LECTURE V.

FROM THE REVOLUTION TO THE END OF THE REIGN OF QUEEN ANNE

(1688 TO 1714).

THIRD EPOCH.- -SCOTTISH-THIRD PERIOD.

271. Outline of this lecture.—The period with which I have this evening to deal lasted only thirty-six years. But what great events fall to be considered. First, The political, civil, and religious rights of all British subjects had to be defined and protected. Second, The estates of parliament had to settle the succession of the crown upon a new series of heirs. Third, All Roman Catholics were excluded from the succession to the imperial crown of Great Britain. Fourth, A full and complete Union was effected between the legislature and government of the two separate and independent kingdoms of Scotland and England. Lastly, The laws and institutions of our own country underwent considerable alterations and improvements. These subjects, for their complete explication, would require much more time than we, at present, can bestow upon them.

272. The settlement of the crown.-As James VII. left the palace of Whitehall, his son-in-law William Prince of Orange entered it. The Prince was asked by the leading men of England to undertake the temporary management of public affairs, and convoke the parliaments of England and Scotland. He complied with this request; and the lords and commons of England, having declared that the throne of England had been abdicated by James VII., conferred the English crown on William and Mary for their joint lives and the survivor of them, and on the heirs of Mary the daughter of James VII., and failing her heirs, on her sister the Princess Anne and her heirs, and failing Anne and her heirs, the heirs of William. William,

during his life, was to exercise the royal authority by himself alone. These arrangements were first made by a Convention of the English Estates, and afterwards incorporated into a statute.

A settlement of the Scottish throne was made precisely in the same terms as the English. But there is a remarkable difference between the views entertained in the Scottish and English parliaments as to the legal consequence of James's flight. In England it was held to be an abdication; but here, and more reasonably, a forfeiture. The vote of the Estates of Scotland (vide their declaration) asserts that James had made immense efforts to establish popery, had converted the limited monarchy into a despotism, imposed oaths and tests contrary to law, had exacted money and maintained a standing army without the consent of parliament, had put citizens to death without legal trial, had suppressed corporations, had

corrupted and intimidated the bench, and consequently that "he" and his son, afterwards known as Prince Charles Edward, "had forefaulted" their "right to the crown, and the crown is become vacant." This vote was passed on the fourth of April 1689, and seven days afterwards the celebrated Claim of Right was adopted; and, subject to its terms and thé limitations expressed in the settlement made by the English parliament, the Scottish crown was offered to William and Mary. Two days afterwards, the Articles of Grievances received the sanction of the legislature, and commissioners were appointed by the Convention of the Scottish Estates to treat with William and Mary, who, except as to some now now unimportant reservations, accepted the offer of the kingdom of Scotland, and were accordingly crowned King and Queen of Scotland. Thus the crowns of England and Scotland passed away from James VII. and his son, and became vested in the House of Orange and the Princess Anne, and were afterwards settled upon the House of Hanover.

273. The main provisions of the Claim of Right and of the Articles of Grievances.

The Claim of Right declares that, by the law of this kingdom, no papist can be king or queen of this realm; nor can any Protestant successor exercise the regal power until he or she take the coronation oath. Then, passing over the assertions as to popery, now of no importance, this priceless vindication of our ancient rights and liberties asserts, and asserts truly, that the acts I am about to mention are contrary to law :—

1. All proclamations asserting an absolute power to cass, annul, and disable laws.

2. Giving grants or gifts for raising money without consent of parliament or the convention of the estates. 3. Putting the lieges to death summarily, without legal trial, jury, or record.

4. Imprisoning persons without expressing the cause thereof, and delaying to put them to trial.

5. Nominating and appointing the magistrates, councils, and clerks in burghs, contrary to their liberties and express charters.

6. Sending letters to the courts of justice ordering the judges to stop or desist from determining causes, or ordering them to proceed in causes depending before them, and changing the nature of the judges' gifts of their appointments from ad vitam aut culpam into commissions durante bene placito.

7. Granting protection for civil debts; and

8. Using torture without evidence, or in ordinary crimes.

It further declares,

9. That prelacy is, and hath been, a great and insufferable grievance and trouble to this nation, and contrary to the inclinations of the generality of the people ever since the Reformation.

10. That it is the right and privilege of the subjects to protest for remedy of law to the king and parliament against sentences pronounced by the Lords of Session, provided execution of the sentence is not stopped.

11. That it is the right of the subject to petition the king.

12. That, for redress of grievances, and for the amending, strengthening, and preserving of all laws, parliaments ought to be frequently called and allowed to sit, and freedom of speech and debate secured to the members.

The Articles of Grievance, besides laying claim to some of these ancient rights and liberties, contain a condemnation of the parliamentary committee called the Lords of the Articles, of the statute which authorised Charles II. to impose custom on foreign import and trade at his pleasure, and of levying or keeping on foot a standing army in time of peace without the consent of parliament.

THE ROYAL PREROGATIVES.

274. The coronation oath of William and Mary.— William and Mary, having accepted the crown of Scotland at the hands of the Scottish commissioners, the coronation oath, drawn up by the Scottish estates, was administered to them. The document contained a promise to maintain the true religion then received and preached within the realm of Scotland; rule the people according to God's Word, and the laws and constitutions of Scotland; preserve the rights, rents, and privileges of the crown, and not transfer or alienate the same; repress all kinds of wrong; administer justice to all without exception; and root out all heretics from the lands and empire of Scotland.

275. Oaths of allegiance and assurance.—In 1693, (William and Mary par. 1. sess. 4. c. 6) an act was