The History of England, from the Accession of James the Second - Volume 4 by Thomas Babington Macaulay (well read books txt) π
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was a solemn manifesto signed by the two Archbishops and by all the Bishops who were then in London, twelve in number. Even Crewe of Durham and Sprat of Rochester set their names to this document. They condemned the proceedings of the three nonjuring divines, as in form irregular and in substance impious. To remit the sins of impenitent sinners was a profane abuse of the power which Christ had delegated to his ministers. It was not denied that Parkyns had planned an assassination. It was not pretended that he had professed any repentance for planning an assassination. The plain inference was that the divines who absolved him did not think it sinful to assassinate King William. Collier rejoined; but, though a pugnacious controversialist, he on this occasion shrank from close conflict, and made his escape as well as he could under a cloud of quotations from Tertullian, Cyprian and Jerome, Albaspinaeus and Hammond, the Council of Carthage and the Council of Toledo. The public feeling was strongly against the three absolvers. The government however wisely determined not to confer on them the honour of martyrdom. A bill was found against them by the grand jury of Middlesex; but they were not brought to trial. Cook and Snatt were set at liberty after a short detention; and Collier would have been treated with equal lenity if he would have consented to put in bail. But he was determined to do no act which could be construed into a recognition of the usurping government. He was therefore outlawed; and when he died, more than thirty years later, his outlawry had not been reversed.683
Parkyns was the last Englishman who was tried for high treason under the old system of procedure. The first who was tried under the new system was Rockwood. He was defended by Sir Bartholomew Shower, who in the preceding reign had made himself unenviably conspicuous as a servile and cruel sycophant, who had obtained from James the Recordership of London when Holt honourably resigned it, and who had, as Recorder, sent soldiers to the gibbet for breaches of military discipline. By his servile cruelty he had earned the nickname of the Manhunter. Shower deserved, if any offender deserved, to be excepted from the Act of Indemnity, and left to the utmost rigour of those laws which he had so shamelessly perverted. But he had been saved by the clemency of William, and had requited that clemency by pertinacious and malignant opposition.684 It was doubtless on account of Shower's known leaning towards Jacobitism that he was employed on this occasion. He raised some technical objections which the Court overruled. On the merits of the case he could make no defence. The jury returned a verdict of guilty. Cranburne and Lowick were then tried and convicted. They suffered with Rookwood; and there the executions stopped.685
The temper of the nation was such that the government might have shed much more blood without incurring the reproach of cruelty. The feeling which had been called forth by the discovery of the plot continued during several weeks to increase day by day. Of that feeling the able men who were at the head of the Whig party made a singularly skilful use. They saw that the public enthusiasm, if left without guidance, would exhaust itself in huzzas, healths and bonfires, but might, if wisely guided, be the means of producing a great and lasting effect. The Association, into which the Commons had entered while the King's speech was still in their ears, furnished the means of combining four fifths of the nation in one vast club for the defence of the order of succession with which were inseparably combined the dearest liberties of the English people, and of establishing a test which would distinguish those who were zealous for that order of succession from those who sullenly and reluctantly acquiesced in it. Of the five hundred and thirty members of the Lower House about four hundred and twenty voluntarily subscribed the instrument which recognised William as rightful and lawful King of England. It was moved in the Upper House that the same form should be adopted; but objections were raised by the Tories. Nottingham, ever conscientious, honourable and narrow minded, declared that he could not assent to the words "rightful and lawful." He still held, as he had held from the first, that a prince who had taken the Crown, not by birthright, but by the gift of the Convention, could not properly be so described. William was doubtless King in fact, and, as King in fact, was entitled to the obedience of Christians. "No man," said Nottingham, "has served or will serve His Majesty more faithfully than I. But to this document I cannot set my hand." Rochester and Normanby held similar language. Monmouth, in a speech of two hours and a half, earnestly exhorted the Lords to agree with the Commons. Burnet was vehement on the same side. Wharton, whose father had lately died, and who was now Lord Wharton, appeared in the foremost rank of the Whig peers. But no man distinguished himself more in the debate than one whose life, both public and private, had been one long series of faults and disasters, the incestuous lover of Henrietta Berkeley, the unfortunate lieutenant of Monmouth. He had recently ceased to be called by the tarnished name of Grey of Wark, and was now Earl of Tankerville. He spoke on that day with great force and eloquence for the words, "rightful and lawful." Leeds, after expressing his regret that a question about a mere phrase should have produced dissension among noble persons who were all equally attached to the reigning Sovereign, undertook the office of mediator. He proposed that their Lordships, instead of recognising William as rightful and lawful King, should declare that William had the right by law to the English Crown, and that no other person had any right whatever to that Crown. Strange to say, almost all the Tory peers were perfectly satisfied with what Leeds had suggested. Among the Whigs there was some unwillingness to consent to a change which, slight as it was, might be thought to indicate a difference of opinion between the two Houses on a subject of grave importance. But Devonshire and Portland declared themselves content; their authority prevailed; and the alteration was made. How a rightful and lawful possessor is to be distinguished from a possessor who has the exclusive right by law is a question which a Whig may, without any painful sense of shame, acknowledge to be beyond the reach of his faculties, and leave to be discussed by High Churchmen. Eighty-three peers immediately affixed their names to the amended form of association; and Rochester was among them. Nottingham, not yet quite satisfied, asked time for consideration.686
Beyond the walls of Parliament there was none of this verbal quibbling. The language of the House of Commons was adopted by the whole country. The City of London led the way. Within thirty- six hours after the Association had been published under the direction of the Speaker it was subscribed by the Lord Mayor, by the Aldermen, and by almost all the members of the Common Council. The municipal corporations all over the kingdom followed the example. The spring assizes were just beginning; and at every county town the grand jurors and the justices of the peace put down their names. Soon shopkeepers, artisans, yeomen, farmers, husbandmen, came by thousands to the tables where the parchments were laid out. In Westminster there were thirty-seven thousand associators, in the Tower Hamlets eight thousand, in Southwark eighteen thousand. The rural parts of Surrey furnished seventeen thousand. At Ipswich all the freemen signed except two. At Warwick all the male inhabitants who had attained the age of sixteen signed, except two Papists and two Quakers. At Taunton, where the memory of the Bloody Circuit was fresh, every man who could write gave in his adhesion to the government. All the churches and all the meeting houses in the town were crowded, as they had never been crowded before, with people who came to thank God for having preserved him whom they fondly called William the Deliverer. Of all the counties of England Lancashire was the most Jacobitical. Yet Lancashire furnished fifty thousand signatures. Of all the great towns of England Norwich was the most Jacobitical. The magistrates of that city were supposed to be in the interest of the exiled dynasty. The nonjurors were numerous, and had, just before the discovery of the plot, seemed to be in unusual spirits and ventured to take unusual liberties. One of the chief divines of the schism had preached a sermon there which gave rise to strange suspicions. He had taken for his text the verse in which the Prophet Jeremiah announced that the day of vengeance was come, that the sword would be drunk with blood, that the Lord God of Hosts had a sacrifice in the north country by the river Euphrates. Very soon it was known that, at the time when this discourse was delivered, swords had actually been sharpening, under the direction of Barclay and Parkyns, for a bloody sacrifice on the north bank of the river Thames. The indignation of the common people of Norwich was not to be restrained. They came in multitudes, though discouraged by the municipal authorities, to plight faith to William, rightful and lawful King. In Norfolk the number of signatures amounted to forty-eight thousand, in Suffolk to seventy thousand. Upwards of five hundred rolls went up to London from every part of England. The number of names attached to twenty-seven of those rolls appears from the London Gazette to have been three hundred and fourteen thousand. After making the largest allowance for fraud, it seems certain that the Association included the great majority of the adult male inhabitants of England who were able to sign their names. The tide of popular feeling was so strong that a man who was known not to have signed ran considerable risk of being publicly affronted. In many places nobody appeared without wearing in his hat a red riband on which were embroidered the words, "General Association for King William." Once a party of Jacobites had the courage to parade a street in London with an emblematic device which seemed to indicate their contempt for the new Solemn League and Covenant. They were instantly put to rout by the mob, and their leader was well ducked. The enthusiasm spread to secluded isles, to factories in foreign countries, to remote colonies. The Association was signed by the rude fishermen of the Scilly Rocks, by the English merchants of Malaga, by the English merchants of Genoa, by the citizens of New York, by the tobacco planters of Virginia and by the sugar planters of Barbadoes.687
Emboldened by success, the Whig leaders ventured to proceed a step further. They brought into the Lower House a bill for the securing of the King's person and government. By this bill it was provided that whoever, while the war lasted, should come from France into England without the royal license should incur the penalties of treason, that the suspension of the Habeas Corpus Act should continue to the end of the year 1696, and that all functionaries appointed by William should retain their offices, notwithstanding his death, till his successor should be pleased to dismiss them. The form of Association which the House of Commons had adopted was solemnly ratified; and it was provided that no person should sit in that House or should hold any office, civil or military, without signing. The Lords were indulged in the use of their own form; and nothing was said about the clergy.
The Tories, headed by Finch and Seymour, complained bitterly of this new test, and ventured once to divide, but were defeated. Finch seems to have been heard patiently; but, notwithstanding all Seymour's eloquence,
Parkyns was the last Englishman who was tried for high treason under the old system of procedure. The first who was tried under the new system was Rockwood. He was defended by Sir Bartholomew Shower, who in the preceding reign had made himself unenviably conspicuous as a servile and cruel sycophant, who had obtained from James the Recordership of London when Holt honourably resigned it, and who had, as Recorder, sent soldiers to the gibbet for breaches of military discipline. By his servile cruelty he had earned the nickname of the Manhunter. Shower deserved, if any offender deserved, to be excepted from the Act of Indemnity, and left to the utmost rigour of those laws which he had so shamelessly perverted. But he had been saved by the clemency of William, and had requited that clemency by pertinacious and malignant opposition.684 It was doubtless on account of Shower's known leaning towards Jacobitism that he was employed on this occasion. He raised some technical objections which the Court overruled. On the merits of the case he could make no defence. The jury returned a verdict of guilty. Cranburne and Lowick were then tried and convicted. They suffered with Rookwood; and there the executions stopped.685
The temper of the nation was such that the government might have shed much more blood without incurring the reproach of cruelty. The feeling which had been called forth by the discovery of the plot continued during several weeks to increase day by day. Of that feeling the able men who were at the head of the Whig party made a singularly skilful use. They saw that the public enthusiasm, if left without guidance, would exhaust itself in huzzas, healths and bonfires, but might, if wisely guided, be the means of producing a great and lasting effect. The Association, into which the Commons had entered while the King's speech was still in their ears, furnished the means of combining four fifths of the nation in one vast club for the defence of the order of succession with which were inseparably combined the dearest liberties of the English people, and of establishing a test which would distinguish those who were zealous for that order of succession from those who sullenly and reluctantly acquiesced in it. Of the five hundred and thirty members of the Lower House about four hundred and twenty voluntarily subscribed the instrument which recognised William as rightful and lawful King of England. It was moved in the Upper House that the same form should be adopted; but objections were raised by the Tories. Nottingham, ever conscientious, honourable and narrow minded, declared that he could not assent to the words "rightful and lawful." He still held, as he had held from the first, that a prince who had taken the Crown, not by birthright, but by the gift of the Convention, could not properly be so described. William was doubtless King in fact, and, as King in fact, was entitled to the obedience of Christians. "No man," said Nottingham, "has served or will serve His Majesty more faithfully than I. But to this document I cannot set my hand." Rochester and Normanby held similar language. Monmouth, in a speech of two hours and a half, earnestly exhorted the Lords to agree with the Commons. Burnet was vehement on the same side. Wharton, whose father had lately died, and who was now Lord Wharton, appeared in the foremost rank of the Whig peers. But no man distinguished himself more in the debate than one whose life, both public and private, had been one long series of faults and disasters, the incestuous lover of Henrietta Berkeley, the unfortunate lieutenant of Monmouth. He had recently ceased to be called by the tarnished name of Grey of Wark, and was now Earl of Tankerville. He spoke on that day with great force and eloquence for the words, "rightful and lawful." Leeds, after expressing his regret that a question about a mere phrase should have produced dissension among noble persons who were all equally attached to the reigning Sovereign, undertook the office of mediator. He proposed that their Lordships, instead of recognising William as rightful and lawful King, should declare that William had the right by law to the English Crown, and that no other person had any right whatever to that Crown. Strange to say, almost all the Tory peers were perfectly satisfied with what Leeds had suggested. Among the Whigs there was some unwillingness to consent to a change which, slight as it was, might be thought to indicate a difference of opinion between the two Houses on a subject of grave importance. But Devonshire and Portland declared themselves content; their authority prevailed; and the alteration was made. How a rightful and lawful possessor is to be distinguished from a possessor who has the exclusive right by law is a question which a Whig may, without any painful sense of shame, acknowledge to be beyond the reach of his faculties, and leave to be discussed by High Churchmen. Eighty-three peers immediately affixed their names to the amended form of association; and Rochester was among them. Nottingham, not yet quite satisfied, asked time for consideration.686
Beyond the walls of Parliament there was none of this verbal quibbling. The language of the House of Commons was adopted by the whole country. The City of London led the way. Within thirty- six hours after the Association had been published under the direction of the Speaker it was subscribed by the Lord Mayor, by the Aldermen, and by almost all the members of the Common Council. The municipal corporations all over the kingdom followed the example. The spring assizes were just beginning; and at every county town the grand jurors and the justices of the peace put down their names. Soon shopkeepers, artisans, yeomen, farmers, husbandmen, came by thousands to the tables where the parchments were laid out. In Westminster there were thirty-seven thousand associators, in the Tower Hamlets eight thousand, in Southwark eighteen thousand. The rural parts of Surrey furnished seventeen thousand. At Ipswich all the freemen signed except two. At Warwick all the male inhabitants who had attained the age of sixteen signed, except two Papists and two Quakers. At Taunton, where the memory of the Bloody Circuit was fresh, every man who could write gave in his adhesion to the government. All the churches and all the meeting houses in the town were crowded, as they had never been crowded before, with people who came to thank God for having preserved him whom they fondly called William the Deliverer. Of all the counties of England Lancashire was the most Jacobitical. Yet Lancashire furnished fifty thousand signatures. Of all the great towns of England Norwich was the most Jacobitical. The magistrates of that city were supposed to be in the interest of the exiled dynasty. The nonjurors were numerous, and had, just before the discovery of the plot, seemed to be in unusual spirits and ventured to take unusual liberties. One of the chief divines of the schism had preached a sermon there which gave rise to strange suspicions. He had taken for his text the verse in which the Prophet Jeremiah announced that the day of vengeance was come, that the sword would be drunk with blood, that the Lord God of Hosts had a sacrifice in the north country by the river Euphrates. Very soon it was known that, at the time when this discourse was delivered, swords had actually been sharpening, under the direction of Barclay and Parkyns, for a bloody sacrifice on the north bank of the river Thames. The indignation of the common people of Norwich was not to be restrained. They came in multitudes, though discouraged by the municipal authorities, to plight faith to William, rightful and lawful King. In Norfolk the number of signatures amounted to forty-eight thousand, in Suffolk to seventy thousand. Upwards of five hundred rolls went up to London from every part of England. The number of names attached to twenty-seven of those rolls appears from the London Gazette to have been three hundred and fourteen thousand. After making the largest allowance for fraud, it seems certain that the Association included the great majority of the adult male inhabitants of England who were able to sign their names. The tide of popular feeling was so strong that a man who was known not to have signed ran considerable risk of being publicly affronted. In many places nobody appeared without wearing in his hat a red riband on which were embroidered the words, "General Association for King William." Once a party of Jacobites had the courage to parade a street in London with an emblematic device which seemed to indicate their contempt for the new Solemn League and Covenant. They were instantly put to rout by the mob, and their leader was well ducked. The enthusiasm spread to secluded isles, to factories in foreign countries, to remote colonies. The Association was signed by the rude fishermen of the Scilly Rocks, by the English merchants of Malaga, by the English merchants of Genoa, by the citizens of New York, by the tobacco planters of Virginia and by the sugar planters of Barbadoes.687
Emboldened by success, the Whig leaders ventured to proceed a step further. They brought into the Lower House a bill for the securing of the King's person and government. By this bill it was provided that whoever, while the war lasted, should come from France into England without the royal license should incur the penalties of treason, that the suspension of the Habeas Corpus Act should continue to the end of the year 1696, and that all functionaries appointed by William should retain their offices, notwithstanding his death, till his successor should be pleased to dismiss them. The form of Association which the House of Commons had adopted was solemnly ratified; and it was provided that no person should sit in that House or should hold any office, civil or military, without signing. The Lords were indulged in the use of their own form; and nothing was said about the clergy.
The Tories, headed by Finch and Seymour, complained bitterly of this new test, and ventured once to divide, but were defeated. Finch seems to have been heard patiently; but, notwithstanding all Seymour's eloquence,
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