THREE:THE CLARE CONTEST: FATHER MURPHY LEADING HIS TENANTS TO THE POLL. (See p. 273.)[334]

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THREE:Next came the enactments regarding fasting. By 5 Elizabeth every person who ate flesh on a fish day was liable to a penalty of three pounds; and, in case of non-payment, to three months' imprisonment. It was added that this eating of fish was not from any superstitious notion, but to encourage the fisheries; but by the 2 and 3 Edward VI. the power of inflicting these fish and flesh penalties was invested in the two Archbishops, as though the offence of eating flesh on fish days was an ecclesiastical offence. Lord Stanhope showed that the powers and penalties of excommunication were still in full force; that whoever was excommunicated had no legal power of recovering any debt, or payment for anything that he might sell; that excommunication and its penalties were made valid by the 5 Elizabeth and the 29 Charles II.; that by the 30 Charles II. every peer, or member of the House of Peers, peer of Scotland, or Ireland, or member of the House of Commons, who should go to Court without having made the declaration against transubstantiation, and the invocation of saints therein contained, should be disabled from holding any office, civil or military, from making a proxy in the House of Lords, or from sueing or using any action in law or equity; from being guardian, trustee, or administrator of any will; and should be deemed "a Popish recusant convict." His Lordship observed that probably the whole Protestant bench of bishops were at that moment in this predicament, and that he had a right to clear the House of them, and proceed with his Bill in their absence. He next quoted the 1st of James I., which decreed that any woman, or any person whatever under twenty-one years of age, except sailors, ship-boys, or apprentices, or factors of merchants, who should go over sea without a licence from the king, or six of his Privy Council, should forfeit all his or her goods, lands, and moneys whatever; and whoever should send such person without such licence should forfeit one hundred pounds; and every officer of a port, and every shipowner, master of a ship, and all his mariners who should allow such person to go, or should take him or her, should forfeit everything they possessed, one half to the king, and the other half to the person sueing.

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THREE:All this time it was raining heavily, and Brandreth, daunted by the weather, or by the courageous conduct of the manager, gave the word to march. The manager calculated that there were only about a hundred of them at this point; but they were soon after joined by another troop from Ripley, and they took two roads, which united about three miles farther on, collecting fresh men by the most direful threats. When they reached Eastwood, a village three or four miles farther on the road to Nottingham, they were said to amount to three hundred, but ragged, famished, drenched with the rain, and not half of them armed, even with rude pikes. Near Eastwood they were met by a troop of horse from Nottingham, which had been summoned by Mr. Rolleston, a magistrate, and at the sight they fled in confusion. About forty guns and a number of pikes were picked up, and a considerable number of prisoners were made, amongst them Brandreth. These prisoners were afterwards tried at a special assize at Derby. They were defended by Thomas (afterwards Lord) Denman, whose eloquence on the occasion raised him at once into notice, and whose generous, gratuitous, and indefatigable exertions on behalf of these simple, ignorant victims of Government instigation, showed him to be a man of the noblest nature. Notwithstanding his efforts, twenty of these unhappy dupes were transported for different terms, and three��Brandreth, Ludlam, and Turner��were hanged and then beheaded as traitors.

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THREE:Whilst these proceedings were in agitation, the Tory and Jacobite party, which had at the king's accession appeared stunned, now recovering spirit, began to foment discontent and sedition in the public mind. They got the pulpits to work, and the High Church clergy lent themselves heartily to it. The mobs were soon set to pull down the meeting-houses of the Dissenters. Many buildings were destroyed, and many Dissenters insulted. They did not pause there, but they blackened the character of the king, and denied his right to the Crown, whilst the most fascinating pictures were drawn of the youth, and grace, and graciousness of the rightful English prince, who was wandering in exile to make way for the usurper. To such a length did matters go, that the Riot Act, which had been passed in the reign of Mary, and limited to her own reign, which was again revived by Elizabeth, and had never since been called into action, was now made perpetual, and armed with increased power. It provided that if twelve persons should unlawfully assemble to disturb the peace, and any one Justice should think proper to command them by proclamation to disperse, and should they, in contempt of his orders, continue together for one hour, their assembling should be felony without benefit of clergy. A subsequent clause was added, by which pulling down chapels or houses, even before proclamation, was made subject to the same penalties. Such is the Act in force at this day.

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THREE:The slowness with which the Government became aware of these proceedings is something astonishing in these days of telegraphs and railroads. Though Charles sailed on the 2nd of July, it was not till the 30th of the same month that Lord Tweeddale, the Scottish Secretary of State in London, was informed even that he had left Nantes. Sir John Cope was the commander of the forces in Scotland, and he immediately gave orders for drawing[94] together such troops as he had to Stirling. These were extraordinarily few. There were two regiments of dragoons, Gardiner's and Hamilton's, but both recent in the service; and the whole force at his disposal, exclusive of garrisons, did not amount to three thousand men. Cope was eager enough to march into the Highlands, even with such forces as he had, and crush the insurrection at once. He proposed this apparently active and judicious scheme to the Lords Justices in England, George II. himself being at Hanover, and they warmly approved of it, and issued their positive orders for its execution. It was, in truth, however, the most fatal scheme which could be conceived. The spirit of rebellion was fermenting in every glen and on every hill, and to march regular troops into these rugged fastnesses was only to have them shot down by invisible marksmen on all hands, and reduced to the extremity of the two companies already captured. The plan was to have secured all the passes into the Lowlands, to have drawn his forces to the foot of the mountains wherever a descent could be made, and blockade the rebels in their own hills till they should be reduced by gradual approaches and overwhelming numbers. Famine, indeed, would soon have tamed any large body of men in those sterile regions.On the 18th of February, Colonel Fitzpatrick, Fox's most intimate friend, presented another petition from the electors of Westminster, praying to be heard by counsel, in consequence of new facts having come to light, but Lord Frederick Campbell, on the part of Government, moved that such counsel should not argue against the legality of the scrutiny. The counsel, on being admitted, refused to plead under such restrictions. The House then called in the high bailiff, and demanded what the new facts were on which the petition was based, and he admitted that they were, that the party of Mr. Fox had offered to take the scrutiny in the parishes of St. Margaret's and St. John's alone, where Mr. Fox's interest was the weakest, in order to bring the scrutiny to an end, and that Sir Cecil Wray had declined the offer. Colonel Fitzpatrick then moved that the high bailiff should be directed to make a return, according to the lists on the close of the poll on the 17th of May last. This motion was lost, but only by a majority of nine, showing that the opinion of the House was fast running against the new Minister, and on the 3rd of March Alderman Sawbridge put the same question again, when it was carried by a majority of thirty-eight. It was clear that the Government pressure could be carried no further. Sawbridge moved that the original motion should be put, and it was carried without a division. The next day the return was made, and Fox and Lord Hood were seated as the members for Westminster. Fox immediately moved that the proceedings on this case should be expunged from the journals, but without success. He also commenced an action against the high bailiff for not returning him at the proper time, when duly elected by a majority of votes. He laid his damages at two hundred thousand pounds, and the trial came on before Lord Loughborough, formerly Mr. Wedderburn, in June of the following year, 1786, when the jury gave him immediately a verdict, but only for two thousand pounds, which he said should be distributed amongst the charities of Westminster.

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