Part 47

X. And that every King and Queen of this realm, who at any time hereafter shall come to and 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 thirteenth 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 or Queen, upon his or 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 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 Majesties, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, and by the authority of the same, declared, enacted, or established accordingly.

XII. And be it further declared and enacted by the authority 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 dispensation 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.

ENGLAND: A. D. 1689-1696. The war of the League of Augsburg, or the Grand Alliance against Louis XIV. (called in American history "King William's War ").

See FRANCE: A. D. 1689-1690; 1689-1691; 1692; 1693 (JULY); 1694; 1695-1696.

Also, CANADA: A. D. 1689-1690; 1692-1697; and NEWFOUNDLAND: A. D. 1694--1697.

ENGLAND: A. D. 1690 (JUNE). The Battle of Beachy Head. The great peril of the kingdom.

"In June, 1690, whilst William was in Ireland, the French sent a fleet, under Tourville, to threaten England. He left Brest and entered the British Channel. Herbert (then Earl of Torrington) commanded the English fleet lying in the Downs, and sailed to Saint Helens, where he was joined by the Dutch fleet under Evertsen. On the 26th of June the English and French fleets were close to each other, and an important engagement was expected, when unexpectedly Torrington abandoned the Isle of Wight and retreated towards the Straits of Dover. ... The Queen and her Council, receiving this intelligence, sent to Torrington peremptory orders to fight. Torrington received these orders on the 29th June. Next day he bore down on the French fleet in order of battle. He had less than 60 ships of the line, whilst the French had 80. He placed the Dutch in the van, and during the whole fight rendered them little or no assistance. He gave the signal to engage, which was immediately obeyed by Evertsen, who fought with the most splendid courage, but at length, being unsupported, his second in command and many other officers of high rank having fallen, and his ships being fearfully shattered, Evertsen was obliged to draw off his contingent from the unequal battle. Torrington destroyed some of these injured ships, took the remainder in tow, and sailed along the coast of Kent for the Thames. When in that river he pulled up all the buoys to prevent pursuit. ... Upon his return to London he was sent to the Tower, and in December was tried at Sheerness by court-martial, and on the third day was acquitted; but William refused to see him, and ordered him to be dismissed from the navy."

_W. H. Torriano, William the Third, chapter 24._

"There has scarcely ever been so sad a day in London as that on which the news of the Battle of Beachy Head arrived. The shame was insupportable; the peril was imminent. ... At any moment London might be appalled by news that 20,000 French veterans were in Kent. It was notorious that, in every part of the kingdom, the Jacobites had been, during some months, making preparations for a rising. All the regular troops who could be assembled for the defence of the island did not amount to more than 10,000 men. It may be doubted whether our country has ever passed through a more alarming crisis than that of the first week of July 1690."

_Lord Macaulay, History of England, chapter 15 (volume 3)._

ALSO IN: _J. Campbell, Naval History of Great Britain, chapter 18 (volume 2)._

ENGLAND: A. D. 1690-1691. Defeat of James and the Jacobites in Ireland.

See IRELAND: A. D. 1689-1691.

ENGLAND: A. D. 1692. The new charter to Massachusetts as a royal province.

See MASSACHUSETTS: A. D. 1689-1692.

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ENGLAND: A. D. 1692. Attempted invasion from France. Battle of La Hogue.

"The diversion in Ireland having failed, Louis wished to make an effort to attack England without and within. James II., who had turned to so little advantage the first aid granted by the King of France saw therefore in preparation a much more powerful assistance, and obtained what had been refused him after the days of the Boyne and Beachy-Head,--an army to invade England. News received from that country explained this change in the conduct of Louis. The opinion of James at Versailles was no better than in the past; but England was believed to be on the eve of counter-revolution, which it would be sufficient to aid with a vigorous and sudden blow. ... Many eminent personages, among the Whigs as well as among the Tories, among others the Duke of Marlborough (Churchill), had opened a secret correspondence with the royal exile at Saint-Germain. James had secret adherents in the English fleet which he had so long commanded before reigning, and believed himself able to count on Rear-Admiral Carter, and even on Admiral Russell. Louis gave himself up to excessive confidence in the result of these plots, and arranged his plan of naval operations accordingly. An army of 30,000 men, with 500 transports, was assembled on the coast of Normandy, the greater part at La Hogue and Cherbourg, the rest at Havre: this was composed of all the Irish troops, a number of Anglo-Scotch refugees, and a corps of French troops. Marshal de Bellefonds commanded under King James. Tourville was to set ut from Brest in the middle of April with fifty ships of the line, enter the Channel, attack the English fleet before it could be reinforced by the Dutch, and thus secure the invasion. Express orders were sent to him to engage the enemy 'whatever might be his numbers.' It was believed that half of the English fleet would go over to the side of the allies of its king. The landing effected, Tourville was to return to Brest, to rally there the squadron of Toulon, sixteen vessels strong, and the rest of our large ships, then to hold the Channel during the whole campaign. They had reckoned without the elements, which, hitherto hostile to the enemies of France, this time turned against her." The French fleets were detained by contrary winds and by incomplete preparations. Tourville was not reinforced, as he expected to be, by the squadrons of Toulon and Rochefort. Before he found it possible to sail from Brest, the Jacobite plot had been discovered in England, the government was on its guard, and the Dutch and English fleets had made their junction. Still, the French admiral was under orders which left him no discretion, and he went out to seek the enemy. "May 29, at daybreak, between the Capes of La Hogue and Barfleur, Tourville found himself in presence of the allied fleet, the most powerful that had ever appeared on the sea. He had been joined by seven ships from the squadron of Rochefort, and numbered 44 vessels against 99, 78 of which carried over 50 guns, and, for the most part, were much larger than a majority of the French. The English had 63 ships and [4,540] guns; the Dutch, 36 ships and 2,614 guns; in all, 7,154 guns; the French counted only 3,114. The allied fleet numbered nearly 42,000 men; the French fleet less than 20,000." Notwithstanding this great inferiority of numbers and strength, it was the French fleet which made the attack, bearing down under full sail "on the immense mass of the enemy." The attempt was almost hopeless; and yet, when night fell, after a day of tremendous battle, Tourville had not yet lost a ship; but his line of battle had been broken, and no chance of success remained. "May 30, at break of day, Tourville rallied around him 35 vessels. The other nine had strayed, five towards La Hogue, four towards the English coast, whence they regained Brest. If there had been a naval port at La Hogue or at Cherbourg, as Colbert and Vauban had desired, the French fleet would have preserved its laurels! There was no place of retreat on all that coast. The fleet of the enemy advanced in full force. It was impossible to renew the prodigious effort of the day before." In this emergency, Tourville made a daring attempt to escape with his fleet through the dangerous channel called the Race of Alderney, which separates the Channel Islands from the Normandy coast. Twenty-two vessels made the passage safely and found a place of refuge at St. Malo; thirteen were too late for the tide and failed. Most of these were destroyed, during the next few days, by the English and Dutch at Cherbourg and in the bay of La Hogue,--in the presence and under the guns of King James' army of invasion. "James II. had reason to say that 'his unlucky star' everywhere shed a malign influence around him; but this influence was only that of his blindness and incapacity. Such was that disaster of La Hogue, which has left among us such a fatal renown, and the name of which resounds in our history like another Agincourt or Cressy. Historians have gone so far as to ascribe to this the destruction of the French navy. ... La Hogue was only a reprisal for Beachy-Head. The French did not lose in it a vessel more than the allies had lost two years before, and the 15 vessels destroyed were soon replaced."

_H. Martin, History of France: Age of Louis XIV: (translated by M. L. Booth), volume 2, chapter 2.'_

ALSO IN: _Lord Macaulay, History of England, chapter 18 (volume 4)._

_L. von Ranke, History of England, 17th Century, book 20, chapter 4 (volume 5)._

_Sir J. Dalrymple, Memoirs of Great Britain and Ireland, part 2, book 7 (volume 3)._

ENGLAND: A. D. 1695. Expiration of censorship law. Appearance of first newspapers.

See PRINTING AND THE PRESS: A. D. 1695.

ENGLAND: A. D. 1696-1749. Measures of commercial and industrial restriction in the American colonies.

See UNITED STATES OF AMERICA: A. D. 1696-1749.

ENGLAND: A. D. 1697. The Peace of Ryswick. Recognition of William III. by France.

See FRANCE: A. D. 1697.

ENGLAND: A. D. 1698. The founding of Calcutta.

See INDIA: A. D. 1600-1702.

ENGLAND: A. D. 1698-1700. The question of the Spanish Succession. The Treaties of Partition. The Spanish king's will.

See SPAIN: A. D. 1698-1700.

ENGLAND: A. D. 1701. The Act of Settlement. The source of the sovereignty of the House of Hanover or Brunswick.

"William and Mary had no children; and in 1700 the young Duke of Gloucester, the only child of Anne that lived beyond infancy, died. There was now no hope of there being anyone to inherit the crown by the Bill of Rights after the death of William and of Anne. In 1701, therefore, Parliament settled the crown on the Electress Sophia of Hanover, and her heirs. Sophia was one of the children of that Elizabeth, daughter of James I., who in 1613 had married the Palsgrave Frederick. She was chosen to come after William and Anne because she was the nearest to the Stuart line who was a Protestant. The law that did this is called the Act of Settlement; it gives Queen Victoria her title to the throne. Parliament in passing it tried to make the nation's liberties still safer. It was now made impossible (1) for any foreigner to sit in Parliament or to hold an office under the Crown; (2). for the king to go to war in defence of countries that did not belong to England, unless Parliament gave him leave; or (3) to pardon anyone so that the Commons might not be able to impeach him."

_J. Rowley, The Settlement of the Constitution, book 1, chapter 5._

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"Though the choice was truly free in the hands of parliament, and no pretext of absolute right could be advanced on any side, there was no question that the princess Sophia was the fittest object of the nation's preference. She was indeed very far removed from any hereditary title. Besides the pretended prince of Wales, and his sister, whose legitimacy no one disputed, there stood in her way the duchess of Savoy, daughter of Henrietta duchess of Orleans, and several of the Palatine family. These last had abjured the reformed faith, of which their ancestors had been the strenuous assertors; but it seemed not improbable that some one might return to it. ... According to the tenor and intention of the act of settlement, all prior claims of inheritance, save that of the issue of king William and the princess Anne, being set aside and annulled, the princess Sophia became the source of a new royal line. The throne of England and Ireland, by virtue of the paramount will of parliament, stands entailed upon the heirs of her body, being protestants. In them the right is as truly hereditary as it ever was in the Plantagenets or the Tudors. But they derive it not from those ancient families. The blood indeed of Cerdic and of the Conqueror flows in the veins of his present majesty [George IV.]. Our Edwards and Henries illustrate the almost unrivalled splendour and antiquity of the house of Brunswic. But they have transmitted no more right to the allegiance of England than Boniface of Este or Henry the Lion. That rests wholly on the act of settlement, and resolves itself into the sovereignty of the legislature.

_H. Hallam, Constitutional History of England, chapter 15 (volume 3)._

ALSO IN: _Sir A. Halliday, Annals of the House of Hanover, book 10 (volume 2)._

See, also, ENGLAND: A. D. 1714.

ENGLAND: A. D. 1701-1702. The rousing of the nation to war with France.

When Louis XIV. procured and accepted for his grandson the bequest of the Spanish crown, throwing over the Partition Treaty, "William had the intolerable chagrin of discovering not only that he had been befooled, but that his English subjects had no sympathy with him or animosity against the royal swindler who had tricked him. 'The blindness of the people here,' he writes sadly to the Pensionary Heinsius, 'is incredible. For though the affair is not public, yet it was no sooner said that the King of Spain's will was in favour of the Duke of Anjou, that it was the general opinion that it was better for England that France should accept the will than fulfil the Treaty of Partition.' ... William dreaded the idea of a Bourbon reigning at Madrid, but he saw no very grave objection, as the two treaties showed, to Naples and Sicily passing into French hands. With his English subjects the exact converse was the case. They strongly deprecated the assignment of the Mediterranean possessions of the Spaniard to the Dauphin; but they were undisturbed by the sight of the Duke of Anjou seating himself on the Spanish throne. ... But just as, under a discharge from an electric battery, two repugnant chemical compounds will sometimes rush into sudden combination, so at this juncture the King and the nation were instantaneously united by the shock of a gross affront. The hand that liberated the uniting fluid was that of the Christian king. On the 16th of September 1701 James II. breathed his last at St. Germains, and, obedient to one of those impulses, half-chivalrous, half-arrogant, which so often determined his policy, Louis XIV. declared his recognition of the Prince of Wales as de jure King of England. No more timely and effective assistance to the policy of its de facto king could possibly have been rendered. Its effect upon English public opinion was instantaneous; and when William returned from Holland on the 4th of November, he found the country in the temper in which he could most have wished it to be." Dissolving the Parliament in which his plans had long been factiously opposed, he summoned a new one, which met on the last day of the year 1701. "Opposition in Parliament--in the country it was already inaudible--was completely silenced. The two Houses sent up addresses assuring the King of their firm resolve to defend the succession against the pretended Prince of Wales and all other pretenders whatsoever. ... Nor did the goodwill of Parliament expend itself in words. The Commons accepted without a word of protest the four treaties constituting the new Grand Alliance. ... The votes of supply were passed unanimously." But scarcely had the nation and the King arrived at this agreement with one another than the latter was snatched from his labors. On the 21st of February, 1702, William received an injury, through the stumbling of his horse, which his frail and diseased body could not bear. His death would not have been long delayed in any event, but it was hastened by this accident, and occurred on the 8th of March following. He was succeeded by Anne, the sister of his deceased queen, Mary, and second daughter of the deposed Stuart king, James II.

_H. D. Traill, William the Third, chapters 14-15._

ALSO IN: _L. von Ranke, History of England, 17th Century, book 21, chapters 7-10 (volume 5)._

See, also, SPAIN: A. D. 1701-1702.

ENGLAND: A. D. 1702. Accession of Queen Anne.

ENGLAND: A. D. 1702. Union of rival East India Companies.

See INDIA: A. D. 1600-1702.

ENGLAND: A. D. 1702. The War of the Spanish Succession. Failure at Cadiz. The treasure ships in Vigo Bay. Marlborough's first campaigns.

See SPAIN: A. D. 1702; and NETHERLANDS: A. D. 1702-1704.

ENGLAND: A. D. 1702-1711. The War of the Spanish Succession in America (called "Queen Anne's War").

See NEW ENGLAND: A. D. 1702-1710; CANADA: A. D. 1711-1713.

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ENGLAND: A. D. 1702-1714. The Age of Anne in literature.