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Committee, could not properly be suffered to expire, was brought in, passed and sent to the Lords. In a short time this bill came back with an important amendment. The Lords had inserted in the list of Acts to be continued the Act which placed the press under the control of licensers. The Commons resolved not to agree to the amendment, demanded a conference, and appointed a committee of managers. The leading manager was Edward Clarke, a stanch Whig, who represented Taunton, the stronghold, during fifty troubled years, of civil and religious freedom.

Clarke delivered to the Lords in the Painted Chamber a paper containing the reasons which had determined the Lower House not to renew the Licensing Act. This paper completely vindicates the resolution to which the Commons had come. But it proves at the same time that they knew not what they were doing, what a revolution they were making, what a power they were calling into existence. They pointed out concisely, clearly, forcibly, and sometimes with a grave irony which is not unbecoming, the absurdities and iniquities of the statute which was about to expire. But all their objections will be found to relate to matters of detail. On the great question of principle, on the question whether the liberty of unlicensed printing be, on the whole, a blessing or a curse to society, not a word is said. The Licensing Act is condemned, not as a thing essentially evil, but on account of the petty grievances, the exactions, the jobs, the commercial restrictions, the domiciliary visits which were incidental to it. It is pronounced mischievous because it enables the Company of Stationers to extort money from publishers, because it empowers the agents of the government to search houses under the authority of general warrants, because it confines the foreign book trade to the port of London; because it detains valuable packages of books at the Custom House till the pages are mildewed. The Commons complain that the amount of the fee which the licenser may demand is not fixed. They complain that it is made penal in an officer of the Customs to open a box of books from abroad, except in the presence of one of the censors of the press. How, it is very sensibly asked, is the officer to know that there are books in the box till he has opened it? Such were the arguments which did what Milton's Areopagitica had failed to do.

The Lords yielded without a contest. They probably expected that some less objectionable bill for the regulation of the press would soon be sent up to them; and in fact such a bill was brought into the House of Commons, read twice, and referred to a select committee. But the session closed before the committee had reported; and English literature was emancipated, and emancipated for ever, from the control of the government.563 This great event passed almost unnoticed. Evelyn and Luttrell did not think it worth mentioning in their diaries. The Dutch minister did not think it worth mentioning in his despatches. No allusion to it is to be found in the Monthly Mercuries. The public attention was occupied by other and far more exciting subjects.

One of those subjects was the death of the most accomplished, the most enlightened, and, in spite of great faults, the most estimable of the statesmen who were formed in the corrupt and licentious Whitehall of the Restoration. About a month after the splendid obsequies of Mary, a funeral procession of almost ostentatious simplicity passed round the shrine of Edward the Confessor to the Chapel of Henry the Seventh. There, at the distance of a few feet from her coffin, lies the coffin of George Savile, Marquess of Halifax.

Halifax and Nottingham had long been friends; and Lord Eland, now Halifax's only son, had been affianced to the Lady Mary Finch, Nottingham's daughter. The day of the nuptials was fixed; a joyous company assembled at Burley on the Hill, the mansion of the bride's father, which, from one of the noblest terraces in the island, looks down on magnificent woods of beech and oak, on the rich valley of Catmos, and on the spire of Oakham. The father of the bridegroom was detained to London by indisposition, which was not supposed to be dangerous. On a sudden his malady took an alarming form. He was told that he had but a few hours to live. He received the intimation with tranquil fortitude. It was proposed to send off an express to summon his son to town. But Halifax, good natured to the last, would not disturb the felicity of the wedding day. He gave strict orders that his interment should be private, prepared himself for the great change by devotions which astonished those who had called him an atheist, and died with the serenity of a philosopher and of a Christian, while his friends and kindred, not suspecting his danger, were tasting the sack posset and drawing the curtain.564 His legitimate male posterity and his titles soon became extinct. No small portion, however, of his wit and eloquence descended to his daughter's son, Philip Stanhope, fourth Earl of Chesterfield. But it is perhaps not generally known that some adventurers, who, without advantages of fortune or position, made themselves conspicuous by the mere force of ability, inherited the blood of Halifax. He left a natural son, Henry Carey, whose dramas once drew crowded audiences to the theatres, and some of whose gay and spirited verses still live in the memory of hundreds of thousands. From Henry Carey descended that Edmund Kean, who, in our time, transformed himself so marvellously into Shylock, Iago and Othello.

More than one historian has been charged with partiality to Halifax. The truth is that the memory of Halifax is entitled in an especial manner to the protection of history. For what distinguishes him from all other English statesmen is this, that, through a long public life, and through frequent and violent revolutions of public feeling, he almost invariably took that view of the great questions of his time which history has finally adopted. He was called inconstant, because the relative position in which he stood to the contending factions was perpetually varying. As well might the pole star be called inconstant because it is sometimes to the east and sometimes to the west of the pointers. To have defended the ancient and legal constitution of the realm against a seditious populace at one conjuncture and against a tyrannical government at another; to have been the foremost defender of order in the turbulent Parliament of 1680 and the foremost defender of liberty in the servile Parliament of 1685; to have been just and merciful to Roman Catholics in the days of the Popish plot and to Exclusionists in the days of the Rye House Plot; to have done all in his power to save both the head of Stafford and the head of Russell; this was a course which contemporaries, heated by passion and deluded by names and badges, might not unnaturally call fickle, but which deserves a very different name from the late justice of posterity.

There is one and only one deep stain on the memory of this eminent man. It is melancholy to think that he, who had acted so great a part in the Convention, could have afterwards stooped to hold communication with Saint Germains. The fact cannot be disputed; yet for him there are excuses which cannot be pleaded for others who were guilty of the same crime. He did not, like Marlborough, Russell, Godolphin and Shrewsbury, betray a master by whom he was trusted, and with whose benefits he was loaded. It was by the ingratitude and malice of the Whigs that he was driven to take shelter for a moment among the Jacobites. It may be added that he soon repented of the error into which he had been hurried by passion, that, though never reconciled to the Court, he distinguished himself by his zeal for the vigorous prosecution of the war, and that his last work was a tract in which he exhorted his countrymen to remember that the public burdens, heavy as they might seem, were light when compared with the yoke of France and of Rome.565

About a fortnight after the death of Halifax, a fate far more cruel than death befell his old rival and enemy, the Lord President. That able, ambitious and daring statesman was again hurled down from power. In his first fall, terrible as it was, there had been something of dignity; and he had, by availing himself with rare skill of an extraordinary crisis in public affairs, risen once more to the most elevated position among English subjects. The second ruin was indeed less violent than the first; but it was ignominious and irretrievable.

The peculation and venality by which the official men of that age were in the habit of enriching themselves had excited in the public mind a feeling such as could not but vent itself, sooner or later, in some formidable explosion. But the gains were immediate; the day of retribution was uncertain; and the plunderers of the public were as greedy and as audacious as ever, when the vengeance, long threatened and long delayed, suddenly overtook the proudest and most powerful among them.

The first mutterings of the coming storm did not at all indicate the direction which it would take, or the fury with which it would burst. An infantry regiment, which was quartered at Royston, had levied contributions on the people of that town and of the neighbourhood. The sum exacted was not large. In France or Brabant the moderation of the demand would have been thought wonderful. But to English shopkeepers and farmers military extortion was happily quite new and quite insupportable. A petition was sent up to the Commons. The Commons summoned the accusers and the accused to the bar. It soon appeared that a grave offence had been committed, but that the offenders were not altogether without excuse. The public money which had been issued from the Exchequer for their pay and subsistence had been fraudulently detained by their colonel and by his agent. It was not strange that men who had arms and who had not necessaries should trouble themselves little about the Petition of Right and the Declaration of Right. But it was monstrous that, while the citizen was heavily taxed for the purpose of paying to the soldier the largest military stipend known in Europe, the soldier should be driven by absolute want to plunder the citizen. This was strongly set forth in a representation which the Commons laid before William. William, who had been long struggling against abuses which grievously impaired the efficiency of his army, was glad to have his hands thus strengthened. He promised ample redress, cashiered the offending colonel, gave strict orders that the troops should receive their due regularly, and established a military board for the purpose of detecting and punishing such malpractices as had taken place at Royston.566

But the whole administration was in such a state that it was hardly possible to track one offender without discovering ten others. In the course of the inquiry into the conduct of the troops at Royston, it was discovered that a bribe of two hundred guineas had been received by Henry Guy, member of Parliament for Heydon and Secretary of the Treasury. Guy was instantly sent to the Tower, not without much exultation on the part of the Whigs; for he was one of those tools who had passed, together with the buildings and furniture of the public offices, from James to William; he affected the character of a High Churchman; and he was known to be closely connected with some of the heads of the Tory party, and especially with Trevor.567

Another name, which was afterwards
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