Yet the Whigs, though suffering the just punishment of their errors, though defeated, disheartened, and disorganized, did not yield without an effort. They were still numerous among the traders and artisans of the towns, and among the yeomanry and peasantry of the open country. In some districts, in Dorsetshire for example, and in Somersetshire, they were the great majority of the population. In the remodelled boroughs they could do nothing: but, in every county where they had a chance, they struggled desperately. In Bedfordshire, which had lately been represented by the virtuous and unfortunate Russell, they were victorious on the show of hands, but were beaten at the poll. [258] In Essex they polled thirteen hundred votes to eighteen hundred. [259] At the election for Northamptonshire the common people were so violent in their hostility to the court candidate that a body of troops was drawn out in the marketplace of the county town, and was ordered to load with ball. [260] The history of the contest for Buckinghamshire is still more remarkable. The whig candidate, Thomas Wharton, eldest son of Philip Lord Wharton, was a man distinguished alike by dexterity and by audacity, and destined to play a conspicuous, though not always a respectable, part in the politics of several reigns. He had been one of those members of the House of Commons who had carried up the Exclusion Bill to the bar of the Lords. The court was therefore bent on throwing him out by fair or foul means. The Lord Chief Justice Jeffreys himself came down into Buckinghamshire, for the purpose of assisting a gentleman named Hacket, who stood on the high Tory interest. A stratagem was devised which, it was thought, could not fail of success. It was given out that the polling would take place at Ailesbury; and Wharton, whose skill in all the arts of electioneering was unrivalled, made his arrangements on that supposition. At a moment's warning the Sheriff adjourned the poll to Newport Pagnell. Wharton and his friends hurried thither, and found that Hacket, who was in the secret, had already secured every inn and lodging. The Whig freeholders were compelled to tie their horses to the hedges, and to sleep under the open sky in the meadows which surround the little town. It was with the greatest difficulty that refreshments could be procured at such short notice for so large a number of men and beasts, though Wharton, who was utterly regardless of money when his ambition and party spirit were roused, disbursed fifteen hundred pounds in one day, an immense outlay for those times. Injustice seems, however, to have animated the courage of the stouthearted yeomen of Bucks, the sons of the constituents of John Hampden. Not only was Wharton at the head of the poll; but he was able to spare his second votes to a man of moderate opinions, and to throw out the Chief Justice's candidate. [261]
In Cheshire the contest lasted six days. The Whigs polled about seventeen hundred votes, the Tories about two thousand. The common people were vehement on the Whig side, raised the cry of "Down with the Bishops," insulted the clergy in the streets of Chester, knocked down one gentleman of the Tory party, broke the windows and beat the constables. The militia was called out to quell the riot, and was kept assembled, in order to protect the festivities of the conquerors. When the poll closed, a salute of five great guns from the castle proclaimed the triumph of the Church and the Crown to the surrounding country. The bells rang. The newly elected members went in state to the City Cross, accompanied by a band of music, and by a long train of knights and squires. The procession, as it marched, sang "Joy to Great Caesar," a loyal ode, which had lately been written by Durfey, and which, though like all Durfey's writings, utterly contemptible, was, at that time, almost as popular as Lillibullero became a few years later. [262] Round the Cross the trainbands were drawn up in order: a bonfire was lighted: the Exclusion Bill was burned: and the health of King James was drunk with loud acclamations. The following day was Sunday. In the morning the militia lined the streets leading to the Cathedral. The two knights of the shire were escorted with great pomp to their choir by the magistracy of the city, heard the Dean preach a sermon, probably on the duty of passive obedience, and were afterwards feasted by the Mayor. [263]
In Northumberland the triumph of Sir John Fenwick, a courtier whose name afterwards obtained a melancholy celebrity, was attended by circumstances which excited interest in London, and which were thought not unworthy of being mentioned in the despatches of foreign ministers. Newcastle was lighted up with great piles of coal. The steeples sent forth a joyous peal. A copy of the Exclusion Bill, and a black box, resembling that which, according to the popular fable, contained the contract between Charles the Second and Lucy Walters, were publicly committed to the flames, with loud acclamations. [264]
The general result of the elections exceeded the most sanguine expectations of the court. James found with delight that it would be unnecessary for him to expend a farthing in buying votes. He Said that, with the exception of about forty members, the House of Commons was just such as he should himself have named. [265] And this House of Commons it was in his power, as the law then stood, to keep to the end of his reign.
Secure of parliamentary support, he might now indulge in the luxury of revenge. His nature was not placable; and, while still a subject, he had suffered some injuries and indignities which might move even a placable nature to fierce and lasting resentment. One set of men in particular had, with a baseness and cruelty beyond all example and all description, attacked his honour and his life, the witnesses of the plot. He may well be excused for hating them; since, even at this day, the mention of their names excites the disgust and horror of all sects and parties.
Some of these wretches were already beyond the reach of human justice. Bedloe had died in his wickedness, without one sign of remorse or shame. [266] Dugdale had followed, driven mad, men said, by the Furies of an evil conscience, and with loud shrieks imploring those who stood round his bed to take away Lord Stafford. [267] Carstairs, too, was gone. His end had been all horror and despair; and, with his last breath, he had told his attendants to throw him into a ditch like a dog, for that he was not fit to sleep in a Christian burial ground. [268] But Oates and Dangerfield were still within the reach of the stern prince whom they had wronged. James, a short time before his accession, had instituted a civil suit against Oates for defamatory words; and a jury had given damages to the enormous amount of a hundred thousand pounds. [269] The defendant had been taken in execution, and was lying in prison as a debtor, without hope of release. Two bills of indictment against him for perjury had been found by the grand jury of Middlesex, a few weeks before the death of Charles. Soon after the close of the elections the trial came on.
Among the upper and middle classes Oates had few friends left. The most respectable Whigs were now convinced that, even if his narrative had some foundation in fact, he had erected on that foundation a vast superstructure of romance. A considerable number of low fanatics, however, still regarded him as a public benefactor. These people well knew that, if he were convicted, his sentence would be one of extreme severity, and were therefore indefatigable in their endeavours to manage an escape. Though he was as yet in confinement only for debt, he was put into irons by the authorities of the King's Bench prison; and even so he was with difficulty kept in safe custody. The mastiff that guarded his door was poisoned; and, on the very night preceding the trial, a ladder of ropes was introduced into the cell.
On the day in which Titus was brought to the bar, Westminster Hall was crowded with spectators, among whom were many Roman Catholics, eager to see the misery and humiliation of their persecutor. [270] A few years earlier his short neck, his legs uneven, the vulgar said, as those of a badger, his forehead low as that of a baboon, his purple cheeks, and his monstrous length of chin, had been familiar to all who frequented the courts of law. He had then been the idol of the nation. Wherever he had appeared, men had uncovered their heads to him. The lives and estates of the magnates of the realm had been at his mercy. Times had now changed; and many, who had formerly regarded him as the deliverer of his country, shuddered at the sight of those hideous features on which villany seemed to be written by the hand of God. [271]
It was proved, beyond all possibility of doubt, that this man had by false testimony deliberately murdered several guiltless persons. He called in vain on the most eminent members of the Parliaments which had rewarded and extolled him to give evidence in his favour. Some of those whom he had summoned absented themselves. None of them said anything tending to his vindication. One of them, the Earl of Huntingdon, bitterly reproached him with having deceived the Houses and drawn on them the guilt of shedding innocent blood. The Judges browbeat and reviled the prisoner with an intemperance which, even in the most atrocious cases, ill becomes the judicial character. He betrayed, however, no sign of fear or of shame, and faced the storm of invective which burst upon him from bar, bench, and witness box, with the insolence of despair. He was convicted on both indictments. His offence, though, in a moral light, murder of the most aggravated kind, was, in the eye of the law, merely a misdemeanour. The tribunal, however, was desirous to make his punishment more severe than that of felons or traitors, and not merely to put him to death, but to put him to death by frightful torments. He was sentenced to be stripped of his clerical habit, to be pilloried in Palace Yard, to be led round Westminster Hall with an inscription declaring his infamy over his head, to be pilloried again in front of the Royal Exchange, to be whipped from Aldgate to Newgate, and, after an interval of two days, to be whipped from Newgate to Tyburn. If, against all probability, he should happen to survive this horrible infliction, he was to be kept close prisoner during life. Five times every year he was to be brought forth from his dungeon and exposed on the pillory in different parts of the capital. [272] This rigorous sentence was rigorously executed. On the day on which Oates was pilloried in Palace Yard he was mercilessly pelted and ran some risk of being pulled in pieces. [273] But in the City his partisans mustered in great force, raised a riot, and upset the pillory. [274] They were, however, unable to rescue their favourite. It was supposed that he would try to escape the horrible doom which awaited him by swallowing poison. All that he ate and drank was therefore carefully inspected. On the following morning he was brought forth to undergo his first flogging. At an early hour an innumerable multitude filled all the streets from Aldgate to the Old Bailey. The hangman laid on the lash with such unusual severity as showed that he had received special instructions. The blood ran down in rivulets. For a time the criminal showed a strange constancy: but at last his stubborn fortitude gave way. His bellowings were frightful to hear. He swooned several times; but the scourge still continued to descend. When he was unbound, it seemed that he had borne as much as the human frame can bear without dissolution. James was entreated to remit the second flogging. His answer was short and clear: "He shall go through with it, if he has breath in his body." An attempt was made to obtain the Queen's intercession; but she indignantly refused to say a word in favour of such a wretch. After an interval of only forty-eight hours, Oates was again brought out of his dungeon. He was unable to stand, and it was necessary to drag him to Tyburn on a sledge. He seemed quite insensible; and the Tories reported that he had stupified himself with strong drink. A person who counted the stripes on the second day said that they were seventeen hundred. The bad man escaped with life, but so narrowly that his ignorant and bigoted admirers thought his recovery miraculous, and appealed to it as a proof of his innocence. The doors of the prison closed upon him. During many months he remained ironed in the darkest hole of Newgate. It was said that in his cell he gave himself up to melancholy, and sate whole days uttering deep groans, his arms folded, and his hat pulled over his eyes. It was not in England alone that these events excited strong interest. Millions of Roman Catholics, who knew nothing of our institutions or of our factions, had heard that a persecution of singular barbarity had raged in our island against the professors of the true faith, that many pious men had suffered martyrdom, and that Titus Oates had been the chief murderer. There was, therefore, great joy in distant countries when it was known that the divine justice had overtaken him. Engravings of him, looking out from the pillory, and writhing at the cart's tail, were circulated all over Europe; and epigrammatists, in many languages, made merry with the doctoral title which he pretended to have received from the University of Salamanca, and remarked that, since his forehead could not be made to blush, it was but reasonable that his back should do so. [275]
Horrible as were the sufferings of Oates, they did not equal his crimes. The old law of England, which had been suffered to become obsolete, treated the false witness, who had caused death by means of perjury, as a murderer. [276] This was wise and righteous; for such a witness is, in truth, the worst of murderers. To the guilt of shedding innocent blood he has added the guilt of violating the most solemn engagement into which man can enter with his fellow men, and of making institutions, to which it is desirable that the public should look with respect and confidence, instruments of frightful wrong and objects of general distrust. The pain produced by ordinary murder bears no proportion to the pain produced by murder of which the courts of justice are made the agents. The mere extinction of life is a very small part of what makes an execution horrible. The prolonged mental agony of the sufferer, the shame and misery of all connected with him, the stain abiding even to the third and fourth generation, are things far more dreadful than death itself. In general it may be safely affirmed that the father of a large family would rather be bereaved of all his children by accident or by disease than lose one of them by the hands of the hangman. Murder by false testimony is therefore the most aggravated species of murder; and Oates had been guilty of many such murders. Nevertheless the punishment which was inflicted upon him cannot be justified. In sentencing him to be stripped of his ecclesiastical habit and imprisoned for life, the judges exceeded their legal power. They were undoubtedly competent to inflict whipping; nor had the law assigned a limit to the number of stripes. But the spirit of the law clearly was that no misdemeanour should be punished more severely than the most atrocious felonies. The worst felon could only be hanged. The judges, as they believed, sentenced Oates to be scourged to death. That the law was defective is not a sufficient excuse: for defective laws should be altered by the legislature, and not strained by the tribunals; and least of all should the law be strained for the purpose of inflicting torture and destroying life. That Oates was a bad man is not a sufficient excuse; for the guilty are almost always the first to suffer those hardships which are afterwards used as precedents against the innocent. Thus it was in the present case. Merciless flogging soon became an ordinary punishment for political misdemeanours of no very aggravated kind. Men were sentenced, for words spoken against the government, to pains so excruciating that they, with unfeigned earnestness, begged to be brought to trial on capital charges, and sent to the gallows. Happily the progress of this great evil was speedily stopped by the Revolution, and by that article of the Bill of Rights which condemns all cruel and unusual punishments.