The History of England, from the Accession of James II - Volume 2

The foreign embassies were all in a ferment. It was well understood that a few days would now decide the great question, whether the King of England was or was not to be the vassal of the King of France. The ministers of the House of Austria were most anxious that James should give satisfaction to his Parliament. Innocent had sent to London two persons charged to inculcate moderation, both by admonition and by example. One of them was John Leyburn, an English Dominican, who had been secretary to Cardinal Howard, and who, with some learning and a rich vein of natural humour, was the most cautious, dexterous, and taciturn of men. He had recently been consecrated Bishop of Adrumetum, and named Vicar Apostolic in Great Britain. Ferdinand, Count of Adda, an Italian of no eminent abilities, but of mild temper and courtly manners, had been appointed Nuncio. These functionaries were eagerly welcomed by James. No Roman Catholic Bishop had exercised spiritual functions in the island during more than half a century. No Nuncio had been received here during the hundred and twenty-seven years which had elapsed since the death of Mary. Leyburn was lodged in Whitehall, and received a pension of a thousand pounds a year. Adda did not yet assume a public character. He passed for a foreigner of rank whom curiosity had brought to London, appeared daily at court, and was treated with high consideration. Both the Papal emissaries did their best to diminish, as much as possible, the odium inseparable from the offices which they filled, and to restrain the rash zeal of James. The Nuncio, in particular, declared that nothing could be more injurious to the interests of the Church of Rome than a rupture between the King and the Parliament. 18

Barillon was active on the other side. The instructions which he received from Versailles on this occasion well deserve to be studied; for they furnish a key to the policy systematically pursued by his master towards England during the twenty years which preceded our revolution. The advices from Madrid, Lewis wrote, were alarming. Strong hopes were entertained there that James would ally himself closely with the House of Austria, as soon as he should be assured that his Parliament would give him no trouble. In these circumstances, it was evidently the interest of France that the Parliament should prove refractory. Barillon was therefore directed to act, with all possible precautions against detection, the part of a makebate. At court he was to omit no opportunity of stimulating the religious zeal and the kingly pride of James; but at the same time it might be desirable to have some secret communication with the malecontents. Such communication would indeed be hazardous and would require the utmost adroitness; yet it might perhaps be in the power of the Ambassador, without committing himself or his government, to animate the zeal of the opposition for the laws and liberties of England, and to let it be understood that those laws and liberties were not regarded by his master with an unfriendly eye. 19

Lewis, when he dictated these instructions, did not foresee how speedily and how completely his uneasiness would be removed by the obstinacy and stupidity of James. On the twelfth of November the House of Commons, resolved itself into a committee on the royal speech. The Solicitor General Heneage Finch, was in the chair. The debate was conducted by the chiefs of the new country party with rare tact and address. No expression indicating disrespect to the Sovereign or sympathy for rebels was suffered to escape. The western insurrection was always mentioned with abhorrence. Nothing was said of the barbarities of Kirke and Jeffreys. It was admitted that the heavy expenditure which had been occasioned by the late troubles justified the King in asking some further supply: but strong objections were made to the augmentation of the army and to the infraction of the Test Act.

The subject of the Test Act the courtiers appear to have carefully avoided. They harangued, however, with some force on the great superiority of a regular army to a militia. One of them tauntingly asked whether the defence of the kingdom was to be entrusted to the beefeaters. Another said that he should be glad to know how the Devonshire trainbands, who had fled in confusion before Monmouth's scythemen, would have faced the household troops of Lewis. But these arguments had little effect on Cavaliers who still remembered with bitterness the stern rule of the Protector. The general feeling was forcibly expressed by the first of the Tory country gentlemen of England, Edward Seymour. He admitted that the militia was not in a satisfactory state, but maintained that it might be remodelled. The remodelling might require money; but, for his own part, he would rather give a million to keep up a force from which he had nothing to fear, than half a million to keep up a force of which he must ever be afraid. Let the trainbands be disciplined; let the navy be strengthened; and the country would be secure. A standing army was at best a mere drain on the public resources. The soldier was withdrawn from all useful labour. He produced nothing: he consumed the fruits of the industry of other men; and he domineered over those by whom he was supported. But the nation was now threatened, not only with a standing army, but with a Popish standing army, with a standing army officered by men who might be very amiable and honourable, but who were on principle enemies to the constitution of the realm. Sir William Twisden, member for the county of Kent, spoke on the same side with great keenness and loud applause. Sir Richard Temple, one of the few Whigs who had a seat in that Parliament, dexterously accommodating his speech to the temper of his audience, reminded the House that a standing army had been found, by experience, to be as dangerous to the just authority of princes as to the liberty of nations. Sir John Maynard, the most learned lawyer of his time, took part in the debate. He was now more than eighty years old, and could well remember the political contests of the reign of James the First. He had sate in the Long Parliament, and had taken part with the Roundheads, but had always been for lenient counsels, and had laboured to bring about a general reconciliation. His abilities, which age had not impaired, and his professional knowledge, which had long overawed all Westminster Hall, commanded the ear of the House of Commons. He, too, declared himself against the augmentation of the regular forces.

After much debate, it was resolved that a supply should be granted to the crown; but it was also resolved that a bill should be brought in for making the militia more efficient. This last resolution was tantamount to a declaration against the standing army. The King was greatly displeased; and it was whispered that, if things went on thus, the session would not be of long duration. 20

On the morrow the contention was renewed. The language of the country party was perceptibly bolder and sharper than on the preceding day. That paragraph of the King's speech which related to supply preceded the paragraph which related to the test. On this ground Middleton proposed that the paragraph relating to supply should be first considered in committee. The opposition moved the previous question. They contended that the reasonable and constitutional practice was to grant no money till grievances had been redressed, and that there would be an end of this practice if the House thought itself bound servilely to follow the order in which matters were mentioned by the King from the throne.

The division was taken on the question whether Middletons motion should be put. The Noes were ordered by the Speaker to go forth into the lobby. They resented this much, and complained loudly of his servility and partiality: for they conceived that, according to the intricate and subtle rule which was then in force, and which, in our time, was superseded by a more rational and convenient practice, they were entitled to keep their seats; and it was held by all the Parliamentary tacticians of that age that the party which stayed in the House had an advantage over the party which went out; for the accommodation on the benches was then so deficient that no person who had been fortunate enough to get a good seat was willing to lose it. Nevertheless, to the dismay of the ministers, many persons on whose votes the court had absolutely depended were seen moving towards the door. Among them was Charles Fox, Paymaster of the Forces, and son of Sir Stephen Fox, Clerk of the Green Cloth. The Paymaster had been induced by his friends to absent himself during part of the discussion. But his anxiety had become insupportable. He come down to the Speaker's chamber, heard part of the debate, withdrew, and, after hesitating for an hour or two between conscience and five thousand pounds a year, took a manly resolution and rushed into the House just in time to vote. Two officers of the army, Colonel John Darcy, son of the Lord Conyers, and Captain James Kendall, withdrew to the lobby. Middleton went down to the bar and expostulated warmly with them. He particularly addressed himself to Kendall, a needy retainer of the court, who had, in obedience to the royal mandate, been sent to Parliament by a packed corporation in Cornwall, and who had recently obtained a grant of a hundred head of rebels sentenced to transportation. "Sir," said Middleton, "have not you a troop of horse in His Majesty's service?" "Yes, my Lord," answered Kendall: "but my elder brother is just dead, and has left me seven hundred a year."

When the tellers had done their office it appeared that the Ayes were one hundred and eighty-two, and the Noes one and eighty-three. In that House of Commons which had been brought together by the unscrupulous use of chicanery, of corruption, and of violence, in that House of Commons of which James had said that more than eleven twelfths of the members were such as he would himself have nominated, the court had sustained a defeat on a vital question. 21

In consequence of this vote the expressions which the King had used respecting the test were, on the thirteenth of November, taken into consideration. It was resolved, after much discussion, that an address should be presented to him, reminding him that he could not legally continue to employ officers who refused to qualify, and pressing him to give such directions as might quiet the apprehensions and jealousies of his people. 22

A motion was then made that the Lords should be requested to join in the address. Whether this motion was honestly made by the opposition, in the hope that the concurrence of the peers would add weight to the remonstrance, or artfully made by the courtiers, in the hope that a breach between the Houses might be the consequence, it is now impossible to discover. The proposition was rejected. 23

The House then resolved itself into a committee, for the purpose of considering the amount of supply to be granted. The King wanted fourteen hundred thousand pounds: but the ministers saw that it would be vain to ask for so large a sum. The Chancellor of the Exchequer mentioned twelve hundred thousand pounds. The chiefs of the opposition replied that to vote for such a grant would be to vote for the permanence of the present military establishment: they were disposed to give only so much as might suffice to keep the regular troops on foot till the militia could be remodelled and they therefore proposed four hundred thousand pounds. The courtiers exclaimed against this motion as unworthy of the House and disrespectful to the King: but they were manfully encountered. One of the western members, John Windham, who sate for Salisbury, especially distinguished himself. He had always, he said, looked with dread and aversion on standing armies; and recent experience had strengthened those feelings. He then ventured to touch on a theme which had hitherto been studiously avoided. He described the desolation of the western counties. The people, he said, were weary of the oppression of the troops, weary of free quarters, of depredations, of still fouler crimes which the law called felonies, but for which, when perpetrated by this class of felons, no redress could be obtained. The King's servants had indeed told the House that excellent rules had been laid down for the government of the army; but none could venture to say that these rules had been observed. What, then, was the inevitable inference? Did not the contrast between the paternal injunctions issued from the throne and the insupportable tyranny of the soldiers prove that the army was even now too strong for the prince as well as for the people? The Commons might surely, with perfect consistency, while they reposed entire confidence in the intentions of His Majesty, refuse to make any addition to a force which it was clear that His Majesty could not manage.

The motion that the sum to be granted should not exceed four hundred thousand pounds, was lost by twelve votes. This victory of the ministers was little better than a defeat. The leaders of the country party, nothing disheartened, retreated a little, made another stand, and proposed the sum of seven hundred thousand pounds. The committee divided again, and the courtiers were beaten by two hundred and twelve votes to one hundred and seventy. 24

On the following day the Commons went in procession to Whitehall with their address on the subject of the test. The King received them on his throne. The address was drawn up in respectful and affectionate language; for the great majority of those who had voted for it were zealously and even superstitiously loyal, and had readily agreed to insert some complimentary phrases, and to omit every word which the courtiers thought offensive. The answer of James was a cold and sullen reprimand. He declared himself greatly displeased and amazed that the Commons should have profited so little by the admonition which he had given them. "But," said he, "however you may proceed on your part, I will be very steady in all the promises which I have made to you." 25

The Commons reassembled in their chamber, discontented, yet somewhat overawed. To most of them the King was still an object of filial reverence. Three more years filled with injuries, and with insults more galling than injuries, were scarcely sufficient to dissolve the ties which bound the Cavalier gentry to the throne.

The Speaker repeated the substance of the King's reply. There was, for some time, a solemn stillness; then the order of the day was read in regular course; and the House went into committee on the bill for remodelling the militia.

In a few hours, however, the spirit of the opposition revived. When, at the close of the day, the Speaker resumed the chair, Wharton, the boldest and most active of the Whigs, proposed that a time should be appointed for taking His Majesty's answer into consideration. John Coke, member for Derby, though a noted Tory, seconded Wharton. "I hope," he said, "that we are all Englishmen, and that we shall not be frightened from our duty by a few high words."

It was manfully, but not wisely, spoken. The whole House was in a tempest. "Take down his words," "To the bar," "To the Tower," resounded from every side. Those who were most lenient proposed that the offender should be reprimanded: but the ministers vehemently insisted that he should be sent to prison. The House might pardon, they said, offences committed against itself, but had no right to pardon an insult offered to the crown. Coke was sent to the Tower. The indiscretion of one man had deranged the whole system of tactics which had been so ably concerted by the chiefs of the opposition. It was in vain that, at that moment, Edward Seymour attempted to rally his followers, exhorted them to fix a day for discussing the King's answer, and expressed his confidence that the discussion would be conducted with the respect due from subjects to the sovereign. The members were so much cowed by the royal displeasure, and so much incensed by the rudeness of Coke, that it would not have been safe to divide. 26

The House adjourned; and the ministers flattered themselves that the spirit of opposition was quelled. But on the morrow, the nineteenth of November, new and alarming symptoms appeared. The time had arrived for taking into consideration the petitions which had been presented from all parts of England against the late elections. When, on the first meeting of the Parliament, Seymour had complained of the force and fraud by which the government had prevented the sense of constituent bodies from being fairly taken, he had found no seconder. But many who had then flinched from his side had subsequently taken heart, and, with Sir John Lowther, member for Cumberland, at their head, had, before the recess, suggested that there ought to be an enquiry into the abuses which had so much excited the public mind. The House was now in a much more angry temper; and many voices were boldly raised in menace and accusation. The ministers were told that the nation expected, and should have, signal redress. Meanwhile it was dexterously intimated that the best atonement which a gentleman who had been brought into the House by irregular means could make to the public was to use his ill acquired power in defence of the religion and liberties of his country. No member who, in that crisis, did his duty had anything to fear. It might be necessary to unseat him; but the whole influence of the opposition should be employed to procure his reelection. 27

On the same day it became clear that the spirit of opposition had spread from the Commons to the Lords, and even to the episcopal bench. William Cavendish, Earl of Devonshire, took the lead in the Upper House; and he was well qualified to do so. In wealth and influence he was second to none of the English nobles; and the general voice designated him as the finest gentleman of his time. His magnificence, his taste, his talents, his classical learning, his high spirit, the grace and urbanity of his manners, were admitted by his enemies. His eulogists, unhappily, could not pretend that his morals had escaped untainted from the widespread contagion of that age. Though an enemy of Popery and of arbitrary power, he had been averse to extreme courses, had been willing, when the Exclusion Bill was lost, to agree to a compromise, and had never been concerned in the illegal and imprudent schemes which had brought discredit on the Whig party. But, though regretting part of the conduct of his friends, he had not, on that account, failed to perform zealously the most arduous and perilous duties of friendship. He had stood near Russell at the bar, had parted from him on the sad morning of the execution with close embraces and with many bitter tears, nay, had offered to manage an escape at the hazard of his own life. 28 This great nobleman now proposed that a day should be fixed for considering the royal speech. It was contended, on the other side, that the Lords, by voting thanks for the speech, had precluded themselves from complaining of it. But this objection was treated with contempt by Halifax. "Such thanks," he said with the sarcastic pleasantry in which he excelled, "imply no approbation. We are thankful whenever our gracious Sovereign deigns to speak to us. Especially thankful are we when, as on the present occasion, he speaks out, and gives us fair warning of what we are to suffer." 29 Doctor Henry Compton, Bishop of London, spoke strongly for the motion. Though not gifted with eminent abilities, nor deeply versed in the learning of his profession, he was always heard by the House with respect; for he was one of the few clergymen who could, in that age, boast of noble blood. His own loyalty, and the loyalty of his family, had been signally proved. His father, the second Earl of Northampton, had fought bravely for King Charles the First, and, surrounded by the parliamentary soldiers, had fallen, sword in hand, refusing to give or take quarter. The Bishop himself, before he was ordained, had borne arms in the Guards; and, though he generally did his best to preserve the gravity and sobriety befitting a prelate, some flashes of his military spirit would, to the last, occasionally break forth. He had been entrusted with the religious education of the two Princesses, and had acquitted himself of that important duty in a manner which had satisfied all good Protestants, and had secured to him considerable influence over the minds of his pupils, especially of the Lady Anne. 30 He now declared that he was empowered to speak the sense of his brethren, and that, in their opinion and in his own, the whole civil and ecclesiastical constitution of the realm was in danger.

One of the most remarkable speeches of that day was made by a young man, whose eccentric career was destined to amaze Europe. This was Charles Mordaunt, Viscount Mordaunt, widely renowned, many years later, as Earl of Peterborough. Already he had given abundant proofs of his courage, of his capacity, and of that strange unsoundness of mind which made his courage and capacity almost useless to his country. Already he had distinguished himself as a wit and a scholar, as a soldier and a sailor. He had even set his heart on rivalling Bourdaloue and Bossuet. Though an avowed freethinker, he had sate up all night at sea to compose sermons, and had with great difficulty been prevented from edifying the crew of a man of war with his pious oratory. 31 He now addressed the House of Peers, for the first time, with characteristic eloquence, sprightliness, and audacity. He blamed the Commons for not having taken a bolder line. "They have been afraid," he said, "to speak out. They have talked of apprehensions and jealousies. What have apprehension and jealousy to do here? Apprehension and jealousy are the feelings with which we regard future and uncertain evils. The evil which we are considering is neither future nor uncertain. A standing army exists. It is officered by Papists. We have no foreign enemy. There is no rebellion in the land. For what, then, is this force maintained, except for the purpose of subverting our laws and establishing that arbitrary power which is so justly abhorred by Englishmen?" 32

Jeffreys spoke against the motion in the coarse and savage style of which he was a master; but he soon found that it was not quite so easy to browbeat the proud and powerful barons of England in their own hall, as to intimidate advocates whose bread depended on his favour or prisoners whose necks were at his mercy. A man whose life has been passed in attacking and domineering, whatever may be his talents and courage, generally makes a mean figure when he is vigorously assailed, for, being unaccustomed to stand on the defensive, he becomes confused; and the knowledge that all those whom he has insulted are enjoying his confusion confuses him still more. Jeffreys was now, for the first time since he had become a great man, encountered on equal terms by adversaries who did not fear him. To the general delight, he passed at once from the extreme of insolence to the extreme of meanness, and could not refrain from weeping with rage and vexation. 33 Nothing indeed was wanting to his humiliation; for the House was crowded by about a hundred peers, a larger number than had voted even on the great day of the Exclusion Bill. The King, too, was present. His brother had been in the habit of attending the sittings of the Lords for amusement, and used often to say that a debate was as entertaining as a comedy. James came, not to be diverted, but in the hope that his presence might impose some restraint on the discussion. He was disappointed. The sense of the House was so strongly manifested that, after a closing speech, of great keenness, from Halifax, the courtiers did not venture to divide. An early day was fixed for taking the royal speech into consideration; and it was ordered that every peer who was not at a distance from Westminster should be in his place. 34

On the following morning the King came down, in his robes, to the House of Lords. The Usher of the Black Rod summoned the Commons to the bar; and the Chancellor announced that the Parliament was prorogued to the tenth of February. 35 The members who had voted against the court were dismissed from the public service. Charles Fox quitted the Pay Office. The Bishop of London ceased to be Dean of the Chapel Royal, and his name was struck out of the list of Privy Councillors.

The effect of the prorogation was to put an end to a legal proceeding of the highest importance. Thomas Grey, Earl of Stamford, sprung from one of the most illustrious houses of England, had been recently arrested and committed close prisoner to the Tower on a charge of high treason. He was accused of having been concerned in the Rye House Plot. A true bill had been found against him by the grand jury of the City of London, and had been removed into the House of Lords, the only court before which a temporal peer can, during a session of Parliament, be arraigned for any offence higher than a misdemeanour. The first of December had been fixed for the trial; and orders had been given that Westminster Hall should be fitted up with seats and hangings. In consequence of the prorogation, the hearing of the cause was postponed for an indefinite period; and Stamford soon regained his liberty. 36