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diff --git a/old/44410-h/44410-h.htm b/old/44410-h/44410-h.htm new file mode 100644 index 0000000..0432fae --- /dev/null +++ b/old/44410-h/44410-h.htm @@ -0,0 +1,29691 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> + +<html xmlns="http://www.w3.org/1999/xhtml"> + <head> + <meta http-equiv="Content-Type" content="text/html;charset=utf-8" /> + <meta http-equiv="Content-Style-Type" content="text/css" /> + <title> + The Project Gutenberg eBook of Constitutional History of England, Vol. 3, by Henry Hallam. + </title> + <style type="text/css"> + +body { + margin-left: 10%; + margin-right: 10%; +} + +h1{ + text-align: center; + clear: both; + margin-top: 6em; + font-size: 2.0em; +} + +h2 {text-align: center; + clear: both; + margin-top: 4em; + margin-bottom: 1em; + font-size: 1.2em; + line-height: 2em; +} +.chap1 {margin-top: 2em;} + +p { + margin-top: .75em; + text-align: left; + margin-bottom: .75em; +} + +.pagenum { + position: absolute; + left: 92%; + font-size: smaller; + text-align: right; + font-style: normal; +} +hr { + width: 33%; + margin-top: 1em; + margin-bottom: 1em; + margin-left: 33%; + margin-right: auto; + clear: both; +} + +hr.l15 { width: 15%; + margin-left: 42%; } + +.center { text-align: center; } + +.smcap { font-variant: small-caps; } + +.caption { + font-weight: bold; + margin-left: 15%; + margin-right: 15%; + text-align: center; + margin-bottom: 2em; +} + +ul.none { list-style-type:none; } + +ul.idx { list-style-type: none; + margin-left: 15%; + margin-right: 15%;} +li { + margin-left: 1em; + text-indent: -1em; +} + +li.alpha {margin-top: 2em;} + +.figright { + float: right; + clear: right; + margin-left: 1em; + margin-bottom: 1em; + margin-top: 1em; + margin-right: 0; + padding: 0; + text-align: center; +} + +.figleft { + float: left; + clear: left; + margin-left: 0; + margin-bottom: 1em; + margin-top: 1em; + margin-right: 1em; + padding: 0; + text-align: center; +} + +.footnote { + margin-left: 10%; + margin-right: 10%; + font-size: 0.9em; +} + +.footnotes { border: dashed 1px; + margin-top: 6em; } +.fntitle { margin-top: 1em;} +.footnote .label { + position: absolute; + right: 84%; + text-align: right; +} + +.fnanchor { + vertical-align: super; + font-size: .8em; + text-decoration: + none; +} + +.p6 {margin-top: 6em;} + +.b12 {font-size:1.2em;} +.s08 {font-size:.8em;} + +table { + margin-left: auto; + margin-right: auto; + empty-cells: show; +} + +td {padding-left: 1em; + padding-right: 1em; +} + +.tdchap { text-align: center; + padding-top: .75em; + line-height: 1.5em;} + +.tdh { text-indent: -1em; + margin-left: 1em; + padding-top: 1em; + padding-bottom: 1.25em;} + +.tdpg {text-align: right; + vertical-align: bottom; + padding-bottom: 1.25em;} + +.tnbox { + margin-left: auto; + margin-right: auto; + margin-bottom: 8em; + margin-top: auto; + text-align: center; + border: 1px solid; + padding: 1em; + color: black; + background-color: #f6f2f2; + width: 25em; +} + +.greek { border-bottom: thin dotted #999; } + +.title_block { + margin-left: 20%; + margin-right: 20%; +} + +p.bjust { + text-align:justify; +} + + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of Constitutional History of England, volume 3 +of 3, by Henry Hallam + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Constitutional History of England, volume 3 of 3 + Henry VII to George II + +Author: Henry Hallam + +Release Date: December 11, 2013 [EBook #44410] + +Language: English + +Character set encoding: UTF-8 + +*** START OF THIS PROJECT GUTENBERG EBOOK CONST. HISTORY OF ENGLAND, VOL 3 *** + + + + +Produced by Melissa McDaniel and the Online Distributed +Proofreading Team at http://www.pgdp.net (This file was +produced from images generously made available by The +Internet Archive) + + + + + + +</pre> + + +<div class="tnbox"> +<p class="center"><b>Transcriber's Note:</b></p> +<p>Obvious typographical errors have been corrected. +Inconsistent spelling and hyphenation in the original +document have been preserved.</p> + +<p>On <a href="#Page_74">page 74</a>, Christiern II. of Denmark may be a typo.<br /> +<a href="#Footnote_36">Footnote 36</a>, peer should possibly be peers.<br /> +<a href="#Footnote_133">Footnote 133</a>, confidents should possibly be confidants.<br /> +<a href="#Footnote_210">Footnote 210</a>, domanial should possibly be domainal.</p> + +<p>The Index to this volume links to the first two volumes of this series. The links are +designed to work when the book is read online. If you want to download the +volumes, you will need to change the links to point to the correct file names on your +own device. The first two volumes may be found at Project Gutenberg.</p> +<ul class="none"> +<li><a href="http://www.gutenberg.org/etext/39711">Volume 1: www.gutenberg.org/etext/39711</a></li> +<li><a href="http://www.gutenberg.org/etext/42179">Volume 2: www.gutenberg.org/etext/42179</a></li> +</ul> +</div> + +<div class="title_block"> +<p class="b12 center p6"> +EVERYMAN'S LIBRARY<br /> +EDITED BY ERNEST RHYS</p> + +<p class="center b12 p6">HISTORY</p> + +<p class="b12 p6 center">HALLAM'S<br /> +CONSTITUTIONAL HISTORY<br /> +WITH AN INTRODUCTION BY<br /> +<span class="smcap">Professor</span> J. H. MORGAN<br /> +VOLUME THREE</p> + +<p class="p6 bjust"><span class="smcap">THE PUBLISHERS OF</span> <i>EVERYMAN'S +LIBRARY</i> <span class="smcap">WILL BE PLEASED TO SEND +FREELY TO ALL APPLICANTS A LIST +OF THE PUBLISHED AND PROJECTED +VOLUMES TO BE COMPRISED UNDER +THE FOLLOWING THIRTEEN HEADINGS</span>:</p> +<hr class="l15" /> +<p class="center"> +TRAVEL * SCIENCE * FICTION<br /> +THEOLOGY & PHILOSOPHY<br /> +HISTORY * CLASSICAL<br /> +FOR YOUNG PEOPLE<br /> +ESSAYS * ORATORY<br /> +POETRY & DRAMA<br /> +BIOGRAPHY<br /> +REFERENCE<br /> +ROMANCE</p> +<hr class="l15" /> + +<p class="bjust">IN FOUR STYLES OF BINDING: CLOTH, +FLAT BACK, COLOURED TOP; LEATHER, +ROUND CORNERS, GILT TOP; LIBRARY +BINDING IN CLOTH, & QUARTER PIGSKIN</p> +<hr class="l15" /> +<p class="center"><span class="smcap">London: J. M. DENT & SONS, Ltd.</span><br /> +<span class="smcap">New York: E. P. DUTTON & CO.</span></p> +</div> + +<div class="figleft p6"> +<img src="images/title_recto.jpg" width="277" height="450" alt="Frontispiece" /> + +<p class="caption"> +"CONSIDER<br /> +HISTORY<br /> +WITH THE<br /> +BEGINNINGS OF<br /> +IT STRETCHING<br /> +DIMLY INTO THE<br /> +REMOTE TIME; EMERGING +DARKLY<br /> +OUT OF THE<br /> +MYSTERIOUS<br /> +ETERNITY:<br /> +THE TRUE EPIC<br /> +POEM AND UNIVERSAL<br /> +DIVINE<br /> +SCRIPTURE..."<br /> +<br /> +CARLYLE</p> +</div> + +<div class="figright p6"> + +<img id="coverpage" src="images/title.jpg" width="281" height="450" alt="Title Page" /> + +<p class="caption"> +CONSTITUTIONAL<br /> +HISTORY of<br /> +ENGLAND<br /> +HENRY VII TO<br /> +GEORGE II<br /> +BY HENRY<br /> +HALLAM: <span class="smcap">VOL. 3</span><br /> +<br /> + +LONDON: PUBLISHED<br /> +by J. M. DENT & SONS L<sup>TD</sup><br /> +AND IN NEW YORK<br /> +BY E. P. DUTTON & CO</p> +</div> + +<p><span class="pagenum"><a name="Page_VII" id="Page_VII">vii</a></span></p> + +<h2>CONTENTS</h2> + +<table summary="Table of Contents"> +<col width="85%" /> +<col width="15%" /> +<tr> +<td class="tdchap" colspan="2">CHAPTER XIII<br /> +ON THE STATE OF THE CONSTITUTION UNDER CHARLES II.</td> +</tr> +<tr> +<td class="tdh"> +Effect of the Press—Restrictions upon it before and after the Restoration—Licensing +Acts—Political Writings checked by the Judges—Instances +of illegal Proclamations not numerous—Juries fined for +Verdicts—Question of their Right to return a General Verdict—Habeas +Corpus Act passed—Differences between Lords and Commons—Judicial +Powers of the Lords historically traced—Their Pretensions +about the Time of the Restoration—Resistance made by the Commons—Dispute +about their original Jurisdiction—And that in Appeals +from Courts of Equity—Question of the exclusive Right of the +Commons as to Money-bills—Its History—The Right extended +farther—State of the Upper House under the Tudors and Stuarts—Augmentation +of the Temporal Lords—State of the Commons—Increase +of their Members—Question as to Rights of Election—Four +different Theories as to the Original Principle—Their Probability +considered</td> +<td class="tdpg"><a href="#Page_1">Page 1</a></td> +</tr> +<tr> +<td class="tdchap" colspan="2">CHAPTER XIV<br /> +THE REIGN OF JAMES II.</td> +</tr> +<tr> +<td class="tdh">Designs of the King—Parliament of 1685—King's Intention to repeal the +Test Act—Deceived as to the Dispositions of his Subjects—Prorogation +of Parliament—Dispensing Power confirmed by the Judges—Ecclesiastical +Commission—King's Scheme of establishing Popery—Dismissal +of Lord Rochester—Prince of Orange alarmed—Plan of +setting the Princess aside—Rejected by the King—Overtures of the +Malcontents to Prince of Orange—Declaration for Liberty of Conscience—Addresses +in favour of it—New-modelling of the Corporations—Affair +of Magdalen College—Infatuation of the King—His Coldness +towards Louis—Invitation signed to the Prince of Orange—Birth of +Prince of Wales—Justice and Necessity of the Revolution—Favourable +Circumstances attending it—Its salutary Consequences—Proceedings +of the Convention—Ended by the Elevation of William and +Mary to the Throne</td> +<td class="tdpg"><a href="#Page_43">Page 43</a></td> +</tr> +<tr> +<td class="tdchap" colspan="2">CHAPTER XV<br /> +ON THE REIGN OF WILLIAM III.</td> +</tr> +<tr> +<td class="tdh">Declaration of Rights—Bill of Rights—Military Force without Consent +declared illegal—Discontent with the new Government—its Causes—Incompatibility +of the Revolution with received Principles—Character +<span class="pagenum"><a name="Page_VIII" id="Page_VIII">viii</a></span> +and Errors of William—Jealousy of the Whigs—Bill of Indemnity—Bill +for Restoring Corporations—Settlement of the Revenue—Appropriation +of Supplies—Dissatisfaction of the King—No Republican +Party in Existence—William employs Tories in Ministry—Intrigues +with the late King—Schemes for his Restoration—Attainder of Sir +John Fenwick—Ill Success of the War—Its Expenses—Treaty of +Ryswick—Jealousy of the Commons—Army reduced—Irish Forfeitures +resumed—Parliamentary Enquiries—Treaties of Partition—Improvements +in Constitution under William—Bill for Triennial +Parliaments—Law of Treason—Statute of Edward III.—Its constructive +Interpretation—Statute of William III.—Liberty of the +Press—Law of Libel—Religious Toleration—Attempt at Comprehension—Schism +of the Non-jurors—Laws against Roman Catholics—Act +of Settlement—Limitations of Prerogative contained in it—Privy +Council superseded by a Cabinet—Exclusion of Placemen and +Pensioners from Parliament—Independence of Judges—Oath of +Abjuration</td> +<td class="tdpg"><a href="#Page_90">Page 90</a></td> +</tr> +<tr> +<td class="tdchap" colspan="2">CHAPTER XVI<br /> + +ON THE STATE OF THE CONSTITUTION IN THE REIGNS OF ANNE, +GEORGE I., AND GEORGE II.</td> +</tr> +<tr> +<td class="tdh">Termination of Contest between the Crown and Parliament—Distinctive +Principles of Whigs and Tories—Changes effected in these by Circumstances—Impeachment +of Sacheverel displays them again—Revolutions +in the Ministry under Anne—War of the Succession—Treaty of +Peace broken off—Renewed again by the Tory Government—Arguments +for and against the Treaty of Utrecht—The Negotiation mismanaged—Intrigues +of the Jacobites—Some of the Ministers engage +in them—Just alarm for the Hanover Succession—Accession of +George I.—Whigs come into Power—Great Disaffection in the +Kingdom—Impeachment of Tory Ministers—Bill for septennial Parliaments—Peerage +Bill—Jacobitism among the Clergy—Convocation—Its +Encroachments—Hoadley—Convocation no longer suffered to +sit—Infringements of the Toleration by Statutes under Anne—They +are repealed by the Whigs—Principles of Toleration fully established—Banishment +of Atterbury—Decline of the Jacobites—Prejudices +against the reigning Family—Jealousy of the Crown—Changes in the +Constitution whereon it was founded—Permanent military Force—Apprehensions +from it—Establishment of Militia—Influence over +Parliament by Places and Pensions—Attempts to restrain it—Place +Bill of 1743—Secret Corruption—Commitments for Breach of Privilege—of +Members for Offences—of Strangers for Offences against Members—or +for Offences against the House—Kentish Petition of 1701—Dispute +with Lords about Aylesbury Election—Proceedings against +Mr. Murray in 1751—Commitments for Offences unconnected with the +House—Privileges of the House not controllable by Courts of Law—Danger +of stretching this too far—Extension of Penal Laws—Diminution +<span class="pagenum"><a name="Page_IX" id="Page_IX">ix</a></span> +of personal Authority of the Crown—Causes of this—Party +Connections—Influence of Political Writings—Publication of Debates—Increased +Influence of the Middle Ranks</td> +<td class="tdpg"><a href="#Page_175">Page 175</a></td> +</tr> +<tr> +<td class="tdchap" colspan="2">CHAPTER XVII<br /> + +ON THE CONSTITUTION OF SCOTLAND</td> +</tr> +<tr> +<td class="tdh">Early State of Scotland—Introduction of Feudal System—Scots Parliament—Power +of the Aristocracy—Royal Influence in Parliament—Judicial +Power—Court of Session—Reformation—Power of the +Presbyterian Clergy—Their Attempts at Independence on the State—Andrew +Melville—Success of James VI. in restraining them—Establishment +of Episcopacy—Innovations of Charles I.—Arbitrary +Government—Civil War—Tyrannical Government of Charles II.—Reign +of James VII.—Revolution and Establishment of Presbytery—Reign +of William III.—Act of Security—Union—Gradual Decline +of Jacobitism</td> +<td class="tdpg"><a href="#Page_266">Page 266</a></td> +</tr> +<tr> +<td class="tdchap" colspan="2">CHAPTER XVIII<br /> +ON THE CONSTITUTION OF IRELAND</td> +</tr> +<tr> +<td class="tdh">Ancient State of Ireland—Its Kingdoms and Chieftainships—Law of +Tanistry and Gavel-kind—Rude State of Society—Invasion of Henry +II.—Acquisitions of English Barons—Forms of English Constitution +established—Exclusion of Native Irish from them—Degeneracy of +English Settlers—Parliament of Ireland—Disorderly State of the +Island—The Irish regain part of their Territories—English Law +confined to the Pale—Poyning's Law—Royal Authority revives under +Henry VIII.—Resistance of Irish to Act of Supremacy—Protestant +Church established by Elizabeth—Effects of this Measure—Rebellions +of her Reign—Opposition in Parliament—Arbitrary Proceedings of +Sir Henry Sidney—James I.—Laws against Catholics enforced—English +Law established throughout Ireland—Settlements of English +in Munster, Ulster, and other Parts—Injustice attending them—Constitution +of Irish Parliament—Charles I. promises Graces to the Irish—Does +not confirm them—Administration of Strafford—Rebellion +of 1641—Subjugation of Irish by Cromwell—Restoration of Charles II.—Act +of Settlement—Hopes of Catholics under Charles and James—War +of 1689, and final Reduction of Ireland—Penal Laws against +Catholics—Dependence of Irish on English Parliament—Growth of a +Patriotic Party in 1753</td> +<td class="tdpg"><a href="#Page_299">Page 299</a></td> +</tr> +</table> + +<p><span class="pagenum"><a name="Page_1" id="Page_1">1</a></span></p> + +<h1>CONSTITUTIONAL HISTORY<br /> +OF ENGLAND<br /> +<br /> +<span class="s08">FROM HENRY VII. TO GEORGE II.</span></h1> + +<h2 class="chap1">CHAPTER XIII<br /> +<span class="s08">ON THE STATE OF THE CONSTITUTION UNDER CHARLES II.</span></h2> + +<p>It may seem rather an extraordinary position, after the last +chapters, yet is strictly true, that the fundamental privileges +of the subject were less invaded, the prerogative swerved into +fewer excesses, during the reign of Charles II. than perhaps in +any former period of equal length. Thanks to the patriot +energies of Selden and Eliot, of Pym and Hampden, the constitutional +boundaries of royal power had been so well established +that no minister was daring enough to attempt any +flagrant and general violation of them. The frequent session +of parliament, and its high estimation of its own privileges, +furnished a security against illegal taxation. Nothing of this +sort has been imputed to the government of Charles, the first +King of England, perhaps, whose reign was wholly free from +such a charge. And as the nation happily escaped the attempts +that were made after the restoration, to revive the star-chamber +and high-commission courts, there was no means of chastising +political delinquencies, except through the regular tribunals of +justice, and through the verdict of a jury. Ill as the one were +often constituted, and submissive as the other might often be +found, they afforded something more of a guarantee, were it +only by the publicity of their proceedings, than the dark and +silent divan of courtiers and prelates who sat in judgment under +the two former kings. Though the bench was frequently subservient, +the bar contained high-spirited advocates, whose firm +defence of their clients the judges often reproved, but no longer +affected to punish. The press, above all, was in continual +<span class="pagenum"><a name="Page_2" id="Page_2">2</a></span> +service. An eagerness to peruse cheap and ephemeral tracts +on all subjects of passing interest had prevailed ever since the +reformation. These had been extraordinarily multiplied from +the meeting of the long parliament. Some thousand pamphlets +of different descriptions, written between that time and the +restoration, may be found in the British Museum; and no +collection can be supposed to be perfect. It would have required +the summary process and stern severity of the court of star-chamber +to repress this torrent, or reduce it to those bounds +which a government is apt to consider as secure. But the +measures taken with this view under Charles II. require to be +distinctly noticed.</p> + +<p><i>Effect of the press</i>—<i>Restrictions upon it before and after the +restoration.</i>—In the reign of Henry VIII., when the political +importance of the art of printing, especially in the great question +of the reformation, began to be apprehended, it was thought +necessary to assume an absolute control over it, partly by the +king's general prerogative, and still more by virtue of his +ecclesiastical supremacy.<a name="FNanchor_1" id="FNanchor_1" href="#Footnote_1" class="fnanchor">[1]</a> + Thus it became usual to grant by +letters patent the exclusive right of printing the Bible or religious +books, and afterwards all others. The privilege of keeping +presses was limited to the members of the stationers' company, +who were bound by regulations established in the reign of Mary +by the star-chamber, for the contravention of which they incurred +the speedy chastisement of that vigilant tribunal. These +regulations not only limited the number of presses, and of men +who should be employed on them, but subjected new publications +to the previous inspection of a licencer. The long +parliament did not hesitate to copy this precedent of a tyranny +they had overthrown; and by repeated ordinances against +unlicensed printing, hindered, as far as in them lay, this great +instrument of political power from serving the purposes of their +adversaries. Every government, however popular in name or +<span class="pagenum"><a name="Page_3" id="Page_3">3</a></span> +origin, must have some uneasiness from the great mass of the +multitude, some vicissitudes of public opinion to apprehend; +and experience shows that republics, especially in a revolutionary +season, shrink as instinctively, and sometimes as reasonably, +from an open licence of the tongue and pen, as the most jealous +court. We read the noble apology of Milton for the freedom of +the press with admiration; but it had little influence on the +parliament to whom it was addressed.</p> + +<p><i>Licensing acts.</i>—It might easily be anticipated, from the +general spirit of Lord Clarendon's administration, that he +would not suffer the press to emancipate itself from these +established shackles.<a name="FNanchor_2" id="FNanchor_2" href="#Footnote_2" class="fnanchor">[2]</a> + A bill for the regulation of printing +failed in 1661, from the Commons' jealousy of the Peers who +had inserted a clause exempting their own houses from search.<a name="FNanchor_3" id="FNanchor_3" href="#Footnote_3" class="fnanchor">[3]</a> + +But next year a statute was enacted, which, reciting the well-government +and regulating of printers and printing-presses to +be matter of public care and concernment, and that by the +general licentiousness of the late times many evil-disposed +persons had been encouraged to print and sell heretical and +seditious books, prohibits every private person from printing +any book or pamphlet, unless entered with the stationers' +company, and duly licensed in the following manner; to wit, +books of law by the chancellor or one of the chief justices, of +history and politics by the secretary of state, of heraldry by the +kings at arms, of divinity, physic or philosophy, by the bishops +of Canterbury or London, or if printed in either university, +by its chancellor. The number of master-printers was limited +to twenty; they were to give security, to affix their names, and +to declare the author, if required by the licencer. The king's +messengers, by warrant from a secretary of state, or the master +and wardens of the stationers' company, were empowered to +seize unlicensed copies wherever they should think fit to search +for them, and, in case they should find any unlicensed book +suspected to contain matters contrary to the church or state, +they were to bring them to the two bishops before mentioned, +or one of the secretaries. No books were allowed to be printed +out of London, except in York and in the universities. The +penalties for printing without licence were of course heavy.<a name="FNanchor_4" id="FNanchor_4" href="#Footnote_4" class="fnanchor">[4]</a> + +<span class="pagenum"><a name="Page_4" id="Page_4">4</a></span> +This act was only to last three years; and after being twice +renewed (the last time until the conclusion of the first session +of the next parliament), expired consequently in 1679; an æra +when the House of Commons were happily in so different a +temper that any attempt to revive it must have proved abortive. +During its continuance, the business of licensing books was +entrusted to Sir Roger L'Estrange, a well-known pamphleteer +of that age, and himself a most scurrilous libeller in behalf of the +party he espoused, that of popery and despotic power. It is +hardly necessary to remind the reader of the objections that +were raised to one or two lines in <i>Paradise Lost</i>.</p> + +<p><i>Political writings checked by the judges.</i>—Though a previous +licence ceased to be necessary, it was held by all the judges, +having met for this purpose (if we believe Chief Justice Scroggs) +by the king's command, that all books scandalous to the government +or to private persons may be seized, and the authors or +those exposing them punished: and that all writers of false +news, though not scandalous or seditious, are indictable on that +account.<a name="FNanchor_5" id="FNanchor_5" href="#Footnote_5" class="fnanchor">[5]</a> + But in a subsequent trial he informs the jury that, +"when by the king's command we were to give in our opinion +what was to be done in point of regulation of the press, we did +all subscribe that to print or publish any news, books, or +pamphlets of news whatsoever is illegal; that it is a manifest +intent to the breach of the peace, and they may be proceeded +against by law as an illegal thing.<a name="FNanchor_6" id="FNanchor_6" href="#Footnote_6" class="fnanchor">[6]</a> + Suppose now that this thing +is not scandalous, what then? If there had been no reflection +in this book at all, yet it is <i>illicite</i>; and the author ought to be +convicted for it. And that is for a public notice to all people, +and especially printers and booksellers, that they ought to +print no book or pamphlet of news whatsoever without +authority." The pretended libel in this case was a periodical +pamphlet, entitled the <i>Weekly Pacquet of Advice from Rome</i>; +being rather a virulent attack on popery, than serving the +purpose of a newspaper. These extraordinary propositions +were so far from being loosely advanced, that the court of +<span class="pagenum"><a name="Page_5" id="Page_5">5</a></span> +king's bench proceeded to make an order, that the book should +no longer be printed or published by any person whatsoever.<a name="FNanchor_7" id="FNanchor_7" href="#Footnote_7" class="fnanchor">[7]</a> + +Such an order was evidently beyond the competence of that +court, were even the prerogative of the king in council as high +as its warmest advocates could strain it. It formed accordingly +one article of the impeachment voted against Scroggs in the next +session.<a name="FNanchor_8" id="FNanchor_8" href="#Footnote_8" class="fnanchor">[8]</a> + Another was for issuing general warrants (that is, +warrants wherein no names are mentioned) to seize seditious +libels and apprehend their authors.<a name="FNanchor_9" id="FNanchor_9" href="#Footnote_9" class="fnanchor">[9]</a> + But this impeachment +having fallen to the ground, no check was put to general warrants, +at least from the secretary of state, till the famous judgment +of the court of common pleas in 1764.</p> + +<p><i>Instances of illegal proclamations not numerous.</i>—Those encroachments +on the legislative supremacy of parliament, and +on the personal rights of the subject, by means of proclamations +issued from the privy council, which had rendered former +princes of both the Tudor and Stuart families almost arbitrary +masters of their people, had fallen with the odious tribunal by +which they were enforced. The king was restored to nothing +but what the law had preserved to him. Few instances appear +of illegal proclamations in his reign. One of these, in 1665, +required all officers and soldiers who had served in the armies +of the late usurped powers to depart the cities of London and +Westminster, and not to return within twenty miles of them +before the November following. This seems connected with +the well-grounded apprehension of a republican conspiracy.<a name="FNanchor_10" id="FNanchor_10" href="#Footnote_10" class="fnanchor">[10]</a> + +Another, immediately after the fire of London, directed the +mode in which houses should be rebuilt, and enjoined the lord +mayor and other city magistrates to pull down whatsoever +obstinate and refractory persons might presume to erect upon +pretence that the ground was their own; and especially that no +houses of timber should be erected for the future.<a name="FNanchor_11" id="FNanchor_11" href="#Footnote_11" class="fnanchor">[11]</a> + Though +the public benefit of this restriction, and of some order as to the +rebuilding of a city which had been destroyed in great measure +through the want of it, was sufficiently manifest, it is impossible +to justify the tone and tenor of this proclamation; and +more particularly as the meeting of parliament was very near +<span class="pagenum"><a name="Page_6" id="Page_6">6</a></span> +at hand. But an act having passed therein for the same purpose, +the proclamation must be considered as having had little effect. +Another instance, and far less capable of extenuation, is a +proclamation for shutting up coffee-houses, in December 1675. +I have already mentioned this as an intended measure of Lord +Clarendon. Coffee-houses were all at that time subject to a +licence, granted by the magistrates at quarter sessions. But, +the licences having been granted for a certain time, it was justly +questioned whether they could in any manner be revoked. +This proclamation being of such disputable legality, the judges, +according to North, were consulted, and intimating to the +council that they were not agreed in opinion upon the most +material questions submitted to them, it seemed advisable to +recall it.<a name="FNanchor_12" id="FNanchor_12" href="#Footnote_12" class="fnanchor">[12]</a> + In this essential matter of proclamations, therefore, +the administration of Charles II. is very advantageously compared +with that of his father; and considering at the same time +the entire cessation of impositions of money without consent of +parliament, we must admit that, however dark might be his +designs, there were no such general infringements of public liberty +in his reign as had continually occurred before the long parliament.</p> + +<p>One undeniable fundamental privilege had survived the shocks +of every revolution; and in the worst times, except those of the +late usurpation, had been the standing record of primeval +liberty—the trial by jury: whatever infringement had been +made on this, in many cases of misdemeanour, by the pretended +jurisdiction of the star-chamber, it was impossible, after the bold +reformers of 1641 had lopped off that unsightly excrescence +from the constitution, to prevent a criminal charge from passing +the legal course of investigation through the inquest of a grand +jury, and the verdict in open court of a petty jury. But the +judges, and other ministers of justice, for the sake of their own +authority or that of the Crown, devised various means of +subjecting juries to their own direction, by intimidation, by +unfair returns of the panel, or by narrowing the boundaries of +their lawful function.</p> + +<p><i>Juries fined for verdicts.</i>—It is said to have been the practice +in early times, as I have mentioned from Sir Thomas Smith in +another place, to fine juries for returning verdicts against the +direction of the court, even as to matter of evidence, or to +summon them before the star-chamber. It seems that instances +<span class="pagenum"><a name="Page_7" id="Page_7">7</a></span> +of this kind were not very numerous after the accession of +Elizabeth; yet a small number occur in our books of reports. +They were probably sufficient to keep juries in much awe. But +after the restoration, two judges, Hyde and Keeling, successively +chief justices of the king's bench, took on them to exercise a +pretended power, which had at least been intermitted in the +time of the commonwealth. The grand jury of Somerset having +found a bill for manslaughter instead of murder, against the +advice of the latter judge, were summoned before the court of +king's bench, and dismissed with a reprimand instead of a fine.<a name="FNanchor_13" id="FNanchor_13" href="#Footnote_13" class="fnanchor">[13]</a> + +In other cases fines were set on petty juries for acquittals against +the judge's direction. This unusual and dangerous inroad on so +important a right attracted the notice of the House of Commons; +and a committee was appointed, who reported some strong +resolutions against Keeling for illegal and arbitrary proceedings +in his office, the last of which was, that he be brought to trial, +in order to condign punishment, in such manner as the house +should deem expedient. But the chief justice, having requested +to be heard at the bar, so far extenuated his offence +that the house, after resolving that the practice of fining or +imprisoning jurors is illegal, came to a second resolution to +proceed no farther against him.<a name="FNanchor_14" id="FNanchor_14" href="#Footnote_14" class="fnanchor">[14]</a> +</p> + +<p><i>Question of their right to return a general verdict.</i>—The precedents, +however, which these judges endeavoured to establish, +were repelled in a more decisive manner than by a resolution of +the House of Commons. For in two cases, where the fines thus +imposed upon jurors had been estreated into the exchequer, +Hale, then chief baron, with the advice of most of the judges of +<span class="pagenum"><a name="Page_8" id="Page_8">8</a></span> +England, as he informs us, stayed process; and in a subsequent +case it was resolved by all the judges, except one, that it was +against law to fine a jury for giving a verdict contrary to +the court's direction. Yet notwithstanding this very recent +determination, the recorder of London, in 1670, upon the +acquittal of the quakers, Penn and Mead, on an indictment for +an unlawful assembly, imposed a fine of forty marks on each of +the jury.<a name="FNanchor_15" id="FNanchor_15" href="#Footnote_15" class="fnanchor">[15]</a> + Bushell, one of their number, being committed for +non-payment of this fine, sued his writ of habeas corpus from +the court of common pleas; and on the return made that he +had been committed for finding a verdict against full and +manifest evidence, and against the direction of the court, Chief +Justice Vaughan held the ground to be insufficient, and discharged +the party. In his reported judgment on this occasion, +he maintains the practice of fining jurors, merely on this account, +to be comparatively recent, and clearly against law.<a name="FNanchor_16" id="FNanchor_16" href="#Footnote_16" class="fnanchor">[16]</a> + No later +instance of it is recorded; and perhaps it can only be ascribed to +the violence that still prevailed in the House of Commons against +nonconformists, that the recorder escaped its animadversion.</p> + +<p>In this judgment of the Chief Justice Vaughan, he was led to +enter on a question much controverted in later times, the legal +right of the jury, without the direction of the judge, to find a +general verdict in criminal cases, where it determines not only +the truth of the facts as deposed, but their quality of guilt or +innocence; or as it is commonly, though not perhaps quite +accurately worded, to judge of the law as well as the fact. It +is a received maxim with us, that the judge cannot decide on +questions of fact, nor the jury on those of law. Whenever the +general principle, or what may be termed the major proposition +of the syllogism, which every litigated case contains, can be +extracted from the particular circumstances to which it is +supposed to apply, the court pronounce their own determination, +without reference to a jury. The province of the latter, +however, though it properly extend not to any general decision +of the law, is certainly not bounded, at least in modern times, +to a mere estimate of the truth of testimony. The intention of +the litigant parties in civil matters, of the accused in crimes, +is in every case a matter of inference from the testimony or +from the acknowledged facts of the case; and wherever that +intention is material to the issue, is constantly left for the jury's +deliberation. There are indeed rules in criminal proceedings +which supersede this consideration; and where, as it is expressed, +<span class="pagenum"><a name="Page_9" id="Page_9">9</a></span> +the law presumes the intention in determining the offence. +Thus, in the common instance of murder or manslaughter, the +jury cannot legally determine that provocation to be sufficient, +which by the settled rules of law is otherwise; nor can they, +in any case, set up novel and arbitrary constructions of their +own without a disregard of their duty. Unfortunately it has +been sometimes the disposition of judges to claim to themselves +the absolute interpretation of facts, and the exclusive right of +drawing inferences from them, as it has occasionally, though not +perhaps with so much danger, been the failing of juries to make +their right of returning a general verdict subservient to faction +or prejudice. Vaughan did not of course mean to encourage +any petulance in juries that should lead them to pronounce on +the law, nor does he expatiate so largely on their power as has +sometimes since been usual; but confines himself to a narrow, +though conclusive line of argument, that as every issue of fact +must be supported by testimony, upon the truth of which the +jury are exclusively to decide, they cannot be guilty of any legal +misdemeanour in returning their verdict, though apparently +against the direction of the court in point of law; since it +cannot ever be proved that they believed the evidence upon +which that direction must have rested.<a name="FNanchor_17" id="FNanchor_17" href="#Footnote_17" class="fnanchor">[17]</a> +</p> + +<p><i>Habeas corpus act passed.</i>—I have already pointed out to the +reader's notice that article of Clarendon's impeachment which +charges him with having caused many persons to be imprisoned +against law.<a name="FNanchor_18" id="FNanchor_18" href="#Footnote_18" class="fnanchor">[18]</a> + These were released by the Duke of Buckingham's +administration, which in several respects acted on a more liberal +principle than any other in this reign. The practice was not +however wholly discontinued. Jenkes, a citizen of London on +the popular or factious side, having been committed by the +king in council for a mutinous speech in Guildhall, the justices +at quarter sessions refused to admit him to bail, on pretence +that he had been committed by a superior court; or to try him, +because he was not entered in the calendar of prisoners. The +chancellor, on application for a habeas corpus, declined to issue +it during the vacation; and the chief justice of the king's bench, +to whom, in the next place, the friends of Jenkes had recourse, +made so many difficulties that he lay in prison for several +<span class="pagenum"><a name="Page_10" id="Page_10">10</a></span> +weeks.<a name="FNanchor_19" id="FNanchor_19" href="#Footnote_19" class="fnanchor">[19]</a> + This has been commonly said to have produced the +famous act of habeas corpus. But this is not truly stated. +The arbitrary proceedings of Lord Clarendon were what really +gave rise to it. A bill to prevent the refusal of the writ of habeas +corpus was brought into the house on April 10, 1668, but did +not pass the committee in that session.<a name="FNanchor_20" id="FNanchor_20" href="#Footnote_20" class="fnanchor">[20]</a> + But another to the +same purpose, probably more remedial, was sent up to the Lords +in March 1669-70.<a name="FNanchor_21" id="FNanchor_21" href="#Footnote_21" class="fnanchor">[21]</a> + It failed of success in the upper house; +but the Commons continued to repeat their struggle for this +important measure, and in the session of 1673-4 passed two bills, +one to prevent the imprisonment of the subject in gaols beyond +the seas, another to give a more expeditious use of the writ of +habeas corpus in criminal matters.<a name="FNanchor_22" id="FNanchor_22" href="#Footnote_22" class="fnanchor">[22]</a> + The same or similar bills +appear to have gone up to the Lords in 1675. It was not till +1676 that the delay of Jenkes's habeas corpus took place. +And this affair seems to have had so trifling an influence that +these bills were not revived for the next two years, notwithstanding +the tempests that agitated the house during that +period.<a name="FNanchor_23" id="FNanchor_23" href="#Footnote_23" class="fnanchor">[23]</a> + But in the short parliament of 1679, they appear to +have been consolidated into one, that having met with better +success among the Lords, passed into a statute, and is generally +denominated the habeas corpus act.<a name="FNanchor_24" id="FNanchor_24" href="#Footnote_24" class="fnanchor">[24]</a> +</p> + +<p> +<span class="pagenum"><a name="Page_11" id="Page_11">11</a></span></p> + +<p>It is a very common mistake, and that not only among +foreigners, but many from whom some knowledge of our constitutional +laws might be expected, to suppose that this statute +of Charles II. enlarged in a great degree our liberties, and forms +a sort of epoch in their history. But though a very beneficial +enactment, and eminently remedial in many cases of illegal +imprisonment, it introduced no new principle, nor conferred +any right upon the subject. From the earliest records of the +English law, no freeman could be detained in prison, except +upon a criminal charge or conviction, or for a civil debt. In +the former case, it was always in his power to demand of the +court of king's bench a writ of habeas corpus ad subjiciendum, +directed to the person detaining him in custody, by which he +was enjoined to bring up the body of the prisoner, with the +warrant of commitment, that the court might judge of its +sufficiency, and remand the party, admit him to bail, or discharge +him, according to the nature of the charge. This writ +issued of right, and could not be refused by the court. It was +not to bestow an immunity from arbitrary imprisonment, which +is abundantly provided in Magna Charta (if indeed it were not +much more ancient), that the statute of Charles II. was enacted; +but to cut off the abuses, by which the government's lust of +power, and the servile subtlety of Crown lawyers, had impaired +so fundamental a privilege.</p> + +<p>There had been some doubts whether the court of common +pleas could issue this writ; and the court of exchequer seems +never to have done so.<a name="FNanchor_25" id="FNanchor_25" href="#Footnote_25" class="fnanchor">[25]</a> + It was also a question, and one of more +importance, as we have seen in the case of Jenkes, whether a +single judge of the court of king's bench could issue it during +the vacation. The statute therefore enacts that where any +person, other than persons convicted or in execution upon legal +process, stands committed for any crime, except for treason or +felony plainly expressed in the warrant of commitment, he +may during the vacation complain to the chancellor, or any of +the twelve judges; who upon sight of a copy of the warrant, or +an affidavit that a copy is denied, shall award a habeas corpus +directed to the officer in whose custody the party shall be, +commanding him to bring up the body of his prisoner within a +time limited according to the distance, but in no case exceeding +twenty days, who shall discharge the party from imprisonment, +<span class="pagenum"><a name="Page_12" id="Page_12">12</a></span> +taking surety for his appearance in the court wherein his offence +is cognisable. A gaoler refusing a copy of the warrant of commitment +or not obeying the writ is subjected to a penalty of +£100; and even the judge denying a habeas corpus, when +required according to this act, is made liable to a penalty of +£500 at the suit of the injured party. The court of king's bench +had already been accustomed to send out their writ of habeas +corpus into all places of peculiar and privileged jurisdiction, +where this ordinary process does not run, and even to the island +of Jersey, beyond the strict limits of the kingdom of England;<a name="FNanchor_26" id="FNanchor_26" href="#Footnote_26" class="fnanchor">[26]</a> + +and this power, which might admit of some question, is +sanctioned by a declaratory clause of the present statute. +Another section enacts, that "no subject of this realm that +now is, or hereafter shall be, an inhabitant or resiant of this +kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, +shall be sent prisoner into Scotland, Ireland, +Jersey, Guernsey, Tangier, or into parts, garrisons, islands, or +places beyond the seas, which are, or at any time hereafter +shall be, within or without the dominions of his majesty, his +heirs, or successors," under penalties of the heaviest nature +short of death which the law then knew, and an incapacity of +receiving the king's pardon. The great rank of those who were +likely to offend against this part of the statute was, doubtless, +the cause of this unusual severity.</p> + +<p>But as it might still be practicable to evade these remedial +provisions by expressing some matter of treason or felony in +the warrant of commitment, the judges not being empowered to +enquire into the truth of the facts contained in it, a further +security against any protracted detention of an innocent man +is afforded by a provision of great importance; that every +person committed for treason or felony, plainly and specially +expressed in the warrant, may, unless he shall be indicted in +the next term, or at the next sessions of general gaol delivery +after his commitment, be, on prayer to the court, released upon +bail, unless it shall appear that the Crown's witnesses could not +be produced at that time; and if he shall not be indicted and +tried in the second term or sessions of gaol delivery, he shall +be discharged.</p> + +<p>The remedies of the habeas corpus act are so effectual that +<span class="pagenum"><a name="Page_13" id="Page_13">13</a></span> +no man can possibly endure any long imprisonment on a criminal +charge, nor would any minister venture to exercise a sort of +oppression so dangerous to himself. But it should be observed +that, as the statute is only applicable to cases of commitment +on such a charge, every other species of restraint on personal +liberty is left to the ordinary remedy, as it subsisted before this +enactment. Thus a party detained without any warrant must +sue out his habeas corpus at common law; and this is at present +the more usual occurrence. But the judges of the king's bench, +since the statute, have been accustomed to issue this writ during +the vacation in all cases whatsoever. A sensible difficulty has, +however, been sometimes felt, from their incompetency to judge +of the truth of a return made to the writ. For, though in cases +within the statute the prisoner may always look to his legal +discharge at the next sessions of gaol delivery, the same redress +might not always be obtained when he is not in custody of a +common gaoler. If the person therefore who detains any one +in custody should think fit to make a return to the writ of +habeas corpus, alleging matter sufficient to justify the party's +restraint, yet false in fact, there would be no means, at least +by this summary process, of obtaining relief. An attempt was +made in 1757, after an examination of the judges by the House +of Lords as to the extent and efficiency of the habeas corpus at +common law, to render their jurisdiction more remedial.<a name="FNanchor_27" id="FNanchor_27" href="#Footnote_27" class="fnanchor">[27]</a> + It +failed however, for the time, of success; but a statute has recently +been enacted,<a name="FNanchor_28" id="FNanchor_28" href="#Footnote_28" class="fnanchor">[28]</a> + which not only extends the power of issuing the +writ during the vacation, in cases not within the act of Charles +II., to all the judges, but enables the judge, before whom the +writ is returned, to enquire into the truth of the facts alleged +therein, and in case they shall seem to him doubtful, to release +the party in custody, on giving surety to appear in the court to +which such judge shall belong, on some day in the ensuing term, +when the court may examine by affidavit into the truth of the +facts alleged in the return, and either remand or discharge the +party, according to their discretion. It is also declared that a +writ of habeas corpus shall run to any harbour or road on the +coast of England, though out of the body of any county; in +order, I presume, to obviate doubts as to the effects of this +remedy in a kind of illegal detention, more likely perhaps than +<span class="pagenum"><a name="Page_14" id="Page_14">14</a></span> +any other to occur in modern times, on board of vessels upon +the coast. Except a few of this description, it is very rare for +a habeas corpus to be required in any case where the government +can be presumed to have an interest.</p> + +<p><i>Differences between lords and commons.</i>—The reign of Charles +II. was hardly more remarkable by the vigilance of the House +of Commons against arbitrary prerogative than by the warfare +it waged against whatever seemed an encroachment or usurpation +in the other house of parliament. It has been a peculiar +happiness of our constitution that such dissensions have so +rarely occurred. I cannot recollect any republican government, +ancient or modern (except perhaps some of the Dutch provinces), +where hereditary and democratical authority have been amalgamated +so as to preserve both in effect and influence, without +continual dissatisfaction and reciprocal encroachments; for +though, in the most tranquil and prosperous season of the +Roman state, one consul, and some magistrates of less importance, +were invariably elected from the patrician families, +these latter did not form a corporation, nor had any collective +authority in the government. The history of monarchies, +including of course all states where the principality is lodged +in a single person, that have admitted the aristocratical and +popular temperaments at the same time, bears frequent witness +to the same jealous or usurping spirit. Yet monarchy is unquestionably +more favourable to the co-existence of an hereditary +body of nobles with a representation of the commons than any +other form of commonwealth; and it is to the high prerogative +of the English Crown, its exclusive disposal of offices of trust +which are the ordinary subjects of contention, its power of +putting a stop to parliamentary disputes by a dissolution, and, +above all, to the necessity which both the Peers and the Commons +have often felt, of a mutual good understanding for the maintenance +of their privileges, that we must in a great measure +attribute the general harmony, or at least the absence of open +schism, between the two houses of parliament. This is, however, +still more owing to the happy graduation of ranks, which +renders the elder and the younger sons of our nobility two +links in the unsevered chain of society; the one trained in the +school of popular rights, and accustomed, for a long portion of +their lives, to regard the privileges of the house whereof they +form a part, full as much as those of their ancestors;<a name="FNanchor_29" id="FNanchor_29" href="#Footnote_29" class="fnanchor">[29]</a> + the other +<span class="pagenum"><a name="Page_15" id="Page_15">15</a></span> +falling without hereditary distinction into the class of other +commoners, and mingling the sentiments natural to their birth +and family affection, with those that are more congenial to +the whole community. It is owing also to the wealth and +dignity of those ancient families, who would be styled noble +in any other country, and who give an aristocratical character +to the popular part of our legislature, and to the influence +which the peers themselves, through the representation +of small boroughs, are enabled to exercise over the lower +house.</p> + +<p><i>Judicial powers of the lords historically traced.</i>—The original +constitution of England was highly aristocratical. The peers of +this realm, when summoned to parliament (and on such occasions +every peer was entitled to his writ), were the necessary +counsellors and coadjutors of the king in all the functions that +appertain to a government. In granting money for the public +service, in changing by permanent statutes the course of the +common law, they could only act in conjunction with the +knights, citizens, and burgesses of the lower house of parliament. +In redress of grievances, whether of so private a nature as to +affect only single persons or extending to a county or hundred, +whether proceeding from the injustice of public officers or of +powerful individuals, whether demanding punishment as crimes +against the state, or merely restitution and damages to the +injured party, the Lords assembled in parliament were competent, +as we find in our records, to exercise the same high +powers, if they were not even more extensive and remedial, as +the king's ordinary council, composed of his great officers, his +judges, and perhaps some peers, was wont to do in the intervals +of parliament. These two, the Lords and the privy council, +seem to have formed, in the session, one body or great council, +wherein the latter had originally right of suffrage along with +the former. In this judicial and executive authority, the +Commons had at no time any more pretence to interfere than +<span class="pagenum"><a name="Page_16" id="Page_16">16</a></span> +the council, or the Lords by themselves, had to make ordinances, +at least of a general and permanent nature, which should bind +the subject to obedience. At the beginning of every parliament +numerous petitions were presented to the Lords, or to the king +and Lords (since he was frequently there in person, and always +presumed to be so), complaining of civil injuries and abuse of +power. These were generally indorsed by appointed receivers +of petitions, and returned by them to the proper court whence +relief was to be sought.<a name="FNanchor_30" id="FNanchor_30" href="#Footnote_30" class="fnanchor">[30]</a> + For an immediate inquiry and remedy +seem to have been rarely granted, except in cases of an extraordinary +nature, when the law was defective, or could not easily +be enforced by the ordinary tribunals; the shortness of sessions, +and multiplicity of affairs, preventing the upper house of +parliament from entering so fully into these matters as the +king's council had leisure to do.</p> + +<p>It might perhaps be well questioned, notwithstanding the +considerable opinion of Sir M. Hale, whether the statutes +directed against the prosecution of civil and criminal suits before +the council are so worded as to exclude the original jurisdiction +of the House of Lords, though their principle is very adverse to +it. But it is remarkable that, so far as the Lords themselves +could allege from the rolls of parliament, one only instance +occurs between 4 Hen. IV. (1403) and 43 Eliz. (1602) where their +house had entered upon any petition in the nature of an original +suit; though in that (1 Ed. IV. 1461) they had certainly taken +on them to determine a question cognisable in the common +courts of justice. For a distinction seems to have been generally +made between cases where relief might be had in the courts +below, as to which it is contended by Sir M. Hale that the Lords +could not have jurisdiction, and those where the injured party +was without remedy, either through defect of the law, or such +excessive power of the aggressor as could defy the ordinary +process. During the latter part at least of this long interval, +the council and court of star-chamber were in all their vigour, +to which the intermission of parliamentary judicature may in +a great measure be ascribed. It was owing also to the longer +intervals between parliaments from the time of Henry VI., +extending sometimes to five or six years, which rendered the +redress of private wrongs by their means inconvenient and uncertain. +In 1621 and 1624, the Lords, grown bold by the +<span class="pagenum"><a name="Page_17" id="Page_17">17</a></span> +general disposition in favour of parliamentary rights, made +orders without hesitation on private petitions of an original +nature. They continued to exercise this jurisdiction in the first +parliaments of Charles I.; and in one instance, that of a riot +at Banbury, even assumed the power of punishing a misdemeanour +unconnected with privilege. In the long parliament, +it may be supposed that they did not abandon this encroachment, +as it seems to have been, on the royal authority, extending +their orders both to the punishment of misdemeanours and +to the awarding of damages.<a name="FNanchor_31" id="FNanchor_31" href="#Footnote_31" class="fnanchor">[31]</a> +</p> + +<p>The ultimate jurisdiction of the House of Lords, either by +removing into it causes commenced in the lower courts, or by +writ of error complaining of a judgment given therein, seems +to have been as ancient, and founded on the same principle of +a paramount judicial authority delegated by the Crown, as that +which they exercised upon original petitions. It is to be +observed that the council or star-chamber did not pretend to +any direct jurisdiction of this nature; no record was ever +removed thither upon assignment of errors in an inferior court. +But after the first part of the fifteenth century, there was a +considerable interval, during which this appellant jurisdiction +of the Lords seems to have gone into disuse, though probably +known to be legal.<a name="FNanchor_32" id="FNanchor_32" href="#Footnote_32" class="fnanchor">[32]</a> + They began again, about 1580, to receive +writs of error from the court of king's bench; though for forty +years more the instances were by no means numerous. But the +statute passed in 1585, constituting the court of exchequer-chamber +as an intermediate tribunal of appeal between the +king's bench and the parliament, recognises the jurisdiction of +the latter, that is, of the House of Lords, in the strongest terms.<a name="FNanchor_33" id="FNanchor_33" href="#Footnote_33" class="fnanchor">[33]</a> + +To this power, therefore, of determining, in the last resort, upon +writs of error from the courts of common law, no objection could +possibly be maintained.</p> + +<p><i>Their pretensions about the time of the restoration.</i>—The revolutionary +spirit of the long parliament brought forward still higher +pretensions, and obscured all the land-marks of constitutional +privilege. As the Commons took on themselves to direct the +<span class="pagenum"><a name="Page_18" id="Page_18">18</a></span> +execution of their own orders, the Lords, afraid to be jostled +out of that equality to which they were now content to be +reduced, asserted a similar claim at the expense of the king's +prerogative. They returned to their own house on the restoration +with confused notions of their high jurisdiction, rather +enhanced than abated by the humiliation they had undergone. +Thus before the king's arrival, the Commons having sent up for +their concurrence a resolution that the persons and estates of +the regicides should be seized, the upper house deemed it an +encroachment on their exclusive judicature, and changed the +resolution into "an order of the Lords on complaint of the +Commons."<a name="FNanchor_34" id="FNanchor_34" href="#Footnote_34" class="fnanchor">[34]</a> + In a conference on this subject between the +two houses, the Commons denied their lordships to possess an +exclusive jurisdiction, but did not press that matter.<a name="FNanchor_35" id="FNanchor_35" href="#Footnote_35" class="fnanchor">[35]</a> + But in +fact this order was rather of a legislative than judicial nature; +nor could the Lords pretend to any jurisdiction in cases of +treason. They artfully, however, overlooked these distinctions; +and made orders almost daily in the session of 1660, trenching +on the executive power and that of the inferior courts. Not +content with ordering the estates of all peers to be restored, +free from seizure by sequestration, and with all arrears of rent, +we find in their journals that they did not hesitate on petition +to stay waste on the estates of private persons, and to secure the +tithes of livings, from which ministers had been ejected, in the +hands of the churchwardens till their title could be tried.<a name="FNanchor_36" id="FNanchor_36" href="#Footnote_36" class="fnanchor">[36]</a> + +They acted, in short, as if they had a plenary authority in +matters of freehold right, where any member of their own house +was a party, and in every case as full an equitable jurisdiction +as the court of chancery. Though in the more settled state of +things which ensued, these anomalous orders do not so frequently +occur, we find several assumptions of power which show a +disposition to claim as much as the circumstances of any +<span class="pagenum"><a name="Page_19" id="Page_19">19</a></span> +particular case should lead them to think expedient for the +parties, or honourable to themselves.<a name="FNanchor_37" id="FNanchor_37" href="#Footnote_37" class="fnanchor">[37]</a> +</p> + +<p><i>Resistance made by the commons.</i>—The lower house of parliament, +which hardly reckoned itself lower in dignity, and was +something more than equal in substantial power, did not look +without jealousy on these pretensions. They demurred to a +privilege asserted by the Lords of assessing themselves in bills +of direct taxation; and, having on one occasion reluctantly +permitted an amendment of that nature to pass, took care to +record their dissent from the principle by a special entry in the +journal.<a name="FNanchor_38" id="FNanchor_38" href="#Footnote_38" class="fnanchor">[38]</a> + An amendment having been introduced into a bill +for regulating the press, sent up by the Commons in the session +of 1661, which exempted the houses of peers from search for +unlicensed books, it was resolved not to agree to it; and the +bill dropped for that time.<a name="FNanchor_39" id="FNanchor_39" href="#Footnote_39" class="fnanchor">[39]</a> + Even in far more urgent circumstances, +while the parliament sat at Oxford in the year of the +plague, a bill to prevent the progress of infection was lost, +because the lords insisted that their houses should not be +subjected to the general provisions for security.<a name="FNanchor_40" id="FNanchor_40" href="#Footnote_40" class="fnanchor">[40]</a> + These ill-judged +demonstrations of a design to exempt themselves from +that equal submission to the law, which is required in all well-governed +states, and had ever been remarkable in our constitution, +naturally raised a prejudice against the Lords, both +in the other house of parliament, and among the common +lawyers.</p> + +<p>This half-suppressed jealousy soon disclosed itself in the +famous controversy between the two houses about the case +of Skinner and the East India Company. This began by a +petition of the former to the king, wherein he complained, that +having gone as a merchant to the Indian seas, at a time when +there was no restriction upon that trade, the East India Company's +agents had plundered his property, taken away his ships, +and dispossessed him of an island which he had purchased from +a native prince. Conceiving that he could have no sufficient +redress in the ordinary courts of justice, he besought his +sovereign to enforce reparation by some other means. After +several ineffectual attempts by a committee of the privy council +to bring about a compromise between the parties, the king +transmitted the documents to the House of Lords, with a recommendation +to do justice to the petitioner. They proceeded +<span class="pagenum"><a name="Page_20" id="Page_20">20</a></span> +accordingly to call on the East India Company for an answer to +Skinner's allegations. The company gave in what is technically +called a plea to the jurisdiction, which the house over-ruled. +The defendants then pleaded in bar, and contrived to delay the +enquiry into the facts till the next session; when the proceedings +having been renewed, and the plea to the Lords' jurisdiction +again offered, and over-ruled, judgment was finally given that the +East India Company should pay £5000 damages to Skinner.</p> + +<p>Meantime the company had presented a petition to the House +of Commons against the proceedings of the Lords in this business. +It was referred to a committee, who had already been appointed +to consider some other cases of a like nature. They made a +report, which produced resolutions to this effect; that the Lords, +in taking cognisance of an original complaint, and that relievable +in the ordinary course of law, had acted illegally, and in a manner +to deprive the subject of benefit of the law. The Lords in +return voted, "that the House of Commons entertaining the +scandalous petition of the East India Company against the Lords' +house of parliament, and their proceedings, examinations, and +votes thereupon had and made, are a breach of the privileges of +the House of Peers, and contrary to the fair correspondency which +ought to be between the two houses of parliament, and unexampled +in former times; and that the House of Peers, taking +cognisance of the cause of Thomas Skinner, merchant, a person +highly oppressed and injured in East India by the governor and +company of merchants trading thither, and over-ruling the plea +of the said company, and adjudging £5000 damages thereupon +against the said governor and company, is agreeable to the laws +of the land, and well warranted by the law and custom of +parliament, and justified by many parliamentary precedents +ancient and modern."</p> + +<p>Two conferences between the houses, according to the usage +of parliament, ensued, in order to reconcile this dispute. But +it was too material in itself, and aggravated by too much +previous jealousy, for any voluntary compromise. The precedents +alleged to prove an original jurisdiction in the peers were +so thinly scattered over the records of centuries, and so contrary +to the received principle of our constitution that questions of fact +are cognisable only by a jury, that their managers in the conferences +seemed less to insist on the general right, than on a +supposed inability of the courts of law to give adequate redress +to the present plaintiff; for which the judges had furnished some +pretext on a reference as to their own competence to afford +<span class="pagenum"><a name="Page_21" id="Page_21">21</a></span> +relief, by an answer more narrow, no doubt, than would have +been rendered at the present day. And there was really more +to be said, both in reason and law, for this limited right of +judicature than for the absolute cognisance of civil suits by the +Lords. But the Commons were not inclined to allow even of +such a special exception from the principle for which they +contended, and intimated that the power of affording a remedy +in a defect of the ordinary tribunals could only reside in the +whole body of the parliament.</p> + +<p>The proceedings that followed were intemperate on both sides. +The Commons voted Skinner into custody for a breach of +privilege, and resolved that whoever should be aiding in execution +of the order of the Lords against the East India Company +should be deemed a betrayer of the liberties of the commons of +England, and an infringer of the privileges of the house. The +Lords, in return, committed Sir Samuel Barnardiston, chairman +of the company, and a member of the House of Commons, to +prison, and imposed on him a fine of £500. It became necessary +for the king to stop the course of this quarrel, which was done +by successive adjournments and prorogations for fifteen months. +But on their meeting again in October 1669, the Commons proceeded +instantly to renew the dispute. It appeared that +Barnardiston, on the day of the adjournment, had been released +from custody, without demand of his fine, which by a trick +rather unworthy of those who had resorted to it, was entered +as paid on the records of the exchequer. This was a kind of +victory on the side of the Commons; but it was still more +material that no steps had been taken to enforce the order of +the Lords against the East India Company. The latter sent +down a bill concerning privilege and judicature in parliament, +which the other house rejected on a second reading. They in +return passed a bill vacating the proceedings against Barnardiston, +which met with a like fate. In conclusion, the king +recommended an erasure from the journals of all that had passed +on the subject, and an entire cessation; an expedient which +both houses willingly embraced, the one to secure its victory, +the other to save its honour. From this time the Lords have +tacitly abandoned all pretensions to an original jurisdiction in +civil suits.<a name="FNanchor_41" id="FNanchor_41" href="#Footnote_41" class="fnanchor">[41]</a> +</p> + +<p>They have however been more successful in establishing a +<span class="pagenum"><a name="Page_22" id="Page_22">22</a></span> +branch of their ultimate jurisdiction, which had less to be urged +for it in respect of precedent, that of hearing appeals from courts +of equity. It is proved by Sir Matthew Hale and his editor, Mr. +Hargrave, that the Lords did not entertain petitions of appeal +before the reign of Charles I., and not perhaps unequivocally +before the long parliament.<a name="FNanchor_42" id="FNanchor_42" href="#Footnote_42" class="fnanchor">[42]</a> + They became very common from +that time, though hardly more so than original suits; and as +they bore no analogy, except at first glance, to writs of error, +which come to the House of Lords by the king's express commission +under the great seal, could not well be defended on legal +grounds. But on the other hand, it was reasonable that the +vast power of the court of chancery should be subject to some +control; and though a commission of review, somewhat in the +nature of the court of delegates in ecclesiastical appeals, might +have been and had been occasionally ordered by the Crown;<a name="FNanchor_43" id="FNanchor_43" href="#Footnote_43" class="fnanchor">[43]</a> + +yet if the ultimate jurisdiction of the peerage were convenient +and salutary in cases of common law, it was difficult to assign +any satisfactory reason why it should be less so in those which +are technically denominated equitable.<a name="FNanchor_44" id="FNanchor_44" href="#Footnote_44" class="fnanchor">[44]</a> + Nor is it likely that +the Commons would have disputed this usurpation, in which the +Crown had acquiesced, if the Lords had not received appeals +against members of the other house. Three instances of this +took place about the year 1675; but that of Shirley against Sir +John Fagg is the most celebrated, as having given rise to a +conflict between the two houses, as violent as that which had +occurred in the business of Skinner. It began altogether on the +score of privilege. As members of the House of Commons were +exempted from legal process during the session, by the general +privilege of parliament, they justly resented the pretension of +the peers to disregard this immunity, and compel them to appear +as respondents in cases of appeal. In these contentions neither +<span class="pagenum"><a name="Page_23" id="Page_23">23</a></span> +party could evince its superiority but at the expense of innocent +persons. It was a contempt of the one house to disobey its order, +of the other to obey it. Four counsel, who had pleaded at the +bar of the Lords in one of the cases where a member of the other +house was concerned, were taken into custody of the serjeant-at-arms +by the speaker's warrant. The gentleman usher of +the black rod, by warrant of the Lords, empowering him to call +all persons necessary to his assistance, set them at liberty. The +Commons apprehended them again; and to prevent another +rescue, sent them to the Tower. The Lords despatched their +usher of the black rod to the lieutenant of the Tower, commanding +him to deliver up the said persons. He replied that they +were committed by order of the Commons, and he could not +release them without their order; just as, if the Lords were to +commit any persons, he could not release them without their +Lordships' order. They addressed the king to remove the lieutenant; +but after some hesitation, he declined to comply with +their desire. In this difficulty, they had recourse, instead of the +warrant of the Lords' speaker, to a writ of habeas corpus returnable +in parliament; a proceeding not usual, but the legality +of which seems to be now admitted. The lieutenant of the +Tower, who, rather unluckily for the Lords, had taken the other +side, either out of conviction, or from a sense that the lower +house were the stronger and more formidable, instead of obeying +the writ, came to the bar of the Commons for directions. They +voted, as might be expected, that the writ was contrary to law +and the privileges of their house. But in this ferment of two +jealous and exasperated assemblies, it was highly necessary, as +on the former occasion, for the king to interpose by a prorogation +for three months. This period, however, not being +sufficient to allay their animosity, the House of Peers took up +again the appeal of Shirley in their next session. Fresh votes +and orders of equal intemperance on both sides ensued, till the +king by the long prorogation, from November 1675 to February +1677, put an end the dispute. The particular appeal of +Shirley was never revived; but the Lords continued without +objection to exercise their general jurisdiction over appeals from +courts of equity.<a name="FNanchor_45" id="FNanchor_45" href="#Footnote_45" class="fnanchor">[45]</a> + The learned editor of Hale's Treatise on the +Jurisdiction of the Lords expresses some degree of surprise at +the Commons' acquiescence in what they had treated as an +<span class="pagenum"><a name="Page_24" id="Page_24">24</a></span> +usurpation. But it is evident from the whole course of proceeding +that it was the breach of privilege in citing their own +members to appear, which excited their indignation. It was +but incidentally that they observed in a conference, "that the +Commons cannot find, by Magna Charta, or by any other law +or ancient custom of parliament, that your lordships have any +jurisdiction in cases of appeal from courts of equity." They +afterwards, indeed, resolved that there lies no appeal to the +judicature of the Lords in parliament from courts of equity;<a name="FNanchor_46" id="FNanchor_46" href="#Footnote_46" class="fnanchor">[46]</a> + +and came ultimately, as their wrath increased, to a vote "that +whosoever shall solicit, plead, or prosecute any appeal against +any commoner of England, from any court of equity, before the +House of Lords, shall be deemed and taken a betrayer of the +rights and liberties of the commons of England, and shall be +proceeded against accordingly;"<a name="FNanchor_47" id="FNanchor_47" href="#Footnote_47" class="fnanchor">[47]</a> + which vote the Lords resolved +next day to be "illegal, unparliamentary, and tending to a +dissolution of the government."<a name="FNanchor_48" id="FNanchor_48" href="#Footnote_48" class="fnanchor">[48]</a> + But this was evidently rather +an act of hostility arising out of the immediate quarrel than the +calm assertion of a legal principle.<a name="FNanchor_49" id="FNanchor_49" href="#Footnote_49" class="fnanchor">[49]</a> +</p> + +<p><i>Question of the exclusive right of the commons as to money-bills.</i>—During +the interval between these two dissensions, which +the suits of Skinner and Shirley engendered, another difference +had arisen, somewhat less violently conducted, but wherein both +houses considered their essential privileges at stake. This +concerned the long agitated question of the right of the Lords +to make alterations in money-bills. Though I cannot but think +the importance of their exclusive privilege has been rather +exaggerated by the House of Commons, it deserves attention; +more especially as the embers of that fire may not be so wholly +extinguished as never again to show some traces of its heat. +<span class="pagenum"><a name="Page_25" id="Page_25">25</a></span></p> + +<p>In our earliest parliamentary records, the Lords and Commons, +summoned in a great measure for the sake of relieving the king's +necessities, appear to have made their several grants of supply +without mutual communication, and the latter generally in a +higher proportion than the former. These were not in the form +of laws, nor did they obtain any formal assent from the king, +to whom they were tendered in written indentures, entered +afterwards on the roll of parliament. The latest instance of +such distinct grants from the two houses, as far as I can judge +from the rolls, is in the 18th year of Edward III.<a name="FNanchor_50" id="FNanchor_50" href="#Footnote_50" class="fnanchor">[50]</a> + But in +the 22nd year of that reign the Commons alone granted three +fifteenths of their goods, in such a manner as to show beyond +a doubt that the tax was to be levied solely upon themselves.<a name="FNanchor_51" id="FNanchor_51" href="#Footnote_51" class="fnanchor">[51]</a> + +After this time, the Lords and Commons are jointly recited in +the rolls to have granted them, sometimes, as it is expressed, +upon deliberation had together. In one case it is said that the +Lords, with one assent, and afterwards the Commons, granted +a subsidy on exported wool.<a name="FNanchor_52" id="FNanchor_52" href="#Footnote_52" class="fnanchor">[52]</a> + A change of language is observable +in Richard II.'s reign, when the Commons are recited to grant +with the assent of the Lords; and this seems to indicate, not +only that in practice the vote used to originate with the +Commons, but that their proportion, at least, of the tax being +far greater than that of the Lords (especially in the usual +impositions on wool and skins, which ostensibly fell on the +exporting merchant), the grant was to be deemed mainly theirs, +subject only to the assent of the other house of parliament. +This is, however, so explicitly asserted in a remarkable passage +on the roll of 9 Hen. IV., without any apparent denial, that it +cannot be called in question by any one.<a name="FNanchor_53" id="FNanchor_53" href="#Footnote_53" class="fnanchor">[53]</a> + The language of the +rolls continues to be the same in the following reigns; the +Commons are the granting, the Lords the consenting power. It +is even said by the court of king's bench, in a year-book of +Edward IV., that a grant of money by the Commons would be +binding without assent of the Lords; meaning of course as to +commoners only, though the position seems a little questionable +even with the limitation. I have been almost led to suspect, +by considering this remarkable exclusive privilege of originating +grants of money to the Crown, as well as by the language of some +passages in the rolls of parliament relating to them, that no +part of the direct taxes, the tenths or fifteenths of goods, were +assessed upon the Lords temporal and spiritual, except where +<span class="pagenum"><a name="Page_26" id="Page_26">26</a></span> +they are positively mentioned, which is frequently the case. +But as I do not remember to have seen this anywhere asserted +by those who have turned their attention to the antiquities of our +constitution, it may possibly be an unfounded surmise, or at least +only applicable to the earlier period of our parliamentary records.</p> + +<p>These grants continued to be made as before, by the consent +indeed of the houses of parliament, but not as legislative enactments. +Most of the few instances where they appear among the +statutes are where some condition is annexed, or some relief of +grievances so interwoven with them that they make part of a +new law.<a name="FNanchor_54" id="FNanchor_54" href="#Footnote_54" class="fnanchor">[54]</a> + In the reign of Henry VII. they are occasionally +inserted among the statutes, though still without any enacting +words.<a name="FNanchor_55" id="FNanchor_55" href="#Footnote_55" class="fnanchor">[55]</a> + In that of Henry VIII. the form is rather more legislative, +and they are said to be enacted by the authority of parliament, +though the king's name is not often mentioned till about +the conclusion of his reign;<a name="FNanchor_56" id="FNanchor_56" href="#Footnote_56" class="fnanchor">[56]</a> + after which a sense of the necessity +of expressing his legislative authority seems to have led to its +introduction in some part or other of the bill.<a name="FNanchor_57" id="FNanchor_57" href="#Footnote_57" class="fnanchor">[57]</a> + The Lords and +Commons are sometimes both said to grant, but more frequently +the latter with the former's assent, as continued to be the case +through the reigns of Elizabeth and James I. In the first +parliament of Charles I., the Commons began to omit the name +of the Lords in the preamble of bills of supply, reciting the grant +as if wholly their own, but in the enacting words adopted the +customary form of statutes. This, though once remonstrated +against by the upper house, has continued ever since to be the +practice.</p> + +<p> +<span class="pagenum"><a name="Page_27" id="Page_27">27</a></span></p> + +<p>The originating power as to taxation was thus indubitably +placed in the House of Commons; nor did any controversy arise +upon that ground. But they maintained also that the Lords +could not make any amendment whatever in bills sent up to +them for imposing, directly or indirectly, a charge upon the +people. There seems no proof that any difference between the +two houses on this score had arisen before the restoration; and +in the convention parliament the Lords made several alterations +in undoubted money-bills, to which the Commons did not object. +But in 1661, the Lords having sent down a bill for paving the +streets of Westminster, to which they desired the concurrence +of the Commons, the latter, on reading the bill a first time, +"observing that it went to lay a charge upon the people, and +conceiving that it was a privilege inherent in their house that +bills of that nature should be first considered there," laid it +aside, and caused another to be brought in.<a name="FNanchor_58" id="FNanchor_58" href="#Footnote_58" class="fnanchor">[58]</a> + When this was +sent up to the Lords, they inserted a clause, to which the +Commons disagreed, as contrary to their privileges, because the +people cannot have any tax or charge imposed upon them, but +originally by the House of Commons. The Lords resolved this +assertion of the Commons to be against the inherent privileges of +the House of Peers; and mentioned one precedent of a similar +bill in the reign of Mary, and two in that of Elizabeth, which had +begun with them. The present bill was defeated by the unwillingness +of either party to recede; but for a few years after, +though the point in question was still agitated, instances occur +where the Commons suffered amendments in what were now +considered as money-bills to pass, and others where the Lords +receded from them rather than defeat the proposed measure. +In April 1671, however, the Lords having reduced the amount +of an imposition on sugar, it was resolved by the other house, +"That in all aids given to the king by the Commons, the rate +or tax ought not to be altered by the Lords."<a name="FNanchor_59" id="FNanchor_59" href="#Footnote_59" class="fnanchor">[59]</a> + This brought +on several conferences between the houses, wherein the limits +of the exclusive privilege claimed by the Commons were discussed +with considerable ability, and less heat than in the disputes +concerning judicature; but, as I cannot help thinking, with a +decided advantage both as to precedent and constitutional +<span class="pagenum"><a name="Page_28" id="Page_28">28</a></span> +analogy on the side of the peers.<a name="FNanchor_60" id="FNanchor_60" href="#Footnote_60" class="fnanchor">[60]</a> + If the Commons, as in early +times, had merely granted their own money, it would be reasonable +that their house should have, as it claimed to have, "a +fundamental right as to the matter, the measure, and the time." +But that the peers, subject to the same burthens as the rest of +the community, and possessing no trifling proportion of the +general wealth, should have no other alternative than to refuse +the necessary supplies of the revenue, or to have their exact +proportion, with all qualifications and circumstances attending +their grant, presented to them unalterably by the other house of +parliament, was an anomaly that could hardly rest on any other +ground of defence than such a series of precedents as establish +a constitutional usage; while, in fact, it could not be made out +that such a pretension was ever advanced by the Commons +before the present parliament. In the short parliament of +April 1640, the Lords having sent down a message, requesting +the other house to give precedency in the business they were +about to matter of supply, it had been highly resented, as an +infringement of their privilege; and Mr. Pym was appointed to +represent their complaint at a conference. Yet even then, in the +fervour of that critical period, the boldest advocate of popular +privileges who could have been selected was content to assert +that the matter of subsidy and supply ought to begin in the +House of Commons.<a name="FNanchor_61" id="FNanchor_61" href="#Footnote_61" class="fnanchor">[61]</a> +</p> + +<p>There seems to be still less pretext for the great extension +given by the Commons to their acknowledged privilege of +originating bills of supply. The principle was well adapted to +that earlier period when security against misgovernment could +only be obtained by the vigilant jealousy and uncompromising +firmness of the Commons. They came to the grant of subsidy +with real or feigned reluctance, as the stipulated price of redress +of grievances. They considered the Lords, generally speaking, +as too intimately united with the king's ordinary council, which +indeed sat with them, and had perhaps, as late as Edward III.'s +<span class="pagenum"><a name="Page_29" id="Page_29">29</a></span> +time, a deliberative voice. They knew the influence or intimidating +ascendency of the peers over many of their own +members. It may be doubted in fact whether the lower house +shook off, absolutely and permanently, all sense of subordination, +or at least deference, to the upper, till about the close of the +reign of Elizabeth. But I must confess that, in applying the +wise and ancient maxim, that the Commons alone can empower +the king to levy the people's money, to a private bill for lighting +and cleansing a certain town, or cutting dikes in a fen, to local +and limited assessments for local benefit (as to which the Crown +has no manner of interest, nor has anything to do with the +collection), there was more disposition shown to make encroachments +than to guard against those of others. They began soon +after the revolution to introduce a still more extraordinary +construction of their privilege, not receiving from the House of +Lords any bill which imposes a pecuniary penalty on offenders, +nor permitting them to alter the application of such as have +been imposed below.<a name="FNanchor_62" id="FNanchor_62" href="#Footnote_62" class="fnanchor">[62]</a> +</p> + +<p>These restrictions upon the other house of parliament, however, +are now become, in their own estimation, the standing +privileges of the Commons. Several instances have occurred +during the last century, though not, I believe, very lately, when +bills, chiefly of a private nature, have been unanimously rejected, +and even thrown over the table by the speaker, because they +contained some provision in which the Lords had trespassed +upon these alleged rights.<a name="FNanchor_63" id="FNanchor_63" href="#Footnote_63" class="fnanchor">[63]</a> + They are, as may be supposed, +very differently regarded in the neighbouring chamber. The +Lords have never acknowledged any further privilege than that +of originating bills of supply. But the good sense of both parties, +<span class="pagenum"><a name="Page_30" id="Page_30">30</a></span> +and of an enlightened nation, who must witness and judge of +their disputes, as well as the natural desire of the government to +prevent in the outset any altercation that must impede the +course of its measures, have rendered this little jealousy unproductive +of those animosities which it seemed so happily +contrived to excite. The one house, without admitting the +alleged privilege, has generally been cautious not to give a +pretext for eagerly asserting it; and the other, on the trifling +occasions where it has seemed, perhaps unintentionally, to be +infringed, has commonly resorted to the moderate course of +passing a fresh bill to the same effect, after satisfying its dignity +by rejecting the first.</p> + +<p><i>State of the upper house under the Tudors and Stuarts.</i>—It may +not be improper to choose the present occasion for a summary +view of the constitution of both houses of parliament under the +lines of Tudor and Stuart. Of their earlier history the reader +may find a brief, and not, I believe, very incorrect account in a +work to which this is a kind of sequel.</p> + +<p><i>Augmentation of the temporal lords.</i>—The number of temporal +lords summoned by writ to the parliaments of the house of +Plantagenet was exceedingly various; nor was anything more +common in the fourteenth century than to omit those who had +previously sat in person, and still more their descendants. They +were rather less numerous for this reason, under the line of +Lancaster, when the practice of summoning those who were not +hereditary peers did not so much prevail as in the preceding +reigns. Fifty-three names however appear in the parliament +of 1454, the last held before the commencement of the great +contest between York and Lancaster. In this troublous period +of above thirty years, if the whole reign of Edward IV. is to be +included, the chiefs of many powerful families lost their lives in +the field or on the scaffold, and their honours perished with them +by attainder. New families, adherents of the victorious party, +rose in their place; and sometimes an attainder was reversed +by favour; so that the peers of Edward's reign were not much +fewer than the number I have mentioned. Henry VII. summoned +but twenty-nine to his first parliament, including some +whose attainder had never been judicially reversed; a plain act +of violence, like his previous usurpation of the Crown. In his +subsequent parliaments the peerage was increased by fresh +creations, but never much exceeded forty. The greatest +number summoned by Henry VIII. was fifty-one; which continued +to be nearly the average in the two next reigns, and was +<span class="pagenum"><a name="Page_31" id="Page_31">31</a></span> +very little augmented by Elizabeth. James, in his thoughtless +profusion of favour, made so many new creations, that eighty-two +peers sat in his first parliament, and ninety-six in his latest. +From a similar facility in granting so cheap a reward of service, +and in some measure perhaps from the policy of counteracting +a spirit of opposition to the court, which many of the Lords +had begun to manifest, Charles called no less than one hundred +and seventeen peers to the parliament of 1628, and one hundred +and nineteen to that of November 1640. Many of these honours +were sold by both these princes; a disgraceful and dangerous +practice, unheard of in earlier times, by which the princely +peerage of England might have been gradually levelled with the +herd of foreign nobility. This has occasionally, though rarely, +been suspected since the restoration. In the parliament of 1661, +we find one hundred and thirty-nine lords summoned.</p> + +<p>The spiritual lords, who, though forming another estate in +parliament, have always been so united with the temporality +that the suffrages of both upon every question are told indistinctly +and numerically, composed in general, before the +reformation, a majority of the upper house; though there was +far more irregularity in the summonses of the mitred abbots and +priors than those of the barons. But by the surrender and dissolution +of the monasteries, about thirty-six votes of the clergy +on an average were withdrawn from the parliament; a loss ill +compensated to them by the creation of five new bishoprics. +Thus, the number of the temporal peers being continually +augmented, while that of the prelates was confined to twenty-six, +the direct influence of the church on the legislature has +become comparatively small; and that of the Crown, which, +by the pernicious system of translations and other means, is +generally powerful with the episcopal bench, has, in this respect +at least, undergone some diminution. It is easy to perceive +from this view of the case that the destruction of the monasteries, +as they then stood, was looked upon as an indispensable preliminary +to the reformation; no peaceable efforts towards +which could have been effectual without altering the relative +proportions of the spiritual and temporal aristocracy.</p> + +<p>The House of Lords, during this period of the sixteenth +and seventeenth centuries, were not supine in rendering their +collective and individual rights independent of the Crown. It +became a fundamental principle, according indeed to ancient +authority, though not strictly observed in ruder times, that +every peer of full age is entitled to his writ of summons at the +<span class="pagenum"><a name="Page_32" id="Page_32">32</a></span> +beginning of a parliament, and that the house will not proceed +on business, if any one is denied it.<a name="FNanchor_64" id="FNanchor_64" href="#Footnote_64" class="fnanchor">[64]</a> + The privilege of voting +by proxy, which was originally by special permission of the king, +became absolute, though subject to such limitations as the house +itself may impose. The writ of summons, which, as I have +observed, had in earlier ages (if usage is to determine that which +can rest on nothing but usage) given only a right of sitting in +the parliament for which it issued, was held, about the end of +Elizabeth's reign, by a construction founded on later usage, +to convey an inheritable peerage, which was afterwards adjudged +to descend upon heirs general, female as well as male; an +extension which sometimes raises intricate questions of descent, +and though no materially bad consequences have flowed from +it, is perhaps one of the blemishes in the constitution of parliament. +Doubts whether a peerage could be surrendered to the +king, and whether a territorial honour, of which hardly any +remain, could be alienated along with the land on which it +depended, were determined in the manner most favourable to +the dignity of the aristocracy. They obtained also an important +privilege; first of recording their dissent in the journals +of the house, and afterwards of inserting the grounds of it. +Instances of the former occur not unfrequently at the period +of the reformation; but the latter practice was little known +before the long parliament. A right that Cato or Phocion would +have prized, though it may sometimes have been frivolously or +factiously exercised!</p> + +<p><i>State of the commons.</i>—The House of Commons, from the +earliest records of its regular existence in the 23rd year of +Edward I., consisted of seventy-four knights, or representatives +from all the counties of England, except Chester, Durham, and +Monmouth, and of a varying number of deputies from the cities +and boroughs; sometimes in the earliest period of representation +amounting to as many as two hundred and sixty; sometimes, +by the negligence or partiality of the sheriffs in omitting places +that had formerly returned members, to not more than two-thirds +of that number. New boroughs, however, as being grown +into importance, or from some private motive, acquired the +franchise of election; and at the accession of Henry VIII. we +<span class="pagenum"><a name="Page_33" id="Page_33">33</a></span> +find two hundred and twenty-four citizens and burgesses from +one hundred and eleven towns (London sending four), none of +which have since intermitted their privilege.</p> + +<p><i>Question as to rights of election.</i>—I must so far concur with +those whose general principles as to the theory of parliamentary +reform leave me far behind, as to profess my opinion that the +change, which appears to have taken place in the English government +towards the end of the thirteenth century, was founded +upon the maxim that all who possessed landed or movable +property ought, as freemen, to be bound by no laws, and especially +by no taxation, to which they had not consented through +their representatives. If we look at the constituents of a +House of Commons under Edward I. or Edward III., and consider +the state of landed tenures and of commerce at that period, +we shall perceive that, excepting women, who have generally +been supposed capable of no political right but that of reigning, +almost every one who contributed towards the tenths and +fifteenths granted by the parliament, might have exercised the +franchise of voting for those who sat in it. Were we even to +admit, that in corporate boroughs the franchise may have been +usually vested in the freemen rather than the inhabitants, yet +this distinction, so important in later ages, was of little consequence +at a time when all traders, that is all who possessed +any movable property worth assessing, belonged to the former +class. I do not pretend that no one was contributory to a +subsidy, who did not possess a vote; but that the far greater +portion was levied on those who, as freeholders or burgesses, +were reckoned in law to have been consenting to its imposition. +It would be difficult probably to name any town of the least +consideration in the fourteenth and fifteenth centuries, which +did not, at some time or other, return members to parliament. +This is so much the case that if, in running our eyes along the +map, we find any sea-port, as Sunderland or Falmouth, or any +inland town, as Leeds or Birmingham, which has never enjoyed +the elective franchise, we may conclude at once that it has +emerged from obscurity since the reign of Henry VIII.<a name="FNanchor_65" id="FNanchor_65" href="#Footnote_65" class="fnanchor">[65]</a> +</p> + +<p>Though scarce any considerable town, probably, was intentionally +left out, except by the sheriffs' partiality, it is not to +be supposed that all boroughs that made returns were considerable. +Several that are currently said to be decayed, were never +<span class="pagenum"><a name="Page_34" id="Page_34">34</a></span> +much better than at present. Some of these were the ancient +demesne of the Crown; the tenants of which not being suitors +to the county courts, nor voting in the election of knights for +the shire, were, still on the same principle of consent to public +burthens, called upon to send their own representatives. Others +received the privilege along with their charter of incorporation, +in the hope that they would thrive more than proved to be +the event; and possibly, even in such early times, the idea of +obtaining influence in the Commons through the votes of their +burgesses might sometimes suggest itself.</p> + +<p>That, amidst all this care to secure the positive right of representation, +so little provision should have been made as to its +relative efficiency, that the high-born and opulent gentry should +have been so vastly outnumbered by peddling traders, that the +same number of two should have been deemed sufficient for the +counties of York and Rutland, for Bristol and Gatton, are facts +more easy to wonder at than to explain; for, though the total +ignorance of the government as to the relative population might +be perhaps a sufficient reason for not making an attempt at +equalisation, yet if the representation had been founded on +anything like a numerical principle, there would have been +no difficulty in reducing it to the proportion furnished by the +books of subsidy for each county and borough, or at least in a +rude approximation towards a more rational distribution.</p> + +<p>Henry VIII. gave a remarkable proof that no part of the +kingdom, subject to the English laws and parliamentary burthens, +ought to want its representation, by extending the right +of election to the whole of Wales, the counties of Chester and +Monmouth, and even the towns of Berwick and Calais. It +might be possible to trace the reason, why the county of Durham +was passed over. The attachment of those northern parts to +popery seems as likely as any other. Thirty-three were thus +added to the Commons. Edward VI. created fourteen boroughs, +and restored ten that had disused their privilege. Mary added +twenty-one, Elizabeth sixty, and James twenty-seven members.<a name="FNanchor_66" id="FNanchor_66" href="#Footnote_66" class="fnanchor">[66]</a> +</p> + +<p>These accessions to the popular chamber of parliament after +the reign of Henry VIII. were by no means derived from a +popular principle, such as had influenced its earlier constitution. +We may account perhaps on this ground for the writs addressed +to a very few towns, such as Westminster. But the design of +<span class="pagenum"><a name="Page_35" id="Page_35">35</a></span> +that great influx of new members from petty boroughs, which +began in the short reigns of Edward and Mary, and continued +under Elizabeth, must have been to secure the authority of +government, especially in the successive revolutions of religion. +Five towns only in Cornwall made returns at the accession of +Edward VI.; twenty-one at the death of Elizabeth. It will not +be pretended that the wretched villages, which corruption and +perjury still hardly keep from famine, were seats of commerce +and industry in the sixteenth century. But the county of +Cornwall was more immediately subject to a coercive influence, +through the indefinite and oppressive jurisdiction of the stannary +court. Similar motives, if we could discover the secrets of those +governments, doubtless operated in most other cases. A slight +difficulty seems to have been raised in 1563 about the introduction +of representatives from eight new boroughs at once by +charters from the Crown, but was soon waived with the complaisance +usual in those times. Many of the towns, which had +abandoned their privilege at a time when they were compelled +to the payment of daily wages to their members during the +session, were now desirous of recovering it, when that burthen +had ceased and the franchise had become valuable. And the +house, out of favour to popular rights, laid it down in the reign +of James I. as a principle, that every town, which has at any +time returned members to parliament, is entitled to a writ as +a matter of course. The speaker accordingly issued writs to +Hertford, Pomfret, Ilchester, and some other places, on their +petition. The restorations of boroughs in this manner, down +to 1641, are fifteen in number. But though the doctrine that +an elective right cannot be lost by disuse, is still current in +parliament, none of the very numerous boroughs which have +ceased to enjoy that franchise since the days of the three first +Edwards, have from the restoration downwards made any +attempt at retrieving it; nor is it by any means likely that they +would be successful in the application. Charles I., whose temper +inspired him rather with a systematic abhorrence of parliaments +than with any notion of managing them by influence, created +no new boroughs. The right indeed would certainly have been +disputed, however frequently exercised. In 1673 the county +and city of Durham, which had strangely been unrepresented to +so late an æra, were raised by act of parliament to the privileges +of their fellow-subjects.<a name="FNanchor_67" id="FNanchor_67" href="#Footnote_67" class="fnanchor">[67]</a> + About the same time a charter was +<span class="pagenum"><a name="Page_36" id="Page_36">36</a></span> +granted to the town of Newark, enabling it to return two +burgesses. It passed with some little objection at the time; +but four years afterwards, after two debates, it was carried on +the question, by 125 to 73, that by virtue of the charter granted +to the town of Newark, it hath right to send burgesses to serve +in parliament.<a name="FNanchor_68" id="FNanchor_68" href="#Footnote_68" class="fnanchor">[68]</a> + Notwithstanding this apparent recognition of +the king's prerogative to summon burgesses from a town not +previously represented, no later instance of its exercise has +occurred; and it would unquestionably have been resisted by +the Commons, not, as is vulgarly supposed, because the act of +union with Scotland has limited the English members to 513 +(which is not the case), but upon the broad maxims of exclusive +privilege in matters relating to their own body, which the house +was become powerful enough to assert against the Crown.</p> + +<p>It is doubtless a problem of no inconsiderable difficulty to +determine with perfect exactness, by what class of persons the +electoral franchise in ancient boroughs was originally possessed; +yet not perhaps so much so as the carelessness of some, and the +artifices of others, have caused it to appear. The different +opinions on this controverted question may be reduced to the +four following theses:—1. The original right as enjoyed by +boroughs represented in the parliaments of Edward I., and all +of later creation, where one of a different nature has not been +expressed in the charter from which they derive the privilege, +was in the inhabitant householders resident in the borough, and +paying scot and lot, under those words including local rates, +and probably general taxes. 2. The right sprang from the +tenure of certain freehold lands or burgages within the borough, +and did not belong to any but such tenants. 3. It was derived +from charters of incorporation, and belonged to the community +or freemen of the corporate body. 4. It did not extend to the +generality of freemen, but was limited to the governing part or +municipal magistracy. The actual right of election, as fixed +by determinations of the House of Commons before 1772, and +by committees under the Grenville act since, is variously +grounded upon some of these four principal rules, each of which +has been subject to subordinate modifications which produce +still more complication and irregularity.</p> + +<p>Of these propositions, the first was laid down by a celebrated +committee of the House of Commons in 1624, the chairman +whereof was Serjeant Glanville, and the members, as appears by +the list in the journals, the most eminent men, in respect of +<span class="pagenum"><a name="Page_37" id="Page_37">37</a></span> +legal and constitutional knowledge, that were ever united in +such a body. It is called by them the common-law right, and +that which ought always to obtain, where prescriptive usage +to the contrary cannot be shown. But it has met with very +little favour from the House of Commons since the restoration. +The second has the authority of Lord Holt in the case of Ashby +and White, and of some other lawyers who have turned their +attention to the subject. It countenances what is called the +right of burgage tenure; the electors in boroughs of this description +being such as hold burgages or ancient tenements within +the borough. The next theory, which attaches the primary +franchise to the freemen of corporations, has on the whole been +most received in modern times, if we look either at the decisions +of the proper tribunal, or the current doctrine of lawyers. The +last proposition is that of Dr. Brady, who in a treatise of +boroughs, written to serve the purposes of James II., though +not published till after the revolution, endeavoured to settle +all elective rights on the narrowest and least popular basis. +This work gained some credit, which its perspicuity and acuteness +would deserve, if these were not disgraced by a perverse +sophistry and suppression of truth.</p> + +<p>It does not appear at all probable that such varying and +indefinite usages, as we find in our present representation of +boroughs, could have begun simultaneously, when they were +first called to parliament by Edward I. and his two next descendants. +There would have been what may be fairly called +a common-law right, even were we to admit that some variation +from it may, at the very commencement, have occurred in +particular places. The earliest writ of summons directed the +sheriff to make a return from every borough within his jurisdiction, +without any limitation to such as had obtained charters, +or any rule as to the electoral body. Charters, in fact, incorporating +towns seem to have been by no means common in +the thirteenth and fourteenth centuries; and though they grew +more frequent afterwards, yet the first that gave expressly a +right of returning members to parliament was that of Wenlock +under Edward IV. These charters, it has been contended, were +incorporations of the inhabitants, and gave no power either to +exclude any of them or to admit non-resident strangers, according +to the practice of later ages. But, however this may be, +it is highly probable that the word burgess (burgensis), long +before the elective franchise or the character of a corporation +existed, meant literally the free inhabitant householder of a +<span class="pagenum"><a name="Page_38" id="Page_38">38</a></span> +borough, a member of its court-leet, and subject to its jurisdiction. +We may, I believe, reject with confidence what I have +reckoned as the third proposition; namely, that the elective +franchise belonged, as of common right, to the freemen of +corporations; and still more that of Brady, which few would be +found to support at the present day.</p> + +<p>There can, I should conceive, be little pretence for affecting +to doubt that the burgesses of Domesday-book, of the various +early records cited by Madox and others, and of the writs of +summons to Edward's parliament, were inhabitants of tenements +within the borough. But it may remain to be proved +that any were entitled to the privileges or rank of burgesses, +who held less than an estate of freehold in their possessions. +The burgage-tenure, of which we read in Littleton, was evidently +freehold; and it might be doubtful whether the lessees of +dwellings for a term of years, whose interest, in contemplation of +law, is far inferior to a freehold, were looked upon as sufficiently +domiciled within the borough to obtain the appellation of +burgesses. It appears from Domesday that the burgesses, long +before any incorporation, held lands in common belonging to +their town; they had also their guild or market-house, and +were entitled in some places to tolls and customs. These +permanent rights seem naturally restrained to those who +possessed an absolute property in the soil. There can surely be +no question as to mere tenants at will, liable to be removed from +their occupation at the pleasure of the lord; and it is perhaps +unnecessary to mention that the tenancy from year to year, so +usually present, is of very recent introduction. As to estates +for a term of years, even of considerable duration, they were +probably not uncommon in the time of Edward I.; yet far outnumbered, +as I should conceive, by those of a freehold nature. +Whether these lessees were contributory to the ancient local +burthens of scot and lot, as well as to the tallages exacted by the +king, and tenths afterwards imposed by parliament in respect +of movable estate, it seems not easy to determine; but if they +were so, as appears more probable, it was not only consonant +to the principle, that no freeman should be liable to taxation +without the consent of his representatives, to give them a share +in the general privilege of the borough, but it may be inferred +with sufficient evidence from several records, that the privilege +and the burthen were absolutely commensurate; men having +been specially discharged from contributing to tallages, because +they did not participate in the liberties of the borough, and +<span class="pagenum"><a name="Page_39" id="Page_39">39</a></span> +others being expressly declared subject to those impositions, as +the condition of their being admitted to the rights of burgesses.<a name="FNanchor_69" id="FNanchor_69" href="#Footnote_69" class="fnanchor">[69]</a> + +It might however be conjectured that a difference of usage +between those boroughs, where the ancient exclusive rights of +burgage tenants were maintained, and those where the equitable +claim of taxable inhabitants possessing only a chattel interest +received attention, might ultimately produce those very opposite +species of franchise, which we find in the scot and lot borough, +and in those of burgage-tenure. If the franchise, as we now +denominate it, passed in the thirteenth century for a burthen, +subjecting the elector to bear his part in the payment of wages +to the representative, the above conjecture will be equally +applicable, by changing the words right and claim into liability.<a name="FNanchor_70" id="FNanchor_70" href="#Footnote_70" class="fnanchor">[70]</a> +</p> + +<p>It was according to the natural course of things, that the +mayors or bailiffs, as returning officers, with some of the principal +burgesses (especially where incorporating charters had given +them a pre-eminence), would take to themselves the advantage +of serving a courtier or neighbouring gentleman, by returning +him to parliament, and virtually exclude the general class of +electors, indifferent to public matters, and without a suspicion +that their individual suffrages could ever be worth purchase. +It is certain that a seat in the Commons was an object of +ambition in the time of Edward IV., and I have little doubt +that it was so in many instances much sooner. But there +existed not the means of that splendid corruption which has +emulated the Crassi and Luculli of Rome. Even so late as +<span class="pagenum"><a name="Page_40" id="Page_40">40</a></span> +1571, Thomas Long, a member for Westbury, confessed that he +had given four pounds to the mayor and another person for his +return. The elections were thus generally managed, not often +perhaps by absolute bribery, but through the influence of the +government and of the neighbouring aristocracy; and while +the freemen of the corporation, or resident householders, were +frequently permitted, for the sake of form, to concur in the +election, there were many places where the smaller part of the +municipal body, by whatever names distinguished, acquired a +sort of prescriptive right through an usage, of which it was too +late to show the commencement.<a name="FNanchor_71" id="FNanchor_71" href="#Footnote_71" class="fnanchor">[71]</a> +</p> + +<p>It was perceived, however, by the assertors of the popular +cause under James I. that, by this narrowing of the electoral +franchise, many boroughs were subjected to the influence of the +privy council, which, by restoring the householders to their +legitimate rights, would strengthen the interests of the country. +<span class="pagenum"><a name="Page_41" id="Page_41">41</a></span> +Hence Lord Coke lays it down in his fourth institute, that "if +the king newly incorporate an ancient borough, which before +sent burgesses to parliament, and granteth that certain selected +burgesses shall make election of the burgesses of parliament, +where all the burgesses elected before, this charter taketh not +away the election of the other burgesses. And so, if a city or +borough hath power to make ordinances, they cannot make +an ordinance that a less number shall elect burgesses for the +parliament than made the election before; for free elections of +members of the high court of parliament are pro bono publico, +and not to be compared to other cases of election of mayors, +bailiffs, etc., of corporations.<a name="FNanchor_72" id="FNanchor_72" href="#Footnote_72" class="fnanchor">[72]</a> + He adds, however, "by +original grant or by custom, a selected number of burgesses may +elect and bind the residue." This restriction was admitted by +the committee over which Glanville presided in 1624.<a name="FNanchor_73" id="FNanchor_73" href="#Footnote_73" class="fnanchor">[73]</a> + But +both they and Lord Coke believed the representation of boroughs +to be from a date before what is called legal memory, that is, +the accession of Richard I. It is not easy to reconcile their +principle, that an elective right once subsisting could not be +limited by anything short of immemorial prescription, with +some of their own determinations, and still less with those +which have subsequently occurred, in favour of a restrained right +of suffrage. There seems, on the whole, great reason to be of +opinion, that where a borough is so ancient as to have sent +members to parliament before any charter of incorporation +proved, or reasonably presumed to have been granted, or where +the word burgensis is used without anything to restrain its +meaning in an ancient charter, the right of election ought to have +been acknowledged either in the resident householders paying +general and local taxes, or in such of them as possessed an +estate of freehold within the borough. And whatever may have +been the primary meaning of the word burgess, it appears consonant +to the popular spirit of the English constitution that, +after the possessors of leasehold interests became so numerous +and opulent as to bear a very large share in the public burthens, +they should have enjoyed commensurate privileges; and that +the resolution of Mr. Glanville's committee in favour of what +they called the common-law right should have been far more +uniformly received, and more consistently acted upon, not +merely as agreeable to modern theories of liberty, from which +<span class="pagenum"><a name="Page_42" id="Page_42">42</a></span> +some have intimated it to have sprung, but as grounded on the +primitive spirit and intention of the law of parliament.</p> + +<p>In the reign of Charles II. the House of Commons seems to +have become less favourable to this species of franchise. But +after the revolution, when the struggle of parties was renewed +every three years throughout the kingdom, the right of election +came more continually into question, and was treated with the +grossest partiality by the house, as subordinate to the main +interests of the rival factions. Contrary determinations for the +sole purpose of serving these interests, as each grew in its turn +more powerful, frequently occurred; and at this time the ancient +right of resident householders seems to have grown into disrepute, +and given way to that of corporations, sometimes at +large, sometimes only in a limited and very small number. A +slight check was imposed on this scandalous and systematic +injustice by the act 2 G. ii. c. 2, which renders the last determination +of the House of Commons conclusive as to the right +of election.<a name="FNanchor_74" id="FNanchor_74" href="#Footnote_74" class="fnanchor">[74]</a> + But this enactment confirmed many decisions +that cannot be reconciled with any sensible rule. The same +iniquity continued to prevail in cases beyond its pale; the fall +of Sir Robert Walpole from power was reckoned to be settled, +when there appeared a small majority against him on the right +of election at Chippenham, a question not very logically connected +with the merits of his administration; and the house +would to this day have gone on trampling on the franchises of +their constituents, if a statute had not been passed through the +authority and eloquence of Mr. Grenville, which has justly been +known by his name. I shall not enumerate the particular +provisions of this excellent law, which, in point of time, does +not fall within the period of my present work; it is generally +acknowledged that, by transferring the judicature in all cases +of controverted elections, from the house to a sworn committee +of fifteen members, the reproach of partiality has been a good +deal lightened, though not perhaps effaced.</p> + +<p> +<span class="pagenum"><a name="Page_43" id="Page_43">43</a></span></p> + +<h2>CHAPTER XIV<br /> +<span class="s08">THE REIGN OF JAMES II.</span></h2> + +<p>The great question that has been brought forward at the end +of the last chapter, concerning the right and usage of election +in boroughs, was perhaps of less practical importance in the +reign of Charles the Second than we might at first imagine, or +than it might become in the present age. Whoever might be +the legal electors, it is undoubted that a great preponderance +was virtually lodged in the select body of corporations. It was +the knowledge of this that produced the corporation act soon +after the restoration, to exclude the presbyterians, and the more +violent measures of quo warranto at the end of Charles's reign. +If by placing creatures of the court in municipal offices, or by +intimidating the former corporators through apprehensions of +forfeiting their common property and lucrative privileges, what +was called a loyal parliament could be procured, the business of +government, both as to supply and enactment or repeal of laws, +would be carried on far more smoothly, and with less scandal +than by their entire disuse. Few of those who assumed the +name of tories were prepared to sacrifice the ancient fundamental +forms of the constitution. They thought it equally +necessary that a parliament should exist, and that it should have +no will of its own, or none at least, except for the preservation +of that ascendancy of the established religion which even their +loyalty would not consent to surrender.</p> + +<p><i>Designs of the king.</i>—It is not easy to determine whether +James II. had resolved to complete his schemes of arbitrary +government by setting aside even the nominal concurrence of +the two houses of parliament in legislative enactments, and +especially in levying money on his subjects. Lord Halifax had +given him much offence towards the close of the late reign, and +was considered from thenceforth as a man unfit to be employed, +because in the cabinet, on a question whether the people of +New England should be ruled in future by an assembly or by +the absolute pleasure of the Crown, he had spoken very freely +against unlimited monarchy.<a name="FNanchor_75" id="FNanchor_75" href="#Footnote_75" class="fnanchor">[75]</a> + James indeed could hardly avoid +<span class="pagenum"><a name="Page_44" id="Page_44">44</a></span> +perceiving that the constant acquiescence of an English House +of Commons in the measures proposed to it, a respectful abstinence +from all intermeddling with the administration of affairs, +could never be relied upon or obtained at all, without much of +that dexterous management and influence which he thought it +both unworthy and impolitic to exert. It seems clearly that +he had determined on trying their obedience merely as an +experiment, and by no means to put his authority in any +manner within their control. Hence he took the bold step of +issuing a proclamation for the payment of customs, which by +law expired at the late king's death;<a name="FNanchor_76" id="FNanchor_76" href="#Footnote_76" class="fnanchor">[76]</a> + and Barillon mentions +several times, that he was resolved to continue in the possession +of the revenue, whether the parliament should grant it or no. +He was equally decided not to accept it for a limited time. +This, as his principal ministers told the ambassador, would be +to establish the necessity of convoking parliament from time to +time, and thus to change the form of government by rendering +the king dependent upon it; rather than which it would be +better to come at once to the extremity of a dissolution, +and maintain the possession of the late king's revenues by +open force.<a name="FNanchor_77" id="FNanchor_77" href="#Footnote_77" class="fnanchor">[77]</a> + But the extraordinary conduct of this House of +<span class="pagenum"><a name="Page_45" id="Page_45">45</a></span> +Commons, so unlike any that had met in England for the last +century, rendered any exertion of violence on this score quite +unnecessary.</p> + +<p><i>Parliament of 1685.</i>—The behaviour of that unhonoured +parliament, which held its two short sessions in 1685, though +in a great measure owing to the fickleness of the public mind +and rapid ascendancy of tory principles during the late years, +as well as to a knowledge of the king's severe and vindictive +temper, seems to confirm the assertion strongly made at the +time within its walls, that many of the members had been +unduly returned.<a name="FNanchor_78" id="FNanchor_78" href="#Footnote_78" class="fnanchor">[78]</a> + The notorious facts indeed, as to the forfeiture +of corporations throughout the kingdom, and their regrant +under such restrictions as might serve the purpose of the +Crown, stand in need of no confirmation. Those who look at +the debates and votes of this assembly, their large grant of a +permanent revenue to the annual amount of two millions, +rendering a frugal prince, in time of peace, entirely out of all +dependence on his people, their timid departure from a resolution +taken to address the king on the only matter for which +they were really solicitous, the enforcement of the penal laws, +on a suggestion of his displeasure,<a name="FNanchor_79" id="FNanchor_79" href="#Footnote_79" class="fnanchor">[79]</a> + their bill entitled, for the +preservation of his majesty's person, full of dangerous innovations +<span class="pagenum"><a name="Page_46" id="Page_46">46</a></span> +in the law of treason, especially one most unconstitutional +clause, that any one moving in either house of parliament to +change the descent of the Crown should incur the penalties of +that offence,<a name="FNanchor_80" id="FNanchor_80" href="#Footnote_80" class="fnanchor">[80]</a> + their supply of £700,000, after the suppression of +Monmouth's rebellion, for the support of a standing army,<a name="FNanchor_81" id="FNanchor_81" href="#Footnote_81" class="fnanchor">[81]</a> + will +be inclined to believe that, had James been as zealous for the +church of England as his father, he would have succeeded in +establishing a power so nearly despotic that neither the privileges +of parliament, nor much less those of private men, would +have stood in his way. The prejudice which the two last +Stuarts had acquired in favour of the Roman religion, so often +deplored by thoughtless or insidious writers as one of the worst +consequences of their father's ill fortune, is to be accounted +rather among the most signal links in the chain of causes through +which a gracious Providence has favoured the consolidation of +our liberties and welfare. Nothing less than a motive more +universally operating than the interests of civil freedom would +have stayed the compliant spirit of this unworthy parliament, +or rallied, for a time at least, the supporters of indefinite prerogative +under a banner they abhorred.</p> + +<p><i>King's intention to repeal the test act.</i>—We know that the +king's intention was to obtain the repeal of the habeas corpus +act, a law which he reckoned as destructive of monarchy as the +test was of the catholic religion.<a name="FNanchor_82" id="FNanchor_82" href="#Footnote_82" class="fnanchor">[82]</a> + And I see no reason to +suppose that he would have failed of this, had he not given +alarm to his high-church parliament, by a premature manifestation +of his design to fill the civil and military employments with +the professors of his own mode of faith.</p> + +<p>It has been doubted by Mr. Fox whether James had, in this +part of his reign, conceived the projects commonly imputed to +<span class="pagenum"><a name="Page_47" id="Page_47">47</a></span> +him, of overthrowing, or injuring by any direct acts of power, +the protestant establishment of this kingdom. Neither the +copious extracts from Barillon's correspondence with his own +court, published by Sir John Dalrymple and himself, nor the +king's own memoirs, seem, in his opinion, to warrant a conclusion +that anything farther was intended than to emancipate +the Roman catholics from the severe restrictions of the penal +laws, securing the public exercise of their worship from molestation, +and to replace them upon an equality as to civil offices, +by abrogating the test act of the late reign.<a name="FNanchor_83" id="FNanchor_83" href="#Footnote_83" class="fnanchor">[83]</a> + We find nevertheless +a remarkable conversation of the king himself with the +French ambassador, which leaves an impression on the mind +that his projects were already irreconcilable with that pledge of +support he had rather unadvisedly given to the Anglican church +at his accession. This interpretation of his language is confirmed +by the expressions used at the same time by Sunderland, +which are more unequivocal and point at the complete establishment +of the catholic religion.<a name="FNanchor_84" id="FNanchor_84" href="#Footnote_84" class="fnanchor">[84]</a> + The particular care displayed +<span class="pagenum"><a name="Page_48" id="Page_48">48</a></span> +by James in this conversation, and indeed in so many notorious +instances, to place the army, as far as possible, in the command +of catholic officers, has very much the appearance of his looking +towards the employment of force in overthrowing the protestant +church, as well as the civil privileges of his subjects. +Yet he probably entertained confident hopes, in the outset of +his reign, that he might not be driven to this necessity, or at +least should only have occasion to restrain a fanatical populace. +He would rely on the intrinsic excellence of his own religion, +and still more on the temptations that his favour would hold +out. For the repeal of the test would not have placed the two +religions on a fair level. Catholics, however little qualified, +would have filled, as in fact they did under the dispensing +power, most of the principal stations in the court, law, and +army. The king told Barillon, he was well enough acquainted +with England to be assured, that the admissibility to office +would make more catholics than the right of saying mass +publicly. There was, on the one hand, a prevailing laxity of +principle in the higher ranks, and a corrupt devotedness to +power for the sake of the emoluments it could dispense, which +encouraged the expectation of such a nominal change in religion +<span class="pagenum"><a name="Page_49" id="Page_49">49</a></span> +as had happened in the sixteenth century. And, on the other, +much was hoped by the king from the church itself. He had +separated from her communion in consequence of the arguments +which her own divines had furnished; he had conversed with +men bred in the school of Laud; and was slow to believe that +the conclusions which he had, not perhaps unreasonably, derived +from the semi-protestant theology of his father's reign, would +not appear equally irresistible to all minds, when free from the +danger and obloquy that had attended them. Thus by a voluntary +return of the clergy and nation to the bosom of the catholic +church, he might both obtain an immortal renown, and secure +his prerogative against that religious jealousy which had always +been the aliment of political factions.<a name="FNanchor_85" id="FNanchor_85" href="#Footnote_85" class="fnanchor">[85]</a> + Till this revolution +however could be brought about, he determined to court the +church of England, whose boast of exclusive and unlimited +loyalty could hardly be supposed entirely hollow, in order to +obtain the repeal of the penal laws and disqualifications which +affected that of Rome. And though the maxims of religious +toleration had been always in his mouth, he did not hesitate to +propitiate her with the most acceptable sacrifice, the persecution +of nonconforming ministers. He looked upon the dissenters as +men of republican principles; and if he could have made his +bargain for the free exercise of the catholic worship, I see no +reason to doubt that he would never have announced his general +indulgence to tender consciences.<a name="FNanchor_86" id="FNanchor_86" href="#Footnote_86" class="fnanchor">[86]</a> +</p> + +<p> +<span class="pagenum"><a name="Page_50" id="Page_50">50</a></span></p> + +<p><i>James deceived as to the disposition of his subjects.</i>—But James +had taken too narrow a view of the mighty people whom he +governed. The laity of every class, the tory gentleman almost +equally with the presbyterian artisan, entertained an inveterate +abhorrence of the Romish superstition. Their first education, +the usual tenor of preaching, far more polemical than at present, +the books most current, the tradition of ancient cruelties and +conspiracies, rendered this a cardinal point of religion even with +those who had little beside. Many still gave credit to the +popish plot; and with those who had been compelled to admit +its general falsehood, there remained, as is frequently the case, +an indefinite sense of dislike and suspicion, like the swell of +waves after a storm, which attached itself to all the objects of +that calumny.<a name="FNanchor_87" id="FNanchor_87" href="#Footnote_87" class="fnanchor">[87]</a> + This was of course enhanced by the insolent +and injudicious confidence of the Romish faction, especially +the priests, in their demeanour, their language, and their publications. +Meanwhile a considerable change had been wrought +in the doctrinal system of the Anglican church since the restoration. +The men most conspicuous in the reign of Charles II. for +their writings, and for their argumentative eloquence in the +pulpit, were of the class who had been denominated Latitudinarian +divines; and while they maintained the principles of the +Remonstrants in opposition to the school of Calvin, were powerful +and unequivocal supporters of the protestant cause against +<span class="pagenum"><a name="Page_51" id="Page_51">51</a></span> +Rome. They made none of the dangerous concessions which +had shaken the faith of the Duke and Duchess of York, they +regretted the disuse of no superstitious ceremony, they denied +not the one essential characteristic of the reformation, the right +of private judgment, they avoided the mysterious jargon of a +real presence in the Lord's Supper. Thus such an agreement +between the two churches as had been projected at different +times was become far more evidently impracticable, and the +separation more broad and defined.<a name="FNanchor_88" id="FNanchor_88" href="#Footnote_88" class="fnanchor">[88]</a> + These men, as well as +others who do not properly belong to the same class, were now +distinguished by their courageous and able defences of the +reformation. The victory, in the judgment of the nation, was +wholly theirs. Rome had indeed her proselytes, but such as it +would have been more honourable to have wanted. The people +heard sometimes with indignation, or rather with contempt, +that an unprincipled minister, a temporising bishop, or a licentious +poet, had gone over to the side of a monarch who made +conformity with his religion the only certain path to his favour.</p> + +<p><i>Prorogation of parliament.</i>—The short period of a four years' +reign may be divided by several distinguishing points of time, +which make so many changes in the posture of government. +From the king's accession to the prorogation of parliament on +November 30, 1685, he had acted apparently in concurrence +with the same party that had supported him in his brother's +reign, of which his own seemed the natural and almost undistinguishable +continuation. This party, which had become +incomparably stronger than the opposite, had greeted him with +such unbounded professions,<a name="FNanchor_89" id="FNanchor_89" href="#Footnote_89" class="fnanchor">[89]</a> + the temper of its representatives +<span class="pagenum"><a name="Page_52" id="Page_52">52</a></span> +had been such in the first session of parliament, that a prince +less obstinate than James might have expected to succeed in +attaining an authority which the nation seemed to offer. A +rebellion speedily and decisively quelled confirms every government; +it seemed to place his own beyond hazard. Could he +have been induced to change the order of his designs, and +accustom the people to a military force, and to a prerogative +of dispensing with statutes of temporal concern, before he +meddled too ostensibly with their religion, he would possibly +have gained both the objects of his desire. Even conversions +to popery might have been more frequent, if the gross solicitations +of the court had not made them dishonourable. But, +neglecting the hint of a prudent adviser, that the death of +Monmouth left a far more dangerous enemy behind, he suffered +a victory that might have ensured him success, to inspire an +arrogant confidence that led on to destruction. Master of an +army, and determined to keep it on foot, he naturally thought +less of a good understanding with parliament.<a name="FNanchor_90" id="FNanchor_90" href="#Footnote_90" class="fnanchor">[90]</a> + He had already +<span class="pagenum"><a name="Page_53" id="Page_53">53</a></span> +rejected the proposition of employing bribery among the members, +an expedient very little congenial to his presumptuous +temper and notions of government.<a name="FNanchor_91" id="FNanchor_91" href="#Footnote_91" class="fnanchor">[91]</a> + They were assembled, in +his opinion, to testify the nation's loyalty, and thankfulness to +their gracious prince for not taking away their laws and liberties. +But, if a factious spirit of opposition should once prevail, it +could not be his fault if he dismissed them till more becoming +sentiments should again gain ground.<a name="FNanchor_92" id="FNanchor_92" href="#Footnote_92" class="fnanchor">[92]</a> + Hence, he did not +hesitate to prorogue, and eventually to dissolve, the most compliant +House of Commons that had been returned since his +family had sat on the throne, at the cost of £700,000, a grant of +supply which thus fell to the ground, rather than endure any +opposition on the subject of the test and penal laws. Yet, +from the strength of the court in all divisions, it must seem not +improbable to us that he might, by the usual means of management, +have carried both of those favourite measures, at least +through the lower house of parliament. For the Crown lost the +most important division only by one vote, and had in general +a majority. The very address about unqualified officers, which +gave the king such offence as to bring on a prorogation, was +worded in the most timid manner; the house having rejected +unanimously the words first inserted by their committee, requesting +that his majesty would be pleased not to continue +them in their employments, for a vague petition that "he would +be graciously pleased to give such directions that no apprehensions +or jealousies may remain in the hearts of his majesty's +good and faithful subjects."<a name="FNanchor_93" id="FNanchor_93" href="#Footnote_93" class="fnanchor">[93]</a> +</p> + +<p> +<span class="pagenum"><a name="Page_54" id="Page_54">54</a></span></p> + +<p>The second period of this reign extends from the prorogation +of parliament to the dismissal of the Earl of Rochester from the +treasury in 1686. During this time James, exasperated at the +reluctance of the Commons to acquiesce in his measures, and +the decisive opposition of the church, threw off the half restraint +he had imposed on himself; and showed plainly that, with a +bench of judges to pronounce his commands, and an army to +enforce them, he would not suffer the mockery of constitutional +limitations to stand any longer in his way. Two important +steps were made this year towards the accomplishment of his +designs, by the judgment of the court of king's bench in the +case of Sir Edward Hales, confirming the right of the Crown +to dispense with the test act, and by the establishment of the +new ecclesiastical commission.</p> + +<p>The kings of England, if not immemorially, yet from a +very early æra in our records, had exercised a prerogative unquestioned +by parliament, and recognised by courts of justice, +that of granting dispensations from the prohibitions and penalties +of particular laws. The language of ancient statutes was +usually brief and careless, with few of those attempts to regulate +prospective contingencies, which, even with our pretended +modern caution, are so often imperfect; and, as the sessions +were never regular, sometimes interrupted for several years, +there was a kind of necessity, or great convenience, in deviating +occasionally from the rigour of a general prohibition; more often +perhaps some motive of interest or partiality would induce the +Crown to infringe on the legal rule. This dispensing power, +however, grew up, as it were, collaterally to the sovereignty of +the legislature, which it sometimes appeared to overshadow. +It was of course asserted in large terms by counsellors of state, +and too frequently by the interpreters of law. Lord Coke, +before he had learned the bolder tone of his declining years, lays +it down, that no act of parliament can bind the king from any +prerogative which is inseparable from his person, so that he may +not dispense with it by a non-obtante; such is his sovereign +<span class="pagenum"><a name="Page_55" id="Page_55">55</a></span> +power to command any of his subjects to serve him for the +public weal, which solely and inseparably is annexed to his +person, and cannot be restrained by any act of parliament. +Thus, although the statute 23 H. 6, c. 8, provides that all patents +to hold the office of sheriff for more than one year shall be void, +and even enacts that the king shall not dispense with it; yet it +was held by all the judges in the reign of Henry VII. that the +king may grant such a patent for a longer term on good grounds, +whereof he alone is the judge. So also the statutes which +restrain the king from granting pardons in case of murder have +been held void; and doubtless the constant practice has been +to disregard them.<a name="FNanchor_94" id="FNanchor_94" href="#Footnote_94" class="fnanchor">[94]</a> +</p> + +<p>This high and dangerous prerogative, nevertheless, was +subject to several limitations, which none but the grosser +flatterers of monarchy could deny. It was agreed among +lawyers that the king could not dispense with the common law, +nor with any statute prohibiting that which was <i>malum in se</i>, +nor with any right or interest of a private person, or corporation.<a name="FNanchor_95" id="FNanchor_95" href="#Footnote_95" class="fnanchor">[95]</a> + +The rules, however, were still rather complicated, the boundaries +indefinite, and therefore varying according to the political +character of the judges. For many years dispensations had +been confined to taking away such incapacity as either the +statutes of a college, or some law of little consequence, perhaps +almost obsolete, might happen to have created. But when a +collusive action was brought against Sir Edward Hales, a +Roman catholic, in the name of his servant, to recover the +penalty of £500 imposed by the test act, for accepting the commission +of colonel of a regiment, without the previous qualification +of receiving the sacrament in the church of England, the +whole importance of the alleged prerogative became visible, and +the fate of the established constitution seemed to hang upon the +decision. The plaintiff's advocate, Northey, was known to have +received his fee from the other side, and was thence suspected, +perhaps unfairly, of betraying his own cause;<a name="FNanchor_96" id="FNanchor_96" href="#Footnote_96" class="fnanchor">[96]</a> + but the chief +justice Herbert showed that no arguments against this prerogative +would have swayed his determination. Not content +with treating the question as one of no difficulty, he grounded +his decision in favour of the defendant upon principles that +would extend far beyond the immediate case. He laid it down +that the kings of England were sovereign princes, that the laws +of England were the king's laws; that it was consequently an +<span class="pagenum"><a name="Page_56" id="Page_56">56</a></span> +inseparable prerogative of the Crown to dispense with penal +laws in particular cases, for reasons of which it was the sole +judge. This he called the ancient remains of the sovereign +power and prerogative of the kings of England, which never yet +was taken from them, nor could be. There was no law, he said, +that might not be dispensed with by the supreme lawgiver +(meaning evidently the king, since the proposition would otherwise +be impertinent); though he made a sort of distinction as +to those which affected the subject's private right. But the +general maxims of slavish churchmen and lawyers were asserted +so broadly that a future judge would find little difficulty in +making use of this precedent to justify any stretch of arbitrary +power.<a name="FNanchor_97" id="FNanchor_97" href="#Footnote_97" class="fnanchor">[97]</a> +</p> + +<p>It is by no means evident that the decision in this particular +case of Hales, which had the approbation of eleven judges out +of twelve, was against law.<a name="FNanchor_98" id="FNanchor_98" href="#Footnote_98" class="fnanchor">[98]</a> + The course of former precedents +seems rather to furnish its justification. But the less untenable +such a judgment in favour of the dispensing power might appear, +the more necessity would men of reflection perceive of making +some great change in the relations of the people towards their +sovereign. A prerogative of setting aside the enactments of +parliament, which in trifling matters, and for the sake of conferring +a benefit on individuals, might be suffered to exist with +little mischief, became intolerable when exercised in contravention +of the very principle of those statutes which had been +provided for the security of fundamental liberties or institutions. +Thus the test act, the great achievement, as it had been reckoned, +of the protestant party, for the sake of which the most subservient +of parliaments had just then ventured to lose the king's +favour, became absolutely nugatory and ineffective, by a construction +which the law itself did not reject. Nor was it easy to +provide any sufficient remedy by means of parliament; since it +was the doctrine of the judges, that the king's inseparable and +sovereign prerogatives in matters of government could not be +taken away or restrained by statute. The unadvised assertion +in a court of justice of this principle, which though not by any +means novel, had never been advanced in a business of such +universal concern and interest, may be said to have sealed the +condemnation of the house of Stuart. It made the co-existence +of an hereditary line, claiming a sovereign prerogative paramount +<span class="pagenum"><a name="Page_57" id="Page_57">57</a></span> +to the liberties they had vouchsafed to concede, incompatible +with the security or probable duration of those liberties. This +incompatibility is the true basis of the revolution in 1688.</p> + +<p>But, whatever pretext the custom of centuries or the authority +of compliant lawyers might afford for these dispensations from +the test, no legal defence could be made for the ecclesiastical +commission of 1686. The high commission court of Elizabeth +had been altogether taken away by an act of the long parliament, +which went on to provide that no new court should be erected +with the like power, jurisdiction, and authority. Yet the commission +issued by James II. followed very nearly the words of +that which had created the original court under Elizabeth, +omitting a few particulars of little moment.<a name="FNanchor_99" id="FNanchor_99" href="#Footnote_99" class="fnanchor">[99]</a> + It is not known, +I believe, at whose suggestion the king adopted this measure. +The pre-eminence reserved by the commission to Jefferies, whose +presence was made necessary to all their meetings, and the +violence with which he acted in all their transactions on record, +seems to point him out as its great promoter; though it is true +that, at a later period, Jefferies seems to have perceived the +destructive indiscretion of the popish counsellors. It displayed +the king's change of policy and entire separation from that high-church +party, to whom he was indebted for the throne; since +the manifest design of the ecclesiastical commission was to +bridle the clergy, and silence the voice of protestant zeal. The +proceedings against the Bishop of London, and other instances of +hostility to the established religion, are well known.</p> + +<p>Elated by success and general submission, exasperated by the +reluctance and dissatisfaction of those on whom he had relied +for an active concurrence with his desires, the king seems at +least by this time to have formed the scheme of subverting, or +impairing as far as possible, the religious establishment. He +told Barillon, alluding to the ecclesiastical commission, that +God had permitted all the statutes which had been enacted +against the catholic religion to become the means of its re-establishment.<a name="FNanchor_100" id="FNanchor_100" href="#Footnote_100" class="fnanchor">[100]</a> + +But the most remarkable evidence of this +design was the collation of Massey, a recent convert, to the +deanery of Christ Church, with a dispensation from all the +<span class="pagenum"><a name="Page_58" id="Page_58">58</a></span> +statutes of uniformity and other ecclesiastical laws, so ample +that it made a precedent, and such it was doubtless intended to +be, for bestowing any benefices upon members of the church of +Rome. This dispensation seems to have been not generally +known at the time. Burnet has stated the circumstances of +Massey's promotion inaccurately; and no historian, I believe, +till the publication of the instrument after the middle of the last +century, was fully aware of the degree in which the king had +trampled upon the securities of the established church in this +transaction.<a name="FNanchor_101" id="FNanchor_101" href="#Footnote_101" class="fnanchor">[101]</a> +</p> + +<p><i>Dismissal of Lord Rochester.</i>—A deeper impression was made +by the dismissal of Rochester from his post of lord treasurer; so +nearly consequent on his positive declaration of adherence to +the protestant religion, after the dispute held in his presence at +the king's particular command, between divines of both persuasions, +that it had much the appearance of a resolution taken +at court to exclude from the high offices of the state all those +who gave no hope of conversion.<a name="FNanchor_102" id="FNanchor_102" href="#Footnote_102" class="fnanchor">[102]</a> + Clarendon had already given +way to Tyrconnel in the government of Ireland; the privy seal +was bestowed on a catholic peer, Lord Arundel; Lord Bellasis, +of the same religion, was now placed at the head of the commission +of the treasury; Sunderland, though he did not yet +cease to conform, made no secret of his pretended change of +opinion; the council board, by virtue of the dispensing power, +was filled with those who would refuse the test; a small junto +<span class="pagenum"><a name="Page_59" id="Page_59">59</a></span> +of catholics, with Father Petre, the king's confessor, at their +head, took the management of almost all affairs upon themselves;<a name="FNanchor_103" id="FNanchor_103" href="#Footnote_103" class="fnanchor">[103]</a> + +men, whose known want of principle gave reason to +expect their compliance, were raised to bishoprics; there could +be no rational doubt of a concerted scheme to depress and discountenance +the established church. The dismissal of Rochester, +who had gone great lengths to preserve his power and +emoluments, and would in all probability have concurred in the +establishment of arbitrary power under a protestant sovereign,<a name="FNanchor_104" id="FNanchor_104" href="#Footnote_104" class="fnanchor">[104]</a> + +may be reckoned the most unequivocal evidence of the king's +intentions; and from thence we may date the decisive measures +that were taken to counteract them.</p> + +<p><i>Prince of Orange alarmed.</i>—It was, I do not merely say the +interest, but the clear right and bounden duty, of the Prince +of Orange, to watch over the internal politics of England, on +account of the near connection which his own birth and his +marriage with the presumptive heir had created. He was never +to be reckoned a foreigner as to this country, which, even in +the ordinary course of succession, he might be called to govern. +From the time of his union with the Princess Mary, he was the +legitimate and natural ally of the whig party; alien in all his +sentiments from his two uncles, neither of whom, especially +James, treated him with much regard, on account merely of his +attachment to religion and liberty, for he might have secured +<span class="pagenum"><a name="Page_60" id="Page_60">60</a></span> +their affection by falling into their plans. Before such differences +as subsisted between these personages, the bonds of +relationship fall asunder like flax; and William would have +had at least the sanction of many precedents in history, if he +had employed his influence to excite sedition against Charles or +James, and to thwart their administration. Yet his conduct +appears to have been merely defensive; nor had he the remotest +connection with the violent and factious proceedings of Shaftesbury +and his partisans. He played a very dexterous, but +apparently very fair, game throughout the last years of Charles; +never losing sight of the popular party, through whom alone +he could expect influence over England during the life of his +father-in-law, while he avoided any direct rupture with the +brothers, and every reasonable pretext for their taking offence.</p> + +<p>It has never been established by any reputable testimony, +though perpetually asserted, nor is it in the least degree probable, +that William took any share in prompting the invasion of +Monmouth.<a name="FNanchor_105" id="FNanchor_105" href="#Footnote_105" class="fnanchor">[105]</a> + But it is nevertheless manifest that he derived +the greatest advantage from this absurd rebellion and from its +failure; not only, as it removed a mischievous adventurer, +whom the multitude's idle predilection had elevated so high, +that factious men would, under every government, have turned +to account his ambitious imbecility; but as the cruelty with +which this unhappy enterprise was punished rendered the king +odious,<a name="FNanchor_106" id="FNanchor_106" href="#Footnote_106" class="fnanchor">[106]</a> + while the success of his arms inspired him with false +<span class="pagenum"><a name="Page_61" id="Page_61">61</a></span> +confidence, and neglect of caution. Every month, as it brought +forth evidence of James's arbitrary projects, increased the number +of those who looked for deliverance to the Prince of Orange, +either in the course of succession, or by some special interference. +He had, in fact, a stronger motive for watching the councils of +his father-in-law than has generally been known. The king +was, at his accession, in his fifty-fifth year, and had no male +children; nor did the queen's health give much encouragement +to expect them. Every dream of the nation's voluntary return +to the church of Rome must have vanished, even if the consent +of a parliament could be obtained, which was nearly vain to +think of; or if open force and the aid of France should enable +James to subvert the established religion, what had the catholics +to anticipate from his death, but that fearful reaction which had +ensued upon the accession of Elizabeth? This had already so +much disheartened the moderate part of their body that they +were most anxious not to urge forward a change, for which the +kingdom was not ripe, and which was so little likely to endure, +and used their influence to promote a reconciliation between +the king and Prince of Orange, contenting themselves with that +free exercise of their worship which was permitted in Holland.<a name="FNanchor_107" id="FNanchor_107" href="#Footnote_107" class="fnanchor">[107]</a> + +<span class="pagenum"><a name="Page_62" id="Page_62">62</a></span> +But the ambitious priesthood who surrounded the throne had +bolder projects. A scheme was formed early in the king's +reign, to exclude the Princess of Orange from the succession in +favour of her sister Anne, in the event of the latter's conversion +to the Romish faith. The French ministers at our court, Barillon +and Bonrepos, gave ear to this hardy intrigue. They flattered +themselves that both Anne and her husband were favourably +disposed. But in this they were wholly mistaken. No +one could be more unconquerably fixed in her religion than that +princess. The king himself, when the Dutch ambassador, Van +Citers, laid before him a document, probably drawn up by some +catholics of his court, in which these audacious speculations +were developed, declared his indignation at so criminal a project. +It was not even in his power, he let the prince afterwards know +by a message, or in that of parliament, according to the principles +which had been maintained in his own behalf, to change +the fundamental order of succession to the Crown.<a name="FNanchor_108" id="FNanchor_108" href="#Footnote_108" class="fnanchor">[108]</a> + Nothing +indeed can more forcibly paint the desperation of the popish +faction than their entertainment of so preposterous a scheme. +But it naturally increased the solicitude of William about the +intrigues of the English cabinet. It does not appear that any +direct overtures were made to the Prince of Orange, except by +a very few malcontents, till the embassy of Dykvelt from the +States in the spring of 1687. It was William's object to ascertain, +through that minister, the real state of parties in England. +Such assurances as he carried back to Holland gave encouragement +to an enterprise that would have been equally injudicious +and unwarrantable without them.<a name="FNanchor_109" id="FNanchor_109" href="#Footnote_109" class="fnanchor">[109]</a> + Danby, Halifax, Nottingham, +and others of the tory, as well as whig factions, entered +into a secret correspondence with the Prince of Orange; some +from a real attachment to the constitutional limitations of +monarchy; some from a conviction that, without open apostasy +from the protestant faith, they could never obtain from James +the prizes of their ambition. This must have been the predominant +<span class="pagenum"><a name="Page_63" id="Page_63">63</a></span> +motive with Lord Churchill, who never gave any +proof of solicitude about civil liberty; and his influence taught +the Princess Anne to distinguish her interest from those of her +father. It was about this time also that even Sunderland +entered upon a mysterious communication with the Prince of +Orange; but whether he afterwards served his present master +only to betray him, as has been generally believed, or sought +rather to propitiate, by clandestine professions, one who might +in the course of events become such, is not perhaps what the +evidence already known to the world will enable us to determine.<a name="FNanchor_110" id="FNanchor_110" href="#Footnote_110" class="fnanchor">[110]</a> + +The apologists of James have often represented Sunderland's +treachery as extending back to the commencement of this +reign, as if he had entered upon the king's service with no other +aim than to put him on measures that would naturally lead to +his ruin. But the simpler hypothesis is probably nearer the +truth: a corrupt and artful statesman could have no better +prospect for his own advantage than the power and popularity +of a government which he administered; it was a conviction of +the king's incorrigible and infatuated adherence to designs which +the rising spirit of the nation rendered utterly infeasible, an +apprehension that, whenever a free parliament should be called, +he might experience the fate of Strafford as an expiation for the +sins of the Crown, which determined him to secure as far as +possible his own indemnity upon a revolution that he could not +have withstood.<a name="FNanchor_111" id="FNanchor_111" href="#Footnote_111" class="fnanchor">[111]</a> +</p> + +<p> +<span class="pagenum"><a name="Page_64" id="Page_64">64</a></span></p> + +<p>The dismissal of Rochester was followed up at no great distance +of time, by the famous declaration for liberty of conscience, +suspending the execution of all penal laws concerning religion, +and freely pardoning all offences against them, in as full a +manner as if each individual had been named. He declared +also his will and pleasure that the oaths of supremacy and +allegiance, and the several tests enjoined by statutes of the late +reign, should no longer be required of any one before his admission +to offices of trust. The motive of this declaration was not +so much to relieve the Roman catholics from penal and incapacitating +statutes (which, since the king's accession and the judgment +of the court of king's bench in favour of Hales, were +virtually at an end), as by extending to the protestant dissenters +the same full measure of toleration, to enlist under the +standard of arbitrary power those who had been its most +intrepid and steadiest adversaries. It was after the prorogation +of parliament that he had begun to caress that party, who +in the first months of his reign had endured a continuance of +their persecution.<a name="FNanchor_112" id="FNanchor_112" href="#Footnote_112" class="fnanchor">[112]</a> + But the clergy in general detested the nonconformists +still more than the papists, and had always abhorred +the idea of even a parliamentary toleration. The present +declaration went much farther than the recognised prerogative +of dispensing with prohibitory statutes. Instead of removing +the disability from individuals by letters patent, it swept away +at once, in effect, the solemn ordinances of the legislature. +There was, indeed, a reference to the future concurrence of the +two houses, whenever he should think it convenient for them to +meet; but so expressed as rather to insult, than pay respect +to, their authority.<a name="FNanchor_113" id="FNanchor_113" href="#Footnote_113" class="fnanchor">[113]</a> + And no one could help considering the +declaration of a similar nature just published in Scotland, as +the best commentary on the present. In that he suspended all +laws against the Roman catholics and moderate presbyterians, +"by his sovereign authority, prerogative royal, and absolute +power, which all his subjects were to obey without reserve;" +and its whole tenor spoke, in as unequivocal language as his +grandfather was accustomed to use, his contempt of all pretended +limitations on his will.<a name="FNanchor_114" id="FNanchor_114" href="#Footnote_114" class="fnanchor">[114]</a> + Though the constitution of +<span class="pagenum"><a name="Page_65" id="Page_65">65</a></span> +Scotland was not so well balanced as our own, it was notorious +that the Crown did not legally possess an absolute power in +that kingdom; and men might conclude that, when he should +think it less necessary to observe some measures with his +English subjects, he would address them in the same strain.</p> + +<p>Those, indeed, who knew by what course his favour was to be +sought, did not hesitate to go before, and light him, as it were, +to the altar on which their country's liberty was to be the +victim. Many of the addresses which fill the columns of the +<i>London Gazette</i> in 1687, on occasion of the declaration of indulgence, +flatter the king with assertions of his dispensing power. +The benchers and barristers of the Middle Temple, under the +direction of the prostitute Shower, were again foremost in the +race of infamy. They thank him "for asserting his own royal +prerogatives, the very life of the law, and of their profession; +which prerogatives, as they were given by God himself, so no +power upon earth could diminish them, but they must always +remain entire and inseparable from his royal person; which +prerogatives as the addressers had studied to know, so they +were resolved to defend, by asserting with their lives and +fortunes that divine maxim, <i>à Deo rex, à lege rex</i>."<a name="FNanchor_115" id="FNanchor_115" href="#Footnote_115" class="fnanchor">[115]</a> +</p> + +<p>These addresses, which, to the number of some hundreds, +were sent up from every description of persons, the clergy, the +nonconformists of all denominations, the grand juries, the +justices of the peace, the corporations, the inhabitants of towns, +in consequence of the declaration, afford a singular contrast to +what we know of the prevailing dispositions of the people in +that year, and of their general abandonment of the king's cause +before the end of the next. Those from the clergy, indeed, +disclose their ill-humour at the unconstitutional indulgence, +limiting their thanks to some promises of favour the king had +used towards the established church. But as to the rest, we +should have cause to blush for the servile hypocrisy of our +ancestors, if there were not good reason to believe that these +addresses were sometimes the work of a small minority in the +name of the rest, and that the grand juries and the magistracy +in general had been so garbled for the king's purposes in this +year that they formed a very inadequate representation of that +great class from which they ought to have been taken.<a name="FNanchor_116" id="FNanchor_116" href="#Footnote_116" class="fnanchor">[116]</a> + It was +<span class="pagenum"><a name="Page_66" id="Page_66">66</a></span> +however very natural that they should deceive the court. The +catholics were eager for that security which nothing but an act +of the legislature could afford; and James, who, as well as his +minister, had a strong aversion to the measure, seems about the +latter end of the summer of 1687 to have made a sudden change +in his scheme of government, and resolved once more to try the +disposition of a parliament. For this purpose, having dissolved +that from which he could expect nothing hostile to the church, +he set himself to manage the election of another in such a manner +as to ensure his main object, the security of the Romish religion.<a name="FNanchor_117" id="FNanchor_117" href="#Footnote_117" class="fnanchor">[117]</a> +</p> + +<p>"His first care," says his biographer Innes, "was to purge +the corporations from that leaven which was in danger of corrupting +the whole kingdom; so he appointed certain regulators +to inspect the conduct of several borough towns, to correct +abuses where it was practicable, and where not, by forfeiting +their charters, to turn out such rotten members as infected the +rest. But in this, as in most other cases, the king had the +fortune to choose persons not too well qualified for such an +employment, and extremely disagreeable to the people; it was +a sort of motley council made up of catholics and presbyterians, +a composition which was sure never to hold long together, or +that could probably unite in any method suitable to both their +interests; it served therefore only to increase the public odium +by their too arbitrary ways of turning out and putting in; and +yet those who were thus intruded, as it were, by force, being of the +presbyterian party, were by this time become as little inclinable +to favour the king's intentions as the excluded members."<a name="FNanchor_118" id="FNanchor_118" href="#Footnote_118" class="fnanchor">[118]</a> +</p> + +<p> +<span class="pagenum"><a name="Page_67" id="Page_67">67</a></span></p> + +<p>This endeavour to violate the legal rights of electors as well +as to take away other vested franchises, by new modelling +corporations through commissions granted to regulators, was +the most capital delinquency of the king's government; because +it tended to preclude any reparation for the rest, and directly +attacked the fundamental constitution of the state.<a name="FNanchor_119" id="FNanchor_119" href="#Footnote_119" class="fnanchor">[119]</a> + But, +like all his other measures, it displayed not more ill-will to +the liberties of the nation than inability to overthrow them. +The catholics were so small a body, and so weak, especially +in corporate towns, that the whole effect produced by the regulators +was to place municipal power and trust in the hands of +the nonconformists, those precarious and unfaithful allies of the +court, whose resentment of past oppression, hereditary attachment +to popular principles of government, and inveterate +abhorrence of popery, were not to be effaced by an unnatural +coalition. Hence, though they availed themselves, and surely +without reproach, of the toleration held out to them, and even +took the benefit of the scheme of regulation, so as to fill the +corporation of London and many others, they were, as is confessed +above, too much of Englishmen and protestants for the +purposes of the court. The wiser part of the churchmen made +secret overtures to their party; and by assurances of a toleration, +if not also of a comprehension within the Anglican pale, +won them over to a hearty concurrence in the great project +that was on foot.<a name="FNanchor_120" id="FNanchor_120" href="#Footnote_120" class="fnanchor">[120]</a> + The king found it necessary to descend so +much from the haughty attitude he had taken at the outset of +his reign, as personally to solicit men of rank and local influence +for their votes on the two great measures of repealing the test +and penal laws. The country gentlemen, in their different +counties, were tried with circular questions, whether they +would comply with the king in their elections, or, if themselves +chosen, in parliament. Those who refused such a promise were +erased from the lists of justices and deputy-lieutenants.<a name="FNanchor_121" id="FNanchor_121" href="#Footnote_121" class="fnanchor">[121]</a> + Yet +<span class="pagenum"><a name="Page_68" id="Page_68">68</a></span> +his biographer admits that he received little encouragement to +proceed in the experiment of a parliament;<a name="FNanchor_122" id="FNanchor_122" href="#Footnote_122" class="fnanchor">[122]</a> + and it is said by +the French ambassador that evasive answers were returned to +these questions, with such uniformity of expression as indicated +an alarming degree of concert.<a name="FNanchor_123" id="FNanchor_123" href="#Footnote_123" class="fnanchor">[123]</a> +</p> + +<p><i>Affair of Magdalen College.</i>—It is unnecessary to dwell on +circumstances so well known as the expulsion of the fellows of +Magdalen College.<a name="FNanchor_124" id="FNanchor_124" href="#Footnote_124" class="fnanchor">[124]</a> + It was less extensively mischievous than +the new-modelling of corporations, but perhaps a more glaring +act of despotism. For though the Crown had been accustomed +from the time of the reformation to send very peremptory +commands to ecclesiastical foundations, and even to dispense +with their statutes at discretion, with so little resistance that +few seemed to doubt of its prerogative; though Elizabeth +would probably have treated the fellows of any college much in +the same manner as James II., if they had proceeded to an +election in defiance of her recommendation; yet the right was +not the less clearly theirs, and the struggles of a century would +have been thrown away, if James II. was to govern as the +Tudors, or even as his father and grandfather had done before +him. And though Parker, Bishop of Oxford, the first president +whom the ecclesiastical commissioners obtruded on the college, +was still nominally a protestant,<a name="FNanchor_125" id="FNanchor_125" href="#Footnote_125" class="fnanchor">[125]</a> + his successor Gifford was an +avowed member of the church of Rome. The college was filled +with persons of the same persuasion; mass was said in the +chapel, and the established religion was excluded with a degree +of open force which entirely took away all security for its preservation +in any other place. This latter act, especially, of the +Magdalen drama, in a still greater degree than the nomination +of Massey to the deanery of Christ Church, seems a decisive +proof that the king's repeated promises of contenting himself with +a toleration of his own religion would have yielded to his insuperable +bigotry and the zeal of his confessor. We may perhaps +add to these encroachments upon the act of uniformity, the +design imputed to him of conferring the archbishopric of York +<span class="pagenum"><a name="Page_69" id="Page_69">69</a></span> +on Father Petre; yet there would have been difficulties that +seem insurmountable in the way of this, since the validity of +Anglican orders not being acknowledged by the church of Rome, +Petre would not have sought consecration at the hands of +Sancroft; nor, had he done so, would the latter have conferred +it on him, even if the chapter of York had gone through the +indispensable form of an election.<a name="FNanchor_126" id="FNanchor_126" href="#Footnote_126" class="fnanchor">[126]</a> +</p> + +<p>The infatuated monarch was irritated by that which he +should have taken as a terrible warning, this resistance to his +will from the university of Oxford. That sanctuary of pure +unspotted loyalty, as some would say, that sink of all that was +most abject in servility, as less courtly tongues might murmur, +the university of Oxford, which had but four short years back, +by a solemn decree in convocation, poured forth anathemas on +all who had doubted the divine right of monarchy, or asserted +the privileges of subjects against their sovereigns, which had +boasted in its addresses of an obedience without any restrictions +or limitations, which but recently had seen a known convert +to popery, and a person disqualified in other ways, installed by +the chapter without any remonstrance in the deanery of Christ +Church, was now the scene of a firm though temperate opposition +to the king's positive command, and soon after the willing +instrument of his ruin. In vain the pamphleteers, on the side +of the court, upbraided the clergy with their apostacy from the +principles they had so much vaunted. The imputation it was +hard to repel; but, if they could not retract their course without +shame, they could not continue in it without destruction.<a name="FNanchor_127" id="FNanchor_127" href="#Footnote_127" class="fnanchor">[127]</a> + +They were driven to extremity by the order of May 4, 1688, to +read the declaration of indulgence in their churches.<a name="FNanchor_128" id="FNanchor_128" href="#Footnote_128" class="fnanchor">[128]</a> + This, as +<span class="pagenum"><a name="Page_70" id="Page_70">70</a></span> +is well known, met with great resistance, and, by inducing the +primate and six other bishops to present a petition to the king +against it, brought on that famous persecution, which, more +perhaps than all his former actions, cost him the allegiance of +the Anglican church. The proceedings upon the trial of those +prelates are so familiar as to require no particular notice.<a name="FNanchor_129" id="FNanchor_129" href="#Footnote_129" class="fnanchor">[129]</a> + +What is most worthy of remark is, that the very party who had +most extolled the royal prerogative, and often in such terms as +if all limitations of it were only to subsist at pleasure, became +now the instruments of bringing it down within the compass and +control of the law. If the king had a right to suspend the +execution of statutes by proclamation, the bishops' petition +might not indeed be libellous, but their disobedience and that +of the clergy could not be warranted; and the principal argument +both of the bar and the bench rested on the great question of +that prerogative.</p> + +<p>The king, meantime, was blindly hurrying on at the instigation +of his own pride and bigotry, and of some ignorant priests, +confident in the fancied obedience of the church, and in the +hollow support of the dissenters; after all his wiser counsellors, +the catholic peers, the nuncio, perhaps the queen herself, had +grown sensible of the danger, and solicitous for temporising +measures. He had good reason to perceive that neither the +fleet nor the army could be relied upon; to cashier the most +rigidly protestant officers, to draft Irish troops into the +regiments, to place all important commands in the hands of +catholics, were difficult and even desperate measures, which +rendered his designs more notorious, without rendering them +more feasible. It is among the most astonishing parts of this +unhappy sovereign's impolicy, that he sometimes neglected, +even offended, never steadily and sufficiently courted, the sole +ally that could by possibility have co-operated in his scheme of +government. In his brother's reign, James had been the most +obsequious and unhesitating servant of the French king. Before +his own accession, his first step was to implore, through Barillon, +a continuance of that support and protection, without which he +could undertake nothing which he had designed in favour of the +catholics. He received a present of 500,000 livres with tears of +gratitude; and telling the ambassador he had not disclosed his +real designs to his ministers, pressed for a strict alliance with +Louis, as the means of accomplishing them.<a name="FNanchor_130" id="FNanchor_130" href="#Footnote_130" class="fnanchor">[130]</a> + Yet with a strange +<span class="pagenum"><a name="Page_71" id="Page_71">71</a></span> +inconsistency, he drew off gradually from these professions, +and not only kept on rather cool terms with France during part +of his reign, but sometimes played a double game by treating of +a league with Spain.</p> + +<p><i>James's coldness towards Louis.</i>—The secret of this uncertain +policy, which has not been well known till very lately, is to be +found in the king's character. James had a real sense of the +dignity pertaining to a king of England, and much of the +national pride as well as that of his rank. He felt the degradation +of importuning an equal sovereign for money, which Louis gave +less frequently and in smaller measure than it was demanded. +It is natural for a proud man not to love those before whom he +has abased himself. James, of frugal habits and master of a +great revenue, soon became more indifferent to a French pension. +Nor was he insensible to the reproach of Europe, that he was +grown the vassal of France and had tarnished the lustre of the +English Crown.<a name="FNanchor_131" id="FNanchor_131" href="#Footnote_131" class="fnanchor">[131]</a> + Had he been himself protestant, or his +subjects catholic, he would probably have given the reins to +that jealousy of his ambitious neighbour, which, even in his +peculiar circumstances, restrained him from the most expedient +course; I mean expedient, on the hypothesis that to overthrow +the civil and religious institutions of his people was to be the +main object of his reign. For it was idle to attempt this without +the steady co-operation of France; and those sentiments of +dignity and independence, which at first sight appear to do him +honour, being without any consistent magnanimity of character, +served only to accelerate his ruin, and confirm the persuasion of +<span class="pagenum"><a name="Page_72" id="Page_72">72</a></span> +his incapacity.<a name="FNanchor_132" id="FNanchor_132" href="#Footnote_132" class="fnanchor">[132]</a> + Even in the memorable year 1688, though the +veil was at length torn from his eyes on the verge of the precipice, +and he sought in trembling the assistance he had slighted, his +silly pride made him half unwilling to be rescued; and, when the +French ambassador at the Hague, by a bold manœuvre of +diplomacy, asserted to the States that an alliance already subsisted +between his master and the king of England, the latter +took offence at the unauthorised declaration, and complained +privately that Louis treated him as an inferior.<a name="FNanchor_133" id="FNanchor_133" href="#Footnote_133" class="fnanchor">[133]</a> + It is probable +that a more ingenuous policy in the court of Whitehall, by +determining the king of France to declare war sooner on Holland, +would have prevented the expedition of the Prince of Orange.<a name="FNanchor_134" id="FNanchor_134" href="#Footnote_134" class="fnanchor">[134]</a> +</p> + +<p>The latter continued to receive strong assurances of attachment +from men of rank in England; but wanted that direct +invitation to enter the kingdom with force, which he required +both for his security and his justification. No men who thought +much about their country's interests or their own would be +<span class="pagenum"><a name="Page_73" id="Page_73">73</a></span> +hasty in venturing on so awful an enterprise. The punishment +and ignominy of treason, the reproach of history, too often the +sworn slave of fortune, awaited its failure. Thus Halifax and +Nottingham found their conscience or their courage unequal to +the crisis, and drew back from the hardy conspiracy that produced +the revolution.<a name="FNanchor_135" id="FNanchor_135" href="#Footnote_135" class="fnanchor">[135]</a> + Nor, perhaps, would the seven eminent +persons, whose names are subscribed to the invitation addressed +on the 30th of June 1688, to the Prince of Orange, the Earls of +Danby, Shrewsbury, and Devonshire, Lords Delamere and +Lumley, the Bishop of London, and Admiral Russell, have committed +themselves so far, if the recent birth of a Prince of Wales +had not made some measures of force absolutely necessary for +the common interests of the nation and the Prince of Orange.<a name="FNanchor_136" id="FNanchor_136" href="#Footnote_136" class="fnanchor">[136]</a> + +It cannot be said without absurdity, that James was guilty of +any offence in becoming father of this child; yet it was evidently +that which rendered his other offence inexpiable. He was now +considerably advanced in life; and the decided resistance of his +subjects made it improbable that he could do much essential +injury to the established constitution during the remainder of +it. The mere certainty of all reverting to a protestant heir +would be an effectual guarantee of the Anglican church. But the +birth of a son to be nursed in the obnoxious bigotry of Rome, +the prospect of a regency under the queen, so deeply implicated, +according to common report, in the schemes of this reign, made +every danger appear more terrible. From the moment that the +queen's pregnancy was announced, the catholics gave way to +enthusiastic unrepressed exultation; and by the confidence +with which they prophesied the birth of an heir, furnished a +pretext for the suspicions which a disappointed people began to +entertain.<a name="FNanchor_137" id="FNanchor_137" href="#Footnote_137" class="fnanchor">[137]</a> + These suspicions were very general; they extended +to the highest ranks, and are a conspicuous instance of that +prejudice which is chiefly founded on our wishes. Lord Danby, +in a letter to William, of March 27, insinuates his doubt of the +queen's pregnancy. After the child's birth, the seven subscribers +<span class="pagenum"><a name="Page_74" id="Page_74">74</a></span> +to the association inviting the prince to come over, and +pledging themselves to join him, say that not one in a thousand +believe it to be the queen's; Lord Devonshire separately held +language to the same effect.<a name="FNanchor_138" id="FNanchor_138" href="#Footnote_138" class="fnanchor">[138]</a> + The Princess Anne talked with +little restraint of her suspicions, and made no scruple of imparting +them to her sister.<a name="FNanchor_139" id="FNanchor_139" href="#Footnote_139" class="fnanchor">[139]</a> + Though no one can hesitate at +present to acknowledge that the Prince of Wales's legitimacy +is out of all question, there was enough to raise a reasonable +apprehension in the presumptive heir, that a party not really +very scrupulous, and through religious animosity supposed to +be still less so, had been induced by the undoubted prospect of +advantage to draw the king, who had been wholly their slave, +into one of those frauds which bigotry might call pious.<a name="FNanchor_140" id="FNanchor_140" href="#Footnote_140" class="fnanchor">[140]</a> +</p> + +<p><i>Justice and necessity of the Revolution.</i>—The great event however +of what has been emphatically denominated in the language +of our public acts the Glorious Revolution stands in need of no +vulgar credulity, no mistaken prejudice, for its support. It can +only rest on the basis of a liberal theory of government, which +looks to the public good as the great end for which positive laws +and the constitutional order of states have been instituted. It +cannot be defended without rejecting the slavish principles of +absolute obedience, or even that pretended modification of them +which imagines some extreme cases of intolerable tyranny, +some, as it were, lunacy of despotism, as the only plea and +palliation of resistance. Doubtless the administration of James +II. was not of this nature. Doubtless he was not a Caligula, or +a Commodus, or an Ezzelin, or a Galeazzo Sforza, or a Christiern +II. of Denmark, or a Charles IX. of France, or one of those +almost innumerable tyrants whom men have endured in the +wantonness of unlimited power. No man had been deprived +of his liberty by any illegal warrant. No man, except in the +<span class="pagenum"><a name="Page_75" id="Page_75">75</a></span> +single though very important instance of Magdalen College, +had been despoiled of his property. I must also add that the +government of James II. will lose little by comparison with that +of his father. The judgment in favour of his prerogative to +dispense with the test, was far more according to received notions +of law, far less injurious and unconstitutional, than that which +gave a sanction to ship-money. The injunction to read the +declaration of indulgence in churches was less offensive to +scrupulous men than the similar command to read the declaration +of Sunday sports in the time of Charles I. Nor was any +one punished for a refusal to comply with the one; while the +prisons had been filled with those who had disobeyed the other. +Nay, what is more, there are much stronger presumptions of the +father's than of the son's intention to lay aside parliaments, +and set up an avowed despotism. It is indeed amusing to +observe that many, who scarcely put bounds to their eulogies +of Charles I., have been content to abandon the cause of one +who had no faults in his public conduct but such as seemed to +have come by inheritance. The characters of the father and +son were very closely similar: both proud of their judgment as +well as their station, and still more obstinate in their understanding +than in their purpose; both scrupulously conscientious +in certain great points of conduct, to the sacrifice of that power +which they had preferred to everything else; the one far superior +in relish for the arts and for polite letters, the other more +diligent and indefatigable in business; the father exempt from +those vices of a court to which the son was too long addicted; +not so harsh perhaps or prone to severity in his temper, but +inferior in general sincerity and adherence to his word. They +were both equally unfitted for the condition in which they were +meant to stand—the limited kings of a wise and free people, +the chiefs of the English commonwealth.</p> + +<p>The most plausible argument against the necessity of so violent +a remedy for public grievances as the abjuration of allegiance to +a reigning sovereign, was one that misled half the nation in that +age, and is still sometimes insinuated by those whose pity for +the misfortunes of the house of Stuart appears to predominate +over every other sentiment which the history of the revolution +should excite. It was alleged that the constitutional mode of +redress by parliament was not taken away; that the king's +attempts to obtain promises of support from the electors and +probable representatives showed his intention of calling one; +that the writs were in fact ordered before the Prince of Orange's +<span class="pagenum"><a name="Page_76" id="Page_76">76</a></span> +expedition; that after the invader had reached London, James +still offered to refer the terms of reconciliation with his people +to a free parliament, though he could have no hope of evading +any that might be proposed; that by reversing illegal judgments, +by annulling unconstitutional dispensations, by reinstating +those who had been unjustly dispossessed, by punishing +wicked advisers, above all, by passing statutes to restrain the +excesses and cut off the dangerous prerogatives of the monarchy +(as efficacious, or more so, than the bill of rights and other +measures that followed the revolution), all risk of arbitrary +power, or of injury to the established religion, might have been +prevented without a violation of that hereditary right which +was as fundamental in the constitution as any of the subject's +privileges. It was not necessary to enter upon the delicate +problem of absolute non-resistance, or to deny that the conservation +of the whole was paramount to all positive laws. The +question to be proved was, that a regard to this general safety +exacted the means employed in the revolution, and constituted +that extremity which could alone justify such a deviation from +the standard rules of law and religion.</p> + +<p>It is evidently true that James had made very little progress, +or rather experienced a signal defeat, in his endeavour to place +the professors of his own religion on a firm and honourable +basis. There seems the strongest reason to believe that far +from reaching his end through the new parliament, he would +have experienced those warm assaults on the administration, +which generally distinguished the House of Commons under his +father and brother. But, as he was in no want of money, and +had not the temper to endure what he thought the language of +republican faction, we may be equally sure that a short and +angry session would have ended with a more decided resolution +on his side to govern in future without such impracticable +counsellors. The doctrine imputed of old to Lord Strafford, +that, after trying the good-will of parliament in vain, a king +was absolved from the legal maxims of government, was always +at the heart of the Stuarts. His army was numerous, according +at least to English notions; he had already begun to fill it with +popish officers and soldiers; the militia, though less to be +depended on, was under the command of lord and deputy +lieutenants carefully selected; above all, he would at the last +have recourse to France; and though the experiment of bringing +over French troops was very hazardous, it is difficult to say +that he might not have succeeded, with all these means, in +<span class="pagenum"><a name="Page_77" id="Page_77">77</a></span> +preventing or putting down any concerted insurrection. But at +least the renewal of civil bloodshed and the anarchy of rebellion +seemed to be the alternative of slavery, if William had never +earned the just title of our deliverer. It is still more evident +that, after the invasion had taken place, and a general defection +had exhibited the king's inability to resist, there could have +been no such compromise as the Tories fondly expected, no +legal and peaceable settlement in what they called a free parliament, +leaving James in the real and recognised possession +of his constitutional prerogatives. Those who have grudged +William III. the laurels that he won for our service are ever +prone to insinuate, that his unnatural ambition would be content +with nothing less than the Crown, instead of returning to his +country after he had convinced the king of the error of his +counsels, and obtained securities for the religion and liberties of +England. The hazard of the enterprise, and most hazardous it +truly was, was to have been his; the profit and advantage our +own. I do not know that William absolutely expected to place +himself on the throne; because he could hardly anticipate +that James would so precipitately abandon a kingdom wherein +he was acknowledged, and had still many adherents. But undoubtedly +he must, in consistency with his magnanimous designs, +have determined to place England in its natural station, as a +party in the great alliance against the power of Louis XIV. To +this one object of securing the liberties of Europe, and chiefly +of his own country, the whole of his heroic life was directed +with undeviating, undisheartened firmness. He had in view no +distant prospect, when the entire succession of the Spanish +monarchy would be claimed by that insatiable prince, whose +renunciation at the treaty of the Pyrenees was already maintained +to be invalid. Against the present aggressions and +future schemes of this neighbour the league of Augsburg had +just been concluded. England, a free, a protestant, a maritime +kingdom, would, in her natural position, as a rival of France, +and deeply concerned in the independence of the Netherlands, +become a leading member of this confederacy. But the sinister +attachments of the house of Stuarts had long diverted her from +her true interests, and rendered her councils disgracefully and +treacherously subservient to those of Louis. It was therefore +the main object of the Prince of Orange to strengthen the alliance +by the vigorous co-operation of this kingdom; and with +no other view, the emperor, and even the pope, had abetted his +undertaking. But it was impossible to imagine that James +<span class="pagenum"><a name="Page_78" id="Page_78">78</a></span> +would have come with sincerity into measures so repugnant to +his predilections and interests. What better could be expected +than a recurrence of that false and hollow system which had +betrayed Europe and dishonoured England under Charles II.; +or rather, would not the sense of injury and thraldom have +inspired still more deadly aversion to the cause of those to +whom he must have ascribed his humiliation? There was as +little reason to hope that he would abandon the long-cherished +schemes of arbitrary power, and the sacred interests of his own +faith. We must remember that, when the adherents or apologists +of James II. have spoken of him as an unfortunately misguided +prince, they have insinuated what neither the notorious +history of those times, nor the more secret information since +brought to light, will in any degree confirm. It was indeed a +strange excuse for a king of such mature years, and so trained +in the most diligent attention to business. That in some particular +instances he acted under the influence of his confessor, +Petre, is not unlikely; but the general temper of his administration, +his notions of government, the objects he had in view, +were perfectly his own, and were pursued rather in spite of much +dissuasion and many warnings, than through the suggestions of +any treacherous counsellors.</p> + +<p>Both with respect therefore to the Prince of Orange and to +the English nation, James II. was to be considered as an enemy +whose resentment could never be appeased, and whose power +consequently must be wholly taken away. It is true that, if he +had remained in England, it would have been extremely difficult +to deprive him of the nominal sovereignty. But in this case, +the Prince of Orange must have been invested, by some course +or other, with all its real attributes. He undoubtedly intended +to remain in this country; and could not otherwise have preserved +that entire ascendancy which was necessary for his +ultimate purposes. The king could not have been permitted, +with any common prudence, to retain the choice of his ministers, +or the command of his army, or his negative voice in laws, or +even his personal liberty; by which I mean, that his guards +must have been either Dutch, or at least appointed by the prince +and parliament. Less than this it would have been childish to +require; and this would not have been endured by any man +even of James's spirit, or by the nation, when the re-action of +loyalty should return, without continued efforts to get rid of +an arrangement far more revolutionary and subversive of the +established monarchy than the king's deposition. +<span class="pagenum"><a name="Page_79" id="Page_79">79</a></span></p> + +<p><i>Favourable circumstances attending the revolution.</i>—In the +revolution of 1688 there was an unusual combination of favouring +circumstances, and some of the most important, such as +the king's sudden flight, not within prior calculation, which +render it no precedent for other times and occasions in point of +expediency, whatever it may be in point of justice. Resistance +to tyranny by overt rebellion incurs not only the risks of failure, +but those of national impoverishment and confusion, of vindictive +retaliation, and such aggressions (perhaps inevitable) on private +right and liberty as render the name of revolution and its +adherents odious. Those, on the other hand, who call in a +powerful neighbour to protect them from domestic oppression, +may too often expect to realise the horse of the fable, and endure +a subjection more severe, permanent, and ignominious, than +what they shake off. But the revolution effected by William III. +united the independent character of a national act with the +regularity and the coercion of anarchy which belong to a military +invasion. The United Provinces were not such a foreign +potentate as could put in jeopardy the independence of England; +nor could his army have maintained itself against the inclinations +of the kingdom, though it was sufficient to repress any turbulence +that would naturally attend so extraordinary a crisis. Nothing +was done by the multitude; no new men, soldiers, or demagogues, +had their talents brought forward by this rapid and +pacific revolution; it cost no blood, it violated no right, it was +hardly to be traced in the course of justice; the formal and +exterior character of the monarchy remained nearly the same +in so complete a regeneration of its spirit. Few nations can +hope to ascend up to the sphere of a just and honourable liberty, +especially when long use has made the track of obedience +familiar, and they have learned to move as it were only by the +clank of the chain, with so little toil and hardship. We reason +too exclusively from this peculiar instance of 1688, when we hail +the fearful struggles of other revolutions with a sanguine and +confident sympathy. Nor is the only error upon this side. +For, as if the inveterate and cankerous ills of a commonwealth +could be extirpated with no loss and suffering, we are often +prone to abandon the popular cause in agitated nations with +as much fickleness as we embraced it, when we find that +intemperance, irregularity, and confusion, from which great +revolutions are very seldom exempt. These are indeed so much +their usual attendants, the re-action of a self-deceived multitude +is so probable a consequence, the general prospect of success in +<span class="pagenum"><a name="Page_80" id="Page_80">80</a></span> +most cases so precarious, that wise and good men are more likely +to hesitate too long, than to rush forward too eagerly. Yet, +"whatever be the cost of this noble liberty, we must be content +to pay it to Heaven."<a name="FNanchor_141" id="FNanchor_141" href="#Footnote_141" class="fnanchor">[141]</a> +</p> + +<p>It is unnecessary even to mention those circumstances of +this great event, which are minutely known to almost all my +readers. They were all eminently favourable in their effect to +the regeneration of our constitution; even one of temporary +inconvenience, namely, the return of James to London, after +his detention by the fishermen near Feversham. This, as Burnet +has observed, and as is easily demonstrated by the writings of +that time, gave a different colour to the state of affairs, and +raised up a party which did not before exist, or at least was too +disheartened to show itself.<a name="FNanchor_142" id="FNanchor_142" href="#Footnote_142" class="fnanchor">[142]</a> + His first desertion of the kingdom +had disgusted every one, and might be construed into a voluntary +cession. But his return to assume again the government +put William under the necessity of using that intimidation +which awakened the mistaken sympathy of a generous people. +It made his subsequent flight, though certainly not what a man +of courage enough to give his better judgment free play would +have chosen, appear excusable and defensive. It brought out +too glaringly, I mean for the satisfaction of prejudiced minds, +the undeniable fact, that the two houses of convention deposed +and expelled their sovereign. Thus the great schism of the +Jacobites, though it must otherwise have existed, gained its +chief strength; and the revolution, to which at the outset a +coalition of whigs and tories had conspired, became in its final +<span class="pagenum"><a name="Page_81" id="Page_81">81</a></span> +result, in the settlement of the Crown upon William and Mary, +almost entirely the work of the former party.</p> + +<p>But while the position of the new government was thus +rendered less secure, by narrowing the basis of public opinion +whereon it stood, the liberal principles of policy which the whigs +had espoused became incomparably more powerful, and were +necessarily involved in the continuance of the revolution settlement. +The ministers of William III. and of the house of +Brunswick had no choice but to respect and countenance the +doctrines of Locke, Hoadley, and Molesworth. The assertion +of passive obedience to the Crown grew obnoxious to the Crown +itself. Our new line of sovereigns scarcely ventured to hear +of their hereditary right, and dreaded the cup of flattery that +was drugged with poison. This was the greatest change that +affected our monarchy by the fall of the house of Stuart. The +laws were not so materially altered as the spirit and sentiments +of the people. Hence those who look only at the former have +been prone to underrate the magnitude of this revolution. The +fundamental maxims of the constitution, both as they regard +the king and the subject, may seem nearly the same; but the +disposition with which they were received and interpreted was +entirely different.</p> + +<p><i>Its salutary consequences.</i>—It was in this turn of feeling, in +this change, if I may so say, of the heart, far more than in any +positive statutes and improvements of the law, that I consider +the revolution to have been eminently conducive to our freedom +and prosperity. Laws and statutes as remedial, nay more +closely limiting the prerogative than the bill of rights and act +of settlement, might possibly have been obtained from James +himself, as the price of his continuance on the throne, or from +his family as that of their restoration to it. But what the +revolution did for us was this; it broke the spell that had +charmed the nation. It cut up by the roots all that theory +of indefeasible right, of paramount prerogative, which had +put the Crown in continual opposition to the people. A contention +had now subsisted for five hundred years, but particularly +during the four last reigns, against the aggressions of +arbitrary power. The sovereigns of this country had never +patiently endured the control of parliament; nor was it natural +for them to do so, while the two houses of parliament appeared +historically, and in legal language, to derive their existence as +well as privileges from the Crown itself. They had at their side +the pliant lawyers, who held the prerogative to be uncontrollable +<span class="pagenum"><a name="Page_82" id="Page_82">82</a></span> +by statutes, a doctrine of itself destructive to any scheme of +reconciliation and compromise between a king and his subjects; +they had the churchmen, whose casuistry denied that the most +intolerable tyranny could excuse resistance to a lawful government. +These two propositions could not obtain general acceptation +without rendering all national liberty precarious.</p> + +<p>It has been always reckoned among the most difficult problems +in the practical science of government, to combine an hereditary +monarchy with security of freedom, so that neither the ambition +of kings shall undermine the people's rights, nor the jealousy +of the people overturn the throne. England had already experience +of both these mischiefs. And there seemed no prospect +before her, but either their alternate recurrence, or a final submission +to absolute power, unless by one great effort she could +put the monarchy for ever beneath the law, and reduce it to an +integrant portion instead of the primary source and principle +of the constitution. She must reverse the favoured maxim, +"A Deo rex, à rege lex;" and make the Crown itself appear the +creature of the law. But our ancient monarchy, strong in a +possession of seven centuries, and in those high and paramount +prerogatives which the consenting testimony of lawyers and the +submission of parliaments had recognised, a monarchy from +which the House of Commons and every existing peer, though +not perhaps the aristocratic order itself, derived its participation +in the legislature, could not be bent to the republican theories +which have been not very successfully attempted in some +modern codes of constitution. It could not be held, without +breaking up all the foundations of our polity, that the monarchy +emanated from the parliament, or even from the people. But +by the revolution and by the act of settlement, the rights of the +actual monarch, of the reigning family, were made to emanate +from the parliament and the people. In technical language, in +the grave and respectful theory of our constitution, the Crown +is still the fountain from which law and justice spring forth. +Its prerogatives are in the main the same as under the Tudors +and the Stuarts; but the right of the house of Brunswick to +exercise them can only be deduced from the convention of 1688.</p> + +<p>The great advantage therefore of the revolution, as I would +explicitly affirm, consists in that which was reckoned its reproach +by many, and its misfortune by more; that it broke the line of +succession. No other remedy could have been found, according +to the temper and prejudices of those times, against the unceasing +conspiracy of power. But when the very tenure of +<span class="pagenum"><a name="Page_83" id="Page_83">83</a></span> +power was conditional, when the Crown, as we may say, gave +recognisances for its good behaviour, when any violent and +concerted aggressions on public liberty would have ruined those +who could only resist an inveterate faction by the arms which +liberty put in their hands, the several parts of the constitution +were kept in cohesion by a tie far stronger than statutes, that +of a common interest in its preservation. The attachment of +James to popery, his infatuation, his obstinacy, his pusillanimity, +nay even the death of the Duke of Gloucester, the life of the +Prince of Wales, the extraordinary permanence and fidelity of +his party, were all the destined means through which our present +grandeur and liberty, our dignity of thinking on matters of +government, have been perfected. Those liberal tenets, which +at the æra of the revolution were maintained but by one denomination +of English party, and rather perhaps on authority +of not very good precedents in our history than of sound general +reasoning, became in the course of the next generation almost +equally the creed of the other, whose long exclusion from +government taught them to solicit the people's favour; and by +the time that Jacobitism was extinguished, had passed into +received maxims of English politics. None at least would care +to call them in question within the walls of parliament; nor +have their opponents been of much credit in the paths of literature. +Yet, as since the extinction of the house of Stuart's +pretensions, and other events of the last half century, we have +seen those exploded doctrines of indefeasible hereditary right +revived under another name, and some have been willing to +misrepresent the transactions of the revolution and the act of +settlement as if they did not absolutely amount to a deposition +of the reigning sovereign, and an election of a new dynasty by +the representatives of the nation in parliament, it may be proper +to state precisely the several votes, and to point out the impossibility +of reconciling them to any gentler construction.</p> + +<p><i>Proceedings of the convention.</i>—The Lords spiritual and temporal, +to the number of about ninety, and an assembly of all +who had sat in any of King Charles's parliaments, with the lord +mayor and fifty of the common council, requested the Prince of +Orange to take upon him the administration after the king's +second flight, and to issue writs for a convention in the usual +manner.<a name="FNanchor_143" id="FNanchor_143" href="#Footnote_143" class="fnanchor">[143]</a> + This was on the 26th of December; and the convention +<span class="pagenum"><a name="Page_84" id="Page_84">84</a></span> +met on the 22nd of January. Their first care was to +address the prince to take the administration of affairs and +disposal of the revenue into his hands, in order to give a kind +of parliamentary sanction to the power he already exercised. +On the 28th of January the Commons, after a debate in which +the friends of the late king made but a faint opposition, came +to their great vote: That King James II., having endeavoured +to subvert the constitution of this kingdom, by breaking the +original contract between king and people, and by the advice +of jesuits and other wicked persons having violated the fundamental +laws, and having withdrawn himself out of the kingdom, +has abdicated the government, and that the throne is thereby +vacant. They resolved unanimously the next day, that it hath +been found by experience inconsistent with the safety and +welfare of this protestant kingdom to be governed by a popish +prince.<a name="FNanchor_144" id="FNanchor_144" href="#Footnote_144" class="fnanchor">[144]</a> + This vote was a remarkable triumph of the whig +party, who had contended for the exclusion bill; and, on +account of that endeavour to establish a principle which no one +was now found to controvert, had been subjected to all the +insults and reproaches of the opposite faction. The Lords +agreed with equal unanimity to this vote; which, though it +was expressed only as an abstract proposition, led by a practical +inference to the whole change that the whigs had in view. But +upon the former resolution several important divisions took +place. The first question put, in order to save a nominal allegiance +to the late king, was, whether a regency with the administration +of regal power under the style of King James II. during +the life of the said King James, be the best and safest way to +preserve the protestant religion and the laws of this kingdom? +This was supported both by those peers who really meant to +exclude the king from the enjoyment of power, such as Nottingham, +its great promoter, and by those who, like Clarendon, were +anxious for his return upon terms of security for their religion +and liberty. The motion was lost by fifty-one to forty-nine; +and this seems to have virtually decided, in the judgment of +the house, that James had lost the throne.<a name="FNanchor_145" id="FNanchor_145" href="#Footnote_145" class="fnanchor">[145]</a> + The Lords then +<span class="pagenum"><a name="Page_85" id="Page_85">85</a></span> +resolved that there was an original contract between the king +and people, by fifty-five to forty-six; a position that seems +rather too theoretical, yet necessary at that time, as denying +the divine origin of monarchy, from which its absolute and +indefeasible authority had been plausibly derived. They concurred, +without much debate, in the rest of the Commons' vote; +till they came to the clause that he had abdicated the government, +for which they substituted the word "deserted." They +next omitted the final and most important clause, that the +throne was thereby vacant, by a majority of fifty-five to forty-one. +This was owing to the party of Lord Danby, who asserted +a devolution of the Crown on the Princess of Orange. It +seemed to be tacitly understood by both sides that the infant +child was to be presumed spurious. This at least was a necessary +supposition for the tories, who sought in the idle rumours +of the time an excuse for abandoning his right. As to the +whigs, though they were active in discrediting this unfortunate +boy's legitimacy, their own broad principles of changing the +line of succession rendered it, in point of argument, a superfluous +enquiry. The tories, who had made little resistance to +the vote of abdication, when it was proposed in the Commons, +recovered courage by this difference between the two houses; +and perhaps by observing the king's party to be stronger out +of doors than it had appeared to be, were able to muster 151 +voices against 282 in favour of agreeing with the Lords in +leaving out the clause about the vacancy of the throne.<a name="FNanchor_146" id="FNanchor_146" href="#Footnote_146" class="fnanchor">[146]</a> + There +was still, however, a far greater preponderance of the whigs in +one part of the convention, than of the tories in the other. In +the famous conference that ensued between committees of the +two houses upon these amendments, it was never pretended +that the word "abdication" was used in its ordinary sense, for +a voluntary resignation of the Crown. The Commons did not +practise so pitiful a subterfuge. Nor could the Lords explicitly +maintain, whatever might be the wishes of their managers, that +the king was not expelled and excluded as much by their own +word "desertion" as by that which the lower house had employed. +Their own previous vote against a regency was decisive +upon this point.<a name="FNanchor_147" id="FNanchor_147" href="#Footnote_147" class="fnanchor">[147]</a> + But as abdication was a gentler term than +<span class="pagenum"><a name="Page_86" id="Page_86">86</a></span> +forfeiture, so desertion appeared a still softer method of expressing +the same idea. Their chief objection, however, to the former +word was that it led, or might seem to lead, to the vacancy of +the throne, against which their principal arguments were directed. +They contended that in our government there could be no +interval or vacancy, the heir's right being complete by a demise +of the Crown; so that it would at once render the monarchy +elective, if any other person were designated to the succession. +The Commons did not deny that the present case was one of +election, though they refused to allow that the monarchy was +thus rendered perpetually elective. They asked, supposing a +right to descend upon the next heir, who was that heir to inherit +it; and gained one of their chief advantages by the difficulty of +evading this question. It was indeed evident that, if the Lords +should carry their amendments, an enquiry into the legitimacy +of the Prince of Wales could by no means be dispensed with. +Unless that could be disproved more satisfactorily than they +had reason to hope, they must come back to the inconveniences +of a regency, with the prospect of bequeathing interminable +confusion to their posterity. For, if the descendants of James +should continue in the Roman catholic religion, the nation might +be placed in the ridiculous situation of acknowledging a dynasty +of exiled kings, whose lawful prerogative would be withheld by +another race of protestant regents. It was indeed strange to +apply the provisional substitution of a regent in cases of infancy +or imbecility of mind to a prince of mature age, and full capacity +for the exercise of power. Upon the king's return to England, +this delegated authority must cease of itself; unless supported +by votes of parliament as violent and incompatible with the +regular constitution as his deprivation of the royal title, but far +less secure for the subject, whom the statute of Henry VII. would +shelter in paying obedience to a king de facto; while the fate of +Sir Henry Vane was an awful proof that no other name could give +countenance to usurpation. A great part of the nation not +thirty years before had been compelled by acts of parliament<a name="FNanchor_148" id="FNanchor_148" href="#Footnote_148" class="fnanchor">[148]</a> + to +declare upon oath their abhorrence of that traitorous position, +that arms might be taken up by the king's authority against his +person or those commissioned by him, through the influence of +those very tories or loyalists who had now recourse to the identical +distinction between the king's natural and political capacity, +for which the presbyterians had incurred so many reproaches.</p> + +<p>In this conference, however, if the whigs had every advantage +<span class="pagenum"><a name="Page_87" id="Page_87">87</a></span> +on the solid grounds of expediency, or rather political necessity, +the tories were as much superior in the mere argument, either +as it regarded the common sense of words, or the principles of +our constitutional law. Even should we admit that an hereditary +king is competent to abdicate the throne in the name of +all his posterity, this could only be intended of a voluntary and +formal cession, not such a constructive abandonment of his +right by misconduct as the Commons had imagined. The word +"forfeiture" might better have answered this purpose; but it +had seemed too great a violence on principles which it was more +convenient to undermine than to assault. Nor would even +forfeiture bear out by analogy the exclusion of an heir, whose +right was not liable to be set aside at the ancestor's pleasure. +It was only by recurring to a kind of paramount, and what I +may call hyper-constitutional law, a mixture of force and regard +to the national good, which is the best sanction of what is done +in revolutions, that the vote of the Commons could be defended. +They proceeded not by the stated rules of the English government, +but the general rights of mankind. They looked not so +much to Magna Charta as the original compact of society, and +rejected Coke and Hale for Hooker and Harrington.</p> + +<p>The House of Lords, after this struggle against principles +undoubtedly very novel in the discussions of parliament, gave +way to the strength of circumstance and the steadiness of the +Commons. They resolved not to insist on their amendments +to the original vote; and followed this up by a resolution, that +the Prince and Princess of Orange shall be declared King and +Queen of England, and all the dominions thereunto belonging.<a name="FNanchor_149" id="FNanchor_149" href="#Footnote_149" class="fnanchor">[149]</a> + +But the Commons with a noble patriotism delayed to concur in +this hasty settlement of the Crown, till they should have completed +the declaration of those fundamental rights and liberties +for the sake of which alone they had gone forward with this +great revolution.<a name="FNanchor_150" id="FNanchor_150" href="#Footnote_150" class="fnanchor">[150]</a> + That declaration, being at once an exposition +<span class="pagenum"><a name="Page_88" id="Page_88">88</a></span> +of the misgovernment which had compelled them to dethrone +the late king, and of the conditions upon which they elected his +successors, was incorporated in the final resolution to which +both houses came on the 13th of February, extending the limitation +of the Crown as far as the state of affairs required: "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 +dignity of the said kingdoms 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 decease the said crown and royal dignity of +the said kingdoms and dominions to be to the heirs of the body of +the said princess; 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."</p> + +<p>Thus, to sum up the account of this extraordinary change in +our established monarchy, the convention pronounced, under +the slight disguise of a word unusual in the language of English +law, that the actual sovereign had forfeited his right to the +nation's allegiance. It swept away by the same vote the +reversion of his posterity, and of those who could claim the +inheritance of the Crown. It declared that, during an interval +of nearly two months, there was no king of England; the +monarchy lying, as it were, in abeyance from the 23rd of December +to the 13th of February. It bestowed the Crown on William +jointly with his wife indeed, but so that her participation of the +sovereignty should be only in name.<a name="FNanchor_151" id="FNanchor_151" href="#Footnote_151" class="fnanchor">[151]</a> + It postponed the succession +<span class="pagenum"><a name="Page_89" id="Page_89">89</a></span> +of the Princess Anne during his life. Lastly, it made no +provision for any future devolution of the Crown in failure of +issue from those to whom it was thus limited, leaving that to +the wisdom of future parliaments. Yet only eight years before, +nay much less, a large part of the nation had loudly proclaimed +the incompetency of a full parliament, with a lawful king at its +head, to alter the lineal course of succession. No whig had then +openly professed the doctrine, that not only a king, but an +entire royal family, might be set aside for public convenience. +The notion of an original contract was denounced as a republican +chimera. The deposing of kings was branded as the worst birth +of popery and fanaticism. If other revolutions have been more +extensive in their effect on the established government, few +perhaps have displayed a more rapid transition of public opinion. +For it cannot be reasonably doubted that the majority of the +nation went along with the vote of their representatives. Such +was the termination of that contest, which the house of Stuart +had obstinately maintained against the liberties, and of late, +against the religion of England; or rather, of that far more +ancient controversy between the Crown and the people which +had never been wholly at rest since the reign of John. During +this long period, the balance, except in a few irregular intervals, +had been swayed in favour of the Crown; and, though the +government of England was always a monarchy limited by law, +though it always, or at least since the admission of the commons +into the legislature, partook of the three simple forms, yet the +character of a monarchy was evidently prevalent over the other +parts of the constitution. But, since the revolution of 1688, +and particularly from thence to the death of George II., it seems +equally just to say, that the predominating character has been +aristocratical; the prerogative being in some respects too +limited, and in others too little capable of effectual exercise, to +counterbalance the hereditary peerage, and that class of great +territorial proprietors, who, in a political division, are to be +reckoned among the proper aristocracy of the kingdom. This, +however, will be more fully explained in the two succeeding +chapters, which are to terminate the present work. +<span class="pagenum"><a name="Page_90" id="Page_90">90</a></span></p> + +<h2>CHAPTER XV<br /> +<span class="s08">ON THE REIGN OF WILLIAM III.</span></h2> + +<p>The Revolution is not to be considered as a mere effort of the +nation on a pressing emergency to rescue itself from the violence +of a particular monarch; much less as grounded upon the +danger of the Anglican church, its emoluments, and dignities, +from the bigotry of a hostile religion. It was rather the triumph +of those principles which, in the language of the present day, are +denominated liberal or constitutional, over those of absolute +monarchy, or of monarchy not effectually controlled by stated +boundaries. It was the termination of a contest between the +regal power and that of parliament, which could not have been +brought to so favourable an issue by any other means. But, +while the chief renovation in the spirit of our government was +likely to spring from breaking the line of succession, while no +positive enactments would have sufficed to give security to +freedom with the legitimate race of Stuart on the throne, it +would have been most culpable, and even preposterous, to +permit this occasion to pass by, without asserting and defining +those rights and liberties, which the very indeterminate nature +of the king's prerogative at common law, as well as the unequivocal +extension it had lately received, must continually +place in jeopardy. The House of Lords indeed, as I have +observed in the last chapter, would have conferred the Crown on +William and Mary, leaving the redress of grievances to future +arrangement; and some eminent lawyers in the Commons, +Maynard and Pollexfen, seem to have had apprehensions of +keeping the nation too long in a state of anarchy.<a name="FNanchor_152" id="FNanchor_152" href="#Footnote_152" class="fnanchor">[152]</a> + But the +great majority of the Commons wisely resolved to go at once to +the root of the nation's grievances, and show their new sovereign +that he was raised to the throne for the sake of those liberties, +by violating which his predecessor had forfeited it.</p> + +<p><i>Declaration of rights.</i>—The declaration of rights presented to +the Prince of Orange by the Marquis of Halifax, as speaker of the +Lords, in the presence of both houses, on the 18th of February, +consists of three parts: a recital of the illegal and arbitrary +<span class="pagenum"><a name="Page_91" id="Page_91">91</a></span> +acts committed by the late king, and of their consequent vote +of abdication; a declaration, nearly following the words of the +former part, that such enumerated acts are illegal; and a resolution, +that the throne shall be filled by the Prince and Princess of +Orange, according to the limitations mentioned in the last +chapter. Thus the declaration of rights was indissolubly connected +with the revolution-settlement, as its motive and its +condition.</p> + +<p>The Lords and Commons in this instrument declare: That +the pretended power of suspending laws, and the execution of +laws, by regal authority without consent of parliament, is +illegal; That the pretended power of dispensing with laws by +regal authority, as it hath been assumed and exercised of late, +is illegal; That the commission for creating the late court of +commissioners for ecclesiastical causes, and all other commissions +and courts of the like nature, are illegal and pernicious; +That levying of money for or to the use of the Crown, by +pretence of prerogative without grant of parliament, for longer +time or in any other manner than the same is or shall be granted, +is illegal; That it is the right of the subjects to petition the +king, and that all commitments or prosecutions for such petitions +are illegal; That the raising or keeping a standing army within +the kingdom in time of peace, unless it be with consent of parliament, +is illegal; That the subjects which are protestants may +have arms for their defence suitable to their condition, and as +allowed by law; That elections of members of parliament ought +to be free; That the freedom of speech or debates, or proceedings +in parliament, ought not to be impeached or questioned in any +court or place out of parliament; That excessive bail ought +not to be required, nor excessive fines imposed, nor cruel and +unusual punishments inflicted; That juries ought to be duly +impanelled and returned, and that jurors which pass upon men +in trials of high treason ought to be freeholders; That all grants +and promises of fines and forfeitures of particular persons, before +conviction, are illegal and void; And that, for redress of all +grievances, and for the amending, strengthening, and preserving +of the laws, parliaments ought to be held frequently.<a name="FNanchor_153" id="FNanchor_153" href="#Footnote_153" class="fnanchor">[153]</a> +</p> + +<p><i>Bill of rights.</i>—This declaration was, some months afterwards, +confirmed by a regular act of the legislature in the bill of rights, +which establishes at the same time the limitation of the Crown +according to the vote of both houses, and adds the important +provision; That all persons who shall hold communion with the +<span class="pagenum"><a name="Page_92" id="Page_92">92</a></span> +church of Rome, or shall marry a papist, shall be excluded, and +for ever incapable to possess, inherit, or enjoy the Crown and +government of this realm; and in all such cases, the people of +these realms shall be absolved from their allegiance, and the +Crown shall descend to the next heir. This was as near an +approach to a generalisation of the principle of resistance as +could be admitted with any security for public order.</p> + +<p>The bill of rights contained only one clause extending rather +beyond the propositions laid down in the declaration. This +relates to the dispensing power, which the Lords had been unwilling +absolutely to condemn. They softened the general +assertion of its illegality sent up from the other house, by +inserting the words "as it has been exercised of late."<a name="FNanchor_154" id="FNanchor_154" href="#Footnote_154" class="fnanchor">[154]</a> + In the +bill of rights therefore a clause was introduced, that no dispensation +by non obstante to any statute should be allowed, except +in such cases as should be specially provided for by a bill to be +passed during the present session. This reservation went to +satisfy the scruples of the Lords, who did not agree without +difficulty to the complete abolition of a prerogative, so long +recognised, and in many cases so convenient.<a name="FNanchor_155" id="FNanchor_155" href="#Footnote_155" class="fnanchor">[155]</a> + But the palpable +danger of permitting it to exist in its indefinite state, subject +to the interpretation of time-serving judges, prevailed with the +Commons over this consideration of conveniency; and though +in the next parliament the judges were ordered by the House of +Lords to draw a bill for the king's dispensing in such cases +wherein they should find it necessary, and for abrogating such +laws as had been usually dispensed with and were become useless, +the subject seems to have received no further attention.<a name="FNanchor_156" id="FNanchor_156" href="#Footnote_156" class="fnanchor">[156]</a> +</p> + +<p>Except in this article of the dispensing prerogative, we cannot +say, on comparing the bill of rights with what is proved to be +the law by statutes, or generally esteemed to be such on the +authority of our best writers, that it took away any legal power +of the Crown, or enlarged the limits of popular and parliamentary +privilege. The most questionable proposition, though at the +same time one of the most important, was that which asserts the +illegality of a standing army in time of peace, unless with consent +of parliament. It seems difficult to perceive in what respect +this infringed on any private man's right, or by what clear +reason (for no statute could be pretended) the king was debarred +from enlisting soldiers by voluntary contract for the defence of +his dominions, especially after an express law had declared the +<span class="pagenum"><a name="Page_93" id="Page_93">93</a></span> +sole power over the militia, without giving any definition of that +word, to reside in the Crown. This had never been expressly +maintained by Charles II.'s parliaments; though the general +repugnance of the nation to what was certainly an innovation +might have provoked a body of men, who did not always +measure their words, to declare its illegality.<a name="FNanchor_157" id="FNanchor_157" href="#Footnote_157" class="fnanchor">[157]</a> + It was however +at least unconstitutional, by which, as distinguished from +illegal, I mean a novelty of much importance, tending to endanger +the established laws. And it is manifest that the king +could never inflict penalties by martial law, or generally by any +other course, on his troops, nor quarter them on the inhabitants, +nor cause them to interfere with the civil authorities; so that, +<span class="pagenum"><a name="Page_94" id="Page_94">94</a></span> +even if the proposition so absolutely expressed may be somewhat +too wide, it still should be considered as virtually correct.<a name="FNanchor_158" id="FNanchor_158" href="#Footnote_158" class="fnanchor">[158]</a> + +But its distinct assertion in the bill of rights put a most essential +restraint on the monarchy, and rendered it in effect for ever +impossible to employ any direct force or intimidation against the +established laws and liberties of the people.</p> + +<p><i>Discontent with the new government.</i>—A revolution so thoroughly +remedial, and accomplished with so little cost of private suffering, +so little of angry punishment or oppression of the vanquished, +ought to have been hailed with unbounded thankfulness and +satisfaction. The nation's deliverer and chosen sovereign, in +himself the most magnanimous and heroic character of that +age, might have expected no return but admiration and gratitude. +Yet this was very far from being the case. In no period +of time under the Stuarts were public discontent and opposition +of parliament more prominent than in the reign of William III.; +and that high-souled prince enjoyed far less of his subject's +affection than Charles II. No part of our history perhaps is +read upon the whole with less satisfaction than these thirteen +years, during which he sat upon his elective throne. It will be +sufficient for me to sketch generally the leading causes, and +the errors both of the prince and people, which hindered the +blessings of the revolution from being duly appreciated by its +contemporaries.</p> + +<p>The votes of the two houses, that James had abdicated, or +<span class="pagenum"><a name="Page_95" id="Page_95">95</a></span> +in plainer words forfeited, his royal authority, that the crown +was vacant, that one out of the regular line of succession should +be raised to it, were so untenable by any known law, so repugnant +to the principles of the established church, that a +nation accustomed to think upon matters of government only +as lawyers and churchmen dictated, could not easily reconcile +them to its preconceived notions of duty. The first burst of +resentment against the late king was mitigated by his fall; +compassion, and even confidence, began to take place of it; +his adherents—some denying or extenuating the faults of his +administration, others more artfully representing them as +capable of redress by legal measures—having recovered from +their consternation, took advantage of the necessary delay +before the meeting of the convention, and of the time consumed +in its debates, to publish pamphlets and circulate rumours in his +behalf.<a name="FNanchor_159" id="FNanchor_159" href="#Footnote_159" class="fnanchor">[159]</a> + Thus, at the moment when William and Mary were +proclaimed (though it may be probable that a majority of the +kingdom sustained the bold votes of its representatives), there +was yet a very powerful minority who believed the constitution +to be most violently shaken, if not irretrievably destroyed, +and the rightful sovereign to have been excluded by usurpation. +The clergy were moved by pride and shame, by the just apprehension +that their influence over the people would be impaired, +by jealousy or hatred of the nonconformists, to deprecate so +practical a confutation of the doctrines they had preached, +especially when an oath of allegiance to their new sovereign +came to be imposed; and they had no alternative but to resign +their benefices, or wound their reputation and consciences by +submission upon some casuistical pretext.<a name="FNanchor_160" id="FNanchor_160" href="#Footnote_160" class="fnanchor">[160]</a> + Eight bishops, +including the primate and several of those who had been foremost +in the defence of the church during the late reign, with +about four hundred clergy, some of them highly distinguished, +chose the more honourable course of refusing the new oaths; +and thus began the schism of the non-jurors, more mischievous +<span class="pagenum"><a name="Page_96" id="Page_96">96</a></span> +in its commencement than its continuance, and not so dangerous +to the government of William III. and George I. as the false +submission of less sincere men.<a name="FNanchor_161" id="FNanchor_161" href="#Footnote_161" class="fnanchor">[161]</a> +</p> + +<p>It seems undeniable that the strength of this Jacobite faction +sprung from the want of apparent necessity for the change of +government. Extreme oppression produces an impetuous tide +of resistance, which bears away the reasonings of the casuists. +But the encroachments of James II., being rather felt in prospect +than much actual injury, left men in a calmer temper, and disposed +to weigh somewhat nicely the nature of the proposed +remedy. The revolution was, or at least seemed to be, a case +of political expediency; and expediency is always a matter of +uncertain argument. In many respects it was far better +<span class="pagenum"><a name="Page_97" id="Page_97">97</a></span> +conducted, more peaceably, more moderately, with less passion +and severity towards the guilty, with less mixture of democratic +turbulence, with less innovation on the regular laws, than if it +had been that extreme case of necessity which some are apt to +require. But it was obtained on this account with less unanimity +and heartfelt concurrence of the entire nation.</p> + +<p><i>Character and errors of William.</i>—The demeanour of William, +always cold and sometimes harsh, his foreign origin (a sort of +crime in English eyes) and foreign favourites, the natural and +almost laudable prejudice against one who had risen by the +misfortunes of a very near relation, a desire of power not very +judiciously displayed by him, conspired to keep alive this disaffection; +and the opposite party, regardless of all the decencies +of political lying, took care to aggravate it by the vilest +calumnies against one, who, though not exempt from errors, +must be accounted the greatest man of his own age. It is +certain that his government was in very considerable danger for +three or four years after the revolution, and even to the peace +of Ryswick. The change appeared so marvellous, and contrary +to the bent of men's expectation, that it could not be permanent. +Hence he was surrounded by the timid and the treacherous; by +those who meant to have merits to plead after a restoration, and +those who meant at least to be secure. A new and revolutionary +government is seldom fairly dealt with. Mankind, accustomed +to forgive almost everything in favour of legitimate prescriptive +power, exact an ideal faultlessness from that which claims +allegiance on the score of its utility. The personal failings of +its rulers, the negligences of their administration, even the +inevitable privations and difficulties which the nature of human +affairs or the misconduct of their predecessors create, are imputed +to them with invidious minuteness. Those who deem +their own merit unrewarded, become always a numerous and +implacable class of adversaries; those whose schemes of public +improvement have not been followed, think nothing gained by +the change, and return to a restless censoriousness in which they +have been accustomed to place delight. With all these it was +natural that William should have to contend; but we cannot in +justice impute all the unpopularity of his administration to the +disaffection of one party, or the fickleness and ingratitude of +another. It arose in no slight degree from errors of his own.</p> + +<p><i>Jealousy of the whigs.</i>—The king had been raised to the throne +by the vigour and zeal of the whigs; but the opposite party were +so nearly upon an equality in both houses that it would have +<span class="pagenum"><a name="Page_98" id="Page_98">98</a></span> +been difficult to frame his government on an exclusive basis. +It would also have been highly impolitic, and, with respect to +some few persons, ungrateful, to put a slight upon those who +had an undeniable majority in the most powerful classes. +William acted, therefore, on a wise and liberal principle, in +bestowing offices of trust on Lord Danby, so meritorious in the +revolution, and on Lord Nottingham, whose probity was unimpeached; +while he gave the whigs, as was due, a decided +preponderance in his council. Many of them, however, with +that indiscriminating acrimony which belongs to all factions, +could not endure the elevation of men who had complied with +the court too long, and seemed by their tardy opposition<a name="FNanchor_162" id="FNanchor_162" href="#Footnote_162" class="fnanchor">[162]</a> + to be +rather the patriots of the church than of civil liberty. They +remembered that Danby had been impeached as a corrupt and +dangerous minister; that Halifax had been involved, at least +by holding a confidential office at the time, in the last and worst +part of Charles's reign. They saw Godolphin, who had concurred +in the commitment of the bishops, and every other +measure of the late king, still in the treasury; and, though they +could not reproach Nottingham with any misconduct, were +shocked that his conspicuous opposition to the new settlement +should be rewarded with the post of secretary of state. The +mismanagement of affairs in Ireland during 1689, which was +very glaring, furnished specious grounds for suspicion that the +king was betrayed.<a name="FNanchor_163" id="FNanchor_163" href="#Footnote_163" class="fnanchor">[163]</a> + It is probable that he was so, though not +at that time by the chiefs of his ministry. This was the beginning +of that dissatisfaction with the government of William, +on the part of those who had the most zeal for his throne, which +eventually became far more harassing than the conspiracies of +his real enemies. Halifax gave way to the prejudices of the +Commons, and retired from power. These prejudices were no +doubt unjust, as they respected a man so sound in principle, +though not uniform in conduct, and who had withstood the +arbitrary maxims of Charles and James in that cabinet, of which +<span class="pagenum"><a name="Page_99" id="Page_99">99</a></span> +he unfortunately continued too long a member. But his fall +is a warning to English statesmen, that they will be deemed +responsible to their country for measures which they countenance +by remaining in office, though they may resist them in +council.</p> + +<p><i>Bill of indemnity.</i>—The same honest warmth which impelled +the whigs to murmur at the employment of men sullied by their +compliance with the court, made them unwilling to concur in +the king's desire of a total amnesty. They retained the bill of +indemnity in the Commons; and excepting some by name, and +many more by general clauses, gave their adversaries a pretext +for alarming all those whose conduct had not been irreproachable. +Clemency is indeed for the most part the wisest, as well as the +most generous policy; yet it might seem dangerous to pass over +with unlimited forgiveness that servile obedience to arbitrary +power, especially in the judges, which, as it springs from a base +motive, is best controlled by the fear of punishment. But some +of the late king's instruments had fled with him, others were lost +and ruined; it was better to follow the precedent set at the +restoration, than to give them a chance of regaining public +sympathy by a prosecution out of the regular course of law.<a name="FNanchor_164" id="FNanchor_164" href="#Footnote_164" class="fnanchor">[164]</a> + +In one instance, the expulsion of Sir Robert Sawyer from the +house, the majority displayed a just resentment against one of +the most devoted adherents of the prerogative, so long as civil +liberty alone was in danger. Sawyer had been latterly very +conspicuous in defence of the church; and it was expedient to +let the nation see that the days of Charles II. were not entirely +forgotten.<a name="FNanchor_165" id="FNanchor_165" href="#Footnote_165" class="fnanchor">[165]</a> + Nothing was concluded as to the indemnity in this +<span class="pagenum"><a name="Page_100" id="Page_100">100</a></span> +parliament; but in the next, William took the matter into his +own hands by sending down an act of grace.</p> + +<p><i>Bill for restoring corporations.</i>—I scarcely venture, at this +distance from the scene, to pronounce an opinion as to the +clause introduced by the whigs into a bill for restoring corporations, +which excluded for the space of seven years all who had +acted or even concurred in surrendering charters from municipal +offices of trust. This was no doubt intended to maintain their +own superiority by keeping the church or tory faction out of +corporations. It evidently was not calculated to assuage the +prevailing animosities. But, on the other hand, the cowardly +submissiveness of the others to the quo warrantos seemed at +least to deserve this censure; and the measure could by no +means be put on a level in point of rigour with the corporation +act of Charles II. As the dissenters, unquestioned friends of +the revolution, had been universally excluded by that statute, +and the tories had lately been strong enough to prevent their +re-admission, it was not unfair for the opposite party, or rather +for the government, to provide some security against men, who, +in spite of their oaths of allegiance, were not likely to have +thoroughly abjured their former principles. This clause, which +modern historians generally condemn as oppressive, had the +strong support of Mr. Somers, then solicitor-general. It was, +however, lost through the court's conjunction with the tories +in the lower house, and the bill itself fell to the ground in the +upper; so that those who had come into corporations by very +<span class="pagenum"><a name="Page_101" id="Page_101">101</a></span> +ill means retained their power, to the great disadvantage of the +revolution party; as the next elections made appear.<a name="FNanchor_166" id="FNanchor_166" href="#Footnote_166" class="fnanchor">[166]</a> +</p> + +<p>But if the whigs behaved in these instances with too much +of that passion, which, though offensive and mischievous in its +excess, is yet almost inseparable from patriotism and incorrupt +sentiments in so numerous an assembly as the House of Commons, +they amply redeemed their glory by what cost them the new +king's favour, their wise and admirable settlement of the +revenue.</p> + +<p><i>Settlement of the revenue.</i>—The first parliament of Charles II. +had fixed on £1,200,000 as the ordinary revenue of the Crown, +sufficient in times of no peculiar exigency for the support of its +dignity and for the public defence. For this they provided +various resources; the hereditary excise on liquors granted in +lieu of the king's feudal rights, other excise and custom duties +granted for his life, the post-office, the crown lands, the tax +called hearth money, or two shillings for every house, and some +of smaller consequence. These in the beginning of that reign +fell short of the estimate; but before its termination, by the +improvement of trade and stricter management of the customs, +they certainly exceeded that sum. For the revenue of James +from these sources, on an average of the four years of his +reign, amounted to £1,500,964; to which something more than +£400,000 is to be added for the produce of duties imposed for +eight years by his parliament of 1685.<a name="FNanchor_167" id="FNanchor_167" href="#Footnote_167" class="fnanchor">[167]</a> +</p> + +<p>William appears to have entertained no doubt that this great +revenue, as well as all the power and prerogative of the Crown, +became vested in himself as King of England, or at least ought +to be instantly settled by parliament according to the usual +method.<a name="FNanchor_168" id="FNanchor_168" href="#Footnote_168" class="fnanchor">[168]</a> + There could indeed be no pretence for disputing his +right to the hereditary excise, though this seems to have been +questioned in debate; but the Commons soon displayed a +<span class="pagenum"><a name="Page_102" id="Page_102">102</a></span> +considerable reluctance to grant the temporary revenue for the +king's life. This had been done for several centuries in the first +parliament of every reign. But the accounts, for which they +called on this occasion, exhibited so considerable an increase of +the receipts on one hand, so alarming a disposition of the expenditure +on the other, that they deemed it expedient to restrain +a liberality, which was not only likely to go beyond their intention, +but to place them, at least in future times, too much +within the power of the Crown. Its average expenses appeared +to have been £1,700,000. Of this £610,000 was the charge of +the late king's army, and £83,493 of the ordnance. Nearly +£90,000 was set under the suspicious head of secret service, +imprested to Mr. Guy, secretary of the treasury.<a name="FNanchor_169" id="FNanchor_169" href="#Footnote_169" class="fnanchor">[169]</a> + Thus it was +evident that, far from sinking below the proper level, as had been +the general complaint of the court in the Stuart reigns, the +revenue was greatly and dangerously above it; and its excess +might either be consumed in unnecessary luxury, or diverted +to the worse purposes of despotism and corruption. They had +indeed just declared a standing army to be illegal. But there +could be no such security for the observance of this declaration +as the want of means in the Crown to maintain one. Their +experience of the interminable contention about supply, which +had been fought with various success between the kings of +England and their parliaments for some hundred years, dictated +a course to which they wisely and steadily adhered, and to +which, perhaps above all other changes at this revolution, the +augmented authority of the House of Commons must be +ascribed.</p> + +<p><i>Appropriation of supplies.</i>—They began by voting that +£1,200,000 should be the annual revenue of the Crown in time of +peace; and that one half of this should be appropriated to the +maintenance of the king's government and royal family, or +what is now called the civil list, the other to the public defence +and contingent expenditure.<a name="FNanchor_170" id="FNanchor_170" href="#Footnote_170" class="fnanchor">[170]</a> + The breaking out of an eight +years' war rendered it impossible to carry into effect these +resolutions as to the peace establishment: but they did not lose +sight of their principle, that the king's regular and domestic +expenses should be determined by a fixed annual sum, distinct +from the other departments of public service. They speedily +improved upon their original scheme of a definite revenue, by +taking a more close and constant superintendence of these +departments, the navy, army, and ordnance. Estimates of the +<span class="pagenum"><a name="Page_103" id="Page_103">103</a></span> +probable expenditure were regularly laid before them, and the +supply granted was strictly appropriated to each particular +service.</p> + +<p>This great and fundamental principle, as it has long been +justly considered, that the money voted by parliament is appropriated, +and can only be applied, to certain specified heads of +expenditure, was introduced, as I have before mentioned, in +the reign of Charles II., and generally, though not in every +instance, adopted by his parliament. The unworthy House of +Commons that sat in 1685, not content with a needless augmentation +of the revenue, took credit with the king for not +having appropriated their supplies.<a name="FNanchor_171" id="FNanchor_171" href="#Footnote_171" class="fnanchor">[171]</a> + But from the revolution +it has been the invariable usage. The lords of the treasury, +by a clause annually repeated in the appropriation act of every +session, are forbidden, under severe penalties, to order by their +warrant any monies in the exchequer, so appropriated, from +being issued for any other service, and the officers of the exchequer +to obey any such warrant. This has given the House of +Commons so effectual a control over the executive power, or, +more truly speaking, has rendered it so much a participator in +that power, that no administration can possibly subsist without +its concurrence; nor can the session of parliament be intermitted +for an entire year, without leaving both the naval and military +force of the kingdom unprovided for. In time of war, or in +circumstances that may induce war, it has not been very uncommon +to deviate a little from the rule of appropriation, by a +grant of considerable sums on a vote of credit, which the Crown +is thus enabled to apply at its discretion during the recess of +parliament; and we have had also too frequent experience, that +the charges of public service have not been brought within the +limits of the last year's appropriation. But the general principle +has not perhaps been often transgressed without sufficient +reason; and a House of Commons would be deeply responsible +to the country, if through supine confidence it should abandon +that high privilege which has made it the arbiter of court +factions, and the regulator of foreign connections. It is to this +transference of the executive government (for the phrase is +hardly too strong) from the Crown to the two houses of parliament, +and especially the Commons, that we owe the proud +attitude which England has maintained since the revolution, +so extraordinarily dissimilar, in the eyes of Europe, to her +condition, under the Stuarts. The supplies meted out with +<span class="pagenum"><a name="Page_104" id="Page_104">104</a></span> +niggardly caution by former parliaments to sovereigns whom +they could not trust, have flowed with redundant profuseness, +when they could judge of their necessity and direct their application. +Doubtless the demand has always been fixed by the +ministers of the Crown, and its influence has retrieved in some +degree the loss of authority; but it is still true that no small +portion of the executive power, according to the established laws +and customs of our government, has passed into the hands of +that body, which prescribes the application of the revenue, as +well as investigates at its pleasure every act of the administration.<a name="FNanchor_172" id="FNanchor_172" href="#Footnote_172" class="fnanchor">[172]</a> +</p> + +<p><i>Dissatisfaction of the king.</i>—The convention parliament continued +the revenue, as it already stood, until December 1690.<a name="FNanchor_173" id="FNanchor_173" href="#Footnote_173" class="fnanchor">[173]</a> + +Their successors complied so far with the king's expectation as +to grant the excise duties, besides those that were hereditary, +for the lives of William and Mary, and that of the survivor.<a name="FNanchor_174" id="FNanchor_174" href="#Footnote_174" class="fnanchor">[174]</a> + +The customs they only continued for four years. They provided +extraordinary supplies for the conduct of the war on a scale +of armament, and consequently of expenditure, unparalleled in +the annals of England. But the hesitation, and, as the king +imagined, the distrust they had shown in settling the ordinary +revenue, sunk deep into his mind, and chiefly alienated him +from the whigs, who were stronger and more conspicuous than +their adversaries in the two sessions of 1689. If we believe +Burnet, he felt so indignantly what appeared a systematic endeavour +to reduce his power below the ancient standard of the +monarchy, that he was inclined to abandon the government, +and leave the nation to itself. He knew well, as he told the +bishop, what was to be alleged for the two forms of government, +a monarchy and a commonwealth, and would not +determine which was preferable; but of all forms he thought +<span class="pagenum"><a name="Page_105" id="Page_105">105</a></span> +the worst was that of a monarchy without the necessary +powers.<a name="FNanchor_175" id="FNanchor_175" href="#Footnote_175" class="fnanchor">[175]</a> +</p> + +<p>The desire of rule in William III. was as magnanimous and +public-spirited as ambition can ever be in a human bosom. It +was the consciousness not only of having devoted himself to a +great cause, the security of Europe, and especially of Great +Britain and Holland, against unceasing aggression, but of +resources in his own firmness and sagacity which no other +person possessed. A commanding force, a copious revenue, a +supreme authority in councils, were not sought, as by the +crowd of kings, for the enjoyment of selfish vanity and covetousness, +but as the only sure instruments of success in his high +calling, in the race of heroic enterprise which Providence had +appointed for the elect champion of civil and religious liberty. +We can hardly wonder that he should not quite render justice +to the motives of those who seemed to impede his strenuous +energies; that he should resent as ingratitude those precautions +against abuse of power by him, the recent deliverer of the +nation, which it had never called for against those who had +sought to enslave it.</p> + +<p>But reasonable as this apology may be, it was still an unhappy +error of William that he did not sufficiently weigh the +circumstances which had elevated him to the English throne, +and the alteration they had inevitably made in the relations +between the Crown and the parliament. Chosen upon the +popular principle of general freedom and public good, on the +ruins of an ancient hereditary throne, he could expect to reign +on no other terms than as the chief of a commonwealth, with +no other authority than the sense of the nation and of parliament +deemed congenial to the new constitution. The debt of +gratitude to him was indeed immense, and not sufficiently +remembered; but it was due for having enabled the nation to +regenerate itself, and to place barriers against future assaults, +to provide securities against future misgovernment. No one +could seriously assert that James II. was the only sovereign of +whom there had been cause to complain. In almost every reign, +on the contrary, which our history records, the innate love of +arbitrary power had produced more or less of oppression. The +revolution was chiefly beneficial, as it gave a stronger impulse +to the desire of political liberty, and rendered it more extensively +attainable. It was certainly not for the sake of replacing James +by William with equal powers of doing injury, that the purest +<span class="pagenum"><a name="Page_106" id="Page_106">106</a></span> +and wisest patriots engaged in that cause; but as the sole means +of making a royal government permanently compatible with +freedom and justice. The bill of rights had pretended to do +nothing more than stigmatise some recent proceedings: were +the representatives of the nation to stop short of other measures, +because they seemed novel and restrictive of the Crown's +authority, when for the want of them the Crown's authority +had nearly freed itself from all restriction? Such was their true +motive for limiting the revenue, and such the ample justification +of those important statutes enacted in the course of this reign, +which the king, unfortunately for his reputation and peace of +mind, too jealously resisted.</p> + +<p><i>No republican party in existence.</i>—It is by no means unusual +to find mention of a commonwealth or republican party, as if it +existed in some force at the time of the revolution, and throughout +the reign of William III.; nay some writers, such as Hume, +Dalrymple, and Somerville, have, by putting them in a sort of +balance against the Jacobites, as the extremes of the whig and +tory factions, endeavoured to persuade us that the one was as +substantial and united a body as the other. It may, however, +be confidently asserted, that no republican party had any existence; +if by that word we are to understand a set of men whose +object was the abolition of our limited monarchy. There might +unquestionably be persons, especially among the independent +sect, who cherished the memory of what they called the good +old cause, and thought civil liberty irreconcilable with any form +of regal government. But these were too inconsiderable, and +too far removed from political influence, to deserve the appellation +of a party. I believe it would be difficult to name five +individuals, to whom even a speculative preference of a commonwealth +may with probability be ascribed. Were it otherwise, +the numerous pamphlets of this period would bear witness to +their activity. Yet, with the exception perhaps of one or two, +and those rather equivocal, we should search, I suspect, the +collections of that time in vain for any manifestations of a +republican spirit. If indeed an ardent zeal to see the prerogative +effectually restrained, to vindicate that high authority +of the House of Commons over the executive administration +which it has in fact claimed and exercised, to purify the house +itself from corrupt influence, if a tendency to dwell upon the +popular origin of civil society, and the principles which Locke, +above other writers, had brought again into fashion, be called +republican (as in a primary but less usual sense of the word +<span class="pagenum"><a name="Page_107" id="Page_107">107</a></span> +they may), no one can deny that this spirit eminently +characterised the age of William III. And schemes of reformation +emanating from this source were sometimes offered to +the world, trenching more perhaps on the established constitution +than either necessity demanded or prudence warranted. +But these were anonymous and of little influence; nor +did they ever extend to the absolute subversion of the +throne.<a name="FNanchor_176" id="FNanchor_176" href="#Footnote_176" class="fnanchor">[176]</a> +</p> + +<p><i>William employs tories in ministry.</i>—William, however, was +very early led to imagine, whether through the insinuations of +Lord Nottingham, as Burnet pretends, or the natural prejudice +of kings against those who do not comply with them, that there +not only existed a republican party, but that it numbered many +supporters among the principal whigs. He dissolved the convention-parliament; +and gave his confidence for some time to +the opposite faction.<a name="FNanchor_177" id="FNanchor_177" href="#Footnote_177" class="fnanchor">[177]</a> + But, among these, a real disaffection to +his government prevailed so widely that he could with difficulty +select men sincerely attached to it. The majority professed +only to pay allegiance as to a sovereign <i>de facto</i>, and violently +opposed the bill of recognition in 1690, both on account of the +words rightful and lawful king which it applied to William, and +of its declaring the laws passed in the last parliament to have +<span class="pagenum"><a name="Page_108" id="Page_108">108</a></span> +been good and valid.<a name="FNanchor_178" id="FNanchor_178" href="#Footnote_178" class="fnanchor">[178]</a> + They had influence enough with the king +to defeat a bill proposed by the whigs, by which an oath of +abjuration of James's right was to be taken by all persons in +trust.<a name="FNanchor_179" id="FNanchor_179" href="#Footnote_179" class="fnanchor">[179]</a> + It is by no means certain that even those who abstained +from all connection with James after his loss of the throne, +would have made a strenuous resistance in case of his landing +to recover it.<a name="FNanchor_180" id="FNanchor_180" href="#Footnote_180" class="fnanchor">[180]</a> + But we know that a large proportion of the +tories were engaged in a confederacy to support him. Almost +every peer, in fact, of any consideration among that party, with +the exception of Lord Nottingham, is implicated by the secret +documents which Macpherson and Dalrymple have brought to +light; especially Godolphin, Carmarthen, and Marlborough, the +second at that time prime minister of William (as he might +<span class="pagenum"><a name="Page_109" id="Page_109">109</a></span> +justly be called), the last with circumstances of extraordinary +and abandoned treachery towards his country as well as his +allegiance.<a name="FNanchor_181" id="FNanchor_181" href="#Footnote_181" class="fnanchor">[181]</a> + Two of the most distinguished whigs (and if the +<span class="pagenum"><a name="Page_110" id="Page_110">110</a></span> +imputation is not fully substantiated against others<a name="FNanchor_182" id="FNanchor_182" href="#Footnote_182" class="fnanchor">[182]</a> + by name, +we know generally that many were liable to it), forfeited a high +name among their contemporaries, in the eyes of a posterity +which has known them better; the Earl of Shrewsbury, from +that strange feebleness of soul which hung like a spell upon his +nobler qualities, and Admiral Russell, from insolent pride and +<span class="pagenum"><a name="Page_111" id="Page_111">111</a></span> +sullenness of temper. Both these were engaged in the vile +intrigues of a faction they abhorred; but Shrewsbury soon +learned again to revere the sovereign he had contributed to +raise, and withdrew from the contamination of Jacobitism. It +does not appear that he betrayed that trust which William is +said with extraordinary magnanimity to have reposed on him, +after a full knowledge of his connection with the court of St. +Germain.<a name="FNanchor_183" id="FNanchor_183" href="#Footnote_183" class="fnanchor">[183]</a> + But Russell, though compelled to win the battle of +La Hogue against his will, took care to render his splendid victory +as little advantageous as possible. The credulity and almost +wilful blindness of faction is strongly manifested in the conduct +of the House of Commons as to the quarrel between this commander +and the board of admiralty. They chose to support +one who was secretly a traitor, because he bore the name of +whig, tolerating his infamous neglect of duty and contemptible +excuses; in order to pull down an honest, though not very able +minister, who belonged to the tories.<a name="FNanchor_184" id="FNanchor_184" href="#Footnote_184" class="fnanchor">[184]</a> + But they saw clearly +that the king was betrayed, though mistaken, in this instance, +as to the persons; and were right in concluding that the men +who had effected the revolution were in general most likely to +maintain it; or, in the words of a committee of the whole house, +<span class="pagenum"><a name="Page_112" id="Page_112">112</a></span> +"That his majesty be humbly advised, for the necessary support +of his government, to employ in his councils and management +of his affairs such persons only whose principles oblige them to +stand by him and his right against the late King James, and all +other pretenders whatsoever."<a name="FNanchor_185" id="FNanchor_185" href="#Footnote_185" class="fnanchor">[185]</a> + It is plain from this and other +votes of the Commons, that the tories had lost that majority which +they seem to have held in the first session of this parliament.<a name="FNanchor_186" id="FNanchor_186" href="#Footnote_186" class="fnanchor">[186]</a> +</p> + +<p>It is not, however, to be inferred from this extensive combination +in favour of the banished king, that his party embraced +the majority of the nation, or that he could have been restored +with any general testimonies of satisfaction. The friends of the +revolution were still by far the more powerful body. Even the +secret emissaries of James confess that the common people were +strongly prejudiced against his return. His own enumeration +of peers attached to his cause cannot be brought to more than +thirty, exclusive of catholics;<a name="FNanchor_187" id="FNanchor_187" href="#Footnote_187" class="fnanchor">[187]</a> + and the real Jacobites were, I +believe, in a far less proportion among the Commons. The +hopes of that wretched victim of his own bigotry and violence +rested less on the loyalty of his former subjects, or on their +disaffection to his rival, than on the perfidious conspiracy of +English statesmen and admirals, of lord-lieutenants and governors +of towns, and on so numerous a French army as an ill-defended +and disunited kingdom would be incapable to resist. +He was to return, not as his brother, alone and unarmed, strong +only in the consentient voice of the nation, but amidst the +bayonets of 30,000 French auxiliaries. These were the pledges +of just and constitutional rule, whom our patriot Jacobites +invoked against the despotism of William III. It was from a +king of the house of Stuart, from James II., from one thus +encircled by the soldiers of Louis XIV., that we were to receive +<span class="pagenum"><a name="Page_113" id="Page_113">113</a></span> +the guarantee of civil and religious liberty. Happily the determined +love of arbitrary power, burning unextinguished amidst +exile and disgrace, would not permit him to promise, in any +distinct manner, those securities which a large portion of his +own adherents required. The Jacobite faction was divided +between compounders and non-compounders; the one insisting +on the necessity of holding forth a promise of such new enactments +upon the king's restoration as might remove all jealousies +as to the rights of the church and people; the other, more agreeably +to James's temper, rejecting every compromise with what +they called the republican party at the expense of his ancient +prerogative.<a name="FNanchor_188" id="FNanchor_188" href="#Footnote_188" class="fnanchor">[188]</a> + In a declaration which he issued from St. Germain +in 1692 there was so little acknowledgment of error, so +few promises of security, so many exceptions from the amnesty +he offered, that the wiser of his partisans in England were willing +to insinuate that it was not authentic.<a name="FNanchor_189" id="FNanchor_189" href="#Footnote_189" class="fnanchor">[189]</a> + This declaration, and +the virulence of Jacobite pamphlets in the same tone, must have +done harm to his cause.<a name="FNanchor_190" id="FNanchor_190" href="#Footnote_190" class="fnanchor">[190]</a> + He published another declaration +next year at the earnest request of those who had seceded to +his side from that of the revolution, in which he held forth +more specific assurances of consenting to a limitation of his +prerogative.<a name="FNanchor_191" id="FNanchor_191" href="#Footnote_191" class="fnanchor">[191]</a> + But no reflecting man could avoid perceiving +<span class="pagenum"><a name="Page_114" id="Page_114">114</a></span> +that such promises wrung from his distress were illusory and +insincere, that in the exultation of triumphant loyalty, even +without the sword of the Gaul thrown into the scale of despotism, +those who dreamed of a conditional restoration and of fresh +guarantees for civil liberty, would find, like the presbyterians +of 1660, that it became them rather to be anxious about their +own pardon, and to receive it as a signal boon of the king's +clemency. The knowledge thus obtained of James's incorrigible +obstinacy seems gradually to have convinced the disaffected +that no hope for the nation or for themselves could be drawn +from his restoration.<a name="FNanchor_192" id="FNanchor_192" href="#Footnote_192" class="fnanchor">[192]</a> + His connections with the treacherous +<span class="pagenum"><a name="Page_115" id="Page_115">115</a></span> +counsellors of William grew weaker; and even before the peace +of Ryswick it was evident that the aged bigot could never +wield again the sceptre he had thrown away. The scheme of +assassinating our illustrious sovereign, which some of James's +desperate zealots had devised without his privity, as may charitably +and even reasonably be supposed,<a name="FNanchor_193" id="FNanchor_193" href="#Footnote_193" class="fnanchor">[193]</a> + gave a fatal blow to +<span class="pagenum"><a name="Page_116" id="Page_116">116</a></span> +the interests of that faction. It was instantly seen that the +murmurs of malecontent whigs had nothing in common with +the disaffection of Jacobites. The nation resounded with an +indignant cry against the atrocious conspiracy. An association +abjuring the title of James, and pledging the subscribers to +revenge the king's death, after the model of that in the reign +of Elizabeth, was generally signed by both houses of parliament, +and throughout the kingdom.<a name="FNanchor_194" id="FNanchor_194" href="#Footnote_194" class="fnanchor">[194]</a> + The adherents of the exiled +family dwindled into so powerless a minority that they could +make no sort of opposition to the act of settlement, and did not +recover an efficient character as a party till towards the latter +end of the ensuing reign.</p> + +<p><i>Attainder of Sir John Fenwick.</i>—Perhaps the indignation of +parliament against those who sought to bring back despotism +through civil war and the murder of an heroic sovereign, was +carried too far in the bill for attainting Sir John Fenwick of +treason. Two witnesses, required by our law in a charge of +that nature, Porter and Goodman, had deposed before the grand +jury to Fenwick's share in the scheme of invasion, though there +is no reason to believe that he was privy to the intended assassination +of the king. His wife subsequently prevailed on Goodman +to quit the kingdom; and thus it became impossible to +obtain a conviction in the course of law. This was the apology +for a special act of the legislature, by which he suffered the +penalties of treason. It did not, like some other acts of attainder, +inflict a punishment beyond the offence, but supplied the +deficiency of legal evidence. It was sustained by the production +of Goodman's examination before the privy council, and by +the evidence of two grand-jurymen as to the deposition he had +made on oath before them, and on which they had found the +bill of indictment. It was also shown that he had been tampered +<span class="pagenum"><a name="Page_117" id="Page_117">117</a></span> +with by Lady Mary Fenwick to leave the kingdom. This +was undoubtedly as good secondary evidence as can well be +imagined; and, though in criminal cases such evidence is not +admissible by courts of law, it was plausibly urged that the +legislature might prevent Fenwick from taking advantage of his +own underhand management, without transgressing the moral +rules of justice, or even setting the dangerous precedent of +punishing treason upon a single testimony. Yet, upon the +whole, the importance of adhering to the stubborn rules of law +in matters of treason is so weighty, and the difficulty of keeping +such a body as the House of Commons within any less precise +limits so manifest, that we may well concur with those who +thought Sir John Fenwick much too inconsiderable a person to +warrant such an anomaly. The jealous sense of liberty prevalent +in William's reign produced a very strong opposition to +this bill of attainder; it passed in each house, especially in the +Lords, by a small majority.<a name="FNanchor_195" id="FNanchor_195" href="#Footnote_195" class="fnanchor">[195]</a> + Nor perhaps would it have been +carried but for Fenwick's imprudent disclosure, in order to save +his life, of some great statesmen's intrigues with the late king; +a disclosure which he dared not, or was not in a situation to +confirm, but which rendered him the victim of their fear and +revenge. Russell, one of those accused, brought into the +Commons the bill of attainder; Marlborough voted in favour +of it, the only instance wherein he quitted the tories; Godolphin +and Bath, with more humanity, took the other side; and +Shrewsbury absented himself from the House of Lords.<a name="FNanchor_196" id="FNanchor_196" href="#Footnote_196" class="fnanchor">[196]</a> + It is +<span class="pagenum"><a name="Page_118" id="Page_118">118</a></span> +now well known that Fenwick's discoveries went not a step +beyond the truth. Their effect, however, was beneficial to the +state; as by displaying a strange want of secrecy in the court +of St. Germains, Fenwick never having had any direct communication +with those he accused, it caused Godolphin and +Marlborough to break off their dangerous course of perfidy.<a name="FNanchor_197" id="FNanchor_197" href="#Footnote_197" class="fnanchor">[197]</a> +</p> + +<p><i>Ill success of the war.</i>—Amidst these scenes of dissension and +disaffection, and amidst the public losses and decline which +aggravated them, we have scarce any object to contemplate +with pleasure, but the magnanimous and unconquerable soul of +William. Mistaken in some parts of his domestic policy, unsuited +by some failings of his character for the English nation, +it is still to his superiority in virtue and energy over all her own +natives in that age that England is indebted for the preservation +of her honour and liberty; not at the crisis only of the revolution, +but through the difficult period that elapsed until the +peace of Ryswick. A war of nine years, generally unfortunate, +unsatisfactory in its result, carried on at a cost unknown to +former times, amidst the decay of trade, the exhaustion of +resources, the decline, as there seems good reason to believe, +of population itself, was the festering wound that turned a +people's gratitude into factiousness and treachery. It was easy +to excite the national prejudices against campaigns in Flanders, +especially when so unsuccessful, and to inveigh against the +neglect of our maritime power. Yet, unless we could have been +secure against invasion, which Louis would infallibly have +attempted, had not his whole force been occupied by the grand +alliance, and which, in the feeble condition of our navy and +<span class="pagenum"><a name="Page_119" id="Page_119">119</a></span> +commerce, at one time could not have been impracticable, the +defeats of Steenkirk and Landen might probably have been +sustained at home. The war of 1689, and the great confederacy +of Europe, which William alone could animate with any steadiness +and energy, were most evidently and undeniably the means +of preserving the independence of England. That danger, +which has sometimes been in our countrymen's mouths with +little meaning, of becoming a province to France, was then +close and actual; for I hold the restoration of the house of +Stuart to be but another expression for that ignominy and +servitude.</p> + +<p><i>Expenses of the war.</i>—The expense therefore of this war must +not be reckoned unnecessary; nor must we censure the government +for that small portion of our debt which it was compelled +to entail on posterity.<a name="FNanchor_198" id="FNanchor_198" href="#Footnote_198" class="fnanchor">[198]</a> + It is to the honour of William's administration, +and of his parliaments, not always clear-sighted, but +honest and zealous for the public weal, that they deviated so +little from the praiseworthy, though sometimes impracticable, +policy of providing a revenue commensurate with the annual +expenditure. The supplies annually raised during the war were +about five millions, more than double the revenue of James II. +But a great decline took place in the produce of the taxes by +which that revenue was levied. In 1693, the customs had +dwindled to less than half their amount before the revolution, +<span class="pagenum"><a name="Page_120" id="Page_120">120</a></span> +the excise duties to little more than half.<a name="FNanchor_199" id="FNanchor_199" href="#Footnote_199" class="fnanchor">[199]</a> + This rendered heavy +impositions on land inevitable; a tax always obnoxious, and +keeping up disaffection in the most powerful class of the community. +The first land-tax was imposed in 1690, at the rate +of three shillings in the pound on the rental; and it continued +ever afterwards to be annually granted, at different rates, but +commonly at four shillings in the pound, till it was made perpetual +in 1798. A tax of twenty per cent. might well seem +grievous; and the notorious inequality of the assessment in +different counties tended rather to aggravate the burthen upon +those whose contribution was the fairest. Fresh schemes of +finance were devised, and, on the whole, patiently borne by a +jaded people. The Bank of England rose under the auspices +of the whig party, and materially relieved the immediate exigencies +of the government, while it palliated the general distress, +by discounting bills and lending money at an easier rate of +interest. Yet its notes were depreciated twenty per cent. in +exchange for silver; and exchequer tallies at least twice as much, +till they were funded at an interest of eight per cent.<a name="FNanchor_200" id="FNanchor_200" href="#Footnote_200" class="fnanchor">[200]</a> + But, +these resources generally falling very short of calculation, and +being anticipated at such an exorbitant discount, a constantly +increasing deficiency arose; and public credit sunk so low, that +about the year 1696 it was hardly possible to pay the fleet and +army from month to month, and a total bankruptcy seemed +near at hand. These distresses again were enhanced by the +depreciation of the circulating coin, and by the bold remedy of +a re-coinage, which made the immediate stagnation of commerce +more complete. The mere operation of exchanging the worn +silver coin for the new, which Mr. Montague had the courage +to do without lowering the standard, cost the government two +millions and a half. Certainly the vessel of our commonwealth +has never been so close to shipwreck as in this period; we have +seen the storm raging in still greater terror round our heads, +but with far stouter planks and tougher cables to confront and +ride through it.</p> + +<p>Those who accused William of neglecting the maritime force +of England, knew little what they said, or cared little about its +<span class="pagenum"><a name="Page_121" id="Page_121">121</a></span> +truth.<a name="FNanchor_201" id="FNanchor_201" href="#Footnote_201" class="fnanchor">[201]</a> + A soldier and a native of Holland, he naturally looked +to the Spanish Netherlands as the theatre on which the battle +of France and Europe was to be fought. It was by the possession +of that country and its chief fortresses that Louis aspired +to hold Holland in vassalage, to menace the coasts of England, +and to keep the Empire under his influence. And if, with the +assistance of those brave regiments, who learned, in the well-contested +though unfortunate battles of that war, the skill and +discipline which made them conquerors in the next, it was found +that France was still an overmatch for the allies, what would +have been effected against her by the decrepitude of Spain, the +perverse pride of Austria, and the selfish disunion of Germany? +The commerce of France might, perhaps, have suffered more by +an exclusively maritime warfare; but we should have obtained +this advantage, which in itself is none, and would not have +essentially crippled her force, at the price of abandoning to her +ambition the quarry it had so long in pursuit. Meanwhile the +naval annals of this war added much to our renown; Russell, +glorious in his own despite at La Hogue, Rooke, and Shovel +kept up the honour of the English flag. After that great +victory, the enemy never encountered us in battle; and the +wintering of the fleet at Cadiz in 1694, a measure determined on +by William's energetic mind, against the advice of his ministers, +and in spite of the fretful insolence of the admiral, gave us so +decided a pre-eminence both in the Atlantic and Mediterranean +seas, that it is hard to say what more could have been achieved +by the most exclusive attention to the navy.<a name="FNanchor_202" id="FNanchor_202" href="#Footnote_202" class="fnanchor">[202]</a> + It is true that, +<span class="pagenum"><a name="Page_122" id="Page_122">122</a></span> +especially during the first part of the war, vast losses were +sustained through the capture of merchant ships; but this is +the inevitable lot of a commercial country, and has occurred in +every war, until the practice of placing the traders under convoy +of armed ships was introduced. And, when we consider the +treachery which pervaded this service, and the great facility +of secret intelligence which the enemy possessed, we may be +astonished that our failures and losses were not still more +decisive.</p> + +<p><i>Treaty of Ryswick.</i>—The treaty of Ryswick was concluded on +at least as fair terms as almost perpetual ill fortune could +warrant us to expect. It compelled Louis XIV. to recognise +the king's title, and thus both humbled the court of St. Germains, +and put an end for several years to its intrigues. It extinguished, +or rather the war itself had extinguished, one of the +bold hopes of the French court, the scheme of procuring the +election of the dauphin to the empire. It gave at least a +breathing time to Europe, so long as the feeble lamp of Charles +II.'s life should continue to glimmer, during which the fate of +his vast succession might possibly be regulated without injury +to the liberties of Europe.<a name="FNanchor_203" id="FNanchor_203" href="#Footnote_203" class="fnanchor">[203]</a> + But to those who looked with the +king's eyes on the prospects of the continent, this pacification +could appear nothing else than a preliminary armistice of vigilance +and preparation. He knew that the Spanish dominions, or at +least as large a portion of them as could be grasped by a powerful +arm, had been for more than thirty years the object of Louis +XIV. The acquisitions of that monarch at Aix-la-Chapelle and +Nimeguen had been comparatively trifling, and seem hardly +enough to justify the dread that Europe felt of his aggressions. +<span class="pagenum"><a name="Page_123" id="Page_123">123</a></span> +But in contenting himself for the time with a few strong towns, +or a moderate district, he constantly kept in view the weakness +of the King of Spain's constitution. The queen's renunciation +of her right of succession was invalid in the jurisprudence of his +court. Sovereigns, according to the public law of France, uncontrollable +by the rights of others, were incapable of limiting +their own. They might do all things but guarantee the privileges +of their subjects or the independence of foreign states. +By the Queen of France's death, her claim upon the inheritance +of Spain was devolved upon the dauphin; so that ultimately, +and virtually in the first instance, the two great monarchies +would be consolidated, and a single will would direct a force +much more than equal to all the rest of Europe. If we admit +that every little oscillation in the balance of power has sometimes +been too minutely regarded by English statesmen, it +would be absurd to contend, that such a subversion of it as the +union of France and Spain under one head did not most seriously +threaten both the independence of England and Holland.</p> + +<p><i>Jealousy of the Commons.</i>—The House of Commons which sat +at the conclusion of the treaty of Ryswick, chiefly composed of +whigs, and having zealously co-operated in the prosecution of +the late war, could not be supposed lukewarm in the cause of +liberty, or indifferent to the aggrandisement of France. But +the nation's exhausted state seemed to demand an intermission +of its burthens, and revived the natural and laudable disposition +to frugality which had characterised in all former times an +English parliament. The arrears of the war, joined to loans +made during its progress, left a debt of about seventeen millions, +which excited much inquietude, and evidently could not be discharged +but by steady retrenchment and uninterrupted peace. +But, besides this, a reluctance to see a standing army established +prevailed among the great majority both of whigs and tories. +It was unknown to their ancestors—this was enough for one +party; it was dangerous to liberty—this alarmed the other. +Men of ability and honest intention, but, like most speculative +politicians of the sixteenth and seventeenth centuries, rather +too fond of seeking analogies in ancient history, influenced the +public opinion by their writings, and carried too far the undeniable +truth, that a large army at the mere control of an +ambitious prince may often overthrow the liberties of a people.<a name="FNanchor_204" id="FNanchor_204" href="#Footnote_204" class="fnanchor">[204]</a> + +<span class="pagenum"><a name="Page_124" id="Page_124">124</a></span> +It was not sufficiently remembered that the bill of rights, the +annual mutiny bill, the necessity of annual votes of supply for +the maintenance of a regular army, besides, what was far more +than all, the publicity of all acts of government, and the strong +spirit of liberty burning in the people, had materially diminished +a danger which it would not be safe entirely to contemn.</p> + +<p><i>Army reduced.</i>—Such, however, was the influence of what +may be called the constitutional antipathy of the English in that +age to a regular army, that the Commons, in the first session +after the peace, voted that all troops raised since 1680 should +be disbanded, reducing the forces to about 7000 men, which +they were with difficulty prevailed upon to augment to 10,000.<a name="FNanchor_205" id="FNanchor_205" href="#Footnote_205" class="fnanchor">[205]</a> + +They resolved at the same time that, "in a just sense and +acknowledgment of what great things his majesty has done for +these kingdoms, a sum not exceeding £700,000 be granted to his +majesty during his life, for the support of the civil list." So +ample a gift from an impoverished nation is the strongest testimony +of their affection to the king.<a name="FNanchor_206" id="FNanchor_206" href="#Footnote_206" class="fnanchor">[206]</a> + But he was justly disappointed +by the former vote, which, in the hazardous condition +of Europe, prevented this country from wearing a countenance +of preparation, more likely to avert than to bring on a second +conflict. He permitted himself, however, to carry this resentment +too far, and lost sight of that subordination to the law +which is the duty of an English sovereign, when he evaded +compliance with this resolution of the Commons, and took on +himself the unconstitutional responsibility of leaving sealed +orders, when he went to Holland, that 16,000 men should be +kept up, without the knowledge of his ministers, which they as +unconstitutionally obeyed. In the next session a new parliament +having been elected, full of men strongly imbued with +what the courtiers styled commonwealth principles, or an +extreme jealousy of royal power,<a name="FNanchor_207" id="FNanchor_207" href="#Footnote_207" class="fnanchor">[207]</a> + it was found impossible to +<span class="pagenum"><a name="Page_125" id="Page_125">125</a></span> +resist a diminution of the army to 7000 troops.<a name="FNanchor_208" id="FNanchor_208" href="#Footnote_208" class="fnanchor">[208]</a> + These too +were voted to be natives of the British dominions; and the +king incurred the severest mortification of his reign, in the +necessity of sending back his regiments of Dutch guards and +French refugees. The messages that passed between him and +the parliament bear witness how deeply he felt, and how fruitlessly +he deprecated, this act of unkindness and ingratitude, so +strikingly in contrast with the deference that parliament has +generally shown to the honours and prejudices of the Crown in +matters of far higher moment.<a name="FNanchor_209" id="FNanchor_209" href="#Footnote_209" class="fnanchor">[209]</a> + The foreign troops were too +numerous, and it would have been politic to conciliate the +nationality of the multitude by reducing their number; yet +they had claims which a grateful and generous people should not +have forgotten: they were, many of them, the chivalry of +protestantism, the Huguenot gentlemen who had lost all but +their swords in a cause which we deemed our own; they were +the men who had terrified James from Whitehall, and brought +about a deliverance, which, to speak plainly, we had neither +sense nor courage to achieve for ourselves, or which at least we +could never have achieved without enduring the convulsive +throes of anarchy.</p> + +<p><i>Irish forfeitures resumed.</i>—There is, if not mere apology for the +conduct of the Commons, yet more to censure on the king's side, +in another scene of humiliation which he passed through, in the +business of the Irish forfeitures. These confiscations of the +property of those who had fought on the side of James, though, +in a legal sense, at the Crown's disposal, ought undoubtedly to +have been applied to the public service. It was the intention of +<span class="pagenum"><a name="Page_126" id="Page_126">126</a></span> +parliament that two-thirds at least of these estates should be +sold for that purpose; and William had, in answer to an address +(Jan. 1690) promised to make no grant of them till the matter +should be considered in the ensuing session. Several bills were +brought in to carry the original resolutions into effect, but, +probably through the influence of government, they always fell +to the ground in one or other house of parliament. Meanwhile +the king granted away the whole of these forfeitures, about a +million of acres, with a culpable profuseness, to the enriching of +his personal favourites, such as the Earl of Portland and the +Countess of Orkney.<a name="FNanchor_210" id="FNanchor_210" href="#Footnote_210" class="fnanchor">[210]</a> + Yet as this had been done in the exercise +of a lawful prerogative, it is not easy to justify the act of resumption +passed in 1699. The precedents for resumption of +grants were obsolete, and from bad times. It was agreed on all +hands that the royal domain is not inalienable; if this were a +mischief, as could not perhaps be doubted, it was one that the +legislature had permitted with open eyes till there was nothing +left to be alienated. Acts therefore of this kind shake the general +stability of possession, and destroy that confidence in which the +practical sense of freedom consists, that the absolute power of +the legislature, which in strictness is as arbitrary in England as +in Persia, will be exercised in consistency with justice and lenity. +They are also accompanied for the most part, as appears to +have been the case in this instance of the Irish forfeitures, with +partiality and misrepresentation as well as violence, and seldom +fail to excite an odium far more than commensurate to the +transient popularity which attends them at the outset.<a name="FNanchor_211" id="FNanchor_211" href="#Footnote_211" class="fnanchor">[211]</a> + +<span class="pagenum"><a name="Page_127" id="Page_127">127</a></span></p> + +<p>But, even if the resumption of William's Irish grants could +be reckoned defensible, there can be no doubt that the mode +adopted by the Commons, of tacking, as it was called, the provisions +for this purpose to a money bill, so as to render it impossible +for the Lords even to modify them without depriving +the king of his supply, tended to subvert the constitution and +annihilate the rights of a co-equal house of parliament. This +most reprehensible device, though not an unnatural consequence +of their pretended right to an exclusive concern in money bills, +had been employed in a former instance during this reign.<a name="FNanchor_212" id="FNanchor_212" href="#Footnote_212" class="fnanchor">[212]</a> + +They were again successful on this occasion; the Lords receded +from their amendments, and passed the bill at the king's desire, +who perceived that the fury of the Commons was tending to a +terrible convulsion.<a name="FNanchor_213" id="FNanchor_213" href="#Footnote_213" class="fnanchor">[213]</a> + But the precedent was infinitely dangerous +to their legislative power. If the Commons, after some more +attempts of the same nature, desisted from so unjust an encroachment, +it must be attributed to that which has been the +great preservative of the equilibrium in our government, the +public voice of a reflecting people, averse to manifest innovation, +and soon offended by the intemperance of factions.</p> + +<p><i>Parliamentary enquiries.</i>—The essential change which the fall +of the old dynasty had wrought in our constitution displayed +itself in such a vigorous spirit of enquiry and interference of +parliament with all the course of government as, if not absolutely +new, was more uncontested and more effectual than before the +revolution. The Commons indeed under Charles II. had not +wholly lost sight of the precedents which the long parliament +had established for them; but not without continual resistance +from the court, in which their right of examination was by no +means admitted. But the tories throughout the reign of +William evinced a departure from the ancient principles of their +faction in nothing more than in asserting to the fullest extent +the powers and privileges of the Commons; and, in the coalition +they formed with the malcontent whigs, if the men of liberty +adopted the nickname of the men of prerogative, the latter did +not less take up the maxims and feelings of the former. The +bad success and suspected management of public affairs co-operated +with the strong spirit of party to establish this important +accession of authority to the House of Commons. In +June 1689, a special committee was appointed to enquire into +the miscarriages of the war in Ireland, especially as to the delay +<span class="pagenum"><a name="Page_128" id="Page_128">128</a></span> +in relieving Londonderry. A similar committee was appointed +in the Lords. The former reported severely against Colonel +Lundy, governor of that city; and the house addressed the king, +that he might be sent over to be tried for the treasons laid to his +charge.<a name="FNanchor_214" id="FNanchor_214" href="#Footnote_214" class="fnanchor">[214]</a> + I do not think there is any earlier precedent in the +Journals for so specific an enquiry into the conduct of a public +officer, especially one in military command. It marks therefore +very distinctly the change of spirit which I have so frequently +mentioned. No courtier has ever since ventured to deny this +general right of enquiry, though it is the constant practice to +elude it. The right to enquire draws with it the necessary +means, the examination of witnesses, records, papers, enforced +by the strong arm of parliamentary privilege. In one respect +alone these powers have fallen rather short; the Commons do +not administer an oath; and having neglected to claim this +authority in the irregular times when they could make a privilege +by a vote, they would now perhaps find difficulty in obtaining +it by consent of the house of peers. They renewed this committee +for enquiring into the miscarriages of the war in the next +session.<a name="FNanchor_215" id="FNanchor_215" href="#Footnote_215" class="fnanchor">[215]</a> + They went very fully into the dispute between the +board of admiralty and Admiral Russell, after the battle of +La Hogue;<a name="FNanchor_216" id="FNanchor_216" href="#Footnote_216" class="fnanchor">[216]</a> + and the year after investigated the conduct of his +successors, Killigrew and Delaval, in the command of the +Channel Fleet.<a name="FNanchor_217" id="FNanchor_217" href="#Footnote_217" class="fnanchor">[217]</a> + They went, in the winter of 1694, into a very +long examination of the admirals and the orders issued by the +admiralty during the preceding year; and then voted that the +sending the fleet to the Mediterranean, and the continuing it +there this winter, has been to the honour and interest of his +majesty, and his kingdoms.<a name="FNanchor_218" id="FNanchor_218" href="#Footnote_218" class="fnanchor">[218]</a> + But it is hardly worth while to +enumerate later instances of exercising a right which had become +indisputable, and, even before it rested on the basis of precedent, +could not reasonably be denied to those who might advise, +remonstrate, and impeach.</p> + +<p>It is not surprising that, after such important acquisitions of +power, the natural spirit of encroachment, or the desire to +distress a hostile government, should have led to endeavours, +which by their success would have drawn the executive administration +more directly into the hands of parliament. A +proposition was made by some peers, in December 1692, for a +<span class="pagenum"><a name="Page_129" id="Page_129">129</a></span> +committee of both houses to consider of the present state of the +nation, and what advice should be given to the king concerning +it. This dangerous project was lost by 48 to 36, several tories +and dissatisfied whigs uniting in a protest against its rejection.<a name="FNanchor_219" id="FNanchor_219" href="#Footnote_219" class="fnanchor">[219]</a> + +The king had in his speech to parliament requested their advice +in the most general terms; and this slight expression, though +no more than is contained in the common writ of summons, was +tortured into a pretext for so extraordinary a proposal as that +of a committee of delegates, or council of state, which might +soon have grasped the entire administration. It was at least a +remedy so little according to precedent, or the analogy of our +constitution, that some very serious cause of dissatisfaction +with the conduct of affairs could be its only excuse.</p> + +<p>Burnet has spoken with reprobation of another scheme engendered +by the same spirit of enquiry and control, that of a +council of trade, to be nominated by parliament, with powers +for the effectual preservation of the interests of the merchants. +If the members of it were intended to be immovable, or if the +vacancies were to be filled by consent of parliament, this would +indeed have encroached on the prerogative in a far more eminent +degree than the famous India bill of 1783, because its operation +would have been more extensive and more at home. And, even +if they were only named in the first instance, as has been usual +in parliamentary commissioners of account or enquiry, it would +still be material to ask, what extent of power for the preservation +of trade was to be placed in their hands. The precise nature +of the scheme is not explained by Burnet. But it appears by +the Journals that this council was to receive information from +merchants as to the necessity of convoys, and send directions +to the board of admiralty, subject to the king's control, to receive +complaints and represent the same to the king, and in many other +respects to exercise very important and anomalous functions. +They were not however to be members of the house. But even +with this restriction, it was too hazardous a departure from the +general maxims of the constitution.<a name="FNanchor_220" id="FNanchor_220" href="#Footnote_220" class="fnanchor">[220]</a> +</p> + +<p><i>Treaties of partition.</i>—The general unpopularity of William's +administration, and more particularly the reduction of the +forces, afford an ample justification for the two treaties of +partition which the tory faction, with scandalous injustice and +inconsistency, turned to his reproach. No one could deny that +<span class="pagenum"><a name="Page_130" id="Page_130">130</a></span> +the aggrandisement of France by both of these treaties was of +serious consequence. But, according to English interests, the +first object was to secure the Spanish Netherlands from becoming +provinces of that power; and next to maintain the real independence +of Spain and the Indies. Italy was but the last in +order; and though the possession of Naples and Sicily, with the +ports of Tuscany, as stipulated in the treaty of partition, would +have rendered France absolute mistress of that whole country +and of the Mediterranean sea, and essentially changed the +balance of Europe, it was yet more tolerable than the acquisition +of the whole monarchy in the name of a Bourbon prince, which +the opening of the succession without previous arrangement +was likely to produce. They at least who shrunk from the +thought of another war, and studiously depreciated the value +of continental alliances, were the last who ought to have exclaimed +against a treaty which had been ratified as the sole +means of giving us something like security, without the cost of +fighting for it. Nothing therefore could be more unreasonable +than the clamour of a tory House of Commons in 1701 (for the +malcontent whigs were now so consolidated with the tories as +in general to bear their name) against the partition treaties; +nothing more unfair than the impeachment of the four lords, +Portland, Orford, Somers, and Halifax, on that account. But +we must at the same time remark, that it is more easy to vindicate +the partition treaties themselves, than to reconcile the +conduct of the king and of some others with the principles +established in our constitution. William had taken these +important negotiations wholly into his own hands, not even +communicating them to any of his English ministers, except +Lord Jersey, until his resolution was finally settled. Lord +Somers, as chancellor, had put the great seal to blank powers, +as a legal authority to the negotiators; which evidently could +not be valid, unless on the dangerous principle that the seal is +conclusive against all exception.<a name="FNanchor_221" id="FNanchor_221" href="#Footnote_221" class="fnanchor">[221]</a> + He had also sealed the ratification +of the treaty, though not consulted upon it, and though +he seems to have had objections to some of the terms; and in +both instances he set up the king's command as a sufficient +defence. The exclusion of all those whom, whether called privy +or cabinet counsellors, the nation holds responsible for its safety, +from this great negotiation, tended to throw back the whole +<span class="pagenum"><a name="Page_131" id="Page_131">131</a></span> +executive government into the single will of the sovereign, and +ought to have exasperated the House of Commons far more than +the actual treaties of partition, which may probably have been +the safest choice in a most perilous condition of Europe. The +impeachments however were in most respects so ill substantiated +by proof, that they have generally been reckoned a disgraceful +instance of party spirit.<a name="FNanchor_222" id="FNanchor_222" href="#Footnote_222" class="fnanchor">[222]</a> +</p> + +<p><i>Improvements in constitution under William.</i>—The whigs, such +of them at least as continued to hold that name in honour, soon +forgave the mistakes and failings of their great deliverer; and +indeed a high regard for the memory of William III. may justly +be reckoned one of the tests by which genuine whiggism, as +opposed both to tory and republican principles, has always been +recognised. By the opposite party he was rancorously hated; +and their malignant calumnies still sully the stream of history.<a name="FNanchor_223" id="FNanchor_223" href="#Footnote_223" class="fnanchor">[223]</a> + +Let us leave such as prefer Charles I. to William III. in the +enjoyment of prejudices which are not likely to be overcome +by argument. But it must ever be an honour to the English +Crown that it has been worn by so great a man. Compared +with him, the statesmen who surrounded his throne, the Sunderlands, +Godolphins, and Shrewsburys, even the Somerses and +<span class="pagenum"><a name="Page_132" id="Page_132">132</a></span> +Montagues, sink into insignificance. He was, in truth, too +great, not for the times wherein he was called to action, but for +the peculiar condition of a king of England after the revolution; +and as he was the last sovereign of this country, whose understanding +and energy of character have been very distinguished, +so was he the last who has encountered the resistance of his +parliament, or stood apart and undisguised in the maintenance +of his own prerogative. His reign is no doubt one of the most +important in our constitutional history, both on account of its +general character, which I have slightly sketched, and of those +beneficial alterations in our law to which it gave rise. These +now call for our attention.</p> + +<p><i>Bill for triennial parliaments.</i>—The enormous duration of +seventeen years, for which Charles II. protracted his second +parliament, turned the thoughts of all who desired improvements +in the constitution towards some limitation on a prerogative +which had not hitherto been thus abused. Not only the +continuance of the same House of Commons during such a +period destroyed the connection between the people and their +representatives, and laid open the latter, without responsibility, +to the corruption which was hardly denied to prevail; but the +privilege of exemption from civil process made needy and +worthless men secure against their creditors, and desirous of a +seat in parliament as a complete safeguard to fraud and injustice. +The term of three years appeared sufficient to establish +a control of the electoral over the representative body, +without recurring to the ancient but inconvenient scheme of +annual parliaments, which men enamoured of a still more +popular form of government than our own were eager to recommend. +A bill for this purpose was brought into the House of +Lords in December 1689, but lost by the prorogation.<a name="FNanchor_224" id="FNanchor_224" href="#Footnote_224" class="fnanchor">[224]</a> + It +passed both houses early in 1693, the whigs generally supporting, +and the tories opposing it; but on this, as on many other +great questions of this reign, the two parties were not so regularly +arrayed against each other as on points of a more personal +nature.<a name="FNanchor_225" id="FNanchor_225" href="#Footnote_225" class="fnanchor">[225]</a> + To this bill the king refused his assent: an exercise +of prerogative which no ordinary circumstances can reconcile +either with prudence or with a constitutional administration of +government. But the Commons, as it was easy to foresee, did +not abandon so important a measure; a similar bill received +the royal assent in November 1694.<a name="FNanchor_226" id="FNanchor_226" href="#Footnote_226" class="fnanchor">[226]</a> + By the triennial bill it +was simply provided that every parliament should cease and +<span class="pagenum"><a name="Page_133" id="Page_133">133</a></span> +determine within three years from its meeting. The clause +contained in the act of Charles II. against the intermission of +parliaments for more than three years is repeated; but it was +not thought necessary to revive the somewhat violent and perhaps +impracticable provisions by which the act of 1641 had +secured their meeting; it being evident that even annual sessions +might now be relied upon as indispensable to the machine of +government.</p> + +<p>This annual assembly of parliament was rendered necessary, +in the first place, by the strict appropriation of the revenue +according to votes of supply. It was secured next, by passing +the mutiny bill, under which the army is held together, and +subjected to military discipline, for a short term, seldom or +never exceeding twelve months. These are the two effectual +securities against military power; that no pay can be issued to +the troops without a previous authorisation by the Commons +in a committee of supply, and by both houses in an act of appropriation; +and that no officer or soldier can be punished for +disobedience, nor any court martial held, without the annual +re-enactment of the mutiny bill. Thus it is strictly true that, if +the king were not to summon parliament every year, his army +would cease to have a legal existence; and the refusal of either +house to concur in the mutiny bill would at once wrest the +sword out of his grasp. By the bill of rights, it is declared +unlawful to keep any forces in time of peace without consent +of parliament. This consent, by an invariable and wholesome +usage, is given only from year to year; and its necessity may +be considered perhaps the most powerful of those causes which +have transferred so much even of the executive power into the +management of the two houses of parliament.</p> + +<p><i>Law of treason.</i>—The reign of William is also distinguished by +the provisions introduced into our law for the security of the +subject against iniquitous condemnations on the charge of high +treason, and intended to perfect those of earlier times, which +had proved insufficient against the partiality of judges. But +upon this occasion it will be necessary to take up the history of +our constitutional law on this important head from the beginning.</p> + +<p>In the earlier ages of our law, the crime of high treason appears +to have been of a vague and indefinite nature, determined only +by such arbitrary construction as the circumstances of each +particular case might suggest. It was held treason to kill the +king's father or his uncle; and Mortimer was attainted for +accroaching, as it was called, royal power; that is, for keeping +<span class="pagenum"><a name="Page_134" id="Page_134">134</a></span> +the administration in his own hands, though without violence +towards the reigning prince. But no people can enjoy a free +constitution, unless an adequate security is furnished by their +laws against this discretion of judges in a matter so closely +connected with the mutual relation between the government +and its subjects. A petition was accordingly presented to +Edward III. by one of the best parliaments that ever sat, +requesting that "whereas the king's justices in different counties +adjudge men indicted before them to be traitors for divers +matters not known by the Commons to be treasonable, the king +would, by his council, and the nobles and learned men (les +grands et sages) of the land, declare in parliament what should +be held for treason." The answer to this petition is in the words +of the existing statute, which, as it is by no means so prolix as +it is important, I shall place before the reader's eyes.</p> + +<p><i>Statute of Edward III.</i>—"Whereas divers opinions have been +before this time in what case treason shall be said, and in what +not; the king, at the request of the Lords and Commons, hath +made a declaration in the manner as hereafter followeth; that +is to say, when a man doth compass or imagine the death of our +lord the king, of my lady his queen, or of their eldest son and +heir: or if a man do violate the king's companion or the king's +eldest daughter unmarried, or the wife of the king's eldest son +and heir: or if a man do levy war against our lord the king in +his realm, or be adherent to the king's enemies in his realm, +giving to them aid and comfort in the realm or elsewhere, and +thereof be provably attainted of open deed by people of their +condition; and if a man counterfeit the king's great or privy +seal, or his money; and if a man bring false money into this +realm, counterfeit to the money of England, as the money called +Lusheburg, or other like to the said money of England, knowing +the money to be false, to merchandise or make payment in +deceipt of our said lord the king and of his people; and if a +man slay the chancellor, treasurer, or the king's justices of the +one bench or the other, justices in eyre, or justices of assize, +and all other justices assigned to hear and determine, being in +their place doing their offices; and it is to be understood, that +in the cases above rehearsed, it ought to be judged treason +which extends to our lord the king and his royal majesty. And +of such treason the forfeiture of the escheats pertaineth to our +lord the king, as well as the lands and tenements holden of others +as of himself."<a name="FNanchor_227" id="FNanchor_227" href="#Footnote_227" class="fnanchor">[227]</a> + +<span class="pagenum"><a name="Page_135" id="Page_135">135</a></span></p> + +<p><i>Its constructive interpretation.</i>—It seems impossible not to +observe that the want of distinct arrangement natural to so +unphilosophical an age, and which renders many of our old +statutes very confused, is eminently displayed in this strange +conjunction of offences; where to counterfeit the king's seal, +which might be for the sake of private fraud, and even his coin, +which must be so, is ranged along with all that really endangers +the established government, with conspiracy and insurrection. +But this is an objection of little magnitude, compared with one +that arises out of an omission in enumerating the modes whereby +treason could be committed. In most other offences, the intention, +however manifest, the contrivance, however deliberate, +the attempt, however casually rendered abortive, form so many +degrees of malignity, or at least of mischief, which the jurisprudence +of most countries, and none more than England, +formerly, has been accustomed to distinguish from the perpetrated +action by awarding an inferior punishment, or even +none at all. Nor is this distinction merely founded on a difference +in the moral indignation with which we are impelled to regard +an inchoate and a consummate crime, but is warranted by a +principle of reason, since the penalties attached to the completed +offence spread their terror over all the machinations preparatory +to it; and he who fails in his stroke has had the murderer's fate +as much before his eyes as the more dexterous assassin. But +those who conspire against the constituted government connect +in their sanguine hope the assurance of impunity with the +execution of their crime, and would justly deride the mockery +of an accusation which could only be preferred against them +when their banners were unfurled, and their force arrayed. It +is as reasonable, therefore, as it is conformable to the usages of +every country, to place conspiracies against the sovereign power +upon the footing of actual rebellion, and to crush those by the +penalties of treason, who, were the law to wait for their opportunity, +might silence or pervert the law itself. Yet in this +famous statute we find it only declared treasonable to compass +or imagine the king's death; while no project of rebellion +appears to fall within the letter of its enactments, unless it +ripen into a substantive act of levying war.</p> + +<p>We may be, perhaps, less inclined to attribute this material +omission to the laxity which has been already remarked to be +usual in our older laws, than to apprehensions entertained by +the barons that, if a mere design to levy war should be rendered +treasonable, they might be exposed to much false testimony +<span class="pagenum"><a name="Page_136" id="Page_136">136</a></span> +and arbitrary construction. But strained constructions of this +very statute, if such were their aim, they did not prevent. +Without adverting to the more extravagant convictions under +this statute in some violent reigns, it gradually became an +established doctrine with lawyers, that a conspiracy to levy war +against the king's person, though not in itself a distinct treason, +may be given in evidence as an overt act of compassing his +death. Great as the authorities may be on which this depends, +and reasonable as it surely is that such offences should be +brought within the pale of high treason, yet it is almost necessary +to confess that this doctrine appears utterly irreconcilable with +any fair interpretation of the statute. It has indeed, by some, +been chiefly confined to cases where the attempt meditated is +directly against the king's person, for the purpose of deposing +him, or of compelling him, while under actual duress, to a change +of measures; and this was construed into a compassing of his +death, since any such violence must endanger his life, and +because, as has been said, the prisons and graves of princes are +not very distant.<a name="FNanchor_228" id="FNanchor_228" href="#Footnote_228" class="fnanchor">[228]</a> + But it seems not very reasonable to found a +capital conviction on such a sententious remark; nor is it by +any means true that a design against a king's life is necessarily +to be inferred from the attempt to get possession of his person. +So far indeed is this from being a general rule, that in a multitude +of instances, especially during the minority or imbecility of a +king, the purposes of conspirators would be wholly defeated by +the death of the sovereign whose name they designed to employ. +But there is still less pretext for applying the same construction +to schemes of insurrection, when the royal person is not directly +the object of attack, and where no circumstance indicates any +<span class="pagenum"><a name="Page_137" id="Page_137">137</a></span> +hostile intention towards his safety. This ample extention of +so penal a statute was first given, if I am not mistaken, by the +judges in 1663, on occasion of a meeting by some persons at +Farley Wood in Yorkshire,<a name="FNanchor_229" id="FNanchor_229" href="#Footnote_229" class="fnanchor">[229]</a> + in order to concert measures for a +rising. But it was afterwards confirmed in Harding's case, +immediately after the revolution, and has been repeatedly laid +down from the bench in subsequent proceedings for treason, +as well as in treatises of very great authority.<a name="FNanchor_230" id="FNanchor_230" href="#Footnote_230" class="fnanchor">[230]</a> + It has therefore +all the weight of established precedent; yet I question whether +another instance can be found in our jurisprudence of giving so +large a construction, not only to a penal but to any other +statute.<a name="FNanchor_231" id="FNanchor_231" href="#Footnote_231" class="fnanchor">[231]</a> + Nor does it speak in favour of this construction, +that temporary laws have been enacted on various occasions to +render a conspiracy to levy war treasonable; for which purpose, +according to this current doctrine, the statute of Edward III. +needed no supplemental provision. Such acts were passed under +Elizabeth, Charles II., and George III., each of them limited to +the existing reign.<a name="FNanchor_232" id="FNanchor_232" href="#Footnote_232" class="fnanchor">[232]</a> + But it is very seldom that, in an hereditary +monarchy, the reigning prince ought to be secured by any +peculiar provisions; and though the remarkable circumstances +of Elizabeth's situation exposed her government to unusual +perils, there seems an air of adulation or absurdity in the two +latter instances. Finally, the act of 57 G. 3, c. 6, has confirmed, +if not extended, what stood on rather a precarious basis, and +rendered perpetual that of 36 G. 3, c. 7, which enacts, "that, +if any person or persons whatsoever, during the life of the king, +and until the end of the next session of parliament after a +<span class="pagenum"><a name="Page_138" id="Page_138">138</a></span> +demise of the Crown, shall, within the realm or without, compass, +imagine, invent, devise, or intend death or destruction, or any +bodily harm tending to death or destruction, maim or wounding, +imprisonment or restraint of the person of the same our sovereign +lord the king, his heirs and successors, or to deprive or depose +him or them from the style, honour, or kingly name of the +imperial crown of this realm, or of any other of his majesty's +dominions or countries, or to levy war against his majesty, his +heirs and successors, within this realm, in order, by force or +constraint, to compel him or them to change his or their +measures or counsels, or in order to put any force or constraint +upon, or to intimidate or overawe, both houses, or either house +of parliament, or to move or stir any foreigner or stranger with +force to invade this realm, or any other his majesty's dominions +or countries under the obeisance of his majesty, his heirs and +successors; and such compassings, imaginations, inventions, +devices, and intentions, or any of them, shall express, utter, or +declare, by publishing any printing or writing, or by any overt +act or deed; being legally convicted thereof upon the oaths of +two lawful and credible witnesses, shall be adjudged a traitor, +and suffer as in cases of high treason."</p> + +<p>This from henceforth will become our standard of constitutional +law, instead of the statute of Edward III., the latterly +received interpretations of which it sanctions and embodies. +But it is to be noted as the doctrine of our most approved +authorities, that a conspiracy for many purposes which, if +carried into effect, would incur the guilt of treason, will not of +itself amount to it. The constructive interpretation of compassing +the king's death appears only applicable to conspiracies, +whereof the intent is to depose or to use personal compulsion +towards him, or to usurp the administration of his government.<a name="FNanchor_233" id="FNanchor_233" href="#Footnote_233" class="fnanchor">[233]</a> + +But though insurrections in order to throw down all enclosures, +to alter the established law or change religion, or in general for +the reformation of alleged grievances of a public nature, wherein +the insurgents have no special interest, are in themselves +treasonable, yet the previous concert and conspiracy for such +purpose could, under the statute of Edward III., only pass for +a misdemeanour. Hence, while it has been positively laid down, +that an attempt by intimidation and violence to force the repeal +of a law is high treason,<a name="FNanchor_234" id="FNanchor_234" href="#Footnote_234" class="fnanchor">[234]</a> + though directed rather against the +two houses of parliament than the king's person, the judges did +<span class="pagenum"><a name="Page_139" id="Page_139">139</a></span> +not venture to declare that a mere conspiracy and consultation +to raise a force for that purpose would amount to that offence.<a name="FNanchor_235" id="FNanchor_235" href="#Footnote_235" class="fnanchor">[235]</a> + +But the statutes of 36 & 57 Geo. 3 determine the intention to +levy war, in order to put any force upon or to intimidate either +house of parliament, manifested by any overt act, to be treason, +and so far have undoubtedly extended the scope of the law. +We may hope that so ample a legislative declaration on the law +of treason will put an end to the preposterous interpretations +which have found too much countenance on some not very +distant occasions. The crime of compassing and imagining the +king's death must be manifested by some overt act; that is, +there must be something done in execution of a traitorous +purpose. For as no hatred towards the person of the sovereign, +nor any longings for his death, are the imagination which the +law here intends, it seems to follow that loose words or writings, +in which such hostile feelings may be embodied, unconnected +with any positive design, cannot amount to treason. It is now +therefore generally agreed, that no words will constitute that +offence, unless as evidence of some overt act of treason; and +the same appears clearly to be the case with respect at least to +unpublished writings.<a name="FNanchor_236" id="FNanchor_236" href="#Footnote_236" class="fnanchor">[236]</a> +</p> + +<p>The second clause of the statute, or that which declares the +levying of war against the king within the realm to be treason, +has given rise, in some instances, to constructions hardly less +strained than those upon compassing his death. It would +indeed be a very narrow interpretation, as little required by +the letter as warranted by the reason of this law, to limit the +expression of levying war to rebellions, whereof the deposition +of the sovereign, or subversion of his government, should be +the deliberate object. Force, unlawfully directed against the +supreme authority, constitutes this offence; nor could it have +been admitted as an excuse for the wild attempt of the Earl of +Essex, on this charge of levying war, that his aim was not to +injure the queen's person, but to drive his adversaries from her +<span class="pagenum"><a name="Page_140" id="Page_140">140</a></span> +presence. The only questions as to this kind of treason are; +first, what shall be understood by force? and secondly, where +it shall be construed to be directed against the government? +And the solution of both these, upon consistent principles, must +so much depend on the circumstances which vary the character +of almost every case, that it seems natural to distrust the general +maxims that have been delivered by lawyers. Many decisions +in cases of treason before the revolution were made by men so +servile and corrupt, they violate so grossly all natural right and +all reasonable interpretation of law, that it has generally been +accounted among the most important benefits of that event to +have restored a purer administration of criminal justice. But, +though the memory of those who pronounced these decisions +is stigmatised, their authority, so far from being abrogated, has +influenced later and better men; and it is rather an unfortunate +circumstance, that precedents which, from the character of the +times when they occurred, would lose at present all respect, +having been transfused into text-books, and formed perhaps +the sole basis of subsequent decisions, are still in not a few +points the invisible foundation of our law. No lawyer, I conceive, +prosecuting for high treason in this age, would rely on +the case of the Duke of Norfolk under Elizabeth, or that of +Williams under James I., or that of Benstead under Charles I.; +but he would certainly not fail to dwell on the authorities of +Sir Edward Coke and Sir Matthew Hale. Yet these eminent +men, and especially the latter, aware that our law is mainly +built on adjudged precedent, and not daring to reject that which +they would not have themselves asserted, will be found to have +rather timidly exercised their judgment in the construction of +this statute, yielding a deference to former authority which we +have transferred to their own.</p> + +<p>These observations are particularly applicable to that class +of cases so repugnant to the general understanding of mankind, +and, I believe, of most lawyers, wherein trifling insurrections +for the purpose of destroying brothels or meeting-houses have +been held treasonable under the clause of levying war. Nor +does there seem any ground for the defence which has been +made for this construction, by taking a distinction, that although +a rising to effect a partial end by force is only a riot, yet where +a general purpose of the kind is in view it becomes rebellion; +and thus, though to pull down the enclosures in a single manor +be not treason against the king, yet to destroy all enclosures +throughout the kingdom would be an infringement of his sovereign +<span class="pagenum"><a name="Page_141" id="Page_141">141</a></span> +power. For, however solid this distinction may be, yet +in the class of cases to which I allude, this general purpose was +neither attempted to be made out in evidence, nor rendered +probable by the circumstances; nor was the distinction ever +taken upon the several trials. A few apprentices rose in London +in the reign of Charles II., and destroyed some brothels.<a name="FNanchor_237" id="FNanchor_237" href="#Footnote_237" class="fnanchor">[237]</a> + A +mob of watermen and others, at the time of Sacheverell's +impeachment, set on fire several dissenting meeting-houses.<a name="FNanchor_238" id="FNanchor_238" href="#Footnote_238" class="fnanchor">[238]</a> + +Everything like a formal attack on the established government +is so much excluded in these instances by the very nature of +the offence and the means of the offenders, that it is impossible +to withhold our reprobation from the original decision, upon +which, with too much respect for unreasonable and unjust +authority, the later cases have been established. These indeed +still continue to be cited as law; but it is much to be doubted +whether a conviction for treason will ever again be obtained, +or even sought for, under similar circumstances. One reason +indeed for this, were there no weight in any other, might suffice; +the punishment of tumultuous risings, attended with violence, +has been rendered capital by the riot act of George I. and other +statutes; so that, in the present state of the law, it is generally +more advantageous for the government to treat such an offence +as felony than as treason.</p> + +<p><i>Statute of William III.</i>—It might for a moment be doubted, +upon the statute of Edward VI., whether the two witnesses +whom the act requires must not depose to the same overt acts +of treason. But, as this would give an undue security to conspirators, +so it is not necessarily implied by the expression; +<span class="pagenum"><a name="Page_142" id="Page_142">142</a></span> +nor would it be indeed the most unwarrantable latitude that +has been given to this branch of penal law, to maintain that +two witnesses to any distinct acts comprised in the same indictment +would satisfy the letter of this enactment. But a more +wholesome distinction appears to have been taken before the +revolution, and is established by the statute of William, that, +although different overt acts may be proved by two witnesses, +they must relate to the same species of treason, so that one +witness to an alleged act of compassing the king's death cannot +be conjoined with another deposing to an act of levying war, +in order to make up the required number.<a name="FNanchor_239" id="FNanchor_239" href="#Footnote_239" class="fnanchor">[239]</a> + As for the practice +of courts of justice before the restoration, it was so much at +variance with all principles, that few prisoners were allowed the +benefit of this statute;<a name="FNanchor_240" id="FNanchor_240" href="#Footnote_240" class="fnanchor">[240]</a> + succeeding judges fortunately deviated +more from their predecessors in the method of conducting trials +than they have thought themselves at liberty to do in laying +down rules of law.</p> + +<p>Nothing had brought so much disgrace on the councils of +government and on the administration of justice, nothing had +more forcibly spoken the necessity of a great change than the +prosecutions for treason during the latter years of Charles II., +and in truth during the whole course of our legal history. The +statutes of Edward III. and Edward VI., almost set aside by +sophistical constructions, required the corroboration of some +more explicit law; and some peculiar securities were demanded +for innocence against that conspiracy of the court with the +prosecutor, which is so much to be dreaded in all trials for +political crimes. Hence the attainders of Russell, Sidney, +Cornish, and Armstrong were reversed by the convention-parliament +without opposition; and men attached to liberty +and justice, whether of the whig or tory name, were anxious to +prevent any future recurrence of those iniquitous proceedings, +by which the popular frenzy at one time, the wickedness of the +court at another, and in each instance with the co-operation of +a servile bench of judges, had sullied the honour of English +justice. A better tone of political sentiment had begun indeed +to prevail, and the spirit of the people must ever be a more +effectual security than the virtue of the judges; yet, even after +the revolution, if no unjust or illegal convictions in cases of +treason can be imputed to our tribunals, there was still not a +little of that rudeness towards the prisoner, and manifestation +of a desire to interpret all things to his prejudice, which had +<span class="pagenum"><a name="Page_143" id="Page_143">143</a></span> +been more grossly displayed by the bench under Charles II. +The jacobites, against whom the law now directed its terrors, +as loudly complained of Treby and Pollexfen, as the whigs had +of Scroggs and Jefferies, and weighed the convictions of Ashton +and Anderton against those of Russell and Sidney.<a name="FNanchor_241" id="FNanchor_241" href="#Footnote_241" class="fnanchor">[241]</a> +</p> + +<p>Ashton was a gentleman, who, in company with Lord Preston, +was seized in endeavouring to go over to France with an invitation +from the jacobite party. The contemporary writers on +that side, and some historians who incline to it, have represented +his conviction as grounded upon insufficient, because only upon +presumptive evidence. It is true that in most of our earlier +cases of treason, treasonable facts have been directly proved; +whereas it was left to the jury in that of Ashton, whether they +were satisfied of his acquaintance with the contents of certain +papers taken on his person. There does not however seem to +be any reason why presumptive inferences are to be rejected +in charges of treason, or why they should be drawn with more +hesitation than in other grave offences; and if this be admitted, +there can be no doubt that the evidence against Ashton was +such as is ordinarily reckoned conclusive. It is stronger than +that offered for the prosecution against O'Quigley at Maidstone +in 1798, a case of the closest resemblance; and yet I am not +aware that the verdict in that instance was thought open to +censure. No judge however in modern times would question, +much less reply upon, the prisoner, as to material points of his +defence, as Holt and Pollexfen did in this trial; the practice +of a neighbouring kingdom, which, in our more advanced sense +of equity and candour, we are agreed to condemn.<a name="FNanchor_242" id="FNanchor_242" href="#Footnote_242" class="fnanchor">[242]</a> +</p> + +<p>It is perhaps less easy to justify the conduct of Chief-Justice +Treby in the trial of Anderton for printing a treasonable pamphlet. +The testimony came very short of satisfactory proof, +according to the established rules of English law, though by no +means such as men in general would slight. It chiefly consisted +of a comparison between the characters of a printed work found +<span class="pagenum"><a name="Page_144" id="Page_144">144</a></span> +concealed in his lodgings and certain types belonging to his +press; a comparison manifestly less admissible than that of +handwriting, which is always rejected, and indeed totally inconsistent +with the rigour of English proof. Besides the common +objections made to a comparison of hands, and which apply +more forcibly to printed characters, it is manifest that types +cast in the same font must always be exactly similar. But, +on the other hand, it seems unreasonable absolutely to exclude, +as our courts have done, the comparison of handwriting as +inadmissible evidence; a rule which is every day eluded by +fresh rules, not much more rational in themselves, which have +been invented to get rid of its inconvenience. There seems +however much danger in the construction which draws printed +libels, unconnected with any conspiracy, within the pale of +treason, and especially the treason of compassing the king's +death, unless where they directly tended to his assassination. +No later authority can, as far as I remember, be adduced for +the prosecution of any libel as treasonable, under the statute +of Edward III. But the pamphlet for which Anderton was +convicted was certainly full of the most audacious jacobitism, +and might perhaps fall, by no unfair construction, within the +charge of adhering to the king's enemies; since no one could +be more so than James, whose design of invading the realm had +been frequently avowed by himself.<a name="FNanchor_243" id="FNanchor_243" href="#Footnote_243" class="fnanchor">[243]</a> +</p> + +<p>A bill for regulating trials upon charges of high treason +passed the Commons with slight resistance by the Crown +lawyers in 1691.<a name="FNanchor_244" id="FNanchor_244" href="#Footnote_244" class="fnanchor">[244]</a> + The Lords introduced a provision in their +own favour, that upon the trial of a peer in the court of the high +steward, all such as were entitled to vote should be regularly +summoned; it having been the practice to select twenty-three +at the discretion of the Crown. Those who wished to hinder +the bill availed themselves of the jealousy which the Commons +in that age entertained of the upper house of parliament, and +persuaded them to disagree with this just and reasonable +amendment.<a name="FNanchor_245" id="FNanchor_245" href="#Footnote_245" class="fnanchor">[245]</a> + It fell to the ground therefore on this occasion; +and though more than once revived in subsequent sessions, the +same difference between the two houses continued to be insuperable.<a name="FNanchor_246" id="FNanchor_246" href="#Footnote_246" class="fnanchor">[246]</a> + +<span class="pagenum"><a name="Page_145" id="Page_145">145</a></span> +In the new parliament that met in 1695, Commons +had the good sense to recede from an irrational jealousy. Notwithstanding +the reluctance of the ministry, for which perhaps +the very dangerous position of the king's government furnishes +an apology, this excellent statute was enacted as an additional +guarantee (in such bad times as might again occur) to those +who are prominent in their country's cause, against the great +danger of false accusers and iniquitous judges.<a name="FNanchor_247" id="FNanchor_247" href="#Footnote_247" class="fnanchor">[247]</a> + It provides +that all persons indicted for high treason shall have a copy of +their indictment delivered to them five days before their trial, +a period extended by a subsequent act to ten days, and a copy +of the panel of jurors two days before their trial; that they +shall be allowed to have their witnesses examined on oath, and +to make their defence by counsel. It clears up any doubt that +could be pretended on the statute of Edward VI., by requiring +two witnesses, either both to the same overt act, or the first to +one, the second to another overt act of the same treason (that +is, the same kind of treason), unless the party shall voluntarily +confess the charge.<a name="FNanchor_248" id="FNanchor_248" href="#Footnote_248" class="fnanchor">[248]</a> + It limits prosecutions for treason to the +term of three years, except in the case of an attempted assassination +on the king. It includes the contested provision for +the trial of peers by all who have a right to sit and vote in +parliament. A later statute, 7 Anne, c. 21, which may be +mentioned here as the complement of the former, has added a +peculiar privilege to the accused, hardly less material than any +of the rest. Ten days before the trial, a list of the witnesses +intended to be brought for proving the indictment, with their +professions and place of abode, must be delivered to the prisoner, +along with the copy of the indictment. The operation of this +clause was suspended till after the death of the pretended +Prince of Wales.</p> + +<p>Notwithstanding a hasty remark of Burnet, that the design +of this bill seemed to be to make men as safe in all treasonable +<span class="pagenum"><a name="Page_146" id="Page_146">146</a></span> +practices as possible, it ought to be considered a valuable +accession to our constitutional law; and no part, I think, of +either statute will be reckoned inexpedient, when we reflect +upon the history of all nations, and more especially of our own. +The history of all nations, and more especially of our own, in +the fresh recollection of those who took a share in these acts, +teaches us that false accusers are always encouraged by a bad +government, and may easily deceive a good one. A prompt +belief in the spies whom they perhaps necessarily employ, in +the voluntary informers who dress up probable falsehoods, is +so natural and constant in the offices of ministers, that the best +are to be heard with suspicion when they bring forward such +testimony. One instance, at least, had occurred since the +revolution, of charges unquestionably false in their specific +details, preferred against men of eminence by impostors who +panted for the laurels of Oates and Turberville.<a name="FNanchor_249" id="FNanchor_249" href="#Footnote_249" class="fnanchor">[249]</a> + And, as men +who are accused of conspiracy against a government are generally +such as are beyond question disaffected to it, the indiscriminating +temper of the prejudging people, from whom juries +must be taken, is as much to be apprehended, when it happens +to be favourable to authority, as that of the government itself; +and requires as much the best securities, imperfect as the best +are, which prudence and patriotism can furnish to innocence. +That the prisoner's witnesses should be examined on oath will +of course not be disputed, since by a subsequent statute that +strange and unjust anomaly in our criminal law has been +removed in all cases as well as in treason; but the judges had +sometimes not been ashamed to point out to the jury, in derogation +of the credit of those whom a prisoner called in his +behalf, that they were not speaking under the same sanction as +those for the Crown. It was not less reasonable that the defence +should be conducted by counsel; since that excuse which is +often made for denying the assistance of counsel on charges of +felony, namely, the moderation of prosecutors and the humanity +of the bench, could never be urged in those political accusations +wherein the advocates for the prosecution contend with all their +strength for victory; and the impartiality of the court is rather +praised when it is found than relied upon beforehand.<a name="FNanchor_250" id="FNanchor_250" href="#Footnote_250" class="fnanchor">[250]</a> + Nor +<span class="pagenum"><a name="Page_147" id="Page_147">147</a></span> +does there lie any sufficient objection even to that which many +dislike, the furnishing a list of the witnesses to the prisoner, +when we set on the other side the danger of taking away innocent +lives by the testimony of suborned and infamous men, and +remember also that a guilty person can rarely be ignorant of those +who will bear witness against him; or if he could, that he may +always discover those who have been examined before the grand +jury, and that no others can in any case be called on the trial.</p> + +<p>The subtlety of Crown lawyers in drawing indictments for +treason, and the willingness of judges to favour such prosecutions, +have considerably eluded the chief difficulties which the +several statutes appear to throw in their way. The government +has at least had no reason to complain that the construction of +those enactments has been too rigid. The overt acts laid in +the indictment are expressed so generally that they give sometimes +little insight into the particular circumstances to be +adduced in evidence; and, though the act of William is positive +that no evidence shall be given of any overt act not laid in the +indictment, it has been held allowable, and is become the constant +practice, to bring forward such evidence, not as substantive +charges, but on the pretence of its tending to prove +certain other acts specially alleged. The disposition to extend +a constructive interpretation to the statute of Edward III. has +continued to increase; and was carried, especially by Chief-Justice +Eyre in the trials of 1794, to a length at which we lose +sight altogether of the plain meaning of words, and apparently +much beyond what Pemberton, or even Jefferies, had reached. +In the vast mass of circumstantial testimony which our modern +trials for high treason display, it is sometimes difficult to discern +whether the great principle of our law, requiring two witnesses +to overt acts, has been adhered to; for certainly it is not adhered +to, unless such witnesses depose to acts of the prisoner, from +which an inference of his guilt is immediately deducible.<a name="FNanchor_251" id="FNanchor_251" href="#Footnote_251" class="fnanchor">[251]</a> + There +can be no doubt that state prosecutions have long been conducted +with an urbanity and exterior moderation unknown to +<span class="pagenum"><a name="Page_148" id="Page_148">148</a></span> +the age of the Stuarts, or even to that of William; but this may +by possibility be compatible with very partial wrestling of the +law, and the substitution of a sort of political reasoning for that +strict interpretation of penal statutes which the subject has a +right to demand. No confidence in the general integrity of a +government, much less in that of its lawyers, least of all any +belief in the guilt of an accused person, should beguile us to +remit that vigilance which is peculiarly required in such circumstances.<a name="FNanchor_252" id="FNanchor_252" href="#Footnote_252" class="fnanchor">[252]</a> +</p> + +<p>For this vigilance, and indeed for almost all that keeps up in +us, permanently and effectually, the spirit of regard to liberty +and the public good, we must look to the unshackled and independent +energies of the press. In the reign of William III., +and through the influence of the popular principle in our constitution, +this finally became free. The licensing act, suffered +to expire in 1679, was revived in 1685 for seven years. In 1692, +it was continued till the end of the session of 1693. Several +attempts were afterwards made to renew its operation, which +the less courtly whigs combined with the tories and jacobites +to defeat.<a name="FNanchor_253" id="FNanchor_253" href="#Footnote_253" class="fnanchor">[253]</a> + Both parties indeed employed the press with great +diligence in this reign; but while one degenerated into malignant +calumny and misrepresentation, the signal victory of liberal +principles is manifestly due to the boldness and eloquence with +which they were promulgated. Even during the existence of +a censorship, a host of unlicensed publications, by the negligence +or connivance of the officers employed to seize them, bore +witness to the inefficacy of its restrictions. The bitterest +invectives of jacobitism were circulated in the first four years +after the revolution.<a name="FNanchor_254" id="FNanchor_254" href="#Footnote_254" class="fnanchor">[254]</a> +</p> + +<p><i>Liberty of the press.</i>—The liberty of the press consists, in a +strict sense, merely in an exemption from the superintendence +of a licenser. But it cannot be said to exist in any security, +or sufficiently for its principal ends, where discussions of a +political or religious nature, whether general or particular, are +<span class="pagenum"><a name="Page_149" id="Page_149">149</a></span> +restrained by too narrow and severe limitations. The law of +libel has always been indefinite; an evil probably beyond any +complete remedy, but which evidently renders the liberty of +free discussion rather more precarious in its exercise than might +be wished. It appears to have been the received doctrine in +Westminster Hall before the revolution, that no man might +publish a writing reflecting on the government, nor upon the +character, or even capacity and fitness, of any one employed in +it. Nothing having passed to change the law, the law remained +as before. Hence in the case of Tutchin, it is laid down by +Holt, that to possess the people with an ill opinion of the government, +that is, of the ministry, is a libel. And the attorney-general, +in his speech for the prosecution, urges that there can +be no reflection on those that are in office under her majesty, +but it must cast some reflection on the queen who employs +them. Yet in this case the censure upon the administration, in +the passages selected for prosecution, was merely general, and +without reference to any person, upon which the counsel for +Tutchin vainly relied.<a name="FNanchor_255" id="FNanchor_255" href="#Footnote_255" class="fnanchor">[255]</a> +</p> + +<p>It is manifest that such a doctrine was irreconcilable with +the interests of any party out of power, whose best hope to +regain it is commonly by prepossessing the nation with a bad +opinion of their adversaries. Nor would it have been possible +for any ministry to stop the torrent of a free press, under the +secret guidance of a powerful faction, by a few indictments for +libel. They found it generally more expedient and more agreeable +to borrow weapons from the same armoury, and retaliate +with unsparing invective and calumny. This was first practised +(first, I mean, with the avowed countenance of government) by +Swift in the <i>Examiner</i>, and some of his other writings. And +both parties soon went such lengths in this warfare that it +became tacitly understood that the public characters of statesmen, +and the measures of administration, are the fair topics of +pretty severe attacks. Less than this indeed would not have +contented the political temper of the nation, gradually and +without intermission becoming more democratical, and more +capable, as well as more accustomed, to judge of its general +interests, and of those to whom they were intrusted. The just +<span class="pagenum"><a name="Page_150" id="Page_150">150</a></span> +limit between political and private censure has been far better +drawn in these later times, licentious as we still may justly +deem the press, than in an age when courts of justice had not +deigned to acknowledge, as they do at present, its theoretical +liberty. No writer, except of the most broken reputation, +would venture at this day on the malignant calumnies of Swift.</p> + +<p><i>Law of libel.</i>—Meanwhile the judges naturally adhered to +their established doctrine; and, in prosecutions for political +libels, were very little inclined to favour what they deemed +the presumption, if not the licentiousness, of the press. They +advanced a little farther than their predecessors; and, contrary +to the practice both before and after the revolution, laid it down +at length as an absolute principle, that falsehood, though always +alleged in the indictment, was not essential to the guilt of the +libel; refusing to admit its truth to be pleaded, or given in +evidence, or even urged by way of mitigation of punishment.<a name="FNanchor_256" id="FNanchor_256" href="#Footnote_256" class="fnanchor">[256]</a> + +But as the defendant could only be convicted by the verdict of +a jury, and jurors both partook of the general sentiment in +favour of free discussion, and might in certain cases have +acquired some prepossessions as to the real truth of the supposed +libel, which the court's refusal to enter upon it could not +remove, they were often reluctant to find a verdict of guilty; +and hence arose by degrees a sort of contention which sometimes +showed itself upon trials, and divided both the profession of the +law and the general public. The judges and lawyers, for the +most part, maintained that the province of the jury was only +to determine the fact of publication; and also whether what +are called the innuendoes were properly filled up, that is, +whether the libel meant that which it was alleged in the indictment +to mean, not whether such meaning were criminal or +innocent, a question of law which the court were exclusively +competent to decide. That the jury might acquit at their +pleasure was undeniable; but it was asserted that they would +do so in violation of their oaths and duty, if they should reject +the opinion of the judge by whom they were to be guided as to +<span class="pagenum"><a name="Page_151" id="Page_151">151</a></span> +the general law. Others of great name in our jurisprudence, +and the majority of the public at large, conceiving that this +would throw the liberty of the press altogether into the hands +of the judges, maintained that the jury had a strict right to +take the whole matter into their consideration, and determine +the defendant's criminality or innocence according to the nature +and circumstances of the publication. This controversy, which +perhaps hardly arose within the period to which the present +work relates, was settled by Mr. Fox's libel bill in 1792. It +declares the right of the jury to find a general verdict upon the +whole matter; and though, from causes easy to explain, it is +not drawn in the most intelligible and consistent manner, was +certainly designed to turn the defendant's intention, as it might +be laudable or innocent, seditious or malignant, into a matter +of fact for their enquiry and decision.</p> + +<p><i>Religious toleration.</i>—The revolution is justly entitled to +honour as the era of religious, in a far greater degree than of +civil liberty; the privileges of conscience having had no earlier +magna charta and petition of right whereto they could appeal +against encroachment. Civil, indeed, and religious liberty had +appeared, not as twin sisters and co-heirs, but rather in jealous +and selfish rivalry; it was in despite of the law, it was through +infringement of the constitution, by the court's connivance, by +the dispensing prerogative, by the declarations of indulgence +under Charles and James, that some respite had been obtained +from the tyranny which those who proclaimed their attachment +to civil rights had always exercised against one class of +separatists, and frequently against another.</p> + +<p>At the time when the test law was enacted, chiefly with a +view against popery, but seriously affecting the protestant nonconformists, +it was the intention of the House of Commons to +afford relief to the latter by relaxing in some measure the +strictness of the act of uniformity in favour of such ministers +as might be induced to conform, by granting an indulgence of +worship to those who should persist in their separation. This +bill however dropped in that session. Several more attempts +at an union were devised by worthy men of both parties in that +reign, but with no success. It was the policy of the court to +withstand a comprehension of dissenters; nor would the bishops +admit of any concession worth the others' acceptance. The +high-church party would not endure any mention of indulgence.<a name="FNanchor_257" id="FNanchor_257" href="#Footnote_257" class="fnanchor">[257]</a> + +<span class="pagenum"><a name="Page_152" id="Page_152">152</a></span> +In the parliament of 1680, a bill to relieve protestant dissenters +from the penalties of the 35th of Elizabeth, the most severe act +in force against them, having passed both houses, was lost off +the table of the House of Lords, at the moment that the king +came to give his assent; an artifice by which he evaded the +<span class="pagenum"><a name="Page_153" id="Page_153">153</a></span> +odium of an explicit refusal.<a name="FNanchor_258" id="FNanchor_258" href="#Footnote_258" class="fnanchor">[258]</a> + Meanwhile the nonconforming +ministers, and in many cases their followers, experienced a +harassing persecution under the various penal laws that oppressed +them; the judges, especially in the latter part of this reign, +when some good magistrates were gone, and still more the justices +of the peace, among whom a high-church ardour was prevalent, +crowding the gaols with the pious confessors of puritanism.<a name="FNanchor_259" id="FNanchor_259" href="#Footnote_259" class="fnanchor">[259]</a> + +Under so rigorous an administration of statute law, it was not +unnatural to take the shelter offered by the declaration of +indulgence; but the dissenters never departed from their +ancient abhorrence of popery and arbitrary power, and embraced +the terms of reconciliation and alliance which the church, +in its distress, held out to them. A scheme of comprehension +was framed under the auspices of Archbishop Sancroft before +the revolution. Upon the completion of the new settlement it +was determined, with the apparent concurrence of the church, +to grant an indulgence to separate conventicles, and at the same +time, by enlarging the terms of conformity, to bring back those +whose differences were not irreconcilable within the pale of the +Anglican communion.</p> + +<p>The act of toleration was passed with little difficulty, though +not without the murmurs of the bigoted churchmen.<a name="FNanchor_260" id="FNanchor_260" href="#Footnote_260" class="fnanchor">[260]</a> + It +exempts from the penalties of existing statutes against separate +conventicles, or absence from the established worship, such as +should take the oath of allegiance, and subscribe the declaration +against popery, and such ministers of separate congregations as +should subscribe the thirty-nine articles of the church of England +except three, and part of a fourth. It gives also an indulgence to +quakers without this condition. Meeting-houses are required to +be registered, and are protected from insult by a penalty. No +part of this toleration is extended to papists or to such as deny +the Trinity. We may justly deem this act a very scanty +measure of religious liberty; yet it proved more effectual through +the lenient and liberal policy of the eighteenth century; the +subscription to articles of faith, which soon became as obnoxious +<span class="pagenum"><a name="Page_154" id="Page_154">154</a></span> +as that to matters of a more indifferent nature, having been +practically dispensed with, though such a genuine toleration as +Christianity and philosophy alike demand, had no place in our +statute-book before the reign of George III.</p> + +<p>It was found more impracticable to overcome the prejudices +which stood against any enlargement of the basis of the English +church. The bill of comprehension, though nearly such as had +been intended by the primate, and conformable to the plans so +often in vain devised by the most wise and moderate churchmen, +met with a very cold reception. Those among the clergy who +disliked the new settlement of the Crown (and they were by far +the greater part), played upon the ignorance and apprehensions +of the gentry. The king's suggestion in a speech from the +throne, that means should be found to render all protestants +capable of serving him in Ireland, as it looked towards a repeal +or modification of the test act, gave offence to the zealous churchmen.<a name="FNanchor_261" id="FNanchor_261" href="#Footnote_261" class="fnanchor">[261]</a> + +A clause proposed in the bill for changing the oaths of +supremacy and allegiance, in order to take away the necessity +of receiving the sacrament in the church as a qualification for +office, was rejected by a great majority of the Lords, twelve +whig peers protesting.<a name="FNanchor_262" id="FNanchor_262" href="#Footnote_262" class="fnanchor">[262]</a> + Though the bill of comprehension proposed +to parliament went no farther than to leave a few scrupled +ceremonies at discretion, and to admit presbyterian ministers +into the church without pronouncing on the invalidity of their +former ordination, it was mutilated in passing through the upper +house; and the Commons, after entertaining it for a time, +substituted an address to the king, that he would call the house +of convocation "to be advised with in ecclesiastical matters."<a name="FNanchor_263" id="FNanchor_263" href="#Footnote_263" class="fnanchor">[263]</a> + +It was, of course, necessary to follow this recommendation. +But the lower house of convocation, as might be foreseen, threw +every obstacle in the way of the king's enlarged policy. They +chose a man as their prolocutor who had been forward in the +worst conduct of the university of Oxford. They displayed in +everything a factious temper, which held the very names of +concession and conciliation in abhorrence. Meanwhile a commission +of divines, appointed under the great seal, had made a +revision of the liturgy, in order to eradicate everything which +could give a plausible ground of offence, as well as to render the +service more perfect. Those of the high-church faction had +soon seceded from this commission; and its deliberations were +doubtless the more honest and rational for their absence. But, +as the complacence of parliament towards ecclesiastical authority +<span class="pagenum"><a name="Page_155" id="Page_155">155</a></span> +had shown that no legislative measure could be forced against +the resistance of the lower house of convocation, it was not +thought expedient to lay before that synod of insolent priests +the revised liturgy, which they would have employed as an +engine of calumny against the bishops and the Crown. The +scheme of comprehension, therefore, fell absolutely and finally +to the ground.<a name="FNanchor_264" id="FNanchor_264" href="#Footnote_264" class="fnanchor">[264]</a> +</p> + +<p><i>Schism of the non-jurors.</i>—A similar relaxation of the terms of +conformity would, in the reign of Elizabeth, or even at the +time of the Savoy conferences, have brought back so large a +majority of dissenters that the separation of the remainder +could not have afforded any colour of alarm to the most jealous +dignitary. Even now it is said that two-thirds of the nonconformists +would have embraced the terms of reunion. But +the motives of dissent were already somewhat changed, and had +come to turn less on the petty scruples of the elder puritans +and on the differences in ecclesiastical discipline, than on a +dislike to all subscriptions of faith and compulsory uniformity. +The dissenting ministers, accustomed to independence, and +finding not unfrequently in the contributions of their disciples +a better maintenance than court favour and private patronage +have left for diligence and piety in the establishment, do not +seem to have much regretted the fate of this measure. None +of their friends, in the most favourable times, have ever made +an attempt to renew it. There are indeed serious reasons why +the boundaries of religious communion should be as widely +extended as is consistent with its end and nature; and among +these the hardship and detriment of excluding conscientious +men from the ministry is not the least. Nor is it less evident +that from time to time, according to the progress of knowledge +and reason, to remove defects and errors from the public service +of the church, even if they have not led to scandal or separation, +is the bounden duty of its governors. But none of these considerations +press much on the minds of statesmen; and it was +not to be expected that any administration should prosecute a +religious reform for its own sake, at the hazard of that tranquillity +and exterior unity which is in general the sole end for +which they would deem such a reform worth attempting. Nor +could it be dissembled that, so long as the endowments of a +national church are supposed to require a sort of politic organisation +<span class="pagenum"><a name="Page_156" id="Page_156">156</a></span> +within the commonwealth, and a busy spirit of faction for +their security, it will be convenient for the governors of the state, +whenever they find this spirit adverse to them, as it was at the +revolution, to preserve the strength of the dissenting sects as a +counterpoise to that dangerous influence which, in protestant +churches, as well as that of Rome, has sometimes set up the +interest of one order against that of the community. And +though the church of England made a high vaunt of her loyalty, +yet, as Lord Shrewsbury told William of the tories in general, +he must remember that he was not their king; of which indeed +he had abundant experience.</p> + +<p>A still more material reason against any alteration in the +public liturgy and ceremonial religion at that feverish crisis, +unless with a much more decided concurrence of the nation than +could be obtained, was the risk of nourishing the schism of the +non-jurors. These men went off from the church on grounds +merely political, or at most on the pretence that the civil power +was incompetent to deprive bishops of their ecclesiastical jurisdiction; +to which none among the laity, who did not adopt the +same political tenets, were likely to pay attention. But the +established liturgy was, as it is at present, in the eyes of the great +majority, the distinguishing mark of the Anglican church, far +more indeed than episcopal government, whereof so little is +known by the mass of the people that its abolition would make no +perceptible difference in their religion. Any change, though for +the better, would offend those prejudices of education and habit, +which it requires such a revolutionary commotion of the public +mind as the sixteenth century witnessed, to subdue, and might +fill the jacobite conventicles with adherents to the old church. +It was already the policy of the non-juring clergy to hold themselves +up in this respectable light, and to treat the Tillotsons +and Burnets as equally schismatic in discipline and unsound in +theology. Fortunately, however, they fell into the snare which +the established church had avoided; and deviating, at least in +their writings, from the received standard of Anglican orthodoxy, +into what the people saw with most jealousy, a sort of approximation +to the church of Rome, gave their opponents an advantage +in controversy, and drew farther from that part of the +clergy who did not much dislike their political creed. They +were equally injudicious and neglectful of the signs of the times, +when they promulgated such extravagant assertions of sacerdotal +power as could not stand with the regal supremacy, or any subordination +to the state. It was plain, from the writings of +<span class="pagenum"><a name="Page_157" id="Page_157">157</a></span> +Leslie and other leaders of their party, that the mere restoration +of the house of Stuart would not content them, without undoing +all that had been enacted as to the church from the time +of Henry VIII.; and thus the charge of innovation came +evidently home to themselves.<a name="FNanchor_265" id="FNanchor_265" href="#Footnote_265" class="fnanchor">[265]</a> +</p> + +<p>The convention parliament would have acted a truly politic, +as well as magnanimous, part in extending this boon, or rather +this right, of religious liberty to the members of that unfortunate +church, for whose sake the late king had lost his throne. It +would have displayed to mankind that James had fallen, not +as a catholic, nor for seeking to bestow toleration on catholics, +but as a violator of the constitution. William, in all things +superior to his subjects, knew that temporal, and especially +military fidelity, would be in almost every instance proof against +the seductions of bigotry. The Dutch armies have always been +in a great measure composed of catholics; and many of that +profession served under him in the invasion of England. His +own judgment for the repeal of the penal laws had been declared +even in the reign of James. The danger, if any, was now +immensely diminished; and it appears in the highest degree +probable that a genuine toleration of their worship, with no +condition but the oath of allegiance, would have brought over +the majority of that church to the protestant succession, so far +at least as to engage in no schemes inimical to it. The wiser +catholics would have perceived that, under a king of their own +faith, or but suspected of an attachment to it, they must continue +the objects of perpetual distrust to a protestant nation. +They would have learned that conspiracy and jesuitical intrigue +could but keep alive calumnious imputations, and diminish the +respect which a generous people would naturally pay to their +sincerity and their misfortune. Had the legislators of that age +taken a still larger sweep, and abolished at once those tests and +disabilities, which, once necessary bulwarks against an insidious +court, were no longer demanded in the more republican +<span class="pagenum"><a name="Page_158" id="Page_158">158</a></span> +model of our government, the jacobite cause would have +suffered, I believe, a more deadly wound than penal statutes +and double taxation were able to inflict. But this was beyond +the philosophers, how much beyond the statesmen, of the +time!</p> + +<p><i>Laws against Roman catholics.</i>—The tories, in their malignant +hatred of our illustrious monarch, turned his connivance at +popery into a theme of reproach.<a name="FNanchor_266" id="FNanchor_266" href="#Footnote_266" class="fnanchor">[266]</a> + It was believed, and probably +with truth, that he had made to his catholic allies promises +of relaxing the penal laws; and the jacobite intriguers had the +mortification to find that William had his party at Rome, as +well as her exiled confessor of St. Germains. After the peace +of Ryswick many priests came over, and showed themselves +with such incautious publicity as alarmed the bigotry of the +House of Commons, and produced the disgraceful act of 1700 +against the growth of popery.<a name="FNanchor_267" id="FNanchor_267" href="#Footnote_267" class="fnanchor">[267]</a> + The admitted aim of this +statute was to expel the catholic proprietors of land, comprising +many very ancient and wealthy families, by rendering it necessary +for them to sell their estates. It first offers a reward of £100 +to any informer against a priest exercising his functions, and +adjudges the penalty of perpetual imprisonment. It requires +every person educated in the popish religion, or professing the +same, within six months after he shall attain the age of eighteen +years, to take the oaths of allegiance and supremacy, and +subscribe the declaration set down in the act of Charles II. +against transubstantiation and the worship of saints; in default +of which he is incapacitated, not only to purchase, but to inherit +or take lands under any devise or limitation. The next of kin +<span class="pagenum"><a name="Page_159" id="Page_159">159</a></span> +being a protestant shall enjoy such lands during his life.<a name="FNanchor_268" id="FNanchor_268" href="#Footnote_268" class="fnanchor">[268]</a> + So +unjust, so unprovoked a persecution is the disgrace of that parliament. +But the spirit of liberty and tolerance was too strong +for the tyranny of the law; and this statute was not executed +according to its purpose. The catholic land-holders neither +renounced their religion, nor abandoned their inheritances. +The judges put such constructions upon the clause of forfeiture +as eluded its efficacy; and, I believe, there were scarce any +instances of a loss of property under this law. It has been said, +and I doubt not with justice, that the catholic gentry, during +the greater part of the eighteenth century, were as a separated +and half proscribed class among their equals, their civil exclusion +hanging over them in the intercourse of general society;<a name="FNanchor_269" id="FNanchor_269" href="#Footnote_269" class="fnanchor">[269]</a> + but +their notorious, though not unnatural, disaffection to the reigning +family will account for much of this, and their religion was +undoubtedly exercised with little disguise or apprehension. The +laws were perhaps not much less severe and sanguinary than +those which oppressed the protestants of France; but, in their +actual administration, what a contrast between the government +of George II. and Louis XV., between the gentleness of an +English court of king's bench, and the ferocity of the parliaments +of Aix and Thoulouse!</p> + +<p><i>Act of settlement.</i>—The immediate settlement of the Crown at +the revolution extended only to the descendants of Anne and +of William. The former was at that time pregnant, and became +in a few months the mother of a son. Nothing therefore urged +the convention-parliament to go any farther in limiting the +succession. But the king, in order to secure the elector of +Hanover to the grand alliance, was desirous to settle the reversion +of the Crown on his wife the Princess Sophia and her +posterity. A provision to this effect was inserted in the bill of +rights by the House of Lords. But the Commons rejected the +amendment with little opposition; not, as Burnet idly insinuates +through the secret wish of a republican party (which never +existed, or had no influence) to let the monarchy die a natural +death, but from a just sense that the provision was unnecessary +and might become inexpedient.<a name="FNanchor_270" id="FNanchor_270" href="#Footnote_270" class="fnanchor">[270]</a> + During the life of the young +<span class="pagenum"><a name="Page_160" id="Page_160">160</a></span> +Duke of Gloucester the course of succession appeared clear. +But upon his untimely death in 1700, the manifest improbability +that the limitations already established could subsist beyond +the lives of the king and Princess of Denmark made it highly +convenient to preclude intrigue, and cut off the hopes of the +jacobites, by a new settlement of the Crown on a protestant line +of princes. Though the choice was truly free in the hands of +parliament, and no pretext of absolute right could be advanced +on any side, there was no question that the Princess Sophia was +the fittest object of the nation's preference. She was indeed +very far removed from any hereditary title. Besides the pretended +Prince of Wales, and his sister, whose legitimacy no one +disputed, there stood in her way the Duchess of Savoy, daughter +of Henrietta Duchess of Orleans, and several of the Palatine +family. These last had abjured the reformed faith, of which +their ancestors had been the strenuous assertors; but it seemed +not improbable that some one might return to it; and, if all +hereditary right of the ancient English royal line, the descendant +of Henry VII., had not been extinguished, it would have been +necessary to secure the succession of any prince, who should +profess the protestant religion at the time when the existing +limitations should come to an end. Nor indeed, on the supposition +that the next heir had a right to enjoy the Crown, would the +act of settlement have been required.<a name="FNanchor_271" id="FNanchor_271" href="#Footnote_271" class="fnanchor">[271]</a> + According to the tenor +and intention of this statute, all prior claims of inheritance, save +that of the issue of King William and the Princess Anne, being +set aside and annulled, the Princess Sophia became the source of +a new royal line. The throne of England and Ireland, by virtue +of the paramount will of parliament, stands entailed upon the +heirs of her body, being protestants. In them the right is as +truly hereditary as it ever was in the Plantagenets or the Tudors. +But they derive it not from those ancient families. The blood +indeed of Cerdic and of the Conqueror flows in the veins of +his present majesty. Our Edwards and Henries illustrate the +almost unrivalled splendour and antiquity of the house of +Brunswick. But they have transmitted no more right to the +allegiance of England than Boniface of Este or Henry the Lion. +<span class="pagenum"><a name="Page_161" id="Page_161">161</a></span> +That rests wholly on the act of settlement, and resolves itself +into the sovereignty of the legislature. We have therefore an +abundant security that no prince of the house of Brunswick +will ever countenance the silly theories of imprescriptible right, +which flattery and superstition seem still to render current in +other countries. He would brand his own brow with the names +of upstart and usurper. For the history of the revolution, and of +that change in the succession which ensued upon it, will for ages +to come be fresh and familiar as the recollections of yesterday. +And if the people's choice be, as surely it is, the primary foundation +of magistracy, it is perhaps more honourable to be nearer +the source than to deduce a title from some obscure chieftain, +through a long roll of tyrants and idiots.</p> + +<p>The majority of that House of Commons which passed the +bill of settlement consisted of those who having long opposed +the administration of William, though with very different principles +both as to the succession of the Crown and its prerogative, +were now often called by the general name of tories. Some, +no doubt, of these were adverse to a measure which precluded +the restoration of the house of Stuart, even on the contingency +that its heir might embrace the protestant religion. But this +party could not show itself very openly; and Harley, the new +leader of the tories, zealously supported the entail of the Crown +on the Princess Sophia. But it was determined to accompany +this settlement with additional securities for the subject's +liberty. The bill of rights was reckoned hasty and defective; +some matters of great importance had been omitted, and in the +twelve years which had since elapsed, new abuses had called +for new remedies. Eight articles were therefore inserted in the +act of settlement, to take effect only from the commencement +of the new limitation to the house of Hanover. Some of them, +as will appear, sprung from a natural jealousy of this unknown +and foreign line; some should strictly not have been postponed +so long; but it is necessary to be content with what it is practicable +to obtain. These articles are the following:—</p> + +<p>That whosoever shall hereafter come to the possession of +this Crown, shall join in communion with the church of England +as by law established.</p> + +<p>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. +<span class="pagenum"><a name="Page_162" id="Page_162">162</a></span></p> + +<p>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.</p> + +<p>That from and after the time that the further limitation by +this act shall take effect, all matters and things relating to the +well governing of this kingdom, which are properly cognisable +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.</p> + +<p>That, after the said limitation shall take effect as aforesaid, +no person born out of the kingdoms of England, Scotland, or +Ireland, or the dominions thereunto belonging (although he be +naturalised 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 to any other or others in trust for him.</p> + +<p>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.</p> + +<p>That, after the said limitation shall take effect as aforesaid, +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.</p> + +<p>That no pardon under the great seal of England be pleadable +to an impeachment by the Commons in parliament.<a name="FNanchor_272" id="FNanchor_272" href="#Footnote_272" class="fnanchor">[272]</a> +</p> + +<p>The first of these provisions was well adapted to obviate the +jealousy which the succession of a new dynasty, bred in a +protestant church not altogether agreeing with our own, might +excite in our susceptible nation. A similar apprehension of +foreign government produced the second article, which so far +limits the royal prerogative that any minister who could be +proved to have advised or abetted a declaration of war in the +specified contingency would be criminally responsible to parliament.<a name="FNanchor_273" id="FNanchor_273" href="#Footnote_273" class="fnanchor">[273]</a> + +The third article was repealed very soon after the +<span class="pagenum"><a name="Page_163" id="Page_163">163</a></span> +accession of George I., whose frequent journeys to Hanover +were an abuse of the graciousness with which the parliament +consented to annul the restriction.<a name="FNanchor_274" id="FNanchor_274" href="#Footnote_274" class="fnanchor">[274]</a> +</p> + +<p><i>Privy council superseded by a cabinet.</i>—A very remarkable +alteration that had been silently wrought in the course of the +executive government, gave rise to the fourth of the remedial +articles in the act of settlement. According to the original +constitution of our monarchy, the king had his privy council +composed of the great officers of state, and of such others as he +should summon to it, bound by an oath of fidelity and secrecy, +by whom all affairs of weight, whether as to domestic or exterior +policy, were debated for the most part in his presence, and +determined, subordinately of course to his pleasure, by the vote +of the major part. It could not happen but that some counsellors +more eminent than the rest should form juntos or cabals, +for more close and private management, or be selected as more +confidential advisers of their sovereign; and the very name of +a cabinet council, as distinguished from the large body, may +be found as far back as the reign of Charles I. But the resolutions +of the Crown, whether as to foreign alliances or the issuing +of proclamations and orders at home, or any other overt act of +government, were not finally taken without the deliberation +and assent of that body whom the law recognised as its sworn +and notorious counsellors. This was first broken in upon after +the restoration, and especially after the fall of Clarendon, a +strenuous assertor of the rights and dignity of the privy council. +"The king," as he complains, "had in his nature so little +reverence and esteem for antiquity, and did in truth so much +contemn old orders, forms, and institutions, that the objection +of novelty rather advanced than obstructed any proposition."<a name="FNanchor_275" id="FNanchor_275" href="#Footnote_275" class="fnanchor">[275]</a> + +He wanted to be absolute on the French plan, for which both +he and his brother, as the same historian tells us, had a great +predilection, rather than obtain a power little less arbitrary, so +far at least as private rights were concerned, on the system +of his three predecessors. The delays and the decencies of a +<span class="pagenum"><a name="Page_164" id="Page_164">164</a></span> +regular council, the continual hesitation of lawyers, were not +suited to his temper, his talents, or his designs. And it must +indeed be admitted that the privy council, even as it was then +constituted, was too numerous for the practical administration +of supreme power. Thus by degrees it became usual for the +ministry or cabinet to obtain the king's final approbation of +their measures, before they were laid, for a merely formal +ratification, before the council. It was one object of Sir William +Temple's short-lived scheme in 1679 to bring back the ancient +course; the king pledging himself on the formation of his new +privy council to act in all things by its advice.</p> + +<p><i>Exclusion of placemen and pensioners from parliament.</i>—During +the reign of William, this distinction of the cabinet from +the privy council, and the exclusion of the latter from all business +of state became more fully established.<a name="FNanchor_276" id="FNanchor_276" href="#Footnote_276" class="fnanchor">[276]</a> + This however +produced a serious consequence as to the responsibility of the +advisers of the Crown; and at the very time when the controlling +and chastising power of parliament was most effectually +recognised, it was silently eluded by the concealment in which +the objects of its enquiry could wrap themselves. Thus, in the +instance of a treaty which the House of Commons might deem +mischievous and dishonourable, the chancellor setting the great +seal to it would of course be responsible; but it is not so evident +that the first lord of the treasury, or others more immediately +advising the Crown on the course of foreign policy, could be +liable to impeachment with any prospect of success, for an act +in which their participation could not be legally proved. I do +not mean that evidence may not possibly be obtained which +would affect the leaders of a cabinet, as in the instances of +Oxford and Bolingbroke; but that, the cabinet itself having +no legal existence, and its members being surely not amenable +to punishment in their simple capacity of privy counsellors, +<span class="pagenum"><a name="Page_165" id="Page_165">165</a></span> +which they generally share, in modern times, with a great +number even of their adversaries, there is no tangible character +to which responsibility is attached; nothing, except a signature +or the setting of a seal, from which a bad minister need entertain +any further apprehension than that of losing his post and reputation.<a name="FNanchor_277" id="FNanchor_277" href="#Footnote_277" class="fnanchor">[277]</a> + +It may be that no absolute corrective is practicable +for this apparent deficiency in our constitutional security; but +it is expedient to keep it well in mind, because all ministers +speak loudly of their responsibility, and are apt, upon faith of +this imaginary guarantee, to obtain a previous confidence from +parliament which they may in fact abuse with impunity. For +should the bad success or detected guilt of their measures raise +a popular cry against them, and censure or penalty be demanded +by their opponents, they will infallibly shroud their persons in +the dark recesses of the cabinet, and employ every art to shift +off the burthen of individual liability.</p> + +<p>William III., from the reservedness of his disposition as well +as from the great superiority of his capacity for affairs to any +of our former kings, was far less guided by any responsible +counsellors than the spirit of our constitution requires. In the +business of the partition treaty, which, whether rightly or otherwise, +the House of Commons reckoned highly injurious to the +public interest, he had not even consulted his cabinet; nor could +any minister, except the Earl of Portland and Lord Somers, be +proved to have had a concern in the transaction; for, though +the house impeached Lord Orford and Lord Halifax, they were +not in fact any farther parties to it than by being in the secret, +and the former had shown his usual intractability by objecting +to the whole measure. This was undoubtedly such a departure +from sound constitutional usage as left parliament no control +over the executive administration. It was endeavoured to +restore the ancient principle by this provision in the act of +settlement, that, after the accession of the house of Hanover, +<span class="pagenum"><a name="Page_166" id="Page_166">166</a></span> +all resolutions as to government should be debated in the privy +council, and signed by those present. But, whether it were +that real objections were found to stand in the way of this +article, or that ministers shrunk back from so definite a responsibility, +they procured its repeal a very few years afterwards.<a name="FNanchor_278" id="FNanchor_278" href="#Footnote_278" class="fnanchor">[278]</a> + +The plans of government are discussed and determined in a +cabinet council, forming indeed part of the larger body, but +unknown to the law by any distinct character or special appointment. +I conceive, though I have not the means of tracing the +matter clearly, that this change has prodigiously augmented +the direct authority of the secretaries of state, especially as to +the interior department, who communicate the king's pleasure +in the first instance to subordinate officers and magistrates, in +cases which, down at least to the time of Charles I., would have +been determined in council. But proclamations and orders still +emanate, as the law requires, from the privy council; and on +some rare occasions, even of late years, matters of domestic +policy have been referred to their advice. It is generally understood, +however, that no counsellor is to attend, except when +summoned;<a name="FNanchor_279" id="FNanchor_279" href="#Footnote_279" class="fnanchor">[279]</a> + so that, unnecessarily numerous as the council +has become, in order to gratify vanity by a titular honour, +these special meetings consist only of a few persons besides the +actual ministers of the cabinet, and give the latter no apprehension +of a formidable resistance. Yet there can be no reasonable +doubt that every counsellor is as much answerable for the +measures adopted by his consent, and especially when ratified +by his signature, as those who bear the name of ministers, +and who have generally determined upon them before he is +summoned.</p> + +<p>The experience of William's partiality to Bentinck and +Keppel, in the latter instance not very consistent with the good +sense and dignity of his character, led to a strong measure of +precaution against the probable influence of foreigners under +the new dynasty; the exclusion of all persons not born within +the dominions of the British Crown from every office of civil +and military trust, and from both houses of parliament. No +other country, as far as I recollect, has adopted so sweeping a +disqualification; and it must, I think, be admitted that it goes +<span class="pagenum"><a name="Page_167" id="Page_167">167</a></span> +a greater length than liberal policy can be said to warrant. +But the narrow prejudices of George I. were well restrained by +this provision from gratifying his corrupt and servile German +favourites with lucrative offices.<a name="FNanchor_280" id="FNanchor_280" href="#Footnote_280" class="fnanchor">[280]</a> +</p> + +<p>The next article is of far more importance; and would, had +it continued in force, have perpetuated that struggle between +the different parts of the legislature, especially the Crown and +House of Commons, which the new limitations of the monarchy +were intended to annihilate. The baneful system of rendering +the parliament subservient to the administration, either by +offices and pensions held at pleasure, or by more clandestine +corruption, had not ceased with the house of Stuart. William, +not long after his accession, fell into the worst part of this +management, which it was most difficult to prevent; and, according +to the practice of Charles's reign, induced by secret bribes +the leaders of parliamentary opposition to betray their cause on +particular questions. The tory patriot, Sir Christopher Musgrave, +trod in the steps of the whig patriot, Sir Thomas Lee. +A large expenditure appeared every year, under the head of +secret service money; which was pretty well known, and +sometimes proved, to be disposed of, in great part, among the +members of both houses.<a name="FNanchor_281" id="FNanchor_281" href="#Footnote_281" class="fnanchor">[281]</a> + No check was put on the number +<span class="pagenum"><a name="Page_168" id="Page_168">168</a></span> +or quality of placemen in the lower house. New offices were +continually created, and at unreasonable salaries. Those who +desired to see a regard to virtue and liberty in the parliament +of England could not be insensible to the enormous mischief of +this influence. If some apology might be offered for it in the +precarious state of the revolution government, this did not take +away the possibility of future danger, when the monarchy +should have regained its usual stability. But in seeking for a +remedy against the peculiar evil of the times, the party in opposition +to the court during this reign, whose efforts at reformation +were too frequently misdirected, either through faction or some +sinister regards towards the deposed family, went into the preposterous +extremity of banishing all servants of the Crown +from the House of Commons. Whether the bill for free and +impartial proceedings in parliament, which was rejected by a +very small majority of the House of Lords in 1693, and having +in the next session passed through both houses, met with the +king's negative, to the great disappointment and displeasure of +the Commons, was of this general nature, or excluded only +certain specified officers of the Crown, I am not able to determine; +though the prudence and expediency of William's refusal +must depend entirely upon that question.<a name="FNanchor_282" id="FNanchor_282" href="#Footnote_282" class="fnanchor">[282]</a> + But in the act of +settlement, the clause is quite without exception; and, if it +had ever taken effect, no minister could have had a seat in the +House of Commons, to bring forward, explain, or defend the +measures of the executive government. Such a separation and +want of intelligence between the Crown and parliament must +either have destroyed the one, or degraded the other. The +<span class="pagenum"><a name="Page_169" id="Page_169">169</a></span> +House of Commons would either, in jealousy and passion, have +armed the strength of the people to subvert the monarchy, or, +losing that effective control over the appointment of ministers, +which has sometimes gone near to their nomination, would have +fallen almost into the condition of those states-general of ancient +kingdoms, which have met only to be cajoled into subsidies, +and give a passive consent to the propositions of the court. It +is one of the greatest safeguards of our liberty, that eloquent +and ambitious men, such as aspire to guide the councils of the +Crown, are from habit and use so connected with the houses of +parliament, and derive from them so much of their renown and +influence, that they lie under no temptation, nor could without +insanity be prevailed upon, to diminish the authority and +privileges of that assembly. No English statesman, since the +revolution, can be liable to the very slightest suspicion of an +aim, or even a wish, to establish absolute monarchy on the ruins +of our constitution. Whatever else has been done, or designed +to be done amiss, the rights of parliament have been out of +danger. They have, whenever a man of powerful mind shall +direct the cabinet, and none else can possibly be formidable, +the strong security of his own interest, which no such man will +desire to build on the caprice and intrigue of a court. And, as +this immediate connection of the advisers of the Crown with the +House of Commons, so that they are, and ever profess themselves, +as truly the servants of one as of the other, is a pledge +for their loyalty to the entire legislature, as well as to their +sovereign (I mean, of course, as to the fundamental principles +of our constitution), so has it preserved for the Commons +their preponderating share in the executive administration, and +elevated them in the eyes of foreign nations, till the monarchy +itself has fallen comparatively into shade. The pulse of Europe +beats according to the tone of our parliament; the counsels +of our kings are there revealed, and by that kind of previous +sanction which it has been customary to obtain, become, as it +were, the resolutions of a senate; and we enjoy the individual +pride and dignity which belong to republicans, with the steadiness +and tranquillity which the supremacy of a single person has +been supposed peculiarly to bestow.</p> + +<p>But, if the chief ministers of the Crown are indispensably to +be present in one or other house of parliament, it by no means +follows that the doors should be thrown open to all those subaltern +retainers, who, too low to have had any participation in +the measures of government, come merely to earn their salaries +<span class="pagenum"><a name="Page_170" id="Page_170">170</a></span> +by a sure and silent vote. Unless some limitation could be put +on the number of such officers, they might become the majority +of every parliament, especially if its duration were indefinite or +very long. It was always the popular endeavour of the opposition, +or, as it was usually denominated, the country party, to +reduce the number of these dependants; and as constantly +the whole strength of the court was exerted to keep them up. +William, in truth, from his own errors, and from the disadvantage +of the times, would not venture to confide in an unbiassed +parliament. On the formation, however, of a new board of +revenue, in 1694, for managing the stamp-duties, its members +were incapacitated from sitting in the House of Commons.<a name="FNanchor_283" id="FNanchor_283" href="#Footnote_283" class="fnanchor">[283]</a> + +This, I believe, is the first instance of exclusion on account of +employment; and a similar act was obtained in 1699, extending +this disability to the commissioners and some other officers of +excise.<a name="FNanchor_284" id="FNanchor_284" href="#Footnote_284" class="fnanchor">[284]</a> + But when the absolute exclusion of all civil and military +officers by the act of settlement was found, on cool reflection, +too impracticable to be maintained, and a revision of that +article took place in the year 1706, the House of Commons were +still determined to preserve at least the principle of limitation, +as to the number of placemen within their walls. They gave +way indeed to the other house in a considerable degree, receding, +with some unwillingness, from a clause specifying expressly the +description of offices which should not create a disqualification, +and consenting to an entire repeal of the original article.<a name="FNanchor_285" id="FNanchor_285" href="#Footnote_285" class="fnanchor">[285]</a> + But +they established two provisions of great importance, which still +<span class="pagenum"><a name="Page_171" id="Page_171">171</a></span> +continue the great securities against an overwhelming influence: +first, that every member of the House of Commons accepting +an office under the Crown, except a higher commission in the +army, shall vacate his seat, and a new writ shall issue; secondly, +that no person holding an office created since the 25th of October +1705, shall be capable of being elected or re-elected at all. +They excluded at the same time all such as held pensions during +the pleasure of the Crown; and, to check the multiplication of +placemen, enacted, that no greater number of commissioners +should be appointed to execute any office than had been employed +in its execution at some time before that parliament.<a name="FNanchor_286" id="FNanchor_286" href="#Footnote_286" class="fnanchor">[286]</a> + +These restrictions ought to be rigorously and jealously maintained, +and to receive a construction, in doubtful cases, according +to their constitutional spirit; not as if they were of a penal +nature towards individuals, an absurdity in which the careless +and indulgent temper of modern times might sometimes +acquiesce.</p> + +<p><i>Independence of judges.</i>—It had been the practice of the +Stuarts, especially in the last years of their dynasty, to dismiss +judges, without seeking any other pretence, who showed any +disposition to thwart government in political prosecutions. The +general behaviour of the bench had covered it with infamy. +Though the real security for an honest court of justice must be +found in their responsibility to parliament and to public opinion, +it was evident that their tenure in office must, in the first place, +cease to be precarious, and their integrity rescued from the +severe trial of forfeiting the emoluments upon which they subsisted. +In the debates previous to the declaration of rights, +we find that several speakers insisted on making the judges' +commissions <i><span lang="la" xml:lang="la">quamdiu se bene gesserint</span></i>, that is, during life or +good behaviour, instead of <i><span lang="la" xml:lang="la">durante placito</span></i>, at the discretion of +the Crown. The former, indeed, is said to have been the +ancient course till the reign of James I. But this was omitted +in the hasty and imperfect bill of rights. The commissions +however of William's judges ran <i><span lang="la" xml:lang="la">quamdiu se bene gesserint</span></i>. But +the king gave an unfortunate instance of his very injudicious +tenacity of bad prerogatives, in refusing his assent, in 1692, +to a bill that had passed both houses, for establishing this +independence of the judges by law and confirming their salaries.<a name="FNanchor_287" id="FNanchor_287" href="#Footnote_287" class="fnanchor">[287]</a> + +We owe this important provision to the act of settlement; not +<span class="pagenum"><a name="Page_172" id="Page_172">172</a></span> +as ignorance and adulation have perpetually asserted, to his +late majesty George III. No judge can be dismissed from +office, except in consequence of a conviction for some offence, +or the address of both houses of parliament, which is tantamount +to an act of the legislature.<a name="FNanchor_288" id="FNanchor_288" href="#Footnote_288" class="fnanchor">[288]</a> + It is always to be kept in +mind that they are still accessible to the hope of further promotion, +to the zeal of political attachment, to the flattery of +princes and ministers; that the bias of their prejudices, as +elderly and peaceable men, will, in a plurality of cases, be on +the side of power; that they have very frequently been trained, +as advocates, to vindicate every proceeding of the Crown; from +all which we should look on them with some little vigilance, and +not come hastily to a conclusion that, because their commissions +cannot be vacated by the Crown's authority, they are wholly +out of the reach of its influence. I would by no means be misinterpreted, +as if the general conduct of our courts of justice +since the revolution, and especially in later times, which in most +respects have been the best times, were not deserving of that +credit it has usually gained; but possibly it may have been +more guided and kept straight than some are willing to acknowledge +by the spirit of observation and censure which modifies +and controls our whole government.</p> + +<p>The last clause in the act of settlement, that a pardon under +the great seal shall not be pleadable in bar of an impeachment, +requires no particular notice beyond what has been said on the +subject in a former chapter.<a name="FNanchor_289" id="FNanchor_289" href="#Footnote_289" class="fnanchor">[289]</a> +</p> + +<p><i>Oath of abjuration.</i>—In the following session a new parliament +having been assembled, in which the tory faction had less +influence than in the last, and Louis XIV. having, in the meantime, +acknowledged the son of James as King of England, the +natural resentment of this insult and breach of faith was shown +in a more decided assertion of revolution principles than had +hitherto been made. The pretended king was attainted of +high treason; a measure absurd as a law, but politic as a denunciation +of perpetual enmity.<a name="FNanchor_290" id="FNanchor_290" href="#Footnote_290" class="fnanchor">[290]</a> + It was made high treason to +<span class="pagenum"><a name="Page_173" id="Page_173">173</a></span> +correspond with him, or remit money for his service. And a +still more vigorous measure was adopted, an oath to be taken, +not only by all civil officers, but by all ecclesiastics, members of +the universities, and schoolmasters, acknowledging William as +lawful and rightful king, and denying any right or title in the +pretended Prince of Wales.<a name="FNanchor_291" id="FNanchor_291" href="#Footnote_291" class="fnanchor">[291]</a> + The tories, and especially Lord +Nottingham, had earnestly contended, in the beginning of the +king's reign, against those words on the act of recognition, which +asserted William and Mary to be rightfully and lawfully king +and queen. They opposed the association at the time of the +assassination plot, on account of the same epithets, taking a +distinction which satisfied the narrow understanding of Nottingham, +and served as a subterfuge for more cunning men, between +a king whom they were bound in all cases to obey and one whom +they could style rightful and lawful. These expressions were +in fact slightly modified on that occasion; yet fifteen peers and +ninety-two commoners declined, at least for a time, to sign it. +The present oath of abjuration therefore was a signal victory +of the whigs who boasted of the revolution over the tories who +excused it.<a name="FNanchor_292" id="FNanchor_292" href="#Footnote_292" class="fnanchor">[292]</a> + The renunciation of the hereditary right, for at +this time few of the latter party believed in the young man's +spuriousness, was complete and unequivocal. The dominant +faction might enjoy perhaps a charitable pleasure in exposing +many of their adversaries, and especially the high church clergy, +to the disgrace and remorse of perjury. Few or none however +who had taken the oath of allegiance, refused this additional +cup of bitterness, though so much less defensible, according to +the principles they had employed to vindicate their compliance +in the former instance; so true it is that, in matters of conscience, +the first scruple is the only one which it costs much to +overcome. But the imposition of this test, as was evident in +a few years, did not check the boldness, or diminish the numbers, +of the Jacobites; and I must confess, that of all sophistry that +weakens moral obligation, that is the most pardonable, which +men employ to escape from this species of tyranny. The state +may reasonably make an entire and heartfelt attachment to +<span class="pagenum"><a name="Page_174" id="Page_174">174</a></span> +its authority the condition of civil trust; but nothing more than +a promise of peaceable obedience can justly be exacted from +those who ask only to obey in peace. There was a bad spirit +abroad in the church, ambitious, factious, intolerant, calumnious; +but this was not necessarily partaken by all its members, +and many excellent men might deem themselves hardly dealt +with in requiring their denial of an abstract proposition, which +did not appear so totally false according to their notions of the +English constitution and the church's doctrine.<a name="FNanchor_293" id="FNanchor_293" href="#Footnote_293" class="fnanchor">[293]</a> + +<span class="pagenum"><a name="Page_175" id="Page_175">175</a></span></p> + +<h2>CHAPTER XVI<br /> +<span class="s08">ON THE STATE OF THE CONSTITUTION IN THE REIGNS OF +ANNE, GEORGE I., AND GEORGE II.</span></h2> + +<p>The act of settlement was the seal of our constitutional laws, +the complement of the revolution itself and the bill of rights, +the last great statute which restrains the power of the Crown, +and manifests, in any conspicuous degree, a jealousy of parliament +in behalf of its own and the subject's privileges. The +battle had been fought and gained; the statute-book, as it +becomes more voluminous, is less interesting in the history of +our constitution; the voice of petition, complaint, or remonstrance +is seldom to be traced in the Journals; the Crown in +return desists altogether, not merely from the threatening or +objurgatory tone of the Stuarts, but from that dissatisfaction +sometimes apparent in the language of William; and the vessel +seems riding in smooth water, moved by other impulses, and +liable perhaps to other dangers, than those of the ocean-wave +and the tempest. The reigns, accordingly, of Anne, George I., +and George II., afford rather materials for dissertation, than +consecutive facts for such a work as the present; and may be +sketched in a single chapter, though by no means the least +important, which the reader's study and reflection must enable +him to fill up. Changes of an essential nature were in operation +during the sixty years of these three reigns, as well as in that +beyond the limits of this undertaking, which in length measures +them all; some of them greatly enhancing the authority of the +Crown, or rather of the executive government, while others had +so opposite a tendency, that philosophical speculators have not +been uniform in determining on which side was the sway of the +balance.</p> + +<p><i>Distinctive principles of whigs and tories.</i>—No clear understanding +can be acquired of the political history of England +without distinguishing, with some accuracy of definition, the +two great parties of whig and tory. But this is not easy; +because those denominations being sometimes applied to +factions in the state, intent on their own aggrandisement, sometimes +to the principles they entertained or professed, have +<span class="pagenum"><a name="Page_176" id="Page_176">176</a></span> +become equivocal, and do by no means, at all periods and on all +occasions, present the same sense; an ambiguity which has been +increased by the lax and incorrect use of familiar language. We +may consider the words, in the first instance, as expressive of +a political theory or principle, applicable to the English government. +They were originally employed at the time of the bill +of exclusion, though the distinction of the parties they denote +is evidently at least as old as the long parliament. Both of these +parties, it is material to observe, agreed in the maintenance of +the constitution; that is, in the administration of government +by an hereditary sovereign, and in the concurrence of that +sovereign with the two houses of parliament in legislation, as +well as in those other institutions which have been reckoned +most ancient and fundamental. A favourer of unlimited +monarchy was not a tory, neither was a republican a whig. +Lord Clarendon was a tory, Hobbes was not; Bishop Hoadley +was a whig, Milton was not. But they differed mainly in this; +that to a tory the constitution, inasmuch as it was the constitution, +was an ultimate point, beyond which he never looked, +and from which he thought it altogether impossible to swerve; +whereas the whig deemed all forms of government subordinate +to the public good, and therefore liable to change when they +should cease to promote that object. Within those bounds +which he, as well as his antagonist, meant not to transgress, +and rejecting all unnecessary innovation, the whig had a natural +tendency to political improvement, the tory an aversion to it. +The one loved to descant on liberty and the rights of mankind, +the other on the mischiefs of sedition and the rights of kings. +Though both, as I have said, admitted a common principle, +the maintenance of the constitution, yet this made the privileges +of the subject, that the Crown's prerogative, his peculiar care. +Hence it seemed likely that, through passion and circumstance, +the tory might aid in establishing despotism, or the whig in +subverting monarchy. The former was generally hostile to the +liberty of the press, and to freedom of enquiry, especially in +religion; the latter their friend. The principle of the one, in +short, was melioration; of the other, conservation.</p> + +<p>But the distinctive characters of whig and tory were less +plainly seen, after the revolution and act of settlement, in +relation to the Crown, than to some other parts of our polity. +The tory was ardently, and in the first place, the supporter of +the church in as much pre-eminence and power as he could give +it. For the church's sake, when both seemed as it were on one +<span class="pagenum"><a name="Page_177" id="Page_177">177</a></span> +plank, he sacrificed his loyalty; for her he was always ready +to persecute the catholic, and if the times permitted not to +persecute, yet to restrain and discountenance, the nonconformist. +He came unwillingly into the toleration, which the +whig held up as one of the great trophies of the revolution. The +whig spurned at the haughty language of the church, and treated +the dissenters with moderation, or perhaps with favour. This +distinction subsisted long after the two parties had shifted their +ground as to civil liberty and royal power. Again; a predilection +for the territorial aristocracy, and for a government +chiefly conducted by their influence, a jealousy of new men, +of the mercantile interest, of the commonalty, never failed to +mark the genuine tory. It has been common to speak of the +whigs as an aristocratical faction. Doubtless the majority of +the peerage from the revolution downwards to the death of +George II. were of that denomination. But this is merely +an instance wherein the party and the principle are to be distinguished. +The natural bias of the aristocracy is towards the +Crown; but, except in most part of the reign of Anne, the Crown +might be reckoned with the whig party. No one who reflects +on the motives which are likely to influence the judgment of +classes in society, would hesitate to predict that an English +House of Lords would contain a larger proportion of men +inclined to the tory principle than of the opposite school; and +we do not find that experience contradicts this anticipation.</p> + +<p>It will be obvious that I have given to each of these political +principles a moral character; and have considered them as they +would subsist in upright and conscientious men, not as we may +find them "in the dregs of Romulus," suffocated by selfishness +or distorted by faction. The whigs appear to have taken a far +more comprehensive view of the nature and ends of civil society; +their principle is more virtuous, more flexible to the variations +of time and circumstance, more congenial to large and masculine +intellects. But it may probably be no small advantage that the +two parties, or rather the sentiments which have been presumed +to actuate them, should have been mingled, as we find them, in +the complex mass of the English nation, whether the proportions +may or not have been always such as we might desire. They +bear some analogy to the two forces which retain the planetary +bodies in their orbits; the annihilation of one would disperse +them into chaos, that of the other would drag them to a centre. +And, though I cannot reckon these old appellations by any +means characteristic of our political factions in the nineteenth +<span class="pagenum"><a name="Page_178" id="Page_178">178</a></span> +century, the names whig and tory are often well applied to +individuals. Nor can it be otherwise; since they are founded +not only on our laws and history, with which most have some +acquaintance, but in the diversities of condition and of moral +temperament generally subsisting among mankind.</p> + +<p>It is, however, one thing to prefer the whig principle, another +to justify, as an advocate, the party which bore that name. So +far as they were guided by that principle, I hold them far more +friendly to the great interests of the commonwealth than their +adversaries. But, in truth, the peculiar circumstances of these +four reigns after the revolution, the spirit of faction, prejudice, +and animosity, above all, the desire of obtaining or retaining +power, which, if it be ever sought as a means, is soon converted +into an end, threw both parties very often into a false position, +and gave to each the language and sentiments of the other; so +that the two principles are rather to be traced in writings, and +those not wholly of a temporary nature, than in the debates of +parliament. In the reigns of William and Anne, the whigs, +speaking of them generally as a great party, had preserved their +original character unimpaired far more than their opponents. +All that had passed in the former reign served to humble the +tories, and to enfeeble their principle. The revolution itself, and +the votes upon which it was founded, the bill of recognition in +1690, the repeal of the non-resisting test, the act of settlement, +the oath of abjuration, were solemn adjudications, as it were, +against their creed. They took away the old argument, that +the letter of the law was on their side. If this indeed were all +usurpation, the answer was ready; but those who did not care +to make it, or by their submission put it out of their power, were +compelled to sacrifice not a little of that which had entered into +the definition of a tory. Yet even this had not a greater effect +than that systematic jealousy and dislike of the administration, +which made them encroach, according to ancient notions, and +certainly their own, on the prerogative of William. They +learned in this no unpleasing lesson to popular assemblies, to +magnify their own privileges and the rights of the people. This +tone was often assumed by the friends of the exiled family, and +in them it was without any dereliction of their object. It was +natural that a jacobite should use popular topics in order to +thwart and subvert an usurping government. His faith was +to the crown, but to the crown on a right head. In a tory who +voluntarily submitted to the reigning prince, such an opposition +to the prerogative was repugnant to the maxims of his creed, +<span class="pagenum"><a name="Page_179" id="Page_179">179</a></span> +and placed him, as I have said, in a false position. This is of +course applicable to the reigns of George I. and II., and in a +greater degree in proportion as the tory and jacobite were more +separated than they had been perhaps under William.</p> + +<p>The tories gave a striking proof how far they might be brought +to abandon their theories, in supporting an address to the +queen that she would invite the Princess Sophia to take up her +residence in England; a measure so unnatural as well as imprudent +that some have ascribed it to a subtlety of politics +which I do not comprehend. But we need not, perhaps, look +farther than to the blind rage of a party just discarded, who, +out of pique towards their sovereign, made her more irreconcilably +their enemy, and while they hoped to brand their +opponents with inconsistency, forgot that the imputation would +redound with tenfold force on themselves. The whigs justly +resisted a proposal so little called for at that time; but it led +to an act for the security of the succession, designating a regency +in the event of the queen's decease, and providing that the actual +parliament, or the last, if none were in being, should meet +immediately, and continue for six months, unless dissolved by +the successor.<a name="FNanchor_294" id="FNanchor_294" href="#Footnote_294" class="fnanchor">[294]</a> +</p> + +<p>In the conduct of this party, generally speaking, we do not, +I think, find any abandonment of the cause of liberty. The +whigs appear to have been zealous for bills excluding placemen +from the house, or limiting their numbers in it; and the abolition +of the Scots privy council, an odious and despotic tribunal, was +owing in a great measure to the authority of Lord Somers.<a name="FNanchor_295" id="FNanchor_295" href="#Footnote_295" class="fnanchor">[295]</a> + +In these measures however the tories generally co-operated, +and it is certainly difficult in the history of any nation, to +separate the influence of sincere patriotism from that of +animosity and thirst of power. But one memorable event in +the reign of Anne gave an opportunity for bringing the two +<span class="pagenum"><a name="Page_180" id="Page_180">180</a></span> +theories of government into collision, to the signal advantage +of that which the Whigs professed; I mean, the impeachment +of Dr. Sacheverell. Though with a view to the interests of +their ministry, this prosecution was very unadvised, and has +been deservedly censured, it was of high importance in a constitutional +light, and is not only the most authentic exposition, +but the most authoritative ratification, of the principles upon +which the revolution is to be defended.<a name="FNanchor_296" id="FNanchor_296" href="#Footnote_296" class="fnanchor">[296]</a> +</p> + +<p>The charge against Sacheverell was, not for impugning what +was done at the revolution, which he affected to vindicate, but +for maintaining that it was not a case of resistance to the supreme +power, and consequently no exception to his tenet of an unlimited +passive obedience. The managers of the impeachment +had therefore not only to prove that there was resistance in the +revolution, which could not of course be sincerely disputed, but +to assert the lawfulness, in great emergencies, or what is called +in politics necessity, of taking arms against the law—a delicate +matter to treat of at any time, and not least so by ministers of +state and law officers of the Crown, in the very presence, as they +knew, of their sovereign.<a name="FNanchor_297" id="FNanchor_297" href="#Footnote_297" class="fnanchor">[297]</a> + We cannot praise too highly their +speeches upon this charge; some shades, rather of discretion +than discordance, may be perceptible; and we may distinguish +the warmth of Lechmere, or the openness of Stanhope, from +<span class="pagenum"><a name="Page_181" id="Page_181">181</a></span> +the caution of Walpole, who betrays more anxiety than his +colleagues to give no offence in the highest quarter; but in every +one the same fundamental principles of the whig creed, except +on which indeed the impeachment could not rest, are unambiguously +proclaimed. "Since we must give up our right +to the laws and liberties of this kingdom," says Sir Joseph Jekyll, +"or, which is all one, be precarious in the enjoyment of them, +and hold them only during pleasure, if this doctrine of unlimited +non-resistance prevails, the Commons have been content to +undertake this prosecution."<a name="FNanchor_298" id="FNanchor_298" href="#Footnote_298" class="fnanchor">[298]</a> +—"The doctrine of unlimited, +unconditional, passive obedience," says Mr. Walpole, "was first +invented to support arbitrary and despotic power, and was never +promoted or countenanced by any government that had not +designs some time or other of making use of it."<a name="FNanchor_299" id="FNanchor_299" href="#Footnote_299" class="fnanchor">[299]</a> + And thus +General Stanhope still more vigorously: "As to the doctrine +itself of absolute non-resistance, it should seem needless to +prove by arguments that it is inconsistent with the law of reason, +with the law of nature, and with the practice of all ages and +countries. Nor is it very material what the opinions of some +particular divines, or even the doctrine generally preached in +some particular reigns, may have been concerning it. It is +sufficient for us to know what the practice of the church of +England has been, when it found itself oppressed. And indeed +one may appeal to the practice of all churches, of all states, and +of all nations in the world, how they behaved themselves when +they found their civil and religious constitutions invaded and +oppressed by tyranny. I believe we may further venture to say, +that there is not at this day subsisting any nation or government +in the world, whose first original did not receive its +foundation either from resistance or compact; and as to our +purpose, it is equal if the latter be admitted. For wherever +compact is admitted, there must be admitted likewise a right +to defend the rights accruing by such compact. To argue the +municipal laws of a country in this case is idle. Those laws +were only made for the common course of things, and can never +be understood to have been designed to defeat the end of all +laws whatsoever; which would be the consequence of a nation's +tamely submitting to a violation of all their divine and human +rights."<a name="FNanchor_300" id="FNanchor_300" href="#Footnote_300" class="fnanchor">[300]</a> + Mr. Lechmere argues to the same purpose in yet +stronger terms.<a name="FNanchor_301" id="FNanchor_301" href="#Footnote_301" class="fnanchor">[301]</a> +</p> + +<p>But, if these managers for the commons were explicit in their +assertion of the whig principle, the counsel for Sacheverell by no +<span class="pagenum"><a name="Page_182" id="Page_182">182</a></span> +means unfurled the opposite banner with equal courage. In +this was chiefly manifested the success of the former. His +advocates had recourse to the petty chicane of arguing that he +had laid down a general rule of obedience without mentioning its +exceptions, that the revolution was a case of necessity, and that +they fully approved what was done therein. They set up a +distinction, which, though at that time perhaps novel, has +sometimes since been adopted by tory writers; that resistance +to the supreme power was indeed utterly illegal on any pretence +whatever, but that the supreme power in this kingdom was the +legislature, not the king; and that the revolution took effect +by the concurrence of the Lords and Commons.<a name="FNanchor_302" id="FNanchor_302" href="#Footnote_302" class="fnanchor">[302]</a> + This is of +itself a descent from the high ground of toryism, and would not +have been held by the sincere bigots of that creed. Though +specious, however, the argument is a sophism, and does not meet +the case of the revolution. For, though the supreme power +may be said to reside in the legislature, yet the prerogative +within its due limits is just as much part of the constitution, +and the question of resistance to lawful authority remains as +before. Even if this resistance had been made by the two +houses of parliament, it was but the case of the civil war, which +had been explicitly condemned by more than one statute of +Charles II. But, as Mr. Lechmere said in reply, it was undeniable +that the Lords and Commons did not join in that +resistance at the revolution as part of the legislative and supreme +power, but as part of the collective body of the nation.<a name="FNanchor_303" id="FNanchor_303" href="#Footnote_303" class="fnanchor">[303]</a> + And +Sir John Holland had before observed, "that there was a resistance +at the revolution was most plain, if taking up arms in +Yorkshire, Nottinghamshire, Cheshire, and almost all the +counties of England; if the desertion of a prince's own troops to +an invading prince, and turning their arms against their sovereign, +be resistance."<a name="FNanchor_304" id="FNanchor_304" href="#Footnote_304" class="fnanchor">[304]</a> + It might in fact have been asked +whether the Dukes of Leeds and Shrewsbury, then sitting in +<span class="pagenum"><a name="Page_183" id="Page_183">183</a></span> +judgment on Sacheverell (and who afterwards voted him not +guilty) might not have been convicted of treason, if the Prince +of Orange had failed of success?<a name="FNanchor_305" id="FNanchor_305" href="#Footnote_305" class="fnanchor">[305]</a> + The advocates indeed of the +prisoner made so many concessions as amounted to an abandonment +of all the general question. They relied chiefly on +numerous passages in the homilies, and most approved writers +of the Anglican church, asserting the duty of unbounded passive +obedience. But the managers eluded these in their reply with +decent respect.<a name="FNanchor_306" id="FNanchor_306" href="#Footnote_306" class="fnanchor">[306]</a> + The Lords voted Sacheverell guilty by a +majority of 67 to 59; several voting on each side rather according +to their present faction than their own principles. They +passed a slight sentence, interdicting him only from preaching +for three years. This was deemed a sort of triumph by his +adherents; but a severe punishment on a wretch so insignificant +would have been misplaced; and the sentence may be compared +to the nominal damages sometimes given in a suit instituted for +the trial of a great right.</p> + +<p><i>Revolution in the ministry under Anne.</i>—The shifting combinations +of party in the reign of Anne, which affected the +original distinctions of whig and tory, though generally known, +must be shortly noticed. The queen, whose understanding and +fitness for government were below mediocrity, had been attached +to the tories, and bore an antipathy to her predecessor. Her +first ministry, her first parliament, gave presage of a government +to be wholly conducted by that party. But this prejudice was +<span class="pagenum"><a name="Page_184" id="Page_184">184</a></span> +counteracted by the persuasions of that celebrated favourite, +the wife of Marlborough, who, probably from some personal +resentments, had thrown her influence into the scale of the +whigs. The well known records of their conversation and +correspondence present a strange picture of good-natured feebleness +on one side, and of ungrateful insolence on the other. But +the interior of a court will rarely endure daylight. Though +Godolphin and Marlborough, in whom the queen reposed her +entire confidence, had been thought tories, they became gradually +alienated from that party, and communicated their own +feelings to the queen. The House of Commons very reasonably +declined to make an hereditary grant to the latter out of the +revenues of the post-office in 1702, when he had performed +no extraordinary services; though they acceded to it without +hesitation after the battle of Blenheim.<a name="FNanchor_307" id="FNanchor_307" href="#Footnote_307" class="fnanchor">[307]</a> + This gave some offence +to Anne; and the chief tory leaders in the cabinet, Rochester, +Nottingham, and Buckingham, displaying a reluctance to carry +on the war with such vigour as Marlborough knew to be necessary, +were soon removed from office. Their revengeful attack +on the queen, in the address to invite the Princess Sophia, made +a return to power hopeless for several years. Anne however +entertained a desire very natural to an English sovereign, yet in +which none but a weak one will expect to succeed, of excluding +chiefs of parties from her councils. Disgusted with the +tories, she was loth to admit the whigs; and thus Godolphin's +administration, from 1704 to 1708, was rather suddenly supported, +sometimes indeed thwarted, by that party. Cowper +was made chancellor against the queen's wishes;<a name="FNanchor_308" id="FNanchor_308" href="#Footnote_308" class="fnanchor">[308]</a> + but the +junto, as it was called, of five eminent whig peers, Somers, +Halifax, Wharton, Orford, and Sunderland, were kept out +through the queen's dislike, and in some measure, no question, +through Godolphin's jealousy. They forced themselves into +the cabinet about 1708; and effected the dismissal of Harley +and St. John, who, though not of the regular tory school in +connection or principle, had already gone along with that faction +in the late reign, and were now reduced by their dismissal to +<span class="pagenum"><a name="Page_185" id="Page_185">185</a></span> +unite with it.<a name="FNanchor_309" id="FNanchor_309" href="#Footnote_309" class="fnanchor">[309]</a> + The whig ministry of Queen Anne, so often +talked of, cannot in fact be said to have existed more than two +years, from 1708 to 1710; her previous administration having +been at first tory, and afterwards of a motley complexion, +though depending for existence on the great whig interest which +it in some degree proscribed. Every one knows that this +ministry was precipitated from power through the favourite's +abuse of her ascendancy, become at length intolerable to the +most forbearing of queens and mistresses, conspiring with +another intrigue of the bedchamber, and the popular clamour +against Sacheverell's impeachment. It seems rather an humiliating +proof of the sway which the feeblest prince enjoys even in a +limited monarchy, that the fortunes of Europe should have been +changed by nothing more noble than the insolence of one +waiting-woman and the cunning of another. It is true that this +was effected by throwing the weight of the Crown into the +scale of a powerful faction; yet the house of Bourbon would +probably not have reigned beyond the Pyrenees, but for Sarah +and Abigail at Queen Anne's toilet.</p> + +<p><i>War of the succession.</i>—The object of the war, as it is +commonly called, of the Grand Alliance, commenced in 1702, +was, as expressed in an address of the House of Commons, for +preserving the liberties of Europe and reducing the exorbitant +power of France.<a name="FNanchor_310" id="FNanchor_310" href="#Footnote_310" class="fnanchor">[310]</a> + The occupation of the Spanish dominions +by the Duke of Anjou, on the authority of the late king's will, +was assigned as its justification, together with the acknowledgment +of the pretended Prince of Wales as successor to his father +James. Charles, Archduke of Austria, was recognised as King +of Spain; and as early as 1705 the restoration of that monarchy +to his house is declared in a speech from the throne to be not +only safe and advantageous, but glorious to England.<a name="FNanchor_311" id="FNanchor_311" href="#Footnote_311" class="fnanchor">[311]</a> + Louis +XIV. had perhaps at no time much hope of retaining for his +grandson the whole inheritance he claimed; and on several +occasions made overtures for negotiation, but such as indicated +his design of rather sacrificing the detached possessions of Italy +and the Netherlands than Spain itself and the Indies.<a name="FNanchor_312" id="FNanchor_312" href="#Footnote_312" class="fnanchor">[312]</a> + After +<span class="pagenum"><a name="Page_186" id="Page_186">186</a></span> +the battle of Oudenarde, however, and the loss of Lille in the +campaign of 1708, the exhausted state of France and discouragement +of his court induced him to acquiesce in the cession of the +Spanish monarchy as a basis of treaty. In the conferences of +the Hague in 1709, he struggled for a time to preserve Naples and +Sicily; but ultimately admitted the terms imposed by the allies, +with the exception of the famous thirty-seventh article of the +preliminaries, binding him to procure by force or persuasion the +resignation of the Spanish crown by his grandson within two +months. This proposition he declared to be both dishonourable +and impracticable; and, the allies refusing to give way, the +negotiation was broken off. It was renewed the next year +at Gertruydenburg; but the same obstacle still proved insurmountable.<a name="FNanchor_313" id="FNanchor_313" href="#Footnote_313" class="fnanchor">[313]</a> +</p> + +<p>It has been the prevailing opinion in modern times that the +English ministry, rather against the judgment of their allies of +Holland, insisted upon a condition not indispensable to their +security, and too ignominious for their fallen enemy to accept. +Some may perhaps incline to think that, even had Philip of +Anjou been suffered to reign in Naples, a possession rather +honourable than important, the balance of power would not +have been seriously affected, and the probability of durable +peace been increased. This, however, it was not necessary to +discuss. The main question is as to the power which the allies +possessed of securing the Spanish monarchy for the archduke, +if they had consented to waive the thirty-seventh article of the +preliminaries. If indeed they could have been considered as a +single potentate, it was doubtless possible, by means of keeping +up great armies on the frontier, and by the delivery of cautionary +towns, to have prevented the King of France from lending +assistance to his grandson. But, self-interested and disunited +as confederacies generally are, and as the grand alliance had +long since become, this appeared a very dangerous course of +policy, if Louis should be playing an underhand game against +his engagements. And this it was not then unreasonable to +suspect, even if we should believe, in despite of some plausible +authorities, that he was really sincere in abandoning so favourite +an interest. The obstinate adherence of Godolphin and Somers +to the preliminaries may possibly have been erroneous; but it +by no means deserves the reproach that has been unfairly +<span class="pagenum"><a name="Page_187" id="Page_187">187</a></span> +bestowed on it; nor can the whigs be justly charged with protracting +the war to enrich Marlborough, or to secure themselves +in power.<a name="FNanchor_314" id="FNanchor_314" href="#Footnote_314" class="fnanchor">[314]</a> +</p> + +<p><i>Treaty of peace broken off.</i>—The conferences at Gertruydenburg +were broken off in July 1710, because an absolute security +for the evacuation of Spain by Philip appeared to be wanting; +and within six months a fresh negotiation was secretly on foot, +the basis of which was his retention of that kingdom. For the +administration presided over by Godolphin had fallen meanwhile; +new counsellors, a new parliament, new principles of +government. The tories had from the beginning come very +reluctantly into the schemes of the grand alliance; though no +opposition to the war had ever been shown in parliament, it +was very soon perceived that the majority of that denomination +had their hearts bent on peace.<a name="FNanchor_315" id="FNanchor_315" href="#Footnote_315" class="fnanchor">[315]</a> + But instead of renewing the +<span class="pagenum"><a name="Page_188" id="Page_188">188</a></span> +negotiation in concert with the allies (which indeed might have +been impracticable), the new ministers fell upon the course of +a clandestine arrangement, in exclusion of all the other powers, +which led to the signature of preliminaries in September 1711, +and afterwards to the public congress of Utrecht, and the +celebrated treaty named from that town. Its chief provisions +are too well known to be repeated.</p> + +<p><i>Arguments for and against the treaty of Utrecht.</i>—The arguments +in favour of a treaty of pacification, which should abandon +the great point of contest, and leave Philip in possession of Spain +and America, were neither few nor inconsiderable. 1. The +kingdom had been impoverished by twenty years of uninterruptedly +augmented taxation; the annual burthens being triple +in amount of those paid before the revolution. Yet, amidst +these sacrifices, we had the mortification of finding a debt rapidly +increasing, whereof the mere interest far exceeded the ancient +revenues of the Crown, to be bequeathed, like an hereditary +curse, to unborn ages. Though the supplies had been raised +with less difficulty than in the late reign, and the condition of +trade was less unsatisfactory, the landed proprietors saw with +indignation the silent transfer of their wealth to new men, and +hated the glory that was bought by their own degradation. Was +it not to be feared that they might hate also the revolution, and +the protestant succession that depended on it, when they tasted +these fruits it had borne? Even the army had been recruited +by violent means unknown to our constitution, yet such as the +continual loss of men, with a population at the best stationary, +had perhaps rendered necessary.<a name="FNanchor_316" id="FNanchor_316" href="#Footnote_316" class="fnanchor">[316]</a> +</p> + +<p>2. The prospect of reducing Spain to the archduke's obedience +was grown unfavourable. It was at best an odious work, and +not very defensible on any maxims of national justice, to impose +<span class="pagenum"><a name="Page_189" id="Page_189">189</a></span> +a sovereign on a great people in despite of their own repugnance, +and what they deemed their loyal obligation. Heaven itself +might shield their righteous cause, and baffle the selfish rapacity +of human politics. But what was the state of the war at the +close of 1710? The surrender of 7000 English under Stanhope at +Brihuega had ruined the affairs of Charles, which in fact had at +no time been truly prosperous, and confined him to the single +province sincerely attached to him, Catalonia. As it was +certain that Philip had spirit enough to continue the war, even +if abandoned by his grandfather, and would have the support of +almost the entire nation, what remained but to carry on a very +doubtful contest for the subjugation of that extensive kingdom? +In Flanders, no doubt, the genius of Marlborough kept still +the ascendant; yet France had her Fabius in Villars; and the +capture of three or four small fortresses in a whole campaign did +not presage a rapid destruction of the enemy's power.</p> + +<p>3. It was acknowledged that the near connection of the +monarchs on the thrones of France and Spain could not be +desired from Europe. Yet the experience of ages had shown +how little such ties of blood determined the policy of courts; +a Bourbon on the throne of Spain could not but assert the +honour, and even imbibe the prejudices, of his subjects; and +as the two nations were in all things opposite, and must clash +in their public interests, there was little reason to fear a subserviency +in the cabinet of Madrid, which, even in that absolute +monarchy, could not be displayed against the general sentiment.</p> + +<p>4. The death of the Emperor Joseph, and election of the +Archduke Charles in his room, which took place in the spring of +1711, changed in no small degree the circumstances of Europe. +It was now a struggle to unite the Spanish and Austrian +monarchies under one head. Even if England might have little +interest to prevent this, could it be indifferent to the smaller +states of Europe that a family not less ambitious and encroaching +than that of Bourbon should be so enormously aggrandised? +France had long been to us the only source of apprehension; +but to some states, to Savoy, to Switzerland, to Venice, to the +principalities of the empire, she might justly appear a very +necessary bulwark against the aggressions of Austria. The +alliance could not be expected to continue faithful and unanimous, +after so important an alteration in the balance of power.</p> + +<p>5. The advocates of peace and adherents of the new ministry +stimulated the national passions of England by vehement reproaches +of the allies. They had thrown, it was contended, in +<span class="pagenum"><a name="Page_190" id="Page_190">190</a></span> +despite of all treaties, an unreasonable proportion of expense +upon a country not directly concerned in their quarrel, and +rendered a negligent or criminal administration their dupes or +accomplices. We were exhausting our blood and treasure to +gain kingdoms for the house of Austria which insulted, and the +best towns of Flanders for the states-general who cheated us. +The barrier treaty of Lord Townshend was so extravagant, that +one might wonder at the presumption of Holland in suggesting +its articles, much more at the folly of our government in acceding +to them. It laid the foundation of endless dissatisfaction +on the side of Austria, thus reduced to act as the vassal of a +little republic in her own territories, and to keep up fortresses +at her own expense, which others were to occupy. It might be +anticipated that, at some time, a sovereign of that house would +be found more sensible to ignominy than to danger, who would +remove this badge of humiliation by dismantling the fortifications +which were thus to be defended. Whatever exaggeration +might be in these clamours, they were sure to pass for undeniable +truths with a people jealous of foreigners, and prone to believe +itself imposed upon, from a consciousness of general ignorance +and credulity.</p> + +<p>These arguments were met by answers not less confident, +though less successful at the moment, than they had been +deemed convincing by the majority of politicians in later ages. +It was denied that the resources of the kingdom were so much +enfeebled; the supplies were still raised without difficulty; +commerce had not declined; public credit stood high under the +Godolphin ministry; and it was especially remarkable that the +change of administration, notwithstanding the prospect of peace, +was attended by a great fall in the price of stocks. France, on +the other hand, was notoriously reduced to the utmost distress; +and, though it were absurd to allege the misfortunes of our +enemy by way of consolation for our own, yet the more exhausted +of the two combatants was naturally that which ought to yield; +and it was not for the honour of our free government that we +should be outdone in magnanimous endurance for the sake of +the great interests of ourselves and our posterity by the +despotism we so boastfully scorned.<a name="FNanchor_317" id="FNanchor_317" href="#Footnote_317" class="fnanchor">[317]</a> + The King of France had +<span class="pagenum"><a name="Page_191" id="Page_191">191</a></span> +now for half a century been pursuing a system of encroachment +on the neighbouring states, which the weakness of the two +branches of the Austrian house, and the perfidiousness of the +Stuarts, not less than the valour of his troops and skill of his +generals, had long rendered successful. The tide had turned +for the first time in the present war; victories more splendid +than were recorded in modern warfare had illustrated the +English name. Were we spontaneously to relinquish these +great advantages, and two years after Louis had himself consented +to withdraw his forces from Spain, our own arms having +been in the meantime still successful on the most important +scene of the contest, to throw up the game in despair, and leave +him far more the gainer at the termination of this calamitous +war, than he had been after those triumphant campaigns which +his vaunting medals commemorate? Spain of herself could +not resist the confederates, even if united in support of Philip; +which was denied as to the provinces composing the kingdom of +Arragon, and certainly as to Catalonia; it was in Flanders that +Castile was to be conquered; it was France that we were to +overcome; and now that her iron barrier had been broken +through, when Marlborough was preparing to pour his troops +upon the defenceless plains of Picardy, could we doubt that +Louis must in good earnest abandon the cause of his grandson, +as he had already pledged himself in the conferences of +Gertruydenburg?</p> + +<p>2. It was easy to slight the influence which the ties of blood +exert over kings. Doubtless they are often torn asunder by +ambition or wounded pride. But it does not follow that they +have no efficacy; and the practice of courts in cementing +alliances by intermarriage seems to show that they are not +reckoned indifferent. It might, however, be admitted that a +king of Spain, such as she had been a hundred years before, +would probably be led by the tendency of his ambition into a +course of policy hostile to France. But that monarchy had +long been declining; great rather in name and extent of +dominion than intrinsic resources, she might perhaps rally for a +short period under an enterprising minister; but with such +inveterate abuses of government, and so little progressive +energy among the people, she must gradually sink lower in the +scale of Europe, till it might become the chief pride of her +sovereigns that they were the younger branches of the house +of Bourbon. To cherish this connection would be the policy of +the court of Versailles; there would result from it a dependent +<span class="pagenum"><a name="Page_192" id="Page_192">192</a></span> +relation, an habitual subserviency of the weaker power, a family +compact of perpetual union, always opposed to Great Britain. +In distant ages, and after fresh combinations of the European +commonwealth should have seemed almost to efface the recollection +of Louis XIV. and the war of the succession, the Bourbons +on the French throne might still claim a sort of primogenitary +right to protect the dignity of the junior branch by interference +with the affairs of Spain; and a late posterity of those who +witnessed the peace of Utrecht might be entangled by its improvident +concessions.</p> + +<p>3. That the accession of Charles to the empire rendered his +possession of the Spanish monarchy in some degree less desirable, +need not be disputed; though it would not be easy to prove that +it could endanger England, or even the smaller states, since it +was agreed on all hands that he was to be master of Milan +and Naples. But against this, perhaps imaginary, mischief the +opponents of the treaty set the risk of seeing the crowns of +France and Spain united on the head of Philip. In the years +1711 and 1712 the dauphin, the Duke of Burgundy, and the +Duke of Berry, were swept away. An infant stood alone between +the King of Spain and the French succession. The latter was +induced, with some unwillingness, to sign a renunciation of this +contingent inheritance. But it was notoriously the doctrine of +the French court that such renunciations were invalid; and the +sufferings of Europe were chiefly due to this tenet of indefeasible +royalty. It was very possible that Spain would never consent +to this union, and that a fresh league of the great powers might +be formed to prevent it; but, if we had the means of permanently +separating the two kingdoms in our hands, it was strange policy +to leave open this door for a renewal of the quarrel.</p> + +<p>But whatever judgment we may be disposed to form as to +the political necessity of leaving Spain and America in the +possession of Philip, it is impossible to justify the course of that +negotiation which ended in the peace of Utrecht. It was at +best a dangerous and inauspicious concession, demanding every +compensation that could be devised, and which the circumstances +of the war entitled us to require. France was still our formidable +enemy; the ambition of Louis was still to be dreaded, his +intrigues to be suspected. That an English minister should +have thrown himself into the arms of this enemy at the first +overture of negotiation; that he should have renounced advantages +upon which he might have insisted; that he should +have restored Lille, and almost attempted to procure the +<span class="pagenum"><a name="Page_193" id="Page_193">193</a></span> +sacrifice of Tournay; that throughout the whole correspondence +and in all personal interviews with Torcy he should have shown +the triumphant Queen of Great Britain more eager for peace +than her vanquished adversary; that the two courts should have +been virtually conspiring against those allies, without whom we +had bound ourselves to enter on no treaty; that we should have +withdrawn our troops in the midst of a campaign, and even +seized upon the towns of our confederates while we left them +exposed to be overcome by a superior force; that we should have +first deceived those confederates by the most direct falsehood +in denying our clandestine treaty, and then dictated to them its +acceptance, are facts so disgraceful to Bolingbroke, and in somewhat +a less degree to Oxford, that they can hardly be palliated +by establishing the expediency of the treaty itself.</p> + +<p><i>Intrigues of the Jacobites.</i>—For several years after the treaty of +Ryswick the intrigues of ambitious and discontented statesmen, +and of a misled faction in favour of the exiled family, grew +much colder; the old age of James and the infancy of his son +being alike incompatible with their success. The jacobites +yielded a sort of provisional allegiance to the daughter of their +king, deeming her, as it were, a regent in the heir's minority, and +willing to defer the consideration of his claim till he should be +competent to make it, or to acquiesce in her continuance upon +the throne, if she could be induced to secure his reversion.<a name="FNanchor_318" id="FNanchor_318" href="#Footnote_318" class="fnanchor">[318]</a> + +Meanwhile, under the name of tories and high-church men, they +carried on a more dangerous war by sapping the bulwarks of +the revolution settlement. The disaffected clergy poured forth +sermons and libels, to impugn the principles of the whigs or +traduce their characters. Twice a year especially, on the 30th +of January and 29th of May, they took care that every stroke +upon rebellion and usurpation should tell against the expulsion +of the Stuarts and the Hanover succession. They inveighed +against the dissenters and the toleration. They set up pretences +of loyalty towards the queen, descanting sometimes on her +hereditary right, in order to throw a slur on the settlement. +They drew a transparent veil over their designs, which might +screen them from prosecution, but could not impose, nor was +meant to impose, on the reader. Among these the most distinguished +was Leslie, author of a periodical sheet called the +<i>Rehearsal</i>, printed weekly from 1704 to 1708; and as he, though +<span class="pagenum"><a name="Page_194" id="Page_194">194</a></span> +a non-juror, and unquestionable jacobite, held only the same +language as Sacheverell, and others who affected obedience to +the government, we cannot much be deceived in assuming that +their views were entirely the same.<a name="FNanchor_319" id="FNanchor_319" href="#Footnote_319" class="fnanchor">[319]</a> +</p> + +<p>The court of St. Germains, in the first years of the queen, +preserved a secret connection with Godolphin and Marlborough, +though justly distrustful of their sincerity; nor is it by any +means clear that they made any strong professions.<a name="FNanchor_320" id="FNanchor_320" href="#Footnote_320" class="fnanchor">[320]</a> + Their +evident determination to reduce the power of France, their +approximation towards the whigs, the averseness of the duchess +to jacobite principles, taught at length that unfortunate court +how little it had to expect from such ancient friends. The +Scotch jacobites, on the other hand, were eager for the young +king's immediate restoration; and their assurances finally +produced his unsuccessful expedition to the coast in 1708.<a name="FNanchor_321" id="FNanchor_321" href="#Footnote_321" class="fnanchor">[321]</a> + +This alarmed the queen, who at least had no thoughts of giving +up any part of her dominions, and probably exasperated the +two ministers.<a name="FNanchor_322" id="FNanchor_322" href="#Footnote_322" class="fnanchor">[322]</a> + Though Godolphin's partiality to the Stuart +<span class="pagenum"><a name="Page_195" id="Page_195">195</a></span> +cause was always suspected, the proofs of his intercourse with +their emissaries are not so strong as against Marlborough; who, +so late as 1711, declared himself more positively than he seems +hitherto to have done in favour of their restoration.<a name="FNanchor_323" id="FNanchor_323" href="#Footnote_323" class="fnanchor">[323]</a> + But the +extreme selfishness and treachery of his character makes it +difficult to believe that he had any further view than to secure +himself in the event of a revolution which he judged probable. +His interest, which was always his deity, did not lie in that +direction; and his great sagacity must have perceived it.</p> + +<p><i>Just alarm for the Hanover succession.</i>—A more promising +overture had by this time been made to the young claimant +from an opposite quarter. Mr. Harley, about the end of 1710, +sent the Abbé Gaultier to Marshal Berwick (natural son of +James II. by Marlborough's sister), with authority to treat +about the restoration; Anne of course retaining the Crown for +her life, and securities being given for the national religion and +liberties. The conclusion of peace was a necessary condition. +The jacobites in the English parliament were directed in consequence +to fall in with the court, which rendered it decidedly +superior. Harley promised to send over in the next year a plan +for carrying that design into effect. But neither at that time, +nor during the remainder of the queen's life, did this dissembling +minister take any further measures, though still in strict connection +with that party at home, and with the court of St. +Germains.<a name="FNanchor_324" id="FNanchor_324" href="#Footnote_324" class="fnanchor">[324]</a> + It was necessary, he said, to proceed gently, to +make the army their own, to avoid suspicions which would be +fatal. It was manifest that the course of his administration +was wholly inconsistent with his professions; the friends of the +house of Stuart felt that he betrayed, though he did not delude +them; but it was the misfortune of this minister, or rather the +just and natural reward of crooked counsels, that those he meant +to serve could neither believe in his friendship, nor forgive his +appearances of enmity. It is doubtless not easy to pronounce +on the real intentions of men so destitute of sincerity as Harley +and Marlborough; but, in believing the former favourable to +the protestant succession, which he had so eminently contributed +to establish, we accede to the judgment of those contemporaries +who were best able to form one, and especially of the +very jacobites with whom he tampered. And this is so powerfully +confirmed by most of his public measures, his averseness +<span class="pagenum"><a name="Page_196" id="Page_196">196</a></span> +to the high tories, and their consequent hatred of him, his +irreconcilable disagreement with those of his colleagues who +looked most to St. Germains, his frequent attempts to renew a +connection with the whigs, his contempt of the jacobite creed +of government, and the little prospect he could have had of +retaining power on such a revolution, that, so far at least as +may be presumed from what has hitherto become public, +there seems no reason for counting the Earl of Oxford among +those from whom the house of Hanover had any enmity to +apprehend.<a name="FNanchor_325" id="FNanchor_325" href="#Footnote_325" class="fnanchor">[325]</a> +</p> + +<p>The pretender, meanwhile, had friends in the tory government +more sincere probably and zealous than Oxford. In the +year 1712 Lord Bolingbroke, the Duke of Buckingham, president +of the council, and the Duke of Ormond, were engaged in this +<span class="pagenum"><a name="Page_197" id="Page_197">197</a></span> +connection.<a name="FNanchor_326" id="FNanchor_326" href="#Footnote_326" class="fnanchor">[326]</a> + The last of these, being in the command of the +army, little glory as that brought him, might become an important +auxiliary. Harcourt, the chancellor, though the proofs +are not, I believe, so direct, has always been reckoned in the +<span class="pagenum"><a name="Page_198" id="Page_198">198</a></span> +same interest. Several of the leading Scots peers, with little +disguise, avowed their adherence to it; especially the Duke of +Hamilton, who, luckily perhaps for the kingdom, lost his life +in a duel, at the moment when he was setting out on an embassy +to France. The rage expressed by that faction at his death +betrays the hopes they had entertained from him. A strong +phalanx of tory members, called the October Club, though by +no means entirely jacobite, were chiefly influenced by those who +were such. In the new parliament of 1713, the queen's precarious +health excited the Stuart partisans to press forward +with more zeal. The masque was more than half drawn aside; +and, vainly urging the ministry to fulfil their promises while yet +in time, they cursed the insidious cunning of Harley and the +selfish cowardice of the queen. Upon her they had for some +years relied. Lady Masham, the bosom favourite, was entirely +theirs; and every word, every look of the sovereign, had been +anxiously observed, in the hope of some indication that she +would take the road which affection and conscience, as they +fondly argued, must dictate. But, whatever may have been the +sentiments of Anne, her secret was never divulged, nor is there, +as I apprehend, however positively the contrary is sometimes +asserted, any decisive evidence whence we may infer that she +even intended her brother's restoration.<a name="FNanchor_327" id="FNanchor_327" href="#Footnote_327" class="fnanchor">[327]</a> + The weakest of mankind +<span class="pagenum"><a name="Page_199" id="Page_199">199</a></span> +have generally an instinct of self-preservation which leads +them right, and perhaps more than stronger minds possess; and +Anne could scarcely help perceiving that her own deposition +from the throne would be the natural consequence of once +admitting the reversionary right of one whose claim was equally +good to the possession. The assertors of hereditary descent +could acquiesce in her usurpation no longer than they found it +necessary for their object; if her life should be protracted to an +ordinary duration, it was almost certain that Scotland first, and +afterwards England, would be wrested from her impotent grasp. +Yet, though I believe the queen to have been sensible of this, it +is impossible to pronounce with certainty that either through +pique against the house of Hanover, or inability to resist her +own counsellors, she might not have come into the scheme of +altering the succession.</p> + +<p>But, if neither the queen nor her lord treasurer were inclined +to take that vigorous course which one party demanded, they +at least did enough to raise just alarm in the other; and it seems +strange to deny that the protestant succession was in danger. +As Lord Oxford's ascendancy diminished, the signs of impending +revolution became less equivocal. Adherents of the house of +Stuart were placed in civil and military trust; an Irish agent +of the pretender was received in the character of envoy from the +court of Spain; the most audacious manifestations of disaffection +were overlooked.<a name="FNanchor_328" id="FNanchor_328" href="#Footnote_328" class="fnanchor">[328]</a> + Several even in parliament spoke with +<span class="pagenum"><a name="Page_200" id="Page_200">200</a></span> +contempt and aversion of the house of Hanover.<a name="FNanchor_329" id="FNanchor_329" href="#Footnote_329" class="fnanchor">[329]</a> + It was surely +not unreasonable in the whig party to meet these assaults of +the enemy with something beyond the ordinary weapons of an +opposition. They affected no apprehensions that it was absurd +to entertain. Those of the opposite faction, who wished well +to the protestant interest, and were called Hanoverian tories, +came over to their side, and joined them on motions that the +succession was in danger.<a name="FNanchor_330" id="FNanchor_330" href="#Footnote_330" class="fnanchor">[330]</a> + No one hardly, who either hoped +<span class="pagenum"><a name="Page_201" id="Page_201">201</a></span> +or dreaded the consequences, had any doubts upon this score; +and it is only a few moderns who have assumed the privilege of +setting aside the persuasion of contemporaries upon a subject +which contemporaries were best able to understand.<a name="FNanchor_331" id="FNanchor_331" href="#Footnote_331" class="fnanchor">[331]</a> + Are we +then to censure the whigs for urging on the elector of Hanover, +who, by a strange apathy or indifference, seemed negligent of +the great prize reserved for him; or is the bold step of demanding +a writ of summons for the electoral prince as Duke of Cambridge +to pass for a factious insult on the queen, because, in her +imbecility, she was leaving the Crown to be snatched at by the +first comer, even if she were not, as they suspected, in some +conspiracy to bestow it on a proscribed heir?<a name="FNanchor_332" id="FNanchor_332" href="#Footnote_332" class="fnanchor">[332]</a> + I am much +inclined to believe, that the great majority of the nation were in +favour of the protestant succession; but, if the princes of the +<span class="pagenum"><a name="Page_202" id="Page_202">202</a></span> +house of Brunswick had seemed to retire from the contest, it +might have been impracticable to resist a predominant faction +in the council and in parliament; especially if the son of James, +listening to the remonstrances of his English adherents, could +have been induced to renounce a faith which, in the eyes of too +many, was the sole pretext for his exclusion.<a name="FNanchor_333" id="FNanchor_333" href="#Footnote_333" class="fnanchor">[333]</a> +</p> + +<p><i>Accession of George I.</i>—The queen's death, which came at last +perhaps rather more quickly than was foreseen, broke for ever +the fair prospects of her family. George I., unknown and +absent, was proclaimed without a single murmur, as if the Crown +had passed in the most regular descent. But this was a momentary +calm. The jacobite party, recovering from the first consternation, +availed itself of its usual arms, and of those with +which the new king injudiciously supplied it. Many of the +tories who would have acquiesced in the act of settlement, seem +to have looked on a leading share in the administration as +belonging of right to what was called the church party, and +complained of the formation of a ministry on the whig principle. +In later times also, it has been not uncommon to censure George +I. for governing, as it is called, by a faction. Nothing can be +more unreasonable than this reproach. Was he to select those +as his advisers, who had been, as we know and as he believed, +in a conspiracy with his competitor? Was Lord Oxford, even +if the king thought him faithful, capable of uniting with any +public men, hated as he was on each side? Were not the tories +as truly a faction as their adversaries, and as intolerant during +their own power?<a name="FNanchor_334" id="FNanchor_334" href="#Footnote_334" class="fnanchor">[334]</a> + Was there not, above all, a danger that, +if some of one denomination were drawn by pique and disappointment +<span class="pagenum"><a name="Page_203" id="Page_203">203</a></span> +into the ranks of the jacobites, the whigs, on the +other hand, so ungratefully and perfidiously recompensed for +their arduous services to the house of Hanover, might think all +royalty irreconcilable with the principles of freedom, and raise +up a republican party, of which the scattered elements were +sufficiently discernible in the nation?<a name="FNanchor_335" id="FNanchor_335" href="#Footnote_335" class="fnanchor">[335]</a> + The exclusion indeed +of the whigs would have been so monstrous both in honour and +policy, that the censure has generally fallen on their alleged +monopoly of public offices. But the mischiefs of a disunited, +hybrid ministry had been sufficiently manifest in the two last +reigns; nor could George, a stranger to his people and their +constitution, have undertaken without ruin that most difficult +task of balancing parties and persons, to which the great mind +of William had proved unequal. Nor is it true that the tories, +as such, were proscribed; those who chose to serve the court +met with court favour; and in the very outset the few men of +sufficient eminence, who had testified their attachment to the +succession, received equitable rewards; but, most happily for +himself and the kingdom, most reasonably according to the +principles on which alone his throne could rest, the first prince +of the house of Brunswick gave a decisive preponderance in +his favour to Walpole and Townshend above Harcourt and +Bolingbroke.</p> + +<p><i>Great disaffection in the kingdom.</i>—The strong symptoms of +disaffection which broke out in a few months after the king's +accession, and which can be ascribed to no grievance, unless the +formation of a whig ministry was to be termed one, prove the +taint of the late times to have been deep seated and extensive.<a name="FNanchor_336" id="FNanchor_336" href="#Footnote_336" class="fnanchor">[336]</a> + +<span class="pagenum"><a name="Page_204" id="Page_204">204</a></span> +The clergy, in very many instances, were a curse rather than a +blessing to those over whom they were set; and the people, +while they trusted that from those polluted fountains they could +draw the living waters of truth, became the dupes of factious +lies and sophistry. Thus encouraged, the heir of the Stuarts +landed in Scotland; and the spirit of that people being in a +great measure jacobite, and very generally averse to the union, +he met with such success as, had their independence subsisted, +would probably have established him on the throne. But Scotland +was now doomed to wait on the fortunes of her more powerful +ally; and, on his invasion of England, the noisy partisans of +hereditary right discredited their faction by its cowardice. Few +rose in arms to support the rebellion, compared with those who +desired its success, and did not blush to see the gallant savages +of the Highlands shed their blood that a supine herd of priests +and country gentlemen might enjoy the victory. The severity +of the new government after the rebellion has been often blamed; +but I know not whether, according to the usual rules of policy, +it can be proved that the execution of two peers and thirty +other persons, taken with arms in flagrant rebellion, was an +unwarrantable excess of punishment. There seems a latent +insinuation in those who have argued on the other side, as if +the jacobite rebellion, being founded on an opinion of right, +was more excusable than an ordinary treason—a proposition +which it would not have been quite safe for the reigning dynasty +to acknowledge. Clemency however is the standing policy of +constitutional governments, as severity is of despotism; and, +if the ministers of George I. might have extended it to part of +the inferior sufferers (for surely those of higher rank were the +<span class="pagenum"><a name="Page_205" id="Page_205">205</a></span> +first to be selected) with safety to their master, they would have +done well in sparing him the odium that attends all political +punishments.<a name="FNanchor_337" id="FNanchor_337" href="#Footnote_337" class="fnanchor">[337]</a> +</p> + +<p><i>Impeachment of tory ministers.</i>—It will be admitted on all +hands, at the present day, that the charge of high treason in +the impeachments against Oxford and Bolingbroke was an +intemperate excess of resentment at their scandalous dereliction +of the public honour and interest. The danger of a sanguinary +revenge inflamed by party spirit is so tremendous that the worst +of men ought perhaps to escape rather than suffer by a retrospective, +or, what is no better, a constructive, extension of the +law. The particular charge of treason was, that in the negotiation +for peace they had endeavoured to procure the city of +Tournay for the King of France; which was maintained to be +an adhering to the queen's enemies within the statute of Edward +III.<a name="FNanchor_338" id="FNanchor_338" href="#Footnote_338" class="fnanchor">[338]</a> + But, as this construction could hardly be brought within +the spirit of that law, and the motive was certainly not treasonable +or rebellious, it would have been incomparably more constitutional +to treat so gross a breach of duty as a misdemeanour +of the highest kind. This angry temper of the Commons led +ultimately to the abandonment of the whole impeachment +against Lord Oxford; the upper house, though it had committed +Oxford to the Tower, which seemed to prejudge the question +as to the treasonable character of the imputed offence, having +two years afterwards resolved that the charge of treason should +be first determined, before they would enter on the articles of +<span class="pagenum"><a name="Page_206" id="Page_206">206</a></span> +less importance; a decision with which the Commons were so +ill satisfied that they declined to go forward with the prosecution. +The resolution of the Peers was hardly conformable to precedent, +to analogy, or to the dignity of the House of Commons, nor will +it perhaps be deemed binding on any future occasion; but the +ministers prudently suffered themselves to be beaten rather +than aggravate the fever of the people by a prosecution so full +of delicate and hazardous questions.<a name="FNanchor_339" id="FNanchor_339" href="#Footnote_339" class="fnanchor">[339]</a> +</p> + +<p>One of these questions, and by no means the least important, +would doubtless have arisen upon a mode of defence alleged by +the Earl of Oxford in the house, when the articles of impeachment +were brought up. "My lords," he said, "if ministers of +state, acting by the immediate commands of their sovereign, +are afterwards to be made accountable for their proceedings, it +may, one day or other, be the case of all the members of this +august assembly."<a name="FNanchor_340" id="FNanchor_340" href="#Footnote_340" class="fnanchor">[340]</a> + It was indeed undeniable that the queen +had been very desirous of peace, and a party, as it were, to all +the counsels that tended to it. Though it was made a charge +against the impeached lords, that the instructions to sign the +secret preliminaries of 1711 with M. Mesnager, on the part of +France, were not under the great seal, nor countersigned by any +minister, they were certainly under the queen's signet, and had +all the authority of her personal command. This must have +brought on the yet unsettled and very delicate question of +ministerial responsibility in matters where the sovereign has +interposed his own command; a question better reserved, it +might then appear, for the loose generalities of debate than to +be determined with the precision of criminal law. Each party, +in fact, had in its turn made use of the queen's personal authority +as a shield; the whigs availed themselves of it to parry the +attack made on their ministry, after its fall, for an alleged mismanagement +of the war in Spain before the battle of Almanza;<a name="FNanchor_341" id="FNanchor_341" href="#Footnote_341" class="fnanchor">[341]</a> + +<span class="pagenum"><a name="Page_207" id="Page_207">207</a></span> +and the modern constitutional theory was by no means so +established in public opinion as to bear the rude brunt of a +legal argument. Anne herself, like all her predecessors, kept +in her own hands the reins of power; jealous, as such feeble +characters usually are, of those in whom she was forced to +confide (especially after the ungrateful return of the Duchess +of Marlborough for the most affectionate condescension), and +obstinate in her judgment, from the very consciousness of its +weakness, she took a share in all business, frequently presided +in meetings of the cabinet, and sometimes gave directions without +their advice.<a name="FNanchor_342" id="FNanchor_342" href="#Footnote_342" class="fnanchor">[342]</a> + The defence set up by Lord Oxford would +undoubtedly not be tolerated at present, if alleged in direct +terms, by either house of parliament; however it may sometimes +be deemed a sufficient apology for a minister, by those +whose bias is towards a compliance with power, to insinuate +that he must either obey against his conscience, or resign against +his will.</p> + +<p><i>Bill for septennial parliaments.</i>—Upon this prevalent disaffection, +and the general dangers of the established government, +was founded that measure so frequently arraigned in later times, +the substitution of septennial for triennial parliaments. The +ministry deemed it too perilous for their master, certainly for +themselves, to encounter a general election in 1717; but the +arguments adduced for the alteration, as it was meant to +be permanent, were drawn from its permanent expediency. +Nothing can be more extravagant than what is sometimes confidently +pretended by the ignorant, that the legislature exceeded +<span class="pagenum"><a name="Page_208" id="Page_208">208</a></span> +its rights by this enactment; or, if that cannot legally be advanced, +that it at least violated the trust of the people, and +broke in upon the ancient constitution. The law for triennial +parliaments was of little more than twenty years' continuance. +It was an experiment which, as was argued, had proved unsuccessful; +it was subject, like every other law, to be repealed +entirely, or to be modified at discretion. As a question of constitutional +expediency, the septennial bill was doubtless open +at the time to one serious objection. Every one admitted that +a parliament subsisting indefinitely during a king's life, but +exposed at all times to be dissolved at his pleasure, would +become far too little independent of the people, and far too +much so upon the Crown. But, if the period of its continuance +should thus be extended from three to seven years, the natural +course of encroachment, or some momentous circumstances like +the present, might lead to fresh prolongations, and gradually +to an entire repeal of what had been thought so important a +safeguard of its purity. Time has happily put an end to +apprehensions which are not on that account to be reckoned +unreasonable.<a name="FNanchor_343" id="FNanchor_343" href="#Footnote_343" class="fnanchor">[343]</a> +</p> + +<p>Many attempts have been made to obtain a return to triennial +parliaments; the most considerable of which was in 1733, when +the powerful talents of Walpole and his opponents were arrayed +on this great question. It has been less debated in modern +times than some others connected with parliamentary reformation. +So long indeed as the sacred duties of choosing the representatives +of a free nation shall be perpetually disgraced by +tumultuary excess, or, what is far worse, by gross corruption +and ruinous profusion (evils which no effectual pains are taken +to redress, and which some apparently desire to perpetuate, +were it only to throw discredit upon the popular part of the +constitution), it would be evidently inexpedient to curtail the +present duration of parliament. But even, independently of +this not insuperable objection, it may well be doubted whether +triennial elections would make much perceptible difference in +the course of government, and whether that difference would +on the whole be beneficial. It will be found, I believe, on a +retrospect of the last hundred years, that the House of Commons +would have acted, in the main, on the same principles, had the +<span class="pagenum"><a name="Page_209" id="Page_209">209</a></span> +elections been more frequent; and certainly the effects of a +dissolution, when it has occurred in the regular order, have +seldom been very important. It is also to be considered whether +an assembly which so much takes to itself the character of a +deliberative council on all matters of policy, ought to follow +with the precision of a weather-glass the unstable prejudices of +the multitude. There are many who look too exclusively at +the functions of parliament, as the protector of civil liberty +against the Crown; functions, it is true, most important, yet +not more indispensable than those of steering a firm course in +domestic and external affairs, with a circumspectness and providence +for the future, which no wholly democratical government +has ever yet displayed. It is by a middle position between an +oligarchical senate, and a popular assembly, that the House of +Commons is best preserved both in its dignity and usefulness, +subject indeed to swerve towards either character by that +continual variation of forces which act upon the vast machine +of our commonwealth. But what seems more important than +the usual term of duration, is that this should be permitted to +take its course, except in cases where some great change of +national policy may perhaps justify its abridgment. The +Crown would obtain a very serious advantage over the House +of Commons, if it should become an ordinary thing to dissolve +parliament for some petty ministerial interest, or to avert some +unpalatable resolution. Custom appears to have established, +and with some convenience, the substitution of six for seven +years as the natural life of a House of Commons; but an habitual +irregularity in this respect might lead in time to consequences +that most men would deprecate. And it may here be permitted +to express a hope that the necessary dissolution of parliament +within six months of a demise of the Crown will not long be +thought congenial to the spirit of our modern government.</p> + +<p><i>Peerage bill.</i>—A far more unanimous sentence has been pronounced +by posterity upon another great constitutional question, +that arose under George I. Lord Sunderland persuaded +the king to renounce his important prerogative of making peers; +and a bill was supported by the ministry, limiting the House +of Lords, after the creation of a very few more, to its actual +numbers. The Scots were to have twenty-five hereditary, +instead of sixteen elective, members of the house; a provision +neither easily reconciled to the union, nor required by the general +tenor of the bill. This measure was carried with no difficulty +through the upper house, whose interests were so manifestly +<span class="pagenum"><a name="Page_210" id="Page_210">210</a></span> +concerned in it. But a similar motive, concurring with the +efforts of a powerful malcontent party, caused its rejection by +the Commons.<a name="FNanchor_344" id="FNanchor_344" href="#Footnote_344" class="fnanchor">[344]</a> + It was justly thought a proof of the king's +ignorance or indifference in everything that concerned his +English Crown, that he should have consented to so momentous +a sacrifice; and Sunderland was reproached for so audacious +an endeavour to strengthen his private faction at the expense +of the fundamental laws of the monarchy. Those who maintained +the expediency of limiting the peerage, had recourse to +uncertain theories as to the ancient constitution, and denied +this prerogative to have been originally vested in the Crown. +A more plausible argument was derived from the abuse, as it +was then generally accounted, of creating at once twelve peers +in the late reign, for the sole end of establishing a majority for +the court; a resource which would be always at the command +of successive factions, till the British nobility might become as +numerous and venal as that of some European states. It was +argued that there was a fallacy in concluding the collective +power of the House of Lords to be augmented by its limitation, +because every single peer would evidently become of more weight +in the kingdom; that the wealth of the whole body must bear +a less proportion to that of the nation, and would possibly not +exceed that of the lower house, while on the other hand it might +be indefinitely multiplied by fresh creations; that the Crown +would lose one great engine of corrupt influence over the +Commons, which could never be truly independent, while its +principal members were looking on it as a stepping-stone to +hereditary honours.<a name="FNanchor_345" id="FNanchor_345" href="#Footnote_345" class="fnanchor">[345]</a> +</p> + +<p>Though these reasonings however are not destitute of considerable +weight, and the unlimited prerogative of augmenting +the peerage is liable to such abuses, at least in theory, as might +overthrow our form of government; while, in the opinion of +some, whether erroneous or not, it has actually been exerted +with too little discretion, the arguments against any legal +limitation seem more decisive. The Crown has been carefully +restrained by statutes, and by the responsibility of its advisers; +the Commons, if they transgress their boundaries, are annihilated +by a proclamation; but against the ambition, or, what is +much more likely, the perverse haughtiness of the aristocracy, +the constitution has not furnished such direct securities. And, +<span class="pagenum"><a name="Page_211" id="Page_211">211</a></span> +as this would be prodigiously enhanced by a consciousness of +their power, and by a sense of self-importance which every peer +would derive from it after the limitation of their numbers, it +might break out in pretensions very galling to the people, and +in an oppressive extension of privileges which were already +sufficiently obnoxious and arbitrary. It is true that the resource +of subduing an aristocratical faction by the creation of new peers +could never be constitutionally employed, except in the case of +a nearly equal balance; but it might usefully hang over the +heads of the whole body, and deter them from any gross excesses +of faction or oligarchical spirit. The nature of our government +requires a general harmony between the two houses of parliament; +and indeed any systematic opposition between them +would of necessity bring on the subordination of one to the other +in too marked a manner; nor had there been wanting within +the memory of man, several instances of such jealous and even +hostile sentiments as could only be allayed by the inconvenient +remedies of a prorogation or a dissolution. These animosities +were likely to revive with more bitterness, when the country +gentlemen and leaders of the commons should come to look on +the nobility as a class into which they could not enter, and the +latter should forget more and more, in their inaccessible dignity, +the near approach of that gentry to themselves in respectability +of birth and extent of possessions.<a name="FNanchor_346" id="FNanchor_346" href="#Footnote_346" class="fnanchor">[346]</a> +</p> + +<p>These innovations on the part of the new government were +maintained on the score of its unsettled state, and want of hold +on the national sentiment. It may seem a reproach to the +house of Hanover that, connected as it ought to have been with +the names most dear to English hearts, the protestant religion +and civil liberty, it should have been driven to try the resources +of tyranny, and to demand more authority, to exercise more +control, than had been necessary for the worst of their predecessors. +Much of this disaffection was owing to the cold reserve +of George I., ignorant of the language, alien from the prejudices +of his people, and continually absent in his electoral dominions, +to which he seemed to sacrifice the nation's interest and the +<span class="pagenum"><a name="Page_212" id="Page_212">212</a></span> +security of his own crown. It is certain that the acquisition +of the duchies of Bremen and Verden for Hanover in 1716 +exposed Great Britain to a very serious danger, by provoking +the King of Sweden to join in a league for the restoration of the +Pretender.<a name="FNanchor_347" id="FNanchor_347" href="#Footnote_347" class="fnanchor">[347]</a> + It might have been impossible (such was the precariousness +of our revolution settlement) to have made the abdication +of the electorate a condition of the house of Brunswick's +succession; but the consequences of that connection, though +much exaggerated by the factious and disaffected, were in various +manners detrimental to English interests during these two reigns; +and not the least in that they estranged the affections of the +people from sovereigns whom they regarded as still foreign.</p> + +<p><i>Jacobitism among the clergy.</i>—The tory and jacobite factions, +as I have observed, were powerful in the church. This had been +the case ever since the revolution. The avowed non-jurors were +busy with the press; and poured forth, especially during the +encouragement they received in part of Anne's reign, a multitude +of pamphlets, sometimes argumentative, more often +virulently libellous. Their idle cry that the church was in +danger, which both houses in 1704 thought fit to deny by a +formal vote, alarmed a senseless multitude. Those who took the +oaths were frequently known partisans of the exiled family; +and those who affected to disclaim that cause, defended the new +settlement with such timid or faithless arms as served only to +give a triumph to the adversary. About the end of William's +reign grew up the distinction of high and low churchmen; the +first distinguished by great pretensions to sacerdotal power, +both spiritual and temporal, by a repugnance to toleration, and +by a firm adherence to the tory principle in the state; the latter +by the opposite characteristics. These were pitched against +each other in the two houses of convocation, an assembly which +virtually ceased to exist under George I. +<span class="pagenum"><a name="Page_213" id="Page_213">213</a></span></p> + +<p><i>Convocation.</i>—The convocation of the province of Canterbury +(for that of York seems never to have been important) is summoned +by the archbishop's writ, under the king's direction, along +with every parliament, to which it bears analogy both in its +constituent parts and in its primary functions. It consists +(since the reformation) of the suffragan bishops, forming the +upper house; of the deans, archdeacons, a proctor or proxy for +each chapter, and two from each diocese, elected by the parochial +clergy, who together constitute the lower house. In this +assembly subsidies were granted, and ecclesiastical canons +enacted. In a few instances under Henry VIII. and Elizabeth, +they were consulted as to momentous questions affecting the +national religion; the supremacy of the former was approved +in 1533, the articles of faith were confirmed in 1562, by the +convocation. But their power to enact fresh canons without +the king's licence, was expressly taken away by a statute of +Henry VIII.; and, even subject to this condition, is limited by +several later acts of parliament (such as the acts of uniformity +under Elizabeth and Charles II., that confirming, and therefore +rendering unalterable, the thirty-nine articles, those relating to +non-residence and other church matters), and still more perhaps +by the doctrine gradually established in Westminster Hall, +that new ecclesiastical canons are not binding on the laity, so +greatly that it will ever be impossible to exercise it in any effectual +manner. The convocation accordingly, with the exception of +1603, when they established some regulations, and of 1640 (an +unfortunate precedent), when they attempted some more, had +little business but to grant subsidies, which, however, were from +the time of Henry VIII. always confirmed by an act of parliament; +an intimation, no doubt, that the legislature did not +wholly acquiesce in their power even of binding the clergy in a +matter of property. This practice of ecclesiastical taxation was +silently discontinued in 1664; at a time when the authority and +pre-eminence of the church stood very high, so that it could not +then have seemed the abandonment of an important privilege. +From this time the clergy have been taxed at the same rate and +in the same manner with the laity.<a name="FNanchor_348" id="FNanchor_348" href="#Footnote_348" class="fnanchor">[348]</a> + +<span class="pagenum"><a name="Page_214" id="Page_214">214</a></span></p> + +<p>It was the natural consequence of this cessation of all business, +that the convocation, after a few formalities, either adjourned +itself or was prorogued by a royal writ; nor had it ever, with the +few exceptions above noticed, sat for more than a few days, +till its supply could be voted. But, about the time of the +revolution, the party most adverse to the new order sedulously +propagated a doctrine that the convocation ought to be advised +with upon all questions affecting the church, and ought even to +watch over its interests as the parliament did over those of the +kingdom.<a name="FNanchor_349" id="FNanchor_349" href="#Footnote_349" class="fnanchor">[349]</a> + The Commons had so far encouraged this faction +as to refer to the convocation the great question of a reform in +the liturgy for the sake of comprehension, as has been mentioned +in the last chapter; and thus put a stop to the king's design. +It was not suffered to sit much during the rest of that reign, to +the great discontent of its ambitious leaders. The most celebrated +of these, Atterbury, published a book, entitled <i>The +Rights and Privileges of an English Convocation</i>, in answer to +one by Wake, afterwards Archbishop of Canterbury. The +speciousness of the former, sprinkled with competent learning +on the subject, a graceful style, and an artful employment of +topics, might easily delude, at least, the willing reader. Nothing +indeed could, on reflection, appear more inconclusive than Atterbury's +arguments. Were we even to admit the perfect analogy +of a convocation to a parliament, it could not be doubted that +the king may, legally speaking, prorogue the latter at his +pleasure; and that, if neither money were required to be granted +<span class="pagenum"><a name="Page_215" id="Page_215">215</a></span> +nor laws to be enacted, a session would be very short. The +church had by prescription a right to be summoned in convocation; +but no prescription could be set up for its longer continuance +than the Crown thought expedient; and it was too +much to expect that William III. was to gratify his half-avowed +enemies, with a privilege of remonstrance and interposition +they had never enjoyed. In the year 1701 the lower house of +convocation pretended to a right of adjourning to a different +day from that fixed by the upper, and consequently of holding +separate sessions. They set up other unprecedented claims to +independence, which were checked by a prorogation.<a name="FNanchor_350" id="FNanchor_350" href="#Footnote_350" class="fnanchor">[350]</a> + Their +aim was in all respects to assimilate themselves to the House of +Commons, and thus both to set up the convocation itself as an +assembly collateral to parliament, and in the main independent +of it, and to maintain their co-ordinate power and equality in +synodical dignity to the prelates' house. The succeeding reign, +however, began under tory auspices; and the convocation was +in more activity for some years than at any former period. The +lower house of that assembly still distinguished itself by the +most factious spirit, and especially by insolence towards the +bishops, who passed in general for whigs, and whom, while +pretending to assert the divine rights of episcopacy, they laboured +to deprive of that pre-eminence in the Anglican synod which +the ecclesiastical constitution of the kingdom had bestowed on +them.<a name="FNanchor_351" id="FNanchor_351" href="#Footnote_351" class="fnanchor">[351]</a> + None was more prominent in their debates than Atterbury +himself, whom, in the zenith of tory influence, at the close of +her reign, the queen reluctantly promoted to the see of Rochester.</p> + +<p>The new government at first permitted the convocation to +hold its sittings. But they soon excited a flame which consumed +themselves by an attack on Hoadley, Bishop of Bangor, who had +preached a sermon abounding with those principles concerning +religious liberty, of which he had long been the courageous and +powerful assertor.<a name="FNanchor_352" id="FNanchor_352" href="#Footnote_352" class="fnanchor">[352]</a> + The lower house of convocation thought +fit to denounce, through the report of a committee, the dangerous +<span class="pagenum"><a name="Page_216" id="Page_216">216</a></span> +tenets of this discourse, and of a work not long before published +by the bishop. A long and celebrated war of pens instantly +commenced, known by the name of the Bangorian controversy; +managed, perhaps on both sides, with all the chicanery of +polemical writers, and disgusting both from its tediousness, and +from the manifest unwillingness of the disputants to speak +ingenuously what they meant.<a name="FNanchor_353" id="FNanchor_353" href="#Footnote_353" class="fnanchor">[353]</a> + But, as the principles of +Hoadley and his advocates appeared, in the main, little else +than those of protestantism and toleration, the sentence of the +laity, in the temper that was then gaining ground as to ecclesiastical +subjects, was soon pronounced in their favour; and the +high-church party discredited themselves by an opposition to +what now pass for the incontrovertible truisms of religious +liberty. In the ferment of that age, it was expedient for the +state to scatter a little dust over the angry insects; the convocation +was accordingly prorogued in 1717, and has never +again sat for any business.<a name="FNanchor_354" id="FNanchor_354" href="#Footnote_354" class="fnanchor">[354]</a> + Those who are imbued with high +notions of sacerdotal power have sometimes deplored this extinction +of the Anglican great council; and though its necessity, +as I have already observed, cannot possibly be defended as an +ancient part of the constitution, there are not wanting specious +arguments for the expediency of such a synod. It might be +urged that the church, considered only as an integral member +of the commonwealth, and the greatest corporation within it, +<span class="pagenum"><a name="Page_217" id="Page_217">217</a></span> +might justly claim that right of managing its own affairs which +belongs to every other association; that the argument from +abuse is not sufficient, and is rejected with indignation when +applied, as historically it might be, to representative governments +and to civil liberty; that in the present state of things, +no reformation even of secondary importance can be effected +without difficulty, nor any looked for in greater matters, both +from the indifference of the legislature, and the reluctance of the +clergy to admit its interposition.</p> + +<p>It is answered to these suggestions, that we must take experience +when we possess it, rather than analogy, for our guide; +that ecclesiastical assemblies have in all ages and countries been +mischievous, where they have been powerful, which that of our +wealthy and numerous clergy must always be; that, notwithstanding, +if the convocation could be brought under the management +of the state (which by the nature of its component parts +might seem not unlikely), it must lead to the promotion of +servile men, and the exclusion of merit still more than at present; +that the severe remark of Clarendon, who observes that of all +mankind none form so bad an estimate of human affairs as +churchmen, is abundantly confirmed by experience; that the +representation of the church in the House of Lords is sufficient +for the protection of its interests; that the clergy have an +influence which no other corporation enjoys over the bulk of +the nation, and are apt to abuse it for the purposes of undue +ascendancy, unjust restraint, or factious ambition; that the +hope of any real good in reformation of the Church by its own +assemblies to whatever sort of reform we may look, is utterly +chimerical; finally, that as the laws now stand, which few would +incline to alter, the ratification of parliament must be indispensable +for any material change. It seems to admit of no +doubt that these reasonings ought much to outweigh those on +the opposite side.</p> + +<p><i>Infringements of the toleration by statutes under Anne.</i>—In the +last four years of the queen's reign, some inroads had been made +on the toleration granted to dissenters, whom the high-church +party held in abhorrence. They had for a long time inveighed +against what was called occasional conformity, or the compliance +of dissenters with the provisions of the test act in order merely +to qualify themselves for holding office, or entering into corporations. +Nothing could, in the eyes of sensible men, be more +advantageous to the church, if a re-union of those who had +separated from it were advantageous, than this practice. +<span class="pagenum"><a name="Page_218" id="Page_218">218</a></span> +Admitting even that the motive was self-interested, has an +established government, in church or state, any better ally +than the self-interestedness of mankind? Was it not what a +presbyterian or independent minister would denounce as a base +and worldly sacrifice? and if so, was not the interest of the +Anglican clergy exactly in an inverse proportion to this? Any +one competent to judge of human affairs would predict, what +has turned out to be the case, that when the barrier was once +taken down for the sake of convenience, it would not be raised +again for conscience; that the most latitudinarian theory, the +most lukewarm dispositions in religion, must be prodigiously +favourable to the reigning sect; and that the dissenting clergy, +though they might retain, or even extend, their influence over +the multitude, would gradually lose it with those classes who +could be affected by the test. But, even if the tory faction had +been cool-headed enough for such reflections, it has, unfortunately, +been sometimes less the aim of the clergy to reconcile +those who differ from them than to keep them in a state of dishonour +and depression. Hence, in the first parliament of Anne, +a bill to prevent occasional conformity more than once passed +the Commons; and, on its being rejected by the Lords, a great +majority of William's bishops voting against the measure, it +was sent up again in a very reprehensible manner, tacked, as it +was called, to a grant of money; so that, according to the pretension +of the Commons in respect to such bills, the upper house +must either refuse the supply, or consent to what they disapproved.<a name="FNanchor_355" id="FNanchor_355" href="#Footnote_355" class="fnanchor">[355]</a> + +This however having miscarried, and the next parliament +being of better principles, nothing farther was done till +1711, when Lord Nottingham, a vehement high-churchman, +having united with the whigs against the treaty of peace, they +were injudicious enough to gratify him by concurring in a bill +to prevent occasional conformity.<a name="FNanchor_356" id="FNanchor_356" href="#Footnote_356" class="fnanchor">[356]</a> + This was followed up by +the ministry in a more decisive attack on the toleration, an act +for preventing the growth of schism, which extended and confirmed +one of Charles II., enforcing on all schoolmasters, and +even on all teachers in private families, a declaration of conformity +to the established church, to be made before the bishop, +from whom a licence for exercising that profession was also to +be obtained.<a name="FNanchor_357" id="FNanchor_357" href="#Footnote_357" class="fnanchor">[357]</a> + It is impossible to doubt for an instant, that if +<span class="pagenum"><a name="Page_219" id="Page_219">219</a></span> +the queen's life had preserved the tory government for a few +years, every vestige of the toleration would have been effaced.</p> + +<p>These statutes, records of their adversaries' power, the whigs, +now lords of the ascendant, determined to abrogate. The +dissenters were unanimously zealous for the house of Hanover +and for the ministry; the church of very doubtful loyalty to +the Crown, and still less affection to the whig name. In the +session of 1719, accordingly, the act against occasional conformity, +and that restraining education, were repealed.<a name="FNanchor_358" id="FNanchor_358" href="#Footnote_358" class="fnanchor">[358]</a> + It +had been the intention to have also repealed the test act; but +the disunion then prevailing among the whigs had caused so +formidable an opposition even to the former measures, that it +was found necessary to abandon that project. Walpole, more +cautious and moderate than the ministry of 1719, perceived +the advantage of reconciling the church as far as possible to +the royal family and to his own government; and it seems to +have been an article in the tacit compromise with the bishops, +who were not backward in exerting their influence for the +Crown, that he should make no attempt to abrogate the laws +which gave a monopoly of power to the Anglican communion. +We may presume also that the prelates undertook not to obstruct +the acts of indemnity passed from time to time in favour +of those who had not duly qualified themselves for the offices +they held; and which, after some time becoming regular, have +in effect thrown open the gates to protestant dissenters, though +still subject to be closed by either house of parliament, if any +jealousies should induce them to refuse their assent to this +annual enactment.<a name="FNanchor_359" id="FNanchor_359" href="#Footnote_359" class="fnanchor">[359]</a> +</p> + +<p><i>Principles of toleration fully established.</i>—Meanwhile the principles +of religious liberty, in all senses of the word, gained +<span class="pagenum"><a name="Page_220" id="Page_220">220</a></span> +strength by this eager controversy, naturally pleasing as they +are to the proud independence of the English character, and +congenial to those of civil freedom, which both parties, tory as +much as whig, had now learned sedulously to maintain. The +non-juring and high-church factions among the clergy produced +few eminent men; and lost credit, not more by the folly of their +notions than by their general want of scholarship and disregard +of their duties. The university of Oxford was tainted to the +core with jacobite prejudices; but it must be added that it +never stood so low in respectability as a place of education.<a name="FNanchor_360" id="FNanchor_360" href="#Footnote_360" class="fnanchor">[360]</a> + +The government, on the other hand, was studious to promote +distinguished men; and doubtless the hierarchy in the first +sixty years of the eighteenth century might very advantageously +be compared, in point of conspicuous ability, with that of any +equal period that ensued. The maxims of persecution were +silently abandoned, as well as its practice; Warburton, and +others of less name, taught those of toleration with as much +boldness as Hoadley, but without some of his more invidious +tenets; the more popular writers took a liberal tone; the names +of Locke and Montesquieu acquired immense authority; the +courts of justice discountenanced any endeavour to revive +oppressive statutes; and, not long after the end of George the +Second's reign, it was adjudged in the House of Lords, upon the +broadest principles of toleration laid down by Lord Mansfield, +<span class="pagenum"><a name="Page_221" id="Page_221">221</a></span> +that nonconformity with the established church is recognised +by the law, and not an offence at which it connives.</p> + +<p><i>Banishment of Atterbury.</i>—Atterbury, Bishop of Rochester, +the most distinguished of the party denominated high-church, +became the victim of his restless character and implacable disaffection +to the house of Hanover. The pretended king, for +some years after his competitor's accession, had fair hopes from +different powers of Europe—France, Sweden, Russia, Spain, +Austria—(each of whom, in its turn, was ready to make use of +this instrument), and from the powerful faction who panted +for his restoration. This was unquestionably very numerous; +though we have not as yet the means of fixing with certainty +on more than comparatively a small number of names. But a +conspiracy for an invasion from Spain and a simultaneous rising +was detected in 1722, which implicated three or four peers, and +among them the Bishop of Rochester.<a name="FNanchor_361" id="FNanchor_361" href="#Footnote_361" class="fnanchor">[361]</a> + The evidence, however, +though tolerably convincing, being insufficient for a verdict at +law, it was thought expedient to pass a bill of pains and penalties +against this prelate, as well as others against two of his accomplices. +The proof, besides many corroborating circumstances, +consisted in three letters relative to the conspiracy, supposed +to be written by his secretary Kelly, and appearing to be +dictated by the bishop. He was deprived of his see, and +banished the kingdom for life.<a name="FNanchor_362" id="FNanchor_362" href="#Footnote_362" class="fnanchor">[362]</a> + This met with strong opposition, +<span class="pagenum"><a name="Page_222" id="Page_222">222</a></span> +not limited to the enemies of the royal family, and is open +to the same objection as the attainder of Sir John Fenwick; +the danger of setting aside those precious securities against a +wicked government which the law of treason has furnished. As +a vigorous assertion of the state's authority over the church we +may commend the policy of Atterbury's deprivation; but perhaps +this was ill purchased by a mischievous precedent. It is +however the last act of a violent nature in any important matter, +which can be charged against the English legislature.</p> + +<p><i>Decline of the Jacobites.</i>—No extensive conspiracy of the +jacobite faction seems ever to have been in agitation after the +fall of Atterbury. The Pretender had his emissaries perpetually +alert; and it is understood that an enormous mass of letters +from his English friends is in existence;<a name="FNanchor_363" id="FNanchor_363" href="#Footnote_363" class="fnanchor">[363]</a> + but very few had the +courage, or rather folly, to plunge into so desperate a course as +rebellion. Walpole's prudent and vigilant administration, without +transgressing the boundaries of that free constitution for +which alone the house of Brunswick had been preferred, kept +in check the disaffected. He wisely sought the friendship of +Cardinal Fleury, aware that no other power in Europe than +France could effectually assist the banished family. After his +own fall and the death of Fleury, new combinations of foreign +policy arose; his successors returned to the Austrian connection; +a war with France broke out; the grandson of James II. became +master, for a moment, of Scotland, and even advanced to the +centre of this peaceful and unprotected kingdom. But this was +hardly more ignominious to the government than to the jacobites +themselves; none of them joined the standard of their pretended +sovereign; and the rebellion of 1745 was conclusive, by its own +temporary success, against the possibility of his restoration.<a name="FNanchor_364" id="FNanchor_364" href="#Footnote_364" class="fnanchor">[364]</a> + +<span class="pagenum"><a name="Page_223" id="Page_223">223</a></span> +From this time the government, even when in search of pretexts +for alarm, could hardly affect to dread a name grown so contemptible +as that of the Stuart party. It survived however for +the rest of the reign of George II. in those magnanimous compotations, +which had always been the best evidence of its +courage and fidelity.</p> + +<p><i>Prejudices against the reigning family.</i>—Though the jacobite +party had set before its eyes an object most dangerous to the +public tranquillity, and which, could it have been attained, +would have brought on again the contention of the seventeenth +century; though, in taking oaths to a government against +which they were in conspiracy, they showed a systematic disregard +of obligation, and were as little mindful of allegiance, in +the years 1715 and 1745, to the prince they owned in their +hearts, as they had been to him whom they had professed to +acknowledge, it ought to be admitted that they were rendered +more numerous and formidable than was necessary by the faults +of the reigning kings or of their ministers. They were not +actuated for the most part (perhaps with very few exceptions) +by the slavish principles of indefeasible right, much less by those +of despotic power. They had been so long in opposition to the +court, they had so often spoken the language of liberty, that we +may justly believe them to have been its friends. It was the +policy of Walpole to keep alive the strongest prejudice in the +mind of George II., obstinately retentive of prejudice, as such +narrow and passionate minds always are, against the whole body +of the tories. They were ill received at court, and generally +excluded, not only from those departments of office which the +dominant party have a right to keep in their power, but from +the commission of the peace, and every other subordinate trust.<a name="FNanchor_365" id="FNanchor_365" href="#Footnote_365" class="fnanchor">[365]</a> + +This illiberal and selfish course retained many, no doubt, in the +Pretender's camp, who must have perceived both the improbability +of his restoration, and the difficulty of reconciling it +with the safety of our constitution. He was indeed, as well as +<span class="pagenum"><a name="Page_224" id="Page_224">224</a></span> +his son, far less worthy of respect than the contemporary Brunswick +kings: without absolutely wanting capacity or courage, he +gave the most undeniable evidence of his legitimacy by constantly +resisting the counsels of wise men, and yielding to those +of priests; while his son, the fugitive of Culloden, despised and +deserted by his own party, insulted by the court of France, lost +with the advance of years even the respect and compassion +which wait on unceasing misfortune, the last sad inheritance of +the house of Stuart.<a name="FNanchor_366" id="FNanchor_366" href="#Footnote_366" class="fnanchor">[366]</a> + But they were little known in England, +<span class="pagenum"><a name="Page_225" id="Page_225">225</a></span> +and from unknown princes men are prone to hope much: if +some could anticipate a redress of every evil from Frederic +Prince of Wales, whom they might discover to be destitute of +respectable qualities, it cannot be wondered at that others +might draw equally flattering prognostics from the accession of +Charles Edward. It is almost certain that, if either the claimant +or his son had embraced the protestant religion, and had also +manifested any superior strength of mind, the German prejudices +of the reigning family would have cost them the throne, +as they did the people's affections. Jacobitism, in the great +majority, was one modification of the spirit of liberty burning +strongly in the nation at this period. It gave a rallying point +to that indefinite discontent, which is excited by an ill opinion +of rulers, and to that disinterested, though ignorant patriotism +which boils up in youthful minds. The government in possession +was hated, not as usurped, but as corrupt; the banished +line was demanded, not so much because it was legitimate, but +because it was the fancied means of redressing grievances and +regenerating the constitution. Such notions were doubtless +absurd; but it is undeniable that they were common, and had +been so almost from the revolution. I speak only, it will be +observed, of the English jacobites; in Scotland the sentiments of +loyalty and national pride had a vital energy, and the Highland +chieftains gave their blood, as freely as their southern allies did +their wine, for the cause of their ancient kings.</p> + +<p>No one can have looked in the most cursory manner at the +political writings of these two reigns, or at the debates of parliament, +without being struck by the continual predictions that +our liberties were on the point of extinguishment, or at least +by apprehensions of their being endangered. It might seem +that little or nothing had been gained by the revolution, and +by the substitution of an elective dynasty. This doubtless it +was the interest of the Stuart party to maintain or insinuate; +and, in the conflict of factions, those who, with far opposite +views, had separated from the court, seemed to lend them aid. +The declamatory exaggerations of that able and ambitious body +of men who co-operated against the ministry of Sir Robert +Walpole have long been rejected; and perhaps in the usual +reflux of popular opinion, his domestic administration (for in +foreign policy his views, so far as he was permitted to act upon +<span class="pagenum"><a name="Page_226" id="Page_226">226</a></span> +them, appear to have been uniformly judicious) has obtained +of late rather an undue degree of favour. I have already +observed that, for the sake of his own ascendancy in the cabinet, +he kept up unnecessarily the distinctions of the whig and tory +parties, and thus impaired the stability of the royal house, +which it was his chief care to support. And, though his government +was so far from anything oppressive or arbitrary that, +considered either relatively to any former times, or to the extensive +disaffection known to subsist, it was uncommonly moderate; +yet, feeling or feigning alarm at the jacobite intrigues on the +one hand, at the democratic tone of public sentiment and of +popular writings on the other, he laboured to preserve a more +narrow and oligarchical spirit than was congenial to so great +and brave a people, and trusted not enough, as indeed is the +general fault of ministers, to the sway of good sense and honesty +over disinterested minds. But, as he never had a complete +influence over his master, and knew that those who opposed +him had little else in view than to seize the reins of power and +manage them worse, his deviations from the straight course are +more pardonable.</p> + +<p>The clamorous invectives of this opposition, combined with +the subsequent dereliction of avowed principles by many among +them when in power, contributed more than anything else in +our history to cast obloquy and suspicion, or even ridicule, on +the name and occupation of patriots. Men of sordid and venal +characters always rejoice to generalise so convenient a maxim +as the non-existence of public virtue. It may not however be +improbable, that many of those who took a part in this long +contention, were less insincere than it has been the fashion to +believe, though led too far at the moment by their own passions, +as well as by the necessity of colouring highly a picture meant +for the multitude, and reduced afterwards to the usual compromises +and concessions, without which power in this country is +ever unattainable. But waiving a topic too generally historical +for the present chapter, it will be worth while to consider what +sort of ground there might be for some prevalent subjects of +declamation; and whether the power of government had not, +in several respects, been a good deal enhanced since the beginning +of the century. By the power of government I mean not +so much the personal authority of the sovereign as that of his +ministers, acting perhaps without his directions; which, since +the reign of William, is to be distinguished, if we look at it +analytically, from the monarchy itself. +<span class="pagenum"><a name="Page_227" id="Page_227">227</a></span></p> + +<p>I. The most striking acquisition of power by the Crown in +the new model of government, if I may use such an expression, +is the permanence of a regular military force. The reader +cannot need to be reminded that no army existed before the +civil war, that the guards in the reign of Charles II. were about +5000 men, that in the breathing-time between the peace of +Ryswick and the war of the Spanish succession, the Commons +could not be brought to keep up more than 7000 troops. Nothing +could be more repugnant to the national prejudices than +a standing army. The tories, partly from regard to the ancient +usage of the constitution, partly, no doubt, from a factious or +disaffected spirit, were unanimous in protesting against it. The +most disinterested and zealous lovers of liberty came with great +suspicion and reluctance into what seemed so perilous an innovation. +But the court, after the accession of the house of +Hanover, had many reasons for insisting upon so great an +augmentation of its power and security. It is remarkable to +perceive by what stealthy advances this came on. Two long +wars had rendered the army a profession for men in the higher +and middling classes, and familiarised the nation to their dress +and rank; it had achieved great honour for itself and the +English name; and in the nature of mankind the patriotism +of glory is too often an overmatch for that of liberty. The two +kings were fond of warlike policy, the second of war itself; +their schemes, and those of their ministers, demanded an imposing +attitude in negotiation, which an army, it was thought, +could best give; the cabinet was for many years entangled in +alliances, shifting sometimes rapidly, but in each combination +liable to produce the interruption of peace. In the new system +which rendered the houses of parliament partakers in the executive +administration, they were drawn themselves into the approbation +of every successive measure, either on the propositions of +ministers, or as often happens more indirectly, but hardly less +effectually, by passing a negative on those of their opponents.</p> + +<p><i>Permanent military force.</i>—The number of troops for which +a vote was annually demanded, after some variations, in the +first years of George I., was, during the whole administration +of Sir Robert Walpole, except when the state of Europe excited +some apprehension of disturbance, rather more than 17,000 +men, independent of those on the Irish establishment, but +including the garrisons of Minorca and Gibraltar. And this +continued with little alteration to be our standing army in time +of peace during the eighteenth century. +<span class="pagenum"><a name="Page_228" id="Page_228">228</a></span></p> + +<p>This army was always understood to be kept on foot, as it is +still expressed in the preamble of every mutiny bill, for better +preserving the balance of power in Europe. The Commons +would not for an instant admit that it was necessary as a +permanent force, in order to maintain the government at home. +There can be no question however that the court saw its advantage +in this light; and I am not perfectly sure that some of the +multiplied negotiations on the continent in that age were not +intended as a pretext for keeping up the army, or at least as a +means of exciting alarm for the security of the established +government. In fact, there would have been rebellions in the +time of George I., not only in Scotland, which perhaps could +not otherwise have been preserved, but in many parts of the +kingdom, had the parliament adhered with too pertinacious +bigotry to their ancient maxims. Yet these had such influence +that it was long before the army was admitted by every one to +be perpetual; and I do not know that it has ever been recognised +as such in our statutes. Mr. Pulteney, so late as 1732, a man +neither disaffected nor democratical, and whose views extended +no farther than a change of hands, declared that he "always +had been, and always would be, against a standing army of any +kind; it was to him a terrible thing, whether under the denomination +of parliamentary or any other. A standing army is still +a standing army, whatever name it be called by; they are a +body of men distinct from the body of the people; they are +governed by different laws; blind obedience and an entire submission +to the orders of their commanding officer is their only +principle. The nations around us are already enslaved, and +have been enslaved by those very means; by means of their +standing armies they have every one lost their liberties; it is +indeed impossible that the liberties of the people can be preserved +in any country where a numerous standing army is +kept up."<a name="FNanchor_367" id="FNanchor_367" href="#Footnote_367" class="fnanchor">[367]</a> +</p> + +<p>This wholesome jealousy, though it did not prevent what +was indeed for many reasons not to be dispensed with, the +establishment of a regular force, kept it within bounds which +possibly the administration, if left to itself, would have gladly +overleaped. A clause in the mutiny bill, first inserted in 1718, +enabling courts-martial to punish mutiny and desertion with +death, which had hitherto been only cognisable as capital +offences by the civil magistrate, was carried by a very small +majority in both houses.<a name="FNanchor_368" id="FNanchor_368" href="#Footnote_368" class="fnanchor">[368]</a> + An act was passed in 1735, directing +<span class="pagenum"><a name="Page_229" id="Page_229">229</a></span> +that no troops should come within two miles of any place, +except the capital or a garrisoned town, during an election;<a name="FNanchor_369" id="FNanchor_369" href="#Footnote_369" class="fnanchor">[369]</a> + +and on some occasions, both the Commons and the courts of +justice showed that they had not forgotten the maxims of their +ancestors as to the supremacy of the civil power.<a name="FNanchor_370" id="FNanchor_370" href="#Footnote_370" class="fnanchor">[370]</a> + A more +important measure was projected by men of independent principles, +at once to secure the kingdom against attack, invaded +as it had been by rebels in 1745, and thrown into the most +ignominious panic on the rumours of a French armament in +1756, to take away the pretext for a large standing force, and +perhaps to furnish a guarantee against any evil purposes to +which in future times it might be subservient, by the establishment +of a national militia, under the sole authority, indeed of +the Crown, but commanded by gentlemen of sufficient estates, +and not liable, except in war, to be marched out of its proper +county. This favourite plan, with some reluctance on the part +of the government, was adopted in 1757.<a name="FNanchor_371" id="FNanchor_371" href="#Footnote_371" class="fnanchor">[371]</a> + But though, during +the long periods of hostilities which have unfortunately ensued, +this embodied force had doubtless placed the kingdom in a +more respectable state of security, it has not much contributed +to diminish the number of our regular forces; and, from some +defects in its constitution, arising out of too great attention to +our ancient local divisions, and of too indiscriminate a dispensation +with personal service, which has filled the ranks with the +refuse of the community, the militia has grown unpopular and +burthensome, rather considered of late by the government as a +means of recruiting the army than as worthy of preservation in +itself, and accordingly thrown aside in time of peace; so that +the person who acquired great popularity as the author of this +institution, lived to see it worn out and gone to decay, and the +principles, above all, upon which he had brought it forward, +just enough remembered to be turned into ridicule. Yet the +<span class="pagenum"><a name="Page_230" id="Page_230">230</a></span> +success of that magnificent organisation which, in our own time, +has been established in France, is sufficient to evince the possibility +of a national militia; and we know with what spirit such +a force was kept up for some years in this country, under the +name of volunteers and yeomanry, on its only real basis, that +of property, and in such local distribution as convenience pointed +out.</p> + +<p>Nothing could be more idle, at any time since the revolution, +than to suppose that the regular army would pull the speaker +out of his chair, or in any manner be employed to confirm a +despotic power in the Crown. Such power, I think, could never +have been the waking dream of either king or minister. But +as the slightest inroads upon private rights and liberties are to +be guarded against in any nation that deserves to be called free, +we should always keep in mind not only that the military power +is subordinate to the civil, but, as this subordination must cease +where the former is frequently employed, that it should never +be called upon in aid of the peace without sufficient cause. +Nothing would more break down this notion of the law's supremacy +than the perpetual interference of those who are really +governed by another law; for the doctrine of some judges, that +the soldier, being still a citizen, acts only in preservation of the +public peace, as another citizen is bound to do, must be felt as +a sophism, even by those who cannot find an answer to it. +And, even in slight circumstances, it is not conformable to the +principles of our government to make that vain display of +military authority which disgusts us so much in some continental +kingdoms. But, not to dwell on this, it is more to our +immediate purpose that the executive power has acquired such +a coadjutor in the regular army that it can, in no probable +emergency, have much to apprehend from popular sedition. +The increased facilities of transport, and several improvements +in military art and science, which will occur to the reader, have +in later times greatly enhanced this advantage.</p> + +<p>II. It must be apparent to every one that since the restoration, +and especially since the revolution, an immense power has +been thrown into the scale of both houses of parliament, though +practically in more frequent exercise by the lower, in consequence +of their annual session during several months, and of their almost +unlimited rights of investigation, discussion, and advice. But, if +the Crown should by any means become secure of an ascendancy +in this assembly, it is evident that, although the prerogative, +technically speaking, might be diminished, the power might be +<span class="pagenum"><a name="Page_231" id="Page_231">231</a></span> +the same, or even possibly more efficacious; and that this result +must be proportioned to the degree and security of such an +ascendancy. A parliament absolutely, and in all conceivable +circumstances, under the control of the sovereign, whether +through intimidation or corrupt subservience, could not, without +absurdity, be deemed a co-ordinate power, or, indeed, in any +sense, a restraint upon his will. This is however an extreme +supposition, which no man, unless both grossly factious and +ignorant, will ever pretend to have been realised. But, as it +would equally contradict notorious truth to assert that every +vote has been disinterested and independent, the degree of +influence which ought to be permitted, or which has at any +time existed, becomes one of the most important subjects in +our constitutional policy.</p> + +<p>I have mentioned in the last chapter both the provisions +inserted in the act of settlement, with the design of excluding +altogether the possessors of public office from the House of +Commons, and the modifications of them by several acts of the +queen. These were deemed by the country party so inadequate +to restrain the dependents of power from overspreading the +benches of the Commons that perpetual attempts were made +to carry the exclusive principle to a far greater length. In the +two next reigns, if we can trust to the uncontradicted language +of debate, or even to the descriptions of individuals in the lists +of each parliament, we must conclude that a very undue proportion +of dependents on the favour of government were made +its censors and counsellors. There was still, however, so much +left of an independent spirit, that bills for restricting the number +of placemen, or excluding pensioners, met always with countenance; +they were sometimes rejected by very slight majorities; +and, after a time, Sir Robert Walpole found it expedient to +reserve his opposition for the surer field of the other house.<a name="FNanchor_372" id="FNanchor_372" href="#Footnote_372" class="fnanchor">[372]</a> + +<span class="pagenum"><a name="Page_232" id="Page_232">232</a></span> +After his fall, it was imputed with some justice to his successors, +that they shrunk in power from the bold reformation which they +had so frequently endeavoured; the king was indignantly averse +to all retrenchment of his power, and they wanted probably +both the inclination and the influence to cut off all corruption. +Yet we owe to this ministry the place bill of 1743, which, derided +as it was at the time, seems to have had a considerable effect; +excluding a great number of inferior officers from the House of +Commons, which has never since contained so revolting a list of +court-deputies as it did in the age of Walpole.<a name="FNanchor_373" id="FNanchor_373" href="#Footnote_373" class="fnanchor">[373]</a> +</p> + +<p><i>Secret corruption.</i>—But while this acknowledged influence of +lucrative office might be presumed to operate on many staunch +adherents of the actual administration, there was always a +strong suspicion, or rather a general certainty, of absolute +corruption. The proofs in single instances could never perhaps +be established; which, of course, is not surprising. But no one +seriously called in question the reality of a systematic distribution +of money by the Crown to the representatives of the people; +nor did the corrupters themselves, in whom the crime seems +always to be deemed less heinous, disguise it in private.<a name="FNanchor_374" id="FNanchor_374" href="#Footnote_374" class="fnanchor">[374]</a> + It is +true that the appropriation of supplies, and the established +course of the exchequer, render the greatest part of the public +revenue secure from misapplication; but, under the head of +secret service money, a very large sum was annually expended +without account, and some other parts of the civil list were +equally free from all public examination.<a name="FNanchor_375" id="FNanchor_375" href="#Footnote_375" class="fnanchor">[375]</a> + The committee of +<span class="pagenum"><a name="Page_233" id="Page_233">233</a></span> +secrecy appointed after the resignation of Sir Robert Walpole +endeavoured to elicit some distinct evidence of this misapplication; +but the obscurity natural to such transactions, and the +guilty collusion of subaltern accomplices, who shrouded themselves +in the protection of the law, defeated every hope of +punishment, or even personal disgrace.<a name="FNanchor_376" id="FNanchor_376" href="#Footnote_376" class="fnanchor">[376]</a> + This practice of direct +bribery continued, beyond doubt, long afterwards, and is +generally supposed to have ceased about the termination of the +American war.</p> + +<p>There is hardly any doctrine with respect to our government +more in fashion than that a considerable influence of the Crown +(meaning of course a corrupt influence) in both houses of +parliament, and especially in the Commons, has been rendered +indispensable by the vast enhancement of their own power +over the public administration. It is doubtless most expedient +that many servants of the Crown should be also servants of the +people; and no man who values the constitution would separate +the functions of ministers of state from those of legislators. +The glory that waits on wisdom and eloquence in the senate +should always be the great prize of an English statesman, and +his high road to the sovereign's favour. But the maxim that +private vices are public benefits is as sophistical as it is disgusting; +and it is self-evident, both that the expectation of a +clandestine recompense, or what in effect is the same thing, of +a lucrative office, cannot be the motive of an upright man in his +vote, and that if an entire parliament should be composed of +such venal spirits, there would be an end of all control upon the +Crown. There is no real cause to apprehend that a virtuous +and enlightened government would find difficulty in resting upon +the reputation justly due to it; especially when we throw into +the scale that species of influence which must ever subsist, the +sentiment of respect and loyalty to a sovereign, of friendship +and gratitude to a minister, of habitual confidence in those +intrusted with power, of averseness to confusion and untried +change, which have in fact more extensive operation than any +sordid motives, and which must almost always render them +unnecessary.</p> + +<p> +<span class="pagenum"><a name="Page_234" id="Page_234">234</a></span></p> + +<p>III. <i>Commitments for breach of privilege.</i>—The co-operation +of both houses of parliament with the executive government +enabled the latter to convert to its own purpose what had often +in former times been employed against it, the power of inflicting +punishment for breach of privilege. But as the subject of +parliamentary privilege is of no slight importance, it will be +convenient on this occasion to bring the whole before the reader +in as concise a summary as possible, distinguishing the power, +as it relates to offences committed by members of either house, +or against them singly, or the houses of parliament collectively, +or against the government and the public.</p> + +<p>1. It has been the constant practice of the House of Commons +to repress disorderly or indecent behaviour by a censure delivered +through the speaker. Instances of this are even noticed in the +journals under Edward VI. and Mary; and it is in fact essential +to the regular proceedings of any assembly. In the former reign +they also committed one of their members to the Tower. But in +the famous case of Arthur Hall in 1581, they established the first +precedent of punishing one of their own body for a printed libel +derogatory to them as a part of the legislature; and they inflicted +the threefold penalty of imprisonment, fine, and expulsion.<a name="FNanchor_377" id="FNanchor_377" href="#Footnote_377" class="fnanchor">[377]</a> + +From this time forth it was understood to be the law and usage +of parliament, that the Commons might commit to prison any +one of their members for misconduct in the house, or relating to +it. The right of imposing a fine was very rarely asserted after +the instance of Hall. But that of expulsion, no earlier precedent +whereof has been recorded, became as indubitable as frequent +and unquestioned usage could render it. It was carried to a +great excess by the long parliament, and again in the year 1680. +These, however, were times of extreme violence; and the prevailing +faction had an apology in the designs of the court, which +required an energy beyond the law to counteract them. The +offences, too, which the whigs thus punished in 1680, were in +their effect against the power and even existence of parliament. +The privilege was far more unwarrantably exerted by the +opposite party in 1714, against Sir Richard Steele, expelled the +house for writing the "Crisis," a pamphlet reflecting on the +ministry. This was, perhaps, the first instance wherein the +House of Commons so identified itself with the executive +administration, independently of the sovereign's person, as to +consider itself libelled by those who impugned its measures.<a name="FNanchor_378" id="FNanchor_378" href="#Footnote_378" class="fnanchor">[378]</a> + +<span class="pagenum"><a name="Page_235" id="Page_235">235</a></span></p> + +<p>In a few instances an attempt was made to carry this farther, +by declaring the party incapable of sitting in parliament. It +is hardly necessary to remark that upon this rested the celebrated +question of the Middlesex election in 1769. If a few precedents, +and those not before the year 1680, were to determine all controversies +of constitutional law, it is plain enough from the +journals that the house have assumed the power of incapacitation. +But as such an authority is highly dangerous and unnecessary +for any good purpose, and as, according to all legal rules, so +extraordinary a power could not be supported except by a sort +of prescription which cannot be shown, the final resolution of +the House of Commons, which condemned the votes passed in +times of great excitement, appears far more consonant to just +principles.</p> + +<p>2. The power of each house of parliament over those who do +not belong to it is of a more extensive consideration, and has lain +open, in some respects, to more doubt than that over its own +members. It has been exercised, in the first place, very frequently, +and from an early period, in order to protect the members +personally, and in their properties, from anything which has +been construed to interfere with the discharge of their functions. +Every obstruction in these duties, by assaulting, challenging, +insulting any single representative of the Commons, has from +the middle of the sixteenth century downwards, that is, from +the beginning of their regular journals, been justly deemed a +breach of privilege, and an offence against the whole body. It +has been punished generally by commitment, either to the +custody of the house's officer, the serjeant-at-arms, or to the +king's prison. This summary proceeding is usually defended +by a technical analogy to what are called attachments for +contempt, by which every court of record is entitled to punish +by imprisonment, if not also by fine, any obstruction to its acts +or contumacious resistance of them. But it tended also to raise +the dignity of parliament in the eyes of the people, at times +when the government, and even the courts of justice, were not +greatly inclined to regard it; and has been also a necessary safeguard +against the insolence of power. The majority are bound +to respect, and indeed have respected, the rights of every +member, however obnoxious to them, on all questions of privilege. +Even in the case most likely to occur in the present age, that of +<span class="pagenum"><a name="Page_236" id="Page_236">236</a></span> +libels, which by no unreasonable stretch come under the head of +obstructions, it would be unjust that a patriotic legislator, +exposed to calumny for his zeal in the public cause, should be +necessarily driven to a troublesome and uncertain process at +law, when the offence so manifestly affects the real interests of +parliament and the nation. The application of this principle +must of course require a discreet temper, which was not perhaps +always observed in former times, especially in the reign of +William III. Instances at least of punishment for breach of +privilege by personal reflections are never so common as in the +journals of that turbulent period.</p> + +<p>The most usual mode, however, of incurring the animadversion +of the house was by molestations in regard to property. +It was the most ancient privilege of the Commons to be free +from all legal process, during the term of the session and for +forty days before and after, except on charges of treason, felony, +or breach of the peace. I have elsewhere mentioned the great +case of Ferrers, under Henry VIII., wherein the house first, as +far as we know, exerted the power of committing to prison those +who had been concerned in arresting one of its members; and +have shown that, after some little intermission, this became +their recognised and customary right. Numberless instances +occur of its exercise.<a name="FNanchor_379" id="FNanchor_379" href="#Footnote_379" class="fnanchor">[379]</a> + It was not only a breach of privilege to +serve any sort of process upon them, but to put them under the +necessity of seeking redress at law for any civil injury. Thus +abundant cases are found in the journals, where persons have +been committed to prison for entering on the estates of members, +carrying away timber, lopping trees, digging coal, fishing in +their waters. Their servants, and even their tenants, if the +trespass were such as to affect the landlord's property, had the +same protection.<a name="FNanchor_380" id="FNanchor_380" href="#Footnote_380" class="fnanchor">[380]</a> + The grievance of so unparalleled an immunity +must have been notorious, since it not only suspended +at least the redress of creditors, but enabled rapacious men to +establish in some measure unjust claims in respect of property; +the alleged trespasses being generally founded on some disputed +right. An act however was passed, rendering the members of +both houses liable to civil suits during the prorogation of parliament.<a name="FNanchor_381" id="FNanchor_381" href="#Footnote_381" class="fnanchor">[381]</a> + +But they long continued to avenge the private injuries, +<span class="pagenum"><a name="Page_237" id="Page_237">237</a></span> +real or pretended, of their members. On a complaint of breach +of privilege by trespassing on a fishery (Jan. 25, 1768), they +heard evidence on both sides, and determined that no breach of +privilege had been committed; thus indirectly taking on them +the decision of a freehold right. A few days after they came +to a resolution, "that in case of any complaint of a breach +of privilege, hereafter to be made by any member of this +house, if the house shall adjudge there is no ground for such +complaint, the house will order satisfaction to the person +complained of for his costs and expenses incurred by reason +of such complaint."<a name="FNanchor_382" id="FNanchor_382" href="#Footnote_382" class="fnanchor">[382]</a> + But little opportunity was given to try +the effect of this resolution, an act having passed in two years +afterwards, which has altogether taken away the exemption +from legal process, except as to the immunity from personal +arrest, which still continues to be the privilege of both houses +of parliament.<a name="FNanchor_383" id="FNanchor_383" href="#Footnote_383" class="fnanchor">[383]</a> +</p> + +<p>3. A more important class of offences against privilege is of +such as affect either house of parliament collectively. In the +reign of Elizabeth we have an instance of one committed for +disrespectful words against the Commons. A few others, either +for words spoken or published libels, occur in the reign of Charles +I. even before the long parliament; but those of 1641 can have +little weight as precedents, and we may say nearly the same of +the unjustifiable proceedings in 1680. Even since the revolution +we find too many proofs of encroaching pride or intemperate +passion, to which a numerous assembly is always prone, and +which the prevalent doctrine of the house's absolute power in +matters of privilege has not contributed much to restrain. The +most remarkable may be briefly noticed.</p> + +<p>The Commons of 1701, wherein a tory spirit was strongly +predominant, by what were deemed its factious delays in voting +supplies, and in seconding the measures of the king for the +security of Europe, had exasperated all those who saw the +nation's safety in vigorous preparations for war, and led at last +to the most angry resolution of the Lords, which one house of +parliament in a matter not affecting its privileges has ever +recorded against the other.<a name="FNanchor_384" id="FNanchor_384" href="#Footnote_384" class="fnanchor">[384]</a> + The grand jury of Kent, and other +<span class="pagenum"><a name="Page_238" id="Page_238">238</a></span> +freeholders of the county, presented accordingly a petition on +the 8th of May 1701, imploring them to turn their loyal addresses +into bills of supply (the only phrase in the whole petition that +could be construed into disrespect), and to enable his majesty +to assist his allies before it should be too late. The tory faction +was wrought to fury by this honest remonstrance. They voted +that the petition was scandalous, insolent, and seditious, tending +to destroy the constitution of parliament, and to subvert the +established government of this realm; and ordered that Mr. +Colepepper, who had been most forward in presenting the +petition, and all others concerned in it, should be taken into +custody of the serjeant.<a name="FNanchor_385" id="FNanchor_385" href="#Footnote_385" class="fnanchor">[385]</a> + Though no attempt was made on +this occasion to call the authority of the house into question +by habeas corpus or other legal remedy, it was discussed in +pamphlets and in general conversation, with little advantage +to a power so arbitrary, and so evidently abused in the +immediate instance.<a name="FNanchor_386" id="FNanchor_386" href="#Footnote_386" class="fnanchor">[386]</a> +</p> + +<p> +<span class="pagenum"><a name="Page_239" id="Page_239">239</a></span></p> + +<p>A very few years after this high exercise of authority, it was +called forth in another case, still more remarkable and even less +warrantable. The House of Commons had an undoubted right +of determining all disputed returns to the writ of election, and +consequently of judging upon the right of every vote. But, +as the house could not pretend that it had given this right, or +that it was not, like any other franchise, vested in the possessor +by a legal title, no pretext of reason or analogy could be set up +for denying that it might also come, in an indirect manner at +least, before a court of justice, and be judged by the common +principles of law. One Ashby, however, a burgess of Aylesbury, +having sued the returning officer for refusing his vote; and three +judges of the king's bench, against the opinion of Chief-Justice +Holt, having determined for different reasons that it did not lie, +a writ of error was brought in the House of Lords, when the +judgment was reversed. The House of Commons took this up +indignantly, and passed various resolutions, asserting their +<span class="pagenum"><a name="Page_240" id="Page_240">240</a></span> +exclusive right to take cognisance of all matters relating to the +election of their members. The Lords repelled these by contrary +resolutions; That by the known laws of this kingdom, every +person having a right to give his vote, and being wilfully denied +by the officer who ought to receive it, may maintain an action +against such officer to recover damage for the injury; That the +contrary assertion is destructive of the property of the subject, +and tends to encourage corruption and partiality in returning +officers; That the declaring persons guilty of breach of privilege +for prosecuting such actions, or for soliciting and pleading in +them, is a manifest assuming a power to control the law, and +hinder the course of justice, and subject the property of Englishmen +to the arbitrary votes of the House of Commons. They +ordered a copy of these resolutions to be sent to all the sheriffs, +and to be communicated by them to all the boroughs in their +respective counties.</p> + +<p>A prorogation soon afterwards followed, but served only to +give breathing time to the exasperated parties; for it must be +observed, that though a sense of dignity and privilege no doubt +swelled the majorities in each house, the question was very +much involved in the general whig and tory course of politics. +<span class="pagenum"><a name="Page_241" id="Page_241">241</a></span> +But Ashby, during the recess, having proceeded to execution on +his judgment, and some other actions having been brought +against the returning officer of Aylesbury, the Commons again +took it up, and committed the parties to Newgate. They moved +the court of king's bench for a habeas corpus; upon the return +to which, the judges, except Holt, thought themselves not +warranted to set them at liberty against the commitment of the +house.<a name="FNanchor_387" id="FNanchor_387" href="#Footnote_387" class="fnanchor">[387]</a> + It was threatened to bring this by writ of error before +the Lords; and, in the disposition of that assembly, it seems +probable that they would have inflicted a severe wound on the +privileges of the lower house, which must in all probability have +turned out a sort of suicide upon their own. But the Commons +interposed by resolving to commit to prison the counsel and +agents concerned in prosecuting the habeas corpus, and by +addressing the queen not to grant a writ of error. The queen +properly answered, that as this matter, relating to the course of +judicial proceedings, was of the highest consequence, she thought +it necessary to weigh very carefully what she should do. The +Lords came to some important resolutions: That neither house +of parliament hath any power by any vote or declaration to +create to themselves any new privilege that is not warranted by +the known laws and customs of parliament; That the House +of Commons, in committing to Newgate certain persons for +prosecuting an action at law, upon pretence that their so doing +was contrary to a declaration, a contempt of the jurisdiction, +and a breach of the privileges of that house, have assumed to +themselves alone a legislative power, by pretending to attribute +the force of law to their declaration, have claimed a jurisdiction +not warranted by the constitution, and have assumed a new +privilege, to which they can show no title by the law and custom +of parliament; and have thereby, as far as in them lies, subjected +the rights of Englishmen, and the freedom of their persons, to the +arbitrary votes of the House of Commons; That every Englishman, +who is imprisoned by any authority whatsoever, has an +undoubted right to a writ of habeas corpus, in order to obtain +his liberty by the due course of law; That for the House of +Commons to punish any person for assisting a prisoner to procure +such a writ is an attempt of dangerous consequence, and a breach +of the statutes provided for the liberty of the subject; That a +writ of error is not of grace but of right, and ought not to be +denied to the subject when duly applied for, though at the +request of either house of parliament. +<span class="pagenum"><a name="Page_242" id="Page_242">242</a></span></p> + +<p>These vigorous resolutions produced a conference between +the houses, which was managed with more temper than might +have been expected from the tone taken on both sides. But, +neither of them receding in the slightest degree, the Lords +addressed the queen, requesting her to issue the writs of error +demanded upon the refusal of the king's bench to discharge +the parties committed by the House of Commons. The queen +answered the same day, that she should have granted the writs +of error desired by them, but finding an absolute necessity of +putting an immediate end to the session, she was sensible there +could have been no further proceeding upon them. The meaning +of this could only be, that by a prorogation all commitments +by order of the lower house of parliament are determined, so +that the parties could stand in no need of a habeas corpus. But +a great constitutional question was thus wholly eluded.<a name="FNanchor_388" id="FNanchor_388" href="#Footnote_388" class="fnanchor">[388]</a> +</p> + +<p>We may reckon the proceedings against Mr. Alexander +Murray, in 1751, among the instances wherein the House of +Commons has been hurried by passion to an undue violence. +This gentleman had been active in a contested Westminster +election, on an anti-ministerial and perhaps jacobite interest. +In the course of an inquiry before the house, founded on a +petition against the return, the high-bailiff named Mr. Murray +as having insulted him in the execution of his duty. The house +resolved to hear Murray by counsel in his defence, and the high-bailiff +also by counsel in support of the charge, and ordered the +former to give bail for his appearance from time to time. These, +especially the last, were innovations on the practice of parliament, +and were justly opposed by the more cool-headed men. +After hearing witnesses on both sides, it was resolved that +Murray should be committed to Newgate, and should receive +this sentence upon his knees. This command he steadily +refused to obey, and thus drew on himself a storm of wrath at +such insolence and audacity. But the times were no more, +when the Commons could inflict whippings and pillories on the +refractory; and they were forced to content themselves with +ordering that no person should be admitted to him in prison, +which, on account of his ill-health, they soon afterwards relaxed. +The public voice is never favourable to such arbitrary exertions +of mere power: at the expiration of the session, Mr. Murray, +thus grown from an intriguing jacobite into a confessor of +popular liberty, was attended home by a sort of triumphal +procession amidst the applause of the people. In the next +<span class="pagenum"><a name="Page_243" id="Page_243">243</a></span> +session he was again committed on the same charge; a proceeding +extremely violent and arbitrary.<a name="FNanchor_389" id="FNanchor_389" href="#Footnote_389" class="fnanchor">[389]</a> +</p> + +<p>It has been always deemed a most important and essential +privilege of the houses of parliament, that they may punish in +this summary manner by commitment all those who disobey +their orders to attend as witnesses, or for any purposes of their +constitutional duties. No inquiry could go forward before the +house at large or its committees, without this power to enforce +obedience; especially when the information is to be extracted +from public officers against the secret wishes of the court. It +is equally necessary (or rather more so, since evidence not being +on oath in the lower house, there can be no punishment in the +course of law) that the contumacy or prevarication of witnesses +should incur a similar penalty. No man would seek to take +away this authority from parliament, unless he is either very +ignorant of what has occurred in other times and his own, or +is a slave in the fetters of some general theory.</p> + +<p>But far less can be advanced for several exertions of power +on record in the journals, which under the name of privilege +must be reckoned by impartial men irregularities and encroachments, +capable only at some periods of a kind of apology from +the unsettled state of the constitution. The Commons began, +in the famous or infamous case of Floyd, to arrogate a power +of animadverting upon political offences, which was then +wrested from them by the upper house. But in the first parliament +of Charles I. they committed Montagu (afterwards the +noted semi-popish bishop) to the serjeant, on account of a +published book, containing doctrines they did not approve.<a name="FNanchor_390" id="FNanchor_390" href="#Footnote_390" class="fnanchor">[390]</a> + +For this was evidently the main point, though he was also +charged with reviling two persons who had petitioned the house, +which bore a distant resemblance to a contempt. In the long +parliament, even from its commencement, every boundary was +swept away; it was sufficient to have displeased the majority +by act or word; but no precedents can be derived from a crisis +of force struggling against force. If we descend to the reign of +William III., it will be easy to discover instances of commitments, +laudable in their purpose, but of such doubtful legality +and dangerous consequence that no regard to the motive should +induce us to justify the precedent. Graham and Burton, the +solicitors of the treasury in all the worst state prosecutions +<span class="pagenum"><a name="Page_244" id="Page_244">244</a></span> +under Charles and James, and Jenner, a baron of the exchequer, +were committed to the Tower by the council immediately after +the king's proclamation, with an intention of proceeding criminally +against them. Some months afterwards, the suspension +of the habeas corpus, which had taken place by bill, having +ceased, they moved the king's bench to admit them to bail; +but the House of Commons took this up, and, after a report of +a committee as to precedents, put them in custody of the +serjeant at arms.<a name="FNanchor_391" id="FNanchor_391" href="#Footnote_391" class="fnanchor">[391]</a> + On complaints of abuses in victualling the +navy, the commissioners of that department were sent for in +the serjeant's custody, and only released on bail ten days afterwards.<a name="FNanchor_392" id="FNanchor_392" href="#Footnote_392" class="fnanchor">[392]</a> + +But, without minutely considering the questionable +instances of privilege that we may regret to find, I will select +one wherein the House of Commons appear to have gone far +beyond either the reasonable or customary limits of privilege, +and that with very little pretext of public necessity. In the +reign of George I., a newspaper called <i>Mist's Journal</i> was +notorious as the organ of the jacobite faction. A passage full +of the most impudent longings for the Pretender's restoration +having been laid before the house, it was resolved, May 28, +1721, "that the said paper is a false, malicious, scandalous, +infamous, and traitorous libel, tending to alienate the affections +of his majesty's subjects, and to excite the people to sedition +and rebellion, with an intention to subvert the present happy +establishment, and to introduce popery and arbitrary power." +They went on after this resolution to commit the printer Mist +to Newgate, and to address the king that the authors and +publishers of the libel might be prosecuted.<a name="FNanchor_393" id="FNanchor_393" href="#Footnote_393" class="fnanchor">[393]</a> + It is to be observed +that no violation of privilege either was, or indeed could be +alleged as the ground of this commitment; which seems to +imply that the house conceived itself to be invested with a +general power, at least in all political misdemeanours.</p> + +<p>I have not observed any case more recent than this of Mist, +wherein any one has been committed on a charge which could +not possibly be interpreted on a contempt of the house, or a +breach of its privilege. It became however the practice, without +previously addressing the king, to direct a prosecution by +the attorney-general for offences of a public nature, which the +Commons had learned in the course of any inquiry, or which had +been formally laid before them.<a name="FNanchor_394" id="FNanchor_394" href="#Footnote_394" class="fnanchor">[394]</a> + This seems to have been +<span class="pagenum"><a name="Page_245" id="Page_245">245</a></span> +introduced about the beginning of the reign of Anne, and is +undoubtedly a far more constitutional course than that of +arbitrary punishment by overstraining their privilege. In +some instances, libels have been publicly burned by the order +of one or other house of parliament.</p> + +<p>I have principally adverted to the powers exerted by the +lower house of parliament, in punishing those guilty of violating +their privileges. It will of course be understood that the Lords +are at least equal in authority. In some respects indeed they +have gone beyond. I do not mean that they would be supposed +at present to have cognisance of any offence whatever, upon +which the Commons could not animadvert. Notwithstanding +what they claimed in the case of Floyd, the subsequent denial +by the Commons, and abandonment by themselves, of any +original jurisdiction, must stand in the way of their assuming +such authority over misdemeanours, more extensively at least +than the Commons, as has been shown, have in some instances +exercised it. But, while the latter have, with very few exceptions, +and none since the restoration, contented themselves with +commitment during the session, the Lords have sometimes +imposed fines, and, on some occasions in the reign of George II., +as well as later, have adjudged parties to imprisonment for +a certain time. In one instance, so late as that reign, they +sentenced a man to the pillory; and this had been done several +times before. The judgments however of earlier ages give far +less credit to the jurisdiction than they take from it. Besides +the ever memorable case of Floyd, one John Blount, about the +same time (27th Nov. 1621), was sentenced by the Lords to +imprisonment and hard labour in Bridewell during life.<a name="FNanchor_395" id="FNanchor_395" href="#Footnote_395" class="fnanchor">[395]</a> +</p> + +<p><i>Privileges of the house not controllable by courts of law.</i>—It may +surprise those who have heard of the happy balance of the +English constitution, of the responsibility of every man to the +law, and of the security of the subject from all unlimited power, +especially as to personal freedom, that this power of awarding +punishment at discretion of the houses of parliament is generally +reputed to be universal and uncontrollable. This indeed was +by no means received at the time when the most violent usurpations +under the name of privilege were first made; the power +was questioned by the royalist party who became its victims, +and, among others, by the gallant Welshman, Judge Jenkins, +whom the long parliament had shut up in the Tower. But +it has been several times brought into discussion before the +<span class="pagenum"><a name="Page_246" id="Page_246">246</a></span> +ordinary tribunals; and the result has been, that if the power +of parliament is not unlimited in right, there is at least no +remedy provided against its excesses.</p> + +<p>The House of Lords in 1677 committed to the Tower four +peers, among whom was the Earl of Shaftesbury, for a high +contempt; that is, for calling in question, during a debate, the +legal continuance of parliament after a prorogation of more +than twelve months. Shaftesbury moved the court of king's +bench to release him upon a writ of habeas corpus. But the +judges were unanimously of opinion that they had no jurisdiction +to inquire into a commitment by the Lords of one of +their body, or to discharge the party during the session, even +though there might be, as appears to have been the case, such +technical informality on the face of the commitment as would +be sufficient in an ordinary case to set it aside.<a name="FNanchor_396" id="FNanchor_396" href="#Footnote_396" class="fnanchor">[396]</a> +</p> + +<p>Lord Shaftesbury was at this time in vehement opposition to +the court. Without insinuating that this had any effect upon +the judges, it is certain that a few years afterwards they were +less inclined to magnify the privileges of parliament. Some +who had been committed, very wantonly and oppressively, by +the Commons in 1680, under the name of abhorrers, brought +actions for false imprisonment against Topham, the serjeant-at-arms. +In one of these he put in what is called a plea to +the jurisdiction, denying the competence of the court of king's +bench, inasmuch as the alleged trespass had been done by order +of the knights, citizens, and burgesses of parliament. But the +judges overruled this plea, and ordered him to plead in bar to +the action. We do not find that Topham complied with this; +at least judgments appear to have passed against him in these +actions.<a name="FNanchor_397" id="FNanchor_397" href="#Footnote_397" class="fnanchor">[397]</a> + The Commons, after the revolution, entered on the +subject, and summoned two of the late judges, Pemberton and +Jones, to their bar. Pemberton answered that he remembered +little of the case; but if the defendant should plead that he did +arrest the plaintiff by order of the house, and should plead that +to the jurisdiction of the king's bench, he thought, with submission, +he could satisfy the house that such a plea ought to +be overruled, and that he took the law to be so very clearly. +The house pressed for his reasons, which he rather declined to +give. But on a subsequent day he fully admitted that the order +of the house was sufficient to take any one into custody, but +that it ought to be pleaded in bar, and not to the jurisdiction, +<span class="pagenum"><a name="Page_247" id="Page_247">247</a></span> +which would be of no detriment to the party, nor affect his +substantial defence. It did not appear however that he had +given any intimation from the bench of so favourable a leaning +towards the rights of parliament; and his present language +might not uncharitably be ascribed to the change of times. +The house resolved that the orders and proceedings of this +house being pleaded to the jurisdiction of the court of king's +bench, ought not to be overruled; that the judges had been +guilty of a breach of privilege, and should be taken into custody.<a name="FNanchor_398" id="FNanchor_398" href="#Footnote_398" class="fnanchor">[398]</a> +</p> + +<p>I have already mentioned that, in the course of the controversy +between the two houses on the case of Ashby and White, +the Commons had sent some persons to Newgate, for suing the +returning officer of Aylesbury in defiance of their resolutions; +and that, on their application to the king's bench to be discharged +on their habeas corpus, the majority of the judges had +refused it. Three judges, Powis, Gould, and Powell, held that +the courts of Westminster Hall could have no power to judge +of the commitments of the houses of parliament; that they had +no means of knowing what were the privileges of the Commons, +and consequently could not know their boundaries; that the +law and custom of parliament stood on its own basis, and was +not to be decided by the general rules of law; that no one had +ever been discharged from such a commitment, which was an +argument that it could not be done. Holt, the chief justice, +on the other hand, maintained that no privilege of parliament +could destroy a man's right, such as that of bringing an action +for a civil injury; that neither house of parliament could +separately dispose of the liberty and property of the people, +which could only be done by the whole legislature; that the +judges were bound to take notice of the customs of parliament, +because they are part of the law of the land, and might as well +be learned as any other part of the law. "It is the law," he +said, "that gives the queen her prerogative; it is the law gives +jurisdiction to the House of Lords, as it is the law limits the +jurisdiction of the House of Commons." The eight other judges +having been consulted, though not judicially, are stated to have +gone along with the majority of the court, in holding that a +commitment by either house of parliament was not cognisable +at law. But from some of the resolutions of the Lords on this +occasion which I have quoted above, it may seem probable that, +if a writ of error had been ever heard before them, they would +have leaned to the doctrine of Holt, unless indeed withheld by +<span class="pagenum"><a name="Page_248" id="Page_248">248</a></span> +the reflection that a similar principle might easily be extended +to themselves.<a name="FNanchor_399" id="FNanchor_399" href="#Footnote_399" class="fnanchor">[399]</a> +</p> + +<p>It does not appear that any commitment for breach of +privilege was disputed until the year 1751; when Mr. Alexander +Murray, of whom mention has been made, caused himself to be +brought before the court of king's bench on a habeas corpus. +But the judges were unanimous in refusing to discharge him. +"The House of Commons," said Mr. Justice Wright, "is a high +court, and it is agreed on all hands that they have power to +judge of their own privileges; it need not appear to us what the +contempt is for; if it did appear, we could not judge thereof."—"This +court," said Mr. Justice Denison, "has no jurisdiction +in the present case. We granted the habeas corpus, not knowing +what the commitment was; but now it appears to be for +a contempt of the privileges of the House of Commons. What +the privileges of either house are we do not know; nor need +they tell us what the contempt was, because we cannot judge +of it; for I must call this court inferior to the Commons with +respect to judging of their privileges, and contempts against +them." Mr. Justice Foster agreed with the two others, that +the house could commit for a contempt, which, he said, "Holt +had never denied in such a case as this before them."<a name="FNanchor_400" id="FNanchor_400" href="#Footnote_400" class="fnanchor">[400]</a> + It would +be unnecessary to produce later cases which have occurred since +the reign of George II., and elicited still stronger expressions +from the judges of their incapacity to take cognisance of what +may be done by the Houses of Parliament.</p> + +<p>Notwithstanding such imposing authorities, there have not +been wanting some who have thought that the doctrine of +uncontrollable privilege is both eminently dangerous in a free +country, and repugnant to the analogy of our constitution. The +manly language of Lord Holt<a name="FNanchor_401" id="FNanchor_401" href="#Footnote_401" class="fnanchor">[401]</a> + has seemed to rest on better principles +<span class="pagenum"><a name="Page_249" id="Page_249">249</a></span> +of public utility, and even perhaps of positive law. It +is not however to be inferred that the right of either house +of parliament to commit persons, even not of their own body, +to prison, for contempts or breaches of privilege, ought to be +called in question. In some cases this authority is as beneficial, +and even indispensable, as it is ancient and established. Nor +do I by any means pretend that if the warrant of commitment +merely recites the party to have been guilty of a contempt or +breach of privilege, the truth of such allegation could be +examined upon a return to a writ of habeas corpus, any more +than in an ordinary case of felony. Whatever injustice may thus +be done cannot have redress by any legal means; because the +House of Commons (or the Lords, as it may be) are the fit judges +of the fact, and must be presumed to have determined it according +to right.</p> + +<p>But it is a more doubtful question, whether, if they should +pronounce an offence to be a breach of privilege, as in the +case of the Aylesbury men, which a court of justice should +perceive to be clearly none, or if they should commit a man on +a charge of misdemeanour, and for no breach of privilege at all, +as in the case of Mist the printer, such excesses of jurisdiction +might not legally be restrained by the judges. If the resolutions +of the Lords in the business of Ashby and White are constitutional +and true, neither house of parliament can create to itself +any new privilege; a proposition surely so consonant to the +rules of English law, which require prescription or statute as +the basis for every right, that few will dispute it; and it must +be still less lawful to exercise a jurisdiction over misdemeanours, +by committing a party who would regularly be only held to +bail on such a charge. Of this I am very certain, that if Mist, +in the year 1721, had applied for his discharge on a habeas +corpus, it would have been far more difficult to have opposed +it on the score of precedent or of constitutional right, than it +was for the attorney-general of Charles I., nearly one hundred +years before, to resist the famous arguments of Selden and +Littleton, in the case of the Buckinghamshire gentlemen committed +by the council. If a few scattered acts of power can +make such precedents as a court of justice must take as its rule, +I am sure the decision, neither in this case nor in that of ship-money, +was so unconstitutional as we usually suppose: it was +by dwelling on all authorities in favour of liberty, and by +setting aside those which made against it, that our ancestors +overthrew the claims of unbounded prerogative. Nor is this +<span class="pagenum"><a name="Page_250" id="Page_250">250</a></span> +parallel less striking when we look at the tone of implicit obedience, +respect, and confidence with which the judges of the +eighteenth century have spoken of the houses of parliament, as +if their sphere were too low for the cognisance of such a transcendant +authority.<a name="FNanchor_402" id="FNanchor_402" href="#Footnote_402" class="fnanchor">[402]</a> + The same language, almost to the words, +was heard from the lips of the Hydes and Berkeleys in the +preceding age, in reference to the king and to the privy council. +But as, when the spirit of the government was almost wholly +monarchical, so since it has turned chiefly to an aristocracy, +the courts of justice have been swayed towards the predominant +influence, not, in general, by any undue motives, but because +it is natural for them to support power, to shun offence, and to +shelter themselves behind precedent. They have also sometimes +had in view the analogy of parliamentary commitments +to their own power of attachment for contempt, which they +hold to be equally uncontrollable; a doctrine by no means so +dangerous to the subject's liberty, but liable also to no trifling +objections.<a name="FNanchor_403" id="FNanchor_403" href="#Footnote_403" class="fnanchor">[403]</a> +</p> + +<p>The consequences of this utter irresponsibility in each of the +two houses will appear still more serious, when we advert to the +unlimited power of punishment which it draws with it. The +Commons indeed do not pretend to imprison beyond the session; +but the Lords have imposed fines and definite imprisonment; +and attempts to resist these have been unsuccessful.<a name="FNanchor_404" id="FNanchor_404" href="#Footnote_404" class="fnanchor">[404]</a> + If the +matter is to rest upon precedent, or upon what overrides precedent +itself, the absolute failure of jurisdiction in the ordinary +<span class="pagenum"><a name="Page_251" id="Page_251">251</a></span> +courts, there seems nothing (decency and discretion excepted) +to prevent their repeating the sentences of James I.'s reign, +whipping, branding, hard labour for life. Nay, they might order +the usher of the black rod to take a man from their bar, and +hang him up in the lobby. Such things would not be done, and, +being done, would not be endured; but it is much that any sworn +ministers of the law should, even by indefinite language, have +countenanced the legal possibility of tyrannous power in +England. The temper of government itself, in modern times, +has generally been mild; and this is probably the best ground +of confidence in the discretion of parliament; but popular, that +is, numerous bodies, are always prone to excess, both from the +reciprocal influences of their passions, and the consciousness of +irresponsibility; for which reasons a democracy, that is, the +absolute government of the majority, is in general the most +tyrannical of any. Public opinion, it is true, in this country, +imposes a considerable restraint; yet this check is somewhat +less powerful in that branch of the legislature which has gone +the farthest in chastising breaches of privilege. I would not be +understood, however, to point at any more recent discussions on +this subject; were it not, indeed, beyond the limits prescribed +to me, it might be shown that the House of Commons, in asserting +its jurisdiction, has receded from much of the arbitrary +power which it once arrogated, and which some have been +disposed to bestow upon it.</p> + +<p>IV. It is commonly and justly said that civil liberty is not +only consistent with, but in its terms implies, the restrictive +limitations of natural liberty which are imposed by law. But, +as these are not the less real limitations of liberty, it can hardly +be maintained that the subject's condition is not impaired by +very numerous restraints upon his will, even without reference +to their expediency. The price may be well paid; but it is still +a price that it costs some sacrifice to pay. Our statutes have +been growing in bulk and multiplicity with the regular session +of parliament, and with the new system of government; all +abounding with prohibitions and penalties, which every man is +presumed to know, but which no man, the judges themselves +included, can really know with much exactness. We literally +walk amidst the snares and pitfalls of the law. The very +doctrine of the more rigid casuists, that men are bound in conscience +to observe all the laws of their country, has become +impracticable through their complexity and inconvenience; and +most of us are content to shift off their penalties in the <i><span lang="la" xml:lang="la">mala +<span class="pagenum"><a name="Page_252" id="Page_252">252</a></span> +prohibita</span></i> with as little scruple as some feel in risking those +of graver offences. But what more peculiarly belongs to the +present subject is the systematic encroachment upon ancient +constitutional principles, which has for a long time been made +through new enactments, proceeding from the Crown, chiefly in +respect to the revenue.<a name="FNanchor_405" id="FNanchor_405" href="#Footnote_405" class="fnanchor">[405]</a> + These may be traced indeed in the +statute-book, at least as high as the restoration, and really +began in the arbitrary times of revolution which preceded it. +They have, however, been gradually extended along with the +public burthens, and as the severity of these has prompted fresh +artifices of evasion. It would be curious, but not within the +scope of this work, to analyse our immense fiscal law, and to +trace the history of its innovations. These consist, partly in +taking away the cognisance of offences against the revenue from +juries, whose partiality in such cases there was in truth much +reason to apprehend, and vesting it either in commissioners of +the revenue itself or in magistrates; partly in anomalous and +somewhat arbitrary power with regard to the collection; partly +in deviations from the established rules of pleading and evidence, +by throwing on the accused party in fiscal causes the burthen +of proving his innocence, or by superseding the necessity of +rigorous proof as to matters wherein it is ordinarily required; +and partly in shielding the officers of the Crown, as far as +possible, from their responsibility for illegal actions, by permitting +special circumstances of justification to be given in +evidence without being pleaded, or by throwing impediments of +<span class="pagenum"><a name="Page_253" id="Page_253">253</a></span> +various kinds in the way of the prosecutor, or by subjecting him +to unusual costs in the event of defeat.</p> + +<p><i>Extension of penal laws.</i>—These restraints upon personal +liberty, and what is worse, these endeavours, as they seem, to +prevent the fair administration of justice between the Crown +and the subject, have in general, more especially in modern +times, excited little regard as they have passed through the +houses of parliament. A sad necessity has over-ruled the +maxims of ancient law; nor is it my business to censure our +fiscal code, but to point out that it is to be counted as a set-off +against the advantages of the revolution, and has in fact +diminished the freedom and justice which we claim for our +polity. And, that its provisions have sometimes gone so far +as to give alarm to not very susceptible minds, may be shown +from a remarkable debate in the year 1737. A bill having been +brought in by the ministers to prevent smuggling, which contained +some unusual clauses, it was strongly opposed, among +other peers, by Lord Chancellor Talbot himself, of course, in the +cabinet, and by Lord Hardwicke, then chief justice, a regularly +bred Crown lawyer, and in his whole life disposed to hold very +high the authority of government. They objected to a clause +subjecting any three persons travelling with arms, to the penalty +of transportation, on proof by two witnesses that their intention +was to assist in the clandestine landing, or carrying away prohibited +or uncustomed goods. "We have in our laws," said one +of the opposing lords, "no such thing as a crime by implication, +nor can a malicious intention ever be proved by witnesses. +Facts only are admitted to be proved, and from those facts the +judge and jury are to determine with what intention they were +committed; but no judge or jury can ever, by our laws, suppose, +much less determine, that an action, in itself innocent or indifferent, +was attended with a criminal and malicious intention. +Another security for our liberties is, that no subject can be +imprisoned unless some felonious and high crime be sworn +against him. This, with respect to private men, is the very +foundation stone of all our liberties; and, if we remove it, if we +but knock off a corner, we may probably overturn the whole +fabric. A third guard for our liberties is that right which every +subject has, not only to provide himself with arms proper for his +defence, but to accustom himself to the use of those arms, and to +travel with them whenever he has a mind." But the clause in +question, it was contended, was repugnant to all the maxims of +free government. No presumption of a crime could be drawn +<span class="pagenum"><a name="Page_254" id="Page_254">254</a></span> +from the mere wearing of arms, an act not only innocent, but +highly commendable; and therefore the admitting of witnesses +to prove that any of these men were armed, in order to assist in +smuggling, would be the admitting of witnesses to prove an +intention, which was inconsistent with the whole tenor of our +laws.<a name="FNanchor_406" id="FNanchor_406" href="#Footnote_406" class="fnanchor">[406]</a> + They objected to another provision, subjecting a party +against whom information should be given that he intended to +assist in smuggling, to imprisonment without bail, though the +offence itself were in its nature bailable; to another, which +made informations for assault upon officers of the revenue +triable in any county of England; and to a yet more startling +protection thrown round the same favoured class, that the +magistrates should be bound to admit them to bail on charges +of killing or wounding any one in the execution of their duty. +The bill itself was carried by no great majority; and the +provisions subsist at this day, or perhaps have received a +further extension.</p> + +<p>It will thus appear to every man who takes a comprehensive +view of our constitutional history, that the executive government, +though shorn of its lustre, has not lost so much of its real efficacy +by the consequences of the revolution as is often supposed; at +least, that with a regular army to put down insurrection, and +an influence sufficient to obtain fresh statutes of restriction, if +such should ever be deemed necessary, it is not exposed, in the +ordinary course of affairs, to any serious hazard. But we must +here distinguish the executive government, using that word in +its largest sense, from the Crown itself, or the personal authority +of the sovereign. This is a matter of rather delicate inquiry, +but too material to be passed by.</p> + +<p><i>Diminution of personal authority of the Crown.</i>—The real power +of the prince, in the most despotic monarchy, must have its limits +from nature, and bear some proportion to his courage, his +activity, and his intellect. The tyrants of the East become +puppets or slaves of their vizirs; or it turns to a game of cunning, +wherein the winner is he who shall succeed in tying the +bow-string round the other's neck. After some ages of feeble +monarchs, the titular royalty is found wholly separated from +the power of command, and glides on to posterity in its languid +channel, till some usurper or conqueror stops up the stream for +ever. In the civilised kingdoms of Europe, those very institutions +<span class="pagenum"><a name="Page_255" id="Page_255">255</a></span> +which secure the permanence of royal families, and afford +them a guarantee against manifest subjection to a minister, take +generally out of the hands of the sovereign the practical government +of his people. Unless his capacities are above the level +of ordinary kings, he must repose on the wisdom and diligence +of the statesmen he employs, with the sacrifice, perhaps, of his +own prepossessions in policy, and against the bent of his personal +affections. The power of a king of England is not to be compared +with an ideal absoluteness, but with that which could be +enjoyed in the actual state of society by the same person in a +less bounded monarchy.</p> + +<p>The descendants of William the Conqueror on the English +throne, down to the end of the seventeenth century, have been +a good deal above the average in those qualities which enable +or at least induce, kings to take on themselves a large share of +the public administration; as will appear by comparing their +line with that of the house of Capet, or perhaps most others +during an equal period. Without going farther back, we know +that Henry VII., Henry VIII., Elizabeth, the four kings of the +house of Stuart, though not always with as much ability as +diligence, were the master-movers of their own policy, not very +susceptible of advice, and always sufficiently acquainted with +the details of government to act without it. This was eminently +the case also with William III., who was truly his own minister, +and much better fitted for that office than those who served +him. The king, according to our constitution, is supposed to be +present in council, and was in fact usually, or very frequently, +present, so long as the council remained as a deliberative body +for matters of domestic and foreign policy. But, when a junto +or cabinet came to supersede that ancient and responsible +body, the king himself ceased to preside, and received their +advice separately, according to their respective functions of +treasurer, secretary, or chancellor, or that of the whole +cabinet through one of its leading members. This change +however was gradual; for cabinet councils were sometimes +held in the presence of William and Anne; to which other +counsellors, not strictly of that select number, were occasionally +summoned.</p> + +<p>But on the accession of the house of Hanover, this personal +superintendence of the sovereign necessarily came to an end. +The fact is hardly credible that, George I. being incapable of +speaking English, as Sir Robert Walpole was of conversing in +French, the monarch and his minister held discourse with each +<span class="pagenum"><a name="Page_256" id="Page_256">256</a></span> +other in Latin.<a name="FNanchor_407" id="FNanchor_407" href="#Footnote_407" class="fnanchor">[407]</a> + It is impossible that, with so defective a means +of communication (for Walpole, though by no means an illiterate +man, cannot be supposed to have spoken readily a language very +little familiar in this country), George could have obtained much +insight into his domestic affairs, or been much acquainted with +the characters of his subjects. We know, in truth, that he +nearly abandoned the consideration of both, and trusted his +ministers with the entire management of this kingdom, content +to employ its great name for the promotion of his electoral +interests. This continued in a less degree to be the case with +his son, who, though better acquainted with the language and +circumstances of Great Britain, and more jealous of his prerogative, +was conscious of his incapacity to determine on matters +of domestic government, and reserved almost his whole attention +for the politics of Germany.</p> + +<p><i>Party connections.</i>—The broad distinctions of party contributed +to weaken the real supremacy of the sovereign. It had +been usual before the revolution, and in the two succeeding +reigns, to select ministers individually at discretion; and, +though some might hold themselves at liberty to decline office, +it was by no means deemed a point of honour and fidelity to +do so. Hence men in the possession of high posts had no strong +bond of union, and frequently took opposite sides on public +measures of no light moment. The queen particularly was +always loth to discard a servant on account of his vote in parliament; +a conduct generous perhaps, but feeble, inconvenient, +when carried to such excess, in our constitution, and in effect +holding out a reward to ingratitude and treachery. But the +whigs having come exclusively into office under the line of +Hanover (which, as I have elsewhere observed, was inevitable), +formed a sort of phalanx, which the Crown was not always able +to break, and which never could have been broken, but for that +internal force of repulsion by which personal cupidity and +ambition are ever tending to separate the elements of factions. +It became the point of honour among public men to fight uniformly +under the same banner, though not perhaps for the same +cause; if indeed there was any cause really fought for, but the +advancement of a party. In this preference of certain denominations, +or of certain leaders, to the real principles which ought +<span class="pagenum"><a name="Page_257" id="Page_257">257</a></span> +to be the basis of political consistency, there was an evident +deviation from the true standard of public virtue; but the +ignominy attached to the dereliction of friends for the sake of +emolument, though it was every day incurred, must have tended +gradually to purify the general character of parliament. Meanwhile +the Crown lost all that party attachments gained; a truth +indisputable on reflection, though while the Crown and the party +in power act in the same direction, the relative efficiency of the +two forces is not immediately estimated. It was seen, however, +very manifestly in the year 1746; when, after long bickering +between the Pelhams and Lord Granville, the king's favourite +minister, the former, in conjunction with a majority of the +cabinet, threw up their offices, and compelled the king, after +an abortive effort at a new administration, to sacrifice his +favourite, and replace those in power whom he could not exclude +from it. The same took place in a later period of his reign, +when after many struggles he submitted to the ascendency of +Mr. Pitt.<a name="FNanchor_408" id="FNanchor_408" href="#Footnote_408" class="fnanchor">[408]</a> +</p> + +<p> +<span class="pagenum"><a name="Page_258" id="Page_258">258</a></span></p> + +<p>It seems difficult for any king of England, however conscientiously +observant of the lawful rights of his subjects, and +of the limitations they impose on his prerogative, to rest always +very content with this practical condition of the monarchy. +The choice of his counsellors, the conduct of government, are +intrusted, he will be told, by the constitution to his sole pleasure. +Yet both in the one and the other he finds a perpetual disposition +to restrain his exercise of power; and, though it is easy to +demonstrate that the public good is far better promoted by the +virtual control of parliament and the nation over the whole +executive government, than by adhering to the letter of the +constitution, it is not to be expected that the argument will +be conclusive to a royal understanding. Hence, he may be +tempted to play rather a petty game, and endeavour to regain, +by intrigue and insincerity, that power of acting by his own +will, which he thinks unfairly wrested from him. A king of +England, in the calculations of politics, is little more than one +among the public men of the day; taller indeed, like Saul or +Agamemnon, by the head and shoulders, and therefore with no +slight advantages in the scramble; but not a match for the +many, unless he can bring some dexterity to second his strength, +and make the best of the self-interest and animosities of those +with whom he has to deal. And of this there will generally be +so much, that in the long run he will be found to succeed in +the greater part of his desires. Thus George I. and George II., +in whom the personal authority seems to have been at the +lowest point it has ever reached, drew their ministers, not always +willingly, into that course of continental politics which was +supposed to serve the purposes of Hanover far better than of +England. It is well known that the Walpoles and the Pelhams +condemned in private this excessive predilection of their masters +for their native country, which alone could endanger their +English throne.<a name="FNanchor_409" id="FNanchor_409" href="#Footnote_409" class="fnanchor">[409]</a> + Yet after the two latter brothers had inveighed +<span class="pagenum"><a name="Page_259" id="Page_259">259</a></span> +against Lord Granville, and driven him out of power +for seconding the king's pertinacity in continuing the war of +1743, they went on themselves in the same track for at least +two years, to the imminent hazard of losing for ever the Low +Countries and Holland, if the French government, so indiscriminately +charged with ambition, had not displayed extraordinary +moderation at the treaty of Aix la Chapelle. The +twelve years that ensued gave more abundant proofs of the +submissiveness with which the schemes of George II. for the +good of Hanover were received by his ministers, though not by +his people; but the most striking instance of all is the abandonment +by Mr. Pitt himself of all his former professions in pouring +troops into Germany. I do not inquire whether a sense of +national honour might not render some of these measures justifiable, +though none of them were advantageous; but it is certain +that the strong bent of the king's partiality forced them on +against the repugnance of most statesmen, as well as of the +great majority in parliament and out of it.</p> + +<p>Comparatively however with the state of prerogative before +the revolution, we can hardly dispute that there has been a +<span class="pagenum"><a name="Page_260" id="Page_260">260</a></span> +systematic diminution of the reigning prince's control, which, +though it may be compensated or concealed in ordinary times +by the general influence of the executive administration, is of +material importance in a constitutional light. Independently +of other consequences which might be pointed out as probable +or contingent, it affords a real security against endeavours by +the Crown to subvert or essentially impair the other parts of +our government. For, though a king may believe himself and +his posterity to be interested in obtaining arbitrary power, it is +far less likely that a minister should desire to do so—I mean +arbitrary, not in relation to temporary or partial abridgments +of the subject's liberty, but to such projects as Charles I. and +James II. attempted to execute. What indeed might be effected +by a king, at once able, active, popular, and ambitious, should +such ever unfortunately appear in this country, it is not easy +to predict; certainly his reign would be dangerous, on one side +or other, to the present balance of the constitution. But +against this contingent evil, or the far more probable encroachments +of ministers, which, though not going the full length +of despotic power, might slowly undermine and contract the +rights of the people, no positive statutes can be devised so +effectual as the vigilance of the people themselves and their +increased means of knowing and estimating the measures of +their government.</p> + +<p><i>Influence of political writings.</i>—The publication of regular +newspapers, partly designed for the communication of intelligence, +partly for the discussion of political topics, may be +referred, upon the whole, to the reign of Anne, when they +obtained great circulation, and became the accredited organs +of different factions. The tory ministers, towards the close of +that reign, were annoyed at the vivacity of the press both in +periodical and other writings, which led to a stamp-duty, +intended chiefly to diminish their number, and was nearly +producing more pernicious restrictions, such as renewing the +licensing act, or compelling authors to acknowledge their names.<a name="FNanchor_410" id="FNanchor_410" href="#Footnote_410" class="fnanchor">[410]</a> + +These however did not take place, and the government more +honourably coped with their adversaries in the same warfare; +nor, with Swift and Bolingbroke on their side, could they +<span class="pagenum"><a name="Page_261" id="Page_261">261</a></span> +require, except indeed through the badness of their cause, any +aid from the arm of power.<a name="FNanchor_411" id="FNanchor_411" href="#Footnote_411" class="fnanchor">[411]</a> +</p> + +<p>In a single hour these two great masters of language were +changed from advocates of the Crown to tribunes of the people; +both more distinguished as writers in this altered scene of their +fortunes, and certainly among the first political combatants +with the weapons of the press whom the world has ever known. +Bolingbroke's influence was of course greater in England; and, +with all the signal faults of his public character, with all the +factiousness which dictated most of his writings and the indefinite +declamation or shallow reasoning which they frequently +display, they have merits not always sufficiently acknowledged. +He seems first to have made the tories reject their old tenets +of exalted prerogative and hereditary right, and scorn the high-church +theories which they had maintained under William and +Anne. His <i>Dissertation on Parties</i>, and <i>Letters on the History +of England</i>, are in fact written on whig principles (if I know +what is meant by that name) in their general tendency; however +a politician, who had always some particular end in view, +may have fallen into several inconsistencies. The same character +is due to the <i>Craftsman</i>, and to most of the temporary +pamphlets directed against Sir Robert Walpole. They teemed, +it is true, with exaggerated declamations on the side of liberty; +but that was the side they took; it was to generous prejudices +they appealed, nor did they ever advert to the times before the +revolution but with contempt or abhorrence. Libels there were +indeed of a different class, proceeding from the jacobite school; +but these obtained little regard; the jacobites themselves, or +such as affected to be so, having more frequently espoused that +cause from a sense of dissatisfaction with the conduct of the +reigning family than from much regard to the pretensions of the +other. Upon the whole matter it must be evident to every +person who is at all conversant with the publications of George +II.'s reign, with the poems, the novels, the essays, and almost +all the literature of the time, that what are called the popular +or liberal doctrines of government were decidedly prevalent. +The supporters themselves of the Walpole and Pelham administrations, +though professedly whigs, and tenacious of revolution +<span class="pagenum"><a name="Page_262" id="Page_262">262</a></span> +principles, made complaints, both in parliament and in pamphlets, +of the democratical spirit, the insubordination to authority, +the tendency to republican sentiments, which they alleged to +have gained ground among the people. It is certain that +the tone of popular opinion gave some countenance to these +assertions, though much exaggerated to create alarm in the +aristocratical classes, and furnish arguments against redress of +abuses.</p> + +<p><i>Publication of debates.</i>—The two houses of parliament are +supposed to deliberate with closed doors. It is always competent +for any one member to insist that strangers be excluded; +not on any special ground, but by merely enforcing the standing +order for that purpose. It has been several times resolved, that +it is a high breach of privilege to publish any speeches or proceedings +of the Commons; though they have since directed +their own votes and resolutions to be printed. Many persons +have been punished by commitment for this offence; and it is +still highly irregular, in any debate, to allude to the reports in +newspapers, except for the purpose of animadverting on the +breach of privilege.<a name="FNanchor_412" id="FNanchor_412" href="#Footnote_412" class="fnanchor">[412]</a> + Notwithstanding this pretended strictness, +notices of the more interesting discussions were frequently +made public; and entire speeches were sometimes circulated by +those who had sought popularity in delivering them. After +the accession of George I. we find a pretty regular account of +debates in an annual publication, Boyer's <i>Historical Register</i>, +which was continued to the year 1737. They were afterwards +published monthly, and much more at length, in the <i>London</i> +and the <i>Gentleman's Magazines</i>; the latter, as is well known, +improved by the pen of Johnson yet not so as to lose by any +<span class="pagenum"><a name="Page_263" id="Page_263">263</a></span> +means the leading scope of the arguments. It follows of course +that the restriction upon the presence of strangers had been +almost entirely dispensed with. A transparent veil was thrown +over this innovation by disguising the names of the speakers, +or more commonly by printing only initial and final letters. +This ridiculous affectation of concealment was extended to +many other words in political writings, and had not wholly +ceased in the American war.</p> + +<p>It is almost impossible to over-rate the value of this regular +publication of proceedings in parliament, carried as it has been +in our own time to nearly as great copiousness and accuracy +as is probably attainable. It tends manifestly and powerfully +to keep within bounds the supineness and negligence, the +partiality and corruption, to which every parliament, either +from the nature of its composition or the frailty of mankind, +must more or less be liable. Perhaps the constitution would +not have stood so long, or rather would have stood like an useless +and untenanted mansion, if this unlawful means had not kept +up a perpetual intercourse, a reciprocity of influence between +the parliament and the people. A stream of fresh air, boisterous +perhaps sometimes as the winds of the north, yet as healthy and +invigorating, flows in to renovate the stagnant atmosphere, and +to prevent that <i>malaria</i>, which self-interest and oligarchical +exclusiveness are always tending to generate. Nor has its +importance been less perceptible in affording the means of +vindicating the measures of government, and securing to them, +when just and reasonable, the approbation of the majority +among the middle ranks, whose weight in the scale has been +gradually increasing during the last and present centuries.</p> + +<p><i>Increased influence of the middle ranks.</i>—This augmentation +of the democratical influence, using that term as applied to the +commercial and industrious classes in contradistinction to the +territorial aristocracy, was the slow but certain effect of accumulated +wealth and diffused knowledge, acting however on the +traditional notions of freedom and equality which had ever +prevailed in the English people. The nation, exhausted by +the long wars of William and Anne, recovered strength in thirty +years of peace that ensued; and in that period, especially under +the prudent rule of Walpole, the seeds of our commercial greatness +were gradually ripened. It was evidently the most prosperous +season that England had ever experienced; and the +progression, though slow, being uniform, the reign perhaps of +George II. might not disadvantageously be compared, for the +<span class="pagenum"><a name="Page_264" id="Page_264">264</a></span> +real happiness of the community, with that more brilliant but +uncertain and oscillatory condition which has ensued. A distinguished +writer has observed that the labourer's wages have +never, at least for many ages, commanded so large a portion of +subsistence as in this part of the eighteenth century.<a name="FNanchor_413" id="FNanchor_413" href="#Footnote_413" class="fnanchor">[413]</a> + The +public debt, though it excited alarms from its magnitude, at +which we are now accustomed to smile, and though too little +care was taken for redeeming it, did not press very heavily on +the nation; as the low rate of interest evinces, the government +securities at three per cent. having generally stood above par. +In the war of 1743, which from the selfish practice of relying +wholly on loans did not much retard the immediate advance of +the country, and still more after the peace of Aix la Chapelle, +a striking increase of wealth became perceptible.<a name="FNanchor_414" id="FNanchor_414" href="#Footnote_414" class="fnanchor">[414]</a> + This was +shown in one circumstance directly affecting the character of +the constitution. The smaller boroughs, which had been from +the earliest time under the command of neighbouring peers and +gentlemen, or sometimes of the Crown, were attempted by rich +capitalists, with no other connection or recommendation than +one which is generally sufficient. This appears to have been +first observed in the general election of 1747 and 1754;<a name="FNanchor_415" id="FNanchor_415" href="#Footnote_415" class="fnanchor">[415]</a> + and +though the prevalence of bribery is attested by the statute-book, +and the journals of parliament from the revolution, it +seems not to have broken down all floodgates till near the end +of the reign of George II. The sale of seats in parliament, like +any other transferable property, is never mentioned in any book +that I remember to have seen of an earlier date than 1760. We +may dispense therefore with the enquiry in what manner this +extraordinary traffic has affected the constitution, observing +only that its influence must have tended to counteract that of +the territorial aristocracy, which is still sufficiently predominant. +The country gentlemen, who claimed to themselves a character +of more independence and patriotism than could be found in +any other class, had long endeavoured to protect their ascendancy +by excluding the rest of the community from parliament. +This was the principle of the bill, which, after being frequently +<span class="pagenum"><a name="Page_265" id="Page_265">265</a></span> +attempted, passed into a law during the tory administration of +Anne, requiring every member of the Commons, except those +for the universities, to possess, as a qualification for his seat, a +landed estate, above all incumbrances, of £300 a year.<a name="FNanchor_416" id="FNanchor_416" href="#Footnote_416" class="fnanchor">[416]</a> + By a +later act of George II., with which it was thought expedient, +by the government of the day, to gratify the landed interest, +this property must be stated on oath by every member on +taking his seat, and, if required, at his election.<a name="FNanchor_417" id="FNanchor_417" href="#Footnote_417" class="fnanchor">[417]</a> + The law is +however notoriously evaded; and though much might be urged +in favour of rendering a competent income the condition of +eligibility, few would be found at present to maintain that the +freehold qualification is not required both unconstitutionally, +according to the ancient theory of representation, and absurdly, +according to the present state of property in England. But I +am again admonished, as I have frequently been in writing these +last pages, to break off from subjects that might carry me too +far away from the business of this history; and, content with +compiling and selecting the records of the past, to shun the +difficult and ambitious office of judging the present, or of +speculating upon the future.</p> + +<p> +<span class="pagenum"><a name="Page_266" id="Page_266">266</a></span></p> + +<h2>CHAPTER XVII<br /> +<span class="s08">ON THE CONSTITUTION OF SCOTLAND—INTRODUCTION OF +THE FEUDAL SYSTEM</span></h2> + +<p>It is not very profitable to enquire into the constitutional +antiquities of a country which furnishes no authentic historian, +nor laws, nor charters, to guide our research, as is the case with +Scotland before the twelfth century. The latest and most +laborious of her antiquaries appears to have proved that her +institutions were wholly Celtic until that era, and greatly similar +to those of Ireland.<a name="FNanchor_418" id="FNanchor_418" href="#Footnote_418" class="fnanchor">[418]</a> + A total, though probably gradual, change +must therefore have taken place in the next age, brought about +by means which have not been satisfactorily explained. The +Crown became strictly hereditary, the governors of districts +took the appellation of earls, the whole kingdom was subjected +to a feudal tenure, the Anglo-Norman laws, tribunals, local and +municipal magistracies were introduced as far as the royal +influence could prevail; above all, a surprising number of +families, chiefly Norman, but some of Saxon or Flemish descent, +settled upon estates granted by the kings of Scotland, and +became the founders of its aristocracy. It was, as truly as some +time afterwards in Ireland, the encroachment of a Gothic and +feudal polity upon the inferior civilisation of the Celts, though +accomplished with far less resistance, and not quite so slowly. +Yet the Highland tribes long adhered to their ancient usages; +nor did the laws of English origin obtain in some other districts +two or three centuries after their establishment on both sides +of the Forth.<a name="FNanchor_419" id="FNanchor_419" href="#Footnote_419" class="fnanchor">[419]</a> +</p> + +<p><i>Scots parliament.</i>—It became almost a necessary consequence +from this adoption of the feudal system, and assimilation to the +English institutions, that the kings of Scotland would have +their general council or parliament upon nearly the same model +as that of the Anglo-Norman sovereigns they so studiously +imitated. If the statutes ascribed to William the Lion, contemporary +with our Henry II., are genuine, they were enacted, +as we should expect to find, with the concurrence of the bishops, +<span class="pagenum"><a name="Page_267" id="Page_267">267</a></span> +abbots, barons, and other good men (<span lang="la" xml:lang="la">probi homines</span>) of the +land; meaning doubtless the inferior tenants in capite.<a name="FNanchor_420" id="FNanchor_420" href="#Footnote_420" class="fnanchor">[420]</a> + These +laws indeed are questionable, and there is a great want of +unequivocal records till almost the end of the thirteenth century. +The representatives of boroughs are first distinctly mentioned +in 1326, under Robert I.; though some have been of opinion +that vestiges of their appearance in parliament may be traced +higher; but they are not enumerated among the classes present +in one held in 1315.<a name="FNanchor_421" id="FNanchor_421" href="#Footnote_421" class="fnanchor">[421]</a> + In the ensuing reign of David II., the +three estates of the realm are expressly mentioned as the legislative +advisers of the Crown.<a name="FNanchor_422" id="FNanchor_422" href="#Footnote_422" class="fnanchor">[422]</a> +</p> + +<p>A Scots parliament resembled an English one in the mode of +convocation, in the ranks that composed it, in the enacting +powers of the king, and the necessary consent of the three +estates; but differed in several very important respects. No +freeholders, except tenants in capite, had ever any right of +suffrage; which may, not improbably, have been in some +measure owing to the want of that Anglo-Saxon institution, +the county court. These feudal tenants of the Crown came in +person to parliament, as they did in England till the reign of +Henry III., and sat together with the prelates and barons in +one chamber. A prince arose in Scotland in the first part of +the fifteenth century, resembling the English Justinian in his +politic regard to strengthening his own prerogative and to +maintaining public order. It was enacted by a law of James I., +in 1427, that the smaller barons and free tenants "need not to +come to parliament, so that of every sheriffdom there be sent +two or more wise men, chosen at the head court," to represent +the rest. These were to elect a speaker, through whom they +were to communicate with the king and other estates.<a name="FNanchor_423" id="FNanchor_423" href="#Footnote_423" class="fnanchor">[423]</a> + This +was evidently designed as an assimilation to the English House +of Commons. But the statute not being imperative, no regard +was paid to this permission; and it is not till 1587 that we find +the representation of the Scots counties finally established by +law; though one important object of James's policy was never +attained, the different estates of parliament having always voted +promiscuously, as the spiritual and temporal lords in England. +<span class="pagenum"><a name="Page_268" id="Page_268">268</a></span></p> + +<p><i>Power of the aristocracy.</i>—But no distinction between the +national councils of the two kingdoms was more essential than +what appears to have been introduced into the Scots parliament +under David II. In the year 1367 a parliament having met at +Scone, a committee was chosen by the three estates, who seem +to have had full powers delegated to them, the others returning +home on account of the advanced season. The same was done +in one held next year, without any assigned pretext. But in +1369 this committee was chosen only to prepare all matters +determinable in parliament, or fit to be therein treated for the +decision of the three estates on the last day but one of the +session.<a name="FNanchor_424" id="FNanchor_424" href="#Footnote_424" class="fnanchor">[424]</a> + The former scheme appeared possibly, even to those +careless and unwilling legislators, too complete an abandonment +of their function. But even modified as it was in 1369, it tended +to devolve the whole business of parliament on this elective +committee, subsequently known by the appellation of lords of +the articles. It came at last to be the general practice, though +some exceptions to this rule may be found, that nothing was +laid before parliament without their previous recommendation; +and there seems reason to think that in the first parliament of +James I., in 1424, such full powers were delegated to the committee +as had been granted before in 1367 and 1368, and that +the three estates never met again to sanction their resolutions.<a name="FNanchor_425" id="FNanchor_425" href="#Footnote_425" class="fnanchor">[425]</a> + +The preparatory committee is not uniformly mentioned in the +preamble of statutes made during the reign of this prince and +his two next successors; but there may be no reason to infer +from thence that it was not appointed. From the reign of +James IV. the lords of articles are regularly named in the +records of every parliament.<a name="FNanchor_426" id="FNanchor_426" href="#Footnote_426" class="fnanchor">[426]</a> +</p> + +<p>It is said that a Scots parliament, about the middle of the +fifteenth century, consisted of near one hundred and ninety +persons.<a name="FNanchor_427" id="FNanchor_427" href="#Footnote_427" class="fnanchor">[427]</a> + We do not find however that more than half this +number usually attended. A list of those present in 1472 gives +but fourteen bishops and abbots, twenty-two earls and barons, +thirty-four lairds or lesser tenants in capite, and eight deputies +of boroughs.<a name="FNanchor_428" id="FNanchor_428" href="#Footnote_428" class="fnanchor">[428]</a> + The royal boroughs entitled to be represented +in parliament were above thirty; but it was a common usage +to choose the deputies of other towns as their proxies.<a name="FNanchor_429" id="FNanchor_429" href="#Footnote_429" class="fnanchor">[429]</a> + The +great object with them, as well as with the lesser barons, was +to save the cost and trouble of attendance. It appears indeed +<span class="pagenum"><a name="Page_269" id="Page_269">269</a></span> +that they formed rather an insignificant portion of the legislative +body. They are not named as consenting parties in several of +the statutes of James III.; and it seems that on some occasions +they had not been summoned to parliament, for an act was +passed in 1504, "that the commissaries and headsmen of the +burghs be warned when taxes or constitutions are given, to +have their advice therein, as one of the three estates of the +realm."<a name="FNanchor_430" id="FNanchor_430" href="#Footnote_430" class="fnanchor">[430]</a> + This however is an express recognition of their +right, though it might have been set aside by an irregular +exercise of power.</p> + +<p><i>Royal influence in parliament.</i>—It was a natural result from +the constitution of a Scots parliament, together with the general +state of society in that kingdom, that its efforts were almost +uniformly directed to augment and invigorate the royal authority. +Their statutes afford a remarkable contrast to those of England +in the absence of provisions against the exorbitances of prerogative.<a name="FNanchor_431" id="FNanchor_431" href="#Footnote_431" class="fnanchor">[431]</a> + +Robertson has observed that the kings of Scotland, +from the time at least of James I., acted upon a steady system +of repressing the aristocracy; and though this has been called +too refined a supposition, and attempts have been made to +explain otherwise their conduct, it seems strange to deny the +operation of a motive so natural, and so readily to be inferred +from their measures. The causes so well pointed out by this +historian, and some that might be added; the defensible nature +of great part of the country; the extensive possessions of some +powerful families; the influence of feudal tenure and Celtic +clanship; the hereditary jurisdiction, hardly controlled, even +<span class="pagenum"><a name="Page_270" id="Page_270">270</a></span> +in theory, by the supreme tribunals of the Crown; the custom +of entering into bonds of association for mutual defence; the +frequent minorities of the reigning princes; the necessary +abandonment of any strict regard to monarchical supremacy, +during the struggle for independence against England; the +election of one great nobleman to the Crown and its devolution +upon another; the residence of the two first of the Stuart name +in their own remote domains; the want of any such effective +counterpoise to the aristocracy as the sovereigns of England +possessed in its yeomanry and commercial towns, placed the +kings of Scotland in a situation which neither for their own nor +their people's interest they could be expected to endure. But +an impatience of submitting to the insolent and encroaching +temper of their nobles drove James I. (before whose time no +settled scheme of reviving the royal authority seems to have +been conceived), and his two next descendants into some courses +which, though excused or extenuated by the difficulties of their +position, were rather too precipitate and violent, and redounded +at least to their own destruction. The reign of James IV., from +his accession in 1488 to his unhappy death at Flodden in 1513, +was the first of tolerable prosperity; the Crown having by this +time obtained no inconsiderable strength, and the course of +law being somewhat more established, though the aristocracy +were abundantly capable of withstanding any material encroachment +upon their privileges.</p> + +<p>Though subsidies were, of course, occasionally demanded, +yet from the poverty of the realm, and the extensive domains +which the Crown retained, they were much less frequent than +in England, and thus one principal source of difference was +removed; nor do we read of any opposition in parliament to +what the Lords of articles thought fit to propound. Those who +disliked the government stood aloof from such meetings, where +the sovereign was in his vigour, and had sometimes crushed a +leader of faction by a sudden stroke of power; confident that +they could better frustrate the execution of laws than their enactment, +and that questions of right and privilege could never +be tried so advantageously as in the field. Hence it is, as I have +already observed, that we must not look to the statute-book of +Scotland for many limitations of monarchy. Even in one of +James II., which enacts that none of the royal domains shall for +the future be alienated, and that the king and his successors shall +be sworn to observe this law, it may be conjectured that a provision +rather derogatory in semblance to the king's dignity was +<span class="pagenum"><a name="Page_271" id="Page_271">271</a></span> +introduced by his own suggestion, as an additional security +against the importunate solicitations of the aristocracy whom +the statute was designed to restrain.<a name="FNanchor_432" id="FNanchor_432" href="#Footnote_432" class="fnanchor">[432]</a> + The next reign was the +struggle of an imprudent, and, as far as his means extended, +despotic prince, against the spirit of his subjects. In a parliament +of 1487, we find almost a solitary instance of a statute that +appears to have been directed against some illegal proceedings +of the government. It is provided that all civil suits shall be +determined by the ordinary judges, and not before the king's +council.<a name="FNanchor_433" id="FNanchor_433" href="#Footnote_433" class="fnanchor">[433]</a> + James III. was killed the next year in attempting to +oppose an extensive combination of the rebellious nobility. In +the reign of James IV., the influence of the aristocracy shows +itself rather more in legislation; and two peculiarities deserve +notice, in which, as it is said, the legislative authority of a Scots +parliament was far higher than that of our own. They were not +only often consulted about peace or war, which in some instances +was the case in England, but, at least in the sixteenth century, +their approbation seems to have been necessary.<a name="FNanchor_434" id="FNanchor_434" href="#Footnote_434" class="fnanchor">[434]</a> + This, though +not consonant to our modern notions, was certainly no more +than the genius of the feudal system and the character of a great +deliberative council might lead us to expect; but a more remarkable +singularity was, that what had been propounded by +the lords of articles, and received the ratification of the three +estates, did not require the king's consent to give it complete +validity. Such at least is said to have been the Scots constitution +in the time of James VI.; though we may demand very full +proof of such an anomaly, which the language of their statutes, +expressive of the king's enacting power, by no means leads us +to infer.<a name="FNanchor_435" id="FNanchor_435" href="#Footnote_435" class="fnanchor">[435]</a> +</p> + +<p><i>Judicial power.</i>—The kings of Scotland had always their <span lang="la" xml:lang="la">aula</span> +or <span lang="la" xml:lang="la">curia regis</span>, claiming a supreme judicial authority, at least +in some causes, though it might be difficult to determine its +boundaries, or how far they were respected. They had also +bailiffs to administer justice in their own domains, and sheriffs in +every county for the same purpose, wherever grants of regality +did not exclude their jurisdiction. These regalities were hereditary +and territorial; they extended to the infliction of capital +punishment; the lord possessing them might reclaim or re-pledge +(as it was called, from the surety he was obliged to give +that he would himself do justice) any one of his vassals who +was accused before another jurisdiction. The barons, who also +<span class="pagenum"><a name="Page_272" id="Page_272">272</a></span> +had cognisance of most capital offences, and the royal boroughs, +enjoyed the same privilege. An appeal lay, in civil suits, from +the baron's court to that of the sheriff or lord of regality, and +ultimately to the parliament, or to a certain number of persons +to whom it delegated its authority.<a name="FNanchor_436" id="FNanchor_436" href="#Footnote_436" class="fnanchor">[436]</a> +</p> + +<p><i>Court of Session.</i>—This appellant jurisdiction of parliament, +as well as that of the king's privy council, which was original, +came, by a series of provisions from the year 1425 to 1532, into +the hands of a supreme tribunal thus gradually constituted in +its present form, the court of session. It was composed of +fifteen judges, half of whom, besides the president, were at first +churchmen, and soon established an entire subordination of the +local courts in all civil suits. But it possessed no competence +in criminal proceedings; the hereditary jurisdictions remained +unaffected for some ages, though the king's two justiciaries, +replaced afterwards by a court of six judges, went their circuits +even through those counties wherein charters of regality had +been granted. Two remarkable innovations seem to have +accompanied, or to have been not far removed in time from, the +first formation of the court of session; the discontinuance of +juries in civil causes, and the adoption of so many principles +from the Roman law as have given the jurisprudence of Scotland +a very different character from our own.<a name="FNanchor_437" id="FNanchor_437" href="#Footnote_437" class="fnanchor">[437]</a> +</p> + +<p>In the reign of James V. it might appear probable that by the +influence of laws favourable to public order, better enforced +through the council and court of session than before, by the final +subjugation of the house of Douglas and of the Earls of Ross in +the North, and some slight increase of wealth in the towns, +conspiring with the general tendency of the sixteenth century +throughout Europe, the feudal spirit would be weakened and +kept under in Scotland or display itself only in a parliamentary +resistance to what might become in its turn dangerous, the encroachments +of arbitrary power. But immediately afterwards +a new and unexpected impulse was given; religious zeal, so +blended with the ancient spirit of aristocratic independence that +the two motives are scarcely distinguishable, swept before it in +the first whirlwind almost every vestige of the royal sovereignty. +The Roman catholic religion was abolished with the forms indeed +of a parliament, but of a parliament not summoned by the +Crown, and by acts that obtained not its assent. The Scots +<span class="pagenum"><a name="Page_273" id="Page_273">273</a></span> +church had been immensely rich; its riches had led, as everywhere +else, to neglect of duties and dissoluteness of life; and +these vices had met with their usual punishment in the people's +hatred.<a name="FNanchor_438" id="FNanchor_438" href="#Footnote_438" class="fnanchor">[438]</a> + The reformed doctrines gained a more rapid and +general ascendancy than in England, and were accompanied +with a more strenuous and uncompromising enthusiasm. It is +probable that no sovereign retaining a strong attachment to +the ancient creed would long have been permitted to reign; +and Mary is entitled to every presumption, in the great controversy +that belongs to her name, that can reasonably be founded +on this admission. But, without deviating into that long and +intricate discussion, it may be given as the probable result of +fair inquiry, that to impeach the characters of most of her +adversaries would be a far easier task than to exonerate her own.<a name="FNanchor_439" id="FNanchor_439" href="#Footnote_439" class="fnanchor">[439]</a> +</p> + +<p><i>Power of the presbyterian clergy.</i>—The history of Scotland from +<span class="pagenum"><a name="Page_274" id="Page_274">274</a></span> +the reformation assumes a character, not only unlike that of +preceding times, but to which there is no parallel in modern +ages. It became a contest, not between the Crown and the +feudal aristocracy as before, nor between the assertors of prerogative +and of privilege, as in England, nor between the +possessors of established power and those who deemed themselves +oppressed by it, as is the usual source of civil discord, +but between the temporal and spiritual authorities, the Crown +and the church; that in general supported by the legislature, +this sustained by the voice of the people. Nothing of this kind, +at least in anything like so great a degree, has occurred in other +protestant countries; the Anglican church being, in its original +constitution, bound up with the state as one of its component +parts, but subordinate to the whole; and the ecclesiastical +order in the kingdoms and commonwealths of the continent +being either destitute of temporal authority, or at least subject +to the civil magistrate's supremacy.</p> + +<p>Knox, the founder of the Scots' reformation, and those who +concurred with him, both adhered to the theological system of +Calvin, and to the scheme of polity he had introduced at Geneva, +with such modifications as became necessary from the greater +scale on which it was to be practised. Each parish had its +minister, lay-elder, and deacon, who held their kirk-session for +spiritual jurisdiction and other purposes; each ecclesiastical province +its synod of ministers and delegated elders presided over +by a superintendent; but the supreme power resided in the +general assembly of the Scots' church, constituted of all ministers +of parishes, with an admixture of delegated laymen, to which +appeals from inferior judicatories lay, and by whose determinations +or canons the whole were bound. The superintendents +had such a degree of episcopal authority as seems implied in their +name, but concurrently with the parochial ministers, and in +subordination to the general assembly; the number of these +was designed to be ten, but only five were appointed.<a name="FNanchor_440" id="FNanchor_440" href="#Footnote_440" class="fnanchor">[440]</a> + This +form of church polity was set up in 1560; but according to the +irregular state of things at that time in Scotland, though fully +admitted and acted upon, it had only the authority of the +<span class="pagenum"><a name="Page_275" id="Page_275">275</a></span> +church, with no confirmation of parliament; which seems to +have been the first step of the former towards the independency +it came to usurp. Meanwhile it was agreed that the Roman +catholic prelates, including the regulars, should enjoy two-thirds +of their revenues, as well as their rank and seats in parliament; +the remaining third being given to the Crown, out of which +stipends should be allotted to the protestant clergy. Whatever +violence may be imputed to the authors of the Scots' reformation, +this arrangement seems to display a moderation which we +should vainly seek in our own. The new church was, however, +but inadequately provided for; and perhaps we may attribute +some part of her subsequent contumacy and encroachment on +the state to the exasperation occasioned by the latter's parsimony, +or rather rapaciousness, in the distribution of ecclesiastical +estates.<a name="FNanchor_441" id="FNanchor_441" href="#Footnote_441" class="fnanchor">[441]</a> +</p> + +<p>It was doubtless intended by the planners of a presbyterian +model, that the bishoprics should be extinguished by the death +of the possessors, and their revenues be converted, partly to the +maintenance of the clergy, partly to other public interests. But +it suited better the men in power to keep up the old appellations +for their own benefit. As the catholic prelates died away, they +were replaced by protestant ministers, on private compacts to +alienate the principal part of the revenues to those through +whom they were appointed. After some hesitation, a convention +of the church, in 1572, agreed to recognise these bishops, +until the king's majority and a final settlement by the legislature, +and to permit them a certain portion of jurisdiction, though not +greater than that of the superintendent, and equally subordinate +to the general assembly. They were not consecrated; nor +would the slightest distinction of order have been endured by +the church. Yet even this moderated episcopacy gave offence +to ardent men, led by Andrew Melville, the second name to Knox +in the ecclesiastical history of Scotland; and, notwithstanding +their engagement to leave things as they were till the determination +of parliament, the general assembly soon began to +restrain the bishops by their own authority, and finally to enjoin +them, under pain of excommunication, to lay down an office +which they voted to be destitute of warrant from the word of +God, and injurious to the church. Some of the bishops submitted +to this decree; others, as might be expected, stood out +<span class="pagenum"><a name="Page_276" id="Page_276">276</a></span> +in defence of their dignity, and were supported both by the +king and by all who conceived that the supreme power of +Scotland, in establishing and endowing the church, had not +constituted a society independent of the commonwealth. A +series of acts in 1584, at a time when the court had obtained a +temporary ascendant, seemed to restore the episcopal government +in almost its pristine lustre. But the popular voice was +loud against episcopacy; the prelates were discredited by their +simoniacal alienations of church-revenues, and by their connection +with the court; the king was tempted to annex most of +their lands to the Crown by an act of parliament in 1587; +Adamson, Archbishop of St. Andrews, who had led the episcopal +party, was driven to a humiliating retractation before the general +assembly; and, in 1592, the sanction of the legislature was for +the first time obtained to the whole scheme of presbyterian +polity; and the laws of 1584 were for the most part abrogated.</p> + +<p>The school of Knox, if so we may call the early presbyterian +ministers of Scotland, was full of men breathing their master's +spirit; acute in disputation, eloquent in discourse, learned +beyond what their successors have been, and intensely zealous +in the cause of reformation. They wielded the people at will; +who, except in the Highlands, threw off almost with unanimity +the old religion, and took alarm at the slightest indication of its +revival. Their system of local and general assemblies infused, +together with the forms of a republic, its energy and impatience +of exterior control, combined with the concentration and unity of +purpose that belongs to the most vigorous government. It must +be confessed that the unsettled state of the kingdom, the faults +and weakness of the regents Lennox and Morton, the inauspicious +beginning of James's personal administration under the sway of +unworthy favourites, the real perils of the reformed church, gave +no slight pretext for the clergy's interference with civil policy. +Not merely in their representative assemblies, but in the pulpits, +they perpetually remonstrated, in no guarded language, against +the misgovernment of the court, and even the personal indiscretions +of the king. This they pretended to claim as a privilege +beyond the restraint of law. Andrew Melville, second only to +Knox among the heroes of the presbyterian church, having been +summoned before the council in 1584, to give an account of some +seditious language alleged to have been used by him in the pulpit, +declined its jurisdiction, on the ground that he was only +responsible, in the first instance, to his presbytery for words so +spoken, of which the king and council could not judge without +<span class="pagenum"><a name="Page_277" id="Page_277">277</a></span> +violating the immunities of the church. Precedents for such an +immunity it would not have been difficult to find; but they must +have been sought in the archives of the enemy. It was rather +early for the new republic to emulate the despotism she had +overthrown. Such, however, is the uniformity with which the +same passions operate on bodies of men in similar circumstances; +and so greedily do those, whose birth has placed them far beneath +the possession of power, intoxicate themselves with its unaccustomed +enjoyments. It has been urged in defence of +Melville, that he only denied the competence of a secular +tribunal in the first instance; and that, after the ecclesiastical +forum had pronounced on the spiritual offence, it was not +disputed that the civil magistrate might vindicate his own +authority.<a name="FNanchor_442" id="FNanchor_442" href="#Footnote_442" class="fnanchor">[442]</a> + But not to mention that Melville's claim, as I +understand it, was to be judged by his presbytery in the first +instance, and ultimately by the general assembly, from which, +according to the presbyterian theory, no appeal lay to a civil +court; it is manifest that the government would have come to +a very disadvantageous conflict with a man, to whose defence +the ecclesiastical judicature had already pledged itself. For in +the temper of those times it was easy to foresee the determination +of a synod or presbytery.</p> + +<p>James however and his counsellors were not so feeble as to +endure this open renewal of those extravagant pretensions which +Rome had taught her priesthood to assert. Melville fled to +England; and a parliament that met the same year sustained +the supremacy of the civil power with that violence and dangerous +latitude of expression so frequent in the Scots' statute-book. +It was made treason to decline the jurisdiction of the king or +council in any matter, to seek the diminution of the power of +any of the three estates of parliament, which struck at all that +had been done against episcopacy, to utter, or to conceal, when +heard from others in sermons or familiar discourse, any false or +slanderous speeches to the reproach of the king, his council, or +their proceedings, or to the dishonour of his parents and progenitors, +or to meddle in the affairs of state. It was forbidden +to treat or consult on any matter of state, civil or ecclesiastical, +without the king's express command; thus rendering the general +assembly for its chief purposes, if not its existence, altogether +dependent on the Crown. Such laws not only annihilated the +<span class="pagenum"><a name="Page_278" id="Page_278">278</a></span> +pretended immunities of the church, but went very far to set up +that tyranny, which the Stuarts afterwards exercised in Scotland +till their expulsion. These were in part repealed, so far as +affected the church, in 1592; but the Crown retained the exclusive +right of convening its general assembly, to which the presbyterian +hierarchy still gives but an evasive and reluctant +obedience.<a name="FNanchor_443" id="FNanchor_443" href="#Footnote_443" class="fnanchor">[443]</a> +</p> + +<p>These bold demagogues were not long in availing themselves +of the advantage which they had obtained in the parliament of +1592, and through the troubled state of the realm. They began +again to intermeddle with public affairs, the administration of +which was sufficiently open to censure. This licence brought +on a new crisis in 1596. Black, one of the ministers of St. +Andrews, inveighing against the government from the pulpit, +painted the king and queen, as well as their council, in the +darkest colours, as dissembling enemies to religion. James, +incensed at this attack, caused him to be summoned before the +privy council. The clergy decided to make common cause with +the accused. The council of the church, a standing committee +lately appointed by the general assembly, enjoined Black to +decline the jurisdiction. The king by proclamation directed +the members of this council to retire to their several parishes. +They resolved, instead of submitting, that since they were +convened by the warrant of Christ, in a most needful and +dangerous time, to see unto the good of the church, they should +obey God rather than man. The king offered to stop the proceedings, +if they would but declare that they did not decline +the civil jurisdiction absolutely, but only in the particular case, +as being one of slander, and consequently of ecclesiastical competence. +For Black had asserted before the council, that +speeches delivered in the pulpits, although alleged to be treasonable, +could not be judged by the king, until the church had first +taken cognisance thereof. But these ecclesiastics, in the full +spirit of the thirteenth century, determined by a majority not +to recede from their plea. Their contest with the court soon +excited the populace of Edinburgh, and gave rise to a tumult, +which, whether dangerous or not to the king, was what no +government could pass over without utter loss of authority.</p> + +<p>It was in church assemblies alone that James found opposition. +His parliament, as had invariably been the case in Scotland, +went readily into all that was proposed to them; nor can +we doubt that the gentry must for the most part have revolted +<span class="pagenum"><a name="Page_279" id="Page_279">279</a></span> +from these insolent usurpations of the ecclesiastical order. It +was ordained in parliament, that every minister should declare +his submission to the king's jurisdiction in all matters civil and +criminal; that no ecclesiastical judicatory should meet without +the king's consent, and that a magistrate might commit to +prison any minister reflecting in his sermons on the king's +conduct. He had next recourse to an instrument of power +more successful frequently than intimidation, and generally +successful in conjunction with it; gaining over the members +of the general assembly, some by promises, some by exciting +jealousies, till they surrendered no small portion of what had +passed for the privileges of the church. The Crown obtained +by their concession, which then seemed almost necessary to +confirm what the legislature had enacted, the right of convoking +assemblies, and of nominating ministers in the principal +towns.</p> + +<p><i>Establishment of episcopacy.</i>—James followed up this victory +by a still more important blow. It was enacted that fifty-one +ministers, on being nominated by the king to titular bishoprics +and other prelacies, might sit in parliament as representatives +of the church. This seemed justly alarming to the zealots of +party; nor could the general assembly be brought to acquiesce +without such very considerable restrictions upon these suspicious +commissioners, by which name they prevailed to have +them called, as might in some measure afford security against +the revival of that episcopal domination, towards which the +endeavours of the Crown were plainly directed. But the king +paid little regard to these regulations; and thus the name +and parliamentary station of bishops were restored in Scotland +after only six years from their abolition.<a name="FNanchor_444" id="FNanchor_444" href="#Footnote_444" class="fnanchor">[444]</a> +</p> + +<p>A king like James, not less conceited of his wisdom than full +of the dignity of his station, could not avoid contracting that +insuperable aversion to the Scottish presbytery, which he +expressed in his <i>Basilicon Doron</i>, before his accession to the +English throne, and more vehemently on all occasions afterwards. +He found a very different race of churchmen, well +trained in the supple school of courtly conformity, and emulous +flatterers both of his power and his wisdom. The ministers of +Edinburgh had been used to pray that God would turn his +heart: Whitgift, at the conference of Hampton Court, falling +on his knees, exclaimed, that he doubted not his majesty spoke +by the special grace of God. It was impossible that he should +<span class="pagenum"><a name="Page_280" id="Page_280">280</a></span> +not redouble his endeavours to introduce so convenient a system +of ecclesiastical government into his native kingdom. He +began, accordingly, to prevent the meetings of the general +assembly by continued prorogations. Some hardy presbyterians +ventured to assemble of their own authority; which the +lawyers construed into treason. The bishops were restored by +parliament, in 1606, to a part of their revenues; the act annexing +these to the Crown being repealed. They were appointed +by an ecclesiastical convention, more subservient to the Crown +than formerly, to be perpetual moderators of provincial synods. +The clergy still gave way with reluctance; but the Crown +had an irresistible ascendancy in parliament; and in 1610 the +episcopal system was thoroughly established. The powers of +ordination, as well as jurisdiction, were solely vested in the +prelates; a court of high commission was created on the English +model; and, though the general assembly of the church still +continued, it was merely as a shadow, and almost mockery, of +its original importance. The bishops now repaired to England +for consecration; a ceremony deemed essential in the new +school that now predominated in the Anglican church; and +this gave a final blow to the polity in which the Scottish reformation +had been founded.<a name="FNanchor_445" id="FNanchor_445" href="#Footnote_445" class="fnanchor">[445]</a> + With far more questionable prudence, +James, some years afterwards, forced upon the people of +Scotland what were called the five articles of Perth, reluctantly +adopted by a general assembly held there in 1617. These were +matters of ceremony, such as the posture of kneeling in the +eucharist, the rite of confirmation, and the observance of certain +holidays; but enough to alarm a nation fanatically abhorrent +of every approximation to the Roman worship, and already +incensed by what they deemed the corruption and degradation +of their church.<a name="FNanchor_446" id="FNanchor_446" href="#Footnote_446" class="fnanchor">[446]</a> +</p> + +<p>That church, if indeed it preserved its identity, was wholly +changed in character; and became as much distinguished in its +episcopal form by servility and corruption as during its presbyterian +democracy by faction and turbulence. The bishops at +its head, many of them abhorred by their own countrymen as +apostates and despised for their vices, looked for protection to +the sister church of England in its pride and triumph. It had +long been the favourite project of the court, as it naturally was +of the Anglican prelates, to assimilate in all respects the two +establishments. That of Scotland still wanted one essential +<span class="pagenum"><a name="Page_281" id="Page_281">281</a></span> +characteristic, a regular liturgy. But in preparing what was +called the service book, the English model was not closely +followed; the variations having all a tendency towards the +Romish worship. It is far more probable that Laud intended +these to prepare the way for a similar change in England, than +that, as some have surmised, the Scottish bishops, from a notion +of independence, chose thus to distinguish their own ritual. +What were the consequences of this unhappy innovation, +attempted with that ignorance of mankind which kings and +priests, when left to their own guidance, usually display, it is +here needless to mention. In its ultimate results, it preserved +the liberties and overthrew the monarchy of England. In its +more immediate effects, it gave rise to the national covenant of +Scotland; a solemn pledge of unity and perseverance in a great +public cause, long since devised when the Spanish armada +threatened the liberties and religion of all Britain, but now +directed against the domestic enemies of both. The episcopal +government had no friends, even among those who served the +king. To him it was dear by the sincerest conviction, and by +its connection with absolute power, still more close and direct +than in England. But he had reduced himself to a condition +where it was necessary to sacrifice his authority in the smaller +kingdom, if he would hope to preserve it in the greater; and +in this view he consented, in the parliament of 1641, to restore +the presbyterian discipline of the Scottish church; an offence +against his conscience (for such his prejudices led him to +consider it) which he deeply afterwards repented, when he +discovered how absolutely it had failed of serving his interests.</p> + +<p><i>Innovations of Charles I.</i>—In the great struggle with Charles +against episcopacy, the encroachments of arbitrary rule, for +the sake of which, in a great measure, he valued that form of +church polity, were not overlooked; and the parliament of 1641 +procured some essential improvements in the civil constitution +of Scotland. Triennial sessions of the legislature, and other +salutary reformations, were borrowed from their friends and +coadjutors in England. But what was still more important, +was the abolition of that destructive control over the legislature, +which the Crown had obtained through the lords of articles. +These had doubtless been originally nominated by the several +estates in parliament, solely to expedite the management of +business, and relieve the entire body from attention to it. But, +as early as 1561, we find a practice established, that the spiritual +lords should choose the temporal, generally eight in number, +<span class="pagenum"><a name="Page_282" id="Page_282">282</a></span> +who were to sit on this committee, and conversely; the burgesses +still electing their own. To these it became usual to add +some of the officers of state; and in 1617 it was established that +eight of them should be on the list. Charles procured, without +authority of parliament, a further innovation in 1633. The +bishops chose eight peers, the peers eight bishops; and these +appointed sixteen commissioners of shires and boroughs. Thus +the whole power devolved upon the bishops, the slaves and +sycophants of the Crown. The parliament itself met only on +two days, the first and last of their pretended session, the one +time in order to choose the lords of articles, the other, to ratify +what they proposed.<a name="FNanchor_447" id="FNanchor_447" href="#Footnote_447" class="fnanchor">[447]</a> + So monstrous an anomaly could not long +subsist in a high-spirited nation. This improvident assumption +of power by low-born and odious men precipitated their downfall, +and made the destruction of the hierarchy appear the +necessary guarantee for parliamentary independence, and the +ascendant of the aristocracy. But, lest the court might, in +some other form, regain this preliminary or initiative voice in +legislation, which the experience of many governments has +shown to be the surest method of keeping supreme authority +in their hands, it was enacted in 1641, that each estate might +choose lords of articles or not, at its discretion; but that all +propositions should in the first instance be submitted to the +whole parliament, by whom such only as should be thought +fitting might be referred to the committee of articles for consideration.</p> + +<p><i>Arbitrary government.</i>—This parliament, however, neglected +to abolish one of the most odious engines that tyranny ever +devised against public virtue, the Scots law of treason. It had +been enacted by a statute of James I. in 1424, that all leasing-makers, +and tellers of what might engender discord between +the king and his people, should forfeit life and goods.<a name="FNanchor_448" id="FNanchor_448" href="#Footnote_448" class="fnanchor">[448]</a> + This act +was renewed under James II. It was aimed at the factious +aristocracy, who perpetually excited the people by invidious +reproaches against the king's administration. But in 1584, a +new antagonist to the Crown having appeared in the presbyterian +pulpits, it was determined to silence opposition by giving +the statute of leasing-making, as it was denominated, a more +sweeping operation. Its penalties were accordingly extended +to such as should "utter untrue or slanderous speeches, to the +disdain, reproach, and contempt of his highness, his parents +<span class="pagenum"><a name="Page_283" id="Page_283">283</a></span> +and progenitors, or should meddle in the affairs of his highness +or his estate." The "hearers and not reporters thereof" were +subjected to the same punishment. It may be remarked that +these Scots statutes are worded with a latitude never found in +England, even in the worst times of Henry VIII. Lord Balmerino, +who had opposed the court in the parliament of 1633, +retained in his possession a copy of an apology intended to have +been presented by himself and other peers in their exculpation, +but from which they had desisted, in apprehension of the king's +displeasure. This was obtained clandestinely, and in breach of +confidence, by some of his enemies; and he was indicted on the +statute of leasing-making, as having concealed a slander against +his majesty's government. A jury was returned with gross +partiality; yet so outrageous was the attempted violation of +justice that Balmerino was only convicted by a majority of +eight against seven. For in Scots juries a simple majority was +sufficient, as it is still in all cases except treason. It was not +thought expedient to carry this sentence into execution; but +the kingdom could never pardon its government so infamous a +stretch of power.<a name="FNanchor_449" id="FNanchor_449" href="#Footnote_449" class="fnanchor">[449]</a> + The statute itself however seems not to +have shared the same odium; we do not find any effort made +for its repeal; and the ruling party in 1641, unfortunately, did +not scruple to make use of its sanguinary provisions against +their own adversaries.<a name="FNanchor_450" id="FNanchor_450" href="#Footnote_450" class="fnanchor">[450]</a> +</p> + +<p>The conviction of Balmerino is hardly more repugnant to +justice than some other cases in the long reign of James VI. +Eight years after the execution of the Earl of Gowrie and his +brother, one Sprot, a notary, having indiscreetly mentioned +that he was in possession of letters, written by a person since +dead, which evinced his participation in that mysterious conspiracy, +was put to death for concealing them.<a name="FNanchor_451" id="FNanchor_451" href="#Footnote_451" class="fnanchor">[451]</a> + Thomas Ross +suffered, in 1618, the punishment of treason for publishing at +Oxford a blasphemous libel, as the indictment calls it, against +the Scots nation.<a name="FNanchor_452" id="FNanchor_452" href="#Footnote_452" class="fnanchor">[452]</a> + I know not what he could have said worse +than what their sentence against him enabled others to say, +<span class="pagenum"><a name="Page_284" id="Page_284">284</a></span> +that, amidst a great vaunt of Christianity and civilisation, they +took away men's lives by such statutes, and such constructions +of them, as could only be paralleled in the annals of the worst +tyrants. By an act of 1584, the privy council were empowered +to examine an accused party on oath; and, if he declined to +answer any question, it was held denial of their jurisdiction, +and amounted to a conviction of treason. This was experienced +by two jesuits, Crighton and Ogilvy in 1610 and 1615, the latter +of whom was executed.<a name="FNanchor_453" id="FNanchor_453" href="#Footnote_453" class="fnanchor">[453]</a> + One of the statutes upon which he +was indicted contained the singular absurdity of "annulling +and rescinding everything done, or hereafter to be done, in +prejudice of the royal prerogative, in any time bygone or to +come."</p> + +<p><i>Civil war.</i>—It was perhaps impossible that Scotland should remain +indifferent in the great quarrel of the sister kingdom. But +having set her heart upon two things incompatible in themselves +from the outset, according to the circumstances of England, +and both of them ultimately impracticable, the continuance +of Charles on the throne and the establishment of a presbyterian +church, she fell into a long course of disaster and ignominy, +till she held the name of a free constitution at the will of a +conqueror. Of the three most conspicuous among her nobility +in this period, each died by the hand of the executioner; but +the resemblance is in nothing besides; and the characters of +Hamilton, Montrose, and Argyle are not less contrasted than +the factions of which they were the leaders. Humbled and +broken down, the people looked to the re-establishment of +Charles II. on the throne of his fathers, though brought about +by the sternest minister of Cromwell's tyranny, not only as the +augury of prosperous days, but as the obliteration of public +dishonour.</p> + +<p><i>Tyrannical government of Charles II.</i>—They were miserably +deceived in every hope. Thirty infamous years consummated +the misfortunes and degradation of Scotland. Her factions +<span class="pagenum"><a name="Page_285" id="Page_285">285</a></span> +have always been more sanguinary, her rulers more oppressive, +her sense of justice and humanity less active, or at least shown +less in public acts, than can be charged against England. The +parliament of 1661, influenced by wicked statesmen and lawyers, +left far behind the Royalist Commons of London; and rescinded +as null the entire acts of 1641, on the absurd pretext that the +late king had passed them through force. The Scots' constitution +fell back at once to a state little better than despotism. +The lords of articles were revived, according to the same form +of election as under Charles I. A few years afterwards the +Duke of Lauderdale obtained the consent of parliament to an +act, that whatever the king and council should order respecting +all ecclesiastical matters, meetings, and persons, should have +the force of law. A militia, or rather army, of 22,000 men, was +established, to march wherever the council should appoint, and +the honour and safety of the king require. Fines to the amount +of £85,000, an enormous sum in that kingdom, were imposed on +the covenanters. The Earl of Argyle brought to the scaffold +by an outrageous sentence, his son sentenced to lose his life on +such a construction of the ancient law against leasing-making +as no man engaged in political affairs could be sure to escape, +the worst system of constitutional laws administered by the +worst men, left no alternative but implicit obedience or desperate +rebellion.</p> + +<p>The presbyterian church of course fell by the act, which +annulled the parliament wherein it had been established. Episcopacy +revived, but not as it had once existed in Scotland; the +jurisdiction of the bishops became unlimited; the general +assemblies, so dear to the people, were laid aside.<a name="FNanchor_454" id="FNanchor_454" href="#Footnote_454" class="fnanchor">[454]</a> + The new +prelates were odious as apostates, and soon gained a still more +indelible title to popular hatred as persecutors. Three hundred +and fifty of the presbyterian clergy (more than one-third of the +whole number) were ejected from their benefices.<a name="FNanchor_455" id="FNanchor_455" href="#Footnote_455" class="fnanchor">[455]</a> + Then began +the preaching in conventicles, and the secession of the excited +and exasperated multitude from the churches; and then ensued +the ecclesiastical commission with its inquisitorial vigilance, its +fines and corporal penalties, and the free quarters of the soldiery, +<span class="pagenum"><a name="Page_286" id="Page_286">286</a></span> +with all that can be implied in that word. Then came the +fruitless insurrection, and the fanatical assurance of success, +and the certain discomfiture by a disciplined force, and the +consternation of defeat, and the unbounded cruelties of the +conqueror. And this went on with perpetual aggravation, or +very rare intervals, through the reign of Charles; the tyranny +of Lauderdale far exceeding that of Middleton, as his own fell +short of the Duke of York's. No part, I believe, of modern +history for so long a period, can be compared for the wickedness +of government to the Scots administration of this reign. In +proportion as the laws grew more rigorous against the presbyterian +worship, its followers evinced more steadiness; driven +from their conventicles, they resorted, sometimes by night, to +the fields, the woods, the mountains; and, as the troops were +continually employed to disperse them, they came with arms +which they were often obliged to use; and thus the hour, the +place, the circumstance, deepened every impression, and bound +up their faith with indissoluble associations. The same causes +produced a dark fanaticism, which believed the revenge of its +own wrongs to be the execution of divine justice; and, as this +acquired new strength by every successive aggravation of +tyranny, it is literally possible that a continuance of the Stuart +government might have led to something very like an extermination +of the people in the western counties of Scotland. In the +year 1676 letters of intercommuning were published; a writ +forbidding all persons to hold intercourse with the parties put +under its ban, or to furnish them with any necessary of life on +pain of being reputed guilty of the same crime. But seven +years afterwards, when the Cameronian rebellion had assumed +a dangerous character, a proclamation was issued against all +who had ever harboured or communed with rebels; courts were +appointed to be held for their trial as traitors, which were to +continue for the next three years. Those who accepted the +test, a declaration of passive obedience repugnant to the conscience +of the presbyterians, and imposed for that reason in +1681, were excused from these penalties; and in this way they +were eluded.</p> + +<p>The enormities of this detestable government are far too +numerous, even in species, to be enumerated in this slight +sketch; and of course most instances of cruelty have not been +recorded. The privy council was accustomed to extort confessions +by torture; that grim divan of bishops, lawyers, and +peers sucking in the groans of each undaunted enthusiast, in +<span class="pagenum"><a name="Page_287" id="Page_287">287</a></span> +hope that some imperfect avowal might lead to the sacrifice of +other victims, or at least warrant the execution of the present. +It is said that the Duke of York, whose conduct in Scotland +tends to efface those sentiments of pity and respect which other +parts of his life might excite, used to assist himself on these +occasions.<a name="FNanchor_456" id="FNanchor_456" href="#Footnote_456" class="fnanchor">[456]</a> + One Mitchell having been induced, by a promise +that his life should be spared, to confess an attempt to assassinate +Sharp the primate, was brought to trial some years afterwards; +when four lords of the council deposed on oath that no +such assurance had been given him; and Sharp insisted upon his +execution. The vengeance ultimately taken on this infamous +apostate and persecutor, though doubtless in violation of what +is justly reckoned an universal rule of morality, ought at least +not to weaken our abhorrence of the man himself.</p> + +<p>The test above mentioned was imposed by parliament in +1681, and contained, among other things, an engagement never +to attempt any alteration of government in church or state. +The Earl of Argyle, son of him who had perished by an unjust +sentence, and himself once before attainted by another, though +at that time restored by the king, was still destined to illustrate +the house of Campbell by a second martyrdom. He refused to +subscribe the test without the reasonable explanation that he +would not bind himself from attempting, in his station, any +improvement in church or state. This exposed him to an +accusation of leasing-making (the old mystery of iniquity in +Scots law) and of treason. He was found guilty through the +astonishing audacity of the Crown lawyers and servility of the +judges and jury. It is not perhaps certain that his immediate +execution would have ensued; but no man ever trusted securely +to the mercies of the Stuarts, and Argyle escaped in disguise by +the aid of his daughter-in-law. The council proposed that this +lady should be publicly whipped; but there was an excess of +atrocity in the Scots on the court side, which no Englishman +could reach; and the Duke of York felt as a gentleman upon +such a suggestion.<a name="FNanchor_457" id="FNanchor_457" href="#Footnote_457" class="fnanchor">[457]</a> + The Earl of Argyle was brought to the +scaffold a few years afterwards on the old sentence; but after +his unfortunate rebellion, which of course would have legally +justified his execution.</p> + +<p>The Cameronians, a party rendered wild and fanatical through +intolerable oppression, published a declaration, wherein, after +renouncing their allegiance to Charles, and expressing their +abhorrence of murder on the score of religion, they announced +<span class="pagenum"><a name="Page_288" id="Page_288">288</a></span> +their determination of retaliating, according to their power, on +such privy counsellors, officers in command, or others, as should +continue to seek their blood. The fate of Sharp was thus +before the eyes of all who emulated his crimes; and in terror +the council ordered that whoever refused to disown this declaration +on oath, should be put to death in the presence of two +witnesses. Every officer, every soldier, was thus entrusted with +the privilege of massacre; the unarmed, the women and children, +fell indiscriminately by the sword: and besides the distinct +testimonies that remain of atrocious cruelty, there exists in that +kingdom a deep traditional horror, the record, as it were, of +that confused mass of crime and misery which has left no other +memorial.<a name="FNanchor_458" id="FNanchor_458" href="#Footnote_458" class="fnanchor">[458]</a> +</p> + +<p><i>Reign of James VII.</i>—A parliament summoned by James on +his accession, with an intimation from the throne that they +were assembled not only to express their own duty, but to set +an example of compliance to England, gave, without the least +opposition, the required proofs of loyalty. They acknowledged +the king's absolute power, declared their abhorrence of any +principle derogatory to it, professed an unreserved obedience +in all cases, bestowed a large revenue for life. They enhanced +the penalties against sectaries; a refusal to give evidence against +traitors or other delinquents was made equivalent to a conviction +of the same offence; it was capital to preach even in houses, +or to hear preachers in the fields. The persecution raged with +still greater fury in the first part of this reign. But the same +repugnance of the episcopal party to the king's schemes for +his own religion, which led to his remarkable change of policy +in England, produced similar effects in Scotland. He had +attempted to obtain from parliament a repeal of the penal laws +and the test; but, though an extreme servility or a general +intimidation made the nobility acquiesce in his propositions, +and two of the bishops were gained over, yet the commissioners +of shires and boroughs, who voting promiscuously in the house, +had, when united, a majority over the peers, so firmly resisted +every encroachment of popery, that it was necessary to try +other methods than those of parliamentary enactment. After +the dissolution the dispensing power was brought into play; +the privy council forbade the execution of the laws against the +catholics; several of that religion were introduced to its board; +the royal boroughs were deprived of their privileges, the king +<span class="pagenum"><a name="Page_289" id="Page_289">289</a></span> +assuming the nomination of their chief magistrates, so as to +throw the elections wholly into the hands of the Crown. A +declaration of indulgence, emanating from the king's absolute +prerogative, relaxed the severity of the laws against presbyterian +conventicles, and, annulling the oath of supremacy and +the test of 1681, substituted for them an oath of allegiance, +acknowledging his power to be unlimited. He promised at the +same time that "he would use no force nor invincible necessity +against any man on account of his persuasion, or the protestant +religion, nor would deprive the possessors of lands formerly +belonging to the church." A very intelligible hint that the +protestant religion was to exist only by this gracious sufferance.</p> + +<p><i>Revolution and establishment of presbytery.</i>—The oppressed +presbyterians gained some respite by this indulgence, though +instances of executions under the sanguinary statutes of the +late reign are found as late as the beginning of 1688. But the +memory of their sufferings was indelible; they accepted, but +with no gratitude, the insidious mercy of a tyrant they abhorred. +The Scots' conspiracy with the Prince of Orange went forward +simultaneously with that of England; it included several of +the council, from personal jealousy, dislike of the king's proceedings +as to religion, or anxiety to secure an indemnity they +had little deserved in the approaching crisis. The people rose +in different parts; the Scots' nobility and gentry in London +presented an address to the Prince of Orange, requesting him +to call a convention of the estates; and this irregular summons +was universally obeyed.</p> + +<p>The king was not without friends in this convention; but the +whigs had from every cause a decided preponderance. England +had led the way; William was on his throne; the royal government +at home was wholly dissolved; and, after enumerating in +fifteen articles the breaches committed on the constitution, the +estates came to a resolution: "That James VII., being a professed +papist, did assume the royal power, and acted as king, +without ever taking the oath required by law, and had, by the +advice of evil and wicked counsellors, invaded the fundamental +constitution of the kingdom, and altered it from a legal limited +monarchy to an arbitrary despotic power, and hath exerted +the same to the subversion of the protestant religion, and the +violation of the laws and liberties of the kingdom, whereby he +hath forfaulted (forfeited) his right to the Crown, and the throne +has become vacant." It was evident that the English vote of +a constructive abdication, having been partly grounded on the +<span class="pagenum"><a name="Page_290" id="Page_290">290</a></span> +king's flight, could not without still greater violence be applied +to Scotland; and consequently the bolder denomination of +forfeiture was necessarily employed to express the penalty of +his mis-government. There was, in fact, a very striking difference +in the circumstances of the two kingdoms. In the one, +there had been illegal acts and unjustifiable severities; but it +was, at first sight, no very strong case for national resistance, +which stood rather on a calculation of expediency than an +instinct of self-preservation or an impulse of indignant revenge. +But in the other, it had been a tyranny, dark as that of the most +barbarous ages; despotism, which in England was scarcely in +blossom, had borne its bitter and poisonous fruits: no word of +slighter import than forfeiture could be chosen to denote the +national rejection of the Stuart line.</p> + +<p><i>Reign of William III.</i>—A declaration and claim of rights was +drawn up, as in England, together with the resolution that the +crown be tendered to William and Mary, and descend afterwards +in conformity with the limitations enacted in the sister kingdom. +This declaration excluded papists from the throne, and asserted +the illegality of proclamations to dispense with statutes, of the +inflicting capital punishment without jury, of imprisonment +without special cause or delay of trial, of exacting enormous +fines, of nominating the magistrates in boroughs, and several +other violent proceedings in the two last reigns. These articles +the convention challenged as their undoubted right, against +which no declaration nor precedent ought to operate. They +reserved some other important grievances to be redressed in +parliament. Upon this occasion, a noble fire of liberty shone +forth to the honour of Scotland, amidst those scenes of turbulent +faction or servile corruption which the annals of her parliament +so perpetually display. They seemed emulous of English +freedom, and proud to place their own imperfect commonwealth +on as firm a basis.</p> + +<p>One great alteration in the state of Scotland was almost +necessarily involved in the fall of the Stuarts. Their most +conspicuous object had been the maintenance of the episcopal +church; the line was drawn far more closely than in England; +in that church were the court's friends, out of it were its +opponents. Above all, the people were out of it, and in a +revolution brought about by the people, their voice could not +be slighted. It was one of the articles accordingly in the declaration +of rights, that prelacy and precedence in ecclesiastical office +were repugnant to the genius of a nation reformed by presbyters, +<span class="pagenum"><a name="Page_291" id="Page_291">291</a></span> +and an unsupportable grievance which ought to be abolished. +William, there is reason to believe, had offered to preserve the +bishops, in return for their support in the convention. But +this, not more happily for Scotland than for himself and his +successors, they refused to give. No compromise, or even +acknowledged toleration, was practicable in that country +between two exasperated factions; but, if oppression was +necessary, it was at least not on the majority that it ought to +fall. But besides this, there was as clear a case of forfeiture in +the Scots' episcopal church, as in the royal family of Stuart. +The main controversy between the episcopal and presbyterian +churches was one of dry antiquarian criticism, little more +interesting than those about the Roman senate, or the Saxon +wittenagemot, nor perhaps more capable of decisive solution; +it was at least one as to which the bulk of mankind are absolutely +incapable of forming a rational judgment for themselves. But, +mingled up as it had always been, and most of all in Scotland, +with faction, with revolution, with power and emolument, with +courage and devotion, and fear, and hate, and revenge, this arid +dispute of pedants drew along with it the most glowing emotions +of the heart, and the question became utterly out of the province +of argument. It was very possible that episcopacy might be of +apostolical institution; but for this institution houses had been +burned and fields laid waste, and the gospel had been preached +in wildernesses, and its ministers had been shot in their prayers, +and husbands had been murdered before their wives, and virgins +had been defiled, and many had died by the executioner, and by +massacre, and in imprisonment, and in exile and slavery, and +women had been tied to stakes on the sea-shore till the tide rose +to overflow them, and some had been tortured and mutilated; +it was a religion of the boots and the thumb-screw, which a good +man must be very cool-blooded indeed if he did not hate and +reject from the hands which offered it. For, after all, it is much +more certain that the Supreme Being abhors cruelty and persecution, +than that he has set up bishops to have a superiority over +presbyters.</p> + +<p>It was, however, a serious problem at that time, whether the +presbyterian church, so proud and stubborn as she had formerly +shown herself, could be brought under a necessary subordination +to the civil magistrate, and whether the more fanatical part of +it, whom Cargill and Cameron had led on, would fall again into +the ranks of social life. But here experience victoriously confuted +these plausible apprehensions. It was soon perceived that +<span class="pagenum"><a name="Page_292" id="Page_292">292</a></span> +the insanity of fanaticism subsides of itself, unless purposely +heightened by persecution. The fiercer spirit of the sectaries +was allayed by degrees; and, though vestiges of it may probably +still be perceptible by observers, it has never, in a political sense, +led to dangerous effects. The church of Scotland, in her general +assemblies, preserves the forms, and affects the language, of +the sixteenth century; but the Erastianism, against which she +inveighs, secretly controls and paralyses her vaunted liberties; +and she cannot but acknowledge that the supremacy of the +legislature is like the collar of the watch-dog, the price of food +and shelter, and the condition upon which alone a religious +society can be endowed and established by any prudent commonwealth.<a name="FNanchor_459" id="FNanchor_459" href="#Footnote_459" class="fnanchor">[459]</a> + +The judicious admixture of laymen in these assemblies, +and, in a far greater degree, the perpetual intercourse with +England, which has put an end to everything like sectarian +bigotry, and even exclusive communion, in the higher and +middling classes, are the principal causes of that remarkable +moderation which for many years has characterised the successors +of Knox and Melville.</p> + +<p>The convention of estates was turned by an act of its own +into a parliament, and continued to sit during the king's reign. +This, which was rather contrary to the spirit of a representative +government than to the Scots constitution, might be justified +by the very unquiet state of the kingdom and the intrigues of +the jacobites. Many excellent statutes were enacted in this +parliament, besides the provisions included in the declaration of +rights; twenty-six members were added to the representation of +the counties, the tyrannous acts of the two last reigns were +repealed, the unjust attainders were reversed, the lords of +articles were abolished. After some years, an act was obtained +against wrongous imprisonment, still more effectual perhaps in +some respects than that of the habeas corpus in England. The +prisoner is to be released on bail within twenty-four hours on +<span class="pagenum"><a name="Page_293" id="Page_293">293</a></span> +application to a judge, unless committed on a capital charge; +and in that case must be brought to trial within sixty days. A +judge refusing to give full effect to the act is declared incapable +of public trust.</p> + +<p>Notwithstanding these great improvements in the constitution, +and the cessation of religious tyranny, the Scots are not accustomed +to look back on the reign of William with much complacency. +The regeneration was far from perfect; the court of +session continued to be corrupt and partial; severe and illegal +proceedings might sometimes be imputed to the council; and +in one lamentable instance, the massacre of the Macdonalds in +Glencoe, the deliberate crime of some statesmen tarnished not +slightly the bright fame of their deceived master: though it was +not for the adherents of the house of Stuart, under whom so +many deeds of more extensive slaughter had been perpetrated, +to fill Europe with their invectives against this military execution.<a name="FNanchor_460" id="FNanchor_460" href="#Footnote_460" class="fnanchor">[460]</a> + +The episcopal clergy, driven out injuriously by the +populace from their livings, were permitted after a certain time +to hold them again in some instances under certain conditions; +but William, perhaps almost the only consistent friend of +toleration in his kingdoms, at least among public men, lost by +this indulgence the affection of one party, without in the slightest +degree conciliating the other.<a name="FNanchor_461" id="FNanchor_461" href="#Footnote_461" class="fnanchor">[461]</a> + The true cause, however, of the +<span class="pagenum"><a name="Page_294" id="Page_294">294</a></span> +prevalent disaffection at this period was the condition of Scotland, +an ancient, independent kingdom, inhabited by a proud, +high-spirited people, relatively to another kingdom, which they +had long regarded with enmity, still with jealousy; but to +which, in despite of their theoretical equality, they were kept in +subordination by an insurmountable necessity. The union of +the two crowns had withdrawn their sovereign and his court; +yet their government had been national, and on the whole with +no great intermixture of English influence. Many reasons, +however, might be given for a more complete incorporation, +which had been the favourite project of James I., and was +discussed, at least on the part of Scotland, by commissioners +appointed in 1670. That treaty failed of making any progress; +the terms proposed being such as the English parliament would +never have accepted. At the revolution a similar plan was just +hinted, and abandoned. Meanwhile, the new character that +the English government had assumed rendered it more difficult +to preserve the actual connection. A king of both countries, +especially by origin more allied to the weaker, might maintain +some impartiality in his behaviour towards each of them. But, +if they were to be ruled, in effect, nearly as two republics; that +is, if the power of their parliaments should be so much enhanced +as ultimately to determine the principal measures of state (which +was at least the case in England), no one who saw their mutual +jealousy, rising on one side to the highest exasperation, could +fail to anticipate that some great revolution must be at hand; +and that an union, neither federal nor legislative, but possessing +every inconvenience of both, could not long be endured. The +<span class="pagenum"><a name="Page_295" id="Page_295">295</a></span> +well known business of the Darien company must have undeceived +every rational man who dreamed of any alternative +but incorporation or separation. The Scots parliament took +care to bring on the crisis by the act of security in 1704. It +was enacted that, on the queen's death without issue, the estates +should meet to name a successor of the royal line, and a +protestant; but that this should not be the same person who +would succeed to the crown of England, unless during her +majesty's reign conditions should be established to secure from +English influence the honour and independence of the kingdom, +the authority of parliament, the religion, trade, and liberty of +the nation. This was explained to mean a free intercourse with +the plantations, and the benefits of the navigation act. The +prerogative of declaring peace and war was to be subjected for +ever to the approbation of parliament, lest at any future time +these conditions should be revoked.</p> + +<p><i>Act of security.</i>—Those who obtained the act of security were +partly of the jacobite faction, who saw in it the hope of restoring +at least Scotland to the banished heir; partly of a very different +description, whigs in principle, and determined enemies of the +Pretender, but attached to their country, jealous of the English +court, and determined to settle a legislative union on such terms +as became an independent state. Such an union was now seen +in England to be indispensable; the treaty was soon afterwards +begun, and, after a long discussion of the terms between the +commissioners of both kingdoms, the incorporation took effect +on the 1st of May 1707. It is provided by the articles of this +treaty, confirmed by the parliaments, that the succession of +the united kingdom shall remain to the Princess Sophia, and +the heirs of her body, being protestants; that all privileges of +trade shall belong equally to both nations; that there shall be +one great seal, and the same coin, weights, and measures; that +the episcopal and presbyterian churches of England and Scotland +shall be for ever established, as essential and fundamental +parts of the union; that the united kingdom shall be represented +by one and the same parliament, to be called the parliament of +Great Britain; that the number of peers for Scotland shall be +sixteen, to be elected for every parliament by the whole body, +and the number of representatives of the Commons forty-five, +two-thirds of whom to be chosen by the counties, and one-third +by the boroughs; that the Crown be restrained from creating +any new peers of Scotland; that both parts of the united kingdom +shall be subject to the same duties of excise, and the same +<span class="pagenum"><a name="Page_296" id="Page_296">296</a></span> +customs on export and import; but that, when England raises +two millions by a land-tax, £48,000 shall be raised in Scotland, +and in like proportion.</p> + +<p>It has not been unusual for Scotsmen, even in modern times, +while they cannot but acknowledge the expediency of an union, +and the blessings which they have reaped from it, to speak of +its conditions as less favourable than their ancestors ought to +have claimed. For this however there does not seem much +reason. The ratio of population would indeed have given +Scotland about one-eighth of the legislative body, instead of +something less than one-twelfth; but no government except +the merest democracy is settled on the sole basis of numbers; +and if the comparison of wealth and of public contributions was +to be admitted, it may be thought that a country, which stipulated +for itself to pay less than one-fortieth of direct taxation, +was not entitled to a much greater share of the representation +than it obtained. Combining the two ratios of population +and property, there seems little objection to this part of the +union; and in general it may be observed of the articles of +that treaty, what often occurs with compacts intended to oblige +future ages, that they have rather tended to throw obstacles +in the way of reformations for the substantial benefit of Scotland, +than to protect her against encroachment and usurpation.</p> + +<p>This however could not be securely anticipated in the reign +of Anne; and, no doubt, the measure was an experiment of +such hazard that every lover of his country must have consented +in trembling, or revolted from it with disgust. No past experience +of history was favourable to the absorption of a lesser state +(at least where the government partook so much of the republican +form) in one of superior power and ancient rivalry. The +representation of Scotland in the united legislature was too +feeble to give anything like security against the English prejudices +and animosities, if they should continue or revive. The +church was exposed to the most apparent perils, brought thus +within the power of a legislature so frequently influenced by +one which held her not as a sister, but rather a bastard usurper +of a sister's inheritance; and, though her permanence was +guaranteed by the treaty, yet it was hard to say how far the +legal competence of parliament might hereafter be deemed to +extend, or at least how far she might be abridged of her privileges, +and impaired in her dignity.<a name="FNanchor_462" id="FNanchor_462" href="#Footnote_462" class="fnanchor">[462]</a> + If very few of these +<span class="pagenum"><a name="Page_297" id="Page_297">297</a></span> +mischiefs have resulted from the union, it has doubtless been +owing to the prudence of our government, and chiefly to the +general sense of right, and the diminution both of national and +religious bigotry during the last century. But it is always to +be kept in mind, as the best justification of those who came +into so great a sacrifice of natural patriotism, that they gave +up no excellent form of polity, that the Scots constitution had +never produced the people's happiness, that their parliament +was bad in its composition, and in practice little else than a +factious and venal aristocracy; that they had before them the +alternatives of their present condition, with the prospect of +unceasing discontent, half suppressed by unceasing corruption, +or of a more honourable, but very precarious, separation of the +two kingdoms, the renewal of national wars and border-feuds, +at a cost the poorer of the two could never endure, and at a +hazard of ultimate conquest, which, with all her pride and +bravery, the experience of the last generation had shown to be +no impossible term of the contest.</p> + +<p>The union closes the story of the Scots constitution. From +its own nature, not more than from the gross prostitution with +which a majority had sold themselves to the surrender of their +own legislative existence, it was long odious to both parties in +Scotland. An attempt to dissolve it by the authority of the +united parliament itself was made in a very few years, and not +very decently supported by the whigs against the queen's last +ministry. But, after the accession of the house of Hanover, the +jacobite party displayed such strength in Scotland, that to +maintain the union was evidently indispensable for the reigning +family. That party comprised a large proportion of the superior +classes, and nearly the whole of the episcopal church, which, +though fallen, was for some years considerable in numbers. +The national prejudices ran in favour of their ancient stock of +kings, conspiring with the sentiment of dishonour attached to +the union itself, and jealousy of some innovations which a +legislature they were unwilling to recognise thought fit to introduce. +It is certain that jacobitism, in England little more, +after the reign of George I., than an empty word, the vehicle +of indefinite dissatisfaction in those who were never ready to +<span class="pagenum"><a name="Page_298" id="Page_298">298</a></span> +encounter peril or sacrifice advantage for its affected principle, +subsisted in Scotland as a vivid emotion of loyalty, a generous +promptitude to act or suffer in its cause; and, even when all +hope was extinct, clung to the recollections of the past, long +after the very name was only known by tradition, and every +feeling connected with it had been wholly effaced to the south +of the Tweed. It is believed that some persons in that country +kept up an intercourse with Charles Edward as their sovereign +till his decease in 1787. They had given, forty years before, +abundant testimonies of their activity to serve him. That +rebellion is, in more respects than one, disgraceful to the British +government; but it furnished an opportunity for a wise measure +to prevent its recurrence, and to break down in some degree +the aristocratical ascendancy, by abolishing the hereditary +jurisdictions which, according to the genius of the feudal system, +were exercised by territorial proprietors under royal charter or +prescription. Much however still remains to be done, in order +to place that now wealthy and well-instructed people on a +footing with the English, as to the just participation of political +liberty; but what would best conform to the spirit of the act +of union might possibly sometimes contravene its letter. +<span class="pagenum"><a name="Page_299" id="Page_299">299</a></span></p> + +<h2>CHAPTER XVIII<br /> +<span class="s08">ON THE CONSTITUTION OF IRELAND</span></h2> + +<p><i>Ancient state of Ireland.</i>—The antiquities of Irish history, +imperfectly recorded, and rendered more obscure by controversy, +seem hardly to belong to our present subject. But +the political order or state of society among that people at +the period of Henry II.'s invasion must be distinctly apprehended +and kept in mind, before we can pass a judgment +upon, or even understand, the course of succeeding events, +and the policy of the English government in relation to that +island.</p> + +<p>It can hardly be necessary to mention (the idle traditions of +a derivation from Spain having long been exploded) that the +Irish are descended from one of those Celtic tribes which occupied +Gaul and Britain some centuries before the Christian era. +Their language however is so far dissimilar from that spoken +in Wales, though evidently of the same root, as to render it +probable that the emigration, whether from this island or from +Armorica, was in a remote age; while its close resemblance to +that of the Scottish Highlanders, which hardly can be called +another dialect, as unequivocally demonstrates a nearer affinity +of the two nations. It seems to be generally believed, though +the antiquaries are far from unanimous, that the Irish are the +parent tribe, and planted their colony in Scotland since the +commencement of our era.</p> + +<p>About the end of the eighth century, some of those swarms +of Scandinavian descent which were poured out in such unceasing +and irresistible multitudes on France and Britain, began +to settle on the coasts of Ireland. These colonists were known +by the name of Ostmen, or men from the east, as in France they +were called Normans from their northern origin. They occupied +the sea-coast from Antrim easterly round to Limerick; and by +them the principal cities of Ireland were built. They waged war +for some time against the aboriginal Irish in the interior; but, +though better acquainted with the arts of civilised life, their +inferiority in numbers caused them to fail at length in this +contention; and the practical invasions from their brethren in +<span class="pagenum"><a name="Page_300" id="Page_300">300</a></span> +Norway becoming less frequent in the eleventh and twelfth +centuries, they had fallen into a state of dependence on the +native princes.</p> + +<p>The island was divided into five provincial kingdoms, Leinster, +Munster, Ulster, Connaught, and Meath; one of whose sovereigns +was chosen king of Ireland in some general meeting, probably of +the nobility or smaller chieftains, and of the prelates. But there +seems to be no clear tradition as to the character of this national +assembly, though some maintain it to have been triennially held. +The monarch of the island had tributes from the inferior kings, +and a certain supremacy, especially in the defence of the country +against invasion; but the constitution was of a federal nature, +and each was independent in ruling his people, or in making +war on his neighbours. Below the kings were the chieftains of +different septs or families, perhaps in one or two degrees of +subordination, bearing a relation, which may be loosely called +feudal, to each other, and to the Crown.<a name="FNanchor_463" id="FNanchor_463" href="#Footnote_463" class="fnanchor">[463]</a> +</p> + +<p>These chieftainships, and perhaps even the kingdoms themselves, +though not partible, followed a very different rule of +succession than that of primogeniture. They were subject to +the law of tanistry, of which the principle is defined to be, that +the demesne lands and dignity of chieftainship descended to the +eldest and most worthy of the same blood; these epithets not +being used, we may suppose, synonymously, but in order to +indicate that the preference given to seniority was to be controlled +by a due regard to desert. No better mode, it is evident, +of providing for a perpetual supply of those civil quarrels, in +which the Irish are supposed to place so much of their enjoyment, +could have been devised. Yet, as these grew sometimes +a little too frequent, it was not unusual to elect a tanist, or +reversionary successor, in the lifetime of the reigning chief, as +has been the practice of more civilised nations. An infant was +never allowed to hold the sceptre of an Irish kingdom, but was +necessarily postponed to his uncle or other kinsman of mature +age; as was the case also in England, even after the consolidation +of the Anglo-Saxon monarchy.<a name="FNanchor_464" id="FNanchor_464" href="#Footnote_464" class="fnanchor">[464]</a> + +<span class="pagenum"><a name="Page_301" id="Page_301">301</a></span></p> + +<p>The land-owners, who did not belong to the noble class, bore +the same name as their chieftain, and were presumed to be of the +same lineage. But they held their estates by a very different +and an extraordinary tenure, that of Irish gavel-kind. On the +decease of a proprietor, instead of an equal partition among his +children, as in the gavel-kind of English law, the chief of the +sept, according to the generally received explanation, made, or +was entitled to make, a fresh division of all the lands within his +district; allotting to the heirs of the deceased a portion of the +integral territory along with the other members of the tribe. It +seems impossible to conceive that these partitions were renewed +on every death of one of the sept. But they are asserted to have +at least taken place so frequently as to produce a continual +change of possession. The policy of this custom doubtless +sprung from too jealous a solicitude as to the excessive inequality +of wealth, and from the habit of looking on the tribe +as one family of occupants, not wholly divested of its original +right by the necessary allotment of lands to particular cultivators. +It bore some degree of analogy to the institution of the year of +Jubilee in the Mosaic code, and what may be thought more +immediate, was almost exactly similar to the rule of succession +which is laid down in the ancient laws of Wales.<a name="FNanchor_465" id="FNanchor_465" href="#Footnote_465" class="fnanchor">[465]</a> +</p> + +<p><i>Rude state of society.</i>—In the territories of each sept, judges +called Brehons, and taken out of certain families, sat with +primeval simplicity upon turfen benches in some conspicuous +situation, to determine controversies. Their usages are almost +wholly unknown; for what have been published as fragments of +the Brehon law seem open to great suspicion at least of being +interpolated.<a name="FNanchor_466" id="FNanchor_466" href="#Footnote_466" class="fnanchor">[466]</a> + It is notorious that, according to the custom of +<span class="pagenum"><a name="Page_302" id="Page_302">302</a></span> +many states in the infancy of civilisation, the Irish admitted +the composition or fine for murder, instead of capital punishment; +and this was divided, as in other countries, between the +kindred of the slain and the judge.</p> + +<p>In the twelfth century it is evident that the Irish nation had +made far less progress in the road of improvement than any other +of Europe in circumstance of climate and position so little unfavourable. +They had no arts that deserve the name, nor any +commerce, their best line of sea-coast being occupied by the +Norwegians. They had no fortified towns, nor any houses or +castles of stone; the first having been erected at Tuam a very +few years before the invasion of Henry.<a name="FNanchor_467" id="FNanchor_467" href="#Footnote_467" class="fnanchor">[467]</a> + Their conversion to +Christianity indeed, and the multitude of cathedral and conventual +churches erected throughout the island, had been the +cause, and probably the sole cause, of the rise of some cities, or +villages with that name, such as Armagh, Cashel, and Trim. +But neither the chiefs nor the people loved to be confined within +their precincts, and chose rather to dwell in scattered cabins +amidst the free solitude of bogs and mountains. As we might +expect, their qualities were such as belong to man by his original +nature, and which he displays in all parts of the globe where the +state of society is inartificial: they were gay, generous, hospitable, +ardent in attachment and hate, credulous of falsehood, prone to +anger and violence, generally crafty and cruel. With these very +general attributes of a barbarous people, the Irish character was +distinguished by a peculiar vivacity of imagination, an enthusiasm +<span class="pagenum"><a name="Page_303" id="Page_303">303</a></span> +and impetuosity of passion, and a more than ordinary bias +towards a submissive and superstitious spirit in religion.</p> + +<p>This spirit may justly be traced in a great measure to the +virtues and piety of the early preachers of the gospel in that +country. Their influence, though at this remote age, and with +our imperfect knowledge, it may hardly be distinguishable +amidst the licentiousness and ferocity of a rude people, was +necessarily directed to counteract those vices, and cannot have +failed to mitigate and compensate their evil. In the seventh +and eighth centuries, while a total ignorance seemed to overspread +the face of Europe, the monasteries and schools of Ireland +preserved, in the best manner they could, such learning as had +survived the revolutions of the Roman world. But the learning +of monasteries had never much efficacy in dispelling the ignorance +of the laity; and indeed, even in them, it had decayed long before +the twelfth century. The clergy were respected and numerous, +the bishops alone amounting at one time to no less than 300;<a name="FNanchor_468" id="FNanchor_468" href="#Footnote_468" class="fnanchor">[468]</a> + +and it has been maintained by our most learned writers, that +they were wholly independent of the see of Rome till, a little +before the English invasion, one of their primates thought fit +to solicit the pall from thence on his consecration, according to +the discipline long practised in other western churches.</p> + +<p>It will be readily perceived that the government of Ireland +must have been almost entirely aristocratical, and not very unlike +that of the feudal confederacies in France during the ninth +and tenth centuries. It was perhaps still more oppressive. The +ancient condition of the common people of Ireland, says Sir +James Ware, was very little different from slavery.<a name="FNanchor_469" id="FNanchor_469" href="#Footnote_469" class="fnanchor">[469]</a> + Unless we +believe this condition to have been greatly deteriorated under +the rule of their native chieftains after the English settlement, +for which there seems no good reason, we must give little credit +to the fanciful pictures of prosperity and happiness in that period +of aboriginal independence, which the Irish, in their discontent +with later times, have been apt to draw. They had, no doubt, +like all other nations, good and wise princes, as well as tyrants +and usurpers. But we find by their annals that, out of two +hundred ancient kings, of whom some brief memorials are +recorded, not more than thirty came to a natural death;<a name="FNanchor_470" id="FNanchor_470" href="#Footnote_470" class="fnanchor">[470]</a> + while, +for the later period, the oppression of the Irish chieftains, and +of those degenerate English who trod in their steps, and emulated +the vices they should have restrained, is the one constant theme +of history. Their exactions kept the peasants in hopeless +<span class="pagenum"><a name="Page_304" id="Page_304">304</a></span> +poverty, their tyranny in perpetual fear. The chief claimed +a right of taking from his tenants provisions for his own use at +discretion, or of sojourning in their houses. This was called +coshery, and is somewhat analogous to the royal prerogative of +purveyance. A still more terrible oppression was the quartering +of the lords' soldiers on the people, sometimes mitigated by a +composition, called by the Irish bonaght.<a name="FNanchor_471" id="FNanchor_471" href="#Footnote_471" class="fnanchor">[471]</a> + For the perpetual +warfare of these petty chieftains had given rise to the employment +of mercenary troops, partly natives, partly from Scotland, +known by the uncouth names of Kerns and Gallowglasses, who +proved the scourge of Ireland down to its final subjugation by +Elizabeth.</p> + +<p>This unusually backward condition of society furnished but +an inauspicious presage for the future. Yet we may be led by +the analogy of other countries to think it probable that, if +Ireland had not tempted the cupidity of her neighbours, there +would have arisen in the course of time some Egbert or Harold +Harfager to consolidate the provincial kingdoms into one +hereditary monarchy; which, by the adoption of better laws, the +increase of commerce, and a frequent intercourse with the chief +courts of Europe, might have taken as respectable a station as +that of Scotland in the commonwealth of Christendom. If the +two islands had afterwards become incorporated through intermarriage +of their sovereigns, as would very likely have taken +place, it might have been on such conditions of equality as +Ireland, till lately, has never known; and certainly without that +long tragedy of crime and misfortune which her annals unfold.</p> + +<p><i>Invasion of Henry II.</i>—The reduction of Ireland, at least in +name, under the dominion of Henry II. was not achieved by +his own efforts. He had little share in it beyond receiving the +homage of Irish princes, and granting charters to his English +nobility. Strongbow, Lacy, Fitz-Stephen, were the real conquerors, +through whom alone any portion of Irish territory +was gained by arms or treaty; and, as they began the enterprise +without the king, they carried it on also for themselves, +deeming their swords a better security than his charters. This +ought to be kept in mind, as revealing the secret of the English +government over Ireland, and furnishing a justification for what +has the appearance of a negligent abandonment of its authority. +The few barons, and other adventurers, who, by dint of forces +hired by themselves, and, in some instances, by conventions +with the Irish, settled their armed colonies in the island, thought +<span class="pagenum"><a name="Page_305" id="Page_305">305</a></span> +they had done much for Henry II. in causing his name to be +acknowledged, his administration to be established in Dublin, +and in holding their lands by his grant. They claimed in their +turn, according to the practice of all nations and the principles +of equity, that those who had borne the heat of the battle, +should enjoy the spoil without molestation. Hence, the enormous +grants of Henry and his successors, though so often +censured for impolicy, were probably what they could scarce +avoid; and, though not perhaps absolutely stipulated as the +price of titular sovereignty, were something very like it.<a name="FNanchor_472" id="FNanchor_472" href="#Footnote_472" class="fnanchor">[472]</a> + But +what is to be censured, and what at all hazards they were bound +to refuse, was the violation of their faith to the Irish princes, +in sharing among these insatiable barons their ancient territories; +which, setting aside the wrong of the first invasion, +were protected by their homage and submission, and sometimes +by positive conventions. The whole island, in fact, with the +exception of the county of Dublin and the maritime towns, was +divided, before the end of the thirteenth century, and most of +it in the twelfth, among ten English families: Earl Strongbow, +who had some colour of hereditary title, according to our notions +of law, by his marriage with the daughter of Dermot, king of +Leinster, obtaining a grant of that province; Lacy acquiring +Meath, which was not reckoned a part of Leinster, in the same +manner; the whole of Ulster being given to De Courcy; the whole +of Connaught to De Burgh; and the rest to six others. These, it +must be understood, they were to hold in a sort of feudal suzerainty, +parcelling them among their tenants of English race, and +expelling the natives, or driving them into the worst parts of +the country by an incessant warfare.</p> + +<p><i>Forms of English constitution established.</i>—The Irish chieftains, +though compelled to show some exterior signs of submission to +Henry, never thought of renouncing their own authority or the +customs of their forefathers; nor did he pretend to interfere +with the government of their septs, content with their promise +of homage and tribute, neither of which were afterwards paid. +But in those parts of Ireland which he reckoned his own, it +was his aim to establish the English laws, to render the lesser +island, as it were, a counterpart in all its civil constitution, and +mirror of the greater. The colony from England was already +not inconsiderable, and likely to increase; the Ostmen, who +inhabited the maritime towns, came very willingly, as all settlers +of Teutonic origin have done, into the English customs and +<span class="pagenum"><a name="Page_306" id="Page_306">306</a></span> +language; and upon this basis, leaving the accession of the +aboriginal people to future contingencies, he raised the edifice +of the Irish constitution. He gave charters of privilege to the +chief towns, began a division into counties, appointed sheriffs +and judges of assize to administer justice, erected supreme +courts at Dublin, and perhaps assembled parliaments.<a name="FNanchor_473" id="FNanchor_473" href="#Footnote_473" class="fnanchor">[473]</a> + His +successors pursued the same course of policy; the great charter +of liberties, as soon as granted by John at Runnymede, was sent +over to Ireland; and the whole common law, with all its forms +of process, and every privilege it was deemed to convey, became +the birthright of the Anglo-Irish colonists.<a name="FNanchor_474" id="FNanchor_474" href="#Footnote_474" class="fnanchor">[474]</a> +</p> + +<p>These had now spread over a considerable part of the island. +Twelve counties appear to have been established by John, comprehending +most of Leinster and Munster; while the two +ambitious families of Courcy and De Burgh encroached more +and more on the natives in the other provinces.<a name="FNanchor_475" id="FNanchor_475" href="#Footnote_475" class="fnanchor">[475]</a> + But the same +necessity, which gratitude for the services, or sense of the power +of the great families had engendered, for rewarding them by +excessive grants of territory, led to other concessions that +rendered them almost independent of the monarchy.<a name="FNanchor_476" id="FNanchor_476" href="#Footnote_476" class="fnanchor">[476]</a> + The +franchise of a county palatine gave a right of exclusive civil +and criminal jurisdiction; so that the king's writ should not +run, nor his judges come within it, though judgment in its +courts might be reversed by writ of error in the king's bench. +The lord might enfeoff tenants to hold by knight's service of +himself; he had almost all regalian rights; the lands of those +attainted for treason escheated to him; he acted in everything +rather as one of the great feudatories of France or Germany +than a subject of the English Crown. Such had been Chester, +and only Chester, in England; but in Ireland this dangerous +independence was permitted to Strongbow in Leinster, to Lacy +in Meath, and at a later time to the Butlers and Geraldines in +<span class="pagenum"><a name="Page_307" id="Page_307">307</a></span> +parts of Munster. Strongbow's vast inheritance soon fell to +five sisters, who took to their shares, with the same palatine +rights, the counties of Carlow, Wexford, Kilkenny, Kildare, and +the district of Leix, since called the Queen's County.<a name="FNanchor_477" id="FNanchor_477" href="#Footnote_477" class="fnanchor">[477]</a> + In all +these palatinates, forming by far the greater portion of the +English territories, the king's process had its course only within +the lands belonging to the church.<a name="FNanchor_478" id="FNanchor_478" href="#Footnote_478" class="fnanchor">[478]</a> + The English aristocracy +of Ireland, in the thirteenth and fourteenth centuries, bears a +much closer analogy to that of France in rather an earlier period +than anything which the history of this island can show.</p> + +<p>Pressed by the inroads of these barons, and despoiled frequently +of lands secured to them by grant or treaty, the native +chiefs had recourse to the throne for protection, and would in +all likelihood have submitted without repining to a sovereign +who could have afforded it.<a name="FNanchor_479" id="FNanchor_479" href="#Footnote_479" class="fnanchor">[479]</a> + But John and Henry III., in +whose reigns the independence of the aristocracy was almost +complete, though insisting by writs and proclamations on a due +observance of the laws, could do little more for their new subjects, +who found a better chance of redress in standing on their +own defence. The powerful septs of the north enjoyed their +liberty. But those of Munster and Leinster, intermixed with +the English, and encroached upon from every side, were the +victims of constant injustice; and abandoning the open country +for bog and mountain pasture, grew more poor and barbarous +in the midst of the general advance of Europe. Many remained +under the yoke of English lords, and in a worse state than that +of villenage, because still less protected by the tribunals of +justice. The Irish had originally stipulated with Henry II. for +the use of their own laws.<a name="FNanchor_480" id="FNanchor_480" href="#Footnote_480" class="fnanchor">[480]</a> + They were consequently held beyond +the pale of English justice, and regarded as aliens at the best, +sometimes as enemies, in our courts. Thus, as by the Brehon +customs murder was only punished by a fine, it was not held +felony to kill one of Irish race, unless he had conformed to the +English law.<a name="FNanchor_481" id="FNanchor_481" href="#Footnote_481" class="fnanchor">[481]</a> + Five septs, to which the royal families of Ireland +<span class="pagenum"><a name="Page_308" id="Page_308">308</a></span> +belonged, the names of O'Neal, O'Connor, O'Brien, O'Malachlin, +and MacMurrough, had the special immunity of being within +the protection of our law, and it was felony to kill one of them. +I do not know by what means they obtained this privilege; for +some of these were certainly as far from the king's obedience +as any in Ireland.<a name="FNanchor_482" id="FNanchor_482" href="#Footnote_482" class="fnanchor">[482]</a> + But besides these a vast number of charters +of denization were granted to particular persons of Irish descent +from the reign of Henry II. downwards, which gave them and +their posterity the full birthrights of English subjects; nor +does there seem to have been any difficulty in procuring these.<a name="FNanchor_483" id="FNanchor_483" href="#Footnote_483" class="fnanchor">[483]</a> + +It cannot be said, therefore, that the English government, or +those who represented it in Dublin, displayed any reluctance +to emancipate the Irish from thraldom. Whatever obstruction +might be interposed to this was from that assembly whose concurrence +was necessary to every general measure, the Anglo-Irish +parliament. Thus, in 1278, we find the first instance of +an application from the community of Ireland, as it is termed, +but probably from some small number of septs dwelling among +the colony, that they might be admitted to live by the English +law, and offering 8000 marks for this favour. The letter of +Edward I. to the justiciary of Ireland on this is sufficiently +characteristic both of his wisdom and his rapaciousness. He is +satisfied of the expediency of granting the request, provided it +can be done with the general consent of the prelates and nobles +of Ireland; and directs the justiciary, if he can obtain that +concurrence, to agree with the petitioners for the highest fine +he can obtain, and for a body of good and stout soldiers.<a name="FNanchor_484" id="FNanchor_484" href="#Footnote_484" class="fnanchor">[484]</a> + But +this necessary consent of the aristocracy was withheld. Excuses +were made to evade the king's desire. It was wholly incompatible +<span class="pagenum"><a name="Page_309" id="Page_309">309</a></span> +with their systematic encroachments on their Irish +neighbours to give them the safeguard of the king's writ for +their possessions. The Irish renewed their supplication more +than once, both to Edward I. and Edward III.; they found +the same readiness in the English court; they sunk at home +through the same unconquerable oligarchy.<a name="FNanchor_485" id="FNanchor_485" href="#Footnote_485" class="fnanchor">[485]</a> + It is not to be +imagined that the entire Irishry partook in this desire of renouncing +their ancient customs. Besides the prejudices of +nationality, there was a strong inducement to preserve the +Brehon laws of tanistry, which suited better a warlike tribe +than the hereditary succession of England. But it was the +unequivocal duty of the legislature to avail itself of every token +of voluntary submission; which, though beginning only with +the subject septs of Leinster, would gradually incorporate the +whole nation in a common bond of co-equal privileges with +their conquerors.</p> + +<p><i>Degeneracy of English settlers.</i>—Meanwhile, these conquerors +were themselves brought under a moral captivity of the most +disgraceful nature; and, not as the rough soldier of Rome is +said to have been subdued by the art and learning of Greece, +the Anglo-Norman barons, that had wrested Ireland from the +native possessors, fell into their barbarous usages, and emulated +the vices of the vanquished. This degeneracy of the English +settlers began very soon, and continued to increase for several +ages. They intermarried with the Irish; then connected themselves +with them by the national custom of fostering, which +formed an artificial relationship of the strictest nature;<a name="FNanchor_486" id="FNanchor_486" href="#Footnote_486" class="fnanchor">[486]</a> + they +spoke the Irish language; they affected the Irish dress and +<span class="pagenum"><a name="Page_310" id="Page_310">310</a></span> +manner of wearing the hair;<a name="FNanchor_487" id="FNanchor_487" href="#Footnote_487" class="fnanchor">[487]</a> + they even adopted, in some +instances, Irish surnames; they harassed their tenants with +every Irish exaction and tyranny; they administered Irish law, +if any at all; they became chieftains rather than peers; and +neither regarded the king's summons to his parliaments, nor +paid any obedience to his judges.<a name="FNanchor_488" id="FNanchor_488" href="#Footnote_488" class="fnanchor">[488]</a> + Thus the great family of +De Burgh or Burke, in Connaught, fell off almost entirely from +subjection; nor was that of the Earls of Desmond, a younger +branch of the house of Geraldine or Fitzgerald, much less independent +of the Crown; though by the title it enjoyed, and +the palatine franchises granted to it by Edward III. over the +counties of Limerick and Kerry, it seemed to keep up more show +of English allegiance.</p> + +<p>The regular constitution of Ireland was, as I have said, as +nearly as possible a counterpart of that established in this +country. The administration was vested in an English justiciary +or lord deputy, assisted by a council of judges and principal +officers, mixed with some prelates and barons, but subordinate +to that of England, wherein sat the immediate advisers of +the sovereign. The courts of chancery, king's bench, common +pleas, and exchequer, were the same in both countries; but +writs of error lay from judgments given in the second of these +to the same court in England. For all momentous purposes, +as to grant a subsidy, or enact a statute, it was as necessary to +summon a parliament in the one island as in the other. An +Irish parliament originally, like an English one, was but a more +numerous council, to which the more distant as well as the neighbouring +barons were summoned, whose consent, though dispensed +with in ordinary acts of state, was both the pledge and +the condition of their obedience to legislative provisions. In +1295, the sheriff of each county and liberty is directed to return +two knights to a parliament held by Wogan, an active and +<span class="pagenum"><a name="Page_311" id="Page_311">311</a></span> +able deputy.<a name="FNanchor_489" id="FNanchor_489" href="#Footnote_489" class="fnanchor">[489]</a> + The date of the admission of burgesses cannot be +fixed with precision; but it was probably not earlier than the +reign of Edward III. They appear in 1341; and the Earl of +Desmond summoned many deputies from corporations to his +rebel convention held at Kilkenny in the next year.<a name="FNanchor_490" id="FNanchor_490" href="#Footnote_490" class="fnanchor">[490]</a> + The +Commons are mentioned as an essential part of parliament in +an ordinance of 1359; before which time, in the opinion of Lord +Coke, "the conventions in Ireland were not so much parliaments +as assemblies of great men."<a name="FNanchor_491" id="FNanchor_491" href="#Footnote_491" class="fnanchor">[491]</a> + This, as appears, is not +strictly correct; but in substance they were perhaps little else +long afterwards.</p> + +<p>The earliest statutes on record are of the year 1310; and from +that year they are lost till 1429, though we know many parliaments +to have been held in the meantime, and are acquainted +by other means with their provisions. Those of 1310 bear +witness to the degeneracy of the English lords, and to the laudable +zeal of a feeble government for the reformation of their +abuses. They begin with an act to restrain great lords from +taking of prises, lodging, and sojourning with the people of the +country against their will. "It is agreed and assented," the +act proceeds, "that no such prises shall be henceforth made +without ready payment and agreement, and that none shall +harbour or sojourn at the house of any other by such malice +against the consent of him which is owner of the house to +destroy his goods; and, if any shall do the same, such prises, +and such manner of destruction, shall be holden for open +robbery, and the king shall have the suit thereof, if others will +not, nor dare not sue. It is agreed also, that none shall keep +idle people nor kearn (foot-soldiers) in time of peace to live +upon the poor of the country, but that those which will have +them, shall keep them at their own charges, so that their free +tenants, nor farmers, nor other tenants, be not charged with +them." The statute proceeds to restrain great lords or others, +except such as have royal franchises, from giving protections, +which they used to compel the people to purchase; and directs +that there shall be commissions of assize and gaol delivery +through all the counties of Ireland.<a name="FNanchor_492" id="FNanchor_492" href="#Footnote_492" class="fnanchor">[492]</a> +</p> + +<p>These regulations exhibit a picture of Irish miseries. The +barbarous practices of coshering and bonaght, the latter of +which was generally known in later times by the name of coyne +and livery, had been borrowed from those native chieftains +<span class="pagenum"><a name="Page_312" id="Page_312">312</a></span> +whom our modern Hibernians sometimes hold forth as the +paternal benefactors of their country.<a name="FNanchor_493" id="FNanchor_493" href="#Footnote_493" class="fnanchor">[493]</a> + It was the crime of the +Geraldines and the De Courcys to have retrograded from the +comparative humanity and justice of England, not to have +deprived the people of freedom and happiness they had never +known. These degenerate English, an epithet by which they +are always distinguished, paid no regard to the statutes of a +parliament which they had disdained to attend, and which +could not render itself feared. We find many similar laws in +the fifteenth century, after the interval which I have noticed +in the printed records. And, in the intervening period, a parliament +held by Lionel Duke of Clarence, second son of Edward +III., at Kilkenny, in 1367, the most numerous assembly that +had ever met in Ireland, was prevailed upon to pass a very severe +statute against the insubordinate and degenerate colonists. It +recites that the English of the realm of Ireland were become +mere Irish in their language, names, apparel, and manner of +living, that they had rejected the English laws, and allied themselves +by intermarriage with the Irish. It prohibits, under the +penalties of high treason, or at least of forfeiture of lands, all +these approximations to the native inhabitants, as well as the +connections of fostering and gossipred. The English are restrained +from permitting the Irish to grace their lands, from +presenting them to benefices, or receiving them into religious +houses, and from entertaining their bards. On the other hand, +they are forbidden to make war upon their Irish neighbours +without the authority of the state. And, to enforce better +these provisions, the king's sheriffs are empowered to enter all +franchises for the apprehension of felons or traitors.<a name="FNanchor_494" id="FNanchor_494" href="#Footnote_494" class="fnanchor">[494]</a> +</p> + +<p><i>Disorderly state of the island.</i>—This statute, like all others +passed in Ireland, so far from pretending to bind the Irish, +regarded them not only as out of the king's allegiance, but as +perpetually hostile to his government. They were generally +denominated the Irish enemy. This doubtless was not according +to the policy of Henry II., nor of the English government +a considerable time after his reign. Nor can it be said to be +the fact, though from some confusion of times the assertion is +often made, that the island was not subject, in a general sense, +to that prince and to the three next kings of England. The +English were settled in every province; an imperfect division +<span class="pagenum"><a name="Page_313" id="Page_313">313</a></span> +of counties and administration of justice subsisted; and even +the Irish chieftains, though ruling their septs by the Brehon +law, do not appear in that period to have refused the acknowledgment +of the king's sovereignty. But compelled to defend +their lands against perpetual aggression, they justly renounced +all allegiance to a government which could not redeem the +original wrong of its usurpation by the benefits of protection. +They became gradually stronger; they regained part of their +lost territories; and after the era of 1315, when Edward Bruce +invaded the kingdom with a Scots army, and, though ultimately +defeated, threw the government into a disorder from which it +never recovered, their progress was so rapid, that in the space +of thirty or forty years, the northern provinces, and even part +of the southern, were entirely lost to the Crown of England.<a name="FNanchor_495" id="FNanchor_495" href="#Footnote_495" class="fnanchor">[495]</a> +</p> + +<p>It is unnecessary in so brief a sketch to follow the unprofitable +annals of Ireland in the fourteenth and fifteenth centuries. +Amidst the usual variations of war, the English interests were +continually losing ground. Once only Richard II. appeared +with a very powerful army, and the princes of Ireland crowded +round his throne to offer homage.<a name="FNanchor_496" id="FNanchor_496" href="#Footnote_496" class="fnanchor">[496]</a> + But, upon his leaving the +kingdom, they returned of course to their former independence +and hostility. The long civil wars of England in the next +century consummated the ruin of its power over the sister +island. The Irish possessed all Ulster, and shared Connaught +with the degenerate Burkes. The sept of O'Brien held their own +district of Thomond, now the county of Clare. A considerable +part of Leinster was occupied by other independent tribes; +while, in the south, the Earls of Desmond, lords either by +property or territorial jurisdiction of the counties of Kerry and +Limerick, and in some measure of those of Cork and Waterford, +united the turbulence of English barons with the savage manners +of Irish chieftains; ready to assume either character as best +suited their rapacity and ambition; reckless of the king's laws +or his commands, but not venturing, nor upon the whole, +probably wishing, to cast off the name of his subjects. The +elder branch of their house, the Earls of Kildare, and another +illustrious family, the Butlers, Earls of Ormond, were apparently +more steady in their obedience to the Crown; yet, in the great +franchises of the latter, comprising the counties of Kilkenny +and Tipperary, the king's writ had no course; nor did he +<span class="pagenum"><a name="Page_314" id="Page_314">314</a></span> +exercise any civil or military authority but by the permission of +this mighty peer.<a name="FNanchor_497" id="FNanchor_497" href="#Footnote_497" class="fnanchor">[497]</a> +</p> + +<p><i>English Law confined to the pale.</i>—Thus, in the reign of Henry +VII., when the English authority over Ireland had reached its +lowest point, it was, with the exception of a very few sea-ports, +to all intents confined to the four counties of the English pale, +a name not older perhaps than the preceding century; those of +Dublin, Louth, Kildare, and Meath, the latter of which at that +time included West Meath. But even in these there were +extensive marches, or frontier districts, the inhabitants of which +were hardly distinguishable from the Irish, and paid them a +tribute, called black-rent; so that the real supremacy of the +English laws was not probably established beyond the two first +of these counties, from Dublin to Dundalk on the coast, and for +about thirty miles inland.<a name="FNanchor_498" id="FNanchor_498" href="#Footnote_498" class="fnanchor">[498]</a> + From this time, however, we are +to date its gradual recovery. The more steady councils and +firmer prerogative of the Tudor kings left little chance of escape +from their authority either for rebellious peers of English race, +or the barbarous chieftains of Ireland.</p> + +<p>I must pause at this place to observe that we shall hardly +find in the foregoing sketch of Irish history, during the period of +the Plantagenet dynasty (nor am I conscious of having concealed +any thing essential), that systematic oppression and misrule +which is every day imputed to the English nation and its government. +The policy of our kings appears to have generally been +wise and beneficent; but it is duly to be remembered that those +very limitations of their prerogative which constitute liberty, +must occasionally obstruct the execution of the best purposes; +and that the co-ordinate powers of parliament, so justly our +boast, may readily become the screen of private tyranny and +inveterate abuse. This incapacity of doing good as well as harm +has produced, comparatively speaking, little mischief in Great +<span class="pagenum"><a name="Page_315" id="Page_315">315</a></span> +Britain; where the aristocratical element of the constitution is +neither so predominant, nor so much in opposition to the general +interest, as it may be deemed to have been in Ireland. But +it is manifestly absurd to charge the Edwards and Henrys, or +those to whom their authority was delegated at Dublin, with +the crimes they vainly endeavoured to chastise, much more to +erect either the wild barbarians of the north, the O'Neals and +O'Connors, or the degenerate houses of Burke and Fitzgerald, +into patriot assertors of their country's welfare. The laws and +liberties of England were the best inheritance to which Ireland +could attain; the sovereignty of the English crown her only +shield against native or foreign tyranny. It was her calamity +that these advantages were long withheld; but the blame can +never fall upon the government of this island.</p> + +<p>In the contest between the houses of York and Lancaster, +most of the English colony in Ireland had attached themselves +to the fortunes of the White Rose; they even espoused the two +pretenders who put in jeopardy the crown of Henry VII.; and +became, of course, obnoxious to his jealousy, though he was +politic enough to forgive in appearance their disaffection. But, +as Ireland had for a considerable time rather served the purposes +of rebellious invaders than of the English monarchy, it was +necessary to make her subjection, at least so far as the settlers +of the pale were concerned, more than a word. This produced +the famous statute of Drogheda in 1495, known by the name of +Poyning's law, from the lord deputy through whose vigour and +prudence it was enacted. It contains a variety of provisions +to restrain the lawlessness of the Anglo-Irish within the pale +(for to no others could it immediately extend), and to confirm +the royal sovereignty. All private hostilities without the +deputy's licence were declared illegal; but to excite the Irish +to war was made high treason. Murders were to be prosecuted +according to law, and not in the manner of the natives, by +pillaging, or exacting a fine from the sept of the slayer. The +citizens or freemen of towns were prohibited from receiving +wages or becoming retainers of lords and gentlemen; and, to +prevent the ascendency of the latter class, none who had not +served apprenticeships were to be admitted as aldermen or +freemen of corporations. The requisitions of coyne and livery, +which had subsisted in spite of the statutes of Kilkenny, were +again forbidden, and those statutes were renewed and confirmed. +The principal officers of state and the judges were to hold their +patents during pleasure, "because of the great inconveniences +<span class="pagenum"><a name="Page_316" id="Page_316">316</a></span> +that had followed from their being for term of life, to the king's +grievous displeasure." A still more important provision, in its +permanent consequence, was made, by enacting that all statutes +lately made in England be deemed good and effectual in Ireland. +It has been remarked that the same had been done by an Irish +act of Edward IV. Some question might also be made, whether +the word "lately" was not intended to limit this acceptation +of English law. But in effect this enactment has made an epoch +in Irish jurisprudence; all statutes made in England prior to +the eighteenth year of Henry VII. being held equally valid in +Ireland, while none of later date have any operation, unless +specially adopted by its parliament; so that the law of the two +countries has begun to diverge from that time, and after three +centuries has been in several respects differently modified.</p> + +<p>But even these articles of Poyning's law are less momentous +than one by which it is peculiarly known. It is enacted that no +parliament shall in future be holden in Ireland, till the king's +lieutenant shall certify to the king, under the great seal, the +causes and considerations, and all such acts as it seems to them +ought to be passed thereon, and such be affirmed by the king +and his council, and his licence to hold a parliament be obtained. +Any parliament holden contrary to this form and provision +should be deemed void. Thus, by securing the initiative power +to the English council, a bridle was placed in the mouths of every +Irish parliament. It is probable also that it was designed as a +check on the lord-deputies, sometimes powerful Irish nobles, +whom it was dangerous not to employ, but still more dangerous +to trust. Whatever might be its motives, it proved in course of +time the great means of preserving the subordination of an +island, which, from the similarity of constitution, and the high +spirit of its inhabitants, was constantly panting for an independence +which her more powerful neighbour neither desired nor +dared to concede.<a name="FNanchor_499" id="FNanchor_499" href="#Footnote_499" class="fnanchor">[499]</a> +</p> + +<p><i>Royal authority revives under Henry VIII.</i>—No subjects of the +Crown in Ireland enjoyed such influence at this time as the Earls +of Kildare; whose possessions lying chiefly within the pale, +they did not affect an ostensible independence, but generally +kept in their hands the chief authority of government, though +it was the policy of the English court, in its state of weakness, to +balance them in some measure by the rival family of Butler. +But the self-confidence with which this exaltation inspired the +chief of the former house laid him open to the vengeance of +<span class="pagenum"><a name="Page_317" id="Page_317">317</a></span> +Henry VIII.; he affected, while lord-deputy, to be surrounded +by Irish lords, to assume their wild manners, and to intermarry +his daughters with their race. The counsellors of English birth +or origin dreaded this suspicious approximation to their hereditary +enemies; and Kildare, on their complaint, was compelled +to obey his sovereign's order by repairing to London. He was +committed to the Tower; on a premature report that he had +suffered death, his son, a young man to whom he had delegated +the administration, took up arms under the rash impulse of +resentment; the primate was murdered by his wild followers, +but the citizens of Dublin and the reinforcements sent from +England suppressed this hasty rebellion, and its leader was sent +a prisoner to London. Five of his uncles, some of them not +concerned in the treason, perished with him on the scaffold; his +father had been more fortunate in a natural death; one sole +surviving child of twelve years old, who escaped to Flanders, +became afterwards the stock from which the great family of the +Geraldines was restored.<a name="FNanchor_500" id="FNanchor_500" href="#Footnote_500" class="fnanchor">[500]</a> +</p> + +<p>The chieftains of Ireland were justly attentive to the stern +and systematic despotism which began to characterise the +English government, displayed, as it thus was, in the destruction +of an ancient and loyal house. But their intimidation +produced contrary effects; they became more ready to profess +allegiance and to put on the exterior badges of submission; but +more jealous of the Crown in their hearts, more resolute to +preserve their independence, and to withstand any change of +laws. Thus, in the latter years of Henry, after the northern +Irish had been beaten by an able deputy, Lord Leonard Grey, +and the lordship of Ireland, the title hitherto borne by the +successors of Henry II., had been raised by act of parliament +to the dignity of a kingdom,<a name="FNanchor_501" id="FNanchor_501" href="#Footnote_501" class="fnanchor">[501]</a> + the native chiefs came in and submitted; +the Earl of Desmond, almost as independent as any of +the natives, attended parliament, from which his ancestors had +for some ages claimed a dispensation; several peerages were +conferred, some of them on the old Irish families; fresh laws +were about the same time enacted to establish the English dress +and language, and to keep the colonists apart from Irish intercourse;<a name="FNanchor_502" id="FNanchor_502" href="#Footnote_502" class="fnanchor">[502]</a> + +and after a disuse of two hundred years, the authority +<span class="pagenum"><a name="Page_318" id="Page_318">318</a></span> +of government was nominally recognised throughout Munster +and Connaught.<a name="FNanchor_503" id="FNanchor_503" href="#Footnote_503" class="fnanchor">[503]</a> + Yet we find that these provinces were still +in nearly the same condition as before; the king's judges did +not administer justice in them, the old Brehon usages continued +to prevail even in the territories of the new peers, though their +primogenitary succession was evidently incompatible with Irish +tanistry. A rebellion of two septs in Leinster under Edward VI. +led to a more complete reduction of their districts, called Leix +and O'Fally, which in the next reign were made shireland, by +the names of King's and Queen's County.<a name="FNanchor_504" id="FNanchor_504" href="#Footnote_504" class="fnanchor">[504]</a> + But, at the accession +of Elizabeth, it was manifest that an arduous struggle would +ensue between law and liberty; the one too nearly allied to cool-blooded +oppression, the other to ferocious barbarism.</p> + +<p>It may be presumed, as has been already said, from the +analogy of other countries, that Ireland, if left to herself, would +have settled in time under some one line of kings, and assumed, +like Scotland, much of the feudal character, the best transitional +state of a monarchy from rudeness and anarchy to civilisation. +And, if the right of female succession had been established, it +might possibly have been united to the English Crown on a +juster footing, and with far less of oppression or bloodshed than +actually took place. But it was too late to dream of what might +have been: in the middle of the sixteenth century Ireland could +have no reasonable prospect of independence; nor could that +independence have been any other than the most savage liberty, +perhaps another denomination of serviture. It was doubtless +for the interest of that people to seek the English constitution, +which, at least in theory, was entirely accorded to their country, +and to press with spontaneous homage round the throne of +Elizabeth. But this was not the interest of their ambitious +chieftains, whether of Irish or English descent, of a Slanes +O'Neil, an Earl of Tyrone, an Earl of Desmond. Their influence +was irresistible among a nation ardently sensible to the attachments +<span class="pagenum"><a name="Page_319" id="Page_319">319</a></span> +of clanship, averse to innovation, and accustomed to +dread and hate a government that was chiefly known by its +severities. But the unhappy alienation of Ireland from its +allegiance in part of the queen's reign would probably not have +been so complete, or at least led to such permanent mischiefs, +if the ancient national animosities had not been exasperated by +the still more invincible prejudices of religion.</p> + +<p><i>Resistance of Irish to act of supremacy.</i>—Henry VIII. had no +sooner prevailed on the Lords and Commons of England to renounce +their spiritual obedience to the Roman see, and to +acknowledge his own supremacy, than, as a natural consequence, +he proceeded to establish it in Ireland. In the former instance, +many of his subjects, and even his clergy, were secretly attached +to the principles of the reformation; as many others were +jealous of ecclesiastical wealth, or eager to possess it. But in +Ireland the reformers had made no progress; it had been among +the effects of the pernicious separation of the two races, that the +Irish priests had little intercourse with their bishops, who were +nominated by the king, so that their synods are commonly +recited to have been holden <i><span lang="la" xml:lang="la">inter Anglicos</span></i>; the bishops themselves +were sometimes intruded by violence, more often dispossessed +by it; a total ignorance and neglect prevailed in the +church; and it is even found impossible to recover the succession +of names in some sees.<a name="FNanchor_505" id="FNanchor_505" href="#Footnote_505" class="fnanchor">[505]</a> + In a nation so ill predisposed, it was +difficult to bring about a compliance with the king's demand of +abjuring their religion; ignorant, but not indifferent, the clergy, +with Cromer the primate at their head, and most of the Lords +and Commons, in a parliament held at Dublin in 1536, resisted +the act of supremacy; which was nevertheless ultimately carried +by the force of government. Its enemies continued to withstand +the new schemes of reformation, more especially in the +next reign, when they went altogether to subvert the ancient +faith. As it appeared dangerous to summon a parliament, the +English liturgy was ordered by a royal proclamation; but +Dowdall, the new primate, as stubborn an adherent of the +Romish church as his predecessor, with most of the other +bishops and clergy, refused obedience; and the reformation was +never legally established in the short reign of Edward. His +eldest sister's accession reversed of course, what had been done, +and restored tranquillity in ecclesiastical matters; for the +protestants were too few to be worth persecution, nor were even +those molested who fled to Ireland from the fires of Smithfield. +<span class="pagenum"><a name="Page_320" id="Page_320">320</a></span></p> + +<p><i>Protestant church established by Elizabeth.</i>—Another scene of +revolution ensued in a very few years. Elizabeth having fixed +the protestant church on a stable basis in England, sent over the +Earl of Sussex to hold an Irish parliament in 1560. The disposition +of such an assembly might be presumed hostile to the +projected reformations; but, contrary to what had occurred on +this side of the channel, though the peers were almost uniformly +for the old religion, a large majority of the bishops are said to +have veered round with the times, and supported, at least by +conformity and acquiescence, the creed of the English court. +In the House of Commons, pains had been taken to secure a +majority; ten only out of twenty counties, which had at that +time been formed, received the writ of summons; and the +number of seventy-six representatives of the Anglo-Irish people +was made up by the towns, many of them under the influence +of the Crown, some perhaps containing a mixture of protestant +population. The English laws of supremacy and uniformity +were enacted in nearly the same words; and thus the common +prayer was at once set up instead of the mass, but with a singular +reservation, that in those parts of the country where the minister +had no knowledge of the English language, he might read the +service in Latin. All subjects were bound to attend the public +worship of the church, and every other was interdicted.<a name="FNanchor_506" id="FNanchor_506" href="#Footnote_506" class="fnanchor">[506]</a> +</p> + +<p>There were doubtless three arguments in favour of this compulsory +establishment of the protestant church, which must +have appeared so conclusive to Elizabeth and her council, that +no one in that age could have disputed them without incurring, +among other hazards, that of being accounted a lover of +unreasonable paradoxes. The first was, that the protestant +religion being true, it was the queen's duty to take care that her +subjects should follow no other; the second, that, being an +absolute monarch, or something like it, and a very wise princess, +she had a better right to order what doctrine they should believe, +than they could have to choose for themselves; the third, that +Ireland, being as a handmaid, and a conquered country, must +wait, in all important matters, on the pleasure of the greater +island, and be accommodated to its revolutions. And, as it was +natural that the queen and her advisers should not reject +maxims which all the rest of the world entertained, merely +because they were advantageous to themselves, we need not +perhaps be very acrimonious in censuring the laws whereon the +church of Ireland is founded. But it is still equally true that +<span class="pagenum"><a name="Page_321" id="Page_321">321</a></span> +they involve a principle essentially unjust, and that they have +enormously aggravated, both in the age of Elizabeth and long +afterwards, the calamities and the disaffection of Ireland. An +ecclesiastical establishment, that is, the endowment and +privileges of a particular religious society, can have no advantages +(relatively at least to the community where it exists), +but its tendency to promote in that community good order and +virtue, religious knowledge and edification. But, to accomplish +this end in any satisfactory manner, it must be their church, +and not that merely of the government; it should exist for the +people, and in the people, and with the people. This indeed +is so manifest, that the government of Elizabeth never contemplated +the separation of a great majority as licensed dissidents +from the ordinances established for their instruction. +It was undoubtedly presumed, as it was in England, that the +church and commonwealth, according to Hooker's language, +were to be two denominations of the same society; and that +every man in Ireland who appertained to the one ought to +embrace, and in due season would embrace, the communion of +the other. There might be ignorance, there might be obstinacy, +there might be feebleness of conscience for a time; and perhaps +some connivance would be shown to these; but that the prejudices +of a majority should ultimately prevail so as to determine +the national faith, that it should even obtain a legitimate indulgence +for its own mode of worship, was abominable before +God, and incompatible with the sovereign authority.</p> + +<p>This sort of reasoning, half bigotry, half despotism, was +nowhere so preposterously displayed as in Ireland. The numerical +majority is not always to be ascertained with certainty; +and some regard may fairly, or rather necessarily, be had to +rank, to knowledge, to concentration. But in that island, the +disciples of the reformation were in the most inconsiderable +proportion among the Anglo-Irish colony, as well as among the +natives; their church was a government without subjects, a +college of shepherds without sheep. I am persuaded that this +was not intended nor expected to be a permanent condition; +but such were the difficulties which the state of that unhappy +nation presented, or such the negligence of its rulers, that scarce +any pains were taken in the age of Elizabeth, nor indeed in +subsequent ages, to win the people's conviction or to eradicate +their superstitions, except by penal statutes and the sword. +The Irish language was universally spoken without the pale; +it had even made great progress within it; the clergy were +<span class="pagenum"><a name="Page_322" id="Page_322">322</a></span> +principally of that nation; yet no translation of the scriptures, +the chief means through which the reformation had been effected +in England and Germany, nor even of the regular liturgy, was +made into that tongue; nor was it possible, perhaps, that any +popular instruction should be carried far in Elizabeth's reign, +either by public authority, or by the ministrations of the +reformed clergy. Yet neither among the Welsh nor the Scots +Highlanders, though Celtic tribes, and not much better in civility +of life at that time than the Irish, was the ancient religion +long able to withstand the sedulous preachers of reformation.</p> + +<p>It is evident from the history of Elizabeth's reign, that the +forcible dispossession of the catholic clergy, and their consequent +activity in deluding a people too open at all times to +their counsels, aggravated the rebellious spirit of the Irish, and +rendered their obedience to the law more unattainable. But, +even independently of this motive, the Desmonds and Tyrones +would have tried, as they did, the chances of insurrection, +rather than abdicate their unlicensed but ancient chieftainship. +It must be admitted that, if they were faithless in promises of +loyalty, the Crown's representatives in Ireland set no good +example; and, when they saw the spoliations of property by +violence or pretext of law, the sudden executions on alleged +treasons, the breaches of treaty, sometimes even the assassinations, +by which a despotic policy went onward in its work of +subjugation, they did but play the usual game of barbarians in +opposing craft and perfidy, rather more gross perhaps and +notorious, to the same engines of a dissembling government.<a name="FNanchor_507" id="FNanchor_507" href="#Footnote_507" class="fnanchor">[507]</a> + +<span class="pagenum"><a name="Page_323" id="Page_323">323</a></span> +Yet if we can put any trust in our own testimonies, the great +families were, by mismanagement and dissension, the curse of +their vassals. Sir Henry Sidney represents to the queen, in +1567, the wretched condition of the southern and western +counties in the vast territories of the Earls of Ormond, Desmond, +and Clanricarde.<a name="FNanchor_508" id="FNanchor_508" href="#Footnote_508" class="fnanchor">[508]</a> + "An unmeasurable tract," he says, "is now +waste and uninhabited, which of late years was well tilled and +pastured." "A more pleasant nor a more desolate land I +never saw than from Youghall to Limerick."<a name="FNanchor_509" id="FNanchor_509" href="#Footnote_509" class="fnanchor">[509]</a> + "So far hath +that policy, or rather lack of policy, in keeping dissension among +them prevailed, as now, albeit all that are alive would become +honest and live in quiet, yet are there not left alive in those +two provinces the twentieth person necessary to inhabit the +same."<a name="FNanchor_510" id="FNanchor_510" href="#Footnote_510" class="fnanchor">[510]</a> + Yet this was but the first scene of calamity. After +the rebellion of the last Earl of Desmond, the counties of Cork +and Kerry, his ample patrimony, were so wasted by war and +military executions, and famine and pestilence, that, according +to a contemporary writer, who expresses the truth with hyperbolical +energy, "the land itself, which before those wars was +populous, well inhabited, and rich in all the good blessings of +God, being plenteous of corn, full of cattle, well stored with +fruit and sundry other good commodities, is now become waste +and barren, yielding no fruits, the pastures no cattle, the fields +no corn, the air no birds, the seas, though full of fish, yet to them +yielding nothing. Finally, every way the curse of God was so +great, and the land so barren both of man and beast, that whosoever +did travel from the one end unto the other of all Munster, +even from Waterford to the head of Limerick, which is about +six-score miles, he should not meet any man, woman, or child, +saving in towns and cities; nor yet see any beast but the very +wolves, the foxes, and other like ravening beasts."<a name="FNanchor_511" id="FNanchor_511" href="#Footnote_511" class="fnanchor">[511]</a> + The +severity of Sir Arthur Grey, at this time deputy, was such that +<span class="pagenum"><a name="Page_324" id="Page_324">324</a></span> +Elizabeth was assured he had left little for her to reign over but +ashes and carcasses; and, though not by any means of too +indulgent a nature, she was induced to recall him.<a name="FNanchor_512" id="FNanchor_512" href="#Footnote_512" class="fnanchor">[512]</a> + His successor, +Sir John Perrott, who held the viceroyalty only from +1584 to 1587, was distinguished for a sense of humanity and +justice, together with an active zeal for the enforcement of law. +Sheriffs were now appointed for the five counties into which +Connaught had some years before been parcelled; and even for +Ulster, all of which, except Antrim and Down, had hitherto +been undivided, as well as ungoverned.<a name="FNanchor_513" id="FNanchor_513" href="#Footnote_513" class="fnanchor">[513]</a> + Yet even this apparently +wholesome innovation aggravated at first the servitude +of the natives, whom the new sheriffs were prone to oppress.<a name="FNanchor_514" id="FNanchor_514" href="#Footnote_514" class="fnanchor">[514]</a> + +Perrott, the best of Irish governors, soon fell a sacrifice to a +court intrigue and the queen's jealousy; and the remainder of +her reign was occupied with almost unceasing revolts of the +Earl of Tyrone, head of the great sept of O'Neil in Ulster, instigated +by Rome and Spain, and endangering, far more than any +preceding rebellion, her sovereignty over Ireland.</p> + +<p>The old English of the pale were little more disposed to +embrace the reformed religion, or to acknowledge the despotic +principles of a Tudor administration, than the Irish themselves; +and though they did not join in the rebellions of those they so +much hated, the queen's deputies had sometimes to encounter +a more legal resistance. A new race of colonists had begun to +appear in their train, eager for possessions, and for the rewards +of the Crown, contemptuous of the natives, whether aboriginal +or of English descent, and in consequence the objects of their +<span class="pagenum"><a name="Page_325" id="Page_325">325</a></span> +aversion or jealousy.<a name="FNanchor_515" id="FNanchor_515" href="#Footnote_515" class="fnanchor">[515]</a> + Hence in a parliament summoned by +Sir Henry Sidney in 1569, the first after that which had reluctantly +established the protestant church, a strong country party, +as it may be termed, was formed in opposition to the Crown. +They complained with much justice of the management by +which irregular returns of members had been made; some from +towns not incorporated, and which had never possessed the +elective right; some self-chosen sheriffs and magistrates; some +mere English strangers, returned for places which they had +never seen. The judges, on reference to their opinion, declared +the elections illegal in the two former cases: but confirmed the +non-resident burgesses, which still left a majority for the court.</p> + +<p>The Irish patriots, after this preliminary discussion, opposed +a new tax upon wines, and a bill for the suspension of Poyning's +law. Hooker, an Englishman, chosen for Athenry, to whose +account we are chiefly indebted for our knowledge of these proceedings, +sustained the former in that high tone of a prerogative +lawyer which always best pleased his mistress. "Her majesty," +he said, "of her own royal authority, might and may establish +the same without any of your consents, as she hath already done +the like in England; saving of her courtesy, it pleaseth her to +have it pass with your own consents by order of law, that she +might thereby have the better trial and assurance of your +dutifulness and good-will towards her." This language from +a stranger, unusual among a people proud of their birthright in +the common constitution, and little accustomed even to legitimate +obedience, raised such a flame that the house was +adjourned; and it was necessary to protect the utterer of such +doctrines by a guard. The duty on wines, laid aside for the +time, was carried in a subsequent session in the same year; and +several other statutes were enacted, which, as they did not +affect the pale, may possibly have encountered no opposition. +A part of Ulster, forfeited by Slanes O'Neil, a rebel almost as +formidable in the first years of this reign as his kinsman Tyrone +was near its conclusion, was vested in the Crown; and some +provisions were made for the reduction of the whole island into +shires. Connaught, in consequence, which had passed for one +county, was divided into five.<a name="FNanchor_516" id="FNanchor_516" href="#Footnote_516" class="fnanchor">[516]</a> +</p> + +<p>In Sir Henry Sidney's second government, which began in +1576, the pale was excited to a more strenuous resistance, by +<span class="pagenum"><a name="Page_326" id="Page_326">326</a></span> +an attempt to subvert their liberties. It had long been usual +to obtain a sum of money for the maintenance of the household +and of the troops, by an assessment settled between the council +and principal inhabitants of each district. This, it was contended +by the government, was instead of the contribution of +victuals which the queen, by her prerogative of purveyance, +might claim at a fixed rate, much lower than the current price.<a name="FNanchor_517" id="FNanchor_517" href="#Footnote_517" class="fnanchor">[517]</a> + +It was maintained on the other side to be a voluntary benevolence. +Sidney now devised a plan to change it for a cess or +permanent composition for every plough-land, without regard +to those which claimed exemption from the burthen of purveyance; +and imposed this new tax by order of council, as +sufficiently warrantable by the royal prerogative. The landowners +of the pale remonstrated against such a violation of +their franchises, and were met by the usual arguments. They +appealed to the text of the laws; the deputy replied by precedents +against law. "Her majesty's prerogative," he said, +"is not limited by Magna Charta, nor found in <i>Littleton's +Tenures</i>, nor written in the books of Assizes, but registered in +the remembrances of her majesty's exchequer, and remains in +the rolls of records of the Tower."<a name="FNanchor_518" id="FNanchor_518" href="#Footnote_518" class="fnanchor">[518]</a> + It was proved, according +to him, by the most ancient and credible records in the realm, +that such charges had been imposed from time to time, sometimes +by the name of cess, sometimes by other names, and more +often by the governor and council, with such of the nobility as +came on summons, than by parliament. These irregularities +did not satisfy the gentry of the pale, who refused compliance +with the demand, and still alleged that it was contrary both to +reason and law to impose any charge upon them without parliament +or grand council. A deputation was sent to England in +the name of all the subjects of the English pale. Sidney was +not backward in representing their behaviour as the effect of +disaffection; nor was Elizabeth likely to recede, where both her +authority and her revenue were apparently concerned. But, +after some demonstrations of resentment in committing the +delegates to the Tower, she took alarm at the clamours of their +countrymen; and, aware that the King of Spain was ready to +throw troops into Ireland, desisted with that prudence which +always kept her passion in command, accepting a voluntary +composition for seven years in the accustomed manner.<a name="FNanchor_519" id="FNanchor_519" href="#Footnote_519" class="fnanchor">[519]</a> + +<span class="pagenum"><a name="Page_327" id="Page_327">327</a></span></p> + +<p>James I. ascended the throne with as great advantages in +Ireland as in his other kingdoms. That island was already +pacified by the submission of Tyrone; and all was prepared +for a final establishment of the English power upon the basis +of equal laws and civilised customs; a reformation which in +some respects the king was not ill fitted to introduce. His +reign is perhaps on the whole the most important in the constitutional +history of Ireland, and that from which the present +scheme of society in that country is chiefly to be deduced.</p> + +<p>1. The laws of supremacy and uniformity, copied from those +of England, were incompatible with any exercise of the Roman +catholic worship, or with the admission of any members of that +church into civil trust. It appears indeed that they were by +no means strictly executed during the queen's reign; yet the +priests were of course excluded, so far as the English authority +prevailed, from their churches and benefices; the former were +chiefly ruined; the latter fell to protestant strangers, or to +conforming ministers of native birth, dissolute and ignorant, +as careless to teach as the people were predetermined not to +listen.<a name="FNanchor_520" id="FNanchor_520" href="#Footnote_520" class="fnanchor">[520]</a> + The priests, many of them, engaged in a conspiracy +<span class="pagenum"><a name="Page_328" id="Page_328">328</a></span> +with the court of Spain against the queen and her successor, +and all deeming themselves unjustly and sacrilegiously despoiled, +kept up the spirit of disaffection, or at least of resistance to +religious innovation, throughout the kingdom.<a name="FNanchor_521" id="FNanchor_521" href="#Footnote_521" class="fnanchor">[521]</a> + The accession +of James seemed a sort of signal for casting off the yoke of +heresy; in Cork, Waterford, and other cities, the people, not +without consent of the magistrates, rose to restore the catholic +worship; they seized the churches, ejected the ministers, +marched in public processions, and shut their gates against the +lord deputy. He soon reduced them to obedience; but almost +the whole nation was of the same faith, and disposed to struggle +for a public toleration. This was beyond every question their +natural right, and as certainly was it the best policy of England +to have granted it; but the king-craft and the priest-craft of +the day taught other lessons. Priests were ordered by proclamation +to quit the realm; the magistrates and chief citizens +<span class="pagenum"><a name="Page_329" id="Page_329">329</a></span> +of Dublin were committed to prison for refusing to frequent +the protestant church. The gentry of the pale remonstrated +at the court of Westminster; and, though their delegates atoned +for their self-devoted courage by imprisonment, the secret +menace of expostulation seems to have produced, as usual, some +effect, in a direction to the lord deputy that he should endeavour +to conciliate the recusants by instruction. These penalties of +recusancy, from whatever cause, were very little enforced; but +the catholics murmured at the oath of supremacy, which shut +them out from every distinction: though here again the execution +of the law was sometimes mitigated, they justly thought +themselves humiliated, and the liberties of their country endangered, +by standing thus at the mercy of the Crown. And +it is plain that, even within the pale, the compulsory statutes +were at least far better enforced than under the queen; while +in those provinces within which the law now first began to have +its course, the difference was still more acutely perceived.<a name="FNanchor_522" id="FNanchor_522" href="#Footnote_522" class="fnanchor">[522]</a> +</p> + +<p>2. <i>English law established throughout Ireland.</i>—The first care +of the new administration was to perfect the reduction of +Ireland into a civilised kingdom. Sheriffs were appointed +throughout Ulster; the territorial divisions of counties and +baronies were extended to the few districts that still wanted +them; the judges of assize went their circuits everywhere; the +customs of tanistry and gavelkind were determined by the court +of king's bench to be void; the Irish lords surrendered their +estates to the Crown, and received them back by the English +tenures of knight-service or socage; an exact account was taken +of the lands each of these chieftains possessed, that he might +be invested with none but those he occupied; while his tenants, +exempted from those uncertain Irish exactions, the source of +their servitude and misery, were obliged only to an annual quit-rent, +and held their own lands by a free tenure. The king's +<span class="pagenum"><a name="Page_330" id="Page_330">330</a></span> +writ was obeyed, at least in profession, throughout Ireland; +after four centuries of lawlessness and misgovernment, a golden +period was anticipated by the English courtiers; nor can we +hesitate to recognise the influence of enlightened, and sometimes +of benevolent minds, in the scheme of government now carried +into effect.<a name="FNanchor_523" id="FNanchor_523" href="#Footnote_523" class="fnanchor">[523]</a> + But two unhappy maxims debased their motives, +and discredited their policy; the first, that none but the true +religion, or the state's religion, could be suffered to exist in the +eye of the law; the second, that no pretext could be too harsh +or iniquitous to exclude men of a different race or erroneous +faith from their possessions.</p> + +<p>3. <i>Settlements of English in Munster, Ulster, and other parts.</i>—The +suppression of Slanes O'Neil's revolt in 1567 seems to have +suggested the thought, or afforded the means, of perfecting the +conquest of Ireland by the same methods that had been used +to commence it, an extensive plantation of English colonists. +The law of forfeiture came in very conveniently to further this +great scheme of policy. O'Neil was attainted in the parliament +of 1569; the territories which acknowledged him as chieftain, +comprising a large part of Down and Antrim, were vested in +the Crown; and a natural son of Sir Thomas Smith, secretary +of state, who is said to have projected this settlement, was sent +with a body of English to take possession of the lands thus +presumed in law to be vacant. This expedition however failed +of success; the native occupants not acquiescing in this doctrine +of our lawyers.<a name="FNanchor_524" id="FNanchor_524" href="#Footnote_524" class="fnanchor">[524]</a> + But fresh adventurers settled in different parts +<span class="pagenum"><a name="Page_331" id="Page_331">331</a></span> +of Ireland; and particularly after the Earl of Desmond's +rebellion in 1583, whose forfeiture was reckoned at 574,628 +Irish acres, though it seems probable that this is more than +double the actual confiscation.<a name="FNanchor_525" id="FNanchor_525" href="#Footnote_525" class="fnanchor">[525]</a> + These lands in the counties of +Cork and Kerry, left almost desolate by the oppression of the +Geraldines themselves, and the far greater cruelty of the government +in subduing them, were parcelled out among English +undertakers at low rents, but on condition of planting eighty-six +families on an estate of 12,000 acres; and in like proportion +for smaller possessions. None of the native Irish were to be +admitted as tenants; but neither this nor the other conditions +were strictly observed by the undertakers, and the colony +suffered alike by their rapacity and their neglect.<a name="FNanchor_526" id="FNanchor_526" href="#Footnote_526" class="fnanchor">[526]</a> + The oldest +of the second race of English families in Ireland are found among +the descendants of these Munster colonists. We find among +them also some distinguished names, that have left no memorial +in their posterity; Sir Walter Raleigh, who here laid the foundation +of his transitory success, and one not less in glory, and +hardly less in misfortune, Edmund Spenser. In a country +house once belonging to the Desmonds, on the banks of the +Mulla, near Doneraile, the three first books of the <i>Faery Queen</i> +were written; and here too the poet awoke to the sad realities +of life, and has left us, in his <i>Account of the State of Ireland</i>, the +most full and authentic document that illustrates its condition. +This treatise abounds with judicious observations; but we regret +the disposition to recommend an extreme severity in dealing with +the native Irish, which ill becomes the sweetness of his muse.</p> + +<p>The two great native chieftains of the north, the Earls of Tyrone +and Tyrconnel, a few years after the king's accession, engaged, +or were charged with having engaged, in some new conspiracy, +and flying from justice, were attainted of treason. Five +hundred thousand acres in Ulster were thus forfeited to the +Crown; and on this was laid the foundation of that great colony, +which has rendered that province, from being the seat of the +wildest natives, the most flourishing, the most protestant, and +the most enlightened part of Ireland. This plantation, though +projected no doubt by the king and by Lord Bacon, was chiefly +carried into effect by the lord deputy, Sir Arthur Chichester, +a man of great capacity, judgment, and prudence. He caused +surveys to be taken of the several counties, fixed upon proper +<span class="pagenum"><a name="Page_332" id="Page_332">332</a></span> +places for building castles or founding towns, and advised that +the lands should be assigned, partly to English or Scots undertakers, +partly to servitors of the Crown, as they were called, +men who had possessed civil or military offices in Ireland, +partly to the old Irish, even some of those who had been concerned +in Tyrone's rebellion. These and their tenants were +exempted from the oath of supremacy imposed on the new +planters. From a sense of the error committed in the queen's +time by granting vast tracts to single persons, the lands were +distributed in three classes, of 2000, 1500, and 1000 English +acres; and in every county one-half of the assignments was +to the smallest, the rest to the other two classes. Those who +received 2000 acres were bound within four years to build a +castle and bawn, or strong court-yard; the second class within +two years to build a stone or brick house with a bawn; the +third class a bawn only. The first were to plant on their lands +within three years forty-eight able men, eighteen years old or +upwards, born in England or the inland parts of Scotland; the +others to do the same in proportion to their estates. All the +grantees were to reside within five years, in person or by approved +agents, and to keep sufficient store of arms; they were not to +alienate their lands without the king's licence, nor to let them +for less than twenty-one years; their tenants were to live in +houses built in the English manner, and not dispersed, but in +villages. The natives held their lands by the same conditions, +except that of building fortified houses; but they were bound +to take no Irish exactions from their tenants, nor to suffer the +practice of wandering with their cattle from place to place. +In this manner were these escheated lands of Ulster divided +among a hundred and four English and Scots undertakers, fifty-six +servitors, and two hundred and eighty-six natives. All +lands which through the late anarchy and change of religion +had been lost to the church were restored; and some further +provision was made for the beneficed clergy. Chichester, as +was just, received an allotment in a far ampler measure than +the common servants of the Crown.<a name="FNanchor_527" id="FNanchor_527" href="#Footnote_527" class="fnanchor">[527]</a> +</p> + +<p>This noble design was not altogether completed according to +the platform. The native Irish, to whom some regard was +shown by these regulations, were less equitably dealt with by +the colonists, and by those other adventurers whom England +<span class="pagenum"><a name="Page_333" id="Page_333">333</a></span> +continually sent forth to enrich themselves and maintain her +sovereignty. Pretexts were sought to establish the Crown's +title over the possessions of the Irish; they were assailed through +a law which they had but just adopted, and of which they knew +nothing, by the claims of a litigious and encroaching prerogative, +against which no prescription could avail, nor any plea of fairness +and equity obtain favour in the sight of English-born +judges. Thus, in the King and Queen's counties, and in those +of Leitrim, Longford, and Westmeath, 385,000 acres were +adjudged to the Crown, and 66,000 in that of Wicklow. The +greater part was indeed regranted to the native owners on a +permanent tenure; and some apology might be found for this +harsh act of power in the means it gave of civilising those central +regions, always the shelter of rebels and robbers; yet this did +not take off the sense of forcible spoliation, which every foreign +tyranny renders so intolerable. Surrenders were extorted by +menaces; juries refusing to find the Crown's title were fined by +the council; many were dispossessed without any compensation, +and sometimes by gross perjury, sometimes by barbarous +cruelty. It is said that in the county of Longford the Irish +had scarcely one-third of their former possessions assigned to +them, out of three-fourths which had been intended by the +king. Those who had been most faithful, those even who had +conformed to the protestant church, were little better treated +than the rest. Hence, though in many new plantations great +signs of improvement were perceptible, though trade and tillage +increased, and towns were built, a secret rankling for those +injuries was at the heart of Ireland; and in these two leading +grievances, the penal laws against recusants, and the inquisition +into defective titles, we trace, beyond a shadow of doubt, the +primary source of the rebellion in 1641.<a name="FNanchor_528" id="FNanchor_528" href="#Footnote_528" class="fnanchor">[528]</a> +</p> + +<p> +<span class="pagenum"><a name="Page_334" id="Page_334">334</a></span></p> + +<p>4. <i>Constitution of Irish parliament.</i>—Before the reign of James, +Ireland had been regarded either as a conquered country, or +as a mere colony of English, according to the persons or the +provinces which were in question. The whole island now took +a common character, that of a subordinate kingdom, inseparable +from the English Crown, and dependent also, at least as was +taken for granted by our lawyers, on the English legislature; +but governed after the model of our constitution, by nearly the +same laws, and claiming entirely the same liberties. It was a +natural consequence, that an Irish parliament should represent, +or affect to represent, every part of the kingdom. None of +Irish blood had ever sat, either lords or commoners, till near +the end of Henry VIII.'s reign. The representation of the +twelve counties, into which Munster and part of Leinster were +divided, and of a few towns, which existed in the reign of Edward +III., if not later, was reduced by the defection of so many +English families to the limits of the four shires of the pale.<a name="FNanchor_529" id="FNanchor_529" href="#Footnote_529" class="fnanchor">[529]</a> + +The old counties, when they returned to their allegiance under +Henry VIII., and those afterwards formed by Mary and Elizabeth, +increased the number of the Commons: though in that +of 1567, as has been mentioned, the writs for some of them were +arbitrarily withheld. The two queens did not neglect to create +new boroughs, in order to balance the more independent representatives +of the old Anglo-Irish families by the English +retainers of the court. Yet it is said that in seventeen counties +out of thirty-two, into which Ireland was finally parcelled, there +was no town that returned burgesses to parliament before the +reign of James I., and the whole number in the rest was but +about thirty.<a name="FNanchor_530" id="FNanchor_530" href="#Footnote_530" class="fnanchor">[530]</a> + He created at once forty new boroughs, or +<span class="pagenum"><a name="Page_335" id="Page_335">335</a></span> +possibly rather more; for the number of the Commons, in 1613, +appears to have been 232.<a name="FNanchor_531" id="FNanchor_531" href="#Footnote_531" class="fnanchor">[531]</a> + It was several times afterwards +augmented, and reached its complement of 300 in 1692.<a name="FNanchor_532" id="FNanchor_532" href="#Footnote_532" class="fnanchor">[532]</a> + These +grants of the elective franchise were made, not indeed improvidently, +but with very sinister intents towards the freedom of +parliament; two-thirds of an Irish House of Commons, as it +stood in the eighteenth century, being returned with the mere +farce of election by wretched tenants of the aristocracy.</p> + +<p>The province of Connaught, with the adjoining county of +Clare, was still free from the intrusion of English colonists. +The Irish had complied, both under Elizabeth and James, with +the usual conditions of surrendering their estates to the Crown +in order to receive them back by a legal tenure. But, as these +grants, by some negligence, had not been duly enrolled in +Chancery (though the proprietors had paid large fees for that +security), the council were not ashamed to suggest, or the king +to adopt, an iniquitous scheme of declaring the whole country +forfeited, in order to form another plantation as extensive as +that of Ulster. The remonstrances of those whom such a project +threatened put a present stop to it; and Charles, on ascending +the throne, found it better to hear the proposals of his Irish +subjects for a composition. After some time, it was agreed +between the court and the Irish agents in London, that the +kingdom should voluntarily contribute £120,000 in three years +by equal payments, in return for certain graces, as they were +called, which the king was to bestow. These went to secure +the subject's title to his lands against the Crown after sixty +years' possession, and gave the people of Connaught leave to +enrol their grants, relieving also the settlers in Ulster or other +places from the penalties they had incurred by similar neglect. +The abuses of the council-chamber in meddling with private +<span class="pagenum"><a name="Page_336" id="Page_336">336</a></span> +causes, the oppression of the court of wards, the encroachments +of military authority, and excesses of the soldiers were restrained. +A free trade with the king's dominions or those of friendly +powers was admitted. The recusants were allowed to sue for +livery of their estates in the court of wards, and to practise in +courts of law, on taking an oath of mere allegiance instead of +that of supremacy. Unlawful exactions and severities of the +clergy were prohibited. These reformations of unquestionable +and intolerable evils, as beneficial as those contained nearly at +the same moment in the Petition of Right, would have saved +Ireland long ages of calamity, if they had been as faithfully +completed as they seemed to be graciously conceded. But +Charles I. emulated, on this occasion, the most perfidious tyrants. +It had been promised by an article in these graces, that a parliament +should be held to confirm them. Writs of summons were +accordingly issued by the lord deputy; but with no consideration +of that fundamental rule established by Poyning's law, +that no parliament should be held in Ireland until the king's +licence be obtained. This irregularity was of course discovered +in England, and the writs of summons declared to be void. +It would have been easy to remedy this mistake, if such it +were, by proceeding in the regular course with a royal licence. +But this was withheld; no parliament was called for a +considerable time; and, when the three years had elapsed +during which the voluntary contribution had been payable, +the king threatened to straiten his graces if it were not +renewed.<a name="FNanchor_533" id="FNanchor_533" href="#Footnote_533" class="fnanchor">[533]</a> +</p> + +<p>He had now placed in the vice-royalty of Ireland that star of +exceeding brightness, but sinister influence, the willing and able +instrument of despotic power, Lord Strafford. In his eyes the +country he governed belonged to the Crown by right of conquest; +neither the original natives, nor even the descendants of the +conquerors themselves, possessing any privileges which could +interfere with its sovereignty. He found two parties extremely +jealous of each other, yet each loth to recognise an absolute +prerogative, and thus in some measure having a common cause. +The protestants, not a little from bigotry, but far more from a +persuasion that they held their estates on the tenure of a rigid +religious monopoly, could not endure to hear of a toleration +of popery, which, though originally demanded, was not even +mentioned in the king's graces; and disapproved the indulgence +shown by those graces to recusants, which is said to have been +<span class="pagenum"><a name="Page_337" id="Page_337">337</a></span> +followed by an impolitic ostentation of the Romish worship.<a name="FNanchor_534" id="FNanchor_534" href="#Footnote_534" class="fnanchor">[534]</a> + +They objected to a renewal of the contribution both as the price +of this dangerous tolerance of recusancy, and as debarring the +protestant subjects of their constitutional right to grant money +only in parliament. Wentworth, however, insisted upon its +payment for another year, at the expiration of which a parliament +was to be called.<a name="FNanchor_535" id="FNanchor_535" href="#Footnote_535" class="fnanchor">[535]</a> +</p> + +<p>The king did not come without reluctance into this last +measure, hating, as he did, the very name of parliament; but +the lord deputy confided in his own energy to make it innoxious +and serviceable. They conspired together how to extort the +most from Ireland, and concede the least; Charles, in truth, +showing a most selfish indifference to anything but his own +revenue, and a most dishonourable unfaithfulness to his word.<a name="FNanchor_536" id="FNanchor_536" href="#Footnote_536" class="fnanchor">[536]</a> + +The parliament met in 1634, with a strong desire of insisting on +the confirmation of the graces they had already paid for; but +Wentworth had so balanced the protestant and recusant parties, +employed so skilfully the resources of fair promises and intimidation, +that he procured six subsidies to be granted before a +prorogation, without any mutual concession from the Crown.<a name="FNanchor_537" id="FNanchor_537" href="#Footnote_537" class="fnanchor">[537]</a> + +<span class="pagenum"><a name="Page_338" id="Page_338">338</a></span> +It had been agreed that a second session should be held for +confirming the graces; but in this, as might be expected, the +supplies having been provided, the request of both houses that +they might receive the stipulated reward met with a cold +reception; and ultimately the most essential articles, those +establishing a sixty years' prescription against the Crown, and +securing the titles of proprietors in Clare and Connaught, as +well as those which relieved the catholics in the court of wards +from the oath of supremacy, were laid aside. Statutes, on the +other hand, were borrowed from England, especially that of uses, +which cut off the methods they had hitherto employed for +evading the law's severity.<a name="FNanchor_538" id="FNanchor_538" href="#Footnote_538" class="fnanchor">[538]</a> +</p> + +<p>Strafford had always determined to execute the project of +the late reign with respect to the western counties. He proceeded +to hold an inquisition in each county of Connaught, and +summoned juries in order to preserve a mockery of justice in +the midst of tyranny. They were required to find the king's +<span class="pagenum"><a name="Page_339" id="Page_339">339</a></span> +title to all the lands, on such evidence as could be found and was +thought fit to be laid before them; and were told that what +would be best for their own interests would be to return such a +verdict as the king desired, what would be best for his, to do the +contrary; since he was able to establish it without their consent, +and wished only to invest them graciously with a large part of +what they now unlawfully withheld from him. These menaces +had their effect in all counties except that of Galway, where a +jury stood out obstinately against the Crown, and being in +consequence, as well as the sheriff, summoned to the castle in +Dublin, were sentenced to an enormous fine. Yet the remonstrances +of the western proprietors were so clamorous that no +steps were immediately taken for carrying into effect the designed +plantation; and the great revolutions of Scotland and +England which soon ensued gave another occupation to the +mind of Lord Strafford.<a name="FNanchor_539" id="FNanchor_539" href="#Footnote_539" class="fnanchor">[539]</a> + It has never been disputed that a +more uniform administration of justice in ordinary cases, a +stricter coercion of outrage, a more extensive commerce, evidenced +by the augmentation of customs, above all the foundation +of the great linen manufacture in Ulster, distinguished the +period of his government.<a name="FNanchor_540" id="FNanchor_540" href="#Footnote_540" class="fnanchor">[540]</a> + But it is equally manifest that +neither the reconcilement of parties, nor their affection to the +English Crown, could be the result of his arbitrary domination; +and that, having healed no wound he found, he left others to +break out after his removal. The despotic violence of this +minister towards private persons, and those of great eminence, +is in some instances well known by the proceedings on his impeachment, +and in others is sufficiently familiar by our historical +and biographical literature. It is indeed remarkable that we +find among the objects of his oppression and insult all that most +illustrates the contemporary annals of Ireland, the venerable +learning of Usher, the pious integrity of Bedell, the experienced +wisdom of Cork, and the early virtue of Clanricarde.</p> + +<p>The parliament assembled by Strafford in 1640 began with +loud professions of gratitude to the king for the excellent +governor he had appointed over them; they voted subsidies +to pay a large army raised to serve against the Scots, and seemed +eager to give every manifestation of zealous loyalty.<a name="FNanchor_541" id="FNanchor_541" href="#Footnote_541" class="fnanchor">[541]</a> + But +<span class="pagenum"><a name="Page_340" id="Page_340">340</a></span> +after their prorogation, and during the summer of that year, +as rapid a tendency to a great revolution became visible as in +England; the Commons, when they met again, seemed no longer +the same men; and, after the fall of their great viceroy, they +coalesced with his English enemies to consummate his destruction. +Hate smothered by fear, but inflamed by the same cause, +broke forth in a remonstrance of the Commons, presented +through a committee, not to the king, but a superior power, the +long parliament of England. The two houses united to avail +themselves of the advantageous moment, and to extort, as they +very justly might, from the necessities of Charles that confirmation +of his promises which had been refused in his prosperity. +Both parties, catholic as well as protestant, acted together in +this national cause, shunning for the present to bring forward +those differences which were not the less implacable for being +thus deferred. The catalogue of temporal grievances was long +enough to produce this momentary coalition: it might be +groundless in some articles, it might be exaggerated in more, +it might in many be of ancient standing; but few can pretend +to deny that it exhibits a true picture of the misgovernment of +Ireland at all times, but especially under the Earl of Strafford. +The king, in May 1641, consented to the greater part of their +demands; but unfortunately they were never granted by law.<a name="FNanchor_542" id="FNanchor_542" href="#Footnote_542" class="fnanchor">[542]</a> +</p> + +<p>But the disordered condition of his affairs gave encouragement +to hopes far beyond what any parliamentary remonstrances +could realise; hopes long cherished when they had +seemed vain to the world, but such as courage, and bigotry, +and resentment would never lay aside. The court of Madrid +had not abandoned its connection with the disaffected Irish, +especially of the priesthood; the son of Tyrone, and many +followers of that cause, served in its armies; and there seems +much reason to believe that in the beginning of 1641 the project +of insurrection was formed among the expatriated Irish, not +without the concurrence of Spain, and perhaps of Richelieu.<a name="FNanchor_543" id="FNanchor_543" href="#Footnote_543" class="fnanchor">[543]</a> + +<span class="pagenum"><a name="Page_341" id="Page_341">341</a></span> +The government had passed from the vigorous hands of Strafford +into those of two lords justices, Sir William Parsons and Sir +John Borlase, men by no means equal to the critical circumstances +wherein they were placed, though possibly too severely censured +by those who do not look at their extraordinary difficulties with +sufficient candour. The primary causes of the rebellion are not +to be found in their supineness or misconduct, but in the two +great sins of the English government; in the penal laws as to +religion which pressed on almost the whole people, and in the +systematic iniquity which despoiled them of their possessions. +They could not be expected to miss such an occasion of revolt; +it was an hour of revolution, when liberty was won by arms, +and ancient laws were set at nought; the very success of +their worst enemies, the covenanters in Scotland, seemed the +assurance of their own victory, as it was the reproach of their +submission.<a name="FNanchor_544" id="FNanchor_544" href="#Footnote_544" class="fnanchor">[544]</a> +</p> + +<p> +<span class="pagenum"><a name="Page_342" id="Page_342">342</a></span></p> + +<p><i>Rebellion of 1641.</i>—The rebellion broke out, as is well known, +by a sudden massacre of the Scots and English in Ulster, designed +no doubt by a vindictive and bigoted people to extirpate +those races, and, if contemporary authorities are to be credited, +falling little short of this in its execution. Their evident exaggeration +has long been acknowledged; but possibly the +scepticism of later writers has extenuated rather too much the +horrors of this massacre.<a name="FNanchor_545" id="FNanchor_545" href="#Footnote_545" class="fnanchor">[545]</a> + It was certainly not the crime of the +<span class="pagenum"><a name="Page_343" id="Page_343">343</a></span> +catholics generally; nor, perhaps, in the other provinces of +Ireland are they chargeable with more cruelty than their +opponents.<a name="FNanchor_546" id="FNanchor_546" href="#Footnote_546" class="fnanchor">[546]</a> + Whatever may have been the original intentions +of the lords of the pale, or of the Anglo-Irish professing the old +religion in general (which has been a problem in history), a +few months only elapsed before they were almost universally +engaged in the war.<a name="FNanchor_547" id="FNanchor_547" href="#Footnote_547" class="fnanchor">[547]</a> + The old distinctions of Irish and English +blood were obliterated by those of religion; and it became a +desperate contention whether the majority of the nation should +be trodden to the dust by forfeiture and persecution, or the +Crown lose everything beyond a nominal sovereignty over +Ireland. The insurgents, who might once perhaps have been +content with a repeal of the penal laws, grew naturally in their +demands through success, or rather through the inability of the +<span class="pagenum"><a name="Page_344" id="Page_344">344</a></span> +English government to keep the field, and began to claim the +entire establishment of their religion; terms in themselves not +unreasonable, nor apparently disproportionate to their circumstances, +and which the king was, in his distresses, nearly ready +to concede, but such as never could have been obtained from +a third party, of whom they did not sufficiently think, the +parliament and people of England. The Commons had, at the +very beginning of the rebellion, voted that all the forfeited estates +of the insurgents should be allotted to such as should aid in +reducing the island to obedience; and thus rendered the war +desperate on the part of the Irish.<a name="FNanchor_548" id="FNanchor_548" href="#Footnote_548" class="fnanchor">[548]</a> +</p> + +<p><i>Subjugation of the Irish by Cromwell.</i>—No great efforts were +made, however, for some years; but, after the king's person had +fallen into their hands, the victorious party set themselves in +earnest to effect the conquest of Ireland. This was achieved by +Cromwell and his powerful army after several years, with such +bloodshed and rigour that, in the opinion of Lord Clarendon, the +sufferings of that nation, from the outset of the rebellion to its +close, have never been surpassed but by those of the Jews in +their destruction by Titus.</p> + +<p><i>Restoration of Charles II.</i>—At the restoration of Charles II. +there were in Ireland two people, one either of native, or old +English blood, the other of recent settlement; one catholic, the +other protestant; one humbled by defeat, the other insolent +with victory; one regarding the soil as his ancient inheritance, +the other as his acquisition and reward. There were three +religions; for the Scots of Ulster and the army of Cromwell had +never owned the episcopal church, which for several years had +fallen almost as low as that of Rome. There were claims, not +easily set aside on the score of right, to the possession of lands, +which the entire island could not satisfy. In England, little more +had been necessary than to revive a suspended constitution: in +Ireland, it was something beyond a new constitution and code of +<span class="pagenum"><a name="Page_345" id="Page_345">345</a></span> +law that was required; it was the titles and boundaries of each +man's private estate that were to be litigated and adjudged. +The episcopal church was restored with no delay, as never having +been abolished by law; and a parliament, containing no catholics +and not many vehement nonconformists, proceeded to the great +work of settling the struggles of opposite claimants, by a fresh +partition of the kingdom.<a name="FNanchor_549" id="FNanchor_549" href="#Footnote_549" class="fnanchor">[549]</a> +</p> + +<p><i>Act of Settlement.</i>—The king had already published a declaration +for the settlement of Ireland, intended as the basis of an +act of parliament. The adventurers, or those who, on the faith +of several acts passed in England in 1642, with the assent of the +late king, had advanced money for quelling the rebellion, in +consideration of lands to be allotted to them in certain stipulated +proportions, and who had, in general, actually received them +from Cromwell, were confirmed in all the lands possessed by +them on the 7th of May 1659; and all the deficiencies were to +be supplied before the next year. The army was confirmed in +the estates already allotted for their pay, with an exception, of +church lands, and some others. Those officers who had served +in the royal army against the Irish before 1649 were to be +satisfied for their pay, at least to the amount of five-eighths, +out of lands to be allotted for that purpose. Innocent papists, +that is, such as were not concerned in the rebellion, and whom +Cromwell had arbitrarily transplanted into Connaught, were to +be restored to their estates, and those who possessed them to be +indemnified. Those who had submitted to the peace of 1648, +and had not been afterwards in arms, if they had not accepted +lands in Connaught, were also to be restored, as soon as those +who now possessed them should be satisfied for their expenses. +Those who had served the king abroad, and thirty-six enumerated +persons of the Irish nobility and gentry, were to be put on the +same footing as the last. The precedency of restitution, an +important point where the claims exceeded the means of satisfying +them, was to be in the order above specified.<a name="FNanchor_550" id="FNanchor_550" href="#Footnote_550" class="fnanchor">[550]</a> +</p> + +<p>This declaration was by no means pleasing to all concerned. +The loyal officers, who had served before 1649, murmured that +they had little prospect of more than twelve shillings and +sixpence in the pound, while the republican army of Cromwell +would receive the full value. The Irish were more loud in their +complaints; no one was to be held innocent who had been in +the rebel quarters before the cessation of 1643; and other qualifications +were added so severe that hardly any could expect to +<span class="pagenum"><a name="Page_346" id="Page_346">346</a></span> +come within them. In the House of Commons the majority, +consisting very much of the new interests, that is, of the adventurers +and army, were in favour of adhering to the declaration. +In the House of Lords it was successfully urged that, by +gratifying the new men to the utmost, no fund would be left +for indemnifying the loyalists, or the innocent Irish. It was +proposed that, if the lands not yet disposed of should not be +sufficient to satisfy all the interests for which the king had +meant to provide by his declaration, there should be a proportional +defalcation out of every class for the benefit of the +whole. These discussions were adjourned to London, where +delegates of the different parties employed every resource of +intrigue at the English court. The king's natural bias towards +the religion of the Irish had rendered him their friend; and they +seemed, at one time, likely to reverse much that had been +intended against them; but their agents grew rash with hope, +assumed a tone of superiority which ill became their condition, +affected to justify their rebellion, and finally so much disgusted +their sovereign that he ordered the act of settlement to be sent +back with little alteration, except the insertion of some more +Irish nominees.<a name="FNanchor_551" id="FNanchor_551" href="#Footnote_551" class="fnanchor">[551]</a> +</p> + +<p>The execution of this act was intrusted to English commissioners, +from whom it was reasonable to hope for an impartiality +which could not be found among the interested classes. Notwithstanding +the rigorous proofs nominally exacted, more of +the Irish were pronounced innocent than the Commons had +expected; and the new possessors having the sway of that +assembly, a clamour was raised that the popish interest had +prevailed; some talked of defending their estates by arms, some +even meddled in fanatical conspiracies against the government; +it was insisted that a closer inquisition should be made, and +stricter qualifications demanded. The manifest deficiency of +lands to supply all the claimants for whom the act of settlement +provided, made it necessary to resort to a supplemental measure, +called the act of explanation. The adventurers and soldiers +relinquished one-third of the estates enjoyed by them on the +7th of May 1659. Twenty Irish nominees were added to those +who were to be restored by the king's favour; but all those +who had not already been adjudged innocent, more than three +thousand in number, were absolutely cut off from any hope of +restitution. The great majority of these no question were +guilty; yet they justly complained of this confiscation without +<span class="pagenum"><a name="Page_347" id="Page_347">347</a></span> +trial.<a name="FNanchor_552" id="FNanchor_552" href="#Footnote_552" class="fnanchor">[552]</a> + Upon the whole result, the Irish catholics having previously +held about two-thirds of the kingdom, lost more than one-half +of their possessions by forfeiture on account of their rebellion. +If we can rely at all on the calculations, made almost in the +infancy of political arithmetic by one of its most diligent investigators, +they were diminished also by much more than one-third +through the calamities of that period.<a name="FNanchor_553" id="FNanchor_553" href="#Footnote_553" class="fnanchor">[553]</a> +</p> + +<p>It is more easy to censure the particular inequalities, or even, +in some respects, injustice of the act of settlement, than to point +out what better course was to have been adopted. The readjustment +of all private rights after so entire a destruction of +their landmarks could only be effected by the coarse process of +general rules. Nor does it appear that the catholics, considered +as a great mass, could reasonably murmur against the confiscation +of half their estates, after a civil war wherein it is +evident that so large a proportion of themselves were concerned.<a name="FNanchor_554" id="FNanchor_554" href="#Footnote_554" class="fnanchor">[554]</a> + +Charles, it is true, had not been personally resisted by the insurgents; +but, as chief of England, he stood in the place of +Cromwell, and equally represented the sovereignty of the greater +<span class="pagenum"><a name="Page_348" id="Page_348">348</a></span> +island over the lesser, which under no form of government it +would concede.</p> + +<p>The catholics, however, thought themselves oppressed by the +act of settlement; and could not forgive the Duke of Ormond +for his constant regard to the protestant interests, and the +supremacy of the English Crown. They had enough to encourage +them in the king's bias towards their religion, which he was +able to manifest more openly than in England. Under the +administration of Lord Berkely in 1670, at the time of Charles's +conspiracy with the King of France to subvert religion and +liberty, they began to menace an approaching change, and to +aim at revoking, or materially weakening, the act of settlement. +The most bigoted and insolent of the popish clergy, who had +lately rejected with indignation an offer of more reasonable men +to renounce the tenets obnoxious to civil governments, were +countenanced at Dublin; but the first alarm of the new proprietors, +as well as the general apprehension of the court's +designs in England, soon rendered it necessary to desist from +the projected innovations.<a name="FNanchor_555" id="FNanchor_555" href="#Footnote_555" class="fnanchor">[555]</a> + The next reign, of course, reanimated +the Irish party; a dispensing prerogative set aside all +the statutes; every civil office, the courts of justice, and the +privy council, were filled with catholics; the protestant soldiers +were disbanded; the citizens of that religion were disarmed; +the tithes were withheld from their clergy; they were suddenly +reduced to feel that bitter condition of a conquered and proscribed +people, which they had long rendered the lot of their +enemies.<a name="FNanchor_556" id="FNanchor_556" href="#Footnote_556" class="fnanchor">[556]</a> + From these enemies, exasperated by bigotry and +revenge, they could have nothing but a full and exceeding +measure of retaliation to expect; nor had they even the last hope +that an English king, for the sake of his Crown and country, +must protect those who formed the strongest link between the +two islands. A man violent and ambitious, without superior +capacity, the Earl of Tyrconnel, lord lieutenant in 1687, and +commander of the army, looked only to his master's interests, +in subordination to those of his countrymen, and of his own. It +is now ascertained that, doubtful of the king's success in the +struggle for restoring popery in England, he had made secret +overtures to some of the French agents for casting off all connection +with that kingdom, in case of James's death, and, with +the aid of Louis, placing the crown of Ireland on his own head.<a name="FNanchor_557" id="FNanchor_557" href="#Footnote_557" class="fnanchor">[557]</a> + +<span class="pagenum"><a name="Page_349" id="Page_349">349</a></span></p> + +<p><i>War of 1689, and final reduction of Ireland.</i>—The revolution +in England was followed by a war in Ireland of three years' +duration, and a war on both sides, like that of 1641, for self-preservation. +In the parliament held by James at Dublin in +1690, the act of settlement was repealed, and above 2000 +persons attainted by name; both, it has been said, perhaps +with little truth, against the king's will, who dreaded the +impetuous nationality that was tearing away the bulwarks of +his throne.<a name="FNanchor_558" id="FNanchor_558" href="#Footnote_558" class="fnanchor">[558]</a> + But the magnanimous defence of Derry and the +splendid victory of the Boyne restored the protestant cause; +though the Irish, with the succour of French troops, maintained +for two years a gallant resistance, they could not ultimately +withstand the triple superiority of military talents, resources, +and discipline. Their bravery, however, served to obtain the +articles of Limerick on the surrender of that city; conceded by +their noble-minded conqueror, against the disposition of those +who longed to plunder and persecute their fallen enemy. By +the first of these articles, "the Roman catholics of this kingdom +shall enjoy such privileges in the exercise of their religion as are +consistent with the laws of Ireland, or as they did enjoy in the +reign of King Charles II.; and their majesties, as soon as their +affairs will permit them to summon a parliament in this kingdom, +will endeavour to procure the said Roman catholics such +further security in that particular as may preserve them from +any disturbance upon the account of their said religion." The +second secures to the inhabitants of Limerick and other places +then in possession of the Irish, and to all officers and soldiers +then in arms, who should return to their majesties' obedience, +and to all such as should be under their protection in the counties +of Limerick, Kerry, Clare, Galway, and Mayo, all their estates, +and all their rights, privileges, and immunities, which they held +in the reign of Charles II., free from all forfeitures or outlawries +incurred by them.<a name="FNanchor_559" id="FNanchor_559" href="#Footnote_559" class="fnanchor">[559]</a> +</p> + +<p>This second article, but only as to the garrison of Limerick +<span class="pagenum"><a name="Page_350" id="Page_350">350</a></span> +or other persons in arms, is confirmed by statute some years +afterwards.<a name="FNanchor_560" id="FNanchor_560" href="#Footnote_560" class="fnanchor">[560]</a> + The first article seems, however, to be passed +over. The forfeitures on account of the rebellion, estimated at +1,060,792 acres, were somewhat diminished by restitutions to +the ancient possessors under the capitulation; the greater part +were lavishly distributed to English grantees.<a name="FNanchor_561" id="FNanchor_561" href="#Footnote_561" class="fnanchor">[561]</a> + It appears +from hence, that at the end of the seventeenth century, the +Irish or Anglo-Irish catholics could hardly possess above one-sixth +or one-seventh of the kingdom. They were still formidable +from their numbers and their sufferings; and the victorious +party saw no security but in a system of oppression, contained +in a series of laws during the reigns of William and Anne, which +have scarce a parallel in European history, unless it be that of +the protestants in France, after the revocation of the edict of +Nantes, who yet were but a feeble minority of the whole people. +No papist was allowed to keep a school, or to teach in any private +houses, except the children of the family.<a name="FNanchor_562" id="FNanchor_562" href="#Footnote_562" class="fnanchor">[562]</a> + Severe penalties +were denounced against such as should go themselves or send +others for education beyond seas in the Romish religion; and, +on probable information given to a magistrate, the burthen of +proving the contrary was thrown on the accused; the offence +not to be tried by a jury, but by justices at quarter sessions.<a name="FNanchor_563" id="FNanchor_563" href="#Footnote_563" class="fnanchor">[563]</a> + +Intermarriages between persons of different religion, and possessing +any estate in Ireland, were forbidden; the children, in +case of either parent being protestant, might be taken from the +other, to be educated in that faith.<a name="FNanchor_564" id="FNanchor_564" href="#Footnote_564" class="fnanchor">[564]</a> + No papist could be guardian +to any child; but the court of chancery might appoint +some relation or other person to bring up the ward in the +protestant religion.<a name="FNanchor_565" id="FNanchor_565" href="#Footnote_565" class="fnanchor">[565]</a> + The eldest son, being a protestant, might +turn his father's estate in fee simple into a tenancy for life, and +thus secure his own inheritance. But if the children were all +papists, the father's lands were to be of the nature of gavel-kind, +and descend equally among them. Papists were disabled from +purchasing lands, except for terms of not more than thirty-one +years, at a rent not less than two-thirds of the full value. They +were even to conform within six months after any title should +accrue by descent, devise, or settlement, on pain of forfeiture +to the next protestant heir; a provision which seems intended +to exclude them from real property altogether, and to render +the others almost supererogatory.<a name="FNanchor_566" id="FNanchor_566" href="#Footnote_566" class="fnanchor">[566]</a> + Arms, says the poet, +<span class="pagenum"><a name="Page_351" id="Page_351">351</a></span> +remain to the plundered; but the Irish legislature knew that +the plunder would be imperfect and insecure while arms remained; +no papist was permitted to retain them, and search +might be made at any time by two justices.<a name="FNanchor_567" id="FNanchor_567" href="#Footnote_567" class="fnanchor">[567]</a> + The bare celebration +of catholic rites was not subjected to any fresh penalties; +but regular priests, bishops, and others claiming jurisdiction, +and all who should come into the kingdom from foreign parts, +were banished on pain of transportation, in case of neglecting to +comply, and of high treason in case of returning from banishment. +Lest these provisions should be evaded, priests were +required to be registered; they were forbidden to leave their +own parishes; and rewards were held out to informers who +should detect the violations of these statutes, to be levied on +the popish inhabitants of the country.<a name="FNanchor_568" id="FNanchor_568" href="#Footnote_568" class="fnanchor">[568]</a> + To have exterminated +the catholics by the sword, or expelled them, like the Moriscoes +of Spain, would have been little more repugnant to justice and +humanity, but incomparably more politic.</p> + +<p><i>Dependence of the Irish upon the English parliament.</i>—It may +easily be supposed, that no political privileges would be left to +those who were thus debarred of the common rights of civil +society. The Irish parliament had never adopted the act passed +in the 5th of Elizabeth, imposing the oath of supremacy on the +members of the Commons. It had been full of catholics under +the queen and her two next successors. In the second session +of 1641, after the flames of rebellion had enveloped almost all +the island, the House of Commons were induced to exclude, by +a resolution of their own, those who would not take that oath; +a step which can only be judged in connection with the general +circumstances of Ireland at that awful crisis.<a name="FNanchor_569" id="FNanchor_569" href="#Footnote_569" class="fnanchor">[569]</a> + In the parliament +of 1661, no catholic, or only one, was returned;<a name="FNanchor_570" id="FNanchor_570" href="#Footnote_570" class="fnanchor">[570]</a> + but the +house addressed the lords justices to issue a commission for +administering the oath of supremacy to all its members. A bill +passed the Commons in 1663, for imposing that oath in future, +which was stopped by a prorogation; and the Duke of Ormond +seems to have been adverse to it.<a name="FNanchor_571" id="FNanchor_571" href="#Footnote_571" class="fnanchor">[571]</a> + An act of the English +parliament after the revolution, reciting that "great disquiet +and many dangerous attempts have been made to deprive their +<span class="pagenum"><a name="Page_352" id="Page_352">352</a></span> +majesties and their royal predecessors of the said realm of +Ireland by the liberty which the popish recusants there have +had and taken to sit and vote in parliament," requires every +member of both houses of parliament to take the new oaths of +allegiance and supremacy, and to subscribe the declaration +against transubstantiation before taking his seat.<a name="FNanchor_572" id="FNanchor_572" href="#Footnote_572" class="fnanchor">[572]</a> + This statute +was adopted and enacted by the Irish parliament in 1782, after +they had renounced the legislative supremacy of England under +which it had been enforced. The elective franchise, which had +been rather singularly spared in an act of Anne, was taken away +from the Roman catholics of Ireland in 1715; or, as some think, +not absolutely till 1727.<a name="FNanchor_573" id="FNanchor_573" href="#Footnote_573" class="fnanchor">[573]</a> +</p> + +<p>These tremendous statutes had in some measure the effect +which their framers designed. The wealthier families, against +whom they were principally levelled, conformed in many +instances to the protestant church.<a name="FNanchor_574" id="FNanchor_574" href="#Footnote_574" class="fnanchor">[574]</a> + The catholics were extinguished +as a political body; and, though any willing allegiance +to the house of Hanover would have been monstrous, and +it is known that their bishops were constantly nominated to the +pope by the Stuart princes,<a name="FNanchor_575" id="FNanchor_575" href="#Footnote_575" class="fnanchor">[575]</a> + they did not manifest at any period, +or even during the rebellions of 1715 and 1745, the least movement +towards a disturbance of the government. Yet for thirty +years after the accession of George I. they continued to be +insulted in public proceedings under the name of the common +enemy, sometimes oppressed by the enactment of new statutes, +or the stricter execution of the old; till in the latter years of +George II. their peaceable deportment, and the rise of a more +generous spirit among the Irish protestants, not only sheathed +the fangs of the law, but elicited expressions of esteem from the +ruling powers, which they might justly consider as the pledge +<span class="pagenum"><a name="Page_353" id="Page_353">353</a></span> +of a more tolerant policy. The mere exercise of their religion +in an obscure manner had long been permitted without molestation.<a name="FNanchor_576" id="FNanchor_576" href="#Footnote_576" class="fnanchor">[576]</a> +</p> + +<p>Thus in Ireland there were three nations, the original natives, +the Anglo-Irish, and the new English; the two former catholic, +except some chiefly of the upper classes, who had conformed +to the church; the last wholly protestant. There were three +religions, the Roman catholic, the established or Anglican, and +the presbyterian; more than one-half of the protestants, according +to the computation of those times, belonging to the latter +denomination.<a name="FNanchor_577" id="FNanchor_577" href="#Footnote_577" class="fnanchor">[577]</a> + These however in a less degree were under the +ban of the law as truly as the catholics themselves; they were +excluded from all civil and military offices by a test act, and +even their religious meetings were denounced by penal statutes. +Yet the House of Commons after the revolution always contained +a strong presbyterian body, and unable, as it seems, to obtain +an act of indemnity for those who had taken commissions in +the militia, while the rebellion of 1715 was raging in Great +Britain, had recourse to a resolution, that whoever should +prosecute any dissenter for accepting such a commission is an +enemy to the king and the protestant interest.<a name="FNanchor_578" id="FNanchor_578" href="#Footnote_578" class="fnanchor">[578]</a> + They did not +even obtain a legal toleration till 1720.<a name="FNanchor_579" id="FNanchor_579" href="#Footnote_579" class="fnanchor">[579]</a> + It seems as if the +connection of the two islands, and the whole system of constitutional +laws in the lesser, subsisted only for the sake of securing +the privileges and emoluments of a small number of ecclesiastics, +frequently strangers, who rendered very little return for their +enormous monopoly. A great share, in fact, of the temporal +government under George II. was thrown successively into the +hands of two primates, Boulter and Stone; the one a worthy +but narrow-minded man, who showed his egregious ignorance +of policy in endeavouring to promote the wealth and happiness +of the people, whom he at the same time studied to depress and +discourage in respect of political freedom; the other an able, +but profligate and ambitious statesman, whose name is mingled, +as an object of odium and enmity, with the first great struggles +of Irish patriotism. +<span class="pagenum"><a name="Page_354" id="Page_354">354</a></span></p> + +<p>The new Irish nation, or rather the protestant nation, since +all distinctions of origin have, from the time of the great rebellion, +been merged in those of religion, partook in large measure +of the spirit that was poured out on the advocates of liberty +and the revolution in the sister kingdom. Their parliament +was always strongly whig, and scarcely manageable during the +later years of the queen. They began to assimilate themselves +more and more to the English model, and to cast off by degrees +the fetters that galled and degraded them. By Poyning's +celebrated law, the initiative power was reserved to the English +council. This act, at one time popular in Ireland, was afterwards +justly regarded as destructive of the rights of their +parliament, and a badge of the nation's dependence. It was +attempted by the Commons in 1641, and by the catholic confederates +in the rebellion, to procure its repeal; which Charles I. +steadily refused, till he was driven to refuse nothing. In his +son's reign, it is said that "the council framed bills altogether; +a negative alone on them and their several provisoes was left +to parliament; only a general proposition for a bill by way of +address to the lord lieutenant and council came from parliament; +nor was it till after the revolution that heads of bills +were presented; these last in fact resembled acts of parliament +or bills, with only the small difference of 'We pray that it may +be enacted,' instead of 'Be it enacted.'"<a name="FNanchor_580" id="FNanchor_580" href="#Footnote_580" class="fnanchor">[580]</a> + They assumed +about the same time the examination of accounts, and of the +expenditure of public money.<a name="FNanchor_581" id="FNanchor_581" href="#Footnote_581" class="fnanchor">[581]</a> +</p> + +<p>Meanwhile, as they gradually emancipated themselves from +the ascendancy of the Crown, they found a more formidable +power to contend with in the English parliament. It was +acknowledged, by all at least of the protestant name, that the +Crown of Ireland was essentially dependent on that of England, +and subject to any changes that might affect the succession of +the latter. But the question as to the subordination of her +legislature was of a different kind. The precedents and authorities +of early ages seem not decisive; so far as they extend, +they rather countenance the opinion that English statutes were +of themselves valid in Ireland. But from the time of Henry VI. +or Edward IV. it was certainly established that they had no +operation, unless enacted by the Irish parliament. This however +<span class="pagenum"><a name="Page_355" id="Page_355">355</a></span> +would not legally prove that they might not be binding, +if express words to that effect were employed; and such was +the doctrine of Lord Coke and of other English lawyers. This +came into discussion about the eventful period of 1641. The +Irish in general protested against the legislative authority of +England, as a novel theory which could not be maintained;<a name="FNanchor_582" id="FNanchor_582" href="#Footnote_582" class="fnanchor">[582]</a> + +and two treatises on the subject, one ascribed to Lord Chancellor +Bolton, or more probably to an eminent lawyer, Patrick Darcy, +for the independence of Ireland, another, in answer to it, by +Serjeant Mayart, may be read in the <i>Hibernica</i> of Harris.<a name="FNanchor_583" id="FNanchor_583" href="#Footnote_583" class="fnanchor">[583]</a> + +Very few instances occurred before the revolution, wherein the +English parliament thought fit to include Ireland in its enactments, +and none perhaps wherein they were carried into effect. +But after the revolution several laws of great importance were +passed in England to bind the other kingdom, and acquiesced +in without express opposition by its parliament. Molyneux, +however, in his celebrated <i>Case of Ireland's being bound by Acts +of Parliament in England stated</i>, published in 1697, set up the +claim of his country for absolute legislative independency. +The House of Commons at Westminster came to resolutions +against this book; and, with their high notions of parliamentary +sovereignty, were not likely to desist from a pretension which, +like the very similar claim to impose taxes in America, sprung +in fact from the semi-republican scheme of constitutional law +established by means of the revolution.<a name="FNanchor_584" id="FNanchor_584" href="#Footnote_584" class="fnanchor">[584]</a> + It is evident that +while the sovereignty and enacting power was supposed to +reside wholly in the king, and only the power of consent to the +two houses of parliament, it was much less natural to suppose +a control of the English legislature over other dominions of the +Crown, having their own representation for similar purposes, +than after they had become, in effect and in general sentiment, +though not quite in the statute-book, co-ordinate partakers of +the supreme authority. The Irish parliament, however, advancing +as it were in a parallel line, had naturally imbibed the +<span class="pagenum"><a name="Page_356" id="Page_356">356</a></span> +same sense of its own supremacy, and made at length an effort +to assert it. A judgment from the court of exchequer in 1719 +having been reversed by the House of Lords, an appeal was +brought before the Lords in England, who affirmed the judgment +of the exchequer. The Irish Lords resolved that no appeal lay +from the court of exchequer in Ireland to the king in parliament +in Great Britain; and the barons of that court having acted in +obedience to the order of the English Lords, were taken into +the custody of the black rod. That house next addressed the +king, setting forth their reasons against admitting the appellant +jurisdiction. But the Lords in England, after requesting the +king to confer some favour on the barons of the exchequer who +had been censured and illegally imprisoned for doing their duty, +ordered a bill to be brought in for better securing the dependency +of Ireland upon the Crown of Great Britain, which declares +"that the king's majesty, by and with the advice and consent +of the Lords spiritual and temporal and Commons of Great +Britain, in parliament assembled, had, hath, and of right ought +to have, full power and authority to make laws and statutes of +sufficient force and validity to bind the people and the kingdom +of Ireland; and that the House of Lords of Ireland have not, +nor of right ought to have, any jurisdiction to judge of, reverse, +or affirm any judgment, sentence, or decree given or made in +any court within the said kingdom; and that all proceedings +before the said House of Lords upon any such judgment, sentence, +or decree, are, and are hereby declared to be, utterly +null and void, to all intents and purposes whatsoever."<a name="FNanchor_585" id="FNanchor_585" href="#Footnote_585" class="fnanchor">[585]</a> +</p> + +<p>The English government found no better method of counteracting +this rising spirit of independence than by bestowing the +chief posts in the state and church on strangers, in order to +keep up what was called the English interest.<a name="FNanchor_586" id="FNanchor_586" href="#Footnote_586" class="fnanchor">[586]</a> + This wretched +policy united the natives of Ireland in jealousy and discontent, +which the latter years of Swift were devoted to inflame. It +was impossible that the kingdom should become, as it did under +George II., more flourishing through its great natural fertility, +its extensive manufacture of linen, and its facilities for commerce, +<span class="pagenum"><a name="Page_357" id="Page_357">357</a></span> +though much restricted (the domestic alarm from the papists +also being allayed by their utter prostration), without writhing +under the indignity of its subordination; or that a House of +Commons, constructed so much on the model of the English, +could hear patiently of liberties and privileges it did not enjoy. +These aspirations for equality first, perhaps, broke out into +audible complaints in the year 1753. The country was in so +thriving a state that there was a surplus revenue after payment +of all charges. The House of Commons determined to apply +this to the liquidation of a debt. The government, though not +unwilling to admit of such an application, maintained that the +whole revenue belonged to the king, and could not be disposed +of without his previous consent. In England, where the grants +of parliament are appropriated according to estimates, such a +question could hardly arise; nor would there, I presume, be +the slightest doubt as to the control of the House of Commons +over a surplus income. But in Ireland, the practice of appropriation +seems never to have prevailed, at least so strictly;<a name="FNanchor_587" id="FNanchor_587" href="#Footnote_587" class="fnanchor">[587]</a> + +and the constitutional right might perhaps not unreasonably +be disputed. After long and violent discussions, wherein the +speaker of the Commons and other eminent men bore a leading +part on the popular side, the Crown was so far victorious as to +procure some motions to be carried, which seemed to imply its +authority; but the house took care, by more special applications +of the revenue, to prevent the recurrence of an undisposed +surplus.<a name="FNanchor_588" id="FNanchor_588" href="#Footnote_588" class="fnanchor">[588]</a> + From this era the great parliamentary history of +Ireland begins, and is terminated after half a century by the +union: a period fruitful of splendid eloquence, and of ardent, +though not always uncompromising, patriotism; but which, of +course, is beyond the limits prescribed to these pages.</p> + +<p> +<span class="pagenum"><a name="Page_358" id="Page_358">358</a></span> +<span class="pagenum"><a name="Page_359" id="Page_359"></a></span></p> + +<h2>INDEX</h2> + +<ul class="idx"> + +<li class="alpha">Abbé Gaultier, iii. <a href="#Page_195">195</a></li> + +<li>Abbot, Archbishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_370">370</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_386">386</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_35">35</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_75">75</a></li> + +<li>Act of Uniformity, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_162">162</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_189">189</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_309">309</a></li> + +<li>Adamson, Archbishop of St. Andrews, iii. <a +href="#Page_276">276</a></li> + +<li><i>Advertisements</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a></li> + +<li>Aix la Chapelle, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_343">343</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_361">361</a>; +iii. <a href="#Page_122">122</a>, <a href="#Page_159">159</a>, <a +href="#Page_259">259</a>, <a href="#Page_264">264</a></li> + +<li>Albert, Archduke, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_266">266</a></li> + +<li>Alençon, Duke of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_136">136</a></li> + +<li>Almanza, Battle of, iii. <a href="#Page_206">206</a></li> + +<li>Alva, Duke of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_134">134</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_44">44</a></li> + +<li>America, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_290">290</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_291">291</a>; +iii. <a href="#Page_188">188</a>, <a href="#Page_192">192</a>, <a +href="#Page_233">233</a></li> + +<li>Anderson's <i>Reports</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_219">219</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_358">358</a></li> + +<li>Anderton, iii. <a href="#Page_143">143</a>, <a +href="#Page_144">144</a></li> + +<li>Andrews, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_157">157</a></li> + +<li>Andrews, Bishop of Winchester, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_58">58</a></li> + +<li>Anglesea, Earl of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_382">382</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_416">416</a></li> + +<li>Anglican church, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_107">107</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_134">134</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_162">162</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_185">185</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_201">201</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_212">212</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_381">381</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_385">385</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_60">60</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_150">150</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_157">157</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_183">183</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_185">185</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_290">290</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_291">291</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_294">294</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_306">306</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_307">307</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_311">311</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_321">321</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_419">419</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_420">420</a>; +iii. <a href="#Page_47">47</a>, <a href="#Page_50">50</a>, <a +href="#Page_67">67</a>, <a href="#Page_69">69</a>, <a +href="#Page_70">70</a>, <a href="#Page_90">90</a>, <a +href="#Page_153">153</a>, <a href="#Page_156">156</a>, <a +href="#Page_183">183</a>, <a href="#Page_215">215</a>, <a +href="#Page_216">216</a>, <a href="#Page_218">218</a>, <a +href="#Page_219">219</a>, <a href="#Page_274">274</a>, <a +href="#Page_280">280</a>, <a href="#Page_353">353</a></li> + +<li>Anglo-Irish, iii. <a href="#Page_306">306</a>, <a +href="#Page_320">320</a>, <a href="#Page_321">321</a>, <a +href="#Page_334">334</a>, <a href="#Page_350">350</a>, <a +href="#Page_353">353</a></li> + +<li>Anglo-Norman, iii. <a href="#Page_266">266</a>, <a +href="#Page_309">309</a></li> + +<li>Anglo-Saxon, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_120">120</a>; +iii. <a href="#Page_267">267</a></li> + +<li>Anjou, Duke of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_136">136</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a>; +iii. <a href="#Page_185">185</a></li> + +<li>Anne, Princess, iii. <a href="#Page_159">159</a>, <a +href="#Page_160">160</a>, <a href="#Page_178">178</a></li> + +<li>Anne, Queen, iii. <a href="#Page_175">175</a>, <a +href="#Page_177">177</a>, <a href="#Page_179">179</a>, <a +href="#Page_183">183</a>, <a href="#Page_184">184</a>, <a +href="#Page_185">185</a>, <a href="#Page_198">198</a>, <a +href="#Page_207">207</a>, <a href="#Page_212">212</a>, <a +href="#Page_216">216</a>, <a href="#Page_217">217</a>, <a +href="#Page_218">218</a>, <a href="#Page_245">245</a>, <a +href="#Page_255">255</a>, <a href="#Page_260">260</a>, <a +href="#Page_261">261</a>, <a href="#Page_263">263</a>, <a +href="#Page_296">296</a>, <a href="#Page_350">350</a>, <a +href="#Page_352">352</a></li> + +<li>Anne Boleyn, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_35">35</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_36">36</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_68">68</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_59">59</a></li> + +<li>Anne of Brittany, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_18">18</a></li> + +<li>Anne of Cleves, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_33">33</a></li> + +<li>Anne of Denmark, iii. <a href="#Page_88">88</a>, <a +href="#Page_89">89</a></li> + +<li>Antwerp, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a></li> + +<li><i>Arbitrary taxation</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_354">354</a></li> + +<li>Argyle, Earl of, iii. <a href="#Page_284">284</a>, <a +href="#Page_285">285</a></li> + +<li>Arianism, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_94">94</a></li> + +<li>Arlington, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_339">339</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_341">341</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_347">347</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_350">350</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_360">360</a></li> + +<li>Armada, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_138">138</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_121">121</a></li> + +<li>Arminian, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_371">371</a></li> + +<li>Armorica, iii. <a href="#Page_299">299</a></li> + +<li>Armstrong, Sir Thomas, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_418">418</a>; +iii. <a href="#Page_142">142</a></li> + +<li>Arnot, iii. <a href="#Page_284">284</a>, <a +href="#Page_292">292</a></li> + +<li>Arragon, iii. <a href="#Page_191">191</a></li> + +<li><span lang="la" xml:lang="la">Articuli Cleri</span>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_301">301</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_311">311</a></li> + +<li>Arundel, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_147">147</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_351">351</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_347">347</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_350">350</a>; +iii. <a href="#Page_32">32</a>, <a href="#Page_58">58</a></li> + +<li>Arundels, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_347">347</a></li> + +<li>Ascham, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_202">202</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_229">229</a></li> + +<li>Ashburnham, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_159">159</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_169">169</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_195">195</a></li> + +<li>Ashby, iii. <a href="#Page_37">37</a>, <a +href="#Page_240">240</a>, <a href="#Page_241">241</a>, <a +href="#Page_247">247</a>, <a href="#Page_249">249</a></li> + +<li>Ashton, iii. <a href="#Page_143">143</a></li> + +<li>Atkinson, Mr., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_112">112</a></li> + +<li>Atlantic, iii. <a href="#Page_121">121</a></li> + +<li>Atterbury, Bishop, iii. <a href="#Page_214">214</a>, <a +href="#Page_215">215</a>, <a href="#Page_221">221</a>, <a +href="#Page_222">222</a></li> + +<li>Augsburgh, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_87">87</a></li> + +<li>Austria, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_114">114</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_115">115</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_120">120</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_330">330</a>; +iii. <a href="#Page_121">121</a>, <a href="#Page_189">189</a>, <a +href="#Page_190">190</a>, <a href="#Page_191">191</a>, <a +href="#Page_221">221</a></li> + +<li>Aylesbury, iii. <a href="#Page_240">240</a>, <a +href="#Page_241">241</a>, <a href="#Page_247">247</a>, <a +href="#Page_249">249</a></li> + +<li>Aylmer of London, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_191">191</a></li> + +<li class="alpha">Babington, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_145">145</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_152">152</a></li> + +<li>Bacon, Antony, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_243">243</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_314">314</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_321">321</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_323">323</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_366">366</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_378">378</a></li> + +<li>Bacon, Francis, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_15">15</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_18">18</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_192">192</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_202">202</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_213">213</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_236">236</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_257">257</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_258">258</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_292">292</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_295">295</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_303">303</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_311">311</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_333">333</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_28">28</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_378">378</a>; +iii. <a href="#Page_331">331</a></li> + +<li>Baillie's <i>Letters</i>, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_139">139</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_149">149</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_161">161</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_179">179</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_180">180</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_187">187</a></li> + +<li>Balmerino, iii. <a href="#Page_283">283</a></li> + +<li>Banbury, iii. <a href="#Page_17">17</a></li> + +<li>Bancroft, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_311">311</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_365">365</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_366">366</a></li> + +<li>Bangor, Bishop of, iii. <a href="#Page_215">215</a></li> + +<li>Bank of England, iii. <a href="#Page_120">120</a></li> + +<li>Banks, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_16">16</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_19">19</a></li> + +<li>Barberini, Cardinal, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_64">64</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_65">65</a></li> + +<li>Barebone, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_222">222</a></li> + +<li>Barillon, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_368">368</a>; +iii. <a href="#Page_44">44</a>, <a href="#Page_47">47</a>, <a +href="#Page_48">48</a>, <a href="#Page_57">57</a>, <a +href="#Page_62">62</a>, <a href="#Page_70">70</a></li> + +<li>Barnardiston, Sir Samuel, iii. <a href="#Page_21">21</a></li> + +<li>Barnes, Doctor, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_33">33</a></li> + +<li><i>Basilicon Doron</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_330">330</a></li> + +<li>Bates, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_311">311</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_312">312</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_363">363</a></li> + +<li>Battle, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_69">69</a></li> + +<li>Baxter, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_201">201</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_293">293</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_316">316</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_356">356</a>; +iii. <a href="#Page_153">153</a> <span class="pagenum"><a +name="Page_360" id="Page_360">360</a></span></li> + +<li>Beauchamp, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_206">206</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_271">271</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_272">272</a></li> + +<li>Bedford, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_133">133</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_138">138</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_144">144</a></li> + +<li>Bellasis, Lord, iii. <a href="#Page_58">58</a></li> + +<li>Bellay, Bishop of Bayonne, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a></li> + +<li>Bennet, Sir John, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_332">332</a></li> + +<li>Benstead, iii. <a href="#Page_140">140</a></li> + +<li>Bentinck, iii. <a href="#Page_166">166</a></li> + +<li>Berkely, Lord, iii. <a href="#Page_348">348</a></li> + +<li>Berkley, Sir John, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_193">193</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_194">194</a></li> + +<li>Berwick-upon-Tweed, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_79">79</a>; +iii. <a href="#Page_12">12</a>, <a href="#Page_34">34</a></li> + +<li>Beza, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_172">172</a></li> + +<li>Birch's <i>Memoirs</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_192">192</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_211">211</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_176">176</a></li> + +<li>Birmingham, iii. <a href="#Page_33">33</a></li> + +<li>Blackstone, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_14">14</a></li> + +<li>Blair, Sir Adam, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_407">407</a></li> + +<li>Blake, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_241">241</a></li> + +<li>Blenheim, iii. <a href="#Page_184">184</a></li> + +<li>Blount, John, iii. <a href="#Page_245">245</a></li> + +<li>Bolingbroke, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_349">349</a>; +iii. <a href="#Page_193">193</a>, <a href="#Page_196">196</a>, <a +href="#Page_203">203</a>, <a href="#Page_205">205</a>, <a +href="#Page_260">260</a>, <a href="#Page_261">261</a></li> + +<li>Bolton, Lord Chancellor, iii. <a href="#Page_355">355</a></li> + +<li>Boniface of Este, iii. <a href="#Page_160">160</a></li> + +<li>Bonner, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_94">94</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_113">113</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_114">114</a></li> + +<li>Bonrepos, iii. <a href="#Page_62">62</a></li> + +<li>Booth, Sir George, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_254">254</a></li> + +<li>Borlase, Sir John, iii. <a href="#Page_341">341</a></li> + +<li>Bosworth, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a></li> + +<li>Boucher, Joan, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_94">94</a></li> + +<li>Boucher, John, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_84">84</a></li> + +<li>Bourbon, House of, iii. <a href="#Page_185">185</a>, <a +href="#Page_189">189</a></li> + +<li>Boyer's <i>Historical Register</i>, iii. <a +href="#Page_262">262</a></li> + +<li>Boyne, iii. <a href="#Page_349">349</a></li> + +<li>Bradshaw, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_225">225</a></li> + +<li>Brady, Dr. iii. <a href="#Page_37">37</a>, <a +href="#Page_38">38</a></li> + +<li>Brandon, Eleanor, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a></li> + +<li>Brandon, Mary, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_124">124</a></li> + +<li>Brandt's <i>History of Reformation in Low Countries</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_83">83</a></li> + +<li>Breda, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_290">290</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_291">291</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_312">312</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_317">317</a></li> + +<li>Brehon, iii. <a href="#Page_301">301</a>, <a +href="#Page_313">313</a>, <a href="#Page_318">318</a></li> + +<li>Bremen, iii. <a href="#Page_212">212</a></li> + +<li>Brihuega, iii. <a href="#Page_189">189</a></li> + +<li>Bristol, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_352">352</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_384">384</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_333">333</a>; +iii. <a href="#Page_34">34</a></li> + +<li><i>British Empire under Charles I</i>., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a></li> + +<li>British Museum, iii. <a href="#Page_2">2</a></li> + +<li>Broghill, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_245">245</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_246">246</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_258">258</a></li> + +<li>Brook, Lord, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_52">52</a></li> + +<li>Browne, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_71">71</a></li> + +<li>Bruce, Edward, iii. <a href="#Page_313">313</a></li> + +<li>Brunswick, House of, iii. <a href="#Page_81">81</a>, <a +href="#Page_82">82</a>, <a href="#Page_160">160</a>, <a +href="#Page_161">161</a>, <a href="#Page_202">202</a>, <a +href="#Page_203">203</a>, <a href="#Page_212">212</a>, <a +href="#Page_222">222</a>, <a href="#Page_224">224</a></li> + +<li>Brussels, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_111">111</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_228">228</a></li> + +<li>Bucer, Martin, of Strasburgh, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a></li> + +<li>Buckhurst, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_303">303</a></li> + +<li>Buckingham, Countess of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_66">66</a></li> + +<li>Buckingham, Duke of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_324">324</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_343">343</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_344">344</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_345">345</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_348">348</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_349">349</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_379">379</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_384">384</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_7">7</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_35">35</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_255">255</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_339">339</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_343">343</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_360">360</a>; +iii. <a href="#Page_184">184</a>, <a href="#Page_196">196</a></li> + +<li>Bullinger, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a></li> + +<li>Burgundy, Duke of, iii. <a href="#Page_192">192</a></li> + +<li>Burleigh, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_130">130</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_133">133</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_134">134</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_142">142</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_144">144</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_190">190</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_191">191</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_210">210</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_218">218</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_220">220</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_229">229</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_230">230</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_231">231</a></li> + +<li>Burnet, Bishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_27">27</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_33">33</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_38">38</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_39">39</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_40">40</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_41">41</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_43">43</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_44">44</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_48">48</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_59">59</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_60">60</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_62">62</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_64">64</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_66">66</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_68">68</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_69">69</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_71">71</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_75">75</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_77">77</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_82">82</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_84">84</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_95">95</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_98">98</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_99">99</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_103">103</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_107">107</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_108">108</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_126">126</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_164">164</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_175">175</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_181">181</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_213">213</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_98">98</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_149">149</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_178">178</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_315">315</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_319">319</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_326">326</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_328">328</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_332">332</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_362">362</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_393">393</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_398">398</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_425">425</a>; +iii. <a href="#Page_44">44</a>, <a href="#Page_58">58</a>, <a +href="#Page_62">62</a>, <a href="#Page_67">67</a>, <a +href="#Page_80">80</a>, <a href="#Page_84">84</a>, <a +href="#Page_89">89</a>, <a href="#Page_98">98</a>, <a +href="#Page_100">100</a>, <a href="#Page_101">101</a>, <a +href="#Page_105">105</a>, <a href="#Page_107">107</a>, <a +href="#Page_108">108</a>, <a href="#Page_117">117</a>, <a +href="#Page_129">129</a>, <a href="#Page_145">145</a>, <a +href="#Page_154">154</a>, <a href="#Page_155">155</a>, <a +href="#Page_156">156</a>, <a href="#Page_158">158</a>, <a +href="#Page_159">159</a>, <a href="#Page_171">171</a>, <a +href="#Page_179">179</a>, <a href="#Page_185">185</a>, <a +href="#Page_215">215</a></li> + +<li>Burton, iii. <a href="#Page_243">243</a></li> + +<li>Butler, C., <i>Memoirs of English Catholics</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_111">111</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_116">116</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_167">167</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_378">378</a>; +iii. <a href="#Page_159">159</a>, <a href="#Page_316">316</a></li> + +<li class="alpha">Cabala, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_384">384</a></li> + +<li>Cadiz, iii. <a href="#Page_121">121</a></li> + +<li>Calais, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_102">102</a>; +iii. <a href="#Page_34">34</a></li> + +<li>Calamy, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_317">317</a></li> + +<li>Calvert, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_338">338</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_340">340</a></li> + +<li>Calvin, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_94">94</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_162">162</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_204">204</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_367">367</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_373">373</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_374">374</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_386">386</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_50">50</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_57">57</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_319">319</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_392">392</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_420">420</a>; +iii. <a href="#Page_50">50</a>, <a href="#Page_274">274</a></li> + +<li>Cambridge, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_174">174</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_176">176</a></li> + +<li>Cambridge, Duke of, iii. <a href="#Page_201">201</a></li> + +<li>Camden, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_115">115</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_121">121</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_129">129</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_222">222</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_223">223</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_230">230</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_232">232</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_324">324</a></li> + +<li>Cameron, iii. <a href="#Page_291">291</a></li> + +<li>Cameronian Rebellion, iii. <a href="#Page_286">286</a>, <a +href="#Page_287">287</a></li> + +<li>Campbell, iii. <a href="#Page_287">287</a></li> + +<li>Campegio, Cardinal, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_62">62</a></li> + +<li>Campian, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_140">140</a></li> + +<li>Cann, Sir Robert, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_404">404</a></li> + +<li>Canterbury, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_96">96</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_181">181</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_182">182</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_186">186</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_35">35</a>; +iii. <a href="#Page_3">3</a>, <a href="#Page_213">213</a></li> + +<li>Canterbury, Archbishop of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_66">66</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_98">98</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_224">224</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_74">74</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_214">214</a></li> + +<li>Cargill, iii. <a href="#Page_291">291</a></li> + +<li>Carisbrook, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_196">196</a></li> + +<li>Carleton, Sir Dudley, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_373">373</a></li> + +<li>Carlow, iii. <a href="#Page_307">307</a></li> + +<li>Carmarthen, iii. <a href="#Page_108">108</a></li> + +<li>Carte, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_315">315</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_317">317</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_327">327</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_333">333</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_378">378</a></li> + +<li>Carter, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_308">308</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_314">314</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_316">316</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_325">325</a>; +iii. <a href="#Page_342">342</a>, <a href="#Page_343">343</a>, <a +href="#Page_345">345</a>, <a href="#Page_346">346</a>, <a +href="#Page_347">347</a>, <a href="#Page_348">348</a></li> + +<li>Carteret, Sir Edward, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_172">172</a> +<span class="pagenum"><a name="Page_361" +id="Page_361">361</a></span></li> + +<li>Carteret, Sir George, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_328">328</a></li> + +<li>Cartwright, Thomas, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_176">176</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_177">177</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_178">178</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_179">179</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_183">183</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_195">195</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_196">196</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_203">203</a></li> + +<li>Catalonia, iii. <a href="#Page_189">189</a>, <a +href="#Page_191">191</a></li> + +<li>Catherine of Arragon, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_62">62</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_63">63</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a></li> + +<li>Catherine Howard, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_36">36</a></li> + +<li>Catholics, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a></li> + +<li>Cato, iii. <a href="#Page_32">32</a></li> + +<li>Cawdrey, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_365">365</a></li> + +<li>Cecil, Sir R., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_122">122</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_127">127</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_131">131</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_134">134</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_135">135</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_149">149</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_155">155</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_191">191</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_210">210</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_212">212</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_230">230</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_231">231</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_244">244</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_246">246</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_257">257</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_258">258</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_309">309</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_310">310</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_314">314</a></li> + +<li>Cecill, Sir W., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_220">220</a></li> + +<li>Celtic, iii. <a href="#Page_299">299</a></li> + +<li>Celtic tribes, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_7">7</a>; +iii. <a href="#Page_322">322</a></li> + +<li>Chambers, Richard, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_6">6</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_15">15</a></li> + +<li>Channel, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_77">77</a></li> + +<li>Channel Fleet, iii. <a href="#Page_128">128</a></li> + +<li>Charenton, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_58">58</a></li> + +<li>Charles, Archduke, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_135">135</a>; +iii. <a href="#Page_185">185</a>, <a href="#Page_189">189</a></li> + +<li>Charles, Prince, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_343">343</a></li> + +<li>Charles Edward, iii. <a href="#Page_225">225</a></li> + +<li>Charles I., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_326">326</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_347">347</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_349">349</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_352">352</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_359">359</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_360">360</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_361">361</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_382">382</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_384">384</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_386">386</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_387">387</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_1">1</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_3">3</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_7">7</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_8">8</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_11">11</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_12">12</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_18">18</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_22">22</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_24">24</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_25">25</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_33">33</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_38">38</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_40">40</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_52">52</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_53">53</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_65">65</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_67">67</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_73">73</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_82">82</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_84">84</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_103">103</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_113">113</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_117">117</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_124">124</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_126">126</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_131">131</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_133">133</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_135">135</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_136">136</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_138">138</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_141">141</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_145">145</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_159">159</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_167">167</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_168">168</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_169">169</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_170">170</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_171">171</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_176">176</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_177">177</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_185">185</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_187">187</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_193">193</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_194">194</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_195">195</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_197">197</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_199">199</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_204">204</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_206">206</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_207">207</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_209">209</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_210">210</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_211">211</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_212">212</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_216">216</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_217">217</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_228">228</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_229">229</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_230">230</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_234">234</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_239">239</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_240">240</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_252">252</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_255">255</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_256">256</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_266">266</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_267">267</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_270">270</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_271">271</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_273">273</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_274">274</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_280">280</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_281">281</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_285">285</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_286">286</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_287">287</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_290">290</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_295">295</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_303">303</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_312">312</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_313">313</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_315">315</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_322">322</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_328">328</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_330">330</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_332">332</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_335">335</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_344">344</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_352">352</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_367">367</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_372">372</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_389">389</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_394">394</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_395">395</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_397">397</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_400">400</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_401">401</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_403">403</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_406">406</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_423">423</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_424">424</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_425">425</a>; +iii. <a href="#Page_17">17</a>, <a href="#Page_22">22</a>, <a +href="#Page_26">26</a>, <a href="#Page_35">35</a>, <a +href="#Page_75">75</a>, <a href="#Page_131">131</a>, <a +href="#Page_140">140</a>, <a href="#Page_161">161</a>, <a +href="#Page_166">166</a>, <a href="#Page_243">243</a>, <a +href="#Page_249">249</a>, <a href="#Page_260">260</a>, <a +href="#Page_281">281</a>, <a href="#Page_282">282</a>, <a +href="#Page_285">285</a>, <a href="#Page_336">336</a>, <a +href="#Page_337">337</a>, <a href="#Page_340">340</a>, <a +href="#Page_354">354</a></li> + +<li>Charles II., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_272">272</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_355">355</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_183">183</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_232">232</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_269">269</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_270">270</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_278">278</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_297">297</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_298">298</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_305">305</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_321">321</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_322">322</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_324">324</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_342">342</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_343">343</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_345">345</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_358">358</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_361">361</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_364">364</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_370">370</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_393">393</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_413">413</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_418">418</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_420">420</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_423">423</a>; +iii. <a href="#Page_1">1</a>, <a href="#Page_2">2</a>, <a +href="#Page_6">6</a>, <a href="#Page_11">11</a>, <a +href="#Page_13">13</a>, <a href="#Page_14">14</a>, <a +href="#Page_31">31</a>, <a href="#Page_42">42</a>, <a +href="#Page_43">43</a>, <a href="#Page_50">50</a>, <a +href="#Page_60">60</a>, <a href="#Page_78">78</a>, <a +href="#Page_83">83</a>, <a href="#Page_93">93</a>, <a +href="#Page_94">94</a>, <a href="#Page_99">99</a>, <a +href="#Page_100">100</a>, <a href="#Page_103">103</a>, <a +href="#Page_127">127</a>, <a href="#Page_132">132</a>, <a +href="#Page_133">133</a>, <a href="#Page_137">137</a>, <a +href="#Page_141">141</a>, <a href="#Page_142">142</a>, <a +href="#Page_143">143</a>, <a href="#Page_151">151</a>, <a +href="#Page_158">158</a>, <a href="#Page_182">182</a>, <a +href="#Page_189">189</a>, <a href="#Page_213">213</a>, <a +href="#Page_218">218</a>, <a href="#Page_226">226</a>, <a +href="#Page_244">244</a>, <a href="#Page_284">284</a>, <a +href="#Page_286">286</a>, <a href="#Page_287">287</a>, <a +href="#Page_298">298</a>, <a href="#Page_335">335</a>, <a +href="#Page_344">344</a>, <a href="#Page_347">347</a>, <a +href="#Page_348">348</a>, <a href="#Page_349">349</a></li> + +<li>Charles V., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_63">63</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_264">264</a></li> + +<li>Charles VIII., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_18">18</a></li> + +<li>Charles IX., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_131">131</a>; +iii. <a href="#Page_74">74</a></li> + +<li>Chelsea, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_72">72</a></li> + +<li>Cheshire, iii. <a href="#Page_182">182</a></li> + +<li>Chester, iii. <a href="#Page_32">32</a>, <a +href="#Page_34">34</a>, <a href="#Page_306">306</a></li> + +<li>Chichester, Sir Arthur, iii. <a href="#Page_331">331</a>, <a +href="#Page_332">332</a></li> + +<li>Chillingworth, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_67">67</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_68">68</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_69">69</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_151">151</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_185">185</a></li> + +<li>Chippenham, iii. <a href="#Page_42">42</a></li> + +<li>Christ Church, Oxford, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a>; +iii. <a href="#Page_69">69</a></li> + +<li>Christian faith, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_82">82</a></li> + +<li>Cicero de Legibus, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_202">202</a></li> + +<li>Cisalpine school, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a></li> + +<li>Civil rights, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_8">8</a></li> + +<li>Clanricarde, Earl of, iii. <a href="#Page_323">323</a>, <a +href="#Page_339">339</a></li> + +<li>Clare, Earl of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_144">144</a>; +iii. <a href="#Page_338">338</a>, <a href="#Page_349">349</a></li> + +<li>Clarence, Duke of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_29">29</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_32">32</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_267">267</a></li> + +<li>Clarendon, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_352">352</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_11">11</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_12">12</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_54">54</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_58">58</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_60">60</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_71">71</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_72">72</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_74">74</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_75">75</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_77">77</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_78">78</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_84">84</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_94">94</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_103">103</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_104">104</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_105">105</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_113">113</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_114">114</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_124">124</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_125">125</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_129">129</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_134">134</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_136">136</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_140">140</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_141">141</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_143">143</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_145">145</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_146">146</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_154">154</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_155">155</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_158">158</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_162">162</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_167">167</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_169">169</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_171">171</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_186">186</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_187">187</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_188">188</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_190">190</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_196">196</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_198">198</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_199">199</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_200">200</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_211">211</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_212">212</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_224">224</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_229">229</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_232">232</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_241">241</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_253">253</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_254">254</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_255">255</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_263">263</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_264">264</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_265">265</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_267">267</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_270">270</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_272">272</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_279">279</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_284">284</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_285">285</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_295">295</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_296">296</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_299">299</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_303">303</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_305">305</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_306">306</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_308">308</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_310">310</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_312">312</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_315">315</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_318">318</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_326">326</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_328">328</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_330">330</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_331">331</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_332">332</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_333">333</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_336">336</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_337">337</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_338">338</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_340">340</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_342">342</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_344">344</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_374">374</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_377">377</a>; +iii. <a href="#Page_3">3</a>, <a href="#Page_6">6</a>, <a +href="#Page_9">9</a>, <a href="#Page_10">10</a>, <a +href="#Page_58">58</a>, <a href="#Page_84">84</a>, <a +href="#Page_163">163</a>, <a href="#Page_176">176</a>, <a +href="#Page_213">213</a>, <a href="#Page_217">217</a>, <a +href="#Page_344">344</a></li> + +<li>Clement VII., Pope, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_62">62</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_267">267</a></li> + +<li>Cleves, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_310">310</a></li> + +<li>Clifford, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_341">341</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_347">347</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_361">361</a></li> + +<li>Clovis, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_259">259</a></li> + +<li>Coke, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_301">301</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_310">310</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_311">311</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_312">312</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_318">318</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_321">321</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_322">322</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_324">324</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_333">333</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_335">335</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_339">339</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_342">342</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_359">359</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_22">22</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_28">28</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_298">298</a>; +iii. <a href="#Page_41">41</a>, <a href="#Page_54">54</a>, <a +href="#Page_87">87</a>, <a href="#Page_140">140</a>, <a +href="#Page_311">311</a>, <a href="#Page_355">355</a></li> + +<li>Coldstream, The, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_288">288</a></li> + +<li>Coleman, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_384">384</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_386">386</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_389">389</a></li> + +<li>Colepepper, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_168">168</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_169">169</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_170">170</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_171">171</a>; +iii. <a href="#Page_238">238</a></li> + +<li><i>Collectanea Juridica</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_52">52</a></li> + +<li>Collier, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_71">71</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_82">82</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_84">84</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_85">85</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_87">87</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_99">99</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_113">113</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_212">212</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_378">378</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_386">386</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_50">50</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_58">58</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_104">104</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_211">211</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_292">292</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_295">295</a></li> + +<li>Colnbrook, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_140">140</a></li> + +<li>Common Pleas, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_10">10</a></li> + +<li>Commons, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_23">23</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_27">27</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_42">42</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_47">47</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_55">55</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_64">64</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_112">112</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_120">120</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_124">124</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_133">133</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_138">138</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_180">180</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_181">181</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_197">197</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_198">198</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_199">199</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_231">231</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_232">232</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_233">233</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_234">234</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_235">235</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_236">236</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_243">243</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_245">245</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_246">246</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_247">247</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_250">250</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_251">251</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_252">252</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_253">253</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_254">254</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_255">255</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_256">256</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_280">280</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_281">281</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_282">282</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_284">284</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_285">285</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_286">286</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_287">287</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_288">288</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_289">289</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_290">290</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_291">291</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_292">292</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_293">293</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_299">299</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_301">301</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_303">303</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_306">306</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_307">307</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_309">309</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_312">312</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_313">313</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_314">314</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_315">315</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_316">316</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_317">317</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_318">318</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_330">330</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_332">332</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_333">333</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_334">334</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_335">335</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_336">336</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_337">337</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_338">338</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_341">341</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_344">344</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_345">345</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_346">346</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_348">348</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_349">349</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_350">350</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_353">353</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_359">359</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_360">360</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_361">361</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_363">363</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_364">364</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_365">365</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_366">366</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_370">370</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_374">374</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_385">385</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_387">387</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_1">1</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_2">2</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_4">4</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_9">9</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_17">17</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_22">22</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_82">82</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_85">85</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_86">86</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_94">94</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_98">98</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_103">103</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_104">104</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_105">105</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_108">108</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_111">111</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_112">112</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_116">116</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_124">124</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_127">127</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_130">130</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_134">134</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_135">135</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_137">137</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_138">138</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_143">143</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_146">146</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_147">147</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_151">151</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_180">180</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_182">182</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_183">183</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_185">185</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_187">187</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_189">189</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_192">192</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_197">197</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_202">202</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_203">203</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_205">205</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_212">212</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_213">213</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_214">214</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_215">215</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_216">216</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_220">220</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_226">226</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_238">238</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_239">239</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_248">248</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_262">262</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_268">268</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_270">270</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_273">273</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_274">274</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_279">279</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_280">280</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_283">283</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_287">287</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_295">295</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_297">297</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_302">302</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_304">304</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_310">310</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_317">317</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_320">320</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_324">324</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_327">327</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_334">334</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_345">345</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_346">346</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_359">359</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_368">368</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_370">370</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_372">372</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_375">375</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_376">376</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_379">379</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_390">390</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_396">396</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_397">397</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_398">398</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_402">402</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_403">403</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_407">407</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_409">409</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_410">410</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_425">425</a>; +iii. <a href="#Page_3">3</a>, <a href="#Page_7">7</a>, <a +href="#Page_8">8</a>, <a href="#Page_10">10</a>, <a +href="#Page_14">14</a>, <a href="#Page_15">15</a>, <a +href="#Page_17">17</a>, <a href="#Page_18">18</a>, <a +href="#Page_19">19</a>, <a href="#Page_20">20</a>, <a +href="#Page_21">21</a>, <a href="#Page_22">22</a>, <a +href="#Page_23">23</a>, <a href="#Page_24">24</a>, <a +href="#Page_25">25</a>, <a href="#Page_26">26</a>, <a +href="#Page_27">27</a>, <a href="#Page_28">28</a>, <a +href="#Page_29">29</a>, <a href="#Page_32">32</a>, <a +href="#Page_33">33</a>, <a href="#Page_34">34</a>, <a +href="#Page_36">36</a>, <a href="#Page_37">37</a>, <a +href="#Page_42">42</a>, <a href="#Page_44">44</a>, <a +href="#Page_45">45</a>, <a href="#Page_50">50</a>, <a +href="#Page_52">52</a>, <a href="#Page_53">53</a>, <a +href="#Page_76">76</a>, <a href="#Page_82">82</a>, <a +href="#Page_84">84</a>, <a href="#Page_85">85</a>, <a +href="#Page_86">86</a>, <a href="#Page_87">87</a>, <a +href="#Page_89">89</a>, <a href="#Page_90">90</a>, <a +href="#Page_91">91</a>, <a href="#Page_92">92</a>, <a +href="#Page_99">99</a>, <a href="#Page_101">101</a>, <a +href="#Page_102">102</a>, <a href="#Page_103">103</a>, <a +href="#Page_106">106</a>, <a href="#Page_111">111</a>, <a +href="#Page_112">112</a>, <a href="#Page_117">117</a>, <a +href="#Page_123">123</a>, <a href="#Page_124">124</a>, <a +href="#Page_125">125</a>, <a href="#Page_127">127</a>, <a +href="#Page_130">130</a>, <a href="#Page_132">132</a>, <a +href="#Page_134">134</a>, <a href="#Page_144">144</a>, <a +href="#Page_151">151</a>, <a href="#Page_154">154</a>, <a +href="#Page_158">158</a>, <a href="#Page_161">161</a>, <a +href="#Page_162">162</a>, <a href="#Page_164">164</a>, <a +href="#Page_165">165</a>, <a href="#Page_167">167</a>, <a +href="#Page_168">168</a>, <a href="#Page_169">169</a>, <a +href="#Page_170">170</a>, <a href="#Page_171">171</a>, <a +href="#Page_182">182</a>, <a href="#Page_184">184</a>, <a +href="#Page_185">185</a>, <a href="#Page_205">205</a>, <a +href="#Page_206">206</a>, <a href="#Page_208">208</a>, <a +href="#Page_209">209</a>, <a href="#Page_210">210</a>, <a +href="#Page_215">215</a>, <a href="#Page_218">218</a>, <a +href="#Page_227">227</a>, <a href="#Page_229">229</a>, <a +href="#Page_231">231</a>, <a href="#Page_232">232</a>, <a +href="#Page_233">233</a>, <a href="#Page_234">234</a>, <a +href="#Page_235">235</a>, <a href="#Page_237">237</a>, <a +href="#Page_238">238</a>, <a href="#Page_240">240</a>, <a +href="#Page_241">241</a>, <a href="#Page_247">247</a>, <a +href="#Page_251">251</a>, <a href="#Page_285">285</a>, <a +href="#Page_295">295</a>, <a href="#Page_311">311</a>, <a +href="#Page_319">319</a>, <a href="#Page_320">320</a>, <a +href="#Page_335">335</a>, <a href="#Page_340">340</a>, <a +href="#Page_344">344</a>, <a href="#Page_346">346</a>, <a +href="#Page_351">351</a>, <a href="#Page_353">353</a>, <a +href="#Page_354">354</a>, <a href="#Page_355">355</a>, <a +href="#Page_357">357</a> <span class="pagenum"><a name="Page_362" +id="Page_362">362</a></span></li> + +<li><i>Commonwealth of England</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_50">50</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_212">212</a></li> + +<li>Compton, Sir William, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_64">64</a></li> + +<li>Cowell's <i>Interpreter</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_302">302</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_303">303</a></li> + +<li>Confirmatio Chartarum, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_17">17</a></li> + +<li><i>Conformity, Act of</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_170">170</a></li> + +<li>Connaught, iii. <a href="#Page_301">301</a>, <a +href="#Page_305">305</a>, <a href="#Page_310">310</a>, <a +href="#Page_313">313</a>, <a href="#Page_318">318</a>, <a +href="#Page_324">324</a>, <a href="#Page_325">325</a>, <a +href="#Page_335">335</a>, <a href="#Page_338">338</a>, <a +href="#Page_345">345</a></li> + +<li>Continent, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_87">87</a></li> + +<li>Cork, iii. <a href="#Page_313">313</a>, <a +href="#Page_323">323</a>, <a href="#Page_328">328</a>, <a +href="#Page_331">331</a>, <a href="#Page_339">339</a></li> + +<li>Cornish, iii. <a href="#Page_142">142</a></li> + +<li>Cornwall, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_47">47</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a>; +iii. <a href="#Page_35">35</a></li> + +<li><i>Corporation Act</i>, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_300">300</a></li> + +<li>Cottington, Lord, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_11">11</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_12">12</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_36">36</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_41">41</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_60">60</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_62">62</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_79">79</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_155">155</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_159">159</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_227">227</a></li> + +<li>Cotton, Sir Roger, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_25">25</a></li> + +<li>Courtin, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_366">366</a></li> + +<li>Court of Chancery, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_223">223</a></li> + +<li>Coventry, Sir John, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_355">355</a></li> + +<li>Coventry, Sir William, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_344">344</a></li> + +<li>Coverdale, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a></li> + +<li>Cowper, iii. <a href="#Page_184">184</a></li> + +<li>Cox, Bishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_113">113</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_164">164</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_210">210</a></li> + +<li>Coxe's <i>Memoirs</i>, iii. <a href="#Page_233">233</a>, <a +href="#Page_256">256</a></li> + +<li>Cranmer, Archbishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_33">33</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_66">66</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_68">68</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_82">82</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_84">84</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_94">94</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_95">95</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_96">96</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_99">99</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_162">162</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_177">177</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_367">367</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_310">310</a></li> + +<li>Crassi, iii. <a href="#Page_39">39</a></li> + +<li>Crawley, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_20">20</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_81">81</a></li> + +<li>Crew, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_315">315</a></li> + +<li>Crighton, iii. <a href="#Page_284">284</a></li> + +<li>Croke, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_20">20</a></li> + +<li>Cromer, iii. <a href="#Page_319">319</a></li> + +<li>Cromwell, Henry, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_244">244</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_254">254</a></li> + +<li>Cromwell, Oliver, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_238">238</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_239">239</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_240">240</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_241">241</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_242">242</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_243">243</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_246">246</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_247">247</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_252">252</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_253">253</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_254">254</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_255">255</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_258">258</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_288">288</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_289">289</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_313">313</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_322">322</a>; +iii. <a href="#Page_284">284</a>, <a href="#Page_344">344</a>, <a +href="#Page_345">345</a>, <a href="#Page_347">347</a></li> + +<li>Cromwell, Richard, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_244">244</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_258">258</a></li> + +<li>Cromwell, Thomas, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_32">32</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_33">33</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_71">71</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_77">77</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_52">52</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_59">59</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_111">111</a>. +116, <a href="#Page_137">137</a>, <a href="#Page_138">138</a>, <a +href="#Page_140">140</a>, <a href="#Page_156">156</a>, <a +href="#Page_159">159</a>, <a href="#Page_164">164</a>, <a +href="#Page_165">165</a>, <a href="#Page_166">166</a>, <a +href="#Page_185">185</a>, <a href="#Page_188">188</a>, <a +href="#Page_190">190</a>, <a href="#Page_191">191</a>, <a +href="#Page_193">193</a>, <a href="#Page_197">197</a>, <a +href="#Page_198">198</a>, <a href="#Page_204">204</a>, <a +href="#Page_209">209</a>, <a href="#Page_217">217</a>, <a +href="#Page_218">218</a>, <a href="#Page_219">219</a>, <a +href="#Page_221">221</a>, <a href="#Page_222">222</a>, <a +href="#Page_224">224</a>, <a href="#Page_225">225</a>, <a +href="#Page_226">226</a>, <a href="#Page_229">229</a>, <a +href="#Page_231">231</a>, <a href="#Page_233">233</a>, <a +href="#Page_235">235</a>, <a href="#Page_236">236</a>, <a +href="#Page_237">237</a></li> + +<li>Crown, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_8">8</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_10">10</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_11">11</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_15">15</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_19">19</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_27">27</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_44">44</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_55">55</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_72">72</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_73">73</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_77">77</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_108">108</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_162">162</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_179">179</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_182">182</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_184">184</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_189">189</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_197">197</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_210">210</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_219">219</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_221">221</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_224">224</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_232">232</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_235">235</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_236">236</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_239">239</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_240">240</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_244">244</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_246">246</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_247">247</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_261">261</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_269">269</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_272">272</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_283">283</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_284">284</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_289">289</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_292">292</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_296">296</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_297">297</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_299">299</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_301">301</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_306">306</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_315">315</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_319">319</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_324">324</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_330">330</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_342">342</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_345">345</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_348">348</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_349">349</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_356">356</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_366">366</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_382">382</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_6">6</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_19">19</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_20">20</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_23">23</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_24">24</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_25">25</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_36">36</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_40">40</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_42">42</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_43">43</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_45">45</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_47">47</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_48">48</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_51">51</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_72">72</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_79">79</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_87">87</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_95">95</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_98">98</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_108">108</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_117">117</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_124">124</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_126">126</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_127">127</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_130">130</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_133">133</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_158">158</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_179">179</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_182">182</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_183">183</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_195">195</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_198">198</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_213">213</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_273">273</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_275">275</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_276">276</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_279">279</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_283">283</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_285">285</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_287">287</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_290">290</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_300">300</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_302">302</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_303">303</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_323">323</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_324">324</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_345">345</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_387">387</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_397">397</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_402">402</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_406">406</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_409">409</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_412">412</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_415">415</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_419">419</a>; +iii. <a href="#Page_6">6</a>, <a href="#Page_11">11</a>, <a +href="#Page_12">12</a>, <a href="#Page_14">14</a>, <a +href="#Page_17">17</a>, <a href="#Page_22">22</a>, <a +href="#Page_25">25</a>, <a href="#Page_30">30</a>, <a +href="#Page_31">31</a>, <a href="#Page_34">34</a>, <a +href="#Page_35">35</a>, <a href="#Page_36">36</a>, <a +href="#Page_43">43</a>, <a href="#Page_45">45</a>, <a +href="#Page_46">46</a>, <a href="#Page_53">53</a>, <a +href="#Page_54">54</a>, <a href="#Page_56">56</a>, <a +href="#Page_62">62</a>, <a href="#Page_65">65</a>, <a +href="#Page_71">71</a>, <a href="#Page_77">77</a>, <a +href="#Page_81">81</a>, <a href="#Page_82">82</a>, <a +href="#Page_85">85</a>, <a href="#Page_86">86</a>, <a +href="#Page_87">87</a>, <a href="#Page_88">88</a>, <a +href="#Page_89">89</a>, <a href="#Page_90">90</a>, <a +href="#Page_91">91</a>, <a href="#Page_92">92</a>, <a +href="#Page_101">101</a>, <a href="#Page_102">102</a>, <a +href="#Page_103">103</a>, <a href="#Page_106">106</a>, <a +href="#Page_125">125</a>, <a href="#Page_131">131</a>, <a +href="#Page_144">144</a>, <a href="#Page_146">146</a>, <a +href="#Page_147">147</a>, <a href="#Page_154">154</a>, <a +href="#Page_155">155</a>, <a href="#Page_159">159</a>, <a +href="#Page_160">160</a>, <a href="#Page_161">161</a>, <a +href="#Page_162">162</a>, <a href="#Page_163">163</a>, <a +href="#Page_164">164</a>, <a href="#Page_166">166</a>, <a +href="#Page_167">167</a>, <a href="#Page_168">168</a>, <a +href="#Page_169">169</a>, <a href="#Page_171">171</a>, <a +href="#Page_172">172</a>, <a href="#Page_175">175</a>, <a +href="#Page_176">176</a>, <a href="#Page_177">177</a>, <a +href="#Page_180">180</a>, <a href="#Page_185">185</a>, <a +href="#Page_188">188</a>, <a href="#Page_201">201</a>, <a +href="#Page_202">202</a>, <a href="#Page_208">208</a>, <a +href="#Page_209">209</a>, <a href="#Page_210">210</a>, <a +href="#Page_215">215</a>, <a href="#Page_219">219</a>, <a +href="#Page_226">226</a>, <a href="#Page_229">229</a>, <a +href="#Page_230">230</a>, <a href="#Page_232">232</a>, <a +href="#Page_233">233</a>, <a href="#Page_252">252</a>, <a +href="#Page_253">253</a>, <a href="#Page_254">254</a>, <a +href="#Page_256">256</a>, <a href="#Page_257">257</a>, <a +href="#Page_270">270</a>, <a href="#Page_274">274</a>, <a +href="#Page_275">275</a>, <a href="#Page_277">277</a>, <a +href="#Page_278">278</a>, <a href="#Page_279">279</a>, <a +href="#Page_280">280</a>, <a href="#Page_281">281</a>, <a +href="#Page_282">282</a>, <a href="#Page_287">287</a>, <a +href="#Page_289">289</a>, <a href="#Page_300">300</a>, <a +href="#Page_306">306</a>, <a href="#Page_310">310</a>, <a +href="#Page_313">313</a>, <a href="#Page_324">324</a>, <a +href="#Page_325">325</a>, <a href="#Page_329">329</a>, <a +href="#Page_330">330</a>, <a href="#Page_331">331</a>, <a +href="#Page_332">332</a>, <a href="#Page_333">333</a>, <a +href="#Page_334">334</a>, <a href="#Page_335">335</a>, <a +href="#Page_338">338</a>, <a href="#Page_339">339</a>, <a +href="#Page_343">343</a>, <a href="#Page_354">354</a>, <a +href="#Page_355">355</a>, <a href="#Page_357">357</a></li> + +<li>Culloden, iii. <a href="#Page_224">224</a></li> + +<li>Cumberland, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a></li> + +<li>Cumberland, Countess of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_271">271</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_273">273</a></li> + +<li>Cumberland, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a></li> + +<li>Cunningham, iii. <a href="#Page_183">183</a></li> + +<li class="alpha">Dalrymple, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_343">343</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_348">348</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_350">350</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_352">352</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_365">365</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_424">424</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_425">425</a>; +iii. <a href="#Page_44">44</a>, <a href="#Page_47">47</a>, <a +href="#Page_74">74</a>, <a href="#Page_106">106</a>, <a +href="#Page_108">108</a>, <a href="#Page_121">121</a>, <a +href="#Page_267">267</a>, <a href="#Page_268">268</a> <span +class="pagenum"><a name="Page_363" id="Page_363">363</a></span></li> + +<li>Danby, Lord, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_361">361</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_363">363</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_364">364</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_366">366</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_369">369</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_372">372</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_374">374</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_375">375</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_376">376</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_381">381</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_382">382</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_389">389</a>; +iii. <a href="#Page_62">62</a>, <a href="#Page_73">73</a>, <a +href="#Page_85">85</a>, <a href="#Page_98">98</a></li> + +<li>Darcy, Patrick, iii. <a href="#Page_355">355</a></li> + +<li>Darnley, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_126">126</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a></li> + +<li>Davenant, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_63">63</a></li> + +<li>David II., iii. <a href="#Page_267">267</a>, <a +href="#Page_268">268</a></li> + +<li>Davis, iii. <a href="#Page_307">307</a>, <a +href="#Page_314">314</a></li> + +<li>De Burgh, iii. <a href="#Page_306">306</a>, <a +href="#Page_310">310</a></li> + +<li>De Courcy, iii. <a href="#Page_306">306</a>, <a +href="#Page_312">312</a></li> + +<li>D'Ewes, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_181">181</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_182">182</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_197">197</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_198">198</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_211">211</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_233">233</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_234">234</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_247">247</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_248">248</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_255">255</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_260">260</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_334">334</a></li> + +<li>Delamere, Lord, iii. <a href="#Page_73">73</a></li> + +<li>Denison, Mr. Justice, iii. <a href="#Page_248">248</a></li> + +<li>Denmark, Princess of, iii. <a href="#Page_160">160</a></li> + +<li>Derry, iii. <a href="#Page_349">349</a></li> + +<li>Desborough, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_250">250</a></li> + +<li>Desmond, Earl of, iii. <a href="#Page_311">311</a>, <a +href="#Page_317">317</a>, <a href="#Page_318">318</a>, <a +href="#Page_322">322</a>, <a href="#Page_323">323</a>, <a +href="#Page_331">331</a></li> + +<li>Devonshire, Earl of, iii. <a href="#Page_73">73</a>, <a +href="#Page_74">74</a></li> + +<li>Digby, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_338">338</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_99">99</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_155">155</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_159">159</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_175">175</a></li> + +<li>Digges, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_314">314</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_316">316</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_342">342</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_350">350</a></li> + +<li>Doddridge, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_323">323</a></li> + +<li>Dodd's <i>Church History</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_139">139</a></li> + +<li>Domesday Book, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_16">16</a>; +iii. <a href="#Page_38">38</a></li> + +<li>Doneraile, iii. <a href="#Page_331">331</a></li> + +<li>Dorislaus, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_229">229</a></li> + +<li>Dorset, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_98">98</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a></li> + +<li>Douay, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_140">140</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_142">142</a></li> + +<li>Downing, Sir George, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_325">325</a></li> + +<li>Drake, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_71">71</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_155">155</a></li> + +<li>Dublin, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_175">175</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_254">254</a>; +iii. <a href="#Page_305">305</a>, <a href="#Page_306">306</a>, <a +href="#Page_308">308</a>, <a href="#Page_314">314</a>, <a +href="#Page_315">315</a>, <a href="#Page_317">317</a>, <a +href="#Page_319">319</a>, <a href="#Page_329">329</a>, <a +href="#Page_348">348</a>, <a href="#Page_349">349</a></li> + +<li>Dudley, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_19">19</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_119">119</a></li> + +<li>Dunkirk, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_336">336</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_337">337</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_343">343</a></li> + +<li>Duppa, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_170">170</a></li> + +<li>Durham, iii. <a href="#Page_32">32</a>, <a +href="#Page_35">35</a></li> + +<li>Durham, Bishop of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_98">98</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a></li> + +<li>Dutch provinces, iii. <a href="#Page_14">14</a>, <a +href="#Page_78">78</a>, <a href="#Page_125">125</a>, <a +href="#Page_157">157</a></li> + +<li>Dyer's Reports, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_294">294</a></li> + +<li>Dykvelt, iii. <a href="#Page_62">62</a></li> + +<li class="alpha">Eastern churches, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a></li> + +<li>East India Company, iii. <a href="#Page_20">20</a>, <a +href="#Page_21">21</a></li> + +<li>Edgehill, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_130">130</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_208">208</a></li> + +<li>Edward I., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_16">16</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_69">69</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_8">8</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_18">18</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_120">120</a>; +iii. <a href="#Page_32">32</a>, <a href="#Page_33">33</a>, <a +href="#Page_36">36</a>, <a href="#Page_37">37</a>, <a +href="#Page_38">38</a>, <a href="#Page_309">309</a></li> + +<li>Edward II., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_9">9</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_301">301</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_118">118</a></li> + +<li>Edward III., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_15">15</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_25">25</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_35">35</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_39">39</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_41">41</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_55">55</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_69">69</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_231">231</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_293">293</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_356">356</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_7">7</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_17">17</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_18">18</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_86">86</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_95">95</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_375">375</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_406">406</a>; +iii. <a href="#Page_25">25</a>, <a href="#Page_28">28</a>, <a +href="#Page_33">33</a>, <a href="#Page_134">134</a>, <a +href="#Page_137">137</a>, <a href="#Page_138">138</a>, <a +href="#Page_142">142</a>, <a href="#Page_144">144</a>, <a +href="#Page_147">147</a>, <a href="#Page_205">205</a>, <a +href="#Page_309">309</a>, <a href="#Page_310">310</a>, <a +href="#Page_311">311</a>, <a href="#Page_312">312</a>, <a +href="#Page_334">334</a></li> + +<li>Edward IV., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_14">14</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_15">15</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_16">16</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_18">18</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_29">29</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_357">357</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_298">298</a>; +iii. <a href="#Page_16">16</a>, <a href="#Page_25">25</a>, <a +href="#Page_30">30</a>, <a href="#Page_37">37</a>, <a +href="#Page_39">39</a>, <a href="#Page_316">316</a>, <a +href="#Page_354">354</a></li> + +<li>Edward VI., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_39">39</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_40">40</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_42">42</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_47">47</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_73">73</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_84">84</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_85">85</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_87">87</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_98">98</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_104">104</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_107">107</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_162">162</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_176">176</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_181">181</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_210">210</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_222">222</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_253">253</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_256">256</a>; +iii. <a href="#Page_34">34</a>, <a href="#Page_141">141</a>, <a +href="#Page_142">142</a>, <a href="#Page_145">145</a>, <a +href="#Page_234">234</a>, <a href="#Page_318">318</a></li> + +<li>Egerton, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_311">311</a></li> + +<li>Eleanor, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a></li> + +<li>Eliot, Sir John, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_350">350</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_2">2</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_3">3</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_4">4</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_5">5</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_43">43</a>; +iii. <a href="#Page_1">1</a></li> + +<li>Elizabeth, Queen, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_41">41</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_45">45</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_47">47</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_50">50</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_55">55</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_73">73</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_77">77</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_79">79</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_104">104</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_105">105</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_111">111</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_113">113</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_114">114</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_115">115</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_120">120</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_122">122</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_124">124</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_125">125</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_126">126</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_129">129</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_131">131</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_133">133</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_135">135</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_137">137</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_138">138</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_141">141</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_142">142</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_147">147</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_150">150</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_151">151</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_153">153</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_154">154</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_157">157</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_159">159</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_160">160</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_161">161</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_164">164</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_167">167</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_168">168</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_169">169</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_170">170</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_175">175</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_177">177</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_179">179</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_180">180</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_184">184</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_185">185</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_187">187</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_197">197</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_198">198</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_210">210</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_211">211</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_213">213</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_215">215</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_218">218</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_221">221</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_222">222</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_225">225</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_226">226</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_228">228</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_229">229</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_230">230</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_231">231</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_232">232</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_233">233</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_234">234</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_235">235</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_237">237</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_238">238</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_239">239</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_241">241</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_242">242</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_245">245</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_246">246</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_247">247</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_248">248</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_250">250</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_253">253</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_258">258</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_260">260</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_262">262</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_263">263</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_264">264</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_265">265</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_266">266</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_269">269</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_272">272</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_275">275</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_278">278</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_295">295</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_301">301</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_309">309</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_311">311</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_358">358</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_365">365</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_374">374</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_8">8</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_10">10</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_17">17</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_22">22</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_28">28</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_29">29</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_38">38</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_43">43</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_58">58</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_121">121</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_300">300</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_304">304</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_307">307</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_331">331</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_342">342</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_358">358</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_391">391</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_404">404</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_420">420</a>; +iii. <a href="#Page_7">7</a>, <a href="#Page_16">16</a>, <a +href="#Page_17">17</a>, <a href="#Page_26">26</a>, <a +href="#Page_27">27</a>, <a href="#Page_29">29</a>, <a +href="#Page_31">31</a>, <a href="#Page_32">32</a>, <a +href="#Page_34">34</a>, <a href="#Page_35">35</a>, <a +href="#Page_57">57</a>, <a href="#Page_61">61</a>, <a +href="#Page_115">115</a>, <a href="#Page_137">137</a>, <a +href="#Page_140">140</a>, <a href="#Page_152">152</a>, <a +href="#Page_155">155</a>, <a href="#Page_213">213</a>, <a +href="#Page_237">237</a>, <a href="#Page_304">304</a>, <a +href="#Page_318">318</a>, <a href="#Page_320">320</a>, <a +href="#Page_321">321</a>, <a href="#Page_322">322</a>, <a +href="#Page_323">323</a>, <a href="#Page_326">326</a>, <a +href="#Page_335">335</a>, <a href="#Page_351">351</a></li> + +<li>Ellis's <i>Letters</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_20">20</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_22">22</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_41">41</a></li> + +<li>Ely, Bishop of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_98">98</a></li> + +<li>Empson, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_19">19</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_21">21</a></li> + +<li>Episcopius, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_70">70</a></li> + +<li>Erastianism, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_109">109</a></li> + +<li><i>Erudition</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_80">80</a></li> + +<li>Essex, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_33">33</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_309">309</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_311">311</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_315">315</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_136">136</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_144">144</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_147">147</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_155">155</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_343">343</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_381">381</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_400">400</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_414">414</a></li> + +<li>Europe, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_63">63</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_65">65</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_87">87</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_178">178</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_233">233</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_367">367</a>; +iii. <a href="#Page_121">121</a>, <a href="#Page_122">122</a>, <a +href="#Page_124">124</a>, <a href="#Page_130">130</a>, <a +href="#Page_169">169</a>, <a href="#Page_185">185</a>, <a +href="#Page_189">189</a>, <a href="#Page_221">221</a>, <a +href="#Page_222">222</a>, <a href="#Page_228">228</a>, <a +href="#Page_237">237</a>, <a href="#Page_254">254</a>, <a +href="#Page_272">272</a>, <a href="#Page_302">302</a>, <a +href="#Page_303">303</a>, <a href="#Page_304">304</a></li> + +<li>European monarchies, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_15">15</a></li> + +<li>Evelyn, Sir John, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_213">213</a></li> + +<li>Ewer, Sir Ralph, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_28">28</a></li> + +<li>Exchequer, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_10">10</a></li> + +<li>Exeter, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a></li> + +<li>Eyre, Chief Justice, iii. <a href="#Page_147">147</a></li> + +<li class="alpha">Fagg, Sir John, iii. <a href="#Page_22">22</a></li> + +<li>Fairfax, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_164">164</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_188">188</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_191">191</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_197">197</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_253">253</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_258">258</a></li> + +<li>Falkland, Lord, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_43">43</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_107">107</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_301">301</a></li> + +<li>Falmouth, iii. <a href="#Page_33">33</a> <span class="pagenum"><a +name="Page_364" id="Page_364">364</a></span></li> + +<li>Farnese, Cardinal, <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_267">267</a></li> + +<li>Feckenham, Abbot of Westminster, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_113">113</a></li> + +<li>Felton, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_131">131</a></li> + +<li>Fenwick, Sir John, iii. <a href="#Page_116">116</a>, <a +href="#Page_117">117</a>, <a href="#Page_118">118</a>, <a +href="#Page_222">222</a></li> + +<li>Fenwick, Lady Mary, iii. <a href="#Page_117">117</a></li> + +<li>Ferdinand of Aragon, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_29">29</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_114">114</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_115">115</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_119">119</a></li> + +<li>Fergus, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_279">279</a></li> + +<li>Ferrers, Earl, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_36">36</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_250">250</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_251">251</a>; +iii. <a href="#Page_236">236</a></li> + +<li>Feversham, iii. <a href="#Page_80">80</a></li> + +<li>Filmer, Sir Robert, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_422">422</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_423">423</a></li> + +<li>Fisher, Bishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_64">64</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_69">69</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_66">66</a></li> + +<li>Fitzgerald, iii. <a href="#Page_310">310</a>, <a +href="#Page_315">315</a></li> + +<li>Fitz-Stephen, iii. <a href="#Page_304">304</a></li> + +<li>Flanders, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_77">77</a>; +iii. <a href="#Page_189">189</a>, <a href="#Page_190">190</a>, <a +href="#Page_191">191</a></li> + +<li>Fleet Prison, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_116">116</a></li> + +<li>Fleetwood, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_235">235</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_246">246</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_248">248</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_257">257</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_261">261</a></li> + +<li>Flemish provinces, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_132">132</a>; +iii. <a href="#Page_266">266</a></li> + +<li>Fleury, Cardinal, iii. <a href="#Page_222">222</a></li> + +<li>Florence, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_63">63</a></li> + +<li>Floyd, iii. <a href="#Page_243">243</a>, <a +href="#Page_245">245</a></li> + +<li>Forbes's <i>State Papers</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_125">125</a></li> + +<li>Fortesque, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_263">263</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_279">279</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_280">280</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_281">281</a></li> + +<li>Foster, Mr. Justice, iii. <a href="#Page_137">137</a>, <a +href="#Page_139">139</a>, <a href="#Page_248">248</a></li> + +<li>Foulis, Sir David, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_39">39</a></li> + +<li>Fox, Bishop of Hereford, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a>; +iii. <a href="#Page_151">151</a>, <a href="#Page_232">232</a></li> + +<li>France, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_20">20</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_25">25</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_38">38</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_115">115</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_124">124</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_127">127</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_134">134</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_213">213</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_258">258</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_267">267</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_314">314</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_384">384</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_63">63</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_79">79</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_121">121</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_161">161</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_168">168</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_172">172</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_194">194</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_200">200</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_312">312</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_336">336</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_337">337</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_342">342</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_346">346</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_350">350</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_361">361</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_370">370</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_384">384</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_394">394</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_422">422</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_424">424</a>; +iii. <a href="#Page_72">72</a>, <a href="#Page_76">76</a>, <a +href="#Page_119">119</a>, <a href="#Page_121">121</a>, <a +href="#Page_123">123</a>, <a href="#Page_143">143</a>, <a +href="#Page_159">159</a>, <a href="#Page_185">185</a>, <a +href="#Page_186">186</a>, <a href="#Page_190">190</a>, <a +href="#Page_191">191</a>, <a href="#Page_198">198</a>, <a +href="#Page_205">205</a>, <a href="#Page_206">206</a>, <a +href="#Page_221">221</a>, <a href="#Page_222">222</a>, <a +href="#Page_230">230</a>, <a href="#Page_299">299</a>, <a +href="#Page_303">303</a>, <a href="#Page_306">306</a>, <a +href="#Page_307">307</a>, <a href="#Page_348">348</a>, <a +href="#Page_350">350</a></li> + +<li>Francis I., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_39">39</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_63">63</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_259">259</a></li> + +<li>Francis II., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_124">124</a></li> + +<li>Frankfort, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a></li> + +<li>Frideswide, St., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a></li> + +<li>Fuller's <i>Church History</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_113">113</a></li> + +<li class="alpha">Gage, Colonel, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_77">77</a></li> + +<li>Gallican school, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a></li> + +<li>Galway, iii. <a href="#Page_340">340</a>, <a +href="#Page_349">349</a></li> + +<li>Gardiner, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_44">44</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_45">45</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_94">94</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_95">95</a></li> + +<li>Gatton, iii. <a href="#Page_34">34</a></li> + +<li>Gauden, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_211">211</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_212">212</a></li> + +<li>Geneva, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_45">45</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a></li> + +<li>George I., iii. <a href="#Page_96">96</a>, <a +href="#Page_141">141</a>, <a href="#Page_163">163</a>, <a +href="#Page_167">167</a>, <a href="#Page_175">175</a>, <a +href="#Page_179">179</a>, <a href="#Page_202">202</a>, <a +href="#Page_203">203</a>, <a href="#Page_204">204</a>, <a +href="#Page_209">209</a>, <a href="#Page_211">211</a>, <a +href="#Page_212">212</a>, <a href="#Page_227">227</a>, <a +href="#Page_228">228</a>, <a href="#Page_244">244</a>, <a +href="#Page_255">255</a>, <a href="#Page_256">256</a>, <a +href="#Page_258">258</a>, <a href="#Page_262">262</a>, <a +href="#Page_297">297</a>, <a href="#Page_352">352</a></li> + +<li>George II., iii. <a href="#Page_89">89</a>, <a +href="#Page_159">159</a>, <a href="#Page_175">175</a>, <a +href="#Page_177">177</a>, <a href="#Page_179">179</a>, <a +href="#Page_220">220</a>, <a href="#Page_223">223</a>, <a +href="#Page_245">245</a>, <a href="#Page_248">248</a>, <a +href="#Page_258">258</a>, <a href="#Page_259">259</a>, <a +href="#Page_261">261</a>, <a href="#Page_263">263</a>, <a +href="#Page_264">264</a>, <a href="#Page_265">265</a>, <a +href="#Page_352">352</a>, <a href="#Page_353">353</a>, <a +href="#Page_356">356</a></li> + +<li>George III., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_73">73</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_252">252</a>; +iii. <a href="#Page_137">137</a>, <a href="#Page_154">154</a>, <a +href="#Page_172">172</a></li> + +<li>Geraldine, House of, iii. <a href="#Page_310">310</a>, <a +href="#Page_312">312</a>, <a href="#Page_331">331</a></li> + +<li>Gerard, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_232">232</a></li> + +<li>Germany, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_58">58</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_68">68</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_86">86</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_178">178</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_63">63</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_127">127</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_159">159</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_169">169</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_171">171</a>; +iii. <a href="#Page_225">225</a>, <a href="#Page_256">256</a>, <a +href="#Page_259">259</a>, <a href="#Page_306">306</a>, <a +href="#Page_322">322</a></li> + +<li>Gertruydenburg, iii. <a href="#Page_186">186</a>, <a +href="#Page_187">187</a>, <a href="#Page_191">191</a></li> + +<li>Gibraltar, iii. <a href="#Page_227">227</a></li> + +<li>Gifford, iii. <a href="#Page_68">68</a></li> + +<li>Glamorgan, Earl of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_175">175</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_176">176</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_177">177</a></li> + +<li>Glanville, iii. <a href="#Page_36">36</a>, <a +href="#Page_41">41</a></li> + +<li>Glastonbury, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_32">32</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_69">69</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_76">76</a></li> + +<li>Glencoe, iii. <a href="#Page_293">293</a></li> + +<li>Gloucester, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_305">305</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_139">139</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_147">147</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_204">204</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_217">217</a></li> + +<li>Gloucester, Duke of, iii. <a href="#Page_83">83</a>, <a +href="#Page_160">160</a></li> + +<li>Glyn, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_232">232</a></li> + +<li>Godfrey, Sir Edmondbury, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_385">385</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_389">389</a></li> + +<li>Godolphin, iii. <a href="#Page_98">98</a>, <a +href="#Page_108">108</a>, <a href="#Page_117">117</a>, <a +href="#Page_131">131</a>, <a href="#Page_184">184</a>, <a +href="#Page_186">186</a>, <a href="#Page_187">187</a>, <a +href="#Page_190">190</a></li> + +<li>Godstow, Nunnery of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_75">75</a></li> + +<li>Goodman, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_45">45</a>; +iii. <a href="#Page_116">116</a></li> + +<li>Goodwin, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_279">279</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_280">280</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_281">281</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_286">286</a></li> + +<li>Goring, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_163">163</a></li> + +<li>Gothic tribes, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_7">7</a></li> + +<li>Gould, iii. <a href="#Page_247">247</a></li> + +<li>Gowrie, Earl of, iii. <a href="#Page_284">284</a></li> + +<li>Grafton, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_82">82</a></li> + +<li>Graham, iii. <a href="#Page_243">243</a></li> + +<li>Grand Alliance, iii. <a href="#Page_185">185</a></li> + +<li>Granville, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_44">44</a>; +iii. <a href="#Page_257">257</a>, <a href="#Page_259">259</a></li> + +<li>Great Britain, iii. <a href="#Page_105">105</a>, <a +href="#Page_192">192</a>, <a href="#Page_193">193</a>, <a +href="#Page_212">212</a>, <a href="#Page_256">256</a>, <a +href="#Page_295">295</a>, <a href="#Page_299">299</a>, <a +href="#Page_314">314</a>, <a href="#Page_353">353</a>, <a +href="#Page_356">356</a></li> + +<li>Great Charter, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_259">259</a></li> + +<li>Greece, iii. <a href="#Page_309">309</a></li> + +<li>Greek, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_84">84</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a></li> + +<li>Greenwich, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_72">72</a></li> + +<li>Gregory VII., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_178">178</a></li> + +<li>Gregory XIII., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_141">141</a></li> + +<li>Gregory XV., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_380">380</a></li> + +<li>Grenville, Sir John, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_262">262</a>; +iii. <a href="#Page_42">42</a></li> + +<li>Grenville Act, iii. <a href="#Page_36">36</a></li> + +<li>Grey, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a></li> + +<li>Grey, Sir Arthur, iii. <a href="#Page_323">323</a></li> + +<li>Grey, Lady Catherine, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_122">122</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_233">233</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_273">273</a></li> + +<li>Grey, Lady Jane, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_36">36</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_43">43</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_96">96</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_123">123</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_420">420</a></li> + +<li>Grey, Lord Leonard, iii. <a href="#Page_317">317</a></li> + +<li>Grimston, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_273">273</a></li> + +<li>Grindal, Bishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_164">164</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_183">183</a></li> + +<li>Grosser, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_232">232</a></li> + +<li>Grotius, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_60">60</a> +<span class="pagenum"><a name="Page_365" +id="Page_365">365</a></span></li> + +<li>Gualter, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_172">172</a></li> + +<li>Guernsey, iii. <a href="#Page_12">12</a></li> + +<li>Guildhall, iii. <a href="#Page_9">9</a></li> + +<li>Guise, Duke of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_111">111</a></li> + +<li class="alpha">Habington, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a></li> + +<li>Hacker, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_280">280</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_281">281</a></li> + +<li>Hacket, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_32">32</a></li> + +<li>Hague, The, iii. <a href="#Page_72">72</a>, <a +href="#Page_186">186</a></li> + +<li>Hale, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_51">51</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_53">53</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_126">126</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_341">341</a>; +iii. <a href="#Page_7">7</a></li> + +<li>Hale, Sir Matthew, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_272">272</a>; +iii. <a href="#Page_16">16</a>, <a href="#Page_22">22</a>, <a +href="#Page_87">87</a>, <a href="#Page_136">136</a>, <a +href="#Page_138">138</a>, <a href="#Page_140">140</a>, <a +href="#Page_141">141</a></li> + +<li>Hales, Sir Edward, iii. <a href="#Page_54">54</a>, <a +href="#Page_55">55</a></li> + +<li>Hales, John, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_69">69</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_151">151</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_186">186</a></li> + +<li>Hale's Treatise, iii. <a href="#Page_23">23</a></li> + +<li>Halifax, Lord, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_405">405</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_425">425</a>; +iii. <a href="#Page_43">43</a>, <a href="#Page_62">62</a>, <a +href="#Page_72">72</a>, <a href="#Page_73">73</a>, <a +href="#Page_90">90</a>, <a href="#Page_98">98</a>, <a +href="#Page_131">131</a>, <a href="#Page_165">165</a>, <a +href="#Page_184">184</a></li> + +<li>Hall, Arthur, iii. <a href="#Page_234">234</a></li> + +<li>Hall, Bishop of Exeter, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_58">58</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_63">63</a></li> + +<li>Hamburgh, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_82">82</a></li> + +<li>Hamilton, Duke of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_197">197</a>; +iii. <a href="#Page_198">198</a>, <a href="#Page_284">284</a></li> + +<li>Hampden, John, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_15">15</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_16">16</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_17">17</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_20">20</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_45">45</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_52">52</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_87">87</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_116">116</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_133">133</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_137">137</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_141">141</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_301">301</a>; +iii. <a href="#Page_1">1</a></li> + +<li>Hampton Court, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_277">277</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_191">191</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_194">194</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_196">196</a>; +iii. <a href="#Page_279">279</a></li> + +<li>Hanover, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_231">231</a>; +iii. <a href="#Page_161">161</a>, <a href="#Page_163">163</a>, <a +href="#Page_193">193</a>, <a href="#Page_196">196</a>, <a +href="#Page_198">198</a>, <a href="#Page_200">200</a>, <a +href="#Page_201">201</a>, <a href="#Page_203">203</a>, <a +href="#Page_211">211</a>, <a href="#Page_212">212</a>, <a +href="#Page_219">219</a>, <a href="#Page_221">221</a>, <a +href="#Page_227">227</a>, <a href="#Page_255">255</a>, <a +href="#Page_256">256</a>, <a href="#Page_258">258</a>, <a +href="#Page_297">297</a>, <a href="#Page_352">352</a></li> + +<li>Harcourt, iii. <a href="#Page_197">197</a>, <a +href="#Page_203">203</a></li> + +<li><i>Hardwicke Papers</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_380">380</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_381">381</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_382">382</a>; +iii. <a href="#Page_229">229</a>, <a href="#Page_253">253</a></li> + +<li>Harfager, Egbert, iii. <a href="#Page_304">304</a></li> + +<li>Harfager, Harold, iii. <a href="#Page_304">304</a></li> + +<li>Hargrave, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_363">363</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_87">87</a>; +iii. <a href="#Page_9">9</a>, <a href="#Page_17">17</a>, <a +href="#Page_22">22</a>, <a href="#Page_24">24</a>, <a +href="#Page_104">104</a>, <a href="#Page_245">245</a>, <a +href="#Page_250">250</a></li> + +<li>Harleian MS., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_155">155</a></li> + +<li>Harley, iii. <a href="#Page_161">161</a>, <a +href="#Page_184">184</a>, <a href="#Page_195">195</a>, <a +href="#Page_198">198</a></li> + +<li>Harley, Sir Robert, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_108">108</a></li> + +<li>Harmer's <i>Observations on Burnet</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_75">75</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a></li> + +<li>Harrington, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_211">211</a>; +iii. <a href="#Page_87">87</a></li> + +<li>Harrison, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_222">222</a></li> + +<li>Haslerig, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_225">225</a></li> + +<li>Haslerig, Sir Arthur, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_52">52</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_280">280</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_300">300</a></li> + +<li>Hatton, Sir C., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_220">220</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_221">221</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_225">225</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_246">246</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_9">9</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_257">257</a></li> + +<li>Hawkins, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_14">14</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_225">225</a></li> + +<li>Haynes, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_127">127</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_230">230</a></li> + +<li>Hearne, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_71">71</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_175">175</a></li> + +<li>Heath, Archbishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_117">117</a></li> + +<li>Helvetian Protestants, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_99">99</a></li> + +<li>Henrietta Maria, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_382">382</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_64">64</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_66">66</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_143">143</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_167">167</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_172">172</a></li> + +<li>Henry, Prince, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_308">308</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_326">326</a></li> + +<li>Henry of Lion, iii. <a href="#Page_160">160</a></li> + +<li>Henry II., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_12">12</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_259">259</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_301">301</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_120">120</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_377">377</a>; +iii. <a href="#Page_266">266</a>, <a href="#Page_299">299</a>, <a +href="#Page_302">302</a>, <a href="#Page_304">304</a>, <a +href="#Page_305">305</a>, <a href="#Page_307">307</a>, <a +href="#Page_308">308</a>, <a href="#Page_312">312</a>, <a +href="#Page_317">317</a></li> + +<li>Henry III., iii. <a href="#Page_267">267</a>, <a +href="#Page_307">307</a></li> + +<li>Henry IV., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_235">235</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_310">310</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_334">334</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_326">326</a>; +iii. <a href="#Page_16">16</a>, <a href="#Page_25">25</a></li> + +<li>Henry V. i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_248">248</a></li> + +<li>Henry VI., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_14">14</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_48">48</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_59">59</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_293">293</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_320">320</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_357">357</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_379">379</a>; +iii. <a href="#Page_16">16</a>, <a href="#Page_354">354</a></li> + +<li>Henry VII., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_8">8</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_10">10</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_15">15</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_16">16</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_17">17</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_18">18</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_25">25</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_29">29</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_33">33</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_35">35</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_38">38</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_42">42</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_43">43</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_52">52</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_55">55</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_59">59</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_77">77</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_228">228</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_256">256</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_274">274</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_294">294</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_356">356</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_27">27</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_218">218</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_298">298</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_391">391</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_397">397</a>; +iii. <a href="#Page_26">26</a>, <a href="#Page_30">30</a>, <a +href="#Page_55">55</a>, <a href="#Page_86">86</a>, <a +href="#Page_160">160</a>, <a href="#Page_255">255</a>, <a +href="#Page_314">314</a>, <a href="#Page_315">315</a>, <a +href="#Page_316">316</a></li> + +<li>Henry VIII., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_19">19</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_20">20</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_28">28</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_29">29</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_36">36</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_39">39</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_48">48</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_52">52</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_57">57</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_58">58</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_59">59</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_60">60</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_64">64</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_65">65</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_66">66</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_71">71</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_72">72</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_74">74</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_75">75</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_76">76</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_77">77</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_86">86</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_96">96</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_107">107</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_176">176</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_233">233</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_256">256</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_259">259</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_262">262</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_267">267</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_269">269</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_270">270</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_294">294</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_315">315</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_321">321</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_3">3</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_16">16</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_23">23</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_27">27</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_38">38</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_59">59</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_98">98</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_107">107</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_121">121</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_411">411</a>; +iii. <a href="#Page_2">2</a>, <a href="#Page_26">26</a>, <a +href="#Page_30">30</a>, <a href="#Page_32">32</a>, <a +href="#Page_34">34</a>, <a href="#Page_157">157</a>, <a +href="#Page_213">213</a>, <a href="#Page_236">236</a>, <a +href="#Page_255">255</a>, <a href="#Page_282">282</a>, <a +href="#Page_316">316</a>, <a href="#Page_317">317</a>, <a +href="#Page_319">319</a>, <a href="#Page_334">334</a></li> + +<li>Hereford, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_306">306</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_89">89</a></li> + +<li>Hertford, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_122">122</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_271">271</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_272">272</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_325">325</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_78">78</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_132">132</a>; +iii. <a href="#Page_35">35</a></li> + +<li>Hewit, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_232">232</a></li> + +<li>Hexham Abbey, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_75">75</a></li> + +<li>Heylin, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_368">368</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_53">53</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_57">57</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_59">59</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_63">63</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_66">66</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_70">70</a></li> + +<li><i>Hibernica</i> of Harris, iii. <a href="#Page_355">355</a></li> + +<li><i>History of English Law</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_17">17</a></li> + +<li><i>History of the Law</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_59">59</a></li> + +<li>Hoadley, Bishop, iii. <a href="#Page_81">81</a>, <a +href="#Page_176">176</a>, <a href="#Page_215">215</a>, <a +href="#Page_220">220</a></li> + +<li>Hobbes, iii. <a href="#Page_176">176</a></li> + +<li>Hobby, Sir Philip, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a></li> + +<li>Hobert, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_323">323</a></li> + +<li>Holingshed, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_136">136</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_139">139</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_232">232</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_250">250</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_251">251</a></li> + +<li>Holland, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_310">310</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_144">144</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_200">200</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_240">240</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_324">324</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_350">350</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_354">354</a>; +iii. <a href="#Page_61">61</a>, <a href="#Page_72">72</a>, <a +href="#Page_105">105</a>, <a href="#Page_121">121</a>, <a +href="#Page_123">123</a>, <a href="#Page_124">124</a>, <a +href="#Page_259">259</a></li> + +<li>Holland, Earl of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_145">145</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_146">146</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_351">351</a></li> + +<li>Holland, Sir John, iii. <a href="#Page_182">182</a>, <a +href="#Page_190">190</a></li> + +<li>Holles, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_2">2</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_3">3</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_5">5</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_6">6</a></li> + +<li>Hollis, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_116">116</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_179">179</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_189">189</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_282">282</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_346">346</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_368">368</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_369">369</a></li> + +<li>Holt, iii. <a href="#Page_143">143</a>, <a +href="#Page_149">149</a>, <a href="#Page_240">240</a>, <a +href="#Page_241">241</a>, <a href="#Page_247">247</a></li> + +<li>Hooker's <i>Ecclesiastical Polity</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_201">201</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_202">202</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_203">203</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_204">204</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_205">205</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_206">206</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_207">207</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_208">208</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_209">209</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_262">262</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_310">310</a>; +iii. <a href="#Page_87">87</a></li> + +<li>Hooper, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a></li> + +<li>Horn, Bishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_113">113</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_114">114</a></li> + +<li>Hotham, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_208">208</a></li> + +<li>Howard, Lord, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_415">415</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_416">416</a> +<span class="pagenum"><a name="Page_366" +id="Page_366">366</a></span></li> + +<li>Hubert, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_29">29</a></li> + +<li>Hudson, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_28">28</a></li> + +<li>Hull, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_208">208</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_348">348</a></li> + +<li>Hume, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_222">222</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_229">229</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_230">230</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_237">237</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_248">248</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_264">264</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_344">344</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_348">348</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_352">352</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_40">40</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_77">77</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_176">176</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_223">223</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_224">224</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_384">384</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_386">386</a>; +iii. <a href="#Page_106">106</a></li> + +<li>Humphrey, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a></li> + +<li>Hun, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_59">59</a></li> + +<li>Huntingdon, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a></li> + +<li>Hutchinson, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_148">148</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_206">206</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_207">207</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_220">220</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_298">298</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_335">335</a></li> + +<li>Hutton, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_45">45</a></li> + +<li>Hyde, Sir Edward, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_328">328</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_395">395</a>; +iii. <a href="#Page_7">7</a></li> + +<li>Hyde, Sir Nicholas, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_358">358</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_361">361</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_75">75</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_134">134</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_172">172</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_257">257</a></li> + +<li class="alpha"><i>Icon Basiliké</i>, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_211">211</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_212">212</a></li> + +<li>Ilchester, iii. <a href="#Page_35">35</a></li> + +<li>Indies, iii. <a href="#Page_185">185</a></li> + +<li>Innocent X., Pope, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_227">227</a></li> + +<li><i>Institution</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_80">80</a></li> + +<li>Ireland, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_94">94</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_254">254</a>; +iii. <a href="#Page_12">12</a>, <a href="#Page_162">162</a>, <a +href="#Page_266">266</a>, <a href="#Page_299">299</a>, <a +href="#Page_300">300</a>, <a href="#Page_303">303</a>, <a +href="#Page_304">304</a>, <a href="#Page_306">306</a>, <a +href="#Page_307">307</a>, <a href="#Page_308">308</a>, <a +href="#Page_311">311</a>, <a href="#Page_312">312</a>, <a +href="#Page_314">314</a>, <a href="#Page_315">315</a>, <a +href="#Page_316">316</a>, <a href="#Page_318">318</a>, <a +href="#Page_319">319</a>, <a href="#Page_321">321</a>, <a +href="#Page_327">327</a>, <a href="#Page_331">331</a>, <a +href="#Page_334">334</a>, <a href="#Page_336">336</a>, <a +href="#Page_337">337</a>, <a href="#Page_343">343</a>, <a +href="#Page_350">350</a>, <a href="#Page_351">351</a>, <a +href="#Page_353">353</a>, <a href="#Page_354">354</a>, <a +href="#Page_355">355</a>, <a href="#Page_356">356</a>, <a +href="#Page_357">357</a></li> + +<li>Ireton, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_196">196</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_198">198</a></li> + +<li>Italy, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_63">63</a>; +iii. <a href="#Page_185">185</a></li> + +<li class="alpha">Jacobite, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_231">231</a>; +iii. <a href="#Page_83">83</a>, <a href="#Page_96">96</a>, <a +href="#Page_106">106</a>, <a href="#Page_111">111</a>, <a +href="#Page_112">112</a>, <a href="#Page_113">113</a>, <a +href="#Page_115">115</a>, <a href="#Page_173">173</a>, <a +href="#Page_212">212</a>, <a href="#Page_225">225</a></li> + +<li>James I., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_266">266</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_268">268</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_269">269</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_274">274</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_275">275</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_301">301</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_303">303</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_307">307</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_308">308</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_309">309</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_313">313</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_314">314</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_317">317</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_318">318</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_328">328</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_330">330</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_333">333</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_338">338</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_342">342</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_347">347</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_365">365</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_369">369</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_374">374</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_378">378</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_379">379</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_380">380</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_381">381</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_382">382</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_10">10</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_22">22</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_24">24</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_240">240</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_305">305</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_322">322</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_331">331</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_362">362</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_394">394</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_398">398</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_413">413</a>; +iii. <a href="#Page_26">26</a>, <a href="#Page_35">35</a>, <a +href="#Page_40">40</a>, <a href="#Page_140">140</a>, <a +href="#Page_171">171</a>, <a href="#Page_172">172</a>, <a +href="#Page_251">251</a>, <a href="#Page_267">267</a>, <a +href="#Page_268">268</a>, <a href="#Page_269">269</a>, <a +href="#Page_270">270</a>, <a href="#Page_282">282</a>, <a +href="#Page_294">294</a>, <a href="#Page_327">327</a>, <a +href="#Page_334">334</a>, <a href="#Page_335">335</a>, <a +href="#Page_349">349</a></li> + +<li>James II., ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_352">352</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_421">421</a>; +iii. <a href="#Page_37">37</a>, <a href="#Page_43">43</a>, <a +href="#Page_46">46</a>, <a href="#Page_48">48</a>, <a +href="#Page_50">50</a>, <a href="#Page_52">52</a>, <a +href="#Page_57">57</a>, <a href="#Page_59">59</a>, <a +href="#Page_61">61</a>, <a href="#Page_63">63</a>, <a +href="#Page_66">66</a>, <a href="#Page_68">68</a>, <a +href="#Page_70">70</a>, <a href="#Page_71">71</a>, <a +href="#Page_74">74</a>, <a href="#Page_75">75</a>, <a +href="#Page_76">76</a>, <a href="#Page_77">77</a>, <a +href="#Page_78">78</a>, <a href="#Page_80">80</a>, <a +href="#Page_83">83</a>, <a href="#Page_84">84</a>, <a +href="#Page_86">86</a>, <a href="#Page_87">87</a>, <a +href="#Page_94">94</a>, <a href="#Page_96">96</a>, <a +href="#Page_105">105</a>, <a href="#Page_112">112</a>, <a +href="#Page_114">114</a>, <a href="#Page_115">115</a>, <a +href="#Page_119">119</a>, <a href="#Page_125">125</a>, <a +href="#Page_151">151</a>, <a href="#Page_157">157</a>, <a +href="#Page_185">185</a>, <a href="#Page_193">193</a>, <a +href="#Page_195">195</a>, <a href="#Page_202">202</a>, <a +href="#Page_244">244</a>, <a href="#Page_260">260</a>, <a +href="#Page_270">270</a>, <a href="#Page_282">282</a></li> + +<li>James III., iii. <a href="#Page_269">269</a>, <a +href="#Page_271">271</a></li> + +<li>James IV., iii. <a href="#Page_268">268</a>, <a +href="#Page_270">270</a>, <a href="#Page_271">271</a></li> + +<li>James V., King of Scots, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_154">154</a>; +iii. <a href="#Page_272">272</a>, <a href="#Page_276">276</a>, <a +href="#Page_278">278</a>, <a href="#Page_279">279</a>, <a +href="#Page_280">280</a></li> + +<li>James VI., iii. <a href="#Page_271">271</a>, <a +href="#Page_283">283</a></li> + +<li>James VII., iii. <a href="#Page_288">288</a>, <a +href="#Page_289">289</a></li> + +<li>Jefferies, iii. <a href="#Page_57">57</a>, <a +href="#Page_143">143</a>, <a href="#Page_147">147</a></li> + +<li>Jekyll, Sir Joseph, iii. <a href="#Page_181">181</a></li> + +<li>Jenkes, iii. <a href="#Page_9">9</a>, <a +href="#Page_10">10</a></li> + +<li>Jermyn, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_116">116</a></li> + +<li>Jersey, iii. <a href="#Page_12">12</a></li> + +<li>Jersey, Lord, iii. <a href="#Page_130">130</a></li> + +<li>Jesuits, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_132">132</a></li> + +<li>Jewel, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_164">164</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_167">167</a></li> + +<li>John, King, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_15">15</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_48">48</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_17">17</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_18">18</a>; +iii. <a href="#Page_89">89</a>, <a href="#Page_306">306</a>, <a +href="#Page_307">307</a></li> + +<li>Joseph, Emperor, iii. <a href="#Page_189">189</a></li> + +<li>Joyer, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_188">188</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_191">191</a></li> + +<li>Juliers, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_310">310</a></li> + +<li><i>Jurisdiction of the Lords' House</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_51">51</a>; +iii. <a href="#Page_23">23</a></li> + +<li>Juxon, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_170">170</a></li> + +<li class="alpha">Kaim's <i>Law Tracts</i>, iii. <a +href="#Page_272">272</a></li> + +<li>Karn, Sir Edward, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_106">106</a></li> + +<li>Keeling, iii. <a href="#Page_7">7</a></li> + +<li>Kelly, iii. <a href="#Page_221">221</a></li> + +<li>Kennet, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_384">384</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_8">8</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_341">341</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_364">364</a>; +iii. <a href="#Page_6">6</a>, <a href="#Page_215">215</a></li> + +<li>Kent, iii. <a href="#Page_237">237</a></li> + +<li>Keppel, iii. <a href="#Page_166">166</a></li> + +<li>Kerry, iii. <a href="#Page_310">310</a>, <a +href="#Page_313">313</a>, <a href="#Page_323">323</a>, <a +href="#Page_331">331</a>, <a href="#Page_349">349</a></li> + +<li>Keyes, Lady Frances, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_273">273</a></li> + +<li>Kildare, iii. <a href="#Page_307">307</a></li> + +<li>Kildare, Earl of, iii. <a href="#Page_313">313</a>, <a +href="#Page_314">314</a>, <a href="#Page_316">316</a>, <a +href="#Page_317">317</a></li> + +<li>Kilkenny, iii. <a href="#Page_307">307</a>, <a +href="#Page_311">311</a>, <a href="#Page_312">312</a>, <a +href="#Page_313">313</a>, <a href="#Page_315">315</a></li> + +<li>King of Scotland, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_130">130</a></li> + +<li>King's Bench, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_10">10</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_3">3</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_5">5</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_6">6</a>; +iii. <a href="#Page_12">12</a></li> + +<li>Knight, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_385">385</a></li> + +<li>Knollys, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_186">186</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_188">188</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_199">199</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_246">246</a></li> + +<li>Knox, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_178">178</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_261">261</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_420">420</a>; +iii. <a href="#Page_274">274</a>, <a href="#Page_275">275</a>, <a +href="#Page_276">276</a>, <a href="#Page_292">292</a></li> + +<li class="alpha">Lacy, iii. <a href="#Page_304">304</a>, <a +href="#Page_306">306</a></li> + +<li>La Hogue, Battle of, iii. <a href="#Page_111">111</a>, <a +href="#Page_128">128</a></li> + +<li>Laing, iii. <a href="#Page_285">285</a>, <a +href="#Page_287">287</a></li> + +<li>Lambert, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_250">250</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_252">252</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_257">257</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_260">260</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_261">261</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_272">272</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_280">280</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_281">281</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_297">297</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_299">299</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_300">300</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_313">313</a></li> + +<li>Lancashire, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_12">12</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_183">183</a></li> + +<li>Lancaster, House of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_231">231</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_298">298</a>; +iii. <a href="#Page_30">30</a>, <a href="#Page_315">315</a></li> + +<li>Landen, iii. <a href="#Page_119">119</a></li> + +<li>Lanerk, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_196">196</a></li> + +<li>Langdale, Sir Marmaduke, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_78">78</a></li> + +<li>Languet, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_259">259</a></li> + +<li>Lansdowne, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_219">219</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_222">222</a></li> + +<li>Latimer, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_75">75</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_193">193</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_202">202</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_332">332</a></li> + +<li>Latin, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_84">84</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_202">202</a></li> + +<li>Laud, Bishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_366">366</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_35">35</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_40">40</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_42">42</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_51">51</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_55">55</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_58">58</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_69">69</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_75">75</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_104">104</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_151">151</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_157">157</a>; +iii. <a href="#Page_49">49</a>, <a href="#Page_281">281</a></li> + +<li>Lauderdale, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_196">196</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_341">341</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_360">360</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_388">388</a>; +iii. <a href="#Page_285">285</a>, <a href="#Page_286">286</a></li> + +<li>Launceston, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_139">139</a></li> + +<li>League, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_259">259</a></li> + +<li>Lechmere, iii. <a href="#Page_180">180</a>, <a +href="#Page_181">181</a>, <a href="#Page_182">182</a></li> + +<li>Ledwich, iii. <a href="#Page_303">303</a></li> + +<li>Lee, Captain, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a>; +iii. <a href="#Page_167">167</a></li> + +<li>Leeds, iii. <a href="#Page_33">33</a></li> + +<li>Leeds, Duke of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_383">383</a>; +iii. <a href="#Page_182">182</a></li> + +<li>Leicester, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_120">120</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_159">159</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_160">160</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_191">191</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_195">195</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_218">218</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_346">346</a> +<span class="pagenum"><a name="Page_367" +id="Page_367">367</a></span></li> + +<li>Leinster, iii. <a href="#Page_300">300</a>, <a +href="#Page_305">305</a>, <a href="#Page_306">306</a>, <a +href="#Page_307">307</a>, <a href="#Page_313">313</a>, <a +href="#Page_318">318</a>, <a href="#Page_334">334</a></li> + +<li>Leitrim, iii. <a href="#Page_333">333</a></li> + +<li>Leland, iii. <a href="#Page_313">313</a>, <a +href="#Page_318">318</a>, <a href="#Page_319">319</a>, <a +href="#Page_320">320</a>, <a href="#Page_322">322</a>, <a +href="#Page_324">324</a>, <a href="#Page_325">325</a>, <a +href="#Page_328">328</a>, <a href="#Page_329">329</a>, <a +href="#Page_331">331</a>, <a href="#Page_333">333</a>, <a +href="#Page_337">337</a>, <a href="#Page_345">345</a>, <a +href="#Page_346">346</a>, <a href="#Page_348">348</a>, <a +href="#Page_349">349</a></li> + +<li>Lennox, iii. <a href="#Page_276">276</a></li> + +<li>Leopold, Emperor, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_349">349</a></li> + +<li>Leslie, iii. <a href="#Page_157">157</a>, <a +href="#Page_193">193</a></li> + +<li>L'Estrange, Sir Roger, iii. <a href="#Page_4">4</a></li> + +<li>Lethington, Mary's secretary, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_126">126</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_129">129</a></li> + +<li><i>Letters of Robert Bailie</i>, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_94">94</a></li> + +<li>Levitical Law, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_68">68</a></li> + +<li>Lichfield, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_98">98</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_316">316</a></li> + +<li><i>Life of Pole</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_46">46</a></li> + +<li>Limerick, iii. <a href="#Page_299">299</a>, <a +href="#Page_310">310</a>, <a href="#Page_313">313</a>, <a +href="#Page_323">323</a>, <a href="#Page_349">349</a></li> + +<li>Lincoln, Bishop of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_32">32</a></li> + +<li>Lincoln, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_138">138</a></li> + +<li>Lingard, Dr., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_35">35</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_72">72</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_94">94</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_99">99</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_114">114</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_376">376</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_378">378</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_384">384</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_50">50</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_142">142</a></li> + +<li>Lionel, Duke of Clarence, iii. <a href="#Page_312">312</a></li> + +<li>Littleton, iii. <a href="#Page_249">249</a></li> + +<li>Llandaff, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a></li> + +<li>Locke, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_186">186</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_320">320</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_423">423</a>; +iii. <a href="#Page_81">81</a>, <a href="#Page_220">220</a></li> + +<li>Lockhart, iii. <a href="#Page_200">200</a>, <a +href="#Page_224">224</a></li> + +<li>Lodge's <i>Illustrations of British History</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_28">28</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_127">127</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_137">137</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_218">218</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_319">319</a></li> + +<li>Lollards, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_58">58</a></li> + +<li>London, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_23">23</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_25">25</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_28">28</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_44">44</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_68">68</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_169">169</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_172">172</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_226">226</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_322">322</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_346">346</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_11">11</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_22">22</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_23">23</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_24">24</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_78">78</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_105">105</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_130">130</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_143">143</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_183">183</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_184">184</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_189">189</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_259">259</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_272">272</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_273">273</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_289">289</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_345">345</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_408">408</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_409">409</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_411">411</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_412">412</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_413">413</a>; +iii. <a href="#Page_3">3</a>, <a href="#Page_5">5</a>, <a +href="#Page_8">8</a>, <a href="#Page_9">9</a>, <a +href="#Page_33">33</a>, <a href="#Page_67">67</a>, <a +href="#Page_76">76</a>, <a href="#Page_80">80</a>, <a +href="#Page_141">141</a>, <a href="#Page_285">285</a>, <a +href="#Page_289">289</a>, <a href="#Page_317">317</a>, <a +href="#Page_346">346</a></li> + +<li>London, Bishop of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_224">224</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_62">62</a>; +iii. <a href="#Page_57">57</a>, <a href="#Page_73">73</a></li> + +<li>Londonderry, iii. <a href="#Page_128">128</a></li> + +<li>Long, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_2">2</a>; +iii. <a href="#Page_40">40</a></li> + +<li>Longford, iii. <a href="#Page_333">333</a></li> + +<li>Lords, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_17">17</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_112">112</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_198">198</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_257">257</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_280">280</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_304">304</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_306">306</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_307">307</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_316">316</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_332">332</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_333">333</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_335">335</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_353">353</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_384">384</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_96">96</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_108">108</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_126">126</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_130">130</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_135">135</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_141">141</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_146">146</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_147">147</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_197">197</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_198">198</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_213">213</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_215">215</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_216">216</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_239">239</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_262">262</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_263">263</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_270">270</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_273">273</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_275">275</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_288">288</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_297">297</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_300">300</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_304">304</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_309">309</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_311">311</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_327">327</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_375">375</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_379">379</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_380">380</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_382">382</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_383">383</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_388">388</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_389">389</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_391">391</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_395">395</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_396">396</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_405">405</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_407">407</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_423">423</a>; +iii. <a href="#Page_10">10</a>, <a href="#Page_13">13</a>, <a +href="#Page_15">15</a>, <a href="#Page_16">16</a>, <a +href="#Page_17">17</a>, <a href="#Page_18">18</a>, <a +href="#Page_19">19</a>, <a href="#Page_20">20</a>, <a +href="#Page_21">21</a>, <a href="#Page_22">22</a>, <a +href="#Page_23">23</a>, <a href="#Page_24">24</a>, <a +href="#Page_25">25</a>, <a href="#Page_26">26</a>, <a +href="#Page_27">27</a>, <a href="#Page_28">28</a>, <a +href="#Page_29">29</a>, <a href="#Page_31">31</a>, <a +href="#Page_84">84</a>, <a href="#Page_86">86</a>, <a +href="#Page_87">87</a>, <a href="#Page_92">92</a>, <a +href="#Page_99">99</a>, <a href="#Page_117">117</a>, <a +href="#Page_128">128</a>, <a href="#Page_132">132</a>, <a +href="#Page_134">134</a>, <a href="#Page_144">144</a>, <a +href="#Page_152">152</a>, <a href="#Page_154">154</a>, <a +href="#Page_159">159</a>, <a href="#Page_168">168</a>, <a +href="#Page_177">177</a>, <a href="#Page_182">182</a>, <a +href="#Page_183">183</a>, <a href="#Page_209">209</a>, <a +href="#Page_210">210</a>, <a href="#Page_217">217</a>, <a +href="#Page_218">218</a>, <a href="#Page_220">220</a>, <a +href="#Page_237">237</a>, <a href="#Page_240">240</a>, <a +href="#Page_245">245</a>, <a href="#Page_246">246</a>, <a +href="#Page_247">247</a>, <a href="#Page_270">270</a>, <a +href="#Page_319">319</a>, <a href="#Page_346">346</a>, <a +href="#Page_356">356</a></li> + +<li>Lords' Committee, Report on, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_9">9</a></li> + +<li>Louis XIV., ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_335">335</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_336">336</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_337">337</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_342">342</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_343">343</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_349">349</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_350">350</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_361">361</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_365">365</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_367">367</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_370">370</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_385">385</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_418">418</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_424">424</a>; +iii. <a href="#Page_71">71</a>, <a href="#Page_77">77</a>, <a +href="#Page_112">112</a>, <a href="#Page_122">122</a>, <a +href="#Page_172">172</a>, <a href="#Page_185">185</a>, <a +href="#Page_192">192</a></li> + +<li>Louis XV., iii. <a href="#Page_159">159</a></li> + +<li>Loyola, Ignatius, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_158">158</a></li> + +<li>Luculli, iii. <a href="#Page_39">39</a></li> + +<li>Ludlow, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_204">204</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_206">206</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_232">232</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_236">236</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_237">237</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_242">242</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_247">247</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_335">335</a></li> + +<li>Lumley, Lord, iii. <a href="#Page_73">73</a></li> + +<li>Lundy, Colonel, iii. <a href="#Page_128">128</a></li> + +<li>Lusheburg, iii. <a href="#Page_134">134</a></li> + +<li>Luther, Martin, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_58">58</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_60">60</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_68">68</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_87">87</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_57">57</a></li> + +<li>Lutherans, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_68">68</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_99">99</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_107">107</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_367">367</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_392">392</a></li> + +<li class="alpha">Macdonalds, iii. <a href="#Page_293">293</a></li> + +<li>Machiavel government, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_135">135</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_205">205</a></li> + +<li>Mackenzie, Sir George, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_423">423</a></li> + +<li>Mackworth, Sir Humphrey, iii. <a href="#Page_164">164</a></li> + +<li>MacMurrough, iii. <a href="#Page_308">308</a></li> + +<li>Macpherson's <i>Extracts</i>, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_332">332</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_346">346</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_347">347</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a>; +iii. <a href="#Page_108">108</a>, <a href="#Page_109">109</a>, <a +href="#Page_113">113</a>, <a href="#Page_194">194</a>, <a +href="#Page_195">195</a></li> + +<li>Madox, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_177">177</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_196">196</a>; +iii. <a href="#Page_38">38</a></li> + +<li>Madrid, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_300">300</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_343">343</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_379">379</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_78">78</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_189">189</a></li> + +<li>Magdalen College, iii. <a href="#Page_68">68</a>, <a +href="#Page_75">75</a></li> + +<li>Magna Charta, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_356">356</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_358">358</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_360">360</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_17">17</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_23">23</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_406">406</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_422">422</a>; +iii. <a href="#Page_11">11</a>, <a href="#Page_24">24</a>, <a +href="#Page_87">87</a>, <a href="#Page_326">326</a></li> + +<li>Maidstone, iii. <a href="#Page_143">143</a></li> + +<li>Malvern, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_75">75</a></li> + +<li>Manchester, Earl of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_275">275</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_315">315</a></li> + +<li>Mansfield, iii. <a href="#Page_221">221</a></li> + +<li>Margaret Queen of Scots, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_269">269</a></li> + +<li>Marlborough, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_318">318</a>; +iii. <a href="#Page_116">116</a>, <a href="#Page_118">118</a>, <a +href="#Page_184">184</a>, <a href="#Page_187">187</a>, <a +href="#Page_189">189</a>, <a href="#Page_194">194</a>, <a +href="#Page_195">195</a></li> + +<li>Marlborough, Duchess of, iii. <a href="#Page_207">207</a></li> + +<li>Marshal Berwick, iii. <a href="#Page_195">195</a></li> + +<li>Marshalsea, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_114">114</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_220">220</a></li> + +<li>Marston Moor, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a></li> + +<li>Martin Mar-prelate, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_193">193</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_194">194</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_195">195</a></li> + +<li>Martyr, Peter, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_164">164</a></li> + +<li>Mary, Princess, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_363">363</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_367">367</a>; +iii. <a href="#Page_59">59</a></li> + +<li>Mary, Queen, iii. <a href="#Page_90">90</a>, <a +href="#Page_95">95</a>, <a href="#Page_104">104</a>, <a +href="#Page_173">173</a>, <a href="#Page_290">290</a>, <a +href="#Page_334">334</a></li> + +<li>Mary IV. of France, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_129">129</a></li> + +<li>Mary Queen of Scots, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_122">122</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_124">124</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_125">125</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_126">126</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_127">127</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_133">133</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_147">147</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_150">150</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_151">151</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_152">152</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_154">154</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_184">184</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_225">225</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_233">233</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_238">238</a>; +iii. <a href="#Page_273">273</a></li> + +<li>Mary Tudor, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_43">43</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_44">44</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_103">103</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_104">104</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_117">117</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_121">121</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_147">147</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_150">150</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_249">249</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_253">253</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_254">254</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_256">256</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_120">120</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_122">122</a>; +iii. <a href="#Page_27">27</a>, <a href="#Page_35">35</a>, <a +href="#Page_81">81</a> <span class="pagenum"><a name="Page_368" +id="Page_368">368</a></span></li> + +<li>Masham, Lady, iii. <a href="#Page_198">198</a></li> + +<li>Massachusetts Bay, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_51">51</a></li> + +<li>Matthews, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_82">82</a></li> + +<li>Maurice, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_154">154</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_162">162</a></li> + +<li>Maximilian, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_115">115</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_131">131</a></li> + +<li>Mayart, Sergeant, iii. <a href="#Page_355">355</a></li> + +<li>Maynard, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_95">95</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_248">248</a></li> + +<li>Mead, iii. <a href="#Page_8">8</a></li> + +<li>Meath, iii. <a href="#Page_301">301</a>, <a +href="#Page_305">305</a>, <a href="#Page_306">306</a>, <a +href="#Page_314">314</a>, <a href="#Page_333">333</a></li> + +<li>Mede's letters, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_353">353</a></li> + +<li>Medici, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_63">63</a></li> + +<li>Mediterranean, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_7">7</a>; +iii. <a href="#Page_121">121</a>, <a href="#Page_128">128</a></li> + +<li>Melancthon, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a></li> + +<li>Melville, Andrew, iii. <a href="#Page_275">275</a>, <a +href="#Page_276">276</a>, <a href="#Page_277">277</a>, <a +href="#Page_292">292</a></li> + +<li><i>Memoirs of Lord Burghley</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_43">43</a></li> + +<li>Mesnager, iii. <a href="#Page_206">206</a></li> + +<li>Middlesex, iii. <a href="#Page_235">235</a></li> + +<li>Middlesex, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_345">345</a></li> + +<li>Middleton, iii. <a href="#Page_286">286</a></li> + +<li>Milan, iii. <a href="#Page_192">192</a></li> + +<li>Millenary Petition, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_278">278</a></li> + +<li>Milton, iii. <a href="#Page_3">3</a>, <a +href="#Page_176">176</a></li> + +<li>Minorca, iii. <a href="#Page_227">227</a></li> + +<li>Molesworth, iii. <a href="#Page_81">81</a></li> + +<li>Molyneux, iii. <a href="#Page_355">355</a></li> + +<li>Mompesson, Sir Giles, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_331">331</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_332">332</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_335">335</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_337">337</a></li> + +<li>Monk, Gen., ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_254">254</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_257">257</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_258">258</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_259">259</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_260">260</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_261">261</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_263">263</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_264">264</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_266">266</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_268">268</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_269">269</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_272">272</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_276">276</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_277">277</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_279">279</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_288">288</a></li> + +<li>Monmouth, Duke of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_393">393</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_400">400</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_402">402</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_425">425</a>; +iii. <a href="#Page_32">32</a>, <a href="#Page_34">34</a>, <a +href="#Page_36">36</a>, <a href="#Page_52">52</a>, <a +href="#Page_60">60</a></li> + +<li>Montagu, iii. <a href="#Page_243">243</a></li> + +<li>Montague, Chief Justice, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_98">98</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_112">112</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_155">155</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_62">62</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_63">63</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_64">64</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_65">65</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_254">254</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_373">373</a>; +iii. <a href="#Page_120">120</a>, <a href="#Page_132">132</a></li> + +<li>Montaigne, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_205">205</a></li> + +<li>Monteagle, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_272">272</a></li> + +<li>Montesquieu, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_263">263</a>; +iii. <a href="#Page_220">220</a></li> + +<li>Montrose, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_161">161</a>; +iii. <a href="#Page_284">284</a></li> + +<li>Mordaunt, Lord, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_340">340</a></li> + +<li>More, Sir Thomas, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_18">18</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_60">60</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_66">66</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_69">69</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_185">185</a></li> + +<li>Morice, attorney of the court, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_199">199</a></li> + +<li>Mortimer, iii. <a href="#Page_133">133</a></li> + +<li>Mortimer, Roger, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_406">406</a></li> + +<li>Morton, Archbishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_18">18</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_19">19</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_71">71</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_63">63</a>; +iii. <a href="#Page_276">276</a></li> + +<li>Motteville, Madame de, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_82">82</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_115">115</a></li> + +<li>Mountnorris, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_40">40</a></li> + +<li>Munster, iii. <a href="#Page_300">300</a>, <a +href="#Page_306">306</a>, <a href="#Page_307">307</a>, <a +href="#Page_323">323</a>, <a href="#Page_331">331</a>, <a +href="#Page_334">334</a></li> + +<li>Murden's <i>State Papers</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_122">122</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_134">134</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_152">152</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_153">153</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_168">168</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_229">229</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_307">307</a></li> + +<li>Murray, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_129">129</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_171">171</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_195">195</a>; +iii. <a href="#Page_242">242</a>, <a href="#Page_248">248</a></li> + +<li>Musgrave, Sir Christopher, iii. <a href="#Page_167">167</a></li> + +<li class="alpha">Nag's Head, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_114">114</a></li> + +<li>Nalson, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_82">82</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_105">105</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_113">113</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_130">130</a></li> + +<li>Namptwich, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_258">258</a></li> + +<li>Nantes, Edict of, iii. <a href="#Page_350">350</a></li> + +<li>Naples, iii. <a href="#Page_130">130</a>, <a +href="#Page_186">186</a>, <a href="#Page_192">192</a></li> + +<li>Naseby, Battle of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_161">161</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_166">166</a></li> + +<li>Neal, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_188">188</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_191">191</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_194">194</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_201">201</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_52">52</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_103">103</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_104">104</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_150">150</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_151">151</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_182">182</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_183">183</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_184">184</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_289">289</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_312">312</a></li> + +<li>Neille, Bishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_366">366</a></li> + +<li>Netherlands, iii. <a href="#Page_77">77</a>, <a +href="#Page_185">185</a></li> + +<li>Neville, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_314">314</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_315">315</a></li> + +<li>Newark, iii. <a href="#Page_36">36</a></li> + +<li>Newcastle, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_186">186</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_196">196</a></li> + +<li>Newcastle, Earl of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_140">140</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_180">180</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_192">192</a></li> + +<li>Newgate, iii. <a href="#Page_241">241</a></li> + +<li>Newport, Treaty of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_198">198</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_200">200</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_270">270</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_271">271</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_274">274</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_286">286</a></li> + +<li>New Testament, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a></li> + +<li>Neyle, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_316">316</a></li> + +<li>Nice, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_63">63</a></li> + +<li>Nimeguen, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_361">361</a></li> + +<li>Noailles, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_47">47</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_48">48</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_103">103</a></li> + +<li>Norfolk, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_48">48</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_131">131</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_215">215</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a></li> + +<li>Norfolk, Duke of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_23">23</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_51">51</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_129">129</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_130">130</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_184">184</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_190">190</a></li> + +<li>North, Chief Justice, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_401">401</a></li> + +<li>Northampton, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_195">195</a></li> + +<li>Northampton, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_293">293</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_326">326</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_76">76</a></li> + +<li>Northey, iii. <a href="#Page_57">57</a></li> + +<li>Northumberland, Duke of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_42">42</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_43">43</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_129">129</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_130">130</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_147">147</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_376">376</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_136">136</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_138">138</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_172">172</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_198">198</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_208">208</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_214">214</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_267">267</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_346">346</a></li> + +<li>Norway, iii. <a href="#Page_300">300</a>, <a +href="#Page_302">302</a></li> + +<li>Norwich, Bishop of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_186">186</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_211">211</a></li> + +<li>Nottingham, Earl of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_388">388</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_407">407</a>; +iii. <a href="#Page_62">62</a>, <a href="#Page_72">72</a>, <a +href="#Page_84">84</a>, <a href="#Page_98">98</a>, <a +href="#Page_107">107</a>, <a href="#Page_173">173</a>, <a +href="#Page_184">184</a>, <a href="#Page_218">218</a></li> + +<li>Nottinghamshire, iii. <a href="#Page_182">182</a></li> + +<li>Nowell, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a> +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_256">256</a></li> + +<li>Noy, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_355">355</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_10">10</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_14">14</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_18">18</a></li> + +<li class="alpha">O'Brien, iii. <a href="#Page_308">308</a>, <a +href="#Page_313">313</a></li> + +<li>O'Connor, iii. <a href="#Page_308">308</a>, <a +href="#Page_315">315</a></li> + +<li>Œcolampadius, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a></li> + +<li>Ogilvy, iii. <a href="#Page_284">284</a></li> + +<li>O'Malachlin, iii. <a href="#Page_308">308</a></li> + +<li>O'Neal, iii. <a href="#Page_308">308</a>, <a +href="#Page_315">315</a></li> + +<li>O'Neil, Slanes, iii. <a href="#Page_318">318</a>, <a +href="#Page_324">324</a>, <a href="#Page_325">325</a>, <a +href="#Page_330">330</a></li> + +<li>Onslow, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_260">260</a></li> + +<li>O'Quigley, iii. <a href="#Page_143">143</a></li> + +<li>Orford, Lord, iii. <a href="#Page_165">165</a>, <a +href="#Page_184">184</a>, <a href="#Page_193">193</a>, <a +href="#Page_196">196</a>, <a href="#Page_198">198</a>, <a +href="#Page_202">202</a>, <a href="#Page_205">205</a>, <a +href="#Page_207">207</a></li> + +<li>Orkney, Countess of, iii. <a href="#Page_126">126</a> <span +class="pagenum"><a name="Page_369" id="Page_369">369</a></span></li> + +<li>Orleans, Duchess of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_343">343</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_348">348</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_350">350</a>; +iii. <a href="#Page_160">160</a></li> + +<li>Ormond, Marquis of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_175">175</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_253">253</a>; +iii. <a href="#Page_196">196</a>, <a href="#Page_313">313</a>, <a +href="#Page_323">323</a>, <a href="#Page_348">348</a>, <a +href="#Page_351">351</a></li> + +<li>Orrery, Duke of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a></li> + +<li>Oudenarde, iii. <a href="#Page_186">186</a></li> + +<li>Owen, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a></li> + +<li>Oxford, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_174">174</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_385">385</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_141">141</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_144">144</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_145">145</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_154">154</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_155">155</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_175">175</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_319">319</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_375">375</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_383">383</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_398">398</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_409">409</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_423">423</a>; +iii. <a href="#Page_19">19</a>, <a href="#Page_69">69</a>, <a +href="#Page_154">154</a>, <a href="#Page_220">220</a></li> + +<li>Oxford, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_19">19</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_342">342</a>; +iii. <a href="#Page_206">206</a></li> + +<li class="alpha">Pagets, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_148">148</a></li> + +<li>Palatinate, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_337">337</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_338">338</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_339">339</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_379">379</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_12">12</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_65">65</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_325">325</a>; +iii. <a href="#Page_160">160</a></li> + +<li>Pangani, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_53">53</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_54">54</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_65">65</a></li> + +<li>Papists, iii. <a href="#Page_350">350</a></li> + +<li><i>Paradise Lost</i>, iii. <a href="#Page_4">4</a></li> + +<li>Paris, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_134">134</a></li> + +<li>Parker, Archbishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_113">113</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_122">122</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_134">134</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_135">135</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_164">164</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_170">170</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_172">172</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_189">189</a></li> + +<li>Parker, Bishop of Oxford, iii. <a href="#Page_68">68</a></li> + +<li>Parkhurst, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_186">186</a></li> + +<li>Parliament, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_177">177</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_246">246</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_302">302</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_330">330</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_344">344</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_386">386</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_200">200</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_250">250</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_284">284</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_373">373</a>; +iii. <a href="#Page_45">45</a>, <a href="#Page_248">248</a></li> + +<li><i>Parliamentary History</i>, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_182">182</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_183">183</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_192">192</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_213">213</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_248">248</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_294">294</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_335">335</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_340">340</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_342">342</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_359">359</a>; +iii. <a href="#Page_10">10</a>, <a href="#Page_13">13</a>, <a +href="#Page_16">16</a>, <a href="#Page_21">21</a>, <a +href="#Page_25">25</a>, <a href="#Page_46">46</a>, <a +href="#Page_83">83</a>, <a href="#Page_85">85</a>, <a +href="#Page_91">91</a>, <a href="#Page_92">92</a>, <a +href="#Page_101">101</a>, <a href="#Page_102">102</a>, <a +href="#Page_108">108</a>, <a href="#Page_116">116</a>, <a +href="#Page_126">126</a>, <a href="#Page_128">128</a>, <a +href="#Page_129">129</a>, <a href="#Page_131">131</a>, <a +href="#Page_144">144</a>, <a href="#Page_145">145</a>, <a +href="#Page_153">153</a>, <a href="#Page_154">154</a>, <a +href="#Page_167">167</a>, <a href="#Page_168">168</a>, <a +href="#Page_179">179</a>, <a href="#Page_184">184</a>, <a +href="#Page_185">185</a>, <a href="#Page_205">205</a>, <a +href="#Page_206">206</a>, <a href="#Page_208">208</a>, <a +href="#Page_210">210</a>, <a href="#Page_218">218</a>, <a +href="#Page_223">223</a>, <a href="#Page_228">228</a>, <a +href="#Page_234">234</a></li> + +<li>Parma, Duke of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_267">267</a></li> + +<li>Parry, Dr., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_255">255</a></li> + +<li>Parsons, Sir William, iii. <a href="#Page_341">341</a></li> + +<li>Paul IV., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a></li> + +<li>Pavia, Battle of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_20">20</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_24">24</a></li> + +<li>Pearce, Bishop of Rochester, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_73">73</a></li> + +<li>Peers, House of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_213">213</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_215">215</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_304">304</a>; +iii. <a href="#Page_3">3</a>, <a href="#Page_14">14</a>, <a +href="#Page_20">20</a>, <a href="#Page_23">23</a>, <a +href="#Page_27">27</a>, <a href="#Page_206">206</a></li> + +<li>Pelagians, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a></li> + +<li>Pelham, iii. <a href="#Page_257">257</a>, <a +href="#Page_258">258</a>, <a href="#Page_261">261</a></li> + +<li>Pemberton, iii. <a href="#Page_147">147</a>, <a +href="#Page_150">150</a>, <a href="#Page_246">246</a></li> + +<li>Pembroke, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_215">215</a></li> + +<li>Penn, iii. <a href="#Page_8">8</a></li> + +<li>Pennington, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_146">146</a></li> + +<li>Penry, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a></li> + +<li>Percy, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_35">35</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_116">116</a></li> + +<li>Perrott, Sir John, iii. <a href="#Page_324">324</a></li> + +<li>Peterborough, See of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_210">210</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_382">382</a></li> + +<li>Petition of Right, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_360">360</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_361">361</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_362">362</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_363">363</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_364">364</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_2">2</a>; +iii. <a href="#Page_336">336</a></li> + +<li>Petre, Father, iii. <a href="#Page_58">58</a>, <a +href="#Page_69">69</a>, <a href="#Page_78">78</a></li> + +<li>Philip of Anjou, iii. <a href="#Page_186">186</a>, <a +href="#Page_187">187</a>, <a href="#Page_188">188</a>, <a +href="#Page_191">191</a></li> + +<li>Philip II., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_48">48</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_138">138</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_155">155</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_264">264</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_121">121</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_342">342</a></li> + +<li>Philips, Sir Robert, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_342">342</a></li> + +<li>Phocion, iii. <a href="#Page_32">32</a></li> + +<li>Picardy, iii. <a href="#Page_191">191</a></li> + +<li>Pickering, Mr., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_241">241</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_242">242</a></li> + +<li>Pierrepont, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_245">245</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_258">258</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_266">266</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_267">267</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_346">346</a></li> + +<li>Pilkington, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a></li> + +<li>Pitt, Mr., iii. <a href="#Page_257">257</a>, <a +href="#Page_259">259</a></li> + +<li>Pius IV., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_111">111</a></li> + +<li>Pius V., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_129">129</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_131">131</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_141">141</a></li> + +<li>Plantagenet, House of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_9">9</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_10">10</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_264">264</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_91">91</a>; +iii. <a href="#Page_30">30</a>, <a href="#Page_160">160</a>, <a +href="#Page_314">314</a></li> + +<li>Plowden's <i>Commentaries</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_55">55</a></li> + +<li>Plummer's Hall, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a></li> + +<li>Plunket, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_410">410</a></li> + +<li>Pole, Reginald, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_32">32</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_111">111</a></li> + +<li>Pollexfen, iii. <a href="#Page_143">143</a></li> + +<li>Pomfret, iii. <a href="#Page_35">35</a></li> + +<li>Porter, iii. <a href="#Page_116">116</a></li> + +<li>Portland, Earl of, iii. <a href="#Page_126">126</a>, <a +href="#Page_131">131</a>, <a href="#Page_165">165</a></li> + +<li>Portsmouth, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_120">120</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_348">348</a></li> + +<li>Portsmouth, Duchess of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_395">395</a></li> + +<li>Powell, iii. <a href="#Page_247">247</a></li> + +<li>Powis, iii. <a href="#Page_247">247</a></li> + +<li>Powletts, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a></li> + +<li>Poyning's Law, iii. <a href="#Page_315">315</a>, <a +href="#Page_316">316</a>, <a href="#Page_325">325</a>, <a +href="#Page_336">336</a>, <a href="#Page_354">354</a></li> + +<li>Preston, Lord, iii. <a href="#Page_143">143</a></li> + +<li>Pretender, The, iii. <a href="#Page_223">223</a>, <a +href="#Page_244">244</a></li> + +<li>Prince of Orange, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_348">348</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_361">361</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_363">363</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_371">371</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_372">372</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_394">394</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_397">397</a>; +iii. <a href="#Page_61">61</a>, <a href="#Page_62">62</a>, <a +href="#Page_63">63</a>, <a href="#Page_72">72</a>, <a +href="#Page_73">73</a>, <a href="#Page_75">75</a>, <a +href="#Page_77">77</a>, <a href="#Page_78">78</a>, <a +href="#Page_83">83</a>, <a href="#Page_87">87</a>, <a +href="#Page_88">88</a>, <a href="#Page_90">90</a>, <a +href="#Page_91">91</a>, <a href="#Page_183">183</a>, <a +href="#Page_289">289</a></li> + +<li>Princess Anne, iii. <a href="#Page_74">74</a></li> + +<li>Princess of Orange, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_394">394</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_398">398</a>; +iii. <a href="#Page_62">62</a>, <a href="#Page_85">85</a>, <a +href="#Page_87">87</a>, <a href="#Page_88">88</a>, <a +href="#Page_91">91</a></li> + +<li>Protestants, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_85">85</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a></li> + +<li>Prynne, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_33">33</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_43">43</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_44">44</a></li> + +<li>Pulteney, Mr., iii. <a href="#Page_228">228</a></li> + +<li>Puritans, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_180">180</a></li> + +<li>Pym, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_116">116</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_133">133</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_137">137</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_141">141</a>; +iii. <a href="#Page_1">1</a>, <a href="#Page_28">28</a></li> + +<li>Pyrenees, iii. <a href="#Page_77">77</a>, <a +href="#Page_185">185</a></li> + +<li class="alpha">Queen's County, iii. <a href="#Page_307">307</a>, <a +href="#Page_318">318</a>, <a href="#Page_333">333</a></li> + +<li class="alpha">Raleigh, Sir Walter, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_244">244</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_258">258</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_263">263</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_309">309</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_310">310</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_328">328</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_329">329</a>; +iii. <a href="#Page_331">331</a></li> + +<li>Ralph, iii. <a href="#Page_7">7</a>, <a href="#Page_67">67</a>, <a +href="#Page_69">69</a>, <a href="#Page_73">73</a>, <a +href="#Page_98">98</a>, <a href="#Page_108">108</a>, <a +href="#Page_113">113</a>, <a href="#Page_155">155</a></li> + +<li>Reading, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_32">32</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_69">69</a></li> + +<li>Reed, Richard, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_28">28</a></li> + +<li>Reformation, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_57">57</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_68">68</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_72">72</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_77">77</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_82">82</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_105">105</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_107">107</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_192">192</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_197">197</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_384">384</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_57">57</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_58">58</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_91">91</a>, +<a href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_103">103</a></li> + +<li>Restoration, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_51">51</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_347">347</a> +<span class="pagenum"><a name="Page_370" +id="Page_370">370</a></span></li> + +<li>Revolution, iii. <a href="#Page_74">74</a>, <a +href="#Page_90">90</a></li> + +<li>Richard I., iii. <a href="#Page_41">41</a></li> + +<li>Richard II., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_15">15</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_44">44</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_48">48</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_65">65</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_231">231</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_235">235</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_293">293</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_320">320</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_332">332</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_17">17</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_246">246</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_247">247</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_248">248</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_249">249</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_250">250</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_253">253</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_406">406</a>; +iii. <a href="#Page_25">25</a>, <a href="#Page_313">313</a></li> + +<li>Richard III., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_8">8</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_16">16</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_17">17</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_18">18</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_25">25</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_228">228</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_314">314</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_317">317</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_298">298</a></li> + +<li>Richardson, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_361">361</a></li> + +<li>Richardson, Mr. Sergeant, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_26">26</a></li> + +<li>Riches, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a></li> + +<li>Richlieu, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_382">382</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_13">13</a>; +iii. <a href="#Page_340">340</a></li> + +<li>Richmond, Duke of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_129">129</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_161">161</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_331">331</a></li> + +<li>Ridley, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_95">95</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_96">96</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_162">162</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a></li> + +<li>Robert I., iii. <a href="#Page_267">267</a></li> + +<li>Robertson, iii. <a href="#Page_273">273</a></li> + +<li>Rochelle, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_386">386</a></li> + +<li>Rochester, Bishop of, iii. <a href="#Page_221">221</a></li> + +<li>Rochester, Earl of, iii. <a href="#Page_54">54</a>, <a +href="#Page_58">58</a>, <a href="#Page_59">59</a>, <a +href="#Page_64">64</a>, <a href="#Page_184">184</a></li> + +<li>Rochester, See of, iii. <a href="#Page_215">215</a></li> + +<li>Rochford, Lady, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_36">36</a></li> + +<li>Romanists, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_115">115</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_134">134</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_180">180</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_359">359</a>; +ii. <a href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_392">392</a>; iii. <a href="#Page_272">272</a>, <a +href="#Page_275">275</a>, <a href="#Page_349">349</a>, <a +href="#Page_352">352</a>, <a href="#Page_353">353</a></li> + +<li>Roman See, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_58">58</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_65">65</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_79">79</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_105">105</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_178">178</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_320">320</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_380">380</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_350">350</a>; +iii. <a href="#Page_46">46</a>, <a href="#Page_64">64</a>, <a +href="#Page_66">66</a>, <a href="#Page_86">86</a></li> + +<li>Roman Senate, iii. <a href="#Page_291">291</a></li> + +<li>Rome, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_62">62</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_63">63</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_64">64</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_65">65</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_66">66</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_67">67</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_68">68</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_77">77</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_86">86</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_87">87</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_108">108</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_111">111</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_138">138</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_139">139</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_142">142</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_155">155</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_159">159</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_177">177</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_185">185</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_374">374</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_377">377</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_385">385</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_51">51</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_53">53</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_55">55</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_59">59</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_60">60</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_62">62</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_63">63</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_64">64</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_65">65</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_78">78</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_107">107</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_257">257</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_363">363</a>; +iii. <a href="#Page_4">4</a>, <a href="#Page_39">39</a>, <a +href="#Page_49">49</a>, <a href="#Page_51">51</a>, <a +href="#Page_58">58</a>, <a href="#Page_61">61</a>, <a +href="#Page_68">68</a>, <a href="#Page_69">69</a>, <a +href="#Page_73">73</a>, <a href="#Page_92">92</a>, <a +href="#Page_156">156</a>, <a href="#Page_158">158</a>, <a +href="#Page_277">277</a>, <a href="#Page_303">303</a>, <a +href="#Page_309">309</a>, <a href="#Page_324">324</a>, <a +href="#Page_344">344</a></li> + +<li>Romish Church, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_82">82</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_87">87</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_116">116</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_135">135</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_167">167</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_174">174</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_366">366</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_374">374</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_315">315</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_317">317</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_332">332</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_347">347</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_358">358</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_384">384</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_387">387</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_420">420</a>; +iii. <a href="#Page_47">47</a>, <a href="#Page_50">50</a>, <a +href="#Page_55">55</a>, <a href="#Page_62">62</a>, <a +href="#Page_281">281</a>, <a href="#Page_327">327</a>, <a +href="#Page_337">337</a>, <a href="#Page_350">350</a></li> + +<li>Roper's <i>Life of More</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_22">22</a></li> + +<li>Ross, Earls of, iii. <a href="#Page_272">272</a>, <a +href="#Page_283">283</a></li> + +<li>Rouvigny, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_343">343</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_365">365</a></li> + +<li>Rubens, Peter Paul, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_12">12</a></li> + +<li>Rudyard, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_138">138</a></li> + +<li>Rump, The, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_205">205</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_252">252</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_260">260</a></li> + +<li>Runnymede, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_219">219</a>; +iii. <a href="#Page_306">306</a></li> + +<li>Rupert, Prince, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_146">146</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_153">153</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_154">154</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_162">162</a></li> + +<li>Rushworth, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_353">353</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_354">354</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_355">355</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_359">359</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_364">364</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_381">381</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_382">382</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_384">384</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_6">6</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_14">14</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_15">15</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_24">24</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_33">33</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_39">39</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_50">50</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_59">59</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_82">82</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_95">95</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_105">105</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_155">155</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_158">158</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_160">160</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_182">182</a></li> + +<li>Russell, Lord, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_368">368</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_369">369</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_396">396</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_400">400</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_413">413</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_414">414</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_415">415</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_419">419</a>; +iii. <a href="#Page_73">73</a>, <a href="#Page_110">110</a>, <a +href="#Page_117">117</a>, <a href="#Page_121">121</a>, <a +href="#Page_128">128</a>, <a href="#Page_142">142</a>, <a +href="#Page_143">143</a></li> + +<li>Russells, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a></li> + +<li>Russia, iii. <a href="#Page_221">221</a></li> + +<li>Rutland, iii. <a href="#Page_34">34</a></li> + +<li>Rymer, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_158">158</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_222">222</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_228">228</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_313">313</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_329">329</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_342">342</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_2">2</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_10">10</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_22">22</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_23">23</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_25">25</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_39">39</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_121">121</a></li> + +<li>Ryswick, iii. <a href="#Page_97">97</a>, <a +href="#Page_114">114</a>, <a href="#Page_118">118</a>, <a +href="#Page_122">122</a>, <a href="#Page_123">123</a>, <a +href="#Page_158">158</a>, <a href="#Page_193">193</a>, <a +href="#Page_227">227</a></li> + +<li class="alpha">Sacheverell, iii. <a href="#Page_141">141</a>, <a +href="#Page_180">180</a>, <a href="#Page_183">183</a>, <a +href="#Page_185">185</a>, <a href="#Page_194">194</a></li> + +<li>St. Albans, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_76">76</a></li> + +<li>St. Germain, iii. <a href="#Page_111">111</a>, <a +href="#Page_113">113</a>, <a href="#Page_118">118</a>, <a +href="#Page_122">122</a>, <a href="#Page_158">158</a>, <a +href="#Page_194">194</a>, <a href="#Page_195">195</a>, <a +href="#Page_196">196</a></li> + +<li>St. John, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_116">116</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_137">137</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_245">245</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_258">258</a>; +iii. <a href="#Page_184">184</a></li> + +<li>Salisbury, Countess of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_32">32</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_36">36</a></li> + +<li>Salisbury, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_292">292</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_293">293</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_303">303</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_306">306</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_308">308</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_310">310</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_9">9</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_382">382</a></li> + +<li>Salop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_305">305</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a></li> + +<li>Sampson, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a></li> + +<li>Sancroft, Archbishop, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_421">421</a>; +iii. <a href="#Page_69">69</a>, <a href="#Page_153">153</a></li> + +<li>Sandys, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_164">164</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_183">183</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_186">186</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_337">337</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_339">339</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_345">345</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a></li> + +<li>Saville, Sir John, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_181">181</a></li> + +<li>Savoy, iii. <a href="#Page_189">189</a></li> + +<li>Savoy, Duchess of, iii. <a href="#Page_160">160</a></li> + +<li>Sawyer, Sir Robert, iii. <a href="#Page_99">99</a></li> + +<li>Saxon, iii. <a href="#Page_266">266</a></li> + +<li>Say, Lord, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_109">109</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_198">198</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_267">267</a></li> + +<li>Scandinavian, iii. <a href="#Page_299">299</a></li> + +<li>Scarborough, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_45">45</a></li> + +<li>Scobell, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_182">182</a></li> + +<li>Scotland, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_20">20</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_38">38</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_126">126</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_287">287</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_76">76</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_78">78</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_79">79</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_85">85</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_120">120</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_121">121</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_126">126</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_127">127</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_148">148</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_277">277</a>; +iii. <a href="#Page_12">12</a>, <a href="#Page_36">36</a>, <a +href="#Page_162">162</a>, <a href="#Page_198">198</a>, <a +href="#Page_204">204</a>, <a href="#Page_222">222</a>, <a +href="#Page_225">225</a>, <a href="#Page_228">228</a>, <a +href="#Page_266">266</a>, <a href="#Page_269">269</a>, <a +href="#Page_270">270</a>, <a href="#Page_271">271</a>, <a +href="#Page_272">272</a>, <a href="#Page_273">273</a>, <a +href="#Page_276">276</a>, <a href="#Page_280">280</a>, <a +href="#Page_281">281</a>, <a href="#Page_285">285</a>, <a +href="#Page_286">286</a>, <a href="#Page_288">288</a>, <a +href="#Page_290">290</a>, <a href="#Page_291">291</a>, <a +href="#Page_292">292</a>, <a href="#Page_294">294</a>, <a +href="#Page_295">295</a>, <a href="#Page_296">296</a>, <a +href="#Page_304">304</a>, <a href="#Page_318">318</a>, <a +href="#Page_332">332</a>, <a href="#Page_339">339</a>, <a +href="#Page_341">341</a></li> + +<li>Scots, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_168">168</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_178">178</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_180">180</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_185">185</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_196">196</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_197">197</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_203">203</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_290">290</a>; +iii. <a href="#Page_289">289</a>, <a href="#Page_295">295</a>, <a +href="#Page_297">297</a>, <a href="#Page_332">332</a></li> + +<li>Scott, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_225">225</a></li> + +<li>Scottish Highlanders, iii. <a href="#Page_299">299</a>, <a +href="#Page_322">322</a></li> + +<li>Scriptures, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_82">82</a></li> + +<li>Scroggs, Chief Justice, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_381">381</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_388">388</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_406">406</a>; +iii. <a href="#Page_4">4</a>, <a href="#Page_5">5</a>, <a +href="#Page_143">143</a></li> + +<li>Seldon, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_355">355</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_2">2</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_138">138</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_181">181</a>; +iii. <a href="#Page_1">1</a>, <a href="#Page_249">249</a></li> + +<li>Servitus, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_94">94</a></li> + +<li>Sextus V., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_129">129</a></li> + +<li>Seymour, Jane, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_37">37</a></li> + +<li>Seymour, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_40">40</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_41">41</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_42">42</a>; +ii. 78</li> + +<li>Shaftesbury, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_354">354</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_356">356</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_392">392</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_393">393</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_400">400</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_402">402</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_407">407</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_408">408</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_414">414</a></li> + +<li>Sharp, iii. <a href="#Page_287">287</a>, <a +href="#Page_288">288</a></li> + +<li>Sheffield, Sir Robert, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a> +<span class="pagenum"><a name="Page_371" +id="Page_371">371</a></span></li> + +<li>Sheldon, Archbishop, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_319">319</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_320">320</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_354">354</a></li> + +<li>Shelley, Sir Richard, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_135">135</a></li> + +<li>Sherlock, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_420">420</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_421">421</a></li> + +<li>Shirley, Sir T., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_281">281</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_282">282</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_286">286</a>; +iii. <a href="#Page_22">22</a>, <a href="#Page_23">23</a>, <a +href="#Page_24">24</a></li> + +<li>Shrewsburies, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a></li> + +<li>Shrewsbury, Earl of, iii. <a href="#Page_73">73</a>, <a +href="#Page_110">110</a>, <a href="#Page_111">111</a>, <a +href="#Page_131">131</a>, <a href="#Page_156">156</a>, <a +href="#Page_182">182</a></li> + +<li>Sicily, iii. <a href="#Page_130">130</a>, <a +href="#Page_186">186</a></li> + +<li>Sidney, iii. <a href="#Page_142">142</a>, <a +href="#Page_143">143</a></li> + +<li>Sidney, Algernon, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_335">335</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_370">370</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_371">371</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_396">396</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_413">413</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_416">416</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_417">417</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_418">418</a></li> + +<li>Sidney, Sir Henry, iii. <a href="#Page_323">323</a>, <a +href="#Page_325">325</a>, <a href="#Page_326">326</a></li> + +<li>Sidney, Sir Philip, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_202">202</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a></li> + +<li><i>Sidney Papers</i>, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_14">14</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_79">79</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_140">140</a>; +iii. <a href="#Page_326">326</a></li> + +<li>Simnel, Lambert, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a></li> + +<li>Simon de Bereford, Sir, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_406">406</a></li> + +<li>Skinner, iii. <a href="#Page_19">19</a>, <a +href="#Page_20">20</a>, <a href="#Page_21">21</a>, <a +href="#Page_22">22</a>, <a href="#Page_24">24</a></li> + +<li>Slingsby, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_232">232</a></li> + +<li>Smith, Sir Thomas, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_53">53</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_55">55</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_130">130</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_263">263</a>; +iii. <a href="#Page_6">6</a>, <a href="#Page_330">330</a></li> + +<li>Somerset, Duke of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_36">36</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_41">41</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_42">42</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_273">273</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_327">327</a></li> + +<li>Somerset House, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_53">53</a>; +iii. <a href="#Page_7">7</a></li> + +<li><i>Somers Tracts</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_144">144</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_146">146</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_149">149</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_153">153</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_192">192</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_305">305</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_327">327</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_329">329</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_330">330</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_367">367</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_75">75</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_140">140</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_149">149</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_175">175</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_205">205</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_290">290</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_321">321</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_383">383</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_412">412</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_423">423</a>; +iii. <a href="#Page_95">95</a>, <a href="#Page_100">100</a>, <a +href="#Page_107">107</a>, <a href="#Page_113">113</a>, <a +href="#Page_114">114</a>, <a href="#Page_131">131</a>, <a +href="#Page_148">148</a>, <a href="#Page_165">165</a>, <a +href="#Page_179">179</a>, <a href="#Page_184">184</a>, <a +href="#Page_186">186</a>, <a href="#Page_238">238</a></li> + +<li>Somerville, iii. <a href="#Page_106">106</a>, <a +href="#Page_201">201</a></li> + +<li>Sophia, Princess, iii. <a href="#Page_159">159</a>, <a +href="#Page_160">160</a>, <a href="#Page_161">161</a>, <a +href="#Page_179">179</a>, <a href="#Page_184">184</a>, <a +href="#Page_295">295</a></li> + +<li>Southampton, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_342">342</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_9">9</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_161">161</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_281">281</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_303">303</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_319">319</a></li> + +<li>Southey's <i>Book of the Church</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a></li> + +<li>Spain, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_102">102</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_103">103</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_137">137</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_226">226</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_267">267</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_291">291</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_308">308</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_309">309</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_310">310</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_329">329</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_330">330</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_343">343</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_374">374</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_381">381</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_382">382</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_11">11</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_60">60</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_74">74</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_77">77</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_79">79</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_312">312</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_338">338</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_348">348</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_361">361</a>; +iii. <a href="#Page_77">77</a>, <a href="#Page_121">121</a>, <a +href="#Page_123">123</a>, <a href="#Page_130">130</a>, <a +href="#Page_185">185</a>, <a href="#Page_187">187</a>, <a +href="#Page_188">188</a>, <a href="#Page_189">189</a>, <a +href="#Page_191">191</a>, <a href="#Page_192">192</a>, <a +href="#Page_198">198</a>, <a href="#Page_206">206</a>, <a +href="#Page_221">221</a>, <a href="#Page_299">299</a>, <a +href="#Page_324">324</a>, <a href="#Page_326">326</a>, <a +href="#Page_328">328</a>, <a href="#Page_340">340</a>, <a +href="#Page_351">351</a></li> + +<li>Spanish Netherlands, iii. <a href="#Page_121">121</a>, <a +href="#Page_130">130</a></li> + +<li><i>Specimens of Errors in Burnet</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_69">69</a></li> + +<li>Speed's <i>Catalogue of Religious Houses</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_76">76</a></li> + +<li>Spelman, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_54">54</a></li> + +<li>Spenser, Edmund, iii. <a href="#Page_331">331</a></li> + +<li>Stafford, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_45">45</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_98">98</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_381">381</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_410">410</a></li> + +<li>Standish, Dr., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_59">59</a></li> + +<li>Stanhope, iii. <a href="#Page_180">180</a>, <a +href="#Page_181">181</a>, <a href="#Page_189">189</a></li> + +<li>Stanley, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_56">56</a></li> + +<li>Star Chamber, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_52">52</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_55">55</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_30">30</a></li> + +<li>States General of France, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_25">25</a></li> + +<li>State Trials, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_194">194</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_301">301</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_305">305</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_318">318</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_319">319</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_324">324</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_330">330</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_358">358</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_359">359</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_387">387</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_5">5</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_7">7</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_15">15</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_16">16</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_229">229</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_335">335</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_345">345</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_374">374</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_387">387</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_388">388</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_407">407</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_410">410</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_415">415</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_416">416</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_418">418</a>; +iii. <a href="#Page_4">4</a>, <a href="#Page_5">5</a>, <a +href="#Page_8">8</a>, <a href="#Page_10">10</a>, <a +href="#Page_21">21</a>, <a href="#Page_57">57</a>, <a +href="#Page_70">70</a>, <a href="#Page_74">74</a>, <a +href="#Page_141">141</a>, <a href="#Page_143">143</a>, <a +href="#Page_144">144</a>, <a href="#Page_146">146</a>, <a +href="#Page_149">149</a>, <a href="#Page_181">181</a>, <a +href="#Page_182">182</a>, <a href="#Page_221">221</a>, <a +href="#Page_246">246</a></li> + +<li>Statute of Fines, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_16">16</a></li> + +<li>Steele, Sir Richard, iii. <a href="#Page_235">235</a></li> + +<li>Steenkirk, iii. <a href="#Page_119">119</a></li> + +<li>Stillingfleet's <i>Irenicum</i>, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_292">292</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_310">310</a></li> + +<li>Stoke, Battle of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a></li> + +<li>Stone, John, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_253">253</a></li> + +<li>Stoughton, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_36">36</a></li> + +<li>Strafford's <i>Letters</i>, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_9">9</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_10">10</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_25">25</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_34">34</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_36">36</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_39">39</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_41">41</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_43">43</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_45">45</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_48">48</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_53">53</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_76">76</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_78">78</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_94">94</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_95">95</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_96">96</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_99">99</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_124">124</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_151">151</a>; +iii. <a href="#Page_63">63</a>, <a href="#Page_76">76</a>, <a +href="#Page_336">336</a>, <a href="#Page_337">337</a>, <a +href="#Page_339">339</a>, <a href="#Page_340">340</a>, <a +href="#Page_341">341</a></li> + +<li>Strickland, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_135">135</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_180">180</a></li> + +<li>Strode, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_2">2</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_4">4</a></li> + +<li>Strongbow, iii. <a href="#Page_304">304</a>, <a +href="#Page_305">305</a></li> + +<li>Strype, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_41">41</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_47">47</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_51">51</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_64">64</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_66">66</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_68">68</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_71">71</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_77">77</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_82">82</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_83">83</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_84">84</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_85">85</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_90">90</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_94">94</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_96">96</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_97">97</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_101">101</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_103">103</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_104">104</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_107">107</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_108">108</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_111">111</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_113">113</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_114">114</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_115">115</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_116">116</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_117">117</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_120">120</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_124">124</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_125">125</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_130">130</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_131">131</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_133">133</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_135">135</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_137">137</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_139">139</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_140">140</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_141">141</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_142">142</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_144">144</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_147">147</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_154">154</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_155">155</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_164">164</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_169">169</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_170">170</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_172">172</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_174">174</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_175">175</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_176">176</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_182">182</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_183">183</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_184">184</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_186">186</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_187">187</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_188">188</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_189">189</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_190">190</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_191">191</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_197">197</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_198">198</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_199">199</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_200">200</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_201">201</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_209">209</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_210">210</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_218">218</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_222">222</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_223">223</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_224">224</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_225">225</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_226">226</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_227">227</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_228">228</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_229">229</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_230">230</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_233">233</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_247">247</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_260">260</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_301">301</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_369">369</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a></li> + +<li>Stuart, Arabella, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_267">267</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_325">325</a></li> + +<li>Stuarts, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_354">354</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_365">365</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_218">218</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_228">228</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_235">235</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_241">241</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_269">269</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_272">272</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_323">323</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_409">409</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_418">418</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_420">420</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_424">424</a>; +iii. <a href="#Page_5">5</a>, <a href="#Page_30">30</a>, <a +href="#Page_75">75</a>, <a href="#Page_76">76</a>, <a +href="#Page_77">77</a>, <a href="#Page_81">81</a>, <a +href="#Page_90">90</a>, <a href="#Page_94">94</a>, <a +href="#Page_103">103</a>, <a href="#Page_119">119</a>, <a +href="#Page_148">148</a>, <a href="#Page_157">157</a>, <a +href="#Page_161">161</a>, <a href="#Page_167">167</a>, <a +href="#Page_171">171</a>, <a href="#Page_175">175</a>, <a +href="#Page_191">191</a>, <a href="#Page_193">193</a>, <a +href="#Page_198">198</a>, <a href="#Page_204">204</a>, <a +href="#Page_223">223</a>, <a href="#Page_224">224</a>, <a +href="#Page_225">225</a>, <a href="#Page_255">255</a>, <a +href="#Page_286">286</a>, <a href="#Page_287">287</a>, <a +href="#Page_290">290</a>, <a href="#Page_291">291</a>, <a +href="#Page_293">293</a>, <a href="#Page_352">352</a></li> + +<li>Suffolk, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_25">25</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_122">122</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_124">124</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_127">127</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_130">130</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a></li> + +<li>Suffolk, Duchess of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_269">269</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_271">271</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_273">273</a></li> + +<li>Suffolk, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_118">118</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_274">274</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_324">324</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_332">332</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_31">31</a></li> + +<li>Sunderland, iii. <a href="#Page_33">33</a>, <a +href="#Page_63">63</a>, <a href="#Page_184">184</a></li> + +<li>Sunderland, Lord, iii. <a href="#Page_209">209</a>, <a +href="#Page_211">211</a></li> + +<li>Supremacy, Act of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_162">162</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_189">189</a></li> + +<li>Surrey, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_34">34</a></li> + +<li>Sussex, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_48">48</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_114">114</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>; +iii. <a href="#Page_320">320</a></li> + +<li>Sweden, iii. <a href="#Page_221">221</a></li> + +<li>Sweden, King of, iii. <a href="#Page_212">212</a></li> + +<li>Swift, Dean, iii. <a href="#Page_261">261</a> <span +class="pagenum"><a name="Page_372" id="Page_372">372</a></span></li> + +<li>Swiss reformers, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_171">171</a></li> + +<li>Switzerland, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_85">85</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_100">100</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_163">163</a>; +iii. <a href="#Page_189">189</a></li> + +<li class="alpha">Talbot, Lord Chancellor, iii. <a +href="#Page_253">253</a></li> + +<li>Taltarum, Case of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_16">16</a></li> + +<li>Tangier, iii. <a href="#Page_12">12</a></li> + +<li>Tanner's <i>Notitia Monastica</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_75">75</a></li> + +<li>Taylor, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_186">186</a></li> + +<li>Temple, Sir John, iii. <a href="#Page_342">342</a></li> + +<li>Temple, Sir William, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_399">399</a>; +iii. <a href="#Page_164">164</a></li> + +<li>Tenison, Archbishop, iii. <a href="#Page_297">297</a></li> + +<li>Test Act, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_160">160</a></li> + +<li>Thin, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_232">232</a></li> + +<li>Thornton, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_126">126</a></li> + +<li>Thoulouse, iii. <a href="#Page_159">159</a></li> + +<li>Thurloe, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_230">230</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_233">233</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_242">242</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_245">245</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_246">246</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_258">258</a></li> + +<li>Tilbury, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_155">155</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_120">120</a></li> + +<li>Tindal, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_81">81</a>; +iii. <a href="#Page_216">216</a></li> + +<li>Tipperary, iii. <a href="#Page_313">313</a></li> + +<li>Topham, iii. <a href="#Page_246">246</a></li> + +<li>Torcy, iii. <a href="#Page_193">193</a></li> + +<li>Tory, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_398">398</a>; +iii. <a href="#Page_77">77</a></li> + +<li>Tournay, iii. <a href="#Page_193">193</a>, <a +href="#Page_205">205</a></li> + +<li>Tower, The, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_29">29</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_56">56</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_142">142</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_239">239</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_253">253</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_282">282</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_327">327</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_331">331</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_338">338</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_342">342</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_350">350</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_351">351</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_2">2</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_3">3</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_10">10</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_33">33</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_113">113</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_120">120</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_151">151</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_231">231</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_261">261</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_272">272</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_382">382</a>; +iii. <a href="#Page_23">23</a>, <a href="#Page_205">205</a>, <a +href="#Page_234">234</a>, <a href="#Page_244">244</a>, <a +href="#Page_245">245</a>, <a href="#Page_246">246</a>, <a +href="#Page_317">317</a>, <a href="#Page_326">326</a></li> + +<li>Townsend, Heywood, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_233">233</a></li> + +<li>Townshend, Lord, iii. <a href="#Page_190">190</a>, <a +href="#Page_203">203</a></li> + +<li>Treby, iii. <a href="#Page_143">143</a></li> + +<li>Trent, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_111">111</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_181">181</a></li> + +<li><i>True Law of Free Monarchies</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_278">278</a></li> + +<li>Tudor, House of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_9">9</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_15">15</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_17">17</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_30">30</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_40">40</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_42">42</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_48">48</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_142">142</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_209">209</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_225">225</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_231">231</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_250">250</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_264">264</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_332">332</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_347">347</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_354">354</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_79">79</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_91">91</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_119">119</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_234">234</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_420">420</a>; +iii. <a href="#Page_5">5</a>, <a href="#Page_30">30</a>, <a +href="#Page_82">82</a>, <a href="#Page_160">160</a></li> + +<li>Tunstal, Bishop of Durham, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_46">46</a></li> + +<li>Turner's <i>History of England</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_20">20</a></li> + +<li>Tutchen, iii. <a href="#Page_149">149</a></li> + +<li>Tyrconnel, Earl of, iii. <a href="#Page_331">331</a>, <a +href="#Page_348">348</a></li> + +<li>Tyrone, Earl of, iii. <a href="#Page_318">318</a>, <a +href="#Page_322">322</a>, <a href="#Page_324">324</a>, <a +href="#Page_325">325</a>, <a href="#Page_327">327</a>, <a +href="#Page_331">331</a>, <a href="#Page_332">332</a>, <a +href="#Page_340">340</a></li> + +<li class="alpha">Udal, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a></li> + +<li>Ulster, iii. <a href="#Page_300">300</a>, <a +href="#Page_305">305</a>, <a href="#Page_313">313</a>, <a +href="#Page_324">324</a>, <a href="#Page_325">325</a>, <a +href="#Page_329">329</a>, <a href="#Page_331">331</a>, <a +href="#Page_332">332</a>, <a href="#Page_335">335</a>, <a +href="#Page_339">339</a>, <a href="#Page_342">342</a>, <a +href="#Page_344">344</a></li> + +<li>Upper Palatinate, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_330">330</a></li> + +<li>Usher, Bishop, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_292">292</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_294">294</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_306">306</a></li> + +<li>Utrecht, iii. <a href="#Page_188">188</a>, <a +href="#Page_192">192</a></li> + +<li>Uxbridge, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_157">157</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_159">159</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_161">161</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_185">185</a></li> + +<li class="alpha">Vallinger, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_30">30</a></li> + +<li>Valois, House of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_217">217</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_259">259</a></li> + +<li>Van Citers, iii. <a href="#Page_62">62</a></li> + +<li>Vane, Sir Henry, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_95">95</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_252">252</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_256">256</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_280">280</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_281">281</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_297">297</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_298">298</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_299">299</a>; +iii. <a href="#Page_86">86</a></li> + +<li>Vatican, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_61">61</a></li> + +<li>Vaughan, Chief Justice, iii. <a href="#Page_8">8</a>, <a +href="#Page_9">9</a></li> + +<li>Venice, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_312">312</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_200">200</a></li> + +<li>Venner, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_288">288</a></li> + +<li>Verden, iii. <a href="#Page_212">212</a></li> + +<li><i>View of the Middle Ages</i>, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_50">50</a>; +iii. <a href="#Page_25">25</a></li> + +<li>Virgin, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_85">85</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_164">164</a></li> + +<li>Vowel, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_232">232</a></li> + +<li class="alpha">Wake, iii. <a href="#Page_214">214</a></li> + +<li>Waldgrave, Sir Edward, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_110">110</a></li> + +<li>Wales, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_305">305</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a>; +iii. <a href="#Page_12">12</a>, <a href="#Page_34">34</a>, <a +href="#Page_209">209</a>, <a href="#Page_301">301</a></li> + +<li>Wales, Prince of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_29">29</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_345">345</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_380">380</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_172">172</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_200">200</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_204">204</a>; +iii. <a href="#Page_73">73</a>, <a href="#Page_74">74</a>, <a +href="#Page_83">83</a>, <a href="#Page_86">86</a>, <a +href="#Page_145">145</a>, <a href="#Page_160">160</a>, <a +href="#Page_173">173</a>, <a href="#Page_185">185</a>, <a +href="#Page_225">225</a></li> + +<li>Walker, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_151">151</a></li> + +<li>Waller, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_80">80</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_138">138</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_143">143</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_267">267</a></li> + +<li>Wallingford House, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_249">249</a></li> + +<li>Walpole, H., i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_84">84</a></li> + +<li>Walpole, Sir Robert, iii. <a href="#Page_42">42</a>, <a +href="#Page_181">181</a>, <a href="#Page_203">203</a>, <a +href="#Page_208">208</a>, <a href="#Page_219">219</a>, <a +href="#Page_223">223</a>, <a href="#Page_225">225</a>, <a +href="#Page_227">227</a>, <a href="#Page_231">231</a>, <a +href="#Page_232">232</a>, <a href="#Page_233">233</a>, <a +href="#Page_255">255</a>, <a href="#Page_256">256</a>, <a +href="#Page_257">257</a>, <a href="#Page_258">258</a>, <a +href="#Page_261">261</a>, <a href="#Page_263">263</a></li> + +<li>Walsingham, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_130">130</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_131">131</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_133">133</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_147">147</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_149">149</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_152">152</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_183">183</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_184">184</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_191">191</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_210">210</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_212">212</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_213">213</a></li> + +<li>Warbeck, Perkin, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_29">29</a></li> + +<li>Warburton, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_159">159</a>; +iii. <a href="#Page_220">220</a></li> + +<li>Ware, Sir James, iii. <a href="#Page_303">303</a></li> + +<li>Warham, Archbishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_24">24</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_66">66</a></li> + +<li>Warwick, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_29">29</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_93">93</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_195">195</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_213">213</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_224">224</a></li> + +<li>Waterford, iii. <a href="#Page_313">313</a>, <a +href="#Page_323">323</a>, <a href="#Page_328">328</a></li> + +<li>Wenlock, iii. <a href="#Page_37">37</a></li> + +<li>Wentworth, Paul, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_234">234</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_238">238</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_239">239</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_242">242</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_243">243</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_38">38</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_39">39</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_46">46</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_79">79</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_232">232</a></li> + +<li>Westbury, iii. <a href="#Page_40">40</a></li> + +<li>Westminster, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_10">10</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_76">76</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_270">270</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_322">322</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_336">336</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_353">353</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_33">33</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_87">87</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_135">135</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_146">146</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_149">149</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_154">154</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_156">156</a>; +iii. <a href="#Page_5">5</a>, <a href="#Page_27">27</a>, <a +href="#Page_34">34</a>, <a href="#Page_242">242</a>, <a +href="#Page_329">329</a>, <a href="#Page_355">355</a></li> + +<li>Westminster Hall, iii. <a href="#Page_149">149</a>, <a +href="#Page_213">213</a>, <a href="#Page_247">247</a></li> + +<li>Westmoreland, Earl of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_129">129</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_130">130</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_9">9</a></li> + +<li>Weston, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_41">41</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_60">60</a></li> + +<li>Wexford, iii. <a href="#Page_307">307</a></li> + +<li>Whalley, Abbey of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_79">79</a></li> + +<li>Wharton, Lord, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_98">98</a>; +iii. <a href="#Page_184">184</a></li> + +<li>Whig, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_132">132</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_398">398</a>; +iii. <a href="#Page_180">180</a></li> + +<li>White, iii. <a href="#Page_37">37</a></li> + +<li>Whitehall, iii. <a href="#Page_125">125</a></li> + +<li>Whitelock, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_324">324</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_8">8</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_33">33</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_106">106</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_123">123</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_136">136</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_138">138</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_142">142</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_158">158</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_161">161</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_165">165</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_181">181</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_215">215</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_217">217</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_218">218</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_222">222</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_226">226</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_233">233</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_245">245</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_247">247</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_258">258</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_260">260</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_261">261</a> +<span class="pagenum"><a name="Page_373" +id="Page_373">373</a></span></li> + +<li>Whitgift, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_137">137</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_156">156</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_187">187</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_188">188</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_190">190</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_194">194</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_195">195</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_199">199</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_209">209</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_226">226</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_278">278</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_369">369</a></li> + +<li>Wicliffe, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_58">58</a></li> + +<li>Wildman, Major, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_229">229</a></li> + +<li>Wilford, Sir Thomas, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_226">226</a></li> + +<li>Wilkins, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_120">120</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_341">341</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a></li> + +<li>William III., iii. <a href="#Page_16">16</a>, <a +href="#Page_77">77</a>, <a href="#Page_79">79</a>, <a +href="#Page_81">81</a>, <a href="#Page_88">88</a>, <a +href="#Page_90">90</a>, <a href="#Page_94">94</a>, <a +href="#Page_95">95</a>, <a href="#Page_96">96</a>, <a +href="#Page_97">97</a>, <a href="#Page_98">98</a>, <a +href="#Page_100">100</a>, <a href="#Page_104">104</a>, <a +href="#Page_105">105</a>, <a href="#Page_106">106</a>, <a +href="#Page_107">107</a>, <a href="#Page_111">111</a>, <a +href="#Page_112">112</a>, <a href="#Page_114">114</a>, <a +href="#Page_119">119</a>, <a href="#Page_120">120</a>, <a +href="#Page_121">121</a>, <a href="#Page_126">126</a>, <a +href="#Page_129">129</a>, <a href="#Page_131">131</a>, <a +href="#Page_133">133</a>, <a href="#Page_141">141</a>, <a +href="#Page_142">142</a>, <a href="#Page_148">148</a>, <a +href="#Page_156">156</a>, <a href="#Page_159">159</a>, <a +href="#Page_160">160</a>, <a href="#Page_161">161</a>, <a +href="#Page_164">164</a>, <a href="#Page_165">165</a>, <a +href="#Page_166">166</a>, <a href="#Page_167">167</a>, <a +href="#Page_168">168</a>, <a href="#Page_170">170</a>, <a +href="#Page_171">171</a>, <a href="#Page_173">173</a>, <a +href="#Page_175">175</a>, <a href="#Page_178">178</a>, <a +href="#Page_179">179</a>, <a href="#Page_203">203</a>, <a +href="#Page_212">212</a>, <a href="#Page_215">215</a>, <a +href="#Page_218">218</a>, <a href="#Page_226">226</a>, <a +href="#Page_236">236</a>, <a href="#Page_243">243</a>, <a +href="#Page_255">255</a>, <a href="#Page_261">261</a>, <a +href="#Page_263">263</a>, <a href="#Page_289">289</a>, <a +href="#Page_290">290</a>, <a href="#Page_291">291</a>, <a +href="#Page_293">293</a>, <a href="#Page_334">334</a>, <a +href="#Page_350">350</a></li> + +<li>William the Conqueror, iii. <a href="#Page_255">255</a></li> + +<li>William the Lion, iii. <a href="#Page_266">266</a></li> + +<li>Williams, Bishop, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_381">381</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_104">104</a></li> + +<li>Willis, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_71">71</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_255">255</a></li> + +<li>Willoughby, Lord, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_140">140</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_253">253</a></li> + +<li>Wilmot, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_162">162</a>; +iii. <a href="#Page_13">13</a></li> + +<li>Wilson, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_315">315</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_370">370</a></li> + +<li>Winchester, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_114">114</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_120">120</a></li> + +<li>Windebank, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_60">60</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_61">61</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_62">62</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_65">65</a></li> + +<li>Windsor, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_196">196</a></li> + +<li>Winwood, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_303">303</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_309">309</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_310">310</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_314">314</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_325">325</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_326">326</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_330">330</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_374">374</a></li> + +<li>Wisbeach Gaol, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_113">113</a></li> + +<li>Wolsey, Cardinal, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_21">21</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_22">22</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_23">23</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_25">25</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_26">26</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_31">31</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_49">49</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_53">53</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_60">60</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_62">62</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_64">64</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_65">65</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_66">66</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_70">70</a></li> + +<li>Wood, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_71">71</a></li> + +<li>Worcester, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_152">152</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_226">226</a></li> + +<li>Worcester, Bishop of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_137">137</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_186">186</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_305">305</a></li> + +<li>Wren, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_104">104</a></li> + +<li>Wright, Mr. Justice, iii. <a href="#Page_248">248</a></li> + +<li>Wyatt, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_105">105</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_225">225</a></li> + +<li>Wyndham, Sir Hugh, iii. <a href="#Page_7">7</a></li> + +<li class="alpha">Yarmouth, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_48">48</a></li> + +<li>Yelverton, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_314">314</a></li> + +<li>York, iii. <a href="#Page_34">34</a>, <a href="#Page_137">137</a>, +<a href="#Page_182">182</a>, <a href="#Page_213">213</a></li> + +<li>York, Duchess of, iii. <a href="#Page_51">51</a></li> + +<li>York, Duke of, ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_204">204</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_255">255</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_288">288</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_311">311</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_313">313</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_329">329</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_332">332</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_333">333</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_346">346</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_347">347</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_351">351</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_352">352</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_353">353</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_358">358</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_362">362</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_363">363</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_367">367</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_368">368</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_384">384</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_388">388</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_389">389</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_392">392</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_394">394</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_397">397</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_399">399</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_400">400</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_402">402</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_405">405</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_414">414</a>; +iii. <a href="#Page_51">51</a>, <a href="#Page_286">286</a>, <a +href="#Page_287">287</a>, <a href="#Page_315">315</a></li> + +<li>York, House of, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_13">13</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_29">29</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_37">37</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_128">128</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_173">173</a>; +ii. <a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_84">84</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_94">94</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_103">103</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_274">274</a>, +<a +href="http://www.gutenberg.org/files/42179/42179-h/42179-h.htm#Page_298">298</a>; +iii. <a href="#Page_30">30</a></li> + +<li class="alpha">Zuingle, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_58">58</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_88">88</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_89">89</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_92">92</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_107">107</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_162">162</a></li> + +<li>Zurich, i. <a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_166">166</a>, +<a +href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_372">372</a></li> +</ul> + +<p class="center p6">THE TEMPLE PRESS, PRINTERS, LETCHWORTH</p> + +<div class="footnotes"> +<h2 class="fntitle">FOOTNOTES:</h2> + +<p class="footnote"><a name="Footnote_1" id="Footnote_1" href="#FNanchor_1"><span class="label">[1]</span></a> + It was said in 18 Car. II. (1666) that "the king by the common law +hath a general prerogative over the printing press; so that none ought to +print a book for public use without his license." This seems, however, +to have been in the argument of counsel; but the court held that a patent +to print law-books exclusively was no monopoly. Carter's <i>Reports</i>, 89. +"Matters of state and things that concern the government," it is said in +another case, "were never left to any man's liberty to print that would." +1 <i>Mod. Reps.</i> 258. Kennet informs us that several complaints having +been made, of Lilly's <i>Grammar</i>, the use of which had been prescribed by +the royal ecclesiastical supremacy, it was thought proper in 1664 that a +new public form of grammar should be drawn up and <i>approved in convocation</i>, +to be enjoined by the royal authority. One was accordingly brought +in by Bishop Pearson, but the matter dropped. <i>Life of Charles II.</i> 274.</p> + +<p class="footnote"><a name="Footnote_2" id="Footnote_2" href="#FNanchor_2"><span class="label">[2]</span></a> + We find an order of council, June 7, 1660, that the stationers' company +do seize and deliver to the secretary of state all copies of Buchanan's +<i>History of Scotland</i>, and <i>De Jure Regni apud Scotos</i>, "which are very +pernicious to monarchy, and injurious to his majesty's blessed progenitors." +Kennet's <i>Register</i>, 176. This was beginning early.</p> + +<p class="footnote"><a name="Footnote_3" id="Footnote_3" href="#FNanchor_3"><span class="label">[3]</span></a> + Commons' Journals, July 29, 1661.</p> + +<p class="footnote"><a name="Footnote_4" id="Footnote_4" href="#FNanchor_4"><span class="label">[4]</span></a> + 14 Car. II. c. 33.</p> + +<p class="footnote"><a name="Footnote_5" id="Footnote_5" href="#FNanchor_5"><span class="label">[5]</span></a> + <i>State Trials</i>, vii. 929.</p> + +<p class="footnote"><a name="Footnote_6" id="Footnote_6" href="#FNanchor_6"><span class="label">[6]</span></a> + This declaration of the judges is recorded in the following passage of +the <i>London Gazette</i>, May 5, 1680: "This day the judges made their report +to his majesty in council, in pursuance of an order of this board, by which +they unanimously declare that his majesty may by law prohibit the printing +and publishing of all news-books and pamphlets of news whatsoever not +licensed by his majesty's authority, as manifestly tending to the breach of +the peace and disturbance of the kingdom. Whereupon his majesty was +pleased to direct a proclamation to be prepared for the restraining the +printing of news-books and pamphlets of news without leave." Accordingly +such a proclamation appears in the <i>Gazette</i> of May 17.</p> + +<p class="footnote"><a name="Footnote_7" id="Footnote_7" href="#FNanchor_7"><span class="label">[7]</span></a> + <i>State Trials</i>, vii. 1127; viii. 184, 197. Even North seems to admit +that this was a stretch of power. <i>Examen</i>, 564.</p> + +<p class="footnote"><a name="Footnote_8" id="Footnote_8" href="#FNanchor_8"><span class="label">[8]</span></a> + <i>State Trials</i>, viii. 163.</p> + +<p class="footnote"><a name="Footnote_9" id="Footnote_9" href="#FNanchor_9"><span class="label">[9]</span></a> + It seems that these warrants, though usual, were known to be against +the law. <i>State Trials</i>, vii. 949, 956. Possibly they might have been +justified under the words of the licensing act, while that was in force; +and having been thus introduced, were not laid aside.</p> + +<p class="footnote"><a name="Footnote_10" id="Footnote_10" href="#FNanchor_10"><span class="label">[10]</span></a> + Kennet's <i>Charles II.</i> 277.</p> + +<p class="footnote"><a name="Footnote_11" id="Footnote_11" href="#FNanchor_11"><span class="label">[11]</span></a> + <i>State Trials</i>, vi. 837.</p> + +<p class="footnote"><a name="Footnote_12" id="Footnote_12" href="#FNanchor_12"><span class="label">[12]</span></a> + Ralph, 297; North's <i>Examen</i>, 139; Kennet, 337. Hume of course +pretends that this proclamation would have been reckoned legal in former +times.</p> + +<p class="footnote"><a name="Footnote_13" id="Footnote_13" href="#FNanchor_13"><span class="label">[13]</span></a> + "Sir Hugh Wyndham and others of the grand jury of Somerset were +at the last assizes bound over, by Lord Ch. J. Keeling, to appear at the +K. B. the first day of this term, to answer a misdemeanour for finding +upon a bill of murder, 'billa vera quoad manslaughter,' against the +directions of the judge. Upon their appearance they were told by the +court, being full, that it was a misdemeanour in them, for they are not to +distinguish betwixt murder and manslaughter; for it is only the circumstance +of malice which makes the difference, and that may be implied by +the law, without any fact at all, and so it lies not in the judgment of a +jury, but of the judge; that the intention of their finding indictments is, +that there might be no malicious prosecution; and therefore, if the matter +of the indictment be not framed of malice, but is verisimilis, though it be +not vera, yet it answers their oaths to present it. Twisden said he had +known petty juries punished in my lord Chief Justice Hyde's time, for +disobeying of the judge's directions in point of law. But, because it was +a mistake in their judgments rather than any obstinacy, the court discharged +them without any fine or other attendance." Pasch. 19 Car. 2; +Keeling; Ch. J. Twisden, Wyndham, Morton, justices; Hargrave MSS. +n. 339.</p> + +<p class="footnote"><a name="Footnote_14" id="Footnote_14" href="#FNanchor_14"><span class="label">[14]</span></a> + Journals, 16th Oct. 1667.</p> + +<p class="footnote"><a name="Footnote_15" id="Footnote_15" href="#FNanchor_15"><span class="label">[15]</span></a> + <i>State Trials</i>, vi. 967.</p> + +<p class="footnote"><a name="Footnote_16" id="Footnote_16" href="#FNanchor_16"><span class="label">[16]</span></a> + Vaughan's <i>Reports</i>; <i>State Trials</i>, v. 999.</p> + +<p class="footnote"><a name="Footnote_17" id="Footnote_17" href="#FNanchor_17"><span class="label">[17]</span></a> + See Hargraves' judicious observations on the province of juries. +<i>State Trials</i>, vi. 1013.</p> + +<p class="footnote"><a name="Footnote_18" id="Footnote_18" href="#FNanchor_18"><span class="label">[18]</span></a> + Those who were confined by warrants were forced to buy their liberty +of the courtiers; "Which," says Pepys (July 7, 1667), "is a most lamentable +thing that we do professedly own that we do these things, not for right +and justice' sake, but only to gratify this or that person about the king."</p> + +<p class="footnote"><a name="Footnote_19" id="Footnote_19" href="#FNanchor_19"><span class="label">[19]</span></a> + <i>State Trials</i>, vi. 1189.</p> + +<p class="footnote"><a name="Footnote_20" id="Footnote_20" href="#FNanchor_20"><span class="label">[20]</span></a> + Commons' Journals. As the titles only of these bills are entered in +the Journals, their purport cannot be stated with absolute certainty. +They might, however, I suppose, be found in some of the offices.</p> + +<p class="footnote"><a name="Footnote_21" id="Footnote_21" href="#FNanchor_21"><span class="label">[21]</span></a> + <i>Parl. Hist.</i> 661. It was opposed by the court.</p> + +<p class="footnote"><a name="Footnote_22" id="Footnote_22" href="#FNanchor_22"><span class="label">[22]</span></a> + In this session (Feb. 14) a committee was appointed to inspect the +laws, and consider how the king may commit any subject by his immediate +warrant, as the law now stands, and report the same to the house, and +also how the law now stands touching commitments of persons by the +council-table. Ralph supposes (p. 255) that this gave rise to the habeas +corpus act, which is certainly not the case. The statute 16 Car. I, c. 10, +seems to recognise the legality of commitments by the king's special +warrant, or by the privy council, or some, at least, of its members singly; +and I do not know whether this, with long usage, is not sufficient to support +the controverted authority of the secretary of state. As to the privy +council, it is not doubted, I believe, that they may commit. But it has +been held, even in the worst of times, that a warrant of commitment under +the king's own hand, without seal, or the hand of any secretary, or officer +of state, or justice, is bad. 2 Jac. II. B. R. 2 Shower, 484.</p> + +<p class="footnote"><a name="Footnote_23" id="Footnote_23" href="#FNanchor_23"><span class="label">[23]</span></a> + In the <i>Parliamentary History</i>, 845, we find a debate on the petition of +one Harrington to the Commons in 1677, who had been committed to close +custody by the council. But as his demeanour was alleged to have been +disrespectful, and the right of the council to commit was not disputed, +and especially as he seems to have been at liberty when the debate took +place, no proceedings ensued; though the commitment had not been altogether +regular. Ralph (p. 314) comments more severely on the behaviour +of the house than was necessary.</p> + +<p class="footnote"><a name="Footnote_24" id="Footnote_24" href="#FNanchor_24"><span class="label">[24]</span></a> + 31 Car. II. c. 2.</p> + +<p class="footnote"><a name="Footnote_25" id="Footnote_25" href="#FNanchor_25"><span class="label">[25]</span></a> + The puisne judges of the common pleas granted a habeas corpus, +against the opinion of Chief-Justice Vaughan, who denied the court to +have that power. Carter's <i>Reports</i>, 221.</p> + +<p class="footnote"><a name="Footnote_26" id="Footnote_26" href="#FNanchor_26"><span class="label">[26]</span></a> + The court of King's Bench directed a habeas corpus to the governor +of Jersey, to bring up the body of Overton, a well-known officer of the +commonwealth, who had been confined there several years. Siderfin's +<i>Reports</i>, 386. This was in 1668, after the fall of Clarendon, when a less +despotic system was introduced.</p> + +<p class="footnote"><a name="Footnote_27" id="Footnote_27" href="#FNanchor_27"><span class="label">[27]</span></a> + See the Lords' questions and answers of the judges in <i>Parl. Hist.</i> xv. +898; or Bacon's <i>Abridgment</i>, tit. Habeas Corpus; also Wilmot's <i>Judgments</i>, +81. This arose out of a case of impressment, where the expeditious remedy +of habeas corpus is eminently necessary.</p> + +<p class="footnote"><a name="Footnote_28" id="Footnote_28" href="#FNanchor_28"><span class="label">[28]</span></a> + 56 G. III. c. 100.</p> + +<p class="footnote"><a name="Footnote_29" id="Footnote_29" href="#FNanchor_29"><span class="label">[29]</span></a> + It was ordered 21 Jan. 1549, that the eldest son of the Earl of Bedford +should continue in the house after his father had succeeded to the peerage. +And, 9th Feb. 1575, that his son should do so, "according to the precedent +in the like case of the now earl his father." It is worthy of notice +that this determination, which, at the time, seems to have been thought +doubtful, though very unreasonably (Journals, 10th Feb.), but which has +had an influence which no one can fail to acknowledge, in binding together +the two branches of the legislature, and in keeping alive the sympathy +for public and popular rights in the English nobility (that <i>sensus communis</i>, +which the poet thought so rare in high rank) is first recorded, and that +twice over, in behalf of a family, in whom the love of constitutional +freedom has become hereditary, and who may be justly said to have +deserved, like the Valerii at Rome, the surname of Publicolæ.</p> + +<p class="footnote"><a name="Footnote_30" id="Footnote_30" href="#FNanchor_30"><span class="label">[30]</span></a> + The form of appointing receivers and tryers of petitions, though intermitted +during the reign of William III. was revived afterwards, and finally +not discontinued without a debate in the House of Lords, and a division, +in 1740. <i>Parl. Hist.</i> xi. 1013.</p> + +<p class="footnote"><a name="Footnote_31" id="Footnote_31" href="#FNanchor_31"><span class="label">[31]</span></a> + Hargrave, p. 60. The proofs are in the Lords' Journals.</p> + +<p class="footnote"><a name="Footnote_32" id="Footnote_32" href="#FNanchor_32"><span class="label">[32]</span></a> + They were very rare after the accession of Henry V.; but one occurs +in 10th Hen. VI. 1432, with which Hale's list concludes. Hargrave's +Preface to Hale, p. 7. This editor justly observes, that the incomplete +state of the votes and early journals renders the negative proof inconclusive; +though we may be fully warranted in asserting that from Henry V. +to James I. there was very little exercise of judicial power in parliament, +either civilly or criminally.</p> + +<p class="footnote"><a name="Footnote_33" id="Footnote_33" href="#FNanchor_33"><span class="label">[33]</span></a> + 27th Eliz. c. 8.</p> + +<p class="footnote"><a name="Footnote_34" id="Footnote_34" href="#FNanchor_34"><span class="label">[34]</span></a> + Lords' Journals, May 18, 1660.</p> + +<p class="footnote"><a name="Footnote_35" id="Footnote_35" href="#FNanchor_35"><span class="label">[35]</span></a> + Commons' Journals, May 22.</p> + +<p class="footnote"><a name="Footnote_36" id="Footnote_36" href="#FNanchor_36"><span class="label">[36]</span></a> + Lords' Journals, June 4, 6, 14, 20, 22 <i><span lang="la" xml:lang="la">et alibi sæpe</span></i>. "Upon information +given that some person in the late times had carried away goods from the +house of the Earl of Northampton, leave was given to the said earl, by his +servants and agents, to make diligent and narrow search in the dwelling-houses +of certain persons, and to break open any door or trunk that shall +not be opened in obedience to the order." June 26. The like order was +made next day for the Marquis of Winchester, the Earls of Derby and +Newport, etc. A still more extraordinary vote was passed August 16. +Lord Mohun having complained of one Keigwin, and his attorney Danby, +for suing him by common process in Michaelmas term, 1651, in breach of +privilege of peerage, the house voted that he should have damages: nothing +could be more scandalously unjust, and against the spirit of the bill of +indemnity. Three presbyterian peer protested.</p> + +<p class="footnote"><a name="Footnote_37" id="Footnote_37" href="#FNanchor_37"><span class="label">[37]</span></a> + They resolved, in the case of the Earl of Pembroke, Jan. 30, 1678, that +the single testimony of a commoner is not sufficient against a peer.</p> + +<p class="footnote"><a name="Footnote_38" id="Footnote_38" href="#FNanchor_38"><span class="label">[38]</span></a> + Journals, Aug. 2 and 15, 1660.</p> + +<p class="footnote"><a name="Footnote_39" id="Footnote_39" href="#FNanchor_39"><span class="label">[39]</span></a> + <i>Id.</i> July 29, 1661.</p> + +<p class="footnote"><a name="Footnote_40" id="Footnote_40" href="#FNanchor_40"><span class="label">[40]</span></a> + <i>Id.</i> Oct. 31, 1665.</p> + +<p class="footnote"><a name="Footnote_41" id="Footnote_41" href="#FNanchor_41"><span class="label">[41]</span></a> + For the whole of this business, which is erased from the journals of +both houses, see <i>State Trials</i>, v. 711; <i>Parl. Hist.</i> iv. 431, 443; Hatsell's +<i>Precedents</i>, iii. 336; and Hargrave's Preface to Hale's <i>Jurisdiction of the +Lords</i>, 101.</p> + +<p class="footnote"><a name="Footnote_42" id="Footnote_42" href="#FNanchor_42"><span class="label">[42]</span></a> + Hale says, "I could never get to any precedent of greater antiquity +than 3 Car. I. nay scarce before 16 Car. I. of any such proceeding in the +Lords' house." C. 33, and see Hargrave's Preface, 53.</p> + +<p class="footnote"><a name="Footnote_43" id="Footnote_43" href="#FNanchor_43"><span class="label">[43]</span></a> + <i>Id.</i> c. 31.</p> + +<p class="footnote"><a name="Footnote_44" id="Footnote_44" href="#FNanchor_44"><span class="label">[44]</span></a> + It was ordered in a petition of Robert Roberts, Esq., that directions +be given to the lord chancellor that he proceed to make a speedy decree +in the court of chancery, according to equity and justice, notwithstanding +there be not any precedent in the case. Against this Lords Mohun and +Lincoln severally protested; the latter very sensibly observing, that +whereas it hath been the prudence and care of former parliaments to set +limits and bounds to the jurisdiction of chancery, now this order of +directions, which implies a command, opens a gap to set up an arbitrary +power in the chancery, which is hereby countenanced by the House of +Lords to act, not according to the accustomed rules or former precedents +of that court, but according to his own will. Lords' Journals, 29th Nov. +1664.</p> + +<p class="footnote"><a name="Footnote_45" id="Footnote_45" href="#FNanchor_45"><span class="label">[45]</span></a> + It was thrown out against them by the Commons in their angry +conferences about the business of Ashby and White, in 1704, but not with +any serious intention of opposition.</p> + +<p class="footnote"><a name="Footnote_46" id="Footnote_46" href="#FNanchor_46"><span class="label">[46]</span></a> + C. J. May 30.</p> + +<p class="footnote"><a name="Footnote_47" id="Footnote_47" href="#FNanchor_47"><span class="label">[47]</span></a> + <i>Id.</i> Nov. 19. Several divisions took place in the course of this business, +and some rather close; the court endeavouring to allay the fire. The vote +to take Sergeant Pemberton into custody for appearing as counsel at the +Lords' bar was only carried by 154 to 146, on June 1.</p> + +<p class="footnote"><a name="Footnote_48" id="Footnote_48" href="#FNanchor_48"><span class="label">[48]</span></a> + Lords' Journals, Nov. 20.</p> + +<p class="footnote"><a name="Footnote_49" id="Footnote_49" href="#FNanchor_49"><span class="label">[49]</span></a> + Lords' and Commons' Journals, May and November 1675; <i>Parl. Hist.</i> +721, 791; <i>State Trials</i>, vi. 1121; Hargrave's Preface to Hale, 135; and +Hale's <i>Treatise</i>, c. 33.</p> + +<p class="footnote">It may be observed, that the Lords learned a little caution in this affair. +An appeal of one Cottington from the court of delegates to their house was +rejected, by a vote that it did not properly belong to them, Shaftesbury +alone dissentient. June 17, 1678. Yet they had asserted their right to +receive appeals from inferior courts, that there might be no failure of +justice, in terms large enough to embrace the ecclesiastical jurisdiction. +May 6, 1675. And it is said that they actually had done so in 1628. +Hargrave, 53.</p> + +<p class="footnote"><a name="Footnote_50" id="Footnote_50" href="#FNanchor_50"><span class="label">[50]</span></a> + <i>Parl. Hist.</i> ii. 148.</p> + +<p class="footnote"><a name="Footnote_51" id="Footnote_51" href="#FNanchor_51"><span class="label">[51]</span></a> + <i>Id.</i> 200.</p> + +<p class="footnote"><a name="Footnote_52" id="Footnote_52" href="#FNanchor_52"><span class="label">[52]</span></a> + <i>Id.</i> 300 (43 Edw. 3).</p> + +<p class="footnote"><a name="Footnote_53" id="Footnote_53" href="#FNanchor_53"><span class="label">[53]</span></a> + <i>Rot. Parl.</i> iii. 611; <i>View of Middle Ages</i>, ii. 310.</p> + +<p class="footnote"><a name="Footnote_54" id="Footnote_54" href="#FNanchor_54"><span class="label">[54]</span></a> + 14 E. 3, stat. 1, c. 21. This statute is remarkable for a promise of the +Lords not to assent in future to any charge beyond the old custom, without +assent of the Commons in full parliament. Stat. 2, same year; the king +promises to lay on no charge but by assent of the Lords and Commons. +18 E. 3, stat. 2, c. 1; the Commons grant two-fifteenths of the commonalty, +and two-tenths of the cities and boroughs. "<span lang="fr" xml:lang="fr">Et en cas que notre signeur +le roi passe la mer, de paier a mesmes les tems les quinzisme et disme del +second an, et nemy en autre maniere. Issint que les deniers de ce levez +soient despendus, en les besoignes a eux monstez a cest parlement, par +avis des grauntz a ce assignez, et que les aides de la Trent soient mys en +defense de north.</span>" This is a remarkable precedent for the usage of +appropriation, which had escaped me, though I have elsewhere quoted that +in 5 Rich. 2, stat. 2, c. 2 and 3. In two or three instances, we find grants +of tenths and fifteenths in the statutes, without any other matter, as 14 E. 3, +stat. 1, c. 20; 27 E. 3, stat. 1, c. 4.</p> + +<p class="footnote"><a name="Footnote_55" id="Footnote_55" href="#FNanchor_55"><span class="label">[55]</span></a> + 7 H. 7, c. 11; 12 H. 7, c. 12.</p> + +<p class="footnote"><a name="Footnote_56" id="Footnote_56" href="#FNanchor_56"><span class="label">[56]</span></a> + I find only one exception, 5 H. 8, c. 17, which was in the now common +form: Be it enacted by the king our sovereign lord, and by the assent, etc.</p> + +<p class="footnote"><a name="Footnote_57" id="Footnote_57" href="#FNanchor_57"><span class="label">[57]</span></a> + In 37 H. 8, c. 25, both Lords and Commons are said to grant, and they +pray that their grant "may be ratified and confirmed by his majesty's +royal assent, so to be enacted and authorised by virtue of this present +parliament as in such cases heretofore has been accustomed."</p> + +<p class="footnote"><a name="Footnote_58" id="Footnote_58" href="#FNanchor_58"><span class="label">[58]</span></a> + Commons' Journals, 24, 29 July; Lords' Journals, 30 July.</p> + +<p class="footnote"><a name="Footnote_59" id="Footnote_59" href="#FNanchor_59"><span class="label">[59]</span></a> + They expressed this with strange latitude in a resolution some years +after, that all aids and supplies to his majesty in parliament are <i>the sole gift +of the Commons</i>. <i>Parl. Hist.</i> 1005. As they did not mean to deny that +the Lords must concur in the bill, much less that they must pay their +quota, this language seems indefensible.</p> + +<p class="footnote"><a name="Footnote_60" id="Footnote_60" href="#FNanchor_60"><span class="label">[60]</span></a> + Lords' and Commons' Journals, April 17th and 22nd, 1679; <i>Parl. Hist.</i> +iv. 480; Hatsell's <i>Precedents</i>, iii. 109, 368, 409.</p> + +<p class="footnote">In a pamphlet by Lord Anglesea, if I mistake not, entitled, "Case stated +of the Jurisdiction of the House of Lords in point of Impositions," 1696, +a vigorous and learned defence of the right of the Lords to make alterations +in money-bills, it is admitted that they cannot increase the rates; since +that would be to originate a charge on the people, which they cannot do. +But it is even said in the year-book (33 H. 6) that if the Commons grant +tonnage for four years, and the Lords reduce the terms to two years, they +need not send the bill down again. This of course could not be supported +in modern times.</p> + +<p class="footnote"><a name="Footnote_61" id="Footnote_61" href="#FNanchor_61"><span class="label">[61]</span></a> + <i>Parl. Hist.</i> ii. 563.</p> + +<p class="footnote"><a name="Footnote_62" id="Footnote_62" href="#FNanchor_62"><span class="label">[62]</span></a> + The principles laid down by Hatsell are: 1. That in bills of supply, +the Lords can make no alteration but to correct verbal mistakes. 2. That +in bills, not of absolute supply, yet imposing burthens, as turnpike acts, +etc., the Lords cannot alter the quantum of the toll, the persons to manage +it, etc.; but in other clauses they may make amendments. 3. That, +where a charge may indirectly be thrown on the people by a bill, the +Commons object to the Lords making amendments. 4. That the Lords +cannot insert pecuniary penalties in a bill, or alter those inserted by the +Commons, iii. 137. He seems to boast that the Lords during the last +century have very faintly opposed the claim of the Commons. But surely +they have sometimes done so in practice, by returning a money-bill, or +what the lower house call one, amended; and the Commons have had +recourse to the evasion of throwing out such bill and bringing in another +with the amendments inserted in it; which does not look very triumphant.</p> + +<p class="footnote"><a name="Footnote_63" id="Footnote_63" href="#FNanchor_63"><span class="label">[63]</span></a> + The last instance mentioned by Hatsell is in 1790, when the Lords +had amended a bill for regulating Warwick gaol by changing the rate to +be imposed from the landowners to the occupiers, iii. 131. I am not +at present aware of any subsequent case, but rather suspect that such +might be found.</p> + +<p class="footnote"><a name="Footnote_64" id="Footnote_64" href="#FNanchor_64"><span class="label">[64]</span></a> + See the case of the Earl of Arundel in parliament in 1626. In one +instance the house took notice that a writ of summons had been issued to +the Earl of Mulgrave, he being under age, and addressed the king that he +would be pleased to be sparing of writs of this nature for the future. +20th Oct. 1667. The king made an excuse that he did not know the earl +was much under age, and would be careful for the future. 29th Oct.</p> + +<p class="footnote"><a name="Footnote_65" id="Footnote_65" href="#FNanchor_65"><span class="label">[65]</span></a> + Though the proposition in the text is, I believe, generally true, it has +occurred to me since, that there are some exceptions in the northern parts +of England; and that both Sheffield and Manchester are among them.</p> + +<p class="footnote"><a name="Footnote_66" id="Footnote_66" href="#FNanchor_66"><span class="label">[66]</span></a> + It is doubted by Mr. Merewether (<i>arguendo</i>) whether Edward and +Mary created so many new boroughs as appears; because the returns +under Henry VII. and Henry VIII. are lost. But the motive operated +more strongly in the latter reigns. <i>West Looe Case</i>, 80.</p> + +<p class="footnote"><a name="Footnote_67" id="Footnote_67" href="#FNanchor_67"><span class="label">[67]</span></a> + 25 Car. 2, c. 9. A bill had passed the Commons in 1624 for the same +effect, but failed through the dissolution.</p> + +<p class="footnote"><a name="Footnote_68" id="Footnote_68" href="#FNanchor_68"><span class="label">[68]</span></a> + Journals, 26th Feb. and 20th March 1676-7.</p> + +<p class="footnote"><a name="Footnote_69" id="Footnote_69" href="#FNanchor_69"><span class="label">[69]</span></a> + <i>Madox Firma, Burgi</i>, p. 270 <i>et post</i>.</p> + +<p class="footnote"><a name="Footnote_70" id="Footnote_70" href="#FNanchor_70"><span class="label">[70]</span></a> + The popular character of the elective franchise in early times has been +maintained by two writers of considerable research and ability; Mr. Luders, +<i>Reports of Election Cases</i>, and Mr. Merewether, in his <i>Sketch of the History +of Boroughs</i> and <i>Report of the West Looe Case</i>. The former writer has the +following observations, vol. i. p. 99: "The ancient history of boroughs +does not confirm the opinion above referred to, which Lord Chief Justice +Holt delivered in the case of Ashby <i>v.</i> White; viz. that inhabitants not +incorporated cannot send members to parliament but by prescription. +For there is good reason to believe that the elections in boroughs were in +the beginning of representation popular; yet in the reign of Edward I. +there were not perhaps thirty corporations in the kingdom. Who then +elected the members of boroughs not incorporated? Plainly, the inhabitants +or burghers [according to their tenure or situation]; for at that +time every inhabitant of a borough was called a burgess; and Hobart +refers to this usage in support of his opinion in the case of Dungannon. +The manner in which they exercised this right was the same as that in +which the inhabitants of a town, at this day, hold a right of common, or +other such privilege, which many possess who are not incorporated." +The words in brackets, which are not in the printed edition, are inserted +by the author himself in a copy bequeathed to the Inner Temple library. +The remainder of Mr. Luders's note, though too long for this place, is very +good, and successfully repels the <i>corporate</i> theory.</p> + +<p class="footnote"><a name="Footnote_71" id="Footnote_71" href="#FNanchor_71"><span class="label">[71]</span></a> + The following passage from Vowell's treatise, on the order of the +parliament, published in 1571, and reprinted in Holingshed's <i>Chronicles of +Ireland</i> (vi. 345) seems to indicate that, at least in practice, the election +was in the principal or governing body of the corporation. "The sheriff +of every county, having received his writ, ought, forthwith, to send his +precepts and summons to the mayors, bailiffs, and head officers of every +city, town corporate, borough, and such places as have been accustomed +to send burgesses within his county, that they do choose and elect among +themselves two citizens for every city, and two burgesses for every +borough, according to their old custom and usage. And these head +officers ought then to assemble themselves, <i>and the aldermen and common +council of every city or town</i>; and to make choice among themselves of two +able and sufficient men of every city or town, to serve for and in the said +parliament."</p> + +<p class="footnote">Now, if these expressions are accurate, it certainly seems that, at this +period, the great body of freemen or inhabitants were not partakers in +the exercise of their franchise. And the following passage, if the reader +will turn to it, wherein Vowell adverts to the form of a county election, +is so differently worded in respect to the election by the freeholders at +large, that we may fairly put a literal construction upon the former. In +point of fact, I have little doubt that elections in boroughs were for the +most part very closely managed in the sixteenth century, and probably +much earlier. This, however, will not by any means decide the question +of right. For we know that in the reigns of Henry IV. and Henry V. +returns for the great county of York were made by the proxies of a few +peers and a few knights; and there is a still more anomalous case in the +reign of Elizabeth, when a Lady Packington sealed the indenture for the +county of Worcester. Carew's <i>Hist. of Elections</i>, part ii. p. 282. But no +one would pretend that the right of election was in these persons, or +supposed by any human being to be so.</p> + +<p class="footnote">The difficulty to be got over by those who defend the modern decisions +of committees is this. We know that in the reign of Edward I. more than +one hundred boroughs made returns to the writ. If most of these were +not incorporated, nor had any aldermen, capital burgesses and so forth, +by whom were the elections made? Surely by the freeholders, or by the +inhabitants. And if they were so made in the reign of Edward I. how +has the franchise been restrained afterwards?</p> + +<p class="footnote"><a name="Footnote_72" id="Footnote_72" href="#FNanchor_72"><span class="label">[72]</span></a> + 4 Inst. 48; Glanville, pp. 53, 66. That no private agreement, or +by-law of the borough, can restrain the right of election, is laid down in +the same book. P. 17.</p> + +<p class="footnote"><a name="Footnote_73" id="Footnote_73" href="#FNanchor_73"><span class="label">[73]</span></a> + Glanville's case of Bletchingly, p. 33.</p> + +<p class="footnote"><a name="Footnote_74" id="Footnote_74" href="#FNanchor_74"><span class="label">[74]</span></a> + This clause in an act imposing severe penalties on bribery, was inserted +by the House of Lords with the insidious design of causing the rejection +of the whole bill; if the Commons, as might be expected, should resent +such an interference with their privileges. The ministry accordingly +endeavoured to excite this sentiment; but those who had introduced the +bill very wisely thought it better to sacrifice a point of dignity, rather +than lose so important a statute. It was, however, only carried by two +voices to agree with the amendment. <i>Parl. Hist.</i> viii. 754.</p> + +<p class="footnote"><a name="Footnote_75" id="Footnote_75" href="#FNanchor_75"><span class="label">[75]</span></a> + Fox, Appendix, p. 8.</p> + +<p class="footnote"><a name="Footnote_76" id="Footnote_76" href="#FNanchor_76"><span class="label">[76]</span></a> + "The legal method," says Burnet, "was to have made entries, and to +have taken bonds for those duties to be paid when the parliament should +meet and renew the grant." Mr. Onslow remarks on this, that he should +have said, the least illegal and the only justifiable method. To which the +Oxford editor subjoins that it was the proposal of Lord-Keeper North, +while the other, which was adopted, was suggested by Jefferies. This +is a mistake. North's proposal was to collect the duties under the proclamation, +but to keep them apart from the other revenues in the exchequer +until the next session of parliament. There was surely little difference +in point of illegality between this and the course adopted. It was alleged +that the merchants, who had paid duty, would be injured by a temporary +importation duty free; and certainly it was inconvenient to make the +revenue dependent on such a contingency as the demise of the Crown. +But this neither justifies the proclamation, nor the disgraceful acquiescence +of the next parliament in it.</p> + +<p class="footnote">The king was thanked in several addresses for directing the customs to +be levied, particularly in one from the benchers and barristers of the Middle +Temple. <i>London Gazette</i>, March 11. This was drawn by Sir Bartholomew +Shower, and presented by Sir Humphrey Mackworth. <i>Life of James</i>, +vol. ii. p. 17. The former was active as a lawyer in all the worst measures +of these two reigns. Yet, after the revolution, they both became tory +patriots, and jealous assertors of freedom against the government of +William III. Barillon, however, takes notice that this illegal continuance +of the revenue produced much discontent. Fox's Appendix, 39; and +Rochester told him that North and Halifax would have urged the king to +call a parliament, in order to settle the revenue on a lawful basis, if that +resolution had not been taken by himself. <i>Id.</i> p. 20. The king thought +it necessary to apologise to Barillon for convoking parliament. <i>Id.</i> p. 18; +Dalrymple, p. 100.</p> + +<p class="footnote"><a name="Footnote_77" id="Footnote_77" href="#FNanchor_77"><span class="label">[77]</span></a> + Dalrymple, p. 142. The king alludes to this possibility of a limited +grant with much resentment and threatening, in his speech on opening the +session.</p> + +<p class="footnote"><a name="Footnote_78" id="Footnote_78" href="#FNanchor_78"><span class="label">[78]</span></a> + Fox, Appendix, p. 93; Lonsdale, p. 5.</p> + +<p class="footnote"><a name="Footnote_79" id="Footnote_79" href="#FNanchor_79"><span class="label">[79]</span></a> + For this curious piece of parliamentary inconsistency, see Reresby's +<i>Memoirs</i>, p. 113, and Barillon in the Appendix to Fox, p. 95. "<span lang="fr" xml:lang="fr">Il s'est +passé avant hier une chose de grande conséquence dans la chambre basse: +il fut proposé le matin que la chambre se mettoit en comité l'après diner +pour considérer la harangue du roy sur l'affaire de la religion, et savoir ce +qui devoit être entendu par le terme <i>de religion protestante</i>. La résolution +fut prise unanimement, et sans contradiction, de faire une adresse au roy +pour le prier de faire une proclamation pour l'exécution des loix contre +tous les nonconformistes généralement, c'est-à-dire, contre tous ceux qui +ne sont pas ouvertement de l'église Anglicane; cela enferme les presbitériens +et tous les sectaires, aussi bien que les catholiques Romains. La +malice de cette résolution fut aussitôt reconnu du roy d'Angleterre, et de +ses ministres; les principaux de la chambre basse furent mandés, et ceux +que sa majesté Britannique croit être dans ses intérêts; il leur fit une +réprimande sévère de s'être laissés séduire et entraîner à une résolution si +dangereuse et si peu admissible. Il leur déclara que, si l'on persistoit à +lui faire une pareille adresse, il répondroit à la chambre basse en termes +si décisifs et si fermes qu'on ne retourneroit pas à lui faire une pareille +adresse. La manière dont sa majesté Britannique s'explique produisit son +effet hier matin; et la chambre basse rejeta tout d'une voix ce que avoit +été résolu en comité le jour auparavant.</span>"</p> + +<p class="footnote">The only man who behaved with distinguished spirit in this wretched +parliament was one in whose political life there is little else to praise, Sir +Edward Seymour. He opposed the grant of the revenues for life, and +spoke strongly against the illegal practices in the elections. Fox, 90, 93.</p> + +<p class="footnote"><a name="Footnote_80" id="Footnote_80" href="#FNanchor_80"><span class="label">[80]</span></a> + Fox, Appendix, p. 156. "Provided always, and be it further enacted, +that if any peer of this realm, or member of the House of Commons, shall +move or propose in either house of parliament the disherison of the rightful +and true heir of the Crown, or to alter or change the descent or succession +of the Crown in the right line; such offence shall be deemed and adjudged +high treason, and every person being indicted and convicted of such +treason, shall be proceeded against, and shall suffer and forfeit as in other +cases of high treason mentioned in this act."</p> + +<p class="footnote">See what Lord Lonsdale says (p. 8) of this bill, which he, among others, +contrived to weaken by provisoes, so that it was given up.</p> + +<p class="footnote"><a name="Footnote_81" id="Footnote_81" href="#FNanchor_81"><span class="label">[81]</span></a> + <i>Parl. Hist.</i> 1372. The king's speech had evidently shown that the +supply was only demanded for this purpose. The speaker, on presenting +the bill for settling the revenue in the former session, claimed it as a merit +that they had not inserted any appropriating clauses. <i>Parl. Hist.</i> 1359.</p> + +<p class="footnote"><a name="Footnote_82" id="Footnote_82" href="#FNanchor_82"><span class="label">[82]</span></a> + Reresby, p. 110; Barillon, in Fox's Appendix, pp. 93, 127, etc. <span lang="fr" xml:lang="fr">Le +feu roi d'Angleterre et celui-ci m'ont souvent dit, qu'un gouvernement ne +peut subsister avec une telle loi.</span> Dalrymple, p. 171.</p> + +<p class="footnote"><a name="Footnote_83" id="Footnote_83" href="#FNanchor_83"><span class="label">[83]</span></a> + This opinion has been well supported by Mr. Serjeant Heywood +(<i>Vindication of Mr. Fox's History</i>, p. 154). In some few of Barillon's +letters to the King of France, he speaks of James's intention <span lang="fr" xml:lang="fr">établir la +religion catholique</span>; but these perhaps might be explained by a far greater +number of passages, where he says only établir le libre exercice de la +religion catholique, and by the general tenor of his correspondence. But +though the primary object was toleration, I have no doubt but that they +conceived this was to end in establishment. See what Barillon says (p. 84); +though the legal reasoning is false, as might be expected from a foreigner. +It must at all events be admitted that the conduct of the king after the +formation of the catholic junto in 1686, demonstrates an intention of +overthrowing the Anglican establishment.</p> + +<p class="footnote"><a name="Footnote_84" id="Footnote_84" href="#FNanchor_84"><span class="label">[84]</span></a> + "<span lang="fr" xml:lang="fr">Il [le roy] me répondit à ce que je venois de dire, que je connoissois +le fond de ses intentions pour l'établissement de la religion catholique; +qu'il n'esperoit en venir à bout que par l'assistance de V. M.; que je +voyois qu'il venoit de donner des emplois dans ses troupes aux catholiques +aussi bien qu'aux protestans; que cette égalité fâchoit beaucoup de gens, +mais qu'il n'avoit pas laissé passer une occasion si importante sans s'en +prévaloir; qu'il feroit de même à l'égard des choses practicables, et que +je voyois plus clair sur cela dans ses desseins que ses propres ministres, +s'en étant souvent ouvert avec moi sans reserve.</span>"—P. 104. In a second +conversation immediately afterwards, the king repeated, "<span lang="fr" xml:lang="fr">que je connoissois +le fond de ses desseins, et que je pouvois répondre que tout son +but étoit d'établir la religion catholique; qu'il ne perdroit aucune occasion +de la faire ... que peu à peu il va à son but, et que ce qu'il fait presentement +emporte nécessairement l'exercice libre de la religion catholique, qui +se trouvera établi avant qu'un acte de parlement l'autorise; que je connoissois +assez l'Angleterre pour savoir que la possibilité d'avoir des emplois +et des charges fera plus de catholiques que la permission de dire des messes +publiques; que cependant il s'attendoit que V. M. ne l'abandonneroit pas," +etc. P. 106. Sunderland entered on the same subject, saying, "Je ne sais +pas si l'on voit en France les choses comme elles sont ici; mais je défie +ceux qui les voyent de près de ne pas connoître que le roy mon maître n'a +rien dans le cœur si avant que l'envie d'établir la religion catholique; qu'il +ne peut même, selon le bon sens et la droite raison, avoir d'autre but; que +sans cela il ne sera jamais en sûreté, et sera toujours exposé au zèle indiscret +de ceux qui échaufferont les peuples contre la catholicité, tant qu'elle ne +sera pas <i>plus</i> pleinement établie; il y a une autre chose certaine, c'est que +ce plan là ne peut réussir que par un concert et une liaison étroite avec le +roi votre maître; c'est un projet qui ne peut convenir qu'à lui, ni réussir +que par lui. Toutes les autres puissances s'y opposeront ouvertement, +ou le traverseront sous main. On sait bien que cela ne convient point au +Prince d'Orange; mais s'il ne sera pas en état de l'empêcher si on veut +se conduire en France comme il est nécessaire, c'est-à-dire ménager l'amitié +du roy d'Angleterre, et le contenir dans son projet. Je vois clairement +l'appréhension que beaucoup de gens ont d'une liaison avec la France, et +les efforts qu'on fait pour l'affoiblir; mais cela ne sera au pouvoir de +personne, si on n'en a pas envie ce France; c'est sur quoi il faut que vous +vouz expliquiez nettement, que vous fassiez connoître que le roi votre +maître veut aider de bonne foi le roi d'Angleterre à établir fermement la +religion catholique.</span>"</p> + +<p class="footnote">The word <i>plus</i> in the above passage is not in Dalrymple's extract from +this letter. Vol. ii. part ii. pp. 174, 187. Yet for omitting this word +Serjeant Heywood (not having attended to Dalrymple), censures Mr. Rose +as if it had been done purposely. <i>Vindic. of Fox</i>, p. 154. But this is not +quite judicious or equitable, since another critic might suggest that it +was purposely interpolated. No one of common candour would suspect +this of Mr. Fox; but his copyist, I presume, was not infallible. The word +<i>plus</i> is evidently incorrect. The catholic religion was not established at +all in any possible sense; what room could there be for the comparative? +M. Mazure, who has more lately perused the letters of Barillon at Paris, +prints the passage without <i>plus</i>. <i>Hist. de la Révol.</i> ii. 36. Certainly the +whole conversation here ascribed to Sunderland points at something far +beyond the free exercise of the Roman catholic religion.</p> + +<p class="footnote"><a name="Footnote_85" id="Footnote_85" href="#FNanchor_85"><span class="label">[85]</span></a> + It is curious to remark that both James and Louis considered the +re-establishment of the catholic religion and of the royal authority as +closely connected, and parts of one great system. Barillon in Fox, +Append. 19, 57; Mazure, i. 346. Mr. Fox maintains (<i>Hist.</i> p. 102) that +the great object of the former was absolute power rather than the interests +of popery. Doubtless if James had been a protestant, his encroachments +on the rights of his subjects would not have been less than they were, +though not exactly of the same nature; but the main object of his reign +can hardly be denied to have been either the full toleration, or the national +establishment of the church of Rome. Mr. Fox's remark must, at all +events, be limited to the year 1685.</p> + +<p class="footnote"><a name="Footnote_86" id="Footnote_86" href="#FNanchor_86"><span class="label">[86]</span></a> + Fox, Appendix, p. 33; Ralph, 869. The prosecution of Baxter for +what was called reflecting on the bishops, is an instance of this. <i>State +Trials</i>, ii. 494. Notwithstanding James's affected zeal for toleration, he +did not scruple to congratulate Louis on the success of his very different +mode of converting heretics. Yet I rather believe him to have been really +averse to persecution; though with true Stuart insincerity he chose to +flatter his patron. Dalrymple, p. 177. A book by Claude, published in +Holland, entitled <i><span lang="fr" xml:lang="fr">Plaintes des Protestans cruellement opprimés dans le +royaume de France</span></i>, was ordered to be burned by the hangman, on the +complaint of the French ambassador, and the translator and printer +to be enquired after and prosecuted. <i>Lond. Gazette</i>, May 8, 1686. Jefferies +objected to this in council as unusual; but the king was determined to +gratify his most christian brother. Mazure, ii. 122. It is said also that +one of the reasons for the disgrace of Lord Halifax was his speaking warmly +about the revocation of the edict of Nantes. <i>Id.</i> p. 55. Yet James sometimes +blamed this himself, so as to displease Louis. <i>Id.</i> p. 56. In fact, +it very much tended to obstruct his own views for the establishment of a +religion which had just shown itself in so odious a form. For this reason, +though a brief was read in churches for the sufferers, special directions +were given that there should be no sermon. It is even said that he took +on himself the distribution of the money collected for the refugees, in order +to stop the subscription; or at least that his interference had that effect. +The enthusiasm for the French protestants was such that single persons +subscribed 500 or 1000 pounds; which, relatively to the opulence of the +kingdom, almost equals any munificence of this age. <i>Id.</i> p. 123.</p> + +<p class="footnote"><a name="Footnote_87" id="Footnote_87" href="#FNanchor_87"><span class="label">[87]</span></a> + It is well known that the House of Commons, in 1685, would not pass +the bill for reversing Lord Stafford's attainder, against which a few peers +had entered a very spirited protest. <i>Parl. Hist.</i> 1361. Barillon says, this +was "<span lang="fr" xml:lang="fr">parce que dans le préambule il y a des mots insérés qui semblent +favoriser la religion catholique; cela seul a retardé la rehabilitation du +Comte de Stafford dont tous sont d'accord à l'égard du fond.</span>" Fox, App. +p. 110. But there was another reason which might have weight. Stafford +had been convicted on the evidence, not only of Oates, who had been lately +found guilty of perjury, but of several other witnesses, especially Dugdale +and Turberville. And these men had been brought forward by the +government against Lord Shaftesbury and College, the latter of whom +had been hanged on their testimony. The reversal of Lord Stafford's +attainder, just as we now think it, would have been a disgrace to these +Crown prosecutions; and a conscientious tory would be loth to vote for it.</p> + +<p class="footnote"><a name="Footnote_88" id="Footnote_88" href="#FNanchor_88"><span class="label">[88]</span></a> + "In all the disputes relating to that mystery before the civil wars, +the church of England protestant writers owned the real presence, and +only abstracted from the <i>modus</i> or manner of Christ's body being present +in the eucharist, and therefore durst not say but it might be there by +transubstantiation as well as by any other way.... It was only of +late years that such principles have crept into the church of England; +which, having been blown into the parliament house, had raised continual +tumults about religion ever since. Those unlearned and fanatical notions +were never heard of till Doctor Stillingfleet's late invention of them, by +which he exposed himself to the lash, not only of the Roman catholics, +but to that of many of the church of England controvertists too." <i>Life +of James</i>, ii. 146.</p> + +<p class="footnote"><a name="Footnote_89" id="Footnote_89" href="#FNanchor_89"><span class="label">[89]</span></a> + See <i>London Gazettes</i>, 1685, <i>passim</i>: the most remarkable are inserted +by Ralph and Kennet. I am sure the addresses which we have witnessed +in this age among a neighbouring people are not on the whole more fulsome +and disgraceful. Addresses, however, of all descriptions, as we well know, +are generally the composition of some zealous individual, whose expressions +are not to be taken as entirely those of the subscribers. Still these +are sufficient to manifest the general spirit of the times.</p> + +<p class="footnote">The king's popularity at his accession, which all contemporary writers +attest, is strongly expressed by Lord Lonsdale. "The great interest he +had in his brother, so that all applications to the king seemed to succeed +only as he favoured them, and the general opinion of him to be a prince +steady above all others to his word, made him at that time the most +popular prince that had been known in England for a long time. And +from men's attempting to exclude him, they, at this juncture of time, +made him their darling; no more was his religion terrible; his magnanimous +courage, and the hardships he had undergone, were the discourse of +all men. And some reports of a misunderstanding betwixt the French +king and him, occasioned originally by the marriage of the Lady Mary to +the Prince of Orange, industriously spread abroad to amuse the ignorant, +put men in hopes of what they had long wished; that, by a conjunction +of Holland and Spain, etc., we might have been able to reduce France +to the terms of the Pyrenean treaty, which was now become the terror +of Christendom, we never having had a prince for many ages that had so +great a reputation for experience and a martial spirit."—P. 3. This last +sentence is a truly amusing contrast to the real truth; James having been, +in his brother's reign, the most obsequious and unhesitating servant of the +French king.</p> + +<p class="footnote"><a name="Footnote_90" id="Footnote_90" href="#FNanchor_90"><span class="label">[90]</span></a> + "<span lang="fr" xml:lang="fr">On voit qu'insensiblement les Catholiques auront les armes à la +main; c'est un état bien différent de l'oppression où ils étoient, et dont +les protestans zélés recoivent une grande mortification; ils voyent bien +que le roy d'Angleterre fera le reste quand il le pourra. La levée des +troupes, qui seront bientot complettes, fait juger que le roy d'Angleterre +veut être en état de se faire obéir, et de n'être pas gêné par les loix qui se +trouveront contraires à ce qu'il veut établir.</span>" Barillon in Fox's Appendix, +111. "<span lang="fr" xml:lang="fr">Il me paroit (he says, June 25), que le roy d'Angleterre a été fort +aisé d'avoir une prétexte de lever des troupes, et qu'il croit que l'entreprise +de M. le duc de Monmouth ne servira qu'à le rendre plus maître de sons +pays.</span>" And on July 30: "<span lang="fr" xml:lang="fr">le projet du roy d'Angleterre est d'abolir +entièrement les milices, dont il a reconnu l'inutilité et le danger en cette +dernière occasion; et de faire, s'il est possible, que le parlement établisse +le fond destiné pour les milices à l'entretien des troupes réglées. Tout cela +change entièrement l'état de ce pays ici, et met les Anglois dans une +condition bien différente de celle où ils ont été jusques à present. Ils le +connoissent, et voyent bien qu'un roy de différente religion que celle du +pays, et qui se trouve armé, ne renoncera pas aisément aux avantages que +lui donne la défaite des rebelles, et les troupes qu'il a sur pied." And +afterwards: "Le roi d'Angleterre m'a dit que quoiqu'il arrive, il conservera +les troupes sur pied, quand même le parlement ne lui donneroit pour les +entretenir. Il connoit bien que le parlement verra mal volontiers cet +établissement; mais il veut être assuré du dedans de son pays, et il croit +ne le pouvoir être sans cela.</span>" Dalrymple, 169, 170.</p> + +<p class="footnote"><a name="Footnote_91" id="Footnote_91" href="#FNanchor_91"><span class="label">[91]</span></a> + Fox's App. 69; Dalrymple, 153.</p> + +<p class="footnote"><a name="Footnote_92" id="Footnote_92" href="#FNanchor_92"><span class="label">[92]</span></a> + It had been the intention of Sunderland and the others to dissolve +parliament, as soon as the revenue for life should be settled, and to rely +in future on the assistance of France. Fox's App. 59, 60; Mazure, i. 432. +But this was prevented, partly by the sudden invasion of Monmouth, +which made a new session necessary, and gave hopes of a large supply for +the army; and partly by the unwillingness of the King of France to +advance as much money as the English government wanted. In fact, the +plan of continual prorogations answered as well.</p> + +<p class="footnote"><a name="Footnote_93" id="Footnote_93" href="#FNanchor_93"><span class="label">[93]</span></a> + Journals, Nov. 14. Barillon says that the king answered this humble +address, "<span lang="fr" xml:lang="fr">avec des marques de fierté et de colère sur le visage, qui faisoit +assez connôitre ses sentimens.</span>" Dalrymple, 172. See too his letter in +Fox, 139.</p> + +<p class="footnote">A motion was made to ask the Lords' concurrence in this address, which, +according to the journals, was lost by 212 to 138. In the <i>Life of James</i>, +ii. 55, it is said that it was carried against the motion by only four voices; +and this I find confirmed by a manuscript account of the debates (Sloane +MSS. 1470), which gives the numbers 212 to 208. The journal probably +is mis-printed, as the court and country parties were very equal. It is +said in this manuscript, that those who opposed the address, opposed also +the motion for requesting the Lords' concurrence in it; but James represents +it otherwise, as a device of the court to quash the proceeding.</p> + +<p class="footnote"><a name="Footnote_94" id="Footnote_94" href="#FNanchor_94"><span class="label">[94]</span></a> + Coke, 12 Rep. 18.</p> + +<p class="footnote"><a name="Footnote_95" id="Footnote_95" href="#FNanchor_95"><span class="label">[95]</span></a> + Vaughan's Reports; Thomas <i>v.</i> Sorrell, 333.</p> + +<p class="footnote"><a name="Footnote_96" id="Footnote_96" href="#FNanchor_96"><span class="label">[96]</span></a> + Burnet and others. This hardly appears by Northey's argument.</p> + +<p class="footnote"><a name="Footnote_97" id="Footnote_97" href="#FNanchor_97"><span class="label">[97]</span></a> + <i>State Trials</i>, xi. 1165-1280; 2 Shower's <i>Reports</i>, 475.</p> + +<p class="footnote"><a name="Footnote_98" id="Footnote_98" href="#FNanchor_98"><span class="label">[98]</span></a> + The dissentient judge was Street; and Powell doubted. The king +had privately secured this opinion of the bench in his favour before the +action was brought. <i>Life of James</i>, ii. 79.</p> + +<p class="footnote"><a name="Footnote_99" id="Footnote_99" href="#FNanchor_99"><span class="label">[99]</span></a> + <i>State Trials</i>, xi. 1132 <i>et seq.</i> The members of the commission were the +primate Sancroft (who never sat), Crew and Sprat, Bishops of Durham and +Rochester the chancellor Jefferies, the Earls of Rochester and Sunderland, +and Chief-Justice Herbert. Three were to form a quorum, but the +chancellor necessarily to be one. Ralph, 929. The Earl of Mulgrave was +introduced afterwards.</p> + +<p class="footnote"><a name="Footnote_100" id="Footnote_100" href="#FNanchor_100"><span class="label">[100]</span></a> + Mazure, ii. 130.</p> + +<p class="footnote"><a name="Footnote_101" id="Footnote_101" href="#FNanchor_101"><span class="label">[101]</span></a> + Henry Earl of Clarendon's papers, ii. 278. In Gutch's <i>Collectanea +Curiosa</i>, vol. i. p. 287, we find not only this license to Massey, but one to +Obadiah Walker, master of University College, and to two fellows of the +same, and one of Brazen-nose College, to absent themselves from church, +and not to take the oaths of supremacy and allegiance, or do any other +thing to which, by the laws and statutes of the realm, or those of the +college, they are obliged. There is also, in the same book, a dispensation +for one Sclater, curate of Putney, and rector of Esher, from using the +common prayer, etc., etc. <i>Id.</i> p. 290. These are in May 1686, and subscribed +by Powis, the solicitor-general. The attorney-general, Sawyer, +had refused; as we learn from Reresby, p. 133, the only contemporary +writer, perhaps, who mentions this very remarkable aggression on the +established church.</p> + +<p class="footnote"><a name="Footnote_102" id="Footnote_102" href="#FNanchor_102"><span class="label">[102]</span></a> + The catholic lords, according to Barillon, had represented to the king, +that nothing could be done with parliament so long as the treasurer +caballed against the designs of his majesty. James promised to dismiss +him if he did not change his religion. Mazure, ii. 170. The queen had +previously been rendered his enemy by the arts of Sunderland, who +persuaded her that Lord and Lady Rochester had favoured the king's +intimacy with the Countess of Dorchester in order to thwart the popish +intrigue. <i>Id.</i> 149. "<span lang="fr" xml:lang="fr">On voit,</span>" says Barillon, on the treasurer's dismissal, +"<span lang="fr" xml:lang="fr">que la cabale catholique a entièrement prevalu. On s'attendoit depuis +quelque temps à ce qui est arrivé au comte de Rochester; mais l'exécution +fait encore une nouvelle impression sur les esprits.</span>"—P. 181.</p> + +<p class="footnote"><a name="Footnote_103" id="Footnote_103" href="#FNanchor_103"><span class="label">[103]</span></a> + <i>Life of James</i>, 74. Barillon frequently mentions this cabal, as having +in effect the whole conduct of affairs in their hands. Sunderland belonged +to them; but Jefferies, being reckoned on the protestant side, had, I +believe, very little influence for at least the two latter years of the king's +reign. "<span lang="fr" xml:lang="fr">Les affaires de ce pays-ci," says Bonrepos, in 1686, "ne roulent +à présent que sur la religion. Le roi est absolument gouverné par les +catholiques. My Lord Sunderland ne se maintient que par ceux-ci, et par +son dévouement à faire tout ce qu'il croit être agréable sur ce point. Il a +le secret des affaires de Rome.</span>" Mazure, ii. 124. "<span lang="fr" xml:lang="fr">On feroit ici,</span>" says +Barillon, the same year, "<span lang="fr" xml:lang="fr">ce que on fait en France</span>" [that is, I suppose, +<span lang="fr" xml:lang="fr">dragonner et fusilier les hérétiques</span>] "<span lang="fr" xml:lang="fr">si l'on pouvoit espérer de réussir.</span>"—P. +127.</p> + +<p class="footnote"><a name="Footnote_104" id="Footnote_104" href="#FNanchor_104"><span class="label">[104]</span></a> + Rochester makes so very bad a figure in all Barillon's correspondence, +that there really seems no want of candour in this supposition. He was +evidently the most active co-operator in the connection of both the +brothers with France, and seems to have had as few compunctious visitings, +where the church of England was not concerned, as Sunderland himself. +Godolphin was too much implicated, at least by acquiescence, in the +counsels of this reign; yet we find him suspected of not wishing "<span lang="fr" xml:lang="fr">se passer +entièrement de parlement, et à rompre nettement avec le prince d'Orange.</span>" +Fox, Append, p. 60.</p> + +<p class="footnote">If Rochester had gone over to the Romanists, many, probably, would +have followed: on the other hand, his steadiness retained the wavering. +It was one of the first great disappointments with which the king met. +But his dismissal from the treasury created a sensible alarm. Dalrymple, +179.</p> + +<p class="footnote"><a name="Footnote_105" id="Footnote_105" href="#FNanchor_105"><span class="label">[105]</span></a> + Lord Dartmouth wrote to say that Fletcher told him there were good +grounds to suspect that the prince, underhand, encouraged the expedition, +with design to ruin the Duke of Monmouth; and this Dalrymple believes. +P. 136. It is needless to observe, that such subtle and hazardous policy +was totally out of William's character; nor is there much more reason to +believe what is insinuated by James himself (Macpherson's <i>Extracts</i>, p. 144; +<i>Life of James</i>, ii. 34), that Sunderland had been in secret correspondence +with Monmouth; unless indeed it were, as seems hinted in the latter work, +with the king's knowledge.</p> + +<p class="footnote"><a name="Footnote_106" id="Footnote_106" href="#FNanchor_106"><span class="label">[106]</span></a> + The number of persons who suffered the sentence of the law, in the +famous western assize of Jefferies, has been differently stated; but +according to a list in the Harleian Collection, n. 4689, it appears to be as +follows: at Winchester, one (Mrs. Lisle) executed; at Salisbury, none; at +Dorchester, 74 executed, 171 transported; at Exeter, 14 executed, +7 transported; at Taunton, 144 executed, 284 transported; at Wells, 97 +executed, 393 transported. In all, 330 executed, 855 transported; besides +many that were left in custody for want of evidence. It may be observed, +that the prisoners sentenced to transportation appear to have been made +over to some gentlemen of interest at court; among others, to Sir Christopher +Musgrave, who did not blush to beg the grant of their unfortunate +countrymen, to be sold as slaves in the colonies.</p> + +<p class="footnote">The apologists of James II. have endeavoured to lay the entire blame +of these cruelties on Jefferies, and to represent the king as ignorant of them. +Roger North tells a story of his brother's interference, which is plainly +contradicted by known dates, and the falsehood of which throws just +suspicion on his numerous anecdotes. See <i>State Trials</i>, xi. 303. But the +king speaks with apparent approbation of what he calls Jefferies's campaign, +in writing to the Prince of Orange (Dalrymple, 165); and I have +heard that there are extant additional proofs of his perfect acquaintance +with the details of those assizes; nor, indeed, can he be supposed ignorant +of them. Jefferies himself, before his death, declared that he had not +been half bloody enough for him by whom he was employed. Burnet, 651 +(note to Oxford edition, vol. iii.). The king, or his biographer in his behalf, +makes a very awkward apology for the execution of Major Holmes, which +is shown by himself to have been a gross breach of faith. <i>Life of James</i>, +ii. 43.</p> + +<p class="footnote">It is unnecessary to dwell on what may be found in every history: the +trials of Mrs. Lisle, Mrs. Gaunt, and Alderman Cornish; the former before +Jefferies, the two latter before Jones, his successor as chief justice of K. B., +a judge nearly as infamous as the former, though not altogether so brutal. +Both Mrs. Lisle's and Cornish's convictions were without evidence, and +consequently were reversed after the revolution. <i>State Trials</i>, vol. xi.</p> + +<p class="footnote"><a name="Footnote_107" id="Footnote_107" href="#FNanchor_107"><span class="label">[107]</span></a> + Several proofs of this appear in the correspondence of Barillon. Fox, +135; Mazure, ii. 22. The nuncio, M. d'Adda, was a moderate man, and +united with the moderate catholic peers, Bellasis, Arundel, and Powis. +<i>Id.</i> 127. This party urged the king to keep on good terms with the Prince +of Orange, and to give way about the test. <i>Id.</i> 184, 255. They were +disgusted at Father Petre's introduction into the privy council; 308, 353. +But it has ever been the misfortune of that respectable body to suffer +unjustly for the follies of a few. Barillon admits, very early in James's +reign, that many of them disliked the arbitrary proceedings of the court; +"<span lang="fr" xml:lang="fr">ils prétendent être bons Anglois, c'est-à-dire, ne pas désirer que le roi +d'Angleterre ôte à la nation ses privilèges et ses libertés.</span>" Mazure, i. 404.</p> + +<p class="footnote">William openly declared his willingness to concur in taking off the penal +laws, provided the test might remain. Burnet, 694; Dalrymple, 184; +Mazure, ii. 216, 250, 346. James replied that he must have all or nothing. +<i>Id.</i> 353.</p> + +<p class="footnote"><a name="Footnote_108" id="Footnote_108" href="#FNanchor_108"><span class="label">[108]</span></a> + I do not know that this intrigue has been brought to light before the +recent valuable publication of M. Mazure, certainly not with such full +evidence. See i. 417; ii. 128, 160, 165, 167, 182, 188, 192. Barillon says +to his master in one place: "<span lang="fr" xml:lang="fr">C'est une matière fort délicate à traiter. Je +sais pourtant qu'on en parle au roi d'Angleterre; et qu'avec le temps on +ne désespère pas de trouver des moyens pour faire passer la couronne sur +la tête d'un heritier catholique. Il faut pour cela venir à bout de beaucoup +des choses qui ne sont encore que commencées.</span>"</p> + +<p class="footnote"><a name="Footnote_109" id="Footnote_109" href="#FNanchor_109"><span class="label">[109]</span></a> + Burnet, Dalrymple, Mazure.</p> + +<p class="footnote"><a name="Footnote_110" id="Footnote_110" href="#FNanchor_110"><span class="label">[110]</span></a> + The correspondence began by an affectedly obscure letter of Lady +Sunderland to the Prince of Orange, dated March 7, 1687. Dalrymple, +187. The meaning, however, cannot be misunderstood. Sunderland +himself sent a short letter of compliment by Dykvelt, May 28, referring to +what that envoy had to communicate. Churchill, Nottingham, Rochester, +Devonshire, and others, wrote also by Dykvelt. Halifax was in correspondence +at the end of 1686.</p> + +<p class="footnote"><a name="Footnote_111" id="Footnote_111" href="#FNanchor_111"><span class="label">[111]</span></a> + Sunderland does not appear, by the extracts from Barillon's letters +published by M. Mazure, to have been the adviser of the king's most +injudicious measures. He was united with the queen, who had more +moderation than her husband. It is said by Barillon that both he and +Petre were against the prosecution of the bishops, ii. 448. The king +himself ascribes this step to Jefferies, and seems to glance also at Sunderland +as its adviser. <i>Life of James</i>, ii. 156. He speaks more explicitly as to +Jefferies in Macpherson's <i>Extracts</i>, 151. Yet Lord Clarendon's <i>Diary</i>, +ii. 49, tends to acquit Jefferies. Probably the king had nobody to blame +but himself. One cause of Sunderland's continuance in the apparent +support of a policy which he knew to be destructive was his poverty. He +was in the pay of France, and even importunate for its money. Mazure, +372; Dalrymple, 270 <i>et post</i>. Louis only gave him half what he demanded. +Without the blindest submission to the king, he was every moment falling; +and this drove him in to a step as injudicious as it was unprincipled, his +pretended change of religion, which was not publicly made till June 1688, +though he had been privately reconciled, it is said (Mazure, ii. 463) more +than a year before by Father Petre.</p> + +<p class="footnote"><a name="Footnote_112" id="Footnote_112" href="#FNanchor_112"><span class="label">[112]</span></a> + "This defection of those his majesty had hitherto put the greatest +confidence in [Clarendon and Rochester], and the sullen disposition of the +church of England party in general, made him think it necessary to +reconcile another; and yet he hoped to do it in such a manner as not to +disgust quite the church-man neither." <i>Life of James</i>, ii. 102.</p> + +<p class="footnote"><a name="Footnote_113" id="Footnote_113" href="#FNanchor_113"><span class="label">[113]</span></a> + <i>London Gazette</i>, March 18, 1687; Ralph, 945.</p> + +<p class="footnote"><a name="Footnote_114" id="Footnote_114" href="#FNanchor_114"><span class="label">[114]</span></a> + Ralph, 943; Mazure, ii. 207.</p> + +<p class="footnote"><a name="Footnote_115" id="Footnote_115" href="#FNanchor_115"><span class="label">[115]</span></a> + <i>London Gazette</i>, June 9, 1687. Shower had been knighted a little +before, on presenting, as recorder of London, an address from the grand +jury of Middlesex, thanking the king for his declaration. <i>Id.</i> May 12.</p> + +<p class="footnote"><a name="Footnote_116" id="Footnote_116" href="#FNanchor_116"><span class="label">[116]</span></a> + <i>London Gazette</i> of 1687 and 1688, <i>passim</i>; Ralph, 946, 368. These +addresses grew more ardent after the queen's pregnancy became known. +They were renewed of course, after the birth of the Prince of Wales. But +scarce any appear after the expected invasion was announced. The Tories +(to whom add the dissenters) seem to have thrown off the mask at once, +and deserted the king whom they had so grossly flattered, as instantaneously +as parasites on the stage desert their patron on the first tidings of his ruin.</p> + +<p class="footnote">The dissenters have been a little ashamed of their compliance with the +declaration, and of their silence in the popish controversy during this +reign. Neal, 755, 768; and see <i>Biogr. Brit.</i> art. Alsop. The best excuses +are, that they had been so harassed that it was not in human nature to +refuse a mitigation of suffering on almost any terms; that they were by +no means unanimous in their transitory support of the court; and that +they gladly embraced the first offers of an equal indulgence held out to +them by the church.</p> + +<p class="footnote"><a name="Footnote_117" id="Footnote_117" href="#FNanchor_117"><span class="label">[117]</span></a> + "The king now finding that nothing which had the least appearance +of novelty, though never so well warranted by the prerogative, would go +down with the people, unless it had the parliamentary stamp on it, resolved +to try if he could get the penal laws and test taken off by that authority." +<i>Life of James</i>, ii. 134. But it seems by M. Mazure's authorities, that +neither the king nor Lord Sunderland wished to convoke a parliament, +which was pressed forward by the eager catholics, ii. 399.</p> + +<p class="footnote"><a name="Footnote_118" id="Footnote_118" href="#FNanchor_118"><span class="label">[118]</span></a> + <i>Life of James</i>, p. 139.</p> + +<p class="footnote"><a name="Footnote_119" id="Footnote_119" href="#FNanchor_119"><span class="label">[119]</span></a> + Ralph, 965, 966. The object was to let in the dissenters. This was +evidently a desperate game: James had ever mortally hated the sectaries +as enemies to monarchy; and they were irreconcilably adverse to all his +schemes.</p> + +<p class="footnote"><a name="Footnote_120" id="Footnote_120" href="#FNanchor_120"><span class="label">[120]</span></a> + Burnet; <i>Life of James</i>, 169; D'Oyly's <i>Life of Sancroft</i>, i. 326. Lord +Halifax, as is supposed, published a letter of advice to the dissenters, +warning them against a coalition with the court, and promising all +indulgence from the church. Ralph, 950; <i>Somers Tracts</i>, viii. 50.</p> + +<p class="footnote"><a name="Footnote_121" id="Footnote_121" href="#FNanchor_121"><span class="label">[121]</span></a> + Ralph, 967; Lonsdale, p. 15. "It is to be observed," says the author +of this memoir, "that most part of the offices in the nation, as justices of +the peace, deputy-lieutenants, mayors, aldermen, and freemen of towns, +are filled with Roman catholics and dissenters, after having suffered as +many regulations as were necessary for that purpose. And thus stands +the state of this nation in this month of September 1688."—P. 34. Notice +is given in the <i>London Gazette</i> for December 11, 1687, that the lists of +justices and deputy-lieutenants would be revised.</p> + +<p class="footnote"><a name="Footnote_122" id="Footnote_122" href="#FNanchor_122"><span class="label">[122]</span></a> + <i>Life of James</i>, 183.</p> + +<p class="footnote"><a name="Footnote_123" id="Footnote_123" href="#FNanchor_123"><span class="label">[123]</span></a> + Mazure, ii. 302.</p> + +<p class="footnote"><a name="Footnote_124" id="Footnote_124" href="#FNanchor_124"><span class="label">[124]</span></a> + The reader will find almost everything relative to the subject in that +incomparable repertory, the <i>State Trials</i>, xii. 1; also some notes in the +Oxford edition of Burnet.</p> + +<p class="footnote"><a name="Footnote_125" id="Footnote_125" href="#FNanchor_125"><span class="label">[125]</span></a> + Parker's <i>Reasons for Abrogating the Test</i> are written in such a tone +as to make his readiness to abandon the protestant side very manifest, +even if the common anecdotes of him should be exaggerated.</p> + +<p class="footnote"><a name="Footnote_126" id="Footnote_126" href="#FNanchor_126"><span class="label">[126]</span></a> + It seems, however, confirmed by Mazure, ii. 390, with the addition, +that Petre, like a second Wolsey, aspired also to be chancellor. The pope, +however, would not make him a bishop, against the rules of the order of +jesuits to which he belonged. <i>Id.</i> 241. James then tried, through Lord +Castlemain, to get him a cardinal's hat, but with as little success.</p> + +<p class="footnote"><a name="Footnote_127" id="Footnote_127" href="#FNanchor_127"><span class="label">[127]</span></a> + "Above twenty years together," says Sir Roger L'Estrange, perhaps +himself a disguised catholic, in his reply to the reasons of the clergy of +the diocese of Oxford against petitioning (<i>Somers Tracts</i>, viii. 45), "without +any regard to the nobility, gentry, and commonalty, our clergy have been +publishing to the world that the king can do greater things than are done +in his declaration; but now the scene is altered, and they are become more +concerned to maintain their reputation even with the commonalty than +with the king." See also in the same volume, p. 19. "A remonstrance +from the church of England to both houses of parliament," 1685; and +p. 145, "A new test of the church of England's loyalty;" both, especially +the latter, bitterly reproaching her members for their apostacy from former +professions.</p> + +<p class="footnote"><a name="Footnote_128" id="Footnote_128" href="#FNanchor_128"><span class="label">[128]</span></a> + Ralph, 982.</p> + +<p class="footnote"><a name="Footnote_129" id="Footnote_129" href="#FNanchor_129"><span class="label">[129]</span></a> + See <i>State Trials</i>, xii. 183; D'Oyly's <i>Life of Sancroft</i>, i. 250.</p> + +<p class="footnote"><a name="Footnote_130" id="Footnote_130" href="#FNanchor_130"><span class="label">[130]</span></a> + Fox, App. 29; Dalrymple, 107; Mazure, i. 396, 433.</p> + +<p class="footnote"><a name="Footnote_131" id="Footnote_131" href="#FNanchor_131"><span class="label">[131]</span></a> + Several proofs of this occur in the course of M. Mazure's work. When +the Dutch ambassador, Van Citers, showed him a paper, probably forged +to exasperate him, but purporting to be written by some catholics, wherein +it was said that it would be better for the people to be vassals of France +than slaves of the devil, he burst out into rage. "<span lang="fr" xml:lang="fr">Jamais! non, jamais! +je ne ferai rien qui me puisse mettre au dessous des rois de France et +d'Espagne. Vassal, vassal de la France!" s'écria-t-il avec emportement. +"Monsieur! si le parlement avoit voulu, s'il vouloit encore, j'aurois porté, +je porterois encore la monarchie a un de considération qu'elle n'a jamais +eu sous aucune des rois mes prédécesseurs, et votre état y trouveroit +peut-être sa propre sécurité.</span>'" Vol. ii. 165. Sunderland said to Barillon, +"<span lang="fr" xml:lang="fr">Le roi d'Angleterre se reproche de ne pas être en Europe tout ce qu'il +devoit être; et souvent il se plaint que le roi votre maître n'a pas pour lui +assez de considération.</span>" <i>Id.</i> 313. On the other hand, Louis was much +mortified that James made so few applications for his aid. His hope seems +to have been that by means of French troops, or troops at least in his pay, +he should get a footing in England; and this was what the other was too +proud and jealous to permit. "<span lang="fr" xml:lang="fr">Comme le roi,</span>" he said, in 1687, "<span lang="fr" xml:lang="fr">ne +doute pas de mon affection et du désir que j'ai de voir la religion catholique +bien établie en Angleterre, il faut croire qu'il se trouve assez de force et +d'autorité pour exécuter ses desseins, puis-qu'il n'a pas recours à moi.</span>"—P. 258; +also 174, 225, 320.</p> + +<p class="footnote"><a name="Footnote_132" id="Footnote_132" href="#FNanchor_132"><span class="label">[132]</span></a> + James affected the same ceremonial as the King of France, and received +the latter's ambassador sitting and covered. Louis only said, smiling, +"<span lang="fr" xml:lang="fr">Le roi mon frère est fier, mais il aime assez les pistoles de France.</span>" +Mazure, i. 423. A more extraordinary trait of James's pride is mentioned +by Dangeau, whom I quote from the <i>Quarterly Review</i>, xix. 470. After +his retirement to St. Germains, he wore violets in court mourning; which, +by etiquette, was confined to the kings of France. The courtiers were a +little astonished to see <i>solem geminum</i>, though not at a loss where to +worship. Louis, of course, had too much magnanimity to express resentment. +But what a picture of littleness of spirit does this exhibit in a +wretched pauper, who could only escape by the most contemptible insignificance +the charge of most ungrateful insolence!</p> + +<p class="footnote"><a name="Footnote_133" id="Footnote_133" href="#FNanchor_133"><span class="label">[133]</span></a> + Mazure, iii. 50. James was so much out of humour at D'Avaux's +interference, that he asked his confidents, "if the King of France thought +he could treat him like the cardinal of Furstenburg," a creature of Louis +XIV. whom he had set up for the electorate of Cologne. <i>Id.</i> 69. He was +in short so much displeased with his own ambassador at the Hague, +Skelton, for giving into his declaration of D'Avaux, that he not only recalled +but sent him to the Tower. Burnet is therefore mistaken (p. 768) in +believing that there was actually an alliance, though it was very natural +that he should give credit to what an ambassador asserted in a matter +of such importance. In fact, a treaty was signed between James and +Louis, Sept. 13, by which some French ships were to be under the former's +orders. Mazure, iii. 67.</p> + +<p class="footnote"><a name="Footnote_134" id="Footnote_134" href="#FNanchor_134"><span class="label">[134]</span></a> + Louis continued to find money, though despising James and disgusted +with him, probably with a view to his own grand interests. He should, +nevertheless, have declared war against Holland in October, which must +have put a stop to the armament. But he had discovered that James +with extreme meanness had privately offered, about the end of September, +to join the alliance against him as the only resource. This wretched +action is first brought to light by M. Mazure, iii. 104. He excused himself +to the King of France by an assurance that he was not acting sincerely +towards Holland. Louis, though he gave up his intention of declaring +war, behaved with great magnanimity and compassion towards the falling +bigot.</p> + +<p class="footnote"><a name="Footnote_135" id="Footnote_135" href="#FNanchor_135"><span class="label">[135]</span></a> + Halifax all along discouraged the invasion, pointing out that the king +made no progress in his schemes. Dalrymple, <i>passim</i>. Nottingham said +he would keep the secret, but could not be a party to a treasonable undertaking. +<i>Id.</i> 228; Burnet, 764; and wrote as late as July to advise delay +and caution. Notwithstanding the splendid success of the opposite +counsels, it would be judging too servilely by the event not to admit that +they were tremendously hazardous.</p> + +<p class="footnote"><a name="Footnote_136" id="Footnote_136" href="#FNanchor_136"><span class="label">[136]</span></a> + The invitation to William seems to have been in debate some time +before the Prince of Wales's birth; but it does not follow that it would +have been despatched if the queen had borne a daughter; nor do I think +that it should have been.</p> + +<p class="footnote"><a name="Footnote_137" id="Footnote_137" href="#FNanchor_137"><span class="label">[137]</span></a> + Ralph, 980; Mazure, ii. 367.</p> + +<p class="footnote"><a name="Footnote_138" id="Footnote_138" href="#FNanchor_138"><span class="label">[138]</span></a> + Dalrymple, 216, 228. The prince was urged in the memorial of the +seven to declare the fraud of the queen's pregnancy to be one of the +grounds of his expedition. He did this: and it is the only part of his +declaration that is false.</p> + +<p class="footnote"><a name="Footnote_139" id="Footnote_139" href="#FNanchor_139"><span class="label">[139]</span></a> + <i>State Trials</i>, xii. 151. Mary put some very sensible questions to her +sister, which show her desire of reaching the truth in so important a matter. +They were answered in a style which shows that Anne did not mean to +lessen her sister's suspicions. Dalrymple, 305. Her conversation with +Lord Clarendon on this subject, after the depositions had been taken, is +a proof that she had made up her mind not to be convinced. Henry +Earl of Clarendon's <i>Diary</i>, 77, 79; <i>State Trials</i>, ubi supra.</p> + +<p class="footnote"><a name="Footnote_140" id="Footnote_140" href="#FNanchor_140"><span class="label">[140]</span></a> + M. Mazure has collected all the passages in the letters of Barillon and +Bonrepos to the court of France relative to the queen's pregnancy (ii. 366); +and those relative to the birth of the Prince of Wales. P. 547. It is to +be observed that this took place more than a month before the time +expected.</p> + +<p class="footnote"><a name="Footnote_141" id="Footnote_141" href="#FNanchor_141"><span class="label">[141]</span></a> + Montesquieu.</p> + +<p class="footnote"><a name="Footnote_142" id="Footnote_142" href="#FNanchor_142"><span class="label">[142]</span></a> + Some short pamphlets, written at this juncture to excite sympathy +for the king, and disapprobation of the course pursued with respect to +him, are in the Somers Collection, vol. ix. But this force put upon their +sovereign first wounded the consciences of Sancroft and the other bishops, +who had hitherto done as much as in their station they well could to ruin +the king's cause and paralyse his arms. Several modern writers have +endeavoured to throw an interest about James at the moment of his fall, +either from a lurking predilection for all legitimately crowned heads, or +from a notion that it becomes a generous historian to excite compassion +for the unfortunate. There can be no objection to pitying James, if this +feeling is kept unmingled with any blame of those who were the instruments +of this misfortune. It was highly expedient for the good of this +country, because the revolution settlement could not otherwise be attained, +to work on James's sense of his deserted state by intimidation; and for that +purpose the order conveyed by three of his own subjects, perhaps with +some rudeness of manner, to leave Whitehall was necessary. The drift of +several accounts of the revolution that may be read is to hold forth +Mulgrave, Craven, Arran, and Dundee to admiration, at the expense of +William and of those who achieved the great consolidation of English +liberty.</p> + +<p class="footnote"><a name="Footnote_143" id="Footnote_143" href="#FNanchor_143"><span class="label">[143]</span></a> + <i>Parl. Hist.</i> v. 26. The former address on the king's first quitting +London, signed by the peers and bishops, who met at Guildhall, Dec. 11, +did not, in express terms, desire the Prince of Orange to assume the +government, or to call a parliament, though it evidently tended to that +result, censuring the king and extolling the prince's conduct. <i>Id.</i> 19. It +was signed by the archbishop, his last public act. Burnet has exposed +himself to the lash of Ralph by stating this address of Dec. 11 incorrectly.</p> + +<p class="footnote"><a name="Footnote_144" id="Footnote_144" href="#FNanchor_144"><span class="label">[144]</span></a> + Commons' Journals; <i>Parl. Hist.</i></p> + +<p class="footnote"><a name="Footnote_145" id="Footnote_145" href="#FNanchor_145"><span class="label">[145]</span></a> + Somerville and several other writers have not accurately stated the +question; and suppose the Lords to have debated whether the throne, +on the hypothesis of its vacancy, should be filled by a king or a regent. +Such a mode of putting the question would have been absurd. I observe +that M. Mazure has been deceived by these authorities.</p> + +<p class="footnote"><a name="Footnote_146" id="Footnote_146" href="#FNanchor_146"><span class="label">[146]</span></a> + <i>Parl. Hist.</i> 61. The chief speakers on this side were old Sir Thomas +Clarges, brother-in-law of General Monk, who had been distinguished as +an opponent of administration under Charles and James, and Mr. Finch, +brother of Lord Nottingham, who had been solicitor-general to Charles, +but was removed in the late reign.</p> + +<p class="footnote"><a name="Footnote_147" id="Footnote_147" href="#FNanchor_147"><span class="label">[147]</span></a> + James is called "the late king" in a resolution of the Lords on Feb. 2.</p> + +<p class="footnote"><a name="Footnote_148" id="Footnote_148" href="#FNanchor_148"><span class="label">[148]</span></a> + 13 Car. II. c. i.; 17 Car. II. c. ii.</p> + +<p class="footnote"><a name="Footnote_149" id="Footnote_149" href="#FNanchor_149"><span class="label">[149]</span></a> + This was carried by sixty-two to forty-seven, according to Lord +Clarendon; several of the tories going over, and others who had been +hitherto absent coming down to vote. Forty peers protested, including +twelve bishops, out of seventeen present. Trelawney, who had voted +against the regency, was one of them; but not Compton, Lloyd of St. +Asaph, Crewe, Sprat, or Hall; the three former, I believe, being in the +majority. Lloyd had been absent when the vote passed against a regency, +out of unwillingness to disagree with the majority of his brethren; but he +was entirely of Burnet's mind. The votes of the bishops are not accurately +stated in most books; which has induced me to mention them here. +Lords' Journals, Feb. 6.</p> + +<p class="footnote"><a name="Footnote_150" id="Footnote_150" href="#FNanchor_150"><span class="label">[150]</span></a> + It had been resolved, Jan. 29, that before the committee proceed to +fill the throne now vacant, they will proceed to secure our religion, laws, +and liberties.</p> + +<p class="footnote"><a name="Footnote_151" id="Footnote_151" href="#FNanchor_151"><span class="label">[151]</span></a> + See Burnet's remarkable conversation with Bentinck, wherein the +former warmly opposed the settlement of the crown on the Prince of +Orange alone, as Halifax had suggested. But nothing in it is more +remarkable than that the bishop does not perceive that this was virtually +done; for it would be difficult to prove that Mary's royalty differed at all +from that of a queen consort, except in having her name in the style. She +was exactly in the same predicament as Philip had been during his marriage +with Mary I. Her admirable temper made her acquiesce in this exclusion +from power, which the sterner character of her husband demanded; and +with respect to the conduct of the convention, it must be observed that +the nation owed her no particular debt of gratitude, nor had she any better +claim than her sister to fill a throne by election, which had been declared +vacant. In fact, there was no middle course between what was done, and +following the precedent of Philip, as to which Bentinck said, he fancied the +Prince would not like to be his wife's gentleman usher; for a divided +sovereignty was a monstrous and impracticable expedient in theory, +however the submissive disposition of the queen might have prevented its +mischiefs. Burnet seems to have had a puzzled view of this; for he says +afterwards, "it seemed to be a double-bottomed monarchy, where there +were two joint sovereigns; but those who know the queen's temper and +principles had no apprehensions of divided counsels, or of a distracted +government." Vol. ii. 2. The convention had not trusted to the queen's +temper and principles. It required a distinct act of parliament (2 W. and +M. c. 6) to enable her to exercise the regal power during the king's absence +from England.</p> + +<p class="footnote"><a name="Footnote_152" id="Footnote_152" href="#FNanchor_152"><span class="label">[152]</span></a> + <i>Parl. Hist.</i> v. 54.</p> + +<p class="footnote"><a name="Footnote_153" id="Footnote_153" href="#FNanchor_153"><span class="label">[153]</span></a> + <i>Parl. Hist.</i> v. 108.</p> + +<p class="footnote"><a name="Footnote_154" id="Footnote_154" href="#FNanchor_154"><span class="label">[154]</span></a> + Journals, 11 and 12 Feb. 1688-9.</p> + +<p class="footnote"><a name="Footnote_155" id="Footnote_155" href="#FNanchor_155"><span class="label">[155]</span></a> + <i>Parl. Hist.</i> 345.</p> + +<p class="footnote"><a name="Footnote_156" id="Footnote_156" href="#FNanchor_156"><span class="label">[156]</span></a> + Lords' Journals, 22 Nov. 1689.</p> + +<p class="footnote"><a name="Footnote_157" id="Footnote_157" href="#FNanchor_157"><span class="label">[157]</span></a> + The guards retained out of the old army disbanded at the king's return, +have been already mentioned to have amounted to about 5000 men; +though some assert their number at first to have been considerably less. +No objection seems to have been made at the time to the continuance of +these regiments. But in 1667, on the insult offered to the coasts by the +Dutch fleet, a great panic arising, 12,000 fresh troops were hastily levied. +The Commons, on July 25, came to an unanimous resolution, that his +majesty be humbly desired by such members as are his privy council, that +when a peace is concluded, the new-raised forces be disbanded. The king, +four days after, in a speech to both houses, said, "he wondered what one +thing he had done since his coming into England, to persuade any sober +person that he did intend to govern by a standing army; he said he was +more an Englishman than to do so. He desired, for as much as concerned +him, to preserve the laws," etc. <i>Parl. Hist.</i> iv. 363. Next session the two +houses thanked him for having disbanded the late raised forces. <i>Id.</i> 369. +But in 1673, during the second Dutch war, a considerable force having +been levied, the House of Commons, after a warm debate, resolved (Nov. 3) +that a standing army was a grievance. <i>Id.</i> 604. And on February following, +that the continuing of any standing forces in this nation, other than +the militia, is a great grievance and vexation to the people; and that this +house do humbly petition his majesty to cause immediately to be disbanded +that part of them that were raised since Jan. 1, 1663. <i>Id.</i> 665. This was +done not long afterwards; but early in 1678, on the pretext of entering +into a war with France, he suddenly raised an army of 20,000 men or more, +according to some accounts, which gave so much alarm to the parliament, +that they would only vote supplies on condition that these troops should +be immediately disbanded. <i>Id.</i> 985. The king, however, employed the +money without doing so; and maintained, in the next session, that it had +been necessary to keep them on foot; intimating at the same time, that he +was now willing to comply, if the house thought it expedient to disband +the troops; which they accordingly voted, with unanimity, to be necessary +for the safety of his majesty's person, and preservation of the peace of +the government. Nov. 25. <i>Id.</i> 1049. James showed, in his speech to +parliament (Nov. 9, 1685) that he intended to keep on foot a standing army. +<i>Id.</i> 1371. But, though that House of Commons was very differently +composed from those in his brother's reign, and voted as large a supply +as the king required, they resolved that a bill be brought in to render the +militia more useful; an oblique and timid hint of their disapprobation of +a regular force, against which several members had spoken.</p> + +<p class="footnote">I do not find that any one, even in debate, goes the length of denying +that the king might, by his prerogative, maintain a regular army; none +at least of the resolutions in the Commons can be said to have that effect.</p> + +<p class="footnote"><a name="Footnote_158" id="Footnote_158" href="#FNanchor_158"><span class="label">[158]</span></a> + It is expressly against the petition of right, to quarter troops on the +citizens, or to inflict any punishment by martial law. No court martial, +in fact, can have any coercive jurisdiction except by statute; unless we +should resort to the old tribunal of the constable and marshal. And that +this was admitted, even in bad times, we may learn by an odd case in Sir +Thomas Jones's <i>Reports</i>, 147 (Pasch. 33 Car. 2, 1681). An action was +brought for assault and false imprisonment. The defendant pleaded that +he was lieutenant-governor of the isle of Scilly, and that the plaintiff was +a soldier belonging to the garrison, and that it was the ancient custom of +the castle, that if any soldier refused to render obedience, the governor +might punish him by imprisonment for a reasonable time; which he had +therefore done. The plaintiff demurred, and had judgment in his favour. +By demurring, he put it to the court to determine, whether this plea, +which is obviously fabricated in order to cover the want of any general +right to maintain discipline in this manner, were valid in point of law; +which they decided, as it appears, in the negative.</p> + +<p class="footnote">In the next reign, however, an attempt was made to punish deserters +capitally, not by a court martial, but on the authority of an ancient act of +parliament. Chief-Justice Herbert is said to have resigned his place in +the King's Bench rather than come into this. Wright succeeded him; +and two deserters, having been convicted, were executed in London. +Ralph, 961. I cannot discover that there was anything illegal in the +proceeding; and therefore question a little Herbert's motive. See +3 Inst. 96.</p> + +<p class="footnote"><a name="Footnote_159" id="Footnote_159" href="#FNanchor_159"><span class="label">[159]</span></a> + See several in the <i>Somers Tracts</i>, vol. x. One of these, a "Letter to +a Member of the Convention," by Dr. Sherlock, is very ably written: and +puts all the consequences of a change of government, as to popular dissatisfaction, +etc., much as they turned out, though, of course, failing to +show that a treaty with the king would be less open to objection. Sherlock +declined for a time to take the oaths; but, complying afterwards, and +writing in vindication, or at least excuse, of the revolution, incurred the +hostility of the Jacobites, and impaired his own reputation by so interested +a want of consistency; for he had been the most eminent champion of +passive obedience. Even the distinction he found out, of the lawfulness +of allegiance to a king <i>de facto</i>, was contrary to his former doctrine.</p> + +<p class="footnote"><a name="Footnote_160" id="Footnote_160" href="#FNanchor_160"><span class="label">[160]</span></a> + 1 W. & M. c. 8.</p> + +<p class="footnote"><a name="Footnote_161" id="Footnote_161" href="#FNanchor_161"><span class="label">[161]</span></a> + The necessity of excluding men so conscientious, and several of whom +had very recently sustained so conspicuously the brunt of the battle against +King James, was very painful; and motives of policy, as well as generosity, +were not wanting in favour of some indulgence towards them. On the +other hand, it was dangerous to admit such a reflection on the new settlement, +as would be cast by its enemies, if the clergy, especially the bishops, +should be excused from the oath of allegiance. The House of Lords +made an amendment in the act requiring this oath, dispensing with it in +the case of ecclesiastical persons, unless they should be called upon by the +privy-council. This, it was thought, would furnish a security for their +peaceable demeanour, without shocking the people and occasioning a dangerous +schism. But the Commons resolutely opposed this amendment, +as an unfair distinction, and derogatory to the king's title. <i>Parl. Hist.</i> 218; +Lords' Journals, 17 April 1689. The clergy, however, had six months more +time allowed them, in order to take the oath, than the possessors of lay +offices.</p> + +<p class="footnote">Upon the whole, I think the reasons for deprivation greatly preponderated. +Public prayers for the king by name form part of our liturgy; +and it was surely impossible to dispense with the clergy's reading them, +which was as obnoxious as the oath of allegiance. Thus the beneficed +priests must have been excluded; and it was hardly required to make an +exception for the sake of a few bishops, even if difficulties of the same kind +would not have occurred in the exercise of their jurisdiction, which hangs +upon, and has a perpetual reference to, the supremacy of the Crown.</p> + +<p class="footnote">The king was empowered to reserve a third part of the value of their +benefices to any twelve of the recusant clergy. 1 W. & M. c. 8, s. 16. +But this could only be done at the expense of their successors; and the +behaviour of the nonjurors, who strained every nerve in favour of the +dethroned king, did not recommend them to the government. The +deprived bishops, though many of them through their late behaviour were +deservedly esteemed, cannot be reckoned among the eminent characters of +our church for learning or capacity. Sancroft, the most distinguished of +them, had not made any remarkable figure; and none of the rest had any +pretensions to literary credit. Those who filled their places were incomparably +superior. Among the non-juring clergy a certain number were +considerable men; but, upon the whole, the well-affected part of the +church, not only at the revolution, but for fifty years afterwards, contained +by far its most useful and able members. Yet the effect of this expulsion +was highly unfavourable to the new government; and it required all the +influence of a latitudinarian school of divinity, led by Locke, which was +very strong among the laity under William, to counteract it.</p> + +<p class="footnote"><a name="Footnote_162" id="Footnote_162" href="#FNanchor_162"><span class="label">[162]</span></a> + Burnet; Ralph, 174, 179.</p> + +<p class="footnote"><a name="Footnote_163" id="Footnote_163" href="#FNanchor_163"><span class="label">[163]</span></a> + The parliamentary debates are full of complaints as to the mismanagement +of all things in Ireland. These might be thought hasty or factious; +but Marshal Schomberg's letters to the king yield them strong confirmation. +Dalrymple, Appendix, 26, etc. William's resolution to take the Irish war +on himself saved not only that country but England. Our own constitution +was won on the Boyne. The star of the house of Stuart grew pale for +ever on that illustrious day, when James displayed again the pusillanimity +which had cost him his English crown. Yet the best friends of William +dissuaded him from going into Ireland, so imminent did the peril appear +at home. Dalrymple, <i>Id.</i> 97. "Things," says Burnet, "were in a very +ill disposition towards a fatal turn."</p> + +<p class="footnote"><a name="Footnote_164" id="Footnote_164" href="#FNanchor_164"><span class="label">[164]</span></a> + See the debates on this subject in the <i>Parliamentary History</i>, which is +a transcript from Anchitel Grey. The whigs, or at least some hot-headed +men among them, were certainly too much actuated by a vindictive spirit, +and consumed too much time on this necessary bill.</p> + +<p class="footnote"><a name="Footnote_165" id="Footnote_165" href="#FNanchor_165"><span class="label">[165]</span></a> + The prominent instance of Sawyer's delinquency, which caused his +expulsion, was his refusal of a writ of error to Sir Thomas Armstrong. +<i>Parl. Hist.</i> 516. It was notorious that Armstrong suffered by a legal +murder; and an attorney-general in such a case could not be reckoned as +free from personal responsibility as an ordinary advocate who maintains +a cause for his fee. The first resolution had been to give reparation out of +the estates of the judges and prosecutors to Armstrong's family; which +was, perhaps rightly, abandoned.</p> + +<p class="footnote">The House of Lords, who, having a power to examine upon oath, are +supposed to sift the truth in such enquiries better than the Commons, were +not remiss in endeavouring to bring the instruments of Stuart tyranny to +justice. Besides the committee appointed on the very second day of the +convention, 23 Jan. 1689, to investigate the supposed circumstances of +suspicion as to the death of Lord Essex (a committee renewed afterwards, +and formed of persons by no means likely to have abandoned any path +that might lead to the detection of guilt in the late king), another was +appointed in the second session of the same parliament (Lords' Journals, +2nd Nov. 1689) "to consider who were the advisers and prosecutors of the +<i>murders</i> of Lord Russell, Col. Sidney, Armstrong, Cornish, etc., and who +were the advisers of issuing out writs of <i><span lang="la" xml:lang="la">quo warrantos</span></i> against corporations, +and who were their regulators, and also who were the public assertors of +the dispensing power." The examinations taken before this committee +are printed in the Lords' Journals, 20th Dec. 1699; and there certainly +does not appear any want of zeal to convict the guilty. But neither the +law nor the proofs would serve them. They could establish nothing +against Dudley North, the tory sheriff of 1683, except that he had named +Lord Russell's panel himself; which, though irregular and doubtless +ill-designed, had unluckily a precedent in the conduct of the famous whig +sheriff, Slingsby Bethell; a man who, like North, though on the opposite +side, cared more for his party than for decency and justice. Lord Halifax +was a good deal hurt in character by this report; and never made a considerable +figure afterwards. Burnet, 34. His mortification led him to +engage in an intrigue with the late king, which was discovered; yet, I +suspect that, with his usual versatility, he again abandoned that cause +before his death. Ralph, 467. The act of grace (2 W. & M. c. 10) contained +a small number of exceptions, too many indeed for its name; but +probably there would have been difficulty in prevailing on the houses to +pass it generally; and no one was ever molested afterwards on account of +his conduct before the revolution.</p> + +<p class="footnote"><a name="Footnote_166" id="Footnote_166" href="#FNanchor_166"><span class="label">[166]</span></a> + <i>Parl. Hist.</i> 508 <i>et post</i>; Journals, 2nd and 10th Jan. 1689, 1690. +Burnet's account is confused and inaccurate, as is very commonly the case: +he trusted, I believe, almost entirely to his memory. Ralph and Somerville +are scarce ever candid towards the whigs in this reign.</p> + +<p class="footnote"><a name="Footnote_167" id="Footnote_167" href="#FNanchor_167"><span class="label">[167]</span></a> + <i>Parl. Hist.</i> 150.</p> + +<p class="footnote"><a name="Footnote_168" id="Footnote_168" href="#FNanchor_168"><span class="label">[168]</span></a> + Burnet, 13; Ralph, 138, 194. Some of the lawyers endeavoured to +persuade the house that the revenue having been granted to James for his +life, devolved to William during the natural life of the former; a technical +subtlety against the spirit of the grant. Somers seems not to have come +into this; but it is hard to collect the sense of speeches from Grey's +memoranda. <i>Parl. Hist.</i> 139. It is not to be understood that the tories +universally were in favour of a grant for life, and the whigs against it. +But as the latter were the majority, it was in their power, speaking of +them as a party, to have carried the measure.</p> + +<p class="footnote"><a name="Footnote_169" id="Footnote_169" href="#FNanchor_169"><span class="label">[169]</span></a> + <i>Parl. Hist.</i> 187.</p> + +<p class="footnote"><a name="Footnote_170" id="Footnote_170" href="#FNanchor_170"><span class="label">[170]</span></a> + <i>Parl. Hist.</i> 193.</p> + +<p class="footnote"><a name="Footnote_171" id="Footnote_171" href="#FNanchor_171"><span class="label">[171]</span></a> + <i>Parl. Hist.</i> iv. 1359.</p> + +<p class="footnote"><a name="Footnote_172" id="Footnote_172" href="#FNanchor_172"><span class="label">[172]</span></a> + Hatsell's <i>Precedents</i>, iii. 80 <i>et alibi</i>; Hargrave's <i>Juridical Arguments</i>, +i. 394.</p> + +<p class="footnote"><a name="Footnote_173" id="Footnote_173" href="#FNanchor_173"><span class="label">[173]</span></a> + 1 W. & M. sess. 2, c. 2. This was intended as a provisional act "for +the preventing all disputes and questions, concerning the collecting, +levying, and assuring the public revenue due and payable in the reigns of +the late kings Charles II. and James II., whilst the better settling the +same is under the consideration of the present parliament."</p> + +<p class="footnote"><a name="Footnote_174" id="Footnote_174" href="#FNanchor_174"><span class="label">[174]</span></a> + 2 W. & M. c. 3. As a mark of respect, no doubt, to the king and queen, +it was provided that, if both should die, the successor should only enjoy +this revenue of excise till December 1683. In the debate on this subject +in the new parliament, the tories, except Seymour, were for settling the +revenue during the king's life; but many whigs spoke on the other side. +<i>Parl. Hist.</i> 552. The latter justly urged that the amount of the revenue +ought to be well known before they proceed to settle it for an indefinite +time. The tories, at that time, had great hopes of the king's favour, and +took this method of securing it.</p> + +<p class="footnote"><a name="Footnote_175" id="Footnote_175" href="#FNanchor_175"><span class="label">[175]</span></a> + Burnet, 35.</p> + +<p class="footnote"><a name="Footnote_176" id="Footnote_176" href="#FNanchor_176"><span class="label">[176]</span></a> + See the <i>Somers Tracts</i>, but still more the collection of <i>State Tracts</i> in the +time of William III., in three volumes folio. These are almost entirely +on the whig side; and many of them, as I have intimated in the text, lean +so far toward republicanism as to assert the original sovereignty of the +people in very strong terms, and to propose various changes in the constitution, +such as a greater equality in the representation. But I have +not observed any one which recommends, even covertly, the abolition of +hereditary monarchy.</p> + +<p class="footnote"><a name="Footnote_177" id="Footnote_177" href="#FNanchor_177"><span class="label">[177]</span></a> + The sudden dissolution of this parliament cost him the hearts of those +who had made him king. Besides several temporary writings, especially +the "Impartial Inquiry" of the Earl of Warrington, an honest and intrepid +whig (Ralph, ii. 188), we have a letter from Mr. Wharton (afterwards +Marquis of Wharton) to the king, in Dalrymple, Appendix, p. 80, on the +change in his councils at this time, written in a strain of bold and bitter +expostulation, especially on the score of his employing those who had been +the servants of the late family, alluding probably to Godolphin, who was +indeed open to much exception. "I wish," says Lord Shrewsbury in the +same year, "you could have established your party upon the moderate +and honest-principled men of both factions; but, as there be a necessity of +declaring, I shall make no difficulty to own my sense that your majesty +and the government are much more safe depending upon the whigs, whose +designs, if any against, are improbable, and remoter, than with the tories, +who many of them, questionless, would bring in King James; and the very +best of them, I doubt, have a regency still in their heads; for, though I +agree them to be the properest instruments to carry the prerogative high, +yet I fear they have so unreasonable a veneration for monarchy, as not +altogether to approve the foundation yours is built upon." Shrewsbury +<i>Correspond.</i> 15.</p> + +<p class="footnote"><a name="Footnote_178" id="Footnote_178" href="#FNanchor_178"><span class="label">[178]</span></a> + <i>Parl. Hist</i>. 575; Ralph, 194; Burnet, 41. Two remarkable protests +were entered on the journals of the Lords on occasion of this bill; one by +the whigs, who were outnumbered on a particular division, and another +by the tories on the passing of the bill. They are both vehemently +expressed, and are among the not very numerous instances wherein the +original whig and tory principles have been opposed to each other. The +tory protest was expunged by order of the house. It is signed by eleven +peers and six bishops, among whom were Stillingfleet and Lloyd. The +whig protest has but ten signatures. The convention had already passed +an act for preventing doubts concerning their own authority (1 W. & M. +stat. 1, c. 1), which could of course have no more validity than they were +able to give it. This bill had been much opposed by the tories. <i>Parl. +Hist.</i> v. 122.</p> + +<p class="footnote">In order to make this clearer, it should be observed that the convention +which restored Charles II. not having been summoned by his writ, was +not reckoned by some royalist lawyers capable of passing valid acts; and +consequently all the statutes enacted by it were confirmed by the authority +of the next. Clarendon lays it down as undeniable that such confirmation +was necessary. Nevertheless, this objection having been made in the +court of King's Bench to one of their acts, the judges would not admit it +to be disputed; and said, that the act being made by King, Lords, and +Commons, they ought not now to pry into any defects of the circumstances +of calling them together, neither would they suffer a point to be stirred, +wherein the estates of so many were concerned. Heath <i>v.</i> Pryn, 1 Ventris, +15.</p> + +<p class="footnote"><a name="Footnote_179" id="Footnote_179" href="#FNanchor_179"><span class="label">[179]</span></a> + Great indulgence was shown to the assertors of indefeasible right. +The Lords resolved, that there should be no penalty in the bill to disable +any person from sitting and voting in either house of parliament. Journals, +May 5, 1690. The bill was rejected in the Commons by 192 to 178. +Journals, April 26; <i>Parl. Hist.</i> 594; Burnet, 41, <i>ibid.</i></p> + +<p class="footnote"><a name="Footnote_180" id="Footnote_180" href="#FNanchor_180"><span class="label">[180]</span></a> + Some English subjects took James's commission, and fitted out +privateers which attacked our ships. They were taken, and it was +resolved to try them as pirates; when Dr. Oldys, the king's advocate, had +the assurance to object that this could not be done, as if James had still +the prerogatives of a sovereign prince by the law of nations. He was of +course turned out, and the men hanged; but this is one instance among +many of the difficulty under which the government laboured through the +unfortunate distinction of <i>facto</i> and <i>jure</i>. Ralph, 423. The boards of +customs and excise were filled by Godolphin with Jacobites. <i>Shrewsb. +Corresp.</i> 51.</p> + +<p class="footnote"><a name="Footnote_181" id="Footnote_181" href="#FNanchor_181"><span class="label">[181]</span></a> + The name of Carmarthen is perpetually mentioned among those whom +the late king reckoned his friends. Macpherson's <i>Papers</i>, i. 457, etc. Yet +this conduct was so evidently against his interest that we may perhaps +believe him insincere. William was certainly well aware that an extensive +conspiracy had been formed against his throne. It was of great importance +to learn the persons involved in it and their schemes. May we +not presume that Lord Carmarthen's return to his ancient allegiance was +feigned, in order to get an insight into the secrets of that party? This has +already been conjectured by Somerville (p. 395) of Lord Sunderland, who +is also implicated by Macpherson's publication, and doubtless with higher +probability; for Sunderland, always a favourite of William, could not +without insanity have plotted the restoration of a prince he was supposed +to have betrayed. It is evident that William was perfectly master of the +cabals of St. Germain's. That little court knew it was betrayed; and the +suspicion fell on Lord Godolphin. Dalrymple, 189. But I think Sunderland +and Carmarthen more likely.</p> + +<p class="footnote">I should be inclined to suspect that by some of this double treachery the +secret of Princess Anne's repentant letter to her father reached William's +ears. She had come readily, or at least without opposition, into that part +of the settlement which postponed her succession after the death of Mary, +for the remainder of the king's life. It would indeed have been absurd to +expect that William was to descend from his throne in her favour; and +her opposition could not have been of much avail. But, when the civil +list and revenue came to be settled, the tories made a violent effort to +secure an income of £70,000 a year to her and her husband. <i>Parl. Hist.</i> +492. As this on one hand seemed beyond all fair proportion to the income +of the Crown, so the whigs were hardly less unreasonable in contending +that she should depend altogether on the king's generosity; especially as +by letters patent in the late reign, which they affected to call in question, +she had a revenue of about £30,000. In the end, the house resolved to +address the king, that he would make the princess's income £50,000 in the +whole. This, however, left an irreconcilable enmity, which the artifices of +Marlborough and his wife were employed to aggravate. They were accustomed, +in the younger sister's little court, to speak of the queen with +severity, and of the king with rude and odious epithets. Marlborough, +however, went much farther. He brought that narrow and foolish woman +into his own dark intrigues with St. Germain's. She wrote to her father, +whom she had grossly, and almost openly, charged with imposing a +spurious child as Prince of Wales, supplicating his forgiveness, and professing +repentance for the part she had taken. <i>Life of James</i>, 476; +Macpherson's <i>Papers</i>, i. 241.</p> + +<p class="footnote">If this letter, as cannot seem improbable, became known to William, +we shall have a more satisfactory explanation of the queen's invincible +resentment toward her sister than can be found in any other part of their +history. Mary refused to see the princess on her death-bed; which shows +more bitterness than suited her mild and religious temper, if we look only +to the public squabbles about the Churchills as its motive. Burnet, +90; <i>Conduct of Duchess of Marlborough</i>, 41. But the queen must have +deeply felt the unhappy, though necessary, state of enmity in which +she was placed towards her father. She had borne a part in a great +and glorious enterprise, obedient to a woman's highest duty; and had +admirably performed those of the station to which she was called; +but still with some violation of natural sentiments, and some liability +to the reproach of those who do not fairly estimate the circumstances of +her situation:</p> + +<p class="footnote center"><span lang="la" xml:lang="la">Infelix! utcunque ferant ea facta minores.</span></p> + +<p class="footnote">Her sister, who had voluntarily trod the same path, who had misled her +into belief of her brother's illegitimacy, had now, from no real sense of +duty, but out of pique and weak compliance with cunning favourites, +solicited in a clandestine manner the late king's pardon, while his malediction +resounded in the ears of the queen. This feebleness and duplicity +made a sisterly friendship impossible.</p> + +<p class="footnote">As for Lord Marlborough, he was among the first, if we except some +Scots renegades, who abandoned the cause of the revolution. He had so +signally broken the ties of personal gratitude in his desertion of the king +on that occasion, that, according to the severe remark of Hume, his +conduct required for ever afterwards the most upright, the most disinterested, +and most public-spirited behaviour to render it justifiable. +What then must we think of it, if we find in the whole of this great man's +political life nothing but ambition and rapacity in his motives, nothing +but treachery and intrigue in his means! He betrayed and abandoned +James, because he could not rise in his favour without a sacrifice that he +did not care to make; he abandoned William and betrayed England, +because some obstacles stood yet in the way of his ambition. I do not +mean only, when I say that he betrayed England, that he was ready to lay +her independence and liberty at the feet of James II. and Louis XIV.; +but that in one memorable instance he communicated to the court of +St. Germain's, and through that to the court of Versailles, the secret of an +expedition against Brest, which failed in consequence with the loss of the +commander and eight hundred men. Dalrymple, iii. 13; <i>Life of James</i>, +522; Macpherson, i. 487. In short, his whole life was such a picture of +meanness and treachery that one must rate military services very high +indeed to preserve any esteem for his memory.</p> + +<p class="footnote">The private memoirs of James II. as well as the papers published by +Macpherson show us how little treason, and especially a double treason, +is thanked or trusted by those whom it pretends to serve. We see that +neither Churchill nor Russell obtained any confidence from the banished +king. Their motives were always suspected; and something more solid +than professions of loyalty was demanded, though at the expense of their +own credit. James could not forgive Russell for saying that, if the French +fleet came out, he must fight. Macpherson, i. 242. If Providence in its +wrath had visited this island once more with a Stuart restoration, we may +be sure that these perfidious apostates would have been no gainers by the +change.</p> + +<p class="footnote"><a name="Footnote_182" id="Footnote_182" href="#FNanchor_182"><span class="label">[182]</span></a> + During William's absence in Ireland in 1690, some of the whigs conducted +themselves in a manner to raise suspicions of their fidelity; as +appears by those most interesting letters of Mary published by Dalrymple, +which display her entire and devoted affection to a husband of cold and +sometimes harsh manners, but capable of deep and powerful attachment, +of which she was the chief object. I have heard that the late proprietor +of these royal letters was offended, but not judiciously, with their publication; +and that the black box of King William that contained them has +disappeared from Kensington. The names of the Duke of Bolton, his +son the Marquis of Winchester, the Earl of Monmouth, Lord Montagu, and +Major Wildman, occur as objects of the queen's or her minister's suspicion. +Dalrymple, Appendix, 107, etc. But Carmarthen was desirous to throw +odium on the whigs; and none of these, except on one occasion Lord +Winchester, appear to be mentioned in the Stuart Papers. Even Monmouth, +whose want both of principle and sound sense might cause reasonable +distrust, and who lay at different times of his life under this suspicion +of a Jacobite intrigue, is never mentioned in Macpherson, or any other +book of authority, within my recollection. Yet it is evident generally +that there was a disaffected party among the whigs, or, as in the Stuart +Papers they were called, republicans, who entertained the baseless project +of restoring James upon terms. These were chiefly what were called +compounders, to distinguish them from the thorough-paced royalists, or +old tories. One person whom we should least suspect is occasionally +spoken of as inclined to a king whom he had been ever conspicuous in +opposing—the Earl of Devonshire; but the Stuart agents often wrote +according to their wishes rather than their knowledge; and it seems hard +to believe what is not rendered probable by any part of his public conduct.</p> + +<p class="footnote"><a name="Footnote_183" id="Footnote_183" href="#FNanchor_183"><span class="label">[183]</span></a> + This fact apparently rests on good authority; it is repeatedly mentioned +in the Stuart Papers, and in the <i>Life of James</i>. Yet Shrewsbury's letter +to William, after Fenwick's accusation of him, seems hardly consistent +with the king's knowledge of the truth of that charge in its full extent. I +think that he served his master faithfully as secretary, at least after some +time, though his warm recommendation of Marlborough "who has been +with me since this news [the failure of the attack on Brest] to offer his +services with all the expressions of duty and fidelity imaginable" (<i>Shrewsbury +Correspondence</i>, 47), is somewhat suspicious, aware as he was of that +traitor's connections.</p> + +<p class="footnote"><a name="Footnote_184" id="Footnote_184" href="#FNanchor_184"><span class="label">[184]</span></a> + Commons' Journals, Nov. 28 <i>et post</i>; Dalrymple, iii. 11; Ralph, 346.</p> + +<p class="footnote"><a name="Footnote_185" id="Footnote_185" href="#FNanchor_185"><span class="label">[185]</span></a> + <i>Id.</i> Jan. 11, 1692-3.</p> + +<p class="footnote"><a name="Footnote_186" id="Footnote_186" href="#FNanchor_186"><span class="label">[186]</span></a> + Burnet says, "the elections of parliament (1690) went generally for +men who would probably have declared for King James, if they could have +known how to manage matters for him."—P. 41. This is quite an +exaggeration; though the tories, some of whom were at this time in place, +did certainly succeed in several divisions. But parties had now begun +to be split; the Jacobite tories voting with the malcontent whigs. Upon +the whole, this House of Commons, like the next which followed it, was +well affected to the revolution settlement and to public liberty. Whig +and tory were becoming little more than nicknames.</p> + +<p class="footnote"><a name="Footnote_187" id="Footnote_187" href="#FNanchor_187"><span class="label">[187]</span></a> + Macpherson's <i>State Papers</i>, i. 459. These were all tories, except three +or four. The great end James and his adherents had in view, was to +persuade Louis into an invasion of England; their representations therefore +are to be taken with much allowance, and in some cases we know them +to be false; as when James assures his brother of Versailles that three parts +at least in four of the English clergy had not taken the oaths to William. +<i>Id.</i> 409.</p> + +<p class="footnote"><a name="Footnote_188" id="Footnote_188" href="#FNanchor_188"><span class="label">[188]</span></a> + Macpherson, 433. <i>Somers Tracts</i>, xi. 94. This is a pamphlet of the +time, exposing the St. Germain faction, and James's unwillingness to +make concessions. It is confirmed by the most authentic documents.</p> + +<p class="footnote"><a name="Footnote_189" id="Footnote_189" href="#FNanchor_189"><span class="label">[189]</span></a> + Ralph, 350; <i>Somers Tracts</i>, x. 211.</p> + +<p class="footnote"><a name="Footnote_190" id="Footnote_190" href="#FNanchor_190"><span class="label">[190]</span></a> + Many of these Jacobite tracts are printed in the Somers Collection, +vol. x. The more we read of them, the more cause appears for thankfulness +that the nation escaped from such a furious party. They confess, in +general, very little error or misgovernment in James, but abound with +malignant calumnies on his successor. The name of Tullia is repeatedly +given to the mild and pious Mary. The best of these libels is styled +"Great Britain's just complaint" (p. 429), by Sir James Montgomery, the +false and fickle proto-apostate of whiggism. It is written with singular +vigour, and even elegance; and rather extenuates than denies the faults +of the late reign.</p> + +<p class="footnote"><a name="Footnote_191" id="Footnote_191" href="#FNanchor_191"><span class="label">[191]</span></a> + Ralph, 418. See the <i>Life of James</i>, 501. It contains chiefly an +absolute promise of pardon, a declaration that he would protect and +defend the church of England as established by law, and secure to its +members all the churches, universities, schools, and colleges, together with +its immunities, rights, and privileges, a promise not to dispense with the +test, and to leave the dispensing power in other matters to be explained +and limited by parliament, to give the royal assent to bills for frequent +parliaments, free elections, and impartial trials, and to confirm such laws +made under the present usurpation as should be tendered to him by +parliament. "The king," he says himself, "was sensible he should be +blamed by several of his friends for submitting to such hard terms; nor +was it to be wondered at, if those who knew not the true condition of his +affairs were scandalised at it; but after all he had nothing else to do."—P. +505. He was so little satisfied with the articles in this declaration +respecting the church of England, that he consulted several French and +English divines, all of whom, including Bossuet, after some difference, +came to an opinion that he could not in conscience undertake to protect +and defend an erroneous church. Their objection, however, seems to +have been rather to the expression than the plain sense; for they agreed +that he might promise to leave the protestant church in possession of its +endowments and privileges. Many too of the English Jacobites, especially +the non-juring bishops, were displeased with the declaration, as limiting +the prerogative; though it contained nothing which they were not +clamorous to obtain from William. P. 514. A decisive proof how little +that party cared for civil liberty, and how little would have satisfied them +at the revolution, if James had put the church out of danger! The next +paragraph is remarkable enough to be extracted for the better confirmation +of what I have just said. "By this the king saw he had out-shot himself +more ways than one in this declaration; and therefore what expedient he +would have found in case he had been restored, not to put a force either +upon his conscience or honour, does not appear, because it never came to +a trial; but this is certain, his church of England friends absolved him +beforehand, and sent him word, that if he considered the preamble, and +the very terms of the declaration, he was not bound to stand by it, or to +put it out verbatim as it was worded; that the changing some expressions +and ambiguous terms, so long as what was principally aimed at had been +kept to, could not be called a receding from his declaration, no more than +a new edition of a book can be counted a different work, though corrected +and amended. And indeed the preamble showed his promise was conditional, +which they not performing, the king could not be tied; for my +Lord Middleton had writ, that, if the king signed the declaration, those who +took it engaged to restore him in three or four months after; the king did +his part, but their failure must needs take off the king's future obligation."</p> + +<p class="footnote">In a Latin letter, the original of which is written in James's own hand, +to Innocent XII., dated from Dublin, Nov. 26, 1689, he declares himself +"<span lang="la" xml:lang="la">Catholicam fidem reducere in tria regna statuisse.</span>" <i>Somers Tracts</i>, x. +552. Though this may have been drawn up by a priest, I suppose the +king understood what he said. It appears also by Lord Balcarras's +<i>Memoir</i>, that Lord Melfort had drawn up the declaration as to indemnity +and indulgence in such a manner, that the king might break it whenever he +pleased. <i>Somers Tracts</i>, xi. 517.</p> + +<p class="footnote"><a name="Footnote_192" id="Footnote_192" href="#FNanchor_192"><span class="label">[192]</span></a> + The protestants were treated with neglect and jealousy, whatever +might have been their loyalty, at the court of James, as they were afterwards +as that of his son. The incorrigibility of this Stuart family is very +remarkable. Kennet, pp. 638 and 738, enumerates many instances. Sir +James Montgomery, the Earl of Middleton, and others, were shunned at +the court of St. Germain as guilty of this sole crime of heresy, unless we +add that of wishing for legal securities.</p> + +<p class="footnote"><a name="Footnote_193" id="Footnote_193" href="#FNanchor_193"><span class="label">[193]</span></a> + James himself explicitly denies, in the extracts from his <i>Life</i>, published +by Macpherson, all participation in the scheme of killing William, and says +that he had twice rejected proposals for bringing him off alive; though it +is not true that he speaks of the design with indignation, as some have +pretended. It was very natural, and very conformable to the principles +of kings, and others besides kings, in former times, that he should have +lent an ear to this project; and as to James's moral and religious character +it was not better than that of Clarendon, whom we know to have countenanced +similar designs for the assassination of Cromwell. In fact, the +received code of ethics has been improved in this respect. We may be +sure at least, that those who ran such a risk for James's sake expected to +be thanked and rewarded in the event of success. I cannot therefore agree +with Dalrymple, who says that nothing but the fury of party could have +exposed James to this suspicion. Though the proof seems very short of +conviction, there are some facts worthy of notice. 1. Burnet positively +charges the late king with privity to the conspiracy of Grandval, executed +in Flanders for a design on William's life, 1692 (p. 95); and this he does +with so much particularity, and so little hesitation, that he seems to have +drawn his information from high authority. The sentence of the court-martial +on Grandval also alludes to James's knowledge of the crime +(<i>Somers Tracts</i>, x. 580), and mentions expressions of his, which, though +not conclusive, would raise a strong presumption in any ordinary case. +2. William himself, in a memorial intended to have been delivered to the +ministers of all the allied powers at Ryswick, in answer to that of James +(<i>Id.</i> xi. 103; Ralph, 730), positively imputes to the latter repeated conspiracies +against his life; and he was incapable of saying what he did not +believe. In the same memorial he shows too much magnanimity to assert +that the birth of the Prince of Wales was an imposture. 3. A paper by +Charnock, undeniably one of the conspirators, addressed to James, contains +a marked allusion to William's possible death in a short time; which even +Macpherson calls a delicate mode of hinting the assassination-plot to him. +Macpherson, <i>State Papers</i>, i. 519. Compare also <i>State Trials</i>, xii. 1323, +1327, 1329. 4. Somerville, though a disbeliever in James's participation, +has a very curious quotation from Lamberti, tending to implicate Louis +XIV. (p. 428); and we can hardly suppose that he kept the other out of +the secret. Indeed, the crime is greater and less credible in Louis than in +James. But devout kings have odd notions of morality; and their +confessors, I suppose, much the same. I admit, as before, that the +evidence falls short of conviction; and that the verdict, in the language of +Scots law, should be Not Proven; but it is too much for our Stuart +apologists to treat the question as one absolutely determined. Documents +may yet appear that will change its aspect.</p> + +<p class="footnote">I leave the above paragraph as it was written before the publication of +M. Mazure's valuable <i>History of the Revolution</i>. He has therein brought +to light a commission of James to Crosby, in 1693, authorising and +requiring him "to seize and secure the person of the Prince of Orange, and +to bring him before us, taking to your assistance such other of our faithful +subjects in whom you may place confidence." <i>Hist. de la Révol.</i> iii. 443. +It is justly observed by M. Mazure, that Crosby might think no renewal of +his authority necessary in 1696 to do that which he had been required to +do in 1693. If we look attentively at James's own language, in Macpherson's +extracts, without much regarding the glosses of Innes, it will appear +that he does not deny in express terms that he had consented to the attempt +in 1696 to seize the Prince of Orange's person. In the commission to +Crosby he is required not only to do this, but <i>to bring him before the king</i>. +But is it possible to consider this language as anything else than an +euphemism for assassination?</p> + +<p class="footnote">Upon the whole evidence, therefore, I now think that James was privy +to the conspiracy, of which the natural and inevitable consequence must +have been foreseen by himself; but I leave the text as it stood, in order +to show that I have not been guided by any prejudice against his character.</p> + +<p class="footnote"><a name="Footnote_194" id="Footnote_194" href="#FNanchor_194"><span class="label">[194]</span></a> + <i>Parl. Hist.</i> 991. Fifteen peers and ninety-two commoners refused. +The names of the latter were circulated in a printed paper, which the house +voted to be a breach of their privilege, and destruction of the freedom and +liberties of parliament. Oct. 30, 1696. This, however, shows the unpopularity +of their opposition.</p> + +<p class="footnote"><a name="Footnote_195" id="Footnote_195" href="#FNanchor_195"><span class="label">[195]</span></a> + Burnet; see the notes on the Oxford edition. Ralph, 692. The +motion for bringing in the bill, Nov. 6, 1696, was carried by 169 to 61; +but this majority lessened at every stage: and the final division was only +189 to 156. In the Lords it passed by 68 to 61; several whigs, and even +the Duke of Devonshire, then lord steward, voting in the minority. <i>Parl. +Hist.</i> 996-1154. Marlborough probably made Prince George of Denmark +support the measure. <i>Shrewsbury Correspondence</i>, 449. Many remarkable +letters on the subject are to be found in this collection; but I warn the +reader against trusting any part of the volume except the letters themselves. +The editor has, in defiance of notorious facts, represented Sir +John Fenwick's disclosures as false; and twice charges him with prevarication +(p. 404), using the word without any knowledge of its sense, in +declining to answer questions put to him by members of the House of +Commons, which he could not have answered without inflaming the +animosity that sought his life.</p> + +<p class="footnote">It is said in a note of Lord Hardwicke on Burnet, that "the king, before +the session, had Sir John Fenwick brought to the cabinet council, where +he was present himself. But Sir John would not explain his paper." See +also <i>Shrewsbury Correspondence</i>, 419 <i>et post</i>. The truth was, that Fenwick, +having had his information at second-hand, could not prove his assertions, +and feared to make his case worse by repeating them.</p> + +<p class="footnote"><a name="Footnote_196" id="Footnote_196" href="#FNanchor_196"><span class="label">[196]</span></a> + Godolphin, who was then first commissioner of the treasury, not much +to the liking of the whigs, seems to have been tricked by Sunderland into +retiring from office on this occasion. <i>Id.</i> 415. Shrewsbury, secretary of +state, could hardly be restrained by the king and his own friends from +resigning the seals as soon as he knew of Fenwick's accusation. His +behaviour shows either a consciousness of guilt, or an inconceivable +cowardice. Yet at first he wrote to the king, pretending to mention +candidly all that had passed between him and the Earl of Middleton, which +in fact amounted to nothing. P. 147. This letter, however, seems to +show that a story which has been several times told, and is confirmed by +the biographer of James II. and by Macpherson's <i>Papers</i>, that William +compelled Shrewsbury to accept office in 1693, by letting him know that +he was aware of his connection with St. Germains, is not founded in truth. +He could hardly have written in such a style to the king with that fact in +his way. Monmouth, however, had some suspicion of it; as appears by +the hints he furnished to Sir J. Fenwick towards establishing the charges. +P. 450. Lord Dartmouth, full of inveterate prejudices against the king, +charges him with personal pique against Sir John Fenwick, and with +instigating members to vote for the bill. Yet it rather seems that he was, +at least for some time, by no means anxious for it. <i>Shrewsbury Correspondence</i>; +and compare Coxe's <i>Life of Marlborough</i>, i. 63.</p> + +<p class="footnote"><a name="Footnote_197" id="Footnote_197" href="#FNanchor_197"><span class="label">[197]</span></a> + <i>Life of James</i>, ii. 558.</p> + +<p class="footnote"><a name="Footnote_198" id="Footnote_198" href="#FNanchor_198"><span class="label">[198]</span></a> + The debt at the king's death amounted to £16,394,702, of which above +three millions were to expire in 1710. Sinclair's <i>Hist. of Revenue</i>, i. 425 +(third edition).</p> + +<p class="footnote">Of this sum £664,263 was incurred before the revolution, being a part +of the money of which Charles II. had robbed the public creditor by +shutting up the exchequer. Interest was paid upon this down to 1683, +when the king stopped it. The legislature ought undoubtedly to have +done justice more effectually and speedily than by passing an act in 1699, +which was not to take effect till December 25, 1705; from which time the +excise was charged with three per cent. interest on the principal sum of +£1,328,526, subject to be redeemed by payment of a moiety. No compensation +was given for the loss of so many years' interest. 12 & 13 W. 3, +c. 12, § 15; Sinclair, i. 397; <i>State Trials</i>, xiv. 1 <i>et post</i>. According to a +particular statement in <i>Somers Tracts</i>, xii. 383, the receipts of the exchequer, +including loans, during the whole reign of William, amounted to rather +more than £72,000,000. The author of the "Letter to the Rev. T. Carte," +in answer to the latter's "Letter to a Bystander," estimates the sums +raised under Charles II., from Christmas 1660 to Christmas 1684, at +£46,233,923. Carte had made them only £32,474,265. But his estimate +is evidently false and deceptive. Both reckon the gross produce, not the +exchequer payments. This controversy was about the year 1742. According +to Sinclair, <i>Hist. of Revenue</i>, i. 309, Carte had the last word; but I +cannot conceive how he answered the above-mentioned letter to him. +Whatever might be the relative expenditure of the two reigns, it is evident +that the war of 1689 was brought on, in a great measure, by the corrupt +policy of Charles II.</p> + +<p class="footnote"><a name="Footnote_199" id="Footnote_199" href="#FNanchor_199"><span class="label">[199]</span></a> + Davenant, "Essay on Ways and Means." In another of his tracts +(vol. ii. 266, edit. 1771) this writer computes the payments of the state in +1688 at one shilling in the pound of the national income; but after the +war at two shillings and sixpence.</p> + +<p class="footnote"><a name="Footnote_200" id="Footnote_200" href="#FNanchor_200"><span class="label">[200]</span></a> + Godfrey's "Short Account of Bank of England," in <i>Somers Tracts</i>, +xi. 5; Kennet's <i>Complete Hist.</i> iii. 723; Ralph, 681; <i>Shrewsbury Papers</i>; +Macpherson's <i>Annals of Commerce</i>, <span class="s08">A.D.</span> 1697; Sinclair's <i>Hist. of Revenue</i>.</p> + +<p class="footnote"><a name="Footnote_201" id="Footnote_201" href="#FNanchor_201"><span class="label">[201]</span></a> + "Nor is it true that the sea was neglected; for I think during much +the greater part of the war which began in 1689 we were entirely masters +of the sea, by our victory in 1692, which was only three years after it broke +out; so that for seven years we carried the <i>broom</i>. And for any neglect of +our sea affairs otherwise, I believe, I may in a few words prove that all +the princes since the Conquest never made so remarkable an improvement +to our naval strength as King William. He (Swift) should have been told, +if he did not know, what havoc the Dutch had made of our shipping in +King Charles the Second's reign; and that his successor, King James the +Second, had not in his whole navy, fitted out to defeat the designed +invasion of the Prince of Orange, an individual ship of the first or second +rank, which all lay neglected, and mere skeletons of former services, at +their moorings. These this abused prince repaired at an immense charge, +and brought them to their pristine magnificence." "Answer to Swift's +Conduct of the Allies," in <i>Somers Tracts</i>, xiii. 247.</p> + +<p class="footnote"><a name="Footnote_202" id="Footnote_202" href="#FNanchor_202"><span class="label">[202]</span></a> + Dalrymple has remarked the important consequences of this bold +measure; but we have learned only by the publication of Lord Shrewsbury's +<i>Correspondence</i>, that it originated with the king, and was carried +through by him against the mutinous remonstrances of Russell. See +pp. 68, 104, 202, 210, 234. This was a most odious man; as ill-tempered +and violent as he was perfidious. But the rudeness with which the +king was treated by some of his servants is very remarkable. Lord +Sunderland wrote to him at least with great bluntness. <i>Hardwicke +Papers</i>, 444.</p> + +<p class="footnote"><a name="Footnote_203" id="Footnote_203" href="#FNanchor_203"><span class="label">[203]</span></a> + The peace of Ryswick was absolutely necessary, not only on account +of the defection of the Duke of Savoy, and the manifest disadvantage with +which the allies carried on the war, but because public credit in England +was almost annihilated, and it was hardly possible to pay the army. The +extreme distress for money is forcibly displayed in some of the king's +letters to Lord Shrewsbury. P. 114, etc. These were in 1696, the very <i>nadir</i> +of English prosperity; from which, by the favour of Providence and the +buoyant energies of the nation, we have, though not quite with an uniform +motion, culminated to our present height (1824).</p> + +<p class="footnote">If the treaty could have been concluded on the basis originally laid down, +it would even have been honourable. But the French rose in their terms +during the negotiation; and through the selfishness of Austria obtained +Strasburgh, which they had at first offered to relinquish, and were very near +getting Luxemburg. <i>Shrewsbury Correspondence</i>, 316, etc. Still the terms +were better than those offered in 1693, which William has been censured +for refusing.</p> + +<p class="footnote"><a name="Footnote_204" id="Footnote_204" href="#FNanchor_204"><span class="label">[204]</span></a> + Moyle now published his "Argument, showing that a standing army +is inconsistent with a free government, and absolutely destructive to the +constitution of the English monarchy" (<i>State Tracts</i>, ii. 564); and Trenchard +his "History of Standing Armies in England." <i>Id.</i> 653. Other +pamphlets of a similar description may be found in the same volume.</p> + +<p class="footnote"><a name="Footnote_205" id="Footnote_205" href="#FNanchor_205"><span class="label">[205]</span></a> + Journals, 11th Dec. 1697; <i>Parl. Hist.</i> 1167.</p> + +<p class="footnote"><a name="Footnote_206" id="Footnote_206" href="#FNanchor_206"><span class="label">[206]</span></a> + Journals, 21st Dec. 1697; <i>Parl. Hist.</i> v. 1168. It was carried by +225 to 86.</p> + +<p class="footnote"><a name="Footnote_207" id="Footnote_207" href="#FNanchor_207"><span class="label">[207]</span></a> + "The elections fell generally," says Burnet, "on men who were in the +interest of government; many of them had indeed some popular notions, +which they had drank in under a bad government, and thought this ought +to keep them under a good one; so that those who wished well to the +public did apprehend great difficulties in managing them." Upon which +Speaker Onslow has a very proper note: "They might happen to think," +he says, "a good one might become a bad one, or a bad one might succeed +to a good one. They were the best men of the age, and were for maintaining +the revolution government by its own principles, and not by those +of a government it had superseded." "The elections," we read in a letter +of Mr. Montague, Aug. 1698, "have made a humour appear in the counties +that is not very comfortable to us who are in business. But yet after all, +the present members are such as will neither hurt England nor this government, +but I believe they must be handled very nicely." <i>Shrewsbury +Correspondence</i>, 551. This parliament, however, fell into a great mistake +about the reduction of the army; as Bolingbroke in his <i>Letters on History</i> +very candidly admits, though connected with those who had voted for it.</p> + +<p class="footnote"><a name="Footnote_208" id="Footnote_208" href="#FNanchor_208"><span class="label">[208]</span></a> + Journals, 17th Dec. 1698; <i>Parl. Hist.</i> 1191.</p> + +<p class="footnote"><a name="Footnote_209" id="Footnote_209" href="#FNanchor_209"><span class="label">[209]</span></a> + Journals, 10th Jan., 18th, 20th, and 25th March; Lords' Journals, +8th Feb.; <i>Parl. Hist.</i> 1167, 1191; Ralph, 808; Burnet, 219. It is now +beyond doubt that William had serious thoughts of quitting the government, +and retiring to Holland, sick of the faction and ingratitude of this +nation. <i>Shrewsbury Correspondence</i>, 571; <i>Hardwicke Papers</i>, 362. This +was in his character, and not like the vulgar story which that retailer of all +gossip, Dalrymple, calls a well-authenticated tradition, that the king +walked furiously round his room, exclaiming, "If I had a son, by G— the +guards should not leave me." It would be vain to ask how this son would +have enabled him to keep them against the bent of the parliament and +people.</p> + +<p class="footnote"><a name="Footnote_210" id="Footnote_210" href="#FNanchor_210"><span class="label">[210]</span></a> + The prodigality of William in grants to his favourites was an undeniable +reproach to his reign. Charles II. had, however, with much greater profuseness, +though much less blamed for it, given away almost all the Crown +lands in a few years after the restoration; and the Commons could not +now be prevailed upon to shake those grants, which was urged by the +court, in order to defeat the resumption of those in the present reign. The +length of time undoubtedly made a considerable difference. An enormous +grant of the Crown's domanial rights in North Wales to the Earl of +Portland excited much clamour in 1697, and produced a speech from +Mr. Price, afterwards a baron of the exchequer, which was much extolled +for its boldness, not rather to say, virulence and disaffection. This is +printed in <i>Parl. Hist.</i> 978, and many other books. The king, on an +address from the House of Commons, revoked the grant, which indeed +was not justifiable. His answer on this occasion, it may here be remarked, +was by its mildness and courtesy a striking contrast to the insolent rudeness +with which the Stuarts, one and all, had invariably treated the house. +Yet to this vomit were many wretches eager to return.</p> + +<p class="footnote"><a name="Footnote_211" id="Footnote_211" href="#FNanchor_211"><span class="label">[211]</span></a> + <i>Parl. Hist.</i> 1171, 1202, etc.; Ralph; Burnet; <i>Shrewsbury Correspondence</i>. +See also Davenant's "Essay on Grants and Resumptions," +and sundry pamphlets in <i>Somers Tracts</i>, vol. ii., and <i>State Tracts</i>, temp. +W. 3, vol. ii.</p> + +<p class="footnote"><a name="Footnote_212" id="Footnote_212" href="#FNanchor_212"><span class="label">[212]</span></a> + In Feb. 1692.</p> + +<p class="footnote"><a name="Footnote_213" id="Footnote_213" href="#FNanchor_213"><span class="label">[213]</span></a> + See the same authorities, especially the <i>Shrewsbury Letters</i>, p. 602.</p> + +<p class="footnote"><a name="Footnote_214" id="Footnote_214" href="#FNanchor_214"><span class="label">[214]</span></a> + Commons' Journals, June 1, Aug. 12.</p> + +<p class="footnote"><a name="Footnote_215" id="Footnote_215" href="#FNanchor_215"><span class="label">[215]</span></a> + <i>Id.</i> Nov. 1.</p> + +<p class="footnote"><a name="Footnote_216" id="Footnote_216" href="#FNanchor_216"><span class="label">[216]</span></a> + <i>Parl. Hist.</i> 657; Dalrymple; Commons' and Lords' Journals.</p> + +<p class="footnote"><a name="Footnote_217" id="Footnote_217" href="#FNanchor_217"><span class="label">[217]</span></a> + <i>Parl. Hist.</i> 793. Delaval and Killigrew were Jacobites, whom William +generously but imprudently put into the command of the fleet.</p> + +<p class="footnote"><a name="Footnote_218" id="Footnote_218" href="#FNanchor_218"><span class="label">[218]</span></a> + Commons' Journals, Feb. 27, 1694-5.</p> + +<p class="footnote"><a name="Footnote_219" id="Footnote_219" href="#FNanchor_219"><span class="label">[219]</span></a> + <i>Parl. Hist.</i> 941; Burnet, 105.</p> + +<p class="footnote"><a name="Footnote_220" id="Footnote_220" href="#FNanchor_220"><span class="label">[220]</span></a> + Burnet, 163; Commons' Journals, Jan. 31, 1695-6. An abjuration of +King James's title in very strong terms was proposed as a qualification for +members of this council; but this was lost by 195 to 188.</p> + +<p class="footnote"><a name="Footnote_221" id="Footnote_221" href="#FNanchor_221"><span class="label">[221]</span></a> + See Speaker Onslow's Note on Burnet (Oxf. edit. iv. 468), and Lord +Hardwicke's hint of his father's opinion. <i>Id.</i> 475. But see also Lord +Somers's plea as to this. <i>State Trials</i>, xiii. 267.</p> + +<p class="footnote"><a name="Footnote_222" id="Footnote_222" href="#FNanchor_222"><span class="label">[222]</span></a> + <i>Parl. Hist.</i>; <i>State Trials</i>, xiv. 233. The letters of William, published +in the <i>Hardwicke State Papers</i>, are both the most authentic and the most +satisfactory explanation of his policy during the three momentous years +that closed the seventeenth century. It is said, in a note of Lord Hardwicke +on Burnet (Oxford edit. iv. 417), (from Lord Somers's papers), that +when some of the ministers objected to parts of the treaty, Lord Portland's +constant answer was, that nothing could be altered; upon which one of +them said, if that was the case, he saw no reason why they should be called +together. And it appears by the <i>Shrewsbury Papers</i>, p. 371, that the duke, +though secretary of state, and in a manner prime minister, was entirely +kept by the king out of the secret of the negotiations which ended in the +peace of Ryswick: whether, after all, there remained some lurking distrust +of his fidelity, or from whatever other cause this took place, it was very +anomalous and unconstitutional. And it must be owned, that by this +sort of proceeding, which could have no sufficient apology but a deep +sense of the unworthiness of mankind, William brought on himself much +of that dislike which appears so ungrateful and unaccountable.</p> + +<p class="footnote">As to the impeachments, few have pretended to justify them; even +Ralph is half ashamed of the party he espouses with so little candour +towards their adversaries. The scandalous conduct of the tories in +screening the Earl of Jersey, while they impeached the whig lords, some +of whom had really borne no part in a measure he had promoted, sufficiently +displays the factiousness of their motives. See Lord Haversham's +speech on this. <i>Parl. Hist.</i> 1298.</p> + +<p class="footnote"><a name="Footnote_223" id="Footnote_223" href="#FNanchor_223"><span class="label">[223]</span></a> + Bishop Fleetwood, in a sermon, preached in 1703, says of William, +"whom all the world of friends and enemies know how to value, except a +<i>few English wretches</i>." Kennet, 840. Boyer, in his <i>History of the Reign +of Queen Anne</i>, p. 12, says that the king spent most of his private fortune, +computed at no less than two millions, in the service of the English nation. +I should be glad to have found this vouched by better authority.</p> + +<p class="footnote"><a name="Footnote_224" id="Footnote_224" href="#FNanchor_224"><span class="label">[224]</span></a> + Lords' Journals.</p> + +<p class="footnote"><a name="Footnote_225" id="Footnote_225" href="#FNanchor_225"><span class="label">[225]</span></a> + <i>Parl. Hist.</i> 754.</p> + +<p class="footnote"><a name="Footnote_226" id="Footnote_226" href="#FNanchor_226"><span class="label">[226]</span></a> + 6 W. & M. c. 2.</p> + +<p class="footnote"><a name="Footnote_227" id="Footnote_227" href="#FNanchor_227"><span class="label">[227]</span></a> + <i>Rot. Parl.</i> ii. 239; 3 Inst. 1.</p> + +<p class="footnote"><a name="Footnote_228" id="Footnote_228" href="#FNanchor_228"><span class="label">[228]</span></a> + 3 Inst. 12; 1 Hale's <i>Pleas of the Crown</i>, 120; Foster, 195. Coke lays +it down positively (p. 14) that a conspiracy to levy war is not high treason, +as an overt act of compassing the king's death. "For this were to confound +the several classes or <i>membra dividentia</i>." Hale objects that Coke +himself cites the case of Lords Essex and Southampton, which seems to +contradict that opinion. But it may be answered, in the first place, that a +conspiracy to levy war was made high treason during the life of Elizabeth; +and secondly, that Coke's words as to that case are, that they "intended +to go to the court where the queen was, and to have taken her into their +power, and to have removed divers of her council, and <i>for that end did +assemble a multitude of people</i>: this being raised to the end aforesaid, was +a sufficient overt act of compassing the death of the queen." The earliest +case is that of Storie, who was convicted of compassing the queen's death on +evidence of exciting a foreign power to invade the kingdom. But he was +very obnoxious; and the precedent is not good. Hale, 122.</p> + +<p class="footnote">It is also held that an actual levying war may be laid as an overt act of +compassing the king's death, which indeed follows <i>à fortiori</i> from the former +proposition; provided it be not a constructive rebellion, but one really +directed against the royal authority. Hale, 123.</p> + +<p class="footnote"><a name="Footnote_229" id="Footnote_229" href="#FNanchor_229"><span class="label">[229]</span></a> + Hale, 121.</p> + +<p class="footnote"><a name="Footnote_230" id="Footnote_230" href="#FNanchor_230"><span class="label">[230]</span></a> + Foster's <i>Discourse on High Treason</i>, 196; <i>State Trials</i>, xii. 646, 790, +818; xiii. 62 (Sir John Friend's case) <i>et alibi</i>. This important question +having arisen on Lord Russell's trial, gave rise to a controversy between +two eminent lawyers, Sir Bartholomew Shower and Sir Robert Atkins; +the former maintaining, the latter denying, that a conspiracy to depose the +king and to seize his guards was an overt act of compassing his death. +<i>State Trials</i>, ix. 719, 818.</p> + +<p class="footnote">See also Phillipps's <i>State Trials</i>, ii. 39, 78; a work to which I might have +referred in other places, and which shows the well known judgment and +impartiality of the author.</p> + +<p class="footnote"><a name="Footnote_231" id="Footnote_231" href="#FNanchor_231"><span class="label">[231]</span></a> + In the whole series of authorities, however, on this subject, it will be +found that the probable danger to the king's safety from rebellion was the +ground-work upon which this constructive treason rested; nor did either +Hale or Foster, Pemberton or Holt, ever dream that any other death was +intended by the statute than that of nature. It was reserved for a modern +Crown lawyer to resolve this language into a metaphysical personification, +and to argue that the king's person being interwoven with the state, and +its sole representative, any conspiracy against the constitution must of its +own nature be a conspiracy against his life. <i>State Trials</i>, xxiv. 1183.</p> + +<p class="footnote"><a name="Footnote_232" id="Footnote_232" href="#FNanchor_232"><span class="label">[232]</span></a> + 13 Eliz. c. 1; 13 Car. 2, c. 1; 36 G. 3, c. 7.</p> + +<p class="footnote"><a name="Footnote_233" id="Footnote_233" href="#FNanchor_233"><span class="label">[233]</span></a> + Hale, 123; Foster, 213.</p> + +<p class="footnote"><a name="Footnote_234" id="Footnote_234" href="#FNanchor_234"><span class="label">[234]</span></a> + Lord George Gordon's case, <i>State Trials</i>, xxi. 649.</p> + +<p class="footnote"><a name="Footnote_235" id="Footnote_235" href="#FNanchor_235"><span class="label">[235]</span></a> + Hardy's case. <i>Id.</i> xxiv. 208. The language of Chief Justice Eyre is +sufficiently remarkable.</p> + +<p class="footnote"><a name="Footnote_236" id="Footnote_236" href="#FNanchor_236"><span class="label">[236]</span></a> + Foster, 198. He seems to concur in Hale's opinion, that words which +being spoken will not amount to an overt act to make good an indictment +for compassing the king's death, yet if reduced into writing, and published, +will make such an overt act, "if the matters contained in them import +such a compassing." Hale's <i>Pleas of Crown</i>, 118. But this is indefinitely +expressed, the words marked as a quotation looking like a truism, and +contrary to the first part of the sentence; and the case of Williams, under +James I., which Hales cites in corroboration of this, will hardly be approved +by any constitutional lawyer.</p> + +<p class="footnote"><a name="Footnote_237" id="Footnote_237" href="#FNanchor_237"><span class="label">[237]</span></a> + Hale, 134. It is observable that Hale himself, as chief baron, differed +from the other judges in this case.</p> + +<p class="footnote"><a name="Footnote_238" id="Footnote_238" href="#FNanchor_238"><span class="label">[238]</span></a> + This is the well known case of Damaree and Purchase. <i>State Trials</i>, +xv. 520; Foster, 213. A rabble had attended Sacheverell from Westminster +to his lodgings in the Temple. Some among them proposed to +pull down the meeting-houses; a cry was raised, and several of these were +destroyed. It appeared to be their intention to pull down all within their +reach. Upon this overt act of levying war the prisoners were convicted; +some of the judges differing as to one of them, but merely on the application +of the evidence to his case. Notwithstanding this solemn decision, and +the approbation with which Sir Michael Foster has stamped it, some +difficulty would arise in distinguishing this case, as reported, from many +indictments under the riot act for mere felony; and especially from those +of the Birmingham rioters in 1791, where the similarity of motives, though +the mischief in the latter instance was far more extensive, would naturally +have suggested the same species of prosecution as was adopted against +Damaree and Purchase. It may be remarked that neither of these men +was executed; which, notwithstanding the sarcastic observation of Foster, +might possibly be owing to an opinion, which every one but a lawyer must +have entertained, that their offence did not amount to treason.</p> + +<p class="footnote"><a name="Footnote_239" id="Footnote_239" href="#FNanchor_239"><span class="label">[239]</span></a> + 7 W. 3, c. 3, § 4; Foster, 257.</p> + +<p class="footnote"><a name="Footnote_240" id="Footnote_240" href="#FNanchor_240"><span class="label">[240]</span></a> + Foster, 234.</p> + +<p class="footnote"><a name="Footnote_241" id="Footnote_241" href="#FNanchor_241"><span class="label">[241]</span></a> + "Would you have trials secured?" says the author of the "Jacobite +Principles Vindicated" (<i>Somers Tracts</i>, 10, 526). "It is the interest of all +parties care should be taken about them, or all parties will suffer in their +turns. Plunket, and Sidney, and Ashton were doubtless all murdered +though they were never so guilty of the crimes wherewith they were +charged; the one tried twice, the other found guilty upon one evidence, +and the last upon nothing but presumptive proof." Even the prostitute +lawyer, Sir Bartholomew Shower, had the assurance to complain of uncertainty +in the law of treason. <i>Id.</i> 572. And Roger North, in his <i>Examen</i>, +p. 411, labours hard to show that the evidence in Ashton's case was slighter +than in Sidney's.</p> + +<p class="footnote"><a name="Footnote_242" id="Footnote_242" href="#FNanchor_242"><span class="label">[242]</span></a> + <i>State Trials</i>, xii. 646.—See 668 and 799.</p> + +<p class="footnote"><a name="Footnote_243" id="Footnote_243" href="#FNanchor_243"><span class="label">[243]</span></a> + <i>State Trials</i>, xii. 1245; Ralph, 420; <i>Somers Tracts</i>, x. 472. The +Jacobites took a very frivolous objection to the conviction of Anderton, +that printing could not be treason within the statute of Edward III., +because it was not invented for a century afterwards. According to this +rule, it could not be treason to shoot the king with a pistol or poison him +with an American drug.</p> + +<p class="footnote"><a name="Footnote_244" id="Footnote_244" href="#FNanchor_244"><span class="label">[244]</span></a> + <i>Parl. Hist.</i> v. 698.</p> + +<p class="footnote"><a name="Footnote_245" id="Footnote_245" href="#FNanchor_245"><span class="label">[245]</span></a> + <i>Id.</i> v. 675.</p> + +<p class="footnote"><a name="Footnote_246" id="Footnote_246" href="#FNanchor_246"><span class="label">[246]</span></a> + <i>Parl. Hist.</i> 712, 737; Commons' Journals, Feb. 8, 1695.</p> + +<p class="footnote"><a name="Footnote_247" id="Footnote_247" href="#FNanchor_247"><span class="label">[247]</span></a> + <i>Id.</i> 965; Journal, 17th Feb. 1696; Stat. 7, W. 3 c. 3. Though the +court opposed this bill, it was certainly favoured by the zealous whigs as +much as by the opposite party.</p> + +<p class="footnote"><a name="Footnote_248" id="Footnote_248" href="#FNanchor_248"><span class="label">[248]</span></a> + When several persons of distinction were arrested on account of a +jacobite conspiracy in 1690, there was but one witness against some of +them. The judges were consulted whether they could be indicted for a +high misdemeanour on this single testimony, as Hampden had been in +1685; the attorney-general Treby maintaining this to be lawful. Four of +the judges were positively against this, two more doubtfully the same +way, one altogether doubtful, and three in favour of it. The scheme was +very properly abandoned; and at present, I suppose, nothing can be more +established than the negative. Dalrymple, Append. 186.</p> + +<p class="footnote"><a name="Footnote_249" id="Footnote_249" href="#FNanchor_249"><span class="label">[249]</span></a> + <i>State Trials</i>, xii. 1051.</p> + +<p class="footnote"><a name="Footnote_250" id="Footnote_250" href="#FNanchor_250"><span class="label">[250]</span></a> + The dexterity with which Lord Shaftesbury (the author of the +<i>Characteristics</i>), at that time in the House of Commons, turned a momentary +confusion which came upon him while speaking on this bill, into an argument +for extending the aid of counsel to those who might so much more +naturally be embarrassed on a trial for their lives, is well known. All +well-informed writers ascribe this to Shaftesbury. But Johnson, in the +<i>Lives of the Poets</i>, has, through inadvertence, as I believe, given Lord +Halifax (Montagu) the credit of it; and some have since followed him. +As a complete refutation of this mistake, it is sufficient to say that Mr. +Montagu <i>opposed</i> the bill. His name appears as a teller on two divisions, +31st Dec. 1691, and 18th Nov. 1692.</p> + +<p class="footnote"><a name="Footnote_251" id="Footnote_251" href="#FNanchor_251"><span class="label">[251]</span></a> + It was said by Scroggs and Jefferies, that if one witness prove that +A. bought a knife, and another that he intended to kill the king with it, +these are two witnesses within the statute of Edward VI. But this has +been justly reprobated.</p> + +<p class="footnote"><a name="Footnote_252" id="Footnote_252" href="#FNanchor_252"><span class="label">[252]</span></a> + Upon some of the topics touched in the foregoing pages, besides Hale +and Foster, see Luders' <i>Considerations on the Law of Treason in Levying +War</i>, and many remarks in Phillipps's <i>State Trials</i>; besides much that is +scattered through the notes of Mr. Howell's great collection. Mr. Phillipps' +work, however, was not published till after my own was written.</p> + +<p class="footnote"><a name="Footnote_253" id="Footnote_253" href="#FNanchor_253"><span class="label">[253]</span></a> + Commons' Journals, 9 Jan. and 11 Feb. 1694-5. A bill to the same +effect sent down from the Lords was thrown out, 17 April 1695. Another +bill was rejected on the second reading in 1697. <i>Id.</i> 3 April.</p> + +<p class="footnote"><a name="Footnote_254" id="Footnote_254" href="#FNanchor_254"><span class="label">[254]</span></a> + <i>Somers Tracts</i>, passim. John Dunton the bookseller, in the <i>History of +his Life and Errors</i>, hints that unlicensed books could be published by a +douceur to Robert Stephens, the messenger of the press, whose business +it was to inform against them.</p> + +<p class="footnote"><a name="Footnote_255" id="Footnote_255" href="#FNanchor_255"><span class="label">[255]</span></a> + <i>State Trials</i>, xiv. 1103, 1128. Mr. Justice Powell told the Rev. Mr. +Stephens, in passing sentence on him for a libel on Harley and Marlborough, +that to traduce the queen's ministers was a reflection on the queen herself. +It is said, however, that this and other prosecutions were generally blamed; +for the public feeling was strong in favour of the liberty of the press. +Boyer's <i>Reign of Queen Anne</i>, p. 286.</p> + +<p class="footnote"><a name="Footnote_256" id="Footnote_256" href="#FNanchor_256"><span class="label">[256]</span></a> + Pemberton, as I have elsewhere observed, permitted evidence to be +given as to the truth of an alleged libel in publishing that Sir Edmondbury +Godfrey had murdered himself. And what may be reckoned more important, +in a trial of the famous Fuller on a similar charge, Holt repeatedly +(not less than five times) offered to let him prove the truth if he could. +<i>State Trials</i>, xiv. 534. But, on the trial of Franklin, in 1731, for publishing +a libel in the <i>Craftsman</i>, Lord Raymond positively refused to admit of any +evidence to prove the matters to be true; and said he was only abiding +by what had been formerly done in other cases of the like nature. <i>Id.</i> +xvii. 659.</p> + +<p class="footnote"><a name="Footnote_257" id="Footnote_257" href="#FNanchor_257"><span class="label">[257]</span></a> + See the pamphlets of that age, <i>passim</i>. One of these, entitled "The +Zealous and Impartial Protestant," 1681, the author of which, though well +known, I cannot recollect, after much invective, says, "Liberty of conscience +and toleration are things only to be talked of and pretended to by +those that are under; but none like or think it reasonable that are in +authority. 'Tis an instrument of mischief and dissettlement, to be +courted by those who would have change, but no way desirable by such +as would be quiet, and have the government undisturbed. For it is not +consistent with public peace and safety without a standing army; conventicles +being eternal nurseries of sedition and rebellion."—P. 30. "To +strive for toleration," he says in another place, "is to contend against all +government. It will come to this; whether there should be a government +in the church or not? for if there be a government, there must be laws; +if there be laws, there must be penalties annexed to the violation of those +laws; otherwise the government is precarious and at every man's mercy; +that is, it is none at all.... The constitution should be made firm, +whether with any alterations or without them, and laws put in punctual +vigorous execution. Till that is done all will signify nothing. The church +hath lost all through remissness and non-execution of laws; and by the +contrary course things must be reduced, or they never will. To what +purpose are parliaments so concerned to prepare good laws, if the officers +who are intrusted with the execution neglect that duty, and let them lie +dead? This brings laws and government into contempt, and it were much +better the laws were never made; by these the dissenters are provoked, +and being not restrained by the exacting of the penalties, they are fiercer +and more bent upon their own ways than they would be otherwise. But +it may be said the execution of laws of conformity raiseth the cry of persecution; +and will not that be scandalous? Not so scandalous as anarchy, +schism, and eternal divisions and confusions both in church and state. +Better that the unruly should clamour than that the regular should groan, +and all should be undone."—P. 33. Another tract, "Short Defence of the +Church and Clergy of England, 1679," declares for union (in his own way), +but against a comprehension, and still more a toleration. "It is observable +that whereas the best emperors have made the severest laws against +all manner of sectaries, Julian the apostate, the most subtle and bitter +enemy that Christianity ever had, was the man that set up this way of +toleration."—P. 87. Such was the temper of this odious faction. And +at the time they were instigating the government to fresh severities, by +which, I sincerely believe, they meant the pillory or the gallows (for +nothing else was wanting), scarce a gaol in England was without nonconformist +ministers. One can hardly avoid rejoicing that some of these +men, after the revolution, experienced, not indeed the persecution, but the +poverty they had been so eager to inflict on others.</p> + +<p class="footnote">The following passage from a very judicious tract on the other side, +"Discourse of the Religion of England, 1667," may deserve to be extracted. +"Whether cogent reason speaks for this latitude, be it now considered. +How momentous in the balance of this nation those protestants are which +are dissatisfied in the present ecclesiastical polity. They are everywhere +spread through city and country; they make no small part of all ranks +and sorts of men; by relations and commerce they are so woven into the +nation's interest, that it is not easy to sever them without unravelling the +whole. They are not excluded from the nobility, among the gentry they +are not a few; but none are of more importance than they in the trading +part of the people and those that live by industry, upon whose hands the +business of the nation lies much. It hath been noted that some who bear +them no good will have said that the very air of corporations is infested +with their contagion. And in whatsoever degree they are high or low, +ordinarily for good understanding, steadiness and sobriety, they are not +inferior to others of the same rank and quality; neither do they want the +rational courage of Englishmen."—P. 23.</p> + +<p class="footnote"><a name="Footnote_258" id="Footnote_258" href="#FNanchor_258"><span class="label">[258]</span></a> + <i>Parl. Hist.</i> iv. 1311; Ralph, 559.</p> + +<p class="footnote"><a name="Footnote_259" id="Footnote_259" href="#FNanchor_259"><span class="label">[259]</span></a> + Baxter; Neal; Palmer's <i>Nonconformist's Memorial</i>.</p> + +<p class="footnote"><a name="Footnote_260" id="Footnote_260" href="#FNanchor_260"><span class="label">[260]</span></a> + <i>Parl. Hist.</i> v. 263. Some of the tories wished to pass it only for seven +years. The high-church pamphlets of the age grumble at the toleration.</p> + +<p class="footnote"><a name="Footnote_261" id="Footnote_261" href="#FNanchor_261"><span class="label">[261]</span></a> + Burnet; <i>Parl. Hist.</i> 184.</p> + +<p class="footnote"><a name="Footnote_262" id="Footnote_262" href="#FNanchor_262"><span class="label">[262]</span></a> + <i>Parl. Hist.</i> 196.</p> + +<p class="footnote"><a name="Footnote_263" id="Footnote_263" href="#FNanchor_263"><span class="label">[263]</span></a> + <i>Id.</i> 212, 216.</p> + +<p class="footnote"><a name="Footnote_264" id="Footnote_264" href="#FNanchor_264"><span class="label">[264]</span></a> + Burnet; Ralph. But a better account of what took place in the +convocation and among the commissioners will be found in Kennet's +<i>Compl. Hist.</i> 557, 588, etc.</p> + +<p class="footnote"><a name="Footnote_265" id="Footnote_265" href="#FNanchor_265"><span class="label">[265]</span></a> + Leslie's <i>Case of the Regale and Pontificate</i> is a long dull attempt to set +up the sacerdotal order above all civil power, at least as to the exercise of +its functions, and especially to get rid of the appointment of bishops by +the Crown, or, by parity of reasoning, of priests by laymen. He is indignant +even at laymen choosing their chaplains, and thinks they ought to +take them from the bishop; objecting also to the phrase, my chaplain, as +if they were servants: "otherwise the expression is proper enough to say +my chaplain, as I say my parish priest, my bishop, my king, or my God; +which argues my being under their care and direction, and that I belong +to them, not they to me."—P. 182. It is full of enormous misrepresentation +as to the English law.</p> + +<p class="footnote"><a name="Footnote_266" id="Footnote_266" href="#FNanchor_266"><span class="label">[266]</span></a> + See Burnet (Oxf. iv. 409) and Lord Dartmouth's note.</p> + +<p class="footnote"><a name="Footnote_267" id="Footnote_267" href="#FNanchor_267"><span class="label">[267]</span></a> + No opposition seems to have been made in the House of Commons; +but we have a protest from four peers against it. Burnet, though he offers +some shameful arguments in favour of the bill, such as might justify any +tyranny, admits that it contained some unreasonable severities, and that +many were really adverse to it. A bill proposed in 1705, to render the late +act against papists effective, was lost by 119 to 43 (<i>Parl. Hist.</i> vi. 514); +which shows that men were ashamed of what they had done. A proclamation, +however, was issued in 1711, immediately after Guiscard's attempt +to kill Mr. Harley, for enforcing the penal laws against Roman catholics, +which was very scandalous, as tending to impute that crime to them. +Boyer's <i>Reign of Anne</i>, p. 429. And in the reign of Geo. I. (1722) £100,000 +was levied by a particular act on the estates of papists and non-jurors. +This was only carried by 188 to 172; Sir Joseph Jekyll and Mr. Onslow, +afterwards speaker, opposing it, as well as Lord Cowper in the other house. +9 G. I. c. 18; <i>Parl. Hist.</i> viii. 51, 353. It was quite impossible that those +who sincerely maintained the principles of toleration should long continue +to make any exception; though the exception in this instance was wholly +on political grounds, and not out of bigotry, it did not the less contravene +all that Taylor and Locke had taught men to cherish.</p> + +<p class="footnote"><a name="Footnote_268" id="Footnote_268" href="#FNanchor_268"><span class="label">[268]</span></a> + 11 & 12 W. 3, c. 4. It is hardly necessary to add, that this act was +repealed in 1779.</p> + +<p class="footnote"><a name="Footnote_269" id="Footnote_269" href="#FNanchor_269"><span class="label">[269]</span></a> + Butler's <i>Memoirs of Catholics</i>, ii. 64.</p> + +<p class="footnote"><a name="Footnote_270" id="Footnote_270" href="#FNanchor_270"><span class="label">[270]</span></a> + While the bill regulating the succession was in the House of Commons, +a proviso was offered by Mr. Godolphin, that nothing in this act is intended +to be drawn into example or consequence hereafter, to prejudice the right +of any protestant prince or princess in their hereditary succession to the +imperial crown of those realms. This was much opposed by the whigs; +both because it tended to let in the son of James II., if he should become +a protestant, and for a more secret reason, that they did not like to +recognise the continuance of any hereditary right. It was rejected by +179 to 125. <i>Parl. Hist.</i> v. 249. The Lords' amendment in favour of the +Princess Sophia was lost without a division. <i>Id.</i> 339.</p> + +<p class="footnote"><a name="Footnote_271" id="Footnote_271" href="#FNanchor_271"><span class="label">[271]</span></a> + The Duchess of Savoy put in a very foolish protest against anything +that should be done to prejudice <i>her</i> right. Ralph, 924.</p> + +<p class="footnote"><a name="Footnote_272" id="Footnote_272" href="#FNanchor_272"><span class="label">[272]</span></a> + 12 & 13 w. 3, c. 2.</p> + +<p class="footnote"><a name="Footnote_273" id="Footnote_273" href="#FNanchor_273"><span class="label">[273]</span></a> + It was frequently contended in the reign of George II. that subsidiary +treaties for the defence of Hanover, or rather such as were covertly +designed for that and no other purpose, as those with Russia and Hesse +Cassel in 1755, were at least contrary to the spirit of the act of settlement. +On the other hand it was justly answered that, although in case Hanover +should be attacked on the ground of a German quarrel, unconnected with +English politics, we were not bound to defend her; yet, if a power at war +with England should think fit to consider that electorate as part of the +king's dominions (which perhaps according to the law of nations might be +done), our honour must require that it should be defended against such an +attack. This is true; and yet it shows very forcibly that the separation +of the two ought to have been insisted upon; since the present connection +engages Great Britain in a very disadvantageous mode of carrying on its +wars, without any compensation of national wealth or honour; except +indeed that of employing occasionally in its service a very brave and +efficient body of troops.</p> + +<p class="footnote"><a name="Footnote_274" id="Footnote_274" href="#FNanchor_274"><span class="label">[274]</span></a> + 1 G. 1, c. 51.</p> + +<p class="footnote"><a name="Footnote_275" id="Footnote_275" href="#FNanchor_275"><span class="label">[275]</span></a> + <i>Life of Clarendon</i>, 319.</p> + +<p class="footnote"><a name="Footnote_276" id="Footnote_276" href="#FNanchor_276"><span class="label">[276]</span></a> + "The method is this," says a member in debate; "things are concerted +in the cabinet, and then brought to the council; such a thing is resolved +in the cabinet, and brought and put on them for their assent, without +showing any of the reasons. That has not been the method of England. +If this method be, you will never know who gives advice." <i>Parl. Hist.</i> +v. 731.</p> + +<p class="footnote">In Sir Humphrey Mackworth's [or perhaps Mr. Harley's] "Vindication +of the Rights of the Commons of England, 1701," <i>Somers Tracts</i>, xi. 276, +the constitutional doctrine is thus laid down, according to the spirit of the +recent act of settlement. "As to the setting of the great seal of England +to foreign alliances, the lord chancellor, or lord keeper for the time being, +has a plain rule to follow; that is, humbly to inform the king that he +cannot legally set the great seal of England to a matter of that consequence +unless the same be first debated and resolved in council; which method +being observed, the chancellor is safe, and the council answerable."—P. 293.</p> + +<p class="footnote"><a name="Footnote_277" id="Footnote_277" href="#FNanchor_277"><span class="label">[277]</span></a> + This very delicate question as to the responsibility of the cabinet, or +what is commonly called the ministry <i><span lang="la" xml:lang="la">in solidum</span></i>, if I may use the expression, +was canvassed in a remarkable discussion within our memory, on the +introduction of the late chief justice of the King's Bench into that select +body; Mr. Fox strenuously denying the proposition, and Lord Castlereagh, +with others now living, maintaining it. <i>Parl. Debates</i>, <span class="s08">A.D.</span> 1806. I +cannot possibly comprehend how an article of impeachment, for sitting as +a cabinet minister could be drawn; nor do I conceive that a privy counsellor +has a right to resign his place at the board; so that it would be highly +unjust and illegal to presume a participation in culpable measures from +the mere circumstance of belonging to it. Even if notoriety be a ground, +as has been sometimes contended, for impeachment, it cannot be sufficient +for conviction.</p> + +<p class="footnote"><a name="Footnote_278" id="Footnote_278" href="#FNanchor_278"><span class="label">[278]</span></a> + Anne, c. 8; 6 Anne, c. 7.</p> + +<p class="footnote"><a name="Footnote_279" id="Footnote_279" href="#FNanchor_279"><span class="label">[279]</span></a> + This is the modern usage, but of its origin I cannot speak. On one +remarkable occasion, while Anne was at the point of death, the Dukes of +Somerset and Argyle went down to the council-chamber without summons +to take their seats; but it seems to have been intended as an unexpected +manœuvre of policy.</p> + +<p class="footnote"><a name="Footnote_280" id="Footnote_280" href="#FNanchor_280"><span class="label">[280]</span></a> + It is provided by 1 G. 1, st. 2, c. 4, that no bill of naturalisation shall +be received without a clause disqualifying the party from sitting in +parliament, etc., "for the better preserving the said clause in the said act +entire and inviolate." This provision, which is rather supererogatory, was +of course intended to show the determination of parliament not to be +governed, ostensibly at least, by foreigners under their foreign master.</p> + +<p class="footnote"><a name="Footnote_281" id="Footnote_281" href="#FNanchor_281"><span class="label">[281]</span></a> + <i>Parl. Hist.</i> 807, 840. Burnet says (p. 42) that Sir John Trevor, a tory, +first put the king on this method of corruption. Trevor himself was so +venal that he received a present of 1000 guineas from the city of London, +being then speaker of the Commons, for his service in carrying a bill through +the house; and, upon its discovery, was obliged to put the vote, that he +had been guilty of a high crime and misdemeanour. This resolution being +carried, he absented himself from the house, and was expelled. <i>Parl. +Hist.</i> 900; Commons' Journals, 12th March 1694-5. The Duke of Leeds, +that veteran of secret iniquity, was discovered about the same time to +have taken bribes from the East India Company, and was impeached in +consequence; I say discovered, for there seems little or no doubt of his +guilt. The impeachment, however, was not prosecuted for want of +evidence. <i>Parl. Hist.</i> 881, 911, 933. Guy, secretary of the treasury, +another of Charles II.'s court, was expelled the house on a similar imputation. +<i>Id.</i> 886. Lord Falkland was sent to the Tower for begging £2000 +of the king. <i>Id.</i> 841. A system of infamous peculation among the officers +of government came to light through the inquisitive spirit of parliament +in this reign; not that the nation was worse and more corrupt than under +the Stuarts, but that a profligacy, which had been engendered and had +flourished under their administration, was now dragged to light and +punishment. Long sessions of parliament and a vigilant party-spirit +exposed the evil, and have finally in a great measure removed it; though +Burnet's remark is still not wholly obsolete. "The regard," says that +honest bishop, "that is shown to the members of parliament among us, +makes that few abuses can be inquired into or discovered."</p> + +<p class="footnote"><a name="Footnote_282" id="Footnote_282" href="#FNanchor_282"><span class="label">[282]</span></a> + <i>Parl. Hist.</i> 748, 829. The house resolved, "that whoever advised the +king not to give the royal assent to the act touching free and impartial +proceedings in parliament, which was to redress a grievance, and take off +a scandal upon the proceedings of the Commons in parliament, is an +enemy to their majesties and the kingdom." They laid a representation +before the king, showing how few instances have been in former reigns of +denying the royal assent to bills for redress of grievances, and the great +grief of the Commons "for his not having given the royal assent to several +public bills, and particularly the bill touching free and impartial proceedings +in parliament, which tended so much to the clearing the reputation +of this house, after their having so freely voted to supply the public +occasions." The king gave a courteous but evasive answer, as indeed it +was natural to expect; but so great a flame was raised in the Commons, +that it was moved to address him for a further answer, which, however, +there was still a sense of decorum sufficient to prevent.</p> + +<p class="footnote">Though the particular provisions of this bill do not appear, I think it +probable that it went too far in excluding military as well as civil officers.</p> + +<p class="footnote"><a name="Footnote_283" id="Footnote_283" href="#FNanchor_283"><span class="label">[283]</span></a> + 4 & 5 W. & M. c. 21.</p> + +<p class="footnote"><a name="Footnote_284" id="Footnote_284" href="#FNanchor_284"><span class="label">[284]</span></a> + 11 & 12 W. 3, c. 2, § 50.</p> + +<p class="footnote"><a name="Footnote_285" id="Footnote_285" href="#FNanchor_285"><span class="label">[285]</span></a> + The House of Commons introduced into the act of security, as it was +called, a long clause, carried on a division by 167 to 160, Jan. 24, 1706, +enumerating various persons who should be eligible to parliament; the +principal officers of state, the commissioners of treasury and admiralty, +and a limited number of other placemen. The Lords thought fit to repeal +the whole prohibitory enactment. It was resolved in the Commons, by +a majority of 205 to 183, that they would not agree to this amendment. +A conference accordingly took place, when the managers of the Commons +objected (Feb. 7) that a total repeal of that provision would admit such +an unlimited number of officers to sit in their house, as might destroy the +free and impartial proceedings in parliament, and endanger the liberties +of the Commons of England. Those on the Lords' side gave their reasons +to the contrary at great length, Feb. 11. The Commons determined +(Feb. 18) to insert the provision vacating the seat of a member accepting +office; and resolved not to insist on their disagreements as to the main +clause. Three protests were entered in the House of Lords against +inserting the word "repealed" in reference to the prohibitory clause, +instead of "regulated and altered," all by tory peers. It is observable +that, as the provision was not to take effect till the house of Hanover should +succeed to the throne, the sticklers for it might be full as much influenced +by their ill-will to that family as by their zeal for liberty.</p> + +<p class="footnote"><a name="Footnote_286" id="Footnote_286" href="#FNanchor_286"><span class="label">[286]</span></a> + 4 Anne, c. 8; 6 Anne, c. 7.</p> + +<p class="footnote"><a name="Footnote_287" id="Footnote_287" href="#FNanchor_287"><span class="label">[287]</span></a> + Burnet, 86. It was represented to the king, he says, by some of the +judges themselves, that it was not fit they should be out of all dependence +on the court.</p> + +<p class="footnote"><a name="Footnote_288" id="Footnote_288" href="#FNanchor_288"><span class="label">[288]</span></a> + It was originally resolved that they should be removable on the +address of either house, which was changed afterwards to both houses. +Comm. Journ. 12th March, and 10th May.</p> + +<p class="footnote"><a name="Footnote_289" id="Footnote_289" href="#FNanchor_289"><span class="label">[289]</span></a> + It was proposed in the Lords, as a clause in the bill of rights, that +pardons upon an impeachment should be void, but lost by 50 to 17; on +which twelve peers, all whigs, entered a protest. <i>Parl. Hist.</i> 482.</p> + +<p class="footnote"><a name="Footnote_290" id="Footnote_290" href="#FNanchor_290"><span class="label">[290]</span></a> + 13 W. 3, c. 3. The Lords introduced an amendment into this bill, to +attaint also Mary of Este, the late queen of James II. But the Commons +disagreed on the ground that it might be of dangerous consequence to +attaint any one by an amendment, in which case such due consideration +cannot be had, as the nature of an attainder requires. The Lords, after a +conference, gave way; but brought in a separate bill to attaint Mary of +Este, which passed with a protest of the tory peers. Lords' Journals, +Feb. 6, 12, 20, 1701-2.</p> + +<p class="footnote"><a name="Footnote_291" id="Footnote_291" href="#FNanchor_291"><span class="label">[291]</span></a> + 13 W. 3, c. 6.</p> + +<p class="footnote"><a name="Footnote_292" id="Footnote_292" href="#FNanchor_292"><span class="label">[292]</span></a> + Sixteen lords, including two bishops, Compton and Sprat, protested +against the bill containing the abjuration oath. The first reason of their +votes was afterwards expunged from the Journals by order of the house. +Lords' Journals, 24th Feb., 3rd March 1701-2.</p> + +<p class="footnote"><a name="Footnote_293" id="Footnote_293" href="#FNanchor_293"><span class="label">[293]</span></a> + Whiston mentions, that Mr. Baker, of St. John's, Cambridge, a worthy +and learned man, as well as others of the college, had thoughts of taking +the oath of allegiance on the death of King James; but the oath of abjuration +coming out the next year, had such expressions as he still scrupled. +Whiston's <i>Memoirs</i>; <i>Biog. Brit.</i> (Kippis's edition), art. Baker.</p> + +<p class="footnote"><a name="Footnote_294" id="Footnote_294" href="#FNanchor_294"><span class="label">[294]</span></a> + 4 Anne, c. 8; <i>Parl. Hist.</i> 457 <i>et post</i>; Burnet, 429.</p> + +<p class="footnote"><a name="Footnote_295" id="Footnote_295" href="#FNanchor_295"><span class="label">[295]</span></a> + 6 Anne, c. 6; <i>Parl. Hist.</i> 613; Somerville, 296; <i>Hardw. Papers</i>, ii. 473. +Cunningham attests the zeal of the whigs for abolishing the Scots privy +council, though he is wrong in reckoning Lord Cowper among them, whose +name appears in the protest on the other side. ii. 135, etc. The distinction +of old and modern whigs appeared again in this reign; the former +professing, and in general feeling, a more steady attachment to the principles +of civil liberty. Sir Peter King, Sir Joseph Jekyll, Mr. Wortley, +Mr. Hampden, and the historian himself, were of this description; and +consequently did not always support Godolphin. P. 210, etc. Mr. +Wortley brought in a bill, which passed the Commons in 1710, for voting +by ballot. It was opposed by Wharton and Godolphin in the Lords, as +dangerous to the constitution, and thrown out. Wortley, he says, went +the next year to Venice, on purpose to inquire into the effects of the ballot +which prevailed universally in that republic. P. 285.</p> + +<p class="footnote"><a name="Footnote_296" id="Footnote_296" href="#FNanchor_296"><span class="label">[296]</span></a> + <i>Parl. Hist.</i> vi. 805; Burnet, 537; <i>State Trials</i>, xv. 1. It is said in +Coxe's <i>Life of Marlborough</i>, iii. 141, that Marlborough and Somers were +against this prosecution. This writer goes out of his way to make a false +and impertinent remark on the managers of the impeachment, as giving +encouragement by their speeches to licentiousness and sedition. <i>Id.</i> 166.</p> + +<p class="footnote"><a name="Footnote_297" id="Footnote_297" href="#FNanchor_297"><span class="label">[297]</span></a> + "The managers appointed by the House of Commons," says an ardent +jacobite, "behaved with all the insolence imaginable. In their discourse +they boldly asserted, even in her majesty's presence, that, if the right to +the crown was hereditary and indefeasible, the prince beyond the seas, +meaning the king, and not the queen, had the legal title to it, she having +no claim thereto, but what she owed to the people; and that by the revolution +principles, on which the constitution was founded and to which the +laws of the land agreed, the people might turn out or lay aside their +sovereigns as they saw cause. Though, no doubt of it, there was a great +deal of truth in these assertions, it is easy to be believed that the queen +was not well pleased to hear them maintained, even in her own presence +and in so solemn a manner, before such a great concourse of her subjects. +For, though princes do cherish these and the like doctrines, whilst they +serve as the means to advance themselves to a crown, yet being once +possessed thereof, they have as little satisfaction in them as those who +succeed by an hereditary unquestionable title." <i>Lockhart Papers</i>, i. 312.</p> + +<p class="footnote">It is probable enough that the last remark has its weight, and that +the queen did not wholly like the speeches of some of the managers; and +yet nothing can be more certain than that she owed her crown in the first +instance, and the preservation of it at that very time, to those insolent +doctrines which wounded her royal ear; and that the genuine loyalists +would soon have lodged her in the Tower.</p> + +<p class="footnote"><a name="Footnote_298" id="Footnote_298" href="#FNanchor_298"><span class="label">[298]</span></a> + <i>State Trials</i>, xv. 95.</p> + +<p class="footnote"><a name="Footnote_299" id="Footnote_299" href="#FNanchor_299"><span class="label">[299]</span></a> + <i>Id.</i> 115.</p> + +<p class="footnote"><a name="Footnote_300" id="Footnote_300" href="#FNanchor_300"><span class="label">[300]</span></a> + <i>Id.</i> 127.</p> + +<p class="footnote"><a name="Footnote_301" id="Footnote_301" href="#FNanchor_301"><span class="label">[301]</span></a> + <i>Id.</i> 61.</p> + +<p class="footnote"><a name="Footnote_302" id="Footnote_302" href="#FNanchor_302"><span class="label">[302]</span></a> + <i>State Trials</i>, 196, 229. It is observed by Cunningham (p. 286) that +Sacheverell's counsel, except Phipps, were ashamed of him; which is +really not far from the case. "The doctor," says Lockhart, "employed +Sir Simon, afterwards Lord Harcourt, and Sir Constantine Phipps as his +counsel, who defended him the best way they could, though they were hard +put to it to maintain the hereditary right and unlimited doctrine of non-resistance, +and not condemn the revolution. And the truth on it is, these +are so inconsistent with one another that the chief arguments alleged in +this and other parallel cases came to no more than this; that the revolution +was an exception from the nature of government in general, and the +constitution and laws of Britain in particular, which necessity in that +particular case made expedient and lawful." <i>Ibid.</i></p> + +<p class="footnote"><a name="Footnote_303" id="Footnote_303" href="#FNanchor_303"><span class="label">[303]</span></a> + <i>State Trials</i>, 407.</p> + +<p class="footnote"><a name="Footnote_304" id="Footnote_304" href="#FNanchor_304"><span class="label">[304]</span></a> + <i>Id.</i> 110.</p> + +<p class="footnote"><a name="Footnote_305" id="Footnote_305" href="#FNanchor_305"><span class="label">[305]</span></a> + Cunningham says that the Duke of Leeds spoke strongly in favour +of the revolution, though he voted Sacheverell not guilty. P. 298. +Lockhart observes that he added success to necessity, as an essential point +for rendering the revolution lawful.</p> + +<p class="footnote"><a name="Footnote_306" id="Footnote_306" href="#FNanchor_306"><span class="label">[306]</span></a> + The homilies are so much more vehement against resistance than +Sacheverell was, that it would have been awkward to pass a rigorous +sentence on him. In fact, he or any other clergyman had a right to +preach the homily against rebellion instead of a sermon. As to their +laying down general rules without adverting to the exceptions, an apology +which the managers set up for them, it was just as good for Sacheverell; +and the homilies expressly deny all possible exceptions. Tillotson had a +plan of dropping these old compositions, which in some doctrinal points, +as well as in the tenet of non-resistance, do not represent the sentiments +of the modern church, though, in a general way, it subscribes to them. +But the times were not ripe for this, or some other of that good prelate's +designs. Wordsworth's <i>Eccles. Biog.</i> vol. vi. The quotations from the +homilies and other approved works by Sacheverell's counsel are irresistible, +and must have increased the party spirit of the clergy. "No conjuncture +of circumstances whatever," says Bishop Sanderson, "can make that +expedient to be done at any time that is of itself, and in the kind, unlawful. +For a man to take up arms offensive or defensive against a lawful sovereign, +being a thing in its nature simply and <i><span lang="la" xml:lang="la">de toto genere</span></i> unlawful, may not be +done by any man, at any time, in any case, upon any colour or pretence +whatsoever." <i>State Trials</i>, 231.</p> + +<p class="footnote"><a name="Footnote_307" id="Footnote_307" href="#FNanchor_307"><span class="label">[307]</span></a> + <i>Parl. Hist.</i> vi. 57. They did not scruple, however, to say what cost +nothing but veracity and gratitude, that Marlborough had retrieved the +honour of the nation. This was justly objected to, as reflecting on the late +king, but carried by 180 to 80. <i>Id.</i> 58; Burnet.</p> + +<p class="footnote"><a name="Footnote_308" id="Footnote_308" href="#FNanchor_308"><span class="label">[308]</span></a> + Coxe's <i>Marlborough</i>, i. 483. Mr. Smith was chosen speaker by 248 to +205, a slender majority; but some of the ministerial party seem to have +thought him too much a whig. <i>Id.</i> 485; <i>Parl. Hist.</i> 450. The whig +newspapers were long hostile to Marlborough.</p> + +<p class="footnote"><a name="Footnote_309" id="Footnote_309" href="#FNanchor_309"><span class="label">[309]</span></a> + Burnet rather gently slides over these jealousies between Godolphin +and the whig junto; and Tindal, his mere copyist, is not worth mentioning. +But Cunningham's history, and still more the letters published in Coxe's +<i>Life of Marlborough</i>, show better the state of party intrigues; which the +<i>Parliamentary History</i> also illustrates, as well as many pamphlets of the +time. Somerville has carefully compiled as much as was known when he +wrote.</p> + +<p class="footnote"><a name="Footnote_310" id="Footnote_310" href="#FNanchor_310"><span class="label">[310]</span></a> + <i>Parl. Hist.</i> vi. 4.</p> + +<p class="footnote"><a name="Footnote_311" id="Footnote_311" href="#FNanchor_311"><span class="label">[311]</span></a> + Nov. 27; <i>Parl. Hist.</i> 477.</p> + +<p class="footnote"><a name="Footnote_312" id="Footnote_312" href="#FNanchor_312"><span class="label">[312]</span></a> + Coxe's <i>Marlborough</i>, i. 453, ii. 110; Cunningham, ii. 52, 83.</p> + +<p class="footnote"><a name="Footnote_313" id="Footnote_313" href="#FNanchor_313"><span class="label">[313]</span></a> + <i>Mémoires de Torcy</i>, vol. ii. <i>passim</i>; Coxe's <i>Marlborough</i>, vol. iii.; +Bolingbroke's <i>Letters on History</i>, and Lord Walpole's answer to them; +Cunningham; Somerville, 840.</p> + +<p class="footnote"><a name="Footnote_314" id="Footnote_314" href="#FNanchor_314"><span class="label">[314]</span></a> + The late biographer of Marlborough asserts that he was against +breaking off the conferences in 1709, though clearly for insisting on the +cession of Spain (iii. 40). Godolphin, Somers, and the whigs in general, +expected Louis XIV. to yield the thirty-seventh article. Cowper, however, +was always doubtful of this. <i>Id.</i> 176.</p> + +<p class="footnote">It is very hard to pronounce, as it appears to me, on the great problem +of Louis's sincerity in this negotiation. No decisive evidence seems to +have been brought on the contrary side. The most remarkable authority +that way is a passage in the <i>Mémoires of St. Phelipe</i>, iii. 263, who certainly +asserts that the King of France had, without the knowledge of any of his +ministers, assured his grandson of a continued support. But the question +returns as to St. Phelipe's means of knowing so important a secret. On +the other hand, I cannot discover in the long correspondence between +Madame de Maintenon and the Princesse des Ursins the least corroboration +of these suspicions, but much to the contrary effect. Nor does Torcy drop +a word, though writing when all was over, by which we should infer that +the court of Versailles had any other hopes left in 1709, than what still +lingered in their heart from the determined spirit of the Castilians themselves.</p> + +<p class="footnote">It appears by the <i>Mémoires de Noailles</i>, iii. 10 (edit. 1777), that Louis +wrote to Philip, 26th Nov. 1708, hinting that he must reluctantly give him +up, in answer to one wherein the latter had declared that he would not +quit Spain while he had a drop of blood in his veins. And on the French +ambassador at Madrid, Amelot, remonstrating against the abandonment +of Spain, with an evident intimation that Philip could not support himself +alone, the King of France answered that he must end the war at any price. +15th April 1709. <i>Id.</i> 34. In the next year, after the battle of Saragosa, +which seemed to turn the scale wholly against Philip, Noailles was sent to +Madrid in order to persuade that prince to abandon the contest. <i>Id.</i> 107. +There were some in France who would even have accepted the thirty-seventh +article, of whom Madame de Maintenon seems to have been. +P. 117. We may perhaps think that an explicit offer of Naples, on the +part of the allies, would have changed the scene; nay, it seems as if Louis +would have been content at this time with Sardinia and Sicily. P. 108.</p> + +<p class="footnote"><a name="Footnote_315" id="Footnote_315" href="#FNanchor_315"><span class="label">[315]</span></a> + A contemporary historian of remarkable gravity observes: "It was +strange to see how much the desire of French wine, and the dearness of it, +alienated many men from the Duke of Marlborough's friendship." Cunningham, +ii. 220. The hard drinkers complained that they were poisoned +by port; these formed almost a party: Dr. Aldrich (Dean of Christchurch, +surnamed the priest of Bacchus), Dr. Ratcliffe, General Churchill, etc. +"And all the bottle companions, many physicians, and great numbers of +the lawyers and inferior clergy, and, in fine, the loose women too, were +united together in the faction against the Duke of Marlborough."</p> + +<p class="footnote"><a name="Footnote_316" id="Footnote_316" href="#FNanchor_316"><span class="label">[316]</span></a> + A bill was attempted in 1704 to recruit the army by a forced conscription +of men from each parish, but laid aside as unconstitutional. +Boyer's <i>Reign of Queen Anne</i>, p. 123. It was tried again in 1707 with like +success. P. 319. But it was resolved instead to bring in a bill for raising +a sufficient number of troops out of such persons as have no lawful calling +or employment. Stat. 4 Anne, c. 10; <i>Parl. Hist.</i> 335. The parish +officers were thus enabled to press men for the land service; a method +hardly more unconstitutional than the former, and liable to enormous +abuses. The act was temporary, but renewed several times during the +war. It was afterwards revived in 1757 (30 Geo. 2, c. 8), but never, I +believe, on any later occasion.</p> + +<p class="footnote"><a name="Footnote_317" id="Footnote_317" href="#FNanchor_317"><span class="label">[317]</span></a> + Every contemporary writer bears testimony to the exhaustion of France, +rendered still more deplorable by the unfavourable season of 1709, which +produced a famine. Madame de Maintenon's letters to the Princess des +Ursins are full of the public misery, which she did not soften, out of some +vain hope that her inflexible correspondent might relent at length, and +prevail on the King and Queen of Spain to abandon their throne.</p> + +<p class="footnote"><a name="Footnote_318" id="Footnote_318" href="#FNanchor_318"><span class="label">[318]</span></a> + It is evident from Macpherson's <i>Papers</i>, that all hopes of a restoration +in the reign of Anne were given up in England. They soon revived, +however, as to Scotland, and grew stronger about the time of the union.</p> + +<p class="footnote"><a name="Footnote_319" id="Footnote_319" href="#FNanchor_319"><span class="label">[319]</span></a> + The <i>Rehearsal</i> is not written in such a manner as to gain over many +proselytes. The scheme of fighting against liberty with her own arms had +not yet come into vogue; or rather Leslie was too mere a bigot to practise +it. He is wholly for arbitrary power; but the commons stuff of his +journal is high-church notions of all descriptions. This could not win +many in the reign of Anne.</p> + +<p class="footnote"><a name="Footnote_320" id="Footnote_320" href="#FNanchor_320"><span class="label">[320]</span></a> + Macpherson, i. 608. If Carte's anecdotes are true, which is very doubtful, +Godolphin, after he was turned out, declared his concern at not having +restored the king; that he thought Harley would do it, but by French +assistance, which he did not intend; that the tories had always distressed +him, and his administration had passed in a struggle with the whig junto. +<i>Id.</i> 170. Somerville says, he was assured that Carte was reckoned credulous +and ill-informed by the jacobites. P. 273. It seems indeed, by some +passages in Macpherson's <i>Papers</i>, that the Stuart agents either kept up +an intercourse with Godolphin, or pretended to do so. Vol. ii. 2 <i>et post</i>. +But it is evident that they had no confidence in him.</p> + +<p class="footnote">It must be observed, however, that Lord Dartmouth, in his notes on +Burnet, repeatedly intimates that Godolphin's secret object in his ministry +was the restoration of the house of Stuart, and that with this view he +suffered the act of security in Scotland to pass, which raised such a clamour +that he was forced to close with the whigs in order to save himself. It is +said also by a very good authority, Lord Hardwicke (note on Burnet, Oxf. +edit. v. 352) that there was something not easy to be accounted for in the +conduct of the ministry, preceding the attempt on Scotland in 1708; +giving us to understand in the subsequent part of the note that Godolphin +was suspected of connivance with it. And this is confirmed by Ker of +Kersland, who directly charges the treasurer with extreme remissness, if +not something worse. <i>Memoirs</i>, i. 54. See also Lockhart's <i>Commentaries</i> +(in <i>Lockhart Papers</i>, i. 308). Yet it seems almost impossible to suspect +Godolphin of such treachery, not only towards the protestant succession, +but his mistress herself.</p> + +<p class="footnote"><a name="Footnote_321" id="Footnote_321" href="#FNanchor_321"><span class="label">[321]</span></a> + Macpherson, ii. 74 <i>et post</i>; Hooke's <i>Negotiations</i>; Lockhart's <i>Commentaries</i>; +Ker of Kersland's <i>Memoirs</i>, 45; Burnet; Cunningham; +Somerville.</p> + +<p class="footnote"><a name="Footnote_322" id="Footnote_322" href="#FNanchor_322"><span class="label">[322]</span></a> + Burnet, 502.</p> + +<p class="footnote"><a name="Footnote_323" id="Footnote_323" href="#FNanchor_323"><span class="label">[323]</span></a> + Macpherson, ii. 158, 228, 283, and see Somerville, 272.</p> + +<p class="footnote"><a name="Footnote_324" id="Footnote_324" href="#FNanchor_324"><span class="label">[324]</span></a> + <i>Memoirs of Berwick</i>, 1778 (English translation). And compare +Lockhart's <i>Commentaries</i>, p. 368; Macpherson, sub. ann. 1712 and 1713, +<i>passim</i>.</p> + +<p class="footnote"><a name="Footnote_325" id="Footnote_325" href="#FNanchor_325"><span class="label">[325]</span></a> + The pamphlets on Harley's side, and probably written under his +inspection, for at least the first year after his elevation to power, such as +one entitled "Faults on both Sides," ascribed to Richard Harley, his +relation (<i>Somers Tracts</i>, xii. 678); "Spectator's Address to the Whigs on +Occasion of the stabbing Mr. Harley," or the "Secret History of the +October Club," 1711 (I believe by De Foe), seem to have for their object +to reconcile as many of the whigs as possible to his administration, and to +display his aversion to the violent tories. There can be no doubt that his +first project was to have excluded the more acrimonious whigs, such as +Wharton and Sunderland, as well as the Duke of Marlborough and his +wife, and coalesced with Cowper and Somers, both of whom were also in +favour with the queen. But the steadiness of the whig party, and their +resentment of his duplicity, forced him into the opposite quarters, though +he never lost sight of his schemes for reconciliation.</p> + +<p class="footnote">The dissembling nature of this unfortunate statesman rendered his +designs suspected. The whigs, at least in 1713, in their correspondence +with the court of Hanover, speak of him as entirely in the jacobite interest. +Macpherson, ii. 472, 509. Cunningham, who is not on the whole unfavourable +to Harley, says, that "men of all parties agreed in concluding +that his designs were in the Pretender's favour. And it is certain that he +affected to have it thought so."—P. 303. Lockhart also bears witness to +the reliance placed on him by the jacobites, and argues with some plausibility +(p. 377) that the Duke of Hamilton's appointment as ambassador to +France, in 1712, must have been designed to further their object; though +he believed that the death of that nobleman, in a duel with Lord Mohun, +just as he was setting out for Paris, put a stop to the scheme, and "questions +if it was ever heartily re-assumed by Lord Oxford."—"This I know, +that his lordship regretting to a friend of mine the duke's death, next day +after it happened, told him that it disordered all their schemes, seeing +Great Britain did not afford a person capable to discharge the trust which +was committed to his grace, which sure was somewhat very extraordinary; +and what other than the king's restoration could there be of so very great +importance, or require such dexterity in managing, is not easy to imagine. +And indeed it is more than probable that before his lordship could pitch +upon one he might depend on in such weighty matters, the discord and +division which happened betwixt him and the other ministers of state +diverted or suspended his design of serving the king." Lockhart's <i>Commentaries</i>, +p. 410. But there is more reason to doubt whether this design +to serve the king ever existed.</p> + +<p class="footnote"><a name="Footnote_326" id="Footnote_326" href="#FNanchor_326"><span class="label">[326]</span></a> + If we may trust to a book printed in 1717, with the title, "Minutes of +Monsieur Mesnager's Negotiations with the Court of England towards the +Close of the last Reign, written by himself," that agent of the French +cabinet entered into an arrangement with Bolingbroke in March 1712, +about the Pretender. It was agreed that Louis should ostensibly abandon +him, but should not be obliged, in case of the queen's death, not to use +endeavours for his restoration. Lady Masham was wholly for this; but +owned "the rage and irreconcilable aversion of the greatest part of the +common people to her (the queen's) brother was grown to a height." But +I must confess that, although Macpherson has extracted the above passage, +and a more judicious writer, Somerville, quotes the book freely as genuine +(<i>Hist. of Anne</i>, p. 581, etc.), I found in reading it what seemed to me the +strongest grounds of suspicion. It is printed in England, without a word +of preface to explain how such important secrets came to be divulged, or +by what means the book came before the world; the correct information +as to English customs and persons frequently betrays a native pen; the +truth it contains, as to jacobite intrigues, might have transpired from other +sources, and in the main was pretty well suspected, as the Report of the +Secret Committee on the Impeachments in 1715 shows; so that, upon the +whole, I cannot but reckon it a forgery in order to injure the tory leaders.</p> + +<p class="footnote">But however this may be, we find Bolingbroke in correspondence with +the Stuart agents in the later part of 1712. Macpherson, 366. And his +own correspondence with Lord Strafford shows his dread and dislike of +Hanover (<i>Bol. Corr.</i> ii. 487 <i>et alibi</i>). The Duke of Buckingham wrote to +St. Germains in July that year, with strong expressions of his attachment +to the cause, and pressing the necessity of the prince's conversion to the +protestant religion. Macpherson, 327. Ormond is mentioned in the Duke +of Berwick's letters as in correspondence with him; and Lockhart says +there was no reason to make the least question of his affection to the king, +whose friends were consequently well pleased at his appointment to succeed +Marlborough in the command of the army, and thought it portended some +good designs in favour of him. <i>Id.</i> 376.</p> + +<p class="footnote">Of Ormond's sincerity in this cause there can indeed be little doubt; +but there is almost as much reason to suspect that of Bolingbroke as of +Oxford; except that, having more rashness and less principle, he was +better fitted for so dangerous a counter-revolution. But in reality he had +a perfect contempt for the Stuart and tory notions of government, and +would doubtless have served the house of Hanover with more pleasure, if +his prospects in that quarter had been more favourable. It appears that +in the session of 1714, when he had become lord of the ascendant, he disappointed +the zealous royalists by his delays as much as his more cautious +rival had done before. Lockhart, 470. This writer repeatedly asserts +that a majority of the House of Commons, both in the parliament of 1710 +and that of 1713, wanted only the least encouragement from the court to +have brought about the repeal of the act of settlement. But I think this +very doubtful; and I am quite convinced that the nation would not have +acquiesced in it. Lockhart is sanguine, and ignorant of England.</p> + +<p class="footnote">It must be admitted that part of the cabinet were steady to the protestant +succession. Lord Dartmouth, Lord Powlett, Lord Trevor, and the Bishop +of London were certainly so; nor can there be any reasonable doubt, as I +conceive, of the Duke of Shrewsbury. On the other side, besides Ormond, +Harcourt, and Bolingbroke, were the Duke of Buckingham, Sir William +Wyndham, and probably Mr. Bromley.</p> + +<p class="footnote"><a name="Footnote_327" id="Footnote_327" href="#FNanchor_327"><span class="label">[327]</span></a> + It is said that the Duke of Leeds, who was now in the Stuart interest, +had sounded her in 1711, but with no success in discovering her intention. +Macpherson, 212. The Duke of Buckingham pretended, in the above-mentioned +letter to St. Germains, June 1712, that he had often pressed +the queen on the subject of her brother's restoration, but could get no +other answer than, "you see he does not make the least step to oblige +me;" or, "he may thank himself for it: he knows I always loved him +better than the other." <i>Id.</i> 328. This alludes to the Pretender's pertinacity, +as the writer thought it, in adhering to his religion; and it may +be very questionable, whether he had ever such conversation with the +queen at all. But, if he had, it does not lead to the supposition, that under +all circumstances she meditated his restoration. If the book under the +name of Mesnager is genuine, which I much doubt, Mrs. Masham had never +been able to elicit anything decisive of her majesty's inclinations; nor do +any of the Stuart correspondents in Macpherson pretend to know her +intentions with certainty. The following passage in Lockhart seems +rather more to the purpose: On his coming to parliament in 1710, with a +"high monarchical address," which he had procured from the county of +Edinburgh, "the queen told me, though I had almost always opposed her +measures, she did not doubt of my affection to her person, and hoped I +would not concur in the design against Mrs. Masham, or for bringing over +the Prince of Hanover. At first I was somewhat surprised, but recovering +myself, I assured her I should never be accessary to the imposing any +hardship or affront upon her; and as for the Prince of Hanover, her +majesty might judge from the address I had read, that I should not be +acceptable to my constituents if I gave my consent for bringing over any +of that family, either now or at any time hereafter. At that she smiled, +and I withdrew; and then she said to the duke (Hamilton), she believed +I was an honest man and a fair dealer, and the duke replied, he could +assure her I liked her majesty and all her father's bairns."—P. 317. It +appears in subsequent parts of this book, that Lockhart and his friends +were confident of the queen's inclinations in the last year of her life, though +not of her resolution.</p> + +<p class="footnote">The truth seems to be, that Anne was very dissembling, as Swift +repeatedly says in his private letters, and as feeble and timid persons in +high station generally are; that she hated the house of Hanover, and in +some measure feared them; but that she had no regard for the Pretender +(for it is really absurd to talk like Somerville of natural affection under all +the circumstances), and feared him a great deal more than the other; that +she had, however, some scruples about his right, which were counterbalanced +by her attachment to the church of England; consequently, that +she was wavering among opposite impulses, but with a predominating +timidity which would have probably kept her from any change.</p> + +<p class="footnote"><a name="Footnote_328" id="Footnote_328" href="#FNanchor_328"><span class="label">[328]</span></a> + The Duchess of Gordon, in June 1711, sent a silver medal to the faculty +of advocates at Edinburgh, with a head on one side, and the inscription, +"<span lang="la" xml:lang="la">Cujus est</span>"; on the other, the British isles, with the word "<span lang="la" xml:lang="la">Reddite</span>." +The dean of faculty, Dundas of Arniston, presented this medal; and there +seems reason to believe that a majority of the advocates voted for its +reception. Somerville, p. 452. Bolingbroke, in writing on the subject to +a friend, it must be owned, speaks of the proceeding with due disapprobation. +<i>Bolingbroke Correspondence</i>, i. 343. No measures, however, were +taken to mark the court's displeasure.</p> + +<p class="footnote">"Nothing is more certain," says Bolingbroke in his letter to Sir William +Wyndham, perhaps the finest of his writings, "than this truth, that there +was at that time <i>no formed design</i> in the party, whatever views some +particular men might have, against his majesty's accession to the throne."—P. +22. This is in effect to confess a great deal; and in other parts of +the same letter, he makes admissions of the same kind: though he says +that he and other tories had determined, before the queen's death, to have +no connection with the Pretender, on account of his religious bigotry. +P. 111.</p> + +<p class="footnote"><a name="Footnote_329" id="Footnote_329" href="#FNanchor_329"><span class="label">[329]</span></a> + Lockhart gives us a speech of Sir William Whitelock in 1714, bitterly +inveighing against the elector of Hanover, who, he hoped, would never +come to the crown. Some of the whigs cried out on this that he should +be brought to the bar; when Whitelock said he would not recede an inch; +he hoped the queen would outlive that prince, and in comparison to her +he did not value all the princes of Germany one farthing. P. 469. Swift, +in "Some Free Thoughts upon the present State of Affairs," 1714, speaks +with much contempt of the house of Hanover and its sovereign; and +suggests, in derision, that the infant son of the electoral prince might be +invited to take up his residence in England. He pretends in this tract, +as in all his writings, to deny entirely that there was the least tendency +towards jacobitism, either in any one of the ministry, or even any eminent +individual out of it; but with so impudent a disregard of truth that I am +not perfectly convinced of his own innocence as to that intrigue. Thus, +in his "Inquiry into the Behaviour of the Queen's last Ministry," he says, +"I remember, during the late treaty of peace, discoursing at several times +with some very eminent persons of the opposite side with whom I had +long acquaintance. I asked them seriously, whether they or any of their +friends did in earnest believe, or suspect the queen or the ministry to have +any favourable regards towards the Pretender? They all confessed for +themselves that they believed nothing of the matter," etc. He then tells +us that he had the curiosity to ask almost every person in great employment, +whether they knew or had heard of any one particular man, except +professed nonjurors, that discovered the least inclination towards the +Pretender; and the whole number they could muster up did not amount +to above five or six; among whom one was a certain old lord lately dead, +and one a private gentleman, of little consequence and of a broken fortune, +etc. (vol. 15, p. 94, edit. 12mo, 1765). This acute observer of mankind +well knew that lying is frequently successful in the ratio of its effrontery +and extravagance. There are, however, some passages in this tract, as in +others written by Swift, in relation to that time, which serve to illustrate +the obscure machinations of those famous last years of the queen.</p> + +<p class="footnote"><a name="Footnote_330" id="Footnote_330" href="#FNanchor_330"><span class="label">[330]</span></a> + On a motion in the House of Lords that the protestant succession was +in danger, April 5, 1714, the ministry had only a majority of 76 to 69, +several bishops and other tories voting against them. <i>Parl. Hist.</i> vi. 1334. +Even in the Commons the division was but 256 to 208. <i>Id.</i> 1347.</p> + +<p class="footnote"><a name="Footnote_331" id="Footnote_331" href="#FNanchor_331"><span class="label">[331]</span></a> + Somerville has a separate dissertation on the danger of the protestant +succession, intended to prove that it was in no danger at all, except +through the violence of the whigs in exasperating the queen. It is true +that Lockhart's <i>Commentaries</i> were not published at this time; but he had +Macpherson before him, and the <i>Memoirs of Berwick</i>, and even gave credit +to the authenticity of Mesnager, which I do not. But this sensible, and +on the whole impartial writer, had contracted an excessive prejudice +against the whigs of that period as a party, though he seems to adopt their +principles. His dissertation is a laboured attempt to explain away the +most evident facts, and to deny what no one of either party at that time +would probably have in private denied.</p> + +<p class="footnote"><a name="Footnote_332" id="Footnote_332" href="#FNanchor_332"><span class="label">[332]</span></a> + The queen was very ill about the close of 1713; in fact it became +evident, as it had long been apprehended, that she could not live much +longer. The Hanoverians, both whigs and tories, urged that the electoral +prince should be sent for; it was thought that whichever of the competitors +should have the start upon her death would succeed in securing +the crown. Macpherson, 385, 546, 557 <i>et alibi</i>. Can there be a more +complete justification of this measure, which Somerville and the tory +writers treat as disrespectful to the queen? The Hanoverian envoy, +Schutz, demanded the writ for the electoral prince without his master's +orders; but it was done with the advice of all the whig leaders (<i>Id.</i> 592), +and with the sanction of the Electress Sophia, who died immediately after. +"All who are for Hanover believe the coming of the electoral prince to +be advantageous; all those against it are frightened at it." <i>Id.</i> 596. It +was doubtless a critical moment; and the court of Hanover might be +excused for pausing in the choice of dangers, as the step must make the +queen decidedly their enemy. She was greatly offended, and forbade the +Hanoverian minister to appear at court. Indeed she wrote to the elector, +on May 19, expressing her disapprobation of the prince's coming over to +England, and "her determination to oppose a project so contrary to her +royal authority, however fatal the consequences may be." <i>Id.</i> 621. +Oxford and Bolingbroke intimate the same. <i>Id.</i> 593; and see <i>Bolingbroke +Correspondence</i>, iv. 512, a very strong passage. The measure was given +up, whether from unwillingness on the part of George to make the queen +irreconcilable, or, as is at least equally probable, out of jealousy of his son. +The former certainly disappointed his adherents by more apparent apathy +than their ardour required; which will not be surprising, when we reflect +that, even upon the throne, he seemed to care very little about it. Macpherson, +sub ann. 1714, <i>passim</i>.</p> + +<p class="footnote"><a name="Footnote_333" id="Footnote_333" href="#FNanchor_333"><span class="label">[333]</span></a> + He was strongly pressed by his English adherents to declare himself a +protestant. He wrote a very good answer. Macpherson, 436. Madame +de Maintenon says, some catholics urged him to the same course, "par une +politique poussée un peu trop loin." <i>Lettres à la Princesse des Ursins</i>, +ii. 428.</p> + +<p class="footnote"><a name="Footnote_334" id="Footnote_334" href="#FNanchor_334"><span class="label">[334]</span></a> + The rage of the tory party against the queen and Lord Oxford for +retaining whigs in office is notorious from Swift's private letters, and many +other authorities. And Bolingbroke, in his letter to Sir W. Wyndham, +very fairly owns their intention "to fill the employments of the kingdom, +down to the meanest, with tories."—"We imagined," he proceeds, "that +such measures, joined to the advantages of our numbers and our property, +would secure us against all attempts during her reign; and that we should +soon become too considerable not to make our terms in all events which +might happen afterwards; concerning which, to speak truly, I believe few +or none of us had any very settled resolution." P. 11. It is rather +amusing to observe that those who called themselves the tory or church +party, seem to have fancied they had a natural right to power and profit, +so that an injury was done them when these rewards went another way; +and I am not sure that something of the same prejudice has not been +perceptible in times a good deal later.</p> + +<p class="footnote"><a name="Footnote_335" id="Footnote_335" href="#FNanchor_335"><span class="label">[335]</span></a> + Though no republican party, as I have elsewhere observed, could with +any propriety be said to exist, it is easy to perceive that a certain degree +of provocation from the Crown might have brought one together in no +slight force. These two propositions are perfectly compatible.</p> + +<p class="footnote"><a name="Footnote_336" id="Footnote_336" href="#FNanchor_336"><span class="label">[336]</span></a> + This is well put by Bishop Willis in his speech on the bill against +Atterbury. <i>Parl. Hist.</i> viii. 305. In a pamphlet, entitled "English +Advice to the Freeholders" (<i>Somers Tracts</i>, xiii. 521), ascribed to Atterbury +himself, a most virulent attack is made on the government, merely because +what he calls the church party had been thrown out of office. "Among +all who call themselves whigs," he says, "and are of any consideration as +such, name me the man I cannot prove to be an inveterate enemy to the +church of England; and I will be a convert that instant to their cause." +It must be owned perhaps that the whig ministry might better have +avoided some reflections on the late times in the addresses of both houses; +and still more, some not very constitutional recommendations to the +electors, in the proclamation calling the new parliament in 1714 <i>Parl. +Hist.</i> vi. 44, 50. "Never was prince more universally well received by +subjects than his present majesty on his arrival; and never was less done +by a prince to create a change in people's affections. But so it is, a very +observable change hath happened. Evil infusions were spread on the one +hand; and, it may be, there was too great a stoicism or contempt of +popularity on the other." "Argument to prove the Affections of the +People of England to be the best Security for the Government," p. 11 +(1716). This is the pamphlet written to recommend lenity towards the +rebels, which Addison has answered in the <i>Freeholder</i>. It is invidious, and +perhaps secretly jacobite. Bolingbroke observes, in the letter already +quoted, that the Pretender's journey from Bar, in 1714, was a mere farce, +no party being ready to receive him; but "the menaces of the whigs, +backed by some very rash declarations [those of the king], and little circumstances +of humour, which frequently offend more than real injuries, +and by the entire change of all persons in employment, blew up the coals."—P. +34. Then, he owns, the tories looked to Bar. "The violence of the +whigs forced them into the arms of the Pretender." It is to be remarked +on all this, that, by Bolingbroke's own account, the tories, if they had no +"formed design" or "settled resolution" that way, were not very +determined in their repugnance before the queen's death; and that the +chief violence of which they complained was, that George chose to employ +his friends rather than his enemies.</p> + +<p class="footnote"><a name="Footnote_337" id="Footnote_337" href="#FNanchor_337"><span class="label">[337]</span></a> + The trials after this rebellion were not conducted with quite that +appearance of impartiality which we now exact from judges. Chief Baron +Montagu reprimanded a jury for acquitting some persons indicted for +treason; and Tindal, an historian very strongly on the court side, admits +that the dying speeches of some of the sufferers made an impression on +the people, so as to increase rather than lessen the number of jacobites. +<i>Continuation of Rapin</i>, p. 501 (folio edit.). There seems, however, upon +the whole, to have been greater and less necessary severity after the +rebellion in 1745; and upon this latter occasion it is impossible not to +reprobate the execution of Mr. Ratcliffe (brother of that Earl of Derwentwater +who had lost his head in 1716), after an absence of thirty years from +this country, to the sovereign of which he had never professed allegiance +nor could owe any, except by the fiction of our law.</p> + +<p class="footnote"><a name="Footnote_338" id="Footnote_338" href="#FNanchor_338"><span class="label">[338]</span></a> + <i>Parl. Hist.</i> 73. It was carried against Oxford by 247 to 127, Sir +Joseph Jekyll strongly opposing it, though he had said before (<i>Id.</i> 67) +that they had more than sufficient evidence against Bolingbroke on the +statute of Edward III. A motion was made in the Lords, to consult the +judges whether the articles amounted to treason, but lost by 84 to 52. +<i>Id.</i> 154. Lord Cowper on this occasion challenged all the lawyers in +England to disprove that proposition. The proposal of reference to the +judges was perhaps premature; but the house must surely have done this +before their final sentence, or shown themselves more passionate than in +the case of Lord Strafford.</p> + +<p class="footnote"><a name="Footnote_339" id="Footnote_339" href="#FNanchor_339"><span class="label">[339]</span></a> + <i>Parl. Hist.</i> vii. 486. The division was 88 to 56. There was a schism +in the whig party at this time; yet I should suppose the ministers might +have prevented this defeat, if they had been anxious to do so. It seems, +however, by a letter in Coxe's <i>Memoirs of Walpole</i>, vol. ii. p. 123, that the +government were for dropping the charge of treason against Oxford, "it +being very certain that there is not sufficient evidence to convict him of +that crime," but for pressing those of misdemeanour.</p> + +<p class="footnote"><a name="Footnote_340" id="Footnote_340" href="#FNanchor_340"><span class="label">[340]</span></a> + <i>Parl. Hist.</i> vii. 105.</p> + +<p class="footnote"><a name="Footnote_341" id="Footnote_341" href="#FNanchor_341"><span class="label">[341]</span></a> + <i>Parl. Hist.</i> vi. 972. Burnet, 560, makes some observations on the vote +passed on this occasion, censuring the late ministers for advising an +offensive war in Spain. "A resolution in council is only the sovereign's +act, who upon hearing his counsellors deliver their opinions, forms his own +resolution; a counsellor may indeed be liable to censure for what he may +say at that board; but the resolution taken there has been hitherto +treated with a silent respect; but by that precedent it will be hereafter +subject to a parliamentary inquiry." Speaker Onslow justly remarks that +these general and indefinite sentiments are liable to much exception, and +that the bishop did not try them by his whig principles. The first instance +where I find the responsibility of some one for every act of the Crown +strongly laid down is in a speech of the Duke of Argyle, in 1739. <i>Parl. +Hist.</i> ix. 1138. "It is true," he says, "the nature of our constitution +requires that public acts should be issued out in his majesty's name; but +for all that, my lords, he is not the author of them."</p> + +<p class="footnote"><a name="Footnote_342" id="Footnote_342" href="#FNanchor_342"><span class="label">[342]</span></a> + "Lord Bolingbroke used to say that the restraining orders to the Duke +of Ormond were proposed in the cabinet council, in the queen's presence, +by the Earl of Oxford, who had not communicated his intention to the +rest of the ministers; and that Lord Bolingbroke was on the point of +giving his opinion against it, when the queen, without suffering the matter +to be debated, directed these orders to be sent, and broke up the council. +This story was told by the late Lord Bolingbroke to my father." Note +by Lord Hardwicke on Burnet (Oxf. edit. vi. 119). The noble annotator +has given us the same anecdote in the <i>Hardwicke State Papers</i>, ii. 482; but +with this variance, that Lord Bolingbroke there ascribes the orders to the +queen herself, though he conjectured them to have proceeded from Lord +Oxford.</p> + +<p class="footnote"><a name="Footnote_343" id="Footnote_343" href="#FNanchor_343"><span class="label">[343]</span></a> + <i>Parl. Hist.</i> vii. 292. The apprehension that parliament, having taken +this step, might go on still farther to protract its own duration, was not +quite idle. We find from Coxe's <i>Memoirs of Walpole</i>, ii. 217, that in 1720, +when the first septennial House of Commons had nearly run its term, there +was a project of once more prolonging its life.</p> + +<p class="footnote"><a name="Footnote_344" id="Footnote_344" href="#FNanchor_344"><span class="label">[344]</span></a> + <i>Parl. Hist.</i> vii. 589.</p> + +<p class="footnote"><a name="Footnote_345" id="Footnote_345" href="#FNanchor_345"><span class="label">[345]</span></a> + The arguments on this side are urged by Addison, in the <i>Old Whig</i>; +and by the author of a tract, entitled "Six Questions Stated and Answered."</p> + +<p class="footnote"><a name="Footnote_346" id="Footnote_346" href="#FNanchor_346"><span class="label">[346]</span></a> + The speeches of Walpole and others, in the Parliamentary Debates, +contain the whole force of the arguments against the peerage bill. Steele +in the <i>Plebeian</i> opposed his old friend and coadjutor, Addison, who forgot +a little in party and controversy their ancient friendship.</p> + +<p class="footnote">Lord Sunderland held out, by way of inducements to the bill, that the +Lords would part with <i><span lang="la" xml:lang="la">scandalum magnatum</span></i>, and permit the Commons +to administer an oath; and that the king would give up the prerogative +of pardoning after an impeachment. Coxe's <i>Walpole</i>, ii. 172. Mere trifles, +in comparison with the innovations projected.</p> + +<p class="footnote"><a name="Footnote_347" id="Footnote_347" href="#FNanchor_347"><span class="label">[347]</span></a> + The letters in Coxe's <i>Memoirs of Walpole</i>, vol. ii., abundantly show the +German nationality, the impolicy and neglect of his duties, the rapacity +and petty selfishness of George I. The whigs were much dissatisfied; but +fear of losing their places made them his slaves. Nothing can be more +demonstrable than that the king's character was the main cause of preserving +jacobitism, as that of his competitor was of weakening it.</p> + +<p class="footnote">The habeas corpus was several times suspended in this reign, as it had +been in that of William. Though the perpetual conspiracies of the +jacobites afforded a sufficient apology for this measure, it was invidiously +held up as inconsistent with a government which professed to stand on the +principles of liberty. <i>Parl. Hist.</i> v. 153, 267, 604; vii. 276; viii. 38. +But some of these suspensions were too long, especially the last, from +October 1722 to October 1723. Sir Joseph Jekyll, with his usual zeal for +liberty, moved to reduce the time to six months.</p> + +<p class="footnote"><a name="Footnote_348" id="Footnote_348" href="#FNanchor_348"><span class="label">[348]</span></a> + "It was first settled by a verbal agreement between Archbishop +Sheldon and the Lord Chancellor Clarendon, and tacitly given into by the +clergy in general as a great ease to them in taxations. The first public act +of any kind relating to it was an act of parliament in 1665, by which the +clergy were, in common with the laity, charged with the tax given in that +act, and were discharged from the payment of the subsidies they had +granted before in convocation; but in this act of parliament of 1665 there +is an express saving of the right of the clergy to tax themselves in convocation, +if they think fit; but that has been never done since, nor attempted, +as I know of, and the clergy have been constantly from that time charged +with laity in all public aids to the Crown by the House of Commons. In +consequence of this (but from what period I cannot say), without the +intervention of any particular law for it, except what I shall mention +presently, the clergy (who are not lords of parliament) have assumed, and +without any objection enjoyed, the privilege of voting in the election of +members of the House of Commons, in virtue of their ecclesiastical freeholds. +This has constantly been practised from the time it first began; +there are two acts of parliament which suppose it to be now a right. The +acts are 10 Anne, c. 23; 18 Geo. II. c. 18. Gibson, Bishop of London, +said to me, that this (the taxation of the clergy out of convocation) was +the greatest alteration in the constitution ever made without an express +law." Speaker Onslow's note on Burnet (Oxf. edit. iv. 508).</p> + +<p class="footnote"><a name="Footnote_349" id="Footnote_349" href="#FNanchor_349"><span class="label">[349]</span></a> + The first authority I have observed for this pretension is an address +of the House of Lords (19 Nov. 1675) to the throne, for the frequent +meeting of the convocation, and that they do make to the king such +representations as may be for the safety of the religion established. Lords' +Journals. This address was renewed February 22, 1677. But what took +place in consequence I am not apprised. It shows, however, some degree +of dissatisfaction on the part of the bishops, who must be presumed to +have set forward these addresses, at the virtual annihilation of their synod +which naturally followed from its relinquishment of self-taxation.</p> + +<p class="footnote"><a name="Footnote_350" id="Footnote_350" href="#FNanchor_350"><span class="label">[350]</span></a> + Kennet, 799, 842; Burnet, 280. This assembly had been suffered to +sit, probably, in consequence of the tory maxims which the ministry of +that year professed.</p> + +<p class="footnote"><a name="Footnote_351" id="Footnote_351" href="#FNanchor_351"><span class="label">[351]</span></a> + Wilkins's <i>Concilia</i>, iv.; Burnet, <i>passim</i>; Boyer's <i>Life of Queen Anne</i>, +225; Somerville, 82, 124.</p> + +<p class="footnote"><a name="Footnote_352" id="Footnote_352" href="#FNanchor_352"><span class="label">[352]</span></a> + The lower house of convocation, in the late reign, among their other +vagaries, had requested "that some synodical notice might be taken of +the dishonour done to the church by a sermon preached by Mr. Benjamin +Hoadley at St. Lawrence Jewry, Sept. 29, 1705, containing positions +contrary to the doctrine of the church, expressed in the first and second +parts of the homily against disobedience and wilful rebellion." Wilkins, +iv. 634.</p> + +<p class="footnote"><a name="Footnote_353" id="Footnote_353" href="#FNanchor_353"><span class="label">[353]</span></a> + These qualities are so apparent, that after turning over some forty or +fifty tracts, and consuming a good many hours on the Bangorian controversy, +I should find some difficulty in stating with precision the propositions +in dispute. It is, however, evident that a dislike, not perhaps exactly +to the house of Brunswick, but to the tenor of George I.'s administration, +and to Hoadley himself as an eminent advocate for it, who had been +rewarded accordingly, was at the bottom a leading motive with most of +the church party; some of whom, such as Hare, though originally of a +whig connection, might have had disappointments to exasperate them.</p> + +<p class="footnote">There was nothing whatever in Hoadley's sermon injurious to the +established endowments and privileges, nor to the discipline and government, +of the English church, even in theory. If this had been the case, +he might be reproached with some inconsistency in becoming so large a +partaker of her honours and emoluments. He even admitted the usefulness +of censures for open immoralities, though denying all church authority to +oblige any one to external communion, or to pass any sentence which +should determine the condition of men with respect to the favour or displeasure +of God. Hoadley's Works, ii. 465, 493. Another great question +in this controversy was that of religious liberty, as a civil right, which the +convocation explicitly denied. And another related to the much debated +exercise of private judgment in religion, which, as one party meant virtually +to take away, so the other perhaps unreasonably exaggerated. Some other +disputes arose in the course of the combat, particularly the delicate +problem of the value of sincerity as a plea for material errors.</p> + +<p class="footnote"><a name="Footnote_354" id="Footnote_354" href="#FNanchor_354"><span class="label">[354]</span></a> + Tindal, 539.</p> + +<p class="footnote"><a name="Footnote_355" id="Footnote_355" href="#FNanchor_355"><span class="label">[355]</span></a> + <i>Parl. Hist.</i> vi. 362.</p> + +<p class="footnote"><a name="Footnote_356" id="Footnote_356" href="#FNanchor_356"><span class="label">[356]</span></a> + 10 Anne, c. 2.</p> + +<p class="footnote"><a name="Footnote_357" id="Footnote_357" href="#FNanchor_357"><span class="label">[357]</span></a> + 12 Anne, c. 7; <i>Parl. Hist.</i> vi. 1349. The schism act, according to +Lockhart, was promoted by Bolingbroke, in order to gratify the high +tories, and to put Lord Oxford under the necessity of declaring himself +one way or other. "Though the Earl of Oxford voted for it himself, he +concurred with those who endeavoured to restrain some parts which they +reckoned too severe; and his friends in both houses, particularly his +brother auditor Harley, spoke and voted against it very earnestly."—P. +462.</p> + +<p class="footnote"><a name="Footnote_358" id="Footnote_358" href="#FNanchor_358"><span class="label">[358]</span></a> + 5 Geo. I. c. 4. The whigs out of power, among whom was Walpole, +factiously and inconsistently opposed the repeal of the schism act, so that +it passed with much difficulty. <i>Parl. Hist.</i> vii. 569.</p> + +<p class="footnote"><a name="Footnote_359" id="Footnote_359" href="#FNanchor_359"><span class="label">[359]</span></a> + The first act of this kind appears to have been in 1727. 1 Geo. II. c. 23. +It was repeated next year, intermitted the next, and afterwards renewed +in every year of that reign except the fifth, the seventeenth, the twenty-second, +the twenty-third, the twenty-sixth, and the thirtieth. Whether +these occasional interruptions were intended to prevent the nonconformists +from relying upon it, or were caused by some accidental circumstance, +must be left to conjecture. I believe that the renewal has been +regular every year since the accession of George III. It is to be remembered, +that the present work was first published before the repeal of the +test act in 1828.</p> + +<p class="footnote"><a name="Footnote_360" id="Footnote_360" href="#FNanchor_360"><span class="label">[360]</span></a> + We find in Gutch's <i>Collectanea Curiosa</i>, vol. i. p. 53, a plan, ascribed to +Lord Chancellor Macclesfield, for taking away the election of heads of +colleges from the fellows, and vesting the nomination in the great officers +of state, in order to cure the disaffection and want of discipline which was +justly complained of. This remedy would have been perhaps the substitution +of a permanent for a temporary evil. It appears also that +Archbishop Wake wanted to have had a bill, in 1716, for asserting the +royal supremacy, and better regulating the clergy of the two universities +(Coxe's <i>Walpole</i>, ii. 122); but I do not know that the precise nature of this +is anywhere mentioned. I can scarcely quote Amherst's <i><span lang="la" xml:lang="la">Terræ Filius</span></i> as +authority; it is a very clever, though rather libellous, invective against +the university of Oxford at that time; but from internal evidence, as well +as the confirmation which better authorities afford it, I have no doubt +that it contains much truth.</p> + +<p class="footnote">Those who have looked much at the ephemeral literature of these two +reigns must be aware of many publications fixing the charge of prevalent +disaffection on this university, down to the death of George II.; and +Dr. King, the famous jacobite master of St. Mary Hall, admits that some +were left to reproach him for apostasy in going to court on the accession +of the late king in 1760. The general reader will remember the <i>Isis</i> by +Mason, and the <i>Triumph of Isis</i> by Warton; the one a severe invective, +the other an indignant vindication; but in this instance, notwithstanding +the advantages which satire is supposed to have over panegyric, we must +award the laurel to the worse cause, and, what is more extraordinary, to +the worse poet.</p> + +<p class="footnote"><a name="Footnote_361" id="Footnote_361" href="#FNanchor_361"><span class="label">[361]</span></a> + Layer, who suffered on account of this plot, had accused several peers, +among others Lord Cowper, who complained to the house of the publication +of his name; and indeed, though he was at that time strongly in opposition +to the court, the charge seems wholly incredible. Lord Strafford, however, +was probably guilty; Lords North and Orrery certainly so. <i>Parl. Hist.</i> +viii. 203. There is even ground to suspect that Sunderland, to use Tindal's +words, "in the latter part of his life had entered into correspondencies and +designs, which would have been fatal to himself or to the public."—P. 657. +This is mentioned by Coxe, i. 165; and certainly confirmed by Lockhart, +ii. 68, 70. But the reader will hardly give credit to such a story as Horace +Walpole has told, that he coolly consulted Sir Robert, his political rival, +as to the part they should take on the king's death. Lord Orford's +Works, iv. 287.</p> + +<p class="footnote"><a name="Footnote_362" id="Footnote_362" href="#FNanchor_362"><span class="label">[362]</span></a> + <i>State Trials</i>, xvi. 324; <i>Parl. Hist.</i> viii. 195 <i>et post</i>. Most of the bishops +voted against their restless brother; and Willis, Bishop of Salisbury, made +a very good but rather too acrimonious a speech on the bill. <i>Id.</i> 298. +Hoadley, who was no orator, published two letters in the newspaper, +signed "Britannicus," in answer to Atterbury's defence; which, after all +that had passed, he might better have spared. Atterbury's own speech is +certainly below his fame, especially the peroration. <i>Id.</i> 267.</p> + +<p class="footnote">No one, I presume, will affect to doubt the reality of Atterbury's connections +with the Stuart family, either before his attainder or during his +exile. The proofs of the latter were published by Lord Hailes in 1768, +and may be found also in Nicholls's edition of Atterbury's <i>Correspondence</i>, +i. 148. Additional evidence is furnished by the <i>Lockhart Papers</i>, vol. ii. +<i>passim</i>.</p> + +<p class="footnote"><a name="Footnote_363" id="Footnote_363" href="#FNanchor_363"><span class="label">[363]</span></a> + The Stuart papers obtained lately from Rome, and now in his majesty's +possession, are said to furnish copious evidence of the jacobite intrigues, +and to affect some persons not hitherto suspected. We have reason to +hope that they will not be long withheld from the public, every motive for +concealment being wholly at an end.</p> + +<p class="footnote">It is said that there were not less than fifty jacobites in the parliament +of 1728. Coxe, ii. 294.</p> + +<p class="footnote"><a name="Footnote_364" id="Footnote_364" href="#FNanchor_364"><span class="label">[364]</span></a> + The tories, it is observed in the MS. journal of Mr. Yorke (second Earl +of Hardwicke), showed no sign of affection to the government at the time +when the invasion was expected in 1743, but treated it all with indifference. +<i>Parl. Hist.</i> xiii. 668. In fact a disgraceful apathy pervaded the nation; +and according to a letter from Mr. Fox to Mr. Winnington in 1745, which +I only quote from recollection, it seemed perfectly uncertain, from this +general passiveness, whether the revolution might not be suddenly brought +about. Yet very few comparatively, I am persuaded, had the slightest +attachment or prejudice in favour of the house of Stuart; but the continual +absence from England, and the Hanoverian predilections of the two +Georges, the feebleness and factiousness of their administration, and of +public men in general, and an indefinite opinion of misgovernment, raised +through the press, though certainly without oppression or arbitrary acts, +had gradually alienated the mass of the nation. But this would not lead +men to expose their lives and fortunes; and hence the people of England, a +thing almost incredible, lay quiet and nearly unconcerned, while the little +army of Highlanders came every day nearer to the capital. It is absurd, +however, to suppose that they could have been really successful by marching +onward; though their defeat might have been more glorious at +Finchley than at Culloden.</p> + +<p class="footnote"><a name="Footnote_365" id="Footnote_365" href="#FNanchor_365"><span class="label">[365]</span></a> + See <i>Parl. Hist.</i> xiii. 1244; and other proofs might be brought from the +same work, as well as from miscellaneous authorities of the age of George II.</p> + +<p class="footnote"><a name="Footnote_366" id="Footnote_366" href="#FNanchor_366"><span class="label">[366]</span></a> + See in the <i>Lockhart Papers</i>, ii. 565, a curious relation of Charles +Edward's behaviour in refusing to quit France after the peace of Aix-la-Chapelle. +It was so insolent and absurd that the government was +provoked to arrest him at the opera, and literally to order him to be bound +hand and foot; an outrage which even his preposterous conduct could +hardly excuse.</p> + +<p class="footnote">Dr. King was in correspondence with this prince for some years after the +latter's foolish, though courageous, visit to London in September 1750; +which he left again in five days, on finding himself deceived by some +sanguine friends. King says he was wholly ignorant of our history and +constitution. "I never heard him express any noble or benevolent +sentiment, the certain indications of a great soul and good heart; or +discover any sorrow or compassion for the misfortune of so many worthy +men who had suffered in his cause." <i>Anecdotes of his own Times</i>, p. 201. +He goes on to charge him with love of money and other faults. But his +great folly in keeping a mistress, Mrs. Walkinshaw, whose sister was housekeeper +at Leicester House, alarmed the jacobites. "These were all men +of fortune and distinction, and many of them persons of the first quality, +who attached themselves to the P. as to a person who they imagined might +be made the instrument of saving their country. They were sensible that +by Walpole's administration the English government was become a +system of corruption; and that Walpole's successors, who pursued his plan +without any of his abilities, had reduced us to such a deplorable situation +that our commercial interest was sinking, our colonies in danger of being +lost, and Great Britain, which, if her powers were properly exerted, as they +were afterwards in Mr. Pitt's administration, was able to give laws to other +nations, was become the contempt of all Europe."—P. 208. This is in +truth the secret of the continuance of jacobitism. But possibly that party +were not sorry to find a pretext for breaking off so hopeless a connection, +which they seem to have done about 1755. Mr. Pitt's great successes +reconciled them to the administration; and his liberal conduct brought +back those who had been disgusted by an exclusive policy. On the +accession of a new king they flocked to St. James's; and probably scarcely +one person of the rank of a gentleman, south of the Tweed, was found +to dispute the right of the house of Brunswick after 1760. Dr. King himself, +it may be observed, laughs at the old passive obedience doctrine (page 193); +so far was he from being a jacobite of that school.</p> + +<p class="footnote">A few nonjuring congregations lingered on far into the reign of George +III., presided over by the successors of some bishops whom Lloyd of +Norwich, the last of those deprived at the revolution, had consecrated in +order to keep up the schism. A list of these is given in D'Oyly's <i>Life of +Sancroft</i>, vol. ii. p. 34, whence it would appear that the last of them died +in 1779. I can trace the line a little farther: a bishop of that separation, +named Cartwright, resided at Shrewsbury in 1793, carrying on the business +of a surgeon. <i>State Trials</i>, xxiii. 1073. I have heard of similar congregations +in the west of England still later. He had, however, become a very +loyal subject to King George: a singular proof of that tenacity of life by +which religious sects, after dwindling down through neglect, excel frogs +and tortoises; and that, even when they have become almost equally +cold-blooded!</p> + +<p class="footnote"><a name="Footnote_367" id="Footnote_367" href="#FNanchor_367"><span class="label">[367]</span></a> + <i>Parl. Hist.</i> viii. 904.</p> + +<p class="footnote"><a name="Footnote_368" id="Footnote_368" href="#FNanchor_368"><span class="label">[368]</span></a> + <i>Id.</i> vii. 536.</p> + +<p class="footnote"><a name="Footnote_369" id="Footnote_369" href="#FNanchor_369"><span class="label">[369]</span></a> + 8 Geo. 2, c. 30; <i>Parl. Hist.</i> viii. 883.</p> + +<p class="footnote"><a name="Footnote_370" id="Footnote_370" href="#FNanchor_370"><span class="label">[370]</span></a> + The military having been called in to quell an alleged riot at Westminster +election in 1741, it was resolved (Dec. 22nd) "that the presence +of a regular body of armed soldiers at an election of members to serve in +parliament is a high infringement of the liberties of the subject, a manifest +violation of the freedom of elections, and an open defiance of the laws and +constitution of this kingdom." The persons concerned in this, having +been ordered to attend the house, received on their knees a very severe +reprimand from the speaker. <i>Parl. Hist.</i> ix. 326. Upon some occasion, +the circumstances of which I do not recollect, Chief Justice Willis uttered +some laudable sentiments as to the subordination of military power.</p> + +<p class="footnote"><a name="Footnote_371" id="Footnote_371" href="#FNanchor_371"><span class="label">[371]</span></a> + Lord Hardwicke threw out the militia bill in 1756, thinking some of +its clauses rather too republican, and, in fact, being adverse to the scheme. +<i>Parl. Hist.</i> xv. 704; H. Walpole's <i>Memoirs</i>, ii. 45; Coxe's <i>Memoirs of +Lord Walpole</i>, 450.</p> + +<p class="footnote"><a name="Footnote_372" id="Footnote_372" href="#FNanchor_372"><span class="label">[372]</span></a> + By the act of 6 Anne, c. 7, all persons holding pensions from the Crown +during pleasure were made incapable of sitting in the House of Commons; +which was extended by 1 Geo. I. c. 56, to those who held them for any +term of years. But the difficulty was to ascertain the fact; the government +refusing information. Mr. Sandys, accordingly proposed a bill in +1730, by which every member of the Commons was to take an oath that he +did not hold any such pension, and that, in case of accepting one, he would +disclose it to the house within fourteen days. This was carried by a small +majority through the Commons, but rejected in the other house; which +happened again in 1734 and in 1740. <i>Parl. Hist.</i> viii. 789; ix. 369; xi. 510. +The king, in an angry note to Lord Townshend, on the first occasion, calls +it "this villainous bill." Coxe's <i>Walpole</i>, ii. 537, 673. A bill of the same +gentleman to limit the number of placemen in the house had so far worse +success, that it did not reach the Serbonian bog. <i>Parl. Hist.</i> xi. 328, +Bishop Sherlock made a speech against the prevention of corrupt practices +by the pension bill, which, whether justly or not, excited much indignation, +and even gave rise to the proposal of a bill for putting an end to the +translation of bishops. <i>Id.</i> viii. 847.</p> + +<p class="footnote"><a name="Footnote_373" id="Footnote_373" href="#FNanchor_373"><span class="label">[373]</span></a> + 25 Geo. 2, c. 22. The king came very reluctantly into this measure: +in the preceding session of 1742, Sandys, now become chancellor of the +exchequer, had opposed it, though originally his own; alleging, in no very +parliamentary manner, that the new ministry had not yet been able to +remove his majesty's prejudices. <i>Parl. Hist.</i> xii. 896.</p> + +<p class="footnote"><a name="Footnote_374" id="Footnote_374" href="#FNanchor_374"><span class="label">[374]</span></a> + Mr. Fox declared to the Duke of Newcastle, when the office of secretary +of state, and what was called the management of the House of Commons, +was offered to him, "that he never desired to touch a penny of the secret +service money, or to know the disposition of it farther than was necessary +to <i>enable him to speak to the members without being ridiculous</i>." Dodington's +<i>Diary</i>, 15th March 1754. H. Walpole confirms this in nearly the same +words. <i>Mem. of Last Ten Years</i>, i. 332.</p> + +<p class="footnote"><a name="Footnote_375" id="Footnote_375" href="#FNanchor_375"><span class="label">[375]</span></a> + In Coxe's <i>Memoirs of Sir R. Walpole</i>, iii. 609, we have the draught, by +that minister, of an intended vindication of himself after his retirement +from office, in order to show the impossibility of misapplying public money, +which, however, he does not show; and his elaborate account of the +method by which payments are made out of the exchequer, though +valuable in some respects, seems rather intended to lead aside the unpractised +reader.</p> + +<p class="footnote"><a name="Footnote_376" id="Footnote_376" href="#FNanchor_376"><span class="label">[376]</span></a> + This secret committee were checked at every step for want of sufficient +powers. It is absurd to assert, like Mr. Coxe, that they advanced accusations +which they could not prove, when the means of proof were withheld. +Scrope and Paxton, the one secretary, the other solicitor, to the treasury, +being examined about very large sums traced to their hands, and other +matters, refused to answer questions that might criminate themselves; and +a bill to indemnify evidence was lost in the upper house. <i>Parl. Hist.</i> +xii. 625 <i>et post</i>.</p> + +<p class="footnote"><a name="Footnote_377" id="Footnote_377" href="#FNanchor_377"><span class="label">[377]</span></a> + See vol. i. <a + href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_254">254</a>, <a + href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_255">255</a>.</p> + +<p class="footnote"><a name="Footnote_378" id="Footnote_378" href="#FNanchor_378"><span class="label">[378]</span></a> + <i>Parl. Hist.</i> vi. 1265. Walpole says, in speaking for Steele, "the +liberty of the press is unrestrained; how then shall a part of the legislature +dare to punish that as a crime, which is not declared to be so by any law +framed by the whole?"</p> + +<p class="footnote"><a name="Footnote_379" id="Footnote_379" href="#FNanchor_379"><span class="label">[379]</span></a> + Vol. i. <a + href="http://www.gutenberg.org/files/39711/39711-h/39711-h.htm#Page_250">p. 250</a>.</p> + +<p class="footnote"><a name="Footnote_380" id="Footnote_380" href="#FNanchor_380"><span class="label">[380]</span></a> + The instances are so numerous, that to select a few would perhaps give +an inadequate notion of the vast extension which privilege received. In +fact, hardly anything could be done disagreeable to a member, of which +he might inform the house, and cause it to be punished.</p> + +<p class="footnote"><a name="Footnote_381" id="Footnote_381" href="#FNanchor_381"><span class="label">[381]</span></a> + 12 Will. 3, ch. 3.</p> + +<p class="footnote"><a name="Footnote_382" id="Footnote_382" href="#FNanchor_382"><span class="label">[382]</span></a> + Journals, 11th Feb. It had been originally proposed, that the member +making the complaint should pay the party's costs and expenses, which +was amended, I presume, in consequence of some doubt as to the power +of the house to enforce it.</p> + +<p class="footnote"><a name="Footnote_383" id="Footnote_383" href="#FNanchor_383"><span class="label">[383]</span></a> + 10 G. 3, c. 50.</p> + +<p class="footnote"><a name="Footnote_384" id="Footnote_384" href="#FNanchor_384"><span class="label">[384]</span></a> + Resolved, That whatever ill consequences may arise from the so long +deferring the supplies for the year's service, are to be attributed to the +fatal counsel of putting off the meeting of a parliament so long, and to +unnecessary delays of the House of Commons. Lords' Journals, 23rd +June 1701. The Commons had previously come to a vote, that all the +ill consequences which may at this time attend the delay of the supplies +granted by the Commons for the preserving the public peace, and maintaining +the balance of Europe, are to be imputed to those who, to procure +an indemnity for their own enormous crimes, have used their utmost +endeavours to make a breach between the two houses. Commons' +Journals, June 20th.</p> + +<p class="footnote"><a name="Footnote_385" id="Footnote_385" href="#FNanchor_385"><span class="label">[385]</span></a> + Journals, 8th May; <i>Parl. Hist.</i> v. 1250; Ralph, 947. This historian, +who generally affects to take the popular side, inveighs against this +petition, because the tories had a majority in the Commons. His partiality, +arising out of a dislike to the king, is very manifest throughout the second +volume. He is forced to admit afterwards, that the house disgusted the +people by their votes on this occasion. P. 976.</p> + +<p class="footnote"><a name="Footnote_386" id="Footnote_386" href="#FNanchor_386"><span class="label">[386]</span></a> + <i>History of the Kentish Petition</i>; <i>Somers Tracts</i>, xi. 242; <i>Legion's Paper</i>; +<i>Id.</i> 264; <i>Vindication of the Rights of the Commons</i> (either by Harley or Sir +Humphrey Mackworth); <i>Id.</i> 276. This contains in many respects constitutional +principles; but the author holds very strong language about +the right of petitioning. After quoting the statute of Charles II. against +tumults on pretence of presenting petitions, he says: "By this statute it +may be observed, that not only the number of persons is restrained, but +the occasion also for which they may petition; which is for the alteration +of matters established in church or state, for want whereof some inconvenience +may arise to that county from which the petition shall be brought. +For it is plain by the express words and meaning of that statute that the +grievance or matter of the petition must arise in the same county as the +petition itself. They may indeed petition the king for a parliament to +redress their grievances; and they may petition that parliament to make +one law that is advantageous, and repeal another that is prejudicial to the +trade or interest of that county; but they have no power by this statute, +nor by the constitution of the English government, to direct the parliament +in the general proceedings concerning the whole kingdom; for the law +declares that a general consultation of all the wise representatives of +parliament is more for the safety of England than the hasty advice of a +number of petitioners of a private county, of a grand jury, or of a few +justices of the peace, who seldom have a true state of the case represented +to them."—P. 313.</p> + +<p class="footnote">These are certainly what must appear in the present day very strange +limitations of the subject's right to petition either house of parliament. +But it is really true that such a right was not generally recognised, nor +frequently exercised, in so large an extent as is now held unquestionable. +We may search whole volumes of the journals, while the most animating +topics were in discussion, without finding a single instance of such an +interposition of the constituent with the representative body. In this +particular case of the Kentish petition, the words in the resolution, that it +tended to destroy the constitution of parliament and subvert the established +government, could be founded on no pretence but its unusual interference +with the counsels of the legislature. With this exception, I am not aware +(stating this, however, with some diffidence) of any merely political petition +before the Septennial bill in 1717, against which several were presented +from corporate towns; one of which was rejected on account of language +that the house thought indecent; and as to these it may be observed, that +towns returning members to parliament had a particular concern in the +measure before the house. They relate, however, no doubt, to general +policy, and seem to establish a popular principle which stood on little +authority. I do not of course include the petitions to the long parliament +in 1640, nor one addressed to the Convention, in 1689, from the inhabitants +of London and Westminster, pressing their declaration of William and +Mary; both in times too critical to furnish regular precedents. But as the +popular principles of government grew more established, the right of +petitioning on general grounds seems to have been better recognised; and +instances may be found, during the administration of Sir Robert Walpole, +though still by no means frequent. <i>Parl. Hist.</i> xii. 119. The city of +London presented a petition against the bill for naturalisation of the Jews, +in 1753, as being derogatory to the Christian religion as well as detrimental +to trade. <i>Id.</i> xiv. 1417. It caused, however, some animadversion; for +Mr. Northey, in the debate next session on the proposal to repeal this bill, +alluding to this very petition, and to the comments Mr. Pelham made on +it, as "so like the famous Kentish petition that if they had been treated +in the same manner it would have been what they deserved," observes +in reply, that the "right of petitioning either the king or the parliament +in a decent and submissive manner, and without any riotous appearance +against anything they think may affect their religion and liberties, will +never, I hope, be taken from the subject." <i>Id.</i> xv. 149; see also 376. +And it is very remarkable that notwithstanding the violent clamour excited +by that unfortunate statute, no petitions for its repeal are to be found in +the journals. They are equally silent with regard to the marriage act, +another topic of popular obloquy. Some petitions appear to have been +presented against the bill for naturalisation of foreign protestants; but +probably on the ground of its injurious effect on the parties themselves. +The great multiplication of petitions on matters wholly unconnected with +particular interests cannot, I believe, be traced higher than those for the +abolition of the slave trade in 1787; though a few were presented for +reform about the end of the American war, which would undoubtedly have +been rejected with indignation in any earlier stage of our constitution. It +may be remarked also that petitions against bills imposing duties are not +received, probably on the principle that they are intended for the general +interests, though affecting the parties who thus complain of them. Hatsell, +iii. 200.</p> + +<p class="footnote">The convocation of public meetings for the debate of political questions, +as preparatory to such addresses or petitions, is still less according to the +practice and precedents of our ancestors; nor does it appear that the +sheriffs or other magistrates are more invested with a right of convening +or presiding in assemblies of this nature than any other persons; though, +within the bounds of the public peace, it would not perhaps be contended +that they have ever been unlawful. But that their origin can be distinctly +traced higher than the year 1769, I am not prepared to assert. It will of +course be understood, that this note is merely historical, and without +reference to the expediency of that change in our constitutional theory +which it illustrates.</p> + +<p class="footnote"><a name="Footnote_387" id="Footnote_387" href="#FNanchor_387"><span class="label">[387]</span></a> + <i>State Trials</i>, xiv. 849.</p> + +<p class="footnote"><a name="Footnote_388" id="Footnote_388" href="#FNanchor_388"><span class="label">[388]</span></a> + <i>Parl. Hist.</i> vi. 225 <i>et post</i>; <i>State Trials</i>, xiv. 695 <i>et post</i>.</p> + +<p class="footnote"><a name="Footnote_389" id="Footnote_389" href="#FNanchor_389"><span class="label">[389]</span></a> + <i>Parl. Hist.</i> xiv. 888 <i>et post</i>, 1063; Walpole's <i>Memoirs of the last Ten +Years of George II.</i>, i. 15 <i>et post</i>.</p> + +<p class="footnote"><a name="Footnote_390" id="Footnote_390" href="#FNanchor_390"><span class="label">[390]</span></a> + Journals, vii. 9th July 1725.</p> + +<p class="footnote"><a name="Footnote_391" id="Footnote_391" href="#FNanchor_391"><span class="label">[391]</span></a> + Commons' Journals, 25th Oct. 1689.</p> + +<p class="footnote"><a name="Footnote_392" id="Footnote_392" href="#FNanchor_392"><span class="label">[392]</span></a> + <i>Id.</i> Dec. 5.</p> + +<p class="footnote"><a name="Footnote_393" id="Footnote_393" href="#FNanchor_393"><span class="label">[393]</span></a> + <i>Parl. Hist.</i> vii. 803.</p> + +<p class="footnote"><a name="Footnote_394" id="Footnote_394" href="#FNanchor_394"><span class="label">[394]</span></a> + Lords' Journals, 10th Jan. 1702; <i>Parl. Hist.</i> vi. 21.</p> + +<p class="footnote"><a name="Footnote_395" id="Footnote_395" href="#FNanchor_395"><span class="label">[395]</span></a> + Hargrave's <i>Juridical Arguments</i>, vol. i. p. 1, etc.</p> + +<p class="footnote"><a name="Footnote_396" id="Footnote_396" href="#FNanchor_396"><span class="label">[396]</span></a> + <i>State Trials</i>, vi. 1369; 1 Modern Reports, 159.</p> + +<p class="footnote"><a name="Footnote_397" id="Footnote_397" href="#FNanchor_397"><span class="label">[397]</span></a> + <i>Id.</i>, xii. 822; T. Jones, Reports, 208.</p> + +<p class="footnote"><a name="Footnote_398" id="Footnote_398" href="#FNanchor_398"><span class="label">[398]</span></a> + Journals, 10th, 12th, 19th July 1689.</p> + +<p class="footnote"><a name="Footnote_399" id="Footnote_399" href="#FNanchor_399"><span class="label">[399]</span></a> + <i>State Trials</i>, xiv. 849.</p> + +<p class="footnote"><a name="Footnote_400" id="Footnote_400" href="#FNanchor_400"><span class="label">[400]</span></a> + <i>Id.</i>, viii. 30.</p> + +<p class="footnote"><a name="Footnote_401" id="Footnote_401" href="#FNanchor_401"><span class="label">[401]</span></a> + This is very elaborately and dispassionately argued by Mr. Hargrave +in his <i>Juridical Arguments</i>, above cited; also vol. ii. p. 183. "I understand +it," he says, "to be clearly part of the law and custom of parliament +that each house of parliament may inquire into and imprison for breaches +of privilege." But this he thinks to be limited by law; and after allowing +it clearly in cases of obstruction, arrest, assault, etc., on members, admits +also that "the judicative power as to writing, speaking, or publishing, +of gross reflections upon the whole parliament or upon either house, +though perhaps originally questionable, seems now of too long a standing +and of too much frequency in practice to be well counteracted." But +after mentioning the opinions of the judges in Crosby's case, Mr. H. +observes: "I am myself far from being convinced that commitment for +contempts by a house of parliament, or by the highest court of judicature +in Westminster Hall, either ought to be, or are thus wholly privileged from +all examination and appeal."</p> + +<p class="footnote"><a name="Footnote_402" id="Footnote_402" href="#FNanchor_402"><span class="label">[402]</span></a> + Mr. Justice Gould, in Crosby's case, as reported by Wilson, observes: +"It is true this court did, in the instance alluded to by the counsel at the +bar (Wilkes's case, 2 Wilson, 151), determine upon the privilege of parliament +in the case of a libel; but then that privilege was promulged and +known; it existed in records and law-books, and was allowed by parliament +itself. But <i>even in that case we now know that we were mistaken; for the +House of Commons have since determined, that privilege does not extend to +matters of libel</i>." It appears, therefore, that Mr. Justice Gould thought a +declaration of the House of Commons was better authority than a decision +of the court of common pleas, as to a privilege which, as he says, existed +in records and law-books.</p> + +<p class="footnote"><a name="Footnote_403" id="Footnote_403" href="#FNanchor_403"><span class="label">[403]</span></a> + "I am far from subscribing to all the latitude of the doctrine of +attachments for contempts of the king's courts of Westminster, especially +the King's Bench, as it is sometimes stated, and it has been sometimes +practised." Hargrave, ii. 213.</p> + +<p class="footnote">"The principle upon which attachments issue for libels on courts is of +a more enlarged and important nature: it is <i>to keep a blaze of glory around +them</i>, and to deter people from attempting to render them contemptible in +the eyes of the people." Wilmot's <i>Opinions and Judgments</i>, p. 270. Yet +the king, who seems as much entitled to this blaze of glory as his judges, +is driven to the verdict of a jury before the most libellous insult on him +can be punished.</p> + +<p class="footnote"><a name="Footnote_404" id="Footnote_404" href="#FNanchor_404"><span class="label">[404]</span></a> + Hargrave, <i>ubi supra</i>.</p> + +<p class="footnote"><a name="Footnote_405" id="Footnote_405" href="#FNanchor_405"><span class="label">[405]</span></a> + This effect of continual new statutes is well pointed out in a speech +ascribed to Sir William Wyndham in 1734: "The learned gentleman spoke +(he says) of the prerogative of the Crown, and asked us if it had lately been +extended beyond the bounds prescribed to it by law. Sir, I will not say +that there have been lately any attempts to extend it beyond the bounds +prescribed by law; but I will say that these bounds have been of late so +vastly enlarged that there seems to be no great occasion for any such +attempt. What are the many penal laws made within these forty years, +but so many extensions of the prerogative of the Crown, and as many +diminutions of the liberty of the subject? And whatever the necessity +was that brought us into the enacting of such laws, it was a fatal necessity; +it has greatly added to the power of the Crown, and particular care ought +to be taken not to throw any more weight into that scale." <i>Parl. Hist.</i> +ix. 463.</p> + +<p class="footnote">Among the modern statutes which have strengthened the hands of the +executive power, we should mention the riot act (1 Geo. I. stat. 2, c. 5), +whereby all persons tumultuously assembled to the disturbance of the +public peace, and not dispersing within one hour after proclamation made +by a single magistrate, are made guilty of a capital felony. I am by no +means controverting the expediency of this law; but, especially when +combined with the aid of a military force, it is surely a compensation for +much that may seem to have been thrown into the popular scale.</p> + +<p class="footnote"><a name="Footnote_406" id="Footnote_406" href="#FNanchor_406"><span class="label">[406]</span></a> + 9 Geo. 2, c. 35, sect. 10, 13; <i>Parl. Hist.</i> ix. 1229. I quote this as I +find it: but probably the expressions are not quite correct; for the +reasoning is not so.</p> + +<p class="footnote"><a name="Footnote_407" id="Footnote_407" href="#FNanchor_407"><span class="label">[407]</span></a> + Coxe's <i>Walpole</i>, i. 296; H. Walpole's Works, iv. 476. The former, +however, seems to rest on H. Walpole's verbal communication, whose +want of accuracy, or veracity, or both, is so palpable that no great stress +can be laid on his testimony. I believe, however, that the fact of George I. +and his minister conversing in Latin may be proved on other authority.</p> + +<p class="footnote"><a name="Footnote_408" id="Footnote_408" href="#FNanchor_408"><span class="label">[408]</span></a> + H. Walpole's <i>Memoirs of the last Ten Years</i>; Lord Waldegrave's +<i>Memoirs</i>. In this well written little book, the character of George II. in +reference to his constitutional position, is thus delicately drawn: "He +has more knowledge of foreign affairs than most of his ministers, and has +good general notions of the constitution, strength, and interest of this +country; but, being past thirty when the Hanover succession took place, +and having since experienced the violence of party, the injustice of popular +clamour, the corruption of parliaments, and the selfish motives of pretended +patriots, it is not surprising that he should have contracted some +prejudices in favour of those governments where the royal authority is +under less restraint. Yet prudence has so far prevailed over these +prejudices, that they have never influenced his conduct. On the contrary, +many laws have been enacted in favour of public liberty; and in the course +of a long reign there has not been a single attempt to extend the prerogative +of the Crown beyond its proper limits. He has as much personal bravery +as any man, though his political courage seems somewhat problematical; +however, it is a fault on the right side; for had he always been as firm and +undaunted in the closet as he showed himself at Oudenarde and Dettingen, +he might not have proved quite so good a king in this limited monarchy,"—P. +5. This was written in 1757.</p> + +<p class="footnote">The real tories, those I mean who adhered to the principles expressed +by that name, thought the constitutional prerogative of the Crown +impaired by a conspiracy of its servants. Their notions are expressed in +some "Letters on the English Nation," published about 1756, under the +name of Battista Angeloni, by Dr. Shebbeare, once a jacobite, and still so +bitter an enemy of William III. and George I. that he stood in the pillory, +not long afterwards, for a libel on those princes (among other things); on +which Horace Walpole justly animadverts, as a stretch of the law by Lord +Mansfield destructive of all historical truth. <i>Memoirs of the last Ten +Years</i>, ii. 328. Shebbeare, however, was afterwards pensioned, along with +Johnson, by Lord Bute, and at the time when these letters were written, +may possibly have been in the Leicester House interest. Certain it is, that +the self-interested cabal who belonged to that little court endeavoured too +successfully to persuade its chief and her son that the Crown was reduced +to a state of vassalage, from which it ought to be emancipated; and the +government of the Duke of Newcastle, as strong in party connection as it +was contemptible in ability and reputation, afforded them no bad argument. +The consequences are well known, but do not enter into the plan +of this work.</p> + +<p class="footnote"><a name="Footnote_409" id="Footnote_409" href="#FNanchor_409"><span class="label">[409]</span></a> + Many proofs of this occur in the correspondence published by Mr. Coxe. +Thus Horace Walpole writing to his brother Sir Robert, in 1739, says: +"King William had no other object but the liberties and balance of Europe; +but, good God! what is the case now? I will tell you in confidence; little, +low, partial, electoral notions are able to stop or confound the best conducted +project for the public." <i>Memoirs of Sir R. Walpole</i>, iii. 535. The +Walpoles had, some years before, disapproved the policy of Lord Townshend +on account of his favouring the king's Hanoverian prejudices. +<i>Id.</i> i. 334. And, in the preceding reign, both these whig leaders were +extremely disgusted with the Germanism and continual absence of +George I. (<i>Id.</i> ii. 116, 297), though first Townshend, and afterwards +Walpole, according to the necessity, or supposed necessity, which controls +statesmen (that is, the fear of losing their places), became in appearance +the passive instruments of royal pleasure.</p> + +<p class="footnote">It is now, however, known that George II. had been induced by Walpole +to come into a scheme, by which Hanover, after his decease, was to be +separated from England. It stands on the indisputable authority of +Speaker Onslow. "A little while before Sir Robert Walpole's fall (and +as a popular act to save himself, for he went very unwillingly out of his +offices and power), he took me one day aside, and said, 'What will you +say, speaker, if this hand of mine shall bring a message from the king to +the House of Commons, declaring his consent to having any of his family, +after his death, to be made, by act of parliament, incapable of inheriting +and enjoying the crown, and possessing the electoral dominions at the same +time?' My answer was, 'Sir, it will be as a message from heaven.' He +replied, 'It will be done.' But it was not done; and I have good reason +to believe, it would have been opposed, and rejected at that time, because +it came from him, and by the means of those who had always been most +clamorous for it; and thus perhaps the opportunity was lost: when will it +come again? It was said that the prince at that juncture would have +consented to it, if he could have had the credit and popularity of the +measure, and that some of his friends were to have moved it in parliament, +but that the design at St. James's prevented it. Notwithstanding all this, +I have had some thoughts that neither court ever really intended the thing +itself; but that it came on and went off, by a jealousy of each other in it, +and that both were equally pleased that it did so, from an equal fondness +(very natural) for their own native country." <i>Notes on Burnet</i> (iv. 490, +Oxf. edit.). This story has been told before, but not in such a manner as +to preclude doubt of its authenticity.</p> + +<p class="footnote"><a name="Footnote_410" id="Footnote_410" href="#FNanchor_410"><span class="label">[410]</span></a> + A bill was brought in for this purpose in 1712, which Swift, in his +<i>History of the Last Four Years</i>, who never printed anything with his name, +naturally blames. It miscarried, probably on account of this provision. +<i>Parl. Hist.</i> vi. 1141. But the queen, on opening the session, in April 1713, +recommended some new law to check the licentiousness of the press. +<i>Id.</i> 1173. Nothing, however, was done in consequence.</p> + +<p class="footnote"><a name="Footnote_411" id="Footnote_411" href="#FNanchor_411"><span class="label">[411]</span></a> + Bolingbroke's letter to the <i>Examiner</i>, in 1710, excited so much attention +that it was answered by Lord Cowper, then chancellor, in a letter to the +<i>Tatler</i> (<i>Somers Tracts</i>, xiii. 75), where Sir Walter Scott justly observes, +that the fact of two such statesmen becoming the correspondents of +periodical publications shows the influence they must have acquired over +the public mind.</p> + +<p class="footnote"><a name="Footnote_412" id="Footnote_412" href="#FNanchor_412"><span class="label">[412]</span></a> + It was resolved, <i>nem. con.</i>, Feb. 26th, 1729, That it is an indignity to, +and a breach of the privilege of, this house, for any person to presume to +give, in written or printed newspapers, any account or minutes of the +debates, or other proceedings of this house or of any committee thereof; +and that upon discovery of the authors, etc., this house will proceed against +the offenders with the utmost severity. <i>Parl. Hist.</i> viii. 683. There are +former resolutions to the same effect. The speaker having himself brought +the subject under consideration some years afterwards, in 1738, the +resolution was repeated in nearly the same words, but after a debate +wherein, though no one undertook to defend the practice, the danger of +impairing the liberty of the press was more insisted upon than would +formerly have been usual; and Sir Robert Walpole took credit to himself, +justly enough, for respecting it more than his predecessors. <i>Id.</i> x. 800; +Coxe's <i>Walpole</i>, i. 572. Edward Cave, the well-known editor of the +<i>Gentleman's Magazine</i>, and the publisher of another magazine, was brought +to the bar, April 30th, 1747, for publishing the house's debates; when the +former denied that he retained any person in pay to make the speeches, +and after expressing his contrition was discharged on payment of fees. +<i>Id.</i> xiv. 57.</p> + +<p class="footnote"><a name="Footnote_413" id="Footnote_413" href="#FNanchor_413"><span class="label">[413]</span></a> + Malthus, <i>Principles of Political Economy</i> (1820), p. 279.</p> + +<p class="footnote"><a name="Footnote_414" id="Footnote_414" href="#FNanchor_414"><span class="label">[414]</span></a> + Macpherson (or Anderson), <i>Hist. of Commerce</i>; Chalmers's <i>Estimate of +Strength of Great Britain</i>; Sinclair's <i>Hist. of Revenue</i>, <span lang="la" xml:lang="la">cum multis aliis</span>.</p> + +<p class="footnote"><a name="Footnote_415" id="Footnote_415" href="#FNanchor_415"><span class="label">[415]</span></a> + Tindal, apud <i>Parl. Hist.</i> xiv. 66. I have read the same in other books, +but know not at present where to search for the passages. Hogarth's +pictures of the election are evidence to the corruption in his time, so also +are some of Smollett's novels. Addison, Swift, and Pope would not have +neglected to lash this vice if it had been glaring in their age; which shows +that the change took place about the time I have mentioned.</p> + +<p class="footnote"><a name="Footnote_416" id="Footnote_416" href="#FNanchor_416"><span class="label">[416]</span></a> + 9 Anne, c. 5. A bill for this purpose had passed the Commons in 1696; +the city of London and several other places petitioning against it. Journals, +Nov. 21, etc. The house refused to let some of these petitions be read; +I suppose on the ground that they related to a matter of general policy. +These towns, however, had a very fair pretext for alleging that they were +interested; and in fact a rider was added to the bill, that any merchant +might serve for a place where he should be himself a voter, on making oath +that he was worth £5000. <i>Id.</i> Dec. 19.</p> + +<p class="footnote"><a name="Footnote_417" id="Footnote_417" href="#FNanchor_417"><span class="label">[417]</span></a> + 33 G. II. c. 20.</p> + +<p class="footnote"><a name="Footnote_418" id="Footnote_418" href="#FNanchor_418"><span class="label">[418]</span></a> + Chalmers's <i>Caledonia</i>, vol. i. <i>passim</i>.</p> + +<p class="footnote"><a name="Footnote_419" id="Footnote_419" href="#FNanchor_419"><span class="label">[419]</span></a> + <i>Id.</i> 500 <i>et post</i>; Dalrymple's <i>Annals of Scotland</i>, 28, 30, etc.</p> + +<p class="footnote"><a name="Footnote_420" id="Footnote_420" href="#FNanchor_420"><span class="label">[420]</span></a> + Chalmers, 741; Wight's <i>Law of Election in Scotland</i>, 28.</p> + +<p class="footnote"><a name="Footnote_421" id="Footnote_421" href="#FNanchor_421"><span class="label">[421]</span></a> + <i>Id.</i> 25; Dalrymple's <i>Annals</i>, i. 139, 235, 283; ii. 55, 116; Chalmers, +743. Wight thinks they might perhaps only have had a voice in the +imposition of taxes.</p> + +<p class="footnote"><a name="Footnote_422" id="Footnote_422" href="#FNanchor_422"><span class="label">[422]</span></a> + Dalrymple, ii. 241; Wight, 26.</p> + +<p class="footnote"><a name="Footnote_423" id="Footnote_423" href="#FNanchor_423"><span class="label">[423]</span></a> + Statutes of Scotland, 1427; Pinkerton's <i>History of Scotland</i>, i. 120; +Wight, 30.</p> + +<p class="footnote"><a name="Footnote_424" id="Footnote_424" href="#FNanchor_424"><span class="label">[424]</span></a> + Dalrymple, ii. 261; Stuart on <i>Public Law of Scotland</i>, 344; Robertson's +<i>History of Scotland</i>, i. 84.</p> + +<p class="footnote"><a name="Footnote_425" id="Footnote_425" href="#FNanchor_425"><span class="label">[425]</span></a> + Wight, 62, 65.</p> + +<p class="footnote"><a name="Footnote_426" id="Footnote_426" href="#FNanchor_426"><span class="label">[426]</span></a> + <i>Id.</i> 69.</p> + +<p class="footnote"><a name="Footnote_427" id="Footnote_427" href="#FNanchor_427"><span class="label">[427]</span></a> + Pinkerton, i. 373.</p> + +<p class="footnote"><a name="Footnote_428" id="Footnote_428" href="#FNanchor_428"><span class="label">[428]</span></a> + <i>Id.</i> 360.</p> + +<p class="footnote"><a name="Footnote_429" id="Footnote_429" href="#FNanchor_429"><span class="label">[429]</span></a> + <i>Id.</i> 372.</p> + +<p class="footnote"><a name="Footnote_430" id="Footnote_430" href="#FNanchor_430"><span class="label">[430]</span></a> + Pinkerton, ii. 53.</p> + +<p class="footnote"><a name="Footnote_431" id="Footnote_431" href="#FNanchor_431"><span class="label">[431]</span></a> + In a statute of James II. (1440) "the three estates conclude <i>that it is +speedful</i> that our sovereign lord the king ride throughout the realm +incontinent as shall be seen to the council where any rebellion, slaughter, +burning, robbery, outrage, or theft has happened," etc. Statutes of +Scotland, ii. 32. Pinkerton (i. 192), leaving out the words in italics, has +argued on false premises. "In this singular decree we find the legislative +body regarding the king in the modern light of a chief magistrate, bound +equally with the meanest subject to obedience to the laws," etc. It is +evident that the estates spoke in this instance as counsellors, not as +legislators. This is merely an oversight of a very well-informed historian, +who is by no means in the trammels of any political theory.</p> + +<p class="footnote">A remarkable expression, however, is found in a statute of the same +king, in 1450; which enacts that any man rising in war against the king, +or receiving such as have committed treason, or holding houses against the +king, or assaulting castles or places where the king's power shall happen +to be, <i>without the consent of the three estates</i>, shall be punished as a traitor. +Pinkerton i. 213. I am inclined to think that the legislators had in view +the possible recurrence of what had very lately happened, that an ambitious +cabal might get the king's person into their power. The peculiar circumstances +of Scotland are to be taken into account when we consider these +statutes, which are not to be looked at as mere insulated texts.</p> + +<p class="footnote"><a name="Footnote_432" id="Footnote_432" href="#FNanchor_432"><span class="label">[432]</span></a> + Pinkerton, i. 234.</p> + +<p class="footnote"><a name="Footnote_433" id="Footnote_433" href="#FNanchor_433"><span class="label">[433]</span></a> + <i>Statutes of Scotland</i>, ii. 177.</p> + +<p class="footnote"><a name="Footnote_434" id="Footnote_434" href="#FNanchor_434"><span class="label">[434]</span></a> + Pinkerton, ii. 266.</p> + +<p class="footnote"><a name="Footnote_435" id="Footnote_435" href="#FNanchor_435"><span class="label">[435]</span></a> + Pinkerton, ii. 400; Laing, iii. 32.</p> + +<p class="footnote"><a name="Footnote_436" id="Footnote_436" href="#FNanchor_436"><span class="label">[436]</span></a> + Kaims's <i>Law Tracts</i>; Pinkerton, i. 158 <i>et alibi</i>; Stuart on <i>Public Law +of Scotland</i>.</p> + +<p class="footnote"><a name="Footnote_437" id="Footnote_437" href="#FNanchor_437"><span class="label">[437]</span></a> + Kaims's <i>Law Tracts</i>; Pinkerton's <i>Hist. of Scotland</i>, i. 117, 237, 388, +ii. 313; Robertson, i. 43; Stuart on <i>Law of Scotland</i>.</p> + +<p class="footnote"><a name="Footnote_438" id="Footnote_438" href="#FNanchor_438"><span class="label">[438]</span></a> + Robertson, i. 149; M'Crie's <i>Life of Knox</i>, p. 15. At least one half of +the wealth of Scotland was in the hands of the clergy, chiefly of a few +individuals. <i>Ibid.</i></p> + +<p class="footnote"><a name="Footnote_439" id="Footnote_439" href="#FNanchor_439"><span class="label">[439]</span></a> + I have read a good deal on this celebrated controversy; but, where so +much is disputed, it is not easy to form an opinion on every point. But, +upon the whole, I think there are only two hypotheses that can be advanced +with any colour of reason. The first is, that the murder of Darnley was +projected by Bothwell, Maitland, and some others, without the queen's +express knowledge, but with a reliance on her passion for the former, which +would lead her both to shelter him from punishment, and to raise him to +her bed; and that, in both respects, this expectation was fully realised +by a criminal connivance at the escape of one whom she must believe to +have been concerned in her husband's death, and by a still more infamous +marriage with him. This, it appears to me, is a conclusion that may be +drawn by reasoning on admitted facts, according to the common rules of +presumptive evidence. The second supposition is, that she had given a +previous consent to the assassination. This is rendered probable by +several circumstances, and especially by the famous letters and sonnets, +the genuineness of which has been so warmly disputed. I must confess +that they seem to me authentic, and that Mr. Laing's dissertation on +the murder of Darnley has rendered Mary's innocence, even as to participation +in that crime, an untenable proposition. No one of any weight, I +believe, has asserted it since his time except Dr. Lingard, who manages the +evidence with his usual adroitness, but by admitting the general authenticity +of the letters, qualified by a mere conjecture of interpolations, has +given up what his predecessors deemed the very key of the citadel.</p> + +<p class="footnote">I shall dismiss a subject so foreign to my purpose, with remarking a +fallacy which affects almost the whole argument of Mary's most strenuous +advocates. They seem to fancy that, if the Earls of Murray and Morton, +and Secretary Maitland of Lethington, can be proved to have been concerned +in Darnley's murder, the queen herself is at once absolved. But +it is generally agreed that Maitland was one of those who conspired with +Bothwell for this purpose; and Morton, if he were not absolutely consenting, +was by his own acknowledgment at his execution apprised of the +conspiracy. With respect to Murray indeed there is not a shadow of +evidence, nor had he any probable motive to second Bothwell's schemes; +but, even if his participation were presumed, it would not alter in the +slightest degree the proofs as to the queen.</p> + +<p class="footnote"><a name="Footnote_440" id="Footnote_440" href="#FNanchor_440"><span class="label">[440]</span></a> + Spottiswood's <i>Church History</i>, 152; M'Crie's <i>Life of Knox</i>, ii. 6; <i>Life +of Melville</i>, i. 143; Robertson's <i>History of Scotland</i>; Cook's <i>History of the +Reformation in Scotland</i>. These three modern writers leave, apparently, +little to require as to this important period of history; the first with an +intenseness of sympathy that enhances our interest, though it may not +always command our approbation; the two last with a cooler and more +philosophical impartiality.</p> + +<p class="footnote"><a name="Footnote_441" id="Footnote_441" href="#FNanchor_441"><span class="label">[441]</span></a> + M'Crie's <i>Life of Knox</i>, ii. 197 <i>et alibi</i>; Cook, iii. 308. According to +Robertson, i. 291, the whole revenue of the protestant church, at least +in Mary's reign, was about 24,000 pounds Scots, which seems almost +incredible.</p> + +<p class="footnote"><a name="Footnote_442" id="Footnote_442" href="#FNanchor_442"><span class="label">[442]</span></a> + M'Crie's <i>Life of Melville</i>, i. 287, 296. It is impossible to think without +respect of this most powerful writer, before whom there are few living +controversialists that would not tremble; but his presbyterian Hildebrandism +is a little remarkable in this age.</p> + +<p class="footnote"><a name="Footnote_443" id="Footnote_443" href="#FNanchor_443"><span class="label">[443]</span></a> + M'Crie's <i>Life of Melville</i>; Robertson; Spottiswood.</p> + +<p class="footnote"><a name="Footnote_444" id="Footnote_444" href="#FNanchor_444"><span class="label">[444]</span></a> + Spottiswood; Robertson; M'Crie.</p> + +<p class="footnote"><a name="Footnote_445" id="Footnote_445" href="#FNanchor_445"><span class="label">[445]</span></a> + M'Crie's <i>Life of Melville</i>, ii. 378; Laing's <i>History of Scotland</i>, iii. 20, +35, 42, 62.</p> + +<p class="footnote"><a name="Footnote_446" id="Footnote_446" href="#FNanchor_446"><span class="label">[446]</span></a> + Laing, 74, 89.</p> + +<p class="footnote"><a name="Footnote_447" id="Footnote_447" href="#FNanchor_447"><span class="label">[447]</span></a> + Wight, 69 <i>et post</i>.</p> + +<p class="footnote"><a name="Footnote_448" id="Footnote_448" href="#FNanchor_448"><span class="label">[448]</span></a> + <i>Statutes of Scotland</i>, vol. ii. p. 8; Pinkerton, i. 115; Laing, iii. 117.</p> + +<p class="footnote"><a name="Footnote_449" id="Footnote_449" href="#FNanchor_449"><span class="label">[449]</span></a> + Laing, <i>ibid.</i></p> + +<p class="footnote"><a name="Footnote_450" id="Footnote_450" href="#FNanchor_450"><span class="label">[450]</span></a> + Arnot's <i>Criminal Trials</i>, p. 122.</p> + +<p class="footnote"><a name="Footnote_451" id="Footnote_451" href="#FNanchor_451"><span class="label">[451]</span></a> + The Gowrie conspiracy is well known to be one of the most difficult +problems in history. Arnot has given a very good account of it (p. 20), +and shown its truth, which could not reasonably be questioned, whatever +motive we may assign for it. He has laid stress on Logan's letters, which +appear to have been unaccountably slighted by some writers. I have long +had a suspicion, founded on these letters, that the Earl of Bothwell, a +daring man of desperate fortunes, was in some manner concerned in the +plot, of which the Earl of Gowrie and his brother were the instruments.</p> + +<p class="footnote"><a name="Footnote_452" id="Footnote_452" href="#FNanchor_452"><span class="label">[452]</span></a> + Arnot's <i>Criminal Trials</i>, p. 70.</p> + +<p class="footnote"><a name="Footnote_453" id="Footnote_453" href="#FNanchor_453"><span class="label">[453]</span></a> + Arnot, pp. 67, 329; <i>State Trials</i>, ii. 884. The prisoner was told that +he was not charged for saying mass, nor for seducing the people to popery, +nor for anything that concerned his conscience; but for declining the +king's authority, and maintaining treasonable opinions, as the statutes +libelled on made it treason not to answer the king or his council in any +matter which should be demanded.</p> + +<p class="footnote">It was one of the most monstrous iniquities of a monstrous jurisprudence, +the Scots criminal law, to debar a prisoner from any defence inconsistent +with the indictment; that is, he might deny a fact, but was not permitted +to assert that, being true, it did not warrant the conclusion of guilt. +Arnot, 354.</p> + +<p class="footnote"><a name="Footnote_454" id="Footnote_454" href="#FNanchor_454"><span class="label">[454]</span></a> + Laing, iv. 20; Kirkton, p. 141. "Whoso shall compare," he says, +"this set of bishops with the old bishops established in the year 1612, shall +find that these were but a sort of pigmies compared with our new bishops."</p> + +<p class="footnote"><a name="Footnote_455" id="Footnote_455" href="#FNanchor_455"><span class="label">[455]</span></a> + Laing, iv. 32. Kirkton says 300. P. 149. These were what were +called the young ministers, those who had entered the church since 1649. +They might have kept their cures by acknowledging the authority of +bishops.</p> + +<p class="footnote"><a name="Footnote_456" id="Footnote_456" href="#FNanchor_456"><span class="label">[456]</span></a> + Laing, iv. 116.</p> + +<p class="footnote"><a name="Footnote_457" id="Footnote_457" href="#FNanchor_457"><span class="label">[457]</span></a> + <i>Life of James II.</i>, i. 710.</p> + +<p class="footnote"><a name="Footnote_458" id="Footnote_458" href="#FNanchor_458"><span class="label">[458]</span></a> + <i>Cloud of Witnesses</i>, passim; De Foe's <i>Hist. of Church of Scotland</i>; +Kirkton; Laing; Scott's notes in <i>Minstrelsy of Scottish Border</i>, etc., etc.</p> + +<p class="footnote"><a name="Footnote_459" id="Footnote_459" href="#FNanchor_459"><span class="label">[459]</span></a> + The practice observed in summoning or dissolving the great national +assembly of the church of Scotland, which, according to the presbyterian +theory, can only be done by its own authority, is rather amusing. "The +moderator dissolves the assembly in the name of the Lord Jesus Christ, +the head of the church; and, by the same authority, appoints another to +meet on a certain day of the ensuing year. The lord high commissioner +then dissolves the assembly in the name of the king, and appoints another +to meet on the same day." Arnot's <i>Hist. of Edinburgh</i>, p. 269. I am +inclined to suspect, but with no very certain recollection of what I have +been told, that Arnot has misplaced the order in which this is done, and +that the lord commissioner is the first to speak. In the course of debate, +however, no regard is paid to him, all speeches being addressed to the +moderator.</p> + +<p class="footnote"><a name="Footnote_460" id="Footnote_460" href="#FNanchor_460"><span class="label">[460]</span></a> + The king's instructions by no means warrant the execution, especially +with all its circumstances of cruelty, but they contain one unfortunate +sentence: "If Maclean [sic], 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 seat of thieves." This was written, it is to be remembered, +while they were exposed to the penalties of the law for the rebellion. +But the massacre would never have been perpetrated, if Lord Breadalbane +and the master of Stair, two of the worst men in Scotland, had not used +the foulest arts to effect it. It is an apparent great reproach to the government +of William, that they escaped with impunity; but political necessity +bears down justice and honour. Laing, iv. 246; Carstares' <i>State Papers</i>.</p> + +<p class="footnote"><a name="Footnote_461" id="Footnote_461" href="#FNanchor_461"><span class="label">[461]</span></a> + Those who took the oaths were allowed to continue in their churches +without compliance with the presbyterian discipline, and many more who +not only refused the oaths but prayed openly for James and his family. +Carstares, p. 40. But in 1693 an act for settling the peace and quiet of the +church ordains, that no person be admitted or continued to be a minister +or preacher unless he have taken the oath of allegiance, and subscribed the +assurance that he held the king to be <i>de facto et de jure</i>, and also the confession +of faith; and that he owns and acknowledges presbyterian church-government +to be the only government of this church, and that he will +submit thereto and concur therewith, and will never endeavour, directly +or indirectly, the prejudice or subversion thereof. <i>Id.</i> 715; Laing, iv. 255.</p> + +<p class="footnote">This act seems not to have been strictly insisted upon; and the episcopal +clergy, though their advocates did not forget to raise a cry of persecution, +which was believed in England, are said to have been treated with singular +favour. De Foe challenges them to show any one minister that ever was +deposed for not acknowledging the church, if at the same time he offered +to acknowledge the government and take the oaths; and says they have +been often challenged on this head. <i>Hist. of Church of Scotland</i>, p. 319. +In fact, a statute was passed in 1695, which confirmed all ministers who +would qualify themselves by taking the oaths: and no less than 116 +(according to Laing, iv. 259) did so continue; nay, De Foe reckons 165 at +the time of the union. P. 320.</p> + +<p class="footnote">The rigid presbyterians inveighed against any toleration, as much as +they did against the king's authority over their own church. But the +government paid little attention to their bigotry; besides the above-mentioned +episcopal clergymen, those who seceded from the church, though +universally jacobites, and most dangerously so, were indulged with +meeting-houses in all towns; and by an act of the queen (10 Anne, c. 7) +obtained a full toleration, on condition of praying for the royal family, +with which they never complied. It was thought necessary to put them +under some fresh restrictions in 1748, their zeal for the Pretender being +notorious and universal, by an act 21 Geo. II., c. 34; which has very +properly been repealed after the motive for it had wholly ceased, and even +at first was hardly reconcilable with the general principles of religious +liberty; though it ill becomes those to censure it who vindicate the penal +laws of Elizabeth against popery.</p> + +<p class="footnote"><a name="Footnote_462" id="Footnote_462" href="#FNanchor_462"><span class="label">[462]</span></a> + Archbishop Tenison said, in the debates on the union, he thought the +narrow notions of all churches had been their ruin, and that he believed +the church of Scotland to be as true a protestant church as the church of +England, though he could not say it was as perfect. Carstares, 759. This +sort of language was encouraging; but the exclusive doctrine, or <i>jus +divinum</i>, was sure to retain many advocates, and has always done so. +Fortunately for Great Britain, it has not had the slightest effect on the +laity in modern times.</p> + +<p class="footnote"><a name="Footnote_463" id="Footnote_463" href="#FNanchor_463"><span class="label">[463]</span></a> + Sir James Ware's <i>Antiquities of Ireland</i>; Leland's <i>Hist. of Ireland</i> +(Introduction); Ledwich's <i>Dissertations</i>.</p> + +<p class="footnote"><a name="Footnote_464" id="Footnote_464" href="#FNanchor_464"><span class="label">[464]</span></a> + <i>Id.</i> Auct.: also Davis's <i>Reports</i>, 29, and his "Discovery of the true +Causes why Ireland was never entirely subdued till his Majesty's happy +Reign," 169. Sir John Davis, author of the philosophical poem, <span class="greek" title="Gnothi +Seauton">Γνωθι Σεαθτον</span> was chief-justice of Ireland under James I. The tract just quoted +is well known as a concise and luminous exposition of the history of that +country from the English invasion.</p> + +<p class="footnote"><a name="Footnote_465" id="Footnote_465" href="#FNanchor_465"><span class="label">[465]</span></a> + Ware; Leland; Ledwich; Davis's "Discovery," <i>ibid.</i>; <i>Reports</i>, 49. +It is remarkable that Davis seems to have been aware of an analogy +between the custom of Ireland and Wales, and yet that he only quotes the +statute of Rutland (12 Edw. I.), which by itself does not prove it. It is, +however, proved, if I understand the passage, by one of the <i><span lang="la" xml:lang="la">Leges Walliæ</span></i> +published by Wotton, p. 139. A gavel or partition was made on the death +of every member of a family for three generations, after which none could +be enforced. But these parceners were to be all in the same degree; so +that nephews could not compel their uncle to a partition, but must wait +till his death, when they were to be put on an equality with their cousins; +and this, I suppose, is meant by the expression in the statute of Rutland, +"<span lang="la" xml:lang="la">quod hæreditates remaneant partibiles inter <i>consimiles hæredes</i></span>."</p> + +<p class="footnote"><a name="Footnote_466" id="Footnote_466" href="#FNanchor_466"><span class="label">[466]</span></a> + Leland seems to favour the authenticity of the supposed Brehon laws +published by Vallancey. Introduction, 29. The style is said to be very +distinguishable from the Irish of the twelfth or thirteenth century, and the +laws themselves to have no allusion to the settlement of foreigners in +Ireland, or to coined money; whence some ascribe them to the eighth +century. On the other hand, Ledwich proves that some parts must be +later than the tenth century. <i>Dissertations</i>, i. 270. And others hold them +to be not older than the thirteenth. Campbell's <i>Historical Sketch of +Ireland</i>, 41. It is also maintained that they are very unfaithfully translated. +But, when we find the Anglo-Saxon and Norman usages, relief, aid, +wardship, trial by jury (and that unanimous), and a sort of correspondence +in the ranks of society with those of England (which all we read elsewhere +of the ancient Irish seems to contradict), it is impossible to resist the +suspicion that they are either extremely interpolated, or were compiled in +a late age, and among some of the septs who had most intercourse with +the English. We know that the degenerate colonists, such as the Earls of +Desmond, adopted the Brehon law in their territories; but this would +probably be with some admixture of that to which they had been used.</p> + +<p class="footnote"><a name="Footnote_467" id="Footnote_467" href="#FNanchor_467"><span class="label">[467]</span></a> + "The first pile of lime and stone that ever was in Ireland was the castle +of Tuam, built in 1161 by Roderic O'Connor, the monarch." Introduction +to Cox's <i>History of Ireland</i>. I do not find that any later writer controverts +this, so far as the aboriginal Irish are concerned; but doubtless the +Norwegian Ostmen had stone churches, and there seems little doubt that +some at least of the famous round towers so common in Ireland were +erected by them. See Ledwich's <i>Dissertations</i>, vii. 143; and the book +called Grose's <i>Antiquities of Ireland</i>, also written by Ledwich. Piles of +stone without mortar are excluded by Cox's expression. In fact, the Irish +had very few stone houses, or even regular villages and towns, before the +time of James I. Davis, 170.</p> + +<p class="footnote"><a name="Footnote_468" id="Footnote_468" href="#FNanchor_468"><span class="label">[468]</span></a> + Ledwich, i. 395.</p> + +<p class="footnote"><a name="Footnote_469" id="Footnote_469" href="#FNanchor_469"><span class="label">[469]</span></a> + <i>Antiquities of Ireland</i>, ii. 76.</p> + +<p class="footnote"><a name="Footnote_470" id="Footnote_470" href="#FNanchor_470"><span class="label">[470]</span></a> + Ledwich, i. 260.</p> + +<p class="footnote"><a name="Footnote_471" id="Footnote_471" href="#FNanchor_471"><span class="label">[471]</span></a> + Ware, ii. 74; Davis's <i>Discovery</i>, 174; Spenser's <i>State of Ireland</i>, 390.</p> + +<p class="footnote"><a name="Footnote_472" id="Footnote_472" href="#FNanchor_472"><span class="label">[472]</span></a> + Davis, 135.</p> + +<p class="footnote"><a name="Footnote_473" id="Footnote_473" href="#FNanchor_473"><span class="label">[473]</span></a> + Leland, 80 <i>et post</i>; Davis, 100.</p> + +<p class="footnote"><a name="Footnote_474" id="Footnote_474" href="#FNanchor_474"><span class="label">[474]</span></a> + 4 Inst. 349; Leland, 203; Harris's <i>Hibernica</i>, ii. 14.</p> + +<p class="footnote"><a name="Footnote_475" id="Footnote_475" href="#FNanchor_475"><span class="label">[475]</span></a> + These counties are Dublin, Kildare, Meath (including Westmeath), +Louth, Carlow, Wexford, Kilkenny, Waterford, Cork, Tipperary, Kerry, +and Limerick. In the reign of Edward I. we find sheriffs also of Connaught +and Roscommon. Leland, i. 19. Thus, except the northern province and +some of the central districts, all Ireland was shire-ground, and subject to +the Crown in the thirteenth century, however it might fall away in the two +next. Those who write confusedly about this subject, pretend that the +authority of the king at no time extended beyond the pale; whereas that +name was not known, I believe, till the fifteenth century. Under the great +Earl of Pembroke, who died in 1219, the whole island was perhaps nearly +as much reduced under obedience as in the reign of Elizabeth. Leland, 205.</p> + +<p class="footnote"><a name="Footnote_476" id="Footnote_476" href="#FNanchor_476"><span class="label">[476]</span></a> + Leland, 170.</p> + +<p class="footnote"><a name="Footnote_477" id="Footnote_477" href="#FNanchor_477"><span class="label">[477]</span></a> + Davis, 140. William Marischal, Earl of Pembroke, who married the +daughter of Earl Strongbow, left five sons and five daughters; the first all +died without issue.</p> + +<p class="footnote"><a name="Footnote_478" id="Footnote_478" href="#FNanchor_478"><span class="label">[478]</span></a> + Davis, 147; Leland, 291.</p> + +<p class="footnote"><a name="Footnote_479" id="Footnote_479" href="#FNanchor_479"><span class="label">[479]</span></a> + <i>Id.</i> 194, 209.</p> + +<p class="footnote"><a name="Footnote_480" id="Footnote_480" href="#FNanchor_480"><span class="label">[480]</span></a> + Leland, 225.</p> + +<p class="footnote"><a name="Footnote_481" id="Footnote_481" href="#FNanchor_481"><span class="label">[481]</span></a> + Davis, 100, 109. He quotes the following record from an assize at +Waterford, in the 4th of Edward II. (1311), which may be extracted, as +briefly illustrating the state of law in Ireland better than any general +positions. "<span lang="la" xml:lang="la">Quod Robertus le Wayleys rectatus de morte Johannis filii +Ivor MacGillemory, felonicè per ipsum interfecti, etc. Venit et bene cognovit +quod prædictum Johannem interfecit; dicit tamen quod per ejus +interfectionem feloniam committere non potuit, quia dicit, quod prædictus +Johannes fuit purus Hibernicus, et non de libero sanguine, etc. Et cum +dominus dicti Johannis, cujus Hibernicus idem Johannes fuit, die quo +interfectus fuit, solutionem pro ipso Johanne Hibernico suo sic interfecto +petere voluerit, ipse Robertus paratus erit ad respondendum de solutione +prædictâ prout justitia suadebit. Et super hoc venit quidam Johannes +le Poer, et dicit pro domino rege, quod prædictus Johannes filius Ivor +Mac-Gillemory, et antecessores sui de cognomine prædicto a tempore quo +dominus Henricus filius imperatricis, quondam dominus Hiberniæ, tritavus +domini regis nunc, fuit in Hiberniâ, legem Anglicanam in Hiberniâ usque +ad hanc diem habere, et secundum ipsam legem judicari et deduci debent.</span>" +We have here both the general rule, that the death of an Irishman was only +punishable by a composition to his lord, and the exception in behalf of +those natives who had conformed to the English law.</p> + +<p class="footnote"><a name="Footnote_482" id="Footnote_482" href="#FNanchor_482"><span class="label">[482]</span></a> + Davis, 104; Leland, 82. It was necessary to plead in bar of an action, +that the plaintiff was <span lang="la" xml:lang="la">Hibernicus, et non de quinque sanguinibus</span>.</p> + +<p class="footnote"><a name="Footnote_483" id="Footnote_483" href="#FNanchor_483"><span class="label">[483]</span></a> + Davis, 106. "If I should collect out of the records all the charters of +this kind, I should make a volume thereof." They began as early as the +reign of Henry III. Leland, 225.</p> + +<p class="footnote"><a name="Footnote_484" id="Footnote_484" href="#FNanchor_484"><span class="label">[484]</span></a> + Leland, 243.</p> + +<p class="footnote"><a name="Footnote_485" id="Footnote_485" href="#FNanchor_485"><span class="label">[485]</span></a> + <i>Id.</i> 289.</p> + +<p class="footnote"><a name="Footnote_486" id="Footnote_486" href="#FNanchor_486"><span class="label">[486]</span></a> + "There were two other customs proper and peculiar to the Irishry, +which, being the cause of many strong combinations and factions, do tend +to the utter ruin of a commonwealth. The one was <i>fostering</i>, the other +<i>gossipred</i>; both which have ever been of greater estimation among this +people than with any other nation in the Christian world. For fostering +I did never hear or read that it was in that use or reputation in any other +country, barbarous or civil, as it hath been, and yet is, in Ireland, where +they put away all their children to fosterers; the potent and rich men +selling, the meaner sort, buying, the alterage and nursing of their children; +and the reason is, because in the opinion of this people, <i>fostering</i> hath +always been a stronger alliance than blood; and the foster-children do +love and are beloved of their foster-fathers and their sept, more than of +their own natural parents and kindred, and do participate of their means +more frankly, and do adhere to them in all fortunes, with more affection +and constancy. The like may be said of <i>gossipred</i> or compaternity, which +though by the canon law it be a spiritual affinity, and a juror that was +gossip to either of the parties might in former times have been challenged, +as not indifferent, by our law, yet there was no nation under the sun that +ever made so religious an account of it as the Irish," Davis, 179.</p> + +<p class="footnote"><a name="Footnote_487" id="Footnote_487" href="#FNanchor_487"><span class="label">[487]</span></a> + "For that now there is no diversity in array between the English +marchers and the Irish enemies, and so by colour of the English marchers, +the Irish enemies do come from day to day into the English counties as +English marchers, and do rob and kill by the highways, and destroy the +common people by lodging upon them in the nights, and also do kill the +husbands in the nights and do take their goods to the Irish men; wherefore +it is ordained and agreed, that no manner man that will be taken for an +Englishman shall have no beard above his mouth; that is to say, that he +have no hairs upon his upper lip, so that the said lip be once at least +shaven every fortnight, or of equal growth with the nether lip. And if +any man be found among the English contrary hereunto, that then it shall +be lawful to every man to take them and their goods as Irish enemies, and +to ransom them as Irish enemies." Irish Statutes, 25 H. 6, c. 4.</p> + +<p class="footnote"><a name="Footnote_488" id="Footnote_488" href="#FNanchor_488"><span class="label">[488]</span></a> + Davis, 152, 182; Leland, i. 256, etc.; Ware, ii. 58.</p> + +<p class="footnote"><a name="Footnote_489" id="Footnote_489" href="#FNanchor_489"><span class="label">[489]</span></a> + Leland, 253.</p> + +<p class="footnote"><a name="Footnote_490" id="Footnote_490" href="#FNanchor_490"><span class="label">[490]</span></a> + Cox's <i>Hist. of Ireland</i>, 117, 120.</p> + +<p class="footnote"><a name="Footnote_491" id="Footnote_491" href="#FNanchor_491"><span class="label">[491]</span></a> + <i>Id.</i> 125, 129; Leland, 313.</p> + +<p class="footnote"><a name="Footnote_492" id="Footnote_492" href="#FNanchor_492"><span class="label">[492]</span></a> + Irish Statutes.</p> + +<p class="footnote"><a name="Footnote_493" id="Footnote_493" href="#FNanchor_493"><span class="label">[493]</span></a> + Davis, 174, 189; Leland, 281. Maurice Fitz-Thomas, Earl of Desmond, +was the first of the English, according to Ware, ii. 76, who imposed the +exaction of coyne and livery.</p> + +<p class="footnote"><a name="Footnote_494" id="Footnote_494" href="#FNanchor_494"><span class="label">[494]</span></a> + Irish Statutes; Davis, 202; Cox; Leland.</p> + +<p class="footnote"><a name="Footnote_495" id="Footnote_495" href="#FNanchor_495"><span class="label">[495]</span></a> + Leland, i. 278, 296, 324; Davis, 152, 197.</p> + +<p class="footnote"><a name="Footnote_496" id="Footnote_496" href="#FNanchor_496"><span class="label">[496]</span></a> + Leland, 342. The native chieftains who came to Dublin are said to +have been seventy-five in number; but the insolence of the courtiers, who +ridiculed an unusual dress and appearance, disgusted them.</p> + +<p class="footnote"><a name="Footnote_497" id="Footnote_497" href="#FNanchor_497"><span class="label">[497]</span></a> + Davis, 193.</p> + +<p class="footnote"><a name="Footnote_498" id="Footnote_498" href="#FNanchor_498"><span class="label">[498]</span></a> + Leland, ii. 822 <i>et post</i>; Davis, 199, 229, 236; Holingshed's <i>Chronicles +of Ireland</i>, p. 4. Finglas, a baron of the exchequer in the reign of Henry +VIII., in his <i>Breviate of Ireland</i>, from which Davis has taken great part of +his materials, says expressly, that, by the disobedience of the Geraldines +and Butlers, and their Irish connections, "the whole land is now of Irish +rule, except the little English pale, within the counties of Dublin and +Meath, and Uriel [Louth], which pass not thirty or forty miles in compass." +The English were also expelled from Munster, except the walled towns. +The king had no profit out of Ulster, but the manor of Carlingford, nor +any in Connaught. This treatise, written about 1530, is printed in Harris's +<i>Hibernica</i>. The proofs that, in this age, the English law and government +were confined to the four shires, are abundant. It is even mentioned in +a statute, 13 H. 8, c. 2.</p> + +<p class="footnote"><a name="Footnote_499" id="Footnote_499" href="#FNanchor_499"><span class="label">[499]</span></a> + Irish Statutes; Davis, 230; Leland, ii. 102.</p> + +<p class="footnote"><a name="Footnote_500" id="Footnote_500" href="#FNanchor_500"><span class="label">[500]</span></a> + Leland.</p> + +<p class="footnote"><a name="Footnote_501" id="Footnote_501" href="#FNanchor_501"><span class="label">[501]</span></a> + Irish Statutes, 33 H. 8, c. 1.</p> + +<p class="footnote"><a name="Footnote_502" id="Footnote_502" href="#FNanchor_502"><span class="label">[502]</span></a> + <i>Ibid.</i> 28 H. 8, c. 15, 28. The latter act prohibits intermarriage or +fostering with the Irish; which had indeed been previously restrained by +other statutes. In one passed five years afterwards, it is recited that "the +king's English subjects, by reason that they are inhabited in so little +compass or circuit, and restrained by statute to marry with the Irish nation, +and therefore of necessity must marry themselves together, so that in +effect they all for the most part must be allied together; and therefore it +is enacted, that consanguinity or affinity beyond the fourth degree shall +be no cause of challenge on a jury." 33 H. 8, c. 4. These laws were for +many years of little avail, so far at least as they were meant to extend +beyond the pale. Spenser's <i>State of Ireland</i>, p. 384 <i>et post</i>.</p> + +<p class="footnote"><a name="Footnote_503" id="Footnote_503" href="#FNanchor_503"><span class="label">[503]</span></a> + Leland, ii. 178, 184.</p> + +<p class="footnote"><a name="Footnote_504" id="Footnote_504" href="#FNanchor_504"><span class="label">[504]</span></a> + Leland, ii. 189, 211; 3 & 4 P. and M. c. 1 and 2. Meath had been +divided into two shires, by separating the western part. 34 H. 8, c. 1. +"Forasmuch as the shire of Methe is great and large in circuit, and the +west part thereof laid about or beset with divers of the king's rebels." +Baron Finglas says, "Half Meath has not obeyed the king's laws these +one hundred years or more." <i>Breviate of Ireland</i>, apud Harris, p. 85.</p> + +<p class="footnote"><a name="Footnote_505" id="Footnote_505" href="#FNanchor_505"><span class="label">[505]</span></a> + Leland, ii. 158.</p> + +<p class="footnote"><a name="Footnote_506" id="Footnote_506" href="#FNanchor_506"><span class="label">[506]</span></a> + Leland, 224; Irish Statutes, 2 Eliz.</p> + +<p class="footnote"><a name="Footnote_507" id="Footnote_507" href="#FNanchor_507"><span class="label">[507]</span></a> + Leland gives several instances of breach of faith in the government. +A little tract, called a "Brief Declaration of the Government of Ireland," +written by Captain Lee in 1594, and published in <i>Desiderata Curiosa +Hibernica</i>, vol. i., censures the two last deputies (Grey and Fitzwilliams) +for their ill usage of the Irish, and unfolds the despotic character of the +English government. "The cause they (the lords of the north) have to +stand upon those terms, and to seek for better assurance, is the harsh +practices used against others, by those who have been placed in authority +to protect men for your majesty's service, which they have greatly abused +in this sort. They have drawn unto them by protection three or four +hundred of the country people, under colour to do your majesty service, +and brought them to a place of meeting, where your garrison soldiers +were appointed to be, who have there most dishonourably put them all to +the sword; and this hath been by the consent and practice of the lord +deputy for the time being. If this be a good course to draw those savage +people to the state to do your majesty service, and not rather to enforce +them to stand on their guard, I leave to your majesty."—P. 90. He +goes on to enumerate more cases of hardship and tyranny; many being +arraigned and convicted of treason on slight evidence; many assaulted and +killed by the sheriffs on commissions of rebellion; others imprisoned and +kept in irons; among others, a youth, the heir of a great estate. He +certainly praises Tyrone more than, from subsequent events, we should +think just, which may be thought to throw some suspicion on his own +loyalty; yet he seems to have been a protestant, and in 1594 the views of +Tyrone were ambiguous, so that Captain Lee may have been deceived.</p> + +<p class="footnote"><a name="Footnote_508" id="Footnote_508" href="#FNanchor_508"><span class="label">[508]</span></a> + <i>Sidney Papers</i>, i. 20.</p> + +<p class="footnote"><a name="Footnote_509" id="Footnote_509" href="#FNanchor_509"><span class="label">[509]</span></a> + <i>Id.</i> 24.</p> + +<p class="footnote"><a name="Footnote_510" id="Footnote_510" href="#FNanchor_510"><span class="label">[510]</span></a> + <i>Sidney Papers</i>, i. 29. Spenser descants on the lawless violence of the +superior Irish; and imputes, I believe with much justice, a great part of +their crimes to his own brethren, if they might claim so proud a title, the +bards: "whomsoever they find to be most licentious of life, most bold and +lawless in his doings, most dangerous and desperate in all parts of disobedience +and rebellious disposition, him they set up and glorify in their +rhymes, him they praise to the people, and to young men make an example +to follow."—P. 394.</p> + +<p class="footnote"><a name="Footnote_511" id="Footnote_511" href="#FNanchor_511"><span class="label">[511]</span></a> + Holingshed, 460.</p> + +<p class="footnote"><a name="Footnote_512" id="Footnote_512" href="#FNanchor_512"><span class="label">[512]</span></a> + Leland, 287; Spenser's <i>Account of Ireland</i>, p. 430 (vol. viii. of Todd's +edition, 1805). Grey is the Arthegal of the <i>Faery Queen</i>, the representative +of the virtue of justice in that allegory, attended by Talus with his iron +flail, which indeed was unsparingly employed to crush rebellion. Grey's +severity was signalised in putting to death seven hundred Spaniards who +had surrendered at discretion in the fort of Smerwick. Though this might +be justified by the strict laws of war (Philip not being a declared enemy) +it was one of those extremities which justly revolt the common feelings of +mankind. The queen is said to have been much displeased at it. Leland, +283. Spenser undertakes the defence of his patron Grey. <i>State of +Ireland</i>, p. 434.</p> + +<p class="footnote"><a name="Footnote_513" id="Footnote_513" href="#FNanchor_513"><span class="label">[513]</span></a> + Leland, 247, 293. An act had passed (II Eliz. c. 9) for dividing the +whole island into shire-ground, appointing sheriffs, justices of the peace, +etc.; which, however, was not completed.</p> + +<p class="footnote"><a name="Footnote_514" id="Footnote_514" href="#FNanchor_514"><span class="label">[514]</span></a> + Leland, 305. Their conduct provoked an insurrection both in Connaught +and Ulster. Spenser, who shows always a bias towards the most +rigorous policy, does injustice to Perrott." He did tread down and +disgrace all the English, and set up and countenance the Irish all that he +could."—P. 437. This has in all ages been the language, when they have +been placed on an equality, or anything approaching to an equality, with +their fellow subjects.</p> + +<p class="footnote"><a name="Footnote_515" id="Footnote_515" href="#FNanchor_515"><span class="label">[515]</span></a> + Leland, 248.</p> + +<p class="footnote"><a name="Footnote_516" id="Footnote_516" href="#FNanchor_516"><span class="label">[516]</span></a> + Holingshed's <i>Chronicles of Ireland</i>, 342. This part is written by +Hooker himself. Leland, 240; Irish Statutes, 11 Eliz.</p> + +<p class="footnote"><a name="Footnote_517" id="Footnote_517" href="#FNanchor_517"><span class="label">[517]</span></a> + <i>Sidney Papers</i>, i. 153.</p> + +<p class="footnote"><a name="Footnote_518" id="Footnote_518" href="#FNanchor_518"><span class="label">[518]</span></a> + <i>Id.</i> 179.</p> + +<p class="footnote"><a name="Footnote_519" id="Footnote_519" href="#FNanchor_519"><span class="label">[519]</span></a> + <i>Sidney Papers</i>, 84, 117, etc., to 236; Holingshed, 389; Leland, 261. +Sidney was much disappointed at the queen's want of firmness; but it is +plain by the correspondence that Walsingham also thought he had gone +too far. P. 192. The sum required seems to have been reasonable, about +£2000 a year from the five shires of the pale; and, if they had not been +stubborn, he thought all Munster also, except the Desmond territories, +would have submitted to the payment. P. 183. "I have great cause," +he writes, "to mistrust the fidelity of the greatest number of the people of +this country's birth of all degrees; they be papists, as I may well term +them, body and soul. For not only in matter of religion they be Romish, +but for government they will change, to be under a prince of their own +superstition. Since your highness' reign the papists never showed such +boldness as now they do."—P. 184. This, however, hardly tallies with +what he says afterwards (p. 208): "I do believe, for far the greatest number +of the inhabitants of the English pale, her highness hath as true and faithful +subjects as any she hath subject to the Crown;" unless the former passage +refer chiefly to those without the pale, who in fact were exclusively concerned +in the rebellions of this reign.</p> + +<p class="footnote"><a name="Footnote_520" id="Footnote_520" href="#FNanchor_520"><span class="label">[520]</span></a> + "The church is now so spoiled," says Sir Henry Sidney in 1576, "as +well by the ruin of the temples, as the dissipation and embezzling of the +patrimony, and most of all for want of sufficient ministers, as so deformed +and overthrown a church there is not, I am sure, in any region where Christ +is professed." <i>Sidney Papers</i>, i. 109. In the diocese of Meath, being the +best inhabited country of all the realm, out of 224 parish churches, 105 +were impropriate having only curates, of whom but eighteen could speak +English, the rest being Irish rogues, who used to be papists; fifty-two +other churches had vicars, and fifty-two more were in better state than +the rest, yet far from well. <i>Id.</i> 112. Spenser gives a bad character of the +protestant clergy. P. 412.</p> + +<p class="footnote">An act was passed (12 Eliz. c. 1) for erecting free schools in every diocese, +under English masters; the ordinary paying one-third of the salary, and +the clergy the rest. This, however, must have been nearly impracticable. +Another act (13 Eliz. c. 4) enables the Archbishop of Armagh to grant +leases of his lands out of the pale for a hundred years without assent of the +dean and chapter, to persons of English birth, "or of the English and +civil nation, born in this realm of Ireland," at the rent of 4<i>d.</i> an acre. It +recites the chapter to be "except a very few of them, both by nation, +education, and custom, Irish, Irishly affectioned, and small hopes of their +conformities or assent into any such devices as would tend to the placing +of any such number of civil people there, to the disadvantage or bridling +of the Irish." In these northern parts, the English and protestant +interests had so little influence that the pope conferred three bishoprics, +Derry, Clogher, and Raphoe, throughout the reign of Elizabeth. Davis, +254; Leland, ii. 248. What is more remarkable is, that two of these +prelates were summoned to parliament in 1585 (<i>Id.</i> 295); the first in which +some Irish were returned among the Commons.</p> + +<p class="footnote">The reputation of the protestant church continued to be little better in +the reign of Charles I., though its revenues were much improved. Strafford +gives the clergy a very bad character in writing to Laud. Vol. i. 187. +And Burnet's <i>Life of Bedell</i>, transcribed chiefly from a contemporary +memoir, gives a detailed account of that bishop's diocese (Kilmore), which +will take off any surprise that might be felt at the slow progress of the +reformation. He had about fifteen protestant clergy, but all English, +unable to speak the tongue of the people, or to perform any divine offices, +or converse with them, "which is no small cause of the continuance of the +people in popery still."—P. 47. The bishop observed, says his biographer, +"with much regret, that the English had all along neglected the Irish as +a nation not only conquered but undisciplinable; and that the clergy had +scarce considered them as a part of their charge; but had left them wholly +into the hands of their own priests, without taking any other care of them +but the making them pay their tithes. And indeed their priests were a +strange sort of people, that knew generally nothing but the reading their +offices, which were not so much as understood by many of them; and they +taught the people nothing but the saying their <span lang="la" xml:lang="la">paters</span> and <span lang="la" xml:lang="la">aves</span> in Latin."—P. +114. Bedell took the pains to learn himself the Irish language; and +though he could not speak it, composed the first grammar ever made of it; +had the common prayer read every Sunday in Irish, circulated catechisms, +engaged the clergy to set up schools, and even undertook a translation of +the Old Testament, which he would have published but for the opposition +of Laud and Strafford. P. 121.</p> + +<p class="footnote"><a name="Footnote_521" id="Footnote_521" href="#FNanchor_521"><span class="label">[521]</span></a> + Leland, 413.</p> + +<p class="footnote"><a name="Footnote_522" id="Footnote_522" href="#FNanchor_522"><span class="label">[522]</span></a> + Leland, 414, etc. In a letter from six catholic lords of the pale to the +king in 1613, published in <i>Desiderata Curiosa Hibernica</i>, i. 158, they +complain of the oath of supremacy, which, they say, had not been much +imposed under the queen, but was now for the first time enforced in the +remote parts of the country; so that the most sufficient gentry were +excluded from magistracy, and meaner persons, if conformable, put +instead. It is said on the other side, that the laws against recusants were +very little enforced, from the difficulty of getting juries to present them. +<i>Id.</i> 359. Carte's <i>Ormond</i>, 33. But this at least shows that there was some +disposition to molest the catholics on the part of the government; and it +is admitted that they were excluded from offices, and even from practising +at the bar, on account of the oath of supremacy. <i>Id.</i> 320; and compare +the letter of six catholic lords with the answer of lord deputy and council +in the same volume.</p> + +<p class="footnote"><a name="Footnote_523" id="Footnote_523" href="#FNanchor_523"><span class="label">[523]</span></a> + Davis's <i>Reports</i>, ubi supra; "Discovery of Causes," etc., 260; Carte's +<i>Life of Ormond</i>, i. 14; Leland, 418. It had long been an object with the +English government to extinguish the Irish tenures and laws. Some steps +towards it were taken under Henry VIII.; but at that time there was too +great a repugnance among the chieftains. In Elizabeth's instructions to +the Earl of Sussex on taking the government in 1560, it is recommended that +the Irish should surrender their estates, and receive grants in tail male, +but no greater estate. <i>Desiderata Curiosa Hibernica</i>, i. 1. This would +have left a reversion in the Crown, which could not have been cut off, I +believe, by suffering a recovery. But as those who held by Irish tenure +had probably no right to alienate their lands, they had little cause to +complain. An act in 1569 (12 Eliz. c. 4), reciting the greater part of the +Irish to have petitioned for leave to surrender their lands, authorises the +deputy by advice of the privy council to grant letters patent to the Irish +and degenerate English, yielding certain reservations to the queen. Sidney +mentions, in several of his letters, that the Irish were ready to surrender +their lands. Vol. i. 94, 105, 165.</p> + +<p class="footnote">The act 11 Jac. 1, c. 5, repeals divers statutes that treat the Irish as +enemies, some of which have been mentioned above. It takes all the +king's subjects under his protection to live by the same law. Some +vestiges of the old distinctions remained in the statute-book, and were +eradicated in Strafford's parliament. 10 & 11 Car. 1, c. 6.</p> + +<p class="footnote"><a name="Footnote_524" id="Footnote_524" href="#FNanchor_524"><span class="label">[524]</span></a> + Leland, 254.</p> + +<p class="footnote"><a name="Footnote_525" id="Footnote_525" href="#FNanchor_525"><span class="label">[525]</span></a> + See a note in Leland, ii. 302. The truth seems to be, that in this, as +in other Irish forfeitures, a large part was restored to the tenants of the +attainted parties.</p> + +<p class="footnote"><a name="Footnote_526" id="Footnote_526" href="#FNanchor_526"><span class="label">[526]</span></a> + Leland, ii. 301.</p> + +<p class="footnote"><a name="Footnote_527" id="Footnote_527" href="#FNanchor_527"><span class="label">[527]</span></a> + Carte's <i>Life of Ormond</i>, i. 15; Leland, 429; Farmer's "Chronicle of +Sir Arthur Chichester's government," in <i>Desiderata Curiosa Hibernica</i>, +i. 32; an important and interesting narrative; also vol. ii. of the same +collection, 37; Bacon's Works, i. 657.</p> + +<p class="footnote"><a name="Footnote_528" id="Footnote_528" href="#FNanchor_528"><span class="label">[528]</span></a> + Leland, 437, 466; Carte's <i>Ormond</i>, 22; <i>Desiderata Curiosa Hibernica</i>, +238, 243, 378 <i>et alibi</i>; ii. 37 <i>et post</i>. In another treatise published in this +collection, entitled "A Discourse on the State of Ireland," 1614, an +approaching rebellion is remarkably predicted. "The next rebellion, +whensoever it shall happen, doth threaten more danger to the state than +any that hath preceded; and my reasons are these: 1. They have the +same bodies they ever had; and therein they have and had advantage over +us. 2. From their infancies they have been and are exercised in the use +of arms. 3. The realm, by reason of long peace, was never so full of youth +as at this present. 4. That they are better soldiers than heretofore, their +continual employments in the wars abroad assure us; and they do conceive +that their men are better than ours. 5. That they are more politic, and +able to manage rebellion with more judgment and dexterity than their +elders, their experience and education are sufficient. 6. They will give +the first blow; which is very advantageous to them that will give it. +7. The quarrel for the which they rebel will be under the veil of religion +and liberty, than which nothing is esteemed so precious in the hearts of +men. 8. And lastly, their union is such, as not only the old English dispersed +abroad in all parts of the realm, but the inhabitants of the pale +cities and towns, are as apt to take arms against us, which no precedent +time hath ever seen, as the ancient Irish."—Vol. i. 432. "I think that +little doubt is to be made, but that the modern English and Scotch would +in an instant be massacred in their houses."—P. 438. This rebellion the +author expected to be brought about by a league with Spain and with aid +from France.</p> + +<p class="footnote"><a name="Footnote_529" id="Footnote_529" href="#FNanchor_529"><span class="label">[529]</span></a> + The famous parliament of Kilkenny, in 1367, is said to have been very +numerously attended. Leland, i. 319. We find indeed an act (10 H. 7, +c. 23) annulling what was done in a preceding parliament, for this reason, +among others, that the writs had not been sent to all the shires, but to +four only. Yet it appears that the writs would not have been obeyed in +that age.</p> + +<p class="footnote"><a name="Footnote_530" id="Footnote_530" href="#FNanchor_530"><span class="label">[530]</span></a> + Speech of Sir John Davis (1612), on the parliamentary constitution of +Ireland, in Appendix to Leland, vol. ii. p. 490, with the latter's observations +on it. Carte's <i>Ormond</i>, i. 18; Lord Mountmorres's <i>Hist. of Irish +Parliament</i>.</p> + +<p class="footnote"><a name="Footnote_531" id="Footnote_531" href="#FNanchor_531"><span class="label">[531]</span></a> + In the letter of the lords of the pale to King James above mentioned, +they express their apprehension that the erecting so many insignificant +places to the rank of boroughs was with the view of bringing on fresh penal +laws in religion; "and so the general scope and institution of parliament +frustrated; they being ordained for the assurance of the subjects not to be +pressed with any new edicts or laws, but such as should pass with their +general consents and approbations."—P. 158. The king's mode of replying +to this constitutional language was characteristic. "What is it to you +whether I make many or few boroughs? My council may consider the +fitness, if I require it. But what if I had created 40 noblemen and 400 +boroughs? The more the merrier, the fewer the better cheer." <i>Desid. +Cur. Hib.</i> 308.</p> + +<p class="footnote"><a name="Footnote_532" id="Footnote_532" href="#FNanchor_532"><span class="label">[532]</span></a> + Mountmorres, i. 166. The whole number of peers in 1634 was 122, +and those present in parliament that year were 66. They had the privilege +not only of voting, but even protesting by proxy; and those who sent +none, were sometimes fined. <i>Id.</i> vol. i. 316.</p> + +<p class="footnote"><a name="Footnote_533" id="Footnote_533" href="#FNanchor_533"><span class="label">[533]</span></a> + Carte's <i>Ormond</i>, i. 48; Leland, ii. 475 <i>et post</i>.</p> + +<p class="footnote"><a name="Footnote_534" id="Footnote_534" href="#FNanchor_534"><span class="label">[534]</span></a> + Leland, iii. 4 <i>et post</i>. A vehement protestation of the bishops about +this time, with Usher at their head, against any connivance at popery, is +a disgrace to their memory. It is to be met with in many books. Strafford, +however, was far from any real liberality of sentiment. His abstinence +from religious persecution was intended to be temporary, as the motives +whereon it was founded. "It will be ever far forth of my heart to conceive +that a conformity in religion is not above all other things principally to +be intended. For undoubtedly till we be brought all under one form of +divine service, the Crown is never safe on this side, etc. It were too much +at once to distemper them by bringing plantations upon them, and disturbing +them in the exercise of their religion, so long as it be without +scandal; and so indeed very inconsiderate, as I conceive, to move in this +latter, till that former be fully settled, and by that means the protestant +party become by much the stronger, which in truth I do not yet conceive +it to be." <i>Straff. Letters</i>, ii. 39. He says, however, and I believe truly, +that no man had been touched for conscience' sake since he was deputy. +<i>Id.</i> 112. Every parish, as we find by Bedell's <i>Life</i>, had its priest and mass-house; +in some places mass was said in the churches; the Romish bishops +exercised their jurisdiction, which was fully obeyed; but "the priests +were grossly ignorant and openly scandalous, both for drunkenness and +all sort of lewdness."—P. 41, 76. More than ten to one in his diocese, the +county of Cavan, were recusants.</p> + +<p class="footnote"><a name="Footnote_535" id="Footnote_535" href="#FNanchor_535"><span class="label">[535]</span></a> + Some at the council-board having intimated a doubt of their authority +to bind the kingdom, "I was then put to my last refuge, which was plainly +to declare that there was no necessity which induced me to take them to +counsel in this business, for rather than fail in so necessary a duty to my +master, I would undertake upon the peril of my head to make the king's +army able to subsist, and to provide for itself amongst them, without their +help." <i>Strafford Letters</i>, i. 98.</p> + +<p class="footnote"><a name="Footnote_536" id="Footnote_536" href="#FNanchor_536"><span class="label">[536]</span></a> + <i>Id.</i> i. 183; Carte, 61.</p> + +<p class="footnote"><a name="Footnote_537" id="Footnote_537" href="#FNanchor_537"><span class="label">[537]</span></a> + The protestants, he wrote word, had a majority of eight in the Commons. +He told them, "it was very indifferent to him what resolution +the house might take; that there were two ends he had in view, and one +he would infallibly attain—either a submission of the people to his majesty's +just demands, or a just occasion of breach, and either would content the +king; the first was undeniably and evidently best for them."—<i>Id.</i> 277, 278. +In his speech to the two houses, he said, "His majesty expects not to find +you muttering, or to name it more truly, mutinying in corners. I am +commanded to carry a very watchful eye over these private and secret +conventicles, to punish the transgression with a heavy and severe hand; +therefore it behoves you to look to it."—<i>Id.</i> 289. "Finally," he concludes, +"I wish you had a right judgment in all things; yet let me not prove a +Cassandra amongst you, to speak truth and not be believed. However, +speak truth I will, were I to become your enemy for it. Remember +therefore that I tell you, you may easily make or mar this parliament. If +you proceed with respect, without laying clogs and conditions upon the +king, as wise men and good subjects ought to do, you shall infallibly set +up this parliament eminent to posterity, as the very basis and foundation +of the greatest happiness and prosperity that ever befell this nation. But, +if you meet a great king with narrow circumscribed hearts, if you will needs +be wise and cautious above the moon [sic], remember again that I tell you, +you shall never be able to cast your mists before the eyes of a discerning +king; you shall be found out; your sons shall wish they had been the +children of more believing parents; and in a time when you look not for +it, when it will be too late for you to help, the sad repentance of an unadvised +heart shall be yours, lasting honour shall be my master's."</p> + +<p class="footnote">These subsidies were reckoned at near £41,000 each, and were thus +apportioned: Leinster paid £13,000 (of which £1000 from the city of +Dublin), Munster £11,000, Ulster £10,000, Connaught £6,800. Mountmorres, +ii. 16.</p> + +<p class="footnote"><a name="Footnote_538" id="Footnote_538" href="#FNanchor_538"><span class="label">[538]</span></a> + Irish Statutes, 10 Car. 1, c. 1, 2, 3, etc.; <i>Strafford Letters</i>, i. 279, 312. +The king expressly approved the denial of the graces, though promised +formerly by himself. <i>Id.</i> 345; Leland, iii. 20.</p> + +<p class="footnote">"I can now say," Strafford observes (<i>Id.</i> 344), "the king is as absolute +here as any prince in the whole world can be; and may still be, if it be not +spoiled on that side."</p> + +<p class="footnote"><a name="Footnote_539" id="Footnote_539" href="#FNanchor_539"><span class="label">[539]</span></a> + <i>Strafford Letters</i>, i. 353, 370, 402, 442, 451, 454, 473; ii. 113, 139, 366; +Leland, iii. 30, 39; Carte, 82.</p> + +<p class="footnote"><a name="Footnote_540" id="Footnote_540" href="#FNanchor_540"><span class="label">[540]</span></a> + It is, however, true that he discouraged the woollen manufacture, in +order to keep the kingdom more dependent, and that this was part of his +motive in promoting the other. Vol. ii. 19.</p> + +<p class="footnote"><a name="Footnote_541" id="Footnote_541" href="#FNanchor_541"><span class="label">[541]</span></a> + Leland, iii. 51. Strafford himself (ii. 397) speaks highly of their +disposition.</p> + +<p class="footnote"><a name="Footnote_542" id="Footnote_542" href="#FNanchor_542"><span class="label">[542]</span></a> + Carte's <i>Ormond</i>, 100, 140; Leland, iii. 54 <i>et post</i>; Mountmorres, ii. 29. +A remonstrance of the Commons to Lord-Deputy Wandesford against +various grievances was presented 7th November 1640, before Lord Strafford +had been impeached. <i>Id.</i> 39. As to confirming the graces, the delay, +whether it proceeded from the king or his Irish representatives, seems to +have caused some suspicion. Lord Clanricarde mentions the ill consequences +that might result, in a letter to Lord Bristol. Carte's <i>Ormond</i>, +iii. 40.</p> + +<p class="footnote"><a name="Footnote_543" id="Footnote_543" href="#FNanchor_543"><span class="label">[543]</span></a> + Sir Henry Vane communicated to the lords justices, by the king's +command, March 16, 1640-1, that advice had been received and confirmed +by the ministers in Spain and elsewhere, which "deserved to be seriously +considered, and an especial care and watchfulness to be had therein: that +of late there have passed from Spain (and the like may well have been from +other parts) an unspeakable number of Irish churchmen for England and +Ireland, and some good old soldiers, under pretext of asking leave to raise +men for the King of Spain; whereas, it is observed among the Irish friars +there, a whisper was, as if they expected a rebellion in Ireland, and particularly +in Connaught." Carte's <i>Ormond</i>, iii. 30. This letter, which +Carte seems to have taken from a printed book, is authenticated in +<i>Clarendon State Papers</i>, ii. 143. I have mentioned in another part of this +work (Chap. VIII.) the provocations which might have induced the cabinet +of Madrid to foment disturbances in Charles's dominions. The lords +justices are taxed by Carte with supineness in paying no attention to this +letter (vol. i. 166); but how he knew that they paid none seems hard to say.</p> + +<p class="footnote">Another imputation has been thrown on the Irish government and on the +parliament, for objecting to permit levies to be made for the Spanish +service out of the army raised by Strafford, and disbanded in the spring of +1641, which the king had himself proposed. Carte, i. 133; and Leland, 82, +who follows the former implicitly, as he always does. The events indeed +proved that it would have been far safer to let those soldiers, chiefly +catholics, enlist under a foreign banner; but considering the long connection +of Spain with that party, and the apprehension always entertained +that the disaffected might acquire military experience in her service, the +objection does not seem so very unreasonable.</p> + +<p class="footnote"><a name="Footnote_544" id="Footnote_544" href="#FNanchor_544"><span class="label">[544]</span></a> + The fullest writer on the Irish rebellion is Carte, in his <i>Life of Ormond</i>, +who had the use of a vast collection of documents belonging to that noble +family; a selection from which forms this third volume. But he is +extremely partial against all who leaned to the parliamentary or puritan +side, and especially the lords justices, Parsons and Borlase; which renders +him, to say the least, a very favourable witness for the catholics. Leland, +with much candour towards the latter, but a good deal of the same +prejudice against the presbyterians, is little more than the echo of Carte. +A more vigorous, though less elegant historian, is Warner, whose impartiality +is at least equal to Leland's, and who may perhaps, upon the whole, +be reckoned the best modern authority. Sir John Temple's <i>History of +Irish Rebellion</i>, and Lord Clanricarde's <i>Letters</i>, with a few more of less +importance, are valuable contemporary testimonies.</p> + +<p class="footnote">The catholics themselves might better leave their cause to Carte and +Leland than excite prejudices instead of allaying them by such a tissue +of misrepresentation and disingenuousness as Curry's <i>Historical Account +of the Civil Wars in Ireland</i>.</p> + +<p class="footnote"><a name="Footnote_545" id="Footnote_545" href="#FNanchor_545"><span class="label">[545]</span></a> + Sir John Temple reckons the number of protestants murdered, or +destroyed in some manner, from the breaking out of the rebellion in +October 1641, to the cessation in September 1643, at three hundred +thousand, an evident and enormous exaggeration; so that the first +edition being incorrectly printed, and with numerals, we might almost +suspect a cipher to have been added by mistake (p. 15, edit. Maseres). +Clarendon says forty or fifty thousand were murdered in the first insurrection. +Sir William Petty, in his <i>Political Anatomy of Ireland</i>, from calculations +too vague to deserve confidence, puts the number massacred at +thirty-seven thousand. Warner has scrutinised the examinations of witnesses, +taken before a commission appointed in 1643, and now deposited +in the library of Trinity College, Dublin; and, finding many of the depositions +unsworn, and others founded on hearsay, has thrown more doubt +than any earlier writer on the extent of the massacre. Upon the whole, +he thinks twelve thousand lives of protestants the utmost that can be +allowed for the direct or indirect effects of the rebellion, during the two +first years, except losses in war (<i>History of Irish Rebellion</i>, p. 397), and of +these only one-third by murder. It is to be remarked, however, that no +distinct accounts could be preserved in formal depositions of so promiscuous +a slaughter, and that the very exaggerations show its tremendous nature. +The Ulster colony, a numerous and brave people, were evidently unable +to make head for a considerable time against the rebels; which could +hardly have been, if they had only lost a few thousands. It is idle to +throw an air of ridicule (as is sometimes attempted) on the depositions, +because they are mingled with some fabulous circumstances, such as the +appearance of the ghosts of the murdered on the bridge at Cavan; which +by the way, is only told, in the depositions subjoined to Temple, as the +report of the place, and was no cold-blooded fabrication, but the work of +a fancy bewildered by real horrors.</p> + +<p class="footnote">Carte, who dwells at length on every circumstance unfavourable to the +opposite party, despatches the Ulster massacre in a single short paragraph, +and coolly remarks, that there were not many murders, "<i>considering the +nature of such an affair</i>," in the first week of the insurrection. <i>Life of +Ormond</i>, i. 175-177. This is hardly reconcilable to fair dealing. Curry +endeavours to discredit even Warner's very moderate estimate; and +affects to call him in one place (p. 184) "a writer highly prejudiced against +the insurgents," which is grossly false. He praises Carte and Nalson, the +only protestants he does praise, and bestows on the latter the name of +impartial. I wonder he does not say that no one protestant was murdered. +Dr. Lingard has lately given a short account of the Ulster rebellion (<i>Hist. +of England</i>, x. 154), omitting all mention of the massacre, and endeavouring +in a note at the end of the volume, to disprove, by mere scraps of quotation, +an event of such notoriety, that we must abandon all faith in public fame +if it were really unfounded.</p> + +<p class="footnote"><a name="Footnote_546" id="Footnote_546" href="#FNanchor_546"><span class="label">[546]</span></a> + Carte, i. 253, 266; iii. 51; Leland, 154. Sir Charles Coote and Sir +William St. Leger are charged with great cruelties in Munster. The +catholic confederates spoke with abhorrence of the Ulster massacre. +Leland, 161; Warner, 203. They behaved, in many parts, with humanity; +nor indeed do we find frequent instances of violence, except in those +counties where the proprietors had been dispossessed.</p> + +<p class="footnote"><a name="Footnote_547" id="Footnote_547" href="#FNanchor_547"><span class="label">[547]</span></a> + Carte and Leland endeavour to show that the Irish of the pale were +driven into rebellion by the distrust of the lords justices, who refused to +furnish them with arms, after the revolt in Ulster, and permitted the +parliament to sit for one day only, in order to publish a declaration against +the rebels. But the prejudice of these writers is very glaring. The +insurrection broke out in Ulster, October 23, 1641; and in the beginning +of December the lords of the pale were in arms. Surely this affords some +presumptions that Warner has reason to think them privy to the rebellion, +or, at least, not very averse to it. P. 146. And, with the suspicion that +might naturally attach to all Irish catholics, could Borlase and Parsons +be censurable for declining to intrust them with arms, or rather for doing +so with some caution? Temple, 56. If they had acted otherwise, we +should certainly have heard of their incredible imprudence. Again, the +catholic party, in the House of Commons, were so cold in their loyalty, to +say the least, that they objected to giving any appellation to the rebels +worse than that of discontented gentlemen. Leland, 140. See too +Clanricarde's <i>Letters</i>, p. 33, etc. In fact, several counties of Leinster and +Connaught were in arms before the pale.</p> + +<p class="footnote">It has been thought by some that the lords justices had time enough to +have quelled the rebellion in Ulster before it spread farther. Warner, 130. +Of this, as I conceive, we should not pretend to judge confidently. Certain +it is that the whole army in Ireland was very small, consisting of only +nine hundred and forty-three horse, and two thousand two hundred and +ninety-seven foot. Temple, 32; Carte, 194. I think Sir John Temple +has been unjustly depreciated; he was master of the rolls in Ireland at the +time, and a member of the council—no bad witness for what passed in +Dublin; and he makes out a complete justification, as far as appears, for +the conduct of the lords justices and council towards the lords of the pale +and the catholic gentry. Nobody alleges that Parsons and Borlase were +men of as much energy as Lord Strafford; but those who sit down in their +closets, like Leland and Warner, more than a century afterwards, to lavish +the most indignant contempt on their memory, should have reflected a +little on the circumstances.</p> + +<p class="footnote"><a name="Footnote_548" id="Footnote_548" href="#FNanchor_548"><span class="label">[548]</span></a> + "I perceived (says Preston, general of the Irish, writing to Lord +Clanricarde) that the catholic religion, the rights and prerogatives of his +majesty, my dread sovereign, the liberties of my country, and whether +there should be an Irishman or no, were the prizes at stake." Carte iii. +120. Clanricarde himself expresses to the king, and to his brother, Lord +Essex, in January 1642, his apprehension that the English parliament +meant to make it a religious war. Clanricarde's <i>Letters</i>, 61 <i>et post</i>. The +letters of this great man, perhaps the most unsullied character in the annals +of Ireland, and certainly more so than even his illustrious contemporary, +the Duke of Ormond, exhibit the struggles of a noble mind between love +of his country and his religion on the one hand, loyalty and honour on the +other. At a later period of that unhappy war, he thought himself able to +conciliate both principles.</p> + +<p class="footnote"><a name="Footnote_549" id="Footnote_549" href="#FNanchor_549"><span class="label">[549]</span></a> + Carte, ii. 221; Leland, 420.</p> + +<p class="footnote"><a name="Footnote_550" id="Footnote_550" href="#FNanchor_550"><span class="label">[550]</span></a> + Carte, ii. 216; Leland, 414.</p> + +<p class="footnote"><a name="Footnote_551" id="Footnote_551" href="#FNanchor_551"><span class="label">[551]</span></a> + Carte, 222 <i>et post</i>; Leland, 420 <i>et post</i>.</p> + +<p class="footnote"><a name="Footnote_552" id="Footnote_552" href="#FNanchor_552"><span class="label">[552]</span></a> + Carte, 258-316; Leland, 431 <i>et post</i>.</p> + +<p class="footnote"><a name="Footnote_553" id="Footnote_553" href="#FNanchor_553"><span class="label">[553]</span></a> + The statements of lands forfeited and restored, under the execution +of the act of settlement, are not the same in all writers. Sir William +Petty estimates the superficies of Ireland at 10,500,000 Irish acres (being +to the English measure nearly as eight to thirteen), whereof 7,500,000 are +of good land, the rest being moor, bog, and lake. In 1641, the estates of +the protestant owners and of the church were about one-third of these +cultivable lands, those of catholics two-thirds. The whole of the latter +were seized or sequestered by Cromwell and the parliament. After +summing up the allotments made by the commissioners under the act of +settlement, he concludes that, in 1672, the English, protestants, and church +have 5,140,000 acres, and the papists nearly half as much. <i>Political +Anatomy of Ireland</i>, C. 1. In Lord Orrery's <i>Letters</i>, i. 187 <i>et post</i>, is a statement, +which seems not altogether to tally with Sir William Petty's; nor +is that of the latter clear and consistent in all its computations. Lawrence, +author of "The Interest of Ireland Stated," a treatise published in 1682, +says, "Of 10,868,949 acres, returned by the last survey of Ireland, the +Irish papists are possessed but of 2,041,108 acres, which is but a small +matter above the fifth part of the whole."—Part ii. p. 48. But, as it is +evidently below one-fifth, there must be some mistake. I suspect that in +one of these sums he reckoned the whole extent, and in the other only +cultivable lands. Lord Clare, in his celebrated speech on the Union, +greatly over-rates the confiscations.</p> + +<p class="footnote">Petty calculates that above 500,000 of the Irish "perished and were +wasted by the sword, plague, famine, hardship, and banishment, between +the 23rd day of October 1641, and the same day 1652;" and conceives +the population of the island in 1641 to have been nearly 1,500,000, including +protestants. But his conjectures are prodigiously vague.</p> + +<p class="footnote"><a name="Footnote_554" id="Footnote_554" href="#FNanchor_554"><span class="label">[554]</span></a> + Petty is as ill satisfied with the restoration of lands to the Irish, as they +could be with the confiscations. "Of all that claimed innocency, seven in +eight obtained it. The restored persons have more than what was their +own in 1641, by at least one-fifth. Of those adjudged innocents, not one +in twenty were really so."</p> + +<p class="footnote"><a name="Footnote_555" id="Footnote_555" href="#FNanchor_555"><span class="label">[555]</span></a> + Carte, ii. 414 <i>et post</i>; Leland, 458 <i>et post</i>.</p> + +<p class="footnote"><a name="Footnote_556" id="Footnote_556" href="#FNanchor_556"><span class="label">[556]</span></a> + Leland, 493 <i>et post</i>; Mazure, <i>Hist. de la Révolut.</i> ii. 113.</p> + +<p class="footnote"><a name="Footnote_557" id="Footnote_557" href="#FNanchor_557"><span class="label">[557]</span></a> + M. Mazure has brought this remarkable fact to light. Bonrepos, a +French emissary in England, was authorised by his court to proceed in a +negotiation with Tyrconnel for the separation of the two islands, in case +that a protestant should succeed to the crown of England. He had +accordingly a private interview with a confidential agent of the lord +lieutenant at Chester, in the month of October 1687. Tyrconnel undertook +that in less than a year everything should be prepared. <i>Id.</i> ii. 281, +288; iii. 430.</p> + +<p class="footnote"><a name="Footnote_558" id="Footnote_558" href="#FNanchor_558"><span class="label">[558]</span></a> + Leland, 537. This seems to rest on the authority of Leslie, which is +by no means good. Some letters of Barillon in 1687 show that James had +intended the repeal of the act of settlement. Dalrymple, 257, 263.</p> + +<p class="footnote"><a name="Footnote_559" id="Footnote_559" href="#FNanchor_559"><span class="label">[559]</span></a> + See the articles at length in Leland, 619. Those who argue from the +treaty of Limerick against any political disabilities subsisting at present +do injury to a good cause [1827].</p> + +<p class="footnote"><a name="Footnote_560" id="Footnote_560" href="#FNanchor_560"><span class="label">[560]</span></a> + Irish Stat. 9 W. III. c. 2.</p> + +<p class="footnote"><a name="Footnote_561" id="Footnote_561" href="#FNanchor_561"><span class="label">[561]</span></a> + <i>Parl. Hist.</i> v. 1202.</p> + +<p class="footnote"><a name="Footnote_562" id="Footnote_562" href="#FNanchor_562"><span class="label">[562]</span></a> + 7 W. III. c. 4.</p> + +<p class="footnote"><a name="Footnote_563" id="Footnote_563" href="#FNanchor_563"><span class="label">[563]</span></a> + 7 W. III. c. 4.</p> + +<p class="footnote"><a name="Footnote_564" id="Footnote_564" href="#FNanchor_564"><span class="label">[564]</span></a> + 9 W. III. c. 3; 2 Anne, c. 6.</p> + +<p class="footnote"><a name="Footnote_565" id="Footnote_565" href="#FNanchor_565"><span class="label">[565]</span></a> + <i>Id.</i></p> + +<p class="footnote"><a name="Footnote_566" id="Footnote_566" href="#FNanchor_566"><span class="label">[566]</span></a> + <i>Id.</i></p> + +<p class="footnote"><a name="Footnote_567" id="Footnote_567" href="#FNanchor_567"><span class="label">[567]</span></a> + 7 W. III. c. 5.</p> + +<p class="footnote"><a name="Footnote_568" id="Footnote_568" href="#FNanchor_568"><span class="label">[568]</span></a> + 9 W. III. c. 1; 2 Anne, c. 3, s. 7; 8 Anne, c. 3.</p> + +<p class="footnote"><a name="Footnote_569" id="Footnote_569" href="#FNanchor_569"><span class="label">[569]</span></a> + Carte's <i>Ormond</i>, i. 328; Warner, 212. These writers censure the +measure as illegal and impolitic.</p> + +<p class="footnote"><a name="Footnote_570" id="Footnote_570" href="#FNanchor_570"><span class="label">[570]</span></a> + Leland says none; but by Lord Orrery's letters, i. 35, it appears that +one papist and one anabaptist were chosen for that parliament, both from +Tuam.</p> + +<p class="footnote"><a name="Footnote_571" id="Footnote_571" href="#FNanchor_571"><span class="label">[571]</span></a> + Mountmorres, i. 158.</p> + +<p class="footnote"><a name="Footnote_572" id="Footnote_572" href="#FNanchor_572"><span class="label">[572]</span></a> + Mountmorres, 3 W. & M. c. 2.</p> + +<p class="footnote"><a name="Footnote_573" id="Footnote_573" href="#FNanchor_573"><span class="label">[573]</span></a> + <i>Ibid.</i> i. 163; Plowden's <i>Hist. Review of Ireland</i>, i. 263. The terrible +act of the second of Anne prescribes only the oaths of allegiance and +abjuration for voters at elections. § 24.</p> + +<p class="footnote"><a name="Footnote_574" id="Footnote_574" href="#FNanchor_574"><span class="label">[574]</span></a> + Such conversions were naturally distrusted. Boulter expresses alarm +at the number of pseudo-protestants who practised the law; and a bill was +actually passed to disable any one, who had not professed that religion for +five years, from acting as a barrister or solicitor. <i>Letters</i>, i. 226. "The +practice of the law, from the top to the bottom, is almost wholly in the +hands of these converts."</p> + +<p class="footnote"><a name="Footnote_575" id="Footnote_575" href="#FNanchor_575"><span class="label">[575]</span></a> + "Evidence of State of Ireland in Sessions of 1824 and 1825," p. 325 +(as printed for Murray). In a letter of the year 1755, from a clergyman in +Ireland to Archbishop Herring, in the British Museum (Sloane MSS. 4164, +11), this is also stated. The writer seems to object to a repeal of the penal +laws, which the catholics were supposed to be attempting; and says they +had the exercise of their religion as openly as the protestants, and monasteries +in many places.</p> + +<p class="footnote"><a name="Footnote_576" id="Footnote_576" href="#FNanchor_576"><span class="label">[576]</span></a> + Plowden's <i>Historical Review of State of Ireland</i>, vol. i. <i>passim</i>.</p> + +<p class="footnote"><a name="Footnote_577" id="Footnote_577" href="#FNanchor_577"><span class="label">[577]</span></a> + Sir William Petty, in 1672, reckons the inhabitants of Ireland at +1,100,000; of whom 200,000 English, and 100,000 Scots; above half the +former being of the established church. <i>Political Anatomy of Ireland</i>, +chap. ii. It is sometimes said in modern times, though very erroneously, +that the presbyterians form a majority of protestants in Ireland; but their +proportion has probably diminished since the beginning of the eighteenth +century.</p> + +<p class="footnote"><a name="Footnote_578" id="Footnote_578" href="#FNanchor_578"><span class="label">[578]</span></a> + Plowden, 243.</p> + +<p class="footnote"><a name="Footnote_579" id="Footnote_579" href="#FNanchor_579"><span class="label">[579]</span></a> + Irish Stat. 6 G. I. c. 5.</p> + +<p class="footnote"><a name="Footnote_580" id="Footnote_580" href="#FNanchor_580"><span class="label">[580]</span></a>Mountmorres, ii. 142. As one house could not regularly transmit + heads of bills to the other, the advantage of a joint recommendation was + obtained by means of conferences, which were consequently much more + usual than in England. <i>Id.</i> 179.</p> + +<p class="footnote"><a name="Footnote_581" id="Footnote_581" href="#FNanchor_581"><span class="label">[581]</span></a> + <i>Id.</i> 184.</p> + +<p class="footnote"><a name="Footnote_582" id="Footnote_582" href="#FNanchor_582"><span class="label">[582]</span></a> + Carte's <i>Ormond</i>, iii. 55.</p> + +<p class="footnote"><a name="Footnote_583" id="Footnote_583" href="#FNanchor_583"><span class="label">[583]</span></a> + Vol. ii.; Mountmorres, i. 360.</p> + +<p class="footnote"><a name="Footnote_584" id="Footnote_584" href="#FNanchor_584"><span class="label">[584]</span></a> + Journals, 27th June 1698; <i>Parl. Hist.</i> v. 1181. They resolved at the +same time that the conduct of the Irish parliament, in pretending to +re-enact a law made in England expressly to bind Ireland, had given +occasion to these dangerous positions. On the 30th of June they addressed +the king in consequence, requesting him to prevent anything of the like +kind in future. In this address, as first drawn, the legislative authority of +the <i>kingdom of England</i> is asserted. But this phrase was omitted afterwards, +I presume, as rather novel; though by doing so they destroyed +the basis of their proposition, which could stand much better on the new +theory of the constitution than the ancient.</p> + +<p class="footnote"><a name="Footnote_585" id="Footnote_585" href="#FNanchor_585"><span class="label">[585]</span></a> + 5 G. I. c. 5; Plowden, 244. The Irish House of Lords had, however, +entertained writs of error as early as 1644, and appeals in equity from 1661. +Mountmorres, i. 339. The English peers might have remembered that +their own precedents were not much older.</p> + +<p class="footnote"><a name="Footnote_586" id="Footnote_586" href="#FNanchor_586"><span class="label">[586]</span></a> + See Boulter's <i>Letters</i>, passim. His plan for governing Ireland was to +send over as many English-born bishops as possible. "The bishops," he +says, "are the persons on whom the government must depend for doing +the public business here." I. 238. This of course disgusted the Irish +church.</p> + +<p class="footnote"><a name="Footnote_587" id="Footnote_587" href="#FNanchor_587"><span class="label">[587]</span></a> + Mountmorres, i. 424.</p> + +<p class="footnote"><a name="Footnote_588" id="Footnote_588" href="#FNanchor_588"><span class="label">[588]</span></a> + Plowden, 306 <i>et post</i>; Hardy's <i>Life of Lord Charlemont</i>.</p> + +</div> + + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of Constitutional History of England, +volume 3 of 3, by Henry Hallam + +*** END OF THIS PROJECT GUTENBERG EBOOK CONST. 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