PAR. 79 respected by usurpation: Under Cromwell, who was declared Lord Protector of England in 1653, the principle of representation was respected, for a legislative union between England and Ireland was established, Irish members sitting in the English Parliament. 79 restored with the restoration of monarchy: In the reign of Charles II, Ireland was again given a separate Parliament. 79 established, I trust, forever by the glorious Revolution: because the Revolution of 1689 established the sovereignty of Parliament. 80 My next example is Wales: For details of England's relation to Wales, see Green's A Short History of the English People, Chapter IV. 80 Henry the Third: King of England from 1216 to 1272. 80 Edward the First: son of Henry the Third. He made a final conquest of Wales and reorganized the government of the country on the English plan. 80 Lords Marchers: Anglo-Norman nobles, who, by conquest or intermarriage with the native Celts, gained control over the marches, or border districts of South Wales. 81 instruction: an order, such as might be issued by the King in Council. 83 in the twenty-seventh year of Henry the Eighth : In 1536 representation was given to the Welsh counties and shire towns. In 1544 the privilege of voting for the representative of the shire town was extended to other towns of the county. See Porritt's The Unreformed House of Commons, vol. i, p. 104. 83 day-star: Compare 2 Pet., I, 19: "and the day-star arises in your hearts." 83 simul alba: Horace, Odes, Book 1, 12, 11. 27-32 : "Soon as those silver stars have shone On sailors lone, See, trickling from the crags, the spray: (Gladstone's translation.) 84 County Palatine of Chester: A county palatine was a county over which its ruler possessed the same powers in administering justice that the King had in his palace. The Earl of Chester, which was made a county palatine in the reign of William the Conqueror, "held by his sword as freely as the king held England by his crown." For many years Chester had its independent parliament, com PAR. posed of barons and members of the clergy. According to Lord Camden (Parl. Hist. vol. xvi, p. 169) the method of taxing the counties palatine was for the Crown to require them by writ to tax themselves, but afterward the English Parliament "took to itself the power of taxation." In 1542, two knights of the shire, and two burgesses from the city of Chester, were allowed to sit in the English Parliament. 84 Richard II: King of England from 1377 to 1399. 85 Knights and Burgesses: Knights, i.e., knights of the shire, represent counties; burgesses represent boroughs. 85 disherisons: processes of disinheritance. 85 ne: Anglo-Saxon and Middle-English particle meaning no or nor. 87 Durham: a palatinate after 1075. In Durham the regal rights were exercised by bishops, and there was a palatine assembly. In 1646 the palatinate was abolished, but revived again after the Restoration of 1660. The county was first summoned to return members to Parliament in 1654; after the Restoration both county and city returned two members each. The cases of Chester and Durham, which are in general so closely parallel, should be carefully compared in one important particular: Chester objected to other forms of legislation than the imposition of taxes, Durham to taxes only. Burke makes use of this difference later in his speech. (See paragraph 124 of text.) 88 Judge Barrington: Daines Barrington, who in 1757 was appointed justice for the Welsh counties of Merioneth, Carnarvon, and Anglesey. 89 Opposuit natura: Juvenal, Satires, X, 152, "Opposuit Natura Alpemque nivemque": "Nature has opposed the snow-covered Alps," i.e., to Hannibal on his march. 90 And the rude swain: Milton's Comus, lines 634-35:"And the dull swain Treads on it daily with his clouted shoon." See 90 until the year 1763: In 1764 Grenville began to carry out his plans for raising a revenue in America. Introduction, p. 16. It 91 My Resolutions therefore mean to establish: should be carefully noted that Burke's first six resolutions take the form of records of fact. Their intent, particularly that of the last three, is to recognize formally and authorize definitely a plan that had been in operation in America for years. 91 by grant: by vote of the colonial assemblies; by imposition by vote of the central Parliament. PAR. 92 six massive pillars: an allusion to the famous Temple of Concord at Girgenti, Sicily, which had massive columns twenty-one feet high. 97 Non meus hic sermo: Horace, Satires, 11, 2-3: "This language is not mine, but what Ofellus taught, a rustic, but more than common wise." 97 touch with a tool: Ex., xx, 25: “ And if thou wilt make me an altar of stone, thou shalt not build it of hewn stone: for if thou lift up thy tool upon it, thou hast polluted it." 97 wise beyond what was written: 1 Cor., Iv, 6: "that ye might learn in us not to think of men above that which is written." 98 duties of the sixth of George the Second: by the Molasses Act of 1733, passed in the sixth year of George II's reign. See Introduction, p. 13. 98 reduced to one third in 1764: by the Sugar Act passed in that year. Burke is in error, for the duty on molasses was reduced one half, from sixpence to threepence. See Introduction, p. 16. 98 to a third of that third in the year 1766: by a modification of the Sugar Act, which reduced the duty on molasses from threepence to a penny a gallon. See Introduction, p. 21. 98 the duties of 1767: imposed by the Townshend Acts. See Introduction, p. 22. 98 Lord Hillsborough: Secretary of State for the Colonies, appointed in 1768. He was strongly opposed to the Ameri can cause. 102 Acts of Supply: the acts by which a legislature votes money for the public service. 102 if the crown could be responsible: an allusion to the fact that the King's ministers, and not the King himself, are responsible for all government measures. 104 the year 1710: when the colonists raised troops which aided the British fleet in taking Port Royal. 105 Cape Breton: at the entrance of the Gulf of St. Lawrence. The French fort at Louisburg, situated on the island, was taken by the New England troops in an expedition fitted out by them in 1745. 107 have exerted themselves: in connection with Braddock's campaign in 1755. 109 the colonies were then in debt: for money raised by them for the common defense. 109 requisition: See Introduction, p. 21. 114 an Act made in the seventh year: This is the remnant of the Townshend Revenue Act of 1767; the tax on tea PAR. was the only provision not repealed in 1770. See Introduction, p. 25. 114 drawback: rebate. 114 clandestine running: smuggling. 114 An Act to discontinue, etc.: the Boston Port Bill. See Introduction, p. 29. 114 An Act for the impartial administration of justice: relating to officers and magistrates charged with murder. See Introduction, p. 29. 114 An Act for the better regulating, etc.: the Massachusetts Regulating Act. See Introduction, p. 29. 114 an Act made in the thirty-fifth year of Henry VIII: See Introduction, p. 24. Of the effect of the application of this act to the case of an alleged offender, Burke says in his Letter to the Sheriffs of Bristol: "A person is brought hither [to England] in the dungeon of a ship's hold: thence he is committed into a dungeon on land, loaded with irons, unfurnished with money, unsupported by friends, three thousand miles from all means of calling upon or confronting evidence, where no local circumstance that tends to detect perjury can possibly be judged of;such a person may be executed according to form, but he can never be tried according to justice." 115 Other towns, full as guilty: See Introduction, p. 28. 115 the Restraining Bill: the "grand penal bill.” See Introduction, p. 32. 116 the crown has far less power: In Connecticut and Rhode Island the governors were elected by the people. 116 to change the sheriff: See Introduction, p. 29. 118 where the jurisdiction of the crown does not extend: in parts of the empire where there were no civil courts. 119 a settled salary: See Introduction, pp. 23 and 24. 120 Courts of Admiralty: See Introduction, p. 13. 121 courts incommodiously situated: that is, too far away, because of the small number of them, to be, in many cases, easily accessible. In 1696, two admiralty courts were established in America, one having jurisdiction over the district comprising New England, New York, and (after 1702) New Jersey, the other over Pennsylvania and the colonies south of it. As late as 1767 there was only one court of vice-admiralty, situated at Halifax. In 1768 an attempt was made, initiated by the Commissioners of His Majesty's Treasury, to establish four courts of vice-admiralty, at Halifax, Boston, Philadelphia, and Charleston, but the plan was not carried through. At the same time the commissioners recommended that the PAR. judges be paid a salary and that they be expressly enjoined, upon pain of losing their offices, not to take any fee for any judgment given or business done. This reform had been brought about before Burke presented his resolutions, as is indicated by the following note in the Parliamentary History: "The Solicitor-General informed Mr. Burke, when the resolutions were separately moved, that the grievance of the judges partaking in the profits of the seizure had been redressed by the office; accordingly the resolution was amended." 122 consequential: following as a matter of logical conse quence. 124 de jure as a matter of abstract right; de facto: as a matter of actual fact. 125 I do not know, etc.: a very carefully qualified assertion, which, by its implication, distorts the truth. For a statement of the colonists' position at this time concerning the rights of Parliament, see Introduction, p. 30. 125 illation: inference. 125 immediate jewel: Compare Othello, III, iii, 155–56: "Good name, in man and woman, dear my lord, Is the immediate jewel of their soul." 66 125 a great house is apt to make slaves haughty: compare Juvenal, Satires, v, 66: Maxima quæque domus est servis plena superbis": "Every great house is filled with haughty slaves." 125 cords of man: Compare Hos., XI, 4: "I drew them with cords of a man, with bands of love." 127 which was preserved entire: because these dependencies sent representatives to the Parliament of Great Britain. 127 a separate, but not an independent, legislature: By Poynings' Act of 1494, passed at Drogheda, the Irish Parliament was made subordinate to England, by the provision that all laws brought before it must first receive the assent of the King and his Privy Council. The law was repealed in 1782. Burke supported the repeal. 128 before the Committee: Lord North's plan for conciliation was considered by the Committee of the Whole, before it was presented to the House for final passage. 129 ransom by auction: See note on paragraph 10. 129 experimentum, etc.: an allusion to the maxim: "Fiat experimentum in corpore vili": "Let the experiment be performed upon a worthless body." 130 in the antechamber: by the decision of a committee or of the Cabinet. 130 four or five and twenty governments: Burke is thinking |