Association Of 1696
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The Association was an instrument created after the failed Jacobite assassination plot of 1696 to pledge loyalty to
William III of England William III (William Henry; ; 4 November 16508 March 1702), also widely known as William of Orange, was the sovereign Prince of Orange from birth, Stadtholder of County of Holland, Holland, County of Zeeland, Zeeland, Lordship of Utrecht, Utrec ...
. Modelled by
Lord Somers Baron Somers, of Evesham in the County of Worcester, is a title that has been created twice. The title was first created in the Peerage of England in 1697 for Sir John Somers, so that he could sit in the House of Lords and serve as Lord Chancel ...
on the Elizabethan Bond of Association, it placed intense pressure on nonresistant Tories in public life to acknowledge William as "rightful and lawful King". The Association was widely subscribed to by the public, extending well beyond the circle of officials Somers had targeted, and soon assumed the force of law, all Crown officials being required by statute to subscribe to it. Some Tories were purged from office for failure to do so, and the Association remained in legal force until 1702, when William's death rendered it a nullity and the requirement to subscribe to it was repealed.


Background

While
High Tories In the United Kingdom and elsewhere, High Toryism is the old traditionalist conservatism which is in line with the Toryism originating in the 17th century. High Tories and their worldview are sometimes at odds with the modernising elements of the ...
opposed to
James II of England James VII and II (14 October 1633 16 September 1701) was King of England and King of Ireland as James II, and King of Scotland as James VII from the death of his elder brother, Charles II, on 6 February 1685. He was deposed in the Gloriou ...
's religious policies played an important role in the Glorious Revolution, many had uneasy consciences over the events that followed. The
legal fiction A legal fiction is a fact assumed or created by courts, which is then used in order to help reach a decision or to apply a legal rule. The concept is used almost exclusively in common law jurisdictions, particularly in England and Wales. Deve ...
in the
Bill of Rights 1689 The Bill of Rights 1689 is an Act of the Parliament of England, which sets out certain basic civil rights and clarifies who would be next to inherit the Crown, and is seen as a crucial landmark in English constitutional law. It received Royal ...
that James had abdicated his throne did not, in their minds, abrogate the oaths to him that they had previously taken. The new oath prescribed to replace the oaths of allegiance and supremacy required those swearing it to "be Faithfull and beare true Allegiance to Their Majestyes King William and Queene Mary". While the nonjurors were unable to reconcile even this to their consciences, some Tories adopted a policy of
nonresistance Nonresistance (or non-resistance) is "the practice or principle of not resisting authority, even when it is unjustly exercised". At its core is discouragement of, even opposition to, physical resistance to an enemy. It is considered as a form of pri ...
; while they did not recognize William and Mary's right to rule, they consented to cooperate with their regime insofar as it existed.
Lord Somers Baron Somers, of Evesham in the County of Worcester, is a title that has been created twice. The title was first created in the Peerage of England in 1697 for Sir John Somers, so that he could sit in the House of Lords and serve as Lord Chancel ...
championed bills in Parliament in April 1691/2 and December 1692 which would have imposed oaths abjuring James and acknowledging William's right to the crown, but both were defeated. The attempted assassination of William in February 1696 gave Somers another chance to drive Tories of doubtful loyalty from public life.


Creation and initial reception

Somers examined the
state papers The term State papers is used in Britain and Ireland to refer to government archives and records. Such papers used to be kept separate from non-governmental papers, with state papers kept in the State Paper Office and general public records kept ...
and used the Bond of Association, promulgated in 1584 after the failure of the Throckmorton plot against
Elizabeth I of England Elizabeth I (7 September 153324 March 1603) was List of English monarchs, Queen of England and List of Irish monarchs, Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is ...
, as a model for drawing up an association in defense of William. As recited in the Act of Parliament that officially sanctioned it, the text of the association was as follows:
Whereas there has been a horrid and detestable Conspiracy formed & carried on by Papists and other wicked and traiterous Persons for assassinating His Majesties Royal Person in order to incourage an Invasion from France to subvert our Religion Laws and Liberty Wee whose Names are hereunto subscribed doe heartily sincerely and solemnly professe testifie and declare That His present Majesty King William is rightfull and lawfull King of these Realmes And wee doe mutually promise and engage to stand by and assist each other to the utmost of our Power in the Support and Defence of His Majesties most Sacred Person and Government against the late King James and all his Adherents And in case His Majesty come to any violent or untimely Death (which God forbid) Wee doe hereby further freely and unanimously oblige ourselves to associate and stand by each other in revenging the same upon His Enemies and their Adherents and in supporting and defending the Succession of the Crowne according to an Act made in the First Yeare of the Reigne of King William and Queen Mary entituled An Act declaring the Rights and Liberties of the Subject and settling the Succession of the Crowne.
The King appeared in Parliament on 24 February 1696 to announce the breaking up of the plot against him, and appealed to Parliament to take (unspecified) measures to ensure the common safety. Sir Rowland Gwynne moved that Parliament should join in an association to defend the King, and introduced the text prepared by Somers. The Association was adopted by the House of Commons on the 25th and the House of Lords on the 27th, although by March 3, 113 MPs and a few dozen peers had still not signed the document. While the Association was, at this point, still a voluntary bond, social pressure was brought to bear on those who had not signed. A list of non-associators was published in a partisan pamphlet, ''A Summary Account of the Proceedings upon the happy discovery of the Jacobite Conspiracy.'' While the pamphlet was condemned as a breach of Parliamentary privileges for publishing excerpts from speeches in both houses, the overall campaign was effective, and several of those named in the pamphlet subsequently signed the Association. Widespread printing and better communications allowed the Association of 1696 to be much more rapidly disseminated than that of 1584. While the Association had originally been intended as a device to bind officeholders and gentry to the King, it proved to be wildly popular among the lower classes as well. Lists of subscribers to the Association were brought to the King from counties throughout England, usually by
Lord Lieutenant A lord-lieutenant ( ) is the British monarch's personal representative in each lieutenancy area of the United Kingdom. Historically, each lieutenant was responsible for organising the county's militia. In 1871, the lieutenant's responsibility ...
s, their deputies, or Members of Parliament. The volume of subscriptions briefly overwhelmed the Royal administration. On the suggestion of the Speaker of the House of Commons, Sir John Trevor, they were deposited among the records in the
Tower of London The Tower of London, officially His Majesty's Royal Palace and Fortress of the Tower of London, is a historic castle on the north bank of the River Thames in central London. It lies within the London Borough of Tower Hamlets, which is separa ...
in April 1696.


Passage into law

Shortly thereafter, the Association was written into law. The
Security of King and Government Act 1695 The Security of King and Government Act 1695 (7&8 Will.3 c.27) was an Act of the Parliament of England. Its long title was ''An act for the better security of his Majesty's royal person and government''. It was passed in 1696 but backdated to t ...
(passed in 1696 and backdated to the beginning of the Parliamentary session) endorsed the Association and ordered all officers and those receiving pay under the Crown, as well as the households of Prince George and Princess Anne, to subscribe to it within the following year. Future officers and appointees were to subscribe to the Association when they took the oath prescribed by the
Test Act The Test Acts were a series of English penal laws that served as a religious test for public office and imposed various civil disabilities on Roman Catholics and nonconformists. The underlying principle was that only people taking communion in t ...
; those who failed to subscribe were to forfeit their office, and if they continued to exercise it, be subject to the Test Act's penalties for recusancy. Members of the
House of Commons The House of Commons is the name for the elected lower house of the bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. ...
were henceforth to subscribe to the Association when they took their appointed oaths, or be disabled from sitting in Parliament and forfeit their seats. The courts of Chancery and King's Bench, and the courts of
quarter sessions The courts of quarter sessions or quarter sessions were local courts traditionally held at four set times each year in the Kingdom of England from 1388 (extending also to Wales following the Laws in Wales Act 1535). They were also established in ...
, were to keep records of subscribers, and of those who had refused to subscribe. By late July, 86
justices of the peace A justice of the peace (JP) is a judicial officer of a lower or ''puisne'' court, elected or appointed by means of a commission ( letters patent) to keep the peace. In past centuries the term commissioner of the peace was often used with the sa ...
and 104 deputy lieutenants had been removed from office for failing to subscribe to the Association, or in a few cases subscribing late and without enthusiasm.


Later years

The Signing the Association, etc. Act 1698 postponed the date after which non-subscribers would forfeit their offices until 1 August 1700. After the death of James II in 1701, the
Security of the Succession, etc. Act 1701 The Security of the Succession, etc. Act 1701 (13 & 14 Will. 3. c. 6) was an Act of the Parliament of England. The Act required nearly all office-holders to take the oath of abjuration against James Francis Edward Stuart, pretender to the throne ...
amended the form of the Association, replacing "against the late King James and all his Adherents" with "against all His Majesties Enemies whatsoever". After the death of King William in 1702, the Association became a nullity, and the Security of the Succession, etc. Act 1702 relieved MPs and officeholders from the necessity of subscribing to it.


References


Bibliography

*{{cite book , title=Tudor Rule and Revolution: Essays for G R Elton from His American Friends , editor1-first=DeLloyd J. , editor1-last=Guth , editor2-first=John W. , editor2-last=McKenna , chapter=Binding the nation: the Bonds of Association, 1584 and 1596 , last=Cressy , first=David , author-link=David Cressy , year=1982 , publisher=Cambridge University Press , location=Cambridge , isbn=978-0-521-09127-5 British monarchy 1696 in law Jacobitism