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

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