The Lords again took the amendments into consideration. During the last forty-eight hours, great exertions had been made in various quarters to avert a complete rupture between the Houses. The statesmen of the junto were far too wise not to see that it would be madness to continue the struggle longer. It was indeed necessary, unless the King and the Lords were to be of as little weight in the State as in 1648, unless the House of Commons was not merely to exercise a general control over the government, but to be, as in the days of the Rump, itself the whole government, the sole legislative chamber, the fountain from which were to flow all those favours which had hitherto been in the gift of the Crown, that a determined stand should be made. But, in order that such a stand might be successful, the ground must be carefully selected; for a defeat might be fatal. The Lords must wait for some occasion on which their privileges would be bound up with the privileges of all Englishmen, for some occasion on which the constituent bodies would, if an appeal were made to them, disavow the acts of the representative body; and this was not such an occasion. The enlightened and large minded few considered tacking as a practice so pernicious that it would be justified only by an emergency which would justify a resort to physical force. But, in the many, tacking, when employed for a popular end, excited little or no disapprobation. The public, which seldom troubles itself with nice distinctions, could not be made to understand that the question at issue was any other than this, whether a sum which was vulgarly estimated at millions, and which undoubtedly amounted to some hundreds of thousands, should be employed in paying the debts of the state and alleviating the load of taxation, or in making Dutchmen, who were already too rich, still richer. It was evident that on that question the Lords could not hope to have the country with them, and that, if a general election took place while that question was unsettled, the new House of Commons would be even more mutinous and impracticable than the present House. Somers, in his sick chamber, had given this opinion. Orford had voted for the bill in every stage. Montague, though no longer a minister, had obtained admission to the royal closet, and had strongly represented to the King the dangers which threatened the state. The King had at length consented to let it be understood that he considered the passing of the bill as on the whole the less of two great evils. It was soon clear that the temper of the Peers had undergone a considerable alteration since the preceding day. Scarcely any, indeed, changed sides. But not a few abstained from voting. Wharton, who had at first spoken powerfully for the amendments, left town for Newmarket. On the other hand, some Lords who had not yet taken their part came down to give a healing vote. Among them were the two persons to whom the education of the young heir apparent had been entrusted, Marlborough and Burnet. Marlborough showed his usual prudence. He had remained neutral while by taking a part he must have offended either the House of Commons or the King. He took a part as soon as he saw that it was possible to please both. Burnet, alarmed for the public peace, was in a state of great excitement, and, as was usual with him when in such a state, forgot dignity and decorum, called out "stuff" in a very audible voice while a noble Lord was haranguing in favour of the amendments, and was in great danger of being reprimanded at the bar or delivered over to Black Rod. The motion on which the division took place was that the House do adhere to the amendments. There were forty contents and thirty-seven not contents. Proxies were called; and the numbers were found to be exactly even. In the House of Lords there is no casting vote. When the numbers are even, the non contents have it. The motion to adhere had therefore been negatived. But this was not enough. It was necessary that an affirmative resolution should be moved to the effect that the House agreed to the bill without amendments; and, if the numbers should again be equal, this motion would also be lost. It was an anxious moment. Fortunately the Primate's heart failed him. He had obstinately fought the battle down to the last stage. But he probably felt that it was no light thing to take on himself, and to bring on his order, the responsibility of throwing the whole kingdom into confusion. He started up and hurried out of the House, beckoning to some of his brethren. His brethren followed him with a prompt obedience, which, serious as the crisis was, caused no small merriment. In consequence of this defection, the motion to agree was carried by a majority of five. Meanwhile the members of the other House had been impatiently waiting for news, and had been alternately elated and depressed by the reports which followed one another in rapid succession. At first it was confidently expected that the Peers would yield; and there was general good humour. Then came intelligence that the majority of the Lords present had voted for adhering to the amendments. "I believe," so Vernon wrote the next day, "I believe there was not one man in the House that did not think the nation ruined." The lobbies were cleared; the back doors were locked; the keys were laid on the table; the Serjeant at Arms was directed to take his post at the front door, and to suffer no member to withdraw. An awful interval followed, during which the angry passions of the assembly seemed to be subdued by terror. Some of the leaders of the opposition, men of grave character and of large property, stood aghast at finding that they were engaged,—they scarcely knew how,—in a conflict such as they had not at all expected, in a conflict in which they could be victorious only at the expense of the peace and order of society. Even Seymour was sobered by the greatness and nearness of the danger. Even Howe thought it advisable to hold conciliatory language. It was no time, he said, for wrangling. Court party and country party were Englishmen alike. Their duty was to forget all past grievances, and to cooperate heartily for the purpose of saving the country.
In a moment all was changed. A message from the Lords was announced. It was a message which lightened many heavy hearts. The bill had been passed without amendments.
The leading malecontents, who, a few minutes before, scared by finding that their violence had brought on a crisis for which they were not prepared, had talked about the duty of mutual forgiveness and close union, instantly became again as rancorous as ever. One danger, they said, was over. So far well. But it was the duty of the representatives of the people to take such steps as might make it impossible that there should ever again be such danger. Every adviser of the Crown, who had been concerned in the procuring or passing of any exorbitant grant, ought to be excluded from all access to the royal ear. A list of the privy councillors, furnished in conformity with the order made two days before, was on the table. That list the clerk was ordered to read. Prince George of Denmark and the Archbishop of Canterbury passed without remark. But, as soon as the Chancellor's name had been pronounced, the rage of his enemies broke forth. Twice already, in the course of that stormy session, they had attempted to ruin his fame and his fortunes; and twice his innocence and his calm fortitude had confounded all their politics. Perhaps, in the state of excitement to which the House had been wrought up, a third attack on him might be successful. Orator after orator declaimed against him. He was the great offender. He was responsible for all the grievances of which the nation complained. He had obtained exorbitant grants for himself. He had defended the exorbitant grants obtained by others. He had not, indeed, been able, in the late debates, to raise his own voice against the just demands of the nation. But it might well be suspected that he had in secret prompted the ungracious answer of the King and encouraged the pertinacious resistance of the Lords. Sir John Levison Gower, a noisy and acrimonious Tory, called for impeachment. But Musgrave, an abler and more experienced politician, saw that, if the imputations which the opposition had been in the habit of throwing on the Chancellor were exhibited with the precision of a legal charge, their futility would excite universal derision, and thought it more expedient to move that the House should, without assigning any reason, request the King to remove Lord Somers from His Majesty's counsels and presence for ever. Cowper defended his persecuted friend with great eloquence and effect; and he was warmly supported by many members who had been zealous for the resumption of the Irish grants. Only a hundred and six members went into the lobby with Musgrave; a hundred and sixty-seven voted against him. Such a division, in such a House of Commons, and on such a day, is sufficient evidence of the respect which the great qualities of Somers had extorted even from his political enemies.
The clerk then went on with the list. The Lord President and the Lord Privy Seal, who were well known to have stood up strongly for the privileges of the Lords, were reviled by some angry members; but no motion was made against either. And soon the Tories became uneasy in their turn; for the name of the Duke of Leeds was read. He was one of themselves. They were very unwilling to put a stigma on him. Yet how could they, just after declaiming against the Chancellor for accepting a very moderate and well earned provision, undertake the defence of a statesman who had, out of grants, pardons and bribes, accumulated a princely fortune? There was actually on the table evidence that His Grace was receiving from the bounty of the Crown more than thrice as much as had been bestowed on Somers; and nobody could doubt that His Grace's secret gains had very far exceeded those of which there was evidence on the table. It was accordingly moved that the House, which had indeed been sitting massy hours, should adjourn. The motion was lost; but neither party was disposed to move that the consideration of the list should be resumed. It was however resolved, without a division, that an address should be presented to the King, requesting that no person not a native of his dominions, Prince George excepted, might be admitted to the Privy Council either of England or of Ireland. The evening was now far spent. The candles had been some time lighted; and the House rose. So ended one of the most anxious, turbulent, and variously eventful days in the long Parliamentary History of England.
What the morrow would have produced if time had been allowed for a renewal of hostilities can only be guessed. The supplies had been voted. The King was determined not to receive the address which requested him to disgrace his dearest and most trusty friends. Indeed he would have prevented the passing of that address by proroguing Parliament on the preceding day, had not the Lords risen the moment after they had agreed to the Resumption Bill. He had actually come from Kensington to the Treasury for that purpose; and his robes and crown were in readiness. He now took care to be at Westminster in good time. The Commons had scarcely met when the knock of Black Rod was heard. They repaired to the other House. The bills were passed; and Bridgewater, by the royal command, prorogued the Parliament. For the first time since the Revolution the session closed without a speech from the throne. William was too angry to thank the Commons, and too prudent to reprimand them.
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The health of James had been during some years declining and he had at length, on Good Friday, 1701, suffered a shock from which he had never recovered. While he was listening in his chapel to the solemn service of the day, he fell down in a fit, and remained long insensible. Some people imagined that the words of the anthem which his choristers were chanting had produced in him emotions too violent to be borne by an enfeebled body and mind. For that anthem was taken from the plaintive elegy in which a servant of the true God, chastened by many sorrows and humiliations, banished, homesick, and living on the bounty of strangers, bewailed the fallen throne and the desolate Temple of Sion: "Remember, O Lord, what is come upon us; consider and behold our reproach. Our inheritance is turned to strangers, our houses to aliens; the crown is fallen from our head. Wherefore dose thou forget us for ever?"
The King's malady proved to be paralytic. Fagon, the first physician of the French Court, and, on medical questions, the oracle of all Europe, prescribed the waters of Bourbon. Lewis, with all his usual generosity, sent to Saint Germains ten thousand crowns in gold for the charges of the journey, and gave orders that every town along the road should receive his good brother with all the honours due to royalty. [21]
James, after passing some time at Bourbon, returned to the neighbourhood of Paris with health so far reestablished that he was able to take exercise on horseback, but with judgment and memory evidently impaired. On the thirteenth of September, he had a second fit in his chapel; and it soon became clear that this was a final stroke. He rallied the last energies of his failing body and mind to testify his firm belief in the religion for which he had sacrificed so much. He received the last sacraments with every mark of devotion, exhorted his son to hold fast to the true faith in spite of all temptations, and entreated Middleton, who, almost alone among the courtiers assembled in the bedchamber, professed himself a Protestant, to take refuge from doubt and error in the bosom of the one infallible Church. After the extreme unction had been administered, James declared that he pardoned all his enemies, and named particularly the Prince of Orange, the Princess of Denmark, and the Emperor. The Emperor's name he repeated with peculiar emphasis: "Take notice, father," he said to the confessor, "that I forgive the Emperor with all my heart." It may perhaps seem strange that he should have found this the hardest of all exercises of Christian charity. But it must be remembered that the Emperor was the only Roman Catholic Prince still living who had been accessory to the Revolution, and that James might not unnaturally consider Roman Catholics who had been accessory to the Revolution as more inexcusably guilty than heretics who might have deluded themselves into the belief that, in violating their duty to him, they were discharging their duty to God.
While James was still able to understand what was said to him, and make intelligible answers, Lewis visited him twice. The English exiles observed that the Most Christian King was to the last considerate and kind in the very slightest matters which concerned his unfortunate guest. He would not allow his coach to enter the court of Saint Germains, lest the noise of the wheels should be heard in the sick room. In both interviews he was gracious, friendly, and even tender. But he carefully abstained from saying anything about the future position of the family which was about to lose its head. Indeed he could say nothing, for he had not yet made up his own mind. Soon, however, it became necessary for him to form some resolution. On the sixteenth James sank into a stupor which indicated the near approach of death. While he lay in this helpless state, Madame de Maintenon visited his consort. To this visit many persons who were likely to be well informed attributed a long series of great events. We cannot wonder that a woman should have been moved to pity by the misery of a woman; that a devout Roman Catholic should have taken a deep interest in the fate of a family persecuted, as she conceived, solely for being Roman Catholics; or that the pride of the widow of Scarron should have been intensely gratified by the supplications of a daughter of Este and a Queen of England. From mixed motives, probably, the wife of Lewis promised her powerful protection to the wife of James.