all were overt acts, for though no man should be condemned by one
witness for any one act, yet for several acts to the same intent it was
valid; which was my Lord's case. This being past, and the Peers in their
seats again, the Lord Chancellor Finch (this day the Lord High-Steward)
removing to the woolsack next his Majesty's state, after summoning the
lieutenant of the tower to bring forth his prisoner, and proclamation
made for silence, demanded of every peer (who were in all eighty-six)
whether William, Lord Viscount Stafford, were guilty of the treason laid
to his charge, or not guilty.

Then the Peer spoken to, standing up, and laying his right hand upon his
breast, said Guilty, or Not Guilty, upon my honour, and then sat down,
the Lord Steward noting their suffrages as they answered upon a paper:
when all had done, the number of Not guilty being but 31, the Guilty 55:
and then, after proclamation for silence again, the Lord Steward
directing his speech to the prisoner, against whom the axe was turned
edgeways and not before, in aggravation of his crime, he being ennobled
by the King's father, and since received many favours from his present
Majesty: after enlarging on his offence, deploring first his own
unhappiness that he who had never condemned any man before should now be
necessitated to begin with him, he then pronounced sentence of death by
hanging, drawing, and quartering, according to form, with great
solemnity and dreadful gravity; and after a short pause, told the
prisoner that he believed the Lords would intercede for the omission of
some circumstances of his sentence, beheading only excepted; and then
breaking his white staff, the Court was dissolved. My Lord Stafford
during all this latter part spake but little, and only gave their
Lordships thanks after the sentence was pronounced; and indeed behaved
himself modestly, and as became him.

It was observed that all his own relations of his name and family
condemned him, except his nephew, the Earl of Arundel, son to the Duke
of Norfolk. And it must be acknowledged that the whole trial was carried
on with exceeding gravity: so stately and august appearance I had never
seen before; for besides the innumerable spectators of gentlemen and
foreign ministers, who saw and heard all the proceedings, the prisoner
had the consciences of all the Commons of England for his accusers, and
all the Peers to be his Judges and Jury. He had likewise the assistance
of what counsel he would, to direct him in his plea, who stood by him.
And yet I can hardly think that a person of his age and experience
should engage men whom he never saw before (and one of them that came to
visit him as a stranger at Paris) _point blank_ to murder the King: God
only who searches hearts, can discover the truth. Lord Stafford was not
a man beloved, especially of his own family.

_22nd._ A solemn public Fast that God would prevent all Popish plots,
avert his judgments, and give a blessing to the proceedings of
parliament now assembled, and which struck at the succession of the Duke
of York.

_29th._ The Viscount Stafford was beheaded on Tower-hill.

CHARACTER OF SHAFTESBURY (1681).

+Source.+--Dryden's _Absalom and Achitophel_.

        ... The false Achitophel[12] was ...
  A name to all succeeding ages curst.
  For close designs and crooked counsels fit,
  Sagacious, bold, and turbulent of wit,
  Restless, unfixed in principles and place,
  In power unpleased, impatient of disgrace;
  A fiery soul, which working out its way,
  Fretted the pigmy body to decay,
  And o'er-informed the tenement of clay.
  A daring pilot in extremity,
  Pleased with the danger, when the wave went high,
  He sought the storms; but, for a calm unfit,
  Would steer too nigh the sands to boast his wit.
  Great wits are sure to madness near allied,
  And thin partitions do their bounds divide.
  Else, why should he, with wealth and honour blest,
  Refuse his age the needful hours of rest?
  Punish a body which he could not please,
  Bankrupt of life, yet prodigal of ease?
  And all to leave what with his toil he won
  To that unfeathered two-legged thing, a son
  Got while his soul did huddled notions try,
  And born a shapeless lump, like anarchy.
  In friendship false, implacable in hate
  Resolved to ruin or to rule the State.
  To compass this the triple bond he broke,
  The pillars of the public safety shook,
  And fitted Israel[13] for a foreign yoke.
  Then, seized with fear, yet still affecting fame,
  Usurped a patriot's all atoning name.
  So easy still it proves in factious times
  With public zeal to cancel private crimes.
  How safe is treason and how sacred ill,
  Where none can sin against the people's will;
  Where none can wink and no offence be known,
  Since in another's guilt they find their own!
  Yet fame deserved no enemy can grudge:
  The statesman we abhor, but praise the judge.
  In Israel's courts ne'er sat an Abbethdin[14]
  With more discerning eyes or hands more clean,
  Unbribed, unsought, the wretched to redress,
  Swift of despatch and easy of access.
  Oh! had he been content to serve the Crown
  With virtues only proper to the gown,
  Or had the rankness of the soul been freed
  From cockle that oppressed the noble seed,
  David[15] for him his tuneful harp had strung
  And Heaven had wanted one immortal song.
  But, wild ambition loves to slide, not stand,
  And Fortune's ice prefers to Virtue's land.
  Achitophel, grown weary to possess
  A lawful fame and lazy happiness,
  Disdained the golden fruit to gather free
  And lent the crowd his arm to shake the tree.
  Now, manifest of crimes contrived long since,
  He stood at bold defiance with his Prince,
  Held up the buckler of the people's cause
  Against the Crown, and skulked behind the laws.
  The wished occasion of the Plot[16] he takes;
  Some circumstances finds, but more he makes;
  By buzzing emissaries fills the ears
  Of listening crowds with jealousies and fear
  Of arbitrary counsels brought to light,
  And proves the King himself a Jebusite.[17]
  Weak arguments! which yet he knew full well
  Were strong with people easy to rebel.
  For governed by the moon, the giddy Jews[18]
  Tread the same track when she the prime renews.
  And once in twenty years, their scribes record,
  By natural instinct they change their lord.
  Achitophel still wants a chief, and none
  Was found so fit as warlike Absalom.[19]
  Not that he wished his greatness to create,
  For politicians neither love nor hate:
  But, for he knew his title not allowed
  Would keep him still depending on the crowd:
  That kingly power, thus ebbing out, might be
  Drawn to the dregs of a democracy.
  Him he attempts with studied arts to please.

[12] Shaftesbury.

[13] England.

[14] The President of the Jewish judicature. Shaftesbury had been made
Lord Chancellor in 1672.

[15] Charles II.

[16] The Popish Plot.

[17] A Roman Catholic.

[18] The English people.

[19] Monmouth, whom Shaftesbury proposed as Charles II.'s successor
during the Exclusion controversy (1679-1681).

JUDGE JEFFREYS--A CHARACTER SKETCH.

+Source.+--North's _Lives of the Norths_. Vol. i., pp. 288-291. Bohn
edition.

"Noisy in nature. Turbulent at first setting out. Deserter in
difficulties. Full of tricks. Helped by similar friendships. Honesty,
law, policy, alike."

This, to conclude, is the summary character of the Lord Chief Justice
Jeffreys and needs no interpreter. And since nothing historical is amiss
in a design like this, I will subjoin what I have personally noted of
that man; and some things of indubitable report concerning him. His
friendships and conversation lay among the good fellows and humorists;
and his delights were accordingly, drinking, laughing, singing, kissing,
and all the extravagances of the bottle. He had a set of banterers, for
the most part, near him; as in old time men kept fools to make them
merry. And these fellows abusing one another and their betters, were a
regale to him. And no friendship or dearness could be so great in
private which he would not use ill, and to an extravagant degree, in
publick. No one that had any expectations from him was safe from his
public contempt and derision which some of his minions at the bar
bitterly felt. Those above or that could hurt or benefit him, and none
else, might depend on fair quarter at his hands. When he was in temper
and matters indifferent came before him, he became his seat of justice
better than any other I ever saw in his place. He took a pleasure in
mortifying fraudulent attorneys and would deal forth his severities with
a sort of majesty. He had extraordinary natural abilities, but little
acquired beyond that practice in affairs had supplied. He talked
fluently and with spirit; and his weakness was that he could not
reprehend without scolding; and in such Billingsgate language as should
not come out of the mouth of any man. He called it "giving a lick with
the rough side of his tongue." It was ordinary to hear him say, "Go, you
are a filthy, lousy, nitty rascal;" with much more of like elegance.
Scarce a day passed that he did not chide some one or other of the bar
when he sat in the Chancery: and it was commonly a lecture of a quarter
of an hour long. And they used to say, "This is yours; my turn will be
to-morrow." He seemed to lay nothing of his business to heart nor care
what he did or left undone; and spent in the Chancery court what time he
thought fit to spare. Many times on days of causes at his house, the
company have waited five hours in a morning, and after eleven, he hath
come out inflamed and staring like one distracted. And that visage he
put on when he animadverted on such as he took offence at, which made
him a terror to real offenders; whom also he terrified, with his face
and voice, as if the thunder of the day of judgement broke over their
heads; and nothing ever made men tremble like his vocal inflictions. He
loved to insult and was bold without check; but that only when his place
was uppermost. To give an instance. A city attorney was petitioned
against for some abuse; and affidavit was made that when he was told of
my lord chancellor, "My lord chancellor," said he, "I made him;" meaning
his being a means to bring him early into city business. When this
affidavit was read, "Well," said the lord chancellor, "then I will lay
my maker by the heels." And with that conceit one of his best old
friends went to jail. One of these intemperances was fatal to him. There
was a scrivener of Wapping brought to hearing for relief against a
bummery bond[20]; the contingency of losing all being showed, the bill
was going to be dismissed. But one of the plaintiff's counsel said that
he was a strange fellow, and sometimes went to church, sometimes to
conventicles; and none could tell what to make of him; and "it was
thought he was a trimmer." At that the chancellor fired; and "A
trimmer!" said he; "I have heard much of that monster, but never saw
one. Come forth Mr. Trimmer, turn you round and let us see your shape:"
and at that rate talked so long that the poor fellow was ready to drop
under him; but at last, the bill was dismissed with costs, and he went
his way. In the hall, one of his friends asked him how he came off?
"Came off," said he, "I am escaped from the terrors of that man's face
which I would scarce undergo again to save my life; and I shall
certainly have the frightful impression of it as long as I live."
Afterwards when the Prince of Orange came, and all was in confusion,
this lord chancellor, being very obnoxious, disguised himself in order
to go beyond sea. He was in a seaman's garb and drinking a pot in a
cellar. This scrivener came into the cellar after some of his clients;
and his eye caught that face which made him start; and the chancellor,
seeing himself eyed, feigned a cough and turned to the wall with his pot
in his hand. But Mr. Trimmer went out and gave notice that he was there;
whereupon the mob flowed in and he was in extreme hazard of his life;
but the lord mayor saved him and lost himself. For the chancellor being
hurried with such crowd and noise before him, and so dismally not only
disguised but disordered; and there having been an amity betwixt them,
as also a veneration on the lord mayor's part, he had not spirits to
sustain the shock but fell down in a swoon; and, in not many hours
after, died. But this Lord Jeffries came to the seal without any concern
at the weight of duty incumbent upon him; for at the first being merry
over a bottle with some of his old friends, one of them told him that he
would find the business heavy. "No," said he, "I'll make it light." But,
to conclude with a strange inconsistency, he would drink and be merry,
kiss and slaver, with these bon companions over night, as the way of
such is, and the next day fall upon them ranting and scolding with a
virulence insufferable.

[20] A mortgage on a ship.

THE TRIAL OF THE SEVEN BISHOPS (1688).

+Source.+--Bishop Kennet's _Complete History_, vol. iii., pp. 484-486.
1706 edition.

On June 15, came on the Bishop's Tryal, the most Important, perhaps,
that was ever known before in Westminster-Hall; not only Seven Prelates
Contending for the Rights of the _Anglican_ Church, but Seven Peers of
the Realm Standing up for the Liberties of England. The Court of
King's-Bench being Sat, His Majesty's Attorney-General mov'd for a
_Habeas Corpus_, directed to Sir _Edward Hales_ Lieutenant of the
_Tower_, to bring up His Grace the Lord Arch-Bishop of _Canterbury_, and
the Six Bishops; which was granted, and the Prisoners were accordingly
brought up by Water. At their Landing, they were receiv'd by several
Divines, and Persons of Quality, and by a vast Concourse of People, who
with repeated acclamations uttered wishes for their Deliverance. On the
Bench sate Sir Robert Wright, Lord Chief-Justice, and Mr. Justice
Holloway, two of the King's Creatures; Mr. Justice _Powell_ a Protestant
of great Integrity, and Mr. Justice Allibone a profess'd Papist. The
Councel for the King, was Sir _Thomas Powis_ Attorney-General, Sir
William Williams Solicitor-General, Sir _Bartholomew Shower_ Recorder of
_London_, Serjeant _Trinder_ a Papist, etc. And for the Prisoners, Sir
_Robert Sawyer_, Mr. _Finch_, Mr. _Pollexfen_, Sir _George Treby_,
Serjeant _Pemberton_, Serjeant _Levinz_, and the last and greatest, Mr.
_Somers_. The Court was extremely fill'd, and with Persons of the
Highest Quality, as if they interpos'd in the last Tryal for the
Liberties of the Church and Nation; The Marquesses of _Hallifax_ and
_Worcester_, the Earls of _Shrewsbury_, _Kent_, _Bedford_, _Dorset_,
_Bullingbrooke_, _Manchester_, _Burlington_, _Carlisle_, _Danby_,
_Radnor_ and _Nottingham_; Viscount _Falconberg_, and the Lords Grey of
_Ruthyn_, _Paget_, _Shandois_, _Vaughan_, and _Carberry_. The Return and
Warrant being read, the Attorney-General mov'd, That the Information
might be read to the Prisoners, and that they might immediately Plead to
it. This Motion the Bishops' Councel opposed; Objecting, First, that the
Prisoners were Committed by the Lord Chancellor, and some other of the
Privy Council, without expressing the Warrant, That it was by Order of
the Privy-Council; and therefore, That the Commitment was Illegal, and
that the Prisoners were not Legally in Court. And, Secondly, That the
Fact for which they were Committed was such, as they ought not to have
been Imprison'd for; because a Peer ought not to be Committed, in the
first Instance, for a Misdemeanor. Judge _Powel_ refused to deliver his
Opinion, before he had consulted Books: But the Lord Chief-Justice,
Judge _Allibone_ and Judge _Holloway_ Agreed, That the Fact charg'd in
the Warrant, was such a Misdemeanor, as was a Breach of the Peace; and
therefore, That the Information ought to be read, and the Bishops must
Plead to it. After the reading of the Information, the Bishops' Councel
desir'd that they might have an Imparlance till the next Term, to
consider what they had to Plead. Sir Samuel _Astry_, Clerk of the Crown,
being ask'd what was the Course of the Court? Answer'd, that of late
Years, if a Man appear'd upon a Recognizance, or was a Person in
Custody, he ought to Plead at the first Instance; but that he had known
it to be at the Discretion of the Court to grant what Line they pleas'd.
After this Answer, the Lord Chief-Justice declar'd, That the Bishops
should now Plead to the Information. Thereupon the Lord Arch-Bishop of
_Canterbury_ offer'd a Plea in behalf of himself and his Brethren the
other Defendants, alledging, _That they were Peers of this Kingdom of_
ENGLAND, _and Lords of Parliament, and ought not to be compell'd to
Answer instantly, for the Misdemeanour mentioned in the Information; but
that they ought to be requir'd to Appear by due Process of Law; and upon
their Appearance, to have a Copy of the said Information, and reasonable
Time given them to Imparle thereupon_. The King's Councel labour'd hard
to have the Plea rejected. After a long Debate, Judge _Powel_ said, He
was for receiving the Plea, and Considering of it; but the rest of the
Judges declar'd for Rejecting of it: So the Prisoners at last Pleaded,
_Not Guilty_. The King's Councel pray'd, the Clerk might join Issue on
behalf of the King; and desir'd the Defendants to take Notice, That they
intended to Try this Cause on that Day Fortnight; adding That they were
Bailable, if they pleas'd. Sir _Robert Sawyer_ desir'd, that their own
Recognizance might be taken; which was readily granted.

On _June 29_ the Bishops Appear'd before the Court of _King's Bench_,
according to their Recognizance, the Appearance being still greater than
a Fortnight before; for there were now present the Marquesses of
_Halifax_, and _Worcester_, the Earls of _Shrewsbury_, _Kent_,
_Bedford_, _Pembroke_, _Dorset_, _Bullenbrooke_, _Manchester_, _Rivers_,
_Stamford_, _Carnarven_, _Chesterfield_, _Scarsdale_, _Clarendon_,
_Danby_, _Sussex_, _Radnor_, _Nottingham_ and _Abington_, Viscount
_Falconberg_, and the Lords _Newport_, _Grey_ of _Ruthyn_, _Paget_,
_Shandois_, _Vaughan_, _Carberry_, _Lumley_, _Carteret_ and _Ossulston_.
This splendid Appearance was chiefly owing to the indefatigable Care and
Solicitation of the Clergy, and especially of the Reverend Dr.
_Tennison_. And indeed, the making such a Figure in the Court, had
possibly some good Effect upon the Jury, if not upon the Bench: And it
was afterwards observ'd by way of Jesting upon Words _That the Bishops
were Deliver'd by the_ Nobilee _before, and the_ Mobilee _behind_. The
Information being Read, and Open'd to the Jury; the Attorney-General, to
take off the Odium of this Prosecution, and in some measure to pacify
the People, who could not forbear showing their Resentments, even in the
face of the Court, began with Observing, First, That the Bishops were
not Prosecuted as Bishops, much less for any Point or Matter of
Religion, but as Subjects of this Kingdom, and only for a Temporal
Crime, as having censur'd and Affronted the King to his very Face.
Secondly, That they were not Prosecuted for Omitting to do any thing;
but as they were Actors in Accusing, and, in effect, of Arraigning His
Majesty, and his Government &c. A great deal of Time was spent in
Proving, that the Petition produc'd in Court, was the Hand writing of
the Arch-Bishop of _Canterbury_; That it was Signed by him and the Six
Bishops; And that it was the same which was Presented to His Majesty.
After an Elaborate Proof of these Particulars, by the Depositions of Sir
_John Nicholas_ ... and by the Earl of _Sunderland_, who in Court
affirm'd, That he Introduced the Bishops, and was in the Room when they
deliver'd the said _Petition_ to His Majesty. The Fact being Prov'd, the
Bishop's Councel were very Learned and Eloquent in Defence of their
Clients: Mr. _Somers_ spoke last, and mention'd the great Case of
_Thomas_ and _Sorrel_ in the _Exchequer-Chamber_, upon the Validity of a
_Dispensation_; urging, That there it was the Opinion of every one of
the Judges, That there never could be an Abrogation, or a Suspension
(which is a Temporary Abrogation) of an Act of Parliament, but by the
Legislative Power: That indeed it was Disputed, how far the King might
Dispense with the Penalties in such a particular Law, as to particular
Persons; but it was Agreed by all, That the King had no Power to Suspend
any Law: That by the Law of all Civiliz'd Nations, If the Prince does
require something to be done, which the Person who is to do it takes to
be Unlawful; it is not only Lawful, but his Duty, _Rescribere Principi_;
which is all the Bishops had done here, and that in the most humble
manner: That as to Matters of Fact alleg'd in the said _Petition_, there
cou'd be no Design to Diminish the Prerogative, because the King had no
such Prerogative: That the _Petition_ cou'd not be Seditious, because it
was Presented to the King in Private, and Alone; Nor False, because the
Matter of it was True; Nor Malicious, for the Occasion was not sought,
the Thing was press'd upon them; Nor, in short, a Libel, because the
Intent was Innocent, and they kept within the Bounds set by the Act of
Parliament, that gives the Subject leave to apply to his Prince by
Petition, when he is aggriev'd.

When the Councel on both sides had done, Chief-Justice _Wright_ summ'd
up the Evidence, and told the Jury, That Sometimes the _Dispensing
Power_ had been allow'd, as in Richard IId's time, and sometimes deny'd;
but that it was a Question out of the present Case; If they believ'd the
Petition to be the same that was Presented by the Bishops to the King,
then the Publication was sufficiently Prov'd: And whatever tended to
Disturb the Government, or make a Stir among the People, was certainly
within the Name of _Libellus Famosus_; and his opinion, in short, was,
That the Bishops _Petition_ was a _Libel_.

Mr. Justice _Holloway_ declar'd, That the End and Intention of every
Action was to be Consider'd: That the Bishops were Charg'd with
Delivering a _Petition_ which, according to their Defence, was done with
all the Humility and Decency imaginable: That the Delivering of a
_Petition_ could be no fault, it being the right of every Subject to
_Petition_: Therefore, if the Jury were satisfy'd, They did it with no
Ill Intention, but only to shew the Reasons for their Disobedience to
the King's Command, he cou'd not think it to be a _Libel_.

Mr. Justice _Powel_ more plainly declar'd, That He could discern no
Sedition or any other Crime fixed upon the Bishops, since there was
nothing offer'd by the King's Councel to render the _Petition_ False,
Seditious or Malicious. He admonish'd the Jury to Consider that the
Contents of the _Petition_ were, That the Bishops Apprehended the
_Declaration to be Illegal, as being founded upon a_ Dispensing Power
_claim'd by the King_; and that for his Part he did not remember in any
Case in all the Law, that there was any such Power in the King, and if
not, the _Petition_ could not be a Libel. He concluded with telling
them, That he could see no Difference between the King's Power to
_Dispense_ with the Laws Ecclesiastical, and his Power to Dispense with
any Laws whatsoever: That if this was once allow'd of, there would be no
need of Parliaments, and all the Legislature would be in the King, and
so he left the Issue to God and their Consciences.

Mr. Justice _Allibone_ was prepossess'd against Protestant Bishops, and
to deliver his Opinion of their Guilt, he laid down Two odd Positions;
1. That no Man can take upon him to Write against the Actual Exercise of
the Government, unless he have Leave from the Government, but he makes a
Libel by what he Writes, whether True or False. 2. That no private Man
can take upon him to Write concerning the Government; and therefore if
he intrudes himself into the Affairs of the Publick, he is a Libeller
for so doing. These Positions he back'd by a Resolution of the Judges of
King James 1st's Time; _That to frame a_ Petition _to the King to put
the Penal Laws in Execution, was next Door to Treason_; which is a gross
Misquotation, instead of a Petition _against the Penal Laws_, and for
which, being taken up by Justice _Powel_ and Serjeant _Pemberton_,
little Heed was given to any thing he said afterwards. Whereupon the
Jury withdrew, sat up all Night, and next Morning brought in the
Reverend Prelates, _Not Guilty_.

There were immediately very Loud Acclamations thro' _Westminster_-Hall,
and the Words _Not Guilty_, _Not Guilty_, went round with such Shouts
and Huzza's, that the King's Sollicitor mov'd very earnestly that such
as had shouted in the Court might be Committed; whereupon a Gentleman of
_Grey's-Inn_ was laid hold on, but soon discharged with this short
Reproof from the Chief-Justice; "_Sir, I am as glad as you can be that
Lords the Bishops are Acquitted but ... you might Rejoice in your
Chamber ... and not here_."

THE INVITATION TO THE PRINCE OF ORANGE
(1688).

+Source.+--Mackintosh: _History of the Revolution in England, in 1688_.
London, 1834. Appendix III., p. 691. (Reprinted from MS. in British
Museum.)

We have great satisfaction to find, by 35, and since, by Mons.
Zuylistein, that your Highness is so ready and willing to give us such
assistance as they have related to us. We have great reason to believe
we shall be every day in a worse condition than we are, and less able to
defend ourselves, and, therefore, we do earnestly wish we might be so
happy as to find a remedy before it be too late for us to contribute to
our own deliverance; but, although these be our wishes, yet we will by
no means put your Highness into any expectations which may misguide your
own councils in this matter; so that the best advice we can give is, to
inform your Highness truly both of the state of things here at this
time, and of the difficulties which appear to us. As to the first, the
people are so generally dissatisfied with the present conduct of the
government in relation to their religion, liberties, and properties (all
which have been greatly invaded); and they are in such expectations of
their prospects being daily worse, that your Highness may be assured
there are nineteen parts of twenty of the people throughout the kingdom
who are desirous of a change; and who, we believe, would willingly
contribute to it, if they had such a protection to countenance their
rising, as would secure them from being destroyed, before they could get
to be in a posture able to defend themselves: it is no less certain,
that much the greatest part of the nobility and gentry are as much
dissatisfied, although it be not safe to speak to many of them
beforehand; and there is no doubt but that some of the most considerable
of them would venture themselves with your Highness at your first
landing, whose interest would be able to draw great numbers to them,
whenever they could protect them, and the raising and drawing men
together; and, if such a strength could be landed as were able to defend
itself and them, till they could be got together into some order, we
make no question but that strength would be quickly increased to a
number double to the army here, although their army should remain firm
to them; whereas we do, upon very good grounds, believe, that their army
then would be very much divided among themselves; many of the officers
being so discontented, that they continue in their service only for a
subsistence (besides that some of their minds are known already): and
very many of the common soldiers do daily show such an aversion to the
Popish religion, that there is the greater probability imaginable of
great numbers of deserters which would come from them, should there be
such an occasion; and amongst the seamen, it is almost certain that
there is not one in ten who would do them any service in such a war.
Besides all this, we do much doubt whether this present state of things
will not yet be much changed to the worse, before another year, by a
great alteration, which will probably be made both in the officers and
soldiers of the army, and by such other changes as are not only to be
expected from a packed parliament, but what the meeting of any
parliament, in our present circumstances, may produce against those who
will be looked upon as principal obstructers of their proceedings there;
it being taken for granted, that, if things cannot then be carried to
their wishes in a parliamentary way, other measures will be put in
execution by more violent means; and, although such proceedings will
then heighten the discontent, yet such courses will, probably, be taken
at that time, as will prevent all possible means of relieving ourselves.

These considerations make us of opinion, that this is a season in which
we may more probably contribute to our own safeties than hereafter
(although we must own to your Highness there are some judgments
differing from ours in this particular), in so much that, if the
circumstances stand so with your Highness, that you believe you can get
here time enough in a condition to give assistance this year sufficient
for a relief under those circumstances which have been now represented,
we who subscribe this will not fail to attend your Highness upon your
landing, and to do all that lies in our power to prepare others to be in
as much readiness as such an action is capable of, where there is so
much danger in communicating an affair of such a nature, till it be near
the time of its being made public. But, as we have already told your
Highness, we must also lay our difficulties before your Highness; which
are chiefly, that we know not what alarum your preparations for this
expedition may give, or what notice it will be necessary for you to give
the states beforehand, by either of which means their intelligence or
suspicions here may be such as may cause us to be secured before your
landing; and we must presume to inform your Highness, that your
compliment upon the birth of the child (which not one in a thousand here
believes to be the Queen's) hath done you some injury; the false
imposing of that upon the Princess and the nation being not only an
infinite exasperation of people's minds here, but being certainly one of
the chief causes upon which the declaration of your entering the Kingdom
in a hostile manner must be founded upon your part, although many other
reasons are to be given on ours. If, upon a due consideration of all
these circumstances, your Highness shall think fit to venture upon the
attempt, or, at least, to make such preparations for it as are necessary
(which we wish you may), there must be no more time in letting us know
your resolution concerning it, and in what time we may depend that all
the preparations will be ready; as also whether your Highness does
believe the preparations can be so managed as not to give them warning
here, both to make them increase their force, and to secure those they
shall suspect would join with you. We need not say any thing about
ammunition, artillery, mortar-pieces, spare arms, etc., because, if you
think fit to put any thing in execution, you will provide enough of
these kinds, and will take care to bring some good engineers with you;
and we have desired Mr. H.[21] to consult you about all such matters, to
whom we have communicated our thoughts in many particulars too tedious
to have been written, and about which no certain resolutions can be
taken till we have heard again from your Highness.

   25       24        27     29      31          35          33
 SH.[22]  DEV.[23]  DANBY  LUMLEY  LONDON[24]  RUSSELL[25]  SYDNEY[26]

[21] Admiral Herbert.

[22] Shrewsbury.

[23] Devonshire.

[24] Compton, Bishop of London.

[25] Admiral Russell.

[26] Henry Sidney.

THE COMING OF WILLIAM OF ORANGE (1688).

+Source.+--From Burnet's _History of His Own Times_, pp. 286-293.
Abridged edition, 1841.

Torbay was thought the best place for the fleet to lie in, and it was
proposed to land the army as near as possible; but when it was perceived
next morning, that we had overrun it, and had nowhere to go now but to
Plymouth, where we could promise ourselves no favourable reception, the
Admiral began to give up all for lost, till the wind abating, and
turning to the south, with a soft and gentle gale carried the whole
fleet into Torbay in the space of four hours.

The foot immediately went on shore, the horse were next day landed, and
the artillery and heavy baggage sent to Topsham, the seaport of Exeter,
where the Prince intended to stay some time, both to refresh his men and
to give the country an opportunity to declare its affections. When the
Prince entered Exeter, the Bishop and Dean ran away, the clergy stood
off, the magistrates were fearful, and it was full a week before any
gentlemen of the country joined him, though they saw every day persons
of condition coming in to him--among the first of whom was Lord
Colchester, eldest son to the Earl of Rivers, Lord Wharton, Lord
Abingdon, and Mr. Russell, Lord Russell's brother.

Seymour was then Recorder of Exeter. He joined the Prince, with several
other gentlemen of quality and estate, and gave the good advice of
having an association signed by all who come in, as the only means to
prevent desertion, and to secure them entirely to the Prince's party.

The heads of the university of Oxford sent Dr. Finch, son to the Earl of
Winchelsea, then made Warden of All Souls College, to assure the Prince
that they would declare for him, inviting him at the same time to come
to Oxford, and to accept of their plate if he needed it. A sudden turn
from those principles which they carried so high not many years before!
But all this was but a small accession.

The King came down to Salisbury, and sent his troops twenty miles
farther; whereupon the Prince, leaving Devonshire and Exeter under
Seymour's government, with a small garrison and the heavy artillery
under Colonel Gibson, who was made Deputy Governor as to the military
part, advanced with his army; and understanding that some officers of
note (Lord Cornbury, Colonel Langston, and others) designed to come over
and bring their men with them, but that they could not depend on their
subalterns, he ordered a body of his men to advance, and favour their
revolt. The parties were within two miles of one another, when the
whisper ran about that they were betrayed, which put them in such
confusion that many rode back, though one whole regiment, and about a
hundred besides, came over in a body, which gave great encouragement to
the Prince's party, and (as it was managed by the flatterers) was made
an instance to the King of his army's fidelity to him, since those who
attempted to lead their regiments away were forced to do it by
stratagem, which, as soon as they perceived, they deserted their leaders
and came back.

But all this would not pacify the King's uneasy mind. His spirits sank,
his blood was in such a fermentation that it gushed out of his nose
several times a day, and with this hurry of thought and dejection of
mind all things about him began to put on a gloomy aspect. The spies
that he sent out took his money, but never returned to bring him any
information; so that he knew nothing but what common report told him,
which magnified the number of his enemies, and made him believe the
Prince was coming upon him before he had moved from Exeter. The city of
London, he heard, was unquiet; the Earls of Devonshire and Danby and
Lord Lumley were drawing great bodies of men in Yorkshire; the Lord
Delamere had a regiment in Cheshire; York and Newcastle had declared for
the Prince; and the bulk of the nation did so evidently discover their
inclinations for him, that the King saw he had nothing to trust to but
his army; and the army, he began to fear, was not to be relied on. In
conclusion, when he heard that Lord Churchill and the Duke of Grafton
(who was one of King Charles's sons by the Duchess of Cleveland), and
the most gallant of all he had, were gone to the Prince, and soon after
that Prince George, the Duke of Ormond, and the Lord Drumlanrig, eldest
son to the Duke of Queensberry, had forsaken him, he was quite
confounded, and not knowing whom to depend on any longer, or what
further designs might be against him, he instantly went to London.

The Princess Anne, when she heard of the King's return, was so struck
with the apprehension of his displeasure, and what possibly might be the
consequence of it, that she persuaded Lady Churchill to prevail with the
Bishop of London to carry them both off. The Bishop, as it was agreed,
received them about midnight at the back-stairs, and carried them to the
Earl of Dorset's, where they were furnished with what they wanted, and
so conducted them to Northampton, where that Earl soon provided a body
of horse to serve the Princess as her guard; and not long after a small
army was formed about her, which, according to their desire, was
commanded by the Bishop of London.

At this time there was a foolish ballad went about, treating the
Papists, and chiefly the Irish, in a ridiculous manner, which made an
impression on the army, and thence on the whole country, not to be
imagined but by those who saw it; and a bold man adventured to publish
in the Prince's name another Declaration, setting forth the desperate
designs of the Papists, and the great danger the nation was in by their
means, and requiring all persons to turn them out of their employments,
to secure all strong places, and to do their utmost in order to execute
the laws, and bring all things again into their proper channel. The
paper was penned with a good spirit, though none ever claimed the merit
of it, and no doubt being made but that it was published by the Prince's
direction, it set everything to work, and put the rabble and apprentices
to pulling down mass-houses and doing many irregular actions.

When the King saw himself thus forsaken, not only by those whom he had
trusted and favoured most, but even by his own children, the army in the
last distraction, the country on every side revolting, and the city in
an ungovernable fermentation, he called a general meeting of all the
Privy Councillors and Peers in town to ask their advice and what was fit
to be done. The general advice was that he should send commissioners to
the Prince to treat with him, which, though sore against the King's
inclination, the dejection he was in and the desperate state of his
affairs made him consent to. The persons appointed were the Marquis of
Halifax, the Earl of Nottingham, and the Lord Godolphin; and when they
had waited on the Prince at Hungerford, desiring to know what it was
that he demanded, after a day's consultation with those who were about
him, he returned answer "that he desired a Parliament might be presently
called, and no one continued in any employment who would not qualify
himself according to law; that the Tower of London might be put in the
keeping of the City, and the fleet and all strong places in the hands of
Protestants; that the armies on both sides might not, while the
Parliament was sitting, come within twenty miles of London; that a
proportion of the revenue might be set apart for the payment of the
Prince's army, and himself allowed to come to London with the same
number of guards that the King had."

These were the Prince's demands, which, when the King read, he owned
more moderate than he expected; but before they came to his hands he had
engaged himself in other resolutions. The priests and all violent
Papists, who saw that a treaty with the Prince would not only ruin their
whole design, but expose them as a mark and sacrifice to the malice of
their enemies, persuaded the Queen that she would certainly be
impeached, that witnesses would be set up against her and her son, and
that nothing but violence could be expected. With these suggestions they
wrought upon her fear so far, that she not only resolved to go to France
herself, and take the child with her, but prevailed with the King
likewise to follow her in a few days. The Queen went down to Portsmouth,
and from thence in a man-of-war went over to France, taking along with
her the midwife and those who were concerned in her son's birth, who not
long after were all so disposed of that it never could be yet learned
what became of them; and on the 10th of December, about three in the
morning, the King went away in disguise with Sir Edward Hales, whose
servant he pretended to be. They passed the river, throwing the Great
Seal into it, which was afterwards found by a fisherman near Vauxhall,
and in a miserable fisher-boat, which Hales had provided to carry them
over to France, when, not having gone far, some fishermen of Feversham,
who were watching for priests and such other delinquents as they fancied
were making their escape, came up to them, and knowing Sir Edward Hales,
took both the King and him, and brought them to Feversham.

It was strange that a great King, who had a good army and a strong
fleet, should choose rather to abandon all than either try his fate with
that part of the army that stood firm to him, or stay and see the issue
of Parliament. This was variously imputed to his want of courage, his
consciousness of guilt, or the advice of those about him; but so it was
that his deserting in this manner, and leaving them to be pillaged by an
army that he had ordered to be disbanded without pay, was thought the
forfeiture of his right, and the expiration of his reign; and with this
notion I now proceed to relate what passed in the Interregnum (though
under the same title still) until the throne, which was then left
vacant, came to be filled.

When it was noised about town that the King was gone, the apprentices
and rabble, supposing the priests had persuaded him to it, broke out
again with fresh fury upon all suspected houses, and did much havoc in
many places. They met with Jeffreys as he was making his escape in
disguise, and he being known by some of them, was insulted with all the
scorn and rudeness that malice could invent, and after some hour's
tossing about, was carried to the Lord Mayor to be committed to the
Tower, which Lord Lucas had now seized, and in it declared for the
Prince.

The Lord Mayor was so struck with the terror of the rude populace, and
with the disgrace of a man who had made all people tremble before him,
that he fell into fits of which he died soon after; but to prevent all
future disorders in the City, he called a meeting of the Privy
Councillors and Peers at the Guildhall, who all agreed to send an
invitation to the Prince, desiring him to come and take the government
of the nation into his hands until a Parliament should meet and reduce
all things to a proper settlement.

The Prince was at Abingdon when the news of the King's desertion and the
City's disorder met him, and upon this it was proposed that he should
make all imaginable haste to London; but some were against it, because,
though there had been but two small actions, one at Winkinton, in
Dorsetshire, and the other at Reading, during the whole campaign, in
neither of which the King's forces gave them much reason to dread them,
yet there were so many of the disbanded soldiers scattered along the
road, all the way to London, that it was thought unsafe for the Prince
to advance faster than his troops could march before him, which delay
was attended with very bad consequences. When the people of Feversham
understood that it was the King they had in their custody, they changed
their rough usage into all the respect they could possibly pay him. The
country came in, and were moved with this astonishing instance of all
worldly greatness, that he who had ruled three kingdoms, and might have
been arbiter of all Europe, was now found in such mean hands, and in so
low an equipage; and when the news was brought to London, all the
indignation that was formerly conceived against him was turned into pity
and compassion. The Privy Council upon this occasion met, and agreed to
have the King sent for. The Earl of Feversham went with the coaches and
guards to bring him back. In his passage through the City he was
welcomed by great numbers with loud acclamations of joy, and at his
coming to Whitehall had a numerous Court; but when he came to reflect on
the state of his affairs, he found them in so ruinous a condition, that
there was no possibility of making any stand; and therefore he sent the
Earl of Feversham (but without demanding a pass) to Windsor, to desire
the Prince to come to St. James's and consult with him the best means of
settling the nation.

The Prince had some reason to take this procedure of the Council amiss,
after they had invited him to take the government into his own hands;
and because the Earl of Feversham had commanded the army against him,
and was now come without a passport, it was thought advisable to put him
in arrest. The tender point was how to dispose of the King's person; and
when some proposed rougher methods, such as keeping him in prison or
sending him to Breda, at least until the nation was settled, the Prince
would not consent to it; for he was for no violence or compulsion upon
him, though he held it necessary for their mutual quiet and safety that
he should remove from London.

When this was resolved on, the Lords Halifax, Shrewsbury and Delamere
were appointed to go and order the English guards to be drawn off, and
sent into country quarters, while Count Solms with the Dutch was to come
and take all the posts about Court. The thing was executed without
resistance, but not without murmuring, and it was near midnight before
all was settled, when the lords sent notice to the King that they had a
message to deliver to him. They told him "the necessity of affairs
required that the Prince should come presently to London, and they
thought it would conduce both to the safety of the King's person and the
quiet of the City to have him retire to some house out of town, and they
named Ham; adding that he should be attended with a guard, but only to
secure his person, and not give him any disturbance." When the lords had
delivered their message they withdrew; but the King sent immediately
after them to know if the Prince would permit him to go to Rochester. It
was soon seen that the intent of this was to forward his escape, and
therefore the Prince willingly consented to it; and as the King next day
went out of town, the Prince came through the park privately to St.
James's which disgusted many who had stood some time in the wet to see
him. The next day all the bishops in town (except the Archbishop, who
had once agreed to do it), the clergy of London, and the several
companies of the City came to welcome him, and express a great deal of
joy for the deliverance wrought by his means. As the Prince took notice
of Serjeant Maynard's great age, and how he had outlived all the men of
the law, he answered he had liked to have outlived the law itself, had
not his Highness come over to their relief.

When compliments were over, the first thing that came under consultation
was how to settle the nation. The lawyers were of opinion that the
Prince might declare himself King, as Henry VII. had done, and then call
a Parliament, which would be a legal assembly; but their notion in this
was so contrary to the Prince's Declaration, and so liable to give
offence, that it could not be admitted. Upon this the Prince called
together all the peers and members of the three late Parliaments that
were in town, together with some of the citizens of London, desiring
their advice in the present conjuncture. They agreed in an address to
him that he would write missive letters round the nation, in such manner
as the writs were issued out, for sending up representatives, and that
in the meantime he would be pleased to take the administration of the
government into his hands.

While these things were carrying on in London, the King at Rochester was
left in full liberty, and had all the respect paid to him that he could
wish. Most of the Dutch guards that attended him happened to be Papists;
and when he went to Mass they went with him, and joined very reverently
in the devotion; whereupon, being asked how they could serve in an
expedition that was intended to destroy their own religion, one of them
answered briskly that his soul was God's, but his sword was the Prince
of Orange's. The King continued there a week, and many who were zealous
for his interest went to him, and desired him to stay and see the
result. But while he was distracted between his own inclinations and his
friends' importunities, a letter came from the Queen reminding him of
his promise, and upbraiding him for not performing it, which determined
his purpose; and on the last day of this memorable year he went from
Rochester very secretly, and got safely into France, leaving a paper on
his table, wherein he reproached the nation for forsaking him, and
promised that, though he was going to seek for foreign aid to restore
him to his throne, yet he would make no use of it either to overthrow
the established religion or the laws of the land.

THE BILL OF RIGHTS (1689).

+Source.+--_Statutes of the Realm_. Vol. vi., pp. 142-145.

Whereas the Lords Spiritual and Temporal, and Commons, assembled at
Westminster, lawfully, fully, and freely representing all the estates of
the people of this realm, did, upon the thirteenth day of February, in
the year of our Lord one thousand six hundred eighty-eight, present unto
their Majesties, then called and known by the names and style of William
and Mary, Prince and Princess of Orange, being present in their proper
persons, a certain declaration in writing, made by the said Lords and
Commons, in the words following; viz.:--

Whereas the late King James II., by the assistance of diverse evil
counsellors, judges, and ministers employed by him, did endeavour to
subvert and extirpate the Protestant religion, and the laws and
liberties of this kingdom:--

1. By assuming and exercising a power of dispensing with and suspending
of laws, and the execution of laws, without consent of Parliament.

2. By committing and prosecuting divers worthy prelates, for humbly
petitioning to be excused from concurring to the same assumed power.

3. By issuing and causing to be executed a commission under the Great
Seal for erecting a court, called the Court of Commissioners for
Ecclesiastical Causes.

4. By levying money for and to the use of the Crown, by pretence of
prerogative, for other time, and in other manner than the same was
granted by Parliament.

5. By raising and keeping a standing army within this kingdom in time of
peace, without consent of Parliament, and quartering soldiers contrary
to law.

6. By causing several good subjects, being Protestants, to be disarmed,
at the same time when Papists were both armed and employed contrary to
law.

7. By violating the freedom of election of members to serve in
Parliament.

8. By prosecutions in the Court of King's Bench, for matters and causes
cognizable only in Parliament; and by diverse other arbitrary and
illegal courses.

9. And whereas of late years, partial, corrupt, and unqualified persons
have been returned and served on juries in trials, and particularly
diverse jurors in trials for high treason, which were not freeholders.

10. And excessive bail hath been required of persons committed in
criminal cases, to elude the benefit of the laws made for the liberty of
the subjects.

11. And excessive fines have been imposed; and illegal and cruel
punishments inflicted.

12. And several grants and promises made of fines and forfeitures,
before any conviction or judgment against the persons upon whom the same
were to be levied.

All which are utterly and directly contrary to the known laws and
statutes, and freedom of this realm.

And whereas the said late King James II. having abdicated the
government, and the throne being thereby vacant, his Highness the Prince
of Orange (whom it hath pleased Almighty God to make the glorious
instrument of delivering this kingdom from popery and arbitrary power)
did (by the advice of the Lords Spiritual and Temporal, and diverse
principal persons of the Commons) cause letters to be written to the
Lords Spiritual and Temporal, being Protestants, and other letters to
the several counties, cities, universities, boroughs, and cinque ports,
for the choosing of such persons as represent them, as were of right to
be sent to Parliament, to meet and sit at Westminster upon the
two-and-twentieth day of January, in this year one thousand six hundred
eighty and eight, in order to such an establishment, as that their
religion, laws and liberties might not again be in danger of being
subverted; upon which letters, elections have been accordingly made.

And thereupon the said Lords Spiritual and Temporal, and Commons,
pursuant to their respective letters and elections, being now assembled
in a full and free representation of this nation, taking into their most
serious consideration the best means for attaining the ends aforesaid,
do in the first place (as their ancestors in like case have usually
done), for the vindicating and asserting their ancient rights and
liberties, declare:--

1. That the pretended power of suspending of laws, or the execution of
laws, by regal authority, without consent of parliament, is illegal.

2. That the pretended power of dispensing with laws, or the execution of
laws by regal authority, as it hath been assumed and exercised of late,
is illegal.

3. That the commission for erecting the late Court of Commissioners for
Ecclesiastical causes, and all other commissions and courts of like
nature, are illegal and pernicious.

4. That levying money for or to the use of the Crown, by pretence of
prerogative, without grant of parliament, for longer time or in other
manner than the same is or shall be granted, is illegal.

5. That it is the right of the subjects to petition the king, and all
commitments and prosecutions for such petitioning are illegal.

6. That the raising or keeping a standing army within the kingdom in
time of peace, unless it be with consent of parliament, is against law.

7. That the subjects which are Protestants may have arms for their
defence suitable to their conditions, and as allowed by law.

8. That election of members of parliament ought to be free.

9. That the freedom of speech, and debates or proceedings in parliament,
ought not to be impeached or questioned in any court or place out of
parliament.

10. That excessive bail ought not to be required, nor excessive fines
imposed; nor cruel and unusual punishment inflicted.

11. That jurors ought to be duly impanelled and returned, and jurors
which pass upon men in trials for high treason ought to be freeholders.

12. That all grants and promises of fines and forfeitures of particular
persons before conviction, are illegal and void.

13. And that for redress of all grievances, and for the amending,
strengthening, and preserving of the laws, parliaments ought to be held
frequently.

And they do claim, demand, and insist upon all and singular the
premises, as their undoubted rights and liberties; and that no
declarations, judgments, doings or proceedings, to the prejudice of the
people in any of the said premises, ought in any wise to be drawn
hereafter into consequence or example.

To which demand of their rights they are particularly encouraged by the
declaration of his Highness the Prince of Orange, as being the only
means for obtaining a full redress and remedy therein.

Having therefore an entire confidence that his said Highness the Prince
of Orange will perfect the deliverance so far advanced by him, and will
still preserve them from the violation of their rights, which they have
here asserted, and from all other attempts upon their religion, rights,
and liberties:

II. The said Lords Spiritual and Temporal, and Commons, assembled at
Westminster, do resolve, that William and Mary, Prince and Princess of
Orange, be, and be declared, King and Queen of England, France, and
Ireland, and the dominions thereunto belonging, to hold the Crown and
royal dignity of the said kingdom and dominions to them the said Prince
and Princess during their lives, and the life of the survivor of them;
and that the sole and full exercise of the regal power be only in, and
executed by, the said Prince of Orange, in the names of the said Prince
and Princess, during their joint lives; and after their deceases, the
said Crown and royal dignity of the said kingdoms and dominions to be to
the heirs of the body of the said Princess; and for default of such
issue to the Princess Anne of Denmark, and the heirs of her body and for
default of such issue to the heirs of the body of the said Prince of
Orange. And the Lords Spiritual and Temporal, and Commons, do pray the
said Prince and Princess to accept the same accordingly.

III. And that the oaths hereafter mentioned be taken by all persons of
whom the oaths of allegiance and supremacy might be required by law,
instead of them; and that the said oaths of allegiance and supremacy be
abrogated.

 I, A. B., do sincerely promise and swear, That I will be faithful and
 bear true allegiance to their Majesties King William and Queen Mary:
    So help me God.

 I, A. B., do swear, That I do from my heart, abhor, detest, and abjure
 as impious and heretical, that damnable doctrine and position, that
 Princes excommunicated or deprived by the Pope, or any authority of the
 See of Rome, may be deposed or murdered by their subjects, or any other
 whatsoever. And I do declare, that no foreign prince, person, prelate,
 state, or potentate hath, or ought to have, any jurisdiction, power,
 superiority, pre-eminence, or authority ecclesiastical or spiritual,
 within this realm:
    So help me God.

IV. Upon which their said Majesties did accept the Crown and royal
dignity of the kingdoms of England, France, and Ireland, and the
dominions thereunto belonging, according to the resolution and desire of
the said Lords and Commons contained in the said declaration.

V. And thereupon their Majesties were pleased, that the said Lords
Spiritual and Temporal, and Commons, being the two Houses of Parliament,
should continue to sit, and with their Majesties' royal concurrence make
effectual provision for the settlement of the religion, laws, and
liberties of this kingdom, so that the same for the future might not be
in danger again of being subverted; to which the said Lords Spiritual
and Temporal, and Commons, did agree and proceed to act accordingly.

VI. Now in pursuance of the premises, the said Lords Spiritual and
Temporal, and Commons, in parliament assembled, for the ratifying,
confirming, and establishing the said declaration, and the articles,
clauses, matters, and things therein contained, by the force of a law
made in due form by authority of parliament, do pray that it may be
declared and enacted, That all and singular the rights and liberties
asserted and claimed in the said declaration, are the true, ancient, and
indubitable rights and liberties of the people of this kingdom, and so
shall be esteemed, allowed, adjudged, deemed, and taken to be, and that
all and every the particulars aforesaid shall be firmly and strictly
holden and observed, as they are expressed in the said declaration; and
all officers and ministers whatsoever shall serve their Majesties and
their successors according to the same in all times to come.

VII. And the said Lords Spiritual and Temporal, and Commons ... declare,
that King James II. having abdicated the government, and their Majesties
having accepted the Crown and royal dignity aforesaid, their said
Majesties did become, were, are, and of right ought to be, by the laws
of this realm, our sovereign liege Lord and Lady, King and Queen of
England, France, and Ireland, and the dominions thereunto belonging....

VIII. And for preventing all questions and divisions in this realm, by
reason of any pretended titles to the Crown, and for preserving a
certainty in the succession thereof, in and upon which the unity, peace,
tranquillity, and safety of this nation doth, under God, wholly consist
and depend, the said Lords Spiritual and Temporal, and Commons, do
beseech their Majesties that it may be enacted, established, and
declared, that the Crown and regal government of the said kingdoms and
dominions, with all and singular the premises thereunto belonging and
appertaining, shall be and continue to their said Majesties, and the
survivor of them, during their lives, and the life of the survivor of
them. And that the entire, perfect, and full exercise of the regal power
and government be only in, and executed by, his Majesty, in the names of
both their Majesties during their joint lives; and after their deceases
the said Crown and premises shall be and remain to the heirs of the body
of her Majesty: and for default of such issue, to her Royal Highness the
Princess Anne of Denmark, and the heirs of her body; and for default of
such issue, to the heirs of the body of his said Majesty....

IX. And whereas it hath been found by experience, that it is
inconsistent with the safety and welfare of this Protestant kingdom, to
be governed by a Popish prince, or by any king or queen marrying a
Papist, the said Lords Spiritual and Temporal, and Commons, do further
pray that it may be enacted, That all and every person and persons that
is, are, or shall be reconciled to, or shall hold communion with, the
See or Church of Rome, or shall profess the Popish religion, or shall
marry a Papist, shall be excluded, and be for ever incapable to inherit,
possess, or enjoy the Crown and government of this realm, and Ireland,
and the dominions thereunto belonging, or any part of the same, or to
have, use, or exercise any regal power, authority, or jurisdiction
within the same; and in all and every such case or cases the people of
these realms shall be and are hereby absolved of their allegiance; and
the said Crown and Government shall from time to time descend to, and be
enjoyed by, such persons or persons, being protestants, as should have
inherited and enjoyed the same in case the said person or persons so
reconciled, holding communion, or professing, or marrying as aforesaid,
were naturally dead....

XII. And be it further declared and enacted by the authority aforesaid,
That from and after this present session of parliament, no dispensation
by _non obstante_ of or to any statute, or any part thereof, shall be
allowed, but that the same shall be held void and of no effect, except a
dispensation be allowed of in such statute, and except in such cases as
shall be specially provided for by one or more bill or bills to be
passed during this present session of parliament....

CORRESPONDENCE RELATING TO THE NON-JURORS
(1691).

+Source.+--_Letters between Ambrose Bonwicke and Richard Blechynden
(Cambridge in the Days of Queen Anne_, by J. E. B. Mayor, pp. 217-221).

_Aug. 11. Bonwicke to Blechynden_.

I suppose ... that king _James_ had a right to my allegiance, and that
secured by an oath; and unless he has given away this right or forfeited
it, it is still in him. Now to me it does not appear that he has done
either, therefore I dare not give it to another, which ... is the design
of the new oaths.... I ought not to have entered into the obligation if
I had not designed to have kept it.

_Aug. 15. Blechynden to Bonwicke._

He that has no longer a right to the government has no longer a right to
my allegiance.... King _James_ has shewn, that he neither has the
qualifications for government, nor for this of the _English_.... A full
possession of the power, especially when recognised by the grandees and
main body of the people, gives him that has it a title to the obedience
and fidelity (or, if you will, allegiance) of all within his
territories; at least they are guilty of no sin that promise fidelity to
him.

_Aug. 20. Bonwicke to Blechynden._

I should be glad to find my friends and relations (whom I have so great
a concern for) are in the right, and that it is prejudice in me has
blinded me so long. Though I suppose it would be perjury in me to quit
that oath that I still think obligatory, yet I have a very charitable
opinion of those that have taken the new one, and suppose that
conscience has been as much their guide in taking it, as it has been
mine in refusing it.... I suppose a man may be dispossessed of a legal
right no otherwise than by law.... I am to consider how I am to behave
myself under a king, that has possession and not right. The execution of
those laws that protect me are (_sic_) in his hands; I will give him all
the obedience that is necessary for that purpose.... But to take an oath
of allegiance to the king _de facto_, certainly cancels my oath of
allegiance to the former.... If it were barely submitting to him in
power, I suppose we should have no great dispute.

_Aug. 25. Blechynden to Bonwicke._

Municipal laws are not the sole measure of right and wrong. There is a
superior law of right reason, which respects the common good of mankind,
which gave beginning to all civil societies.... You say treason against
the king _de facto_ is not treason _de jure_; hereby you must mean
according to equity and right reason; for treason against a king _de
facto_ is the only treason by the law of the land, if _Coke_ and
_Hales_[27] may be credited.... You call for a legal forfeiture; nothing
else, say you, will forfeit a legal right to a crown. But if you please
to consult the gentlemen that write politics, who surely are the best
guides in this affair, you will find them assign a great many others....
The assemblies of the grandees and parliaments have near forty times
either deposed their prince or waived the next of kin for the good of
the community.

_Aug. 31. Bonwicke to Blechynden._

Reason must be our best guide, and she has directed you to take the
oaths, as she does me to refuse them. I consider on one side there is
only a little temporal concern, and on the other the danger of
perjury.... For what you urge, that therefore I ought to have no
protection from king _William_, I must be contented; but I think it is
the law that protects us both. At present it only deprives us of our
livings, and that we must submit to. When the laws become more severe,
we must shift as well as we can, and if we cannot live in this country,
fly to another.... A whole nation can as ill dispense with their oaths
as a single person.

_Sept. 5. Bonwicke to Blechyenden._

I do really take those laws which have been made since king _William's_
coming to the crown to be good laws.... King _James_ has lost thus much
by losing possession: he has lost the assistance of his people, for it
would be treason and illegal to fight against king _William_, who has
now the law on his side.

_Sept. 8. Blechynden to Bonwicke._

The defence of the society being the sole ground (and measure too) of
our obedience and fidelity to our chief governor, it is plain that it is
due to him, and to him only, that can and does defend society.... If you
will rightly weigh the matter, it is not only a little temporal concern
that pleads for your taking oaths. For (pardon my plain dealing) you are
chargeable with disobedience to the powers that be, with depriving your
country (for which we are all in a great measure made) of the good you
may do in your present station, or in the ministry; and with the making
or strengthening a party against the public establishment, to the great
prejudice of church and state; besides the injury to yourself and
family, which an honest man ought not to prejudice but upon very good
grounds. All this, I say, you are chargeable with, if the taking the
oaths be not manifestly sinful. For the danger or fear of its being so
is not sufficient to justify the neglect of any duty, and an opposition
to a public establishment and the benefits of it. Reason will prefer the
good of the community before that of a single man, especially of one
already very false to his trust.... It is not plain that I am sworn to
king _James_; the oath in an equitable interpretation not reaching the
present case; nor has king _James_ any reason to insist on it as the
present circumstances are; nor ought you to oblige me by my oath to hurt
my neighbours, or my country, how rigorous soever I might be otherwise
to myself. There is a great deal of difference between a private oath
relating to my own concerns of which I am master; and a public, which
was made for the good of the public, and therefore ought in no wise to
be strained to the prejudice of the same.... The affection that men are
bred up with towards the memory of king _Charles_ the first, and the
abhorrence of the parliament of 1641, does extremely prejudice men for
kings and against parliament; but both extremes are to be carefully
shunned.

[27] Coke and Hales were amongst the most eminent of Stuart lawyers.

PACIFICATION OF THE HIGHLANDS (1692).

+Source.+--_Calendar of State Papers, Domestic Series, 1691-92_:

[Pp. 101, 102.]

_Jan. 16, 1692._--Instructions, signed by the King, for Sir Thomas
Levingston:--

We allow you to receive the submissions of Glengarry, or those with him,
upon their taking the oath of allegiance and delivering up the house of
Invergarry; to be safe, as to their lives, but as to their estates they
must depend upon our mercy.

In case you find the house of Invergarry cannot probably be taken in
this season of the year, with the artillery and other provisions that
you can bring there, we leave it to your discretion to give Glengarry
the assurance of an entire indemnity for life and fortune, upon the
delivery of his house and arms, and taking the oath of allegiance. In
this you are allowed to act as you find the circumstances of the affair
requires. But it were much better that these who have not taken the
benefit of our indemnity, in the terms and with the "dyet" prefixed by
our proclamation, should be obliged to "render" upon mercy; and the
taking of the oath of allegiance is indispensable, others having already
taken it. "If McKean of Glencoe and that tribe can be well separated
from the rest, it will be a proper vindication of the public justice to
extirpate that set of thieves." The "double of these instructions are
only communicated to Col. Hill."

[Pp. 153, 154.]

_Feb. 28, 1692. Colonel Hill to the Earl of Portland._

My last gave you an account of the houses of Invergarry and Island Donan
being in my possession for the King, and of the ruin of Glencoe, the
latter named of which houses, I presume, were better destroyed than
kept, for it is situated in such a place that it is hard to relieve it
in winter, or at any time well, but by sea; it cannot contain a force to
awe those countries in case they should again prove rebellious, and
whilst my Lord Seaforth is come in, there is no doubt but his people may
be kept quiet, and young Sir Donald McDonald is "a peaceable inclined
man," and his relations in Skye mostly protestants, so there is no fear
from thence, and that house will be but a charge to little other
purpose, as is fit to be blown up.

Those men of Glencoe that (by help of the storm) escaped, would submit
to mercy if their lives may be granted them, upon giving security to
live peaceably under the government, and not to rob, steal, or receive
stolen goods hereafter, and I humbly conceive (since there are enough
killed for an example and to vindicate public justice) it were advisable
so to receive them, since it will be troublesome to take them, the
Highlanders being generally allied one to another, and they may join
with other broken men, and be hurtful to the country. Nevertheless, in
the meantime, it were necessary that the proclamation against them ...
were issued out. At the present they (the men of Glencoe) lie dormant in
caves and remote places.

The people now all seem resolved on settlement, and cry out for a
jurisdiction among them (and the country will never be right till it be
so) they flock in daily to submit to the King's mercy. Appin is a much
changed man for the better, professes to everyone he meets his sincerity
in keeping the oath of allegiance, and all those people of Appin have
good inclinations to quiet, being many of them intelligent men, of whom
I doubt not to make very good subjects. The Laird is a "pretty young
man" of about 21 years, and had taken the oath before the day, but that
he was tied to his bed by sickness at that time, and was carried in a
boat to me, to do it, sooner than he was well able.

It were meet that some things were left to the discretion of whoever
commands in so remote a place as this, otherwise sometimes advantages
are lost before orders can be obtained, and then (for want of true
intelligence of matters) the orders may happen to be wrongly conceived,
and when I was here before, the whole was left to me, and it succeeded
well. The more authority any(one) has here, the more the people observe
to obey.

The captain of Clanronald, "who is one of the prettiest handsome youths
I have seen," came in and brought all the chief of his friends, and made
his submission and took the oath with the greatest frankness imaginable,
as did also all his friends; he has gone to his uncle, the Laird of
McLeod, to settle his affairs and to get up some money; he then resolves
to wait on the King and Queen, and if he overtake the King at London, he
will beg his favour that he may attend him into Flanders. If the King be
gone, ere he reach London, he resolves to follow him, and to be wholly
governed by the King's pleasure; only he prays he may be so disposed of
as to better his education. It will be an act of great charity to
"breed" him. I have sent to McNeil of Bara (a remote island) who I doubt
not will come in as the rest; so all the work is now done but the
settlement of a civil jurisdiction.

THE TREASONS ACT (1696).

+Source.+--_Statutes of the Realm._ Vol. vii., pp. 6, 7.

Whereas nothing is more just and reasonable than that persons prosecuted
for High Treason, and Misprision of Treason, whereby the Liberties,
Lives, Honour, Estates, Blood, and Posterity of the Subject may be lost
and destroyed, should be justly and equally tried and that persons
accused as offenders therein should not be debarred of all just and
equal means for defence of their innocencies in such cases; in order
thereunto and for the better regulation of trials of persons prosecuted
for High Treason and Misprision of such Treason, Be it enacted That ...
all and every person or persons whatsoever that shall be accused and
indicted for High Treason ... shall have a true copy of the whole
indictment, but not the names of the witnesses, delivered unto them or
any of them five days at the least before he or they shall be tried for
the same, whereby to enable them, or any of them, respectively to advise
with Counsel thereupon to plead and make their defence.... And that
every person so accused and indicted, arraigned, or tried for Treason
... shall be ... admitted to make his and their full defence by Counsel
learned in the Law and to make any proof that he or they can produce by
lawful witness or witnesses who shall then be upon oath for his or their
just defence in that behalf; and in case any person or persons so
accused or indicted shall desire Counsel, the Court before whom such
person or persons shall be tried, or some judge of that Court ... is
hereby authorized and required immediately upon his or their request to
assign to such person or persons such and so many Counsel, not exceeding
two ... and such Counsel shall have free access at all seasonable hours.

And be it enacted That ... no person ... shall be indicted, tried, or
attainted of High Treason ... but by and upon the oaths and testimony of
two lawful witnesses, either both of them to the same overt act, or one
of them to one and another of them to another overt act of the same
Treason, unless the party indicted ... shall willingly, without violence
and in open Court, confess the same, or shall stand mute, or refuse to
plead.

And be it further enacted That if two or more distinct Treasons of
diverse heads or kinds shall be alleged in one bill of indictment, one
witness produced to prove one of the said Treasons, and another witness
produced to prove another of the said Treasons, shall not be deemed or
taken to be two witnesses to the same Treason.

And ... be it further enacted ... That ... no person or persons
whatsoever shall be indicted, tried, or prosecuted for ... Treason ...
unless the same indictment be found by a Grand Jury within three years
next after the Treason or offence was done and committed.

And ... all and every person or persons who shall be accused, indicted
or tried for Treason ... shall have copies of the panel of jurors who
are to try them duly ... delivered unto them ... two days at the least
before he or they shall be tried; and all persons so accused and
indicted for Treason ... shall have the like Process of the Court, where
they shall be tried, to compel their witnesses to appear for them at any
such Trial or Trials.

And be it further enacted. That no evidence shall be admitted or given
of any overt act that is not expressly laid in the indictment against
any person.

And be it further enacted That upon the Trial of any Peer or Peeress
either for Treason or Misprision all the Peers who have a right to sit
and vote in Parliament shall be duly summoned twenty days at the least
before every such Trial; and that every Peer so summoned and appearing
at such Trial shall vote in the Trial.

THE COLONIAL POST (1699).

+Source.+--_Calendar of Treasury Papers_, 1697-1701-02, pp. 289-290.

Report of Sir R. Cotton, Knt., and Sir Tho. Frankland, postmasters,
addressed to the Lords of the Treasury, on the memorials of Thomas Neale
and Andrew Hamilton, Esqrs., stating that the latter had established a
regular post to pass weekly from Boston to "New York in New England,"
and from New York to Newcastle in Pennsylvania, that the profits had
every year increased so as to defray all charges except his salary; that
the Attorney and Solicitor-General were of opinion the King could settle
the rates for letters carried beyond sea &c.; advising the appointment
of an officer to take charge of all the letters directed to the
plantations, and send them in sealed bags, to be delivered to the
deputy-postmaster in the first port where the ship should arrive, the
master receiving a penny for each letter under his care, and upon such
officers being established, a public notice should be given that no
other person presume to make any collection of letters for those parts;
they were of opinion that the rate for inland letters proposed by Mr.
Hamilton was too high, "it having been found by experience in the office
here, that the easy and cheap corresponding doth encourage people to
write letters, and that this revenue was but little in proportion to
what it now is till the postage of letters was reduced from six pence to
three pence;" it would require £1,200 further charge than that already
expended, to enlarge the post through Virginia and Maryland, etc. Dated
27 April, 1699.

Accompanied by:--

"A calculation what charge will carry the post from Newcastle in
Pennsylvania to James' City in Virginia about 400 miles."

The memorial of Thomas Neale, Esq.:

Also another memorial from him, showing that he had deputed Andrew
Hamilton, Esq., to erect post offices, who had at the said Thomas
Neale's charge, settled them 700 miles in length on the continent of
America, the accounts for which were then laid before their Lordships;
also that the deputy-post-master had come over to afford information,
and proposed the method contained in the enclosed memorial to support
the post.

The said memorial of Andrew Hamilton, setting out the good effects of
the Post Office, and suggesting various improvements:

He states:--"The method at present used to get letters transported to
America is this: the masters bound thither, put up bags in coffee
houses, wherein the letters are put, and for which one penny per letter
is usually paid, and two pence if it exceed a single letter. This is
liable to several abuses. First, any one under pretence that he wants to
have his letters up again, may come to those bags and take out other
men's letters, and thereby discover the secrets of the merchants; and
'tis in their power entirely to withdraw 'em. 2^ndly Several masters,
upon their arrival, often keep up letters till they have disposed of
their loading and are ready to sail again, and then drop them to the
great hurt of those concerned, which inconveniences would be prevented,
if letters were delivered from the Post Office in mails, and likewise
delivered by them in mails into the Post Office where they arrive," etc.

ACT OF SETTLEMENT (1701).

+Source.+--_Statutes of the Realm._ Vol. vii., pp. 636-638.

After reciting the Bill of Rights and declaring the succession vested in
the most Excellent Princess Sophia, and the heirs of her body, being
Protestants (in case of default of heirs to Anne), the Act of Settlement
lays down:--

I. That whosoever shall hereafter come to the possession of this Crown
shall join in communion with the Church of England, as by law
established.

II. That in case the Crown and imperial dignity of this realm shall
hereafter come to any person, not being a native of this kingdom of
England, this nation be not obliged to engage in any war for the defence
of any dominions or territories which do not belong to the Crown of
England, without the consent of Parliament.

III. That no person who shall hereafter come to the possession of this
Crown shall go out of the dominions of England, Scotland, or Ireland,
without consent of Parliament.

IV. That ... all matters and things relating to the well-governing of
this kingdom, which are properly cognizable in the Privy Council by the
Laws and Customs of this realm, shall be transacted there, and all
resolutions taken thereupon shall be signed by such of the Privy Council
as shall advise and consent to the same.

V. That ... no person born out of the kingdoms of England, Scotland, or
Ireland, or the dominions thereunto belonging (although he be
naturalized or made a denizen, except such as are born of English
parents) shall be capable to be of the Privy Council, or a member of
either House of Parliament, or to enjoy any office or place of trust,
either civil or military, or to have any grant of lands, tenements, or
hereditaments from the Crown, to himself or any other or others in trust
for him.

VI. That no person who has an office or place of profit under the King,
or receives a pension from the Crown, shall be capable of serving as a
member of the House of Commons.

VII. That ... Judges' Commissions be made _Quamdiu se bene gesserint_,
and their salaries ascertained and established; but upon the Address of
both Houses of Parliament it may be lawful to remove them.

VIII. That no pardon under the Great Seal of England be pleadable to an
impeachment by the Commons in Parliament.

MARLBOROUGH'S LETTERS RELATING TO BLENHEIM (1704).

+Source.+--Coxe's _Life of Marlborough_, vol. i., pp. 206, 213-215. Bohn
edition.

A. _The Note to his Wife from the Blenheim Battlefield._

_August 13, 1704._--I have not time to say more but to beg you will give
my duty to the queen, and let her know her army has had a glorious
victory. M. Tallard and two other generals are in my coach, and I am
following the rest. The bearer, my aide-de-camp, Colonel Parke will give
her an account of what has passed....--MARLBOROUGH.

B. _To his Wife._

_August 14._--Before the battle was quite done yesterday, I writ to my
dearest soul to let her know that I was well, and that God had blessed
her majesty's arms with as great a victory as has ever been known; for
prisoners I have the Marshal de Tallard, and the greatest part of his
general officers, above 8,000 men, and near 1,500 officers. In short,
the army of M. de Tallard, which was that which I fought with, is quite
ruined; that of the elector of Bavaria and the Marshal de Marsin, which
Prince Eugene fought against, I am afraid, has not had much loss, for I
cannot find that he has many prisoners. As soon as the elector knew that
Monsieur de Tallard was like to be beaten, he marched off, so that I
came only time enough to see him retire. As all these prisoners are
taken by the troops I command, it is in my power to send as many of them
to England as her majesty shall think for her honour and service. My own
opinion in this matter is, that the Marshal de Tallard, and the general
officers, should be sent or brought to her majesty when I come to
England; but should all the officers be brought, it would be a very
great expense, and I think the honour is in having the marshal and such
other officers as her majesty pleases. But I shall do in this, as in all
things, that which shall be most agreeable to her. I am so very much out
of order with having been seventeen hours on horseback yesterday, and
not having been able to sleep above three hours last night, that I can
write to none of my friends.... Had the success of Prince Eugene been
equal to his merit, we should in that day's action have made an end of
the war.

C. _To his Wife._

_August 18._--I have been so very much out of order for these four or
five days that I have been obliged this morning to be let blood, which I
hope will set me right; for I should be very much troubled not to be
able to follow the blow we have given, which appears greater every day
than another, for we have now above 11,000 prisoners. I have also this
day a deputation from the town of Augsburg, to let me know the French
were marched out of it yesterday morning, by which they have abandoned
the country of Bavaria, so that the orders are already given for the
putting a garrison into it. If we can be so lucky as to force them from
Ulm, where they are now altogether, we shall certainly then drive them
to the other side of the Rhine.... Never was victory so complete,
notwithstanding they were stronger than we, and very advantageously
posted. But believe me, my dear soul, there was an absolute necessity
for the good of the common cause to make this venture, which God has so
blessed. I am told the elector has sent for his wife and children to
come to Ulm. If it be true, he will not then quit the French interest,
which I had much rather he should do, if it might be upon reasonable
terms; but the Imperialists are for his entire ruin....

D. _To Lord Godolphin._

_August 28._--The troops under my command are advanced three days on
their march towards the Rhine, but I have been obliged to stay here[28]
to finish, if possible, the treaty with the electoress.... By the
letters we have intercepted of the enemy's, going to Paris from their
camp at Dublingen, they all own to have lost 40,000 men.

[28] At Sefelingen.

ACT FOR THE UNION OF THE TWO KINGDOMS OF ENGLAND AND SCOTLAND (1707).

+Source.+--_Statutes of the Realm._ Vol. viii., pp. 566-577.

The Act recites:--

I. That the two kingdoms of England and Scotland shall, upon the first
day of May, which shall be in the year one thousand seven hundred and
seven, and for ever after, be united into one Kingdom by the name of
Great Britain; and, that the ensigns armorial of the said United Kingdom
be such as her Majesty shall appoint, and the crosses of St. George and
St. Andrew be conjoined in such manner as her Majesty shall think fit,
and used in all flags, banners, standards, and ensigns, both at sea and
land.

II. That the succession of the monarchy of the United Kingdom of Great
Britain, and of the dominions thereunto belonging, after her most sacred
Majesty, be, remain, and continue to the most excellent Princess Sophia,
Electoress and Duchess Dowager of Hanover, and the heirs of her body
being protestants.

III. That the United Kingdom of Great Britain be represented by one and
the same Parliament, to be styled, The Parliament of Great Britain.

IV. That all the subjects of the United Kingdom of Great Britain shall,
from and after the union, have full freedom and intercourse of trade and
navigation to and from any port or place within the said United Kingdom,
and the dominions and plantations thereunto belonging; and that there be
a communication of all other rights, privileges, and advantages, which
do or may belong to the subjects of either kingdom; except where it is
otherwise expressly agreed.

V.-XV. (These articles deal with Trade chiefly.)

XVI. That from and after the union, the coin shall be of the same
standard and value throughout the United Kingdom; as now in England, and
a mint shall be continued in Scotland, under the same rules as the mint
in England, and the present officers of the mint continued, subject to
such regulations and alterations as her Majesty, her heirs or
successors, or the Parliament of Great Britain shall think fit.

XVII. That from and after the union, the same weights and measures shall
be used throughout the United Kingdom, as are now established in
England, and standards of weights and measures shall be kept by those
burghs in Scotland to whom the keeping the standards of weights and
measures, now in use there, does of special right belong: All which
standards shall be sent down to such respective burghs, from the
standards kept in the Exchequer at Westminster, subject nevertheless to
such regulations as the Parliament of Great Britain shall think fit.

XVIII. That the laws concerning regulation of trade, customs, and such
excises to which Scotland is, by virtue of this treaty, to be liable, be
the same in Scotland, from and after the union, as in England; and that
all other laws in use within the kingdom of Scotland, do after the
union, and notwithstanding thereof, remain in the same force as before
(except such as are contrary to, or inconsistent with, this treaty), but
alterable by the Parliament of Great Britain; with this difference
between the laws concerning public right, policy, and civil government,
and those which concern private right, that the laws which concern
public right, policy, and civil government may be the same throughout
the whole United Kingdom; but that no alteration be made in laws which
concern private right, except for evident utility of the subjects within
Scotland.

XIX. (Scottish Courts of Law to remain as before, the right, however, of
the United Parliament to make regulations and alterations being
recognised.)[29]

XX.-XXI. (Concern Heritable Offices and the rights of Royal Burghs.)

XXII. That, by virtue of this treaty, of the peers of Scotland, at the
time of the Union, sixteen shall be the number to sit and vote in the
House of Lords, and forty-five the number of representatives of Scotland
in the House of Commons of the Parliament of Great Britain; and that
when her Majesty, her heirs or successors, shall declare her or their
pleasure for holding the first, or any other subsequent, Parliament of
Great Britain, until the Parliament of Great Britain shall make further
provision therein, a writ do issue under the great seal of the United
Kingdom, directed to the Privy Council of Scotland, commanding them to
cause sixteen peers, who are to sit in the House of Lords, to be
summoned to Parliament, and forty-five members to be elected to sit in
the House of Commons of the Parliament of Great Britain.

XXIII. That the aforesaid sixteen peers of Scotland mentioned in the
last preceding article, to sit in the House of Lords of the Parliament
of Great Britain, shall have all privileges of Parliament, which the
peers of England now have, and which they, or any peers of Great Britain
shall have after the union.... And in case that any trials of peers
shall hereafter happen, when there is no Parliament in being, the
sixteen peers of Scotland who sat in the last preceding Parliament,
shall be summoned in the same manner and have the same powers and
privileges at such trials, as any other peers of Great Britain; and that
all peers of Scotland, and their successors to their honours and
dignities shall, from and after the union, be peers of Great Britain,
and have rank and precedency next and immediately after the peers of the
like order and degrees in England at the time of the union.

XXIV. (Deals with the Seals.)

XXV. (Scots to retain the Presbyterian system of Church Government and
English to retain the Episcopalian.)

[29] No provision is made by the Act for the House of Lords to exercise
final Appellate Jurisdiction.

PROCEEDINGS ON THE IMPEACHMENT OF DR. SACHEVERELL (1710).

+Source.+--_The Parliamentary History of England from the Earliest
Period to the Year 1803._ Vol. vi., pp. 806, 809. London, 1810.

P. 806. _Complaint in the Commons of Dr. Sacheverell's Sermons._
Dec. 13. A complaint being made to the House of Commons, of two printed
Books; the one intituled, "The Communication of Sin; a Sermon, preached
at the Assizes, held at Derby, August 15, 1709, by Dr. Henry
Sacheverell;" and the other intituled, "The Perils of false Brethren,
both in Church and State; set forth in a Sermon preached before the
Right Hon. the Lord Mayor, Aldermen, and Citizens of London, at the
Cathedral Church of St. Paul, on the 5th of November, 1709;" preached
also by the said Dr. Henry Sacheverell; and both printed for Henry
Clements, which Books were delivered in at the clerk's table; where
several paragraphs in the epistle dedicatory, preceding the
first-mentioned Book, and also several paragraphs in the latter Book,
were read:

_Resolution thereon._] Sir Peter King and others having made speeches
against the audaciousness of the Doctor, who had advanced positions
directly opposite to Revolution principles, to the present government,
and to the Protestant Succession, and consequently tending to cherish
factions, and stir up rebellion: those, who favoured the Doctor's cause,
were surprised at this sudden attack, and, no member offering to speak
in his defence, it was resolved, "That the two Sermons were malicious,
scandalous, and seditious libels, highly reflecting on the queen, the
late Revolution, and the Protestant Succession, tending to alienate the
affections of her majesty's subjects, and to create jealousies and
divisions among them."

The Doctor was ordered to attend at the bar of the House the next day,
and, being examined, owned the two Sermons. He likewise told them, what
encouragement he had from the lord-mayor to print "The Perils of False
Brethren." Sir Samuel Garrard, being a member of the House, was asked,
whether the Sermon was printed at his desire or order? if he had owned
it, he would have been expelled the House: but he denied, that he ever
desired, or ordered, or encouraged, the printing thereof. Though the
Doctor offered to prove it, and brought witnesses for that purpose, yet
the House would not enter upon that examination, but it was thought more
decent to seem to give credit to their own member, though few indeed
believed him.

The Doctor standing to what he had said, without expressing the least
consciousness of having done amiss, he was directed to withdraw; and it
was resolved, "That he should be impeached of high crimes and
misdemeanours, and Mr. Dolben was ordered to do it at the bar of the
House of Lords, in the name of all the Commons of Great Britain." At the
same time a Committee was appointed to draw up the Articles against him,
and the Doctor was taken into custody of the Serjeant at Arms.

[The Charge against Sacheverell.]

P. 809. I. "He, the said Henry Sacheverell, in his said Sermon preached
at St. Paul's, doth suggest and maintain, 'That the necessary means used
to bring about the said happy Revolution, were odious and unjustifiable;
that his late majesty, in his Declaration, disclaimed the least
imputation of resistance; and that to impute resistance to the said
Revolution, is to cast black and odious colours upon his late majesty
and the said Revolution.'

II. "He, the said Henry Sacheverell, in his said Sermon preached at St.
Paul's, doth suggest and maintain, 'That the aforesaid toleration
granted by law is unreasonable, and the allowance of it unwarrantable;'
and asserts that he is a false brother, with relation to God, religion
or the church, who defends toleration and liberty of conscience; that
queen Elizabeth was deluded by archbishop Grindall,' whom he
scurrilously calls a false son of the church and a perfidious prelate,
'to the toleration of the Genevan discipline; and that it is the duty of
superior pastors, to thunder out their ecclesiastical anathemas against
persons entitled to the benefit of the said Toleration;' and insolently
dares or defies any power on earth to reverse such sentences.

III. "He, the said Henry Sacheverell, in his said Sermon preached at St.
Paul's, doth falsely and seditiously suggest and assert, 'that the
church of England is in a condition of great peril and adversity under
her majesty's administration;' and, in order to arraign and blacken the
said Vote or Resolution of both Houses of Parliament, approved by her
majesty as aforesaid, he, in opposition thereto, doth suggest the church
to be in danger; and, as a parallel, mentions a Vote, that the person of
king Charles the 1st was voted to be out of danger, at the same time
that his murderers were conspiring his death; thereby wickedly and
maliciously insinuating, that the members of both Houses, who passed the
said vote, were then conspiring the ruin of the Church.

IV. "He, the said Henry Sacheverell, in his said Sermons and Books, doth
falsely and maliciously suggest, 'that her majesty's administration both
in ecclesiastical and civil affairs, tends to the destruction of the
constitution; and that there are men of characters and stations, in
church and state, who are false brethren, and do themselves weaken,
undermine, and betray, and do encourage, and put it in the power of
others, who are professed enemies, to overturn and destroy the
constitution and establishment;' and chargeth her majesty, and those in
authority under her, both in church and state, with a general
maladministration: and, as a public incendiary, he persuades her
majesty's subjects to keep up a distinction of faction and parties,
instils groundless jealousies, foments destructive divisions among them,
and excites and stirs them up to arms and violence. And, that his said
malicious and seditious suggestions may make the stronger impressions
upon the minds of her majesty's subjects, he, the said Henry
Sacheverell, doth wickedly wrest and pervert divers texts and passages
of holy scripture."

MARLBOROUGH'S REPLY TO THE CHARGE OF PECULATION (1712).

+Source.+--_The Case of his Grace the D---- of M., to be Represented by
him to the Honourable House of Commons, in Vindication of Himself from
the Charge of the Commissioners of Accounts in Relation to the Two and
Half per Cent. Bread and Bread Waggons_ (published 1712). Acton Library
Pamphlets, No. d. 25, 1001^12.

[The following extract deals with Marlborough's "commissions" on the
bread supplied to the Army on the Continent. The Tories alleged that he
had defrauded the Exchequer by taking his 2-1/2 per cent. commission.]

The first Article, in the Report, is founded on the Deposition of Sir
_Solomon Medina_, by which you are Informed of a yearly Sum paid by him
and his Predecessor, Contractors for Bread and Bread-Waggons, to myself.
This Payment, ... I have called a Perquisite of the General or Commander
in Chief in the _Low-Countries_; and it has been constantly apply'd to
one of the most Important Parts of the Service there, I mean the
procuring Intelligence, and other Secret Service.

The Commissioners are pleased to observe, That these Sums cannot be
esteemed legal Perquisites, because they don't find 'em Claim'd or
Receiv'd by any other _English_ General in the _Low-Countries_. But I
must take leave to affirm to this House, That this Perquisite or
Payment, has been allowed to that General or Commander in Chief, in the
_Low-Countries_, both before and ever since the Revolution, to enable
him to carry on such Secret Service. The like Allowance was made to
Prince _Waldeck_, whilst he was General of the Dutch Army in _Flanders_;
it was made during the last War as well as this; and for your further
Satisfaction in this matter, I am content to refer my self to Sir
_Solomon Medina_, who cannot but own, that when he made this Allowance,
he knew it to be the constant Practice during the former Wars in the
_Low-Countries_, and particularly when Prince _Waldeck_ commanded there.
And if it be a Circumstance worth your notice, he must Inform you also,
That the Allowance of Waggons, which the Report takes Notice of, is
usual likewise; that he has allowed the like, or near the like Number to
Count _Tilly_, though he was not Velt-Marshal, and that there is a
proportionate Allowance of the same kind to other Officers. The Report
may have observed very rightly, that the strictest Enquiry the
Commissioners could make, they cannot find that any English General ever
receiv'd this Perquisite. But I presume to say, the Reason is, that
there never was any other English General besides my self, who was
Commander in Chief in the _Low-Countries_. I crave leave then to say,
That this Observation in the Report was Occasion'd through the want of
due Information in the Usage of the Army. In receiving this as an
established and known Perquisite, I have follow'd and kept up that Usage
which I found in the Army when I first enter'd upon that Service; And
upon this Ground alone, I hope that this House will not think I was
Unwarranted in taking it.

But that no doubt may remain with you, I will State, as well as I can,
what I have learnt, and during that time I have been in the Service,
have been always understood to be the Ground, as well as the Design of
this Allowance. The Contracts of Bread being of necessity at the same
Rates for the whole Army, and it being for the Security of the Service
that those Contracts should be in the fewest Hands; the certain Gain
upon so large a sum as a Contract for the whole, or even part of the
Army, even at the lowest Prices, makes this yearly allowance to have
been thought not Unreasonable from the Contractor. This being an
Allowance generally arising from Contracts that concern a variety of
Troops, all under the same General, must naturally fall under the
Direction, and come into the Hands of the Commander in Chief, as an
Allowance to enable him to carry on such Designs which could not be
foreseen, but yet necessary to be put in execution, and which chiefly
depend upon Intelligence.

I thought it more needful to give you this Account of the Nature and
Design of this Allowance, because I observe from the Report, that the
Objection is to the Justice and Reasonableness of the Perquisite it
self, without having regard to the Application or Use for which it is
intended.

But the Commissioners apprehend this not to be a Justifiable Perquisite,
because they say, the Publick or the Troops, necessarily suffer in
proportion to every such Perquisite.

If these Observations were well grounded, I should think them good
Reasons to put an end to the Allowance, and at the same time to blame
those who first introduced it: But I take upon me to affirm, that this
neither is nor can be the Cause. I have never heard a Complaint either
of publick or particular Injury from this Allowance; nor does the Report
assign any particular wherein it may be judged to be so.

This Allowance to the General can have no Influence upon the Contract it
self, which is annually made and signed at the _Treasury_, and the Price
regulated by what the States have agreed to pay for the Bread for their
Forces. I appeal to all the Officers who have served with me in
_Flanders_, whether the Forces in Her Majesty's Pay have not all along
had as much, and as good Bread, as those of the _States_, and at the
same Prices; which every Body will believe to be the Lowest, that
consider the Frugal Economy of the _States_, and the small Pay of their
Troops. And therefore I may safely conclude, that if the _English_ have
had their Bread as Cheap as the _Dutch_, they have had it as Cheap as
was possible. Nor indeed can it be imagined to be otherwise; for the
very supposition of two different Prices paid by different Troops in the
same Army, for the same Quantity of Bread, would occasion a Mutiny.

'Twill be necessary that I trouble the House with an account of the Time
and Occasion whence this Payment of Two and Half _per Cent._ by the
Foreign Troops commenced.

During the last War, the Allowance by Parliament for the Contingencies
of the Army, of which that of Secret Service is the principal, was Fifty
Thousand Pounds _per Annum_; but this Allowance fell so far short of the
Expense on that Head, that upon the Prospect of this War's breaking out,
the Late King assured me, That this part of the Service never cost him
less than Seventy Thousand Pounds a year; However the Allowance of
Parliament for the whole Contingent Service during this War, has been
but Ten Thousand Pounds _per annum_; Three Thousand Pounds of which, or
thereabouts, has generally gone for other Contingencies, than that of
Intelligence. The Late King being unwilling to come to Parliament for
more Money on that Head of the Service, proposed this Allowance from the
Foreign Troops, as an Expedient to assist that part of the Service, and
Commanded me to make the Proposition to them; which I did accordingly,
and it was readily Consented to. By this Means a New Fund of about
Fifteen Thousand Pounds _per annum_, was provided for carrying on the
Secret Service, without any Expense to the Publick, or grievance to the
Troops from whom the Allowance was made: For when the Publick pays,
those Troops are not at all affected, or one Farthing increased in
Consideration of this Deduction; nor is there in any Conventions for
them any weight laid upon it, the Hire of Foreign Troops being governed
by settled Rules and Treaties, and the Convention of the _States_ for
them, being in the same Terms.

The true design of this Deduction being to supply the Secret Service,
Gentlemen, I hope, you will observe that this, together with the
_Article_ of the _Allowance_ by Parliament, when put together, doth fall
short of the _Allowance_ given by Parliament, in the last War, upon this
Head.

THE TORIES AND THE WAR OF THE SPANISH SUCCESSION (1712).

+Source.+--Swift: _The Conduct of the Allies_. Vol. v., pp. 66-72.
Swift's Works, Bohn edition.

At the Revolution, a general war broke out in Europe, wherein many
princes joined in an alliance against France, to check the ambitious
designs of that monarch; and here the emperor, the Dutch, and England
were principals. About this time the custom first began among us of
borrowing millions upon funds of interest: It was pretended, that the
war could not possibly last above one or two campaigns; and that the
debts contracted might be easily paid in a few years, by a gentle tax,
without burthening the subject. But the true reason for embracing this
expedient, was the security of a new prince, not firmly settled on the
throne: People were tempted to lend, by great premiums and large
interest, and it concerned them nearly to preserve that government,
which they trusted with their money. The person[30] said to have been
author of so detestable a project, is still living, and lives to see
some of its fatal consequences, whereof his grandchildren will not see
an end. And this pernicious counsel closed very well with the posture of
affairs at that time: For, a set of upstarts, who had little or no part
in the Revolution, but valued themselves by their noise and pretended
zeal when the work was over, were got into credit at court, by the merit
of becoming undertakers and projectors of loans and funds: These,
finding that the gentlemen of estates were not willing to come into
their measures, fell upon those new schemes of raising money, in order
to create a monied interest, that might in time vie with the landed, and
of which they hoped to be at the head.

The ground of the first war, for ten years after the Revolution, as to
the part we had in it, was, to make France acknowledge the late king,
and to recover Hudson's Bay. But during that whole war, the sea was
almost entirely neglected, and the greatest part of six millions
annually employed to enlarge the frontier of the Dutch. For the king was
a general, but not an admiral; and although King of England, was a
native of Holland.

After ten years fighting to little purpose; after the loss of above an
hundred thousand men, and a debt remaining of twenty millions, we at
length hearkened to the terms of a peace, which was concluded with great
advantages to the empire and Holland, but none at all to us;[31] and
clogged soon after by the famous treaty of partition;[32] by which,
Naples, Sicily, and Lorrain, were to be added to the French dominions;
or if that crown should think fit to set aside the treaty, upon the
Spaniards refusing to accept it, as they declared they would, to the
several parties at the very time of transacting it; then the French
would have pretensions to the whole monarchy. And so it proved in the
event; for the late King of Spain reckoning it an indignity to have his
territories cantoned out into parcels, by other princes, during his own
life, and without his consent, rather chose to bequeath the monarchy
entire to a younger son of France: And this prince[33] was acknowledged
for King of Spain both by us and Holland.

It must be granted, that the counsels of entering into this war were
violently opposed by the church-party, who first advised the late king
to acknowledge the Duke of Anjou; and particularly, 'tis affirmed that a
certain great person,[34] who was then in the church interest, told the
king in November, 1701, That since His Majesty was determined to engage
in a war so contrary to his private opinion, he could serve him no
longer, and accordingly gave up his employment; though he happened
afterwards to change his mind, when he was to be at the head of the
Treasury, and have the sole management of affairs at home; while those
abroad were to be in the hands of one, whose advantage, by all sorts of
ties, he was engaged to promote.

The declarations of war against France and Spain, made by us and
Holland, are dated within a few days of each other. In that published by
the States, they say very truly That "they are nearest, and most exposed
to the fire; that they are blocked up on all sides, and actually
attacked by the Kings of France and Spain; that their declaration is the
effect of an urgent and pressing necessity;" with other expressions to
the same purpose. They "desire the assistance of all kings and princes,"
&c. The grounds of their quarrel with France, are such as only affect
themselves, or at least more immediately than any other prince or state;
such as, "the French refusing to grant the Tariff promised by the treaty
of Ryswick; the loading the Dutch inhabitants settled in France, with
excessive duties, contrary to the said treaty; the violation of the
Partition Treaty, by the French accepting the King of Spain's will, and
threatening the States, if they would not comply; the seizing the
Spanish Netherlands by the French troops, and turning out the Dutch, who
by permission of the late King of Spain were in garrison there; by which
means that republic was deprived of her barrier, contrary to the treaty
of partition, where it was particularly stipulated, that the Spanish
Netherlands should be left to the archduke." They alleged, that "the
French king governed Flanders as his own, though under the name of his
grandson, and sent great numbers of troops thither to fright them: That
he had seized the city and citadel of Liège, had possessed himself of
several places in the archbishopric of Cologne, and maintained troops in
the country of Wolfenbuttel, in order to block up the Dutch on all
sides; and caused his resident to give in a memorial, wherein he
threatened the States to act against them, if they refused complying
with the contents of that memorial."

The Queen's declaration of war is grounded upon the grand alliance, as
this was upon the unjust usurpations and encroachments of the French
king; whereof the instances produced are, "his keeping in possession a
great part of the Spanish dominions, seizing Milan and the Spanish Low
Countries, making himself master of Cadiz, &c. And instead of giving
satisfaction in these points, his putting an indignity and affront on
Her Majesty and kingdoms, by declaring the pretended Prince of Wales, K.
of England, &c.," which last was the only personal quarrel we had in the
war; and even this was positively denied by France, that king being
willing to acknowledge Her Majesty.

I think it plainly appears by both declarations, that England ought no
more to have been a principal in this war, than Prussia, or any other
power, who came afterwards into that alliance. Holland was first in the
danger, the French troops being at that time just at the gates of
Nimeguen. But the complaints made in our declaration, do all, except the
last, as much or more concern almost every prince in Europe.

For, among the several parties who came first or last into this
confederacy, there were but few who, in proportion, had more to get or
to lose, to hope or to fear, from the good or ill success of this war,
than we. The Dutch took up arms to defend themselves from immediate
ruin; and by a successful war, they proposed to have a larger extent of
country, and a better frontier against France. The emperor hoped to
recover the monarchy of Spain, or some part of it, for his younger son,
chiefly at the expense of us and Holland. The King of Portugal had
received intelligence, that Philip designed to renew the old pretensions
of Spain upon that kingdom, which is surrounded by the other on all
sides, except towards the sea, and could therefore only be defended by
maritime powers. This, with the advantageous terms offered by K.
Charles,[35] as well as by us, prevailed with that prince to enter into
the alliance. The Duke of Savoy's temptations and fears were yet
greater: The main charge of the war on that side was to be supplied by
England, and the profit to redound to him. In case Milan should be
conquered, it was stipulated that his highness should have the Duchy of
Montferrat, belonging to the Duke of Mantua, the provinces of Alexandria
and Valencia, and Lomellino, with other lands between the Po and the
Tanaro, together with the Vigevenasco, or in lieu of it, an equivalent
out of the province of Novara, adjoining to his own state; beside
whatever else could be taken from France on that side by the confederate
forces. Then, he was in terrible apprehensions of being surrounded by
France, who had so many troops in the Milanese, and might have easily
swallowed up his whole duchy.

The rest of the allies came in purely for subsidies, whereof they sunk
considerable sums into their own coffers, and refused to send their
contingent to the emperor, alleging their troops were already hired by
England and Holland.

Some time after the Duke of Anjou's succeeding to the monarchy of Spain,
in breach of the partition treaty, the question here in England was,
Whether the peace should be continued, or a new war begun. Those who
were for the former alleged the debts and difficulties we laboured
under; that both we and the Dutch had already acknowledged Philip for
King of Spain; that the inclinations of the Spaniards to the house of
Austria, and their aversion for that of Bourbon, were not so surely to
be reckoned upon, as some would pretend; that we thought it a piece of
insolence, as well as injustice, in the French to offer putting a king
upon us; and the Spaniards would conceive, we had as little reason to
force one upon them; that it was true, the nature and genius of those
two people differed very much, and so would probably continue to do, as
well under a king of French blood, as one of Austrian; but, that if we
should engage in a war for dethroning the D. of Anjou, we should
certainly effect what, by the progress and operations of it, we
endeavoured to prevent, I mean an union of interest and affections
between the two nations; for the Spaniards must of necessity call in
French troops to their assistance: This would introduce French
counsellors into King Phillip's court; and this, by degrees, would
habituate and reconcile the two nations: That to assist King Charles by
English or Dutch forces, would render him odious to his new subjects,
who have nothing in so great an abomination, as those whom they hold for
heretics: That the French would by this means become masters of the
treasures in the Spanish West Indies: That, in the last war, when Spain,
Cologne, and Bavaria were in our alliance, and by a modest computation
brought sixty thousand men into the field against the common enemy; when
Flanders, the seat of war, was on our side, and His Majesty, a prince of
great valour and conduct, at the head of the whole confederate army; yet
we had no reason to boast of our success: How then should we be able to
oppose France with those powers against us, which would carry sixty
thousand men from us to the enemy, and so make us, upon the balance,
weaker by one hundred and twenty thousand men at the beginning of this
war, than of that in 1688?

On the other side, those whose opinion, or some private motives,
inclined them to give their advice for entering into a new war, alleged
how dangerous it would be for England, that Philip should be King of
Spain; that we could have no security for our trade, while that kingdom
was subject to a prince of the Bourbon family; nor any hopes of
preserving the balance of Europe, because the grandfather would, in
effect, be king, while his grandson had but the title, and thereby have
a better opportunity than ever of pursuing his design for universal
monarchy. These and the like arguments prevailed; and so, without
offering at any other remedy, without taking time to consider the
consequences, or to reflect on our own condition, we hastily engaged in
a war which hath cost us sixty millions; and after repeated, as well as
unexpected success in arms, hath put us and our posterity in a worse
condition, not only than any of our allies, but even our conquered
enemies themselves.

The part we have acted in the conduct of this whole war, with reference
to our allies abroad, and to a prevailing faction at home, is what I
shall now particularly examine; where I presume it will appear, by plain
matters of fact, that no nation was ever so long or so scandalously
abused by the folly, the temerity, the corruption, the ambition of its
domestic enemies; or treated with so much insolence, injustice and
ingratitude by its foreign friends.

This will be manifest by proving the three following points.

_First_, That against all manner of prudence, or common reason, we
engaged in this war as principals, when we ought to have acted only as
auxiliaries.

_Secondly_, That we spent all our vigour in pursuing that part of the
war which could least answer the end we proposed by beginning of it; and
made no efforts at all where we could have most weakened the common
enemy, and at the same time enriched ourselves.

_Lastly_, That we suffered each of our allies to break every article in
those treaties and agreements by which they were bound, and to lay the
burthen upon us.

[30] Dr. Gilbert Burnet, Bishop of Sarum.

[31] The Peace of Ryswick, concluded in October, 1697. All that Louis
did for England by that peace was to acknowledge William as King of
England, and to engage not to assist his enemies. The Dutch and Leopold,
however, were much better treated. The former had its commerce
re-established, while to the latter were given many fortresses and
towns, and advantages strengthening his empire. The Peace of Ryswick was
truly not a peace, but a temporary cessation of hostilities.

[32] The Partition Treaties arose out of the troublesome question of the
Spanish succession. After the Peace of Ryswick William III. and Louis
XIV. attempted to settle this question by a partition of the Spanish
possessions.

[33] This was Philip of Anjou, second son of the Dauphin.

[34] Sidney Godolphin, one of the greatest financiers among English
statesmen. He was Lord High Treasurer under Queen Anne, and an intimate
friend, as well as relative by marriage, of Marlborough. He was created
an Earl in 1706, but was removed from his office at the fall of the Whig
ministry in 1710.

[35] The Archduke Charles, who styled himself Charles III. of Spain.

VICAR OF BRAY.

_Old Song Composed in the time of George I._

The song illustrates the many changes of religion in the later Stuart
period.

 1. In good King Charles's golden days
    When loyalty no harm meant,
    A zealous High-Churchman was I,
    And so I got preferment.
    To teach my flock, I never missed,
    Kings were by God appointed,
    And damned are those that dare resist
    Or touch the Lord's anointed.

      _Chorus._  And this is law that I'll maintain
                 Until my dying day, sir,
                 That whatsoever King shall reign
                 I'll still be Vicar of Bray, sir.

 2. When royal James possessed the Crown
    And Popery came in fashion
    The penal laws I hooted down
    And signed the Declaration.
    The Church of Rome I found would fit
    Full well my constitution,
    And I had been a Jesuit
    But for the Revolution.

      _Chorus._  And this is law, etc.

 3. When William was our King declared
    To ease the nation's grievance,
    With this new wind about I steered
    And swore to him allegiance.
    Old principles I did revoke,
    Set conscience at a distance;
    Passive obedience was a joke,
    A jest was non-resistance.

      _Chorus._  And this is law, etc.

 4. When royal Anne became our Queen,
    --The Church of England's glory,--
    Another face of this was seen
    And I became a Tory.
    Occasional Conformists base
    I blamed their moderation,
    And thought the Church in danger was
    By such prevarication.

      _Chorus._  And this is law, etc.

 5. When George in Pudding-time came o'er,
    And moderate men looked big, sir,
    My principles I changed once more,
    And thus became a Whig, sir.
    And so preferment I secured
    From our new faith's defender,
    And almost every day abjured
    The Pope and the Pretender.

      _Chorus._  And this is law, etc.

 6. The illustrious House of Hanover
    And Protestant Succession,
    To them I do allegiance swear--
    Whilst they can keep possession.
    For in my faith and loyalty
    I never more shall falter,
    And George my lawful King shall be--
    Until the times do alter.

      _Chorus._  And this is law, etc.

BELL'S ENGLISH HISTORY SOURCE BOOKS

Scope of the Series and Arrangement of Volumes.

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