ONE:Nevertheless, the whole army was dead beat and in the most deplorable condition when they entered Carlisle on the morning of the 19th. As the enemy did not appear, they rested that day and the following night, when they set forward again, leaving a fresh garrison. Cumberland was soon up before the walls, and they fired vigorously at him; but he sent off to Whitehaven and brought up six eighteen-pounders, with which, to their dismay, he began to play on their crumbling walls on the 29th. Next morning they hung out a white flag, and offered to capitulate; but Cumberland would hear of no terms except their surrendering on condition that they should not be put to the sword. At three o'clock in the afternoon both town and castle were surrendered, the garrison being shut up in the cathedral, and a guard set upon them. On the 3rd of January the Duke of Cumberland left the command to General Hawley, and hastened back to London, being summoned to defend the southern coast from a menaced landing of the French.But amid the discouragements of monetary legislation, which showed that it would require a determined contest to compel Ministers to retrench, there were symptoms of a spirit of legal and social reform amongst Parliamentary men generally which augured the approach of better times. Mr. Sturges Bourne obtained the passing of his long-advocated Poor Law Bill; but Bills for regulating settlements, and for preventing the misapplication of the poor rates, were thrown out. A Bill was passed to regulate the treatment of children in cotton factories, and to limit the hours of their employment. Mr. Brougham's Act for inquiry into the charitable foundations of England was extended, with the support of Government, so as to apply to educational as well as to all kinds of charities, except such as had special visitors, or were maintained by private subscriptions. Sir James Mackintosh also took up the humane track of labour occupied so nobly by the late Sir Samuel Romilly. On the 2nd of March he moved for the appointment of a select committee to take into consideration the subject of capital punishment as regarded felonies. This was eminently needed, for the penal laws during the reign of George III. were truly Draconian. Notwithstanding a strong opposition by Ministers, the motion was carried, amid much cheering, and on the 6th of July Sir James Mackintosh introduced the report, which[146] was ordered to be printed. Government, as if to wipe out their disgrace in resisting so humane a measure, now proposed an inquiry into the condition of gaols and other places of confinement, and into the best method of employing and reforming delinquents during their imprisonment. Some reforms were made in Scottish law. The old rights of trial by battle, and of appeals of murder, felony, or mayhem, were abolished as rendered unnecessary by the full exercise of the institution of jury, and as belonging only to a barbarous age. The severity of the Scottish law against duels was mitigated, that law pronouncing forfeiture of all movable property, and banishment against all persons sending, or even carrying, a challenge to fight a duel. The principle of that law was sound, but its severity was its own defeat. A more questionable Bill was one carried, after much opposition, called the Foreign Enlistment Bill, which was intended to check the aid of Englishmen in assisting the Spanish South American colonists in throwing off the oppressive government of the mother country. Numbers of Englishmen were engaged on the side of independence, and this Bill was vainly intended to put an end to that generous aid.
TWO:Oxford had sent round a circular to every Whig lord in or near London who had ever belonged to the Privy Council, warning them to come and make a struggle for the Protestant succession. This was one of the most decided actions of that vibratory statesman, and was, no doubt, prompted by his desire to avenge his recent defeat by Bolingbroke, and to stand well at the last moment with the House of Hanover. In consequence of this, the Jacobite Ministers found themselves completely prostrate and helpless in the midst of the strong muster of Whigs. Even the aged and infirm Somers made his appearance, and threw the weight of his great name into the scale. Prompt measures were taken to secure the advent of the new king. Four regiments were ordered to London; seven battalions were sent for from Ostend, where[23] Marlborough was said to have secured their zealous fidelity to the Elector; a fleet was ordered to put to sea to prevent any interruption of his transit, and to receive him in Holland. An embargo was laid on all ports, and Anne the next morning having sunk again into lethargy, the Council ordered the Heralds-at-Arms and a troop of the Life Guards to be in readiness to proclaim her successor. Mr. Craggs was sent express to Hanover to desire the Elector to hasten to Holland, where the fleet would be ready to receive him. The Council also sent a dispatch to the States General, to remind them of the factwhich for a long time and to this moment the English Government appeared itself to have forgottenthat there was such a thing as a treaty, and that by it they were bound to guarantee the Protestant succession. Lord Berkeley was appointed to the command of the fleet, and a reinforcement was ordered for Portsmouth. A general officer was hastened to Scotland, where much apprehension of a movement in favour of the Pretender existed; and, in short, every conceivable arrangement was made for the safe accession of the Protestant king.The two rival Ministers of England became every day more embittered against each other; and Bolingbroke grew more daring in his advances towards the Pretender, and towards measures only befitting a Stuart's reign. In order to please the High Church, whilst he was taking the surest measures to ruin it by introducing a popish prince, he consulted with Atterbury, and they agreed to bring in a Bill which should prevent Dissenters from educating their own children. This measure was sure to please the Hanoverian Tories, who were as averse from the Dissenters as the Whigs. Thus it would conciliate them and obtain their support at the[19] very moment that the chief authors of it were planning the ruin of their party. This Bill was called the Schism Bill, and enjoined that no person in Great Britain should keep any school, or act as tutor, who had not first subscribed the declaration to conform to the Church of England, and obtained a licence of the diocesan. Upon failure of so doing, the party might be committed to prison without bail; and no such licence was to be granted before the party produced a certificate of his having received the Sacrament according to the communion of the English Church within the last year, and of his having also subscribed the oaths of Allegiance and Supremacy.
THREE:The circumstance sank deeply into the mind of the king, and, resenting especially the conduct of Grenvillewho had acted as though he held a monopoly of office,he determined to be rid of him. He therefore consulted with his uncle, the Duke of Cumberland. That prince, to whom age and infirmities seemed to have given a degree of wisdom, declared the offer of the Ministry to Pitt to be the necessary step, and willingly undertook to make it. But knowing that Pitt would not even listen to the proposal without Temple, he dispatched a summons to Stowe for that nobleman, and himself, infirm as he was, went to Hayes, to learn the will of the great commoner personally. Pitt showed himself disposed to accept the office, on condition that general warrants should be declared illegal; that the officers dismissed on account of their votes be restored; and that an alliance with Protestant powers, and especially with Prussia, should be formed, to counterbalance the compact between France and Spain. This was asking a great deal; but Pitt demanded more in the particulars of appointments,[187] namely, that Pratt, who had opposed the Court so decidedly as regarded Wilkes and general warrants, should be Lord Chancellor, and he opposed the Court desire that the Duke of Northumberland should be at the head of the Treasury. Pitt, moreover, designed the Treasury for Temple. But, when Temple arrived, he refused to take office at all. The fact was that just now he was making a reconciliation with his brother, Grenville, and was averse from throwing him overboard. So far from joining Pitt, he was on the verge of another breach with him. Pitt, disconcerted by this repulse, with a weakness to be deplored in so great a man, refused to accept the offer to form a ministry at all.
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