embarrassments, he betrayed to Barillon all the schemes adverse to France which had been meditated in the English cabinet, and hinted that a Secretary of State could in such times render services for which it might be wise in Lewis to pay largely. The Ambassador told his master that six thousand guineas was the smallest gratification that could be offered to so important a minister. Lewis consented to go as high as twenty-five thousand crowns, equivalent to about five thousand six hundred pounds sterling. It was agreed that Sunderland should receive this sum yearly, and that he should, in return, exert all his influence to prevent the reassembling of the Parliament.59 He joined himself therefore to the Jesuitical cabal, and made so dexterous an use of the influence of that cabal that he was appointed to succeed Halifax in the high dignity of Lord President without being required to resign the far more active and lucrative post of Secretary.60 He felt, however, that he could never hope to obtain paramount influence in the court while he was supposed to belong to the Established Church. All religions were the same to him. In private circles, indeed, he was in the habit of talking with profane contempt of the most sacred things. He therefore determined to let the King have the delight and glory of effecting a conversion. Some management, however, was necessary. No man is utterly without regard for the opinion of his fellow creatures; and even Sunderland, though not very sensible to shame, flinched from the infamy of public apostasy. He played his part with rare adroitness. To the world he showed himself as a Protestant. In the royal closet he assumed the character of an earnest inquirer after truth, who was almost persuaded to declare himself a Roman Catholic, and who, while waiting for fuller illumination, was disposed to render every service in his power to the professors of the old faith. James, who was never very discerning, and who in religious matters was absolutely blind, suffered himself, notwithstanding all that he had seen of human knavery, of the knavery of courtiers as a class, and of the knavery of Sunderland in particular, to be duped into the belief that divine grace had touched the most false and callous of human hearts. During many months the wily minister continued to be regarded at court as a promising catechumen, without exhibiting himself to the public in the character of a renegade.61
He early suggested to the King the expediency of appointing a secret committee of Roman Catholics to advise on all matters affecting the interests of their religion. This committee met sometimes at Chiffinch’s lodgings, and sometimes at the official apartments of Sunderland, who, though still nominally a Protestant, was admitted to all its deliberations, and soon obtained a decided ascendency over the other members. Every Friday the Jesuitical cabal dined with the Secretary. The conversation at table was free; and the weaknesses of the prince whom the confederates hoped to manage were not spared. To Petre Sunderland promised a Cardinal’s hat; to Castelmaine a splendid embassy to Rome; to Dover a lucrative command in the Guards; and to Tyrconnel high employment in Ireland. Thus hound together by the strongest ties of interest, these men addressed themselves to the task of subverting the Treasurer’s power.62
There were two Protestant members of the cabinet who took no decided part in the struggle. Jeffreys was at this time tortured by a cruel internal malady which had been aggravated by intemperance. At a dinner which a wealthy Alderman gave to some of the leading members of the government, the Lord Treasurer and the Lord Chancellor were so drunk that they stripped themselves almost stark naked, and were with difficulty prevented from climbing up a signpost to drink His Majesty’s health. The pious Treasurer escaped with nothing but the scandal of the debauch: but the Chancellor brought on a violent fit of his complaint. His life was for some time thought to be in serious danger. James expressed great uneasiness at the thought of losing a minister who suited him so well, and said, with some truth, that the loss of such a man could not be easily repaired. Jeffreys, when he became convalescent, promised his support to both the contending parties, and waited to see which of them would prove victorious. Some curious proofs of his duplicity are still extant. It has been already said that the two French agents who were then resident in London had divided the English court between them. Bonrepaux was constantly with Rochester; and Barillon lived with Sunderland. Lewis was informed in the same week by Bonrepaux that the Chancellor was entirely with the Treasurer, and by Barillon that the Chancellor was in league with the Secretary.63
Godolphin, cautious and taciturn, did his best to preserve neutrality. His opinions and wishes were undoubtedly with Rochester; but his office made it necessary for him to be in constant attendance on the Queen; and he was naturally unwilling to be on bad terms with her. There is indeed reason to believe that he regarded her with an attachment more romantic than often finds place in the hearts of veteran statesmen; and circumstances, which it is now necessary to relate, had thrown her entirely into the hands of the Jesuitical cabal.64
The King, stern as was his temper and grave as was his deportment, was scarcely less under the influence of female attractions than his more lively and amiable brother had been. The beauty, indeed, which distinguished the favourite ladies of Charles was not necessary to James. Barbara Palmer, Eleanor Gwynn, and Louisa de Querouaille were among the finest women of their time. James, when young, had surrendered his liberty, descended below his rank, and incurred the displeasure of his family for the coarse features of Anne Hyde. He had soon, to the great diversion of the whole court, been drawn away from his plain consort by a plainer mistress, Arabella Churchill. His second wife, though twenty years younger than himself, and of no unpleasing face or figure, had frequent reason to complain of his inconstancy. But of all his illicit attachments the strongest was that which bound him to Catharine Sedley.
This woman was the daughter of Sir Charles Sedley, one of the most brilliant and profligate wits of the Restoration. The licentiousness of his writings is not redeemed by much grace or vivacity; but the charms of his conversation were acknowledged even by sober men who had no esteem for his character. To sit near him at the theatre, and to hear his criticisms on a new play, was regarded as a privilege.65 Dryden had done him the honour to make him a principal interlocutor in the Dialogue on Dramatic Poesy. The morals of Sedley were such as, even in that age, gave great scandal. He on one occasion, after a wild revel, exhibited himself without a shred of clothing in the balcony of a tavern near Covent Garden, and harangued the people who were passing in language so indecent and profane that he was driven in by a shower of brickbats, was prosecuted for a misdemeanour, was sentenced to a heavy fine, and was reprimanded by the Court of King’s Bench in the most cutting terms.66 His daughter had inherited his abilities and his impudence. Personal charms she had none, with the exception of two brilliant eyes, the lustre of which, to men of delicate taste, seemed fierce and unfeminine. Her form was lean, her countenance haggard. Charles, though he liked her conversation, laughed at her ugliness, and said that the priests must have recommended her to his brother by way of penance. She well knew that she was not handsome, and jested freely on her own homeliness. Yet, with strange inconsistency, she loved to adorn herself magnificently, and drew on herself much keen ridicule by appearing in the theatre and the ring plastered, painted, clad in Brussels lace, glittering with diamonds, and affecting all the graces of eighteen.67
The nature of her influence over James is not easily to be explained. He was no longer young. He was a religious man; at least he was willing to make for his religion exertions and sacrifices from which the great majority of those who are called religious men would shrink. It seems strange that any attractions should have drawn him into a course of life which he must have regarded as highly criminal; and in this case none could understand where the attraction lay. Catharine herself was astonished by the violence of his passion. “It cannot be my beauty,” she said; “for he must see that I have none; and it cannot be my wit, for he has not enough to know that I have any.”
At the moment of the King’s accession a sense of the new responsibility which lay on him made his mind for a time peculiarly open to religious impressions. He formed and announced many good resolutions, spoke in public with great severity of the impious and licentious manners of the age, and in private assured his Queen and his confessor that he would see Catharine Sedley no more. He wrote to his mistress intreating her to quit the apartments which she occupied at Whitehall, and to go to a house in Saint James’s Square which had been splendidly furnished for her at his expense. He at the same time promised to allow her a large pension from his privy purse. Catharine, clever, strongminded, intrepid, and conscious of her power, refused to stir. In a few months it began to be whispered that the services of Chiffinch were again employed, and that the mistress frequently passed and repassed through that private door through which Father Huddleston had borne the host to the bedside of Charles. The King’s Protestant ministers had, it seems, conceived a hope that their master’s infatuation for this woman might cure him of the more pernicious infatuation which impelled him to attack their religion. She had all the talents which could qualify her to play on his feelings, to make game of his scruples, to set before him in a strong light the difficulties and dangers into which he was running headlong. Rochester, the champion of the Church, exerted himself to strengthen her influence. Ormond, who is popularly regarded as the personification of all that is pure and highminded in the English Cavalier, encouraged the design. Even Lady Rochester was not ashamed to cooperate, and that in the very worst way. Her office was to direct the jealousy of the injured wife towards a young lady who was perfectly innocent. The whole court took notice of the coldness and rudeness with which the Queen treated the poor girl on whom suspicion had been thrown: but the cause of Her Majesty’s ill humour was a mystery. For a time the intrigue went on prosperously and secretly. Catharine often told the King plainly what the Protestant Lords of the Council only dared to hint in the most delicate phrases. His crown, she said, was at stake: the old dotard Arundell and the blustering Tyrconnel would lead him to his ruin. It is possible that her caresses might have done what the united exhortations of the Lords and the Commons, of the House of Austria and the Holy See, had failed to do, but for a strange mishap which changed the whole face of affairs. James, in a fit of fondness, determined to make his mistress Countess of Dorchester in her own right. Catharine saw all the peril of such a step, and declined the invidious honour. Her lover was obstinate, and himself forced the patent into her hands. She at last accepted it on one condition, which shows her confidence in her own power and in his weakness. She made him give her a solemn promise, not that he would never quit her, but that, if he did so, he would himself announce his resolution to her, and grant her one parting interview.
As soon as the news of her elevation got abroad, the whole palace was in an uproar. The warm blood of Italy boiled in the veins of the Queen. Proud of her youth and of her charms, of her high rank and of her stainless chastity, she could not without agonies of grief and rage see herself deserted and insulted for such a rival. Rochester, perhaps remembering how patiently, after a short struggle, Catharine of Braganza had consented to treat the mistresses of Charles with politeness, had expected that, after a little complaining and pouting, Mary of Modena would be equally submissive. It was not so. She did not even attempt to conceal from the eyes of the world the violence of her emotions. Day after day the courtiers who came to see her dine observed that the dishes were removed untasted from the table. She suffered the tears to stream down her cheeks unconcealed in the presence of the whole circle of ministers and envoys. To the King she spoke with wild vehemence. “Let me go,” she cried. “You have made your woman a Countess: make her a Queen. Put my crown on her head. Only let me hide myself in some convent, where I may never see her more.” Then, more soberly, she asked him how he reconciled his conduct to his religious professions. “You are ready,” she said, “to put your kingdom to hazard for the sake of your soul; and yet you are throwing away your soul for the sake of that creature.” Father Petre, on bended knees, seconded these remonstrances. It was his duty to do so; and his duty was not the less strenuously performed because it coincided with his interest. The King went on for a time sinning and repenting. In his hours of remorse his penances were severe. Mary treasured up to the end of her life, and at her death bequeathed to the convent of Chaillot, the scourge with which he had vigorously avenged her wrongs upon his own shoulders. Nothing but Catharine’s absence could put an end to this struggle between an ignoble love and an ignoble superstition. James wrote, imploring and commanding her to depart. He owned that he had promised to bid her farewell in person. “But I know too well,” he added, “the power which you have over me. I have not strength of mind enough to keep my resolution if I see you.” He offered her a yacht to convey her with all dignity and comfort to Flanders, and threatened that if she did not go quietly she should be sent away by force. She at one time worked on his feelings by pretending to be ill. Then she assumed the airs of a martyr, and impudently proclaimed herself a sufferer for the Protestant religion. Then again she adopted the style of John Hampden. She defied the King to remove her. She would try the right with him. While the Great Charter and the Habeas Corpus Act were the law of the land, she would live where she pleased. “And Flanders,” she cried; “never! I have learned one thing from my friend the Duchess of Mazarin; and that is never to trust myself in a country where there are convents.” At length she selected Ireland as the place of her exile, probably because the brother of her patron Rochester was viceroy there. After many delays she departed, leaving the victory to the Queen.68
The history of this extraordinary intrigue would be imperfect, if it were not added that there is still extant a religious meditation, written by the Treasurer, with his own hand, on the very same day on which the intelligence of his attempt to govern his master by means of a concubine was despatched by Bonrepaux to Versailles. No composition of Ken or Leighton breathes a spirit of more fervent and exalted piety than this effusion. Hypocrisy cannot be suspected: for the paper was evidently meant only for the writer’s own eye, and was not published till he had been more than a century in his grave. So much is history stranger than fiction; and so true is it that nature has caprices which art dares not imitate. A dramatist would scarcely venture to bring on the stage a grave prince, in the decline of life, ready to sacrifice his crown in order to serve the interests of his religion, indefatigable in making proselytes, and yet deserting and insulting a wife who had youth and beauty for the sake of a profligate paramour who had neither. Still less, if possible, would a dramatist venture to introduce a statesman stooping to the wicked and shameful part of a procurer, and calling in his wife to aid him in that dishonourable office, yet, in his moments of leisure, retiring to his closet, and there secretly pouring out his soul to his God in penitent tears and devout ejaculations.69
The Treasurer soon found that, in using scandalous means for the purpose of obtaining a laudable end, he had committed, not only a crime, but a folly. The Queen was now his enemy. She affected, indeed, to listen with civility while the Hydes excused their recent conduct as well as they could; and she occasionally pretended to use her influence in their favour: but she must have been more or less than woman if she had really forgiven the conspiracy which had been formed against her dignity and her domestic happiness by the family of her husband’s first wife. The Jesuits strongly represented to the King the danger which he had so narrowly escaped. His reputation, they said, his peace, his soul, had been put in peril by the machinations of his prime minister. The Nuncio, who would gladly have counteracted the influence of the violent party, and cooperated with the moderate members of the cabinet, could not honestly or decently separate himself on this occasion from Father Petre. James himself, when parted by the sea from the charms which had so strongly fascinated him, could not but regard with resentment and contempt those who had sought to govern him by means of his vices. What had passed must have had the effect of raising his own Church in his esteem, and of lowering the Church of England. The Jesuits, whom it was the fashion to represent as the most unsafe of spiritual guides, as sophists who refined away the whole system of evangelical morality, as sycophants who owed their influence chiefly to the indulgence with which they treated the sins of the great, had reclaimed him from a life of guilt by rebukes as sharp and bold as those which David had heard from Nathan and Herod from the Baptist. On the other hand, zealous Protestants, whose favourite theme was the laxity of Popish casuists and the wickedness of doing evil that good might come, had attempted to obtain advantages for their own Church in a way which all Christians regarded as highly criminal. The victory of the cabal of evil counsellors was therefore complete. The King looked coldly on Rochester. The courtiers and foreign ministers soon perceived that the Lord Treasurer was prime minister only in name. He continued to offer his advice daily, and had the mortification to find it daily rejected. Yet he could not prevail on himself to relinquish the outward show of power and the emoluments which he directly and indirectly derived from his great place. He did his best, therefore, to conceal his vexations from the public eye. But his violent passions and his intemperate habits disqualified him for the part of a dissembler. His gloomy looks, when he came out of the council chamber, showed how little he was pleased with what had passed at the board; and, when the bottle had gone round freely, words escaped him which betrayed his uneasiness.70
He might, indeed, well be uneasy. Indiscreet and unpopular measures followed each other in rapid succession. All thought of returning to the policy of the Triple Alliance was abandoned. The King explicitly avowed to the ministers of those continental powers with which he had lately intended to ally himself, that all his views had undergone a change, and that England was still to be, as she had been under his grandfather, his father, and his brother, of no account in Europe. “I am in no condition,” he said to the Spanish Ambassador, “to trouble myself about what passes abroad. It is my resolution to let foreign affairs take their course, to establish my authority at home, and to do something for my religion.” A few days later he announced the same intentions to the States General.71 From that time to the close of his ignominious reign, he made no serious effort to escape from vassalage, though, to the last, he could never hear, without transports of rage, that men called him a vassal.
The two events which proved to the public that Sunderland and Sunderland’s party were victorious were the prorogation of the Parliament from February to May, and the departure of Castelmaine for Rome with the appointments of an Ambassador of the highest rank.72
Hitherto all the business of the English government at the papal court had been transacted by John Caryl. This gentleman was known to his contemporaries as a man of fortune and fashion, and as the author of two successful plays, a tragedy in rhyme which had been made popular by the action and recitation of Betterton, and a comedy which owes all its value to scenes borrowed from Moliere. These pieces have long been forgotten; but what Caryl could not do for himself has been done for him by a more powerful genius. Half a line in the Rape of the Lock has made his name immortal.
Caryl, who was, like all the other respectable Roman Catholics, an enemy to violent courses, had acquitted himself of his delicate errand at Rome with good sense and good feeling. The business confided to him was well done; but he assumed no public character, and carefully avoided all display. His mission, therefore, put the government to scarcely any charge, and excited scarcely any murmurs. His place was now most unwisely supplied by a costly and ostentatious embassy, offensive in the highest degree to the people of England, and by no means welcome to the court of Rome. Castelmaine had it in charge to demand a Cardinal’s hat for his confederate Petre.
About the same time the King began to show, in an unequivocal manner, the feeling which he really entertained towards the banished Huguenots. While he had still hoped to cajole his Parliament into submission and to become the head of an European coalition against France, he had affected to blame the revocation of the edict of Nantes, and to pity the unhappy men whom persecution had driven from their country. He had caused it to be announced that, at every church in the kingdom, a collection would be made under his sanction for their benefit. A proclamation on this subject had been drawn up in terms which might have wounded the pride of a sovereign less sensitive and vainglorious than Lewis. But all was now changed. The principles of the treaty of Dover were again the principles of the foreign policy of England. Ample apologies were therefore made for the discourtesy with which the English government had acted towards France in showing favour to exiled Frenchmen. The proclamation which had displeased Lewis was recalled.73 The Huguenot ministers were admonished to speak with reverence of their oppressor in their public discourses, as they would answer it at their peril. James not only ceased to express commiseration for the sufferers, but declared that he believed them to harbour the worst designs, and owned that he had been guilty of an error in countenancing them. One of the most eminent of the refugees, John Claude, had published on the Continent a small volume in which he described with great force the sufferings of his brethren. Barillon demanded that some opprobrious mark should be put on his book. James complied, and in full council declared it to be his pleasure that Claude’s libel should be burned by the hangman before the Royal Exchange. Even Jeffreys was startled, and ventured to represent that such a proceeding was without example, that the book was written in a foreign tongue, that it had been printed at a foreign press, that it related entirely to transactions which had taken place in a foreign country, and that no English government had ever animadverted on such works. James would not suffer the question to be discussed. “My resolution,” he said, “is taken. It has become the fashion to treat Kings disrespectfully; and they must stand by each other. One King should always take another’s part: and I have particular reasons for showing this respect to the King of France.” There was silence at the board. The order was forthwith issued; and Claude’s pamphlet was committed to the flames, not without the deep murmurs of many who had always been reputed steady loyalists.74
The promised collection was long put off under various pretexts. The King would gladly have broken his word; but it was pledged so solemnly that he could not for very shame retract.75 Nothing, however, which could cool the zeal of congregations was omitted. It had been expected that, according to the practice usual on such occasions, the people would be exhorted to liberality from the pulpits. But James was determined not to tolerate declamations against his religion and his ally. The Archbishop of Canterbury was therefore commanded to inform the clergy that they must merely read the brief, and must not presume to preach on the sufferings of the French Protestants.76 Nevertheless the contributions were so large that, after all deductions, the sum of forty thousand pounds was paid into the Chamber of London. Perhaps none of the munificent subscriptions of our own age has borne so great a proportion to the means of the nation.77
The King was bitterly mortified by the large amount of the collection which had been made in obedience to his own call. He knew, he said, what all this liberality meant. It was mere Whiggish spite to himself and his religion.78 He had already resolved that the money should be of no use to those whom the donors wished to benefit. He had been, during some weeks, in close communication with the French embassy on this subject, and had, with the approbation of the court of Versailles, determined on a course which it is not very easy to reconcile with those principles of toleration to which he afterwards pretended to be attached. The refugees were zealous for the Calvinistic discipline and worship. James therefore gave orders that none should receive a crust of bread or a basket of coals who did not first take the sacrament according to the Anglican ritual.79 It is strange that this inhospitable rule should have been devised by a prince who affected to consider the Test Act as an outrage on the rights of conscience: for, however unjustifiable it may be to establish a sacramental test for the purpose of ascertaining whether men are fit for civil and military office, it is surely much more unjustifiable to establish a sacramental test for the purpose of ascertaining whether, in their extreme distress, they are fit objects of charity. Nor had James the plea which may be urged in extenuation of the guilt of almost all other persecutors: for the religion which he commanded the refugees to profess, on pain of being left to starve, was not his own religion. His conduct towards them was therefore less excusable than that of Lewis: for Lewis oppressed them in the hope of bringing them over from a damnable heresy to the true Church: James oppressed them only for the purpose of forcing them to apostatize from one damnable heresy to another.
Several Commissioners, of whom the Chancellor was one, had been appointed to dispense the public alms. When they met for the first time, Jeffreys announced the royal pleasure. The refugees, he said, were too generally enemies of monarchy and episcopacy. If they wished for relief, they must become members of the Church of England, and must take the sacrament from the hands of his chaplain. Many exiles, who had come full of gratitude and hope to apply for succour, heard their sentence, and went brokenhearted away.80
May was now approaching; and that month had been fixed for the meeting of the Houses: but they were again prorogued to November.81 It was not strange that the King did not wish to meet them: for he had determined to adopt a policy which he knew to be, in the highest degree, odious to them. From his predecessors he had inherited two prerogatives, of which the limits had never been defined with strict accuracy, and which, if exerted without any limit, would of themselves have sufficed to overturn the whole polity of the State and of the Church. These were the dispensing power and the ecclesiastical supremacy. By means of the dispensing power the King purposed to admit Roman Catholics, not merely to civil and military, but to spiritual, offices. By means of the ecclesiastical supremacy he hoped to make the Anglican clergy his instruments for the destruction of their own religion.
This scheme developed itself by degrees. It was not thought safe to begin by granting to the whole Roman Catholic body a dispensation from all statutes imposing penalties and tests. For nothing was more fully established than that such a dispensation was illegal. The Cabal had, in 1672, put forth a general Declaration of Indulgence. The Commons, as soon as they met, had protested against it. Charles the Second had ordered it to be cancelled in his presence, and had, both by his own mouth and by a written message, assured the Houses that the step which had caused so much complaint should never be drawn into precedent. It would have been difficult to find in all the Inns of Court a barrister of reputation to argue in defence of a prerogative which the Sovereign, seated on his throne in full Parliament, had solemnly renounced a few years before. But it was not quite so clear that the King might not, on special grounds, grant exemptions to individuals by name. The first object of James, therefore, was to obtain from the courts of common law an acknowledgment that, to this extent at least, he possessed the dispensing power.
But, though his pretensions were moderate when compared with those which he put forth a few months later, he soon found that he had against him almost the whole sense of Westminster Hall. Four of the Judges gave him to understand that they could not, on this occasion, serve his purpose; and it is remarkable that all the four were violent Tories, and that among them were men who had accompanied Jeffreys on the Bloody Circuit, and who had consented to the death of Cornish and of Elizabeth Gaunt. Jones, the Chief Justice of the Common Pleas, a man who had never before shrunk from any drudgery, however cruel or servile, now held in the royal closet language which might have become the lips of the purest magistrates in our history. He was plainly told that he must either give up his opinion or his place. “For my place,” he answered, “I care little. I am old and worn out in the service of the crown; but I am mortified to find that your Majesty thinks me capable of giving a judgment which none but an ignorant or a dishonest man could give.” “I am determined,” said the King, “to have twelve Judges who will be all of my mind as to this matter.” “Your Majesty,” answered Jones, “may find twelve Judges of your mind, but hardly twelve lawyers.”82 He was dismissed together with Montague, Chief Baron of the Exchequer, and two puisne Judges, Neville and Charlton. One of the new Judges was Christopher Milton, younger brother of the great poet. Of Christopher little is known except that, in the time of the civil war, he had been a Royalist, and that he now, in his old age, leaned towards Popery. It does not appear that he was ever formally reconciled to the Church of Rome: but he certainly had scruples about communicating with the Church of England, and had therefore a strong interest in supporting the dispensing power.83
The King found his counsel as refractory as his Judges. The first barrister who learned that he was expected to defend the dispensing power was the Solicitor General, Heneage Finch. He peremptorily refused, and was turned out of office on the following day.84 The Attorney General, Sawyer, was ordered to draw warrants authorising members of the Church of Rome to hold benefices belonging to the Church of England. Sawyer had been deeply concerned in some of the harshest and most unjustifiable prosecutions of that age; and the Whigs abhorred him as a man stained with the blood of Russell and Sidney: but on this occasion he showed no want of honesty or of resolution. “Sir,” said he, “this is not merely to dispense with a statute; it is to annul the whole statute law from the accession of Elizabeth to this day. I dare not do it; and I implore your Majesty to consider whether such an attack upon the rights of the Church be in accordance with your late gracious promises.”85 Sawyer would have been instantly dismissed as Finch had been, if the government could have found a successor: but this was no easy matter. It was necessary for the protection of the rights of the crown that one at least of the crown lawyers should be a man of learning, ability, and experience; and no such man was willing to defend the dispensing power. The Attorney General was therefore permitted to retain his place during some months. Thomas Powis, an insignificant man, who had no qualification for high employment except servility, was appointed Solicitor.
The preliminary arrangements were now complete. There was a Solicitor General to argue for the dispensing power, and twelve Judges to decide in favour of it. The question was therefore speedily brought to a hearing. Sir Edward Hales, a gentleman of Kent, had been converted to Popery in days when it was not safe for any man of note openly to declare himself a Papist. He had kept his secret, and, when questioned, had affirmed that he was a Protestant with a solemnity which did little credit to his principles. When James had ascended the throne, disguise was no longer necessary. Sir Edward publicly apostatized, and was rewarded with the command of a regiment of foot. He had held his commission more than three months without taking the sacrament. He was therefore liable to a penalty of five hundred pounds, which an informer might recover by action of debt. A menial servant was employed to bring a suit for this sum in the Court of King’s Bench. Sir Edward did not dispute the facts alleged against him, but pleaded that he had letters patent authorising him to hold his commission notwithstanding the Test Act. The plaintiff demurred, that is to say, admitted Sir Edward’s plea to be true in fact, but denied that it was a sufficient answer. Thus was raised a simple issue of law to be decided by the court. A barrister, who was notoriously a tool of the government, appeared for the mock plaintiff, and made some feeble objections to the defendant’s plea. The new Solicitor General replied. The Attorney General took no part in the proceedings. Judgment was given by the Lord Chief Justice, Sir Edward Herbert. He announced that he had submitted the question to all the twelve Judges, and that, in the opinion of eleven of them, the King might lawfully dispense with penal statutes in particular cases, and for special reasons of grave importance. The single dissentient, Baron Street, was not removed from his place. He was a man of morals so bad that his own relations shrank from him, and that the Prince of Orange, at the time of the Revolution, was advised not to see him. The character of Street makes it impossible to believe that he would have been more scrupulous than his brethren. The character of James makes it impossible to believe that a refractory Baron of the Exchequer would have been permitted to retain his post. There can be no reasonable doubt that the dissenting Judge was, like the plaintiff and the plaintiff’s counsel, acting collusively. It was important that there should be a great preponderance of authority in favour of the dispensing power; yet it was important that the bench, which had been carefully packed for the occasion, should appear to be independent. One Judge, therefore, the least respectable of the twelve, was permitted, or more probably commanded, to give his voice against the prerogative.86
The power which the courts of law had thus recognised was not suffered to lie idle. Within a month after the decision of the King’s Bench had been pronounced, four Roman Catholic Lords were sworn of the Privy Council. Two of these, Powis and Bellasyse, were of the moderate party, and probably took their seats with reluctance and with many sad forebodings. The other two, Arundell and Dover, had no such misgivings.87
The dispensing power was, at the same time, employed for the purpose of enabling Roman Catholics to hold ecclesiastical preferment. The new Solicitor readily drew the warrants in which Sawyer had refused to be concerned. One of these warrants was in favour of a wretch named Edward Sclater, who had two livings which he was determined to keep at all costs and through all changes. He administered the sacrament to his parishioners according to the rites of the Church of England on Palm Sunday 1686. On Easter Sunday, only seven days later, he was at mass. The royal dispensation authorised him to retain the emoluments of his benefices. To the remonstrances of the patrons from whom he had received his preferment he replied in terms of insolent defiance, and, while the Roman Catholic cause prospered, put forth an absurd treatise in defence of his apostasy. But, a very few weeks after the Revolution, a great congregation assembled at Saint Mary’s in the Savoy, to see him received again into the bosom of the Church which he had deserted. He read his recantation with tears flowing from his eyes, and pronounced a bitter invective against the Popish priests whose arts had seduced him.88
Scarcely less infamous was the conduct of Obadiah Walker. He was an aged priest of the Church of England, and was well known in the University of Oxford as a man of learning. He had in the late reign been suspected of leaning towards Popery, but had outwardly conformed to the established religion, and had at length been chosen Master of University College. Soon after the accession of James, Walker determined to throw off the disguise which he had hitherto worn. He absented himself from the public worship of the Church of England, and, with some fellows and undergraduates whom he had perverted, heard mass daily in his own apartments. One of the first acts performed by the new Solicitor General was to draw up an instrument which authorised Walker and his proselytes to hold their benefices, notwithstanding their apostasy. Builders were immediately employed to turn two sets of rooms into an oratory. In a few weeks the Roman Catholic rites were publicly performed in University College. A Jesuit was quartered there as chaplain. A press was established there under royal license for the printing of Roman Catholic tracts. During two years and a half, Walker continued to make war on Protestantism with all the rancour of a renegade: but when fortune turned he showed that he wanted the courage of a martyr. He was brought to the bar of the House of Commons to answer for his conduct, and was base enough to protest that he had never changed his religion, that he had never cordially approved of the doctrines of the Church of Rome, and that he had never tried to bring any other person within the pale of that Church. It was hardly worth while to violate the most sacred obligations of law and of plighted faith, for the purpose of making such converts as these.89
In a short time the King went a step further. Sclater and Walker had only been permitted to keep, after they became Papists, the preferment which had been bestowed on them while they passed for Protestants. To confer a high office in the Established Church on an avowed enemy of that Church was a far bolder violation of the laws and of the royal word. But no course was too bold for James. The Deanery of Christchurch became vacant. That office was, both in dignity and in emolument, one of the highest in the University of Oxford. The Dean was charged with the government of a greater number of youths of high connections and of great hopes than could then be found in any other college. He was also the head of a Cathedral. In both characters it was necessary that he should be a member of the Church of England. Nevertheless John Massey, who was notoriously a member of the Church of Rome, and who had not one single recommendation, except that he was a member of the Church of Rome, was appointed by virtue of the dispensing power; and soon within the walls of Christchurch an altar was decked, at which mass was daily celebrated.90 To the Nuncio the King said that what had been done at Oxford should very soon be done at Cambridge.91
Yet even this was a small evil compared with that which Protestants had good ground to apprehend. It seemed but too probable that the whole government of the Anglican Church would shortly pass into the hands of her deadly enemies. Three important sees had lately become vacant, that of York, that of Chester, and that of Oxford. The Bishopric of Oxford was given to Samuel Parker, a parasite, whose religion, if he had any religion, was that of Rome, and who called himself a Protestant only because he was encumbered with a wife. “I wished,” the King said to Adda, “to appoint an avowed Catholic: but the time is not come. Parker is well inclined to us; he is one of us in feeling; and by degrees he will bring round his clergy.”92 The Bishopric of Chester, vacant by the death of John Pearson, a great name both in philology and in divinity, was bestowed on Thomas Cartwright, a still viler sycophant than Parker. The Archbishopric of York remained several years vacant. As no good reason could be found for leaving so important a place unfilled, men suspected that the nomination was delayed only till the King could venture to place the mitre on the head of an avowed Papist. It is indeed highly probable that the Church of England was saved from this outrage by the good sense and good feeling of the Pope. Without a special dispensation from Rome no Jesuit could be a Bishop; and Innocent could not be induced to grant such a dispensation to Petre.
James did not even make any secret of his intention to exert vigorously and systematically for the destruction of the Established Church all the powers which he possessed as her head. He plainly said that, by a wise dispensation of Providence, the Act of Supremacy would be the means of healing the fatal breach which it had caused. Henry and Elizabeth had usurped a dominion which rightfully belonged to the Holy See. That dominion had, in the course of succession, descended to an orthodox prince, and would be held by him in trust for the Holy See. He was authorised by law to repress spiritual abuses; and the first spiritual abuse which he would repress should be the liberty which the Anglican clergy assumed of defending their own religion and of attacking the doctrines of Rome.93
But he was met by a great difficulty. The ecclesiastical supremacy which had devolved on him, was by no means the same great and terrible prerogative which Elizabeth, James the First, and Charles the First had possessed. The enactment which annexed to the crown an almost boundless visitatorial authority over the Church, though it had never been formally repealed, had really lost a great part of its force. The substantive law remained; but it remained unaccompanied by any formidable sanction or by any efficient system of procedure, and was therefore little more than a dead letter.
The statute, which restored to Elizabeth the spiritual dominion assumed by her father and resigned by her sister, contained a clause authorising the sovereign to constitute a tribunal which might investigate, reform, and punish all ecclesiastical delinquencies. Under the authority given by this clause, the Court of High Commission was created. That court was, during many years, the terror of Nonconformists, and, under the harsh administration of Laud, became an object of fear and hatred even to those who most loved the Established Church. When the Long Parliament met, the High Commission was generally regarded as the most grievous of the many grievances under which the nation laboured. An act was therefore somewhat hastily passed, which not only took away from the Crown the power of appointing visitors to superintend the Church, but abolished all ecclesiastical courts without distinction.
After the Restoration, the Cavaliers who filled the House of Commons, zealous as they were for the prerogative, still remembered with bitterness the tyranny of the High Commission, and were by no means disposed to revive an institution so odious. They at the same time thought, and not without reason, that the statute which had swept away all the courts Christian of the realm, without providing any substitute, was open to grave objection. They accordingly repealed that statute, with the exception of the part which related to the High Commission. Thus, the Archidiaconal Courts, the Consistory Courts, the Court of Arches, the Court of Peculiars, and the Court of Delegates were revived: but the enactment by which Elizabeth and her successors had been empowered to appoint Commissioners with visitatorial authority over the Church was not only not revived, but was declared, with the utmost strength of language, to be completely abrogated. It is therefore as clear as any point of constitutional law can be that James the Second was not competent to appoint a Commission with power to visit and govern the Church of England.94 But, if this were so, it was to little purpose that the Act of Supremacy, in high sounding words, empowered him to amend what was amiss in that Church. Nothing but a machinery as stringent as that which the Long Parliament had destroyed could force the Anglican clergy to become his agents for the destruction of the Anglican doctrine and discipline. He therefore, as early as the month of April 1686, determined to create a new Court of High Commission. This design was not immediately executed. It encountered the opposition of every minister who was not devoted to France and to the Jesuits. It was regarded by lawyers as an outrageous violation of the law, and by Churchmen as a direct attack upon the Church. Perhaps the contest might have lasted longer, but for an event which wounded the pride and inflamed the rage of the King. He had, as supreme ordinary, put forth directions, charging the clergy of the establishment to abstain from touching in their discourses on controverted points of doctrine. Thus, while sermons in defence of the Roman Catholic religion were preached on every Sunday and holiday within the precincts of the royal palaces, the Church of the state, the Church of the great majority of the nation, was forbidden to explain and vindicate her own principles. The spirit of the whole clerical order rose against this injustice. William Sherlock, a divine of distinguished abilities, who had written with sharpness against Whigs and Dissenters, and had been rewarded by the government with the Mastership of the Temple and with a pension, was one of the first who incurred the royal displeasure. His pension was stopped, and he was severely reprimanded.95 John Sharp, Dean of Norwich and Rector of St. Giles’s in the Fields, soon gave still greater offence. He was a man of learning and fervent piety, a preacher of great fame, and an exemplary parish priest. In politics he was, like most of his brethren, a Tory, and had just been appointed one of the royal chaplains. He received an anonymous letter which purported to come from one of his parishioners who had been staggered by the arguments of Roman Catholic theologians, and who was anxious to be satisfied that the Church of England was a branch of the true Church of Christ. No divine, not utterly lost to all sense of religious duty and of professional honour, could refuse to answer such a call. On the following Sunday Sharp delivered an animated discourse against the high pretensions of the see of Rome. Some of his expressions were exaggerated, distorted, and carried by talebearers to Whitehall. It was falsely said that he had spoken with contumely of the theological disquisitions which had been found in the strong box of the late King, and which the present King had published. Compton, the Bishop of London, received orders from Sunderland to suspend Sharp till the royal pleasure should be further known. The Bishop was in great perplexity. His recent conduct in the House of Lords had given deep offence to the court. Already his name had been struck out of the list of Privy Councillors. Already he had been dismissed from his office in the royal chapel. He was unwilling to give fresh provocation but the act which he was directed to perform was a judicial act. He felt that it was unjust, and he was assured by the best advisers that it was also illegal, to inflict punishment without giving any opportunity for defence. He accordingly, in the humblest terms, represented his difficulties to the King, and privately requested Sharp not to appear in the pulpit for the present. Reasonable as were Compton’s scruples, obsequious as were his apologies, James was greatly incensed. What insolence to plead either natural justice or positive law in opposition to an express command of the Sovereign Sharp was forgotten. The Bishop became a mark for the whole vengeance of the government.96 The King felt more painfully than ever the want of that tremendous engine which had once coerced refractory ecclesiastics. He probably knew that, for a few angry words uttered against his father’s government, Bishop Williams had been suspended by the High Commission from all ecclesiastical dignities and functions. The design of reviving that formidable tribunal was pushed on more eagerly than ever. In July London was alarmed by the news that the King had, in direct defiance of two acts of Parliament drawn in the strongest terms, entrusted the whole government of the Church to seven Commissioners.97 The words in which the jurisdiction of these officers was described were loose, and might be stretched to almost any extent. All colleges and grammar schools, even those founded by the liberality of private benefactors, were placed under the authority of the new board. All who depended for bread on situations in the Church or in academical institutions, from the Primate down to the youngest curate, from the Vicechancellors of Oxford and Cambridge down to the humblest pedagogue who taught Corderius, were at the royal mercy. If any one of those many thousands was suspected of doing or saying anything distasteful to the government, the Commissioners might cite him before them. In their mode of dealing with him they were fettered by no rules. They were themselves at once prosecutors and judges. The accused party was furnished with no copy of the charge. He was examined and crossexamined. If his answers did not give satisfaction, he was liable to be suspended from his office, to be ejected from it, to be pronounced incapable of holding any preferment in future. If he were contumacious, he might be excommunicated, or, in other words, be deprived of all civil rights and imprisoned for life. He might also, at the discretion of the court, be loaded with all the costs of the proceeding by which he had been reduced to beggary. No appeal was given. The Commissioners were directed to execute their office notwithstanding any law which might be, or might seem to be, inconsistent with these regulations. Lastly, lest any person should doubt that it was intended to revive that terrible court from which the Long Parliament had freed the nation, the new tribunal was directed to use a seal bearing exactly the same device and the same superscription with the seal of the old High Commission.98
The chief Commissioner was the Chancellor. His presence and assent were necessary to every proceeding. All men knew how unjustly, insolently, and barbarously he had acted in courts where he had been, to a certain extent, restrained by the known laws of England. It was, therefore, not difficult to foresee how he would conduct himself in a situation in which he was at entire liberty to make forms of procedure and rules of evidence for himself.
Of the other six Commissioners three were prelates and three laymen. The name of Archbishop Sancroft stood first. But he was fully convinced that the court was illegal, that all its judgments would be null, and that by sitting in it he should incur a serious responsibility. He therefore determined not to comply with the royal mandate. He did not, however, act on this occasion with that courage and sincerity which he showed when driven to extremity two years later. He begged to be excused on the plea of business and ill health. The other members of the board, he added, were men of too much ability to need his assistance. These disingenuous apologies ill became the Primate of all England at such a crisis; nor did they avert the royal displeasure. Sancroft’s name was not indeed struck out of the list of Privy Councillors: but, to the bitter mortification of the friends of the Church, he was no longer summoned on Council days. “If,” said the King, “he is too sick or too busy to go to the Commission, it is a kindness to relieve him from attendance at Council.”99
The government found no similar difficulty with Nathaniel Crewe, Bishop of the great and opulent see of Durham, a man nobly born, and raised so high in his profession that he could scarcely wish to rise higher, but mean, vain, and cowardly. He had been made Dean of the Chapel Royal when the Bishop of London was banished from the palace. The honour of being an Ecclesiastical Commissioner turned Crewe’s head. It was to no purpose that some of his friends represented to him the risk which he ran by sitting in an illegal tribunal. He was not ashamed to answer that he could not live out of the royal smile, and exultingly expressed his hope that his name would appear in history, a hope which has not been altogether disappointed.100
Thomas Sprat, Bishop of Rochester, was the third clerical Commissioner. He was a man to whose talents posterity has scarcely done justice. Unhappily for his fame, it has been usual to print his verses in collections of the British poets; and those who judge of him by his verses must consider him as a servile imitator, who, without one spark of Cowley’s admirable genius, mimicked whatever was least commendable in Cowley’s manner: but those who are acquainted with Sprat’s prose writings will form a very different estimate of his powers. He was indeed a great master of our language, and possessed at once the eloquence of the orator, of the controversialist, and of the historian. His moral character might have passed with little censure had he belonged to a less sacred profession; for the worst that can be said of him is that he was indolent, luxurious, and worldly: but such failings, though not commonly regarded as very heinous in men of secular callings, are scandalous in a prelate. The Archbishopric of York was vacant; Sprat hoped to obtain it, and therefore accepted a seat at the ecclesiastical board: but he was too goodnatured a man to behave harshly; and he was too sensible a man not to know that he might at some future time be called to a serious account by a Parliament. He therefore, though he consented to act, tried to do as little mischief, and to make as few enemies, as possible.101
The three remaining Commissioners were the Lord Treasurer, the Lord President, and the Chief Justice of the King’s Bench. Rochester, disapproving and murmuring, consented to serve. Much as he had to endure at the court, he could not bear to quit it. Much as he loved the Church, he could not bring himself to sacrifice for her sake his white staff, his patronage, his salary of eight thousand pounds a year, and the far larger indirect emoluments of his office. He excused his conduct to others, and perhaps to himself, by pleading that, as a Commissioner, he might be able to prevent much evil, and that, if he refused to act, some person less attached to the Protestant religion would be found to replace him. Sunderland was the representative of the Jesuitical cabal. Herbert’s recent decision on the question of the dispensing power seemed to prove that he would not flinch from any service which the King might require.
As soon as the Commission had been opened, the Bishop of London was cited before the new tribunal. He appeared. “I demand of you,” said Jeffreys, “a direct and positive answer. Why did not you suspend Dr. Sharp?”
The Bishop requested a copy of the Commission in order that he might know by what authority he was thus interrogated. “If you mean,” said Jeffreys, “to dispute our authority, I shall take another course with you. As to the Commission, I do not doubt that you have seen it. At all events you may see it in any coffeehouse for a penny.” The insolence of the Chancellor’s reply appears to have shocked the other Commissioners, and he was forced to make some awkward apologies. He then returned to the point from which he had started. “This,” he said, “is not a court in which written charges are exhibited. Our proceedings are summary, and by word of mouth. The question is a plain one. Why did you not obey the King?” With some difficulty Compton obtained a brief delay, and the assistance of counsel. When the case had been heard, it was evident to all men that the Bishop had done only what he was bound to do. The Treasurer, the Chief Justice, and Sprat were for acquittal. The King’s wrath was moved. It seemed that his Ecclesiastical Commission would fail him as his Tory Parliament had failed him. He offered Rochester a simple choice, to pronounce the Bishop guilty, or to quit the Treasury. Rochester was base enough to yield. Compton was suspended from all spiritual functions; and the charge of his great diocese was committed to his judges, Sprat and Crewe. He continued, however, to reside in his palace and to receive his revenues; for it was known that, had any attempt been made to deprive him of his temporalities, he would have put himself under the protection of the common law; and Herbert himself declared that, at common law, judgment must be given against the crown. This consideration induced the King to pause. Only a few weeks had elapsed since he had packed the courts of Westminster Hall in order to obtain a decision in favour of his dispensing power. He now found that, unless he packed them again, he should not be able to obtain a decision in favour of the proceedings of his Ecclesiastical Commission. He determined, therefore, to postpone for a short time the confiscation of the freehold property of refractory clergymen.102
The temper of the nation was indeed such as might well make him hesitate. During some months discontent had been steadily and rapidly increasing. The celebration of the Roman Catholic worship had long been prohibited by Act of Parliament. During several generations no Roman Catholic clergyman had dared to exhibit himself in any public place with the badges of his office. Against the regular clergy, and against the restless and subtle Jesuits by name, had been enacted a succession of rigorous statutes. Every Jesuit who set foot in this country was liable to be hanged, drawn, and quartered. A reward was offered for his detection. He was not allowed to take advantage of the general rule, that men are not bound to accuse themselves. Whoever was suspected of being a Jesuit might be interrogated, and, if he refused to answer, might be sent to prison for life.103 These laws, though they had not, except when there was supposed to be some peculiar danger, been strictly executed, and though they had never prevented Jesuits from resorting to England, had made disguise necessary. But all disguise was now thrown off. Injudicious members of the King’s Church, encouraged by him, took a pride in defying statutes which were still of undoubted validity, and feelings which had a stronger hold of the national mind than at any former period. Roman Catholic chapels rose all over the country. Cowls, girdles of ropes, and strings of beads constantly appeared in the, streets, and astonished a population, the oldest of whom had never seen a conventual garb except on the stage. A convent rose at Clerkenwell on the site of the ancient cloister of Saint John. The Franciscans occupied a mansion in Lincoln’s Inn Fields. The Carmelites were quartered in the City. A society of Benedictine monks was lodged in Saint James’s Palace. In the Savoy a spacious house, including a church and a school, was built for the Jesuits.104 The skill and care with which those fathers had, during several generations, conducted the education of youth, had drawn forth reluctant praises from the wisest Protestants. Bacon had pronounced the mode of instruction followed in the Jesuit colleges to be the best yet known in the world, and had warmly expressed his regret that so admirable a system of intellectual and moral discipline should be subservient to the interests of a corrupt religion.105 It was not improbable that the new academy in the Savoy might, under royal patronage, prove a formidable rival to the great foundations of Eton, Westminster, and Winchester. Indeed, soon after the school was opened, the classes consisted of four hundred boys, about one half of whom were Protestants. The Protestant pupils were not required to attend mass: but there could be no doubt that the influence of able preceptors, devoted to the Roman Catholic Church, and versed in all the arts which win the confidence and affection of youth, would make many converts.
These things produced great excitement among the populace, which is always more moved by what impresses the senses than by what is addressed to the reason. Thousands of rude and ignorant men, to whom the dispensing power and the Ecclesiastical Commission were words without a meaning, saw with dismay and indignation a Jesuit college rising on the banks of the Thames, friars in hoods and gowns walking in the Strand, and crowds of devotees pressing in at the doors of temples where homage was paid to graven images. Riots broke out in several parts of the country. At Coventry and Worcester the Roman Catholic worship was violently interrupted.106 At Bristol the rabble, countenanced, it was said, by the magistrates, exhibited a profane and indecent pageant, in which the Virgin Mary was represented by a buffoon, and in which a mock host was carried in procession. The garrison was called out to disperse the mob. The mob, then and ever since one of the fiercest in the kingdom, resisted. Blows were exchanged, and serious hurts inflicted.107 The agitation was great in the capital, and greater in the City, properly so called, than at Westminster. For the people of Westminster had been accustomed to see among them the private chapels of Roman Catholic Ambassadors: but the City had not, within living memory, been polluted by any idolatrous exhibition. Now, however, the resident of the Elector Palatine, encouraged by the King, fitted up a chapel in Lime Street. The heads of the corporation, though men selected for office on account of their known Toryism, protested against this proceeding, which, as they said, the ablest gentlemen of the long robe regarded as illegal. The Lord Mayor was ordered to appear before the Privy Council. “Take heed what you do,” said the King. “Obey me; and do not trouble yourself either about gentlemen of the long robe or gentlemen of the short robe.” The Chancellor took up the word, and reprimanded the unfortunate magistrate with the genuine eloquence of the Old Bailey bar. The chapel was opened. All the neighbourhood was soon in commotion. Great crowds assembled in Cheapside to attack the new mass house. The priests were insulted. A crucifix was taken out of the building and set up on the parish pump. The Lord Mayor came to quell the tumult, but was received with cries of “No wooden gods.” The trainbands were ordered to disperse the crowd: but they shared in the popular feeling; and murmurs were heard from the ranks, “We cannot in conscience fight for Popery.”108
The Elector Palatine was, like James, a sincere and zealous Catholic, and was, like James, the ruler of a Protestant people; but the two princes resembled each other little in temper and understanding. The Elector had promised to respect the rights of the Church which he found established in his dominions. He had strictly kept his word, and had not suffered himself to be provoked to any violence by the indiscretion of preachers who, in their antipathy to his faith, occasionally forgot the respect which they owed to his person.109 He learned, with concern, that great offence had been given to the people of London by the injudicious act of his representative, and, much to his honour, declared that he would forego the privilege to which, as a sovereign prince, he was entitled, rather than endanger the peace of a great city. “I, too,” he wrote to James, “have Protestant subjects; and I know with how much caution and delicacy it is necessary that a Catholic prince so situated should act.” James, instead of expressing gratitude for this humane and considerate conduct, turned the letter into ridicule before the foreign ministers. It was determined that the Elector should have a chapel in the City whether he would or not, and that, if the trainbands refused to do their duty, their place should be supplied by the Guards.110
The effect of these disturbances on trade was serious. The Dutch minister informed the States General that the business of the Exchange was at a stand. The Commissioners of the Customs reported to the King that, during the month which followed the opening of Lime Street Chapel, the receipt in the port of the Thames had fallen off by some thousands of pounds.111 Several Aldermen, who, though zealous royalists appointed under the new charter, were deeply interested in the commercial prosperity of their city, and loved neither Popery nor martial law, tendered their resignations. But the King was resolved not to yield. He formed a camp on Hounslow Heath, and collected there, within a circumference of about two miles and a half, fourteen battalions of foot and thirty-two squadrons of horse, amounting to thirteen thousand fighting men. Twenty-six pieces of artillery, and many wains laden with arms and ammunition, were dragged from the Tower through the City to Hounslow.112 The Londoners saw this great force assembled in their neighbourhood with a terror which familiarity soon diminished. A visit to Hounslow became their favourite amusement on holidays. The camp presented the appearance of a vast fair. Mingled with the musketeers and dragoons, a multitude of fine gentlemen and ladies from Soho Square, sharpers and painted women from Whitefriars, invalids in sedans, monks in hoods and gowns, lacqueys in rich liveries, pedlars, orange girls, mischievous apprentices and gaping clowns, was constantly passing and repassing through the long lanes of tents. From some pavilions were heard the noises of drunken revelry, from others the curses of gamblers. In truth the place was merely a gay suburb of the capital. The King, as was amply proved two years later, had greatly miscalculated. He had forgotten that vicinity operates in more ways than one. He had hoped that his army would overawe London: but the result of his policy was that the feelings and opinions of London took complete possession of his army.113
Scarcely indeed had the encampment been formed when there were rumours of quarrels between the Protestant and Popish soldiers.114 A little tract, entitled A humble and hearty Address to all English Protestants in the Army, had been actively circulated through the ranks. The writer vehemently exhorted the troops to use their arms in defence, not of the mass book, but of the Bible, of the Great Charter, and of the Petition of Right. He was a man already under the frown of power. His character was remarkable, and his history not uninstructive.
His name was Samuel Johnson. He was a priest of the Church of England, and had been chaplain to Lord Russell. Johnson was one of those persons who are mortally hated by their opponents, and less loved than respected by their allies. His morals were pure, his religious feelings ardent, his learning and abilities not contemptible, his judgment weak, his temper acrimonious, turbulent, and unconquerably stubborn. His profession made him peculiarly odious to the zealous supporters of monarchy; for a republican in holy orders was a strange and almost an unnatural being. During the late reign Johnson had published a book entitled Julian the Apostate. The object of this work was to show that the Christians of the fourth century did not hold the doctrine of nonresistance. It was easy to produce passages from Chrysostom and Jerome written in a spirit very different from that of the Anglican divines who preached against the Exclusion Bill. Johnson, however, went further. He attempted to revive the odious imputation which had, for very obvious reasons, been thrown by Libanius on the Christian soldiers of Julian, and insinuated that the dart which slew the imperial renegade came, not from the enemy, but from some Rumbold or Ferguson in the Roman ranks. A hot controversy followed. Whig and Tory disputants wrangled fiercely about an obscure passage, in which Gregory of Nazianzus praises a pious Bishop who was going to bastinado somebody. The Whigs maintained that the holy man was going to bastinado the Emperor; the Tories that, at the worst, he was only going to bastinado a captain of the guard. Johnson prepared a reply to his assailants, in which he drew an elaborate parallel between Julian and James, then Duke of York, Julian had, during many years, pretended to abhor idolatry, while in heart an idolater. Julian had, to serve a turn, occasionally affected respect for the rights of conscience. Julian had punished cities which were zealous for the true religion, by taking away their municipal privileges. Julian had, by his flatterers, been called the Just. James was provoked beyond endurance. Johnson was prosecuted for a libel, convicted, and condemned to a fine which he had no means of paying. He was therefore kept in gaol; and it seemed likely that his confinement would end only with his life.115
Over the room which he occupied in the King’s Bench prison lodged another offender whose character well deserves to be studied. This was Hugh Speke, a young man of good family, but of a singularly base and depraved nature. His love of mischief and of dark and crooked ways amounted almost to madness. To cause confusion without being found out was his business and his pastime; and he had a rare skill in using honest enthusiasts as the instruments of his coldblooded malice. He had attempted, by means of one of his puppets, to fasten on Charles and James the crime of murdering Essex in the Tower. On this occasion the agency of Speke had been traced and, though he succeeded in throwing the greater part of the blame on his dupe, he had not escaped with impunity. He was now a prisoner; but his fortune enabled him to live with comfort; and he was under so little restraint that he was able to keep up regular communication with one of his confederates who managed a secret press.
Johnson was the very man for Speke’s purposes, zealous and intrepid, a scholar and a practised controversialist, yet as simple as a child. A close intimacy sprang up between the two fellow prisoners. Johnson wrote a succession of bitter and vehement treatises which Speke conveyed to the printer. When the camp was formed at Hounslow, Speke urged Johnson to compose an address which might excite the troops to mutiny. The paper was instantly drawn up. Many thousands of copies were struck off and brought to Speke’s room, whence they were distributed over the whole country, and especially among the soldiers. A milder government than that which then ruled England would have been moved to high resentment by such a provocation. Strict search was made. A subordinate agent who had been employed to circulate the address saved himself by giving up Johnson; and Johnson was not the man to save himself by giving up Speke. An information was filed, and a conviction obtained without difficulty. Julian Johnson, as he was popularly called, was sentenced to stand thrice in the pillory, and to be whipped from Newgate to Tyburn. The Judge, Sir Francis Withins, told the criminal to be thankful for the great lenity of the Attorney General, who might have treated the case as one of high treason. “I owe him no thanks,” answered Johnson, dauntlessly. “Am I, whose only crime is that I have defended the Church and the laws, to be grateful for being scourged like a dog, while Popish scribblers are suffered daily to insult the Church and to violate the laws with impunity?” The energy with which he spoke was such that both the Judges and the crown lawyers thought it necessary to vindicate themselves, and protested that they knew of no Popish publications such as those to which the prisoner alluded. He instantly drew from his pocket some Roman Catholic books and trinkets which were then freely exposed for sale under the royal patronage, read aloud the titles of the books, and threw a rosary across the table to the King’s counsel. “And now,” he cried with a loud voice, “I lay this information before God, before this court, and before the English people. We shall soon see whether Mr. Attorney will do his duty.”
It was resolved that, before the punishment was inflicted, Johnson should be degraded from the priesthood. The prelates who had been charged by the Ecclesiastical Commission with the care of the diocese of London cited him before them in the chapter house of Saint Paul’s Cathedral. The manner in which he went through the ceremony made a deep impression on many minds. When he was stripped of his sacred robe he exclaimed, “You are taking away my gown because I have tried to keep your gowns on your backs.” The only part of the formalities which seemed to distress him was the plucking of the Bible out of his hand. He made a faint struggle to retain the sacred book, kissed it, and burst into tears. “You cannot,” he said, “deprive me of the hopes which I owe to it.” Some attempts were made to obtain a remission of the flogging. A Roman Catholic priest offered to intercede in consideration of a bribe of two hundred pounds. The money was raised; and the priest did his best, but in vain.
“Mr. Johnson,” said the King, “has the spirit of a martyr; and it is fit that he should be one.” William the Third said, a few years later, of one of the most acrimonious and intrepid Jacobites, “He has set his heart on being a martyr, and I have set mine on disappointing him.” These two speeches would alone suffice to explain the widely different fates of the two princes.
The day appointed for the flogging came. A whip of nine lashes was used. Three hundred and seventeen stripes were inflicted; but the sufferer never winced. He afterwards said that the pain was cruel, but that, as he was dragged at the tail of the cart, he remembered how patiently the cross had been borne up Mount Calvary, and was so much supported by the thought that, but for the fear of incurring the suspicion of vain glory, he would have sung a psalm with as firm and cheerful a voice as if he had been worshipping God in the congregation. It is impossible not to wish that so much heroism had been less alloyed by intemperance and intolerance.116
Among the clergy of the Church of England Johnson found no sympathy. He had attempted to justify rebellion; he had even hinted approbation of regicide; and they still, in spite of much provocation, clung to the doctrine of nonresistance. But they saw with alarm and concern the progress of what they considered as a noxious superstition, and, while they abjured all thought of defending their religion by the sword, betook themselves manfully to weapons of a different kind. To preach against the errors of Popery was now regarded by them as a point of duty and a point of honour. The London clergy, who were then in abilities and influence decidedly at the head of their profession, set an example which was bravely followed by their ruder brethren all over the country. Had only a few bold men taken this freedom, they would probably have been at once cited before the Ecclesiastical Commission; but it was hardly possible to punish an offence which was committed every Sunday by thousands of divines, from Berwick to Penzance. The presses of the capital, of Oxford, and of Cambridge, never rested. The act which subjected literature to a censorship did not seriously impede the exertions of Protestant controversialists; for it contained a proviso in favour of the two Universities, and authorised the publication of theological works licensed by the Archbishop of Canterbury. It was therefore out of the power of the government to silence the defenders of the established religion. They were a numerous, an intrepid, and a well appointed band of combatants. Among them were eloquent declaimers, expert dialecticians, scholars deeply read in the writings of the fathers and in all parts of ecclesiastical history. Some of them, at a later period, turned against one another the formidable arms which they had wielded against the common enemy, and by their fierce contentions and insolent triumphs brought reproach on the Church which they had saved. But at present they formed an united phalanx. In the van appeared a rank of steady and skilful veterans, Tillotson, Stillingfleet, Sherlock, Prideaux, Whitby, Patrick, Tenison, Wake. The rear was brought up by the most distinguished bachelors of arts who were studying for deacon’s orders. Conspicuous amongst the recruits whom Cambridge sent to the field was a distinguished pupil of the great Newton, Henry Wharton, who had, a few months before, been senior wrangler of his year, and whose early death was soon after deplored by men of all parties as an irreparable loss to letters.117 Oxford was not less proud of a youth, whose great powers, first essayed in this conflict, afterwards troubled the Church and the State during forty eventful years, Francis Atterbury. By such men as these every question in issue between the Papists and the Protestants was debated, sometimes in a popular style which boys and women could comprehend, sometimes with the utmost subtlety of logic, and sometimes with an immense display of learning. The pretensions of the Holy See, the authority of tradition, purgatory, transubstantiation, the sacrifice of the mass, the adoration of the host, the denial of the cup to the laity, confession, penance, indulgences, extreme unction, the invocation of saints, the adoration of images, the celibacy of the clergy, the monastic vows, the practice of celebrating public worship in a tongue unknown to the multitude, the corruptions of the court of Rome, the history of the Reformation, the characters of the chief reformers, were copiously discussed. Great numbers of absurd legends about miracles wrought by saints and relics were translated from the Italian and published as specimens of the priestcraft by which the greater part of Christendom had been fooled. Of the tracts put forth on these subjects by Anglican divines during the short reign of James the Second many have probably perished. Those which may still be found in our great libraries make up a mass of near twenty thousand pages.118
The Roman Catholics did not yield the victory without a struggle. One of them, named Henry Hills, had been appointed printer to the royal household and chapel, and had been placed by the King at the head of a great office in London from which theological tracts came forth by hundreds. Obadiah Walker’s press was not less active at Oxford. But, with the exception of some bad translations of Bossuet’s admirable works, these establishments put forth nothing of the smallest value. It was indeed impossible for any intelligent and candid Roman Catholic to deny that the champions of his Church were, in every talent and acquirement, completely over-matched. The ablest of them would not, on the other side, have been considered as of the third rate. Many of them, even when they had something to say, knew not how to say it. They had been excluded by their religion from English schools and universities; nor had they ever, till the accession of James, found England an agreeable, or even a safe, residence. They had therefore passed the greater part of their lives on the Continent, and had almost unlearned their mother tongue. When they preached, their outlandish accent moved the derision of the audience. They spelt like washerwomen. Their diction was disfigured by foreign idioms; and, when they meant to be eloquent, they imitated, as well as they could, what was considered as fine writing in those Italian academies where rhetoric had then reached the last stage of corruption. Disputants labouring under these disadvantages would scarcely, even with truth on their side, have been able to make head against men whose style is eminently distinguished by simple purity and grace.119
The situation of England in the year 1686 cannot be better described than in the words of the French Ambassador. “The discontent,” he wrote, “is great and general: but the fear of incurring still worse evils restrains all who have anything to lose. The King openly expresses his joy at finding himself in a situation to strike bold strokes. He likes to be complimented on this subject. He has talked to me about it, and has assured me that he will not flinch.”120
Meanwhile in other parts of the empire events of grave importance had taken place. The situation of the episcopalian Protestants of Scotland differed widely from that in which their English brethren stood. In the south of the island the religion of the state was the religion of the people, and had a strength altogether independent of the strength derived from the support of the government. The sincere conformists were far more numerous than the Papists and the Protestant Dissenters taken together. The Established Church of Scotland was the Church of a small minority. The majority of the lowland population was firmly attached to the Presbyterian discipline. Prelacy was abhorred by the great body of Scottish Protestants, both as an unscriptural and as a foreign institution. It was regarded by the disciples of Knox as a relic of the abominations of Babylon the Great. It painfully reminded a people proud of the memory of Wallace and Bruce that Scotland, since her sovereigns had succeeded to a fairer inheritance, had been independent in name only. The episcopal polity was also closely associated in the public mind with all the evils produced by twenty-five years of corrupt and cruel maladministration. Nevertheless this polity stood, though on a narrow basis and amidst fearful storms, tottering indeed, yet upheld by the civil magistrate, and leaning for support, whenever danger became serious, on the power of England. The records of the Scottish Parliament were thick set with laws denouncing vengeance on those who in any direction strayed from the prescribed pale. By an Act passed in the time of Knox, and breathing his spirit, it was a high crime to hear mass, and the third offence was capital.121 An Act recently passed, at the instance of James, made it death to preach in any Presbyterian conventicle whatever, and even to attend such a conventicle in the open air.122 The Eucharist was not, as in England, degraded into a civil test; but no person could hold any office, could sit in Parliament, or could even vote for a member of Parliament, without subscribing, under the sanction of an oath, a declaration which condemned in the strongest terms the principles both of the Papists and of the Covenanters.123
In the Privy Council of Scotland there were two parties corresponding to the two parties which were contending against each other at Whitehall. William Douglas, Duke of Queensberry, was Lord Treasurer, and had, during some years, been considered as first minister. He was nearly connected by affinity, by similarity of opinions, and by similarity of temper, with the Treasurer of England. Both were Tories: both were men of hot temper and strong prejudices; both were ready to support their master in any attack on the civil liberties of his people; but both were sincerely attached to the Established Church. Queensberry had early notified to the court that, if any innovation affecting that Church were contemplated, to such innovation he could be no party. But among his colleagues were several men not less unprincipled than Sunderland. In truth the Council chamber at Edinburgh had been, during a quarter of a century, a seminary of all public and private vices; and some of the politicians whose character had been formed there had a peculiar hardness of heart and forehead to which Westminster, even in that bad age, could hardly show anything quite equal. The Chancellor, James Drummond, Earl of Perth, and his brother, the Secretary of State, John Lord Melfort, were bent on supplanting Queensberry. The Chancellor had already an unquestionable title to the royal favour. He had brought into use a little steel thumbscrew which gave such exquisite torment that it had wrung confessions even out of men on whom His Majesty’s favourite boot had been tried in vain.124 But it was well known that even barbarity was not so sure a way to the heart of James as apostasy. To apostasy, therefore, Perth and Melfort resorted with a certain audacious baseness which no English statesman could hope to emulate. They declared that the papers found in the strong box of Charles the Second had converted them both to the true faith; and they began to confess and to hear mass.125 How little conscience had to do with Perth’s change of religion he amply proved by taking to wife, a few weeks later, in direct defiance of the laws of the Church which he had just joined, a lady who was his cousin german, without waiting for a dispensation. When the good Pope learned this, he said, with scorn and indignation which well became him, that this was a strange sort of conversion.126 But James was more easily satisfied. The apostates presented themselves at Whitehall, and there received such assurances of his favour, that they ventured to bring direct charges against the Treasurer. Those charges, however, were so evidently frivolous that James was forced to acquit the accused minister; and many thought that the Chancellor had ruined himself by his malignant eagerness to ruin his rival. There were a few, however, who judged more correctly. Halifax, to whom Perth expressed some apprehensions, answered with a sneer that there was no danger. “Be of good cheer, my Lord; thy faith hath made thee whole.” The prediction was correct. Perth and Melfort went back to Edinburgh, the real heads of the government of their country.127 Another member of the Scottish Privy Council, Alexander Stuart, Earl of Murray, the descendant and heir of the Regent, abjured the religion of which his illustrious ancestor had been the foremost champion, and declared himself a member of the Church of Rome. Devoted as Queensberry had always been to the cause of prerogative, he could not stand his ground against competitors who were willing to pay such a price for the favour of the court. He had to endure a succession of mortifications and humiliations similar to those which, about the same time, began to embitter the life of his friend Rochester. Royal letters came down authorising Papists to hold offices without taking the test. The clergy were strictly charged not to reflect on the Roman Catholic religion in their discourses. The Chancellor took on himself to send the macers of the Privy Council round to the few printers and booksellers who could then be found in Edinburgh, charging them not to publish any work without his license. It was well understood that this order was intended to prevent the circulation of Protestant treatises. One honest stationer told the messengers that he had in his shop a book which reflected in very coarse terms on Popery, and begged to know whether he might sell it. They asked to see it; and he showed them a copy of the Bible.128 A cargo of images, beads, crosses and censers arrived at Leith directed to Lord Perth. The importation of such articles had long been considered as illegal; but now the officers of the customs allowed the superstitious garments and trinkets to pass.129 In a short time it was known that a Popish chapel had been fitted up in the Chancellor’s house, and that mass was regularly said there. The mob rose. The mansion where the idolatrous rites were celebrated was fiercely attacked. The iron bars which protected the windows were wrenched off. Lady Perth and some of her female friends were pelted with mud. One rioter was seized, and ordered by the Privy Council to be whipped. His fellows rescued him and beat the hangman. The city was all night in confusion. The students of the University mingled with the crowd and animated the tumult. Zealous burghers drank the health of the college lads and confusion to Papists, and encouraged each other to face the troops. The troops were already under arms. They were received with a shower of stones, which wounded an officer. Orders were given to fire; and several citizens were killed. The disturbance was serious; but the Drummonds, inflamed by resentment and ambition, exaggerated it strangely. Queensberry observed that their reports would lead any person, who had not been a witness of the tumult, to believe that a sedition as formidable as that of Masaniello had been raging at Edinburgh. They in return accused the Treasurer, not only of extenuating the crime of the insurgents, but of having himself prompted it, and did all in their power to obtain evidence of his guilt. One of the ringleaders, who had been taken, was offered a pardon if he would own that Queensberry had set him on; but the same religious enthusiasm, which had impelled the unhappy prisoner to criminal violence, prevented him from purchasing his life by a calumny. He and several of his accomplices were hanged. A soldier, who was accused of exclaiming, during the affray, that he should like to run his sword through a Papist, was shot; and Edinburgh was again quiet: but the sufferers were regarded as martyrs; and the Popish Chancellor became an object of mortal hatred, which in no long time was largely gratified.130
The King was much incensed. The news of the tumult reached him when the Queen, assisted by the Jesuits, had just triumphed over Lady Dorchester and her Protestant allies. The malecontents should find, he declared, that the only effect of the resistance offered to his will was to make him more and more resolute.131 He sent orders to the Scottish Council to punish the guilty with the utmost severity, and to make unsparing use of the boot.132 He pretended to be fully convinced of the Treasurer’s innocence, and wrote to that minister in gracious words; but the gracious words were accompanied by ungracious acts. The Scottish Treasury was put into commission in spite of the earnest remonstrances of Rochester, who probably saw his own fate prefigured in that of his kinsman.133 Queensberry was, indeed, named First Commissioner, and was made President of the Privy Council: but his fall, though thus broken, was still a fall. He was also removed from the government of the castle of Edinburgh, and was succeeded in that confidential post by the Duke of Gordon, a Roman Catholic.134
And now a letter arrived from London, fully explaining to the Scottish Privy Council the intentions of the King. What he wanted was that the Roman Catholics should be exempted from all laws imposing penalties and disabilities on account of nonconformity, but that the persecution of the Covenanters should go on without mitigation.135 This scheme encountered strenuous opposition in the Council. Some members were unwilling to see the existing laws relaxed. Others, who were by no means averse to some relaxation, yet felt that it would he monstrous to admit Roman Catholics to the highest honours of the state, and yet to leave unrepealed the Act which made it death to attend a Presbyterian conventicle. The answer of the board was, therefore, less obsequious than usual. The King in reply sharply reprimanded his undutiful Councillors, and ordered three of them, the Duke of Hamilton, Sir George Lockhart, and General Drummond, to attend him at Westminster. Hamilton’s abilities and knowledge, though by no means such as would have sufficed to raise an obscure man to eminence, appeared highly respectable in one who was premier peer of Scotland. Lockhart had long been regarded as one of the first jurists, logicians, and orators that his country had produced, and enjoyed also that sort of consideration which is derived from large possessions; for his estate was such as at that time very few Scottish nobles possessed.136 He had been lately appointed President of the Court of Session. Drummond, a younger brother of Perth and Melfort, was commander of the forces in Scotland. He was a loose and profane man: but a sense of honour which his two kinsmen wanted restrained him from a public apostasy. He lived and died, in the significant phrase of one of his countrymen, a bad Christian, but a good Protestant.137
James was pleased by the dutiful language which the three Councillors used when first they appeared before him. He spoke highly of them to Barillon, and particularly extolled Lockhart as the ablest and most eloquent Scotchman living. They soon proved, however, less tractable than had been expected; and it was rumoured at court that they had been perverted by the company which they had kept in London. Hamilton lived much with zealous churchmen; and it might be feared that Lockhart, who was related to the Wharton family, had fallen into still worse society. In truth it was natural that statesmen fresh from a country where opposition in any other form than that of insurrection and assassination had long been almost unknown, and where all that was not lawless fury was abject submission, should have been struck by the earnest and stubborn, yet sober, discontent which pervaded England, and should have been emboldened to try the experiment of constitutional resistance to the royal will. They indeed declared themselves willing to grant large relief to the Roman Catholics; but on two conditions; first, that similar indulgence should be extended to the Calvinistic sectaries; and, secondly, that the King should bind himself by a solemn promise not to attempt anything to the prejudice of the Protestant religion.
Both conditions were highly distasteful to James. He reluctantly agreed, however, after a dispute which lasted several days, that some indulgence should be granted to the Presbyterians but he would by no means consent to allow them the full liberty which he demanded for members of his own communion.138 To the second condition proposed by the three Scottish Councillors he positively refused to listen. The Protestant religion, he said, was false and he would not give any guarantee that he would not use his power to the prejudice of a false religion. The altercation was long, and was not brought to a conclusion satisfactory to either party.139
The time fixed for the meeting of the Scottish Estates drew near; and it was necessary that the three Councillors should leave London to attend their parliamentary duty at Edinburgh. On this occasion another affront was offered to Queensberry. In the late session he had held the office of Lord High Commissioner, and had in that capacity represented the majesty of the absent King. This dignity, the greatest to which a Scottish noble could aspire, was now transferred to the renegade Murray.
On the twenty-ninth of April the Parliament met at Edinburgh. A letter from the King was read. He exhorted the Estates to give relief to his Roman Catholic subjects, and offered in return a free trade with England and an amnesty for political offences. A committee was appointed to draw up an answer. That committee, though named by Murray, and composed of Privy Councillors and courtiers, framed a reply, full indeed of dutiful and respectful expressions, yet clearly indicating a determination to refuse what the King demanded. The Estates, it was said, would go as far as their consciences would allow to meet His Majesty’s wishes respecting his subjects of the Roman Catholic religion. These expressions were far from satisfying the Chancellor; yet, such as they were, he was forced to content himself with them, and even had some difficulty in persuading the Parliament to adopt them. Objection was taken by some zealous Protestants to the mention made of the Roman Catholic religion. There was no such religion. There was an idolatrous apostasy, which the laws punished with the halter, and to which it did not become Christian men to give flattering titles. To call such a superstition Catholic was to give up the whole question which was at issue between Rome and the reformed Churches. The offer of a free trade with England was treated as an insult. “Our fathers,” said one orator, “sold their King for southern gold; and we still lie under the reproach of that foul bargain. Let it not be said of us that we have sold our God!” Sir John Lauder of Fountainhall, one of the Senators of the College of Justice, suggested the words, “the persons commonly called Roman Catholics.” “Would you nickname His Majesty?” exclaimed the Chancellor. The answer drawn by the committee was carried; but a large and respectable minority voted against the proposed words as too courtly.140 It was remarked that the representatives of the towns were, almost to a man, against the government. Hitherto those members had been of small account in the Parliament, and had generally, been considered as the retainers of powerful noblemen. They now showed, for the first time, an independence, a resolution, and a spirit of combination which alarmed the court.141
The answer was so unpleasing to James that he did not suffer it to be printed in the Gazette. Soon he learned that a law, such as he wished to see passed, would not even be brought in. The Lords of Articles, whose business was to draw up the acts on which the Estates were afterwards to deliberate, were virtually nominated by himself. Yet even the Lords of Articles proved refractory. When they met, the three Privy Councillors who had lately returned from London took the lead in opposition to the royal will. Hamilton declared plainly that he could not do what was asked. He was a faithful and loyal subject; but there was a limit imposed by conscience. “Conscience!” said the Chancellor: “conscience is a vague word, which signifies any thing or nothing.” Lockhart, who sate in Parliament as representative of the great county of Lanark, struck in. “If conscience,” he said, “be a word without meaning, we will change it for another phrase which, I hope, means something. For conscience let us put the fundamental laws of Scotland.” These words raised a fierce debate. General Drummond, who represented Perthshire, declared that he agreed with Hamilton and Lockhart. Most of the Bishops present took the same side.142
It was plain that, even in the Committee of Articles, James could not command a majority. He was mortified and irritated by the tidings. He held warm and menacing language, and punished some of his mutinous servants, in the hope that the rest would take warning. Several persons were dismissed from the Council board. Several were deprived of pensions, which formed an important part of their income. Sir George Mackenzie of Rosehaugh was the most distinguished victim. He had long held the office of Lord Advocate, and had taken such a part in the persecution of the Covenanters that to this day he holds, in the estimation of the austere and godly peasantry of Scotland, a place not far removed from the unenviable eminence occupied by Claverhouse. The legal attainments of Mackenzie were not of the highest order: but, as a scholar, a wit, and an orator, he stood high in the opinion of his countrymen; and his renown had spread even to the coffeehouses of London and the cloisters of Oxford. The remains of his forensic speeches prove him to have been a man of parts, but are somewhat disfigured by what he doubtless considered as Ciceronian graces, interjections which show more art than passion, and elaborate amplifications, in which epithet rises above epithet in wearisome climax. He had now, for the first time, been found scrupulous. He was, therefore, in spite of all his claims on the gratitude of the government, deprived of his office. He retired into the country, and soon after went up to London for the purpose of clearing himself, but was refused admission to the royal presence.143 While the King was thus trying to terrify the Lords of Articles into submission, the popular voice encouraged them to persist. The utmost exertions of the Chancellor could not prevent the national sentiment from expressing itself through the pulpit and the press. One tract, written with such boldness and acrimony that no printer dared to put it in type, was widely circulated in manuscript. The papers which appeared on the other side of the question had much less effect, though they were disseminated at the public charge, and though the Scottish defenders of the government were assisted by an English auxiliary of great note, Lestrange, who had been sent down to Edinburgh, and had apartments in Holyrood House.144
At length, after three weeks of debate, the Lords of Articles came to a decision. They proposed merely that Roman Catholics should be permitted to worship God in private houses without incurring any penalty; and it soon appeared that, far as this measure was from coming up to the King’s demands and expectations, the Estates either would not pass it at all, or would pass it with great restrictions and modifications.
While the contest lasted the anxiety in London was intense. Every report, every line, from Edinburgh was eagerly devoured. One day the story ran that Hamilton had given way and that the government would carry every point. Then came intelligence that the opposition had rallied and was more obstinate than ever. At the most critical moment orders were sent to the post-office that the bags from Scotland should be transmitted to Whitehall. During a whole week not a single private letter from beyond the Tweed was delivered in London. In our age such an interruption of communication would throw the whole island into confusion: but there was then so little trade and correspondence between England and Scotland that the inconvenience was probably much smaller than has been often occasioned in our own time by a short delay in the arrival of the Indian mail. While the ordinary channels of information were thus closed, the crowd in the galleries of Whitehall observed with attention the countenances of the King and his ministers. It was noticed, with great satisfaction, that, after every express from the North, the enemies of the Protestant religion looked more and more gloomy. At length, to the general joy, it was announced that the struggle was over, that the government had been unable to carry its measures, and that the Lord High Commissioner had adjourned the Parliament.145
If James had not been proof to all warning, these events would have sufficed to warn him. A few months before this time the most obsequious of English Parliaments had refused to submit to his pleasure. But the most obsequious of English Parliaments might be regarded as an independent and high spirited assembly when compared with any Parliament that had ever sate in Scotland; and the servile spirit of Scottish Parliaments was always to be found in the highest perfection, extracted and condensed, among the Lords of Articles. Yet even the Lords of Articles had been refractory. It was plain that all those classes, all those institutions, which, up to this year, had been considered as the strongest supports of monarchical power, must, if the King persisted in his insane policy, be reckoned as parts of the strength of the opposition. All these signs, however, were lost upon him. To every expostulation he had one answer: he would never give way; for concession had ruined his father; and his unconquerable firmness was loudly applauded by the French embassy and by the Jesuitical cabal.
He now proclaimed that he had been only too gracious when he had condescended to ask the assent of the Scottish Estates to his wishes. His prerogative would enable him not only to protect those whom he favoured, but to punish those who had crossed him. He was confident that, in Scotland, his dispensing power would not be questioned by any court of law. There was a Scottish Act of Supremacy which gave to the sovereign such a control over the Church as might have satisfied Henry the Eighth. Accordingly Papists were admitted in crowds to offices and honours. The Bishop of Dunkeld, who, as a Lord of Parliament, had opposed the government, was arbitrarily ejected from his see, and a successor was appointed. Queensberry was stripped of all his employments, and was ordered to remain at Edinburgh till the accounts of the Treasury during his administration had been examined and approved.146 As the representatives of the towns had been found the most unmanageable part of the Parliament, it was determined to make a revolution in every burgh throughout the kingdom. A similar change had recently been effected in England by judicial sentences: but in Scotland a simple mandate of the prince was thought sufficient. All elections of magistrates and of town councils were prohibited; and the King assumed to himself the right of filling up the chief municipal offices.147 In a formal letter to the Privy Council he announced his intention to fit up a Roman Catholic chapel in his palace of Holyrood; and he gave orders that the Judges should be directed to treat all the laws against Papists as null, on pain of his high displeasure. He however comforted the Protestant Episcopalians by assuring them that, though he was determined to protect the Roman Catholic Church against them, he was equally determined to protect them against any encroachment on the part of the fanatics. To this communication Perth proposed an answer couched in the most servile terms. The Council now contained many Papists; the Protestant members who still had seats had been cowed by the King’s obstinacy and severity; and only a few faint murmurs were heard. Hamilton threw out against the dispensing power some hints which he made haste to explain away. Lockhart said that he would lose his head rather than sign such a letter as the Chancellor had drawn, but took care to say this in a whisper which was heard only by friends. Perth’s words were adopted with inconsiderable modifications; and the royal commands were obeyed; but a sullen discontent spread through that minority of the Scottish nation by the aid of which the government had hitherto held the majority down.148
When the historian of this troubled reign turns to Ireland, his task becomes peculiarly difficult and delicate. His steps,–to borrow the fine image used on a similar occasion by a Roman poet,–are on the thin crust of ashes, beneath which the lava is still glowing. The seventeenth century has, in that unhappy country, left to the nineteenth a fatal heritage of malignant passions. No amnesty for the mutual wrongs inflicted by the Saxon defenders of Londonderry, and by the Celtic defenders of Limerick, has ever been granted from the heart by either race. To this day a more than Spartan haughtiness alloys the many noble qualities which characterize the children of the victors, while a Helot feeling, compounded of awe and hatred, is but too often discernible in the children of the vanquished. Neither of the hostile castes can justly be absolved from blame; but the chief blame is due to that shortsighted and headstrong prince who, placed in a situation in which he might have reconciled them, employed all his power to inflame their animosity, and at length forced them to close in a grapple for life and death.
The grievances under which the members of his Church laboured in Ireland differed widely from those which he was attempting to remove in England and Scotland. The Irish Statute Book, afterwards polluted by intolerance as barbarous as that of the dark ages, then contained scarce a single enactment, and not a single stringent enactment, imposing any penalty on Papists as such. On our side of Saint George’s Channel every priest who received a neophyte into the bosom of the Church of Rome was liable to be hanged, drawn, and quartered. On the other side he incurred no such danger. A Jesuit who landed at Dover took his life in his hand; but he walked the streets of Dublin in security. Here no man could hold office, or even earn his livelihood as a barrister or a schoolmaster, without previously taking the oath of supremacy, but in Ireland a public functionary was not held to be under the
necessity of taking that oath unless it were formally tendered to him.149 It therefore did not exclude from employment any person whom the government wished to promote. The sacramental test and the declaration against transubstantiation were unknown nor was either House of Parliament closed against any religious sect.
It might seem, therefore, that the Irish Roman Catholic was in a situation which his English and Scottish brethren in the faith might well envy. In fact, however, his condition was more pitiable and irritating than theirs. For, though not persecuted as a Roman Catholic, he was oppressed as an Irishman. In his country the same line of demarcation which separated religions separated races; and he was of the conquered, the subjugated, the degraded race. On the same soil dwelt two populations, locally intermixed, morally and politically sundered. The difference of religion was by no means the only difference, and was perhaps not even the chief difference, which existed between them. They sprang from different stocks. They spoke different languages. They had different national characters as strongly opposed as any two national characters in Europe. They were in widely different stages of civilisation. Between two such populations there could be little sympathy; and centuries of calamities and wrongs had generated a strong antipathy. The relation in which the minority stood to the majority resembled the relation in which the followers of William the Conqueror stood to the Saxon churls, or the relation in which the followers of Cortes stood to the Indians of Mexico.
The appellation of Irish was then given exclusively to the Celts and to those families which, though not of Celtic origin, had in the course of ages degenerated into Celtic manners. These people, probably somewhat under a million in number, had, with few exceptions, adhered to the Church of Rome. Among them resided about two hundred thousand colonists, proud of their Saxon blood and of their Protestant faith.150
The great preponderance of numbers on one side was more than compensated by a great superiority of intelligence, vigour, and organization on the other. The English settlers seem to have been, in knowledge, energy, and perseverance, rather above than below the average level of the population of the mother country. The aboriginal peasantry, on the contrary, were in an almost savage state. They never worked till they felt the sting of hunger. They were content with accommodation inferior to that which, in happier countries, was provided for domestic cattle. Already the potato, a root which can be cultivated with scarcely any art, industry, or capital, and which cannot be long stored, had become the food of the common people.151 From a people so fed diligence and forethought were not to be expected. Even within a few miles of Dublin, the traveller, on a soil the richest and most verdant in the world, saw with disgust the miserable burrows out of which squalid and half naked barbarians stared wildly at him as he passed.152
The aboriginal aristocracy retained in no common measure the pride of birth, but had lost the influence which is derived from wealth and power. Their lands had been divided by Cromwell among his followers. A portion, indeed, of the vast territory which he had confiscated had, after the restoration of the House of Stuart, been given back to the ancient proprietors. But much the greater part was still held by English emigrants under the guarantee of an Act of Parliament. This act had been in force a quarter of a century; and under it mortgages, settlements, sales, and leases without number had been made. The old Irish gentry were scattered over the whole world. Descendants of Milesian chieftains swarmed in all the courts and camps of the Continent. Those despoiled proprietors who still remained in their native land, brooded gloomily over their losses, pined for the opulence and dignity of which they had been deprived, and cherished wild hopes of another revolution. A person of this class was described by his countrymen as a gentleman who would be rich if justice were done, as a gentleman who had a fine estate if he could only get it.153 He seldom betook himself to any peaceful calling. Trade, indeed, he thought a far more disgraceful resource than marauding. Sometimes he turned freebooter. Sometimes he contrived, in defiance of the law, to live by coshering, that is to say, by quartering himself on the old tenants of his family, who, wretched as was their own condition, could not refuse a portion of their pittance to one whom they still regarded as their rightful lord.154 The native gentleman who had been so fortunate as to keep or to regain some of his land too often lived like the petty prince of a savage tribe, and indemnified himself for the humiliations which the dominant race made him suffer by governing his vassals despotically, by keeping a rude haram, and by maddening or stupefying himself daily with strong drink.155 Politically he was insignificant. No statute, indeed, excluded him from the House of Commons: but he had almost as little chance of obtaining a seat there as a man of colour has of being chosen a Senator of the United States. In fact only one Papist had been returned to the Irish Parliament since the Restoration. The whole legislative and executive power was in the hands of the colonists; and the ascendency of the ruling caste was upheld by a standing army of seven thousand men, on whose zeal for what was called the English interest full reliance could be placed.156
On a close scrutiny it would have been found that neither the Irishry nor the Englishry formed a perfectly homogeneous body. The distinction between those Irish who were of Celtic blood, and those Irish who sprang from the followers of Strong-bow and De Burgh, was not altogether effaced. The Fitzes sometimes permitted themselves to speak with scorn of the Os and Macs; and the Os and Macs sometimes repaid that scorn with aversion. In the preceding generation one of the most powerful of the O’Neills refused to pay any mark of respect to a Roman Catholic gentleman of old Norman descent. “They say that the family has been here four hundred years. No matter. I hate the clown as if he had come yesterday.”157 It seems, however, that such feelings were rare, and that the feud which had long raged between the aboriginal Celts and the degenerate English had nearly given place to the fiercer feud which separated both races from the modern and Protestant colony.
The colony had its own internal disputes, both national and religious. The majority was English; but a large minority came from the south of Scotland. One half of the settlers belonged to the Established Church; the other half were Dissenters. But in Ireland Scot and Southron were strongly bound together by their common Saxon origin. Churchman and Presbyterian were strongly bound together by their common Protestantism. All the colonists had a common language and a common pecuniary interest. They were surrounded by common enemies, and could be safe only by means of common precautions and exertions. The few penal laws, therefore, which had been made in Ireland against Protestant Nonconformists, were a dead letter.158 The bigotry of the most sturdy churchman would not bear exportation across St. George’s Channel. As soon as the Cavalier arrived in Ireland, and found that, without the hearty and courageous assistance of his Puritan neighbours, he and all his family would run imminent risk of being murdered by Popish marauders, his hatred of Puritanism, in spite of himself, began to languish and die away. It was remarked by eminent men of both parties that a Protestant who, in Ireland, was called a high Tory would in England have been considered as a moderate Whig.159
The Protestant Nonconformists, on their side, endured, with more patience than could have been expected, the sight of the most absurd ecclesiastical establishment that the world has ever seen. Four Archbishops and eighteen Bishops were employed in looking after about a fifth part of the number of churchmen who inhabited the single diocese of London. Of the parochial clergy a large proportion were pluralists and resided at a distance from their cures. There were some who drew from their benefices incomes of little less than a thousand a year, without ever performing any spiritual function. Yet this monstrous institution was much less disliked by the Puritans settled in Ireland than the Church of England by the English sectaries. For in Ireland religious divisions were subordinate to national divisions; and the Presbyterian, while, as a theologian, he could not but condemn the established hierarchy, yet looked on that hierarchy with a sort of complacency when he considered it as a sumptuous and ostentatious trophy of the victory achieved by the great race from which he sprang.160
Thus the grievances of the Irish Roman Catholic had hardly anything in common with the grievances of the English Roman Catholic. The Roman Catholic of Lancashire or Staffordshire had only to turn Protestant; and he was at once, in all respects, on a level with his neighbours: but, if the Roman Catholics of Munster and Connaught had turned Protestants, they would still