Chapter VIII (2)

The King, greatly incensed and mortified by his defeat, quitted Oxford and rejoined the Queen at Bath. His obstinacy and violence had brought him into an embarrassing position. He had trusted too much to the effect of his frowns and angry tones, and had rashly staked, not merely the credit of his administration, but his personal dignity, on the issue of the contest. Could he yield to subjects whom he had menaced with raised voice and furious gestures? Yet could he venture to eject in one day a crowd of respectable clergymen from their homes, because they had discharged what the whole nation regarded as a sacred duty? Perhaps there might be an escape from this dilemma. Perhaps the college might still be terrified, caressed, or bribed into submission. The agency of Penn was employed. He had too much good feeling to approve of the violent and unjust proceedings of the government, and even ventured to express part of what he thought. James was, as usual, obstinate in the wrong. The courtly Quaker, therefore, did his best to seduce the college from the path of right. He first tried intimidation. Ruin, he said, impended over the society. The King was highly incensed. The case might be a hard one. Most people thought it so. But every child knew that His Majesty loved to have his own way and could not bear to be thwarted. Penn, therefore, exhorted the Fellows not to rely on the goodness of their cause, but to submit, or at least to temporise. Such counsel came strangely from one who had himself been expelled from the University for raising a riot about the surplice, who had run the risk of being disinherited rather than take off his hat to the princes of the blood, and who had been more than once sent to prison for haranguing in conventicles. He did not succeed in frightening the Magdalene men. In answer to his alarming hints he was reminded that in the last generation thirty-four out of the forty Fellows had cheerfully left their beloved cloisters and gardens, their hall and their chapel, and had gone forth not knowing where they should find a meal or a bed, rather than violate the oath of allegiance. The King now wished them to violate another oath. He should find that the old spirit was not extinct.

Then Penn tried a gentler tone. He had an interview with Hough and with some of the Fellows, and, after many professions of sympathy and friendship, began to hint at a compromise. The King could not bear to be crossed. The college must give way. Parker must be admitted. But he was in very bad health. All his preferments would soon be vacant. "Doctor Hough," said Penn, "may then be Bishop of Oxford. How should you like that, gentlemen?" Penn had passed his life in declaiming against a hireling ministry. He held that he was bound to refuse the payment of tithes, and this even when he had bought land chargeable with tithes, and hallowed the value of the tithes in the purchase money. According to his own principles, he would have committed a great sin if he had interfered for the purpose of obtaining a benefice on the most honourable terms for the most pious divine. Yet to such a degree had his manners been corrupted by evil communications, and his understanding obscured by inordinate zeal for a single object, that he did not scruple to become a broker in simony of a peculiarly discreditable kind, and to use a bishopric as a bait to tempt a divine to perjury. Hough replied with civil contempt that he wanted nothing from the crown but common justice. "We stand," he said, "on our statutes and our oaths: but, even setting aside our statutes and oaths, we feel that we have our religion to defend. The Papists have robbed us of University College. They have robbed us of Christ Church. The fight is now for Magdalene. They will soon have all the rest."

Penn was foolish enough to answer that he really believed that the Papists would now be content. "University," he said, "is a pleasant college. Christ Church is a noble place. Magdalene is a fine building. The situation is convenient. The walks by the river are delightful. If the Roman Catholics are reasonable they will be satisfied with these." This absurd avowal would alone have made it impossible for Hough and his brethren to yield. The negotiation was broken off; and the King hastened to make the disobedient know, as he had threatened, what it was to incur his displeasure.

A special commission was directed to Cartwright, Bishop of Chester, to Wright, Chief justice of the King's Bench, and to Sir Thomas Jenner, a Baron of the Exchequer, appointing them to exercise visitatorial jurisdiction over the college. On the twentieth of October they arrived at Oxford, escorted by three troops of cavalry with drawn swords. On the following morning the Commissioners took their seats in the hall of Magdalene. Cartwright pronounced a loyal oration which, a few years before, would have called forth the acclamations of an Oxonian audience, but which was now heard with sullen indignation. A long dispute followed. The President defended his rights with skill, temper, and resolution. He professed great respect for the royal authority. But he steadily maintained that he had by the laws of England a freehold interest in the house and revenues annexed to the presidency. Of that interest he could not be deprived by an arbitrary mandate of the Sovereign. "Will you submit", said the Bishop, "to our visitation?" "I submit to it," said Hough with great dexterity, "so far as it is consistent with the laws, and no farther." "Will you deliver up the key of your lodgings?" said Cartwright. Hough remained silent. The question was repeated; and Hough returned a mild but resolute refusal. The Commissioners pronounced him an intruder, and charged the Fellows no longer to recognise his authority, and to assist at the admission of the Bishop of Oxford. Charneck eagerly promised obedience; Smith returned an evasive answer: but the great body of the members of the college firmly declared that they still regarded Hough as their rightful head.

And now Hough himself craved permission to address a few words to the Commissioners. They consented with much civility, perhaps expecting from the calmness and suavity of his manner that he would make some concession. "My Lords," said he, "you have this day deprived me of my freehold: I hereby protest against all your proceedings as illegal, unjust, and null; and I appeal from you to our sovereign Lord the King in his courts of justice." A loud murmur of applause arose from the gownsmen who filled the hall. The Commissioners were furious. Search was made for the offenders, but in vain. Then the rage of the whole board was turned against Hough. "Do not think to huff us, sir," cried Jenner, punning on the President's name. "I will uphold His Majesty's authority," said Wright, "while I have breath in my body. All this comes of your popular protest. You have broken the peace. You shall answer it in the King's Bench. I bind you over in one thousand pounds to appear there next term. I will see whether the civil power cannot manage you. If that is not enough, you shall have the military too." In truth Oxford was in a state which made the Commissioners not a little uneasy. The soldiers were ordered to have their carbines loaded. It was said that an express was sent to London for the purpose of hastening the arrival of more troops. No disturbance however took place. The Bishop of Oxford was quietly installed by proxy: but only two members of Magdalene College attended the ceremony. Many signs showed that the spirit of resistance had spread to the common people. The porter of the college threw down his keys. The butler refused to scratch Hough's name out of the buttery book, and was instantly dismissed. No blacksmith could be found in the whole city who would force the lock of the President's lodgings. It was necessary for the Commissioners to employ their own servants, who broke open the door with iron bars. The sermons which on the following Sunday were preached in the University church were full of reflections such as stung Cartwright to the quick, though such as he could not discreetly resent.

And here, if James had not been infatuated, the matter might have stopped. The Fellows in general were not inclined to carry their resistance further. They were of opinion that, by refusing to assist in the admission of the intruder, they had sufficiently proved their respect for their statutes and oaths, and that, since he was now in actual possession, they might justifiably submit to him as their head, till he should be removed by sentence of a competent court. Only one Fellow, Doctor Fairfax, refused to yield even to this extent. The Commissioners would gladly have compromised the dispute on these terms; and during a few hours there was a truce which many thought likely to end in an amicable arrangement: but soon all was again in confusion. The Fellows found that the popular voice loudly accused them of pusillanimity. The townsmen already talked ironically of a Magdalene conscience, and exclaimed that the brave Hough and the honest Fairfax had been betrayed and abandoned. Still more annoying were the sneers of Obadiah Walker and his brother renegades. This then, said those apostates, was the end of all the big words in which the society had declared itself resolved to stand by its lawful President and by its Protestant faith. While the Fellows, bitterly annoyed by the public censure, were regretting the modified submission which they had consented to make, they learned that this submission was by no means satisfactory to the King. It was not enough, he said, that they offered to obey the Bishop of Oxford as President in fact. They must distinctly admit the Commission and all that had been done under it to be legal. They must acknowledge that they had acted undutifully; they must declare themselves penitent; they must promise to behave better in future, must implore His Majesty's pardon, and lay themselves at his feet. Two Fellows of whom the King had no complaint to make, Charnock and Smith, were excused from the obligation of making these degrading apologies.

Even James never committed a grosser error. The Fellows, already angry with themselves for having conceded so much, and galled by the censure of the world, eagerly caught at the opportunity which was now offered them of regaining the public esteem. With one voice they declared that they would never ask pardon for being in the right, or admit that the visitation of their college and the deprivation of their President had been legal.

Then the King, as he had threatened, laid on them the whole weight of his hand. They were by one sweeping edict condemned to expulsion. Yet this punishment was not deemed sufficient. It was known that many noblemen and gentlemen who possessed church patronage would be disposed to provide for men who had suffered so much for the laws of England or men and for the Protestant religion. The High Commission therefore pronounced the ejected Fellows incapable of ever holding any church preferment. Such of them as were not yet in holy orders were pronounced incapable of receiving the clerical character. James might enjoy the thought that he had reduced many of them from a situation in which they were surrounded by comforts, and had before them the fairest professional prospects, to hopeless indigence.

But all these severities produced an effect directly the opposite of that which he had anticipated. The spirit of Englishmen, that sturdy spirit which no King of the House of Stuart could ever be taught by experience to understand, swelled up high and strong against injustice. Oxford, the quiet scat of learning and loyalty, was in a state resembling that of the City of London on the morning after the attempt of Charles the First to seize the five members. The Vicechancellor had been asked to dine with the Commissioners on the day of the expulsion. He refused. "My taste," he said, "differs from that of Colonel Kirke. I cannot eat my meals with appetite under a gallows." The scholars refused to pull off their caps to the new rulers of Magdalene College. Smith was nicknamed Doctor Roguery, and was publicly insulted in a coffeehouse. When Charnock summoned the Demies to perform their academical exercises before him, they answered that they were deprived of their lawful governors and would submit to no usurped authority. They assembled apart both for study and for divine service. Attempts were made to corrupt them by offers of the lucrative fellowships which had just been declared vacant: but one undergraduate after another manfully answered that his conscience would not suffer him to profit by injustice. One lad who was induced to take a fellowship was turned out of the hall by the rest. Youths were invited from other colleges, but with small success. The richest foundation in the kingdom seemed to have lost all attractions for needy students. Meanwhile, in London and all over the country, money was collected for the support of the ejected Fellows. The Princess of Orange, to the great joy of all Protestants, subscribed two hundred pounds. Still, however, the King held on his course. The expulsion of the Fellows was soon followed by the expulsion of a crowd of Demies. All this time the new President was fast sinking under bodily and mental disease. He had made a last feeble effort to serve the government by publishing, at the very time when the college was in a state of open rebellion against his authority, a defence of the Declaration of Indulgence, or rather a defence of the doctrine of transubstantiation. This piece called forth many answers, and particularly one from Burnet, written with extraordinary vigour and acrimony. A few weeks after the expulsion of the Demies, Parker died in the house of which he had violently taken possession. Men said that his heart was broken by remorse and shame. He lies in the beautiful antechapel of the college: but no monument marks his grave.

Then the King's whole plan was carried into full effect. The college was turned into a Popish seminary. Bonaventure Giffard, the Roman Catholic Bishop of Madura, was appointed President. The Roman Catholic service was performed in the chapel. In one day twelve Roman Catholics were admitted Fellows. Some servile Protestants applied for fellowships, but met with refusals. Smith, an enthusiast in loyalty, but still a sincere member of the Anglican Church, could not bear to see the altered aspect of the house. He absented himself; he was ordered to return into residence: he disobeyed: he was expelled; and the work of spoliation was complete. [298]

The nature of the academical system of England is such that no event which seriously affects the interests and honour of either University can fail to excite a strong feeling throughout the country. Every successive blow, therefore, which fell on Magdalene College, was felt to the extremities of the kingdom. In the coffeehouses of London, in the Inns of Court, in the closes of all the Cathedral towns, in parsonages and manor houses scattered over the remotest shires, pity for the sufferers and indignation against the government went on growing. The protest of Hough was everywhere applauded: the forcing of his door was everywhere mentioned with abhorrence: and at length the sentence of deprivation fulminated against the Fellows dissolved those ties, once so close and dear, which had bound the Church of England to the House of Stuart. Bitter resentment and cruel apprehension took the place of love and confidence. There was no prebendary, no rector, no vicar, whose mind was not haunted by the thought that, however quiet his temper, however obscure his situation, he might, in a few months, be driven from his dwelling by an arbitrary edict to beg in a ragged cassock with his wife and children, while his freehold, secured to him by laws of immemorial antiquity and by the royal word, was occupied by some apostate. This then was the reward of that heroic loyalty never once found wanting through the vicissitudes of fifty tempestuous years. It was for this that the clergy had endured spoliation and persecution in the cause of Charles the First. It was for this that they had supported Charles the Second in his hard contest with the Whig opposition. It was for this that they had stood in the front of the battle against those who sought to despoil James of his birthright. To their fidelity alone their oppressor owed the power which he was now employing to their ruin. They had long been in the habit of recounting in acrimonious language all that they had suffered at the hand of the Puritan in the day of his power. Yet for the Puritan there was some excuse. He was an avowed enemy: he had wrongs to avenge; and even he, while remodelling the ecclesiastical constitution of the country, and ejecting all who would not subscribe his Covenant, had not been altogether without compassion. He had at least granted to those whose benefices he seized a pittance sufficient to support life. But the hatred felt by the King towards that Church which had saved him from exile and placed him on a throne was not to be so easily satiated. Nothing but the utter ruin of his victims would content him. It was not enough that they were expelled from their homes and stripped of their revenues. They found every walk of life towards which men of their habits could look for a subsistence closed against them with malignant care, and nothing left to them but the precarious and degrading resource of alms.

The Anglican clergy therefore, and that portion of the laity which was strongly attached to Protestant episcopacy, now regarded the King with those feelings which injustice aggravated by ingratitude naturally excites. Yet had the Churchman still many scruples of conscience and honour to surmount before he could bring himself to oppose the government by force. He had been taught that passive obedience was enjoined without restriction or exception by the divine law. He had professed this opinion ostentatiously. He had treated with contempt the suggestion that an extreme case might possibly arise which would justify a people in drawing the sword against regal tyranny. Both principle and shame therefore restrained him from imitating the example of the rebellious Roundheads, while any hope of a peaceful and legal deliverance remained; and such a hope might reasonably be cherished as long as the Princess of Orange stood next in succession to the crown. If he would but endure with patience this trial of his faith, the laws of nature would soon do for him what he could not, without sin and dishonour, do for himself. The wrongs of the Church would be redressed, her property and dignity would be fenced by new guarantees; and those wicked ministers who had injured and insulted her in the day of her adversity would be signally punished.

The event to which the Church of England looked forward as to an honourable and peaceful termination of her troubles was one of which even the most reckless members of the Jesuitical cabal could not think without painful apprehensions. If their master should die, leaving them no better security against the penal laws than a Declaration which the general voice of the nation pronounced to be a nullity, if a Parliament, animated by the same spirit which had prevailed in the Parliament of Charles the Second, should assemble round the throne of a Protestant sovereign, was it not probable that a terrible retribution would be exacted, that the old laws against Popery would be rigidly enforced, and that new laws still more severe would be added to the statute book? The evil counsellors had long been tormented by these gloomy apprehensions, and some of them had contemplated strange and desperate remedies. James had scarcely mounted the throne when it began to be whispered about Whitehall that, if the Lady Anne would turn Roman Catholic, it might not be impossible, with the help of Lewis, to transfer to her the birthright of her elder sister. At the French embassy this scheme was warmly approved; and Bonrepaux gave it as his opinion that the assent of James would be easily obtained. [299] Soon, however, it became manifest that Anne was unalterably attached to the Established Church. All thought of making her Queen was therefore relinquished. Nevertheless, a small knot of fanatics still continued to cherish a wild hope that they might be able to change the order of succession. The plan formed by these men was set forth in a minute of which a rude French translation has been preserved. It was to be hoped, they said, that the King might be able to establish the true faith without resorting to extremities; but, in the worst event, he might leave his crown at the disposal of Lewis. It was better for Englishmen to be the vassals of France than the slaves of the Devil. [300] This extraordinary document was handed about from Jesuit to Jesuit, and from courtier to courtier, till some eminent Roman Catholics, in whom bigotry had not extinguished patriotism, furnished the Dutch Ambassador with a copy. He put the paper into the hands of James. James, greatly agitated, pronounced it a vile forgery contrived by some pamphleteer in Holland. The Dutch minister resolutely answered that he could prove the contrary by the testimony of several distinguished members of His Majesty's own Church, nay, that there would be no difficulty in pointing out the writer, who, after all, had written only what many priests and many busy politicians said every day in the galleries of the palace. The King did not think it expedient to ask who the writer was, but, abandoning the charge of forgery, protested, with great vehemence and solemnity, that no thought of disinheriting his eldest daughter had ever crossed his mind. "Nobody," he said, "ever dared to hint such a thing to me. I never would listen to it. God does not command us to propagate the true religion by injustice and this would be the foulest, the most unnatural injustice." [301] Notwithstanding all these professions, Barillon, a few days later, reported to his court that James had begun to listen to suggestions respecting a change in the order of succession, that the question was doubtless a delicate one, but that there was reason to hope that, with time and management, a way might be found to settle the crown on some Roman Catholic to the exclusion of the two Princesses. [302] During many months this subject continued to be discussed by the fiercest and most extravagant Papists about the court; and candidates for the regal office were actually named. [303]

It is not probable however that James ever meant to take a course so insane. He must have known that England would never bear for a single day the yoke of an usurper who was also a Papist, and that any attempt to set aside the Lady Mary would have been withstood to the death, both by all those who had supported the Exclusion Bill, and by all those who had opposed it. There is however no doubt that the King was an accomplice in a plot less absurd, but not less unjustifiable, against the rights of his children. Tyrconnel had, with his master's approbation, made arrangements for separating Ireland from the empire, and for placing her under the protection of Lewis, as soon as the crown should devolve on a Protestant sovereign. Bonrepaux had been consulted, had imparted the design to his court, and had been instructed to assure Tyrconnel that France would lend effectual aid to the accomplishment of this great project. [304] These transactions, which, though perhaps not in all parts accurately known at the Hague, were strongly suspected there, must not be left out of the account if we would pass a just judgment on the course taken a few months later by the Princess of Orange. Those who pronounce her guilty of a breach of filial duty must admit that her fault was at least greatly extenuated by her wrongs. If, to serve the cause of her religion, she broke through the most sacred ties of consanguinity, she only followed her father's example. She did not assist to depose him till he had conspired to disinherit her.

Scarcely had Bonrepaux been informed that Lewis had resolved to assist the enterprise of Tyrconnel when all thoughts of that enterprise were abandoned. James had caught the first glimpse of a hope which delighted and elated him. The Queen was with child.

Before the end of October 1687 the great news began to be whispered. It was observed that Her Majesty had absented herself from some public ceremonies, on the plea of indisposition. It was said that many relics, supposed to possess extraordinary virtue, had been hung about her. Soon the story made its way from the palace to the coffeehouses of the capital, and spread fast over the country. By a very small minority the rumour was welcomed with joy. The great body of the nation listened with mingled derision and fear. There was indeed nothing very extraordinary in what had happened.

The King had but just completed his fifty-fourth year. The Queen was in the summer of life. She had already borne four children who had died young; and long afterwards she was delivered of another child whom nobody had any interest in treating as supposititious, and who was therefore never said to be so. As, however, five years had elapsed since her last pregnancy, the people, under the influence of that delusion which leads men to believe what they wish, had ceased to entertain any apprehension that she would give an heir to the throne. On the other hand, nothing seemed more natural and probable than that the Jesuits should have contrived a pious fraud. It was certain that they must consider the accession of the Princess of Orange as one of the greatest calamities which could befall their Church. It was equally certain that they would not be very scrupulous about doing whatever might be necessary to save their Church from a great calamity. In books written by eminent members of the Society, and licensed by its rulers, it was distinctly laid down that means even more shocking to all notions of justice and humanity than the introduction of a spurious heir into a family might lawfully be employed for ends less important than the conversion of a heretical kingdom. It had got abroad that some of the King's advisers, and even the King himself, had meditated schemes for defrauding the Lady Mary, either wholly or in part, of her rightful inheritance. A suspicion, not indeed well founded, but by no means so absurd as is commonly supposed, took possession of the public mind. The folly of some Roman Catholics confirmed the vulgar prejudice. They spoke of the auspicious event as strange, as miraculous, as an exertion of the same Divine power which had made Sarah proud and happy in Isaac, and had given Samuel to the prayers of Hannah. Mary's mother, the Duchess of Modena, had lately died. A short time before her death, she had, it was said, implored the Virgin of Loretto, with fervent vows and rich offerings, to bestow a son on James. The King himself had, in the preceding August, turned aside from his progress to visit the Holy Well, and had there besought Saint Winifred to obtain for him that boon without which his great designs for the propagation of the true faith could be but imperfectly executed. The imprudent zealots who dwelt on these tales foretold with confidence that the unborn infant would be a boy, and offered to back their opinion by laying twenty guineas to one. Heaven, they affirmed, would not have interfered but for a great end. One fanatic announced that the Queen would give birth to twins, of whom the elder would be King of England, and the younger Pope of Rome. Mary could not conceal the delight with which she heard this prophecy; and her ladies found that they could not gratify her more than by talking of it. The Roman Catholics would have acted more wisely if they had spoken of the pregnancy as of a natural event, and if they had borne with moderation their unexpected good fortune. Their insolent triumph excited the popular indignation. Their predictions strengthened the popular suspicions. From the Prince and Princess of Denmark down to porters and laundresses nobody alluded to the promised birth without a sneer. The wits of London described the new miracle in rhymes which, it may well be supposed, were not the most delicate. The rough country squires roared with laughter if they met with any person simple enough to believe that the Queen was really likely to be again a mother. A royal proclamation appeared commanding the clergy to read a form of prayer and thanksgiving which had been prepared for this joyful occasion by Crewe and Sprat. The clergy obeyed: but it was observed that the congregations made no responses and showed no signs of reverence. Soon in all the coffeehouses was handed about a brutal lampoon on the courtly prelates whose pens the King had employed. Mother East had also her full share of abuse. Into that homely monosyllable our ancestors had degraded the name of the great house of Este which reigned at Modena. [305]

The new hope which elated the King's spirits was mingled with many fears. Something more than the birth of a Prince of Wales was necessary to the success of the plans formed by the Jesuitical party. It was not very likely that James would live till his son should be of age to exercise the regal functions. The law had made no provision for the case of a minority. The reigning sovereign was not competent to make provision for such a case by will. The legislature only could supply the defect. If James should die before the defect had been supplied, leaving a successor of tender years, the supreme power would undoubtedly devolve on Protestants. Those Tories who held most firmly the doctrine that nothing could justify them in resisting their liege lord would have no scruple about drawing their swords against a Popish woman who should dare to usurp the guardianship of the realm and of the infant sovereign. The result of a contest could scarcely be matter of doubt. The Prince of Orange or his wife, would be Regent. The young King would be placed in the hands of heretical instructors, whose arts might speedily efface from his mind the impressions which might have been made on it in the nursery. He might prove another Edward the Sixth; and the blessing granted to the intercession of the Virgin Mother and of Saint Winifred might be turned into a curse. [306] This was a danger against which nothing but, an Act of Parliament could be a security; and to obtain such an Act was not easy. Everything seemed to indicate that, if the Houses were convoked, they would come up to Westminster animated by the spirit of 1640. The event of the county elections could hardly be doubted. The whole body of freeholders, high and low, clerical and lay, was strongly excited against the government. In the great majority of those towns where the right of voting depended on the payment of local taxes, or on the occupation of a tenement, no courtly candidate could dare to show his face. A very large part of the House of Commons was returned by members of municipal corporations. These corporations had recently been remodelled for the purpose of destroying the influence of the Whigs and Dissenters. More than a hundred constituent bodies had been deprived of their charters by tribunals devoted to the crown, or had been induced to avert compulsory disfranchisement by voluntary surrender. Every Mayor, every Alderman, every Town Clerk, from Berwick to Helstone, was a Tory and a Churchman: but Tories and Churchmen were now no longer devoted to the sovereign. The new municipalities were more unmanageable than the old municipalities had ever been, and would undoubtedly return representatives whose first act would be to impeach all the Popish Privy Councillors, and all the members of the High Commission.

In the Lords the prospect was scarcely less gloomy than in the Commons. Among the temporal peers it was certain that an immense majority would be against the King's measures: and on that episcopal bench, which seven years before had unanimously supported him against those who had attempted to deprive him of his birthright, he could now look for support only to four or five sycophants despised by their profession and by their country. [307]

To all men not utterly blinded by passion these difficulties appeared insuperable. The most unscrupulous slaves of power showed signs of uneasiness. Dryden muttered that the King would only make matters worse by trying to mend them, and sighed for the golden days of the careless and goodnatured Charles. [308] Even Jeffreys wavered. As long as he was poor, he was perfectly ready to face obloquy and public hatred for lucre. But he had now, by corruption and extortion, accumulated great riches; and he was more anxious to secure them than to increase them. His slackness drew on him a sharp reprimand from the royal lips. In dread of being deprived of the Great Seal, he promised whatever was required of him: but Barillon, in reporting this circumstance to Lewis, remarked that the King of England could place little reliance on any man who had any thing to lose. [309]

Nevertheless James determined to persevere. The sanction of a Parliament was necessary to his system. The sanction of a free and lawful Parliament it was evidently impossible to obtain: but it might not be altogether impossible to bring together by corruption, by intimidation, by violent exertions of prerogative, by fraudulent distortions of law, an assembly which might call itself a Parliament, and might be willing to register any edict of the Sovereign. Returning officers must be appointed who would avail themselves of the slightest pretence to declare the King's friends duly elected. Every placeman, from the highest to the lowest, must be made to understand that, if he wished to retain his office, he must, at this conjuncture, support the throne by his vote and interest. The High Commission meanwhile would keep its eye on the clergy. The boroughs, which had just been remodelled to serve one turn, might be remodelled again to serve another. By such means the King hoped to obtain a majority in the House of Commons. The Upper House would then be at his mercy. He had undoubtedly by law the power of creating peers without limit: and this power he was fully determined to use. He did not wish, and indeed no sovereign can wish, to make the highest honour which is in the gift of the crown worthless. He cherished the hope that, by calling up some heirs apparent to the assembly in which they must ultimately sit, and by conferring English titles on some Scotch and Irish Lords, he might be able to secure a majority without ennobling new men in such numbers as to bring ridicule on the coronet and the ermine. But there was no extremity to which he was not prepared to go in case of necessity. When in a large company an opinion was expressed that the peers would prove intractable, "Oh, silly," cried Sunderland, turning to Churchill, "your troop of guards shall be called up to the House of Lords." [310]

Having determined to pack a Parliament, James set himself energetically and methodically to the work. A proclamation appeared in the Gazette, announcing that the King had determined to revise the Commissions of Peace and of Lieutenancy, and to retain in public employment only such gentlemen as should be disposed to support his policy. [311] A committee of seven Privy Councillors sate at Whitehall, for the purpose of regulating--such was the phrase--the municipal corporations. In this committee Jeffreys alone represented the Protestant interest. Powis alone represented the moderate Roman Catholics. All the other members belonged to the Jesuitical faction. Among them was Petre, who had just been sworn of the Council. Till he took his seat at the board, his elevation had been kept a profound secret from everybody but Sunderland. The public indignation at this new violation of the law was clamorously expressed; and it was remarked that the Roman Catholics were even louder in censure than the Protestants. The vain and ambitious Jesuit was now charged with the business of destroying and reconstructing half the constituent bodies in the kingdom. Under the committee of Privy Councillors a subcommittee consisting of bustling agents less eminent in rank was entrusted with the management of details. Local subcommittees of regulators all over the country corresponded with the central board at Westminster. [312]

The persons on whom James chiefly relied for assistance in his new and arduous enterprise were the Lords Lieutenants. Every Lord Lieutenant received written orders directing him to go down immediately into his county. There he was to summon before him all his deputies, and all the justices of the Peace, and to put to them a series of interrogatories framed for the purpose of ascertaining how they would act at a general election. He was to take down the answers in writing, and to transmit them to the government. He was to furnish a list of such Roman Catholics, and such Protestant Dissenters, as might be best qualified for the bench and for commands in the militia. He was also to examine into the state of all the boroughs in his county, and to make such reports as might be necessary to guide the operations of the board of regulators. It was intimated to him that he must himself perform these duties, and that he could not be permitted to delegate them to any other person. [313]

The first effect produced by these orders would have at once sobered a prince less infatuated than James. Half the Lords Lieutenants of England peremptorily refused to stoop to the odious service which was required of them. They were immediately dismissed. All those who incurred this glorious disgrace were peers of high consideration; and all had hitherto been regarded as firm supporters of monarchy. Some names in the list deserve especial notice.

The noblest subject in England, and indeed, as Englishmen loved to say, the noblest subject in Europe, was Aubrey de Vere, twentieth and last of the old Earls of Oxford. He derived his title through an uninterrupted male descent from a time when the families of Howard and Seymour were still obscure, when the Nevilles and Percies enjoyed only a provincial celebrity, and when even the great name of Plantagenet had not yet been heard in England. One chief of the house of De Vere had held high command at Hastings: another had marched, with Godfrey and Tancred, over heaps of slaughtered Moslem, to the sepulchre of Christ. The first Earl of Oxford had been minister of Henry Beauclerc. The third Earl had been conspicuous among the Lords who extorted the Great Charter from John. The seventh Earl had fought bravely at Cressy and Pointiers. The thirteenth Earl had, through many vicissitudes of fortune, been the chief of the party of the Red Rose, and had led the van on the decisive day of Bosworth. The seventeenth Earl had shone at the court of Elizabeth, and had won for himself an honourable place among the early masters of English poetry. The nineteenth Earl had fallen in arms for the Protestant religion and for the liberties of Europe under the walls of Maastricht. His son Aubrey, in whom closed the longest and most illustrious line of nobles that England has seen, a man of loose morals, but of inoffensive temper and of courtly manners, was Lord Lieutenant of Essex, and Colonel of the Blues. His nature was not factious; and his interest inclined him to avoid a rupture with the court; for his estate was encumbered, and his military command lucrative. He was summoned to the royal closet; and an explicit declaration of his intentions was demanded from him. "Sir," answered Oxford, "I will stand by your Majesty against all enemies to the last drop of my blood. But this is matter of conscience, and I cannot comply." He was instantly deprived of his lieutenancy and of his regiment. [314]

Inferior in antiquity and splendour to the house of De Vere, but to the house of De Vere alone, was the house of Talbot. Ever since the reign of Edward the Third, the Talbots had sate among the peers of the realm. The earldom of Shrewsbury had been bestowed, in the fifteenth century, on John Talbot, the antagonist of the Maid of Orleans. He had been long remembered by his countrymen with tenderness and reverence as one of the most illustrious of those warriors who had striven to erect a great English empire on the Continent of Europe. The stubborn courage which he had shown in the midst of disasters had made him an object of interest greater than more fortunate captains had inspired, and his death had furnished a singularly touching scene to our early stage. His posterity had, during two centuries, flourished in great honour. The head of the family at the time of the Restoration was Francis, the eleventh Earl, a Roman Catholic. His death had been attended by circumstances such as, even in those licentious times which immediately followed the downfall of the Puritan tyranny, had moved men to horror and pity. The Duke of Buckingham in the course of his vagrant amours was for a moment attracted by the Countess of Shrewsbury. She was easily won. Her lord challenged the gallant, and fell. Some said that the abandoned woman witnessed the combat in man's attire, and others that she clasped her victorious lover to her bosom while his shirt was still dripping with the blood of her husband. The honours of the murdered man descended to his infant son Charles. As the orphan grew up to man's estate, it was generally acknowledged that of the young nobility of England none had been so richly gifted by nature. His person was pleasing, his temper singularly sweet, his parts such as, if he had been born in a humble rank, might well have raised him to the height of civil greatness. All these advantages he had so improved that, before he was of age, he was allowed to be one of the finest gentlemen and finest scholars of his time. His learning is proved by notes which are still extant in his handwriting on books in almost every department of literature. He spoke French like a gentleman of Lewis's bedchamber, and Italian like a citizen of Florence. It was impossible that a youth of such parts should not be anxious to understand the grounds on which his family had refused to conform to the religion of the state. He studied the disputed points closely, submitted his doubts to priests of his own faith, laid their answers before Tillotson, weighed the arguments on both sides long and attentively, and, after an investigation which occupied two years, declared himself a Protestant. The Church of England welcomed the illustrious convert with delight. His popularity was great, and became greater when it was known that royal solicitations and promises had been vainly employed to seduce him back to the superstition which he had abjured. The character of the young Earl did not however develop itself in a manner quite satisfactory to those who had borne the chief part in his conversion. His morals by no means escaped the contagion of fashionable libertinism. In truth the shock which had overturned his early prejudices had at the same time unfixed all his opinions, and left him to the unchecked guidance of his feelings. But, though his principles were unsteady, his impulses were so generous, his temper so bland, his manners so gracious and easy, that it was impossible not to love him. He was early called the King of Hearts, and never, through a long, eventful, and chequered life, lost his right to that name. [315] Shrewsbury was Lord Lieutenant of Staffordshire and Colonel of one of the regiments of horse which had been raised in consequence of the Western insurrection. He now refused to act under the board of regulators, and was deprived of both his commissions.

None of the English nobles enjoyed a larger measure of public favour than Charles Sackville Earl of Dorset. He was indeed a remarkable man. In his youth he had been one of the most notorious libertines of the wild time which followed the Restoration. He had been the terror of the City watch, had passed many nights in the round house, and had at least once occupied a cell in Newgate. His passion for Betty Morrice, and for Nell Gwynn, who called him her Charles the First, had given no small amusement and scandal to the town. [316] Yet, in the midst of follies and vices, his courageous spirit, his fine understanding, and his natural goodness of heart, had been conspicuous. Men said that the excesses in which he indulged were common between him and the whole race of gay young Cavaliers, but that his sympathy with human suffering and the generosity with which he made reparation to those whom his freaks had injured were all his own. His associates were astonished by the distinction which the public made between him and them. "He may do what he chooses," said Wilmot; "he is never in the wrong." The judgment of the world became still more favourable to Dorset when he had been sobered by time and marriage. His graceful manners, his brilliant conversation, his soft heart, his open hand, were universally praised. No day passed, it was said, in which some distressed family had not reason to bless his name. And yet, with all his goodnature, such was the keenness of his wit that scoffers whose sarcasm all the town feared stood in craven fear of the sarcasm of Dorset. All political parties esteemed and caressed him; but politics were not much to his taste. Had he been driven by necessity to exert himself, he would probably have risen to the highest posts in the state; but he was born to rank so high and wealth so ample that many of the motives which impel men to engage in public affairs were wanting to him. He took just so much part in parliamentary and diplomatic business as sufficed to show that he wanted nothing but inclination to rival Danby and Sunderland, and turned away to pursuits which pleased him better. Like many other men who, with great natural abilities, are constitutionally and habitually indolent, he became an intellectual voluptuary, and a master of all those pleasing branches of knowledge which can be acquired without severe application. He was allowed to be the best judge of painting, of sculpture, of architecture, of acting, that the court could show. On questions of polite learning his decisions were regarded at all the coffeehouses as without appeal. More than one clever play which had failed on the first representation was supported by his single authority against the whole clamour of the pit, and came forth successful from the second trial. The delicacy of his taste in French composition was extolled by Saint Evremond and La Fontaine. Such a patron of letters England had never seen. His bounty was bestowed with equal judgment and liberality, and was confined to no sect or faction. Men of genius, estranged from each other by literary jealousy or by difference of political opinion, joined in acknowledging his impartial kindness. Dryden owned that he had been saved from ruin by Dorset's princely generosity. Yet Montague and Prior, who had keenly satirised Dryden, were introduced by Dorset into public life; and the best comedy of Dryden's mortal enemy, Shadwell, was written at Dorset's country seat. The munificent Earl might, if such had been his wish, have been the rival of those of whom he was content to be the benefactor. For the verses which he occasionally composed, unstudied as they are, exhibit the traces of a genius which, assiduously cultivated, would have produced something great. In the small volume of his works may be found songs which have the easy vigour of Suckling, and little satires which sparkle with wit as splendid as that of Butler. [317]

Dorset was Lord Lieutenant of Sussex: and to Sussex the board of regulators looked with great anxiety: for in no other county, Cornwall and Wiltshire excepted, were there so many small boroughs. He was ordered to repair to his post. No person who knew him expected that he would obey. He gave such an answer as became him, and was informed that his services were no longer needed. The interest which his many noble and amiable qualities inspired was heightened when it was known that he had received by the post an anonymous billet telling him that, if he did not promptly comply with the King's wishes, all his wit and popularity should not save him from assassination. A similar warning was sent to Shrewsbury. Threatening letters were then much more rare than they afterwards became. It is therefore not strange that the people, excited as they were, should have been disposed to believe that the best and noblest Englishmen were really marked out for Popish daggers. [318] Just when these letters were the talk of all London, the mutilated corpse of a noted Puritan was found in the streets. It was soon discovered that the murderer had acted from no religious or political motive. But the first suspicions of the populace fell on the Papists. The mangled remains were carried in procession to the house of the Jesuits in the Savoy; and during a few hours the fear and rage of the populace were scarcely less violent than on the day when Godfrey was borne to his grave. [319]

The other dismissions must be more concisely related. The Duke of Somerset, whose regiment had been taken from him some months before, was now turned out of the lord lieutenancy of the East Riding of Yorkshire. The North Riding was taken from Viscount Fauconberg, Shropshire from Viscount Newport, and Lancashire from the Earl of Derby, grandson of that gallant Cavalier who had faced death so bravely, both on the field of battle and on the scaffold, for the House of Stuart. The Earl of Pembroke, who had recently served the crown with fidelity and spirit against Monmouth, was displaced in Wiltshire, the Earl of Husband in Leicestershire, the Earl of Bridgewater in Buckinghamshire, the Earl of Thanet in Cumberland, the Earl of Northampton in Warwickshire, the Earl of Abingdon in Oxfordshire, and the Earl of Scarsdale in Derbyshire. Scarsdale was also deprived of a regiment of cavalry, and of an office in the household of the Princess of Denmark. She made a struggle to retain his services, and yielded only to a peremptory command of her father. The Earl of Gainsborough was rejected, not only from the lieutenancy of Hampshire, but also from the government of Portsmouth and the rangership of the New Forest, two places for which he had, only a few months before, given five thousand pounds. [320]

The King could not find Lords of great note, or indeed Protestant Lords of any sort, who would accept the vacant offices. It was necessary to assign two shires to Jeffreys, a new man whose landed property was small, and two to Preston who was not even an English peer. The other counties which had been left without governors were entrusted, with scarcely an exception, to known Roman Catholics, or to courtiers who had secretly promised the King to declare themselves Roman Catholics as soon as they could do so with prudence.

At length the new machinery was put in action; and soon from every corner of the realm arrived the news of complete and hopeless failure. The catechism by which the Lords Lieutenants had been directed to test the sentiments of the country gentlemen consisted of three questions. Every magistrate and Deputy Lieutenant was to be asked, first, whether, if he should be chosen to serve in Parliament, he would vote for a bill framed on the principles of the Declaration of Indulgence; secondly, whether, as an elector, he would support candidates who would engage to vote for such a bill and, thirdly, whether, in his private capacity, he would aid the King's benevolent designs by living in friendship with people of all religious persuasions. [321]