Chapter V

CONSTITUTIONAL GOVERNMENT—ARISTOCRACY TRIUMPHANT

Government by Aristocracy

The full effects of the Revolution of 1688 were seen in the course of the next fifty years. Aristocracy, then mainly Whig, was triumphant, and under its rule, while large measures of civil and religious liberty were passed, the condition of the mass of labouring people was generally wretched in the extreme. The rule of the aristocracy saw England become a great power among the nations of the world, and the British Navy supreme over the navies of Europe; but it saw also an industrial population, untaught and uncared for, sink deeper and deeper into savagery and misery. For a time in the eighteenth century the farmer and the peasant were prosperous, but by the close of that century the small farmer was a ruined man, and with the labourer was carried by the industrial revolution into the town. The worst times for the English labourer in town and country since the Norman Conquest were the reign of Edward VI. and the first quarter of the nineteenth century.

The development of our political institutions into their present form; the establishment of our Party system of government by Cabinet, and of the authority of the Prime Minister; the growth of the supreme power of the Commons, not only over the throne but over the Lords also: these were the work of the aristocracy of the eighteenth century, and were attained by steps so gradual as to be almost imperceptible. No idea of democracy guided the process; yet our modern democratic system is firm-rooted upon the principles and privileges of the Constitution as thus established. Social misery deepened, without check from the politicians; and the most enlightened statesmen of the Whig regime were very far from our present conceptions of the duties and possibilities of Parliament.

Civil and Religious Liberty

The Declaration of Right, presented by Parliament to William and Mary on their arrival in London, was turned into the Bill of Rights, and passed into law in 1689. It stands as the last of the great charters of political liberty, and states clearly both what is not permitted to the Crown, and what privileges are allowed to the people.

Under the Bill of Rights the King was denied the power of suspending or dispensing, of levying money, or maintaining a standing army without consent of Parliament. The people were assured of the right of the subject to petition the Crown, and of the free election of representatives in Parliament, and of full and free debate in Parliament. Any profession of the Catholic religion, or marriage with a Catholic, disqualified from inheritance to or possession of the throne.

So there was an end to the doctrine of the Divine Right of Kings, and four hundred non-juring clergymen—including half-a-dozen bishops—of the Church of England were deprived of their ecclesiastical appointments for refusing to accept the accomplished fact, and acknowledge William III. as the lawful King of England. By making William King, to the exclusion of the children of James II., Parliament destroyed for all future time in England the belief in the sacred character of kingship. The King was henceforth a part of the constitution, and came to the throne by authority of Parliament, on conditions laid down by Parliament.

William resented the decision of Parliament not to allow the Crown a revenue for life, but to vote an annual supply; but the decision was adhered to, and has remained in force ever since. The Mutiny Act, passed the same year, placed the army under the control of Parliament, and the annual vote for military expenses has, in like manner, remained.

The Toleration Act (1689) gave Nonconformists a legal right to worship in their own chapels, but expressly excluded Unitarians and Roman Catholics from this liberty. Life was made still harder for Roman Catholics in England by the Act of 1700, which forbade a Catholic priest, under penalty of imprisonment for life, to say mass, hear confessions, or exercise any clerical function, and denied the right of the Catholic laity to hold, buy or inherit property, or to have their children educated abroad. The objection to Roman Catholics was that their loyalty to the Pope was an allegiance to a "foreign" ruler which prevented their being good citizens at home. Against this prejudice it was useless to point to what had been done by Englishmen for their country, when all the land was Catholic, and all accepted the supremacy of the Pope. It was not till 1778 that the first Catholic Relief Bill was carried, a Bill that "shook the general prejudice against Catholics to the centre, and restored to them a thousand indescribable charities in the ordinary intercourse of social life which they had seldom experienced."

The last Roman Catholic to die for conscience' sake was Oliver Plunket, Archbishop of Armagh, who was executed at Tyburn, when Charles II. was King, in 1681. After the Revolution, Nonconformists and Catholics were no longer hanged or tortured for declining the ministrations of the Established Church, but still were penalised in many lesser ways. But the spirit of the eighteenth century made for toleration, and the Whigs were as unostentatious in their own piety as they were indifferent to the piety of others.

Growth of Cabinet Rule

William III. began with a mixed ministry of Whigs and Tories, which included men like Danby and Godolphin, who had served under James II. But the fierce wrangling that went on over the war then being waged on the Continent was decidedly inconvenient, and by 1696 the Whigs had succeeded in driving all the Tories—who were against the war—out of office. Then for the first time a united ministry was in power, and from a Cabinet of men with common political opinions the next step was to secure that the Cabinet should represent the party with a majority in the House of Commons. Our present system of Cabinet rule, dependent on the will of the majority of the Commons, is found in full operation by the middle of the eighteenth century. The fact that William III., George I., and George II. were all foreigners necessitated the King's ministers using considerable powers. But George III. was English, and effected a revival in the personal power of the King by his determination that the choice of ministers should rest with the Crown, and not with the House of Commons. He succeeded in breaking up the long Whig ascendancy, and so accustomed became the people to the King making and unmaking ministries, that on George IV.'s accession in 1820 it was fully expected the new King would turn out the Tories and put in Whigs. William IV. in 1835 did what no sovereign has done since—dissolved Parliament against the wish of the government.

From 1696 to 1701 the Whigs were in office. Then on the death of William and the accession of Anne, Tory ministers were included in the government, and for seven years the Cabinet was composite again. But Marlborough and Godolphin found that if they were to remain in power it must be by the support of the Whigs, who had made the support of the war against France a party question; and from 1708 to 1710 the ministry was definitely Whig. By 1710 the war had ceased to be popular, and the general election of that year sent back a strong Tory majority to the House of Commons, with the result that the Tory leaders, Harley (Earl of Oxford) and Henry St. John (Bolingbroke) took office. The Tories fell on the death of Anne, because their plot to place James (generally called the Chevalier or the old Pretender), the Queen's half-brother, on the throne was defeated by the readiness of the Whig Dukes of Somerset and Argyll to proclaim George, Elector of Hanover, King of England. By the Act of Settlement, 1701, Parliament had decided that the Crown should pass from Anne to the heirs of Sophia, Electress of Hanover and daughter of James I.; and the fact that the Chevalier was a Catholic made his accession impossible according to law, and the policy of Bolingbroke highly treasonable.

George I. could not speak English, and relied entirely on his Whig ministers. Bolingbroke fled to the Continent, but was permitted to return from exile nine years later. Oxford was impeached and sent to the Tower. The Whigs were left in triumph to rule the country for nearly fifty years—until the restiveness of George III. broke up their dominion—and for more than twenty years of that period Walpole was Prime Minister. Cabinet government—that is, government by a small body of men, agreed upon main questions of policy, and commanding the confidence of the majority of the House of Commons—was now in full swing, and in spite of the monarchist revival under George III., no King henceforth ever refused consent to a Bill passed by Parliament.

The Whigs did nothing in those first sixty years of the eighteenth century to make the House of Commons more representative of the people. They were content to repeat the old cries of the Revolution, and to oppose all proposals of change. But they governed England without oppression, and Walpole's commercial and financial measures satisfied the trading classes and kept national credit sound.

Walpole's Rule

George III. went to work in much the same way as Walpole had done, and only succeeded in breaking down the power of the Whig houses by using the same corrupt methods that Walpole had employed. The "King's friends," as they were called, acted independently of the party leaders, and in the pay of the King were the chief instrument of George III.'s will.

The Change in the House of Lords

From George III.'s time onward there has always been a standing and ever-increasing majority of Tory peers in the House of Lords. And while the actual number of members of the Upper House has been enlarged enormously, this majority has became enlarged out of all proportion. Liberal and Tory Prime Ministers were busy throughout the nineteenth century adding to the peerage—no less than 376 new peers were created between 1800 and 1907; but comparatively few Liberals retained their principles when they became peers, and two of the present chiefs of the Unionist Party in the House of Lords—Lords Lansdowne and Selborne—are the sons of eminent Liberals.

So it has come about that while the House of Commons has been steadily opening its doors to men of all ranks and classes, and in our time has become increasingly democratic in character, the House of Lords, confined in the main to men of wealth and social importance, has become an enormous assembly of undistinguished persons, where only a small minority are active politicians, and of this minority at least three-fourths are Conservatives.

This change in the House of Lords began, as we have seen, in the reign of George III., when the Whig ascendancy in Parliament had passed. But the Whigs did nothing during their long lease of power to bring democracy nearer, and were entirely contemptuous of popular aspirations. At the very time when the democratic idea was the theme of philosophers, and was to be seen expressed in the constitution of the revolted American colonies, and in the French Revolution, England remained under an aristocracy, governed first by Whigs, and then by Tories. It is true democracy was not without its spokesmen in England in the eighteenth century, but there was no popular movement in politics to stir the masses of the people, as the preaching of the Methodists stirred their hearts for religion. Democratic ideas were as remote from popular discussion in the eighteenth century as they had been made familiar by Lilburne for a brief season in the seventeenth century.

"Wilkes and Liberty"

A word must be said about John Wilkes, a man of disreputable character and considerable ability, who for some ten years—1763-73—contended for the rights of electors against the Whig Government. The battle began when George Grenville, the Whig Prime Minister, had Wilkes arrested on a general warrant for an article attacking the King's Speech in No. 45 of the North Briton, a scurrilous newspaper which belonged to Wilkes. Chief Justice Pratt declared the arrest illegal on the ground that the warrant was bad, and that Wilkes, being at the time M.P. for Aylesbury, enjoyed the privilege of Parliament. A jury awarded Wilkes heavy damages against the Government for false imprisonment, and the result of the trial made Wilkes a popular hero. Then, in 1764, the Government brought a new charge of blasphemy and libel, and Wilkes, expelled from the House of Commons, and condemned by the King's Bench, fled to France, and was promptly declared an outlaw. He returned, however, a year or two later, and while in prison was elected M.P. for Middlesex. The House of Commons, led by the Government, set the election aside, and riots for "Wilkes and Liberty" broke out in London. The question was: Had the House of Commons a right to exclude a member duly elected for a constituency?—the same question that was raised over Charles Bradlaugh, a man of very different character, in the Parliament of 1880. Again and again in 1768 and 1769 Wilkes was re-elected for Middlesex, only to be expelled, and finally the House decided that Wilkes' opponent, Colonel Luttrell, was to sit, although Luttrell was manifestly not chosen by the majority of electors. The citizens of London replied to this by choosing Wilkes for Sheriff and Alderman in 1770, and by making him Lord Mayor four years later. The Government gave up the contest at last, and Wilkes was allowed to take his seat. Besides vindicating the right of constituencies against the claim of Parliament to exclude undesirable persons, Wilkes did a good deal towards securing that right of Parliamentary debating which was practically admitted after 1771.

But the "Wilkes and Liberty" movement was no more than a popular enthusiasm of the London mob for an enemy of the Government, and a determination of London citizens and Middlesex electors not to be brow-beaten by the Government. Wilkes himself always denied that he was a "Wilkesite," and he had no following in the country or in Parliament.