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

artifice to exasperate the Mogul government against each other.498

The three great constitutional questions of the preceding year were, in this year, again brought under the consideration of Parliament. In the first week of the session, a Bill for the Regulation of Trials in cases of High Treason, a Triennial Bill, and a Place Bill were laid on the table of the House of Commons.

None of these bills became a law. The first passed the Commons, but was unfavourably received by the Peers. William took so much interest in the question that he came down to the House of Lords, not in his crown and robes, but in the ordinary dress of a gentleman, and sate through the whole debate on the second reading. Caermarthen spoke of the dangers to which the State was at that time exposed, and entreated his brethren not to give, at such a moment, impunity to traitors. He was powerfully supported by two eminent orators, who had, during some years, been on the uncourtly side of every question, but who, in this session, showed a disposition to strengthen the hands of the government, Halifax and Mulgrave. Marlborough, Rochester and Nottingham spoke for the bill; but the general feeling was so clearly against them that they did not venture to divide. It is probable, however, that the reasons urged by Caermarthen were not the reasons which chiefly swayed his hearers. The Peers were fully determined that the bill should not pass without a clause altering the constitution of the Court of the Lord High Steward: they knew that the Lower House was as fully determined not to pass such a clause; and they thought it better that what must happen at last should happen speedily, and without a quarrel.499

The fate of the Triennial Bill confounded all the calculations of the best informed politicians of that time, and may therefore well seem extraordinary to us. During the recess, that bill had been described in numerous pamphlets, written for the most part by persons zealous for the Revolution and for popular principles of government, as the one thing needful, as the universal cure for the distempers of the State. On the first, second and third readings in the House of Commons no division took place. The Whigs were enthusiastic. The Tories seemed to be acquiescent. It was understood that the King, though he had used his Veto for the purpose of giving the Houses an opportunity of reconsidering the subject, had no intention of offering a pertinacious opposition to their wishes. But Seymour, with a cunning which long experience had matured, after deferring the conflict to the last moment, snatched the victory from his adversaries, when they were most secure. When the Speaker held up the bill in his hands, and put the question whether it should pass, the Noes were a hundred and forty-six, the Ayes only a hundred and thirty-six.500 Some eager Whigs flattered themselves that their defeat was the effect of a surprise, and might be retrieved. Within three days, therefore, Monmouth, the most ardent and restless man in the whole party, brought into the Upper House a bill substantially the same with that which had so strangely miscarried in the Lower. The Peers passed this bill very expeditiously, and sent it down to the Commons. But in the Commons it found no favour. Many members, who professed to wish that the duration of parliaments should be limited, resented the interference of the hereditary branch of the legislature in a matter which peculiarly concerned the elective branch. The subject, they said, is one which especially belongs to us; we have considered it; we have come to a decision; and it is scarcely parliamentary, it is certainly most indelicate, in their Lordships, to call upon us to reverse that decision. The question now is, not whether the duration of parliaments ought to be limited, but whether we ought to submit our judgment to the authority of the Peers, and to rescind, at their bidding, what we did only a fortnight ago. The animosity with which the patrician order was regarded was inflamed by the arts and the eloquence of Seymour. The bill contained a definition of the words, "to hold a Parliament." This definition was scrutinised with extreme jealousy, and was thought by many, with very little reason, to have been framed for the purpose of extending the privileges, already invidiously great, of the nobility. It appears, from the scanty and obscure fragments of the debates which have come down to us, that bitter reflections were thrown on the general conduct, both political and judicial, of the Peers. Old Titus, though zealous for triennial parliaments, owned that he was not surprised at the ill humour which many gentlemen showed. "It is true," he said, "that we ought to be dissolved; but it is rather hard, I must own, that the Lords are to prescribe the time of our dissolution. The Apostle Paul wished to be dissolved; but, I doubt, if his friends had set him a day, he would not have taken it kindly of them." The bill was rejected by a hundred and ninety-seven votes to a hundred and twenty-seven.501

The Place Bill, differing very little from the Place Bill which had been brought in twelve months before, passed easily through the Commons. Most of the Tories supported it warmly; and the Whigs did not venture to oppose it. It went up to the Lords, and soon came back completely changed. As it had been originally drawn, it provided that no member of the House of Commons, elected after the first of January, 1694, should accept any place of profit under the Crown, on pain of forfeiting his seat, and of being incapable of sitting again in the same Parliament. The Lords had added the words, "unless he be afterwards again chosen to serve in the same Parliament." These words, few as they were, sufficed to deprive the bill of nine tenths of its efficacy, both for good and for evil. It was most desirable that the crowd of subordinate public functionaries should be kept out of the House of Commons. It was most undesirable that the heads of the great executive departments should be kept out of that House. The bill, as altered, left that House open both to those who ought and to those who ought not to have been admitted. It very properly let in the Secretaries of State and the Chancellor of the Exchequer; but it let in with them Commissioners of Wine Licenses and Commissioners of the Navy, Receivers, Surveyors, Storekeepers, Clerks of the Acts and Clerks of the Cheque, Clerks of the Green Cloth and Clerks of the Great Wardrobe. So little did the Commons understand what they were about that, after framing a law, in one view most mischievous, and in another view most beneficial, they were perfectly willing that it should be transformed into a law quite harmless and almost useless. They agreed to the amendment; and nothing was now wanting but the royal sanction.

That sanction certainly ought not to have been withheld, and probably would not have been withheld, if William had known how unimportant the bill now was. But he understood the question as little as the Commons themselves. He knew that they imagined that they had devised a most stringent limitation of the royal power; and he was determined not to submit, without a struggle, to any such limitation. He was encouraged by the success with which he had hitherto resisted the attempts of the two Houses to encroach on his prerogative. He had refused to pass the bill which quartered the judges on his hereditary revenue; and the Parliament had silently acquiesced in the justice of the refusal. He had refused to pass the Triennial Bill; and the Commons had since, by rejecting two Triennial Bills, acknowledged that he had done well. He ought, however, to have considered that, on both these occasions, the announcement of his refusal was immediately followed by the announcement that the Parliament was prorogued. On both these occasions, therefore, the members had half a year to think and to grow cool before the next sitting. The case was now very different. The principal business of the session was hardly begun: estimates were still under consideration: bills of supply were still depending; and, if the Houses should take a fit of ill humour, the consequences might be serious indeed.

He resolved, however, to run the risk. Whether he had any adviser is not known. His determination seems to have taken both the leading Whigs and the leading Tories by surprise. When the Clerk had proclaimed that the King and Queen would consider of the bill touching free and impartial proceedings in Parliament, the Commons retired from the bar of the Lords in a resentful and ungovernable mood. As soon as the Speaker was again in his chair there was a long and tempestuous debate. All other business was postponed. All committees were adjourned. It was resolved that the House would, early the next morning, take into consideration the state of the nation. When the morning came, the excitement did not appear to have abated. The mace was sent into Westminster Hall and into the Court of Requests. All members who could be found were brought into the House. That none might be able to steal away unnoticed, the back door was locked, and the key laid on the table. All strangers were ordered to retire. With these solemn preparations began a sitting which reminded a few old men of some of the first sittings of the Kong Parliament. High words were uttered by the enemies of the government. Its friends, afraid of being accused of abandoning the cause of the Commons of England for the sake of royal favour, hardly ventured to raise their voices. Montague alone seems to have defended the King. Lowther, though high in office and a member of the cabinet, owned that there were evil influences at work, and expressed a wish to see the Sovereign surrounded by counsellors in whom the representatives of the people could confide. Harley, Foley and Howe carried every thing before them. A resolution, affirming that those who had advised the Crown on this occasion were public enemies, was carried with only two or three Noes. Harley, after reminding his hearers that they had their negative voice as the King had his, and that, if His Majesty refused then redress, they could refuse him money, moved that they should go up to the Throne, not, as usual, with a Humble Address, but with a Representation. Some members proposed to substitute the more respectful word Address: but they were overruled; and a committee was appointed to draw up the Representation.

Another night passed; and, when the House met again, it appeared that the storm had greatly subsided. The malignant joy and the wild hopes which the Jacobites had, during the last forty-eight hours, expressed with their usual imprudence, had incensed and alarmed the Whigs and the moderate Tories. Many members too were frightened by hearing that William was fully determined not to yield without an appeal to the nation. Such an appeal might have been successful: for a dissolution, on any ground whatever, would, at that moment, have been a highly popular exercise of the prerogative. The constituent bodies, it was well known, were generally zealous for the Triennial Bill, and cared comparatively little about the Place Bill. Many Tory members, therefore, who had recently voted against the Triennial Bill, were by no means desirous to run the risks of a general election. When the Representation which Harley and his friends had prepared was read, it was thought offensively strong. After being recommitted, shortened and softened, it was presented by the whole House. William's answer was kind and gentle; but he conceded nothing. He assured the Commons that he remembered with