The History of England, from the Accession of James II — Volume 5

by Baron Thomas Babington Macaulay Macaulay

It was necessary to yield. All that remained was to put on the words of the resolution of the eleventh of December the most favourable sense that they could be made to bear. They did indeed admit of very different interpretations. The force which was actually in England in 1680 hardly amounted to five thousand men. But the garrison of Tangier and the regiments in the pay of the Batavian federation, which, as they were available for the defence of England against a foreign or domestic enemy, might be said to be in some sort part of the English army, amounted to at least five thousand more. The construction which the ministers put on the resolution of the eleventh of December was, that the army was to consist of ten thousand men; and in this construction the House acquiesced. It was not held to be necessary that the Parliament should, as in our time, fix the amount of the land force. The Commons thought that they sufficiently limited the number of soldiers by limiting the sum which was to be expended in maintaining soldiers. What that sum should be was a question which raised much debate. Harley was unwilling to give more than three hundred thousand pounds. Montague struggled for four hundred thousand. The general sense of the House was that Harley offered too little, and that Montague demanded too much. At last, on the fourteenth of January, a vote was taken for three hundred and fifty thousand pounds. Four days later the House resolved to grant half-pay to the disbanded officers till they should be otherwise provided for. The half-pay was meant to be a retainer as well as a reward. The effect of this important vote therefore was that, whenever a new war should break out, the nation would be able to command the services of many gentlemen of great military experience. The ministry afterwards succeeded in obtaining, much against the will of a portion of the opposition, a separate vote for three thousand marines.

A Mutiny Act, which had been passed in 1697, expired in the spring of 1698. As yet no such Act had been passed except in time of war; and the temper of the Parliament and of the nation was such that the ministers did not venture to ask, in time of peace, for a renewal of powers unknown to the constitution. For the present, therefore, the soldier was again, as in the times which preceded the Revolution, subject to exactly the same law which governed the citizen.

It was only in matters relating to the army that the government found the Commons unmanageable. Liberal provision was made for the navy. The number of seamen was fixed at ten thousand, a great force, according to the notions of that age, for a time of peace. The funds assigned some years before for the support of the civil list had fallen short of the estimate. It was resolved that a new arrangement should be made, and that a certain income should be settled on the King. The amount was fixed, by an unanimous vote, at seven hundred thousand pounds; and the Commons declared that, by making this ample provision for his comfort and dignity, they meant to express their sense of the great things which he had done for the country. It is probable, however, that so large a sum would not have been given without debates and divisions, had it not been understood that he meant to take on himself the charge of the Duke of Gloucester's establishment, and that he would in all probability have to pay fifty thousand pounds a year to Mary of Modena. The Tories were unwilling to disoblige the Princess of Denmark; and the Jacobites abstained from offering any opposition to a grant in the benefit of which they hoped that the banished family would participate.

It was not merely by pecuniary liberality that the Parliament testified attachment to the Sovereign. A bill was rapidly passed which withheld the benefit of the Habeas Corpus Act, during twelve months more, from Bernardi and some other conspirators who had been concerned in the Assassination Plot, but whose guilt, though demonstrated to the conviction of every reasonable man, could not be proved by two witnesses. At the same time new securities were provided against a new danger which threatened the government. The peace had put an end to the apprehension that the throne of William might be subverted by foreign arms, but had, at the same time, facilitated domestic treason. It was no longer necessary for an agent from Saint Germains to cross the sea in a fishing boat, under the constant dread of being intercepted by a cruiser. It was no longer necessary for him to land on a desolate beach, to lodge in a thatched hovel, to dress himself like a carter, or to travel up to town on foot. He came openly by the Calais packet, walked into the best inn at Dover, and ordered posthorses for London. Meanwhile young Englishmen of quality and fortune were hastening in crowds to Paris. They would naturally wish to see him who had once been their king; and this curiosity, though in itself innocent, might have evil consequences. Artful tempters would doubtless be on the watch for every such traveller; and many such travellers might be well pleased to be courteously accosted, in a foreign land, by Englishmen of honourable name, distinguished appearance, and insinuating address. It was not to be expected that a lad fresh from the university would be able to refute all the sophisms and calumnies which might be breathed in his ear by dexterous and experienced seducers. Nor would it be strange if he should, in no long time, accept an invitation to a private audience at Saint Germains, should be charmed by the graces of Mary of Modena, should find something engaging in the childish innocence of the Prince of Wales, should kiss the hand of James, and should return home an ardent Jacobite. An Act was therefore passed forbidding English subjects to hold any intercourse orally, or by writing, or by message, with the exiled family. A day was fixed after which no English subject, who had, during the late war, gone into France without the royal permission or borne arms against his country was to be permitted to reside in this kingdom, except under a special license from the King. Whoever infringed these rules incurred the penalties of high treason.

The dismay was at first great among the malecontents. For English and Irish Jacobites, who had served under the standards of Lewis or hung about the Court of Saint Germains, had, since the peace, come over in multitudes to England. It was computed that thousands were within the scope of the new Act. But the severity of that Act was mitigated by a beneficent administration. Some fierce and stubborn non-jurors who would not debase themselves by asking for any indulgence, and some conspicuous enemies of the government who had asked for indulgence in vain, were under the necessity of taking refuge on the Continent. But the great majority of those offenders who promised to live peaceably under William's rule obtained his permission to remain in their native land.

In the case of one great offender there were some circumstances which attracted general interest, and which might furnish a good subject to a novelist or a dramatist. Near fourteen years before this time, Sunderland, then Secretary of State to Charles the Second, had married his daughter Lady Elizabeth Spencer to Donough Macarthy, Earl of Clancarty, the lord of an immense domain in Munster. Both the bridegroom and the bride were mere children, the bridegroom only fifteen, the bride only eleven. After the ceremony they were separated; and many years full of strange vicissitudes elapsed before they again met. The boy soon visited his estates in Ireland. He had been bred a member of the Church of England; but his opinions and his practice were loose. He found himself among kinsmen who were zealous Roman Catholics. A Roman Catholic king was on the throne. To turn Roman Catholic was the best recommendation to favour both at Whitehall and at Dublin Castle. Clancarty speedily changed his religion, and from a dissolute Protestant became a dissolute Papist. After the Revolution he followed the fortunes of James; sate in the Celtic Parliament which met at the King's Inns; commanded a regiment in the Celtic army; was forced to surrender himself to Marlborough at Cork; was sent to England, and was imprisoned in the Tower. The Clancarty estates, which were supposed to yield a rent of not much less than ten thousand a year, were confiscated. They were charged with an annuity to the Earl's brother, and with another annuity to his wife; but the greater part was bestowed by the King on Lord Woodstock, the eldest son of Portland; During some time, the prisoner's life was not safe. For the popular voice accused him of outrages for which the utmost license of civil war would not furnish a plea. It is said that he was threatened with an appeal of murder by the widow of a Protestant clergyman who had been put to death during the troubles. After passing three years in confinement, Clancarty made his escape to the Continent, was graciously received at St. Germains, and was entrusted with the command of a corps of Irish refugees. When the treaty of Ryswick had put an end to the hope that the banished dynasty would be restored by foreign arms, he flattered himself that he might be able to make his peace with the English Government. But he was grievously disappointed. The interest of his wife's family was undoubtedly more than sufficient to obtain a pardon for him. But on that interest he could not reckon. The selfish, base, covetous, father-in-law was not at all desirous to have a highborn beggar and the posterity of a highborn beggar to maintain. The ruling passion of the brother-in-law was a stern and acrimonious party spirit. He could not bear to think that he was so nearly connected with an enemy of the Revolution and of the Bill of Rights, and would with pleasure have seen the odious tie severed even by the hand of the executioner. There was one, however, from whom the ruined, expatriated, proscribed young nobleman might hope to find a kind reception. He stole across the Channel in disguise, presented himself at Sunderland's door, and requested to see Lady Clancarty. He was charged, he said, with a message to her from her mother, who was then lying on a sick bed at Windsor. By this fiction he obtained admission, made himself known to his wife, whose thoughts had probably been constantly fixed on him during many years, and prevailed on her to give him the most tender proofs of an affection sanctioned by the laws both of God and of man. The secret was soon discovered and betrayed by a waiting woman. Spencer learned that very night that his sister had admitted her husband to her apartment. The fanatical young Whig, burning with animosity which he mistook for virtue, and eager to emulate the Corinthian who assassinated his brother, and the Roman who passed sentence of death on his son, flew to Vernon's office, gave information that the Irish rebel, who had once already escaped from custody, was in hiding hard by, and procured a warrant and a guard of soldiers. Clancarty was found in the arms of his wife, and dragged to the Tower. She followed him and implored permission to partake his cell. These events produced a great stir throughout the society of London. Sunderland professed everywhere that he heartily approved of his son's conduct; but the public had made up its mind about Sunderland's veracity, and paid very little attention to his professions on this or on any other subject. In general, honourable men of both parties, whatever might be their opinion of Clancarty, felt great compassion for his mother who was dying of a broken heart, and his poor young wife who was begging piteously to be admitted within the Traitor's Gate. Devonshire and Bedford joined with Ormond to ask for mercy. The aid of a still more powerful intercessor was called in. Lady Russell was esteemed by the King as a valuable friend; she was venerated by the nation generally as a saint, the widow of a martyr; and, when she deigned to solicit favours, it was scarcely possible that she should solicit in vain. She naturally felt a strong sympathy for the unhappy couple, who were parted by the walls of that gloomy old fortress in which she had herself exchanged the last sad endearments with one whose image was never absent from her. She took Lady Clancarty with her to the palace, obtained access to William, and put a petition into his hand. Clancarty was pardoned on condition that he should leave the kingdom and never return to it. A pension was granted to him, small when compared with the magnificent inheritance which he had forfeited, but quite sufficient to enable him to live like a gentleman on the Continent. He retired, accompanied by his Elizabeth, to Altona.

All this time the ways and means for the year were under consideration. The Parliament was able to grant some relief to the country. The land tax was reduced from four shillings in the pound to three. But nine expensive campaigns had left a heavy arrear behind them; and it was plain that the public burdens must, even in the time of peace, be such as, before the Revolution, would have been thought more than sufficient to support a vigorous war. A country gentleman was in no very good humour, when he compared the sums which were now exacted from him with those which he had been in the habit of paying under the last two kings; his discontent became stronger when he compared his own situation with that of courtiers, and above all of Dutch courtiers, who had been enriched by grants of Crown property; and both interest and envy made him willing to listen to politicians who assured him that, if those grants were resumed, he might be relieved from another shilling.

The arguments against such a resumption were not likely to be heard with favour by a popular assembly composed of taxpayers, but to statesmen and legislators will seem unanswerable.

There can be no doubt that the Sovereign was, by the old polity of the realm, competent to give or let the domains of the Crown in such manner as seemed good to him. No statute defined the length of the term which he might grant, or the amount of the rent which he must reserve. He might part with the fee simple of a forest extending over a hundred square miles in consideration of a tribute of a brace of hawks to be delivered annually to his falconer, or of a napkin of fine linen to be laid on the royal table at the coronation banquet. In fact, there had been hardly a reign since the Conquest, in which great estates had not been bestowed by our princes on favoured subjects. Anciently, indeed, what had been lavishly given was not seldom violently taken away. Several laws for the resumption of Crown lands were passed by the Parliaments of the fourteenth and fifteenth centuries. Of those laws the last was that which, in the year 1485, immediately after the battle of Bosworth, annulled the donations of the kings of the House of York. More than two hundred years had since elapsed without any Resumption Act. An estate derived from the royal liberality had long been universally thought as secure as an estate which had descended from father to son since the compilation of Domesday Book. No title was considered as more perfect than that of the Russells to Woburn, given by Henry the Eighth to the first Earl of Bedford, or than that of the Cecils to Hatfield, purchased from the Crown for less than a third of the real value by the first Earl of Salisbury. The Long Parliament did not, even in that celebrated instrument of nineteen articles, which was framed expressly for the purpose of making the King a mere Doge, propose to restrain him from dealing according to his pleasure with his parks and his castles, his fisheries and his mines. After the Restoration, under the government of an easy prince, who had indeed little disposition to give, but who could not bear to refuse, many noble private fortunes were carved out of the property of the Crown. Some of the persons who were thus enriched, Albemarle, for example, Sandwich and Clarendon, might be thought to have fairly earned their master's favour by their services. Others had merely amused his leisure or pandered to his vices. His mistresses were munificently rewarded. Estates sufficient to support the highest rank in the peerage were distributed among his illegitimate children. That these grants, however prodigal, were strictly legal, was tacitly admitted by the Estates of the Realm, when, in 1689, they recounted and condemned the unconstitutional acts of the kings of the House of Stuart. Neither in the Declaration of Right nor in the Bill of Rights is there a word on the subject. William, therefore, thought himself at liberty to give away his hereditary domains as freely as his predecessors had given away theirs. There was much murmuring at the profusion with which he rewarded his Dutch favourites; and we have seen that, on one occasion in the year 1696, the House of Commons interfered for the purpose of restraining his liberality. An address was presented requesting him not to grant to Portland an extensive territory in North Wales. But it is to be observed that, though in this address a strong opinion was expressed that the grant would be mischievous, the Commons did not deny, and must therefore be considered as having admitted, that it would be perfectly legal. The King, however, yielded; and Portland was forced to content himself with ten or twelve manors scattered over various counties from Cumberland to Sussex.

It seems, therefore, clear that our princes were, by the law of the land, competent to do what they would with their hereditary estates. It is perfectly true that the law was defective, and that the profusion with which mansions, abbeys, chaces, warrens, beds of ore, whole streets, whole market towns, had been bestowed on courtiers was greatly to be lamented. Nothing could have been more proper than to pass a prospective statute tying up in strict entail the little which still remained of the Crown property. But to annul by a retrospective statute patents, which in Westminster Hall were held to be legally valid, would have been simply robbery. Such robbery must necessarily have made all property insecure; and a statesman must be short-sighted indeed who imagines that what makes property insecure can really make society prosperous.