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

THE marked discourtesy of the Pope might well have irritated the meekest of princes. But the only effect which it produced on James was to make him more lavish of caresses and compliments. While Castelmaine, his whole soul festered with angry passions, was on his road back to England, the Nuncio was loaded with honours which his own judgment would have led him to reject. He had, by a fiction often used in the Church of Rome, been lately raised to the episcopal dignity without having the charge of any see. He was called Archbishop of Amasia, a city of Pontus, the birthplace of Strabo and Mithridates. James insisted that the ceremony of consecration should be performed in the chapel of Saint James's Palace. The Vicar Apostolic Leyburn and two Irish prelates officiated. The doors were thrown open to the public; and it was remarked that some of those Puritans who had recently turned courtiers were among the spectators. In the evening Adda, wearing the robes of his new office, joined the circle in the Queen's apartments. James fell on his knees in the presence of the whole court and implored a blessing. In spite of the restraint imposed by etiquette, the astonishment and disgust of the bystanders could not be concealed. 278 (#x20_x_20_i78) It was long indeed since an English sovereign had knelt to mortal man; and those who saw the strange sight could not but think of that day of shame when John did homage for his crown between the hands of Pandolph.

In a short time a still more ostentatious pageant was performed in honour of the Holy See. It was determined that the Nuncio should go to court in solemn procession. Some persons on whose obedience the King had counted showed, on this occasion, for the first time, signs of a mutinous spirit. Among these the most conspicuous was the second temporal peer of the realm, Charles Seymour, commonly called the proud Duke of Somerset. He was in truth a man in whom the pride of birth and rank amounted almost to a disease. The fortune which he had inherited was not adequate to the high place which he held among the English aristocracy: but he had become possessed of the greatest estate in England by his marriage with the daughter and heiress of the last Percy who wore the ancient coronet of Northumberland. Somerset was only in his twenty-fifth year, and was very little known to the public, He was a Lord of the King's Bedchamber, and colonel of one of the regiments which had been raised at the time of the Western insurrection. He had not scrupled to carry the sword of state into the royal chapel on days of festival: but he now resolutely refused to swell the pomp of the Nuncio. Some members of his family implored him not to draw on himself the royal displeasure: but their intreaties produced no effect. The King himself expostulated. "I thought, my Lord," said he, "that I was doing you a great honour in appointing you to escort the minister of the first of all crowned heads." "Sir," said the Duke, "I am advised that I cannot obey your Majesty without breaking the law." "I will make you fear me as well as the law," answered the King, insolently. "Do you not know that I am above the law?" "Your Majesty may be above the law," replied Somerset; "but I am not; and, while I obey the law, I fear nothing." The King turned away in high displeasure, and Somerset was instantly dismissed from his posts in the household and in the army. 279 (#x20_x_20_i81)

On one point, however, James showed some prudence. He did not venture to parade the Papal Envoy in state before the vast population of the capital. The ceremony was performed, on the third of July 1687, at Windsor. Great multitudes flocked to the little town. The visitors were so numerous that there was neither food nor lodging for them; and many persons of quality sate the whole day in their carriages waiting for the exhibition. At length, late in the afternoon, the Knight Marshal's men appeared on horseback. Then came a long train of running footmen; and then, in a royal coach, appeared Adda, robed in purple, with a brilliant cross on his breast. He was followed by the equipages of the principal courtiers and ministers of state. In his train the crowd recognised with disgust the arms and liveries of Crewe, Bishop of Durham, and of Cartwright, Bishop of Chester. 280 (#x20_x_20_i84)

On the following day appeared in the Gazette a proclamation dissolving that Parliament which of all the fifteen Parliaments held by the Stuarts had been the most obsequious. 281 (#x20_x_20_i87)

Meanwhile new difficulties had arisen in Westminster Hall. Only a few months had elapsed since some Judges had been turned out and others put in for the purpose of obtaining a decision favourable to the crown in the case of Sir Edward Hales; and already fresh changes were necessary.

The King had scarcely formed that army on which he chiefly depended for the accomplishing of his designs when he found that he could not himself control it. When war was actually raging in the kingdom a mutineer or a deserter might be tried by a military tribunal and executed by the Provost Marshal. But there was now profound peace. The common law of England, having sprung up in an age when all men bore arms occasionally and none constantly, recognised no distinction, in time of peace, between a soldier and any other subject; nor was there any Act resembling that by which the authority necessary for the government of regular troops is now annually confided to the Sovereign. Some old statutes indeed made desertion felony in certain specified cases. But those statutes were applicable only to soldiers serving the King in actual war, and could not without the grossest disingenuousness be so strained as to include the case of a man who, in a time of profound tranquillity at home and abroad, should become tired of the camp at Hounslow and should go back to his native village. The government appears to have had no hold on such a man, except the hold which master bakers and master tailors have on their journeymen. He and his officers were, in the eye of the law, on a level. If he swore at them he might be fined for an oath. If he struck them he might be prosecuted for assault and battery. In truth the regular army was under less restraint than the militia. For the militia was a body established by an Act of Parliament, and it had been provided by that Act that slight punishments might be summarily inflicted for breaches of discipline.

It does not appear that, during the reign of Charles the Second, the practical inconvenience arising from this state of the law had been much felt. The explanation may perhaps be that, till the last year of his reign, the force which he maintained in England consisted chiefly of household troops, whose pay was so high that dismission from the service would have been felt by most of them as a great calamity. The stipend of a private in the Life Guards was a provision for the younger son of a gentleman. Even the Foot Guards were paid about as high as manufacturers in a prosperous season, and were therefore in a situation which the great body of the labouring population might regard with envy. The return of the garrison of Tangier and the raising of the new regiments had made a great change. There were now in England many thousands of soldiers, each of whom received only eightpence a day. The dread of dismission was not sufficient to keep them to their duty: and corporal punishment their officers could not legally inflict. James had therefore one plain choice before him, to let his army dissolve itself, or to induce the judges to pronounce that the law was what every barrister in the Temple knew that it was not.

It was peculiarly important to secure the cooperation of two courts; the court of King's Bench, which was the first criminal tribunal in the realm, and the court of gaol delivery which sate at the Old Bailey, and which had jurisdiction over offences committed in the capital. In both these courts there were great difficulties. Herbert, Chief Justice of the King's Bench, servile as he had hitherto been, would go no further. Resistance still more sturdy was to be expected from Sir John Holt, who, as Recorder of the City of London, occupied the bench at the Old Bailey. Holt was an eminently learned and clear headed lawyer: he was an upright and courageous man; and, though he had never been factious, his political opinions had a tinge of Whiggism. All obstacles, however, disappeared before the royal will. Holt was turned out of the recordership. Herbert and another Judge were removed from the King's Bench; and the vacant places were filled by persons in whom the government could confide. It was indeed necessary to go very low down in the legal profession before men could be found willing to render such services as were now required. The new Chief justice, Sir Robert Wright, was ignorant to a proverb; yet ignorance was not his worst fault. His vices had ruined him. He had resorted to infamous ways of raising money, and had, on one occasion, made a false affidavit in order to obtain possession of five hundred pounds. Poor, dissolute, and shameless, he had become one of the parasites of Jeffreys, who promoted him and insulted him. Such was the man who was now selected by James to be Lord Chief justice of England. One Richard Allibone, who was even more ignorant of the law than Wright, and who, as a Roman Catholic, was incapable of holding office, was appointed a puisne judge of the King's Bench. Sir Bartholomew Shower, equally notorious as a servile Tory and a tedious orator, became Recorder of London. When these changes had been made, several deserters were brought to trial. They were convicted in the face of the letter and of the spirit of the law. Some received sentence of death at the bar of the King's Bench, some at the Old Bailey. They were hanged in sight of the regiments to which they had belonged; and care was taken that the executions should be announced in the London Gazette, which very seldom noticed such events. 282 (#x20_x_20_i90)

It may well be believed, that the law, so grossly insulted by courts which derived from it all their authority, and which were in the habit of looking to it as their guide, would be little respected by a tribunal which had originated in tyrannical caprice. The new High Commission had, during the first months of its existence, merely inhibited clergymen from exercising spiritual functions. The rights of property had remained untouched. But, early in the year 1687, it was determined to strike at freehold interests, and to impress on every Anglican priest and prelate the conviction that, if he refused to lend his aid for the purpose of destroying the Church of which he was a minister, he would in an hour be reduced to beggary.

It would have been prudent to try the first experiment on some obscure individual. But the government was under an infatuation such as, in a more simple age, would have been called judicial. War was therefore at once declared against the two most venerable corporations of the realm, the Universities of Oxford and Cambridge.

The power of those bodies has during many ages been great; but it was at the height during the latter part of the seventeenth century. None of the neighbouring countries could boast of such splendid and opulent seats of learning. The schools of Edinburgh and Glasgow, of Leyden and Utrecht, of Louvain and Leipzig, of Padua and Bologna, seemed mean to scholars who had been educated in the magnificent foundations of Wykeham and Wolsey, of Henry the Sixth and Henry the Eighth. Literature and science were, in the academical system of England, surrounded with pomp, armed with magistracy, and closely allied with all the most august institutions of the state. To be the Chancellor of an University was a distinction eagerly sought by the magnates of the realm. To represent an University in Parliament was a favourite object of the ambition of statesmen. Nobles and even princes were proud to receive from an University the privilege of wearing the doctoral scarlet. The curious were attracted to the Universities by ancient buildings rich with the tracery of the middle ages, by modern buildings which exhibited the highest skill of Jones and Wren, by noble halls and chapels, by museums, by botanical gardens, and by the only great public libraries which the kingdom then contained. The state which Oxford especially displayed on solemn occasions rivalled that of sovereign princes. When her Chancellor, the venerable Duke of Ormond, sate in his embroidered mantle on his throne under the painted ceiling of the Sheldonian theatre, surrounded by hundreds of graduates robed according to their rank, while the noblest youths of England were solemnly presented to him as candidates for academical honours, he made an appearance scarcely less regal than that which his master made in the Banqueting House of Whitehall. At the Universities had been formed the minds of almost all the eminent clergymen, lawyers, physicians, wits, poets, and orators of the land, and of a large proportion of the nobility and of the opulent gentry. It is also to be observed that the connection between the scholar and the school did not terminate with his residence. He often continued to be through life a member of the academical body, and to vote as such at all important elections. He therefore regarded his old haunts by the Cam and the Isis with even more than the affection which educated men ordinarily feel for the place of their education. There was no corner of England in which both Universities had not grateful and zealous sons. Any attack on the honour or interests of either Cambridge or Oxford was certain to excite the resentment of a powerful, active, and intelligent class scattered over every county from Northumberland to Cornwall.

The resident graduates, as a body, were perhaps not superior positively to the resident graduates of our time: but they occupied a far higher position as compared with the rest of the community. For Cambridge and Oxford were then the only two provincial towns in the kingdom in which could be found a large number of men whose understandings had been highly cultivated. Even the capital felt great respect for the authority of the Universities, not only on questions of divinity, of natural philosophy, and of classical antiquity, but also on points on which capitals generally claim the right of deciding in the last resort. From Will's coffee house, and from the pit of the theatre royal in Drury Lane, an appeal lay to the two great national seats of taste and learning. Plays which had been enthusiastically applauded in London were not thought out of danger till they had undergone the more severe judgment of audiences familiar with Sophocles and Terence. 283 (#x20_x_20_i93)

The great moral and intellectual influence of the English Universities had been strenuously exerted on the side of the crown. The head quarters of Charles the First had been at Oxford; and the silver tankards and salvers of all the colleges had been melted down to supply his military chest. Cambridge was not less loyally disposed. She had sent a large part of her plate to the royal camp; and the rest would have followed had not the town been seized by the troops of the Parliament. Both Universities had been treated with extreme severity by the victorious Puritans. Both had hailed the restoration with delight. Both had steadily opposed the Exclusion Bill. Both had expressed the deepest horror at the Rye House Plot. Cambridge had not only deposed her Chancellor Monmouth, but had marked her abhorrence of his treason in a manner unworthy of a scat of learning, by committing to the flames the canvass on which his pleasing face and figure had been portrayed by the utmost skill of Kneller. 284 (#x20_x_20_i96) Oxford, which lay nearer to the Western insurgents, had given still stronger proofs of loyalty. The students, under the sanction of their preceptors, had taken arms by hundreds in defence of hereditary right. Such were the bodies which James now determined to insult and plunder in direct defiance of the laws and of his plighted faith.

Several Acts of Parliament, as clear as any that were to be found in the statute book, had provided that no person should be admitted to any degree in either University without taking the oath of supremacy, and another oath of similar character called the oath of obedience. Nevertheless, in February 1687, a royal letter was sent to Cambridge directing that a Benedictine monk, named Alban Francis, should be admitted a Master of Arts.

The academical functionaries, divided between reverence for the King and reverence for the law, were in great distress. Messengers were despatched in all haste to the Duke of Albemarle, who had succeeded Monmouth as Chancellor of the University. He was requested to represent the matter properly to the King. Meanwhile the Registrar and Bedells waited on Francis, and informed him that, if he would take the oaths according to law, he should be instantly admitted. He refused to be sworn, remonstrated with the officers of the University on their disregard of the royal mandate, and, finding them resolute, took horse, and hastened to relate his grievances at Whitehall.

The heads of the colleges now assembled in council. The best legal opinions were taken, and were decidedly in favour of the course which had been pursued. But a second letter from Sunderland, in high and menacing terms, was already on the road. Albemarle informed the University, with many expressions of concern, that he had done his best, but that he had been coldly and ungraciously received by the King. The academical body, alarmed by the royal displeasure, and conscientiously desirous to meet the royal wishes, but determined not to violate the clear law of the land, submitted the humblest and most respectful explanations, but to no purpose. In a short time came down a summons citing the Vicechancellor and the Senate to appear before the new High Commission at Westminster on the twenty-first of April. The Vicechancellor was to attend in person; the Senate, which consists of all the Doctors and Masters of the University, was to send deputies.

When the appointed day arrived, a great concourse filled the Council chamber. Jeffreys sate at the head of the board. Rochester, since the white staff had been taken from him, was no longer a member. In his stead appeared the Lord Chamberlain, John Sheffield, Earl of Mulgrave. The fate of this nobleman has, in one respect, resembled the fate of his colleague Sprat. Mulgrave wrote verses which scarcely ever rose above absolute mediocrity: but, as he was a man of high note in the political and fashionable world, these verses found admirers. Time dissolved the charm, but, unfortunately for him, not until his lines had acquired a prescriptive right to a place in all collections of the works of English poets. To this day accordingly his insipid essays in rhyme and his paltry songs to Amoretta and Gloriana are reprinted in company with Comus and Alexander's Feast. The consequence is that our generation knows Mulgrave chiefly as a poetaster, and despises him as such. In truth however he was, by the acknowledgment of those who neither loved nor esteemed him, a man distinguished by fine parts, and in parliamentary eloquence inferior to scarcely any orator of his time. His moral character was entitled to no respect. He was a libertine without that openness of heart and hand which sometimes makes libertinism amiable, and a haughty aristocrat without that elevation of sentiment which sometimes makes aristocratical haughtiness respectable. The satirists of the age nicknamed him Lord Allpride. Yet was his pride compatible with all ignoble vices. Many wondered that a man who had so exalted a sense of his dignity could be so hard and niggardly in all pecuniary dealings. He had given deep offence to the royal family by venturing to entertain the hope that he might win the heart and hand of the Princess Anne. Disappointed in this attempt, he had exerted himself to regain by meanness the favour which he had forfeited by presumption. His epitaph, written by himself, still informs all who pass through Westminster Abbey that he lived and died a sceptic in religion; and we learn from the memoirs which he wrote that one of his favourite subjects of mirth was the Romish superstition. Yet he began, as soon as James was on the throne, to express a strong inclination towards Popery, and at length in private affected to be a convert. This abject hypocrisy had been rewarded by a place in the Ecclesiastical Commission. 285 (#x20_x_20_i99)

Before that formidable tribunal now appeared the Vicechancellor of the University of Cambridge, Doctor John Pechell. He was a man of no great ability or vigour, but he was accompanied by eight distinguished academicians, elected by the Senate. One of these was Isaac Newton, Fellow of Trinity College, and Professor of mathematics. His genius was then in the fullest vigour. The great work, which entitles him to the highest place among the geometricians and natural philosophers of all ages and of all nations, had been some time printing under the sanction of the Royal Society, and was almost ready for publication. He was the steady friend of civil liberty and of the Protestant religion: but his habits by no means fitted him for the conflicts of active life. He therefore stood modestly silent among the delegates, and left to men more versed in practical business the task of pleading the cause of his beloved University.

Never was there a clearer case. The law was express. The practice had been almost invariably in conformity with the law. It might perhaps have happened that, on a day of great solemnity, when many honorary degrees were conferred, a person who had not taken the oaths might have passed in the crowd. But such an irregularity, the effect of mere haste and inadvertence, could not be cited as a precedent. Foreign ambassadors of various religions, and in particular one Mussulman, had been admitted without the oaths. But it might well be doubted whether such cases fell within the reason and spirit of the Acts of Parliament. It was not even pretended that any person to whom the oaths had been tendered and who had refused them had ever taken a degree; and this was the situation in which Francis stood. The delegates offered to prove that, in the late reign, several royal mandates had been treated as nullities because the persons recommended had not chosen to qualify according to law, and that, on such occasions, the government had always acquiesced in the propriety of the course taken by the University. But Jeffreys would hear nothing. He soon found out that the Vice chancellor was weak, ignorant, and timid, and therefore gave a loose to all that insolence which had long been the terror of the Old Bailey. The unfortunate Doctor, unaccustomed to such a presence and to such treatment, was soon harassed and scared into helpless agitation. When other academicians who were more capable of defending their cause attempted to speak they were rudely silenced. "You are not Vicechancellor. When you are, you may talk. Till then it will become you to hold your peace." The defendants were thrust out of the court without a hearing. In a short time they were called in, again, and informed that the Commissioners had determined to deprive Pechell of the Vicechancellorship, and to suspend him from all the emoluments to which he was entitled as Master of a college, emoluments which were strictly of the nature of freehold property. "As for you," said Jeffreys to the delegates, "most of you are divines. I will therefore send you home with a text of scripture, 'Go your way and sin no more, lest a worse thing happen to you.'" 286 (#x20_x_20_i104)

These proceedings might seem sufficiently unjust and violent. But the King had already begun to treat Oxford with such rigour that the rigour shown towards Cambridge might, by comparison, be called lenity. Already University College had been turned by Obadiah Walker into a Roman Catholic seminary. Already Christ Church was governed by a Roman Catholic Dean. Mass was already said daily in both those colleges. The tranquil and majestic city, so long the stronghold of monarchical principles, was agitated by passions which it had never before known. The undergraduates, with the connivance of those who were in authority over them, hooted the members of Walker's congregation, and chanted satirical ditties under his windows. Some fragments of the serenades which then disturbed the High Street have been preserved. The burden of one ballad was this:

"Old Obadiah Sings Ave Maria."

When the actors came down to Oxford, the public feeling was expressed still more strongly. Howard's Committee was performed. This play, written soon after the Restoration, exhibited the Puritans in an odious and contemptible light, and had therefore been, during a quarter of a century, a favourite with Oxonian audiences. It was now a greater favourite than ever; for, by a lucky coincidence, one of the most conspicuous characters was an old hypocrite named Obadiah. The audience shouted with delight when, in the last scene, Obadiah was dragged in with a halter round his neck; and the acclamations redoubled when one of the players, departing from the written text of the comedy, proclaimed that Obadiah should be hanged because he had changed his religion. The King was much provoked by this insult. So mutinous indeed was the temper of the University that one of the newly raised regiments, the same which is now called the Second Dragoon Guards, was quartered at Oxford for the purpose of preventing an outbreak. 287 (#x20_x_20_i107)

These events ought to have convinced James that he had entered on a course which must lead him to his ruin. To the clamours of London he had been long accustomed. They had been raised against him, sometimes unjustly, and sometimes vainly. He had repeatedly braved them, and might brave them still. But that Oxford, the scat of loyalty, the head quarters of the Cavalier army, the place where his father and brother had held their court when they thought themselves insecure in their stormy capital, the place where the writings of the great republican teachers had recently been committed to the flames, should now be in a ferment of discontent, that those highspirited youths who a few months before had eagerly volunteered to march against the Western insurgents should now be with difficulty kept down by sword and carbine, these were signs full of evil omen to the House of Stuart. The warning, however, was lost on the dull, stubborn, self-willed tyrant. He was resolved to transfer to his own Church all the wealthiest and most splendid foundations of England. It was to no purpose that the best and wisest of his Roman Catholic counsellors remonstrated. They represented to him that he had it in his power to render a great service to the cause of his religion without violating the rights of property. A grant of two thousand pounds a year from his privy purse would support a Jesuit college at Oxford. Such a sum he might easily spare. Such a college, provided with able, learned, and zealous teachers, would be a formidable rival to the old academical institutions, which exhibited but too many symptoms of the languor almost inseparable from opulence and security. King James's College would soon be, by the confession even of Protestants, the first place of education in the island, as respected both science and moral discipline. This would be the most effectual and the least invidious method by which the Church of England could be humbled and the Church of Rome exalted. The Earl of Ailesbury, one of the most devoted servants of the royal family, declared that, though a Protestant, and by no means rich, he would himself contribute a thousand pounds towards this design, rather than that his master should violate the rights of property, and break faith with the Established Church. 288 (#x20_x_20_i110) The scheme, however, found no favour in the sight of the King. It was indeed ill suited in more ways than one, to his ungentle nature. For to bend and break the spirits of men gave him pleasure; and to part with his money gave him pain. What he had not the generosity to do at his own expense he determined to do at the expense of others. When once he was engaged, pride and obstinacy prevented him from receding; and he was at length led, step by step, to acts of Turkish tyranny, to acts which impressed the nation with a conviction that the estate of a Protestant English freeholder under a Roman Catholic King must be as insecure as that of a Greek under Moslem domination.

Magdalene College at Oxford, founded in the fifteenth century by William of Waynflete, Bishop of Winchester and Lord High Chancellor, was one of the most remarkable of our academical institutions. A graceful tower, on the summit of which a Latin hymn was annually chanted by choristers at the dawn of May day, caught far off the eye of the traveller who came from London. As he approached he found that this tower rose from an embattled pile, low and irregular, yet singularly venerable, which, embowered in verdure, overhung the slugish waters of the Cherwell. He passed through a gateway overhung by a noble orie 289 (#x20_x_20_i113), and found himself in a spacious cloister adorned with emblems of virtues and vices, rudely carved in grey stone by the masons of the fifteenth century. The table of the society was plentifully spread in a stately refectory hung with paintings, and rich with fantastic carving. The service of the Church was performed morning and evening in a chapel which had suffered much violence from the Reformers, and much from the Puritans, but which was, under every disadvantage, a building of eminent beauty, and which has, in our own time, been restored with rare taste and skill. The spacious gardens along the river side were remarkable for the size of the trees, among which towered conspicuous one of the vegetable wonders of the island, a gigantic oak, older by a century, men said, than the oldest college in the University.

The statutes of the society ordained that the Kings of England and Princes of Wales should be lodged in Magdalene. Edward the Fourth had inhabited the building while it was still unfinished. Richard the Third had held his court there, had heard disputations in the hall, had feasted there royally, and had mended the cheer of his hosts by a present of fat bucks from his forests. Two heirs apparent of the crown who had been prematurely snatched away, Arthur the elder brother of Henry the Eighth, and Henry the elder brother of Charles the First, had been members of the college. Another prince of the blood, the last and best of the Roman Catholic Archbishops of Canterbury, the gentle Reginald Pole, had studied there. In the time of the civil war Magdalene had been true to the cause of the crown. There Rupert had fixed his quarters; and, before some of his most daring enterprises, his trumpets had been heard sounding to horse through those quiet cloisters. Most of the Fellows were divines, and could aid the King only by their prayers and their pecuniary contributions. But one member of the body, a Doctor of Civil Law, raised a troop of undergraduates, and fell fighting bravely at their head against the soldiers of Essex. When hostilities had terminated, and the Roundheads were masters of England, six sevenths of the members of the foundation refused to make any submission to usurped authority. They were consequently ejected from their dwellings and deprived of their revenues. After the Restoration the survivors returned to their pleasant abode. They had now been succeeded by a new generation which inherited their opinions and their spirit. During the Western rebellion such Magdalene men as were not disqualified by their age or profession for the use of arms had eagerly volunteered to fight for the crown. It would be difficult to name any corporation in the kingdom which had higher claims to the gratitude of the House of Stuart. 290 (#x20_x_20_i116)

The society consisted of a President, of forty Fellows, of thirty scholars called Demies, and of a train of chaplains, clerks, and choristers. At the time of the general visitation in the reign of Henry the Eighth the revenues were far greater than those of any similar institution in the realm, greater by nearly one half than those of the magnificent foundation of Henry the Sixth at Cambridge, and considerably more than double those which William of Wykeham had settled on his college at Oxford. In the days of James the Second the riches of Magdalene were immense, and were exaggerated by report. The college was popularly said to be wealthier than the wealthiest abbeys of the Continent. When the leases fell in,—so ran the vulgar rumour,—the rents would be raised to the prodigious sum of forty thousand pounds a year. 291 (#x20_x_20_i119)

The Fellows were, by the statutes which their founder had drawn up, empowered to select their own President from among persons who were, or had been, Fellows either of their society or of New College. This power had generally been exercised with freedom. But in some instances royal letters had been received recommending to the choice of the corporation qualified persons who were in favour at court; and on such occasions it had been the practice to show respect to the wishes of the sovereign.

In March 1687, the President of the college died. One of the Fellows, Doctor Thomas Smith, popularly nicknamed Rabbi Smith, a distinguished traveller, book-collector, antiquary, and orientalist, who had been chaplain to the embassy at Constantinople, and had been employed to collate the Alexandrian manuscript, aspired to the vacant post. He conceived that he had some claims on the favour of the government as a man of learning and as a zealous Tory. His loyalty was in truth as fervent and as steadfast as was to be found in the whole Church of England. He had long been intimately acquainted with Parker, Bishop of Oxford, and hoped to obtain by the interest of that prelate a royal letter to the college. Parker promised to do his best, but soon reported that he had found difficulties. "The King," he said, "will recommend no person who is not a friend to His Majesty's religion. What can you do to pleasure him as to that matter?" Smith answered that, if he became President, he would exert himself to promote learning, true Christianity, and loyalty. "That will not do," said the Bishop. "If so," said Smith manfully, "let who will be President: I can promise nothing more."

The election had been fixed for the thirteenth of April, and the Fellows were summoned to attend. It was rumoured that a royal letter would come down recommending one Anthony Farmer to the vacant place. This man's life had been a series of shameful acts. He had been a member of the University of Cambridge, and had escaped expulsion only by a timely retreat. He had then joined the Dissenters. Then he had gone to Oxford, had entered himself at Magdalene, and had soon become notorious there for every kind of vice. He generally reeled into his college at night speechless with liquor. He was celebrated for having headed a disgraceful riot at Abingdon. He had been a constant frequenter of noted haunts of libertines. At length he had turned pandar, had exceeded even the ordinary vileness of his vile calling, and had received money from dissolute young gentlemen commoners for services such as it is not good that history should record. This wretch, however, had pretended to turn Papist. His apostasy atoned for all his vices; and, though still a youth, he was selected to rule a grave and religious society in which the scandal given by his depravity was still fresh.

As a Roman Catholic he was disqualified for academical office by the general law of the land. Never having been a Fellow of Magdalene College or of New College, he was disqualified for the vacant presidency by a special ordinance of William of Waynflete. William of Waynflete had also enjoined those who partook of his bounty to have a particular regard to moral character in choosing their head; and, even if he had left no such injunction, a body chiefly composed of divines could not with decency entrust such a man as Farmer with the government of a place of education.

The Fellows respectfully represented to the King the difficulty in which they should be placed, if, as was rumoured, Farmer should be recommended to them, and begged that, if it were His Majesty's pleasure to interfere in the election, some person for whom they could legally and conscientiously vote might be proposed. Of this dutiful request no notice was taken. The royal letter arrived. It was brought down by one of the Fellows who had lately turned Papist, Robert Charnock, a man of parts and spirit, but of a violent and restless temper, which impelled him a few years later to an atrocious crime and to a terrible fate. On the thirteenth of April the society met in the chapel. Some hope was still entertained that the King might be moved by the remonstrance which had been addressed to him. The assembly therefore adjourned till the fifteenth, which was the last day on which, by the constitution of the college, the election could take place.

The fifteenth of April came. Again the Fellows repaired to their chapel. No answer had arrived from Whitehall. Two or three of the Seniors, among whom was Smith, were inclined to postpone the election once more rather than take a step which might give offence to the King. But the language of the statutes was clear. Those statutes the members of the foundation had sworn to observe. The general opinion was that there ought to be no further delay. A hot debate followed. The electors were too much excited to take their seats; and the whole choir was in a tumult. Those who were for proceeding appealed to their oaths and to the rules laid down by the founder whose bread they had eaten. The King, they truly said, had no right to force on them even a qualified candidate. Some expressions unpleasing to Tory ears were dropped in the course of the dispute; and Smith was provoked into exclaiming that the spirit of Ferguson had possessed his brethren. It was at length resolved by a great majority that it was necessary to proceed immediately to the election. Charnock left the chapel. The other Fellows, having first received the sacrament, proceeded to give their voices. The choice fell on John Hough, a man of eminent virtue and prudence, who, having borne persecution with fortitude and prosperity with meekness, having risen to high honours and having modestly declined honours higher still, died in extreme old age yet in full vigour of mind, more than fifty-six years after this eventful day.

The society hastened to acquaint the King with the circumstances which had made it necessary to elect a President without further delay, and requested the Duke of Ormond, as patron of the whole University, and the Bishop of Winchester, as visitor of Magdalene College, to undertake the office of intercessors: but the King was far too angry and too dull to listen to explanations.

Early in June the Fellows were cited to appear before the High Commission at Whitehall. Five of them, deputed by the rest, obeyed the summons. Jeffreys treated them after his usual fashion. When one of them, a grave Doctor named Fairfax, hinted some doubt as to the validity of the Commission, the Chancellor began to roar like a wild beast. "Who is this man? What commission has he to be impudent here? Seize him. Put him into a dark room. What does he do without a keeper? He is under my care as a lunatic. I wonder that nobody has applied to me for the custody of him." But when this storm had spent its force, and the depositions concerning the moral character of the King's nominee had been read, none of the Commissioners had the front to pronounce that such a man could properly be made the head of a great college. Obadiah Walker and the other Oxonian Papists who were in attendance to support their proselyte were utterly confounded. The Commission pronounced Hough's election void, and suspended Fairfax from his fellowship: but about Farmer no more was said; and, in the month of August, arrived a royal letter recommending Parker, Bishop of Oxford, to the Fellows.

Parker was not an avowed Papist. Still there was an objection to him which, even if the presidency had been vacant, would have been decisive: for he had never been a Fellow of either New College or Magdalene. But the presidency was not vacant: Hough had been duly elected; and all the members of the college were bound by oath to support him in his office. They therefore, with many expressions of loyalty and concern, excused themselves from complying with the King's mandate.

While Oxford was thus opposing a firm resistance to tyranny, a stand not less resolute was made in another quarter. James had, some time before, commanded the trustees of the Charterhouse, men of the first rank and consideration in the kingdom, to admit a Roman Catholic named Popham into the hospital which was under their care. The Master of the house, Thomas Burnet, a clergyman of distinguished genius, learning, and virtue, had the courage to represent to them, though the ferocious Jeffreys sate at the board, that what was required of them was contrary both to the will of the founder and to an Act of Parliament. "What is that to the purpose?" said a courtier who was one of the governors. "It is very much to the purpose, I think," answered a voice, feeble with age and sorrow, yet not to be heard without respect by any assembly, the voice of the venerable Ormond. "An Act of Parliament," continued the patriarch of the Cavalier party, "is, in my judgment, no light thing." The question was put whether Popham should be admitted, and it was determined to reject him. The Chancellor, who could not well case himself by cursing and swearing at Ormond, flung away in a rage, and was followed by some of the minority. The consequence was that there was not a quorum left, and that no formal reply could be made to the royal mandate.

The next meeting took place only two days after the High Commission had pronounced sentence of deprivation against Hough, and of suspension against Fairfax. A second mandate under the Great Seal was laid before the trustees: but the tyrannical manner in which Magdalene College had been treated had roused instead of subduing their spirit. They drew up a letter to Sunderland in which they requested him to inform the King that they could not, in this matter, obey His Majesty without breaking the law and betraying their trust.

There can be little doubt that, had ordinary signatures been appended to this document, the King would have taken some violent course. But even he was daunted by the great names of Ormond, Halifax, Danby, and Nottingham, the chiefs of all the sections of that great party to which he owed his crown. He therefore contented himself with directing Jeffreys to consider what course ought to be taken. It was announced at one time that a proceeding would be instituted in the King's Bench, at another that the Ecclesiastical Commission would take up the case: but these threats gradually died away. 292 (#x20_x_20_i122)

The summer was now far advanced; and the King set out on a progress, the longest and the most splendid that had been known for many years. From Windsor he went on the sixteenth of August to Portsmouth, walked round the fortifications, touched some scrofulous people, and then proceeded in one of his yachts to Southampton. From Southampton he travelled to Bath, where he remained a few days, and where he left the Queen. When he departed, he was attended by the High Sheriff of Somersetshire and by a large body of gentlemen to the frontier of the county, where the High Sheriff of Gloucestershire, with a not less splendid retinue, was in attendance. The Duke of Beaufort soon met the royal coaches, and conducted them to Badminton, where a banquet worthy of the fame which his splendid housekeeping had won for him was prepared. In the afternoon the cavalcade proceeded to Gloucester. It was greeted two miles from the city by the Bishop and clergy. At the South Gate the Mayor waited with the keys. The bells rang and the conduits flowed with wine as the King passed through the streets to the close which encircles the venerable Cathedral. He lay that night at the deanery, and on the following morning set out for Worcester. From Worcester he went to Ludlow, Shrewsbury, and Chester, and was everywhere received with outward signs of joy and respect, which he was weak enough to consider as proofs that the discontent excited by his measures had subsided, and that an easy Victory was before him. Barillon, more sagacious, informed Lewis that the King of England was under a delusion that the progress had done no real good, and that those very gentlemen of Worcestershire and Shropshire who had thought it their duty to receive their Sovereign and their guest with every mark of honour would be found as refractory as ever when the question of the test should come on. 293 (#x20_x_20_i125)

On the road the royal train was joined by two courtiers who in temper and opinions differed widely from each other. Penn was at Chester on a pastoral tour. His popularity and authority among his brethren had greatly declined since he had become a tool of the King and of the Jesuits. 294 (#x20_x_20_i128) He was, however, most graciously received by James, and, on the Sunday, was permitted to harangue in the tennis court, while Cartwright preached in the Cathedral, and while the King heard mass at an altar which had been decked in the Shire Hall. It is said, indeed, that His Majesty deigned to look into the tennis court and to listen with decency to his friend's melodious eloquence. 295 (#x20_x_20_i131)

The furious Tyrconnel had crossed the sea from Dublin to give an account of his administration. All the most respectable English Catholics looked coldly on him as on an enemy of their race and a scandal to their religion. But he was cordially welcomed by his master, and dismissed with assurances of undiminished confidence and steady support. James expressed his delight at learning that in a short time the whole government of Ireland would be in Roman Catholic hands. The English colonists had already been stripped of all political power. Nothing remained but to strip them of their property; and this last outrage was deferred only till the cooperation of an Irish Parliament should have been secured. 296 (#x20_x_20_i134)

From Cheshire the King turned southward, and, in the full belief that the Fellows of Magdalene College, however mutinous they might be, would not dare to disobey a command uttered by his own lips, directed his course towards Oxford. By the way he made some little excursions to places which peculiarly interested him, as a King, a brother, and a son. He visited the hospitable roof of Boscobel and the remains of the oak so conspicuous in the history of his house. He rode over the field of Edgehill, where the Cavaliers first crossed swords with the soldiers of the Parliament. On the third of September he dined in great state at the palace of Woodstock, an ancient and renowned mansion, of which not a stone is now to be seen, but of which the site is still marked on the turf of Blenheim Park by two sycamores which grow near the stately bridge. In the evening he reached Oxford. He was received there with the wonted honours. The students in their academical garb were ranged to welcome him on the right hand and on the left, from the entrance of the city to the great gate of Christ Church. He lodged at the deanery, where, among other accommodations, he found a chapel fitted up for the celebration of the Mass. 297 (#x20_x_20_i137) On the day after his arrival, the Fellows of Magdalene College were ordered to attend him. When they appeared before him he treated them with an insolence such as had never been shown to their predecessors by the Puritan visitors. "You have not dealt with me like gentlemen," he exclaimed. "You have been unmannerly as well as undutiful." They fell on their knees and tendered a petition. He would not look at it. "Is this your Church of England loyalty? I could not have believed that so many clergymen of the Church of England would have been concerned in such a business. Go home. Get you gone. I am King. I will be obeyed. Go to your chapel this instant; and admit the Bishop of Oxford. Let those who refuse look to it. They shall feel the whole weight of my hand. They shall know what it is to incur the displeasure of their Sovereign." The Fellows, still kneeling before him, again offered him their petition. He angrily flung it down. "Get you gone, I tell you. I will receive nothing from you till you have admitted the Bishop."

They retired and instantly assembled in their chapel. The question was propounded whether they would comply with His Majesty's command. Smith was absent. Charnock alone answered in the affirmative. The other Fellows who were at the meeting declared that in all things lawful they were ready to obey the King, but that they would not violate their statutes and their oaths.

The King, greatly incensed and mortified by his defeat, quitted Oxford and rejoined the Queen at Bath. His obstinacy and violence had brought him into an embarrassing position. He had trusted too much to the effect of his frowns and angry tones, and had rashly staked, not merely the credit of his administration, but his personal dignity, on the issue of the contest. Could he yield to subjects whom he had menaced with raised voice and furious gestures? Yet could he venture to eject in one day a crowd of respectable clergymen from their homes, because they had discharged what the whole nation regarded as a sacred duty? Perhaps there might be an escape from this dilemma. Perhaps the college might still be terrified, caressed, or bribed into submission. The agency of Penn was employed. He had too much good feeling to approve of the violent and unjust proceedings of the government, and even ventured to express part of what he thought. James was, as usual, obstinate in the wrong. The courtly Quaker, therefore, did his best to seduce the college from the path of right. He first tried intimidation. Ruin, he said, impended over the society. The King was highly incensed. The case might be a hard one. Most people thought it so. But every child knew that His Majesty loved to have his own way and could not bear to be thwarted. Penn, therefore, exhorted the Fellows not to rely on the goodness of their cause, but to submit, or at least to temporise. Such counsel came strangely from one who had himself been expelled from the University for raising a riot about the surplice, who had run the risk of being disinherited rather than take off his hat to the princes of the blood, and who had been more than once sent to prison for haranguing in conventicles. He did not succeed in frightening the Magdalene men. In answer to his alarming hints he was reminded that in the last generation thirty-four out of the forty Fellows had cheerfully left their beloved cloisters and gardens, their hall and their chapel, and had gone forth not knowing where they should find a meal or a bed, rather than violate the oath of allegiance. The King now wished them to violate another oath. He should find that the old spirit was not extinct.

Then Penn tried a gentler tone. He had an interview with Hough and with some of the Fellows, and, after many professions of sympathy and friendship, began to hint at a compromise. The King could not bear to be crossed. The college must give way. Parker must be admitted. But he was in very bad health. All his preferments would soon be vacant. "Doctor Hough," said Penn, "may then be Bishop of Oxford. How should you like that, gentlemen?" Penn had passed his life in declaiming against a hireling ministry. He held that he was bound to refuse the payment of tithes, and this even when he had bought land chargeable with tithes, and hallowed the value of the tithes in the purchase money. According to his own principles, he would have committed a great sin if he had interfered for the purpose of obtaining a benefice on the most honourable terms for the most pious divine. Yet to such a degree had his manners been corrupted by evil communications, and his understanding obscured by inordinate zeal for a single object, that he did not scruple to become a broker in simony of a peculiarly discreditable kind, and to use a bishopric as a bait to tempt a divine to perjury. Hough replied with civil contempt that he wanted nothing from the crown but common justice. "We stand," he said, "on our statutes and our oaths: but, even setting aside our statutes and oaths, we feel that we have our religion to defend. The Papists have robbed us of University College. They have robbed us of Christ Church. The fight is now for Magdalene. They will soon have all the rest."

Penn was foolish enough to answer that he really believed that the Papists would now be content. "University," he said, "is a pleasant college. Christ Church is a noble place. Magdalene is a fine building. The situation is convenient. The walks by the river are delightful. If the Roman Catholics are reasonable they will be satisfied with these." This absurd avowal would alone have made it impossible for Hough and his brethren to yield. The negotiation was broken off; and the King hastened to make the disobedient know, as he had threatened, what it was to incur his displeasure.

A special commission was directed to Cartwright, Bishop of Chester, to Wright, Chief justice of the King's Bench, and to Sir Thomas Jenner, a Baron of the Exchequer, appointing them to exercise visitatorial jurisdiction over the college. On the twentieth of October they arrived at Oxford, escorted by three troops of cavalry with drawn swords. On the following morning the Commissioners took their seats in the hall of Magdalene. Cartwright pronounced a loyal oration which, a few years before, would have called forth the acclamations of an Oxonian audience, but which was now heard with sullen indignation. A long dispute followed. The President defended his rights with skill, temper, and resolution. He professed great respect for the royal authority. But he steadily maintained that he had by the laws of England a freehold interest in the house and revenues annexed to the presidency. Of that interest he could not be deprived by an arbitrary mandate of the Sovereign. "Will you submit", said the Bishop, "to our visitation?" "I submit to it," said Hough with great dexterity, "so far as it is consistent with the laws, and no farther." "Will you deliver up the key of your lodgings?" said Cartwright. Hough remained silent. The question was repeated; and Hough returned a mild but resolute refusal. The Commissioners pronounced him an intruder, and charged the Fellows no longer to recognise his authority, and to assist at the admission of the Bishop of Oxford. Charneck eagerly promised obedience; Smith returned an evasive answer: but the great body of the members of the college firmly declared that they still regarded Hough as their rightful head.

And now Hough himself craved permission to address a few words to the Commissioners. They consented with much civility, perhaps expecting from the calmness and suavity of his manner that he would make some concession. "My Lords," said he, "you have this day deprived me of my freehold: I hereby protest against all your proceedings as illegal, unjust, and null; and I appeal from you to our sovereign Lord the King in his courts of justice." A loud murmur of applause arose from the gownsmen who filled the hall. The Commissioners were furious. Search was made for the offenders, but in vain. Then the rage of the whole board was turned against Hough. "Do not think to huff us, sir," cried Jenner, punning on the President's name. "I will uphold His Majesty's authority," said Wright, "while I have breath in my body. All this comes of your popular protest. You have broken the peace. You shall answer it in the King's Bench. I bind you over in one thousand pounds to appear there next term. I will see whether the civil power cannot manage you. If that is not enough, you shall have the military too." In truth Oxford was in a state which made the Commissioners not a little uneasy. The soldiers were ordered to have their carbines loaded. It was said that an express was sent to London for the purpose of hastening the arrival of more troops. No disturbance however took place. The Bishop of Oxford was quietly installed by proxy: but only two members of Magdalene College attended the ceremony. Many signs showed that the spirit of resistance had spread to the common people. The porter of the college threw down his keys. The butler refused to scratch Hough's name out of the buttery book, and was instantly dismissed. No blacksmith could be found in the whole city who would force the lock of the President's lodgings. It was necessary for the Commissioners to employ their own servants, who broke open the door with iron bars. The sermons which on the following Sunday were preached in the University church were full of reflections such as stung Cartwright to the quick, though such as he could not discreetly resent.

And here, if James had not been infatuated, the matter might have stopped. The Fellows in general were not inclined to carry their resistance further. They were of opinion that, by refusing to assist in the admission of the intruder, they had sufficiently proved their respect for their statutes and oaths, and that, since he was now in actual possession, they might justifiably submit to him as their head, till he should be removed by sentence of a competent court. Only one Fellow, Doctor Fairfax, refused to yield even to this extent. The Commissioners would gladly have compromised the dispute on these terms; and during a few hours there was a truce which many thought likely to end in an amicable arrangement: but soon all was again in confusion. The Fellows found that the popular voice loudly accused them of pusillanimity. The townsmen already talked ironically of a Magdalene conscience, and exclaimed that the brave Hough and the honest Fairfax had been betrayed and abandoned. Still more annoying were the sneers of Obadiah Walker and his brother renegades. This then, said those apostates, was the end of all the big words in which the society had declared itself resolved to stand by its lawful President and by its Protestant faith. While the Fellows, bitterly annoyed by the public censure, were regretting the modified submission which they had consented to make, they learned that this submission was by no means satisfactory to the King. It was not enough, he said, that they offered to obey the Bishop of Oxford as President in fact. They must distinctly admit the Commission and all that had been done under it to be legal. They must acknowledge that they had acted undutifully; they must declare themselves penitent; they must promise to behave better in future, must implore His Majesty's pardon, and lay themselves at his feet. Two Fellows of whom the King had no complaint to make, Charnock and Smith, were excused from the obligation of making these degrading apologies.

Even James never committed a grosser error. The Fellows, already angry with themselves for having conceded so much, and galled by the censure of the world, eagerly caught at the opportunity which was now offered them of regaining the public esteem. With one voice they declared that they would never ask pardon for being in the right, or admit that the visitation of their college and the deprivation of their President had been legal.