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

It is true that amidst the general applause the voice of detraction made itself heard. The defenders of Londonderry were men of two nations and of two religions. During the siege, hatred of the Irishry had held together all Saxons; and hatred of Popery had held together all Protestants. But, when the danger was over, the Englishman and the Scotchman, the Episcopalian and the Presbyterian, began to wrangle about the distribution of praises and rewards. The dissenting preachers, who had zealously assisted Walker in the hour of peril, complained that, in the account which he published of the siege, he had, though acknowledging that they had done good service, omitted to mention their names. The complaint was just; and, had it been made in language becoming Christians and gentlemen, would probably have produced a considerable effect on the public mind. But Walker's accusers in their resentment disregarded truth and decency, used scurrilous language, brought calumnious accusations which were triumphantly refuted, and thus threw away the advantage which they had possessed. Walker defended himself with moderation and candour. His friends fought his battle with vigour, and retaliated keenly on his assailants. At Edinburgh perhaps the public opinion might have been against him. But in London the controversy seems only to have raised his character. He was regarded as an Anglican divine of eminent merit, who, after having heroically defended his religion against an army of Popish Rapparees, was rabbled by a mob of Scotch Covenanters, 530

He presented to the Commons a petition setting forth the destitute condition to which the widows and orphans of some brave men who had fallen during the siege were now reduced. The Commons instantly passed a vote of thanks to him, and resolved to present to the King an address requesting that ten thousand pounds might be distributed among the families whose sufferings had been so touchingly described. The next day it was rumoured about the benches that Walker was in the lobby. He was called in. The Speaker, with great dignity and grace, informed him that the House had made haste to comply with his request, commended him in high terms for having taken on himself to govern and defend a city betrayed by its proper governors and defenders, and charged him to tell those who had fought under him that their fidelity and valour would always be held in grateful remembrance by the Commons of England, 531

About the same time the course of parliamentary business was diversified by another curious and interesting episode, which, like the former, sprang out of the events of the Irish war. In the preceding spring, when every messenger from Ireland brought evil tidings, and when the authority of James was acknowledged in every part of that kingdom, except behind the ramparts of Londonderry and on the banks of Lough Erne, it was natural that Englishmen should remember with how terrible an energy the great Puritan warriors of the preceding generation had crushed the insurrection of the Celtic race. The names of Cromwell, of Ireton, and of the other chiefs of the conquering army, were in many mouths. One of those chiefs, Edmund Ludlow, was still living. At twenty-two he had served as a volunteer in the parliamentary army; at thirty he had risen to the rank of Lieutenant General. He was now old; but the vigour of his mind was unimpaired. His courage was of the truest temper; his understanding strong, but narrow. What he saw he saw clearly: but he saw not much at a glance. In an age of perfidy and levity, he had, amidst manifold temptations and dangers, adhered firmly to the principles of his youth. His enemies could not deny that his life had been consistent, and that with the same spirit with which he had stood up against the Stuarts he had stood up against the Cromwells. There was but a single blemish on his fame: but that blemish, in the opinion of the great majority of his countrymen, was one for which no merit could compensate and which no time could efface. His name and seal were on the death warrant of Charles the First.

After the Restoration, Ludlow found a refuge on the shores of the Lake of Geneva. He was accompanied thither by another member of the High Court of Justice, John Lisle, the husband of that Alice Lisle whose death has left a lasting stain on the memory of James the Second. But even in Switzerland the regicides were not safe. A large price was set on their heads; and a succession of Irish adventurers, inflamed by national and religious animosity, attempted to earn the bribe. Lisle fell by the hand of one of these assassins. But Ludlow escaped unhurt from all the machinations of his enemies. A small knot of vehement and determined Whigs regarded him with a veneration, which increased as years rolled away, and left him almost the only survivor, certainly the most illustrious survivor, of a mighty race of men, the conquerors in a terrible civil war, the judges of a king, the founders of a republic. More than once he had been invited by the enemies of the House of Stuart to leave his asylum, to become their captain, and to give the signal for rebellion: but he had wisely refused to take any part in the desperate enterprises which the Wildmans and Fergusons were never weary of planning, 532

The Revolution opened a new prospect to him. The right of the people to resist oppression, a right which, during many years, no man could assert without exposing himself to ecclesiastical anathemas and to civil penalties, had been solemnly recognised by the Estates of the realm, and had been proclaimed by Garter King at Arms on the very spot where the memorable scaffold had been set up forty years before. James had not, indeed, like Charles, died the death of a traitor. Yet the punishment of the son might seem to differ from the punishment of the father rather in degree than in principle. Those who had recently waged war on a tyrant, who had turned him out of his palace, who had frightened him out of his country, who had deprived him of his crown, might perhaps think that the crime of going one step further had been sufficiently expiated by thirty years of banishment. Ludlow's admirers, some of whom appear to have been in high public situations, assured him that he might safely venture over, nay, that he might expect to be sent in high command to Ireland, where his name was still cherished by his old soldiers and by their children, 533 He came and early in September it was known that he was in London, 534 But it soon appeared that he and his friends had misunderstood the temper of the English people. By all, except a small extreme section of the Whig party, the act, in which he had borne a part never to be forgotten, was regarded, not merely with the disapprobation due to a great violation of law and justice, but with horror such as even the Gunpowder Plot had not excited. The absurd and almost impious service which is still read in our churches on the thirtieth of January had produced in the minds of the vulgar a strange association of ideas. The sufferings of Charles were confounded with the sufferings of the Redeemer of mankind; and every regicide was a Judas, a Caiaphas or a Herod. It was true that, when Ludlow sate on the tribunal in Westminster Hall, he was an ardent enthusiast of twenty eight, and that he now returned from exile a greyheaded and wrinkled man in his seventieth year. Perhaps, therefore, if he had been content to live in close retirement, and to shun places of public resort, even zealous Royalists might not have grudged the old Republican a grave in his native soil. But he had no thought of hiding himself. It was soon rumoured that one of those murderers, who had brought on England guilt, for which she annually, in sackcloth and ashes, implored God not to enter into judgment with her, was strutting about the streets of her capital, and boasting that he should ere long command her armies. His lodgings, it was said, were the head quarters of the most noted enemies of monarchy and episcopacy, 535 The subject was brought before the House of Commons. The Tory members called loudly for justice on the traitor. None of the Whigs ventured to say a word in his defence. One or two faintly expressed a doubt whether the fact of his return had been proved by evidence such as would warrant a parliamentary proceeding. The objection was disregarded. It was resolved, without a division, that the King should be requested to issue a proclamation for the apprehending of Ludlow. Seymour presented the address; and the King promised to do what was asked. Some days however elapsed before the proclamation appeared, 536 Ludlow had time to make his escape, and again hid himself in his Alpine retreat, never again to emerge. English travellers are still taken to see his house close to the lake, and his tomb in a church among the vineyards which overlook the little town of Vevay. On the house was formerly legible an inscription purporting that to him to whom God is a father every land is a fatherland; 537 and the epitaph on the tomb still attests the feelings with which the stern old Puritan to the last regarded the people of Ireland and the House of Stuart.

Tories and Whigs had concurred, or had affected to concur, in paying honour to Walker and in putting a brand on Ludlow. But the feud between the two parties was more bitter than ever. The King had entertained a hope that, during the recess, the animosities which had in the preceding session prevented an Act of Indemnity from passing would have been mitigated. On the day on which the Houses reassembled, he had pressed them earnestly to put an end to the fear and discord which could never cease to exist, while great numbers held their property and their liberty, and not a few even their lives, by an uncertain tenure. His exhortation proved of no effect. October, November, December passed away; and nothing was done. An Indemnity Bill indeed had been brought in, and read once; but it had ever since lain neglected on the table of the House, 538 Vindictive as had been the mood in which the Whigs had left Westminster, the mood in which they returned was more vindictive still. Smarting from old sufferings, drunk with recent prosperity, burning with implacable resentment, confident of irresistible strength, they were not less rash and headstrong than in the days of the Exclusion Bill. Sixteen hundred and eighty was come again. Again all compromise was rejected. Again the voices of the wisest and most upright friends of liberty were drowned by the clamour of hotheaded and designing agitators. Again moderation was despised as cowardice, or execrated as treachery. All the lessons taught by a cruel experience were forgotten. The very same men who had expiated, by years of humiliation, of imprisonment, of penury, of exile, the folly with which they had misused the advantage given them by the Popish plot, now misused with equal folly the advantage given them by the Revolution. The second madness would, in all probability, like the first, have ended in their proscription, dispersion, decimation, but for the magnanimity and wisdom of that great prince, who, bent on fulfilling his mission, and insensible alike to flattery and to outrage, coldly and inflexibly saved them in their own despite.

It seemed that nothing but blood would satisfy them. The aspect and the temper of the House of Commons reminded men of the time of the ascendency of Oates; and, that nothing might be wanting to the resemblance, Oates himself was there. As a witness, indeed, he could now render no service: but he had caught the scent of carnage, and came to gloat on the butchery in which he could no longer take an active part. His loathsome features were again daily seen, and his well known "Ah Laard, ah Laard!" was again daily heard in the lobbies and in the gallery, 539 The House fell first on the renegades of the late reign. Of those renegades the Earls of Peterborough and Salisbury were the highest in rank, but were also the lowest in intellect: for Salisbury had always been an idiot; and Peterborough had long been a dotard. It was however resolved by the Commons that both had, by joining the Church of Rome, committed high treason, and that both should be impeached, 540 A message to that effect was sent to the Lords. Poor old Peterborough was instantly taken into custody, and was sent, tottering on a crutch, and wrapped up in woollen stuffs, to the Tower. The next day Salisbury was brought to the bar of his peers. He muttered something about his youth and his foreign education, and was then sent to bear Peterborough company, 541 The Commons had meanwhile passed on to offenders of humbler station and better understanding. Sir Edward Hales was brought before them. He had doubtless, by holding office in defiance of the Test Act, incurred heavy penalties. But these penalties fell far short of what the revengeful spirit of the victorious party demanded; and he was committed as a traitor, 542 Then Obadiah Walker was led in. He behaved with a pusillanimity and disingenuousness which deprived him of all claim to respect or pity. He protested that he had never changed his religion, that his opinions had always been and still were those of some highly respectable divines of the Church of England, and that there were points on which he differed from the Papists. In spite of this quibbling, he was pronounced guilty of high treason, and sent to prison, 543 Castlemaine was put next to the bar, interrogated, and committed under a warrant which charged him with the capital crime of trying to reconcile the kingdom to the Church of Rome, 544

In the meantime the Lords had appointed a Committee to Inquire who were answerable for the deaths of Russell, of Sidney, and of some other eminent Whigs. Of this Committee, which was popularly called the Murder Committee, the Earl of Stamford, a Whig who had been deeply concerned in the plots formed by his party against the Stuarts, was chairman, 545 The books of the Council were inspected: the clerks of the Council were examined: some facts disgraceful to the Judges, to the Solicitors of the Treasury, to the witnesses for the Crown, and to the keepers of the state prisons, were elicited: but about the packing of the juries no evidence could be obtained. The Sheriffs kept their own counsel. Sir Dudley North, in particular, underwent a most severe cross examination with characteristic clearness of head and firmness of temper, and steadily asserted that he had never troubled himself about the political opinions of the persons whom he put on any panel, but had merely inquired whether they were substantial citizens. He was undoubtedly lying; and so some of the Whig peers told him in very plain words and in very loud tones: but, though they were morally certain of his guilt, they could find no proofs which would support a criminal charge against him. The indelible stain however remains on his memory, and is still a subject of lamentation to those who, while loathing his dishonesty and cruelty, cannot forget that he was one of the most original, profound and accurate thinkers of his age, 546

Halifax, more fortunate than Dudley North, was completely cleared, not only from legal, but also from moral guilt. He was the chief object of attack; and yet a severe examination brought nothing to light that was not to his honour. Tillotson was called as a witness. He swore that he had been the channel of communication between Halifax and Russell when Russell was a prisoner in the Tower. "My Lord Halifax," said the Doctor, "showed a very compassionate concern for my Lord Russell; and my Lord Russell charged me with his last thanks for my Lord Halifax's humanity and kindness." It was proved that the unfortunate Duke of Monmouth had borne similar testimony to Halifax's good nature. One hostile witness indeed was produced, John Hampden, whose mean supplications and enormous bribes had saved his neck from the halter. He was now a powerful and prosperous man: he was a leader of the dominant party in the House of Commons; and yet he was one of the most unhappy beings on the face of the earth. The recollection of the pitiable figure which he had made at the bar of the Old Bailey embittered his temper, and impelled him to avenge himself without mercy on those who had directly or indirectly contributed to his humiliation. Of all the Whigs he was the most intolerant and the most obstinately hostile to all plans of amnesty. The consciousness that he had disgraced himself made him jealous of his dignity and quick to take offence. He constantly paraded his services and his sufferings, as if he hoped that this ostentatious display would hide from others the stain which nothing could hide from himself. Having during many months harangued vehemently against Halifax in the House of Commons, he now came to swear against Halifax before the Lords. The scene was curious. The witness represented himself as having saved his country, as having planned the Revolution, as having placed their Majesties on the throne. He then gave evidence intended to show that his life had been endangered by the machinations of the Lord Privy Seal: but that evidence missed the mark at which it was aimed, and recoiled on him from whom it proceeded. Hampden was forced to acknowledge that he had sent his wife to implore the intercession of the man whom he was now persecuting. "Is it not strange," asked Halifax, "that you should have requested the good offices of one whose arts had brought your head into peril?" "Not at all," said Hampden; "to whom was I to apply except to the men who were in power? I applied to Lord Jeffreys: I applied to Father Petre; and I paid them six thousand pounds for their services." "But did Lord Halifax take any money?" "No, I cannot say that he did." "And, Mr. Hampden, did not you afterwards send your wife to thank him for his kindness?" "Yes, I believe I did," answered Hampden; "but I know of no solid effects of that kindness. If there were any, I should be obliged to my Lord to tell me what they were." Disgraceful as had been the appearance which this degenerate heir of an illustrious name had made at the Old Bailey, the appearance which he made before the Committee of Murder was more disgraceful still, 547 It is pleasing to know that a person who had been far more cruelly wronged than he, but whose nature differed widely from his, the nobleminded Lady Russell, remonstrated against the injustice with which the extreme Whigs treated Halifax, 548

The malice of John Hampden, however, was unwearied and unabashed. A few days later, in a committee of the whole House of Commons on the state of the nation, he made a bitter speech, in which he ascribed all the disasters of the year to the influence of the men who had, in the days of the Exclusion Bill, been censured by Parliaments, of the men who had attempted to mediate between James and William. The King, he said, ought to dismiss from his counsels and presence all the three noblemen who had been sent to negotiate with him at Hungerford. He went on to speak of the danger of employing men of republican principles. He doubtless alluded to the chief object of his implacable malignity. For Halifax, though from temper averse to violent changes, was well known to be in speculation a republican, and often talked, with much ingenuity and pleasantry, against hereditary monarchy. The only effect, however, of the reflection now thrown on him was to call forth a roar of derision. That a Hampden, that the grandson of the great leader of the Long Parliament, that a man who boasted of having conspired with Algernon Sidney against the royal House, should use the word republican as a term of reproach! When the storm of laughter had subsided, several members stood up to vindicate the accused statesmen. Seymour declared that, much as he disapproved of the manner in which the administration had lately been conducted, he could not concur in the vote which John Hampden had proposed. "Look where you will," he said, "to Ireland, to Scotland, to the navy, to the army, you will find abundant proofs of mismanagement. If the war is still to be conducted by the same hands, we can expect nothing but a recurrence of the same disasters. But I am not prepared to proscribe men for the best thing that they ever did in their lives, to proscribe men for attempting to avert a revolution by timely mediation." It was justly said by another speaker that Halifax and Nottingham had been sent to the Dutch camp because they possessed the confidence of the nation, because they were universally known to be hostile to the dispensing power, to the Popish religion, and to the French ascendency. It was at length resolved that the King should be requested in general terms to find out and to remove the authors of the late miscarriages, 549 A committee was appointed to prepare an Address. John Hampden was chairman, and drew up a representation in terms so bitter that, when it was reported to the House, his own father expressed disapprobation, and one member exclaimed: "This an address! It is a libel." After a sharp debate, the Address was recommitted, and was not again mentioned, 550

Indeed, the animosity which a large part of the House had felt against Halifax was beginning to abate. It was known that, though he had not yet formally delivered up the Privy Seal, he had ceased to be a confidential adviser of the Crown. The power which he had enjoyed during the first months of the reign of William and Mary had passed to the more daring, more unscrupulous and more practical Caermarthen, against whose influence Shrewsbury contended in vain. Personally Shrewsbury stood high in the royal favour: but he was a leader of the Whigs, and, like all leaders of parties, was frequently pushed forward against his will by those who seemed to follow him. He was himself inclined to a mild and moderate policy: but he had not sufficient firmness to withstand the clamorous importunity with which such politicians as John Howe and John Hampden demanded vengeance on their enemies. His advice had therefore, at this time, little weight with his master, who neither loved the Tories nor trusted them, but who was fully determined not to proscribe them.

Meanwhile the Whigs, conscious that they had lately sunk in the opinion both of the King and of the nation, resolved on making a bold and crafty attempt to become independent of both. A perfect account of that attempt cannot be constructed out of the scanty and widely dispersed materials which have come down to us. Yet the story, as it has come down to us, is both interesting and instructive.

A bill for restoring the rights of those corporations which had surrendered their charters to the Crown during the last two reigns had been brought into the House of Commons, had been received with general applause by men of all parties, had been read twice, and had been referred to a select committee, of which Somers was chairman. On the second of January Somers brought up the report. The attendance of Tories was scanty: for, as no important discussion was expected, many country gentlemen had left town, and were keeping a merry Christmas by the chimney fires of their manor houses. The muster of zealous Whigs was strong. As soon as the bill had been reported, Sacheverell, renowned in the stormy parliaments of the reign of Charles the Second as one of the ablest and keenest of the Exclusionists, stood up and moved to add a clause providing that every municipal functionary who had in any manner been a party to the surrendering of the franchises of a borough should be incapable for seven years of holding any office in that borough. The constitution of almost every corporate town in England had been remodelled during that hot fit of loyalty which followed the detection of the Rye House Plot; and, in almost every corporate town, the voice of the Tories had been for delivering up the charter, and for trusting every thing to the paternal care of the Sovereign. The effect of Sacheverell's clause, therefore, was to make some thousands of the most opulent and highly considered men in the kingdom incapable, during seven years, of bearing any part in the government of the places in which they resided, and to secure to the Whig party, during seven years, an overwhelming influence in borough elections.

The minority exclaimed against the gross injustice of passing, rapidly and by surprise, at a season when London was empty, a law of the highest importance, a law which retrospectively inflicted a severe penalty on many hundreds of respectable gentlemen, a law which would call forth the strongest passions in every town from Berwick to St. Ives, a law which must have a serious effect on the composition of the House itself. Common decency required at least an adjournment. An adjournment was moved: but the motion was rejected by a hundred and twenty-seven votes to eighty-nine. The question was then put that Sacheverell's clause should stand part of the bill, and was carried by a hundred and thirty-three to sixty-eight. Sir Robert Howard immediately moved that every person who, being under Sacheverell's clause disqualified for municipal office, should presume to take any such office, should forfeit five hundred pounds, and should be for life incapable of holding any public employment whatever. The Tories did not venture to divide, 551 The rules of the House put it in the power of a minority to obstruct the progress of a bill; and this was assuredly one of the very rare occasions on which that power would have been with great propriety exerted. It does not appear, however, that the parliamentary tacticians of that age were aware of the extent to which a small number of members can, without violating any form, retard the course of business.

It was immediately resolved that the bill, enlarged by Sacheverell's and Howard's clauses, should be ingrossed. The most vehement Whigs were bent on finally passing it within forty-eight hours. The Lords, indeed, were not likely to regard it very favourably. But it should seem that some desperate men were prepared to withhold the supplies till it should pass, nay, even to tack it to the bill of supply, and thus to place the Upper House under the necessity of either consenting to a vast proscription of the Tories or refusing to the government the means of carrying on the war, 552 There were Whigs, however, honest enough to wish that fair play should be given to the hostile party, and prudent enough to know that an advantage obtained by violence and cunning could not be permanent. These men insisted that at least a week should be suffered to elapse before the third reading, and carried their point. Their less scrupulous associates complained bitterly that the good cause was betrayed. What new laws of war were these? Why was chivalrous courtesy to be shown to foes who thought no stratagem immoral, and who had never given quarter? And what had been done that was not in strict accordance with the law of Parliament? That law knew nothing of short notices and long notices, of thin houses and full houses. It was the business of a representative of the people to be in his place. If he chose to shoot and guzzle at his country seat when important business was under consideration at Westminster, what right had he to murmur because more upright and laborious servants of the public passed, in his absence, a bill which appeared to them necessary to the public safety? As however a postponement of a few days appeared to be inevitable, those who had intended to gain the victory by stealing a march now disclaimed that intention. They solemnly assured the King, who could not help showing some displeasure at their conduct, and who felt much more displeasure than he showed, that they had owed nothing to surprise, and that they were quite certain of a majority in the fullest house. Sacheverell is said to have declared with great warmth that he would stake his seat on the issue, and that if he found himself mistaken he would never show his face in Parliament again. Indeed, the general opinion at first was that the Whigs would win the day. But it soon became clear that the fight would be a hard one. The mails had carried out along all the high roads the tidings that, on the second of January, the Commons had agreed to a retrospective penal law against the whole Tory party, and that, on the tenth, that law would be considered for the last time. The whole kingdom was moved from Northumberland to Cornwall. A hundred knights and squires left their halls hung with mistletoe and holly, and their boards groaning with brawn and plum porridge, and rode up post to town, cursing the short days, the cold weather, the miry roads and the villanous Whigs. The Whigs, too, brought up reinforcements, but not to the same extent; for the clauses were generally unpopular, and not without good cause. Assuredly no reasonable man of any party will deny that the Tories, in surrendering to the Crown all the municipal franchises of the realm, and, with those franchises, the power of altering the constitution of the House of Commons, committed a great fault. But in that fault the nation itself had been an accomplice. If the Mayors and Aldermen whom it was now proposed to punish had, when the tide of loyal enthusiasm ran high, sturdily refused to comply with the wish of their Sovereign, they would have been pointed at in the street as Roundhead knaves, preached at by the Rector, lampooned in ballads, and probably burned in effigy before their own doors. That a community should be hurried into errors alternately by fear of tyranny and by fear of anarchy is doubtless a great evil. But the remedy for that evil is not to punish for such errors some persons who have merely erred with the rest, and who have since repented with the rest. Nor ought it to have been forgotten that the offenders against whom Sacheverell's clause was directed had, in 1688, made large atonement for the misconduct of which they had been guilty in 1683. They had, as a class, stood up firmly against the dispensing power; and most of them had actually been turned out of their municipal offices by James for refusing to support his policy. It is not strange therefore that the attempt to inflict on all these men without exception a degrading punishment should have raised such a storm of public indignation as many Whig members of parliament were unwilling to face.