NOTES:

001 (return)
[ Note A, p. 1. The council consisted of the prince of Denmark, the archbishop of Canterbury, the duke of Norfolk, the marquises of Halifax and Winchester, the earls of Danby, Lindsey, Devonshire, Dorset, Middlesex, Oxford, Shrewsbury, Bedford, Bath, Macclesfield, and Nottingham; the viscounts Fauconberg, Mordaunt, Newport, Lumley; the lords Wharton, Montague, Delamere, Churchill; Mr. Bentinck, Mr. Sidney, sir Robert Howard, sir Henry Capel, Mr. Powle, Mr. Russel, Mr. Hambden, and Mr. Boseawen.]

002 (return)
[ Note B, p. 2. This expedient was attended with an insurmountable absurdity. If the majority of the convention could not grant a legal sanction to the establishment they had made, they could never invest the prince of Orange with a just right to ascend the throne; for they could not give what they had no right to bestow; and if he ascended the throne without a just title, he could have no right to sanctify that assembly to which he owed his elevation. When the people are obliged, by tyranny or other accidents, to have recourse to the first principles of society, namely, their own preservation, in electing a new sovereign, it will deserve consideration, whether that choice is to be effected by the majority of a parliament which has been dissolved, indeed by any parliament whatsoever, or by the body of the nation assembled in communities, corporations, by tribes or centuries, to signify their assent or dissent with respect to the person proposed as their sovereign. This kind of election might be attended with great inconvenience and difficulty, but these cannot possibly be avoided when the constitution is dissolved by setting aside the lineal succession to the throne. The constitution of England is founded on a parliament consisting of kings, lords, and commons; but when there is no longer a king, the parliament is defective, and the constitution impaired: the members of the lower house are the representatives of the people, expressly chosen to maintain the constitution in church and state, and sworn to support the rights of the crown, as well as the liberties of the nation; but though they are elected to maintain, they have no power to alter, the constitution. When the king forfeits the allegiance of his subjects, and it becomes necessary to dethrone him, the power of so doing cannot possibly reside in the representatives who are chosen, under certain limitations, for the purposes of a legislature which no longer exists; their power is of course at an end, and they are reduced to a level with other individuals that constitute the community. The right of altering the constitution, therefore, or of deviating from the established practice of inheritance in regard to the succession of the crown, is inherent in the body of the people; and every individual has an equal right to his share in the general determination, whether his opinion be signified viva voce, or by a representative whom he appoints and instructs for that purpose. It may be suggested, that the prince of Orange was raised to the throne without any convulsion, or any such difficulties and inconveniencies as we have affirmed to be the necessary consequences of a measure of that nature. To this remark we answer, that, since the Revolution, these kingdoms have been divided and harassed by violent and implacable factions, that eagerly seek the destruction of each other: that they have been exposed to plots, conspiracies, insurrections, civil wars, and successive rebellions, which have not been defeated and quelled without vast effusion of blood, infinite mischief, calamity, and expense to the nation: that they are still subjected to all those alarms and dangers which are engendered by a disputed title to the throne, and the efforts of an artful pretenders that they are necessarily wedded to the affairs of the continent, and their interest sacrificed to foreign connexions, from which they can never be disengaged. Perhaps all these calamities might have been prevented by the interposition of the prince of Orange. King James, without forfeiting the crown, might have been laid under such restrictions that it would not have been in his power to tyrannize over his subjects, either in spirituals or temporals. The power of the militia might have been vested in the two houses of parliament, as well as the nomination of persons to fill the great offices of the church and state, and superintend the economy of the administration in the application of the public money; a law might have passed for annual parliaments, and the king might have been deprived of his power to convoke, adjourn, prorogue, and dissolve them at his pleasure. Had these measures been taken, the king must have been absolutely disabled from employing either force or corruption in the prosecution of arbitrary designs, and the people must have been fairly represented in a rotation of parliaments, whose power and influence would have been but of one year’s duration.]

003 (return)
[ Note C, p. 3. The new form of the coronation-oath consisted in the following questions and answers:—“Will you solemnly promise and swear to govern the people of this kingdom of England, and the dominions thereto belonging, according to the statutes in parliament agreed on, and the laws and customs of the same?”—“I solemnly promise so to do.”

“Will you, to the utmost of your power, cause law and justice in mercy to be executed in all your judgments?” “I will.” “Will You, to the utmost of your power, maintain the laws of God, the true profession of the Gospel, and the Protestant reformed religion as by law established; and will you preserve unto the bishops and clergy of this realm, and to the churches committed to their charge, all such rights and privileges as by law do or shall appertain unto them or any of them?”—“All this I promise to do.”

Then the king or queen, laying his or her hand upon the Gospels, shall say, “The things which I have here before promised, I will perform and keep. So help me God.”]

008 (return)
[ Note D, p. 8. The lords of the articles, by the gradual usurpation of the crown, actually constituted a grievance intolerable in a free nation. The king empowered the commissioner to choose eight bishops, whom he authorized to nominate eight noblemen: these together choose eight barons and eight burgesses; and this whole number, in conjunction with the officers of state as supernumeraries, constituted the lords of the articles. This committee possessed the sole exclusive right and liberty of bringing in motions, making overtures for redressing wrongs, and proposing means and expedients for the relief and benefit of the subjects.—Proceedings of the Scots Parliament vindicated.]

010 (return)
[ Note E, p. 10. James in this expedition was attended by the duke of Berwick, and by his brother Mr. Fitzjames, grand prior, the duke of Powis, the earls of Dover, Melfort, Abercorn, and Seaforth; the lords Henry and Thomas Howard, the lords Drummond, Dungan, Trendrauglit, Buchan, Hunsdon, and Brittas; the bishops of Chester and Galway; the late lord chief justice Herbert; the marquis d’Estrades, M. de Rosene, mareschal decamp; Mamoe, Pusignan, and Lori, lieutenant-general; Prontee, engineer-general; the marquis d’Albeville, sir John Sparrow, sir Roger Strictland, sir William Jennings, sir Henry Bond, sir Charles Carney, sir Edward Vaudrey, sir Charles Murray, sir Robert Parker, sir Alphonso Maiolo, sir Samuel Foxon, and sir William Wallis; by the colonels Porter, Sarsfield, Anthony and John Hamilton, Simon and Henry Luttrel, Ramsay, Dorrington, Sutherland, Clifford, Parker, Parcel, Cannon, and Fielding, with about two-and-twenty other officers of inferior rank.]

016 (return)
[ F, p. 16. The franchises were privileges of asylum, annexed not only to the ambassadors at Rome, but even to the whole district in which any ambassador chanced to live. This privilege was become a terrible nuisance, inasmuch as it afforded protection to the most atrocious criminals, who filled the city with rapine and murder. Innocent XI. resolving to remove this evil, published a bull, abolishing the franchises; and almost all the catholic powers of Europe acquiesced in what he had done, upon being duly informed of the grievance. Louis XIV. however, from a spirit of pride and insolence, refused to part with anything that looked like a prerogative of his crown. He said the king of France was not the imitator, but a pattern and example for other princes. He rejected with disdain the mild representations of the pope; he sent the marquis de Lavarden as his ambassador to Rome, with a formidable train, to insult Innocent even in his own city. That nobleman swaggered through the streets of Rome like a bravo, taking all opportunities to affront the pope, who excommunicated him in revenge. On the other hand, the parliament of Paris appealed from the pope’s bull to a future council. Louis caused the pope’s nuncio to be put under arrest, took possession of Avignon, which belonged to the see of Rome, and set the holy father at defiance.]

021 (return)
[G, p. 21. The following persons were exempted from the benefit of this act:—William, marquis of Powis; Theophilus, earl of Huntingdon; Robert, earl of Sunderland; John, earl of Melfort; Roger, earl of Castlemain; Nathaniel, lord bishop of Durham; Thomas, lord bishop of Saint David’s; Henry, lord Dover; lord Thomas Howard; sir-Edward Hales, sir Francis Withers, sir Edward Lutwych, sir Thomas Jenner, sir Nicholas Butler, sir William Herbert, sir Richard Holloway, sir Richard Heath, sir Roger l’Estrange William Molineux, Thomas Tynde-sly, colonel Townley, colonel Lundy, Robert Brent, Edward Morgan, Philip Burton, Richard Graham, Edward Petre, Obadiah Walker, Matthew Crone, and George lord Jeffries, deceased.]

035 (return)
[ H, p. 35. In the course of this session, Dr. Welwood, a Scottish physician, was taken into custody, and reprimanded at the bar of the house of commons, for having reflected upon that house in a weekly paper, entitled Mercurius Reformatus; but, as it was written in defence of the government, the king appointed him one of his physicians in ordinary. At this period, Charles Montague, afterwards earl of Halifax, distinguished himself in the house of commons by his fine talents and eloquence. The privy seal was committed to the earl of Pembroke; lord viscount Sidney was created lord-lieutenant of Ireland; sir John Somers appointed attorney-general; and the see of Lincoln, vacant by the death of Barlow, conferred upon Dr. Thomas Tennison, who had been recommended to the king as a divine remarkable for his piety and moderation.]

046 (return)
[ I, p. 46. The other laws made in this session were those that follow:—An act for preventing suits against such as had acted for their majesties’ service in defense of this kingdom. An act for raising the militia in the year 1693. An act for authorizing the judges to empower such persons, other than common attorneys and solicitors, as they should think fit, to take special bail, except in London, Westminster, and ten miles round. An act to encourage the apprehending of highwaymen. An act for preventing clandestine marriages. An act for the regaining, encouraging, and settling the Greenland trade. An act to prevent malicious informations in the court of King’s Bench, and for the more easy reversal of outlawries in that court. An Act for the better discovery of judgments in the courts of law. An Act for delivering declarations to prisoners for debt. An act for regulating proceedings in the Crown Office. An act for the more easy discovery and conviction of such as should destroy the game of this kingdom, And an act for continuing the acts for prohibiting all trade and commerce with France, and for the encouragement of privateers.]

053 (return)
[ K, p. 53. Besides the bills already mentioned, the parliament in this session passed an act for taking and stating the public accounts—another to encourage ship-building—a third for the better disciplining the navy—the usual militia act—and an act enabling his majesty to make grants and leases in the duchy of Cornwall. One was also passed for renewing a clause in an old statute, limiting the number of justices of the peace in the principality of Wales. The duke of Norfolk brought an action in the court of King’s Bench against Mr. Germaine, for criminal conversation with his duchess. The cause was tried, and the jury brought in their verdict for one hundred marks, and costs of suit, in favour of the plaintiff.

Before the king embarked, he gratified a good number of his friends with promotions. Lord Charles Butler, brother to the duke of Ormond, was created lord Butler, of Weston in England, and earl of Arran in Ireland. The earl of Shrewsbury was honoured with the title of duke. The earl of Mulgrave, being reconciled to the court measures, was gratified with a pension of three thousand pounds, and the title of marquis of Normanby. Henry Herbert was ennobled by the title of baron Herbert, of Cherbury. The earls of Bedford, Devonshire, and Clare, were promoted to the rank of dukes. The marquis of Caermarthen was made duke of Leeds; lord viscount Sidney, created earl of Romney; and viscount Newport, earl of Bedford. Russel was advanced to the head of the admiralty board. Sir George Rooke and sir John Houblon were appointed joint-commissioners in the room of Killegrew and Délavai. Charles Montague was made chancellor of the exchequer; and sir William Trumbal and John Smith commisioners of the treasury, in the room of sir Edward Seymour and Mr. Hambden.]

056 (return)
[ L, p. 56. Her obsequies were performed with great magnificence. The body was attended from Whitehall to Westminster Abbey by all the judges, sergeants at law, the lord-mayor and aldermen of the city of London, and both houses of parliament; and the funeral sermon was preached by Dr. Tennison, archbishop of Canterbury. Dr. Kenn, the deprived bishop of Bath and Wells, reproached him in a letter, for not having called upon her majesty on her death-bed to repent of the share she had in the Revolution. This was answered by another pamphlet. One of the Jacobite clergy insulted the queen’s memory, by preaching on the following text: “Go now, see this cursed woman, and bury her, for she is a king’s daughter.” On the other hand, the lord-mayor, aldermen, and common council of London came to a resolution to erect her statue, with that of the king, in the Royal Exchange.]

058 (return)
[ M, p. 58. In the course of this session, the lords inquired into the particulars of the Mediterranean expedition, and presented an address to the king, declaring, that the fleet in those seas had conduced to the honour and advantage of the nation. On the other hand, the commons, in an address, besought his majesty to take care that the kingdom might be put on an equal footing and proportion with the allies, in defraying the expense of the war.

The coin of the kingdom being greatly diminished and adulterated, the earls of Rochester and Nottingham expatiated upon this national evil in the house of lords: an act was passed, containing severe penalties against clippers; but this produced no good effect. The value of money sunk in the exchange to such a degree, that a guinea was reckoned adequate to thirty shillings; and this public disgrace lowered the credit of the funds and of the government. The nation was alarmed by the circulation of fictitious wealth, instead of gold and silver, such as bank bills, exchequer tallies, and government securities. The malcontents took this opportunity to exclaim against the bank, and even attempted to shake the credit of it in parliament; but their endeavours proved abortive—the monied interest preponderated in both houses.]

059 (return)
[ N, p. 58. The regency was composed of the archbishop of Canterbury; Somers, lord-keeper of the great seal; the earl of Pembroke, lord-privy-seal; the duke of Devonshire, lord-steward of the household; the duke of Shrewsbury, secretary of state; the earl of Dorset, lord-chamberlain; and the lord Godolphin, first commissioner of the treasury. Sir John Trenchard dying, his place of secretary was filled by sir William Trumbal, an eminent civilian, learned, diligent, and virtuous, who had been envoy at Paris and Constantinople. William Nassau de Zulycrstein, son of the king’s natural uncle, was created baron of Enfield, viscount Tunbridge, and earl of Rochibrd. Ford, lord Grey of Werke, was made viscount Glendale, and earl of Tankerville. The month of April of this year was distinguished by the death of the famous George Saville, marquis of Halifax, who had survived, in a good measure, his talents and reputation.]

067 (return)
[ Note 0, p. 67. The commons resolved, That a fund, redeemable by parliament, be settled in a national land bank, to be raised by new subscriptions; That no person be concerned in both banks at the same time; That the duties upon coals, culm, and tonnage of ships be taken off, from the seventeenth day of March; That the sum of two millions five hundred and sixty-four thousand pounds be raised on this perpetual fund, redeemable by parliament; That the new bank should be restrained from lending money but upon land securities, or to the government in the exchequer; That for making up the fund of interest for the capital stock, certain duties upon glass wares, stone and earthen bottles, granted before to the king for a term of years, be continued to his majesty, his heirs, and successors; That a further duty be laid upon stone and earthen ware, and another upon tobacco-pipes. This bank was to lend out five hundred thousand pounds a-year upon land securities, at three pounds ten shillings per cent, per annum, and to cease and determine, unless the subscription should be full, by the first day of August next ensuing.

The most remarkable laws enacted in this session were these:—An act for voiding all the elections of parliament men, at which the elected had been at any expense in meat, drink, or money, to procure votes.

Another against unlawful and double returns. A third, for the more easy recovery of small tithes. A fourth, to prevent marriages without license or banns. A fifth, for enabling the inhabitants of Wales to dispose of all their personal estates as they should think fit: this law was in bar of a custom that had prevailed in that country—the widows and younger children claimed a share of the effects, called their reasonable part, although the effects had been otherwise disposed of by will or deed. The parliament likewise passed an act for preventing the exportation of wool, and encouraging the importation thereof from Ireland. An act for encouraging the linen manufactures of Ireland. An act for regulating juries. An act for encouraging the Greenland trade. An act of indulgence to the quakers, that their solemn affirmation should be accepted instead of an oath. And an act for continuing certain other acts that were near expiring. Another bill passed for the better regulating elections for members of parliament; but the royal assent was denied. The question was put in the house of commons, That whosoever advised his majesty not to give his assent to that bill was an enemy to his country; but it was rejected by a great majority.]