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Title: A Constitution in Making (1660-1714)
Author: Perrett, G. B.
Language: English
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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
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