The History of England, from the Accession of James II — Volume 2

Baron Thomas Babington Macaulay

The History of England, from the Accession of James II — Volume 2

CHAPTER VI

The Power of James at the Height—His Foreign Policy—His Plans of Domestic Government; the Habeas Corpus Act—The Standing Army—Designs in favour of the Roman Catholic Religion—Violation of the Test Act—Disgrace of Halifax; general Discontent—Persecution of the French Huguenots—Effect of that Persecution in England—Meeting of Parliament; Speech of the King; an Opposition formed in the House of Commons—Sentiments of Foreign Governments—Committee of the Commons on the King's Speech—Defeat of the Government—Second Defeat of the Government; the King reprimands the Commons—Coke committed by the Commons for Disrespect to the King—Opposition to the Government in the Lords; the Earl of Devonshire—The Bishop of London—Viscount Mordaunt—Prorogation—Trials of Lord Gerard and of Hampden—Trial of Delamere—Effect of his Acquittal—Parties in the Court; Feeling of the Protestant Tories—Publication of Papers found in the Strong Box of Charles II.—Feeling of the respectable Roman Catholics—Cabal of violent Roman Catholics; Castlemaine—Jermyn; White; Tyrconnel—Feeling of the Ministers of Foreign Governments—The Pope and the Order of Jesus opposed to each other—The Order of Jesus—Father Petre—The King's Temper and Opinions—The King encouraged in his Errors by Sunderland—Perfidy of Jeffreys—Godolphin; the Queen; Amours of the King—Catharine Sedley—Intrigues of Rochester in favour of Catharine Sedley—Decline of Rochester's Influence—Castelmaine sent to Rome;

the Huguenots illtreated by James—The Dispensing Power—Dismission of Refractory Judges—Case of Sir Edward Hales—Roman Catholics authorised to hold Ecclesiastical Benefices;—Sclater; Walker—The Deanery of Christchurch given to a Roman Catholic—Disposal of Bishoprics—Resolution of James to use his Ecclesiastical Supremacy against the Church—His Difficulties—He creates a new Court of High Commission—Proceedings against the Bishop of London—Discontent excited by the Public Display of Roman Catholic—Rites and Vestments—Riots—A Camp formed at Hounslow—Samuel Johnson—Hugh Speke—Proceedings against Johnson—Zeal of the Anglican Clergy against Popery—The Roman Catholic Divines overmatched—State of Scotland—Queensberry—Perth and Melfort—Favour shown to the Roman Catholic Religion in Scotland—Riots at Edinburgh—Anger of the King; his Plans concerning Scotland—Deputation of Scotch Privy Councillors sent to London—Their Negotiations with the King—Meeting of the Scotch Estates; they prove refractory—They are adjourned; arbitrary System of Government in Scotland—Ireland—State of the Law on the Subject of Religion—Hostility of Races—Aboriginal Peasantry; aboriginal Aristocracy—State of the English Colony—Course which James ought to have followed—His Errors—Clarendon arrives in Ireland as Lord Lieutenant—His Mortifications; Panic among the Colonists—Arrival of Tyrconnel at Dublin as General; his Partiality and Violence—He is bent on the Repeal of the Act of Settlement; he returns to England—The King displeased with Clarendon—Rochester attacked by the Jesuitical Cabal—Attempts of James to convert Rochester—Dismission of Rochester—Dismission of Clarendon; Tyrconnel Lord Deputy—Dismay of the English Colonists in Ireland—Effect of the Fall of the Hydes

JAMES was now at the height of power and prosperity. Both in England and in Scotland he had vanquished his enemies, and had punished them with a severity which had indeed excited their bitterest hatred, but had, at the same time, effectually quelled their courage. The Whig party seemed extinct. The name of Whig was never used except as a term of reproach. The Parliament was devoted to the King; and it was in his power to keep that Parliament to the end of his reign. The Church was louder than ever in professions of attachment to him, and had, during the late insurrection, acted up to those professions. The Judges were his tools; and if they ceased to be so, it was in his power to remove them. The corporations were filled with his creatures. His revenues far exceeded those of his predecessors. His pride rose high. He was not the same man who, a few months before, in doubt whether his throne might not be overturned in a hour, had implored foreign help with unkingly supplications, and had accepted it with tears of gratitude. Visions of dominion and glory rose before him. He already saw himself, in imagination, the umpire of Europe, the champion of many states oppressed by one too powerful monarchy. So early as the month of June he had assured the United Provinces that, as soon as the affairs of England were settled, he would show the world how little he feared France. In conformity with these assurances, he, within a month after the battle of Sedgemoor, concluded with the States General a defensive treaty, framed in the very spirit of the Triple League. It was regarded, both at the Hague and at Versailles, as a most significant circumstance that Halifax, who was the constant and mortal enemy of French ascendency, and who had scarcely ever before been consulted on any grave affair since the beginning of the reign, took the lead on this occasion, and seemed to have the royal ear. It was a circumstance not less significant that no previous communication was made to Barillon. Both he and his master were taken by surprise. Lewis was much troubled, and expressed great, and not unreasonable, anxiety as to the ulterior designs of the prince who had lately been his pensioner and vassal. There were strong rumours that William of Orange was busied in organizing a great confederacy, which was to include both branches of the House of Austria, the United Provinces, the kingdom of Sweden, and the electorate of Brandenburg. It now seemed that this confederacy would have at its head the King and Parliament of England.

In fact, negotiations tending to such a result were actually opened. Spain proposed to form a close alliance with James; and he listened to the proposition with favour, though it was evident that such an alliance would be little less than a declaration of war against France. But he postponed his final decision till after the Parliament should have reassembled. The fate of Christendom depended on the temper in which he might then find the Commons. If they were disposed to acquiesce in his plans of domestic government, there would be nothing to prevent him from interfering with vigour and authority in the great dispute which must soon be brought to an issue on the Continent. If they were refractory, he must relinquish all thought of arbitrating between contending nations, must again implore French assistance, must again submit to French dictation, must sink into a potentate of the third or fourth class, and must indemnify himself for the contempt with which he would be regarded abroad by triumphs over law and public opinion at home. 1

It seemed, indeed, that it would not be easy for him to demand more than the Commons were disposed to give. Already they had abundantly proved that they were desirous to maintain his prerogatives unimpaired, and that they were by no means extreme to mark his encroachments on the rights of the people. Indeed, eleven twelfths of the members were either dependents of the court, or zealous Cavaliers from the country. There were few things which such an assembly could pertinaciously refuse to the Sovereign; and, happily for the nation, those few things were the very things on which James had set his heart.

One of his objects was to obtain a repeal of the Habeas Corpus Act, which he hated, as it was natural that a tyrant should hate the most stringent curb that ever legislation imposed on tyranny. This feeling remained deeply fixed in his mind to the last, and appears in the instructions which he drew up, in exile, for the guidance of his son. 2 But the Habeas Corpus Act, though passed during the ascendency of the Whigs, was not more dear to the Whigs than to the Tories. It is indeed not wonderful that this great law should be highly prized by all Englishmen without distinction of party: for it is a law which, not by circuitous, but by direct operation, adds to the security and happiness of every inhabitant of the realm. 3

James had yet another design, odious to the party which had set him on the throne and which had upheld him there. He wished to form a great standing army. He had taken advantage of the late insurrection to make large additions to the military force which his brother had left. The bodies now designated as the first six regiments of dragoon guards, the third and fourth regiments of dragoons, and the nine regiments of infantry of the line, from the seventh to the fifteenth inclusive, had just been raised. 4 The effect of these augmentations, and of the recall of the garrison of Tangier, was that the number of regular troops in England had, in a few months, been increased from six thousand to near twenty thousand. No English King had ever, in time of peace, had such a force at his command. Yet even with this force James was not content. He often repeated that no confidence could be placed in the fidelity of the train-bands, that they sympathized with all the passions of the class to which they belonged, that, at Sedgemoor, there had been more militia men in the rebel army than in the royal encampment, and that, if the throne had been defended only by the array of the counties, Monmouth would have marched in triumph from Lyme to London.

The revenue, large as it was when compared with that of former Kings, barely sufficed to meet this new charge. A great part of the produce of the new taxes was absorbed by the naval expenditure. At the close of the late reign the whole cost of the army, the Tangier regiments included, had been under three hundred thousand pounds a year. Six hundred thousand pounds a year would not now suffice. 5 If any further augmentation were made, it would be necessary to demand a supply from Parliament; and it was not likely that Parliament would be in a complying mood. The very name of standing army was hateful to the whole nation, and to no part of the nation more hateful than to the Cavalier gentlemen who filled the Lower House. In their minds a standing army was inseparably associated with the Rump, with the Protector, with the spoliation of the Church, with the purgation of the Universities, with the abolition of the peerage, with the murder of the King, with the sullen reign of the Saints, with cant and asceticism, with fines and sequestrations, with the insults which Major Generals, sprung from the dregs of the people, had offered to the oldest and most honourable families of the kingdom. There was, moreover, scarcely a baronet or a squire in the Parliament who did not owe part of his importance in his own county to his rank in the militia. If that national force were set aside, the gentry of England must lose much of their dignity and influence. It was therefore probable that the King would find it more difficult to obtain funds for the support of his army than even to obtain the repeal of the Habeas Corpus Act.

But both the designs which have been mentioned were subordinate to one great design on which the King's whole soul was bent, but which was abhorred by those Tory gentlemen who were ready to shed their blood for his rights, abhorred by that Church which had never, during three generations of civil discord, wavered in fidelity to his house, abhorred even by that army on which, in the last extremity, he must rely.

His religion was still under proscription. Many rigorous laws against Roman Catholics appeared on the Statute Book, and had, within no long time, been rigorously executed. The Test Act excluded from civil and military office all who dissented from the Church of England; and, by a subsequent Act, passed when the fictions of Oates had driven the nation wild, it had been provided that no person should sit in either House of Parliament without solemnly abjuring the doctrine of transubstantiation. That the King should wish to obtain for the Church to which he belonged a complete toleration was natural and right; nor is there any reason to doubt that, by a little patience, prudence, and justice, such a toleration might have been obtained.

The extreme antipathy and dread with which the English people regarded his religion was not to be ascribed solely or chiefly to theological animosity. That salvation might be found in the Church of Rome, nay, that some members of that Church had been among the brightest examples of Christian virtue, was admitted by all divines of the Anglican communion and by the most illustrious Nonconformists. It is notorious that the penal laws against Popery were strenuously defended by many who thought Arianism, Quakerism, and Judaism more dangerous, in a spiritual point of view, than Popery, and who yet showed no disposition to enact similar laws against Arians, Quakers, or Jews.

It is easy to explain why the Roman Catholic was treated with less indulgence than was shown to men who renounced the doctrine of the Nicene fathers, and even to men who had not been admitted by baptism within the Christian pale. There was among the English a strong conviction that the Roman Catholic, where the interests of his religion were concerned, thought himself free from all the ordinary rules of morality, nay, that he thought it meritorious to violate those rules if, by so doing, he could avert injury or reproach from the Church of which he was a member.

Nor was this opinion destitute of a show of reason. It was impossible to deny that Roman Catholic casuists of great eminence had written in defence of equivocation, of mental reservation, of perjury, and even of assassination. Nor, it was said, had the speculations of this odious school of sophists been barren of results. The massacre of Saint Bartholomew, the murder of the first William of Orange, the murder of Henry the Third of France, the numerous conspiracies which had been formed against the life of Elizabeth, and, above all, the gunpowder treason, were constantly cited as instances of the close connection between vicious theory and vicious practice. It was alleged that every one of these crimes had been prompted or applauded by Roman Catholic divines. The letters which Everard Digby wrote in lemon juice from the Tower to his wife had recently been published, and were often quoted. He was a scholar and a gentleman, upright in all ordinary dealings, and strongly impressed with a sense of duty to God. Yet he had been deeply concerned in the plot for blowing up King, Lords, and Commons, and had, on the brink of eternity, declared that it was incomprehensible to him how any Roman Catholic should think such a design sinful. The inference popularly drawn from these things was that, however fair the general character of a Papist might be, there was no excess of fraud or cruelty of which he was not capable when the safety and honour of his Church were at stake.

The extraordinary success of the fables of Oates is to be chiefly ascribed to the prevalence of this opinion. It was to no purpose that the accused Roman Catholic appealed to the integrity, humanity, and loyalty which he had shown through the whole course of his life. It was to no purpose that he called crowds of respectable witnesses, of his own persuasion, to contradict monstrous romances invented by the most infamous of mankind. It was to no purpose that, with the halter round his neck, he invoked on himself the whole vengeance of the God before whom, in a few moments, he must appear, if he had been guilty of meditating any ill to his prince or to his Protestant fellow countrymen. The evidence which he produced in his favour proved only how little Popish oaths were worth. His very virtues raised a presumption of his guilt. That he had before him death and judgment in immediate prospect only made it more likely that he would deny what, without injury to the holiest of causes, he could not confess. Among the unhappy men who were convicted of the murder of Godfrey was one Protestant of no high character, Henry Berry. It is a remarkable and well attested circumstance, that Berry's last words did more to shake the credit of the plot than the dying declarations of all the pious and honourable Roman Catholics who underwent the same fate. 6

It was not only by the ignorant populace, it was not only by zealots in whom fanaticism had extinguished all reason and charity, that the Roman Catholic was regarded as a man the very tenderness of whose conscience might make him a false witness, an incendiary, or a murderer, as a man who, where his Church was concerned, shrank from no atrocity and could be bound by no oath. If there were in that age two persons inclined by their judgment and by their temper to toleration, those persons were Tillotson and Locke. Yet Tillotson, whose indulgence for various kinds of schismatics and heretics brought on him the reproach of heterodoxy, told the House of Commons from the pulpit that it was their duty to make effectual provision against the propagation of a religion more mischievous than irreligion itself, of a religion which demanded from its followers services directly opposed to the first principles of morality. His temper, he truly said, was prone to lenity; but his duty to he community forced him to be, in this one instance, severe. He declared that, in his judgment, Pagans who had never heard the name of Christ, and who were guided only by the light of nature, were more trustworthy members of civil society than men who had been formed in the schools of the Popish casuists. 7 Locke, in the celebrated treatise in which he laboured to show that even the grossest forms of idolatry ought not to be prohibited under penal sanctions, contended that the Church which taught men not to keep faith with heretics had no claim to toleration. 8

It is evident that, in such circumstances, the greatest service which an English Roman Catholic could render to his brethren in the faith was to convince the public that, whatever some rash men might, in times of violent excitement, have written or done, his Church did not hold that any end could sanctify means inconsistent with morality. And this great service it was in the power of James to render. He was King. He was more powerful than any English King had been within the memory of the oldest man. It depended on him whether the reproach which lay on his religion should be taken away or should be made permanent.

Had he conformed to the laws, had he fulfilled his promises, had he abstained from employing any unrighteous methods for the propagation of his own theological tenets, had he suspended the operation of the penal statutes by a large exercise of his unquestionable prerogative of mercy, but, at the same time, carefully abstained from violating the civil or ecclesiastical constitution of the realm, the feeling of his people must have undergone a rapid change. So conspicuous an example of good faith punctiliously observed by a Popish prince towards a Protestant nation would have quieted the public apprehensions. Men who saw that a Roman Catholic might safely be suffered to direct the whole executive administration, to command the army and navy, to convoke and dissolve the legislature, to appoint the Bishops and Deans of the Church of England, would soon have ceased to fear that any great evil would arise from allowing a Roman Catholic to be captain of a company or alderman of a borough. It is probable that, in a few years, the sect so long detested by the nation would, with general applause, have been admitted to office and to Parliament.

If, on the other hand, James should attempt to promote the interest of his Church by violating the fundamental laws of his kingdom and the solemn promises which he had repeatedly made in the face of the whole world, it could hardly be doubted that the charges which it had been the fashion to bring against the Roman Catholic religion would be considered by all Protestants as fully established. For, if ever a Roman Catholic could be expected to keep faith with heretics, James might have been expected to keep faith with the Anglican clergy. To them he owed his crown. But for their strenuous opposition to the Exclusion Bill he would have been a banished man. He had repeatedly and emphatically acknowledged his obligation to them, and had vowed to maintain them in all their legal rights. If he could not be bound by ties like these, it must be evident that, where his superstition was concerned, no tie of gratitude or of honour could bind him. To trust him would thenceforth be impossible; and, if his people could not trust him, what member of his Church could they trust? He was not supposed to be constitutionally or habitually treacherous. To his blunt manner, and to his want of consideration for the feelings of others, he owed a much higher reputation for sincerity than he at all deserved. His eulogists affected to call him James the Just. If then it should appear that, in turning Papist, he had also turned dissembler and promisebreaker, what conclusion was likely to be drawn by a nation already disposed to believe that Popery had a pernicious influence on the moral character?

On these grounds many of the most eminent Roman Catholics of that age, and among them the Supreme Pontiff, were of opinion that the interest of their Church in our island would be most effectually promoted by a moderate and constitutional policy. But such reasoning had no effect on the slow understanding and imperious temper of James. In his eagerness to remove the disabilities under which the professors of his religion lay, he took a course which convinced the most enlightened and tolerant Protestants of his time that those disabilities were essential to the safety of the state. To his policy the English Roman Catholics owed three years of lawless and insolent triumph, and a hundred and forty years of subjection and degradation.

Many members of his Church held commissions in the newly raised regiments. This breach of the law for a time passed uncensured: for men were not disposed to note every irregularity which was committed by a King suddenly called upon to defend his crown and his life against rebels. But the danger was now over. The insurgents had been vanquished and punished. Their unsuccessful attempt had strengthened the government which they had hoped to overthrow. Yet still James continued to grant commissions to unqualified persons; and speedily it was announced that he was determined to be no longer bound by the Test Act, that he hoped to induce the Parliament to repeal that Act, but that, if the Parliament proved refractory, he would not the less have his own way.

As soon as this was known, a deep murmur, the forerunner of a tempest, gave him warning that the spirit before which his grandfather, his father, and his brother had been compelled to recede, though dormant, was not extinct. Opposition appeared first in the cabinet. Halifax did not attempt to conceal his disgust and alarm. At the Council board he courageously gave utterance to those feelings which, as it soon appeared, pervaded the whole nation. None of his colleagues seconded him; and the subject dropped. He was summoned to the royal closet, and had two long conferences with his master. James tried the effect of compliments and blandishments, but to no purpose. Halifax positively refused to promise that he would give his vote in the House of Lords for the repeal either of the Test Act or of the Habeas Corpus Act.

Some of those who were about the King advised him not, on the eve of the meeting of Parliament, to drive the most eloquent and accomplished statesman of the age into opposition. They represented that Halifax loved the dignity and emoluments of office, that, while he continued to be Lord President, it would be hardly possible for him to put forth his whole strength against the government, and that to dismiss him from his high post was to emancipate him from all restraint. The King was peremptory. Halifax was informed that his services were no longer needed; and his name was struck out of the Council-Book. 9

His dismission produced a great sensation not only in England, but also at Paris, at Vienna, and at the Hague: for it was well known, that he had always laboured to counteract the influence exercised by the court of Versailles on English affairs. Lewis expressed great pleasure at the news. The ministers of the United Provinces and of the House of Austria, on the other hand, extolled the wisdom and virtue of the discarded statesman in a manner which gave great offence at Whitehall. James was particularly angry with the secretary of the imperial legation, who did not scruple to say that the eminent service which Halifax had performed in the debate on the Exclusion Bill had been requited with gross ingratitude. 10