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

you can dictate? The former will kiss the book without any scruple at all. The scruples of the latter will be very easily removed. He now swears allegiance to one King with a mental reservation. He will then abjure the other King with a mental reservation. Do not flatter yourselves that the ingenuity of lawgivers will ever devise an oath which the ingenuity of casuists will not evade. What indeed is the value of any oath in such a matter? Among the many lessons which the troubles of the last generation have left us none is more plain than this, that no form of words, however precise, no imprecation, however awful, ever saved, or ever will save, a government from destruction, Was not the Solemn League and Covenant burned by the common hangman amidst the huzzas of tens of thousands who had themselves subscribed it? Among the statesmen and warriors who bore the chief part in restoring Charles the Second, how many were there who had not repeatedly abjured him? Nay, is it not well known that some of those persons boastfully affirmed that, if they had not abjured him, they never could have restored him?

The debates were sharp; and the issue during a short time seemed doubtful; for some of the Tories who were in office were unwilling to give a vote which might be thought to indicate that they were lukewarm in the cause of the King whom they served. William, however, took care to let it be understood that he had no wish to impose a new test on his subjects. A few words from him decided the event of the conflict. The bill was rejected thirty-six hours after it had been brought in by a hundred and ninety-two votes to a hundred and sixty-five.613

Even after this defeat the Whigs pertinaciously returned to the attack. Having failed in one House they renewed the battle in the other. Five days after the Abjuration Bill had been thrown out in the Commons, another Abjuration Bill, somewhat milder, but still very severe, was laid on the table of the Lords.614 What was now proposed was that no person should sit in either House of Parliament or hold any office, civil, military, or judicial, without making a declaration that he would stand by William and Mary against James and James's adherents. Every male in the kingdom who had attained the age of sixteen was to make the same declaration before a certain day. If he failed to do so he was to pay double taxes and to be incapable of exercising the elective franchise.

On the day fixed for the second reading, the King came down to the House of Peers. He gave his assent in form to several laws, unrobed, took his seat on a chair of state which had been placed for him, and listened with much interest to the debate. To the general surprise, two noblemen who had been eminently zealous for the Revolution spoke against the proposed test. Lord Wharton, a Puritan who had fought for the Long Parliament, said, with amusing simplicity, that he was a very old man, that he had lived through troubled times, that he had taken a great many oaths in his day, and that he was afraid that he had not kept them all. He prayed that the sin might not be laid to his charge; and he declared that he could not consent to lay any more snares for his own soul and for the souls of his neighbours. The Earl of Macclesfield, the captain of the English volunteers who had accompanied William from Helvoetsluys to Torbay, declared that he was much in the same case with Lord Wharton. Marlborough supported the bill. He wondered, he said, that it should be opposed by Macclesfield, who had borne so preeminent a part in the Revolution. Macclesfield, irritated by the charge of inconsistency, retorted with terrible severity: "The noble Earl," he said, "exaggerates the share which I had in the deliverance of our country. I was ready, indeed, and always shall be ready, to venture my life in defence of her laws and liberties. But there are lengths to which, even for the sake of her laws and liberties, I could never go. I only rebelled against a bad King; there were those who did much more."

Marlborough, though not easily discomposed, could not but feel the edge of this sarcasm; William looked displeased; and the aspect of the whole House was troubled and gloomy. It was resolved by fifty-one votes to forty that the bill should be committed; and it was committed, but never reported. After many hard struggles between the Whigs headed by Shrewsbury and the Tories headed by Caermarthen, it was so much mutilated that it retained little more than its name, and did not seem to those who had introduced it to be worth any further contest.615

The discomfiture of the Whigs was completed by a communication from the King. Caermarthen appeared in the House of Lords bearing in his hand a parchment signed by William. It was an Act of Grace for political offences.

Between an Act of Grace originating with the Sovereign and an Act of Indemnity originating with the Estates of the Realm there are some remarkable distinctions. An Act of Indemnity passes through all the stages through which other laws pass, and may, during its progress, be amended by either House. An Act of Grace is received with peculiar marks of respect, is read only once by the Lords and once by the Commons, and must be either rejected altogether or accepted as it stands.616 William had not ventured to submit such an Act to the preceding Parliament. But in the new Parliament he was certain of a majority. The minority gave no trouble. The stubborn spirit which had, during two sessions, obstructed the progress of the Bill of Indemnity had been at length broken by defeats and humiliations. Both Houses stood up uncovered while the Act of Grace was read, and gave their sanction to it without one dissentient voice.

There would not have been this unanimity had not a few great criminals been excluded from the benefits of the amnesty. Foremost among them stood the surviving members of the High Court of Justice which had sate on Charles the First. With these ancient men were joined the two nameless executioners who had done their office, with masked faces, on the scaffold before the Banqueting House. None knew who they were, or of what rank. It was probable that they had been long dead. Yet it was thought necessary to declare that, if even now, after the lapse of forty- one years, they should be discovered, they would still be liable to the punishment of their great crime. Perhaps it would hardly have been thought necessary to mention these men, if the animosities of the preceding generation had not been rekindled by the recent appearance of Ludlow in England. About thirty of the agents of the tyranny of James were left to the law. With these exceptions, all political offences, committed before the day on which the royal signature was affixed to the Act, were covered with a general oblivion.617 Even the criminals who were by name excluded had little to fear. Many of them were in foreign countries; and those who were in England were well assured that, unless they committed some new fault, they would not be molested.

The Act of Grace the nation owed to William alone; and it is one of his noblest and purest titles to renown. From the commencement of the civil troubles of the seventeenth century down to the Revolution, every victory gained by either party had been followed by a sanguinary proscription. When the Roundheads triumphed over the Cavaliers, when the Cavaliers triumphed over the Roundheads, when the fable of the Popish plot gave the ascendency to the Whigs, when the detection of the Rye House Plot transferred the ascendency to the Tories, blood, and more blood, and still more blood had flowed. Every great explosion and every great recoil of public feeling had been accompanied by severities which, at the time, the predominant faction loudly applauded, but which, on a calm review, history and posterity have condemned. No wise and humane man, whatever may be his political opinions, now mentions without reprehension the death either of Laud or of Vane, either of Stafford or of Russell. Of the alternate butcheries the last and the worst is that which is inseparably associated with the names of James and Jeffreys. But it assuredly would not have been the last, perhaps it might not have been the worst, if William had not had the virtue and the firmness resolutely to withstand the importunity of his most zealous adherents. These men were bent on exacting a terrible retribution for all they had undergone during seven disastrous years. The scaffold of Sidney, the gibbet of Cornish, the stake at which Elizabeth Gaunt had perished in the flames for the crime of harbouring a fugitive, the porches of the Somersetshire churches surmounted by the skulls and quarters of murdered peasants, the holds of those Jamaica ships from which every day the carcass of some prisoner dead of thirst and foul air had been flung to the sharks, all these things were fresh in the memory of the party which the Revolution had made, for a time, dominant in the State. Some chiefs of that party had redeemed their necks by paying heavy ransom. Others had languished long in Newgate. Others had starved and shivered, winter after winter, in the garrets of Amsterdam. It was natural that in the day of their power and prosperity they should wish to inflict some part of what they had suffered. During a whole year they pursued their scheme of revenge. They succeeded in defeating Indemnity Bill after Indemnity Bill. Nothing stood between them and their victims, but William's immutable resolution that the glory of the great deliverance which he had wrought should not be sullied by cruelty. His clemency was peculiar to himself. It was not the clemency of an ostentatious man, or of a sentimental man, or of an easy tempered man. It was cold, unconciliating, inflexible. It produced no fine stage effects. It drew on him the savage invectives of those whose malevolent passions he refused to satisfy. It won for him no gratitude from those who owed to him fortune, liberty and life. While the violent Whigs railed at his lenity, the agents of the fallen government, as soon as they found themselves safe, instead of acknowledging their obligations to him, reproached him in insulting language with the mercy which he had extended to them. His Act of Grace, they said, had completely refuted his Declaration. Was it possible to believe that, if there had been any truth in the charges which he had brought against the late government, he would have granted impunity to the guilty? It was now acknowledged by himself, under his own hand, that the stories by which he and his friends had deluded the nation and driven away the royal family were mere calumnies devised to serve a turn. The turn had been served; and the accusations by which he had inflamed the public mind to madness were coolly withdrawn.618 But none of these things moved him. He had done well. He had risked his popularity with men who had been his warmest admirers, in order to give repose and security to men by whom his name was never mentioned without a curse. Nor had he conferred a less benefit on those whom he had disappointed of their revenge than on those whom he had protected. If he had saved one faction from a proscription, he had saved the other from the reaction which such a proscription would inevitably have produced. If his people