Volume I Part 8 (2/2)

While innocent blood was shedding under the forms of justice, the new Parliament met; and such was the violence of the predominant party that even men whose youth had been pa.s.sed amidst revolutions men who remembered the attainder of Strafford, the attempt on the five members, the abolition of the House of Lords, the execution of the King, stood aghast at the aspect of public affairs. The impeachment of Danby was resumed. He pleaded the royal pardon. But the Commons treated the plea with contempt, and insisted that the trial should proceed. Danby, however, was not their chief object. They were convinced that the only effectual way of securing the liberties and religion of the nation was to exclude the Duke of York from the throne.

The King was in great perplexity. He had insisted that his brother, the sight of whom inflamed the populace to madness, should retire for a time to Brussels: but this concession did not seem to have produced any favourable effect. The Roundhead party was now decidedly preponderant.

Towards that party leaned millions who had, at the time of the Restoration, leaned towards the side of prerogative. Of the old Cavaliers many partic.i.p.ated in the prevailing fear of Popery, and many, bitterly resenting the ingrat.i.tude of the prince for whom they had sacrificed so much, looked on his distress as carelessly as he had looked on theirs. Even the Anglican clergy, mortified and alarmed by the apostasy of the Duke of York, so far countenanced the opposition as to join cordially in the outcry against the Roman Catholics.

The King in this extremity had recourse to Sir William Temple. Of all the official men of that age Temple had preserved the fairest character.

The Triple Alliance had been his work. He had refused to take any part in the politics of the Cabal, and had, while that administration directed affairs, lived in strict privacy. He had quitted his retreat at the call of Danby, had made peace between England and Holland, and had borne a chief part in bringing about the marriage of the Lady Mary to her cousin the Prince of Orange. Thus he had the credit of every one of the few good things which had been done by the government since the Restoration. Of the numerous crimes and blunders of the last eighteen years none could be imputed to him. His private life, though not austere, was decorous: his manners were popular; and he was not to be corrupted either by t.i.tles or by money. Something, however, was wanting to the character of this respectable statesman. The temperature of his patriotism was lukewarm. He prized his ease and his personal dignity too much, and shrank from responsibility with a pusillanimous fear. Nor indeed had his habits fitted him to bear a part in the conflicts of our domestic factions. He had reached his fiftieth year without having sate in the English Parliament; and his official experience had been almost entirely acquired at foreign courts. He was justly esteemed one of the first diplomatists in Europe: but the talents and accomplishments of a diplomatist are widely different from those which qualify a politician to lead the House of Commons in agitated times.

The scheme which he proposed showed considerable ingenuity. Though not a profound philosopher, he had thought more than most busy men of the world on the general principles of government; and his mind had been enlarged by historical studies and foreign travel. He seems to have discerned more clearly than most of his contemporaries one cause of the difficulties by which the government was beset. The character of the English polity was gradually changing. The Parliament was slowly, but constantly, gaining ground on the prerogative. The line between the legislative and executive powers was in theory as strongly marked as ever, but in practice was daily becoming fainter and fainter. The theory of the const.i.tution was that the King might name his own ministers.

But the House of Commons had driven Clarendon, the Cabal, and Danby successively from the direction of affairs. The theory of the const.i.tution was that the King alone had the power of making peace and war. But the House of Commons had forced him to make peace with Holland, and had all but forced him to make war with France. The theory of the const.i.tution was that the King was the sole judge of the cases in which it might be proper to pardon offenders. Yet he was so much in dread of the House of Commons that, at that moment, he could not venture to rescue from the gallows men whom he well knew to be the innocent victims of perjury.

Temple, it should seem, was desirous to secure to the legislature its undoubted const.i.tutional powers, and yet to prevent it, if possible, from encroaching further on the province of the executive administration. With this view he determined to interpose between the sovereign and the Parliament a body which might break the shock of their collision. There was a body ancient, highly honourable, and recognised by the law, which, he thought, might be so remodelled as to serve this purpose. He determined to give to the Privy Council a new character and office in the government. The number of Councillors he fixed at thirty.

Fifteen of them were to be the chief ministers of state, of law, and of religion. The other fifteen were to be unplaced n.o.blemen and gentlemen of ample fortune and high character. There was to be no interior cabinet. All the thirty were to be entrusted with every political secret, and summoned to every meeting; and the King was to declare that he would, on every occasion, be guided by their advice.

Temple seems to have thought that, by this contrivance, he could at once secure the nation against the tyranny of the Crown, and the Crown against the encroachments of the Parliament. It was, on one hand, highly improbable that schemes such as had been formed by the Cabal would be even propounded for discussion in an a.s.sembly consisting of thirty eminent men, fifteen of whom were bound by no tie of interest to the court. On the other hand, it might be hoped that the Commons, content with the guarantee against misgovernment which such a Privy Council furnished, would confine themselves more than they had of late done to their strictly legislative functions, and would no longer think it necessary to pry into every part of the executive administration.

This plan, though in some respects not unworthy of the abilities of its author, was in principle vicious. The new board was half a cabinet and half a Parliament, and, like almost every other contrivance, whether mechanical or political, which is meant to serve two purposes altogether different, failed of accomplis.h.i.+ng either. It was too large and too divided to be a good administrative body. It was too closely connected with the Crown to be a good checking body. It contained just enough of popular ingredients to make it a bad council of state, unfit for the keeping of secrets, for the conducting of delicate negotiations, and for the administration of war. Yet were these popular ingredients by no means sufficient to secure the nation against misgovernment. The plan, therefore, even if it had been fairly tried, could scarcely have succeeded; and it was not fairly tried. The King was fickle and perfidious: the Parliament was excited and unreasonable; and the materials out of which the new Council was made, though perhaps the best which that age afforded, were still bad.

The commencement of the new system was, however, hailed with general delight; for the people were in a temper to think any change an improvement. They were also pleased by some of the new nominations.

Shaftesbury, now their favourite, was appointed Lord President. Russell and some other distinguished members of the Country Party were sworn of the Council. But a few days later all was again in confusion. The inconveniences of having so numerous a cabinet were such that Temple himself consented to infringe one of the fundamental rules which he had laid down, and to become one of a small knot which really directed everything. With him were joined three other ministers, Arthur Capel, Earl of Ess.e.x, George Savile, Viscount Halifax, and Robert Spencer, Earl of Sunderland.

Of the Earl of Ess.e.x, then First Commissioner of the Treasury, it is sufficient to say that he was a man of solid, though not brilliant parts, and of grave and melancholy character, that he had been connected with the Country Party, and that he was at this time honestly desirous to effect, on terms beneficial to the state, a reconciliation between that party and the throne.

Among the statesmen of those times Halifax was, in genius, the first.

His intellect was fertile, subtle, and capacious. His polished, luminous, and animated eloquence, set off by the silver tones of his voice, was the delight of the House of Lords. His conversation overflowed with thought, fancy, and wit. His political tracts well deserve to be studied for their literary merit, and fully ent.i.tle him to a place among English cla.s.sics. To the weight derived from talents so great and various he united all the influence which belongs to rank and ample possessions. Yet he was less successful in politics than many who enjoyed smaller advantages. Indeed, those intellectual peculiarities which make his writings valuable frequently impeded him in the contests of active life. For he always saw pa.s.sing events, not in the point of view in which they commonly appear to one who bears a part in them, but in the point of view in which, after the lapse of many years, they appear to the philosophic historian. With such a turn of mind he could not long continue to act cordially with any body of men. All the prejudices, all the exaggerations, of both the great parties in the state moved his scorn. He despised the mean arts and unreasonable clamours of demagogues. He despised still more the doctrines of divine right and pa.s.sive obedience. He sneered impartially at the bigotry of the Churchman and at the bigotry of the Puritan. He was equally unable to comprehend how any man should object to Saints' days and surplices, and how any man should persecute any other man for objecting to them. In temper he was what, in our time, is called a Conservative: in theory he was a Republican. Even when his dread of anarchy and his disdain for vulgar delusions led him to side for a time with the defenders of arbitrary power, his intellect was always with Locke and Milton. Indeed, his jests upon hereditary monarchy were sometimes such as would have better become a member of the Calf's Head Club than a Privy Councillor of the Stuarts. In religion he was so far from being a zealot that he was called by the uncharitable an atheist: but this imputation he vehemently repelled; and in truth, though he sometimes gave scandal by the way in which he exerted his rare powers both of reasoning and of ridicule on serious subjects, he seems to have been by no means unsusceptible of religious impressions.

He was the chief of those politicians whom the two great parties contemptuously called Trimmers. Instead of quarrelling with this nickname, he a.s.sumed it as a t.i.tle of honour, and vindicated, with great vivacity, the dignity of the appellation. Everything good, he said, trims between extremes. The temperate zone trims between the climate in which men are roasted and the climate in which they are frozen.

The English Church trims between the Anabaptist madness and the Papist lethargy. The English const.i.tution trims between Turkish despotism and Polish anarchy. Virtue is nothing but a just temper between propensities any one of which, if indulged to excess, becomes vice. Nay, the perfection of the Supreme Being himself consists in the exact equilibrium of attributes, none of which could preponderate without disturbing the whole moral and physical order of the world. [20]

Thus Halifax was a Trimmer on principle. He was also a Trimmer by the const.i.tution both of his head and of his heart. His understanding was keen, sceptical, inexhaustibly fertile in distinctions and objections; his taste refined; his sense of the ludicrous exquisite; his temper placid and forgiving, but fastidious, and by no means p.r.o.ne either to malevolence or to enthusiastic admiration. Such a man could not long be constant to any band of political allies. He must not, however, be confounded with the vulgar crowd of renegades. For though, like them, he pa.s.sed from side to side, his transition was always in the direction opposite to theirs. He had nothing in common with those who fly from extreme to extreme, and who regard the party which they have deserted with all animosity far exceeding that of consistent enemies. His place was on the debatable ground between the hostile divisions of the community, and he never wandered far beyond the frontier of either. The party to which he at any moment belonged was the party which, at that moment, he liked least, because it was the party of which at that moment he had the nearest view. He was therefore always severe upon his violent a.s.sociates, and was always in friendly relations with his moderate opponents. Every faction in the day of its insolent and vindictive triumph incurred his censure; and every faction, when vanquished and persecuted, found in him a protector. To his lasting honour it must be mentioned that he attempted to save those victims whose fate has left the deepest stain both on the Whig and on the Tory name.

He had greatly distinguished himself in opposition, and had thus drawn on himself the royal displeasure, which was indeed so strong that he was not admitted into the Council of Thirty without much difficulty and long altercation. As soon, however, as he had obtained a footing at court, the charms of his manner and of his conversation made him a favourite.

He was seriously alarmed by the violence of the public discontent.

He thought that liberty was for the present safe, and that order and legitimate authority were in danger. He therefore, as was his fas.h.i.+on, joined himself to the weaker side. Perhaps his conversion was not wholly disinterested. For study and reflection, though they had emanc.i.p.ated him from many vulgar prejudices, had left him a slave to vulgar desires.

Money he did not want; and there is no evidence that he ever obtained it by any means which, in that age, even severe censors considered as dishonourable; but rank and power had strong attractions for him. He pretended, indeed, that he considered t.i.tles and great offices as baits which could allure none but fools, that he hated business, pomp, and pageantry, and that his dearest wish was to escape from the bustle and glitter of Whitehall to the quiet woods which surrounded his ancient mansion in Nottinghams.h.i.+re; but his conduct was not a little at variance with his professions. In truth he wished to command the respect at once of courtiers and of philosophers, to be admired for attaining high dignities, and to be at the same time admired for despising them.

Sunderland was Secretary of State. In this man the political immorality of his age was personified in the most lively manner. Nature had given him a keen understanding, a restless and mischievous temper, a cold heart, and an abject spirit. His mind had undergone a training by which all his vices had been nursed up to the rankest maturity. At his entrance into public life, he had pa.s.sed several years in diplomatic posts abroad, and had been, during some time, minister in France. Every calling has its peculiar temptations. There is no injustice in saying that diplomatists, as a cla.s.s, have always been more distinguished by their address, by the art with which they win the confidence of those with whom they have to deal, and by the ease with which they catch the tone of every society into which they are admitted, than by generous enthusiasm or austere rect.i.tude; and the relations between Charles and Lewis were such that no English n.o.bleman could long reside in France as envoy, and retain any patriotic or honourable sentiment. Sunderland came forth from the bad school in which he had been brought up, cunning, supple, shameless, free from all prejudices, and dest.i.tute of all principles. He was, by hereditary connection, a Cavalier: but with the Cavaliers he had nothing in common. They were zealous for monarchy, and condemned in theory all resistance. Yet they had st.u.r.dy English hearts which would never have endured real despotism. He, on the contrary, had a languid speculative liking for republican inst.i.tutions which was compatible with perfect readiness to be in practice the most servile instrument of arbitrary power. Like many other accomplished flatterers and negotiators, he was far more skilful in the art of reading the characters and practising on the weaknesses of individuals, than in the art of discerning the feelings of great ma.s.ses, and of foreseeing the approach of great revolutions. He was adroit in intrigue; and it was difficult even for shrewd and experienced men who had been amply forewarned of his perfidy to withstand the fascination of his manner, and to refuse credit to his professions of attachment. But he was so intent on observing and courting particular persons, that he often forgot to study the temper of the nation. He therefore miscalculated grossly with respect to some of the most momentous events of his time.

More than one important movement and rebound of the public mind took him by surprise; and the world, unable to understand how so clever a man could be blind to what was clearly discerned by the politicians of the coffee houses, sometimes attributed to deep design what were in truth mere blunders.

It was only in private conference that his eminent abilities displayed themselves. In the royal closet, or in a very small circle, he exercised great influence. But at the Council board he was taciturn; and in the House of Lords he never opened his lips.

The four confidential advisers of the crown soon found that their position was embarra.s.sing and invidious. The other members of the Council murmured at a distinction inconsistent with the King's promises; and some of them, with Shaftesbury at their head, again betook themselves to strenuous opposition in Parliament. The agitation, which had been suspended by the late changes, speedily became more violent than ever. It was in vain that Charles offered to grant to the Commons any security for the Protestant religion which they could devise, provided only that they would not touch the order of succession. They would hear of no compromise. They would have the Exclusion Bill, and nothing but the Exclusion Bill. The King, therefore, a few weeks after he had publicly promised to take no step without the advice of his new Council, went down to the House of Lords without mentioning his intention in Council, and prorogued the Parliament.

The day of that prorogation, the twenty-sixth of May, 1679, is a great era in our history. For on that day the Habeas Corpus Act received the royal a.s.sent. From the time of the Great Charter the substantive law respecting the personal liberty of Englishmen had been nearly the same as at present: but it had been inefficacious for want of a stringent system of procedure. What was needed was not a new light, but a prompt and searching remedy; and such a remedy the Habeas Corpus Act supplied.

The King would gladly have refused his consent to that measure: but he was about to appeal from his Parliament to his people on the question of the succession, and he could not venture, at so critical a moment, to reject a bill which was in the highest degree popular.

On the same day the press of England became for a short time free. In old times printers had been strictly controlled by the Court of Star Chamber. The Long Parliament had abolished the Star Chamber, but had, in spite of the philosophical and eloquent expostulation of Milton, established and maintained a censors.h.i.+p. Soon after the Restoration, an Act had been pa.s.sed which prohibited the printing of unlicensed books; and it had been provided that this Act should continue in force till the end of the first session of the next Parliament. That moment had now arrived; and the King, in the very act of dismissing the House, emanc.i.p.ated the Press.

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