The History of England, from the Accession of James II - Volume 3

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. Nobody, however, except the solemn formalists at the Spanish embassy, 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 Essex 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 Godolphin. 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 assizes 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 associated in the public mind with the Bloody 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 passed 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 noblemen 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 amusement. 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 nobles 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 Nassau 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 bloody 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 Titus 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 assembled 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 superstition. Wherever the Sovereign, the Peers spiritual and temporal, and the Representatives freely chosen by the constituent 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 assembly, 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 constitution, and yet not competent to pass 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 passed 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. Hale had borne a considerable share in them, and had always maintained that they were strictly legal. Clarendon, little as he was inclined to favour any doctrine derogatory to the rights of the Crown, or to the dignity of that seal of which he was keeper, had declared that, since God had, at a most critical conjuncture, given the nation a good Parliament, it would be the height of folly to look for technical flaws in the instrument by which that Parliament was called together. Would it be pretended by any Tory that the Convention of 1660 had a more respectable origin than the Convention of 1689? Was not a letter written by the first Prince of the Blood, at the request of the whole peerage, and of hundreds of gentlemen who had represented counties and towns, at least as good a warrant as a vote of the Rump?

Weaker reasons than these would have satisfied the Whigs who formed the majority of the Privy Council. The King therefore, on the fifth day after he had been proclaimed, went with royal state to the House of Lords, and took his seat on the throne. The Commons were called in; and he, with many gracious expressions, reminded his hearers of the perilous situation of the country, and exhorted them to take such steps as might prevent unnecessary delay in the transaction of public business. His speech was received by the gentlemen who crowded the bar with the deep hum by which our ancestors were wont to indicate approbation, and which was often heard in places more sacred than the Chamber of the Peers. 32 As soon as he had retired, a Bill declaring the Convention a Parliament was laid on the table of the Lords, and rapidly passed by them. In the Commons the debates were warm. The House resolved itself into a Committee; and so great was the excitement that, when the authority of the Speaker was withdrawn, it was hardly possible to preserve order. Sharp personalities were exchanged. The phrase, "hear him," a phrase which had originally been used only to silence irregular noises, and to remind members of the duty of attending to the discussion, had, during some years, been gradually becoming what it now is; that is to say, a cry indicative, according to the tone, of admiration, acquiescence, indignation, or derision. On this occasion, the Whigs vociferated "Hear, hear," so tumultuously that the Tories complained of unfair usage. Seymour, the leader of the minority, declared that there could be no freedom of debate while such clamour was tolerated. Some old Whig members were provoked into reminding him that the same clamour had occasionally been heard when he presided, and had not then been repressed. Yet, eager and angry as both sides were, the speeches on both sides indicated that profound reverence for law and prescription which has long been characteristic of Englishmen, and which, though it runs sometimes into pedantry and sometimes into superstition, is not without its advantages. Even at that momentous crisis, when the nation was still in the ferment of a revolution, our public men talked long and seriously about all the circumstances of the deposition of Edward the Second and of the deposition of Richard the Second, and anxiously inquired whether the assembly which, with Archbishop Lanfranc at its head, set aside Robert of Normandy, and put William Rufus on the throne, did or did not afterwards continue to act as the legislature of the realm. Much was said about the history of writs; much about the etymology of the word Parliament. It is remarkable, that the orator who took the most statesmanlike view of the subject was old Maynard. In the civil conflicts of fifty eventful years he had learned that questions affecting the highest interests of the commonwealth were not to be decided by verbal cavils and by scraps of Law French and Law Latin; and, being by universal acknowledgment the most subtle and the most learned of English jurists, he could express what he felt without the risk of being accused of ignorance and presumption. He scornfully thrust aside as frivolous and out of place all that blackletter learning, which some men, far less versed in such matters than himself, had introduced into the discussion. "We are," he said, "at this moment out of the beaten path. If therefore we are determined to move only in that path, we cannot move at all. A man in a revolution resolving to do nothing which is not strictly according to established form resembles a man who has lost himself in the wilderness, and who stands crying 'Where is the king's highway? I will walk nowhere but on the king's highway.' In a wilderness a man should take the track which will carry him home. In a revolution we must have recourse to the highest law, the safety of the state." Another veteran Roundhead, Colonel Birch, took the same side, and argued with great force and keenness from the precedent of 1660. Seymour and his supporters were beaten in the Committee, and did not venture to divide the House on the Report. The Bill passed rapidly, and received the royal assent on the tenth day after the accession of William and Mary. 33

The law which turned the Convention into a Parliament contained a clause providing that no person should, after the first of March, sit or vote in either House without taking the oaths to the new King and Queen. This enactment produced great agitation throughout society. The adherents of the exiled dynasty hoped and confidently predicted that the recusants would be numerous. The minority in both Houses, it was said, would be true to the cause of hereditary monarchy. There might be here and there a traitor; but the great body of those who had voted for a Regency would be firm. Only two Bishops at most would recognise the usurpers. Seymour would retire from public life rather than abjure his principles. Grafton had determined to fly to France and to throw himself at the feet of his uncle. With such rumours as these all the coffeehouses of London were filled during the latter part of February. So intense was the public anxiety that, if any man of rank was missed, two days running, at his usual haunts, it was immediately whispered that he had stolen away to Saint Germains. 34

The second of March arrived; and the event quieted the fears of one party, and confounded the hopes of the other. The Primate indeed and several of his suffragans stood obstinately aloof: but three Bishops and seventy-three temporal peers took the oaths. At the next meeting of the Upper House several more prelates came in. Within a week about a hundred Lords had qualified themselves to sit. Others, who were prevented by illness from appearing, sent excuses and professions of attachment to their Majesties. Grafton refuted all the stories which had been circulated about him by coming to be sworn on the first day. Two members of the Ecclesiastical Commission, Mulgrave and Sprat, hastened to make atonement for their fault by plighting their faith to William. Beaufort, who had long been considered as the type of a royalist of the old school, submitted after a very short hesitation. Aylesbury and Dartmouth, though vehement Jacobites, had as little scruple about taking the oath of allegiance as they afterwards had about breaking it. 35 The Hydes took different paths. Rochester complied with the law; but Clarendon proved refractory. Many thought it strange that the brother who had adhered to James till James absconded should be less sturdy than the brother who had been in the Dutch camp. The explanation perhaps is that Rochester would have sacrificed much more than Clarendon by refusing to take the oaths. Clarendon's income did not depend on the pleasure of the Government but Rochester had a pension of four thousand a year, which he could not hope to retain if he refused to acknowledge the new Sovereigns. Indeed, he had so many enemies that, during some months, it seemed doubtful whether he would, on any terms, be suffered to retain the splendid reward which he had earned by persecuting the Whigs and by sitting in the High Commission. He was saved from what would have been a fatal blow to his fortunes by the intercession of Burnet, who had been deeply injured by him, and who revenged himself as became a Christian divine. 36

In the Lower House four hundred members were sworn in on the second of March; and among them was Seymour. The spirit of the Jacobites was broken by his defection; and the minority with very few exceptions followed his example. 37

Before the day fixed for the taking of the oaths, the Commons had begun to discuss a momentous question which admitted of no delay. During the interregnum, William had, as provisional chief of the administration, collected the taxes and applied them to the public service; nor could the propriety of this course be questioned by any person who approved of the Revolution. But the Revolution was now over: the vacancy of the throne had been supplied: the Houses were sitting: the law was in full force; and it became necessary immediately to decide to what revenue the Government was entitled.