Part 1

Transcriber's Note.

Apparent typographical errors have been corrected. The use of hyphens has been rationalised.

Notices of other books in the series have been moved to the end of the text.

Small capitals have been replaced by full capitals, italics are indicated by _underscores_, and bold font is indicated by +plus signs+.

Two superscripts are indicated by carets, as "2^ndly" and "1001^12".

BELL'S ENGLISH HISTORY SOURCE BOOKS

_General Editors_: S. E. WINBOLT, M.A., and KENNETH BELL, M.A.

A CONSTITUTION IN MAKING

(1660-1714)

COMPILED BY G. B. PERRETT, M.A. LOND. EMMANUEL COLLEGE, CAMBRIDGE

LONDON G. BELL AND SONS, LTD. 1912

INTRODUCTION

THIS series of English History Source Books is intended for use with any ordinary textbook of English History. Experience has conclusively shown that such apparatus is a valuable--nay, an indispensable--adjunct to the history lesson. It is capable of two main uses: either by way of lively illustration at the close of a lesson, or by way of inference-drawing, before the textbook is read, at the beginning of the lesson. The kind of problems and exercises that may be based on the documents are legion, and are admirably illustrated in a _History of England for Schools_, Part I., by Keatinge and Frazer, pp. 377-381. However, we have no wish to prescribe for the teacher the manner in which he shall exercise his craft, but simply to provide him and his pupils with materials hitherto not readily accessible for school purposes. The very moderate price of the books in this series should bring them within the reach of every secondary school. Source books enable the pupil to take a more active part than hitherto in the history lesson. Here is the apparatus, the raw material: its use we leave to teacher and taught.

Our belief is that the books may profitably be used by all grades of historical students between the standards of fourth-form boys in secondary schools and undergraduates at Universities. What differentiates students at one extreme from those at the other is not so much the kind of subject-matter dealt with, as the amount they can read into or extract from it.

In regard to choice of subject-matter, while trying to satisfy the natural demand for certain "stock" documents of vital importance, we hope to introduce much fresh and novel matter. It is our intention that the majority of the extracts should be lively in style--that is, personal, or descriptive, or rhetorical, or even strongly partisan--and should not so much profess to give the truth as supply data for inference. We aim at the greatest possible variety, and lay under contribution letters, biographies, ballads and poems, diaries, debates, and newspaper accounts. Economics, London, municipal, and social life generally, and local history, are represented in these pages.

The order of the extracts is strictly chronological, each being numbered, titled, and dated, and its authority given. The text is modernised, where necessary, to the extent of leaving no difficulties in reading.

We shall be most grateful to teachers and students who may send us suggestions for improvement.

S. E. WINBOLT. KENNETH BELL.

TABLE OF CONTENTS

PAGE

INTRODUCTION v

1660. DECLARATION OF BREDA _Parliamentary History_ 1

1660. THE RESTORATION _Clarendon's "History"_ 3

1662. THE ACT OF UNIFORMITY _Statutes of the Realm_ 11

1665. THE PLAGUE IN LONDON _Defoe's "Works"_ 14

1666. THE GREAT FIRE OF LONDON _Pepys's "Diary"_ 22

1668. THE TRIPLE ALLIANCE _Sir W. Temple's "Letters"_ 27

1672-73. THE DECLARATION OF INDULGENCE _Journals of the House of AND TEST ACT Commons_ 30

1673. COFFEE HOUSES _Harleian Miscellany_ 34

1673. A PARLIAMENTARY ELECTION "_Lives of the Norths_" 38

1675. A BOGUS "KING'S SPEECH" "_Contemporary Satire_" 40

1679. HABEAS CORPUS ACT _Statutes of the Realm_ 43

1678-81. THE POPISH TERROR _Burnet's "Own Times"_ 47

1680. STAFFORD'S TRIAL _Evelyn's "Diary"_ 56

1681. CHARACTER OF SHAFTESBURY _Dryden's "Absalom and Achitophel"_ 61 JUDGE JEFFREYS--A CHARACTER SKETCH "_Lives of the Norths_" 63

1688. TRIAL OF THE SEVEN BISHOPS _Kennet's "Complete History"_ 66

1688. THE INVITATION TO THE PRINCE OF ORANGE _British Museum MS._ 71

1688. THE COMING OF THE PRINCE OF ORANGE _Burnet's "Own Times"_ 75

1689. THE BILL OF RIGHTS _Statutes of the Realm_ 83

1691. CORRESPONDENCE RELATING TO "_Letters of Bonwicke NON-JURORS and Blechynden_" 90

1692. PACIFICATION OF THE HIGHLANDS _Domestic State Papers_ 93

1696. THE TREASONS ACT _Statutes of the Realm_ 95

1699. THE COLONIAL POST _Treasury Papers_ 97

1701. ACT OF SETTLEMENT _Statutes of the Realm_ 99

1704. MARLBOROUGH ON BLENHEIM "_Marlborough's Letters_" 100

1707. ACT OF UNION OF ENGLAND AND SCOTLAND _Statutes of the Realm_ 102

1710. IMPEACHMENT OF DR. SACHEVERELL _Parliamentary History_ 105

1712. MARLBOROUGH'S REPLY TO PECULATION CHARGE "_Acton Library Pamphlets_" 108

1712. TORIES AND THE WAR _Swift's "Conduct of the Allies"_ 112

THE VICAR OF BRAY _Old Song_ 119

A CONSTITUTION IN MAKING 1660-1714

DECLARATION OF BREDA (1660).

+Source.+--_Parliamentary History._ London, 1810. Vol. iv., pp. 16-18.

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 possession 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 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 purchases 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 determined in Parliament, which can best provide for the 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 in 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.

THE RESTORATION (1660).

+Source.+--Clarendon's _History of the Great Rebellion_. Folio Edition, 1759. Vol. iv., pp. 1-8.

The easy and glorious Reception of the King, in the Manner that hath been mentioned, without any other Conditions than what had been frankly offered by himself in his Declaration and letters from _Breda_; the Parliament's casting themselves in a Body at his Feet, in the Minute of his Arrival at _Whitehall_, with all the Professions of Duty and Submission imaginable; and no other Man having Authority there, but They who had either eminently served the late King, or who were since grown up out of their Nonage from such Fathers, and had throughly manifested their past Fidelity to his present Majesty; the rest who had been enough criminal, shewing more Animosity towards the severe Punishment of those, who having more Power in the late Times had exceeded them in Mischief, than care for their own Indemnity: This Temper sufficiently evident, and the universal Joy of the People, which was equally visible, for the total Suppression of all those who had so many Years exercised Tyranny over them, made most Men believe both abroad and at home, that God had not only restored the King miraculously to his Throne, but that He had, as He did in the Time of _Hezekiah, prepared the People, for the Thing was done suddenly_, (2 Chron. xxix. 36) in such a Manner that his Authority and Greatness would have been more illustrious, than it had been in any of his Ancestors. And it is most true, and must never be denied, that the People were admirably disposed and prepared to pay all the Subjection, Duty and Obedience, that a just and prudent King could expect from them, and had a very sharp Aversion and Detestation of all those who had formerly misled and corrupted them; so that, except the General, who seemed to be possessed entirely of the Affection of the Army, and whose Fidelity was now above any Misapprehension, there appeared no Man whose Power and Interest could in any Degree shake or endanger the Peace and Security the King was in; the Congratulations for his Return being so universal, from all the Counties of _England_, as well as from the Parliament and City; from all those who had most signally disserved and disclaimed him, as well as from those of his own Party and those who were descended from them: Insomuch as the King was wont merrily to say, as hath been mentioned before, "that it could be no Bodies Fault but his own that He had stayed so long abroad, when all Mankind wished him so heartily at home." It cannot therefore but be concluded by the Standers by, and the Spectators of this wonderful Change and Exclamation of all Degrees of Men, that there must be some wonderful Miscarriages in the State, or some unheard of Defect of Understanding in those who were trusted by the King in the Administration of his Affairs; that there could in so short a Time be a new Revolution in the general Affections of the People, that they grew even weary of that Happiness They were possessed of and had so much valued, and fell into the same Discontents and Murmuring which had naturally accompanied them in the worst Times.

* * * * *

The King brought with him from beyond the Seas that Council which had always attended him, and whose Advice He had always received in his Transactions of greatest Importance; and his small Family, that consisted of Gentlemen who had for the most Part been put about him by his Father, and constantly waited upon his Person in all his Distress, with as much Submission and Patience undergoing their Part in it, as could reasonably be expected from such a People; and therefore had the keener Appetites, and the stronger Presumption to push on their Fortunes (as They called it) in the Infancy of their Master's Restoration, that other Men might not be preferred before them, who had not _borne the Heat of the Day_, as They had done.

Of the Council were the Chancellor, the Marquis of _Ormond_, the Lord _Colepepper_, and Secretary _Nicholas_, who lived in great Unity and Concurrence in the Communication of the most secret Counsels. There had been more of his Council abroad with him, who, according to the Motions He made and the Places He had resided in, were some Times with him, but other remained in _France_, or in some Parts of _Holland_ and _Flanders_, for their Convenience, ready to repair to his Majesty when They should be called. The four nominated above were They who constantly attended, were privy to all Counsels, and waited upon him in his Return.

The Chancellor was the highest in Place, and thought to be so in Trust, because He was most in private with the King, had managed most of the secret Correspondence in England and all Dispatches of Importance had passed through his Hands; which had hitherto been with the less Envy, because the indefatigable Pains he took were very visible, and it was as visible that He gained Nothing by it. His Wants and Necessities were as great as any Man's, nor was the Allowance assigned to him by the King in the least Degree more, or better paid, than every one of the Council received. Besides the Friendship was so entire between the Marquis of _Ormonde_ and him, that no Arts that were used could dissolve it; and it was enough known, that as He had an entire and full Confidence from the King and a greater Esteem than any Man, so that the Chancellor so entirely communicated all Particulars with him, and there was not the least Resolution taken without his Privity and Approbation. The Chancellor had been employed by the last King in all the Affairs of the greatest Trust and Secrecy; had been made Privy Counsellor and Chancellor of the Exchequer in the very Beginning of the Troubles; and had been sent by that King into the _West_ with his Son, when He thought their Interest would be best preserved and provided for by separating their Persons. A greater Testimony and Recommendation a Servant could not receive from his Master, than the King gave of him to the Prince, who from that Time treated him with as much Affection and Confidence as any Man, and which (notwithstanding very powerful Opposition) He continued and improved to this Time of his Restoration; and even then rejected some Intimations rather than Propositions which were secretly made to him at the _Hague_, that the Chancellor was a Man very much in the Prejudice of the Presbyterian Party, as in Truth He was, and therefore that his Majesty would do best to leave him behind, till He should be himself settled in _England_: Which the King received with that Indignation and Disdain, and answered the Person, who privately presumed to give the Advice, in such a manner, that He was troubled no more with the Importunity, nor did any Man ever own the Advice.

* * * * *

The first Mortification the King met with was as soon as He arrived at _Canterbury_, which was within three Hours after He landed at _Dover_; and where He found many of those who were justly looked upon, from their own Sufferings or those of their Fathers, and their constant adhering to the same Principles, as of the King's Party, who with Joy waited to kiss His Hand, and were received by him with those open Arms and flowing Expressions of Grace, calling all those by their Names who were known to him, that They easily assured themselves of the Accomplishment of all their Desires from such a Generous Prince. And some of them, that They might not lose the first Opportunity, forced him to give them present Audience, in which They reckoned up the insupportable Losses undergone by themselves or their Fathers, and some services of their own; and thereupon demanded the present Grant or Promise of such or such an Office. Some, for the real small Value of one though of the first _Classis_ pressed for two or three with such Confidence and Importunity, and with such tedious Discourses, that the King was extremely nauseated with their Suits, though his Modesty knew not how to break from them; that He no sooner got into his Chamber, which for some Hours He was not able to do, than He lamented the Condition to which He found He must be subject: And did in Truth from that Minute contract such a prejudice against the Persons of some of those, though of the greatest Quality, for the Indecency and Incongruity of their Pretences, that He never afterwards received their Addresses with his usual Grace or Patience, and rarely granted any Thing They desired, though the Matter was more reasonable, and the Manner of asking much more modest.

But there was another Mortification which immediately succeeded this, that gave him much more Trouble, and in which He knew not how to comport himself. The General, after He had given all necessary Orders to his Troops, and sent a short Dispatch to the Parliament of the King's being come to _Canterbury_, and of his Purpose to stay there two Days till the next _Sunday_ was past, He came to the King in his Chamber, and in a short, secret Audience, and without any Preamble or Apology, as He was not a Man of a graceful Elocution, He told him "that He could not do him better Service, than by recommending to him such Persons, who were most grateful to the People, and in Respect of their Parts and Interests were best able to serve him." And thereupon gave him a large Paper full of Names, which the King in Disorder enough received, and without reading put it into his Pocket that He might not enter into any particular Debate upon the Persons, and told him "that He would be always ready to receive his Advice, and willing to gratify him in any Thing he should desire, and which would not be prejudicial to his Service." The King, as soon as He could, took an Opportunity, when there remained no more in his Chamber, to inform the Chancellor of the first Assaults He had encountered as soon as He alighted out of his Coach, and afterwards of what the General had said to him; and thereupon took the Paper out of his Pocket and read it. It contained the Names of at least threescore and ten Persons, who were thought fittest to be made Privy Counsellors; in the whole Number whereof, there were only two, who had ever served the King or been looked upon as zealously affected to his Service, the Marquis of _Hertford_, and the Earl of _Southampton_, who were both of so universal Reputation and Interest, and so well known to have the very particular Esteem of the King, that They needed no such Recommendation.

All the rest were either those Counsellors who had served the King, and deserted him by adhering to the Parliament, or of those who had most eminently disserved him in the Beginning of the Rebellion, and in the carrying it on with all Fierceness and Animosity until the new Model, and dismissing the Earl of _Essex_: Then indeed _Cromwell_ had grown terrible to them, and disposed them to wish the King were again possessed of his regal Power, and which They did but wish. There were then the Names of the principal Persons of the Presbyterian Party, to which the General was thought to be most inclined, at least to satisfy the foolish and unruly Inclinations of his Wife. There were likewise the Names of some who were most notorious in all the other Factions; and of some who in Respect of their mean Qualities and meaner Qualifications, no body could imagine how They could come to be named, except that, by the very odd Mixture, any sober and wise Resolutions and Concurrence might be prevented.