The History of England, from the Accession of James II — Volume 4

Parkyns was the last Englishman who was tried for high treason under the old system of procedure. The first who was tried under the new system was Rockwood. He was defended by Sir Bartholomew Shower, who in the preceding reign had made himself unenviably conspicuous as a servile and cruel sycophant, who had obtained from James the Recordership of London when Holt honourably resigned it, and who had, as Recorder, sent soldiers to the gibbet for breaches of military discipline. By his servile cruelty he had earned the nickname of the Manhunter. Shower deserved, if any offender deserved, to be excepted from the Act of Indemnity, and left to the utmost rigour of those laws which he had so shamelessly perverted. But he had been saved by the clemency of William, and had requited that clemency by pertinacious and malignant opposition. 684 It was doubtless on account of Shower's known leaning towards Jacobitism that he was employed on this occasion. He raised some technical objections which the Court overruled. On the merits of the case he could make no defence. The jury returned a verdict of guilty. Cranburne and Lowick were then tried and convicted. They suffered with Rookwood; and there the executions stopped. 685

The temper of the nation was such that the government might have shed much more blood without incurring the reproach of cruelty. The feeling which had been called forth by the discovery of the plot continued during several weeks to increase day by day. Of that feeling the able men who were at the head of the Whig party made a singularly skilful use. They saw that the public enthusiasm, if left without guidance, would exhaust itself in huzzas, healths and bonfires, but might, if wisely guided, be the means of producing a great and lasting effect. The Association, into which the Commons had entered while the King's speech was still in their ears, furnished the means of combining four fifths of the nation in one vast club for the defence of the order of succession with which were inseparably combined the dearest liberties of the English people, and of establishing a test which would distinguish those who were zealous for that order of succession from those who sullenly and reluctantly acquiesced in it. Of the five hundred and thirty members of the Lower House about four hundred and twenty voluntarily subscribed the instrument which recognised William as rightful and lawful King of England. It was moved in the Upper House that the same form should be adopted; but objections were raised by the Tories. Nottingham, ever conscientious, honourable and narrow minded, declared that he could not assent to the words "rightful and lawful." He still held, as he had held from the first, that a prince who had taken the Crown, not by birthright, but by the gift of the Convention, could not properly be so described. William was doubtless King in fact, and, as King in fact, was entitled to the obedience of Christians. "No man," said Nottingham, "has served or will serve His Majesty more faithfully than I. But to this document I cannot set my hand." Rochester and Normanby held similar language. Monmouth, in a speech of two hours and a half, earnestly exhorted the Lords to agree with the Commons. Burnet was vehement on the same side. Wharton, whose father had lately died, and who was now Lord Wharton, appeared in the foremost rank of the Whig peers. But no man distinguished himself more in the debate than one whose life, both public and private, had been one long series of faults and disasters, the incestuous lover of Henrietta Berkeley, the unfortunate lieutenant of Monmouth. He had recently ceased to be called by the tarnished name of Grey of Wark, and was now Earl of Tankerville. He spoke on that day with great force and eloquence for the words, "rightful and lawful." Leeds, after expressing his regret that a question about a mere phrase should have produced dissension among noble persons who were all equally attached to the reigning Sovereign, undertook the office of mediator. He proposed that their Lordships, instead of recognising William as rightful and lawful King, should declare that William had the right by law to the English Crown, and that no other person had any right whatever to that Crown. Strange to say, almost all the Tory peers were perfectly satisfied with what Leeds had suggested. Among the Whigs there was some unwillingness to consent to a change which, slight as it was, might be thought to indicate a difference of opinion between the two Houses on a subject of grave importance. But Devonshire and Portland declared themselves content; their authority prevailed; and the alteration was made. How a rightful and lawful possessor is to be distinguished from a possessor who has the exclusive right by law is a question which a Whig may, without any painful sense of shame, acknowledge to be beyond the reach of his faculties, and leave to be discussed by High Churchmen. Eighty-three peers immediately affixed their names to the amended form of association; and Rochester was among them. Nottingham, not yet quite satisfied, asked time for consideration. 686

Beyond the walls of Parliament there was none of this verbal quibbling. The language of the House of Commons was adopted by the whole country. The City of London led the way. Within thirty-six hours after the Association had been published under the direction of the Speaker it was subscribed by the Lord Mayor, by the Aldermen, and by almost all the members of the Common Council. The municipal corporations all over the kingdom followed the example. The spring assizes were just beginning; and at every county town the grand jurors and the justices of the peace put down their names. Soon shopkeepers, artisans, yeomen, farmers, husbandmen, came by thousands to the tables where the parchments were laid out. In Westminster there were thirty-seven thousand associators, in the Tower Hamlets eight thousand, in Southwark eighteen thousand. The rural parts of Surrey furnished seventeen thousand. At Ipswich all the freemen signed except two. At Warwick all the male inhabitants who had attained the age of sixteen signed, except two Papists and two Quakers. At Taunton, where the memory of the Bloody Circuit was fresh, every man who could write gave in his adhesion to the government. All the churches and all the meeting houses in the town were crowded, as they had never been crowded before, with people who came to thank God for having preserved him whom they fondly called William the Deliverer. Of all the counties of England Lancashire was the most Jacobitical. Yet Lancashire furnished fifty thousand signatures. Of all the great towns of England Norwich was the most Jacobitical. The magistrates of that city were supposed to be in the interest of the exiled dynasty. The nonjurors were numerous, and had, just before the discovery of the plot, seemed to be in unusual spirits and ventured to take unusual liberties. One of the chief divines of the schism had preached a sermon there which gave rise to strange suspicions. He had taken for his text the verse in which the Prophet Jeremiah announced that the day of vengeance was come, that the sword would be drunk with blood, that the Lord God of Hosts had a sacrifice in the north country by the river Euphrates. Very soon it was known that, at the time when this discourse was delivered, swords had actually been sharpening, under the direction of Barclay and Parkyns, for a bloody sacrifice on the north bank of the river Thames. The indignation of the common people of Norwich was not to be restrained. They came in multitudes, though discouraged by the municipal authorities, to plight faith to William, rightful and lawful King. In Norfolk the number of signatures amounted to forty-eight thousand, in Suffolk to seventy thousand. Upwards of five hundred rolls went up to London from every part of England. The number of names attached to twenty-seven of those rolls appears from the London Gazette to have been three hundred and fourteen thousand. After making the largest allowance for fraud, it seems certain that the Association included the great majority of the adult male inhabitants of England who were able to sign their names. The tide of popular feeling was so strong that a man who was known not to have signed ran considerable risk of being publicly affronted. In many places nobody appeared without wearing in his hat a red riband on which were embroidered the words, "General Association for King William." Once a party of Jacobites had the courage to parade a street in London with an emblematic device which seemed to indicate their contempt for the new Solemn League and Covenant. They were instantly put to rout by the mob, and their leader was well ducked. The enthusiasm spread to secluded isles, to factories in foreign countries, to remote colonies. The Association was signed by the rude fishermen of the Scilly Rocks, by the English merchants of Malaga, by the English merchants of Genoa, by the citizens of New York, by the tobacco planters of Virginia and by the sugar planters of Barbadoes. 687

Emboldened by success, the Whig leaders ventured to proceed a step further. They brought into the Lower House a bill for the securing of the King's person and government. By this bill it was provided that whoever, while the war lasted, should come from France into England without the royal license should incur the penalties of treason, that the suspension of the Habeas Corpus Act should continue to the end of the year 1696, and that all functionaries appointed by William should retain their offices, notwithstanding his death, till his successor should be pleased to dismiss them. The form of Association which the House of Commons had adopted was solemnly ratified; and it was provided that no person should sit in that House or should hold any office, civil or military, without signing. The Lords were indulged in the use of their own form; and nothing was said about the clergy.

The Tories, headed by Finch and Seymour, complained bitterly of this new test, and ventured once to divide, but were defeated. Finch seems to have been heard patiently; but, notwithstanding all Seymour's eloquence, the contemptuous manner in which he spoke of the Association raised a storm against which he could not stand. Loud cries of "the Tower, the Tower," were heard. Haughty and imperious as he was, he was forced to explain away his words, and could scarcely, by apologizing in a manner to which he was little accustomed, save himself from the humiliation of being called to the bar and reprimanded on his knees. The bill went up to the Lords, and passed with great speed in spite of the opposition of Rochester and Nottingham. 688

The nature and extent of the change which the discovery of the Assassination Plot had produced in the temper of the House of Commons and of the nation is strikingly illustrated by the history of a bill entitled a Bill for the further Regulation of Elections of Members of Parliament. The moneyed interest was almost entirely Whig, and was therefore an object of dislike to the Tories. The rapidly growing power of that interest was generally regarded with jealousy by landowners whether they were Whigs or Tories. It was something new and monstrous to see a trader from Lombard Street, who had no tie to the soil of our island, and whose wealth was entirely personal and movable, post down to Devonshire or Sussex with a portmanteau full of guineas, offer himself as candidate for a borough in opposition to a neighbouring gentleman whose ancestors had been regularly returned ever since the Wars of the Roses, and come in at the head of the poll. Yet even this was not the worst. More than one seat in Parliament, it was said, had been bought and sold over a dish of coffee at Garraway's. The purchaser had not been required even to go through the form of showing himself to the electors. Without leaving his counting house in Cheapside, he had been chosen to represent a place which he had never seen. Such things were intolerable. No man, it was said, ought to sit in the English legislature who was not master of some hundreds of acres of English ground. 689 A bill was accordingly brought in which provided that every member of the House of Commons must have a certain estate in land. For a knight of a shire the qualification was fixed at five hundred a year; for a burgess at two hundred a year. Early in February this bill was read a second time and referred to a Select Committee. A motion was made that the Committee should be instructed to add a clause enacting that all elections should be by ballot. Whether this motion proceeded from a Whig or a Tory, by what arguments it was supported and on what grounds it was opposed, we have now no means of discovering. We know only that it was rejected without a division.

Before the bill came back from the Committee, some of the most respectable constituent bodies in the kingdom had raised their voices against the new restriction to which it was proposed to subject them. There had in general been little sympathy between the commercial towns and the Universities. For the commercial towns were the chief seats of Whiggism and Non conformity; and the Universities were zealous for the Crown and the Church. Now, however, Oxford and Cambridge made common cause with London and Bristol. It was hard, said the Academics, that a grave and learned man, sent by a large body of grave and learned men to the Great Council of the nation, should be thought less fit to sit in that Council than a boozing clown who had scarcely literature enough to entitle him to the benefit of clergy. It was hard, said the traders, that a merchant prince, who had been the first magistrate of the first city in the world, whose name on the back of a bill commanded entire confidence at Smyrna and at Genoa, at Hamburg and at Amsterdam, who had at sea ships every one of which was worth a manor, and who had repeatedly, when the liberty and religion of the kingdom were in peril, advanced to the government, at an hour's notice, five or ten thousand pounds, should be supposed to have a less stake in the prosperity of the commonwealth than a squire who sold his own bullocks and hops over a pot of ale at the nearest market town. On the report, it was moved that the Universities should be excepted; but the motion was lost by a hundred and fifty-one votes to a hundred and forty-three. On the third reading it was moved that the City of London should be excepted; but it was not thought advisable to divide. The final question that the bill do pass, was carried by a hundred and seventy-three votes to a hundred and fifty on the day which preceded the discovery of the Assassination Plot. The Lords agreed to the bill without any amendment.

William had to consider whether he would give or withhold his assent. The commercial towns of the kingdom, and among them the City of London, which had always stood firmly by him, and which had extricated him many times from great embarrassments, implored his protection. It was represented to him that the Commons were far indeed from being unanimous on this subject; that, in the last stage, the majority had been only twenty-three in a full House; that the motion to except the Universities had been lost by a majority of only eight. On full consideration he resolved not to pass the bill. Nobody, he said, could accuse him of acting selfishly on this occasion; his prerogative was not concerned in the matter; and he could have no objection to the proposed law except that it would be mischievous to his people.

On the tenth of April 1696, therefore, the Clerk of the Parliament was commanded to inform the Houses that the King would consider of the Bill for the further Regulation of Elections. Some violent Tories in the House of Commons flattered themselves that they might be able to carry a resolution reflecting on the King. They moved that whoever had advised His Majesty to refuse his assent to their bill was an enemy to him and to the nation. Never was a greater blunder committed. The temper of the House was very different from what it had been on the day when the address against Portland's grant had been voted by acclamation. The detection of a murderous conspiracy, the apprehension of a French invasion, had changed every thing. The King was popular. Every day ten or twelve bales of parchment covered with the signatures of associators were laid at his feet. Nothing could be more imprudent than to propose, at such a time, a thinly disguised vote of censure on him. The moderate Tories accordingly separated themselves from their angry and unreasonable brethren. The motion was rejected by two hundred and nineteen votes to seventy; and the House ordered the question and the numbers on both sides to be published, in order that the world might know how completely the attempt to produce a quarrel between the King and the Parliament had failed. 690

The country gentlemen might perhaps have been more inclined to resent the loss of their bill, had they not been put into high goodhumour by another bill which they considered as even more important. The project of a Land Bank had been revived; not in the form in which it had, two years before, been brought under the consideration of the House of Commons, but in a form much less shocking to common sense and less open to ridicule. Chamberlayne indeed protested loudly against all modifications of his plan, and proclaimed, with undiminished confidence, that he would make all his countrymen rich if they would only let him. He was not, he said, the first great discoverer whom princes and statesmen had regarded as a dreamer. Henry the Seventh had, in an evil hour, refused to listen to Christopher Columbus; the consequence had been that England had lost the mines of Mexico and Peru; yet what were the mines of Mexico and Peru to the riches of a nation blessed with an unlimited paper currency? But the united force of reason and ridicule had reduced the once numerous sect which followed Chamberlayne to a small and select company of incorrigible fools. Few even of the squires now believed in his two great doctrines; the doctrine that the State can, by merely calling a bundle of old rags ten millions sterling, add ten millions sterling to the riches of the nation; and the doctrine that a lease of land for a term of years may be worth many times the fee simple. But it was still the general opinion of the country gentlemen that a bank, of which it should be the special business to advance money on the security of land, might be a great blessing to the nation. Harley and the Speaker Foley now proposed that such a bank should be established by Act of Parliament, and promised that, if their plan was adopted, the King should be amply supplied with money for the next campaign.

The Whig leaders, and especially Montague, saw that the scheme was a delusion, that it must speedily fail, and that, before it failed, it might not improbably ruin their own favourite institution, the Bank of England. But on this point they had against them, not only the whole Tory party, but also their master and many of their followers. The necessities of the State were pressing. The offers of the projectors were tempting. The Bank of England had, in return for its charter, advanced to the State only one million at eight per cent. The Land Bank would advance more than two millions and a half at seven per cent. William, whose chief object was to procure money for the service of the year, was little inclined to find fault with any source from which two millions and a half could be obtained. Sunderland, who generally exerted his influence in favour of the Whig leaders, failed them on this occasion. The Whig country gentlemen were delighted by the prospect of being able to repair their stables, replenish their cellars, and give portions to their daughters. It was impossible to contend against such a combination of force. A bill was passed which authorised the government to borrow two million five hundred and sixty-four thousand pounds at seven per cent. A fund, arising chiefly from a new tax on salt, was set apart for the payment of the interest. If, before the first of August, the subscription for one half of this loan should have been filled, and if one half of the sum subscribed should have been paid into the Exchequer, the subscribers were to become a corporate body, under the name of the National Land Bank. As this bank was expressly intended to accommodate country gentlemen, it was strictly interdicted from lending money on any private security other than a mortgage of land, and was bound to lend on mortgage at least half a million annually. The interest on this half million was not to exceed three and a half per cent., if the payments were quarterly, or four per cent., if the payments were half yearly. At that time the market rate of interest on the best mortgages was full six per cent. The shrewd observers at the Dutch Embassy therefore thought that capitalists would eschew all connection with what must necessarily be a losing concern, and that the subscription would never be half filled up; and it seems strange that any sane person should have thought otherwise. 691

It was vain however to reason against the general infatuation. The Tories exultingly predicted that the Bank of Robert Harley would completely eclipse the Bank of Charles Montague. The bill passed both Houses. On the twenty-seventh of April it received the royal assent; and the Parliament was immediately afterwards prorogued.