The History of England, from the Accession of James II — Volume 4

He was thanked in affectionate terms; the force which he asked was voted; and large supplies were granted with little difficulty. But when the Ways and Means were taken into consideration, symptoms of discontent began to appear. Eighteen months before, when the Commons had been employed in settling the Civil List, many members had shown a very natural disposition to complain of the amount of the salaries and fees received by official men. Keen speeches had been made, and, what was much less usual, had been printed; there had been much excitement out of doors; but nothing had been done. The subject was now revived. A report made by the Commissioners who had been appointed in the preceding year to examine the public accounts disclosed some facts which excited indignation, and others which raised grave suspicion. The House seemed fully determined to make an extensive reform; and, in truth, nothing could have averted such a reform except the folly and violence of the reformers. That they should have been angry is indeed not strange. The enormous gains, direct and indirect, of the servants of the public went on increasing, while the gains of every body else were diminishing. Rents were falling; trade was languishing; every man who lived either on what his ancestors had left him or on the fruits of his own industry was forced to retrench. The placeman alone throve amidst the general distress. "Look," cried the incensed squires, "at the Comptroller of the Customs. Ten years ago, he walked, and we rode. Our incomes have been curtailed; his salary has been doubled; we have sold our horses; he has bought them; and now we go on foot, and are splashed by his coach and six." Lowther vainly endeavoured to stand up against the storm. He was heard with little favour by the country gentlemen who had not long before looked up to him as one of their leaders. He had left them; he had become a courtier; he had two good places, one in the Treasury, the other in the household. He had recently received from the King's own hand a gratuity of two thousand guineas. 147 It seemed perfectly natural that he should defend abuses by which he profited. The taunts and reproaches with which he was assailed were insupportable to his sensitive nature. He lost his head, almost fainted away on the floor of the House, and talked about righting himself in another place. 148 Unfortunately no member rose at this conjuncture to propose that the civil establishment of the kingdom should be carefully revised, that sinecures should be abolished, that exorbitant official incomes should be reduced, and that no servant of the State should be allowed to exact, under any pretence, any thing beyond his known and lawful remuneration. In this way it would have been possible to diminish the public burdens, and at the same time to increase the efficiency of every public department. But unfortunately those who were loudest in clamouring against the prevailing abuses were utterly destitute of the qualities necessary for the work of reform. On the twelfth of December, some foolish man, whose name has not come down to us, moved that no person employed in any civil office, the Speaker, Judges and Ambassadors excepted, should receive more than five hundred pounds a year; and this motion was not only carried, but carried without one dissentient voice. 149

Those who were most interested in opposing it doubtless saw that opposition would, at that moment, only irritate the majority, and reserved themselves for a more favourable time. The more favourable time soon came. No man of common sense could, when his blood had cooled, remember without shame that he had voted for a resolution which made no distinction between sinecurists and laborious public servants, between clerks employed in copying letters and ministers on whose wisdom and integrity the fate of the nation might depend. The salary of the Doorkeeper of the Excise Office had been, by a scandalous job, raised to five hundred a year. It ought to have been reduced to fifty. On the other hand, the services of a Secretary of State who was well qualified for his post would have been cheap at five thousand. If the resolution of the Commons bad been carried into effect, both the salary which ought not to have exceeded fifty pounds, and the salary which might without impropriety have amounted to five thousand, would have been fixed at five hundred. Such absurdity must have shocked even the roughest and plainest foxhunter in the House. A reaction took place; and when, after an interval of a few weeks, it was proposed to insert in a bill of supply a clause in conformity with the resolution of the twelfth of December, the Noes were loud; the Speaker was of opinion that they had it; the Ayes did not venture to dispute his opinion; the senseless plan which had been approved without a division was rejected without a division; and the subject was not again mentioned. Thus a grievance so scandalous that none of those who profited by it dared to defend it was perpetuated merely by the imbecility and intemperance of those who attacked it. 150

Early in the Session the Treaty of Limerick became the subject of a grave and earnest discussion. The Commons, in the exercise of that supreme power which the English legislature possessed over all the dependencies of England, sent up to the Lords a bill providing that no person should sit in the Irish Parliament, should hold any Irish office, civil, military or ecclesiastical, or should practise law or medicine in Ireland, till he had taken the Oaths of Allegiance and Supremacy, and subscribed the Declaration against Transubstantiation. The Lords were not more inclined than the Commons to favour the Irish. No peer was disposed to entrust Roman Catholics with political power. Nay, it seems that no peer objected to the principle of the absurd and cruel rule which excluded Roman Catholics from the liberal professions. But it was thought that this rule, though unobjectionable in principle, would, if adopted without some exceptions, be a breach of a positive compact. Their Lordships called for the Treaty of Limerick, ordered it to be read at the table, and proceeded to consider whether the law framed by the Lower House was consistent with the engagements into which the government had entered. One discrepancy was noticed. It was stipulated by the second civil article, that every person actually residing in any fortress occupied by an Irish garrison, should be permitted, on taking the Oath of Allegiance, to resume any calling which he had exercised before the Revolution. It would, beyond all doubt, have been a violation of this covenant to require that a lawyer or a physician, who had been within the walls of Limerick during the siege, should take the Oath of Supremacy and subscribe the Declaration against Transubstantiation, before he could receive fees. Holt was consulted, and was directed to prepare clauses in conformity with the terms of the capitulation.

The bill, as amended by Holt, was sent back to the Commons. They at first rejected the amendment, and demanded a conference. The conference was granted. Rochester, in the Painted Chamber, delivered to the managers of the Lower House a copy of the Treaty of Limerick, and earnestly represented the importance of preserving the public faith inviolate. This appeal was one which no honest man, though inflamed by national and religious animosity, could resist. The Commons reconsidered the subject, and, after hearing the Treaty read, agreed, with some slight modifications, to what the Lords had proposed. 151

The bill became a law. It attracted, at the time, little notice, but was, after the lapse of several generations, the subject of a very acrimonious controversy. Many of us can well remember how strongly the public mind was stirred, in the days of George the Third and George the Fourth, by the question whether Roman Catholics should be permitted to sit in Parliament. It may be doubted whether any dispute has produced stranger perversions of history. The whole past was falsified for the sake of the present. All the great events of three centuries long appeared to us distorted and discoloured by a mist sprung from our own theories and our own passions. Some friends of religious liberty, not content with the advantage which they possessed in the fair conflict of reason with reason, weakened their case by maintaining that the law which excluded Irish Roman Catholics from Parliament was inconsistent with the civil Treaty of Limerick. The First article of that Treaty, it was said, guaranteed to the Irish Roman Catholic such privileges in the exercise of his religion as he had enjoyed in the time of Charles the Second. In the time of Charles the Second no test excluded Roman Catholics from the Irish Parliament. Such a test could not therefore, it was argued, be imposed without a breach of public faith. In the year 1828, especially, this argument was put forward in the House of Commons as if it had been the main strength of a cause which stood in need of no such support. The champions of Protestant ascendency were well pleased to see the debate diverted from a political question about which they were in the wrong, to a historical question about which they were in the right. They had no difficulty in proving that the first article, as understood by all the contracting parties, meant only that the Roman Catholic worship should be tolerated as in time past. That article was drawn up by Ginkell; and, just before he drew it up, he had declared that he would rather try the chance of arms than consent that Irish Papists should be capable of holding civil and military offices, of exercising liberal professions, and of becoming members of municipal corporations. How is it possible to believe that he would, of his own accord, have promised that the House of Lords and the House of Commons should be open to men to whom he would not open a guild of skinners or a guild of cordwainers? How, again, is it possible to believe that the English Peers would, while professing the most punctilious respect for public faith, while lecturing the Commons on the duty of observing public faith, while taking counsel with the most learned and upright jurist of the age as to the best mode of maintaining public faith, have committed a flagrant violation of public faith and that not a single lord should have been so honest or so factious as to protest against an act of monstrous perfidy aggravated by hypocrisy? Or, if we could believe this, how can we believe that no voice would have been raised in any part of the world against such wickedness; that the Court of Saint Germains and the Court of Versailles would have remained profoundly silent; that no Irish exile, no English malecontent, would have uttered a murmur; that not a word of invective or sarcasm on so inviting a subject would have been found in the whole compass of the Jacobite literature; and that it would have been reserved for politicians of the nineteenth century to discover that a treaty made in the seventeenth century had, a few weeks after it had been signed, been outrageously violated in the sight of all Europe? 152

On the same day on which the Commons read for the first time the bill which subjected Ireland to the absolute dominion of the Protestant minority, they took into consideration another matter of high importance. Throughout the country, but especially in the capital, in the seaports and in the manufacturing towns, the minds of men were greatly excited on the subject of the trade with the East Indies; a fierce paper war had during some time been raging; and several grave questions, both constitutional and commercial, had been raised, which the legislature only could decide.

It has often been repeated, and ought never to be forgotten, that our polity differs widely from those politics which have, during the last eighty years, been methodically constructed, digested into articles, and ratified by constituent assemblies. It grew up in a rude age. It is not to be found entire in any formal instrument. All along the line which separates the functions of the prince from those of the legislator there was long a disputed territory. Encroachments were perpetually committed, and, if not very outrageous, were often tolerated. Trespass, merely as trespass, was commonly suffered to pass unresented. It was only when the trespass produced some positive damage that the aggrieved party stood on his right, and demanded that the frontier should be set out by metes and bounds, and that the landmarks should thenceforward be punctiliously respected.

Many of those points which had occasioned the most violent disputes between our Sovereigns and their Parliaments had been finally decided by the Bill of Rights. But one question, scarcely less important than any of the questions which had been set at rest for ever, was still undetermined. Indeed, that question was never, as far as can now be ascertained, even mentioned in the Convention. The King had undoubtedly, by the ancient laws of the realm, large powers for the regulation of trade; but the ablest judge would have found it difficult to say what was the precise extent of those powers. It was universally acknowledged that it belonged to the King to prescribe weights and measures, and to coin money; that no fair or market could be held without authority from him; that no ship could unload in any bay or estuary which he had not declared to be a port. In addition to his undoubted right to grant special commercial privileges to particular places, he long claimed a right to grant special commercial privileges to particular societies and to particular individuals; and our ancestors, as usual, did not think it worth their while to dispute this claim, till it produced serious inconvenience. At length, in the reign of Elizabeth, the power of creating monopolies began to be grossly abused; and, as soon as it began to be grossly abused, it began to be questioned. The Queen wisely declined a conflict with a House of Commons backed by the whole nation. She frankly acknowledged that there was reason for complaint; she cancelled the patents which had excited the public clamours; and her people, delighted by this concession, and by the gracious manner in which it had been made, did not require from her an express renunciation of the disputed prerogative.

The discontents which her wisdom had appeased were revived by the dishonest and pusillanimous policy which her successor called Kingcraft. He readily granted oppressive patents of monopoly. When he needed the help of his Parliament, he as readily annulled them. As soon as the Parliament had ceased to sit, his Great Seal was put to instruments more odious than those which he had recently cancelled. At length that excellent House of Commons which met in 1623 determined to apply a strong remedy to the evil. The King was forced to give his assent to a law which declared monopolies established by royal authority to be null and void. Some exceptions, however, were made, and, unfortunately, were not very clearly defined. It was especially provided that every Society of Merchants which had been instituted for the purpose of carrying on any trade should retain all its legal privileges. 153 The question whether a monopoly granted by the Crown to such a company were or were not a legal privilege was left unsettled, and continued to exercise, during many years, the ingenuity of lawyers. 154 The nation, however, relieved at once from a multitude of impositions and vexations which were painfully felt every day at every fireside, was in no humour to dispute the validity of the charters under which a few companies to London traded with distant parts of the world.

Of these companies by far the most important was that which had been, on the last day of the sixteenth century, incorporated by Queen Elizabeth under the name of the Governor and Company of Merchants of London trading to the East Indies. When this celebrated body began to exist, the Mogul monarchy was at the zenith of power and glory. Akbar, the ablest and best of the princes of the House of Tamerlane, had just been borne, full of years and honours, to a mausoleum surpassing in magnificence any that Europe could show. He had bequeathed to his posterity an empire containing more than twenty times the population and yielding more than twenty times the revenue of the England which, under our great Queen, held a foremost place among European powers. It is curious and interesting to consider how little the two countries, destined to be one day so closely connected, were then known to each other. The most enlightened Englishmen looked on India with ignorant admiration. The most enlightened natives of India were scarcely aware that England existed. Our ancestors had a dim notion of endless bazaars, swarming with buyers and sellers, and blazing with cloth of gold, with variegated silks and with precious stones; of treasuries where diamonds were piled in heaps and sequins in mountains; of palaces, compared with which Whitehall and Hampton Court were hovels; of armies ten times as numerous as that which they had seen assembled at Tilbury to repel the Armada. On the other hand, it was probably not known to one of the statesmen in the Durbar of Agra that there was near the setting sun a great city of infidels, called London, where a woman reigned, and that she had given to an association of Frank merchants the exclusive privilege of freighting ships from her dominions to the Indian seas. That this association would one day rule all India, from the ocean to the everlasting snow, would reduce to profound obedience great provinces which had never submitted to Akbar's authority, would send Lieutenant Governors to preside in his capital, and would dole out a monthly pension to his heir, would have seemed to the wisest of European or of Oriental politicians as impossible as that inhabitants of our globe should found an empire in Venus or Jupiter.

Three generations passed away; and still nothing indicated that the East India Company would ever become a great Asiatic potentate. The Mogul empire, though undermined by internal causes of decay, and tottering to its fall, still presented to distant nations the appearance of undiminished prosperity and vigour. Aurengzebe, who, in the same month in which Oliver Cromwell died, assumed the magnificent title of Conqueror of the World, continued to reign till Anne had been long on the English throne. He was the sovereign of a larger territory than had obeyed any of his predecessors. His name was great in the farthest regions of the West. Here he had been made by Dryden the hero of a tragedy which would alone suffice to show how little the English of that age knew about the vast empire which their grandchildren were to conquer and to govern. The poet's Mussulman princes make love in the style of Amadis, preach about the death of Socrates, and embellish their discourse with allusions to the mythological stories of Ovid. The Brahminical metempyschosis is represented as an article of the Mussulman creed; and the Mussulman Sultanas burn themselves with their husbands after the Brahminical fashion. This drama, once rapturously applauded by crowded theatres, and known by heart to fine gentlemen and fine ladies, is now forgotten. But one noble passage still lives, and is repeated by thousands who know not whence it comes. 155

Though nothing yet indicated the high political destiny of the East India Company, that body had a great sway in the City of London. The offices, which stood on a very small part of the ground which the present offices cover, had escaped the ravages of the fire. The India House of those days was a building of timber and plaster, rich with the quaint carving and lattice-work of the Elizabethan age. Above the windows was a painting which represented a fleet of merchantmen tossing on the waves. The whole edifice was surmounted by a colossal wooden seaman, who, from between two dolphins, looked down on the crowds of Leadenhall Street. 156 In this abode, narrow and humble indeed when compared with the vast labyrinth of passages and chambers which now bears the same name, the Company enjoyed, during the greater part of the reign of Charles the Second, a prosperity to which the history of trade scarcely furnishes any parallel, and which excited the wonder, the cupidity and the envious animosity of the whole capital. Wealth and luxury were then rapidly increasing. The taste for the spices, the tissues and the jewels of the East became stronger day by day. Tea, which, at the time when Monk brought the army of Scotland to London, had been handed round to be stared at and just touched with the lips, as a great rarity from China, was, eight years later, a regular article of import, and was soon consumed in such quantities that financiers began to consider it as a fit subject for taxation. The progress which was making in the art of war had created an unprecedented demand for the ingredients of which gunpowder is compounded. It was calculated that all Europe would hardly produce in a year saltpetre enough for the siege of one town fortified on the principles of Vauban. 157 But for the supplies from India, it was said, the English government would be unable to equip a fleet without digging up the cellars of London in order to collect the nitrous particles from the walls. 158 Before the Restoration scarcely one ship from the Thames had ever visited the Delta of the Ganges. But, during the twenty-three years which followed the Restoration, the value of the annual imports from that rich and populous district increased from eight thousand pounds to three hundred thousand.

The gains of the body which had the exclusive possession of this fast growing trade were almost incredible. The capital which had been actually paid up did not exceed three hundred and seventy thousand pounds; but the Company could, without difficulty, borrow money at six per cent., and the borrowed money, thrown into the trade, produced, it was rumoured, thirty per cent. The profits were such that, in 1676, every proprietor received as a bonus a quantity of stock equal to that which he held. On the capital, thus doubled, were paid, during five years, dividends amounting on an average to twenty per cent. annually. There had been a time when a hundred pounds of the stock could be purchased for sixty. Even in 1664 the price in the market was only seventy. But in 1677 the price had risen to two hundred and forty-five; in 1681 it was three hundred; it subsequently rose to three hundred and sixty; and it is said that some sales were effected at five hundred. 159

The enormous gains of the Indian trade might perhaps have excited little murmuring if they had been distributed among numerous proprietors. But while the value of the stock went on increasing, the number of stockholders went on diminishing. At the time when the prosperity of the Company reached the highest point, the management was entirely in the hands of a few merchants of enormous wealth. A proprietor then had a vote for every five hundred pounds of stock that stood in his name. It is asserted in the pamphlets of that age that five persons had a sixth part, and fourteen persons a third part of the votes. 160 More than one fortunate speculator was said to derive an annual income of ten thousand pounds from the monopoly; and one great man was pointed out on the Royal Exchange as having, by judicious or lucky purchases of stock, created in no long time an estate of twenty thousand a year. This commercial grandee, who in wealth and in the influence which attends wealth vied with the greatest nobles of his time, was Sir Josiah Child. There were those who still remembered him an apprentice, sweeping one of the counting houses of the City. But from a humble position his abilities had raised him rapidly to opulence, power and fame. At the time of the Restoration he was highly considered in the mercantile world. Soon after that event he published his thoughts on the philosophy of trade. His speculations were not always sound; but they were the speculations of an ingenious and reflecting man. Into whatever errors he may occasionally have fallen as a theorist, it is certain that, as a practical man of business, he had few equals. Almost as soon as he became a member of the committee which directed the affairs of the Company, his ascendency was felt. Soon many of the most important posts, both in Leadenhall Street and in the factories of Bombay and Bengal, were filled by his kinsmen and creatures. His riches, though expended with ostentatious profusion, continued to increase and multiply. He obtained a baronetcy; he purchased a stately seat at Wanstead; and there he laid out immense sums in excavating fishponds, and in planting whole square miles of barren land with walnut trees. He married his daughter to the eldest son of the Duke of Beaufort, and paid down with her a portion of fifty thousand pounds. 161