The History of England, from the Accession of James II Volume III Part 1

The History of England from the Accession of James II.

by Thomas Babington Macaulay.

Volume 3.

CHAPTER XI

William and Mary proclaimed in London--Rejoicings throughout England; Rejoicings in Holland--Discontent of the Clergy and of the Army--Reaction of Public Feeling--Temper of the Tories--Temper of the Whigs--Ministerial Arrangements--William his own Minister for Foreign Affairs--Danby--Halifax--Nottingham Shrewsbury The Board of Admiralty; the Board of Treasury--The Great Seal--The Judges--The Household--Subordinate Appointments--The Convention turned into a Parliament--The Members of the two Houses required to take the Oaths Questions relating to the Revenue--Abolition of the Hearth Money--Repayment of the Expenses of the United Provinces--Mutiny at Ipswich--The first Mutiny Bill--Suspension of the Habeas Corpus Act--Unpopularity of William--Popularity of Mary--The Court removed from Whitehall to Hampton Court--The Court at Kensington; William's foreign Favourites--General Maladministration--Dissensions among Men in Office--Department of Foreign Affairs--Religious Disputes--The High Church Party--The Low Church Party--William's Views concerning Ecclesiastical Polity--Burnet, Bishop of Salisbury--Nottingham's Views concerning Ecclesiastical Polity--The Toleration Bill--The Comprehension Bill--The Bill for settling the Oaths of Allegiance and Supremacy--The Bill for settling the Coronation Oath--The Coronation--Promotions--The Coalition against France; the Devastation of the Palatinate--War declared against France

THE Revolution had been accomplished. The decrees of the Convention were everywhere received with submission. London, true during fifty eventful years to the cause of civil freedom and of the reformed religion, was foremost in professing loyalty to the new Sovereigns. Garter King at arms, after making proclamation under the windows of Whitehall, rode in state along the Strand to Temple Bar. He was followed by the maces of the two Houses, by the two Speakers, Halifax and Powle, and by a long train of coaches filled with n.o.blemen and gentlemen. The magistrates of the City threw open their gates and joined the procession. Four regiments of militia lined the way up Ludgate Hill, round Saint Paul's Cathedral, and along Cheapside. The streets, the balconies, and the very housetops were crowded with gazers. All the steeples from the Abbey to the Tower sent forth a joyous din. The proclamation was repeated, with sound of trumpet, in front of the Royal Exchange, amidst the shouts of the citizens.

In the evening every window from Whitechapel to Piccadilly was lighted up. The state rooms of the palace were thrown open, and were filled by a gorgeous company of courtiers desirous to kiss the hands of the King and Queen. The Whigs a.s.sembled there, flushed with victory and prosperity.

There were among them some who might be pardoned if a vindictive feeling mingled with their joy. The most deeply injured of all who had survived the evil times was absent. Lady Russell, while her friends were crowding the galleries of Whitehall, remained in her retreat, thinking of one who, if he had been still living, would have held no undistinguished place in the ceremonies of that great day. But her daughter, who had a few months before become the wife of Lord Cavendish, was presented to the royal pair by his mother the Countess of Devonshire. A letter is still extant in which the young lady described with great vivacity the roar of the populace, the blaze in the streets, the throng in the presence chamber, the beauty of Mary, and the expression which enn.o.bled and softened the harsh features of William. But the most interesting pa.s.sage is that in which the orphan girl avowed the stern delight with which she had witnessed the tardy punishment of her father's murderer.

[1]

The example of London was followed by the provincial towns. During three weeks the Gazettes were filled with accounts of the solemnities by which the public joy manifested itself, cavalcades of gentlemen and yeomen, processions of Sheriffs and Bailiffs in scarlet gowns, musters of zealous Protestants with orange flags and ribands, salutes, bonfires, illuminations, music, b.a.l.l.s, dinners, gutters running with ale and conduits spouting claret. [2]

Still more cordial was the rejoicing among the Dutch, when they learned that the first minister of their Commonwealth had been raised to a throne. On the very day of his accession he had written to a.s.sure the States General that the change in his situation had made no change in the affection which he bore to his native land, and that his new dignity would, he hoped, enable him to discharge his old duties more efficiently than ever. That oligarchical party, which had always been hostile to the doctrines of Calvin and to the House of Orange, muttered faintly that His Majesty ought to resign the Stadtholdership. But all such mutterings were drowned by the acclamations of a people proud of the genius and success of their great countryman. A day of thanksgiving was appointed.

In all the cities of the Seven Provinces the public joy manifested itself by festivities of which the expense was chiefly defrayed by voluntary gifts. Every cla.s.s a.s.sisted. The poorest labourer could help to set up an arch of triumph, or to bring sedge to a bonfire. Even the ruined Huguenots of France could contribute the aid of their ingenuity.

One art which they had carried with them into banishment was the art of making fireworks; and they now, in honour of the victorious champion of their faith, lighted up the ca.n.a.ls of Amsterdam with showers of splendid constellations. [3]

To superficial observers it might well seem that William was, at this time, one of the most enviable of human beings. He was in truth one of the most anxious and unhappy. He well knew that the difficulties of his task were only beginning. Already that dawn which had lately been so bright was overcast; and many signs portended a dark and stormy day.

It was observed that two important cla.s.ses took little or no part in the festivities by which, all over England, the inauguration of the new government was celebrated. Very seldom could either a priest or a soldier be seen in the a.s.semblages which gathered round the market crosses where the King and Queen were proclaimed. The professional pride both of the clergy and of the army had been deeply wounded. The doctrine of nonresistance had been dear to the Anglican divines. It was their distinguishing badge. It was their favourite theme. If we are to judge by that portion of their oratory which has come down to us, they had preached about the duty of pa.s.sive obedience at least as often and as zealously as about the Trinity or the Atonement. [4] Their attachment to their political creed had indeed been severely tried, and had, during a short time, wavered. But with the tyranny of James the bitter feeling which that tyranny had excited among them had pa.s.sed away. The parson of a parish was naturally unwilling to join in what was really a triumph over those principles which, during twenty-eight years, his flock had heard him proclaim on every anniversary of the Martyrdom and on every anniversary of the Restoration.

The soldiers, too, were discontented. They hated Popery indeed; and they had not loved the banished King. But they keenly felt that, in the short campaign which had decided the fate of their country, theirs had been an inglorious part. Forty fine regiments, a regular army such as had never before marched to battle under the royal standard of England, had retreated precipitately before an invader, and had then, without a struggle, submitted to him. That great force had been absolutely of no account in the late change, had done nothing towards keeping William out, and had done nothing towards bringing him in. The clowns, who, armed with pitchforks and mounted on carthorses, had straggled in the train of Lovelace or Delamere, had borne a greater part in the Revolution than those splendid household troops, whose plumed hats, embroidered coats, and curvetting chargers the Londoners had so often seen with admiration in Hyde Park. The mortification of the army was increased by the taunts of the foreigners, taunts which neither orders nor punishments could entirely restrain. [5] At several places the anger which a brave and highspirited body of men might, in such circ.u.mstances, be expected to feel, showed itself in an alarming manner. A battalion which lay at Cirencester put out the bonfires, huzzaed for King James, and drank confusion to his daughter and his nephew. The garrison of Plymouth disturbed the rejoicings of the County of Cornwall: blows were exchanged, and a man was killed in the fray. [6]

The ill humour of the clergy and of the army could not but be noticed by the most heedless; for the clergy and the army were distinguished from other cla.s.ses by obvious peculiarities of garb. "Black coats and red coats," said a vehement Whig in the House of Commons, "are the curses of the nation." [7] But the discontent was not confined to the black coats and the red coats. The enthusiasm with which men of all cla.s.ses had welcomed William to London at Christmas had greatly abated before the close of February. The new king had, at the very moment at which his fame and fortune reached the highest point, predicted the coming reaction. That reaction might, indeed, have been predicted by a less sagacious observer of human affairs. For it is to be chiefly ascribed to a law as certain as the laws which regulate the succession of the seasons and the course of the trade winds. It is the nature of man to overrate present evil, and to underrate present good; to long for what he has not, and to be dissatisfied with what he has. This propensity, as it appears in individuals, has often been noticed both by laughing and by weeping philosophers. It was a favourite theme of Horace and of Pascal, of Voltaire and of Johnson. To its influence on the fate of great communities may be ascribed most of the revolutions and counterrevolutions recorded in history. A hundred generations have elapsed since the first great national emanc.i.p.ation, of which an account has come down to us. We read in the most ancient of books that a people bowed to the dust under a cruel yoke, scourged to toil by hard taskmasters, not supplied with straw, yet compelled to furnish the daily tale of bricks, became sick of life, and raised such a cry of misery as pierced the heavens. The slaves were wonderfully set free: at the moment of their liberation they raised a song of grat.i.tude and triumph: but, in a few hours, they began to regret their slavery, and to murmur against the leader who had decoyed them away from the savoury fare of the house of bondage to the dreary waste which still separated them from the land flowing with milk and honey. Since that time the history of every great deliverer has been the history of Moses retold. Down to the present hour rejoicings like those on the sh.o.r.e of the Red Sea have ever been speedily followed by murmurings like those at the Waters of Strife. [8]

The most just and salutary revolution must produce much suffering. The most just and salutary revolution cannot produce all the good that had been expected from it by men of uninstructed minds and sanguine tempers.

Even the wisest cannot, while it is still recent, weigh quite fairly the evils which it has caused against the evils which it has removed. For the evils which it has caused are felt; and the evils which it has removed are felt no longer.

Thus it was now in England. The public was, as it always is during the cold fits which follow its hot fits, sullen, hard to please, dissatisfied with itself, dissatisfied with those who had lately been its favourites. The truce between the two great parties was at an end.

Separated by the memory of all that had been done and suffered during a conflict of half a century, they had been, during a few months, united by a common danger. But the danger was over: the union was dissolved; and the old animosity broke forth again in all its strength.

James had during the last year of his reign, been even more hated by the Tories than by the Whigs; and not without cause for the Whigs he was only an enemy; and to the Tories he had been a faithless and thankless friend. But the old royalist feeling, which had seemed to be extinct in the time of his lawless domination, had been partially revived by his misfortunes. Many lords and gentlemen, who had, in December, taken arms for the Prince of Orange and a Free Parliament, muttered, two months later, that they had been drawn in; that they had trusted too much to His Highness's Declaration; that they had given him credit for a disinterestedness which, it now appeared, was not in his nature. They had meant to put on King James, for his own good, some gentle force, to punish the Jesuits and renegades who had misled him, to obtain from him some guarantee for the safety of the civil and ecclesiastical inst.i.tutions of the realm, but not to uncrown and banish him. For his maladministration, gross as it had been, excuses were found. Was it strange that, driven from his native land, while still a boy, by rebels who were a disgrace to the Protestant name, and forced to pa.s.s his youth in countries where the Roman Catholic religion was established, he should have been captivated by that most attractive of all superst.i.tions? Was it strange that, persecuted and calumniated as he had been by an implacable faction, his disposition should have become sterner and more severe than it had once been thought, and that, when those who had tried to blast his honour and to rob him of his birthright were at length in his power, he should not have sufficiently tempered justice with mercy? As to the worst charge which had been brought against him, the charge of trying to cheat his daughters out of their inheritance by fathering a supposit.i.tious child, on what grounds did it rest? Merely on slight circ.u.mstances, such as might well be imputed to accident, or to that imprudence which was but too much in harmony with his character. Did ever the most stupid country justice put a boy in the stocks without requiring stronger evidence than that on which the English people had p.r.o.nounced their King guilty of the basest and most odious of all frauds? Some great faults he had doubtless committed, nothing could be more just or const.i.tutional than that for those faults his advisers and tools should be called to a severe reckoning; nor did any of those advisers and tools more richly deserve punishment than the Roundhead sectaries whose adulation had encouraged him to persist in the fatal exercise of the dispensing power. It was a fundamental law of the land that the King could do no wrong, and that, if wrong were done by his authority, his counsellors and agents were responsible. That great rule, essential to our polity, was now inverted. The sycophants, who were legally punishable, enjoyed impunity: the King, who was not legally punishable, was punished with merciless severity. Was it possible for the Cavaliers of England, the sons of the warriors who had fought under Rupert, not to feel bitter sorrow and indignation when they reflected on the fate of their rightful liege lord, the heir of a long line of princes, lately enthroned in splendour at Whitehall, now an exile, a suppliant, a mendicant? His calamities had been greater than even those of the Blessed Martyr from whom he sprang. The father had been slain by avowed and mortal foes: the ruin of the son had been the work of his own children. Surely the punishment, even if deserved, should have been inflicted by other hands. And was it altogether deserved? Had not the unhappy man been rather weak and rash than wicked? Had he not some of the qualities of an excellent prince? His abilities were certainly not of a high order: but he was diligent: he was thrifty: he had fought bravely: he had been his own minister for maritime affairs, and had, in that capacity, acquitted himself respectably: he had, till his spiritual guides obtained a fatal ascendency over his mind, been regarded as a man of strict justice; and, to the last, when he was not misled by them, he generally spoke truth and dealt fairly. With so many virtues he might, if he had been a Protestant, nay, if he had been a moderate Roman Catholic, have had a prosperous and glorious reign. Perhaps it might not be too late for him to retrieve his errors. It was difficult to believe that he could be so dull and perverse as not to have profited by the terrible discipline which he had recently undergone; and, if that discipline had produced the effects which might reasonably be expected from it, England might still enjoy, under her legitimate ruler, a larger measure of happiness and tranquillity than she could expect from the administration of the best and ablest usurper.

We should do great injustice to those who held this language, if we supposed that they had, as a body, ceased to regard Popery and despotism with abhorrence. Some zealots might indeed be found who could not bear the thought of imposing conditions on their King, and who were ready to recall him without the smallest a.s.surance that the Declaration of Indulgence should not be instantly republished, that the High Commission should not be instantly revived, that Petre should not be again seated at the Council Board, and that the fellows of Magdalene should not again be ejected. But the number of these men was small. On the other hand, the number of those Royalists, who, if James would have acknowledged his mistakes and promised to observe the laws, were ready to rally round him, was very large. It is a remarkable fact that two able and experienced statesmen, who had borne a chief part in the Revolution, frankly acknowledged, a few days after the Revolution had been accomplished, their apprehension that a Restoration was close at hand.

"If King James were a Protestant," said Halifax to Reresby, "we could not keep him out four months." "If King James," said Danby to the same person about the same time, "would but give the country some satisfaction about religion, which he might easily do, it would be very hard to make head against him." [9] Happily for England, James was, as usual, his own worst enemy. No word indicating that he took blame to himself on account of the past, or that he intended to govern const.i.tutionally for the future, could be extracted from him. Every letter, every rumour, that found its way from Saint Germains to England made men of sense fear that, if, in his present temper, he should be restored to power, the second tyranny would be worse than the first.

Thus the Tories, as a body, were forced to admit, very unwillingly, that there was, at that moment, no choice but between William and public ruin. They therefore, without altogether relinquishing the hope that he who was King by right might at some future time be disposed to listen to reason, and without feeling any thing like loyalty towards him who was King in possession, discontentedly endured the new government.

It may be doubted whether that government was not, during the first months of its existence, in more danger from the affection of the Whigs than from the disaffection of the Tories. Enmity can hardly be more annoying than querulous, jealous, exacting fondness; and such was the fondness which the Whigs felt for the Sovereign of their choice. They were loud in his praise. They were ready to support him with purse and sword against foreign and domestic foes. But their attachment to him was of a peculiar kind. Loyalty such as had animated the gallant gentlemen who fought for Charles the First, loyalty such as had rescued Charles the Second from the fearful dangers and difficulties caused by twenty years of maladministration, was not a sentiment to which the doctrines of Milton and Sidney were favourable; nor was it a sentiment which a prince, just raised to power by a rebellion, could hope to inspire. The Whig theory of government is that kings exist for the people, and not the people for the kings; that the right of a king is divine in no other sense than that in which the right of a member of parliament, of a judge, of a juryman, of a mayor, of a headborough, is divine; that, while the chief magistrate governs according to law, he ought to be obeyed and reverenced; that, when he violates the law, he ought to be withstood; and that, when he violates the law grossly, systematically and pertinaciously, he ought to be deposed. On the truth of these principles depended the justice of William's t.i.tle to the throne. It is obvious that the relation between subjects who held these principles, and a ruler whose accession had been the triumph of these principles, must have been altogether different from the relation which had subsisted between the Stuarts and the Cavaliers. The Whigs loved William indeed: but they loved him not as a King, but as a party leader; and it was not difficult to foresee that their enthusiasm would cool fast if he should refuse to be the mere leader of their party, and should attempt to be King of the whole nation. What they expected from him in return for their devotion to his cause was that he should be one of themselves, a stanch and ardent Whig; that he should show favour to none but Whigs; that he should make all the old grudges of the Whigs his own; and there was but too much reason to apprehend that, if he disappointed this expectation, the only section of the community which was zealous in his cause would be estranged from him. [10]

Such were the difficulties by which, at the moment of his elevation, he found himself beset. Where there was a good path he had seldom failed to choose it. But now he had only a choice among paths every one of which seemed likely to lead to destruction. From one faction he could hope for no cordial support. The cordial support of the other faction he could retain only by becoming himself the most factious man in his kingdom, a Shaftesbury on the throne. If he persecuted the Tories, their sulkiness would infallibly be turned into fury. If he showed favour to the Tories, it was by no means certain that he would gain their goodwill; and it was but too probable that he might lose his hold on the hearts of the Whigs.

Something however he must do: something he must risk: a Privy Council must be sworn in: all the great offices, political and judicial, must be filled. It was impossible to make an arrangement that would please every body, and difficult to make an arrangement that would please any body; but an arrangement must be made.

What is now called a ministry he did not think of forming. Indeed what is now called a ministry was never known in England till he had been some years on the throne. Under the Plantagenets, the Tudors, and the Stuarts, there had been ministers; but there had been no ministry. The servants of the Crown were not, as now, bound in frankpledge for each other. They were not expected to be of the same opinion even on questions of the gravest importance. Often they were politically and personally hostile to each other, and made no secret of their hostility.

It was not yet felt to be inconvenient or unseemly that they should accuse each other of high crimes, and demand each other's heads. No man had been more active in the impeachment of the Lord Chancellor Clarendon than Coventry, who was a Commissioner of the Treasury. No man had been more active in the impeachment of the Lord Treasurer Danby than Winnington, who was Solicitor General. Among the members of the Government there was only one point of union, their common head, the Sovereign. The nation considered him as the proper chief of the administration, and blamed him severely if he delegated his high functions to any subject. Clarendon has told us that nothing was so hateful to the Englishmen of his time as a Prime Minister. They would rather, he said, be subject to an usurper like Oliver, who was first magistrate in fact as well as in name, than to a legitimate King who referred them to a Grand Vizier. One of the chief accusations which the country party had brought against Charles the Second was that he was too indolent and too fond of pleasure to examine with care the balance sheets of public accountants and the inventories of military stores.

James, when he came to the crown, had determined to appoint no Lord High Admiral or Board of Admiralty, and to keep the entire direction of maritime affairs in his own hands; and this arrangement, which would now be thought by men of all parties unconst.i.tutional and pernicious in the highest degree, was then generally applauded even by people who were not inclined to see his conduct in a favourable light. How completely the relation in which the King stood to his Parliament and to his ministers had been altered by the Revolution was not at first understood even by the most enlightened statesmen. It was universally supposed that the government would, as in time past, be conducted by functionaries independent of each other, and that William would exercise a general superintendence over them all. It was also fully expected that a prince of William's capacity and experience would transact much important business without having recourse to any adviser.

There were therefore no complaints when it was understood that he had reserved to himself the direction of foreign affairs. This was indeed scarcely matter of choice: for, with the single exception of Sir William Temple, whom nothing would induce to quit his retreat for public life, there was no Englishman who had proved himself capable of conducting an important negotiation with foreign powers to a successful and honourable issue. Many years had elapsed since England had interfered with weight and dignity in the affairs of the great commonwealth of nations.

The attention of the ablest English politicians had long been almost exclusively occupied by disputes concerning the civil and ecclesiastical const.i.tution of their own country. The contests about the Popish Plot and the Exclusion Bill, the Habeas Corpus Act and the Test Act, had produced an abundance, it might almost be said a glut, of those talents which raise men to eminence in societies torn by internal factions. All the Continent could not show such skilful and wary leaders of parties, such dexterous parliamentary tacticians, such ready and eloquent debaters, as were a.s.sembled at Westminister. But a very different training was necessary to form a great minister for foreign affairs; and the Revolution had on a sudden placed England in a situation in which the services of a great minister for foreign affairs were indispensable to her.

William was admirably qualified to supply that in which the most accomplished statesmen of his kingdom were deficient. He had long been preeminently distinguished as a negotiator. He was the author and the soul of the European coalition against the French ascendency. The clue, without which it was perilous to enter the vast and intricate maze of Continental politics, was in his hands. His English counsellors, therefore, however able and active, seldom, during his reign, ventured to meddle with that part of the public business which he had taken as his peculiar province. [11]

The internal government of England could be carried on only by the advice and agency of English ministers. Those ministers William selected in such a manner as showed that he was determined not to proscribe any set of men who were willing to support his throne. On the day after the crown had been presented to him in the Banqueting House, the Privy Council was sworn in. Most of the Councillors were Whigs; but the names of several eminent Tories appeared in the list. [12] The four highest offices in the state were a.s.signed to four n.o.blemen, the representatives of four cla.s.ses of politicians.

In practical ability and official experience Danby had no superior among his contemporaries. To the grat.i.tude of the new Sovereigns he had a strong claim; for it was by his dexterity that their marriage had been brought about in spite of difficulties which had seemed insuperable. The enmity which he had always borne to France was a scarcely less powerful recommendation. He had signed the invitation of the thirtieth of June, had excited and directed the northern insurrection, and had, in the Convention, exerted all his influence and eloquence in opposition to the scheme of Regency. Yet the Whigs regarded him with unconquerable distrust and aversion. They could not forget that he had, in evil days, been the first minister of the state, the head of the Cavaliers, the champion of prerogative, the persecutor of dissenters. Even in becoming a rebel, he had not ceased to be a Tory. If he had drawn the sword against the Crown, he had drawn it only in defence of the Church. If he had, in the Convention, done good by opposing the scheme of Regency, he had done harm by obstinately maintaining that the throne was not vacant, and that the Estates had no right to determine who should fill it. The Whigs were therefore of opinion that he ought to think himself amply rewarded for his recent merits by being suffered to escape the punishment of those offences for which he had been impeached ten years before. He, on the other hand, estimated his own abilities and services, which were doubtless considerable, at their full value, and thought himself ent.i.tled to the great place of Lord High Treasurer, which he had formerly held. But he was disappointed. William, on principle, thought it desirable to divide the power and patronage of the Treasury among several Commissioners. He was the first English King who never, from the beginning to the end of his reign, trusted the white staff in the hands of a single subject. Danby was offered his choice between the Presidency of the Council and a Secretaryship of State. He sullenly accepted the Presidency, and, while the Whigs murmured at seeing him placed so high, hardly attempted to conceal his anger at not having been placed higher.

[13]

Halifax, the most ill.u.s.trious man of that small party which boasted that it kept the balance even between Whigs and Tories, took charge of the Privy Seal, and continued to be Speaker of the House of Lords. [14] He had been foremost in strictly legal opposition to the late Government, and had spoken and written with great ability against the dispensing power: but he had refused to know any thing about the design of invasion: he had laboured, even when the Dutch were in full march towards London, to effect a reconciliation; and he had never deserted James till James had deserted the throne. But, from the moment of that shameful flight, the sagacious Trimmer, convinced that compromise was thenceforth impossible, had taken a decided part. He had distinguished himself preeminently in the Convention: nor was it without a peculiar propriety that he had been appointed to the honourable office of tendering the crown, in the name of all the Estates of England, to the Prince and Princess of Orange; for our Revolution, as far as it can be said to bear the character of any single mind, a.s.suredly bears the character of the large yet cautious mind of Halifax. The Whigs, however, were not in a temper to accept a recent service as an atonement for an old offence; and the offence of Halifax had been grave indeed. He had long before been conspicuous in their front rank during a hard fight for liberty. When they were at length victorious, when it seemed that Whitehall was at their mercy, when they had a near prospect of dominion and revenge, he had changed sides; and fortune had changed sides with him. In the great debate on the Exclusion Bill, his eloquence had struck them dumb, and had put new life into the inert and desponding party of the Court. It was true that, though he had left them in the day of their insolent prosperity, he had returned to them in the day of their distress. But, now that their distress was over, they forgot that he had returned to them, and remembered only that he had left them. [15]

The vexation with which they saw Danby presiding in the Council, and Halifax bearing the Privy Seal, was not diminished by the news that Nottingham was appointed Secretary of State. Some of those zealous churchmen who had never ceased to profess the doctrine of nonresistance, who thought the Revolution unjustifiable, who had voted for a Regency, and who had to the last maintained that the English throne could never be one moment vacant, yet conceived it to be their duty to submit to the decision of the Convention. They had not, they said, rebelled against James. They had not selected William. But, now that they saw on the throne a Sovereign whom they never would have placed there, they were of opinion that no law, divine or human, bound them to carry the contest further. They thought that they found, both in the Bible and in the Statute Book, directions which could not be misunderstood. The Bible enjoins obedience to the powers that be. The Statute Book contains an act providing that no subject shall be deemed a wrongdoer for adhering to the King in possession. On these grounds many, who had not concurred in setting up the new government, believed that they might give it their support without offence to G.o.d or man. One of the most eminent politicians of this school was Nottingham. At his instance the Convention had, before the throne was filled, made such changes in the oath of allegiance as enabled him and those who agreed with him to take that oath without scruple. "My principles," he said, "do not permit me to bear any part in making a King. But when a King has been made, my principles bind me to pay him an obedience more strict than he can expect from those who have made him." He now, to the surprise of some of those who most esteemed him, consented to sit in the council, and to accept the seals of Secretary. William doubtless hoped that this appointment would be considered by the clergy and the Tory country gentlemen as a sufficient guarantee that no evil was meditated against the Church. Even Burnet, who at a later period felt a strong antipathy to Nottingham, owned, in some memoirs written soon after the Revolution, that the King had judged well, and that the influence of the Tory Secretary, honestly exerted in support of the new Sovereigns, had saved England from great calamities. [16]

The other Secretary was Shrewsbury. [17] No man so young had within living memory occupied so high a post in the government. He had but just completed his twenty-eighth year. n.o.body, however, except the solemn formalists at the Spanish emba.s.sy, thought his youth an objection to his promotion. [18] He had already secured for himself a place in history by the conspicuous part which he had taken in the deliverance of his country. His talents, his accomplishments, his graceful manners, his bland temper, made him generally popular. By the Whigs especially he was almost adored. None suspected that, with many great and many amiable qualities, he had such faults both of head and of heart as would make the rest of a life which had opened under the fairest auspices burdensome to himself and almost useless to his country.

The naval administration and the financial administration were confided to Boards. Herbert was First Commissioner of the Admiralty. He had in the late reign given up wealth and dignities when he found that he could not retain them with honour and with a good conscience. He had carried the memorable invitation to the Hague. He had commanded the Dutch fleet during the voyage from Helvoetsluys to Torbay. His character for courage and professional skill stood high. That he had had his follies and vices was well known. But his recent conduct in the time of severe trial had atoned for all, and seemed to warrant the hope that his future career would be glorious. Among the commissioners who sate with him at the Admiralty were two distinguished members of the House of Commons, William Sacheverell, a veteran Whig, who had great authority in his party, and Sir John Lowther, an honest and very moderate Tory, who in fortune and parliamentary interest was among the first of the English gentry. [19]

Mordaunt, one of the most vehement of the Whigs, was placed at the head of the Treasury; why, it is difficult to say. His romantic courage, his flighty wit, his eccentric invention, his love of desperate risks and startling effects, were not qualities likely to be of much use to him in financial calculations and negotiations. Delamere, a more vehement Whig, if possible, than Mordaunt, sate second at the board, and was Chancellor of the Exchequer. Two Whig members of the House of Commons were in the Commission, Sir Henry Capel, brother of that Earl of Ess.e.x who died by his own hand in the Tower, and Richard Hampden, son of the great leader of the Long Parliament. But the Commissioner on whom the chief weight of business lay was G.o.dolphin. This man, taciturn, clearminded, laborious, inoffensive, zealous for no government and useful to every government, had gradually become an almost indispensable part of the machinery of the state. Though a churchman, he had prospered in a Court governed by Jesuits. Though he had voted for a Regency, he was the real head of a treasury filled with Whigs. His abilities and knowledge, which had in the late reign supplied the deficiencies of Bellasyse and Dover, were now needed to supply the deficiencies of Mordaunt and Delamere. [20]

There were some difficulties in disposing of the Great Seal. The King at first wished to confide it to Nottingham, whose father had borne it during several years with high reputation. [21] Nottingham, however, declined the trust; and it was offered to Halifax, but was again declined. Both these Lords doubtless felt that it was a trust which they could not discharge with honour to themselves or with advantage to the public. In old times, indeed, the Seal had been generally held by persons who were not lawyers. Even in the seventeenth century it had been confided to two eminent men, who had never studied at any Inn of Court. Dean Williams had been Lord Keeper to James the First.

Shaftesbury had been Lord Chancellor to Charles the Second. But such appointments could no longer be made without serious inconvenience.

Equity had been gradually shaping itself into a refined science, which no human faculties could master without long and intense application.

Even Shaftesbury, vigorous as was his intellect, had painfully felt his want of technical knowledge; [22] and, during the fifteen years which had elapsed since Shaftesbury had resigned the Seal, technical knowledge had constantly been becoming more and more necessary to his successors.

Neither Nottingham therefore, though he had a stock of legal learning such as is rarely found in any person who has not received a legal education, nor Halifax, though, in the judicial sittings of the House of Lords, the quickness of his apprehension and the subtlety of his reasoning had often astonished the bar, ventured to accept the highest office which an English layman can fill. After some delay the Seal was confided to a commission of eminent lawyers, with Maynard at their head.

[23]

The choice of judges did honour to the new government. Every Privy Councillor was directed to bring a list. The lists were compared; and twelve men of conspicuous merit were selected. [24] The professional attainments and Whig principles of Pollexfen gave him pretensions to the highest place. But it was remembered that he had held briefs for the Crown, in the Western counties, at the a.s.sizes which followed the battle of Sedgemoor. It seems indeed from the reports of the trials that he did as little as he could do if he held the briefs at all, and that he left to the Judges the business of browbeating witnesses and prisoners.

Nevertheless his name was inseparably a.s.sociated in the public mind with the b.l.o.o.d.y Circuit. He, therefore, could not with propriety be put at the head of the first criminal court in the realm. [25] After acting during a few weeks as Attorney General, he was made Chief Justice of the Common Pleas. Sir John Holt, a young man, but distinguished by learning, integrity, and courage, became Chief Justice of the King's Bench. Sir Robert Atkyns, an eminent lawyer, who had pa.s.sed some years in rural retirement, but whose reputation was still great in Westminster Hall, was appointed Chief Baron. Powell, who had been disgraced on account of his honest declaration in favour of the Bishops, again took his seat among the judges. Treby succeeded Pollexfen as Attorney General; and Somers was made Solicitor. [26]

Two of the chief places in the Royal household were filled by two English n.o.blemen eminently qualified to adorn a court. The high spirited and accomplished Devonshire was named Lord Steward. No man had done more or risked more for England during the crisis of her fate. In retrieving her liberties he had retrieved also the fortunes of his own house. His bond for thirty thousand pounds was found among the papers which James had left at Whitehall, and was cancelled by William. [27]

Dorset became Lord Chamberlain, and employed the influence and patronage annexed to his functions, as he had long employed his private means, in encouraging genius and in alleviating misfortune. One of the first acts which he was under the necessity of performing must have been painful to a man of so generous a nature, and of so keen a relish for whatever was excellent in arts and letters. Dryden could no longer remain Poet Laureate. The public would not have borne to see any Papist among the servants of their Majesties; and Dryden was not only a Papist, but an apostate. He had moreover aggravated the guilt of his apostasy by calumniating and ridiculing the Church which he had deserted. He had, it was facetiously said, treated her as the Pagan persecutors of old treated her children. He had dressed her up in the skin of a wild beast, and then baited her for the public amus.e.m.e.nt. [28] He was removed; but he received from the private bounty of the magnificent Chamberlain a pension equal to the salary which had been withdrawn. The deposed Laureate, however, as poor of spirit as rich in intellectual gifts, continued to complain piteously, year after year, of the losses which he had not suffered, till at length his wailings drew forth expressions of well merited contempt from brave and honest Jacobites, who had sacrificed every thing to their principles without deigning to utter one word of deprecation or lamentation. [29]

In the Royal household were placed some of those Dutch n.o.bles who stood highest in the favour of the King. Bentinck had the great office of Groom of the Stole, with a salary of five thousand pounds a year.

Zulestein took charge of the robes. The Master of the Horse was Auverquerque, a gallant soldier, who united the blood of Na.s.sau to the blood of Horn, and who wore with just pride a costly sword presented to him by the States General in acknowledgment of the courage with which he had, on the b.l.o.o.d.y day of Saint Dennis, saved the life of William.

The place of Vice Chamberlain to the Queen was given to a man who had just become conspicuous in public life, and whose name will frequently recur in the history of this reign. John Howe, or, as he was more commonly called, Jack Howe, had been sent up to the Convention by the borough of Cirencester. His appearance was that of a man whose body was worn by the constant workings of a restless and acrid mind. He was tall, lean, pale, with a haggard eager look, expressive at once of flightiness and of shrewdness. He had been known, during several years, as a small poet; and some of the most savage lampoons which were handed about the coffeehouses were imputed to him. But it was in the House of Commons that both his parts and his illnature were most signally displayed.

Before he had been a member three weeks, his volubility, his asperity, and his pertinacity had made him conspicuous. Quickness, energy, and audacity, united, soon raised him to the rank of a privileged man. His enemies, and he had many enemies, said that he consulted his personal safety even in his most petulant moods, and that he treated soldiers with a civility which he never showed to ladies or to Bishops. But no man had in larger measure that evil courage which braves and even courts disgust and hatred. No decencies restrained him: his spite was implacable: his skill in finding out the vulnerable parts of strong minds was consummate. All his great contemporaries felt his sting in their turns. Once it inflicted a wound which deranged even the stern composure of William, and constrained him to utter a wish that he were a private gentleman, and could invite Mr. Howe to a short interview behind Montague House. As yet, however, Howe was reckoned among the most strenuous supporters of the new government, and directed all his sarcasms and invectives against the malcontents. [30]

The subordinate places in every public office were divided between the two parties: but the Whigs had the larger share. Some persons, indeed, who did little honour to the Whig name, were largely recompensed for services which no good man would have performed. Wildman was made Postmaster General. A lucrative sinecure in the Excise was bestowed on Ferguson. The duties of the Solicitor of the Treasury were both very important and very invidious. It was the business of that officer to conduct political prosecutions, to collect the evidence, to instruct the counsel for the Crown, to see that the prisoners were not liberated on insufficient bail, to see that the juries were not composed of persons hostile to the government. In the days of Charles and James, the Solicitors of the Treasury had been with too much reason accused of employing all the vilest artifices of chicanery against men obnoxious to the Court. The new government ought to have made a choice which was above all suspicion. Unfortunately Mordaunt and Delamere pitched upon Aaron Smith, an acrimonious and unprincipled politician, who had been the legal adviser of t.i.tus Oates in the days of the Popish Plot, and who had been deeply implicated in the Rye House Plot. Richard Hampden, a man of decided opinions but of moderate temper, objected to this appointment. His objections however were overruled. The Jacobites, who hated Smith and had reason to hate him, affirmed that he had obtained his place by bullying the Lords of the Treasury, and particularly by threatening that, if his just claims were disregarded, he would be the death of Hampden. [31]

Some weeks elapsed before all the arrangements which have been mentioned were publicly announced: and meanwhile many important events had taken place. As soon as the new Privy Councillors had been sworn in, it was necessary to submit to them a grave and pressing question. Could the Convention now a.s.sembled be turned into a Parliament? The Whigs, who had a decided majority in the Lower House, were all for the affirmative.

The Tories, who knew that, within the last month, the public feeling had undergone a considerable change, and who hoped that a general election would add to their strength, were for the negative. They maintained that to the existence of a Parliament royal writs were indispensably necessary. The Convention had not been summoned by such writs: the original defect could not now be supplied: the Houses were therefore mere clubs of private men, and ought instantly to disperse.

It was answered that the royal writ was mere matter of form, and that to expose the substance of our laws and liberties to serious hazard for the sake of a form would be the most senseless superst.i.tion. Wherever the Sovereign, the Peers spiritual and temporal, and the Representatives freely chosen by the const.i.tuent bodies of the realm were met together, there was the essence of a Parliament. Such a Parliament was now in being; and what could be more absurd than to dissolve it at a conjuncture when every hour was precious, when numerous important subjects required immediate legislation, and when dangers, only to be averted by the combined efforts of King, Lords, and Commons, menaced the State? A Jacobite indeed might consistently refuse to recognise the Convention as a Parliament. For he held that it had from the beginning been an unlawful a.s.sembly, that all its resolutions were nullities, and that the Sovereigns whom it had set up were usurpers. But with what consistency could any man, who maintained that a new Parliament ought to be immediately called by writs under the great seal of William and Mary, question the authority which had placed William and Mary on the throne?

Those who held that William was rightful King must necessarily hold that the body from which he derived his right was itself a rightful Great Council of the Realm. Those who, though not holding him to be rightful King, conceived that they might lawfully swear allegiance to him as King in fact, might surely, on the same principle, acknowledge the Convention as a Parliament in fact. It was plain that the Convention was the fountainhead from which the authority of all future Parliaments must be derived, and that on the validity of the votes of the Convention must depend the validity of every future statute. And how could the stream rise higher than the source? Was it not absurd to say that the Convention was supreme in the state, and yet a nullity; a legislature for the highest of all purposes, and yet no legislature for the humblest purposes; competent to declare the throne vacant, to change the succession, to fix the landmarks of the const.i.tution, and yet not competent to pa.s.s the most trivial Act for the repairing of a pier or the building of a parish church?

These arguments would have had considerable weight, even if every precedent had been on the other side. But in truth our history afforded only one precedent which was at all in point; and that precedent was decisive in favour of the doctrine that royal writs are not indispensably necessary to the existence of a Parliament. No royal writ had summoned the Convention which recalled Charles the Second. Yet that Convention had, after his Restoration, continued to sit and to legislate, had settled the revenue, had pa.s.sed an Act of amnesty, had abolished the feudal tenures. These proceedings had been sanctioned by authority of which no party in the state could speak without reverence.