The History of England, from the Accession of James II — Volume 3

The severity of this last provision was generally and most justly blamed. To turn every ignorant meddling magistrate into a state inquisitor, to insist that a plain man, who lived peaceably, who obeyed the laws, who paid his taxes, who had never held and who did not expect ever to hold any office, and who had never troubled his head about problems of political philosophy, should declare, under the sanction of an oath, a decided opinion on a point about which the most learned Doctors of the age had written whole libraries of controversial books, and to send him to rot in a gaol if he could not bring himself to swear, would surely have been the height of tyranny. The clause which required public functionaries to abjure the deposed King was not open to the same objections. Yet even against this clause some weighty arguments were urged. A man, it was said, who has an honest heart and a sound understanding is sufficiently bound by the present oath. Every such man, when he swears to be faithful and to bear true allegiance to King William, does, by necessary implication, abjure King James. There may doubtless be among the servants of the State, and even among the ministers of the Church, some persons who have no sense of honour or religion, and who are ready to forswear themselves for lucre. There may be others who have contracted the pernicious habit of quibbling away the most sacred obligations of morality, and who have convinced themselves that they can innocently make, with a mental reservation, a promise which it would be sinful to make without such a reservation. Against these two classes of Jacobites it is true that the present test affords no security. But will the new test, will any test, be more efficacious? Will a person who has no conscience, or a person whose conscience can be set at rest by immoral sophistry, hesitate to repeat any phrase that 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 did not justly appreciate his policy, so much the worse for them. He had discharged his duty by them. He feared no obloquy; and he wanted no thanks.

On the twentieth of May the Act of Grace was passed. The King then informed the Houses that his visit to Ireland could no longer be delayed, that he had therefore determined to prorogue them, and that, unless some unexpected emergency made their advice and assistance necessary to him, he should not call them again from their homes till the next winter. "Then," he said, "I hope, by the blessing of God, we shall have a happy meeting."

The Parliament had passed an Act providing that, whenever he should go out of England, it should be lawful for Mary to administer the government of the kingdom in his name and her own. It was added that he should nevertheless, during his absence, retain all his authority. Some objections were made to this arrangement. Here, it was said, were two supreme Powers in one State. A public functionary might receive diametrically opposite orders from the King and the Queen, and might not know which to obey. The objection was, beyond all doubt, speculatively just; but there was such perfect confidence and affection, between the royal pair that no practical inconvenience was to be apprehended, 619

As far as Ireland was concerned, the prospects of William were much more cheering than they had been a few months earlier. The activity with which he had personally urged forward the preparations for the next campaign had produced an extraordinary effect. The nerves of the government were new strung. In every department of the military administration the influence of a vigorous mind was perceptible. Abundant supplies of food, clothing and medicine, very different in quality from those which Shales had furnished, were sent across Saint George's Channel. A thousand baggage waggons had been made or collected with great expedition; and, during some weeks, the road between London and Chester was covered with them. Great numbers of recruits were sent to fill the chasms which pestilence had made in the English ranks. Fresh regiments from Scotland, Cheshire, Lancashire, and Cumberland had landed in the Bay of Belfast. The uniforms and arms of the new corners clearly indicated the potent influence of the master's eye. With the British battalions were interspersed several hardy bands of German and Scandinavian mercenaries. Before the end of May. the English force in Ulster amounted to thirty thousand fighting men. A few more troops and an immense quantity of military stores were on board of a fleet which lay in the estuary of the Dee, and which was ready to weigh anchor as soon as the King was on board, 620

James ought to have made an equally good use of the time during which his army had been in winter quarters. Strict discipline and regular drilling might, in the interval between November and May, have turned the athletic and enthusiastic peasants who were assembled under his standard into good soldiers. But the opportunity was lost. The Court of Dublin was, during that season of inaction, busied with dice and claret, love letters and challenges. The aspect of the capital was indeed not very brilliant. The whole number of coaches which could be mustered there, those of the King and of the French Legation included, did not amount to forty, 621 But though there was little splendour there was much dissoluteness. Grave Roman Catholics shook their heads and said that the Castle did not look like the palace of a King who gloried in being the champion of the Church, 622 The military administration was as deplorable as ever. The cavalry indeed was, by the exertions of some gallant officers, kept in a high state of efficiency. But a regiment of infantry differed in nothing but name from a large gang of Rapparees. Indeed a gang of Rapparees gave less annoyance to peaceable citizens, and more annoyance to the enemy, than a regiment of infantry. Avaux strongly represented, in a memorial which he delivered to James, the abuses which made the Irish foot a curse and a scandal to Ireland. Whole companies, said the ambassador, quit their colours on the line of march and wander to right and left pillaging and destroying; the soldier takes no care of his arms; the officer never troubles himself to ascertain whether the arms are in good order; the consequence is that one man in every three has lost his musket, and that another man in every three has a musket that will not go off. Avaux adjured the King to prohibit marauding, to give orders that the troops should be regularly exercised, and to punish every officer who suffered his men to neglect their weapons and accoutrements. If these things were done, His Majesty might hope to have, in the approaching spring, an army with which the enemy would be unable to contend. This was good advice; but James was so far from taking it that he would hardly listen to it with patience. Before he had heard eight lines read he flew into a passion and accused the ambassador of exaggeration. "This paper, Sir," said Avaux, "is not written to be published. It is meant solely for Your Majesty's information; and, in a paper meant solely for Your Majesty's information, flattery and disguise would be out of place; but I will not persist in reading what is so disagreeable." "Go on," said James very angrily; "I will hear the whole." He gradually became calmer, took the memorial, and promised to adopt some of the suggestions which it contained. But his promise was soon forgotten, 623

His financial administration was of a piece with his military administration. His one fiscal resource was robbery, direct or indirect. Every Protestant who had remained in any part of the three southern provinces of Ireland was robbed directly, by the simple process of taking money out of his strong box, drink out of his cellars, fuel from his turf stack, and clothes from his wardrobe. He was robbed indirectly by a new issue of counters, smaller in size and baser in material than any which had yet borne the image and superscription of James. Even brass had begun to be scarce at Dublin; and it was necessary to ask assistance from Lewis, who charitably bestowed on his ally an old cracked piece of cannon to be coined into crowns and shillings, 624

But the French king had determined to send over succours of a very different kind. He proposed to take into his own service, and to form by the best discipline then known in the world, four Irish regiments. They were to be commanded by Macarthy, who had been severely wounded and taken prisoner at Newton Butler. His wounds had been healed; and he had regained his liberty by violating his parole. This disgraceful breach of faith he had made more disgraceful by paltry tricks and sophistical excuses which would have become a Jesuit better than a gentleman and a soldier. Lewis was willing that the Irish regiments should be sent to him in rags and unarmed, and insisted only that the men should be stout, and that the officers should not be bankrupt traders and discarded lacqueys, but, if possible, men of good family who had seen service. In return for these troops, who were in number not quite four thousand, he undertook to send to Ireland between seven and eight thousand excellent French infantry, who were likely in a day of battle to be of more use than all the kernes of Leinster, Munster and Connaught together, 625

One great error he committed. The army which he was sending to assist James, though small indeed when compared with the army of Flanders or with the army of the Rhine, was destined for a service on which the fate of Europe might depend, and ought therefore to have been commanded by a general of eminent abilities. There was no want of such generals in the French service. But James and his Queen begged hard for Lauzun, and carried this point against the strong representations of Avaux, against the advice of Louvois, and against the judgment of Lewis himself.

When Lauzun went to the cabinet of Louvois to receive instructions, the wise minister held language which showed how little confidence he felt in the vain and eccentric knight errant. "Do not, for God's sake, suffer yourself to be hurried away by your desire of fighting. Put all your glory in tiring the English out; and, above all things, maintain strict discipline." 626

Not only was the appointment of Lauzun in itself a bad appointment: but, in order that one man might fill a post for which he was unfit, it was necessary to remove two men from posts for which they were eminently fit. Immoral and hardhearted as Rosen and Avaux were, Rosen was a skilful captain, and Avaux was a skilful politician. Though it is not probable that they would have been able to avert the doom of Ireland, it is probable that they might have been able to protract the contest; and it was evidently for the interest of France that the contest should be protracted. But it would have been an affront to the old general to put him under the orders of Lauzun; and between the ambassador and Lauzun there was such an enmity that they could not be expected to act cordially together. Both Rosen and Avaux, therefore, were, with many soothing assurances of royal approbation and favour, recalled to France. They sailed from Cork early in the spring by the fleet which had conveyed Lauzun thither, 627 Lauzun had no sooner landed than he found that, though he had been long expected, nothing had been prepared for his reception. No lodgings had been provided for his men, no place of security for his stores, no horses, no carriages, 628 His troops had to undergo the hardships of a long march through a desert before they arrived at Dublin. At Dublin, indeed, they found tolerable accommodation. They were billeted on Protestants, lived at free quarter, had plenty of bread, and threepence a day. Lauzun was appointed Commander in Chief of the Irish army, and took up his residence in the Castle, 629 His salary was the same with that of the Lord Lieutenant, eight thousand Jacobuses, equivalent to ten thousand pounds sterling, a year. This sum James offered to pay, not in the brass which bore his own effigy, but in French gold. But Lauzun, among whose faults avarice had no place, refused to fill his own coffers from an almost empty treasury, 630

On him and on the Frenchmen who accompanied him the misery of the Irish people and the imbecility of the Irish government produced an effect which they found it difficult to describe. Lauzun wrote to Louvois that the Court and the whole kingdom were in a state not to be imagined by a person who had always lived in well governed countries. It was, he said, a chaos, such as he had read of in the book of Genesis. The whole business of all the public functionaries was to quarrel with each other, and to plunder the government and the people. After he had been about a month at the Castle, he declared that he would not go through such another month for all the world. His ablest officers confirmed his testimony, 631 One of them, indeed, was so unjust as to represent the people of Ireland not merely as ignorant and idle, which they were, but as hopelessly stupid and unfeeling, which they assuredly were not. The English policy, he said, had so completely brutalised them, that they could hardly be called human beings. They were insensible to praise and blame, to promises and threats. And yet it was pity of them; for they were physically the finest race of men in the world, 632

By this time Schomberg had opened the campaign auspiciously. He had with little difficulty taken Charlemont, the last important fastness which the Irish occupied in Ulster. But the great work of reconquering the three southern provinces of the island he deferred till William should arrive. William meanwhile was busied in making arrangements for the government and defence of England during his absence. He well knew that the Jacobites were on the alert. They had not till very lately been an united and organized faction. There had been, to use Melfort's phrase, numerous gangs, which were all in communication with James at Dublin Castle, or with Mary of Modena at Saint Germains, but which had no connection with each other and were unwilling to trust each other, 633 But since it had been known that the usurper was about to cross the sea, and that his sceptre would be left in a female hand, these gangs had been drawing close together, and had begun to form one extensive confederacy. Clarendon, who had refused the oaths, and, Aylesbury, who had dishonestly taken them, were among the chief traitors. Dartmouth, though he had sworn allegiance to the sovereigns who were in possession, was one of their most active enemies, and undertook what may be called the maritime department of the plot. His mind was constantly occupied by schemes, disgraceful to an English seaman, for the destruction of the English fleets and arsenals. He was in close communication with some naval officers, who, though they served the new government, served it sullenly and with half a heart; and he flattered himself that by promising these men ample rewards, and by artfully inflaming the jealous animosity with which they regarded the Dutch flag, he should prevail on them to desert and to carry their ships into some French or Irish port, 634