The minority exclaimed against the gross injustice of passing, rapidly and by surprise, at a season when London was empty, a law of the highest importance, a law which retrospectively inflicted a severe penalty on many hundreds of respectable gentlemen, a law which would call forth the strongest passions in every town from Berwick to St. Ives, a law which must have a serious effect on the composition of the House itself. Common decency required at least an adjournment. An adjournment was moved: but the motion was rejected by a hundred and twenty-seven votes to eighty-nine.
The question was then put that Sacheverell's clause should stand part of the bill, and was carried by a hundred and thirty-three to sixty-eight. Sir Robert Howard immediately moved that every person who, being under Sacheverell's clause disqualified for municipal office, should presume to take any such office, should forfeit five hundred pounds, and should be for life incapable of holding any public employment whatever. The Tories did not venture to divide.551 The rules of the House put it in the power of a minority to obstruct the progress of a bill; and this was assuredly one of the very rare occasions on which that power would have been with great propriety exerted. It does not appear, however, that the parliamentary tacticians of that age were aware of the extent to which a small number of members can, without violating any form, retard the course of business.
It was immediately resolved that the bill, enlarged by Sacheverell's and Howard's clauses, should be ingrossed. The most vehement Whigs were bent on finally passing it within forty-eight hours. The Lords, indeed, were not likely to regard it very favourably. But it should seem that some desperate men were prepared to withhold the supplies till it should pass, nay, even to tack it to the bill of supply, and thus to place the Upper House under the necessity of either consenting to a vast proscription of the Tories or refusing to the government the means of carrying on the war.552 There were Whigs, however, honest enough to wish that fair play should be given to the hostile party, and prudent enough to know that an advantage obtained by violence and cunning could not be permanent. These men insisted that at least a week should be suffered to elapse before the third reading, and carried their point. Their less scrupulous associates complained bitterly that the good cause was betrayed. What new laws of war were these? Why was chivalrous courtesy to be shown to foes who thought no stratagem immoral, and who had never given quarter? And what had been done that was not in strict accordance with the law of Parliament? That law knew nothing of short notices and long notices, of thin houses and full houses. It was the business of a representative of the people to be in his place. If he chose to shoot and guzzle at his country seat when important business was under consideration at Westminster, what right had he to murmur because more upright and laborious servants of the public passed, in his absence, a bill which appeared to them necessary to the public safety? As however a postponement of a few days appeared to be inevitable, those who had intended to gain the victory by stealing a march now disclaimed that intention. They solemnly assured the King, who could not help showing some displeasure at their conduct, and who felt much more displeasure than he showed, that they had owed nothing to surprise, and that they were quite certain of a majority in the fullest house. Sacheverell is said to have declared with great warmth that he would stake his seat on the issue, and that if he found himself mistaken he would never show his face in Parliament again. Indeed, the general opinion at first was that the Whigs would win the day. But it soon became clear that the fight would be a hard one. The mails had carried out along all the high roads the tidings that, on the second of January, the Commons had agreed to a retrospective penal law against the whole Tory party, and that, on the tenth, that law would be considered for the last time. The whole kingdom was moved from Northumberland to Cornwall. A hundred knights and squires left their halls hung with mistletoe and holly, and their boards groaning with brawn and plum porridge, and rode up post to town, cursing the short days, the cold weather, the miry roads and the villanous Whigs. The Whigs, too, brought up reinforcements, but not to the same extent; for the clauses were generally unpopular, and not without good cause. Assuredly no reasonable man of any party will deny that the Tories, in surrendering to the Crown all the municipal franchises of the realm, and, with those franchises, the power of altering the constitution of the House of Commons, committed a great fault.
