The American Republic. Группа авторов
of we know not what flaw in all our Titles to our Lands; and, tho besides our purchase of them from the Natives; and, besides our actual peaceable unquestioned possession of them for near threescore Years, and besides the Promise of K. Charles II. in his Proclamation sent over to us in the Year 1683, That no Man here shall receive any Prejudice in his Freehold or Estate: We had the Grant of our Lands, under the Seal of the Council of Plimouth: which Grant was Renewed and Confirmed unto us by King Charles I. under the Great Seal of England; and the General Court which consisted of the Patentees and their Associates, had made particular Grants hereof to the several Towns (though ’twas now deny’d by the Governour, that there was any such Thing as a Town) among us; to all which Grants the General Court annexed for the further securing of them, A General Act, published under the Seal of the Colony, in the Year 1684. Yet we were every day told, That no man was owner of a Foot of Land in all the Colony. Accordingly, Writs of Intrusion began every where to be served on People, that after all their Sweat and their Cost upon their formerly purchased Lands, thought themselves Free-holders of what they had. And the Governor caused the Lands pertaining to these and those particular Men, to be measured out for his Creatures to take possession of; and the Right Owners, for pulling up the Stakes, have passed through Molestations enough to tire all the patience in the World. They are more than a few, that were by Terrors driven to take Patents for their Lands at excessive rates, to save them from the next that might petition for them: and we fear that the forcing of the People at the Eastward hereunto, gave too much Rise to the late unhappy Invasion made by the Indians on them. Blanck Patents were got ready for the rest of us, to be sold at a Price, that all the Mony and Moveables in the Territory could scarce have paid. And several Towns in the Country had their Commons begg’d by Persons (even by some of the Council themselves) who have been privately encouraged thereunto, by those that sought for Occasions to impoverish a Land already Peeled, Meeted out and Trodden down.
§.IX. All the Council were not ingaged in these ill Actions, but those of them which were true Lovers of their Country, were seldom admitted to, and seldomer consulted at the Debates which produced these unrighteous Things: Care was taken to keep them under Disadvantages; and the Governor, with five or six more, did what they would. We bore all these, and many more such Things, without making any attempt for any Relief; only Mr. Mather, purely out of respect unto the Good of his Afflicted Country, undertook a Voyage into England; which when these Men suspected him to be preparing for, they used all manner of Craft and Rage, not only to interrupt his Voyage, but to ruin his Person too. God having through many Difficulties given him to arrive at White-hall, the King, more than once or twice, promised him a certain Magna Charta for a speedy Redress of many things which we were groaning under: and in the mean time said, That our Governor should be written unto, to forbear the Measures that he was upon. However, after this, we were injured in those very Things which were complained of; and besides what Wrong hath been done in our Civil Concerns, we suppose the Ministers, and the Churches every where have seen our Sacred Concerns apace going after them: How they have been Discountenanced, has had a room in the reflections of every man, that is not a stranger in our Israel.
§.X. And yet that our Calamity might not be terminated here, we are again Briar’d in the Perplexities of another Indian War; how, or why, is a mystery too deep for us to unfold. And tho’ ’tis judged that our Indian Enemies are not above 100. in number, yet an Army of One thousand English hath been raised for the Conquering of them; which Army of our poor Friends and Brethren now under Popish Commanders (for in the Army as well as in the Council, Papists are in Commission) has been under such a conduct, that not one Indian hath been kill’d, but more English are supposed to have died through sickness and hardship, than we have adversaries there alive; and the whole War hath been so managed, that we cannot but suspect in it, a branch of the Plot to bring us low; which we leave to be further enquir’d into in due time.
§.XI. We did nothing against these Proceedings, but only cry to our God; they have caused the cry of the Poor to come unto him, and he hears the cry of the Afflicted. We have been quiet hitherto, and so still we should have been, had not the Great God at this time laid us under a double engagement to do something for our security: besides, what we have in the strangely unanimous inclination, which our Countrymen by extreamest necessities are driven unto. For first, we are informed that the rest of the English America is Alarmed with just and great fears, that they may be attaqu’d by the French, who have lately (’tis said) already treated many of the English with worse then Turkish Cruelties; and while we are in equal danger of being surprised by them, it is high time we should be better guarded, than we are like to be while the Government remains in the hands by which it hath been held of late. Moreover, we have understood, (though the Governour has taken all imaginable care to keep us all ignorant thereof) that the Almighty God hath been pleased to prosper the noble undertaking of the Prince of Orange, to preserve the three Kingdoms from the horrible brinks of Popery and Slavery, and to bring to a Condign punishment those worst of men, by whom English Liberties have been destroy’d; in compliance with which Glorious Action, we ought surely to follow the Patterns which the Nobility, Gentry and Commonalty in several parts of those Kingdoms have set before us, though they therein chiefly proposed to prevent what we already endure.
§.XII. We do therefore seize upon the Persons of those few Ill men which have been (next to our Sins) the grand Authors of our Miseries; resolving to secure them, for what Justice, Orders from his Highness, with the English Parliament shall direct, lest, ere we are aware, we find (what we may fear, being on all sides in danger) our selves to be by them given away to a Forreign Power, before such Orders can reach unto us; for which Orders we now humbly wait. In the mean time firmly believing, that we have endeavoured nothing but what meer Duty to God and our Country calls for at our Hands: We commit our Enterprise unto the Blessing of Him, who hears the cry of the Oppressed, and advise all our Neighbours, for whom we have thus ventured our selves, to joyn with us in Prayers and all just Actions, for the Defence of the Land.
FINIS
After James II fled his throne, frightened by the army brought to England by William of Orange and the lack of support he found among his own people, a convention was called to determine who would succeed him and under what terms. The first term agreed upon was that Catholics would no longer be eligible to rule. Other terms were agreed upon by the convention, which was called by William as a representation of the English people and consisted of all those still living who had served in Parliament. Like Magna Charta and the Petition of Right, the Bill of Rights is a “declaration” in that its authors believed that they were merely declaring, or making clear, preexisting, customary rights. It did, however, have long-reaching effects by further establishing Parliament’s role in legislation, limiting the king’s power to raise and keep armies without Parliament’s approval, and establishing further checks on the king’s power to prosecute opponents in an arbitrary manner. It also established a firm line of royal succession to William’s wife Mary (daughter of James II, who officially ruled jointly with William until her death) and her line, and excluded Catholics. The document does not include prohibitions against quo warranto proceedings, by means of which James had in essence revoked town charters, because James had given up his claim to that right before leaving the throne.
The English Bill of Rights
An Act for Declaring the Rights and Liberties of the Subject, and Settling the Succession of the Crown
Whereas the Lords Spiritual and Temporal, and Commons, assembled at Westminster, lawfully, fully, and freely representing all the estates of the people of this realm, did upon the Thirteenth day of February, in the year of our Lord One Thousand Six Hundred Eighty-eight, present unto their Majesties, then called and known