The History of England, from the Accession of James II Volume I Part 16

The turpitude of these transactions is universally acknowledged: but their real nature seems to be often misunderstood: for though the foreign policy of the last two Kings of the House of Stuart has never, since the correspondence of Barillon was exposed to the public eye, found an apologist among us, there is still a party which labours to excuse their domestic policy. Yet it is certain that between their domestic policy and their foreign policy there was a necessary and indissoluble connection. If they had upheld, during a single year, the honour of the country abroad, they would have been compelled to change the whole system of their administration at home. To praise them for refusing to govern in conformity with the sense of Parliament, and yet to blame them for submitting to the dictation of Lewis, is inconsistent.

For they had only one choice, to be dependent on Lewis, or to be dependent on Parliament.

James, to do him justice, would gladly have found out a third way: but there was none. He became the slave of France: but it would be incorrect to represent him as a contented slave. He had spirit enough to be at times angry with himself for submitting to such thraldom, and impatient to break loose from it; and this disposition was studiously encouraged by the agents of many foreign powers.

His accession had excited hopes and fears in every continental court: and the commencement of his administration was watched by strangers with interest scarcely less deep than that which was felt by his own subjects. One government alone wished that the troubles which had, during three generations, distracted England, might be eternal. All other governments, whether republican or monarchical, whether Protestant or Roman Catholic, wished to see those troubles happily terminated.

The nature of the long contest between the Stuarts and their Parliaments was indeed very imperfectly apprehended by foreign statesmen: but no statesman could fail to perceive the effect which that contest had produced on the balance of power in Europe. In ordinary circ.u.mstances, the sympathies of the courts of Vienna and Madrid would doubtless have been with a prince struggling against subjects, and especially with a Roman Catholic prince struggling against heretical subjects: but all such sympathies were now overpowered by a stronger feeling. The fear and hatred inspired by the greatness, the injustice, and the arrogance of the French King were at the height. His neighbours might well doubt whether it were more dangerous to be at war or at peace with him. For in peace he continued to plunder and to outrage them; and they had tried the chances of war against him in vain. In this perplexity they looked with intense anxiety towards England. Would she act on the principles of the Triple Alliance or on the principles of the treaty of Dover? On that issue depended the fate of all her neighbours. With her help Lewis might yet be withstood: but no help could be expected from her till she was at unity with herself. Before the strife between the throne and the Parliament began, she had been a power of the first rank: on the day on which that strife terminated she became a power of the first rank again: but while the dispute remained undecided, she was condemned to inaction and to va.s.salage. She had been great under the Plantagenets and Tudors: she was again great under the princes who reigned after the Revolution: but, under the Kings of the House of Stuart, she was a blank in the map of Europe. She had lost one cla.s.s of energies, and had not yet acquired another. That species of force, which, in the fourteenth century had enabled her to humble France and Spain, had ceased to exist. That species of force, which, in the eighteenth century, humbled France and Spain once more, had not yet been called into action. The government was no longer a limited monarchy after the fashion of the middle ages. It had not yet become a limited monarchy after the modern fashion. With the vices of two different systems it had the strength of neither. The elements of our polity, instead of combining in harmony, counteracted and neutralised each other All was transition, conflict, and disorder.

The chief business of the sovereign was to infringe the privileges of the legislature. The chief business of the legislature was to encroach on the prerogatives of the sovereign. The King readily accepted foreign aid, which relieved him from the misery of being dependent on a mutinous Parliament. The Parliament refused to the King the means of supporting the national honor abroad, from an apprehension, too well founded, that those means might be employed in order to establish despotism at home.

The effect of these jealousies was that our country, with all her vast resources, was of as little weight in Christendom as the duchy of Savoy or the duchy of Lorraine, and certainly of far less weight than the small province of Holland.

France was deeply interested in prolonging this state of things. [245]

All other powers were deeply interested in bringing it to a close. The general wish of Europe was that James would govern in conformity with law and with public opinion. From the Escurial itself came letters, expressing an earnest hope that the new King of England would be on good terms with his Parliament and his people. [246] From the Vatican itself came cautions against immoderate zeal for the Roman Catholic faith.

Benedict Odescalchi, who filled the papal chair under the name of Innocent the Eleventh, felt, in his character of temporal sovereign, all those apprehensions with which other princes watched the progress of the French power. He had also grounds of uneasiness which were peculiar to himself. It was a happy circ.u.mstance for the Protestant religion that, at the moment when the last Roman Catholic King of England mounted the throne, the Roman Catholic Church was torn by dissension, and threatened with a new schism. A quarrel similar to that which had raged in the eleventh century between the Emperors and the Supreme Pontiffs had arisen between Lewis and Innocent. Lewis, zealous even to bigotry for the doctrines of the Church of Rome, but tenacious of his regal authority, accused the Pope of encroaching on the secular rights of the French Crown, and was in turn accused by the Pope of encroaching on the spiritual power of the keys. The King, haughty as he was, encountered a spirit even more determined than his own. Innocent was, in all private relations, the meekest and gentlest of men: but when he spoke officially from the chair of St. Peter, he spoke in the tones of Gregory the Seventh and of Sixtus the Fifth. The dispute became serious. Agents of the King were excommunicated. Adherents of the Pope were banished. The King made the champions of his authority Bishops. The Pope refused them inst.i.tution. They took possession of the Episcopal palaces and revenues: but they were incompetent to perform the Episcopal functions. Before the struggle terminated, there were in France thirty prelates who could not confirm or ordain. [247]

Had any prince then living, except Lewis, been engaged in such a dispute with the Vatican, he would have had all Protestant governments on his side. But the fear and resentment which the ambition and insolence of the French King had inspired were such that whoever had the courage manfully to oppose him was sure of public sympathy. Even Lutherans and Calvinists, who had always detested the Pope, could not refrain from wishing him success against a tyrant who aimed at universal monarchy.

It was thus that, in the present century, many who regarded Pius the Seventh as Antichrist were well pleased to see Antichrist confront the gigantic power of Napoleon.

The resentment which Innocent felt towards France disposed him to take a mild and liberal view of the affairs of England. The return of the English people to the fold of which he was the shepherd would undoubtedly have rejoiced his soul. But he was too wise a man to believe that a nation so bold and stubborn, could be brought back to the Church of Rome by the violent and unconst.i.tutional exercise of royal authority.

It was not difficult to foresee that, if James attempted to promote the interests of his religion by illegal and unpopular means, the attempt would fail; the hatred with which the heretical islanders regarded the true faith would become fiercer and stronger than ever; and an indissoluble a.s.sociation would be created in their minds between Protestantism and civil freedom, between Popery and arbitrary power. In the meantime the King would be an object of aversion and suspicion to his people. England would still be, as she had been under James the First, under Charles the First, and under Charles the Second, a power of the third rank; and France would domineer unchecked beyond the Alps and the Rhine. On the other hand, it was probable that James, by acting with prudence and moderation, by strictly observing the laws and by exerting himself to win the confidence of his Parliament, might be able to obtain, for the professors of his religion, a large measure of relief.

Penal statutes would go first. Statutes imposing civil incapacities would soon follow. In the meantime, the English King and the English nation united might head the European coalition, and might oppose an insuperable barrier to the cupidity of Lewis.

Innocent was confirmed in his judgment by the princ.i.p.al Englishmen who resided at his court. Of these the most ill.u.s.trious was Philip Howard, sprung from the n.o.blest houses of Britain, grandson, on one side, of an Earl of Arundel, on the other, of a Duke of Lennox. Philip had long been a member of the sacred college: he was commonly designated as the Cardinal of England; and he was the chief counsellor of the Holy See in matters relating to his country. He had been driven into exile by the outcry of Protestant bigots; and a member of his family, the unfortunate Stafford, had fallen a victim to their rage. But neither the Cardinal's own wrongs, nor those of his house, had so heated his mind as to make him a rash adviser. Every letter, therefore, which went from the Vatican to Whitehall, recommended patience, moderation, and respect for the prejudices of the English people. [248]

In the mind of James there was a great conflict. We should do him injustice if we supposed that a state of va.s.salage was agreeable to his temper. He loved authority and business. He had a high sense of his own personal dignity. Nay, he was not altogether dest.i.tute of a sentiment which bore some affinity to patriotism. It galled his soul to think that the kingdom which he ruled was of far less account in the world than many states which possessed smaller natural advantages; and he listened eagerly to foreign ministers when they urged him to a.s.sert the dignity of his rank, to place himself at the head of a great confederacy, to become the protector of injured nations, and to tame the pride of that power which held the Continent in awe. Such exhortations made his heart swell with emotions unknown to his careless and effeminate brother.

But those emotions were soon subdued by a stronger feeling. A vigorous foreign policy necessarily implied a conciliatory domestic policy. It was impossible at once to confront the might of France and to trample on the liberties of England. The executive government could undertake nothing great without the support of the Commons, and could obtain their support only by acting in conformity with their opinion. Thus James found that the two things which he most desired could not be enjoyed together. His second wish was to be feared and respected abroad. But his first wish was to be absolute master at home. Between the incompatible objects on which his heart was set he, for a time, went irresolutely to and fro. The conflict in his own breast gave to his public acts a strange appearance of indecision and insincerity. Those who, without the clue, attempted to explore the maze of his politics were unable to understand how the same man could be, in the same week, so haughty and so mean. Even Lewis was perplexed by the vagaries of an ally who pa.s.sed, in a few hours, from homage to defiance, and from defiance to homage. Yet, now that the whole conduct of James is before us, this inconsistency seems to admit of a simple explanation.

At the moment of his accession he was in doubt whether the kingdom would peaceably submit to his authority. The Exclusionists, lately so powerful, might rise in arms against him. He might be in great need of French money and French troops. He was therefore, during some days, content to be a sycophant and a mendicant. He humbly apologised for daring to call his Parliament together without the consent of the French government. He begged hard for a French subsidy. He wept with joy over the French bills of exchange. He sent to Versailles a special emba.s.sy charged with a.s.surances of his grat.i.tude, attachment, and submission.

But scarcely had the emba.s.sy departed when his feelings underwent a change. He had been everywhere proclaimed without one riot, without one seditions outcry. From all corners of the island he received intelligence that his subjects were tranquil and obedient. His spirit rose. The degrading relation in which he stood to a foreign power seemed intolerable. He became proud, punctilious, boastful, quarrelsome. He held such high language about the dignity of his crown and the balance of power that his whole court fully expected a complete revolution in the foreign politics of the realm. He commanded Churchill to send home a minute report of the ceremonial of Versailles, in order that the honours with which the English emba.s.sy was received there might be repaid, and not more than repaid, to the representative of France at Whitehall. The news of this change was received with delight at Madrid, Vienna, and the Hague. [249] Lewis was at first merely diverted. "My good ally talks big," he said; "but he is as fond of my pistoles as ever his brother was." Soon, however, the altered demeanour of James, and the hopes with which that demeanour inspired both the branches of the House of Austria, began to call for more serious notice. A remarkable letter is still extant, in which the French King intimated a strong suspicion that he had been duped, and that the very money which he had sent to Westminster would be employed against him. [250]

By this time England had recovered from the sadness and anxiety caused by the death of the goodnatured Charles. The Tories were loud in professions of attachment to their new master. The hatred of the Whigs was kept down by fear. That great ma.s.s which is not steadily Whig or Tory, but which inclines alternately to Whiggism and to Toryism, was still on the Tory side. The reaction which had followed the dissolution of the Oxford parliament had not yet spent its force.

The King early put the loyalty of his Protestant friends to the proof.

While he was a subject, he had been in the habit of hearing ma.s.s with closed doors in a small oratory which had been fitted up for his wife.

He now ordered the doors to be thrown open, in order that all who came to pay their duty to him might see the ceremony. When the host was elevated there was a strange confusion in the antechamber. The Roman Catholics fell on their knees: the Protestants hurried out of the room.

Soon a new pulpit was erected in the palace; and, during Lent, a series of sermons was preached there by Popish divines, to the great discomposure of zealous churchmen. [251]

A more serious innovation followed. Pa.s.sion week came; and the King determined to hear ma.s.s with the same pomp with which his predecessors had been surrounded when they repaired to the temples of the established religion. He announced his intention to the three members of the interior cabinet, and requested them to attend him. Sunderland, to whom all religions were the same, readily consented. G.o.dolphin, as Chamberlain of the Queen, had already been in the habit of giving her his hand when she repaired to her oratory, and felt no scruple about bowing himself officially in the house of Rimmon. But Rochester was greatly disturbed. His influence in the country arose chiefly from the opinion entertained by the clergy and by the Tory gentry, that he was a zealous and uncompromising friend of the Church. His orthodoxy had been considered as fully atoning for faults which would otherwise have made him the most unpopular man in the kingdom, for boundless arrogance, for extreme violence of temper, and for manners almost brutal. [252] He feared that, by complying with the royal wishes, he should greatly lower himself in the estimation of his party. After some altercation he obtained permission to pa.s.s the holidays out of town. All the other great civil dignitaries were ordered to be at their posts on Easter Sunday. The rites of the Church of Rome were once more, after an interval of a hundred and twenty-seven years, performed at Westminster with regal splendour. The Guards were drawn out. The Knights of the Garter wore their collars. The Duke of Somerset, second in rank among the temporal n.o.bles of the realm, carried the sword of state. A long train of great lords accompanied the King to his seat. But it was remarked that Ormond and Halifax remained in the antechamber. A few years before they had gallantly defended the cause of James against some of those who now pressed past them. Ormond had borne no share in the slaughter of Roman Catholics. Halifax had courageously p.r.o.nounced Stafford not guilty. As the timeservers who had pretended to shudder at the thought of a Popish king, and who had shed without pity the innocent blood of a Popish peer, now elbowed each other to get near a Popish altar, the accomplished Trimmer might, with some justice, indulge his solitary pride in that unpopular nickname. [253]

Within a week after this ceremony James made a far greater sacrifice of his own religious prejudices than he had yet called on any of his Protestant subjects to make. He was crowned on the twenty-third of April, the feast of the patron saint of the realm. The Abbey and the Hall were splendidly decorated. The presence of the Queen and of the peeresses gave to the solemnity a charm which had been wanting to the magnificent inauguration of the late King. Yet those who remembered that inauguration p.r.o.nounced that there was a great falling off. The ancient usage was that, before a coronation, the sovereign, with all his heralds, judges, councillors, lords, and great dignitaries, should ride in state from the Tower of Westminster. Of these cavalcades the last and the most glorious was that which pa.s.sed through the capital while the feelings excited by the Restoration were still in full vigour. Arches of triumph overhung the road. All Cornhill, Cheapside, Saint Paul's Church Yard, Fleet Street, and the Strand, were lined with scaffolding.

The whole city had thus been admitted to gaze on royalty in the most splendid and solemn form that royalty could wear. James ordered an estimate to be made of the cost of such a procession, and found that it would amount to about half as much as he proposed to expend in covering his wife with trinkets. He accordingly determined to be profuse where he ought to have been frugal, and n.i.g.g.ardly where he might pardonably have been profuse. More than a hundred thousand pounds were laid out in dressing the Queen, and the procession from the Tower was omitted. The folly of this course is obvious. If pageantry be of any use in politics, it is of use as a means of striking the imagination of the mult.i.tude. It is surely the height of absurdity to shut out the populace from a show of which the main object is to make an impression on the populace.

James would have shown a more judicious munificence and a more judicious parsimony, if he had traversed London from east to west with the accustomed pomp, and had ordered the robes of his wife to be somewhat less thickly set with pearls and diamonds. His example was, however, long followed by his successors; and sums, which, well employed, would have afforded exquisite gratification to a large part of the nation, were squandered on an exhibition to which only three or four thousand privileged persons were admitted. At length the old practice was partially revived. On the day of the coronation of Queen Victoria there was a procession in which many deficiencies might be noted, but which was seen with interest and delight by half a million of her subjects, and which undoubtedly gave far greater pleasure, and called forth far greater enthusiasm, than the more costly display which was witnessed by a select circle within the Abbey.

James had ordered Sancroft to abridge the ritual. The reason publicly a.s.signed was that the day was too short for all that was to be done.

But whoever examines the changes which were made will see that the real object was to remove some things highly offensive to the religious feelings of a zealous Roman Catholic. The Communion Service was not read. The ceremony of presenting the sovereign with a richly bound copy of the English Bible, and of exhorting him to prize above all earthly treasures a volume which he had been taught to regard as adulterated with false doctrine, was omitted. What remained, however, after all this curtailment, might well have raised scruples in the mind of a man who sincerely believed the Church of England to be a heretical society, within the pale of which salvation was not to be found. The King made an oblation on the altar. He appeared to join in the pet.i.tions of the Litany which was chaunted by the Bishops. He received from those false prophets the unction typical of a divine influence, and knelt with the semblance of devotion, while they called down upon him that Holy Spirit of which they were, in his estimation, the malignant and obdurate foes.

Such are the inconsistencies of human nature that this man, who, from a fanatical zeal for his religion, threw away three kingdoms, yet chose to commit what was little short of an act of apostasy, rather than forego the childish pleasure of being invested with the gewgaws symbolical of kingly power. [254]

Francis Turner, Bishop of Ely, preached. He was one of those writers who still affected the obsolete style of Archbishop Williams and Bishop Andrews. The sermon was made up of quaint conceits, such as seventy years earlier might have been admired, but such as moved the scorn of a generation accustomed to the purer eloquence of Sprat, of South, and of Tillotson. King Solomon was King James. Adonijah was Monmouth. Joab was a Rye House conspirator; Shimei, a Whig libeller; Abiathar, an honest but misguided old Cavalier. One phrase in the Book of Chronicles was construed to mean that the King was above the Parliament; and another was cited to prove that he alone ought to command the militia. Towards the close of the discourse the orator very timidly alluded to the new and embarra.s.sing position in which the Church stood with reference to the sovereign, and reminded his hearers that the Emperor Constantius Chlorus, though not himself a Christian, had held in honour those Christians who remained true to their religion, and had treated with scorn those who sought to earn his favour by apostasy. The service in the Abbey was followed by a stately banquet in the Hall, the banquet by brilliant fireworks, and the fireworks by much bad poetry. [255]

This may be fixed upon as the moment at which the enthusiasm of the Tory party reached the zenith. Ever since the accession of the new King, addresses had been pouring in which expressed profound veneration for his person and office, and bitter detestation of the vanquished Whigs.

The magistrates of Middles.e.x thanked G.o.d for having confounded the designs of those regicides and exclusionists who, not content with having murdered one blessed monarch, were bent on destroying the foundations of monarchy. The city of Gloucester execrated the bloodthirsty villains who had tried to deprive His Majesty of his just inheritance. The burgesses of Wigan a.s.sured their sovereign that they would defend him against all plotting Achitophels and rebellions Absaloms. The grand jury of Suffolk expressed a hope that the Parliament would proscribe all the exclusionists. Many corporations pledged themselves never to return to the House of Commons any person who had voted for taking away the birthright of James. Even the capital was profoundly obsequious. The lawyers and the traders vied with each other in servility. Inns of Court and Inns of Chancery sent up fervent professions of attachment and submission. All the great commercial societies, the East India Company, the African Company, the Turkey Company, the Muscovy Company, the Hudson's Bay Company, the Maryland Merchants, the Jamaica Merchants, the Merchant Adventurers, declared that they most cheerfully complied with the royal edict which required them still to pay custom. Bristol, the second city of the island, echoed the voice of London. But nowhere was the spirit of loyalty stronger than in the two Universities. Oxford declared that she would never swerve from those religious principles which bound her to obey the King without any restrictions or limitations. Cambridge condemned, in severe terms, the violence and treachery of those turbulent men who had maliciously endeavoured to turn the stream of succession out of the ancient channel.

[256]

Such addresses as these filled, during a considerable time, every number of the London Gazette. But it was not only by addressing that the Tories showed their zeal. The writs for the new Parliament had gone forth, and the country was agitated by the tumult of a general election. No election had ever taken place under circ.u.mstances so favourable to the Court. Hundreds of thousands whom the Popish plot had scared into Whiggism had been scared back by the Rye House plot into Toryism. In the counties the government could depend on an overwhelming majority of the gentlemen of three hundred a year and upwards, and on the clergy almost to a man. Those boroughs which had once been the citadels of Whiggism had recently been deprived of their charters by legal sentence, or had prevented the sentence by voluntary surrender. They had now been reconst.i.tuted in such a manner that they were certain to return members devoted to the crown. Where the townsmen could not be trusted, the freedom had been bestowed on the neighbouring squires. In some of the small western corporations, the const.i.tuent bodies were in great part composed of Captains and Lieutenants of the Guards. The returning officers were almost everywhere in the interest of the court. In every shire the Lord Lieutenant and his deputies formed a powerful, active, and vigilant committee, for the purpose of cajoling and intimidating the freeholders. The people were solemnly warned from thousands of pulpits not to vote for any Whig candidate, as they should answer it to Him who had ordained the powers that be, and who had p.r.o.nounced rebellion a sin not less deadly than witchcraft. All these advantages the predominant party not only used to the utmost, but abused in so shameless a manner that grave and reflecting men, who had been true to the monarchy in peril, and who bore no love to republicans and schismatics, stood aghast, and augured from such beginnings the approach of evil times.

[257]

Yet the Whigs, though suffering the just punishment of their errors, though defeated, disheartened, and disorganized, did not yield without an effort. They were still numerous among the traders and artisans of the towns, and among the yeomanry and peasantry of the open country. In some districts, in Dorsetshire for example, and in Somersetshire, they were the great majority of the population. In the remodelled boroughs they could do nothing: but, in every county where they had a chance, they struggled desperately. In Bedfordshire, which had lately been represented by the virtuous and unfortunate Russell, they were victorious on the show of hands, but were beaten at the poll. [258] In Ess.e.x they polled thirteen hundred votes to eighteen hundred. [259] At the election for Northamptonshire the common people were so violent in their hostility to the court candidate that a body of troops was drawn out in the marketplace of the county town, and was ordered to load with ball. [260] The history of the contest for Buckinghamshire is still more remarkable. The whig candidate, Thomas Wharton, eldest son of Philip Lord Wharton, was a man distinguished alike by dexterity and by audacity, and destined to play a conspicuous, though not always a respectable, part in the politics of several reigns. He had been one of those members of the House of Commons who had carried up the Exclusion Bill to the bar of the Lords. The court was therefore bent on throwing him out by fair or foul means. The Lord Chief Justice Jeffreys himself came down into Buckinghamshire, for the purpose of a.s.sisting a gentleman named Hacket, who stood on the high Tory interest. A stratagem was devised which, it was thought, could not fail of success. It was given out that the polling would take place at Ailesbury; and Wharton, whose skill in all the arts of electioneering was unrivalled, made his arrangements on that supposition. At a moment's warning the Sheriff adjourned the poll to Newport Pagnell. Wharton and his friends hurried thither, and found that Hacket, who was in the secret, had already secured every inn and lodging. The Whig freeholders were compelled to tie their horses to the hedges, and to sleep under the open sky in the meadows which surround the little town. It was with the greatest difficulty that refreshments could be procured at such short notice for so large a number of men and beasts, though Wharton, who was utterly regardless of money when his ambition and party spirit were roused, disbursed fifteen hundred pounds in one day, an immense outlay for those times. Injustice seems, however, to have animated the courage of the stouthearted yeomen of Bucks, the sons of the const.i.tuents of John Hampden. Not only was Wharton at the head of the poll; but he was able to spare his second votes to a man of moderate opinions, and to throw out the Chief Justice's candidate. [261]

In Cheshire the contest lasted six days. The Whigs polled about seventeen hundred votes, the Tories about two thousand. The common people were vehement on the Whig side, raised the cry of "Down with the Bishops," insulted the clergy in the streets of Chester, knocked down one gentleman of the Tory party, broke the windows and beat the constables. The militia was called out to quell the riot, and was kept a.s.sembled, in order to protect the festivities of the conquerors. When the poll closed, a salute of five great guns from the castle proclaimed the triumph of the Church and the Crown to the surrounding country. The bells rang. The newly elected members went in state to the City Cross, accompanied by a band of music, and by a long train of knights and squires. The procession, as it marched, sang "Joy to Great Caesar," a loyal ode, which had lately been written by Durfey, and which, though like all Durfey's writings, utterly contemptible, was, at that time, almost as popular as Lillibullero became a few years later. [262] Round the Cross the trainbands were drawn up in order: a bonfire was lighted: the Exclusion Bill was burned: and the health of King James was drunk with loud acclamations. The following day was Sunday. In the morning the militia lined the streets leading to the Cathedral. The two knights of the shire were escorted with great pomp to their choir by the magistracy of the city, heard the Dean preach a sermon, probably on the duty of pa.s.sive obedience, and were afterwards feasted by the Mayor. [263]

In Northumberland the triumph of Sir John Fenwick, a courtier whose name afterwards obtained a melancholy celebrity, was attended by circ.u.mstances which excited interest in London, and which were thought not unworthy of being mentioned in the despatches of foreign ministers.

Newcastle was lighted up with great piles of coal. The steeples sent forth a joyous peal. A copy of the Exclusion Bill, and a black box, resembling that which, according to the popular fable, contained the contract between Charles the Second and Lucy Walters, were publicly committed to the flames, with loud acclamations. [264]

The general result of the elections exceeded the most sanguine expectations of the court. James found with delight that it would be unnecessary for him to expend a farthing in buying votes. He Said that, with the exception of about forty members, the House of Commons was just such as he should himself have named. [265] And this House of Commons it was in his power, as the law then stood, to keep to the end of his reign.

Secure of parliamentary support, he might now indulge in the luxury of revenge. His nature was not placable; and, while still a subject, he had suffered some injuries and indignities which might move even a placable nature to fierce and lasting resentment. One set of men in particular had, with a baseness and cruelty beyond all example and all description, attacked his honour and his life, the witnesses of the plot. He may well be excused for hating them; since, even at this day, the mention of their names excites the disgust and horror of all sects and parties.

Some of these wretches were already beyond the reach of human justice.

Bedloe had died in his wickedness, without one sign of remorse or shame.

[266] Dugdale had followed, driven mad, men said, by the Furies of an evil conscience, and with loud shrieks imploring those who stood round his bed to take away Lord Stafford. [267] Carstairs, too, was gone. His end had been all horror and despair; and, with his last breath, he had told his attendants to throw him into a ditch like a dog, for that he was not fit to sleep in a Christian burial ground. [268] But Oates and Dangerfield were still within the reach of the stern prince whom they had wronged. James, a short time before his accession, had inst.i.tuted a civil suit against Oates for defamatory words; and a jury had given damages to the enormous amount of a hundred thousand pounds. [269] The defendant had been taken in execution, and was lying in prison as a debtor, without hope of release. Two bills of indictment against him for perjury had been found by the grand jury of Middles.e.x, a few weeks before the death of Charles. Soon after the close of the elections the trial came on.

Among the upper and middle cla.s.ses Oates had few friends left. The most respectable Whigs were now convinced that, even if his narrative had some foundation in fact, he had erected on that foundation a vast superstructure of romance. A considerable number of low fanatics, however, still regarded him as a public benefactor. These people well knew that, if he were convicted, his sentence would be one of extreme severity, and were therefore indefatigable in their endeavours to manage an escape. Though he was as yet in confinement only for debt, he was put into irons by the authorities of the King's Bench prison; and even so he was with difficulty kept in safe custody. The mastiff that guarded his door was poisoned; and, on the very night preceding the trial, a ladder of ropes was introduced into the cell.

On the day in which t.i.tus was brought to the bar, Westminster Hall was crowded with spectators, among whom were many Roman Catholics, eager to see the misery and humiliation of their persecutor. [270] A few years earlier his short neck, his legs uneven, the vulgar said, as those of a badger, his forehead low as that of a baboon, his purple cheeks, and his monstrous length of chin, had been familiar to all who frequented the courts of law. He had then been the idol of the nation. Wherever he had appeared, men had uncovered their heads to him. The lives and estates of the magnates of the realm had been at his mercy. Times had now changed; and many, who had formerly regarded him as the deliverer of his country, shuddered at the sight of those hideous features on which villany seemed to be written by the hand of G.o.d. [271]

It was proved, beyond all possibility of doubt, that this man had by false testimony deliberately murdered several guiltless persons. He called in vain on the most eminent members of the Parliaments which had rewarded and extolled him to give evidence in his favour. Some of those whom he had summoned absented themselves. None of them said anything tending to his vindication. One of them, the Earl of Huntingdon, bitterly reproached him with having deceived the Houses and drawn on them the guilt of shedding innocent blood. The Judges browbeat and reviled the prisoner with an intemperance which, even in the most atrocious cases, ill becomes the judicial character. He betrayed, however, no sign of fear or of shame, and faced the storm of invective which burst upon him from bar, bench, and witness box, with the insolence of despair. He was convicted on both indictments. His offence, though, in a moral light, murder of the most aggravated kind, was, in the eye of the law, merely a misdemeanour. The tribunal, however, was desirous to make his punishment more severe than that of felons or traitors, and not merely to put him to death, but to put him to death by frightful torments. He was sentenced to be stripped of his clerical habit, to be pilloried in Palace Yard, to be led round Westminster Hall with an inscription declaring his infamy over his head, to be pilloried again in front of the Royal Exchange, to be whipped from Aldgate to Newgate, and, after an interval of two days, to be whipped from Newgate to Tyburn. If, against all probability, he should happen to survive this horrible infliction, he was to be kept close prisoner during life. Five times every year he was to be brought forth from his dungeon and exposed on the pillory in different parts of the capital. [272] This rigorous sentence was rigorously executed. On the day on which Oates was pilloried in Palace Yard he was mercilessly pelted and ran some risk of being pulled in pieces. [273] But in the City his partisans mustered in great force, raised a riot, and upset the pillory. [274] They were, however, unable to rescue their favourite. It was supposed that he would try to escape the horrible doom which awaited him by swallowing poison.

All that he ate and drank was therefore carefully inspected. On the following morning he was brought forth to undergo his first flogging.

At an early hour an innumerable mult.i.tude filled all the streets from Aldgate to the Old Bailey. The hangman laid on the lash with such unusual severity as showed that he had received special instructions.

The blood ran down in rivulets. For a time the criminal showed a strange constancy: but at last his stubborn fort.i.tude gave way. His bellowings were frightful to hear. He swooned several times; but the scourge still continued to descend. When he was unbound, it seemed that he had borne as much as the human frame can bear without dissolution. James was entreated to remit the second flogging. His answer was short and clear: "He shall go through with it, if he has breath in his body." An attempt was made to obtain the Queen's intercession; but she indignantly refused to say a word in favour of such a wretch. After an interval of only forty-eight hours, Oates was again brought out of his dungeon. He was unable to stand, and it was necessary to drag him to Tyburn on a sledge. He seemed quite insensible; and the Tories reported that he had stupified himself with strong drink. A person who counted the stripes on the second day said that they were seventeen hundred. The bad man escaped with life, but so narrowly that his ignorant and bigoted admirers thought his recovery miraculous, and appealed to it as a proof of his innocence. The doors of the prison closed upon him. During many months he remained ironed in the darkest hole of Newgate. It was said that in his cell he gave himself up to melancholy, and sate whole days uttering deep groans, his arms folded, and his hat pulled over his eyes.

It was not in England alone that these events excited strong interest.

Millions of Roman Catholics, who knew nothing of our inst.i.tutions or of our factions, had heard that a persecution of singular barbarity had raged in our island against the professors of the true faith, that many pious men had suffered martyrdom, and that t.i.tus Oates had been the chief murderer. There was, therefore, great joy in distant countries when it was known that the divine justice had overtaken him. Engravings of him, looking out from the pillory, and writhing at the cart's tail, were circulated all over Europe; and epigrammatists, in many languages, made merry with the doctoral t.i.tle which he pretended to have received from the University of Salamanca, and remarked that, since his forehead could not be made to blush, it was but reasonable that his back should do so. [275]

Horrible as were the sufferings of Oates, they did not equal his crimes.

The old law of England, which had been suffered to become obsolete, treated the false witness, who had caused death by means of perjury, as a murderer. [276] This was wise and righteous; for such a witness is, in truth, the worst of murderers. To the guilt of shedding innocent blood he has added the guilt of violating the most solemn engagement into which man can enter with his fellow men, and of making inst.i.tutions, to which it is desirable that the public should look with respect and confidence, instruments of frightful wrong and objects of general distrust. The pain produced by ordinary murder bears no proportion to the pain produced by murder of which the courts of justice are made the agents. The mere extinction of life is a very small part of what makes an execution horrible. The prolonged mental agony of the sufferer, the shame and misery of all connected with him, the stain abiding even to the third and fourth generation, are things far more dreadful than death itself. In general it may be safely affirmed that the father of a large family would rather be bereaved of all his children by accident or by disease than lose one of them by the hands of the hangman. Murder by false testimony is therefore the most aggravated species of murder; and Oates had been guilty of many such murders. Nevertheless the punishment which was inflicted upon him cannot be justified. In sentencing him to be stripped of his ecclesiastical habit and imprisoned for life, the judges exceeded their legal power. They were undoubtedly competent to inflict whipping; nor had the law a.s.signed a limit to the number of stripes. But the spirit of the law clearly was that no misdemeanour should be punished more severely than the most atrocious felonies.

The worst felon could only be hanged. The judges, as they believed, sentenced Oates to be scourged to death. That the law was defective is not a sufficient excuse: for defective laws should be altered by the legislature, and not strained by the tribunals; and least of all should the law be strained for the purpose of inflicting torture and destroying life. That Oates was a bad man is not a sufficient excuse; for the guilty are almost always the first to suffer those hardships which are afterwards used as precedents against the innocent. Thus it was in the present case. Merciless flogging soon became an ordinary punishment for political misdemeanours of no very aggravated kind. Men were sentenced, for words spoken against the government, to pains so excruciating that they, with unfeigned earnestness, begged to be brought to trial on capital charges, and sent to the gallows. Happily the progress of this great evil was speedily stopped by the Revolution, and by that article of the Bill of Rights which condemns all cruel and unusual punishments.

The villany of Dangerfield had not, like that of Oates, destroyed many innocent victims; for Dangerfield had not taken up the trade of a witness till the plot had been blown upon and till juries had become incredulous. [277] He was brought to trial, not for perjury, but for the less heinous offense of libel. He had, during the agitation caused by the Exclusion Bill, put forth a narrative containing some false and odious imputations on the late and on the present King. For this publication he was now, after the lapse of five years, suddenly taken up, brought before the Privy Council, committed, tried, convicted, and sentenced to be whipped from Aldgate to Newgate and from Newgate to Tyburn. The wretched man behaved with great effrontery during the trial; but, when he heard his doom, he went into agonies of despair, gave himself up for dead, and chose a text for his funeral sermon. His forebodings were just. He was not, indeed, scourged quite so severely as Oates had been; but he had not Oates's iron strength of body and mind.

After the execution Dangerfield was put into a hackney coach and was taken back to prison. As he pa.s.sed the corner of Hatton Garden, a Tory gentleman of Gray's Inn, named Francis, stopped the carriage, and cried out with brutal levity, "Well, friend, have you had your heat this morning?" The bleeding prisoner, maddened by this insult, answered with a curse. Francis instantly struck him in the face with a cane which injured the eye. Dangerfield was carried dying into Newgate. This dastardly outrage roused the indignation of the bystanders. They seized Francis, and were with difficulty restrained from tearing him to pieces. The appearance of Dangerfield's body, which had been frightfully lacerated by the whip, inclined many to believe that his death was chiefly, if not wholly, caused by the stripes which he had received. The government and the Chief Justice thought it convenient to lay the whole blame on Francis, who; though he seems to have been at worst guilty only of aggravated manslaughter, was tried and executed for murder. His dying speech is one of the most curious monuments of that age. The savage spirit which had brought him to the gallows remained with him to the last. Boasts of his loyalty and abuse of the Whigs were mingled with the parting e.j.a.c.u.l.a.t.i.o.ns in which he commended his soul to the divine mercy. An idle rumour had been circulated that his wife was in love with Dangerfield, who was eminently handsome and renowned for gallantry.

The fatal blow, it was said, had been prompted by jealousy. The dying husband, with an earnestness, half ridiculous, half pathetic, vindicated the lady's character. She was, he said, a virtuous woman: she came of a loyal stock, and, if she had been inclined to break her marriage vow, would at least have selected a Tory and a churchman for her paramour.

[278]

About the same time a culprit, who bore very little resemblance to Oates or Dangerfield, appeared on the floor of the Court of King's Bench. No eminent chief of a party has ever pa.s.sed through many years of civil and religious dissension with more innocence than Richard Baxter. He belonged to the mildest and most temperate section of the Puritan body.

He was a young man when the civil war broke out. He thought that the right was on the side of the Houses; and he had no scruple about acting as chaplain to a regiment in the parliamentary army: but his clear and somewhat sceptical understanding, and his strong sense of justice, preserved him from all excesses. He exerted himself to check the fanatical violence of the soldiery. He condemned the proceedings of the High Court of Justice. In the days of the Commonwealth he had the boldness to express, on many occasions, and once even in Cromwell's presence, love and reverence for the ancient inst.i.tutions of the country. While the royal family was in exile, Baxter's life was chiefly pa.s.sed at Kidderminster in the a.s.siduous discharge of parochial duties.

He heartily concurred in the Restoration, and was sincerely desirous to bring about an union between Episcopalians and Presbyterians. For, with a liberty rare in his time, he considered questions of ecclesiastical polity as of small account when compared with the great principles of Christianity, and had never, even when prelacy was most odious to the ruling powers, joined in the outcry against Bishops. The attempt to reconcile the contending factions failed. Baxter cast in his lot with his proscribed friends, refused the mitre of Hereford, quitted the parsonage of Kidderminster, and gave himself up almost wholly to study.

His theological writings, though too moderate to be pleasing to the bigots of any party, had an immense reputation. Zealous Churchmen called him a Roundhead; and many Nonconformists accused him of Erastianism and Arminianism. But the integrity of his heart, the purity of his life, the vigour of his faculties, and the extent of his attainments were acknowledged by the best and wisest men of every persuasion. His political opinions, in spite of the oppression which he and his brethren had suffered, were moderate. He was friendly to that small party which was hated by both Whigs and Tories. He could not, he said, join in cursing the Trimmers, when he remembered who it was that had blessed the peacemakers. [279]

In a Commentary on the New Testament he had complained, with some bitterness, of the persecution which the Dissenters suffered. That men who, for not using the Prayer Book, had been driven from their homes, stripped of their property, and locked up in dungeons, should dare to utter a murmur, was then thought a high crime against the State and the Church. Roger Lestrange, the champion of the government and the oracle of the clergy, sounded the note of war in the Observator. An information was filed. Baxter begged that he might be allowed some time to prepare for his defence. It was on the day on which Oates was pilloried in Palace Yard that the ill.u.s.trious chief of the Puritans, oppressed by age and infirmities, came to Westminster Hall to make this request. Jeffreys burst into a storm of rage. "Not a minute," he cried, "to save his life.

I can deal with saints as well as with sinners. There stands Oates on one side of the pillory; and, if Baxter stood on the other, the two greatest rogues in the kingdom would stand together."

When the trial came on at Guildhall, a crowd of those who loved and honoured Baxter filled the court. At his side stood Doctor William Bates, one of the most eminent of the Nonconformist divines. Two Whig barristers of great note, Pollexfen and Wallop, appeared for the defendant. Pollexfen had scarcely begun his address to the jury, when the Chief Justice broke forth: "Pollexfen, I know you well. I will set a mark on you. You are the patron of the faction. This is an old rogue, a schismatical knave, a hypocritical villain. He hates the Liturgy.