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diff --git a/old/52046-8.txt b/old/52046-8.txt deleted file mode 100644 index 75fb630..0000000 --- a/old/52046-8.txt +++ /dev/null @@ -1,4930 +0,0 @@ -Project Gutenberg's A Constitution in Making (1660-1714), by G. B. Perrett - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: A Constitution in Making (1660-1714) - -Author: G. B. Perrett - -Editor: S. E. Winbolt - Kenneth Bell - -Release Date: May 11, 2016 [EBook #52046] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK A CONSTITUTION IN MAKING, 1660-1714 *** - - - - -Produced by Chris Pinfield, and The Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive) - - - - - -Transcriber's Note. - -Apparent typographical errors have been corrected. The use of hyphens -has been rationalised. - -Notices of other books in the series have been moved to the end of the -text. - -Small capitals have been replaced by full capitals, italics are -indicated by _underscores_, and bold font is indicated by +plus signs+. - -Two superscripts are indicated by carets, as "2^ndly" and "1001^12". - - - - -BELL'S ENGLISH HISTORY SOURCE BOOKS - -_General Editors_: S. E. WINBOLT, M.A., and KENNETH BELL, M.A. - - - A CONSTITUTION IN - MAKING - - (1660-1714) - - - COMPILED BY - G. B. PERRETT, M.A. LOND. - EMMANUEL COLLEGE, CAMBRIDGE - - -[Illustration: Bell] - - - LONDON - G. BELL AND SONS, LTD. - 1912 - - - - -INTRODUCTION - - -THIS series of English History Source Books is intended for use with any -ordinary textbook of English History. Experience has conclusively shown -that such apparatus is a valuable--nay, an indispensable--adjunct to the -history lesson. It is capable of two main uses: either by way of lively -illustration at the close of a lesson, or by way of inference-drawing, -before the textbook is read, at the beginning of the lesson. The kind of -problems and exercises that may be based on the documents are legion, -and are admirably illustrated in a _History of England for Schools_, -Part I., by Keatinge and Frazer, pp. 377-381. However, we have no wish -to prescribe for the teacher the manner in which he shall exercise his -craft, but simply to provide him and his pupils with materials hitherto -not readily accessible for school purposes. The very moderate price of -the books in this series should bring them within the reach of every -secondary school. Source books enable the pupil to take a more active -part than hitherto in the history lesson. Here is the apparatus, the raw -material: its use we leave to teacher and taught. - -Our belief is that the books may profitably be used by all grades of -historical students between the standards of fourth-form boys in -secondary schools and undergraduates at Universities. What differentiates -students at one extreme from those at the other is not so much the kind -of subject-matter dealt with, as the amount they can read into or -extract from it. - -In regard to choice of subject-matter, while trying to satisfy the -natural demand for certain "stock" documents of vital importance, we -hope to introduce much fresh and novel matter. It is our intention that -the majority of the extracts should be lively in style--that is, -personal, or descriptive, or rhetorical, or even strongly partisan--and -should not so much profess to give the truth as supply data for -inference. We aim at the greatest possible variety, and lay under -contribution letters, biographies, ballads and poems, diaries, debates, -and newspaper accounts. Economics, London, municipal, and social life -generally, and local history, are represented in these pages. - -The order of the extracts is strictly chronological, each being -numbered, titled, and dated, and its authority given. The text is -modernised, where necessary, to the extent of leaving no difficulties in -reading. - -We shall be most grateful to teachers and students who may send us -suggestions for improvement. - - S. E. WINBOLT. - KENNETH BELL. - - - - -TABLE OF CONTENTS - - - PAGE - -INTRODUCTION v - - 1660. DECLARATION OF BREDA _Parliamentary History_ 1 - - 1660. THE RESTORATION _Clarendon's "History"_ 3 - - 1662. THE ACT OF UNIFORMITY _Statutes of the Realm_ 11 - - 1665. THE PLAGUE IN LONDON _Defoe's "Works"_ 14 - - 1666. THE GREAT FIRE OF LONDON _Pepys's "Diary"_ 22 - - 1668. THE TRIPLE ALLIANCE _Sir W. Temple's "Letters"_ 27 - - 1672-73. THE DECLARATION OF INDULGENCE _Journals of the House of - AND TEST ACT Commons_ 30 - - 1673. COFFEE HOUSES _Harleian Miscellany_ 34 - - 1673. A PARLIAMENTARY ELECTION "_Lives of the Norths_" 38 - - 1675. A BOGUS "KING'S SPEECH" "_Contemporary Satire_" 40 - - 1679. HABEAS CORPUS ACT _Statutes of the Realm_ 43 - - 1678-81. THE POPISH TERROR _Burnet's "Own Times"_ 47 - - 1680. STAFFORD'S TRIAL _Evelyn's "Diary"_ 56 - - 1681. CHARACTER OF SHAFTESBURY _Dryden's "Absalom and - Achitophel"_ 61 - JUDGE JEFFREYS--A CHARACTER - SKETCH "_Lives of the Norths_" 63 - - 1688. TRIAL OF THE SEVEN BISHOPS _Kennet's "Complete - History"_ 66 - - 1688. THE INVITATION TO THE PRINCE - OF ORANGE _British Museum MS._ 71 - - 1688. THE COMING OF THE PRINCE OF - ORANGE _Burnet's "Own Times"_ 75 - - 1689. THE BILL OF RIGHTS _Statutes of the Realm_ 83 - - 1691. CORRESPONDENCE RELATING TO "_Letters of Bonwicke - NON-JURORS and Blechynden_" 90 - - 1692. PACIFICATION OF THE HIGHLANDS _Domestic State Papers_ 93 - - 1696. THE TREASONS ACT _Statutes of the Realm_ 95 - - 1699. THE COLONIAL POST _Treasury Papers_ 97 - - 1701. ACT OF SETTLEMENT _Statutes of the Realm_ 99 - - 1704. MARLBOROUGH ON BLENHEIM "_Marlborough's Letters_" 100 - - 1707. ACT OF UNION OF ENGLAND AND - SCOTLAND _Statutes of the Realm_ 102 - - 1710. IMPEACHMENT OF DR. SACHEVERELL _Parliamentary History_ 105 - - 1712. MARLBOROUGH'S REPLY TO - PECULATION CHARGE "_Acton Library Pamphlets_" 108 - - 1712. TORIES AND THE WAR _Swift's "Conduct of the - Allies"_ 112 - - THE VICAR OF BRAY _Old Song_ 119 - - - - - A CONSTITUTION IN MAKING - 1660-1714 - - - - -DECLARATION OF BREDA (1660). - -+Source.+--_Parliamentary History._ London, 1810. Vol. iv., pp. 16-18. - - -CHARLES R. - -Charles, by the grace of God, King of England, Scotland, France and -Ireland, Defender of the Faith, etc. To all our loving subjects, of what -degree or quality soever, greeting. - -If the general distraction and confusion which is spread over the whole -kingdom doth not awaken all men to a desire and longing that those -wounds which have so many years together been kept bleeding, may be -bound up, all we can say will be to no purpose; however, after this long -silence, we have thought it our duty to declare how much we desire to -contribute thereunto; and that as we can never give over the hope, in -good time, to obtain the possession of that right which God and nature -hath made our due, so we do make it our daily suit to the Divine -Providence, that He will, in compassion to us and our subjects after so -long misery and sufferings, remit and put us into a quiet and peaceable -possession of that our right, with as little blood and damage to our -people as is possible; nor do we desire more to enjoy what is ours, than -that all our subjects may enjoy what by law is theirs, by a full and -entire administration of justice throughout the land, and by extending -our mercy where it is wanted and deserved. - -And to the end that the fear of punishment may not engage any, conscious -to themselves of what is past, to a perseverance in guilt for the -future, by opposing the quiet and happiness of their country, in the -restoration of King, Peers and people to their just, ancient and -fundamental rights, we do, by these presents, declare, that we do grant -a free and general pardon, which we are ready, upon demand, to pass -under our Great Seal of England, to all our subjects, of what degree or -quality soever, who, within forty days after the publishing hereof, -shall lay hold upon this our grace and favour, and shall, by any public -act, declare their doing so, and that they return to the loyalty and -obedience of good subjects; excepting only such persons as shall -hereafter be excepted by Parliament, those only to be excepted. Let all -our subjects, how faulty soever, rely upon the word of a King, solemnly -given by this present declaration, that no crime whatsoever, committed -against us or our royal father before the publication of this, shall -ever rise in judgment, or be brought in question, against any of them, -to the least endamagement of them, either in their lives, liberties or -estates, or (as far forth as lies in our power) so much as to the -prejudice of their reputations, by any reproach or term of distinction -from the rest of our best subjects; we desiring and ordaining that -henceforth all notes of discord, separation and difference of parties be -utterly abolished among all our subjects, whom we invite and conjure to -a perfect union among themselves, under our protection, for the -re-settlement of our just rights and theirs in a free Parliament, by -which, upon the word of a King, we will be advised. - -And because the passion and uncharitableness of the times have produced -several opinions in religion, by which men are engaged in parties and -animosities against each other (which, when they shall hereafter unite -in a freedom of conversation, will be composed or better understood), we -do declare a liberty to tender consciences, and that no man shall be -disquieted or called in question for differences of opinion in matter of -religion, which do not disturb the peace of the kingdom; and that we -shall be ready to consent to such an Act of Parliament, as, upon mature -deliberation, shall be offered to us, for the full granting that -indulgence. - -And because in the continued distractions of so many years, and so many -and great revolutions, many grants and purchases of estates have been -made to and by many officers, soldiers and others, who are now possessed -of the same, and who may be liable to actions at law upon several -titles, we are likewise willing that all such differences, and all -things relating to such grants, sales and purchases, shall be determined -in Parliament, which can best provide for the satisfaction of all men -who are concerned. - -And we do further declare, that we will be ready to consent to any Act -or Acts of Parliament to the purposes aforesaid, and for the full -satisfaction of all arrears due to the officers and soldiers in the army -under the command of General Monk; and that they shall be received into -our service upon as good pay and conditions as they now enjoy. - - Given under our Sign Manual and Privy Signet, at our Court at Breda, - this 4/14 day of April, 1660, in the twelfth year of our reign. - - - - -THE RESTORATION (1660). - -+Source.+--Clarendon's _History of the Great Rebellion_. Folio Edition, -1759. Vol. iv., pp. 1-8. - - -The easy and glorious Reception of the King, in the Manner that hath -been mentioned, without any other Conditions than what had been frankly -offered by himself in his Declaration and letters from _Breda_; the -Parliament's casting themselves in a Body at his Feet, in the Minute of -his Arrival at _Whitehall_, with all the Professions of Duty and -Submission imaginable; and no other Man having Authority there, but They -who had either eminently served the late King, or who were since grown -up out of their Nonage from such Fathers, and had throughly manifested -their past Fidelity to his present Majesty; the rest who had been enough -criminal, shewing more Animosity towards the severe Punishment of those, -who having more Power in the late Times had exceeded them in Mischief, -than care for their own Indemnity: This Temper sufficiently evident, and -the universal Joy of the People, which was equally visible, for the -total Suppression of all those who had so many Years exercised Tyranny -over them, made most Men believe both abroad and at home, that God had -not only restored the King miraculously to his Throne, but that He had, -as He did in the Time of _Hezekiah, prepared the People, for the Thing -was done suddenly_, (2 Chron. xxix. 36) in such a Manner that his -Authority and Greatness would have been more illustrious, than it had -been in any of his Ancestors. And it is most true, and must never be -denied, that the People were admirably disposed and prepared to pay all -the Subjection, Duty and Obedience, that a just and prudent King could -expect from them, and had a very sharp Aversion and Detestation of all -those who had formerly misled and corrupted them; so that, except the -General, who seemed to be possessed entirely of the Affection of the -Army, and whose Fidelity was now above any Misapprehension, there -appeared no Man whose Power and Interest could in any Degree shake or -endanger the Peace and Security the King was in; the Congratulations for -his Return being so universal, from all the Counties of _England_, as -well as from the Parliament and City; from all those who had most -signally disserved and disclaimed him, as well as from those of his own -Party and those who were descended from them: Insomuch as the King was -wont merrily to say, as hath been mentioned before, "that it could be no -Bodies Fault but his own that He had stayed so long abroad, when all -Mankind wished him so heartily at home." It cannot therefore but be -concluded by the Standers by, and the Spectators of this wonderful -Change and Exclamation of all Degrees of Men, that there must be some -wonderful Miscarriages in the State, or some unheard of Defect of -Understanding in those who were trusted by the King in the -Administration of his Affairs; that there could in so short a Time be a -new Revolution in the general Affections of the People, that they grew -even weary of that Happiness They were possessed of and had so much -valued, and fell into the same Discontents and Murmuring which had -naturally accompanied them in the worst Times. - - * * * * * - -The King brought with him from beyond the Seas that Council which had -always attended him, and whose Advice He had always received in his -Transactions of greatest Importance; and his small Family, that -consisted of Gentlemen who had for the most Part been put about him by -his Father, and constantly waited upon his Person in all his Distress, -with as much Submission and Patience undergoing their Part in it, as -could reasonably be expected from such a People; and therefore had the -keener Appetites, and the stronger Presumption to push on their Fortunes -(as They called it) in the Infancy of their Master's Restoration, that -other Men might not be preferred before them, who had not _borne the -Heat of the Day_, as They had done. - -Of the Council were the Chancellor, the Marquis of _Ormond_, the Lord -_Colepepper_, and Secretary _Nicholas_, who lived in great Unity and -Concurrence in the Communication of the most secret Counsels. There had -been more of his Council abroad with him, who, according to the Motions -He made and the Places He had resided in, were some Times with him, but -other remained in _France_, or in some Parts of _Holland_ and -_Flanders_, for their Convenience, ready to repair to his Majesty when -They should be called. The four nominated above were They who constantly -attended, were privy to all Counsels, and waited upon him in his Return. - -The Chancellor was the highest in Place, and thought to be so in Trust, -because He was most in private with the King, had managed most of the -secret Correspondence in England and all Dispatches of Importance had -passed through his Hands; which had hitherto been with the less Envy, -because the indefatigable Pains he took were very visible, and it was as -visible that He gained Nothing by it. His Wants and Necessities were as -great as any Man's, nor was the Allowance assigned to him by the King in -the least Degree more, or better paid, than every one of the Council -received. Besides the Friendship was so entire between the Marquis of -_Ormonde_ and him, that no Arts that were used could dissolve it; and it -was enough known, that as He had an entire and full Confidence from the -King and a greater Esteem than any Man, so that the Chancellor so -entirely communicated all Particulars with him, and there was not the -least Resolution taken without his Privity and Approbation. The -Chancellor had been employed by the last King in all the Affairs of the -greatest Trust and Secrecy; had been made Privy Counsellor and -Chancellor of the Exchequer in the very Beginning of the Troubles; and -had been sent by that King into the _West_ with his Son, when He thought -their Interest would be best preserved and provided for by separating -their Persons. A greater Testimony and Recommendation a Servant could -not receive from his Master, than the King gave of him to the Prince, -who from that Time treated him with as much Affection and Confidence as -any Man, and which (notwithstanding very powerful Opposition) He -continued and improved to this Time of his Restoration; and even then -rejected some Intimations rather than Propositions which were secretly -made to him at the _Hague_, that the Chancellor was a Man very much in -the Prejudice of the Presbyterian Party, as in Truth He was, and -therefore that his Majesty would do best to leave him behind, till He -should be himself settled in _England_: Which the King received with -that Indignation and Disdain, and answered the Person, who privately -presumed to give the Advice, in such a manner, that He was troubled no -more with the Importunity, nor did any Man ever own the Advice. - - * * * * * - -The first Mortification the King met with was as soon as He arrived at -_Canterbury_, which was within three Hours after He landed at _Dover_; -and where He found many of those who were justly looked upon, from their -own Sufferings or those of their Fathers, and their constant adhering to -the same Principles, as of the King's Party, who with Joy waited to kiss -His Hand, and were received by him with those open Arms and flowing -Expressions of Grace, calling all those by their Names who were known to -him, that They easily assured themselves of the Accomplishment of all -their Desires from such a Generous Prince. And some of them, that They -might not lose the first Opportunity, forced him to give them present -Audience, in which They reckoned up the insupportable Losses undergone -by themselves or their Fathers, and some services of their own; and -thereupon demanded the present Grant or Promise of such or such an -Office. Some, for the real small Value of one though of the first -_Classis_ pressed for two or three with such Confidence and Importunity, -and with such tedious Discourses, that the King was extremely nauseated -with their Suits, though his Modesty knew not how to break from them; -that He no sooner got into his Chamber, which for some Hours He was not -able to do, than He lamented the Condition to which He found He must be -subject: And did in Truth from that Minute contract such a prejudice -against the Persons of some of those, though of the greatest Quality, -for the Indecency and Incongruity of their Pretences, that He never -afterwards received their Addresses with his usual Grace or Patience, -and rarely granted any Thing They desired, though the Matter was more -reasonable, and the Manner of asking much more modest. - -But there was another Mortification which immediately succeeded this, -that gave him much more Trouble, and in which He knew not how to comport -himself. The General, after He had given all necessary Orders to his -Troops, and sent a short Dispatch to the Parliament of the King's being -come to _Canterbury_, and of his Purpose to stay there two Days till the -next _Sunday_ was past, He came to the King in his Chamber, and in a -short, secret Audience, and without any Preamble or Apology, as He was -not a Man of a graceful Elocution, He told him "that He could not do him -better Service, than by recommending to him such Persons, who were most -grateful to the People, and in Respect of their Parts and Interests were -best able to serve him." And thereupon gave him a large Paper full of -Names, which the King in Disorder enough received, and without reading -put it into his Pocket that He might not enter into any particular -Debate upon the Persons, and told him "that He would be always ready to -receive his Advice, and willing to gratify him in any Thing he should -desire, and which would not be prejudicial to his Service." The King, as -soon as He could, took an Opportunity, when there remained no more in -his Chamber, to inform the Chancellor of the first Assaults He had -encountered as soon as He alighted out of his Coach, and afterwards of -what the General had said to him; and thereupon took the Paper out of -his Pocket and read it. It contained the Names of at least threescore -and ten Persons, who were thought fittest to be made Privy Counsellors; -in the whole Number whereof, there were only two, who had ever served -the King or been looked upon as zealously affected to his Service, the -Marquis of _Hertford_, and the Earl of _Southampton_, who were both of -so universal Reputation and Interest, and so well known to have the very -particular Esteem of the King, that They needed no such Recommendation. - -All the rest were either those Counsellors who had served the King, and -deserted him by adhering to the Parliament, or of those who had most -eminently disserved him in the Beginning of the Rebellion, and in the -carrying it on with all Fierceness and Animosity until the new Model, -and dismissing the Earl of _Essex_: Then indeed _Cromwell_ had grown -terrible to them, and disposed them to wish the King were again -possessed of his regal Power, and which They did but wish. There were -then the Names of the principal Persons of the Presbyterian Party, to -which the General was thought to be most inclined, at least to satisfy -the foolish and unruly Inclinations of his Wife. There were likewise the -Names of some who were most notorious in all the other Factions; and of -some who in Respect of their mean Qualities and meaner Qualifications, -no body could imagine how They could come to be named, except that, by -the very odd Mixture, any sober and wise Resolutions and Concurrence -might be prevented. - -The King was in more than ordinary Confusion with the reading this -Paper, and knew not well what to think of the General, in whose absolute -Power He now was. However He resolved in the Entrance upon his -Government not to consent to such Impositions, which might prove -perpetual Fetters and Chains upon him ever after. He gave the Paper -therefore to the Chancellor, and bade him "take the first Opportunity to -discourse the Matter with the General" (whom He had not yet saluted) "or -rather with Mr _Morrice_ his most intimate Friend," whom He had newly -presented to the King, and "with Both whom He presumed He would shortly -be acquainted," though for the present both were equally unknown to him. -Shortly after, when mutual visits had passed between them, and such -Professions as naturally are made between Persons who were like to have -much to do with each other; and Mr _Morrice_ being in private with him, -the Chancellor told him "how much the King was surprised with the Paper -He had received from the General, which at least recommended (and which -would have always great Authority with him) some such Persons to his -Trust, in whom He could not yet, till They were better known to him, -repose any Confidence." And thereupon He read many of their Names, and -said, "that if such Men were made Privy Counsellors, it would either be -imputed to the King's own Election, which would cause a very ill Measure -to be taken of his Majesty's Nature and Judgement; or (which more -probably would be the Case) to the Inclination and Power of the General, -which would be attended with as ill Effects." Mr _Morrice_ seemed much -troubled at the Apprehension, and said, "the Paper was of his -Handwriting, by the General's Order, who He was assured had no such -Intention; but that He would presently speak with him and return," which -He did within less than an Hour, and expressed "the Trouble the General -was in upon the King's very just Exception; and that the Truth was, _He -had been obliged to have much Communication with Men of all Humours and -Inclinations, and so had promised to do them good Offices to the King, -and could not therefore avoid_ _inserting their Names in that Paper, -without any Imaginations that the King would accept them: That he had -done his Part, and all that could be expected from him, and left the -King to do what He had thought best for his own Service, which He would -always desire him to do, whatever Proposition he should at any Time -presume to make to his Majesty, which He would not promise should be -always reasonable. However, He did still heartily wish that his Majesty -would make use of some of those Persons_," whom He named, and said, "_He -knew most of them were not his Friends, and that his Service would be -more advanced by admitting them, than by leaving them out._" - -The King was abundantly pleased with this good Temper of the General, -and less disliked those, who He discerned would be grateful to him, than -any of the rest: And so the next Day, He made the General Knight of the -_Garter_, and admitted him of the Council; and likewise at the same Time -gave the Signet to Mr _Morrice_, who was sworn of the Council and -Secretary of State; and Sir _Antony Ashley Cooper_ who had been -presented by the General under a special Recommendation, was then too -sworn of the Council, and the rather, because having lately married the -Niece of the Earl of _Southampton_ (who was then likewise present, and -received the _Garter_ to which He had been elected some Years before) it -was believed that his slippery Humour would be easily restrained and -fixed by the Uncle. All this was transacted during his Majesty's Stay at -_Canterbury_. - -Upon the 29th of _May_, which was his Majesty's Birth-Day, and now the -Day of his Restoration and Triumph, He entered _London_ the Highway from -_Rochester_ to _Blackheath_, being on both Sides so full of Acclamations -of Joy, and crowded with such a Multitude of People that it seemed one -continued Street wonderfully inhabited. Upon _Blackheath_ the Army was -drawn up, consisting of above fifty thousand Men, Horse and Foot, in -excellent Order and Equipage, where the General presented the chief -Officers to kiss the King's Hands, which Grace They seemed to receive -with all Humility and Chearfulness. Shortly after, the Lord Mayor of -_London_, the Sheriffs, and Body of the Aldermen, with the whole Militia -of the City, appeared with great Lustre; whom the King received with a -most graceful and obliging Countenance, and knighted the Mayor and all -the Aldermen, and Sheriffs, and the principal Officers of the Militia: -an Honour the City had been without near eighteen years, and therefore -abundantly welcome to the Husbands and their Wives. With this Equipage -the King was attended through the City of _London_, where the Streets -were railed in on Both Sides that the Livery of the Companies of the -City might appear with the more Order and Decency, till he came to -_Whitehall_; the Windows all the way being full of Ladies and Persons of -Quality, who were impatient to fill their Eyes with a beloved Spectacle -of which They had been so long deprived. The King was no sooner at -_Whitehall_, but (as hath been said) the Speakers, and Both Houses of -Parliament, presented themselves with all possible Professions of Duty -and Obedience at his Royal Feet, and were even ravished with the -cheerful Reception They had from him. The Joy was universal; and -whosoever was not pleased at Heart, took the more Care to appear as if -He was; and no Voice was heard but of the highest Congratulation, of -extolling the Person of the King, admiring his Condescentions and -Affability, raising his Praises to Heaven, and cursing and detesting the -Memory of those villains who had so long excluded so meritorious a -Prince, and thereby withheld that Happiness from them, which they should -enjoy in the largest Measure they could desire or wish. - - - - -THE ACT OF UNIFORMITY (1662). - -+Source.+--_Statutes of the Realm._ Vol. v., pp. 364-370. - - -Whereas in the first year of the late Queen Elizabeth there was one -uniform order of common service and prayer and of the administration of -sacraments, rites, and ceremonies in the Church of England ... compiled -by the reverend bishops and clergy, intituled, The Book of Common Prayer -... and enjoined to be used by Act of Parliament ... and yet ... a great -number of people in divers parts of this realm ... do wilfully and -schismatically ... refuse to come to their parish churches ... upon the -Sundays and other days ... appointed to be kept as holy days; And -whereas by the great and scandalous neglect of ministers in using the -said order or liturgy ..., great mischiefs and inconveniences, during -the times of the late unhappy troubles, have arisen ... and many people -have been led into factions and schisms, to the great decay and scandal -of the reformed religion of the Church of England, and to the hazard of -many souls:--For the prevention of which ... in time to come, for -settling the peace of the Church and for allaying the present distempers -which the indisposition of the time hath contracted, the King's Majesty -... granted his commission under the Great Seal of England to several -bishops and other divines to review the Book of Common Prayer and to -prepare such alterations and additions as they thought fit to offer. And -afterwards the convocations, ... being by his Majesty ... assembled, his -Majesty hath been pleased to authorize and require the presidents of the -said convocations ... to review the said Book of Common Prayer, and the -book of the form and manner of the making and consecrating of bishops, -priests, and deacons; And that ... they should make such additions and -alterations in the said books ... as to them should seem meet and -convenient. - -[Which things being done] his Majesty ... hath fully approved and -allowed the same, and recommended to this present Parliament, That the -said Books of Common Prayer and of the form of ordination and -consecration of bishops, priests, and deacons, with the alterations ... -made, ... be the book which shall be appointed to be used by all that -officiate in all cathedral and collegiate churches and chapels, and in -all chapels of colleges and halls in both the universities, and the -colleges of Eton and Winchester, and in all parish churches and chapels -within the kingdom of England, dominion of Wales, and town of Berwick -upon Tweed, and by all that make or consecrate bishops, priests, or -deacons. - -Be it enacted by the King's most excellent Majesty, by the advice and -with the consent of the Lords spiritual and temporal, and of the -Commons, in this present parliament assembled ... that all and singular -ministers in any cathedral, collegiate or parish church or chapel, or -other place of public worship within this realm of England, dominion of -Wales, and town of Berwick upon Tweed, shall be bound to say and use ... -the Book of Common Prayer. - -That every parson, vicar, or other minister whatsoever, who now ... -enjoyeth any ecclesiastical benefice or promotion within the ... places -aforesaid, shall, in the church, chapel, or place of public worship -belonging to his said benefit or promotion, upon some Lord's day before -the feast of St. Bartholomew ... in the year ... one thousand six -hundred and sixty and two, openly, publicly, and solemnly read the -Morning and Evening Prayer ... according to the said Book of Common -Prayer ... and after such reading ... shall openly and publicly, before -the congregation there assembled, declare his unfeigned assent and -consent to the use of all things in the said book ... in these words, -and no other:-- - - "I [name] do hereby declare my unfeigned assent and consent to all and - every thing contained and prescribed in and by the book, intituled, The - Book of Common Prayer and administration of the sacraments, and other - rites and ceremonies of the Church of England, together with the - psalter or psalms of David, appointed as they are to be sung or said in - churches; and the form or manner of making, ordaining, and consecrating - of bishops, priests and deacons." - -And that all ... who shall ... neglect or refuse to do the same ... -shall _ipso facto_ be deprived of all his spiritual promotions. - -And that ... every dean, canon, and prebendary of every cathedral or -collegiate church, and all masters and other heads, fellows, chaplains, -and tutors of or in any college, hall, house of learning or hospital, -and every public professor and reader in either of the universities, and -in every college elsewhere, and every parson, vicar, curate, lecturer, -and every other person in holy orders, and every schoolmaster keeping -any public or private school, and every person instructing or teaching -any youth in any house or private family as a tutor or schoolmaster ... -shall, before the feast of St. Bartholomew [1662] subscribe to the -declaration following.... - - "I [name] do declare that it is not lawful upon any pretence whatsoever - to take up arms against the king, and that I do abhor that traitorous - position of taking arms by his authority against his person; and that I - will conform to the liturgy of the Church of England, as it is now by - law established. And I do declare that I do hold there lies no - obligation, upon me or on any other person, from the oath commonly - called The solemn league and covenant, to endeavour any ... alteration - of government either in church or state, and that the same was in - itself an unlawful oath, and imposed upon the subjects of this realm - against the known laws and liberties of this kingdom." - - - - -THE PLAGUE IN LONDON (1665). - -By DANIEL DE FOE. - -+Source.+--Bohn Edition, pp. 14-16, 44-48. - - -The city itself began now to be visited too, I mean within the walls; -but the number of people there were indeed extremely lessened, by so -great a multitude having been gone into the country; and even all this -month of July, they continued to flee, though not in such multitudes as -formerly. In August, indeed, they fled in such a manner, that I began to -think there would be really none but magistrates and servants left in -the city. - -As they fled now out of the city, so I should observe, that the court -removed early, viz., in the month of June, and went to Oxford, where it -pleased God to preserve them; and the distemper did not, as I heard of, -as much as touch them; for which I cannot say that I ever saw they -showed any great token of thankfulness, and hardly anything of -reformation, though they did not want being told that their crying vices -might, without breach of charity, be said to have gone far in bringing -that terrible judgment upon the whole nation. - -The face of London was now indeed strangely altered, I mean the whole -mass of buildings, city, liberties, suburbs, Westminster, Southwark, and -altogether; for, as to the particular part called the city, or within -the walls, that was not yet much infected; but in the whole, the face of -things, I say, was much altered; sorrow and sadness sat upon every face, -and though some parts were not yet overwhelmed, yet all looked deeply -concerned; and as we saw it apparently coming on, so every one looked on -himself, and his family, as in the utmost danger: were it possible to -represent those times exactly, to those that did not see them, and give -the reader due ideas of the horror that everywhere presented itself, it -must make just impressions upon their minds, and fill them with -surprise. London might well be said to be all in tears; the mourners did -not go about the streets indeed, for nobody put on black, or made a -formal dress of mourning for their nearest friends; but the voice of -mourning was truly heard in the streets; the shrieks of women and -children at the windows and doors of their houses, where their nearest -relations were, perhaps dying, or just dead, were so frequent to be -heard, as we passed the streets, that it was enough to pierce the -stoutest heart in the world to hear them. Tears and lamentations were -seen almost in every house, especially in the first part of the -visitation; for towards the latter end, men's hearts were hardened, and -death was so always before their eyes, that they did not so much concern -themselves for the loss of their friends, expecting that themselves -should be summoned the next hour. - -Business led me out sometimes to the other end of the town, even when -the sickness was chiefly there; and as the thing was new to me, as well -as to everybody else, it was a most surprising thing to see those -streets, which were usually so thronged, now grown desolate, and so few -people to be seen in them, that if I had been a stranger, and at a loss -for my way, I might sometimes have gone the length of a whole street, I -mean of the by-streets, and see nobody to direct me, except watchmen set -at the doors of such houses as were shut up; of which I shall speak -presently. - -One day, being at that part of the town, on some special business, -curiosity led me to observe things more than usually; and indeed I -walked a great way where I had no business; I went up Holborn, and there -the street was full of people; but they walked in the middle of the -great street, neither on one side or other, because, as I suppose, they -would not mingle with anybody that came out of houses, or meet with -smells and scents from houses that might be infected. - -The inns of court were all shut up, nor were very many of the lawyers in -the Temple, or Lincoln's-inn, or Gray's-inn, to be seen there. Everybody -was at peace, there was no occasion for lawyers; besides, it being in -the time of the vacation too, they were generally gone into the country. -Whole rows of houses in some places were shut close up, the inhabitants -all fled, and only a watchman or two left. - -When I speak of rows of houses being shut up, I do not mean shut up by -the magistrates; but that great numbers of persons followed the court, -by the necessity of their employments, and other dependencies; and as -others retired, really frighted with the distemper, it was a mere -desolating of some of the streets: but the fright was not yet near so -great in the city, abstractedly so called; and particularly because, -though they were at first in a most inexpressible consternation, yet, as -I have observed, that the distemper intermitted often at first, so they -were as it were alarmed, and unalarmed again, and this several times, -till it began to be familiar to them; and that even when it appeared -violent, yet seeing it did not presently spread into the city, or the -east or south parts, the people began to take courage, and to be, as I -may say, a little hardened. It is true, a vast many people fled, as I -have observed, yet they were chiefly from the west end of the town, and -from that we call the heart of the city, that is to say, among the -wealthiest of the people; and such persons as were unincumbered with -trades and business. But of the rest, the generality stayed, and seemed -to abide the worst; so that in the place we call the liberties, and in -the suburbs, in Southwark, and in the east part, such as Wapping, -Ratcliff, Stepney, Rotherhithe, and the like, the people generally -stayed, except here and there a few wealthy families, who, as above, did -not depend upon their business. - -It must not be forgot here, that the city and suburbs were prodigiously -full of people at the time of this visitation, I mean at the time that -it began; for though I have lived to see a farther increase, and mighty -throngs of people settling in London, more than ever; yet we had always -a notion that numbers of people, which, the wars being over, the armies -disbanded, and the royal family and the monarchy being restored, had -flocked to London to settle in business, or to depend upon, and attend -the court for rewards of services, preferments, and the like, was such -that the town was computed to have in it above a hundred thousand people -more than ever it held before; nay, some took upon them to say, it had -twice as many, because all the ruined families of the royal party -flocked hither; all the soldiers set up trades here and abundance of -families settled here; again, the court brought with it a great flux of -pride and new fashions; all people were gay and luxurious, and the joy -of the restoration had brought a vast many families to London. - -I went all the first part of the time freely about the streets, though -not so freely as to run myself into apparent danger, except when they -dug the great pit in the churchyard of our parish of Aldgate. A terrible -pit it was, and I could not resist my curiosity to go and see it; as -near as I may judge, it was about forty feet in length, and about -fifteen or sixteen feet broad; and, at the time I first looked at it, -about nine feet deep; but it was said, they dug it near twenty feet deep -afterwards, in one part of it, till they could go no deeper for the -water; for they had, it seems, dug several large pits before this; for, -though the plague was long a coming to our parish, yet, when it did -come, there was no parish in or about London where it raged with such -violence as in the two parishes of Aldgate and Whitechapel. - -I say they had dug several pits in another ground when the distemper -began to spread in our parish, and especially when the dead-carts began -to go about, which was not in our parish till the beginning of August. -Into these pits they had put perhaps fifty or sixty bodies each, then -they made larger holes, wherein they buried all that the cart brought in -a week, which, by the middle to the end of August, came to from two -hundred to four hundred a week; and they could not well dig them larger, -because of the order of the magistrates, confining them to leave no -bodies within six feet of the surface; and the water coming on at about -seventeen or eighteen feet, they could not well, I say, put more in one -pit; but now, at the beginning of September, the plague raging in a -dreadful manner, and the number of burials in our parish increasing to -more than was ever buried in any parish about London, of no larger -extent, they ordered this dreadful gulf to be dug, for such it was -rather than a pit. - -They had supposed this pit would have supplied them for a month or more, -when they dug it, and some blamed the churchwardens for suffering such a -frightful thing, telling them they were making preparations to bury the -whole parish, and the like; but time made it appear the churchwardens -knew the condition of the parish better than they did; for the pit being -finished the 4th of September, I think they began to bury in it the 6th, -and by the 20th, which was just two weeks, they had thrown into it 1,114 -bodies, when they were obliged to fill it up, the bodies being then come -to lie within six feet of the surface. I doubt not but there may be some -ancient persons alive in the parish, who can justify the fact of this, -and are able to show even in what place of the churchyard the pit lay -better than I can; the mark of it also was many years to be seen in the -churchyard on the surface, lying in length, parallel with the passage -which goes by the west wall of the churchyard, out of Houndsditch, and -turns east again, into Whitechapel, coming out near the Three-Nuns inn. - -It was about the 10th of September, that my curiosity led, or rather -drove me to go and see this pit again, when there had been near four -hundred people buried in it; and I was not content to see it in the day -time, as I had done before, for then there would have been nothing to -have been seen but the loose earth; for all the bodies that were thrown -in were immediately covered with earth, by those they called the -buriers, which at other times were called bearers; but I resolved to go -in the night, and see some of them thrown in. - -There was a strict order to prevent people coming to those pits, and -that was only to prevent infection; but, after some time, that order was -more necessary, for people that were infected, and near their end, and -delirious also, would run to those pits wrapt in blankets, or rugs, and -throw themselves in, and, as they said, bury themselves. I cannot say -that the officers suffered any willingly to lie there; but I have heard, -that in a great pit in Finsbury, in the parish of Cripplegate, it lying -open then to the fields, for it was not then walled about, many came and -threw themselves in, and expired there, before they threw any earth upon -them; and that when they came to bury others, and found them there, they -were quite dead, though not cold. - -This may serve a little to describe the dreadful condition of that day, -though it is impossible to say anything that is able to give a true idea -of it to those who did not see it, other than this; that it was indeed, -very, very, very dreadful, and such as no tongue can express. - -I got admittance into the churchyard by being acquainted with the sexton -who attended, who, though he did not refuse me at all, yet earnestly -persuaded me not to go: telling me very seriously, for he was a good -religious and sensible man, that it was, indeed, their business and duty -to venture, and to run all hazards, and that in it they might hope to be -preserved; but that I had no apparent call to it but my own curiosity, -which, he said, he believed I would not pretend, was sufficient to -justify my running that hazard. I told him I had been pressed in my mind -to go, and that, perhaps, it might be an instructing sight, that might -not be without its uses. Nay, says the good man, if you will venture -upon that score, Name of God, go in; for, depend upon it, it will be a -sermon to you, it may be, the best that ever you heard in your life. It -is a speaking sight, says he, and has a voice with it, and a loud one, -to call us all to repentance; and with that he opened the door, and -said, Go, if you will. - -His discourse had shocked my resolution a little, and I stood wavering -for a good while, but, just at that interval, I saw two links come over -from the end of the Minories, and heard the bellman, and then appeared a -dead-cart, as they called it, coming over the streets; so I could no -longer resist my desire of seeing it, and went in. There was nobody as I -could perceive at first, in the churchyard, or going into it, but the -buriers, and the fellow that drove the cart, or rather led the horse and -cart, but when they came up to the pit, they saw a man go to and again, -muffled up in a brown cloak, and making motions with his hands, under -his cloak, as if he was in great agony; and the buriers immediately -gathered about him, supposing he was one of those poor delirious, or -desperate creatures, that used to pretend, as I have said, to bury -themselves; he said nothing as he walked about, but two or three times -groaned very deeply, and loud, and sighed as he would break his heart. - -When the buriers came up to him, they soon found he was neither a person -infected and desperate, as I have observed above, or a person -distempered in mind, but one oppressed with a dreadful weight of grief -indeed, having his wife and several of his children, all in the cart, -that was just come in with him, and he followed in an agony and excess -of sorrow. He mourned heartily, as it was easy to see, but with a kind -of masculine grief, that could not give itself vent by tears; and, -calmly desiring the buriers to let him alone, said he would only see the -bodies thrown in, and go away, so they left importuning him; but no -sooner was the cart turned round, and the bodies shot into the pit, -promiscuously, which was a surprise to him, for he at least expected -they would have been decently laid in, though indeed, he was afterwards -convinced that was impracticable; I say, no sooner did he see the sight, -but he cried out aloud, unable to contain himself. I could not hear what -he said, but he went backwards two or three steps, and fell down in a -swoon; the buriers ran to him and took him up, and in a little while he -came to himself, and they led him away. He looked into the pit again, as -he went away, but the buriers had covered the bodies so immediately with -throwing in earth, that nothing could be seen. - -This was a mournful scene indeed, and affected me almost as much as the -rest; but the other was awful, and full of terror; the cart had in it -sixteen or seventeen bodies, some were wrapt up in linen sheets, some in -rugs, some little other than naked, or so loose, that what covering they -had fell from them, in the shooting out of the cart, and they fell quite -naked among the rest; but the matter was not much to them, or the -indecency much to anyone else, seeing they were all dead, and were to be -huddled together into the common grave of mankind, as we may call it, -for here was no difference made, but poor and rich went together; there -was no other way of burials, neither was it possible there should be, -for coffins were not to be had for the prodigious numbers that fell in -such a calamity as this. - -It was reported, by way of scandal upon the buriers, that if any corpse -was delivered to them, decently wound up, as we called it then, in a -winding sheet tied over the head and feet, which some did, and which was -generally of good linen; I say, it was reported, that the buriers were -so wicked as to strip them in the cart, and carry them quite naked to -the ground: but, as I cannot credit anything so vile among Christians, -and at a time so filled with terrors, as that was, I can only relate it, -and leave it undetermined. - - - - -THE GREAT FIRE OF LONDON (1666). - -+Source.+--_Pepys's Diary_ (Wheatley's edition, 5s.). Vol. v., -pp. 392-403. - - -_September 2, 1666._--Some of our mayds sitting up late last night to -get things ready against our feast to-day, Jane called us up about three -in the morning, to tell us of a great fire they saw in the City. So I -rose and slipped on my night-gowne, and went to her window, and thought -it to be on the backside of Marke-lane at the farthest; but, being -unused to such fires as followed, I thought it to be far enough off; and -so went to bed again and to sleep. About seven rose again to dress -myself, and there looked out at the window, and saw the fire not so much -as it was and further off. So to my closett to set things to rights -after yesterday's cleaning. By and by Jane comes and tells me that she -hears that above 300 houses have been burned down to-night by the fire -we saw, and that it is now burning down all Fish-street by London -Bridge. So I made myself ready presently, and walked to the Tower ...; -and there I did see the houses at that end of the bridge all on fire, -and an infinite great fire on this and the other side the end of the -bridge; which, among other people, did trouble me for poor little -Michell and our Sarah on the bridge. So down, with my heart full of -trouble, to the Lieutenant of the Tower, who tells me it begun this -morning in the King's baker's house in Pudding Lane, and that it hath -burned St. Magnus's Church and most part of Fish-street already. So I -down to the water-side, and there got a boat and through bridge, and -there saw a lamentable fire. Poor Michell's house, as far as the Old -Swan, already burned that way, and the fire running further, that in a -very little time it got as far as the Steele-yard, while I was there. -Everybody endeavouring to remove their goods, and flinging into the -river or bringing them into lighters that lay off; poor people staying -in their houses as long as till the very fire touched them, and then -running into boats, or clambering from one pair of stairs by the -water-side to another. And among other things, the poor pigeons, I -perceive, were loth to leave their houses, but hovered about the windows -and balconys till they burned their wings, and fell down. - -Having staid, and in an hour's time seen the fire rage every way, and -nobody, to my sight, endeavouring to quench it, but to remove their -goods, and leave all to the fire, and having seen it get as far as the -Steele-yard, and the wind mighty high and driving it into the City; and -everything, after so long a drought, proving combustible, even the very -stones of the churches, and among other things, the poor steeple by -which pretty Mrs. ---- lives, and whereof my old schoolfellow Elborough -is parson, taken fire in the very top, and there burned till it fell -down: to White Hall ... and there up to the King's closett in the -Chappell, where people come about me, and I did give them an account -dismayed them all, and word was carried in to the King. So I was called -for, and did tell the King and the Duke of York what I saw, and that -unless his Majesty did command houses to be pulled down nothing could -stop the fire. They seemed much troubled, and the King commanded me to -go to my Lord Mayor from him, and command him to spare no houses, but to -pull down before the fire every way. The Duke of York bid me tell him -that if he would have any more soldiers he shall; and so did my Lord -Arlington afterwards, as a great secret. Here meeting with Captain -Cocke, I in his coach, which he lent me, and Creed with me to Paul's, -and there walked along Watling-street as well as I could, every creature -coming away loaden with goods to save, and here and there sicke people -carried away in beds. Extraordinary good goods carried in carts or on -backs. At last met my Lord Mayor in Canning-street, like a man spent, -with a handkercher about his neck. To the King's message he cried, like -a fainting woman, "Lord, what can I do? I am spent: people will not obey -me. I have been pulling down houses; but the fire overtakes us faster -than we can do it." That he needed no more soldiers; and that, for -himself, he must go and refresh himself, having been up all the night. -So he left me, and I him, and walked home, seeing people all almost -distracted, and no manner of means used to quench the fire. The houses, -too, so very thick thereabouts, and full of matter for burning, as pitch -and tar, in Thames-street; and warehouses of oyle, and wines, and -brandy, and other things. Here I saw Mr. Isaake Houblon, the handsome -man, prettily dressed and dirty, at his door at Dow-gate, receiving some -of his brother's things, whose houses were on fire; and, as he says, -have been removed twice already; and he doubts (as it soon proved) that -they must be in a little time removed from his house also, which was a -sad consideration. And to see the churches all filling with goods by -people who themselves should have been quietly there at this time. By -this time it was about twelve o'clock; and so home.... - -While at dinner Mrs. Batelier come to enquire after Mr. Woolfe and -Stanes ... whose houses in Fish-street are all burned, and they in a sad -condition. She would not stay in the fright. Soon as dined, I and Moone -away, and walked through the City, the streets full of nothing but -people and horses and carts loaden with goods, ready to run over one -another, and removing goods from one burned house to another. They now -removing out of Canning-street (which received goods in the morning) -into Lumbard-street, and further; and among others I now saw my little -goldsmith, Stokes, receiving some friend's goods, whose house itself was -burned the day after. - -We parted at Paul's; he home, and I to Paul's Wharf, where I had -appointed a boat to attend me, and took in Mr. Carcasse and his brother, -whom I met in the streete, and carried them below and above bridge to -... see the fire, which was now got further, both below and above, and -no likelihood of stopping it. Met with the King and Duke of York in -their barge, and with them to Queenhithe, and there called Sir Richard -Browne to them. Their order was only to pull down houses apace, and so -below bridge at the water-side; but little was or could be done, the -fire coming upon them so fast. Good hopes there were of stopping it at -the Three Cranes above, and at Buttolph's Wharf below bridge, if care be -used; but the wind carries it into the City, so as we know not by the -water-side what it do there. River full of lighters and boats taking in -goods, and good goods swimming in the water, and only I observed that -hardly one lighter or boat in three that had the goods of a house in, -but there was a pair of Virginalls[1] in it. - -Having seen as much as I could now, I away to White Hall by appointment, -and there walked to St. James's Parke, and there met my wife and Creed -and Wood and his wife and walked to my boat; and there upon the water -again, and to the fire up and down, it still increasing, and the wind -great. So near the fire as we could for smoke; and all over the Thames, -with one's face in the wind, you were almost burned with a shower of -fire drops. This is very true; so as houses were burned by these drops -and flakes of fire, three or four, nay, five or six houses, one from -another. When we could endure no more upon the water, we to a little -ale-house on the Bankside, over against the Three Cranes, and there -staid till it was dark almost, and saw the fire grow; and, as it grew -darker, appeared more and more, and in corners and upon steeples, and -between churches and houses, as far as we could see up the hill of the -City, in a most horrid malicious bloody flame, not like the fine flame -of an ordinary fire.... We staid till, it being darkish, we saw the fire -as only one entire arch of fire from this to the other side the bridge, -and in a bow up the hill for an arch of above a mile long: it made me -weep to see it. The churches, houses, and all on fire and flaming at -once; and a horrid noise the flames made, and the cracking of houses at -their ruine. So home with a sad heart, and there find every body -discoursing and lamenting the fire; and poor Tom Hater come with some -few of his goods saved out of his house, which is burned upon -Fish-streete Hill. I invited him to lie at my house, and did receive his -goods, but was deceived in his lying there; so as we were forced to -begin to pack up our owne goods, and prepare for their removal; and did -by moonshine (it being brave dry, and moonshine, and warm weather) carry -much of my goods into the garden, and Mr. Hater and I did remove my -money and iron chests into my cellar, as thinking that the safest place. -And got ready my bags of gold into my office, ready to carry away, and -my chief papers of accounts also there, and my tallys into a box by -themselves. So great was our fear, as Sir W. Batten hath carts come out -of the country to fetch away his goods this night. We did put Mr. Hater, -poor man, to bed a little; but he got but very little rest, so much -noise being in my house, taking down of goods. - -_September 3._--About four o'clock in the morning, my Lady Batten sent -me a cart to carry away all my money, and plate, and best things, to Sir -W. Rider's at Bednall Green. Which I did, riding myself in my -night-gowne in the cart; and, Lord! to see how the streets and highways -are crowded with people running and riding, and getting of carts at any -rate to fetch away things. I find Sir W. Rider tired with being called -up all night, and receiving things from several friends. His house full -of goods, and much of Sir W. Batten's and Sir W. Pen's. I am eased at my -heart to have my treasure so well secured. Then home, with much ado to -find a way, nor any sleep at all this night to me nor my poor wife. But -then and all this day she and I, and all my people labouring to get away -the rest of our things, and did get Mr. Tooker to get me a lighter to -take them in, and we did carry them (myself some) over Tower Hill, which -was by this time full of people's goods, bringing their goods thither; -and down to the lighter, which lay at the next quay, above the Tower -Docke. And here was my neighbour's wife, Mrs. ----, with her pretty -child, and some few of her things, which I did willingly give way to be -saved with mine; but there was no passing with anything through the -postern, the crowd was so great. - -The Duke of York come this day by the office, and spoke to us, and did -ride with his guard up and down the City to keep all quiet (he being now -Generall, and having the care of all). - -_September 4._-- ... Now begins the practice of blowing up of houses in -Tower-streete, those next the Tower, which at first did frighten people -more than anything; but it stopped the fire where it was done, it -bringing down the houses to the ground in the same places they stood, -and then it was easy to quench what little fire was in it, though it -kindled nothing almost. W. Hewer ... comes home late, telling us ... -that the fire is got so far that way (_i.e._ to Islington), and all the -Old Bayly, and was running down to Fleete-streete; and Paul's is burned, -and all Cheap-side. I wrote to my father this night, but the post-house -being burned, the letter could not go. - -_September 6._--Up at five o'clock, and there met Mr. Gawden at the gate -of the office (I intending to go out, as I used, every now and then -to-day, to see how the fire is) to call our men to Bishop's-gate, where -no fire had yet been near, and there is now one broke out: which did -give great grounds to people, and to me, too, to think that there is -some kind of plot in this (on which many by this time have been taken, -and it hath been dangerous for any stranger to walk in the streets), but -I went with the men, and we did put it out in a little time; so that -that was well again. - -_September 7._--Up by five o'clock; and, blessed be God! find all well; -and by water to Paul's wharfe. Walked thence, and saw all the towne -burned, and a miserable sight of Paul's Church, with all the roofs -fallen, and the body of the quire fallen into St. Fayth's; Paul's school -also, Ludgate, and Fleet-street, my father's house, and the church, and -a good part of the Temple the like. - -[1] Virginall: a musical instrument. - - - - -THE TRIPLE ALLIANCE (1668). - -+Source.+--_The Works of Sir William Temple: Letters._ Vol. ii., p. 70. - - -I. - -That if any Prince, State, or other Person whatever, without Exception, -shall under any Pretext, invade or attempt to invade the Territories, -Countries, or any Places that lie within the Dominions of the said King -of _Great Britain_, or shall exercise any Acts of Hostility by Sea or by -Land, against the said King or His Subjects, the said _States General_ -shall be obliged, as by Virtue of these Presents they are obliged, to -send forty Ships of War, well furnish'd with all things necessary, to -assist the said King, to oppose, suppress and repel, all such Insults -and Acts of Hostility, and to procure him due Reparation for any Damages -sustained: That is to say, fourteen of the said Ships shall carry from -sixty to eighty great Guns, and four hundred Men, a just Allowance and -Computation being made, as well with respect to those Ships that carry a -greater, as those that carry a lesser Number of Men: Fourteen other -Ships shall carry from forty to sixty Guns, and one with another, three -hundred Men at the least, Allowance to be made as before; and none of -the rest to carry less than six and thirty Guns, and a hundred and fifty -Men. Besides which, they shall assist him with six thousand Foot -Soldiers, and four hundred Horse, or shall pay a Sum of Money with due -regard to the just Value of such an Assistance, either for the whole or -part, at the Choice of the said King. All these Aids shall be furnish'd -within six Weeks after they shall be demanded; and the said King shall -reimburse the whole Charge to said States within three Years after the -Conclusion of the War. - - -II. - -That if any Prince, State, or other Person whatever, without Exception, -shall under any Pretext, invade or attempt to invade the _United -Provinces_, or any Places situated within the Jurisdiction of the said -_States General_, or garrison'd by their Soldiers; or shall exercise any -Act of Hostility by Land or by Sea, against the said _States General_ or -their Subjects; the said King shall be obliged, as by Virtue of these -Presents he is obliged, to send forty Ships of War well furnished with -all things necessary, to assist the said _States General_, to oppose, -suppress and repel, all such Insults and Acts of Hostility, and to -procure due Reparation for any Damages sustained by them: That is to -say, fourteen of the said Ships shall carry from sixty to eighty great -Guns, and four hundred Men; a just Allowance and Computation being made, -as well with regard to those Ships that carry a greater, as those that -carry a lesser Number of Men: Fourteen other Ships shall carry from -forty to sixty Guns, and one with another three hundred Men at the -least; Allowance to be made as before; and none of the rest to carry -less than six and thirty Guns, and a hundred and fifty Men. Besides -which, he shall assist them with six thousand Foot Soldiers, and four -hundred Horse; or shall pay a Sum of Money, with due regard to the just -Value of such an Assistance, either for the whole or a part, at the -Choice of the said States. All these Aids shall be furnished within six -Weeks after they shall be demanded: And the said States shall reimburse -the whole Charge to the said King, within three Years after the -Conclusion of the War. - - -III. - -The said Ships of War, and the said auxiliary Forces of Horse and Foot, -together with the Commanders of the Ships and Forces, and all the -subaltern officers of both, that shall be sent to the Assistance of the -Party injured and attack'd, shall be obliged to submit to his Pleasure, -and be obedient to the Orders of him or them, who shall be appointed to -command the Armies in chief either by Sea or Land. - - -IV. - -Now that an exact Computation may be made of the Charges that are to be -reimburs'd within the space of three Years after the Conclusion of the -War; and that the Value of such Assistance may be adjusted in ready -Money, which possibly the Party attack'd may chuse, either for the whole -or a part of the said Ships, Horse and Foot; 'tis thought expedient, -that the fourteen Ships carrying from sixty to eighty Pieces of Cannon, -should be valued at the Sum of eighteen thousand six hundred and sixty -six Pounds Sterling, or of _English_ Money; the other fourteen which -carry from forty to sixty Guns, at fourteen thousand Pounds Sterling; -and the remaining twelve, at six thousand Pounds of the same Money: Six -thousand Foot, at seven thousand five hundred Pounds Sterling; and four -hundred Horse, at one thousand and forty Pounds, for one Month: The -Money to be paid by the said King of _Great Britain_ at _London_, and by -the _States General_ at _Amsterdam_, according as the Course of the -Exchange shall be at the time when Payment is to be made. But in -Consideration of the six thousand Foot Soldiers, the Sum of six thousand -Pounds Sterling shall be paid within the first Month, to defray the -Expence of listing and providing the Men. - - -V. - -This League, with all and every thing therein contained, shall be -confirmed and ratified by the said King of _Great Britain_, and the said -_States General_ of the _United Provinces_, by Letters Patents of both -Parties, sealed with their Great Seal in due and authentick Form, within -four Weeks next ensuing, or sooner, if it may be; and the mutual -Instruments of Ratification shall be exchanged on each part within the -said time. - - - - -CHARLES II.'S DECLARATION OF INDULGENCE AND THE TEST ACT (1672-73). - -+Source.+--_Journals of the House of Commons._ - - -THE DECLARATION OF INDULGENCE. - -Our care and endeavours for the preservation of the rights and interests -of the Church have been sufficiently manifested to the world by the -whole course of our government since our happy restoration, and by the -many and frequent ways of coercion that we have used for reducing all -erring or dissenting persons, and for composing the unhappy differences -in matters of religion which we found among our subjects upon our return. - -But, it being evident by the sad experience of twelve years that there -is very little fruit of all those forcible courses, we think ourselves -obliged to make use of that supreme power in ecclesiastical matters, -which is not only inherent in us but hath been declared and recognized -to be so by several statutes and acts of parliament. And therefore we do -now accordingly issue out this our royal declaration, as well for the -quieting the minds of our good subjects in these points, for inviting -strangers in this conjunction to come and live under us, and for the -better encouragement of all to a cheerful following of their trades and -callings, from whence we hope, by the blessing of God, to have many good -and happy advantages to our government; as also for preventing for the -future the danger that might otherwise arise from private meetings and -seditious conventicles. And in the first place, we declare our express -resolution, meaning, and intention to be that the Church of England be -preserved and remain entire in its doctrine, discipline, and government, -as it now stands established by law; and that this be taken to be, as it -is, the basis, rule, and standard of the general and public worship of -God, and the orthodox conformable clergy do receive and enjoy the -revenues belonging thereunto; and that no person, though of different -opinion and persuasion, shall be exempt from paying his tithes, or other -dues whatsoever. And further we declare that no person shall be capable -of holding any benefice, living, or ecclesiastical dignity or preferment -of any kind in this Kingdom of England, who is not exactly conformable. - -We do in the next place declare our will and pleasure to be that the -execution of all and all manner of penal laws in matters ecclesiastical, -against whatsoever sort of nonconformists or recusants, be immediately -suspended, and they are hereby suspended. And all judges of assize and -gaol-delivery sheriffs, justices of the peace, mayors, bailiffs, and -other officers whatsoever, whether ecclesiastical or civil, are to take -notice of it, and pay due obedience thereunto, and that there may be no -pretence for any of our subjects to continue their illegal meetings and -conventicles, we do declare that we shall from time to time allow a -sufficient number of places, as shall be desired, in all parts of this -our kingdom, for the use of such as do not conform to the Church of -England, to meet and assemble in, in order to their public worship and -devotion; which places shall be open and free to all persons. - -But to prevent such disorders and inconveniences as may happen by this -our indulgence, if not duly regulated, and that they may be better -protected by the civil magistrate, our express will and pleasure is that -none of our subjects do presume to meet in any place, until such place -be allowed, and the teacher of that congregation be approved by us. And -lest any should apprehend that this our restriction should make our said -allowance and approbation difficult to be obtained, we do further -declare, that this our indulgence as to the allowance of public places -of worship and approbation of teachers shall extend to all sorts of -nonconformists and recusants, except the recusants of the Roman Catholic -religion, to whom we shall no ways allow public places of worship, but -only indulge them in their share in the common exemption from the -executing the penal laws and the exercise of their worship in their -private houses only. And if after this our clemency and indulgence any -of our subjects shall presume to abuse this liberty and shall preach -seditiously, or to the derogation of the doctrine, discipline or -government of the established church, or shall meet in places not -allowed by us, we do hereby give them warning and declare we will let -them see we can be as severe to punish such offenders, when so justly -provoked, as we are indulgent to truly tender consciences. - - -PROTEST OF THE COMMONS AGAINST THE INDULGENCE. - -We your Majesty's most loyal and faithful subjects, the Commons -assembled in Parliament do, in the first place, as in all duty bound, -return your Majesty our most humble and hearty thanks for the many -gracious promises and assurances which Your Majesty hath several times, -during this present Parliament, given to us, that Your Majesty would -secure and maintain unto us the true Reformed Protestant Religion, our -Liberties, and Properties: Which most gracious assurances Your Majesty -hath, out of your great Goodness, been pleased to renew unto us more -particularly at the opening of this present session of Parliament. - -And further we crave leave humbly to represent: That we have, with all -duty and expedition, taken into our consideration several parts of your -Your Majesty's last speech to us, and withal the Declaration therein -mentioned, for Indulgence to Dissenters, dated the Fifteenth of March -last, and we find ourselves bound in duty to inform Your Majesty that -penal statutes in matters ecclesiastical cannot be suspended but by Act -of Parliament. - -We therefore, the ... House of Commons do most humbly beseech your -Majesty that the said laws may have their free course until it shall be -otherwise provided for by Act of Parliament. - - -THE TEST ACT (1673). - -For preventing dangers which may happen from popish recusants and -quieting the minds of his Majesty's good subjects:--Be it enacted That -all and every person or persons, as well peers as commoners, that shall -bear any office or offices military or civil, or shall receive any pay, -salary, fee, or wages, by reason of any patent or grant from his -Majesty, or shall have command or place of trust from or under his -Majesty ... shall ... in public and open court ... take the several -Oaths of Supremacy and Allegiance ... and shall also receive the -Sacrament of the Lord's Supper according to the usage of the Church of -England at or before the first day of August in the year of our Lord one -thousand six hundred and seventy-three, in some parish church, upon some -... Sunday, immediately after divine service. - -And ... all persons ... that ... refuse to take the said oaths and -sacrament ... shall be _ipso facto_ adjudged ... disabled in law to ... -enjoy the said office or offices or any profit or advantage pertaining -to them; and every such office ... is hereby adjudged void. - -And ... all persons ... that ... refuse to take the said oaths or ... -sacrament ... and yet after such neglect or refusal shall execute any of -the said offices ..., every such person ... shall forfeit the sum of -five hundred pounds. - -And ... at the same time when the persons concerned in this act shall -take the aforesaid Oaths of Supremacy and Allegiance, they shall -likewise ... subscribe this declaration ... "I [name] do declare that I -do believe that there is not any transubstantiation in the sacrament of -the Lord's Supper, or in the elements of Bread and Wine, at or after the -consecration thereof by any person whatsoever." - - - - -COFFEE HOUSES (1673). - -+Source.+--Pamphlet: _The Character of a Coffee-House, with the Symptoms -of a Town Wit_. Printed in the _Harleian Miscellany_. Vol. vi., -pp. 465-468. - - -A Coffee-House is a lay-conventicle, good-fellowship turned puritan, -ill-husbandry in masquerade; whither people come after toping all day, -to purchase, at the expense of their last penny, the repute of sober -companions: a rota-room, that, like Noah's ark, receives animals of -every sort, from the precise diminutive band, to the hectoring cravat -and cuffs in folio; a nursery for training up the smaller fry of -virtuosi in confident tattling, or a cabal of kittling criticks that -have only learned to spit and mew; a mint of intelligence, that, to make -each man his pennyworth, draws out into petty parcels, what the merchant -receives in bullion. He, that comes often, saves two-pence a week in -Gazettes, and has his news and his coffee for the same charge, as at a -three-penny ordinary they give in broth to your chop of mutton; it is an -exchange where haberdashers of political small-wares meet, and mutually -abuse each other, and the publick, with bottomless stories, and headless -notions; the rendezvous of idle pamphlets, and persons more idly -employed to read them; a high court of justice, where every little -fellow in a camlet[2] cloke takes upon him to transpose affairs both in -church and state, to shew reasons against acts of parliament, and -condemn the decrees of general councils. - -The room stinks of tobacco worse than hell of brimstone, and is as full -of smoke as their heads that frequent it, whose humours are as various -as those of Bedlam, and their discourse often times as heathenish and -dull as their liquor; that liquor which, by its looks and taste, you may -reasonably guess to be Pluto's diet-drink, that witches tipple out of -dead-men's skulls, when they ratify to Belzebub their sacramental vows. - -This Stygian puddle-seller was formerly notorious for his ill-favoured -cap, that aped a turbant; and, in conjunction with his antichristian -face, made him appear perfect Turk. But of late his wife being grown -acquainted with gallants, and the provocative virtue of chocolate, he -finds a broad-brimmed hat more necessary. When he comes to fill you a -dish, you may take him for Guy Faux with a dark lanthorn in his hand, -for no sooner can you taste it, but it scalds your throat, as if you had -swallowed the gunpowder-treason. Though he seem never so demure, you -cannot properly call him pharisee, for he never washes either out or -inside of his pots or dishes, till they be as black as an usurer's -conscience; and then only scraping off the contracted soot, makes use of -it, in the way of his trade, instead of coffee-powder: their taste and -virtue being so near of kin, he dares defy the veriest coffee-critic to -distinguish them. Though he be no great traveller, yet he is in -continual motion, but it is only from the fire-side to the table; and -his tongue goes infinitely faster than his feet, his grand study being -readily to echo an answer to that threadbare question, "What news have -you, Master?" Then with a grave whisper, yet such as all the room may -hear it, he discovers some mysterious intrigue of state, told him last -night by one that is barber to the taylor of a mighty great courtier's -man: relating this with no less formality than a young preacher delivers -his first sermon, a sudden hick-up surprises him, and he is forced -twenty times to break the thread of his tale with such necessary -parentheses, "Wife, sweep up those loose corns of tobacco, and see the -liquor boil not over." He holds it as part of his creed, that the great -Turk is a very good christian, and of the reformed church, because he -drinks coffee; and swears that Pointings, for celebrating its virtues in -doggerel, deserves to be poet-laureat: yet is it not only this hot -hell-broth that he sells, for never was mountebank furnished with more -variety of poisonous drugs, than he of liquors; tea and aromatick for -the sweet-toothed gentleman, betony[3] and rosade[4] for the -addle-headed customer, back-recruiting chocolate for the consumptive -gallant, Herefordshire redstreak made of rotten apples at the Three -Cranes, true Brunswick mum brewed at St. Catharine's, and ale in penny -mugs, not so big as a taylor's thimble. - -As you have a hodge-podge of drinks, such too is your company; for each -man seems a leveller, and ranks and files himself as he lists, without -regard to degrees or order; so that often you may see a silly fop and a -worshipful justice, a griping rook and a grave citizen, a worthy lawyer -and an errant pickpocket, a reverend nonconformist and a canting -mountebank, all blended together to compose an oglio[5] of impertinence. - -If any pragmatic, to shew himself witty or eloquent, begin to talk high, -presently the further tables are abandoned; and all the rest flock -round, like smaller birds, to admire the gravity of the madge-howlet. -They listen to him awhile with their mouths, and let their pipes go out, -and coffee grow cold, for pure zeal of attention; but, on the sudden, -fall all a yelping at once with more noise, but not half so much -harmony, as a pack of beagles on the full cry. To still this bawling, up -starts Capt. All-man-sir, the man of mouth, with a face as blustering as -that of Æolus and his four sons, in painting; and in a voice louder than -the speaking trumpet, he begins you the story of a sea-fight: and -though he never were further, by water, than the Bear-garden, or -Cuckold's-haven, yet, having pirated the names of ships and captains, he -persuades you himself was present, and performed miracles; that he waded -knee-deep in blood on the upper deck, and never thought to serenade his -mistress so pleasant as the bullets whistling; how he stopped a -vice-admiral of the enemy's under full sail, till she was boarded, with -his single arm, instead of grappling-irons; and puffed out, with his -breath, a fire-ship that fell foul on them. All this he relates, sitting -in a cloud of smoke, and belching so many common oaths to vouch it, you -can scarcely guess whether the real engagement, or his romancing account -of it, be the more dreadful. However, he concludes with railing at the -conduct of some eminent officers (that, perhaps, he never saw,) and -protests, had they taken his advice at the council of war, not a sail -had escaped us. - - * * * * * - -Next, signior Poll takes up the cudgels, that speaks nothing but -designs, projects, intrigues, and experiments.... All the councils of -the German diet, the Romish conclave, and Turkish divan, are well known -to him. He kens all the cabals of the court to a hair's breadth, and -(more than a hundred of us do) which lady is not painted: you would take -his mouth for a lembeck,[6] it distils words so niggardly, as if he was -loth to enrich you with lies, of which he has yet more plenty than Fox, -Stowe, and Hollingshed bound up together. He tells you of a plot to let -the lions loose in the Tower, and then blow it up with white powder; of -five hundred and fifty Jesuits all mounted on dromedaries, seen by -moonshine on Hampstead-heath; and a terrible design hatched by the -College of Doway,[7] to drain the narrow seas, and bring popery over dry -shod: besides, he had a thousand inventions dancing in his brain-pan; an -advice-boat on the stocks, that shall go to the East Indies and come -back again in a fortnight; a trick to march under water, and bore holes -through the Dutch ships' keels with augres, and sink them, as they ride -at anchor; and a most excellent pursuit to catch sun-beams, for making -the ladies new-fashioned towers, that poets may no more be damned for -telling lies about their curls and tresses. - -[2] Camlet: a stuff originally made of silk and camel's hair, but later -made of wool and silk. - -[3] Betony: a plant noted for its medicinal properties. - -[4] Rosade: a drink concocted from roses. - -[5] Oglio: a spiced hotch-potch. - -[6] Lembeck: apparatus for distilling. - -[7] Douai. - - - - -A PARLIAMENTARY ELECTION, KING'S LYNN, NORFOLK, (1673). - -+Source.+--_The Lives of the Norths._ Vol. i., pp. 111-113. Bohn edition. - - -When it was made known that his lordship [_i.e._, Francis North, who -became Lord Keeper of the Great Seal] intended to stand for burgess, the -magistrates intimated that they would serve him with their interest; and -other encouragements he had: and before the writ came down he made the -town a visit, and regaled the body with a very handsome treat which cost -him above one hundred pounds; and they complimented him highly with -assurances of all their interests, which they doubted not would be -successful against any opposition, but they believed there would be -none. He was made free, and had the thanks of the body for his -favourable assistance in procuring them convoys, etc. So far was well: -and when the writ was sent to the Sheriff of Norfolk, his lordship's -engagements were such that he could not go down to the election himself -but sent a young gentleman, his brother, to ride for him (as they call -it), and Mr. Matthew Johnson, since clerk of the Parliament, for an -economist of which there was need enough. The rule they observed was to -take but one house and there to allow scope for all taps to run. Nor was -there need of more, for, as had been foretold, there was no opposition, -which was a disgust to the common people for they wanted a competition -to make the money fly; and they said Hobson's choice was no choice. But -all passed well, and the plenipos returned with their purchase, the -return of the election, back to London. - -The Parliament met and at the very first the new members were attacked; -for one stood up and recommended it to their modesty to withdraw while -the state of their election was under debate; as they did and were soon -dismembered by the vote of the house; as is more fully related in the -Examen.[8] But thereupon the speaker's warrants went to the great seal -and new writs issued. This caused his lordship to dispatch his plenipos -once more on the like errand to his majesty's ancient borough of Lynn -Regis. At first all things seemed fair; but the night before the -election there was notice given that Sir Simon Taylor, a wealthy -merchant of wine in that town, stood and had produced a butt of sherry, -which butt of sherry was a potent adversary. All that night and next -morning were spent in making dispositions for conduct of the interest -and such matters as belong to a contested election. But the greatest -difficulty was to put off the numerous suitors for houses to draw drink, -of which every one made friends to insinuate in their favour as if the -whole interest of the town depended upon it. But these gentlemen -plenipos determined to take no other house but where they were, to let -the quill as well as the tap run freely, which made an account of above -three hundred pounds. After the election and poll closed, all the chiefs -on both sides met to view the poll-books; and Sir Simon Taylor, being on -his own knowledge of the people's names satisfied that the election was -against him, called for the indenture and signed it with the rest. This -was an act of generous integrity scarce ever heard of before or since, -and is what I have on all occasions mentioned for his just honour, and -it would be strange if I should leave it out here. And it is material -also, for, when his lordship came into the house, being a very good -advocate and generally well thought of, the party there styled of the -country thought his sitting in the house might be an accession to the -court interest of too much consequence to be let pass if it might be -hindered; and accordingly they expected a petition (as almost of course) -to come in against him, and an opportunity thereupon to try the -experiment of heaving him out of the house: for at that time who would -not prove a petition against a declared courtier? His lordship was -generally acquainted and passed well with the gentlemen of all sides. -But, in the house, none of the country party came near him or cared that -he should speak with them. So it passed till the fourteenth day; and -there was but fifteen days of liberty to petition. Then one of them -ventured to welcome him into the house but asked if his election was not -like to be questioned. "No," said he, "it cannot be for my adversary -signed the return for me." Within an hour or two after, at least twenty -more of the same interest came and saluted him as very well pleased with -his company; as much as to say, "Since thou art chose, who would not -have it so?" - -[8] North's Examen: a reply to Kennett's History. - - - - -A BOGUS "KING'S SPEECH"[9] (1675). - -+Source.+--Airy's _Charles II._ P. 301. (Longmans Green & Co.) - - -_April ye 13, 1675._ - -MY LORDS AND GENTLEMEN, - -I told you at our last meeting that the winter was the fittest time for -business, and in truth I thought it so till my Lord Treasurer assured me -that ye Spring is ye fittest time for salads and subsidies. I hope -therefore this April will not prove so unnatural as not to afford plenty -of both; some of you may perhaps think it dangerous to make me too rich, -but do not fear it, I promise you faithfully (whatever you give) I will -take care to want; and yet in that you may rely on me, I will never -break it although in other things my word may be thought a slender -authority. My Lords and Gentlemen, I can bear my own straights with -patience, but My Lord Treasurer doth protest that the revenue as it now -stands is too little for us both; one of us must pinch for it, if you do -not help us out. I must speak freely to you, I am under incumbrances.... -I have a pretty good estate, I must confess, but, Odd's fish, I have a -charge on't. Here is my Lord Treasurer can tell you that all the moneys -designed for the Summer's Guards must of necessity be applied for the -next year's cradles and swaddling clothes; what then shall we do for -ships? I only hint that to you, that's your business, not mine. I know -by experience I can live without them. I lived twenty years abroad -without ships and was never in better health in my life, but how well -you can live without them you had best try. I leave it to yourselves to -judge, and therefore only mention it; I do not intend to insist upon -that. - -There is another thing which I must press more earnestly, which is this; -it seems a good part of my revenue will fail in two or three years -except you will please to continue it: now I have this to say for it, -why did you give me so much except you resolved to give on as fast as I -call for it? The nation hates you already for giving so much, I will -hate you now if you do not give me more. So that your interest obliges -you to stick to me or you will not have a friend left in England. On the -other hand, if you continue the revenue as desired, I shall be able to -perform those great things for your religion and liberty which I have -long had in my thoughts but cannot effect it without this establishment: -wherefore look to it, if you do not make me rich enough to undo you, it -shall be at your doors; for my part I can with a clear conscience say I -have done my best and shall leave the rest to my successors. But if I -may gain your good opinion, the best way is to acquaint you what I have -done to deserve it out of my royal care for your religion and property. -For the first my late proclamation is the true picture of my mind. He -that cannot (as in a glass) see my zeal for the Church of England doth -not deserve any other satisfaction, for I declare him wilful, abominable -and not good. You may perhaps cry, how comes this sudden change? To that -I reply in a word, I am a changeling; that I think a full answer, but to -convince men yet further that I mean as I say, there are these -arguments--1st I tell you so and you know I never break my word. 2nd My -Lord Treasurer says so and he never told lies in his life. 3rd My Lord -Lauderdale will undertake for me, and I should be loth by any act of -mine to forfeit the credit he has with you. If you desire more instances -of my zeal, I have them for you; for example, I have converted all my -natural sons from popery, (and I may say without vanity) it was more my -work and much more peculiar to me than the getting of them. It would do -your hearts good to hear how prettily little George can read already the -Psalter; they are all fine children, God bless 'em, and so like me in -their understandings. But (as I was saying) I have, to please you, given -a pension to your favourite my Lord Lauderdale; not so much that I -thought he wanted it, as I knew you would take it kindly. I have made -Carwell a Duchess and married her sister to my Lord Pembroke. I have -made Crewe Bishop of Durham. I have at my brother's request sent my Lord -Inchiquin to settle the protestant religion at Tangier; and at the first -word of my Lady Portsmouth I preferred Prideaux to be Bishop of -Chichester. I do not know what factions men would have; but this I am -sure of, that none of my predecessors did ever anything like this to -gain the goodwill of their subjects. So much for religion. - -I must now acquaint you that by my Lord Treasurer's advice I have made a -considerable retrenchment on my expenses in candles and charcoal, and do -not intend to stick there, but, with your help, to look into the like -embezelments of my dripping pans and kitching stuff, of which (by ye -way) on my conscience neither my Lord Treasurer nor my Lord Lauderdale -are guilty; but if you should find them dabbling in that business I tell -you plainly I leave them to you, for I would not have the world think I -am a man to be cheated. - - * * * * * - - MY LORDS AND GENTLEMEN, - - I would have you believe of me as you always found me; and I do - solemnly profess that, whatever you give me, it shall be managed with - the same thrift, conduct, and prudence and sincerity, that I have ever - practised since my happy restoration. - -[9] Reprinted by kind permission of the publishers. - - - - -HABEAS CORPUS ACT (1679). - -+Source.+--_Statutes of the Realm._ Vol. v., pp. 935-938. - - -I. Whereas great delays have been used by sheriffs, gaolers, and other -officers, to whose custody any of the King's subjects have been -committed for criminal or supposed criminal matters, in making returns -of writs of _Habeas Corpus_ to them directed, by standing out an _Alias_ -and _Pluries Habeas Corpus_, and sometimes more, and by other shifts to -avoid their yielding obedience to such writs, contrary to their duty and -the known laws of the land, whereby many of the King's subjects have -been, and hereafter may be long detained in prison, in such cases where -by law they are bailable, to their great charges and vexation:-- - -II. For the prevention whereof, and for the more speedy relief of all -persons imprisoned for any such criminal or supposed criminal matters, -Be it enacted by the King's most excellent Majesty, by and with the -advice and consent of the lords spiritual and temporal, and commons in -this present Parliament assembled, and by the authority thereof, that -whensoever any person or persons shall bring any _Habeas Corpus_ -directed unto any sheriff or sheriffs, gaoler, minister, or other person -whatsoever, for any person in his or their custody, and the said writ -shall be served upon the said officer, or left at the gaol or prison, -with any of the officers, ... then the said officers ... shall within -three days after the service thereof as aforesaid (unless the commitment -aforesaid were for treason or felony, plainly or specially expressed in -the warrant of commitment) upon payment or tender of the charges of -bringing the said prisoner, to be ascertained by the judge or court that -awarded the same, and indorsed upon the said writ, not exceeding -twelvepence per mile, and upon security given by his own bond to pay the -charges of carrying back the prisoner, if he shall be remanded by the -court or judge to which he shall be brought according to the true intent -of his present act, and that he will not make any escape by the way, -make return of such writ; and bring or cause to be brought, the body of -the person so committed or restrained, unto or before the Lord -Chancellor, or Lord Keeper of the Great Seal of England for the time -being, or the judges or barons of the said court from whence the said -writ shall issue, or unto or before such other person or persons before -whom the said writ is made returnable according to the command thereof; -and shall then likewise certify the true causes of his detainer or -imprisonment, unless the commitment of the said party be in any place -beyond the distance of twenty miles from the place or places where such -court or person is, or shall be, residing: and if beyond the distance of -twenty miles, and not above one hundred miles, then within the space of -ten days; and if beyond the distance of one hundred miles, then within -the space of twenty days, after such delivery and not longer. - -III. And to the intent that no sheriff, gaoler, or other officer, may -pretend ignorance of the import of any such writ, Be it enacted ... that -all such writs shall be marked in this manner, _per statutum tricesimo -primo Caroli secundi regis_, and shall be signed by the person that -awards the same; and if any person or persons shall be or stand -committed or detained as aforesaid, for any crime (except for felony or -treason plainly expressed in the warrant of commitment), in the vacation -time, and out of term, it shall ... be lawful ... for the person or -persons so committed ... or any one on his or their behalf to appeal or -complain to the Lord Chancellor, or Lord Keeper, or any one of his -Majesty's justices, either of the one bench or of the other, or the -barons of the Exchequer of the degree of the coif and the said Lord -Chancellor, Lord Keeper, justices, or barons, or any of them ... are -hereby ... required, upon request made in writing by such person or -persons, or any or his, her or their behalf, attested and subscribed by -two witnesses who were present at the delivery of the same, to ... grant -a _Habeas Corpus_ ... to be directed to the officer ... in whose custody -the party ... detained shall be; returnable immediate before the said -Lord Chancellor, Lord Keeper [&c.]. - -And upon service thereof ..., the officer ... in whose custody the party -is so ... detained, shall, within the times respectively before limited, -bring such prisoner or prisoners before the said Lord Chancellor, or -Lord Keeper, or such justices and barons, or one of them ... with ... -the true cause of the commitment or detainer. And thereupon, within two -days after the party shall be brought before them, the said Lord -Chancellor, Lord Keeper [&c.] ... shall discharge the said prisoner from -his imprisonment, taking his or their recognizance, with one or more -surety or sureties, in any sum according to their discretions, having -regard to the quality of the prisoner and nature of the offence, for his -or their appearance in the Court of King's Bench the term following, or -at the next assizes, sessions, or general gaol-delivery of and for such -county, city, or place where the commitment was, or where the offence -was committed ... unless it shall appear to the said Lord Chancellor, or -Lord Keeper [&c.] ... that the party is detained upon a legal process, -order, or warrant, out of some court that hath jurisdiction of criminal -matters, or by some warrant signed and sealed with the hand and seal of -any of the said justices or barons, or some justices or justices of the -peace, for such matters or offences for the which by the law the -prisoner is not bailable. - -V. And ... if any officer ... shall neglect or refuse ... to bring the -body ... of the prisoner according to the command of the said writ, -within the respective times aforesaid, or upon demand made by the -prisoner or person in his behalf, shall refuse to deliver ... a true -copy of the warrant ... of commitment ... of such prisoner, ... such -person ... shall for the first offence forfeit to the prisoner ... the -sum of one hundred pounds, and for the second offence the sum of two -hundred pounds, and shall ... be made incapable to hold or execute his -said office. - -VI. And ... no person or persons which shall be delivered or set at -large upon any _Habeas Corpus_ shall at any time hereafter be again -imprisoned or committed for the same offence ... other than by the legal -order and process of such court wherein he or they shall be bound by -recognizance to appear, or other court having jurisdiction of the cause. -And if any other person or persons shall knowingly, contrary to this -Act, recommit or imprison, for the same offence ... any person or -persons delivered or set at large as aforesaid, ... then he or they -shall forfeit to the prisoner ... the sum of five hundred pounds. - -VII. Provided always ... That if any person or persons shall be -committed for high treason or felony, plainly and specially expressed in -the warrant of commitment, upon his ... petition in open court the first -week of term, or the first day of the sessions of _Oyer and -Terminer_,[10] or general gaol-delivery, to be brought to his trial, -shall not be indicted some time in the next term, sessions of _Oyer and -Terminer_, or general gaol-delivery, after such commitment; it shall be -lawful to and for the judges of the Court of King's Bench, and justices -of _Oyer and Terminer_, or general gaol-delivery ... to set at liberty -the prisoner upon bail, unless it appear to the judges and justices ... -that the witnesses for the King could not be produced.... And if such -person ... shall not be indicted and tried the second term, sessions of -_Oyer and Terminer_, or general gaol-delivery, after his commitment, or -upon his trial shall be acquitted, he shall be discharged from his -imprisonment. - -VIII. Provided always That nothing in this act shall extend to discharge -out of prison any person charged in debt, or other action, or with -process in any civil cause, but that after he shall be discharged of his -imprisonment for such his criminal offence, he shall be kept in custody -according to the law, for such other suit. - -X. Provided always ... That it shall and may be lawful to and for any -prisoner or prisoners as aforesaid to move and obtain his or their -_Habeas Corpus_ as well out of the high court of chancery or court of -exchequer, as out of the courts of king's bench or common pleas, or -either of them; and if the said Lord Chancellor, or Lord Keeper, or any -judge ... of any of the courts aforesaid, in the vacation time, upon -view of the copy or copies of the warrant or warrants of commitment or -detainer, or upon oath made that such copy or copies were denied as -aforesaid, shall deny any writ of _Habeas Corpus_ by this act required -to be granted, being moved for as aforesaid, they shall severally -forfeit to the prisoner or party grieved the sum of five hundred pounds. - -XI. And be it ... enacted ... That an _Habeas Corpus_ ... may be -directed and run into any county palatine, the cinque ports, or other -privileged places within the kingdom of England, dominion of Wales, or -town of Berwick-upon-Tweed, and the islands of Jersey or Guernsey, any -law or usage to the contrary notwithstanding. - -XII. And for preventing illegal imprisonments ... beyond the seas, be it -... enacted ... That no subject of this realm that now is, or hereafter -shall be an inhabitant or resident of this kingdom ... shall or may be -sent prisoner into Scotland, Ireland, Jersey, Guernsey, Tangier, or into -parts, garrisons, islands, or places beyond the sea; and That every such -imprisonment is hereby ... adjudged to be illegal. - -[10] A judicial commission to hear and determine cases of treason, -felony, and misdemeanours. - - - - -THE POPISH TERROR (1678-1681). - -+Source.+--Burnet's _History of His Own Times_. Pp. 156-164. Abridged -edition, 1841. - - -On Michaelmas-eve Oates was brought before the Council, and entertained -them with a long relation of many discourses he had heard among the -Jesuits, and of their design to kill the King. He named persons, places, -and times, almost without number. He said many Jesuits had disguised -themselves, and were gone into Scotland, and held field conventicles -there to distract the Government; that he was sent to St. Omer's, thence -to Paris, and from thence to Spain; that there was a great meeting at -St. Clement's; and that the result of their consultation was a -resolution to kill the King by shooting, stabbing or poisoning him, and -that Coleman was privy to the whole design. This was the substance of -what he declared the first day; whereupon many Jesuits were seized that -night and next day, and their papers sealed up. - -There were many things in this declaration that made it look like an -imposture. Oates did not know Coleman at first, but when he heard him -speak in his own defence, he named him; he named Wakeman, the Queen's -physician, though he did not know him at all; Langhorne who was the -great manager for the Jesuits, he did not name; and when the King asked -him what sort of man Don John (with whom he pretended to be intimate) -was, he answered he was a tall, lean man, when the King knew him to be -the very reverse. These were strong indications of a forgery. But what -took away that suspicion was the contents of Coleman's letters, since by -them it appeared that so many years ago the design of converting the -nation and rooting out the northern heresy, as they called it, was so -near its execution, since in them the Duke's great zeal was often -mentioned with honour and many indecent reflections made on the King for -his inconstancy and disposition to be brought to anything for money: and -since by them their dependence was expressed to lie in the French King's -assistance, and his expeditious conclusion of a general peace, as the -only means that could finish their design. - -A few days after this, a very extraordinary thing happened, that -contributed more and more to confirm the belief of this evidence. Sir -Edmund Berry Godfrey was an eminent justice of peace who lived near -Whitehall. He had stayed in London and had kept things in order in the -time of the plague, which gained him great reputation and for which he -was afterwards knighted. A zealous Protestant he was, and a true lover -of the Church of England, but had kind thoughts of the nonconformists, -was not forward to execute the laws against them, and to avoid doing -that, was not apt to search for priests or mass-houses, so that few men -of the like zeal lived on better terms with the Papists than he. Oates -went to him the day before he appeared at the Council-board, and -declared upon oath the narrative he intended to make, which Godfrey -afterwards published a little imprudently, and was thereupon severely -chid for seeming to distrust the Privy Council, and presuming to -intermeddle in so tender a matter. - -On Saturday, October 12th, he went abroad in the morning, was seen about -one o'clock near St. Clement's Church, but was seen no more till his -body was found, on the Thursday night following, in a ditch about a mile -out of town near St. Pancras Church. His sword was thrust through him, -but no blood was on his clothes or about him; his shoes were clean, his -money was in his pocket; a mark was all round his neck, which showed he -was strangled; his breast was bruised; his neck was broken, and there -were many drops of white wax-lights on his breeches, which being only -used by priests and persons of quality, made people imagine in whose -hands he had been. - -Oates's evidence was, by means of this murder, so far believed that it -was not safe to seem to doubt of it; and when the Parliament met, he was -called before the bar of the House of Commons, where he made a fresh -discovery. He said that the Pope had declared England to be his kingdom, -and accordingly had sent over commissions to make Lord Arundel of -Wardour, Chancellor; Lord Powys, Treasurer; Sir William Godolphin, then -in Spain, Privy Seal; Coleman, Secretary of State; Belasyse, General of -the Army; Petre, Lieutenant-General; Ratcliffe, Major-General; Stafford, -Paymaster-General; and Langhorne, Advocate-General; besides many other -commissions for subaltern officers. And he now swore, upon his own -knowledge, that both Coleman and Wakeman were in the plot; that Coleman -had given eighty guineas to four ruffians to murder the King at Windsor; -and that Wakeman had undertaken to poison him for £15,000; and he -excused his not knowing them before by the fatigue and want of rest he -had been under for two nights before, which made him not master of -himself. - -There were great inconsistencies in all this. That one man should not -know another that was a principal in a plot wherein he himself was -concerned; that one man should have £15,000 for a safe way of -dispatching, and four but twenty guineas apiece for doing it openly; -that he should love the King so well as he then pretended, and yet -suffer these ruffians to go down to kill him, without giving notice of -the danger--these and some other incongruities in the pretended -commissions (for Belasyse was perpetually gouty, Petre was no military -man, and Ratcliffe lived chiefly in the north), were characters -sufficient of a fictitious discovery, had not some other incidents -concurred to give it a further confirmation. - -Bedloe, a man of a very vicious life, delivered himself to the -magistrates of Bristol, pretending he knew the secret of Godfrey's -murder, and accordingly was brought to London and examined by the -Secretary. He said he had seen Godfrey's body at Somerset House, and was -offered by Lord Belasyse's servant £4,000 to assist in carrying it away, -whereupon he had gone out of town as far as Bristol, but was so pursued -with horror that he could not forbear discovering it, but at the same -time denied that he knew anything of the plot, till, on the next day, -when he was brought to the bar of the House of Lords, he made a full -discovery of it, confirming the chief points of Oates's evidence. - -While things were in this ferment at London, Carstairs came from -Scotland to complain of Duke Lauderdale. He had brought up such -witnesses as he always had by him to prove the thing,[11] and as he was -looking about for a lucky piece of villainy, he chanced to go into an -eating-house in Covent Garden, where one Staley, a Popish banker, was in -the next room, and pretended that he heard him say in French that the -King was a rogue, and persecuted the people of God, and that he himself -would stab him if nobody else would. With these words he and one of his -witnesses went to him next day, and threatened to swear them against him -unless he would give them a sum of money. The poor man foresaw his -danger, but he chose rather to leave himself to their malice than become -their prey; so he was apprehended, and in five days brought to his -trial. The witnesses gave full evidence against him to the purpose above -mentioned, nor could he offer anything to invalidate their credit. All -that he urged was, the improbability of his saying such dangerous words -in a quarter of the town where almost everybody understood French; so he -was cast, and prepared himself seriously for death, all along protesting -that he knew of no plot, nor had ever said the words sworn against him, -nor anything to that purpose. - -There was one accident now fell in that tended not a little to impair -Oates's credit. He had declared before the House of Lords that he had -then informed concerning all persons of any distinction that he knew to -be engaged in the plot, and yet after that he deposed that the Queen had -a great share in it, and was, in his hearing, consenting to the King's -death. But his pretence for not accusing her before was so lame and -frivolous that it would not satisfy people, though Bedloe, to support -his evidence, swore things of the like nature. - -When Coleman was brought to his trial, Oates and Bedloe swore flatly -against him what was mentioned before; and he, to invalidate their -evidence, insisted on Oates's not knowing him when they were confronted; -on his being in Warwickshire at the same time that Oates swore he was in -town; and on the improbability of his transacting such dangerous matters -with two such men as he had never seen before. His letters to Père la -Chaise were the heaviest part of the evidence, and to these he did not -deny but that he had intentions to bring in the Catholic religion, but -only by a toleration, not by rebellion or blood, and that the aid he had -requested from France for that purpose was meant only of the advance of -some money and the interposition of that Court. After a long trial he -was found guilty and sentence passed upon him to die as a traitor. He -suffered with much composedness and devotion, and died much better than -he lived, denying with his last breath every tittle of what the -witnesses had sworn against him, though many were sent from both Houses, -offering to interpose for his pardon if he would confess. - -The nation was now so much alarmed that all people were furnishing -themselves with arms, and a bill passed both Houses for raising the -militia, and for keeping it together for six weeks, but the King -rejected it, though he gave his consent to the disbanding the army; -wherein the Commons were so diffident of him that they ordered the money -to be brought, not into the Exchequer, but into the Chamber of London, -and appointed a committee of their own members for paying it off and -disbanding it. - -The courts of justice in the meanwhile were not idle, for in December, -Ireland the Jesuit, and Grove and Pickering, two servants in the Queen's -Chapel, were brought to their trial. Oates and Bedloe swore home against -Ireland that in August last he had given particular orders for killing -the King; but he, in his defence, by many witnesses endeavoured to prove -that on the 2nd of August he went into Staffordshire, and did not return -till the 12th of September. Yet, in opposition to that a woman swore -that she saw him in London about the middle of August; and so, because -he might have come up post in one day and gone down in another, this did -not satisfy. Against Grove and Pickering they swore that they undertook -to kill the King at Windsor; that Grove was to have £1,500 for doing it, -and Pickering thirty thousand masses, which at twelvepence a mass, -amounts to the same money; that they attempted it three several times, -but that once the flint was loose, at another time there was no powder -in the pan, and at a third the pistol was only charged with bullets. -This was strange stuff, but all was imputed to a Divine Providence. So -the evidences were credited, and the prisoners condemned and executed, -but they denied to the last every particular that was sworn against them. - -This began to shake the credit of the evidence, when a more composed and -credible person came in to support it. One Dugdale, who had been bailiff -to Lord Aston, and lived in a fair reputation in the country, when he -was put in prison for refusing to take the oaths of allegiance and -supremacy, denied absolutely that he knew anything of the plot, but made -afterwards great discoveries. He said that the Jesuits in London had -acquainted Evers, Lord Aston's Jesuit, with the design of killing the -King, and desired him to find out proper men to execute it; that Evers -and Gavan, another Jesuit, had pressed him to undertake it; that they -had promised to canonise him for it, and Lord Aston offered him £500 if -he would set about it. And one instance to confirm the truth of what he -asserted was his speaking in a public company (as several testified) of -Godfrey's death, the Tuesday after he was missing, which he swore he saw -in a letter written by Harcourt to Evers, which letter must have been -sent on the very night that Godfrey was killed. - -At the same time, a particular discovery was made of Godfrey's murder. -Prance, a goldsmith that wrought for the Queen's Chapel, was seized upon -suspicion; and as Bedloe was accidentally going by, knowing nothing of -the matter, was challenged by him to be one of those whom he saw about -Godfrey's body. Prance denied everything at first, but made afterwards -this confession; that Gerald and Kelly, two priests, engaged him and -three others in this wicked deed--Green, who belonged to the Queen's -Chapel; Hill, who had served Godden, one of their famous writers; and -Berry, the Porter of Somerset House; that they had several meetings -wherein the priests persuaded them that it was a meritorious action to -dispatch Godfrey, in order to deter others from being so busy against -them; that the morning before they killed him Hill went to his house to -see if he was yet gone out, and spoke to his maid; that they waited his -coming out, and dogged him all day, till he came to a place near St. -Clement's, where he stayed till night; that as Godfrey passed by -Somerset House water-gate two of them pretending to quarrel, another ran -out to call a justice, and with much importunity prevailed with him to -come and pacify them; that as he was coming along Green got behind him -and threw a twisted cravat about his neck, and so pulled him down and -strangled him; and that Gerald would have run his sword through him, but -was hindered by the rest lest the blood might discover them; that when -the murder was done, they carried the body into Godden's room (for he -was in France) and Hill had the key of it; that two days after they -removed it into a room across the upper court, but that being thought -not so convenient, they carried it back to Godden's lodging; that on -Wednesday night they carried it out in a sedan, and when they had got -clear of the town Green carried it on horseback to the place where it -was found. - -This was a consistent story, which was supported in some circumstances -by collateral proofs; and yet when he came before the King and Council -he denied all he had sworn, and said it was a mere fiction; but when he -was carried back to prison, he said all was true again, and that the -horror and confusion he was in made him deny it. Thus he continued -saying and unsaying for several times; but at last he persisted in his -first attestation, and by this and what Bedloe brought in evidence -against them, Green, Hill, and Berry were found guilty and condemned. -Green and Hill died, as they had lived, Papists, and with solemn -protestations denied the whole thing; but Berry declared himself a -Protestant, though he had personated a Papist for bread, for which -dissimulation he thought this judgment had befallen him. But he denied -what was charged against him, and to the last minute declared himself -altogether innocent; and his dying a Protestant and yet denying all that -was sworn against him, was a triumph to the Papists, and gave them an -opportunity to say that it was not the doctrine of equivocation, nor the -power of absolution, but merely the force of conviction that made those -of their religion do the same. - -The Lord Chief Justice at this time was Sir William Scroggs, a man more -valued for a good readiness in speaking well than either learning in his -profession or any moral virtue. His life had been indecently scandalous, -and his fortune very low; and it was a melancholy thing to see so bad, -so ignorant and so poor a man raised up to that high post. Yet now, -seeing how the stream ran, he went into it with so much zeal and -heartiness that he became the people's favourite and strove in all -trials even with an indecent earnestness to get the prisoners convicted. - -But their resolute manner of dying and protestations of innocence to the -last began to make impression on people's minds, and impair the credit -both of the judge and witnesses, till one Jennison, the younger brother -of a Jesuit, and a gentleman of family and estate, but now turned -Protestant, came in, as it were, to their relief; for in contradiction -to what Ireland died affirming, _i.e._ that he was in Staffordshire at -the time that Oates swore he was in London, he wrote a letter to a -friend attesting that he was in company with Ireland on the 19th of -August, and had much familiar talk with him, so that his dying -affirmations were false. The letter was printed, and this use was made -of it to vacate the truth of those denials wherewith so many ended their -lives. But what afterwards destroyed the credit of the letter was the -solemn protestation that the author made, as he desired forgiveness of -his sins and hoped for the salvation of his soul, that he knew nothing -of the plot; and yet the summer after he published a long narrative, -wherein he said that himself was invited to assist in the murder of the -King, and named the four ruffians who went to Windsor to do it. - -While the witnesses were thus weakening their own credit, some practices -were discovered that did very much support it. Reading, a lawyer of some -subtlety, but no virtue, who was employed by the lords in the Tower to -solicit their affairs, had offered Bedloe some money of his own accord -(as it afterwards appeared) to mollify his evidence against the lords, -and had drawn up a paper to show him by how small a variation in his -depositions he might bring them off. But Bedloe was too cunning for him. -He had acquainted Prince Rupert and the Earl of Essex with the whole -negotiation, and placed two witnesses in his room, when he drew Reading -into a renewal of the proposal so commodiously that the attempt of -corruption was plainly proved upon him, and he was set in the pillory -for it. Some that belonged to the Earl of Danby conversed much with -Oates's servants, who told him that their master was daily speaking -odious things against the King; and one of them affirmed that he had -once made an abominable attempt upon him. But when Oates smelt this out, -he soon turned the tables upon them; for he prevailed with his servants -to deny all, and had the others set in the pillory as defamers of the -King's evidence. And to bring things of the same sort all together, one -Tashborough, who belonged to the Duke's Court, proposed to Dugdale, in -the Duke's name, but without his authority, that he should sign a -retraction of what he had sworn, and go beyond seas, and have a -considerable reward for so doing. But the other outwitted him likewise, -and proving such practices upon him, had him both fined and set in the -pillory. - -[11] _I.e._, his case against Lauderdale. - - - - -STAFFORD'S TRIAL (1680). - -+Source.+--Evelyn's _Diary_. Vol. ii., pp. 158-163. Bohn edition. - - -_November 30._ The signal day begun the trial (at which I was present) -of my Lord Vicount Stafford, for conspiring the death of the King; -second son to my Lord Thomas Howard Earl of Arundel and Surrey, Earl -Marshall of England, and grandfather to the present Duke of Norfolk, -whom I so well knew, and from which excellent person I received -so many favours. It was likewise his birthday. The trial was in -Westminster-Hall, before the King, Lords, and Commons; just in the same -manner as, forty years past, the great and wise Earl of Strafford (there -being but one letter differing their names) received his trial for -pretended ill government in Ireland, in the very same place, this Lord -Stafford's father being then High-Steward. The place of sitting was now -exalted some considerable height from the paved floor of the Hall, with -a stage of boards. The throne, woolpacks for the Judges, long forms for -the Peers, chair for the Lord Steward, exactly ranged, as in the House -of Lords. The sides on both hands scaffolded to the very roof for the -members of the House of Commons. At the upper end, and on the right side -of the King's state, was a box for his Majesty, and on the left, others -for the great ladies, and over head a gallery for ambassadors and public -ministers. At the lower end, or entrance, was a bar, and place for the -prisoner, the Lieutenant of the Tower of London, the axe-bearer and -guards, my Lord Stafford's two daughters, the Marchioness of Winchester -being one; there was likewise a box for my Lord to retire into. At the -right hand, in another box, somewhat higher, stood the witnesses; at the -left, the managers, in the name of the Commons of England, namely, -Serjeant Maynard (the great lawyer, the same who prosecuted the cause -against the Earl of Strafford forty years before, being now near eighty -years of age), Sir William Jones, late Attorney-General, Sir Francis -Winnington, a famous pleader, and Mr. Treby, now Recorder of London, not -appearing in their gowns as lawyers, but in their cloaks and swords, as -representing the Commons of England: to these were joined Mr. Hampden, -Dr. Sacheverell, Mr. Poule, Colonel Titus, Sir Thomas Lee, all gentlemen -of quality, and noted parliamentary men. The two first days, in which -were read the commission and impeachment, were but a tedious entrance -into matter of fact, at which I was but little present. But, on -Thursday, I was commodiously seated amongst the Commons, when the -witnesses were sworn and examined. The principal witnesses were Mr. -Oates (who called himself Dr.), Mr. Dugdale, and Turberville. Oates -swore that he delivered a commission to Viscount Stafford from the Pope, -to be Paymaster-General to an army intended to be raised;--Dugdale -[swore] that being at Lord Aston's, the prisoner dealt with him plainly -to murder his Majesty; and Turberville, that at Paris he also proposed -the same to him. - -_3rd December._ The depositions of my Lord's witnesses were taken, to -invalidate the King's witnesses; they were very slight persons, but, -being fifteen or sixteen, they took up all that day, and in truth they -rather did my Lord injury than service. - -_4th._ Came other witnesses of the Commons to corroborate the King's, -some being Peers, some Commons, with others of good quality, who took -off all the former day's objections, and set the King's witnesses _recti -in Curiâ_. - -_6th._ Sir William Jones summoned up the evidence; to him succeeded all -the rest of the managers, and then Mr. Henry Poule made a vehement -oration. After this my Lord, as on all occasions, and often during the -trial, spoke in his own defence, denying the charge altogether, and that -he had never seen Oates, or Turberville, at the time and manner -affirmed; in truth, their testimony did little weigh with me; Dugdale's -only seemed to press hardest, to which my Lord spake a great while, but -confusedly, without any method. - -One thing my Lord said as to Oates, which I confess did exceedingly -affect me: That a person who during his depositions should so vauntingly -brag that though he went over to the church of Rome, yet he was never a -Papist, nor of their religion, all the time that he seemed to apostatise -from the Protestant, but only as a spy; though he confessed he took -their sacrament, worshipped images, went through all their oaths, and -discipline of their proselites, swearing secrecy and to be faithful, but -with intent to come over again and betray them;--that such an hypocrite, -that had so deeply prevaricated as even to turn idolator (for so we of -the Church of England termed it), attesting God so solemnly that he was -entirely theirs and devoted to their interest, and consequently (as he -pretended) trusted;--I say, that the witness of such a profligate wretch -should be admitted against the life of a peer,--this my Lord looked upon -as a monstrous thing, and such as must needs redound to the dishonour of -our religion and nation. And verily I am of his Lordship's opinion: such -a man's testimony should not be taken against the life of a dog. But the -merit of something material which he discovered against Coleman, put him -in such esteem with the Parliament, that now, I fancy he stuck at -nothing, and thought everybody was to take what he said for gospel. The -consideration of this, and some other circumstances, began to stagger -me; particularly how it was possible that one who went among the Papists -on such a design, and pretended to be intrusted with so many letters and -commissions from the Pope and the party, nay and delivered them to so -many great persons, should not reserve one of them to show, nor so much -as one copy of any commission, which he who had such dexterity in -opening letters might certainly have done, to the undeniable conviction -of those whom he accused; but, as I said, he gained credit on Coleman. -But, as to others whom he so madly flew upon, I am little inclined to -believe his testimony, he being so slight a person, so passionate, so -ill-bred, and of such impudent behaviour; nor is it likely that such -piercing politicians as the Jesuits should trust him with so high and so -dangerous secrets. - -_7th December._ On Tuesday I was again at the trial, when judgment was -demanded; and, after my Lord had spoken what he could in denying the -fact, the managers answering the objections, the Peers adjourned to -their House, and within two hours returned again. There was, in the -meantime, this question put to the judges, "whether there being but one -witness to any single crime, or act, it could amount to convict a man of -treason." They gave an unanimous opinion that in case of treason they -all were overt acts, for though no man should be condemned by one -witness for any one act, yet for several acts to the same intent it was -valid; which was my Lord's case. This being past, and the Peers in their -seats again, the Lord Chancellor Finch (this day the Lord High-Steward) -removing to the woolsack next his Majesty's state, after summoning the -lieutenant of the tower to bring forth his prisoner, and proclamation -made for silence, demanded of every peer (who were in all eighty-six) -whether William, Lord Viscount Stafford, were guilty of the treason laid -to his charge, or not guilty. - -Then the Peer spoken to, standing up, and laying his right hand upon his -breast, said Guilty, or Not Guilty, upon my honour, and then sat down, -the Lord Steward noting their suffrages as they answered upon a paper: -when all had done, the number of Not guilty being but 31, the Guilty 55: -and then, after proclamation for silence again, the Lord Steward -directing his speech to the prisoner, against whom the axe was turned -edgeways and not before, in aggravation of his crime, he being ennobled -by the King's father, and since received many favours from his present -Majesty: after enlarging on his offence, deploring first his own -unhappiness that he who had never condemned any man before should now be -necessitated to begin with him, he then pronounced sentence of death by -hanging, drawing, and quartering, according to form, with great -solemnity and dreadful gravity; and after a short pause, told the -prisoner that he believed the Lords would intercede for the omission of -some circumstances of his sentence, beheading only excepted; and then -breaking his white staff, the Court was dissolved. My Lord Stafford -during all this latter part spake but little, and only gave their -Lordships thanks after the sentence was pronounced; and indeed behaved -himself modestly, and as became him. - -It was observed that all his own relations of his name and family -condemned him, except his nephew, the Earl of Arundel, son to the Duke -of Norfolk. And it must be acknowledged that the whole trial was carried -on with exceeding gravity: so stately and august appearance I had never -seen before; for besides the innumerable spectators of gentlemen and -foreign ministers, who saw and heard all the proceedings, the prisoner -had the consciences of all the Commons of England for his accusers, and -all the Peers to be his Judges and Jury. He had likewise the assistance -of what counsel he would, to direct him in his plea, who stood by him. -And yet I can hardly think that a person of his age and experience -should engage men whom he never saw before (and one of them that came to -visit him as a stranger at Paris) _point blank_ to murder the King: God -only who searches hearts, can discover the truth. Lord Stafford was not -a man beloved, especially of his own family. - - * * * * * - -_22nd._ A solemn public Fast that God would prevent all Popish plots, -avert his judgments, and give a blessing to the proceedings of -parliament now assembled, and which struck at the succession of the Duke -of York. - -_29th._ The Viscount Stafford was beheaded on Tower-hill. - - - - -CHARACTER OF SHAFTESBURY (1681). - -+Source.+--Dryden's _Absalom and Achitophel_. - - - ... The false Achitophel[12] was ... - A name to all succeeding ages curst. - For close designs and crooked counsels fit, - Sagacious, bold, and turbulent of wit, - Restless, unfixed in principles and place, - In power unpleased, impatient of disgrace; - A fiery soul, which working out its way, - Fretted the pigmy body to decay, - And o'er-informed the tenement of clay. - A daring pilot in extremity, - Pleased with the danger, when the wave went high, - He sought the storms; but, for a calm unfit, - Would steer too nigh the sands to boast his wit. - Great wits are sure to madness near allied, - And thin partitions do their bounds divide. - Else, why should he, with wealth and honour blest, - Refuse his age the needful hours of rest? - Punish a body which he could not please, - Bankrupt of life, yet prodigal of ease? - And all to leave what with his toil he won - To that unfeathered two-legged thing, a son - Got while his soul did huddled notions try, - And born a shapeless lump, like anarchy. - In friendship false, implacable in hate - Resolved to ruin or to rule the State. - To compass this the triple bond he broke, - The pillars of the public safety shook, - And fitted Israel[13] for a foreign yoke. - Then, seized with fear, yet still affecting fame, - Usurped a patriot's all atoning name. - So easy still it proves in factious times - With public zeal to cancel private crimes. - How safe is treason and how sacred ill, - Where none can sin against the people's will; - Where none can wink and no offence be known, - Since in another's guilt they find their own! - Yet fame deserved no enemy can grudge: - The statesman we abhor, but praise the judge. - In Israel's courts ne'er sat an Abbethdin[14] - With more discerning eyes or hands more clean, - Unbribed, unsought, the wretched to redress, - Swift of despatch and easy of access. - Oh! had he been content to serve the Crown - With virtues only proper to the gown, - Or had the rankness of the soul been freed - From cockle that oppressed the noble seed, - David[15] for him his tuneful harp had strung - And Heaven had wanted one immortal song. - But, wild ambition loves to slide, not stand, - And Fortune's ice prefers to Virtue's land. - Achitophel, grown weary to possess - A lawful fame and lazy happiness, - Disdained the golden fruit to gather free - And lent the crowd his arm to shake the tree. - Now, manifest of crimes contrived long since, - He stood at bold defiance with his Prince, - Held up the buckler of the people's cause - Against the Crown, and skulked behind the laws. - The wished occasion of the Plot[16] he takes; - Some circumstances finds, but more he makes; - By buzzing emissaries fills the ears - Of listening crowds with jealousies and fear - Of arbitrary counsels brought to light, - And proves the King himself a Jebusite.[17] - Weak arguments! which yet he knew full well - Were strong with people easy to rebel. - For governed by the moon, the giddy Jews[18] - Tread the same track when she the prime renews. - And once in twenty years, their scribes record, - By natural instinct they change their lord. - Achitophel still wants a chief, and none - Was found so fit as warlike Absalom.[19] - Not that he wished his greatness to create, - For politicians neither love nor hate: - But, for he knew his title not allowed - Would keep him still depending on the crowd: - That kingly power, thus ebbing out, might be - Drawn to the dregs of a democracy. - Him he attempts with studied arts to please. - -[12] Shaftesbury. - -[13] England. - -[14] The President of the Jewish judicature. Shaftesbury had been made -Lord Chancellor in 1672. - -[15] Charles II. - -[16] The Popish Plot. - -[17] A Roman Catholic. - -[18] The English people. - -[19] Monmouth, whom Shaftesbury proposed as Charles II.'s successor -during the Exclusion controversy (1679-1681). - - - - - -JUDGE JEFFREYS--A CHARACTER SKETCH. - -+Source.+--North's _Lives of the Norths_. Vol. i., pp. 288-291. Bohn -edition. - - -"Noisy in nature. Turbulent at first setting out. Deserter in -difficulties. Full of tricks. Helped by similar friendships. Honesty, -law, policy, alike." - -This, to conclude, is the summary character of the Lord Chief Justice -Jeffreys and needs no interpreter. And since nothing historical is amiss -in a design like this, I will subjoin what I have personally noted of -that man; and some things of indubitable report concerning him. His -friendships and conversation lay among the good fellows and humorists; -and his delights were accordingly, drinking, laughing, singing, kissing, -and all the extravagances of the bottle. He had a set of banterers, for -the most part, near him; as in old time men kept fools to make them -merry. And these fellows abusing one another and their betters, were a -regale to him. And no friendship or dearness could be so great in -private which he would not use ill, and to an extravagant degree, in -publick. No one that had any expectations from him was safe from his -public contempt and derision which some of his minions at the bar -bitterly felt. Those above or that could hurt or benefit him, and none -else, might depend on fair quarter at his hands. When he was in temper -and matters indifferent came before him, he became his seat of justice -better than any other I ever saw in his place. He took a pleasure in -mortifying fraudulent attorneys and would deal forth his severities with -a sort of majesty. He had extraordinary natural abilities, but little -acquired beyond that practice in affairs had supplied. He talked -fluently and with spirit; and his weakness was that he could not -reprehend without scolding; and in such Billingsgate language as should -not come out of the mouth of any man. He called it "giving a lick with -the rough side of his tongue." It was ordinary to hear him say, "Go, you -are a filthy, lousy, nitty rascal;" with much more of like elegance. -Scarce a day passed that he did not chide some one or other of the bar -when he sat in the Chancery: and it was commonly a lecture of a quarter -of an hour long. And they used to say, "This is yours; my turn will be -to-morrow." He seemed to lay nothing of his business to heart nor care -what he did or left undone; and spent in the Chancery court what time he -thought fit to spare. Many times on days of causes at his house, the -company have waited five hours in a morning, and after eleven, he hath -come out inflamed and staring like one distracted. And that visage he -put on when he animadverted on such as he took offence at, which made -him a terror to real offenders; whom also he terrified, with his face -and voice, as if the thunder of the day of judgement broke over their -heads; and nothing ever made men tremble like his vocal inflictions. He -loved to insult and was bold without check; but that only when his place -was uppermost. To give an instance. A city attorney was petitioned -against for some abuse; and affidavit was made that when he was told of -my lord chancellor, "My lord chancellor," said he, "I made him;" meaning -his being a means to bring him early into city business. When this -affidavit was read, "Well," said the lord chancellor, "then I will lay -my maker by the heels." And with that conceit one of his best old -friends went to jail. One of these intemperances was fatal to him. There -was a scrivener of Wapping brought to hearing for relief against a -bummery bond[20]; the contingency of losing all being showed, the bill -was going to be dismissed. But one of the plaintiff's counsel said that -he was a strange fellow, and sometimes went to church, sometimes to -conventicles; and none could tell what to make of him; and "it was -thought he was a trimmer." At that the chancellor fired; and "A -trimmer!" said he; "I have heard much of that monster, but never saw -one. Come forth Mr. Trimmer, turn you round and let us see your shape:" -and at that rate talked so long that the poor fellow was ready to drop -under him; but at last, the bill was dismissed with costs, and he went -his way. In the hall, one of his friends asked him how he came off? -"Came off," said he, "I am escaped from the terrors of that man's face -which I would scarce undergo again to save my life; and I shall -certainly have the frightful impression of it as long as I live." -Afterwards when the Prince of Orange came, and all was in confusion, -this lord chancellor, being very obnoxious, disguised himself in order -to go beyond sea. He was in a seaman's garb and drinking a pot in a -cellar. This scrivener came into the cellar after some of his clients; -and his eye caught that face which made him start; and the chancellor, -seeing himself eyed, feigned a cough and turned to the wall with his pot -in his hand. But Mr. Trimmer went out and gave notice that he was there; -whereupon the mob flowed in and he was in extreme hazard of his life; -but the lord mayor saved him and lost himself. For the chancellor being -hurried with such crowd and noise before him, and so dismally not only -disguised but disordered; and there having been an amity betwixt them, -as also a veneration on the lord mayor's part, he had not spirits to -sustain the shock but fell down in a swoon; and, in not many hours -after, died. But this Lord Jeffries came to the seal without any concern -at the weight of duty incumbent upon him; for at the first being merry -over a bottle with some of his old friends, one of them told him that he -would find the business heavy. "No," said he, "I'll make it light." But, -to conclude with a strange inconsistency, he would drink and be merry, -kiss and slaver, with these bon companions over night, as the way of -such is, and the next day fall upon them ranting and scolding with a -virulence insufferable. - -[20] A mortgage on a ship. - - - - -THE TRIAL OF THE SEVEN BISHOPS (1688). - -+Source.+--Bishop Kennet's _Complete History_, vol. iii., pp. 484-486. -1706 edition. - - -On June 15, came on the Bishop's Tryal, the most Important, perhaps, -that was ever known before in Westminster-Hall; not only Seven Prelates -Contending for the Rights of the _Anglican_ Church, but Seven Peers of -the Realm Standing up for the Liberties of England. The Court of -King's-Bench being Sat, His Majesty's Attorney-General mov'd for a -_Habeas Corpus_, directed to Sir _Edward Hales_ Lieutenant of the -_Tower_, to bring up His Grace the Lord Arch-Bishop of _Canterbury_, and -the Six Bishops; which was granted, and the Prisoners were accordingly -brought up by Water. At their Landing, they were receiv'd by several -Divines, and Persons of Quality, and by a vast Concourse of People, who -with repeated acclamations uttered wishes for their Deliverance. On the -Bench sate Sir Robert Wright, Lord Chief-Justice, and Mr. Justice -Holloway, two of the King's Creatures; Mr. Justice _Powell_ a Protestant -of great Integrity, and Mr. Justice Allibone a profess'd Papist. The -Councel for the King, was Sir _Thomas Powis_ Attorney-General, Sir -William Williams Solicitor-General, Sir _Bartholomew Shower_ Recorder of -_London_, Serjeant _Trinder_ a Papist, etc. And for the Prisoners, Sir -_Robert Sawyer_, Mr. _Finch_, Mr. _Pollexfen_, Sir _George Treby_, -Serjeant _Pemberton_, Serjeant _Levinz_, and the last and greatest, Mr. -_Somers_. The Court was extremely fill'd, and with Persons of the -Highest Quality, as if they interpos'd in the last Tryal for the -Liberties of the Church and Nation; The Marquesses of _Hallifax_ and -_Worcester_, the Earls of _Shrewsbury_, _Kent_, _Bedford_, _Dorset_, -_Bullingbrooke_, _Manchester_, _Burlington_, _Carlisle_, _Danby_, -_Radnor_ and _Nottingham_; Viscount _Falconberg_, and the Lords Grey of -_Ruthyn_, _Paget_, _Shandois_, _Vaughan_, and _Carberry_. The Return and -Warrant being read, the Attorney-General mov'd, That the Information -might be read to the Prisoners, and that they might immediately Plead to -it. This Motion the Bishops' Councel opposed; Objecting, First, that the -Prisoners were Committed by the Lord Chancellor, and some other of the -Privy Council, without expressing the Warrant, That it was by Order of -the Privy-Council; and therefore, That the Commitment was Illegal, and -that the Prisoners were not Legally in Court. And, Secondly, That the -Fact for which they were Committed was such, as they ought not to have -been Imprison'd for; because a Peer ought not to be Committed, in the -first Instance, for a Misdemeanor. Judge _Powel_ refused to deliver his -Opinion, before he had consulted Books: But the Lord Chief-Justice, -Judge _Allibone_ and Judge _Holloway_ Agreed, That the Fact charg'd in -the Warrant, was such a Misdemeanor, as was a Breach of the Peace; and -therefore, That the Information ought to be read, and the Bishops must -Plead to it. After the reading of the Information, the Bishops' Councel -desir'd that they might have an Imparlance till the next Term, to -consider what they had to Plead. Sir Samuel _Astry_, Clerk of the Crown, -being ask'd what was the Course of the Court? Answer'd, that of late -Years, if a Man appear'd upon a Recognizance, or was a Person in -Custody, he ought to Plead at the first Instance; but that he had known -it to be at the Discretion of the Court to grant what Line they pleas'd. -After this Answer, the Lord Chief-Justice declar'd, That the Bishops -should now Plead to the Information. Thereupon the Lord Arch-Bishop of -_Canterbury_ offer'd a Plea in behalf of himself and his Brethren the -other Defendants, alledging, _That they were Peers of this Kingdom of_ -ENGLAND, _and Lords of Parliament, and ought not to be compell'd to -Answer instantly, for the Misdemeanour mentioned in the Information; but -that they ought to be requir'd to Appear by due Process of Law; and upon -their Appearance, to have a Copy of the said Information, and reasonable -Time given them to Imparle thereupon_. The King's Councel labour'd hard -to have the Plea rejected. After a long Debate, Judge _Powel_ said, He -was for receiving the Plea, and Considering of it; but the rest of the -Judges declar'd for Rejecting of it: So the Prisoners at last Pleaded, -_Not Guilty_. The King's Councel pray'd, the Clerk might join Issue on -behalf of the King; and desir'd the Defendants to take Notice, That they -intended to Try this Cause on that Day Fortnight; adding That they were -Bailable, if they pleas'd. Sir _Robert Sawyer_ desir'd, that their own -Recognizance might be taken; which was readily granted. - -On _June 29_ the Bishops Appear'd before the Court of _King's Bench_, -according to their Recognizance, the Appearance being still greater than -a Fortnight before; for there were now present the Marquesses of -_Halifax_, and _Worcester_, the Earls of _Shrewsbury_, _Kent_, -_Bedford_, _Pembroke_, _Dorset_, _Bullenbrooke_, _Manchester_, _Rivers_, -_Stamford_, _Carnarven_, _Chesterfield_, _Scarsdale_, _Clarendon_, -_Danby_, _Sussex_, _Radnor_, _Nottingham_ and _Abington_, Viscount -_Falconberg_, and the Lords _Newport_, _Grey_ of _Ruthyn_, _Paget_, -_Shandois_, _Vaughan_, _Carberry_, _Lumley_, _Carteret_ and _Ossulston_. -This splendid Appearance was chiefly owing to the indefatigable Care and -Solicitation of the Clergy, and especially of the Reverend Dr. -_Tennison_. And indeed, the making such a Figure in the Court, had -possibly some good Effect upon the Jury, if not upon the Bench: And it -was afterwards observ'd by way of Jesting upon Words _That the Bishops -were Deliver'd by the_ Nobilee _before, and the_ Mobilee _behind_. The -Information being Read, and Open'd to the Jury; the Attorney-General, to -take off the Odium of this Prosecution, and in some measure to pacify -the People, who could not forbear showing their Resentments, even in the -face of the Court, began with Observing, First, That the Bishops were -not Prosecuted as Bishops, much less for any Point or Matter of -Religion, but as Subjects of this Kingdom, and only for a Temporal -Crime, as having censur'd and Affronted the King to his very Face. -Secondly, That they were not Prosecuted for Omitting to do any thing; -but as they were Actors in Accusing, and, in effect, of Arraigning His -Majesty, and his Government &c. A great deal of Time was spent in -Proving, that the Petition produc'd in Court, was the Hand writing of -the Arch-Bishop of _Canterbury_; That it was Signed by him and the Six -Bishops; And that it was the same which was Presented to His Majesty. -After an Elaborate Proof of these Particulars, by the Depositions of Sir -_John Nicholas_ ... and by the Earl of _Sunderland_, who in Court -affirm'd, That he Introduced the Bishops, and was in the Room when they -deliver'd the said _Petition_ to His Majesty. The Fact being Prov'd, the -Bishop's Councel were very Learned and Eloquent in Defence of their -Clients: Mr. _Somers_ spoke last, and mention'd the great Case of -_Thomas_ and _Sorrel_ in the _Exchequer-Chamber_, upon the Validity of a -_Dispensation_; urging, That there it was the Opinion of every one of -the Judges, That there never could be an Abrogation, or a Suspension -(which is a Temporary Abrogation) of an Act of Parliament, but by the -Legislative Power: That indeed it was Disputed, how far the King might -Dispense with the Penalties in such a particular Law, as to particular -Persons; but it was Agreed by all, That the King had no Power to Suspend -any Law: That by the Law of all Civiliz'd Nations, If the Prince does -require something to be done, which the Person who is to do it takes to -be Unlawful; it is not only Lawful, but his Duty, _Rescribere Principi_; -which is all the Bishops had done here, and that in the most humble -manner: That as to Matters of Fact alleg'd in the said _Petition_, there -cou'd be no Design to Diminish the Prerogative, because the King had no -such Prerogative: That the _Petition_ cou'd not be Seditious, because it -was Presented to the King in Private, and Alone; Nor False, because the -Matter of it was True; Nor Malicious, for the Occasion was not sought, -the Thing was press'd upon them; Nor, in short, a Libel, because the -Intent was Innocent, and they kept within the Bounds set by the Act of -Parliament, that gives the Subject leave to apply to his Prince by -Petition, when he is aggriev'd. - -When the Councel on both sides had done, Chief-Justice _Wright_ summ'd -up the Evidence, and told the Jury, That Sometimes the _Dispensing -Power_ had been allow'd, as in Richard IId's time, and sometimes deny'd; -but that it was a Question out of the present Case; If they believ'd the -Petition to be the same that was Presented by the Bishops to the King, -then the Publication was sufficiently Prov'd: And whatever tended to -Disturb the Government, or make a Stir among the People, was certainly -within the Name of _Libellus Famosus_; and his opinion, in short, was, -That the Bishops _Petition_ was a _Libel_. - -Mr. Justice _Holloway_ declar'd, That the End and Intention of every -Action was to be Consider'd: That the Bishops were Charg'd with -Delivering a _Petition_ which, according to their Defence, was done with -all the Humility and Decency imaginable: That the Delivering of a -_Petition_ could be no fault, it being the right of every Subject to -_Petition_: Therefore, if the Jury were satisfy'd, They did it with no -Ill Intention, but only to shew the Reasons for their Disobedience to -the King's Command, he cou'd not think it to be a _Libel_. - -Mr. Justice _Powel_ more plainly declar'd, That He could discern no -Sedition or any other Crime fixed upon the Bishops, since there was -nothing offer'd by the King's Councel to render the _Petition_ False, -Seditious or Malicious. He admonish'd the Jury to Consider that the -Contents of the _Petition_ were, That the Bishops Apprehended the -_Declaration to be Illegal, as being founded upon a_ Dispensing Power -_claim'd by the King_; and that for his Part he did not remember in any -Case in all the Law, that there was any such Power in the King, and if -not, the _Petition_ could not be a Libel. He concluded with telling -them, That he could see no Difference between the King's Power to -_Dispense_ with the Laws Ecclesiastical, and his Power to Dispense with -any Laws whatsoever: That if this was once allow'd of, there would be no -need of Parliaments, and all the Legislature would be in the King, and -so he left the Issue to God and their Consciences. - -Mr. Justice _Allibone_ was prepossess'd against Protestant Bishops, and -to deliver his Opinion of their Guilt, he laid down Two odd Positions; -1. That no Man can take upon him to Write against the Actual Exercise of -the Government, unless he have Leave from the Government, but he makes a -Libel by what he Writes, whether True or False. 2. That no private Man -can take upon him to Write concerning the Government; and therefore if -he intrudes himself into the Affairs of the Publick, he is a Libeller -for so doing. These Positions he back'd by a Resolution of the Judges of -King James 1st's Time; _That to frame a_ Petition _to the King to put -the Penal Laws in Execution, was next Door to Treason_; which is a gross -Misquotation, instead of a Petition _against the Penal Laws_, and for -which, being taken up by Justice _Powel_ and Serjeant _Pemberton_, -little Heed was given to any thing he said afterwards. Whereupon the -Jury withdrew, sat up all Night, and next Morning brought in the -Reverend Prelates, _Not Guilty_. - -There were immediately very Loud Acclamations thro' _Westminster_-Hall, -and the Words _Not Guilty_, _Not Guilty_, went round with such Shouts -and Huzza's, that the King's Sollicitor mov'd very earnestly that such -as had shouted in the Court might be Committed; whereupon a Gentleman of -_Grey's-Inn_ was laid hold on, but soon discharged with this short -Reproof from the Chief-Justice; "_Sir, I am as glad as you can be that -Lords the Bishops are Acquitted but ... you might Rejoice in your -Chamber ... and not here_." - - - - -THE INVITATION TO THE PRINCE OF ORANGE -(1688). - -+Source.+--Mackintosh: _History of the Revolution in England, in 1688_. -London, 1834. Appendix III., p. 691. (Reprinted from MS. in British -Museum.) - - -We have great satisfaction to find, by 35, and since, by Mons. -Zuylistein, that your Highness is so ready and willing to give us such -assistance as they have related to us. We have great reason to believe -we shall be every day in a worse condition than we are, and less able to -defend ourselves, and, therefore, we do earnestly wish we might be so -happy as to find a remedy before it be too late for us to contribute to -our own deliverance; but, although these be our wishes, yet we will by -no means put your Highness into any expectations which may misguide your -own councils in this matter; so that the best advice we can give is, to -inform your Highness truly both of the state of things here at this -time, and of the difficulties which appear to us. As to the first, the -people are so generally dissatisfied with the present conduct of the -government in relation to their religion, liberties, and properties (all -which have been greatly invaded); and they are in such expectations of -their prospects being daily worse, that your Highness may be assured -there are nineteen parts of twenty of the people throughout the kingdom -who are desirous of a change; and who, we believe, would willingly -contribute to it, if they had such a protection to countenance their -rising, as would secure them from being destroyed, before they could get -to be in a posture able to defend themselves: it is no less certain, -that much the greatest part of the nobility and gentry are as much -dissatisfied, although it be not safe to speak to many of them -beforehand; and there is no doubt but that some of the most considerable -of them would venture themselves with your Highness at your first -landing, whose interest would be able to draw great numbers to them, -whenever they could protect them, and the raising and drawing men -together; and, if such a strength could be landed as were able to defend -itself and them, till they could be got together into some order, we -make no question but that strength would be quickly increased to a -number double to the army here, although their army should remain firm -to them; whereas we do, upon very good grounds, believe, that their army -then would be very much divided among themselves; many of the officers -being so discontented, that they continue in their service only for a -subsistence (besides that some of their minds are known already): and -very many of the common soldiers do daily show such an aversion to the -Popish religion, that there is the greater probability imaginable of -great numbers of deserters which would come from them, should there be -such an occasion; and amongst the seamen, it is almost certain that -there is not one in ten who would do them any service in such a war. -Besides all this, we do much doubt whether this present state of things -will not yet be much changed to the worse, before another year, by a -great alteration, which will probably be made both in the officers and -soldiers of the army, and by such other changes as are not only to be -expected from a packed parliament, but what the meeting of any -parliament, in our present circumstances, may produce against those who -will be looked upon as principal obstructers of their proceedings there; -it being taken for granted, that, if things cannot then be carried to -their wishes in a parliamentary way, other measures will be put in -execution by more violent means; and, although such proceedings will -then heighten the discontent, yet such courses will, probably, be taken -at that time, as will prevent all possible means of relieving ourselves. - -These considerations make us of opinion, that this is a season in which -we may more probably contribute to our own safeties than hereafter -(although we must own to your Highness there are some judgments -differing from ours in this particular), in so much that, if the -circumstances stand so with your Highness, that you believe you can get -here time enough in a condition to give assistance this year sufficient -for a relief under those circumstances which have been now represented, -we who subscribe this will not fail to attend your Highness upon your -landing, and to do all that lies in our power to prepare others to be in -as much readiness as such an action is capable of, where there is so -much danger in communicating an affair of such a nature, till it be near -the time of its being made public. But, as we have already told your -Highness, we must also lay our difficulties before your Highness; which -are chiefly, that we know not what alarum your preparations for this -expedition may give, or what notice it will be necessary for you to give -the states beforehand, by either of which means their intelligence or -suspicions here may be such as may cause us to be secured before your -landing; and we must presume to inform your Highness, that your -compliment upon the birth of the child (which not one in a thousand here -believes to be the Queen's) hath done you some injury; the false -imposing of that upon the Princess and the nation being not only an -infinite exasperation of people's minds here, but being certainly one of -the chief causes upon which the declaration of your entering the Kingdom -in a hostile manner must be founded upon your part, although many other -reasons are to be given on ours. If, upon a due consideration of all -these circumstances, your Highness shall think fit to venture upon the -attempt, or, at least, to make such preparations for it as are necessary -(which we wish you may), there must be no more time in letting us know -your resolution concerning it, and in what time we may depend that all -the preparations will be ready; as also whether your Highness does -believe the preparations can be so managed as not to give them warning -here, both to make them increase their force, and to secure those they -shall suspect would join with you. We need not say any thing about -ammunition, artillery, mortar-pieces, spare arms, etc., because, if you -think fit to put any thing in execution, you will provide enough of -these kinds, and will take care to bring some good engineers with you; -and we have desired Mr. H.[21] to consult you about all such matters, to -whom we have communicated our thoughts in many particulars too tedious -to have been written, and about which no certain resolutions can be -taken till we have heard again from your Highness. - - 25 24 27 29 31 35 33 - SH.[22] DEV.[23] DANBY LUMLEY LONDON[24] RUSSELL[25] SYDNEY[26] - -[21] Admiral Herbert. - -[22] Shrewsbury. - -[23] Devonshire. - -[24] Compton, Bishop of London. - -[25] Admiral Russell. - -[26] Henry Sidney. - - - - -THE COMING OF WILLIAM OF ORANGE (1688). - -+Source.+--From Burnet's _History of His Own Times_, pp. 286-293. -Abridged edition, 1841. - - -Torbay was thought the best place for the fleet to lie in, and it was -proposed to land the army as near as possible; but when it was perceived -next morning, that we had overrun it, and had nowhere to go now but to -Plymouth, where we could promise ourselves no favourable reception, the -Admiral began to give up all for lost, till the wind abating, and -turning to the south, with a soft and gentle gale carried the whole -fleet into Torbay in the space of four hours. - -The foot immediately went on shore, the horse were next day landed, and -the artillery and heavy baggage sent to Topsham, the seaport of Exeter, -where the Prince intended to stay some time, both to refresh his men and -to give the country an opportunity to declare its affections. When the -Prince entered Exeter, the Bishop and Dean ran away, the clergy stood -off, the magistrates were fearful, and it was full a week before any -gentlemen of the country joined him, though they saw every day persons -of condition coming in to him--among the first of whom was Lord -Colchester, eldest son to the Earl of Rivers, Lord Wharton, Lord -Abingdon, and Mr. Russell, Lord Russell's brother. - -Seymour was then Recorder of Exeter. He joined the Prince, with several -other gentlemen of quality and estate, and gave the good advice of -having an association signed by all who come in, as the only means to -prevent desertion, and to secure them entirely to the Prince's party. - -The heads of the university of Oxford sent Dr. Finch, son to the Earl of -Winchelsea, then made Warden of All Souls College, to assure the Prince -that they would declare for him, inviting him at the same time to come -to Oxford, and to accept of their plate if he needed it. A sudden turn -from those principles which they carried so high not many years before! -But all this was but a small accession. - -The King came down to Salisbury, and sent his troops twenty miles -farther; whereupon the Prince, leaving Devonshire and Exeter under -Seymour's government, with a small garrison and the heavy artillery -under Colonel Gibson, who was made Deputy Governor as to the military -part, advanced with his army; and understanding that some officers of -note (Lord Cornbury, Colonel Langston, and others) designed to come over -and bring their men with them, but that they could not depend on their -subalterns, he ordered a body of his men to advance, and favour their -revolt. The parties were within two miles of one another, when the -whisper ran about that they were betrayed, which put them in such -confusion that many rode back, though one whole regiment, and about a -hundred besides, came over in a body, which gave great encouragement to -the Prince's party, and (as it was managed by the flatterers) was made -an instance to the King of his army's fidelity to him, since those who -attempted to lead their regiments away were forced to do it by -stratagem, which, as soon as they perceived, they deserted their leaders -and came back. - -But all this would not pacify the King's uneasy mind. His spirits sank, -his blood was in such a fermentation that it gushed out of his nose -several times a day, and with this hurry of thought and dejection of -mind all things about him began to put on a gloomy aspect. The spies -that he sent out took his money, but never returned to bring him any -information; so that he knew nothing but what common report told him, -which magnified the number of his enemies, and made him believe the -Prince was coming upon him before he had moved from Exeter. The city of -London, he heard, was unquiet; the Earls of Devonshire and Danby and -Lord Lumley were drawing great bodies of men in Yorkshire; the Lord -Delamere had a regiment in Cheshire; York and Newcastle had declared for -the Prince; and the bulk of the nation did so evidently discover their -inclinations for him, that the King saw he had nothing to trust to but -his army; and the army, he began to fear, was not to be relied on. In -conclusion, when he heard that Lord Churchill and the Duke of Grafton -(who was one of King Charles's sons by the Duchess of Cleveland), and -the most gallant of all he had, were gone to the Prince, and soon after -that Prince George, the Duke of Ormond, and the Lord Drumlanrig, eldest -son to the Duke of Queensberry, had forsaken him, he was quite -confounded, and not knowing whom to depend on any longer, or what -further designs might be against him, he instantly went to London. - -The Princess Anne, when she heard of the King's return, was so struck -with the apprehension of his displeasure, and what possibly might be the -consequence of it, that she persuaded Lady Churchill to prevail with the -Bishop of London to carry them both off. The Bishop, as it was agreed, -received them about midnight at the back-stairs, and carried them to the -Earl of Dorset's, where they were furnished with what they wanted, and -so conducted them to Northampton, where that Earl soon provided a body -of horse to serve the Princess as her guard; and not long after a small -army was formed about her, which, according to their desire, was -commanded by the Bishop of London. - -At this time there was a foolish ballad went about, treating the -Papists, and chiefly the Irish, in a ridiculous manner, which made an -impression on the army, and thence on the whole country, not to be -imagined but by those who saw it; and a bold man adventured to publish -in the Prince's name another Declaration, setting forth the desperate -designs of the Papists, and the great danger the nation was in by their -means, and requiring all persons to turn them out of their employments, -to secure all strong places, and to do their utmost in order to execute -the laws, and bring all things again into their proper channel. The -paper was penned with a good spirit, though none ever claimed the merit -of it, and no doubt being made but that it was published by the Prince's -direction, it set everything to work, and put the rabble and apprentices -to pulling down mass-houses and doing many irregular actions. - -When the King saw himself thus forsaken, not only by those whom he had -trusted and favoured most, but even by his own children, the army in the -last distraction, the country on every side revolting, and the city in -an ungovernable fermentation, he called a general meeting of all the -Privy Councillors and Peers in town to ask their advice and what was fit -to be done. The general advice was that he should send commissioners to -the Prince to treat with him, which, though sore against the King's -inclination, the dejection he was in and the desperate state of his -affairs made him consent to. The persons appointed were the Marquis of -Halifax, the Earl of Nottingham, and the Lord Godolphin; and when they -had waited on the Prince at Hungerford, desiring to know what it was -that he demanded, after a day's consultation with those who were about -him, he returned answer "that he desired a Parliament might be presently -called, and no one continued in any employment who would not qualify -himself according to law; that the Tower of London might be put in the -keeping of the City, and the fleet and all strong places in the hands of -Protestants; that the armies on both sides might not, while the -Parliament was sitting, come within twenty miles of London; that a -proportion of the revenue might be set apart for the payment of the -Prince's army, and himself allowed to come to London with the same -number of guards that the King had." - -These were the Prince's demands, which, when the King read, he owned -more moderate than he expected; but before they came to his hands he had -engaged himself in other resolutions. The priests and all violent -Papists, who saw that a treaty with the Prince would not only ruin their -whole design, but expose them as a mark and sacrifice to the malice of -their enemies, persuaded the Queen that she would certainly be -impeached, that witnesses would be set up against her and her son, and -that nothing but violence could be expected. With these suggestions they -wrought upon her fear so far, that she not only resolved to go to France -herself, and take the child with her, but prevailed with the King -likewise to follow her in a few days. The Queen went down to Portsmouth, -and from thence in a man-of-war went over to France, taking along with -her the midwife and those who were concerned in her son's birth, who not -long after were all so disposed of that it never could be yet learned -what became of them; and on the 10th of December, about three in the -morning, the King went away in disguise with Sir Edward Hales, whose -servant he pretended to be. They passed the river, throwing the Great -Seal into it, which was afterwards found by a fisherman near Vauxhall, -and in a miserable fisher-boat, which Hales had provided to carry them -over to France, when, not having gone far, some fishermen of Feversham, -who were watching for priests and such other delinquents as they fancied -were making their escape, came up to them, and knowing Sir Edward Hales, -took both the King and him, and brought them to Feversham. - -It was strange that a great King, who had a good army and a strong -fleet, should choose rather to abandon all than either try his fate with -that part of the army that stood firm to him, or stay and see the issue -of Parliament. This was variously imputed to his want of courage, his -consciousness of guilt, or the advice of those about him; but so it was -that his deserting in this manner, and leaving them to be pillaged by an -army that he had ordered to be disbanded without pay, was thought the -forfeiture of his right, and the expiration of his reign; and with this -notion I now proceed to relate what passed in the Interregnum (though -under the same title still) until the throne, which was then left -vacant, came to be filled. - -When it was noised about town that the King was gone, the apprentices -and rabble, supposing the priests had persuaded him to it, broke out -again with fresh fury upon all suspected houses, and did much havoc in -many places. They met with Jeffreys as he was making his escape in -disguise, and he being known by some of them, was insulted with all the -scorn and rudeness that malice could invent, and after some hour's -tossing about, was carried to the Lord Mayor to be committed to the -Tower, which Lord Lucas had now seized, and in it declared for the -Prince. - -The Lord Mayor was so struck with the terror of the rude populace, and -with the disgrace of a man who had made all people tremble before him, -that he fell into fits of which he died soon after; but to prevent all -future disorders in the City, he called a meeting of the Privy -Councillors and Peers at the Guildhall, who all agreed to send an -invitation to the Prince, desiring him to come and take the government -of the nation into his hands until a Parliament should meet and reduce -all things to a proper settlement. - -The Prince was at Abingdon when the news of the King's desertion and the -City's disorder met him, and upon this it was proposed that he should -make all imaginable haste to London; but some were against it, because, -though there had been but two small actions, one at Winkinton, in -Dorsetshire, and the other at Reading, during the whole campaign, in -neither of which the King's forces gave them much reason to dread them, -yet there were so many of the disbanded soldiers scattered along the -road, all the way to London, that it was thought unsafe for the Prince -to advance faster than his troops could march before him, which delay -was attended with very bad consequences. When the people of Feversham -understood that it was the King they had in their custody, they changed -their rough usage into all the respect they could possibly pay him. The -country came in, and were moved with this astonishing instance of all -worldly greatness, that he who had ruled three kingdoms, and might have -been arbiter of all Europe, was now found in such mean hands, and in so -low an equipage; and when the news was brought to London, all the -indignation that was formerly conceived against him was turned into pity -and compassion. The Privy Council upon this occasion met, and agreed to -have the King sent for. The Earl of Feversham went with the coaches and -guards to bring him back. In his passage through the City he was -welcomed by great numbers with loud acclamations of joy, and at his -coming to Whitehall had a numerous Court; but when he came to reflect on -the state of his affairs, he found them in so ruinous a condition, that -there was no possibility of making any stand; and therefore he sent the -Earl of Feversham (but without demanding a pass) to Windsor, to desire -the Prince to come to St. James's and consult with him the best means of -settling the nation. - -The Prince had some reason to take this procedure of the Council amiss, -after they had invited him to take the government into his own hands; -and because the Earl of Feversham had commanded the army against him, -and was now come without a passport, it was thought advisable to put him -in arrest. The tender point was how to dispose of the King's person; and -when some proposed rougher methods, such as keeping him in prison or -sending him to Breda, at least until the nation was settled, the Prince -would not consent to it; for he was for no violence or compulsion upon -him, though he held it necessary for their mutual quiet and safety that -he should remove from London. - -When this was resolved on, the Lords Halifax, Shrewsbury and Delamere -were appointed to go and order the English guards to be drawn off, and -sent into country quarters, while Count Solms with the Dutch was to come -and take all the posts about Court. The thing was executed without -resistance, but not without murmuring, and it was near midnight before -all was settled, when the lords sent notice to the King that they had a -message to deliver to him. They told him "the necessity of affairs -required that the Prince should come presently to London, and they -thought it would conduce both to the safety of the King's person and the -quiet of the City to have him retire to some house out of town, and they -named Ham; adding that he should be attended with a guard, but only to -secure his person, and not give him any disturbance." When the lords had -delivered their message they withdrew; but the King sent immediately -after them to know if the Prince would permit him to go to Rochester. It -was soon seen that the intent of this was to forward his escape, and -therefore the Prince willingly consented to it; and as the King next day -went out of town, the Prince came through the park privately to St. -James's which disgusted many who had stood some time in the wet to see -him. The next day all the bishops in town (except the Archbishop, who -had once agreed to do it), the clergy of London, and the several -companies of the City came to welcome him, and express a great deal of -joy for the deliverance wrought by his means. As the Prince took notice -of Serjeant Maynard's great age, and how he had outlived all the men of -the law, he answered he had liked to have outlived the law itself, had -not his Highness come over to their relief. - -When compliments were over, the first thing that came under consultation -was how to settle the nation. The lawyers were of opinion that the -Prince might declare himself King, as Henry VII. had done, and then call -a Parliament, which would be a legal assembly; but their notion in this -was so contrary to the Prince's Declaration, and so liable to give -offence, that it could not be admitted. Upon this the Prince called -together all the peers and members of the three late Parliaments that -were in town, together with some of the citizens of London, desiring -their advice in the present conjuncture. They agreed in an address to -him that he would write missive letters round the nation, in such manner -as the writs were issued out, for sending up representatives, and that -in the meantime he would be pleased to take the administration of the -government into his hands. - -While these things were carrying on in London, the King at Rochester was -left in full liberty, and had all the respect paid to him that he could -wish. Most of the Dutch guards that attended him happened to be Papists; -and when he went to Mass they went with him, and joined very reverently -in the devotion; whereupon, being asked how they could serve in an -expedition that was intended to destroy their own religion, one of them -answered briskly that his soul was God's, but his sword was the Prince -of Orange's. The King continued there a week, and many who were zealous -for his interest went to him, and desired him to stay and see the -result. But while he was distracted between his own inclinations and his -friends' importunities, a letter came from the Queen reminding him of -his promise, and upbraiding him for not performing it, which determined -his purpose; and on the last day of this memorable year he went from -Rochester very secretly, and got safely into France, leaving a paper on -his table, wherein he reproached the nation for forsaking him, and -promised that, though he was going to seek for foreign aid to restore -him to his throne, yet he would make no use of it either to overthrow -the established religion or the laws of the land. - - - - -THE BILL OF RIGHTS (1689). - -+Source.+--_Statutes of the Realm_. Vol. vi., pp. 142-145. - - -Whereas the Lords Spiritual and Temporal, and Commons, assembled at -Westminster, lawfully, fully, and freely representing all the estates of -the people of this realm, did, upon the thirteenth day of February, in -the year of our Lord one thousand six hundred eighty-eight, present unto -their Majesties, then called and known by the names and style of William -and Mary, Prince and Princess of Orange, being present in their proper -persons, a certain declaration in writing, made by the said Lords and -Commons, in the words following; viz.:-- - -Whereas the late King James II., by the assistance of diverse evil -counsellors, judges, and ministers employed by him, did endeavour to -subvert and extirpate the Protestant religion, and the laws and -liberties of this kingdom:-- - -1. By assuming and exercising a power of dispensing with and suspending -of laws, and the execution of laws, without consent of Parliament. - -2. By committing and prosecuting divers worthy prelates, for humbly -petitioning to be excused from concurring to the same assumed power. - -3. By issuing and causing to be executed a commission under the Great -Seal for erecting a court, called the Court of Commissioners for -Ecclesiastical Causes. - -4. By levying money for and to the use of the Crown, by pretence of -prerogative, for other time, and in other manner than the same was -granted by Parliament. - -5. By raising and keeping a standing army within this kingdom in time of -peace, without consent of Parliament, and quartering soldiers contrary -to law. - -6. By causing several good subjects, being Protestants, to be disarmed, -at the same time when Papists were both armed and employed contrary to -law. - -7. By violating the freedom of election of members to serve in -Parliament. - -8. By prosecutions in the Court of King's Bench, for matters and causes -cognizable only in Parliament; and by diverse other arbitrary and -illegal courses. - -9. And whereas of late years, partial, corrupt, and unqualified persons -have been returned and served on juries in trials, and particularly -diverse jurors in trials for high treason, which were not freeholders. - -10. And excessive bail hath been required of persons committed in -criminal cases, to elude the benefit of the laws made for the liberty of -the subjects. - -11. And excessive fines have been imposed; and illegal and cruel -punishments inflicted. - -12. And several grants and promises made of fines and forfeitures, -before any conviction or judgment against the persons upon whom the same -were to be levied. - -All which are utterly and directly contrary to the known laws and -statutes, and freedom of this realm. - -And whereas the said late King James II. having abdicated the -government, and the throne being thereby vacant, his Highness the Prince -of Orange (whom it hath pleased Almighty God to make the glorious -instrument of delivering this kingdom from popery and arbitrary power) -did (by the advice of the Lords Spiritual and Temporal, and diverse -principal persons of the Commons) cause letters to be written to the -Lords Spiritual and Temporal, being Protestants, and other letters to -the several counties, cities, universities, boroughs, and cinque ports, -for the choosing of such persons as represent them, as were of right to -be sent to Parliament, to meet and sit at Westminster upon the -two-and-twentieth day of January, in this year one thousand six hundred -eighty and eight, in order to such an establishment, as that their -religion, laws and liberties might not again be in danger of being -subverted; upon which letters, elections have been accordingly made. - -And thereupon the said Lords Spiritual and Temporal, and Commons, -pursuant to their respective letters and elections, being now assembled -in a full and free representation of this nation, taking into their most -serious consideration the best means for attaining the ends aforesaid, -do in the first place (as their ancestors in like case have usually -done), for the vindicating and asserting their ancient rights and -liberties, declare:-- - -1. That the pretended power of suspending of laws, or the execution of -laws, by regal authority, without consent of parliament, is illegal. - -2. That the pretended power of dispensing with laws, or the execution of -laws by regal authority, as it hath been assumed and exercised of late, -is illegal. - -3. That the commission for erecting the late Court of Commissioners for -Ecclesiastical causes, and all other commissions and courts of like -nature, are illegal and pernicious. - -4. That levying money for or to the use of the Crown, by pretence of -prerogative, without grant of parliament, for longer time or in other -manner than the same is or shall be granted, is illegal. - -5. That it is the right of the subjects to petition the king, and all -commitments and prosecutions for such petitioning are illegal. - -6. That the raising or keeping a standing army within the kingdom in -time of peace, unless it be with consent of parliament, is against law. - -7. That the subjects which are Protestants may have arms for their -defence suitable to their conditions, and as allowed by law. - -8. That election of members of parliament ought to be free. - -9. That the freedom of speech, and debates or proceedings in parliament, -ought not to be impeached or questioned in any court or place out of -parliament. - -10. That excessive bail ought not to be required, nor excessive fines -imposed; nor cruel and unusual punishment inflicted. - -11. That jurors ought to be duly impanelled and returned, and jurors -which pass upon men in trials for high treason ought to be freeholders. - -12. That all grants and promises of fines and forfeitures of particular -persons before conviction, are illegal and void. - -13. And that for redress of all grievances, and for the amending, -strengthening, and preserving of the laws, parliaments ought to be held -frequently. - -And they do claim, demand, and insist upon all and singular the -premises, as their undoubted rights and liberties; and that no -declarations, judgments, doings or proceedings, to the prejudice of the -people in any of the said premises, ought in any wise to be drawn -hereafter into consequence or example. - -To which demand of their rights they are particularly encouraged by the -declaration of his Highness the Prince of Orange, as being the only -means for obtaining a full redress and remedy therein. - -Having therefore an entire confidence that his said Highness the Prince -of Orange will perfect the deliverance so far advanced by him, and will -still preserve them from the violation of their rights, which they have -here asserted, and from all other attempts upon their religion, rights, -and liberties: - -II. The said Lords Spiritual and Temporal, and Commons, assembled at -Westminster, do resolve, that William and Mary, Prince and Princess of -Orange, be, and be declared, King and Queen of England, France, and -Ireland, and the dominions thereunto belonging, to hold the Crown and -royal dignity of the said kingdom and dominions to them the said Prince -and Princess during their lives, and the life of the survivor of them; -and that the sole and full exercise of the regal power be only in, and -executed by, the said Prince of Orange, in the names of the said Prince -and Princess, during their joint lives; and after their deceases, the -said Crown and royal dignity of the said kingdoms and dominions to be to -the heirs of the body of the said Princess; and for default of such -issue to the Princess Anne of Denmark, and the heirs of her body and for -default of such issue to the heirs of the body of the said Prince of -Orange. And the Lords Spiritual and Temporal, and Commons, do pray the -said Prince and Princess to accept the same accordingly. - -III. And that the oaths hereafter mentioned be taken by all persons of -whom the oaths of allegiance and supremacy might be required by law, -instead of them; and that the said oaths of allegiance and supremacy be -abrogated. - - I, A. B., do sincerely promise and swear, That I will be faithful and - bear true allegiance to their Majesties King William and Queen Mary: - So help me God. - - I, A. B., do swear, That I do from my heart, abhor, detest, and abjure - as impious and heretical, that damnable doctrine and position, that - Princes excommunicated or deprived by the Pope, or any authority of the - See of Rome, may be deposed or murdered by their subjects, or any other - whatsoever. And I do declare, that no foreign prince, person, prelate, - state, or potentate hath, or ought to have, any jurisdiction, power, - superiority, pre-eminence, or authority ecclesiastical or spiritual, - within this realm: - So help me God. - -IV. Upon which their said Majesties did accept the Crown and royal -dignity of the kingdoms of England, France, and Ireland, and the -dominions thereunto belonging, according to the resolution and desire of -the said Lords and Commons contained in the said declaration. - -V. And thereupon their Majesties were pleased, that the said Lords -Spiritual and Temporal, and Commons, being the two Houses of Parliament, -should continue to sit, and with their Majesties' royal concurrence make -effectual provision for the settlement of the religion, laws, and -liberties of this kingdom, so that the same for the future might not be -in danger again of being subverted; to which the said Lords Spiritual -and Temporal, and Commons, did agree and proceed to act accordingly. - -VI. Now in pursuance of the premises, the said Lords Spiritual and -Temporal, and Commons, in parliament assembled, for the ratifying, -confirming, and establishing the said declaration, and the articles, -clauses, matters, and things therein contained, by the force of a law -made in due form by authority of parliament, do pray that it may be -declared and enacted, That all and singular the rights and liberties -asserted and claimed in the said declaration, are the true, ancient, and -indubitable rights and liberties of the people of this kingdom, and so -shall be esteemed, allowed, adjudged, deemed, and taken to be, and that -all and every the particulars aforesaid shall be firmly and strictly -holden and observed, as they are expressed in the said declaration; and -all officers and ministers whatsoever shall serve their Majesties and -their successors according to the same in all times to come. - -VII. And the said Lords Spiritual and Temporal, and Commons ... declare, -that King James II. having abdicated the government, and their Majesties -having accepted the Crown and royal dignity aforesaid, their said -Majesties did become, were, are, and of right ought to be, by the laws -of this realm, our sovereign liege Lord and Lady, King and Queen of -England, France, and Ireland, and the dominions thereunto belonging.... - -VIII. And for preventing all questions and divisions in this realm, by -reason of any pretended titles to the Crown, and for preserving a -certainty in the succession thereof, in and upon which the unity, peace, -tranquillity, and safety of this nation doth, under God, wholly consist -and depend, the said Lords Spiritual and Temporal, and Commons, do -beseech their Majesties that it may be enacted, established, and -declared, that the Crown and regal government of the said kingdoms and -dominions, with all and singular the premises thereunto belonging and -appertaining, shall be and continue to their said Majesties, and the -survivor of them, during their lives, and the life of the survivor of -them. And that the entire, perfect, and full exercise of the regal power -and government be only in, and executed by, his Majesty, in the names of -both their Majesties during their joint lives; and after their deceases -the said Crown and premises shall be and remain to the heirs of the body -of her Majesty: and for default of such issue, to her Royal Highness the -Princess Anne of Denmark, and the heirs of her body; and for default of -such issue, to the heirs of the body of his said Majesty.... - -IX. And whereas it hath been found by experience, that it is -inconsistent with the safety and welfare of this Protestant kingdom, to -be governed by a Popish prince, or by any king or queen marrying a -Papist, the said Lords Spiritual and Temporal, and Commons, do further -pray that it may be enacted, That all and every person and persons that -is, are, or shall be reconciled to, or shall hold communion with, the -See or Church of Rome, or shall profess the Popish religion, or shall -marry a Papist, shall be excluded, and be for ever incapable to inherit, -possess, or enjoy the Crown and government of this realm, and Ireland, -and the dominions thereunto belonging, or any part of the same, or to -have, use, or exercise any regal power, authority, or jurisdiction -within the same; and in all and every such case or cases the people of -these realms shall be and are hereby absolved of their allegiance; and -the said Crown and Government shall from time to time descend to, and be -enjoyed by, such persons or persons, being protestants, as should have -inherited and enjoyed the same in case the said person or persons so -reconciled, holding communion, or professing, or marrying as aforesaid, -were naturally dead.... - -XII. And be it further declared and enacted by the authority aforesaid, -That from and after this present session of parliament, no dispensation -by _non obstante_ of or to any statute, or any part thereof, shall be -allowed, but that the same shall be held void and of no effect, except a -dispensation be allowed of in such statute, and except in such cases as -shall be specially provided for by one or more bill or bills to be -passed during this present session of parliament.... - - - - -CORRESPONDENCE RELATING TO THE NON-JURORS -(1691). - -+Source.+--_Letters between Ambrose Bonwicke and Richard Blechynden -(Cambridge in the Days of Queen Anne_, by J. E. B. Mayor, pp. 217-221). - - -_Aug. 11. Bonwicke to Blechynden_. - -I suppose ... that king _James_ had a right to my allegiance, and that -secured by an oath; and unless he has given away this right or forfeited -it, it is still in him. Now to me it does not appear that he has done -either, therefore I dare not give it to another, which ... is the design -of the new oaths.... I ought not to have entered into the obligation if -I had not designed to have kept it. - - -_Aug. 15. Blechynden to Bonwicke._ - -He that has no longer a right to the government has no longer a right to -my allegiance.... King _James_ has shewn, that he neither has the -qualifications for government, nor for this of the _English_.... A full -possession of the power, especially when recognised by the grandees and -main body of the people, gives him that has it a title to the obedience -and fidelity (or, if you will, allegiance) of all within his -territories; at least they are guilty of no sin that promise fidelity to -him. - - -_Aug. 20. Bonwicke to Blechynden._ - -I should be glad to find my friends and relations (whom I have so great -a concern for) are in the right, and that it is prejudice in me has -blinded me so long. Though I suppose it would be perjury in me to quit -that oath that I still think obligatory, yet I have a very charitable -opinion of those that have taken the new one, and suppose that -conscience has been as much their guide in taking it, as it has been -mine in refusing it.... I suppose a man may be dispossessed of a legal -right no otherwise than by law.... I am to consider how I am to behave -myself under a king, that has possession and not right. The execution of -those laws that protect me are (_sic_) in his hands; I will give him all -the obedience that is necessary for that purpose.... But to take an oath -of allegiance to the king _de facto_, certainly cancels my oath of -allegiance to the former.... If it were barely submitting to him in -power, I suppose we should have no great dispute. - - -_Aug. 25. Blechynden to Bonwicke._ - -Municipal laws are not the sole measure of right and wrong. There is a -superior law of right reason, which respects the common good of mankind, -which gave beginning to all civil societies.... You say treason against -the king _de facto_ is not treason _de jure_; hereby you must mean -according to equity and right reason; for treason against a king _de -facto_ is the only treason by the law of the land, if _Coke_ and -_Hales_[27] may be credited.... You call for a legal forfeiture; nothing -else, say you, will forfeit a legal right to a crown. But if you please -to consult the gentlemen that write politics, who surely are the best -guides in this affair, you will find them assign a great many others.... -The assemblies of the grandees and parliaments have near forty times -either deposed their prince or waived the next of kin for the good of -the community. - - -_Aug. 31. Bonwicke to Blechynden._ - -Reason must be our best guide, and she has directed you to take the -oaths, as she does me to refuse them. I consider on one side there is -only a little temporal concern, and on the other the danger of -perjury.... For what you urge, that therefore I ought to have no -protection from king _William_, I must be contented; but I think it is -the law that protects us both. At present it only deprives us of our -livings, and that we must submit to. When the laws become more severe, -we must shift as well as we can, and if we cannot live in this country, -fly to another.... A whole nation can as ill dispense with their oaths -as a single person. - - -_Sept. 5. Bonwicke to Blechyenden._ - -I do really take those laws which have been made since king _William's_ -coming to the crown to be good laws.... King _James_ has lost thus much -by losing possession: he has lost the assistance of his people, for it -would be treason and illegal to fight against king _William_, who has -now the law on his side. - - -_Sept. 8. Blechynden to Bonwicke._ - -The defence of the society being the sole ground (and measure too) of -our obedience and fidelity to our chief governor, it is plain that it is -due to him, and to him only, that can and does defend society.... If you -will rightly weigh the matter, it is not only a little temporal concern -that pleads for your taking oaths. For (pardon my plain dealing) you are -chargeable with disobedience to the powers that be, with depriving your -country (for which we are all in a great measure made) of the good you -may do in your present station, or in the ministry; and with the making -or strengthening a party against the public establishment, to the great -prejudice of church and state; besides the injury to yourself and -family, which an honest man ought not to prejudice but upon very good -grounds. All this, I say, you are chargeable with, if the taking the -oaths be not manifestly sinful. For the danger or fear of its being so -is not sufficient to justify the neglect of any duty, and an opposition -to a public establishment and the benefits of it. Reason will prefer the -good of the community before that of a single man, especially of one -already very false to his trust.... It is not plain that I am sworn to -king _James_; the oath in an equitable interpretation not reaching the -present case; nor has king _James_ any reason to insist on it as the -present circumstances are; nor ought you to oblige me by my oath to hurt -my neighbours, or my country, how rigorous soever I might be otherwise -to myself. There is a great deal of difference between a private oath -relating to my own concerns of which I am master; and a public, which -was made for the good of the public, and therefore ought in no wise to -be strained to the prejudice of the same.... The affection that men are -bred up with towards the memory of king _Charles_ the first, and the -abhorrence of the parliament of 1641, does extremely prejudice men for -kings and against parliament; but both extremes are to be carefully -shunned. - -[27] Coke and Hales were amongst the most eminent of Stuart lawyers. - - - - -PACIFICATION OF THE HIGHLANDS (1692). - -+Source.+--_Calendar of State Papers, Domestic Series, 1691-92_: - - -[Pp. 101, 102.] - -_Jan. 16, 1692._--Instructions, signed by the King, for Sir Thomas -Levingston:-- - -We allow you to receive the submissions of Glengarry, or those with him, -upon their taking the oath of allegiance and delivering up the house of -Invergarry; to be safe, as to their lives, but as to their estates they -must depend upon our mercy. - -In case you find the house of Invergarry cannot probably be taken in -this season of the year, with the artillery and other provisions that -you can bring there, we leave it to your discretion to give Glengarry -the assurance of an entire indemnity for life and fortune, upon the -delivery of his house and arms, and taking the oath of allegiance. In -this you are allowed to act as you find the circumstances of the affair -requires. But it were much better that these who have not taken the -benefit of our indemnity, in the terms and with the "dyet" prefixed by -our proclamation, should be obliged to "render" upon mercy; and the -taking of the oath of allegiance is indispensable, others having already -taken it. "If McKean of Glencoe and that tribe can be well separated -from the rest, it will be a proper vindication of the public justice to -extirpate that set of thieves." The "double of these instructions are -only communicated to Col. Hill." - - -[Pp. 153, 154.] - -_Feb. 28, 1692. Colonel Hill to the Earl of Portland._ - -My last gave you an account of the houses of Invergarry and Island Donan -being in my possession for the King, and of the ruin of Glencoe, the -latter named of which houses, I presume, were better destroyed than -kept, for it is situated in such a place that it is hard to relieve it -in winter, or at any time well, but by sea; it cannot contain a force to -awe those countries in case they should again prove rebellious, and -whilst my Lord Seaforth is come in, there is no doubt but his people may -be kept quiet, and young Sir Donald McDonald is "a peaceable inclined -man," and his relations in Skye mostly protestants, so there is no fear -from thence, and that house will be but a charge to little other -purpose, as is fit to be blown up. - -Those men of Glencoe that (by help of the storm) escaped, would submit -to mercy if their lives may be granted them, upon giving security to -live peaceably under the government, and not to rob, steal, or receive -stolen goods hereafter, and I humbly conceive (since there are enough -killed for an example and to vindicate public justice) it were advisable -so to receive them, since it will be troublesome to take them, the -Highlanders being generally allied one to another, and they may join -with other broken men, and be hurtful to the country. Nevertheless, in -the meantime, it were necessary that the proclamation against them ... -were issued out. At the present they (the men of Glencoe) lie dormant in -caves and remote places. - -The people now all seem resolved on settlement, and cry out for a -jurisdiction among them (and the country will never be right till it be -so) they flock in daily to submit to the King's mercy. Appin is a much -changed man for the better, professes to everyone he meets his sincerity -in keeping the oath of allegiance, and all those people of Appin have -good inclinations to quiet, being many of them intelligent men, of whom -I doubt not to make very good subjects. The Laird is a "pretty young -man" of about 21 years, and had taken the oath before the day, but that -he was tied to his bed by sickness at that time, and was carried in a -boat to me, to do it, sooner than he was well able. - -It were meet that some things were left to the discretion of whoever -commands in so remote a place as this, otherwise sometimes advantages -are lost before orders can be obtained, and then (for want of true -intelligence of matters) the orders may happen to be wrongly conceived, -and when I was here before, the whole was left to me, and it succeeded -well. The more authority any(one) has here, the more the people observe -to obey. - - * * * * * - -The captain of Clanronald, "who is one of the prettiest handsome youths -I have seen," came in and brought all the chief of his friends, and made -his submission and took the oath with the greatest frankness imaginable, -as did also all his friends; he has gone to his uncle, the Laird of -McLeod, to settle his affairs and to get up some money; he then resolves -to wait on the King and Queen, and if he overtake the King at London, he -will beg his favour that he may attend him into Flanders. If the King be -gone, ere he reach London, he resolves to follow him, and to be wholly -governed by the King's pleasure; only he prays he may be so disposed of -as to better his education. It will be an act of great charity to -"breed" him. I have sent to McNeil of Bara (a remote island) who I doubt -not will come in as the rest; so all the work is now done but the -settlement of a civil jurisdiction. - - - - -THE TREASONS ACT (1696). - -+Source.+--_Statutes of the Realm._ Vol. vii., pp. 6, 7. - - -Whereas nothing is more just and reasonable than that persons prosecuted -for High Treason, and Misprision of Treason, whereby the Liberties, -Lives, Honour, Estates, Blood, and Posterity of the Subject may be lost -and destroyed, should be justly and equally tried and that persons -accused as offenders therein should not be debarred of all just and -equal means for defence of their innocencies in such cases; in order -thereunto and for the better regulation of trials of persons prosecuted -for High Treason and Misprision of such Treason, Be it enacted That ... -all and every person or persons whatsoever that shall be accused and -indicted for High Treason ... shall have a true copy of the whole -indictment, but not the names of the witnesses, delivered unto them or -any of them five days at the least before he or they shall be tried for -the same, whereby to enable them, or any of them, respectively to advise -with Counsel thereupon to plead and make their defence.... And that -every person so accused and indicted, arraigned, or tried for Treason -... shall be ... admitted to make his and their full defence by Counsel -learned in the Law and to make any proof that he or they can produce by -lawful witness or witnesses who shall then be upon oath for his or their -just defence in that behalf; and in case any person or persons so -accused or indicted shall desire Counsel, the Court before whom such -person or persons shall be tried, or some judge of that Court ... is -hereby authorized and required immediately upon his or their request to -assign to such person or persons such and so many Counsel, not exceeding -two ... and such Counsel shall have free access at all seasonable hours. - -And be it enacted That ... no person ... shall be indicted, tried, or -attainted of High Treason ... but by and upon the oaths and testimony of -two lawful witnesses, either both of them to the same overt act, or one -of them to one and another of them to another overt act of the same -Treason, unless the party indicted ... shall willingly, without violence -and in open Court, confess the same, or shall stand mute, or refuse to -plead. - -And be it further enacted That if two or more distinct Treasons of -diverse heads or kinds shall be alleged in one bill of indictment, one -witness produced to prove one of the said Treasons, and another witness -produced to prove another of the said Treasons, shall not be deemed or -taken to be two witnesses to the same Treason. - -And ... be it further enacted ... That ... no person or persons -whatsoever shall be indicted, tried, or prosecuted for ... Treason ... -unless the same indictment be found by a Grand Jury within three years -next after the Treason or offence was done and committed. - -And ... all and every person or persons who shall be accused, indicted -or tried for Treason ... shall have copies of the panel of jurors who -are to try them duly ... delivered unto them ... two days at the least -before he or they shall be tried; and all persons so accused and -indicted for Treason ... shall have the like Process of the Court, where -they shall be tried, to compel their witnesses to appear for them at any -such Trial or Trials. - -And be it further enacted. That no evidence shall be admitted or given -of any overt act that is not expressly laid in the indictment against -any person. - -And be it further enacted That upon the Trial of any Peer or Peeress -either for Treason or Misprision all the Peers who have a right to sit -and vote in Parliament shall be duly summoned twenty days at the least -before every such Trial; and that every Peer so summoned and appearing -at such Trial shall vote in the Trial. - - - - -THE COLONIAL POST (1699). - -+Source.+--_Calendar of Treasury Papers_, 1697-1701-02, pp. 289-290. - - -Report of Sir R. Cotton, Knt., and Sir Tho. Frankland, postmasters, -addressed to the Lords of the Treasury, on the memorials of Thomas Neale -and Andrew Hamilton, Esqrs., stating that the latter had established a -regular post to pass weekly from Boston to "New York in New England," -and from New York to Newcastle in Pennsylvania, that the profits had -every year increased so as to defray all charges except his salary; that -the Attorney and Solicitor-General were of opinion the King could settle -the rates for letters carried beyond sea &c.; advising the appointment -of an officer to take charge of all the letters directed to the -plantations, and send them in sealed bags, to be delivered to the -deputy-postmaster in the first port where the ship should arrive, the -master receiving a penny for each letter under his care, and upon such -officers being established, a public notice should be given that no -other person presume to make any collection of letters for those parts; -they were of opinion that the rate for inland letters proposed by Mr. -Hamilton was too high, "it having been found by experience in the office -here, that the easy and cheap corresponding doth encourage people to -write letters, and that this revenue was but little in proportion to -what it now is till the postage of letters was reduced from six pence to -three pence;" it would require £1,200 further charge than that already -expended, to enlarge the post through Virginia and Maryland, etc. Dated -27 April, 1699. - -Accompanied by:-- - -"A calculation what charge will carry the post from Newcastle in -Pennsylvania to James' City in Virginia about 400 miles." - -The memorial of Thomas Neale, Esq.: - -Also another memorial from him, showing that he had deputed Andrew -Hamilton, Esq., to erect post offices, who had at the said Thomas -Neale's charge, settled them 700 miles in length on the continent of -America, the accounts for which were then laid before their Lordships; -also that the deputy-post-master had come over to afford information, -and proposed the method contained in the enclosed memorial to support -the post. - -The said memorial of Andrew Hamilton, setting out the good effects of -the Post Office, and suggesting various improvements: - -He states:--"The method at present used to get letters transported to -America is this: the masters bound thither, put up bags in coffee -houses, wherein the letters are put, and for which one penny per letter -is usually paid, and two pence if it exceed a single letter. This is -liable to several abuses. First, any one under pretence that he wants to -have his letters up again, may come to those bags and take out other -men's letters, and thereby discover the secrets of the merchants; and -'tis in their power entirely to withdraw 'em. 2^ndly Several masters, -upon their arrival, often keep up letters till they have disposed of -their loading and are ready to sail again, and then drop them to the -great hurt of those concerned, which inconveniences would be prevented, -if letters were delivered from the Post Office in mails, and likewise -delivered by them in mails into the Post Office where they arrive," etc. - - - - -ACT OF SETTLEMENT (1701). - -+Source.+--_Statutes of the Realm._ Vol. vii., pp. 636-638. - - -After reciting the Bill of Rights and declaring the succession vested in -the most Excellent Princess Sophia, and the heirs of her body, being -Protestants (in case of default of heirs to Anne), the Act of Settlement -lays down:-- - -I. That whosoever shall hereafter come to the possession of this Crown -shall join in communion with the Church of England, as by law -established. - -II. That in case the Crown and imperial dignity of this realm shall -hereafter come to any person, not being a native of this kingdom of -England, this nation be not obliged to engage in any war for the defence -of any dominions or territories which do not belong to the Crown of -England, without the consent of Parliament. - -III. That no person who shall hereafter come to the possession of this -Crown shall go out of the dominions of England, Scotland, or Ireland, -without consent of Parliament. - -IV. That ... all matters and things relating to the well-governing of -this kingdom, which are properly cognizable in the Privy Council by the -Laws and Customs of this realm, shall be transacted there, and all -resolutions taken thereupon shall be signed by such of the Privy Council -as shall advise and consent to the same. - -V. That ... no person born out of the kingdoms of England, Scotland, or -Ireland, or the dominions thereunto belonging (although he be -naturalized or made a denizen, except such as are born of English -parents) shall be capable to be of the Privy Council, or a member of -either House of Parliament, or to enjoy any office or place of trust, -either civil or military, or to have any grant of lands, tenements, or -hereditaments from the Crown, to himself or any other or others in trust -for him. - -VI. That no person who has an office or place of profit under the King, -or receives a pension from the Crown, shall be capable of serving as a -member of the House of Commons. - -VII. That ... Judges' Commissions be made _Quamdiu se bene gesserint_, -and their salaries ascertained and established; but upon the Address of -both Houses of Parliament it may be lawful to remove them. - -VIII. That no pardon under the Great Seal of England be pleadable to an -impeachment by the Commons in Parliament. - - - - -MARLBOROUGH'S LETTERS RELATING TO BLENHEIM (1704). - -+Source.+--Coxe's _Life of Marlborough_, vol. i., pp. 206, 213-215. Bohn -edition. - - -A. _The Note to his Wife from the Blenheim Battlefield._ - -_August 13, 1704._--I have not time to say more but to beg you will give -my duty to the queen, and let her know her army has had a glorious -victory. M. Tallard and two other generals are in my coach, and I am -following the rest. The bearer, my aide-de-camp, Colonel Parke will give -her an account of what has passed....--MARLBOROUGH. - - -B. _To his Wife._ - -_August 14._--Before the battle was quite done yesterday, I writ to my -dearest soul to let her know that I was well, and that God had blessed -her majesty's arms with as great a victory as has ever been known; for -prisoners I have the Marshal de Tallard, and the greatest part of his -general officers, above 8,000 men, and near 1,500 officers. In short, -the army of M. de Tallard, which was that which I fought with, is quite -ruined; that of the elector of Bavaria and the Marshal de Marsin, which -Prince Eugene fought against, I am afraid, has not had much loss, for I -cannot find that he has many prisoners. As soon as the elector knew that -Monsieur de Tallard was like to be beaten, he marched off, so that I -came only time enough to see him retire. As all these prisoners are -taken by the troops I command, it is in my power to send as many of them -to England as her majesty shall think for her honour and service. My own -opinion in this matter is, that the Marshal de Tallard, and the general -officers, should be sent or brought to her majesty when I come to -England; but should all the officers be brought, it would be a very -great expense, and I think the honour is in having the marshal and such -other officers as her majesty pleases. But I shall do in this, as in all -things, that which shall be most agreeable to her. I am so very much out -of order with having been seventeen hours on horseback yesterday, and -not having been able to sleep above three hours last night, that I can -write to none of my friends.... Had the success of Prince Eugene been -equal to his merit, we should in that day's action have made an end of -the war. - - -C. _To his Wife._ - -_August 18._--I have been so very much out of order for these four or -five days that I have been obliged this morning to be let blood, which I -hope will set me right; for I should be very much troubled not to be -able to follow the blow we have given, which appears greater every day -than another, for we have now above 11,000 prisoners. I have also this -day a deputation from the town of Augsburg, to let me know the French -were marched out of it yesterday morning, by which they have abandoned -the country of Bavaria, so that the orders are already given for the -putting a garrison into it. If we can be so lucky as to force them from -Ulm, where they are now altogether, we shall certainly then drive them -to the other side of the Rhine.... Never was victory so complete, -notwithstanding they were stronger than we, and very advantageously -posted. But believe me, my dear soul, there was an absolute necessity -for the good of the common cause to make this venture, which God has so -blessed. I am told the elector has sent for his wife and children to -come to Ulm. If it be true, he will not then quit the French interest, -which I had much rather he should do, if it might be upon reasonable -terms; but the Imperialists are for his entire ruin.... - - -D. _To Lord Godolphin._ - -_August 28._--The troops under my command are advanced three days on -their march towards the Rhine, but I have been obliged to stay here[28] -to finish, if possible, the treaty with the electoress.... By the -letters we have intercepted of the enemy's, going to Paris from their -camp at Dublingen, they all own to have lost 40,000 men. - -[28] At Sefelingen. - - - - -ACT FOR THE UNION OF THE TWO KINGDOMS OF ENGLAND AND SCOTLAND (1707). - -+Source.+--_Statutes of the Realm._ Vol. viii., pp. 566-577. - - -The Act recites:-- - -I. That the two kingdoms of England and Scotland shall, upon the first -day of May, which shall be in the year one thousand seven hundred and -seven, and for ever after, be united into one Kingdom by the name of -Great Britain; and, that the ensigns armorial of the said United Kingdom -be such as her Majesty shall appoint, and the crosses of St. George and -St. Andrew be conjoined in such manner as her Majesty shall think fit, -and used in all flags, banners, standards, and ensigns, both at sea and -land. - -II. That the succession of the monarchy of the United Kingdom of Great -Britain, and of the dominions thereunto belonging, after her most sacred -Majesty, be, remain, and continue to the most excellent Princess Sophia, -Electoress and Duchess Dowager of Hanover, and the heirs of her body -being protestants. - -III. That the United Kingdom of Great Britain be represented by one and -the same Parliament, to be styled, The Parliament of Great Britain. - -IV. That all the subjects of the United Kingdom of Great Britain shall, -from and after the union, have full freedom and intercourse of trade and -navigation to and from any port or place within the said United Kingdom, -and the dominions and plantations thereunto belonging; and that there be -a communication of all other rights, privileges, and advantages, which -do or may belong to the subjects of either kingdom; except where it is -otherwise expressly agreed. - -V.-XV. (These articles deal with Trade chiefly.) - -XVI. That from and after the union, the coin shall be of the same -standard and value throughout the United Kingdom; as now in England, and -a mint shall be continued in Scotland, under the same rules as the mint -in England, and the present officers of the mint continued, subject to -such regulations and alterations as her Majesty, her heirs or -successors, or the Parliament of Great Britain shall think fit. - -XVII. That from and after the union, the same weights and measures shall -be used throughout the United Kingdom, as are now established in -England, and standards of weights and measures shall be kept by those -burghs in Scotland to whom the keeping the standards of weights and -measures, now in use there, does of special right belong: All which -standards shall be sent down to such respective burghs, from the -standards kept in the Exchequer at Westminster, subject nevertheless to -such regulations as the Parliament of Great Britain shall think fit. - -XVIII. That the laws concerning regulation of trade, customs, and such -excises to which Scotland is, by virtue of this treaty, to be liable, be -the same in Scotland, from and after the union, as in England; and that -all other laws in use within the kingdom of Scotland, do after the -union, and notwithstanding thereof, remain in the same force as before -(except such as are contrary to, or inconsistent with, this treaty), but -alterable by the Parliament of Great Britain; with this difference -between the laws concerning public right, policy, and civil government, -and those which concern private right, that the laws which concern -public right, policy, and civil government may be the same throughout -the whole United Kingdom; but that no alteration be made in laws which -concern private right, except for evident utility of the subjects within -Scotland. - -XIX. (Scottish Courts of Law to remain as before, the right, however, of -the United Parliament to make regulations and alterations being -recognised.)[29] - -XX.-XXI. (Concern Heritable Offices and the rights of Royal Burghs.) - -XXII. That, by virtue of this treaty, of the peers of Scotland, at the -time of the Union, sixteen shall be the number to sit and vote in the -House of Lords, and forty-five the number of representatives of Scotland -in the House of Commons of the Parliament of Great Britain; and that -when her Majesty, her heirs or successors, shall declare her or their -pleasure for holding the first, or any other subsequent, Parliament of -Great Britain, until the Parliament of Great Britain shall make further -provision therein, a writ do issue under the great seal of the United -Kingdom, directed to the Privy Council of Scotland, commanding them to -cause sixteen peers, who are to sit in the House of Lords, to be -summoned to Parliament, and forty-five members to be elected to sit in -the House of Commons of the Parliament of Great Britain. - -XXIII. That the aforesaid sixteen peers of Scotland mentioned in the -last preceding article, to sit in the House of Lords of the Parliament -of Great Britain, shall have all privileges of Parliament, which the -peers of England now have, and which they, or any peers of Great Britain -shall have after the union.... And in case that any trials of peers -shall hereafter happen, when there is no Parliament in being, the -sixteen peers of Scotland who sat in the last preceding Parliament, -shall be summoned in the same manner and have the same powers and -privileges at such trials, as any other peers of Great Britain; and that -all peers of Scotland, and their successors to their honours and -dignities shall, from and after the union, be peers of Great Britain, -and have rank and precedency next and immediately after the peers of the -like order and degrees in England at the time of the union. - -XXIV. (Deals with the Seals.) - -XXV. (Scots to retain the Presbyterian system of Church Government and -English to retain the Episcopalian.) - -[29] No provision is made by the Act for the House of Lords to exercise -final Appellate Jurisdiction. - - - - -PROCEEDINGS ON THE IMPEACHMENT OF DR. SACHEVERELL (1710). - -+Source.+--_The Parliamentary History of England from the Earliest -Period to the Year 1803._ Vol. vi., pp. 806, 809. London, 1810. - - -P. 806. _Complaint in the Commons of Dr. Sacheverell's Sermons._ -Dec. 13. A complaint being made to the House of Commons, of two printed -Books; the one intituled, "The Communication of Sin; a Sermon, preached -at the Assizes, held at Derby, August 15, 1709, by Dr. Henry -Sacheverell;" and the other intituled, "The Perils of false Brethren, -both in Church and State; set forth in a Sermon preached before the -Right Hon. the Lord Mayor, Aldermen, and Citizens of London, at the -Cathedral Church of St. Paul, on the 5th of November, 1709;" preached -also by the said Dr. Henry Sacheverell; and both printed for Henry -Clements, which Books were delivered in at the clerk's table; where -several paragraphs in the epistle dedicatory, preceding the -first-mentioned Book, and also several paragraphs in the latter Book, -were read: - -_Resolution thereon._] Sir Peter King and others having made speeches -against the audaciousness of the Doctor, who had advanced positions -directly opposite to Revolution principles, to the present government, -and to the Protestant Succession, and consequently tending to cherish -factions, and stir up rebellion: those, who favoured the Doctor's cause, -were surprised at this sudden attack, and, no member offering to speak -in his defence, it was resolved, "That the two Sermons were malicious, -scandalous, and seditious libels, highly reflecting on the queen, the -late Revolution, and the Protestant Succession, tending to alienate the -affections of her majesty's subjects, and to create jealousies and -divisions among them." - -The Doctor was ordered to attend at the bar of the House the next day, -and, being examined, owned the two Sermons. He likewise told them, what -encouragement he had from the lord-mayor to print "The Perils of False -Brethren." Sir Samuel Garrard, being a member of the House, was asked, -whether the Sermon was printed at his desire or order? if he had owned -it, he would have been expelled the House: but he denied, that he ever -desired, or ordered, or encouraged, the printing thereof. Though the -Doctor offered to prove it, and brought witnesses for that purpose, yet -the House would not enter upon that examination, but it was thought more -decent to seem to give credit to their own member, though few indeed -believed him. - -The Doctor standing to what he had said, without expressing the least -consciousness of having done amiss, he was directed to withdraw; and it -was resolved, "That he should be impeached of high crimes and -misdemeanours, and Mr. Dolben was ordered to do it at the bar of the -House of Lords, in the name of all the Commons of Great Britain." At the -same time a Committee was appointed to draw up the Articles against him, -and the Doctor was taken into custody of the Serjeant at Arms. - - -[The Charge against Sacheverell.] - -P. 809. I. "He, the said Henry Sacheverell, in his said Sermon preached -at St. Paul's, doth suggest and maintain, 'That the necessary means used -to bring about the said happy Revolution, were odious and unjustifiable; -that his late majesty, in his Declaration, disclaimed the least -imputation of resistance; and that to impute resistance to the said -Revolution, is to cast black and odious colours upon his late majesty -and the said Revolution.' - -II. "He, the said Henry Sacheverell, in his said Sermon preached at St. -Paul's, doth suggest and maintain, 'That the aforesaid toleration -granted by law is unreasonable, and the allowance of it unwarrantable;' -and asserts that he is a false brother, with relation to God, religion -or the church, who defends toleration and liberty of conscience; that -queen Elizabeth was deluded by archbishop Grindall,' whom he -scurrilously calls a false son of the church and a perfidious prelate, -'to the toleration of the Genevan discipline; and that it is the duty of -superior pastors, to thunder out their ecclesiastical anathemas against -persons entitled to the benefit of the said Toleration;' and insolently -dares or defies any power on earth to reverse such sentences. - -III. "He, the said Henry Sacheverell, in his said Sermon preached at St. -Paul's, doth falsely and seditiously suggest and assert, 'that the -church of England is in a condition of great peril and adversity under -her majesty's administration;' and, in order to arraign and blacken the -said Vote or Resolution of both Houses of Parliament, approved by her -majesty as aforesaid, he, in opposition thereto, doth suggest the church -to be in danger; and, as a parallel, mentions a Vote, that the person of -king Charles the 1st was voted to be out of danger, at the same time -that his murderers were conspiring his death; thereby wickedly and -maliciously insinuating, that the members of both Houses, who passed the -said vote, were then conspiring the ruin of the Church. - -IV. "He, the said Henry Sacheverell, in his said Sermons and Books, doth -falsely and maliciously suggest, 'that her majesty's administration both -in ecclesiastical and civil affairs, tends to the destruction of the -constitution; and that there are men of characters and stations, in -church and state, who are false brethren, and do themselves weaken, -undermine, and betray, and do encourage, and put it in the power of -others, who are professed enemies, to overturn and destroy the -constitution and establishment;' and chargeth her majesty, and those in -authority under her, both in church and state, with a general -maladministration: and, as a public incendiary, he persuades her -majesty's subjects to keep up a distinction of faction and parties, -instils groundless jealousies, foments destructive divisions among them, -and excites and stirs them up to arms and violence. And, that his said -malicious and seditious suggestions may make the stronger impressions -upon the minds of her majesty's subjects, he, the said Henry -Sacheverell, doth wickedly wrest and pervert divers texts and passages -of holy scripture." - - - - -MARLBOROUGH'S REPLY TO THE CHARGE OF PECULATION (1712). - -+Source.+--_The Case of his Grace the D---- of M., to be Represented by -him to the Honourable House of Commons, in Vindication of Himself from -the Charge of the Commissioners of Accounts in Relation to the Two and -Half per Cent. Bread and Bread Waggons_ (published 1712). Acton Library -Pamphlets, No. d. 25, 1001^12. - - -[The following extract deals with Marlborough's "commissions" on the -bread supplied to the Army on the Continent. The Tories alleged that he -had defrauded the Exchequer by taking his 2-1/2 per cent. commission.] - -The first Article, in the Report, is founded on the Deposition of Sir -_Solomon Medina_, by which you are Informed of a yearly Sum paid by him -and his Predecessor, Contractors for Bread and Bread-Waggons, to myself. -This Payment, ... I have called a Perquisite of the General or Commander -in Chief in the _Low-Countries_; and it has been constantly apply'd to -one of the most Important Parts of the Service there, I mean the -procuring Intelligence, and other Secret Service. - -The Commissioners are pleased to observe, That these Sums cannot be -esteemed legal Perquisites, because they don't find 'em Claim'd or -Receiv'd by any other _English_ General in the _Low-Countries_. But I -must take leave to affirm to this House, That this Perquisite or -Payment, has been allowed to that General or Commander in Chief, in the -_Low-Countries_, both before and ever since the Revolution, to enable -him to carry on such Secret Service. The like Allowance was made to -Prince _Waldeck_, whilst he was General of the Dutch Army in _Flanders_; -it was made during the last War as well as this; and for your further -Satisfaction in this matter, I am content to refer my self to Sir -_Solomon Medina_, who cannot but own, that when he made this Allowance, -he knew it to be the constant Practice during the former Wars in the -_Low-Countries_, and particularly when Prince _Waldeck_ commanded there. -And if it be a Circumstance worth your notice, he must Inform you also, -That the Allowance of Waggons, which the Report takes Notice of, is -usual likewise; that he has allowed the like, or near the like Number to -Count _Tilly_, though he was not Velt-Marshal, and that there is a -proportionate Allowance of the same kind to other Officers. The Report -may have observed very rightly, that the strictest Enquiry the -Commissioners could make, they cannot find that any English General ever -receiv'd this Perquisite. But I presume to say, the Reason is, that -there never was any other English General besides my self, who was -Commander in Chief in the _Low-Countries_. I crave leave then to say, -That this Observation in the Report was Occasion'd through the want of -due Information in the Usage of the Army. In receiving this as an -established and known Perquisite, I have follow'd and kept up that Usage -which I found in the Army when I first enter'd upon that Service; And -upon this Ground alone, I hope that this House will not think I was -Unwarranted in taking it. - -But that no doubt may remain with you, I will State, as well as I can, -what I have learnt, and during that time I have been in the Service, -have been always understood to be the Ground, as well as the Design of -this Allowance. The Contracts of Bread being of necessity at the same -Rates for the whole Army, and it being for the Security of the Service -that those Contracts should be in the fewest Hands; the certain Gain -upon so large a sum as a Contract for the whole, or even part of the -Army, even at the lowest Prices, makes this yearly allowance to have -been thought not Unreasonable from the Contractor. This being an -Allowance generally arising from Contracts that concern a variety of -Troops, all under the same General, must naturally fall under the -Direction, and come into the Hands of the Commander in Chief, as an -Allowance to enable him to carry on such Designs which could not be -foreseen, but yet necessary to be put in execution, and which chiefly -depend upon Intelligence. - -I thought it more needful to give you this Account of the Nature and -Design of this Allowance, because I observe from the Report, that the -Objection is to the Justice and Reasonableness of the Perquisite it -self, without having regard to the Application or Use for which it is -intended. - -But the Commissioners apprehend this not to be a Justifiable Perquisite, -because they say, the Publick or the Troops, necessarily suffer in -proportion to every such Perquisite. - -If these Observations were well grounded, I should think them good -Reasons to put an end to the Allowance, and at the same time to blame -those who first introduced it: But I take upon me to affirm, that this -neither is nor can be the Cause. I have never heard a Complaint either -of publick or particular Injury from this Allowance; nor does the Report -assign any particular wherein it may be judged to be so. - -This Allowance to the General can have no Influence upon the Contract it -self, which is annually made and signed at the _Treasury_, and the Price -regulated by what the States have agreed to pay for the Bread for their -Forces. I appeal to all the Officers who have served with me in -_Flanders_, whether the Forces in Her Majesty's Pay have not all along -had as much, and as good Bread, as those of the _States_, and at the -same Prices; which every Body will believe to be the Lowest, that -consider the Frugal Economy of the _States_, and the small Pay of their -Troops. And therefore I may safely conclude, that if the _English_ have -had their Bread as Cheap as the _Dutch_, they have had it as Cheap as -was possible. Nor indeed can it be imagined to be otherwise; for the -very supposition of two different Prices paid by different Troops in the -same Army, for the same Quantity of Bread, would occasion a Mutiny. - - * * * * * - -'Twill be necessary that I trouble the House with an account of the Time -and Occasion whence this Payment of Two and Half _per Cent._ by the -Foreign Troops commenced. - -During the last War, the Allowance by Parliament for the Contingencies -of the Army, of which that of Secret Service is the principal, was Fifty -Thousand Pounds _per Annum_; but this Allowance fell so far short of the -Expense on that Head, that upon the Prospect of this War's breaking out, -the Late King assured me, That this part of the Service never cost him -less than Seventy Thousand Pounds a year; However the Allowance of -Parliament for the whole Contingent Service during this War, has been -but Ten Thousand Pounds _per annum_; Three Thousand Pounds of which, or -thereabouts, has generally gone for other Contingencies, than that of -Intelligence. The Late King being unwilling to come to Parliament for -more Money on that Head of the Service, proposed this Allowance from the -Foreign Troops, as an Expedient to assist that part of the Service, and -Commanded me to make the Proposition to them; which I did accordingly, -and it was readily Consented to. By this Means a New Fund of about -Fifteen Thousand Pounds _per annum_, was provided for carrying on the -Secret Service, without any Expense to the Publick, or grievance to the -Troops from whom the Allowance was made: For when the Publick pays, -those Troops are not at all affected, or one Farthing increased in -Consideration of this Deduction; nor is there in any Conventions for -them any weight laid upon it, the Hire of Foreign Troops being governed -by settled Rules and Treaties, and the Convention of the _States_ for -them, being in the same Terms. - - * * * * * - -The true design of this Deduction being to supply the Secret Service, -Gentlemen, I hope, you will observe that this, together with the -_Article_ of the _Allowance_ by Parliament, when put together, doth fall -short of the _Allowance_ given by Parliament, in the last War, upon this -Head. - - - - -THE TORIES AND THE WAR OF THE SPANISH SUCCESSION (1712). - -+Source.+--Swift: _The Conduct of the Allies_. Vol. v., pp. 66-72. -Swift's Works, Bohn edition. - - -At the Revolution, a general war broke out in Europe, wherein many -princes joined in an alliance against France, to check the ambitious -designs of that monarch; and here the emperor, the Dutch, and England -were principals. About this time the custom first began among us of -borrowing millions upon funds of interest: It was pretended, that the -war could not possibly last above one or two campaigns; and that the -debts contracted might be easily paid in a few years, by a gentle tax, -without burthening the subject. But the true reason for embracing this -expedient, was the security of a new prince, not firmly settled on the -throne: People were tempted to lend, by great premiums and large -interest, and it concerned them nearly to preserve that government, -which they trusted with their money. The person[30] said to have been -author of so detestable a project, is still living, and lives to see -some of its fatal consequences, whereof his grandchildren will not see -an end. And this pernicious counsel closed very well with the posture of -affairs at that time: For, a set of upstarts, who had little or no part -in the Revolution, but valued themselves by their noise and pretended -zeal when the work was over, were got into credit at court, by the merit -of becoming undertakers and projectors of loans and funds: These, -finding that the gentlemen of estates were not willing to come into -their measures, fell upon those new schemes of raising money, in order -to create a monied interest, that might in time vie with the landed, and -of which they hoped to be at the head. - -The ground of the first war, for ten years after the Revolution, as to -the part we had in it, was, to make France acknowledge the late king, -and to recover Hudson's Bay. But during that whole war, the sea was -almost entirely neglected, and the greatest part of six millions -annually employed to enlarge the frontier of the Dutch. For the king was -a general, but not an admiral; and although King of England, was a -native of Holland. - -After ten years fighting to little purpose; after the loss of above an -hundred thousand men, and a debt remaining of twenty millions, we at -length hearkened to the terms of a peace, which was concluded with great -advantages to the empire and Holland, but none at all to us;[31] and -clogged soon after by the famous treaty of partition;[32] by which, -Naples, Sicily, and Lorrain, were to be added to the French dominions; -or if that crown should think fit to set aside the treaty, upon the -Spaniards refusing to accept it, as they declared they would, to the -several parties at the very time of transacting it; then the French -would have pretensions to the whole monarchy. And so it proved in the -event; for the late King of Spain reckoning it an indignity to have his -territories cantoned out into parcels, by other princes, during his own -life, and without his consent, rather chose to bequeath the monarchy -entire to a younger son of France: And this prince[33] was acknowledged -for King of Spain both by us and Holland. - -It must be granted, that the counsels of entering into this war were -violently opposed by the church-party, who first advised the late king -to acknowledge the Duke of Anjou; and particularly, 'tis affirmed that a -certain great person,[34] who was then in the church interest, told the -king in November, 1701, That since His Majesty was determined to engage -in a war so contrary to his private opinion, he could serve him no -longer, and accordingly gave up his employment; though he happened -afterwards to change his mind, when he was to be at the head of the -Treasury, and have the sole management of affairs at home; while those -abroad were to be in the hands of one, whose advantage, by all sorts of -ties, he was engaged to promote. - -The declarations of war against France and Spain, made by us and -Holland, are dated within a few days of each other. In that published by -the States, they say very truly That "they are nearest, and most exposed -to the fire; that they are blocked up on all sides, and actually -attacked by the Kings of France and Spain; that their declaration is the -effect of an urgent and pressing necessity;" with other expressions to -the same purpose. They "desire the assistance of all kings and princes," -&c. The grounds of their quarrel with France, are such as only affect -themselves, or at least more immediately than any other prince or state; -such as, "the French refusing to grant the Tariff promised by the treaty -of Ryswick; the loading the Dutch inhabitants settled in France, with -excessive duties, contrary to the said treaty; the violation of the -Partition Treaty, by the French accepting the King of Spain's will, and -threatening the States, if they would not comply; the seizing the -Spanish Netherlands by the French troops, and turning out the Dutch, who -by permission of the late King of Spain were in garrison there; by which -means that republic was deprived of her barrier, contrary to the treaty -of partition, where it was particularly stipulated, that the Spanish -Netherlands should be left to the archduke." They alleged, that "the -French king governed Flanders as his own, though under the name of his -grandson, and sent great numbers of troops thither to fright them: That -he had seized the city and citadel of Liège, had possessed himself of -several places in the archbishopric of Cologne, and maintained troops in -the country of Wolfenbuttel, in order to block up the Dutch on all -sides; and caused his resident to give in a memorial, wherein he -threatened the States to act against them, if they refused complying -with the contents of that memorial." - -The Queen's declaration of war is grounded upon the grand alliance, as -this was upon the unjust usurpations and encroachments of the French -king; whereof the instances produced are, "his keeping in possession a -great part of the Spanish dominions, seizing Milan and the Spanish Low -Countries, making himself master of Cadiz, &c. And instead of giving -satisfaction in these points, his putting an indignity and affront on -Her Majesty and kingdoms, by declaring the pretended Prince of Wales, K. -of England, &c.," which last was the only personal quarrel we had in the -war; and even this was positively denied by France, that king being -willing to acknowledge Her Majesty. - -I think it plainly appears by both declarations, that England ought no -more to have been a principal in this war, than Prussia, or any other -power, who came afterwards into that alliance. Holland was first in the -danger, the French troops being at that time just at the gates of -Nimeguen. But the complaints made in our declaration, do all, except the -last, as much or more concern almost every prince in Europe. - -For, among the several parties who came first or last into this -confederacy, there were but few who, in proportion, had more to get or -to lose, to hope or to fear, from the good or ill success of this war, -than we. The Dutch took up arms to defend themselves from immediate -ruin; and by a successful war, they proposed to have a larger extent of -country, and a better frontier against France. The emperor hoped to -recover the monarchy of Spain, or some part of it, for his younger son, -chiefly at the expense of us and Holland. The King of Portugal had -received intelligence, that Philip designed to renew the old pretensions -of Spain upon that kingdom, which is surrounded by the other on all -sides, except towards the sea, and could therefore only be defended by -maritime powers. This, with the advantageous terms offered by K. -Charles,[35] as well as by us, prevailed with that prince to enter into -the alliance. The Duke of Savoy's temptations and fears were yet -greater: The main charge of the war on that side was to be supplied by -England, and the profit to redound to him. In case Milan should be -conquered, it was stipulated that his highness should have the Duchy of -Montferrat, belonging to the Duke of Mantua, the provinces of Alexandria -and Valencia, and Lomellino, with other lands between the Po and the -Tanaro, together with the Vigevenasco, or in lieu of it, an equivalent -out of the province of Novara, adjoining to his own state; beside -whatever else could be taken from France on that side by the confederate -forces. Then, he was in terrible apprehensions of being surrounded by -France, who had so many troops in the Milanese, and might have easily -swallowed up his whole duchy. - -The rest of the allies came in purely for subsidies, whereof they sunk -considerable sums into their own coffers, and refused to send their -contingent to the emperor, alleging their troops were already hired by -England and Holland. - -Some time after the Duke of Anjou's succeeding to the monarchy of Spain, -in breach of the partition treaty, the question here in England was, -Whether the peace should be continued, or a new war begun. Those who -were for the former alleged the debts and difficulties we laboured -under; that both we and the Dutch had already acknowledged Philip for -King of Spain; that the inclinations of the Spaniards to the house of -Austria, and their aversion for that of Bourbon, were not so surely to -be reckoned upon, as some would pretend; that we thought it a piece of -insolence, as well as injustice, in the French to offer putting a king -upon us; and the Spaniards would conceive, we had as little reason to -force one upon them; that it was true, the nature and genius of those -two people differed very much, and so would probably continue to do, as -well under a king of French blood, as one of Austrian; but, that if we -should engage in a war for dethroning the D. of Anjou, we should -certainly effect what, by the progress and operations of it, we -endeavoured to prevent, I mean an union of interest and affections -between the two nations; for the Spaniards must of necessity call in -French troops to their assistance: This would introduce French -counsellors into King Phillip's court; and this, by degrees, would -habituate and reconcile the two nations: That to assist King Charles by -English or Dutch forces, would render him odious to his new subjects, -who have nothing in so great an abomination, as those whom they hold for -heretics: That the French would by this means become masters of the -treasures in the Spanish West Indies: That, in the last war, when Spain, -Cologne, and Bavaria were in our alliance, and by a modest computation -brought sixty thousand men into the field against the common enemy; when -Flanders, the seat of war, was on our side, and His Majesty, a prince of -great valour and conduct, at the head of the whole confederate army; yet -we had no reason to boast of our success: How then should we be able to -oppose France with those powers against us, which would carry sixty -thousand men from us to the enemy, and so make us, upon the balance, -weaker by one hundred and twenty thousand men at the beginning of this -war, than of that in 1688? - -On the other side, those whose opinion, or some private motives, -inclined them to give their advice for entering into a new war, alleged -how dangerous it would be for England, that Philip should be King of -Spain; that we could have no security for our trade, while that kingdom -was subject to a prince of the Bourbon family; nor any hopes of -preserving the balance of Europe, because the grandfather would, in -effect, be king, while his grandson had but the title, and thereby have -a better opportunity than ever of pursuing his design for universal -monarchy. These and the like arguments prevailed; and so, without -offering at any other remedy, without taking time to consider the -consequences, or to reflect on our own condition, we hastily engaged in -a war which hath cost us sixty millions; and after repeated, as well as -unexpected success in arms, hath put us and our posterity in a worse -condition, not only than any of our allies, but even our conquered -enemies themselves. - -The part we have acted in the conduct of this whole war, with reference -to our allies abroad, and to a prevailing faction at home, is what I -shall now particularly examine; where I presume it will appear, by plain -matters of fact, that no nation was ever so long or so scandalously -abused by the folly, the temerity, the corruption, the ambition of its -domestic enemies; or treated with so much insolence, injustice and -ingratitude by its foreign friends. - -This will be manifest by proving the three following points. - -_First_, That against all manner of prudence, or common reason, we -engaged in this war as principals, when we ought to have acted only as -auxiliaries. - -_Secondly_, That we spent all our vigour in pursuing that part of the -war which could least answer the end we proposed by beginning of it; and -made no efforts at all where we could have most weakened the common -enemy, and at the same time enriched ourselves. - -_Lastly_, That we suffered each of our allies to break every article in -those treaties and agreements by which they were bound, and to lay the -burthen upon us. - -[30] Dr. Gilbert Burnet, Bishop of Sarum. - -[31] The Peace of Ryswick, concluded in October, 1697. All that Louis -did for England by that peace was to acknowledge William as King of -England, and to engage not to assist his enemies. The Dutch and Leopold, -however, were much better treated. The former had its commerce -re-established, while to the latter were given many fortresses and -towns, and advantages strengthening his empire. The Peace of Ryswick was -truly not a peace, but a temporary cessation of hostilities. - -[32] The Partition Treaties arose out of the troublesome question of the -Spanish succession. After the Peace of Ryswick William III. and Louis -XIV. attempted to settle this question by a partition of the Spanish -possessions. - -[33] This was Philip of Anjou, second son of the Dauphin. - -[34] Sidney Godolphin, one of the greatest financiers among English -statesmen. He was Lord High Treasurer under Queen Anne, and an intimate -friend, as well as relative by marriage, of Marlborough. He was created -an Earl in 1706, but was removed from his office at the fall of the Whig -ministry in 1710. - -[35] The Archduke Charles, who styled himself Charles III. of Spain. - - - - -VICAR OF BRAY. - -_Old Song Composed in the time of George I._ - - -The song illustrates the many changes of religion in the later Stuart -period. - - 1. In good King Charles's golden days - When loyalty no harm meant, - A zealous High-Churchman was I, - And so I got preferment. - To teach my flock, I never missed, - Kings were by God appointed, - And damned are those that dare resist - Or touch the Lord's anointed. - - _Chorus._ And this is law that I'll maintain - Until my dying day, sir, - That whatsoever King shall reign - I'll still be Vicar of Bray, sir. - - 2. When royal James possessed the Crown - And Popery came in fashion - The penal laws I hooted down - And signed the Declaration. - The Church of Rome I found would fit - Full well my constitution, - And I had been a Jesuit - But for the Revolution. - - _Chorus._ And this is law, etc. - - 3. When William was our King declared - To ease the nation's grievance, - With this new wind about I steered - And swore to him allegiance. - Old principles I did revoke, - Set conscience at a distance; - Passive obedience was a joke, - A jest was non-resistance. - - _Chorus._ And this is law, etc. - - 4. When royal Anne became our Queen, - --The Church of England's glory,-- - Another face of this was seen - And I became a Tory. - Occasional Conformists base - I blamed their moderation, - And thought the Church in danger was - By such prevarication. - - _Chorus._ And this is law, etc. - - 5. When George in Pudding-time came o'er, - And moderate men looked big, sir, - My principles I changed once more, - And thus became a Whig, sir. - And so preferment I secured - From our new faith's defender, - And almost every day abjured - The Pope and the Pretender. - - _Chorus._ And this is law, etc. - - 6. The illustrious House of Hanover - And Protestant Succession, - To them I do allegiance swear-- - Whilst they can keep possession. - For in my faith and loyalty - I never more shall falter, - And George my lawful King shall be-- - Until the times do alter. - - _Chorus._ And this is law, etc. - - - - -BELL'S ENGLISH HISTORY SOURCE BOOKS - -Scope of the Series and Arrangement of Volumes. - - - 1. Roman Britain to 449. - 2. 449-1066. - 3. 1066-1154. - 4. 1154-1216. - 5. 1216-1307. - 6. 1307-1399. - 7. 1399-1485. - 8. 1485-1547. - 9. 1547-1603. _Immediately._ - 10. 1603-1660. _Now Ready._ - 11. 1660-1714. " - 12. 1714-1760. _Immediately._ - 13. 1760-1801. _Now Ready._ - 14. 1801-1815. _Immediately._ - 15. 1815-1837. - 16. 1837-1856. - 17. 1856-1876. - 18. 1876-1887. - 19. 1887-1901. - 20. 1901-1912. - - - _The volumes are issued in uniform style._ - _Price 1s. net each._ - - - - -BILLING AND SONS, LTD., PRINTERS, GUILDFORD - - - - - -End of the Project Gutenberg EBook of A Constitution in Making (1660-1714), by -G. B. 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