The History of England, from the Accession of James II — Volume 4

Such was the Court of James, as described by a Roman Catholic. Yet, however disagreeable that Court may have been to a Roman Catholic, it was infinitely more disagreeable to a Protestant. For the Protestant had to endure, in addition to all the dulness of which the Roman Catholic complained, a crowd of vexations from which the Roman Catholic was free. In every competition between a Protestant and a Roman Catholic the Roman Catholic was preferred. In every quarrel between a Protestant and a Roman Catholic the Roman Catholic was supposed to be in the right. While the ambitious Protestant looked in vain for promotion, while the dissipated Protestant looked in vain for amusement, the serious Protestant looked in vain for spiritual instruction and consolation. James might, no doubt, easily have obtained permission for those members of the Church of England who had sacrificed every thing in his cause to meet privately in some modest oratory, and to receive the eucharistic bread and wine from the hands of one of their own clergy; but he did not wish his residence to be defiled by such impious rites. Doctor Dennis Granville, who had quitted the richest deanery, the richest archdeaconry and one of the richest livings in England, rather than take the oaths, gave mortal offence by asking leave to read prayers to the exiles of his own communion. His request was refused; and he was so grossly insulted by his master's chaplains and their retainers that he was forced to quit Saint Germains. Lest some other Anglican doctor should be equally importunate, James wrote to inform his agents in England that he wished no Protestant divine to come out to him. 422 Indeed the nonjuring clergy were at least as much sneered at and as much railed at in his palace as in his nephew's. If any man had a claim to be mentioned with respect at Saint Germains, it was surely Sancroft. Yet it was reported that the bigots who were assembled there never spoke of him but with aversion and disgust. The sacrifice of the first place in the Church, of the first place in the peerage, of the mansion at Lambeth and the mansion at Croydon, of immense patronage and of a revenue of more than five thousand a year was thought but a poor atonement for the great crime of having modestly remonstrated against the unconstitutional Declaration of Indulgence. Sancroft was pronounced to be just such a traitor and just such a penitent as Judas Iscariot. The old hypocrite had, it was said, while affecting reverence and love for his master, given the fatal signal to his master's enemies. When the mischief had been done and could not be repaired, the conscience of the sinner had begun to torture him. He had, like his prototype, blamed himself and bemoaned himself. He had, like his prototype, flung down his wealth at the feet of those whose instrument he had been. The best thing that he could now do was to make the parallel complete by hanging himself. 423

James seems to have thought that the strongest proof of kindness which he could give to heretics who had resigned wealth, country, family, for his sake, was to suffer them to be beset, on their dying beds, by his priests. If some sick man, helpless in body and in mind, and deafened by the din of bad logic and bad rhetoric, suffered a wafer to be thrust into his mouth, a great work of grace was triumphantly announced to the Court; and the neophyte was buried with all the pomp of religion. But if a royalist, of the highest rank and most stainless character, died professing firm attachment to the Church of England, a hole was dug in the fields; and, at dead of night, he was flung into it and covered up like a mass of carrion. Such were the obsequies of the Earl of Dunfermline, who had served the House of Stuart with the hazard of his life and to the utter ruin of his fortunes, who had fought at Killiecrankie, and who had, after the victory, lifted from the earth the still breathing remains of Dundee. While living he had been treated with contumely. The Scottish officers who had long served under him had in vain entreated that, when they were formed into a company, he might still be their commander. His religion had been thought a fatal disqualification. A worthless adventurer, whose only recommendation was that he was a Papist, was preferred. Dunfermline continued, during a short time, to make his appearance in the circle which surrounded the Prince whom he had served too well; but it was to no purpose. The bigots who ruled the Court refused to the ruined and expatriated Protestant Lord the means of subsistence; he died of a broken heart; and they refused him even a grave. 424

The insults daily offered at Saint Germains to the Protestant religion produced a great effect in England. The Whigs triumphantly asked whether it were not clear that the old tyrant was utterly incorrigible; and many even of the nonjurors observed his proceedings with shame, disgust and alarm. 425 The Jacobite party had, from the first, been divided into two sections, which, three or four years after the Revolution, began to be known as the Compounders and the Noncompounders. The Compounders were those who wished for a restoration, but for a restoration accompanied by a general amnesty, and by guarantees for the security of the civil and ecclesiastical constitution of the realm. The Noncompounders thought it downright Whiggery, downright rebellion; to take advantage of His Majesty's unfortunate situation for the purpose of imposing on him any condition. The plain duty of his subjects was to bring him back. What traitors he would punish and what traitors he would spare, what laws he would observe and with what laws he would dispense, were questions to be decided by himself alone. If he decided them wrongly, he must answer for his fault to heaven and not to his people.

The great body of the English Jacobites were more or less Compounders. The pure Noncompounders were chiefly to be found among the Roman Catholics, who, very naturally, were not solicitous to obtain any security for a religion which they thought heretical, or for a polity from the benefits of which they were excluded. There were also some Protestant nonjurors, such as Kettlewell and Hickes, who resolutely followed the theory of Filmer to all the extreme consequences to which it led. But, though Kettlewell tried to convince his countrymen that monarchical government had been ordained by God, not as a means of making them happy here, but as a cross which it was their duty to take up and bear in the hope of being recompensed for their sufferings hereafter, and though Hickes assured them that there was not a single Compounder in the whole Theban legion, very few churchmen were inclined to run the risk of the gallows merely for the purpose of reestablishing the High Commission and the Dispensing Power.

The Compounders formed the main strength of the Jacobite party in England; but the Noncompounders had hitherto had undivided sway at Saint Germains. No Protestant, no moderate Roman Catholic, no man who dared to hint that any law could bind the royal prerogative, could hope for the smallest mark of favour from the banished King. The priests and the apostate Melfort, the avowed enemy of the Protestant religion and of civil liberty, of Parliaments, of trial by jury and of the Habeas Corpus Act, were in exclusive possession of the royal ear. Herbert was called Chancellor, walked before the other officers of state, wore a black robe embroidered with gold, and carried a seal; but he was a member of the Church of England; and therefore he was not suffered to sit at the Council Board. 426

The truth is that the faults of James's head and heart were incurable. In his view there could be between him and his subjects no reciprocity of obligation. Their duty was to risk property, liberty, life, in order to replace him on the throne, and then to bear patiently whatever he chose to inflict upon them. They could no more pretend to merit before him than before God. When they had done all, they were still unprofitable servants. The highest praise due to the royalist who shed his blood on the field of battle or on the scaffold for hereditary monarchy was simply that he was not a traitor. After all the severe discipline which the deposed King had undergone, he was still as much bent on plundering and abasing the Church of England as on the day when he told the kneeling fellows of Magdalene to get out of his sight, or on the day when he sent the Bishops to the Tower. He was in the habit of declaring that he would rather die without seeing England again than stoop to capitulate with those whom he ought to command. 427 In the Declaration of April 1692 the whole man appears without disguise, full of his own imaginary rights, unable to understand how any body but himself can have any rights, dull, obstinate and cruel. Another paper which he drew up about the same time shows, if possible, still more clearly, how little he had profited by a sharp experience. In that paper he set forth the plan according to which he intended to govern when he should be restored. He laid it down as a rule that one Commissioner of the Treasury, one of the two Secretaries of State, the Secretary at War, the majority of the Great Officers of the Household, the majority of the Lords of the Bedchamber, the majority of the officers of the army, should always be Roman Catholics. 428

It was to no purpose that the most eminent Compounders sent from London letter after letter filled with judicious counsel and earnest supplication. It was to no purpose that they demonstrated in the plainest manner the impossibility of establishing Popish ascendancy in a country where at least forty-nine fiftieths of the population and much more than forty-nine fiftieths of the wealth and the intelligence were Protestant. It was to no purpose that they informed their master that the Declaration of April 1692 had been read with exultation by his enemies and with deep affliction by his friends, that it had been printed and circulated by the usurpers, that it had done more than all the libels of the Whigs to inflame the nation against him, and that it had furnished those naval officers who had promised him support with a plausible pretext for breaking faith with him, and for destroying the fleet which was to have convoyed him back to his kingdom. He continued to be deaf to the remonstrances of his best friends in England till those remonstrances began to be echoed at Versailles. All the information which Lewis and his ministers were able to obtain touching the state of our island satisfied them that James would never be restored unless he could bring himself to make large concessions to his subjects. It was therefore intimated to him, kindly and courteously, but seriously, that he would do well to change his counsels and his counsellors. France could not continue the war for the purpose of forcing a Sovereign on an unwilling nation. She was crushed by public burdens. Her trade and industry languished. Her harvest and her vintage had failed. The peasantry were starving. The faint murmurs of the provincial Estates began to be heard. There was a limit to the amount of the sacrifices which the most absolute prince could demand from those whom he ruled. However desirous the Most Christian King might be to uphold the cause of hereditary monarchy and of pure religion all over the world, his first duty was to his own kingdom; and, unless a counterrevolution speedily took place in England, his duty to his own kingdom might impose on him the painful necessity of treating with the Prince of Orange. It would therefore be wise in James to do without delay whatever he could honourably and conscientiously do to win back the hearts of his people.

Thus pressed, James unwillingly yielded. He consented to give a share in the management of his affairs to one of the most distinguished of the Compounders, Charles Earl of Middleton.

Middleton's family and his peerage were Scotch. But he was closely connected with some of the noblest houses of England; he had resided long in England; he had been appointed by Charles the Second one of the English Secretaries of State, and had been entrusted by James with the lead of the English House of Commons. His abilities and acquirements were considerable; his temper was easy and generous; his manners were popular; and his conduct had generally been consistent and honourable. He had, when Popery was in the ascendant, resolutely refused to purchase the royal favour by apostasy. Roman Catholic ecclesiastics had been sent to convert him; and the town had been much amused by the dexterity with which the layman baffled the divines. A priest undertook to demonstrate the doctrine of transubstantiation, and made the approaches in the usual form. "Your Lordship believes in the Trinity." "Who told you so?" said Middleton. "Not believe in the Trinity!" cried the priest in amazement. "Nay," said Middleton; "prove your religion to be true if you can; but do not catechize me about mine." As it was plain that the Secretary was not a disputant whom it was easy to take at an advantage, the controversy ended almost as soon as it began. 429 When fortune changed, Middleton adhered to the cause of hereditary monarchy with a stedfastness which was the more respectable because he would have had no difficulty in making his peace with the new government. His sentiments were so well known that, when the kingdom was agitated by apprehensions of an invasion and an insurrection, he was arrested and sent to the Tower; but no evidence on which he could be convicted of treason was discovered; and, when the dangerous crisis was past, he was set at liberty. It should seem indeed that, during the three years which followed the Revolution, he was by no means an active plotter. He saw that a Restoration could be effected only with the general assent of the nation, and that the nation would never assent to a Restoration without securities against Popery and arbitrary power. He therefore conceived that, while his banished master obstinately refused to give such securities, it would be worse than idle to conspire against the existing government.

Such was the man whom James, in consequence of strong representations from Versailles, now invited to join him in France. The great body of Compounders learned with delight that they were at length to be represented in the Council at Saint Germains by one of their favourite leaders. Some noblemen and gentlemen, who, though they had not approved of the deposition of James, had been so much disgusted by his perverse and absurd conduct that they had long avoided all connection with him, now began to hope that he had seen his error. They had refused to have any thing to do with Melfort; but they communicated freely with Middleton. The new minister conferred also with the four traitors whose infamy has been made preeminently conspicuous by their station, their abilities, and their great public services; with Godolphin, the great object of whose life was to be in favour with both the rival Kings at once, and to keep, through all revolutions and counterrevolutions, his head, his estate and a place at the Board of Treasury; with Shrewsbury, who, having once in a fatal moment entangled himself in criminal and dishonourable engagements, had not had the resolution to break through them; with Marlborough, who continued to profess the deepest repentance for the past and the best intentions for the future; and with Russell, who declared that he was still what he had been before the day of La Hogue, and renewed his promise to do what Monk had done, on condition that a general pardon should be granted to all political offenders, and that the royal power should be placed under strong constitutional restraints.

Before Middleton left England he had collected the sense of all the leading Compounders. They were of opinion that there was one expedient which would reconcile contending factions at home, and lead to the speedy pacification of Europe. This expedient was that James should resign the Crown in favour of the Prince of Wales, and that the Prince of Wales should be bred a Protestant. If, as was but too probable, His Majesty should refuse to listen to this suggestion, he must at least consent to put forth a Declaration which might do away the unfavourable impression made by his Declaration of the preceding spring. A paper such as it was thought expedient that he should publish was carefully drawn up, and, after much discussion, approved.

Early in the year 1693, Middleton, having been put in full possession of the views of the principal English Jacobites, stole across the Channel, and made his appearance at the Court of James. There was at that Court no want of slanderers and sneerers whose malignity was only the more dangerous because it wore a meek and sanctimonious air. Middleton found, on his arrival, that numerous lies, fabricated by the priests who feared and hated him, were already in circulation. Some Noncompounders too had written from London that he was at heart a Presbyterian and a republican. He was however very graciously received, and was appointed Secretary of State conjointly with Melfort. 430

It very soon appeared that James was fully resolved never to resign the Crown, or to suffer the Prince of Wales to be bred a heretic; and it long seemed doubtful whether any arguments or entreaties would induce him to sign the Declaration which his friends in England had prepared. It was indeed a document very different from any that had yet appeared under his Great Seal. He was made to promise that he would grant a free pardon to all his subjects who should not oppose him after he should land in the island; that, as soon as he was restored, he would call a Parliament; that he would confirm all such laws, passed during the usurpation, as the Houses should tender to him for confirmation; that he would waive his right to the chimney money; that he would protect and defend the Established Church in the enjoyment of all her possessions and privileges; that he would not again violate the Test Act; that he would leave it to the legislature to define the extent of his dispensing power; and that he would maintain the Act of Settlement in Ireland.

He struggled long and hard. He pleaded his conscience. Could a son of the Holy Roman Catholic and Apostolic Church bind himself to protect and defend heresy, and to enforce a law which excluded true believers from office? Some of the ecclesiastics who swarmed in his household told him that he could not without sin give any such pledge as his undutiful subjects demanded. On this point the opinion of Middleton, who was a Protestant, could be of no weight. But Middleton found an ally in one whom he regarded as a rival and an enemy. Melfort, scared by the universal hatred of which he knew himself to be the object, and afraid that he should be held accountable, both in England and in France, for his master's wrongheadedness, submitted the case to several eminent Doctors of the Sorbonne. These learned casuists pronounced the Declaration unobjectionable in a religious point of view. The great Bossuet, Bishop of Meaux, who was regarded by the Gallican Church as a father scarcely inferior in authority to Cyprian or Augustin, showed, by powerful arguments, both theological and political, that the scruple which tormented James was precisely of that sort against which a much wiser King had given a caution in the words, "Be not righteous overmuch." 431 The authority of the French divines was supported by the authority of the French government. The language held at Versailles was so strong that James began to be alarmed. What if Lewis should take serious offence, should think his hospitality ungratefully requited, should conclude a peace with the usurpers, and should request his unfortunate guests to seek another asylum? It was necessary to submit. On the seventeenth of April 1693 the Declaration was signed and sealed. The concluding sentence was a prayer. "We come to vindicate our own right and to establish the liberties of our people; and may God give us success in the prosecution of the one as we sincerely intend the confirmation of the other!" 432 The prayer was heard. The success of James was strictly proportioned to his sincerity. What his sincerity was we know on the best evidence. Scarcely had he called on heaven to witness the truth of his professions, when he directed Melfort to send a copy of the Declaration to Rome with such explanations as might satisfy the Pope. Melfort's letter ends thus: "After all, the object of this Declaration is only to get us back to England. We shall fight the battle of the Catholics with much greater advantage at Whitehall than at Saint Germains." 433

Meanwhile the document from which so much was expected had been despatched to London. There it was printed at a secret press in the house of a Quaker; for there was among the Quakers a party, small in number, but zealous and active, which had imbibed the politics of William Penn. 434 To circulate such a work was a service of some danger; but agents were found. Several persons were taken up while distributing copies in the streets of the city. A hundred packets were stopped in one day at the Post Office on their way to the fleet. But, after a short time, the government wisely gave up the endeavour to suppress what could not be suppressed, and published the Declaration at full length, accompanied by a severe commentary. 435

The commentary, however, was hardly needed. The Declaration altogether failed to produce the effect which Middleton had anticipated. The truth is that his advice had not been asked till it mattered not what advice he gave. If James had put forth such a manifesto in January 1689, the throne would probably not have been declared vacant. If he had put forth such a manifesto when he was on the coast of Normandy at the head of an army, he would have conciliated a large part of the nation, and he might possibly have been joined by a large part of the fleet. But both in 1689 and in 1692 he had held the language of an implacable tyrant; and it was now too late to affect tenderness of heart and reverence for the constitution of the realm. The contrast between the new Declaration and the preceding Declaration excited, not without reason, general suspicion and contempt. What confidence could be placed in the word of a Prince so unstable, of a Prince who veered from extreme to extreme? In 1692 nothing would satisfy him but the heads and quarters of hundreds of poor ploughmen and boatmen who had, several years before, taken some rustic liberties with him at which his grandfather Henry the Fourth would have had a hearty laugh. In 1693 the foulest and most ungrateful treasons were to be covered with oblivion. Caermarthen expressed the general sentiment. "I do not," he said, "understand all this. Last April I was to be hanged. This April I am to have a free pardon. I cannot imagine what I have done during the past year to deserve such goodness." The general opinion was that a snare was hidden under this unwonted clemency, this unwonted respect for law. The Declaration, it was said, was excellent; and so was the Coronation oath. Every body knew how King James had observed his Coronation oath; and every body might guess how he would observe his Declaration. While grave men reasoned thus, the Whig jesters were not sparing of their pasquinades. Some of the Noncompounders, meantime, uttered indignant murmurs. The King was in bad hands, in the hands of men who hated monarchy. His mercy was cruelty of the worst sort. The general pardon which he had granted to his enemies was in truth a general proscription of his friends. Hitherto the judges appointed by the usurper had been under a restraint, imperfect indeed, yet not absolutely nugatory. They had known that a day of reckoning might come, and had therefore in general dealt tenderly with the persecuted adherents of the rightful King. That restraint His Majesty had now taken away. He had told Holt and Treby that, till he should land in England, they might hang royalists without the smallest fear of being called to account. 436

But by no class of people was the Declaration read with so much disgust and indignation as by the native aristocracy of Ireland. This then was the reward of their loyalty. This was the faith of kings. When England had cast James out, when Scotland had rejected him, the Irish had still been true to him; and he had, in return, solemnly given his sanction to a law which restored to them an immense domain of which they had been despoiled. Nothing that had happened since that time had diminished their claim to his favour. They had defended his cause to the last; they had fought for him long after he had deserted them; many of them, when unable to contend longer against superior force, had followed him into banishment; and now it appeared that he was desirous to make peace with his deadliest enemies at the expense of his most faithful friends. There was much discontent in the Irish regiments which were dispersed through the Netherlands and along the frontiers of Germany and Italy. Even the Whigs allowed that, for once, the O's and Macs were in the right, and asked triumphantly whether a prince who had broken his word to his devoted servants could be expected to keep it to his foes? 437