CHAPTER V

1688-1689

Characteristics of the English Revolution--Views of the

various parties--The Convention--Proposal to declare the

throne vacant--The Regency question--The resolution of the

Commons--Amendment of the Lords--The crisis--Attitude of

Mary--Announcement of William--Resolution passed--Declaration

of Right--Tender of the crown.

It is significant of the peaceful and, so to speak, constitutional

character of our English Revolution that by far its most momentous

scenes were enacted within the four walls of the meeting-places of

deliberative assemblies, and find their chronicle in the dry record of

votes and resolutions. We have no "days," in the French sense of the

word, or hardly any, to commemorate. The gradual accomplishment of the

political work of 1688-89 is not marked and emphasised like that of

1789-92 at every stage by some out-door event of the picturesque, the

stirring, or the terrible kind--such for instance as those by which the

14th of July, the 6th of October, the 10th of August, and in a darker

order of memories, the 2d of September, have been made landmarks in the

revolutionary history of France. On every one of the days thus singled

out for glorious or for shameful remembrance, some irrevocable step was

taken--some new position gained by the advancing forces of French

democracy from which there was no retreat. We in England have no

anniversaries of the kind. We may remember, though we have ceased to

celebrate in our churches, the day in which William first set foot on

our shores; but we feel that after all it was not an "event" in the

sense of that other great Protestant deliverance with which in

month-date it so fortunately coincided, and for which the Anglican

liturgy economically set apart a common form of thanksgiving. The

discovery of the Gunpowder Plot was an incident having results of the

most permanent and unalterable character. It made all the difference

between the safety and the destruction of the Sovereign and the three

Estates of the Realm. Again, the execution of Charles I. determined

something, by committing the country to the military autocracy of

Cromwell and the powerful reaction of the Restoration. But this cannot

be said of the landing of the Prince of Orange at Torbay--the mere

opening of a drama which might have had any one of half a dozen

_dénoûments_; it can hardly even be said of the second and definitive

flight of James. The 23d of December 1688 was in one sense no more of an

"epoch-making" day than the 5th of November in the same year. It is true

that the sovereign's abandonment of his throne and country became

something more than a striking dramatic event; it was elevated into an

act of profound political import. It had or was invested with inward and

most momentous legal significance, in addition to its outward historical

prominence. But for all that it determined nothing at the moment of its

occurrence but the future of a single man. It is quite conceivable that

the mere flight of James II. should have settled no more than his own

incapacitation--that it should not even have brought about the exclusion

of his son from the succession, still less have led to the formal

recognition of a new principle in the English Constitution. True it is

that all these consequences were deducible from it as matter of

argument, and flowed from it in fact. True it is that, when James stole

down the Medway in the early morning of the 23d of December, he was

taking a step which was capable of being turned by the friends of

liberty and good government, or his own enemies,--and it was difficult

to be one without being the other,--to the disherison of his son, and

the far-reaching substitution of a statutory for a common-law monarchy.

But no less true is it that these results were very far from being

necessary or automatic in their character; that, on the contrary, they

hung for some critical days in the balance, and that the active

co-operation of human qualities in its very conspicuous and not too

common forms of courage, foresight, and political dexterity, was needed

in the last resort to secure them. It is for this reason that our

"days," our anniversaries of such merely external incidents as William's

landing or James's departure are, comparatively speaking, so

unimportant. No such incident either made or insured the making of our

existing English Constitution. The events which really made it passed,

as I have said, within the walls of two deliberative assemblies, between

January 23 and February 13, 1689, and its making was not actually

assured until this period was well-nigh expired.

How important was the political work compressed within these three

weeks will be at once apparent if now, having noted how little was

settled by the mere flight of James II., we go on to consider how great

was the variety of its possible results. James had ceased to be king _de

facto_, that was all; and the English people were pretty unanimous in

their determination that he should never be king _de facto_ again. But

was he still king _de jure_? If not, if he was not legally sovereign,

was any one? And if so, who? Upon each of these last three questions

there was room for difference of opinion, and upon at least two of them

opinion was in fact divided. A considerable section of the Tory party

were of opinion that James, although he had _de facto_ ceased to reign,

was still the only lawful king of England, in whose name, at any rate,

all royal authority should be exercised, and all royal acts of state

performed. To these men, therefore, the only legal and constitutional

solution of the problem appeared to be the creation of a Regency. They

were for raising William to the position of Regent, and empowering him

to preside over the actual government of the country in this capacity

during the life of his father-in-law.

A second section of the Tory party held, on the other hand, that James

having by his own act ceased to govern, had also ceased to reign. By

deliberately laying aside the sceptre he had brought about a demise of

the crown. It had simply devolved upon the person next in succession,

and that person was, they declared, the Princess Mary. There was no need

therefore for the creation of a Regent, and still less for the more

extreme and wholly unprecedented step of appointing a new sovereign. All

that was necessary was a mere formal recognition by the country of the

bare legal facts of the case. According to this party the Princess Mary

was in truth at that moment the lawful Queen of England, and nothing

more was needed than a national acknowledgment of her title.

To both of these doctrines the Whig party were equally opposed. They

held in opposition to the former, that James had ceased to reign, and in

opposition to the latter, that the crown had been not demised but simply

forfeited. The King's destruction of his own right could not have, and

had not had, the effect of transmitting them to any one else whomsoever.

They resided at that moment, whatever constitutional fictions might aver

to the contrary, in no one; and a special expression of the national

will, a special exertion of the national power, would be required in

favour of some designated successors to these rights before anybody

could be regarded, whether in fact or law, as invested with them.

Apart from all political prepossessions there can, I think, be no

serious dispute as to which was the most logical and tenable contention

of the three; and that this was distinctly that of the Whigs. The Tories

who contended that James had lost his right to the personal exercise of

the royal authority, while yet retaining so much of that authority that

any one who exercised it in his stead must be supposed to do so as his

deputy, were involved in a hopeless contradiction. In assuming to

appoint such deputy to act for a person whom they still persisted in

regarding as king _de jure_, they were themselves obviously usurping a

portion of that very _jus_ which they professed to respect. True, they

attempted to get over this objection by urging that James had placed

himself under a disability to exercise his royal authority, but they

could point to nothing in the facts of the case to support their

contention. Disability to exercise royal authority could, in the view of

the Constitution, arise from one cause alone, the same cause from which

in the view of the common law arises the disability to exercise civil

rights. The disabled King, like the disabled subject, must have become

mentally incapacitated; and James's incapacitation for the work of

government was purely moral. Setting aside the deposition and execution

of his father, which even the Whigs did not endeavour to elevate into a

regular precedent, there was no constitutional sanction for the

withdrawal of the reins of state from the hands of the monarch, on any

ground save that of insanity. Once extend this, and admit that a king

who is merely bad may be treated as though he were mad, and the Whig

doctrine is thereby absolutely conceded. As to the practical

inconveniences of a Regency exercised in the name of an actively hostile

sovereign--a sovereign who would have been sometimes in arms against his

own nominal authority, and always plotting its overthrow--they would of

course have been both grave and numerous. But it is less surprising that

the Regency party of that day should have ignored them than that they

should have been so indifferent to the complete surrender of their

political principles which was involved in the proposal to which they

committed themselves.

More logical in form, but equally untenable in fact, was the position

assumed by the other section of the Tory party. There was perhaps

nothing altogether irreconcilable with their principles in the theory

that a voluntary abandonment of the throne might operate as a demise of

the crown; but coolly to assert a right to pass over the infant Prince

of Wales on the strength of the mere idle story that he was a

supposititious child[6] was a pretension which, especially as put

forward by men who were such sticklers for constitutional fictions as to

insist that there must at any given moment be some one person or other

entitled to wear the English crown, appears little short of

preposterous.

The Whig theory of the situation rejected the fictions of both branches

of the Tory party with equal decision. There was no need, according to

the Whigs, for the country to bewilder itself in efforts to distinguish

between _de jure_ and _de facto_ sovereignty, still less to resort to

the far-fetched expedient of assuming a demise of the crown in order to

prevent the former kind of sovereignty from undergoing interruption. A

king, they held, might lose his title to the crown by a voluntary

abandonment of the throne; and he might lose that title without anybody

succeeding to it. Indeed, since the English crown devolved according to

the ordinary English laws of succession, it was impossible that anybody

should succeed to it by mere _operation of law_ during its former

wearer's life-time. If it was a principle of constitutional law that at

any given moment there must be some lawful king or queen of England in

existence, it was no less a principle of the common law that _nemo est

hæres viventis_. James, therefore, had according to the Whig theory

ceased to be sovereign, and no one else had become sovereign in his

stead: the throne was vacant. Being vacant it was for the Convention to

fill it, and the members of that body were both entitled and bound to

select the fittest successor to it, unconstrained, though not

necessarily uninfluenced, by the claims of successorship which would

have vested in this, that, or the other person under an ordinary demise

of the crown.

That this was the most logical and self-consistent view of the situation

appears to me undeniable; but it is a singular illustration of the

manner in which events may transpose the relative proportions of

principles that this Whig corollary from the abdication of James

appeared to the statesmen of the time, and even it should seem to

Macaulay, a century and a half after them, to be a more pregnant

assertion of democratic doctrine, and a bolder step in its application,

than that expressed in the earlier proposition that James had ceased to

reign. Nowadays the difference between the Tories who contended that the

crown had been demised, and the Whigs who insisted that the throne was

vacant, hardly arrests the student for an instant. He is disposed to

brush the Tory fiction aside as alike irrational and unnecessary. The

real passage of the Rubicon took place in his view of the matter when it

was declared that James had ceased to be _de jure_ king, and no

subsequent assertion of popular rights in the choice of a successor

could possibly be stronger or more important than that declaration

itself. Yet whereas the Convention accepted the first of these

propositions _nemine contradicente_, the second was only adopted after

having been once actually rejected, and was in fact the subject of so

sharp a conflict of opinion as to threaten irreconcilable deadlock

between the two branches of the constituent body.[7]

The Convention met on the 22d of January, when Halifax was chosen

president in the Lords; Powle, Speaker of the Commons. A letter from

William, read in both Houses, informed their members that he had

endeavoured to the best of his power to discharge the trust reposed in

him, and that it now rested with the Convention to lay the foundation of

a firm security for their religion, laws, and liberties. The Prince then

went on to refer to the dangerous condition of the Protestants in

Ireland and the present state of things abroad, which obliged him to

tell them that next to the danger of unreasonable divisions among

themselves, nothing could be so fatal as too great a delay in their

consultations. And he further intimated that as England was already

bound by treaty to help the Dutch in such exigencies as, deprived of the

troops which he had brought over, and threatened with war by Louis XIV.,

they might easily be reduced to, so he felt confident that the cheerful

concurrence of the Dutch in preserving this kingdom would meet with all

the returns of friendship from Protestants and Englishmen whenever their

own condition should require assistance. To this the two Houses replied

with an address thanking the Prince for his great care in the

administration of the affairs of the kingdom to this time, and formally

continuing to him the same commission,[8] recommending to his particular

care the present state of Ireland. William's answer to this address was

characteristic both of his temperament and his preoccupation. "My lords

and gentlemen," he said, "I am glad that what I have done hath pleased

you; and since you desire me to continue the administration of affairs,

I am willing to accept it. I must recommend to you the consideration of

affairs abroad which makes it fit for you to expedite your business, not

only for making a settlement at home on a good foundation, but for the

safety of Europe." On the 28th the Commons resolved themselves into a

committee of the whole House, and Richard Hampden, son of the great

John, was voted into the chair. The honour of having been the first to

speak the word which was on everybody's lips belongs to Gilbert Dolben,

son of a late Archbishop of York, who "made a long speech tending to

prove that the King's deserting his kingdom without appointing any

person to administer the government amounted in reason and judgment of

law to a demise." Sir Robert Howard, one of the members for Castle

Rising, went a step further, and asserted that the throne, was vacant.

The extreme Tories made a vain effort to procure an adjournment, but the

combination against them of Whigs and their own moderates was too strong

for them, and after a long and stormy debate the House resolved "That

King James II., having endeavoured to subvert the constitution by

breaking the original contract between the King and people, and by the

advice of Jesuits and other wicked persons having violated the

fundamental laws and withdrawn himself out of the kingdom, has abdicated

the government, and that the throne is thereby vacant."

This resolution was at once sent up to the Lords. Before, however, they

could proceed to consider it, another message arrived from the Commons

to the effect that they had just voted it inconsistent with the safety

and welfare of this Protestant nation to be governed by a Popish king.

To this resolution the Peers assented with a readiness which showed in

advance that James had no party in the Upper House, and that the utmost

length to which the Tories in that body were prepared to go was to

support the proposal of a Regency. The first resolution of the Commons

was then put aside in order that this proposal might be discussed. It

was Archbishop Sancroft's plan, who, however, did not make his

appearance to advocate it, and in his absence it was supported by

Rochester and Nottingham, while Halifax and Danby led the opposition to

it. After a day's debate it was lost by the narrow majority of two,

forty-nine peers declaring in its favour, and fifty-one against it. The

Lords then went into Committee on the Commons' resolution, and at once

proceeded, as was natural enough, to dispute the clause in its preamble

which referred to the original contract between the King and the people.

No Tory of course could really have subscribed to the doctrine implied

in these words; but it was doubtless as hard in those days as in these

to interest an assembly of English politicians in affirmations of

abstract political principle, and some Tories probably thought it not

worth while to multiply causes of dissent with the Lower House by

attacking a purely academic recital of their resolution. Anyhow, the

numbers of the minority slightly fell off, only forty-six peers

objecting to the phrase, while fifty-three voted that it should stand.

The word "deserted" was then substituted without a division for the word

"abdicated," and the hour being late, the Lords adjourned.

The real battle, of course, was now at hand, and to any one who assents

to the foregoing criticisms it will be evident that it was far less of a

conflict on a point of constitutional principle, and far more of a

struggle between the parties of two distinct--one cannot call them

rival--claimants to the throne than high-flying Whig writers are

accustomed to represent it. It would of course, be too much to say that

the Whigs insisted on declaring the vacancy of the throne, _only_

because they wished to place William on it, and that the Tories

contended for a demise of the crown, _only_ because they wished an

English princess to succeed to the throne rather than a Dutch prince.

Still, it is pretty certain that, but for this conflict of preferences,

the two political parties, who had made so little difficulty of agreeing

in the declaration that James had ceased to reign, would never have

found it so hard to concur in its almost necessary sequence that the

throne was vacant. The debate on the last clause of the resolution

began, and it soon became apparent that the Whigs were outnumbered. The

forty-nine peers who had supported the proposal of a Regency, which

implied that the royal title was still in James, were bound, of course,

to oppose the proposition that the throne was vacant; and they were

reinforced by several peers who held that that title had already

devolved upon Mary. An attempt to compromise the dispute by omitting the

words pronouncing the throne vacant, and inserting words which merely

proclaimed the Prince and Princess of Orange King and Queen, was

rejected by fifty-two votes to forty-seven[9]; and the original clause

was then put and negatived by fifty-five votes to forty-one.

Thus amended by the substitution of "deserted" for "abdicated," and the

omission of the words "and that the throne is thereby vacant," the

resolution was sent back to the Commons, who instantly and without a

division disagreed with the amendments. The situation was now becoming

critical. The prospect of a deadlock between the two branches of the

Convention threw London into a ferment; crowds assembled in Palace Yard;

petitions were presented in that tumultuous fashion which converts

supplication into menace. To their common credit, however, both parties

united in resistance to these attempts at popular coercion; and William

himself interposed to enjoin a stricter police of the capital. On

Monday, the 4th of February, the Lords resolved to insist on their

amendments; on the following day the Commons reaffirmed their

disagreement with them by 282 votes to 151. A free Conference between

the two Houses was then arranged, and met on the following day.

But the dispute, like many another in our political history, had

meanwhile been settled out of court. Between the date of the Peers' vote

and the Conference Mary had communicated to Danby her high displeasure

at the conduct of those who were setting up her claims in opposition to

those of her husband; and William, who had previously maintained an

unbroken silence, now made, unsolicited, a declaration of a most

important, and indeed of a conclusive kind. If the Convention, he said,

chose to adopt the plan of a Regency, he had nothing to say against it,

only they must look out for some other person to fill the office, for he

himself would not consent to do so. As to the alternative proposal of

putting Mary on the throne and allowing him to reign by her courtesy,

"No man," he said, "can esteem a woman more than I do the Princess; but

I am so made that I cannot think of holding anything by apron-strings;

nor can I think it reasonable to have any share in the government unless

it be put in my own person, and that for the term of my life. If you

think fit to settle it otherwise I will not oppose you, but will go back

to Holland and meddle no more in your affairs." These few sentences of

plain speaking swept away the clouds of intrigue and pedantry as by a

wholesome gust of wind. Both political parties at once perceived that

there was but one possible issue from the situation. The Conference was

duly held, and the constitutional question was, with great display of

now unnecessary learning, solemnly debated; but the managers for the two

Houses met only to register a foregone conclusion. The word "abdicated"

was restored; the vacancy of the throne was voted by sixty-two votes to

forty-seven; and it was immediately proposed and carried without a

division that the Prince and Princess of Orange should be declared King

and Queen of England.

It now only remained to give formal effect to this resolution, and in so

doing to settle the conditions whereon the crown, which the Convention

had now distinctly recognised itself as conferring upon the Prince and

Princess, should be conferred. A Committee appointed by the Commons to

consider what safeguards should be taken against the aggressions of

future sovereigns had made a report in which they recommended not only a

solemn enunciation of ancient constitutional principles, but the

enactment of new laws. The Commons, however, having regard to the

importance of prompt action, judiciously resolved on carrying out only

the first part of the programme. They determined to preface their tender

of the crown to William and Mary by a recital of the royal encroachments

of the past reigns, and a formal assertion of the constitutional

principles against which such encroachments had offended. This document,

drafted by a Committee of which the celebrated Somers, then a

scarcely-known young advocate, was the chairman, was the famous

DECLARATION OF RIGHT.

The grievances which it recapitulated in its earlier portion, fourteen

in number, were as follows:--(1) the royal pretension to dispense with

and suspend laws without consent of Parliament; (2) the punishment of

subjects, as in the Seven Bishops' case, for petitioning the Crown; (3)

the establishment of the illegal Court of High Commission for

ecclesiastical affairs; (4) the levy of taxes without the consent of

Parliament; (5) the maintenance of a standing army in time of peace

without the same consent; (6) the disarmament of Protestants while

Papists were both armed and employed contrary to law; (7) the violation

of the freedom of election; (8) the prosecution in the King's Bench of

suits only cognisable in Parliament; (9) the return of partial and

corrupt juries; (10) the requisition of excessive bail; (11) the

imposition of excessive fines; (12) the infliction of illegal and cruel

punishments; (13) the grants of the estates of accused persons before

conviction. Then, after solemnly reaffirming the popular rights from

which these abuses of the prerogative derogated, the Declaration goes on

to recite that, having an "entire confidence" William would "preserve

them from the violation of the rights which they have here asserted, the

Three Estates do resolve that William and Mary, Prince and Princess of

Orange, be and be declared King and Queen ... to hold the Crown and

Royal Dignity ... to them the said Prince and Princess during their

Lives and the Life of the Survivor of them; and the sole and full

exercise of the Royal Power be only in and exercised by the said Prince

of Orange, in the Names of the said Prince and Princess during their

Lives, and after their Deceases, the said Crown and Royal Dignity of the

said Kingdoms and Dominions to the Heirs of the Body of the said

Princess; and, for default of such Issue, to the Princess Anne of

Denmark and the Heirs of her Body; and, for default of such Issue, to

the Issue of the said Prince of Orange." Then followed an alteration

required by the scrupulous conscience of Nottingham in the terms of the

Oath of Allegiance.

On the 12th of February Mary arrived from Holland. On the following day,

in the Banqueting House at Whitehall, the Prince and Princess of Orange

were waited on by both Houses of Convention in a body. The Declaration

was read by the Clerk of the Crown; the sovereignty solemnly tendered to

them by Halifax, in the name of the Estates; and on the same day they

were proclaimed King and Queen in the usual places in the cities of

London and Westminster.

FOOTNOTES:

[6] _How_ idle this story was may best be judged by studying the

so-called evidence in its favour, as set forth in the pages of that

writer who, more perhaps than any other chronicler of the events of that

period, would have liked to establish its truth. No one, I think, can

read Burnet's account of the Queen's accouchement, so completely

demonstrating as it does the _impossibility_ of the alleged fraud,

without wondering at the strength of the partisanship and popular

prejudice which could for a moment have believed in its perpetration.

[7] The fact that the _practical_ cause of this sharp conflict was the

rivalry between the partisans of William and those of Mary is only a

partial explanation of the phenomenon referred to in the text. It is a

reason for the Convention having debated the Whig corollary so much, but

not for their debating the Whig-Tory original proposition so little. Of

course the _practical_ explanation is the simple one, that James had

made himself impossible. Both parties concurred so readily in that

opinion that they applied it without either of them pausing to consider

its scope as a precedent, and that, quite apart from all controversies

as to regency, demise of the crown, vacancy of the throne, or what not,

the first instance in which a people pronounced _any_ king

impossible--such king being of sound mind, and still asserting his

sovereignty--let in the whole modern democratic theory.

[8] It is somewhat singular that Macaulay should have taken no notice of

an address which really constituted William's sole legal, or quasi legal

title to the administration of affairs between the assembling of the

Convention (which necessarily revoked his original commission) and the

conclusion of its king-making labours.

[9] The offer and rejection of this compromise appears to me to be

additional proof of the proposition advanced in the text--viz. that both

Whigs and Tories were far more solicitous for the success of their

candidate than for the triumph of their principles. Macaulay, it is

true, contends, as from his point of view he was bound to do, that the

Whigs made no concession of principle in proposing their compromise; for

if, he argues, the Convention could elect William and Mary there must

have been a vacancy of the throne. But surely the resolution as amended

might have been treated as merely _declaratory_ of Mary's title, and

elective only so far as it associated William with her on a throne which

had become his wife's by succession, and so would never have been

vacated at all. No; it was a genuine and not a fictitious surrender of

Whig principle; and while it proved that the Whigs were prepared to

offer any such concession as would make William King, its rejection

proved that the Tories cared for no such concession as did not leave

Mary sole Queen. The gain of votes which the Whigs secured by the

compromise probably represents the proportion of peers who really cared

for the abstract principle apart from the concrete facts.

William the Third · 第 5 / 15 章