Had this plan, with some modifications, been tried at an earlier period, in a more composed state of the public mind, and by a better sovereign, we are by no means certain that it might not have effected the purpose for which it was designed. The restraint imposed on the King by the Council of thirty, whom he had himself chosen, would have been feeble indeed when compared with the restraint imposed by Parliament. But it would have been more constant. It would have acted every year, and all the year round; and before the Revolution the sessions of Parliament were short and the recesses long. The advice of the Council would probably have prevented any very monstrous and scandalous measures; and would consequently have prevented the discontents which follow such measures, and the salutary laws which are the fruit of such discontents. We believe, for example, that the second Dutch war would never have been approved by such a Council as that which Temple proposed. We are quite certain that the shutting up of the Exchequer would never even have been mentioned in such a Council. The people, pleased to think that Lord Russell, Lord Cavendish, and Mr. Powle, unplaced and unpensioned, were daily representing their grievances and defending their rights in the Royal presence, would not have pined quite so much for the meeting of Parliaments. The Parliament, when it met, would have found fewer and less glaring abuses to attack. There would have been less misgovernment and less reform. We should not have been cursed with the Cabal, or blessed with the Habeas Corpus Act. In the mean time the Council, considered as an executive Council, would, unless some at least of its powers had been delegated to a smaller body, have been feeble, dilatory, divided, unfit for everything that requires secrecy and despatch, and peculiarly unfit for the administration of war.
The Revolution put an end, in a very different way, to the long contest between the King and the Parliament. From that time, the House of Commons has been predominant in the State. The Cabinet has really been, from that time, a committee nominated by the Crown out of the prevailing party in Parliament. Though the minority in the Commons are constantly proposing to condemn executive measures, or to call for papers which may enable the House to sit in judgment on such measures, these propositions are scarcely ever carried; and, if a proposition of this kind is carried against the Government, a change of Ministry almost necessarily follows. Growing and struggling power always gives more annoyance and is more unmanageable than established power. The House of Commons gave infinitely more trouble to the Ministers of Charles the Second than to any Ministers of later times; for, in the time of Charles the Second, the House was checking Ministers in whom it did not confide. Now that its ascendency is fully established, it either confides in Ministers or turns them out. This is undoubtedly a far better state of things than that which Temple wished to introduce. The modern Cabinet is a far better Executive Council than his. The worst House of Commons that has sate since the Revolution was a far more efficient check on misgovernment than his fifteen independent counsellors would have been. Yet, everything considered, it seems to us that his plan was the work of an observant, ingenious, and fertile mind.
On this occasion, as on every occasion on which he came prominently forward, Temple had the rare good fortune to please the public as well as the Sovereign. The general exultation was great when it was known that the old Council, made up of the most odious tools of power, was dismissed, that small interior committees, rendered odious by the recent memory of the Cabal, were to be disused, and that the King would adopt no measure till it had been discussed and approved by a body, of which one half consisted of independent gentlemen and noblemen, and in which such persons as Russell, Cavendish, and Temple himself had seats. Town and country were in a ferment of joy. The bells were rung; bonfires were lighted; and the acclamations of England were echoed by the Dutch, who considered the influence obtained by Temple as a certain omen of good for Europe. It is, indeed, much to the honour of his sagacity that every one of his great measures should, in such times, have pleased every party which he had any interest in pleasing. This was the case with the Triple Alliance, with the treaty which concluded the second Dutch war, with the marriage of the Prince of Orange, and, finally, with the institution of this new Council.
The only people who grumbled were those popular leaders of the House of Commons who were not among the Thirty; and, if our view of the measure be correct, they were precisely the people who had good reason to grumble. They were precisely the people whose activity and whose influence the new Council was intended to destroy.
But there was very soon an end of the bright hopes and loud applauses with which the publication of this scheme had been hailed. The perfidious levity of the King and the ambition of the chiefs of parties produced the instant, entire, and irremediable failure of a plan which nothing but firmness, public spirit, and self-denial on the part of all concerned in it could conduct to a happy issue. Even before the project was divulged, its author had already found reason to apprehend that it would fail. Considerable difficulty was experienced in framing the list of counsellors. There were two men in particular about whom the King and Temple could not agree, two men deeply tainted with the vices common to the English statesman of that age, but unrivalled in talents, address, and influence. These were the Earl of Shaftesbury, and George Savile Viscount Halifax.
It was a favourite exercise among the Greek sophists to write panegyrics on characters proverbial for depravity. One professor of rhetoric sent to Isocrates a panegyric on Busiris; and Isocrates himself wrote another which has come down to us. It is, we presume, from an ambition of the same kind that some writers have lately shown a disposition to eulogise Shaftesbury. But the attempt is vain. The charges against him rest on evidence not to be invalidated by any arguments which human wit can devise, or by any information which may be found in old trunks and escritoires.
It is certain that, just before the Restoration, he declared to the Regicides that he would be damned, body and soul, rather than suffer a hair of their heads to be hurt, and that, just after the Restoration, he was one of the judges who sentenced them to death. It is certain that he was a principal member of the most profligate Administration ever known, and that he was afterwards a principal member oft the most profligate Opposition ever known. It is certain that, in power, he did not scruple to violate the great fundamental principle of the Constitution, in order to exalt the Catholics, and that, out of power, he did not scruple to violate every principle of justice, in order to destroy them. There were in that age some honest men, such as William Penn, who valued toleration so highly that they would willingly have seen it established even by an illegal exertion of the prerogative. There were many honest men who dreaded arbitrary power so much that, on account of the alliance between Popery and arbitrary power, they were disposed to grant no toleration to Papists. On both those classes we look with indulgence, though we think both in the wrong. But Shaftesbury belonged to neither class. He united all that was worst in both. From the misguided friends of toleration he borrowed their contempt for the Constitution, and from the misguided friends of civil liberty their contempt for the rights of conscience. We never can admit that his conduct as a member of the Cabal was redeemed by his conduct as a leader of Opposition. On the contrary, his life was such that every part of it, as if by a skilful contrivance, reflects infamy on every other. We should never have known how abandoned a prostitute he was in place, if we had not known how desperate an incendiary he was out of it. To judge of him fairly, we must bear in mind that the Shaftesbury who, in office, was the chief author of the Declaration of Indulgence, was the same Shaftesbury who, out of office, excited and kept up the savage hatred of the rabble of London against the very class to whom that Declaration of Indulgence was intended to give illegal relief.
It is amusing to see the excuses that are made for him. We will give two specimens. It is acknowledged that he was one of the Ministry which made the alliance with France against Holland, and that this alliance was most pernicious. What, then, is the defence? Even this, that he betrayed his master’s counsels to the Electors of Saxony and Brandenburg, and tried to rouse all the Protestant powers of Germany to defend the States. Again, it is acknowledged that he was deeply concerned in the Declaration of Indulgence, and that his conduct on this occasion was not only unconstitutional, but quite inconsistent with the course which he afterwards took respecting the professors of the Catholic faith. What, then, is the defence? Even this, that he meant only to allure concealed Papists to avow themselves, and thus to become open marks for the vengeance of the public. As often as he is charged with one treason, his advocates vindicate him by confessing two. They had better leave him where they find him. For him there is no escape upwards. Every outlet by which he can creep out of his present position, is one which lets him down into a still lower and fouler depth of infamy. To whitewash an Ethiopian is a proverbially hopeless attempt; but to whitewash an Ethiopian by giving him a new coat of blacking is an enterprise more extraordinary still. That in the course of Shaftesbury’s dishonest and revengeful opposition to the Court he rendered one or two most useful services to his country we admit. And he is, we think, fairly entitled, if that be any glory, to have his name eternally associated with the Habeas Corpus Act in the same way in which the name of Henry the Eighth is associated with the reformation of the Church, and that of Jack Wilkes with the most sacred rights of electors.
While Shaftesbury was still living, his character was elaborately drawn by two of the greatest writers of the age, by Butler, with characteristic brilliancy of wit, by Dryden, with even more than characteristic energy and loftiness, by both with all the inspiration of hatred. The sparkling illustrations of Butler have been thrown into the shade by the brighter glory of that gorgeous satiric Muse, who comes sweeping by in sceptred pall, borrowed from her most august sisters. But the descriptions well deserve to be compared. The reader will at once perceive a considerable difference between Butler’s
“politician,