NOTES TO VOLUME II. Note A, p. 1. E council consisted of the prince of Denmark, the archbishop of Canterbury, the duke of Norfolk, the marquises of Halifax and Winchester, the earls of Danby, Lindsey, Devonshire, Dorset, Middlesex, Oxford, Shrewsbury, Bedford, Bath, Macclesfield, and Nottingham; the viscounts Fauconberg, Mordaunt, Newport, Lumley; the lords Wharton, Montague, Delamere, Churchill; Mr. Bentinck, Mr. Sidney, sir Robert Howard, sir Henry Capel, Mr. Powle, Mr. Russel, Mr. Hambden, and Mr. Boscawen. Note B, p. 2. and dangers which are engendered by a disputed title to the throne, and the efforts of an artful pretender; that they are necessarily wedded to the affairs of the continent, and their interest sacrificed to foreign connexions, from which they can never be disengaged. Perhaps all these calamities might have been prevented by the interposition of the prince of Orange. King James, without forfeiting the crown, might have been laid under such restrictions that it would not have been in his power to tyrannize over his subjects, either in spirituals or temporals. The power of the militia might have been vested in the two houses of parliament, as well as the nomination of persons to fill the great offices of the church and state, and superintend the economy of the administration in the application of the public money; a law might have passed for annual parliaments, and the king might have been deprived of his power to convoke, adjourn, prorogue, and dissolve them at his pleasure. Had these measures been taken, the king must have been absolutely disabled from employing either force or corruption in the prosecution of arbitrary designs, and the people must have been fairly represented in a rotation of parliaments, whose power and influence would have been but of one year's duration. Note C, p. 3. The new form of the coronation-oath consisted in the following questions and answers:-"Will you solemnly promise and swear to govern the people of this kingdom of England, and the dominions thereto belonging, according to the statutes in parliament agreed on, and the laws and customs of the same?"-"I solemnly pro This expedient was attended with an insurmountable absurdity. If the majority of the convention could not grant a legal sanction to the establishment they had made, they could never invest the prince of Orange with a just right to ascend the throne; for they could not give what they had no right to bestow; and if he ascended the throne without a just title, he could have no right to sanctify that assembly to which he owed his elevation. When the people are obliged, by tyranny or other accidents, to have recourse to the first principles of society, namely, their own preservation, in electing a new sovereign, it will deserve consideration, whether that choice is to be effected by the majority of a parliament which has been dissolved, indeed by any parliament whatsoever, or by the body of the nation assembled in communities, corporations, by tribes or centuries, to signify their assent or dissent with respect to the person proposed as their sovereign. This kind of election might be attended with great inconvenience and diffi-mise so to do." culty, but these cannot possibly be avoided when the "Will you, to the utmost of your power, cause law and constitution is dissolved by setting aside the lineal suc-justice in mercy to be executed in all your judgments?" cession to the throne. The constitution of England is "I will." "Will you, to the utmost of your power, mainfounded on a parliament consisting of kings, lords, and tain the laws of God, the true profession of the Gospel, and commons; but when there is no longer a king, the par- the Protestant reformed religion as by law established; liament is defective, and the constitution impaired: the and will you preserve unto the bishops and clergy of this members of the lower house are the representatives of realm, and to the churches committed to their charge, the people, expressly chosen to maintain the constitu- all such rights and privileges as by law do or shall tion in church and state, and sworn to support the rights appertain unto them or any of them?"—" All this I of the crown, as well as the liberties of the nation; but promise to do." though they are elected to maintain, they have no power to alter, the constitution. When the king forfeits the allegiance of his subjects, and it becomes necessary to dethrone him, the power of so doing cannot possibly reside in the representatives who are chosen, under certain limitations, for the purposes of a legislature which no longer exists; their power is of course at an end, and they are reduced to a level with other individuals that The lords of the articles, by the gradual usurpation of constitute the community. The right of altering the the crown, actually constituted a grievance intolerable constitution, therefore, or of deviating from the estab-in a free nation. The king empowered the commislished practice of inheritance in regard to the succession of the crown, is inherent in the body of the people; and every individual has an equal right to his share in the general determination, whether his opinion be signified viva voce, or by a representative whom he appoints and instructs for that purpose. It may be suggested, that the prince of Orange was raised to the throne without any convulsion, or any such difficulties and inconveniencies as we have affirmed to be the necessary consequences of a measure of that nature. To this remark we answer, that, since the Revolution, these kingdoms have been divided and harassed by violent and implacable factions, that eagerly seek the destruction of each other: that they have been exposed to plots, conspiracies, insurrections, civil wars, and successive rebellions, which have not been defeated and quelled without vast effusion of blood, infinite mischief, calamity, and expense to the nation: that they are still subjected to all those alarms Then the king or queen, laying his or her hand upon the Gospels, shall say, “The things which I have here before promised, I will perform and keep. So help me God.” Note D, p. 8. sioner to choose eight bishops, whom he authorized to nominate eight noblemen: these together choose eight barons and eight burgesses; and this whole number, in conjunction with the officers of state as supernumeraries, constituted the lords of the articles. This committee possessed the sole exclusive right and liberty of bringing in motions, making overtures for redressing wrongs, and proposing means and expedients for the relief and benefit of the subjects.-Proceedings of the Scots Parliument vindicated. Note E, p. 10. James in this expedition was attended by the duke of Berwick, and by his brother Mr. Fitzjames, grand prior, the duke of Powis, the earls of Dover, Meliort, Abercorn, and Seaforth; the lords Henry and Thomas Howard, the lords Drummond, Durgan, Trendraught, Buchan, Hunsdon, and Brittas; the bishops of Chester and Galway; the late lord chief justice Herbert; the marquis d'Estrades, M. de Rosene, mareschal de camp; Mamoe, Pusignan, and Lori, lieutenant-general; Prontee, engineer-general; the marquis d'Albeville, sir John Sparrow, sir Roger Strictland, sir William Jennings, sir Henry Bond, sir Charles Carney, sir Edward Vaudrey, sir Charles Murray, sir Robert Parker, sir Alphonso Maiolo, sir Samuel Foxon, and sir William Wallis; by the colonels Porter, Sarsfield, Anthony and John Hamilton, Simon and Henry Luttrel, Ramsay, Dorrington, Sutherland, Clifford, Parker, Purcel, Cannon, and Fielding, with about two-and-twenty other officers of inferior rank. Note F, p. 16. Note I, p. 46. The other laws made in this session were those that follow:-An act for preventing suits against such as had acted for their majesties' service in defence of this kingdom. An act for raising the militia in the year 1693. An act for authorizing the judges to empower such persons, other than common attorneys and solicitors, as they should think fit, to take special bail, except in London, Westminster, and ten miles round. An act to encourage the apprehending of highwaymen. An act for preventing clandestine marriages. An act for the regaining, encouraging, and settling the Greenland trade. An act to prevent malicious informations in the court of King's Bench, and for the more easy reversal of outlawries in that court. An Act for the better discov. ery of judgments in the courts of law. An Act for delivering declarations to prisoners for debt. An act for regulating proceedings in the Crown Office. An act for the more easy discovery and conviction of such as should destroy the game of this kingdom, And an act for continuing the acts for prohibiting all trade and commerce with France, and for the encouragement of privateers. Note K, p. 53. The franchises were privileges of asylum, annexed not only to the ambassadors at Rome, but even to the whole district in which any ambassador chanced to live. This privilege was become a terrible nuisance, inasmuch as it afforded protection to the most atrocious criminals, who filled the city with rapine and murder. Innocent XI. resolving to remove this evil, published a bull, abolishing the franchises; and almost all the catholic powers of Europe acquiesced in what he had done, upon being duly informed of the grievance. Louis XIV. however, from a spirit of pride and insolence, re- Besides the bills already mentioned, the parliament fused to part with anything that looked like a preroga- in this session passed an act for taking and stating the tive of his crown. He said the king of France was not public accounts-another to encourage ship-building-the imitator, but a pattern and example for other princes. a third for the better disciplining the navy-the usual He rejected with disdain the mild representations of the militia act—and an act enabling his majesty to make | pope; he sent the marquis de Lavarden as his ambas-grants and leases in the duchy of Cornwall. One was sador to Rome, with a formidable train, to insult Inno- also passed for renewing a clause in an old statute, cent even in his own city. That nobleman swaggered limiting the number of justices of the peace in the printhrough the streets of Rome like a bravo, taking all cipality of Wales. The duke of Norfolk brought an opportunities to affront the pope, who excommunicated action in the court of King's Bench against Mr. Gerhim in revenge. On the other hand, the parliament of maine, for criminal conversation with his duchess. Paris appealed from the pope's bull to a future council. The cause was tried, and the jury brought in their ver Louis caused the pope's nuncio to be put under arrest, dict for one hundred marks, and costs of suit, in favour took possession of Avignon, which belonged to the see of the plaintiff. of Rome, and set the holy father at defiance. Note G, p. 21. The following persons were exempted from the benefit of this act:-William, marquis of Powis; Theophilus, carl of Huntingdon; Robert, earl of Sunderland; John, earl of Melfort; Roger, earl of Castlemain; Nathaniel, lord bishop of Durham; Thomas, lord bishop of Saint David's; Henry, lord Dover; lord Thomas Howard; sir Edward Hales, sir Francis Withers, sir Edward Lutwych, sir Thomas Jenner, sir Nicholas Butler, sir William Herbert, sir Richard Holloway, sir Richard Heath, sir Roger l'Estrange, William Molineux, Thomas Tyndesly, colonel Townley, colonel Lundy, Robert Brent, Edward Morgan, Philip Burton, Richard Graham, Edward Petre, Obadiah Walker, Matthew Crone, and George lord Jeffries, deceased. Note H, p. 35. In the course of this session, Dr. Welwood, a Scottish physician, was taken into custody, and reprimanded at the bar of the house of commons, for having reflected upon that house in a weekly paper, entitled Mercurius Reformatus; but, as it was written in defence of the government, the king appointed him one of his physicians in ordinary. At this period, Charles Montague, afterwards earl of Halifax, distinguished himself in the house of commons by his fine talents and eloquence. The privy seal was committed to the earl of Pembroke; lord viscount Sidney was created lord-lieutenant of Ireland; sir John Somers appointed attorney-general; and the seo of Lincoln, vacant by the death of Barlow, conferred upon Dr. Thomas Tennison, who had been recommended to the king as a divine remarkable for his piety and moderation. Before the king embarked, he gratified a good number of his friends with promotions. Lord Charles Butler, brother to the duke of Ormond, was created lord Butler, of Weston in England, and earl of Arran in Ireland. The earl of Shrewsbury was honoured with the title of duke. The earl of Mulgrave, being reconciled to the court measures, was gratified with a pension of three thousand pounds, and the title of marquis of Normanby. Henry Herbert was ennobled by the title of baron Herbert, of Cherbury. The earls of Bedford, Devonshire, and Clare, were promoted to the rank of dukes. The marquis of Caermarthen was made duke of Leeds; lord viscount Sidney, created earl of Romney; and viscount Newport, earl of Bedford. Russel was advanced to the head of the admiralty board. Sir George Rooke and sir John Houblon were appointed joint-commissioners in the room of Killegrew and Delaval. Charles Montague was made chancellor of the exchequer; and sir William Trumbal and John Smith commisioners of the treasury, in the room of sir Edward Seymour and Mr. Hambden. Note L, p. Her obsequies were performed with great magnificence. The body was attended from Whitehall to Westminster Abbey by all the judges, sergeants at law, the lord-mayor and aldermen of the city of London, and both houses of parliament; and the funeral sermon was preached by Dr. Tennison, archbishop of Canterbury. Dr. Kenn, the deprived bishop of Bath and Wells, reproached him in a letter, for not having called upon her majesty on her death-bed to repent of the share she had in the Revolution. This was answered by another pamphlet. One of the Jacobite clergy insulted the queen's memory, by preaching on the following text: "Go now, see this cursed woman, and bury her, for she is a king's daugh ter." On the other hand, the lord-mayor, aldermen, and common council of London came to a resolution to erect | Another against unlawful and double returns. A third, her statue, with that of the king, in the Royal Exchange. Note M, p. 58. In the course of this session, the lords inquired into the particulars of the Mediterranean expedition, and presented an address to the king, declaring, that the fleet in those seas had conduced to the honour and advantage of the nation. On the other hand, the commons, in an address, besought his majesty to take care that the kingdom might be put on an equal footing and proportion with the allies, in defraying the expense of the war. The coin of the kingdom being greatly diminished and adulterated, the earls of Rochester and Nottingham expatiated upon this national evil in the house of lords: an act was passed, containing severe penalties against clippers; but this produced no good effect. The value of money sunk in the exchange to such a degree, that a guinea was reckoned adequate to thirty shillings; and this public disgrace lowered the credit of the funds and of the government. The nation was alarmed by the circulation of fictitious wealth, instead of gold and silver, such as bank bills, exchequer tallies, and government securities. The malcontents took this opportunity to exclaim against the bank, and even attempted to shake the credit of it in parliament; but their endeavours proved abortive-the monied interest preponderated in both houses. Note N, p. 58. The regency was composed of the archbishop of Canterbury; Somers, lord-keeper of the great seal; the earl of Pembroke, lord-privy-seal; the duke of Devonshire, lord-steward of the household; the duke of Shrewsbury, secretary of state; the earl of Dorset, lord-chamberlain; and the lord Godolphin, first commissioner of the treasury. Sir John Trenchard dying, his place of secretary was filled by sir William Trumbal, an eminent civilian, learned, diligent, and virtuous, who had been envoy at Paris and Constantinople. William Nassau de Zulyerstein, son of the king's natural uncle, was created baron of Enfield, viscount Tunbridge, and earl of Rochford. Ford, lord Grey of Werke, was made viscount Glendale, and earl of Tankerville. The month of April of this year was distinguished by the death of the famous George Saville, marquis of Halifax, who had survived, in a good measure, his talents and reputation. Note O, p. 67. The commons resolved, That a fund, redeemable by parliament, be settled in a national land bank, to be raised by new subscriptions; That no person be concerned in both banks at the same time; That the duties upon coals, culm, and tonnage of ships be taken off, from the seventeenth day of March; That the sum of two millions five hundred and sixty-four thousand pounds be raised on this perpetual fund, redeemable by parliament; That the new bank should be restrained from lending money but upon land securities, or to the government in the exchequer; That for making up the fund of interest for the capital stock, certain duties upon glass wares, stone and earthen bottles, granted before to the king for a term of years, be continued to his majesty, his heirs, and successors; That a further duty be laid upon stone and earthen ware, and another upon tobacco-pipes. This bank was to lend out five hundred thousand pounds a-year upon land securities, at three pounds ten shillings per cent. per annum, and to cease and determine, unless the subscription should be full, by the first day of August next ensuing. The most remarkable laws enacted in this session were these:-An act for voiding all the elections of parliament men, at which the elected had been at any expense in meat, drink, or money, to procure votes. VOL. II. A for the more easy recovery of small tithes. A fourth, to prevent marriages without license or banns. fifth, for enabling the inhabitants of Wales to dispose of all their personal estates as they should think fit: this law was in bar of a custom that had prevailed in that country-the widows and younger children claimed a share of the effects, called their reasonable part, although the effects had been otherwise disposed of by will or deed. The parliament likewise passed an act for preventing the exportation of wool, and encouraging the importation thereof from Ireland. An act for encouraging the linen manufactures of Ireland. An act for regulating juries. An act for encouraging the Greenland trade. An act of indulgence to the quakers, that their solemn affirmation should be accepted instead of an oath. And an act for continuing certain other acts that were near expiring. Another bill passed for the better regulating elections for members of parliament; but the royal assent was denied. The question was put in the house of commons, That whosoever advised his majesty not to give his assent to that bill was an enemy to his country; but it was rejected by a great majority. Note P, p. 107. In their hours of debauch, they drank to the health of Sorrel, meaning the horse that fell with the king; and, under the appellation of the little gentleman in velvet, toasted the mole that raised the hill over which the horse had stumbled. As the beast had formerly belonged to sir John Fenwick, they insinuated that William's fate was a judgment upon him for his cruelty to that gentleman; and a Latin epigram was written on the occasion. Note Q, p. 107. Doctor Binkes, in a sermon preached before the convocation, on the thirtieth day of January, drew a parallel between the sufferings of Christ and those of king Charles, to which last he gave the preference, in point of right, character, and station. Note R, p. 107. During this short session, the queen gave her assent to an act for laying a duty upon land; to another for encouraging the Greenland trade; to a third for making good the deficiencies and the public credit; to a fourth for continuing the imprisonment of Counter, and other conspirators against king William; to a fifth for the relief of protestant purchasers of the forfeited estates of Ireland; to a sixth, enlarging the time for taking the oath of abjuration; to a seventh, obliging the Jews to maintain and provide for their protestant children. lished a pamphlet, intituled, "The Shortest Way with | it from ruin, oblige the Germans to retire, and march the Dissenters; or, Proposals for the Establishment of the Church." The piece was a severe satire on the violence of the church party. The commons ordered it to be burned by the hands of the common hangman, and the author to be prosecuted. He was accordingly committed to Newgate, tried, condemned to pay a fine of two hundred pounds, and stand in the pillory. Note U, p. 115. These were John Granville, created baron Granville of Potheridge, in the county of Devon; Heneage Finch, baron of Guernsey, in the county of Southampton; sir John Leveson Gower, baron Gower of Sittenham, in Yorkshire; and Francis Seymour Conway, youngest son of sir Edward Seymour, made baron Conway of Ragley, in the county of Warwick. At the same time, however, John Harvey, of the opposite faction, was created baron of Ickworth, in the county of Suffolk; and the marquis of Normanby was honoured with the title of duke of Buckinghamshire. Note X, p. 117. Though the queen refused to pass the act of security, the royal assent was granted to an act of limitation on the successor, in which it was declared, that no king or queen of Scotland should have power to make war or peace without consent of parliament. Another law was enacted, allowing French wines and other liquors to be imported in neutral bottoms. Without this expedient, it was alleged that the revenue would have been insufficient to maintain the government. An act passed in favour of the company trading to Africa and the Indies; another for a commission concerning the public accounts; a third for punishing slanderous speeches and writings. The commission for treating if a union with England was vacated, with a prohibition to grant any other commission for that purpose without consent of parliament; and no supply having been provided before the adjournment, the army and expense of government were maintained upon credit. back again to our present situation." The viceroy trusted his honour, and forthwith admitted the earl with his troops. He soon drove out the Germans and Catalonians, after having obliged them to quit the plunder they had taken; and by accident he rescued the duchess of Popoli from the hands of two brutal soldiers, and delivered her to her husband. Having thus appeased the tumult, and dispelled the horrors of the citizens, he returned to his former station, leaving the inhabitants of Barcelona amazed at such an instance of magnanimity and moderation in a people whom they had been taught to consider as the most savage barbarians. Note 2 A, p 139. The English commissioners were, Thomas lord archbishop of Canterbury; William Cowper, lord-keeper of the great seal; John lord archbishop of York; Sidney lord Godolphin, lord-high-treasurer of England; Thomas earl of Pembroke and Montgomery, president of the council; John duke of Newcastle, keeper of the privyseal; William duke of Devonshire, steward of the household; Charles duke of Somerset, master of the horse; Charles duke of Bolton, Charles earl of Sunderland, Evelyn earl of Kingston, Charles earl of Carlisle, Edward earl of Orford, charles viscount Townshend, Thomas lord Wharton, Ralph lord Grey, John lord Powlet, John lord Somers, Charles lord Halifax, William Cavendish marquis of Hartington, John Manners mar quis of Grandby; sir Charles Hedges and Robert Harley, principal secretaries of state; John Smith; Henry Boyle, chancellor of the exchequer; sir John Holt, chief justice of the Queen's Bench; sir Thomas Trevor, chief justice of the Common Pleas; sir Edward Northey, attorneygeneral; sir Simon Harcourt, solicitor-general; sir John Cook; and Stephen Waller, doctor of laws.-The Scottish commissioners were, James earl of Seafield, lord-chancellor of Scotland; James duke of Queensberry, lord-privy-seal; John earl of Mar, and Hugh earl of Loudon, principal secretaries of state; John earl of Sutherland, John earl of Morton, David earl of Wemys David earl of Leven, John earl of Stair, Archibald earl of Roseberry, David earl of Glasgow, lord Archibald Campbell, Thomas viscount Duplin, lord William Ross, sir Hugh Dalrymple, president of the session; Adam The marquis of Athol, and the marquis of Douglas, Cockburn of Ormistoun, lord-justice-clerk; sir Robert though this last was a minor, were created dukes. Lord Dundas, of Arnistoun, Robert Stuart of Tillicultrie, Tarbat was invested with the title of earl of Cromarty; lords of the session; Mr. Francis Montgomery, one of the viscount Stair and Roseberry were promoted to the the commissioners of the treasury; sir David Dalrymple, same dignity; lord Boyle was created earl of Glasgow; one of her majesty's solicitors; sir Alexander Ogilvie, James Stuart of Bute, earl of Bute; Charles Hope of receiver-general; sir Patrick Johnston, provost of EdHopetoun, earl of Hopetoun; John Crawford of Kil-inburgh; sir James Smollet of Bonhill; George Lockbirnie, viscount Garnock; and sir James Primrose of hart of Carwath; William Morrison of Petgongrange; Carrington, viscount Primrose. Note Y, p. 117. Note Z, p. 118. They had, besides the bills already mentioned, passed an act for an additional excise on beer, ale, and other liquors; another encouraging the importation of iron and staves; a third for preventing popish priests from coming into the kingdom; a fourth securing the liberty of the subject, and for prevention of imprisonment beyond seas; and a fifth for naturalizing all protestant strangers. Note K, p. 136 Voltaire, upon what authority we know not, tells us, that during the capitulation the German and Catalonian troops found means to climb over the ramparts into the city, and began to commit the most barbarous excesses. The viceroy complained to Peterborough that his soldiers had taken an unfair advantage of the treaty, and were actually employed in burning, plundering, murdering, and violating the inhabitants. The earl replied, "They must then be the troops of the prince of Hesse: allow me to enter the city with my English forces; I will save Alexander Grant; William Seton of Pitmidden, John Clerk of Pennycook, Hugh Montgomery, Daniel Stuart, and Daniel Campbell. Note 2 B, p. 149. This passage was effected to the astonishment of the French, who thought the works they had raised on that river were impregnable. The honour of the enterprise was in a great measure owing to the gallantry of sir John Norris and the English seamen. That brave of ficer, embarking in boats with six hundred sailors and marines, entered the river, and were rowed within musket shot of the enemy's works, where they made such a vigorous and unexpected attack, that the French were immediately driven from that part of their in trenchments; then sir John landed with his men, clambered over the works that were deemed inaccessible, and attacking the defendants sword in hand, compelled them to fly with the utmost precipitation. This de tachment was sustained by sir Cloudesly Shovel in person. The duke of Savoy, taking advantage of the enemy's consternation, passed the river almost without opposition. |