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The French invasion produced a complete change. The suffering and terrified people raged fiercely against the government. In their madness they attacked the bravest captains and the ablest statesmen of the distressed commonwealth. De Ruyter was insulted by the rabble. De Witt was torn in pieces before the gate of the palace of the States General at the Hague. The Prince of Orange, who had no share in the guilt of the murder, but who, on this occasion, as on another lamentable occasion twenty years later, extended to crimes perpetrated in his cause an indulgence which has left a stain on his glory, became chief of the government without a rival. Young as he was, his ardent and unconquerable spirit, though disguised by a cold and sullen manner, soon roused the courage of his dismayed countrymen. It was in vain that both his uncle and the French King attempted by splendid offers to seduce him from the cause of the Republic. To the States General he spoke a high and inspiriting language. He even ventured to suggest a scheme which has an aspect of antique heroism, and which, if it had been accomplished, would have been the noblest subject for epic song that is to be found in the whole compass of modern history. He told the deputies that, even if their natal soil and the marvels with which human industry had covered it were buried under the ocean, all was not lost. The Hollanders might survive Holland. Liberty and pure religion, driven by ty~ rants and bigots from Europe, might take refuge in the farthest isles of Asia. The shipping in the ports of the republic would suffice to carry two hundred thousand emigrants to the Indian Archipelago. There the Dutch commonwealth might commence a new and more glorious existence, and might rear, under the Southern Cross, amidst the sugar canes and nutmeg trees, the Exchange of a wealthier Amsterdam, and the schools of a more learned Leyden. The national spirit swelled and rose high. The terms offered by the allies were firmly rejected. The dykes were opened. The whole country was turned into one great lake, from which the cities, with their ramparts and steeples, rose like islands. The invaders were forced to save themselves from destruction by a precipitate retreat. Lewis, who, though he sometimes thought it necessary to appear at the head of his troops, greatly preferred a palace to a camp, had already returned to enjoy the adulation of poets and the smiles of ladies in the newly planted alleys of Versailles.
And now the tide turned fast. The event of the maritime war had been doubtful: by land the United Provinces had obtained a' respite; and a respite, though short, was of infinite importance. Alarmed by thevast designs of Lewis, both the branches of the great House of Austria sprang to arms. Spain and Holland, divided by the memory .of ancient wrongs and humiliations, were reconciled by the nearness of the common danger. From every part of Germany troops poured towards the Rhine. The English government had already expended all the funds which had been obtained by pillaging the public creditor. No loan could be expected from the City. An‘ attempt to raise taxes by the royal authority would have at once produced a rebellion; and Lewis, who had now to maintain a contest against half Europe, was in no condition to furnish the means of coercing the people of England. It was necessary to convoke the Parliament.
In the spring of 1673, therefore, the Houses remain, on,“ assembled after a recess of near two years. P"“'““““" Clifford, now a peer and Lord Treasurer, and Ashley, now Earl of Shaftesbury and Lord Chancellor, were the persons on whom the King principally relied as Parliamentary managers. The Country Party instantly began to attack the policy of the Cabal. The attack was made, not in the way of storm, but by slow and scientific approaches. The Commons at first held out hopes that they would give support to the King’s foreign policy, but insisted that he should purchase that support by abandoning his whole system of domestic policy. Their chief object was to obtain the revocation of the Declaration of Indulgence vOf all the many unipopular steps taken by the government Declmmn of the most unpopular was the publishing of “Mnemthis Declaration. The most opposite sentiments had been shocked by an act so liberal, done in a manner so despotic. All the enemies of religious freedom, and all the friends of civil freedom, found themselves on the same side; and these two classes made up nineteen twentieths of the nation. The zealous Churchman exclaimed against the favour which had been shown both to the Papist and t0 the Puritan. The Puritan, though he might rejoice in the suspen sion of the persecution by which he had been ha~ rassed, felt little gratitude for a toleration which he was to share with Antichrist. And all Englishmen who valued liberty and law, saw with uneasiness the deep inroad which the prerogative had made into the province of the legislature.
It must in candour be admitted that the constitutional question was then not quite free from obscurity. Our ancient Kings had undoubtedly claimed and exercised the right of suspending the operation of penal laws. The tribunals had recognised that right. Parliaments had suffered it- to pass unchallenged. That some such right was inherent in the crown, few even of the Country Party ventured, in the face of precedent and authority, to deny. Yet it was clear that, if this prerogative were without limit, the English government could scarcely be distinguished from a pure despotism. That there was a limit was fully admitted by the King and his ministers. Whether the Declaration of Indulgence lay within or without the limit was the question; and
neither party could succeed in tracing any line which would hear examination. Some opponents of the government complained that the Declaration suspended not less than forty statutes. But why not forty as well as one? There was an orator who gave it as his opinion that the King might constitutionally dispense with bad laws, but not with good laws. The absurdity of such a distinction it is needless to expose. The doctrine which seems to have been generally received in the House of Commons was, that the dispensing power was confined to secular matters, and did not extend to laws enacted for the security of the established religion. Yet, as the King was supreme head of the Church, it should seem that, if he possesSed the dispensing power at all, he might well possess that power where the Church was concerned. When the courtiers on the other side attempted to point out the bounds of this prerogative, they were not more successful than the opposition had been.
The truth is that the dispensing power was a great anomaly in politics. It was utterly inconsistent in theory with the principles of mixed government: but it had grown up in times when people troubled themselves little about theories.‘ It had not been very grossly abused in practice. It had therefore been tolerated, and had gradually acquired a kind of prescription. At length it was employed, after a long interval, in an enlightened age, and at an important conjuncture, to an extent never before known, and for a purpose generally abhorred. It was instantly subjected to a severe scrutiny. Men did not, indeed, at first, venture to pronounce it altogether unconstitutional. But they began to perceive that it was at direct variance with the spirit of the con
“' The most sensible thing said liam Coventry:—“ Our ancestors in the House of Commons, on never did draw a line to circumthis subject, came from Sir Wil- scribe prerogative and liberty.“ ' stitution, and would, if left unchecked, turn the English government from a limited into an absolute monarchy.
Under the influence of such apprehensions, the Commons denied the King’s right to dis- “bummed, pense, not indeed with all penal statutes, 2112 the Ti». but with penal statutes in matters eccle- L PM“ siastical, and gave him plainly to understand that, unless he renounced that right, they would grant no supply for the Dutch war. He, for a moment, showed some inclination to put everything to hazard: but he was strongly advised by Lewis to submit to necessity, and to wait for better times, when the French armies, now employed in an arduous struggle on the Continent, might be available for the purpose of suppressing discontent in England. In the Cabal itself the signs of disunion and treachery began to appear. Shaftesbury, with his proverbial sagacity, saw that a violent reaction was at hand, and that all things were tending towards a crisis resembling that of 1640. He was determined that such a crisis should not find him in the situation of Strafford. He therefore turned suddenly round, and acknowledged, in the House of Lords, that the Declaration was illegal. The King, thus deserted by his ally and by his Chancellor, yielded, cancelled the Declaration, and solemnly promised that it should never be drawn into precedent.
Even this concession was insufficient. The Commons, not content with having forced their sovereign to annul the Indulgence, next extorted his unwilling assent to a celebrated law, which continued in force down to the reign of George the Fourth. This law, known as the Test Act, provided that all persons holding any ofiice, civil or military, should take the oath of supremacy, should subscribe a. declaration against transubstantiation, and should publicly receive the sacrament according to the rites of the