What indeed is the value of any oath in such a matter? Among the many lessons which the troubles of the last generation have left us none is more plain than this, that no form of words, however precise, no imprecation, however awful, ever saved, or ever will save, a government from destruction, Was not the Solemn League and Covenant burned by the common hangman amidst the huzzas of tens of thousands who had themselves subscribed it? Among the statesmen and warriors who bore the chief part in restoring Charles the Second, how many were there who had not repeatedly abjured him? Nay, is it not well known that some of those persons boastfully affirmed that, if they had not abjured him, they never could have restored him?
The debates were sharp; and the issue during a short time seemed doubtful; for some of the Tories who were in office were unwilling to give a vote which might be thought to indicate that they were lukewarm in the cause of the King whom they served.
William, however, took care to let it be understood that he had no wish to impose a new test on his subjects. A few words from him decided the event of the conflict. The bill was rejected thirty-six hours after it had been brought in by a hundred and ninety-two votes to a hundred and sixty-five.613Even after this defeat the Whigs pertinaciously returned to the attack. Having failed in one House they renewed the battle in the other. Five days after the Abjuration Bill had been thrown out in the Commons, another Abjuration Bill, somewhat milder, but still very severe, was laid on the table of the Lords.614 What was now proposed was that no person should sit in either House of Parliament or hold any office, civil, military, or judicial, without making a declaration that he would stand by William and Mary against James and James's adherents. Every male in the kingdom who had attained the age of sixteen was to make the same declaration before a certain day. If he failed to do so he was to pay double taxes and to be incapable of exercising the elective franchise.
On the day fixed for the second reading, the King came down to the House of Peers. He gave his assent in form to several laws, unrobed, took his seat on a chair of state which had been placed for him, and listened with much interest to the debate. To the general surprise, two noblemen who had been eminently zealous for the Revolution spoke against the proposed test. Lord Wharton, a Puritan who had fought for the Long Parliament, said, with amusing simplicity, that he was a very old man, that he had lived through troubled times, that he had taken a great many oaths in his day, and that he was afraid that he had not kept them all. He prayed that the sin might not be laid to his charge; and he declared that he could not consent to lay any more snares for his own soul and for the souls of his neighbours. The Earl of Macclesfield, the captain of the English volunteers who had accompanied William from Helvoetsluys to Torbay, declared that he was much in the same case with Lord Wharton. Marlborough supported the bill. He wondered, he said, that it should be opposed by Macclesfield, who had borne so preeminent a part in the Revolution. Macclesfield, irritated by the charge of inconsistency, retorted with terrible severity: "The noble Earl,"he said, "exaggerates the share which I had in the deliverance of our country. I was ready, indeed, and always shall be ready, to venture my life in defence of her laws and liberties. But there are lengths to which, even for the sake of her laws and liberties, I could never go. I only rebelled against a bad King;there were those who did much more."
Marlborough, though not easily discomposed, could not but feel the edge of this sarcasm; William looked displeased; and the aspect of the whole House was troubled and gloomy. It was resolved by fifty-one votes to forty that the bill should be committed; and it was committed, but never reported. After many hard struggles between the Whigs headed by Shrewsbury and the Tories headed by Caermarthen, it was so much mutilated that it retained little more than its name, and did not seem to those who had introduced it to be worth any further contest.615The discomfiture of the Whigs was completed by a communication from the King. Caermarthen appeared in the House of Lords bearing in his hand a parchment signed by William. It was an Act of Grace for political offences.
Between an Act of Grace originating with the Sovereign and an Act of Indemnity originating with the Estates of the Realm there are some remarkable distinctions. An Act of Indemnity passes through all the stages through which other laws pass, and may, during its progress, be amended by either House. An Act of Grace is received with peculiar marks of respect, is read only once by the Lords and once by the Commons, and must be either rejected altogether or accepted as it stands.616 William had not ventured to submit such an Act to the preceding Parliament. But in the new Parliament he was certain of a majority. The minority gave no trouble. The stubborn spirit which had, during two sessions, obstructed the progress of the Bill of Indemnity had been at length broken by defeats and humiliations. Both Houses stood up uncovered while the Act of Grace was read, and gave their sanction to it without one dissentient voice.
There would not have been this unanimity had not a few great criminals been excluded from the benefits of the amnesty.
