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B. Perrett - -This eBook is for the use of anyone anywhere in the United States and most -other parts of the world at no cost and with almost no restrictions -whatsoever. You may copy it, give it away or re-use it under the terms of -the Project Gutenberg License included with this eBook or online at -www.gutenberg.org. If you are not located in the United States, you'll have -to check the laws of the country where you are located before using this ebook. - -Title: A Constitution in Making (1660-1714) - -Author: G. B. Perrett - -Editor: S. E. Winbolt - Kenneth Bell - -Release Date: May 11, 2016 [EBook #52046] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK A CONSTITUTION IN MAKING, 1660-1714 *** - - - - -Produced by Chris Pinfield, and The Online -Distributed Proofreading Team at http://www.pgdp.net (This -file was produced from images generously made available -by The Internet Archive) - - - - - - -</pre> - - -<div id="tnote"> - -<p>Transcriber's Note.</p> - -<p>Apparent typographical errors have been corrected. The use of hyphens -has been rationalised.</p> - -<p>A notice of other books in the series has been moved to the end of the -text.</p> - -</div> - -<div id="front"> - - <p>BELL'S ENGLISH HISTORY SOURCE BOOKS</p> - - <p><i>General Editors</i>: <span class="smcap">S. E. Winbolt</span>, M.A., - and <span class="smcap">Kenneth Bell</span>, M.A.</p> - - <h1>A CONSTITUTION IN<br /> - MAKING<br /> - <span class="small">(1660-1714)</span></h1> - - <p><span class="x-small">COMPILED BY</span><br /> - G. B. PERRETT, M.A. <span class="smcap">Lond.</span><br /> - <span class="x-small">EMMANUEL COLLEGE, CAMBRIDGE</span></p> - -<div class="image-center"> - <img width="82" height="100" alt="bell" src="images/bell.jpg" /> -</div> - - <p>LONDON<br /> - G. BELL AND SONS, LTD.<br /> - <span class="small">1912</span></p> - -</div> - -<hr /> - -<div class="pagenum"><a name="Page_v" id="Page_v">{v}</a></div> - -<h2>INTRODUCTION</h2> - -<p class="nodent"><span class="smcap">This</span> -series of English History Source Books is intended -for use with any ordinary textbook of English History. -Experience has conclusively shown that such apparatus is -a valuable—nay, an indispensable—adjunct to the history -lesson. It is capable of two main uses: either by way of -lively illustration at the close of a lesson, or by way of inference-drawing, -before the textbook is read, at the beginning -of the lesson. The kind of problems and exercises that may -be based on the documents are legion, and are admirably -illustrated in a <i>History of England for Schools</i>, Part I., by -Keatinge and Frazer, pp. 377-381. However, we have no -wish to prescribe for the teacher the manner in which he shall -exercise his craft, but simply to provide him and his pupils -with materials hitherto not readily accessible for school -purposes. The very moderate price of the books in this -series should bring them within the reach of every secondary -school. Source books enable the pupil to take a more active -part than hitherto in the history lesson. Here is the apparatus, -the raw material: its use we leave to teacher and -taught.</p> - -<p>Our belief is that the books may profitably be used by all -grades of historical students between the standards of fourth-form -boys in secondary schools and undergraduates at Universities. -What differentiates students at one extreme from -those at the other is not so much the kind of subject-matter -dealt with, as the amount they can read into or extract -from it.</p> - -<p><span class="pagenum"><a name="Page_vi" id="Page_vi">{vi}</a></span> -In regard to choice of subject-matter, while trying to -satisfy the natural demand for certain "stock" documents -of vital importance, we hope to introduce much fresh and -novel matter. It is our intention that the majority of the -extracts should be lively in style—that is, personal, or descriptive, -or rhetorical, or even strongly partisan—and should -not so much profess to give the truth as supply data for inference. -We aim at the greatest possible variety, and lay -under contribution letters, biographies, ballads and poems, -diaries, debates, and newspaper accounts. Economics, London, -municipal, and social life generally, and local history, -are represented in these pages.</p> - -<p>The order of the extracts is strictly chronological, each -being numbered, titled, and dated, and its authority given. -The text is modernised, where necessary, to the extent of -leaving no difficulties in reading.</p> - -<p>We shall be most grateful to teachers and students who -may send us suggestions for improvement.</p> - -<div class="foot"> - - <div class="right1 smcap">S. E. Winbolt.</div> - <div class="right1 smcap">Kenneth Bell.</div> - -</div> - -<h2>TABLE OF CONTENTS</h2> - -<table id="toc" summary="ToC"> - -<tr> - <td colspan="4" class="pagno"><span class="x-small">PAGE</span></td> -</tr> - -<tr> - <td colspan="2" class="chap">Introduction</td> - <td colspan="2" class="pagno"><a href="#Page_v">v</a></td> -</tr> - -<tr> - <td class="year">1660.</td> - <td class="chap">Declaration of Breda</td> - <td class="ref">Parliamentary History</td> - <td class="pagno"><a href="#Page_1">1</a></td> -</tr> - -<tr> - <td class="year">1660.</td> - <td class="chap">The Restoration</td> - <td class="ref">Clarendon's "History"</td> - <td class="pagno"><a href="#Page_3">3</a></td> -</tr> - -<tr> - <td class="year">1662.</td> - <td class="chap">The Act of Uniformity</td> - <td class="ref">Statutes of the Realm</td> - <td class="pagno"><a href="#Page_11">11</a></td> -</tr> - -<tr> - <td class="year">1665.</td> - <td class="chap">The Plague in London</td> - <td class="ref">Defoe's "Works"</td> - <td class="pagno"><a href="#Page_14">14</a></td> -</tr> - -<tr> - <td class="year">1666.</td> - <td class="chap">The Great Fire of London</td> - <td class="ref">Pepys's "Diary"</td> - <td class="pagno"><a href="#Page_22">22</a></td> -</tr> - -<tr> - <td class="year">1668.</td> - <td class="chap">The Triple Alliance</td> - <td class="ref">Sir W. Temple's "Letters"</td> - <td class="pagno"><a href="#Page_27">27</a></td> -</tr> - -<tr> - <td class="year">1672-73.</td> - <td class="chap">The Declaration of Indulgence and Test Act</td> - <td class="ref">Journals of the House of Commons</td> - <td class="pagno"><a href="#Page_30">30</a></td> -</tr> - -<tr> - <td class="year">1673.</td> - <td class="chap">Coffee Houses</td> - <td class="ref">Harleian Miscellany</td> - <td class="pagno"><a href="#Page_34">34</a></td> -</tr> - -<tr> - <td class="year">1673.</td> - <td class="chap">A Parliamentary Election</td> - <td class="ref">"Lives of the Norths"</td> - <td class="pagno"><a href="#Page_38">38</a></td> -</tr> - -<tr> - <td class="year">1675.</td> - <td class="chap">A Bogus "King's Speech"</td> - <td class="ref">"Contemporary Satire"</td> - <td class="pagno"><a href="#Page_40">40</a></td> -</tr> - -<tr> - <td class="year">1679.</td> - <td class="chap">Habeas Corpus Act</td> - <td class="ref">Statutes of the Realm</td> - <td class="pagno"><a href="#Page_43">43</a></td> -</tr> - -<tr> - <td class="year">1678-81.</td> - <td class="chap">The Popish Terror</td> - <td class="ref">Burnet's "Own Times"</td> - <td class="pagno"><a href="#Page_47">47</a></td> -</tr> - -<tr> - <td class="year">1680.</td> - <td class="chap">Stafford's Trial</td> - <td class="ref">Evelyn's "Diary"</td> - <td class="pagno"><a href="#Page_56">56</a></td> -</tr> - -<tr> - <td class="year">1681.</td> - <td class="chap">Character of Shaftesbury</td> - <td class="ref">Dryden's "Absalom and Achitophel"</td> - <td class="pagno"><a href="#Page_61">61</a></td> -</tr> - -<tr> - <td colspan="2" class="chap">Judge Jeffreys—a Character Sketch</td> - <td class="ref">"Lives of the Norths"</td> - <td class="pagno"><a href="#Page_63">63</a></td> -</tr> - -<tr> - <td class="year">1688.</td> - <td class="chap">Trial of the Seven Bishops</td> - <td class="ref">Kennet's "Complete History"</td> - <td class="pagno"><a href="#Page_66">66</a></td> -</tr> - -<tr> - <td class="year">1688.</td> - <td class="chap">The Invitation to the Prince of Orange</td> - <td class="ref">British Museum MS.</td> - <td class="pagno"><a href="#Page_71">71</a></td> -</tr> - -<tr> - <td class="year">1688.</td> - <td class="chap">The Coming of the Prince of Orange</td> - <td class="ref">Burnet's "Own Times"</td> - <td class="pagno"><a href="#Page_75">75</a></td> -</tr> - -<tr> - <td class="year">1689.</td> - <td class="chap">The Bill of Rights</td> - <td class="ref">Statutes of the Realm</td> - <td class="pagno"><a href="#Page_83">83</a></td> -</tr> - -<tr> - <td class="year">1691.</td> - <td class="chap">Correspondence relating to Non-Jurors</td> - <td class="ref">"Letters of Bonwicke and Blechynden"</td> - <td class="pagno"><a href="#Page_90">90</a></td> -</tr> - -<tr> - <td class="year">1692.</td> - <td class="chap">Pacification of the Highlands</td> - <td class="ref">Domestic State Papers</td> - <td class="pagno"><a href="#Page_93">93</a></td> -</tr> - -<tr> - <td class="year">1696.</td> - <td class="chap">The Treasons Act</td> - <td class="ref">Statutes of the Realm</td> - <td class="pagno"><a href="#Page_95">95</a></td> -</tr> - -<tr> - <td class="year">1699.</td> - <td class="chap">The Colonial Post</td> - <td class="ref">Treasury Papers</td> - <td class="pagno"><a href="#Page_97">97</a></td> -</tr> - -<tr> - <td class="year">1701.</td> - <td class="chap">Act of Settlement</td> - <td class="ref">Statutes of the Realm</td> - <td class="pagno"><a href="#Page_99">99</a></td> -</tr> - -<tr> - <td class="year">1704.</td> - <td class="chap">Marlborough on Blenheim</td> - <td class="ref">"Marlborough's Letters"</td> - <td class="pagno"><a href="#Page_100">100</a></td> -</tr> - -<tr> - <td class="year">1707.</td> - <td class="chap">Act of Union of England and Scotland</td> - <td class="ref">Statutes of the Realm</td> - <td class="pagno"><a href="#Page_102">102</a></td> -</tr> - -<tr> - <td class="year">1710.</td> - <td class="chap">Impeachment of Dr. Sacheverell</td> - <td class="ref">Parliamentary History</td> - <td class="pagno"><a href="#Page_105">105</a></td> -</tr> - -<tr> - <td class="year">1712.</td> - <td class="chap">Marlborough's Reply to Peculation Charge</td> - <td class="ref">"Acton Library Pamphlets"</td> - <td class="pagno"><a href="#Page_108">108</a></td> -</tr> - -<tr> - <td class="year">1712.</td> - <td class="chap">Tories and the War</td> - <td class="ref">Swift's "Conduct of the Allies"</td> - <td class="pagno"><a href="#Page_112">112</a></td> -</tr> - -<tr> - <td colspan="2" class="chap">The Vicar of Bray</td> - <td class="ref">Old Song</td> - <td class="pagno"><a href="#Page_119">119</a></td> -</tr> - -</table> - -<hr /> - -<div class="pagenum"><a name="Page_1" id="Page_1">{1}</a></div> - -<p class="large center">A CONSTITUTION IN MAKING<br /> - <span class="small">(1485-1547)</span></p> - -<h2>DECLARATION OF BREDA (1660).</h2> - -<p class="center small"><b>Source.</b>—<i>Parliamentary History.</i> -London, 1810. Vol. iv., pp. 16-18.</p> - -<p class="indb smcap">Charles R.</p> - -<p>Charles, by the grace of God, King of England, Scotland, -France and Ireland, Defender of the Faith, etc. To all our -loving subjects, of what degree or quality soever, greeting.</p> - -<p>If the general distraction and confusion which is spread -over the whole kingdom doth not awaken all men to a desire -and longing that those wounds which have so many years -together been kept bleeding, may be bound up, all we can say -will be to no purpose; however, after this long silence, we -have thought it our duty to declare how much we desire to -contribute thereunto; and that as we can never give over -the hope, in good time, to obtain the possession of that right -which God and nature hath made our due, so we do make -it our daily suit to the Divine Providence, that He will, in -compassion to us and our subjects after so long misery and -sufferings, remit and put us into a quiet and peaceable possession -of that our right, with as little blood and damage to -our people as is possible; nor do we desire more to enjoy -what is ours, than that all our subjects may enjoy what by -law is theirs, by a full and entire administration of justice -throughout the land, and by extending our mercy where it -is wanted and deserved.</p> - -<p>And to the end that the fear of punishment may not -<span class="pagenum"><a name="Page_2" id="Page_2">{2}</a></span> -engage any, conscious to themselves of what is past, to a -perseverance in guilt for the future, by opposing the quiet -and happiness of their country, in the restoration of King, -Peers and people to their just, ancient and fundamental -rights, we do, by these presents, declare, that we do grant -a free and general pardon, which we are ready, upon demand, -to pass under our Great Seal of England, to all our subjects, -of what degree or quality soever, who, within forty days after -the publishing hereof, shall lay hold upon this our grace and -favour, and shall, by any public act, declare their doing so, -and that they return to the loyalty and obedience of good -subjects; excepting only such persons as shall hereafter be -excepted by Parliament, those only to be excepted. Let all -our subjects, how faulty soever, rely upon the word of a -King, solemnly given by this present declaration, that no -crime whatsoever, committed against us or our royal father -before the publication of this, shall ever rise in judgment, or -be brought in question, against any of them, to the least -endamagement of them, either in their lives, liberties or -estates, or (as far forth as lies in our power) so much as to -the prejudice of their reputations, by any reproach or term -of distinction from the rest of our best subjects; we desiring -and ordaining that henceforth all notes of discord, separation -and difference of parties be utterly abolished among all our -subjects, whom we invite and conjure to a perfect union -among themselves, under our protection, for the re-settlement -of our just rights and theirs in a free Parliament, by which, -upon the word of a King, we will be advised.</p> - -<p>And because the passion and uncharitableness of the times -have produced several opinions in religion, by which men are -engaged in parties and animosities against each other (which, -when they shall hereafter unite in a freedom of conversation, -will be composed or better understood), we do declare a -liberty to tender consciences, and that no man shall be disquieted -or called in question for differences of opinion in -matter of religion, which do not disturb the peace of the -kingdom; and that we shall be ready to consent to such an -<span class="pagenum"><a name="Page_3" id="Page_3">{3}</a></span> -Act of Parliament, as, upon mature deliberation, shall be -offered to us, for the full granting that indulgence.</p> - -<p>And because in the continued distractions of so many years, -and so many and great revolutions, many grants and purchases -of estates have been made to and by many officers, -soldiers and others, who are now possessed of the same, and -who may be liable to actions at law upon several titles, we -are likewise willing that all such differences, and all things -relating to such grants, sales and purchases, shall be determined -in Parliament, which can best provide for the satisfaction -of all men who are concerned.</p> - -<p>And we do further declare, that we will be ready to consent -to any Act or Acts of Parliament to the purposes aforesaid, -and for the full satisfaction of all arrears due to the officers -and soldiers in the army under the command of General -Monk; and that they shall be received into our service upon -as good pay and conditions as they now enjoy.</p> - -<p class="inda">Given under our Sign Manual and Privy Signet, - at our Court at Breda, this <sup>4</sup>⁄<sub>14</sub> day of April, - 1660, in the twelfth year of our reign.</p> - -<h2>THE RESTORATION (1660).</h2> - -<p class="center small"><b>Source.</b>—Clarendon's <i>History of the Great Rebellion</i>. -Folio Edition, 1759. Vol. iv., pp. 1-8.</p> - -<p>The easy and glorious Reception of the King, in the Manner -that hath been mentioned, without any other Conditions -than what had been frankly offered by himself in his Declaration -and letters from <i>Breda</i>; the Parliament's casting themselves -in a Body at his Feet, in the Minute of his Arrival at -<i>Whitehall</i>, with all the Professions of Duty and Submission -imaginable; and no other Man having Authority there, but -They who had either eminently served the late King, or who -were since grown up out of their Nonage from such Fathers, -and had throughly manifested their past Fidelity to his -present Majesty; the rest who had been enough criminal, -shewing more Animosity towards the severe Punishment of -<span class="pagenum"><a name="Page_4" id="Page_4">{4}</a></span> -those, who having more Power in the late Times had exceeded -them in Mischief, than care for their own Indemnity: This -Temper sufficiently evident, and the universal Joy of the -People, which was equally visible, for the total Suppression -of all those who had so many Years exercised Tyranny over -them, made most Men believe both abroad and at home, -that God had not only restored the King miraculously to his -Throne, but that He had, as He did in the Time of <i>Hezekiah, -prepared the People, for the Thing was done suddenly</i>, (2 Chron. -xxix. 36) in such a Manner that his Authority and Greatness -would have been more illustrious, than it had been in any of -his Ancestors. And it is most true, and must never be denied, -that the People were admirably disposed and prepared to pay -all the Subjection, Duty and Obedience, that a just and prudent -King could expect from them, and had a very sharp -Aversion and Detestation of all those who had formerly -misled and corrupted them; so that, except the General, -who seemed to be possessed entirely of the Affection of the -Army, and whose Fidelity was now above any Misapprehension, -there appeared no Man whose Power and Interest could -in any Degree shake or endanger the Peace and Security the -King was in; the Congratulations for his Return being so -universal, from all the Counties of <i>England</i>, as well as from -the Parliament and City; from all those who had most signally -disserved and disclaimed him, as well as from those of his -own Party and those who were descended from them: Insomuch -as the King was wont merrily to say, as hath been -mentioned before, "that it could be no Bodies Fault but his -own that He had stayed so long abroad, when all Mankind -wished him so heartily at home." It cannot therefore but -be concluded by the Standers by, and the Spectators of this -wonderful Change and Exclamation of all Degrees of Men, -that there must be some wonderful Miscarriages in the State, -or some unheard of Defect of Understanding in those who -were trusted by the King in the Administration of his Affairs; -that there could in so short a Time be a new Revolution in -the general Affections of the People, that they grew even -<span class="pagenum"><a name="Page_5" id="Page_5">{5}</a></span> -weary of that Happiness They were possessed of and had so -much valued, and fell into the same Discontents and Murmuring -which had naturally accompanied them in the worst Times.</p> - -<p class="center gap-between">*****</p> - -<p>The King brought with him from beyond the Seas that -Council which had always attended him, and whose Advice -He had always received in his Transactions of greatest Importance; -and his small Family, that consisted of Gentlemen -who had for the most Part been put about him by his Father, -and constantly waited upon his Person in all his Distress, -with as much Submission and Patience undergoing their -Part in it, as could reasonably be expected from such a -People; and therefore had the keener Appetites, and the -stronger Presumption to push on their Fortunes (as They -called it) in the Infancy of their Master's Restoration, that -other Men might not be preferred before them, who had not -<i>borne the Heat of the Day</i>, as They had done.</p> - -<p>Of the Council were the Chancellor, the Marquis of <i>Ormond</i>, -the Lord <i>Colepepper</i>, and Secretary <i>Nicholas</i>, who lived in -great Unity and Concurrence in the Communication of the -most secret Counsels. There had been more of his Council -abroad with him, who, according to the Motions He made -and the Places He had resided in, were some Times with him, -but other remained in <i>France</i>, or in some Parts of <i>Holland</i> -and <i>Flanders</i>, for their Convenience, ready to repair to his -Majesty when They should be called. The four nominated -above were They who constantly attended, were privy to all -Counsels, and waited upon him in his Return.</p> - -<p>The Chancellor was the highest in Place, and thought to be -so in Trust, because He was most in private with the King, -had managed most of the secret Correspondence in England -and all Dispatches of Importance had passed through his -Hands; which had hitherto been with the less Envy, because -the indefatigable Pains he took were very visible, and it was -as visible that He gained Nothing by it. His Wants and -Necessities were as great as any Man's, nor was the Allowance -assigned to him by the King in the least Degree more, or -<span class="pagenum"><a name="Page_6" id="Page_6">{6}</a></span> -better paid, than every one of the Council received. Besides -the Friendship was so entire between the Marquis of <i>Ormonde</i> -and him, that no Arts that were used could dissolve it; and -it was enough known, that as He had an entire and full -Confidence from the King and a greater Esteem than any -Man, so that the Chancellor so entirely communicated all -Particulars with him, and there was not the least Resolution -taken without his Privity and Approbation. The Chancellor -had been employed by the last King in all the Affairs of the -greatest Trust and Secrecy; had been made Privy Counsellor -and Chancellor of the Exchequer in the very Beginning of -the Troubles; and had been sent by that King into the <i>West</i> -with his Son, when He thought their Interest would be best -preserved and provided for by separating their Persons. A -greater Testimony and Recommendation a Servant could not -receive from his Master, than the King gave of him to the -Prince, who from that Time treated him with as much Affection -and Confidence as any Man, and which (notwithstanding -very powerful Opposition) He continued and improved to -this Time of his Restoration; and even then rejected some -Intimations rather than Propositions which were secretly -made to him at the <i>Hague</i>, that the Chancellor was a Man -very much in the Prejudice of the Presbyterian Party, as in -Truth He was, and therefore that his Majesty would do best -to leave him behind, till He should be himself settled in -<i>England</i>: Which the King received with that Indignation -and Disdain, and answered the Person, who privately presumed -to give the Advice, in such a manner, that He was -troubled no more with the Importunity, nor did any Man -ever own the Advice.</p> - -<p class="center gap-between">*****</p> - -<p>The first Mortification the King met with was as soon as -He arrived at <i>Canterbury</i>, which was within three Hours after -He landed at <i>Dover</i>; and where He found many of those -who were justly looked upon, from their own Sufferings or -those of their Fathers, and their constant adhering to the same -Principles, as of the King's Party, who with Joy waited to -<span class="pagenum"><a name="Page_7" id="Page_7">{7}</a></span> -kiss His Hand, and were received by him with those open -Arms and flowing Expressions of Grace, calling all those by -their Names who were known to him, that They easily assured -themselves of the Accomplishment of all their Desires from -such a Generous Prince. And some of them, that They -might not lose the first Opportunity, forced him to give them -present Audience, in which They reckoned up the insupportable -Losses undergone by themselves or their Fathers, -and some services of their own; and thereupon demanded -the present Grant or Promise of such or such an Office. -Some, for the real small Value of one though of the first <i>Classis</i> -pressed for two or three with such Confidence and Importunity, -and with such tedious Discourses, that the King was extremely -nauseated with their Suits, though his Modesty knew not -how to break from them; that He no sooner got into his -Chamber, which for some Hours He was not able to do, than -He lamented the Condition to which He found He must be -subject: And did in Truth from that Minute contract such a -prejudice against the Persons of some of those, though of the -greatest Quality, for the Indecency and Incongruity of their -Pretences, that He never afterwards received their Addresses -with his usual Grace or Patience, and rarely granted any -Thing They desired, though the Matter was more reasonable, -and the Manner of asking much more modest.</p> - -<p>But there was another Mortification which immediately -succeeded this, that gave him much more Trouble, and in -which He knew not how to comport himself. The General, -after He had given all necessary Orders to his Troops, and sent -a short Dispatch to the Parliament of the King's being come -to <i>Canterbury</i>, and of his Purpose to stay there two Days till -the next <i>Sunday</i> was past, He came to the King in his Chamber, -and in a short, secret Audience, and without any Preamble -or Apology, as He was not a Man of a graceful Elocution, He -told him "that He could not do him better Service, than by -recommending to him such Persons, who were most grateful -to the People, and in Respect of their Parts and Interests were -best able to serve him." And thereupon gave him a large -<span class="pagenum"><a name="Page_8" id="Page_8">{8}</a></span> -Paper full of Names, which the King in Disorder enough -received, and without reading put it into his Pocket that He -might not enter into any particular Debate upon the Persons, -and told him "that He would be always ready to receive his -Advice, and willing to gratify him in any Thing he should -desire, and which would not be prejudicial to his Service." -The King, as soon as He could, took an Opportunity, when -there remained no more in his Chamber, to inform the Chancellor -of the first Assaults He had encountered as soon as He -alighted out of his Coach, and afterwards of what the General -had said to him; and thereupon took the Paper out of his -Pocket and read it. It contained the Names of at least -threescore and ten Persons, who were thought fittest to be -made Privy Counsellors; in the whole Number whereof, -there were only two, who had ever served the King or been -looked upon as zealously affected to his Service, the Marquis -of <i>Hertford</i>, and the Earl of <i>Southampton</i>, who were both of -so universal Reputation and Interest, and so well known to -have the very particular Esteem of the King, that They -needed no such Recommendation.</p> - -<p>All the rest were either those Counsellors who had served -the King, and deserted him by adhering to the Parliament, or -of those who had most eminently disserved him in the Beginning -of the Rebellion, and in the carrying it on with all Fierceness -and Animosity until the new Model, and dismissing the -Earl of <i>Essex</i>: Then indeed <i>Cromwell</i> had grown terrible to -them, and disposed them to wish the King were again possessed -of his regal Power, and which They did but wish. There were -then the Names of the principal Persons of the Presbyterian -Party, to which the General was thought to be most inclined, -at least to satisfy the foolish and unruly Inclinations of his -Wife. There were likewise the Names of some who were -most notorious in all the other Factions; and of some who in -Respect of their mean Qualities and meaner Qualifications, no -body could imagine how They could come to be named, except -that, by the very odd Mixture, any sober and wise Resolutions -and Concurrence might be prevented.</p> - -<p><span class="pagenum"><a name="Page_9" id="Page_9">{9}</a></span> -The King was in more than ordinary Confusion with the -reading this Paper, and knew not well what to think of the -General, in whose absolute Power He now was. However He -resolved in the Entrance upon his Government not to consent -to such Impositions, which might prove perpetual Fetters -and Chains upon him ever after. He gave the Paper therefore -to the Chancellor, and bade him "take the first Opportunity -to discourse the Matter with the General" (whom He had -not yet saluted) "or rather with Mr <i>Morrice</i> his most intimate -Friend," whom He had newly presented to the King, and -"with Both whom He presumed He would shortly be acquainted," -though for the present both were equally unknown -to him. Shortly after, when mutual visits had passed between -them, and such Professions as naturally are made between -Persons who were like to have much to do with each other; -and Mr <i>Morrice</i> being in private with him, the Chancellor -told him "how much the King was surprised with the Paper -He had received from the General, which at least recommended -(and which would have always great Authority with -him) some such Persons to his Trust, in whom He could not -yet, till They were better known to him, repose any Confidence." -And thereupon He read many of their Names, and -said, "that if such Men were made Privy Counsellors, it would -either be imputed to the King's own Election, which would -cause a very ill Measure to be taken of his Majesty's Nature -and Judgement; or (which more probably would be the -Case) to the Inclination and Power of the General, which -would be attended with as ill Effects." Mr <i>Morrice</i> seemed -much troubled at the Apprehension, and said, "the Paper -was of his Handwriting, by the General's Order, who He was -assured had no such Intention; but that He would presently -speak with him and return," which He did within less than -an Hour, and expressed "the Trouble the General was in -upon the King's very just Exception; and that the Truth -was, <i>He had been obliged to have much Communication with -Men of all Humours and Inclinations, and so had promised to -do them good Offices to the King, and could not therefore avoid</i> -<span class="pagenum"><a name="Page_10" id="Page_10">{10}</a></span> -<i>inserting their Names in that Paper, without any Imaginations -that the King would accept them: That he had done his Part, -and all that could be expected from him, and left the King to do -what He had thought best for his own Service, which He would -always desire him to do, whatever Proposition he should at any -Time presume to make to his Majesty, which He would not -promise should be always reasonable. However, He did still -heartily wish that his Majesty would make use of some of those -Persons</i>," whom He named, and said, "<i>He knew most of -them were not his Friends, and that his Service would be more -advanced by admitting them, than by leaving them out.</i>"</p> - -<p>The King was abundantly pleased with this good Temper -of the General, and less disliked those, who He discerned -would be grateful to him, than any of the rest: And so the next -Day, He made the General Knight of the <i>Garter</i>, and admitted -him of the Council; and likewise at the same Time gave -the Signet to Mr <i>Morrice</i>, who was sworn of the Council and -Secretary of State; and Sir <i>Antony Ashley Cooper</i> who had -been presented by the General under a special Recommendation, -was then too sworn of the Council, and the rather, because -having lately married the Niece of the Earl of <i>Southampton</i> -(who was then likewise present, and received the <i>Garter</i> to -which He had been elected some Years before) it was believed -that his slippery Humour would be easily restrained and -fixed by the Uncle. All this was transacted during his -Majesty's Stay at <i>Canterbury</i>.</p> - -<p>Upon the 29th of <i>May</i>, which was his Majesty's Birth-Day, -and now the Day of his Restoration and Triumph, He entered -<i>London</i> the Highway from <i>Rochester</i> to <i>Blackheath</i>, being on -both Sides so full of Acclamations of Joy, and crowded with -such a Multitude of People that it seemed one continued -Street wonderfully inhabited. Upon <i>Blackheath</i> the Army -was drawn up, consisting of above fifty thousand Men, Horse -and Foot, in excellent Order and Equipage, where the General -presented the chief Officers to kiss the King's Hands, which -Grace They seemed to receive with all Humility and Chearfulness. -Shortly after, the Lord Mayor of <i>London</i>, the -<span class="pagenum"><a name="Page_11" id="Page_11">{11}</a></span> -Sheriffs, and Body of the Aldermen, with the whole Militia -of the City, appeared with great Lustre; whom the King -received with a most graceful and obliging Countenance, -and knighted the Mayor and all the Aldermen, and Sheriffs, -and the principal Officers of the Militia: an Honour the City -had been without near eighteen years, and therefore abundantly -welcome to the Husbands and their Wives. With this -Equipage the King was attended through the City of <i>London</i>, -where the Streets were railed in on Both Sides that the Livery -of the Companies of the City might appear with the more -Order and Decency, till he came to <i>Whitehall</i>; the Windows -all the way being full of Ladies and Persons of Quality, who -were impatient to fill their Eyes with a beloved Spectacle of -which They had been so long deprived. The King was no -sooner at <i>Whitehall</i>, but (as hath been said) the Speakers, -and Both Houses of Parliament, presented themselves with -all possible Professions of Duty and Obedience at his Royal -Feet, and were even ravished with the cheerful Reception -They had from him. The Joy was universal; and whosoever -was not pleased at Heart, took the more Care to appear as -if He was; and no Voice was heard but of the highest Congratulation, -of extolling the Person of the King, admiring -his Condescentions and Affability, raising his Praises to -Heaven, and cursing and detesting the Memory of those -villains who had so long excluded so meritorious a Prince, -and thereby withheld that Happiness from them, which they -should enjoy in the largest Measure they could desire or wish.</p> - -<h2>THE ACT OF UNIFORMITY (1662).</h2> - -<p class="center small"><b>Source.</b>—<i>Statutes of the Realm.</i> Vol. v., pp. 364-370.</p> - -<p>Whereas in the first year of the late Queen Elizabeth there -was one uniform order of common service and prayer and of -the administration of sacraments, rites, and ceremonies in -the Church of England ... compiled by the reverend bishops -and clergy, intituled, The Book of Common Prayer ... and -enjoined to be used by Act of Parliament ... and yet ... a -<span class="pagenum"><a name="Page_12" id="Page_12">{12}</a></span> -great number of people in divers parts of this realm ... do -wilfully and schismatically ... refuse to come to their parish -churches ... upon the Sundays and other days ... appointed -to be kept as holy days; And whereas by the great and -scandalous neglect of ministers in using the said order or -liturgy ..., great mischiefs and inconveniences, during the -times of the late unhappy troubles, have arisen ... and many -people have been led into factions and schisms, to the great -decay and scandal of the reformed religion of the Church of -England, and to the hazard of many souls:—For the prevention -of which ... in time to come, for settling the peace of the -Church and for allaying the present distempers which the -indisposition of the time hath contracted, the King's Majesty -... granted his commission under the Great Seal of England -to several bishops and other divines to review the Book of -Common Prayer and to prepare such alterations and additions -as they thought fit to offer. And afterwards the convocations, -... being by his Majesty ... assembled, his Majesty hath been -pleased to authorize and require the presidents of the said -convocations ... to review the said Book of Common Prayer, -and the book of the form and manner of the making and -consecrating of bishops, priests, and deacons; And that ... -they should make such additions and alterations in the said -books ... as to them should seem meet and convenient.</p> - -<p>[Which things being done] his Majesty ... hath fully -approved and allowed the same, and recommended to this -present Parliament, That the said Books of Common Prayer -and of the form of ordination and consecration of bishops, -priests, and deacons, with the alterations ... made, ... be -the book which shall be appointed to be used by all that -officiate in all cathedral and collegiate churches and chapels, -and in all chapels of colleges and halls in both the universities, -and the colleges of Eton and Winchester, and in all parish -churches and chapels within the kingdom of England, dominion -of Wales, and town of Berwick upon Tweed, and by -all that make or consecrate bishops, priests, or deacons.</p> - -<p>Be it enacted by the King's most excellent Majesty, by the -<span class="pagenum"><a name="Page_13" id="Page_13">{13}</a></span> -advice and with the consent of the Lords spiritual and temporal, -and of the Commons, in this present parliament assembled -... that all and singular ministers in any cathedral, -collegiate or parish church or chapel, or other place of public -worship within this realm of England, dominion of Wales, -and town of Berwick upon Tweed, shall be bound to say and -use ... the Book of Common Prayer.</p> - -<p>That every parson, vicar, or other minister whatsoever, -who now ... enjoyeth any ecclesiastical benefice or promotion -within the ... places aforesaid, shall, in the church, chapel, -or place of public worship belonging to his said benefit or -promotion, upon some Lord's day before the feast of St. -Bartholomew ... in the year ... one thousand six hundred -and sixty and two, openly, publicly, and solemnly read the -Morning and Evening Prayer ... according to the said Book -of Common Prayer ... and after such reading ... shall openly -and publicly, before the congregation there assembled, declare -his unfeigned assent and consent to the use of all things in -the said book ... in these words, and no other:—</p> - -<p class="block">"I [name] do hereby declare my unfeigned assent and consent to all and - every thing contained and prescribed in and by the book, intituled, The - Book of Common Prayer and administration of the sacraments, and other - rites and ceremonies of the Church of England, together with the - psalter or psalms of David, appointed as they are to be sung or said in - churches; and the form or manner of making, ordaining, and consecrating - of bishops, priests and deacons."</p> - -<p>And that all ... who shall ... neglect or refuse to do the -same ... shall <i>ipso facto</i> be deprived of all his spiritual promotions.</p> - -<p>And that ... every dean, canon, and prebendary of every -cathedral or collegiate church, and all masters and other -heads, fellows, chaplains, and tutors of or in any college, hall, -house of learning or hospital, and every public professor and -reader in either of the universities, and in every college elsewhere, -and every parson, vicar, curate, lecturer, and every -<span class="pagenum"><a name="Page_14" id="Page_14">{14}</a></span> -other person in holy orders, and every schoolmaster keeping -any public or private school, and every person instructing -or teaching any youth in any house or private family as a -tutor or schoolmaster ... shall, before the feast of St. Bartholomew -[1662] subscribe to the declaration following....</p> - - <p class="block">"I [name] do declare that it is not lawful upon any pretence whatsoever - to take up arms against the king, and that I do abhor that traitorous - position of taking arms by his authority against his person; and that I - will conform to the liturgy of the Church of England, as it is now by - law established. And I do declare that I do hold there lies no - obligation, upon me or on any other person, from the oath commonly - called The solemn league and covenant, to endeavour any ... alteration - of government either in church or state, and that the same was in - itself an unlawful oath, and imposed upon the subjects of this realm - against the known laws and liberties of this kingdom."</p> - -<h2>THE PLAGUE IN LONDON (1665).</h2> - -<p class="center small">By <span class="smcap">Daniel De Foe</span>.</p> - -<p class="center small"><b>Source.</b>—Bohn Edition, pp. 14-16, 44-48.</p> - -<p>The city itself began now to be visited too, I mean within -the walls; but the number of people there were indeed -extremely lessened, by so great a multitude having been gone -into the country; and even all this month of July, they -continued to flee, though not in such multitudes as formerly. -In August, indeed, they fled in such a manner, that I began -to think there would be really none but magistrates and servants -left in the city.</p> - -<p>As they fled now out of the city, so I should observe, that -the court removed early, viz., in the month of June, and went -to Oxford, where it pleased God to preserve them; and the -distemper did not, as I heard of, as much as touch them; for -which I cannot say that I ever saw they showed any great -token of thankfulness, and hardly anything of reformation, -though they did not want being told that their crying vices -<span class="pagenum"><a name="Page_15" id="Page_15">{15}</a></span> -might, without breach of charity, be said to have gone far -in bringing that terrible judgment upon the whole nation.</p> - -<p>The face of London was now indeed strangely altered, I -mean the whole mass of buildings, city, liberties, suburbs, -Westminster, Southwark, and altogether; for, as to the particular -part called the city, or within the walls, that was not -yet much infected; but in the whole, the face of things, I -say, was much altered; sorrow and sadness sat upon every -face, and though some parts were not yet overwhelmed, yet -all looked deeply concerned; and as we saw it apparently -coming on, so every one looked on himself, and his family, -as in the utmost danger: were it possible to represent those -times exactly, to those that did not see them, and give the -reader due ideas of the horror that everywhere presented -itself, it must make just impressions upon their minds, and -fill them with surprise. London might well be said to be all -in tears; the mourners did not go about the streets indeed, -for nobody put on black, or made a formal dress of mourning -for their nearest friends; but the voice of mourning was -truly heard in the streets; the shrieks of women and children -at the windows and doors of their houses, where their nearest -relations were, perhaps dying, or just dead, were so frequent -to be heard, as we passed the streets, that it was enough to -pierce the stoutest heart in the world to hear them. Tears -and lamentations were seen almost in every house, especially -in the first part of the visitation; for towards the latter end, -men's hearts were hardened, and death was so always before -their eyes, that they did not so much concern themselves for -the loss of their friends, expecting that themselves should be -summoned the next hour.</p> - -<p>Business led me out sometimes to the other end of the -town, even when the sickness was chiefly there; and as the -thing was new to me, as well as to everybody else, it was a -most surprising thing to see those streets, which were usually -so thronged, now grown desolate, and so few people to be -seen in them, that if I had been a stranger, and at a loss for -my way, I might sometimes have gone the length of a whole -<span class="pagenum"><a name="Page_16" id="Page_16">{16}</a></span> -street, I mean of the by-streets, and see nobody to direct me, -except watchmen set at the doors of such houses as were shut -up; of which I shall speak presently.</p> - -<p>One day, being at that part of the town, on some special -business, curiosity led me to observe things more than -usually; and indeed I walked a great way where I had no -business; I went up Holborn, and there the street was full -of people; but they walked in the middle of the great street, -neither on one side or other, because, as I suppose, they would -not mingle with anybody that came out of houses, or meet -with smells and scents from houses that might be infected.</p> - -<p>The inns of court were all shut up, nor were very many -of the lawyers in the Temple, or Lincoln's-inn, or Gray's-inn, -to be seen there. Everybody was at peace, there was -no occasion for lawyers; besides, it being in the time of the -vacation too, they were generally gone into the country. -Whole rows of houses in some places were shut close up, the -inhabitants all fled, and only a watchman or two left.</p> - -<p>When I speak of rows of houses being shut up, I do not -mean shut up by the magistrates; but that great numbers of -persons followed the court, by the necessity of their employments, -and other dependencies; and as others retired, really -frighted with the distemper, it was a mere desolating of some -of the streets: but the fright was not yet near so great in -the city, abstractedly so called; and particularly because, -though they were at first in a most inexpressible consternation, -yet, as I have observed, that the distemper intermitted -often at first, so they were as it were alarmed, and unalarmed -again, and this several times, till it began to be familiar to -them; and that even when it appeared violent, yet seeing it -did not presently spread into the city, or the east or south -parts, the people began to take courage, and to be, as I may -say, a little hardened. It is true, a vast many people fled, -as I have observed, yet they were chiefly from the west end -of the town, and from that we call the heart of the city, that -is to say, among the wealthiest of the people; and such -persons as were unincumbered with trades and business. But -<span class="pagenum"><a name="Page_17" id="Page_17">{17}</a></span> -of the rest, the generality stayed, and seemed to abide the -worst; so that in the place we call the liberties, and in the -suburbs, in Southwark, and in the east part, such as -Wapping, Ratcliff, Stepney, Rotherhithe, and the like, -the people generally stayed, except here and there a few -wealthy families, who, as above, did not depend upon -their business.</p> - -<p>It must not be forgot here, that the city and suburbs were -prodigiously full of people at the time of this visitation, I -mean at the time that it began; for though I have lived to -see a farther increase, and mighty throngs of people settling -in London, more than ever; yet we had always a notion that -numbers of people, which, the wars being over, the armies -disbanded, and the royal family and the monarchy being -restored, had flocked to London to settle in business, or to -depend upon, and attend the court for rewards of services, -preferments, and the like, was such that the town was computed -to have in it above a hundred thousand people more -than ever it held before; nay, some took upon them to say, -it had twice as many, because all the ruined families of the -royal party flocked hither; all the soldiers set up trades here -and abundance of families settled here; again, the court -brought with it a great flux of pride and new fashions; all -people were gay and luxurious, and the joy of the restoration -had brought a vast many families to London.</p> - -<p>I went all the first part of the time freely about the streets, -though not so freely as to run myself into apparent danger, -except when they dug the great pit in the churchyard of -our parish of Aldgate. A terrible pit it was, and I could -not resist my curiosity to go and see it; as near as I may -judge, it was about forty feet in length, and about fifteen -or sixteen feet broad; and, at the time I first looked at it, -about nine feet deep; but it was said, they dug it near twenty -feet deep afterwards, in one part of it, till they could go no -deeper for the water; for they had, it seems, dug several -large pits before this; for, though the plague was long a -coming to our parish, yet, when it did come, there was no -<span class="pagenum"><a name="Page_18" id="Page_18">{18}</a></span> -parish in or about London where it raged with such violence -as in the two parishes of Aldgate and Whitechapel.</p> - -<p>I say they had dug several pits in another ground when -the distemper began to spread in our parish, and especially -when the dead-carts began to go about, which was not in our -parish till the beginning of August. Into these pits they had -put perhaps fifty or sixty bodies each, then they made larger -holes, wherein they buried all that the cart brought in a week, -which, by the middle to the end of August, came to from -two hundred to four hundred a week; and they could not -well dig them larger, because of the order of the magistrates, -confining them to leave no bodies within six feet of the -surface; and the water coming on at about seventeen or -eighteen feet, they could not well, I say, put more in one -pit; but now, at the beginning of September, the plague -raging in a dreadful manner, and the number of burials in -our parish increasing to more than was ever buried in any -parish about London, of no larger extent, they ordered -this dreadful gulf to be dug, for such it was rather than a -pit.</p> - -<p>They had supposed this pit would have supplied them for -a month or more, when they dug it, and some blamed the -churchwardens for suffering such a frightful thing, telling -them they were making preparations to bury the whole -parish, and the like; but time made it appear the churchwardens -knew the condition of the parish better than they -did; for the pit being finished the 4th of September, I think -they began to bury in it the 6th, and by the 20th, which was -just two weeks, they had thrown into it 1,114 bodies, when -they were obliged to fill it up, the bodies being then come to -lie within six feet of the surface. I doubt not but there may -be some ancient persons alive in the parish, who can justify -the fact of this, and are able to show even in what place of -the churchyard the pit lay better than I can; the mark of it -also was many years to be seen in the churchyard on the -surface, lying in length, parallel with the passage which goes -by the west wall of the churchyard, out of Houndsditch, and -<span class="pagenum"><a name="Page_19" id="Page_19">{19}</a></span> -turns east again, into Whitechapel, coming out near the -Three-Nuns inn.</p> - -<p>It was about the 10th of September, that my curiosity led, -or rather drove me to go and see this pit again, when there -had been near four hundred people buried in it; and I was -not content to see it in the day time, as I had done before, -for then there would have been nothing to have been seen -but the loose earth; for all the bodies that were thrown in -were immediately covered with earth, by those they called -the buriers, which at other times were called bearers; but I -resolved to go in the night, and see some of them thrown in.</p> - -<p>There was a strict order to prevent people coming to those -pits, and that was only to prevent infection; but, after some -time, that order was more necessary, for people that were -infected, and near their end, and delirious also, would run to -those pits wrapt in blankets, or rugs, and throw themselves -in, and, as they said, bury themselves. I cannot say that -the officers suffered any willingly to lie there; but I have -heard, that in a great pit in Finsbury, in the parish of Cripplegate, -it lying open then to the fields, for it was not then -walled about, many came and threw themselves in, and -expired there, before they threw any earth upon them; and -that when they came to bury others, and found them there, -they were quite dead, though not cold.</p> - -<p>This may serve a little to describe the dreadful condition -of that day, though it is impossible to say anything that is -able to give a true idea of it to those who did not see it, -other than this; that it was indeed, very, very, very dreadful, -and such as no tongue can express.</p> - -<p>I got admittance into the churchyard by being acquainted -with the sexton who attended, who, though he did not refuse -me at all, yet earnestly persuaded me not to go: telling me -very seriously, for he was a good religious and sensible man, -that it was, indeed, their business and duty to venture, and -to run all hazards, and that in it they might hope to be preserved; -but that I had no apparent call to it but my own -curiosity, which, he said, he believed I would not pretend, -<span class="pagenum"><a name="Page_20" id="Page_20">{20}</a></span> -was sufficient to justify my running that hazard. I told him -I had been pressed in my mind to go, and that, perhaps, it -might be an instructing sight, that might not be without its -uses. Nay, says the good man, if you will venture upon -that score, Name of God, go in; for, depend upon it, it will -be a sermon to you, it may be, the best that ever you heard -in your life. It is a speaking sight, says he, and has a voice -with it, and a loud one, to call us all to repentance; and with -that he opened the door, and said, Go, if you will.</p> - -<p>His discourse had shocked my resolution a little, and I -stood wavering for a good while, but, just at that interval, I -saw two links come over from the end of the Minories, and -heard the bellman, and then appeared a dead-cart, as they -called it, coming over the streets; so I could no longer resist -my desire of seeing it, and went in. There was nobody as -I could perceive at first, in the churchyard, or going into it, -but the buriers, and the fellow that drove the cart, or rather -led the horse and cart, but when they came up to the pit, -they saw a man go to and again, muffled up in a brown -cloak, and making motions with his hands, under his cloak, -as if he was in great agony; and the buriers immediately -gathered about him, supposing he was one of those poor -delirious, or desperate creatures, that used to pretend, as I -have said, to bury themselves; he said nothing as he walked -about, but two or three times groaned very deeply, and loud, -and sighed as he would break his heart.</p> - -<p>When the buriers came up to him, they soon found he -was neither a person infected and desperate, as I have observed -above, or a person distempered in mind, but one -oppressed with a dreadful weight of grief indeed, having his -wife and several of his children, all in the cart, that was just -come in with him, and he followed in an agony and excess -of sorrow. He mourned heartily, as it was easy to see, but -with a kind of masculine grief, that could not give itself vent -by tears; and, calmly desiring the buriers to let him alone, -said he would only see the bodies thrown in, and go away, -so they left importuning him; but no sooner was the cart -<span class="pagenum"><a name="Page_21" id="Page_21">{21}</a></span> -turned round, and the bodies shot into the pit, promiscuously, -which was a surprise to him, for he at least expected they -would have been decently laid in, though indeed, he was -afterwards convinced that was impracticable; I say, no -sooner did he see the sight, but he cried out aloud, unable -to contain himself. I could not hear what he said, but he -went backwards two or three steps, and fell down in a swoon; -the buriers ran to him and took him up, and in a little while -he came to himself, and they led him away. He looked into -the pit again, as he went away, but the buriers had covered -the bodies so immediately with throwing in earth, that nothing -could be seen.</p> - -<p>This was a mournful scene indeed, and affected me almost -as much as the rest; but the other was awful, and full of -terror; the cart had in it sixteen or seventeen bodies, some -were wrapt up in linen sheets, some in rugs, some little other -than naked, or so loose, that what covering they had fell from -them, in the shooting out of the cart, and they fell quite -naked among the rest; but the matter was not much to -them, or the indecency much to anyone else, seeing they -were all dead, and were to be huddled together into the common -grave of mankind, as we may call it, for here was no -difference made, but poor and rich went together; there was -no other way of burials, neither was it possible there should -be, for coffins were not to be had for the prodigious numbers -that fell in such a calamity as this.</p> - -<p>It was reported, by way of scandal upon the buriers, that -if any corpse was delivered to them, decently wound up, as -we called it then, in a winding sheet tied over the head and -feet, which some did, and which was generally of good linen; -I say, it was reported, that the buriers were so wicked as to -strip them in the cart, and carry them quite naked to the -ground: but, as I cannot credit anything so vile among -Christians, and at a time so filled with terrors, as that was, -I can only relate it, and leave it undetermined.</p> - -<div class="pagenum"><a name="Page_22" id="Page_22">{22}</a></div> - -<h2>THE GREAT FIRE OF LONDON (1666).</h2> - -<p class="center small"><b>Source.</b>—<i>Pepys's Diary</i> (Wheatley's edition, 5s.). Vol. v., -pp. 392-403.</p> - -<p><i>September 2, 1666.</i>—Some of our mayds sitting up late last -night to get things ready against our feast to-day, Jane called -us up about three in the morning, to tell us of a great fire they -saw in the City. So I rose and slipped on my night-gowne, -and went to her window, and thought it to be on the backside -of Marke-lane at the farthest; but, being unused to such -fires as followed, I thought it to be far enough off; and so -went to bed again and to sleep. About seven rose again to -dress myself, and there looked out at the window, and saw -the fire not so much as it was and further off. So to my -closett to set things to rights after yesterday's cleaning. By -and by Jane comes and tells me that she hears that above -300 houses have been burned down to-night by the fire we -saw, and that it is now burning down all Fish-street by -London Bridge. So I made myself ready presently, and -walked to the Tower ...; and there I did see the houses at -that end of the bridge all on fire, and an infinite great fire -on this and the other side the end of the bridge; which, -among other people, did trouble me for poor little Michell -and our Sarah on the bridge. So down, with my heart full -of trouble, to the Lieutenant of the Tower, who tells me it -begun this morning in the King's baker's house in Pudding -Lane, and that it hath burned St. Magnus's Church and most -part of Fish-street already. So I down to the water-side, -and there got a boat and through bridge, and there saw a -lamentable fire. Poor Michell's house, as far as the Old -Swan, already burned that way, and the fire running further, -that in a very little time it got as far as the Steele-yard, while -I was there. Everybody endeavouring to remove their goods, -and flinging into the river or bringing them into lighters that -lay off; poor people staying in their houses as long as till -the very fire touched them, and then running into boats, or -clambering from one pair of stairs by the water-side to another. -<span class="pagenum"><a name="Page_23" id="Page_23">{23}</a></span> -And among other things, the poor pigeons, I perceive, were -loth to leave their houses, but hovered about the windows -and balconys till they burned their wings, and fell down.</p> - -<p>Having staid, and in an hour's time seen the fire rage every -way, and nobody, to my sight, endeavouring to quench it, -but to remove their goods, and leave all to the fire, and -having seen it get as far as the Steele-yard, and the wind -mighty high and driving it into the City; and everything, -after so long a drought, proving combustible, even the very -stones of the churches, and among other things, the poor -steeple by which pretty Mrs. —— lives, and whereof my old -schoolfellow Elborough is parson, taken fire in the very top, -and there burned till it fell down: to White Hall ... and -there up to the King's closett in the Chappell, where people -come about me, and I did give them an account dismayed -them all, and word was carried in to the King. So I was -called for, and did tell the King and the Duke of York what I -saw, and that unless his Majesty did command houses to be -pulled down nothing could stop the fire. They seemed much -troubled, and the King commanded me to go to my Lord -Mayor from him, and command him to spare no houses, but -to pull down before the fire every way. The Duke of York -bid me tell him that if he would have any more soldiers he -shall; and so did my Lord Arlington afterwards, as a great -secret. Here meeting with Captain Cocke, I in his coach, -which he lent me, and Creed with me to Paul's, and there -walked along Watling-street as well as I could, every creature -coming away loaden with goods to save, and here and there -sicke people carried away in beds. Extraordinary good goods -carried in carts or on backs. At last met my Lord Mayor in -Canning-street, like a man spent, with a handkercher about his -neck. To the King's message he cried, like a fainting woman, -"Lord, what can I do? I am spent: people will not obey me. -I have been pulling down houses; but the fire overtakes us -faster than we can do it." That he needed no more soldiers; -and that, for himself, he must go and refresh himself, having -been up all the night. So he left me, and I him, and walked -<span class="pagenum"><a name="Page_24" id="Page_24">{24}</a></span> -home, seeing people all almost distracted, and no manner -of means used to quench the fire. The houses, too, so very -thick thereabouts, and full of matter for burning, as pitch -and tar, in Thames-street; and warehouses of oyle, and -wines, and brandy, and other things. Here I saw Mr. Isaake -Houblon, the handsome man, prettily dressed and dirty, at -his door at Dow-gate, receiving some of his brother's things, -whose houses were on fire; and, as he says, have been removed -twice already; and he doubts (as it soon proved) that they -must be in a little time removed from his house also, which -was a sad consideration. And to see the churches all filling -with goods by people who themselves should have been -quietly there at this time. By this time it was about twelve -o'clock; and so home....</p> - -<p>While at dinner Mrs. Batelier come to enquire after Mr. -Woolfe and Stanes ... whose houses in Fish-street are all -burned, and they in a sad condition. She would not stay in -the fright. Soon as dined, I and Moone away, and walked -through the City, the streets full of nothing but people and -horses and carts loaden with goods, ready to run over one -another, and removing goods from one burned house to -another. They now removing out of Canning-street (which -received goods in the morning) into Lumbard-street, and -further; and among others I now saw my little goldsmith, -Stokes, receiving some friend's goods, whose house itself was -burned the day after.</p> - -<p>We parted at Paul's; he home, and I to Paul's Wharf, where -I had appointed a boat to attend me, and took in Mr. Carcasse -and his brother, whom I met in the streete, and carried them -below and above bridge to ... see the fire, which was now -got further, both below and above, and no likelihood of -stopping it. Met with the King and Duke of York in their -barge, and with them to Queenhithe, and there called Sir -Richard Browne to them. Their order was only to pull down -houses apace, and so below bridge at the water-side; but little -was or could be done, the fire coming upon them so fast. -Good hopes there were of stopping it at the Three Cranes -<span class="pagenum"><a name="Page_25" id="Page_25">{25}</a></span> -above, and at Buttolph's Wharf below bridge, if care be used; -but the wind carries it into the City, so as we know not by -the water-side what it do there. River full of lighters and -boats taking in goods, and good goods swimming in the -water, and only I observed that hardly one lighter or boat -in three that had the goods of a house in, but there was a -pair of Virginalls<span -class="fnanchor"><a name="Ref_1" id="Ref_1" href="#Foot_1">[1]</a></span> in it.</p> - -<p>Having seen as much as I could now, I away to White -Hall by appointment, and there walked to St. James's Parke, -and there met my wife and Creed and Wood and his wife -and walked to my boat; and there upon the water again, and -to the fire up and down, it still increasing, and the wind great. -So near the fire as we could for smoke; and all over the -Thames, with one's face in the wind, you were almost burned -with a shower of fire drops. This is very true; so as houses -were burned by these drops and flakes of fire, three or four, -nay, five or six houses, one from another. When we could -endure no more upon the water, we to a little ale-house on the -Bankside, over against the Three Cranes, and there staid till -it was dark almost, and saw the fire grow; and, as it grew -darker, appeared more and more, and in corners and upon -steeples, and between churches and houses, as far as we -could see up the hill of the City, in a most horrid malicious -bloody flame, not like the fine flame of an ordinary fire.... -We staid till, it being darkish, we saw the fire as only one -entire arch of fire from this to the other side the bridge, and -in a bow up the hill for an arch of above a mile long: it made -me weep to see it. The churches, houses, and all on fire and -flaming at once; and a horrid noise the flames made, and the -cracking of houses at their ruine. So home with a sad heart, -and there find every body discoursing and lamenting the fire; -and poor Tom Hater come with some few of his goods saved -out of his house, which is burned upon Fish-streete Hill. I -invited him to lie at my house, and did receive his goods, -but was deceived in his lying there; so as we were forced to -begin to pack up our owne goods, and prepare for their -<span class="pagenum"><a name="Page_26" id="Page_26">{26}</a></span> -removal; and did by moonshine (it being brave dry, and -moonshine, and warm weather) carry much of my goods -into the garden, and Mr. Hater and I did remove my money -and iron chests into my cellar, as thinking that the safest -place. And got ready my bags of gold into my office, ready -to carry away, and my chief papers of accounts also there, -and my tallys into a box by themselves. So great was our -fear, as Sir W. Batten hath carts come out of the country -to fetch away his goods this night. We did put Mr. Hater, -poor man, to bed a little; but he got but very little rest, so -much noise being in my house, taking down of goods.</p> - -<p><i>September 3.</i>—About four o'clock in the morning, my Lady -Batten sent me a cart to carry away all my money, and plate, -and best things, to Sir W. Rider's at Bednall Green. Which -I did, riding myself in my night-gowne in the cart; and, Lord! -to see how the streets and highways are crowded with people -running and riding, and getting of carts at any rate to fetch -away things. I find Sir W. Rider tired with being called -up all night, and receiving things from several friends. His -house full of goods, and much of Sir W. Batten's and Sir -W. Pen's. I am eased at my heart to have my treasure so -well secured. Then home, with much ado to find a way, nor -any sleep at all this night to me nor my poor wife. But -then and all this day she and I, and all my people labouring -to get away the rest of our things, and did get Mr. Tooker to -get me a lighter to take them in, and we did carry them -(myself some) over Tower Hill, which was by this time full -of people's goods, bringing their goods thither; and down to -the lighter, which lay at the next quay, above the Tower -Docke. And here was my neighbour's wife, Mrs. ——, with -her pretty child, and some few of her things, which I did -willingly give way to be saved with mine; but there was no -passing with anything through the postern, the crowd was so -great.</p> - -<p>The Duke of York come this day by the office, and spoke to -us, and did ride with his guard up and down the City to keep -all quiet (he being now Generall, and having the care of all).</p> - -<p><span class="pagenum"><a name="Page_27" id="Page_27">{27}</a></span> -<i>September 4.</i>— ... Now begins the practice of blowing up -of houses in Tower-streete, those next the Tower, which at -first did frighten people more than anything; but it stopped -the fire where it was done, it bringing down the houses to the -ground in the same places they stood, and then it was easy -to quench what little fire was in it, though it kindled nothing -almost. W. Hewer ... comes home late, telling us ... that -the fire is got so far that way (<i>i.e.</i> to Islington), and all the -Old Bayly, and was running down to Fleete-streete; and -Paul's is burned, and all Cheap-side. I wrote to my father this -night, but the post-house being burned, the letter could not go.</p> - -<p><i>September 6.</i>—Up at five o'clock, and there met Mr. Gawden -at the gate of the office (I intending to go out, as I used, -every now and then to-day, to see how the fire is) to call our -men to Bishop's-gate, where no fire had yet been near, and -there is now one broke out: which did give great grounds to -people, and to me, too, to think that there is some kind of -plot in this (on which many by this time have been taken, -and it hath been dangerous for any stranger to walk in the -streets), but I went with the men, and we did put it out in a -little time; so that that was well again.</p> - -<p><i>September 7.</i>—Up by five o'clock; and, blessed be God! -find all well; and by water to Paul's wharfe. Walked thence, -and saw all the towne burned, and a miserable sight of Paul's -Church, with all the roofs fallen, and the body of the quire -fallen into St. Fayth's; Paul's school also, Ludgate, and -Fleet-street, my father's house, and the church, and a good -part of the Temple the like.</p> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_1" id="Foot_1" href="#Ref_1">[1]</a> -Virginall: a musical instrument.</p> - -</div> - -<h2>THE TRIPLE ALLIANCE (1668).</h2> - -<p class="center small"><b>Source.</b>—<i>The Works of Sir William Temple: Letters.</i> -Vol. ii., p. 70.</p> - -<h3>I.</h3> - -<p>That if any Prince, State, or other Person whatever, without -Exception, shall under any Pretext, invade or attempt -to invade the Territories, Countries, or any Places that lie -<span class="pagenum"><a name="Page_28" id="Page_28">{28}</a></span> -within the Dominions of the said King of <i>Great Britain</i>, or -shall exercise any Acts of Hostility by Sea or by Land, -against the said King or His Subjects, the said <i>States General</i> -shall be obliged, as by Virtue of these Presents they are -obliged, to send forty Ships of War, well furnish'd with all -things necessary, to assist the said King, to oppose, suppress -and repel, all such Insults and Acts of Hostility, and to procure -him due Reparation for any Damages sustained: That -is to say, fourteen of the said Ships shall carry from sixty to -eighty great Guns, and four hundred Men, a just Allowance -and Computation being made, as well with respect to those -Ships that carry a greater, as those that carry a lesser Number -of Men: Fourteen other Ships shall carry from forty to sixty -Guns, and one with another, three hundred Men at the least, -Allowance to be made as before; and none of the rest to carry -less than six and thirty Guns, and a hundred and fifty Men. -Besides which, they shall assist him with six thousand Foot -Soldiers, and four hundred Horse, or shall pay a Sum of -Money with due regard to the just Value of such an Assistance, -either for the whole or part, at the Choice of the said King. -All these Aids shall be furnish'd within six Weeks after they -shall be demanded; and the said King shall reimburse the -whole Charge to said States within three Years after the Conclusion -of the War.</p> - -<h3>II.</h3> - -<p>That if any Prince, State, or other Person whatever, without -Exception, shall under any Pretext, invade or attempt -to invade the <i>United Provinces</i>, or any Places situated within -the Jurisdiction of the said <i>States General</i>, or garrison'd by -their Soldiers; or shall exercise any Act of Hostility by Land -or by Sea, against the said <i>States General</i> or their Subjects; -the said King shall be obliged, as by Virtue of these Presents -he is obliged, to send forty Ships of War well furnished with -all things necessary, to assist the said <i>States General</i>, to oppose, -suppress and repel, all such Insults and Acts of Hostility, -and to procure due Reparation for any Damages sustained -<span class="pagenum"><a name="Page_29" id="Page_29">{29}</a></span> -by them: That is to say, fourteen of the said Ships shall carry -from sixty to eighty great Guns, and four hundred Men; a -just Allowance and Computation being made, as well with -regard to those Ships that carry a greater, as those that carry -a lesser Number of Men: Fourteen other Ships shall carry -from forty to sixty Guns, and one with another three hundred -Men at the least; Allowance to be made as before; and none -of the rest to carry less than six and thirty Guns, and a -hundred and fifty Men. Besides which, he shall assist them -with six thousand Foot Soldiers, and four hundred Horse; -or shall pay a Sum of Money, with due regard to the just -Value of such an Assistance, either for the whole or a part, -at the Choice of the said States. All these Aids shall be -furnished within six Weeks after they shall be demanded: -And the said States shall reimburse the whole Charge to the -said King, within three Years after the Conclusion of the -War.</p> - -<h3>III.</h3> - -<p>The said Ships of War, and the said auxiliary Forces of -Horse and Foot, together with the Commanders of the Ships -and Forces, and all the subaltern officers of both, that shall -be sent to the Assistance of the Party injured and attack'd, -shall be obliged to submit to his Pleasure, and be obedient -to the Orders of him or them, who shall be appointed to command -the Armies in chief either by Sea or Land.</p> - -<h3>IV.</h3> - -<p>Now that an exact Computation may be made of the -Charges that are to be reimburs'd within the space of three -Years after the Conclusion of the War; and that the Value of -such Assistance may be adjusted in ready Money, which -possibly the Party attack'd may chuse, either for the whole -or a part of the said Ships, Horse and Foot; 'tis thought expedient, -that the fourteen Ships carrying from sixty to eighty -Pieces of Cannon, should be valued at the Sum of eighteen -thousand six hundred and sixty six Pounds Sterling, or of -<span class="pagenum"><a name="Page_30" id="Page_30">{30}</a></span> -<i>English</i> Money; the other fourteen which carry from forty -to sixty Guns, at fourteen thousand Pounds Sterling; and -the remaining twelve, at six thousand Pounds of the same -Money: Six thousand Foot, at seven thousand five hundred -Pounds Sterling; and four hundred Horse, at one thousand -and forty Pounds, for one Month: The Money to be paid by -the said King of <i>Great Britain</i> at <i>London</i>, and by the <i>States -General</i> at <i>Amsterdam</i>, according as the Course of the Exchange -shall be at the time when Payment is to be made. But in -Consideration of the six thousand Foot Soldiers, the Sum of -six thousand Pounds Sterling shall be paid within the first -Month, to defray the Expence of listing and providing the -Men.</p> - -<h3>V.</h3> - -<p>This League, with all and every thing therein contained, -shall be confirmed and ratified by the said King of <i>Great -Britain</i>, and the said <i>States General</i> of the <i>United Provinces</i>, -by Letters Patents of both Parties, sealed with their Great -Seal in due and authentick Form, within four Weeks next -ensuing, or sooner, if it may be; and the mutual Instruments -of Ratification shall be exchanged on each part within the -said time.</p> - -<h2>CHARLES II.'S DECLARATION OF INDULGENCE AND -THE TEST ACT (1672-73).</h2> - -<p class="center small"><b>Source.</b>—<i>Journals of the House of Commons.</i></p> - -<h3 class="smcap">The Declaration of Indulgence.</h3> - -<p>Our care and endeavours for the preservation of the rights -and interests of the Church have been sufficiently manifested -to the world by the whole course of our government since our -happy restoration, and by the many and frequent ways of -coercion that we have used for reducing all erring or dissenting -persons, and for composing the unhappy differences in matters -of religion which we found among our subjects upon our -return.</p> - -<p>But, it being evident by the sad experience of twelve years -<span class="pagenum"><a name="Page_31" id="Page_31">{31}</a></span> -that there is very little fruit of all those forcible courses, we -think ourselves obliged to make use of that supreme power in -ecclesiastical matters, which is not only inherent in us but -hath been declared and recognized to be so by several statutes -and acts of parliament. And therefore we do now accordingly -issue out this our royal declaration, as well for the quieting -the minds of our good subjects in these points, for inviting -strangers in this conjunction to come and live under us, and -for the better encouragement of all to a cheerful following of -their trades and callings, from whence we hope, by the blessing -of God, to have many good and happy advantages to our -government; as also for preventing for the future the danger -that might otherwise arise from private meetings and seditious -conventicles. And in the first place, we declare our express -resolution, meaning, and intention to be that the Church of -England be preserved and remain entire in its doctrine, -discipline, and government, as it now stands established by -law; and that this be taken to be, as it is, the basis, rule, and -standard of the general and public worship of God, and the -orthodox conformable clergy do receive and enjoy the revenues -belonging thereunto; and that no person, though of different -opinion and persuasion, shall be exempt from paying his -tithes, or other dues whatsoever. And further we declare -that no person shall be capable of holding any benefice, living, -or ecclesiastical dignity or preferment of any kind in this -Kingdom of England, who is not exactly conformable.</p> - -<p>We do in the next place declare our will and pleasure to be -that the execution of all and all manner of penal laws in -matters ecclesiastical, against whatsoever sort of nonconformists -or recusants, be immediately suspended, and they -are hereby suspended. And all judges of assize and gaol-delivery -sheriffs, justices of the peace, mayors, bailiffs, and -other officers whatsoever, whether ecclesiastical or civil, are -to take notice of it, and pay due obedience thereunto, and -that there may be no pretence for any of our subjects to continue -their illegal meetings and conventicles, we do declare -that we shall from time to time allow a sufficient number of -<span class="pagenum"><a name="Page_32" id="Page_32">{32}</a></span> -places, as shall be desired, in all parts of this our kingdom, -for the use of such as do not conform to the Church of England, -to meet and assemble in, in order to their public worship -and devotion; which places shall be open and free to all -persons.</p> - -<p>But to prevent such disorders and inconveniences as may -happen by this our indulgence, if not duly regulated, and that -they may be better protected by the civil magistrate, our -express will and pleasure is that none of our subjects do presume -to meet in any place, until such place be allowed, and -the teacher of that congregation be approved by us. And -lest any should apprehend that this our restriction should -make our said allowance and approbation difficult to be -obtained, we do further declare, that this our indulgence as -to the allowance of public places of worship and approbation -of teachers shall extend to all sorts of nonconformists and -recusants, except the recusants of the Roman Catholic religion, -to whom we shall no ways allow public places of -worship, but only indulge them in their share in the common -exemption from the executing the penal laws and the exercise -of their worship in their private houses only. And if after -this our clemency and indulgence any of our subjects shall -presume to abuse this liberty and shall preach seditiously, or -to the derogation of the doctrine, discipline or government -of the established church, or shall meet in places not allowed -by us, we do hereby give them warning and declare we will -let them see we can be as severe to punish such offenders, -when so justly provoked, as we are indulgent to truly tender -consciences.</p> - -<h3 class="smcap">Protest of the Commons against the Indulgence.</h3> - -<p>We your Majesty's most loyal and faithful subjects, the -Commons assembled in Parliament do, in the first place, as -in all duty bound, return your Majesty our most humble -and hearty thanks for the many gracious promises and assurances -which Your Majesty hath several times, during this -present Parliament, given to us, that Your Majesty would -<span class="pagenum"><a name="Page_33" id="Page_33">{33}</a></span> -secure and maintain unto us the true Reformed Protestant -Religion, our Liberties, and Properties: Which most gracious -assurances Your Majesty hath, out of your great Goodness, -been pleased to renew unto us more particularly at the -opening of this present session of Parliament.</p> - -<p>And further we crave leave humbly to represent: That we -have, with all duty and expedition, taken into our consideration -several parts of your Your Majesty's last speech to us, and -withal the Declaration therein mentioned, for Indulgence to -Dissenters, dated the Fifteenth of March last, and we find -ourselves bound in duty to inform Your Majesty that penal -statutes in matters ecclesiastical cannot be suspended but -by Act of Parliament.</p> - -<p>We therefore, the ... House of Commons do most humbly -beseech your Majesty that the said laws may have their free -course until it shall be otherwise provided for by Act of -Parliament.</p> - -<h3 class="smcap">The Test Act (1673).</h3> - -<p>For preventing dangers which may happen from popish -recusants and quieting the minds of his Majesty's good subjects:—Be -it enacted That all and every person or persons, as -well peers as commoners, that shall bear any office or offices -military or civil, or shall receive any pay, salary, fee, or wages, -by reason of any patent or grant from his Majesty, or shall -have command or place of trust from or under his Majesty -... shall ... in public and open court ... take the -several Oaths of Supremacy and Allegiance ... and shall -also receive the Sacrament of the Lord's Supper according to -the usage of the Church of England at or before the first day -of August in the year of our Lord one thousand six hundred -and seventy-three, in some parish church, upon some ... -Sunday, immediately after divine service.</p> - -<p>And ... all persons ... that ... refuse to take the -said oaths and sacrament ... shall be <i>ipso facto</i> adjudged -... disabled in law to ... enjoy the said office or offices -<span class="pagenum"><a name="Page_34" id="Page_34">{34}</a></span> -or any profit or advantage pertaining to them; and every -such office ... is hereby adjudged void.</p> - -<p>And ... all persons ... that ... refuse to take the -said oaths or ... sacrament ... and yet after such -neglect or refusal shall execute any of the said offices ..., -every such person ... shall forfeit the sum of five hundred -pounds.</p> - -<p>And ... at the same time when the persons concerned in -this act shall take the aforesaid Oaths of Supremacy and -Allegiance, they shall likewise ... subscribe this declaration -... "I [name] do declare that I do believe that there is not -any transubstantiation in the sacrament of the Lord's Supper, -or in the elements of Bread and Wine, at or after the consecration -thereof by any person whatsoever."</p> - -<h2>COFFEE HOUSES (1673).</h2> - -<p class="indc small"><b>Source.</b>—Pamphlet: <i>The Character of a Coffee-House, with the -Symptoms of a Town Wit</i>. Printed in the <i>Harleian Miscellany</i>. -Vol. vi., pp. 465-468.</p> - -<p>A Coffee-House is a lay-conventicle, good-fellowship turned -puritan, ill-husbandry in masquerade; whither people come -after toping all day, to purchase, at the expense of their last -penny, the repute of sober companions: a rota-room, that, -like Noah's ark, receives animals of every sort, from the -precise diminutive band, to the hectoring cravat and cuffs in -folio; a nursery for training up the smaller fry of virtuosi -in confident tattling, or a cabal of kittling criticks that -have only learned to spit and mew; a mint of intelligence, that, -to make each man his pennyworth, draws out into petty -parcels, what the merchant receives in bullion. He, that -comes often, saves two-pence a week in Gazettes, and has his -news and his coffee for the same charge, as at a three-penny -ordinary they give in broth to your chop of mutton; it is -an exchange where haberdashers of political small-wares meet, -and mutually abuse each other, and the publick, with bottomless -stories, and headless notions; the rendezvous of idle -<span class="pagenum"><a name="Page_35" id="Page_35">{35}</a></span> -pamphlets, and persons more idly employed to read them; -a high court of justice, where every little fellow in a camlet<span -class="fnanchor"><a name="Ref_2" id="Ref_2" href="#Foot_2">[2]</a></span> -cloke takes upon him to transpose affairs both in church and -state, to shew reasons against acts of parliament, and condemn -the decrees of general councils.</p> - -<p>The room stinks of tobacco worse than hell of brimstone, -and is as full of smoke as their heads that frequent it, whose -humours are as various as those of Bedlam, and their discourse -often times as heathenish and dull as their liquor; that liquor -which, by its looks and taste, you may reasonably guess to be -Pluto's diet-drink, that witches tipple out of dead-men's -skulls, when they ratify to Belzebub their sacramental vows.</p> - -<p>This Stygian puddle-seller was formerly notorious for his -ill-favoured cap, that aped a turbant; and, in conjunction -with his antichristian face, made him appear perfect Turk. -But of late his wife being grown acquainted with gallants, -and the provocative virtue of chocolate, he finds a broad-brimmed -hat more necessary. When he comes to fill you a -dish, you may take him for Guy Faux with a dark lanthorn -in his hand, for no sooner can you taste it, but it scalds your -throat, as if you had swallowed the gunpowder-treason. -Though he seem never so demure, you cannot properly call -him pharisee, for he never washes either out or inside of his -pots or dishes, till they be as black as an usurer's conscience; -and then only scraping off the contracted soot, makes use of -it, in the way of his trade, instead of coffee-powder: their -taste and virtue being so near of kin, he dares defy the veriest -coffee-critic to distinguish them. Though he be no great -traveller, yet he is in continual motion, but it is only from -the fire-side to the table; and his tongue goes infinitely faster -than his feet, his grand study being readily to echo an answer -to that threadbare question, "What news have you, Master?" -Then with a grave whisper, yet such as all the room may -hear it, he discovers some mysterious intrigue of state, told -him last night by one that is barber to the taylor of a mighty -<span class="pagenum"><a name="Page_36" id="Page_36">{36}</a></span> -great courtier's man: relating this with no less formality -than a young preacher delivers his first sermon, a sudden -hick-up surprises him, and he is forced twenty times to break -the thread of his tale with such necessary parentheses, "Wife, -sweep up those loose corns of tobacco, and see the liquor -boil not over." He holds it as part of his creed, that the -great Turk is a very good christian, and of the reformed church, -because he drinks coffee; and swears that Pointings, for celebrating -its virtues in doggerel, deserves to be poet-laureat: yet -is it not only this hot hell-broth that he sells, for never -was mountebank furnished with more variety of poisonous -drugs, than he of liquors; tea and aromatick for the sweet-toothed -gentleman, betony<span -class="fnanchor"><a name="Ref_3" id="Ref_3" href="#Foot_3">[3]</a></span> and rosade<span -class="fnanchor"><a name="Ref_4" id="Ref_4" href="#Foot_4">[4]</a></span> for the addle-headed -customer, back-recruiting chocolate for the consumptive -gallant, Herefordshire redstreak made of rotten apples at the -Three Cranes, true Brunswick mum brewed at St. Catharine's, -and ale in penny mugs, not so big as a taylor's thimble.</p> - -<p>As you have a hodge-podge of drinks, such too is your -company; for each man seems a leveller, and ranks and files -himself as he lists, without regard to degrees or order; so -that often you may see a silly fop and a worshipful justice, a -griping rook and a grave citizen, a worthy lawyer and an -errant pickpocket, a reverend nonconformist and a canting -mountebank, all blended together to compose an oglio<span -class="fnanchor"><a name="Ref_5" id="Ref_5" href="#Foot_5">[5]</a></span> of -impertinence.</p> - -<p>If any pragmatic, to shew himself witty or eloquent, begin -to talk high, presently the further tables are abandoned; and -all the rest flock round, like smaller birds, to admire the gravity -of the madge-howlet. They listen to him awhile with their -mouths, and let their pipes go out, and coffee grow cold, for -pure zeal of attention; but, on the sudden, fall all a yelping -at once with more noise, but not half so much harmony, as a -pack of beagles on the full cry. To still this bawling, up -starts Capt. All-man-sir, the man of mouth, with a face as -<span class="pagenum"><a name="Page_37" id="Page_37">{37}</a></span> -blustering as that of Æolus and his four sons, in painting; -and in a voice louder than the speaking trumpet, he begins -you the story of a sea-fight: and though he never were -further, by water, than the Bear-garden, or Cuckold's-haven, -yet, having pirated the names of ships and captains, he persuades -you himself was present, and performed miracles; -that he waded knee-deep in blood on the upper deck, and -never thought to serenade his mistress so pleasant as the -bullets whistling; how he stopped a vice-admiral of the -enemy's under full sail, till she was boarded, with his single -arm, instead of grappling-irons; and puffed out, with his -breath, a fire-ship that fell foul on them. All this he relates, -sitting in a cloud of smoke, and belching so many common -oaths to vouch it, you can scarcely guess whether the real -engagement, or his romancing account of it, be the more -dreadful. However, he concludes with railing at the conduct -of some eminent officers (that, perhaps, he never saw,) -and protests, had they taken his advice at the council of war, -not a sail had escaped us.</p> - -<p class="center gap-between">*****</p> - -<p>Next, signior Poll takes up the cudgels, that speaks nothing -but designs, projects, intrigues, and experiments.... All -the councils of the German diet, the Romish conclave, and -Turkish divan, are well known to him. He kens all the -cabals of the court to a hair's breadth, and (more than a -hundred of us do) which lady is not painted: you would take -his mouth for a lembeck,<span -class="fnanchor"><a name="Ref_6" id="Ref_6" href="#Foot_6">[6]</a></span> it distils words so niggardly, as if -he was loth to enrich you with lies, of which he has yet -more plenty than Fox, Stowe, and Hollingshed bound up -together. He tells you of a plot to let the lions loose in -the Tower, and then blow it up with white powder; of -five hundred and fifty Jesuits all mounted on dromedaries, -seen by moonshine on Hampstead-heath; and a terrible -design hatched by the College of Doway,<span -class="fnanchor"><a name="Ref_7" id="Ref_7" href="#Foot_7">[7]</a></span> to drain the narrow -seas, and bring popery over dry shod: besides, he had a -<span class="pagenum"><a name="Page_38" id="Page_38">{38}</a></span> -thousand inventions dancing in his brain-pan; an advice-boat -on the stocks, that shall go to the East Indies and come -back again in a fortnight; a trick to march under water, and -bore holes through the Dutch ships' keels with augres, and -sink them, as they ride at anchor; and a most excellent -pursuit to catch sun-beams, for making the ladies new-fashioned -towers, that poets may no more be damned for -telling lies about their curls and tresses.</p> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_2" id="Foot_2" href="#Ref_2">[2]</a> -Camlet: a stuff originally made of silk and camel's hair, but later -made of wool and silk.</p> - -<p class="nodent"><a name="Foot_3" id="Foot_3" href="#Ref_3">[3]</a> -Betony: a plant noted for its medicinal properties.</p> - -<p class="nodent"><a name="Foot_4" id="Foot_4" href="#Ref_4">[4]</a> -Rosade: a drink concocted from roses.</p> - -<p class="nodent"><a name="Foot_5" id="Foot_5" href="#Ref_5">[5]</a> -Oglio: a spiced hotch-potch.</p> - -<p class="nodent"><a name="Foot_6" id="Foot_6" href="#Ref_6">[6]</a> -Lembeck: apparatus for distilling.</p> - -<p class="nodent"><a name="Foot_7" id="Foot_7" href="#Ref_7">[7]</a> -Douai.</p> - -</div> - - - -<h2>A PARLIAMENTARY ELECTION, KING'S LYNN, -NORFOLK, (1673).</h2> - -<p class="center small"><b>Source.</b>—<i>The Lives of the Norths.</i> Vol. i., pp. 111-113. Bohn -edition.</p> - -<p>When it was made known that his lordship [<i>i.e.</i>, Francis -North, who became Lord Keeper of the Great Seal] intended -to stand for burgess, the magistrates intimated that they would -serve him with their interest; and other encouragements he -had: and before the writ came down he made the town a visit, -and regaled the body with a very handsome treat which cost -him above one hundred pounds; and they complimented him -highly with assurances of all their interests, which they -doubted not would be successful against any opposition, but -they believed there would be none. He was made free, and -had the thanks of the body for his favourable assistance in -procuring them convoys, etc. So far was well: and when the -writ was sent to the Sheriff of Norfolk, his lordship's engagements -were such that he could not go down to the election -himself but sent a young gentleman, his brother, to ride for -him (as they call it), and Mr. Matthew Johnson, since clerk -of the Parliament, for an economist of which there was need -enough. The rule they observed was to take but one house -and there to allow scope for all taps to run. Nor was there -need of more, for, as had been foretold, there was no opposition, -which was a disgust to the common people for they -wanted a competition to make the money fly; and they said -Hobson's choice was no choice. But all passed well, and the -<span class="pagenum"><a name="Page_39" id="Page_39">{39}</a></span> -plenipos returned with their purchase, the return of the -election, back to London.</p> - -<p>The Parliament met and at the very first the new members -were attacked; for one stood up and recommended it to their -modesty to withdraw while the state of their election was under -debate; as they did and were soon dismembered by the vote -of the house; as is more fully related in the Examen.<span -class="fnanchor"><a name="Ref_8" id="Ref_8" href="#Foot_8">[8]</a></span> But -thereupon the speaker's warrants went to the great seal and -new writs issued. This caused his lordship to dispatch his -plenipos once more on the like errand to his majesty's ancient -borough of Lynn Regis. At first all things seemed fair; but -the night before the election there was notice given that Sir -Simon Taylor, a wealthy merchant of wine in that town, -stood and had produced a butt of sherry, which butt of sherry -was a potent adversary. All that night and next morning -were spent in making dispositions for conduct of the interest -and such matters as belong to a contested election. But the -greatest difficulty was to put off the numerous suitors for -houses to draw drink, of which every one made friends to -insinuate in their favour as if the whole interest of the town -depended upon it. But these gentlemen plenipos determined -to take no other house but where they were, to let the quill -as well as the tap run freely, which made an account of above -three hundred pounds. After the election and poll closed, -all the chiefs on both sides met to view the poll-books; and -Sir Simon Taylor, being on his own knowledge of the people's -names satisfied that the election was against him, called for -the indenture and signed it with the rest. This was an act of -generous integrity scarce ever heard of before or since, and is -what I have on all occasions mentioned for his just honour, -and it would be strange if I should leave it out here. And it -is material also, for, when his lordship came into the house, -being a very good advocate and generally well thought of, -the party there styled of the country thought his sitting in -the house might be an accession to the court interest of too -much consequence to be let pass if it might be hindered; -<span class="pagenum"><a name="Page_40" id="Page_40">{40}</a></span> -and accordingly they expected a petition (as almost of course) -to come in against him, and an opportunity thereupon to try -the experiment of heaving him out of the house: for at that -time who would not prove a petition against a declared -courtier? His lordship was generally acquainted and passed -well with the gentlemen of all sides. But, in the house, none -of the country party came near him or cared that he should -speak with them. So it passed till the fourteenth day; and -there was but fifteen days of liberty to petition. Then one -of them ventured to welcome him into the house but asked -if his election was not like to be questioned. "No," said he, -"it cannot be for my adversary signed the return for me." -Within an hour or two after, at least twenty more of the same -interest came and saluted him as very well pleased with his -company; as much as to say, "Since thou art chose, who -would not have it so?"</p> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_8" id="Foot_8" href="#Ref_8">[8]</a> -North's Examen: a reply to Kennett's History.</p> - -</div> - -<h2>A BOGUS "KING'S SPEECH"<span -class="fnanchor"><a name="Ref_9" id="Ref_9" href="#Foot_9">[9]</a></span> (1675).</h2> - -<p class="center small"><b>Source.</b>—Airy's <i>Charles II.</i> P. 301. (Longmans Green & Co.)</p> - -<div class="top"> - -<div class="right1"><i>April ye 13, 1675.</i></div> - -</div> - -<p class="smcap">My Lords and Gentlemen,</p> - -<p class="indb">I told you at our last meeting that the winter was the -fittest time for business, and in truth I thought it so till my -Lord Treasurer assured me that ye Spring is ye fittest time for -salads and subsidies. I hope therefore this April will not -prove so unnatural as not to afford plenty of both; some of -you may perhaps think it dangerous to make me too rich, -but do not fear it, I promise you faithfully (whatever you -give) I will take care to want; and yet in that you may rely -on me, I will never break it although in other things my -word may be thought a slender authority. My Lords and -Gentlemen, I can bear my own straights with patience, but -My Lord Treasurer doth protest that the revenue as it now -stands is too little for us both; one of us must pinch for it, -if you do not help us out. I must speak freely to you, I am -under incumbrances.... I have a pretty good estate, I must -<span class="pagenum"><a name="Page_41" id="Page_41">{41}</a></span> -confess, but, Odd's fish, I have a charge on't. Here is my -Lord Treasurer can tell you that all the moneys designed for -the Summer's Guards must of necessity be applied for the -next year's cradles and swaddling clothes; what then shall -we do for ships? I only hint that to you, that's your business, -not mine. I know by experience I can live without them. -I lived twenty years abroad without ships and was never -in better health in my life, but how well you can live without -them you had best try. I leave it to yourselves to judge, -and therefore only mention it; I do not intend to insist -upon that.</p> - -<p>There is another thing which I must press more earnestly, -which is this; it seems a good part of my revenue will fail -in two or three years except you will please to continue it: -now I have this to say for it, why did you give me so much -except you resolved to give on as fast as I call for it? The -nation hates you already for giving so much, I will hate -you now if you do not give me more. So that your interest -obliges you to stick to me or you will not have a friend left -in England. On the other hand, if you continue the revenue -as desired, I shall be able to perform those great things for -your religion and liberty which I have long had in my thoughts -but cannot effect it without this establishment: wherefore -look to it, if you do not make me rich enough to undo you, -it shall be at your doors; for my part I can with a clear -conscience say I have done my best and shall leave the rest -to my successors. But if I may gain your good opinion, the -best way is to acquaint you what I have done to deserve it -out of my royal care for your religion and property. For -the first my late proclamation is the true picture of my mind. -He that cannot (as in a glass) see my zeal for the Church of -England doth not deserve any other satisfaction, for I declare -him wilful, abominable and not good. You may perhaps -cry, how comes this sudden change? To that I reply in a -word, I am a changeling; that I think a full answer, but to -convince men yet further that I mean as I say, there are -these arguments—1st I tell you so and you know I never -<span class="pagenum"><a name="Page_42" id="Page_42">{42}</a></span> -break my word. 2nd My Lord Treasurer says so and he -never told lies in his life. 3rd My Lord Lauderdale will undertake -for me, and I should be loth by any act of mine to forfeit -the credit he has with you. If you desire more instances of -my zeal, I have them for you; for example, I have converted -all my natural sons from popery, (and I may say without -vanity) it was more my work and much more peculiar to me -than the getting of them. It would do your hearts good to -hear how prettily little George can read already the Psalter; -they are all fine children, God bless 'em, and so like me in -their understandings. But (as I was saying) I have, to please -you, given a pension to your favourite my Lord Lauderdale; -not so much that I thought he wanted it, as I knew you would -take it kindly. I have made Carwell a Duchess and married -her sister to my Lord Pembroke. I have made Crewe Bishop -of Durham. I have at my brother's request sent my Lord -Inchiquin to settle the protestant religion at Tangier; and -at the first word of my Lady Portsmouth I preferred Prideaux -to be Bishop of Chichester. I do not know what factions -men would have; but this I am sure of, that none of my -predecessors did ever anything like this to gain the goodwill -of their subjects. So much for religion.</p> - -<p>I must now acquaint you that by my Lord Treasurer's -advice I have made a considerable retrenchment on my -expenses in candles and charcoal, and do not intend to stick -there, but, with your help, to look into the like embezelments -of my dripping pans and kitching stuff, of which (by ye way) -on my conscience neither my Lord Treasurer nor my Lord -Lauderdale are guilty; but if you should find them dabbling -in that business I tell you plainly I leave them to you, for I -would not have the world think I am a man to be cheated.</p> - -<p class="center gap-between">*****</p> - - <p class="smcap">My Lords and Gentlemen,</p> - - <p class="indb">I would have you believe of me as you always found me; and I do - solemnly profess that, whatever you give me, it shall be managed with - the same thrift, conduct, and prudence and sincerity, that I have ever - practised since my happy restoration.</p> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_9" id="Foot_9" href="#Ref_9">[9]</a> -Reprinted by kind permission of the publishers.</p> - -</div> - -<div class="pagenum"><a name="Page_43" id="Page_43">{43}</a></div> - -<h2>HABEAS CORPUS ACT (1679).</h2> - -<p class="center small"><b>Source.</b>—<i>Statutes of the Realm.</i> Vol. v., pp. 935-938.</p> - -<p>I. Whereas great delays have been used by sheriffs, gaolers, -and other officers, to whose custody any of the King's subjects -have been committed for criminal or supposed criminal -matters, in making returns of writs of <i>Habeas Corpus</i> to them -directed, by standing out an <i>Alias</i> and <i>Pluries Habeas Corpus</i>, -and sometimes more, and by other shifts to avoid their yielding -obedience to such writs, contrary to their duty and the known -laws of the land, whereby many of the King's subjects have -been, and hereafter may be long detained in prison, in such -cases where by law they are bailable, to their great charges -and vexation:—</p> - -<p>II. For the prevention whereof, and for the more speedy -relief of all persons imprisoned for any such criminal or supposed -criminal matters, Be it enacted by the King's most -excellent Majesty, by and with the advice and consent of the -lords spiritual and temporal, and commons in this present -Parliament assembled, and by the authority thereof, that -whensoever any person or persons shall bring any <i>Habeas -Corpus</i> directed unto any sheriff or sheriffs, gaoler, minister, -or other person whatsoever, for any person in his or their -custody, and the said writ shall be served upon the said -officer, or left at the gaol or prison, with any of the officers, - ... then the said officers ... shall within three days after the -service thereof as aforesaid (unless the commitment aforesaid -were for treason or felony, plainly or specially expressed -in the warrant of commitment) upon payment or tender of -the charges of bringing the said prisoner, to be ascertained -by the judge or court that awarded the same, and indorsed -upon the said writ, not exceeding twelvepence per mile, and -upon security given by his own bond to pay the charges of -carrying back the prisoner, if he shall be remanded by the -court or judge to which he shall be brought according to the -true intent of his present act, and that he will not make any -escape by the way, make return of such writ; and bring or -<span class="pagenum"><a name="Page_44" id="Page_44">{44}</a></span> -cause to be brought, the body of the person so committed or -restrained, unto or before the Lord Chancellor, or Lord -Keeper of the Great Seal of England for the time being, or the -judges or barons of the said court from whence the said writ -shall issue, or unto or before such other person or persons -before whom the said writ is made returnable according to -the command thereof; and shall then likewise certify the true -causes of his detainer or imprisonment, unless the commitment -of the said party be in any place beyond the distance -of twenty miles from the place or places where such court or -person is, or shall be, residing: and if beyond the distance -of twenty miles, and not above one hundred miles, then -within the space of ten days; and if beyond the distance of -one hundred miles, then within the space of twenty days, after -such delivery and not longer.</p> - -<p>III. And to the intent that no sheriff, gaoler, or other -officer, may pretend ignorance of the import of any such writ, -Be it enacted ... that all such writs shall be marked in this -manner, <i>per statutum tricesimo primo Caroli secundi regis</i>, -and shall be signed by the person that awards the same; -and if any person or persons shall be or stand committed or -detained as aforesaid, for any crime (except for felony or -treason plainly expressed in the warrant of commitment), -in the vacation time, and out of term, it shall ... be lawful -... for the person or persons so committed ... or any one -on his or their behalf to appeal or complain to the Lord -Chancellor, or Lord Keeper, or any one of his Majesty's -justices, either of the one bench or of the other, or the barons of -the Exchequer of the degree of the coif and the said Lord -Chancellor, Lord Keeper, justices, or barons, or any of them -... are hereby ... required, upon request made in writing -by such person or persons, or any or his, her or their behalf, -attested and subscribed by two witnesses who were present -at the delivery of the same, to ... grant a <i>Habeas Corpus</i> ... -to be directed to the officer ... in whose custody the party -... detained shall be; returnable immediate before the said -Lord Chancellor, Lord Keeper [&c.].</p> - -<p><span class="pagenum"><a name="Page_45" id="Page_45">{45}</a></span> -IV. And upon service thereof ..., the officer ... in whose custody -the party is so ... detained, shall, within the times -respectively before limited, bring such prisoner or prisoners -before the said Lord Chancellor, or Lord Keeper, or such -justices and barons, or one of them ... with ... the true -cause of the commitment or detainer. And thereupon, within -two days after the party shall be brought before them, the -said Lord Chancellor, Lord Keeper [&c.] ... shall discharge -the said prisoner from his imprisonment, taking his or their -recognizance, with one or more surety or sureties, in any -sum according to their discretions, having regard to the -quality of the prisoner and nature of the offence, for his or -their appearance in the Court of King's Bench the term following, -or at the next assizes, sessions, or general gaol-delivery -of and for such county, city, or place where the commitment -was, or where the offence was committed ... unless it shall -appear to the said Lord Chancellor, or Lord Keeper [&c.] ... -that the party is detained upon a legal process, order, or -warrant, out of some court that hath jurisdiction of criminal -matters, or by some warrant signed and sealed with the hand -and seal of any of the said justices or barons, or some justices -or justices of the peace, for such matters or offences for the -which by the law the prisoner is not bailable.</p> - -<p>V. And ... if any officer ... shall neglect or refuse ... to -bring the body ... of the prisoner according to the command -of the said writ, within the respective times aforesaid, or upon -demand made by the prisoner or person in his behalf, shall -refuse to deliver ... a true copy of the warrant ... of commitment -... of such prisoner, ... such person ... shall for -the first offence forfeit to the prisoner ... the sum of one -hundred pounds, and for the second offence the sum of two -hundred pounds, and shall ... be made incapable to hold or -execute his said office.</p> - -<p>VI. And ... no person or persons which shall be delivered -or set at large upon any <i>Habeas Corpus</i> shall at any time -hereafter be again imprisoned or committed for the same -offence ... other than by the legal order and process of such -<span class="pagenum"><a name="Page_46" id="Page_46">{46}</a></span> -court wherein he or they shall be bound by recognizance -to appear, or other court having jurisdiction of the cause. -And if any other person or persons shall knowingly, contrary -to this Act, recommit or imprison, for the same offence ... -any person or persons delivered or set at large as aforesaid, -... then he or they shall forfeit to the prisoner ... the sum -of five hundred pounds.</p> - -<p>VII. Provided always ... That if any person or persons -shall be committed for high treason or felony, plainly and -specially expressed in the warrant of commitment, upon his -... petition in open court the first week of term, or the first -day of the sessions of <i>Oyer and Terminer</i>,<span -class="fnanchor"><a name="Ref_10" id="Ref_10" href="#Foot_10">[10]</a></span> or general gaol-delivery, -to be brought to his trial, shall not be indicted -some time in the next term, sessions of <i>Oyer and Terminer</i>, -or general gaol-delivery, after such commitment; it shall -be lawful to and for the judges of the Court of King's Bench, -and justices of <i>Oyer and Terminer</i>, or general gaol-delivery -... to set at liberty the prisoner upon bail, unless it appear -to the judges and justices ... that the witnesses for the King -could not be produced.... And if such person ... shall not -be indicted and tried the second term, sessions of <i>Oyer and -Terminer</i>, or general gaol-delivery, after his commitment, or -upon his trial shall be acquitted, he shall be discharged from -his imprisonment.</p> - -<p>VIII. Provided always That nothing in this act shall extend -to discharge out of prison any person charged in debt, -or other action, or with process in any civil cause, but that -after he shall be discharged of his imprisonment for such -his criminal offence, he shall be kept in custody according -to the law, for such other suit.</p> - -<p>X. Provided always ... That it shall and may be lawful -to and for any prisoner or prisoners as aforesaid to move -and obtain his or their <i>Habeas Corpus</i> as well out of the high -court of chancery or court of exchequer, as out of the courts -of king's bench or common pleas, or either of them; and if -<span class="pagenum"><a name="Page_47" id="Page_47">{47}</a></span> -the said Lord Chancellor, or Lord Keeper, or any judge ... -of any of the courts aforesaid, in the vacation time, upon -view of the copy or copies of the warrant or warrants of commitment -or detainer, or upon oath made that such copy or -copies were denied as aforesaid, shall deny any writ of <i>Habeas -Corpus</i> by this act required to be granted, being moved for -as aforesaid, they shall severally forfeit to the prisoner or -party grieved the sum of five hundred pounds.</p> - -<p>XI. And be it ... enacted ... That an <i>Habeas Corpus</i> ... -may be directed and run into any county palatine, the cinque ports, -or other privileged places within the kingdom of England, -dominion of Wales, or town of Berwick-upon-Tweed, and the -islands of Jersey or Guernsey, any law or usage to the contrary -notwithstanding.</p> - -<p>XII. And for preventing illegal imprisonments ... beyond -the seas, be it ... enacted ... That no subject of this realm -that now is, or hereafter shall be an inhabitant or resident -of this kingdom ... shall or may be sent prisoner into Scotland, -Ireland, Jersey, Guernsey, Tangier, or into parts, garrisons, -islands, or places beyond the sea; and That every such -imprisonment is hereby ... adjudged to be illegal.</p> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_10" id="Foot_10" href="#Ref_10">[10]</a> -A judicial commission to hear and determine cases of treason, -felony, and misdemeanours.</p> - -</div> - -<h2>THE POPISH TERROR (1678-1681).</h2> - -<p class="center small"><b>Source.</b>—Burnet's <i>History of His Own Times</i>. Pp. 156-164. -Abridged edition, 1841.</p> - -<p>On Michaelmas-eve Oates was brought before the Council, -and entertained them with a long relation of many discourses -he had heard among the Jesuits, and of their design to kill -the King. He named persons, places, and times, almost without -number. He said many Jesuits had disguised themselves, -and were gone into Scotland, and held field conventicles -there to distract the Government; that he was sent to St. -Omer's, thence to Paris, and from thence to Spain; that -there was a great meeting at St. Clement's; and that the -result of their consultation was a resolution to kill the King -by shooting, stabbing or poisoning him, and that Coleman -<span class="pagenum"><a name="Page_48" id="Page_48">{48}</a></span> -was privy to the whole design. This was the substance of -what he declared the first day; whereupon many Jesuits -were seized that night and next day, and their papers sealed up.</p> - -<p>There were many things in this declaration that made it -look like an imposture. Oates did not know Coleman at -first, but when he heard him speak in his own defence, he -named him; he named Wakeman, the Queen's physician, -though he did not know him at all; Langhorne who was the -great manager for the Jesuits, he did not name; and when the -King asked him what sort of man Don John (with whom he -pretended to be intimate) was, he answered he was a tall, -lean man, when the King knew him to be the very reverse. -These were strong indications of a forgery. But what took -away that suspicion was the contents of Coleman's letters, -since by them it appeared that so many years ago the design -of converting the nation and rooting out the northern heresy, -as they called it, was so near its execution, since in them the -Duke's great zeal was often mentioned with honour and -many indecent reflections made on the King for his inconstancy -and disposition to be brought to anything for money: -and since by them their dependence was expressed to lie in -the French King's assistance, and his expeditious conclusion -of a general peace, as the only means that could finish their -design.</p> - -<p>A few days after this, a very extraordinary thing happened, -that contributed more and more to confirm the belief of this -evidence. Sir Edmund Berry Godfrey was an eminent justice -of peace who lived near Whitehall. He had stayed in London -and had kept things in order in the time of the plague, which -gained him great reputation and for which he was afterwards -knighted. A zealous Protestant he was, and a true lover of -the Church of England, but had kind thoughts of the nonconformists, -was not forward to execute the laws against them, -and to avoid doing that, was not apt to search for priests -or mass-houses, so that few men of the like zeal lived on better -terms with the Papists than he. Oates went to him the -day before he appeared at the Council-board, and declared -<span class="pagenum"><a name="Page_49" id="Page_49">{49}</a></span> -upon oath the narrative he intended to make, which Godfrey -afterwards published a little imprudently, and was thereupon -severely chid for seeming to distrust the Privy Council, and -presuming to intermeddle in so tender a matter.</p> - -<p>On Saturday, October 12th, he went abroad in the morning, -was seen about one o'clock near St. Clement's Church, but -was seen no more till his body was found, on the Thursday -night following, in a ditch about a mile out of town near -St. Pancras Church. His sword was thrust through him, but -no blood was on his clothes or about him; his shoes were clean, -his money was in his pocket; a mark was all round his neck, -which showed he was strangled; his breast was bruised; his neck -was broken, and there were many drops of white wax-lights -on his breeches, which being only used by priests and persons -of quality, made people imagine in whose hands he had been.</p> - -<p>Oates's evidence was, by means of this murder, so far believed -that it was not safe to seem to doubt of it; and when -the Parliament met, he was called before the bar of the House -of Commons, where he made a fresh discovery. He said that -the Pope had declared England to be his kingdom, and -accordingly had sent over commissions to make Lord Arundel -of Wardour, Chancellor; Lord Powys, Treasurer; Sir William -Godolphin, then in Spain, Privy Seal; Coleman, Secretary of -State; Belasyse, General of the Army; Petre, Lieutenant-General; -Ratcliffe, Major-General; Stafford, Paymaster-General; -and Langhorne, Advocate-General; besides many -other commissions for subaltern officers. And he now swore, -upon his own knowledge, that both Coleman and Wakeman -were in the plot; that Coleman had given eighty guineas to -four ruffians to murder the King at Windsor; and that Wakeman -had undertaken to poison him for £15,000; and he excused -his not knowing them before by the fatigue and want -of rest he had been under for two nights before, which made -him not master of himself.</p> - -<p>There were great inconsistencies in all this. That one man -should not know another that was a principal in a plot -wherein he himself was concerned; that one man should have -<span class="pagenum"><a name="Page_50" id="Page_50">{50}</a></span> -£15,000 for a safe way of dispatching, and four but twenty -guineas apiece for doing it openly; that he should love the -King so well as he then pretended, and yet suffer these -ruffians to go down to kill him, without giving notice of the -danger—these and some other incongruities in the pretended -commissions (for Belasyse was perpetually gouty, Petre was -no military man, and Ratcliffe lived chiefly in the north), -were characters sufficient of a fictitious discovery, had not -some other incidents concurred to give it a further confirmation.</p> - -<p>Bedloe, a man of a very vicious life, delivered himself to -the magistrates of Bristol, pretending he knew the secret of -Godfrey's murder, and accordingly was brought to London -and examined by the Secretary. He said he had seen Godfrey's -body at Somerset House, and was offered by Lord -Belasyse's servant £4,000 to assist in carrying it away, whereupon -he had gone out of town as far as Bristol, but was so -pursued with horror that he could not forbear discovering it, -but at the same time denied that he knew anything of the -plot, till, on the next day, when he was brought to the bar of -the House of Lords, he made a full discovery of it, confirming -the chief points of Oates's evidence.</p> - -<p>While things were in this ferment at London, Carstairs -came from Scotland to complain of Duke Lauderdale. He -had brought up such witnesses as he always had by him to -prove the thing,<span -class="fnanchor"><a name="Ref_11" id="Ref_11" href="#Foot_11">[11]</a></span> and as he was looking about for a lucky -piece of villainy, he chanced to go into an eating-house in -Covent Garden, where one Staley, a Popish banker, was in -the next room, and pretended that he heard him say in French -that the King was a rogue, and persecuted the people of God, -and that he himself would stab him if nobody else would. -With these words he and one of his witnesses went to him -next day, and threatened to swear them against him unless -he would give them a sum of money. The poor man foresaw -his danger, but he chose rather to leave himself to their malice -than become their prey; so he was apprehended, and in five -days brought to his trial. The witnesses gave full evidence -<span class="pagenum"><a name="Page_51" id="Page_51">{51}</a></span> -against him to the purpose above mentioned, nor could he -offer anything to invalidate their credit. All that he urged -was, the improbability of his saying such dangerous words in -a quarter of the town where almost everybody understood -French; so he was cast, and prepared himself seriously for -death, all along protesting that he knew of no plot, nor had ever -said the words sworn against him, nor anything to that purpose.</p> - -<p>There was one accident now fell in that tended not a little -to impair Oates's credit. He had declared before the House -of Lords that he had then informed concerning all persons of -any distinction that he knew to be engaged in the plot, and -yet after that he deposed that the Queen had a great share -in it, and was, in his hearing, consenting to the King's death. -But his pretence for not accusing her before was so lame and -frivolous that it would not satisfy people, though Bedloe, to -support his evidence, swore things of the like nature.</p> - -<p>When Coleman was brought to his trial, Oates and Bedloe -swore flatly against him what was mentioned before; and -he, to invalidate their evidence, insisted on Oates's not knowing -him when they were confronted; on his being in Warwickshire -at the same time that Oates swore he was in town; and -on the improbability of his transacting such dangerous matters -with two such men as he had never seen before. His letters -to Père la Chaise were the heaviest part of the evidence, and -to these he did not deny but that he had intentions to bring -in the Catholic religion, but only by a toleration, not by -rebellion or blood, and that the aid he had requested from -France for that purpose was meant only of the advance of -some money and the interposition of that Court. After a -long trial he was found guilty and sentence passed upon him -to die as a traitor. He suffered with much composedness -and devotion, and died much better than he lived, denying -with his last breath every tittle of what the witnesses had -sworn against him, though many were sent from both Houses, -offering to interpose for his pardon if he would confess.</p> - -<p>The nation was now so much alarmed that all people were -furnishing themselves with arms, and a bill passed both -<span class="pagenum"><a name="Page_52" id="Page_52">{52}</a></span> -Houses for raising the militia, and for keeping it together for -six weeks, but the King rejected it, though he gave his consent -to the disbanding the army; wherein the Commons were -so diffident of him that they ordered the money to be brought, -not into the Exchequer, but into the Chamber of London, -and appointed a committee of their own members for paying -it off and disbanding it.</p> - -<p>The courts of justice in the meanwhile were not idle, for -in December, Ireland the Jesuit, and Grove and Pickering, -two servants in the Queen's Chapel, were brought to their -trial. Oates and Bedloe swore home against Ireland that in -August last he had given particular orders for killing the -King; but he, in his defence, by many witnesses endeavoured -to prove that on the 2nd of August he went into Staffordshire, -and did not return till the 12th of September. Yet, in opposition -to that a woman swore that she saw him in London -about the middle of August; and so, because he might have -come up post in one day and gone down in another, this did -not satisfy. Against Grove and Pickering they swore that -they undertook to kill the King at Windsor; that Grove was -to have £1,500 for doing it, and Pickering thirty thousand -masses, which at twelvepence a mass, amounts to the same -money; that they attempted it three several times, but that -once the flint was loose, at another time there was no powder -in the pan, and at a third the pistol was only charged with -bullets. This was strange stuff, but all was imputed to a -Divine Providence. So the evidences were credited, and the -prisoners condemned and executed, but they denied to the -last every particular that was sworn against them.</p> - -<p>This began to shake the credit of the evidence, when a more -composed and credible person came in to support it. One -Dugdale, who had been bailiff to Lord Aston, and lived in -a fair reputation in the country, when he was put in prison -for refusing to take the oaths of allegiance and supremacy, -denied absolutely that he knew anything of the plot, but made -afterwards great discoveries. He said that the Jesuits in -London had acquainted Evers, Lord Aston's Jesuit, with the -<span class="pagenum"><a name="Page_53" id="Page_53">{53}</a></span> -design of killing the King, and desired him to find out proper -men to execute it; that Evers and Gavan, another Jesuit, had -pressed him to undertake it; that they had promised to -canonise him for it, and Lord Aston offered him £500 if he -would set about it. And one instance to confirm the truth -of what he asserted was his speaking in a public company -(as several testified) of Godfrey's death, the Tuesday after -he was missing, which he swore he saw in a letter written by -Harcourt to Evers, which letter must have been sent on the -very night that Godfrey was killed.</p> - -<p>At the same time, a particular discovery was made of -Godfrey's murder. Prance, a goldsmith that wrought for -the Queen's Chapel, was seized upon suspicion; and as Bedloe -was accidentally going by, knowing nothing of the matter, -was challenged by him to be one of those whom he saw about -Godfrey's body. Prance denied everything at first, but made -afterwards this confession; that Gerald and Kelly, two priests, -engaged him and three others in this wicked deed—Green, -who belonged to the Queen's Chapel; Hill, who had served -Godden, one of their famous writers; and Berry, the Porter -of Somerset House; that they had several meetings wherein -the priests persuaded them that it was a meritorious action -to dispatch Godfrey, in order to deter others from being so -busy against them; that the morning before they killed him -Hill went to his house to see if he was yet gone out, and spoke -to his maid; that they waited his coming out, and dogged him -all day, till he came to a place near St. Clement's, where he -stayed till night; that as Godfrey passed by Somerset House -water-gate two of them pretending to quarrel, another ran -out to call a justice, and with much importunity prevailed -with him to come and pacify them; that as he was coming -along Green got behind him and threw a twisted cravat about -his neck, and so pulled him down and strangled him; and that -Gerald would have run his sword through him, but was -hindered by the rest lest the blood might discover them; -that when the murder was done, they carried the body into -Godden's room (for he was in France) and Hill had the key -<span class="pagenum"><a name="Page_54" id="Page_54">{54}</a></span> -of it; that two days after they removed it into a room across -the upper court, but that being thought not so convenient, -they carried it back to Godden's lodging; that on Wednesday -night they carried it out in a sedan, and when they had got -clear of the town Green carried it on horseback to the place -where it was found.</p> - -<p>This was a consistent story, which was supported in some -circumstances by collateral proofs; and yet when he came -before the King and Council he denied all he had sworn, and -said it was a mere fiction; but when he was carried back to -prison, he said all was true again, and that the horror and -confusion he was in made him deny it. Thus he continued -saying and unsaying for several times; but at last he persisted -in his first attestation, and by this and what Bedloe -brought in evidence against them, Green, Hill, and Berry -were found guilty and condemned. Green and Hill died, as -they had lived, Papists, and with solemn protestations denied -the whole thing; but Berry declared himself a Protestant, -though he had personated a Papist for bread, for which dissimulation -he thought this judgment had befallen him. But -he denied what was charged against him, and to the last minute -declared himself altogether innocent; and his dying a Protestant -and yet denying all that was sworn against him, was -a triumph to the Papists, and gave them an opportunity to -say that it was not the doctrine of equivocation, nor the power -of absolution, but merely the force of conviction that made -those of their religion do the same.</p> - -<p>The Lord Chief Justice at this time was Sir William Scroggs, -a man more valued for a good readiness in speaking well -than either learning in his profession or any moral virtue. -His life had been indecently scandalous, and his fortune very -low; and it was a melancholy thing to see so bad, so ignorant -and so poor a man raised up to that high post. Yet now, -seeing how the stream ran, he went into it with so much zeal -and heartiness that he became the people's favourite and -strove in all trials even with an indecent earnestness to get -the prisoners convicted.</p> - -<p><span class="pagenum"><a name="Page_55" id="Page_55">{55}</a></span> -But their resolute manner of dying and protestations of -innocence to the last began to make impression on people's -minds, and impair the credit both of the judge and witnesses, -till one Jennison, the younger brother of a Jesuit, and a gentleman -of family and estate, but now turned Protestant, came -in, as it were, to their relief; for in contradiction to what -Ireland died affirming, <i>i.e.</i> that he was in Staffordshire at the -time that Oates swore he was in London, he wrote a letter to a -friend attesting that he was in company with Ireland on the -19th of August, and had much familiar talk with him, so -that his dying affirmations were false. The letter was printed, -and this use was made of it to vacate the truth of those denials -wherewith so many ended their lives. But what afterwards -destroyed the credit of the letter was the solemn protestation -that the author made, as he desired forgiveness of his sins -and hoped for the salvation of his soul, that he knew nothing -of the plot; and yet the summer after he published a long -narrative, wherein he said that himself was invited to assist -in the murder of the King, and named the four ruffians who -went to Windsor to do it.</p> - -<p>While the witnesses were thus weakening their own credit, -some practices were discovered that did very much support -it. Reading, a lawyer of some subtlety, but no virtue, who -was employed by the lords in the Tower to solicit their -affairs, had offered Bedloe some money of his own accord -(as it afterwards appeared) to mollify his evidence against the -lords, and had drawn up a paper to show him by how small -a variation in his depositions he might bring them off. But -Bedloe was too cunning for him. He had acquainted Prince -Rupert and the Earl of Essex with the whole negotiation, and -placed two witnesses in his room, when he drew Reading into -a renewal of the proposal so commodiously that the attempt -of corruption was plainly proved upon him, and he was set -in the pillory for it. Some that belonged to the Earl of -Danby conversed much with Oates's servants, who told him -that their master was daily speaking odious things against the -King; and one of them affirmed that he had once made an -<span class="pagenum"><a name="Page_56" id="Page_56">{56}</a></span> -abominable attempt upon him. But when Oates smelt this -out, he soon turned the tables upon them; for he prevailed -with his servants to deny all, and had the others set in the -pillory as defamers of the King's evidence. And to bring -things of the same sort all together, one Tashborough, who -belonged to the Duke's Court, proposed to Dugdale, in the -Duke's name, but without his authority, that he should sign -a retraction of what he had sworn, and go beyond seas, and -have a considerable reward for so doing. But the other outwitted -him likewise, and proving such practices upon him, -had him both fined and set in the pillory.</p> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_11" id="Foot_11" href="#Ref_11">[11]</a> -<i>I.e.</i>, his case against Lauderdale.</p> - -</div> - -<h2>STAFFORD'S TRIAL (1680).</h2> - -<p class="center small"><b>Source.</b>—Evelyn's <i>Diary</i>. Vol. ii., pp. 158-163. Bohn edition.</p> - -<p><i>November 30.</i> The signal day begun the trial (at which I -was present) of my Lord Vicount Stafford, for conspiring the -death of the King; second son to my Lord Thomas Howard -Earl of Arundel and Surrey, Earl Marshall of England, and -grandfather to the present Duke of Norfolk, whom I so well -knew, and from which excellent person I received so many -favours. It was likewise his birthday. The trial was in -Westminster-Hall, before the King, Lords, and Commons; -just in the same manner as, forty years past, the great and -wise Earl of Strafford (there being but one letter differing -their names) received his trial for pretended ill government -in Ireland, in the very same place, this Lord Stafford's father -being then High-Steward. The place of sitting was now -exalted some considerable height from the paved floor of the -Hall, with a stage of boards. The throne, woolpacks for the -Judges, long forms for the Peers, chair for the Lord Steward, -exactly ranged, as in the House of Lords. The sides on both -hands scaffolded to the very roof for the members of the -House of Commons. At the upper end, and on the right -side of the King's state, was a box for his Majesty, and on -the left, others for the great ladies, and over head a gallery -for ambassadors and public ministers. At the lower end, or -<span class="pagenum"><a name="Page_57" id="Page_57">{57}</a></span> -entrance, was a bar, and place for the prisoner, the Lieutenant -of the Tower of London, the axe-bearer and guards, my -Lord Stafford's two daughters, the Marchioness of Winchester -being one; there was likewise a box for my Lord to retire -into. At the right hand, in another box, somewhat higher, -stood the witnesses; at the left, the managers, in the name of -the Commons of England, namely, Serjeant Maynard (the -great lawyer, the same who prosecuted the cause against the -Earl of Strafford forty years before, being now near eighty -years of age), Sir William Jones, late Attorney-General, Sir -Francis Winnington, a famous pleader, and Mr. Treby, now -Recorder of London, not appearing in their gowns as lawyers, -but in their cloaks and swords, as representing the Commons -of England: to these were joined Mr. Hampden, Dr. Sacheverell, -Mr. Poule, Colonel Titus, Sir Thomas Lee, all gentlemen -of quality, and noted parliamentary men. The two first -days, in which were read the commission and impeachment, -were but a tedious entrance into matter of fact, at which I -was but little present. But, on Thursday, I was commodiously -seated amongst the Commons, when the witnesses were -sworn and examined. The principal witnesses were Mr. -Oates (who called himself Dr.), Mr. Dugdale, and Turberville. -Oates swore that he delivered a commission to Viscount -Stafford from the Pope, to be Paymaster-General to an army -intended to be raised;—Dugdale [swore] that being at Lord -Aston's, the prisoner dealt with him plainly to murder his -Majesty; and Turberville, that at Paris he also proposed the -same to him.</p> - -<p><i>3rd December.</i> The depositions of my Lord's witnesses were -taken, to invalidate the King's witnesses; they were very -slight persons, but, being fifteen or sixteen, they took up all -that day, and in truth they rather did my Lord injury than -service.</p> - -<p><i>4th.</i> Came other witnesses of the Commons to corroborate -the King's, some being Peers, some Commons, with others of -good quality, who took off all the former day's objections, -and set the King's witnesses <i>recti in Curiâ</i>.</p> - -<p><span class="pagenum"><a name="Page_58" id="Page_58">{58}</a></span> -<i>6th.</i> Sir William Jones summoned up the evidence; to him -succeeded all the rest of the managers, and then Mr. Henry -Poule made a vehement oration. After this my Lord, as on -all occasions, and often during the trial, spoke in his own -defence, denying the charge altogether, and that he had never -seen Oates, or Turberville, at the time and manner affirmed; -in truth, their testimony did little weigh with me; Dugdale's -only seemed to press hardest, to which my Lord spake a great -while, but confusedly, without any method.</p> - -<p>One thing my Lord said as to Oates, which I confess did -exceedingly affect me: That a person who during his depositions -should so vauntingly brag that though he went over to -the church of Rome, yet he was never a Papist, nor of their -religion, all the time that he seemed to apostatise from the -Protestant, but only as a spy; though he confessed he took -their sacrament, worshipped images, went through all their -oaths, and discipline of their proselites, swearing secrecy and -to be faithful, but with intent to come over again and betray -them;—that such an hypocrite, that had so deeply prevaricated -as even to turn idolator (for so we of the Church of -England termed it), attesting God so solemnly that he was -entirely theirs and devoted to their interest, and consequently -(as he pretended) trusted;—I say, that the witness of such -a profligate wretch should be admitted against the life of a -peer,—this my Lord looked upon as a monstrous thing, and -such as must needs redound to the dishonour of our religion -and nation. And verily I am of his Lordship's opinion: such -a man's testimony should not be taken against the life of a -dog. But the merit of something material which he discovered -against Coleman, put him in such esteem with the -Parliament, that now, I fancy he stuck at nothing, and -thought everybody was to take what he said for gospel. The -consideration of this, and some other circumstances, began to -stagger me; particularly how it was possible that one who -went among the Papists on such a design, and pretended to -be intrusted with so many letters and commissions from the -Pope and the party, nay and delivered them to so many great -<span class="pagenum"><a name="Page_59" id="Page_59">{59}</a></span> -persons, should not reserve one of them to show, nor so much -as one copy of any commission, which he who had such dexterity -in opening letters might certainly have done, to the -undeniable conviction of those whom he accused; but, as I -said, he gained credit on Coleman. But, as to others whom -he so madly flew upon, I am little inclined to believe his -testimony, he being so slight a person, so passionate, so ill-bred, -and of such impudent behaviour; nor is it likely that -such piercing politicians as the Jesuits should trust him with -so high and so dangerous secrets.</p> - -<p><i>7th December.</i> On Tuesday I was again at the trial, when -judgment was demanded; and, after my Lord had spoken -what he could in denying the fact, the managers answering -the objections, the Peers adjourned to their House, and within -two hours returned again. There was, in the meantime, this -question put to the judges, "whether there being but one -witness to any single crime, or act, it could amount to convict -a man of treason." They gave an unanimous opinion that -in case of treason they all were overt acts, for though no man -should be condemned by one witness for any one act, yet -for several acts to the same intent it was valid; which was -my Lord's case. This being past, and the Peers in their seats -again, the Lord Chancellor Finch (this day the Lord High-Steward) -removing to the woolsack next his Majesty's state, -after summoning the lieutenant of the tower to bring forth -his prisoner, and proclamation made for silence, demanded -of every peer (who were in all eighty-six) whether William, -Lord Viscount Stafford, were guilty of the treason laid to his -charge, or not guilty.</p> - -<p>Then the Peer spoken to, standing up, and laying his right -hand upon his breast, said Guilty, or Not Guilty, upon my -honour, and then sat down, the Lord Steward noting their -suffrages as they answered upon a paper: when all had done, -the number of Not guilty being but 31, the Guilty 55: and -then, after proclamation for silence again, the Lord Steward -directing his speech to the prisoner, against whom the axe -was turned edgeways and not before, in aggravation of his -<span class="pagenum"><a name="Page_60" id="Page_60">{60}</a></span> -crime, he being ennobled by the King's father, and since -received many favours from his present Majesty: after enlarging -on his offence, deploring first his own unhappiness -that he who had never condemned any man before should -now be necessitated to begin with him, he then pronounced -sentence of death by hanging, drawing, and quartering, -according to form, with great solemnity and dreadful gravity; -and after a short pause, told the prisoner that he believed the -Lords would intercede for the omission of some circumstances -of his sentence, beheading only excepted; and then breaking -his white staff, the Court was dissolved. My Lord Stafford -during all this latter part spake but little, and only gave their -Lordships thanks after the sentence was pronounced; and -indeed behaved himself modestly, and as became him.</p> - -<p>It was observed that all his own relations of his name and -family condemned him, except his nephew, the Earl of -Arundel, son to the Duke of Norfolk. And it must be acknowledged -that the whole trial was carried on with exceeding -gravity: so stately and august appearance I had never seen -before; for besides the innumerable spectators of gentlemen -and foreign ministers, who saw and heard all the proceedings, -the prisoner had the consciences of all the Commons of England -for his accusers, and all the Peers to be his Judges and -Jury. He had likewise the assistance of what counsel he -would, to direct him in his plea, who stood by him. And yet -I can hardly think that a person of his age and experience -should engage men whom he never saw before (and one of -them that came to visit him as a stranger at Paris) <i>point -blank</i> to murder the King: God only who searches hearts, -can discover the truth. Lord Stafford was not a man beloved, -especially of his own family.</p> - -<p class="center gap-between">*****</p> - -<p><i>22nd.</i> A solemn public Fast that God would prevent all -Popish plots, avert his judgments, and give a blessing to the -proceedings of parliament now assembled, and which struck -at the succession of the Duke of York.</p> - -<p><i>29th.</i> The Viscount Stafford was beheaded on Tower-hill.</p> - -<div class="pagenum"><a name="Page_61" id="Page_61">{61}</a></div> - -<h2>CHARACTER OF SHAFTESBURY (1681).</h2> - -<p class="center small"><b>Source.</b>—Dryden's <i>Absalom and Achitophel</i>.</p> - -<div class="poetry-container"> -<div class="poetry"> -<div class="stanza"> - - <div class="verse indent2">... The false Achitophel<span class="fnanchor"><a - name="Ref_12" id="Ref_12" href="#Foot_12">[12]</a></span> was ...</div> - <div class="verse">A name to all succeeding ages curst.</div> - <div class="verse">For close designs and crooked counsels fit,</div> - <div class="verse">Sagacious, bold, and turbulent of wit,</div> - <div class="verse">Restless, unfixed in principles and place,</div> - <div class="verse">In power unpleased, impatient of disgrace;</div> - <div class="verse">A fiery soul, which working out its way,</div> - <div class="verse">Fretted the pigmy body to decay,</div> - <div class="verse">And o'er-informed the tenement of clay.</div> - <div class="verse">A daring pilot in extremity,</div> - <div class="verse">Pleased with the danger, when the wave went high,</div> - <div class="verse">He sought the storms; but, for a calm unfit,</div> - <div class="verse">Would steer too nigh the sands to boast his wit.</div> - <div class="verse">Great wits are sure to madness near allied,</div> - <div class="verse">And thin partitions do their bounds divide.</div> - <div class="verse">Else, why should he, with wealth and honour blest,</div> - <div class="verse">Refuse his age the needful hours of rest?</div> - <div class="verse">Punish a body which he could not please,</div> - <div class="verse">Bankrupt of life, yet prodigal of ease?</div> - <div class="verse">And all to leave what with his toil he won</div> - <div class="verse">To that unfeathered two-legged thing, a son</div> - <div class="verse">Got while his soul did huddled notions try,</div> - <div class="verse">And born a shapeless lump, like anarchy.</div> - <div class="verse">In friendship false, implacable in hate</div> - <div class="verse">Resolved to ruin or to rule the State.</div> - <div class="verse">To compass this the triple bond he broke,</div> - <div class="verse">The pillars of the public safety shook,</div> - <div class="verse">And fitted Israel<span class="fnanchor"><a - name="Ref_13" id="Ref_13" href="#Foot_13">[13]</a></span> for a foreign yoke.</div> - <div class="verse">Then, seized with fear, yet still affecting fame,</div> - <div class="verse">Usurped a patriot's all atoning name.</div> - <div class="verse">So easy still it proves in factious times</div> - <div class="verse">With public zeal to cancel private crimes.</div> - <div class="pagenum"><a name="Page_62" id="Page_62">{62}</a></div> - <div class="verse">How safe is treason and how sacred ill,</div> - <div class="verse">Where none can sin against the people's will;</div> - <div class="verse">Where none can wink and no offence be known,</div> - <div class="verse">Since in another's guilt they find their own!</div> - <div class="verse">Yet fame deserved no enemy can grudge:</div> - <div class="verse">The statesman we abhor, but praise the judge.</div> - <div class="verse">In Israel's courts ne'er sat an Abbethdin<span class="fnanchor"><a - name="Ref_14" id="Ref_14" href="#Foot_14">[14]</a></span></div> - <div class="verse">With more discerning eyes or hands more clean,</div> - <div class="verse">Unbribed, unsought, the wretched to redress,</div> - <div class="verse">Swift of despatch and easy of access.</div> - <div class="verse">Oh! had he been content to serve the Crown</div> - <div class="verse">With virtues only proper to the gown,</div> - <div class="verse">Or had the rankness of the soul been freed</div> - <div class="verse">From cockle that oppressed the noble seed,</div> - <div class="verse">David<span class="fnanchor"><a - name="Ref_15" id="Ref_15" href="#Foot_15">[15]</a></span> for him - his tuneful harp had strung</div> - <div class="verse">And Heaven had wanted one immortal song.</div> - <div class="verse">But, wild ambition loves to slide, not stand,</div> - <div class="verse">And Fortune's ice prefers to Virtue's land.</div> - <div class="verse">Achitophel, grown weary to possess</div> - <div class="verse">A lawful fame and lazy happiness,</div> - <div class="verse">Disdained the golden fruit to gather free</div> - <div class="verse">And lent the crowd his arm to shake the tree.</div> - <div class="verse">Now, manifest of crimes contrived long since,</div> - <div class="verse">He stood at bold defiance with his Prince,</div> - <div class="verse">Held up the buckler of the people's cause</div> - <div class="verse">Against the Crown, and skulked behind the laws.</div> - <div class="verse">The wished occasion of the Plot<span class="fnanchor"><a - name="Ref_16" id="Ref_16" href="#Foot_16">[16]</a></span> he takes;</div> - <div class="verse">Some circumstances finds, but more he makes;</div> - <div class="verse">By buzzing emissaries fills the ears</div> - <div class="verse">Of listening crowds with jealousies and fear</div> - <div class="verse">Of arbitrary counsels brought to light,</div> - <div class="verse">And proves the King himself a Jebusite.<span class="fnanchor"><a - name="Ref_17" id="Ref_17" href="#Foot_17">[17]</a></span></div> - <div class="verse">Weak arguments! which yet he knew full well</div> - <div class="pagenum"><a name="Page_63" id="Page_63">{63}</a></div> - <div class="verse">Were strong with people easy to rebel.</div> - <div class="verse">For governed by the moon, the giddy Jews<span class="fnanchor"><a - name="Ref_18" id="Ref_18" href="#Foot_18">[18]</a></span></div> - <div class="verse">Tread the same track when she the prime renews.</div> - <div class="verse">And once in twenty years, their scribes record,</div> - <div class="verse">By natural instinct they change their lord.</div> - <div class="verse">Achitophel still wants a chief, and none</div> - <div class="verse">Was found so fit as warlike Absalom.<span class="fnanchor"><a - name="Ref_19" id="Ref_19" href="#Foot_19">[19]</a></span></div> - <div class="verse">Not that he wished his greatness to create,</div> - <div class="verse">For politicians neither love nor hate:</div> - <div class="verse">But, for he knew his title not allowed</div> - <div class="verse">Would keep him still depending on the crowd:</div> - <div class="verse">That kingly power, thus ebbing out, might be</div> - <div class="verse">Drawn to the dregs of a democracy.</div> - <div class="verse">Him he attempts with studied arts to please.</div> - -</div> -</div> -</div> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_12" id="Foot_12" href="#Ref_12">[12]</a> -Shaftesbury.</p> - -<p class="nodent"><a name="Foot_13" id="Foot_13" href="#Ref_13">[13]</a> -England.</p> - -<p class="nodent"><a name="Foot_14" id="Foot_14" href="#Ref_14">[14]</a> -The President of the Jewish judicature. Shaftesbury had been -made Lord Chancellor in 1672.</p> - -<p class="nodent"><a name="Foot_15" id="Foot_15" href="#Ref_15">[15]</a> -Charles II.</p> - -<p class="nodent"><a name="Foot_16" id="Foot_16" href="#Ref_16">[16]</a> -The Popish Plot.</p> - -<p class="nodent"><a name="Foot_17" id="Foot_17" href="#Ref_17">[17]</a> -A Roman Catholic.</p> - -<p class="nodent"><a name="Foot_18" id="Foot_18" href="#Ref_18">[18]</a> -The English people.</p> - -<p class="nodent"><a name="Foot_19" id="Foot_19" href="#Ref_19">[19]</a> -Monmouth, whom Shaftesbury proposed as Charles II.'s successor -during the Exclusion controversy (1679-1681).</p> - -</div> - -<h2>JUDGE JEFFREYS—A CHARACTER SKETCH.</h2> - -<p class="center ssmall"><b>Source.</b>—North's <i>Lives of the Norths</i>. Vol. i., pp. 288-291. -Bohn edition.</p> - -<p>"Noisy in nature. Turbulent at first setting out. Deserter -in difficulties. Full of tricks. Helped by similar friendships. -Honesty, law, policy, alike."</p> - -<p>This, to conclude, is the summary character of the Lord -Chief Justice Jeffreys and needs no interpreter. And since -nothing historical is amiss in a design like this, I will subjoin -what I have personally noted of that man; and some things -of indubitable report concerning him. His friendships and -conversation lay among the good fellows and humorists; and -his delights were accordingly, drinking, laughing, singing, -kissing, and all the extravagances of the bottle. He had a -set of banterers, for the most part, near him; as in old time -men kept fools to make them merry. And these fellows -abusing one another and their betters, were a regale to him. -And no friendship or dearness could be so great in private -<span class="pagenum"><a name="Page_64" id="Page_64">{64}</a></span> -which he would not use ill, and to an extravagant degree, in -publick. No one that had any expectations from him was -safe from his public contempt and derision which some of his -minions at the bar bitterly felt. Those above or that could -hurt or benefit him, and none else, might depend on fair -quarter at his hands. When he was in temper and matters -indifferent came before him, he became his seat of justice -better than any other I ever saw in his place. He took a pleasure -in mortifying fraudulent attorneys and would deal forth his -severities with a sort of majesty. He had extraordinary -natural abilities, but little acquired beyond that practice in -affairs had supplied. He talked fluently and with spirit; and -his weakness was that he could not reprehend without scolding; -and in such Billingsgate language as should not come -out of the mouth of any man. He called it "giving a lick -with the rough side of his tongue." It was ordinary to hear -him say, "Go, you are a filthy, lousy, nitty rascal;" with -much more of like elegance. Scarce a day passed that he did -not chide some one or other of the bar when he sat in the -Chancery: and it was commonly a lecture of a quarter of an -hour long. And they used to say, "This is yours; my turn -will be to-morrow." He seemed to lay nothing of his business -to heart nor care what he did or left undone; and spent -in the Chancery court what time he thought fit to spare. Many -times on days of causes at his house, the company have waited -five hours in a morning, and after eleven, he hath come out -inflamed and staring like one distracted. And that visage -he put on when he animadverted on such as he took offence -at, which made him a terror to real offenders; whom also he -terrified, with his face and voice, as if the thunder of the day -of judgement broke over their heads; and nothing ever made -men tremble like his vocal inflictions. He loved to insult and -was bold without check; but that only when his place was -uppermost. To give an instance. A city attorney was petitioned -against for some abuse; and affidavit was made that -when he was told of my lord chancellor, "My lord chancellor," -said he, "I made him;" meaning his being a means to bring -<span class="pagenum"><a name="Page_65" id="Page_65">{65}</a></span> -him early into city business. When this affidavit was read, -"Well," said the lord chancellor, "then I will lay my maker -by the heels." And with that conceit one of his best old -friends went to jail. One of these intemperances was fatal to -him. There was a scrivener of Wapping brought to hearing -for relief against a bummery bond<span -class="fnanchor"><a name="Ref_20" id="Ref_20" href="#Foot_20">[20]</a></span>; the contingency of losing -all being showed, the bill was going to be dismissed. But -one of the plaintiff's counsel said that he was a strange fellow, -and sometimes went to church, sometimes to conventicles; -and none could tell what to make of him; and "it was thought -he was a trimmer." At that the chancellor fired; and "A -trimmer!" said he; "I have heard much of that monster, -but never saw one. Come forth Mr. Trimmer, turn you -round and let us see your shape:" and at that rate talked so -long that the poor fellow was ready to drop under him; but -at last, the bill was dismissed with costs, and he went his way. -In the hall, one of his friends asked him how he came off? -"Came off," said he, "I am escaped from the terrors of that -man's face which I would scarce undergo again to save my -life; and I shall certainly have the frightful impression of it -as long as I live." Afterwards when the Prince of Orange -came, and all was in confusion, this lord chancellor, being -very obnoxious, disguised himself in order to go beyond sea. -He was in a seaman's garb and drinking a pot in a cellar. -This scrivener came into the cellar after some of his clients; -and his eye caught that face which made him start; and the -chancellor, seeing himself eyed, feigned a cough and turned -to the wall with his pot in his hand. But Mr. Trimmer went -out and gave notice that he was there; whereupon the mob -flowed in and he was in extreme hazard of his life; but the -lord mayor saved him and lost himself. For the chancellor -being hurried with such crowd and noise before him, and -so dismally not only disguised but disordered; and there -having been an amity betwixt them, as also a veneration on -the lord mayor's part, he had not spirits to sustain the shock -but fell down in a swoon; and, in not many hours after, died. -<span class="pagenum"><a name="Page_66" id="Page_66">{66}</a></span> -But this Lord Jeffries came to the seal without any concern -at the weight of duty incumbent upon him; for at the first being -merry over a bottle with some of his old friends, one of them -told him that he would find the business heavy. "No," said -he, "I'll make it light." But, to conclude with a strange -inconsistency, he would drink and be merry, kiss and slaver, -with these bon companions over night, as the way of such is, -and the next day fall upon them ranting and scolding with -a virulence insufferable.</p> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_20" id="Foot_20" href="#Ref_20">[20]</a> -A mortgage on a ship.</p> - -</div> - -<h2>THE TRIAL OF THE SEVEN BISHOPS (1688).</h2> - -<p class="center small"><b>Source.</b>—Bishop Kennet's <i>Complete History</i>, vol. iii., pp. 484-486. -1706 edition.</p> - -<p>On June 15, came on the Bishop's Tryal, the most Important, -perhaps, that was ever known before in Westminster-Hall; -not only Seven Prelates Contending for the Rights of -the <i>Anglican</i> Church, but Seven Peers of the Realm Standing -up for the Liberties of England. The Court of King's-Bench -being Sat, His Majesty's Attorney-General mov'd for a <i>Habeas -Corpus</i>, directed to Sir <i>Edward Hales</i> Lieutenant of the <i>Tower</i>, -to bring up His Grace the Lord Arch-Bishop of <i>Canterbury</i>, -and the Six Bishops; which was granted, and the Prisoners -were accordingly brought up by Water. At their Landing, -they were receiv'd by several Divines, and Persons of Quality, -and by a vast Concourse of People, who with repeated acclamations -uttered wishes for their Deliverance. On the Bench -sate Sir Robert Wright, Lord Chief-Justice, and Mr. Justice -Holloway, two of the King's Creatures; Mr. Justice <i>Powell</i> -a Protestant of great Integrity, and Mr. Justice Allibone a -profess'd Papist. The Councel for the King, was Sir <i>Thomas -Powis</i> Attorney-General, Sir William Williams Solicitor-General, -Sir <i>Bartholomew Shower</i> Recorder of <i>London</i>, Serjeant -<i>Trinder</i> a Papist, etc. And for the Prisoners, Sir <i>Robert -Sawyer</i>, Mr. <i>Finch</i>, Mr. <i>Pollexfen</i>, Sir <i>George Treby</i>, Serjeant -<i>Pemberton</i>, Serjeant <i>Levinz</i>, and the last and greatest, Mr. -<i>Somers</i>. The Court was extremely fill'd, and with Persons -of the Highest Quality, as if they interpos'd in the last Tryal -<span class="pagenum"><a name="Page_67" id="Page_67">{67}</a></span> -for the Liberties of the Church and Nation; The Marquesses -of <i>Hallifax</i> and <i>Worcester</i>, the Earls of <i>Shrewsbury</i>, <i>Kent</i>, -<i>Bedford</i>, <i>Dorset</i>, <i>Bullingbrooke</i>, <i>Manchester</i>, <i>Burlington</i>, -<i>Carlisle</i>, <i>Danby</i>, <i>Radnor</i> and <i>Nottingham</i>; Viscount <i>Falconberg</i>, -and the Lords Grey of <i>Ruthyn</i>, <i>Paget</i>, <i>Shandois</i>, <i>Vaughan</i>, -and <i>Carberry</i>. The Return and Warrant being read, the -Attorney-General mov'd, That the Information might be -read to the Prisoners, and that they might immediately -Plead to it. This Motion the Bishops' Councel opposed; -Objecting, First, that the Prisoners were Committed by the -Lord Chancellor, and some other of the Privy Council, without -expressing the Warrant, That it was by Order of the Privy-Council; -and therefore, That the Commitment was Illegal, -and that the Prisoners were not Legally in Court. And, -Secondly, That the Fact for which they were Committed -was such, as they ought not to have been Imprison'd for; -because a Peer ought not to be Committed, in the first -Instance, for a Misdemeanor. Judge <i>Powel</i> refused to deliver -his Opinion, before he had consulted Books: But the Lord -Chief-Justice, Judge <i>Allibone</i> and Judge <i>Holloway</i> Agreed, -That the Fact charg'd in the Warrant, was such a Misdemeanor, -as was a Breach of the Peace; and therefore, That -the Information ought to be read, and the Bishops must -Plead to it. After the reading of the Information, the -Bishops' Councel desir'd that they might have an Imparlance -till the next Term, to consider what they had to Plead. Sir -Samuel <i>Astry</i>, Clerk of the Crown, being ask'd what was the -Course of the Court? Answer'd, that of late Years, if a Man -appear'd upon a Recognizance, or was a Person in Custody, -he ought to Plead at the first Instance; but that he had -known it to be at the Discretion of the Court to grant what -Line they pleas'd. After this Answer, the Lord Chief-Justice -declar'd, That the Bishops should now Plead to the Information. -Thereupon the Lord Arch-Bishop of <i>Canterbury</i> offer'd -a Plea in behalf of himself and his Brethren the other Defendants, -alledging, <i>That they were Peers of this Kingdom of</i> -<span class="smcap">England</span>, <i>and Lords of Parliament, and ought not to be compell'd -<span class="pagenum"><a name="Page_68" id="Page_68">{68}</a></span> -to Answer instantly, for the Misdemeanour mentioned -in the Information; but that they ought to be requir'd to Appear -by due Process of Law; and upon their Appearance, to have -a Copy of the said Information, and reasonable Time given -them to Imparle thereupon</i>. The King's Councel labour'd hard -to have the Plea rejected. After a long Debate, Judge <i>Powel</i> -said, He was for receiving the Plea, and Considering of it; -but the rest of the Judges declar'd for Rejecting of it: So the -Prisoners at last Pleaded, <i>Not Guilty</i>. The King's Councel -pray'd, the Clerk might join Issue on behalf of the King; -and desir'd the Defendants to take Notice, That they intended -to Try this Cause on that Day Fortnight; adding That they -were Bailable, if they pleas'd. Sir <i>Robert Sawyer</i> desir'd, that -their own Recognizance might be taken; which was readily -granted.</p> - -<p>On <i>June 29</i> the Bishops Appear'd before the Court of -<i>King's Bench</i>, according to their Recognizance, the Appearance -being still greater than a Fortnight before; for there were now -present the Marquesses of <i>Halifax</i>, and <i>Worcester</i>, the Earls -of <i>Shrewsbury</i>, <i>Kent</i>, <i>Bedford</i>, <i>Pembroke</i>, <i>Dorset</i>, <i>Bullenbrooke</i>, -<i>Manchester</i>, <i>Rivers</i>, <i>Stamford</i>, <i>Carnarven</i>, <i>Chesterfield</i>, <i>Scarsdale</i>, -<i>Clarendon</i>, <i>Danby</i>, <i>Sussex</i>, <i>Radnor</i>, <i>Nottingham</i> and -<i>Abington</i>, Viscount <i>Falconberg</i>, and the Lords <i>Newport</i>, <i>Grey</i> -of <i>Ruthyn</i>, <i>Paget</i>, <i>Shandois</i>, <i>Vaughan</i>, <i>Carberry</i>, <i>Lumley</i>, -<i>Carteret</i> and <i>Ossulston</i>. This splendid Appearance was chiefly -owing to the indefatigable Care and Solicitation of the Clergy, -and especially of the Reverend Dr. <i>Tennison</i>. And indeed, -the making such a Figure in the Court, had possibly some -good Effect upon the Jury, if not upon the Bench: And it -was afterwards observ'd by way of Jesting upon Words -<i>That the Bishops were Deliver'd by the</i> Nobilee <i>before, and -the</i> Mobilee <i>behind</i>. The Information being Read, and Open'd -to the Jury; the Attorney-General, to take off the Odium -of this Prosecution, and in some measure to pacify the People, -who could not forbear showing their Resentments, even in -the face of the Court, began with Observing, First, That the -Bishops were not Prosecuted as Bishops, much less for any -<span class="pagenum"><a name="Page_69" id="Page_69">{69}</a></span> -Point or Matter of Religion, but as Subjects of this Kingdom, -and only for a Temporal Crime, as having censur'd and -Affronted the King to his very Face. Secondly, That they -were not Prosecuted for Omitting to do any thing; but as -they were Actors in Accusing, and, in effect, of Arraigning -His Majesty, and his Government &c. A great deal of Time -was spent in Proving, that the Petition produc'd in Court, -was the Hand writing of the Arch-Bishop of <i>Canterbury</i>; That -it was Signed by him and the Six Bishops; And that it was -the same which was Presented to His Majesty. After an -Elaborate Proof of these Particulars, by the Depositions of -Sir <i>John Nicholas</i> ... and by the Earl of <i>Sunderland</i>, who in -Court affirm'd, That he Introduced the Bishops, and was in -the Room when they deliver'd the said <i>Petition</i> to His Majesty. -The Fact being Prov'd, the Bishop's Councel were very -Learned and Eloquent in Defence of their Clients: Mr. <i>Somers</i> -spoke last, and mention'd the great Case of <i>Thomas</i> and -<i>Sorrel</i> in the <i>Exchequer-Chamber</i>, upon the Validity of a -<i>Dispensation</i>; urging, That there it was the Opinion of every -one of the Judges, That there never could be an Abrogation, -or a Suspension (which is a Temporary Abrogation) of an Act -of Parliament, but by the Legislative Power: That indeed -it was Disputed, how far the King might Dispense with the -Penalties in such a particular Law, as to particular Persons; -but it was Agreed by all, That the King had no Power to -Suspend any Law: That by the Law of all Civiliz'd Nations, -If the Prince does require something to be done, which the -Person who is to do it takes to be Unlawful; it is not only -Lawful, but his Duty, <i>Rescribere Principi</i>; which is all the -Bishops had done here, and that in the most humble manner: -That as to Matters of Fact alleg'd in the said <i>Petition</i>, there -cou'd be no Design to Diminish the Prerogative, because the -King had no such Prerogative: That the <i>Petition</i> cou'd not -be Seditious, because it was Presented to the King in Private, -and Alone; Nor False, because the Matter of it was True; -Nor Malicious, for the Occasion was not sought, the Thing -was press'd upon them; Nor, in short, a Libel, because the -<span class="pagenum"><a name="Page_70" id="Page_70">{70}</a></span> -Intent was Innocent, and they kept within the Bounds set -by the Act of Parliament, that gives the Subject leave to apply -to his Prince by Petition, when he is aggriev'd.</p> - -<p>When the Councel on both sides had done, Chief-Justice -<i>Wright</i> summ'd up the Evidence, and told the Jury, That -Sometimes the <i>Dispensing Power</i> had been allow'd, as in -Richard IId's time, and sometimes deny'd; but that it was -a Question out of the present Case; If they believ'd the -Petition to be the same that was Presented by the Bishops -to the King, then the Publication was sufficiently Prov'd: -And whatever tended to Disturb the Government, or make -a Stir among the People, was certainly within the Name -of <i>Libellus Famosus</i>; and his opinion, in short, was, That the -Bishops <i>Petition</i> was a <i>Libel</i>.</p> - -<p>Mr. Justice <i>Holloway</i> declar'd, That the End and Intention -of every Action was to be Consider'd: That the Bishops -were Charg'd with Delivering a <i>Petition</i> which, according to -their Defence, was done with all the Humility and Decency -imaginable: That the Delivering of a <i>Petition</i> could be no -fault, it being the right of every Subject to <i>Petition</i>: Therefore, -if the Jury were satisfy'd, They did it with no Ill Intention, -but only to shew the Reasons for their Disobedience to the -King's Command, he cou'd not think it to be a <i>Libel</i>.</p> - -<p>Mr. Justice <i>Powel</i> more plainly declar'd, That He could -discern no Sedition or any other Crime fixed upon the Bishops, -since there was nothing offer'd by the King's Councel to render -the <i>Petition</i> False, Seditious or Malicious. He admonish'd -the Jury to Consider that the Contents of the <i>Petition</i> were, -That the Bishops Apprehended the <i>Declaration to be Illegal, -as being founded upon a</i> Dispensing Power <i>claim'd by the -King</i>; and that for his Part he did not remember in any -Case in all the Law, that there was any such Power in the -King, and if not, the <i>Petition</i> could not be a Libel. He concluded -with telling them, That he could see no Difference -between the King's Power to <i>Dispense</i> with the Laws Ecclesiastical, -and his Power to Dispense with any Laws whatsoever: -That if this was once allow'd of, there would be no need of -<span class="pagenum"><a name="Page_71" id="Page_71">{71}</a></span> -Parliaments, and all the Legislature would be in the King, -and so he left the Issue to God and their Consciences.</p> - -<p>Mr. Justice <i>Allibone</i> was prepossess'd against Protestant -Bishops, and to deliver his Opinion of their Guilt, he laid down -Two odd Positions; 1. That no Man can take upon him to -Write against the Actual Exercise of the Government, unless -he have Leave from the Government, but he makes a Libel -by what he Writes, whether True or False. 2. That no private -Man can take upon him to Write concerning the Government; -and therefore if he intrudes himself into the Affairs of the -Publick, he is a Libeller for so doing. These Positions he -back'd by a Resolution of the Judges of King James 1st's -Time; <i>That to frame a</i> Petition <i>to the King to put the Penal -Laws in Execution, was next Door to Treason</i>; which is a gross -Misquotation, instead of a Petition <i>against the Penal Laws</i>, -and for which, being taken up by Justice <i>Powel</i> and Serjeant -<i>Pemberton</i>, little Heed was given to any thing he said afterwards. -Whereupon the Jury withdrew, sat up all Night, and -next Morning brought in the Reverend Prelates, <i>Not Guilty</i>.</p> - -<p>There were immediately very Loud Acclamations thro' -<i>Westminster</i>-Hall, and the Words <i>Not Guilty</i>, <i>Not Guilty</i>, went -round with such Shouts and Huzza's, that the King's Sollicitor -mov'd very earnestly that such as had shouted in the Court -might be Committed; whereupon a Gentleman of <i>Grey's-Inn</i> -was laid hold on, but soon discharged with this short Reproof -from the Chief-Justice; "<i>Sir, I am as glad as you can be that -Lords the Bishops are Acquitted but ... you might Rejoice in -your Chamber ... and not here</i>."</p> - -<h2>THE INVITATION TO THE PRINCE OF ORANGE (1688).</h2> - -<p class="indc small"><b>Source.</b>—Mackintosh: <i>History of the Revolution in England, in -1688</i>. London, 1834. Appendix III., p. 691. (Reprinted -from MS. in British Museum.)</p> - -<p>We have great satisfaction to find, by 35, and since, by -Mons. Zuylistein, that your Highness is so ready and willing -to give us such assistance as they have related to us. We -<span class="pagenum"><a name="Page_72" id="Page_72">{72}</a></span> -have great reason to believe we shall be every day in a worse -condition than we are, and less able to defend ourselves, and, -therefore, we do earnestly wish we might be so happy as to -find a remedy before it be too late for us to contribute to our -own deliverance; but, although these be our wishes, yet we -will by no means put your Highness into any expectations -which may misguide your own councils in this matter; so that -the best advice we can give is, to inform your Highness truly -both of the state of things here at this time, and of the difficulties -which appear to us. As to the first, the people are -so generally dissatisfied with the present conduct of the -government in relation to their religion, liberties, and properties -(all which have been greatly invaded); and they are -in such expectations of their prospects being daily worse, -that your Highness may be assured there are nineteen parts -of twenty of the people throughout the kingdom who are -desirous of a change; and who, we believe, would willingly -contribute to it, if they had such a protection to countenance -their rising, as would secure them from being destroyed, -before they could get to be in a posture able to defend themselves: -it is no less certain, that much the greatest part of -the nobility and gentry are as much dissatisfied, although it -be not safe to speak to many of them beforehand; and there -is no doubt but that some of the most considerable of them -would venture themselves with your Highness at your first -landing, whose interest would be able to draw great numbers -to them, whenever they could protect them, and the raising -and drawing men together; and, if such a strength could be -landed as were able to defend itself and them, till they could -be got together into some order, we make no question but -that strength would be quickly increased to a number double -to the army here, although their army should remain firm -to them; whereas we do, upon very good grounds, believe, -that their army then would be very much divided among -themselves; many of the officers being so discontented, that -they continue in their service only for a subsistence (besides -that some of their minds are known already): and very many -<span class="pagenum"><a name="Page_73" id="Page_73">{73}</a></span> -of the common soldiers do daily show such an aversion to the -Popish religion, that there is the greater probability imaginable -of great numbers of deserters which would come from -them, should there be such an occasion; and amongst the -seamen, it is almost certain that there is not one in ten who -would do them any service in such a war. Besides all this, -we do much doubt whether this present state of things will -not yet be much changed to the worse, before another year, -by a great alteration, which will probably be made both -in the officers and soldiers of the army, and by such other -changes as are not only to be expected from a packed parliament, -but what the meeting of any parliament, in our present -circumstances, may produce against those who will be looked -upon as principal obstructers of their proceedings there; -it being taken for granted, that, if things cannot then be -carried to their wishes in a parliamentary way, other measures -will be put in execution by more violent means; and, although -such proceedings will then heighten the discontent, yet such -courses will, probably, be taken at that time, as will prevent -all possible means of relieving ourselves.</p> - -<p>These considerations make us of opinion, that this is a -season in which we may more probably contribute to our -own safeties than hereafter (although we must own to your -Highness there are some judgments differing from ours in this -particular), in so much that, if the circumstances stand so -with your Highness, that you believe you can get here time -enough in a condition to give assistance this year sufficient -for a relief under those circumstances which have been now -represented, we who subscribe this will not fail to attend -your Highness upon your landing, and to do all that lies -in our power to prepare others to be in as much readiness as -such an action is capable of, where there is so much danger -in communicating an affair of such a nature, till it be near -the time of its being made public. But, as we have already -told your Highness, we must also lay our difficulties before -your Highness; which are chiefly, that we know not what -alarum your preparations for this expedition may give, or -<span class="pagenum"><a name="Page_74" id="Page_74">{74}</a></span> -what notice it will be necessary for you to give the states -beforehand, by either of which means their intelligence or -suspicions here may be such as may cause us to be secured -before your landing; and we must presume to inform your -Highness, that your compliment upon the birth of the child -(which not one in a thousand here believes to be the Queen's) -hath done you some injury; the false imposing of that upon -the Princess and the nation being not only an infinite exasperation -of people's minds here, but being certainly one of -the chief causes upon which the declaration of your entering -the Kingdom in a hostile manner must be founded upon your -part, although many other reasons are to be given on ours. -If, upon a due consideration of all these circumstances, your -Highness shall think fit to venture upon the attempt, or, at -least, to make such preparations for it as are necessary (which -we wish you may), there must be no more time in letting us -know your resolution concerning it, and in what time we -may depend that all the preparations will be ready; as also -whether your Highness does believe the preparations can be -so managed as not to give them warning here, both to make -them increase their force, and to secure those they shall suspect -would join with you. We need not say any thing about -ammunition, artillery, mortar-pieces, spare arms, etc., because, -if you think fit to put any thing in execution, you will provide -enough of these kinds, and will take care to bring some good -engineers with you; and we have desired Mr. H.<span -class="fnanchor"><a name="Ref_21" id="Ref_21" href="#Foot_21">[21]</a></span> to consult -you about all such matters, to whom we have communicated -our thoughts in many particulars too tedious to have been -written, and about which no certain resolutions can be taken -till we have heard again from your Highness.</p> - -<table id="signatures" summary="signatures"> - -<tr> - <td>25</td> - <td>24</td> - <td>27</td> - <td>29</td> - <td>31</td> - <td>35</td> - <td>33</td> -</tr> - -<tr> - <td><span class="smcap">Sh.</span><span class="fnanchor"><a - name="Ref_22" id="Ref_22" href="#Foot_22">[22]</a></span></td> - <td><span class="smcap">Dev.</span><span class="fnanchor"><a - name="Ref_23" id="Ref_23" href="#Foot_23">[23]</a></span></td> - <td><span class="smcap">Danby</span></td> - <td><span class="smcap">Lumley</span></td> - <td><span class="smcap">London</span><span class="fnanchor"><a - name="Ref_24" id="Ref_24" href="#Foot_24">[24]</a></span></td> - <td><span class="smcap">Russell</span><span class="fnanchor"><a - name="Ref_25" id="Ref_25" href="#Foot_25">[25]</a></span></td> - <td><span class="smcap">Sydney</span><span class="fnanchor"><a - name="Ref_26" id="Ref_26" href="#Foot_26">[26]</a></span></td> -</tr> - -</table> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_21" id="Foot_21" href="#Ref_21">[21]</a> -Admiral Herbert.</p> - -<p class="nodent"><a name="Foot_22" id="Foot_22" href="#Ref_22">[22]</a> -Shrewsbury.</p> - -<p class="nodent"><a name="Foot_23" id="Foot_23" href="#Ref_23">[23]</a> -Devonshire.</p> - -<p class="nodent"><a name="Foot_24" id="Foot_24" href="#Ref_24">[24]</a> -Compton, Bishop of London.</p> - -<p class="nodent"><a name="Foot_25" id="Foot_25" href="#Ref_25">[25]</a> -Admiral Russell.</p> - -<p class="nodent"><a name="Foot_26" id="Foot_26" href="#Ref_26">[26]</a> -Henry Sidney.</p> - -</div> - -<div class="pagenum"><a name="Page_75" id="Page_75">{75}</a></div> - -<h2>THE COMING OF WILLIAM OF ORANGE (1688).</h2> - -<p class="center small"><b>Source.</b>—From Burnet's <i>History of His Own Times</i>, pp. 286-293. -Abridged edition, 1841.</p> - -<p>Torbay was thought the best place for the fleet to lie in, -and it was proposed to land the army as near as possible; -but when it was perceived next morning, that we had overrun -it, and had nowhere to go now but to Plymouth, where we -could promise ourselves no favourable reception, the Admiral -began to give up all for lost, till the wind abating, and turning -to the south, with a soft and gentle gale carried the whole -fleet into Torbay in the space of four hours.</p> - -<p>The foot immediately went on shore, the horse were next -day landed, and the artillery and heavy baggage sent to -Topsham, the seaport of Exeter, where the Prince intended -to stay some time, both to refresh his men and to give the -country an opportunity to declare its affections. When the -Prince entered Exeter, the Bishop and Dean ran away, the -clergy stood off, the magistrates were fearful, and it was full -a week before any gentlemen of the country joined him, -though they saw every day persons of condition coming in to -him—among the first of whom was Lord Colchester, eldest -son to the Earl of Rivers, Lord Wharton, Lord Abingdon, and -Mr. Russell, Lord Russell's brother.</p> - -<p>Seymour was then Recorder of Exeter. He joined the -Prince, with several other gentlemen of quality and estate, -and gave the good advice of having an association signed by -all who come in, as the only means to prevent desertion, and -to secure them entirely to the Prince's party.</p> - -<p>The heads of the university of Oxford sent Dr. Finch, son -to the Earl of Winchelsea, then made Warden of All Souls -College, to assure the Prince that they would declare for -him, inviting him at the same time to come to Oxford, and -to accept of their plate if he needed it. A sudden turn from -those principles which they carried so high not many years -before! But all this was but a small accession.</p> - -<p>The King came down to Salisbury, and sent his troops -<span class="pagenum"><a name="Page_76" id="Page_76">{76}</a></span> -twenty miles farther; whereupon the Prince, leaving Devonshire -and Exeter under Seymour's government, with a small -garrison and the heavy artillery under Colonel Gibson, who -was made Deputy Governor as to the military part, advanced -with his army; and understanding that some officers of note -(Lord Cornbury, Colonel Langston, and others) designed to -come over and bring their men with them, but that they could -not depend on their subalterns, he ordered a body of his men -to advance, and favour their revolt. The parties were within -two miles of one another, when the whisper ran about that -they were betrayed, which put them in such confusion that -many rode back, though one whole regiment, and about a -hundred besides, came over in a body, which gave great -encouragement to the Prince's party, and (as it was managed -by the flatterers) was made an instance to the King of his -army's fidelity to him, since those who attempted to lead -their regiments away were forced to do it by stratagem, -which, as soon as they perceived, they deserted their leaders -and came back.</p> - -<p>But all this would not pacify the King's uneasy mind. -His spirits sank, his blood was in such a fermentation that it -gushed out of his nose several times a day, and with this hurry -of thought and dejection of mind all things about him began -to put on a gloomy aspect. The spies that he sent out took -his money, but never returned to bring him any information; -so that he knew nothing but what common report told him, -which magnified the number of his enemies, and made him -believe the Prince was coming upon him before he had moved -from Exeter. The city of London, he heard, was unquiet; -the Earls of Devonshire and Danby and Lord Lumley were -drawing great bodies of men in Yorkshire; the Lord Delamere -had a regiment in Cheshire; York and Newcastle had declared -for the Prince; and the bulk of the nation did so evidently -discover their inclinations for him, that the King saw he had -nothing to trust to but his army; and the army, he began to -fear, was not to be relied on. In conclusion, when he heard -that Lord Churchill and the Duke of Grafton (who was one of -<span class="pagenum"><a name="Page_77" id="Page_77">{77}</a></span> -King Charles's sons by the Duchess of Cleveland), and the -most gallant of all he had, were gone to the Prince, and soon -after that Prince George, the Duke of Ormond, and the Lord -Drumlanrig, eldest son to the Duke of Queensberry, had forsaken -him, he was quite confounded, and not knowing whom -to depend on any longer, or what further designs might be -against him, he instantly went to London.</p> - -<p>The Princess Anne, when she heard of the King's return, -was so struck with the apprehension of his displeasure, and -what possibly might be the consequence of it, that she persuaded -Lady Churchill to prevail with the Bishop of London -to carry them both off. The Bishop, as it was agreed, -received them about midnight at the back-stairs, and carried -them to the Earl of Dorset's, where they were furnished with -what they wanted, and so conducted them to Northampton, -where that Earl soon provided a body of horse to serve the -Princess as her guard; and not long after a small army was -formed about her, which, according to their desire, was commanded -by the Bishop of London.</p> - -<p>At this time there was a foolish ballad went about, treating -the Papists, and chiefly the Irish, in a ridiculous manner, which -made an impression on the army, and thence on the whole -country, not to be imagined but by those who saw it; and -a bold man adventured to publish in the Prince's name -another Declaration, setting forth the desperate designs of -the Papists, and the great danger the nation was in by their -means, and requiring all persons to turn them out of their -employments, to secure all strong places, and to do their -utmost in order to execute the laws, and bring all things -again into their proper channel. The paper was penned with -a good spirit, though none ever claimed the merit of it, and -no doubt being made but that it was published by the Prince's -direction, it set everything to work, and put the rabble and -apprentices to pulling down mass-houses and doing many -irregular actions.</p> - -<p>When the King saw himself thus forsaken, not only by those -whom he had trusted and favoured most, but even by his -<span class="pagenum"><a name="Page_78" id="Page_78">{78}</a></span> -own children, the army in the last distraction, the country on -every side revolting, and the city in an ungovernable fermentation, -he called a general meeting of all the Privy Councillors -and Peers in town to ask their advice and what was fit to be -done. The general advice was that he should send commissioners -to the Prince to treat with him, which, though -sore against the King's inclination, the dejection he was in -and the desperate state of his affairs made him consent to. -The persons appointed were the Marquis of Halifax, the Earl -of Nottingham, and the Lord Godolphin; and when they -had waited on the Prince at Hungerford, desiring to know -what it was that he demanded, after a day's consultation -with those who were about him, he returned answer "that -he desired a Parliament might be presently called, and no one -continued in any employment who would not qualify himself -according to law; that the Tower of London might be put -in the keeping of the City, and the fleet and all strong places -in the hands of Protestants; that the armies on both sides -might not, while the Parliament was sitting, come within -twenty miles of London; that a proportion of the revenue -might be set apart for the payment of the Prince's army, and -himself allowed to come to London with the same number of -guards that the King had."</p> - -<p>These were the Prince's demands, which, when the King -read, he owned more moderate than he expected; but before -they came to his hands he had engaged himself in other -resolutions. The priests and all violent Papists, who saw -that a treaty with the Prince would not only ruin their whole -design, but expose them as a mark and sacrifice to the malice -of their enemies, persuaded the Queen that she would certainly -be impeached, that witnesses would be set up against -her and her son, and that nothing but violence could be -expected. With these suggestions they wrought upon her -fear so far, that she not only resolved to go to France herself, -and take the child with her, but prevailed with the King -likewise to follow her in a few days. The Queen went down -to Portsmouth, and from thence in a man-of-war went over -<span class="pagenum"><a name="Page_79" id="Page_79">{79}</a></span> -to France, taking along with her the midwife and those who -were concerned in her son's birth, who not long after were all -so disposed of that it never could be yet learned what became -of them; and on the 10th of December, about three in the -morning, the King went away in disguise with Sir Edward -Hales, whose servant he pretended to be. They passed the -river, throwing the Great Seal into it, which was afterwards -found by a fisherman near Vauxhall, and in a miserable -fisher-boat, which Hales had provided to carry them over to -France, when, not having gone far, some fishermen of Feversham, -who were watching for priests and such other delinquents -as they fancied were making their escape, came up to -them, and knowing Sir Edward Hales, took both the King -and him, and brought them to Feversham.</p> - -<p>It was strange that a great King, who had a good army -and a strong fleet, should choose rather to abandon all than -either try his fate with that part of the army that stood firm -to him, or stay and see the issue of Parliament. This was -variously imputed to his want of courage, his consciousness -of guilt, or the advice of those about him; but so it was that -his deserting in this manner, and leaving them to be pillaged -by an army that he had ordered to be disbanded without pay, -was thought the forfeiture of his right, and the expiration of -his reign; and with this notion I now proceed to relate what -passed in the Interregnum (though under the same title still) -until the throne, which was then left vacant, came to be -filled.</p> - -<p>When it was noised about town that the King was gone, -the apprentices and rabble, supposing the priests had persuaded -him to it, broke out again with fresh fury upon all -suspected houses, and did much havoc in many places. They -met with Jeffreys as he was making his escape in disguise, -and he being known by some of them, was insulted with all -the scorn and rudeness that malice could invent, and after -some hour's tossing about, was carried to the Lord Mayor to -be committed to the Tower, which Lord Lucas had now -seized, and in it declared for the Prince.</p> - -<p><span class="pagenum"><a name="Page_80" id="Page_80">{80}</a></span> -The Lord Mayor was so struck with the terror of the rude -populace, and with the disgrace of a man who had made all -people tremble before him, that he fell into fits of which he -died soon after; but to prevent all future disorders in the -City, he called a meeting of the Privy Councillors and Peers at -the Guildhall, who all agreed to send an invitation to the Prince, -desiring him to come and take the government of the nation -into his hands until a Parliament should meet and reduce -all things to a proper settlement.</p> - -<p>The Prince was at Abingdon when the news of the King's -desertion and the City's disorder met him, and upon this it -was proposed that he should make all imaginable haste to -London; but some were against it, because, though there had -been but two small actions, one at Winkinton, in Dorsetshire, -and the other at Reading, during the whole campaign, in -neither of which the King's forces gave them much reason to -dread them, yet there were so many of the disbanded soldiers -scattered along the road, all the way to London, that it was -thought unsafe for the Prince to advance faster than his troops -could march before him, which delay was attended with very -bad consequences. When the people of Feversham understood -that it was the King they had in their custody, they changed -their rough usage into all the respect they could possibly pay -him. The country came in, and were moved with this astonishing -instance of all worldly greatness, that he who had -ruled three kingdoms, and might have been arbiter of all -Europe, was now found in such mean hands, and in so low -an equipage; and when the news was brought to London, all -the indignation that was formerly conceived against him was -turned into pity and compassion. The Privy Council upon -this occasion met, and agreed to have the King sent for. The -Earl of Feversham went with the coaches and guards to bring -him back. In his passage through the City he was welcomed -by great numbers with loud acclamations of joy, and at his -coming to Whitehall had a numerous Court; but when he -came to reflect on the state of his affairs, he found them in -so ruinous a condition, that there was no possibility of making -<span class="pagenum"><a name="Page_81" id="Page_81">{81}</a></span> -any stand; and therefore he sent the Earl of Feversham (but -without demanding a pass) to Windsor, to desire the Prince -to come to St. James's and consult with him the best means -of settling the nation.</p> - -<p>The Prince had some reason to take this procedure of the -Council amiss, after they had invited him to take the government -into his own hands; and because the Earl of Feversham -had commanded the army against him, and was now come -without a passport, it was thought advisable to put him in -arrest. The tender point was how to dispose of the King's -person; and when some proposed rougher methods, such as -keeping him in prison or sending him to Breda, at least until -the nation was settled, the Prince would not consent to it; -for he was for no violence or compulsion upon him, though -he held it necessary for their mutual quiet and safety that -he should remove from London.</p> - -<p>When this was resolved on, the Lords Halifax, Shrewsbury -and Delamere were appointed to go and order the English -guards to be drawn off, and sent into country quarters, -while Count Solms with the Dutch was to come and take all -the posts about Court. The thing was executed without -resistance, but not without murmuring, and it was near midnight -before all was settled, when the lords sent notice to the -King that they had a message to deliver to him. They told -him "the necessity of affairs required that the Prince should -come presently to London, and they thought it would conduce -both to the safety of the King's person and the quiet of the -City to have him retire to some house out of town, and they -named Ham; adding that he should be attended with a -guard, but only to secure his person, and not give him any -disturbance." When the lords had delivered their message -they withdrew; but the King sent immediately after them -to know if the Prince would permit him to go to Rochester. -It was soon seen that the intent of this was to forward his -escape, and therefore the Prince willingly consented to it; -and as the King next day went out of town, the Prince came -through the park privately to St. James's which disgusted -<span class="pagenum"><a name="Page_82" id="Page_82">{82}</a></span> -many who had stood some time in the wet to see him. The -next day all the bishops in town (except the Archbishop, who -had once agreed to do it), the clergy of London, and the -several companies of the City came to welcome him, and express -a great deal of joy for the deliverance wrought by his -means. As the Prince took notice of Serjeant Maynard's -great age, and how he had outlived all the men of the law, -he answered he had liked to have outlived the law itself, had -not his Highness come over to their relief.</p> - -<p>When compliments were over, the first thing that came -under consultation was how to settle the nation. The -lawyers were of opinion that the Prince might declare himself -King, as Henry VII. had done, and then call a Parliament, -which would be a legal assembly; but their notion in this was -so contrary to the Prince's Declaration, and so liable to give -offence, that it could not be admitted. Upon this the Prince -called together all the peers and members of the three late -Parliaments that were in town, together with some of the -citizens of London, desiring their advice in the present conjuncture. -They agreed in an address to him that he would -write missive letters round the nation, in such manner as the -writs were issued out, for sending up representatives, and -that in the meantime he would be pleased to take the administration -of the government into his hands.</p> - -<p>While these things were carrying on in London, the King -at Rochester was left in full liberty, and had all the respect -paid to him that he could wish. Most of the Dutch guards -that attended him happened to be Papists; and when he went -to Mass they went with him, and joined very reverently in -the devotion; whereupon, being asked how they could serve -in an expedition that was intended to destroy their own -religion, one of them answered briskly that his soul was God's, -but his sword was the Prince of Orange's. The King continued -there a week, and many who were zealous for his -interest went to him, and desired him to stay and see the -result. But while he was distracted between his own inclinations -and his friends' importunities, a letter came from -<span class="pagenum"><a name="Page_83" id="Page_83">{83}</a></span> -the Queen reminding him of his promise, and upbraiding -him for not performing it, which determined his purpose; -and on the last day of this memorable year he went from -Rochester very secretly, and got safely into France, leaving -a paper on his table, wherein he reproached the nation for -forsaking him, and promised that, though he was going to -seek for foreign aid to restore him to his throne, yet he would -make no use of it either to overthrow the established religion -or the laws of the land.</p> - -<h2>THE BILL OF RIGHTS (1689).</h2> - -<p class="center small"><b>Source.</b>—<i>Statutes of the Realm</i>. Vol. vi., pp. 142-145.</p> - -<p>Whereas the Lords Spiritual and Temporal, and Commons, -assembled at Westminster, lawfully, fully, and freely representing -all the estates of the people of this realm, did, upon -the thirteenth day of February, in the year of our Lord -one thousand six hundred eighty-eight, present unto their -Majesties, then called and known by the names and style of -William and Mary, Prince and Princess of Orange, being -present in their proper persons, a certain declaration in writing, -made by the said Lords and Commons, in the words following; -viz.:—</p> - -<p>Whereas the late King James II., by the assistance of -diverse evil counsellors, judges, and ministers employed by -him, did endeavour to subvert and extirpate the Protestant -religion, and the laws and liberties of this kingdom:—</p> - -<p>1. By assuming and exercising a power of dispensing with -and suspending of laws, and the execution of laws, without -consent of Parliament.</p> - -<p>2. By committing and prosecuting divers worthy prelates, -for humbly petitioning to be excused from concurring to the -same assumed power.</p> - -<p>3. By issuing and causing to be executed a commission -under the Great Seal for erecting a court, called the Court -of Commissioners for Ecclesiastical Causes.</p> - -<p>4. By levying money for and to the use of the Crown, by -<span class="pagenum"><a name="Page_84" id="Page_84">{84}</a></span> -pretence of prerogative, for other time, and in other manner -than the same was granted by Parliament.</p> - -<p>5. By raising and keeping a standing army within this -kingdom in time of peace, without consent of Parliament, -and quartering soldiers contrary to law.</p> - -<p>6. By causing several good subjects, being Protestants, to -be disarmed, at the same time when Papists were both armed -and employed contrary to law.</p> - -<p>7. By violating the freedom of election of members to -serve in Parliament.</p> - -<p>8. By prosecutions in the Court of King's Bench, for -matters and causes cognizable only in Parliament; and by -diverse other arbitrary and illegal courses.</p> - -<p>9. And whereas of late years, partial, corrupt, and unqualified -persons have been returned and served on juries in -trials, and particularly diverse jurors in trials for high treason, -which were not freeholders.</p> - -<p>10. And excessive bail hath been required of persons committed -in criminal cases, to elude the benefit of the laws made -for the liberty of the subjects.</p> - -<p>11. And excessive fines have been imposed; and illegal -and cruel punishments inflicted.</p> - -<p>12. And several grants and promises made of fines and -forfeitures, before any conviction or judgment against the -persons upon whom the same were to be levied.</p> - -<p>All which are utterly and directly contrary to the known -laws and statutes, and freedom of this realm.</p> - -<p>And whereas the said late King James II. having abdicated -the government, and the throne being thereby vacant, his -Highness the Prince of Orange (whom it hath pleased Almighty -God to make the glorious instrument of delivering this kingdom -from popery and arbitrary power) did (by the advice of -the Lords Spiritual and Temporal, and diverse principal -persons of the Commons) cause letters to be written to the -Lords Spiritual and Temporal, being Protestants, and other -letters to the several counties, cities, universities, boroughs, -and cinque ports, for the choosing of such persons as represent -<span class="pagenum"><a name="Page_85" id="Page_85">{85}</a></span> -them, as were of right to be sent to Parliament, to meet and -sit at Westminster upon the two-and-twentieth day of January, -in this year one thousand six hundred eighty and eight, in -order to such an establishment, as that their religion, laws and -liberties might not again be in danger of being subverted; -upon which letters, elections have been accordingly made.</p> - -<p>And thereupon the said Lords Spiritual and Temporal, -and Commons, pursuant to their respective letters and elections, -being now assembled in a full and free representation -of this nation, taking into their most serious consideration -the best means for attaining the ends aforesaid, do in the -first place (as their ancestors in like case have usually done), -for the vindicating and asserting their ancient rights and -liberties, declare:—</p> - -<p>1. That the pretended power of suspending of laws, or the -execution of laws, by regal authority, without consent of -parliament, is illegal.</p> - -<p>2. That the pretended power of dispensing with laws, or -the execution of laws by regal authority, as it hath been -assumed and exercised of late, is illegal.</p> - -<p>3. That the commission for erecting the late Court of Commissioners -for Ecclesiastical causes, and all other commissions -and courts of like nature, are illegal and pernicious.</p> - -<p>4. That levying money for or to the use of the Crown, by -pretence of prerogative, without grant of parliament, for -longer time or in other manner than the same is or shall be -granted, is illegal.</p> - -<p>5. That it is the right of the subjects to petition the king, and -all commitments and prosecutions for such petitioning are -illegal.</p> - -<p>6. That the raising or keeping a standing army within the -kingdom in time of peace, unless it be with consent of parliament, -is against law.</p> - -<p>7. That the subjects which are Protestants may have arms for -their defence suitable to their conditions, and as allowed by law.</p> - -<p>8. That election of members of parliament ought to be free.</p> - -<p>9. That the freedom of speech, and debates or proceedings -<span class="pagenum"><a name="Page_86" id="Page_86">{86}</a></span> -in parliament, ought not to be impeached or questioned in -any court or place out of parliament.</p> - -<p>10. That excessive bail ought not to be required, nor excessive -fines imposed; nor cruel and unusual punishment inflicted.</p> - -<p>11. That jurors ought to be duly impanelled and returned, -and jurors which pass upon men in trials for high treason -ought to be freeholders.</p> - -<p>12. That all grants and promises of fines and forfeitures of -particular persons before conviction, are illegal and void.</p> - -<p>13. And that for redress of all grievances, and for the -amending, strengthening, and preserving of the laws, parliaments -ought to be held frequently.</p> - -<p>And they do claim, demand, and insist upon all and singular -the premises, as their undoubted rights and liberties; and -that no declarations, judgments, doings or proceedings, to the -prejudice of the people in any of the said premises, ought in -any wise to be drawn hereafter into consequence or example.</p> - -<p>To which demand of their rights they are particularly encouraged -by the declaration of his Highness the Prince of -Orange, as being the only means for obtaining a full redress -and remedy therein.</p> - -<p>Having therefore an entire confidence that his said Highness -the Prince of Orange will perfect the deliverance so far -advanced by him, and will still preserve them from the violation -of their rights, which they have here asserted, and from -all other attempts upon their religion, rights, and liberties:</p> - -<p>II. The said Lords Spiritual and Temporal, and Commons, -assembled at Westminster, do resolve, that William and Mary, -Prince and Princess of Orange, be, and be declared, King and -Queen of England, France, and Ireland, and the dominions -thereunto belonging, to hold the Crown and royal dignity of -the said kingdom and dominions to them the said Prince and -Princess during their lives, and the life of the survivor of them; -and that the sole and full exercise of the regal power be only -in, and executed by, the said Prince of Orange, in the names -of the said Prince and Princess, during their joint lives; -and after their deceases, the said Crown and royal dignity -<span class="pagenum"><a name="Page_87" id="Page_87">{87}</a></span> -of the said kingdoms and dominions to be to the heirs of the -body of the said Princess; and for default of such issue to -the Princess Anne of Denmark, and the heirs of her body and -for default of such issue to the heirs of the body of the said -Prince of Orange. And the Lords Spiritual and Temporal, -and Commons, do pray the said Prince and Princess to accept -the same accordingly.</p> - -<p>III. And that the oaths hereafter mentioned be taken by -all persons of whom the oaths of allegiance and supremacy -might be required by law, instead of them; and that the said -oaths of allegiance and supremacy be abrogated.</p> - - <p class="oath">I, A. B., do sincerely promise and swear, That I will be faithful and - bear true allegiance to their Majesties King William and Queen Mary:</p> - -<div class="foot"> - <div class="right3 small">So help me God.</div> -</div> - - <p class="oath">I, A. B., do swear, That I do from my heart, abhor, detest, and abjure - as impious and heretical, that damnable doctrine and position, that - Princes excommunicated or deprived by the Pope, or any authority of the - See of Rome, may be deposed or murdered by their subjects, or any other - whatsoever. And I do declare, that no foreign prince, person, prelate, - state, or potentate hath, or ought to have, any jurisdiction, power, - superiority, pre-eminence, or authority ecclesiastical or spiritual, - within this realm:</p> - -<div class="foot"> - <div class="right3 small">So help me God.</div> -</div> - -<p>IV. Upon which their said Majesties did accept the Crown -and royal dignity of the kingdoms of England, France, and -Ireland, and the dominions thereunto belonging, according -to the resolution and desire of the said Lords and Commons -contained in the said declaration.</p> - -<p>V. And thereupon their Majesties were pleased, that the said -Lords Spiritual and Temporal, and Commons, being the two -Houses of Parliament, should continue to sit, and with their -Majesties' royal concurrence make effectual provision for the -settlement of the religion, laws, and liberties of this kingdom, -so that the same for the future might not be in danger again -of being subverted; to which the said Lords Spiritual and -<span class="pagenum"><a name="Page_88" id="Page_88">{88}</a></span> -Temporal, and Commons, did agree and proceed to act accordingly.</p> - -<p>VI. Now in pursuance of the premises, the said Lords -Spiritual and Temporal, and Commons, in parliament assembled, -for the ratifying, confirming, and establishing the said -declaration, and the articles, clauses, matters, and things -therein contained, by the force of a law made in due form -by authority of parliament, do pray that it may be declared -and enacted, That all and singular the rights and liberties -asserted and claimed in the said declaration, are the true, -ancient, and indubitable rights and liberties of the people of -this kingdom, and so shall be esteemed, allowed, adjudged, -deemed, and taken to be, and that all and every the particulars -aforesaid shall be firmly and strictly holden and observed, -as they are expressed in the said declaration; and all officers -and ministers whatsoever shall serve their Majesties and their -successors according to the same in all times to come.</p> - -<p>VII. And the said Lords Spiritual and Temporal, and -Commons ... declare, that King James II. having abdicated -the government, and their Majesties having accepted the -Crown and royal dignity aforesaid, their said Majesties did -become, were, are, and of right ought to be, by the laws of -this realm, our sovereign liege Lord and Lady, King and -Queen of England, France, and Ireland, and the dominions -thereunto belonging....</p> - -<p>VIII. And for preventing all questions and divisions in -this realm, by reason of any pretended titles to the Crown, -and for preserving a certainty in the succession thereof, in -and upon which the unity, peace, tranquillity, and safety of -this nation doth, under God, wholly consist and depend, the -said Lords Spiritual and Temporal, and Commons, do beseech -their Majesties that it may be enacted, established, and -declared, that the Crown and regal government of the said -kingdoms and dominions, with all and singular the premises -thereunto belonging and appertaining, shall be and continue -to their said Majesties, and the survivor of them, during -their lives, and the life of the survivor of them. And that -<span class="pagenum"><a name="Page_89" id="Page_89">{89}</a></span> -the entire, perfect, and full exercise of the regal power and -government be only in, and executed by, his Majesty, in the -names of both their Majesties during their joint lives; and -after their deceases the said Crown and premises shall be -and remain to the heirs of the body of her Majesty: and for -default of such issue, to her Royal Highness the Princess -Anne of Denmark, and the heirs of her body; and for default -of such issue, to the heirs of the body of his said Majesty....</p> - -<p>IX. And whereas it hath been found by experience, that it -is inconsistent with the safety and welfare of this Protestant -kingdom, to be governed by a Popish prince, or by any king -or queen marrying a Papist, the said Lords Spiritual and -Temporal, and Commons, do further pray that it may be enacted, -That all and every person and persons that is, are, or -shall be reconciled to, or shall hold communion with, the -See or Church of Rome, or shall profess the Popish religion, -or shall marry a Papist, shall be excluded, and be for ever -incapable to inherit, possess, or enjoy the Crown and government -of this realm, and Ireland, and the dominions thereunto -belonging, or any part of the same, or to have, use, or exercise -any regal power, authority, or jurisdiction within the same; -and in all and every such case or cases the people of these -realms shall be and are hereby absolved of their allegiance; -and the said Crown and Government shall from time to time -descend to, and be enjoyed by, such persons or persons, being -protestants, as should have inherited and enjoyed the same -in case the said person or persons so reconciled, holding communion, -or professing, or marrying as aforesaid, were naturally -dead....</p> - -<p>XII. And be it further declared and enacted by the -authority aforesaid, That from and after this present session -of parliament, no dispensation by <i>non obstante</i> of or to any -statute, or any part thereof, shall be allowed, but that the -same shall be held void and of no effect, except a dispensation -be allowed of in such statute, and except in such cases -as shall be specially provided for by one or more bill or bills to -be passed during this present session of parliament....</p> - -<div class="pagenum"><a name="Page_90" id="Page_90">{90}</a></div> - -<h2>CORRESPONDENCE RELATING TO THE NON-JURORS (1691).</h2> - -<p class="center small"><b>Source</b>.—<i>Letters between Ambrose Bonwicke and Richard Blechynden -(Cambridge in the Days of Queen Anne</i>, by J. E. B. -Mayor, pp. 217-221).</p> - -<h3><i>Aug. 11. Bonwicke to Blechynden</i>.</h3> - -<p>I suppose ... that king <i>James</i> had a right to my allegiance, -and that secured by an oath; and unless he has given away -this right or forfeited it, it is still in him. Now to me it does -not appear that he has done either, therefore I dare not give -it to another, which ... is the design of the new oaths.... -I ought not to have entered into the obligation if I had not -designed to have kept it.</p> - -<h3><i>Aug. 15. Blechynden to Bonwicke.</i></h3> - -<p>He that has no longer a right to the government has no -longer a right to my allegiance.... King <i>James</i> has shewn, -that he neither has the qualifications for government, nor for -this of the <i>English</i>.... A full possession of the power, -especially when recognised by the grandees and main body -of the people, gives him that has it a title to the obedience -and fidelity (or, if you will, allegiance) of all within his territories; -at least they are guilty of no sin that promise fidelity -to him.</p> - -<h3><i>Aug. 20. Bonwicke to Blechynden.</i></h3> - -<p>I should be glad to find my friends and relations (whom I -have so great a concern for) are in the right, and that it is -prejudice in me has blinded me so long. Though I suppose -it would be perjury in me to quit that oath that I still think -obligatory, yet I have a very charitable opinion of those that -have taken the new one, and suppose that conscience has been -as much their guide in taking it, as it has been mine in refusing -it.... I suppose a man may be dispossessed of a legal right -no otherwise than by law.... I am to consider how I am -to behave myself under a king, that has possession and not -<span class="pagenum"><a name="Page_91" id="Page_91">{91}</a></span> -right. The execution of those laws that protect me are (<i>sic</i>) -in his hands; I will give him all the obedience that is necessary -for that purpose.... But to take an oath of allegiance to -the king <i>de facto</i>, certainly cancels my oath of allegiance to -the former.... If it were barely submitting to him in -power, I suppose we should have no great dispute.</p> - -<h3><i>Aug. 25. Blechynden to Bonwicke.</i></h3> - -<p>Municipal laws are not the sole measure of right and wrong. -There is a superior law of right reason, which respects the -common good of mankind, which gave beginning to all civil -societies.... You say treason against the king <i>de facto</i> is -not treason <i>de jure</i>; hereby you must mean according to -equity and right reason; for treason against a king <i>de facto</i> -is the only treason by the law of the land, if <i>Coke</i> and <i>Hales</i><span -class="fnanchor"><a name="Ref_27" id="Ref_27" href="#Foot_27">[27]</a></span> -may be credited.... You call for a legal forfeiture; -nothing else, say you, will forfeit a legal right to a crown. -But if you please to consult the gentlemen that write politics, -who surely are the best guides in this affair, you will find them -assign a great many others.... The assemblies of the -grandees and parliaments have near forty times either deposed -their prince or waived the next of kin for the good of -the community.</p> - -<h3><i>Aug. 31. Bonwicke to Blechynden.</i></h3> - -<p>Reason must be our best guide, and she has directed you -to take the oaths, as she does me to refuse them. I consider -on one side there is only a little temporal concern, and on -the other the danger of perjury.... For what you urge, -that therefore I ought to have no protection from king <i>William</i>, -I must be contented; but I think it is the law that protects -us both. At present it only deprives us of our livings, and -that we must submit to. When the laws become more severe, -we must shift as well as we can, and if we cannot live in this -country, fly to another.... A whole nation can as ill -dispense with their oaths as a single person.</p> - -<div class="pagenum"><a name="Page_92" id="Page_92">{92}</a></div> - -<h3><i>Sept. 5. Bonwicke to Blechyenden.</i></h3> - -<p>I do really take those laws which have been made since -king <i>William's</i> coming to the crown to be good laws.... -King <i>James</i> has lost thus much by losing possession: he has -lost the assistance of his people, for it would be treason and -illegal to fight against king <i>William</i>, who has now the law -on his side.</p> - -<h3><i>Sept. 8. Blechynden to Bonwicke.</i></h3> - -<p>The defence of the society being the sole ground (and measure -too) of our obedience and fidelity to our chief governor, it -is plain that it is due to him, and to him only, that can and -does defend society.... If you will rightly weigh the -matter, it is not only a little temporal concern that pleads for -your taking oaths. For (pardon my plain dealing) you are -chargeable with disobedience to the powers that be, with -depriving your country (for which we are all in a great measure -made) of the good you may do in your present station, or in -the ministry; and with the making or strengthening a party -against the public establishment, to the great prejudice of -church and state; besides the injury to yourself and family, -which an honest man ought not to prejudice but upon very -good grounds. All this, I say, you are chargeable with, if -the taking the oaths be not manifestly sinful. For the danger -or fear of its being so is not sufficient to justify the neglect -of any duty, and an opposition to a public establishment -and the benefits of it. Reason will prefer the good of the -community before that of a single man, especially of one -already very false to his trust.... It is not plain that I -am sworn to king <i>James</i>; the oath in an equitable interpretation -not reaching the present case; nor has king <i>James</i> any -reason to insist on it as the present circumstances are; nor -ought you to oblige me by my oath to hurt my neighbours, -or my country, how rigorous soever I might be otherwise to -myself. There is a great deal of difference between a private -oath relating to my own concerns of which I am master; and -a public, which was made for the good of the public, and therefore -<span class="pagenum"><a name="Page_93" id="Page_93">{93}</a></span> -ought in no wise to be strained to the prejudice of the -same.... The affection that men are bred up with towards -the memory of king <i>Charles</i> the first, and the abhorrence of -the parliament of 1641, does extremely prejudice men for -kings and against parliament; but both extremes are to be -carefully shunned.</p> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_27" id="Foot_27" href="#Ref_27">[27]</a> -Coke and Hales were amongst the most eminent of Stuart lawyers.</p> - -</div> - -<h2>PACIFICATION OF THE HIGHLANDS (1692).</h2> - -<p class="center small"><b>Source.</b>—<i>Calendar of State Papers, -Domestic Series, 1691-92</i>:</p> - -<h3>[Pp. 101, 102.]</h3> - -<p><i>Jan. 16, 1692.</i>—Instructions, signed by the King, for Sir -Thomas Levingston:—</p> - -<p>We allow you to receive the submissions of Glengarry, or -those with him, upon their taking the oath of allegiance and -delivering up the house of Invergarry; to be safe, as to their -lives, but as to their estates they must depend upon our -mercy.</p> - -<p>In case you find the house of Invergarry cannot probably -be taken in this season of the year, with the artillery and -other provisions that you can bring there, we leave it to your -discretion to give Glengarry the assurance of an entire indemnity -for life and fortune, upon the delivery of his house -and arms, and taking the oath of allegiance. In this you are -allowed to act as you find the circumstances of the affair -requires. But it were much better that these who have not -taken the benefit of our indemnity, in the terms and with the -"dyet" prefixed by our proclamation, should be obliged to -"render" upon mercy; and the taking of the oath of allegiance -is indispensable, others having already taken it. "If -McKean of Glencoe and that tribe can be well separated from -the rest, it will be a proper vindication of the public justice -to extirpate that set of thieves." The "double of these instructions -are only communicated to Col. Hill."</p> - -<div class="pagenum"><a name="Page_94" id="Page_94">{94}</a></div> - -<h3>[Pp. 153, 154.]</h3> - -<p class="center"><i>Feb. 28, 1692. Colonel Hill to the Earl of Portland.</i></p> - -<p>My last gave you an account of the houses of Invergarry -and Island Donan being in my possession for the King, and -of the ruin of Glencoe, the latter named of which houses, I -presume, were better destroyed than kept, for it is situated -in such a place that it is hard to relieve it in winter, or at any -time well, but by sea; it cannot contain a force to awe those -countries in case they should again prove rebellious, and whilst -my Lord Seaforth is come in, there is no doubt but his people -may be kept quiet, and young Sir Donald McDonald is "a -peaceable inclined man," and his relations in Skye mostly -protestants, so there is no fear from thence, and that house will -be but a charge to little other purpose, as is fit to be blown up.</p> - -<p>Those men of Glencoe that (by help of the storm) escaped, -would submit to mercy if their lives may be granted them, -upon giving security to live peaceably under the government, -and not to rob, steal, or receive stolen goods hereafter, and -I humbly conceive (since there are enough killed for an -example and to vindicate public justice) it were advisable -so to receive them, since it will be troublesome to take them, -the Highlanders being generally allied one to another, and -they may join with other broken men, and be hurtful to the -country. Nevertheless, in the meantime, it were necessary -that the proclamation against them ... were issued out. -At the present they (the men of Glencoe) lie dormant in caves -and remote places.</p> - -<p>The people now all seem resolved on settlement, and cry -out for a jurisdiction among them (and the country will -never be right till it be so) they flock in daily to submit to -the King's mercy. Appin is a much changed man for the -better, professes to everyone he meets his sincerity in keeping -the oath of allegiance, and all those people of Appin have good -inclinations to quiet, being many of them intelligent men, of -whom I doubt not to make very good subjects. The Laird -is a "pretty young man" of about 21 years, and had taken -<span class="pagenum"><a name="Page_95" id="Page_95">{95}</a></span> -the oath before the day, but that he was tied to his bed by -sickness at that time, and was carried in a boat to me, to do -it, sooner than he was well able.</p> - -<p>It were meet that some things were left to the discretion -of whoever commands in so remote a place as this, otherwise -sometimes advantages are lost before orders can be obtained, -and then (for want of true intelligence of matters) the orders -may happen to be wrongly conceived, and when I was here -before, the whole was left to me, and it succeeded well. -The more authority any(one) has here, the more the people -observe to obey.</p> - -<p class="center gap-between">*****</p> - -<p>The captain of Clanronald, "who is one of the prettiest -handsome youths I have seen," came in and brought all the -chief of his friends, and made his submission and took the -oath with the greatest frankness imaginable, as did also all -his friends; he has gone to his uncle, the Laird of McLeod, -to settle his affairs and to get up some money; he then -resolves to wait on the King and Queen, and if he overtake the -King at London, he will beg his favour that he may attend -him into Flanders. If the King be gone, ere he reach London, -he resolves to follow him, and to be wholly governed by the -King's pleasure; only he prays he may be so disposed of as -to better his education. It will be an act of great charity to -"breed" him. I have sent to McNeil of Bara (a remote -island) who I doubt not will come in as the rest; so all the -work is now done but the settlement of a civil jurisdiction.</p> - -<h2>THE TREASONS ACT (1696).</h2> - -<p class="center small"><b>Source</b>.—<i>Statutes of the Realm.</i> Vol. vii., pp. 6, 7.</p> - -<p>Whereas nothing is more just and reasonable than that -persons prosecuted for High Treason, and Misprision of -Treason, whereby the Liberties, Lives, Honour, Estates, -Blood, and Posterity of the Subject may be lost and destroyed, -should be justly and equally tried and that persons accused -as offenders therein should not be debarred of all just and -<span class="pagenum"><a name="Page_96" id="Page_96">{96}</a></span> -equal means for defence of their innocencies in such cases; -in order thereunto and for the better regulation of trials of -persons prosecuted for High Treason and Misprision of such -Treason, Be it enacted That ... all and every person or -persons whatsoever that shall be accused and indicted for -High Treason ... shall have a true copy of the whole indictment, -but not the names of the witnesses, delivered unto -them or any of them five days at the least before he or they -shall be tried for the same, whereby to enable them, or any -of them, respectively to advise with Counsel thereupon to -plead and make their defence.... And that every person -so accused and indicted, arraigned, or tried for Treason ... -shall be ... admitted to make his and their full defence by -Counsel learned in the Law and to make any proof that he -or they can produce by lawful witness or witnesses who shall -then be upon oath for his or their just defence in that behalf; -and in case any person or persons so accused or indicted shall -desire Counsel, the Court before whom such person or persons -shall be tried, or some judge of that Court ... is hereby -authorized and required immediately upon his or their request -to assign to such person or persons such and so many Counsel, -not exceeding two ... and such Counsel shall have free -access at all seasonable hours.</p> - -<p>And be it enacted That ... no person ... shall be indicted, -tried, or attainted of High Treason ... but by and -upon the oaths and testimony of two lawful witnesses, either -both of them to the same overt act, or one of them to one -and another of them to another overt act of the same Treason, -unless the party indicted ... shall willingly, without violence -and in open Court, confess the same, or shall stand mute, or -refuse to plead.</p> - -<p>And be it further enacted That if two or more distinct -Treasons of diverse heads or kinds shall be alleged in one bill -of indictment, one witness produced to prove one of the said -Treasons, and another witness produced to prove another of -the said Treasons, shall not be deemed or taken to be two -witnesses to the same Treason.</p> - -<p><span class="pagenum"><a name="Page_97" id="Page_97">{97}</a></span> -And ... be it further enacted ... That ... no person -or persons whatsoever shall be indicted, tried, or prosecuted -for ... Treason ... unless the same indictment be found -by a Grand Jury within three years next after the Treason or -offence was done and committed.</p> - -<p>And ... all and every person or persons who shall be -accused, indicted or tried for Treason ... shall have copies -of the panel of jurors who are to try them duly ... delivered -unto them ... two days at the least before he or they shall -be tried; and all persons so accused and indicted for Treason - ... shall have the like Process of the Court, where they shall -be tried, to compel their witnesses to appear for them at any -such Trial or Trials.</p> - -<p>And be it further enacted. That no evidence shall be admitted -or given of any overt act that is not expressly laid in -the indictment against any person.</p> - -<p>And be it further enacted That upon the Trial of any -Peer or Peeress either for Treason or Misprision all the Peers -who have a right to sit and vote in Parliament shall be duly -summoned twenty days at the least before every such Trial; -and that every Peer so summoned and appearing at such Trial -shall vote in the Trial.</p> - -<h2>THE COLONIAL POST (1699).</h2> - -<p class="center small"><b>Source.</b>—<i>Calendar of Treasury Papers</i>, -1697-1701-02, pp. 289-290.</p> - -<p>Report of Sir R. Cotton, Knt., and Sir Tho. Frankland, -postmasters, addressed to the Lords of the Treasury, on the -memorials of Thomas Neale and Andrew Hamilton, Esqrs., -stating that the latter had established a regular post to pass -weekly from Boston to "New York in New England," and -from New York to Newcastle in Pennsylvania, that the profits -had every year increased so as to defray all charges except -his salary; that the Attorney and Solicitor-General were of -opinion the King could settle the rates for letters carried -beyond sea &c.; advising the appointment of an officer to -take charge of all the letters directed to the plantations, and -<span class="pagenum"><a name="Page_98" id="Page_98">{98}</a></span> -send them in sealed bags, to be delivered to the deputy-postmaster -in the first port where the ship should arrive, -the master receiving a penny for each letter under his care, -and upon such officers being established, a public notice -should be given that no other person presume to make any -collection of letters for those parts; they were of opinion that -the rate for inland letters proposed by Mr. Hamilton was too -high, "it having been found by experience in the office here, -that the easy and cheap corresponding doth encourage people -to write letters, and that this revenue was but little in proportion -to what it now is till the postage of letters was reduced -from six pence to three pence;" it would require £1,200 -further charge than that already expended, to enlarge the -post through Virginia and Maryland, etc. Dated 27 April, -1699.</p> - -<p>Accompanied by:—</p> - -<p>"A calculation what charge will carry the post from Newcastle -in Pennsylvania to James' City in Virginia about 400 -miles."</p> - -<p>The memorial of Thomas Neale, Esq.:</p> - -<p>Also another memorial from him, showing that he had -deputed Andrew Hamilton, Esq., to erect post offices, who -had at the said Thomas Neale's charge, settled them 700 miles -in length on the continent of America, the accounts for which -were then laid before their Lordships; also that the deputy-post-master -had come over to afford information, and proposed -the method contained in the enclosed memorial to -support the post.</p> - -<p>The said memorial of Andrew Hamilton, setting out the -good effects of the Post Office, and suggesting various improvements:</p> - -<p>He states:—"The method at present used to get letters -transported to America is this: the masters bound thither, -put up bags in coffee houses, wherein the letters are put, and -for which one penny per letter is usually paid, and two pence -if it exceed a single letter. This is liable to several abuses. -First, any one under pretence that he wants to have his letters -<span class="pagenum"><a name="Page_99" id="Page_99">{99}</a></span> -up again, may come to those bags and take out other men's -letters, and thereby discover the secrets of the merchants; -and 'tis in their power entirely to withdraw 'em. 2<span class="sup">ndly</span> -Several masters, upon their arrival, often keep up letters till -they have disposed of their loading and are ready to sail again, -and then drop them to the great hurt of those concerned, -which inconveniences would be prevented, if letters were -delivered from the Post Office in mails, and likewise delivered -by them in mails into the Post Office where they arrive," etc.</p> - -<h2>ACT OF SETTLEMENT (1701).</h2> - -<p class="center small"><b>Source.</b>—<i>Statutes of the Realm.</i> -Vol. vii., pp. 636-638.</p> - -<p>After reciting the Bill of Rights and declaring the succession -vested in the most Excellent Princess Sophia, and the heirs of -her body, being Protestants (in case of default of heirs to -Anne), the Act of Settlement lays down:—</p> - -<p>I. That whosoever shall hereafter come to the possession -of this Crown shall join in communion with the Church of -England, as by law established.</p> - -<p>II. That in case the Crown and imperial dignity of this -realm shall hereafter come to any person, not being a native -of this kingdom of England, this nation be not obliged to -engage in any war for the defence of any dominions or territories -which do not belong to the Crown of England, without -the consent of Parliament.</p> - -<p>III. That no person who shall hereafter come to the possession -of this Crown shall go out of the dominions of England, -Scotland, or Ireland, without consent of Parliament.</p> - -<p>IV. That ... all matters and things relating to the well-governing -of this kingdom, which are properly cognizable in -the Privy Council by the Laws and Customs of this realm, -shall be transacted there, and all resolutions taken thereupon -shall be signed by such of the Privy Council as shall advise -and consent to the same.</p> - -<p>V. That ... no person born out of the kingdoms of England, -Scotland, or Ireland, or the dominions thereunto belonging -<span class="pagenum"><a name="Page_100" id="Page_100">{100}</a></span> -(although he be naturalized or made a denizen, except such -as are born of English parents) shall be capable to be of the -Privy Council, or a member of either House of Parliament, -or to enjoy any office or place of trust, either civil or military, -or to have any grant of lands, tenements, or hereditaments -from the Crown, to himself or any other or others in trust -for him.</p> - -<p>VI. That no person who has an office or place of profit -under the King, or receives a pension from the Crown, shall -be capable of serving as a member of the House of Commons.</p> - -<p>VII. That ... Judges' Commissions be made <i>Quamdiu se -bene gesserint</i>, and their salaries ascertained and established; -but upon the Address of both Houses of Parliament it may -be lawful to remove them.</p> - -<p>VIII. That no pardon under the Great Seal of England -be pleadable to an impeachment by the Commons in Parliament.</p> - -<h2>MARLBOROUGH'S LETTERS RELATING TO BLENHEIM (1704).</h2> - -<p class="center small"><b>Source.</b>—Coxe's <i>Life of Marlborough</i>, vol. i., pp. 206, 213-215. -Bohn edition.</p> - -<h3>A. <i>The Note to his Wife from the Blenheim Battlefield.</i></h3> - -<p><i>August 13, 1704.</i>—I have not time to say more but to beg -you will give my duty to the queen, and let her know her -army has had a glorious victory. M. Tallard and two other -generals are in my coach, and I am following the rest. The -bearer, my aide-de-camp, Colonel Parke will give her an -account of what has passed....—<span class="smcap">Marlborough.</span></p> - -<h3>B. <i>To his Wife.</i></h3> - -<p><i>August 14.</i>—Before the battle was quite done yesterday, I -writ to my dearest soul to let her know that I was well, and -that God had blessed her majesty's arms with as great a -victory as has ever been known; for prisoners I have the -Marshal de Tallard, and the greatest part of his general officers, -<span class="pagenum"><a name="Page_101" id="Page_101">{101}</a></span> -above 8,000 men, and near 1,500 officers. In short, the army -of M. de Tallard, which was that which I fought with, is quite -ruined; that of the elector of Bavaria and the Marshal de -Marsin, which Prince Eugene fought against, I am afraid, -has not had much loss, for I cannot find that he has many -prisoners. As soon as the elector knew that Monsieur de -Tallard was like to be beaten, he marched off, so that I came -only time enough to see him retire. As all these prisoners are -taken by the troops I command, it is in my power to send as -many of them to England as her majesty shall think for her -honour and service. My own opinion in this matter is, that -the Marshal de Tallard, and the general officers, should be -sent or brought to her majesty when I come to England; but -should all the officers be brought, it would be a very great -expense, and I think the honour is in having the marshal and -such other officers as her majesty pleases. But I shall do in -this, as in all things, that which shall be most agreeable to -her. I am so very much out of order with having been seventeen -hours on horseback yesterday, and not having been able -to sleep above three hours last night, that I can write to none -of my friends.... Had the success of Prince Eugene been -equal to his merit, we should in that day's action have made -an end of the war.</p> - -<h3>C. <i>To his Wife.</i></h3> - -<p><i>August 18.</i>—I have been so very much out of order for these -four or five days that I have been obliged this morning to be -let blood, which I hope will set me right; for I should be very -much troubled not to be able to follow the blow we have -given, which appears greater every day than another, for we -have now above 11,000 prisoners. I have also this day a -deputation from the town of Augsburg, to let me know the -French were marched out of it yesterday morning, by which -they have abandoned the country of Bavaria, so that the -orders are already given for the putting a garrison into it. -If we can be so lucky as to force them from Ulm, where they -are now altogether, we shall certainly then drive them to the -<span class="pagenum"><a name="Page_102" id="Page_102">{102}</a></span> -other side of the Rhine.... Never was victory so complete, -notwithstanding they were stronger than we, and very advantageously -posted. But believe me, my dear soul, there was -an absolute necessity for the good of the common cause to -make this venture, which God has so blessed. I am told the -elector has sent for his wife and children to come to Ulm. -If it be true, he will not then quit the French interest, which -I had much rather he should do, if it might be upon reasonable -terms; but the Imperialists are for his entire ruin....</p> - -<h3>D. <i>To Lord Godolphin.</i></h3> - -<p><i>August 28.</i>—The troops under my command are advanced -three days on their march towards the Rhine, but I have been -obliged to stay here<span -class="fnanchor"><a name="Ref_28" id="Ref_28" href="#Foot_28">[28]</a></span> to finish, if possible, the treaty with the -electoress.... By the letters we have intercepted of the -enemy's, going to Paris from their camp at Dublingen, they -all own to have lost 40,000 men.</p> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_28" id="Foot_28" href="#Ref_28">[28]</a> -At Sefelingen.</p> - -</div> - -<h2>ACT FOR THE UNION OF THE TWO KINGDOMS OF ENGLAND AND SCOTLAND (1707).</h2> - -<p class="center small"><b>Source.</b>—<i>Statutes of the Realm.</i> -Vol. viii., pp. 566-577.</p> - -<p>The Act recites:—</p> - -<p>I. That the two kingdoms of England and Scotland shall, -upon the first day of May, which shall be in the year one -thousand seven hundred and seven, and for ever after, be -united into one Kingdom by the name of Great Britain; and, -that the ensigns armorial of the said United Kingdom be -such as her Majesty shall appoint, and the crosses of St. -George and St. Andrew be conjoined in such manner as her -Majesty shall think fit, and used in all flags, banners, standards, -and ensigns, both at sea and land.</p> - -<p>II. That the succession of the monarchy of the United -Kingdom of Great Britain, and of the dominions thereunto -belonging, after her most sacred Majesty, be, remain, and -<span class="pagenum"><a name="Page_103" id="Page_103">{103}</a></span> -continue to the most excellent Princess Sophia, Electoress -and Duchess Dowager of Hanover, and the heirs of her body -being protestants.</p> - -<p>III. That the United Kingdom of Great Britain be represented -by one and the same Parliament, to be styled, The -Parliament of Great Britain.</p> - -<p>IV. That all the subjects of the United Kingdom of Great -Britain shall, from and after the union, have full freedom -and intercourse of trade and navigation to and from any port -or place within the said United Kingdom, and the dominions -and plantations thereunto belonging; and that there be a -communication of all other rights, privileges, and advantages, -which do or may belong to the subjects of either kingdom; -except where it is otherwise expressly agreed.</p> - -<p>V.-XV. (These articles deal with Trade chiefly.)</p> - -<p>XVI. That from and after the union, the coin shall be of -the same standard and value throughout the United Kingdom; -as now in England, and a mint shall be continued in Scotland, -under the same rules as the mint in England, and the present -officers of the mint continued, subject to such regulations -and alterations as her Majesty, her heirs or successors, or the -Parliament of Great Britain shall think fit.</p> - -<p>XVII. That from and after the union, the same weights -and measures shall be used throughout the United Kingdom, -as are now established in England, and standards of weights -and measures shall be kept by those burghs in Scotland to -whom the keeping the standards of weights and measures, -now in use there, does of special right belong: All which -standards shall be sent down to such respective burghs, from -the standards kept in the Exchequer at Westminster, subject -nevertheless to such regulations as the Parliament of Great -Britain shall think fit.</p> - -<p>XVIII. That the laws concerning regulation of trade, customs, -and such excises to which Scotland is, by virtue of this -treaty, to be liable, be the same in Scotland, from and after -the union, as in England; and that all other laws in use -within the kingdom of Scotland, do after the union, and notwithstanding -<span class="pagenum"><a name="Page_104" id="Page_104">{104}</a></span> -thereof, remain in the same force as before -(except such as are contrary to, or inconsistent with, this -treaty), but alterable by the Parliament of Great Britain; -with this difference between the laws concerning public right, -policy, and civil government, and those which concern private -right, that the laws which concern public right, policy, and -civil government may be the same throughout the whole -United Kingdom; but that no alteration be made in laws -which concern private right, except for evident utility of the -subjects within Scotland.</p> - -<p>XIX. (Scottish Courts of Law to remain as before, the -right, however, of the United Parliament to make regulations -and alterations being recognised.)<span -class="fnanchor"><a name="Ref_29" id="Ref_29" href="#Foot_29">[29]</a></span></p> - -<p>XX.-XXI. (Concern Heritable Offices and the rights of -Royal Burghs.)</p> - -<p>XXII. That, by virtue of this treaty, of the peers of Scotland, -at the time of the Union, sixteen shall be the number to -sit and vote in the House of Lords, and forty-five the number -of representatives of Scotland in the House of Commons of -the Parliament of Great Britain; and that when her Majesty, -her heirs or successors, shall declare her or their pleasure for -holding the first, or any other subsequent, Parliament of Great -Britain, until the Parliament of Great Britain shall make -further provision therein, a writ do issue under the great seal -of the United Kingdom, directed to the Privy Council of -Scotland, commanding them to cause sixteen peers, who are -to sit in the House of Lords, to be summoned to Parliament, -and forty-five members to be elected to sit in the House of -Commons of the Parliament of Great Britain.</p> - -<p>XXIII. That the aforesaid sixteen peers of Scotland mentioned -in the last preceding article, to sit in the House of Lords -of the Parliament of Great Britain, shall have all privileges of -Parliament, which the peers of England now have, and which -they, or any peers of Great Britain shall have after the union.... -And in case that any trials of peers shall hereafter -<span class="pagenum"><a name="Page_105" id="Page_105">{105}</a></span> -happen, when there is no Parliament in being, the sixteen -peers of Scotland who sat in the last preceding Parliament, -shall be summoned in the same manner and have the same -powers and privileges at such trials, as any other peers of -Great Britain; and that all peers of Scotland, and their -successors to their honours and dignities shall, from and after -the union, be peers of Great Britain, and have rank and -precedency next and immediately after the peers of the like -order and degrees in England at the time of the union.</p> - -<p>XXIV. (Deals with the Seals.)</p> - -<p>XXV. (Scots to retain the Presbyterian system of Church -Government and English to retain the Episcopalian.)</p> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_29" id="Foot_29" href="#Ref_29">[29]</a> -No provision is made by the Act for the House of Lords to exercise -final Appellate Jurisdiction.</p> - -</div> - -<h3>PROCEEDINGS ON THE IMPEACHMENT OF DR. SACHEVERELL (1710).</h3> - -<p class="indc small"><b>Source.</b>—<i>The Parliamentary -History of England from the Earliest Period to the Year 1803.</i> Vol. -vi., pp. 806, 809. London, 1810.</p> - -<p>P. 806. <i>Complaint in the Commons of Dr. Sacheverell's Sermons.</i> -Dec. 13. A complaint being made to the House of -Commons, of two printed Books; the one intituled, "The -Communication of Sin; a Sermon, preached at the Assizes, held -at Derby, August 15, 1709, by Dr. Henry Sacheverell;" and -the other intituled, "The Perils of false Brethren, both in -Church and State; set forth in a Sermon preached before the -Right Hon. the Lord Mayor, Aldermen, and Citizens of London, -at the Cathedral Church of St. Paul, on the 5th of November, -1709;" preached also by the said Dr. Henry Sacheverell; and -both printed for Henry Clements, which Books were delivered -in at the clerk's table; where several paragraphs in the epistle -dedicatory, preceding the first-mentioned Book, and also -several paragraphs in the latter Book, were read:</p> - -<p><i>Resolution thereon.</i>] Sir Peter King and others having -made speeches against the audaciousness of the Doctor, who -had advanced positions directly opposite to Revolution -principles, to the present government, and to the Protestant -<span class="pagenum"><a name="Page_106" id="Page_106">{106}</a></span> -Succession, and consequently tending to cherish factions, -and stir up rebellion: those, who favoured the Doctor's -cause, were surprised at this sudden attack, and, no member -offering to speak in his defence, it was resolved, "That the -two Sermons were malicious, scandalous, and seditious libels, -highly reflecting on the queen, the late Revolution, and the -Protestant Succession, tending to alienate the affections of -her majesty's subjects, and to create jealousies and divisions -among them."</p> - -<p>The Doctor was ordered to attend at the bar of the House -the next day, and, being examined, owned the two Sermons. -He likewise told them, what encouragement he had from the -lord-mayor to print "The Perils of False Brethren." Sir -Samuel Garrard, being a member of the House, was asked, -whether the Sermon was printed at his desire or order? if -he had owned it, he would have been expelled the House: -but he denied, that he ever desired, or ordered, or encouraged, -the printing thereof. Though the Doctor offered to prove -it, and brought witnesses for that purpose, yet the House -would not enter upon that examination, but it was thought -more decent to seem to give credit to their own member, -though few indeed believed him.</p> - -<p>The Doctor standing to what he had said, without expressing -the least consciousness of having done amiss, he was -directed to withdraw; and it was resolved, "That he should -be impeached of high crimes and misdemeanours, and Mr. -Dolben was ordered to do it at the bar of the House of Lords, -in the name of all the Commons of Great Britain." At the -same time a Committee was appointed to draw up the Articles -against him, and the Doctor was taken into custody of the -Serjeant at Arms.</p> - -<p class="gap-above">[The Charge against Sacheverell.]</p> - -<p>P. 809. I. "He, the said Henry Sacheverell, in his said -Sermon preached at St. Paul's, doth suggest and maintain, -'That the necessary means used to bring about the said happy -Revolution, were odious and unjustifiable; that his late -<span class="pagenum"><a name="Page_107" id="Page_107">{107}</a></span> -majesty, in his Declaration, disclaimed the least imputation -of resistance; and that to impute resistance to the said -Revolution, is to cast black and odious colours upon his late -majesty and the said Revolution.'</p> - -<p>II. "He, the said Henry Sacheverell, in his said Sermon -preached at St. Paul's, doth suggest and maintain, 'That the -aforesaid toleration granted by law is unreasonable, and the -allowance of it unwarrantable;' and asserts that he is a false -brother, with relation to God, religion or the church, who -defends toleration and liberty of conscience; that queen -Elizabeth was deluded by archbishop Grindall,' whom he -scurrilously calls a false son of the church and a perfidious -prelate, 'to the toleration of the Genevan discipline; and -that it is the duty of superior pastors, to thunder out their -ecclesiastical anathemas against persons entitled to the -benefit of the said Toleration;' and insolently dares or defies -any power on earth to reverse such sentences.</p> - -<p>III. "He, the said Henry Sacheverell, in his said Sermon -preached at St. Paul's, doth falsely and seditiously suggest -and assert, 'that the church of England is in a condition of -great peril and adversity under her majesty's administration;' -and, in order to arraign and blacken the said Vote or Resolution -of both Houses of Parliament, approved by her majesty -as aforesaid, he, in opposition thereto, doth suggest the -church to be in danger; and, as a parallel, mentions a Vote, -that the person of king Charles the 1st was voted to be out -of danger, at the same time that his murderers were conspiring -his death; thereby wickedly and maliciously insinuating, -that the members of both Houses, who passed the -said vote, were then conspiring the ruin of the Church.</p> - -<p>IV. "He, the said Henry Sacheverell, in his said Sermons -and Books, doth falsely and maliciously suggest, 'that her -majesty's administration both in ecclesiastical and civil affairs, -tends to the destruction of the constitution; and that there -are men of characters and stations, in church and state, who -are false brethren, and do themselves weaken, undermine, and -betray, and do encourage, and put it in the power of others, -<span class="pagenum"><a name="Page_108" id="Page_108">{108}</a></span> -who are professed enemies, to overturn and destroy the -constitution and establishment;' and chargeth her majesty, -and those in authority under her, both in church and state, -with a general maladministration: and, as a public incendiary, -he persuades her majesty's subjects to keep up a distinction -of faction and parties, instils groundless jealousies, foments -destructive divisions among them, and excites and stirs them -up to arms and violence. And, that his said malicious and -seditious suggestions may make the stronger impressions upon -the minds of her majesty's subjects, he, the said Henry -Sacheverell, doth wickedly wrest and pervert divers texts -and passages of holy scripture."</p> - -<h2>MARLBOROUGH'S REPLY TO THE CHARGE OF PECULATION (1712).</h2> - -<p class="indc small"><b>Source.</b>—<i>The Case of his Grace the D—— of M., to be Represented by -him to the Honourable House of Commons, in Vindication of -Himself from the Charge of the Commissioners of Accounts in -Relation to the Two and Half per Cent. Bread and Bread -Waggons</i> (published 1712). Acton Library Pamphlets, -No. d. 25, 1001<span class="sup">12</span>.</p> - -<p>[The following extract deals with Marlborough's "commissions" -on the bread supplied to the Army on the Continent. -The Tories alleged that he had defrauded the Exchequer by -taking his 2½ per cent. commission.]</p> - -<p>The first Article, in the Report, is founded on the Deposition -of Sir <i>Solomon Medina</i>, by which you are Informed of a yearly -Sum paid by him and his Predecessor, Contractors for Bread -and Bread-Waggons, to myself. This Payment, ... I have -called a Perquisite of the General or Commander in Chief in -the <i>Low-Countries</i>; and it has been constantly apply'd to one -of the most Important Parts of the Service there, I mean the -procuring Intelligence, and other Secret Service.</p> - -<p>The Commissioners are pleased to observe, That these Sums -cannot be esteemed legal Perquisites, because they don't find -'em Claim'd or Receiv'd by any other <i>English</i> General in the -<span class="pagenum"><a name="Page_109" id="Page_109">{109}</a></span> -<i>Low-Countries</i>. But I must take leave to affirm to this -House, That this Perquisite or Payment, has been allowed to -that General or Commander in Chief, in the <i>Low-Countries</i>, -both before and ever since the Revolution, to enable him to -carry on such Secret Service. The like Allowance was made -to Prince <i>Waldeck</i>, whilst he was General of the Dutch Army -in <i>Flanders</i>; it was made during the last War as well as this; -and for your further Satisfaction in this matter, I am content -to refer my self to Sir <i>Solomon Medina</i>, who cannot but own, -that when he made this Allowance, he knew it to be the -constant Practice during the former Wars in the <i>Low-Countries</i>, -and particularly when Prince <i>Waldeck</i> commanded there. -And if it be a Circumstance worth your notice, he must Inform -you also, That the Allowance of Waggons, which the Report -takes Notice of, is usual likewise; that he has allowed the like, -or near the like Number to Count <i>Tilly</i>, though he was not -Velt-Marshal, and that there is a proportionate Allowance of -the same kind to other Officers. The Report may have -observed very rightly, that the strictest Enquiry the Commissioners -could make, they cannot find that any English -General ever receiv'd this Perquisite. But I presume to -say, the Reason is, that there never was any other English -General besides my self, who was Commander in Chief in the -<i>Low-Countries</i>. I crave leave then to say, That this Observation -in the Report was Occasion'd through the want of due -Information in the Usage of the Army. In receiving this as -an established and known Perquisite, I have follow'd and kept -up that Usage which I found in the Army when I first enter'd -upon that Service; And upon this Ground alone, I hope that -this House will not think I was Unwarranted in taking it.</p> - -<p>But that no doubt may remain with you, I will State, as -well as I can, what I have learnt, and during that time I have -been in the Service, have been always understood to be the -Ground, as well as the Design of this Allowance. The Contracts -of Bread being of necessity at the same Rates for the -whole Army, and it being for the Security of the Service that -those Contracts should be in the fewest Hands; the certain -<span class="pagenum"><a name="Page_110" id="Page_110">{110}</a></span> -Gain upon so large a sum as a Contract for the whole, or even -part of the Army, even at the lowest Prices, makes this -yearly allowance to have been thought not Unreasonable from -the Contractor. This being an Allowance generally arising -from Contracts that concern a variety of Troops, all under -the same General, must naturally fall under the Direction, -and come into the Hands of the Commander in Chief, as an -Allowance to enable him to carry on such Designs which could -not be foreseen, but yet necessary to be put in execution, and -which chiefly depend upon Intelligence.</p> - -<p>I thought it more needful to give you this Account of the -Nature and Design of this Allowance, because I observe from -the Report, that the Objection is to the Justice and Reasonableness -of the Perquisite it self, without having regard to the -Application or Use for which it is intended.</p> - -<p>But the Commissioners apprehend this not to be a Justifiable -Perquisite, because they say, the Publick or the -Troops, necessarily suffer in proportion to every such Perquisite.</p> - -<p>If these Observations were well grounded, I should think -them good Reasons to put an end to the Allowance, and at -the same time to blame those who first introduced it: But I -take upon me to affirm, that this neither is nor can be the -Cause. I have never heard a Complaint either of publick or -particular Injury from this Allowance; nor does the Report -assign any particular wherein it may be judged to be so.</p> - -<p>This Allowance to the General can have no Influence upon -the Contract it self, which is annually made and signed at the -<i>Treasury</i>, and the Price regulated by what the States have -agreed to pay for the Bread for their Forces. I appeal to all -the Officers who have served with me in <i>Flanders</i>, whether -the Forces in Her Majesty's Pay have not all along had as -much, and as good Bread, as those of the <i>States</i>, and at the -same Prices; which every Body will believe to be the Lowest, -that consider the Frugal Economy of the <i>States</i>, and the -small Pay of their Troops. And therefore I may safely -conclude, that if the <i>English</i> have had their Bread as Cheap -<span class="pagenum"><a name="Page_111" id="Page_111">{111}</a></span> -as the <i>Dutch</i>, they have had it as Cheap as was possible. -Nor indeed can it be imagined to be otherwise; for the very -supposition of two different Prices paid by different Troops in -the same Army, for the same Quantity of Bread, would -occasion a Mutiny.</p> - -<p class="center gap-between">*****</p> - -<p>'Twill be necessary that I trouble the House with an -account of the Time and Occasion whence this Payment of -Two and Half <i>per Cent.</i> by the Foreign Troops commenced.</p> - -<p>During the last War, the Allowance by Parliament for the -Contingencies of the Army, of which that of Secret Service -is the principal, was Fifty Thousand Pounds <i>per Annum</i>; -but this Allowance fell so far short of the Expense on that -Head, that upon the Prospect of this War's breaking out, the -Late King assured me, That this part of the Service never -cost him less than Seventy Thousand Pounds a year; However -the Allowance of Parliament for the whole Contingent -Service during this War, has been but Ten Thousand Pounds -<i>per annum</i>; Three Thousand Pounds of which, or thereabouts, -has generally gone for other Contingencies, than that of -Intelligence. The Late King being unwilling to come to -Parliament for more Money on that Head of the Service, -proposed this Allowance from the Foreign Troops, as an -Expedient to assist that part of the Service, and Commanded -me to make the Proposition to them; which I did accordingly, -and it was readily Consented to. By this Means a New Fund -of about Fifteen Thousand Pounds <i>per annum</i>, was provided -for carrying on the Secret Service, without any Expense to -the Publick, or grievance to the Troops from whom the -Allowance was made: For when the Publick pays, those Troops -are not at all affected, or one Farthing increased in Consideration -of this Deduction; nor is there in any Conventions for -them any weight laid upon it, the Hire of Foreign Troops -being governed by settled Rules and Treaties, and the Convention -of the <i>States</i> for them, being in the same Terms.</p> - -<p class="center gap-between">*****</p> - -<p><span class="pagenum"><a name="Page_112" id="Page_112">{112}</a></span> -The true design of this Deduction being to supply the -Secret Service, Gentlemen, I hope, you will observe that this, -together with the <i>Article</i> of the <i>Allowance</i> by Parliament, -when put together, doth fall short of the <i>Allowance</i> given by -Parliament, in the last War, upon this Head.</p> - -<h2>THE TORIES AND THE WAR OF THE SPANISH SUCCESSION (1712).</h2> - -<p class="center small"><b>Source.</b>—Swift: <i>The Conduct of the Allies</i>. Vol. v., pp. 66-72. -Swift's Works, Bohn edition.</p> - -<p>At the Revolution, a general war broke out in Europe, -wherein many princes joined in an alliance against France, -to check the ambitious designs of that monarch; and here -the emperor, the Dutch, and England were principals. About -this time the custom first began among us of borrowing -millions upon funds of interest: It was pretended, that the -war could not possibly last above one or two campaigns; -and that the debts contracted might be easily paid in a few -years, by a gentle tax, without burthening the subject. But -the true reason for embracing this expedient, was the security -of a new prince, not firmly settled on the throne: People -were tempted to lend, by great premiums and large interest, -and it concerned them nearly to preserve that government, -which they trusted with their money. The person<span -class="fnanchor"><a name="Ref_30" id="Ref_30" href="#Foot_30">[30]</a></span> said to -have been author of so detestable a project, is still living, -and lives to see some of its fatal consequences, whereof his -grandchildren will not see an end. And this pernicious -counsel closed very well with the posture of affairs at that -time: For, a set of upstarts, who had little or no part in the -Revolution, but valued themselves by their noise and pretended -zeal when the work was over, were got into credit at -court, by the merit of becoming undertakers and projectors -of loans and funds: These, finding that the gentlemen of -<span class="pagenum"><a name="Page_113" id="Page_113">{113}</a></span> -estates were not willing to come into their measures, fell -upon those new schemes of raising money, in order to create -a monied interest, that might in time vie with the landed, and -of which they hoped to be at the head.</p> - -<p>The ground of the first war, for ten years after the Revolution, -as to the part we had in it, was, to make France -acknowledge the late king, and to recover Hudson's Bay. -But during that whole war, the sea was almost entirely -neglected, and the greatest part of six millions annually -employed to enlarge the frontier of the Dutch. For the king -was a general, but not an admiral; and although King of -England, was a native of Holland.</p> - -<p>After ten years fighting to little purpose; after the loss of -above an hundred thousand men, and a debt remaining of -twenty millions, we at length hearkened to the terms of a -peace, which was concluded with great advantages to the -empire and Holland, but none at all to us;<span -class="fnanchor"><a name="Ref_31" id="Ref_31" href="#Foot_31">[31]</a></span> and clogged -soon after by the famous treaty of partition;<span -class="fnanchor"><a name="Ref_32" id="Ref_32" href="#Foot_32">[32]</a></span> by which, -Naples, Sicily, and Lorrain, were to be added to the French -dominions; or if that crown should think fit to set aside the -treaty, upon the Spaniards refusing to accept it, as they declared -they would, to the several parties at the very time of -transacting it; then the French would have pretensions to -the whole monarchy. And so it proved in the event; for -the late King of Spain reckoning it an indignity to have his -territories cantoned out into parcels, by other princes, during -his own life, and without his consent, rather chose to bequeath -the monarchy entire to a younger son of France: And this -<span class="pagenum"><a name="Page_114" id="Page_114">{114}</a></span> -prince<span -class="fnanchor"><a name="Ref_33" id="Ref_33" href="#Foot_33">[33]</a></span> was acknowledged for King of Spain both by us and -Holland.</p> - -<p>It must be granted, that the counsels of entering into this -war were violently opposed by the church-party, who first -advised the late king to acknowledge the Duke of Anjou; and -particularly, 'tis affirmed that a certain great person,<span -class="fnanchor"><a name="Ref_34" id="Ref_34" href="#Foot_34">[34]</a></span> who was -then in the church interest, told the king in November, 1701, -That since His Majesty was determined to engage in a war -so contrary to his private opinion, he could serve him no -longer, and accordingly gave up his employment; though he -happened afterwards to change his mind, when he was to be -at the head of the Treasury, and have the sole management -of affairs at home; while those abroad were to be in the -hands of one, whose advantage, by all sorts of ties, he was -engaged to promote.</p> - -<p>The declarations of war against France and Spain, made -by us and Holland, are dated within a few days of each -other. In that published by the States, they say very truly -That "they are nearest, and most exposed to the fire; that -they are blocked up on all sides, and actually attacked by -the Kings of France and Spain; that their declaration is the -effect of an urgent and pressing necessity;" with other expressions -to the same purpose. They "desire the assistance -of all kings and princes," &c. The grounds of their -quarrel with France, are such as only affect themselves, or -at least more immediately than any other prince or state; -such as, "the French refusing to grant the Tariff promised -by the treaty of Ryswick; the loading the Dutch inhabitants -settled in France, with excessive duties, contrary to the said -treaty; the violation of the Partition Treaty, by the French -accepting the King of Spain's will, and threatening the -<span class="pagenum"><a name="Page_115" id="Page_115">{115}</a></span> -States, if they would not comply; the seizing the Spanish -Netherlands by the French troops, and turning out the -Dutch, who by permission of the late King of Spain were in -garrison there; by which means that republic was deprived -of her barrier, contrary to the treaty of partition, where it -was particularly stipulated, that the Spanish Netherlands -should be left to the archduke." They alleged, that "the -French king governed Flanders as his own, though under -the name of his grandson, and sent great numbers of troops -thither to fright them: That he had seized the city and -citadel of Liège, had possessed himself of several places in -the archbishopric of Cologne, and maintained troops in the -country of Wolfenbuttel, in order to block up the Dutch on all -sides; and caused his resident to give in a memorial, wherein -he threatened the States to act against them, if they refused -complying with the contents of that memorial."</p> - -<p>The Queen's declaration of war is grounded upon the grand -alliance, as this was upon the unjust usurpations and encroachments -of the French king; whereof the instances produced -are, "his keeping in possession a great part of the -Spanish dominions, seizing Milan and the Spanish Low -Countries, making himself master of Cadiz, &c. And instead -of giving satisfaction in these points, his putting an indignity -and affront on Her Majesty and kingdoms, by declaring the -pretended Prince of Wales, K. of England, &c.," which last -was the only personal quarrel we had in the war; and even -this was positively denied by France, that king being willing -to acknowledge Her Majesty.</p> - -<p>I think it plainly appears by both declarations, that England -ought no more to have been a principal in this war, than -Prussia, or any other power, who came afterwards into that -alliance. Holland was first in the danger, the French troops -being at that time just at the gates of Nimeguen. But the -complaints made in our declaration, do all, except the last, as -much or more concern almost every prince in Europe.</p> - -<p>For, among the several parties who came first or last into -this confederacy, there were but few who, in proportion, had -<span class="pagenum"><a name="Page_116" id="Page_116">{116}</a></span> -more to get or to lose, to hope or to fear, from the good or -ill success of this war, than we. The Dutch took up arms -to defend themselves from immediate ruin; and by a successful -war, they proposed to have a larger extent of country, -and a better frontier against France. The emperor hoped -to recover the monarchy of Spain, or some part of it, for his -younger son, chiefly at the expense of us and Holland. The -King of Portugal had received intelligence, that Philip designed -to renew the old pretensions of Spain upon that -kingdom, which is surrounded by the other on all sides, -except towards the sea, and could therefore only be defended -by maritime powers. This, with the advantageous -terms offered by K. Charles,<span -class="fnanchor"><a name="Ref_35" id="Ref_35" href="#Foot_35">[35]</a></span> as well as by us, prevailed with -that prince to enter into the alliance. The Duke of Savoy's -temptations and fears were yet greater: The main charge of -the war on that side was to be supplied by England, and -the profit to redound to him. In case Milan should be -conquered, it was stipulated that his highness should have -the Duchy of Montferrat, belonging to the Duke of Mantua, -the provinces of Alexandria and Valencia, and Lomellino, -with other lands between the Po and the Tanaro, together -with the Vigevenasco, or in lieu of it, an equivalent out of -the province of Novara, adjoining to his own state; beside -whatever else could be taken from France on that side by -the confederate forces. Then, he was in terrible apprehensions -of being surrounded by France, who had so many -troops in the Milanese, and might have easily swallowed up -his whole duchy.</p> - -<p>The rest of the allies came in purely for subsidies, whereof -they sunk considerable sums into their own coffers, and -refused to send their contingent to the emperor, alleging their -troops were already hired by England and Holland.</p> - -<p>Some time after the Duke of Anjou's succeeding to the -monarchy of Spain, in breach of the partition treaty, the -question here in England was, Whether the peace should be -continued, or a new war begun. Those who were for the -<span class="pagenum"><a name="Page_117" id="Page_117">{117}</a></span> -former alleged the debts and difficulties we laboured under; -that both we and the Dutch had already acknowledged -Philip for King of Spain; that the inclinations of the Spaniards -to the house of Austria, and their aversion for that of Bourbon, -were not so surely to be reckoned upon, as some would -pretend; that we thought it a piece of insolence, as well as -injustice, in the French to offer putting a king upon us; and -the Spaniards would conceive, we had as little reason to force -one upon them; that it was true, the nature and genius of -those two people differed very much, and so would probably -continue to do, as well under a king of French blood, as one of -Austrian; but, that if we should engage in a war for dethroning -the D. of Anjou, we should certainly effect what, by the -progress and operations of it, we endeavoured to prevent, I -mean an union of interest and affections between the two -nations; for the Spaniards must of necessity call in French -troops to their assistance: This would introduce French -counsellors into King Phillip's court; and this, by degrees, -would habituate and reconcile the two nations: That to assist -King Charles by English or Dutch forces, would render him -odious to his new subjects, who have nothing in so great an -abomination, as those whom they hold for heretics: That the -French would by this means become masters of the treasures -in the Spanish West Indies: That, in the last war, when Spain, -Cologne, and Bavaria were in our alliance, and by a modest -computation brought sixty thousand men into the field against -the common enemy; when Flanders, the seat of war, was on -our side, and His Majesty, a prince of great valour and conduct, -at the head of the whole confederate army; yet we had -no reason to boast of our success: How then should we be -able to oppose France with those powers against us, which -would carry sixty thousand men from us to the enemy, and so -make us, upon the balance, weaker by one hundred and -twenty thousand men at the beginning of this war, than of -that in 1688?</p> - -<p>On the other side, those whose opinion, or some private -motives, inclined them to give their advice for entering into a -<span class="pagenum"><a name="Page_118" id="Page_118">{118}</a></span> -new war, alleged how dangerous it would be for England, that -Philip should be King of Spain; that we could have no security -for our trade, while that kingdom was subject to a prince of -the Bourbon family; nor any hopes of preserving the balance -of Europe, because the grandfather would, in effect, be king, -while his grandson had but the title, and thereby have a -better opportunity than ever of pursuing his design for -universal monarchy. These and the like arguments prevailed; -and so, without offering at any other remedy, without taking -time to consider the consequences, or to reflect on our own -condition, we hastily engaged in a war which hath cost us -sixty millions; and after repeated, as well as unexpected -success in arms, hath put us and our posterity in a worse -condition, not only than any of our allies, but even our -conquered enemies themselves.</p> - -<p>The part we have acted in the conduct of this whole war, -with reference to our allies abroad, and to a prevailing faction -at home, is what I shall now particularly examine; where I -presume it will appear, by plain matters of fact, that no nation -was ever so long or so scandalously abused by the folly, the -temerity, the corruption, the ambition of its domestic enemies; -or treated with so much insolence, injustice and ingratitude -by its foreign friends.</p> - -<p>This will be manifest by proving the three following points.</p> - -<p><i>First</i>, That against all manner of prudence, or common -reason, we engaged in this war as principals, when we ought -to have acted only as auxiliaries.</p> - -<p><i>Secondly</i>, That we spent all our vigour in pursuing that -part of the war which could least answer the end we proposed -by beginning of it; and made no efforts at all where we could -have most weakened the common enemy, and at the same -time enriched ourselves.</p> - -<p><i>Lastly</i>, That we suffered each of our allies to break every -article in those treaties and agreements by which they were -bound, and to lay the burthen upon us.</p> - -<div class="footnote"> - -<p class="nodent"><a name="Foot_30" id="Foot_30" href="#Ref_30">[30]</a> -Dr. Gilbert Burnet, Bishop of Sarum.</p> - -<p class="nodent"><a name="Foot_31" id="Foot_31" href="#Ref_31">[31]</a> -The Peace of Ryswick, concluded in October, 1697. All that -Louis did for England by that peace was to acknowledge William as -King of England, and to engage not to assist his enemies. The Dutch -and Leopold, however, were much better treated. The former had its -commerce re-established, while to the latter were given many fortresses -and towns, and advantages strengthening his empire. The Peace of -Ryswick was truly not a peace, but a temporary cessation of hostilities.</p> - -<p class="nodent"><a name="Foot_32" id="Foot_32" href="#Ref_32">[32]</a> -The Partition Treaties arose out of the troublesome question of the -Spanish succession. After the Peace of Ryswick William III. and -Louis XIV. attempted to settle this question by a partition of the -Spanish possessions.</p> - -<p class="nodent"><a name="Foot_33" id="Foot_33" href="#Ref_33">[33]</a> -This was Philip of Anjou, second son of the Dauphin.</p> - -<p class="nodent"><a name="Foot_34" id="Foot_34" href="#Ref_34">[34]</a> -Sidney Godolphin, one of the greatest financiers among English -statesmen. He was Lord High Treasurer under Queen Anne, and an -intimate friend, as well as relative by marriage, of Marlborough. He -was created an Earl in 1706, but was removed from his office at the fall -of the Whig ministry in 1710.</p> - -<p class="nodent"><a name="Foot_35" id="Foot_35" href="#Ref_35">[35]</a> -The Archduke Charles, who styled himself Charles III. of Spain.</p> - -</div> - -<div class="pagenum"><a name="Page_119" id="Page_119">{119}</a></div> - -<h2>VICAR OF BRAY.</h2> - -<p class="center"><i>Old Song Composed in the time of George I.</i></p> - -<p class="center small">The song illustrates the many changes of religion in the later -Stuart period.</p> - -<div class="poetry-container"> -<div class="poetry"> - - <div class="stanza"> - <div class="versenum">1.</div> - <div class="verse">In good King Charles's golden days</div> - <div class="verse">When loyalty no harm meant,</div> - <div class="verse">A zealous High-Churchman was I,</div> - <div class="verse">And so I got preferment.</div> - <div class="verse">To teach my flock, I never missed,</div> - <div class="verse">Kings were by God appointed,</div> - <div class="verse">And damned are those that dare resist</div> - <div class="verse">Or touch the Lord's anointed.</div> - </div> - - <div class="stanza2"> - <div class="versenum"><i>Chorus.</i></div> - <div class="verse">And this is law that I'll maintain</div> - <div class="verse">Until my dying day, sir,</div> - <div class="verse">That whatsoever King shall reign</div> - <div class="verse">I'll still be Vicar of Bray, sir.</div> - </div> - - <div class="stanza"> - <div class="versenum">2.</div> - <div class="verse">When royal James possessed the Crown</div> - <div class="verse">And Popery came in fashion</div> - <div class="verse">The penal laws I hooted down</div> - <div class="verse">And signed the Declaration.</div> - <div class="verse">The Church of Rome I found would fit</div> - <div class="verse">Full well my constitution,</div> - <div class="verse">And I had been a Jesuit</div> - <div class="verse">But for the Revolution.</div> - </div> - - <div class="stanza2"> - <div class="versenum"><i>Chorus.</i></div> - <div class="verse">And this is law, etc.</div> - </div> - - <div class="stanza"> - <div class="versenum">3.</div> - <div class="verse">When William was our King declared</div> - <div class="verse">To ease the nation's grievance,</div> - <div class="verse">With this new wind about I steered</div> - <div class="verse">And swore to him allegiance.</div> - <div class="verse">Old principles I did revoke,</div> - <div class="verse">Set conscience at a distance;</div> - <div class="verse">Passive obedience was a joke,</div> - <div class="verse">A jest was non-resistance.</div> - </div> - - <div class="stanza2"> - <div class="versenum"><i>Chorus.</i></div> - <div class="verse">And this is law, etc.</div> - </div> - - <div class="stanza"> - <div class="pagenum"><a name="Page_120" id="Page_120">{120}</a></div> - <div class="versenum">4.</div> - <div class="verse">When royal Anne became our Queen,</div> - <div class="verse">—The Church of England's glory,—</div> - <div class="verse">Another face of this was seen</div> - <div class="verse">And I became a Tory.</div> - <div class="verse">Old principles I did revoke,</div> - <div class="verse">Set conscience at a distance;</div> - <div class="verse">Passive obedience was a joke,</div> - <div class="verse">A jest was non-resistance.</div> - </div> - - <div class="stanza2"> - <div class="versenum"><i>Chorus.</i></div> - <div class="verse">And this is law, etc.</div> - </div> - - <div class="stanza"> - <div class="versenum">5.</div> - <div class="verse">When George in Pudding-time came o'er,</div> - <div class="verse">And moderate men looked big, sir,</div> - <div class="verse">My principles I changed once more,</div> - <div class="verse">And thus became a Whig, sir.</div> - <div class="verse">And so preferment I secured</div> - <div class="verse">From our new faith's defender,</div> - <div class="verse">And almost every day abjured</div> - <div class="verse">The Pope and the Pretender.</div> - </div> - - <div class="stanza2"> - <div class="versenum"><i>Chorus.</i></div> - <div class="verse">And this is law, etc.</div> - </div> - - <div class="stanza"> - <div class="versenum">6.</div> - <div class="verse">The illustrious House of Hanover</div> - <div class="verse">And Protestant Succession,</div> - <div class="verse">To them I do allegiance swear—</div> - <div class="verse">Whilst they can keep possession.</div> - <div class="verse">For in my faith and loyalty</div> - <div class="verse">I never more shall falter,</div> - <div class="verse">And George my lawful King shall be—</div> - <div class="verse">Until the times do alter.</div> - </div> - - <div class="stanza2"> - <div class="versenum"><i>Chorus.</i></div> - <div class="verse">And this is law, etc.</div> - </div> - -</div> -</div> - -<div id="box"> - -<h2>BELL'S ENGLISH HISTORY SOURCE BOOKS</h2> - -<p class="center">Scope of the Series and Arrangement of Volumes.</p> - -<ol> - - <li>Roman Britain to 449.</li> - <li> 449-1066.</li> - <li>1066-1154.</li> - <li>1154-1216.</li> - <li>1216-1307.</li> - <li>1307-1399.</li> - <li>1399-1485.</li> - <li>1485-1547.</li> - <li>1547-1603. <i>Immediately.</i></li> - <li>1603-1660. <i>Now Ready.</i></li> - <li>1660-1714.<span class="ditto">"</span></li> - <li>1714-1760. <i>Immediately.</i></li> - <li>1760-1801. <i>Now Ready.</i></li> - <li>1801-1815. <i>Immediately.</i></li> - <li>1815-1837.</li> - <li>1837-1856.</li> - <li>1856-1876.</li> - <li>1876-1887.</li> - <li>1887-1901.</li> - <li>1901-1912.</li> - -</ol> - - <p class="center"><i>The volumes are issued in uniform style.<br /> - Price 1s. net each.</i></p> - -</div> - -<p class="print-pub">BILLING AND SONS, LTD., PRINTERS, GUILDFORD</p> - - - - - - - - -<pre> - - - - - -End of the Project Gutenberg EBook of A Constitution in Making (1660-1714), by -G. 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