The History of England, from the Accession of James II Volume II Part 12

Before the day of trial the agitation had spread to the farthest corners of the island. From Scotland the Bishops received letters a.s.suring 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.

On the twenty-ninth of June, Westminster Hall, Old and New Palace Yard, and all the neighbouring streets to a great distance were thronged with people. Such an auditory had never before and has never since been a.s.sembled in the Court of King's Bench. Thirty-five temporal peers of the realm were counted in the crowd. [394]

All the four judges of the Court were on the bench. Wright, who presided, had been raised to his high place over the heads of many abler and more learned men solely on account of his unscrupulous servility.

Allybone was a Papist, and owed his situation to that dispensing power, the legality of which was now in question. Holloway had hitherto been a serviceable tool of the government. Even Powell, whose character for honesty stood high, had borne a part in some proceedings which it is impossible to defend. He had, in the great case of Sir Edward Hales, with some hesitation, it is true, and after some delay, concurred with the majority of the bench, and had thus brought on his character a stain which his honourable conduct on this day completely effaced.

The counsel were by no means fairly matched. The government had required from its law officers services so odious and disgraceful that all the ablest jurists and advocates of the Tory party had, one after another, refused to comply, and had been dismissed from their employments. Sir Thomas Powis, the Attorney General, was scarcely of the third rank in his profession. Sir William Williams, the Solicitor General, had quick parts and dauntless courage: but he wanted discretion; he loved wrangling; he had no command over his temper; and he was hated and despised by all political parties. The most conspicuous a.s.sistants of the Attorney and Solicitor were Serjeant Trinder, a Roman Catholic, and Sir Bartholomew Shower, Recorder of London, who had some legal learning, but whose fulsome apologies and endless repet.i.tions were the jest of Westminster Hall. The government had wished to secure the services of Maynard: but he had plainly declared that he could not in conscience do what was asked of him. [395]

On the other side were arrayed almost all the eminent forensic talents of the age. Sawyer and Finch, who, at the time of the accession of James, had been Attorney and Solicitor General, and who, during the persecution of the Whigs in the late reign, had served the crown with but too much vehemence and success, were of counsel for the defendants.

With them were joined two persons who, since age had diminished the activity of Maynard, were reputed the two best lawyers that could be found in the Inns of Court: Pemberton, who had, in the time of Charles the Second, been Chief justice of the King's Bench, who had been removed from his high place on account of his humanity and moderation, and who had resumed his practice at the bar; and Pollexfen, who had long been at the head of the Western circuit, and who, though he had incurred much unpopularity by holding briefs for the crown at the b.l.o.o.d.y a.s.sizes, and particularly by appearing against Alice Lisle, was known to be at heart a Whig, if not a republican. Sir Creswell Levinz was also there, a man of great knowledge and experience, but of singularly timid nature. He had been removed from the bench some years before, because he was afraid to serve the purposes of the government. He was now afraid to appear as the advocate of the Bishops, and had at first refused to receive their retainer: but it had been intimated to him by the whole body of attorneys who employed him that, if he declined this brief, he should never have another. [396]

Sir George Treby, an able and zealous Whig, who had been Recorder of London under the old charter, was on the same side. Sir John Holt, a still more eminent Whig lawyer, was not retained for the defence, in consequence, it should seem, of some prejudice conceived against him by Sancroft, but was privately consulted on the case by the Bishop of London. [397] The junior counsel for the Bishops was a young barrister named John Somers. He had no advantages of birth or fortune; nor had he yet had any opportunity of distinguishing himself before the eyes of the public: but his genius, his industry, his great and various accomplishments, were well known to a small circle of friends; and, in spite of his Whig opinions, his pertinent and lucid mode of arguing and the constant propriety of his demeanour had already secured to him the ear of the Court of King's Bench. The importance of obtaining his services had been strongly represented to the Bishops by Johnstone; and Pollexfen, it is said, had declared that no man in Westminster Hall was so well qualified to treat a historical and const.i.tutional question as Somers.

The jury was sworn; it consisted of persons of highly respectable station. The foreman was Sir Roger Langley, a baronet of old and honourable family. With him were joined a knight and ten esquires, several of whom are known to have been men of large possessions. There were some Nonconformists in the number; for the Bishops had wisely resolved not to show any distrust of the Protestant Dissenters. One name excited considerable alarm, that of Michael Arnold. He was brewer to the palace; and it was apprehended that the government counted on his voice.

The story goes that he complained bitterly of the position in which he found himself. "Whatever I do," he said, "I am sure to be half ruined.

If I say Not Guilty, I shall brew no more for the King; and if I say Guilty, I shall brew no more for anybody else." [398]

The trial then commenced, a trial which, even when coolly perused after the lapse of more than a century and a half, has all the interest of a drama. The advocates contended on both sides with far more than professional keenness and vehemence: the audience listened with as much anxiety as if the fate of every one of them was to be decided by the verdict; and the turns of fortune were so sudden and amazing that the mult.i.tude repeatedly pa.s.sed in a single minute from anxiety to exultation and back again from exultation to still deeper anxiety.

The information charged the Bishops with having written or published, in the county of Middles.e.x, a false, malicious, and seditious libel.

The Attorney and Solicitor first tried to prove the writing. For this purpose several persons were called to speak to the hands of the Bishops. But the witnesses were so unwilling that hardly a single plain answer could be extracted from any of them. Pemberton, Pollexfen, and Levinz contended that there was no evidence to go to the jury. Two of the judges, Holloway and Powell, declared themselves of the same opinion; and the hopes of the spectators rose high. All at once the crown lawyers announced their intention to take another line. Powis, with shame and reluctance which he could not dissemble, put into the witness box Blathwayt, a Clerk of the Privy Council, who had been present when the King interrogated the Bishops. Blathwayt swore that he had heard them own their signatures. His testimony was decisive. "Why,"

said judge Holloway to the Attorney, "when you had such evidence, did you not produce it at first, without all this waste of time?" It soon appeared why the counsel for the crown had been unwilling, without absolute necessity, to resort to this mode of proof. Pemberton stopped Blathwayt, subjected him to a searching cross examination, and insisted upon having all that had pa.s.sed between the King and the defendants fully related. "That is a pretty thing indeed," cried Williams. "Do you think," said Powis, "that you are at liberty to ask our witnesses any impertinent question that comes into your heads?" The advocates of the Bishops were not men to be so put down. "He is sworn," said Pollexfen, "to tell the truth and the whole truth: and an answer we must and will have." The witness shuffled, equivocated, pretended to misunderstand the questions, implored the protection of the Court. But he was in hands from which it was not easy to escape. At length the Attorney again interposed. "If," he said, "you persist in asking such a question, tell us, at least, what use you mean to make of it." Pemberton, who, through the whole trial, did his duty manfully and ably, replied without hesitation; "My Lords, I will answer Mr. Attorney. I will deal plainly with the Court. If the Bishops owned this paper under a promise from His Majesty that their confession should not be used against them, I hope that no unfair advantage will be taken of them." "You put on His Majesty what I dare hardly name," said Williams: "since you will be so pressing, I demand, for the King, that the question may be recorded." "What do you mean, Mr. Solicitor?" said Sawyer, interposing. "I know what I mean,"

said the apostate: "I desire that the question may be recorded in Court." "Record what you will, I am not afraid of you, Mr. Solicitor,"

said Pemberton. Then came a loud and fierce altercation, which the Chief Justice could with difficulty quiet. In other circ.u.mstances, he would probably have ordered the question to be recorded and Pemberton to be committed. But on this great day he was overawed. He often cast a side glance towards the thick rows of Earls and Barons by whom he was watched, and who in the next Parliament might be his judges. He looked, a bystander said, as if all the peers present had halters in their pockets. [399] At length Blathwayt was forced to give a full account of what had pa.s.sed. It appeared that the King had entered into no express covenant with the Bishops. But it appeared also that the Bishops might not unreasonably think that there was an implied engagement. Indeed, from the unwillingness of the crown lawyers to put the Clerk of the Council into the witness box, and from the vehemence with which they objected to Pemberton's cross examination, it is plain that they were themselves of this opinion.

However, the handwriting was now proved. But a new and serious objection was raised. It was not sufficient to prove that the Bishops had written the alleged libel. It was necessary to prove also that they had written it in the county of Middles.e.x. And not only was it out of the power of the Attorney and Solicitor to prove this; but it was in the power of the defendants to prove the contrary. For it so happened that Sancroft had never once left the palace, at Lambeth from the time when the Order in Council appeared till after the pet.i.tion was in the King's hands. The whole case for the prosecution had therefore completely broken down; and the audience, with great glee, expected a speedy acquittal.

The crown lawyers then changed their ground again, abandoned altogether the charge of writing a libel, and undertook to prove that the Bishops had published a libel in the county of Middles.e.x. The difficulties were great. The delivery of the pet.i.tion to the King was undoubtedly, in the eye of the law, a publication. But how was this delivery to be proved?

No person had been present at the audience in the royal closet, except the King and the defendants. The King could not well be sworn. It was therefore only by the admissions of the defendants that the fact of publication could be established. Blathwayt was again examined, but in vain. He well remembered, he said, that the Bishops owned their hands; but he did not remember that they owned the paper which lay on the table of the Privy Council to be the same paper which they had delivered to the King, or that they were even interrogated on that point. Several other official men who had been in attendance on the Council were called, and among them Samuel Pepys, Secretary of the Admiralty; but none of them could remember that anything was said about the delivery.

It was to no purpose that Williams put leading questions till the counsel on the other side declared that such twisting, such wiredrawing, was never seen in a court of justice, and till Wright himself was forced to admit that the Solicitor's mode of examination was contrary to all rule. As witness after witness answered in the negative, roars of laughter and shouts of triumph, which the judges did not even attempt to silence, shook the hall.

It seemed that at length this hard fight had been won. The case for the crown was closed. Had the counsel for the Bishops remained silent, an acquittal was certain; for nothing which the most corrupt and shameless judge could venture to call legal evidence of publication had been given. The Chief justice was beginning to charge the jury, and would undoubtedly have directed them to acquit the defendants; but Finch, too anxious to be perfectly discreet, interfered, and begged to be heard.

"If you will be heard," said Wright, "you shall be heard; but you do not understand your own interests." The other counsel for the defence made Finch sit down, and begged the Chief justice to proceed. He was about to do so when a messenger came to the Solicitor General with news that Lord Sunderland could prove the publication, and would come down to the court immediately. Wright maliciously told the counsel for the defence that they had only themselves to thank for the turn which things had taken.

The countenances of the great mult.i.tude fell. Finch was, during some hours, the most unpopular man in the country. Why could he not sit still as his betters, Sawyer, Pemberton, and Pollexfen had done? His love of meddling, his ambition to make a fine speech, had ruined everything.

Meanwhile the Lord President was brought in a sedan chair through the hall. Not a hat moved as he pa.s.sed; and many voices cried out "Popish dog." He came into Court pale and trembling, with eyes fixed on the ground, and gave his evidence in a faltering voice. He swore that the Bishops had informed him of their intention to present a pet.i.tion to the King, and that they had been admitted into the royal closet for that purpose. This circ.u.mstance, coupled with the circ.u.mstance that, after they left the closet, there was in the King's hands a pet.i.tion signed by them, was such proof as might reasonably satisfy a jury of the fact of the publication.

Publication in Middles.e.x was then proved. But was the paper thus published a false, malicious, and seditious libel? Hitherto the matter in dispute had been whether a fact which everybody well knew to be true could be proved according to technical rules of evidence; but now the contest became one of deeper interest. It was necessary to inquire into the limits of prerogative and liberty, into the right of the King to dispense with statutes, into the right of the subject to pet.i.tion for the redress of grievances. During three hours the counsel for the pet.i.tioners argued with great force in defence of the fundamental principles of the const.i.tution, and proved from the journals of the House of Commons that the Bishops had affirmed no more than the truth when they represented to the King that the dispensing power which he claimed had been repeatedly declared illegal by Parliament. Somers rose last. He spoke little more than five minutes; but every word was full of weighty matter; and when he sate down his reputation as an orator and a const.i.tutional lawyer was established. He went through the expressions which were used in the information to describe the offence imputed to the Bishops, and showed that every word, whether adjective or substantive, was altogether inappropriate. The offence imputed was a false, a malicious, a seditious libel. False the paper was not; for every fact which it set forth had been proved from the journals of Parliament to be true. Malicious the paper was not; for the defendants had not sought an occasion of strife, but had been placed by the government in such a situation that they must either oppose themselves to the royal will, or violate the most sacred obligations of conscience and honour. Seditious the paper was not; for it had not been scattered by the writers among the rabble, but delivered privately into the hands of the King alone: and a libel it was not, but a decent pet.i.tion such as, by the laws of England, nay, by the laws of imperial Rome, by the laws of all civilised states, a subject who thinks himself aggrieved may with propriety present to the sovereign.

The Attorney replied shortly and feebly. The Solicitor spoke at great length and with great acrimony, and was often interrupted by the clamours and hisses of the audience. He went so far as to lay it down that no subject or body of subjects, except the Houses of Parliament, had a right to pet.i.tion the King. The galleries were furious; and the Chief justice himself stood aghast at the effrontery of this venal turncoat.

At length Wright proceeded to sum up the evidence. His language showed that the awe in which he stood of the government was tempered by the awe with which the audience, so numerous, so splendid, and so strongly excited, had impressed him. He said that he would give no opinion on the question of the dispensing power, that it was not necessary for him to do so, that he could not agree with much of the Solicitor's speech, that it was the right of the subject to pet.i.tion, but that the particular pet.i.tion before the Court was improperly worded, and was, in the contemplation of law, a libel. Allybone was of the same mind, but, in giving his opinion, showed such gross ignorance of law and history as brought on him the contempt of all who heard him. Holloway evaded the question of the dispensing power, but said that the pet.i.tion seemed to him to be such as subjects who think themselves aggrieved are ent.i.tled to present, and therefore no libel. Powell took a bolder course. He avowed that, in his judgment, the Declaration of Indulgence was a nullity, and that the dispensing power, as lately exercised, was utterly inconsistent with all law. If these encroachments of prerogative were allowed, there was an end of Parliaments. The whole legislative authority would be in the King. "That issue, gentlemen," he said, "I leave to G.o.d and to your consciences." [400]

It was dark before the jury retired to consider of their verdict. The night was a night of intense anxiety. Some letters are extant which were despatched during that period of suspense, and which have therefore an interest of a peculiar kind. "It is very late," wrote the Papal Nuncio; "and the decision is not yet known. The judges and the culprits have gone to their own homes. The jury remain together. Tomorrow we shall learn the event of this great struggle."

The solicitor for the Bishops sate up all night with a body of servants on the stairs leading to the room where the jury was, consulting. It was absolutely necessary to watch the officers who watched the doors; for those officers were supposed to be in the interest of the crown, and might, if not carefully observed, have furnished a courtly juryman with food, which would have enabled him to starve out the other eleven.

Strict guard was therefore kept. Not even a candle to light a pipe was permitted to enter. Some basins of water for washing were suffered to pa.s.s at about four in the morning. The jurymen, raging with thirst, soon lapped up the whole. Great numbers of people walked the neighbouring streets till dawn. Every hour a messenger came from Whitehall to know what was pa.s.sing. Voices, high in altercation, were repeatedly heard within the room: but nothing certain was known. [401]

At first nine were for acquitting and three for convicting. Two of the minority soon gave way; but Arnold was obstinate. Thomas Austin, a country gentleman of great estate, who had paid close attention to the evidence and speeches, and had taken full notes, wished to argue the question. Arnold declined. He was not used, he doggedly said, to reasoning and debating. His conscience was not satisfied; and he should not acquit the Bishops. "If you come to that," said Austin, "look at me.

I am the largest and strongest of the twelve; and before I find such a pet.i.tion as this a libel, here I will stay till I am no bigger than a tobacco pipe." It was six in the morning before Arnold yielded. It was soon known that the jury were agreed: but what the verdict would be was still a secret. [402]

At ten the Court again met. The crowd was greater than ever. The jury appeared in their box; and there was a breathless stillness.

Sir Samuel Astry spoke. "Do you find the defendants, or any of them, guilty of the misdemeanour whereof they are impeached, or not guilty?"

Sir Roger Langley answered, "Not guilty." As the words pa.s.sed his lips, Halifax sprang up and waved his hat. At that signal, benches and galleries raised a shout. In a moment ten thousand persons, who crowded the great hall, replied with a still louder shout, which made the old oaken roof crack; and in another moment the innumerable throng without set up a third huzza, which was heard at Temple Bar. The boats which covered the Thames, gave an answering cheer. A peal of gunpowder was heard on the water, and another, and another; and so, in a few moments, the glad tidings went flying past the Savoy and the Friars to London Bridge, and to the forest of masts below. As the news spread, streets and squares, market places and coffeehouses, broke forth into acclamations. Yet were the acclamations less strange than the weeping.

For the feelings of men had been wound up to such a point that at length the stern English nature, so little used to outward signs of emotion, gave way, and thousands sobbed aloud for very joy. Meanwhile, from the outskirts of the mult.i.tude, hors.e.m.e.n were spurring off to bear along all the great roads intelligence of the victory of our Church and nation.

Yet not even that astounding explosion could awe the bitter and intrepid spirit of the Solicitor. Striving to make himself heard above the din, he called on the judges to commit those who had violated, by clamour, the dignity of a court of justice. One of the rejoicing populace was seized. But the tribunal felt that it would be absurd to punish a single individual for an offence common to hundreds of thousands, and dismissed him with a gentle reprimand. [403]

It was vain to think of pa.s.sing at that moment to any other business.

Indeed the roar of the mult.i.tude was such that, for half an hour, scarcely a word could be heard in court. Williams got to his coach amidst a tempest of hisses and curses. Cartwright, whose curiosity was ungovernable, had been guilty of the folly and indecency of coming to Westminster in order to hear the decision. He was recognised by his sacerdotal garb and by his corpulent figure, and was hooted through the hall. "Take care," said one, "of the wolf in sheep's clothing." "Make room," cried another, "for the man with the Pope in his belly." [404]

The acquitted prelates took refuge from the crowd which implored their blessing in the nearest chapel where divine service was performing.

Many churches were open on that morning throughout the capital; and many pious persons repaired thither. The bells of all the parishes of the City and liberties were ringing. The jury meanwhile could scarcely make their way out of the hall. They were forced to shake hands with hundreds. "G.o.d bless you," cried the people; "G.o.d prosper your families; you have done like honest goodnatured gentlemen; you have saved us all today." As the n.o.blemen who had appeared to support the good cause drove off, they flung from their carriage windows handfuls of money, and bade the crowd drink to the health of the King, the Bishops, and the jury.

[405]

The Attorney went with the tidings to Sunderland, who happened to be conversing with the Nuncio. "Never," said Powis, "within man's memory, have there been such shouts and such tears of joy as today." [406] The King had that morning visited the camp on Hounslow Heath. Sunderland instantly sent a courier thither with the news. James was in Lord Feversham's tent when the express arrived. He was greatly disturbed, and exclaimed in French, "So much the worse for them." He soon set out for London. While he was present, respect prevented the soldiers from giving a loose to their feelings; but he had scarcely quitted the camp when he heard a great shouting behind him. He was surprised, and asked what that uproar meant. "Nothing," was the answer: "the soldiers are glad that the Bishops are acquitted." "Do you call that nothing?" said James. And then he repeated, "So much the worse for them." [407]

He might well be out of temper. His defeat had been complete and most humiliating. Had the prelates escaped on account of some technical defect in the case for the crown, had they escaped because they had not written the pet.i.tion in Middles.e.x, or because it was impossible to prove, according to the strict rules of law, that they had delivered to the King the paper for which they were called in question, the prerogative would have suffered no shock. Happily for the country, the fact of publication had been fully established. The counsel for the defence had therefore been forced to attack the dispensing power.

They had attacked it with great learning, eloquence, and boldness.

The advocates of the government had been by universal acknowledgment overmatched in the contest. Not a single judge had ventured to declare that the Declaration of Indulgence was legal. One Judge had in the strongest terms p.r.o.nounced it illegal. The language of the whole town was that the dispensing power had received a fatal blow. Finch, who had the day before been universally reviled, was now universally applauded.

He had been unwilling, it was said, to let the case be decided in a way which would have left the great const.i.tutional question still doubtful.

He had felt that a verdict which should acquit his clients, without condemning the Declaration of Indulgence, would be but half a victory.

It is certain that Finch deserved neither the reproaches which had been cast on him while the event was doubtful, nor the praises which he received when it had proved happy. It was absurd to blame him because, during the short delay which he occasioned, the crown lawyers unexpectedly discovered new evidence. It was equally absurd to suppose that he deliberately exposed his clients to risk, in order to establish a general principle: and still more absurd was it to praise him for what would have been a gross violation of professional duty.

That joyful day was followed by a not less joyful night. The Bishops, and some of their most respectable friends, in vain exerted themselves to prevent tumultuous demonstrations of joy. Never within the memory of the oldest, not even on that evening on which it was known through London that the army of Scotland had declared for a free Parliament, had the streets been in such a glare with bonfires. Round every bonfire crowds were drinking good health to the Bishops and confusion to the Papists. The windows were lighted with rows of candles. Each row consisted of seven; and the taper in the centre, which was taller than the rest, represented the Primate. The noise of rockets, squibs, and firearms, was incessant. One huge pile of f.a.ggots blazed right in front of the great gate of Whitehall. Others were lighted before the doors of Roman Catholic Peers. Lord Arundell of Wardour wisely quieted the mob with a little money: but at Salisbury House in the Strand an attempt at resistance was made. Lord Salisbury's servants sallied out and fired: but they killed only the unfortunate beadle of the parish, who had come thither to put out the fire; and they were soon routed and driven back into the house. None of the spectacles of that night interested the common people so much as one with which they had, a few years before, been familiar, and which they now, after a long interval, enjoyed once more, the burning of the Pope. This once familiar pageant is known to our generation only by descriptions and engravings. A figure, by no means resembling those rude representations of Guy Faux which are still paraded on the fifth of November, but made of wax with some skill, and adorned at no small expense with robes and a tiara, was mounted on a chair resembling that in which the Bishops of Rome are still, on some great festivals, borne through Saint Peter's Church to the high altar.

His Holiness was generally accompanied by a train of Cardinals and Jesuits. At his ear stood a buffoon disguised as a devil with horns and tail. No rich and zealous Protestant grudged his guinea on such an occasion, and, if rumour could be trusted, the cost of the procession was sometimes not less than a thousand pounds. After the Pope had been borne some time in state over the heads of the mult.i.tude, he was committed to the flames with loud acclamations. In the time of the popularity of Oates and Shaftesbury this show was exhibited annually in Fleet Street before the windows of the Whig Club on the anniversary of the birth of Queen Elizabeth. Such was the celebrity of these grotesque rites, that Barillon once risked his life in order to peep at them from a hiding place. [408] But, from the day when the Rye House Plot was discovered, till the day of the acquittal of the Bishops, the ceremony had been disused. Now, however, several Popes made their appearance in different parts of London. The Nuncio was much shocked; and the King was more hurt by this insult to his Church than by all the other affronts which he had received. The magistrates, however, could do nothing. The Sunday had dawned, and the bells of the parish churches were ringing for early prayers, before the fires began to languish and the crowds to disperse. A proclamation was speedily put forth against the rioters.

Many of them, mostly young apprentices, were apprehended; but the bills were thrown out at the Middles.e.x sessions. The magistrates, many of whom were Roman Catholics, expostulated with the grand jury and sent them three or four times back, but to no purpose. [409]

Meanwhile the glad tidings were flying to every part of the kingdom, and were everywhere received with rapture. Gloucester, Bedford, and Lichfield, were among the places which were distinguished by peculiar zeal: but Bristol and Norwich, which stood nearest to London in population and wealth, approached nearest to London in enthusiasm on this joyful occasion.

The prosecution of the Bishops is an event which stands by itself in our history. It was the first and the last occasion on which two feelings of tremendous potency, two feelings which have generally been opposed to each other, and either of which, when strongly excited, has sufficed to convulse the state, were united in perfect harmony. Those feelings were love of the Church and love of freedom. During many generations every violent outbreak of High Church feeling, with one exception, has been unfavourable to civil liberty; every violent outbreak of zeal for liberty, with one exception, has been unfavourable to the authority and influence of the prelacy and the priesthood. In 1688 the cause of the hierarchy was for a moment that of the popular party. More than nine thousand clergymen, with the Primate and his most respectable suffragans at their head, offered themselves to endure bonds and the spoiling of their goods for the great fundamental principle of our free const.i.tution. The effect was a coalition which included the most zealous Cavaliers, the most zealous Republicans, and all the intermediate sections of the community. The spirit which had supported Hampden in the preceding generation, the spirit which, in the succeeding generation, supported Sacheverell, combined to support the Archbishop who was Hampden and Sacheverell in one. Those cla.s.ses of society which are most deeply interested in the preservation of order, which in troubled times are generally most ready to strengthen the hands of government, and which have a natural antipathy to agitators, followed, without scruple, the guidance of a venerable man, the first peer of the realm, the first minister of the Church, a Tory in politics, a saint in manners, whom tyranny had in his own despite turned into a demagogue. Those, on the other hand, who had always abhorred episcopacy, as a relic of Popery, and as an instrument of arbitrary power, now asked on bended knees the blessing of a prelate who was ready to wear fetters and to lay his aged limbs on bare stones rather than betray the interests of the Protestant religion and set the prerogative above the laws. With love of the Church and with love of freedom was mingled, at this great crisis, a third feeling which is among the most honourable peculiarities of our national character. An individual oppressed by power, even when dest.i.tute of all claim to public respect and grat.i.tude, generally finds strong sympathy among us. Thus, in the time of our grandfathers, society was thrown into confusion by the persecution of Wilkes. We have ourselves seen the nation roused almost to madness by the wrongs of Queen Caroline. It is probable, therefore, that, even if no great political and religious interests had been staked on the event of the proceeding against the Bishops, England would not have seen, without strong emotions of pity and anger, old men of stainless virtue pursued by the vengeance of a harsh and inexorable prince who owed to their fidelity the crown which he wore.