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CHAP.

X.

The Whig plan.

that he would defend her rights, and that, if she would support him, he hoped to place her alone on the throne.*

The course of the Whigs, meanwhile, was simple and consistent. Their doctrine was that the foundation of our government was a contract expressed on one side by the oath of allegiance, and on the other by the coronation oath, and that the duties imposed by this contract were mutual. They held that a sovereign who grossly abused his power might lawfully be withstood and dethroned by his people. That James had grossly abused his power was not disputed: and the whole Whig party was ready to pronounce that he had forfeited it. Whether the Prince of Wales was supposititious, was a point not worth discussing. There were now far stronger reasons than any which could be drawn from the circumstances of his birth for excluding him from the throne. A child, brought to the royal couch in a warming pan, might possibly prove a good King of England. But there could be no such hope for a child educated by a father who was the most stupid and obstinate of tyrants, in a foreign country, the seat of despotism and superstition; in a country where the last traces of liberty had disappeared; where the States General had ceased to meet; where parliaments had long registered without one remonstrance the most oppressive edicts of the sovereign; where valour, genius, learning, seemed to exist only for the purpose of aggrandising a single man; where adulation was the main business of the press, the pulpit, and the stage; and where one chief subject of adulation was the barbarous persecution of the Reformed Church. Was the boy likely to learn, under such tuition and in such a situation, respect for the institutions of his native land? Could it be doubted that he would be brought up to be the slave of the Jesuits and the Bourbons, and that he would be, if possible, more bitterly prejudiced than any preceding Stuart against the laws of England?

Nor did the Whigs think that, situated as the country then was, a departure from the ordinary rule of succession was in itself an evil. They were of opinion that, till that rule had been broken, the doctrines of indefeasible hereditary right and passive obedience would be pleasing to the Court, would be inculcated by the clergy, and would retain a strong hold on the public mind. The notion would still prevail that

* Clarendon's Diary, December 24. 1688; Burnet, i. 819.; Proposals humbly

offered in behalf of the Princess of Orange, January 28, 1683.

the kingly office is the ordinance of God in a sense different from that in which all government is His ordinance. It was plain that, till this superstition was extinct, the constitution could never be secure. For a really limited monarchy cannot long exist in a society which regards monarchy as something divine, and the limitations as mere human inventions. Royalty, in order that it might exist in perfect harmony with our liberties, must be unable to show any higher or more venerable title than that by which we hold our liberties. The King must be henceforth regarded as a magistrate, a great magistrate indeed and highly to be honoured, but subject, like all other magistrates, to the law, and deriving his power from heaven in no other sense than that in which the Lords and the Commons may be said to derive their power from heaven. The best way of effecting this salutary change would be to interrupt the course of descent. Under sovereigns who would consider it as little short of high treason to preach nonresistance and the patriarchal theory of government, under sovereigns whose authority, springing from resolutions of the two Houses, could never rise higher than its source, there would be little risk of oppression such as had compelled two generations of Englishmen to rise in arms against two generations of Stuarts. On these grounds the Whigs were prepared to declare the throne vacant, to fill it by election, and to impose on the prince of their choice such conditions as might secure the country against misgovernment.

СНАР.

X.

the Con

vention.

of the

The time for the decision of these great questions had now Meeting of arrived. At break of day on the twenty-second of January, the House of Commons was crowded with knights and bur- Leading gesses. On the benches appeared many faces which had been members well known in that place during the reign of Charles the House of Second, but had not been seen there under his successor. Commons. Most of those Tory squires, and of those needy retainers of the Court, who had been returned in multitudes to the Parliament of 1685, had given place to the men of the old country party, the men who had driven the Cabal from power, who had carried the Habeas Corpus Act, and who had sent up the Exclusion Bill to the Lords. Among them was Powle, deeply read in the history and law of Parliament, and distinguished by the species of eloquence which is required when grave questions are to be solemnly brought under the notice of senates, and Sir Thomas Littleton, versed in European politics, and gifted with a vehement and piercing logic which

CHAP.
X.

had often, when, after a long sitting, the candles had been lighted, roused the languishing House, and decided the event of the debate. There, too, was William Sacheverell, an orator whose great parliamentary abilities were, many years later, a favourite theme of old men who lived to see the conflicts of Walpole and Pulteney.* With these eminent persons was joined Sir Robert Clayton, the wealthiest merchant of London, whose palace in the Old Jewry surpassed in splendour the aristocratical mansions of Lincoln's Inn Fields and Covent Garden, whose villa among the Surrey hills was described as a garden of Eden, whose banquets vied with those of kings, and whose judicious munificence, still attested by numerous public monuments, had obtained for him in the annals of the City a place second only to that of Gresham. In the Parliament which met at Oxford in 1681, Clayton had, as member for the capital, and at the request of his constituents, moved for leave to bring in the Bill of Exclusion, and had been seconded by Lord Russell. In 1685 the City, deprived of its franchises and governed by the creatures of the Court, had returned four Tory representatives. But the old charter had now been restored; and Clayton had been again chosen by acclamation.† Nor must John Birch be passed over. He had begun life as a carter, but had, in the civil wars, left his team, had turned soldier, had risen to the rank of Colonel in the army of the Commonwealth, had, in high fiscal offices, shown great talents for business, had sate many years in Parliament, and, though retaining to the last the rough manners and plebeian dialect of his youth, had, by strong sense and mother wit, gained the ear of the Commons, and was regarded as a formidable opponent by the most accomplished debaters of his time. These were the most conspicuous among the veterans who now, after a long seclusion, returned to public life. But they were all speedily thrown into the shade by two younger Whigs, who, on this great day, took their seats for the first time, who soon rose to the highest honours of the state, who weathered together the fiercest storms of faction, and who having been long and widely renowned as statesmen, as orators, and as munificent patrons of genius and learning, died, within a few

* Burnet, i. 389.; and the notes of Speaker Onslow.

+ Evelyn's Diary, September 26. 1672, October 12. 1679, July 13. 1700; Sey.

mour's Survey of London.

Burnet, i. 388.; and Speaker Onslow's note.

months of each other, soon after the accession of the House of Brunswick. These were Charles Montague and John Somers.

One other name must be mentioned, a name then known only to a small circle of philosophers, but now pronounced beyond the Ganges and the Mississippi with reverence exceeding that which is paid to the memory of the greatest warriors and rulers. Among the crowd of silent members appeared the majestic forehead and pensive face of Isaac Newton. The renowned University on which his genius had already begun to impress a peculiar character, still plainly discernible after the lapse of more than a hundred and sixty years, had sent him to the Convention; and he sate there, in his modest greatness, the unobtrusive but unflinching friend of civil and religious freedom.

CHAP.

X.

The first act of the Commons was to choose a Speaker; Choice of a and the choice which they made indicated in a manner not Speaker. to be mistaken their opinion touching the great questions which they were about to decide. Down to the very eve of the meeting, it had been understood that Seymour would be placed in the chair. He had formerly sate there during several years. He had great and various titles to consideration; descent, fortune, knowledge, experience, eloquence. He had long been at the head of a powerful band of members from the Western counties. Though a Tory, he had in the last Parliament headed, with conspicuous ability and courage, the opposition to Popery and arbitrary power. He had been among the first gentlemen who had repaired to the Dutch head quarters at Exeter, and had been the author of that Association by which the Prince's adherents had bound themselves to stand or fall together. But, a few hours before the Houses met, a rumour was spread that Seymour was against declaring the throne vacant. As soon, therefore, as the benches had filled, the Earl of Wiltshire, who represented Hampshire, stood up, and proposed that Powle should be Speaker. Sir Vere Fane, member for Kent, seconded the motion. A plausible objection might have been raised; for it was known that a petition was about to be presented against Powle's return: but the general cry of the House called him to the chair; and the Tories thought it prudent to acquiesce. The mace was then laid on the table; the

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CHAP.
X.

list of members was called over; and the names of the defaulters were noted.

Meanwhile the Peers, about a hundred in number, had met, had chosen Halifax to be their Speaker, and had appointed several eminent lawyers to perform the functions which, in regular Parliaments, belong to the Judges. There was, in the course of that day, frequent communication between the Houses. They joined in requesting that the Prince would continue to administer the government till he should hear further from them, in expressing to him their gratitude for the deliverance which he, under God, had wrought for the nation, and in directing that the thirty-first of January should be observed as a day of thanksgiving for that deliverance.*

Thus far no difference of opinion had appeared: but both sides were preparing for the conflict. The Tories were strong in the Upper House, and weak in the Lower; and they knew that, at such a conjuncture, the House which should be the first to come to a resolution would have a great advantage over the other. There was not the least chance that the Commons would send up to the Lords a vote in favour of the plan of Regency: but, if such a vote were sent down from the Lords to the Commons, it was not absolutely impossible that many even of the Whig representatives of the people might be disposed to acquiesce rather than take the grave responsibility of causing discord and delay at a crisis which required union and expedition. The Commons had determined that, on Monday the twenty-eighth of January, they would take into consideration the state of the nation. The Tory Lords therefore proposed, on Friday the twenty-fifth, to enter instantly on the great business for which they had been called together. But their motives were clearly discerned and their tactics frustrated by Halifax, who, ever since his return from Hungerford, had seen that the settlement of the government could be effected on Whig principles only, and who had therefore, for the time, allied himself closely with the Whigs. Devonshire moved that Tuesday the twenty-ninth should be the day. "By that time," he said with more truth than discretion, we may have some lights from below which may be useful for our guidance." His motion was carried; but his language was severely

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Lords' and Commons' Journals, Jan. 22. 1688; Van Citter's despatch and Clarendon's Diary of the same date.

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