The History of England from the Accession of James the Second - Volume 3 by Thomas Babington Macaulay (best ereader for pdf .txt) 📖

the discomfiture of the Celtic army at Dunkeld, the Parliament broke up at Westminster. The Houses had sate ever since January without a recess. The Commons, who were cooped up in a narrow space, had suffered severely from heat and discomfort; and the health of many members had given way. The fruit however had not been proportioned to the toil. The last three months of the session had been almost entirely wasted in disputes, which have left no trace in the Statute Book. The progress of salutary laws had been impeded, sometimes by bickerings between the Whigs and the Tories, and sometimes by bickerings between the Lords and the Commons.

The Revolution had scarcely been accomplished when it appeared that the supporters of the Exclusion Bill had not forgotten what they had suffered during the ascendancy of their enemies, and were bent on obtaining both reparation and revenge. Even before the throne was filled, the Lords appointed a committee to examine into the truth of the frightful stories which had been circulated concerning the death of Essex. The committee, which consisted of zealous Whigs, continued its inquiries till all reasonable men were convinced that he had fallen by his own hand, and till his wife, his brother, and his most intimate friends were desirous that the investigation should be carried no further.381 Atonement was made, without any opposition on the part of the Tories, to the memory and the families of some other victims, who were themselves beyond the reach of human power. Soon after the Convention had been turned into a Parliament, a bill for reversing the attainder of Lord Russell was presented to the peers, was speedily passed by them, was sent down to the Lower House, and was welcomed there with no common signs of emotion. Many of the members had sate in that very chamber with Russell. He had long exercised there an influence resembling the influence which, within the memory of this generation, belonged to the upright and benevolent Althorpe; an influence derived, not from superior skill in debate or in declamation, but from spotless integrity, from plain good sense, and from that frankness, that simplicity, that good nature, which are singularly graceful and winning in a man raised by birth and fortune high above his fellows. By the Whigs Russell had been honoured as a chief; and his political adversaries had admitted that, when he was not misled by associates less respectable and more artful than himself, he was as honest and kindhearted a gentleman as any in England. The manly firmness and Christian meekness with which he had met death, the desolation of his noble house, the misery of the bereaved father, the blighted prospects of the orphan children382, above all, the union of womanly tenderness and angelic patience in her who had been dearest to the brave sufferer, who had sate, with the pen in her hand, by his side at the bar, who had cheered the gloom of his cell, and who, on his last day, had shared with him the memorials of the great sacrifice, had softened the hearts of many who were little in the habit of pitying an opponent. That Russell had many good qualities, that he had meant well, that he had been hardly used, was now admitted even by courtly lawyers who had assisted in shedding his blood, and by courtly divines who had done their worst to blacken his reputation. When, therefore, the parchment which annulled his sentence was laid on the table of that assembly in which, eight years before, his face and his voice had been so well known, the excitement was great. One old Whig member tried to speak, but was overcome by his feelings. "I cannot," he said, "name my Lord Russell without disorder. It is enough to name him. I am not able to say more." Many eyes were directed towards that part of the house where Finch sate. The highly honourable manner in which he had quitted a lucrative office, as soon as he had found that he could not keep it without supporting the dispensing power, and the conspicuous part which he had borne in the defence of the Bishops, had done much to atone for his faults. Yet, on this day, it could not be forgotten that he had strenuously exerted himself, as counsel for the Crown, to obtain that judgment which was now to be solemnly revoked. He rose, and attempted to defend his conduct: but neither his legal acuteness, nor that fluent and sonorous elocution which was in his family a hereditary gift, and of which none of his family had a larger share than himself, availed him on this occasion. The House was in no humour to hear him, and repeatedly interrupted him by cries of "Order." He had been treated, he was told, with great indulgence. No accusation had been brought against him. Why then should he, under pretence of vindicating himself, attempt to throw dishonourable imputations on an illustrious name, and to apologise for a judicial murder? He was forced to sit dorm, after declaring that he meant only to clear himself from the charge of having exceeded the limits of his professional duty; that he disclaimed all intention of attacking the memory of Lord Russell; and that he should sincerely rejoice at the reversing of the attainder. Before the House rose the bill was read a second time, and would have been instantly read a third time and passed, had not some additions and omissions been proposed, which would, it was thought, make the reparation more complete. The amendments were prepared with great expedition: the Lords agreed to them; and the King gladly gave his assent.383

This bill was soon followed by three other bills which annulled three wicked and infamous judgments, the judgment against Sidney, the judgment against Cornish, and the judgment against Alice Lisle.384

Some living Whigs obtained without difficulty redress for injuries which they had suffered in the late reign. The sentence of Samuel Johnson was taken into consideration by the House of Commons. It was resolved that the scourging which he had undergone was cruel, and that his degradation was of no legal effect. The latter proposition admitted of no dispute: for he had been degraded by the prelates who had been appointed to govern the diocese of London during Compton's suspension. Compton had been suspended by a decree of the High Commission, and the decrees of the High Commission were universally acknowledged to be nullities. Johnson had therefore been stripped of his robe by persons who had no jurisdiction over him. The Commons requested the king to compensate the sufferer by some ecclesiastical preferment.385 William, however, found that he could not, without great inconvenience, grant this request. For Johnson, though brave, honest and religious, had always been rash, mutinous and quarrelsome; and, since he had endured for his opinions a martyrdom more terrible than death, the infirmities of his temper and understanding had increased to such a degree that he was as disagreeable to Low Churchmen as to High Churchmen. Like too many other men, who are not to be turned from the path of right by pleasure, by lucre or by danger, he mistook the impulses of his pride and resentment for the monitions of conscience, and deceived himself into a belief that, in treating friends and foes with indiscriminate insolence and asperity, he was merely showing his Christian faithfulness and courage. Burnet, by exhorting him to patience and forgiveness of injuries, made him a mortal enemy. "Tell His Lordship," said the inflexible priest, "to mind his own business, and to let me look after mine."386 It soon began to be whispered that Johnson was mad. He accused Burnet of being the author of the report, and avenged himself by writing libels so violent that they strongly confirmed the imputation which they were meant to refute. The King, therefore, thought it better to give out of his own revenue a liberal compensation for the wrongs which the Commons had brought to his notice than to place an eccentric and irritable man in a situation of dignity and public trust. Johnson was gratified with a present of a thousand pounds, and a pension of three hundred a year for two lives. His son was also provided for in the public service.387

While the Commons were considering the case of Johnson, the Lords were scrutinising with severity the proceedings which had, in the late reign, been instituted against one of their own order, the Earl of Devonshire. The judges who had passed sentence on him were strictly interrogated; and a resolution was passed declaring that in his case the privileges of the peerage had been infringed, and that the Court of King's Bench, in punishing a hasty blow by a fine of thirty thousand pounds, had violated common justice and the Great Charter.388

In the cases which have been mentioned, all parties seem to have agreed in thinking that some public reparation was due. But the fiercest passions both of Whigs and Tories were soon roused by the noisy claims of a wretch whose sufferings, great as they might seem, had been trifling when compared with his crimes. Gates had come back, like a ghost from the place of punishment, to haunt the spots which had been polluted by his guilt. The three years and a half which followed his scourging he had passed in one of the cells of Newgate, except when on certain days, the anniversaries of his perjuries, he had been brought forth and set on the pillory. He was still, however, regarded by many fanatics as a martyr; and it was said that they were able so far to corrupt his keepers that, in spite of positive orders from the government, his sufferings were mitigated by many indulgences. While offenders, who, compared with him, were innocent, grew lean on the prison allowance, his cheer was mended by turkeys and chines, capons and sucking pigs, venison pasties and hampers of claret, the offerings of zealous Protestants.389 When James had fled from Whitehall, and when London was in confusion, it was moved, in the council of Lords which had provisionally assumed the direction of affairs, that Gates should be set at liberty. The motion was rejected390: but the gaolers, not knowing whom to obey in that time of anarchy, and desiring to conciliate a man who had once been, and might perhaps again be, a terrible enemy, allowed their prisoner to go freely about the town.391 His uneven legs and his hideous face, made more hideous by the shearing which his ears had undergone, were now again seen every day in Westminster Hall and the Court of Requests.392 He fastened himself on his old patrons, and, in that drawl which he affected as a mark of gentility, gave them the history of his wrongs and of his hopes. It was impossible, he said, that now, when the good cause was triumphant, the discoverer of the plot could be overlooked. "Charles gave me nine hundred pounds a year. Sure William will give me more."393

In a few weeks he brought his sentence before the House of Lords by a writ of error. This is a species of appeal which raises no question of fact. The Lords, while sitting judicially on the writ of error, were not competent to examine whether the verdict which pronounced Gates guilty was or was not according to the evidence. All that they had to consider was whether, the verdict being supposed to be according to the evidence, the judgment was legal. But it would have been difficult even for a tribunal composed of veteran magistrates, and was almost impossible for an assembly of noblemen who were all strongly biassed on one side or on the other, and among whom there was at that time not a single person whose mind had been disciplined by the