The History of England, from the Accession of James the Second - Volume 4 by Thomas Babington Macaulay (well read books txt) 📕

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