A Constitution in the Making

8/17/2019 A Constitution in the Making

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Project Gutenberg's A Constitution in Making (1660-1714), by G ! Perrett

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"it+e A Constitution in Making (1660-1714)

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Transcriber's Note.

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

A notice of other books in the series has been moved to the end of the text.

BELL' EN!L"# #"T$%& $%(E B$$)

General Editors* . E. +inbolt, -.A., and )enneth Bell, -.A.

A CONSTITUTION IN

MAKING

(1660-1714)


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!. B. E%%ETT, -.A. Lond.

E--ANEL ($LLE!E, (A-B%"/!E

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INTRODUCTION

This series of English #istory ource Books is intended for use 3ith any ordinary textbook of

English #istory. Experience has conclusively sho3n that such apparatus is a valuable4nay, an

indispensable4ad5unct to the history lesson. "t is capable of t3o main uses* either by 3ay of

lively illustration at the close of a lesson, or by 3ay of inference6dra3ing, 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, art ".,

by )eatinge and 7ra8er, pp. 9::69;0. #o3ever, 3e have no 3ish to prescribe for the teacher themanner in 3hich he shall exercise his craft, but simply to provide him and his pupils 3ith

materials hitherto not readily accessible for school purposes. The very moderate price of the

books in this series should bring them 3ithin the reach of every secondary school. ource books

enable the pupil to take a more active part than hitherto in the history lesson. #ere is the

apparatus, the ra3 material* its use 3e leave to teacher and taught.

$ur belief is that the books may profitably be used by all grades of historical students bet3een

the standards of fourth6form boys in secondary schools and undergraduates at niversities. +hat

differentiates students at one extreme from those at the other is not so much the kind of sub5ect6

matter dealt 3ith, as the amount they can read into or extract from it.


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contribution letters, biographies, ballads and poems, diaries, debates, and ne3spaper 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, 3here necessary, to the extent of leaving no difficulties

in reading.

+e shall be most grateful to teachers and students 3ho may send us suggestions for

improvement.

S. E. Winb!".

K#nn#"$ %#!!.

TA%&E O' CONTENTS

AGE

In"*+,"in v

1660. D#,!"in %#* !i/#n" i2" 1

1660. T$# R#2""in C!#n*n32 i2" 5

166. T$# A," Uni/i" S""+"#2 "$# R#!/ 11

166. T$# !8+# in &n*n D##32 W92 14

1666. T$# G#" 'i# &n*n #:232 Di

166;. T$# Ti:!# A!!in,# Si W. T#/:!#32 ""#2 7

167-

75.

T$# D#,!"in In*+!8#n,# n*

T#2" A,"


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Source. 4 Parliamentary History. London, 0;0C. Dol. iv., pp. 060;.

(harles %.

(harles, by the grace of !od, )ing of England, cotland, 7rance and "reland, /efender of the

7aith, etc. To all our loving sub5ects, of 3hat degree or Fuality soever, greeting.

"f the general distraction and confusion 3hich is spread over the 3hole kingdom doth not

a3aken all men to a desire and longing that those 3ounds 3hich have so many years together

been kept bleeding, may be bound up, all 3e can say 3ill be to no purposeG ho3ever, after this

long silence, 3e have thought it our duty to declare ho3 much 3e desire to contribute thereuntoG

and that as 3e can never give over the hope, in good time, to obtain the possession of that right

3hich !od and nature hath made our due, so 3e do make it our daily suit to the /ivine

rovidence, that #e 3ill, in compassion to us and our sub5ects after so long misery and

sufferings, remit and put us into a Fuiet and peaceable possession of that our right, 3ith as little

blood and damage to our people as is possibleG nor do 3e desire more to en5oy 3hat is ours, than

that all our sub5ects may en5oy 3hat by la3 is theirs, by a full and entire administration of 5ustice

throughout the land, and by extending our mercy 3here it is 3anted and deserved.

And to the end that the fear of punishment may not


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3e do declare a liberty to tender consciences, and that no man shall be disFuieted or called in

Fuestion for differences of opinion in matter of religion, 3hich do not disturb the peace of the

kingdomG and that 3e shall be ready to consent to such an


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except the !eneral, 3ho seemed to be possessed entirely of the Affection of the Army, and

3hose 7idelity 3as no3 above any -isapprehension, there appeared no -an 3hose o3er and

"nterest could in any /egree shake or endanger the eace and ecurity the )ing 3as inG the

(ongratulations for his %eturn being so universal, from all the (ounties of England , as 3ell as

from the arliament and (ityG from all those 3ho had most signally disserved and disclaimed

him, as 3ell as from those of his o3n arty and those 3ho 3ere descended from them* "nsomuch

as the )ing 3as 3ont merrily to say, as hath been mentioned before, >that it could be no Bodies

7ault but his o3n that #e had stayed so long abroad, 3hen all -ankind 3ished him so heartily at

home.> "t cannot therefore but be concluded by the tanders by, and the pectators of this

3onderful (hange and Exclamation of all /egrees of -en, that there must be some 3onderful

-iscarriages in the tate, or some unheard of /efect of nderstanding in those 3ho 3ere trusted

by the )ing in the Administration of his AffairsG that there could in so short a Time be a ne3

%evolution in the general Affections of the eople, that they gre3 even


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one of the (ouncil received. Besides the 7riendship 3as so entire bet3een the -arFuis of

$rmonde and him, that no Arts that 3ere used could dissolve itG and it 3as enough kno3n, that

as #e had an entire and full (onfidence from the )ing and a greater Esteem than any -an, so

that the (hancellor so entirely communicated all articulars 3ith him, and there 3as not the least

%esolution taken 3ithout his rivity and Approbation. The (hancellor had been employed by the

last )ing in all the Affairs of the greatest Trust and ecrecyG had been made rivy (ounsellor and

(hancellor of the ExcheFuer in the very Beginning of the TroublesG and had been sent by that

)ing into the West 3ith his on, 3hen #e thought their "nterest 3ould be best preserved and

provided for by separating their ersons. A greater Testimony and %ecommendation a ervant

could not receive from his -aster, than the )ing gave of him to the rince, 3ho from that Time

treated him 3ith as much Affection and (onfidence as any -an, and 3hich ?not3ithstanding

very po3erful $pposition #e continued and improved to this Time of his %estorationG and even

then re5ected some "ntimations rather than ropositions 3hich 3ere secretly made to him at the

Hag"e, that the (hancellor 3as a -an very much in the re5udice of the resbyterian arty, as in

Truth #e 3as, and therefore that his -a5esty 3ould do best to leave him behind, till #e should be himself settled in England * +hich the )ing received 3ith that "ndignation and /isdain, and

ans3ered the erson, 3ho privately presumed to give the Advice, in such a manner, that #e 3as

troubled no more 3ith the "mportunity, nor did any -an ever o3n the Advice.

JJJJJ

The first -ortification the )ing met 3ith 3as as soon as #e arrived at %anterb"ry, 3hich 3as

3ithin three #ours after #e landed at #o(er G and 3here #e found many of those 3ho 3ere 5ustly

looked upon, from their o3n ufferings or those of their 7athers, and their constant adhering to

the same rinciples, as of the )ing's arty, 3ho 3ith Ioy 3aited to


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But there 3as another -ortification 3hich immediately succeeded this, that gave him much

more Trouble, and in 3hich #e kne3 not ho3 to comport himself. The !eneral, after #e had

given all necessary $rders to his Troops, and sent a short /ispatch to the arliament of the

)ing's being come to %anterb"ry, and of his urpose to stay there t3o /ays till the next S"nday

3as past, #e came to the )ing in his (hamber, and in a short, secret Audience, and 3ithout any

reamble or Apology, as #e 3as not a -an of a graceful Elocution, #e told him >that #e could

not do him better ervice, than by recommending to him such ersons, 3ho 3ere most grateful

to the eople, and in %espect of their arts and "nterests 3ere best able to serve him.> And

thereupon gave him a large that #e 3ould be al3ays ready to receive his Advice,

and 3illing to gratify him in any Thing he should desire, and 3hich 3ould not be pre5udicial to

his ervice.> The )ing, as soon as #e could, took an $pportunity, 3hen there remained no more

in his (hamber, to inform the (hancellor of the first Assaults #e had encountered as soon as #e

alighted out of his (oach, and after3ards of 3hat the !eneral had said to himG and thereupontook the aper out of his ocket and read it. "t contained the Names of at least threescore and ten

ersons, 3ho 3ere thought fittest to be made rivy (ounsellorsG in the 3hole Number 3hereof,

there 3ere only t3o, 3ho had ever served the )ing or been looked upon as 8ealously affected to

his ervice, the -arFuis of Hertford , and the Earl of So"thampton, 3ho 3ere both of so

universal %eputation and "nterest, and so 3ell kno3n to have the very particular Esteem of the

)ing, that They needed no such %ecommendation.

All the rest 3ere either those (ounsellors 3ho had served the )ing, and deserted him by

adhering to the arliament, or of those 3ho had most eminently disserved him in the Beginning

of the %ebellion, and in the carrying it on 3ith all 7ierceness and Animosity until the ne3 -odel,and dismissing the Earl of Esse)* Then indeed %rom!ell had gro3n terrible to them, and

disposed them to 3ish the )ing 3ere again possessed of his regal o3er, and 3hich They did but

3ish. There 3ere then the Names of the principal ersons of the resbyterian arty, to 3hich the

!eneral 3as thought to be most inclined, at least to satisfy the foolish and unruly "nclinations of

his +ife. There 3ere like3ise the Names of some 3ho 3ere most notorious in all the other

7actionsG and of some 3ho in %espect of their mean Kualities and meaner Kualifications, no

body could imagine ho3 They could come to be named, except that, by the very odd -ixture,

any sober and 3ise %esolutions and (oncurrence might be prevented.


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though for the present both 3ere eFually unkno3n to him. hortly after, 3hen mutual visits had

passed bet3een them, and such rofessions as naturally are made bet3een ersons 3ho 3ere

like to have much to do 3ith each otherG and -r *orrice being in private 3ith him, the

(hancellor told him >ho3 much the )ing 3as surprised 3ith the aper #e had received from the

!eneral, 3hich at least recommended ?and 3hich 3ould have al3ays great Authority 3ith him

some such ersons to his Trust, in 3hom #e could not yet, till They 3ere better kno3n to him,

repose any (onfidence.> And thereupon #e read many of their Names, and said, >that if such

-en 3ere made rivy (ounsellors, it 3ould either be imputed to the )ing's o3n Election, 3hich

3ould cause a very ill -easure to be taken of his -a5esty's Nature and IudgementG or ?3hich

more probably 3ould be the (ase to the "nclination and o3er of the !eneral, 3hich 3ould be

attended 3ith as ill Effects.> -r *orrice seemed much troubled at the Apprehension, and said,

>the aper 3as of his #and3riting, by the !eneral's $rder, 3ho #e 3as assured had no such

"ntentionG but that #e 3ould presently speak 3ith him and return,> 3hich #e did 3ithin less than

an #our, and expressed >the Trouble the !eneral 3as in upon the )ing's very 5ust ExceptionG and

that the Truth 3as, He had been obliged to ha(e m"ch %omm"nication !ith *en of all H"mo"rsand +nclinations, and so had promised to do them good $ffices to the ing, and co"ld not

therefore a(oid


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the !eneral presented the chief $fficers to kiss the )ing's #ands, 3hich !race They seemed to

receive 3ith all #umility and (hearfulness. hortly after, the Lord -ayor of 0ondon, the


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consecrating of bishops, priests, and deaconsG And that ... they should make such additions and

alterations in the said books ... as to them should seem meet and convenient.

+hich things being doneM his -a5esty ... hath fully approved and allo3ed the same, and

recommended to this present arliament, That the said Books of (ommon rayer and of the form

of ordination and consecration of bishops, priests, and deacons, 3ith the alterations ... made, ...

be the book 3hich shall be appointed to be used by all that officiate in all cathedral and

collegiate churches and chapels, and in all chapels of colleges and halls in both the universities,

and the colleges of Eton and +inchester, and in all parish churches and chapels 3ithin the

kingdom of England, dominion of +ales, and to3n of Ber3ick upon T3eed, and by all that make

or consecrate bishops, priests, or deacons.

Be it enacted by the )ing's most excellent -a5esty, by the


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instructing or teaching any youth in any house or private family as a tutor or schoolmaster ...

shall, before the feast of t. Bartholome3 02M subscribe to the declaration follo3ing....

>" nameM do declare that it is not la3ful upon any pretence 3hatsoever to take up arms against

the king, and that " do abhor that traitorous position of taking arms by his authority against his

personG and that " 3ill conform to the liturgy of the (hurch of England, as it is no3 by la3

established. And " do declare that " do hold there lies no obligation, upon me or on any other

person, from the oath commonly called The solemn league and covenant, to endeavour any ...

alteration of government either in church or state, and that the same 3as in itself an unla3ful

oath, and imposed upon the sub5ects of this realm against the kno3n la3s and liberties of this

kingdom.>

TE &AGUE IN &ONDON (166).

By /aniel /e 7oe.

Source. 4Bohn Edition, pp. 0@60, @@6@;.

The city itself began no3 to be visited too, " mean 3ithin the 3allsG but the number of people

there 3ere indeed extremely lessened, by so great a multitude having been gone into the countryG

and even all this month of Iuly, they continued to flee, though not in such multitudes as formerly.

"n August, indeed, they fled in such a manner, that " began to think there 3ould be really none

but magistrates and servants left in the city.

As they fled no3 out of the city, so " should observe, that the court removed early, vi8., in the

month of Iune, and 3ent to $xford, 3here it pleased !od to preserve themG and the distemperdid not, as " heard of, as much as touch themG for 3hich " cannot say that " ever sa3 they sho3ed

any great token of thankfulness, and hardly anything of reformation, though they did not 3ant

being told that their crying vices


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children at the 3indo3s and doors of their houses, 3here their nearest relations 3ere, perhaps

dying, or 5ust dead, 3ere so freFuent to be heard, as 3e passed the streets, that it 3as enough to

pierce the stoutest heart in the 3orld to hear them. Tears and lamentations 3ere seen almost in

every house, especially in the first part of the visitationG for to3ards the latter end, men's hearts

3ere hardened, and death 3as so al3ays before their eyes, that they did not so much concern

themselves for the loss of their friends, expecting that themselves should be summoned the next

hour.

Business led me out sometimes to the other end of the to3n, even 3hen the sickness 3as chiefly

thereG and as the thing 3as ne3 to me, as 3ell as to everybody else, it 3as a most surprising

thing to see those streets, 3hich 3ere usually so thronged, no3 gro3n desolate, and so fe3

people to be seen in them, that if " had been a stranger, and at a loss for my 3ay, " might

sometimes have gone the length of a 3hole


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suburbs, in outh3ark, and in the east part, such as +apping, %atcliff, tepney, %otherhithe, and

the like, the people generally stayed, except here and there a fe3 3ealthy families, 3ho, as

above, did not depend upon their business.

"t must not be forgot here, that the city and suburbs 3ere prodigiously full of people at the time

of this visitation, " mean at the time that it beganG for though " have lived to see a farther

increase, and mighty throngs of people settling in London, more than everG yet 3e had al3ays a

notion that numbers of people, 3hich, the 3ars being over, the armies disbanded, and the royal

family and the monarchy being restored, had flocked to London to settle in business, or to

depend upon, and attend the court for re3ards of services, preferments, and the like, 3as such

that the to3n 3as computed to have in it above a hundred thousand people more than ever it held

beforeG nay, some took upon them to say, it had t3ice as many, because all the ruined families of

the royal party flocked hitherG all the soldiers set up trades here and abundance of families settled

hereG again, the court brought 3ith it a great flux of pride and ne3 fashionsG all people 3ere gay

and luxurious, and the 5oy of the restoration had brought a vast many families to London.

" 3ent all the first part of the time freely about the streets, though not so freely as to run myself

into apparent danger, except 3hen they dug the great pit in the churchyard of our parish of

Aldgate. A terrible pit it 3as, and " could not resist my curiosity to go and see itG as near as " may

5udge, it 3as about forty feet in length, and about fifteen or sixteen feet broadG and, at the time "

first looked at it, about nine feet deepG but it 3as said, they dug it near t3enty feet deep

after3ards, in one part of it, till they could go no deeper for the 3aterG for they had, it seems, dug

several large pits before thisG for, though the plague 3as long a coming to our parish, yet, 3hen it

did come, there 3as no


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church3ardens kne3 the condition of the parish better than they didG for the pit being finished

the @th of eptember, " think they began to bury in it the th, and by the 2Cth, 3hich 3as 5ust t3o

3eeks, they had thro3n into it 0,00@ bodies, 3hen they 3ere obliged to fill it up, the bodies

being then come to lie 3ithin six feet of the surface. " doubt not but there may be some ancient

persons alive in the parish, 3ho can 5ustify the fact of this, and are able to sho3 even in 3hat

place of the churchyard the pit lay better than " canG the mark of it also 3as many years to be

seen in the churchyard on the surface, lying in length, parallel 3ith the passage 3hich goes by

the 3est 3all of the churchyard, out of #oundsditch, and


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#is discourse had shocked my resolution a little, and " stood 3avering for a good 3hile, but, 5ust

at that interval, " sa3 t3o links come over from the end of the -inories, and heard the bellman,

and then appeared a dead6cart, as they called it, coming over the streetsG so " could no longer

resist my desire of seeing it, and 3ent in. There 3as nobody as " could perceive at first, in the

churchyard, or going into it, but the buriers, and the fello3 that drove the cart, or rather led the

horse and cart, but 3hen they came up to the pit, they sa3 a man go to and again, muffled up in a

bro3n cloak, and making motions 3ith his hands, under his cloak, as if he 3as in great agonyG

and the buriers immediately gathered about him, supposing he 3as one of those poor delirious,

or desperate creatures, that used to pretend, as " have said, to bury themselvesG he said nothing as

he 3alked about, but t3o or three times groaned very deeply, and loud, and sighed as he 3ould

break his heart.

+hen the buriers came up to him, they soon found he 3as neither a person infected and

desperate, as " have observed above, or a person distempered in mind, but one oppressed 3ith a

dreadful 3eight of grief indeed, having his 3ife and several of his children, all in the cart, that3as 5ust come in 3ith him, and he follo3ed in an agony and excess of sorro3. #e mourned

heartily, as it 3as easy to see, but 3ith a kind of masculine grief, that could not give itself vent

by tearsG and, calmly desiring the buriers to let him alone, said he 3ould only see the bodies

thro3n in, and go a3ay, so they left importuning himG but no sooner 3as the cart


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3icked as to strip them in the cart, and carry them Fuite naked to the ground* but, as " cannot

credit anything so vile among (hristians, and at a time so filled 3ith terrors, as that 3as, " can

only relate it, and leave it undetermined.

{}

TE GREAT 'IRE O' &ONDON (1666).

Source. 4 Pepys1s #iary ?+heatley's edition, s.. Dol. v., pp. 9126@C9.

September 2, 3444. 4ome of our mayds sitting up late last night to get things ready against our

feast to6day, Iane called us up about three in the morning, to tell us of a great fire they sa3 in the

(ity. o " rose and slipped on my night6go3ne, and 3ent to her 3indo3, and thought it to be on

the backside of -arke6lane at the farthestG but, being unused to such fires as follo3ed, " thought

it to be far enough offG and so 3ent to bed again and to sleep. About seven rose again to dress

myself, and there looked out at the 3indo3, and sa3 the fire not so much as it 3as and furtheroff. o to my closett to set things to rights after yesterday's cleaning. By and by Iane comes and

tells me that she hears that above 9CC houses have been burned do3n to6night by the fire 3e sa3,

and that it is no3 burning do3n all 7ish6street by London Bridge. o " made myself ready

presently, and 3alked to the To3er ...G and there " did see the houses at that end of the bridge all

on fire, and an infinite great fire on this and the other side the end of the bridgeG 3hich, among

other people, did trouble me for poor little -ichell and our arah on the bridge. o do3n, 3ith

my heart full of trouble, to the Lieutenant of the To3er, 3ho tells me it begun this morning in the

)ing's baker's house in udding Lane, and that it hath burned t. -agnus's (hurch and most part

of 7ish6street already. o " do3n to the 3ater6side, and there got a boat and through bridge, and

there sa3 a lamentable fire. oor -ichell's house, as far as the $ld 3an, already burned that3ay, and the fire running further, that in a very little time it got as far as the teele6yard, 3hile "

3as there. Everybody endeavouring to remove their goods, and flinging into the river or bringing

them into lighters that lay offG poor people staying in their houses as long as till the very fire

touched them, and then running into boats, or clambering from one pair of stairs by the 3ater6

side to another.


19/94

called for, and did tell the )ing and the /uke of &ork 3hat " sa3, and that unless his -a5esty did

command houses to be pulled do3n nothing could stop the fire. They seemed much troubled, and

the )ing commanded me to go to my Lord -ayor from him, and command him to spare no

houses, but to pull do3n before the fire every 3ay. The /uke of &ork bid me tell him that if he

3ould have any more soldiers he shallG and so did my Lord Arlington after3ards, as a great

secret. #ere meeting 3ith (aptain (ocke, " in his coach, 3hich he lent me, and (reed 3ith me to

aul's, and there 3alked along +atling6street as 3ell as " could, every creature coming a3ay

loaden 3ith goods to save, and here and there sicke people carried a3ay in beds. Extraordinary

good goods carried in carts or on backs. At last met my Lord -ayor in (anning6street, like a man

spent, 3ith a handkercher about his neck. To the )ing's message he cried, like a fainting 3oman,

>Lord, 3hat can " do " am spent* people 3ill not obey me. " have been pulling do3n housesG but

the fire overtakes us faster than 3e can do it.> That he needed no more soldiersG and that, for

himself, he must go and refresh himself, having been up all the night. o he left me, and " him,

and 3alked


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and good goods s3imming in the 3ater, and only " observed that hardly one lighter or boat in

three that had the goods of a house in, but there 3as a pair of Dirginalls0M in it.

#aving seen as much as " could no3, " a3ay to +hite #all by appointment, and there 3alked to

t. Iames's arke, and there met my 3ife and (reed and +ood and his 3ife and 3alked to my

boatG and there upon the 3ater again, and to the fire up and do3n, it still increasing, and the 3ind

great. o near the fire as 3e could for smokeG and all over the Thames, 3ith one's face in the

3ind, you 3ere almost burned 3ith a sho3er of fire drops. This is very trueG so as houses 3ere

burned by these drops and flakes of fire, three or four, nay, five or six houses, one from another.

+hen 3e could endure no more upon the 3ater, 3e to a little ale6house on the Bankside, over

against the Three (ranes, and there staid till it 3as dark almost, and sa3 the fire gro3G and, as it

gre3 darker, appeared more and more, and in corners and upon steeples, and bet3een churches

and houses, as far as 3e could see up the hill of the (ity, in a most horrid malicious bloody

flame, not like the fine flame of an ordinary fire.... +e staid till, it being darkish, 3e sa3 the fire

as only one entire arch of fire from this to the other side the bridge, and in a bo3 up the hill foran arch of above a mile long* it made me 3eep to see it. The churches, houses, and all on fire and

flaming at onceG and a horrid noise the flames made, and the cracking of houses at their ruine. o

home 3ith a sad heart, and there find every body discoursing and lamenting the fireG and poor

Tom #ater come 3ith some fe3 of his goods saved out of his house, 3hich is burned upon 7ish6

streete #ill. " invited him to lie at my house, and did receive his goods, but 3as deceived in his

lying thereG so as 3e 3ere forced to begin to pack up our o3ne goods, and prepare for their


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Allo3ance and (omputation being made, as 3ell 3ith respect to those hips that carry a greater,

as those that carry a lesser Number of -en* 7ourteen other hips shall carry from forty to sixty

!uns, and one 3ith another, three hundred -en at the least, Allo3ance to be made as beforeG and

none of the rest to carry less than six and thirty !uns, and a hundred and fifty -en. Besides

3hich, they shall assist him 3ith six thousand 7oot oldiers, and four hundred #orse, or shall

pay a um of -oney 3ith due regard to the 5ust Dalue of such an Assistance, either for the 3hole

or part, at the (hoice of the said )ing. All these Aids shall be furnish'd 3ithin six +eeks after

they shall be demandedG and the said )ing shall reimburse the 3hole (harge to said tates 3ithin

three &ears after the (onclusion of the +ar.

II.

That if any rince, tate, or other erson 3hatever, 3ithout Exception, shall under any retext,

invade or attempt to invade the 8nited Pro(inces, or any laces situated 3ithin the Iurisdiction

of the said States General , or garrison'd by their oldiersG or shall exercise any Act of #ostility

by Land or by ea, against the said States General or their ub5ectsG the said )ing shall be

obliged, as by Dirtue of these resents he is obliged, to send forty hips of +ar 3ell furnished

3ith all things necessary, to assist the said States General , to oppose, suppress and repel, all such

"nsults and Acts of #ostility, and to procure due %eparation for any /amages sustained


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from sixty to eighty ieces of (annon, should be valued at the um of eighteen thousand six

hundred and sixty six ounds terling, or of


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though of different opinion and persuasion, shall be exempt from paying his tithes, or other dues

3hatsoever. And further 3e declare that no person shall be capable of holding any benefice,

living, or ecclesiastical dignity or preferment of any kind in this )ingdom of England, 3ho is not

exactly conformable.

+e do in the next place declare our 3ill and pleasure to be that the execution of all and all

manner of penal la3s in matters ecclesiastical, against 3hatsoever sort of nonconformists or

recusants, be immediately suspended, and they are hereby suspended. And all 5udges of assi8e

and gaol6delivery sheriffs, 5ustices of the peace, mayors, bailiffs, and other officers 3hatsoever,

3hether ecclesiastical or civil, are to take notice of it, and pay due obedience thereunto, and that

there may be no pretence for any of our sub5ects to continue their illegal meetings and

conventicles, 3e do declare that 3e shall from time to time allo3 a sufficient number of


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And further 3e crave leave humbly to represent* That 3e have, 3ith all duty and expedition,

taken into our consideration several parts of your &our -a5esty's last speech to us, and 3ithal the

/eclaration therein mentioned, for "ndulgence to /issenters, dated the 7ifteenth of -arch last,

and 3e find ourselves bound in duty to inform &our -a5esty that penal statutes in matters

ecclesiastical cannot be suspended but by Act of arliament.

+e therefore, the ... #ouse of (ommons do most humbly beseech your -a5esty that the said

la3s may have their free course until it shall be other3ise provided for by Act of arliament.

The Test Act (1673).

7or preventing dangers 3hich may happen from popish recusants and Fuieting the minds of his

-a5esty's good sub5ects*4Be it enacted That all and every person or persons, as 3ell peers as

commoners, that shall bear any office or offices military or civil, or shall receive any pay, salary,

fee, or 3ages, by reason of any patent or grant from his -a5esty, or shall have command or place

of trust from or under his -a5esty ... shall ... in public and open court ... take the several $aths of

upremacy and Allegiance ... and shall also receive the acrament of the Lord's upper

according to the usage of the (hurch of England at or before the first day of August in the year of

our Lord one thousand six hundred and seventy6three, in some parish church, upon some ...

unday, immediately after divine service.

And ... all persons ... that ... refuse to take the said oaths and sacrament ... shall be ipso facto

ad5udged ... disabled in la3 to ... en5oy the said office or offices " nameM do

declare that " do believe that there is not any transubstantiation in the sacrament of the Lord's

upper, or in the elements of Bread and +ine, at or after the consecration thereof by any person

3hatsoever.>

CO''EE OUSES (1675).

Source. 4amphlet* he %haracter of a %offee:Ho"se, !ith the Symptoms of a o!n Wit . rinted

in the Harleian *iscellany. Dol. vi., pp. @6@;.

A (offee6#ouse is a lay6conventicle, good6fello3ship turned puritan, ill6husbandry in

masFueradeG 3hither people come after toping all day, to purchase, at the expense of their last

penny, the repute of sober companions* a rota6room, that, like Noah's ark, receives animals of


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every sort, from the precise diminutive band, to the hectoring cravat and cuffs in folioG a nursery

for training up the smaller fry of virtuosi in confident tattling, or a cabal of kittling criticks that

have only learned to spit and me3G a mint of intelligence, that, to make each man his

penny3orth, dra3s out into petty parcels, 3hat the merchant receives in bullion. #e, that comes

often, saves t3o6pence a 3eek in !a8ettes, and has his ne3s and his coffee for the same charge,

as at a three6penny ordinary they give in broth to your chop of muttonG it is an exchange 3here

haberdashers of political small63ares meet, and mutually abuse each other, and the publick, 3ith

bottomless stories, and headless notionsG the rende8vous of idle +ife, s3eep up those loose

corns of tobacco, and see the liFuor boil not over.> #e holds it as part of his creed, that the great

Turk is a very good christian, and of the reformed church, because he drinks coffeeG and s3ears

that ointings, for celebrating its virtues in doggerel, deserves to be poet6laureat* yet is it not

only this hot hell6broth that he sells, for never 3as mountebank furnished 3ith more variety of

poisonous drugs, than he of liFuorsG tea and aromatick for the s3eet6toothed gentleman,

betony9M and rosade@M for the addle6headed customer, back6recruiting chocolate for the

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consumptive gallant, #erefordshire redstreak made of rotten apples at the Three (ranes, true

Bruns3ick mum bre3ed at t. (atharine's, and ale in penny mugs, not so big as a taylor's

thimble.

As you have a hodge6podge of drinks, such too is your companyG for each man seems a leveller,

and ranks and files himself as he lists, 3ithout regard to degrees or orderG so that often you may

see a silly fop and a 3orshipful 5ustice, a griping rook and a grave citi8en, a 3orthy la3yer and

an errant pickpocket, a reverend nonconformist and a canting mountebank, all blended together

to compose an oglioM of impertinence.

"f any pragmatic, to she3 himself 3itty or eloFuent, begin to talk high, presently the further

tables are abandonedG and all the rest flock round, like smaller birds, to admire the gravity of the

madge6ho3let. They listen to him a3hile 3ith their mouths, and let their pipes go out, and coffee

gro3 cold, for pure 8eal of attentionG but, on the sudden, fall all a yelping at once 3ith more

noise, but not half so much harmony, as a pack of beagles on the full cry. To still this ba3ling, up

starts (apt. All6man6sir, the man of mouth, 3ith a face as


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shall go to the East "ndies and come back again in a fortnightG a trick to march under 3ater, and

bore holes through the /utch ships' keels 3ith augres, and sink them, as they ride at anchorG and

a most excellent pursuit to catch sun6beams, for making the ladies ne36fashioned to3ers, that

poets may no more be damned for telling lies about their curls and tresses.

2M (amlet* a stuff originally made of silk and camel's hair, but later made of 3ool and silk.

9M Betony* a plant noted for its medicinal properties.

@M %osade* a drink concocted from roses.

M $glio* a spiced hotch6potch.

M Lembeck* apparatus for distilling.

:M /ouai.

A AR&IAMENTAR E&ECTION KING3S &NN NOR'O&K (1675).

Source. 4 he 0i(es of the &orths. Dol. i., pp. 0006009. Bohn edition.

+hen it 3as made kno3n that his lordship i.e., 7rancis North, 3ho became Lord )eeper of the

!reat ealM intended to stand for burgess, the magistrates intimated that they 3ould serve him

3ith their interestG and other encouragements he had* and before the 3rit came do3n he made the

to3n a visit, and regaled the body 3ith a very handsome treat 3hich cost him above one hundred

poundsG and they complimented him highly 3ith assurances of all their interests, 3hich theydoubted not 3ould be successful against any opposition, but they believed there 3ould be none.

#e 3as made free, and had the thanks of the body for his favourable assistance in procuring them

convoys, etc. o far 3as 3ell* and 3hen the 3rit 3as sent to the heriff of Norfolk, his lordship's

engagements 3ere such that he could not go do3n to the election himself but sent a young

gentleman, his brother, to ride for him ?as they call it, and -r. -atthe3 Iohnson, since clerk of

the arliament, for an economist of 3hich there 3as need enough. The rule they observed 3as to

take but one house and there to allo3 scope for all taps to run. Nor 3as there need of more, for,

as had been foretold, there 3as no opposition, 3hich 3as a disgust to the common people for

they 3anted a competition to make the money flyG and they said #obson's choice 3as no choice.

But all passed 3ell, and the


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This caused his lordship to dispatch his plenipos once more on the like errand to his ma5esty's

ancient borough of Lynn %egis. At first all things seemed fairG but the night before the election

there 3as notice given that ir imon Taylor, a 3ealthy merchant of 3ine in that to3n, stood and

had produced a butt of sherry, 3hich butt of sherry 3as a potent adversary. All that night and

next morning 3ere spent in making dispositions for conduct of the interest and such matters as

belong to a contested election. But the greatest difficulty 3as to put off the numerous suitors for

houses to dra3 drink, of 3hich every one made friends to insinuate in their favour as if the 3hole

interest of the to3n depended upon it. But these gentlemen plenipos determined to take no other

house but 3here they 3ere, to let the Fuill as 3ell as the tap run freely, 3hich made an account of

above three hundred pounds. After the election and poll closed, all the chiefs on both sides met to

vie3 the poll6booksG and ir imon Taylor, being on his o3n kno3ledge of the people's names

satisfied that the election 3as against him, called for the indenture and signed it 3ith the rest.

This 3as an act of generous integrity scarce ever heard of before or since, and is 3hat " have on

all occasions mentioned for his 5ust honour, and it 3ould be strange if " should leave it out here.

And it is material also, for, 3hen his lordship came into the house, being a very good advocateand generally 3ell thought of, the party there styled of the country thought his sitting in the

house might be an accession to the court interest of too much conseFuence to be let pass if it

might be hinderedG No,> said he,

>it cannot be for my adversary signed the return for me.> +ithin an hour or t3o after, at leastt3enty more of the same interest came and saluted him as very 3ell pleased 3ith his companyG

as much as to say, >ince thou art chose, 3ho 3ould not have it so>

;M North's Examen* a reply to )ennett's #istory.

A %OGUS KING3S SEEC>F (167).

Source. 4Airy's %harles ++. . 9C0. ?Longmans !reen Q (o.

April ye 13, 1675.

-y Lords and !entlemen,

" told you at our last meeting that the 3inter 3as the fittest time for business, and in truth "

thought it so till my Lord Treasurer assured me that ye pring is ye fittest time for salads and

subsidies. " hope therefore this April 3ill not prove so unnatural as not to afford plenty of bothG

some of you may perhaps think it dangerous to make me too rich, but do not fear it, " promise

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you faithfully ?3hatever you give " 3ill take care to 3antG and yet in that you may rely on me, "

3ill never break it although in other things my 3ord may be thought a slender authority. -y

Lords and !entlemen, " can bear my o3n straights 3ith patience, but -y Lord Treasurer doth

protest that the revenue as it no3 stands is too little for us bothG one of us must pinch for it, if

you do not help us out. " must speak freely to you, " am under incumbrances.... " have a pretty

good estate, " must


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factions men 3ould haveG but this " am sure of, that none of my predecessors did ever anything

like this to gain the good3ill of their sub5ects. o much for religion.

" must no3 acFuaint you that by my Lord Treasurer's advice " have made a considerable

retrenchment on my expenses in candles and charcoal, and do not intend to stick there, but, 3ith

your help, to look into the like embe8elments of my dripping pans and kitching stuff, of 3hich

?by ye 3ay on my conscience neither my Lord Treasurer nor my Lord Lauderdale are guiltyG but

if you should find them dabbling in that business " tell you plainly " leave them to you, for "

3ould not have the 3orld think " am a man to be cheated.

JJJJJ

-y Lords and !entlemen,

" 3ould have you believe of me as you al3ays found meG and " do solemnly profess that,

3hatever you give me, it shall be managed 3ith the same thrift, conduct, and prudence and

sincerity, that " have ever practised since my happy restoration.

1M %eprinted by kind permission of the publishers.

{45}

A%EAS CORUS ACT (167>).

Source. 4 Stat"tes of the Realm. Dol. v., pp. 19619;.

". +hereas great delays have been used by sheriffs, gaolers, and other officers, to 3hose custody

any of the )ing's sub5ects have been committed for criminal or supposed criminal matters, in

making returns of 3rits of Habeas %orp"s to them directed, by standing out an /lias and Pl"ries

Habeas %orp"s, and sometimes more, and by other shifts to avoid their yielding obedience to

such 3rits, contrary to their duty and the kno3n la3s of the land, 3hereby many of the )ing's

sub5ects have been, and hereafter may be long detained in prison, in such cases 3here by la3

they are bailable, to their great charges and vexation*4

"". 7or the prevention 3hereof, and for the more speedy relief of all persons imprisoned for any

such criminal or supposed criminal matters, Be it enacted by the )ing's most excellent -a5esty, by and 3ith the advice and consent of the lords spiritual and temporal, and commons in this

present arliament assembled, and by the authority thereof, that 3hensoever any person or

persons shall bring any Habeas %orp"s directed unto any sheriff or sheriffs, gaoler, minister, or

other person 3hatsoever, for any person in his or their custody, and the said 3rit shall be served

upon the said officer, or left at the gaol or prison, 3ith any of the officers, ... then the said

officers ... shall 3ithin three days after the service thereof as aforesaid ?unless the commitment

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aforesaid 3ere for treason or felony, plainly or specially expressed in the 3arrant of

commitment upon payment or tender of the charges of bringing the said prisoner, to be

ascertained by the 5udge or court that a3arded the same, and indorsed upon the said 3rit, not

exceeding t3elvepence per mile, and upon security given by his o3n bond to pay the charges of

carrying back the prisoner, if he shall be remanded by the court or 5udge to 3hich he shall be

brought according to the true intent of his present act, and that he 3ill not make any escape by

the 3ay, make return of such 3ritG and bring or


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place 3here the commitment 3as, or 3here the offence 3as committed ... unless it shall appear

to the said Lord (hancellor, or Lord )eeper Qc.M ... that the party is detained upon a legal

process, order, or 3arrant, out of some court that hath 5urisdiction of criminal matters, or by

some 3arrant signed and sealed 3ith the hand and seal of any of the said 5ustices or barons, or

some 5ustices or 5ustices of the peace, for such matters or offences for the 3hich by the la3 the

prisoner is not bailable.

D. And ... if any officer ... shall neglect or refuse ... to bring the body ... of the prisoner according

to the command of the said 3rit, 3ithin the respective times aforesaid, or upon demand made by

the prisoner or person in his behalf, shall refuse to deliver ... a true copy of the 3arrant ... of

commitment ... of such prisoner, ... such person ... shall for the first offence forfeit to the prisoner

... the sum of one hundred pounds, and for the second offence the sum of t3o hundred pounds,

and shall ... be made incapable to hold or execute his said office.

D". And ... no person or persons 3hich shall be delivered or set at large upon any Habeas %orp"s

shall at any time hereafter be again imprisoned or committed for the same offence ... other than

by the legal order and process of such


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chancery or court of excheFuer, as out of the courts of king's bench or common pleas, or either of

themG and if


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appeared that so many years ago the design of converting the nation and rooting out the northern

heresy, as they called it, 3as so near its execution, since in them the /uke's great 8eal 3as often

mentioned 3ith honour and many indecent reflections made on the )ing for his inconstancy and

disposition to be brought to anything for money* and since by them their dependence 3as

expressed to lie in the 7rench )ing's assistance, and his expeditious conclusion of a general

peace, as the only means that could finish their design.

A fe3 days after this, a very extraordinary thing happened, that contributed more and more to

confirm the belief of this evidence. ir Edmund Berry !odfrey 3as an eminent 5ustice of peace

3ho lived near +hitehall. #e had stayed in London and had kept things in order in the time of

the plague, 3hich gained him great reputation and for 3hich he 3as after3ards knighted. A

8ealous rotestant he 3as, and a true lover of the (hurch of England, but had kind thoughts of

the nonconformists, 3as not for3ard to execute the la3s against them, and to avoid doing that,

3as not apt to search for priests or mass6houses, so that fe3 men of the like 8eal lived on better

terms 3ith the apists than he. $ates 3ent to him the day before he appeared at the (ouncil6 board, and declared


36/94

There 3ere great inconsistencies in all this. That one man should not kno3 another that 3as a

principal in a plot 3herein he himself 3as concernedG that one man should have


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+hen (oleman 3as brought to his trial, $ates and Bedloe s3ore flatly against him 3hat 3as

mentioned beforeG and he, to invalidate their evidence, insisted on $ates's not kno3ing him 3hen

they 3ere confrontedG on his being in +ar3ickshire at the same time that $ates s3ore he 3as in

to3nG and on the improbability of his transacting such dangerous matters 3ith t3o such men as

he had never seen before. #is letters to re la (haise 3ere the heaviest part of the evidence, and

to these he did not deny but that he had intentions to bring in the (atholic religion, but only by a

toleration, not by rebellion or blood, and that the aid he had reFuested from 7rance for that

purpose 3as meant only of the advance of some money and the interposition of that (ourt. After

a long trial he 3as found guilty and sentence passed upon him to die as a traitor. #e suffered 3ith

much composedness and devotion, and died much better than he lived, denying 3ith his last

breath every tittle of 3hat the 3itnesses had s3orn against him, though many 3ere sent from

both #ouses, offering to interpose for his pardon if he 3ould confess.

The nation 3as no3 so much alarmed that all people 3ere furnishing themselves 3ith arms, and

a bill passed both


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Evers and !avan, another Iesuit, had pressed him to undertake itG that they had promised to

canonise him for it, and Lord Aston offered him SCC if he 3ould set about it. And one instance

to confirm the truth of 3hat he asserted 3as his speaking in a public company ?as several

testified of !odfrey's death, the Tuesday after he 3as missing, 3hich he s3ore he sa3 in a letter

3ritten by #arcourt to Evers, 3hich letter must have been sent on the very night that !odfrey

3as killed.

At the same time, a particular discovery 3as made of !odfrey's murder. rance, a goldsmith that

3rought for the Kueen's (hapel, 3as sei8ed upon suspicionG and as Bedloe 3as accidentally

going by, kno3ing nothing of the matter, 3as challenged by him to be one of those 3hom he sa3

about !odfrey's body. rance denied everything at first, but made after3ards this confessionG that

!erald and )elly, t3o priests, engaged him and three others in this 3icked deed4!reen, 3ho

belonged to the Kueen's (hapelG #ill, 3ho had served !odden, one of their famous 3ritersG and

Berry, the orter of omerset #ouseG that they had several meetings 3herein the priests

persuaded them that it 3as a meritorious action to dispatch !odfrey, in order to deter others from being so busy against themG that the morning before they killed him #ill 3ent to his house to see

if he 3as yet gone out, and spoke to his maidG that they 3aited his coming out, and dogged him

all day, till he came to a place near t. (lement's, 3here he stayed till nightG that as !odfrey

passed by omerset #ouse 3ater6gate t3o of them pretending to Fuarrel, another ran out to call a

5ustice, and 3ith much importunity prevailed 3ith him to come and pacify themG that as he 3as

coming along !reen got behind him and thre3 a t3isted cravat about his neck, and so pulled him

do3n and strangled himG and that !erald 3ould have run his s3ord through him, but 3as

hindered by the rest lest the blood might discover themG that 3hen the murder 3as done, they

carried the body into !odden's room ?for he 3as in 7rance and #ill had the key


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them an opportunity to say that it 3as not the doctrine of eFuivocation, nor the po3er of

absolution, but merely the force of conviction that made those of their religion do the same.

The Lord (hief Iustice at this time 3as ir +illiam croggs, a man more valued for a good

readiness in speaking 3ell than either learning in his profession or any moral virtue. #is life had

been indecently scandalous, and his fortune very lo3G and it 3as a melancholy thing to see so

bad, so ignorant and so poor a man raised up to that high post. &et no3, seeing ho3 the stream

ran, he 3ent into it 3ith so much 8eal and heartiness that he became the people's favourite and

strove in all trials even 3ith an indecent earnestness to get the prisoners convicted.


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doing. But the other out3itted him like3ise, and proving such practices upon him, had him both

fined and set in the pillory.

00M +.e., his case against Lauderdale.

STA''ORD3S TRIA& (16;0).

Source. 4Evelyn's #iary. Dol. ii., pp. 0;609. Bohn edition.

&o(ember 5;. The signal day begun the trial ?at 3hich " 3as present of my Lord Dicount

tafford, for conspiring the death of the )ingG second son to my Lord Thomas #o3ard Earl of

Arundel and urrey, Earl -arshall of England, and grandfather to the present /uke of Norfolk,

3hom " so 3ell kne3, and from 3hich excellent person " received so many favours. "t 3as

like3ise his birthday. The trial 3as in +estminster6#all, before the )ing, Lords, and (ommonsG

5ust in the same manner as, forty years past, the great and 3ise Earl of trafford ?there being but

one letter differing their names received his trial for pretended ill government in "reland, in thevery same place, this Lord tafford's father being then #igh6te3ard. The place of sitting 3as

no3 exalted some considerable height from the paved floor of the #all, 3ith a stage of boards.

The throne, 3oolpacks for the Iudges, long forms for the eers, chair for the Lord te3ard,

exactly ranged, as in the #ouse of Lords. The sides on both hands scaffolded to the very roof for

the members of the #ouse of (ommons. At the upper end, and on the right side of the )ing's

state, 3as a box for his -a5esty, and on the left, others for the great ladies, and over head a

gallery for ambassadors and public ministers. At the lo3er end, or


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5rd #ecember. The depositions of my Lord's 3itnesses 3ere taken, to invalidate the )ing's

3itnessesG they 3ere very slight persons, but, being fifteen or sixteen, they took up all that day,

and in truth they rather did my Lord in5ury than service.

6th. (ame other 3itnesses of the (ommons to corroborate the )ing's, some being eers, some

(ommons, 3ith others of good Fuality, 3ho took off all the former day's ob5ections, and set the

)ing's 3itnesses recti in %"ri


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7th #ecember. $n Tuesday " 3as again at the trial, 3hen 5udgment 3as demandedG and, after my

Lord had spoken 3hat he could in denying the fact, the managers ans3ering the ob5ections, the

eers ad5ourned to their #ouse, and 3ithin t3o hours returned again. There 3as, in the

meantime, this Fuestion put to the 5udges, >3hether there being but one 3itness to any single

crime, or act, it could amount to convict a man of treason.> They gave an unanimous opinion that

in case of treason they all 3ere overt acts, for though no man should be condemned by one

3itness for any one act, yet for several acts to the same intent it 3as validG 3hich 3as my Lord's

case. This being past, and the eers in their seats again, the Lord (hancellor 7inch ?this day the

Lord #igh6te3ard removing to the 3oolsack next his -a5esty's state, after summoning the

lieutenant of the to3er to bring forth his prisoner, and proclamation made for silence, demanded

of every peer ?3ho 3ere in all eighty6six 3hether +illiam, Lord Discount tafford, 3ere guilty

of the treason laid to his charge, or not guilty.

Then the eer spoken to, standing up, and laying his right hand upon his breast, said !uilty, or

Not !uilty, upon my honour, and then sat do3n, the Lord te3ard noting their suffrages as theyans3ered upon a paper* 3hen all had done, the number of Not guilty being but 90, the !uilty *

and then, after proclamation for silence again, the Lord te3ard directing his speech to the

prisoner, against 3hom the axe 3as turned edge3ays and not before, in aggravation of his


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22nd. A solemn public 7ast that !od 3ould prevent all opish plots, avert his 5udgments, and

give a blessing to the proceedings of parliament no3 assembled, and 3hich struck at the

succession of the /uke of &ork.

2=th. The Discount tafford 3as beheaded on To3er6hill.

{61}

CARACTER O' SA'TES%UR (16;1).

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02M haftesbury.

09M England.

0@M The resident of the Ie3ish 5udicature. haftesbury had been made Lord (hancellor in

0:2.

0M (harles "".

0M The opish lot.

0:M A %oman (atholic.

0;M The English people.

01M -onmouth, 3hom haftesbury proposed as (harles "".'s successor during the Exclusion

controversy ?0:160;0.


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personally noted of that manG and some things of indubitable report concerning him. #is

friendships and conversation lay among the good fello3s and humoristsG and his delights 3ere

accordingly, drinking, laughing, singing, kissing, and all the extravagances of the bottle. #e had

a set of banterers, for the most part, near himG as in old time men kept fools to make them merry.

And these fello3s abusing one another and their betters, 3ere a regale to him. And no friendship

or dearness could be so great in private !o, you are a filthy, lousy, nitty rascalG> 3ith much

more of like elegance. carce a day passed that he did not chide some one or other of the bar

3hen he sat in the (hancery* and it 3as commonly a lecture of a Fuarter of an hour long. And

they used to say, >This is yoursG my turn 3ill be to6morro3.> #e seemed to lay nothing of his

business to heart nor care 3hat he did or left undoneG and spent in the (hancery court 3hat time

he thought fit to spare. -any times on days of causes at his house, the company have 3aited five

hours in a morning, and after eleven, he hath come out inflamed and staring like one distracted.

And that visage he put on 3hen he animadverted on such as he took offence at, 3hich made him

a terror to real offendersG 3hom also he terrified, 3ith his face and voice, as if the thunder of the

day of 5udgement broke over their headsG and nothing ever made men tremble like his vocalinflictions. #e loved to insult and 3as bold 3ithout checkG but that only 3hen his place 3as

uppermost. To give an instance. A city attorney 3as petitioned against for some abuseG and

affidavit 3as made that 3hen he 3as told of my lord chancellor, >-y lord chancellor,> said he, >"

made himG> meaning his being a means to bring +ell,> said the lord chancellor, >then " 3ill lay my maker by the heels.> And

3ith that conceit one of his best old friends 3ent to 5ail. $ne of these intemperances 3as fatal to

him. There 3as a scrivener of +apping brought to hearing for relief against a bummery

bond2CMG the contingency of losing all being sho3ed, the bill 3as going to be dismissed. But

one of the plaintiff's counsel said that he 3as a strange fello3, and sometimes 3ent to church,

sometimes to conventiclesG and none could tell 3hat to make of himG and >it 3as thought he 3as

a trimmer.> At that the chancellor firedG and >A trimmerO> said heG >" have heard much of that

monster, but never sa3 one. (ome forth -r. Trimmer, turn you round and let us see your shape*>

and at that rate talked so long that the poor fello3 3as ready to drop under himG but at last, the

bill 3as dismissed 3ith costs, and he 3ent his 3ay. "n the hall, one of his friends asked him ho3

he came off >(ame off,> said he, >" am escaped from the terrors of that man's face 3hich "

3ould scarce undergo again to save my lifeG and " shall certainly have the frightful impression of

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it as long as " live.> After3ards 3hen the rince of $range came, and all 3as in confusion, this

lord chancellor, being very obnoxious, disguised himself in order to go beyond sea. #e 3as in a

seaman's garb and drinking a pot in a cellar. This scrivener came into the cellar after some of his

clientsG and his eye caught that face 3hich made him startG and the chancellor, seeing himself

eyed, feigned a cough and turned to the 3all 3ith his pot in his hand. But -r. Trimmer 3ent out

and gave notice that he 3as thereG 3hereupon the mob flo3ed in and he 3as in extreme ha8ard of

his lifeG but the lord mayor saved him and lost himself. 7or the chancellor being hurried 3ith

such cro3d and noise before him, and so dismally not only disguised but disorderedG and there

having been an amity bet3ixt them, as also a veneration on the lord mayor's part, he had not

spirits to sustain the shock but fell do3n in a s3oonG and, in not many hours after, died. No,> said he, >"'ll make it light.> But, to conclude 3ith a

strange inconsistency, he 3ould drink and be merry, kiss and slaver, 3ith these bon companions

over night, as the 3ay of such is, and the next day fall upon them ranting and scolding 3ith avirulence insufferable.

2CM A mortgage on a ship.

TE TRIA& O' TE SEBEN %ISOS (16;;).

Source. 4Bishop )ennet's %omplete History, vol. iii., pp. @;@6@;. 0:C edition.

$n Iune 0, came on the Bishop's Tryal, the most "mportant, perhaps, that 3as ever kno3n

before in +estminster6#allG not only even relates (ontending for the %ights of the /nglican

(hurch, but even eers of the %ealm tanding up for the Liberties of England. The (ourt of

)ing's6Bench being at, #is -a5esty's Attorney6!eneral mov'd for a Habeas %orp"s, directed to

ir Ed!ard Hales Lieutenant of the o!er , to bring up #is !race the Lord Arch6Bishop of

%anterb"ry, and the ix BishopsG 3hich 3as granted, and the risoners 3ere accordingly

brought up by +ater. At their Landing, they 3ere receiv'd by several /ivines, and ersons of

Kuality, and by a vast (oncourse of eople, 3ho 3ith repeated acclamations uttered 3ishes for

their /eliverance. $n the Bench sate ir %obert +right, Lord (hief6Iustice, and -r. Iustice

#ollo3ay, t3o of the )ing's (reaturesG -r. Iustice Po!ell a rotestant of great "ntegrity, and -r.

Iustice Allibone a profess'd apist. The (ouncel for the )ing, 3as ir homas Po!is Attorney6

!eneral, ir +illiam +illiams olicitor6!eneral, ir Bartholome! Sho!er %ecorder of 0ondon,er5eant rinder a apist, etc. And for the risoners, ir Robert Sa!yer , -r. 'inch, -r.

Polle)fen, ir George reby, er5eant Pemberton, er5eant 0e(inz , and the last and greatest, -r.

Somers. The (ourt 3as extremely fill'd, and 3ith ersons of the #ighest Kuality, as if they

interpos'd in the last Tryal


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Lords !rey of R"thyn, Paget , Shandois, >a"ghan, and %arberry. The %eturn and +arrant being

read, the Attorney6!eneral mov'd, That the "nformation might be read to the risoners, and that

they might immediately lead to it. This -otion the Bishops' (ouncel opposedG $b5ecting, 7irst,

that the risoners 3ere (ommitted by the Lord (hancellor, and some other of the rivy (ouncil,

3ithout expressing the +arrant, That it 3as by $rder of the rivy6(ouncilG and therefore, That

the (ommitment 3as "llegal, and that the risoners 3ere not Legally in (ourt. And, econdly,

That the 7act for 3hich they 3ere (ommitted 3as such, as they ought not to have been

"mprison'd forG because a eer ought not to be (ommitted, in the first "nstance, for a

-isdemeanor. Iudge Po!el refused to deliver his $pinion, before he had consulted Books* But

the Lord (hief6Iustice, Iudge /llibone and Iudge Hollo!ay Agreed, That the 7act charg'd in the

+arrant, 3as such a -isdemeanor, as 3as a Breach of the eaceG and therefore, That the

"nformation ought to be read, and the Bishops must lead to it. After the reading of the

"nformation, the Bishops' (ouncel desir'd that they might have an "mparlance till the next Term,

to consider 3hat they had to lead. ir amuel /stry, (lerk of the (ro3n, being ask'd 3hat 3as

the (ourse of the (ourt Ans3er'd, that of late &ears, if a -an appear'd upon a %ecogni8ance, or3as a erson in (ustody, he ought to lead at the first "nstanceG but that he had kno3n it to be at

the /iscretion of the (ourt to grant 3hat Line they pleas'd. After this Ans3er, the Lord (hief6

Iustice declar'd, That the Bishops should no3 lead to the "nformation. Thereupon the Lord

Arch6Bishop of %anterb"ry offer'd a lea in behalf of himself and his Brethren the other

/efendants, alledging, hat they !ere Peers of this ingdom of England, and 0ords of

Parliament, and o"ght not to be compell1d ?4@A to /ns!er instantly, for the *isdemeano"r

mentioned in the +nformation b"t that they o"ght to be reC"ir1d to /ppear by d"e Process of

0a! and "pon their /ppearance, to ha(e a %opy of the said +nformation, and reasonable ime

gi(en them to +mparle there"pon. The )ing's (ouncel labour'd hard to have the lea re5ected.

After a long /ebate, Iudge Po!el said, #e 3as for receiving the lea, and (onsidering of itG butthe rest of the Iudges declar'd for %e5ecting of it* o the risoners at last leaded, &ot G"ilty. The

)ing's (ouncel pray'd, the (lerk might 5oin "ssue on behalf of the )ingG and desir'd the

/efendants to take Notice, That they intended to Try this (ause on that /ay 7ortnightG adding

That they 3ere Bailable, if they pleas'd. ir Robert Sa!yer desir'd, that their o3n %ecogni8ance

might be takenG 3hich 3as readily granted.

$n 9"ne 2= the Bishops Appear'd before the (ourt of ing1s Bench, according to their

%ecogni8ance, the Appearance being still greater than a 7ortnight beforeG for there 3ere no3

present the -arFuesses of Halifa), and Worcester , the Earls of Shre!sb"ry, ent , Bedford ,

Pembroke, #orset , B"llenbrooke, *anchester , Ri(ers, Stamford , %arnar(en, %hesterfield ,

Scarsdale, %larendon, #anby, S"sse), Radnor , &ottingham and /bington, Discount 'alconberg ,

and the Lords &e!port , Grey of R"thyn, Paget , Shandois, >a"ghan, %arberry, 0"mley, %arteret

and $ss"lston. This splendid Appearance 3as chiefly o3ing to the indefatigable (are and

olicitation of the (lergy, and especially of the %everend /r. ennison. And indeed, the making

such a 7igure in the (ourt, had possibly some good Effect upon the Iury, if not upon the Bench*

And it 3as after3ards observ'd by 3ay of Iesting upon +ords hat the Bishops !ere #eli(er1d


50/94

by the Nobilee before, and the -obilee behind . The "nformation being %ead, and $pen'd to the

IuryG the Attorney6!eneral, to take off the $dium of this rosecution, and in some measure to

pacify the eople, 3ho could not forbear sho3ing their %esentments, even in the face of the

(ourt, began 3ith $bserving, 7irst, That the Bishops 3ere not rosecuted as Bishops, much less

for any


51/94

no fault, it being the right of every ub5ect to Petition* Therefore, if the Iury 3ere satisfy'd, They

did it 3ith no "ll "ntention, but only to she3 the %easons for their /isobedience to the )ing's

(ommand, he cou'd not think it to be a 0ibel .

-r. Iustice Po!el more plainly declar'd, That #e could discern no edition or any other (rime

fixed upon the Bishops, since there 3as nothing offer'd by the )ing's (ouncel to render the

Petition 7alse, editious or -alicious. #e admonish'd the Iury to (onsider that the (ontents of

the Petition 3ere, That the Bishops Apprehended the #eclaration to be +llegal, as being fo"nded

"pon a /ispensing o3er claim1d by the ing G and that for his art he did not remember in any

(ase in all the La3, that there 3as any such o3er in the )ing, and if not, the Petition could not

be a Libel. #e concluded 3ith telling them, That he could see no /ifference bet3een the )ing's

o3er to #ispense 3ith the La3s Ecclesiastical, and his o3er to /ispense 3ith any La3s

3hatsoever* That if this 3as once allo3'd of, there 3ould be no need of Sir, + am as glad as yo" can be that 0ords the Bishops are /cC"itted b"t ... yo"

might Reoice in yo"r %hamber ... and not here.>

TE INBITATION TO TE RINCE O' ORANGE (16;;).

Source. 4-ackintosh* History of the Re(ol"tion in England, in 34@@. London, 0;9@. Appendix

"""., p. 10. ?%eprinted from -. in British -useum.

+e have great satisfaction to find, by 9, and since, by -ons. Uuylistein, that your #ighness is

so ready and 3illing to give us such assistance as they have related to us. +e


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ourselves, and, therefore, 3e do earnestly 3ish 3e might be so happy as to find a remedy before

it be too late for us to contribute to our o3n deliveranceG but, although these be our 3ishes, yet

3e 3ill by no means put your #ighness into any expectations 3hich may misguide your o3n

councils in this matterG so that the best advice 3e can give is, to inform your #ighness truly both

of the state of things here at this time, and of the difficulties 3hich appear to us. As to the first,

the people are so generally dissatisfied 3ith the present conduct of the government in relation to

their religion, liberties, and properties ?all 3hich have been greatly invadedG and they are in such

expectations of their prospects being daily 3orse, that your #ighness may be assured there are

nineteen parts of t3enty of the people throughout the kingdom 3ho are desirous of a changeG and

3ho, 3e believe, 3ould 3illingly contribute to it, if they had such a protection to countenance

their rising, as 3ould secure them from being destroyed, before they could get to be in a posture

able to defend themselves* it is no less certain, that much the greatest part of the nobility and

gentry are as much dissatisfied, although it be not safe to speak to many of them beforehandG and

there is no doubt but that some of the most considerable of them 3ould venture themselves 3ith

your #ighness at your first landing, 3hose interest 3ould be able to dra3 great numbers to them,3henever they could protect them, and the raising and dra3ing men togetherG and, if such a

strength could be landed as 3ere able to defend itself and them, till they could be got together

into some order, 3e make no Fuestion but that strength 3ould be Fuickly increased to a number

double to the army here, although their army should remain firm to themG 3hereas 3e do, upon

very good grounds, believe, that their army then 3ould be very much divided among themselvesG

many of the officers being so discontented, that they continue in their service only for a

subsistence ?besides that some of their minds are kno3n already* and very many


53/94

represented, 3e 3ho subscribe this 3ill not fail to attend your #ighness upon your landing, and

to do all that lies in our po3er to prepare others to be in as much readiness as such an action is

capable of, 3here there is so much danger in communicating an affair of such a nature, till it be

near the time of its being made public. But, as 3e have already told your #ighness, 3e must also

lay our difficulties before your #ighnessG 3hich are chiefly, that 3e kno3 not 3hat alarum your

preparations for this expedition may give, or


54/94

{7}

TE COMING O' WI&&IAM O' ORANGE (16;;).

Source. 47rom Burnet's History of His $!n imes, pp. 2;6219. Abridged edition, 0;@0.

Torbay 3as thought the best place for the fleet to lie in, and it 3as proposed to land the army as

near as possibleG but 3hen it 3as perceived next morning, that 3e had overrun it, and had

no3here to go no3 but to lymouth, 3here 3e could promise ourselves no favourable reception,

the Admiral began to give up all for lost, till the 3ind abating, and turning to the south, 3ith a

soft and gentle gale carried the 3hole fleet into Torbay in the space of four hours.

The foot immediately 3ent on shore, the horse 3ere next day landed, and the artillery and heavy

baggage sent to Topsham, the seaport of Exeter, 3here the rince intended to stay some time,

both to refresh his men and to give the country an opportunity to declare its affections. +hen the

rince entered Exeter, the Bishop and /ean ran a3ay, the clergy stood off, the magistrates 3erefearful, and it 3as full a 3eek before any gentlemen of the country 5oined him, though they sa3

every day persons of condition coming in to him4among the first of 3hom 3as Lord

(olchester, eldest son to the Earl of %ivers, Lord +harton, Lord Abingdon, and -r. %ussell,

Lord %ussell's brother.

eymour 3as then %ecorder of Exeter. #e 5oined the rince, 3ith several other gentlemen of

Fuality and estate, and gave the good advice of having an association signed by all 3ho come in,

as the only means to prevent desertion, and to secure them entirely to the rince's party.

The heads of the university of $xford sent /r. 7inch, son to the Earl of +inchelsea, then made+arden of All ouls (ollege, to assure the rince that they 3ould declare for him, inviting him at

the same time to come to $xford, and to accept of their plate if he needed it. A sudden turn from

those principles 3hich they carried so high not many years beforeO But all this 3as but a small

accession.

The )ing came do3n to alisbury, and sent his troops


55/94

his army's fidelity to him, since those 3ho attempted to lead their regiments a3ay 3ere forced to

do it by stratagem, 3hich, as soon as they perceived, they deserted their leaders and came back.

But all this 3ould not pacify the )ing's uneasy mind. #is spirits sank, his blood 3as in such a

fermentation that it gushed out of his nose several times a day, and 3ith this hurry of thought and

de5ection of mind all things about him began to put on a gloomy aspect. The spies that he sent

out took his money, but never returned to bring him any informationG so that he kne3 nothing but

3hat common report told him, 3hich magnified the number of his enemies, and made him

believe the rince 3as coming upon him before he had moved from Exeter. The city of London,

he heard, 3as unFuietG the Earls of /evonshire and /anby and Lord Lumley 3ere dra3ing great

bodies of men in &orkshireG the Lord /elamere had a regiment in (heshireG &ork and Ne3castle

had declared for the rinceG and the bulk of the nation did so evidently discover their inclinations

for him, that the )ing sa3 he had nothing to trust to but his armyG and the army, he began to fear,

3as not to be relied on. "n conclusion, 3hen he heard that Lord (hurchill and the /uke of

!rafton ?3ho 3as one of


56/94

+hen the )ing sa3 himself thus forsaken, not only by those 3hom he had trusted and favoured

most, but even by his that he desired a arliament might be presently called, and no

one continued in any employment 3ho 3ould not Fualify himself according to la3G that the

To3er of London might be put in the keeping of the (ity, and the fleet and all strong places in

the hands of rotestantsG that the armies on both sides might not, 3hile the arliament 3as

sitting, come 3ithin t3enty miles of LondonG that a proportion of the revenue might be set apart

for the payment of the rince's army, and himself allo3ed to come to London 3ith the samenumber of guards that the )ing had.>

These 3ere the rince's demands, 3hich, 3hen the )ing read, he o3ned more moderate than he

expectedG but before they came to his hands he had engaged himself in other resolutions. The

priests and all violent apists, 3ho sa3 that a treaty 3ith the rince 3ould not only ruin their

3hole design, but expose them as a mark and sacrifice to the malice of their enemies, persuaded

the Kueen that she 3ould certainly be impeached, that 3itnesses 3ould be set up against her and

her son, and that nothing but violence could be expected. +ith these suggestions they 3rought

upon her fear so far, that she not only resolved to go to 7rance herself, and take the child 3ith

her, but prevailed 3ith the )ing like3ise to follo3 her in a fe3 days. The Kueen 3ent do3n toortsmouth, and from thence in a man6of63ar 3ent over


57/94

thought the forfeiture of his right, and the expiration of his reignG and 3ith this notion " no3

proceed to relate 3hat passed in the "nterregnum ?though under the same title still until the

throne, 3hich 3as then left vacant, came to be filled.

+hen it 3as noised about to3n that the )ing 3as gone, the apprentices and rabble, supposing

the priests had persuaded him to it, broke out again 3ith fresh fury upon all suspected houses,

and did much havoc in many places. They met 3ith Ieffreys as he 3as making his escape in

disguise, and he being kno3n by some of them, 3as insulted 3ith all the scorn and rudeness that

malice could invent, and after some hour's tossing about, 3as carried to the Lord -ayor to be

committed to the To3er, 3hich Lord Lucas had no3 sei8ed, and in it declared for the rince.


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commanded the army against him, and 3as no3 come 3ithout a passport, it 3as thought

advisable to put him in arrest. The tender point 3as ho3 to dispose of the )ing's personG and

3hen some proposed rougher methods, such as keeping him in prison or sending him to Breda, at

least until the nation 3as settled, the rince 3ould not consent to itG for he 3as for no violence or

compulsion upon him, though he held it necessary for their mutual Fuiet and safety that he

should remove from London.

+hen this 3as resolved on, the Lords #alifax, hre3sbury and /elamere 3ere appointed to go

and order the English guards to be dra3n off, and sent into country Fuarters, 3hile (ount olms

3ith the /utch 3as to come and take all the posts about (ourt. The thing 3as executed 3ithout

resistance, but not 3ithout murmuring, and it 3as near midnight before all 3as settled, 3hen the

lords sent notice to the )ing that they had a message to deliver to him. They told him >the

necessity of affairs reFuired that the rince should come presently to London, and they thought it

3ould conduce both to the safety of the )ing's person and the Fuiet of the (ity to have him retire

to some house out of to3n, and they named #amG adding that he should be attended 3ith aguard, but only to secure his person, and not give him any disturbance.> +hen the lords had

delivered their message they 3ithdre3G but the )ing sent immediately after them to kno3 if the

rince 3ould permit him to go to %ochester. "t 3as soon seen that the intent of this 3as to

for3ard his escape, and therefore the rince 3illingly consented to itG and as the )ing next day

3ent out of to3n, the rince came through the park privately to t. Iames's 3hich disgusted


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reverently in the devotionG 3hereupon, being asked ho3 they could serve in an expedition that

3as intended to destroy their o3n religion, one of them ans3ered briskly that his soul 3as !od's,

but his s3ord 3as the rince of $range's. The )ing continued there a 3eek, and many 3ho 3ere

8ealous for his interest 3ent to him, and desired him to stay and see the result. But 3hile he 3as

distracted bet3een his o3n inclinations and his friends' importunities, a letter came from


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. By causing several good sub5ects, being rotestants, to be disarmed, at the same time 3hen

apists 3ere both armed and employed contrary to la3.

:. By violating the freedom of election of members to serve in arliament.

;. By prosecutions in the (ourt of )ing's Bench, for matters and causes cogni8able only inarliamentG and by diverse other arbitrary and illegal courses.

1. And 3hereas of late years, partial, corrupt, and unFualified persons have been returned and

served on 5uries in trials, and particularly diverse 5urors in trials for high treason, 3hich 3ere not

freeholders.

0C. And excessive bail hath been reFuired of persons committed in criminal cases, to elude the

benefit of the la3s made for the liberty of the sub5ects.

00. And excessive fines have been imposedG and illegal and cruel punishments inflicted.

02. And several grants and promises made of fines and forfeitures, before any conviction or

5udgment ag

A Constitution in the Making

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Transcript of A Constitution in the Making