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

Yet even this was a small evil compared with that which Protestants had good ground to apprehend. It seemed but too probable that the whole government of the Anglican Church would shortly pass into the hands of her deadly enemies. Three important sees had lately become vacant, that of York, that of Chester, and that of Oxford. The Bishopric of Oxford was given to Samuel Parker, a parasite, whose religion, if he had any religion, was that of Rome, and who called himself a Protestant only because he was encumbered with a wife. "I wished," the King said to Adda, "to appoint an avowed Catholic: but the time is not come. Parker is well inclined to us; he is one of us in feeling; and by degrees he will bring round his clergy." 92 The Bishopric of Chester, vacant by the death of John Pearson, a great name both in philology and in divinity, was bestowed on Thomas Cartwright, a still viler sycophant than Parker. The Archbishopric of York remained several years vacant. As no good reason could be found for leaving so important a place unfilled, men suspected that the nomination was delayed only till the King could venture to place the mitre on the head of an avowed Papist. It is indeed highly probable that the Church of England was saved from this outrage by the good sense and good feeling of the Pope. Without a special dispensation from Rome no Jesuit could be a Bishop; and Innocent could not be induced to grant such a dispensation to Petre.

James did not even make any secret of his intention to exert vigorously and systematically for the destruction of the Established Church all the powers which he possessed as her head. He plainly said that, by a wise dispensation of Providence, the Act of Supremacy would be the means of healing the fatal breach which it had caused. Henry and Elizabeth had usurped a dominion which rightfully belonged to the Holy See. That dominion had, in the course of succession, descended to an orthodox prince, and would be held by him in trust for the Holy See. He was authorised by law to repress spiritual abuses; and the first spiritual abuse which he would repress should be the liberty which the Anglican clergy assumed of defending their own religion and of attacking the doctrines of Rome. 93

But he was met by a great difficulty. The ecclesiastical supremacy which had devolved on him, was by no means the same great and terrible prerogative which Elizabeth, James the First, and Charles the First had possessed. The enactment which annexed to the crown an almost boundless visitatorial authority over the Church, though it had never been formally repealed, had really lost a great part of its force. The substantive law remained; but it remained unaccompanied by any formidable sanction or by any efficient system of procedure, and was therefore little more than a dead letter.

The statute, which restored to Elizabeth the spiritual dominion assumed by her father and resigned by her sister, contained a clause authorising the sovereign to constitute a tribunal which might investigate, reform, and punish all ecclesiastical delinquencies. Under the authority given by this clause, the Court of High Commission was created. That court was, during many years, the terror of Nonconformists, and, under the harsh administration of Laud, became an object of fear and hatred even to those who most loved the Established Church. When the Long Parliament met, the High Commission was generally regarded as the most grievous of the many grievances under which the nation laboured. An act was therefore somewhat hastily passed, which not only took away from the Crown the power of appointing visitors to superintend the Church, but abolished all ecclesiastical courts without distinction.

After the Restoration, the Cavaliers who filled the House of Commons, zealous as they were for the prerogative, still remembered with bitterness the tyranny of the High Commission, and were by no means disposed to revive an institution so odious. They at the same time thought, and not without reason, that the statute which had swept away all the courts Christian of the realm, without providing any substitute, was open to grave objection. They accordingly repealed that statute, with the exception of the part which related to the High Commission. Thus, the Archidiaconal Courts, the Consistory Courts, the Court of Arches, the Court of Peculiars, and the Court of Delegates were revived: but the enactment by which Elizabeth and her successors had been empowered to appoint Commissioners with visitatorial authority over the Church was not only not revived, but was declared, with the utmost strength of language, to be completely abrogated. It is therefore as clear as any point of constitutional law can be that James the Second was not competent to appoint a Commission with power to visit and govern the Church of England. 94 But, if this were so, it was to little purpose that the Act of Supremacy, in high sounding words, empowered him to amend what was amiss in that Church. Nothing but a machinery as stringent as that which the Long Parliament had destroyed could force the Anglican clergy to become his agents for the destruction of the Anglican doctrine and discipline. He therefore, as early as the month of April 1686, determined to create a new Court of High Commission. This design was not immediately executed. It encountered the opposition of every minister who was not devoted to France and to the Jesuits. It was regarded by lawyers as an outrageous violation of the law, and by Churchmen as a direct attack upon the Church. Perhaps the contest might have lasted longer, but for an event which wounded the pride and inflamed the rage of the King. He had, as supreme ordinary, put forth directions, charging the clergy of the establishment to abstain from touching in their discourses on controverted points of doctrine. Thus, while sermons in defence of the Roman Catholic religion were preached on every Sunday and holiday within the precincts of the royal palaces, the Church of the state, the Church of the great majority of the nation, was forbidden to explain and vindicate her own principles. The spirit of the whole clerical order rose against this injustice. William Sherlock, a divine of distinguished abilities, who had written with sharpness against Whigs and Dissenters, and had been rewarded by the government with the Mastership of the Temple and with a pension, was one of the first who incurred the royal displeasure. His pension was stopped, and he was severely reprimanded. 95 John Sharp, Dean of Norwich and Rector of St. Giles's in the Fields, soon gave still greater offence. He was a man of learning and fervent piety, a preacher of great fame, and an exemplary parish priest. In politics he was, like most of his brethren, a Tory, and had just been appointed one of the royal chaplains. He received an anonymous letter which purported to come from one of his parishioners who had been staggered by the arguments of Roman Catholic theologians, and who was anxious to be satisfied that the Church of England was a branch of the true Church of Christ. No divine, not utterly lost to all sense of religious duty and of professional honour, could refuse to answer such a call. On the following Sunday Sharp delivered an animated discourse against the high pretensions of the see of Rome. Some of his expressions were exaggerated, distorted, and carried by talebearers to Whitehall. It was falsely said that he had spoken with contumely of the theological disquisitions which had been found in the strong box of the late King, and which the present King had published. Compton, the Bishop of London, received orders from Sunderland to suspend Sharp till the royal pleasure should be further known. The Bishop was in great perplexity. His recent conduct in the House of Lords had given deep offence to the court. Already his name had been struck out of the list of Privy Councillors. Already he had been dismissed from his office in the royal chapel. He was unwilling to give fresh provocation but the act which he was directed to perform was a judicial act. He felt that it was unjust, and he was assured by the best advisers that it was also illegal, to inflict punishment without giving any opportunity for defence. He accordingly, in the humblest terms, represented his difficulties to the King, and privately requested Sharp not to appear in the pulpit for the present. Reasonable as were Compton's scruples, obsequious as were his apologies, James was greatly incensed. What insolence to plead either natural justice or positive law in opposition to an express command of the Sovereign Sharp was forgotten. The Bishop became a mark for the whole vengeance of the government. 96 The King felt more painfully than ever the want of that tremendous engine which had once coerced refractory ecclesiastics. He probably knew that, for a few angry words uttered against his father's government, Bishop Williams had been suspended by the High Commission from all ecclesiastical dignities and functions. The design of reviving that formidable tribunal was pushed on more eagerly than ever. In July London was alarmed by the news that the King had, in direct defiance of two acts of Parliament drawn in the strongest terms, entrusted the whole government of the Church to seven Commissioners. 97 The words in which the jurisdiction of these officers was described were loose, and might be stretched to almost any extent. All colleges and grammar schools, even those founded by the liberality of private benefactors, were placed under the authority of the new board. All who depended for bread on situations in the Church or in academical institutions, from the Primate down to the youngest curate, from the Vicechancellors of Oxford and Cambridge down to the humblest pedagogue who taught Corderius, were at the royal mercy. If any one of those many thousands was suspected of doing or saying anything distasteful to the government, the Commissioners might cite him before them. In their mode of dealing with him they were fettered by no rules. They were themselves at once prosecutors and judges. The accused party was furnished with no copy of the charge. He was examined and crossexamined. If his answers did not give satisfaction, he was liable to be suspended from his office, to be ejected from it, to be pronounced incapable of holding any preferment in future. If he were contumacious, he might be excommunicated, or, in other words, be deprived of all civil rights and imprisoned for life. He might also, at the discretion of the court, be loaded with all the costs of the proceeding by which he had been reduced to beggary. No appeal was given. The Commissioners were directed to execute their office notwithstanding any law which might be, or might seem to be, inconsistent with these regulations. Lastly, lest any person should doubt that it was intended to revive that terrible court from which the Long Parliament had freed the nation, the new tribunal was directed to use a seal bearing exactly the same device and the same superscription with the seal of the old High Commission. 98

The chief Commissioner was the Chancellor. His presence and assent were necessary to every proceeding. All men knew how unjustly, insolently, and barbarously he had acted in courts where he had been, to a certain extent, restrained by the known laws of England. It was, therefore, not difficult to foresee how he would conduct himself in a situation in which he was at entire liberty to make forms of procedure and rules of evidence for himself.

Of the other six Commissioners three were prelates and three laymen. The name of Archbishop Sancroft stood first. But he was fully convinced that the court was illegal, that all its judgments would be null, and that by sitting in it he should incur a serious responsibility. He therefore determined not to comply with the royal mandate. He did not, however, act on this occasion with that courage and sincerity which he showed when driven to extremity two years later. He begged to be excused on the plea of business and ill health. The other members of the board, he added, were men of too much ability to need his assistance. These disingenuous apologies ill became the Primate of all England at such a crisis; nor did they avert the royal displeasure. Sancroft's name was not indeed struck out of the list of Privy Councillors: but, to the bitter mortification of the friends of the Church, he was no longer summoned on Council days. "If," said the King, "he is too sick or too busy to go to the Commission, it is a kindness to relieve him from attendance at Council." 99

The government found no similar difficulty with Nathaniel Crewe, Bishop of the great and opulent see of Durham, a man nobly born, and raised so high in his profession that he could scarcely wish to rise higher, but mean, vain, and cowardly. He had been made Dean of the Chapel Royal when the Bishop of London was banished from the palace. The honour of being an Ecclesiastical Commissioner turned Crewe's head. It was to no purpose that some of his friends represented to him the risk which he ran by sitting in an illegal tribunal. He was not ashamed to answer that he could not live out of the royal smile, and exultingly expressed his hope that his name would appear in history, a hope which has not been altogether disappointed. 100

Thomas Sprat, Bishop of Rochester, was the third clerical Commissioner. He was a man to whose talents posterity has scarcely done justice. Unhappily for his fame, it has been usual to print his verses in collections of the British poets; and those who judge of him by his verses must consider him as a servile imitator, who, without one spark of Cowley's admirable genius, mimicked whatever was least commendable in Cowley's manner: but those who are acquainted with Sprat's prose writings will form a very different estimate of his powers. He was indeed a great master of our language, and possessed at once the eloquence of the orator, of the controversialist, and of the historian. His moral character might have passed with little censure had he belonged to a less sacred profession; for the worst that can be said of him is that he was indolent, luxurious, and worldly: but such failings, though not commonly regarded as very heinous in men of secular callings, are scandalous in a prelate. The Archbishopric of York was vacant; Sprat hoped to obtain it, and therefore accepted a seat at the ecclesiastical board: but he was too goodnatured a man to behave harshly; and he was too sensible a man not to know that he might at some future time be called to a serious account by a Parliament. He therefore, though he consented to act, tried to do as little mischief, and to make as few enemies, as possible. 101

The three remaining Commissioners were the Lord Treasurer, the Lord President, and the Chief Justice of the King's Bench. Rochester, disapproving and murmuring, consented to serve. Much as he had to endure at the court, he could not bear to quit it. Much as he loved the Church, he could not bring himself to sacrifice for her sake his white staff, his patronage, his salary of eight thousand pounds a year, and the far larger indirect emoluments of his office. He excused his conduct to others, and perhaps to himself, by pleading that, as a Commissioner, he might be able to prevent much evil, and that, if he refused to act, some person less attached to the Protestant religion would be found to replace him. Sunderland was the representative of the Jesuitical cabal. Herbert's recent decision on the question of the dispensing power seemed to prove that he would not flinch from any service which the King might require.

As soon as the Commission had been opened, the Bishop of London was cited before the new tribunal. He appeared. "I demand of you," said Jeffreys, "a direct and positive answer. Why did not you suspend Dr. Sharp?"

The Bishop requested a copy of the Commission in order that he might know by what authority he was thus interrogated. "If you mean," said Jeffreys, "to dispute our authority, I shall take another course with you. As to the Commission, I do not doubt that you have seen it. At all events you may see it in any coffeehouse for a penny." The insolence of the Chancellor's reply appears to have shocked the other Commissioners, and he was forced to make some awkward apologies. He then returned to the point from which he had started. "This," he said, "is not a court in which written charges are exhibited. Our proceedings are summary, and by word of mouth. The question is a plain one. Why did you not obey the King?" With some difficulty Compton obtained a brief delay, and the assistance of counsel. When the case had been heard, it was evident to all men that the Bishop had done only what he was bound to do. The Treasurer, the Chief Justice, and Sprat were for acquittal. The King's wrath was moved. It seemed that his Ecclesiastical Commission would fail him as his Tory Parliament had failed him. He offered Rochester a simple choice, to pronounce the Bishop guilty, or to quit the Treasury. Rochester was base enough to yield. Compton was suspended from all spiritual functions; and the charge of his great diocese was committed to his judges, Sprat and Crewe. He continued, however, to reside in his palace and to receive his revenues; for it was known that, had any attempt been made to deprive him of his temporalities, he would have put himself under the protection of the common law; and Herbert himself declared that, at common law, judgment must be given against the crown. This consideration induced the King to pause. Only a few weeks had elapsed since he had packed the courts of Westminster Hall in order to obtain a decision in favour of his dispensing power. He now found that, unless he packed them again, he should not be able to obtain a decision in favour of the proceedings of his Ecclesiastical Commission. He determined, therefore, to postpone for a short time the confiscation of the freehold property of refractory clergymen. 102

The temper of the nation was indeed such as might well make him hesitate. During some months discontent had been steadily and rapidly increasing. The celebration of the Roman Catholic worship had long been prohibited by Act of Parliament. During several generations no Roman Catholic clergyman had dared to exhibit himself in any public place with the badges of his office. Against the regular clergy, and against the restless and subtle Jesuits by name, had been enacted a succession of rigorous statutes. Every Jesuit who set foot in this country was liable to be hanged, drawn, and quartered. A reward was offered for his detection. He was not allowed to take advantage of the general rule, that men are not bound to accuse themselves. Whoever was suspected of being a Jesuit might be interrogated, and, if he refused to answer, might be sent to prison for life. 103 These laws, though they had not, except when there was supposed to be some peculiar danger, been strictly executed, and though they had never prevented Jesuits from resorting to England, had made disguise necessary. But all disguise was now thrown off. Injudicious members of the King's Church, encouraged by him, took a pride in defying statutes which were still of undoubted validity, and feelings which had a stronger hold of the national mind than at any former period. Roman Catholic chapels rose all over the country. Cowls, girdles of ropes, and strings of beads constantly appeared in the streets, and astonished a population, the oldest of whom had never seen a conventual garb except on the stage. A convent rose at Clerkenwell on the site of the ancient cloister of Saint John. The Franciscans occupied a mansion in Lincoln's Inn Fields. The Carmelites were quartered in the City. A society of Benedictine monks was lodged in Saint James's Palace. In the Savoy a spacious house, including a church and a school, was built for the Jesuits. 104 The skill and care with which those fathers had, during several generations, conducted the education of youth, had drawn forth reluctant praises from the wisest Protestants. Bacon had pronounced the mode of instruction followed in the Jesuit colleges to be the best yet known in the world, and had warmly expressed his regret that so admirable a system of intellectual and moral discipline should be subservient to the interests of a corrupt religion. 105 It was not improbable that the new academy in the Savoy might, under royal patronage, prove a formidable rival to the great foundations of Eton, Westminster, and Winchester. Indeed, soon after the school was opened, the classes consisted of four hundred boys, about one half of whom were Protestants. The Protestant pupils were not required to attend mass: but there could be no doubt that the influence of able preceptors, devoted to the Roman Catholic Church, and versed in all the arts which win the confidence and affection of youth, would make many converts.

These things produced great excitement among the populace, which is always more moved by what impresses the senses than by what is addressed to the reason. Thousands of rude and ignorant men, to whom the dispensing power and the Ecclesiastical Commission were words without a meaning, saw with dismay and indignation a Jesuit college rising on the banks of the Thames, friars in hoods and gowns walking in the Strand, and crowds of devotees pressing in at the doors of temples where homage was paid to graven images. Riots broke out in several parts of the country. At Coventry and Worcester the Roman Catholic worship was violently interrupted. 106 At Bristol the rabble, countenanced, it was said, by the magistrates, exhibited a profane and indecent pageant, in which the Virgin Mary was represented by a buffoon, and in which a mock host was carried in procession. The garrison was called out to disperse the mob. The mob, then and ever since one of the fiercest in the kingdom, resisted. Blows were exchanged, and serious hurts inflicted. 107 The agitation was great in the capital, and greater in the City, properly so called, than at Westminster. For the people of Westminster had been accustomed to see among them the private chapels of Roman Catholic Ambassadors: but the City had not, within living memory, been polluted by any idolatrous exhibition. Now, however, the resident of the Elector Palatine, encouraged by the King, fitted up a chapel in Lime Street. The heads of the corporation, though men selected for office on account of their known Toryism, protested against this proceeding, which, as they said, the ablest gentlemen of the long robe regarded as illegal. The Lord Mayor was ordered to appear before the Privy Council. "Take heed what you do," said the King. "Obey me; and do not trouble yourself either about gentlemen of the long robe or gentlemen of the short robe." The Chancellor took up the word, and reprimanded the unfortunate magistrate with the genuine eloquence of the Old Bailey bar. The chapel was opened. All the neighbourhood was soon in commotion. Great crowds assembled in Cheapside to attack the new mass house. The priests were insulted. A crucifix was taken out of the building and set up on the parish pump. The Lord Mayor came to quell the tumult, but was received with cries of "No wooden gods." The trainbands were ordered to disperse the crowd: but they shared in the popular feeling; and murmurs were heard from the ranks, "We cannot in conscience fight for Popery." 108

The Elector Palatine was, like James, a sincere and zealous Catholic, and was, like James, the ruler of a Protestant people; but the two princes resembled each other little in temper and understanding. The Elector had promised to respect the rights of the Church which he found established in his dominions. He had strictly kept his word, and had not suffered himself to be provoked to any violence by the indiscretion of preachers who, in their antipathy to his faith, occasionally forgot the respect which they owed to his person. 109 He learned, with concern, that great offence had been given to the people of London by the injudicious act of his representative, and, much to his honour, declared that he would forego the privilege to which, as a sovereign prince, he was entitled, rather than endanger the peace of a great city. "I, too," he wrote to James, "have Protestant subjects; and I know with how much caution and delicacy it is necessary that a Catholic prince so situated should act." James, instead of expressing gratitude for this humane and considerate conduct, turned the letter into ridicule before the foreign ministers. It was determined that the Elector should have a chapel in the City whether he would or not, and that, if the trainbands refused to do their duty, their place should be supplied by the Guards. 110