ing justices of the peace; and appointed a committee to inspect the commissions. This, reporting that many dissenters and men of small fortunes depending on the court, were put into those places, the commons declared, in an address, that it would much conduce to the service of his majesty, and the good of this kingdom, that gentlemen of quality and good estates should be restored, and put into the commissions of the peace and lieutenancy: and that men of small estates be neither continued, nor put into the said commissions. The king assured them he was of the same opinion; and that he would give directions accordingly. They were so mollified by this instance of his condescension, that they thanked him in a body for his gracious answer. They passed a bill to exculpate such as had neglected to sign the association, either through mistake, or want of opportunity. Having received a petition from the Lancashire clergy, complaining of the insolence and attempts of popish priests, they appointed a committee to inquire how far the laws against popish refugees had been put in execution; and upon the report a bill was brought in, complying with the prayer of the petition. It decreed a further reward to such persons as should discover and convict popish priests and jesuits: and perpetual imprisonment for those convicted on the oath of one or more witnesses. It enacted, that no person born after the twentyfifth day of March next ensuing, being a papist, should be capable of inheriting any title of honour or estate within the kingdom of England, dominion of Wales, or town of Berwick upon Tweed; and, that no papist should be capable of purchasing any lands, tenements, or hereditaments, either in his own name or in the name of any other person in trust for him. Several alterations were made in this first draft, before it was finished and sent up to the lords, some of whom proposed amendments: these, however, were not adopted; and the bill obtained the royal assent, contrary to the expectation of those who prosecuted the measure, on the supposition that the king was a favourer of the papists. After all, the bill was deficient in necessary clauses to enforce execution; so that the law was very little regarded in the sequel.

§ XXVIII. The court sustained another insult from the old East India company, who petitioned the house that they might be continued by parliamentary authority during the remaining part of the time prescribed in their charter. They, at the same time, published a state of their case, in which they expatiated upon the equity of their claims, and magnified the injuries they had undergone. The new company drew up an answer to this remonstrance, exposing the corrupt practices of their adversaries. But the in

fluence of their great patron, Mr. Montagu, was now vanished: the supply was not yet discussed, and the ministry would not venture to provoke the commons, who seemed propitious to the old company, and actually passed a bill in their favour. This, meeting with no opposition in the upper house, was enacted into a law, renewing their establishment; so that now there were two rival companies of merchants trading to the East Indies. The commons, not yet satisfied with the vexations to which they had exposed their sovereign, passed a bill to appoint commissioners for taking and examining the public accounts. Another law was made, to prohibit the use of India silks and stuffs which interfered with the English manufactures: a third, to take off the duties on the exportation of woollen manufactures, corn, grain, meal, bread, and biscuit: and a fourth, in which provision was made for punishing governors, or commanders in chief of plantations and colonies, in case they should commit any crimes or acts of injustice and oppression in the exercise of their administration.

§ XXIX. The people of Scotland still continued in violent agitation. They published a pamphlet, containing a detail of their grievances, which they in a great measure ascribed to his majesty. A complaint being preferred to the house of commons against this performance, it was voted a false, scandalous, and traitorous libel, and ordered to be burned by the hands of the common hangman. The commons addressed his majesty, to issue his royal proclamation for apprehending the author, printer, and publisher of the said libel; and he complied with their request. The Scottish company had sent up an address to the king, in behalf of some adventurers who were wrongfully de

tained prisoners in Carthagena: but lord Basil Hamilton, who undertook the charge of this petition, was refused admittance to his majesty, on pretence of his being suspected of disaffection to the government. The king, however, wrote to his council for Scotland, that he would demand the enlargement of the prisoners, and countenance any laudable measure that could advance the trade of that kingdom. The directors of the company, not content with this declaration, importuned their lord chancellor, who was in London, to procure access for lord Basil Hamilton: and the ministry took shelter from their solicitations behind a parliamentary inquiry. The subject of the Scottish colony being introduced into the house of lords, where the ministerial influence preponderated, a vehement debate arose, not from any regard to the interest of Scotland, but from mere opposition to the court, which, however, triumphed in the issue. A motion was made, that the settlement of the Scotch colony at Darien was inconsistent with the good of the plantation trade of England; and passed in the affirmative by a small majority. Then they presented an address, declaring their sympathy with the losses of their fellow subjects, and their opinion, that a prosecution of the design must end, not only in far greater disappointments to themselves, but also prove very inconvenient to the trade and quiet of the kingdom. They reminded him of the address of both houses, touching that settlement; and they expressed their approbation of the orders he had sent to the governors of the plantations on this subject. The king, in his answer to the address, in which the commons refused to concur, took the opportunity of exhorting them to consider of an union between the two kingdoms as a measure, than which nothing could more contribute to their mutual security and advantage. The lords, in pursuance of this advice, prepared a bill, appointing certain commissioners of the realm of England to treat with commissioners of Scotland for the weal of both kingdoms; but it was obstructed in the house of commons, who were determined to thwart every step that might tend to lessen the disgust, or appease the animosity of the Scottish nation. The malcontents insinuated, that the king's opposition to the Scottish company flowed neither

from his regard to the interest of England, nor from his punctual observance of treaties with Spain; but solely from his attachment to the Dutch, who maintained an advantageous trade from the island of Curacoa to the Spanish plantations in America, and were apprehensive that the Scottish company would deprive them of this commerce. This interpretation served as fuel to the flame already kindled in Scotland, and industriously blown up by the calumnies of the jacobites. Their parliament adopted the company as a national concern, by voting, that the colony of Caledonia in Darien was a legal and rightful settlement, which the parliament would maintain and support. On account of this resolution the session was for some time discontinued: but, when the Scots understood their new settlement was totally abandoned, their capital lost, and all their hope entirely vanished, the whole nation was seized with a transport of fury. They loudly exclaimed, that they had been sacrificed and basely betrayed in that quarter where they were entitled to protection. They concerted an address to the king, couched in a very high strain, representing the necessity of an immediate parliament. It was circulated about the kingdom for subscriptions, signed by a great number of those who sat in parliament, and presented to the king by lord Ross, who with some others was deputed for that purpose. The king told them, they should know his intention in Scotland; and in the mean time adjourned their parliament by proclamation. The people exasperated at this new provocation, began to form the draft of a second national address, to be signed by the shires and boroughs of the kingdom; but, before this could be finished, the king wrote a letter to the duke of Queensbury, and the privy council of that nation, which was published for the satisfaction of the people. He professed himself grieved at the nation's loss, and willing to grant what might be needful for the relief and ease of the kingdom. He assured them, he had their interest at heart; and that his good subjects should have convincing proofs of his sincere inclination to advance the wealth and prosperity of that his ancient kingdom. He said, he hoped this declaration would be satisfactory to all good men: that they would not suffer

themselves to be misled; nor give advantage to enemies, and ill designing persons, ready to seize every opportunity of embroiling the government. He gave them to understand that his necessary absence had occasioned the late adjournment; but as soon as God should bring him back, their parliament should be assembled. Even this ex

planation seconded by all the credit and address of his ministers, failed in allaying the national ferment, which rose to the very verge of rebellion.

XXX. The king, who, from his first accession to the throne, had veered occasionally from one party to other, according to the circumstances of his affairs, and the opposition he encountered, was at this period so incensed and embarrassed by the caprice and insolence of the commons, that he willingly lent an ear to the leaders of the tories, who undertook to manage the parliament according to his pleasure, provided he would part with some of his ministers who were peculiarly odious to the commons. The person against whom their anger was chiefly directed, was the lord chancellor Somers, the most active leader of the whig party. They demanded his dismission, and the king exhorted him to resign his office: but he refusing to take any step that might indicate a fear of his enemies, or a consciousness of guilt, the king sent a peremptory order for the seals by the lord Jersey, to whom Somers delivered them without hesitation. They were successively offered to lord chief justice Holt, and Trevor, the attorney general, who. declined accepting such a precarious office. Meanwhile, the king granted a temporary commission to three judges to sit in the court of chancery; and at length bestowed the seals, with the title of lord keeper, on Nathan Wright, one of the sergeants at law, a man but indifferently qualified for the office to which he was now preferred. Though William seemed altogether attached to the tories, and inclined to a new parliament, no person appeared to take the lead in the affairs of government; and, indeed, for some time the administration seemed to be under no particular direction.

§ XXXI. During the transactions of the last session, the negotiation for a second partition treaty had been carried on in London by the French minister, Tallard, in conjunction with the earls of Portland and Jersey, and was soon

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