X. inent. It was urged that he might more correctly be said to CHAP. have deserted it. This amendment was adopted, it should seem, with scarcely any debate, and without a division. By this time it was late; and the Lords again adjourned.* of Danby. Up to this moment the small body of peers which was Schism under the guidance of Danby had acted in firm union with between the Whigs Halifax and the Whigs. The effect of this union had been and the that the plan of Regency had been rejected, and the doctrine followers of the original contract affirmed. The proposition that James had ceased to be King had been the rallying point of the two parties which had made up the majority. But from that point their path diverged. The next question to be decided was whether the throne was vacant; and this was a question not merely verbal, but of grave practical importance. If the throne was vacant, the Estates of the Realm might place William in it. If it was not vacant, he could succeed to it only after his wife, after Anne, and after Anne's posterity. It was, according to the followers of Danby, an established maxim that our country could not be, even for a moment, without a rightful prince. The man might die; but the magistrate was immortal. The man might abdicate; but the magistrate was irremovable. If, these politicians said, we once admit that the throne is vacant, we admit that it is elective. The sovereign whom we may place on it will be a sovereign, not after the English, but after the Polish, fashion. Even if we choose the very person who would reign by right of birth, still that person will reign not by right of birth, but in virtue of our choice, and will take as a gift what ought to be regarded as an inheritance. That salutary reverence with which the blood royal and the order of primogeniture have hitherto been regarded will be greatly diminished. Still more serious will the evil be, if we not only fill the throne by election, but fill it with a prince who has doubtless the qualities of a great and good ruler, and who has wrought a wonderful deliverance for us, but who is not first nor even second in the order of succession. If we once say that merit, however eminent, shall be a title to the crown, we disturb the very foundations of our polity, and furnish a precedent of which every ambitious warrior or statesman who may have rendered any great service to the public will be tempted to avail himself. This danger we avoid if we logically follow out the principles of the constitution to their consequences. * Lords' Journals, Jan. 30. 1683; Clarendon's Diary. CHAP. There has been a demise of the crown. At the instant of X. the demise the next heir became our lawful sovereign. We consider the Princess of Orange as next heir; and we hold that she ought, without any delay, to be proclaimed, what she already is, our Queen. Meeting at Devon The Whigs answered that it was idle to apply ordinary rules to a country in a state of revolution, that the great question now depending was not to be decided by the saws of pedantic Templars, and that, if it were to be so decided, such saws might be quoted on one side as well as the other. If it were a legal maxim that the throne could never be vacant, it was also a legal maxim that a living man could have no heir. James was still living. How then could the Princess of Orange be his heir? The truth was that the laws of England had made full provision for the succession. when the power of a sovereign and his natural life terminated together, but had made no provision for the very rare cases in which his power terminated before the close of his natural life; and with one of those very rare cases the Convention had now to deal. That James no longer filled the throne both Houses had pronounced. Neither common law nor statute law designated any person as entitled to fill the throne between his demise and his decease. It followed that the throne was vacant, and that the Houses might invite the Prince of Orange to fill it. That he was not next in order of birth was true: but this was no disadvantage on the contrary, it was a positive recommendation. Hereditary monarchy was a good political institution, but was by no means more sacred than other good political institutions. Unfortunately, bigoted and servile theologians had turned it into a religious mystery, almost as awful and as incomprehensible as transubstantiation itself. To keep the institution, and yet to get rid of the abject and noxious superstitions with which it had of late years been associated and which had made it a curse instead of a blessing to society, ought to be the first object of English statesmen; and that object would be best attained by slightly deviating for a time from the general rule of descent, and then returning to it. Many attempts were made to prevent an open breach bethe Earl of tween the party of the Prince and the party of the Princess. A great meeting was held at the Earl of Devonshire's house, and the dispute was warm. Halifax was the chief speaker shire's. for William, Danby for Mary. Of the mind of Mary Danby On the thirty-first of January the debate which had terminated thus in private was publicly renewed in the House of Peers. That day had been fixed for the national thanksgiving. An office had been drawn up for the occasion by several Bishops, among whom were Ken and Sprat. It is perfectly free both from the adulation and from the malignity by which such compositions were in that age too often deformed, and sustains, better perhaps than any occasional service which has been framed during two centuries, a comparison with that great model of chaste, lofty, and pathetic eloquence, the Book of Common Prayer. The Lords went in the morning to Westminster Abbey. The Commons had desired Burnet to preach before them at Saint Margaret's. He was not likely to fall into the same error which had been committed in the same place on the preceding day. His vigorous and animated discourse doubtless called forth the loud hums of his auditors. It was not only printed by command of the House, but was * Dartmouth's note on Burnet, i. 393. Dartmouth says that it was from Fagel that the Lords extracted the hint. This was a slip of the pen very pardonable in a hasty marginal note; but Dalrymple and others ought not to have copied so palpable a blunder. Fagel died in Hol- X. CHAP. X. Debate in the Lords on the question whether the throne translated into French for the edification of foreign Protestants.* The day closed with the festivities usual on such occasions. The whole town shone bright with fireworks and bonfires: the roar of guns and the pealing of bells lasted till the night was far spent: but, before the lights were extinct and the streets silent, an event had taken place which threw a damp on the public joy. The Peers had repaired from the Abbey to their house, and had resumed the discussion on the state of the nation. The last words of the resolution of the Commons were taken into consideration; and it soon became clear that the majority was vacant. was not disposed to assent to those words. To near fifty Lords who held that the regal title still belonged to James were now added seven or eight who held that it had already devolved on Mary. The Whigs, finding themselves outnumbered, tried to compromise the dispute. They proposed to omit the words which pronounced the throne vacant, and simply to declare the Prince and Princess King and Queen. It was manifest that such a declaration implied, though it did not expressly affirm, all that the Tories were unwilling to concede. For nobody could pretend that William had succeeded to the regal office by right of birth. To pass a resolution acknowledging him as King was therefore an act of election; and how could there be an election without a vacancy? The proposition of the Whig Lords was rejected by fifty-two votes to forty-seven. The question was then put whether the throne was vacant. The Contents were only forty-one: the Noncontents fifty-five. Of the minority thirty-six protested.† Majority for the negative. Agitation in London. During the two following days London was in an unquiet and anxious state. The Tories began to hope that they might be able again to bring forward their favourite plan of Regency with better success. Perhaps the Prince himself, when he found that he had no chance of wearing the crown, might prefer Sancroft's scheme to Danby's. It was better doubtless to be a King than to be a Regent: but it was better to be a Regent than to be a gentleman usher. On the other side the lower and fiercer class of Whigs, the old emissaries of Shaftesbury, the old associates of College, began to stir in the City. Crowds assembled in Palace Yard, and held threatening language. Lord Lovelace, who Both the service and Burnet's sermon are still to be found in our great libraries, and will repay the trouble of perusal. + Lords' Journals, Jan 31. 1688. was suspected of having encouraged these assemblages, informed the Peers that he was charged with a petition requesting them instantly to declare the Prince and Princess of Orange King and Queen. He was asked by whom the petition was signed. "There are no hands to it yet," he answered; "but, when I bring it here next, there shall be hands enough." This menace alarmed and disgusted his own party. The leading Whigs were, in truth, even more anxious than the Tories that the deliberations of the Convention should be perfectly free, and that it should not be in the power of any adherent of James to allege that either House had acted under force. A petition, similar to that which had been entrusted to Lovelace, was brought into the House of Commons, but was contemptuously rejected. Maynard was foremost in protesting against the attempt of the rabble in the streets to overawe the Estates of the Realm. William sent for Lovelace, expostulated with him strongly, and ordered the magistrates to act with vigour against all unlawful assemblies. Nothing in the history of our revolution is more deserving of admiration and of imitation than the manner in which the two parties in the Convention, at the very moment at which their disputes ran highest, joined like one man to resist the dictation of the mob of the capital. CHAP. X. the Con But, though the Whigs were fully determined to maintain Letter of order and to respect the freedom of debate, they were equally James to determined to make no concession. On Saturday, the second vention. of February, the Commons, without a division, resolved to adhere to their resolution as it originally stood. James, as usual, came to the help of his enemies. A letter from him to the Convention had just arrived in London. It had been transmitted to Preston by the apostate Melfort, who was now high in favour at Saint Germains. The name of Melfort was an abomination to every Churchman. That he was still a confidential minister was alone sufficient to prove that his master's folly and perverseness were incurable. No member of either House ventured to propose that a paper which came from such a quarter should be read. The contents, however, were well known to all the town. His Majesty exhorted the Lords and Commons not to despair of his clemency, and graciously * Van Citters, Feb. 1689; Clarendon's Diary, Feb. 2. The story is greatly exaggerated in the work entitled Revolution Politics, an eminently absurd book, yet of some value as a record of |