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

Then the King, as he had threatened, laid on them the whole weight of his hand. They were by one sweeping edict condemned to expulsion. Yet this punishment was not deemed sufficient. It was known that many noblemen and gentlemen who possessed church patronage would be disposed to provide for men who had suffered so much for the laws of England or men and for the Protestant religion. The High Commission therefore pronounced the ejected Fellows incapable of ever holding any church preferment. Such of them as were not yet in holy orders were pronounced incapable of receiving the clerical character. James might enjoy the thought that he had reduced many of them from a situation in which they were surrounded by comforts, and had before them the fairest professional prospects, to hopeless indigence.

But all these severities produced an effect directly the opposite of that which he had anticipated. The spirit of Englishmen, that sturdy spirit which no King of the House of Stuart could ever be taught by experience to understand, swelled up high and strong against injustice. Oxford, the quiet scat of learning and loyalty, was in a state resembling that of the City of London on the morning after the attempt of Charles the First to seize the five members. The Vicechancellor had been asked to dine with the Commissioners on the day of the expulsion. He refused. "My taste," he said, "differs from that of Colonel Kirke. I cannot eat my meals with appetite under a gallows." The scholars refused to pull off their caps to the new rulers of Magdalene College. Smith was nicknamed Doctor Roguery, and was publicly insulted in a coffeehouse. When Charnock summoned the Demies to perform their academical exercises before him, they answered that they were deprived of their lawful governors and would submit to no usurped authority. They assembled apart both for study and for divine service. Attempts were made to corrupt them by offers of the lucrative fellowships which had just been declared vacant: but one undergraduate after another manfully answered that his conscience would not suffer him to profit by injustice. One lad who was induced to take a fellowship was turned out of the hall by the rest. Youths were invited from other colleges, but with small success. The richest foundation in the kingdom seemed to have lost all attractions for needy students. Meanwhile, in London and all over the country, money was collected for the support of the ejected Fellows. The Princess of Orange, to the great joy of all Protestants, subscribed two hundred pounds. Still, however, the King held on his course. The expulsion of the Fellows was soon followed by the expulsion of a crowd of Demies. All this time the new President was fast sinking under bodily and mental disease. He had made a last feeble effort to serve the government by publishing, at the very time when the college was in a state of open rebellion against his authority, a defence of the Declaration of Indulgence, or rather a defence of the doctrine of transubstantiation. This piece called forth many answers, and particularly one from Burnet, written with extraordinary vigour and acrimony. A few weeks after the expulsion of the Demies, Parker died in the house of which he had violently taken possession. Men said that his heart was broken by remorse and shame. He lies in the beautiful antechapel of the college: but no monument marks his grave.

Then the King's whole plan was carried into full effect. The college was turned into a Popish seminary. Bonaventure Giffard, the Roman Catholic Bishop of Madura, was appointed President. The Roman Catholic service was performed in the chapel. In one day twelve Roman Catholics were admitted Fellows. Some servile Protestants applied for fellowships, but met with refusals. Smith, an enthusiast in loyalty, but still a sincere member of the Anglican Church, could not bear to see the altered aspect of the house. He absented himself; he was ordered to return into residence: he disobeyed: he was expelled; and the work of spoliation was complete. 298 (#x20_x_20_i140)

The nature of the academical system of England is such that no event which seriously affects the interests and honour of either University can fail to excite a strong feeling throughout the country. Every successive blow, therefore, which fell on Magdalene College, was felt to the extremities of the kingdom. In the coffeehouses of London, in the Inns of Court, in the closes of all the Cathedral towns, in parsonages and manor houses scattered over the remotest shires, pity for the sufferers and indignation against the government went on growing. The protest of Hough was everywhere applauded: the forcing of his door was everywhere mentioned with abhorrence: and at length the sentence of deprivation fulminated against the Fellows dissolved those ties, once so close and dear, which had bound the Church of England to the House of Stuart. Bitter resentment and cruel apprehension took the place of love and confidence. There was no prebendary, no rector, no vicar, whose mind was not haunted by the thought that, however quiet his temper, however obscure his situation, he might, in a few months, be driven from his dwelling by an arbitrary edict to beg in a ragged cassock with his wife and children, while his freehold, secured to him by laws of immemorial antiquity and by the royal word, was occupied by some apostate. This then was the reward of that heroic loyalty never once found wanting through the vicissitudes of fifty tempestuous years. It was for this that the clergy had endured spoliation and persecution in the cause of Charles the First. It was for this that they had supported Charles the Second in his hard contest with the Whig opposition. It was for this that they had stood in the front of the battle against those who sought to despoil James of his birthright. To their fidelity alone their oppressor owed the power which he was now employing to their ruin. They had long been in the habit of recounting in acrimonious language all that they had suffered at the hand of the Puritan in the day of his power. Yet for the Puritan there was some excuse. He was an avowed enemy: he had wrongs to avenge; and even he, while remodelling the ecclesiastical constitution of the country, and ejecting all who would not subscribe his Covenant, had not been altogether without compassion. He had at least granted to those whose benefices he seized a pittance sufficient to support life. But the hatred felt by the King towards that Church which had saved him from exile and placed him on a throne was not to be so easily satiated. Nothing but the utter ruin of his victims would content him. It was not enough that they were expelled from their homes and stripped of their revenues. They found every walk of life towards which men of their habits could look for a subsistence closed against them with malignant care, and nothing left to them but the precarious and degrading resource of alms.

The Anglican clergy therefore, and that portion of the laity which was strongly attached to Protestant episcopacy, now regarded the King with those feelings which injustice aggravated by ingratitude naturally excites. Yet had the Churchman still many scruples of conscience and honour to surmount before he could bring himself to oppose the government by force. He had been taught that passive obedience was enjoined without restriction or exception by the divine law. He had professed this opinion ostentatiously. He had treated with contempt the suggestion that an extreme case might possibly arise which would justify a people in drawing the sword against regal tyranny. Both principle and shame therefore restrained him from imitating the example of the rebellious Roundheads, while any hope of a peaceful and legal deliverance remained; and such a hope might reasonably be cherished as long as the Princess of Orange stood next in succession to the crown. If he would but endure with patience this trial of his faith, the laws of nature would soon do for him what he could not, without sin and dishonour, do for himself. The wrongs of the Church would be redressed, her property and dignity would be fenced by new guarantees; and those wicked ministers who had injured and insulted her in the day of her adversity would be signally punished.

The event to which the Church of England looked forward as to an honourable and peaceful termination of her troubles was one of which even the most reckless members of the Jesuitical cabal could not think without painful apprehensions. If their master should die, leaving them no better security against the penal laws than a Declaration which the general voice of the nation pronounced to be a nullity, if a Parliament, animated by the same spirit which had prevailed in the Parliament of Charles the Second, should assemble round the throne of a Protestant sovereign, was it not probable that a terrible retribution would be exacted, that the old laws against Popery would be rigidly enforced, and that new laws still more severe would be added to the statute book? The evil counsellors had long been tormented by these gloomy apprehensions, and some of them had contemplated strange and desperate remedies. James had scarcely mounted the throne when it began to be whispered about Whitehall that, if the Lady Anne would turn Roman Catholic, it might not be impossible, with the help of Lewis, to transfer to her the birthright of her elder sister. At the French embassy this scheme was warmly approved; and Bonrepaux gave it as his opinion that the assent of James would be easily obtained. 299 (#x20_x_20_i143) Soon, however, it became manifest that Anne was unalterably attached to the Established Church. All thought of making her Queen was therefore relinquished. Nevertheless, a small knot of fanatics still continued to cherish a wild hope that they might be able to change the order of succession. The plan formed by these men was set forth in a minute of which a rude French translation has been preserved. It was to be hoped, they said, that the King might be able to establish the true faith without resorting to extremities; but, in the worst event, he might leave his crown at the disposal of Lewis. It was better for Englishmen to be the vassals of France than the slaves of the Devil. 300 (#x20_x_20_i146) This extraordinary document was handed about from Jesuit to Jesuit, and from courtier to courtier, till some eminent Roman Catholics, in whom bigotry had not extinguished patriotism, furnished the Dutch Ambassador with a copy. He put the paper into the hands of James. James, greatly agitated, pronounced it a vile forgery contrived by some pamphleteer in Holland. The Dutch minister resolutely answered that he could prove the contrary by the testimony of several distinguished members of His Majesty's own Church, nay, that there would be no difficulty in pointing out the writer, who, after all, had written only what many priests and many busy politicians said every day in the galleries of the palace. The King did not think it expedient to ask who the writer was, but, abandoning the charge of forgery, protested, with great vehemence and solemnity, that no thought of disinheriting his eldest daughter had ever crossed his mind. "Nobody," he said, "ever dared to hint such a thing to me. I never would listen to it. God does not command us to propagate the true religion by injustice and this would be the foulest, the most unnatural injustice." 301 (#x20_x_20_i149) Notwithstanding all these professions, Barillon, a few days later, reported to his court that James had begun to listen to suggestions respecting a change in the order of succession, that the question was doubtless a delicate one, but that there was reason to hope that, with time and management, a way might be found to settle the crown on some Roman Catholic to the exclusion of the two Princesses. 302 (#x20_x_20_i152) During many months this subject continued to be discussed by the fiercest and most extravagant Papists about the court; and candidates for the regal office were actually named. 303 (#x20_x_20_i155)

It is not probable however that James ever meant to take a course so insane. He must have known that England would never bear for a single day the yoke of an usurper who was also a Papist, and that any attempt to set aside the Lady Mary would have been withstood to the death, both by all those who had supported the Exclusion Bill, and by all those who had opposed it. There is however no doubt that the King was an accomplice in a plot less absurd, but not less unjustifiable, against the rights of his children. Tyrconnel had, with his master's approbation, made arrangements for separating Ireland from the empire, and for placing her under the protection of Lewis, as soon as the crown should devolve on a Protestant sovereign. Bonrepaux had been consulted, had imparted the design to his court, and had been instructed to assure Tyrconnel that France would lend effectual aid to the accomplishment of this great project. 304 (#x20_x_20_i158) These transactions, which, though perhaps not in all parts accurately known at the Hague, were strongly suspected there, must not be left out of the account if we would pass a just judgment on the course taken a few months later by the Princess of Orange. Those who pronounce her guilty of a breach of filial duty must admit that her fault was at least greatly extenuated by her wrongs. If, to serve the cause of her religion, she broke through the most sacred ties of consanguinity, she only followed her father's example. She did not assist to depose him till he had conspired to disinherit her.

Scarcely had Bonrepaux been informed that Lewis had resolved to assist the enterprise of Tyrconnel when all thoughts of that enterprise were abandoned. James had caught the first glimpse of a hope which delighted and elated him. The Queen was with child.

Before the end of October 1687 the great news began to be whispered. It was observed that Her Majesty had absented herself from some public ceremonies, on the plea of indisposition. It was said that many relics, supposed to possess extraordinary virtue, had been hung about her. Soon the story made its way from the palace to the coffeehouses of the capital, and spread fast over the country. By a very small minority the rumour was welcomed with joy. The great body of the nation listened with mingled derision and fear. There was indeed nothing very extraordinary in what had happened.

The King had but just completed his fifty-fourth year. The Queen was in the summer of life. She had already borne four children who had died young; and long afterwards she was delivered of another child whom nobody had any interest in treating as supposititious, and who was therefore never said to be so. As, however, five years had elapsed since her last pregnancy, the people, under the influence of that delusion which leads men to believe what they wish, had ceased to entertain any apprehension that she would give an heir to the throne. On the other hand, nothing seemed more natural and probable than that the Jesuits should have contrived a pious fraud. It was certain that they must consider the accession of the Princess of Orange as one of the greatest calamities which could befall their Church. It was equally certain that they would not be very scrupulous about doing whatever might be necessary to save their Church from a great calamity. In books written by eminent members of the Society, and licensed by its rulers, it was distinctly laid down that means even more shocking to all notions of justice and humanity than the introduction of a spurious heir into a family might lawfully be employed for ends less important than the conversion of a heretical kingdom. It had got abroad that some of the King's advisers, and even the King himself, had meditated schemes for defrauding the Lady Mary, either wholly or in part, of her rightful inheritance. A suspicion, not indeed well founded, but by no means so absurd as is commonly supposed, took possession of the public mind. The folly of some Roman Catholics confirmed the vulgar prejudice. They spoke of the auspicious event as strange, as miraculous, as an exertion of the same Divine power which had made Sarah proud and happy in Isaac, and had given Samuel to the prayers of Hannah. Mary's mother, the Duchess of Modena, had lately died. A short time before her death, she had, it was said, implored the Virgin of Loretto, with fervent vows and rich offerings, to bestow a son on James. The King himself had, in the preceding August, turned aside from his progress to visit the Holy Well, and had there besought Saint Winifred to obtain for him that boon without which his great designs for the propagation of the true faith could be but imperfectly executed. The imprudent zealots who dwelt on these tales foretold with confidence that the unborn infant would be a boy, and offered to back their opinion by laying twenty guineas to one. Heaven, they affirmed, would not have interfered but for a great end. One fanatic announced that the Queen would give birth to twins, of whom the elder would be King of England, and the younger Pope of Rome. Mary could not conceal the delight with which she heard this prophecy; and her ladies found that they could not gratify her more than by talking of it. The Roman Catholics would have acted more wisely if they had spoken of the pregnancy as of a natural event, and if they had borne with moderation their unexpected good fortune. Their insolent triumph excited the popular indignation. Their predictions strengthened the popular suspicions. From the Prince and Princess of Denmark down to porters and laundresses nobody alluded to the promised birth without a sneer. The wits of London described the new miracle in rhymes which, it may well be supposed, were not the most delicate. The rough country squires roared with laughter if they met with any person simple enough to believe that the Queen was really likely to be again a mother. A royal proclamation appeared commanding the clergy to read a form of prayer and thanksgiving which had been prepared for this joyful occasion by Crewe and Sprat. The clergy obeyed: but it was observed that the congregations made no responses and showed no signs of reverence. Soon in all the coffeehouses was handed about a brutal lampoon on the courtly prelates whose pens the King had employed. Mother East had also her full share of abuse. Into that homely monosyllable our ancestors had degraded the name of the great house of Este which reigned at Modena. 305 (#x20_x_20_i161)

The new hope which elated the King's spirits was mingled with many fears. Something more than the birth of a Prince of Wales was necessary to the success of the plans formed by the Jesuitical party. It was not very likely that James would live till his son should be of age to exercise the regal functions. The law had made no provision for the case of a minority. The reigning sovereign was not competent to make provision for such a case by will. The legislature only could supply the defect. If James should die before the defect had been supplied, leaving a successor of tender years, the supreme power would undoubtedly devolve on Protestants. Those Tories who held most firmly the doctrine that nothing could justify them in resisting their liege lord would have no scruple about drawing their swords against a Popish woman who should dare to usurp the guardianship of the realm and of the infant sovereign. The result of a contest could scarcely be matter of doubt. The Prince of Orange or his wife, would be Regent. The young King would be placed in the hands of heretical instructors, whose arts might speedily efface from his mind the impressions which might have been made on it in the nursery. He might prove another Edward the Sixth; and the blessing granted to the intercession of the Virgin Mother and of Saint Winifred might be turned into a curse. 306 (#x20_x_20_i164) This was a danger against which nothing but, an Act of Parliament could be a security; and to obtain such an Act was not easy. Everything seemed to indicate that, if the Houses were convoked, they would come up to Westminster animated by the spirit of 1640. The event of the county elections could hardly be doubted. The whole body of freeholders, high and low, clerical and lay, was strongly excited against the government. In the great majority of those towns where the right of voting depended on the payment of local taxes, or on the occupation of a tenement, no courtly candidate could dare to show his face. A very large part of the House of Commons was returned by members of municipal corporations. These corporations had recently been remodelled for the purpose of destroying the influence of the Whigs and Dissenters. More than a hundred constituent bodies had been deprived of their charters by tribunals devoted to the crown, or had been induced to avert compulsory disfranchisement by voluntary surrender. Every Mayor, every Alderman, every Town Clerk, from Berwick to Helstone, was a Tory and a Churchman: but Tories and Churchmen were now no longer devoted to the sovereign. The new municipalities were more unmanageable than the old municipalities had ever been, and would undoubtedly return representatives whose first act would be to impeach all the Popish Privy Councillors, and all the members of the High Commission.

In the Lords the prospect was scarcely less gloomy than in the Commons. Among the temporal peers it was certain that an immense majority would be against the King's measures: and on that episcopal bench, which seven years before had unanimously supported him against those who had attempted to deprive him of his birthright, he could now look for support only to four or five sycophants despised by their profession and by their country. 307 (#x20_x_20_i167)

To all men not utterly blinded by passion these difficulties appeared insuperable. The most unscrupulous slaves of power showed signs of uneasiness. Dryden muttered that the King would only make matters worse by trying to mend them, and sighed for the golden days of the careless and goodnatured Charles. 308 (#x20_x_20_i170) Even Jeffreys wavered. As long as he was poor, he was perfectly ready to face obloquy and public hatred for lucre. But he had now, by corruption and extortion, accumulated great riches; and he was more anxious to secure them than to increase them. His slackness drew on him a sharp reprimand from the royal lips. In dread of being deprived of the Great Seal, he promised whatever was required of him: but Barillon, in reporting this circumstance to Lewis, remarked that the King of England could place little reliance on any man who had any thing to lose. 309 (#x20_x_20_i173)

Nevertheless James determined to persevere. The sanction of a Parliament was necessary to his system. The sanction of a free and lawful Parliament it was evidently impossible to obtain: but it might not be altogether impossible to bring together by corruption, by intimidation, by violent exertions of prerogative, by fraudulent distortions of law, an assembly which might call itself a Parliament, and might be willing to register any edict of the Sovereign. Returning officers must be appointed who would avail themselves of the slightest pretence to declare the King's friends duly elected. Every placeman, from the highest to the lowest, must be made to understand that, if he wished to retain his office, he must, at this conjuncture, support the throne by his vote and interest. The High Commission meanwhile would keep its eye on the clergy. The boroughs, which had just been remodelled to serve one turn, might be remodelled again to serve another. By such means the King hoped to obtain a majority in the House of Commons. The Upper House would then be at his mercy. He had undoubtedly by law the power of creating peers without limit: and this power he was fully determined to use. He did not wish, and indeed no sovereign can wish, to make the highest honour which is in the gift of the crown worthless. He cherished the hope that, by calling up some heirs apparent to the assembly in which they must ultimately sit, and by conferring English titles on some Scotch and Irish Lords, he might be able to secure a majority without ennobling new men in such numbers as to bring ridicule on the coronet and the ermine. But there was no extremity to which he was not prepared to go in case of necessity. When in a large company an opinion was expressed that the peers would prove intractable, "Oh, silly," cried Sunderland, turning to Churchill, "your troop of guards shall be called up to the House of Lords." 310 (#x20_x_20_i176)

Having determined to pack a Parliament, James set himself energetically and methodically to the work. A proclamation appeared in the Gazette, announcing that the King had determined to revise the Commissions of Peace and of Lieutenancy, and to retain in public employment only such gentlemen as should be disposed to support his policy. 311 (#x20_x_20_i179) A committee of seven Privy Councillors sate at Whitehall, for the purpose of regulating—such was the phrase—the municipal corporations. In this committee Jeffreys alone represented the Protestant interest. Powis alone represented the moderate Roman Catholics. All the other members belonged to the Jesuitical faction. Among them was Petre, who had just been sworn of the Council. Till he took his seat at the board, his elevation had been kept a profound secret from everybody but Sunderland. The public indignation at this new violation of the law was clamorously expressed; and it was remarked that the Roman Catholics were even louder in censure than the Protestants. The vain and ambitious Jesuit was now charged with the business of destroying and reconstructing half the constituent bodies in the kingdom. Under the committee of Privy Councillors a subcommittee consisting of bustling agents less eminent in rank was entrusted with the management of details. Local subcommittees of regulators all over the country corresponded with the central board at Westminster. 312 (#x20_x_20_i182)

The persons on whom James chiefly relied for assistance in his new and arduous enterprise were the Lords Lieutenants. Every Lord Lieutenant received written orders directing him to go down immediately into his county. There he was to summon before him all his deputies, and all the justices of the Peace, and to put to them a series of interrogatories framed for the purpose of ascertaining how they would act at a general election. He was to take down the answers in writing, and to transmit them to the government. He was to furnish a list of such Roman Catholics, and such Protestant Dissenters, as might be best qualified for the bench and for commands in the militia. He was also to examine into the state of all the boroughs in his county, and to make such reports as might be necessary to guide the operations of the board of regulators. It was intimated to him that he must himself perform these duties, and that he could not be permitted to delegate them to any other person. 313 (#x20_x_20_i185)

The first effect produced by these orders would have at once sobered a prince less infatuated than James. Half the Lords Lieutenants of England peremptorily refused to stoop to the odious service which was required of them. They were immediately dismissed. All those who incurred this glorious disgrace were peers of high consideration; and all had hitherto been regarded as firm supporters of monarchy. Some names in the list deserve especial notice.

The noblest subject in England, and indeed, as Englishmen loved to say, the noblest subject in Europe, was Aubrey de Vere, twentieth and last of the old Earls of Oxford. He derived his title through an uninterrupted male descent from a time when the families of Howard and Seymour were still obscure, when the Nevilles and Percies enjoyed only a provincial celebrity, and when even the great name of Plantagenet had not yet been heard in England. One chief of the house of De Vere had held high command at Hastings: another had marched, with Godfrey and Tancred, over heaps of slaughtered Moslem, to the sepulchre of Christ. The first Earl of Oxford had been minister of Henry Beauclerc. The third Earl had been conspicuous among the Lords who extorted the Great Charter from John. The seventh Earl had fought bravely at Cressy and Pointiers. The thirteenth Earl had, through many vicissitudes of fortune, been the chief of the party of the Red Rose, and had led the van on the decisive day of Bosworth. The seventeenth Earl had shone at the court of Elizabeth, and had won for himself an honourable place among the early masters of English poetry. The nineteenth Earl had fallen in arms for the Protestant religion and for the liberties of Europe under the walls of Maastricht. His son Aubrey, in whom closed the longest and most illustrious line of nobles that England has seen, a man of loose morals, but of inoffensive temper and of courtly manners, was Lord Lieutenant of Essex, and Colonel of the Blues. His nature was not factious; and his interest inclined him to avoid a rupture with the court; for his estate was encumbered, and his military command lucrative. He was summoned to the royal closet; and an explicit declaration of his intentions was demanded from him. "Sir," answered Oxford, "I will stand by your Majesty against all enemies to the last drop of my blood. But this is matter of conscience, and I cannot comply." He was instantly deprived of his lieutenancy and of his regiment. 314 (#x20_x_20_i188)

Inferior in antiquity and splendour to the house of De Vere, but to the house of De Vere alone, was the house of Talbot. Ever since the reign of Edward the Third, the Talbots had sate among the peers of the realm. The earldom of Shrewsbury had been bestowed, in the fifteenth century, on John Talbot, the antagonist of the Maid of Orleans. He had been long remembered by his countrymen with tenderness and reverence as one of the most illustrious of those warriors who had striven to erect a great English empire on the Continent of Europe. The stubborn courage which he had shown in the midst of disasters had made him an object of interest greater than more fortunate captains had inspired, and his death had furnished a singularly touching scene to our early stage. His posterity had, during two centuries, flourished in great honour. The head of the family at the time of the Restoration was Francis, the eleventh Earl, a Roman Catholic. His death had been attended by circumstances such as, even in those licentious times which immediately followed the downfall of the Puritan tyranny, had moved men to horror and pity. The Duke of Buckingham in the course of his vagrant amours was for a moment attracted by the Countess of Shrewsbury. She was easily won. Her lord challenged the gallant, and fell. Some said that the abandoned woman witnessed the combat in man's attire, and others that she clasped her victorious lover to her bosom while his shirt was still dripping with the blood of her husband. The honours of the murdered man descended to his infant son Charles. As the orphan grew up to man's estate, it was generally acknowledged that of the young nobility of England none had been so richly gifted by nature. His person was pleasing, his temper singularly sweet, his parts such as, if he had been born in a humble rank, might well have raised him to the height of civil greatness. All these advantages he had so improved that, before he was of age, he was allowed to be one of the finest gentlemen and finest scholars of his time. His learning is proved by notes which are still extant in his handwriting on books in almost every department of literature. He spoke French like a gentleman of Lewis's bedchamber, and Italian like a citizen of Florence. It was impossible that a youth of such parts should not be anxious to understand the grounds on which his family had refused to conform to the religion of the state. He studied the disputed points closely, submitted his doubts to priests of his own faith, laid their answers before Tillotson, weighed the arguments on both sides long and attentively, and, after an investigation which occupied two years, declared himself a Protestant. The Church of England welcomed the illustrious convert with delight. His popularity was great, and became greater when it was known that royal solicitations and promises had been vainly employed to seduce him back to the superstition which he had abjured. The character of the young Earl did not however develop itself in a manner quite satisfactory to those who had borne the chief part in his conversion. His morals by no means escaped the contagion of fashionable libertinism. In truth the shock which had overturned his early prejudices had at the same time unfixed all his opinions, and left him to the unchecked guidance of his feelings. But, though his principles were unsteady, his impulses were so generous, his temper so bland, his manners so gracious and easy, that it was impossible not to love him. He was early called the King of Hearts, and never, through a long, eventful, and chequered life, lost his right to that name. 315 (#x20_x_20_i191) Shrewsbury was Lord Lieutenant of Staffordshire and Colonel of one of the regiments of horse which had been raised in consequence of the Western insurrection. He now refused to act under the board of regulators, and was deprived of both his commissions.

None of the English nobles enjoyed a larger measure of public favour than Charles Sackville Earl of Dorset. He was indeed a remarkable man. In his youth he had been one of the most notorious libertines of the wild time which followed the Restoration. He had been the terror of the City watch, had passed many nights in the round house, and had at least once occupied a cell in Newgate. His passion for Betty Morrice, and for Nell Gwynn, who called him her Charles the First, had given no small amusement and scandal to the town. 316 (#x20_x_20_i194) Yet, in the midst of follies and vices, his courageous spirit, his fine understanding, and his natural goodness of heart, had been conspicuous. Men said that the excesses in which he indulged were common between him and the whole race of gay young Cavaliers, but that his sympathy with human suffering and the generosity with which he made reparation to those whom his freaks had injured were all his own. His associates were astonished by the distinction which the public made between him and them. "He may do what he chooses," said Wilmot; "he is never in the wrong." The judgment of the world became still more favourable to Dorset when he had been sobered by time and marriage. His graceful manners, his brilliant conversation, his soft heart, his open hand, were universally praised. No day passed, it was said, in which some distressed family had not reason to bless his name. And yet, with all his goodnature, such was the keenness of his wit that scoffers whose sarcasm all the town feared stood in craven fear of the sarcasm of Dorset. All political parties esteemed and caressed him; but politics were not much to his taste. Had he been driven by necessity to exert himself, he would probably have risen to the highest posts in the state; but he was born to rank so high and wealth so ample that many of the motives which impel men to engage in public affairs were wanting to him. He took just so much part in parliamentary and diplomatic business as sufficed to show that he wanted nothing but inclination to rival Danby and Sunderland, and turned away to pursuits which pleased him better. Like many other men who, with great natural abilities, are constitutionally and habitually indolent, he became an intellectual voluptuary, and a master of all those pleasing branches of knowledge which can be acquired without severe application. He was allowed to be the best judge of painting, of sculpture, of architecture, of acting, that the court could show. On questions of polite learning his decisions were regarded at all the coffeehouses as without appeal. More than one clever play which had failed on the first representation was supported by his single authority against the whole clamour of the pit, and came forth successful from the second trial. The delicacy of his taste in French composition was extolled by Saint Evremond and La Fontaine. Such a patron of letters England had never seen. His bounty was bestowed with equal judgment and liberality, and was confined to no sect or faction. Men of genius, estranged from each other by literary jealousy or by difference of political opinion, joined in acknowledging his impartial kindness. Dryden owned that he had been saved from ruin by Dorset's princely generosity. Yet Montague and Prior, who had keenly satirised Dryden, were introduced by Dorset into public life; and the best comedy of Dryden's mortal enemy, Shadwell, was written at Dorset's country seat. The munificent Earl might, if such had been his wish, have been the rival of those of whom he was content to be the benefactor. For the verses which he occasionally composed, unstudied as they are, exhibit the traces of a genius which, assiduously cultivated, would have produced something great. In the small volume of his works may be found songs which have the easy vigour of Suckling, and little satires which sparkle with wit as splendid as that of Butler. 317 (#x20_x_20_i197)

Dorset was Lord Lieutenant of Sussex: and to Sussex the board of regulators looked with great anxiety: for in no other county, Cornwall and Wiltshire excepted, were there so many small boroughs. He was ordered to repair to his post. No person who knew him expected that he would obey. He gave such an answer as became him, and was informed that his services were no longer needed. The interest which his many noble and amiable qualities inspired was heightened when it was known that he had received by the post an anonymous billet telling him that, if he did not promptly comply with the King's wishes, all his wit and popularity should not save him from assassination. A similar warning was sent to Shrewsbury. Threatening letters were then much more rare than they afterwards became. It is therefore not strange that the people, excited as they were, should have been disposed to believe that the best and noblest Englishmen were really marked out for Popish daggers. 318 (#x20_x_20_i204) Just when these letters were the talk of all London, the mutilated corpse of a noted Puritan was found in the streets. It was soon discovered that the murderer had acted from no religious or political motive. But the first suspicions of the populace fell on the Papists. The mangled remains were carried in procession to the house of the Jesuits in the Savoy; and during a few hours the fear and rage of the populace were scarcely less violent than on the day when Godfrey was borne to his grave. 319 (#x20_x_20_i207)

The other dismissions must be more concisely related. The Duke of Somerset, whose regiment had been taken from him some months before, was now turned out of the lord lieutenancy of the East Riding of Yorkshire. The North Riding was taken from Viscount Fauconberg, Shropshire from Viscount Newport, and Lancashire from the Earl of Derby, grandson of that gallant Cavalier who had faced death so bravely, both on the field of battle and on the scaffold, for the House of Stuart. The Earl of Pembroke, who had recently served the crown with fidelity and spirit against Monmouth, was displaced in Wiltshire, the Earl of Husband in Leicestershire, the Earl of Bridgewater in Buckinghamshire, the Earl of Thanet in Cumberland, the Earl of Northampton in Warwickshire, the Earl of Abingdon in Oxfordshire, and the Earl of Scarsdale in Derbyshire. Scarsdale was also deprived of a regiment of cavalry, and of an office in the household of the Princess of Denmark. She made a struggle to retain his services, and yielded only to a peremptory command of her father. The Earl of Gainsborough was rejected, not only from the lieutenancy of Hampshire, but also from the government of Portsmouth and the rangership of the New Forest, two places for which he had, only a few months before, given five thousand pounds. 320 (#x20_x_20_i210)

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

At length the new machinery was put in action; and soon from every corner of the realm arrived the news of complete and hopeless failure. The catechism by which the Lords Lieutenants had been directed to test the sentiments of the country gentlemen consisted of three questions. Every magistrate and Deputy Lieutenant was to be asked, first, whether, if he should be chosen to serve in Parliament, he would vote for a bill framed on the principles of the Declaration of Indulgence; secondly, whether, as an elector, he would support candidates who would engage to vote for such a bill and, thirdly, whether, in his private capacity, he would aid the King's benevolent designs by living in friendship with people of all religious persuasions. 321 (#x20_x_20_i213)

As soon as the questions got abroad, a form of answer, drawn up with admirable skill, was circulated all over the kingdom, and was generally adopted. It was to the following effect: "As a member of the House of Commons, should I have the honour of a seat there, I shall think it my duty carefully to weigh such reasons as may be adduced in debate for and against a Bill of Indulgence, and then to vote according to my conscientious conviction. As an elector, I shall give my support to candidates whose notions of the duty of a representative agree with my own. As a private man, it is my wish to live in peace and charity with every body." This answer, far more provoking than a direct refusal, because slightly tinged with a sober and decorous irony which could not well be resented, was all that the emissaries of the court could extract from most of the country gentlemen. Arguments, promises, threats, were tried in vain. The Duke of Norfolk, though a Protestant, and though dissatisfied with the proceedings of the government, had consented to become its agent in two counties. He went first to Surrey, where he soon found that nothing could be done. 322 (#x20_x_20_i216) He then repaired to Norfolk, and returned to inform the King that, of seventy gentlemen of note who bore office in that great province, only six had held out hopes that they should support the policy of the court. 323 (#x20_x_20_i219) The Duke of Beaufort, whose authority extended over four English shires and over the whole principality of Wales, came up to Whitehall with an account not less discouraging. 324 (#x20_x_20_i222) Rochester was Lord Lieutenant of Hertfordshire. All his little stock of virtue had been expended in his struggle against the strong temptation to sell his religion for lucre. He was still bound to the court by a pension of four thousand pounds a year; and in return for this pension he was willing to perform any service, however illegal or degrading, provided only that he were not required to go through the forms of a reconciliation with Rome. He had readily undertaken to manage his county; and he exerted himself, as usual, with indiscreet heat and violence. But his anger was thrown away on the sturdy squires to whom he addressed himself. They told him with one voice that they would send up no man to Parliament who would vote for taking away the safeguards of the Protestant religion. 325 (#x20_x_20_i225) The same answer was given to the Chancellor in Buckinghamshire. 326 (#x20_x_20_i228) The gentry of Shropshire, assembled at Ludlow, unanimously refused to fetter themselves by the pledge which the King demanded of them. 327 (#x20_x_20_i231) The Earl of Yarmouth reported from Wiltshire that, of sixty magistrates and Deputy Lieutenants with whom he had conferred, only seven had given favourable answers, and that even those seven could not be trusted. 328 (#x20_x_20_i234) The renegade Peterborough made no progress in Northamptonshire. 329 (#x20_x_20_i237) His brother renegade Dover was equally unsuccessful in Cambridgeshire. 330 (#x20_x_20_i240) Preston brought cold news from Cumberland and Westmoreland. Dorsetshire and Huntingdonshire were animated by the same spirit. The Earl of Bath, after a long canvass, returned from the West with gloomy tidings. He had been authorised to make the most tempting offers to the inhabitants of that region. In particular he had promised that, if proper respect were shown to the royal wishes, the trade in tin should be freed from the oppressive restrictions under which it lay. But this lure, which at another time would have proved irresistible, was now slighted. All the justices and Deputy Lieutenants of Devonshire and Cornwall, without a single dissenting voice, declared that they would put life and property in jeopardy for the King, but that the Protestant religion was dearer to them than either life or property. "And, sir," said Bath, "if your Majesty should dismiss all these gentlemen, their successors would give exactly the same answer." 331 (#x20_x_20_i243) If there was any district in which the government might have hoped for success, that district was Lancashire. Considerable doubts had been felt as to the result of what was passing there. In no part of the realm had so many opulent and honourable families adhered to the old religion. The heads of many of those families had already, by virtue of the dispensing power, been made justices of the Peace and entrusted with commands in the militia. Yet from Lancashire the new Lord Lieutenant, himself a Roman Catholic, reported that two thirds of his deputies and of the magistrates were opposed to the court. 332 (#x20_x_20_i246) But the proceedings in Hampshire wounded the King's pride still more deeply. Arabella Churchill had, more than twenty years before, borne him a son, widely renowned, at a later period, as one of the most skilful captains of Europe. The youth, named James Fitzjames, had as yet given no promise of the eminence which he afterwards attained: but his manners were so gentle and inoffensive that he had no enemy except Mary of Modena, who had long hated the child of the concubine with the bitter hatred of a childless wife. A small part of the Jesuitical faction had, before the pregnancy of the Queen was announced, seriously thought of setting him up as a competitor of the Princess of Orange. 333 (#x20_x_20_i249) When it is remembered how signally Monmouth, though believed by the populace to be legitimate, and though the champion of the national religion, had failed in a similar competition, it must seem extraordinary that any man should have been so much blinded by fanaticism as to think of placing on the throne one who was universally known to be a Popish bastard. It does not appear that this absurd design was ever countenanced by the King. The boy, however, was acknowledged; and whatever distinctions a subject, not of the royal blood, could hope to attain were bestowed on him. He had been created Duke of Berwick; and he was now loaded with honourable and lucrative employments, taken from those noblemen who had refused to comply with the royal commands. He succeeded the Earl of Oxford as Colonel of the Blues, and the Earl of Gainsborough as Lord Lieutenant of Hampshire, Ranger of the New Forest, and Governor of Portsmouth. On the frontier of Hampshire Berwick expected to have been met, according to custom, by a long cavalcade of baronets, knights and squires: but not a single person of note appeared to welcome him. He sent out letters commanding the attendance of the gentry: but only five or six paid the smallest attention to his summons. The rest did not wait to be dismissed. They declared that they would take no part in the civil or military government of their county while the King was represented there by a Papist, and voluntarily laid down their commissions. 334 (#x20_x_20_i252)

Sunderland, who had been named Lord Lieutenant of Warwickshire in the room of the Earl of Northampton, found some excuse for not going down to face the indignation and contempt of the gentry of that shire; and his plea was the more readily admitted because the King had, by that time, begun to feel that the spirit of the rustic gentry was not to be bent. 335 (#x20_x_20_i255)

It is to be observed that those who displayed this spirit were not the old enemies of the House of Stuart. The Commissions of Peace and Lieutenancy had long been carefully purged of all republican names. The persons from whom the court had in vain attempted to extract any promise of support were, with scarcely an exception, Tories. The elder among them could still show scars given by the swords of Roundheads, and receipts for plate sent to Charles the First in his distress. The younger had adhered firmly to James against Shaftesury and Monmouth. Such were the men who were now turned out of office in a mass by the very prince to whom they had given such signal proofs of fidelity. Dismission however only made them more resolute. It had become a sacred point of honour among them to stand stoutly by one another in this crisis. There could be no doubt that, if the suffrage of the freeholders were fairly taken, not a single knight of the shire favourable to the policy of the government would be returned. Men therefore asked one another, with no small anxiety, whether the suffrages were likely to be fairly taken. The list of the Sheriffs for the new year was impatiently expected. It appeared while the Lords Lieutenants were still engaged in their canvass, and was received with a general cry of alarm and indignation. Most of the functionaries who were to preside at the county elections were either Roman Catholics or Protestant Dissenters who had expressed their approbation of the Indulgence. 336 (#x20_x_20_i258) For a time the most gloomy apprehensions prevailed: but soon they began to subside. There was good reason to believe that there was a point beyond which the King could not reckon on the support even of those Sheriffs who were members of his own Church. Between the Roman Catholic courtier and the Roman Catholic country gentleman there was very little sympathy. That cabal which domineered at Whitehall consisted partly of fanatics, who were ready to break through all rules of morality and to throw the world into confusion for the purpose of propagating their religion, and partly of hypocrites, who, for lucre, had apostatized from the faith in which they had been brought up, and who now over acted the zeal characteristic of neophytes. Both the fanatical and the hypocritical courtiers were generally destitute of all English feeling. In some of them devotion to their Church had extinguished every national sentiment. Some were Irishmen, whose patriotism consisted in mortal hatred of the Saxon conquerors of Ireland. Some, again, were traitors, who received regular hire from a foreign power. Some had passed a great part of their lives abroad, and either were mere cosmopolites, or felt a positive distaste for the manners and institutions of the country which was now subjected to their rule. Between such men and the lord of a Cheshire or Staffordshire manor who adhered to the old Church there was scarcely anything in common. He was neither a fanatic nor a hypocrite. He was a Roman Catholic because his father and grandfather had been so; and he held his hereditary faith, as men generally hold a hereditary faith, sincerely, but with little enthusiasm. In all other points he was a mere English squire, and, if he differed from the neighbouring squires, differed from them by being somewhat more simple and clownish than they. The disabilities under which he lay had prevented his mind from expanding to the standard, moderate as that standard was, which the minds of Protestant country gentlemen then ordinarily attained. Excluded, when a boy, from Eton and Westminster, when a youth, from Oxford and Cambridge, when a man, from Parliament and from the bench of justice, he generally vegetated as quietly as the elms of the avenue which led to his ancestral grange. His cornfields, his dairy and his cider press, his greyhounds, his fishing rod and his gun, his ale and his tobacco, occupied almost all his thoughts. With his neighbours, in spite of his religion, he was generally on good terms. They knew him to be unambitious and inoffensive. He was almost always of a good old family. He was always a Cavalier. His peculiar notions were not obtruded, and caused no annoyance. He did not, like a Puritan, torment himself and others with scruples about everything that was pleasant. On the contrary, he was as keen a sportsman, and as jolly a boon companion, as any man who had taken the oath of supremacy and the declaration against transubstantiation. He met his brother squires at the cover, was in with them at the death, and, when the sport was over, took them home with him to a venison pasty and to October four years in bottle. The oppressions which he had undergone had not been such as to impel him to any desperate resolution. Even when his Church was barbarously persecuted, his life and property were in little danger. The most impudent false witnesses could hardly venture to shock the common sense of mankind by accusing him of being a conspirator. The Papists whom Oates selected for attack were peers, prelates, Jesuits, Benedictines, a busy political agent, a lawyer in high practice, a court physician. The Roman Catholic country gentleman, protected by his obscurity, by his peaceable demeanour, and by the good will of those among whom he lived, carted his hay or filled his bag with game unmolested, while Coleman and Langhorne, Whitbread and Pickering, Archbishop Plunkett and Lord Stafford, died by the halter or the axe. An attempt was indeed made by a knot of villains to bring home a charge of treason to Sir Thomas Gascoigne, an aged Roman Catholic baronet of Yorkshire: but twelve of the best gentlemen of the West Riding, who knew his way of life, could not be convinced that their honest old acquaintance had hired cutthroats to murder the King, and, in spite of charges which did very little honour to the bench, found a verdict of Not Guilty. Sometimes, indeed, the head of an old and respectable provincial family might reflect with bitterness that he was excluded, on account of his religion, from places of honour and authority which men of humbler descent and less ample estate were thought competent to fill: but he was little disposed to risk land and life in a struggle against overwhelming odds; and his honest English spirit would have shrunk with horror from means such as were contemplated by the Petres and Tyrconnels. Indeed he would have been as ready as any of his Protestant neighbours to gird on his sword, and to put pistols in his holsters, for the defence of his native land against an invasion of French or Irish Papists. Such was the general character of the men to whom James now looked as to his most trustworthy instruments for the conduct of county elections. He soon found that they were not inclined to throw away the esteem of their neighbours, and to endanger their beads and their estates, by rendering him an infamous and criminal service. Several of them refused to be Sheriffs. Of those who accepted the shrievalty many declared that they would discharge their duty as fairly as if they were members of the Established Church, and would return no candidate who had not a real majority. 337 (#x20_x_20_i261)

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

The consequence of this change in the feeling of the Nonconformists, was that the government found almost as great difficulty in the towns as in the counties. When the regulators began their work, they had taken it for granted that every Dissenter who had been induced to express gratitude for the Indulgence would be favourable to the king's policy. They were therefore confident that they should be able to fill all the municipal offices in the kingdom with staunch friends. In the new charters a power had been reserved to the crown of dismissing magistrates at pleasure. This power was now exercised without limit. It was by no means equally clear that James had the power of appointing new magistrates: but, whether it belonged to him or not, he determined to assume it. Everywhere, from the Tweed to the Land's End, Tory functionaries were ejected, and the vacant places were filled with Presbyterians, Independents, and Baptists. In the new charter of the City of London the crown had reserved the power of displacing the masters, wardens, and assistants of all the companies. Accordingly more than eight hundred citizens of the first consideration, all of them members of that party which had opposed the Exclusion Bill, were turned out of office by a single edict. In a short time appeared a supplement to this long list. 338 (#x20_x_20_i266) But scarcely had the new officebearers been sworn in when it was discovered that they were as unmanageable as their predecessors. At Newcastle on Tyne the regulators appointed a Roman Catholic Mayor and Puritan Alderman. No doubt was entertained that the municipal body, thus remodelled, would vote an address promising to support the king's measures. The address, however, was negatived. The mayor went up to London in a fury, and told the king that the Dissenters were all knaves and rebels, and that in the whole corporation the government could not reckon on more than four votes. 339 (#x20_x_20_i269) At Reading twenty-four Tory aldermen were dismissed. Twenty-four new aldermen were appointed. Twenty-three of these immediately declared against the Indulgence, and were dismissed in their turn. 340 (#x20_x_20_i272) In the course of a few days the borough of Yarmouth was governed by three different sets of magistrates, all equally hostile to the court. 341 (#x20_x_20_i275) These are mere examples of what was passing all over the kingdom. The Dutch Ambassador informed the States that at many towns the public functionaries had, within one month, been changed twice, and even thrice, and yet changed in vain. 342 (#x20_x_20_i278) From the records of the Privy Council it appears that the number of regulations, as they were called, exceeded two hundred. 343 (#x20_x_20_i281) The regulators indeed found that, in not a few places, the change had been for the worse. The discontented Tories, even while murmuring against the king's policy, had constantly expressed respect for his person and his office, and had disclaimed all thoughts of resistance. Very different was the language of some of the new members of corporations. It was said that old soldiers of the Commonwealth, who, to their own astonishment and that of the public, had been made aldermen, gave the agents of the court very distinctly to understand that blood should flow before Popery and arbitrary power were established in England. 344 (#x20_x_20_i284)

The regulators found that little or nothing had been gained by what had as yet been done. There was one way, and one way only, in which they could hope to effect their object. The charters of the boroughs must be resumed; and other charters must be granted confining the elective franchise to very small constituent bodies appointed by the sovereign. 345 (#x20_x_20_i287)

But how was this plan to be carried into effect? In a few of the new charters, indeed, a right of revocation had been reserved to the crown: but the rest James could get into his hands only by voluntary surrender on the part of corporations, or by judgment of the King's Bench. Few corporations were now disposed to surrender their charters voluntarily; and such judgments as would suit the purposes of the government were hardly to be expected even from such a slave as Wright. The writs of Quo Warranto which had been brought a few years before for the purpose of crushing the Whig party had been condemned by every impartial man. Yet those writs had at least the semblance of justice; for they were brought against ancient municipal bodies; and there were few ancient municipal bodies in which some abuse, sufficient to afford a pretext for a penal proceeding, had not grown up in the course of ages. But the corporations now to be attacked were still in the innocence of infancy. The oldest among them had not completed its fifth year. It was impossible that many of them should have committed offences meriting disfranchisement. The Judges themselves were uneasy. They represented that what they were required to do was in direct opposition to the plainest principles of law and justice: but all remonstrance was vain. The boroughs were commanded to surrender their charters. Few complied; and the course which the King took with those few did not encourage others to trust him. In several towns the right of voting was taken away from the commonalty, and given to a very small number of persons, who were required to bind themselves by oath to support the candidates recommended by the government. At Tewkesbury, for example, the franchise was confined to thirteen persons. Yet even this number was too large. Hatred and fear had spread so widely through the community that it was scarcely possible to bring together in any town, by any process of packing, thirteen men on whom the court could absolutely depend. It was rumoured that the majority of the new constituent body of Tewkesbury was animated by the same sentiment which was general throughout the nation, and would, when the decisive day should arrive, send true Protestants to Parliament. The regulators in great wrath threatened to reduce the number of electors to three. 346 (#x20_x_20_i290) Meanwhile the great majority of the boroughs firmly refused to give up their privileges. Barnstaple, Winchester, and Buckingham, distinguished themselves by the boldness of their opposition. At Oxford the motion that the city should resign its franchises to the King was negatived by eighty votes to two. 347 (#x20_x_20_i293) The Temple and Westminster Hall were in a ferment with the sudden rush of business from all corners of the kingdom. Every lawyer in high practice was overwhelmed with the briefs from corporations. Ordinary litigants complained that their business was neglected. 348 (#x20_x_20_i296) It was evident that a considerable time must elapse before judgment could be given in so great a number of important cases. Tyranny could ill brook this delay. Nothing was omitted which could terrify the refractory boroughs into submission. At Buckingham some of the municipal officers had spoken of Jeffreys in language which was not laudatory. They were prosecuted, and were given to understand that no mercy should be shown to them unless they would ransom themselves by surrendering their charter. 349 (#x20_x_20_i299) At Winchester still more violent measures were adopted. A large body of troops was marched into the town for the sole purpose of burdening and harassing the inhabitants. 350 (#x20_x_20_i302) The town continued resolute; and the public voice loudly accused the King of imitating the worst crimes of his brother of France. The dragonades, it was said, had begun. There was indeed reason for alarm. It had occurred to James that he could not more effectually break the spirit of an obstinate town than by quartering soldiers on the inhabitants. He must have known that this practice had sixty years before excited formidable discontents, and had been solemnly pronounced illegal by the Petition of Right, a statute scarcely less venerated by Englishmen than the Great Charter. But he hoped to obtain from the courts of law a declaration that even the Petition of Right could not control the prerogative. He actually consulted the Chief justice of the King's Bench on this subject: 351 (#x20_x_20_i305) but the result of the consultation remained secret; and in a very few weeks the aspect of affairs became such that a fear stronger than even the fear of the royal displeasure began to impose some restraint even on a man so servile as Wright.

While the Lords Lieutenants were questioning the justices of the Peace, while the regulators were remodelling the boroughs, all the public departments were subjected to a strict inquisition. The palace was first purified. Every battered old Cavalier, who, in return for blood and lands lost in the royal cause, had obtained some small place under the Keeper of the Wardrobe or the Master of the Harriers, was called upon to choose between the King and the Church. The Commissioners of Customs and Excise were ordered to attend His Majesty at the Treasury. There he demanded from them a promise to support his policy, and directed them to require a similar promise from all their subordinates. 352 (#x20_x_20_i308) One Customhouse officer notified his submission to the royal will in a way which excited both merriment and compassion. "I have," he said, "fourteen reasons for obeying His Majesty's commands, a wife and thirteen young children." 353 (#x20_x_20_i311) Such reasons were indeed cogent; yet there were not a few instances in which, even against such reasons, religious and patriotic feelings prevailed.

There is reason to believe that the government at this time seriously meditated a blow which would have reduced many thousands of families to beggary, and would have disturbed the whole social system of every part of the country. No wine, beer, or coffee could be sold without a license. It was rumoured that every person holding such a license would shortly be required to enter into the same engagements which had been imposed on public functionaries, or to relinquish his trade. 354 (#x20_x_20_i314) It seems certain that, if such a step had been taken, the houses of entertainment and of public resort all over the kingdom would have been at once shut up by hundreds. What effect such an interference with the comfort of all ranks would have produced must be left to conjecture. The resentment produced by grievances is not always proportioned to their dignity; and it is by no means improbable that the resumption of licenses might have done what the resumption of charters had failed to do. Men of fashion would have missed the chocolate house in Saint James's Street, and men of business the coffee pot, round which they were accustomed to smoke and talk politics, in Change Alley. Half the clubs would have been wandering in search of shelter. The traveller at nightfall would have found the inn where he had expected to sup and lodge deserted. The clown would have regretted the hedge alehouse, where he had been accustomed to take his pot on the bench before the door in summer, and at the chimney corner in winter. The nation might, perhaps under such provocation, have risen in general rebellion without waiting for the help of foreign allies.

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

No barrister living had opposed the court with more virulence than William Williams. He had distinguished himself in the late reign as a Whig and an Exclusionist. When faction was at the height, he had been chosen Speaker of the House of Commons. After the prorogation of the Oxford Parliament he had commonly been counsel for the most noisy demagogues who had been accused of sedition. He was allowed to possess considerable quickness and knowledge. His chief faults were supposed to be rashness and party spirit. It was not yet suspected that he had faults compared with which rashness and party spirit might well pass for virtues. The government sought occasion against him, and easily found it. He had published, by order of the House of Commons, a narrative which Dangerfield had written. This narrative, if published by a private man, would undoubtedly have been a seditious libel. A criminal information was filed in the King's Bench against Williams: he pleaded the privileges of Parliament in vain: he was convicted and sentenced to a fine of ten thousand pounds. A large part of this sum he actually paid: for the rest he gave a bond. The Earl of Peterborough, who had been injuriously mentioned in Dangerfield's narrative, was encouraged, by the success of the criminal information, to bring a civil action, and to demand large damages. Williams was driven to extremity. At this juncture a way of escape presented itself. It was indeed a way which, to a man of strong principles or high spirit, would have been more dreadful than beggary, imprisonment, or death. He might sell himself to that government of which he had been the enemy and the victim. He might offer to go on the forlorn hope in every assault on those liberties and on that religion for which he had professed an inordinate zeal. He might expiate his Whiggism by performing services from which bigoted Tories, stained with the blood of Russell and Sidney, shrank in horror. The bargain was struck. The debt still due to the crown was remitted. Peterborough was induced, by royal mediation, to compromise his action. Sawyer was dismissed. Powis became Attorney General. Williams was made Solicitor, received the honour of knighthood, and was soon a favourite. Though in rank he was only the second law officer of the crown, his abilities, learning, and energy were such that he completely threw his superior into the shade. 355 (#x20_x_20_i317)

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

On the twenty-seventh of April 1688, the King put forth a second Declaration of Indulgence. In this paper he recited at length the Declaration of the preceding April. His past life, he said, ought to have convinced his people that he was not a person who could easily be induced to depart from any resolution which he had formed. But, as designing men had attempted to persuade the world that he might be prevailed on to give way in this matter, he thought it necessary to proclaim that his purpose was immutably fixed, that he was resolved to employ those only who were prepared to concur in his design, and that he had, in pursuance of that resolution, dismissed many of his disobedient servants from civil and military employments. He announced that he meant to hold a Parliament in November at the latest; and he exhorted his subjects to choose representatives who would assist him in the great work which he had undertaken. 356 (#x20_x_20_i320)

This Declaration at first produced little sensation. It contained nothing new; and men wondered that the King should think it worth while to publish a solemn manifesto merely for the purpose of telling them that he had not changed his mind. 357 (#x20_x_20_i323) Perhaps James was nettled by the indifference with which the announcement of his fixed resolution was received by the public, and thought that his dignity and authority would suffer unless he without delay did something novel and striking. On the fourth of May, accordingly, he made an Order in Council that his Declaration of the preceding week should be read, on two successive Sundays at the time of divine service, by the officiating ministers of all the churches and chapels of the kingdom. In London and in the suburbs the reading was to take place on the twentieth and twenty-seventh of May, in other parts of England on the third and tenth of June. The Bishops were directed to distribute copies of the Declaration through their respective dioceses. 358 (#x20_x_20_i326)

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

The clergy therefore hesitated; and this hesitation may well be excused: for some eminent laymen, who possessed a large share of the public confidence, were disposed to recommend submission. They thought that a general opposition could hardly be expected, and that a partial opposition would be ruinous to individuals, and of little advantage to the Church and to the nation. Such was the opinion given at this time by Halifax and Nottingham. The day drew near; and still there was no concert and no formed resolution. 359 (#x20_x_20_i329)

At this conjuncture the Protestant Dissenters of London won for themselves a title to the lasting gratitude of their country. They had hitherto been reckoned by the government as part of its strength. A few of their most active and noisy preachers, corrupted by the favours of the court, had got up addresses in favour of the King's policy. Others, estranged by the recollection of many cruel wrongs both from the Church of England and from the House of Stuart, had seen with resentful pleasure the tyrannical prince and the tyrannical hierarchy separated by a bitter enmity, and bidding against each other for the help of sects lately persecuted and despised. But this feeling, however natural, had been indulged long enough. The time had come when it was necessary to make a choice: and the Nonconformists of the City, with a noble spirit, arrayed themselves side by side with the members of the Church in defence of the fundamental laws of the realm. Baxter, Bates, and Howe distinguished themselves by their efforts to bring about this coalition: but the generous enthusiasm which pervaded the whole Puritan body made the task easy. The zeal of the flocks outran that of the pastors. Those Presbyterian and Independent teachers who showed an inclination to take part with the King against the ecclesiastical establishment received distinct notice that, unless they changed their conduct, their congregations would neither hear them nor pay them. Alsop, who had flattered himself that he should be able to bring over a great body of his disciples to the royal side, found himself on a sudden an object of contempt and abhorrence to those who had lately revered him as their spiritual guide, sank into a deep melancholy, and hid himself from the public eye. Deputations waited on several of the London clergy imploring them not to judge of the dissenting body from the servile adulation which had lately filled the London Gazette, and exhorting them, placed as they were in the van of this great fight, to play the men for the liberties of England and for the faith delivered to the Saints. These assurances were received with joy and gratitude. Yet there was still much anxiety and much difference of opinion among those who had to decide whether, on Sunday the twentieth, they would or would not obey the King's command. The London clergy, then universally acknowledged to be the flower of their profession, held a meeting. Fifteen Doctors of Divinity were present. Tillotson, Dean of Canterbury, the most celebrated preacher of the age, came thither from a sick bed. Sherlock, Master of the Temple, Patrick, Dean of Peterborough and Rector of the important parish of St. Paul's, Covent Garden, and Stillingfleet, Archdeacon of London and Dean of St. Paul's Cathedral, attended. The general feeling of the assembly seemed to be that it was, on the whole, advisable to obey the Order in Council. The dispute began to wax warm, and might have produced fatal consequences, if it had not been brought to a close by the firmness and wisdom of Doctor Edward Fowler, Vicar of St. Giles's, Cripplegate, one of a small but remarkable class of divines who united that love of civil liberty which belonged to the school of Calvin with the theology of the school of Arminius. 360 (#x20_x_20_i332) Standing up, Fowler spoke thus: "I must be plain. The question is so simple that argument can throw no new light on it, and can only beget heat. Let every man say Yes or No. But I cannot consent to be bound by the vote of the majority. I shall be sorry to cause a breach of unity. But this Declaration I cannot in conscience read." Tillotson, Patrick, Sherlock, and Stillingfleet declared that they were of the same mind. The majority yielded to the authority of a minority so respectable. A resolution by which all present pledged themselves to one another not to read the Declaration was then drawn up. Patrick was the first who set his hand to it; Fowler was the second. The paper was sent round the city, and was speedily subscribed by eighty-five incumbents. 361 (#x20_x_20_i335)

Meanwhile several of the Bishops were anxiously deliberating as to the course which they should take. On the twelfth of May a grave and learned company was assembled round the table of the Primate at Lambeth. Compton, Bishop of London, Turner, Bishop of Ely, White, Bishop of Peterborough, and Tenison, Rector of St. Martin's parish, were among the guests. The Earl of Clarendon, a zealous and uncompromising friend of the Church, had been invited. Cartwright, Bishop of Chester, intruded himself on the meeting, probably as a spy. While he remained, no confidential communication could take place; but, after his departure, the great question of which all minds were full was propounded and discussed. The general opinion was that the Declaration ought not to be read. Letters were forthwith written to several of the most respectable prelates of the province of Canterbury, entreating them to come up without delay to London, and to strengthen the hands of their metropolitan at this conjuncture. 362 (#x20_x_20_i338) As there was little doubt that these letters would be opened if they passed through the office in Lombard Street, they were sent by horsemen to the nearest country post towns on the different roads. The Bishop of Winchester, whose loyalty had been so signally proved at Sedgemoor, though suffering from indisposition, resolved to set out in obedience to the summons, but found himself unable to bear the motion of a coach. The letter addressed to William Lloyd, Bishop of Norwich, was, in spite of all precautions, detained by a postmaster; and that prelate, inferior to none of his brethren in courage and in zeal for the common cause of his order, did not reach London in time. 363 (#x20_x_20_i341) His namesake, William Lloyd, Bishop of St. Asaph, a pious, honest, and learned man, but of slender judgment, and half crazed by his persevering endeavours to extract from Daniel and the Revelations some information about the Pope and the King of France, hastened to the capital and arrived on the sixteenth. 364 (#x20_x_20_i344) On the following day came the excellent Ken, Bishop of Bath and Wells, Lake, Bishop of Chichester, and Sir John Trelawney, Bishop of Bristol, a baronet of an old and honourable Cornish family.

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

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

It was now late on Friday evening: and on Sunday morning the Declaration was to be read in the churches of London. It was necessary to put the paper into the King's hands without delay. The six Bishops set off for Whitehall. The Archbishop, who had long been forbidden the court, did not accompany them. Lloyd, leaving his five brethren at the house of Lord Dartmouth in the vicinity of the palace, went to Sunderland, and begged that minister to read the petition, and to ascertain when the King would be willing to receive it. Sunderland, afraid of compromising himself, refused to look at the paper, but went immediately to the royal closet. James directed that the Bishops should be admitted. He had heard from his tool Cartwright that they were disposed to obey the royal mandate, but that they wished for some little modifications in form, and that they meant to present a humble request to that effect. His Majesty was therefore in very good humour. When they knelt before him, he graciously told them to rise, took the paper from Lloyd, and said, "This is my Lord of Canterbury's hand." "Yes, sir, his own hand," was the answer. James read the petition; he folded it up; and his countenance grew dark. "This," he said, "is a great surprise to me. I did not expect this from your Church, especially from some of you. This is a standard of rebellion." The Bishops broke out into passionate professions of loyalty: but the King, as usual, repeated the same words over and over. "I tell you, this is a standard of rebellion." "Rebellion!" cried Trelawney, falling on his knees. "For God's sake, sir, do not say so hard a thing of us. No Trelawney can be a rebel. Remember that my family has fought for the crown. Remember how I served your Majesty when Monmouth was in the West." "We put down the last rebellion," said Lake, "we shall not raise another." "We rebel!" exclaimed Turner; "we are ready to die at your Majesty's feet." "Sir," said Ken, in a more manly tone, "I hope that you will grant to us that liberty of conscience which you grant to all mankind." Still James went on. "This is rebellion. This is a standard of rebellion. Did ever a good Churchman question the dispensing power before? Have not some of you preached for it and written for it? It is a standard of rebellion. I will have my Declaration published." "We have two duties to perform," answered Ken, "our duty to God, and our duty to your Majesty. We honour you, but we fear God." "Have I deserved this?" said the King, more and more, angry, "I who have been such a friend to your Church! I did not expect this from some of you. I will be obeyed. My Declaration shall be published. You are trumpeters of sedition. What do you do here? Go to your dioceses and see that I am obeyed. I will keep this paper. I will not part with it. I will remember you that have signed it." "God's will be done," said Ken. "God has given me the dispensing power," said the King, "and I will maintain it. I tell you that there are still seven thousand of your Church who have not bowed the knee to Baal." The Bishops respectfully retired. 365 (#x20_x_20_i347) That very evening the document which they had put into the hands of the King appeared word for word in print, was laid on the tables of all the coffeehouses, and was cried about the streets. Everywhere the people rose from their beds, and came out to stop the hawkers. It was said that the printer cleared a thousand pounds in a few hours by this penny broadside. This is probably an exaggeration; but it is an exaggeration which proves that the sale was enormous. How the petition got abroad is still a mystery. Sancroft declared that he had taken every precaution against publication, and that he knew of no copy except that which he had himself written, and which James had taken out of Lloyd's hand. The veracity of the Archbishop is beyond all suspicion. It is, however, by no means improbable that some of the divines who assisted in framing the petition may have remembered so short a composition accurately, and may have sent it to the press. The prevailing opinion, however, was that some person about the King had been indiscreet or treacherous. 366 (#x20_x_20_i350) Scarcely less sensation was produced by a short letter which was written with great power of argument and language, printed secretly, and largely circulated on the same day by the post and by the common carriers. A copy was sent to every clergyman in the kingdom. The writer did not attempt to disguise the danger which those who disobeyed the royal mandate would incur: but he set forth in a lively manner the still greater danger of submission. "If we read the Declaration," said he, "we fall to rise no more. We fall unpitied and despised. We fall amidst the curses of a nation whom our compliance will have ruined." Some thought that this paper came from Holland. Others attributed it to Sherlock. But Prideaux, Dean of Norwich, who was a principal agent in distributing it, believed it to be the work of Halifax.

The conduct of the prelates was rapturously extolled by the general voice: but some murmurs were heard. It was said that such grave men, if they thought themselves bound in conscience to remonstrate with the King, ought to have remonstrated earlier. Was it fair to him to leave him in the dark till within thirty-six hours of the time fixed for the reading of the Declaration? Even if he wished to revoke the Order in Council, it was too late to do so. The inference seemed to be that the petition was intended, not to move the royal mind, but merely to inflame the discontents of the people. 367 (#x20_x_20_i353) These complaints were utterly groundless. The King had laid on the Bishops a command new, surprising, and embarrassing. It was their duty to communicate with each other, and to ascertain as far as possible the sense of the profession of which they were the heads before they took any step. They were dispersed over the whole kingdom. Some of them were distant from others a full week's journey. James allowed them only a fortnight to inform themselves, to meet, to deliberate, and to decide; and he surely had no right to think himself aggrieved because that fortnight was drawing to a close before he learned their decision. Nor is it true that they did not leave him time to revoke his order if he had been wise enough to do so. He might have called together his Council on Saturday morning, and before night it might have been known throughout London and the suburbs that he had yielded to the intreaties of the fathers of the Church. The Saturday, however, passed over without any sign of relenting on the part of the government, and the Sunday arrived, a day long remembered.

In the City and Liberties of London were about a hundred parish churches. In only four of these was the Order in Council obeyed. At Saint Gregory's the Declaration was read by a divine of the name of Martin. As soon as he uttered the first words, the whole congregation rose and withdrew. At Saint Matthew's, in Friday Street, a wretch named Timothy Hall, who had disgraced his gown by acting as broker for the Duchess of Portsmouth in the sale of pardons, and who now had hopes of obtaining the vacant bishopric of Oxford, was in like manner left alone in his church. At Serjeant's Inn, in Chancery Lane, the clerk pretended that he had forgotten to bring a copy; and the Chief justice of the King's Bench, who had attended in order to see that the royal mandate was obeyed, was forced to content himself with this excuse. Samuel Wesley, the father of John and Charles Wesley, a curate in London, took for his text that day the noble answer of the three Jews to the Chaldean tyrant. "Be it known unto thee, O King, that we will not serve thy gods, nor worship the golden image which thou hast set up." Even in the chapel of Saint James's Palace the officiating minister had the courage to disobey the order. The Westminster boys long remembered what took place that day in the Abbey. Sprat, Bishop of Rochester, officiated there as Dean. As soon as he began to read the Declaration, murmurs and the noise of people crowding out of the choir drowned his voice. He trembled so violently that men saw the paper shake in his hand. Long before he had finished, the place was deserted by all but those whose situation made it necessary for them to remain. 368 (#x20_x_20_i356)

Never had the Church been so dear to the nation as on the afternoon of that day. The spirit of dissent seemed to be extinct. Baxter from his pulpit pronounced an eulogium on the Bishops and parochial clergy. The Dutch minister, a few hours later, wrote to inform the States General that the Anglican priesthood had risen in the estimation of the public to an incredible degree. The universal cry of the Nonconformists, he said, was that they would rather continue to lie under the penal statutes than separate their cause from that of the prelates. 369 (#x20_x_20_i359)

Another week of anxiety and agitation passed away. Sunday came again. Again the churches of the capital were thronged by hundreds of thousands. The Declaration was read nowhere except at the very few places where it had been read the week before. The minister who had officiated at the chapel in Saint James's Palace had been turned out of his situation, and a more obsequious divine appeared with the paper in his hand: but his agitation was so great that he could not articulate. In truth the feeling of the whole nation had now become such as none but the very best and noblest, or the very worst and basest, of mankind could without much discomposure encounter. 370 (#x20_x_20_i362)

Even the King stood aghast for a moment at the violence of the tempest which he had raised. What step was he next to take? He must either advance or recede: and it was impossible to advance without peril, or to recede without humiliation. At one moment he determined to put forth a second order enjoining the clergy in high and angry terms to publish his Declaration, and menacing every one who should be refractory with instant suspension. This order was drawn up and sent to the press, then recalled, then a second time sent to the press, then recalled a second time. 371 (#x20_x_20_i365) A different plan was suggested by some of those who were for rigorous measures. The prelates who had signed the petition might be cited before the Ecclesiastical Commission and deprived of their sees. But to this course strong objections were urged in Council. It had been announced that the Houses would be convoked before the end of the year. The Lords would assuredly treat the sentence of deprivation as a nullity, would insist that Sancroft and his fellow petitioners should be summoned to Parliament, and would refuse to acknowledge a new Archbishop of Canterbury or a new Bishop of Bath and Wells. Thus the session, which at best was likely to be sufficiently stormy, would commence with a deadly quarrel between the crown and the peers. If therefore it were thought necessary to punish the Bishops, the punishment ought to be inflicted according to the known course of English law. Sunderland had from the beginning objected, as far as he dared, to the Order in Council. He now suggested a course which, though not free from inconveniences, was the most prudent and the most dignified that a series of errors had left open to the government. The King might with grace and majesty announce to the world that he was deeply hurt by the undutiful conduct of the Church of England; but that he could not forget all the services rendered by that Church, in trying times, to his father, to his brother, and to himself; that, as a friend to the liberty of conscience, he was unwilling to deal severely by men whom conscience, ill informed indeed, and unreasonably scrupulous, might have prevented from obeying his commands; and that he would therefore leave the offenders to that punishment which their own reflections would inflict whenever they should calmly compare their recent acts with the loyal doctrines of which they had so loudly boasted. Not only Powis and Bellasyse, who had always been for moderate counsels, but even Dover and Arundell, leaned towards this proposition. Jeffreys, on the other hand, maintained that the government would be disgraced if such transgressors as the seven Bishops were suffered to escape with a mere reprimand. He did not, however, wish them to be cited before the Ecclesiastical Commission, in which he sate as chief or rather as sole judge. For the load of public hatred under which he already lay was too much even for his shameless forehead and obdurate heart; and he shrank from the responsibility which he would have incurred by pronouncing an illegal sentence on the rulers of the Church and the favourites of the nation. He therefore recommended a criminal information. It was accordingly resolved that the Archbishop and the six other petititioners should be brought before the Court of King's Bench on a charge of seditious libel. That they would be convicted it was scarcely possible to doubt. The judges and their officers were tools of the court. Since the old charter of the City of London had been forfeited, scarcely one prisoner whom the government was bent on bringing to punishment had been absolved by a jury. The refractory prelates would probably be condemned to ruinous fines and to long imprisonment, and would be glad to ransom themselves by serving, both in and out of Parliament, the designs of the Sovereign. 372 (#x20_x_20_i368)