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

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The House resolved itself into a Committee; and so great was the excitement that, when the authority of the Speaker was withdrawn, it was hardly possible to preserve order.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.

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.