The History of England, from the Accession of James the Second - Volume 4, Thomas Babington Macaulay [early readers .txt] 📗

and importance, it is difficult to say. It seems however that, though he bore the title and drew the salary of Secretary of State, he was not trusted with any of the graver secrets of State, and that he was little more than a superintendent of police, charged to look after the printers of unlicensed books, the pastors of nonjuring congregations, and the haunters of treason taverns.411

Another Whig of far higher character was called at the same time to a far higher place in the administration. The Great Seal had now been four years in commission. Since Maynard's retirement, the constitution of the Court of Chancery had commanded little respect. Trevor, who was the First Commissioner, wanted neither parts nor learning; but his integrity was with good reason suspected; and the duties which, as Speaker of the House of Commons, he had to perform during four or five months in the busiest part of every year, made it impossible for him to be an efficient judge in equity. Every suitor complained that he had to wait a most unreasonable time for a judgment, and that, when at length a judgment had been pronounced, it was very likely to be reversed on appeal. Meanwhile there was no efficient minister of justice, no great functionary to whom it especially belonged to advise the King touching the appointment of judges, of Counsel for the Crown, of Justices of the Peace.412 It was known that William was sensible of the inconvenience of this state of things; and, during several months, there had been flying rumours that a Lord Keeper or a Lord Chancellor would soon be appointed.413 The name most frequently mentioned was that of Nottingham. But the same reasons which had prevented him from accepting the Great Seal in 1689 had, since that year, rather gained than lost strength. William at length fixed his choice on Somers.

Somers was only in his forty-second year; and five years had not elapsed since, on the great day of the trial of the Bishops, his powers had first been made known to the world. From that time his fame had been steadily and rapidly rising. Neither in forensic nor in parliamentary eloquence had he any superior. The consistency of his public conduct had gained for him the entire confidence of the Whigs; and the urbanity of his manners had conciliated the Tories. It was not without great reluctance that he consented to quit an assembly over which he exercised an immense influence for an assembly where it would be necessary for him to sit in silence. He had been but a short time in great practice. His savings were small. Not having the means of supporting a hereditary title, he must, if he accepted the high dignity which was offered to him, preside during some years in the Upper House without taking part in the debates. The opinion of others, however, was that he would be more useful as head of the law than as head of the Whig party in the Commons. He was sent for to Kensington, and called into the Council Chamber. Caermarthen spoke in the name of the King. "Sir John," he said, "it is necessary for the public service that you should take this charge upon you; and I have it in command from His Majesty to say that he can admit of no excuse." Somers submitted. The seal was delivered to him, with a patent which entitled him to a pension of two thousand a year from the day on which he should quit his office; and he was immediately sworn in a Privy Councillor and Lord Keeper.414

The Gazette which announced these changes in the administration, announced also the King's departure. He set out for Holland on the twenty-fourth of March.

He left orders that the Estates of Scotland should, after a recess of more than two years and a half, be again called together. Hamilton, who had lived many months in retirement, had, since the fall of Melville, been reconciled to the Court, and now consented to quit his retreat, and to occupy Holyrood House as Lord High Commissioner. It was necessary that one of the Secretaries of State for Scotland should be in attendance on the King. The Master of Stair had therefore gone to the Continent. His colleague, Johnstone, was chief manager for the Crown at Edinburgh, and was charged to correspond regularly with Carstairs, who never quitted William.415

It might naturally have been expected that the session would be turbulent. The Parliament was that very Parliament which had in 1689 passed, by overwhelming majorities, all the most violent resolutions which Montgomery and his club could frame, which had refused supplies, which had proscribed the ministers of the Crown, which had closed the Courts of justice, which had seemed bent on turning Scotland into an oligarchical republic. In 1690 the Estates had been in a better temper. Yet, even in 1690, they had, when the ecclesiastical polity of the realm was under consideration, paid little deference to what was well known to be the royal wish. They had abolished patronage; they had sanctioned the rabbling of the episcopal clergy; they had refused to pass a Toleration Act. It seemed likely that they would still be found unmanageable when questions touching religion came before them; and such questions it was unfortunately necessary to bring forward. William had, during the recess, attempted to persuade the General Assembly of the Church to receive into communion such of the old curates as should subscribe the Confession of Faith and should submit to the government of Synods. But the attempt had failed; and the Assembly had consequently been dissolved by the Lord Commissioner. Unhappily, the Act which established the Presbyterian polity had not defined the extent of the power which was to be exercised by the Sovereign over the Spiritual Courts. No sooner therefore had the dissolution been announced than the Moderator requested permission to speak. He was told that he was now merely a private person. As a private person he requested a hearing, and protested, in the name of his brethren, against the royal mandate. The right, he said, of the office bearers of the Church to meet and deliberate touching her interests was derived from her Divine Head, and was not dependent on the pleasure of the temporal magistrate. His brethren stood up, and by an approving murmur signified their concurrence in what their President had said. Before they retired they fixed a day for their next meeting.416 It was indeed a very distant day; and when it came neither minister nor elder attended;for even the boldest members shrank from a complete rupture with the civil power. But, though there was not open war between the Church and the Government, they were estranged from each other, jealous of each other, and afraid of each other. No progress had been made towards a reconciliation when the Estates met; and which side the Estates would take might well be doubted.

But the proceedings of this strange Parliament, in almost every one of its sessions, falsified all the predictions of politicians. It had once been the most unmanageable of senates. It was now the most obsequious. Yet the old men had again met in the old hall. There were all the most noisy agitators of the club, with the exception of Montgomery, who was dying of want and of a broken heart in a garret far from his native land. There was the canting Ross and the perfidious Annandale. There was Sir Patrick Hume, lately created a peer, and henceforth to be called Lord Polwarth, but still as eloquent as when his interminable declamations and dissertations ruined the expedition of Argyle. But the whole spirit of the assembly had undergone a change. The members listened with profound respect to the royal letter, and returned an answer in reverential and affectionate language. An extraordinary aid of a hundred and fourteen thousand pounds sterling was granted to the Crown. Severe laws were enacted against the Jacobites. The legislation on ecclesiastical matters was as Erastian as William himself could have desired. An Act was passed requiring all ministers of the Established Church to swear fealty to their Majesties, and directing the General Assembly to receive into communion those Episcopalian ministers, not yet deprived, who should declare that they conformed to the Presbyterian doctrine and discipline.417 Nay, the Estates carried adulation so far as to make it their humble request to the King that he would be pleased to confer a Scotch peerage on his favourite Portland. This was indeed their chief petition. They did not ask for redress of a single grievance. They contented themselves with hinting in general terms that there were abuses which required correction, and with referring the King for fuller information to his own Ministers, the Lord High Commissioner and the Secretary of State.418

There was one subject on which it may seem strange that even the most servile of Scottish Parliaments should have kept silence. More than a year had elapsed since the massacre of Glencoe; and it might have been expected that the whole assembly, peers, commissioners of shires, commissioners of burghs, would with one voice have demanded a strict investigation into that great crime. It is certain, however, that no motion for investigation was made. The state of the Gaelic clans was indeed taken into consideration. A law was passed for the more effectual suppressing of depredations and outrages beyond the Highland line; and in that law was inserted a special proviso reserving to Mac Callum More his hereditary jurisdiction. But it does not appear, either from the public records of the proceedings of the Estates, or from those private letters in which Johnstone regularly gave Carstairs an account of what had passed, that any speaker made any allusion to the fate of Mac Ian and his kinsmen.419 The only explanation of this extraordinary silence seems to be that the public men who were assembled in the capital of Scotland knew little and cared little about the fate of a thieving tribe of Celts. The injured clan, bowed down by fear of the allpowerful Campbells, and little accustomed to resort to the constituted authorities of the kingdom for protection or redress, presented no petition to the Estates. The story of the butchery had been told at coffeehouses, but had been told in different ways. Very recently, one or two books, in which the facts were but too truly related, had come forth from the secret presses of London. But those books were not publicly exposed to sale. They bore the name of no responsible author. The Jacobite writers were, as a class, savagely malignant and utterly regardless of truth. Since the Macdonalds did not complain, a prudent man might naturally be unwilling to incur the displeasure of the King, of the ministers, and of the most powerful family in Scotland, by bringing forward an accusation grounded on nothing but reports wandering from mouth to mouth, or pamphlets which no licenser had approved, to which no author had put his name, and which no bookseller ventured to place in his shop-window. But whether this be or be not the true solution, it is certain that the Estates separated quietly after a session of two months, during which, as far as can now be discovered, the name of Glencoe was not once uttered in the Parliament House.

CHAPTER XX

State of the Court of Saint Germains-Feeling of the Jacobites; Compounders and Noncompounders-Change of Ministry at Saint Germains; Middleton-New Declaration put forth by James-Effect of the new Declaration-French Preparations for the Campaign; Institution of the Order of Saint Lewis-Middleton's Account of Versailles-William's Preparations for the Campaign-Lewis takes the Field-Lewis returns to Versailles-Manoeuvres of Luxemburg- Battle of Landen-Miscarriage of the Smyrna Fleet-Excitement in London-Jacobite Libels; William Anderton-Writings and Artifices of the Jacobites-Conduct of Caermarthen-Now Charter granted to the East India Company-Return