THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA LOS ANGELES FROM THE LIBRARY OF FRANK J. KLINGBERG SOURCE-BOOK OF ENGLISH HISTORY LEADING DOCUMENTS TOGETHER WITH ILLUSTRATIVE MATERIAL FROM CONTEMPORARY WRITERS AND A BIBLIOGRAPHY OF SOURCES BY GUY CARLETON LEE, PH.D. OF JOHNS HOPKINS UNIVERSITY SECOND EDITION, REVISED NEW YORK HENRY HOLT AND COMPANY 1906 Copyright, tqoa, BY HENRY HOLT & CO. College Library I dedicate this volume, by his kind permission, to Gbe IRiflbt IRcvcrcn^ lUilltam Stubbs LORD BISHOP OF OXFORD In appreciation of his contributions to historical literature 1327471 PREFACE TO THE SECOND EDITION THE generous appreciation of my fellow- workers in the field of English History resulted in the exhaustion of the first edition of the Source-Book. The opportunity for a revision of the text thus came to me. I have gladly availed myself of it in order that the usefulness of the book might be increased. This new edition, however, does not contain any radical changes. The plan of the book and the choice of selec- tions are the same. The careful reader will, nevertheless, detect various alterations. These are, as a rule, typo- graphical corrections discovered by a rigid triple com- parison of each word of the text of the first edition with that of the source from which the excerpt was made. The chapter devoted to " The Growth of Law " has presented many editorial difficulties, owing to the fact that no one text or translation of the early English statutes can be regarded as absolutely correct. I have in this work edited the early statutes after the following plan: I have selected those parts of the best readings which were closest to the meaning of the most highly approved MSS. texts. I have combined these excerpts into what I believe to be an accurate rendition of the statute. My version will in several particulars differ from The Statutes of the Realm and The Statutes at Large. The differences are rendered necessary by the variations and errors of these antiquated works. vi PREFACE 1 have made no changes in the choice of illustrative material of the section illustrating the Nineteenth Cen- tury. An examination of the authorship of the selections will demonstrate their right to speak authoritatively of the events of which they treat. I trust that this edition will aid to illustrate the history of England and that, despite its faults, it may prove a useful working tool. GUY CARLETON LEE JOHNS HOPKINS UNIVERSITY October 15, 1901 PREFACE IN editing this volume I have differed from the plan of selection adopted by Bishop Stubbs, in that I have in- cluded illustrative material not strictly documentary ; and I have departed from the method of Professor Hart from whom I have borrowed the name, source-book in that I have included the great constitutional and legal documents which furnish the framework of the history of national development. Though I have differed in details of editing from these learned scholars, to whom students and teachers of his- tory are under great obligations, yet I have striven for the same result that they have so successfully attained, in that their works are not only useful tools for the class- room and authoritative reference works for the library but are interesting to the general reader. The scope of this collection of sources is such as to make it available for use with any text-book upon Eng- lish History. It extends from the first mention of Britain by ancient historians to the last great treaty with the Boers of South Africa. Thanks to the liberality of my publishers, who have regarded the work from the educa- tional rather than the commercial point of view, I have been enabled to add to its usefulness by including much illustrative material hitherto inaccessible to most stu- dents. The first part of the volume is devoted to a working bibliography of sources. An attempt has been made to cite nearly every important collection by title; and, where an omission has been found to be necessary, the student is furnished with such bibliographical informa- via PREFACE tion as will enable him to find material for the epoch under consideration. I desire to express my obligations in this department to the erudite and invaluable works of Professor Charles Gross and of the late Sir Thomas Duffus Hardy ; to them the student must always turn for bibliographical detail. In editing this volume I have in most cases modern- ized the spelling, punctuation, and capitalization of the excerpts, believing that documents are most useful in their most readable form. I have, however, preserved the original style when necessary to bring out the full effect of the selections. In selecting matter from printed texts I have sought to excerpt from the most approved editions without reference to date of their publication. In choosing from reprints I have preferred the official editions. In deciding upon translations I have selected and edited those which in my opinion most faithfully present the meaning of the best manuscripts. The senti- ments expressed in the selections are those of the respect- ive authors; I am obliged to disclaim any responsibility for them. I desire to express my gratitude to authors and pub- lishers for the use of much valuable material. I have taken pains to acknowledge special obligations by indi- cating my sources at the close of each selection. I am especially grateful for the many privileges and kind- nesses which I have received from Philip R. Uhler, Pro- vost of the Peabody Library, and his assistants, all of whom have been untiring in their efforts to aid me in my work. I shall be under obligations to my fellow-labourers in the field of history if they will advise me of any sins of omission or commission which they may note. G. C. L. HISTORICAL DEPARTMENT JOHNS HOPKINS UNIVERSITY May, 1900 CONTENTS PART I BIBLIOGRAPHY OF SOURCES CHAPTER I HISTORIANS; CATALOGUES AND COLLECTIONS SECTION' PACK 1. The Historians 3 2. Catalogues of Sources ........ 5 3. Great Collections of Materials 9 CHAPTER II SOURCES ARRANGED BY EPOCHS 4. P.re-Norrnan Period 26 5. Frorn the, Cpnquest.to.the Charter , 31 6. F.rom the Charter tp the .Reformation 34 7. The Tudor Period 40 8. The Struggle for Constitutional Government .... 49 9. The Hanoverian Period 55 10. Nineteenth Century .,, 61 PART II THE PRE-NORMAN PERIOD (circa 425 B.C. to 1066 A.D.) CHAPTER III THE BRITAIN OF THE ANCIENTS 11. First Mention of the Islands afterwards called British . 65 12. First Mention of the Islands by Name ....... 65 13. Evidence of Increasing Interest in the British Islands . 66 14. First Roman Invasion of Britain 66 15. Description of the Britons 68 16. Characteristics of the Britons 69 17. The Tin Mine's of Britain ' . 70 18. Phases of the Roman Occupation 72 19. Consequences of the Withdrawal of the Romans ... 76 20. The Power of ' Britain revives . " 77 ix K CONTENTS CHAPTER IV THE BIRTH OF THE ENGLISH NATION 5KCTION PAGE 21. The Ancient Germans 79 22. Coming of Hengist and Horsa 80 23. England becomes One Kingdom 82 24. Reestablishment of Christianity 84 CHAPTER V ANGLO-SAXON LAWS (The Dooms of the Kings Alfred, Athelstan, and Edgar) 25. Of a Man's Eye-Wound and of various other Limbs . . 87 26. Of Lordless Men 88 27. Of Landless Men 88 28. Of the Doom concerning Hot Iron and Water .... 88 29. Of Wer-Gilds ... V 89 30. Of People's Ranks and Law 90 31. How the Hundred shall be held 91 32. Ordinance of King Edgar Church-Scots 92 33. Tithes 92 34. Hearth Penny 92 35. Festivals -ami Fasts 93 36. Secular Ordinance 93 CHAPTER VI THE DANES IN ENGLAND 37. Danish Invasions 38. Alfred at Athelney 97 39. Alfred and Guthrum's Peace 98 40. Second Period of Danish Invasion 99 41. Laws of Canute 101 42. Charter of Canute 103 43. Letter of Canute to his People 105 PART III FROM THE CONQUEST TO THE CHARTER (1066 to 1215) .CHAPTER VII THE NORMAN RULE 44. Invasion of England m 45. Coronation 'Oath' of William the Conqueror 117 46. Administration of William 117 47. Character of William 118 48. Doomsday Survey 119 CONTENTS xi SECTION PACK 49. A Doomsday Manor 121 50. Letter" of William I. to Gregory VII 121 51. Royal ' Supremacy '.'.".'.' 122 52. Separation of Spiritual ahd'Ldy Courts 122 53. First Charter of the City of London 123 54. Exactions of William Rufas 124 55. Charter of Liberties of Henry 1 124 56. Charter of the City of London (from Henry I.) . . . 127 57. The Investiture Controversy 128 CHAPTER VIII THE EARLY ANGEVINS 58. Henry II. and Thomas a Becket at the Council of Woodstock 130 59. The Council Of Westminster 131 60. The Constitutions of Clarendon 133 61. The King's Rash Words and Becket's Death .... 137 62. The Assize of Clarendon 138 63. Constitution of the King's Household 141 64. The First Coronation of Richard 1 147 65. Levying a Feudal Aid 149 .PART IV FROM THE CHARTER TO THE REFORMATION (1215 to 1529) CHAPTER IX THE PAPAL AUTHORITY TRIUMPHANT 66. The Struggle between John and Innocent III 155 67. England under the Interdict 156 68. John Excommunicated by Name 157 69. The Pope deposes the King 158 70. -The Papal Legate in England 159 71. The Repentance of the King 160 72. John resigns Crown and Kingdom to the Pope .... 160 73. John does Homage to the Pope 162 74. Declaration of Laws and Rights 164 CHAPTER X THE WINNING OF THE CHARTER 75. Rising of the Barons 165 76. Conference held by the Barons 165 77. Demands -of' the Barons 166 CONTENTS 78. London given up to the Barons 168 79. Meeting at Runnymedc 168 80. The Magna Charta 169 CHAPTER XI THE GROWTH OF LAW 81. Summonses to Parliament 181 82. Confirmation of the Charters 184 83. Ecclesiastical Sanction of the Confirmation of the Charters 186 84. De Tallagio Non Concedendo 186 85. Law of Mortmain 187 86. Freedom of Parliament 189 87. Taxation of Religious Houses 189 88. The Statute of " Quia Emptores " 193 89. Coronation Oath of Edward II 195 90. A Statute of Provisors (1352) 195 91. First Statute of Treasons 196 92. Second Statute of Provisors 198 93. Great Statute of Praemunire 199 CHAPTER XII THE BLACK DEATH 94. Spread of the Plague 203 95 Statute of Labourers 206 CHAPTER XIII LOLLARDY 96. Wycliffite Conclusions 209 97. Bull of Pope Gregory XI. against Wycliffe 211 98. Reply of Wycliffe to a Summons from the Pope . . . 212 99. De Haeretico Comburendo 214 100. Henry V. to the Mayor and Sheriffs of London . . . 217 101. Henry V. to the Sheriff of Kent 219 102. Henry VI. to the Abbot of St. Edmondsbury .... 220 103. Mandate for the Burning of a Heretic 222 PART V THE TUDOR PERIOD (1485 to 1603) CHAPTER XIV THE DIVORCE QUESTION 104. Henry Attempts to secure the Aid of the Church . . 227 105. Speeches at the Trial 229 CONTENTS xiii SECTION PAGE 106. Divorce Proceedings announced to the House of Com- mons 231 CHAPTER XV HENRY VIII AND THE CHURCH 107. Payment of Annates to the Pope Forbidden 234 108. Appeals to Rome Prohibited 236 109. Henry's Attitude toward Heretics 237 no. Submission of the Clergy 239 in. Act of Supremacy 243 1 12. Denial of the Authority of the Pope 244 113. Dissolution of the Monasteries 244 114. Confession made with the Surrender of a Monastery . 247 115^ Directions for Visitations of Monasteries 247 116. Letters concerning the Suppression of the Monasteries . 256 117. Summons to the Pilgrimage of Grace 263 118. Lancaster Herald's Mission to the Insurgents .... 263 119. The Six Articles 267 120. The Bible in the English Churches 269 121. Church Services to be in English 271 CHAPTER XVI THE REIGN OF EDWARD VI 122. Regulations concerning the Sacrament of the Lord's Supper 273 123. Act of Uniformity 274 124. Against Books and Images 277 125. Journal of Edward VI 279 CHAPTER. XVII THE REACTION AGAINST PROTESTANTISM 126. Lady Jane Grey's Claim to the Throne 281 127. Execution of Lady Jane Grey 285 128. Mary's Claim to the Throne 286 I28a Reply of the Council 287 129. Mary's Status as Queen 289 130. Mary attempts to restore Church Lands 291 131. Mary's Orders for the Execution of John Hooper . . 292 132. The Burning of Ridley and Latimer 293 CHAPTER XVIII ELIZABETH 133. Classes of the People in the XVIth Century .... 298 xiv CONTENTS 134. The Anglican Standpoint 300 135. The Presbyterian Position 302 136. Whitgift's Articles touching Preachers and other Or- ders for the Church 304 137. Puritan Demands 305 138. Privileges of Parliament 306 139. Elizabeth and Mary Stuart 307 140. Defeat of the Spanish Armada 309 141. Armada Speech of Elizabeth 310 142. Executiori of Margaret Clitherow 312 143. Death of Elizabeth 313 CHAITER XIX ELIZABETHAN SEAMEN 144. Hawkins' Third Voyage 316 145. Drake's Famous Voyage 319 146. Frobishef's First Voyage 325 147. The Beginnings of American Colonization .... 327 PART VI THE STRUGGLE FOR CONSTITUTIONAL GOVERN- MENT (1603 to 1688) CHAPTER XX THE REIGN OF JAMES I. 148. Coronation Oath of James 1 335 149. Grown abave. the .Courts 336 150. King is above the Law 337 151. Millenary Petition 338 152. Levying a Feudal Aid 341 153. Berrevolences 342 154. James- I: and- the Commons 344 . CILAPTER XXI THE PURITAN REVOLUTION 155. The Petition of Right 348 156. First Writ of Ship-Money 352 157. Ship-Money declared Illegal 355 158. Charles I. and Strafford 357 1583 Charles I. to the House of Lords in behalf of the Earl of Strafford 358 I58b Parliament considers King's Letter 359 159. A Summary of Grievances 360 160. The. Charge against the King 364 161. Charles refuses to Plead 366 162. The Sentence of the King 368 163. The Death Warrant of Charles 1 372 CHAPTER XXII ENGLAND A COMMONWEALTH 164. Act abolishing the Office of King 373 165. House of Lords Abolished 376 166. England declared to be a Commonwealth 376 167. Instrument of Government 377 168. Cromwell disciplines his first Parliament 387 169. Cromwell and the Kingship 389 170. Richard Cromwell becomes Lord Protector .... 392 .CHAPTER XXIII THE RESTORATION 171. Declaration oi Breda 394 172. Reception of the Declaration of Breda by Parliament . 396 173. Commons thank Sir John Grenville 397 174. Resolutions of Parliament urging the King to Return . 398 175. Beginning of Cabinet Government 398 176. Opinion of French Court concerning Members of Cabal 398 177. Habeas Corpus Act 400 178. James ll. and the Catholics 409 179. The Last Appeal .'..'.. 412 PART vn ENGLAND A CONSTITUTIONAL MONARCHY CHAPTER XXIV " THE GLORIOUS REVOLUTION " 180. Memorial from the Church of England to the Prince of Orange 417 181. The Prince of Orange reorganizes the Government . 418 182. The Lords invite William to undertake the Government 419 183. The Manner of Summoning Parliament 419 184. Answer of the Prince to the Suggestions of the Lords 420 185. William of Orange to the Commons 421 186. The Commons answer the Prince 421 187. The Prince's Address to Parliament 422 188. The Parliamentary Title of the Sovereign of England 423 189. The Bill of Rights 424 190. Act of Settlement 431 xvi CONTENTS SECTION PACK 191. Jesuits in England under William 436 192. Dissenters in the Eighteenth Century 438 CHAPTER XXV UNION BETWEEN ENGLAND AND SCOTLAND '93- Queen Anne's Speeches on Union of England and Scot- land 443 194. Union between England and Scotland 445 CHAPTER XXVI THE JACOBITE REBELLIONS 195. The Proclamation of James III 456 196. Landing of the Young Pretender 458 197. Escape of Prince Charles at Moy Hall 460 198. After Cullbden 462 199. Bond given by the Young Pretender 464 200. Execution of the Rebel Lords 464 CHAPTER XXVII JOHN WILKES 201. No. 45 of the " North Briton " 467 CHAPTER XXVIII AMERICAN INDEPENDENCE 202. Question of Taxation 474 203. Policy of Conciliation 475 204. Right to Tax . 477 205. Character of the Colonists 480 CHAPTER XXIX UNION OF GREAT BRITAIN AND IRELAND 206. The Union Advocated 483 207. Grattan Opposes the Union 485 208. Act of Union between Great Britain and Ireland . . . 487 PART VIII THE NINETEENTH CENTURY CHAPTER XXX EMANCIPATION 209. " No-Popery " Riots 497 210. Speech of King George on Catholic Emancipation . . 500 211. Speech of the Attorney General against the Catholic Emancipation Bill 501 212. Speech of Lord Plunkett for the Emancipation Bill . 504 CONTENTS 213. The Duke of Wellington on Emancipation 511 214. End of Jewish Disability 509 215. Oaths Act 510 216. Jewish Relief Act 513 217. End of the Slave Trade 515 CHAPTER XXXI PARLIAMENTARY REFORM 218. Speech on the First Reform Bill 519 219. Prorogation of the Anti-Reform Parliament .... 523 220. Passage of the First Reform Bill 527 CHAPTER XXXII CHARTISM AND CORN LAW REPEAL 221. First National Petition 531 222. Presentation of the National Petition 537 223. Suffering of the " Lower Classes " 537 224. Repeal of the Corn Law 539 CHAPTER XXXIII AUSTRALIA 225. Establishment of the Colony 542 226. First Penal Settlement 545 227. Discovery of Gold 549 228. Result of the Finding of Gold 551 CHAPTER XXXIV THE INDIAN EMPIRE 229. English at Surat and Bombay 554 230. Letter of Warren Hastings 557 231. Cession of India to the English Crown 562 232. Victoria, Empress of India 565 CHAPTER XXXV ENGLAND AND THE TRANSVAAL 233. Sand River Convention 583 234. Convention of Pretoria 571 235. Convention of London 580 BIBLIOGRAPHICAL INDEX 587 SUBJECT INDEX 603 PART I BIBLIOGRAPHY OF SOURCES CHAPTER I HISTORIANS, CATALOGUES, AND COLLECTIONS SECTION 1. THE HISTORIANS The student of history should be able to recall without effort the names of the principal historians of his chosen field. With the names should be associated in his memory the important works of those historians, and of these works the scope and value should be known. As study becomes more intensive and the field of research narrower or more thoroughly explored, his bibliography of the subject should attain a comprehensiveness that includes all available material. Bibliographies are too often mere collections of names, series of titles which form a catalogue whose value varies with the knowledge possessed as to each item. Such in- sufficiency of equipment more often results from lack of a true conception on the part of the student of his needs than from unwillingness to gain the requisite knowledge. The most extended and minute knowledge of authors and their works is incomplete is, we may say, of little worth unless it includes a valuation of the items of evidence which bibliography furnishes. This appraisement must be the work of the student himself, and by his success must be measured his understanding of history. To acquire the power of correctly gauging the weight of this or that his- torian is by no means easy; but it is not impossible. The work of critics and essayists will give views worthy of most respectful consideration; but such work is too often special pleading, and in the last instance the student must, as did the critic, investigate for himself the personality, the environ- ment, and the opportunities of the writer whose work is under examination. Until a knowledge of these is gained, even a study of original materials fails t6 reveal the mean- ing and purport of history, 3 4 SOURCE-BOOK OF ENGLISH HISTORY I BOSTON", JOHN (b. : d. 1410) : Catalogtis Scriptorum Ecclcsicc. Valuable for its account of the libraries of England in the fourteenth century. Of slight worth in accounts of individual authors. The Catalogus has been reprinted in part in No. VII. Boston is the first of the English Bibliographers. II LELAXD, JOHN (b. 1506; d. 1552) : DC Rebus Britannicis Collectanea, ed. T. Henrne. Oxford, 1715. Reprinted London, 17/0. Commcntarii dc Scriptoribus Britannicis, ed. A. Hall. Oxford, 1709. (A continuation of De Re- bus, etc.) Leland has been called "the Father of English Antiqua- ries." He was the librarian of Henry VIII., and as "King's antiquary" was commissioned to search for records and manuscripts in all cathedrals, colleges, abbeys and priors of England. He was successful in his search, and his works, of which the two principal ones are noted above, are of great value. Although Boston (No. I) antedates Leland, yet the latter's work was the first important English con- tribution to bibliographical knowledge and was the foun- dation for future publications of similar character. Ill BALE, JOHN (b. 1495; d. 1563): Illustriitm Majoris Bri- tannia: Scriptorum, hoc cst, Anglicc, Cambria: ac Scotia", Summarium. First published Ipswich, 1549. Then in several editions at London. Notably the first ed. 1559, under title Illustrium Majoris Britannia: Scriptorum Cata- logus, a Japhcto sanctissimi Noah filio ad An. Dom. 1559. Bale was educated in the Catholic faith. He became a Protestant and a most zealous partisan. His life was a stormy one, and his writings reflect the bitterness engendered by the religious controversies in which he was actively en- gaged. Despite his bias and bitterness against all writers not of his faith, his work is yet of great value because of the minuteness with which it describes Protestant writers not elsewhere mentioned. IV PITS, JOHN (b. 1560; d. 1616) : Relationum Historicarum de Rebus Anglicis, Tomus primus. Paris 1619. This work is also known as De Illustribits Anglic? Scriptoribus. This is the fourth volume of Pits' work. The first three vol- umes have never been published. The manuscript is at Verdun, in the library of the collegiate church. HISTORIANS, CATALOGUES, COLLECTIONS 5 Pits was a violent Catholic partisan. His work furnishes the antithesis to that of Bale (No. III.) It is marred by the same suppressions, exaggerations and misrepresentations in favour of the Catholics as occur in the work of Bale in behalf of the Protestants. But the book is of value for its careful and comprehensive accounts of Catholic writers and their works. V CAVE, WILLIAM (b. 1637; d. 1713): Scriptorum EC- clesiasticorum Historic, Litteraria a Christo nato usque ad Saculum XIV, First published 1688. The best edition is that of the Clarendon Press, 1740-1743. This contains many additions by Cave and a continuation by Wharton and Grey bringing the work down to 1517. The work is in the main trustworthy. (See contra, Le- clerc, in Bibliotheque universelle.) Cave was careful, ac- curate, and able to avail himself of existing sources. The volume is of especial value in its field of Church History. VI WARE, SIR JAMES (b. 1594; d. 1666): De Scriptoribus Hibernia. 1639. The first of the great bibliographies of Irish History. It is fair, but limited in scope and lacking in detail. Superseded by No. VII. VII TANNER, THOMAS (b. 1674; d. 1735): Bibliotheca Bri- tannico-Hibernica. London, 1748, ed. D. Wilkins. "On all questions connected with the early literature of our nation, Tanner's Bibliotheca, notwithstanding its many omissions, defects and redundancies, is still the highest au- thority to which the inquirer can refer." See Hardy in No. VIII. The Bibliotheca is based on original research, and yet due regard was paid to the work of Leland, Bale and Pits. For details regarding later historians consult Allibone, S. A., Critical Dictionary of English Literature, with supple- ment by J. F. Kirk ; Lee's Dictionary of National Biography, and other cyclopaedic works. SECTION 2. CATALOGUES OF SOURCES Catalogues of Sources are indispensable to the student. Their uses are varied. The student who is acquainted with the name of an author or editor turns to the catalogues for 6 SOURCE-BOOK OF ENGLISH HISTORY an enumeration of his works, their contents, and a synopsis of particulars regarding editions, times and places of publi- cation, and reviews, comments, and criticisms; or the name of the work is taken as a basis of research and the same results are obtained. Again, the investigator may desire to obtain an estimate of the critical value of a work, in a con- densed form and apart from the point of view of essays and reviews. Lastly, the student may desire to gain a knowledge of the literature upon a given subject, and this is to be found in the catalogues. I have below given references to the most useful works in this field ; but the student should supplement these and keep abreast of current literature by reference to the Annual Annotated Bibliography of English History, edited by W. D. Johnston. This has been published in both card and pamphlet form by the American Library Associa- tion. It will henceforth be found in the Annual Report of the American Historical Association. Knowledge of the valuable contributions upon present historical questions may be obtained by reference to Poole and Fletcher's Index to Periodical Literature, and also to the Cumulative Index. The student, however, must not rest content with these sources of information. They will serve for the preparation of the skeleton bibliography, the construction of which should always precede serious historical investigation; but this framework must be clothed from the references to be found in footnotes and bibliographical lists attached to works upon his chosen field. Information thus obtained is more directly referred to its proper place, and assigned its exact value and application, than is possible in any general catalogue. VIII HARDY, THOMAS DUFFUS: A Descriptive Catalogue of Manuscripts relating to the History of Great Britain and Ireland. Published 1862-1891 in the Rolls Series (No. XXXI) in 3 volumes. Vol. I (2 pts.), 1066; Vol. II, 1066-1200; Vol. Ill, 1200-1327. Vol. I, pt. 2, con- tains a catalogue of printed source material up to date of publication. This catalogue is of the greatest value. It furnishes in concise form a mass of indispensable data. It is, and must for years 'remain, the basis of bibliographical study in early English, history. A supplement to Vol. I, Part 2, is needed, . . but the student jean without difficulty supply the break from 1862 to this present date. HISTORIANS, CATALOGUES, COLLECTIONS 7 IX WATT'S BIBLIOTHECA BRITANNICA: A General In- dex to British and Foreign Literature, ed. R. Watt. Edin- burgh, 1824. This catalogue is a mine of information. It is indexed by authors and subjects. X LOWNDES, WILLIAM THOMAS (b. 1800; d. 1843): The Bibliographer's Manual of English Literature, ed. H. G. Bohn. London, 1864. This series (n vols. I2mo) is of great value. Its scope is indicated by the sub-title: "An Account of rare, curious, and useful books, published in or relating to Great Britain and Ireland, from the invention of printing; with biograph- ical and critical notices, collations of the rarer articles and the prices at which they have been sold in the present cen- tury." The appendix volume is especially useful ; it contains "An Account of books issued by literary and scientific so- cieties and printing clubs ; books printed at private presses ; privately printed series; and the principal literary and scien- tific serials." XI THE ENGLISH CATALOGUE of Books published from 1835 to January 1863. Comprising the Contents of the London and the British Catalogues, etc., etc. London, 1864. This series has been continued to date. Although it leaves much to be desired, it is invaluable. Its appendix continues the work of Lowndes (No. X) in cataloguing publications of learned societies. It thus bridges the gap between Lowndes and the Official Year Book of the Scientific and Learned Societies, which was begun in 1884. The scope of this series is shown by the sub-title of its continuations : "An Alphabetical List of Works published in the United Kingdom and of the Principal Works published in America. With dates of Publication, Indications of Size, Price, Edi- tions and Publishers' names." For earlier record of printed books see the catalogues -of Maunsell (1595) A Catalogue of certaine books (1631), London (1658), Clavell (1666- 1695), Bent's General Catalogue (1786), London Catalogue (1811-1855) continued by No. XI. See also The American Catalogue. XII GROSS, CHARLES: Bibliography of British Municipal History, including Gilds and Parliamentary Representa- tion. Published in Harvard Historical Studies, 1897. 8 SOURCE-BOOK OF ENGLISH HISTORY Sources and Literature of English History from the Earliest Times to about 1485. New York, 1900. The most modern, the most illuminating, and withal the most satisfactory works within their chosen fields. In addition to the class of works included above, there are a number of most helpful volumes upon modern historians. These do not pretend to be as scientific in treatment or as inclusive in scope as those numbered from I to XII and yet should be within access of students. Among them I would enumerate : XIII ADAMS, C. K. : Manual of Historical Literature. New York, 1888. This work comprises "brief descriptions of the most im- portant histories." It is a helpful work, and from it may be obtained impartial and accurate estimates of historical values. The Manual was first published in 1882. No thorough re- vision has been made. The revision of 1888 was not a com- plete one. A new edition of this valuable book is needed. XIV SONNENSCHEIN, W. S.: Best Books. A Reader's Guide to the choice of the Best Available Books in every depart- ment of Science, Art, and Literature (about 50,000 titles) doum to 1800, with prices and numerous notes. London, 1889. Also, by same editor, A Reader's Guide to Con- temporary Literature being the first supplement to Best Books. London, 1894. These volumes are of the greatest value. They are not only useful for historical purposes, but furnish a wealth of bibliographical information upon the multitude of questions arising in the study of history. Such knowledge is in- dispensable to the thorough student. The student should know Brunet, J. C. : Manuel du Librairc, Paris; also Ebert, F. A.: Allgcmcines bibliographischcs Lexikon, Leipzig. 1821-30. The student will find much biographical information in a book whose title would seem to limit it to a particular library, but whose application is not so confined. It is Hand-list of Bibliographies, classified Catalogues and In- dexes placed in the Reading Room of the British Museum for Reference. See also Richard Sims' Hand-Book to the library of the British Museum. HISTORIANS, CATALOGUES, COLLECTIONS SECTION 3 GREAT COLLECTIONS OF MATERIALS The manuscript sources of English history for the periods after the Norman Conquest are abundant and valuable. Through the labours of scores of scholars, working, not for gain, but for the advancement of historical science, the student has at his disposal critical editions of a large part of the most important sources. These texts have been prepared with an erudition and exhaustiveness that is unsurpassed, perhaps unequalled, in like critical work. The texts have in many cases been issued in collections and series, and it is my purpose in this section to give a general statement of the characters of the most important, and to indicate where, de- tailed information concerning them can be found. The edited texts and single translations are enumerated in sec- tions 4 to 10 inclusive. Certain students may shrink from an examination of untranslated sources; and I think it in place to encourage them by the statement that the most ele- mentary knowledge of Latin can because of the simplicity of style, the limitations of vocabulary, and the copious notes and special glossaries of the edited texts easily master the materials which are not in English. XV ABBOTSFORD CLUB PUBLICATIONS. This club was instituted at Edinburgh, 1835. Its purpose is the publication of miscellaneous works, illustrative of history, literature and antiquities. Its field of work is Scot- land. For list of publications, see Nos. VIII and X and so- cieties' catalogues. These latter should be consulted in look- ing up every reference herein given to publications of learned societies; also No. XI (appendix) and the Official Year Book for work of existing societies. XVI ACTA SANCTORUM: quotquot toto orbe coluntur, vel a catholicis scriptoribus celebrantur, ex Latinis et Greeds; aliarumque gentium antiquis monumentis collecta, digesta, notisque illustrata ab J. Bollando et al. Antwerp, 1643- 1794- This gigantic work is a mine of information upon the lives of the saints, but it is chiefly valuable to the secular historian for the light thrown upon the times of the charac- ters described. For catalogue of British saints discussed in No. XVI, see No. VIII under title Ada Sanctorum. io SOURCE-BOOK OF ENGLISH HISTORY XVII .ELFRIC SOCIETY PUBLICATIONS. This society was instituted in London, 1843, for the pur- pose of publishing Anglo-Saxon and other literary monu- ments, both civil and ecclesiastical, tending to illustrate the early state of England. See Nos. VIII and X. XVIII ANGLIA SACRA: sire collcctio Historiarum, partim anti- quitns, partim rcccntcr scriptarum, de Archiepiscopis ct Episcopis Anglicr, a prima Fidci Christiana; susccptionc ad annum MDXL, ed. H. Wharton. London, 1691. For the contents of this set, whose scope is explained by its title, see No. VIII. XIX ARCFLEOLOGIA. Published by the Society of Anti- quaries. The society probably developed from a society which was founded in 1572. Its publications are valuable and chiefly relate to the early and middle period of English history. The catalogue of this series will be found in No. VIII. This series must not be confounded with the publications of the scores of Archaeological Societies that exist in Great Britain. Many of these series are of great value. See No. X. XX BALUZE, S. : Miscellanea, novo ordine digesta ct non pau- cis incditis monumentis opportiinisqtie animadversionibns aiicta, opera ac studio Joannis Dominici Mansi, Lncensis. Lucae, 1761. Contains various documents not elsewhere so readily ac- cessible. Has been superseded by later works for which see No. VIII. XXI BANNATYNE CLUB PUBLICATIONS. This club was organized at Edinburgh, 1823, with the object of printing rare works illustrative of Scottish history, topography, etc. Club was dissolved, 1861. Its publications are of value. For catalogue, see Nos. VIII and X. XXII BOUQUET: Recueil des Historiens des Gaules et de la France, ed. M. Bouquet. Paris, 1738-1855. HISTORIANS, CATALOGUES, COLLECTIONS 11 The record of early Gaul and France and England as traced by contemporary and early historians. Valuable for texts of chronicles and histories by English and Norman authors. For contents relating to England, see No. VIII. This series is sometimes cited as Rerum Gallicarum et Fran- cicarum Scriptores. XXIII BRITISH RECORD SOCIETY PUBLICATIONS. This society was founded, in 1898, for the purpose of fur- nishing such information as well as rendering the records more accessible. Publications of value. See note to No. XV. XXIV CALENDARS OF STATE PAPERS. The State Papers spring from three great and original sources ; namely, the offices of the Secretaries of State for the Foreign, the Colonial, and the Home Departments. In the State Paper office they are classified under their several denominations, those emanating from the Home Depart- ment being technically called the Domestic Papers. The multitude of State Papers presents a vast field of valuable material. The student, to whom the papers were accessible, would without a guide be lost in their mazes. Such a guide is to be found in the valuable Calendars of State Pa- pers. These catalogue the documents and abstract their con- tents with a completeness that relieves the ordinary student from the task of examining the manuscripts themselves. The calendars commence with the reign of Henry VIII. They extend, though in broken sequence, to the close of the eighteenth century. XXV CAMDEN: Anglica, Hibernica, Normannica, Cambrica, a veteribus scripta, etc. etc., ed. W. Camden. 1602. This set, as also No. XVIII, has been in part superseded by No. XXXI ; but it is still of great value to those to whom No. XXXI is not accessible. For contents of No. XIX, see No. VIII. XXVI CAMDEN SOCIETY PUBLICATIONS. This society was instituted in London, 1838, for the pur- pose of perpetuating and rendering accessible "whatever is valuable, but at present little known, amongst the materials for the civil, ecclesiastical or literary history of the United Kingdom." The work of this society is of great value. Its scope has, since the projection of the Rolls Series (No. 12 SOURCE-BOOK Ol>' ENGLISH HISTORY XXXI), been devoted to the materials of the i6th, i/th and i8th centuries. Its publications contain a mass of informa- tion not elsewhere accessible. See lists of the society's publi- cations and Descriptive Catalogue of the First series (1838 to 1870) ed. J. G. Nichols, Nos. VIII and X. Do not catalogue the series beyond 1862-64. See XIV, Supplement, and Official Year Book. Also No. XL XXVII CANISIUS: Thesaurus Monnmcntornm Ecclcsiasticorum ct Historiconim, siz'c Hcnrici Canisii Lcctioncs Antiqufc, ad Sfcculorum Ordincm digests, variisquc opusculis auctcc, quibus Prccfationcs Historicas, Animadvcrsioncs criticas, ct Notas in singiilos auctorcs, adjccit Jacobus Basnagc; cum Indicibus locuplctissimis. Antucrpicc, apud Rudol- phum ct Gcrhardum Wctstcnios. 1725. This work in the above, or in the Ingoldstat edition of 1601-1604, ' s of value where more modern texts are inacces- sible ; it has, however, been superseded by them. For con- tents, see No. VIII. XXVIII CAXTON SOCIETY PUBLICATIONS. This society was instituted in London, 1845, for the pur- pose of publishing the chronicles and literature of the Middle Ages. Its publications have not equaled those of No. XXIII in critical value, but they are useful and in the main accurate. For contents, see No. VIII and note to No. XV. XXIX CHETHAM SOCIETY PUBLICATIONS This society was instituted at Manchester, 1843, for the purpose of publishing the historical and literary remains connected with the Palatine Counties of Lancaster and Chester. In its chosen field the publications of the society possess unique value. For contents, see No. VIII and note to No. XV. XXX COBBETT, WILLIAM: The Parliamentary History of England from the earliest period to the year 1803. This work supersedes (a) Parliamentary or Constitutional History ... by several hands. London, 1751-61, as well as all previous collections dealing with proceedings on Parlia- ment. Yet where Cobbett's work is inaccessible the early collections are of great importance. Of these the student should in any case be familiar with (>) D'Ewes' Journals HISTORIANS, CATALOGUES, COLLECTIONS 13 of the Parliaments of Queen Elisabeth, (c) Chandler and Timberland's Debates, (d) Grey's Debates of the House of Commons from 1667 to 1694. (e) Almons' Debates, (f) Debrett's Debates, (f) Parry's The Parliaments and Coun- cils of England. See for other early debates No. X. The work of Cobbett is continued by No. XLII. XXXI CHRONICLES AND MEMORIALS: Chronicles and Memorials of Great Britain and Ireland during the Middle Ages. This collection is usually cited as the ROLLS SERIES. It is of the highest value. Its contents see VIII and Lists of series - are of such scholarly rank as to possess the highest authority, and the texts therein contained supersede all previous editions. The scope of the series extends from the invasion of the Romans to the end of the reign of Henry VII. The texts have been edited after the following plan : Texts not to be mutilated or abridged, accepted text to be formed from collation of most authentic manuscripts. Accompanying the texts are valuable introductions, in which may be found an account of the manuscripts, their peculiari- ties, account of the life and times of the author, as well as remarks explaining the chronology. XXXII COLGANUS, J. : Acta Sanctorum Hibernia, per Joannem Colganum edit a. Lovania, 1645-47. Of considerable interest in its field. For contents, see No. VIIL XXXIII COLLECTANyE ADAMANT/EA This small series, begun by E. Goldsmith, Edinburgh, in 1884, reproduces a number of rare texts; they are in most cases translated as well as edited. XXXIV COUNCILS AND ECCLESIASTICAL DOCUMENTS Under this head seven series are included because of their especial importance. (A) CARD WELL, E. : Documentary Annals of the Reformed Church of England, being a Collection of In- junctions, Declarations, Orders, Articles of Inquiry, etc. etc., from 1546 to 1716. Oxford, 1839. See also Sparrow's Collection. London, 1661, and later editions. 1 4 SOURCE-BOOK OF ENGLISH HISTORY. (B) CARDWELL, E. : Synodalia, a Collection of Ar- ticles of Religion, Canons and Proceedings of Convoca- tions in the Province of Canterbury from 7547 to 7777, with notes historical and explanatory. Oxford, 1842. Invaluable for history of convocations. (BB) GIBSON'S CODEX: Codex Juris Ecclesiastici Anglicani, or the Statutes, Constitutions, Canons, Ru- bricks and Articles of the Church of England, etc., etc., etc. Ed. E. Gibson. London, 1703. A valuable work. (C) HADDAN, A. W., AND STUBBS, W.: Councils and Ecclesiastical Documents relating to Great Britain and Ireland. Oxford, 1869 et seq. This series is most valuable within its scope, which ends 870, for the British Church. With 1295 for the Welsh and 1072 for the Cornish. (>) JOHNSON, J.: A Collection of the Laws and Canons of the Church of England from its first Foundation to 1519. Translated into English with explanatory notes. London, 1720. Oxford, 1850. Though not entirely satisfactory, this series bridges the gap between XXXIV (C) and XXXIV (A) and (B). Con- tains Lynwood's notes. (E) LYNWOOD, W. : Provincialc sen Constitutions Anglicc, continens Constitutions Provinciates XIV archi- cpiscoporum Cantuaricnsium, viz. a Stephana Langtono ad Henricum Chichlc'ium. Oxford, 1470-80. Best edition, cui adiicuntur constitutioncs Legating Dom. Othonis et Othotonis [John of Actona's Gloss]. Oxford, 1679. Only complete view of Ecclesiastical Jurisprudence before the Reformation in England. (F) SPELMAN, H. : Concilia, Decreta, Leges, Consti- tutioncs, in re Ecclcsiarum Orbis Britannici ab initio Christiana ibidem Religionis ad nostram usque cetatam. 1st vol. London, 1669. lid vol. ed. C. Spelman, London, 1664. The scope of this work extends to 1530. It is not only valuable in itself, but should be used in conjunction with th translated documents in XXXIV A, B, D. HISTORIANS, CATALOGUES, COLLECTIONS 15 (G) WILKINS, D. : Concilia magnce Britannia et Hi- bernice. Accedunt constitutions et alia. London, 1737. Still valuable. (H) JAFFE, P.: Regesta Pontificum Romanorum. Leipzig, 1885. Papal Letters from 64-1198. (/) POTTHAST, A. : Regesta Pontificum Romanorum. Berlin, 1873-75. Papal Letters from 1198-1304. XXXV D'ARCHERY, D. L. : Spicilegium sive Collectio veterum aliquot Scriptorum qui in Gallia Bibliothecis delituerant, etc., etc. Paris, 1723. Of interest because of the rare letters it contains. For contents, see No. VIII. This manuscript is supplemented by Vetera Analecta; see No. VIII for title and contents. XXXVI DUGDALES MONASTICON: Monasticon Anglicanum, William Dugdale, ed. Caley, Bandinel and Ellis. London, 1817-1830. This work is indispensable to a study of the ecclesiastical history of England and Wales. It covers the period from the institution to the dissolution of the monasteries. See note to No. XV. XXXVII EARLY ENGLISH TEXT SOCIETY PUBLICATIONS. This society was founded, in 1864, for the purpose of edit- ing and reprinting the texts of early English writers. The publications of the society are useful. See note to No. XV. XXXVIII ENGLISH HISTORICAL SOCIETY PUBLICATIONS. This society was instituted in 1837 for the purpose of publishing the results of bibliographical and chronological investigations. Before its dissolution the society issued several texts, which are valuable when other editions are un- procurable. For contents, see No. X and note to No. XV. 16 SOURCE-BOOK OF ENGLISH HISTORY XXXIX EXCERPTA HISTORICA; or Illustrations of Engi.s'.. History, ed. S. Bentley. London, 1831. Contains a variety of interesting documents which, though of secondary importance, are of value as illustrating phases of history. For contents, see No. VIII. XL FASTI ECCLESI/E ANGLICAN/E; or, a Calendar of the Principal Dignitaries in England and Wales, and of the chief Officers in the University of Oxford and Cam- bridge from the eariest times to the year 171$, ed. John Le Neve. Ed. and cont. by T. D. Hardy. Oxford, 1854. An indispensable work of reference in its field. See also Fasti Ecclcsicc Hibcrnicc, ed. Cotton. London, 1858. XLI HAKLUYT SOCIETY PUBLICATIONS. This society was organized in London, 1846, for the pur- pose of publishing rare and valuable voyages, travels and geographical records. Its purpose has been well carried out. Its publications are of the highest value and should be known to every student. See Nos. VIII, X and note to No. XV. XLII HANSARD, T. C. : Parliamentary Debates, from the year 1803 to the present time: forming a continuation of the work entitled "The Parliamentary history of England from the earliest period to the year 1803" [No. XXX]. London, 1812-20. New Series, London, 1820-30. Third Series, London, 1831-91. Fourth Series, London, 1892-96. Fifth Series, now in course of publication. This series, and that numbered XXX, are invaluable. Parliamentary history can best be followed in their volumes. See also No. XLVII. XLIII HARLEIAN MISCELLANY: a collection of scarce, cu- rious and entertaining tracts, ed. Oldys and Park. London, 1808. These volumes contain a mass of material of varying value yet of uniform interest. The student will find much that will be helpful. These volumes should not be confounded with those issued by the Harlcian Society, which was in- stituted for the publication of inedited manuscripts relating to genealogy, family history and heraldry. HISTORIANS, CATALOGUES, COLLECTIONS 17 XLIV HENRY BRADSHAW SOCIETY PUBLICATIONS. This society was founded, in 1890, for the purpose of printing and editing rare liturgical texts. Its work is im- portant. See note to No. XV. XLV IMPERIAL INSTITUTE OF THE UNITED KINGDOM, THE COLONIES AND INDIA PUBLICATIONS. This society was founded, in 1887, for the purpose of col- lecting and publishing, both by lectures and books, informa- tion regarding the Empire. The work of the society is valu- able for contemporaneous record and future possibilities. See note to No. XV. XLVI IRISH HISTORICAL SOCIETIES. The work of the numerous societies is of value, and the student should consult No. X for the publications of the Iberno-Celtic Society (bibliographical), the Irish Archae- ological, and the Irish Archaeological and Celtic Societies, both devoted to the publication of materials for the study of Irish History. See also No. LVI and note to No. XV. XLVII JOURNALS: (a) House of Commons; (&) House of Lords. (a) Journals of the House of Commons. London. (&) Journals of the House of Lords. London. These extremely valuable series extend from 1547 to date. They are indexed and in some instances calendared ; for de- tails, see No. IX. They should be consulted in connection with Nos. XXX and XLII. XL VIII LAWS AND STATUTES. (A} Anglo-Saxon Period. See No. XCL (B) Norman Period. In addition to volumes numbered CIV, CV, and CVI, see The Sources of the Law of Eng- land, by H. Brunner, trans. W. Hastie. Edinburgh, 1888. (C) From 1215. (a) Statutes of the Realm, ed. A. Luders, T. E. Tomlins and others. London, 1810-22. Statutes from 1215 to 1713. Preceded by several earlier charters. Contains valuable introduction on le- gal bibliography. i8 SOURCE-BOOK OP ENGLISH HISTORY (b) Statutes at Large from Magna Charta, ed. O. Ruffhead and others. London, 1763-1800. From 1215 to 1800. (c) Statutes at Large of the United Kingdom of Great Britain and Ireland, ed. T. E. Tomlins and others. London, 1804-69. From 1801-1869. (d) Public General Statutes. From 1830-1887. (e) Public General Acts. Published by Authority. 1888 and following. From these editions may he studied the sequence of legis- lation and the detail of acts from the earliest records to the present annual publications. In addition to the series men- tioned there are series of Revised Statutes published by authority. These are not as valuable for historical research, as they do not contain obsolete statutes. Abridgments and other private editions of the laws are of even less value from the historical standpoint. The series named are well in- dexed and see for this Gross. Bibliography of Municipal History, No. IX as well as works therein mentioned on page 13 et seq. The student should make himself familiar with the prin- cipal series of reports and also with accounts of trials in the various courts. XLIX LETTERS. Various important collections of letters have been made. See the titles in chapter II, also No. VIII. L MABILLON: Ada Sanctorum Ordinis Sancti Bcnedicti in Sccculorum Classes distribute . . . Paris, 1688-1701. Venice (reprint), 1733. This work is of value. VIII does not give full list of the lives of the British saints in L, but the exclusion is judicious, as all lives not based upon manuscript sources are excluded. LI MAITLAND CLUB PUBLICATIONS. This club was instituted at Glasgow in 1828 for the pur- pose of printing works illustrative of the antiquities, liter- ature and history of Scotland. See Nos. VIII, X and so- cieties catalogues. See also Wodrow Society Publications catalogue in No. X and No. VIII. HISTORIANS, CATALOGUES, COLLECTIONS IQ LII MANX SOCIETY PUBLICATIONS. This society was instituted at Douglas, Isle of Man, in 1858, for the purpose of publishing materials for the history of Soder and Man. The publications afford valuable light in an obscure field. LIII MESSINGHAM, THOMAS: Florilegium Insulcc Sancto- rum sett Vitas et Acta Sanctorum Hibcrnia:. For contents, see VIII. For additional lives of the saints and from such writings much of the detail of early his- tory may be obtained see Capgrave's Nova Lcgcnda Anglia- (see No. VIII, p. 736 and note). See Pinkerton's Vita; Antiques Sanctorum Scotice (contents stated in No. VIII). LIV MIGNE, L'ABBE: Patriologicc Cursus Completus. Paris, 1844-1855. Part of this set exists in a French translation. This monumental series contains well edited texts of the works of the early English writers, and also valuable cor- respondence. See No. VIII for contents. LV MONUMENTA HISTORICA BRITANNICA, or Materials for the History of Britain, ed. H. Petrie and J. Sharpe. London, 1848. A valuable work. Of particular interest because of the material bearing upon earliest British history. LVI OSSIANIC SOCIETY PUBLICATIONS. This society was instituted at Dublin, 1853, for the purpose of preserving and of publishing manuscripts in the Irish language illustrative of the Fenian period of Irish history . . . with literal translations and notes. The publications are of great interest. See No. X. See also No. XLVI and note to No. XV. LVII PARKER SOCIETY PUBLICATIONS. This society was instituted at Cambridge, 1840, for the purpose of reprinting without abridgment, alteration, and omission, of the best works of the Fathers and early writers of the Reformed English Church, published in the period between the accession of King Edward VI. and the death of Queen Elizabeth. See Nos. VIII, X, and note to No. XV. 20 SOURCE-BOOK OF ENGLISH HISTORY LVIII PARLIAMENTARY WRITS and writs of military sum- mons . . . relating to the suit and service due and performed to the King's Jiigh court of Parliament and the councils of the realm, or affording evidence of attendence given at Parliaments and councils, ed. F. Palgrave. No. XXXI. London, 1827-1834. Of this work Professor Gross well says: "The most elabo- rate source for the study of parliamentary history in the reigns of Edward I. and Edward II." See also W. Prynne's A brief register, kalcnder. and survey of the several kinds [and] forms of all parliamentary wits. London, 1659-64. Examples extend to 1483. In connection with Parliamentary Writs, see Parliamentary Papers, 1878, vol. Ixii, parts i-iii. London, 1878. for a Return of the name of every member of the lower house of the Parliaments of England, Scotland, and Ireland, with name of constituency represented, and date of return, from 1213 to 1874. Also Parliamentary Papers, 1890-91, vol. Ixii, London, 1891, which contains the foregoing to 1885. See also the critical examination of above compila- tions by W. W. Bean in the Parliamentary Returns . . . London, 1883. LIX PIPE ROLL SOCIETY PUBLICATIONS. This society was instituted in London, in 1883, for the purpose of publishing the Great Rolls of the Exchequer, commonly called the Pipe Rolls, and other documents prior to the year A.D. 1200. The rolls begin in 2 Hen. II., and ex- tend with but two breaks (i Hen. III. and 7 Hen. IV. this break is filled by other records ) to 1833. The Rolls are of great value. One not in sequence, that of 31 Hen. I., is the oldest national document, except Doomsday book, now in existence. The student should make himself familiar with the Charter, Close, Hundred, Patent, Plea, and other Rolls. See Nos. VIII and X (p. 22 et seq.), and note to No. XV. LX RECORD COMMISSION PUBLICATIONS. Under the term "Records" Messrs. Gardiner and Mul- linger, in their exceedingly valuable little text-book English History for Students, include "(O Inrolmcnts which are intended to be official and authentic records of lawful acts made by the proper officer of any court upon rolls, or, in some case, in official entry-books of the same court; (2) Memorandum of acts or instruments brought into the proper office of any court by parties interested therein (or by their agents) either in the form of rolls or otherwise, and pre- HISTORIANS, CATALOGUES, COLLECTIONS 21 served in bundles or on files; (3) Books of entries, contain- ing memorandum of acts, etc., entered by officers of the court; (4) State papers, which form a distinct branch of the records." The publications of the Commission include The Corre- spondence of Henry VIIL (abstracted in No. XXII), The Statutes of the Realm (No. XLVIII, C, a), The Doomsday Book (No. XCI, D), Ancient Laws and Institutes (No. XCI, A), and various other important publications, notably indexes, catalogues, and transcripts. See Record Com- mission Catalogue (Macmillan & Co. will send on request). See Handbook to the Public Records, ed. F. S. Thomas, Lond. 1853, and Guide to Principal Classes of Documents preserved in Public Record office, ed. R. S. Bird. (ROLLS SERIES. See No. XXX.) LXI ROYAL HISTORICAL SOCIETY PUBLICATIONS. This society was founded in London, in 1868. Its publi- cations are varied in subject and of unequal value. They furnish, however, much information of importance that is not elsewhere obtainable. Consult the publications of the Royal Society (not to be confounded with No. LXI) for history of the progress of science. See note to No. XV. LXII SCOTTISH HISTORY SOCIETY PUBLICATIONS. This society was instituted, in 1886, at Edinburgh for the purpose of discovering and printing, under selected editor- ship, unpublished documents illustrative of the civil, religious, and social history of Scotland. Its publications are valuable. See note to No. XV. LXIII SCRIPTORES The items under this head are numerous. In the various series may be found, with scant exceptions, all the texts of the writers of the pre-printing epoch in English history. The student should be informed as to the contents of the various series and their critical value. See No. VIIL The names of the principal sets are here given. (a) Scriptores post Bedam, ed. Savile. London, 1596. Frankfort, 1601. (&) Scriptores Dec em, Histories Anglicance, ed. Twys- den. London, 1652. 22 SOURCE-BOOK OF ENGLISH HISTORY (c) Scriptorcs Rcrum Anglicarum, ed. Fulman. Ox- ford, 1684. ( Letters of the Kings of England The king to the sheriff of Kent, greeting. Whereas we are more fully informed, and it is notoriously and openly dis- covered, that very many our subjects of our kingdom of Eng- land, vulgarly called Lollards, have, by the agency, instiga- tion, encouragement, abetting, and upholding of John Old- castle, knight, who hath lately stood condemned of heresy, and is declared and pronounced a manifest heretic, according to the canonical decrees published on that behalf, have preached and caused to be preached divers opinions mani- festly contrary to the Catholic faith ; and have falsely and traitorously, contrary to their due allegiance, contemplated our death, because that we do take part against them and such their opinions, even as a true Christian prince, and as we are bound by the chain of our oath ; and, whereas they have formed many other designs to the destruction as well of the Catholic faith as of the estate of the lords and nobles of our kingdom, as well spiritual as temporal ; and they have purposed to hold various meetings and other unlawful cabals, with a view to perpetrate their abominable project in this behalf, and desist not from daily plotting (as far as in them lies) to the probable destruction of our own person, and of the estates of the lords and nobles aforesaid ; we, considering in what manner certain such Lollards and others, who imag- ined and designed our death and the other mischiefs and misdeeds aforesaid, have been taken for the before-named reason, and stand adjudged to death for this abominable act and purpose; and wishing to order and provide, in the best 220 SOURCE-BOOK OF ENGLISH HISTORY and most quiet manner possible, for the avoiding of the effusion of Christian blood, and especially that of our lieges whom, on account of our tender and special regard towards them, we desire, with our whole heart's intent, to preserve from the shedding of blood and corporal punishment. We command you, and positively enjoin, that in each place in your bailiwick, where you shall find it best, you cause to be proclaimed publicly on our behalf, that they, by whose agency, incitement, counsel, or information, the said John shall be taken or arrested, shall receive five hundred marks ; . and he that shall take or cause to be arrested the same John, one thousand marks, of our free gift, for his labour and his pains in this behalf, and that the citizens, burgesses, and corporations of the cities, boroughs, and other towns, who shall take and arrest the same John, and shall cause him to be brought before us, shall be quit and wholly exonerated for ever from all taxes, tallages, tenths, fifteenths, and other contributions whatever, to us and our heirs hereafter pay- able, and that we will cause accordingly to bo made to them our letters patent under our great seal ; and that in doing their own concerns, and in any lawful and honourable trans- actions whatever to be done towards ourself, they shall find and have ourself more than usually gracious. Witness the King, at Westminster, the nth day of Jan- uary, 1414. (Letters of the Kings of England, ed. cit., I, p. 74.) 102. King Henry VI. to the Abbot of St. Edmondsbury and to the Aldermen and Bailiffs of the Town, for the Suppression of the Lollards By the king, Trusty and well-beloved, the malicious intent and purpose of God's traitors and ours, heretics in this our realm, com- monly called Lollards, the which now lately setting up of seditious bills, and otherwise traitorously exhorted, stirred and moved the people of our land to assemble, gather, and arise against God's peace and ours, is not unknown to you nor to no man endued with reason, foresight, or discretion: the which, howbeit that they of high subtlety, fraud, and fellness, feign, pretend, and write such thing as they trow to blind with you that be simple, and to draw by their arts and affections to them and their intent, intending never- theless and purposing without any doubt the subversion of the Christian faith, and belief of us also and of all estates, LOLLARD Y 221 and gentlemen, and generally of all true Christian men and women that will not follow them, and assist them in their damnable errors, intent and purpose, and would destroy all political rule and government, spiritual and temporal ; and considering that they, against God's law and man's, stir our people without our commandment or authority to assemble and arise, and therewith purpose and would take upon them and usurp as well our royal power and authority as the Church's, and use correction and government in no wise be- longing unto them that ought to be governed, and not so to govern; the which stirring and usurpation of our royal power, by the law of this our land, is treason, each reason- able man may well feel that in eschewing of chastising, and aspire reddome [violence] to the contemner of our laws, they so doing would never by their wills come to reckoning there- of, but dispose them to be out of subjection, obedience, or awe of us, and of our law ; and, as God knoweth, never would they be subject to his, nor to man's, but would be loose and free, to rob, reve, and despoil, slay and destroy all men of estate, thrift, and worship, as they purposed to have done in our fadre's days, and of lad and lurdains [clowns] would make lords, and generally would use, do, and fulfil all their lusts and wills that God forbade: and howbeit, that by the grace of our Lord, and the great and notable diligence of our bel [good] uncle of Gloucester, our lieutenant, and of other com- missioners and judges in sundry places, lawful execution may be done upon divers of the said God's traitors and ours ; the which, if reason ought to have been unto them and their accomplices extreme confusion and rebuke ; nevertheless, it is credibly from day to day reported unto our said lieutenant and council here, in divers ways, that the wicked and ma- licious purpose of the said traitors ceaseth not, but con- tinueth and abideth : wherefore, howbeit, that we wrote late ago unto you, that be now true unto God and us, to the intent that followeth: nevertheless, forasmuch as we know not when our said letters came unto you, praying you heartily and also charging you on the faith, truth, and allegiance that ye owe to God and to us, that with all diligence and without delay or tarrying, ye ordain and array you and yours, and stir other such as will accompany you to be ready to assemble, with other of our true liege men to do the same, and withstand mightily, chastise, and subdue the damnable malice and enterprise of God's said traitors and ours, the which ye and all our true liege men have great 222 SOURCE-BOOK OF ENGLISH HISTORY cause and matter to have in great await. And, in especial, we will and charge you that ye inquire, consider, and take good heed from time to time, which of the inhabitants in the country about who have now of late time absented them, or absent them hereafter, otherwise than their occupation or craft axeth ; and also, of strange and unknown comers, such as any matter of ill suspicion may reasonably be felt in, and that ye arrest, search, and examine them in the straightest wise, whence they come, and where they have been, and of all the days, times, and places of their absence ; and also, if sowers of seditions, slanderous or troublous language, or tales. Over this, not suffering privy gather- ings, or conventicles to be had or made by night or by day thereabout, you having alway your recourse and resort, when- soever you think that need is for your succour, your help, and comfort to our said lieutenant and council, whom ye shall find ever well-willed and disposed to purvey that that may be to your surety, and comfort and ease ; and fail not in due and diligent execution of these things aforesaid, as ye desire our prosperity and yours and welfare. Given under our privy seal at Westminster, the sixth day of July. To our trusty and well-beloved the Aldermen and Bailiffs of our town of Bury. {Letters of the Kings of England, ed. cited, i, 115.) 103. Mandate for the Burning of a Heretic (H3S) Letters of the Kings of England There exists a misconception regarding the executions of heretics under English law. It is not infrequently supposed that the death penalty for heresy was peculiar to the reign of Mary. (Nos. 131, 132.) The selection given will therefore be as sug- gestive as No. 141, which follows in the chapter devoted to the reign of Elizabeth. The king to the sheriffs of London, etc., Whereas the venerable Father Robert, bishop of London, by the assent and consent of reverend men of great discern- ment and wisdom, as well doctors of divinity as others, doctors of the canon and civil law, who were aiding to him in the process of justice required in this behalf, and which hath been observed in all points, hath pronounced John Bis- mire, otherwise called John Chandyrer, of the Parish of Saint Mary-at-Axe, in the city of London, who hath fallen back into the heresy which he held and abjured a heretic relapsed by his definite sentence, according to laws and LOLLARDY 223 canonical decrees set forth in this matter, even as appeareth to us by the letter of the foresaid bishop ; and as Holy Mother Church hath not any more that she can do in the preceding case . . . We, therefore, zealous for justice, and revering the catholic faith, and willing to uphold and defend Holy Church, the rights and liberties of the same, to pluck out by the roots heresies and errors out of our kingdom of England, as far as in us lieth, and to punish with condign punishment heretics so convicted; and considering that such heretics, convicted in the form aforesaid, according to law, divine and human, and the canons and institutes in this behalf, ought, as a matter of course, to be burned with the burning of fire. To you we command, with all strictness possible, and positively enjoin, that the aforesaid John, now being in your custody, you cause to be committed to flames in some public and open place, within the liberty of the city foresaid, having made public the reason before stated, in presence of the people; and him to be burned in the same fiie in very deed, by way of abomination of a crime of this kind, and as an open example to others, his neighbours: and this at your instant peril by no means omit ye. Witness the king, the I4th day of May, the sixteenth year of his reign. (Letters of the Kings of England, ed. cited, I, 119.) PART V THE TUDOR PERIOD (1485-1603) s CHAPTER XIV THE DIVORCE QUESTION 104. Henry's Attempts to secure the Aid of the Church ('53) Original Letters The following letter from the emissary of the king to the Italian universities shows the method on which Henry proceeded in his efforts to obtain the sanction of the Church to his divorce from Katherine. Richard Croke to Henry VIII., on the prevarication of certain Friars of the University of Padua, who had taken his Majesty's money to give their subscription as disallow- ing his marriage with Queen Katharine, but now are for it. (Ms. Harl. 416, fol. 21 Orig.) Please yt yowr Highnes to be aduertysed that syns the xxviij day of Auguste I delyuered vnto friar Thomas xxiij crouynes ; syns the whyche tyme he hathe got yowr Highnes but vij subscriptions; the whiche I sent by Harwel the xix of Octobre. And of them, too only excepte, there ys not on worthy thanke. I have and do often cal vpon hym, but he answerithe me that there ys no mo doctors to be goten: the contrary whereoff I knowye to be trew. And whan I de- mande off hym for the declaration off my accompts som remembrance off his hande for xlvij crouynes whyche I have paide hym, he answerythe that at th'end off the cause he wyl other make me a byl, or delyver me th'ole money ayene. And hys cause why he wol make me no byl, ys, as he saithe, feare leste hys byl myght be shewed to yowr Highnes aduersaryes. Off the whyche pretendyd feare I so moche the more douzt, by cause I have taken hym twysse styffelye reasonying upon the Queenys parte ayenste yowr Highnes conclusion with a friar of Florence, whom afore thys day he alwayes assuryed me to be off yowr Highnes opinion. Albeyt now he saithe the said friar ys departyd, beynge utter enymye to the same. And in communication, 2*7 228 SOURCE-BOOK OF ENGLISH HISTORY Soverayne Lord, with me upon his said reasonynge with the said friar, he said to me that th'Emperowrs embassator shulde say to him quod si vclit procurare pro Rcgina merces cjns non starct intns paucula scuta, and he addyd these words to the same, Crcdc mihi, Croce, posse me efficcre si rclim facer e quod alii vclint ct faciunt, ut quicqnid hactenus feccrim pro rege illi magis obsit quam prosit. Thys frute commythe off Rhaphacls works put in printe makinge pro- testation in the worke writen ayenste yowr Highnes quod qiiidquid scripserit pro eadcm id otnne tantum ex aliorum mcnte non sua ad ingenii exercitationem scripserit. And that the worke writen ayenste yowr Highnes ys hys very trew and playne opinion, and firme and ful sentence and mynde. What hurte thys worke with sutche werks as ar in Englishe, setforthe in England (by comen rumor here) ayenste yowr Highnes cause, dotthe unto yowr Highnes said cause I have at temptit by doble lettres sente by the means off Harwel from Venice to Antewarpe, and from Antewarpe to yowr Highnes by post, purposely acertayned yowr Hight- nes. And consyderinge that I can get no mo subscriptions nother off Friar Ambrose nor off Thomas, very feare corn- pellythe me to aduertyse yowr Highnes that all these Friars were firste and only attayned vnto yowr Highnes by me. And Ambrose had off me for the gettinge of the determina- tion off Padua for his parte only xx crouynes. Thomas hathe had xlvij crouynes. Franciscus, for him and Dio- nysius, Ixxvij crouynes, as I can right wel prove. And thys notwithstandynge, whan I cal upon them for som frute of none off theyr labor, except Dionysius, I can get non. And as Ambrose hathe answerid me that my Lorde of London hathe comandyd hym tantum in causa regia facere quam ipsi prescripserit Cassalius, so Leonicus, a man off greate gravitye and lernynge, by his lettres (whereoff a copye I sende herein enclosyd) acertaynythe me off a wars poynte. Albe yt I truste yt be not so, for suche commaundemente coulde not but be prejudicial, as wel unto yowr high cause as unto my labors taken in the same, and also to the losse off the money that I have laid owzt to the said friars, for the same. Nor can I not perceve how (yff thys be true) that I any more may preferre yowr most high causes m Venice and the partyes abowzt. Whose importune labor my Lorde knowethe to have bene the principal and chefe cause off the successe that yowr Highnes cause hathe had in Italye. Where afore my commynge, nor yet by other men THE DIVORCE QUESTION 229 longe after, there was (as yowr Highnes and al other know- ethe) nothinge earthely done. And I beseche yowr Highnes to pondre my good harte and acts passed, the whyche shall never (to dye for yt) cease to farther yowr said Highnes pleasure in thys behalffe, with all payne, faythe, and dili- gence, as the effect off my endevor I truste shal alwayes frutefully profe. And thus I besech our mooste mercyful Saviour Christe to preserve yowr moste noble Grace. At Venice, the xxiij d off Octobre, with the rude hand off yowr moste High Majestyes. (From Original Letters illustrative of English History, Ellis, Load., 1846 Third Series, II, p. 167.) 105. Speeches made in the Divorce Trial between Henry VIII and Katherine of Arragon (1529) Somers Tracts The four speeches which follow show the hasty method of the proceedings as inaugurated, the gross injustice to the queen, and the independence of Campeius, who refused to bend his sense of right to the will of the royal despot. The determination of the cardinal that judgment must be given by the pope was an important factor in producing the religious revolution which later shook England to her centre and freed her from papal domination. "The four following articles are the Speeches of the different parties at the famous trial of Divorce, before Wolsey and Cam- peius, as papal commissioners, 2ist June, 1529. The Speeches are here given rather more fully than in the Chronicles." The Speech of Queen Katherine, which she made when she was called upon, about the Divorce of her and the King, who rose out of her chair, and came to the King, and kneeling down at his feet, said as followeth: Sir, In what have I offended you? Or what occasion of dis- pleasure have I given you, intending thus to put me from you? I take God to be my judge, I have been to you a true and humble wife, ever conformable to your will and pleasure ; never contradicting or gain-saying you in any 230 SOURCE-BOOK OF ENGLISH HISTORY thing: being always contented with all things, wherein you had any delight, or took any pleasure, without grudge, or countenance of discontent or displeasure. I loved, for your sake, all them whom you loved, whether I had cause or no; whether they were my friends, or my enemies. I have been your wife these twenty years or more, and you had by me divers children; and when you had me first, I take God to be my judge, that I was a maid : and whether it be true or no, I put it to your own conscience. If there be any just cause that you can alledge against me, either of dishonesty, or mat- ter lawful to put me from you, I am content to depart, to my shame and confusion ; and if there be none, then I pray you to let me have justice at your hands. The king, your father, was, in his time, of such an excellent wit, that he was accounted amongst all men for wisdom, to be a second Solomon ; and the king of Spain, my father Fardinand, was accounted one of the wisest princes that had reigned in Spain for many years. It is not, therefore, to be doubted, but that they had gathered as wise counsellors unto them, of every realm, as to their wisdom they thought meet: And I conceive, that there were in those days, as wise and well- learned men, in both the realms, as be now at this day, who thought the marriage between you and me good and lawful. Therefore it is a wonder to me, what new inventions are now invented against me. And now to put me to stand to the order and judgment of this court, seems very unreason- able. For you may condemn me for want of being able to answer for myself; as having no council, but such as you assigned me; who cannot be indifferent on my part, since they are your own subjects, and such as you have taken, and chosen out of your own council ; whereunto they are privy, and dare not disclose your will, and intent. Therefore I humbly pray you, to spare me, until I may know, what council my friends in Spain will advise me to take: and if you will not, then your pleasure be fulfilled. And zvith that she rose up, and departed, never more appearing in any court. King Henry the VHIth's Speech upon the Queen's depart- ure out of the Court. I will now, in her absence, declare this unto you all, That she has been unto me as true and obedient a wife, as I could wish, or desire. She has all the virtuous qualities, that THE DIVORCE QUESTION 231 ought to be in a woman of her dignity, or in any other of mean condition. She is also surely a noble woman born : Her condition will well declare it. The Speech of Queen Katherine to Cardinal Campeius, and Wolsey, they being sent by the king. My lords, I cannot answer you so suddenly; for I was set, among my maids, at work, little thinking of any such matter; wherein there needs a longer deliberation, and a better head than mine, to make answer. For I have need of council in this case, which concerns me so near : and for any council, or friends that I can find in England, they are not for my profit. For it is not likely that any Englishman will council me, or be a friend to me against the king's pleasure, since they are his subjects; and for my council, in which I may trust, they are in Spain. The Speech of Cardinal Campeius, upon King Henry the VHIth's calling for judgment. I will not give judgment, till I have made relation to the pope of all our proceedings; whose council, and command, I will observe. The matter is too high for us to give an hasty judgment, considering the highness of the persons, and doubtfulness of the case ; and also whose commissioners we be, under whose authority we sit. It were therefore reason that we should make our chief head a council in the same, before we proceed to a definitive sentence. I came not to please, for favour, need, or dread, of any person alive, be he king, or otherwise. I have no such respect to the person, that I will offend my conscience. I will not, for the favour or disfavour of any high estate, do that thing, which shall be against the will of God. / am an old man, (both weak and sickly) that look daily for death. I will not wade any farther in this matter, until I have the opinion and assent of the pope. (From Sonters' Collection of Tracts, ed. by Walter Scott, Lond., 1809, I, p. 33. 1 06. The Divorce Proceedings announced to the House of Commons (1531) Parliamentary History On March 30, 1531, the Lord Chancellor, together with a committee of Lords Spiritual and Temporal, went to the House of Commons, where the Chancellor opened the proceedings with a brief speech announcing the reason of the visit. There is a 2 3 2 SOURCE-BOOK OF ENGLISH HISTORY grim humour in the king's self-accusation of incestuous union, and the subserviency of the consulted authorities is an object- lesson of the time. The object of the communication is set forth in the concluding sentences of the extract, but it may be doubted if the purpose was accomplished. "You of this worshipful House, "I am sure you be not so ignorant but you know well that the Kyng our Soveraign Lorde hath maried his Brother's Wyfe; for she was both wedded and bedded with his Brother Prince Arthur, and therefore you may surely say that he hath maried his Brother's Wyfe, if this Mariage be good as so many Clerkes do doubt; Wherefore the Kyng, like a vir- tuous Prince, willing to be satisfied in his Conscience, and also for the Suretie of his Realme, hath, with great Delibera- tion, consulted with great Clerkes, and hath sent my Lorde of London, here present, to the chiefe Universities of all Christendome, to know their Opinion and Judgment in that Behalf. And altho' the Universities of Cambryge and Ox- forde had been sufficient to discusse the Cause, yet, because they be in this Realme, and to avoyde all Suspicion of Par- tiality, he hath sent into the Realme of France, Italy, the Pope's Dominions, and Venetians, to know their Judgment in that Behalf; which have concluded, written, and sealed their Determinations, accordyng as you shall heare red." Then Sir Brian Tuke took out of a Box twelve Writings sealed, and read them before the House as they were trans- lated into the English Tongue. Next follows, in Hall, the Judgment of the Foreign Uni- versities ; which were those of Paris, Orleans, Anjou, Bruges, Bononia, and Padua, at Length. These being somewhat foreign to our Purpose, \ve shall therefore content ourselves with observing, That the Question put to these learned So- cieties was, Whether the Pope's Dispensation for a Brother's marrying a Brother's Wife, after Consummation with her former Husband, was valid or not? Which, as the Question was stated, they all gave in the Negative. These Determinations being all read in the House, there were produced abouve an hundred different Books, wrote by foreign Civilians and Divines, against the Lawfulness of the Marriage; which, says Hall, because the Day was far spent, were not read. Then the Chancellor again said, "Now you of this Commen House may reporte in your Countries what you have scene and heard; and then all Men shall openly THE DIVORCE QUESTION 233 perceyve that the Kyng hath not attempted this Matter of Wyll or Pleasure, as some Straungers reporte, but only for the Discharge of his Conscience, and Suretie of the Succes- sion of his Realme. This is the Cause of our Repayre hyther to you, and now we wyl departe." (Parliamentary History, 2nd ed., Lond., 1763. Vol. Ill, p. 81.) CHAPTER XV HENRY VIII. AND THE CHURCH 107. Payment of Annates to the Pope forbidden Parliamentary History The struggle between Henry VIII. and the Pope on the ques- tion of divorce caused the king to assume the headship of the Catholic Church in England and to take that church from papal control. The first important step was taken in 1531 when the clergy were compelled to address Henry as "Head of the Church and Clergy so far as the law of Christ will allow." The second was the act restraining the payment of annates to the pope. The selection given contains a summary of this act. Its language should be compared with the other anti-papal statutes contained in this chapter. They in turn should be read in connection with those given in Chapters XI, XVII, XVIII, and XIX. The acts given in these and preceding chapters furnish material for the study of the development of the inde- pendent Church of England. This year also an Act passed, concerning Annates, or the First-Fruits of Bishoprics, paid usually to the See of Rome, for the obtaining of Palls, Bulls, etc., the Preamble and Con- sideration whereof was, as appears in the Records, i. The great Sums of Money already passed out of the Kingdom that Way, being no less than 160,000 / Sterling, since the second Year of Henry VII. 2. That more was likely to be shortly transported, by reason many of the Bishops are aged. 3. That the first Use and Grant of them was for maintaining Arms against Infidels. So that it was enacted, That they should henceforth cease, and no Money to be paid to Rome to that Intent, except as is hereafter specified, viz. Lest the Court of Rome should think themselves irremunerated for their Pain in making and sealing Bulls in Lead, etc., it was ordained, That there may be allowed for the said Bulls Five Pounds in the Hundred, according to the Rate of each Bishopric's clear Value above all Charges. And if any Man, being chosen to a Bishopric, and presented by the 234 HENRY VIII. AND THE CHURCH 235 King to the Pope, shall hereupon find any Lett or Hinder- ance, by Restraint of his Bulls, upon convenient Suit for the same, then he may be named and presented by the King's Highness to the Archbishop of the Province, who shall consecrate him ; or, the said Archbishop delaying, under Pretence of wanting Pall, Bull, etc., the Person so named shall be consecrated, and invested by any two Bishops of the Land whom the King shall appoint thereto; and shall be held and reputed thereafter as a compleat Bishop. But of this Act we shall speak again, when we come to the 25th Year of the King: For though it passed the Parliament now, and the King gave his Assent thereto, yet Power was re- served for him to annul or confirm the same any Time within two Years next following. Moreover, in this Statute, the King and his Parliament de- clare, That they do not intend to use any Extremity or Violence, before gentle and courteous Ways have been at- tempted: But it shall please the King to propose an amicable Composition to the Pope, and his Holliness shall be content either to abolish or moderate those Annates, then the Com- positions, so made, to stand firm : But if, upon the said amicable Propositions, the Realm cannot be disburdened, and that, for the Continuance of the same, the Pope shall un- justly vex and disquiet the King or his Subjects by any Ex- communication, etc., be it then enacted, by the Authority aforesaid, That the King's Highness, his Heirs and Succes- sors, Kings of England, and all his Spiritual and Lay Sub- jects of the same, without any Scruple of Conscience, shall and may lawfully, to the Honour of Almighty God, the In- crease and Continuance of Virtue and good Example within this Realm (the said Censures, Excommunications, Inter- dictions, Compulsories, or any of them, notwithstanding), minister, or cause to be ministered, throughout this said Re- alm, and all other the Dominions and Territories belonging or appertaining thereunto, all and all Manner of Sacraments, Sacramentals, Ceremonies, or other Divine Service of Holy Church, or any other Thing or Things necessary for the Health of the Soul of Mankind, as they heretofore, at any Time or Times, have been virtuously used or accustomed to do within the same. And that no Manner of such Censures, Excommunications, Interdictions, or any other Process or Compulsories shall by any of the Prelates, or other Spiritual Fathers of this Realm, nor by any of their Ministers or 2j6 SOURCE-BOOK OF ENGLISH HISTORY Substitutes, be at any Time or Times hereafter published, executed, or divulged, in any Manner of Ways. (Parliamentary History, ed. cit., Ill, p. 88.) 108. Appeals to Rome prohibited (1533) Parliamentary History The following Act was a further severance of the Church of England from the domination of the See of Rome, restraining the Canonical Courts from carrying appeals to the Pope. The terse comment at the end, written by the author of the portion of the History from which the Act is quoted, well sums up the motive for the action taken. That no Appeals should be made out of this Realm for these Reasons, viz. That whereas the Kingdom of England was a just Empire, furnished with such able Persons, both Spiritual and Temporal, as could decide all Controversies arising in it : And whereas Edward I. Edward III. Richard II. Henry IV. and other Kings of this Realm, had made sundry Ordinances, Laws, and Statutes, for the Conservation of the Prerogative, Liberties, and Pre-eminences of the said Imperial Crown, and of the Jurisdictions Spiritual and Tem- poral of the same, to keep it from the Annoyance of the See of Rome, as also from the Authority of other foreign Potentates attempting the Diminution or Violation thereof: And because, notwithstanding the said Acts, divers Appeals have been sued to the See of Rome in Causes Testamentary, Causes of Matrimony and Divorce, Right of Tythes, Ob- lations and Obvertions, to the great Vexation and Charge of the King's Highness and his Subjects, and the Delay of Justice ; and forasmuch as the Distance of the Way to Rome is such, as the necessary Proofs and true Knowledge of the Cause cannot be brought thither, and represented so well as in this Kingdom, and that therefore many Persons be with- out Remedy, it is therefore enacted, That all Causes Testa- mentary, Causes of Matrimony and Divorces, Tythes, Obla- tions, and Obventions, either commenced or depending form- erly, or which hereafter shall commence in any of. the King's Dominions, shall be heard, discussed, and definitively determined within the King's Jurisdiction and Authority in the Courts Spiritual and Temporal of the same, any foreign Inhi- bition or Restraints to the contrary notwithstanding: So that, altho' any Excommunication or Interdiction on this Occasion should follow from that See, the Prelates and Clergy of this HENRY Fill. AND THE CHURCH 237 Realm should administer Sacraments, and say Divine Serv- ice, and do all other their Duties, as formerly hath been used, upon Penalty of One Year's Imprisonment, and Fine at the King's Pleasure ; and they who procured the said Sen- tences should fall into a Prccmunirc. As for the Orders to be observed henceforth, it was enacted, That in Suits com- menced before the Arch-Deacon or his Officials, Appeal might be made to the Bishop of the said See ; and from thence, within fifteen Days, to the Archbishop of Canter- bury, or Archbishop of York, respectively in their Provinces, and so likewise to the Archbishops in the King's other Do- minions. Or if Suit be commenced before the Arch-Deacon or any Archbishop or his Commissaries, then appeal may be made within fifteen Days to the Court of Arches, and so to the Archbishops without further Appeal : In all which Cases the Prerogative of the Archbishop and Church of Canter- bury was reserved. That if any Suit arose betwix the King and his Subjects, Appeal might be made within fifteen Days to the Prelates of the Upper House in the Convocation then sitting, or next called by the King's Writ, there to be finally determined: And that they who shall take out any Appeal contrary to the Effect of this Act, or refuse to obey it, they, their Adherents, and Counsellors, shall incur the Penalty of the Statute of 16 Richard II. And it is natural to sup- pose, that the Spirituality, finding the Power, invested for- merly in the Pope, to be devolved now in great part on them, did more easily suffer the Diminution of Papal Authority. (Parliamentary History, ei cit., Ill, p. 93.) 109. Henry's Attitude toward Heretics (25 HENRY VIII., c. 14, 1533-34) Statutes at Large of England Henry's laws against heretics were intended to strike a blow at the exercise of the papal power in England, but they also show that his antagonism was against the headship of the Pope and not against the prevailing faith. To Henry, the Church of Rome was the true Church; he cherished the idea that he could in England take the place hitherto held by the Pope, and yet preserve the doctrines of the Church in their entirety. He was therefore as severe in his enactments against heretics as in those against traitors. AN ACT FOR PUNISHMENT OF HERESY I. (Preamble.) II. And nevertheless forasmuch as the most foul and de- testable crime of heresy should not hereafter grow and in- 238 SOURCE-BOOK OF ENGLISH HISTORY crease, but utterly be abhorred, detested, and eradicate, nor that any heretics should be favoured, but that they should have condign and sufficient punishment, and for the repres- sion of heretics and such erroneous opinions in time coming: be it established, ordained, and enacted by the authority of this present Parliament, that the statute made in the fifth year of your noble progenitor King Richard the Second, and the statute made in the second year of King Henry the Fifth [Fourth], concerning punishment and reformation of Here- tics and Lollards, and every provision therein contained, not being repugnant to this Act, shall be, and stand, in their force, strength, and effect. Sheriffs in their turns, and Stewards in their leets, rapes, and wapentakes, shall have authority to inquire of heretics; and every such presentment made in any turn, leet, etc., con- cerning heretics, shall be certified to the Ordinary. Every person presented or indicted of any heresy, or duly accused by two lawful witnesses, may be cited, arrested, or taken by an Ordinary, or other of the King's subjects, and committed to the Ordinary, to answer in open court, and being convicted shall abjure his heresies, and refusing so to do, or falling into relapse, shall be burned in an open place for example of others. HI. VI. VII. And where the great number of the King's subjects having little or no knowledge of letters have been put in opin- ion, that by divers laws, decrees, ordinances, and constitu- tions heretofore made by the bishop of Rome, called the Pope, and his predecessors, or by their authorities, for the ad- vancement of their worldly glory and ambition, every man that in any thing speaketh or doth against the said pre- tended power or authority of the same bishop of Rome, or any of the said laws, decrees, ordinances, and constitutions, standeth in danger and is impeachable of heresy; which ef- fect or matter, nor any such laws, decrees, ordinances, or constitutions, not approved and confirmed by Holy Scripture, was never commonly accepted or confirmed to be any law of God or man within this realm. "No speaking, doing, com- munication, or holding against the Pope, nor any speaking, doing, communication, or holding against any laws called spiritual laws, made by authority of the See of Rome, re- pugnant to the laws and statutes of this realm or the King's prerogative royal, shall be reputed heresy, or punishable as such." ''Persons accused or indicted of heresy may be let to HENRY VIII. AND THE CHURCH 239 bail by the Ordinaries, or by two justices of peace, except the Ordinary declare to the King's Council a reasonable cause why they should not be bailed." (Ed. from Statutes at Large of England and Great Britain, Lond., 1811. Ill, p. 156.) 1 10. Submission of the Clergy (25 HENRY VIII., c. 19, 1533-34) Statutes at Large of England. In the following Act, Henry practically assumes dominion over the English Church. Sections I, II, and VII were recited in a later Act and continued for three years. Later again, similar provisions were made, to endure for the life of the king. The effect of these enactments was to legally vest in the king that appellate jurisdiction which had hitherto been the prero- gative of the Pope, and to abolish the control of convocations over ecclesiastical affairs. AN ACT FOR THE SUBMISSION OF THE CLERGY TO THE KING'S MAJESTY I. Where the King's humble and obedient subjects, the clergy of this realm of England, have not only acknowledged according to the truth, that the convocations of the same clergy are always, hath been, and ought to be, assembled only by the King's writ, but also submitting themselves to the King's Majesty, have promised in vcrbo sacerdocii that they will never from henceforth presume to attempt, allege, claim, or put in use, or enact, promulgate or execute any new can- ons, constitutions, ordinance provincial or other, or by what- soever other name they shall be called in the convocation, unless the King's most royal assent and license may to them be had, to make, promulgate, and execute the same, and that his Majesty do give his most royal assent and authority in that behalf: And whereas divers constitutions, ordinances, and canons, provincial or synodal, which heretofore have been enacted, and be thought not only to be much preju- dicial to the King's prerogative royal, and repugnant to the laws and statutes of this realm, but also overmuch onerous to his Highness and his subjects ; the said clergy have most humbly besought the King's Highness that the said con- stitutions and canons may be committed to the examination and judgment of his Highness, and of two-and-thirty per- sons of the King's subjects, whereof sixteen to be of the Upper and Nether House of the Parliament of the tempo- ralty, and the other sixteen to be of the clergy of this realm ; and all the said two-and-thirty persons to be chosen and 2 4 o SOURCE-BOOK OF ENGLISH HISTORY appointed by the King's Majesty; and that such of the said constitutions and canons as shall be thought and determined by the said two-and-thirty persons, or the more part of them, worthy to be abrogated and annulled, shall be abolished and made of no value accordingly ; and such other of the same constitutions and canons as by the said two-and-thirty, or the more part of them, shall be approved to stand with the laws of God and consonant to the laws of this realm, shall stand in their full strength and power, the King's most royal assent being first had and obtained to the same : Be it there- fore now enacted by authority of this present Parliament according to the said submission and petition of the said clergy, that they, nor any of them from henceforth, shall presume to attempt, allege, claim, or put in use any constitu- tions or ordinance, provincial or synodal, or any other can- ons, nor shall enact, promulgate, or execute any such canons, constitutions, or ordinances provincial, by whatsoever name or names they may be called, in their convocations in time coming (which always shall be assembled by authority of the King's writ) unless the same clergy may have the King's most royal assent and license to make, promulgate, and execute such canons, constitutions, and ordinances, provin- cial or synodal ; upon pain of every one of the said clergy doing contrary to this Act, and being thereof convicted, to suffer imprisonment, and make fine at the King's will. II. And forasmuch as such canons, constitutions, and or- dinances, as heretofore have been made by the clergy of this realm, cannot now at the session of this present Parliament, by reason of shortness of time, be viewed, examined, and determined by the King's Highness and thirty-two persons to be chosen and appointed according to the petition of the said clergy in form above rehearsed ; Be it therefore enacted by authority aforesaid, That the King's Highness shall have power and authority to nominate and assign, at his pleasure, the said two-and-thirty persons of his subjects, whereof six- teen [are] to be of the clergy and sixteen to be of the tempo- ralty of the Upper and Nether House of the Parliament ; and if any of the said two-and thirty persons so chosen shall hap- pen to die before their full determination, then his Highness to nominate other from time to time of the said two Houses of the Parliament, to supply the number of the said two-and- thirty; and that the same two-and-thirty, by his Highness .so to be named, shall have poxver and authority to view, search, and examine the said canons, constitutions, and or- HENRY VIII. AND THE CHURCH 241 dinances, provincial and synodal heretofore made ; and such of them as the King's Highness and the said two-and-thirty, or the more part of them, shall deem and adjudge worthy to be continued, kept, and obeyed, shall be from thenceforth kept, obeyed, and executed within this realm, so that the King's most royal assent under his great seal be first had to the same; and the residue of the said canons, constitu- tions, and ordinances provincial which the King's Highness, and the said two-and-thirty persons, or the more part of them, shall not approve, or deem and judge worthy to be abolished, abrogated, and made frustrate, shall from thence- forth be void and of none effect, and never be put in execu- tion within this realm. Provided always, That no canons, constitutions, or ordinances shall be made or put in execution within this realm by authority of the convocation of the clergy, which shall be contrary or repugnant to the King's prerogative royal, or the customs, laws, or statutes of this realm ; anything contained in this Act to the contrary hereof notwithstanding. III. And be it further enacted by authority aforesaid, That from the feast of Easter, which shall be in the year of our Lord God one thousand five hundred and thirty-four, no manner of appeals shall be had provoked or made out of this realm, or out of any of the King's dominions, to the bishop of Rome, nor to the See of Rome, in any causes or matters happening to be in contention, and having their commence- ment and beginning in any of the courts within this realm, or within any of the King's dominions, of what nature, con- dition, or quality soever they be of; but that all manner of appeals, of what nature or condition soever they be of, or what cause or matter soever they concern, shall be made and had by the parties aggrieved or having cause of appeal, after such manner, form, and condition as is limited for appeals to be had and prosecuted within this realm in causes of matrimony, tithes, oblations, and obventions, by a statute thereof made and established since the beginning of this present Parliament, and according to the form and effect of the said statute ; any usage, custom, prescription, or any thing or things to the contrary hereof notwithstanding. IV. And for lack of justice at or in any the courts of the archbishops of this realm, or in any the King's do- minions, it shall be lawful to the parties grieved, to appeal to the King's Majesty in the King's Court of Chancery; and that upon every such appeal, a commission shall be directed 2\2 SOURCE-BOOK OF EXGLISIl HISTORY under the Great Seal to such persons as shall be named by the King's Highness, his heirs or successors, like as in case of appeal from the Admiral's Court, to hear and definitively determine such appeals, and the causes concerning the same : Which commissioners, so by the King's Highness, his heirs or successors, to be named or appointed, shall have full power and authority to hear and definitively determine every such appeal, with the causes and all circumstances concern- ing the same; and that such judgment and sentence as the said commissioners shall make and decree in and upon any such appeal shall be good and effectual, and also definitive; and no further appeals to be had or made from the said com- missioners for the same. V. And if any person or persons, at any time after the said feast of Easter, provoke or sue any manner of appeals, of what nature or condition soever they be, to the said bishop of Rome, or to the See of Rome, or do procure or execute any manner of process from the See of Rome, or by authority thereof, to the derogation or let of the due execution of this Act, or contrary to the same, that then every such person or persons so doing, their aiders, councillors, and abettors, shall incur and run into the dangers, pains, and penalties con- tained and limited in the Act of Provision and Prccmunire made in the sixteenth year of the King's most noble pro- genitor, King Richard the Second, against such as sue to the court of Rome against the King's crown and prerogative royal. VI. Provided always, That all manner of provocations and appeals hereafter to be had, made, or taken from the juris- diction of any abbots, priors, or other heads and governors of monasteries, abbeys, priories, and other houses and places exempt, in such cases as they were wont or might afore the making of this Act, by reason of grants or liberties of such places exempt, to have or make immediately any appeal of provocation to the bishop of Rome, otherwise called Pope, or to the See of Rome, that in all these cases every person and persons, having cause of appeal or provocation, shall and may take and make their appeals and provocations im- mediately to the King's Majesty of this realm, into the Court of Chancery, in like manner and form as they used afore to do to the See of Rome; which appeals and provocations so made shall be definitively determined by authority of the King's commission, in such manner and form as in this Act is above-mentioned; so that no archbishop nor bishop of this HENRY VIII. AND THE CHURCH 243 realm shall intermit or meddle with any such appeals, other- wise or in any other manner than they might have done be- fore the making of this Act; any thing in this Act to the contrary thereof notwithstanding. VII. Provided also, That such canons, constitutions, or- dinances, and synodals provincial being already made, which be not contrary or repugnant to the laws, statutes, and cus- toms of this realm, nor to the damage or hurt of the King's prerogative royal, shall now still be used and executed as they were before the making of this Act, till such time as they be viewed, searched, or otherwise ordered or determined by the said two-and-thirty persons, or the more part of them, according to the tenor, form, and effect of this Present Act. (Ed. from Statutes at Large, ed. cit., Ill, p. 162.) in. The Act of Supremacy (26 HBNRY VIII, c. i, 1535) Statutes at Large of England The Act of Supremacy was little more than an ex post facto announcement, yet it had far-reaching effect. It left no ground for retreat; the position so assumed must be at all hazards maintained. THE KING'S GRACE TO BE ACKNOWLEDGED SUPREME HEAD Albeit the king's majesty justly and rightfully is and ought to be the supreme head of the Church of England, and so is recognized by the clergy of this realm in their con- vocations, yet nevertheless for corroboration and confirma- tion thereof, and for increase of virtue in Christ's religion within this realm of England, and to repress and extirp all errors, heresies, and other enormities and abuses heretofore used in the same : Be it enacted by authority of this present Parliament, that the king our sovereign lord, his heirs and successors, kings of this realm, shall be taken, accepted, and reputed the only supreme head in earth of the Church of Eng- land, called Anglicana Ecclesia; and shall have and enjoy, annexed- and united to the imperial crown of this realm, as well the title and style thereof, as all honours, dignities, pre- eminencies, jurisdictions, privileges, authorities, immunities, profits, and commodities, to the said dignity of supreme head of the same church belonging and appertaining. And that our said sovereign lord, his heirs and successors, kings of this realm, shall have full power and authority from time to time to visit, repress, redress, reform, order, correct, restrain, and amend all such errors, heresies, abuses, of- 244 SOURCE-BOOK OF ENGLISH HISTORY fences, contempts, and enormities, whatsoever they be, whicr by any manner spiritual authority or jurisdiction ought or may lawfully be reformed, repressed, ordered, redressed, cor- rected, restrained, or amended, most to the pleasure of Al- mighty God, the increase of virtue in Christ's religion, and for the conservation of the peace, unity, and tranquility of this realm ; and usage, custom, foreign laws, foreign authority, prescription, or any other thing or things to the contrary hereof notwithstanding. (Ed. from Statutes at Large, ed. cit., Ill, p. 187.) 112. Denial of the Authority of the Pope (28 HENRY VIII., c. 10, 1536-37) Statutes at Large of England The absolute renunciation of all allegiance to the See of Rome was the natural corollary to the Act of Supremacy, and the Act containing this renunciation is one of the shortest in the statute books. Yet its meaning was unmistakable, and it gave promise of stern determination. The Act was repealed by the general words of I and II. Philip and Mary, c. VIII ; but it was after- ward practically re-affirmed by Elizabeth. AN ACT EXTINGUISHING THE AUTHORITY OF THE BISHOP OF ROME If any person shall extol the authority of the bishop of Rome, he shall incur the penalty of prccmunirc provided by Stat. 16 R. 2 c. 5. Every ecclesiastical and lay officer shall be sworn to renounce the said bishop and his authority, and to resist it to his power, and to repute any oath taken in maintenance of the said bishop, or his authority, to be void ; and the- refusing of the said oath, being tendered, shall be adjudged high treason. (Ed. from Statutes at Large, ed. cit., Ill, p. 262.) 113. The Dissolution of the Monasteries (27 HENRY VIII, c. 28, 1535-36) Statutes at Large of England The dissolution of the lesser monasteries was a severe blow to the Church of Rome. The following Act sets forth the reasons assigned for the suppression of these houses, as well as the de- termination that they shall be suppressed. It will be noted that the greater monasteries are highly spoken of; the good faith of the statements can be judged by the subsequent destruction of the last citadels of the old faith. HENRY VIII. AND THE CHURCH 245 AN ACT THAT ALL RELIGIOUS HOUSES UNDER THE YEARLY REVENUE OF TWO HUNDRED POUNDS SHALL BE DISSOLVED AND GIVEN TO THE KING AND HIS HEIRS. "Forasmuch as manifest synne, vicious, carnal, and abom- inable Living is daily used and committed commonly in such little and small Abbeys, Priories, and other Religious Houses of Monks, Canons, and Nuns, where the Congregation of such Religious Persons is under the Number of twelve Per- sons, whereby the Governors of such Religios Houses and their Covent spoyle, destroye, consume, and utterly waste, as well their Churches, Monasteries, Priories, principal Houses, Farms, Granges, Lands, Tenements, and Heridita- ments, as the Ornaments of their Churches, and their Goods and Chattels, to the high Displeasure of Almighty God, Slander of good Religion, and to the great Infamy of the King's Highness and the Realm, if Redress should not be had thereof. And albeit that many continual Visitations hath been heretofore had, by the Space of two hundred Years and more, for an honest and charitable Reformation of such unthrifty, carnal, and abominable living, yet nevertheless little or none amendment is hitherto had, but their vicious living shamelessly increaseth and augmenteth, and by a cursed Custom so rooted and infected, that a great Multitude of the Religious Persons in such small Houses do rather choose to rove abroad in Apostacy, than to conform them- selves to the Observation of good Religion ; so that, without such small Houses be utterly suppressed, and the Religious Persons therein committed to great and honourable Monas- teries of Religion in this Realm, where they may be com- pelled to live religiously, for Reformation of their lives, the same else be no Redress nor Reformation in that Behalf. In Consideration whereof, the King's most Royal Majesty being supreme Head on Earth, under God, of the Church of Eng- land, dayly studying and devysing the Increase, Advance- ment, and Exaltation of true Doctrine and Virtue in the said Church, to the only Glory and Honour of God, and the total extirping and Dystruction of Vice and Sin, having Knowl- edge that the Premisses be true, as well by the Accompts of his late Visitations, as by sundry credible Informations, considering also that diverse and great solemn Monasteries of this Realm, wherein (Thanks be to God) Religion is right well kept and observed, be destitute of such full Num- ber of Religious Persons, as they ought and may keep, hath 246 SOURCE-BOOK OF ENGLISH HISTORY thought good that a plain Declaration should be made of the Premisses, as well to the Lords Spiritual and Temporal, as to other his loving Subjects the Commons, in this present Parliament assembled: Whereupon the said Lords and Commons, by a great Deliberation, finally be resolved, that it is and shall be much more to the Pleasure of Almighty God, and for the Honour of this his Realm, that the Pos- sessions of such small Religious Houses, now being spent, spoiled, and wasted for Increase and Maintenance of Sin. should be used and committed to better Uses, and the un- thrifty Religious Persons, so spending the same, to be com- pelled to reform their Lives." And thereupon most humbly desire the King's Highness that it may be enacted by Au- thority of this present Parliament, That his Majesty shall have and enjoy to him and his Heirs for ever, all and singu- lar such Monasteries, Priories, and other Religious Houses of Monks, Canons, and Nuns, of what kinds of Diversities of Habits, Rules, or Order soever they be called or named, which have not in Lands, Tenements, Rents, Tithes, Por- tions, and other Hereditaments above the clear yearly Value of two hundred Pounds. And in like manner shall have and enjoy all the Sites and Circuits of every such Religious Houses, and all and singular the Manors, Granges, Meases, Lands, Tenements, Rents, Reversions, Services , Tithes, Pen- sions, Portions, Churches, Chapels, Advowsons, Patronages, Annuities, Rights, Entries, Conditions, and other Heredita- ments appertaining or belonging to every such Monastery, Priory, or other Religious House, not having, as is afore said, above the said clear yearly Value of two hundred Pound, in as large and ample manner as the Abbots, Priors, Abbesses, Prioresses, and other Governors of such Monas- teries, Priories, and other Religious Houses now have or ought to have the same in the right of their Houses. And that also his Highness shall have to him and to his Heirs all and singular such Monasteries, Abbeys, and Priories which at any Time within one Year next before the making of this Act hath been given and granted to his Majesty by any Abbot, Prior, Abbess, or Prioress, under their Covent Seals, or that otherwise hath been suppressed or dissolved, and all and singular the Manors, Lands, Tenements, Rents, Services, Reversions, Tithes, Pensions, Portions, Churches, Chapels, Advowsons, Patronages, Rights, Entries, Conditions, and all other Interests and Hereditaments to the same Monasteries, Abbeys, and Priories, or to any of them appertaining or be- HENRY VIII. AND THE CHURCH 2*7 longing; to have and to hold all and singular the Premisses with all their Rights, . Jurisdictions, and Commodities, unto the King's Majesty, and his Heirs and Assigns for ever, to do and use therewith his and their own Wills, to the Pleasure of Almighty God, and to the Honour and Profit of this Realm. (Ed. from Statutes at Large, ed. cit., Ill, p. 256.) 114. Confession made with Surrender of a Monastery Records, Burnet When the monasteries were surrendered, their heads were in- duced by promises or threats to make confessions justifying the action of the king. The document given is typical of the rest, and its veracity is at least questionable, however the falsehood may have been excused by the necessities of the case. Forasmuch as we, Richard Green, abbot of our monastery of our blessed Lady St. Mary of Betlesden, and the convent of the said monastery, do profoundly consider, That the whole manner and trade of living, which we and our pre- tensed religion have practised, and used many days, does most principally consist in certain dumb ceremonies, and other certain constitutions of the bishops of Rome, and other forinsecal potentates, as the abbot of Cistins, and therein only noseled, and not taught in the true knowledge of God's laws, procuring always exemptions of the bishops of Rome from our ordinaries and diocesans : submitting ourselves principally to forinsecal potentates and powers, which never came here to reform such disorders of living and abuses, as now have been found to have reigned among us. And there- fore now assuredly knowing, that the most perfect way of living is principally and sufficiently declared unto us by our master Christ, his evangelists and apostles, and that it is most expedient for us to be governed and ordered by our Supreme Head, under God, the king's most noble grace, with our mutual assent and consent, submit ourselves, and every one of us, to the most benign mercy of the king's majesty; and by these presents do surrender, etc. (Collection of Records in vol. II, p. LXVII, History of the Reformation of the Church of England, G. Burnet, Lond., 1880.) 115. Directions for Visitation of Monasteries Records, Burnet Before a religious house was suppressed if was visited and inspected. The general directions to the king's agents are given in the important document given below. This is presented in full because of its great value in describing the ideal manage- 2 4 S SOURCE-BOOK OP ENGLISH HISTORY ment of a monastery and its implication of prevailing irregulari- ties. INSTRUCTIONS FOR THE GENERAL VISITATION OF THE MONASTERIES Articnli Regicc Inqisitionis, in Monasticam vitam agcntcs, cxponcndi, ct pracipuc in cxcmptos a jurisdictione Dioccc- sana, jam tantum Regie? Majcstati et ejus jurisdictioni sub- ditos ct subjcctos, ac hujus inclyti sui Rcgni Statntis ct legi- bus, nullisq; aliis pcnitus, obnoxios ct astrictos. 1. In primis, Whether divine service be solemnly sung-, said, observed, and kept, in this monastery, according to the number and the abilities thereof, by night and by day, in due time and hours ? and how many be present commonly at mattins, and other service, and who be absent, and so accus- tomed to be, without cause or sickness? 2. Item, How many monks, canons regulars, or nuns, be within this monastery, and how many there ought to be, and whether the number be complete according to the foun- der's will, or the statutes, ordinances, and laudible custom of this house; and whether the number be augmented or dimin- ished now of late? 3. Item, Who were the first founders of this house? Fundationem primam, sccundam, tertiam, ct quot- quot habcnt, exhibcant. 4. Item, Whether this house hath had any increase of lands given to it sithence the first foundation thereof? by whom ? by how many ? and when ? 5. Item, To what sum of money those revenues and rents of this house do extend and amount unto yearly. 6. Item, Whether this house was ever translated from one habit and order to another? by whose authority? and for what cause ? Translationem exhibcant. 7. Item, How the lands and possessions appertaining unto this monastery, given by the first founder, and all other lands given sithence the first foundation, were granted; given, and established, and so first brought to morte main? whether by the only authority of the giver, or by the author- ization of the prince for that time reigning, and by what tenor and form ye hold them? Donationem ct Confirmationem exhibeant. HENRY VIII. AND THE CHURCH 249 8. Item, What evidence have you to show for all and sin- gular your lands, manors, tenements, and other your posses sons mortisate, and given unto you, and this your monas- tery? 9. Item, Wherefore, for what causes and considerations ye were exempt from your diocesan ? and what was your suggestion and motive at the obtaining of your said exemp- tion? Exemptionem exhibeant. 10. Item, Whether ye have any private, peculiar, or local statutes, confirmations, ordinances, or rules, made only for the behoof, good order, and singular weal of this house, be- sides the rules of your profession ? and whether they were made either by your founders before your exemption, or by the good fathers of this house, with the whole consent of the brethren, being sinneth your exemption; to what use they were made, and how ye observe them? Statuta ilia localia, et alia quotquot habent, exhibeant. 11. Item, By what way and form the master of this house was elected and chosen? And whether all the brethren having, or ought to have by the law, statutes, or laudable custom of this house, voices in the election, were present in the same election, or lawfully called or cited to it? 12. Item, Whether any persons excommunicate, suspended, or interdicted, did give voices in the same election? 13. Item, Within what time after the election was made and done, the master of this house was confirmed? and by whom ? 14. Item, Whether unto the confirmation, all that had in- terest, or that would object against the same, were lawfully cited, monished, and called? Exhibeat Electionem, Confirmationem, et Titu- lum SUEw e *> Journals, Lond. 1682, p. 65.) 139. Elizabeth and Mary Stuart D' Eives 1 Journals No student of history can pass lightly over the pages which deal with Mary, Queen of Scots. This romantic figure in an age of romance is a character enigma not yet solved. The attitude of Elizabeth and Parliament toward Mary, when a prisoner in their hands, is well shown by the accompanying extract. May it please your most excellent Majesty, We, your humble, loving and faithful subjects, the Lords and Com- mons in this present parliament assembled, having of long time, to our intolerable grief, seen by how manifold, most dangerous and execrable practices, Mary . . . commonly called the Queen of Scots, hath compassed the destruction of your Majesty's sacred and most royal person, in whose safety (next under God) our chief and only felicity doth lie, and thereby not only to bereave us of the sincere and true religion of Almighty God, bringing us and this noble crown back again into the thraldom of the Romish tyranny, but also utterly to ruinate and overthrow the happy state and com- monweal of this most noble realm : . . . and seeing also what insolent boldness is grown in the heart of the same Queen, through your Majesty's former exceeding favours and clem- encies towards her; and thereupon weighing, with heavy and sorrowful hearts, in what continual peril of such- like desperate conspiracies and practices your Majesty's most royal and sacred person and life (more dear unto us than our own) is and shall be still, without any pos- sible means to prevent it, so long as the said Scottish Queen shall be suffered to continue, and shall not receive that due punishment which, by justice and the laws of this your realm, she hath so often and so many ways, for her most 3o8 SOURCE-BOOK OF ENGLISH HISTORY wicked and detestable offences, deserved : therefore . . . We do most humbly beseech your most excellent Majesty that, as well in respect of the continuance of the true religion now professed amongst us and of the safety of your most royal person and estate, as in regard of the preservation and defence of us your most loving, dutiful and faithful subjects and the whole commonweal of this realm, it may please your Highness to take speedy order, that declaration of the same sentence and judgment be made and published by proclamation, and that thereupon direction be given for further proceedings against the said Scottish Queen, accord- ing to the effect and true meaning of the said statute [Stat. 27 Eliz. i. i] : because, upon advised and great consultation, we cannot find that there is any possible means to provide for your Majesty's safety, but by the just and speedy execu- tion of the said Queen :... and if the same be not put in present execution, we your most loving and dutiful subjects, shall thereby (so far as man's reason can reach) be brought into utter despair of the continuance amongst us of the true religion of Almighty God, and of your Majesty's life, and the safety of all your faithful subjects, and the good estate of this most flourishing commonweal. The Queen answered, 24. November, 1586: That her Highness, moved with some commiseration for the Scottish Queen, in respect of her former dignity and great fortunes in her younger years, her nearness of kindred to her Majesty and also of her sex, could be well pleased to forbear the taking of her blood, if, by any other means to be devised by her Highness' Great Council of this realm, the safety of her Majesty's person and government might be preserved, without danger of ruin and destruction, and else not ; therein leaving them all nevertheless to their own free liberty and dispositions of proceeding otherwise at their choice. To which the Houses made reply : That having often conferred and debated on that ques- tion, according to her Highness' commandment, they could find no other way than was set down in their petition. The Queen's second answer. If I should say unto you that I mean not to grant your petition, by my faith I should say unto you more than per- ELIZABETH 309 haps I mean. And if I should say unto you I mean to grant your petition, I should then tell you more than is fit for you to know. And thus I must deliver you an answer answer- ^ ess ' (D' Ewes' Journals, Rev. Ed. Lond., 1628 pp. 380-402.) 140. Defeat of the Spanish Armada Somers' Tract* The Great Armada has given a theme to innumerable writers. Of these Sir Robert Carey, Earl of Monmouth, best among con- temporaries, condenses in a succinct yet vivid form the story of the futile attempt to conquer England. CAREY'S ACCOUNT OF THE ARMADA The next year (1588) the King of Spain's great Armado came upon our coast, thinking to devour us all. Upon the news sent to court from Plymouth of their certain arrival, my Lord Cumberland and myself took post horse, and rode straight to Portsmouth, where we found a frigate that car- ried us to sea ; and having sought for the fleets a whole day, the night after we fell amongst them; where it was our fortune to light first on the Spanish fleet; and finding our- selves in the wrong, we tacked about, and in some short time got to our own fleet, which was not far from the other. At our coming aboard our admiral, we stayed there awhile; but finding the ship much pestered, and scant of cabins, we left the admiral, and went aboard Captain Reyman, where we stayed, and were very welcome, and much made of. It was on Thursday that we came to the fleet. All that day we followed close the Spanish Armado, and nothing was at- tempted on either side ; the same course we held all Friday and Saturday, by which time the Spanish fleet cast anchor just before Calais. We likewise did the same, a very small distance behind them, and so continued till Monday morning about two of the clock ; in w r hich time our council of war had provided six old hulks, and stuffed them full of all com- bustible matter fit for burning, and on Monday, at two in the morning, they were let loose, with each of them a man in her to direct them. The tide serving, they brought them very near the Spanish fleet, so that they could not miss to come amongst the midst of them : then they set fire on them, and came off themselves, having each of them a little boat to bring him off. The ships set on fire came so directly to the Spanish fleet, as they had no way to avoid them, but to cut all their halsers, and so escape ; and their haste was such, 310 SOURCE-BOOK OF ENGLISH HISTORY that they left one of their four great galeasses on ground before Calais, which our men took, and had the spoil of, where many of the Spaniards were slain with the governor thereof, but most of them were saved with wading ashore to Calais. They being in this disorder, we made ready to follow them, where began a cruel fight, and we had such ad- vantage both of wind and tide, as we had a glorious day of them; continuing fight from four o'clock in the morning till almost five or six at night, where they lost a dozen or four- teen of their best ships, some sunk, and the rest run ashore in divers parts to keep themselves from sinking. After God had given us this great victory, they made all the haste they could away, and we followed them Tuesday and Wednesday, by which time they were gotten as far as Flamborough- head. It was resolved on Wednesday at night, that, by four o'clock on Thursday, we should have a new fight with them for a farewell ; but by two in the morning, there was a flag of council hung out in our vice-admiral, when it was found that in the whole fleet there was not municion sufficient to make half a fight; and therefore, it was there concluded, that we should let them pass, and our fleet to return to the Downs. That night we departed with them, we had a mighty storm. Our fleet cast anchor, and endured it; but the Spanish fleet, wanting their anchors, were many of them cast ashore on the west of Ireland, where they had all their throats cut by the kernes; and some of them on Scotland, where they were no better used; and the rest, with much ado, got into Spain again. Thus did God bless us, and gave victory over this invincible navy ; the sea calmed, and all our ships came to the Downs on Friday in safety. (Somers' Collection of Tracts, ed. cit., I, 445.) 141. The Armada Speech of Elizabeth Somers' Tracts The following speech of Elizabeth to Parliament is full of interest, not only for its subject matter, but also for the clear light which it throws upon the character of the queen. Her firmness, her finesse, her duplicity, and above all, her ability to manage men, can be read by the student of history in the public utterances of the great queen. A SPEECH MADE BY QUEEN ELIZABETH (OF FAMOUS MEMORY) IN PARLIAMENT, ANNO 1593: AND IN THE THIRTY-FIFTH YEAR OF HER REIGN, CONCERNING THE SPANISH INVASION. My Lords and Gentlemen, This kingdom hath had many wise, noble, and victorious ELIZABETH 3" princes; I will not compare with any of them in wisdom, fortitude, or any other virtues; but saving the duty of a child, that is not to compare with his father in love, care, sincerity, and justice, I will compare with any prince that ever you had, or shall have. It may be thought simplicity in me, that, all this time of my reign, I have not sought to advance my territories, and enlarge my dominions; for opportunity hath served me to do it. I acknowledge my womanhood and weakness in that respect; but though it hath not been hard to obtain, yet I doubted how to keep the things so obtained ; and I must say. my mind was never to invade my neighbours, or to usurp over any; I am contented to reign over my own, and to rule as a just princess. Yet the king of Spain doth challenge me to be the quar- reller, and the beginner of all these wars ; in which he doth me the greatest wrong that can be, for my conscience doth not accuse my thoughts, wherein I have done him the least injury; but I am persuaded in my conscience, if he knew what I know, he himself would be sorry for the wrong, that he hath done me. I fear not all his threatenings ; his great preparations and mighty forces do not stir me; for though he come against me with a greater power than ever was his invincible navy, I doubt not (God assisting me, upon whom I always trust) but that I shall be able to defeat and overthrow him. I have great advantage against him, for my cause is just. I heard say, when he attempted his last invasion, some upon the sea-coast forsook their towns, and flew up higher into the country, and left all naked and exposed to his en- trance : but, I swear unto you, if I knew those persons, or any that should do so hereafter, I will make them know and feel what it is to be so fearful in so urgent a cause. The subsidies you give me, I accept thankfully, if you give me your good wills with them ; but if the necessity of the time, and your preservations, did not require it, I would refuse them; but let me tell you that the sum is not so much, but that it is needful for a princess to have so much always lying in her coffers for your defence in time of need, and not to be driven to get it, when we should use it. You that be lieutenants and gentlemen of command in your countries, I require you to take care that the people be well armed, and in readiness upon all occasions. You that be judges and justices of the peace, I command and straightly 3i2 SOURCE-BOOK OF ENGLISH HISTORY charge you, that you see the laws to be duly executed, and that you make them living laws, when we have put life into them. (Somers' Collection of Historical Tracts, ed. cit., I, 463.) 142. Execution of Margaret Clitherow John Mush John Mush, who gives the following account, was an Eng- lish secular priest, who was ordained in Rome and then came to the English mission. He was several times imprisoned, and once sentenced to death, for his fearless defence of his faith, yet he finally died peacefully at an extreme old age. Margaret Clitherow was executed on the charge of treason in concealing attainted priests, although in the account of her death it is strongly intimated that she was martyred because she would not recant her faith. The martyr coming to the place, kneeled her down, and prayed to herself. The tormentors bade her pray with them, and they would pray with her. The martyr denied, and said, "I will not pray with you, and you shall not pray with me; neither will I say Amen to your prayers, nor shall you to mine." Then they willed her to pray for the Queen's ma- jesty. The martyr began in this order. First, in the hear- ing of them all, she prayed for the Catholic Church, then for the Pope's Holiness, Cardinals, and other Fathers which have charge of souls, and then for all Christian princes. At which words the tormentors interrupted her, and willed her not to put her majesty among that company, yet the martyr pro- ceeded in this order, "and especially for Elizabeth, Queen of England, that God turn her to the Catholic faith, and that after this mortal life she may receive the blessed joys of heaven. For I wish as much good," quoth she, "to her ma- jesty's soul as to mine own." Sheriff Gibson, abhorring the cruel fact, stood weeping at the door. Then said Faw- cet, "Mrs. Clitherow, you must remember and confess that you die for treason." The martyr answered, "No, no, Mr. Sheriff, I die for the love of my Lord Jesu" ; which last words she spake with a loud voice . . . The women took off her clothes, and put upon her the long habit of linen. Then very quietly she laid her down upon the ground, her face covered with a handkerchief, the linen habit being placed over her as far as it would reach, all the rest of her body being naked. The door was laid upon her, her hands she joined towards her face. Then the sheriff said, "Nay, you must have your hands bound." The ELIZABETH 313 martyr put forth her hands over the door still joined. Then two sergeants parted them, and with the inkle strings, which she had prepared for that purpose bound them to two posts, so that her body and her arms made a perfect cross. They willed her again to ask the Queen's Majesty's forgiveness, and to pray for her. The martyr said she had prayed for her. They also willed her to asked her husband's forgive- ness. The martyr said, "If ever I have offended him, but for my conscience, I ask him forgiveness." After this they laid weight upon her, which when she first felt, she said, "Jesu ! Jesu ! Jesu ! have mercy upon me !" which were the last words she was heard to speak. She was in dying one quarter of an hour. A sharp stone, as much as a man's fist, put under her back ; upon her was laid to the quantity of seven or eight hundred-weight at the least, which, breaking her ribs, caused them to burst forth of the skin. Thus most victoriously this gracious martyr overcame all her enemies, passing [from] this mortal life with marvel- lous triumph into the peaceable city of God, there to receive a worthy crown of endless immortality and joy. This was at nine of the clock, and she continued in the press until three at afternoon. Her hat before she died she sent to her husband, in sign of her loving duty to him as to her head. Her hose and shoes to her eldest daughter, Anne, about twelve years old, signifying that she should serve God and follow her steps of virtue. (The Troubles of Our Catholic Forefathers Related by Themselves, p. 430 et seq. Mr. John Mush's Life of Margaret Clitherow, London, 1877.) 143. Death of Elizabeth Somers^ Tracts The death of Queen Elizabeth closed the Tudor dynasty, the most brilliant completed period of English history. The ac- count given is of especial interest for the portion concerning the act of the dying sovereign in relation to the succession to the throne. Other contemporary writers deny the intention of Elizabeth to appoint James of Scotland as her successor ; and even if the account selected is true, the claim that James was absolutely named by Elizabeth as her heir was evidently largely founded on imagination and desire. SOURCE-BOOK OF ENGLISH HISTORY THE DEATH OF QUEEN ELIZABETH, WITH HER DECLARATION OF HER SUCCESSOR About the Friday sevenight after Christmas last, being about the I4th of January, 1602, in the 45th year of her reigne, the late queen about two days before sickened of a colde, (being ever forewarned by Doctor Dee, to beware of White-hall,) and the said I4th day removed to Richmond; but a little before her going, even the same morning, the Earle of Nottingham, high admirale of England, coming to her, partly to speake with her as concerning her removall, and partly touching other matters, wherein her pleasure and direction was to be knowne, they fell into some speech of the succession; and then she told him that her seate had been ever the throne of kings, and none but her next heir of blood and descent should succeed her. After falling into other matters, they left that speech, and she departed to Richmond ; where she was well amended of the cold. But on Monday the 2Oth of February, she begann to sicken againe, and so continued till Monday the 7th of March, at which time notice was given to the lords of the councell, that she was sick of a cold, and so she continued sick till Tuesday the I5th of March following; after which day she began somewhat to amend. But the i8th of March follow- ing being Friday, she began to be very ill, whereupon the lords of the councell were sent for to Richmond, and there continued till Wednesday the 24th of March, about three of the clock in the morning (being our Lady even) at which time she died; but on Tuesday before her death, being the 23d of March, the lord admirall being on the right side of the bed, the lord keeper at the left, and Mr. Secretary Cecill (after Earle of Salisbury) at the beds feete; all standing. The lord admirall put her in mind of her speech, con- cerning the succession, had at White-hall ; and that they, in the name of all the rest of her councell, came unto her to knowe her pleasure who should succeede. Whereunto she thus replyed : "I told you my seat had been the seat of kings, and I will have no rascall to succeed me, and who should succeed me, but a king?" The lords not understanding this darke speech, and look- ing the one on the other, at length Mr. Secretary boldly asked her, what she meant by these words, "That no rascall should succeed her ?" whereunto she replyed, "That her mean- ELIZABETH 31 5 ing was, that a king should succeed her, and who," quoth she. "should that be, but our cozen of Scotland." They asked her whether that were her absolute resolution ? whereunto she answered, "I pray you trouble me no more, I'll have none but him" ; with which answer they departed. Notwithstanding, after again, about four a clock in the afternoon, the next day, being Wednesday, (after the arch- bishopp of Canterbury and other divines had been with her, and left her in a manner speechlesse), the three lords afore- said repaired unto her againe, asking her if she remained in her former resolution, and who should succeed her; but she not being able to speak, was asked by Mr. Secretary in this sort, wee beseech your majesty if you remaine in your former resolution, and that you would have the King of Scots to succeed you in your kingdom, shewe some sign unto us; whereat suddenly heaveing herself upwards in the bed, and putting her arms out of bed, she held both her hands jointly together over her head in manner of a crown, where- by as they guessed she signified, that she did not only wish him the kingdome, but desired the continuance of his estate, after which they departed. And the next morning (as is aforesaid) she dyed. Im- mediately after her death, all the lords, as well of the councell as other noblemen that were at the courte, came from Rich- mond to White-hall by six o'clock in the morning, where other noblemen that were at London met them ; but as they began to sitt in councell in the privy chamber at White-hall, the lord keeper, (Sir Thomas Egerton,) and the rest of the coun- cell that were no barons, offered to sitt at the lower end of the councell table, and not above any of the meanest nobility : but the noblemen, in respect of their former authority, called them to the higher end of the table, and wished them to keepe their places ; whereunto the lord keeper answered, viz. If it be your lordshipps pleasure, wee will do so, but that is more of your courtesies then we can demand of duty; and so they sat downe, every man according to his degree in councell; touching the succession, where after some speech had of divers competitors and matters of state, at length the lord admirall rehearsed all the aforesaid premisses, which the late queen had spoken to him, and to the lord keeper, and Mr. Secretary, with the manner thereof; which they being asked, did affirme to be true upon their honours. (Somers* Collection of Historical Tracts, ed. cit., I, 246.) CHAPTER XIX ELIZABETHAN SEAMEN 144. Hawkins' Third Voyage Hakluyl The activities of the Elizabethan seamen who bore the banner of England north, south, and west, and defied the power of Spain, the then lord of the New World, found their historian in RICHARD HAKLUYT (circa 1553-1616). The greatest of his works is The Principal Navigations, Voyages, Traffiqucs, and Discoveries of the English Nation (London, 1598-1600). "It is an invaluable treasure of material for the history of geographical discovery and colonization." Various editions are accessible. I have selected four accounts of voyages, each typical of the enter- prise of the sea-rovers, who traversed many oceans in quest of slaves, treasure, discovery of a passage to Cathay, or spots on which to found colonies. The first of these voyages is that of Sir John Hawkins, told by that seaman himself. John Hawkins (circa 1532-1595) was Vice-Admiral in the time of the Armada, and before that day had been untiring in voyages of exploration. These were often extremely lucrative, as he secured large cargoes of slaves. His third voyage, of which the following is the ac- count, is illustrative of one of the expeditions made for the latter purpose. In this traffic he did not stand alone among his con- temporaries. The Third troublesome Voyage made with the Jesus of Lubeck, the Minion, and four other ships, to the parts of Guinea and the West Indies, in the years 1567 and 1568, by Master JOHN HAWKINS. The ships departed from Plymouth, the 2nd day of Oc- tober, Anno 1567, and had reasonable weather until the seventh day. At which time, forty leagues north from Cape Finisterre, there arose an extreme storm, which continued four days, in such sort, that the fleet was dispersed, and all our great boats lost ; and the Jesus, our chief ship, in such case as not thought able to serve the voyage. Whereupon in the same storm we set our course homeward, determining to give over the voyage. But the eleventh day of the same month, the wind changed with fair weather, whereby we 316 ELIZABETHAN SEAMEN 317 were animated to follow our enterprise, and so did, directing our course with the islands of the Canaries, where, accord- ing to an order before prescribed, all our ships before dis- persed, met at one of those islands, called Gomera, where we took water, and departed from thence on the 4th day of No- vember, towards the coast of Guinea, and arrived at Cape Verde, on the i8th day of November: where we landed 150 men, hoping to obtain some negroes, where we got but few, and those with great hurt and damage to our men, which chiefly proceeded of their envenomed arrows. And although in the beginning they seemed to be but small hurts, yet there hardly escaped any that had blood drawn of them, but died in strange sort, with their mouths shut some ten days before they died, and after their wounds were whole ; where I myself had one of the greatest wounds, yet, thanks be to God, escaped. From thence we passed the time upon the coast of Guinea, searching with all diligence the rivers from Rio Grande unto Sierra Leone, till the I2th of January, in which time we had not gotten together a hundred and fifty negroes. Yet notwithstanding, the sickness of our men and the late time of the year commanded us away : and thus having noth- ing wherewith to seek the coast of the West Indies, I was with the rest of our company in consultation to go to the coast of the Mine, hoping there to have obtained some gold for our wares, and thereby to have defrayed our charge. But even in that present instant, there came to us a negro, sent from a king, oppressed by other kings his neighbours, desiring our aid, with promise that as many negroes as by these wars might be obtained, as well of his part as of ours, should be at our pleasure. Whereupon we concluded to give aid, and sent 120 of our men, which on the I5th of January assaulted a town of the negroes of our ally's adversaries, which had in it 8,000 inhabitants, being very strongely im- paled and fenced after their manner. But it was so well de- fended, that our men prevailed not, but lost six men and forty hurt : so that our men sent forthwith to me for more help. Whereupon, considering that the good success of this en- terprise might highly further the commodity of our voyage, I went myself, and with the help of the king of our side, as- saulted the town, both by land and by sea and very hardly with fire (their houses being covered with dry palm leaves) obtained the town and put the inhabitants to flight, where we took 250 persons, men, women, and children, and by our friend the king of our side, there were taken 600 prisoners, 318 SOURCE-BOOK OF ENGLISH HISTORY whereof we hoped to have had our cho : ce. But the negro (in which nation is seldom or never found truth) meant nothing less: for that night he removed his camp and prison- ers, so that we were fain to content us with those few which we had gotten ourselves. Now had we obtained between four and five hundred negroes, wherewith we thought it somewhat reasonable to seek the coast of the West Indies ; and there, for our negroes, and other our merchandise, we hoped to obtain whereof to countervail our charges with some gains. Whereunto we proceeded with all diligence, furnished our watering, took fuel, and departed the coast of Guinea on the 3d of February, continuing at the sea with a passage more hard than before hath been accustomed till the 27th day of March, which day we had sight of an island, called Dominica, upon the coast of the West Indies, in fourteen degrees. From thence we coasted from place to place, making our traffic with the Spaniards as we might, somewhat hardly, because the king had straitly commanded all his governors in those parts by no means to suffer any trade to be made with us. Notwithstanding, we had reasonable trade, and courteous entertainment, from the Isle of Margarita unto Cartagena, without anything greatly worth the noting, saving at Capo de la Vela, in a town called Rio de la Hacha, from whence come all the pearls. The treasurer, who had the charge there, would by no means agree to any trade, or suffer us to take water. He had forti- fied his town with divers bulwarks in all places where it might be entered, and furnished himself with an hundred arquebusiers, so that he thought by famine to have inforced us to have put on land our negroes. Of which purpose he had not greatly failed, unless we had by force entered the town; which (after we could by no means obtain his favour) we were enforced to do, and so with two hundred men brake in upon their bulwarks, and entered the town with the loss only of two men of our part, and no hurt done to the Span- iards, because after their volley of shot discharged, they all fled. Thus having the town with some circumstance, as partly by the Spaniards' desire of negroes, and partly by friendship of the treasurer, we obtained a secret trade : whereupon the Spaniards resorted to us by night, and bought of us to the number of 200 negroes. In all other places where we traded the Spanish inhabitants were glad of us and traded willingly. (Hakiuyt, ed. by J. A. Payne in I'oyages of the Elizabethan Seamen Lond. 1880. p. 52.) ELIZABETHAN SEAMEN 319 145. Drake's famous Voyage Hakluyt Sir Francis Drake (circa 1545-1595) began his naval career as a chaplain and died an admiral. His greatest voyage was that around the world, begun in 1577. This was made in the ship The Golden Hind, which Elizabeth ordered to be forever pre- served as a monument of the glory of the navigators and the country. Drake's circumnavigation of the world was but one of many successful voyages. In these days, when piracy and robbery are not the necessary accompaniments of exploration, his exploits appear well-nigh incredible. Yet there is good evidence of the truth of the tales of towns sacked, galleons plundered, and treasures of silver, gold, and jewels secured. Above all seamen of his time, Drake bearded the Spanish power and tore from it the mastery of the seas. The voyage given is from the pen of one who himself sailed with Drake. It well illustrates the progress of the second great incentive to English exploration in the sixteenth century, the plunder of the Spaniard. NARRATIVE OF FRANCIS PRETTY The Famous Voyage of Sir FRANCIS DRAKE, into the South Sea, and therehence about the whole globe of the earth, begun in the year of our Lord, 1577. On the 1 5th day of November, in the year of our Lord 1577, Mr. Francis Drake, with a fleet of five ships and barques, and to the number of 164 men, gentlemen and sailors, departed from Plymouth. . . . On the I7th of August we departed the port of St. Julian, and on the 2Oth we fell in with the Straits of Magellan, going into the South Sea, at the cape or headland whereof we found the body of a dead man, whose flesh was clean con- sumed. On the 2 ist day we entered the Straits . . . We con- tinuing our course, fell the 29th of November with an island called La Mocha. . .the next day repairing again to the shore, and sending two men to land with barrels to fill water, the people taking them for Spaniards (to whom they use to show no favor if they take them) laid violent hands on them, and, as we think, slew them. Our General seeing this, stayed here no longer, but weighed anchor, and set sail towards the coast of Chili, and drawing towards it, we met near to the shore an Indian in a Canoe, who thinking us to have been Spaniards, came to us and told us, that at a place called Santiago, there was a great Spanish ship laden from the kingdom of Peru, for which good news our General gave him divers trifles. Whereof he 320 SOURCE-BOOK OF ENGLISH HISTORY was glad, and went along with us and brought us to the place, which is called the port of Valparaiso. When we came thither we found, indeed, the ship riding at anchor, having in her eight Spaniards and three negroes, who, thinking us to have been Spaniards, and their friends, welcomed us with a drum, and made ready a Bottija of wine of Chili to drink to us. But as soon as we were entered, one of our company called Thomas Moon began to lay about him, and struck one of the Spaniards, and said unto him, "Abaxo perro !" that is in English, "Go down, dog !" One of these Spaniards, see- ing persons of that quality in these seas, all to crossed and blessed himself. But, to be short, we stowed them under hatches, all save one Spaniard, who suddenly and desperately leapt over-board into the sea, and swam ashore to the town of Santiago, to give them warning of our arrival. They of the town being not above nine households, pres- ently fled away and abandoned the town. Our General manned his boat and the Spanish ship's boat and went to the town, and being come to it, we rifled it, and came to a small chapel, which we entered, and found therein a silver chalice, two cruets, and one altar-cloth, the spoil whereof our Gen- eral gave to Mr. Fletcher, his minister. We found, also in this town a warehouse stored with wine of Chili and many boards of cedar- wood, all which wine we brought away with us, and certain of the boards to burn for firewood. And so, being come aboard, we departed the haven, having first set all the Spaniards on land, saving one John Griego, a Greek born, whom our General carried with him as pilot to bring him into the haven of Lima. When we were at sea our General rifled the ship, and found in her good store of the wine of Chili, and 25,000 pesos of very pure and fine gold of Valdivia, amounting in value to 37,000 ducats of Spanish money, and above. So, going on our course, we arrived next at a place called Co- quimbo, where our General sent fourteen of his men on land to fetch water. But they were espied by the Spaniards, who came with 300 horsemen and 200 footmen, and slew one of our men with a piece. The rest came aboard in safety, and the Spaniards departed. We went on shore again and buried our man, and the Spaniards came down again with a flag of truce; but we set sail, and would not trust them. From hence we went to a certain port called Tarapaca, where, being landed, we found by the sea a Spaniard lying asleep, who had lying by him thirteen bars of silver, which weighed ELIZABETHAN SEAMEN 321 4,000 ducats Spanish. We took the silver and left the man. Not far from hence, going on land for fresh water, we met with a Spaniard and an Indian boy driving eight llamas or sheep of Peru, which are as big as asses; everyone of which sheep had on his back two bags of leather, each bag contain- ing 50 Ibs. weight of fine silver. So that, bringing both the sheep and their burthen to the ship, we found in all the bags 800 weights of silver. Herehence we sailed to a place called Arica, and, being entered the haven, we found there three small barques, which we rifled, and found in one of them fifty-seven wedges of silver, each of them weighing about 20 Ibs. weight, and every of these wedges were of the fashion and bigness of a brick- bat. In all these three barques we found not one person. For they, mistrusting no strangers, were all gone on land to the town, which consisteth of about twenty houses, which we would have ransacked if our company had been better and more in number. But our General, contented with the spoil of the ships, left the town and put off again to sea, and set sail for Lima, and, by the way, met with a small barque, which he boarded, and found in her good store of linen cloth. Whereof taking some quantity, he let her go. To Lima we came on the I3th of February, and, being entered the haven, we found there about twelve sail of ships lying fast moored at anchor, having all their sails carried on shore ; for the masters and merchants were here most secure, having never been assaulted by enemies, and at this time feared the approach of none such as we were. Our General rifled these ships, and found in one of them a chest full of reals of plate, and good store of silks and linen cloth, and took the chest into his own ship, and good store of silks and linen. In which ship he had news of another ship called the Cacafuego, which was gone towards Payta, and that the same ship was laden with treasure. Whereupon we stayed no longer here, but, cuting all the cables of the ships in the haven, we let them drive whither they would, either to sea or to the shore, and with all speed we followed the Cacafuego toward Payta, thinking there to have found her ; but before we arrived there she was gone from thence towards Panama, whom our General still pursued, and by the way met with a barque laden with ropes and tackle for ships, which he boarded and searched, and found in her 80 Ibs. weight of gold, and a crucifix of gold with goodly great emeralds set in it, which he took, and some of the cordage also for his own ship. 322 SOURCE-BOOK OF ENGLISH HISTORY From hence we departed, still following the Cacafuegc; and our General promised our company that whosoever should first descry her should have his chain of gold for his good news. It fortuned that John Drake, going up into the top, descried her at about three o'clock, and at about six o'clock we came to her and boarded her, and shot at her three pieces of ordnance, and struck down her mizen, and, being entered, we found in her great riches, as jewels and precious stones, thirteen chests full of reals of plate, four- score pounds weight of gold, and six-and-twenty tons of silver. The place where we took this prize was called Cape de San Francisco, about 150 leagues from Panama. The pilot's name of this ship was Francisco, and amongst other plate that our General found in this ship he found two very fair gilt bowls of silver, which were the pilot's, to whom our General said, " Senor Pilot, you have here two silver cups ; but I must needs have one of them," which the pilot, because he could not otherwise choose, yielded unto, and gave the other to the steward of our General's ships. When this pilot departed from us, his boy said thus unto our General, "Cap- tain, our ship shall be called no more the Cacafuego, but the Cacaplata, and your ship shall be called the Cacafuego," which pretty speech of the pilot's boy ministered matter of laughter to us, both then and long after. When our General had done what he would with this Cacafuego, he cast her off, and we went on our course still towards the west, and not long after met with a ship laden with linen cloth and fine China dishes of white earth, and great store of China silks, of all which things we took as we listed. The owner himself of this ship was in her, who was a Spanish gentle- man, from whom our General took a faulcon of gold, with a great emerald in the breast thereof; and the pilot of the ship he took also with him, and so cast the ship off. This pilot brought us to the haven of Aguatulco, the town whereof, as he told us, had but seventeen Spaniards in it. As soon as we were entered this haven, we landed, and went presently to the town and to the Town-house, where we found a judge sitting in judgment, being associated with three other officers, upon three negroes that had conspired the burning of the town. Both which judges and prisoners we took, and brought them a-shipboard, and caused the chief judge to write his letter to the town to command all the townsmen to avoid, that we might safely water there, which being done, and they departed, we ransacked the town, and ELIZABETHAN SEAMEN 3*3 in one house we found a pot, of the quantity of a bushel, full of reals of plate, which we brought to our ship. And here one Thomas Moon, one of our company, took a Spanish gentlemen as he was flying out of the town, and, searching him, he found a chain of gold about him, and other jewels, which he took, and so let him go. At this place our General, among other Spaniards, set ashore his Portuguese pilot which he took at the Islands of Cape Verde out of a ship of St. Mary Port, of Portugal ; and having set them ashore we departed hence, and sailed to the Island of Canno, where our General landed, and brought to shore his own ship, and dis- charged her, mended and graved her, and furnished our ship with water and wood sufficiently On the 5th of June, being in forty-three degrees towards the Arctic Pole, we found the air so cold, that our men being grievously pinched with the same, complained of the ex- tremity thereof, and the further we went, the more the cold increased upon us. Whereupon we thought it best for that time to seek the land, and did so, finding it not mountainous, but low plain land, till we came within thirty-eight degrees towards the line. In which height it pleased God to send us into a fair and good bay, with a good wind to enter the same. In this bay we anchored, and the people of the country having their houses close by the waterside, shewed themselves unto us, and sent a present to our General. When they came unto us, they greatly wondered at the things that we brought, but our General (according to his natural and accustomed hu- manity) courteously entreated them, and liberally bestowed on them necessary things to cover their nakedness, where- upon they supposed us to be gods, and would not be pur- suaded to the contrary : the presents which they sent to our General, were feathers, and cauls of net-work. Their houses were digged round about with earth, and have from the utter- most brims of the circle, clifts of wood set upon them, joined close together at the top like a spire steeple, which by reason of that closeness are very warm. Their bed is the ground with rushes strewed on it, and lying about the house, they have the fire in the midst. The men go naked, the women take bulrushes, and comb them after the manner of hemp, and thereof make their loose garments, which being knit about their middles, hang down about their hips, having also about their shoulders a skin of deer, with the hair upon it. These women are very obedient and serviceable to their husbands. . 324 SOURCE-BOOK OF ENGLISH HISTORY Our General called this country New Albion, and that for two causes, the one in respect of the white banks and cliffs, which lie towards the sea, and the other, because it might have some affinity with our country in name, which some- times was so called. There is no part of earth here to be taken up, wherein there is not probable show of gold or silver. . . . When we had ended our business here we weighed, and set sail to run for the Moluccas; but having at that time a bad wind, and being amongst the islands, with much diffi- culty we recovered to the northward of the island of Celebes, where by reason of contrary winds, not able to continue our course to run westwards, we were enforced to alter the same to the southward again, finding that course also to be very hard and dangerous for us, by reason of infinite shoals which lie off and among the islands ; whereof we had too much trial to the hazard and danger to our ship and lives. For, of all other days, upon the Qth of January, in the year 1580, we ran suddenly upon a rock, where we stuck fast from eight o'clock at night till four o'clock in the afternoon the next day, being indeed out of all hope to escape the danger ; but our General as he had always hitherto shewed himself courageous, and of a good confidence in the mercy and pro- tection of God ; so now he continued in the same, and lest he should seem to perish wilfully, both he and we did our best endeavour to save ourselves, which it pleased God so to bless, that in the end we cleared ourselves most happily of the danger. We lightened our ship upon the rocks of three tons of cloves, eight pieces of ordnance, and certain meal and beans ; and then the wind (as it were in a moment by the special grace of God) changing from the starboard to the larboard of the ship, we hoisted our sails, and the happy gale drove our ship off the rock, into the sea again, to the no little comfort of all our hearts, for which we gave God such praise and thanks, as so great a benefit required. On the 8th of February following, we fell in with the fruitful island of Barateue, [Borneo] having in the mean time suffered many dangers by winds and shoals. . . . At our departure from Barateue, we set our course for Java Major, [Java] where arriving, we found great cour- tesy, and honourable entertainment. . . . Not long before our departure, they told us that not far off there were such great ships as ours, wishing us to be- ELIZABETHAN SEAMEN 325 ware; upon this our captain would stay no longer. From Java Major we sailed for the Cape of Good Hope, which was the first land we fell in withal ; neither did we touch with it, or any other land, until we came to Sierra Leone, upon the coast of Guinea; notwithstanding we ran hard aboard the Cape, finding the report of the Portuguese to be most false, who affirm that it is the most dangerous Cape of the world, never without intolerable storms and present danger to travellers which come near the same. This Cape is a most stately thing, and the fairest Cape we saw in the whole circumference of the earth, and we passed by it on the 1 8th of June. From thence we continued our course to Sierra Leone, on the coast of Guinea, where we arrived on the 22nd of July, and found necessary provisions, great store of elephants, oysters upon trees of one kind, spawing and in- creasing infinitely, the oyster suffering no bud to grow. We departed thence on the 24th day. We arrived in England on the 3rd of November, 1580, being the third year of our departure. (Hakluyt, ed. cit., p. 145.) 146. Frobisher's First Voyage Hakluyt Sir Martin Frobisher (1535-1594) was distinctively the navi- gator of the time of Elizabeth in whom Columbus' desire to discover a short passage to Cathay found expression. Through this, the third great incentive to English exploration, he made voyage after voyage to the northern coast of America. The ac- count of George Best, one of those who accompanied Frobisher on his first voyage, well illustrates the character of the expedi- tion, and also gives us a view of the speculative fever that burned in the veins of Englishmen. To these the pyrites well termed "fools' gold" brought back by Frobisher, opened visions of treasure surpassing that of the fabled city of Manoa. NARRATIVE BY GEORGE BEST Which thing being well considered, and familiarly known to our general Captain Frobisher, as well for that he is thoroughly furnished of the knowledge of the sphere and all other skills appertaining to the art of navigation; as also for the confirmation he hath of the same by many years' experience both by sea and land, and being persuaded of a new and nearer passage to Cathay than by Capo de Buona Speranqa, which the Portuguese yearly use : he began first with himself to devise, and then with his friends to confer, and laid a plain plot unto them that that voyage was not only 326 SOURCE-BOOK OF ENGLISH HISTORY possible by the north-west, but also, he could prove, easy to be performed, . . . He prepared two small barques of twenty and five-and- twcnty tons a-piece, wherein he intended to accomplish his pretended voyage. Wherefore, being furnished with the forsaid two barques, and one small pinnace of ten tons bur- den, having therein victuals and other necessaries for twelve months' provision, he departed upon the said voyage from Blackwall, on the I5th of June, anno domini 1576. . . . . . . And on the 2Oth of July he had sight of an high land, which he called Queen Elizabeth's Foreland, after her Ma- jesty's name. And sailing more northerly along that coast, he descried another foreland, with a great gut, bay, or pas- sage, dividing as it were two main lands or continents asun- der. There he met with store of exceeding great ice all this coast along, and coveting still to continue his course to the northwards, was always by contrary winds detained over- thwart these straits, and could not get beyond. Within a few days after, he perceived the ice to be well consumed and gone, either there engulfed in by some swift currents or in- drafts, carried more to the southwards of the same straits, or else conveyed some other way; wherefore he determined to make proof of this place, to see how far that gut had con- tinuance, and whether he might carry himself through the same into some open sea on the back-side, whereof he con- ceived no small hope; and so entered the same on the 2ist day of July, and passed above fifty leagues therein, as he re- ported, having upon either hand a great main of con- tinent. . . . And it is especially to be remembered that at their first arrival in those parts there lay so great store of ice all the coast along, so thick together, that hardly his boat could pass unto the shore. At length, after divers attempts, he com- manded his company, if by any possible means they could get ashore, to bring him whatsoever thing they could first find, whether it were living or dead, stock or stone, in token of Christian possession, which thereby he took in behalf of the Queen's Most Excellent Majesty, thinking that thereby he might justify the having and enjoying of the same things that grew in these unknown parts. Some of his company brought flowers, some green grass, and one brought a piece of black stone, much like to a sea coal in colour, which by the weight seemed to be some kind of metal or mineral. This was a thing of no account in the ELIZABETHAN SEAMEN 327 judgment of the captain at first sight; and yet for novelty it was kept in respect of the place from whence it came. After his arrival in London, being demanded of sundry his friends what thing he had brought them home out of that country, he had nothing left to present them withal but a piece of this black stone. And it fortuned a gentlewoman, one of the adventurers' wives, to have a piece thereof, which by chance she threw and burned in the fire, so long, that at the length being taken forth and quenched in a little vinegar, it glistered with a bright marquesite of gold. Whereupon the matter being called in some question, it was brought to certain gold-finers in London to make assay thereof, who gave out that it held gold, and that very richly for the quan- tity. Afterwards the same gold-finers promised great mat- ters thereof if there were any store to be found and offered themselves to adventure for the searching of those parts from whence the same was brought. Some that had great hope of the matter sought secretly to have a lease at Her Majesty's hands of those places, whereby to enjoy the mass of so great a public profit unto their own private gains. (Hakluyt, ed. cit., p. 64.) 147. The Beginnings of American Colonization Hakluyt In 1584 Sir Walter Raleigh fitted out an expedition for the purpose of exploration with a view to establishing a colony. This resulted in the discovery of a country which was afterward known as Virginia. The extract given was written by Arthur Barlowe, one of the captains of the expedition, and by him sent to Raleigh. The account is more picturesque than accurate, but is interesting as illustrating the fourth of the great incentives to the sea-rovers of the Elizabethan era the incentive of coloniza- tion. FIRST VOYAGE TO VIRGINIA (1584) The 27th day of April, in the year of our redemption, 1584, we departed the West of England, with two barks well furnished with men and victuals, having received our last and perfect directions by your letters, confirming the former instructions and commandments delivered by your- self at our leaving the river of Thames. And I think, in a matter both unneccessary, for the manifest discovery of the Country, as also for tediousness sake, to remember unto you the diurnal of our course, sailing thither and returning ; only I have presumed to present unto you this brief discourse, by 328 SOURCE-BOOK OF ENGLISH HISTORY which you may judge how profitable this land is like to succeed, as well to yourself (by whose direction and charge, and by whose servants this our discourse hath been per- formed) as also to her Highness, and the Commonwealth, in which we hope your wisdom will be satisfied, considering that as much by us hath been brought to light, as by those small means, and number of men we had, could any way have been expected, or hoped for. The tenth of May we arrived at the Canaries, and the tenth of June in this present year, we were fallen with the Islands of the West Indies. . . . The second of July, we found shoal water, where we smelt so sweet and so strong a smell, as if we had been in the midst of some delicate garden abounding with all kinds of odorif- erous flowers, by which we were assured, that the land could not be far distant: and keeping good watch, and bearing good slack sail, the fourth of the same month we arrived upon the coast, which we supposed to be a continent and firm land, and we sailed along the same a hundred and twenty English miles before we could find any entrance, or river issuing into the sea. The first that appeared unto us, we entered, though not without some difficulty, and cast anchor about three arquebus-shot within the haven's mouth, on the left hand of the same ; and after thanks given to God for our safe arrival thither, we manned our boats, and went to view the land next adjoining, and "to take possession of the same, in the right of the Queen's most excellent Majesty, as rightful Queen, and Princess of the same, and after de- livered the same over to your use, according to her Majesty's grant, and letters patent, under her Highness' Great Seal. Which being performed, according to the ceremonies used in such enterprises, we viewed the land about us, being, whereas we first landed, very sandy and low towards the water's side, but so full of grapes, as the very beating and surge of the sea overflowed them. . . . We passed from the sea side towards the tops of those hills next adjoining, being but of mean height, and from thence we beheld the sea on both sides to the north, and to the south, finding no end any of both ways. This land lay stretching itself to the west, which after we found to be but an island of twenty miles long, and not above six miles broad. Under the bank or hill whereon we stood, we beheld the valleys replenished with goodly cedar trees, and having discharged our harquebus-shot, such a flock of cranes (the ELIZABETHAN SEAMEN 329 most part white) arose under us, with such a cry redoubled by many echoes, as if an army of men had shouted all together. The islands had many goodly woods full of deer, conies, hares, and fowl, even in the midst of summer in incredible abundance. The woods are not such as you find in Bohe- mia, Moscovia, or Hercynia, barren and fruitless, but the highest and reddest of cedars in the world, far bettering the cedars of the Azores, of the Indies, or Libanus; pines, cypress, sassafras, the lentiscus, or the tree that beareth the mastic, the tree that beareth the rinde of black cinammon, of which Master Winter brought from the Straits of Magel- lan, and many other of excellent smell and quality. We re- mained by the side of the Islands two whole days before we saw any people of the country: the third day we espied one small boat rowing towards us, having in it three persons: this boat came to the Island side, four arquebus-shot from our ships, and there two of the people remaining, the third came along the shoreside towards us, and we being then all within board, he walked up and down upon the point of the land next unto us : then the master and the pilot of the Ad- miral, Simon Ferdinando, and the Captain Philip Amadas, myself, and others rowed to the land, whose coming this fel- low attended, never making any show of fear or doubt. And after he had spoken of many things not understood by us, we brought him with his own good liking, aboard the ships, and gave him a shirt, a hat, and some other things, and made him taste of our wine, and our meat, which he liked very well : and after having viewed both barks, he departed, and went to his own boat again, which he had left in a little cove or creek adjoining: as soon as he was two bow shot into the water, he fell to fishing, and in less than half an hour, he had laden his boat as deep, as it could swim, with which he came again to the point of land, and there he divided his fish into two parts, appointing one part to the ship, and the other to the pinnace: which, after he had (as much as he might) requited the former benefits received, departed out of our sight. The next day there came unto us divers boats, and in one of them the King's brother, accompanied with forty or fifty men, very handsome and goodly people, and in their be- havior as mannerly and civil as any in Europe. His name was Granganimeo, and the king is called Wingina, the coun- try Wingandacoa, and now by her Majesty Virginia. . . . 330 SOURCE-BOOK OF ENGLISH HISTORY The soil is very plentiful, sweet, fruitful and wholesome of all the world: there are about fourteen several sweet smell- ing timber trees, and most part of their underwoods are bays, and such like: They have those oaks that we have, but far greater and better. After they had been divers times aboard our ships, myself, with seven more went twenty mile into the river, that runneth toward the city of Skicoak, which river they call Occam : and the evening following, we came to an island, which they call Roanoak, distant from the harbor by which we entered, seven leagues: and at the north end thereof there was a village of nine houses, built of cedar, and fortified round about with sharp trees, to keep out their enemies, and the entrance into it made like a turn- pike very artifically. . . . Beyond this island there is the main land, and over against this island falleth into this spacious water, the great river called Occam by the inhabitants, on which stancleth a town called Pomeiock, and six days journey from the same is situated their greatest city, called Skicoak, which this people affirm to be very great : but the savages were never at it; only they speak of it by the report of their fathers and other men, whom they have heard affirm it to be about one hour's journey about. Into this river falleth another great river, called Cipo, in which there is found great store of muscles in which there are pearls : likewise there descendeth into this Occam, another river, called Nomopana. . . . Towards the Southwest, four day's journey is situated a town called Sequotan, which is the southermost town of Wingandacoa, near unto which, six and twenty years past, there was a ship cast away, whereof some of the people were saved, and those were white people, whom the country people preserved . . . other than these, there was never any people apparelled, or white of colour, either seen, or heard of amongst these people, and these aforesaid were seen only by the inhabitants of Secotan, which appeared to be very true, for they wondered marvelously when we were amongst them at the whiteness of our skins, ever coveting to touch our breasts, and to view the same. Besides they had our ships in marvelous admiration and all things else were so strange unto them, as it appeared that none of them had ever seen the like. When we discharged any piece, were it but an arquebus, they would tremble thereat for very fear, and for the strangeness of the same: for the weapons which ELIZABETHAN SEAMEN 331 themselves use are bows and arrows: the arrows are but of small canes, headed with a sharp shell or tooth of a fish sufficient enough to kill a naked man. Their swords be of wood hardened : likewise they use wooden breastplates for their defence. They have beside a kind of club, in the end whereof they fasten the sharp horns of a stag, or other beast. When they go to wars they carry about with them their idol, of whom they ask counsel, as the Romans were wont of the oracle of Apollo. They sing songs as they march towards the battle instead of drums and trumpets: their wars are very cruel and bloody, by reason whereof and of their civil dissensions which have happened of late years amongst them, the people are marvelously wasted, and in some places the country left desolate Beyond this island called Roanoak, are main islands very plentiful of fruits and other natural increases, together with many towns, and villages, along the side of the continent, some bounding upon the islands, and some stretching up further into the land. . . . Thus Sir, we have acquainted you with the particulars of our discovery made this present voyage, as far forth as the shortness of the time we were continued would afford us to take views of: and so contenting ourselves with this service at this time, which we hope hereafter to enlarge, as occasion and assistance shall be given, we resolved to leave the country, and to apply ourselves to return for England, which we did accordingly, and arrived safely in the west of England about the middle of September. (Ed. from Hakluyt, The Principal Navigations, etc., Lond., 1598-1600.) PART VI THE STRUGGLE FOR CONSTITU- TIONAL GOVERNMENT (1603-1688) 333 CHAPTER XX THE REIGN OF JAMES I. 148. Coronation Oath of James I. Tanner MSS. The following oath should be compared with that taken by Edward II., four centuries earlier (No. 89). In that space of four centuries, with all the tremendous changes in ecclesias- tical organization, the coronation oaths of the sove'reigns of Eng- land altered but little ; yet in comparing those instanced, we find sufficient difference to indicate that the king had taken the place which the Pope once held, and that the Church of the State was no longer the child of Rome. Archbishop. Sir, will you grant and keep and by your oath confirm to your people of England the laws and customs to them granted by the' kings of England your lawful and re- ligious predecessors ; and namely the laws, customs and franchises granted to clergy and to the people by the glorious king, St. Edward, your predecessor, according and con- formable to the laws of God and true profession of the gospel established in this kingdom, and agreeing to the prerogatives of the kings thereof and to the ancient customs of this realm ? King. I grant and promise to keep them. A. Will you keep peace and agreement entirely, according to your power, both to God, the holy church, the clergy and the people ? K. I will keep it. A. Will you to your power cause law, justice and discre- tion in mercy and truth to be executed in all your judg- ments ? K. I will. A. Sir, will you grant to hold and keep the laws and right- ful customs which the commonalty of your kingdom ha\ne, and to defend and uphold them to the honour of God, so much as in you lieth? K. I grant and promise so to do. 335 336 SOURCE-BOOK OF ENGLISH HISTORY Sequitur admonitio episcoporum, etc. Our lord and king, we beseech you to grant and preserve unto us and every one of us and the churches committed to our charge all canonical privileges and due law and justice, and that you would protect and defend us as every good king in his kingdom ought to be a protector and defender of the bishops and churches under their government. K. With a willing and devout heart I promise and grant that I will preserve and maintain to you and every of you and the churches committed to your charge all canonical privileges and due law and justice, and that I will be your protector and defender to my power by the assistance of God, as every good king in his kingdom ought to protect and de- fend the bishops and churches under their government. (Statutes and Constitutional Documents, Prothero, Oxford, 1894, p. 391.) 149. The Crown above the Courts James I. The cause of the ruin of the Stuart dynasty may be read in the political works of the first English king of that house. In the mind of James I. the doctrine of the divine right of kings and of the absolute power of the sovereign were firmly fixed. These theories were expressed by the acts as well as the words of the first Stuart. In the speech which he made in the Star Chamber on June 20, 1601, the subordination of the judicial power to that of the Crown is stated clearly and positively. ... I am next to come to the limits wherein you are to bound yourselves, which likewise are three. First, encroach not upon the prerogative of the crown: if there falls out a question that concerns my prerogative or mystery of state, deal not with it, till you consult with the king or his council, or both ; for they are transcendent matters and must not be deliberately carried out with over-rash wilfulness. . . . That which concerns the mystery of the king's power is not lawful to be disputed ; for that is to wade into the weakness of princes, and to take away the mystical reverence that be- longs unto them that sit on the throne of God. Secondly, that you keep yourselves within your own benches, not to invade other jurisdictions, which is unfit and an unlawful thing. Keep you therefore all in your own bounds, and for my part, I desire you to give me no more right, in my private prerogative, than you give any subject, and therein I will be acquiescent: as for the absolute prerog- THE REIGN OF JAMES I. 337 ative of the crown, that is no subject for the tongue of a lawyer, nor is lawful to be disputed. It is atheism and blasphemy to dispute what God can do : good Christians content themselves with his will revealed in his word, so it is presumption and high contempt in a subject to dispute what a king can do, or say that a king cannot do this or that; but rest in that which is the king's revealed will in his law. (Works of James /., Lond., 1616, p. 556.) 150. The King is above the Law James I. James I. from the first day of his reign disclaimed the power of Parliament to control the will of the sovereign. He claimed the power to make, amend or alter laws as well as the right to abrogate them. The dispensing and suspending power was af- firmed in its most arbitrary form. The following selection aptly illustrates the Stuart theory of the royal prerogative. According to these fundamental laws already alleged, we daily see that in the parliament (which is nothing else but the head court of the king and his vassals) the laws are but craved by his subjects, and only made by him at their rogation and with their advice : for albeit the king make daily statutes and ordinances, enjoining such pains thereto as he thinks meet, without any advice of parliament or estates, yet it lies in the power of no parliament to make any kind of law or statute, without his sceptre be to it, for giving it the force of a law . . . And as ye see it manifest that the king is over-lord of the whole land, so is he master over every person that inhabiteth the same, having power over the life and death of every one of them: for although a just prince will not take the life of any of his subjects without a clear law, yet the same laws whereby he taketh them are made by himself or his predecessors ; and so the power flows always from himself ; as by daily experience we see good and just princes will from time to time make new laws and statutes, adjoining the penalties to the breakers thereof, which before the law was made had been no crime to the subject to have committed . . . And where he sees the law doubtsome or rigorous, he may interpret or mitigate the same, lest other- wise summum jus be summa injuria: and therefore general laws made publicly in parliament may upon known respects to the king by his authority be mitigated and suspended upon causes only known to him. As likewise, although I have said a good king will frame 338 SOURCE-BOOK OF ENGLISH HISTORY all his actions to be according to the law, yet is he not bound thereto but of his good will, and for good example-giving to his subjects ... So as I have already said, a good king, though he be above the law, will subject and frame his ac- tions thereto, for example's sake to his subjects, and of his own free will, but not as subject or bound thereto. . . . (Law of Free Monarchies in Works of James I., p. 202, ed. cit.) 151. The Millenary Petition (1603) Church History, Fuller While James I. was journeying to London to take his place on the English throne, the Puritan clergy presented to him the paper known to us as the Millenary Petition. This document received its name from the number of signatures supposed to be attached thereto, although it is doubtful if it was signed at all. The petition prayed for "a reformation in the church ser- vice, ministry, livings, and discipline." The petition led to the Hampton Court Conference, in which James declared his ad- herence to the Episcopal form of church government as carried out by the Anglican Church. THE HUMBLE PETITION OF THE MINISTERS OF THE CHURCH OF ENGLAND DESIRING REFORMATION OF CERTAIN CER- EMONIES AND ABUSES OF THE CHURCH To the most Christian and excellent prince, our gracious and dread Sovereign, James, by the grace of God, etc., we, the ministers of the Church of England that desire reforma- tion, wish a long, prosperous and happy reign over us in this life, and in the next everlasting salvation. Most gracious and dread Sovereign, seeing it hath pleased the Divine Majesty, to the great comfort of all good Chris- tians, to advance your Highness, according to your just title, to the peaceable government of this church and common- wealth of England, we, the ministers of the gospel in this land, neither as factious men affecting a popular parity in the church nor as schismatics aiming at the dissolution of the state ecclesiastical, but as the faithful servants of Christ and loyal subjects to your Majesty, desiring and longing for the redress of divers abuses of the church, could do no less in our obedience to God, service to your Majesty, love to his church, than acquaint your princely Majesty with our par- ticular griefs. For, as your princely pen writeth, " The King as a good physician must first know what peccant humours his patient naturally is most subject unto before he can begin THE REIGN OF JAMES I. 339 his cure. And although divers of us that sue for reforma- tion have formerly in respect of the times subscribed to the book, some upon protestation, some upon exposition given them, some with condition, rather than the church should have been deprived of their labour and ministry, yet now we, to the number of more than a thousand of your Majesty's subjects and ministers, all groaning as under a common burthen of human rites and ceremonies, do with one joint consent humble ourselves at your Majesty's feet, to be eased and relieved in this behalf. Our humble suit then unto your Majesty is, that [of] these offences following, some may be removed, some amended, some qualified: I. In the church service: That the cross in baptism, in- terrogatories ministered to infants, confirmation, as super- fluous, may be taken away. Baptism not to be ministered by women, and so explained. The cap and surplice not urged. That examination may go before the communion. That it be ministered with a sermon. That divers terms of priests and absolution and some other used, with the ring in marriage, and other such like in the book may be corrected. The longsomeness of service abridged. Church songs, and music moderated to better edification. That the Lord's day be not profaned : the rest upon holy-days not so strictly urged. That there may be an uniformity of doctrine prescribed. No popish opinion to be any more taught or defended : no minis- ters charged to teach their people to bow at the name of Jesus. That the canonical scriptures only be read in the church. II. Concerning church ministers: That none hereafter be admitted into the ministry but able and sufficient men, and those to preach diligently, and especially upon the Lord's day. That such as be already entered and cannot preach may either be removed and some charitable course taken with them for their relief, or else to be forced, according to the value of their livings, to maintain preachers. That non- residency be not permitted. That King Edward's statute for the lawfulness of ministers' marriage be revived. That ministers be not urged to subscribe but according to the law to the Articles of Religion and the King's supremacy only. III. For church living and maintenance: That bishops leave their commendams, some holding prebends, some par- sonages, some vicarages, with their bishoprics. That double- beneficed men be not suffered to hold some two, some three 340 SOURCE-BOOK OF ENGLISH HISTORY benefices with cure, and some two, three or four dignities besides. That impropriations annexed to bishoprics and col- leges be demised only to the preachers incumbents for the old rent. That the impropriations of layman's fees may be charged with a sixth or seventh part of the worth, to the maintenance of the preaching minister. IV. For church discipline: That the discipline and ex- communication may be administered according to Christ's own institution, or at least that enormities may be redressed; as, namely, that excommunication come not forth under the name of lay persons, chancellors, officials, etc. That men be not excommunicated for trifles and twelve-penny mat- ters; that none be excommunicated without consent of his pastor. That the officers be not suffered to extort un- reasonable fees. That none having jurisdiction or registers' places put out the same to farm. That divers popish canons (as for restraint of marriage at certain times) be reversed. That the longsomeness of suits in ecclesiastical courts, which hang sometimes two, three, four, five, six or seven years, may be restrained. That the oath ex officio, whereby men are forced to accuse themselves, be more sparingly used. That licences for marriage without banns asked be more cautiously granted. These, with such other abuses yet remaining and practised in the Church of England, we are able to show not to be agreeable to the Scriptures, if it shall please your Highness further to hear us, or more at large by writing to be in- formed, or by conference among the learned to be resolved. And yet we doubt not but that without any further process your Majesty of whose Christian judgment we have re- ceived so good a taste already is able of yourself to judge of the equity of this cause. God, we trust, hath appointed your Highness our physician to heal these dis- eases. And we say with Mordecai to Hester, "Who knoweth whether you are come to the kingdom for such a time?" Thus your Majesty shall do that which we are persuaded shall be acceptable to God, honourable to your Majesty in all succeeding ages, profitable to his church, which shall be thereby increased, comfortable to your ministers, who shall be no more suspended, silenced, disgraced, imprisoned for men's traditions, and prejudicial to none but to those that seek their own quiet, credit and profit in the world. Thus with all dutiful submission referring ourselves to your Ma- jesty's pleasure for your gracious answer as God shall direct THE REIGN OF JAMES I. 34' you, we most humbly recommend your Highness to the Divine Majesty, whom we beseech for Christ his sake to dispose your royal heart to do herein what shall be to his glory, the good of his church, and your endless comfort. Your Majesty's most humble subjects, the ministers of the gospel, that desire, not a disorderly innovation, but a due and godly reformation. (The Chvrch History of Britain, from the Birth of Jesus Christ until the year 162?. ed. T. Fuller, 3rd Ed., Lond. 1842, vol. Ill, p.i93.) 152. Levying a Feudal Aid (1612) Fcedera, Rymer Even in the seventeenth century, the feudal dues continued to be an important source of the royal revenue, and so continued until abolished in 1660 by the statute of 12 Car. II, c. 24. The directions, given below, for the levying of an aid in 1612 should be compared with those given in the reign of Richard I. (No. 65.) Whereas our eldest daughter Elizabeth hath long since ac- complished the age of seven years, by reason whereof there is due. unto us by the laws and statutes of this our realm of England reasonable aid to be had and levied of all our im- mediate tenants by knight's service and in soccage for her marriage : These are therefore to will and require you our Chancellor to cause to be made and sealed under our great seal of England as well several commissions to be directed unto all the counties of this our said realm according to the form of a draught of a commission for that purpose to these presents annexed, as also several commissions for the Cinque Ports and for compounding with all the Lords spiritual and temporal of this our realm and with the masters . . . and other the heads of houses, halls and colleges of our Uni- versities of Oxford and Cambridge, according to several draughts hereunto likewise annexed, changing such things therein as are to be changed, and to direct them to such com- missioners as you with the Lord Privy Seal and our Chan- cellor of our Exchequer shall name and appoint, returnable at the days of the several draughts prefixed, and the same several commissions to renew to the same commissioners or any others according to your directions as often as need shall require, and also to name and choose any two of the said commissioners in every county respectively to be col- lectors for the same aid; and these shall be your sufficient warrant in that behalf. 342 SOURCE-BOOK OF ENGLISH HISTORY Given under our signet at Woodstock the 3Oth day of August in the loth year of our reign of England, France and Ireland, and of Scotland the six and fortieth. Per ipsum Kegem (Fcedera, Rymer, vol. XVI, p. 724.) 153. Benevolences (1622) Ruskworth' 's Collections Cardwell Documents Edward IV., in 1473, was the first king to mask the forced loans exacted by several of his predecessors and successors as "Benevolences." After his time, though the kings continued to extort loans, or more properly tribute, from their subjects with- out legal warrant, the extortions were to be "free gifts." The practice was declared illegal by Richard II. in the first year of his reign, yet in the second it was made use of. The extortion of Benevolences was practised by the Tudors, and under the Stuarts it became a crying abuse, which the express prohibition contained in the Petition of Right did not overcome, for in 1661 a limited Benevolence was authorized by Parliament. To this, however, was attached the condition that in future the exaction of these Benevolences was to be under the absolute control of Parliament instead of the king. The following letters are ex- tremely illuminating: (A) the form that was sent to the Jus- tices of the Courts at Westminster and to the Barons of the Exchequer as well as to civil officials was with the addition of (B) sent by the Archbishop of Canterbury and the greater ec- clesiastics generally on receipt of letters from the king requir- ing contributions from ecclesiastics. (A) . . . What endeavours his Majesty hath used by treaty and by all fair and amiable ways to recover the patrimony of his children in Germany, now for the most part withholden from them by force, is not unknown to all his loving subjects, since his Majesty was pleased to communicate to them in Parliament his whole proceedings in that business : of which treaty, being of late frustrate, he was enforced to take other resolutions, namely, to recover that by the sword which by other means he saw no likelihood to compass. For which purpose it was expected by his Majesty that his people in Parliament would (in a cause so nearly concerning his and his children's interest) have cheerfully contributed there- unto. But the same unfortunately failing, his Majesty is constrained, in a case of so great necessity, to try the dutiful affections of his loving subjects in another way, as his pre- decessors have done in former times, by propounding unto them a voluntary contribution. And therefore, as yourselves have already given a liberal and worthy example (which his Majesty doth take in very gracious part), so his pleasure is, THE REIGN OF JAMES I. 343 and we do accordingly hereby authorize and require your lordships, as well to countenance and assist the service by your best means, in your next circuits, in the several counties where you hold general assizes, as also now presently with all convenient expedition to call before you all the officers and attorneys belonging to any his Majesty's courts of jus- tice, and also all such others of the houses and societies of court or that otherwise have dependence upon the law, as are meet to be treated withal in this kind and have not already contributed; and to move them to join willingly in this con- tribution in some good measure, answerable to that your- selves and others have done before us, according to their means and fortunes; wherein his Majesty doubteth not, but beside the interest of his children and his own crown and dignity, the religion professed by his Majesty and happily flourishing under him within this kingdom (having a great part in the success of this business) will be a special motive to incite and persuade them thereunto. Nevertheless, if any person shall, out of obstinacy or disaffection, refuse to con- tribute herein proportionably to their estates and means, you are to certify their names unto this board. And so recommending this service to your best care and endeavour, and praying you to return unto us notes of the names of such as shall contribute and of the sums offered by them, we bid [etc.]. {Historical Collections of Private Passages of State, etc., ed. J. Rushworth, 1682, I, p. 60.) (B) ... Your Lordship by these letters may see how far it concerneth his Majesty in honour and the realm in safety, that the patrimony of the King's children should be recovered again by force of war, since it cannot be obtained by treaty. . . . We therefore, who upon the receipt of these his Majesty's letters have met together and duly considered what was most convenient to be done, have resolved that T,S. lod. in the pound is as little as we can possibly offer towards so great an enterprise, yet hoping that such as be of ability will ex- ceed the same. You shall therefore do well by all forcible reason, drawn from the defence of religion and justice, to incite all your clergy ... as also the lecturers and licensed schoolmasters within your diocese, that with all readiness they do contribute towards this noble action. And whereas there be divers commendataries, dignitaries, prebendaries and double-beneficed men that have livings in several dioce- 344 SOURCE-BOOK OF ENGLISH HISTORY ses, we hold it fit that for every one of these within your Lordship's diocese the contribution be rateable, so that the monies in such sort to be given may be brought to London by the loth day of March next, to be delivered to the hands of such receivers as for that purpose shall be appointed. And to the end that true notice may be taken of such as are best disposed to this so good a service, we expect that your Lordship send up to the Archbishop of Canterbury the sev- eral sums and names of all those who contribute ; and lastly that you cause the preachers within your diocese in a grave and discreet fashion to excite the people that, when occasion shall serve, they do extend their liberalities to so Christian and worthy an enterprise : Wherein not doubting but your lordship will use all your best, prudent, and most careful endeavours, we leave you to the Almighty. From Lambeth, 21. Januarii MDCXXI. Juxta etc. G. Cant. Jo. Lincoln, C.S. [and twelve other bishops]. (Cardwell, Docum, Annals, Oxford, 1844, vol. II, p. 196.) 154. James I. and the Commons Parliamentary History The policy of James I. was the reverse of conciliatory in the contest with Parliament upon its constitutional rights. The Commons' side of the question is set forth in the protest re- corded on December 18, the day of the forced adjournment, in the Journal Book. The King struck out the record with his own hand, and the memorial which is given by the historian shows the royal opinion on the matter immediately in question, as well as hinting James' general conceptions of constitutional rule. The incident forms a fitting introduction to the stormy rule of Charles I. The Commons now assembled in Parliament, being justly occasioned thereunto concerning sundry Liberties, Fran- chises, and Privileges of Parliament, amongst others here mentioned, do make this Protestation following, That the Lib- erties, Franchises, Privileges, and Jurisdictions of Parliament, are the ancient and undoubted Birth-right and Inheritance of the Subjects of England; and that the arduous and urgent Affairs concerning the King, State, and Defence of the Realm, and of the Church of England; and the Maintenance and Making of Laws, and Redress of Mischiefs and Griev- ances which daily happen within this Realm, are proper Subjects and Matter of Counsel and Debate in Parliament; THE REIGN OF JAMES I. 345 and that in the handling and proceeding of those Businesses, every Member of the House of Parliament hath, and of Right, ought to have Freedom of Speech, to propound, treat, reason, and bring to Conclusion the same : And that the Commons in Parliament have like Liberty and Freedom to treat of these Matters in such Order, as in their Judgments shall seem fittest : And that every Member of the said House hath like Freedom from all Impeachment, Imprisonment, and Molestation (other than by Censure of the House itself) for or concerning any speaking, reasoning, or declaring any Matter or Matters touching the Parliament, or Parliament- Business: And that if any of the said Members be com- plained of, and questioned for any thing done or said in Parliament, the same is to be shewed to the King by the Advice and Assent of all the Commons assembled in Par- liament, before the King give Credence to any private In- formation. This Protestation was made and recorded in the Journal- Book of the Commons, December the i8th, the Day of Ad- journment. But how the King took it, will best appear, by his sending for the Journal-Book of the Commons, in Council, and striking out the Protestation with his own hand; and by the following Memorial, which was published soon after, as is seen by the Date of it ... Whitehall, December 30, 1621. "His Most Excellent Majesty coming this Day to the Council, the Prince his Highness, and all the Lords and others of his Majesty's Privy-Council sitting about him, and all the Judges then in London, which were six in Number, there attending upon his Majesty; the Clerk of the Commons House of Parliament was called for, and commanded to produce his Journal-Book, wherein was noted, the Entries made of most Passages that were in the Commons House of Parliament; and amongst other Things there was written down the Form of a Protestation concerning sundry Liberties, Privileges, and Franchises of Parliament; with which Form of Protestation his Majesty was justly offended. Never- theless his Majesty, in a most gracious Manner, there ex- pressed, That he never meant to deny that House of Com- mons any lawful Privileges that ever they had enjoyed; but "whatsoever Privileges or Liberties they had by any Law or Statute, the same should be inviolably preserved unto "them; and whatsoever Privileges they enjoyed by. Custom, 346 SOURCE-BOOK OF ENGLISH HISTORY or uncontroulled and lawful Precedent, his Majesty would be careful to preserve. But this Protestation of the Com- mons House, so contrived and carried as it was, his Majesty thought fit to be razed out of all Memorials, and utterly to be annihilated; both in respect of the Manner by which it was gained, and the Matter therein contained. For the Manner of getting it, first, in respect of the Time: For after such Time as his Majesty, out of princely Grace, as to take away all Mistakings, had directed his Letters to Secretary Calvert, dated at Royston, 16 Decembris, and therein had so explained himself, in the Point of maintaining the Privileges of the House of Commons, as that most of the said House rested fully satisfied, and freed from any Scruple of having their Liberties impeached: And after that, by his Majesty's Let- ters, directed to the Speaker, dated 18 December, being Tues- day, his Majesty, at the humble Suit of the House of Com- mons, condescended to make this Meeting a Session before Christmas, and for the Purpose had assigned Saturday fol- lowing: Now, upon this very Tuesday, and while the Mes- sengers from the House of Commons were with his Majesty at Theobalds, to return Thanks unto his Majesty, and there- with an Excuse from them not to make it a Session, in respect of the Strait of Time whereunto they were driven; which Deferment his Majesty admitted of at their Desires, and thereupon gave Order for the Adjournment of the Parlia- ment until the 8th of February next, which was the first Day formerly appointed by his Majesty for the meeting together of the Parliament : And whilst their Messengers were with his Majesty, and had received a gracious Answer to return unto their House; even that Afternoon, a Com- mittee was procured to be made for taking their Liberties into Consideration : And this Afternoon a Protestation was made (to whom, appears not) concerning their Liberties, and at six o'Clock at Night, by Candle-light, the same Protestation was brought into the House by the Committee; and at that Time of Night it was called upon to be put to the Question, there not being the third Part of the House then present; whereas in all Matters of Weight, their usual Custom is, to put nothing of Importance to the Question, till the House be full : And at this Time many of them that were present, ex- pected that the Question would have been deferred to another Day, and a fuller House ; and some then present stood up to have spoken to it, but could not be seen or heard in that Darkness and Confusion. Now for the Matter of the Pro- THE REIGN OF JAMES I. 347 testation, it is penned in such ambiguous and general Words, as may serve for future Times to invade most of the Rights and Prerogatives annexed to the Imperial Crown; the Claim of some Privileges being grounded upon the Words of the Writ for assembling the Parliament, wherein some Words, viz. Arduis rcgni, are cunningly mentioned, but the Word quibiisdam, which restraineth the Generality to such particular Cases, as his Majesty pleaseth to consult with them upon, is purposely omitted. These Things considered, his Majesty did, this present Day, in full Assembly of the Council, and in the Presence of the Judges, declare the said Protestation to be invalid, an- nulled, void, and of no Effect : And did further, Manu sua propria; take the said Protestation out of the Journal-Book of the Clerk of the Commons House of Parliament; and com- manded an Act of Council to be made thereupon, and this Act to be entered in the Register of Common-Causes. (Parliamentary History, ed. cit., V, p. 512.) CHAPTER XXI THE PURITAN REVOLUTION 155. The Petition of Right (3 CAR. I, c. i, June 7, 1628) Statutes of the Realm In 1628 the position of Charles I. had gone from bad to worse. Rash enterprises, lavish and illegal expenditure, and broken promises of better government had almost produced open rupture between the monarch and his subjects. In his third Parliament matters reached a point in which the Commons felt the strongest action to be necessary. Under the leadership of Wentworth, a Committee of Grievances discussed the illegal methods of the king, and particularly considered the matters of forced loans, imprisonment of subjects who refused to make such loans to the king, the billeting of soldiers on private persons, and punish- ment by the methods of martial law. The Commons then sought the concurrence of the Lords by means of a petition embodying protest against these grievances. For two months both Houses debated the question of steps to be taken. Aids were granted the king, but no regular Money Bill was passed. This Charles sought to secure, but the Commons refused to be cajoled by blandishments or frightened by threats. The king offered to grant a Confirmation of the Great Charter, such as had often been issued and disregarded by former monarchs. The Com- mons refused this offer, and under the leadership of Sir Edward Coke they drew up and passed the Petition of Right. Charles made repeated attempts to avoid ratifying it in a legal manner. He was finally compelled to give his assent in due form. The statute, in form of a petition, is one of the five most important constitutional documents of English history. THE PETITION EXHIBITED TO HIS MAJESTY BY THE LORDS SPIRITUAL AND TEMPORAL, AND COMMONS IN THIS PRES- ENT PARLIAMENT ASSEMBLED, CONCERNING DIVERS RIGHTS AND LIBERTIES OF THE SUBJECTS, WITH THE KING'S MAJESTY'S ROYAL ANSWER THEREUNTO IN FULL PARLIA- MENT To the King's Most Excellent Majesty. Humbly show unto our Sovereign Lord the King, the Lords Spiritual and Temporal, and Commons in Parliament 348 THE PURITAN REVOLUTION 349 assembled, that whereas it is declared and enacted by a statute made in the time of the reign of King Edward the First, commonly called Statutunt de Tallagio non concedendo, that no tallage or aid shall be laid or levied by the King or his heirs in this realm, without the goodwill and assent of the Archbishops, Bishops, Earls, Barons, Knights, Burgesses, and other the freemen of the commonality of this realm : and by authority of Parliament holden in the five and twentieth year of the reign of King Edward the Third, it is declared and enacted, that from thenceforth no person shall be compelled to make any loans to the King against his will, because such loans were against reason and the franchise of the land; and by other laws of this realm it is provided, that none should be charged by any charge or imposition, called a Benevolence, or by such like charge, by which the statutes before-mentioned, and other the good laws and statutes of this realm, your subjects have inherited this freedom, that they should not be compelled to contribute to any tax, tallage, aid, or other like charge, not set by com- mon consent in Parliament : Yet nevertheless, of late divers commissions directed to sundry Commissioners in several counties with instructions have issued, by means whereof your people have been in divers places assembled, and required to lend certain sums of money unto your Majesty, and many of them upon their refusal so to do, have had an oath administered unto them, not warrantable by the laws or statutes of this realm, and have been constrained to become bound to make appearance and give attendance before your Privy Council, and in other places, and others of them have been therefore imprisoned, confined, and sundry other ways molested and disquieted : and divers other charges have been laid and levied upon your people in several counties, by Lords Lieutenants, Deputy Lieutenants, Commissioners for Musters, Justices of Peace and others, by command or direction from your Majesty or your Privy Council, against the laws and free customs of this realm : And where also by the statute called, 'The Great Charter of the Liberties of England,' it is declared and enacted, that no freeman may be taken or imprisoned or be disseised of his freeholds or liberties, or his free customs, or be outlawed or exiled; or in any manner destroyed, but by the lawful judg- ment of his peers, or by the law of the land : And in the eight and twentieth year of the reign of King 350 SOURCE-BOOK OF ENGLISH HISTORY Edward the Third, it was declared and enacted by authority of Parliament, that no man of what estate or condition that he be, should be put out of his land or tenements, nor taken, nor imprisoned, nor disherited, nor put to death, without being brought to answer by due process of law : Nevertheless, against the tenor of the said statutes, and other the good laws and statutes of your realm, to that end provided, divers of your subjects have of late been imprisoned without any cause showed, and when for their deliverance they were brought before your Justices, by your Majesty's writs of Habeas Corpus, there to undergo and receive as the Court should order, and their keepers commanded to certify the causes of their detainer ; no cause was certified, but that they were detained by your Majesty's special command, sig- nified by the Lords of your Privy Council, and yet were re- turned back to several prisons, without being charged with anything to which they might make answer according to the law : And whereas of late great companies of soldiers and mariners have been dispersed into divers counties of the realm, and the inhabitants against their wills have been com- pelled to receive them into their houses, and there to suffer them to sojourn, against the laws and customs of this realm, and to the great grievance and vexation of the people : And whereas also by authority of Parliament, in the five and twentieth year of the reign of King Edward the Third, it is declared and enacted, that no man shall be forejudged of life or limb against the form of the Great Charter, and the law of the land : and by the said Great Charter and other the laws and statutes of this your realm, no man ought to be adjudged to death ; but by the laws established in this your realm, either by the customs of the same realm or by Acts of Parliament : and whereas no offender of what kind soever is exempted from the proceedings to be used, and punishments to be in- flicted by the laws and statutes of this your realm : never- theless of late time divers commissions under your Majesty's Great Seal have issued forth, by which certain persons have been assigned and appointed Commissioners with power and authority to proceed within the land according to the justice of martial law against such soldiers or mariners, or other dissolute persons joining with them, as should commit any murder, robbery, felony, mutiny, or other outrage or mis- demeanour whatsoever, and by such summary course and order, as is agreeable to martial law, and is used in armies THE PURITAN REVOLUTION 35' in time of war, to proceed to the trial and condemnation of such offenders, and them to cause to be executed and put to death, according to the law martial : By pretext whereof, some of your Majesty's subjects have been by some of the said Commissioners put to death, when and where, if by the laws and statutes of the land they had deserved death, by the same laws and statutes also they, might, and by no other ought to have been, judged and exe- cuted: And also sundry grievous offenders by colour thereof, claiming an exemption, have escaped the punishments due to them by the laws and statutes .of this your realm, by reason that divers of your officers and ministers of justice have unjustly refused, or forborne to proceed against such offenders according to the same laws and statutes, upon pre- tence that the said offenders were punishable only by martial law, and by authority of such commissions as aforesaid, which commissions, and all other of like nature, are wholly and directly contrary to the said laws and statutes of this your realm : They do therefore humbly pray your Most Excellent Ma- jesty, that no man hereafter be compelled to make or yield any gift, loan, benevolence, tax, or such like charge, without common consent by Act of Parliament; and that none be called to make answer, or take such oath, or to give atten- dance, or be confined, or otherwise molested or disquieted concerning the same, or for refusal thereof; and that no freeman, in any such manner as is before-mentioned, be im- prisoned or detained; and that your Majesty will be pleased to remove the said soldiers and mariners, and that your people may not be so burdened in time to come ; and that the aforesaid commissions for proceeding by martial law, may be revoked and annulled ; and that hereafter no commissions of like nature may issue forth to any person or persons what- soever, to be executed as aforesaid, lest by colour of them any of your Majesty's subjects be destroyed or put to death, contrary to the laws and franchise of the land. All which they most humbly pray of your Most Excellent Majesty, as their rights and liberties according to the laws and statutes of this realm: and that your Majesty would also vouchsafe to declare, that the awards, doings, and pro- ceedings to the prejudice of your people, in any of the pre- mises, shall not be drawn hereafter into consequence or example: and that your Majesty would be also graciously 352 SOURCE-BOOK OF ENGLISH HISTORY pleased, for the further comfort and safety of your people, to declare your royal will and pleasure, that in the things aforesaid all your officers and ministers shall serve you, according to the laws and statutes of this realm, as they tender the honour of your Majesty, and the prosperity of this kingdom. (Ed. from Statutes of the Realm, V, 23.) [The King's first answer, June 2, 1628: The King willeth that right be done according to the laws and customs of the realm; and that the statutes be put in due execution, that his subjects may have no cause to com- plain of any wrong or oppressions, contrary to their just rights and liberties, to the preservation whereof he holds himself as well obliged as of his prerogative. The King's second answer, June 7, 1628: Soit droit fait commc il est desire."] 156. The First Writ of Ship-Money (Oct. 20, 1634) Rushworth. The Petition of Right did not put an end to the illegal extor- tions of Charles I. Among other expedients, he ordained a revival of the old law which compelled coast cities and counties to send ships at the call of the king. But the demand of Charles, in the hands of Lord Keeper Finch, extended to inland cities as well. As these could send no ships, and as the lesser maritime towns could not send vessels of the size required by the king, provision was made that in these cases a money equivalent was to be rendered. In October, 1664, the first writs of ship-money of which an example is given below were issued. There was some opposition, but the expedient proved successful until suc- cessive writs in time of peace convinced the people that the king was using the money at the royal pleasure instead of for the defense of the nation. John Hampden beaded the opposition which then became general, and the matter was taken to the Court of Exchequer, where the venal judges gave judgment for the king. The royal victory weakened the power of the crown as it exposed the subserviency of the Bench to the wishes of the Crown. To the Mayor, commonalty, and citizens of our city of London, and to the sheriffs of the same city, and good men in the said city and in the liberties, and members of the same, greeting: Because we are given to understand that certain thieves, pirates, and robbers of the sea, as well Turks, enemies of the Christian name, as others, being gathered together, wickedly taking by force and spoiling the ships, and goods, and merchandises, not only of our subjects, but also the sub- THE PURITAN REVOLUTION 353 jects of our friends in the sea, which hath been accustomed anciently to be defended by the English nation, and the same, at their pleasure, have carried away, delivering the men in the same into miserable captivity: and forasmuch as we see them daily preparing all manner of shipping farther to molest our merchants, and to grieve the kingdom, unless remedy be not sooner applied, and their endeavours be not more manly met withal; also the dangers considered which, on every side, in these times of war do hang over our heads, that it behoveth us and our subjects to hasten the defence of the sea and kingdom with all expedition or speed that we can; we willing by the help of God chiefly to provide for the defence of the kingdom, safeguard of the sea, security of our subjects, safe conduct of ships and merchandises to our king- dom of England coming, and from the same kingdom to foreign parts passing; forasmuch as we, and our progenitors, Kings of England, have been always heretofore masters of the aforesaid sea, and it would be very irksome unto us if that princely honour in our times should be lost or in any thing diminished. And although that charge of defence which concerneth all men ought to be supported by all, as by the laws and customs of the kingdom of England hath been accustomed to be done : notwithstanding we considering that you constituted in the sea-coasts, to whom by sea as well great dangers are imminent, and who by the same do get more plentiful gains for the defence of the sea, and con- servation of our princely honour in that behalf, according to the duty of your allegiance against such attempts, are chiefly bound to set to your helping hand; we command firmly, en- joining you the aforesaid Mayor, commonalty and citizens, and sheriffs of the said city, and the good men in the same city and in the liberties, and members of the same, in the faith and allegiance wherein you are bound unto us, and as ye do love us and our honour, and under the forfeiture of all which ye can forfeit to us, that ye cause to be pre- pared and brought to the port of Portsmouth, before the first day of March now next ensuing, one ship of war of the burden of nine hundred tons, with three hundred and fifty men at the least, as well expert masters, as very able and skilful mariners; one other ship of war of the burden of eight hundred tons, with two hundred and sixty men at the least, as well skilful masters, as very able and expert mariners : four other ships of war, every of them of the burden of five hundrd tons, and every of them with two hundred men at 354 SOURCE-BOOK OF ENGLISH HISTORY the least, as well expert masters, as very able and skilful mariners : and one other ship of war of the burden of three hundred tons, with a hundred and fifty men, as well expert masters, as very able and skilful mariners : and also every of the said ships with ordnance, as well greater as lesser, gunpowder, and spears and weapons, and other necessary arms sufficient for war, and with double tackling, and with victuals, until the said first of March, competent for so many men ; and from that time, for twenty-six weeks, at your charges, as well in victuals as men's wages, and other things necessary for war, during that time, upon defence of the sea in our service, in command of the admiral of the sea, to whom we shall commit the custody of the sea, before the aforesaid first day of March, and as he, on our behalf, shall command them to continue ; so that they may- be there the same day, at the farthest, to go from thence with our ships, and the ships of other faithful subjects, for the safeguard of the sea, and defence of you and yours, and repulse and vanquishing of whomsoever busying themselves to molest or trouble upon the sea our merchants, and other subjects, and faithful people coming into our dominions for cause of merchandise, or from thence returning to their own countries. Also we have as- signed you, the aforesaid Mayor and Aldermen of the city aforesaid, or any thirteen, or more of you, within thirty days after the receipt of this writ, to assess all men in the said city, and in the liberties, and members of the same, and the landholders in the same, not having a ship, or any part of the aforesaid ships, nor serving in the same, to contribute to the expenses, about the necessary provision of the pre- mises ; and to assess and lay upon the aforesaid city, with the liberties and members thereof, viz. upon every of them ac- cording to their estate and substances, and the portion as- sessed upon them ; and to nominate and appoint collectors in this behalf. Also we have assigned you, the aforesaid Mayor, and also the Sheriffs of the city aforesaid, to levy the portions so as aforesaid assessed upon the aforesaid men and landholders, and every of them in the aforesaid city, with the liberties and members of the same, by distress and other due means; and to commit to prison all those whom you shall find rebellious and contrary in the premises, there to remain until we shall give further order for their delivery. And moreover we command you, that about the premises you diligently attend, and do, and execute those things with ef- fect, upon peril that shall fall thereon : but we will not, that THE PURITAN REVOLUTION 355 under colour of our aforesaid command, more should be levied of the said men than shall suffice for the necessary expenses of the premises; or that any who have had levied money for contribution to raise the aforesaid charges, should by him detain the same, or any part thereof ; or should pre- sume, by any manner of colour, to appropriate the same to other uses; willing, that if more than may be sufficient shall be collected, the same may be paid out among the contrib- utors, for the rate of the part to them belonging. Witness myself, at Westminster the twentieth day of October, in the loth year of our reign. (Rvshwortk's Collections, ed. cit., II, 257.) 157. Ship-Money declared Illegal (17 CAR. I, c. 14, 1641.) Statutes of the Realm The injustice of the practice of levying ship-money and the prostitution of justice to be an instrument of the king's will had never ceased to be a source of irritation and complaint. To this discontent Charles was indifferent, but the people watched and worked for the opportunity to right the wrong. In the Long Parliament the act given below was passed. It ; s important not only because it abolished one illegal tax and an- nulled the judgment of the Exchequer Court against Hampden as contrary to the laws and statutes of the realm, the right of property, the liberty of the subject, and the Petition of Right, but also because it completed the long line of statutes that de- prived the Crown of the power of arbitrary taxation. AN ACT FOR THE DECLARING UNLAWFUL AND VOID THE LATE PROCEEDINGS TOUCHING SHIP-MONEY, AND FOR THE VACATING OF ALL RECORDS AND PROCESSES CONCERNING THE SAME Whereas divers writs of late time issued under the Great Seal of England, commonly called Ship-writs, for the charging of the Ports, Towns, Cities, Boroughs, and Counties of this realm respectively, to provide and furnish certain ships for His Majesty's service; and whereas upon the execu- tion of the same writs and returns of certioraries thereupon made, and the sending the name by Mittimus into the Court of Exchequer, process hath been thence made against sundry persons pretended to be charged by way of contribution for the making up of certain sums assessed for the providing of the said ships ; and in especial in Easter Term in the thir- teenth year of the reign of our Sovereign Lord the King that 356 SOURCE-BOOK OF ENGLISH HISTORY now is, a Writ of Scirc facias was awarded out of the Court of Exchequer to the then Sheriff of Buckinghamshire against John Hampden, Esquire, to appear and show cause why he should not be charged with a certain sum so assessed upon him: upon whose appearance and demurrer to the proceedings therein the Barons of the Exchequer adjourned the same case into the Exchequer Chamber, where it was solemnly argued divers days ; and at length it was there agreed by the greater part of all the Justices of the Courts of King's Bench and Common Pleas, and of the Barons of the Exchequer there assembled, that the said John Hampden should be charged with the said sum so as aforesaid assessed on him : The main grounds and reasons of the said Justices and Barons, which so agreed, being, that when the good and safety of the king- dom in general is concerned, and the whole kingdom in danger, the King might by writ under the Great Seal of Eng- land command all the subjects of this his kingdom at their charge to provide and furnish such number of ships with men, victuals and munition, and for such time as the King should think fit for the defence and safeguard of the king- dom from such danger and peril, and that by law the King might compel the doing thereof in case of refusal or re- fractoriness, and that the King is the sole judge both of the danger, and when and how the same is to be prevented and avoided ; according to which grounds and reasons all the Justices of the said Courts of King's Bench and Common Pleas, and the said Barons of the Exchequer, having been formerly consulted with by His Majesty's command, had set their hands to an extrajudicial opinion expressed to the same purpose, which opinion with their names thereunto was also by His Majesty's command enrolled in the Courts of Chan- cery, King's Bench, Common Pleas and Exchequer, and likewise entered among the remembrances of the Court of Star Chamber, and according to the said agreement of the said Justices and Barons, judgment was given by the Barons of the Exchequer that the said John Hampden should be charged with the said sum so assessed on him: and, whereas some other actions and process depend, and have depended in the said Court of Exchequer and in some other Courts, against other persons for the like kind of charge grounded upon the said writs commonly called Ship-writs; all which writs and proceedings as aforesaid were utterly against the law of the land: be it therefore declared and enacted by the King's Most Excellent Majesty and the Lords and the Com- THE PURITAN REVOLUTION 357 mons in this present Parliament assembled, and by the au- thority of the same, that the said charge imposed upon the subject for the providing and furnishing of ships, commonly called Ship-money, and the said extrajudicial opinion of the said Justices and Barons and the said writs, and every of them, and the said agreement or opinion of the greater part of the said Justices and Barons, and the said judgment given against the said John Hampden, were and are contrary to and against the laws and statutes of this realm, the right of property, the liberty of the subjects, former resolutions in Parliament, and the Petition of Right made in the third year of the reign of His Majesty that now is. And it is further declared and enacted by the authority aforesaid, that all and every the particulars prayed or desired in the said Petition of Right shall from henceforth be put in execution accordingly, and shall be firmly and strictly holden and observed as in the same Petition they are prayed and ex- pressed ; and that all and every the records and remembrances of all and every the judgment, enrolments, entry, and pro- ceedings as aforesaid, and all and every the proceedings what- soever, upon or by pretext or colour of any of the said writs commonly called Ship-writs, and all and every the dependents on any of them, shall be deemed and adjudged, to all intents, constructions and purposes, to be utterly void and disannul- led; and that all and every the said judgment, enrolments, entries, proceedings and dependents of what kind soever, shall be vacated and cancelled in such manner and form as records use to be that are vacated. (Ed. from Statutes of the Realm, V, i6.) 158. Charles I. and Strafford (1641) Letters and Dispatches. The letter of Charles to Strafford, and that of the monarch to Parliament in behalf of the earl, with the subjoined account of the interview of the messenger with Charles, conclusively prove the weakness and timidity of the king. The letters are of the greatest interest as being unimpeachable evidence of the faithlessness of the master to his chosen servant, whom he had promised at all hazards to protect. CHARLES I. TO THE EARL OF STRAFFORD Strafford, The misfortune that is fallen upon you by the strange mistaking and conjuncture of these times, being such, that 358 SOURCE-BOOK OF ENGLISH HISTORY I must lay by the thought of employing you hereafter in my affairs ; yet I cannot satisfy myself in honour or conscience without assuring you (now in the midst of your troubles), that upon the word of a king you shall not suffer in life, honour or fortune. This is but justice, and therefore a very mean reward from a master to so faithful and able a servant as you have showed yourself to be ; yet it is as much as I conceive the present times will permit, though none shall hinder me from being Your constant, faithful friend, Charles R. Whitehall, April 23, 1641. (Ed. from Earl of Strafford's Letters and Dispatches, Lond., 1739, II, p. 416.) i58a. Charles I. to the House of Lords, in Behalf of the Earl of Strafford My lords, I did yesterday satisfy the justice of the kingdom, by passing of the bill of attainder against the earl of Strafford; but mercy being as inherent and inseparable to a king as justice, I desire at this time in some measure, to show that likewise, by suffering that unfortunate man to fulfil the natural course of his life in a close imprisonment, yet so that, if ever he make the least offer to escape, or offer, directly or indirectly, to meddle with any sort of public business, es- pecially with me, either by message or letter, it shall cost him his life, without further process. This, if it may be done without the discontent of my people, will be an unspeakable contentment to me; to which end, as in the first place, I by this letter do earnestly desire your approbation ; and to endear it more, have chosen him to carry it, that of all your house is most dear to me; so I desire, that by a conference you will endeavour to give the House of Commons contentment likewise; assuring you, that the exercise of mercy is no more pleasing to me than to see both Houses of Parliament content, for my sake, that I should moderate the severity of the law in so important a case. I will not say, that your complying with me in this my in- tended mercy, shall make me more willing, but certainly it will make me more cheerful in granting your just grievances ; but, if no less than his life can satisfy my people, I must say, Fiat justitia. THE PURITAN REVOLUTION 359 Thus again earnestly recommending the consideration of my intentions to you, I rest Your unalterable and affectionate friend, Charles R. Whitehall, loth May, 1641. P. S. If he must die, it were charity to reprieve him till Saturday. (Journals of the House of Lords, May n, 1641.) In Kennett, III, 117. i58b. Parliament considers the King's Letter (The following record of the proceedings upon receipt of the above letter, taken from the Parliament Journals, throws further light upon the attitude of Charles.) This letter, all written with the king's own hand, the peers, this day received in Parliament, delivered by the hand of the prince. It was twice read in the House, and, after serious and sad consideration, the House resolved presently to send twelve of the peers, messengers to the king: "Humbly to signify, that neither of the intentions expressed in the letter could, with duty to them, or without evident danger to him- self, his dearest consort the queen, and all the young princes their children, possibly be advised." Which being delivered, and more expressions offered, his majesty suffered no more words to come from them, but, out of the fulness of his heart, to the observance of justice, and for contentment of his people, told them, that what he intended by his letter was with an " If," "If it may be done without discontentment to his people. If that cannot be, I say again the same that I wrote, Fiat Justitia; my other in- tention, proceeding out of charity, for a few days' respite, was upon certain information that his estate was so distracted, that it necessarily required some few days for settlement thereof." Whereunto the lords answered, " Their purpose was to be suitors to his majesty, for favour to be shown to his innocent children ; and, if he himself had made any provision for them, that the same might hold." This was well-liking to his majesty, who thereupon parted from the lords. At his majesty's parting, the peers offered up into his hands the letter itself, which he had sent; but he pleased to say : " My lords, what I have written to you I shall be content it be registered by you in your House; in it you see my mind. I know you will use it to my honour." (Journals of the House of Lords, May n, 1641.) 360 SOURCE-BOOK OF ENGLISH HISTORY 159. A Summary of Grievances (1642) Contemporary Tract In the reign of Charles I. the discontent which had been grow- ing since the time of Henry VIII. reached its culmination. The popular grievances found voice in many pamphlets and tracts ; and from this political literature we have chosen, as particularly suggestive, the following illustration : CERTAIN QUERIES OF THINGS DONE SINCE KING CHARLES HIS REIGN BEGAN 1. When our good King James his death was by one of his physicians tendered to the King and Parliament, to be examined, why the Parliament was so soon dissolved? 2. When in the first and succeeding Parliaments, they be- gan to fall upon Reformation in Kirk and State, why still were the Parliaments dissolved? 3. Why, presently after the Petition of Right in England was signed, it was violated and nulled by imprisonment of sundry members of Parliament, which cost some of them their lives? 4. Why at length came Parliaments to be so out of date and request, as that a proclamation was published inhibiting the least mention of ever having any more Parliaments in England ? 5. Why against the Petition of Right was tonnage and poundage extorted ? 6. Why against the Petition of Right was ship-money levied? 7. Why against the Petition of Right was coat-and-con- duct money imposed ? 8. Why against the Petition of Right was such an in- finite number of monopolies to the drainage and exhaust- ing of the subjects, granted? 9. Why was it attempted to make all England a forest, and so to make the people so many deer for Nimrods to hunt? 10. Who is the author of all the evils and grievances in the kingdom, and so the great troubler of Israel, seeing so many malefactors, and delinquents, and instruments of cruelty, are authorized and protected as innocents ? 11. Who aided the French King with eight ships, by means whereof the Protestants in Rochelle were most miserably destroyed, and all the rest in France left to the mercy of THE PURITAN REVOLUTION 361 Papists, the more easily to exercise their massacres upon them? 12. How, or by whom was it, that we poor harmless, yet much oppressed Scots, were proclaimed rebels, when we only fought for right and justice? 13. By whose authority, and for what end was it, that that more than heathenish book for sports, to profane the Lord's day, was published in every kirk in England? 14. By whose countenance was it, that so many novations have taken place, so much idolatry and superstition hath overspread England, so many notorious papist books in English of late days printed with their high dedications, so much restaint of preaching, so grievous persecuting of preachers even unto blood and banishment, with all ways and crafts to root out the Gospel, and to let up popery every- where, and so to put the prince of the apostles (Peter, or the pope) in possession of that noble and long flourishing island? 15. Who hath murdered so many innocents in Ireland by the long retarding of sending succors in due time, by means whereof so many thousands, and they Protestants, might have been preserved from such horrid and bloody butcheries ? Or how came it to pass (then when the plot among us in Scotland for murdering some of our prime nobles in the King's chamber, should have taken place) that the rebellion in Ireland began to break forth just about the same time? Such a sympathy and harmony (it seems) there was be- tween the two. 16. What was the end of plotting, the coming up of the York army towards the City and Parliament? 17. What was the end of the King's going to the Parlia- ment with his armed troops of furious Cavaliers, and their manner of carriage there? 18. \Vhat was the end of turning out our faithful brother Sir William Belphore from being Lieutenant of the Tower, and placing in his room that desperate Cavalier Lunsford? 19. By what authority was it, that the captains that were by the Parliament sent into Ireland to suppress the rebels there, came into England again to help the Malignant party against the Parliament? 20. Whether the present taking of Portsmouth by the King, through the infamous perfidiousness of Goring, may not stand the Malignants in as good stead against the Parliament and people as Hull, considering that Portsmouth is nearer both to France and Spain? 362 SOURCE-BOOK OF ENGLISH HISTORY. 21. Whether the King's Commission of Array, though it may seem to have in general some countenance from the law, yet can possibly be imagined to have any law at this time, when the King stands out against his Parliaments, to over- throw their militia, which is to no other end but to pre- serve both King and kingdom from imminent ruin ; consider- ing that no laws of the kingdom are destructive thereof, but preservative only? 22. Whether the gentry of England, who now appear for the King against the Parliament, and so against the whole kingdom, be true bred Englishmen, and gentlemen, or no : or if true bred, whether they be not so far degenerate as to become enemies of God and their country, and with Esau to sell their birthright of laws and liberties for a mess of broth, and so to purchase to their house a perpetual slavery, by shedding the blood of their brethren, which they prize at so vile and ignoble a rate ? 23. Whether the displacing of the good old justices ail over England, and setting up of new, being of the Malignant party and enemies of the kingdom, do not hasten the ruin thereof, while they labor to root out the Gospel, and all good- ness, to destroy the Parliament and all. good laws, and to countenance and maintain the most profane in the land, who are ready everywhere to make war against the Gospel, and all the faithful preachers thereof? 24. Whether the wounding of religion by reproachful names, as calling all the true professors thereof Roundheads and the like, be not a sleight of Jesuits to set the Protestants together by the ears, and their swords in one another's sides, that so they may all perish together? 25. Whether it be not the wisdom of all true-hearted Eng- lish, and such as account it their honor to be called and be true Protestants, and namely such as are enemies to papistry, however they may differ in opinion in matter of religion, according to the different degrees of light in their souls, yet not to differ in their affections one to another, but to be fast united in the bond of charity, and combined in a firm resolu- tion for the rooting out of all papery, according to the late protestation, which no true Protestant, and such as it not papishly affected, nor a lover of Antichrist, and so a hater of his own soul and salvation, will ever refuse to take, pro- fess, and maintain. 26. Why, notwithstanding so many protestations, and declarations to the contrary, are papish priests and Jesuits, THE PURITAN REVOLUTION 363 after they are justly condemned, according to the law, for traitors, reprieved, time after time, so as no justice can be executed on them ? 27. Whether so many proclamations, declarations, protes- tations or remonstrances, as are published in the King's name, being so full of manifest and palpable falshoods, and shameless untruths, whereby the true meaning people are most pitifully abused, seduced, deluded and blindfolded, to the undoing of themselves and of their dear country, by betraying it and themselves into the hands of most wicked tyrants and cut-throats, and open enemies of both God and men, ought not to be laid upon the King himself, as the su- preme author of them, seeing he is pleased to be the owner and maintainer of them ? And whether, in particular, it be not a meer mockery to send forth proclamations against papist-recusants, inhibiting and forbidding them upon pain of high displeasure to approach the King's person, court or army, whenas, for all this, most of them that be of the King's cavalry, and of his commanders, are papists, having nothing to excuse them from being recusants, but merely the pope's dispensation for going to kirk ; and all men know by experience, that Kirk-Papists are the worst and most dangerous ? 28. Whether the setting-up of the King's standard against the Parliament and the best subjects of the kingdom be not an actual unkinging of him, as whereby he professeth an open hostility against that kingdom and State, which at his coronation he swore to protect; and as now, intending and endeavoring with might and main to come in as a conqueror, and so to set up a lawless and tyranical government over his land, and so to make good what he hath promised, and (in his letter to the Pope of Rome lately published in English, as aforesaid) solemnly protested and vowed. These queries and questions being seriously and impar- tially satisfied and foyled, it cannot but most evidently appear to every intelligent heart that will not be wilfully blind, what is the aim and end of the Malignant party now in England, from the head to the foot of them ; and how much it concerns them all who love their religion, laws, and liberties to look about them, and timely to endeavor (by God's assistance) to prevent their great and imminent dangers. FINIS Septem. 8, 1642. (From King James, 'His Judgment of a. King and of a. Tyrant. Political tract, published Load., 1642.) 364 SOURCE-BOOK OF ENGLISH HISTORY 160. The Charge against the King Rushworih's Collections The deeds which cost Charles I. his crown are summed up in the formal charge against him at his trial. Although many grievances are omitted, and those presented are coloured by the spirit of a people in revolt, yet the arraignment places clearly before us the reasons for the action of that people. THE CHARGE AGAINST THE KING That the said Charles Stuart, being admitted King of Eng- land, and therein trusted with a limited power to govern by and according to the laws of the land, and not otherwise ; and by his trust, oath, and office, being obliged to use the power committed to him for the good and benefit of the people, and for the preservation of their rights and liberties ; yet, never- theless, out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his will, and to overthrow the rights and liberties of the people, yea, to take away and make void the foundations thereof, and of all redress and remedy of niisgovernment, which by the fundamental constitutions of this kingdom were reserved on the people's behalf in the right and power of frequent and successive Parliaments, or national meetings in Council ; he, the said Charles Stuart, for accomplishment of such his de- signs, and for the protecting of himself and his adherents in his and their wicked practices, to the same ends hath traitor- ously and maliciously levied war against the present Parlia- ment, and the people therein represented, particularly upon or about the 3Oth day of June, in the year of our Lord 1642, at Beverley, in the County of York ; and upon or about the 3Oth day of July in the year aforesaid in the County of the City of York; and upon or about the 24th day of August in the same year, at the County of the Town of Nottingham, where and when he set up his standard of war; and also on or about the 23rd day of October in the same year, at Edgehill or Keynton-field, in the County of Warwick ; and upon or about the 30th day of November in the same year, at Brentford, in the County of Middlesex ; and upon or about the 3Oth day of August, in the year of our Lord 1643, at the Caversham Bridge, near Reading, in the County of Berks ; and upon or about the 3oth day of October in the year last mentioned, at or upon the City of Gloucester; and upon or about the 3oth day of November in the year last mentioned, at Newbury, in the County of Berks ; and upon or THE PURITAN REVOLUTION 365 about the 3ist day of July, in the year of our Lord 1644, at Cropredy Bridge, in the County of Oxon ; and upon or about the 3Oth day of September in the last year mentioned, at Bod- min and other places near adjacent, in the County of Corn- wall ; and upon or about the 3Oth day of November in the year last mentioned, at Newbury aforesaid ; and upon or about the 8th day of June, in the year of our Lord 1645, at tne Town of Leicester; and also upon the I4th day of the same month in the same year, at Naseby-field, in the County of Northamp- ton. At which several times and places, or most of them, and at many other places in this land, at several other times within the years aforementioned, and in the year of our Lord 1646, he, the said Charles Stuart, hath caused and procured many thousands of the free people of this nation to be slain ; and by divisions, parties, and insurrections within this land, by invasions from foreign parts, endeavoured and procured by him, and by many other evil ways and means, he, the said Charles Stuart, hath not only maintained and carried on the said war both by land and sea, during the years beforemen- tioned, but also hath renewed, or caused to be renewed, the said war against the Parliament and good people of this na- tion in this present year 1648, in the Counties of Kent, Essex, Surrey, Sussex, Middlesex, and many other Counties and places in England and Wales, and also by sea. And particu- larly he, the said Charles Stuart, hath for that purpose given commission to his son the Prince, and others, whereby, be- sides multitudes of other persons, many such as were by the Parliament entrusted and employed for the safety of the nation (being by him or his agents corrupted to the betraying of their trust, and revolting from the Parliament), have had entertainment and commission for the continuing and renew- ing of war and hostility against the said Parliament and people as aforesaid. By which cruel and unnatural wars, by him, the said Charles Stuart, levied, continued, and renewed as aforesaid, much innocent blood of the free people of this nation hath been spilt, many families have been undone, the public treasure wasted and exhausted, trade obstructed and miserably decayed, vast expense and damage to the nation incurred, and many parts of this land spoiled, some of them even to desolation. And for further prosecution 'of his said evil designs, he, the said Charles Stuart, doth still continue his commissions to the said Prince, and other rebels and revolters, both English and foreigners, and to the Earl of Ormond, and the Irish rebels and revolters associated with 366 SOURCE-BOOK OF ENGLISH HISTORY him ; from whom further invasions upon this land are threat- ened, upon the procurement, and on the behalf of the said Charles Stuart. All which wicked designs, wars, and evil practices of him, the said Charles Stuart, have been, and are carried on for the advancement and upholding of a personal interest of will, power, and pretended prerogative to himself and his family, against the public interest, common right, liberty, justice, and peace of the people of this nation, by and from whom he was entrusted as aforesaid. By all which it appeareth that the said Charles Stuart hath been, and is the occasioner, author, and continuer of the said unnatural, cruel and bloody wars; and therein guilty of all the treasons, murders, rapines, burnings, spoils, desolations, damages and mischiefs to this nation, acted and committed in the said wars, or occasioned thereby. (RushwortJi's Collections, ed. cit., VII, 1396.) 161. Charles Refuses to Plead Rushwortk' 's Collections The Stuart theory of the Divine Right of Kings a theory which placed the sovereign above the law (see Nos. 148, 149 and 154) is clearly set forth in the reasoning by which Charles I. explained his refusal to submit to the jurisdiction of the High Court of Justice. While denying the right of the court to try him, Charles attempted to vindicate his conduct. The document is an excellent demonstration of the characteristics of the Stuarts. Having already made my protestations, not only against the illegality of this pretended Court, but also, that no earthly power can justly call me (who am your king) in question as a delinquent, I would not any more open my mouth upon this occasion, more than to refer myself to what I have spoken, were I in this case alone concerned : but the duty I owe to God in the preservation of the true liberty of my people will not suffer me at this time to be silent: for, how can any free- born subject of England call life or anything he possesseth his own, if power without right daily make new, and abrogate the old fundamental laws of the land which I now take to be the present case? Wherefore when I came hither, I expected that you would have endeavoured to have satisfied me con- cerning these grounds which hinder me to answer to your pre- tended impeachment. But since I see that nothing I can say will move you to it (though negatives are not so naturally proved as affirmatives) yet I will show you the reason why I am confident you cannot judge me, nor indeed the meanest THE PURITAN REVOLUTION 367 man in England: for I will not (like you) without showing a reason, seek to impose a belief upon my subjects. There is no proceeding just against any man, but what is warranted, either by God's laws or the municipal laws of the country where he lives. Now I am most confident this day's proceeding cannot be warranted by God's laws; for, on the contrary, the authority of obedience unto Kings is clearly warranted, and strictly commanded in both the Old and New Testament, which, if denied, I am ready instantly to prove. And for the question now in hand, there it is said, that 'where the word of a King is, there is power; and who may say unto him, what dost thou?' Eccles. viii. 4. Then for the law of this land, I am no less confident, that no learned lawyer will affirm that an impeachment can lie against the King, they all going in his name : and one of their maxims is, that the King can do no wrong. Besides, the law upon which you ground your proceedings, must either be old or new: if old, show it; if new, tell what authority, warranted by the fundamental laws of the land, hath made it, and when. But how the House of Commons can erect a Court of Judicature, which was never one itself (as is well known to all lawyers) I leave to God and the world to judge. And it were full as strange, that they should pretend to make laws without King or Lords' House, to any that have heard speak of the laws of England. And admitting, but not granting, that the people of Eng- land's commission could grant your pretended power, I see nothing you can show for that ; for certainly you never asked the question of the tenth man in the kingdom, and in this way you manifestly wrong even the poorest ploughman, if you demand not his free consent; nor can you pretend any colour for this your pretended commission, without the con- sent at least of the major part of every man in England of whatsoever quality or condition, which I am sure you never went about to seek, so far are you from having it. Thus you see that I speak not for my own right alone, as I am your King, but also for the true liberty of all my subjects, which consists not in the power of government, but in living under such laws, such a government, as may give themselves the best assurance of their lives, and property of their goods: nor in this must or do I forget the privileges of both Houses of Parliament, which this day's proceedings do not only violate, but likewise occasion the greatest breach of their public faith that (I believe) ever was heard of, with which I 368 SOURCE-BOOK OF ENGLISH HISTORY am far from charging the two Houses ; for all the pretended crimes laid against me bear date long before this Treaty at Newport, in which I having concluded as much as in me lay, and hopefully expecting the Houses' agreement thereunto, I was suddenly surprised and hurried from thence as a prisoner; upon which account I am against my will brought hither, where since I am come, I cannot but to my power defend the ancient laws and liberties of this kingdom, to- gether with my own just right. Then for anything I can see, the higher House is totally excluded; and for the House of Commons, it is too well known that the major part of them are detained or deterred from sitting; so as if I had no other, this were sufficient for me to protest against the lawfulness of your pretended Court. Besides all this, the peace of the kingdom is not the least in my thoughts; and what hope of settlement is there, so long as power reigns without rule or law, changing the whole frame of that government under which this kingdom hath flourished for many hundred years? (nor will I say what will fall out in case this lawless, unjust proceeding against me do go on) and believe it, the Commons of England will not thank you for this change ; for they will remember how happy they have been of late years under the reigns of Queen Elizabeth, the King my father, and myself, until the beginning of these unhappy troubles, and will have cause to doubt, that they shall never be so happy under any new : and by this time it will be too sensibly evident, that the arms I took up were only to defend the fundamental laws of this kingdom against those who have supposed my power hath totally changed the ancient government. Thus, having showed you briefly the reasons why I cannot submit to your pretended authority, without violating the trust which I have from God for the welfare and liberty of my people, I expect from you either clear reasons to convince my judgment, showing me that I am in an error (and then truly I will answer) or that you will withdraw your pro- ceedings. This I intended to speak in Westminster Hall, on Monday, January 22, but against reason was hindered to show my reasons. Rushworth' 's Collections, ed. cit., VII, 1403.) 162. The Sentence of the King Rushworth' 's Collections The sentence of the High Court of Justice affirms the limited power of the English monarchs, and sternly enumerates Charles' misuses of his royal prerogative. The judges reiterate the doc- THE PURITAN REVOLUTION 369 trine which formed the basis of the Puritan Revolution, that a king can be guilty of treason and, and if thus guilty, can be punished by the nation from whom alone is derived the right to rule. Whereas the Commons of England assembled in Parlia- ment, have by their late Act intituled an Act of the Commons of England assembled in Parliament, for erecting an High Court of Justice for the trying and judging of Charles Stuart, King of England, authorised and constituted us an High Court of Justice for the trying and judging of the said Charles Stuart for the crimes and treasons in the said Act mentioned; by virtue whereof the said Charles Stuart hath been three several times convented before this High Court, where the first day, being Saturday, the 2Oth of January instant, in pursuance of the said Act, a charge of high treason and other high crimes was, in the behalf of the people of England, exhibited against him, and read openly unto him, wherein he was charged, that he, the said Charles Stuart, being admitted King of England, and therein trusted with a limited power to govern by, and according to the law of the land, and not otherwise ; and by his trust, oath, and office, being obliged to use the power committed to him for the good and benefit of the people, and for the preservation of their rights and liberties ; yet, nevertheless, out of a wicked design to erect and uphold in himself an unlimited and tyrannical power to rule according to his will, and to overthrow the rights and liberties of the people, and to take away and make void the foundations thereof, and of all redress and remedy of misgovernment, which by the fundamental constitutions of this kingdom were reserved on the people's behalf in the right and power of frequent and successive Parliaments, or national meetings in Council ; he, the said Charles Stuart, for accomplishment of such his designs, and for the protecting of himself and his adherents in his and their wicked practices, to the same end hath traitorously and maliciously levied war against the present Parliament, and people therein repre- sented, as with the circumstances of time and place is in the said charge more particularly set forth ; and that he hath thereby caused and procured many thousands of the free people of this nation to be slain ; and by divisions, parties, and insurrections within this land, by invasions from foreign parts, endeavoured and procured by him, and by many other evil ways and means, he, the said Charles Stuart, hath not only maintained and carried on the said war both by sea and 3/o SOURCE-BOOK OF ENGLISH HISTORY land, but also hath renewed, or caused to be renewed, the said war against the Parliament and good people of this nation in this present year 1648, in several counties and places in this kingdom in the charge specified; and that he hath for that purpose given his commission to his son the Prince, and others, whereby, besides multitudes of other persons, many such as were by the Parliament entrusted and employed for the safety of this nation, being by him or his agents corrupted to the betraying of their trust, and revolting from the Par- liament, have had entertainment and commission for the continuing and renewing of the war and hostility against the said Parliament and people : and that by the said cruel and unnatural war so levied, continued and renewed, much in- nocent blood of the free people of this nation hath been spilt, many families undone, the public treasure wasted, trade obstructed and miserably decayed, vast expense and damage to the nation incurred, and many parts of the land spoiled, some of them even to desolation : and that he still continues his commission to his said son, and other rebels and revolters, both English and foreigners, and to the Earl of Ormond, and to the Irish rebels and revolters associated with him, from whom further invasions of this land are threatened by his procurement and of his behalf: and that all the said wicked designs, wars, and evil practices of him, the said Charles Stuart, were still carried on for the advancement and up- holding of the personal interest of will, power, and pretended prerogative to himself and his family, against the public interest, common right, liberty, justice, and peace of the people of this nation : and that he thereby hath been and is the occasioner, author, and continuer of the said unnatural, cruel, and bloody wars, and therein guilty of all the treasons, murders, rapines, burnings, spoils, desolations, damage, and mischief to this nation, acted and committed in the said wars, or occasioned thereby; whereupon the proceedings and judg- ment of this Court were prayed against him, as a tyrant, traitor, and murderer, and public enemy to the Common- wealth, as by the said charge more fully appeareth. To which charge, being read unto him as aforesaid, he, the said Charles Stuart, was required to give his answer; but he refused to do so : and upon Monday, the 22nd day of January instant, being again brought before this Court 1 , and there required to answer directly to the said charge, he still refused so to do; whereupon his default and contumacy was entered; and the next day, being the third time brought before the THE PURITAN REVOLUTION 371 Court, judgment was then prayed against him on the behalf of the people of England for his contumacy, and for the matters contained against him in the said charge, as taking the same for confessed, in regard of his refusing to answer thereto. Yet notwithstanding this Court (not willing to take advantage of his contempt) did once more require him to answer to the said charge ; but he again refused so to do : upon which his several defaults, this Court might justly have proceeded to judgment against him, both for his contumacy and the matters of the charge, taking the same for confessed as aforesaid. Yet nevertheless this Court, for its own clearer informa- tion and further satisfaction, have thought fit to examine witnesses upon oath and take notice of other evidences touching the matters contained in the said charge, which accordingly they have done. Now therefore upon serious and mature deliberation of the premises, and consideration had of the notoriety of the matters of fact charged upon him as aforesaid, this Court is in judgment and conscience satisfied that he, the said Charles Stuart, is guilty of levying war against the said Parliament and people, and maintaining and continuing the same; for which in the said charge he stands accused, and by the gen- eral course of his government, counsels, and practices, before and since this Parliament began (which have been and are notorious and public, and the effects whereof remain abund- antly upon record) this Court is fully satisfied in their judg- ments and consciences that he has been and is guilty of the wicked design and endeavours in the said charge set forth ; and that the said war hath been levied, maintained, and con- tinued by him as aforesaid, in prosecution and for accom- plishment of the said designs; and that he hath been and is the occasioner, author, and continuer of the said unnatural, cruel, and bloody wars, and therein guilty of high treason, and of the murders, rapines, burnings, spoils, desolations, damage, and mischief to this nation acted and committed in the said war, and occasioned thereby. For all which treasons and crimes this Court doth adjudge that he, the said Charles Stuart, as a tyrant, traitor, murderer, and public enemy to the good people of this nation, shall be put to death by severing of his head from his body. (RushwortW s Collections, ed. cit., VII, 1418.) 372 SOURCE-BOOK OF ENGLISH HISTORY 163. The Death Warrant of the King Rushiuorth's Collections The death warrant of Charles I., however pathetic in its tra- gedy of misspent opportunities and of a monarch dying at the hands of his subjects, yet bears in its words the triumphant vindication of the will of the people as the real force and majesty of all law. At the High Court of Justice for the trying and judging of Charles Stuart, King of England, Jan. 29, 164.8. Whereas Charles Stuart, King of England, is, and standeth convicted, attainted, and condemned of high treason, and other high crimes ; and sentence upon Saturday last was pro- nounced against him by this Court, to be put to death by the severing of his head from his body; of which sentence, execu- tion yet remaineth to be done : These are therefore to will and require you to see the said sentence executed in the open street before Whitehall, upon the morrow, being the 3Oth day of this instant month of January, between the hours of 10 in the morning and 5 in the afternoon of the same day, with full effect. And for so doing this shall be your suffi- cient warrant. And these are to require all officers, soldiers, and others, the good people of this nation of England, to be assisting unto you in this service. To Col. Francis Hacker, Col. Huncks, and Lieut. -Col. Phray, and to every of them. Given under our hands and seals. John Bradshaw. Thomas Grey. Oliver Cromwell, etc., etc. (RnshwortK's Collections, ed. cit., VII, 1426.) CHAPTER XXII ENGLAND A COMMONWEALTH Formal Declaration of the Commonwealth Acts and Ordinances, ScobcJl The Acts abolishing the office of king and the House of Lords were followed by the statute which declared England to be a commonwealth. Yet these enactments, while they close the first period of the English monarchy, did not promote a real democracy. The despotism of the king was succeeded by the despotism of the Lord Protector, and the change of government was only in name. The oath of fidelity required to be taken, ran as follows : "I do declare and promise that I will be true and faithful to the Commonwealth of England, as it is now established, without a King or House of Lords." 164. The Act Abolishing the Office of King (May 17, 1649) Acts and Ordinances, Scobell Whereas Charles Stuart, late King of England, Ireland, and the territories and dominions thereunto belonging, hath by authority derived from Parliament been and is hereby declared to be justly condemned, adjudged to die, and put to death, for many treasons, murders, and other heinous offences committed by him, by which judgment he stood, and is hereby declared to be attained to high treason, whereby his issue and posterity, and all others pretending title under him, are become incapable of the said Crowns, or of being King or Queen of the said kingdom or dominions, or either or any of them ; be it therefore enacted and ordained, and it is enacted, ordained, and declared by this present Parliament, and by authority thereof, that all the people of England and Ireland, and the dominions and territories thereunto belonging, of what degree or condition soever, are discharged of all fealty, homage, and allegiance which is or shall be pretended to be due unto any of the issue and posterity of the said late King, or any claiming under him ; and that Charles Stuart, eldest son, and James called Duke of York, second son, and all other the issue and posterity of him the said late King, and all and 373 374 SOURCE-BOOK OF ENGLISH HISTORY every person and persons pretending title from, by, or under him, are and be disabled to hold or enjoy the said Crown of England and Ireland, and other the dominions thereunto be- longing, or any of them ; or to have the name, title, style, or dignity of King or Queen of England and Ireland, Prince of Wales, or any of them ; or to have and enjoy the power and dominion of the said kingdoms and dominions, or any of them, or the honors, manors, lands, tenements, possessions, and hereditaments belonging or appertaining to the said Crown of England and Ireland, and other the dominions aforesaid, or to any of them; or to the Principality of Wales, Duchy of Lancaster or Cornwall, or any or either of them, any law, statute, ordinance, usage, or custom to the contrary hereof in any wise notwithstanding. And whereas it is and hath been found by experience, that the office of a King in this nation and Ireland, and to have the power thereof in any single person, is unnecessary, bur- densome, and dangerous to the liberty, safety, and public interest of the people, and that for the most part, use hath been made of the regal power and prerogative to oppress and impoverish and enslave the subject; and that usually and naturally any one person in such power makes it his interest to incroach upon the just freedom and liberty of the people, and to promote the setting up of their own will and power above the laws, that so they might enslave these kingdoms to their own lust; be it therefore enacted and ordained by this present Parliament, and by authority of the same, that the office of a King in this nation shall not henceforth reside in or be exercised by any one single person ; and that no one person whatsoever shall or may have, or hold the office, style, dignity, power, or authority of King of the said kingdoms and dominions, or any of them, or of the Prince of Wales, any law, statute, usage, or custom to the contrary thereof in any wise notwithstanding. And it is hereby enacted, that if any person or persons shall endeavour to attempt by force of arms or otherwise, or be aiding, assisting, comforting, or abetting unto any person or persons that shall by any ways or means whatsoever en- deavour or attempt the reviving or setting up again of any pretended right of the said Charles, eldest son to the said late King, James called Duke of York, or of any other the issue and posterity of the said late King, or of any person or per- sons claiming under him or them, to the said regal office, style, dignity, or authority, or to be Prince of Wales; or the ENGLAND A COMMONWEALTH 375 promoting of any one person whatsoever to the name, style, dignity, power, prerogative, or authority of King of England and Ireland, and dominions aforesaid, or any of them; that then every such offence shall be deemed and adjudged high treason, and the offenders therein, their counsellors, pro- curers, aiders and abettors, being convicted of the said of- fence, or any of them, shall be deemed and adjudged traitors against the Parliament and people of England, and shall suffer, lose, and forfeit, and have such like and the same pains, forfeitures, judgments, and execution as is used in case of high treason. And whereas by the abolition of the kingly office provided for in this Act, a most happy way is made for this nation (if God see it good) to return to its just and ancient right, of being governed by its own representatives or national meet- ings in council, from time to time chosen and entrusted for that purpose by the people, it is therefore resolved and de- clared by the Commons assembled in Parliament, that they will put a period to the sitting of this present Parliament, and dissolve the same so soon as may possibly stand with the safety of the people that hath betrusted them, and with what is absolutely necessary for the preserving and upholding the Government now settled in the way of a Commonwealth ; and that they will carefully provide for the certain choosing, meeting, and sitting of the next and future representatives, with such other circumstances of freedom in choice and equality in distribution of members to be elected thereunto, as shall most conduce to the lasting freedom and good of this Commonwealth. And it is hereby further enacted and declared, notwith- standing any thing contained in this Act, no person or per- sons of what condition and quality soever, within the Com- monwealth of England and Ireland, dominion of Wales, the islands of Guernsey and Jersey, and town of Berwick-upon- Tweed, shall be discharged from the obedience and subjec- tion which he and they owe to the Government of this nation, as it is now declared, but all and every of them shall in all things render and perform the same, as of right is due unto the supreme authority hereby declared to reside in this and the successive representatives of the people of this nation, and in them only. (A Collection of Acts and Ordinances of General Vfejetc., ed. H. Scobell, Lend., 1698, II, ^.) ,, 376 SOURCE-BOOK OF ENGLISH HISTORY 165. The House of Lords Abolished (March 19, 1649) The Commons of England assembled in Parliament, find- ing by too long experience that the House of Lords is useless and dangerous to the people of England to be continued, have thought fit to ordain and enact, and be it ordained and en- acted by this present Parliament, and by the authority of the same, that from henceforth the House of Lords in Parliament shall be and is hereby wholly abolished and taken away; and that the Lords shall not from henceforth meet or sit in the said House called the Lords' House, or in any other house or place whatsoever, as a House of Lords ; nor shall sit, vote, advise, adjudge, or determine of any matter or thing what- soever, as a House of Lords in Parliament : nevertheless it is hereby declared, that neither such Lords as have demeaned themselves with honour, courage, and fidelity to the Com- monwealth, nor their posterities who shall continue so, shall be excluded from the public councils of the nation, but shall be admitted thereunto, and have their free vote in Parlia- ment, if they shall be thereunto elected, as other persons of interest elected and qualified thereunto ought to have. And be it further ordained and enacted by the authority aforesaid, that no Peer of this land, not being elected, quali- fied and sitting in Parliament as aforesaid, shall claim, have, or make use of any privilege of Parliament, either in relation to his person, quality, or estate, any law, usage, or custom to the contrary notwithstanding. (Scobell Collection, ed. cited, II, 8.) 166. England declared to be a Commonwealth (May 19, 1649) Be it declared and enacted by this present Parliament, and by the authority of the same, that the people of England, and of all the dominions and territories thereunto belonging, are and shall be, and are hereby constituted, made, established, and confirmed, to be a Commonwealth and Free State, and shall from henceforth be governed as a Commonwealth and Free State by the supreme authority of this nation, the repre- sentatives of the people in Parliament, and by such as they shall appoint and constitute as officers and ministers under them for the good of the people, and that without any King or House of Lords. (Scobell Collection, ed. cited, II, 30.) ENGLAND A COMMONWEALTH 377 167. The Instrument of Government Parliamentary History In the stormy period of the Puritan Revolution, three great models for the constitutional government of the realm were evolved. These were, the Agreement of the People (Jan. 15, 1648-9), the Instrument of Government (Dec. 16, 1653), and the Humble Petition and Advice (May 25, 1657), with its amend- ments (June 26, 1657). In these documents is foreshadowed much of the constitutional and political development of Great Britain and of the United States of America. Although these constitutional plans failed of immediate effect, this was not be- cause of their lack of merit. The circumstances of the times were such as to prevent the realization of the political ideals therein set forth. The models themselves do not entirely escape the influence of the personal equation of the environment which made them possible. The Instrument of Government, however, is least affected by the fears of the people and the ambitions of their leaders. It has therefore been selected as a type of the highest development of constitutional theory that had yet been reached in English history. The government of the Commonwealth of England, Scot- land, and Ireland, and the dominions thereunto belonging. I. That the supreme legislative authority of the Common- wealth of England, Scotland, and Ireland, and the dominions thereunto belonging, shall be and reside in one person, and the people assembled in Parliament : the style of which person shall be the Lord Protector of the Commonwealth of Eng- land, Scotland, and Ireland. II. That the exercise of the chief magistracy and the ad- ministration of the government over the said countries and dominions, and the people thereof, shall be in the Lord Pro- tector, assisted with a council, the number whereof shall not exceed twenty-one, nor be less than thirteen. III. That all writs, processes, commissions, patents, grants, and other things, which now run in the name and style of the keepers of the liberty of England by authority of Parliament, shall run in the name and style of the Lord Protector, from whom, for the future, shall be derived all magistracy and honours in these three nations; and have the power of par- dons (except in case of murders and treason) and benefit of all forfeitures for the public use; and shall govern the said countries and dominions in all things by the advice of the council, and according to these presents and the laws. IV. That the Lord Protector, the Parliament sitting, shall dispose and order the militia and forces, both by sea and land, for the peace and good of the three nations, , by consent of 378 SOURCE-BOOK OF ENGLISH HISTORY Parliament ; and that the Lord Protector, with the advice and consent of the major part of the council, shall dispose and order the militia for the ends aforesaid in the intervals of Parliament. V. That the Lord Protector, by the advice aforesaid, shall direct in all things concerning the keeping and holding of a good correspondency with foreign kings, princes, and states; and also, with the consent of the major part of the council, have the power of war and peace. VI. That the laws shall not be altered, suspended, abro- gated, or repealed, nor any new law made, nor any tax, charge, or imposition laid upon the people, but by common consent in Parliament, save only as is expressed in the thir- tieth article. VII. That there shall be a Parliament summoned to meet at Westminster upon the third day of September, 1654, and that successively a Parliament shall be summoned once in every third year, to be accounted from the dissolution of the present Parliament. VIII. That neither the Parliament to be next summoned, nor any successive Parliaments, shall, during the time of five months, to be accounted from the day of their first meeting, be adjourned, prorogued, or dissolved, without their own consent. IX. That as well the next as all other successive Parlia- ments shall be summoned and elected in manner hereafter expressed ; that is to say, the persons to be chosen within England, Wales, the Isles of Jersey, Guernsey, and the town of Berwick-upon-Tweed, to sit and serve in Parliament, shall be, and not exceed, the number of four hundred. The per- sons to be chosen within Scotland, to sit and serve in Parlia- ment, shall be, and not exceed, the number of thirty; and the persons to be chosen to sit in Parliament for Ireland shall be, and not exceed, the number of thirty. X. That the persons to be elected to sit in Parliament from time to time, for the several counties of England, Wales, the Isles of Jersey and Guernsey, and the town of Berwick-upon- Tweed, and all places within the same respectively, shall be according to the proportions and numbers hereafter ex- pressed: that is to say, [Here follows the apportionment.] The distribution of the persons to be chosen for Scotland and Ireland, and the several counties, cities, and places therein, shall be according to such proportions and number a shall be agreed upon and declared by the Lord Protector ENGLAND A COMMONWEALTH 379 and the major part of the council, before the sending forth writs of summons for the next Parliament. XI. That the summons to Parliament shall be by writ under the Great Seal of England, directed to the sheriffs of the several and respective counties, with such alteration as may suit with the present government, to be made by the Lord Protector and his council, which the Chancellor, Keeper, or Commissioners of the Great Seal shall seal, issue, and send abroad by warrant from the Lord Protector. If the Lord Pro- tector shall not give warrant for issuing of writs of summons for the next Parliament, before the first of June, 1654, or for the Triennial Parliaments, before the first day of August in every third year, to be accounted as aforesaid ; that then the Chancellor, Keeper, or Commissioners of the Great Seal for the time being, shall, without any warrant or direction, within seven days after the said first day of June, 1654, seal, issue, and send abroad writs of summons (changing therein what is to be changed as aforesaid) to the several and respective Sheriffs of England, Scotland, and Ireland, for summoning the Parliament to meet at Westminster, the third day of Sep- tember next; and shall likewise, within seven days after the said first day of August, in every third year, to be accounted from the dissolution of the precedent Parliament, seal, issue, and send forth abroad several writs of summons (changing therein what is to be changed) as aforesaid, for summoning the Parliament to meet at Westminster the sixth of Novem- ber in that third year. That the said several and respective Sheriffs shall, within ten days after the receipt of such writ as aforesaid, cause the same to be proclaimed and published in every market-town within his county upon the market- days thereof, between twelve and three of the clock ; and shall then also publish and declare the certain day of the week and month, for choosing members to serve in Parliament for the body of the said county, according to the tenor of the said writ, which shall be upon Wednesday five weeks after the date of the writ; and shall likewise declare the place where the election shall be made : for which purpose he shall appoint the most convenient place for the whole county to meet in; and shall send precepts for elections to be made in all and every city, town, borough, or place within his county, where elections are to be made by virtue of these presents, to the Mayor, Sheriff, or other head officer of such city, town, borough, or place, within three days after the receipt of such writ and writs; which the said Mayors, Sheriffs, and officers 380 SOURCE-BOOK OF ENGLISH HISTORY respectively are to make publication of, and of the certain day for such elections to be made in the said city, town, or place aforesaid, and to cause elections to be made accordingly. XII. That at the day and place of elections, the Sheriff of each county, and the said Mayors, Sheriffs, Bailiffs, and other head officers within their cities, towns, boroughs, and places respectively, shall take view of the said elections, and shall make return into the chancery within twenty days after the said elections, of the persons elected by the greater num- ber of electors, under their hands and seals, between him on the one part, and the electors on the other part ; wherein shall be contained, that the persons elected shall not have power to alter the government as it is hereby settled in one single person and a Parliament. XIII. That the Sheriff, who shall wittingly and willingly make any false return, or neglect his duty, shall incur the penalty of 2000 marks of lawful English money ; the one moiety to the Lord Protector, and the other moiety to such person as will sue for the same. XIV. That all and every person and persons, who have aided, advised, assisted, or abetted in any war against the Parliament, since the first day of January, 1641 (unless they have been since in the service of the Parliament, and given signal testimony of their good affection thereunto) shall be disabled and incapable to be elected, or to give any vote in the election of any members to serve in the next Parliament, or in the three succeeding Triennial Parliaments. XV. That all such, who have advised, assisted, or abetted the rebellion of Ireland, shall be disabled and incapable for ever to be elected, or give any vote in the election of any member to serve in Parliament ; as also all such who do or shall profess the Roman Catholic religion. XVI. That all votes and elections given or made contrary, or not according to these qualifications, shall be null and void; and if any person, who is hereby made incapable, shall give his vote for election of members to serve in Parliament, such person shall lose and forfeit one full year's value of his real estate, and one full third part of his personal estate ; one moiety thereof to the Lord Protector, and the other moiety to him or them who shall sue for the same. XVII. That the persons who shall be elected to serve in Parliament, shall be such (and no other than such) as are persons of known integrity, fearing God, and of good conver- sation, and being of the age of twenty-one years, ENGLAND A COMMONWEALTH 381 XVIII. That all and every person and persons seised or possessed to his own use, of any estate, real or personal, to the value of 200, and not within the aforesaid exceptions, shall be capable to elect members to serve in Parliament for counties. XIX. That the Chancellor, Keeper, or Commissioners of the Great Seal, shall be sworn before they enter into their offices, truly and faithfully to issue forth, and send abroad, writs of summons to Parliament, at the times and in the manner before expressed: and in case of neglect or failure to issue and send abroad writs accordingly, he or they shall for every such offence be guilty of high treason, and suffer the pains and penalties thereof. XX. That in case writs be not issued out, as is before ex- pressed, but that there be a neglect therein, fifteen days after the time wherein the same ought to be issued out by the Chancellor, Keeper, or Commissioners of the Great Seal ; that then the Parliament shall, as often as such failure shall happen, assemble and be held at Westminster, in the usual place, at the times prefixed, in manner and by the means hereafter expressed; that is to say, that the sheriffs of the several and respective counties, sheriffdoms, cities, boroughs, and places aforesaid within England, Wales, Scotland, and Ireland, the Chancellor, Masters, and Scholars of the Uni- versities of Oxford and Cambridge, and the Mayor and Bailiffs of the borough of Berwick-upon-Tweed, and other places aforesaid respectively, shall at the several courts and places to be appointed as aforesaid, within thirty days after the said fifteen days, cause such members to be chosen for their said several and respective counties, sheriffdoms, uni- versities, cities, boroughs, and places aforesaid, by such per- sons, and in such manner, as if several and respective writs of summons to Parliament under the Great Seal had issued and been awarded according to the tenor aforesaid : that if the sheriff, or other persons authorised, shall neglect his or their duty herein, that all and every such sheriff and person authorised as aforesaid, so neglecting his or their duty, shall, for every such offence, be guilty of high treason, and shall suffer the pains and penalties thereof. XXI. That the clerk, called the clerk of the Common- wealth in Chancery for the time being, and all others, who shall afterwards execute that office, to whom the returns shall be made, shall for the next Parliament, and the two succeeding triennial Parliaments, the next day after such re- 382 SOURCE-BOOK OF ENGLISH HISTORY turn, certify the names of the several persons so returned, and of the places for which he and they were chosen respect- ively, unto the Council ; who shall peruse the said returns, and examine whether the persons so elected and returned be such as is agreeable to the qualifications, and not disabled to be elected : and that every person and persons being so duly elected, and being approved of by the major part of the Council to be persons not disabled, but qualified as afore- said, shall be esteemed a member of Parliament, and be ad- mitted to sit in Parliament, and not otherwise. XXII. That the persons so chosen and assembled in man- ner aforesaid, or any sixty of them, shall be, and be deemed the Parliament of England, Scotland, and Ireland ; and the supreme legislative power to be and reside in the Lord Pro- tector and such Parliament, in manner herein expressed. XXIII. That the Lord Protector, with the advice of the major part of the Council, shall at any other time than is before expressed, when the necessities of the State shall require it, summon Parliaments in manner before expressed, which shall not be adjourned, prorogued, or dissolved with- out their o\vn consent, during the first three months of their sitting. And in case of future war with any foreign State, a Parliament shall be forthwith summoned for their advice concerning the same. XXIV. That all Bills agreed unto by the Parliament, shall be presented to the Lord Protector for his consent; and in case he shall not give his consent thereto within twenty days after they shall be presented to him, or give satisfaction to the Parliament within the time limited, that then, upon de- claration of the Parliament that the Lord Protector hath not consented nor given satisfaction, such Bills shall pass into and become laws, although he shall not give his consent thereunto; provided such Bills contain nothing in them contrary to the matters contained in these presents. XXV. That Henry Lawrence, Esq., [The names of fifteen members follow], or any seven of them, shall be a Council for the purposes expressed in this writing ; and upon the death or other removal of any of them, the Parliament shall nominate six persons of ability, integrity, and fearing God, for every one that is dead or removed; out of which the major part of the Council shall elect two, and present them to the Lord Protector, of which he shall elect one; and in case the Parliament shall not nominate within twenty days after notice given unto them thereof, the major part of the ENGLAND A COMMONWEALTH. 3*3 Council shall nominate three as aforesaid to the Lord Pro- tector, who out of them shall supply the vacancy; and until this choice be made, the remaining part of the Council shall execute as fully in all things, as if their number were full. And in case of corruption, or other miscarriage in any of the Council in their trust, the Parliament shall appoint seven of their number, and the Council six, who, together with the Lord Chancellor, Lord Keeper, or Commissioners of the Great Seal for the time being, shall have power to hear and determine such corruption and miscarriage, and to award and inflict punishment, as the nature of the offence shall deserve, which punishment shall not be pardoned or remitted by the Lord Protector; and, in the interval of Parliaments, the major part of the Council, with the consent of the Lord Protector, may, for corruption or other miscarriage as afore- said, suspend any of their number from the exercise of their trust, if they shall find it just, until the matter shall be heard and examined as aforesaid. XXVI. That the Lord Protector and the major part of the Council aforesaid may, at any time before the meeting of the next Parliament, add to the Council such persons as they shall think fit, provided the number of the Council be not made thereby to exceed twenty-one, and the quorum to be proportioned accordingly by the Lord Protector and the major part of the Council. XXVII. That a constant yearly revenue shall be raised, settled, and established for maintaining of 10,000 horse and dragoons, and 20,000 foot, in England, Scotland and Ireland, for the defence and security thereof, and also for a con- venient number of ships for guarding of the seas; besides 200,000 per annum for defraying the other necessary charges of administration of justice, and other expenses of the Government, which revenue shall be raised by the customs, and such other ways and means as shall be agreed upon by the Lord Protector and the Council, and shall not be taken away or dimished, nor the way agreed upon for raising the same altered, but by the consent of the Lord Pro- tector and the Parliament. XXVIII. That the said yearly revenue shall be paid into the public treasury, and shall be issued out for the uses aforesaid. XXIX. That in case there shall not be cause hereafter to keep up so great a defence both at land or sea, but that there be an abatement made thereof, the money which will be 384 SOURCE-BOOK OP ENGLISH HISTORY saved thereby shall remain in bank for the public service, and not be employed to any other use but by consent of Parliament, or, in the intervals of Parliament, by the Lord Protector and major part of the Council. XXX. That the raising of money for defraying the charge of the present extraordinary forces, both at sea and land, in respect of the present wars, shall be by consent of Parlia- ment, and not otherwise : save only that the Lord Protector, with the consent of the major part of the Council, for pre- venting the disorders and dangers which might otherwise fall out both by sea and land, shall have power, until the meeting of the first Parliament, to raise money for the purposes aforesaid ; and also to make laws and ordinances for the peace and welfare of these nations where it shall be necess- ary, which shall be binding and in force, until order shall be taken in Parliament concerning the same. XXXI. That the lands, tenements, rents, royalties, juris- dictions and hereditaments which remain yet unsold or undisposed of, by Act or Ordinance of Parliament, belonging to the Commonwealth (except the forests and chases, and the honours and manors belonging to the same; the lands of the rebels in Ireland, lying in the four counties of Dublin, Cork, Kildare, and Carlow ; the lands forfeited by the people of Scotland in the late wars, and also the lands of Papists and delinquents in England who have not yet compounded), shall be vested in the Lord Protector, to hold, to him and his suc- cessors, Lords Protectors of these nations, and shall not be alienated but by consent in Parliament. And all debts, fines, issues, amercements, penalties and profits, certain and casual, due to the Keepers of the liberties of England by authority of Parliament, shall be due to the Lord Protector, and be payable into his public receipt, and shall be recovered and prosecuted in his name. XXX That the office of Lord Protector over these nations shall be elective and not hereditary ; and upon the death of the Lord Protector, another fit person shall be forthwith elected to succeed him in the Government; which election shall be by the Council, who, immediately upon the death of the Lord Protector, shall assemble in the Chamber where they usually sit in Council ; and, having given notice to all their members of the cause of their assembling, shall, being thirteen at least present, proceed to the election ; and, before they depart the said Chamber, shall elect a fit person to succeed in the Government, and forthwith cause proclama- ENGLAND A COMMONWEALTH 3S tion thereof to be made in all the three nations as shall be requisite; and the person that they, or the major part of them, shall elect as aforesaid, shall be, and shall be taken to be, Lord Protector over these nations of England, Scotland and Ireland, and the dominions thereto belonging. Provided that none of the children of the late King, nor any of his line or family, be elected to be Lord Protector or other Chief Magistrate over these nations, or any the dominions thereto belonging. And until the aforesaid election be past, the Council shall take care of the Government, and administer in all things as fully as the Lord Protector, or the Lord Pro- tector and Council are enabled to do. XXXIII. That Oliver Cromwell, Captain-General of the forces of England, Scotland and Ireland, shall be, and is hereby declared to be, Lord Protector of the Commonwealth of England, Scotland and Ireland, and the dominions thereto belonging, for his life. XXXIV. That the Chancellor, Keeper or Commissioners of the Great Seal, the Treasurer, Admiral, Chief Governors of Ireland and Scotland, and the Chief Justices of both the Benches, shall be chosen by the approbation of Parliament ; and, in the intervals of Parliament, by the approbation of the major part of the Council, to be afterwards approved by the Parliament. XXXV. That the Christian religion, as contained in the Scriptures, be held forth and recommended as the public profession of these nations ; and that, as soon as may be, a provision, less subject to scruple and contention, and more certain than the present, be made for the encouragement and maintenance of able and painful teachers, for instructing the people, and for discovery and confutation of error, hereby, and whatever is contrary to sound doctrine; and that until such provision be made, the present maintenance shall not be taken away or impeached. XXXVI. That to the public profession held forth none shall be compelled by penalties or otherwise; but that en- deavours be used to win them by sound doctrine and the example of a good conversation. XXXVII. That such as profess faith in God by Jesus Christ (though differing in judgment from the doctrine, wor- ship or discipline publicly held forth) shall not be restrained from, but shall be protected in, the profession of the faith and exercise of their religion; so as they abuse not this liberty to the civil injury of others and to the actual dis- 386 SOURCE-BOOK OF ENGLISH HISTORY turbance of the public peace on their parts: provided this liberty be not extended to Popery or Prelacy, nor to such as, under the profession of Christ, hold forth and practise licen- tiousness. XXXVIII. That all laws, statutes and ordinances, and clauses in any law, statute or ordinance to the contrary of the aforesaid liberty, shall be esteemed as null and void. XXXIX. That the Acts and Ordinances of Parliament made for the sale or other disposition of the lands, rents and hereditaments of the late King, Queen, and Prince, of Arch- bishops and Bishops, etc., Deans and Chapters, the lands of delinquents and forest-lands, or any of them, or of any other lands, tenements, rents and hereditaments belonging to the Commonwealth, shall nowise be impeached or made invalid, but shall remain good and firm; and that the securities given by Act and Ordinance of Parliament for any sum or sums of money, by any of the said lands, the excise, or any other public revenue ; and also the securities given by the public faith of the nation, and the engagement of the public faith for satisfaction of debts and damages, shall remain firm and good, and not be made void and invalid upon any pretence whatsoever. XL. That the Articles given to or made with the enemy, and afterwards confirmed by Parliament, shall be performed and made good to the persons concerned therein ; and that such appeal as were depending in the last Parliament for relief concerning bills of sale of delinquents' estates, may be heard and determined the next Parliament, any thing in this writing or otherwise to the contrary notwithstanding. XLI. That every successive Lord Protector over these nations shall take and subscribe a solemn oath, in the presence of the Council, and such others as they shall call to them, that he will seek the peace, quiet and welfare of these nations, cause law and justice to be equally administered: and that he will not violate or infringe the matters and things contained in this writing, and in all other things will, to his power and to the best of his understanding, govern these nations according to the laws, statutes and customs thereof. XLII. That each person of the Council shall, before they enter upon their trust, take and subscribe an oath, that they will be true and faithful in their trust, according to the best of their knowledge; and that in the election of every suc- cessive Lord Protector they shall proceed therein impartially, ENGLAND A COMMONWEALTH 387 and do nothing therein for any promise, fear, favour or reward. (Parliamentary History, ed. cit., XX, 248.) 168. Cromwell disciplines his First Parliament Goddard The first Parliament of the Commonwealth met in September, 1654. Its members seemed to be resolved to take from Crom- well much of the power which he considered necessary to the office of Lord Protector. These members desired to make absolute the authority of Parliament. Some of them were anxious to set aside the Instrument of Government; others had no love for the Commonwealth or its leaders. So great was the popular dissatisfaction, so imminent was the danger that the royalists might regain power, that Cromwell resolved upon a desperate remedy. He proposed to the members of Parliament a form of oath of allegiance, binding them to himself and his form of government and pledging them not to alter that form. All members who refused to subscribe to this oath he turned out of the House. An account of this high-handed, though from the Puritan point of view justifiable proceeding, is given in the following selection. Tuesday 12. [Sept. 1654.] This morning news was brought to the Herald's Office, where I lay, with my brother Bish, that the Parliament House was dissolved, and that, for certain, the Council of State and Council of War, had sat together all the Sabbath-day before, and had then contrived this dissolu- tion. Notwithstanding, I was resolved to go to Westminster, to satisfy myself of the truth, and to take my share of what I should see or learn there. Going by water to Westminster, I was told that the Par- liament doors were locked up and guarded with soldiers, and the barges were to attend the Protector to the Painted Cham- ber. As I went, I saw two barges at the Privy Stairs. Being come to the Hall, I was confirmed in what I had heard. Nevertheless, I did purpose not to take things merely upon trust, but would receive an actual repulse, to confirm my faith. Accordingly, I attempted up the Parliament-stairs, but there was a guard of soldiers, who told me there was no passage that way; that the House was locked up, and com- mand given to give no admittance to any. That, if I were a member, I might go into the Painted Chamber, where the Protector would presently be. The mace was taken away by Commissary-general Whal- ley. The Speaker and all the members were walking up and down the Hall, the Court of Requests, and the Painted Cham- 388 SOURCE-BOOK OF ENGLISH HISTORY her, expecting the Protector's coming; the passages there, being likewise guarded with soldiers. The Protector coming about ten of the clock, attended with his officers, life-guard, and halberds, he took his place upon the scaffold, where it was before, and made a speech of about an hour and a-half long. Wherein he did not for- bear to tell us, that he did expect and hope for better fruit and effect of our last meeting in that place than he had yet found; that he perceived there was a necessity upon him to magnify, as he called it, his office. He told us a large series of the providences of God and the suffrages of the people, which were so many witnesses, evidences, and seals, of his calling to the government, and which did cause him to put a greater value upon his title so derived, than upon the broken hereditary title of any prince whatsoever. That having received his office from God and from the people, he was resolved never to part with it, until God and the people should take it from him. That it could not be expected, when he told us before, that we were a free Parliament, that he meant it otherwise free than as it should act under the government. That those pitiful forwardnesses and peevishnesses, which were abroad, he valued no more than the motes in the sun. But that the Parliament should now dispute his office under whose au- thority we were then met, was a great astonishment to him. That he was unwilling to break privileges ; but necessity had no law. He told us, he had ordered the Parliament doors to be locked up and guarded, and had appointed an officer to take subscriptions to a recognition of his authority; which being done might give us an entrance. Which being said, we were dismissed about eleven o'clock. His party, that is, courtiers and officers of the army, and some others, presently subscribed. Before they adjourned, which was about twelve of the clock, there were about one hundred subscriptions; which being entered, they sent for the Speaker, who came, subscribed, entered, and adjourned until two of the clock. In the mean time, the rest of the members consulted one another's judgments. I went to see what it was that we were to subscribe unto. It was written in a long piece of parch- ment in these words, or to that effect, viz. : "I do hereby freely promise and engage, that I will be true and faithful to the Lord Protector and the Commonwealth ENGLAND A COMMONWEALTH 389 of England, Scotland, and Ireland, and that according to the tenor of the indentures whereby I am returned to serve in this present Parliament, I will not propose, or consent to alter the government as it is settled in a sole person and the Parlia- ment." Our Norfolk members did not presently subscribe, saving only Mr. Frere, who instantly subscribed it. The rest of our members did most of us dine together, purposely to consult what was fittest to be done in so great an exigent, in order to the discharge of our trust. And, truly, the subscription was, in effect, no more than what we were restrained unto by our Indentures, and the thing would be done without us, and we had fairly contended for it : we had not given the ques- tion, but it was forced from us, and we were told that plainly it must be so. For these and several other considerations and reasons, which we thought ought to prevail with men preferring the peace of our countries and the safety of our people immediately concerned in this affair, before passions and humours, we thought fit rather to give way to the present necessity, and to comply with it by submitting than refusing. Accordingly we did subscribe, all except Mr. Woodhouse, Mr. Hobart, and Mr. Church. And although we condemn th : breach of privilege as much as any, yet we doubt not but to acquit ourselves to God, and to our country, in so doing, rather than to put the nation into another combustion and confusion. After we had subscribed, we went into the House, and after some expressions of tenderness and respects to our fellow members without, we adjourned until Thursday morn- ing ; the next day, Wednesday, being the Fast. {An Account of the Parliament of 1654 from the Journal of Guibon Goddard, in Diary of Thomas Burton, ed. G. T. Ruth, Loud., 1828, vol. I, p. xxxii.) 169. Cromwell and the Kingship Keunett That Cromwell desired to be king seems, in this day, fully established. When matters had been so arranged that the crown seemed within his grasp, and while the voice of the army had not yet been raised to warn him that his acceptance of the king- ship would lead to his overthrow, Cromwell took counsel with his intimates upon the wisdom of the step. The following ac- count of his interview with Whitlock is most characteristic. Upon this juncture Cromwell advises with Commissioner Whitlock how to maintain all things in order and obedience ; "What if a man should take upon him to be King?" Whit- 39 SOURCE-BOOK OF ENGLISH HISTORY lock, "I think that remedy would be worse than the disease." Cromwell, "Why do you think so?" W hillock, "As to your own person the title of king would be of no advantage, be- cause you have the full kingly power in you already con- cerning the militia, as you are general. As to the nomina- tion of civil officers, those whom you think fittest are sel- dom refused : and altho' you have no negative vote in the passing of laws, yet what you dislike will not easily be carried; and the taxes are already settled and in your power to dispose the money raised. And as to foreign affairs, tho' the ceremonial application be made to the Parliament, yet the expectation of good or bad success in it is from your Ex- cellency ; and particular solicitations of foreign ministers are made to you only. So that I apprehend indeed less envy and danger and pomp, but not less power and real op- portunities of doing good in your being general, than would be if you had assumed the title of king." Cromwell went on to argue, that whoever was actually king by election, the acts done by him were as lawful and justifiable as if done by a king who had the crown by inheritance ; and that by an act of Parliament in Henry VIFs time, it was safer for the people to act under a king (let his title be what it will) than under any other power. Whitlock agreed to the legality, but questioned the ex- pediency of it; and being asked what danger he apprehended, answered thus, "The danger I think would be this : one of the main points of controversy between us and our adversaries is whether the government of this nation shall be established in monarchy or in free state or a commonwealth ; and most of our friends have engaged with us upon the hopes of having the government settled in a free state; and to effect that, have undergone all their hazards and difficulties. They being persuaded (tho' I think much mistaken) that under the government of a commonwealth they shall enjoy more liberty and right, both as to their spiritual and civil con- cernments than they shall under monarchy, the pressures and dislikes whereof are so fresh in their memories and suffer- ings. Now if your Excellency shall take upon you the title of king, this state of your cause will be thereby wholly deter- mined, and monarchy established in your person, and the question will be no more, whether our government shall be by a monarch or by a free state, but whether Cromwell or Stuart shall be our king or monarch ? And that question wherein before so great parties of the nation were engaged, and ENGLAND A COMMONWEALTH 39' which was universal, will by this means become in effect a private controversy only. Before it was national, what kind of government we should have? Now it will become parti- cular, who shall be governour ? Whether of the family of he Stuarts or of the family of the Cromwells? Thus the state of our controversy being totally changed, all those who were for a commonwealth (and they are a very great and considerable party) having their hopes therein frustrate, will desert you ; your hands will be weakened, your interests straightened, and your cause in apparent danger to be ruined." Cromwell confessed he spoke reason, and desired to know if he could find any other expedient. Whitlock, after suggesting the danger he was in from his own officers and from the Parliament, who were plotting to bring him down, or to clip his wings, proceeded thus: "Pardon me, Sir, in the next place, a little to consider the condition of the King of Scots. This prince being now by your valour, and the suc- cess which God has given to the Parliament, and to the army under your command, reduced to a very low condition, both he and all about him cannot but be very inclinable to hearken to any terms, whereby their last hopes may be revived of his being restored to the crown, and they to their fortunes and native country. By a private treaty with him, you may secure yourself and your friends, and their fortunes : you may make yourself and prosterity as great and permanent, to all human probability, as ever any subject was, and provide for your friends. You may put such limits to monarchical power, as will secure our spiritual and civil liberties: and you may secure the cause in which we are all engaged. And this may be effectually done, by having the power of the militia continued in yourself, and whom you shall agree upon after you." Cromwell adjourned the discourse to some farther time, and went off with a countenance and carriage of displeasure. And Whitlock says, "That Cromwell's carriage toward him from that time was altered, and his advising with him not so frequent and intimate as before; and, that it was not long after, he found an occasion, by an honourable employment, to send him out of the way, that he might be no obstacle or impediment to his ambitious designs." For certainly Crom- well in his thoughts and intentions, was for bringing the crown upon his own head; and it was a great providence that his friends would not permit him to have his own way. However, to carry it as far as it would bear, he and his 392 SOURCE-BOOK OF ENGLISH HISTORY officers were always complaining of the grievance of the Long Parliament, and were zealous and loud in recommend- ing to the people the common pretences of right and justice, and public liberty, to put a period to their session; and if they would not shortly do it themselves, the army and the people must do it for them. (Compleat History of England, ed. W. Kennett, 2nd ed., Lond., 1719, III, 204.) 170. Richard Cromwell becomes Lord Protector Kennett At the death of Oliver Cromwell, his son Richard was called to office. The following selection gives the proclamation made at the installation, and also gives a very valuable account of the character of the new ruler. Whereas it has pleased the most wise God in his provi- dence to take out of this world the most serene and renowned Oliver, late Ld. Protector of this Commonwealth: And his highness having in his life-time, according to the Humble Petition and Advice declared and appointed the most noble and illustrious the Lord Richard, eldest son of his late High- ness, to succeed him in the government of these nations, we therefore of the Privy Council, together with the Lord- Mayor, aldermen and citizens of London, the officers of the army, and numbers of other principal gentlemen, do now hereby with one full voice and consent of tongue and heart, publish and declare the said noble and illustrious Lord Richard to be rightful Protector of this Commonwealth of England, Scotland and Ireland, and the dominions and ter- ritories thereto belonging: To whom we do acknowledge all fidelity and constant obedience, according to law, and the said Humble Petition and Advice, with all hearty and humble affections beseeching the Lord, by whom princes rule, to bless him with long life, and these nations with peace and happiness under his government. (signed) Richard Chiverton, Mayor. Henry Laurence, President. And 27 others. God save his Highness Richard Lord Protector. Then the Council proceeded to give the oath of govern- ment to the new Protector, who published a proclamation for all officers to continue in their places; and the master of the ceremonies was ordered to acquaint all foreign ministers ENGLAND A COMMONWEALTH 393 with the death of the late Protector, and the succession of his son Richard; which soon brought over many new ambas- sadors and envoys from the neighbour princes and States, all admitted with due ceremony to a solemn audience given by his Highness, to condole the death of his father, and to congratulate his succession to the government ; while infinite adresses came up from all parts of the three kingdoms, to compliment the new Protector with mighty professions of public joy and satisfaction, and with solemn resolutions and promises of adhering to him against all his enemies. And indeed the general exultation of the people and armies was so very great upon this new succession, that it must be im- puted more to the common sense of deliverance from one tyrant, than to their hopes or expectations from this other Protector; who was raised to the government without any respect or good opinion in the minds of the people or the soldiers. For he had been neither a military man nor a statesman ; rather an honest country gentleman, bred to privacy and sports, and willing to serve his neighbours, and even the cavaliers, by the little interest he had in his father's court. His own father seemed to have the least affection and lowest opinion of this son, among all his other children : He never trusted him in any command, nor employed him in any true business : He made him indeed Chancellor of Ox- ford, and put him at the top of the other House in Parliament : but this was rather for the honour of his family, than for the love of his son. He never let him into any secrets of policy nor any arts of war; and therefore it is plain, he never de- signed him for his successor, because he never trained him up to it. (Kennett, ei cit., Ill, p. 228.) CHAPTER XXIII THE RESTORATION 171. The Declaration of Breda (April 4, 1660) Parliamentary History In the Declaration of Breda Charles II. set forth the principles on which he promised to rule England. The difference between these promises and their fulfilment presents an interesting study on the theory and practice of kingcraft. Charles R. Charles, by the grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, etc. To all our loving subjects, of what degree or quality soever, greeting. If the general distraction and confusion which is spread over the whole kingdom doth not awaken all men to a desire and longing that those wounds which have so many years together been kept bleeding, may be bound up, all we can say will be to no purpose ; however, after this long silence, we have thought it our duty to declare how much we desire to contribute thereunto; and that as we can never give over the hope, in good time, to obtain the possession of that right which God and nature hath made our due, so we do make it our daily suit to the Divine Providence, that He will, in compassion to us and our subjects after so long misery and sufferings, remit and put us into a quiet and peaceable pos- session of that our right, with as little blood and damage to our people as is possible ; nor do we desire more to enjoy what is ours, than that all our subjects may enjoy what by law is theirs, by a full and entire administration of justice throughout the land, and by extending our mercy where it is wanted and deserved. And to the end that the fear of punishment may not engage any, conscious to themselves of what is past, to a perseverance in guilt for the future, by opposing the quiet 394 THE RESTORATION 395 and happiness of their country, in the restoration of King, Peers and people to their just, ancient and fundamental rights, we do, by these presents, declare, that we do grant a free and general pardon, which we are ready, upon demand, to pass under our Great Seal of England, to all our subjects, of what degree or quality soever, who, within forty days after the publishing hereof,shall lay hold upon this our grace and favour, and shall, by any public act, declare their doing so, and that they return to the loyalty and obedience of good subjects; excepting only such persons as shall hereafter be excepted by Parliament, those only to be excepted. Let all our subjects, how faulty soever, rely upon the word of a King, solemnly given by this present declaration, that no crime whatsoever, committed against us or our royal father before the publication of this, shall ever rise in judgment, or be brought in question, against any of them, to the least endamagement of them, either in their lives, liberties or estates, or (as far forth as lies in our power) so much as to the prejudice of their reputations, by any reproach or term of distinction from the rest of our best subjects ; we desiring and ordaining that henceforth all notes of discord, separation and difference of parties be utterly abolished among all our subjects, whom we invite and conjure to a perfect union among themselves, under our protection, for the re-settlement of our just rights and theirs in a free Parliament, by which, upon the word of a King, we will be advised. And because the passion and uncharitableness of the times have produced several opinions in religion, by which men are engaged in parties and animosities against each other (which, when they shall hereafter unite in a freedom of conversation, will be composed or better understood), we do declare a liberty to tender consciences, and that no man shall be disquieted or called in question for differences of opinion in matter of religion, which do not disturb the peace of the kingdom ; and that we shall be ready to consent to such an Act of Parliament, as, upon mature deliberation, shall be offered to us, for the full granting that indulgence. And because in the continued distractions of so many years, and so many and great revolutions, many grants and pur- chases of estates have been made to and by many officers, soldiers and others, who are now possessed of the same, and who may be liable to actions at law upon several titles, we are likewise willing that all such differences, and all things relating to such grants, sales and purchases, shall be deter- 396 SOURCE-BOOK OF ENGLISH HISTORY mined in Parliament, which can best provide for the just satisfaction of all men who are concerned. And we do further declare, that we will be ready to consent to any Act or Acts of Parliament to the purposes aforesaid, and for the full satisfaction of all arrears due to the officers and soldiers of the army under the command of General Monk; and that they shall be received into our service upon as good pay and conditions as they now enjoy. Given under our Sign Manual and Privy Signet, at our Court at Breda, this 4 / 14 day of April, 1660, in the twelfth year of our reign. (Parliamentary History, ed. cit., XXII, 238.) 172. Reception of the Declaration of Breda by Parliament Parliamentary Intelligencer Parliament's enthusiastic, if not servile, reception of the com- munication from Charles II. is in strong contrast to the actions of that body in the preceding decade. It may be questioned whether either body faithfully expressed the will of the majority of the people ; but it was evident that the Commonwealth had proved a failure and that there was in the popular mind a strong loyalty to the House of Stuart. A king was the only means of reconciling the warring factions and Parliament recognized at once its necessity and opportunity. RECEPTION OF THE DECLARATION OF BREDA BY THE LORDS (May i, 1660) Whitehall, Tuesday. The House of Lords being informed that Sir John Grenville attended at the door with a letter from his Majesty, the earl of Manchester, speaker to the House of Lords, went down near the clock to receive it of him. The letter with a declaration enclosed was read in the House, and thanks ordered to be given to Sir John Grenville for bringing the gracious letter. The House resolved that they do own and declare that according to the ancient and fundamental laws of this king- dom, the government is and ought to be by king, lords, and commons. That the lords having a deep sense of the miser- ies and distractions that the kingdom hath been involved in since the violent attempts to dissolve the established govern- ment, do desire that some way may be considered how to make up these breaches; and to obtain the king's return again to his people. (Parliamentary Intelligencer, no. 19, pp. 291, 292 ) THE RESTORATION 397 BY THE COMMONS Resolved nemine contradicente. That a committee be appointed to prepare an answer to his Majesty's letter, ex- pressing the great and joyful sense of House of his gracious offers and their humble and hearty thanks to his Majesty for the same, and with professions of their loyalty and duty to his Majesty, and that this House will give a speedy answer to his Majesty's gracious proposals. A committee was appointed accordingly. Resolved nemine contradicente. That the sum of 50,000 be presented to his Majesty by the House. Tuesday afternoon. Resolved that this House doth agree with the lords and do own and declare, that according to the ancient and fundamental laws of this kingdom, the govern- ment is and ought to be by king, lords, and commons. {Parliamentary Intelligencer, no. 19, p. 293.) 173. The Commons thank Sir John Grenville for Bringing the Declaration (May 3, 1660) Mercurius Publicus The words of the Speaker of the House of Commons merely voiced the thought of the nation. Beneath the exuberance of language lies the true spirit of loyalty. Throughout the period of the Commonwealth, the majority of Englishmen had clung to the hope that the king would yet come to his own. THE COMMONS THANK SIR JOHN GRENVILLE FOR BRINGING THE DECLARATION Thursday. The House being informed that Sir John Grenville was at the door, he was called in to receive the thanks of the House, which' Mr. Speaker delivered, as fol- loweth : Sir John Grenville, I need not tell you with what grate- ful and thankful hearts the Commons now assembled in Par- liament have received his Majesty's gracious letter, res ipsa loquitur: you yourself have been auricularis et ocularis testis de rei veritate. Our bells and our bonfires have already be- gun the proclamation of his Majesty's goodness and of our joys. We have told the people that our king, the glory of England, is corning home again, and they have resounded it back again in our ears that they are ready and their hearts are open -to feceive him ; both Parliament and people have 398 SOURCE-BOOK OF ENGLISH HISTORY cried aloud in their prayers to the King of Kings, Long live king Charles the second ! (Mercurius Publicus, no. 19, p. 292.) 174. Resolutions of Parliament urging the King to Return (May 8 and 9, 1660) Tuesday. At the House of Commons. Resolved, That the king's Majesty be desired to make a speedy return to his Parliament, and to the exercise of his kingly office. Wednesday. Ordered by the Lords and Commons that general Montague do receive the commands of the king's Majesty for the disposal of the fleet in order to his Majesty's return. The Lords agreed to the vote for his Majesty's return to the Parliament and kingly office (Mercurius Publicus, No. 19, p. 304.) 175. The Beginning of Cabinet Government (1672) Historian's Guide, Crook The beginnings of Cabinet Government in England are to be found in the history of the secret council, popularly called the Cabal, from the initials of the surnames of its members. The selections next following will serve to awaken interest in the development of the Cabinet. SHAFTESBURY, AS HEAD OF CABAL, TAKES GREAT SEAL Nov. 4, 1672. Sir Orlando Bridgeman, late Lord Keeper, having re- signed by reason of his great age and a continual indis- position of body, the Great Seal went into the hands of his Majesty. Nov. 17. His Majesty was pleased to deliver the keeping of it to the Right Honourable Anthony Ashley Cooper, earl of Shaftes- bury, with the title of Lord Chancellor of England. (Crook, W., Historian's Guide, Lend. 1679.) 176. Opinion of French Court concerning Members of Cabal Secret History of Whitehall The ministers of this Court are not only the most in- quisitive persons in the world into the affairs of other Courts, but even in the persons who manage them; whose natures, dispositions, religion, natural and acquired abilities, as well as respective infirmities, they endeavour to sift out THE RESTORATION 399 to the quick so that they may use them or shun them as they find occasion: and for this reason it is that they make some remarks upon them in their minutes, as well as upon the affairs transacted by them. And therefore since the five persons who made up the Cabal in England . . . , and who your lordship may remember were the dukes of Buckingham and Lauderdale, the earls of Shaftesbury and Arlington, and the Lord Treasurer Clifford, were very distinguishable for the stations they filled, the offices they held and the parts each of them acted in the government ; I find this character given of them : for the duke of Buckingham, as he was the king's favourite, so he really deserved to be so, as being very capable to be a minister of state if his application to business had been answerable to his talents; if his mind, which was furnished with excellent endowments, had not been distracted by libertinism, which was in him to an ex- treme degree ; and by a love to his pleasures, which made one of those persons in the world that was fittest for great and solid things vain and frivolous. Of the duke of Lauderdale there is little or nothing said but that he is a great and quaint politician, and no question but he has merited that character at their hand. Of my lord Clifford they are as profuse in their praises, as I doubt they have been too of their money ; saying he was a person who wanted nothing but a theatre where virtue and reason had been much more in use than it was in his country in the age wherein he lived, for to be superior to and overtop the rest. My lord of Arlington they make to be a person of meaner capacity, and a more limited genius than any of the five, but say his experiences supply the defect, and have acquired him especially a very great knowledge of foreign affairs. Last of all, they bring in Anthony Ashley-Cooper, the renowned earl of Shaftesbury; of whom they say he was by far the fittest person of any of them to manage a great enterprise, and so was as the soul to all the rest, being endued with a vast capacity, clear judg- ment, bold nature, and subtle wit, equally firm and constant in all he undertook; a constant friend but an implacable enemy; with many other expressions, such as his not being terrified either with the greatness or the multitude of crimes he judges necessary for his own preservation, or the destruc- tion of others much to his lordship's dishonour, which is a clear argument he was not for their interest, and for which he is much beholden to them. (Letter in the Secret Hist, of Whitehall, Loud., 1717, vol I., pp. 78, 79.) 400 SOURCE-BOOK OF ENGLISH HISTORY 177. The Habeas Corpus Act (31 CAR. II, c. ii, 1679) Statutes of the Realm In the 39th and 4Oth clauses of the Magna Charta "are clearly contained the Habeas Corpus and the Trial by Jury, the most effectual securities against oppression which the wisdom of man has hitherto been able to devise." For centuries before, as for centuries after, the Great Charter, the abuses of judicial processes by the Crown led to complaint and discontent, which finally cul- minated in open rebellion. Again and again the kings broke their promises to abide by the law and to measure out that even-handed justice which the great documents of English history sought to secure for the people. At last, in 1679, the great Habeas Corpus Act was passed. It had radical defects, but these were remedied by the Bill of Rights (No. 190) and by an Act for More Effec- tually Securing the Liberty of the Subject (1812). The Habeas Corpus Act remains the basis of all legislation on its subject throughout English-speaking states. An Act for the better securing the Liberty of the Subject, and for Prevention of Imprisonments beyond the Seas. Whereas great delays have been used by sheriffs, gaolers, and other officers, to whose custody any of the king's sub- jects have been committed for criminal or supposed criminal matters, in making returns of writs of Habeas Corpus to them directed, by standing out an Alias and Pluries Habeas Corpus, and sometimes more, and by other shifts to avoid their yielding obedience to such writs, contrary to their duty and the known laws of the land, whereby many of the king's subjects have been and hereafter may be long detained in prison, in such cases where by law they are bailable, to their great charges and vexation : II. For the prevention whereof, and the more speedy relief of all persons imprisoned for any such criminal or supposed criminal matters ; be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Par- liament assembled, and by the authority thereof, that when- soever any person or persons shall bring any Habeas Corpus directed unto any sheriff or sheriffs, gaoler, minister, or other person whatsoever, for any person in his or their cus- tody, and the said writ shall be served upon the said officer, or left at the gaol or prison with any of the under-officers, under-keepers or deputy of the said officers or keepers, that the said officer or officers, his or their under-officers, under- keepers or deputies, shall within three days after the service THE RESTORATION 401 thereof as aforesaid (unless the commitment aforesaid were for treason or felony, plainly and specially expressed in the warrant of commitment) upon payment or tender of the charges of bringing the said prisoner, to be ascertained by the judge or court that awarded the same, and endorsed upon the said writ, not exceeding twelve pence per mile, and upon security given by his own bond to pay the charges of carrying back the prisoner, if he shall be remanded by the court or judge to which he shall be brought according to the true intent of this present act, and that he will not make any escape by the way, make return of such writ ; and bring or cause to be brought the body of the party so committed or restrained, unto or before the Lord Chancellor, or Lord Keeper of the great seal of England for the time being, or the judges or barons of the said court from whence the said writ shall issue, or unto and before such other person or persons before whom the said writ is made returnable, ac- cording to the command therof ; and shall then likewise cer- tify the true causes of his detainer or imprisonment, unless the commitment of the said party be in any place beyond the distance of twenty miles from the place or places where such court or person is or shall be residing; and if beyond the distance of twenty miles, and not above one hundred miles, then within the space of ten days, and if beyond the distance of one hundred miles, then within the space of twenty days, after the delivery aforesaid, and not longer. III. And to the intent that no sheriff, gaoler or other of- ficer may pretend ignorance of the import of any such writ ; be it enacted by the authority aforesaid, that all such writs shall be marked in this manner, per statutum tricesimo primo Caroli secundi regis, and shall be signed by the person that awards the same ; and if any person or persons shall be or stand committed or detained as aforesaid, for any crime, un- less for treason or felony plainly expressed in the warrant of commitment, in the vacation-time, and out of term, it shall and may be lawful to and for the person or persons so com- mitted or detained (other than persons convict or in execu- tion) by legal process or any one on his or their behalf, to appeal or complain to the Lord Chancellor or Lord Keeper, or any one of his Majesty's justices, either of the one bench or of the other, or the barons of the exchequer of the degree of the coif; and the said Lord Chancellor, Lord Keeper, jus- tices or barons or any of them, upon view of the copy or copies of the warrant or warrants of commitment and de- 402 SOURCE-BOOK OF ENGLISH HISTORY tainer, or otherwise upon oath made that such copy or copies were denied to be given by such person or persons in whose custody the prisoner or prisoners is or are detained, are here- by authorized, and required, upon request made in writing by such person or persons or any on his, her or their behalf, attested and subscribed by two witnesses who were present at the delivery of the same, to award and grant an Habeas Cor- pus under the seal of such court whereof he shall then be one of the judges, to be directed to the officer or officers in whose custody the party so committed or detained shall be, return- able immediate before the said Lord Chancellor or Lord Keeper, or such justice, baron or any other justice or baron of the degree of the coif of any of the said courts; and upon service thereof as aforesaid, the officer or officers, his or their under-officer or under-officers, under-keeper or under- keepers, or their deputy, in whose custody the party is so committed or detained, shall within the times respectively before limited, bring such prisoner or prisoners before the said Lord Chancellor or Lord Keeper, or such justices, barons or one of them, before whom the said writ is made returnable, and in case of his absence before any of them, with the return of such writ, and the true causes of the commitment and detainer ; and thereupon within two days after the party shall be brought before them, the said Lord Chancellor or Lord Keeper, or such justice or baron before whom the prisoner shall be brought as aforesaid, shall discharge the said prisoner from his imprisonment, taking his or their recognizance, with one or more surety or sureties, in any sum according to their discretions, having regard to the quality of the prisoner and nature of the offence, for his or their appearance in the court of king's bench the term following, or at the next assizes, sessions, or general gaol-delivery of and for such county, city, or place where the commitment was, or where the offence was committed, or in such other court where the said offence is properly cognizable, as the case shall require, and then shall certify the said writ with the return thereof, and the said recognizance or recognizances into the said court where such appearance is to be made ; unless it shall appear unto the said Lord Chancellor or Lord Keeper, or justice or justices, or baron or barons, that the party so committed is detained upon a legal process, order or warrant, out of some court that hath jurisdiction of criminal matters, or by some warrant signed and sealed with the hand and seal of any of the said justices or barons, or some justice or justices of the THE RESTORATION 43 peace, for such matters or offences for the which by the law the prisoner is not bailable. IV. Provided always, and be it enacted, that if any person shall have wilfully neglected by the space of two whole terms after his imprisonment, to pray a Habeas Corpus for his en- largement, such person so wilfully neglecting shall not have any Habeas Corpus to be granted in vacation-time, in pur- suance of this act. V. And be it further enacted by the authority aforesaid, that if any of ficer or officers, his or their under-officer or under- officers, under-keeper or under-keepers,or deputy, shall neglect or refuse to make the returns aforesaid, or to bring the body or bodies of the prisoner or prisoners according to the com- mand of the said writ, within the respective times aforesaid, or upon demand made by the prisoner or person in his behalf, shall refuse to deliver, or within the space of six hours after demand shall not deliver, to the person so demanding, a true copy of the warrant or warrants of commitment and detainer of such prisoner, which he and they are hereby required to deliver accordingly; all and every the head gaolers and keepers of such prisons, and such other person in whose custody the prisoner shall be detained, shall for the first offence forfeit to the prisoner or party grieved the sum of one hundred pounds ; and for the second offence the sum of two hundred pounds, and shall and is hereby made incapable to hold or execute his said office; the said penalties to be recovered by the prisoner or party grieved, his executors or administrators, against such offender, his executors or ad- ministrators, by any action of debt, suit, bill, plaint, or in- formation, in any of the king's courts at Westminster, where- in no essoin, protection, privilege, injunction, wager of law, or stay of prosecution by non vult ulterius prosequi, or other- wise, shall be admitted or allowed, or any more than one im- parlance ; and any recovery or judgment at the suit of any party grieved, shall be a sufficient conviction for the first offence; and any after recovery or judgment at the suit of a party grieved for any offence after the first judgment, shall be a sufficient conviction to bring the officers or person within the said penalty for the second offence. VI. And for the prevention of unjust vexation by reiter- ated commitments for the same offence; be it enacted by the authority aforesaid, that no person or persons which shall be delivered or set at large upon any Habeas Corpus, shall at any time hereafter be again imprisoned or committed for 404 SOURCE-BOOK OF ENGLISH HISTORY the same offence by any person or persons whatsoever, other than by the legal order and process of such court wherein he or they shall be bound by recognizance to appear, or other court having jurisdiction of the cause; and if any other per- son or persons shall knowingly contrary to this act recommit or imprison, or knowingly procure or cause to be recommitted or imprisoned, for the same offence or pretended offence, any person or persons delivered or set at large as aforesaid, or be knowingly aiding or assisting therein, then he or they shall forfeit to the prisoner or party grieved the sum of five hundred pounds ; any colourable pretence or variation in the warrant or warrants of commitment notwithstanding, to be recovered as aforesaid. VII. Provided always, and be it further enacted, that if any person or persons shall be committed for high treason or felony, plainly and specially expressed in the warrant of com- mitment, upon his prayer or petition in open court the first week of the term, or first day of the sessions of Oyer and Terminer or general gaol-delivery, to be brought to his trial, shall not be indicted some time in the next term, sessions of Oyer and Terminer or general gaol-delivery, after such com- mitment ; it shall and may be lawful to and for the judges of the court of king's bench and justices of Oyer and Terminer or general gaol-delivery, and they are hereby required, upon motion to them made in open court the last day of the term, sessions or gaol-delivery, either by the prisoner or any one in his behalf, to set at liberty the prisoner upon bail, unless it appears to the judges and justices upon oath made, that the witnesses for the king could not be produced the same term, sessions or general gaol-delivery ; and if any person or persons committed as aforesaid, upon his prayer or petition in open court the first week of the term or first day of the sessions of Oyer and Terminer or general gaol-delivery, to be brought to his trial, shall not be indicted and tried the second term, sessions of Oyer and Terminer or general gaol- delivery, after his commitment, or upon his trial shall be acquitted, he shall be discharged from his imprisonment. VIII. Provided always, that nothing in this act shall ex- tend to discharge out of prison any person charged in debt, or other action, or with process in any civil cause, but that after he shall be discharged of his imprisonment for such his criminal offence, he shall be kept in custody according to the law, for such other suit. IX. Provided always, and be it enacted by the authority THE RESTORATION 405 aforesaid, that if any person or persons, subject of this realm, shall be committed to any prison or in custody of any officer or officers whatsoever, for any criminal or supposed crim- inal matter, that the said person shall not be removed from the said prison and custody into the custody of any other officer or officers ; unless it be by Habeas Corpus or some other legal writ ; or where the prisoner is delivered to the constable or other inferior officer to carry such prisoner to some common goal : or where any person is sent by order of any judge of assize or justice of the peace to any common workhouse or house of correction ; or where the prisoner is removed from one prison or place to another within the same county, in order to his or her trial or discharge in due course of law; or in case of sudden fire or infection, or other necessity; and if any person or persons shall after such com- mitment aforesaid make out and sign, or countersign any warrant or warrants for such removal aforesaid, contrary to this act ; as well he that makes or signs, or countersigns such warrant or warrants as the officer or officers that obey or execute the same, shall suffer and incur the pains and for- feitures in this act before mentioned, both for the first and second offence respectively, to be recovered in manner afore- said by the party grieved. X. Provided also, and be it further enacted by the author- ity aforesaid, that it shall and may be lawful to and for any prisoner and prisoners as aforesaid, to move and obtain his or their Habeas Corpus as well out of the high court of chan- cery or court of exchequer, as out of the courts of king's bench or common pleas, or either of them; and if the said Lord Chancellor or Lord Keeper, or any judge or judges, baron or barons for the time being, of the degree of the coif, of any of the courts aforesaid, in the vacation-time, upon view of the copy or copies of the warrant or warrants of commitment or detainer, or upon oath made that such copy or copies were denied as aforesaid, shall deny any writ of Habeas Corpus by this act required to be granted, being moved for as aforesaid, they shall severally forfeit to the prisoner or party grieved the sum of five hundred pounds, to be recovered in manner aforesaid. XI. And be it enacted and declared by the authority afore- said, that an Habeas Corpus according to the true intent and meaning of this act, may be directed and run into any county palatine, the cinque-ports, or other privileged places within the kingdom of England, dominion of Wales, or town of 406 SOURCE-BOOK OF ENGLISH HISTORY Berwick upon Tweed, and the islands of Jersey or Guernsey ; any law or usage to the contrary notwithstanding. XII. And for preventing illegal imprisonments in prisons beyond the seas ; be it further enacted by the authority afore- said, that no subject of this realm that now is, or hereafter shall be an inhabitant or resiant of this kingdom of England, dominion of Wales, or town of Berwick upon Tweed, shall or may be sent prisoner into Scotland, Ireland, Jersey, Guern- sey, Tangier, or into parts, garrisons, islands or places be- yond the seas, which are or at any time hereafter shall be within or without the dominions of his Majesty, his heirs or successors ; and that every such imprisonment is hereby en- acted and adjudged to be illegal; and that if any of the said subjects now is or hereafter shall be so imprisoned, every such person and persons so imprisoned, shall and may for every such imprisonment maintain by virtue of this act an action or actions of false imprisonment, in any of his Majesty's courts of record, against the person or persons by whom he or she shall be so committed, detained, imprisoned, sent prisoner or transported, contrary to the true meaning of this act, and against all or any person or persons that shall frame, contrive, write, seal or countersign any warrant or writing for such commitment, detainer, imprisonment, or transportation, or shall be advising, aiding or assisting in the same, or any of them; and the plaintiff in every such action shall have judgment to recover his treble costs, besides damages, which damages so to be given, shall not be less than five hundred pounds ; in which action no delay, stay or stop of proceeding by rule, order or command, nor no injunction, protection or privilege whatsoever, nor any more than one imparlance shall be allowed, excepting such rule of the court wherein the action shall depend, made in open court, as shall be thought in justice necessary, for special cause to be ex- pressed in the said rule ; and the person or persons who shall knowingly frame, contrive, write, seal or countersign any warrant for such commitment, detainer, or transportation, or shall so commit, detain, imprison or transport any person or persons contrary to this act, or be any ways advising, aiding or assisting therein, being lawfully convicted thereof, shall be disabled from thenceforth to bear any office of trust or profit within the said realm of England, dominion of Wales, or town of Berwick upon Tweed, or any of the islands, terri- tories or dominions thereunto belonging; and shall incur and sustain the pains, penalties, and forfeitures limited, ordained THE RESTORATION 407 and provided in and by the statute of Provision and Prcc- munire made in the sixteenth year of King Richard the Second; and be incapable of any pardon from the king, his heirs or successors, of the said forfeitures, losses, or disabili- ties, or any of them. XIII. Provided always, that nothing in this act shall ex- tend to give benefit to any person who shall by contract in writing agree with any merchant or owner of any plantation, or other person whatsoever, to be transported to any parts beyond the seas, and receive earnest upon such agreement, although that afterwards such persons shall renounce such contract. XIV. Provided always, and be it enacted, that if any per- son or persons lawfully convicted of any felony, shall in open court pray to be transported beyond the seas, and the court shall think fit to leave him or them in prison for that pur- pose, such person or persons may be transported into any parts beyond the seas ; this act, or anything therein contained to the contrary notwithstanding. XV. Provided also, and be it enacted, that nothing herein contained shall be deemed, construed or taken, to extend to the imprisonment of any person before the first day of June one thousand six hundred seventy and nine, or to anything advised, procured, or otherwise done, relating to such im- prisonment; anything herein contained to the contrary not- withstanding. XVI. Provided also, that if any person or persons at any time resiant in this realm, shall have committed any capital offence in Scotland or Ireland, or any of the islands, or for- eign plantations of the king, his heirs or successors, where he or she ought to be tried for such offence, such person or persons may be sent to such place, there to receive such trial, in such manner as the same might have been used before the making of this act ; anything herein contained to the contrary notwithstanding. XVII. Provided also, and be it enacted, that no person or persons shall be sued, impleaded, molested or troubled for any offence against this act, unless the party offending be sued or impleaded for the same within two years at the most after such time wherein the offence shall be committed, in case the party grieved shall not be then in prison ; and if he shall be in prison, then within the space of two years after the decease of the person imprisoned, or his or her delivery out of prison, which shall first happen, . 408 SOURCE-BOOK OP ENGLISH HISTORY XVIII. And to the intent no person may avoid his trial at the assizes or general gaol-delivery, by procuring his removal before the assizes, at such time as he cannot be brought back to receive his trial there; be it enacted, that after the assizes proclaimed for that county where the prisoner is detained, no person shall be removed from the common gaol upon any Habeas Corpus granted in pursuance of this act, but upon any such Habeas Corpus shall be brought before the judge of assize in open court, who is thereupon to do what to justice shall appertain. XIX. Provided nevertheless, that after the assizes are ended, any person or persons detained, may have his or her Habeas Corpus according to the direction and intention of this act. XX. And be it also enacted by the authority aforesaid, that if any information, suit or action shall be brought or exhib- ited against any person or persons for any offence committed or to be committed against the form of this law, it shall be lawful for such defendants to plead the general issue, that they are not guilty, or that they owe nothing, and to give such special matter in evidence to the jury that shall try the same, which matter being pleaded had been good and suffi- cient matter in law to have discharged the said defendant or defendants against the said information, suit or action, and the said matter shall be then as available to him or them, to all intents or purposes, as if he or they had sufficiently pleaded, set forth or alleged the same matter in bar or dis- charge of such information, suit or action. XXI. And because many times persons charged with petty treason or felony, or as accessaries thereunto, are committed upon suspicion only, whereupon they are bailable, or not, ac- cording as the circumstances making out that suspicion are more or less weighty, which are best known to the justices of peace that committed the persons, and have the examinations before them, or to other justices of peace in the county: be it therefore enacted, that where any person shall appear to be committed by any judge or justice of the peace, and charged as accessory before the fact, to any petty treason, or felony, or upon suspicion thereof, or with suspicion of petty treason or felony, which petty treason or felony shall be plainly and specially expressed in the warrant of commitment, that such person shall not be removed or bailed by virtue of this act, or in any other manner than they might have been before the making of this act. (Ed. from Statutes of the Realm, V, 935, 938.) THE RESTORATION 409 178. James II. and the Catholics Foley James II. was a fervid Catholic, and most anxious to further the promulgation of that faith with the realm. Indeed, his ex- treme enthusiasm in the cause of his Church cost him dearly. The following letter, though bearing evidence of a natural op- timism and perhaps self-persuasion, yet presents a vivid picture of the status of the Catholic religion in England at the time when the close of the Stuart dynasty was drawing near. If the words of the king were not exactly as quoted by the chronicler, there is no reason to doubt that their spirit did not vary from the account given. LETTER FROM A JESUIT OF LIEGE TO A BROTHER OF HIS AT FRIBURG February 1686-7. It is wonderful to see King James' great affection to our Society. He wished prosperity to this whole College, by the Reverend Father the Provincial, and earnestly recommended himself to our prayers. Upon Father John Keynes return into England, he gave him a most gracious reception (while earls and dukes were commanded for some hours to wait for admittance), with whom, in the Queen's presence, he dis- coursed with all familiarity. He asked him how many can- didates for Order he had, and how many students ? And upon the Provincial's answer to his Majesty, who was very urgent with him: That of the former, and of the latter he had above fifty. He replied: There would be occasion for double or treble that number, to effect what he designed for that Society's performance, and ordered that they should be all exercised in the art of preaching. "For now," said he, "England has need of such." I do not doubt but you have heard that the king, writing to Father de la Chaise, the French King's confessor, concerning the affairs of the house among the Walloons, declared that whatever was done to the English Fathers of that house he would look upon as done to himself. Father Clare, Rector of the same house, being arrived at London to treat of that matter, got an easy access to the King, and as easily gained his point. The King himself forbid him to kneel and kiss his hand, according to custom, saying: "Reverend Father, you have indeed once kissed my hand; but, if I had known then, as I do now, that you were a priest, I would rather my- self, Father, have kneeled down and kissed your hand." After he had finished his business, in a familiar conversation, his Majesty told this Father: That be would eitbej- convert'Eng- 410 SOURCE-BOOK OF ENGLISH HISTORY land, or die a martyr; and he had rather die the next day and convert it, than reign twenty years piously and happily and not effect it. Finally, he called himself a "son of the So- ciety, of whose good success," he said, "he was glad as of his own." And it can scarcely be expressed how much grati- tude he showed when it was told him : That he was made partaker, by our very Reverend Provincial, of all the merits of the Society out of which he is to nominate one for his confessor; but hitherto it is not known who it will be. Some report that it will be the Reverend Father Provincial, but still there is no certainty of that. Many are of opinion that Father Edward R. Petre, who is chiefly in favour with the King, will obtain an archbishopric, but more believe it will be a Cardinal's cap. To him has been granted, within this month or two, all that part of the Palace in which the King used to reside, when he was Duke of York, where there is not a day but you may see I know not how many courtiers waiting to speak to his "Eminence," for so they say he is called. For the King advises with him, and with many Catholic lords, who have the chief places in the kingdom, to find a method to propagate the faith without violence. Not long since, some of these lords objected to the King: That they thought he made too much haste to establish the faith. To whom he answered: "I am growing old, and must take large steps, else, if I should happen to die, I might perhaps leave you in a worse condition than I found you." When they asked him : Why then was he so little concerned about the conversion of his daughters, who were the heirs of the kingdom ? he answered : God will take care of that ; leave the conversion of my daughters to me. Do you, by your example, convert your tenants and others to the faith." He has Catholic Lord Lieutenants in most counties ; and we shall shortly have Catholic Justices of the Peace in almost all places. We hope also that our affairs will have good success at Oxford. In the public chapel of our Vice- Chancellor, who is a Catholic, there is always one of our divines, who has converted some of the students to the faith. The Bishop of Oxford himself seems to be a great favourer of the Catholic faith, he proposed to the Council: "Whether it did not seem to be expedient that at least one College should be granted to the Catholics at Oxford, that they might not be forced to study beyond sea, at such great expenses." But it is not yet. known what answer he had. The same Bishop, having invited two. of .our .brethren together with THE REST OR A TION 4 1 1 some of his nobility, drank the King's health to a certain "heretic lord who was in company": Wishing his Majesty good success in all his undertakings: adding also, That the religion of the Protestants in England did not seem to him in a better condition than Buda was before it was taken; and that they were next to atheists that defended that faith. Many embrace the true religion, and four of the most con- siderable earls have lately made public profession of it. Father Alexander Keynes, the Provincial's nephew, to whom is committed the care of the chapel belonging to the Elector of Palatine's Envoy, is continually taken up in solving and answering the questions of heretics who doubt of their faith, of whom you may see two or three together walking by the chapel door, continually disputing about some point of religion. As to Prince George, it is yet uncertain what religion he professes. We gradually begin to get footing in England. We teach human learning [humanities] at Lincoln, Norwich, and York ; and at Worcester we have a public chapel protected by a guard of the King's soldiers ; and we are to buy some houses in the town of Wigan, Lan- cashire. The Catholic interest grows very strong, and at some churches granted to the Catholics upon holidays there are often counted fifteen hundred present at the sermon. At London, also, our business is carried on with the same good success. Sermons are preached upon every holiday, and there are so many that frequent the chapels, that they are not big enough to hold them. Two of our Society, Dormer and Bertue, preach continually before the King and Queen ; Father Edward Neville, before the Queen Dowager; Father Alexander Keynes in the chapel aforesaid ; others in other chapels. There are many houses bought in the Savoy near Somerset House, which is the Queen Dowager's Palace, towards the erecting of the first College in London for about eighteen thousand florins ; and they are hard at work to bring them to the form of a College, that a school may be opened before Easter. A Catholic Lord Lieutenant is shortly to go over to Ire- land, because the King cannot be satisfied with any other to establish the Catholic interest in that kingdom. The Parlia- ment will certainly sit in this month of February, of whom his Majesty is resolved to ask three things : First, that by a general Act all the Catholic peers shall be admitted to sit in the Upper House; secondly, that the Test may be abol- ished ; and thirdly, which is the chief point, that all penal 4i2 SOURCE-BOOK OF ENGLISH HISTORY laws against Catholics should be abrogated. And that he may the better obtain these things he designs to let them all know : That he is resolved to turn out all those who will not heartily act for the obtaining of them ; and likewise dis- solve the Parliament. At which resolution some heretics being terrified, came to a certain earl to advise with him what might be done ; to whom he answered : "The King's mind is sufficiently known; what he has once said, he will certainly perform. If you love yourselves, submit to the King's pleasure." There is to be a great preparation of war at London, and a fleet of above one hundred men of war is to be fitted out against the spring, but against whom it is uncertain. The Dutch are under great apprehensions, but for what reason, although they are said to make an arma- ment, time will discover. {Records of the English Province of the Society of Jesus, ed. H. Foley, Lond., 1879. V, 157.) 179. The Last Appeal Kennett In the year 1688 the affairs of the kingdom had come to such a pass that James II., becoming alarmed for his throne because of threatened invasion, resolved to radically reform his adminis- tration. On Wednesday, October 3, the Archbishop of Canter- bury and various members of the higher clergy, upon the king's invitation, presented to the monarch the following address : 1. Our first humble advice is, that Your Majesty will be graciously pleased to put the management of your govern- ment in the several counties, into the hands of such of the nobility and gentry there, as are legally qualified for it. 2. That Your Majesty will be graciously pleased to annul your Commission for Ecclesiastical Affairs, and that no such court (as that Commission sets up) may be erected for the future. 3. That Your Majesty will graciously be pleased, that no dispensation may be granted or continued, by virtue whereof any person, not duly qualified by law, hath been, or may be put into any place, office or preferment, in church or state, or in the universities, or continued in the same; especially such as have cure of souls annexed to them ; And in particu- lar, that you will be graciously pleased to restore the presi- dent and fellows of St. Mary Magdalen College in Oxford. 4. That Your Majesty will graciously be pleased to set aside all licenses or faculties already granted, by which any persons of the Romish communion may pretend to be enabled THE RESTORATION 413 to teach public schools; and that no such be granted for the future. 5. That Your Majesty will be graciously pleased to desist from the exercise of such a dispensing power, as hath of late been used; and to permit that point to be freely and calmly debated and argued, and finally settled in Parliament. 6. That Your Majesty will be graciously pleased to inhibit the four foreign bishops, who style themselves Vicars Apos- tolical, from further invading the ecclesiastical jurisdiction, which is by law vested in the bishops of this church. 7. That Your Majesty will be pleased graciously to fill the vacant bishoprics, and other ecclesiastical promotions with- in your gift, both in England and Ireland, with men of learn- ing and piety; and in particular, (which I must own to be my peculiar boldness, for 'tis done without the privity of my brethren) that you will be graciously pleased forthwith to fill the Archiepiscopal Chair of York (which has so long stood empty, and upon which a whole province depends) with some very worthy person: for which (pardon me, Sir, if I am bold to say) you have now here before you a very fair choice. 8. That Your Majesty will be graciously pleased to super- sede all further prosecution of Quo Warranto's against cor- porations, and to restore to them their ancient charters, privileges, and franchises, as we hear God has put into Your Majesty's heart to do for the City of London, which we in- tended to have made otherwise one of our principal requests. 9. That if it please Your Majesty, writs may be issued out with convenient speed, for the calling of a free and regular Parliament, in which the church of England may be secured according to the Acts of Uniformity; provision may be made for a due liberty of conscience, and for securing the liber- ties and properties of all your subjects; and a mutual con- fidence and good understanding may be established between Your Majesty and all your people. 10. Above all, That Your Majesty will be graciously pleased to permit your bishops to offer you such motives and arguments, as (we trust) may, by God's grace, be effectual to persuade Your Majesty to return to the communion of the Church of England, into whose most Holy Catholic faith you were baptized, and in which you were educated, and to which it is our daily earnest prayer to God, that you may be re- united. (Kennett, ed. cit., vol. Ill, p. 521.) PART VII ENGLAND A CONSTITUTIONAL MONARCHY 415 CHAPTER XXIV "THE GLORIOUS REVOLUTION" 1 80. A Memorial from the Church of England to the Prince of Orange (1688) The encroachments of James upon the religious liberties of the people at last made the situation one impossible of con- tinuance. There seemed to be no remedy but the second deposi- tion of a Stuart. In this crisis, the people turned their gaze to the Prince of Orange, the one Protestant who had any claim of succession, though this claim was only by marriage. The clergy were especially solicitous that he should come to the aid of the Protestant faith, and to this end sent him the following earnest appeal for countenance and protection. Your Royal Highness cannot be ignorant that the Protest- ants of England, who continue true to their religion and government established by law, have been many ways troubled and vexed by restless contrivances and designs of Papists, under pretence of the royal authority, and things required of them unaccountable before God and man : Eccle- siastical benefits and preferments taken from them, without any other reason but the King's pleasure : That they have been summoned and sentenced by ecclesiastical commis- sioners, contrary to law, deprived of their birth-right in the free choice of their magistrates and representatives ; divers corporations dissolved, the legal security of our religion and liberty, established and ratified by King and Parliament, annulled and overthrown by a pretended dispensing power : New and unheard-of maxims have been preached, as if sub- jects had no right but what depends on the King's will and pleasure ; The militia put into the hands of persons not quali- fied by law, and a popish mercenary army maintained in the kingdom in time of peace, absolutely contrary to the law ; the execution of the law against several high crimes and mis- demeanors superseded and prohibited : The statutes against correspondence with the court of Rome, papal jurisdiction, 418 SOURCE-BOOK OF ENGLISH HISTORY and popish priests, suspended: That in courts of justice, those judges are displaced, who dare acquit them whom the King would have condemned; as happened to the judges Powel and Holloway, for acquitting the seven bishops: Liberty of chusing members of Parliament (notwithstanding all the care taken, and provision made by law on that behalf) wholly taken away, by Quo Warrantos served against cor- porations and the three known questions: All things carried on in open view for the propagation and growth of Popery, for which the courts of England and France have so long jointly laboured, with so much application and earnestness: Endeavours to persuade your Royal Highnesses to liberty of conscience, and abrogating the penal laws and tests; wherein they fell short of their aim. That they most humbly implore the protection of your Royal Highnesses, as to the suspending and encroachments made upon law, for maintenance of the Protestant religion, our civil and fundamental rights and privileges : And that your Royal Highnesses would be pleased to insist, that the free Parliament of England, according to law, may be re- stored; the laws against Papists, priests, papal jurisdiction, etc. put in execution, and the suspending and dispensing power declared null and void; the rights and privileges of the City of London, the free choice of their magistrates, and the liberties as well of that as of other corporations restored, and all things returned to their ancient channel, etc. (Kennett, ed. cit., Ill, 517.) 181. The Prince of Orange Reorganizes the Government (Dec. 23, 1688) After the flight of James, England was without a legal gov- ernment. The Prince of Orange, after due invitation, proceeded to organize the administration. His first act was to provide for the calling of a Parliament, which he did in the following docu- ment. Whereas the necessity of affairs does require speedy advice ; We do desire all such persons as have served as knights, citizens or burgesses, in any of the Parliaments that were held during the reign of the late K. Charles II. to meet Us at St. James's, on Wednesday the 26th of this instant De- cember, by ten of the clock in the morning. And We do likewise desire, that the Lord-Mayor and Court of Aldermen of the City of London would be present at the same time : And that the Common-Council would appoint fifty of their "THE GLORIOUS REVOLUTION" 49 number to be there likewise. And hereof we desire 'em not to fail. Given at St. James's, the 23d of December, 1688. W. H. Prince of Orange. (Kennett, ed. cit., Ill, 538.) 182. The Lords Invite William to Undertake the Government The first step toward the foundation of a free Parliament was taken when the Prince of Orange summoned the Commons to confer with him (No. 181). The next step was taken by the Lords. They met at Westminster on Dec. 25, 1688, and formally invited William to undertake the government of England until the first meeting of Parliament. We, the Lords Spiritual and Temporal, assembled in this conjuncture, do desire your Highness to take upon you the administration of the public affairs, both civil and military, and the disposal of the public revenue, for the preservation of our religion, rights, laws, liberties, and properties, and of the peace of the nation : And that your Highness will take into your particular care, the present condition of Ireland; and endeavor, by the most effectual means, to prevent the dangers threatening that kingdom. All which, we make our request to your Highness to undertake and exercise, till the meeting of the intended convention, the 22d of January next. In which, we doubt not, such proper methods will be taken, as will conduce to the establishment of these things upon such sure and legal foundations, that they may not be in dan- ger of being again subverted. Dated at the House of Lords, Westm. Dec. 25th, 1688. (Kennett, ed. cit., Ill, 539.) 183. The Manner of Summoning Parliament On Christmas Day, 1688, the Lords at Westminster drew up a second address containing suggestions as to the method for sum- moning and electing members of the Parliament to be held on the 22d of January, i68g. We, the Lords Spiritual and Temporal, assembled at West- minster in this extraordinary conjuncture, do humbly desire your Highness to cause letters to be written, subscribed by yourself, to the Lords Spiritual and Temporal (being Prot- estants;) and to the several counties, universities, cities, 420 SOURCE-BOOK OF ENGLISH HISTORY boroughs, and cinque-ports of England, Wales, and Town of Berwick upon Twede. The letters for the counties, to be directed to the coroners of the respective counties or any one of them; and in default of the coroners, to the clerk of the Peace, of the respective counties : And the letters for the universities, to be directed to every Vice-Chancellor : And the letters to the several cities, boroughs, and cinque-ports, to be directed to the chief magistrate of each respective city, borough, and cinque-port; containing directions for the choosing, in all such counties, cities, universities, boroughs, and cinque-ports, within ten days after the receipt of the respective letters, such a number of persons to represent them, as are of right to be sent to Parliament: Of which elections, and the times and places thereof, the respective officers shall give notice, within the space of five days at the least. Notice of the intended elections for the counties, to be published in the churches, immediately after the time of divine service ; and in all market-towns within the respective counties: And notice of the intended elections for the cities, universities, boroughs, and cinque-ports, to be pub- lished within the said respective places. The said letters, and the execution thereof, to be returned, by such officer and officers who shall execute the same, to the Clerk of the Crown in the Court of Chancery ; so as the persons so to be chosen, may meet and sit at Westminster, on the two and twentieth day of January next. Dated at the House of Lords, Westm. Dec. 25, 1688. (Kennett, ed. cit., Ill, 539.) 184. Answer of the Prince to the Suggestions of the Lords (Dec. 28, 1688) In a brief but comprehensive address the Prince assured the Lords that he favourably regarded their suggestions concerning the method of calling Parliament together. I have considered of your advice ; and, as far as I am able, I will endeavour to secure the peace of the nation, until the meeting of the convention in January next ; for the election thereof, I will forthwith issue out letters, according to your desire. I will also take care to apply the public revenue to the most proper uses that the present affairs require : And likewise endeavour to put Ireland into such a condition, as that the Protestant religion, and the English interests, may be maintained in that Kingdom. And I further assure you, That as I came hither for the preservation of the Protestant "THE GLORIOUS REVOLUTION" 421 religion, and the laws and liberties of these kingdoms; so I shall always be ready to expose myself to any hazard, for the defense of the same. (Kennett, ed. cit., Ill, 540.) 185. William of Orange to the Commons (Dec. 26, 1688) In accordance with the invitation of the Prince of Orange (No. 181) members of the Commons' House of the Parliaments held during the reign of Charles II., and the Lord Mayor and court of the City of London, as well as representatives of the Common Council of the City of London, gathered for the pur- pose of forming a Parliament. The Prince briefly addressed them, and authorized them to carry out the purpose of their meeting. You gentlemen that have been members of the late Par- liaments, I have desired you to meet me here, to advise the best manner how to persue the ends of my declaration, in calling a free Parliament, for the preservation of the Prot- estant religion, and the restoring the rights and liberties of the kingdom, and settling the same, that they may not be in danger of being again subverted. And you the aldermen and members of the Common-Coun- cil of the City of London, I desire the same of you. And m regard your numbers are like to be great, you may, if you think fit, divide yourselves, and sit in several places. (Kennett, ed. cit., Ill, 539. 1 86. The Commons Answer the Prince (Dec. 26, 1688) Upon receipt of the command (No. 185) the Commons unani- mously consented to proceed with the organization of parlia- mentary government. They thanked the Prince for undertaking the care of the kingdom, and suggested methods for calling the Parliament together. We who have served as members of the Parliaments during the reign of the late King Charles II. together with the Court of Aldermen, and members of the Common-Council of the City of London, assembled at Your Highness's desire (in this extraordinary conjuncture), do, with an unanimous consent, tender to your Highness our humble and hearty thanks, for your coming in this kingdom, and exposing your person to so great hazards, for the preservation of our religion, laws, and liberties, and rescuing us from the mis- eries of popery and slavery : And desire your Highness, that 422 SOURCE-BOOK OF ENGLISH HISTORY (in pursuance of those ends, and for the preservation of the peace of the nation) your Highness will take upon you the administration of public affairs, both civil and military, and the disposal of the public revenue. We do also desire, That your Highness will take into your particular care, the present condition of Ireland; and en- deavour, by the most speedy and effectual means, to prevent the dangers threatening that kingdom. All which, we desire your Highness to undertake and execute, until the meeting of the intended convention, the 22d day of January next . . . [Suggestions as to summoning Parliament follow. They are almost identical with those of the Lords. No. 183.] (Kennett, ed. cit., Ill, 539.) 187. The Prince's Address to Parliament 'On Tuesday, January 22, 1688-9, the Lords Spiritual and Temporal, and Commons, assembled at Westminster : the Lord Marquis of Halifax, executed the place of Speaker in the House of Lords, and the Commons chose Henry Powle, Esq., to be their speaker. After which this letter from the Prince of Orange was read in both Houses on the occasion of their meeting.' I have endeavoured, to the utmost of my power, to perform what was desired from me, in order to the public peace and safety, and I do not know that any thing hath been omitted, which might tend to the preservation of them, since the ad- ministration of affairs was put into my hands. It now lieth upon you to lay the foundations of a firm security for your religion, your laws, and your liberties. I do not doubt, but that by such a full and free repre- sentative of the nation, as is now met, the ends of my decla- ration will be attained : And since it hath pleased God hitherto to bless my good intentions with so good success; I trust in Him, that we will complete His own work, by sending a spirit of peace and union, to influence your counsels, that no interruption may be given to an happy and lasting settle- ment. The dangerous condition of the Protestants in Ireland, require a large and speedy succour ; and the present state of things abroad, oblige me to tell you, that next to the danger of unseasonable divisions amongst yourselves, nothing can be so fatal, as too great a delay in your consultations. The states, by whom I have been enabled to rescue this nation, may suddenly feel the ill effects of it, both by being too long "THE GLORIOUS REVOLUTION" 423 deprived of the service of their troops, which are now here, and of your early assistance against a powerful enemy, who hath declared war against them. And as England is by treaty already engaged to help them upon such exigencies, so I am confident that their cheerful concurrence to preserve this kingdom with so much hazard to themselves, will meet with all the returns of friendship and assistance, which may be expected from you as Protestants and Englishmen, when- ever their condition shall require it. (Kennett, ed. cit., Ill, 541.) 1 88. The Parliamentary Title of the Sovereigns of England (Feb. 13, 1688) The era of Kingship by Divine Right passed with the fugitive Stuart. Once again in England the principle of an elective King- ship was vindicated. The title of William and Mary plainly rested upon parliamentary action, and since 1688 the Sovereigns of England have had in the will of the people a sure foundation for their thrones. The determination of William to be the sole executive head of the nation, a determination that prohibited the co-sovereignty of Mary, is clearly shown in the act con- ferring the crown upon him. The said Lords Spiritual and Temporal, and Commons as- sembled 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 kingdoms and Dominions, to them the said Prince and Princess during their lives, and the life of the survivor of them ; and that the sole and full exercise of the royal power be only in, and ex- ecuted by the said Prince of Orange, in the names of the Prince and Princess during their lives; And after their deceases, the said crown and royal dignity of the said king- doms and dominions to the heirs of the body of the said Prin- ces; And for default of such issue, to the Princess Anne of Denmark, and the heirs of her body ; a rd for default of such issue, to the heirs of the body of the said Prince of Orange. And the said Lords Spiritual and Temporal, and Commons, do pray the said Prince and Princess of Orange to accept the same accordingly. REPLY OF THE KING My Lords and Gentlemen: This is certainly the greatest proof of the trust you have 424 SOURCE-BOOK OF ENGLISH HISTORY in me that can be given, which is the thing that makes us value it the more : And as I had no other intention in coming hither, than to preserve your religion, laws, and liberties, so you may be sure, that I shall endeavour to support them, and shall be willing to concur in anything that shall be for the good of the kingdom, and to do all that is in my power to advance the welfare and glory of the nation. (Kennett, ed. cit., Ill, 548.) 189. The Bill of Rights (l W. & M. S. 2, C. 2, 1689) Statutes of the Realm Among the great constitutional documents the Bill of Rights, passed in October, 1689, ranks with the Magna Charta. On this great Act Macaulay says : "The Declaration of Right, though it made nothing law which had not been law before, contained the germ of the law which gave religious freedom to the Dissenter, of the law which secured the independence of the judges, of the law which limited the duration of parliaments, of the law which placed the liberty of the press under the protection of juries, of the law which prohibited the slave trade, of the law which abol- ished the sacramental test, of the law which relieved the Roman Catholics from civil disabilities, of the law which reformed the representative system, of every good law which has been passed during more than a century and a half, of every good law which may hereafter, in the course of ages, be found necessary to pro- mote the public weal, and to satisfy the demands of public opinion." AN ACT DECLARING THE RIGHTS AND LIBERTIES OF THE SUBJECT AND SETTLING THE SUCCESSION OF THE CROWN Whereas the Lords Spiritual and Temporal, and Commons, assembled at Westminster, lawfully, fully, and freely re- presenting 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 theit 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 : i. By assuming and exercising a power of dispensing with and suspending of laws, and the execution of laws, without consent of Parliament. "THE GLORIOUS REVOLUTION" 425 2. By committing and prosecuting divers worthy prelates, for humbly petitioning to be excused form 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 un- qualified 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 com- mitted in criminal cases, to elude the benefit of the laws made for the liberty of the subjects. n. And excessive fines have been imposed. 12. And illegal and cruel punishments inflicted. 13. 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 Al- mighty 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, bor- oughs, and cinque ports, for the choosing of such persons 426 SOURCE-BOOK OF ENGLISH HISTORY to 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 ac- cordingly made. And thereupon the said Lords Spiritual and Temporal, and Commons, pursuant to their respective letters and elec- tions, 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 as- sumed and exercised of late, is illegal. 3. That the commission for erecting the late Court of Com- missioners for Ecclesiastical causes, and all other commis- sions 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 parlia- ment, 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 exces- sive fines imposed; nor cruel and unusual punishments in- flicted. "THE GLORIOUS REVOLUTION" 427 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, parlia- ments 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 en- couraged 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 High- ness the Prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the viola- tion 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 kingdoms and dominions to them the said Prince and Princess during their lives, and the life of the survivor of them ; and that the sole and full exercise of the regal power be only in, and executed by, the said Prince of Orange, in the names of the said Prince and Princess, during their joint lives ; and after their 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. 428 SOURCE-BOOK OF ENGLISH HISTORY 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 de- posed or murdered by their subjects, or any other what- soever. And I do declare, that no foreign prince, person, prelate, state, or potentate hath, or ought to have, any juris- diction, power, superiority, pre-eminence, or authority ec- clesiastical 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 king- dom, 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 as- sembled, 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 partic- ulars aforesaid shall be firmly and strictly holden and ob- served, as they are expressed in the said declaration ; and all officers and ministers whatsoever shall serve their Ma- "THE GLORIOUS REVOLUTION" ^9 jesties and their successors according to the same in all times to come. VII. And the said Lords Spiritual and Temporal, and Commons, seriously considering how it hath pleased Al- mighty God, in his marvellous providence, and merciful goodness to this nation, to provide and preserve their said Majesties' royal persons most happily to reign over us upon the throne of their ancestors, for which they render unto Him from the bottom of their hearts their humblest thanks and praises, do truly, firmly, assuredly, and in the sincerity of their hearts, think, and do hereby recognize, acknowledge, and declare, that King James II. having abdicated the govern- ment, 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 Eng- land, France, and Ireland, and the dominions thereunto be- longing, in and to whose princely persons the royal State, Crown, and dignity of the same realms, with ail honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining, are most fully, rightfully, and entirely invested and incorporated, united and annexed. 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 be- seech 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: and thereunto the -said Lords Spiritual and Temporal, and 43 SOURCE-BOOK OF ENGLISH HISTORY Commons, do, in the name of all the people aforesaid, most humbly and faithfully submit themselves, their heirs and posterities, for ever: and do faithfully promise, That they will stand to, maintain, and defend their said Majesties, and also the limitation and succession of the Crown herein speci- fied and contained, to the utmost of their powers, with their lives and estates, against all persons whatsoever that shall attempt anything to the contrary. IX. And whereas it hath been found by experience, that it is inconsistent with the safety and welfare of this Protestant kingdom, to be governd 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 en- acted, 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 govern- ment 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 person or persons, being Protestants, as should have inherited and enjoyed the same, in case the said person or persons so reconciled, holding com- munion, or professing, or marrying as aforesaid, were natur- ally dead. X. And that every king and queen of this realm, who at any time hereafter shall come to succeed in the Imperial Crown of this kingdom, shall, on the first day of the meeting of the first parliament, next after his or her coming to the Crown, sitting in his or her throne in the House of Peers, in the presence of the Lords and Commons therein assembled, or at his or her coronation, before such person or persons who shall administer the coronation oath to him or her, at the time of his or her taking the said oath (which shall first happen), make, subscribe, and audibly repeat the declaration mentioned in the statute made in the thirtieth year of the reign of King Charles II., intituled 'An Act for the more effectual preserving the King's person and government, by disabling Papists from sitting in either House of Parliament.' But if it shall happen, that such king W queen, upon his or "THE GLORIOUS REVOLUTION" *$l her succession to the Crown of this realm, shall be under the age of twelve years, then every such king or queen shall make, subscribe, and audibly repeat the said declaration at his or her coronation, or the first day of the meeting of the first parliament as aforesaid, which shall first happen after such king or queen shall have attained the said age of twelve years. XI. All which their Majesties are contented and pleased shall be declared, enacted, and established by authority of this present parliament, and shall stand, remain, and be the law of this realm for ever; and the same are by their said Ma- jesties, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in parliament as- sembled, and by the authority of the same, declared, enacted, and established accordingly. XII. And be it further declared and enacted by the au- thority 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 dispensa- tion 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. XIII. Provided that no charter, or grant, or pardon granted before the three-and-twentieth day of October, in the year of our Lord One thousand six hundred eighty-nine, shall be any ways impeached or invalidated by this act, but that the same shall be and remain of the same force and effect in law, and no other, than as if this act had never been made. (Ed. from Statutes of the Realm, VI, 142-145.) 190. The Act of Settlement (12 & 13 WILL. Ill, 1700) Statutes of the Realm The Act of Settlement, or Act of Succession, became a law on June 12, 1701. HALLAM says of this important statute that it is "the seal of our constitutional laws, the complement of the Revo- lution itself and the Bill of Rights, and the last great statute which restrains the power of the Crown." AN ACT FOR THE FURTHER LIMITATION OF THE CROWN, AND BETTER SECURING THE RIGHTS AND LIBERTIES OF THE SUBJECT Whereas in the first year of the reign of your Majesty, and of our late most Gracious Sovereign Lady Queen Mary (of 432 SOURCE-BOOK OF ENGLISH HISTORY blessed memory) an Act of Parliament was made, intituled "An Act for declaring the Rights and Liberties of the Sub- ject, and for settling the Succession of the Crown," where- in it was (amongst other things) enacted, established and declared, That the Crown and Regal Government of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, should be and continue to your Majesty and the said late Queen, during the joint-lives of your Ma- jesty and the said Queen, and to the survivor : And that after the decease of your Majesty and of the said Queen, the said Crown and Regal Government should be and remain to the heirs of the body of the said late Queen : And for default of such issue, to her Royal Highness the Princess Anne of Denmark, and the heirs of her body: And for de- fault of such issue, to the heirs of the body of your Majesty. And it was thereby further enacted, That all and every person and persons that then were, or afterwards should be reconciled to, or shall hold communion with the See or Church of Rome, or should profess the Popish religion, or marry a Papist, should be excluded, and are by that act made for ever uncapable 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 and cases the people of these realms shall be and are thereby absolved of their allegiance : And that the said Crown and Govern- ment shall from time to time descend to and be enjoyed by such person or persons, being Protestants, as should have in- herited and enjoyed the same, in case the said person or persons, so reconciled, holding communion, professing, or marrying as aforesaid, were naturally dead. After the making of which statute, and the settlement therein con- tained, your Majesty's good subjects, who were restored to the full and free possession and enjoyment of their re- ligion, rights, and liberties, by the providence of God giving success to your Majesty's just undertakings and unwearied endeavours for that purpose, had no greater temporal felicity to hope or wish for. then to see a royal progeny descending from your Majesty, to whom (under God) they owe their tranquillity, and whose ancestors have for many years been principal assertors of the reformed religion and the liberties of Europe, and from our said most Gracious Sovereign Lady, whose memory will always be precious to the subjects of "THE GLORIOUS REVOLUTION" 433 these realms: And it having since pleased Almighty God to take away our said Sovereign Lady, and also the most hope- ful Prince William Duke of Gloucester (the only surviving issue of her Royal Highness the Princess Anne of Denmark) to the unspeakable grief and sorrow of your Majesty and your said good subjects, who under such losses being sensibly put in mind, that it standeth wholly in the pleasure of Al- mighty God to prolong the lives of your Majesty and of her Royal Highness, and to grant to your Majesty, or to her Royal Highness, such issue as may be inheritable to the Crown and regal Government aforesaid, by the respective limitations in the said recited Act contained, do constantly implore the Divine Mercy for those blessings: and your Majesty's said subjects having daily experience of your royal care and concern for the present and future welfare of these kingdoms, and particularly recommending from your Throne a further provision to be made for the succession of the Crown in the Protestant line, for the happiness of the nation, and the security of our religion ; and it being absolutely neces- sary for the safety, peace and quiet of this realm, to obviate all doubts and contentions in the same, by reason of any pre- tended titles to the Crown, and to maintain a certainty in the succession thereof, to which your subjects may safely have recourse for their protection, in case the limitations in the said recited Act should determine : Therefore for a further provision of the succession of the Crown in the Protestant line, we your Majesty's most dutiful and loyal subjects, the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, do beseech your Majesty that it may be enacted and declared, and be it enacted and declared by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Com- mons, in this present Parliament assembled, and by the authority of the same, That the most Excellent Princess Sophia, Electress and Duchess Dowager of Hanover, daugh- ter of the most Excellent Princess Elizabeth, late Queen of Bohemia, daughter of our late Sovereign Lord King James I, of happy memory, be and is hereby declared to be the next in succession, in the Protestant line, to the Imperial Crown and dignity of the said realms of England, France and Ireland, with the dominions and territories thereunto belonging, after his Majesty, and the Princess Anne of Denmark, and in de- fault of issue of the said Princess Anne, and of his Majesty respectively: And that from and after the deceases of his 434 SOURCE-BOOK OF ENGLISH HISTORY said Majesty, our now Sovereign Lord, and of her Royal Highness the Princess Anne of Denmark, and for default of issue of the said Princess Anne, and of his Majesty respec- tively, the Crown and regal Government of the said kingdoms of England, France and Ireland, and of the dominions there- unto belonging, with the royal state and dignity of the said realms, and all honours, stiles, titles, regalities, prerogatives, powers, jurisdictions and authorities, to the same belonging and appertaining, shall be, remain, and continue to the said most Excellent Princess Sophia, and the heirs of her body, being Protestants: And thereunto the said Lords Spiritual and Temporal, and Commons, shall and will, in the name of all the people of this realm, most humbly and faithfully sub- mit themselves, their heirs and posterities; and do faithfully promise that after the deceases of his Majesty, and her Royal Highness, and the failure of the heirs of their respective bodies, to stand to, maintain, and defend the said Princess Sophia, and the heirs of her body, being Protestants, accord- ing to the limitation and succession of the Crown in this Act specified and contained, to the utmost of their powers, with their lives and estates, against all persons whatsoever that shall attempt anything to the contrary. II. Provided always, and it is hereby enacted, That all and every person and persons, who shall or may take or in- herit the said Crown, by virtue of the limitation of this present Act, and is, are or shall be reconciled to, or shall hold communion with, the See or Church of Rome, or shall pro- fess the Popish religion, or shall marry a Papist, shall be subject to such incapacities, as in such case or cases are by the said recited Act provided, enacted, and established ; and that every King and Queen of this realm, who shall come to and succeed in the Imperial Crown of this kingdom, by virtue of this Act, shall have the Coronation Oath administered to him, her or them, at their respective Coronations, accord- ing to the Act of Parliament made in the first year of the reign of his Majesty, and the said late Queen Mary, intituled. 'An Act for establishing the Coronation Oath,' and shall make, subscribe, and repeat the Declaration in the Act first above recited mentioned or referred to, in the manner and form thereby prescribed. III. And whereas it is requisite and necessary that some further provision be made for securing our religion, laws and liberties, from and after the death of his Majesty and the Princess Anne of Denmark, and in default of issue of the "THE GLORIOUS REVOLUTION" 435 body of the said Princess, and of his Majesty respectively: Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Tem- poral, and Commons, in Parliament assembled, and by the authority of the same, That whosoever shall hereafter come to the possession of this Crown, shall join in communion with the Church of Eng- land, as by law established. 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. 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. That from and after the time that the further limitation by this Act shall take effect, all matters and things relating to the well governing of this kingdom, which are properly 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. That after the said limitation shall take effect as aforesaid, no person born out of the kingdoms of England, Scotland, or Ireland, or the dominions thereunto belonging (although he be naturalised or made a denizen, except such as are born of English parents), shall be capable to be of the Privy Council, or a Member of either House of Parliament, or to enjoy any office or place of trust, either civil or military, or to have any grant of lands, tenements or hereditaments from the Crown, to himself or to any other or others in trust for him. 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. That after the said limitation shall take effect as aforesaid, Judges' Commissions be made Quamdiu se bene gesserint, and their salaries ascertained and established; but upon the Address of both Houses of Parliament it may be lawful to remove them. That no pardon under the Great Seal of England be plead- able to an impeachment by the Commons in Parliament. 436 SOURCE-BOOK OF ENGLISH HISTORY IV. And whereas the Laws of England are the birthright of the people thereof, and all the Kings and Queens, who shall ascend the Throne of this realm, ought to administer the Government of the same according to the said laws, and all their officers and ministers ought to serve them respect- ively according to the same : The said Lords Spiritual and Temporal, and Commons, do therefore further humbly pray, That all the Laws and Statutes of this realm for securing the established religion, and the rights and liberties of the people thereof, and all other Laws and Statutes of the same now in force, may be ratified and confirmed, and the same are by his Majesty, by and with the advice and consent of the said Lords Spiritual and Temporal, and Commons, and by authority of the same, ratified and confirmed accordingly. (Statutes of the Realm, VII, 636-638.) 191. The Jesuits in England under William Henry Humbertson The striking contrast between this letter and No. 178, written but thirteen years before, is the best illustration of the radical change in the status of the Catholics effected by the revolution of 1688. The disabilities then imposed on Catholics were not destined to be removed for over a century. The letter is from the Rev. Henry Humbertson, Rector of St. Omer's College, to the Very Rev. Father General of the Society of Jesus. LETTER FROM THE FATHER PROVINCIAL TO THE FATHER GENERAL OF THE SOCIETY OF JESUS St. Omer, loth April, 1700. Very Reverend Father in Christ, P. C. It is deemed unsafe to write to your Paternity from Eng- land, and this is the reason of my long silence. Being now in Belgium I take the opportunity of writing to acquaint your Paternity in the first place that a great persecution is about to be raised in England. The Parliament which, so long as it stood in need of the aid of the Catholic princes in the war against the King of France and their own Sovereign (James II.), restrained itself for the time, now that the motive for dissimulation is removed, has resumed its accustomed prac- tices, and, besides reviving the ancient penal laws, both Houses have passed a new one, of which the following are the principal heads: "THE GLORIOUS REVOLUTION" 437 I. If any Catholic Bishop, priest, or Jesuit be apprehended in this kingdom after the 25th of March, 1700, and shall be convicted of having exercised any episcopal or sacerdotal functions whatever, he shall be imprisoned for life in some place in England, to be assigned by the King. The informer is to receive a reward of 100 sterling (about 400 Roman scudi). Also, if any one shall open a school for the educa- tion of children, or shall afford any means of doing so in his own house, without first taking the oath of allegiance and supremacy, he shall be condemned to the same punishment. II. After the 2gih of September, 1700, every Catholic at- taining the age of eighteen must within six months after attaining that age take the said oath, abjuring his faith and embracing the national religion ; in default of which he shall be incapable of inheriting or of possessing any goods, honours, or titles whatever, and during such his refusal his inheritance, etc., shall pass to, and be held and enjoyed by his nearest Protestant relation, without being liable to account for the same (except in case of wilful waste). III. After the loth of April, 1700, every Catholic shall be incapable of either buying or selling any lands, possessions, or hereditaments whatever within the kingdom ; and all titles and contracts of every kind, under which property shall be bought or sold, shall be null and void. IV. Whoever shall send a son or daughter or any ward into foreign parts for education in the Roman Catholic religion shall be fined in the sum of fioo sterling, and whereas the statute of I. James I. awarded one half that fine to be paid to the Treasury and the other half to the informer, now, to intensify the exertions of the informer, the whole fine is allotted to them by way of reward. V. In order that Protestant sons or daughters born of Catholic parents may not be compelled to follow their parents' religion against their conscience for want of the means of support, it is enacted that in case such parents refuse to find them support proper to their state, the Lord Chancellor, upon the petition of any such child, shall order some scheme whereby the second clause of the act may be applied to them. This act having passed both Houses of Parliament only awaits the assent of the Prince of Orange, who is now king, to give it the force of law, and this there is no doubt of his giving. A persecution is hence anticipated, exceeding any that has been experienced since heresy took root in England. No act of Parliament more calculated to root out the Catholic 438 SOURCE-BOOK OF ENGLISH HISTORY faith in England was ever enacted, and, unless it pleases God to hinder its execution, it will be impossible for religion long to exist in the kingdom. I have ordained public prayers throughout the whole Province to implore the Divine pro- tection. I entreat your Paternity likewise to recommend the unhappy condition of our country to the Holy Sacrifices and prayers of the whole Society, and that they will remember me also, Your Very Rev. Paternity's Most obedient servant in Christ, Henry Humberston. (Records of the English Province of the Society of Jesus, ed. cit. , V. ) 192. Dissenters in the Eighteenth Century Chamberlayne The student should not lose sight of the fact that for a thou- sand years after the coming of the Anglo-Saxons as for cen- turies before, the Church of Rome was the Church in England. Following the establishment of the Church of England in the reign of Henry VIII a variety of sects contended with the State Church for place and power. Much of the history of the later Tudors and the Stuarts finds its impulses in the dissensions of sectaries. Despite constant and stringent measures looking to uniformity of worship, dissent continued and increased. The fol- lowing selection well illustrates the theological divisions of the people after the Revolution of 1688. The inhabitants of this land, being a sensible and civilized people, are generally much addicted to religion ; and whereas, in those countries where the Roman Catholic religion is national, ignorance is the mother of devotion, people of the best parts being least affected with a religion; so, contrary to reason, here in England those who are of the best capaci- ties are generally most devout ; and again, the devoutest men of this church are always the best moralists, which shows their devotion to be unfeigned and without hypocrisy; but the greatest blemish to religion amongst us is the pitiable number of dissenters from the Established Church, some pre- judiced by education, some by sensuality, some by interest, and some few by misguided zeal ; for, having repented of their former ill courses, whilst they call themselves members of the Church of England, they think they cannot thoroughly change their lives without changing their religion too, be- coming, like stray sheep, an easy prey to the next claimer. If we divide the people of England into 60 parts, perhaps "THE GLORIOUS REVOLUTION" 439 five of them are such dissenters of all sorts who never come to the public services of the national church. Two parts who hold communion with the national Church and with their own particular sect at the same time, as occa- sion or opportunity offers. These are a foolish and incon- siderate people, who are little valued by either side by reason of their inconsistency and prevarication with God and man, especially if it appears to be done upon a selfish and temporal account. Three parts are these who being in constant communion with the Church of England, seldom or never joining openly with any other, seem nevertheless somewhat displeased with the Church, and the only reason they continue in it is because they are more displeased with every sect of the dissenters from it: for they acknowledge this to be the best form of religion in the country ; but this they (having new schemes in their heads) would reform or refine. The most understanding of this sort of men have a political thirst after such a reformation, in hope by that means to comprehend many of the more moderate dissenters, and to bring them into communion with the national Church ; and such a design was set on foot in the beginning of this government in convocation, where all things of that nature are first to be debated; but few of the dissenters at that time showing any willingness to be so comprehended, and some of the heads of them counselling ingeniously that all such attempts would prove successless, without quite dissolv- ing our frame of church government, the whole business fell. And instead thereof, all Protestant dissenters from the Church (except Antitrinitarians) are tolerated so long as they live peaceably and conformably in the state, and every man in England doth now enjoy a free liberty of conscience and use of what religion best pleases him. The dissenters from the Church of England are of these five sorts: Libertines, Papists, Anabaptists, Independents, and Presbyterians. First, By Libertines we mean those that live ad libitum, whether they be Atheists, Sceptics, Deists, and the like; of these there are not many amongst us, at leastwise pro- fessedly so, and those that be, are vain, fanatic, unthinking people, some of whom having a little smattering of learning, are troublesome with it to themselves and the rest of man- kind. These men have some superficial knowledge in second causes, but, for want of due consideration, they are al* 440 SOURCE-BOOK OF ENGLISH HISTORY together ignorant of the first Mover and of his revealed will . . . The number of Jews and Socinians amongst us is still more inconsiderable. Secondly, Papists we have many, yet not so many but that in the late government, when they all appeared publicly, it was, and is, a wonder how the designs of that handful of men could put the whole nation into such convulsions . . . 3. Anabaptists are of two sorts : First, those who go vul- garly by that name ; and, secondly, those who are distin- guished by the name of Quakers. The Anabaptists which go by that name are a more reason- able sort here in England that those of Flanders and Ger- many ; very few of ours are so wild, extravagant, and en- thusiastical as those abroad. These submit themselves to civil government; and the chief article of their dissent in religion, is concerning Pccdobaptism, which they hold un- reasonable. Yet there is in many other things some of the Flemish leaven still among them, as accounting themselves the only pure church ; are envious at the Established Church ; abhor paying of tithes, and affect parity : but that which is worst of all, some of them have strange notions concerning our blessed Saviour and his Incarnation, the Holy Trinity, the soul of man, etc. Some of these, as well as Quakers, are great admirers of Jacob Behmen and his sort of cant ; and many of them are closely wrapped up in Rosicrusian Divin- ity; they look upon all liturgy and ceremonies as popish, allow that laymen may administer sacraments, expect an universal monarchy of Christ here on earth. Some of them are called Brownists, from Robert Brown of Northamptonshire, but there are some Brownists who allow of Paedobaptism. Fam- ilists, or the Family of Love, we have scarce any remaining: Adamites none. But here are some Antimonians who hold that no trangression is sin in the "children of God": Tras- kitts, now called Seventh-day men, who keep the Jewish Sab- bath : Antisabbatarians, who keep none at all ; and the Muggletonians are scarce extinct, who say that God the Father, leaving the government of Heaven to Elias, came down on Earth and suffered in human form ; these deny the Holy Trinity, the creation of earth and water, the immortal- ity of the soul, religious ministry, and, some of them, ma- gistratual authority. Quakers. The other sort of Anabaptists are called Quakers or Shakers, from the trembling and quaking caused in them "THE GLORIOUS REVOLUTION" 44' by vapors in their ecstatic fits, especially after long fasting, an exercise very much practised by the first disciples of this sect here in England, but of late almost wholly dis- used . . . They reject ministerial ordinances, and place religion wholly in the inward light of every man's private spirit; and how different soever the impulses of one man's spirit are from another, and how different notions soever they create, they account it all the same light infused by the Spirit of God in different measures and degrees. They agree with other Anabaptists against infant baptism, and go far beyond them, even to the neglecting of all baptism, and the other sacrament of the Eucharist, all human learn- ing, appropriate places and times of worship, and abhor paying of tithes. They practised formerly abstinence and self-denial, but now of late none are prouder or more luxurious than the generality of them : they formerly wore plain and coarse clothes, now the men wear very fine cloth, and are distinguished from others only by a particular shap- ing of their coats, a little pleated cravat, and a slender hat-band; the women nevertheless wear flowered, or striped, or damask silks, and the finest linen cut and pleated in imitation of lace, but they wear no lace or superfluous rib- bons ; however, they are extremely nice in their choice of tailors, seamstresses, and laundresses. Those of the men who wear periwigs have them of genteel hair and shape, tho' not long. They are as curious in their meats, and as cheerful in their drink, and as soft in their amours, and as much in the enjoyment of life as others. They have generally denied the Trinity of Persons in the one Godhead, the resurrection of the body, the Incarnation of Christ (which they seem to look upon as a figure) the locality of heaven and hell, and many other Catholic tenets. Independents. Independents are a sect lately sprung up from the Brownists. These have no general church govern- ment, but each particular congregation is ruled by their own laws and methods without dependence on one another: look upon tithes as superstitious and Judaical ; are against all set form of prayer, even the Lord's Prayer. They give power to private men to erect and gather churches, elect, ordain, depose, excommunicate, and determine finally in all church-causes. Laity sometimes administer the sacraments, and magistrates administer the office of matrimony. They are most of them Millenaries, and commence the last thousand W SOURCE-BOOK OF ENGLISH HISTORY years of Christ's kingdom from the beginning of Independ- ency. All those of the laity they account "gifted men," are permitted to preach, and pray, and to catechise the preacher concerning the doctrine he has preached. They communicate frequently, sitting at a table or without a table. Presbyterians. Presbyterians maintain that there is only a nominal difference between bishop, presbyter, and pastor; and that priest is not a gospel word, but belongs only to sacrifices. They will not allow deacons to preach, but only to collect for and administer to the poor. In every church they appoint lay-elders and rulers, who are to inspect men's manners and to bear a part in the government of the church. They acknowledge a priority of order ought to be amongst church-governours, but not a priority of jurisdiction. They deny the civil magistrate any authority in church govern- ment, making the king mere Laicits, and subject to the censures of parochial church-governours. They have two church judicatories, the classical assembly and the general assembly, to which there lies an appeal from the classical. When we speak of any of these sectaries indiscriminately, we call them dissenters and nonconformists ; and they that speak more freely term them fanatics and enthusiasts. It must be confessed that in all these sects there are some good moral men, nay, some of them zealous towards God, but in such a zeal as is not according to knowledge. Neither are they all equally blameable in all respects. The Presbyterians come nearest to the Church ; the Quakers are the most peaceable; the Papists are the most mannerly, and the like;... (Anglite Notitia, E. Chamberlayne, Lend. 2oth, ed. 1703, 255.) CHAPTER XXV UNION BETWEEN ENGLAND AND SCOTLAND 193. The Queen's Speeches on Union of England and Scotland Oldmixot. The strife of centuries was brought to a close by the union of England and Scotland. Queen Anne publicly expressed the hope that the two peoples would become firmly united into one great nation, and JOHN R. GREEN, in his History of the English People, thus comments upon her words : "Time has more than answered these hopes. The two nations whom the Union brought together have ever since remained one. England gained in the removal of a constant danger of treason and war. To Scotland the Union opened up new avenues of wealth which the energy of the people turned to wonderful account. The farms of Lothian have become models of agricultural skill. A fishing-town on the Clyde has grown into the rich and populous Glasgow. Peace and culture have changed the wild clansmen of the Highlands into herdsmen and farmers. Nor was the change followed by any loss of national spirit. The world has hardly seen a mightier and more rapid development of national energy than that of Scotland after the Union. All that passed away was the jealousy which had parted since the days of Edward the First two peoples whom a common blood and common speech proclaimed to be one. The Union between Scotland and England has been real and stable simply because it was the legislative acknowledgment and enforcement of a national fact." (Jan. 28th, 1707.) My Lords and Gentlemen, Having acquainted you at the opening of this session, that the treaty for an Union between England and Scotland, which had been concluded here by the commissioners ap- pointed for that purpose, in pursuance of the powers given by the Parliaments of both kingdoms, was then under the consideration of the Parliament of Scotland, I can now, with great satisfaction, inform you that the said treaty has been ratified by Act of Parliament in Scotland with some additions and alterations. 443 444 SOURCE-BOOK OF ENGLISH HISTORY I have directed the treaty agreed to by the commissioners of both kingdoms, and also the Act of Ratification from Scotland, to be laid before you, and I hope it will meet with your concurrence and approbation. Gentlemen of the House of Commons, It being agreed by this treaty, that Scotland is to have an equivalent for what that kingdom is obliged to contribute towards paying the debts of England. I must recommend to you, that in case you agree to the treaty you would take care to provide for the payment of the equivalent to Scotland accordingly. My Lords and Gentlemen, You have now an opportunity before you of putting the last hand to a happy Union of the two kingdoms, which I hope will be a lasting blessing to the whole Island, a great addition to its wealth and power, and a firm security to the Protestant religion. The advantages which will accrue to us all from an Union are so apparent that I will add no more, but that I shall look upon it as a particular happiness, if this great work, which has been so often attempted without suc- cess, can be brought to perfection in my reign. (March 6th, 1707.) My Lords and Gentlemen, It is with the greatest satisfaction that I have given my assent to a Bill for uniting England and Scotland into one kingdom. I consider this Union as a matter of the greatest impor- tance to the wealth, strength, and safety of the whole Island, and at the same time, as a work of so much difficulty and nicety in its own nature, that till now all attempts, which have been made towards it in the course of above a hundred years, have proved ineffectual ; and therefore I make no doubt but it will be remembered and spoken of hereafter to the honour of those who have been instrumental in bringing it to such a happy conclusion. I desire and expect from all my subjects of both nations, that from henceforth they act with all possible respect and kindness to one another, that so it may appear to all the world, they have hearts disposed to become one people. This will be a great pleasure to me, and will make us all quickly sensible of the good effect of this Union. ENGLAND AND SCOTLAND 445 And I cannot but look upon it as a peculiar happiness, that in my reign so full a provision is made for the peace and quiet of my people, and for the security of our religion, by so firm an establishment of the Protestant succession through- out Great Britain. Gentlemen of the House of Commons, I take this occasion to remind you to make effectual pro- vision for the payment of the equivalent to Scotland within the time appointed by this Act, and I am persuaded you will show as much readiness in this particular as you have done in all the other parts of this great work. My Lords and Gentlemen, The season of the year being now pretty far advanced, I hope you will continue the same zeal which has appeared throughout this session, in despatching what yet remains un- finished of the public business before you. (The History of England, Oldmixon, Lond. 1739. III. p. 383-386.) 194. Union between England and Scotland (5 ANNE, c. 8, 1707) Collection of Statutes, Evans AN ACT FOR AN UNION OF THE TWO KINGDOMS OF ENGLAND AND SCOTLAND (Preamble) ARTICLE 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. ARTICLE II That the succession of the monarchy of the united kingdom of Great Britain, and of the dominions thereto belonging, after her most sacred Majesty, and in default of issue of her Majesty, be, remain, and continue to the most excellent Prin- 446 SOURCE-BOOK OF ENGLISH HISTORY cess Sophia, electoress and duchess dowager of Hanover, and the heirs of her body being Protestants, upon whom the Crown of England is settled by an Act of Parliament made in England in the twelfth year of the reign of his late Ma- jesty King William the Third, entitled, An Act for the further Limitation of the Crorvn, and better securing the Rights and Liberties of the Subject: And that all Papists, and persons marrying Papists, shall be excluded from, and for ever incapable to inherit, possess, or enjoy the Imperial Crown of Great Britain, and the dominions thereunto belong- ing, or any part thereof ; and in every such case, the Crown and government shall from time to time descend to, and be enjoyed by such person, being a Protestant, as should have inherited and enjoyed the same, in case such Papist, or per- son marrying a Papist, was naturally dead, according to the provision for the descent of the Crown of England, made by another Act of Parliament in England in the first year of the reign of their late Majesties King William and Queen Mary, entitled, An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown. ARTICLE III That the united kingdom of Great Britain be represented by one and the same Parliament, to be styled, The Parlia- ment of Great Britain. ARTICLE 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 do-- minions and plantations thereunto belonging; and that there be a communication of all other rights, privileges, and ad- vantages, which do or may belong to the subjects of either kingdom; except where it is otherwise expressly agreed in these articles. ARTICLE V (Scotch ships to be registered as British ships.) ARTICLE VI (Concerning Trade, Scots Cattle, and Importation of Victuals.) ENGLAND AND SCOTLAND 447 ARTICLE VII (Concerning Excises.) ARTICLE VIII (Concerning Foreign Salt, Scotch Salt, Flesh Exported from Scotland, Curing of Herrings, Fish Exported, etc.) ARTICLE IX (Concerning Land Tax and Quota of Scotland.) ARTICLE X (Concerning Stamped Vellum.) ARTICLE XI (Concerning the Window Tax.) ARTICLE XII (Concerning Coals, Culm, and Cinders.) ARTICLE XIII (Concerning Malt.) ARTICLE XIV (Scotland not chargeable with any other duties before the Union, except these consented to.) ARTICLE XV (Concerning Equivalent Money and Uses, Coin of Scotland, African and Indian Company of Scotland, Overplus, Public Debts of Scotland, Manufacture of Coarse Wool, Fisheries, and the Appointment of Commissioners for the Equivalent.) ARTICLE 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. ARTICLE 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 44 SOURCE-BOOK OF ENGLISH HISTORY 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. ARTICLE 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 notwithstand- ing 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 dif- ference betwixt 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 made 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 sub- jects within Scotland. ARTICLE XIX (Concerning Courts and the Privy Council.) ARTICLE XX (Concerning Heritable Offices.) ARTICLE XXI (Concerning Royal Burghs.) ARTICLE 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 ENGLAND AND SCOTLAND 449 of Scotland, commanding them to cause sixteen peers, who are to sit in the House of Lords, to be summoned to Parlia- ment, and forty-five members to be elected to sit in the House of Commons of the Parliament of Great Britain, according to the agreement of this treaty, in such manner as by an Act of this present session of the Parliament of Scot- land is or shall be settled; which Act is hereby declared to be as valid as if it were a part of and engrossed in this treaty. And that the names of the persons so summoned and elected shall be returned by the privy council of Scotland into the court from whence the said writ did issue . . . And that every one of the lords of Parliament of Great Britain, and every member of the House of Commons of the Parliament of Great Britain, in the first and all succeeding Parliaments of Great Britain, until the Parliament of Great Britain shall otherwise direct, shall take the respective oaths appointed to be taken instead of the oaths of allegiance and supremacy. . . And it is declared and agreed, That these words, This Realm, The Crown of this Realm, and The Queen of this Realm, mentioned in the oaths and declaration contained in the aforesaid Acts, which were intended to signify the crown and realm of England, shall be understood of the crown and realm of Great Britain ; and that in that sense the said oaths and declaration be taken and subscribed by the members of both Houses of the Parliament of Great Britain. ARTICLE 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 particularly the right of sitting upon the trial of peers : And in case of the trial of any peer, in time of adjournment, or prorogation of Parliament, the said sixteen peers shall be summoned in the same manner, and have the same powers and privileges at such trial, as any other peers of Great Britain. And that in case 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 suc- cessors to their honours and dignities, shall from and after 45<> SOURCE-BOOK OF ENGLISH HISTORY the Union, be peers of Great Britain, and have rank and prece- dency next and immediately after the peers of the like orders and degrees in England at the time of the Union, and before all peers of Great Britain of the like orders and degrees, who may be created after the Union, and shall be tried as peers of Great Britain, and shall enjoy all privileges of peers, as fully as the peers of England do now, or as they, or any other peers of Great Britain may hereafter enjoy the same, except the right and privilege of sitting in the House of Lords, and the privileges depending thereon, and particularly the right of sitting upon the trials of peers. ARTICLE XXIV That from and after the Union, there be one great seal for the united kingdom of Great Britain, which shall be different from the great seal now used in either kingdom: And that the quartering the arms, and the rank and precedency of the lyon king of arms of the kingdom of Scotland, as may best suit the Union, be left to her Majesty: And that in the mean time, the great seal of England be used as the great seal of the united kingdom, and that the great seal of the united kingdom be used for sealing writs to elect and summon the Parliament of Great Britain, and for sealing all treaties with foreign princes and states, and all public acts, instruments and orders of state, which concern the whole united kingdom, and in all other matters relating to England, as the great seal of England is now used : And that a seal in Scotland after the Union be always kept and made use of in all things relat- ing to private rights or grants, which have usually passed the great seal of Scotland, and which only concern offices, grants, commissions, and private rights within that kingdom ; and that until such seal be appointed by her Majesty, the present great seal of Scotland shall be used for such pur- poses : And that the privy seal, signet, casset, signet of the judiciary court, quarter seal, and seals of court now used in Scotland be continued ; but that the said seals be altered and adapted to the state of the Union, as her Majesty shall think fit; and the said seals, and all of them, and the keepers of them, shall be subject to such regulations as the Parliament of Great Britain shall hereafter make. And that the crown, sceptre, and sword of state, the records of Parliament, and all other records, rolls and registers whatsoever, both public and private, general and particular, and warrants thereof, continue to be kept as they are within that part of the united ENGLAND AND SCOTLAND 451 kingdom now called Scotland; and that they shall so remain in all time coming, notwithstanding the Union. ARTICLE XXV That all laws and statutes in either kingdom, so far as they are contrary to, or inconsistent with the terms of these articles, or any of them, shall, from and after the Union, cease and become void, and shall be so declared to be, by the respective Parliaments of the kingdom. As by the said articles of Union, ratified and approved by the said Act of Parliament of Scotland, relation being there- unto had, may appear. And the tenor of the aforesaid Act for securing the Protestant religion and Presbyterian church government within the kingdom of Scotland, is as follows: II. Our sovereign lady, and the estates of Parliament, con- sidering that by the late Act of Parliament, for a treaty with England for an Union of both kingdoms, it is provided, That the commissioners for that treaty shall not treat of or con- cerning any alteration of the worship, discipline, and govern- ment of the church of this kingdom as now by law estab- lished: Which treaty being now reported to the Parliament, and it being reasonable and necessary that the true Protes- tant religion, as presently professed within this kingdom, with the worship, discipline, and government of this church, should be effectually and unalterably secured : Therefore her Majesty, with advice and consent of the said estates of Parliament, doth hereby establish and confirm the said true Protestant religion, and the worship, discipline, and govern- ment of this church, to continue without any alteration to the people of this land in all succeeding generations ; and more especially her Majesty, with advice and consent afore- said, ratifies, approves, and for ever confirms the fifth Act of the first Parliament of King William and Queen Mary, entitled, Act ratifying the Confession of Faith, and settling Presbyterian Church Government; with all other Acts of Parliament relating thereto, in prosecution of the declaration of the estates of this kingdom, containing the claim of right, bearing date the eleventh of April, one thousand six hun- dred and eighty-nine: And her Majesty, with advice and consent aforesaid, expressly provides and declares, That the foresaid true Protestant religion, contained in the above- mentioned confession of faith, with the form and purity of 452 SOURCE-BOOK OF ENGLISH HISTORY worship presently in use within this church, and its Pres- byterian church government and discipline (that is to say) the government of the church by kirk sessions, presbyteries, provincial synods, and general assemblies, all established by the foresaid Acts of Parliament, pursuant to the claim of right, shall remain and continue unalterable, and that the said Presbyterian government shall be the only government of the church within the kingdom of Scotland. III. (Providing for the continuance of Universities and Colleges in Scotland.) IV. (Scotch subjects not to be liable to any oath incon- sistent with said Church Government; Queen's successors to maintain said government.) V. And it is hereby statute and ordained, That this Act of Parliament, with the establishment therein contained, shall be held and observed in all time coming, as a fundamental and essential condition of any treaty or Union to be con- cluded betwixt the two kingdoms, without any alteration thereof, or derogation thereto in any sort for ever : As also, That this Act of Parliament, and settlement therein con- tained, shall be insert and repeated in any Act of Parliament that shall pass for agreeing and concluding the foresaid treaty or Union betwixt the two kingdoms ; and that the same shall be therein expressly declared to be a fundamental and essential condition of the said treaty or Union in all time coming: Which articles of Union, and Act immediately above-written, her Majesty, with advice and consent aforesaid, statutes, enacts, and ordains to be and continue, in all time coming, the sure and perpetual foundation of a complete and entire Union of the two kingdoms of Scotland and England, under the express condition and provision, that this approba- tion and ratification of the foresaid articles and Act shall be no ways binding on this kingdom, until the said articles and Act be ratified, approved, and confirmed by her Majesty, with and by the authority of the Parliament of England, as they are now agreed to, approved, and confirmed by her Ma- jesty, with and by the authority of the Parliament of Scot- land ; declaring nevertheless, that the Parliament of England may provide for the security of the church of England as they think expedient, to take place within the bounds of the said kingdom of England, and not derogating from the se- curity above provided for establishing of the church of Scotland within the bounds of this kingdom; as also the said Parliament of England may extend the additions and other ENGLAND AND SCOTLAND 453 provisions contained in the articles of Union, as above insert, in favours of the subjects of Scotland, to and in favours of the subjects of England; which shall not suspend or derogate from the force and effect of this present ratification, but shall be understood as herein included, without the necessity of any new ratification in the Parliament of Scotland. VI. (Providing that all laws, etc., inconsistent with Ar- ticles of Union, shall cease.) VII. And whereas an Act hath passed in this present ses- sion of Parliament, entitled, An Act for securing the Church of England as by Law established; the tenor whereof fol- lows: Whereas by an Act made in the session of Parliament held in the third and fourth year of her Majesty's reign, whereby her Majesty was empowered to appoint commissioners, under the great seal of England, to treat with commissioners to be authorized by the Parliament of Scotland, concerning an Union of the kingdoms of England and Scotland, it is pro- vided and enacted, That the commissioners to be named in pursuance of the said Act should not treat of or concerning any alteration of the liturgy, rites, ceremonies, discipline, or government of the church as by law established within this realm: And whereas certain commissioners appointed by her Majesty in pursuance of the said Act, and also other com- missioners nominated by her Majesty by the authority of the Parliament of Scotland, have met and agreed upon a treaty of Union of the said kingdoms; which treaty is no\v under the consideration of this present Parliament; And whereas the said treaty (with some alterations therein made) is ratified and approved by Act of Parliament in Scotland; and the said Act of ratification is by her Majesty's royal command, laid before the Parliament of this kingdom : And whereas it is reasonable and necessary, that the true Prot- estant religion professed and established by law in the Church of England, and the doctrine, worship, discipline, and government thereof, should be effectually and unalterably secured; be it enacted by the Queen's most excellent Ma- jesty, by and with the advice of the Lords Spiritual and Tem- poral, and the Commons, in this present Parliament assem- bled, and by authority of the same, That an Act made in the thirteenth year of the reign of Queen Elizabeth, of famous memory, entitled, An Act for the Ministers of the Church to be of sound Religion; and also another Act made in the thirteenth year of the reign of the late King Charles the 454 SOURCE-BOOK OF ENGLISH HISTORY Second, entitled, An Act for the Uniformity of the Public Prayers and Administration of Sacraments, and other Rites and Ceremonies, and for establishing the form of making, ordaining, and consecrating Bishops, Priests and Deacons in the Church of England, (other than such clauses in the said Acts, or either of them, as have been repealed or altered by any subsequent Act or Acts of Parliament,) and all and sin- gular other Acts of Parliament now in force for the estab- lishment and preservation of the Church of England, and the doctrine, worship, discipline, and government thereof, shall remain and be in full force for ever. VIII. (Providing that the Queen's successors are to take an oath to maintain the settlement of the Church of Eng- land.) IX. (Providing that this Act is to be an essential part of any treaty between the kingdoms.) X. (Providing that the Articles of Union, and the Act for the establishment of the Presbyterian Church Government, be ratified and confirmed.) XL (Declaring the Acts for settling the Church Govern- ments in both kingdoms essential parts of the Union.) XII. And whereas since the passing the said Act in the Parliament of Scotland, for ratifying the said articles of Union, one other Act, entitled, An Act settling the Manner of electing the Sixteen Peers, and Forty-five Members, to represent Scotland in the Parliament of Great Britain, hath likewise passed in the said Parliament of Scotland at Edin- burgh, the fifth day of February, one thousand seven hun- dred and seven, the tenor whereof follows : Our sovereign lady considering, That by the twenty-second articles of the treaty of Union, as the same is ratified by an Act passed in this session of Parliament, upon the sixteenth of January last, it is provided, That by virtue of the said treaty, of the Peers of Scotland, at the time of the Union, sixteen shall be of the number to sit and vote in the House of Lords, and forty-five the number of the representatives of Scotland in the House of Commons of the Parliament of Great Britain; and that the said sixteen peers, and forty- five members in the House of Commons, be named and chosen in such manner as by a subsequent Act in this present session of the Parliament in Scotland, should be settled ; which Act is thereby declared to be as valid, as if it were a part of, and engrossed in the said treaty : Therefore her Majesty, with the advice and consent of the estates of Par- ENGLAND AND SCOTLAND 455 liament, statutes, enacts and ordains, That the said sixteen peers, who shall have right to sit in the House of Peers in the Parliament of Great Britain, on the part of Scotland, by virtue of this treaty, shall be named by the said peers of Scotland, whom they represent, their heirs or successors to their dignities and honours, out of their own number, and that by open election and plurality of voices of the peers present, and of the proxies for such as shall be absent, the said proxies being peers, and producing a mandate in writ- ing duly signed before witnesses, and both the constituent and proxy being qualified according to law; declaring also. That such peers as are absent, being qualified as aforesaid, may send to all such meetings lists of the peers whom they judge fittest, validly signed by the said absent peers, which shall be reckoned in the same manner as if the parties had been present, and given in the said list; and in case of the death, or legal incapacity of any of the sixteen peers, that the aforesaid peers of Scotland shall nominate another of their own number, in place of the said peer or peers, in manner before and after-mentioned : And that of the said forty-five representatives of Scotland in the House of Commons in the Parliament of Great Britain, thirty shall be chosen by the Shires or Steuartries, and fifteen by the royal borrows, as follows: (The remainder of the Article provides for the methods of election, legal capacities, oaths to be administered to, etc., of those elected to the House of Commons.) XIII. As by the said Act passed in Scotland, for settling the manner of electing the sixteen peers, and forty-five mem- bers, to represent Scotland in the Parliament of Great Britain, may appear; Be it therefore further enacted and declared by the authority aforesaid, That the said last-mentioned Act passed in Scotland for settling the manner of electing the sixteen peers, and forty-five members, to represent Scotland in the Parliament of Great Britain, as aforesaid, shall be, and the same is hereby declared to be as valid as if the same had been part of, and engrossed in the said articles of Union ratified and approved by the said Act of Parliament of Scot- land, and by this Act, as aforesaid. (Evans' Collection of Statutes, ed. Hammond & Granger, Lend., 1836, VIII, 446.) CHAPTER XXVI THE JACOBITE REBELLIONS 195. The Proclamation of James III. (1715) Clarke The first Jacobite Rebellion, which was doomed to end in a complete fiasco, was hardly imposing in its beginnings. The account given by PETER CLARKE of the reading of the Pretender's proclamation at Kendall reads like the description of the re- hearsal of a comedy, rather than a serious uprising. Yet the play turned out to be a tragedy for many, although from the in- ception it was a hopeless undertaking. Sir, On Wednesday the second day of November one thousand seaven hundred and fifteen, the then high sherriff of Cumberland assembled the posse comitatus on Penrith Fell, Viscount Loynsdale being there as commanded of the malitia of Westmoreland, Cumberland, and Northumberland, who were assembled at the place aforesaid for prevention of rebelion and riots. The Lord Bishop of Carlisle and his daughter were there. By the strictest observation the num- bers were twenty-five thousand men, but very few of them had any regular armes. At ii o'clock in the afternoon of the same day the high sherriff and the two lords received a true account that the Earl of Derwentwater, together with his army, were w'ithin 6 miles of Penrith. Vpon receipt of this news the said high sherriff and the said 2 lords, the posse comitatus and the ma- litia fled, leaving most of their armes vpon the said fell. There is no doubt had the men stood their ground the said Earl and his men (as it hath since beene acknowledged by diverse of them) wood have retreated. About 3 aclock in the afternoon of the same day the said Earl, together with his armys in number about one thousand seaven hundred, entred the said towne of Penrith, where they proclaimed their king by the name and title of James the 3d of England and Ire- land, and 8th of Scotland. In this towne they received 456 THE JACOBITE REBELLIONS 457 what excise was due to the crowne and gave receipts for the same. A small party were sent to Lowther Hall to search for Lord Loynsdale, but not finding him there (for he was gone into Yorkshire), they made bold to take provision for them- selves and their horses, such as the Hall aforded. There were only at that time two old woomen in the said Hall who received no bodily damage. But provision being scarce in the said towne, Penrith, they marched betimes next morning for Apleby. The gentlemen paid their quarters of for what they called for in both these townes, but the commonality paid little or nothing, neither was there any person that re- ceived any bodily damage in either of the said townes. If they found any armes they tooke them without paying the owners for them. Only one man joyned them in their march from Penrith to Apleby. In this towne they made the same proclamation as they had done in the former, and received the excise. The weather at this time for some days before was rainey. They marched out of this towne betimes on Saturday morning, being the 5th of November, in order for Kendall. In this days march none joyned them (excepting one, Mr. Francis Thornburrow) son of Mr. William Thorn- burrow of Selfet Hall neare Kendall. His father sent one of his servant men to wait vpon his son because he was in scarlet cloathes, and stile of Captain Thornburrow. About 12 a'clock of the same day 6 quartermasters came into the towne of Kendall, and about 2 aclock in the after- noone Brigadeer Mackintoss and his men came both a horse- back, having both plads on their targets hanging on their backs, either of them a sord by his side, as also either a gun and a case of pistols. The said Brigadeere looked with a grim countenance. He and his men lodged at Alderman Lowrys, a private house in Highgate Street in this towne. About one houre after came in the horsemen, and the foot- men at the latter end. It rained very hard here this day, and had for several days before, so that the horse and the footmen did not draw their swords, nor shew their collours, neither did any drums beat. Onely six highlands bagpipes played. They marched to the cold-stone or the cross, and read the same proclamation twice over in English, and the reader of it spoke very good English without any mixture of Scotish tongue. I had for about one month lived and was clerke to Mr. Craikenthorp, attorney at Law, and as a spec- tator I went to heare the proclamation read, which I believe was in print, and began after this manner, vizt., Whereas 458 SOURCE-BOOK OF ENGLISH HISTORY George Elector of Brunswick has vsurped and taken vpon him the stile of the king of these realms, etc. Another clause in it I tooke particular notice of which was this, vizt., Did imedietly after his said fathers decease become our only and lawful leige. At the end of the proclamation they gave a great shout. A quaker who stood next to me not puting of his hat at the end of the said ceremony, a highlander thurst a halbert at him, but it fortunatly went between me and him, so that it did neither of vs any damage. So they dispersed. (Peter Clarke's Journal, 1715. From Miscellany of the Scottish History Society ed. I, p. 513.) 196. Landing of the Young Pretender (1745) Robert I'orbes The following account is taken from The Lyon in Mourning, a collection of journals, narratives, etc., of the second Jacobite invasion. This collection was made by the Rev. Robert Forbes, M.A., Bishop of Ross and Caithness. He was an ardent sup- porter of the Jacobite cause, and indefatigable in the acquisition of facts pertaining thereto. The original title-page of the manu- script from which the published work was edited, reads as fol- lows: "The Lyon in Mourning; or, A Collection (as made as exactly as the Iniquity of the Times would permit) of Speeches, Letters, Journals, &c., relative to the Affairs, but more particu- larly to the Dangers and Distresses of ... Journal of the Prince's imbarkation and arrival, etc., the greatest part of which was taken from Duncan Cameron at several different conversations I had with him. At Nantes the Prince and his few attendants waited about fifteen days before the Elisabeth ship of war came, which was to be their convoy in the expedition. To cover the design the better, Sir Thomas Sheridan passed for the father, and the Prince for the son, for none knew the Prince to be in company but the seven, some few others, and Mr. Welch (an Irishman, a very rich merchant in Nantes), who was to command the frigate of sixteen guns, on board of which the Prince and the few faithful friends with the servants were to imbark. After the Prince was on board he dispatched letters to his father, and the King of France, and the King of Spain, advising them of his design, and no doubt desiring assist- ance. . . . Two or three hours before landing, an eagle came hover- THE JACOBITE REBELLIONS 459 ing over the frigate, and continued so to do till they were all safe on shore. Before dinner the Duke of Athol had spied the eagle; but (as he told several friends in Scotland) he did not chuse then to take any notice of it, lest they should have called it a Highland freit in him. When he came upon deck after dinner, he saw the eagle still hovering about in the same manner, and following the frigate in her course, and then he could not help remarking it to the Prince and his small retinue, which they looked upon with pleasure. His grace, turning to the Prince said, "Sir, I hope this is an excellent omen, and promises good things to us. The king of birds is come to welcome your royal high- ness upon your arrival in Scotland." When they were near the shore of the Long Isle, Duncan Cameron was set out in the long boat to fetch them a proper pilot. When he landed he accidentally met with Barra's piper, who was his old acquaintance, and brought him on board. The piper piloted them safely into Erisca (about July 21 st), a small island lying between Barra and South Uist. "At this time," said Duncan Cameron, "there was a devil of a minister that happened to be in the island of Barra, who did us a' the mischief that lay in his power. For when he had got any inkling about us, he dispatched away expresses with informations against us. But as the good luck was, he was not well believed, or else we would have been a' tane by the neck." When Duncan spoke these words, "a devil of a minister," he bowed low, and said to me, "Sir, I ask you ten thousand pardons for saying so in your presence. But, good faith, I can assure you, sir (asking your pardon), he was nothing else but the devil of a minister" When they landed in Eriska, they could not find a grain of meal or one inch of bread. But they catched some flounders, which they roasted upon the bare coals in a mean low hut they had gone into near the shore, and Duncan Cameron stood cook. The Prince sat at the cheek of the little ingle, upon a fail sunk, and laughed heartily at Dun- can's cookery, for he himself owned he played his part awkwardly enough. Next day the Prince sent for young Clanranald's uncle (Alexander MacDonald of Boisdale), who lived in South Uist, and discovered himself to him. This gentleman spoke in a very discouraging manner to the Prince, and advised him to return home. To which it is said the Prince replied, 460 SOURCE-BOOK OF ENGLISH HISTORY "I am come home, sir, and I will entertain no notion at all of returning to that place from whence I came; for that I am persuaded my faithful Highlanders will stand by me." Mr. MacDonald told him he was afraid he would find the contrary. . . . The royal standard was set up at Glenfinnan (August 1 9th), the property of Clanranald, at the head of Lochschiel, which marches with Lochiel's ground, and lies about ten miles west from Fort William. The Prince had been a full week before this, viz., from Sunday the nth, at Kinloch- moydart's house, and Lochiel had been raising his men who came up with them just as the standard was setting up. . . . September 4th. In the evening he made his entrance into Perth upon the horse that Major MacDonall had presented him with. . . . September i6th. The Prince and his army were at Gray's Mill upon the Water of Leith, when he sent a summons to the Provost and Town Council of Edinburgh to receive him quietly and peacefully into the city. Two several deputa- tions were sent from Edinburgh to the Prince begging a delay till they should deliberate upon what was fittest to be done. Meantime eight or nine hundred Highlanders under the command of Keppoch, young Lochiel, and O'Sullivan, marched in between the Long Dykes without a hush of noise, under the favour of a dark night, and lurked at the head of the Canongate about the Nether Bow Port till they should find a favourable opportunity for their design, which soon happened. The hackney coach that brought back the second deputation, entred at the West Port, and after setting down the deputies at their proper place upon the street, drove down the street towards the Canongate, and when the Nether Bow Port was made open to let out the coach, the lurking Highlanders rushed in (it being then peep of day) and made themselves masters of the city without any opposition, or the smallest noise. (The Lyon in Mourning, Robert Forbes, edited from his Manuscript by Henry Paten, 3 vols., University Press, Edinburgh, 1895. I, 201.) 197. Escape of Prince Charles at Moy Hall Gib The peril which the Pretender narrowly escaped at Moy Hall on February I7th not 24th. as erroneously dated in Gib's ac- count is a good example of the dangers to which he was con- stantly subjected, and of the devotion of his adherents. Gib's "accompts" are mostly made up of household expenses, with occasional interruptions in the shape of narrative. THE JACOBITE REBELLIONS 461 Copy (exact and faithful) of the Accompts of James Gib, who served the Prince in station of Master-Household and provisor for the Prince's own Table. 24 Monday. At Moy hall. N.B. This is the day in the morning of which Lord Loudon thought to have surprized the Prince, and to have taken him prisoner in his bed at Moy or Moy-hall. Old Lady Macintosh, living in Inverness, and getting notice of Lord Loudon's design, dispatched a boy (Lachlan Macintosh) about fifteen years of age, to try if he could get past Lord Loudon's men, and to make all the haste he could to Moy to warn the Prince of what was intended against him. The boy attempted to pass by Lord Loudon and his command, but found that he could not do it without running the risque of a discovery ; and therefore, as he said, he lay down at a dyke's side, till all Lord Loudon's men passed him, and, tak- ing a different road, came to Moy about five o'clock in the morning. And though the morning was exceedingly cold, the boy was in a top sweat, having made very good use of his time. He said that Lord Loudon and his men (to use his own words) were within five quarters of a mile of Moyhall. Immediately the Prince was awaked, and having but about thirty men for a guard, he marched two miles down the country by the side of a loch, till his men should conveen. There was not the least suspicion entertained of any danger, otherwise there would have been a much stronger guard about the Prince's person ; and there is no doubt to be made but that Lord Loudon had got certain information of the small number of men who were to mount guard upon the Prince that night, which had induced him to try the experi- ment. Lady Macintosh (junior) was in great pain to have the Prince save off from Moy when she heard the alarm. The Prince returned the same night (Monday) to Moy and slept there. Mr. Gib, upon the alarm, having been sleeping in his cloaths, stept out with his pistols under his arm, and in the close he saw the Prince walking with his bonnet above his nightcap, and his shoes down to his heels ; and Lady Macintosh in her smock petticoat running through the close, speaking loudly and expressly her anxiety about the Prince's safety. Mr. Gib went along with the Prince down the side of the Loch, and left several covered waggons and other baggage at Moy, about which Lady Macintosh forbad Mr. 462 SOURCE-BOOK OF ENGLISH HISTORY Gib to be in the least anxious, for that she would do her best to take care of them. And indeed she was as good as her word; for upon the Prince's return to Moy, Mr. Gib found all his things in great safety, the most of them having been carried off by Lady Macintosh's orders into a wood, where they would not readily have been discovered, though Lord Loudon and his men had proceeded to Moy. But they were most providentially stopt in their march, which happened thus. A blacksmith and other four, with loaded muskets in their hands, were keeping watch upon a muir at some dis- tance from Moy towards Inverness. As they were walking up and down, they happened to spy a body of men walking towards them, upon which the blacksmith fired his piece, and the other four followed his example. The Laird of Macleod's piper (reputed the best of his business in all Scotland) was shot dead on the spot. Then the blacksmith (Eraser) and his trustly companions raised a cry (calling some particular regiments by their names) to the Prince's army to advance, as if they had been at hand, which so far imposed upon Lord Loudon and his command (a pretty con- siderable one), and struck them with such a panick, that instantly they beat a retreat, and made their way back to Inverness in great disorder, imagining the Prince's whole army to be at their heels. This gallant and resolute be- haviour of the five, which speaks an uncommon presence of mind, happened much about the same time when the boy (Lauchlan Macintosh) arrived at Moy to give the alarm. (7 he Lyon in Mourning; ed. cit., II, 134.) 198. After Culloden John Fraser The brutalities perpetrated upon the conquered by the victors at Culloden are shown in the account, given by Mr. Fraser, of the execution of prisoners, with its attendant outrages. An account of the Signal Escape of John Fraser taken from the Copy Printed at Edinburgh. John Fraser, Ensign in the Master of Lovat's regiment, was shot through the thigh by a musket bullet at the battle of Culloden, and was taken prisoner, after the battle, at a little distance from the field, and carried to the House of Culloden, where a multitude of other wounded prisoners lay under stronsr guards. There he and the other miserable THE JACOBITE REBELLIONS 463 gentlemen (for most of them were gentlemen), lay with their wounds undressed for two days in great torture. Upon the third day he was carried out of Culloden House, and with other eighteen of his fellow prisoners flung into carts, which they imagined were to carry them to Inverness to be dressed of their wounds. They were soon undeceived. The carts stopt at a park dyke at some distance from the house; there they were dragged out of the carts ; the soldiers who guarded them, under command of three officers, carried the prisoners close to the wall or park dyke, along with they ranged them upon their knees, and bid them prepare for death. The soldiers immediately drew up opposite to them. It is dreadful to proceed ! They levelled their guns ! They fired among them. Mr. Eraser fell with the rest, and did not doubt that he was shot. But as those gentlemen who proceeded thus deliberately in cold blood had their orders to do nothing by halves, a party of them went along and examined the slaughter, and knocked out the brains of such as were not quite dead; and observing signs of life in Mr. Fraser, one of them with the butt of his gun struck him on the face, dashed out one of his eyes, and beat down his nose flat and shattered to his cheek, and left him for dead. The slaughter thus finished the soldiers left the field. In this miserable situation, Lord Boyd riding out that way with his servant, espied some life in Mr. Fraser, who by that time had crawled to a little distance from his dead friends, and calling out to him, asked what he was. Fraser told him he was an officer in the Master of Lovat's corps. Lord Boyd offered him money, saying he had been acquainted with the Master of Lovat, his colonel. Mr. Fraser said he had no use for money, but begged him for God's sake to cause his servant carry him to a certain mill and cott house, where he said he would be concealed and taken care of. This young Lord had the humanity to do so, and in this place Mr. Fraser lay concealed, and by God's providence recovered of his wounds, and is now a living witness of as unparallel'd a story in all its circumstances as can be met with in the history of any age. Mr. Fraser is well known and his veracity attested by all the Inverness people. N.B. Mr. David Chisholm, Presbyterian Minister at Kilmorack in the shire of Inverness, when in Edinburgh at the General Assembly in May 1758, told that said Fraser or Maclver still lives at a place called Wellhouse in said parish 464 SOURCE-BOOK OF ENGLISH HISTORY of Kilmorack, that his name is Alexander and not John, and that he himself (Mr. Chisholm), is a blood relation to said Alexander Eraser's Wife (See f. 1619). Robert Fraser, A.M. (From The Lyon in Mourning, ed. cit., II, p. 26 199. Bond Given by the Young Pretender The Lyon in Mourning The conditions of the bond given by Prince Charles to Hep- burn of Kingstoun were hardly calculated to give it value, save as a curiosity, but it well illustrates the manner in which money was raised for the Stuart cause. The original was preserved by Mr. John Goodwillie, who attested the copy under the name of Benevole a punning translation of his name in Latin. L. S. We, Charles Prince of Wales, etc., Regent of the kingdoms of Scotland, England, France, and Ireland, and the dominions thereunto belonging, Whereas Patrick Hepburn of Kingstoun in the County of Haddington hath advanced to us by the hands of Collonel Lauchlan M'Lauchlan of that Ilk the sum of seven hundred and fourty pounds sterling in numerate money of Britain, we therefore hereby authorise and appoint our treasurer for the time to repay the aforsaid sum of seven hundred and fourty pounds to the said Patrick Hepburn, his heirs and assigneys whomsoever, and that how soon we shall arrive at our Palace of St. James, London, our Royall Father settled upon the throne of our royall an- cestors, and our said kingdoms in peace and tranquillity, under our government. Given at our Palace of Holyrood- house, the seventeenth day of October, 1745. (Signed) Charles P. R. H