The History of England from the Accession of James the Second - Volume 3 - Thomas Babington Macaulay (e books for reading .TXT) 📗

import duties on raw silk, linen, timber, glass, and some other articles, were increased.799 Thus far there was little difference of opinion. But soon the smooth course of business was disturbed by a proposition which was much more popular than just or humane. Taxes of unprecedented severity had been imposed; and yet it might well be doubted whether these taxes would be sufficient. Why, it was asked, should not the cost of the Irish war be borne by the Irish insurgents? How those insurgents had acted in their mock Parliament all the world knew; and nothing could be more reasonable than to mete to them from their own measure. They ought to be treated as they had treated the Saxon colony. Every acre which the Act of Settlement had left them ought to be seized by the state for the purpose of defraying that expense which their turbulence and perverseness had made necessary. It is not strange that a plan which at once gratified national animosity, and held out the hope of pecuniary relief, should have been welcomed with eager delight. A bill was brought in which bore but too much resemblance to some of the laws passed by the Jacobite legislators of Dublin. By this bill it was provided that the property of every person who had been in rebellion against the King and Queen since the day on which they were proclaimed should be confiscated, and that the proceeds should be applied to the support of the war. An exception was made in favour of such Protestants as had merely submitted to superior force; but to Papists no indulgence was shown. The royal prerogative of clemency was limited. The King might indeed, if such were his pleasure, spare the lives of his vanquished enemies; but he was not to be permitted to save any part of their estates from the general doom. He was not to have it in his power to grant a capitulation which should secure to Irish Roman Catholics the enjoyment of their hereditary lands. Nay, he was not to be allowed to keep faith with persons whom he had already received to mercy, who had kissed his hand, and had heard from his lips the promise of protection. An attempt was made to insert a proviso in favour of Lord Dover. Dover, who, with all his faults, was not without some English feelings, had, by defending the interests of his native country at Dublin, made himself odious to both the Irish and the French. After the battle of the Boyne his situation was deplorable. Neither at Limerick nor at Saint Germains could he hope to be welcomed. In his despair, he threw himself at William's feet, promised to live peaceably, and was graciously assured that he had nothing to fear. Though the royal word seemed to be pledged to this unfortunate man, the Commons resolved, by a hundred and nineteen votes to a hundred and twelve, that his property should not be exempted from the general confiscation.

The bill went up to the Peers, but the Peers were not inclined to pass it without considerable amendments; and such amendments there was not time to make. Numerous heirs at law, reversioners, and creditors implored the Upper House to introduce such provisoes as might secure the innocent against all danger of being involved in the punishment of the guilty. Some petitioners asked to be heard by counsel. The King had made all his arrangements for a voyage to the Hague; and the day beyond which he could not postpone his departure drew near. The bill was therefore, happily for the honour of English legislation, consigned to that dark repository in which the abortive statutes of many generations sleep a sleep rarely disturbed by the historian or the antiquary.800

Another question, which slightly and but slightly discomposed the tranquillity of this short session, arose out of the disastrous and disgraceful battle of Beachy Head. Torrington had, immediately after that battle, been sent to the Tower, and had ever since remained there. A technical difficulty had arisen about the mode of bringing him to trial. There was no Lord High Admiral; and whether the Commissioners of the Admiralty were competent to execute martial law was a point which to some jurists appeared not perfectly clear. The majority of the judges held that the Commissioners were competent; but, for the purpose of removing all doubt, a bill was brought into the Upper House; and to this bill several Lords offered an opposition which seems to have been most unreasonable. The proposed law, they said, was a retrospective penal law, and therefore objectionable. If they used this argument in good faith, they were ignorant of the very rudiments of the science of legislation. To make a law for punishing that which, at the time when it was done, was not punishable, is contrary to all sound principle. But a law which merely alters the criminal procedure may with perfect propriety be made applicable to past as well as to future offences. It would have been the grossest injustice to give a retrospective operation to the law which made slavetrading felony. But there was not the smallest injustice in enacting that the Central Criminal Court should try felonies committed long before that Court was in being. In Torrington's case the substantive law continued to be what it had always been. The definition of the crime, the amount of the penalty, remained unaltered. The only change was in the form of procedure; and that change the legislature was perfectly justified in making retrospectively.

It is indeed hardly possible to believe that some of those who opposed the bill were duped by the fallacy of which they condescended to make use. The feeling of caste was strong among the Lords. That one of themselves should be tried for his life by a court composed of plebeians seemed to them a degradation of their whole order. If their noble brother had offended, articles of impeachment ought to be exhibited against him: Westminster Hall ought to be fitted up: his peers ought to meet in their robes, and to give in their verdict on their honour; a Lord High Steward ought to pronounce the sentence and to break the staff. There was an end of privilege if an Earl was to be doomed to death by tarpaulins seated round a table in the cabin of a ship. These feelings had so much influence that the bill passed the Upper House by a majority of only two.801 In the Lower House, where the dignities and immunities of the nobility were regarded with no friendly feeling, there was little difference of opinion. Torrington requested to be heard at the bar, and spoke there at great length, but weakly and confusedly. He boasted of his services, of his sacrifices, and of his wounds. He abused the Dutch, the Board of Admiralty, and the Secretary of State. The bill, however, went through all its stages without a division.802

Early in December Torrington was sent under a guard down the river to Sheerness. There the Court Martial met on board of a frigate named the Kent. The investigation lasted three days; and during those days the ferment was great in London. Nothing was heard of on the exchange, in the coffeehouses, nay even at the church doors, but Torrington. Parties ran high; wagers to an immense amount were depending; rumours were hourly arriving by land and water, and every rumour was exaggerated and distorted by the way. From the day on which the news of the ignominious battle arrived, down to the very eve of the trial, public opinion had been very unfavourable to the prisoner. His name, we are told by contemporary pamphleteers, was hardly ever mentioned without a curse. But, when the crisis of his fate drew nigh, there was, as in our country there often is, a reaction. All his merits, his courage, his good nature, his firm adherence to the Protestant religion in the evil times, were remembered. It was impossible to deny that he was sunk in sloth and luxury, that he neglected the most important business for his pleasures, and that he could not say No to a boon companion or to a mistress; but for these faults excuses and soft names were found. His friends used without scruple all the arts which could raise a national feeling in his favour; and these arts were powerfully assisted by the intelligence that the hatred which was felt towards him in Holland bad vented itself in indignities to some of his countrymen. The cry was that a bold, jolly, freehanded English gentleman, of whom the worst that could be said was that he liked wine and women, was to be shot in order to gratify the spite of the Dutch. What passed at the trial tended to confirm the populace in this notion. Most of the witnesses against the prisoner were Dutch officers. The Dutch real admiral, who took on himself the part of prosecutor, forgot himself so far as to accuse the judges of partiality. When at length, on the evening of the third day, Torrington was pronounced not guilty, many who had recently clamoured for his blood seemed to be well pleased with his acquittal. He returned to London free, and with his sword by his side. As his yacht went up the Thames, every ship which he passed saluted him. He took his seat in the House of Lords, and even ventured to present himself at court. But most of the peers looked coldly on him; William would not see him, and ordered him to be dismissed from the service.803

There was another subject about which no vote was passed by either of the Houses, but about which there is reason to believe that some acrimonious discussion took place in both. The Whigs, though much less violent than in the preceding year, could not patiently see Caermarthen as nearly prime minister as any English subject could be under a prince of William's character. Though no man had taken a more prominent part in the Revolution than the Lord President, though no man had more to fear from a counterrevolution, his old enemies would not believe that he had from his heart renounced those arbitrary doctrines for which he had once been zealous, or that he could bear true allegiance to a government sprung from resistance. Through the last six months of 1690 he was mercilessly lampooned. Sometimes he was King Thomas and sometimes Tom the Tyrant.804 William was adjured not to go to the Continent leaving his worst enemy close to the ear of the Queen. Halifax, who had, in the preceding year, been ungenerously and ungratefully persecuted by the Whigs, was now mentioned by them with respect and regret; for he was the enemy of their enemy.805 The face, the figure, the bodily infirmities of Caermarthen, were ridiculed.806 Those dealings with the French Court in which, twelve years before, he had, rather by his misfortune than by his fault, been implicated, were represented in the most odious colours. He was reproached with his impeachment and his imprisonment. Once, it was said, he had escaped; but vengeance might still overtake him, and London might enjoy the long deferred pleasure of seeing the old traitor flung off the ladder in the blue riband which he disgraced. All the members of his family, wife, son, daughters, were assailed with savage invective and contemptuous sarcasm.807 All who were supposed to be closely connected with him by political ties came in for a portion of this abuse; and none had so large a portion as Lowther. The feeling indicated by these satires was strong among the Whigs in Parliament. Several of them deliberated on a plan of attack, and were in hopes that they should be able to raise such a storm as would make it impossible for him to remain at