The rage of the hostile factions would have been sufficiently violent, if it had been left to itself. But it was studiously exasperated by the common enemy of both. Lewis still continued to bribe and flatter both the court and the opposition. He exhorted Charles to be firm: he exhorted James to raise a civil war in Scotland: he exhorted the Whigs not to flinch, and to rely with confidence on the protection of France.
Through all this agitation a discerning eye might have perceived that the public opinion was gradually changing. The persecution of the Roman Catholics went on; but convictions were no longer matters of course. A new brood of false witnesses, among whom a villain named Dangerfield was the most conspicuous, infested the courts: but the stories of these men, though better constructed than that of Oates, found less credit. Juries were no longer so easy of belief as during the panic which had followed the murder of Godfrey; and Judges, who, while the popular frenzy was at the height, had been its most obsequious instruments, now ventured to express some part of what they had from the first thought.
At length, in October 1680, the Parliament met. The Whigs had so great a majority in the Commons that the Exclusion Bill went through all its stages there without difficulty. The King scarcely knew on what members of his own cabinet he could reckon. Hyde had been true to his Tory opinions, and had steadily supported the cause of hereditary monarchy. But Godolphin, anxious for quiet, and believing that quiet could be restored only by concession, wished the bill to pass. Sunderland, ever false, and ever shortsighted, unable to discern the signs of approaching reaction, and anxious to conciliate the party which he believed to be irresistible, determined to vote against the court. The Duchess of Portsmouth implored her royal lover not to rush headlong to destruction. If there were any point on which he had a scruple of conscience or of honour, it was the question of the succession; but during some days it seemed that he would submit. He wavered, asked what sum the Commons would give him if he yielded, and suffered a negotiation to be opened with the leading Whigs. But a deep mutual distrust which had been many years growing, and which had been carefully nursed by the arts of France, made a treaty impossible. Neither side would place confidence in the other. The whole nation now looked with breathless anxiety to the House of Lords. The assemblage of peers was large. The King himself was present. The debate was long, earnest, and occasionally furious. Some hands were laid on the pommels of swords in a manner which revived the recollection of the stormy Parliaments of Edward the Third and Richard the Second. Shaftesbury and Essex were joined by the treacherous Sunderland. But the genius of Halifax bore down all opposition. Deserted by his most important colleagues, and opposed to a crowd of able antagonists, he defended the cause of the Duke of York, in a succession of speeches which, many years later, were remembered as masterpieces of reasoning, of wit, and of eloquence. It is seldom that oratory changes votes. Yet the attestation of contemporaries leaves no doubt that, on this occasion, votes were changed by the oratory of Halifax. The Bishops, true to their doctrines, supported the principle of hereditary right, and the bill was rejected by a great majority. [22]