333. The

the Tolera

tion Act

(1689)

Catholics as it had to Protestant Dissenters, and indeed a more severe act was passed by the two houses of parliament against them. But this was vetoed by the king, and as a matter of fact Catholics were allowed always afterward to hold their own services without disturbance. The following passages are from Burnet.

The bill of toleration passed easily. It excused Dissenters adoption of from all penalties for their not coming to church, and for going to their separate meetings. There was an exception of Socinians; but a provision was put in in favor of Quakers; and though the rest were required to take the oaths to the government, they were excused, upon making in lieu thereof a solemn declaration. They were to take out warrants for the houses they met in, and the justices of peace were required to grant them. Some proposed that the act should only be temporary, as a necessary restraint upon the Dissenters, that they might demean themselves so as to merit the continuance of it when the term of years now offered should end. But this was rejected: there was now an universal inclination to pass the act, but it could not be expected that the nation would be in the same good disposition towards them at another time. . .

Intolerance

The clergy began now to show an implacable hatred to the of the clergy Non-conformists, and seemed to wish for an occasion to renew old severities against them. But wise and good men did very much applaud the quieting the nation by the toleration. It seemed to be suitable, both to the spirit of the Christian religion and to the interest of the nation. It was thought very unreasonable that while we were complaining of the cruelty of the church of Rome, we should fall into such practices among ourselves; chiefly while we were engaging in a war in the progress of which we would need the united strength of the whole nation.

This bill gave the king great content. He in his own opinion always thought that conscience was God's province, and that it ought not to be imposed on; and his experience in Holland

made him look on toleration as one of the wisest measures of Liberal pringovernment. He was much troubled to see so much ill humor ciples of King William, spreading among the clergy, and, by their means, over a great favoring even part of the nation. He was so true to his principles herein, the Catholics that he restrained the heat of some, who were proposing severe acts against Papists. He made them apprehend the advantage which they would give the French, to alienate all the Papists of Europe from us; who from thence might hope to set on foot a new Catholic League, and make the war a quarrel of religion; which might have very bad effects. Nor could he pretend to protect the Protestants in many places of Germany and in Hungary, unless he could cover the Papists in England from all severities on the account of their religion. This was so carefully infused into many, and so well understood by them, that the Papists have enjoyed the real effects of the toleration, though they were not comprehended within the statute that enacted it.

By the sixth clause of the Bill of Rights parliament had asserted its right to the control of the army in time of peace. In the first Mutiny Act, which has been the general type for the acts which have been passed yearly since, parliament laid down the conditions which were to control the army by the grant for six months at a time of a right to try soldiers by court-martial. It has thus kept the army under its own control ever since.

Whereas the raising or keeping a standing army within this 334. Extracts kingdom in time of peace, unless it be with consent of parlia- from the Mutiny Act ment, is against law; and whereas it is judged necessary by (1689) their Majesties and this present parliament that during this time of danger several of the forces which are now on foot should be continued, and others raised, for the safety of the kingdom, for the common defense of the Protestant religion, and for the reducing of Ireland.

And whereas no man may be forejudged of life or limb, or subjected to any kind of punishment, by martial law or in any

Any enlisted persons joining in a

other manner than by the judgment of his peers and according to the known and established laws of this realm, yet nevertheless it being requisite for retaining such forces as are or shall be raised during this exigence of affairs in their duty, an exact discipline be observed, and that soldiers who shall mutiny or stir up sedition or shall desert their majesties' service be brought to more exemplary and speedy punishment than the usual forms of law will allow.

II. Be it therefore enacted by the king's and queen's most excellent majesties, by and with the advice and consent of the mutiny to be lords spiritual and temporal and commons in this parliament punished by assembled, and by authority of the same, that, from and after court-martial the twelfth of April in the year of our Lord one thousand six hundred eighty-nine, every person being in their majesties' service in the army and being mustered and in pay as an officer or soldier, who shall at any time before the tenth day of November in the year of our Lord one thousand six hundred eighty-nine excite, cause, or join in any mutiny or sedition in the army, or shall desert their majesties' service in the army, shall suffer death or such other punishment as by a court marshal shall be inflicted. . . .

VII. Provided always, that this act or anything therein contained shall not extend or be anywise construed to extend to or concern any the militia forces of this kingdom.

VIII. Provided always, that this act shall continue and be in force until the said tenth of November in the said year of our Lord one thousand six hundred eighty-nine, and no longer... .

X. And no sentence of death shall be given against any offender in such case by any court unless nine of thirteen officers present shall concur therein, and if there be a greater number of officers present, then the judgment shall pass by the concurrence of the greater part of them so sworn, and not otherwise, and no proceedings, trial, or sentence of death shall be had or given against any offender, but between the hours of eight in the morning and one in the afternoon.

CHAPTER XVII

FOUNDATION OF THE BRITISH EMPIRE, 1689-1763

I. THE REIGN OF WILLIAM AND MARY

One more extract from Burnet's History of His Own Time may be taken to illustrate the struggle made by James II to regain his throne, through help given to him by his French allies and his Irish subjects.

James' invasion of

Ireland

Upon King James' landing in Ireland he marched his army 335. King from Kinsale to Ulster. And when it was all together it consisted of 30,000 foot and 8000 horse. It is true, the Irish were now as insolent as they were undisciplined; and they began to think that they must be masters of all the king's counsels. A jealousy arose between them and the French they were soon on very bad terms, and scarce ever agreed in their advices. All King James' party, in the isle of Britain, pressed his settling the affairs of Ireland the best he could, and his bringing over the French and such of the Irish as he could best govern and depend on; and advised him to land in the north of England, or in the west of Scotland.

All this while an army was preparing in England, to be sent An English over for the reduction of Ireland, commanded by Schomberg, army prepared for who was made a duke in England, and to whom the parlia- Ireland ment gave £100,000 for the services he had done. The levies were carried on in England with great zeal, and the bodies were quickly full. But though both officers and soldiers showed much courage and affection to the service, yet they were raw, without experience, and without skill. Schomberg had a quick and happy passage, with about 10,000 men. He landed at Belfast, and brought the forces that lay in Ulster together. His army, when strongest, was not above 14,000 men; and he had not above 2000 horse. He marched on to Dundalk,

King William arrives in

Ulster with an army

Battle of

the Boyne

and there posted himself. King James came to Ardee, within five or six miles of him, being above thrice his number. Schomberg had not the supplies from England that had been promised him; much treachery or ravenousness appeared in many who were employed; and he, finding his numbers so unequal to the Irish, resolved to lie on the defensive.

He lay there six weeks in a very rainy season. His men, for want of due care and good management, contracted such diseases that he lost almost the one half of his army.

[The danger in Ireland appeared so great that William himself determined to go over with reënforcements.] He had a quick passage to Ireland, where matters had been kept in the state where they were in all this winter. Charlemont was reduced, which was the only place in Ulster that was then left in King James' hands. The king had a great army; there were about 36,000 men, all in good plight, full of heart and zeal; he lost no time, but advanced in six days from Belfast, where he landed, to the river of Boyne, near Drogheda. King James had abandoned the passes between Newry and Dundalk, which are so strait for some miles that it had been easy to have disputed every inch of ground; King James and his court were so much lifted up with the news of the debates in parliament, and of the distractions of the city of London, that they flattered themselves with false hopes that the king durst not leave England, nor venture over to Ireland: he had been six days come before King James knew anything of it. Upon that he immediately passed the Boyne, and lay on the south side of it. His army consisted of 26,000 men, his horse were good, and he had 5000 French foot, for whom he had sent over, in exchange, 5000 Irish foot.

...

The king sent a great body of cavalry to pass the river higher, while he resolved to pass it in the face of the enemy; and the duke of Schomberg was to pass it in a third place, a little below him. I will not enter into the particulars of that day's action, but leave that to military men.

It was a complete victory; and those who were the least disposed to flattery said it was almost wholly due to the king's courage and conduct. And though he was a little stiff by reason