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Томас Бабингтон Маколей
The History of England, from the Accession of James II — Volume 3

When the royal speech had been pronounced, the Chancellor directed the Commons to repair to their chamber and to elect a Speaker. They chose the Attorney General Nagle; and the choice was approved by the King, 218

The Commons next passed resolutions expressing warm gratitude both to James and to Lewis. Indeed it was proposed to send a deputation with an address to Avaux; but the Speaker pointed out the gross impropriety of such a step; and, on this occasion, his interference was successful, 219 It was seldom however that the House was disposed to listen to reason. The debates were all rant and tumult. Judge Daly, a Roman Catholic, but an honest and able man, could not refrain from lamenting the indecency and folly with which the members of his Church carried on the work of legislation. Those gentlemen, he said, were not a Parliament: they were a mere rabble: they resembled nothing so much as the mob of fishermen and market gardeners, who, at Naples, yelled and threw up their caps in honour of Massaniello. It was painful to hear member after member talking wild nonsense about his own losses, and clamouring for an estate, when the lives of all and the independence of their common country were in peril. These words were spoken in private; but some talebearer repeated them to the Commons. A violent storm broke forth. Daly was ordered to attend at the bar; and there was little doubt that he would be severely dealt with. But, just when he was at the door, one of the members rushed in, shouting, "Good news: Londonderry is taken." The whole House rose. All the hats were flung into the air. Three loud huzzas were raised. Every heart was softened by the happy tidings. Nobody would hear of punishment at such a moment. The order for Daly's attendance was discharged amidst cries of "No submission; no submission; we pardon him." In a few hours it was known that Londonderry held out as obstinately as ever. This transaction, in itself unimportant, deserves to be recorded, as showing how destitute that House of Commons was of the qualities which ought to be found in the great council of a kingdom. And this assembly, without experience, without gravity, and without temper, was now to legislate on questions which would have tasked to the utmost the capacity of the greatest statesmen, 220

One Act James induced them to pass which would have been most honourable to him and to them, if there were not abundant proofs that it was meant to be a dead letter. It was an Act purporting to grant entire liberty of conscience to all Christian sects. On this occasion a proclamation was put forth announcing in boastful language to the English people that their rightful King had now signally refuted those slanderers who had accused him of affecting zeal for religious liberty merely in order to serve a turn. If he were at heart inclined to persecution, would he not have persecuted the Irish Protestants? He did not want power. He did not want provocation. Yet at Dublin, where the members of his Church were the majority, as at Westminister, where they were a minority, he had firmly adhered to the principles laid down in his much maligned Declaration of Indulgence, 221 Unfortunately for him, the same wind which carried his fair professions to England carried thither also evidence that his professions were insincere. A single law, worthy of Turgot or of Franklin, seemed ludicrously out of place in the midst of a crowd of laws which would have disgraced Gardiner or Alva.

A necessary preliminary to the vast work of spoliation and slaughter on which the legislators of Dublin were bent, was an Act annulling the authority which the English Parliament, both as the supreme legislature and as the supreme Court of Appeal, had hitherto exercised over Ireland, 222 This Act was rapidly passed; and then followed, in quick succession, confiscations and proscriptions on a gigantic scale. The personal estates of absentees above the age of seventeen years were transferred to the King. When lay property was thus invaded, it was not likely that the endowments which had been, in contravention of every sound principle, lavished on the Church of the minority would be spared. To reduce those endowments, without prejudice to existing interests, would have been a reform worthy of a good prince and of a good parliament. But no such reform would satisfy the vindictive bigots who sate at the King's Inns. By one sweeping Act, the greater part of the tithe was transferred from the Protestant to the Roman Catholic clergy; and the existing incumbents were left, without one farthing of compensation, to die of hunger, 223 A Bill repealing the Act of Settlement and transferring many thousands of square miles from Saxon to Celtic landlords was brought in and carried by acclamation, 224

Of legislation such as this it is impossible to speak too severely: but for the legislators there are excuses which it is the duty of the historian to notice. They acted unmercifully, unjustly, unwisely. But it would be absurd to expect mercy, justice, or wisdom from a class of men first abased by many years of oppression, and then maddened by the joy of a sudden deliverance, and armed with irresistible power. The representatives of the Irish nation were, with few exceptions, rude and ignorant. They had lived in a state of constant irritation. With aristocratical sentiments they had been in a servile position. With the highest pride of blood, they had been exposed to daily affronts, such as might well have roused the choler of the humblest plebeian. In sight of the fields and castles which they regarded as their own, they had been glad to be invited by a peasant to partake of his whey and his potatoes. Those violent emotions of hatred and cupidity which the situation of the native gentleman could scarcely fail to call forth appeared to him under the specious guise of patriotism and piety. For his enemies were the enemies of his nation; and the same tyranny which had robbed him of his patrimony had robbed his Church of vast wealth bestowed on her by the devotion of an earlier age. How was power likely to be used by an uneducated and inexperienced man, agitated by strong desires and resentments which he mistook for sacred duties? And, when two or three hundred such men were brought together in one assembly, what was to be expected but that the passions which each had long nursed in silence would be at once matured into fearful vigour by the influence of sympathy?

Between James and his parliament there was little in common, except hatred of the Protestant religion. He was an Englishman. Superstition had not utterly extinguished all national feeling in his mind; and he could not but be displeased by the malevolence with which his Celtic supporters regarded the race from which he sprang. The range of his intellectual vision was small. Yet it was impossible that, having reigned in England, and looking constantly forward to the day when he should reign in England once more, he should not take a wider view of politics than was taken by men who had no objects out of Ireland. The few Irish Protestants who still adhered to him, and the British nobles, both Protestant and Roman Catholic, who had followed him into exile, implored him to restrain the violence of the rapacious and vindictive senate which he had convoked. They with peculiar earnestness implored him not to consent to the repeal of the Act of Settlement. On what security, they asked, could any man invest his money or give a portion to his children, if he could not rely on positive laws and on the uninterrupted possession of many years? The military adventurers among whom Cromwell portioned out the soil might perhaps be regarded as wrongdoers. But how large a part of their estates had passed, by fair purchase, into other hands! How much money had proprietors borrowed on mortgage, on statute merchant, on statute staple! How many capitalists had, trusting to legislative acts and to royal promises, come over from England, and bought land in Ulster and Leinster, without the least misgiving as to the title! What a sum had those capitalists expended, during a quarter of a century, in building; draining, inclosing, planting! The terms of the compromise which Charles the Second had sanctioned might not be in all respects just. But was one injustice to be redressed by committing another injustice more monstrous still? And what effect was likely to be produced in England by the cry of thousands of innocent English families whom an English king had doomed to ruin? The complaints of such a body of sufferers might delay, might prevent, the Restoration to which all loyal subjects were eagerly looking forward; and, even if his Majesty should, in spite of those complaints, be happily restored, he would to the end of his life feel the pernicious effects of the injustice which evil advisers were now urging him to commit. He would find that, in trying to quiet one set of malecontents, he had created another. As surely as he yielded to the clamour raised at Dublin for a repeal of the Act of Settlement, he would, from the day on which he returned to Westminster, be assailed by as loud and pertinacious a clamour for a repeal of that repeal. He could not but be aware that no English Parliament, however loyal, would permit such laws as were now passing through the Irish Parliament to stand. Had he made up his mind to take the part of Ireland against the universal sense of England? If so, to what could he look forward but another banishment and another deposition? Or would he, when he had recovered the greater kingdom, revoke the boors by which, in his distress, he had purchased the help of the smaller? It might seem an insult to him even to suggest that he could harbour the thought of such unprincely, of such unmanly, perfidy. Yet what other course would be left to him? And was it not better for him to refuse unreasonable concessions now than to retract those concessions hereafter in a manner which must bring on him reproaches insupportable to a noble mind? His situation was doubtless embarrassing. Yet in this case, as in other cases, it would be found that the path of justice was the path of wisdom, 225

Though James had, in his speech at the opening of the session, declared against the Act of Settlement, he felt that these arguments were unanswerable. He held several conferences with the leading members of the House of Commons, and earnestly recommended moderation. But his exhortations irritated the passions which he wished to allay. Many of the native gentry held high and violent language. It was impudent, they said, to talk about the rights of purchasers. How could right spring out of wrong? People who chose to buy property acquired by injustice must take the consequences of their folly and cupidity. It was clear that the Lower House was altogether impracticable. James had, four years before, refused to make the smallest concession to the most obsequious parliament that has ever sat in England; and it might have been expected that the obstinacy, which he had never wanted when it was a vice, would not have failed him now when it would have been a virtue. During a short time he seemed determined to act justly. He even talked of dissolving the parliament. The chiefs of the old Celtic families, on the other hand, said publicly that, if he did not give them back their inheritance, they would not fight for his. His very soldiers railed on him in the streets of Dublin. At length he determined to go down himself to the House of Peers, not in his robes and crown, but in the garb in which he had been used to attend debates at Westminster, and personally to solicit the Lords to put some check on the violence of the Commons. But just as he was getting into his coach for this purpose he was stopped by Avaux. Avaux was as zealous as any Irishman for the bills which the Commons were urging forward. It was enough for him that those bills seemed likely to make the enmity between England and Ireland irreconcileable. His remonstrances induced James to abstain from openly opposing the repeal of the Act of Settlement. Still the unfortunate prince continued to cherish some faint hope that the law for which the Commons were so zealous would be rejected, or at least modified, by the Peers. Lord Granard, one of the few Protestant noblemen who sate in that parliament, exerted himself strenuously on the side of public faith and sound policy. The King sent him a message of thanks. "We Protestants," said Granard to Powis who brought the message, "are few in number. We can do little. His Majesty should try his influence with the Roman Catholics." "His Majesty," answered Powis with an oath, "dares not say what he thinks." A few days later James met Granard riding towards the parliament house. "Where are you going, my Lord?" said the King. "To enter my protest, Sir," answered Granard, "against the repeal of the Act of Settlement." "You are right," said the King: "but I am fallen into the hands of people who will ram that and much more down my throat." 226

James yielded to the will of the Commons; but the unfavourable impression which his short and feeble resistance had made upon them was not to be removed by his submission. They regarded him with profound distrust; they considered him as at heart an Englishman; and not a day passed without some indication of this feeling. They were in no haste to grant him a supply. One party among them planned an address urging him to dismiss Melfort as an enemy of their nation. Another party drew up a bill for deposing all the Protestant Bishops, even the four who were then actually sitting in Parliament. It was not without difficulty that Avaux and Tyrconnel, whose influence in the Lower House far exceeded the King's, could restrain the zeal of the majority, 227

It is remarkable that, while the King was losing the confidence and good will of the Irish Commons by faintly defending against them, in one quarter, the institution of property, he was himself, in another quarter, attacking that institution with a violence, if possible, more reckless than theirs. He soon found that no money came into his Exchequer. The cause was sufficiently obvious. Trade was at an end. Floating capital had been withdrawn in great masses from the island. Of the fixed capital much had been destroyed, and the rest was lying idle. Thousands of those Protestants who were the most industrious and intelligent part of the population had emigrated to England. Thousands had taken refuge in the places which still held out for William and Mary. Of the Roman Catholic peasantry who were in the vigour of life the majority had enlisted in the army or had joined gangs of plunderers. The poverty of the treasury was the necessary effect of the poverty of the country: public prosperity could be restored only by the restoration of private prosperity; and private prosperity could be restored only by years of peace and security. James was absurd enough to imagine that there was a more speedy and efficacious remedy. He could, he conceived, at once extricate himself from his financial difficulties by the simple process of calling a farthing a shilling. The right of coining was undoubtedly a flower of the prerogative; and, in his view, the right of coining included the right of debasing the coin. Pots, pans, knockers of doors, pieces of ordnance which had long been past use, were carried to the mint. In a short time lumps of base metal, nominally worth near a million sterling, intrinsically worth about a sixtieth part of that sum, were in circulation. A royal edict declared these pieces to be legal tender in all cases whatever. A mortgage for a thousand pounds was cleared off by a bag of counters made out of old kettles. The creditors who complained to the Court of Chancery were told by Fitton to take their money and be gone. But of all classes the tradesmen of Dublin, who were generally Protestants, were the greatest losers. At first, of course, they raised their demands: but the magistrates of the city took on themselves to meet this heretical machination by putting forth a tariff regulating prices. Any man who belonged to the caste now dominant might walk into a shop, lay on the counter a bit of brass worth threepence, and carry off goods to the value of half a guinea. Legal redress was out of the question. Indeed the sufferers thought themselves happy if, by the sacrifice of their stock in trade, they could redeem their limbs and their lives. There was not a baker's shop in the city round which twenty or thirty soldiers were not constantly prowling. Some persons who refused the base money were arrested by troopers and carried before the Provost Marshal, who cursed them, swore at them, locked them up in dark cells, and, by threatening to hang them at their own doors, soon overcame their resistance. Of all the plagues of that time none made a deeper or a more lasting impression on the minds of the Protestants of Dublin than the plague of the brass money, 228 To the recollection of the confusion and misery which had been produced by James's coin must be in part ascribed the strenuous opposition which, thirty-five years later, large classes, firmly attached to the House of Hanover, offered to the government of George the First in the affair of Wood's patent.

There can be no question that James, in thus altering, by his own authority, the terms of all the contracts in the kingdom, assumed a power which belonged only to the whole legislature. Yet the Commons did not remonstrate. There was no power, however unconstitutional, which they were not willing to concede to him, as long as he used it to crush and plunder the English population. On the other hand, they respected no prerogative, however ancient, however legitimate, however salutary, if they apprehended that he might use it to protect the race which they abhorred. They were not satisfied till they had extorted his reluctant consent to a portentous law, a law without a parallel in the history of civilised countries, the great Act of Attainder.

A list was framed containing between two and three thousand names. At the top was half the peerage of Ireland. Then came baronets, knights, clergymen, squires, merchants, yeomen, artisans, women, children. No investigation was made. Any member who wished to rid himself of a creditor, a rival, a private enemy, gave in the name to the clerk at the table, and it was generally inserted without discussion. The only debate of which any account has come down to us related to the Earl of Strafford. He had friends in the House who ventured to offer something in his favour. But a few words from Simon Luttrell settled the question. "I have," he said, "heard the King say some hard things of that lord." This was thought sufficient, and the name of Strafford stands fifth in the long table of the proscribed, 229

Days were fixed before which those whose names were on the list were required to surrender themselves to such justice as was then administered to English Protestants in Dublin. If a proscribed person was in Ireland, he must surrender himself by the tenth of August. If he had left Ireland since the fifth of November 1688, he must surrender himself by the first of September. If he had left Ireland before the fifth of November 1688, he must surrender himself by the first of October. If he failed to appear by the appointed day, he was to be hanged, drawn, and quartered without a trial, and his property was to be confiscated. It might be physically impossible for him to deliver himself up within the time fixed by the Act. He might be bedridden. He might be in the West Indies. He might be in prison. Indeed there notoriously were such cases. Among the attainted Lords was Mountjoy. He had been induced by the villany of Tyrconnel to trust himself at Saint Germains: he had been thrown into the Bastile: he was still lying there; and the Irish parliament was not ashamed to enact that, unless he could, within a few weeks, make his escape from his cell, and present himself at Dublin, he should be put to death, 230

As it was not even pretended that there had been any inquiry into the guilt of those who were thus proscribed, as not a single one among them had been heard in his own defence, and as it was certain that it would be physically impossible for many of them to surrender themselves in time, it was clear that nothing but a large exercise of the royal prerogative of mercy could prevent the perpetration of iniquities so horrible that no precedent could be found for them even in the lamentable history of the troubles of Ireland. The Commons therefore determined that the royal prerogative of mercy should be limited. Several regulations were devised for the purpose of making the passing of pardons difficult and costly: and finally it was enacted that every pardon granted by his Majesty, after the end of November 1689, to any of the many hundreds of persons who had been sentenced to death without a trial, should be absolutely void and of none effect. Sir Richard Nagle came in state to the bar of the Lords and presented the bill with a speech worthy of the occasion. "Many of the persons here attainted," said he, "have been proved traitors by such evidence as satisfies us. As to the rest we have followed common fame." 231

With such reckless barbarity was the list framed that fanatical royalists, who were, at that very time, hazarding their property, their liberty, their lives, in the cause of James, were not secure from proscription. The most learned man of whom the Jacobite party could boast was Henry Dodwell, Camdenian Professor in the University of Oxford. In the cause of hereditary monarchy he shrank from no sacrifice and from no danger. It was about him that William uttered those memorable words: "He has set his heart on being a martyr; and I have set my mind on disappointing him." But James was more cruel to friends than William to foes. Dodwell was a Protestant: he had some property in Connaught: these crimes were sufficient; and he was set down in the long roll of those who were doomed to the gallows and the quartering block, 232

That James would give his assent to a bill which took from him the power of pardoning, seemed to many persons impossible. He had, four years before, quarrelled with the most loyal of parliaments rather than cede a prerogative which did not belong to him. It might, therefore, well be expected that he would now have struggled hard to retain a precious prerogative which had been enjoyed by his predecessors ever since the origin of the monarchy, and which had never been questioned by the Whigs. The stern look and raised voice with which he had reprimanded the Tory gentlemen, who, in the language of profound reverence and fervent affection, implored him not to dispense with the laws, would now have been in place. He might also have seen that the right course was the wise course. Had he, on this great occasion, had the spirit to declare that he would not shed the blood of the innocent, and that, even as respected the guilty, he would not divest himself of the power of tempering judgment with mercy, he would have regained more hearts in England than he would have lost in Ireland. But it was ever his fate to resist where he should have yielded, and to yield where he should have resisted. The most wicked of all laws received his sanction; and it is but a very small extenuation of his guilt that his sanction was somewhat reluctantly given.

That nothing might be wanting to the completeness of this great crime, extreme care was taken to prevent the persons who were attainted from knowing that they were attainted, till the day of grace fixed in the Act was passed. The roll of names was not published, but kept carefully locked up in Fitton's closet. Some Protestants, who still adhered to the cause of James, but who were anxious to know whether any of their friends or relations had been proscribed, tried hard to obtain a sight of the list; but solicitation, remonstrance, even bribery, proved vain. Not a single copy got abroad till it was too late for any of the thousands who had been condemned without a trial to obtain a pardon, 233

Towards the close of July James prorogued the Houses. They had sate more than ten weeks; and in that space of time they had proved most fully that, great as have been the evils which Protestant ascendency has produced in Ireland, the evils produced by Popish ascendancy would have been greater still. That the colonists, when they had won the victory, grossly abused it, that their legislation was, during many years, unjust and tyrannical, is most true. But it is not less true that they never quite came up to the atrocious example set by their vanquished enemy during his short tenure of power.

Indeed, while James was loudly boasting that he had passed an Act granting entire liberty of conscience to all sects, a persecution as cruel as that of Languedoc was raging through all the provinces which owned his authority. It was said by those who wished to find an excuse for him that almost all the Protestants who still remained in Munster, Connaught, and Leinster were his enemies, and that it was not as schismatics, but as rebels in heart, who wanted only opportunity to become rebels in act, that he gave them up to be oppressed and despoiled; and to this excuse some weight might have been allowed if he had strenuously exerted himself to protect those few colonists, who, though firmly attached to the reformed religion, were still true to the doctrines of nonresistance and of indefeasible hereditary right. But even these devoted royalists found that their heresy was in his view a crime for which no services or sacrifices would atone. Three or four noblemen, members of the Anglican Church, who had welcomed him to Ireland, and had sate in his Parliament, represented to him that, if the rule which forbade any Protestant to possess any weapon were strictly enforced, their country houses would be at the mercy of the Rapparees, and obtained from him permission to keep arms sufficient for a few servants. But Avaux remonstrated. The indulgence, he said, was grossly abused: these Protestant lords were not to be trusted: they were turning their houses into fortresses: his Majesty would soon have reason to repent his goodness. These representations prevailed; and Roman Catholic troops were quartered in the suspected dwellings, 234

Still harder was the lot of those Protestant clergymen who continued to cling, with desperate fidelity, to the cause of the Lord's Anointed. Of all the Anglican divines the one who had the largest share of James's good graces seems to have been Cartwright. Whether Cartwright could long have continued to be a favourite without being an apostate may be doubted. He died a few weeks after his arrival in Ireland; and thenceforward his church had no one to plead her cause. Nevertheless a few of her prelates and priests continued for a time to teach what they had taught in the days of the Exclusion Bill. But it was at the peril of life or limb that they exercised their functions. Every wearer of a cassock was a mark for the insults and outrages of soldiers and Rapparees. In the country his house was robbed, and he was fortunate if it was not burned over his head. He was hunted through the streets of Dublin with cries of "There goes the devil of a heretic." Sometimes he was knocked down: sometimes he was cudgelled, 235 The rulers of the University of Dublin, trained in the Anglican doctrine of passive obedience, had greeted James on his first arrival at the Castle, and had been assured by him that he would protect them in the enjoyment of their property and their privileges. They were now, without any trial, without any accusation, thrust out of their house. The communion plate of the chapel, the books in the library, the very chairs and beds of the collegians were seized. Part of the building was turned into a magazine, part into a barrack, part into a prison. Simon Luttrell, who was Governor of the capital, was, with great difficulty and by powerful intercession, induced to let the ejected fellows and scholars depart in safety. He at length permitted them to remain at large, with this condition, that, on pain of death, no three of them should meet together, 236 No Protestant divine suffered more hardships than Doctor William King, Dean of Saint Patrick's. He had been long distinguished by the fervour with which he had inculcated the duty of passively obeying even the worst rulers. At a later period, when he had published a defence of the Revolution, and had accepted a mitre from the new government, he was reminded that he had invoked the divine vengeance on the usurpers, and had declared himself willing to die a hundred deaths rather than desert the cause of hereditary right. He had said that the true religion had often been strengthened by persecution, but could never be strengthened by rebellion; that it would be a glorious day for the Church of England when a whole cartload of her ministers should go to the gallows for the doctrine of nonresistance; and that his highest ambition was to be one of such a company, 237 It is not improbable that, when he spoke thus, he felt as he spoke. But his principles, though they might perhaps have held out against the severities and the promises of William, were not proof against the ingratitude of James. Human nature at last asserted its rights. After King had been repeatedly imprisoned by the government to which he was devotedly attached, after he had been insulted and threatened in his own choir by the soldiers, after he had been interdicted from burying in his own churchyard, and from preaching in his own pulpit, after he had narrowly escaped with life from a musketshot fired at him in the street, he began to think the Whig theory of government less unreasonable and unchristian than it had once appeared to him, and persuaded himself that the oppressed Church might lawfully accept deliverance, if God should be pleased, by whatever means, to send it to her.