Томас Бабингтон Маколей
The History of England, from the Accession of James II — Volume 3
As the decisive conflict drew near, and as the muster of the Tories became hourly stronger and stronger, the uneasiness of Sacheverell and of his confederates increased. They found that they could hardly hope for a complete victory. They must make some concession. They must propose to recommit the bill. They must declare themselves willing to consider whether any distinction could be made between the chief offenders and the multitudes who had been misled by evil example. But as the spirit of one party fell the spirit of the other rose. The Tories, glowing with resentment which was but too just, were resolved to listen to no terms of compromise.
The tenth of January came; and, before the late daybreak of that season, the House was crowded. More than a hundred and sixty members had come up to town within a week. From dawn till the candles had burned down to their sockets the ranks kept unbroken order; and few members left their seats except for a minute to take a crust of bread or a glass of claret. Messengers were in waiting to carry the result to Kensington, where William, though shaken by a violent cough, sate up till midnight, anxiously expecting the news, and writing to Portland, whom he had sent on an important mission to the Hague.
The only remaining account of the debate is defective and confused. But from that account it appears that the excitement was great. Sharp things were said. One young Whig member used language so hot that he was in danger of being called to the bar. Some reflections were thrown on the Speaker for allowing too much licence to his own friends. But in truth it mattered little whether he called transgressors to order or not. The House had long been quite unmanageable; and veteran members bitterly regretted the old gravity of debate and the old authority of the chair, 553 That Somers disapproved of the violence of the party to which he belonged may be inferred, both from the whole course of his public life, and from the very significant fact that, though he had charge of the Corporation Bill, he did not move the penal clauses, but left that ungracious office to men more impetuous and less sagacious than himself. He did not however abandon his allies in this emergency, but spoke for them, and tried to make the best of a very bad case. The House divided several times. On the first division a hundred and seventy-four voted with Sacheverell, a hundred and seventy-nine against him. Still the battle was stubbornly kept up; but the majority increased from five to ten, from ten to twelve, and from twelve to eighteen. Then at length, after a stormy sitting of fourteen hours, the Whigs yielded. It was near midnight when, to the unspeakable joy and triumph of the Tories, the clerk tore away from the parchment on which the bill had been engrossed the odious clauses of Sacheverell and Howard, 554
Emboldened by this great victory, the Tories made an attempt to push forward the Indemnity Bill which had lain many weeks neglected on the table, 555 But the Whigs, notwithstanding their recent defeat, were still the majority of the House; and many members, who had shrunk from the unpopularity which they would have incurred by supporting the Sacheverell clause and the Howard clause, were perfectly willing to assist in retarding the general pardon. They still propounded their favourite dilemma. How, they asked, was it possible to defend this project of amnesty without condemning the Revolution? Could it be contended that crimes which had been grave enough to justify resistance had not been grave enough to deserve punishment? And, if those crimes were of such magnitude that they could justly be visited on the Sovereign whom the Constitution had exempted from responsibility, on what principle was immunity to be granted to his advisers and tools, who were beyond all doubt responsible? One facetious member put this argument in a singular form. He contrived to place in the Speaker's chair a paper which, when examined, appeared to be a Bill of Indemnity for King James, with a sneering preamble about the mercy which had, since the Revolution, been extended to more heinous offenders, and about the indulgence due to a King, who, in oppressing his people, had only acted after the fashion of all Kings, 556
On the same day on which this mock Bill of Indemnity disturbed the gravity of the Commons, it was moved that the House should go into Committee on the real Bill. The Whigs threw the motion out by a hundred and ninety-three votes to a hundred and fifty-six. They then proceeded to resolve that a bill of pains and penalties against delinquents should be forthwith brought in, and engrafted on the Bill of Indemnity, 557
A few hours later a vote passed that showed more clearly than any thing that had yet taken place how little chance there was that the public mind would be speedily quieted by an amnesty. Few persons stood higher in the estimation of the Tory party than Sir Robert Sawyer. He was a man of ample fortune and aristocratical connections, of orthodox opinions and regular life, an able and experienced lawyer, a well read scholar, and, in spite of a little pomposity, a good speaker. He had been Attorney General at the time of the detection of the Rye House Plot; he had been employed for the Crown in the prosecutions which followed; and he had conducted those prosecutions with an eagerness which would, in our time, be called cruelty by all parties, but which, in his own time, and to his own party, seemed to be merely laudable zeal. His friends indeed asserted that he was conscientious even to scrupulosity in matters of life and death; 558 but this is an eulogy which persons who bring the feelings of the nineteenth century to the study of the State Trials of the seventeenth century will have some difficulty in understanding. The best excuse which can be made for this part of his life is that the stain of innocent blood was common to him with almost all the eminent public men of those evil days. When we blame him for prosecuting Russell, we must not forget that Russell had prosecuted Stafford.
Great as Sawyer's offences were, he had made great atonement for them. He had stood up manfully against Popery and despotism; he had, in the very presence chamber, positively refused to draw warrants in contravention of Acts of Parliament; he had resigned his lucrative office rather than appear in Westminster Hall as the champion of the dispensing power; he had been the leading counsel for the seven Bishops; and he had, on the day of their trial, done his duty ably, honestly, and fearlessly. He was therefore a favourite with High Churchmen, and might be thought to have fairly earned his pardon from the Whigs. But the Whigs were not in a pardoning mood; and Sawyer was now called to account for his conduct in the case of Sir Thomas Armstrong.
If Armstrong was not belied, he was deep in the worst secrets of the Rye House Plot, and was one of those who undertook to slay the two royal brothers. When the conspiracy was discovered, he fled to the Continent and was outlawed. The magistrates of Leyden were induced by a bribe to deliver him up. He was hurried on board of an English ship, carried to London, and brought before the King's Bench. Sawyer moved the Court to award execution on the outlawry. Armstrong represented that a year had not yet elapsed since he had been outlawed, and that, by an Act passed in the reign of Edward the Sixth, an outlaw who yielded himself within the year was entitled to plead Not Guilty, and to put himself on his country. To this it was answered that Armstrong had not yielded himself, that he had been dragged to the bar a prisoner, and that he had no right to claim a privilege which was evidently meant to be given only to persons who voluntarily rendered themselves up to public justice. Jeffreys and the other judges unanimously overruled Armstrong's objection, and granted the award of execution. Then followed one of the most terrible of the many terrible scenes which, in those times, disgraced our Courts. The daughter of the unhappy man was at his side. "My Lord," she cried out, "you will not murder my father. This is murdering a man." "How now?" roared the Chief Justice. "Who is this woman? Take her, Marshal. Take her away." She was forced out, crying as she went, "God Almighty's judgments light on you!" "God Almighty's judgment," said Jeffreys, "will light on traitors. Thank God, I am clamour proof." When she was gone, her father again insisted on what he conceived to be his right. "I ask" he said, "only the benefit of the law." "And, by the grace of God, you shall have it," said the judge. "Mr. Sheriff, see that execution be done on Friday next. There is the benefit of the law for you." On the following Friday, Armstrong was hanged, drawn and quartered; and his head was placed over Westminster Hall, 559
The insolence and cruelty of Jeffreys excite, even at the distance of so many years, an indignation which makes it difficult to be just to him. Yet a perfectly dispassionate inquirer may perhaps think it by no means clear that the award of execution was illegal. There was no precedent; and the words of the Act of Edward the Sixth may, without any straining, be construed as the Court construed them. Indeed, had the penalty been only fine or imprisonment, nobody would have seen any thing reprehensible in the proceeding. But to send a man to the gallows as a traitor, without confronting him with his accusers, without hearing his defence, solely because a timidity which is perfectly compatible with innocence has impelled him to hide himself, is surely a violation, if not of any written law, yet of those great principles to which all laws ought to conform. The case was brought before the House of Commons. The orphan daughter of Armstrong came to the bar to demand vengeance; and a warm debate followed. Sawyer was fiercely attacked and strenuously defended. The Tories declared that he appeared to them to have done only what, as counsel for the Crown, he was bound to do, and to have discharged his duty to God, to the King, and to the prisoner. If the award was legal, nobody was to blame; and, if the award was illegal, the blame lay, not with the Attorney General, but with the Judges. There would be an end of all liberty of speech at the bar, if an advocate was to be punished for making a strictly regular application to a Court, and for arguing that certain words in a statute were to be understood in a certain sense. The Whigs called Sawyer murderer, bloodhound, hangman. If the liberty of speech claimed by advocates meant the liberty of haranguing men to death, it was high time that the nation should rise up and exterminate the whole race of lawyers. "Things will never be well done," said one orator, "till some of that profession be made examples." "No crime to demand execution!" exclaimed John Hampden. "We shall be told next that it was no crime in the Jews to cry out 'Crucify him.'" A wise and just man would probably have been of opinion that this was not a case for severity. Sawyer's conduct might have been, to a certain extent, culpable: but, if an Act of Indemnity was to be passed at all, it was to be passed for the benefit of persons whose conduct had been culpable. The question was not whether he was guiltless, but whether his guilt was of so peculiarly black a dye that he ought, notwithstanding all his sacrifices and services, to be excluded by name from the mercy which was to be granted to many thousands of offenders. This question calm and impartial judges would probably have decided in his favour. It was, however, resolved that he should be excepted from the Indemnity, and expelled from the House, 560
On the morrow the Bill of Indemnity, now transformed into a Bill of Pains and Penalties, was again discussed. The Whigs consented to refer it to a Committee of the whole House, but proposed to instruct the Committee to begin its labours by making out a list of the offenders who were to be proscribed. The Tories moved the previous question. The House divided; and the Whigs carried their point by a hundred and ninety votes to a hundred and seventy-three, 561
The King watched these events with painful anxiety. He was weary of his crown. He had tried to do justice to both the contending parties; but justice would satisfy neither. The Tories hated him for protecting the Dissenters. The Whigs hated him for protecting the Tories. The amnesty seemed to be more remote than when, ten months before, he first recommended it from the throne. The last campaign in Ireland had been disastrous. It might well be that the next campaign would be more disastrous still. The malpractices, which had done more than the exhalations of the marshes of Dundalk to destroy the efficiency of the English troops, were likely to be as monstrous as ever. Every part of the administration was thoroughly disorganized; and the people were surprised and angry because a foreigner, newly come among them, imperfectly acquainted with them, and constantly thwarted by them, had not, in a year, put the whole machine of government to rights. Most of his ministers, instead of assisting him, were trying to get up addresses and impeachments against each other. Yet if he employed his own countrymen, on whose fidelity and attachment he could rely, a general cry of rage was set up by all the English factions. The knavery of the English Commissariat had destroyed an army: yet a rumour that he intended to employ an able, experienced, and trusty Commissary from Holland had excited general discontent. The King felt that he could not, while thus situated, render any service to that great cause to which his whole soul was devoted. Already the glory which he had won by conducting to a successful issue the most important enterprise of that age was becoming dim. Even his friends had begun to doubt whether he really possessed all that sagacity and energy which had a few months before extorted the unwilling admiration of his enemies. But he would endure his splendid slavery no longer. He would return to his native country. He would content himself with being the first citizen of a commonwealth to which the name of Orange was dear. As such, he might still be foremost among those who were banded together in defence of the liberties of Europe. As for the turbulent and ungrateful islanders, who detested him because he would not let them tear each other in pieces, Mary must try what she could do with them. She was born on their soil. She spoke their language. She did not dislike some parts of their Liturgy, which they fancied to be essential, and which to him seemed at best harmless. If she had little knowledge of politics and war, she had what might be more useful, feminine grace and tact, a sweet temper, a smile and a kind word for every body. She might be able to compose the disputes which distracted the State and the Church. Holland, under his government, and England under hers, might act cordially together against the common enemy.
He secretly ordered preparations to be made for his voyage. Having done this, he called together a few of his chief counsellors, and told them his purpose. A squadron, he said, was ready to convey him to his country. He had done with them. He hoped that the Queen would be more successful. The ministers were thunderstruck. For once all quarrels were suspended. The Tory Caermarthen on one side, the Whig Shrewsbury on the other, expostulated and implored with a pathetic vehemence rare in the conferences of statesmen. Many tears were shed. At length the King was induced to give up, at least for the present, his design of abdicating the government. But he announced another design which he was fully determined not to give up. Since he was still to remain at the head of the English administration, he would go himself to Ireland. He would try whether the whole royal authority strenuously exerted on the spot where the fate of the empire was to be decided, would suffice to prevent peculation and to maintain discipline, 562
That he had seriously meditated a retreat to Holland long continued to be a secret, not only to the multitude, but even to the Queen, 563 That he had resolved to take the command of his army in Ireland was soon rumoured all over London. It was known that his camp furniture was making, and that Sir Christopher Wren was busied in constructing a house of wood which was to travel about, packed in two waggons, and to be set up wherever His Majesty might fix his quarters, 564 The Whigs raised a violent outcry against the whole scheme. Not knowing, or affecting not to know, that it had been formed by William and by William alone, and that none of his ministers had dared to advise him to encounter the Irish swords and the Irish atmosphere, the whole party confidently affirmed that it had been suggested by some traitor in the cabinet, by some Tory who hated the Revolution and all that had sprung from the Revolution. Would any true friend have advised His Majesty, infirm in health as he was, to expose himself, not only to the dangers of war, but to the malignity of a climate which had recently been fatal to thousands of men much stronger than himself? In private the King sneered bitterly at this anxiety for his safety. It was merely, in his judgment, the anxiety which a hard master feels lest his slaves should become unfit for their drudgery. The Whigs, he wrote to Portland, were afraid to lose their tool before they had done their work. "As to their friendship," he added, "you know what it is worth." His resolution, he told his friend, was unalterably fixed. Every thing was at stake; and go he must, even though the Parliament should present an address imploring him to stay, 565
He soon learned that such an address would be immediately moved in both Houses and supported by the whole strength of the Whig party. This intelligence satisfied him that it was time to take a decisive step. He would not discard the Whigs but he would give them a lesson of which they stood much in need. He would break the chain in which they imagined that they had him fast. He would not let them have the exclusive possession of power. He would not let them persecute the vanquished party. In their despite, he would grant an amnesty to his people. In their despite, he would take the command of his army in Ireland. He arranged his plan with characteristic prudence, firmness, and secrecy. A single Englishman it was necessary to trust: for William was not sufficiently master of our language to address the Houses from the throne in his own words; and, on very important occasions, his practice was to write his speech in French, and to employ a translator. It is certain that to one person, and to one only, the King confided the momentous resolution which he had taken; and it can hardly be doubted that this person was Caermarthen.
On the twenty-seventh of January, Black Rod knocked at the door of the Commons. The Speaker and the members repaired to the House of Lords. The King was on the throne. He gave his assent to the Supply Bill, thanked the Houses for it, announced his intention of going to Ireland, and prorogued the Parliament. None could doubt that a dissolution would speedily follow. As the concluding words, "I have thought it convenient now to put an end to this session," were uttered, the Tories, both above and below the bar, broke forth into a shout of joy. The King meanwhile surveyed his audience from the throne with that bright eagle eye which nothing escaped. He might be pardoned if he felt some little vindictive pleasure in annoying those who had cruelly annoyed him. "I saw," he wrote to Portland the next day, "faces an ell long. I saw some of those men change colour with vexation twenty times while I was speaking." 566
A few hours after the prorogation, a hundred and fifty Tory members of Parliament had a parting dinner together at the Apollo Tavern in Fleet Street, before they set out for their counties. They were in better temper with William than they had been since his father in law had been turned out of Whitehall. They had scarcely recovered from the joyful surprise with which they had heard it announced from the throne that the session was at an end. The recollection of their danger and the sense of their deliverance were still fresh. They talked of repairing to Court in a body to testify their gratitude: but they were induced to forego their intention; and not without cause: for a great crowd of squires after a revel, at which doubtless neither October nor claret had been spared, might have caused some inconvenience in the presence chamber. Sir John Lowther, who in wealth and influence was inferior to no country gentleman of that age, was deputed to carry the thanks of the assembly to the palace. He spoke, he told the King, the sense of a great body of honest gentlemen. They begged His Majesty to be assured that they would in their counties do their best to serve him; and they cordially wished him a safe voyage to Ireland, a complete victory, a speedy return, and a long and happy reign. During the following week, many, who had never shown their faces in the circle at Saint James's since the Revolution, went to kiss the King's hand. So warmly indeed did those who had hitherto been regarded as half Jacobites express their approbation of the policy of the government that the thoroughgoing Jacobites were much disgusted, and complained bitterly of the strange blindness which seemed to have come on the sons of the Church of England, 567
All the acts of William, at this time, indicated his determination to restrain, steadily though gently, the violence of the Whigs, and to conciliate, if possible, the good will of the Tories. Several persons whom the Commons had thrown into prison for treason were set at liberty on bail, 568 The prelates who held that their allegiance was still due to James were treated with a tenderness rare in the history of revolutions. Within a week after the prorogation, the first of February came, the day on which those ecclesiastics who refused to take the oath were to be finally deprived. Several of the suspended clergy, after holding out till the last moment, swore just in time to save themselves from beggary. But the Primate and five of his suffragans were still inflexible. They consequently forfeited their bishoprics; but Sancroft was informed that the King had not yet relinquished the hope of being able to make some arrangement which might avert the necessity of appointing successors, and that the nonjuring prelates might continue for the present to reside in their palaces. Their receivers were appointed receivers for the Crown, and continued to collect the revenues of the vacant sees, 569 Similar indulgence was shown to some divines of lower rank. Sherlock, in particular, continued, after his deprivation, to live unmolested in his official mansion close to the Temple Church.
And now appeared a proclamation dissolving the Parliament. The writs for a general election went out; and soon every part of the kingdom was in a ferment. Van Citters, who had resided in England during many eventful years, declared that he had never seen London more violently agitated, 570 The excitement was kept up by compositions of all sorts, from sermons with sixteen heads down to jingling street ballads. Lists of divisions were, for the first time in our history, printed and dispersed for the information of constituent bodies. Two of these lists may still be seen in old libraries. One of the two, circulated by the Whigs, contained the names of those Tories who had voted against declaring the throne vacant. The other, circulated by the Tories, contained the names of those Whigs who had supported the Sacheverell clause.
It soon became clear that public feeling had undergone a great change during the year which had elapsed since the Convention had met; and it is impossible to deny that this change was, at least in part, the natural consequence and the just punishment of the intemperate and vindictive conduct of the Whigs. Of the city of London they thought themselves sure. The Livery had in the preceding year returned four zealous Whigs without a contest. But all the four had voted for the Sacheverell clause; and by that clause many of the merchant princes of Lombard Street and Cornhill, men powerful in the twelve great companies, men whom the goldsmiths followed humbly, hat in hand, up and down the arcades of the Royal Exchange, would have been turned with all indignity out of the Court of Aldermen and out of the Common Council. The struggle was for life or death. No exertions, no artifices, were spared. William wrote to Portland that the Whigs of the City, in their despair, stuck at nothing, and that, as they went on, they would soon stand as much in need of an Act of Indemnity as the Tories. Four Tories however were returned, and that by so decisive a majority, that the Tory who stood lowest polled four hundred votes more than the Whig who stood highest, 571 The Sheriffs, desiring to defer as long as possible the triumph of their enemies, granted a scrutiny. But, though the majority was diminished, the result was not affected, 572 At Westminster, two opponents of the Sacheverell clause were elected without a contest, 573 But nothing indicated more strongly the disgust excited by the proceedings of the late House of Commons than what passed in the University of Cambridge. Newton retired to his quiet observatory over the gate of Trinity College. Two Tories were returned by an overwhelming majority. At the head of the poll was Sawyer, who had, but a few days before, been excepted from the Indemnity Bill and expelled from the House of Commons. The records of the University contain curious proofs that the unwise severity with which he had been treated had raised an enthusiastic feeling in his favour. Newton voted for Sawyer; and this remarkable fact justifies us in believing that the great philosopher, in whose genius and virtue the Whig party justly glories, had seen the headstrong and revengeful conduct of that party with concern and disapprobation, 574
It was soon plain that the Tories would have a majority in the new House of Commons, 575 All the leading Whigs however obtained seats, with one exception. John Hampden was excluded, and was regretted only by the most intolerant and unreasonable members of his party, 576
The King meanwhile was making, in almost every department of the executive government, a change corresponding to the change which the general election was making in the composition of the legislature. Still, however, he did not think of forming what is now called a ministry. He still reserved to himself more especially the direction of foreign affairs; and he superintended with minute attention all the preparations for the approaching campaign in Ireland. In his confidential letters he complained that he had to perform, with little or no assistance, the task of organizing the disorganized military establishments of the kingdom. The work, he said, was heavy; but it must be done; for everything depended on it, 577 In general, the government was still a government by independent departments; and in almost every department Whigs and Tories were still mingled, though not exactly in the old proportions. The Whig element had decidedly predominated, in 1689. The Tory element predominated, though not very decidedly, in 1690.
Halifax had laid down the Privy Seal. It was offered to Chesterfield, a Tory who had voted in the Convention for a Regency. But Chesterfield refused to quit his country house and gardens in Derbyshire for the Court and the Council Chamber; and the Privy Seal was put into Commission, 578 Caermarthen was now the chief adviser of the Crown on all matters relating to the internal administration and to the management of the two Houses of Parliament. The white staff, and the immense power which accompanied the white staff, William was still determined never to entrust to any subject. Caermarthen therefore, continued to be Lord President; but he took possession of a suite of apartments in Saint James's Palace which was considered as peculiarly belonging to the Prime Minister, 579 He had, during the preceding year, pleaded ill health as an excuse for seldom appearing at the Council Board; and the plea was not without foundation, for his digestive organs had some morbid peculiarities which puzzled the whole College of Physicians; his complexion was livid; his frame was meagre; and his face, handsome and intellectual as it was, had a haggard look which indicated the restlessness of pain as well as the restlessness of ambition, 580 As soon, however, as he was once more minister, he applied himself strenuously to business, and toiled every day, and all day long, with an energy which amazed every body who saw his ghastly countenance and tottering gait.
Though he could not obtain for himself the office of Lord Treasurer, his influence at the Treasury was great. Monmouth, the First Commissioner, and Delamere, the Chancellor of the Exchequer, two of the most violent Whigs in England, quitted their seats. On this, as on many other occasions, it appeared that they had nothing but their Whiggism in common. The volatile Monmouth, sensible that he had none of the qualities of a financier, seems to have taken no personal offence at being removed from a place which he never ought to have occupied. He thankfully accepted a pension, which his profuse habits made necessary to him, and still continued to attend councils, to frequent the Court, and to discharge the duties of a Lord of the Bedchamber, 581 He also tried to make himself useful in military business, which he understood, if not well, yet better than most of his brother nobles; and he professed, during a few months, a great regard for Caermarthen. Delamere was in a very different mood. It was in vain that his services were overpaid with honours and riches. He was created Earl of Warrington. He obtained a grant of all the lands that could be discovered belonging to Jesuits in five or six counties. A demand made by him on account of expenses incurred at the time of the Revolution was allowed; and he carried with him into retirement as the reward of his patriotic exertions a large sum, which the State could ill spare. But his anger was not to be so appeased; and to the end of his life he continued to complain bitterly of the ingratitude with which he and his party had been treated, 582
