The Bill of Rights contained some provisions which deserve special mention. The Convention had resolved that it was contrary to the interest of the kingdom to be governed by a Papist, but had prescribed no test which could ascertain whether a prince was or was not a Papist. The defect was now supplied. It was enacted that every English sovereign should, in full Parliament, and at the coronation, repeat and subscribe the Declaration against Transubstantiation.
It was also enacted that no person who should marry a Papist should be capable of reigning in England, and that, if the Sovereign should marry a Papist, the subject should be absolved from allegiance. Burnet boasts that this part of the Bill of Rights was his work. He had little reason to boast: for a more wretched specimen of legislative workmanship will not easily be found. In the first place, no test is prescribed. Whether the consort of a Sovereign has taken the oath of supremacy, has signed the declaration against transubstantiation, has communicated according to the ritual of the Church of England, are very simple issues of fact. But whether the consort of a Sovereign is or is not a Papist is a question about which people may argue for ever. What is a Papist? The word is not a word of definite signification either in law or in theology. It is merely a popular nickname, and means very different things in different mouths. Is every person a Papist who is willing to concede to the Bishop of Rome a primacy among Christian prelates? If so, James the First, Charles the First, Laud, Heylyn, were Papists, [522] Or is the appellation to be confined to persons who hold the ultramontane doctrines touching the authority of the Holy See? If so, neither Bossuet nor Pascal was a Papist.
What again is the legal effect of the words which absolve the subject from his allegiance? Is it meant that a person arraigned for high treason may tender evidence to prove that the Sovereign has married a Papist? Would Whistlewood, for example, have been entitled to an acquittal, if he could have proved that King George the Fourth had married Mrs. Fitzherbert, and that Mrs. Fitzherbert was a Papist? It is not easy to believe that any tribunal would have gone into such a question. Yet to what purpose is it to enact that, in a certain case, the subject shall be absolved from his allegiance, if the tribunal before which he is tried for a violation of his allegiance is not to go into the question whether that case has arisen?
The question of the dispensing power was treated in a very different manner, was fully considered, and was finally settled in the only way in which it could be settled. The Declaration of Right had gone no further than to pronounce that the dispensing power, as of late exercised, was illegal. That a certain dispensing power belonged to the Crown was a proposition sanctioned by authorities and precedents of which even Whig lawyers could not speak without respect; but as to the precise extent of this power hardly any two jurists were agreed; and every attempt to frame a definition had failed. At length by the Bill of Rights the anomalous prerogative which had caused so many fierce disputes was absolutely and for ever taken away, [523]
In the House of Commons there was, as might have been expected, a series of sharp debates on the misfortunes of the autumn. The negligence or corruption of the Navy Board, the frauds of the contractors, the rapacity of the captains of the King's ships, the losses of the London merchants, were themes for many keen speeches. There was indeed reason for anger. A severe inquiry, conducted by William in person at the Treasury, had just elicited the fact that much of the salt with which the meat furnished to the fleet had been cured had been by accident mixed with galls such as are used for the purpose of making ink. The victuallers threw the blame on the rats, and maintained that the provisions thus seasoned, though certainly disagreeable to the palate, were not injurious to health, [524] The Commons were in no temper to listen to such excuses. Several persons who had been concerned in cheating the government and poisoning the sailors were taken into custody by the Serjeant, [525] But no censure was passed on the chief offender, Torrington, nor does it appear that a single voice was raised against him. He had personal friends in both parties. He had many popular qualities. Even his vices were not those which excite public hatred. The people readily forgave a courageous openhanded sailor for being too fond of his bottle, his boon companions and his mistresses and did not sufficiently consider how great must be the perils of a country of which the safety depends on a man sunk in indolence, stupified by wine, enervated by licentiousness, ruined by prodigality, and enslaved by sycophants and harlots.
The sufferings of the army in Ireland called forth strong expressions of sympathy and indignation. The Commons did justice to the firmness and wisdom with which Schomberg had conducted the most arduous of all campaigns. That he had not achieved more was attributed chiefly to the villany of the Commissariat. The pestilence itself it was said, would have been no serious calamity if it had not been aggravated by the wickedness of man. The disease had generally spared those who had warm garments and bedding, and had swept away by thousands those who were thinly clad and who slept on the wet ground. Immense sums had been drawn out of the Treasury: yet the pay of the troops was in arrear. Hundreds of horses, tens of thousands of shoes, had been paid for by the public: yet the baggage was left behind for want of beasts to draw it; and the soldiers were marching barefoot through the mire. Seventeen hundred pounds had been charged to the government for medicines: yet the common drugs with which every apothecary in the smallest market town was provided were not to be found in the plaguestricken camp. The cry against Shales was loud. An address was carried to the throne, requesting that he might be sent for to England, and that his accounts and papers might be secured. With this request the King readily complied; but the Whig majority was not satisfied. By whom had Shales been recommended for so important a place as that of Commissary General? He had been a favourite at Whitehall in the worst times. He had been zealous for the Declaration of Indulgence. Why had this creature of James been entrusted with the business of catering for the army of William? It was proposed by some of those who were bent on driving all Tories and Trimmers from office to ask His Majesty by whose advice a man so undeserving of the royal confidence had been employed. The most moderate and judicious Whigs pointed out the indecency and impolicy of interrogating the King, and of forcing him either to accuse his ministers or to quarrel with the representatives of his people. "Advise His Majesty, if you will," said Somers, "to withdraw his confidence from the counsellors who recommended this unfortunate appointment. Such advice, given, as we should probably give it, unanimously, must have great weight with him. But do not put to him a question such as no private gentleman would willingly answer. Do not force him, in defence of his own personal dignity, to protect the very men whom you wish him to discard." After a hard fight of two days, and several divisions, the address was carried by a hundred and ninety five votes to a hundred and forty six, [526] The King, as might have been foreseen, coldly refused to turn informer; and the House did not press him further, [527] To another address, which requested that a Commission might be sent to examine into the state of things in Ireland, William returned a very gracious answer, and desired the Commons to name the Commissioners. The Commons, not to be outdone in courtesy, excused themselves, and left it to His Majesty's wisdom to select the fittest persons, [528]
In the midst of the angry debates on the Irish war a pleasing incident produced for a moment goodhumour and unanimity. Walker had arrived in London, and had been received there with boundless enthusiasm. His face was in every print shop. Newsletters describing his person and his demeanour were sent to every corner of the kingdom. Broadsides of prose and verse written in his praise were cried in every street. The Companies of London feasted him splendidly in their halls. The common people crowded to gaze on him wherever he moved, and almost stifled him with rough caresses. Both the Universities offered him the degree of Doctor of Divinity. Some of his admirers advised him to present himself at the palace in that military garb in which he had repeatedly headed the sallies of his fellow townsmen. But, with a better judgment than he sometimes showed, he made his appearance at Hampton Court in the peaceful robe of his profession, was most graciously received, and was presented with an order for five thousand pounds. "And do not think, Doctor," William said, with great benignity, "that I offer you this sum as payment for your services. I assure you that I consider your claims on me as not at all diminished." [529]
It is true that amidst the general applause the voice of detraction made itself heard. The defenders of Londonderry were men of two nations and of two religions. During the siege, hatred of the Irishry had held together all Saxons; and hatred of Popery had held together all Protestants. But, when the danger was over, the Englishman and the Scotchman, the Episcopalian and the Presbyterian, began to wrangle about the distribution of praises and rewards. The dissenting preachers, who had zealously assisted Walker in the hour of peril, complained that, in the account which he published of the siege, he had, though acknowledging that they had done good service, omitted to mention their names. The complaint was just; and, had it been made in language becoming Christians and gentlemen, would probably have produced a considerable effect on the public mind. But Walker's accusers in their resentment disregarded truth and decency, used scurrilous language, brought calumnious accusations which were triumphantly refuted, and thus threw away the advantage which they had possessed. Walker defended himself with moderation and candour. His friends fought his battle with vigour, and retaliated keenly on his assailants. At Edinburgh perhaps the public opinion might have been against him. But in London the controversy seems only to have raised his character. He was regarded as an Anglican divine of eminent merit, who, after having heroically defended his religion against an army of Popish Rapparees, was rabbled by a mob of Scotch Covenanters, [530]
He presented to the Commons a petition setting forth the destitute condition to which the widows and orphans of some brave men who had fallen during the siege were now reduced. The Commons instantly passed a vote of thanks to him, and resolved to present to the King an address requesting that ten thousand pounds might be distributed among the families whose sufferings had been so touchingly described. The next day it was rumoured about the benches that Walker was in the lobby. He was called in. The Speaker, with great dignity and grace, informed him that the House had made haste to comply with his request, commended him in high terms for having taken on himself to govern and defend a city betrayed by its proper governors and defenders, and charged him to tell those who had fought under him that their fidelity and valour would always be held in grateful remembrance by the Commons of England, [531]
About the same time the course of parliamentary business was diversified by another curious and interesting episode, which, like the former, sprang out of the events of the Irish war. In the preceding spring, when every messenger from Ireland brought evil tidings, and when the authority of James was acknowledged in every part of that kingdom, except behind the ramparts of Londonderry and on the banks of Lough Erne, it was natural that Englishmen should remember with how terrible an energy the great Puritan warriors of the preceding generation had crushed the insurrection of the Celtic race. The names of Cromwell, of Ireton, and of the other chiefs of the conquering army, were in many mouths. One of those chiefs, Edmund Ludlow, was still living. At twenty-two he had served as a volunteer in the parliamentary army; at thirty he had risen to the rank of Lieutenant General. He was now old; but the vigour of his mind was unimpaired. His courage was of the truest temper; his understanding strong, but narrow. What he saw he saw clearly: but he saw not much at a glance. In an age of perfidy and levity, he had, amidst manifold temptations and dangers, adhered firmly to the principles of his youth. His enemies could not deny that his life had been consistent, and that with the same spirit with which he had stood up against the Stuarts he had stood up against the Cromwells. There was but a single blemish on his fame: but that blemish, in the opinion of the great majority of his countrymen, was one for which no merit could compensate and which no time could efface. His name and seal were on the death warrant of Charles the First.