The History of England, from the Accession of James II — Volume 4

It was now decided that there had been treason, but not who was the traitor. Several keen debates followed. The Whigs tried to throw the blame on Killegrew and Delaval, who were Tories; the Tories did their best to make out that the fault lay with the Victualling Department, which was under the direction of Whigs. But the House of Commons has always been much more ready to pass votes of censure drawn in general terms than to brand individuals by name. A resolution clearing the Victualling Office was proposed by Montague, and carried, after a debate of two days, by a hundred and eighty-eight votes to a hundred and fifty-two. 491 But when the victorious party brought forward a motion inculpating the admirals, the Tories came up in great numbers from the country, and, after a debate which lasted from nine in the morning till near eleven at night, succeeded in saving their friends. The Noes were a hundred and seventy, and the Ayes only a hundred and sixty-one. Another attack was made a few days later with no better success. The Noes were a hundred and eighty-five, the Ayes only a hundred and seventy-five. The indefatigable and implacable Wharton was on both occasions tellers for the minority. 492

In spite of this check the advantage was decidedly with the Whigs; The Tories who were at the head of the naval administration had indeed escaped impeachment; but the escape had been so narrow that it was impossible for the King to employ them any longer. The advice of Sunderland prevailed. A new Commission of Admiralty was prepared; and Russell was named First Lord. He had already been appointed to the command of the Channel fleet.

His elevation made it necessary that Nottingham should retire. For, though it was not then unusual to see men who were personally and politically hostile to each other holding high offices at the same time, the relation between the First Lord of the Admiralty and the Secretary of State, who had charge of what would now be called the War Department, was of so peculiar a nature that the public service could not be well conducted without cordial cooperation between them; and between Nottingham and Russell such cooperation was not to be expected. "I thank you," William said to Nottingham, "for your services. I have nothing to complain of in your conduct. It is only from necessity that I part with you." Nottingham retired with dignity. Though a very honest man, he went out of office much richer than he had come in five years before. What were then considered as the legitimate emoluments of his place were great; he had sold Kensington House to the Crown for a large sum; and he had probably, after the fashion of that time, obtained for himself some lucrative grants. He laid out all his gains in purchasing land. He heard, he said, that his enemies meant to accuse him of having acquired wealth by illicit means. He was perfectly ready to abide the issue of an inquiry. He would not, as some ministers had done, place his fortune beyond the reach of the justice of his country. He would have no secret hoard. He would invest nothing in foreign funds. His property should all be such as could be readily discovered and seized. 493

During some weeks the seals which Nottingham had delivered up remained in the royal closet. To dispose of them proved no easy matter. They were offered to Shrewsbury, who of all the Whig leaders stood highest in the King's favour; but Shrewsbury excused himself, and, in order to avoid further importunity, retired into the country. There he soon received a pressing letter from Elizabeth Villiers. This lady had, when a girl, inspired William with a passion which had caused much scandal and much unhappiness in the little Court of the Hague. Her influence over him she owed not to her personal charms,—for it tasked all the art of Kneller to make her look tolerably on canvass,—not to those talents which peculiarly belong to her sex,—for she did not excel in playful talk, and her letters are remarkably deficient in feminine ease and grace—, but to powers of mind which qualified her to partake the cares and guide the counsels of statesmen. To the end of her life great politicians sought her advice. Even Swift, the shrewdest and most cynical of her contemporaries, pronounced her the wisest of women, and more than once sate, fascinated by her conversation, from two in the afternoon till near midnight. 494 By degrees the virtues and charms of Mary conquered the first place in her husband's affection. But he still, in difficult conjunctures, frequently applied to Elizabeth Villiers for advice and assistance. She now implored Shrewsbury to reconsider his determination, and not to throw away the opportunity of uniting the Whig party for ever. Wharton and Russell wrote to the same effect. In reply came flimsy and unmeaning excuses: "I am not qualified for a court life; I am unequal to a place which requires much exertion; I do not quite agree with any party in the State; in short, I am unfit for the world; I want to travel; I want to see Spain." These were mere pretences. Had Shrewsbury spoken the whole truth, he would have said that he had, in an evil hour, been false to the cause of that Revolution in which he had borne so great a part, that he had entered into engagements of which he repented, but from which he knew not how to extricate himself, and that, while he remained under those engagements, he was unwilling to enter into the service of the existing government. Marlborough, Godolphin and Russell, indeed, had no scruple about corresponding with one King while holding office under the other. But Shrewsbury had, what was wanting to Marlborough, Godolphin and Russell, a conscience, a conscience which indeed too often failed to restrain him from doing wrong, but which never failed to punish him. 495

In consequence of his refusal to accept the Seals, the ministerial arrangements which the King had planned were not carried into entire effect till the end of the session. Meanwhile the proceedings of the two Houses had been highly interesting and important.

Soon after the Parliament met, the attention of the Commons was again called to the state of the trade with India; and the charter which had just been granted to the Old Company was laid before them. They would probably have been disposed to sanction the new arrangement, which, in truth, differed little from that which they had themselves suggested not many months before, if the Directors had acted with prudence. But the Directors, from the day on which they had obtained their charter, had persecuted the interlopers without mercy, and had quite forgotten that it was one thing to persecute interlopers in the Eastern Seas, and another to persecute them in the port of London. Hitherto the war of the monopolists against the private trade had been generally carried on at the distance of fifteen thousand miles from England. If harsh things were done, the English did not see them done, and did not hear of them till long after they had been done; nor was it by any means easy to ascertain at Westminster who had been right and who had been wrong in a dispute which had arisen three or four years before at Moorshedabad or Canton. With incredible rashness the Directors determined, at the very moment when the fate of their company was in the balance, to give the people of this country a near view of the most odious features of the monopoly. Some wealthy merchants of London had equipped a fine ship named the Redbridge. Her crew was numerous, her cargo of immense value. Her papers had been made out for Alicant: but there was some reason to suspect that she was really bound for the countries lying beyond the Cape of Good Hope. She was stopped by the Admiralty, in obedience to an order which the Company obtained from the Privy Council, doubtless by the help of the Lord President. Every day that she lay in the Thames caused a heavy expense to the owners. The indignation in the City was great and general. The Company maintained that from the legality of the monopoly the legality of the detention necessarily followed. The public turned the argument round, and, being firmly convinced that the detention was illegal, drew the inference that the monopoly must be illegal too. The dispute was at the height when the Parliament met. Petitions on both sides were speedily laid on the table of the Commons; and it was resolved that these petitions should be taken into consideration by a Committee of the whole House. The first question on which the conflicting parties tried their strength was the choice of a chairman. The enemies of the Old Company proposed Papillon, once the closest ally and subsequently the keenest opponent of Child, and carried their point by a hundred and thirty-eight votes to a hundred and six. The Committee proceeded to inquire by what authority the Redbridge had been stopped. One of her owners, Gilbert Heathcote, a rich merchant and a stanch Whig, appeared at the bar as a witness. He was asked whether he would venture to deny that the ship had really been fitted out for the Indian trade. "It is no sin that I know of," he answered, "to trade with India; and I shall trade with India till I am restrained by Act of Parliament." Papillon reported that in the opinion of the Committee, the detention of the Redbridge was illegal. The question was then put, that the House would agree with the Committee. The friends of the Old Company ventured on a second division, and were defeated by a hundred and seventy-one votes to a hundred and twenty-five. 496

The blow was quickly followed up. A few days later it was moved that all subjects of England had equal right to trade to the East Indies unless prohibited by Act of Parliament; and the supporters of the Old Company, sensible that they were in a minority, suffered the motion to pass without a division. 497

This memorable vote settled the most important of the constitutional questions which had been left unsettled by the Bill of Rights. It has ever since been held to be the sound doctrine that no power but that of the whole legislature can give to any person or to any society an exclusive privilege of trading to any part of the world.

The opinion of the great majority of the House of Commons was that the Indian trade could be advantageously carried on only by means of a joint stock and a monopoly. It might therefore have been expected that the resolution which destroyed the monopoly of the Old Company would have been immediately followed by a law granting a monopoly to the New Company. No such law, however, was passed. The Old Company, though not strong enough to defend its own privileges, was able, with the help of its Tory friends, to prevent the rival association from obtaining similar privileges. The consequence was that, during some years, there was nominally a free trade with India. In fact, the trade still lay under severe restrictions. The private adventurer found indeed no difficulty in sailing from England; but his situation was as perilous as ever when he had turned the Cape of Good Hope. Whatever respect might be paid to a vote of the House of Commons by public functionaries in London, such a vote was, at Bombay or Calcutta, much less regarded than a private letter from Child; and Child still continued to fight the battle with unbroken spirit. He sent out to the factories of the Company orders that no indulgence should be shown to the intruders. For the House of Commons and for its resolutions he expressed the bitterest contempt. "Be guided by my instructions," he wrote, "and not by the nonsense of a few ignorant country gentlemen who have hardly wit enough to manage their own private affairs, and who know nothing at all about questions of trade." It appears that his directions were obeyed.

Every where in the East, during this period of anarchy, servant of the Company and the independent merchant waged war on each other, accused each other of piracy, and tried by every artifice to exasperate the Mogul government against each other. 498

The three great constitutional questions of the preceding year were, in this year, again brought under the consideration of Parliament. In the first week of the session, a Bill for the Regulation of Trials in cases of High Treason, a Triennial Bill, and a Place Bill were laid on the table of the House of Commons.

None of these bills became a law. The first passed the Commons, but was unfavourably received by the Peers. William took so much interest in the question that he came down to the House of Lords, not in his crown and robes, but in the ordinary dress of a gentleman, and sate through the whole debate on the second reading. Caermarthen spoke of the dangers to which the State was at that time exposed, and entreated his brethren not to give, at such a moment, impunity to traitors. He was powerfully supported by two eminent orators, who had, during some years, been on the uncourtly side of every question, but who, in this session, showed a disposition to strengthen the hands of the government, Halifax and Mulgrave. Marlborough, Rochester and Nottingham spoke for the bill; but the general feeling was so clearly against them that they did not venture to divide. It is probable, however, that the reasons urged by Caermarthen were not the reasons which chiefly swayed his hearers. The Peers were fully determined that the bill should not pass without a clause altering the constitution of the Court of the Lord High Steward: they knew that the Lower House was as fully determined not to pass such a clause; and they thought it better that what must happen at last should happen speedily, and without a quarrel. 499

The fate of the Triennial Bill confounded all the calculations of the best informed politicians of that time, and may therefore well seem extraordinary to us. During the recess, that bill had been described in numerous pamphlets, written for the most part by persons zealous for the Revolution and for popular principles of government, as the one thing needful, as the universal cure for the distempers of the State. On the first, second and third readings in the House of Commons no division took place. The Whigs were enthusiastic. The Tories seemed to be acquiescent. It was understood that the King, though he had used his Veto for the purpose of giving the Houses an opportunity of reconsidering the subject, had no intention of offering a pertinacious opposition to their wishes. But Seymour, with a cunning which long experience had matured, after deferring the conflict to the last moment, snatched the victory from his adversaries, when they were most secure. When the Speaker held up the bill in his hands, and put the question whether it should pass, the Noes were a hundred and forty-six, the Ayes only a hundred and thirty-six. 500 Some eager Whigs flattered themselves that their defeat was the effect of a surprise, and might be retrieved. Within three days, therefore, Monmouth, the most ardent and restless man in the whole party, brought into the Upper House a bill substantially the same with that which had so strangely miscarried in the Lower. The Peers passed this bill very expeditiously, and sent it down to the Commons. But in the Commons it found no favour. Many members, who professed to wish that the duration of parliaments should be limited, resented the interference of the hereditary branch of the legislature in a matter which peculiarly concerned the elective branch. The subject, they said, is one which especially belongs to us; we have considered it; we have come to a decision; and it is scarcely parliamentary, it is certainly most indelicate, in their Lordships, to call upon us to reverse that decision. The question now is, not whether the duration of parliaments ought to be limited, but whether we ought to submit our judgment to the authority of the Peers, and to rescind, at their bidding, what we did only a fortnight ago. The animosity with which the patrician order was regarded was inflamed by the arts and the eloquence of Seymour. The bill contained a definition of the words, "to hold a Parliament." This definition was scrutinised with extreme jealousy, and was thought by many, with very little reason, to have been framed for the purpose of extending the privileges, already invidiously great, of the nobility. It appears, from the scanty and obscure fragments of the debates which have come down to us, that bitter reflections were thrown on the general conduct, both political and judicial, of the Peers. Old Titus, though zealous for triennial parliaments, owned that he was not surprised at the ill humour which many gentlemen showed. "It is true," he said, "that we ought to be dissolved; but it is rather hard, I must own, that the Lords are to prescribe the time of our dissolution. The Apostle Paul wished to be dissolved; but, I doubt, if his friends had set him a day, he would not have taken it kindly of them." The bill was rejected by a hundred and ninety-seven votes to a hundred and twenty-seven. 501

The Place Bill, differing very little from the Place Bill which had been brought in twelve months before, passed easily through the Commons. Most of the Tories supported it warmly; and the Whigs did not venture to oppose it. It went up to the Lords, and soon came back completely changed. As it had been originally drawn, it provided that no member of the House of Commons, elected after the first of January, 1694, should accept any place of profit under the Crown, on pain of forfeiting his seat, and of being incapable of sitting again in the same Parliament. The Lords had added the words, "unless he be afterwards again chosen to serve in the same Parliament." These words, few as they were, sufficed to deprive the bill of nine tenths of its efficacy, both for good and for evil. It was most desirable that the crowd of subordinate public functionaries should be kept out of the House of Commons. It was most undesirable that the heads of the great executive departments should be kept out of that House. The bill, as altered, left that House open both to those who ought and to those who ought not to have been admitted. It very properly let in the Secretaries of State and the Chancellor of the Exchequer; but it let in with them Commissioners of Wine Licenses and Commissioners of the Navy, Receivers, Surveyors, Storekeepers, Clerks of the Acts and Clerks of the Cheque, Clerks of the Green Cloth and Clerks of the Great Wardrobe. So little did the Commons understand what they were about that, after framing a law, in one view most mischievous, and in another view most beneficial, they were perfectly willing that it should be transformed into a law quite harmless and almost useless. They agreed to the amendment; and nothing was now wanting but the royal sanction.

That sanction certainly ought not to have been withheld, and probably would not have been withheld, if William had known how unimportant the bill now was. But he understood the question as little as the Commons themselves. He knew that they imagined that they had devised a most stringent limitation of the royal power; and he was determined not to submit, without a struggle, to any such limitation. He was encouraged by the success with which he had hitherto resisted the attempts of the two Houses to encroach on his prerogative. He had refused to pass the bill which quartered the judges on his hereditary revenue; and the Parliament had silently acquiesced in the justice of the refusal. He had refused to pass the Triennial Bill; and the Commons had since, by rejecting two Triennial Bills, acknowledged that he had done well. He ought, however, to have considered that, on both these occasions, the announcement of his refusal was immediately followed by the announcement that the Parliament was prorogued. On both these occasions, therefore, the members had half a year to think and to grow cool before the next sitting. The case was now very different. The principal business of the session was hardly begun: estimates were still under consideration: bills of supply were still depending; and, if the Houses should take a fit of ill humour, the consequences might be serious indeed.

He resolved, however, to run the risk. Whether he had any adviser is not known. His determination seems to have taken both the leading Whigs and the leading Tories by surprise. When the Clerk had proclaimed that the King and Queen would consider of the bill touching free and impartial proceedings in Parliament, the Commons retired from the bar of the Lords in a resentful and ungovernable mood. As soon as the Speaker was again in his chair there was a long and tempestuous debate. All other business was postponed. All committees were adjourned. It was resolved that the House would, early the next morning, take into consideration the state of the nation. When the morning came, the excitement did not appear to have abated. The mace was sent into Westminster Hall and into the Court of Requests. All members who could be found were brought into the House. That none might be able to steal away unnoticed, the back door was locked, and the key laid on the table. All strangers were ordered to retire. With these solemn preparations began a sitting which reminded a few old men of some of the first sittings of the Kong Parliament. High words were uttered by the enemies of the government. Its friends, afraid of being accused of abandoning the cause of the Commons of England for the sake of royal favour, hardly ventured to raise their voices. Montague alone seems to have defended the King. Lowther, though high in office and a member of the cabinet, owned that there were evil influences at work, and expressed a wish to see the Sovereign surrounded by counsellors in whom the representatives of the people could confide. Harley, Foley and Howe carried every thing before them. A resolution, affirming that those who had advised the Crown on this occasion were public enemies, was carried with only two or three Noes. Harley, after reminding his hearers that they had their negative voice as the King had his, and that, if His Majesty refused then redress, they could refuse him money, moved that they should go up to the Throne, not, as usual, with a Humble Address, but with a Representation. Some members proposed to substitute the more respectful word Address: but they were overruled; and a committee was appointed to draw up the Representation.

Another night passed; and, when the House met again, it appeared that the storm had greatly subsided. The malignant joy and the wild hopes which the Jacobites had, during the last forty-eight hours, expressed with their usual imprudence, had incensed and alarmed the Whigs and the moderate Tories. Many members too were frightened by hearing that William was fully determined not to yield without an appeal to the nation. Such an appeal might have been successful: for a dissolution, on any ground whatever, would, at that moment, have been a highly popular exercise of the prerogative. The constituent bodies, it was well known, were generally zealous for the Triennial Bill, and cared comparatively little about the Place Bill. Many Tory members, therefore, who had recently voted against the Triennial Bill, were by no means desirous to run the risks of a general election. When the Representation which Harley and his friends had prepared was read, it was thought offensively strong. After being recommitted, shortened and softened, it was presented by the whole House. William's answer was kind and gentle; but he conceded nothing. He assured the Commons that he remembered with gratitude the support which he had on many occasions received from them, that he should always consider their advice as most valuable, and that he should look on counsellors who might attempt to raise dissension between him and his Parliament as his enemies but he uttered not a word which could be construed into an acknowledgment that he had used his Veto ill, or into a promise that he would not use it again.

The Commons on the morrow took his speech into consideration. Harley and his allies complained that the King's answer was no answer at all, threatened to tack the Place Bill to a money bill, and proposed to make a second representation pressing His Majesty to explain himself more distinctly. But by this time there was a strong reflux of feeling in the assembly. The Whigs had not only recovered from their dismay, but were in high spirits and eager for conflict. Wharton, Russell and Littleton maintained that the House ought to be satisfied with what the King had said. "Do you wish," said Littleton, "to make sport for your enemies? There is no want of them. They besiege our very doors. We read, as we come through the lobby, in the face and gestures of every nonjuror whom we pass, delight at the momentary coolness which has arisen between us and the King. That should be enough for us. We may be sure that we are voting rightly when we give a vote which tends to confound the hopes of traitors." The House divided. Harley was a teller on one side, Wharton on the other. Only eighty-eight voted with Harley, two hundred and twenty-nine with Wharton. The Whigs were so much elated by their victory that some of them wished to move a vote of thanks to William for his gracious answer; but they were restrained by wiser men. "We have lost time enough already in these unhappy debates," said a leader of the party. "Let us get to Ways and Means as fast as we can. The best form which our thanks can take is that of a money bill."