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

Nobody denied that all the lands and hereditaments of the Crown had passed with the Crown to the new Sovereigns. Nobody denied that all duties which had been granted to the Crown for a fixed term of years might be constitutionally exacted till that term should expire. But large revenues had been settled by Parliament on James for life; and whether what had been settled on James for life could, while he lived, be claimed by William and Mary, was a question about which opinions were divided.

Holt, Treby, Pollexfen, indeed all the eminent Whig lawyers, Somers excepted, held that these revenues had been granted to the late King, in his political capacity, but for his natural life, and ought therefore, as long as he continued to drag on his existence in a strange land, to be paid to William and Mary. It appears from a very concise and unconnected report of the debate that Somers dissented from this doctrine. His opinion was that, if the Act of Parliament which had imposed the duties in question was to be construed according to the spirit, the word life must be understood to mean reign, and that therefore the term for which the grant had been made had expired. This was surely the sound opinion: for it was plainly irrational to treat the interest of James in this grant as at once a thing annexed to his person and a thing annexed to his office; to say in one breath that the merchants of London and Bristol must pay money because he was naturally alive, and that his successors must receive that money because he was politically defunct. The House was decidedly with Somers. The members generally were bent on effecting a great reform, without which it was felt that the Declaration of Rights would be but an imperfect guarantee for public liberty. During the conflict which fifteen successive Parliaments had maintained against four successive Kings, the chief weapon of the Commons had been the power of the purse; and never had the representatives of the people been induced to surrender that weapon without having speedy cause to repent of their too credulous loyalty. In that season of tumultuous joy which followed the Restoration, a large revenue for life had been almost by acclamation granted to Charles the Second. A few months later there was scarcely a respectable Cavalier in the kingdom who did not own that the stewards of the nation would have acted more wisely if they had kept in their hands the means of checking the abuses which disgraced every department of the government. James the Second had obtained from his submissive Parliament, without a dissentient voice, an income sufficient to defray the ordinary expenses of the state during his life; and, before he had enjoyed that income half a year, the great majority of those who had dealt thus liberally with him blamed themselves severely for their liberality. If experience was to be trusted, a long and painful experience, there could be no effectual security against maladministration, unless the Sovereign were under the necessity of recurring frequently to his Great Council for pecuniary aid. Almost all honest and enlightened men were therefore agreed in thinking that a part at least of the supplies ought to be granted only for short terms. And what time could be fitter for the introduction of this new practice than the year 1689, the commencement of a new reign, of a new dynasty, of a new era of constitutional government? The feeling on this subject was so strong and general that the dissentient minority gave way. No formal resolution was passed; but the House proceeded to act on the supposition that the grants which had been made to James for life had been annulled by his abdication. 38

It was impossible to make a new settlement of the revenue without inquiry and deliberation. The Exchequer was ordered to furnish such returns as might enable the House to form estimates of the public expenditure and income. In the meantime, liberal provision was made for the immediate exigencies of the state. An extraordinary aid, to be raised by direct monthly assessment, was voted to the King. An Act was passed indemnifying all who had, since his landing, collected by his authority the duties settled on James; and those duties which had expired were continued for some months.

Along William's whole line of march, from Torbay to London, he had been importuned by the common people to relieve them from the intolerable burden of the hearth money. In truth, that tax seems to have united all the worst evils which can be imputed to any tax. It was unequal, and unequal in the most pernicious way: for it pressed heavily on the poor, and lightly on the rich. A peasant, all whose property was not worth twenty pounds, was charged ten shillings. The Duke of Ormond, or the Duke of Newcastle, whose estates were worth half a million, paid only four or five pounds. The collectors were empowered to examine the interior of every house in the realm, to disturb families at meals, to force the doors of bedrooms, and, if the sum demanded were not punctually paid, to sell the trencher on which the barley loaf was divided among the poor children, and the pillow from under the head of the lying-in woman. Nor could the Treasury effectually restrain the chimneyman from using his powers with harshness: for the tax was farmed; and the government was consequently forced to connive at outrages and exactions such as have, in every age made the name of publican a proverb for all that is most hateful.

William had been so much moved by what he had heard of these grievances that, at one of the earliest sittings of the Privy Council, he introduced the subject. He sent a message requesting the House of Commons to consider whether better regulations would effectually prevent the abuses which had excited so much discontent. He added that he would willingly consent to the entire abolition of the tax if it should appear that the tax and the abuses were inseparable. 39 This communication was received with loud applause. There were indeed some financiers of the old school who muttered that tenderness for the poor was a fine thing; but that no part of the revenue of the state came in so exactly to the day as the hearth money; that the goldsmiths of the City could not always be induced to lend on the security of the next quarter's customs or excise, but that on an assignment of hearth money there was no difficulty in obtaining advances. In the House of Commons, those who thought thus did not venture to raise their voices in opposition to the general feeling. But in the Lords there was a conflict of which the event for a time seemed doubtful. At length the influence of the Court, strenuously exerted, carried an Act by which the chimney tax was declared a badge of slavery, and was, with many expressions of gratitude to the King, abolished for ever. 40

The Commons granted, with little dispute, and without a division, six hundred thousand pounds for the purpose of repaying to the United Provinces the charges of the expedition which had delivered England. The facility with which this large sum was voted to a shrewd, diligent and thrifty people, our allies, indeed, politically, but commercially our most formidable rivals, excited some murmurs out of doors, and was, during many years, a favourite subject of sarcasm with Tory pamphleteers. 41 The liberality of the House admits however of an easy explanation. On the very day on which the subject was under consideration, alarming news arrived at Westminster, and convinced many, who would at another time have been disposed to scrutinise severely any account sent in by the Dutch, that our country could not yet dispense with the services of the foreign troops.

France had declared war against the States General; and the States General had consequently demanded from the King of England those succours which he was bound by the treaty of Nimeguen to furnish. 42 He had ordered some battalions to march to Harwich, that they might be in readiness to cross to the Continent. The old soldiers of James were generally in a very bad temper; and this order did not produce a soothing effect. The discontent was greatest in the regiment which now ranks as first of the line. Though borne on the English establishment, that regiment, from the time when it first fought under the great Gustavus, had been almost exclusively composed of Scotchmen; and Scotchmen have never, in any region to which their adventurous and aspiring temper has led them, failed to note and to resent every slight offered to Scotland. Officers and men muttered that a vote of a foreign assembly was nothing to them. If they could be absolved from their allegiance to King James the Seventh, it must be by the Estates at Edinburgh, and not by the Convention at Westminster. Their ill humour increased when they heard that Schomberg had been appointed their colonel. They ought perhaps to have thought it an honour to be called by the name of the greatest soldier in Europe. But, brave and skilful as he was, he was not their countryman: and their regiment, during the fifty-six years which had elapsed since it gained its first honourable distinctions in Germany, had never been commanded but by a Hepburn or a Douglas. While they were in this angry and punctilious mood, they were ordered to join the forces which were assembling at Harwich. There was much murmuring; but there was no outbreak till the regiment arrived at Ipswich. There the signal of revolt was given by two captains who were zealous for the exiled King. The market place was soon filled with pikemen and musketeers running to and fro. Gunshots were wildly fired in all directions. Those officers who attempted to restrain the rioters were overpowered and disarmed. At length the chiefs of the insurrection established some order, and marched out of Ipswich at the head of their adherents. The little army consisted of about eight hundred men. They had seized four pieces of cannon, and had taken possession of the military chest, which contained a considerable sum of money. At the distance of half a mile from the town a halt was called: a general consultation was held; and the mutineers resolved that they would hasten back to their native country, and would live and die with their rightful King. They instantly proceeded northward by forced marches. 43

When the news reached London the dismay was great. It was rumoured that alarming symptoms had appeared in other regiments, and particularly that a body of fusileers which lay at Harwich was likely to imitate the example set at Ipswich. "If these Scots," said Halifax to Reresby, "are unsupported, they are lost. But if they have acted in concert with others, the danger is serious indeed." 44 The truth seems to be that there was a conspiracy which had ramifications in many parts of the army, but that the conspirators were awed by the firmness of the government and of the Parliament. A committee of the Privy Council was sitting when the tidings of the mutiny arrived in London. William Harbord, who represented the borough of Launceston, was at the board. His colleagues entreated him to go down instantly to the House of Commons, and to relate what had happened. He went, rose in his place, and told his story. The spirit of the assembly rose to the occasion. Howe was the first to call for vigorous action. "Address the King," he said, "to send his Dutch troops after these men. I know not who else can be trusted." "This is no jesting matter," said old Birch, who had been a colonel in the service of the Parliament, and had seen the most powerful and renowned House of Commons that ever sate twice purged and twice expelled by its own soldiers; "if you let this evil spread, you will have an army upon you in a few days. Address the King to send horse and foot instantly, his own men, men whom he can trust, and to put these people down at once." The men of the long robe caught the flame. "It is not the learning of my profession that is needed here," said Treby. "What is now to be done is to meet force with force, and to maintain in the field what we have done in the senate." "Write to the Sheriffs," said Colonel Mildmay, member for Essex. "Raise the militia. There are a hundred and fifty thousand of them: they are good Englishmen: they will not fail you." It was resolved that all members of the House who held commissions in the army should be dispensed from parliamentary attendance, in order that they might repair instantly to their military posts. An address was unanimously voted requesting the King to take effectual steps for the suppression of the rebellion, and to put forth a proclamation denouncing public vengeance on the rebels. One gentleman hinted that it might be well to advise his Majesty to offer a pardon to those who should peaceably submit: but the House wisely rejected the suggestion. "This is no time," it was well said, "for any thing that looks like fear." The address was instantly sent up to the Lords. The Lords concurred in it. Two peers, two knights of shires, and two burgesses were sent with it to Court. William received them graciously, and informed them that he had already given the necessary orders. In fact, several regiments of horse and dragoons had been sent northward under the command of Ginkell, one of the bravest and ablest officers of the Dutch army. 45

Meanwhile the mutineers were hastening across the country which lies between Cambridge and the Wash. Their road lay through a vast and desolate fen, saturated with all the moisture of thirteen counties, and overhung during the greater part of the year by a low grey mist, high above which rose, visible many miles, the magnificent tower of Ely. In that dreary region, covered by vast flights of wild fowl, a half savage population, known by the name of the Breedlings, then led an amphibious life, sometimes wading, and sometimes rowing, from one islet of firm ground to another. 46 The roads were amongst the worst in the island, and, as soon as rumour announced the approach of the rebels, were studiously made worse by the country people. Bridges were broken down. Trees were laid across the highways to obstruct the progress of the cannon. Nevertheless the Scotch veterans not only pushed forward with great speed, but succeeded in carrying their artillery with them. They entered Lincolnshire, and were not far from Sleaford, when they learned that Ginkell with an irresistible force was close on their track. Victory and escape were equally out of the question. The bravest warriors could not contend against fourfold odds. The most active infantry could not outrun horsemen. Yet the leaders, probably despairing of pardon, urged the men to try the chance of battle. In that region, a spot almost surrounded by swamps and pools was without difficulty found. Here the insurgents were drawn up; and the cannon were planted at the only point which was thought not to be sufficiently protected by natural defences. Ginkell ordered the attack to be made at a place which was out of the range of the guns; and his dragoons dashed gallantly into the water, though it was so deep that their horses were forced to swim. Then the mutineers lost heart. They beat a parley, surrendered at discretion, and were brought up to London under a strong guard. Their lives were forfeit: for they had been guilty, not merely of mutiny, which was then not a legal crime, but of levying war against the King. William, however, with politic clemency, abstained from shedding the blood even of the most culpable. A few of the ringleaders were brought to trial at the next Bury assizes, and were convicted of high treason; but their lives were spared. The rest were merely ordered to return to their duty. The regiment, lately so refractory, went submissively to the Continent, and there, through many hard campaigns, distinguished itself by fidelity, by discipline, and by valour. 47

This event facilitated an important change in our polity, a change which, it is true, could not have been long delayed, but which would not have been easily accomplished except at a moment of extreme danger. The time had at length arrived at which it was necessary to make a legal distinction between the soldier and the citizen. Under the Plantagenets and the Tudors there had been no standing army. The standing army which had existed under the last kings of the House of Stuart had been regarded by every party in the state with strong and not unreasonable aversion. The common law gave the Sovereign no power to control his troops. The Parliament, regarding them as mere tools of tyranny, had not been disposed to give such power by statute. James indeed had induced his corrupt and servile judges to put on some obsolete laws a construction which enabled him to punish desertion capitally. But this construction was considered by all respectable jurists as unsound, and, had it been sound, would have been far from effecting all that was necessary for the purpose of maintaining military discipline. Even James did not venture to inflict death by sentence of a court martial. The deserter was treated as an ordinary felon, was tried at the assizes by a petty jury on a bill found by a grand jury, and was at liberty to avail himself of any technical flaw which might be discovered in the indictment.

The Revolution, by altering the relative position of the prince and the parliament, had altered also the relative position of the army and the nation. The King and the Commons were now at unity; and both were alike menaced by the greatest military power which had existed in Europe since the downfall of the Roman empire. In a few weeks thirty thousand veterans, accustomed to conquer, and led by able and experienced captains, might cross from the ports of Normandy and Brittany to our shores. That such a force would with little difficulty scatter three times that number of militia, no man well acquainted with war could doubt. There must then be regular soldiers; and, if there were to be regular soldiers, it must be indispensable, both to their efficiency, and to the security of every other class, that they should be kept under a strict discipline. An ill disciplined army has ever been a more costly and a more licentious militia, impotent against a foreign enemy, and formidable only to the country which it is paid to defend. A strong line of demarcation must therefore be drawn between the soldiers and the rest of the community. For the sake of public freedom, they must, in the midst of freedom, be placed under a despotic rule. They must be subject to a sharper penal code, and to a more stringent code of procedure, than are administered by the ordinary tribunals. Some acts which in the citizen are innocent must in the soldier be crimes. Some acts which in the citizen are punished with fine or imprisonment must in the soldier be punished with death. The machinery by which courts of law ascertain the guilt or innocence of an accused citizen is too slow and too intricate to be applied to an accused soldier. For, of all the maladies incident to the body politic, military insubordination is that which requires the most prompt and drastic remedies. If the evil be not stopped as soon as it appears, it is certain to spread; and it cannot spread far without danger to the very vitals of the commonwealth. For the general safety, therefore, a summary jurisdiction of terrible extent must, in camps, be entrusted to rude tribunals composed of men of the sword.

But, though it was certain that the country could not at that moment be secure without professional soldiers, and equally certain that professional soldiers must be worse than useless unless they were placed under a rule more arbitrary and severe than that to which other men were subject, it was not without great misgivings that a House of Commons could venture to recognise the existence and to make provision for the government of a standing army. There was scarcely a public man of note who had not often avowed his conviction that our polity and a standing army could not exist together. The Whigs had been in the constant habit of repeating that standing armies had destroyed the free institutions of the neighbouring nations. The Tories had repeated as constantly that, in our own island, a standing army had subverted the Church, oppressed the gentry, and murdered the King. No leader of either party could, without laying himself open to the charge of gross inconsistency, propose that such an army should henceforth be one of the permanent establishments of the realm. The mutiny at Ipswich, and the panic which that mutiny produced, made it easy to effect what would otherwise have been in the highest degree difficult. A short bill was brought in which began by declaring, in explicit terms, that standing armies and courts martial were unknown to the law of England. It was then enacted that, on account of the extreme perils impending at that moment over the state, no man mustered on pay in the service of the crown should, on pain of death, or of such lighter punishment as a court martial should deem sufficient, desert his colours or mutiny against his commanding officers. This statute was to be in force only six months; and many of those who voted for it probably believed that it would, at the close of that period, be suffered to expire. The bill passed rapidly and easily. Not a single division was taken upon it in the House of Commons. A mitigating clause indeed, which illustrates somewhat curiously the manners of that age, was added by way of rider after the third reading. This clause provided that no court martial should pass sentence of death except between the hours of six in the morning and one in the afternoon. The dinner hour was then early; and it was but too probable that a gentleman who had dined would be in a state in which he could not safely be trusted with the lives of his fellow creatures. With this amendment, the first and most concise of our many Mutiny Bills was sent up to the Lords, and was, in a few hours, hurried by them through all its stages and passed by the King. 48

Thus was made, without one dissentient voice in Parliament, without one murmur in the nation, the first step towards a change which had become necessary to the safety of the state, yet which every party in the state then regarded with extreme dread and aversion. Six months passed; and still the public danger continued. The power necessary to the maintenance of military discipline was a second time entrusted to the crown for a short term. The trust again expired, and was again renewed. By slow degrees familiarity reconciled the public mind to the names, once so odious, of standing army and court martial. It was proved by experience that, in a well constituted society, professional soldiers may be terrible to a foreign enemy, and yet submissive to the civil power. What had been at first tolerated as the exception began to be considered as the rule. Not a session passed without a Mutiny Bill. When at length it became evident that a political change of the highest importance was taking place in such a manner as almost to escape notice, a clamour was raised by some factious men desirous to weaken the hands of the government, and by some respectable men who felt an honest but injudicious reverence for every old constitutional tradition, and who were unable to understand that what at one stage in the progress of society is pernicious may at another stage be indispensable. This clamour however, as years rolled on, became fainter and fainter. The debate which recurred every spring on the Mutiny Bill came to be regarded merely as an occasion on which hopeful young orators fresh from Christchurch were to deliver maiden speeches, setting forth how the guards of Pisistratus seized the citadel of Athens, and how the Praetorian cohorts sold the Roman empire to Didius. At length these declamations became too ridiculous to be repeated. The most oldfashioned, the most eccentric, politician could hardly, in the reign of George the Third, contend that there ought to be no regular soldiers, or that the ordinary law, administered by the ordinary courts, would effectually maintain discipline among such soldiers. All parties being agreed as to the general principle, a long succession of Mutiny Bills passed without any discussion, except when some particular article of the military code appeared to require amendment. It is perhaps because the army became thus gradually, and almost imperceptibly, one of the institutions of England, that it has acted in such perfect harmony with all her other institutions, has never once, during a hundred and sixty years, been untrue to the throne or disobedient to the law, has never once defied the tribunals or overawed the constituent bodies. To this day, however, the Estates of the Realm continue to set up periodically, with laudable jealousy, a landmark on the frontier which was traced at the time of the Revolution. They solemnly reassert every year the doctrine laid down in the Declaration of Rights; and they then grant to the Sovereign an extraordinary power to govern a certain number of soldiers according to certain rules during twelve months more.