The House adjourned; and the ministers flattered themselves that the spirit of opposition was quelled. But on the morrow, the nineteenth of November, new and alarming symptoms appeared. The time had arrived for taking into consideration the petitions which had been presented from all parts of England against the late elections. When, on the first meeting of the Parliament, Seymour had complained of the force and fraud by which the government had prevented the sense of constituent bodies from being fairly taken, he had found no seconder. But many who had then flinched from his side had subsequently taken heart, and, with Sir John Lowther, member for Cumberland, at their head, had, before the recess, suggested that there ought to be an enquiry into the abuses which had so much excited the public mind. The House was now in a much more angry temper; and many voices were boldly raised in menace and accusation. The ministers were told that the nation expected, and should have, signal redress. Meanwhile it was dexterously intimated that the best atonement which a gentleman who had been brought into the House by irregular means could make to the public was to use his ill acquired power in defence of the religion and liberties of his country. No member who, in that crisis, did his duty had anything to fear. It might be necessary to unseat him; but the whole influence of the opposition should be employed to procure his reelection. 27
On the same day it became clear that the spirit of opposition had spread from the Commons to the Lords, and even to the episcopal bench. William Cavendish, Earl of Devonshire, took the lead in the Upper House; and he was well qualified to do so. In wealth and influence he was second to none of the English nobles; and the general voice designated him as the finest gentleman of his time. His magnificence, his taste, his talents, his classical learning, his high spirit, the grace and urbanity of his manners, were admitted by his enemies. His eulogists, unhappily, could not pretend that his morals had escaped untainted from the widespread contagion of that age. Though an enemy of Popery and of arbitrary power, he had been averse to extreme courses, had been willing, when the Exclusion Bill was lost, to agree to a compromise, and had never been concerned in the illegal and imprudent schemes which had brought discredit on the Whig party. But, though regretting part of the conduct of his friends, he had not, on that account, failed to perform zealously the most arduous and perilous duties of friendship. He had stood near Russell at the bar, had parted from him on the sad morning of the execution with close embraces and with many bitter tears, nay, had offered to manage an escape at the hazard of his own life. 28 This great nobleman now proposed that a day should be fixed for considering the royal speech. It was contended, on the other side, that the Lords, by voting thanks for the speech, had precluded themselves from complaining of it. But this objection was treated with contempt by Halifax. "Such thanks," he said with the sarcastic pleasantry in which he excelled, "imply no approbation. We are thankful whenever our gracious Sovereign deigns to speak to us. Especially thankful are we when, as on the present occasion, he speaks out, and gives us fair warning of what we are to suffer." 29 Doctor Henry Compton, Bishop of London, spoke strongly for the motion. Though not gifted with eminent abilities, nor deeply versed in the learning of his profession, he was always heard by the House with respect; for he was one of the few clergymen who could, in that age, boast of noble blood. His own loyalty, and the loyalty of his family, had been signally proved. His father, the second Earl of Northampton, had fought bravely for King Charles the First, and, surrounded by the parliamentary soldiers, had fallen, sword in hand, refusing to give or take quarter. The Bishop himself, before he was ordained, had borne arms in the Guards; and, though he generally did his best to preserve the gravity and sobriety befitting a prelate, some flashes of his military spirit would, to the last, occasionally break forth. He had been entrusted with the religious education of the two Princesses, and had acquitted himself of that important duty in a manner which had satisfied all good Protestants, and had secured to him considerable influence over the minds of his pupils, especially of the Lady Anne. 30 He now declared that he was empowered to speak the sense of his brethren, and that, in their opinion and in his own, the whole civil and ecclesiastical constitution of the realm was in danger.
One of the most remarkable speeches of that day was made by a young man, whose eccentric career was destined to amaze Europe. This was Charles Mordaunt, Viscount Mordaunt, widely renowned, many years later, as Earl of Peterborough. Already he had given abundant proofs of his courage, of his capacity, and of that strange unsoundness of mind which made his courage and capacity almost useless to his country. Already he had distinguished himself as a wit and a scholar, as a soldier and a sailor. He had even set his heart on rivalling Bourdaloue and Bossuet. Though an avowed freethinker, he had sate up all night at sea to compose sermons, and had with great difficulty been prevented from edifying the crew of a man of war with his pious oratory. 31 He now addressed the House of Peers, for the first time, with characteristic eloquence, sprightliness, and audacity. He blamed the Commons for not having taken a bolder line. "They have been afraid," he said, "to speak out. They have talked of apprehensions and jealousies. What have apprehension and jealousy to do here? Apprehension and jealousy are the feelings with which we regard future and uncertain evils. The evil which we are considering is neither future nor uncertain. A standing army exists. It is officered by Papists. We have no foreign enemy. There is no rebellion in the land. For what, then, is this force maintained, except for the purpose of subverting our laws and establishing that arbitrary power which is so justly abhorred by Englishmen?" 32
Jeffreys spoke against the motion in the coarse and savage style of which he was a master; but he soon found that it was not quite so easy to browbeat the proud and powerful barons of England in their own hall, as to intimidate advocates whose bread depended on his favour or prisoners whose necks were at his mercy. A man whose life has been passed in attacking and domineering, whatever may be his talents and courage, generally makes a mean figure when he is vigorously assailed, for, being unaccustomed to stand on the defensive, he becomes confused; and the knowledge that all those whom he has insulted are enjoying his confusion confuses him still more. Jeffreys was now, for the first time since he had become a great man, encountered on equal terms by adversaries who did not fear him. To the general delight, he passed at once from the extreme of insolence to the extreme of meanness, and could not refrain from weeping with rage and vexation. 33 Nothing indeed was wanting to his humiliation; for the House was crowded by about a hundred peers, a larger number than had voted even on the great day of the Exclusion Bill. The King, too, was present. His brother had been in the habit of attending the sittings of the Lords for amusement, and used often to say that a debate was as entertaining as a comedy. James came, not to be diverted, but in the hope that his presence might impose some restraint on the discussion. He was disappointed. The sense of the House was so strongly manifested that, after a closing speech, of great keenness, from Halifax, the courtiers did not venture to divide. An early day was fixed for taking the royal speech into consideration; and it was ordered that every peer who was not at a distance from Westminster should be in his place. 34
On the following morning the King came down, in his robes, to the House of Lords. The Usher of the Black Rod summoned the Commons to the bar; and the Chancellor announced that the Parliament was prorogued to the tenth of February. 35 The members who had voted against the court were dismissed from the public service. Charles Fox quitted the Pay Office. The Bishop of London ceased to be Dean of the Chapel Royal, and his name was struck out of the list of Privy Councillors.
The effect of the prorogation was to put an end to a legal proceeding of the highest importance. Thomas Grey, Earl of Stamford, sprung from one of the most illustrious houses of England, had been recently arrested and committed close prisoner to the Tower on a charge of high treason. He was accused of having been concerned in the Rye House Plot. A true bill had been found against him by the grand jury of the City of London, and had been removed into the House of Lords, the only court before which a temporal peer can, during a session
