which were inseparably combined the dearest liberties
of the English people, and of establishing a test which
would distinguish those who were zealous for that order
of succession from those who sullenly and reluctantly
acquiesced in it. Of the five hundred and thirty
members of the Lower House about four hundred and
twenty voluntarily subscribed the instrument which
recognised William as rightful and lawful King of
England. It was moved in the Upper House that
the same form should be adopted; but objections were
raised by the Tories. Nottingham, ever conscientious,
honourable and narrow minded, declared that he could
not assent to the words “rightful and lawful.”
He still held, as he had held from the first, that
a prince who had taken the Crown, not by birthright,
but by the gift of the Convention, could not properly
be so described. William was doubtless King in
fact, and, as King in fact, was entitled to the obedience
of Christians. “No man,” said Nottingham,
“has served or will serve His Majesty more faithfully
than I. But to this document I cannot set my hand.”
Rochester and Normanby held similar language.
Monmouth, in a speech of two hours and a half, earnestly
exhorted the Lords to agree with the Commons.
Burnet was vehement on the same side. Wharton,
whose father had lately died, and who was now Lord
Wharton, appeared in the foremost rank of the Whig
peers. But no man distinguished himself more
in the debate than one whose life, both public and
private, had been one long series of faults and disasters,
the incestuous lover of Henrietta Berkeley, the unfortunate
lieutenant of Monmouth. He had recently ceased
to be called by the tarnished name of Grey of Wark,
and was now Earl of Tankerville. He spoke on
that day with great force and eloquence for the words,
“rightful and lawful.” Leeds, after
expressing his regret that a question about a mere
phrase should have produced dissension among noble
persons who were all equally attached to the reigning
Sovereign, undertook the office of mediator. He
proposed that their Lordships, instead of recognising
William as rightful and lawful King, should declare
that William had the right by law to the English Crown,
and that no other person had any right whatever to
that Crown. Strange to say, almost all the Tory
peers were perfectly satisfied with what Leeds had
suggested. Among the Whigs there was some unwillingness
to consent to a change which, slight as it was, might
be thought to indicate a difference of opinion between
the two Houses on a subject of grave importance.
But Devonshire and Portland declared themselves content;
their authority prevailed; and the alteration was
made. How a rightful and lawful possessor is to
be distinguished from a possessor who has the exclusive
right by law is a question which a Whig may, without
any painful sense of shame, acknowledge to be beyond
the reach of his faculties, and leave to be discussed
by High Churchmen. Eighty-three peers immediately
affixed their names to the amended form of association;
and Rochester was among them. Nottingham, not
yet quite satisfied, asked time for consideration.686