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I UNIVERSAL CONSTANTS

Standard Gravitational Acceleration

Speed of Light
Stefan-Boltzmann Constant u =
g
c
=

=
9.80665 m/s2 = 32.1 742 ft/s2
2.998 X 1 08 mls
5.670 X 10-8 W/m2.K4

R
= 0.1712 X 10-8 Btu/h.ft2.R4
Universal Gas constant = 8314.4 J/kg mole.K
= 1 .9859 BtullbmoIe.R
= 1 545.35 ft.lbfllbmole.R

CONVERSION FACTORS

To convert from To Multiply by

Energy Btu J 1 055.0

cal J 4.186
kWh kJ 3600
ft.lbf Btu 0.00128507
hp.h Btu 2545
Force dyn N 10-5
Ibf N 4.4482
Thermal conductivity Btulh.fLF W/m.C 1 .7307
Heat transfer coefficient Btulh.fe.F W/m2.C 5.6782
Length [t m 0.3048
in cm 2.540
m cm 100
J-Lm m 10-6
mile km 1 .60934
Mass Ibm kg 0.4536
slug Ibm 32.174
ton (metric) kg 1000
ton (metric) Ibm 2204.6
ton (short) Ibm 2000
Power Btulh W 0.293
Btuls W 1055.04
hp W 745.7
hp ft.lbf/s 550
Pressure atm kPa 101 .325
bar kPa 1 00
Ibflin2 (psi) kPa 6.895
atm psi 14.696
atm cm Hg atOC 76.0
atm em H 0 at4 C 1 033.2
1 2
Temperature Deg.K R 9/5
Deg. R K 5/9
Volume cm3 m3 10-6
ft3 m3 0.02832
gallon (US) m3 0.0037854
gallon (US) ft3 0.13368
liter m3 1 0-3
Ilbe following relations should be used for temperature conversion:
C to Oeg. K K C
F to Ocg. C C F - 32)
Oeg. Oeg. = Oeg. + 273.15

Oeg. F to Oeg. R R F 459.67

Oeg. Oeg. = (5/9)(Oeg.
Ocg. = Oeg. +
 I
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Library of Congress Cataloging-in-Publication Data I

Wheeler, Anthony 1.
I
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I� troducti? n t? engineering experimentation / Anthony 1. Wheeler, Ahmad R. Ganji;

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wIth contnbutIOns by V. V. Krishnan, Brian S. Thurow. -3rd ed.

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p.cm. I
Includes bibliographical references and index. I
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R (Ahmad R eza) II Title

I . GanJ'i , A ..
ISBN 978-0-13-174276-5 (alk. paper)
l. Engineering-Experiments. 2. Experimental design.
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TA153.W472004 I
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2009045089
620.0078-dc22 I
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Prentice Hall
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is an imprint of
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PEARSON 1 0 9 8 7 (1
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ISBN-13:
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WWW.pearsonhighere 978-0-13-1711
0-13-17427bl
d.com
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ISBN-l0:
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 Contents

Preface ix

CHAPTER 1 Introduction 1

1.1 Applications of Engineering Experimentation and Measurement 1

1.1.1 Measurement in Engineering Experimentation 1
1.1.2 Measurement in Operational Systems 3
1.2 Objective and Overview 3
1.3 Dimensions and Units 4
. 1.4 Closure 5
Problems 5

CHAPTER 2 General Characteristics of Measurement Systems 7

2.1 Generalized Measurement System 7

2.2 Validity of Measurement 8
2.2.1 Measurement Error and Related Definitions 9
2.2.2 Calibration of Measurement Systems 16
2.3 Dynamic Measurements 24
2.4 Closure 28
References 28
Problems 29
CHAPTER 3 Measurement Systems with Electrical Signals 36

3.1 Electrical Signal Measurement Systems 36

3.2 Signal Conditioners 37
3.2.1 General Characteristics of Signal Amplification 38
3.2.2 Amplifiers Using Operational Amplifiers 44
3.2.3 Signal Attenuation 50
3.2.4 General Aspects of Signal Filtering 52
3.2.5 Butterworth Filters Using Operational Amplifiers 55
3.2.6 Circuits for Integration, Differentiation, and Comparison 59
3.3 Indicating and Recording Devices 60
3.3.1 Digital Voltmeters and Multimeters 60
3.3.2 Oscilloscopes 61
3.3.3 Strip-Chart Recorders 63
3.3.4 Data Acquisition Systems 64
3.4 Electrical Transmission of Signals Between Components 64
3.4.1 Low-Level Analog Voltage Signal Transmission 64
3.4.2 High-Level Analog Voltage Signal Transmission 67
3.4.3 Current-Loop Analog Signal Transmission 67
3.4.4 Digital Signal Transmission 68
References 68
Problems 68
iii
iv Contents

CHAPTER 4 Computerized Data-Acquisition Systems 71

4.1 Introduction 71
4.2 Computer Systems 72
4.2.1 Computer Systems for Data Acquisition 72
4.2.2 Components of Computer Systems 73
4.2.3 Representing Numbers in Computer Systems 75
4.3 Data-Acquisition Components 78
4.3.1 Multiplexers 78
4.3.2 Basics of Analog-to-Digital Converters 79
4.3.3 Practical Analog-to-Digital Converters 86
4.3.4 Digital-to-Analog Converters 90
4.3.5 Simultaneous Sample-and-Hold Subsystems 91
4.4 Configurations of Data-Acquisition Systems 92
4.4.1 Internal Single Board Plug-in Systems 92
4.4.2 External Systems 92
4.4.3 Digital Connectivity 93
4.4.4 Virtual Instruments 94
4.4.5 Digital Storage Oscilloscopes 95
4.4.6 Data Loggers 97
4.5 Software for Data-Acquisition Systems 97
4.5.1 Commercial Software Packages 98
References 98
Problems 99

CHAPTER 5 Discrete Sampling and Analysis of TIme-Varying Signals 102

5.1 Sampling-Rate Theorem 102
5.2 Spectral Analysis of Time-Varying Signals 107
5.3 Spectral Analysis Using the Fourier Transform 112
5.4 Selecting the Sampling Rate and Filtering 119
5.4.1 Selecting the Sampling Rate 119
5.4.2 Use of Filtering to Limit Sampling Rate 121
References 124
Problems 125

CHAPTER 6 Statistical Analysis of Experimental Data 128

6.1 Introduction 128

6.2 General Concepts and Definitions 130
6.2.1 Definitions 130
6.2.2 Measures of Central Tendency 132
6.2.3 Measures of Dispersion 133
6.3 Probability 134
6.3.1 Probability Distribution Functions 135
6.3.2 Some Probability Distribution Functions with
Engineering Applications 139
6.4 Parameter Estimation 151
6.4. 1 Interval Estimation of the Population Mean 152
6.4.2 Interval Estimation of the Population Variance 160
 Contents v

6.5 Criterion for Rejecting Questionable Data Points 163

6.6 Correlation of Experimental Data 165
6.6.1 Correlation Coefficient 165
6.6.2 Least-Squares Linear Fit 169
6.6.3 Outliers in x-y Data Sets 175
6.6.4 Linear Regression Using Data Transformation 178
6.6.5 Multiple and Polynomial Regression 180
6.7 Linear Functions of Random Variables 184
6.8 Applying Computer Software for Statistical Analysis
of Experimental Data 185
References 185
Problems 186

CHAPTER 7 Experimental Uncertainty Analysis 199

7.1 Introduction 199

7.2 Propagation of Uncertainties - General Considerations 199
7.3 Consideration of Systematic and Random Components
of Uncertainty 202
7.4 Sources of Elemental Error 209
7.5 Uncertainty of the Final Results for Multiple-Measurement
Experiments 214
7.6 Uncertainty of the Final Result for Single-Measurement
Experiments 218
7.7 Step-by-Step Procedure for Uncertainty Analysis 221
7.8 Interpreting Manufacturers' Uncertainty Data 222
7.9 Applying Uncertainty Analysis in Digital
Data-Acquisition Systems 223
7.10 Additional Considerations for Single-Measurement
Experiments 227
7.11 Closure 230
References 230
Problems 230

CHAPTER 8 Measurement of Solid-Mechanical Quantities 244

8.1 Measuring Strain 244

8.1.1 Electrical Resistance Strain Gage 244
8.1.2 Strain Gage Signal Conditioning 249
8.2 Measuring Displacement 254
8.2.1 Potentiometer 254
8.2.2 Linear and Rotary Variable Differential Transformers 255
8.2.3 Capacitive Displacement Sensor 259
8.2.4 Digital Encoders 261
8.3 Measuring Linear Velocity 261
8.3.1 Linear Velocity Transducer 261
8.3.2 Doppler Radar Velocity Measurement 262
8.3.3 Velocity Determination Using Displacement
and Acceleration Sensors 263
vi Contents

8.4 Measuring Angular Velocity 264

8.4. 1 Electric Generator Tachometers 264
8.4.2 Magnetic Pickup 265
8.4.3 Stroboscopic Tachometer 266
8.4.4 Photoelectric Tachometer 267
8.5 Measuring Acceleration and Vibration 267
8.5.1 Piezoelectric Accelerometers 267
8.5.2 Strain-Gage Accelerometers 270
8.5.3 Servo Accelerometer 271
8.5.4 Vibrometer 271
8.6 Measuring Force 272
8.6.1 Load Cells 272
8.6.2 Proving Rings 274
8.7 Measuring Rotating Shaft Torque 275
References 277
Problems 278

CHAPTER 9 Measuring Pressure, Temperature, and Humidity 284

9.1 Measuring Pressure 284
9.1.1 Traditional Pressure-Measuring Devices 284
9.1.2 Pressure Transducers 291
9. 1 .3 Measuring a Vacuum 293
9.2 Measuring Temperature 297
9.2.1 Thermocouples 297
9.2.2 Resistance-Temperature Detectors 304
9.2.3 Thermistor and Integrated-Circuit Temperature Sensors 308

9.2.5 Radiation Thermometers (Pyrometers )

9.2.4 Mechanical Temperature-Sensing Devices 310
312
9.2.6 Common Temperature-Measurement Errors 315
9.3 Measuring Humidity 321
9.3.1 Hygrometric Devices 321
9.3.2 Dew-Point Devices 322
9.3.3 Psychrometric Devices 322
9.4 Fiber-Optic Devices 324
9.4.1 Optical Fiber 324
9.4.2 General Characteristics of Fiber-Optic Sensors 326
9.4.3 Fiber-Optic Displacement Sensors 327
9.4.4 Fiber-Optic Temperature Sensors 328
9.4.5 Fiber Optic Pressure Sensors 330
9.4.6 Other Fiber-Optic Sensors 331
References 331
Problems 332

CHAPTER 1 0 Measuring Fluid Flow Rate, Fluid Velocity, Fluid Level,

and Combustion Pollutants 336
10.1 Systems for Measuring Fluid Flow Rate 336
10.1.1 Pressure Differential Devices 336
 Contents vii

10.1.2 Variable-Area Flowmeters 352

10.1.3 Thrbine Flowmeters 355
10.1.4 Mass Flowmeters 356
10.1.5 Positive-Displacement Flowmeters 359
10.1.6 Other Methods of Flow Measurement 359
10.1.7 Calibrating Flowmeters 363
10.2 Systems for Measuring Fluid Velocity 364
10.2.1 Pitot-Static Probe 364
10.2.2 Hot-Wire and Hot-Film Anemometers 366
10.2.3 Fluid Velocity Measurement Using the
Laser-Doppler Effect 368
10.3 Measuring Fluid Level 371
10.3.1 Buoyancy Devices 371
10.3.2 Differential-Pressure Devices 372
10.3.3 Capacitance Devices 373
10.3.4 Conductance Devices 374
10.3.5 Ultrasonic Devices 374
10.3.6 Weight Methods 375
10.4 Measuring Air Pollution Species 375
10.4.1 Nondispersive Infrared Detectors 376
10.4.2 Chemiluminescent Analyzers 378
10.4.3 Flame Ionization Detectors 379
10.4.4 Other Gas-Analysis Devices 380
10.4.5 General Considerations about Sampling
and Measuring Pollutant Gases 380
References 381
Problems 382

CHAPTER 1 1 Dynamic Behavior of Measurement Systems 387

11.1 Order of a Dynamic Measurement System 387
11.2 Zero-Order Measurement Systems 388
11.3 First-Order Measurement Systems 388
11.3.1 Basic Equations 389
11.3.2 Step Input 389
11 .3.3 Ramp Input 390
11.3.4 Sinusoidal Input 392
11.3.5 Thermocouple as a First-Order System 392
11.4 Second-Order Measurement Systems 397
11.4.1 Basic Equations 397
11.4.2 Step Input 398
11.4.3 Sinusoidal Input 400
1 1 .4.4 Force Transducer (Load Cell) as a Second-Order System 401
11 .4.5 Pressure-Measurement Devices as Second-Order Systems 404
11.4.6 Second-Order Systems for Acceleration and Vibration 413
11.5 Closure 417
References 418
Problems 418
viii Contents

CHAPTER 12 Guidelines for Planning and Documenting Experiments 422

12.1 Overview of an Experimental Program 422
12.1.1 Problem Definition 422
12.1.2 Experiment Design 423
12.1.3 Experiment Construction and Development 423
12.1.4 Data Gathering 424
12.1.5 Data Analysis 424
12.1.6 Interpreting Data and Reporting 424
12.2 Common Activities in Experimental Projects 424
12.2.1 Dimensional Analysis and Determining the Test Rig Scale 424
12.2.2 Uncertainty Analysis 428
12.2.3 Shakedown Tests 428
12.2.4 Test Matrix and Test Sequence 429
12.2.5 Scheduling and Cost Estimation 433
12.2.6 Design Review 437
12.2.7 Documenting Experimental Activities 438
12.3 Closure 446
References 446
Answers to Selected Problems 447

APPENDIX A Computational Methods for Chapter 5 450

APPENDIX B Selected Properties of Substances 453

Glossary 458

Index 466
Preface

This book is an introduction to many of the topics that an engineer needs to master in
order to successfully design experiments and measurement systems. In addition to de­
scriptions of common measurement systems, the book describes computerized data ac­
quisition systems, common statistical techniques, experimental uncertainty analysis, and
guidelines for planning and documenting experiments. It should be noted that this book
is introductory in nature. Many of the subjects covered in a chapter or a few pages here
are the subjects of complete books or major technical papers. Only the most common
measurement systems are included -there exist many others that are used in practice.
More comprehensive studies of available literature and consultation with product ven­
dors are appropriate when engaging in a significant real-world experimental program. It
is to be expected that the skills of the experimenter will be enhanced by more advanced
courses in experimental and measurement systems design and practical experience.
The design of an experimental or measurement system is inherently an interdis­
ciplinary activity. For example, the instrumentation and control system of a process
plant might require the skills of chemical engineers, mechanical engineers, electrical
engineers, and computer engineers. Similarly, the specification of the instrumentation
used to measure the earthquake response of a large structure will involve the skills of
civil, electrical, and computer engineers. Based on these facts, the topics presented in
this book have been selected to prepare engineering students and practicing engineers
of different disciplines to design experimental projects and measurement systems.
This third edition of the book involves a general updating of the material and the
enhancement of the coverage in a number of areas. Specific enhancements include the
following:
• Addition of Windowing in the section on Fourier Transforms
• Addition of exponential and log-normal distributions
• Confidence interval estimation for linear regression
• Over 100 new homework problems
1\vo additional persons made contributions to the Third Edition. Brian S. Thurow, Auburn
University, contributed in the area of general instrumentation and V. V. Krishnan, San
Francisco State University, contributed material in statistics.
The book first introduces the essential general characteristics of instruments,
electrical measurement systems, and computerized data acquisition systems. This intro­
duction gives the students a foundation for the laboratory associated with the course.
The theory of discretely sampled systems is introduced next. The book then moves into
statistics and experimental uncertainty analysis, which are both considered central to a
modem course in experimental methods. It is not anticipated that the remaining chap­
ters will necessarily be covered either in their entirety or in the presented sequence in
lectures-the instructor will select appropriate subjects. Descriptions and theory are
provided for a wide variety of measurement systems. There is an extensive discussion
of dynamic measurement systems with applications. Finally, guidance for planning ex­
periments, including scheduling, cost estimation, and outlines for project proposals and
reports, are presented in the last chapter.

ix
x Preface

There are some subjects included in the introductory chapters that are frequent­
ly of interest, but are often not considered vital for an introductory experimental meth­
ods course. These subjects include the material on circuits using operational amplifiers
(Sections 3.2.2, 3.2.5 and 3.2.6), details on various types of analog-to-digital converters
(Section 4.3.3), and the material on Fourier transforms (Section 5.3). Any or all of
these sections can be omitted without significant impact on the remainder of the text.
The book has been designed for a semester course of up to three lectures with one
laboratory per week. Depending on the time available, it is expected that only selected
topics will be covered. The material covered depends on the number of lectures per
week, the prior preparation of students in the area of statistics, and the scope of included

Our introductory course in engineering experimentation is presented to all under­

design project(s). The book can serve as a reference for subsequent laboratory courses.

graduate engineers in civil, electrical, and mechanical engineering. The one-semester

format includes two lectures per week and one three-hour laboratory. In our two­

L General aspects of measurement systems (2 lectures)

lecture-per-week format, the course content is broken down as follows:

2. Electrical output measurement systems (2 lectures)

3. Computerized data acquisition systems (3 lectures)
4. Fourier analysis and the sampling rate theorem (4 lectures)
5. Statistical methods and uncertainty analysis (10 lectures)
6. Selected measurement devices (4 lectures)
7. Dynamic measurement systems (3 lectures)
Additional measurement systems and the material on planning and documenting ex­
periments are covered in the laboratory. The laboratory also includes an introduction
to computerized data acquisition systems and applicable software; basic measurements
such as temperature, pressure, and displacement; statistical analysis of data; the sam­
pling rate theorem; and a modest design project. A subsequent laboratory-only course

There is sufficient material for a one-semester, three-Iecture-per-week course even

expands on the introductory course and includes a significant design project.

if the students have taken a prior course in statistics. Areas that can be covered in greater
detail include qperational amplifiers, analog-to-digital converters, spectral analysis, un­
certainty analysis, measurement devices, dynamic measurements, and experiment design.

ACKNOWLE DG M E NTS
The authors would like to acknowledge the many individuals who reviewed all or por­
tions of the book. We would like to thank Sergio Franco, Sung Hu, and V. Krishnan of

Rej ali of Isfahan University of Technology (Iran) and Ronald Diek of Pratt & Whitney,
San Francisco State University; Howard Skolnik of Intelligent Instrumentation; Ali

each of whom reviewed portions of the book. Particular thanks go to reviewers of the
complete book: Charles Edwards of the University of Missouri, Rolla, and David Bog­
ard of the University of Texas, Austin.
ANTHONY 1. WHEELER
AHMAD R. GANJI
S AN FRANCISCO, CALIFORNIA
 CHAPTER

Introd u ction

Experimentation is the backbone of modern physical science. In engineering, carefully

designed experiments are needed to conceive and verify theoretical concepts, develop
new methods and products, commission sophisticated new engineering systems, and
evaluate the performance and behavior of existing products. Experimentation and the
design of measurement systems are major engineering activities. In this chapter we
give an overview of the applications of experiments and measurement systems and
describe briefly how this book will prepare the reader for professional activities in
these areas.

1.1 APPLICATIONS O F ENGINEERING EXPERI M ENTATION AND M EASUREM ENT

Engineering measurement applications can broadly be broken into two categories. The
first of these is measurement in engineering experimentation, in which new information
is being sought, and the second is measurement in operational devices for monitoring
and control purposes.

1 . 1 .1 Measurement in Engineering Experimentation

Engineering experimentation, which in a general sense involves using the measure­
ment process to seek new information, ranges in scope from experiments to establish
new concepts all the way to testing of existing products to determine maintenance
requirements. Such experimentation falls broadly into three categories:

1. Research experimentation
2. Development experimentation
3. Performance testing

The primary difference between research and development is that in the former, con­
cepts for new products or processes are being sought (often unsuccessfully), while in the
latter, known concepts are being used to establish potential commercial products.
Carbon-fiber composites represent a relatively recent example of the research
and development process. Carbon-fiber composites are now used commercially for
such diverse products as golf clubs and aircraft control surfaces. In the research phase,
methods were suggested and evaluated to produce carbon fibers in small quantities
and tests were performed to determine the physical properties of samples. The results

1
2 Chapter 1 I ntrod uction

of the research activities were so promising that many development activities were ini­
tiated. These activities included development of large-scale fiber manufacturing
processes and development of methods to fabricate fiber composite parts. Although
there are now many products using carbon fibers, developmental activities in this area
continue. The fuselage of the commercial airliner, Boeing 787, is constructed entirely
from carbon fiber material and this advance saved considerable weight, resulting in
improved efficiency, and is considered a major advance in aircraft technology.
Research experiments are frequently highly uncertain and often lead to dead
ends. The risk is high, either because the experiment itself may be unsuccessful or
because the experimental result may not be as wanted. Research experimentation is
usually performed in universities or special research organizations. On the other hand,
development programs usually have better defined goals than research programs and
frequently result in an operational product. Sometimes, however, the product will not
be deemed competitive and will never be produced in quantity. Development pro­
grams are usually performed by product manufacturers.
Although the instrumentation must function properly during the research or
development program, it may be delicate and require considerable attention. Special
measurement techniques may be created. Experimental measuring systems whose char­
acteristics are not completely defined may also be suitable for such testing programs.
The engineers and scientists performing such tests are generally sophisticated in the fine
points of the instruments and can compensate for deficiencies.
Performance testing is somewhat different from research and development exper­
imental activities. Performance testing is done on products that have been developed
and in many cases are already on the market. Performance testing may be carried out to
demonstrate applicability for a particular application, to assess reliability, or to deter­
mine product lifetime. This testing may be done either by the manufacturer, the sup­
plier, the customer, or an independent laboratory. As an example, a performance test
might be used to demonstrate that an electronic device which functions satisfactorily in
a stationary environment will also function in an aircraft application with high levels of
vibration.
Another type of performance testing is the periodic testing of operating devices
to determine needs for maintenance. Utilities normally perform this type of testing in
power plants to make sure that the efficiencies of large pumps, heat exchangers, and
other components are adequate. Poor performance will lead to maintenance actions.
Instruments may be in place for such tests, but they may need repair, and supplemen­
tary instruments may be required at the time of the tests. Commissioning of process
plants may also involve extensive but standardized testing to demonstrate confor­
mance to design specifications.
Measuring systems for performance testing are generally established devices with
well-defined characteristics. The systems need to be reliable, and significant interpretation
of ambiguities in the measured values should not be required since the people per­
forming the tests are often technicians.
Often, professional engineering organizations such as the American Society of
Mechanical Engineers (ASME), the Institute of Electrical and Electronic Engineers
(IEEE) , and the International Society of Automation (ISA) have established detailed
procedures for performance testing.
 1 .3 Di mensions and U n its 3

1 . 1 .2 Measureme nt in Operationa l Systems

Many dynamic systems are instrumented for monitoring or control purposes. Such
systems range from simple furnaces for home heating to extremely complex jet aircraft.
One very sophisticated but everyday measurement and control system is the engine
control system of modem automobiles. These systems have sensors to measure vari­
ables such as airflow, engine speed, water temperature, and exhaust gas composition
and use a computer to determine the correct fuel flow rate. These engine control sys­
tems are very compact and are specially engineered for the particular application.
Elaborate measurement and control systems are needed in complex process
plants such as oil refineries, steam power plants, and sewage treatment facilities. Such
systems may have hundreds of sensors and use computers to collect and interpret the
data and control the process. This particular class of applications is so large that it is a
specialized field in its own right, called process control. While the complete measuring
systems for such applications are specifically engineered, the components are generally
modular and standardized.
Instrumentation for operating systems must be very durable and reliable. Sen­
sors that need to be calibrated very frequently would present major problems in
these applications. In many cases, the measuring systems have to be designed such
that by redundancy or other techniques, a failed component can be readily identified
so that the operating system can continue to operate correctly or at least be safely
shut down.

1 .2 OBJECTIVE AND OVERVIEW

The objective of this book is to provide the reader with the skills necessary to perform
an engineering experiment systematically-from the definition of the experimental
need to the completion of the final report. A systematic approach includes careful
planning and analytical design of the experiment before it is constructed, demonstra­
tion of the validity of the test apparatus, analysis of the test results, and reporting of the
final results. The emphasis is on the design of the experiment and the analysis of the
results; however, guidance is given on other activities. Chapters 2 through 11 provide
the technical information necessary to design an experimental system and interpret the
results. This information is also applicable to the design of the measurement (but not
control) systems of process plants. Chapter 12 provides an overview of the overall
experimental design process and provides guidelines on planning, designing, schedul­
ing, and documenting experimental projects.

1 .3 D I MENSIONS AND U N ITS

The International System of Units (SI) is the most widely used unit system in the
world, due to its consistency and simplicity. However, in the United States and some
other countries, a unit system based on the old British unit system is still widely used.
Product specifications and data tables are frequently given in British units. For exam­
ple, the range of a pressure measurement device might be specified in pounds per
4 Chapter 1 I ntroduction

square inch (psi). To assist the reader in developing capabilities in both unit systems,
both SI and British units systems are used in example problems in this book.
The physical world is described with a set of dimensions. Length, mass, time,
and temperature are dimensions. When a numerical value is assigned to a dimension,
it must be done in a unit system. For example, we can describe the temperature
(dimension) of an ice-water mixture in either the SI unit system (O°C) or the British
unit system (32°F). International conferences have established a set of SI base units.
Table 1.1 lists the base SI units and the corresponding British units. T here are two
additional base units, the candela for light intensity and the mole for the amount of a
substance, but these units are not used in this book. Each of these base units has a
corresponding standard such that all users of the unit can compare their results. Stan­
dards are discussed in Chapter 2.
Other engineering quantities, such as force and power, are related to the dimen­
sions of the base units through physical laws and definitions. The dimension of force is
defined by Newton's second law:
m
=-a
gc
F (1.1)

where F is force, m is mass, and a is acceleration. gc is a proportionality constant, which

depends on the unit system. In the SI unit system, the unit of force is the newton (N)
and is defined as the force exerted on a I-kg mass to generate an acceleration of 1 mls2•
In the SI system, gc has a value of unity. In the British unit system, the unit of force is

gravitational acceleration of 32.174 ft/sec2 . In this case, the value of gc has to be taken
the pound force (lbf) and is defined as the force exerted on a l-lb mass at the standard

as 32.174 lbm-ft/lbf-sec2 .
In this book, in equations based on Newton's second law, the constant gc is taken
to be unity and does not appear in the equations. All equations will produce a dimen­
sionally correct result if the SI system of units is used properly. Sometimes in the

When the slug is used to define mass, the constant gc is also unity. Unfortunately, the
British system, mass is specified using a unit called the slug, defined as 32.174 Ibm.

slug is not a widely used unit, and most British-unit data tables and specifications use
Ibm for the mass unit. Consequently, mass numbers supplied in Ibm must be converted
by dividing by the constant 32.174 when using them in equations in this book. Another
characteristic of the British unit system is that two units are used for energy. In

Btu. The conversion factor is 1 Btu = 778 ft-lbf.

mechanical systems, the unit of energy is the ft-lbf, while in thermal systems, it is the

TABLE 1.1 Base SI and British Units

Dimension SI unit British unit

Mass kilogram (kg) pound mass (Ibm)
Length meter (m) foot (ft)
Time second (s) second (s)
Temperature Kelvin (K) Rankine degree eR)
Electric current ampere (A) ampere (A)
 Problems 5

When using any unit system, great care is required to make sure that the units are
consistent, particularly with British units. It is recommended that a units check be per­
formed for all calculations using British units.

1 .4 CLOSURE
In engineering in general, one gains a lot of expertise from experience- doing things
and finding out what works and what does not. In experimental work this is even more
true. It is virtually impossible to document all of the many subtleties of performing an
engineering experiment. Quality engineering experimentation takes care, it takes time,
and it takes patience.

PRO BLE MS
Use conversion factors to make the following changes of units (see inside front cover):
1.1 Force conversion:
(a) The weight of a person is 175 pounds. Convert this weight to newton.
(b) A magnetic force is measured at 1200 dyn. Convert this force to lbf and newtons.
(c) The force exerted on a spring is 10 newtons. Convert it to dyne and lbf.
1.2 Pressure conversion:
(a) The pressure in an automobile tire is 30 psig. Convert this pressure to bar and atm.
(b) A compressor is producing compressed air at 10 bars. Convert this pressure to psi,
atm, inches of mercury, and meters of water.
(c) Convert 50 cm of water pressure to bars, psi, and inches of mercury.
1.3 Energy conversion:
(a) The electrical energy use of a household is 750 kWh each month. Convert this energy
usage to Btu, kcalories, and joules.
(b) A gas water heater is using 50,000 Btu each day. Convert this energy use to joules,
kcal, and fUhf.
(c) It takes 250 kcal to heat a pot of water. Convert this energy use to Btu, calories, and
joules.
1.4 Power conversion:
(a) An automobile is rated at 150 hp. Convert this power to kW, fUbf/sec, and Btu/sec.
(b) A truck is rated at 400 kW. Convert this power to hp, fUbf/sec, and Btu/sec.
(c) A water heater is rated at 40,000 Btu/hr. Convert its rating to kW.
1.5 Temperature conversion:
(a) What is 50°F in degrees °C?
(b) What is 150°C in degrees OF?
(c) Water temperature is raised by 40°C. Convert this rise in temperature to degrees
Kelvin, Fahrenheit and Rankine.
(d) The change in air temperature is 30°F in a day. Convert this change in temperature to
Kelvin, Celsius and Rankine degrees.
6 Chapter 1 Introduction

L6 Volume conversion:
(a) Convert 4 gallons to liters, cm3 and ft3 .
(b) Convert 10 liters to gallons, cm3 and ft3 .
(c) Convert 5 ft3 to gallons, em3 and liter.
1.7 The air gas constant is 53.34 ft.lbfnbm.°R. Convert this constant to Btullbm.oR,
joules/kg.K, and kcallkg.K.
1.8 The universal gas constant is 1 .986 Btullb mole. OR. Convert this constant to kcal/kg
mole.K, ft.lbf/lIb mole. oR, and joules/kg mole K.
1.9 The thermal conductivity of aluminum is 200 W/m.oC. Convert this value to Btulhr.ft.oP
and kcaVsec.m.oC
1.10 The thermal conductivity of copper is 50 Btu/h.ft. oF. Convert this value to W/m.oC and
cal/sec.m.°c.
 CHAPTER

Ge n eral Characteri stics

of M eas ure m e nt
Syste m s

A necessary part of planning an experiment is to determine the specifications for the

required measurement systems. The characteristics of many specific measuring devices
are detailed in Chapters 8 to 10. In this chapter, significant general characteristics of
measurement systems are described and definitions are provided for common descrip­
tive terms.

2.1 GENERALIZED M EASU RE M E NT SYSTEM

In any experiment the experimenter seeks to obtain numerical values for certain phys­
ical variables. These unknown variables are known as measurands. Examples of mea­
surands include temperature, velocity, and voltage. The measurement system senses the
measurand and produces a unique numerical value that describes the measurand. In
most cases, the measurement system can be viewed as consisting of three subsystems.
As shown in Figure 2.1 , these three subsystems are the sensing element, the signal mod­
ification subsystem, and the recording or indicating device. The sensing element has a
significant physical characteristic that changes in response to changes in the measur­
and. The signal modification subsystem changes the output of the sensing element in
some way to make it more suitable for the indicating or recording device. If the user
simply reads the output and perhaps copies it to paper, the final device is an indicator.
If the output value is saved automatically in some way, the final device is a recorder. A
measurement system may have both an indicating device and a recording device. In
modern measurement systems, this final stage is often a computer, which can not only
display and record the data but can also manipulate the data mathematically.

r--- modification f-+ recorder

Measurand Signal
FIGURE 2.1
Sensing Indicator or
element subsystem
Generalized measurement system.

7
 \
\

8 Chapter 2 Genera l Cha racteristics of Measurement Systems

Stem

10

Scale
Mercury

FIGURE 2.2 Bulb

Mercury-in-glass thermometer.

A simple example of a measurement system is a common mercury-in-glass ther­

mometer (Figure 2.2), which could be used to measure the temperature of water in a
container. In this device, the volume of the mercury in the bulb depends on the tem­
perature of the mercury. If the bulb has been in contact with the water for a sufficient
time, the mercury will have the same temperature as the surrounding fluid. Hence a
measurement of the volume of the mercury can be used to determine the temperature
of the water. Unfortunately, it is very difficult to measure the small change in volume of
the mercury. If the mercury had the shape of a sphere, the change in diameter would be
very small. Therefore, signal modification is required. For the thermometer, signal
modification is accomplished by connecting the bulb to the stem. The inside diameter
of the stem is very small relative to the diameter of the bulb, and although the change
in mercury volume is small, this small change in volume produces a large change in
length of the stem mercury column. Actually, the displacement of mercury in the stem
is proportional to the differential thermal expansion between the mercury and the
glass envelope. Finally, an indicating device is required. In the case of the thermometer,
this is accomplished with a scale that is either next to the glass stem or engraved on it
directly.
These three subsystems are quite obvious in most measuring devices. This is par­
ticularly true for modern measurement systems using electrical output-sensing devices,
in which the three subsystems are often physically separate devices. There are, how­
ever, some common measuring systems in which all three subsystems are difficult to
identify or the components are combined.

2.2 VALI DITY OF M EASUREMENT

It is very important to the experimenter that the output of a measurement system truly
states the actual value of the measurand. That is, the experimenter must be convinced
that the output of the measurement system is valid. Of course, no measurement system
 2.2 Va l i d ity of Measurement 9

is perfect- there will always be some deviation between the actual value of the mea­
surand and the measurement system output. This deviation must simply be small
enough that the output can be used for its intended purpose. Generally speaking, the
smaller the allowed deviation, the more expensive will be the measurement system.

2.2. 1 Measurement Error and Related Definitions

Several standard terms are used to specify the validity of a measurement. The error of
a measurement is defined as the difference between the measured value and the true
value of the measurand:
error = measured value - true value
Error in this technical usage does not imply that there is any mistake in the measure­
ment process, although mistakes can cause errors. Normally, the experimenter can
never really know the error of a measurement. If the true value of the measurand were
known, there would be no need to make the measurement (except in the process of
calibration, where measurements are made of measurands whose values are indepen­
dently known). What the experimenter can estimate, however, is the uncertainty inter­
val (or simply uncertainty) of the measurement. The uncertainty is an estimate (with
some level of confidence) of the limits of error in the measurement. For example, it
might be stated that with 95% confidence, the uncertainty of a voltage measurement is
±1 volt. This means that the error will be greater than 1 V in less than 5 % of the cases
where we have made such uncertainty predictions. Narrow uncertainty intervals are
usually achieved by using calibrated, high-quality measuring systems.
Errors in experiments generally fall into two categories: systematic errors (some­
times called fixed or bias errors) and random errors (sometimes called precision
errors). Although both types of error degrade the validity of the data, their causes are
different and different actions must be taken to minimize them.
Systematic errors are consistent, repeatable errors. For example, a measuring sys­
tem might give a consistent 10% high reading. In other cases, the output might be the
same absolute amount low for all readings. In general, if the same measuring system is
used in the same way more than once to measure the same value of the measurand, the
systematic error will be the same each time.
The first major source of systematic error is that resulting from calibration of the
measurement system. If the calibration process has some error, that error will be car­
ried into the measurement as a systematic error. Even the most exact calibration will
result in a residual systematic error. These are known as calibration errors. One very
common source of calibration systematic error is nonlinearity. Many modem systems
are treated as if they have a linear relationship between the input and the output, and
the actual nonlinearity of the system will cause errors.
The second major source of systematic error results from the use of a measuring
system in a particular application where the insertion of the measuring device alters the
measurand. For example, connecting a temperature-measuring device to a surface may in
fact change the local temperature of the surface. Such errors are known as loading errors.
As another example, consider placing a mercury-in-glass thermometer into a beaker of
water. If the beaker and the thermometer are initially at different temperatures, energy
10 Chapter 2 Genera l Cha racteristics of Measurement Systems

will be exchanged between them, and the measured temperature will be neither the ini­
tial water temperature nor the initial thermometer temperature (but usually closer to the
water temperature). The thermometer is an intrusive measurement device and produces
a significant loading error. Some measuring devices with negligible loading errors are
called nonintrusive. For example, devices are available that measure temperature by
sensing the infrared radiation emitted. Such a device would have a negligible effect on
the measured temperature and is said to be nonintrusive.
A third major systematic error results because the measuring system is affected
by variables other than the measurand. For example, a thermometer used to measure
the air temperature in a room will read too low, due to thermal radiation effects, if the
walls are cooler than the air. A related error is the spatial error. If the measurand varies
in a spatial region and yet a single measurement or a limited number of measurements
are used to determine the average value for the region, there will be a spatial error.
Systematic errors are often not obvious to the experimenter - the measuring sys­
tem will show clear and consistent changes in output following changes in the measur­
and, yet it will still have significant error. In setting up an experiment, considerable
time may be required to detect and minimize systematic errors. Systematic errors in
the measuring system may be detected and reduced by the process of calibration, dis­
cussed later. Some systematic errors caused by using the measuring system in a partic­
ular application may be reduced by analytical correction of the data for unwanted
effects.
Random errors are those caused by a lack of repeatability in the output of the mea­
suring system. The distinction between systematic and random errors is shown graphi­
cally in Figure 2.3. The scatter in the data represents random error, and the deviation
between the average of the readings and true value demonstrates the systematic error.
The random error in a single measurement can be estimated as the difference between
the single reading and the average of all readings of the same value of measurand:

random error = reading - average of readings

which distinguishes the random error from the systematic error. The systematic error
can be estimated by using the following equation:

systematic error = average of readings - true value

For these estimates of systematic and random errors to be reasonable, the number of
readings forming the average must be large enough to eliminate the effects of random
error in individual measurements on the average.

Range of

�. j' 'j
True value random error

FIGURE 2.3
.
,.1.-------+i.1 � Measurand
)( )()( )( )( )( )(

Distinction between systematic Systematic error Average of

and random errors. measured values
 2.2 Val i d ity of Measurement 11

Random errors can originate from the measuring system itself, from the experi­
mental system, or from the environment. Random errors are usually caused by uncon­
trolled variables in the measurement process. For example, the performance of an
amplifier may be slightly sensitive to its temperature. If we do not measure or control
the temperature, performance measurements may show a certain variability or scatter.
One very important environmental cause of random error is electrical noise. Experi­
ments and measuring systems normally operate in a sea of electric and magnetic fields
caused by sources such as building wiring and local radio stations. These electric and
magnetic background fields can affect readings by randomly altering voltages in mea­
suring systems and connecting wiring.
Random errors can often be minimized by eliminating uncontrolled variables or
properly shielding or grounding the measuring system. Remaining random errors may
be amenable to statistical analysis -for example, a large number of readings can be
averaged. Statistical analysis of data is discussed in detail in Chapter 6. Example 2.1
shows how to estimate the systematic and maximum random errors for a calibration test
of a voltmeter.

Example 2.1
In a calibration test, 10 measurements using a digital voltmeter have been made of the voltage of
a battery that is known to have a true voltage of 6.11 V. The readings are: 5.98, 6.05, 6.10, 6.06,
5.99, 5.96, 6.02, 6.09, 6.03, and 5.99 V. Estimate the systematic and maximum random errors
caused by the voltmeter.
Solution: First, determine the average of the 10 readings:

average V = 6.03

Then the estimate of the systematic error is computed as follows:

systematic error = average value - true value = 6.03 - 6.1 1 = -0.08 V

To estimate the maximum random error, we need to determine the reading that deviates the
most from the average reading. This is the reading of 5.96 V. The maximum precision error is thus

maximum random error = 5.96 - 6.03 = -0.07 V

Comment: It should be noted that this simple statement of maximum random error may not
adequately describe random errors in a measuring system. For example, it may be based on a
single bad reading. Statistical methods described in Chapters 6 and 7 provide procedures to
determine random errors, which include all of the readings and also provide a basis to eliminate
certain bad data.

A measuring system is only designed to operate over a specified range of mea­

surands. The range of a measuring system describes the values of the measurand to
which that measuring system will respond properly -values of the measurand out­
side the range are not expected to produce useful output. For example, a voltmeter
may have a range of 0 to 10 V and would not give a correct response to measurands
of - 5 or 13 V. The span of a measuring system is the difference between the upper
12 Chapter 2 Genera l Characteristics of Measurement Systems

and lower values of the range. For example, a voltmeter with a range of ±3V has a
span of 6 V.
Accuracy, defined as the closeness of agreement between a measured value and
the true value, is a common term used to specify uncertainty. Measuring device manu­
facturers frequently state a value for accuracy as part of the device specifications.
Although the term accuracy is generally used, it is really the inaccuracy that is speci­
fied. As commonly used, manufacturer specifications of accuracy describe residual
uncertainty that exists when a device has been properly adjusted and calibrated and is
used in a specified manner. Accuracy specifications generally include residual system­
atic and random errors in the measuring system itself. Accuracy might be given for
either a component of a measuring system (e.g., a sensor) or for a complete system and
is most often specified as a percentage of full-scale output. For example, if the output
of a device can range from 0 to 5 V, and the accuracy is stated as ±5 % of full scale, the
uncertainty is ±O.25 V, regardless of the reading. The procedure to determine accuracy
is described in Section 2.2.2 and is based on information in ANSIIISA (1979). If more
than one component is used in the measurement of a single measurand, a combined
uncertainty must be determined. Methods to estimate overall or total uncertainty are
described in Chapter 7.
As Figure 2.4 shows for a typical measuring device with an accuracy of ±5% of
full scale, at readings below full scale, the percent uncertainty in the reading will be
greater than 5 % . At readings toward the lower end of the range, the percent uncer­
tainty might be completely unsatisfactory. This problem with high uncertainty at the
low end of the range is a major concern in selecting a measuring system. To minimize
uncertainty, the experimenter should select measuring systems such that important
readings will fall in the middle to upper portions of the range. For example, it would
adversely affect uncertainty if a O-to-200°C thermometer were used to measure a room
temperature around 20°e. A 0 to 30°C thermometer would be far more appropriate.
There are other statements of accuracy, such as an accuracy stated as a percent of
reading. Manufacturers of high-quality measuring systems and components will nor­
mally give enough information about their products so that the experimenter can
determine the uncertainty in the measurement that is due to the measuring system
itself. The experimenter may have to enlarge the uncertainty interval to account for
other error sources that result from the specific application.

---.

�u 120

2
'"
100

0 80
....

e: 60
<Ll

.�<Ll 40

0
'Q
.... 20
':i
;-
0
-20
FIGURE 2.4 0 0 20 40 60
Accuracy as a percentage of full scale. Value of measurand ("10 of full scale)
 2.2 Va l i d ity of Measurement 13

Precision is another term frequently used to describe a measuring system or

component and characterizes the random error. A highly precise measuring system
will give the same value each time it is read, but it may not be very accurate -it may
simply give the same inaccurate answer each time the measurement is made. In gen­
eral, the accuracy of a measuring system cannot be any better than the measurement
constraints provided by the instrument precision (although it can be much worse) .
Accuracy and precision are overall characteristics that describe the validity of mea­
surement. Each characteristic is determined by a number of specific sources of uncer­
tainty (errors).
In measuring devices, accuracy is often degraded by a phenomenon known as
hysteresis. As shown in Figure 2.5, for the same value of the measurand, different out­
put readings may be obtained if the measurand was increasing prior to taking the read­
ing than if the measurand was decreasing. Hysteresis is caused by such effects as
friction, mechanical flexure of internal parts, and electrical capacitance. Errors due to
hysteresis are known as hysteresis errors. If a measurement is repeated in exactly the
same manner, errors due to hysteresis would be repeatable and hence would be con­
sidered systematic errors. However, in common measuring processes, the experimenter
generally may not know if the measurand was increasing or decreasing when a mea­
surement was made. Hence, the effect of hysteresis will appear random. However,
when estimating total uncertainty, it is normally conservative to treat hysteresis errors
as a systematic error. Hysteresis error is usually a component of the instrument manu­
facturers' specification of accuracy.
Another important characteristic of a measuring system is the resolution. If a
measurand is varied continuously, many measurement devices will show an output
that changes in discrete steps. This inability of the measurement system to follow
changes in the measurand exactly results in a resolution error. Resolution is usually
treated as a random error. Internal characteristics of a measuring system may limit
resolution. The sensing element itself may not produce a continuous output with a
smoothly varying measurand. A wirewound potentiometer (a position-sensing device,
discussed in Chapter 8) may have a step type of output. Many digital instruments con­
tain an analog-to-digital converter (discussed in Chapter 4), which places well-defined
limits on resolution. Most modem instruments have a digital output display, which
will result in a resolution error. If, for example, the digital output device has a reading
of 1 .372, the reading resolution is simply a value of 1 in the last (least significant) digit.

Measurand
decreasing

Measurand
increasing
FIGURE 2 . 5
Value of measurand Effect o f hysteresis o n instrument reading.
14 Chapter 2 Genera l Cha racteristics of Measurement Systems

If the device rounds off values, the resolution uncertainty will be in the least signifi­
cant digit.
In instruments in which the output is read by comparing a pointer to a scale, the
ability to resolve a value of the measurand is limited by a characteristic called the scale
readability. For example, the thermometer shown in Figure 2.2 has a tick mark every
degree. One might think that there may be a maximum uncertainty in reading the ther­
mometer of ±0.5 degree (reading to the nearest tick mark). However, the human eye can
visually interpolate in the interval between the tick marks -perhaps breaking the inter­
val into five parts. The error due to readability may thus be only ±0.2 degree. Regardless
of the spacing of the ticks, the human eye will find it difficult to discriminate differences
of less than 0.01 in. (Sweeney, 1953). The manufacturer of the measuring system may well
take the output resolution or readability into account in designing the device -the reso­
lution may, in fact, reflect the accuracy of the device. It is pointless to be able to resolve a
reading to an interval that is smaller than the uncertainty interval of the measurement.
Repeatability is the ability of a device to produce the same output reading when
the same measurand is applied using the same procedure. Inability to repeat a mea­
surement exactly, a random error known as repeatability error, is usually a component
of the manufacturers' specification of instrument accuracy. It should be noted that hys­
teresis is not a cause of repeatability error - hysteresis is a separate error. The concept
of random error of a measurement is more general than measuring device repeatabil­
ity and may include variable factors in the measurement process not caused by the
measurement device, such as variation of uncontrolled parameters.
Although not a requirement for a measurement system, it is highly desirable that
it have a linear relationship between input and output, as shown in Figure 2.6. This
means that the change in output is proportional to the change in the value of the mea­
surand. A linear response is particularly useful since it simplifies the process of calibra­
tion, or checking that the instrument has low error. If it is known that the sensor is
basically linear and has good precision, only two points in the span need to be checked.
A highly nonlinear device must be calibrated at several points. Deviation from true lin­
earity when linearity is assumed is a systematic error called linearity error.
Linearity error is usually a component of the specification of accuracy. There are
a number of ways to determine a linearity specification, and these are presented in
ANSI/ISA (1979). In the method that determines terminal-based linearity, a line is

120 Terminal-point-based
straight line
Actual

1.- .30
FIGURE 2.6 T _0
0 20 40 80
Example of nonlinearity and zero offset. Zero offset Value of measurand (% of full scale)
Exploring the Variety of Random
Documents with Different Content
THE TEMPLE PRESS, PRINTERS, LETCHWORTH
 FOOTNOTES:

[1] It was said in 18 Car. II. (1666) that "the king by the common law hath a
general prerogative over the printing press; so that none ought to print a book for
public use without his license." This seems, however, to have been in the
argument of counsel; but the court held that a patent to print law-books
exclusively was no monopoly. Carter's Reports, 89. "Matters of state and things
that concern the government," it is said in another case, "were never left to any
man's liberty to print that would." 1 Mod. Reps. 258. Kennet informs us that
several complaints having been made, of Lilly's Grammar, the use of which had
been prescribed by the royal ecclesiastical supremacy, it was thought proper in
1664 that a new public form of grammar should be drawn up and approved in
convocation, to be enjoined by the royal authority. One was accordingly brought in
by Bishop Pearson, but the matter dropped. Life of Charles II. 274.
[2] We find an order of council, June 7, 1660, that the stationers' company do
seize and deliver to the secretary of state all copies of Buchanan's History of
Scotland, and De Jure Regni apud Scotos, "which are very pernicious to monarchy,
and injurious to his majesty's blessed progenitors." Kennet's Register, 176. This
was beginning early.
[3] Commons' Journals, July 29, 1661.
[4] 14 Car. II. c. 33.
[5] State Trials, vii. 929.
[6] This declaration of the judges is recorded in the following passage of the
London Gazette, May 5, 1680: "This day the judges made their report to his
majesty in council, in pursuance of an order of this board, by which they
unanimously declare that his majesty may by law prohibit the printing and
publishing of all news-books and pamphlets of news whatsoever not licensed by
his majesty's authority, as manifestly tending to the breach of the peace and
disturbance of the kingdom. Whereupon his majesty was pleased to direct a
proclamation to be prepared for the restraining the printing of news-books and
pamphlets of news without leave." Accordingly such a proclamation appears in the
Gazette of May 17.
[7] State Trials, vii. 1127; viii. 184, 197. Even North seems to admit that this was
a stretch of power. Examen, 564.
[8] State Trials, viii. 163.
[9] It seems that these warrants, though usual, were known to be against the law.
State Trials, vii. 949, 956. Possibly they might have been justified under the words
of the licensing act, while that was in force; and having been thus introduced,
were not laid aside.
[10] Kennet's Charles II. 277.
[11] State Trials, vi. 837.
[12] Ralph, 297; North's Examen, 139; Kennet, 337. Hume of course pretends that
this proclamation would have been reckoned legal in former times.
[13] "Sir Hugh Wyndham and others of the grand jury of Somerset were at the
last assizes bound over, by Lord Ch. J. Keeling, to appear at the K. B. the first day
of this term, to answer a misdemeanour for finding upon a bill of murder, 'billa
vera quoad manslaughter,' against the directions of the judge. Upon their
appearance they were told by the court, being full, that it was a misdemeanour in
them, for they are not to distinguish betwixt murder and manslaughter; for it is
only the circumstance of malice which makes the difference, and that may be
implied by the law, without any fact at all, and so it lies not in the judgment of a
jury, but of the judge; that the intention of their finding indictments is, that there
might be no malicious prosecution; and therefore, if the matter of the indictment
be not framed of malice, but is verisimilis, though it be not vera, yet it answers
their oaths to present it. Twisden said he had known petty juries punished in my
lord Chief Justice Hyde's time, for disobeying of the judge's directions in point of
law. But, because it was a mistake in their judgments rather than any obstinacy,
the court discharged them without any fine or other attendance." Pasch. 19 Car.
2; Keeling; Ch. J. Twisden, Wyndham, Morton, justices; Hargrave MSS. n. 339.
[14] Journals, 16th Oct. 1667.
[15] State Trials, vi. 967.
[16] Vaughan's Reports; State Trials, v. 999.
[17] See Hargraves' judicious observations on the province of juries. State Trials,
vi. 1013.
[18] Those who were confined by warrants were forced to buy their liberty of the
courtiers; "Which," says Pepys (July 7, 1667), "is a most lamentable thing that we
do professedly own that we do these things, not for right and justice' sake, but
only to gratify this or that person about the king."
[19] State Trials, vi. 1189.
[20] Commons' Journals. As the titles only of these bills are entered in the
Journals, their purport cannot be stated with absolute certainty. They might,
however, I suppose, be found in some of the offices.
[21] Parl. Hist. 661. It was opposed by the court.
[22] In this session (Feb. 14) a committee was appointed to inspect the laws, and
consider how the king may commit any subject by his immediate warrant, as the
law now stands, and report the same to the house, and also how the law now
stands touching commitments of persons by the council-table. Ralph supposes (p.
255) that this gave rise to the habeas corpus act, which is certainly not the case.
The statute 16 Car. I, c. 10, seems to recognise the legality of commitments by
the king's special warrant, or by the privy council, or some, at least, of its
members singly; and I do not know whether this, with long usage, is not sufficient
to support the controverted authority of the secretary of state. As to the privy
council, it is not doubted, I believe, that they may commit. But it has been held,
even in the worst of times, that a warrant of commitment under the king's own
hand, without seal, or the hand of any secretary, or officer of state, or justice, is
bad. 2 Jac. II. B. R. 2 Shower, 484.
[23] In the Parliamentary History, 845, we find a debate on the petition of one
Harrington to the Commons in 1677, who had been committed to close custody by
the council. But as his demeanour was alleged to have been disrespectful, and the
right of the council to commit was not disputed, and especially as he seems to
have been at liberty when the debate took place, no proceedings ensued; though
the commitment had not been altogether regular. Ralph (p. 314) comments more
severely on the behaviour of the house than was necessary.
[24] 31 Car. II. c. 2.
[25] The puisne judges of the common pleas granted a habeas corpus, against
the opinion of Chief-Justice Vaughan, who denied the court to have that power.
Carter's Reports, 221.
[26] The court of King's Bench directed a habeas corpus to the governor of Jersey,
to bring up the body of Overton, a well-known officer of the commonwealth, who
had been confined there several years. Siderfin's Reports, 386. This was in 1668,
after the fall of Clarendon, when a less despotic system was introduced.
[27] See the Lords' questions and answers of the judges in Parl. Hist. xv. 898; or
Bacon's Abridgment, tit. Habeas Corpus; also Wilmot's Judgments, 81. This arose
out of a case of impressment, where the expeditious remedy of habeas corpus is
eminently necessary.
[28] 56 G. III. c. 100.
[29] It was ordered 21 Jan. 1549, that the eldest son of the Earl of Bedford should
continue in the house after his father had succeeded to the peerage. And, 9th
Feb. 1575, that his son should do so, "according to the precedent in the like case
of the now earl his father." It is worthy of notice that this determination, which, at
the time, seems to have been thought doubtful, though very unreasonably
(Journals, 10th Feb.), but which has had an influence which no one can fail to
acknowledge, in binding together the two branches of the legislature, and in
keeping alive the sympathy for public and popular rights in the English nobility
(that sensus communis, which the poet thought so rare in high rank) is first
recorded, and that twice over, in behalf of a family, in whom the love of
constitutional freedom has become hereditary, and who may be justly said to have
deserved, like the Valerii at Rome, the surname of Publicolæ.
[30] The form of appointing receivers and tryers of petitions, though intermitted
during the reign of William III. was revived afterwards, and finally not
discontinued without a debate in the House of Lords, and a division, in 1740. Parl.
Hist. xi. 1013.
[31] Hargrave, p. 60. The proofs are in the Lords' Journals.
[32] They were very rare after the accession of Henry V.; but one occurs in 10th
Hen. VI. 1432, with which Hale's list concludes. Hargrave's Preface to Hale, p. 7.
This editor justly observes, that the incomplete state of the votes and early
journals renders the negative proof inconclusive; though we may be fully
warranted in asserting that from Henry V. to James I. there was very little exercise
of judicial power in parliament, either civilly or criminally.
[33] 27th Eliz. c. 8.
[34] Lords' Journals, May 18, 1660.
[35] Commons' Journals, May 22.
[36] Lords' Journals, June 4, 6, 14, 20, 22 et alibi sæpe. "Upon information given
that some person in the late times had carried away goods from the house of the
Earl of Northampton, leave was given to the said earl, by his servants and agents,
to make diligent and narrow search in the dwelling-houses of certain persons, and
to break open any door or trunk that shall not be opened in obedience to the
order." June 26. The like order was made next day for the Marquis of Winchester,
the Earls of Derby and Newport, etc. A still more extraordinary vote was passed
August 16. Lord Mohun having complained of one Keigwin, and his attorney
Danby, for suing him by common process in Michaelmas term, 1651, in breach of
privilege of peerage, the house voted that he should have damages: nothing could
be more scandalously unjust, and against the spirit of the bill of indemnity. Three
presbyterian peer protested.
[37] They resolved, in the case of the Earl of Pembroke, Jan. 30, 1678, that the
single testimony of a commoner is not sufficient against a peer.
[38] Journals, Aug. 2 and 15, 1660.
[39] Id. July 29, 1661.
[40] Id. Oct. 31, 1665.
[41] For the whole of this business, which is erased from the journals of both
houses, see State Trials, v. 711; Parl. Hist. iv. 431, 443; Hatsell's Precedents, iii.
336; and Hargrave's Preface to Hale's Jurisdiction of the Lords, 101.
[42] Hale says, "I could never get to any precedent of greater antiquity than 3
Car. I. nay scarce before 16 Car. I. of any such proceeding in the Lords' house." C.
33, and see Hargrave's Preface, 53.
[43] Id. c. 31.
[44] It was ordered in a petition of Robert Roberts, Esq., that directions be given
to the lord chancellor that he proceed to make a speedy decree in the court of
chancery, according to equity and justice, notwithstanding there be not any
precedent in the case. Against this Lords Mohun and Lincoln severally protested;
the latter very sensibly observing, that whereas it hath been the prudence and
care of former parliaments to set limits and bounds to the jurisdiction of chancery,
now this order of directions, which implies a command, opens a gap to set up an
arbitrary power in the chancery, which is hereby countenanced by the House of
Lords to act, not according to the accustomed rules or former precedents of that
court, but according to his own will. Lords' Journals, 29th Nov. 1664.
[45] It was thrown out against them by the Commons in their angry conferences
about the business of Ashby and White, in 1704, but not with any serious
intention of opposition.
[46] C. J. May 30.
[47] Id. Nov. 19. Several divisions took place in the course of this business, and
some rather close; the court endeavouring to allay the fire. The vote to take
Sergeant Pemberton into custody for appearing as counsel at the Lords' bar was
only carried by 154 to 146, on June 1.
[48] Lords' Journals, Nov. 20.
[49] Lords' and Commons' Journals, May and November 1675; Parl. Hist. 721,
791; State Trials, vi. 1121; Hargrave's Preface to Hale, 135; and Hale's Treatise, c.
33.
It may be observed, that the Lords learned a little caution in this affair. An appeal
of one Cottington from the court of delegates to their house was rejected, by a
vote that it did not properly belong to them, Shaftesbury alone dissentient. June
17, 1678. Yet they had asserted their right to receive appeals from inferior courts,
that there might be no failure of justice, in terms large enough to embrace the
ecclesiastical jurisdiction. May 6, 1675. And it is said that they actually had done
so in 1628. Hargrave, 53.
[50] Parl. Hist. ii. 148.
[51] Id. 200.
[52] Id. 300 (43 Edw. 3).
[53] Rot. Parl. iii. 611; View of Middle Ages, ii. 310.
[54] 14 E. 3, stat. 1, c. 21. This statute is remarkable for a promise of the Lords
not to assent in future to any charge beyond the old custom, without assent of
the Commons in full parliament. Stat. 2, same year; the king promises to lay on
no charge but by assent of the Lords and Commons. 18 E. 3, stat. 2, c. 1; the
Commons grant two-fifteenths of the commonalty, and two-tenths of the cities
and boroughs. "Et en cas que notre signeur le roi passe la mer, de paier a mesmes
les tems les quinzisme et disme del second an, et nemy en autre maniere. Issint
que les deniers de ce levez soient despendus, en les besoignes a eux monstez a
cest parlement, par avis des grauntz a ce assignez, et que les aides de la Trent
soient mys en defense de north." This is a remarkable precedent for the usage of
appropriation, which had escaped me, though I have elsewhere quoted that in 5
Rich. 2, stat. 2, c. 2 and 3. In two or three instances, we find grants of tenths and
fifteenths in the statutes, without any other matter, as 14 E. 3, stat. 1, c. 20; 27 E.
3, stat. 1, c. 4.
[55] 7 H. 7, c. 11; 12 H. 7, c. 12.
[56] I find only one exception, 5 H. 8, c. 17, which was in the now common form:
Be it enacted by the king our sovereign lord, and by the assent, etc.
[57] In 37 H. 8, c. 25, both Lords and Commons are said to grant, and they pray
that their grant "may be ratified and confirmed by his majesty's royal assent, so to
be enacted and authorised by virtue of this present parliament as in such cases
heretofore has been accustomed."
[58] Commons' Journals, 24, 29 July; Lords' Journals, 30 July.
[59] They expressed this with strange latitude in a resolution some years after,
that all aids and supplies to his majesty in parliament are the sole gift of the
Commons. Parl. Hist. 1005. As they did not mean to deny that the Lords must
concur in the bill, much less that they must pay their quota, this language seems
indefensible.
[60] Lords' and Commons' Journals, April 17th and 22nd, 1679; Parl. Hist. iv. 480;
Hatsell's Precedents, iii. 109, 368, 409.
In a pamphlet by Lord Anglesea, if I mistake not, entitled, "Case stated of the
Jurisdiction of the House of Lords in point of Impositions," 1696, a vigorous and
learned defence of the right of the Lords to make alterations in money-bills, it is
admitted that they cannot increase the rates; since that would be to originate a
charge on the people, which they cannot do. But it is even said in the year-book
(33 H. 6) that if the Commons grant tonnage for four years, and the Lords reduce
the terms to two years, they need not send the bill down again. This of course
could not be supported in modern times.
[61] Parl. Hist. ii. 563.
[62] The principles laid down by Hatsell are: 1. That in bills of supply, the Lords
can make no alteration but to correct verbal mistakes. 2. That in bills, not of
absolute supply, yet imposing burthens, as turnpike acts, etc., the Lords cannot
alter the quantum of the toll, the persons to manage it, etc.; but in other clauses
they may make amendments. 3. That, where a charge may indirectly be thrown
on the people by a bill, the Commons object to the Lords making amendments. 4.
That the Lords cannot insert pecuniary penalties in a bill, or alter those inserted
by the Commons, iii. 137. He seems to boast that the Lords during the last
century have very faintly opposed the claim of the Commons. But surely they have
sometimes done so in practice, by returning a money-bill, or what the lower house
call one, amended; and the Commons have had recourse to the evasion of
throwing out such bill and bringing in another with the amendments inserted in it;
which does not look very triumphant.
[63] The last instance mentioned by Hatsell is in 1790, when the Lords had
amended a bill for regulating Warwick gaol by changing the rate to be imposed
from the landowners to the occupiers, iii. 131. I am not at present aware of any
subsequent case, but rather suspect that such might be found.
[64] See the case of the Earl of Arundel in parliament in 1626. In one instance the
house took notice that a writ of summons had been issued to the Earl of
Mulgrave, he being under age, and addressed the king that he would be pleased
to be sparing of writs of this nature for the future. 20th Oct. 1667. The king made
an excuse that he did not know the earl was much under age, and would be
careful for the future. 29th Oct.
[65] Though the proposition in the text is, I believe, generally true, it has occurred
to me since, that there are some exceptions in the northern parts of England; and
that both Sheffield and Manchester are among them.
[66] It is doubted by Mr. Merewether (arguendo) whether Edward and Mary
created so many new boroughs as appears; because the returns under Henry VII.
and Henry VIII. are lost. But the motive operated more strongly in the latter
reigns. West Looe Case, 80.
[67] 25 Car. 2, c. 9. A bill had passed the Commons in 1624 for the same effect,
but failed through the dissolution.
[68] Journals, 26th Feb. and 20th March 1676-7.
[69] Madox Firma, Burgi, p. 270 et post.
[70] The popular character of the elective franchise in early times has been
maintained by two writers of considerable research and ability; Mr. Luders,
Reports of Election Cases, and Mr. Merewether, in his Sketch of the History of
Boroughs and Report of the West Looe Case. The former writer has the following
observations, vol. i. p. 99: "The ancient history of boroughs does not confirm the
opinion above referred to, which Lord Chief Justice Holt delivered in the case of
Ashby v. White; viz. that inhabitants not incorporated cannot send members to
parliament but by prescription. For there is good reason to believe that the
elections in boroughs were in the beginning of representation popular; yet in the
reign of Edward I. there were not perhaps thirty corporations in the kingdom. Who
then elected the members of boroughs not incorporated? Plainly, the inhabitants
or burghers [according to their tenure or situation]; for at that time every
inhabitant of a borough was called a burgess; and Hobart refers to this usage in
support of his opinion in the case of Dungannon. The manner in which they
exercised this right was the same as that in which the inhabitants of a town, at
this day, hold a right of common, or other such privilege, which many possess
who are not incorporated." The words in brackets, which are not in the printed
edition, are inserted by the author himself in a copy bequeathed to the Inner
Temple library. The remainder of Mr. Luders's note, though too long for this place,
is very good, and successfully repels the corporate theory.
[71] The following passage from Vowell's treatise, on the order of the parliament,
published in 1571, and reprinted in Holingshed's Chronicles of Ireland (vi. 345)
seems to indicate that, at least in practice, the election was in the principal or
governing body of the corporation. "The sheriff of every county, having received
his writ, ought, forthwith, to send his precepts and summons to the mayors,
bailiffs, and head officers of every city, town corporate, borough, and such places
as have been accustomed to send burgesses within his county, that they do
choose and elect among themselves two citizens for every city, and two burgesses
for every borough, according to their old custom and usage. And these head
officers ought then to assemble themselves, and the aldermen and common
council of every city or town; and to make choice among themselves of two able
and sufficient men of every city or town, to serve for and in the said parliament."
Now, if these expressions are accurate, it certainly seems that, at this period, the
great body of freemen or inhabitants were not partakers in the exercise of their
franchise. And the following passage, if the reader will turn to it, wherein Vowell
adverts to the form of a county election, is so differently worded in respect to the
election by the freeholders at large, that we may fairly put a literal construction
upon the former. In point of fact, I have little doubt that elections in boroughs
were for the most part very closely managed in the sixteenth century, and
probably much earlier. This, however, will not by any means decide the question of
right. For we know that in the reigns of Henry IV. and Henry V. returns for the
great county of York were made by the proxies of a few peers and a few knights;
and there is a still more anomalous case in the reign of Elizabeth, when a Lady
Packington sealed the indenture for the county of Worcester. Carew's Hist. of
Elections, part ii. p. 282. But no one would pretend that the right of election was
in these persons, or supposed by any human being to be so.
The difficulty to be got over by those who defend the modern decisions of
committees is this. We know that in the reign of Edward I. more than one
hundred boroughs made returns to the writ. If most of these were not
incorporated, nor had any aldermen, capital burgesses and so forth, by whom
were the elections made? Surely by the freeholders, or by the inhabitants. And if
they were so made in the reign of Edward I. how has the franchise been
restrained afterwards?
[72] 4 Inst. 48; Glanville, pp. 53, 66. That no private agreement, or by-law of the
borough, can restrain the right of election, is laid down in the same book. P. 17.
[73] Glanville's case of Bletchingly, p. 33.
[74] This clause in an act imposing severe penalties on bribery, was inserted by
the House of Lords with the insidious design of causing the rejection of the whole
bill; if the Commons, as might be expected, should resent such an interference
with their privileges. The ministry accordingly endeavoured to excite this
sentiment; but those who had introduced the bill very wisely thought it better to
sacrifice a point of dignity, rather than lose so important a statute. It was,
however, only carried by two voices to agree with the amendment. Parl. Hist. viii.
754.
[75] Fox, Appendix, p. 8.
[76] "The legal method," says Burnet, "was to have made entries, and to have
taken bonds for those duties to be paid when the parliament should meet and
renew the grant." Mr. Onslow remarks on this, that he should have said, the least
illegal and the only justifiable method. To which the Oxford editor subjoins that it
was the proposal of Lord-Keeper North, while the other, which was adopted, was
suggested by Jefferies. This is a mistake. North's proposal was to collect the
duties under the proclamation, but to keep them apart from the other revenues in
the exchequer until the next session of parliament. There was surely little
difference in point of illegality between this and the course adopted. It was
alleged that the merchants, who had paid duty, would be injured by a temporary
importation duty free; and certainly it was inconvenient to make the revenue
dependent on such a contingency as the demise of the Crown. But this neither
justifies the proclamation, nor the disgraceful acquiescence of the next parliament
in it.
The king was thanked in several addresses for directing the customs to be levied,
particularly in one from the benchers and barristers of the Middle Temple. London
Gazette, March 11. This was drawn by Sir Bartholomew Shower, and presented by
Sir Humphrey Mackworth. Life of James, vol. ii. p. 17. The former was active as a
lawyer in all the worst measures of these two reigns. Yet, after the revolution,
they both became tory patriots, and jealous assertors of freedom against the
government of William III. Barillon, however, takes notice that this illegal
continuance of the revenue produced much discontent. Fox's Appendix, 39; and
Rochester told him that North and Halifax would have urged the king to call a
parliament, in order to settle the revenue on a lawful basis, if that resolution had
not been taken by himself. Id. p. 20. The king thought it necessary to apologise to
Barillon for convoking parliament. Id. p. 18; Dalrymple, p. 100.
[77] Dalrymple, p. 142. The king alludes to this possibility of a limited grant with
much resentment and threatening, in his speech on opening the session.
[78] Fox, Appendix, p. 93; Lonsdale, p. 5.
[79] For this curious piece of parliamentary inconsistency, see Reresby's Memoirs,
p. 113, and Barillon in the Appendix to Fox, p. 95. "Il s'est passé avant hier une
chose de grande conséquence dans la chambre basse: il fut proposé le matin que
la chambre se mettoit en comité l'après diner pour considérer la harangue du roy
sur l'affaire de la religion, et savoir ce qui devoit être entendu par le terme de
religion protestante. La résolution fut prise unanimement, et sans contradiction,
de faire une adresse au roy pour le prier de faire une proclamation pour
l'exécution des loix contre tous les nonconformistes généralement, c'est-à-dire,
contre tous ceux qui ne sont pas ouvertement de l'église Anglicane; cela enferme
les presbitériens et tous les sectaires, aussi bien que les catholiques Romains. La
malice de cette résolution fut aussitôt reconnu du roy d'Angleterre, et de ses
ministres; les principaux de la chambre basse furent mandés, et ceux que sa
majesté Britannique croit être dans ses intérêts; il leur fit une réprimande sévère
de s'être laissés séduire et entraîner à une résolution si dangereuse et si peu
admissible. Il leur déclara que, si l'on persistoit à lui faire une pareille adresse, il
répondroit à la chambre basse en termes si décisifs et si fermes qu'on ne
retourneroit pas à lui faire une pareille adresse. La manière dont sa majesté
Britannique s'explique produisit son effet hier matin; et la chambre basse rejeta
tout d'une voix ce que avoit été résolu en comité le jour auparavant."
The only man who behaved with distinguished spirit in this wretched parliament
was one in whose political life there is little else to praise, Sir Edward Seymour. He
opposed the grant of the revenues for life, and spoke strongly against the illegal
practices in the elections. Fox, 90, 93.
[80] Fox, Appendix, p. 156. "Provided always, and be it further enacted, that if
any peer of this realm, or member of the House of Commons, shall move or
propose in either house of parliament the disherison of the rightful and true heir
of the Crown, or to alter or change the descent or succession of the Crown in the
right line; such offence shall be deemed and adjudged high treason, and every
person being indicted and convicted of such treason, shall be proceeded against,
and shall suffer and forfeit as in other cases of high treason mentioned in this
act."
See what Lord Lonsdale says (p. 8) of this bill, which he, among others, contrived
to weaken by provisoes, so that it was given up.
[81] Parl. Hist. 1372. The king's speech had evidently shown that the supply was
only demanded for this purpose. The speaker, on presenting the bill for settling
the revenue in the former session, claimed it as a merit that they had not inserted
any appropriating clauses. Parl. Hist. 1359.
[82] Reresby, p. 110; Barillon, in Fox's Appendix, pp. 93, 127, etc. Le feu roi
d'Angleterre et celui-ci m'ont souvent dit, qu'un gouvernement ne peut subsister
avec une telle loi. Dalrymple, p. 171.
[83] This opinion has been well supported by Mr. Serjeant Heywood (Vindication
of Mr. Fox's History, p. 154). In some few of Barillon's letters to the King of
France, he speaks of James's intention établir la religion catholique; but these
perhaps might be explained by a far greater number of passages, where he says
only établir le libre exercice de la religion catholique, and by the general tenor of
his correspondence. But though the primary object was toleration, I have no
doubt but that they conceived this was to end in establishment. See what Barillon
says (p. 84); though the legal reasoning is false, as might be expected from a
foreigner. It must at all events be admitted that the conduct of the king after the
formation of the catholic junto in 1686, demonstrates an intention of overthrowing
the Anglican establishment.
[84] "Il [le roy] me répondit à ce que je venois de dire, que je connoissois le fond
de ses intentions pour l'établissement de la religion catholique; qu'il n'esperoit en
venir à bout que par l'assistance de V. M.; que je voyois qu'il venoit de donner des
emplois dans ses troupes aux catholiques aussi bien qu'aux protestans; que cette
égalité fâchoit beaucoup de gens, mais qu'il n'avoit pas laissé passer une occasion
si importante sans s'en prévaloir; qu'il feroit de même à l'égard des choses
practicables, et que je voyois plus clair sur cela dans ses desseins que ses propres
ministres, s'en étant souvent ouvert avec moi sans reserve."—P. 104. In a second
conversation immediately afterwards, the king repeated, "que je connoissois le
fond de ses desseins, et que je pouvois répondre que tout son but étoit d'établir la
religion catholique; qu'il ne perdroit aucune occasion de la faire ... que peu à peu
il va à son but, et que ce qu'il fait presentement emporte nécessairement
l'exercice libre de la religion catholique, qui se trouvera établi avant qu'un acte de
parlement l'autorise; que je connoissois assez l'Angleterre pour savoir que la
possibilité d'avoir des emplois et des charges fera plus de catholiques que la
permission de dire des messes publiques; que cependant il s'attendoit que V. M.
ne l'abandonneroit pas," etc. P. 106. Sunderland entered on the same subject,
saying, "Je ne sais pas si l'on voit en France les choses comme elles sont ici; mais
je défie ceux qui les voyent de près de ne pas connoître que le roy mon maître n'a
rien dans le cœur si avant que l'envie d'établir la religion catholique; qu'il ne peut
même, selon le bon sens et la droite raison, avoir d'autre but; que sans cela il ne
sera jamais en sûreté, et sera toujours exposé au zèle indiscret de ceux qui
échaufferont les peuples contre la catholicité, tant qu'elle ne sera pas plus
pleinement établie; il y a une autre chose certaine, c'est que ce plan là ne peut
réussir que par un concert et une liaison étroite avec le roi votre maître; c'est un
projet qui ne peut convenir qu'à lui, ni réussir que par lui. Toutes les autres
puissances s'y opposeront ouvertement, ou le traverseront sous main. On sait bien
que cela ne convient point au Prince d'Orange; mais s'il ne sera pas en état de
l'empêcher si on veut se conduire en France comme il est nécessaire, c'est-à-dire
ménager l'amitié du roy d'Angleterre, et le contenir dans son projet. Je vois
clairement l'appréhension que beaucoup de gens ont d'une liaison avec la France,
et les efforts qu'on fait pour l'affoiblir; mais cela ne sera au pouvoir de personne,
si on n'en a pas envie ce France; c'est sur quoi il faut que vous vouz expliquiez
nettement, que vous fassiez connoître que le roi votre maître veut aider de bonne
foi le roi d'Angleterre à établir fermement la religion catholique."
The word plus in the above passage is not in Dalrymple's extract from this letter.
Vol. ii. part ii. pp. 174, 187. Yet for omitting this word Serjeant Heywood (not
having attended to Dalrymple), censures Mr. Rose as if it had been done
purposely. Vindic. of Fox, p. 154. But this is not quite judicious or equitable, since
another critic might suggest that it was purposely interpolated. No one of common
candour would suspect this of Mr. Fox; but his copyist, I presume, was not
infallible. The word plus is evidently incorrect. The catholic religion was not
established at all in any possible sense; what room could there be for the
comparative? M. Mazure, who has more lately perused the letters of Barillon at
Paris, prints the passage without plus. Hist. de la Révol. ii. 36. Certainly the whole
conversation here ascribed to Sunderland points at something far beyond the free
exercise of the Roman catholic religion.
[85] It is curious to remark that both James and Louis considered the re-
establishment of the catholic religion and of the royal authority as closely
connected, and parts of one great system. Barillon in Fox, Append. 19, 57;
Mazure, i. 346. Mr. Fox maintains (Hist. p. 102) that the great object of the former
was absolute power rather than the interests of popery. Doubtless if James had
been a protestant, his encroachments on the rights of his subjects would not have
been less than they were, though not exactly of the same nature; but the main
object of his reign can hardly be denied to have been either the full toleration, or
the national establishment of the church of Rome. Mr. Fox's remark must, at all
events, be limited to the year 1685.
[86] Fox, Appendix, p. 33; Ralph, 869. The prosecution of Baxter for what was
called reflecting on the bishops, is an instance of this. State Trials, ii. 494.
Notwithstanding James's affected zeal for toleration, he did not scruple to
congratulate Louis on the success of his very different mode of converting
heretics. Yet I rather believe him to have been really averse to persecution;
though with true Stuart insincerity he chose to flatter his patron. Dalrymple, p.
177. A book by Claude, published in Holland, entitled Plaintes des Protestans
cruellement opprimés dans le royaume de France, was ordered to be burned by
the hangman, on the complaint of the French ambassador, and the translator and
printer to be enquired after and prosecuted. Lond. Gazette, May 8, 1686. Jefferies
objected to this in council as unusual; but the king was determined to gratify his
most christian brother. Mazure, ii. 122. It is said also that one of the reasons for
the disgrace of Lord Halifax was his speaking warmly about the revocation of the
edict of Nantes. Id. p. 55. Yet James sometimes blamed this himself, so as to
displease Louis. Id. p. 56. In fact, it very much tended to obstruct his own views
for the establishment of a religion which had just shown itself in so odious a form.
For this reason, though a brief was read in churches for the sufferers, special
directions were given that there should be no sermon. It is even said that he took
on himself the distribution of the money collected for the refugees, in order to
stop the subscription; or at least that his interference had that effect. The
enthusiasm for the French protestants was such that single persons subscribed
500 or 1000 pounds; which, relatively to the opulence of the kingdom, almost
equals any munificence of this age. Id. p. 123.
[87] It is well known that the House of Commons, in 1685, would not pass the bill
for reversing Lord Stafford's attainder, against which a few peers had entered a
very spirited protest. Parl. Hist. 1361. Barillon says, this was "parce que dans le
préambule il y a des mots insérés qui semblent favoriser la religion catholique;
cela seul a retardé la rehabilitation du Comte de Stafford dont tous sont d'accord à
l'égard du fond." Fox, App. p. 110. But there was another reason which might
have weight. Stafford had been convicted on the evidence, not only of Oates, who
had been lately found guilty of perjury, but of several other witnesses, especially
Dugdale and Turberville. And these men had been brought forward by the
government against Lord Shaftesbury and College, the latter of whom had been
hanged on their testimony. The reversal of Lord Stafford's attainder, just as we
now think it, would have been a disgrace to these Crown prosecutions; and a
conscientious tory would be loth to vote for it.
[88] "In all the disputes relating to that mystery before the civil wars, the church
of England protestant writers owned the real presence, and only abstracted from
the modus or manner of Christ's body being present in the eucharist, and
therefore durst not say but it might be there by transubstantiation as well as by
any other way.... It was only of late years that such principles have crept into the
church of England; which, having been blown into the parliament house, had
raised continual tumults about religion ever since. Those unlearned and fanatical
notions were never heard of till Doctor Stillingfleet's late invention of them, by
which he exposed himself to the lash, not only of the Roman catholics, but to that
of many of the church of England controvertists too." Life of James, ii. 146.
[89] See London Gazettes, 1685, passim: the most remarkable are inserted by
Ralph and Kennet. I am sure the addresses which we have witnessed in this age
among a neighbouring people are not on the whole more fulsome and disgraceful.
Addresses, however, of all descriptions, as we well know, are generally the
composition of some zealous individual, whose expressions are not to be taken as
entirely those of the subscribers. Still these are sufficient to manifest the general
spirit of the times.
The king's popularity at his accession, which all contemporary writers attest, is
strongly expressed by Lord Lonsdale. "The great interest he had in his brother, so
that all applications to the king seemed to succeed only as he favoured them, and
the general opinion of him to be a prince steady above all others to his word,
made him at that time the most popular prince that had been known in England
for a long time. And from men's attempting to exclude him, they, at this juncture
of time, made him their darling; no more was his religion terrible; his
magnanimous courage, and the hardships he had undergone, were the discourse
of all men. And some reports of a misunderstanding betwixt the French king and
him, occasioned originally by the marriage of the Lady Mary to the Prince of
Orange, industriously spread abroad to amuse the ignorant, put men in hopes of
what they had long wished; that, by a conjunction of Holland and Spain, etc., we
might have been able to reduce France to the terms of the Pyrenean treaty, which
was now become the terror of Christendom, we never having had a prince for
many ages that had so great a reputation for experience and a martial spirit."—P.
3. This last sentence is a truly amusing contrast to the real truth; James having
been, in his brother's reign, the most obsequious and unhesitating servant of the
French king.
[90] "On voit qu'insensiblement les Catholiques auront les armes à la main; c'est
un état bien différent de l'oppression où ils étoient, et dont les protestans zélés
recoivent une grande mortification; ils voyent bien que le roy d'Angleterre fera le
reste quand il le pourra. La levée des troupes, qui seront bientot complettes, fait
juger que le roy d'Angleterre veut être en état de se faire obéir, et de n'être pas
gêné par les loix qui se trouveront contraires à ce qu'il veut établir." Barillon in
Fox's Appendix, 111. "Il me paroit (he says, June 25), que le roy d'Angleterre a
été fort aisé d'avoir une prétexte de lever des troupes, et qu'il croit que
l'entreprise de M. le duc de Monmouth ne servira qu'à le rendre plus maître de
sons pays." And on July 30: "le projet du roy d'Angleterre est d'abolir entièrement
les milices, dont il a reconnu l'inutilité et le danger en cette dernière occasion; et
de faire, s'il est possible, que le parlement établisse le fond destiné pour les
milices à l'entretien des troupes réglées. Tout cela change entièrement l'état de ce
pays ici, et met les Anglois dans une condition bien différente de celle où ils ont
été jusques à present. Ils le connoissent, et voyent bien qu'un roy de différente
religion que celle du pays, et qui se trouve armé, ne renoncera pas aisément aux
avantages que lui donne la défaite des rebelles, et les troupes qu'il a sur pied."
And afterwards: "Le roi d'Angleterre m'a dit que quoiqu'il arrive, il conservera les
troupes sur pied, quand même le parlement ne lui donneroit pour les entretenir. Il
connoit bien que le parlement verra mal volontiers cet établissement; mais il veut
être assuré du dedans de son pays, et il croit ne le pouvoir être sans cela."
Dalrymple, 169, 170.
[91] Fox's App. 69; Dalrymple, 153.
[92] It had been the intention of Sunderland and the others to dissolve
parliament, as soon as the revenue for life should be settled, and to rely in future
on the assistance of France. Fox's App. 59, 60; Mazure, i. 432. But this was
prevented, partly by the sudden invasion of Monmouth, which made a new
session necessary, and gave hopes of a large supply for the army; and partly by
the unwillingness of the King of France to advance as much money as the English
government wanted. In fact, the plan of continual prorogations answered as well.
[93] Journals, Nov. 14. Barillon says that the king answered this humble address,
"avec des marques de fierté et de colère sur le visage, qui faisoit assez connôitre
ses sentimens." Dalrymple, 172. See too his letter in Fox, 139.
A motion was made to ask the Lords' concurrence in this address, which,
according to the journals, was lost by 212 to 138. In the Life of James, ii. 55, it is
said that it was carried against the motion by only four voices; and this I find
confirmed by a manuscript account of the debates (Sloane MSS. 1470), which
gives the numbers 212 to 208. The journal probably is mis-printed, as the court
and country parties were very equal. It is said in this manuscript, that those who
opposed the address, opposed also the motion for requesting the Lords'
concurrence in it; but James represents it otherwise, as a device of the court to
quash the proceeding.
[94] Coke, 12 Rep. 18.
[95] Vaughan's Reports; Thomas v. Sorrell, 333.
[96] Burnet and others. This hardly appears by Northey's argument.
[97] State Trials, xi. 1165-1280; 2 Shower's Reports, 475.
[98] The dissentient judge was Street; and Powell doubted. The king had privately
secured this opinion of the bench in his favour before the action was brought. Life
of James, ii. 79.
[99] State Trials, xi. 1132 et seq. The members of the commission were the
primate Sancroft (who never sat), Crew and Sprat, Bishops of Durham and
Rochester the chancellor Jefferies, the Earls of Rochester and Sunderland, and
Chief-Justice Herbert. Three were to form a quorum, but the chancellor
necessarily to be one. Ralph, 929. The Earl of Mulgrave was introduced
afterwards.
[100] Mazure, ii. 130.
[101] Henry Earl of Clarendon's papers, ii. 278. In Gutch's Collectanea Curiosa,
vol. i. p. 287, we find not only this license to Massey, but one to Obadiah Walker,
master of University College, and to two fellows of the same, and one of Brazen-
nose College, to absent themselves from church, and not to take the oaths of
supremacy and allegiance, or do any other thing to which, by the laws and
statutes of the realm, or those of the college, they are obliged. There is also, in
the same book, a dispensation for one Sclater, curate of Putney, and rector of
Esher, from using the common prayer, etc., etc. Id. p. 290. These are in May 1686,
and subscribed by Powis, the solicitor-general. The attorney-general, Sawyer, had
refused; as we learn from Reresby, p. 133, the only contemporary writer, perhaps,
who mentions this very remarkable aggression on the established church.
[102] The catholic lords, according to Barillon, had represented to the king, that
nothing could be done with parliament so long as the treasurer caballed against
the designs of his majesty. James promised to dismiss him if he did not change his
religion. Mazure, ii. 170. The queen had previously been rendered his enemy by
the arts of Sunderland, who persuaded her that Lord and Lady Rochester had
favoured the king's intimacy with the Countess of Dorchester in order to thwart
the popish intrigue. Id. 149. "On voit," says Barillon, on the treasurer's dismissal,
"que la cabale catholique a entièrement prevalu. On s'attendoit depuis quelque
temps à ce qui est arrivé au comte de Rochester; mais l'exécution fait encore une
nouvelle impression sur les esprits."—P. 181.
[103] Life of James, 74. Barillon frequently mentions this cabal, as having in effect
the whole conduct of affairs in their hands. Sunderland belonged to them; but
Jefferies, being reckoned on the protestant side, had, I believe, very little
influence for at least the two latter years of the king's reign. "Les affaires de ce
pays-ci," says Bonrepos, in 1686, "ne roulent à présent que sur la religion. Le roi
est absolument gouverné par les catholiques. My Lord Sunderland ne se maintient
que par ceux-ci, et par son dévouement à faire tout ce qu'il croit être agréable sur
ce point. Il a le secret des affaires de Rome." Mazure, ii. 124. "On feroit ici," says
Barillon, the same year, "ce que on fait en France" [that is, I suppose, dragonner
et fusilier les hérétiques] "si l'on pouvoit espérer de réussir."—P. 127.
[104] Rochester makes so very bad a figure in all Barillon's correspondence, that
there really seems no want of candour in this supposition. He was evidently the
most active co-operator in the connection of both the brothers with France, and
seems to have had as few compunctious visitings, where the church of England
was not concerned, as Sunderland himself. Godolphin was too much implicated, at
least by acquiescence, in the counsels of this reign; yet we find him suspected of
not wishing "se passer entièrement de parlement, et à rompre nettement avec le
prince d'Orange." Fox, Append, p. 60.
If Rochester had gone over to the Romanists, many, probably, would have
followed: on the other hand, his steadiness retained the wavering. It was one of
the first great disappointments with which the king met. But his dismissal from the
treasury created a sensible alarm. Dalrymple, 179.
[105] Lord Dartmouth wrote to say that Fletcher told him there were good
grounds to suspect that the prince, underhand, encouraged the expedition, with
design to ruin the Duke of Monmouth; and this Dalrymple believes. P. 136. It is
needless to observe, that such subtle and hazardous policy was totally out of
William's character; nor is there much more reason to believe what is insinuated
by James himself (Macpherson's Extracts, p. 144; Life of James, ii. 34), that
Sunderland had been in secret correspondence with Monmouth; unless indeed it
were, as seems hinted in the latter work, with the king's knowledge.
[106] The number of persons who suffered the sentence of the law, in the famous
western assize of Jefferies, has been differently stated; but according to a list in
the Harleian Collection, n. 4689, it appears to be as follows: at Winchester, one
(Mrs. Lisle) executed; at Salisbury, none; at Dorchester, 74 executed, 171
transported; at Exeter, 14 executed, 7 transported; at Taunton, 144 executed, 284
transported; at Wells, 97 executed, 393 transported. In all, 330 executed, 855
transported; besides many that were left in custody for want of evidence. It may
be observed, that the prisoners sentenced to transportation appear to have been
made over to some gentlemen of interest at court; among others, to Sir
Christopher Musgrave, who did not blush to beg the grant of their unfortunate
countrymen, to be sold as slaves in the colonies.
The apologists of James II. have endeavoured to lay the entire blame of these
cruelties on Jefferies, and to represent the king as ignorant of them. Roger North
tells a story of his brother's interference, which is plainly contradicted by known
dates, and the falsehood of which throws just suspicion on his numerous
anecdotes. See State Trials, xi. 303. But the king speaks with apparent
approbation of what he calls Jefferies's campaign, in writing to the Prince of
Orange (Dalrymple, 165); and I have heard that there are extant additional proofs
of his perfect acquaintance with the details of those assizes; nor, indeed, can he
be supposed ignorant of them. Jefferies himself, before his death, declared that he
had not been half bloody enough for him by whom he was employed. Burnet, 651
(note to Oxford edition, vol. iii.). The king, or his biographer in his behalf, makes a
very awkward apology for the execution of Major Holmes, which is shown by
himself to have been a gross breach of faith. Life of James, ii. 43.
It is unnecessary to dwell on what may be found in every history: the trials of Mrs.
Lisle, Mrs. Gaunt, and Alderman Cornish; the former before Jefferies, the two
latter before Jones, his successor as chief justice of K. B., a judge nearly as
infamous as the former, though not altogether so brutal. Both Mrs. Lisle's and
Cornish's convictions were without evidence, and consequently were reversed
after the revolution. State Trials, vol. xi.
[107] Several proofs of this appear in the correspondence of Barillon. Fox, 135;
Mazure, ii. 22. The nuncio, M. d'Adda, was a moderate man, and united with the
moderate catholic peers, Bellasis, Arundel, and Powis. Id. 127. This party urged
the king to keep on good terms with the Prince of Orange, and to give way about
the test. Id. 184, 255. They were disgusted at Father Petre's introduction into the
privy council; 308, 353. But it has ever been the misfortune of that respectable
body to suffer unjustly for the follies of a few. Barillon admits, very early in
James's reign, that many of them disliked the arbitrary proceedings of the court;
"ils prétendent être bons Anglois, c'est-à-dire, ne pas désirer que le roi
d'Angleterre ôte à la nation ses privilèges et ses libertés." Mazure, i. 404.
William openly declared his willingness to concur in taking off the penal laws,
provided the test might remain. Burnet, 694; Dalrymple, 184; Mazure, ii. 216,
250, 346. James replied that he must have all or nothing. Id. 353.
[108] I do not know that this intrigue has been brought to light before the recent
valuable publication of M. Mazure, certainly not with such full evidence. See i.
417; ii. 128, 160, 165, 167, 182, 188, 192. Barillon says to his master in one
place: "C'est une matière fort délicate à traiter. Je sais pourtant qu'on en parle au
roi d'Angleterre; et qu'avec le temps on ne désespère pas de trouver des moyens
pour faire passer la couronne sur la tête d'un heritier catholique. Il faut pour cela
venir à bout de beaucoup des choses qui ne sont encore que commencées."
[109] Burnet, Dalrymple, Mazure.
[110] The correspondence began by an affectedly obscure letter of Lady
Sunderland to the Prince of Orange, dated March 7, 1687. Dalrymple, 187. The
meaning, however, cannot be misunderstood. Sunderland himself sent a short
letter of compliment by Dykvelt, May 28, referring to what that envoy had to
communicate. Churchill, Nottingham, Rochester, Devonshire, and others, wrote
also by Dykvelt. Halifax was in correspondence at the end of 1686.
[111] Sunderland does not appear, by the extracts from Barillon's letters published
by M. Mazure, to have been the adviser of the king's most injudicious measures.
He was united with the queen, who had more moderation than her husband. It is
said by Barillon that both he and Petre were against the prosecution of the
bishops, ii. 448. The king himself ascribes this step to Jefferies, and seems to
glance also at Sunderland as its adviser. Life of James, ii. 156. He speaks more
explicitly as to Jefferies in Macpherson's Extracts, 151. Yet Lord Clarendon's Diary,
ii. 49, tends to acquit Jefferies. Probably the king had nobody to blame but
himself. One cause of Sunderland's continuance in the apparent support of a
policy which he knew to be destructive was his poverty. He was in the pay of
France, and even importunate for its money. Mazure, 372; Dalrymple, 270 et post.
Louis only gave him half what he demanded. Without the blindest submission to
the king, he was every moment falling; and this drove him in to a step as
injudicious as it was unprincipled, his pretended change of religion, which was not
publicly made till June 1688, though he had been privately reconciled, it is said
(Mazure, ii. 463) more than a year before by Father Petre.
[112] "This defection of those his majesty had hitherto put the greatest
confidence in [Clarendon and Rochester], and the sullen disposition of the church
of England party in general, made him think it necessary to reconcile another; and
yet he hoped to do it in such a manner as not to disgust quite the church-man
neither." Life of James, ii. 102.
[113] London Gazette, March 18, 1687; Ralph, 945.
[114] Ralph, 943; Mazure, ii. 207.
[115] London Gazette, June 9, 1687. Shower had been knighted a little before, on
presenting, as recorder of London, an address from the grand jury of Middlesex,
thanking the king for his declaration. Id. May 12.
[116] London Gazette of 1687 and 1688, passim; Ralph, 946, 368. These
addresses grew more ardent after the queen's pregnancy became known. They
were renewed of course, after the birth of the Prince of Wales. But scarce any
appear after the expected invasion was announced. The Tories (to whom add the
dissenters) seem to have thrown off the mask at once, and deserted the king
whom they had so grossly flattered, as instantaneously as parasites on the stage
desert their patron on the first tidings of his ruin.
The dissenters have been a little ashamed of their compliance with the
declaration, and of their silence in the popish controversy during this reign. Neal,
755, 768; and see Biogr. Brit. art. Alsop. The best excuses are, that they had been
so harassed that it was not in human nature to refuse a mitigation of suffering on
almost any terms; that they were by no means unanimous in their transitory
support of the court; and that they gladly embraced the first offers of an equal
indulgence held out to them by the church.
[117] "The king now finding that nothing which had the least appearance of
novelty, though never so well warranted by the prerogative, would go down with
the people, unless it had the parliamentary stamp on it, resolved to try if he could
get the penal laws and test taken off by that authority." Life of James, ii. 134. But
it seems by M. Mazure's authorities, that neither the king nor Lord Sunderland
wished to convoke a parliament, which was pressed forward by the eager
catholics, ii. 399.
[118] Life of James, p. 139.
[119] Ralph, 965, 966. The object was to let in the dissenters. This was evidently
a desperate game: James had ever mortally hated the sectaries as enemies to
monarchy; and they were irreconcilably adverse to all his schemes.
[120] Burnet; Life of James, 169; D'Oyly's Life of Sancroft, i. 326. Lord Halifax, as
is supposed, published a letter of advice to the dissenters, warning them against a
coalition with the court, and promising all indulgence from the church. Ralph, 950;
Somers Tracts, viii. 50.
[121] Ralph, 967; Lonsdale, p. 15. "It is to be observed," says the author of this
memoir, "that most part of the offices in the nation, as justices of the peace,
deputy-lieutenants, mayors, aldermen, and freemen of towns, are filled with
Roman catholics and dissenters, after having suffered as many regulations as
were necessary for that purpose. And thus stands the state of this nation in this
month of September 1688."—P. 34. Notice is given in the London Gazette for
December 11, 1687, that the lists of justices and deputy-lieutenants would be
revised.
[122] Life of James, 183.
[123] Mazure, ii. 302.
[124] The reader will find almost everything relative to the subject in that
incomparable repertory, the State Trials, xii. 1; also some notes in the Oxford
edition of Burnet.
[125] Parker's Reasons for Abrogating the Test are written in such a tone as to
make his readiness to abandon the protestant side very manifest, even if the
common anecdotes of him should be exaggerated.
[126] It seems, however, confirmed by Mazure, ii. 390, with the addition, that
Petre, like a second Wolsey, aspired also to be chancellor. The pope, however,
would not make him a bishop, against the rules of the order of jesuits to which he
belonged. Id. 241. James then tried, through Lord Castlemain, to get him a
cardinal's hat, but with as little success.
[127] "Above twenty years together," says Sir Roger L'Estrange, perhaps himself a
disguised catholic, in his reply to the reasons of the clergy of the diocese of
Oxford against petitioning (Somers Tracts, viii. 45), "without any regard to the
nobility, gentry, and commonalty, our clergy have been publishing to the world
that the king can do greater things than are done in his declaration; but now the
scene is altered, and they are become more concerned to maintain their
reputation even with the commonalty than with the king." See also in the same
volume, p. 19. "A remonstrance from the church of England to both houses of
parliament," 1685; and p. 145, "A new test of the church of England's loyalty;"
both, especially the latter, bitterly reproaching her members for their apostacy
from former professions.
[128] Ralph, 982.
[129] See State Trials, xii. 183; D'Oyly's Life of Sancroft, i. 250.
[130] Fox, App. 29; Dalrymple, 107; Mazure, i. 396, 433.
[131] Several proofs of this occur in the course of M. Mazure's work. When the
Dutch ambassador, Van Citers, showed him a paper, probably forged to exasperate
him, but purporting to be written by some catholics, wherein it was said that it
would be better for the people to be vassals of France than slaves of the devil, he
burst out into rage. "Jamais! non, jamais! je ne ferai rien qui me puisse mettre au
dessous des rois de France et d'Espagne. Vassal, vassal de la France!" s'écria-t-il
avec emportement. "Monsieur! si le parlement avoit voulu, s'il vouloit encore,
j'aurois porté, je porterois encore la monarchie a un de considération qu'elle n'a
jamais eu sous aucune des rois mes prédécesseurs, et votre état y trouveroit
peut-être sa propre sécurité.'" Vol. ii. 165. Sunderland said to Barillon, "Le roi
d'Angleterre se reproche de ne pas être en Europe tout ce qu'il devoit être; et
souvent il se plaint que le roi votre maître n'a pas pour lui assez de considération."
Id. 313. On the other hand, Louis was much mortified that James made so few
applications for his aid. His hope seems to have been that by means of French
troops, or troops at least in his pay, he should get a footing in England; and this
was what the other was too proud and jealous to permit. "Comme le roi," he said,
in 1687, "ne doute pas de mon affection et du désir que j'ai de voir la religion
catholique bien établie en Angleterre, il faut croire qu'il se trouve assez de force et
d'autorité pour exécuter ses desseins, puis-qu'il n'a pas recours à moi."—P. 258;
also 174, 225, 320.
[132] James affected the same ceremonial as the King of France, and received the
latter's ambassador sitting and covered. Louis only said, smiling, "Le roi mon frère
est fier, mais il aime assez les pistoles de France." Mazure, i. 423. A more
extraordinary trait of James's pride is mentioned by Dangeau, whom I quote from
the Quarterly Review, xix. 470. After his retirement to St. Germains, he wore
violets in court mourning; which, by etiquette, was confined to the kings of
France. The courtiers were a little astonished to see solem geminum, though not
at a loss where to worship. Louis, of course, had too much magnanimity to
express resentment. But what a picture of littleness of spirit does this exhibit in a
wretched pauper, who could only escape by the most contemptible insignificance
the charge of most ungrateful insolence!
[133] Mazure, iii. 50. James was so much out of humour at D'Avaux's interference,
that he asked his confidents, "if the King of France thought he could treat him like
the cardinal of Furstenburg," a creature of Louis XIV. whom he had set up for the
electorate of Cologne. Id. 69. He was in short so much displeased with his own
ambassador at the Hague, Skelton, for giving into his declaration of D'Avaux, that
he not only recalled but sent him to the Tower. Burnet is therefore mistaken (p.
768) in believing that there was actually an alliance, though it was very natural
that he should give credit to what an ambassador asserted in a matter of such
importance. In fact, a treaty was signed between James and Louis, Sept. 13, by
which some French ships were to be under the former's orders. Mazure, iii. 67.
[134] Louis continued to find money, though despising James and disgusted with
him, probably with a view to his own grand interests. He should, nevertheless,
have declared war against Holland in October, which must have put a stop to the
armament. But he had discovered that James with extreme meanness had
privately offered, about the end of September, to join the alliance against him as
the only resource. This wretched action is first brought to light by M. Mazure, iii.
104. He excused himself to the King of France by an assurance that he was not
acting sincerely towards Holland. Louis, though he gave up his intention of
declaring war, behaved with great magnanimity and compassion towards the
falling bigot.
[135] Halifax all along discouraged the invasion, pointing out that the king made
no progress in his schemes. Dalrymple, passim. Nottingham said he would keep
the secret, but could not be a party to a treasonable undertaking. Id. 228; Burnet,
764; and wrote as late as July to advise delay and caution. Notwithstanding the
splendid success of the opposite counsels, it would be judging too servilely by the
event not to admit that they were tremendously hazardous.
[136] The invitation to William seems to have been in debate some time before
the Prince of Wales's birth; but it does not follow that it would have been
despatched if the queen had borne a daughter; nor do I think that it should have
been.
[137] Ralph, 980; Mazure, ii. 367.
[138] Dalrymple, 216, 228. The prince was urged in the memorial of the seven to
declare the fraud of the queen's pregnancy to be one of the grounds of his
expedition. He did this: and it is the only part of his declaration that is false.
[139] State Trials, xii. 151. Mary put some very sensible questions to her sister,
which show her desire of reaching the truth in so important a matter. They were
answered in a style which shows that Anne did not mean to lessen her sister's
suspicions. Dalrymple, 305. Her conversation with Lord Clarendon on this subject,
after the depositions had been taken, is a proof that she had made up her mind
not to be convinced. Henry Earl of Clarendon's Diary, 77, 79; State Trials, ubi
supra.
[140] M. Mazure has collected all the passages in the letters of Barillon and
Bonrepos to the court of France relative to the queen's pregnancy (ii. 366); and
those relative to the birth of the Prince of Wales. P. 547. It is to be observed that
this took place more than a month before the time expected.
[141] Montesquieu.
[142] Some short pamphlets, written at this juncture to excite sympathy for the
king, and disapprobation of the course pursued with respect to him, are in the
Somers Collection, vol. ix. But this force put upon their sovereign first wounded
the consciences of Sancroft and the other bishops, who had hitherto done as
much as in their station they well could to ruin the king's cause and paralyse his
arms. Several modern writers have endeavoured to throw an interest about James
at the moment of his fall, either from a lurking predilection for all legitimately
crowned heads, or from a notion that it becomes a generous historian to excite
compassion for the unfortunate. There can be no objection to pitying James, if
this feeling is kept unmingled with any blame of those who were the instruments
of this misfortune. It was highly expedient for the good of this country, because
the revolution settlement could not otherwise be attained, to work on James's
sense of his deserted state by intimidation; and for that purpose the order
conveyed by three of his own subjects, perhaps with some rudeness of manner, to
leave Whitehall was necessary. The drift of several accounts of the revolution that
may be read is to hold forth Mulgrave, Craven, Arran, and Dundee to admiration,
at the expense of William and of those who achieved the great consolidation of
English liberty.
[143] Parl. Hist. v. 26. The former address on the king's first quitting London,
signed by the peers and bishops, who met at Guildhall, Dec. 11, did not, in
express terms, desire the Prince of Orange to assume the government, or to call a
parliament, though it evidently tended to that result, censuring the king and
extolling the prince's conduct. Id. 19. It was signed by the archbishop, his last
public act. Burnet has exposed himself to the lash of Ralph by stating this address
of Dec. 11 incorrectly.
[144] Commons' Journals; Parl. Hist.
[145] Somerville and several other writers have not accurately stated the
question; and suppose the Lords to have debated whether the throne, on the
hypothesis of its vacancy, should be filled by a king or a regent. Such a mode of
putting the question would have been absurd. I observe that M. Mazure has been
deceived by these authorities.
[146] Parl. Hist. 61. The chief speakers on this side were old Sir Thomas Clarges,
brother-in-law of General Monk, who had been distinguished as an opponent of
administration under Charles and James, and Mr. Finch, brother of Lord
Nottingham, who had been solicitor-general to Charles, but was removed in the
late reign.
[147] James is called "the late king" in a resolution of the Lords on Feb. 2.
[148] 13 Car. II. c. i.; 17 Car. II. c. ii.
[149] This was carried by sixty-two to forty-seven, according to Lord Clarendon;
several of the tories going over, and others who had been hitherto absent coming
down to vote. Forty peers protested, including twelve bishops, out of seventeen
present. Trelawney, who had voted against the regency, was one of them; but not
Compton, Lloyd of St. Asaph, Crewe, Sprat, or Hall; the three former, I believe,
being in the majority. Lloyd had been absent when the vote passed against a
regency, out of unwillingness to disagree with the majority of his brethren; but he
was entirely of Burnet's mind. The votes of the bishops are not accurately stated
in most books; which has induced me to mention them here. Lords' Journals, Feb.
6.
[150] It had been resolved, Jan. 29, that before the committee proceed to fill the
throne now vacant, they will proceed to secure our religion, laws, and liberties.
[151] See Burnet's remarkable conversation with Bentinck, wherein the former
warmly opposed the settlement of the crown on the Prince of Orange alone, as
Halifax had suggested. But nothing in it is more remarkable than that the bishop
does not perceive that this was virtually done; for it would be difficult to prove
that Mary's royalty differed at all from that of a queen consort, except in having
her name in the style. She was exactly in the same predicament as Philip had
been during his marriage with Mary I. Her admirable temper made her acquiesce
in this exclusion from power, which the sterner character of her husband
demanded; and with respect to the conduct of the convention, it must be
observed that the nation owed her no particular debt of gratitude, nor had she
any better claim than her sister to fill a throne by election, which had been
declared vacant. In fact, there was no middle course between what was done, and
following the precedent of Philip, as to which Bentinck said, he fancied the Prince
would not like to be his wife's gentleman usher; for a divided sovereignty was a
monstrous and impracticable expedient in theory, however the submissive
disposition of the queen might have prevented its mischiefs. Burnet seems to have
had a puzzled view of this; for he says afterwards, "it seemed to be a double-
bottomed monarchy, where there were two joint sovereigns; but those who know
the queen's temper and principles had no apprehensions of divided counsels, or of
a distracted government." Vol. ii. 2. The convention had not trusted to the queen's
temper and principles. It required a distinct act of parliament (2 W. and M. c. 6) to
enable her to exercise the regal power during the king's absence from England.
[152] Parl. Hist. v. 54.
[153] Parl. Hist. v. 108.
[154] Journals, 11 and 12 Feb. 1688-9.
[155] Parl. Hist. 345.
[156] Lords' Journals, 22 Nov. 1689.
[157] The guards retained out of the old army disbanded at the king's return,
have been already mentioned to have amounted to about 5000 men; though
some assert their number at first to have been considerably less. No objection
seems to have been made at the time to the continuance of these regiments. But
in 1667, on the insult offered to the coasts by the Dutch fleet, a great panic
arising, 12,000 fresh troops were hastily levied. The Commons, on July 25, came
to an unanimous resolution, that his majesty be humbly desired by such members
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