They had obeyed, they said, the government which was in possession, and were therefore not traitors. The Judges admitted that this would have been a good defence if the prisoners had acted under the authority of an usurper who, like Henry the Fourth and Richard the Third, bore the regal title, but declared that such a defence could not avail men who had indicted, sentenced, and executed one who, in the indictment, in the sentence, and in the death warrant, was designated as King. It followed, therefore, that whoever should support a Regent in opposition to James would run great risk of being hanged, drawn, and quartered, if ever James should recover supreme power; but that no person could, without such a violation of law as Jeffreys himself would hardly venture to commit, be punished for siding with a King who was reigning, though wrongfully, at Whitehall, against a rightful King who was in exile at Saint Germains.648It should seem that these arguments admit of no reply; and they were doubtless urged with force by Danby, who had a wonderful power of making every subject which he treated clear to the dullest mind, and by Halifax, who, in fertility of thought and brilliancy of diction, had no rival among the orators of that age. Yet so numerous and powerful were the Tories in the Upper House that, notwithstanding the weakness of their case, the defection of their leader, and the ability of their opponents, they very nearly carried the day. A hundred Lords divided. Forty-nine voted for a Regency, fifty-one against it. In the minority were the natural children of Charles, the brothers in law of James, the Dukes of Somerset and Ormond, the Archbishop of York and eleven Bishops. No prelate voted in the majority except Compton and Trelawney.649It was near nine in the evening before the House rose. The following day was the thirtieth of January, the anniversary of the death of Charles the First. The great body of the Anglican clergy had, during many years, thought it a sacred duty to inculcate on that day the doctrines of nonresistance and passive obedience. Their old sermons were now of little use; and many divines were even in doubt whether they could venture to read the whole Liturgy. The Lower House had declared that the throne was vacant. The Upper had not yet expressed any opinion. It was therefore not easy to decide whether the prayers for the sovereign ought to be used. Every officiating minister took his own course. In most of the churches of the capital the petitions for James were omitted: but at Saint Margaret's, Sharp, Dean of Norwich, who had been requested to preach before the Commons, not only read to their faces the whole service as it stood in the book, but, before his sermon, implored, in his own words, a blessing on the King, and, towards the close of his discourse, declaimed against the Jesuitical doctrine that princes might lawfully be deposed by their subjects. The Speaker, that very afternoon, complained to the House of this affront. "You pass a vote one day," he said; "and on the next day it is contradicted from the pulpit in your own hearing." Sharp was strenuously defended by the Tories, and had friends even among the Whigs: for it was not forgotten that he had incurred serious danger in the evil times by the courage with which, in defiance of the royal injunction, he had preached against Popery. Sir Christopher Musgrave very ingeniously remarked that the House had not ordered the resolution which declared the throne vacant to be published.
Sharp, therefore, was not only not bound to know anything of that resolution, but could not have taken notice of it without a breach of privilege for which he might have been called to the bar and reprimanded on his knees. The majority felt that it was not wise at that conjuncture to quarrel with the clergy; and the subject was suffered to drop.650While the Commons were discussing Sharp's sermon, the Lords had again gone into a committee on the state of the nation, and had ordered the resolution which pronounced the throne vacant to be read clause by clause.
The first expression on which a debate arose was that which recognised the original contract between King and people. It was not to be expected that the Tory peers would suffer a phrase which contained the quintessence of Whiggism to pass unchallenged. A division took place; and it was determined by fifty-three votes to forty-six that the words should stand.
The severe censure passed by the Commons on the administration of James was next considered, and was approved without one dissentient voice. Some verbal objections were made to the proposition that James had abdicated the government. It was urged that he might more correctly be said to have deserted it. This amendment was adopted, it should seem, with scarcely any debate, and without a division. By this time it was late; and the Lords again adjourned.651Up to this moment the small body of peers which was under the guidance of Danby had acted in firm union with Halifax and the Whigs. The effect of this union had been that the plan of Regency had been rejected, and the doctrine of the original contract affirmed. The proposition that James had ceased to be King had been the rallying point of the two parties which had made up the majority. But from that point their path diverged. The next question to be decided was whether the throne was vacant; and this was a question not merely verbal, but of grave practical importance. If the throne was vacant, the Estates of the Realm might place William in it. If it was not vacant, he could succeed to it only after his wife, after Anne, and after Anne's posterity.
