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

mortified. It was necessary to yield. The Convocation was prorogued for six weeks. When those six weeks had expired, it was prorogued again; and many years elapsed before it was permitted to transact business.

So ended, and for ever, the hope that the Church of England might be induced to make some concession to the scruples of the nonconformists. A learned and respectable minority of the clerical order relinquished that hope with deep regret. Yet in a very short time even Barnet and Tillotson found reason to believe that their defeat was really an escape, and that victory would have been a disaster. A reform, such as, in the days of Elizabeth, would have united the great body of English Protestants, would, in the days of William, have alienated more hearts than it would have conciliated. The schism which the oaths had produced was, as yet, insignificant. Innovations such as those proposed by the Royal Commissioners would have given it a terrible importance. As yet a layman, though he might think the proceedings of the Convention unjustifiable, and though he might applaud the virtue of the nonjuring clergy, still continued to sit under the accustomed pulpit, and to kneel at the accustomed altar. But if, just at this conjuncture, while his mind was irritated by what he thought the wrong done to his favourite divines, and while he was perhaps doubting whether he ought not to follow them, his ears and eyes had been shocked by changes in the worship to which he was fondly attached, if the compositions of the doctors of the Jerusalem Chamber had taken the place of the old collects, if he had seen clergymen without surplices carrying the chalice and the paten up and down the aisle to seated communicants, the tie which bound him to the Established Church would have been dissolved. He would have repaired to some nonjuring assembly, where the service which he loved was performed without mutilation. The new sect, which as yet consisted almost exclusively of priests, would soon have been swelled by numerous and large congregations; and in those congregations would have been found a much greater proportion of the opulent, of the highly descended, and of the highly educated, than any other body of dissenters could show. The Episcopal schismatics, thus reinforced, would probably have been as formidable to the new King and his successors as ever the Puritan schismatics had been to the princes of the House of Stuart. It is an indisputable and a most instructive fact, that we are, in a great measure, indebted for the civil and religious liberty which we enjoy to the pertinacity with which the High Church party, in the Convocation of 1689, refused even to deliberate on any plan of Comprehension.516

CHAPTER XV

The Parliament meets; Retirement of Halifax-Supplies voted-The Bill of Rights passed-Inquiry into Naval Abuses-Inquiry into the Conduct of the Irish War-Reception of Walker in England- Edmund Ludlow-Violence of the Whigs-Impeachments-Committee of Murder-Malevolence of John Hampden-The Corporation Bill- Debates on the Indemnity Bill-Case of Sir Robert Sawyer-The King purposes to retire to Holland-He is induced to change his Intention; the Whigs oppose his going to Ireland-He prorogues the Parliament-Joy of the Tories-Dissolution and General Election-Changes in the Executive Departments-Caermarthen Chief Minister-Sir John Lowther-Rise and Progress of Parliamentary Corruption in England-Sir John Trevor-Godolphin retires; Changes at the Admiralty-Changes in the Commissions of Lieutenancy-Temper of the Whigs; Dealings of some Whigs with Saint Germains; Shrewsbury; Ferguson-Hopes of the Jacobites- Meeting of the new Parliament; Settlement of the Revenue- Provision for the Princess of Denmark-Bill declaring the Acts of the preceding Parliament valid-Debate on the Changes in the Lieutenancy of London-Abjuration Bill-Act of Grace-The Parliament prorogued; Preparations for the first War- Administration of James at Dublin-An auxiliary Force sent from France to Ireland-Plan of the English Jacobites; Clarendon, Aylesbury, Dartmouth-Penn-Preston-The Jacobites betrayed by Fuller-Crone arrested-Difficulties of William-Conduct of Shrewsbury-The Council of Nine-Conduct of Clarendon-Penn held to Bail-Interview between William and Burnet; William sets out for Ireland-Trial of Crone-Danger of Invasion and Insurrection; Tourville's Fleet in the-Channel-Arrests of suspected Persons- Torrington ordered to give Battle to Tourville-Battle of Beachy Head-Alarm in London; Battle of Fleurus-Spirit of the Nation- Conduct of Shrewsbury

WHILE the Convocation was wrangling on one side of Old Palace Yard, the Parliament was wrangling even more fiercely on the other. The Houses, which had separated on the twentieth of August, had met again on the nineteenth of October. On the day of meeting an important change struck every eye. Halifax was no longer on the woolsack. He had reason to expect that the persecution, from which in the preceding session he had narrowly escaped, would be renewed. The events which had taken place during the recess, and especially the disasters of the campaign in Ireland, had furnished his persecutors with fresh means of annoyance. His administration had not been successful; and, though his failure was partly to be ascribed to causes against which no human wisdom could have contended, it was also partly to be ascribed to the peculiarities of his temper and of his intellect. It was certain that a large party in the Commons would attempt to remove him; and he could no longer depend on the protection of his master. It was natural that a prince who was emphatically a man of action should become weary of a minister who was a man of speculation. Charles, who went to Council as he went to the play, solely to be amused, was delighted with an adviser who had a hundred pleasant and ingenious things to say on both sides of every question. But William had no taste for disquisitions and disputations, however lively and subtle, which occupied much time and led to no conclusion. It was reported, and is not improbable, that on one occasion he could not refrain from expressing in sharp terms at the council board his impatience at what seemed to him a morbid habit of indecision.517 Halifax, mortified by his mischances in public life, dejected by domestic calamities, disturbed by apprehensions of an impeachment, and no longer supported by royal favour, became sick of public life, and began to pine for the silence and solitude of his seat in Nottinghamshire, an old Cistercian Abbey buried deep among woods. Early in October it was known that he would no longer preside in the Upper House. It was at the same time whispered as a great secret that he meant to retire altogether from business, and that he retained the Privy Seal only till a successor should he named. Chief Baron Atkyns was appointed Speaker of the Lords.518

On some important points there appeared to be no difference of opinion in the legislature. The Commons unanimously resolved that they would stand by the King in the work of reconquering Ireland, and that they would enable him to prosecute with vigour the war against France.519 With equal unanimity they voted an extraordinary supply of two millions.520 It was determined that the greater part of this sum should he levied by an assessment on real property. The rest was to be raised partly by a poll tax, and partly by new duties on tea, coffee and chocolate. It was proposed that a hundred thousand pounds should be exacted from the Jews; and this proposition was at first favourably received by the House: but difficulties arose. The Jews presented a petition in which they declared that they could not afford to pay such a sum, and that they would rather leave the kingdom than stay there to be ruined. Enlightened politicians could not but perceive that special taxation, laid on a small class which happens to be rich, unpopular and defenceless, is really confiscation, and must ultimately improverish rather than enrich the State. After some discussion, the Jew tax was abandoned.521

The Bill of Rights, which, in the last Session, had, after causing much altercation between the Houses, been suffered to drop, was again introduced, and was speedily passed. The peers no longer insisted that any person should be designated by name as successor to the crown, if Mary, Anne and William should all die without posterity. During eleven years nothing more was heard of the claims of the House of Brunswick.

The Bill of Rights contained some provisions which deserve special mention. The Convention had resolved that it was contrary to the interest of the kingdom to be governed by a Papist, but had prescribed no test which could ascertain whether a prince was or was not a Papist. The defect was now supplied. It was enacted that every English sovereign should, in full Parliament, and at the coronation, repeat and subscribe the Declaration against Transubstantiation.

It was also enacted that no person who should marry a Papist should be capable of reigning in England, and that, if the Sovereign should marry a Papist, the subject should be absolved from allegiance. Burnet boasts that this part of the Bill of Rights was his work. He had little reason to boast: for a more wretched specimen of legislative workmanship will not easily be found. In the first place, no test is prescribed. Whether the consort of a Sovereign has taken the oath of supremacy, has signed the declaration against transubstantiation, has communicated according to the ritual of the Church of England, are very simple issues of fact. But whether the consort of a Sovereign is or is not a Papist is a question about which people may argue for ever. What is a Papist? The word is not a word of definite signification either in law or in theology. It is merely a popular nickname, and means very different things in different mouths. Is every person a Papist who is willing to concede to the Bishop of Rome a primacy among Christian prelates? If so, James the First, Charles the First, Laud, Heylyn, were Papists.522 Or is the appellation to be confined to persons who hold the ultramontane doctrines touching the authority of the Holy See? If so, neither Bossuet nor Pascal was a Papist.

What again is the legal effect of the words which absolve the subject from his allegiance? Is it meant that a person arraigned for high treason may tender evidence to prove that the Sovereign has married a Papist? Would Whistlewood, for example, have been entitled to an acquittal, if he could have proved that King George the Fourth had married Mrs. Fitzherbert, and that Mrs. Fitzherbert was a Papist? It is not easy to believe that any tribunal would have gone into such a question. Yet to what purpose is it to enact that, in a certain case, the subject shall be absolved from his allegiance, if the tribunal before which he is tried for a violation of his allegiance is not to go into the question whether that case has arisen?

The question of the dispensing power was treated in a very different manner, was fully considered, and was finally settled in the only way in which it could be settled. The Declaration of Right had gone no further than to pronounce that the dispensing power, as of late exercised, was illegal. That a certain dispensing power belonged to the Crown was a proposition sanctioned by authorities and precedents of which even Whig lawyers could not speak without respect; but as to the precise extent of this power hardly any two jurists were agreed; and every attempt to frame a definition had failed. At length by the Bill of Rights the anomalous prerogative which had caused so many fierce disputes was absolutely and for ever taken away.523

In the House of Commons there was, as might have been expected, a series of sharp debates on the misfortunes of the autumn. The negligence or corruption of the Navy Board, the frauds of the contractors, the rapacity of the captains of the King's ships, the losses of the London merchants, were themes for