Still more injurious to his interests was the Declaration in which he announced his intentions to his subjects. Of all the State papers which were put forth even by him it was the most elaborately and ostentatiously injudicious. When it had disgusted and exasperated all good Englishmen of all parties, the Papists at Saint Germains pretended that it had been drawn up by a stanch Protestant, Edward Herbert, who had been Chief Justice of the Common Pleas before the Revolution, and who now bore the empty title of Chancellor.257 But it is certain that Herbert was never consulted about any matter of importance, and that the Declaration was the work of Melfort and of Melfort alone.258 In truth, those qualities of head and heart which had made Melfort the favourite of his master shone forth in every sentence. Not a word was to be found indicating that three years of banishment had made the King wiser, that he had repented of a single error, that he took to himself even the smallest part of the blame of that revolution which had dethroned him, or that he purposed to follow a course in any respect differing from that which had already been fatal to him. All the charges which had been brought against him he pronounced to be utterly unfounded. Wicked men had put forth calumnies. Weak men had believed those calumnies. He alone had been faultless. He held out no hope that he would consent to any restriction of that vast dispensing power to which he had formerly laid claim, that he would not again, in defiance of the plainest statutes, fill the Privy Council, the bench of justice, the public offices, the army, the navy, with Papists, that he would not reestablish the High Commission, that he would not appoint a new set of regulators to remodel all the constituent bodies of the kingdom. He did indeed condescend to say that he would maintain the legal rights of the Church of England; but he had said this before; and all men knew what those words meant in his mouth. Instead of assuring his people of his forgiveness, he menaced them with a proscription more terrible than any which our island had ever seen. He published a list of persons who had no mercy to expect. Among these were Ormond, Caermarthen, Nottingham, Tillotson and Burnet. After the roll of those who were doomed to death by name, came a series of categories. First stood all the crowd of rustics who had been rude to His Majesty when he was stopped at Sheerness in his flight. These poor ignorant wretches, some hundreds in number, were reserved for another bloody circuit. Then came all persons who had in any manner borne a part in the punishment of any Jacobite conspirator; judges, counsel, witnesses, grand jurymen, petty jurymen, sheriffs and undersheriffs, constables and turnkeys, in short, all the ministers of justice from Holt down to Ketch. Then vengeance was denounced against all spies and all informers who had divulged to the usurpers the designs of the Court of Saint Germains. All justices of the peace who should not declare for their rightful Sovereign the moment that they heard of his landing, all gaolers who should not instantly set political prisoners at liberty, were to be left to the extreme rigour of the law. No exception was made in favour of a justice or of a gaoler who might be within a hundred yards of one of William's regiments, and a hundred miles from the nearest place where there was a single Jacobite in arms.
It might have been expected that James, after thus denouncing vengeance against large classes of his subjects, would at least have offered a general amnesty to the rest. But of general amnesty he said not a word. He did indeed promise that any offender who was not in any of the categories of proscription, and who should by any eminent service merit indulgence, should receive a special pardon. But, with this exception, all the offenders, hundreds of thousands in number, were merely informed that their fate should be decided in Parliament.
The agents of James speedily dispersed his Declaration over every part of the kingdom, and by doing so rendered a great service to William. The general cry was that the banished oppressor had at least given Englishmen fair warning, and that, if, after such a warning, they welcomed him home, they would have no pretence for complaining, though every county town should be polluted by an assize resembling that which Jeffreys had held at Taunton. That some hundreds of people,--the Jacobites put the number so low as five hundred,--were to be hanged without mercy was certain; and nobody who had concurred in the Revolution, nobody who had fought for the new government by sea or land, no soldier who had borne a part in the conquest of Ireland, no Devonshire ploughman or Cornish miner who had taken arms to defend his wife and children against Tourville, could be certain that he should not be hanged.