Part 9

Mr. Lechmere.

"Your Lordships were acquainted, in opening the charge, with how great caution, and with what unfeigned regard to her Majesty and her government, and to the duty and allegiance of her subjects, the Commons made choice of the words necessary means to express the resistance that was made use of to bring about the Revolution, and with the condemning of which the Doctor is charged by this article: not doubting but that the honor and justice of that resistance, from the necessity of that case, and to which alone we have strictly confined ourselves, when duly considered, would confirm and strengthen and be understood to be an effectual security of the allegiance of the subject to the crown of this realm, in every other case where there is not the same necessity; and that the right of the people to self-defence, and preservation of their liberties, by resistance as their last remedy, is the result of a case of such NECESSITY ONLY, and by which the ORIGINAL CONTRACT between king and people is broke. This was the principle laid down and carried through all that was said with respect to ALLEGIANCE; and on WHICH FOUNDATION, in the name and on the behalf of all the commons of Great Britain, we assert and justify that resistance by which the late happy Revolution was brought about."

"It appears to your Lordships and the world, that breaking the original contract between king and people were the words made choice of by that House of Commons," (the House of Commons which originated the Declaration of Right,) "with the greatest deliberation and judgment, and approved of by your Lordships, in that first and fundamental step made towards the re-establishment of the government, which had received so great a shock from the evil counsels which had been given to that unfortunate prince."

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Sir John Hawles, another of the managers, follows the steps of his brethren, positively affirming the doctrine of non-resistance to government to be the general moral, religious, and political rule for the subject, and justifying the Revolution on the same principle with Mr. Burke,--that is, as an exception from necessity. Indeed, he carries the doctrine on the general idea of non-resistance much further than Mr. Burke has done, and full as far as it can perhaps be supported by any duty of perfect obligation, however noble and heroic it may be in many cases to suffer death rather than disturb the tranquillity of our country.

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Sir John Hawles.

"Certainly it must be granted, that the doctrine that commands obedience to the supreme power, though in things contrary to Nature, even to suffer death, which is the highest injustice that can be done a man, rather than make an opposition to the supreme power [is reasonable], because the death of one or some few private persons is a less evil than disturbing the whole government; that law must needs be understood to forbid the doing or saying anything to disturb the government, the rather because the obeying that law cannot be pretended to be against Nature: and the Doctor's refusing to obey that implicit law is the reason for which he is now prosecuted; though he would have it believed that the reason he is now prosecuted was for the doctrine he asserted of obedience to the supreme power; which he might have preached as long as he had pleased, and the Commons would have taken no offence at it, if he had stopped there, and not have taken upon him, on that pretence or occasion, to have cast odious colors upon the Revolution."

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General Stanhope was among the managers. He begins his speech by a reference to the opinion of his fellow-managers, which he hoped had put beyond all doubt the limits and qualifications that the Commons had placed to their doctrines concerning the Revolution; yet, not satisfied with this general reference, after condemning the principle of non-resistance, which is asserted in the sermon without any exception, and stating, that, under the specious pretence of preaching a peaceable doctrine, Sacheverell and the Jacobites meant, in reality, to excite a rebellion in favor of the Pretender, he explicitly limits his ideas of resistance with the boundaries laid down by his colleagues, and by Mr. Burke.

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General Stanhope.

"The Constitution of England is founded upon compact; and the subjects of this kingdom have, in their several public and private capacities, as legal a title to what are their rights by law as a prince to the possession of his crown.

"Your Lordships, and most that hear me, are witnesses, and must remember the necessities of those times which brought about the Revolution: that no other remedy was left to preserve our religion and liberties; that resistance was necessary, and consequently just."

"Had the Doctor, in the remaining part of his sermon, preached up peace, quietness, and the like, and shown how happy we are under her Majesty's administration, and exhorted obedience to it, he had never been called to answer a charge at your Lordships' bar. But the tenor of all his subsequent discourse is one continued invective against the government."

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Mr. Walpole (afterwards Sir Robert) was one of the managers on this occasion. He was an honorable man and a sound Whig. He was not, as the Jacobites and discontented Whigs of his time have represented him, and as ill-informed people still represent him, a prodigal and corrupt minister. They charged him, in their libels and seditious conversations, as having first reduced corruption to a system. Such was their cant. But he was far from governing by corruption. He governed by party attachments. The charge of systematic corruption is less applicable to him, perhaps, than to any minister who ever served the crown for so great a length of time. He gained over very few from the opposition. Without being a genius of the first class, he was an intelligent, prudent, and safe minister. He loved peace, and he helped to communicate the same disposition to nations at least as warlike and restless as that in which he had the chief direction of affairs. Though he served a master who was fond of martial fame, he kept all the establishments very low. The land tax continued at two shillings in the pound for the greater part of his administration. The other impositions were moderate. The profound repose, the equal liberty, the firm protection of just laws, during the long period of his power, were the principal causes of that prosperity which afterwards took such rapid strides towards perfection, and which furnished to this nation ability to acquire the military glory which it has since obtained, as well as to bear the burdens, the cause and consequence of that warlike reputation. With many virtues, public and private, he had his faults; but his faults were superficial. A careless, coarse, and over-familiar style of discourse, without sufficient regard to persons or occasions, and an almost total want of political decorum, were the errors by which he was most hurt in the public opinion, and those through which his enemies obtained the greatest advantage over him. But justice must be done. The prudence, steadiness, and vigilance of that man, joined to the greatest possible lenity in his character and his politics, preserved the crown to this royal family, and, with it, their laws and liberties to this country. Walpole had no other plan of defence for the Revolution than that of the other managers, and of Mr. Burke; and he gives full as little countenance to any arbitrary attempts, on the part of restless and factious men, for framing new governments according to their fancies.

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Mr. Walpole.

"Resistance is nowhere enacted to be legal, but subjected, by all the laws now in being, to the greatest penalties. 'Tis what is not, cannot, nor ought ever to be described, or affirmed in any positive law, to be excusable; when, and upon what never-to-be-expected occasions, it may be exercised, no man can foresee; and ought never to be thought of, but when an utter subversion of the laws of the realm threatens the whole frame of a Constitution, and no redress can otherwise be hoped for. It therefore does and ought forever to stand, in the eye and letter of the law, as the highest offence. But because any man, or party of men, may not, out of folly or wantonness, commit treason, or make their own discontents, ill principles, or disguised affections to another interest, a pretence to resist the supreme power, will it follow from thence that the utmost necessity ought not to engage a nation in its own defence for the preservation of the whole?"

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Sir Joseph Jekyl was, as I have always heard and believed, as nearly as any individual could be, the very standard of Whig principles in his age. He was a learned and an able man; full of honor, integrity, and public spirit; no lover of innovation; nor disposed to change his solid principles for the giddy fashion of the hour. Let us hear this Whig.

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Sir Joseph Jekyl.

"In clearing up and vindicating the justice of the Revolution, which was the second thing proposed, it is far from the intent of the Commons to state the limits and bounds of the subject's submission to the sovereign. That which the law hath been wisely silent in, the Commons desire to be silent in too; nor will they put any case of a justifiable resistance, but that of the Revolution only: and they persuade themselves that the doing right to that resistance will be so far from promoting popular license or confusion, that it will have a contrary effect, and be a means of settling men's minds in the love of and veneration for the laws; to rescue and secure which was the ONLY aim and intention of those concerned in that resistance."

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Dr. Sacheverell's counsel defended him on this principle, namely,--that, whilst he enforced from the pulpit the general doctrine of non-resistance, he was not obliged to take notice of the theoretic limits which ought to modify that doctrine. Sir Joseph Jekyl, in his reply, whilst he controverts its application to the Doctor's defence, fully admits and even enforces the principle itself, and supports the Revolution of 1688, as he and all the managers had done before, exactly upon the same grounds on which Mr. Burke has built, in his Reflections on the French Revolution.

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