Part 29

Charles, as usual, bent before the storm. In Danby (see LEEDS, 1ST DUKE OF) he found a minister whose views answered precisely to the views of the existing House of Commons. Like the Commons, Danby wished to silence both Roman Catholics and dissenters. Like the Commons, too, he wished to embark on a foreign policy hostile to France. But he served a master who regarded Louis less as a possible adversary than as a possible paymaster. Sometimes Danby was allowed to do as he liked, and the marriage of the duke of York's eldest daughter Mary to her cousin the prince of Orange was the most lasting result of his administration. More often he was obliged to follow where Charles led, and Charles was constantly ready to sell the neutrality of England for large sums of French gold. At last one of these negotiations was detected, and Danby, who was supposed to be the author instead of the unwilling instrument of the intrigue, was impeached. In order to save his minister, Charles dissolved parliament (1678). He could not have chosen a more unlucky time for his own quiet. The strong feeling against the Roman Catholics had been quickened into a flame by a great imposture. The inventors of the so-called popish plot charged the leading English Roman Catholics with a design to murder the king. Judges and juries alike were maddened with excitement, and listened greedily to the lies which poured forth from the lips of profligate informers. Innocent blood was shed in abundance.

The Exclusion Bill.

The excitement had its root in the uneasy feeling caused by the knowledge that the heir to the throne was a Roman Catholic. Three parliaments were summoned and dissolved. In each parliament the main question at issue between the Commons and the crown was the Exclusion Bill, by which the Commons sought to deprive the duke of York of his inheritance; and it was notorious that the leaders of the movement wished the crown to descend to the king's illegitimate son, the duke of Monmouth.

Whigs and Tories.

The principles by which the Commons were guided in these parliaments were very different from those which had prevailed in the first parliament of the Restoration. Those principles, to which that party adhered which about this time became known as the Tory party, had been formed under the influence of the terror caused by militant Puritanism. In the state the Tory inherited the ideas of Clarendon, and, without being at all ready to abandon the claims of parliaments, nevertheless somewhat inconsistently spoke of the king as ruling by a divine and indefeasible title, and wielding a power which it was both impious and unconstitutional to resist by force. In the church he inherited the ideas of Laud, and saw in the maintenance of the Act of Uniformity the safeguard of religion. But the hold of these opinions on the nation had been weakened with the cessation of the causes which had produced them. In 1680 twenty years had passed since the Puritan army had been disbanded. Many of Cromwell's soldiers had died, and most of them were growing old. The dissenters had shown no signs of engaging in plots or conspiracies. They were known to be only a comparatively small minority of the population, and though they had been cruelly persecuted, they had suffered without a thought of resistance. Dread of the dissenters, therefore, had become a mere chimaera, which only those could entertain whose minds were influenced by prejudice. On the other hand, dread of the Roman Catholics was a living force. Unless the law were altered a Roman Catholic would be on the throne, wielding all the resources of the prerogative, and probably supported by all the resources of the king of France. Hence the leading principle of the Whigs, as the predominant party was now called, was in the state to seek for the highest national authority in parliament rather than in the king, and in the church to adopt the rational theology of Chillingworth and Hales, whilst looking to the dissenters as allies against the Roman Catholics, who were the enemies of both.

Tory reaction.

Events were to show that it was a wise provision which led the Whigs to seek to exclude the duke of York from the throne. But their plan suffered under two faults, the conjunction of which was ruinous to them for the time. In the first place, their choice of Monmouth as the heir was infelicitous. Not only was he under the stain of illegitimacy, but his succession excluded the future succession of Mary, whose husband, the prince of Orange, was the hope of Protestant Europe. In the second place, drastic remedies are never generally acceptable when the evil to be remedied is still in the future. When, in the third of the short parliaments held at Oxford the Whigs rode armed into the city, the nation decided that the future danger of a Roman Catholic succession was incomparably less than the immediate danger of another civil war. Loyal addresses poured in to the king. For the four remaining years of his reign he ruled without summoning any parliament. Whigs were brought before prejudiced juries and partial judges. Their blood flowed on the scaffold. The charter of the city of London was confiscated. The reign of the Tories was unquestioned. Yet it was not quite what the reign of the Cavaliers had been in 1660. The violence of the Restoration had been directed primarily against Puritanism, and only against certain forms of government so far as they allowed Puritans to gain the upper hand. The violence of the Tories was directed against rebellion and disorder, and only against dissenters so far as they were believed to be the fomenters of disorder. Religious hatred had less part in the action of the ruling party, and even from its worst actions a wise man might have predicted that the day of toleration was not so far off as it seemed.

James II., 1685-1688.

The accession of James II. (1685) put the views of the opponents of the Exclusion Bill to the test. A new parliament was elected, almost entirely composed of decided Tories. A rebellion in Scotland, headed by the earl of Argyll, and a rebellion in England, headed by the duke of Monmouth, were easily suppressed. But the inherent difficulties of the king's position were not thereby overcome. It would have been hard, in days in which religious questions occupied so large a space in the field of politics, for a Roman Catholic sovereign to rule successfully over a Protestant nation. James set himself to make it, in his case, impossible. It may be that he did not consciously present to himself any object other than fair treatment for his co-religionists. On the one hand, however, he alienated even reasonable opponents by offering no guarantees that equality so gained would not be converted into superiority by the aid of his own military force and of the assistance of the French king; whilst on the other hand he relied, even more strongly than his father had done, on the technical legality which exalted the prerogative in defiance of the spirit of the law. He began by making use of the necessity of resisting Monmouth to increase his army, under the pretext of the danger of a repetition of the late rebellion; and in the regiments thus levied he appointed many Roman Catholic officers who had refused to comply with the Test Act. Rather than submit to the gentlest remonstrance, he prorogued parliament, and proceeded to obtain from the court of king's bench a judgment in favour of his right to dispense with all penalties due by law, in the same way that his grandfather had appealed to the judges in the matter of the post-nati. But not only was the question put by James II. of far wider import than the question put by James I., but he deprived the court to which he applied of all moral authority by previously turning out of office the judges who were likely to disagree with him, and by appointing new ones who were likely to agree with him. A court of high commission of doubtful legality was subsequently erected (1686) to deprive or suspend clergymen who made themselves obnoxious to the court, whilst James appointed Roman Catholics to the headship of certain colleges at Oxford. The legal support given him by judges of his own selection was fortified by the military support of an army collected at Hounslow Heath; and a Roman Catholic, the earl of Tyrconnel, was sent as lord-deputy to Ireland (1687) to organize a Roman Catholic army on which the king might fall back if his English forces proved insufficient for his purpose.

James's declaration of indulgence.

Trial of the seven bishops.

Thus fortified, James issued a declaration of indulgence (1687) granting full religious liberty to all his subjects. The belief, that the grant of liberty to all religions was only intended to serve as a cloak for the ascendancy of one, was so strong that the measure roused the opposition of all those who objected to see the king's will substituted for the law, even if they wished to see the Protestant dissenters tolerated. In spite of this opposition, the king thought it possible to obtain a parliamentary sanction for his declaration. The parliament to which he intended to appeal was, however, to be as different a body from the parliament which met in the first year of his reign as the bench of judges which had approved of the dispensing power had been different from the bench which existed at his accession. A large number of the borough members were in those days returned by the corporations, and the corporations were accordingly changed. But so thoroughly was the spirit of the country roused, that many even of the new corporations were set against James's declaration, and he had therefore to abandon for a time the hope of seeing it accepted even by a packed House of Commons. All, however, that he could do to give it force he did. He ordered the clergy to read it in all pulpits (1688). Seven bishops, who presented a petition asking him to relieve the clergy from the burthen of proclaiming what they believed to be illegal, were brought to trial for publishing a seditious libel. Their acquittal by a jury was the first serious blow to the system adopted by the king.

Revolution of 1688.

Another event which seemed likely to consolidate his power was in reality the signal of his ruin. The queen bore him a son. There was thus no longer a strong probability that the king would be succeeded at no great distance of time by a Protestant heir. Popular incredulity expressed itself in the assertion that, as James had attempted to gain his ends by means of a packed bench of judges and a packed House of Commons, he had now capped the series of falsifications by the production of a supposititious heir. The leaders of both parties combined to invite the prince of Orange to come to the rescue of the religion and laws of England. He landed on the 5th of November at Brixham. Before he could reach London every class of English society had declared in his favour. James was deserted even by his army. He fled to France, and a convention parliament, summoned without the royal writ, declared that his flight was equivalent to abdication, and offered the crown in joint sovereignty to William and Mary (1689).

IX. THE REVOLUTION AND THE AGE OF ANNE (1689-1714)

William III. and Mary II., 1689.

The Revolution, as it was called, was more than a mere change of sovereigns. It finally transferred the ultimate decision in the state from the king to parliament. What parliament had been in the 15th century with the House of Lords predominating, that parliament was to be again in the end of the 17th century with the House of Commons predominating. That House of Commons was far from resting on a wide basis of popular suffrage. The county voters were the freeholders; but in the towns, with some important exceptions, the electors were the richer inhabitants who formed the corporations of the boroughs, or a body of select householders more or less under the control of some neighbouring landowner. A House so chosen was an aristocratic body, but it was aristocratic in a far wider sense than the House of Lords was aristocratic. The trading and legal classes found their representation there by the side of the great owners of land. The House drew its strength from its position as a true representative of the effective strength of the nation in its social and economical organization.

Such was the body which firmly grasped the control over every branch of the administration. Limiting in the Bill of Rights the powers assumed by the crown, the Commons declared that the king could not keep a standing army in time of peace without consent of parliament; and they made that consent effectual, as far as legislation could go, by passing a Mutiny Act year by year for twelve months only, so as to prevent the crown from exercising military discipline without their authority. Behind these legal contrivances stood the fact that the army was organized in the same way as the nation was organized, being officered by gentlemen who had no desire to overthrow a constitution through which the class from which they sprung controlled the government. Strengthened by the cessation of any fear of military violence, the Commons placed the crown in financial dependence on themselves by granting a large part of the revenue only for a limited term of years, and by putting strictly in force their right of appropriating that revenue to special branches of expenditure.

Causes in favour of liberty.

The Toleration Act.

Such a revolution might have ended in the substitution of the despotism of a class for the despotism of a man. Many causes combined to prevent this result. The landowners, who formed the majority of the House, were not elected directly, as was the case with the nobility of the French states-general, by their own class, but by electors who, though generally loyal to them, would have broken off from them if they had attempted to make themselves masters of their fellow citizens. No less important was the almost absolute independence of the judges, begun at the beginning of the reign, by the grant of office to them during good behaviour instead of during the king's pleasure, and finally secured by the clause in the Act of Settlement in 1701, which protected them against dismissal except on the joint address of both Houses of Parliament. Such an improvement, however, finds its full counterpart in another great step already taken. The more representative a government becomes, the more necessary it is for the well-being of the nation that the expression of individual thought should be free in every direction. If it is not so, the government is inclined to proscribe unpopular opinion, and to forget that new opinions by which the greatest benefits are likely to be conferred are certain at first to be entertained by a very few, and are quite certain to be unpopular as soon as they come into collision with the opinions of the majority. In the middle ages the benefits of the liberation of thought from state control had been secured by the antagonism between church and state. The Tudor sovereigns had rightfully asserted the principle that in a well-ordered nation only one supreme power can be allowed to exist; but in so doing they had enslaved religion. It was fortunate that, just at the moment when parliamentary control was established over the state, circumstances should have arisen which made the majority ready to restore to the individual conscience that supremacy over religion which the medieval ecclesiastics had claimed for the corporation of the universal church. Dissenters had, in the main, stood shoulder to shoulder with churchmen in rejecting the suspicious benefits of James, and both gratitude and policy forbade the thought of replacing them under the heavy yoke which had been imposed on them at the Restoration. The exact mode in which relief should be afforded was still an open question. The idea prevalent with the more liberal minds amongst the clergy was that of comprehension--that is to say, of so modifying the prayers and ceremonies of the church as to enable the dissenters cheerfully to enter in. The scheme was one which had approved itself to minds of the highest order--to Sir Thomas More, to Bacon, to Hales and to Jeremy Taylor. It is one which, as long as beliefs are not very divergent, keeps up a sense of brotherhood overruling the diversity of opinion. It broke down, as it always will break down in practice, whenever the difference of belief is so strongly felt as to seek earnestly to embody itself in diversity of outward practice. The greater part of the clergy of the church felt that to surrender their accustomed formularies was to surrender somewhat of the belief which those formularies signified, while the dissenting clergy were equally reluctant to adopt the common prayer book even in a modified form. Hence the Toleration Act, which guaranteed the right of separate assemblies for worship outside the pale of the church, though it embodied the principles of Cromwell and Milton, and not those of Chillingworth and Hales, was carried without difficulty, whilst the proposed scheme of comprehension never had a chance of success (1689). The choice was one which posterity can heartily approve. However wide the limits of toleration be drawn, there will always be those who will be left outside. By religious liberty those inside gain as much as those who are without. From the moment of the passing of the Toleration Act, no Protestant in England performed any act of worship except by his own free and deliberate choice. The literary spokesman of the new system was Locke. His _Letters concerning Toleration_ laid down the principle which had been maintained by Cromwell, with a wider application than was possible in days when the state was in the hands of a mere minority only able to maintain itself in power by constant and suspicious vigilance.

One measure remained to place the dissenters in the position of full membership of the state. The Test Act excluded them from office. But the memory of the high-handed proceedings of Puritan rulers was still too recent to allow Englishmen to run the risk of a reimposition of their yoke, and this feeling, fanciful as it was, was sufficient to keep the Test Act in force for years to come.

Liberty of the press.

The complement of the Toleration Act was the abolition of the censorship of the press (1695). The ideas of the author of the _Areopagitica_ had at last prevailed. The attempt to fix certain opinions on the nation which were pleasing to those in power was abandoned by king and parliament alike. The nation, or at least so much of it as cared to read books or pamphlets on political subjects, was acknowledged to be the supreme judge, which must therefore be allowed to listen to what counsellors it pleased.

This new position of the nation made itself felt in various ways. It was William's merit that, fond as he was of power, he recognized the fact that he could not rule except so far as he carried the goodwill of the nation with him. No doubt he was helped to an intelligent perception of the new situation by the fact that, as a foreigner, he cared far more for carrying on war successfully against France than for influencing the domestic legislation of a country which was not his own, and by the knowledge that the conduct of the struggle which lasted till he was able to treat with France on equal terms at Ryswick (1697) was fairly trusted to his hands. Nevertheless these years of war called for the united action of a national government, and in seeking to gain this support for himself, he hit upon an expedient which opened a new era in constitutional politics.

Beginning of cabinet government.

The supremacy of the House of Commons would have been an evil of no common magnitude, if it had made government impossible. Yet this was precisely what it threatened to do. Sometimes the dominant party in the House pressed with unscrupulous rancour upon its opponents. Sometimes the majority shifted from side to side as the House was influenced by passing gusts of passion or sympathy, so that, as it was said at the time, no man could foretell one day what the House would be pleased to do on the next. Against the first of these dangers William was to a great extent able to guard by the exercise of his right of dissolution, so as to appeal to the constituencies, which did not always share in the the passions of their representatives. But the second danger could not be met in this way. The only cure for waywardness is responsibility, and not only was this precisely what the Commons had not learned to feel, but it was that which it was impossible to make them feel directly. A body composed of several hundred members cannot carry on government with the requisite steadiness of action and clearness of insight. Such work can only fitly be entrusted to a few, and whenever difficult circumstances arise it is necessary that the action of those few be kept in harmony by the predominance of one. The scheme on which William hit, by the advice of the earl of Sunderland, was that which has since been known as cabinet government. He selected as his ministers the leading members of the two Houses who had the confidence of the majority of the House of Commons. In this way, the majority felt an interest in supporting the men who embodied their own opinions, and fell in turn under the influence of those who held them with greater prudence or ability than fell to the lot of the average members of the House. All that William doubtless intended was to acquire a ready instrument to enable him to carry on the war with success. In reality he had refounded, on a new basis, the government of England. His own personal qualities were such that he was able to dominate over any set of ministers; but the time would come when there would be a sovereign of inferior powers. Then the body of ministers would step into his place. The old rude arrangements of the middle ages had provided by frequent depositions that an inefficient sovereign should cease to rule, and those arrangements had been imitated in the cases of Charles I. and James II. Still the claim to rule had, at least from the time of Henry III., been derived from hereditary descent, and the interruption, however frequently it might occur, had been regarded as something abnormal, only to be applied where there was an absolute necessity to prevent the wielder of executive authority from setting at defiance the determined purpose of the nation. After the Revolution not only had the king's title been so changed as to make him more directly than ever dependent on the nation, but he now called into existence a body which derived its own strength from its conformity with the wishes of the representatives of the nation.

For the moment it seemed to be but a temporary expedient. When the war came to an end, the Whig party which had sustained William in his struggle with France split up. The dominant feeling of the House of Commons was no longer the desire to support the crown against a foreign enemy, but to make government as cheap as possible, leaving future dangers to the chances of the future. William had not so understood the new invention of a united ministry as binding him to take into his service a united ministry of men whom he regarded as fools and knaves. He allowed the Commons to reduce the army to a skeleton, to question his actions, and to treat him as if he were a cipher. But it was only by slow degrees that he was brought to acknowledge the necessity of choosing his ministers from amongst the men who had done these things.

The Spanish succession.