The History of England, from the Accession of James the Second - Volume 2 - Thomas Babington Macaulay (best ereader for textbooks txt) 📗
- Author: Thomas Babington Macaulay
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defined; that trials for high treason should be conducted in a manner more favourable to innocence; that the judges should hold their places for life; that the mode of appointing Sheriffs should be altered; that juries should be nominated in such a way as might exclude partiality and corruption; that the practice of filing criminal informations in the King's Bench should be abolished; that the Court of Chancery should be reformed; that the fees of public functionaries should be regulated; and that the law of Quo Warranto should be amended. It was evident that cautious and deliberate legislation on these subjects must be the work of more than one laborious session; and it was equally evident that hasty and crude legislation on subjects so grave could not but produce new grievances, worse than those which it might remove. If the committee meant to give a list of the reforms which ought to be accomplished before the throne was filled, the list was absurdly long. If, on the other hand, the committee meant to give a list of all the reforms which the legislature would do well to make in proper season, the list was strangely imperfect. Indeed, as soon as the report had been read, member after member rose to suggest some addition. It was moved and carried that the selling of offices should be prohibited, that the Habeas Corpus Act should be made more efficient, and that the law of Mandamus should be revised. One gentleman fell on the chimneymen, another on the excisemen; and the House resolved that the malpractices of both chimneymen and excisemen should be restrained. It is a most remarkable circumstance that, while the whole political, military, judicial, and fiscal system of the kingdom was thus passed in review, not a single representative of the people proposed the repeal of the statute which subjected the press to a censorship. It was not yet understood, even by the most enlightened men, that the liberty of discussion is the chief safeguard of all other liberties.669
The House was greatly perplexed. Some orators vehemently said that too much time had already been lost, and that the government ought to be settled without the delay of a day. Society was unquiet: trade was languishing: the English colony in Ireland was in imminent danger of perishing, a foreign war was impending: the exiled King might, in a few weeks, be at Dublin with a French army, and from Dublin he might soon cross to Chester. Was it not insanity, at such a crisis, to leave the throne unfilled, and, while the very existence of Parliaments was in jeopardy, to waste time in debating whether Parliaments should be prorogued by the sovereign or by themselves? On the other side it was asked whether the Convention could think that it had fulfilled its mission by merely pulling down one prince and putting up another. Surely now or never was the time to secure public liberty by such fences as might effectually prevent the encroachments of prerogative.670 There was doubtless great weight in what was urged on both sides. The able chiefs of the Whig party, among whom Somers was fast rising to ascendency, proposed a middle course. The House had, they said, two objects in view, which ought to be kept distinct. One object was to secure the old polity of the realm against illegal attacks: the other was to improve that polity by legal reforms. The former object might be attained by solemnly putting on record, in the resolution which called the new sovereigns to the throne, the claim of the English nation to its ancient franchises, so that the King might hold his crown, and the people their privileges, by one and the same title deed. The latter object would require a whole volume of elaborate statutes. The former object might be attained in a day; the latter, scarcely in five years. As to the former object, all parties were agreed: as to the latter, there were innumerable varieties of opinion. No member of either House would hesitate for a moment to vote that the King could not levy taxes without the consent of Parliament: but it would be hardly possible to frame any new law of procedure in cases of high treason which would not give rise to long debate, and be condemned by some persons as unjust to the prisoner, and by others as unjust to the crown. The business of an extraordinary convention of the Estates of the Realm was not to do the ordinary work of Parliaments, to regulate the fees of masters in Chancery, and to provide against the exactions of gaugers, but to put right the great machine of government. When this had been done, it would be time to inquire what improvement our institutions needed: nor would anything be risked by delay; for no sovereign who reigned merely by the choice of the nation could long refuse his assent to any improvement which the nation, speaking through its representatives, demanded.
On these grounds the Commons wisely determined to postpone all reforms till the ancient constitution of the kingdom should have been restored in all its parts, and forthwith to fill the throne without imposing on William and Mary any other obligation than that of governing according to the existing laws of England. In order that the questions which had been in dispute between the Stuarts and the nation might never again be stirred, it was determined that the instrument by which the Prince and Princess of Orange were called to the throne, and by which the order of succession was settled, should set forth, in the most distinct and solemn manner, the fundamental principles of the constitution. This instrument, known by the name of the Declaration of Right, was prepared by a committee, of which Somers was chairman. The fact that the low born young barrister was appointed to so honourable and important a post in a Parliament filled with able and experienced men, only ten days after he had spoken in the House of Commons for the first time, sufficiently proves the superiority of his abilities. In a few hours the Declaration was framed and approved by the Commons. The Lords assented to it with some amendments of no great importance.671
The Declaration began by recapitulating the crimes and errors which had made a revolution necessary. James had invaded the province of the legislature; had treated modest petitioning as a crime; had oppressed the Church by means of an illegal tribunal; had, without the consent of Parliament, levied taxes and maintained a standing army in time of peace; had violated the freedom of election, and perverted the course of justice. Proceedings which could lawfully be questioned only in Parliament had been made the subjects of prosecution in the King's Bench. Partial and corrupt juries had been returned: excessive bail had been required from prisoners, excessive fines had been imposed: barbarous and unusual punishments had been inflicted: the estates of accused persons had been granted away before conviction. He, by whose authority these things had been done, had abdicated the government. The Prince of Orange, whom God had made the glorious instrument of delivering the nation from superstition and tyranny, had invited the Estates of the Realm to meet and to take counsel together for the securing of religion, of law, and of freedom. The Lords and Commons, having deliberated, had resolved that they would first, after the example of their ancestors, assert the ancient rights and liberties of England. Therefore it was declared that the dispensing power, lately assumed and exercised, had no legal existence; that, without grant of Parliament, no money could be exacted by the sovereign from the subject; that, without consent of Parliament, no standing army could be kept up in time of peace. The right of subjects to petition, the right of electors to choose representatives freely, the right of Parliaments to freedom of debate, the right of the nation to a pure and merciful administration of justice according to the spirit of its own mild laws, were solemnly affirmed. All these things the Convention claimed, in the name of the whole nation, as the undoubted inheritance of Englishmen. Having thus vindicated the principles of the constitution, the Lords and Commons, in the entire confidence that the deliverer would hold sacred the laws and liberties which he had saved, resolved that William and Mary, Prince and Princess of Orange, should be declared King and Queen of England for their joint and separate lives, and that, during their joint lives, the administration of the government should be in the Prince alone. After them the crown was settled on the posterity of Mary, then on Anne and her posterity, and then on the posterity of William.
By this time the wind had ceased to blow from the west. The ship in which the Princess of Orange had embarked lay off Margate on the eleventh of February, and, on the following morning, anchored at Greenwich.672 She was received with many signs of joy and affection: but her demeanour shocked the Tories, and was not thought faultless even by the Whigs. A young woman, placed, by a destiny as mournful and awful as that which brooded over the fabled houses of Labdacus and Pelops, in such a situation that she could not, without violating her duty to her God, her husband, and her country, refuse to take her seat on the throne from which her father had just been hurled, should have been sad, or at least serious. Mary was not merely in high, but in extravagant, spirits. She entered Whitehall, it was asserted, with a girlish delight at being mistress of so fine a house, ran about the rooms, peeped into the closets, and examined the quilt of the state bed, without seeming to remember by whom those magnificent apartments had last been occupied. Burnet, who had, till then, thought her an angel in human form, could not, on this occasion, refrain from blaming her. He was the more astonished because, when he took leave of her at the Hague, she had, though fully convinced that she was in the path of duty, been deeply dejected. To him, as to her spiritual guide, she afterwards explained her conduct. William had written to inform her that some of those who had tried to separate her interest from his still continued their machinations: they gave it out that she thought herself wronged; and, if she wore a gloomy countenance, the report would be confirmed. He therefore intreated her to make her first appearance with an air of cheerfulness. Her heart, she said, was far indeed from cheerful; but she had done her best; and, as she was afraid of not sustaining well a part which was uncongenial to her feelings, she had overacted it. Her deportment was the subject of reams of scurrility in prose and verse: it lowered her in the opinion of some whose esteem she valued; nor did the world know, till she was beyond the reach of praise and censure, that the conduct which had brought on her the reproach of levity and insensibility was really a signal instance of that perfect disinterestedness and selfdevotion of which man seems to be incapable, but which is sometimes found in woman.673
On the morning of Wednesday, the thirteenth of February, the court of Whitehall and all the neighbouring streets were filled with gazers. The magnificent Banqueting House, the masterpiece of Inigo, embellished by masterpieces of Rubens, had been prepared for a great ceremony. The walls were lined by the yeomen of the guard. Near the northern door, on the right hand, a large number of Peers had assembled. On the left were the Commons with their Speaker, attended by the mace. The southern door opened: and the Prince and Princess of Orange, side by side, entered, and took their place under the canopy of state.
The House was greatly perplexed. Some orators vehemently said that too much time had already been lost, and that the government ought to be settled without the delay of a day. Society was unquiet: trade was languishing: the English colony in Ireland was in imminent danger of perishing, a foreign war was impending: the exiled King might, in a few weeks, be at Dublin with a French army, and from Dublin he might soon cross to Chester. Was it not insanity, at such a crisis, to leave the throne unfilled, and, while the very existence of Parliaments was in jeopardy, to waste time in debating whether Parliaments should be prorogued by the sovereign or by themselves? On the other side it was asked whether the Convention could think that it had fulfilled its mission by merely pulling down one prince and putting up another. Surely now or never was the time to secure public liberty by such fences as might effectually prevent the encroachments of prerogative.670 There was doubtless great weight in what was urged on both sides. The able chiefs of the Whig party, among whom Somers was fast rising to ascendency, proposed a middle course. The House had, they said, two objects in view, which ought to be kept distinct. One object was to secure the old polity of the realm against illegal attacks: the other was to improve that polity by legal reforms. The former object might be attained by solemnly putting on record, in the resolution which called the new sovereigns to the throne, the claim of the English nation to its ancient franchises, so that the King might hold his crown, and the people their privileges, by one and the same title deed. The latter object would require a whole volume of elaborate statutes. The former object might be attained in a day; the latter, scarcely in five years. As to the former object, all parties were agreed: as to the latter, there were innumerable varieties of opinion. No member of either House would hesitate for a moment to vote that the King could not levy taxes without the consent of Parliament: but it would be hardly possible to frame any new law of procedure in cases of high treason which would not give rise to long debate, and be condemned by some persons as unjust to the prisoner, and by others as unjust to the crown. The business of an extraordinary convention of the Estates of the Realm was not to do the ordinary work of Parliaments, to regulate the fees of masters in Chancery, and to provide against the exactions of gaugers, but to put right the great machine of government. When this had been done, it would be time to inquire what improvement our institutions needed: nor would anything be risked by delay; for no sovereign who reigned merely by the choice of the nation could long refuse his assent to any improvement which the nation, speaking through its representatives, demanded.
On these grounds the Commons wisely determined to postpone all reforms till the ancient constitution of the kingdom should have been restored in all its parts, and forthwith to fill the throne without imposing on William and Mary any other obligation than that of governing according to the existing laws of England. In order that the questions which had been in dispute between the Stuarts and the nation might never again be stirred, it was determined that the instrument by which the Prince and Princess of Orange were called to the throne, and by which the order of succession was settled, should set forth, in the most distinct and solemn manner, the fundamental principles of the constitution. This instrument, known by the name of the Declaration of Right, was prepared by a committee, of which Somers was chairman. The fact that the low born young barrister was appointed to so honourable and important a post in a Parliament filled with able and experienced men, only ten days after he had spoken in the House of Commons for the first time, sufficiently proves the superiority of his abilities. In a few hours the Declaration was framed and approved by the Commons. The Lords assented to it with some amendments of no great importance.671
The Declaration began by recapitulating the crimes and errors which had made a revolution necessary. James had invaded the province of the legislature; had treated modest petitioning as a crime; had oppressed the Church by means of an illegal tribunal; had, without the consent of Parliament, levied taxes and maintained a standing army in time of peace; had violated the freedom of election, and perverted the course of justice. Proceedings which could lawfully be questioned only in Parliament had been made the subjects of prosecution in the King's Bench. Partial and corrupt juries had been returned: excessive bail had been required from prisoners, excessive fines had been imposed: barbarous and unusual punishments had been inflicted: the estates of accused persons had been granted away before conviction. He, by whose authority these things had been done, had abdicated the government. The Prince of Orange, whom God had made the glorious instrument of delivering the nation from superstition and tyranny, had invited the Estates of the Realm to meet and to take counsel together for the securing of religion, of law, and of freedom. The Lords and Commons, having deliberated, had resolved that they would first, after the example of their ancestors, assert the ancient rights and liberties of England. Therefore it was declared that the dispensing power, lately assumed and exercised, had no legal existence; that, without grant of Parliament, no money could be exacted by the sovereign from the subject; that, without consent of Parliament, no standing army could be kept up in time of peace. The right of subjects to petition, the right of electors to choose representatives freely, the right of Parliaments to freedom of debate, the right of the nation to a pure and merciful administration of justice according to the spirit of its own mild laws, were solemnly affirmed. All these things the Convention claimed, in the name of the whole nation, as the undoubted inheritance of Englishmen. Having thus vindicated the principles of the constitution, the Lords and Commons, in the entire confidence that the deliverer would hold sacred the laws and liberties which he had saved, resolved that William and Mary, Prince and Princess of Orange, should be declared King and Queen of England for their joint and separate lives, and that, during their joint lives, the administration of the government should be in the Prince alone. After them the crown was settled on the posterity of Mary, then on Anne and her posterity, and then on the posterity of William.
By this time the wind had ceased to blow from the west. The ship in which the Princess of Orange had embarked lay off Margate on the eleventh of February, and, on the following morning, anchored at Greenwich.672 She was received with many signs of joy and affection: but her demeanour shocked the Tories, and was not thought faultless even by the Whigs. A young woman, placed, by a destiny as mournful and awful as that which brooded over the fabled houses of Labdacus and Pelops, in such a situation that she could not, without violating her duty to her God, her husband, and her country, refuse to take her seat on the throne from which her father had just been hurled, should have been sad, or at least serious. Mary was not merely in high, but in extravagant, spirits. She entered Whitehall, it was asserted, with a girlish delight at being mistress of so fine a house, ran about the rooms, peeped into the closets, and examined the quilt of the state bed, without seeming to remember by whom those magnificent apartments had last been occupied. Burnet, who had, till then, thought her an angel in human form, could not, on this occasion, refrain from blaming her. He was the more astonished because, when he took leave of her at the Hague, she had, though fully convinced that she was in the path of duty, been deeply dejected. To him, as to her spiritual guide, she afterwards explained her conduct. William had written to inform her that some of those who had tried to separate her interest from his still continued their machinations: they gave it out that she thought herself wronged; and, if she wore a gloomy countenance, the report would be confirmed. He therefore intreated her to make her first appearance with an air of cheerfulness. Her heart, she said, was far indeed from cheerful; but she had done her best; and, as she was afraid of not sustaining well a part which was uncongenial to her feelings, she had overacted it. Her deportment was the subject of reams of scurrility in prose and verse: it lowered her in the opinion of some whose esteem she valued; nor did the world know, till she was beyond the reach of praise and censure, that the conduct which had brought on her the reproach of levity and insensibility was really a signal instance of that perfect disinterestedness and selfdevotion of which man seems to be incapable, but which is sometimes found in woman.673
On the morning of Wednesday, the thirteenth of February, the court of Whitehall and all the neighbouring streets were filled with gazers. The magnificent Banqueting House, the masterpiece of Inigo, embellished by masterpieces of Rubens, had been prepared for a great ceremony. The walls were lined by the yeomen of the guard. Near the northern door, on the right hand, a large number of Peers had assembled. On the left were the Commons with their Speaker, attended by the mace. The southern door opened: and the Prince and Princess of Orange, side by side, entered, and took their place under the canopy of state.
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