Volume 2 — CHAPTER VIII (continued 2)

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

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

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

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

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

As soon as the questions got abroad, a form of answer, drawn up with admirable skill, was circulated all over the kingdom, and was generally adopted. It was to the following effect: "As a member of the House of Commons, should I have the honour of a seat there, I shall think it my duty carefully to weigh such reasons as may be adduced in debate for and against a Bill of Indulgence, and then to vote according to my conscientious conviction. As an elector, I shall give my support to candidates whose notions of the duty of a representative agree with my own. As a private man, it is my wish to live in peace and charity with every body." This answer, far more provoking than a direct refusal, because slightly tinged with a sober and decorous irony which could not well be resented, was all that the emissaries of the court could extract from most of the country gentlemen. Arguments, promises, threats, were tried in vain. The Duke of Norfolk, though a Protestant, and though dissatisfied with the proceedings of the government, had consented to become its agent in two counties. He went first to Surrey, where he soon found that nothing could be done. 322 He then repaired to Norfolk, and returned to inform the King that, of seventy gentlemen of note who bore office in that great province, only six had held out hopes that they should support the policy of the court. 323 The Duke of Beaufort, whose authority extended over four English shires and over the whole principality of Wales, came up to Whitehall with an account not less discouraging. 324 Rochester was Lord Lieutenant of Hertfordshire. All his little stock of virtue had been expended in his struggle against the strong temptation to sell his religion for lucre. He was still bound to the court by a pension of four thousand pounds a year; and in return for this pension he was willing to perform any service, however illegal or degrading, provided only that he were not required to go through the forms of a reconciliation with Rome. He had readily undertaken to manage his county; and he exerted himself, as usual, with indiscreet heat and violence. But his anger was thrown away on the sturdy squires to whom he addressed himself. They told him with one voice that they would send up no man to Parliament who would vote for taking away the safeguards of the Protestant religion. 325 The same answer was given to the Chancellor in Buckinghamshire. 326 The gentry of Shropshire, assembled at Ludlow, unanimously refused to fetter themselves by the pledge which the King demanded of them. 327 The Earl of Yarmouth reported from Wiltshire that, of sixty magistrates and Deputy Lieutenants with whom he had conferred, only seven had given favourable answers, and that even those seven could not be trusted. 328 The renegade Peterborough made no progress in Northamptonshire. 329 His brother renegade Dover was equally unsuccessful in Cambridgeshire. 330 Preston brought cold news from Cumberland and Westmoreland. Dorsetshire and Huntingdonshire were animated by the same spirit. The Earl of Bath, after a long canvass, returned from the West with gloomy tidings. He had been authorised to make the most tempting offers to the inhabitants of that region. In particular he had promised that, if proper respect were shown to the royal wishes, the trade in tin should be freed from the oppressive restrictions under which it lay. But this lure, which at another time would have proved irresistible, was now slighted. All the justices and Deputy Lieutenants of Devonshire and Cornwall, without a single dissenting voice, declared that they would put life and property in jeopardy for the King, but that the Protestant religion was dearer to them than either life or property. "And, sir," said Bath, "if your Majesty should dismiss all these gentlemen, their successors would give exactly the same answer." 331 If there was any district in which the government might have hoped for success, that district was Lancashire. Considerable doubts had been felt as to the result of what was passing there. In no part of the realm had so many opulent and honourable families adhered to the old religion. The heads of many of those families had already, by virtue of the dispensing power, been made justices of the Peace and entrusted with commands in the militia. Yet from Lancashire the new Lord Lieutenant, himself a Roman Catholic, reported that two thirds of his deputies and of the magistrates were opposed to the court. 332 But the proceedings in Hampshire wounded the King's pride still more deeply. Arabella Churchill had, more than twenty years before, borne him a son, widely renowned, at a later period, as one of the most skilful captains of Europe. The youth, named James Fitzjames, had as yet given no promise of the eminence which he afterwards attained: but his manners were so gentle and inoffensive that he had no enemy except Mary of Modena, who had long hated the child of the concubine with the bitter hatred of a childless wife. A small part of the Jesuitical faction had, before the pregnancy of the Queen was announced, seriously thought of setting him up as a competitor of the Princess of Orange. 333 When it is remembered how signally Monmouth, though believed by the populace to be legitimate, and though the champion of the national religion, had failed in a similar competition, it must seem extraordinary that any man should have been so much blinded by fanaticism as to think of placing on the throne one who was universally known to be a Popish bastard. It does not appear that this absurd design was ever countenanced by the King. The boy, however, was acknowledged; and whatever distinctions a subject, not of the royal blood, could hope to attain were bestowed on him. He had been created Duke of Berwick; and he was now loaded with honourable and lucrative employments, taken from those noblemen who had refused to comply with the royal commands. He succeeded the Earl of Oxford as Colonel of the Blues, and the Earl of Gainsborough as Lord Lieutenant of Hampshire, Ranger of the New Forest, and Governor of Portsmouth. On the frontier of Hampshire Berwick expected to have been met, according to custom, by a long cavalcade of baronets, knights and squires: but not a single person of note appeared to welcome him. He sent out letters commanding the attendance of the gentry: but only five or six paid the smallest attention to his summons. The rest did not wait to be dismissed. They declared that they would take no part in the civil or military government of their county while the King was represented there by a Papist, and voluntarily laid down their commissions. 334

Sunderland, who had been named Lord Lieutenant of Warwickshire in the room of the Earl of Northampton, found some excuse for not going down to face the indignation and contempt of the gentry of that shire; and his plea was the more readily admitted because the King had, by that time, begun to feel that the spirit of the rustic gentry was not to be bent. 335

It is to be observed that those who displayed this spirit were not the old enemies of the House of Stuart. The Commissions of Peace and Lieutenancy had long been carefully purged of all republican names. The persons from whom the court had in vain attempted to extract any promise of support were, with scarcely an exception, Tories. The elder among them could still show scars given by the swords of Roundheads, and receipts for plate sent to Charles the First in his distress. The younger had adhered firmly to James against Shaftesury and Monmouth. Such were the men who were now turned out of office in a mass by the very prince to whom they had given such signal proofs of fidelity. Dismission however only made them more resolute. It had become a sacred point of honour among them to stand stoutly by one another in this crisis. There could be no doubt that, if the suffrage of the freeholders were fairly taken, not a single knight of the shire favourable to the policy of the government would be returned. Men therefore asked one another, with no small anxiety, whether the suffrages were likely to be fairly taken. The list of the Sheriffs for the new year was impatiently expected. It appeared while the Lords Lieutenants were still engaged in their canvass, and was received with a general cry of alarm and indignation. Most of the functionaries who were to preside at the county elections were either Roman Catholics or Protestant Dissenters who had expressed their approbation of the Indulgence. 336 For a time the most gloomy apprehensions prevailed: but soon they began to subside. There was good reason to believe that there was a point beyond which the King could not reckon on the support even of those Sheriffs who were members of his own Church. Between the Roman Catholic courtier and the Roman Catholic country gentleman there was very little sympathy. That cabal which domineered at Whitehall consisted partly of fanatics, who were ready to break through all rules of morality and to throw the world into confusion for the purpose of propagating their religion, and partly of hypocrites, who, for lucre, had apostatized from the faith in which they had been brought up, and who now over acted the zeal characteristic of neophytes. Both the fanatical and the hypocritical courtiers were generally destitute of all English feeling. In some of them devotion to their Church had extinguished every national sentiment. Some were Irishmen, whose patriotism consisted in mortal hatred of the Saxon conquerors of Ireland. Some, again, were traitors, who received regular hire from a foreign power. Some had passed a great part of their lives abroad, and either were mere cosmopolites, or felt a positive distaste for the manners and institutions of the country which was now subjected to their rule. Between such men and the lord of a Cheshire or Staffordshire manor who adhered to the old Church there was scarcely anything in common. He was neither a fanatic nor a hypocrite. He was a Roman Catholic because his father and grandfather had been so; and he held his hereditary faith, as men generally hold a hereditary faith, sincerely, but with little enthusiasm. In all other points he was a mere English squire, and, if he differed from the neighbouring squires, differed from them by being somewhat more simple and clownish than they. The disabilities under which he lay had prevented his mind from expanding to the standard, moderate as that standard was, which the minds of Protestant country gentlemen then ordinarily attained. Excluded, when a boy, from Eton and Westminster, when a youth, from Oxford and Cambridge, when a man, from Parliament and from the bench of justice, he generally vegetated as quietly as the elms of the avenue which led to his ancestral grange. His cornfields, his dairy and his cider press, his greyhounds, his fishing rod and his gun, his ale and his tobacco, occupied almost all his thoughts. With his neighbours, in spite of his religion, he was generally on good terms. They knew him to be unambitious and inoffensive. He was almost always of a good old family. He was always a Cavalier. His peculiar notions were not obtruded, and caused no annoyance. He did not, like a Puritan, torment himself and others with scruples about everything that was pleasant. On the contrary, he was as keen a sportsman, and as jolly a boon companion, as any man who had taken the oath of supremacy and the declaration against transubstantiation. He met his brother squires at the cover, was in with them at the death, and, when the sport was over, took them home with him to a venison pasty and to October four years in bottle. The oppressions which he had undergone had not been such as to impel him to any desperate resolution. Even when his Church was barbarously persecuted, his life and property were in little danger. The most impudent false witnesses could hardly venture to shock the common sense of mankind by accusing him of being a conspirator. The Papists whom Oates selected for attack were peers, prelates, Jesuits, Benedictines, a busy political agent, a lawyer in high practice, a court physician. The Roman Catholic country gentleman, protected by his obscurity, by his peaceable demeanour, and by the good will of those among whom he lived, carted his hay or filled his bag with game unmolested, while Coleman and Langhorne, Whitbread and Pickering, Archbishop Plunkett and Lord Stafford, died by the halter or the axe. An attempt was indeed made by a knot of villains to bring home a charge of treason to Sir Thomas Gascoigne, an aged Roman Catholic baronet of Yorkshire: but twelve of the best gentlemen of the West Riding, who knew his way of life, could not be convinced that their honest old acquaintance had hired cutthroats to murder the King, and, in spite of charges which did very little honour to the bench, found a verdict of Not Guilty. Sometimes, indeed, the head of an old and respectable provincial family might reflect with bitterness that he was excluded, on account of his religion, from places of honour and authority which men of humbler descent and less ample estate were thought competent to fill: but he was little disposed to risk land and life in a struggle against overwhelming odds; and his honest English spirit would have shrunk with horror from means such as were contemplated by the Petres and Tyrconnels. Indeed he would have been as ready as any of his Protestant neighbours to gird on his sword, and to put pistols in his holsters, for the defence of his native land against an invasion of French or Irish Papists. Such was the general character of the men to whom James now looked as to his most trustworthy instruments for the conduct of county elections. He soon found that they were not inclined to throw away the esteem of their neighbours, and to endanger their beads and their estates, by rendering him an infamous and criminal service. Several of them refused to be Sheriffs. Of those who accepted the shrievalty many declared that they would discharge their duty as fairly as if they were members of the Established Church, and would return no candidate who had not a real majority. 337

If the King could place little confidence even in his Roman Catholic Sheriffs, still less could he rely on the Puritans. Since the publication of the Declaration several months had elapsed, months crowded with important events, months of unintermitted controversy. Discussion had opened the eyes of many Dissenters: but the acts of the government, and especially the severity with which Magdalene College had been treated, had done more than even the pen of Halifax to alarm and to unite all classes of Protestants. Most of those sectaries who had been induced to express gratitude for the Indulgence were now ashamed of their error, and were desirous of making atonement by casting in their lot with the great body of their countrymen.

The consequence of this change in the feeling of the Nonconformists, was that the government found almost as great difficulty in the towns as in the counties. When the regulators began their work, they had taken it for granted that every Dissenter who had been induced to express gratitude for the Indulgence would be favourable to the king's policy. They were therefore confident that they should be able to fill all the municipal offices in the kingdom with staunch friends. In the new charters a power had been reserved to the crown of dismissing magistrates at pleasure. This power was now exercised without limit. It was by no means equally clear that James had the power of appointing new magistrates: but, whether it belonged to him or not, he determined to assume it. Everywhere, from the Tweed to the Land's End, Tory functionaries were ejected, and the vacant places were filled with Presbyterians, Independents, and Baptists. In the new charter of the City of London the crown had reserved the power of displacing the masters, wardens, and assistants of all the companies. Accordingly more than eight hundred citizens of the first consideration, all of them members of that party which had opposed the Exclusion Bill, were turned out of office by a single edict. In a short time appeared a supplement to this long list. 338 But scarcely had the new officebearers been sworn in when it was discovered that they were as unmanageable as their predecessors. At Newcastle on Tyne the regulators appointed a Roman Catholic Mayor and Puritan Alderman. No doubt was entertained that the municipal body, thus remodelled, would vote an address promising to support the king's measures. The address, however, was negatived. The mayor went up to London in a fury, and told the king that the Dissenters were all knaves and rebels, and that in the whole corporation the government could not reckon on more than four votes. 339 At Reading twenty-four Tory aldermen were dismissed. Twenty-four new aldermen were appointed. Twenty-three of these immediately declared against the Indulgence, and were dismissed in their turn. 340 In the course of a few days the borough of Yarmouth was governed by three different sets of magistrates, all equally hostile to the court. 341 These are mere examples of what was passing all over the kingdom. The Dutch Ambassador informed the States that at many towns the public functionaries had, within one month, been changed twice, and even thrice, and yet changed in vain. 342 From the records of the Privy Council it appears that the number of regulations, as they were called, exceeded two hundred. 343 The regulators indeed found that, in not a few places, the change had been for the worse. The discontented Tories, even while murmuring against the king's policy, had constantly expressed respect for his person and his office, and had disclaimed all thoughts of resistance. Very different was the language of some of the new members of corporations. It was said that old soldiers of the Commonwealth, who, to their own astonishment and that of the public, had been made aldermen, gave the agents of the court very distinctly to understand that blood should flow before Popery and arbitrary power were established in England. 344

The regulators found that little or nothing had been gained by what had as yet been done. There was one way, and one way only, in which they could hope to effect their object. The charters of the boroughs must be resumed; and other charters must be granted confining the elective franchise to very small constituent bodies appointed by the sovereign. 345

But how was this plan to be carried into effect? In a few of the new charters, indeed, a right of revocation had been reserved to the crown: but the rest James could get into his hands only by voluntary surrender on the part of corporations, or by judgment of the King's Bench. Few corporations were now disposed to surrender their charters voluntarily; and such judgments as would suit the purposes of the government were hardly to be expected even from such a slave as Wright. The writs of Quo Warranto which had been brought a few years before for the purpose of crushing the Whig party had been condemned by every impartial man. Yet those writs had at least the semblance of justice; for they were brought against ancient municipal bodies; and there were few ancient municipal bodies in which some abuse, sufficient to afford a pretext for a penal proceeding, had not grown up in the course of ages. But the corporations now to be attacked were still in the innocence of infancy. The oldest among them had not completed its fifth year. It was impossible that many of them should have committed offences meriting disfranchisement. The Judges themselves were uneasy. They represented that what they were required to do was in direct opposition to the plainest principles of law and justice: but all remonstrance was vain. The boroughs were commanded to surrender their charters. Few complied; and the course which the King took with those few did not encourage others to trust him. In several towns the right of voting was taken away from the commonalty, and given to a very small number of persons, who were required to bind themselves by oath to support the candidates recommended by the government. At Tewkesbury, for example, the franchise was confined to thirteen persons. Yet even this number was too large. Hatred and fear had spread so widely through the community that it was scarcely possible to bring together in any town, by any process of packing, thirteen men on whom the court could absolutely depend. It was rumoured that the majority of the new constituent body of Tewkesbury was animated by the same sentiment which was general throughout the nation, and would, when the decisive day should arrive, send true Protestants to Parliament. The regulators in great wrath threatened to reduce the number of electors to three. 346 Meanwhile the great majority of the boroughs firmly refused to give up their privileges. Barnstaple, Winchester, and Buckingham, distinguished themselves by the boldness of their opposition. At Oxford the motion that the city should resign its franchises to the King was negatived by eighty votes to two. 347 The Temple and Westminster Hall were in a ferment with the sudden rush of business from all corners of the kingdom. Every lawyer in high practice was overwhelmed with the briefs from corporations. Ordinary litigants complained that their business was neglected. 348 It was evident that a considerable time must elapse before judgment could be given in so great a number of important cases. Tyranny could ill brook this delay. Nothing was omitted which could terrify the refractory boroughs into submission. At Buckingham some of the municipal officers had spoken of Jeffreys in language which was not laudatory. They were prosecuted, and were given to understand that no mercy should be shown to them unless they would ransom themselves by surrendering their charter. 349 At Winchester still more violent measures were adopted. A large body of troops was marched into the town for the sole purpose of burdening and harassing the inhabitants. 350 The town continued resolute; and the public voice loudly accused the King of imitating the worst crimes of his brother of France. The dragonades, it was said, had begun. There was indeed reason for alarm. It had occurred to James that he could not more effectually break the spirit of an obstinate town than by quartering soldiers on the inhabitants. He must have known that this practice had sixty years before excited formidable discontents, and had been solemnly pronounced illegal by the Petition of Right, a statute scarcely less venerated by Englishmen than the Great Charter. But he hoped to obtain from the courts of law a declaration that even the Petition of Right could not control the prerogative. He actually consulted the Chief justice of the King's Bench on this subject: 351 but the result of the consultation remained secret; and in a very few weeks the aspect of affairs became such that a fear stronger than even the fear of the royal displeasure began to impose some restraint even on a man so servile as Wright.

While the Lords Lieutenants were questioning the justices of the Peace, while the regulators were remodelling the boroughs, all the public departments were subjected to a strict inquisition. The palace was first purified. Every battered old Cavalier, who, in return for blood and lands lost in the royal cause, had obtained some small place under the Keeper of the Wardrobe or the Master of the Harriers, was called upon to choose between the King and the Church. The Commissioners of Customs and Excise were ordered to attend His Majesty at the Treasury. There he demanded from them a promise to support his policy, and directed them to require a similar promise from all their subordinates. 352 One Customhouse officer notified his submission to the royal will in a way which excited both merriment and compassion. "I have," he said, "fourteen reasons for obeying His Majesty's commands, a wife and thirteen young children." 353 Such reasons were indeed cogent; yet there were not a few instances in which, even against such reasons, religious and patriotic feelings prevailed.

There is reason to believe that the government at this time seriously meditated a blow which would have reduced many thousands of families to beggary, and would have disturbed the whole social system of every part of the country. No wine, beer, or coffee could be sold without a license. It was rumoured that every person holding such a license would shortly be required to enter into the same engagements which had been imposed on public functionaries, or to relinquish his trade. 354 It seems certain that, if such a step had been taken, the houses of entertainment and of public resort all over the kingdom would have been at once shut up by hundreds. What effect such an interference with the comfort of all ranks would have produced must be left to conjecture. The resentment produced by grievances is not always proportioned to their dignity; and it is by no means improbable that the resumption of licenses might have done what the resumption of charters had failed to do. Men of fashion would have missed the chocolate house in Saint James's Street, and men of business the coffee pot, round which they were accustomed to smoke and talk politics, in Change Alley. Half the clubs would have been wandering in search of shelter. The traveller at nightfall would have found the inn where he had expected to sup and lodge deserted. The clown would have regretted the hedge alehouse, where he had been accustomed to take his pot on the bench before the door in summer, and at the chimney corner in winter. The nation might, perhaps under such provocation, have risen in general rebellion without waiting for the help of foreign allies.

It was not to be expected that a prince who required all the humblest servants of the government to support his policy on pain of dismission would continue to employ an Attorney General whose aversion to that policy was no secret. Sawyer had been suffered to retain his situation more than a year and a half after he had declared against the dispensing power. This extraordinary indulgence he owed to the extreme difficulty which the government found in supplying his place. It was necessary, for the protection of the pecuniary interests of the crown, that at least one of the two chief law officers should be a man of ability and knowledge; and it was by no means easy to induce any barrister of ability and knowledge to put himself in peril by committing every day acts which the next Parliament would probably treat as high crimes and misdemeanours. It had been impossible to procure a better Solicitor General than Powis, a man who indeed stuck at nothing, but who was incompetent to perform the ordinary duties of his post. In these circumstances it was thought desirable that there should be a division of labour. An Attorney, the value of whose professional talents was much diminished by his conscientious scruples, was coupled with a Solicitor whose want of scruples made some amends for his want of talents. When the government wished to enforce the law, recourse was had to Sawyer. When the government wished to break the law, recourse was had to Powis. This arrangement lasted till the king obtained the services of an advocate who was at once baser than Powis and abler than Sawyer.

No barrister living had opposed the court with more virulence than William Williams. He had distinguished himself in the late reign as a Whig and an Exclusionist. When faction was at the height, he had been chosen Speaker of the House of Commons. After the prorogation of the Oxford Parliament he had commonly been counsel for the most noisy demagogues who had been accused of sedition. He was allowed to possess considerable quickness and knowledge. His chief faults were supposed to be rashness and party spirit. It was not yet suspected that he had faults compared with which rashness and party spirit might well pass for virtues. The government sought occasion against him, and easily found it. He had published, by order of the House of Commons, a narrative which Dangerfield had written. This narrative, if published by a private man, would undoubtedly have been a seditious libel. A criminal information was filed in the King's Bench against Williams: he pleaded the privileges of Parliament in vain: he was convicted and sentenced to a fine of ten thousand pounds. A large part of this sum he actually paid: for the rest he gave a bond. The Earl of Peterborough, who had been injuriously mentioned in Dangerfield's narrative, was encouraged, by the success of the criminal information, to bring a civil action, and to demand large damages. Williams was driven to extremity. At this juncture a way of escape presented itself. It was indeed a way which, to a man of strong principles or high spirit, would have been more dreadful than beggary, imprisonment, or death. He might sell himself to that government of which he had been the enemy and the victim. He might offer to go on the forlorn hope in every assault on those liberties and on that religion for which he had professed an inordinate zeal. He might expiate his Whiggism by performing services from which bigoted Tories, stained with the blood of Russell and Sidney, shrank in horror. The bargain was struck. The debt still due to the crown was remitted. Peterborough was induced, by royal mediation, to compromise his action. Sawyer was dismissed. Powis became Attorney General. Williams was made Solicitor, received the honour of knighthood, and was soon a favourite. Though in rank he was only the second law officer of the crown, his abilities, learning, and energy were such that he completely threw his superior into the shade. 355

Williams had not been long in office when he was required to bear a chief part in the most memorable state trial recorded in the British annals.

On the twenty-seventh of April 1688, the King put forth a second Declaration of Indulgence. In this paper he recited at length the Declaration of the preceding April. His past life, he said, ought to have convinced his people that he was not a person who could easily be induced to depart from any resolution which he had formed. But, as designing men had attempted to persuade the world that he might be prevailed on to give way in this matter, he thought it necessary to proclaim that his purpose was immutably fixed, that he was resolved to employ those only who were prepared to concur in his design, and that he had, in pursuance of that resolution, dismissed many of his disobedient servants from civil and military employments. He announced that he meant to hold a Parliament in November at the latest; and he exhorted his subjects to choose representatives who would assist him in the great work which he had undertaken. 356

This Declaration at first produced little sensation. It contained nothing new; and men wondered that the King should think it worth while to publish a solemn manifesto merely for the purpose of telling them that he had not changed his mind. 357 Perhaps James was nettled by the indifference with which the announcement of his fixed resolution was received by the public, and thought that his dignity and authority would suffer unless he without delay did something novel and striking. On the fourth of May, accordingly, he made an Order in Council that his Declaration of the preceding week should be read, on two successive Sundays at the time of divine service, by the officiating ministers of all the churches and chapels of the kingdom. In London and in the suburbs the reading was to take place on the twentieth and twenty-seventh of May, in other parts of England on the third and tenth of June. The Bishops were directed to distribute copies of the Declaration through their respective dioceses. 358

When it is considered that the clergy of the Established Church, with scarcely an exception, regarded the Indulgence as a violation of the laws of the realm, as a breach of the plighted faith of the King, and as a fatal blow levelled at the interest and dignity of their own profession, it will scarcely admit of doubt that the Order in Council was intended to be felt by them as a cruel affront. It was popularly believed that Petre had avowed this intention in a coarse metaphor borrowed from the rhetoric of the East. He would, he said, make them eat dirt, the vilest and most loathsome of all dirt. But, tyrannical and malignant as the mandate was, would the Anglican priesthood refuse to obey? The King's temper was arbitrary and severe. The proceedings of the Ecclesiastical Commission were as summary as those of a court martial. Whoever ventured to resist might in a week be ejected from his parsonage, deprived of his whole income, pronounced incapable of holding any other spiritual preferment, and left to beg from door to door. If, indeed, the whole body offered an united opposition to the royal will, it was probable that even James would scarcely venture to punish ten thousand delinquents at once. But there was not time to form an extensive combination. The Order in Council was gazetted on the seventh of May. On the twentieth the Declaration was to be read in all the pulpits of London and the neighbourhood. By no exertion was it possible in that age to ascertain within a fortnight the intentions of one tenth part of the parochial ministers who were scattered over the kingdom. It was not easy to collect in so short a time the sense even of the episcopal order. It might also well be apprehended that, if the clergy refused to read the Declaration, the Protestant Dissenters would misinterpret the refusal, would despair of obtaining any toleration from the members of the Church of England, and would throw their whole weight into the scale of the court.

The clergy therefore hesitated; and this hesitation may well be excused: for some eminent laymen, who possessed a large share of the public confidence, were disposed to recommend submission. They thought that a general opposition could hardly be expected, and that a partial opposition would be ruinous to individuals, and of little advantage to the Church and to the nation. Such was the opinion given at this time by Halifax and Nottingham. The day drew near; and still there was no concert and no formed resolution. 359

At this conjuncture the Protestant Dissenters of London won for themselves a title to the lasting gratitude of their country. They had hitherto been reckoned by the government as part of its strength. A few of their most active and noisy preachers, corrupted by the favours of the court, had got up addresses in favour of the King's policy. Others, estranged by the recollection of many cruel wrongs both from the Church of England and from the House of Stuart, had seen with resentful pleasure the tyrannical prince and the tyrannical hierarchy separated by a bitter enmity, and bidding against each other for the help of sects lately persecuted and despised. But this feeling, however natural, had been indulged long enough. The time had come when it was necessary to make a choice: and the Nonconformists of the City, with a noble spirit, arrayed themselves side by side with the members of the Church in defence of the fundamental laws of the realm. Baxter, Bates, and Howe distinguished themselves by their efforts to bring about this coalition: but the generous enthusiasm which pervaded the whole Puritan body made the task easy. The zeal of the flocks outran that of the pastors. Those Presbyterian and Independent teachers who showed an inclination to take part with the King against the ecclesiastical establishment received distinct notice that, unless they changed their conduct, their congregations would neither hear them nor pay them. Alsop, who had flattered himself that he should be able to bring over a great body of his disciples to the royal side, found himself on a sudden an object of contempt and abhorrence to those who had lately revered him as their spiritual guide, sank into a deep melancholy, and hid himself from the public eye. Deputations waited on several of the London clergy imploring them not to judge of the dissenting body from the servile adulation which had lately filled the London Gazette, and exhorting them, placed as they were in the van of this great fight, to play the men for the liberties of England and for the faith delivered to the Saints. These assurances were received with joy and gratitude. Yet there was still much anxiety and much difference of opinion among those who had to decide whether, on Sunday the twentieth, they would or would not obey the King's command. The London clergy, then universally acknowledged to be the flower of their profession, held a meeting. Fifteen Doctors of Divinity were present. Tillotson, Dean of Canterbury, the most celebrated preacher of the age, came thither from a sick bed. Sherlock, Master of the Temple, Patrick, Dean of Peterborough and Rector of the important parish of St. Paul's, Covent Garden, and Stillingfleet, Archdeacon of London and Dean of St. Paul's Cathedral, attended. The general feeling of the assembly seemed to be that it was, on the whole, advisable to obey the Order in Council. The dispute began to wax warm, and might have produced fatal consequences, if it had not been brought to a close by the firmness and wisdom of Doctor Edward Fowler, Vicar of St. Giles's, Cripplegate, one of a small but remarkable class of divines who united that love of civil liberty which belonged to the school of Calvin with the theology of the school of Arminius. 360 Standing up, Fowler spoke thus: "I must be plain. The question is so simple that argument can throw no new light on it, and can only beget heat. Let every man say Yes or No. But I cannot consent to be bound by the vote of the majority. I shall be sorry to cause a breach of unity. But this Declaration I cannot in conscience read." Tillotson, Patrick, Sherlock, and Stillingfleet declared that they were of the same mind. The majority yielded to the authority of a minority so respectable. A resolution by which all present pledged themselves to one another not to read the Declaration was then drawn up. Patrick was the first who set his hand to it; Fowler was the second. The paper was sent round the city, and was speedily subscribed by eighty-five incumbents. 361

Meanwhile several of the Bishops were anxiously deliberating as to the course which they should take. On the twelfth of May a grave and learned company was assembled round the table of the Primate at Lambeth. Compton, Bishop of London, Turner, Bishop of Ely, White, Bishop of Peterborough, and Tenison, Rector of St. Martin's parish, were among the guests. The Earl of Clarendon, a zealous and uncompromising friend of the Church, had been invited. Cartwright, Bishop of Chester, intruded himself on the meeting, probably as a spy. While he remained, no confidential communication could take place; but, after his departure, the great question of which all minds were full was propounded and discussed. The general opinion was that the Declaration ought not to be read. Letters were forthwith written to several of the most respectable prelates of the province of Canterbury, entreating them to come up without delay to London, and to strengthen the hands of their metropolitan at this conjuncture. 362 As there was little doubt that these letters would be opened if they passed through the office in Lombard Street, they were sent by horsemen to the nearest country post towns on the different roads. The Bishop of Winchester, whose loyalty had been so signally proved at Sedgemoor, though suffering from indisposition, resolved to set out in obedience to the summons, but found himself unable to bear the motion of a coach. The letter addressed to William Lloyd, Bishop of Norwich, was, in spite of all precautions, detained by a postmaster; and that prelate, inferior to none of his brethren in courage and in zeal for the common cause of his order, did not reach London in time. 363 His namesake, William Lloyd, Bishop of St. Asaph, a pious, honest, and learned man, but of slender judgment, and half crazed by his persevering endeavours to extract from Daniel and the Revelations some information about the Pope and the King of France, hastened to the capital and arrived on the sixteenth. 364 On the following day came the excellent Ken, Bishop of Bath and Wells, Lake, Bishop of Chichester, and Sir John Trelawney, Bishop of Bristol, a baronet of an old and honourable Cornish family.

On the eighteenth a meeting of prelates and of other eminent divines was held at Lambeth. Tillotson, Tenison, Stillingfleet, Patrick, and Sherlock, were present. Prayers were solemnly read before the consultation began. After long deliberation, a petition embodying the general sense was written by the Archbishop with his own hand. It was not drawn up with much felicity of style. Indeed, the cumbrous and inelegant structure of the sentences brought on Sancroft some raillery, which he bore with less patience than he showed under much heavier trials. But in substance nothing could be more skilfully framed than this memorable document. All disloyalty, all intolerance, was earnestly disclaimed. The King was assured that the Church still was, as she had ever been, faithful to the throne. He was assured also that the Bishops would, in proper place and time, as Lords of Parliament and members of the Upper House of Convocation, show that they by no means wanted tenderness for the conscientious scruples of Dissenters. But Parliament had, both in the late and in the present reign, pronounced that the sovereign was not constitutionally competent to dispense with statutes in matters ecclesiastical. The Declaration was therefore illegal; and the petitioners could not, in prudence, honour, or conscience, be parties to the solemn publication of an illegal Declaration in the house of God, and during the time of divine service.

This paper was signed by the Archbishop and by six of his suffragans, Lloyd of St. Asaph, Turner of Ely, Lake of Chichester, Ken of Bath and Wells, White of Peterborough, and Trelawney of Bristol. The Bishop of London, being under suspension, did not sign.

It was now late on Friday evening: and on Sunday morning the Declaration was to be read in the churches of London. It was necessary to put the paper into the King's hands without delay. The six Bishops set off for Whitehall. The Archbishop, who had long been forbidden the court, did not accompany them. Lloyd, leaving his five brethren at the house of Lord Dartmouth in the vicinity of the palace, went to Sunderland, and begged that minister to read the petition, and to ascertain when the King would be willing to receive it. Sunderland, afraid of compromising himself, refused to look at the paper, but went immediately to the royal closet. James directed that the Bishops should be admitted. He had heard from his tool Cartwright that they were disposed to obey the royal mandate, but that they wished for some little modifications in form, and that they meant to present a humble request to that effect. His Majesty was therefore in very good humour. When they knelt before him, he graciously told them to rise, took the paper from Lloyd, and said, "This is my Lord of Canterbury's hand." "Yes, sir, his own hand," was the answer. James read the petition; he folded it up; and his countenance grew dark. "This," he said, "is a great surprise to me. I did not expect this from your Church, especially from some of you. This is a standard of rebellion." The Bishops broke out into passionate professions of loyalty: but the King, as usual, repeated the same words over and over. "I tell you, this is a standard of rebellion." "Rebellion!" cried Trelawney, falling on his knees. "For God's sake, sir, do not say so hard a thing of us. No Trelawney can be a rebel. Remember that my family has fought for the crown. Remember how I served your Majesty when Monmouth was in the West." "We put down the last rebellion," said Lake, "we shall not raise another." "We rebel!" exclaimed Turner; "we are ready to die at your Majesty's feet." "Sir," said Ken, in a more manly tone, "I hope that you will grant to us that liberty of conscience which you grant to all mankind." Still James went on. "This is rebellion. This is a standard of rebellion. Did ever a good Churchman question the dispensing power before? Have not some of you preached for it and written for it? It is a standard of rebellion. I will have my Declaration published." "We have two duties to perform," answered Ken, "our duty to God, and our duty to your Majesty. We honour you, but we fear God." "Have I deserved this?" said the King, more and more, angry, "I who have been such a friend to your Church! I did not expect this from some of you. I will be obeyed. My Declaration shall be published. You are trumpeters of sedition. What do you do here? Go to your dioceses and see that I am obeyed. I will keep this paper. I will not part with it. I will remember you that have signed it." "God's will be done," said Ken. "God has given me the dispensing power," said the King, "and I will maintain it. I tell you that there are still seven thousand of your Church who have not bowed the knee to Baal." The Bishops respectfully retired. 365 That very evening the document which they had put into the hands of the King appeared word for word in print, was laid on the tables of all the coffeehouses, and was cried about the streets. Everywhere the people rose from their beds, and came out to stop the hawkers. It was said that the printer cleared a thousand pounds in a few hours by this penny broadside. This is probably an exaggeration; but it is an exaggeration which proves that the sale was enormous. How the petition got abroad is still a mystery. Sancroft declared that he had taken every precaution against publication, and that he knew of no copy except that which he had himself written, and which James had taken out of Lloyd's hand. The veracity of the Archbishop is beyond all suspicion. It is, however, by no means improbable that some of the divines who assisted in framing the petition may have remembered so short a composition accurately, and may have sent it to the press. The prevailing opinion, however, was that some person about the King had been indiscreet or treacherous. 366 Scarcely less sensation was produced by a short letter which was written with great power of argument and language, printed secretly, and largely circulated on the same day by the post and by the common carriers. A copy was sent to every clergyman in the kingdom. The writer did not attempt to disguise the danger which those who disobeyed the royal mandate would incur: but he set forth in a lively manner the still greater danger of submission. "If we read the Declaration," said he, "we fall to rise no more. We fall unpitied and despised. We fall amidst the curses of a nation whom our compliance will have ruined." Some thought that this paper came from Holland. Others attributed it to Sherlock. But Prideaux, Dean of Norwich, who was a principal agent in distributing it, believed it to be the work of Halifax.

The conduct of the prelates was rapturously extolled by the general voice: but some murmurs were heard. It was said that such grave men, if they thought themselves bound in conscience to remonstrate with the King, ought to have remonstrated earlier. Was it fair to him to leave him in the dark till within thirty-six hours of the time fixed for the reading of the Declaration? Even if he wished to revoke the Order in Council, it was too late to do so. The inference seemed to be that the petition was intended, not to move the royal mind, but merely to inflame the discontents of the people. 367 These complaints were utterly groundless. The King had laid on the Bishops a command new, surprising, and embarrassing. It was their duty to communicate with each other, and to ascertain as far as possible the sense of the profession of which they were the heads before they took any step. They were dispersed over the whole kingdom. Some of them were distant from others a full week's journey. James allowed them only a fortnight to inform themselves, to meet, to deliberate, and to decide; and he surely had no right to think himself aggrieved because that fortnight was drawing to a close before he learned their decision. Nor is it true that they did not leave him time to revoke his order if he had been wise enough to do so. He might have called together his Council on Saturday morning, and before night it might have been known throughout London and the suburbs that he had yielded to the intreaties of the fathers of the Church. The Saturday, however, passed over without any sign of relenting on the part of the government, and the Sunday arrived, a day long remembered.

In the City and Liberties of London were about a hundred parish churches. In only four of these was the Order in Council obeyed. At Saint Gregory's the Declaration was read by a divine of the name of Martin. As soon as he uttered the first words, the whole congregation rose and withdrew. At Saint Matthew's, in Friday Street, a wretch named Timothy Hall, who had disgraced his gown by acting as broker for the Duchess of Portsmouth in the sale of pardons, and who now had hopes of obtaining the vacant bishopric of Oxford, was in like manner left alone in his church. At Serjeant's Inn, in Chancery Lane, the clerk pretended that he had forgotten to bring a copy; and the Chief justice of the King's Bench, who had attended in order to see that the royal mandate was obeyed, was forced to content himself with this excuse. Samuel Wesley, the father of John and Charles Wesley, a curate in London, took for his text that day the noble answer of the three Jews to the Chaldean tyrant. "Be it known unto thee, O King, that we will not serve thy gods, nor worship the golden image which thou hast set up." Even in the chapel of Saint James's Palace the officiating minister had the courage to disobey the order. The Westminster boys long remembered what took place that day in the Abbey. Sprat, Bishop of Rochester, officiated there as Dean. As soon as he began to read the Declaration, murmurs and the noise of people crowding out of the choir drowned his voice. He trembled so violently that men saw the paper shake in his hand. Long before he had finished, the place was deserted by all but those whose situation made it necessary for them to remain. 368

Never had the Church been so dear to the nation as on the afternoon of that day. The spirit of dissent seemed to be extinct. Baxter from his pulpit pronounced an eulogium on the Bishops and parochial clergy. The Dutch minister, a few hours later, wrote to inform the States General that the Anglican priesthood had risen in the estimation of the public to an incredible degree. The universal cry of the Nonconformists, he said, was that they would rather continue to lie under the penal statutes than separate their cause from that of the prelates. 369

Another week of anxiety and agitation passed away. Sunday came again. Again the churches of the capital were thronged by hundreds of thousands. The Declaration was read nowhere except at the very few places where it had been read the week before. The minister who had officiated at the chapel in Saint James's Palace had been turned out of his situation, and a more obsequious divine appeared with the paper in his hand: but his agitation was so great that he could not articulate. In truth the feeling of the whole nation had now become such as none but the very best and noblest, or the very worst and basest, of mankind could without much discomposure encounter. 370

Even the King stood aghast for a moment at the violence of the tempest which he had raised. What step was he next to take? He must either advance or recede: and it was impossible to advance without peril, or to recede without humiliation. At one moment he determined to put forth a second order enjoining the clergy in high and angry terms to publish his Declaration, and menacing every one who should be refractory with instant suspension. This order was drawn up and sent to the press, then recalled, then a second time sent to the press, then recalled a second time. 371 A different plan was suggested by some of those who were for rigorous measures. The prelates who had signed the petition might be cited before the Ecclesiastical Commission and deprived of their sees. But to this course strong objections were urged in Council. It had been announced that the Houses would be convoked before the end of the year. The Lords would assuredly treat the sentence of deprivation as a nullity, would insist that Sancroft and his fellow petitioners should be summoned to Parliament, and would refuse to acknowledge a new Archbishop of Canterbury or a new Bishop of Bath and Wells. Thus the session, which at best was likely to be sufficiently stormy, would commence with a deadly quarrel between the crown and the peers. If therefore it were thought necessary to punish the Bishops, the punishment ought to be inflicted according to the known course of English law. Sunderland had from the beginning objected, as far as he dared, to the Order in Council. He now suggested a course which, though not free from inconveniences, was the most prudent and the most dignified that a series of errors had left open to the government. The King might with grace and majesty announce to the world that he was deeply hurt by the undutiful conduct of the Church of England; but that he could not forget all the services rendered by that Church, in trying times, to his father, to his brother, and to himself; that, as a friend to the liberty of conscience, he was unwilling to deal severely by men whom conscience, ill informed indeed, and unreasonably scrupulous, might have prevented from obeying his commands; and that he would therefore leave the offenders to that punishment which their own reflections would inflict whenever they should calmly compare their recent acts with the loyal doctrines of which they had so loudly boasted. Not only Powis and Bellasyse, who had always been for moderate counsels, but even Dover and Arundell, leaned towards this proposition. Jeffreys, on the other hand, maintained that the government would be disgraced if such transgressors as the seven Bishops were suffered to escape with a mere reprimand. He did not, however, wish them to be cited before the Ecclesiastical Commission, in which he sate as chief or rather as sole judge. For the load of public hatred under which he already lay was too much even for his shameless forehead and obdurate heart; and he shrank from the responsibility which he would have incurred by pronouncing an illegal sentence on the rulers of the Church and the favourites of the nation. He therefore recommended a criminal information. It was accordingly resolved that the Archbishop and the six other petititioners should be brought before the Court of King's Bench on a charge of seditious libel. That they would be convicted it was scarcely possible to doubt. The judges and their officers were tools of the court. Since the old charter of the City of London had been forfeited, scarcely one prisoner whom the government was bent on bringing to punishment had been absolved by a jury. The refractory prelates would probably be condemned to ruinous fines and to long imprisonment, and would be glad to ransom themselves by serving, both in and out of Parliament, the designs of the Sovereign. 372

On the twenty-seventh of May it was notified to the Bishops that on the eighth of June they must appear before the King in Council. Why so long an interval was allowed we are not informed. Perhaps James hoped that some of the offenders, terrified by his displeasure, might submit before the day fixed for the reading of the Declaration in their dioceses, and might, in order to make their peace with him, persuade their clergy to obey his order. If such was his hope it was signally disappointed.

Sunday the third of June came; and all parts of England followed the example of the capital. Already the Bishops of Norwich, Gloucester, Salisbury, Winchester, and Exeter, had signed copies of the petition in token of their approbation. The Bishop of Worcester had refused to distribute the Declaration among his clergy. The Bishop of Hereford had distributed it: but it was generally understood that he was overwhelmed by remorse and shame for having done so. Not one parish priest in fifty complied with the Order in Council.—In the great diocese of Chester, including the county of Lancaster, only three clergymen could be prevailed on by Cartwright to obey the King. In the diocese of Norwich are many hundreds of parishes. In only four of these was the Declaration read. The courtly Bishop of Rochester could not overcome the scruples of the minister of the ordinary of Chatham, who depended on the government for bread. There is still extant a pathetic letter which this honest priest sent to the Secretary of the Admiralty. "I cannot," he wrote, "reasonably expect your Honour's protection. God's will be done. I must choose suffering rather than sin." 373

On the evening of the eighth of June the seven prelates, furnished by the ablest lawyers in England with full advice, repaired to the palace, and were called into the Council chamber. Their petition was lying on the table. The Chancellor took the paper up, showed it to the Archbishop, and said, "Is this the paper which your Grace wrote, and which the six Bishops present delivered to his Majesty?" Sancroft looked at the paper, turned to the King, and spoke thus: "Sir, I stand here a culprit. I never was so before. Once I little thought that I ever should be so. Least of all could I think that I should be charged with any offence against my King: but, since I am so unhappy as to be in this situation, your Majesty will not be offended if I avail myself of my lawful right to decline saying anything which may criminate me." "This is mere chicanery," said the King. "I hope that your Grace will not do so ill a thing as to deny your own hand? Sir," said Lloyd, whose studies had been much among the casuists, "all divines agree that a person situated as we are may refuse to answer such a question." The King, as slow of understanding as quick of temper, could not comprehend what the prelates meant. He persisted, and was evidently becoming very angry. "Sir," said the Archbishop, "I am not bound to accuse myself. Nevertheless, if your Majesty positively commands me to answer, I will do so in the confidence that a just and generous prince will not suffer what I say in obedience to his orders to be brought in evidence against me." "You must not capitulate with your Sovereign," said the Chancellor. "No," said the King; "I will not give any such command. If you choose to deny your own hands, I have nothing more to say to you."

The Bishops were repeatedly sent out into the antechamber, and repeatedly called back into the Council room. At length James positively commanded them to answer the question. He did not expressly engage that their confession should not be used against them. But they, not unnaturally, supposed that, after what had passed, such an engagement was implied in his command. Sancroft acknowledged his handwriting; and his brethren followed his example. They were then interrogated about the meaning of some words in the petition, and about the letter which had been circulated with so much effect all over the kingdom: but their language was so guarded that nothing was gained by the examination. The Chancellor then told them that a criminal information would be exhibited against them in the Court of King's Bench, and called upon them to enter into recognisances. They refused. They were peers of the realm, they said. They were advised by the best lawyers in Westminster Hall that no peer could be required to enter into a recognisance in a case of libel; and they should not think themselves justified in relinquishing the privilege of their order. The King was so absurd as to think himself personally affronted because they chose, on a legal question, to be guided by legal advice. "You believe everybody," he said, "rather than me." He was indeed mortified and alarmed. For he had gone so far that, if they persisted, he had no choice left but to send them to prison; and, though he by no means foresaw all the consequences of such a step, he foresaw probably enough to disturb him. They were resolute. A warrant was therefore made out directing the Lieutenant of the Tower to keep them in safe custody, and a barge was manned to convey them down the river. 374

It was known all over London that the Bishops were before the Council. The public anxiety was intense. A great multitude filled the courts of Whitehall and all the neighbouring streets. Many people were in the habit of refreshing themselves at the close of a summer day with the cool air of the Thames. But on this evening the whole river was alive with wherries. When the Seven came forth under a guard, the emotions of the people broke through all restraint. Thousands fell on their knees and prayed aloud for the men who had, with the Christian, courage of Ridley and Latimer, confronted a tyrant inflamed by all the bigotry of Mary. Many dashed into the stream, and, up to their waists in ooze and water, cried to the holy fathers to bless them. All down the river, from Whitehall to London Bridge, the royal barge passed between lines of boats, from which arose a shout of "God bless your Lordships." The King, in great alarm, gave orders that the garrison of the Tower should be doubled, that the Guards should be held ready for action, and that two companies should be detached from every regiment in the kingdom, and sent up instantly to London. But the force on which he relied as the means of coercing the people shared all the feelings of the people. The very sentinels who were under arms at the Traitors' Gate reverently asked for a blessing from the martyrs whom they were to guard. Sir Edward Hales was Lieutenant of the Tower. He was little inclined to treat his prisoners with kindness. For he was an apostate from that Church for which they suffered; and he held several lucrative posts by virtue of that dispensing power against which they had protested. He learned with indignation that his soldiers were drinking the health of the Bishops. He ordered his officers to see that it was done no more. But the officers came back with a report that the thing could not be prevented, and that no other health was drunk in the garrison. Nor was it only by carousing that the troops showed their reverence for the fathers of the Church. There was such a show of devotion throughout the Tower that pious divines thanked God for bringing good out of evil, and for making the persecution of His faithful servants the means of saving many souls. All day the coaches and liveries of the first nobles of England were seen round the prison gates. Thousands of humbler spectators constantly covered Tower Hill. 375 But among the marks of public respect and sympathy which the prelates received there was one which more than all the rest enraged and alarmed the King. He learned that a deputation of ten Nonconformist ministers had visited the Tower. He sent for four of these persons, and himself upbraided them. They courageously answered that they thought it their duty to forget past quarrels, and to stand by the men who stood by the Protestant religion. 376

Scarcely had the gates of the Tower been closed on the prisoners when an event took place which increased the public excitement. It had been announced that the Queen did not expect to be delivered till July. But, on the day after the Bishops had appeared before the Council, it was observed that the King seemed to be anxious about her state. In the evening, however, she sate playing cards at Whitehall till near midnight. Then she was carried in a sedan to Saint James's Palace, where apartments had been very hastily fitted up for her reception. Soon messengers were running about in all directions to summon physicians and priests, Lords of the Council, and Ladies of the Bedchamber. In a few hours many public functionaries and women of rank were assembled in the Queen's room. There, on the morning of Sunday, the tenth of June, a day long kept sacred by the too faithful adherents of a bad cause, was born the most unfortunate of princes, destined to seventy-seven years of exile and wandering, of vain projects, of honours more galling than insults, and of hopes such as make the heart sick.

The calamities of the poor child had begun before his birth. The nation over which, according to the ordinary course of succession, he would have reigned, was fully persuaded that his mother was not really pregnant. By whatever evidence the fact of his birth had been proved, a considerable number of people would probably have persisted in maintaining that the Jesuits had practised some skilful sleight of hand: and the evidence, partly from accident, partly from gross mismanagement, was open to some objections. Many persons of both sexes were in the royal bedchamber when the child first saw the light but none of them enjoyed any large measure of public confidence. Of the Privy Councillors present half were Roman Catholics; and those who called themselves Protestants were generally regarded as traitors to their country and their God. Many of the women in attendance were French, Italian, and Portuguese. Of the English ladies some were Papists, and some were the wives of Papists. Some persons who were peculiarly entitled to be present, and whose testimony would have satisfied all minds accessible to reason, were absent, and for their absence the King was held responsible. The Princess Anne was, of all the inhabitants of the island, the most deeply interested in the event. Her sex and her experience qualified her to act as the guardian of her sister's birthright and her own. She had conceived strong suspicions which were daily confirmed by circumstances trifling or imaginary. She fancied that the Queen carefully shunned her scrutiny, and ascribed to guilt a reserve which was perhaps the effect of delicacy. 377 In this temper Anne had determined to be present and vigilant when the critical day should arrive. But she had not thought it necessary to be at her post a month before that day, and had, in compliance, it was said, with her father's advice, gone to drink the Bath waters. Sancroft, whose great place made it his duty to attend, and on whose probity the nation placed entire reliance, had a few hours before been sent to the Tower by James. The Hydes were the proper protectors of the rights of the two Princesses. The Dutch Ambassador might be regarded as the representative of William, who, as first prince of the blood and consort of the King's eldest daughter, had a deep interest in what was passing. James never thought of summoning any member, male or female, of the family of Hyde; nor was the Dutch Ambassador invited to be present.

Posterity has fully acquitted the King of the fraud which his people imputed to him. But it is impossible to acquit him of folly and perverseness such as explain and excuse the error of his contemporaries. He was perfectly aware of the suspicions which were abroad. 378 He ought to have known that those suspicions would not be dispelled by the evidence of members of the Church of Rome, or of persons who, though they might call themselves members of the Church of England, had shown themselves ready to sacrifice the interests of the Church of England in order to obtain his favour. That he was taken by surprise is true. But he had twelve hours to make his arrangements. He found no difficulty in crowding St. James's Palace with bigots and sycophants on whose word the nation placed no reliance. It would have been quite as easy to procure the attendance of some eminent persons whose attachment to the Princesses and to the established religion was unquestionable.

At a later period, when he had paid dearly for his foolhardy contempt of public opinion, it was the fashion at Saint Germains to excuse him by throwing the blame on others. Some Jacobites charged Anne with having purposely kept out of the way. Nay, they were not ashamed to say that Sancroft had provoked the King to send him to the Tower, in order that the evidence which was to confound the calumnies of the malecontents might be defective. 379 The absurdity of these imputations is palpable. Could Anne or Sancroft possibly have foreseen that the Queen's calculations would turn out to be erroneous by a whole month? Had those calculations been correct, Anne would have been back from Bath, and Sancroft would have been out of the Tower, in ample time for the birth. At all events the maternal uncles of the King's daughters were neither at a distance nor in a prison. The same messenger who summoned the whole bevy of renegades, Dover, Peterborough, Murray, Sunderland, and Mulgrave, could just as easily have summoned Clarendon. If they were Privy Councillors, so was he. His house was in Jermyn Street, not two hundred yards from the chamber of the Queen. Yet he was left to learn at St. James's Church, from the agitation and whispers of the congregation, that his niece had ceased to be heiress presumptive of the crown. 380 Was it a disqualification that he was the near kinsman of the Princesses of Orange and Denmark? Or was it a disqualification that he was unalterably attached to the Church of England?

The cry of the whole nation was that an imposture bad been practised. Papists had, during some months, been predicting, from, the pulpit and through the press, in prose and verse, in English and Latin, that a Prince of Wales would be given to the prayers of the Church; and they had now accomplished their own prophecy. Every witness who could not be corrupted or deceived had been studiously excluded. Anne had been tricked into visiting Bath. The Primate had, on the very day preceding that which had been fixed for the villainy, been sent to prison in defiance of the rules of law and of the privileges of peerage. Not a single man or woman who had the smallest interest in detecting the fraud had been suffered to be present. The Queen had been removed suddenly and at the dead of night to St. James's Palace, because that building, less commodious for honest purposes than Whitehall, had some rooms and passages well suited for the purpose of the Jesuits. There, amidst a circle of zealots who thought nothing a crime that tended to promote the interests of their Church, and of courtiers who thought nothing a crime that tended to enrich and aggrandise themselves, a new born child had been introduced into the royal bed, and then handed round in triumph, as heir of the three kingdoms. Heated by such suspicions, suspicions unjust, it is true, but not altogether unnatural, men thronged more eagerly than ever to pay their homage to the saintly victims of the tyrant who, having long foully injured his people, had now filled up the measure of his iniquities by more foully injuring his children. 381

The Prince of Orange, not himself suspecting any trick, and not aware of the state of public feeling in England, ordered prayers to be said under his own roof for his little brother in law, and sent Zulestein to London with a formal message of congratulation. Zulestein, to his amazement, found all the people whom he met open mouthed about the infamous fraud just committed by the Jesuits, and saw every hour some fresh pasquinade on the pregnancy and the delivery. He soon wrote to the Hague that not one person in ten believed the child to have been born of the Queen. 382

The demeanour of the seven prelates meanwhile strengthened the interest which their situation excited. On the evening of the Black Friday, as it was called, on which they were committed, they reached their prison just at the hour of divine service. They instantly hastened to the chapel. It chanced that in the second lesson were these words: "In all things approving ourselves as the ministers of God, in much patience, in afflictions, in distresses, in stripes, in imprisonments." All zealous Churchmen were delighted by this coincidence, and remembered how much comfort a similar coincidence had given, near forty years before, to Charles the First at the time of his death.

On the evening of the next day, Saturday the ninth, a letter came from Sunderland enjoining the chaplain of the Tower to read the Declaration during divine service on the following morning. As the time fixed by the Order in Council for the reading in London had long expired, this proceeding of the government could be considered only as a personal insult of the meanest and most childish kind to the venerable prisoners. The chaplain refused to comply: he was dismissed from his situation; and the chapel was shut up. 383

The Bishops edified all who approached them by the firmness and cheerfulness with which they endured confinement, by the modesty and meekness with which they received the applauses and blessings of the whole nation, and by the loyal attachment which they professed for the persecutor who sought their destruction. They remained only a week in custody. On Friday the fifteenth of June, the first day of term, they were brought before the King's Bench. An immense throng awaited their coming. From the landingplace to the Court of Requests they passed through a lane of spectators who blessed and applauded them. "Friends," said the prisoners as they passed, "honour the King; and remember us in your prayers." These humble and pious expressions moved the hearers, even to tears. When at length the procession had made its way through the crowd into the presence of the judges, the Attorney General exhibited the information which he had been commanded to prepare, and moved that the defendants might be ordered to plead. The counsel on the other side objected that the Bishops had been unlawfully committed, and were therefore not regularly before the Court. The question whether a peer could be required to enter into recognisances on a charge of libel was argued at great length, and decided by a majority of judges in favour of the crown. The prisoners then pleaded Not Guilty. That day fortnight, the twenty-ninth of June, was fixed for their trial. In the meantime they were allowed to be at large on their own recognisances. The crown lawyers acted prudently in not requiring sureties. For Halifax had arranged that twenty-one temporal peers of the highest consideration should be ready to put in bail, three for each defendant; and such a manifestation of the feeling of the nobility would have been no slight blow to the government. It was also known that one of the most opulent Dissenters of the City had begged that he might have the honour of giving security for Ken.

The Bishops were now permitted to depart to their own homes. The common people, who did not understand the nature of the legal proceedings which had taken place in the King's Bench, and who saw that their favourites had been brought to Westminster Hall in custody and were suffered to go away in freedom, imagined that the good cause was prospering. Loud acclamations were raised. The steeples of the churches sent forth joyous peals. Sprat was amazed to hear the bells of his own Abbey ringing merrily. He promptly silenced them: but his interference caused much angry muttering. The Bishops found it difficult to escape from the importunate crowd of their wellwishers. Lloyd was detained in Palace Yard by admirers who struggled to touch his hands and to kiss the skirt of his robe, till Clarendon, with some difficulty, rescued him and conveyed him home by a bye path. Cartwright, it is said, was so unwise as to mingle with the crowd. Some person who saw his episcopal habit asked and received his blessing. A bystander cried out, "Do you know who blessed you?" "Surely," said he who had just been honoured by the benediction, "it was one of the Seven." "No," said the other "it is the Popish Bishop of Chester." "Popish dog," cried the enraged Protestant; "take your blessing back again."

Such was the concourse, and such the agitation, that the Dutch Ambassador was surprised to see the day close without an insurrection. The King had been by no means at ease. In order that he might be ready to suppress any disturbance, he had passed the morning in reviewing several battalions of infantry in Hyde Park. It is, however, by no means certain that his troops would have stood by him if he had needed their services. When Sancroft reached Lambeth, in the afternoon, he found the grenadier guards, who were quartered in that suburb, assembled before the gate of his palace. They formed in two lines on his right and left, and asked his benediction as he went through them. He with difficulty prevented them from lighting a bonfire in honour of his return to his dwelling. There were, however, many bonfires that evening in the City. Two Roman Catholics who were so indiscreet as to beat some boys for joining in these rejoicings were seized by the mob, stripped naked, and ignominiously branded. 384

Sir Edward Hales now came to demand fees from those who had lately been his prisoners. They refused to pay anything for the detention which they regarded as illegal to an officer whose commission was, on their principles, a nullity. The Lieutenant hinted very intelligibly that, if they came into his hands again, they should be put into heavy irons and should lie on bare stones. "We are under our King's displeasure," was the answer; "and most deeply do we feel it: but a fellow subject who threatens us does but lose his breath." It is easy to imagine with what indignation the people, excited as they were, must have learned that a renegade from the Protestant faith, who held a command in defiance of the fundamental laws of England, had dared to menace divines of venerable age and dignity with all the barbarities of Lollard's Tower. 385

Before the day of trial the agitation had spread to the farthest corners of the island. From Scotland the Bishops received letters assuring them of the sympathy of the Presbyterians of that country, so long and so bitterly hostile to prelacy. 386 The people of Cornwall, a fierce, bold, and athletic race, among whom there was a stronger provincial feeling than in any other part of the realm, were greatly moved by the danger of Trelawney, whom they reverenced less as a ruler of the Church than as the head of an honourable house, and the heir through twenty descents of ancestors who had been of great note before the Normans had set foot on English ground. All over the county the peasants chanted a ballad of which the burden is still remembered:

"And shall Trelawney die, and shall Trelawney die? Then thirty thousand Cornish boys will know the reason why."

The miners from their caverns reechoed the song with a variation:

"Then twenty thousand under ground will know the reason why." 387

The rustics in many parts of the country loudly expressed a strange hope which had never ceased to live in their hearts. Their Protestant Duke, their beloved Monmouth, would suddenly appear, would lead them to victory, and would tread down the King and the Jesuits under his feet. 388 The ministers were appalled. Even Jeffreys would gladly have retraced his steps. He charged Clarendon with friendly messages to the Bishops, and threw on others the blame of the prosecution which he had himself recommended. Sunderland again ventured to recommend concession. The late auspicious birth, he said, had furnished the King with an excellent opportunity of withdrawing from a position full of danger and inconvenience without incurring the reproach of timidity or of caprice. On such happy occasions it had been usual for sovereigns to make the hearts of subjects glad by acts of clemency; and nothing could be more advantageous to the Prince of Wales than that he should, while still in his cradle, be the peacemaker between his father and the agitated nation. But the King's resolution was fixed. "I will go on," he said. "I have been only too indulgent. Indulgence ruined my father." 389 The artful minister found that his advice had been formerly taken only because it had been shaped to suit the royal temper, and that, from the moment at which he began to counsel well, he began to counsel in vain. He had shown some signs of slackness in the proceeding against Magdalene College. He had recently attempted to convince the King that Tyrconnel's scheme of confiscating the property of the English colonists in Ireland was full of danger, and had, with the help of Powis and Bellasyse, so far succeeded that the execution of the design had been postponed for another year. But this timidity and scrupulosity had excited disgust and suspicion in the royal mind. 390 The day of retribution had arrived. Sunderland was in the same situation in which his rival Rochester had been some months before. Each of the two statesmen in turn experienced the misery of clutching, with an agonizing grasp, power which was perceptibly slipping away. Each in turn saw his suggestions scornfully rejected. Both endured the pain of reading displeasure and distrust in the countenance and demeanour of their master; yet both were by their country held responsible for those crimes and errors from which they had vainly endeavoured to dissuade him. While he suspected them of trying to win popularity at the expense of his authority and dignity, the public voice loudly accused them of trying to win his favour at the expense of their own honour and of the general weal. Yet, in spite of mortifications and humiliations, they both clung to office with the gripe of drowning men. Both attempted to propitiate the King by affecting a willingness to be reconciled to his Church. But there was a point at which Rochester was determined to stop. He went to the verge of apostasy: but there he recoiled: and the world, in consideration of the firmness with which he refused to take the final step, granted him a liberal amnesty for all former compliances. Sunderland, less scrupulous and less sensible of shame, resolved to atone for his late moderation, and to recover the royal confidence, by an act which, to a mind impressed with the importance of religious truth, must have appeared to be one of the most flagitious of crimes, and which even men of the world regard as the last excess of baseness. About a week before the day fixed for the great trial, it was publicly announced that he was a Papist. The King talked with delight of this triumph of divine grace. Courtiers and envoys kept their countenances as well as they could while the renegade protested that he had been long convinced of the impossibility of finding salvation out of the communion of Rome, and that his conscience would not let him rest till he had renounced the heresies in which he had been brought up. The news spread fast. At all the coffeehouses it was told how the prime minister of England, his feet bare, and a taper in his hand, had repaired to the royal chapel and knocked humbly for admittance; how a priestly voice from within had demanded who was there, how Sunderland had made answer that a poor sinner who had long wandered from the true Church implored her to receive and to absolve him; how the doors were opened; and how the neophyte partook of the holy mysteries. 391

This scandalous apostasy could not but heighten the interest with which the nation looked forward to the day when the fate of the seven brave confessors of the English Church was to be decided. To pack a jury was now the great object of the King. The crown lawyers were ordered to make strict inquiry as to the sentiments of the persons who were registered in the freeholders' book. Sir Samuel Astry, Clerk of the Crown, whose duty it was, in cases of this description, to select the names, was summoned to the palace, and had an interview with James in the presence of the Chancellor. 392 Sir Samuel seems to have done his best. For, among the forty-eight persons whom he nominated, were said to be several servants of the King, and several Roman Catholics. 393 But as the counsel for the Bishops had a right to strike off twelve, these persons were removed. The crown lawyers also struck off twelve. The list was thus reduced to twenty-four. The first twelve who answered to their names were to try the issue.