Osmund Airy

“ For the new colony Penn drew up a constitution, under the title of "Concessions." The greatest care is taken to make this constitution "as near as may be conveniently to the primitive, ancient and fundamental laws of the nation of England." But a democratic element is introduced, and the new principle of perfect religious freedom stands in the first place (ch. xvi.) . With regard to the liberty of the subject, no one might be condemned in life, liberty or estate, except by a jury of twelve, and the right of challenging was granted to the uttermost (ch. xvii.) ”

“ In 1687 James published the Declaration of Indulgence, and Penn probably drew up the address of thanks on the part of the Quakers. It fully reflects his views, which are further ably put in the pamphlet Good Advice to the Church of England, Roman Catholics, and Protestant Dissenters, in which he showed the wisdom and duty of repealing the Test Acts and Penal Laws. At the Revolution he behaved with courage. He was one of the few friends of the king who remained in London, and, when twice summoned before the council, spoke boldly in his behalf. ”

“ In June Shaftesbury applied for a writ of habeas corpus, but could get no release until the 26th of February 1678, after his letter and three petitions to the king. Being brought before the bar of the House of Lords he made submission as to his conduct in declaring parliament dissolved by the prorogation, and in violating the Lords’ privileges by bringing a habeas corpus in the King’s Bench.
The breaking out of the Popish Terror in 1678 marks the worst part of Shaftesbury’s career. That so clear-headed a man could have credited the lies of Oates and the other perjurers is beyond belief ”

“ Burnet says that ‘he had the dotage of astrology upon him to a high degree,’ and that he told him ‘how a Dutch doctor had from the stars foretold him the whole series of his life’ (i. 175) . He was reputed a deist, but the state of his mind is perhaps best represented by the anecdote in Sheffield's memoirs, which represents him as answering the lady who inquired as to his religion, ‘Madam, wise men are of but one religion;’ and when she further pressed him to tell what that was, ‘Madam, wise men never tell.’ Shaftesbury's private life was of rare purity for the age ”

“ Penn, however, did not venture upon emancipation; but he insisted on the instruction of negroes, permission for them to marry, repression of polygamy and adultery, and proposed regulations for their trial and punishment. The assembly, however, a very mixed body of all nations, now refused to accept any of these proposals except the last-named. His great success was with the Indians; by their treaty with him in 1700 they promised not to help any enemy of England, to traffic only with those approved by the governor, and to sell furs or skins to none but inhabitants of the province. ”

“ The chancellor, Finch, opened it with a speech, in which he said that the king ‘supported by his favour the creatures of his power.’ ‘My lords,’ said Shaftesbury, ‘I think we are all agreed that in this kingdom there are none but creatures of the divine power; the power of the king does not extend further than the laws determine’ (Ranke, iv. 77) . In the debate as to how to deal with Danby the opposition lords voted for the lesser punishment of banishment, and Shaftesbury, with Essex and the chancellor, drew up the argument for the conference with the commons. ”

“ In each point the English constitution, which he ardently admires, is, he says, suffering: the prerogatives of the crown are disproportionately great; the peerage has been degraded by new creations; and parliaments are slighted.
For a long while Sidney kept himself aloof from the duke of Monmouth, to whom he was introduced by Lord Howard. After the death of Shaftesbury, however, in November 1682, he entered into the conferences held between Monmouth, Russell, Essex, Hampden and others. ”

“ With nine other peers he presented a petition to the king in November, praying for the meeting of parliament, of which Charles took no notice. In April, upon the king’s declaration that he was resolved to send for James from Scotland, Shaftesbury advised the popular leaders at once to leave the council, and they followed his advice. In March we find him unscrupulously eager in the prosecution of the alleged Irish Catholic plot. Upon the king’s illness in May he held frequent meetings of Monmouth’s friends at his house to consider how best to act for the security of the Protestant religion. ”

“ The comrade of Strafford, one who had willingly sacrificed a princely fortune for a great cause, he held aloof while persons like Bennet intrigued and lied for office, money, or spite. His strict purity of life was a living rebuke to the Sedleys and Castlemaines, who turned the court into a brothel. ”

“ Hallam maintains that the only overt act of treason proved against Russell was his concurrence in the project of a rising at Taunton, which he denied, and which, Ramsay being the only witness, was not sufficient to warrant a conviction.
Russell was sentenced to die. Many attempts were made to save his life. The old earl of Bedford offered £50,000 or £100,000, and Monmouth, Legge, Lady Ranelagh, and Rochester added their intercessions. Russell himself, in petitions to Charles and James, offered to live abroad if his life were spared, and never again to meddle in the affairs of England. ”

“ The celebrated cabal was a toleration cabinet, but its members were at complete variance on any question into which the advantage of catholicism entered. Thus, when the infamous treaty of Dover was concocted in 1669 and 1670, it was necessary to keep from Buckingham and Ashley at least the condition by which Charles bound himself, for a money gift from Louis, to introduce catholicism into England. At the same time their support, and that of Lauderdale, was necessary to compass the other part of the treaty, the declaration of war against Holland. ”

“ By the charter for Pennsylvania Penn was made proprietary of the province. He was supreme governor; he had the power of making laws with the advice, assent and approbation of the freemen, of appointing officers, and of granting pardons. The laws were to contain nothing contrary to English law, with a saving to the Crown and the privy council in the case of appeals. Parliament was to be supreme in all questions of trade and commerce; the right to levy taxes and customs was reserved to England, an agent to represent Penn was to reside in London ”

“ Charles soon regretted the loss of Shaftesbury, and endeavoured, as did also Louis, to induce him to return, but in vain. He preferred now to become the great popular leader against all the measures of the court, and may be regarded as the intellectual chief of the opposition. At the meeting of parliament on the 8th of January 1674, he carried a motion for a proclamation banishing Catholics to a distance of 10 m. from London. During the whole session he organized and directed the opposition in their attacks on the king’s ministers. ”

“ As the weakness of the king became more apparent the demands of the rebels increased. On the subject of the penal laws they insisted upon entire freedom being granted, and they refused Ormonde's demand for the restoration of the churches to the protestant clergy; while they further insisted upon the maintenance of their provisional government until every article had been confirmed by act of parliament. These demands Charles utterly refused, and Ormonde then drew up a list of the 'concessions' which he thought proper for the king's consideration. ”

“ After receiving formal possession, and having visited New York, Penn ascended the Delaware to the Swedish settlement of Upland, to which he gave the name of Chester. The assembly at once met, and on the 7th of December passed the "Great Law of Pennsylvania." The idea which informs this law is that Pennsylvania was to be a Christian state on a Quaker model. Philadelphia was now founded, and within two years contained 300 houses and a population of 2500. At the same time an act was passed, uniting under the same government the territories which had been granted by feoffment by James in 1682. ”

“ I shall consider you as the assassin; ... and wherever I meet you I shall pistol you, though you stood behind the king's chair. And I tell it you in his majesty's presence, that you may be sure I shall keep my word.’
In February Ossory was again appointed to attend the Prince of Orange back to the Hague. Thence he returned by Flanders and Paris, intending to serve as a volunteer in the French force destined for Alsace. The expedition having, however, fallen through, Ossory once more came to Holland and thence to England. ”

“ So great was the effect which this produced that the assembly which met in October of that year was entirely in his interests; revenues were properly paid; the disaffected were silenced and complaints were hushed; while an advance in moral sense was shown by the fact that a bill was passed prohibiting the importation of negroes. This, however, when submitted to the British parliament, was cancelled. Penn now, in February 1712, being in failing health, proposed to surrender his powers to the Crown. ”

“ As a statesman he will always remain memorable, because, starting from the conception of tolerance, he opposed the establishment of an Anglican and royalist organisation with decisive success. He seems always to have espoused the doctrines that had the greatest future, and he may be regarded as the principal founder of that great party which opposed the prerogative and uniformity on behalf of political freedom and religious tolerance (Ranke, iv. 166, 167) . ”

“ In the great debate which arose on the occasion of Danby's prosecution, he spoke against the right of the bishops to vote in any part of a trial for treason. On the question of the proposed dissolution of the pensionary parliament he joined Halifax in arguing that since no agreement seemed possible with the king upon the questions of the exclusion and Danby's pardon, it would be well to try whether a new parliament might not be disposed to let those matters drop. ”