1689-1702. WILLIAM III. Worship, such as should take the oath of allegiance, and subscribe the declaration against popery, and such ministers of separate congregations as should subscribe the Thirty-nine Articles of the Church of England, except three, and part of a fourth. It gives also indulgence to Quakers without this condition. Meeting-houses are required to be registered, and are protected from insult by a penalty. No part of this toleration is extended to papists, or to such as deny the Trinity. Stat. 11 & 12 William III. c. 2. The object of this statuto defeated. The members of the Anglican church having ascertained that William had made promises to some of his allies, that he would relax the penal laws, was one of the causes which rendered him unpopular. After the peace of Ryswick, many priests came over for the dissemination of treason, and thus induced the enactment of 11 & 12 William III. c. 23, which, after offering a reward of 100l. to any informer against a priest exercising his functions, enacts and adjudges, for such an offence, the penalty of perpetual imprisonment. It requires every person educated in the popish religion, or professing the same, within six months after he shall attain the age of eighteen years, to take the oaths of allegiance and supremacy, and subscribe the declaration set down in the act of Charles II. against transubstantiation, and the worship of saints; in default of which he is incapacitated, not only from purchasing, but from inheriting or taking lands under any devise or limitation; and the next of kin, being a Protestant, was to enjoy such lands during his life. Although the object of this statute was to expel the Roman Catholic proprietors of land, by rendering it necessary for them to sell their estate; its unjust severity was itself an antidote. The Roman Catholic landholders neither renounced their religion, nor abandoned their inheritances:—the judges put such a construction upon the clause of forfeiture as eluded its efficacy; so that there were scarce any instances of a loss of property under this law. But the Roman Catholics, from their religion and their treasonable designs against the state, were, during the greater part of the eighteenth century, considered as a proscribed caste'. This statute was repealed in 1779. 53 Hallam's Const. Hist. 242, 243. 2 Butler's Mem. of Catholics, 64. 3 Butler's Hist. Roman Catholics, 137. 6. Settlement of the Revenue. WILLIAM III. 1689-1702. supplies, the best There was no circumstance, which has contributed so Appropriation of much to the power of the House of Commons, as their "ap- corrective of propriation of the supplies," by which no administration can abuse. possibly subsist without its concurrence; nor can the session of parliament be intermitted for an entire year, without leaving both the naval and military force of the kingdom unprovided for. It had been generally adopted in the reign of Charles II.; but, from the Revolution, it has been invariably practised, and which prevents the revenue from being embezzled and misapplied. The principle adopted was, that the king's regular and domestic expenses should be determined by a fixed annual sum, distinct from the other departments of the public service, and all to terminate with his life'; accordingly, since this period, the Commons have appropriated the yearly supplies to certain specified services; and an account of the application has been constantly submitted to both Houses, at the next session. Domestic ex penses of the king determined by a fixed annual sum. treasury. The lords of the treasury, by a clause annually repeated in Restrictions on the Appropriation Act of every session, are forbidden, under the lords of the severe penalties, to order, by their warrant, any moneys in the exchequer, so appropriated, to be issued for any other service, and the officers of the exchequer to obey any such warrant. In time of war, or in circumstances that may induce war, it Vote of credit. has not been very uncommon to deviate a little from the rule of appropriation, by a grant of considerable sums on a vote of credit, which the crown is thus enabled to apply at its discretion, during the recess of parliament, but the ministers of the crown are responsible to parliament for its due application". civil list. The commons also voted that a constant revenue of Settlement of the 1,200,000l. should be established for the support of the crown. in time of peace, 600,000l. of which was to be appropriated to the king's civil list, the remainder to the public service of government. The principle of these enactments being that they divided and separated from the crown, not the control 2 15 Parl. Hist. 193. 3 Hallam's Const. 158 et seq. 1 Hargrave's Juridical Arguments, 394. 3 Hatsell's Preced. 80 et alibi. WILLIAM III. and direction, but the payment of all the great and efficient services of the country'. 1689-1702. Annual assembly of parliament rendered requisite. Securities against military power. Unlawful to keep forces in time of peace, without consent of parliament. 7. Triennial Bill. The country had experienced the mischievous consequences which had arisen from the "Long Parliament" of Charles II., and to provide against their recurrence, a bill was introduced for "triennial parliaments," in 1689, but it was lost by a prorogation; a similar measure passed by both Houses, in 1693, but to which the king refused his assent'; but, in 1694, this important measure became a statute, by which it was enacted, that a parliament should be held once in three years at least; that no parliament should continue longer than three years at farthest, to be accounted from the first day of the first session; but by 1 George I. Stat. 2, c. 38, parliaments are to last for seven years, unless sooner dissolved. The annual assembly of parliament is however rendered necessary, in the first place, by the strict appropriation of the revenue according to votes of supply; and, secondly, by passing the Mutiny Bill, under which the army is held together, and subjected to military discipline, for a short time, seldom or never exceeding twelve months. These are the two effectual securities against military power; that no pay can be issued to the troops without a previous authorization by the commons in a committee of supply, and by both Houses in an act of appropriation; and that no officer or soldier can be punished for disobedience, nor any court martial held, without the annual re-enactment of the Mutiny Bill3. Thus it is strictly true, that, if the king were not to summon parliament every year, his army would cease to have a 3 In the reign of George III., the ancient revenue of the crown was resigned, and a clear annual income was voted by parliament for the civil list of the king, being for the support of his majesty's household, and also for defraying the expenses of certain civil servants, and was divided into certain classes, and an auditor appointed, but the principle of the civil government of the country being defrayed by the sovereign remained in force. In the reign of William IV., and also under Victoria, the civil list was released from all charges for civil services, and was confined entirely to such charges as related to the dignity, ease, and personal comfort of the sovereign. 1 5 Parl. Hist. 754. 2 Stat. 6 William and Mary, c. 2. 1689-1702. legal existence; and the refusal of either House to concur in WILLIAM III. the Mutiny Bill would at once wrest the sword out of his grasp. By the Bill of Rights, it is declared unlawful to keep any forces, in time of peace, without consent of parliament,and this consent, by an invariable and wholesome usage, is given only from year to year. 8. The Basis of the English Constitution. The principles embodied in the "Acts of Settle ment and Bill of foundations of Rights," are tho English prosperity liberty. The principles embodied in the "Acts of Settlement and Bill of Rights," are the basis of the English Constitution, and from which England has acquired her present power, opulence, and glory, united with that species of well-regulated liberty, which is unconnected with licentiousness, and unspotted by rity and crime-and, in conclusion, adopting the language of Bolingbroke, Let the illustrious and royal House, that hath been called to the government of these kingdoms, govern them till time shall be no more. But let the spirit, as well as the letter of the constitution, they are entrusted to preserve, be, as it ought to be, and as we promise ourselves, it will be, the sole rule of their government, and the sole support of their power; and whatever happens in the course of human contingencies, whatever be the fate of particular persons, of houses, or families, let the liberties of Great Britain be immortal. |