had not completed its fifth year. It was impossible that many of them should have committed offences meriting disfranchisement. The Judges themselves were uneasy. They represented that what they were required to do was in direct opposition to the plainest principles of law and justice: but all remonstrance was vain. The boroughs were commanded to surrender their charters. Few complied; and the course which the King took with those few did not encourage others to trust him. In several towns the right of voting was taken away from the commonalty, and given to a very small number of persons, who were required to bind themselves by oath to support the candidates recommended by the government. At Tewkesbury, for example, the franchise was confined to thirteen persons. Yet even this number was too large. Hatred and fear had spread so widely through the community that it was scarcely possible to bring together in any town, by any process of packing, thirteen men on whom the Court could absolutely depend. It was rumoured that the majority of the new constituent body of Tewkesbury was animated by the same sentiment which was general throughout the nation, and would, when the decisive day should arrive, send true Protestants to Parliament. The regulators in great wrath threatened to reduce the numbers of electors to three.* Meanwhile the great majority of the boroughs firmly refused to give up their privileges. Barnstaple, Winchester, and Buckingham, distinguished themselves by the boldness of their opposition. At Oxford the motion that the city should resign its franchises to the King was negatived by eighty votes to two.t The Temple and Westminster Hall were in a ferment with the sudden rush of business from all corners of the kingdom. Every lawyer in high practice was * Johnstone, Feb. 21. 1688. Van Citters, March 3. 1688. overwhelmed with the briefs from corporations. Ordinary litigants complained that their business was neglected.* It was evident that a considerable time must elapse before judgment could be given in so great a number of important cases. Tyranny could ill brook this delay. Nothing was omitted which could terrify the refractory boroughs into submission. At Buckingham some of the municipal officers had spoken of Jeffreys in language which was not laudatory. They were prosecuted, and were given to understand that no mercy should be shown to them unless they would ransom themselves by surrendering their charter.† At Winchester still more violent measures were adopted. A large body of troops was marched into the town for the sole purpose of burdening and harassing the inhabitants. The town continued resolute; and the public voice loudly accused the King of imitating the worst crimes of his brother of France. The dragonades, it was said, had begun. There was indeed reason for alarm. It had occurred to James that he could not more effectually break the spirit of an obstinate town. than by quartering soldiers on the inhabitants. He must have known that this practice had sixty years before excited formidable discontents, and had been solemnly pronounced illegal by the Petition of Right, a statute scarcely less venerated by Englishmen than the Great Charter. But he hoped to obtain from the courts of law a declaration that even the Petition of Right could not control the prerogative. He actually consulted the Chief Justice of the King's Bench on this subject §: but the result of the consultation remained secret; and in a very few weeks the aspect of affairs became such that a fear stronger than the fear of the royal displeasure began to impose some restraint even on the most servile magistrates. * Van Citters, May 1688. Ibid. May 22. 1688. June 1. Ibid. May. 1688. $ Ibid. May. 1688, While the Lords Lieutenants were questioning the Justices of the Peace, while the regula Inquisition in departments. tors were remodelling the boroughs, all all the public the public departments were subjected to a strict inquisition. The palace was first purified. Every battered old Cavalier, who, in return for blood and lands lost in the royal cause, had obtained some small place under the Keeper of the Wardrobe or the Master of the Harriers, was called upon to choose between the King and the Church. The Commissioners of Customs and Excise were ordered to attend His Majesty at the Treasury. There he demanded from them a promise to support his policy, and directed them to require a similar promise from all their subordinates.* One Customhouse officer notified his submission to the royal will in a way which excited both merriment and compassion. "I have," he said, "fourteen reasons for obeying His Majesty's commands, a wife and thirteen young children." † Such reasons were indeed cogent; yet there were not a few instances in which, even against such reasons, religious and patriotic feelings prevailed. There is ground to believe that the government at this time seriously meditated a blow which would have reduced many thousands of families to beggary, and would have disturbed the whole social system of every part of the country. No wine, beer, or coffee could be sold without a license. It was rumoured that every person holding such a license would shortly be required to enter into the same engagements which had been imposed on public functionaries, or to relinquish his trade. It seems certain that, if such a step had been taken, the houses of entertainment and of public resort all over the kingdom would have been at once shut up by hundreds. What effect such Van Citters, April. 1688; Treasury Letter Book, March 14. 1687; Ronquillo, April Ibid. May 18. 1688. an interference with the comfort of all ranks would have produced must be left to conjecture. The resentment excited by grievances is not always proportioned to their dignity; and it is by no means improbable that the resumption of licenses might have done what the resumption of charters had failed to do. Men of fashion would have missed the chocolate house in Saint James's Street, and men of business the coffee pot, round which they were accustomed to smoke and talk politics, in Change Alley. Half the clubs would have been wandering in search of shelter. The traveller at nightfall would have found the inn where he had expected to sup and lodge deserted. The clown would have regretted the hedge alehouse, where he had been accustomed to take his pot on the bench before the door in summer, and at the chimney corner in winter. The nation might, perhaps, on such provocation, have risen in general rebellion without waiting for the help of foreign allies. It was not to be expected that a prince who reDismission of quired all the humblest servants of the goSawyer. vernment to support his policy on pain of dismission would continue to employ an Attorney General whose aversion to that policy was no secret. Sawyer had been suffered to retain his situation more than a year and a half after he had declared against the dispensing power. This extraordinary indulgence he owed to the extreme difficulty which the government found in supplying his place. It was necessary, for the protection of the pecuniary interests of the crown, that at least one of the two chief law officers should be a man of ability and knowledge; and it was by no means easy to induce any barrister of ability and knowledge to put himself in peril by committing every day acts which the next Parliament would probably treat as high crimes and misdemeanours. It had been impossible to procure a better Solicitor General than Powis, a man who indeed stuck at nothing, but who was incompetent to perform the ordinary duties of his post. In these circumstances it was thought desirable that there should be a division of labour. An Attorney, the value of whose professional talents was much diminished by his conscientious scruples, was coupled with a Solicitor whose want of scruples made some amends for his want of talents. When the government wished to enforce the law, recourse was had to Sawyer. When the government wished to break the law, recourse was had to Powis. This arrangement lasted till the King was able to obtain the services of an advocate at once baser than Powis and abler than Sawyer. No barrister living had opposed the Court with more virulence than William Williams. Williams SoliHe had distinguished himself in the late citor General. reign as a Whig and an Exclusionist. When faction was at the height, he had been chosen Speaker of the House of Commons. After the prorogation of the Oxford Parliament he had commonly been counsel for the most noisy demagogues who had been. accused of sedition. He was allowed to possess both parts and learning. His chief faults were supposed to be rashness and party spirit. It was not yet suspected that he had faults compared with which rashness and party spirit might well pass for virtues. The government sought occasion against him, and easily found it. He had published, by order of the House of Commons, a narrative which Dangerfield had written. This narrative, if published by a private man, would undoubtedly have been a seditious libel. A criminal information was filed in the King's Bench against Williams: he pleaded the privileges of Parliament in vain he was convicted and sentenced to a fine of ten thousand pounds. A large part of this sum he actually paid: for the rest he gave a bond. The Earl of Peter |