Volume I Part 21 (1/2)

The Court and the Parliament had been greatly moved by the news from the West. At five in the morning of Sat.u.r.day the thirteenth of June, the King had received the letter which the Mayor of Lyme had despatched from Honiton. The Privy Council was instantly called together. Orders were given that the strength of every company of infantry and of every troop of cavalry should be increased. Commissions were issued for the levying of new regiments. Alford's communication was laid before the Lords; and its substance was communicated to the Commons by a message. The Commons examined the couriers who had arrived from the West, and instantly ordered a bill to be brought in for attainting Monmouth of high treason.

Addresses were voted a.s.suring the King that both his peers and his people were determined to stand by him with life and fortune against all his enemies. At the next meeting of the Houses they ordered the Declaration of the rebels to be burned by the hangman, and pa.s.sed the bill of attainder through all its stages. That bill received the royal a.s.sent on the same day; and a reward of five thousand pounds was promised for the apprehension of Monmouth. [369]

The fact that Monmouth was in arms against the government was so notorious that the bill of attainder became a law with only a faint show of opposition from one or two peers, and has seldom been severely censured even by Whig historians. Yet, when we consider how important it is that legislative and judicial functions should be kept distinct, how important it is that common fame, however strong and general, should not be received as a legal proof of guilt, how important it is to maintain the rule that no man shall be condemned to death without an opportunity of defending himself, and how easily and speedily breaches in great principles, when once made, are widened, we shall probably be disposed to think that the course taken by the Parliament was open to some objection. Neither House had before it anything which even so corrupt a judge as Jeffreys could have directed a jury to consider as proof of Monmouth's crime. The messengers examined by the Commons were not on oath, and might therefore have related mere fictions without incurring the penalties of perjury. The Lords, who might have administered an oath, appeared not to have examined any witness, and to have had no evidence before them except the letter of the Mayor of Lyme, which, in the eye of the law, was no evidence at all. Extreme danger, it is true, justifies extreme remedies. But the Act of Attainder was a remedy which could not operate till all danger was over, and which would become superfluous at the very moment at which it ceased to be null. While Monmouth was in arms it was impossible to execute him. If he should be vanquished and taken, there would be no hazard and no difficulty in trying him. It was afterwards remembered as a curious circ.u.mstance that, among zealous Tories who went up with the bill from the House of Commons to the bar of the Lords, was Sir John Fenwick, member for Northumberland. This gentleman, a few years later, had occasion to reconsider the whole subject, and then came to the conclusion that acts of attainder are altogether unjustifiable. [370]

The Parliament gave other proofs of loyalty in this hour of peril.

The Commons authorised the King to raise an extraordinary sum of four hundred thousand pounds for his present necessities, and that he might have no difficulty in finding the money, proceeded to devise new imposts. The scheme of taxing houses lately built in the capital was revived and strenuously supported by the country gentlemen. It was resolved not only that such houses should be taxed, but that a bill should be brought in prohibiting the laying of any new foundations within the bills of mortality. The resolution, however, was not carried into effect. Powerful men who had land in the suburbs and who hoped to see new streets and squares rise on their estates, exerted all their influence against the project. It was found that to adjust the details would be a work of time; and the King's wants were so pressing that he thought it necessary to quicken the movements of the House by a gentle exhortation to speed. The plan of taxing buildings was therefore relinquished; and new duties were imposed for a term of five years on foreign silks, linens, and spirits. [371]

The Tories of the Lower House proceeded to introduce what they called a bill for the preservation of the King's person and government.

They proposed that it should be high treason to say that Monmouth was legitimate, to utter any words tending to bring the person or government of the sovereign into hatred or contempt, or to make any motion in Parliament for changing the order of succession. Some of these provisions excited general disgust and alarm. The Whigs, few and weak as they were, attempted to rally, and found themselves reinforced by a considerable number of moderate and sensible Cavaliers. Words, it was said, may easily be misunderstood by a dull man. They may be easily misconstrued by a knave. What was spoken metaphorically may be apprehended literally. What was spoken ludicrously may be apprehended seriously. A particle, a tense, a mood, an emphasis, may make the whole difference between guilt and innocence. The Saviour of mankind himself, in whose blameless life malice could find no acts to impeach, had been called in question for words spoken. False witnesses had suppressed a syllable which would have made it clear that those words were figurative, and had thus furnished the Sanhedrim with a pretext under which the foulest of all judicial murders had been perpetrated. With such an example on record, who could affirm that, if mere talk were made a substantive treason, the most loyal subject would be safe? These arguments produced so great an effect that in the committee amendments were introduced which greatly mitigated the severity of the bill. But the clause which made it high treason in a member of Parliament to propose the exclusion of a prince of the blood seems to have raised no debate, and was retained. That clause was indeed altogether unimportant, except as a proof of the ignorance and inexperience of the hotheaded Royalists who thronged the House of Commons. Had they learned the first rudiments of legislation, they would have known that the enactment to which they attached so much value would be superfluous while the Parliament was disposed to maintain the order of succession, and would be repealed as soon as there was a Parliament bent on changing the order of succession. [372]

The bill, as amended, was pa.s.sed and carried up to the Lords, but did not become law. The King had obtained from the Parliament all the pecuniary a.s.sistance that he could expect; and he conceived that, while rebellion was actually raging, the loyal n.o.bility and gentry would be of more use in their counties than at Westminster. He therefore hurried their deliberations to a close, and, on the second of July, dismissed them. On the same day the royal a.s.sent was given to a law reviving that censors.h.i.+p of the press which had terminated in 1679. This object was affected by a few words at the end of a miscellaneous statute which continued several expiring acts. The courtiers did not think that they had gained a triumph. The Whigs did not utter a murmur. Neither in the Lords nor in the Commons was there any division, or even, as far as can now be learned, any debate on a question which would, in our age, convulse the whole frame of society. In truth, the change was slight and almost imperceptible; for, since the detection of the Rye House plot, the liberty of unlicensed printing had existed only in name. During many months scarcely one Whig pamphlet had been published except by stealth; and by stealth such pamphlets might be published still. [373]

The Houses then rose. They were not prorogued, but only adjourned, in order that, when they should rea.s.semble, they might take up their business in the exact state in which they had left it. [374]

While the Parliament was devising sharp laws against Monmouth and his partisans, he found at Taunton a reception which might well encourage him to hope that his enterprise would have a prosperous issue. Taunton, like most other towns in the south of England, was, in that age, more important than at present. Those towns have not indeed declined. On the contrary, they are, with very few exceptions, larger and richer, better built and better peopled, than in the seventeenth century. But, though they have positively advanced, they have relatively gone back. They have been far outstripped in wealth and population by the great manufacturing and commercial cities of the north, cities which, in the time of the Stuarts, were but beginning to be known as seats of industry. When Monmouth marched into Taunton it was an eminently prosperous place.

Its markets were plentifully supplied. It was a celebrated seat of the woollen manufacture. The people boasted that they lived in a land flowing with milk and honey. Nor was this language held only by partial natives; for every stranger who climbed the graceful tower of St. Mary Magdalene owned that he saw beneath him the most fertile of English valleys. It was a country rich with orchards and green pastures, among which were scattered, in gay abundance, manor houses, cottages, and village spires. The townsmen had long leaned towards Presbyterian divinity and Whig politics. In the great civil war Taunton had, through all vicissitudes, adhered to the Parliament, had been twice closely besieged by Goring, and had been twice defended with heroic valour by Robert Blake, afterwards the renowned Admiral of the Commonwealth.

Whole streets had been burned down by the mortars and grenades of the Cavaliers. Food had been so scarce that the resolute governor had announced his intention of putting the garrison on rations of horse flesh. But the spirit of the town had never been subdued either by fire or by hunger. [375]

The Restoration had produced no effect on the temper of the Taunton men.

They had still continued to celebrate the anniversary of the happy day on which the siege laid to their town by the royal army had been raised; and their stubborn attachment to the old cause had excited so much fear and resentment at Whitehall that, by a royal order, their moat had been filled up, and their wall demolished to the foundation. [376] The puritanical spirit had been kept up to the height among them by the precepts and example of one of the most celebrated of the dissenting clergy, Joseph Alleine. Alleine was the author of a tract, ent.i.tled, An Alarm to the Unconverted, which is still popular both in England and in America. From the gaol to which he was consigned by the victorious Cavaliers, he addressed to his loving friends at Taunton many epistles breathing the spirit of a truly heroic piety. His frame soon sank under the effects of study, toil, and persecution: but his memory was long cherished with exceeding love and reverence by those whom he had exhorted and catechised. [377]

The children of the men who, forty years before, had manned the ramparts of Taunton against the Royalists, now welcomed Monmouth with transports of joy and affection. Every door and window was adorned with wreaths of flowers. No man appeared in the streets without wearing in his hat a green bough, the badge of the popular cause. Damsels of the best families in the town wove colours for the insurgents. One flag in particular was embroidered gorgeously with emblems of royal dignity, and was offered to Monmouth by a train of young girls. He received the gift with the winning courtesy which distinguished him. The lady who headed the procession presented him also with a small Bible of great price.

He took it with a show of reverence. ”I come,” he said, ”to defend the truths contained in this book, and to seal them, if it must be so, with my blood.” [378]

But while Monmouth enjoyed the applause of the mult.i.tude, he could not but perceive, with concern and apprehension, that the higher cla.s.ses were, with scarcely an exception, hostile to his undertaking, and that no rising had taken place except in the counties where he had himself appeared. He had been a.s.sured by agents, who professed to have derived their information from Wildman, that the whole Whig aristocracy was eager to take arms. Nevertheless more than a week had now elapsed since the blue standard had been set up at Lyme. Day labourers, small farmers, shopkeepers, apprentices, dissenting preachers, had flocked to the rebel camp: but not a single peer, baronet, or knight, not a single member of the House of Commons, and scarcely any esquire of sufficient note to have ever been in the commission of the peace, had joined the invaders.

Ferguson, who, ever since the death of Charles, had been Monmouth's evil angel, had a suggestion ready. The Duke had put himself into a false position by declining the royal t.i.tle. Had he declared himself sovereign of England, his cause would have worn a show of legality. At present it was impossible to reconcile his Declaration with the principles of the const.i.tution. It was clear that either Monmouth or his uncle was rightful King. Monmouth did not venture to p.r.o.nounce himself the rightful King, and yet denied that his uncle was so. Those who fought for James fought for the only person who ventured to claim the throne, and were therefore clearly in their duty, according to the laws of the realm. Those who fought for Monmouth fought for some unknown polity, which was to be set up by a convention not yet in existence. None could wonder that men of high rank and ample fortune stood aloof from an enterprise which threatened with destruction that system in the permanence of which they were deeply interested. If the Duke would a.s.sert his legitimacy and a.s.sume the crown, he would at once remove this objection. The question would cease to be a question between the old const.i.tution and a new const.i.tution. It would be merely a question of hereditary right between two princes.

On such grounds as these Ferguson, almost immediately after the landing, had earnestly pressed the Duke to proclaim himself King; and Grey had seconded Ferguson. Monmouth had been very willing to take this advice; but Wade and other republicans had been refractory; and their chief, with his usual pliability, had yielded to their arguments. At Taunton the subject was revived. Monmouth talked in private with the dissentients, a.s.sured them that he saw no other way of obtaining the support of any portion of the aristocracy, and succeeded in extorting their reluctant consent. On the morning of the twentieth of June he was proclaimed in the market place of Taunton. His followers repeated his new t.i.tle with affectionate delight. But, as some confusion might have arisen if he had been called King James the Second, they commonly used the strange appellation of King Monmouth: and by this name their unhappy favourite was often mentioned in the western counties, within the memory of persons still living. [379]

Within twenty-four hours after he had a.s.sumed the regal t.i.tle, he put forth several proclamations headed with his sign manual. By one of these he set a price on the head of his rival. Another declared the Parliament then sitting at Westminster an unlawful a.s.sembly, and commanded the members to disperse. A third forbade the people to pay taxes to the usurper. A fourth p.r.o.nounced Albemarle a traitor. [380]

Albemarle transmitted these proclamations to London merely as specimens of folly and impertinence. They produced no effect, except wonder and contempt; nor had Monmouth any reason to think that the a.s.sumption of royalty had improved his position. Only a week had elapsed since he had solemnly bound himself not to take the crown till a free Parliament should have acknowledged his rights. By breaking that engagement he had incurred the imputation of levity, if not of perfidy. The cla.s.s which he had hoped to conciliate still stood aloof. The reasons which prevented the great Whig lords and gentlemen from recognising him as their King were at least as strong as those which had prevented them from rallying round him as their Captain General. They disliked indeed the person, the religion, and the politics of James. But James was no longer young. His eldest daughter was justly popular. She was attached to the reformed faith. She was married to a prince who was the hereditary chief of the Protestants of the Continent, to a prince who had been bred in a republic, and whose sentiments were supposed to be such as became a const.i.tutional King. Was it wise to incur the horrors of civil war, for the mere chance of being able to effect immediately what nature would, without bloodshed, without any violation of law, effect, in all probability, before many years should have expired? Perhaps there might be reasons for pulling down James. But what reason could be given for setting up Monmouth? To exclude a prince from the throne on account of unfitness was a course agreeable to Whig principles. But on no principle could it be proper to exclude rightful heirs, who were admitted to be, not only blameless, but eminently qualified for the highest public trust. That Monmouth was legitimate, nay, that he thought himself legitimate, intelligent men could not believe. He was therefore not merely an usurper, but an usurper of the worst sort, an impostor. If he made out any semblance of a case, he could do so only by means of forgery and perjury. All honest and sensible persons were unwilling to see a fraud which, if practiced to obtain an estate, would have been punished with the scourge and the pillory, rewarded with the English crown. To the old n.o.bility of the realm it seemed insupportable that the b.a.s.t.a.r.d of Lucy Walters should be set up high above the lawful descendants of the Fitzalans and De Veres. Those who were capable of looking forward must have seen that, if Monmouth should succeed in overpowering the existing government, there would still remain a war between him and the House of Orange, a war which might last longer and produce more misery than the war of the Roses, a war which might probably break up the Protestants of Europe into hostile parties, might arm England and Holland against each other, and might make both those countries an easy prey to France. The opinion, therefore, of almost all the leading Whigs seems to have been that Monmouth's enterprise could not fail to end in some great disaster to the nation, but that, on the whole, his defeat would be a less disaster than his victory.

It was not only by the inaction of the Whig aristocracy that the invaders were disappointed. The wealth and power of London had sufficed in the preceding generation, and might again suffice, to turn the scale in a civil conflict. The Londoners had formerly given many proofs of their hatred of Popery and of their affection for the Protestant Duke.

He had too readily believed that, as soon as he landed, there would be a rising in the capital. But, though advices came down to him that many thousands of the citizens had been enrolled as volunteers for the good cause, nothing was done. The plain truth was that the agitators who had urged him to invade England, who had promised to rise on the first signal, and who had perhaps imagined, while the danger was remote, that they should have the courage to keep their promise, lost heart when the critical time drew near. Wildman's fright was such that he seemed to have lost his understanding. The craven Danvers at first excused his inaction by saying that he would not take up arms till Monmouth was proclaimed King, and when Monmouth had been proclaimed King, turned round and declared that good republicans were absolved from all engagements to a leader who had so shamefully broken faith. In every age the vilest specimens of human nature are to be found among demagogues.

[381]

On the day following that on which Monmouth had a.s.sumed the regal t.i.tle he marched from Taunton to Bridgewater. His own spirits, it was remarked, were not high. The acclamations of the devoted thousands who surrounded him wherever he turned could not dispel the gloom which sate on his brow. Those who had seen him during his progress through Somersets.h.i.+re five years before could not now observe without pity the traces of distress and anxiety on those soft and pleasing features which had won so many hearts. [382]

Ferguson was in a very different temper. With this man's knavery was strangely mingled an eccentric vanity which resembled madness. The thought that he had raised a rebellion and bestowed a crown had turned his head. He swaggered about, brandis.h.i.+ng his naked sword, and crying to the crowd of spectators who had a.s.sembled to see the army march out of Taunton, ”Look at me! You have heard of me. I am Ferguson, the famous Ferguson, the Ferguson for whose head so many hundred pounds have been offered.” And this man, at once unprincipled and brainsick, had in his keeping the understanding and the conscience of the unhappy Monmouth.

[383]

Bridgewater was one of the few towns which still had some Whig magistrates. The Mayor and Aldermen came in their robes to welcome the Duke, walked before him in procession to the high cross, and there proclaimed him King. His troops found excellent quarters, and were furnished with necessaries at little or no cost by the people of the town and neighbourhood. He took up his residence in the Castle, a building which had been honoured by several royal visits. In the Castle Field his army was encamped. It now consisted of about six thousand men, and might easily have been increased to double the number, but for the want of arms. The Duke had brought with him from the Continent but a scanty supply of pikes and muskets. Many of his followers had, therefore, no other weapons than such as could be fas.h.i.+oned out of the tools which they had used in husbandry or mining. Of these rude implements of war the most formidable was made by fastening the blade of a scythe erect on a strong pole. [384] The t.i.thing men of the country round Taunton and Bridgewater received orders to search everywhere for scythes and to bring all that could be found to the camp. It was impossible, however, even with the help of these contrivances, to supply the demand; and great numbers who were desirous to enlist were sent away. [385]

The foot were divided into six regiments. Many of the men had been in the militia, and still wore their uniforms, red and yellow. The cavalry were about a thousand in number; but most of them had only large colts, such as were then bred in great herds on the marshes of Somersets.h.i.+re for the purpose of supplying London with coach horses and cart horses.

These animals were so far from being fit for any military purpose that they had not yet learned to obey the bridle, and became ungovernable as soon as they heard a gun fired or a drum beaten. A small body guard of forty young men, well armed, and mounted at their own charge, attended Monmouth. The people of Bridgewater, who were enriched by a thriving coast trade, furnished him with a small sum of money. [386]

All this time the forces of the government were fast a.s.sembling. On the west of the rebel army, Albemarle still kept together a large body of Devons.h.i.+re militia. On the east, the trainbands of Wilts.h.i.+re had mustered under the command of Thomas Herbert, Earl of Pembroke. On the north east, Henry Somerset, Duke of Beaufort, was in arms. The power of Beaufort bore some faint resemblance to that of the great barons of the fifteenth century. He was President of Wales and Lord Lieutenant of four English counties. His official tours through the extensive region in which he represented the majesty of the throne were scarcely inferior in pomp to royal progresses. His household at Badminton was regulated after the fas.h.i.+on of an earlier generation. The land to a great extent round his pleasure grounds was in his own hands; and the labourers who cultivated it formed part of his family. Nine tables were every day spread under his roof for two hundred persons. A crowd of gentlemen and pages were under the orders of the steward. A whole troop of cavalry obeyed the master of the horse. The fame of the kitchen, the cellar, the kennel, and the stables was spread over all England. The gentry, many miles round, were proud of the magnificence of their great neighbour, and were at the same time charmed by his affability and good nature. He was a zealous Cavalier of the old school. At this crisis, therefore, he used his whole influence and authority in support of the crown, and occupied Bristol with the trainbands of Gloucesters.h.i.+re, who seem to have been better disciplined than most other troops of that description.

[387]