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XII.

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CHAP, fear too truly founded) of the great harshness with which Atterbury was treated in the Tower. "Such usage, such hardships, such insults as I have undergone," said the Bishop himself on his trial, might have broke a more resolute spirit, and a "much stronger constitution than fall to my share. "I have been treated with such severity, and so great indignity, as I believe no prisoner in the "Tower of my age, infirmities, function, and rank "ever underwent."* He was encouraged, or per

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mitted, to write private letters which were after-
wards pried into, and made use of to support the
accusation against him. He was restricted in
his only consolation-the visits of his beloved
daughter †, nor was he at first allowed to prepare
freely for his defence with his son-in-law, Mr. Mo-
rice. Every thing sent to him was narrowly
+
searched; even some pigeon-pies were opened: " it
is the first time," says Pope,
says Pope, "dead pigeons have
"been suspected of carrying intelligence !"§

It was amidst great and general excitement that the new Parliament met on the 9th of October. The King's Speech gave a short account of the

* Speech, May 11. 1723.

He writes to Lord Townshend, April 10. 1723,-"I am "thankful for the favour of seeing my daughter any way; but "was in hopes the restraint of an officer's presence in respect to "her might have been judged needless."

Preface to his Correspondence, p. vi. Mr. Morice used to stand in an open area, and the Bishop to look out of a two pair of stairs window, and thus only were they allowed to converse! § Pope to Gay, Sept. 11. 1722.

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conspiracy:- "I should less wonder at it," he CHAP. said, "had I, in any one instance since my acces"sion to the throne, invaded the liberty or pro"perty of my subjects." With equal justice he observed on the infatuation of some Jacobites and the malice of others,-"By forming plots they depreciate all property that is vested in the "Public Funds, and then complain of the low state "of credit; they make an increase of the national expences necessary, and then clamour at the "burthen of taxes, and endeavour to impute to my government, as grievances, the mischiefs and " calamities which they alone create and occasion." The first business of the Commons, after again placing Mr. Compton in the Chair, was to hurry through a bill suspending the Habeas Corpus Act for one year. Mr. Spencer Cowper, and Sir Joseph Jekyll, observed that the Act had never yet been suspended for so long a period, and proposed six months, declaring, that at the end of that period they would, if necessary, readily agree to a further suspension. Yet notwithstanding the popularity and plausibility of this amendment, it was rejected by 246 votes against 193.

The next subject with both Houses was the Pretender's declaration. It appears that James had been so far deluded by the sanguine hopes of his agents, or by his own, as to believe that the British people were groaning under a state of bondage and oppression, and that the King himself was ready to cast off an uneasy and precarious crown. Under

1722.

CHAP. these impressions, he issued from Lucca, on the XII. 22d of September, a strange manifesto, proposing, that if George will quietly deliver to him the throne of his fathers, he will, in return, bestow upon George the title of King in his native dominions, and invite all other States to confirm it; with a proImise to leave his succession to the British dominions secure, if ever, in due course, his natural right should take place. This declaration was printed and distributed in England. Both Houses expressed their astonishment at its "surprising insolence :' it was ordered to be burnt by the common hangman; and a joint address was presented to His Majesty, assuring him that the designs of the public enemy shall be found " 'impracticable against a "Prince relying on and supported by the vigour "and duty of a British Parliament, and the af"fections of his people."

:"

Walpole, availing himself of the general resentment, next proposed to raise 100,000l. by a tax upon the estates of Roman Catholics. The project of Stanhope to relieve them from the Penal Laws, which was still on foot at the beginning of the South Sea Scheme, had been arrested, first by the crash, and then by his death. Moderation to the Roman Catholics had always been one of his leading principles of government. Other maxims now prevailed; a system of general and indiscri

*Mr. Brodrick to Lord Midleton, January 24. 1720. Refer to my first vol. p. 490.

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minate punishment, which was, at least, nearly CHAP, allied to persecution, and which, if it did not find every Roman Catholic a Jacobite, was quite sure to make him so. Many, said Walpole, had been guilty- an excellent reason for punishing all! With a better feeling did Onslow (afterwards Speaker) declare his abhorrence of persecuting any others on account of their opinions in religion. Sir Joseph Jekyll, after praising the moderation and wisdom of the King, wished he could say the same of those who had the honour to serve him. But the proposal of Walpole was quite in accordance with the temper of the times; it was not only carried by 217 against 168, but, on a subsequent motion, was even extended to all nonjurors.* The House, however, favourably entertained a singular petition from the family of the Pendrills, praying to be exempted from the tax on account of the services of their ancestors in preserving Charles the Second after the battle of Worcester.t

Amongst the foremost evils (and they were many) of this persecuting spirit, was the frightful degree of perjury which it produced. For as the estates of nonjurors were to be taxed, it became necessary to determine precisely who were non

* I am sorry to find Coxe assert, in a blind panegyrical spirit, that "though scarcely conformable to justice, the policy of this "measure was unquestionable." How far more correct and enlightened were the views which he himself has published of Speaker Onslow! See Coxe's Walpole, vol. i. p. 175., and vol. ii.

+ Commons' Journals, vol. xx. p. 210.

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CHAP. jurors or not; in other words, almost the whole nation was to be summoned to swear allegiance to the Government. Nor was it explicitly stated what would be the consequence of this refusal, but a sort of vague threat was hung over them; and it seemed a trap in which, when once caught, men might hereafter be subjected not only to the largest fines, but even to forfeiture and confiscation. "I saw a great deal of it," says Speaker Onslow," and it was a strange, as well as ridi"culous, sight to see people crowding at the Quarter Sessions to give a testimony of their alle'giance to a Government, and cursing it at the "same time for giving them the trouble of so doing, "and for the fright they were put into by it; and "I am satisfied more real disaffection to the King "and his family arose from it than from any thing "which happened in that time.” Some of the Jacobites consulted their Prince as to the course which they should pursue in this emergency, but he prudently avoided any positive answer. It was thought very desirable that they should act together as a body, in one course or the other, but no such general arrangement could be compassed. The greater number were inclined to swear, and did so, saying that they had rather venture themselves in the hand of God than of such men as they had to do with. Yet they still retained all

*

* Mr. Lockhart to James, Sept. 10. 1723. James's answer, Nov. 24. 1723.

+ Lockhart's Memoirs, vol. ii. p. 108.

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