Critical and Historical Essays Volume I Part 15

In the following year Temple returned to the Hague; and thence he was ordered, in the close of 1678, to repair to Nimeguen, for the purpose of signing the hollow and unsatisfactory treaty by which the distractions of Europe were for a short time suspended. He grumbled much at being required to affix his name to bad articles which he had not framed, and still more at having to travel in very cold weather. After all, a difficulty of etiquette prevented him from signing, and he returned to the Hague. Scarcely had he arrived there when he received intelligence that the King, whose embarra.s.sments were now far greater than ever, was fully resolved immediately to appoint him Secretary of State. He a third time declined that high post, and began to make preparations for a journey to Italy; thinking, doubtless, that he should spend his time much more pleasantly among pictures and ruins than in such a whirlpool of political and religious frenzy as was then raging in London.

But the King was in extreme necessity, and was no longer to be so easily put off. Temple received positive orders to repair instantly to England. He obeyed, and found the country in a state even more fearful than that which he had pictured to himself.

Those are terrible conjunctures, when the discontents of a nation, not light and capricious discontents, but discontents which have been steadily increasing during a long series of years, have attained their full maturity. The discerning few predict the approach of these conjunctures, but predict in vain.

To the many, the evil season comes as a total eclipse of the sun at noon comes to a people of savages. Society which, but a short time before, was in a state of perfect repose, is on a sudden agitated with the most fearful convulsions, and seems to be on the verge of dissolution; and the rulers who, till the mischief was beyond the reach of all ordinary remedies, had never bestowed one thought on its existence, stand bewildered and panic- stricken, without hope or resource, in the midst of the confusion. One such conjuncture this generation has seen. G.o.d grant that we may never see another! At such a conjuncture it was that Temple landed on English ground in the beginning of 1679.

The Parliament had obtained a glimpse of the King's dealings with France; and their anger had been unjustly directed against Danby, whose conduct as to that matter had been, on the whole, deserving rather of praise than of censure. The Popish plot, the murder of G.o.dfrey, the infamous inventions of Oates, the discovery of Colman's letters, had excited the nation to madness. All the disaffection which had been generated by eighteen years of misgovernment had come to the birth together. At this moment the King had been advised to dissolve that Parliament which had been elected just after his restoration, and which, though its composition had since that time been greatly altered, was still far more deeply imbued with the old cavalier spirit than any that had preceded, or that was likely to follow it. The general election had commenced, and was proceeding with a degree of excitement never before known. The tide ran furiously against the Court. It was clear that a majority of the new House of Commons would be, to use a word which came into fashion a few months later, decided Whigs. Charles had found it necessary to yield to the violence of the public feeling. The Duke of York was on the point of retiring to Holland. "I never," says Temple, who had seen the abolition of monarchy, the dissolution of the Long Parliament, the fall of the Protectorate, the declaration of Monk against the Rump, "I never saw greater disturbance in men's minds."

The King now with the utmost urgency besought Temple to take the seals. The pecuniary part of the arrangement no longer presented any difficulty; and Sir William was not quite so decided in his refusal as he had formerly been. He took three days to consider the posture of affairs, and to examine his own feelings; and he came to the conclusion that "the scene was unfit for such an actor as he knew himself to be." Yet he felt that, by refusing help to the King at such a crisis, he might give much offence and incur much censure. He shaped his course with his usual dexterity. He affected to be very desirous of a seat in Parliament; yet he contrived to be an unsuccessful candidate; and, when all the writs were returned, he represented that it would be useless for him to take the seals till he could procure admittance to the House of Commons; and in this manner he succeeded in avoiding the greatness which others desired to thrust upon him.

The Parliament met; and the violence of its proceedings surpa.s.sed all expectation. The Long Parliament itself, with much greater provocation, had at its commencement been less violent. The Treasurer was instantly driven from office, impeached, sent to the Tower. Sharp and vehement votes were pa.s.sed on the subject of the Popish Plot. The Commons were prepared to go much further, to wrest from the King his prerogative of mercy in cases of high political crimes, and to alter the succession to the Crown.

Charles was thoroughly perplexed and dismayed. Temple saw him almost daily and thought him impressed with a deep sense of his errors, and of the miserable state into which they had brought him. Their conferences became longer and more confidential; and Temple began to flatter himself with the hope that he might be able to reconcile parties at home as he had reconciled hostile States abroad; that he might be able to suggest a plan which should allay all heats, efface the memory of all past grievances, secure the nation from misgovernment, and protect the Crown against the encroachments of Parliament.

Temple's plan was that the existing Privy Council, which consisted of fifty members, should be dissolved, that there should no longer be a small interior council, like that which is now designated as the Cabinet, that a new Privy Council of thirty members should be appointed, and that the King should pledge himself to govern by the constant advice of this body, to suffer all his affairs of every kind to be freely debated there, and not to reserve any part of the public business for a secret committee.

Fifteen of the members of this new council were to be great officers of State. The other fifteen were to be independent n.o.blemen and gentlemen of the greatest weight in the country. In appointing them particular regard was to be had to the amount of their property. The whole annual income of the counsellors was estimated at 300,000. The annual income of all the members of the House of Commons was not supposed to exceed 400,000 The appointment of wealthy counsellors Temple describes as "a chief regard, necessary to this const.i.tution."

This plan was the subject of frequent conversation between the King and Temple. After a month pa.s.sed in discussions to which no third person appears to have been privy, Charles declared himself satisfied of the expediency of the proposed measure, and resolved to carry it into effect.

It is much to be regretted that Temple has left us no account of these conferences. Historians have, therefore, been left to form their own conjectures as to the object of this very extraordinary plan, "this Const.i.tution," as Temple himself calls it. And we cannot say that any explanation which has yet been given seems to us quite satisfactory. Indeed, almost all the writers whom we have consulted appear to consider the change as merely a change of administration, and so considering it, they generally applaud it. Mr. Courtenay, who has evidently examined this subject with more attention than has often been bestowed upon it, seems to think Temple's scheme very strange, unintelligible, and absurd.

It is with very great diffidence that we offer our own solution of what we have always thought one of the great riddles of English history. We are strongly inclined to suspect that the appointment of the new Privy Council was really a much more remarkable event than has generally been supposed, and that what Temple had in view was to effect, under colour of a change of administration, a permanent change in the Const.i.tution.

The plan, considered merely as a plan for the formation of a Cabinet, is so obviously inconvenient, that we cannot easily believe this to have been Temple's chief object. The number of the new Council alone would be a most serious objection. The largest Cabinets of modern times have not, we believe, consisted of more than fifteen members. Even this number has generally been thought too large. The Marquess Wellesley, whose judgment on a question of executive administration is ent.i.tled to as much respect as that of any statesman that England ever produced, expressed, during the ministerial negotiations of the year 1812, his conviction that even thirteen was an inconveniently large number. But in a Cabinet of thirty members what chance could there be of finding unity, secrecy, expedition, any of the qualities which such a body ought to possess? If, indeed, the members of such a Cabinet were closely bound together by interest, if they all had a deep stake in the permanence of the Administration, if the majority were dependent on a small number of leading men, the thirty might perhaps act as a smaller number would act, though more slowly, more awkwardly, and with more risk of improper disclosures. But the Council which Temple proposed was so framed that if, instead of thirty members, it had contained only ten, it would still have been the most unwieldy and discordant Cabinet that ever sat. One half of the members were to be persons holding no office, persons who had no motive to compromise their opinions, or to take any share of the responsibility of an unpopular measure, persons, therefore, who might be expected as often as there might be a crisis requiring the most cordial co-operation, to draw off from the rest, and to throw every difficulty in the way of the public business. The circ.u.mstance that they were men of enormous private wealth only made the matter worse. The House of Commons is a checking body; and therefore it is desirable that it should, to a great extent, consist of men of independent fortune, who receive nothing and expect nothing from the Government. But with executive boards the case is quite different. Their business is not to check, but to act. The very same things, therefore, which are the virtues of Parliaments may be vices in Cabinets. We can hardly conceive a greater curse to the country than an Administration, the members of which should be as perfectly independent of each other, and as little under the necessity of making mutual concessions, as the representatives of London and Devonshire in the House of Commons are and ought to be. Now Temple's new Council was to contain fifteen members who were to hold no offices, and the average amount of whose private estates was ten thousand pounds a year, an income which, in proportion to the wants of a man of rank of that period, was at least equal to thirty thousand a year in our time. Was it to be expected that such men would gratuitously take on themselves the labour and responsibility of Ministers, and the unpopularity which the best Ministers must sometimes be prepared to brave? Could there be any doubt that an Opposition would soon be formed within the Cabinet itself, and that the consequence would be disunion, altercation, tardiness in operations, the divulging of secrets, everything most alien from the nature of an executive council?

Is it possible to imagine that considerations so grave and so obvious should have altogether escaped the notice of a man of Temple's sagacity and experience? One of two things appears to us to be certain, either that his project has been misunderstood, or that his talents for public affairs have been overrated.

We lean to the opinion that his project has been misunderstood.

His new Council, as we have shown, would have been an exceedingly bad Cabinet. The inference which we are inclined to draw is this, that he meant his Council to serve some other purpose than that of a mere Cabinet. Barillon used four or five words which contain, we think, the key of the whole mystery. Mr. Courtenay calls them pithy words; but he does not, if we are right, apprehend their whole force. "Ce sont," said Barillon, "des Etats, non des conseils."

In order clearly to understand what we imagine to have been Temple's views, the reader must remember that the Government of England was at that moment, and had been during nearly eighty years, in a state of transition. A change, not the less real or the less extensive because disguised under ancient names and forms, was in constant progress. The theory of the Const.i.tution, the fundamental laws which fix the powers of the three branches of the legislature, underwent no material change between the time of Elizabeth and the time of William the Third. The most celebrated laws of the seventeenth century on those subjects, the Pet.i.tion of Right, the Declaration of Right, are purely declaratory. They purport to be merely recitals of the old polity of England. They do not establish free government as a salutary improvement, but claim it as an undoubted and immemorial inheritance. Nevertheless, there can be no doubt that, during the period of which we speak, all the mutual relations of all the orders of the State did practically undergo an entire change. The letter of the law might be unaltered; but, at the beginning of the seventeenth century, the power of the Crown was, in fact, decidedly predominant in the State; and at the end of that century the power of Parliament, and especially of the Lower House, had become, in fact, decidedly predominant. At the beginning of the century, the sovereign perpetually violated, with little or no opposition, the clear privileges of Parliament.

At the close of the century, the Parliament had virtually drawn to itself just as much as it chose of the prerogative of the Crown. The sovereign retained the shadow of that authority of which the Tudors had held the substance. He had a legislative veto which he never ventured to exercise, a power of appointing Ministers, whom an address of the Commons could at any moment force him to discard, a power of declaring war which, without Parliamentary support, could not be carried on for a single day.

The Houses of Parliament were now not merely legislative a.s.semblies, not merely checking a.s.semblies; they were great Councils of State, whose voice, when loudly and firmly raised, was decisive on all questions of foreign and domestic policy.

There was no part of the whole system of Government with which they had not power to interfere by advice equivalent to command; and, if they abstained from intermeddling with some departments of the executive administration, they were withheld from doing so only by their own moderation, and by the confidence which they reposed in the Ministers of the Crown. There is perhaps no other instance in history of a change so complete in the real const.i.tution of an empire, unaccompanied by any corresponding change in the theoretical const.i.tution. The disguised transformation of the Roman commonwealth into a despotic monarchy, under the long administration of Augustus, is perhaps the nearest parallel.

This great alteration did not take place without strong and constant resistance on the part of the kings of the house of Stuart. Till 1642, that resistance was generally of an open, violent, and lawless nature. If the Commons refused supplies, the sovereign levied a benevolence. If the Commons impeached a favourite minister, the sovereign threw the chiefs of the Opposition into prison. Of these efforts to keep down the Parliament by despotic force, without the pretext of law, the last, the most celebrated, and the most wicked was the attempt to seize the five members. That attempt was the signal for civil war, and was followed by eighteen years of blood and confusion.

The days of trouble pa.s.sed by; the exiles returned; the throne was again set up in its high place; the peerage and the hierarchy recovered their ancient splendour. The fundamental laws which had been recited in the Pet.i.tion of Right were again solemnly recognised. The theory of the English const.i.tution was the same on the day when the hand of Charles the Second was kissed by the kneeling Houses at Whitehall as on the day when his father set up the royal standard at Nottingham. There was a short period of doting fondness, a hysterica pa.s.sio of loyal repentance and love.

But emotions of this sort are transitory; and the interests on which depends the progress of great societies are permanent. The transport of reconciliation was soon over; and the old struggle recommenced.

The old struggle recommenced; but not precisely after the old fashion. The Sovereign was not indeed a man whom any common warning would have restrained from the grossest violations of law. But it was no common warning that he had received. All around him were the recent signs of the vengeance of an oppressed nation, the fields on which the n.o.blest blood of the island had been poured forth, the castles shattered by the cannon of the Parliamentary armies, the hall where sat the stern tribunal to whose bar had been led, through lowering ranks of pikemen, the captive heir of a hundred kings, the stately pilasters before which the great execution had been so fearlessly done in the face of heaven and earth. The restored Prince, admonished by the fate of his father, never ventured to attack his Parliaments with open and arbitrary violence. It was at one time by means of the Parliament itself, at another time by means of the courts of law, that he attempted to regain for the Crown its old predominance.

He began with great advantages. The Parliament of 1661 was called while the nation was still full of joy and tenderness. The great majority of the House of Commons were zealous royalists. All the means of influence which the patronage of the Crown afforded were used without limit. Bribery was reduced to a system. The King, when he could spare money from his pleasures for nothing else, could spare it for purposes of corruption. While the defence of the coasts was neglected, while ships rotted, while a.r.s.enals lay empty, while turbulent crowds of unpaid seamen swarmed in the streets of the seaports, something could still be sc.r.a.ped together in the Treasury for the members of the House of Commons.

The gold of France was largely employed for the same purpose. Yet it was found, as indeed might have been foreseen, that there is a natural limit to the effect which can be produced by means like these. There is one thing which the most corrupt senates are unwilling to sell; and that is the power which makes them worth buying. The same selfish motives which induced them to take a price for a particular vote induce them to oppose every measure of which the effect would be to lower the importance, and consequently the price, of their votes. About the income of their power, so to speak, they are quite ready to make bargains. But they are not easily persuaded to part with any fragment of the princ.i.p.al. It is curious to observe how, during the long continuance of this Parliament, the Pensionary Parliament, as it was nicknamed by contemporaries, though every circ.u.mstance seemed to be favourable to the Crown, the power of the Crown was constantly sinking, and that of the Commons constantly rising.

The meetings of the Houses were more frequent than in former reigns; their interference was more hara.s.sing to the Government than in former reigns; they had begun to make peace, to make war; to pull down, if they did not set up, administrations. Already a new cla.s.s of statesmen had appeared, unheard of before that time, but common ever since. Under the Tudors and the earlier Stuarts, it was generally by courtly arts, or by official skill and knowledge, that a politician raised himself to power. From the time of Charles the Second down to our own days a different species of talent, parliamentary talent, has been the most valuable of all the qualifications of an English statesman. It has stood in the place of all other acquirements. It has covered ignorance, weakness, rashness, the most fatal maladministration.

A great negotiator is nothing when compared with a great debater; and a Minister who can make a successful speech need trouble himself little about an unsuccessful expedition. This is the talent which has made judges without law, and diplomatists without French, which has sent to the Admiralty men who did not know the stern of a ship from her bowsprit, and to the India Board men who did not know the difference between a rupee and a paG.o.da, which made a foreign secretary of Mr. Pitt, who, as George the Second said, had never opened Vattel, and which was very near making a Chancellor of the Exchequer of Mr. Sheridan, who could not work a sum in long division. This was the sort of talent which raised Clifford from obscurity to the head of affairs. To this talent Osborne, by birth a simple country gentleman, owed his white staff, his garter, and his dukedom. The encroachment of the power of the Parliament on the power of the Crown resembled a fatality, or the operation of some great law of nature. The will of the individual on the throne, or of the individuals in the two Houses, seemed to go for nothing. The King might be eager to encroach; yet something constantly drove him back. The Parliament might be loyal, even servile; yet something constantly urged them forward.

These things were done in the green tree. What then was likely to be done in the dry? The Popish Plot and the general election came together, and found a people predisposed to the most violent excitation. The composition of the House of Commons was changed.

The Legislature was filled with men who leaned to Republicanism in politics, and to Presbyterianism in religion. They no sooner met than they commenced an attack on the Government, which, if successful, must have made them supreme in the State.

Where was this to end? To us who have seen the solution the question presents few difficulties. But to a statesman of the age of Charles the Second, to a statesman, who wished, without depriving the Parliament of its privileges, to maintain the monarch in his old supremacy, it must have appeared very perplexing.

Clarendon had, when Minister, struggled honestly, perhaps, but, as was his wont, obstinately, proudly, and offensively, against the growing power of the Commons. He was for allowing them their old authority, and not one atom more. He would never have claimed for the Crown a right to levy taxes from the people without the consent of Parliament. But when the Parliament, in the first Dutch war, most properly insisted on knowing how it was that the money which they had voted had produced so little effect, and began to inquire through what hands it had pa.s.sed, and on what services it had been expended, Clarendon considered this as a monstrous innovation. He told the King, as he himself says, "that he could not be too indulgent in the defence of the privileges of Parliament, and that he hoped he would never violate any of them; but he desired him to be equally solicitous to prevent the excesses in Parliament, and not to suffer them to extend their jurisdiction to cases they have nothing to do with; and that to restrain them within their proper bounds and limits is as necessary as it is to preserve them from being invaded; and that this was such a new encroachment as had no bottom." This is a single instance. Others might easily be given.

The bigotry, the strong pa.s.sions, the haughty and disdainful temper, which made Clarendon's great abilities a source of almost unmixed evil to himself and to the public, had no place in the character of Temple. To Temple, however, as well as to Clarendon, the rapid change which was taking place in the real working of the Const.i.tution gave great disquiet; particularly as Temple had never sat in the English Parliament, and therefore regarded it with none of the predilection which men naturally feel for a body to which they belong, and for a theatre on which their own talents have been advantageously displayed.

To wrest by force from the House of Commons its newly acquired powers was impossible; nor was Temple a man to recommend such a stroke, even if it had been possible. But was it possible that the House of Commons might be induced to let those powers drop?

Was it possible that, as a great revolution had been effected without any change in the outward form of the Government, so a great counter-revolution might be effected in the same manner?

Was it possible that the Crown and the Parliament might be placed in nearly the same relative position in which they had stood in the reign of Elizabeth, and that this might be done without one sword drawn, without one execution, and with the general acquiescence of the nation?

The English people--it was probably thus that Temple argued--will not bear to be governed by the unchecked power of the Sovereign, nor ought they to be so governed. At present there is no check but the Parliament. The limits which separate the power of checking those who govern from the power of governing are not easily to be defined. The Parliament, therefore, supported by the nation, is rapidly drawing to itself all the powers of Government. If it were possible to frame some other check on the power of the Crown, some check which might be less galling to the Sovereign than that by which he is now constantly tormented, and yet which might appear to the people to be a tolerable security against maladministration, Parliaments would probably meddle less; and they would be less supported by public opinion in their meddling. That the King's hands may not be rudely tied by others, he must consent to tie them lightly himself. That the executive administration may not be usurped by the checking body, something of the character of a checking body must be given to the body which conducts the executive administration. The Parliament is now arrogating to itself every day a larger share of the functions of the Privy Council. We must stop the evil by giving to the Privy Council something of the const.i.tution of a Parliament. Let the nation see that all the King's measures are directed by a Cabinet composed of representatives of every order in the State, by a Cabinet which contains, not placemen alone, but independent and popular n.o.blemen and gentlemen who have large estates and no salaries, and who are not likely to sacrifice the public welfare in which they have a deep stake, and the credit which they have obtained with the country, to the pleasure of a Court from which they receive nothing. When the ordinary administration is in such hands as these, the people will be quite content to see the Parliament become, what it formerly was, an extraordinary check. They will be quite willing that the House of Commons should meet only once in three years for a short session, and should take as little part in matters of state as it did a hundred years ago.

Thus we believe that Temple reasoned: for on this hypothesis his scheme is intelligible; and on any other hypothesis his scheme appears to us, as it does to Mr. Courtenay, exceedingly absurd and unmeaning. This Council was strictly what Barillon called it, an a.s.sembly of States. There are the representatives of all the great sections of the community, of the Church, of the Law, of the Peerage, of the Commons. The exclusion of one half of the counsellors from office under the Crown, an exclusion which is quite absurd when we consider the Council merely as an executive board, becomes at once perfectly reasonable when we consider the Council as a body intended to restrain the Crown as well as to exercise the powers of the Crown, to perform some of the functions of a Parliament as well as the functions of a Cabinet.

We see, too, why Temple dwelt so much on the private wealth of the members, why he inst.i.tuted a comparison between their united incomes and the united incomes of the members of the House of Commons. Such a parallel would have been idle in the case of a mere Cabinet. It is extremely significant in the case of a body intended to supersede the House of Commons in some very important functions.

We can hardly help thinking that the notion of this Parliament on a small scale was suggested to Temple by what he had himself seen in the United Provinces. The original a.s.sembly of the States- General consisted, as he tells us, of above eight hundred persons. But this great body was represented by a smaller Council of about thirty, which bore the name and exercised the powers of the States-General. At last the real States altogether ceased to meet; and their power, though still a part of the theory of the Const.i.tution, became obsolete in practice. We do not, of course, imagine that Temple either expected or wished that Parliaments should be thus disused; but he did expect, we think, that something like what had happened in Holland would happen in England, and that a large portion of the functions lately a.s.sumed by Parliament would be quietly transferred to the miniature Parliament which he proposed to create.

Had this plan, with some modifications, been tried at an earlier period, in a more composed state of the public mind, and by a better sovereign, we are by no means certain that it might not have effected the purpose for which it was designed. The restraint imposed on the King by the Council of thirty, whom he had himself chosen, would have been feeble indeed when compared with the restraint imposed by Parliament. But it would have been more constant. It would have acted every year, and all the year round; and before the Revolution the sessions of Parliament were short and the recesses long. The advice of the Council would probably have prevented any very monstrous and scandalous measures; and would consequently have prevented the discontents which follow such measures, and the salutary laws which are the fruit of such discontents. We believe, for example, that the second Dutch war would never have been approved by such a Council as that which Temple proposed. We are quite certain that the shutting up of the Exchequer would never even have been mentioned in such a Council. The people, pleased to think that Lord Russell, Lord Cavendish, and Mr. Powle, unplaced and unpensioned, were daily representing their grievances and defending their rights in the Royal presence, would not have pined quite so much for the meeting of Parliaments. The Parliament, when it met, would have found fewer and less glaring abuses to attack. There would have been less misgovernment and less reform. We should not have been cursed with the Cabal, or blessed with the Habeas Corpus Act. In the mean time the Council, considered as an executive Council, would, unless some at least of its powers had been delegated to a smaller body, have been feeble, dilatory, divided, unfit for everything that requires secrecy and despatch, and peculiarly unfit for the administration of war.

The Revolution put an end, in a very different way, to the long contest between the King and the Parliament. From that time, the House of Commons has been predominant in the State. The Cabinet has really been, from that time, a committee nominated by the Crown out of the prevailing party in Parliament. Though the minority in the Commons are Constantly proposing to condemn executive measures, or to call for papers which may enable the House to sit in judgment on such measures, these propositions are scarcely ever carried; and, if a proposition of this kind is carried against the Government, a change of Ministry almost necessarily follows. Growing and struggling power always gives more annoyance and is more unmanageable than established power.

The House of Commons gave infinitely more trouble to the Ministers of Charles the Second than to any Ministers of later times; for, in the time of Charles the Second, the House was checking Ministers in whom it did not confide. Now that its ascendency is fully established, it either confides in Ministers or turns them out. This is undoubtedly a far better state of things than that which Temple wished to introduce. The modern Cabinet is a far better Executive Council than his. The worst House of Commons that has sate since the Revolution was a far more efficient check on misgovernment than his fifteen independent counsellors would have been. Yet, everything considered, it seems to us that his plan was the work of an observant, ingenious, and fertile mind.

On this occasion, as on every occasion on which he came prominently forward, Temple had the rare good fortune to please the public as well as the Sovereign. The general exultation was great when it was known that the old Council, made up of the most odious tools of power, was dismissed, that small interior committees, rendered odious by the recent memory of the Cabal, were to be disused, and that the King would adopt no measure till it had been discussed and approved by a body, of which one half consisted of independent gentlemen and n.o.blemen, and in which such persons as Russell, Cavendish, and Temple himself had seats.

Town and country were in a ferment of joy. The bells were rung; bonfires were lighted; and the acclamations of England were echoed by the Dutch, who considered the influence obtained by Temple as a certain omen of good for Europe. It is, indeed, much to the honour of his sagacity that every one of his great measures should, in such times, have pleased every party which he had any interest in pleasing. This was the case with the Triple Alliance, with the treaty which concluded the second Dutch war, with the marriage of the Prince of Orange, and, finally, with the inst.i.tution of this new Council.

The only people who grumbled were those popular leaders of the House of Commons who were not among the Thirty; and, if our view of the measure be correct, they were precisely the people who had good reason to grumble. They were precisely the people whose activity and whose influence the new Council was intended to destroy.

But there was very soon an end of the bright hopes and loud applauses with which the publication of this scheme had been hailed. The perfidious levity of the King and the ambition of the chiefs of parties produced the instant, entire, and irremediable failure of a plan which nothing but firmness, public spirit, and self-denial on the part of all concerned in it could conduct to a happy issue. Even before the project was divulged, its author had already found reason to apprehend that it would fail.

Considerable difficulty was experienced in framing the list of counsellors. There were two men in particular about whom the King and Temple could not agree, two men deeply tainted with the vices common to the English statesman of that age, but unrivalled in talents, address, and influence. These were the Earl of Shaftesbury, and George Savile Viscount Halifax.

It was a favourite exercise among the Greek sophists to write panegyrics on characters proverbial for depravity. One professor of rhetoric sent to Isocrates a panegyric on Busiris; and Isocrates himself wrote another which has come down to us. It is, we presume, from an ambition of the same kind that some writers have lately shown a disposition to eulogise Shaftesbury. But the attempt is vain. The charges against him rest on evidence not to be invalidated by any arguments which human wit can devise, or by any information which may be found in old trunks and escritoires.

It is certain that, just before the Restoration, he declared to the Regicides that he would be d.a.m.ned, body and soul, rather than suffer a hair of their heads to be hurt, and that, just after the Restoration, he was one of the judges who sentenced them to death. It is certain that he was a princ.i.p.al member of the most profligate Administration ever known, and that he was afterwards a princ.i.p.al member oft the most profligate Opposition ever known.

It is certain that, in power, he did not scruple to violate the great fundamental principle of the Const.i.tution, in order to exalt the Catholics, and that, out of power, he did not scruple to violate every principle of justice, in order to destroy them.

There were in that age some honest men, such as William Penn, who valued toleration so highly that they would willingly have seen it established even by an illegal exertion of the prerogative.

There were many honest men who dreaded arbitrary power so much that, on account of the alliance between Popery and arbitrary power, they were disposed to grant no toleration to Papists. On both those cla.s.ses we look with indulgence, though we think both in the wrong. But Shaftesbury belonged to neither cla.s.s. He united all that was worst in both. From the misguided friends of toleration he borrowed their contempt for the Const.i.tution, and from the misguided friends of civil liberty their contempt for the rights of conscience. We never can admit that his conduct as a mmember of the Cabal was redeemed by his conduct as a leader of Opposition. On the contrary, his life was such that every part of it, as if by a skilful contrivance, reflects infamy on every other. We should never have known how abandoned a prost.i.tute he was in place, if we had not known how desperate an incendiary he was out of it. To judge of him fairly, we must bear in mind that the Shaftesbury who, in office, was the chief author of the Declaration of Indulgence, was the same Shaftesbury who, out of office, excited and kept up the savage hatred of the rabble of London against the very cla.s.s to whom that Declaration of Indulgence was intended to give illegal relief.

It is amusing to see the excuses that are made for him. We will give two specimens. It is acknowledged that he was one of the Ministry which made the alliance with France against Holland, and that this alliance was most pernicious. What, then, is the defence? Even this, that he betrayed his master's counsels to the Electors of Saxony and Brandenburg, and tried to rouse all the Protestant powers of Germany to defend the States. Again, it is acknowledged that he was deeply concerned in the Declaration of Indulgence, and that his conduct on this occasion was not only unconst.i.tutional, but quite inconsistent with the course which he afterwards took respecting the professors of the Catholic faith.

What, then, is the defence? Even this, that he meant only to allure concealed Papists to avow themselves, and thus to become open marks for the vengeance of the public. As often as he is charged with one treason, his advocates vindicate him by confessing two. They had better leave him where they find him.

For him there is no escape upwards. Every outlet by which he can creep out of his present position, is one which lets him down into a still lower and fouler depth of infamy. To whitewash an Ethiopian is a proverbially hopeless attempt; but to whitewash an Ethiopian by giving him a new coat of blacking is an enterprise more extraordinary still. That in the course of Shaftesbury's dishonest and revengeful opposition to the Court he rendered one or two most useful services to his country we admit.

And he is, we think, fairly ent.i.tled, if that be any glory, to have his name eternally a.s.sociated with the Habeas Corpus Act in the same way in which the name of Henry the Eighth is a.s.sociated with the reformation of the Church, and that of Jack Wilkes with the most sacred rights of electors.

While Shaftesbury was still living, his character was elaborately drawn by two of the greatest writers of the age, by Butler, with characteristic brilliancy of wit, by Dryden, with even more than characteristic energy and loftiness, by both with all the inspiration of hatred. The sparkling ill.u.s.trations of Butler have been thrown into the shade by the brighter glory of that gorgeous satiric Muse, who comes sweeping by in sceptred pall, borrowed from her most august sisters. But the descriptions well deserve to be compared. The reader will at once perceive a considerable difference between Butler's

"politician, With more beads than a beast in vision,"

and the Achitophel of Dryden. Butler dwells on Shaftesbury's unprincipled versatility; on his wonderful and almost instinctive skill in discerning the approach of a change of fortune; and on the dexterity with which he extricated himself from the snares in which he left his a.s.sociates to perish.

"Our state-artificer foresaw Which way the world began to draw.

For as old sinners have all points O' th' compa.s.s in their bones and joints, Can by their pangs and aches find All turns and changes of the wind, And better than by Napier's bones Feel in their own the age of moons: So guilty sinners in a state Can by their crimes prognosticate, And in their consciences feel pain Some days before a shower of rain.