The History of England, from the Accession of James II — Volume 4

It is also to be observed that few of those who showed at this time the greatest desire to increase the political power of the people were as yet prepared to emancipate the press from the control of the government. The Licensing Act, which had passed, as a matter of course, in 1685, expired in 1693, and was renewed, not however without an opposition, which, though feeble when compared with the magnitude of the object in dispute, proved that the public mind was beginning dimly to perceive how closely civil freedom and freedom of conscience are connected with freedom of discussion.

On the history of the Licensing Act no preceding writer has thought it worth while to expend any care or labour. Yet surely the events which led to the establishment of the liberty of the press in England, and in all the countries peopled by the English race, may be thought to have as much interest for the present generation as any of those battles and sieges of which the most minute details have been carefully recorded.

During the first three years of William's reign scarcely a voice seems to have been raised against the restrictions which the law imposed on literature. Those restrictions were in perfect harmony with the theory of government held by the Tories, and were not, in practice, galling to the Whigs. Roger Lestrange, who had been licenser under the last two Kings of the House of Stuart, and who had shown as little tenderness to Exclusionists and Presbyterians in that character as in his other character of Observator, was turned out of office at the Revolution, and was succeeded by a Scotch gentleman, who, on account of his passion for rare books, and his habit of attending all sales of libraries, was known in the shops and coffeehouses near Saint Paul's by the name of Catalogue Fraser. Fraser was a zealous Whig. By Whig authors and publishers he was extolled as a most impartial and humane man. But the conduct which obtained their applause drew on him the abuse of the Tories, and was not altogether pleasing to his official superior Nottingham. 379 (#x23_x_23_i273) No serious difference however seems to have arisen till the year 1692. In that year an honest old clergyman named Walker, who had, in the time of the Commonwealth, been Gauden's curate, wrote a book which convinced all sensible and dispassionate readers that Gauden, and not Charles the First, was the author of the Icon Basilike. This book Fraser suffered to be printed. If he had authorised the publication of a work in which the Gospel of Saint John or the Epistle to the Romans had been represented as spurious, the indignation of the High Church party could hardly have been greater. The question was not literary, but religious. Doubt was impiety. In truth the Icon was to many fervent Royalists a supplementary revelation. One of them indeed had gone so far as to propose that lessons taken out of the inestimable little volume should be read in the churches. 380 (#x23_x_23_i276) Fraser found it necessary to resign his place; and Nottingham appointed a gentleman of good blood and scanty fortune named Edmund Bohun. This change of men produced an immediate and total change of system; for Bohun was as strong a Tory as a conscientious man who had taken the oaths could possibly be. He had been conspicuous as a persecutor of nonconformists and a champion of the doctrine of passive obedience. He had edited Filmer's absurd treatise on the origin of government, and had written an answer to the paper which Algernon Sidney had delivered to the Sheriffs on Tower Hill. Nor did Bohun admit that, in swearing allegiance to William and Mary, he had done any thing inconsistent with his old creed. For he had succeeded in convincing himself that they reigned by right of conquest, and that it was the duty of an Englishman to serve them as faithfully as Daniel had served Darius or as Nehemiah had served Artaxerxes. This doctrine, whatever peace it might bring to his own conscience, found little favour with any party. The Whigs loathed it as servile; the Jacobites loathed it as revolutionary. Great numbers of Tories had doubtless submitted to William on the ground that he was, rightfully or wrongfully, King in possession; but very few of them were disposed to allow that his possession had originated in conquest. Indeed the plea which had satisfied the weak and narrow mind of Bohun was a mere fiction, and, had it been a truth, would have been a truth not to be uttered by Englishmen without agonies of shame and mortification. 381 (#x23_x_23_i279) He however clung to his favourite whimsy with a tenacity which the general disapprobation only made more intense. His old friends, the stedfast adherents of indefeasible hereditary right, grew cold and reserved. He asked Sancroft's blessing, and got only a sharp word, and a black look. He asked Ken's blessing; and Ken, though not much in the habit of transgressing the rules of Christian charity and courtesy, murmured something about a little scribbler. Thus cast out by one faction, Bohun was not received by any other. He formed indeed a class apart; for he was at once a zealous Filmerite and a zealous Williamite. He held that pure monarchy, not limited by any law or contract, was the form of government which had been divinely ordained. But he held that William was now the absolute monarch, who might annul the Great Charter, abolish trial by jury, or impose taxes by royal proclamation, without forfeiting the right to be implicitly obeyed by Christian men. As to the rest, Bohun was a man of some learning, mean understanding and unpopular manners. He had no sooner entered on his functions than all Paternoster Row and Little Britain were in a ferment. The Whigs had, under Fraser's administration, enjoyed almost as entire a liberty as if there had been no censorship. But they were now as severely treated as in the days of Lestrange. A History of the Bloody Assizes was about to be published, and was expected to have as great a run as the Pilgrim's Progress. But the new licenser refused his Imprimatur. The book, he said, represented rebels and schismatics as heroes and martyrs; and he would not sanction it for its weight in gold. A charge delivered by Lord Warrington to the grand jury of Cheshire was not permitted to appear, because His Lordship had spoken contemptuously of divine right and passive obedience. Julian Johnson found that, if he wished to promulgate his notions of government, he must again have recourse, as in the evil times of King James, to a secret press. 382 (#x23_x_23_i282) Such restraint as this, coming after several years of unbounded freedom, naturally produced violent exasperation. Some Whigs began to think that the censorship itself was a grievance; all Whigs agreed in pronouncing the new censor unfit for his post, and were prepared to join in an effort to get rid of him.

Of the transactions which terminated in Bohun's dismission, and which produced the first parliamentary struggle for the liberty of unlicensed printing, we have accounts written by Bohun himself and by others; but there are strong reasons for believing that in none of those accounts is the whole truth to be found. It may perhaps not be impossible, even at this distance of time, to put together dispersed fragments of evidence in such a manner as to produce an authentic narrative which would have astonished the unfortunate licenser himself.

There was then about town a man of good family, of some reading, and of some small literary talent, named Charles Blount. 383 (#x23_x_23_i285) In politics he belonged to the extreme section of the Whig party. In the days of the Exclusion Bill he had been one of Shaftesbury's brisk boys, and had, under the signature of Junius Brutus, magnified the virtues and public services of Titus Oates, and exhorted the Protestants to take signal vengeance on the Papists for the fire of London and for the murder of Godfrey. 384 (#x23_x_23_i288) As to the theological questions which were in issue between Protestants and Papists, Blount was perfectly impartial. He was an infidel, and the head of a small school of infidels who were troubled with a morbid desire to make converts. He translated from the Latin translation part of the Life of Apollonius of Tyana, and appended to it notes of which the flippant profaneness called forth the severe censure of an unbeliever of a very different order, the illustrious Bayle. 385 (#x23_x_23_i291) Blount also attacked Christianity in several original treatises, or rather in several treatises purporting to be original; for he was the most audacious of literary thieves, and transcribed, without acknowledgment, whole pages from authors who had preceded him. His delight was to worry the priests by asking them how light existed before the sun was made, how Paradise could be bounded by Pison, Gihon, Hiddekel and Euphrates, how serpents moved before they were condemned to crawl, and where Eve found thread to stitch her figleaves. To his speculations on these subjects he gave the lofty name of the Oracles of Reason; and indeed whatever he said or wrote was considered as oracular by his disciples. Of those disciples the most noted was a bad writer named Gildon, who lived to pester another generation with doggrel and slander, and whose memory is still preserved, not by his own voluminous works, but by two or three lines in which his stupidity and venality have been contemptuously mentioned by Pope. 386 (#x23_x_23_i294)

Little as either the intellectual or the moral character of Blount may seem to deserve respect, it is in a great measure to him that we must attribute the emancipation of the English press. Between him and the licensers there was a feud of long standing. Before the Revolution one of his heterodox treatises had been grievously mutilated by Lestrange, and at last suppressed by orders from Lestrange's superior the Bishop of London. 387 (#x23_x_23_i297) Bohun was a scarcely less severe critic than Lestrange. Blount therefore began to make war on the censorship and the censor. The hostilities were commenced by a tract which came forth without any license, and which is entitled A Just Vindication of Learning and of the Liberty of the Press, by Philopatris. 388 (#x23_x_23_i300) Whoever reads this piece, and is not aware that Blount was one of the most unscrupulous plagiaries that ever lived, will be surprised to find, mingled with the poor thoughts and poor words of a thirdrate pamphleteer, passages so elevated in sentiment and style that they would be worthy of the greatest name in letters. The truth is that the just Vindication consists chiefly of garbled extracts from the Areopagitica of Milton. That noble discourse had been neglected by the generation to which it was addressed, had sunk into oblivion, and was at the mercy of every pilferer. The literary workmanship of Blount resembled the architectural workmanship of those barbarians who used the Coliseum and the Theatre of Pompey as quarries, who built hovels out of Ionian friezes and propped cowhouses on pillars of lazulite. Blount concluded, as Milton had done, by recommending that any book might be printed without a license, provided that the name of the author or publisher were registered. 389 (#x23_x_23_i303) The Just Vindication was well received. The blow was speedily followed up. There still remained in the Areopagitica many fine passages which Blount had not used in his first pamphlet. Out of these passages he constructed a second pamphlet entitled Reasons for the Liberty of Unlicensed Printing. 390 (#x23_x_23_i306) To these Reasons he appended a postscript entitled A Just and True Character of Edmund Bohun. This character was written with extreme bitterness. Passages were quoted from the licenser's writings to prove that he held the doctrines of passive obedience and nonresistance. He was accused of using his power systematically for the purpose of favouring the enemies and silencing the friends of the Sovereigns whose bread he ate; and it was asserted that he was the friend and the pupil of his predecessor Sir Roger.

Blount's Character of Bohun could not be publicly sold; but it was widely circulated. While it was passing from hand to hand, and while the Whigs were every where exclaiming against the new censor as a second Lestrange, he was requested to authorise the publication of an anonymous work entitled King William and Queen Mary Conquerors. 391 (#x23_x_23_i309) He readily and indeed eagerly complied. For in truth there was between the doctrines which he had long professed and the doctrines which were propounded in this treatise a coincidence so exact that many suspected him of being the author; nor was this suspicion weakened by a passage to which a compliment was paid to his political writings. But the real author was that very Blount who was, at that very time, labouring to inflame the public both against the Licensing Act and the licenser. Blount's motives may easily be divined. His own opinions were diametrically opposed to those which, on this occasion, he put forward in the most offensive manner. It is therefore impossible to doubt that his object was to ensnare and to ruin Bohun. It was a base and wicked scheme. But it cannot be denied that the trap was laid and baited with much skill. The republican succeeded in personating a high Tory. The atheist succeeded in personating a high Churchman. The pamphlet concluded with a devout prayer that the God of light and love would open the understanding and govern the will of Englishmen, so that they might see the things which belonged to their peace. The censor was in raptures. In every page he found his own thoughts expressed more plainly than he had ever expressed them. Never before, in his opinion, had the true claim of their Majesties to obedience been so clearly stated. Every Jacobite who read this admirable tract must inevitably be converted. The nonjurors would flock to take the oaths. The nation, so long divided, would at length be united. From these pleasing dreams Bohun was awakened by learning, a few hours after the appearance of the discourse which had charmed him, that the titlepage had set all London in a flame, and that the odious words, King William and Queen Mary Conquerors, had moved the indignation of multitudes who had never read further. Only four days after the publication he heard that the House of Commons had taken the matter up, that the book had been called by some members a rascally book, and that, as the author was unknown, the Serjeant at Arms was in search of the licenser. 392 (#x23_x_23_i312) Bohun's mind had never been strong; and he was entirely unnerved and bewildered by the fury and suddenness of the storm which had burst upon him. He went to the House. Most of the members whom he met in the passages and lobbies frowned on him. When he was put to the bar, and, after three profound obeisances, ventured to lift his head and look round him, he could read his doom in the angry and contemptuous looks which were cast on him from every side. He hesitated, blundered, contradicted himself, called the Speaker My Lord, and, by his confused way of speaking, raised a tempest of rude laughter which confused him still more. As soon as he had withdrawn, it was unanimously resolved that the obnoxious treatise should be burned in Palace Yard by the common hangman. It was also resolved, without a division, that the King should be requested to remove Bohun from the office of licenser. The poor man, ready to faint with grief and fear, was conducted by the officers of the House to a place of confinement. 393 (#x23_x_23_i315)

But scarcely was he in his prison when a large body of members clamorously demanded a more important victim. Burnet had, shortly after he became Bishop of Salisbury, addressed to the clergy of his diocese a Pastoral Letter, exhorting them to take the oaths. In one paragraph of this letter he had held language bearing some resemblance to that of the pamphlet which had just been sentenced to the flames. There were indeed distinctions which a judicious and impartial tribunal would not have failed to notice. But the tribunal before which Burnet was arraigned was neither judicious nor impartial. His faults had made him many enemies, and his virtues many more. The discontented Whigs complained that he leaned towards the Court, the High Churchmen that he leaned towards the Dissenters; nor can it be supposed that a man of so much boldness and so little tact, a man so indiscreetly frank and so restlessly active, had passed through life without crossing the schemes and wounding the feelings of some whose opinions agreed with his. He was regarded with peculiar malevolence by Howe. Howe had never, even while he was in office, been in the habit of restraining his bitter and petulant tongue; and he had recently been turned out of office in a way which had made him ungovernably ferocious. The history of his dismission is not accurately known, but it was certainly accompanied by some circumstances which had cruelly galled his temper. If rumour could be trusted, he had fancied that Mary was in love with him, and had availed himself of an opportunity which offered itself while he was in attendance on her as Vice Chamberlain to make some advances which had justly moved her indignation. Soon after he was discarded, he was prosecuted for having, in a fit of passion, beaten one of his servants savagely within the verge of the palace. He had pleaded guilty, and had been pardoned; but from this time he showed, on every occasion, the most rancorous personal hatred of his royal mistress, of her husband, and of all who were favoured by either. It was known that the Queen frequently consulted Burnet; and Howe was possessed with the belief that her severity was to be imputed to Burnet's influence. 394 (#x23_x_23_i318) Now was the time to be revenged. In a long and elaborate speech the spiteful Whig—for such he still affected to be—represented Burnet as a Tory of the worst class. "There should be a law," he said, "making it penal for the clergy to introduce politics into their discourses. Formerly they sought to enslave us by crying up the divine and indefeasible right of the hereditary prince. Now they try to arrive at the same result by telling us that we are a conquered people." It was moved that the Bishop should be impeached. To this motion there was an unanswerable objection, which the Speaker pointed out. The Pastoral Letter had been written in 1689, and was therefore covered by the Act of Grace which had been passed in 1690. Yet a member was not ashamed to say, "No matter: impeach him; and force him to plead the Act." Few, however, were disposed to take a course so unworthy of a House of Commons. Some wag cried out, "Burn it; burn it;" and this bad pun ran along the benches, and was received with shouts of laughter. It was moved that the Pastoral Letter should be burned by the common hangman. A long and vehement debate followed. For Burnet was a man warmly loved as well as warmly hated. The great majority of the Whigs stood firmly by him; and his goodnature and generosity had made him friends even among the Tories. The contest lasted two days. Montague and Finch, men of widely different opinions, appear to have been foremost among the Bishop's champions. An attempt to get rid of the subject by moving the previous question failed. At length the main question was put; and the Pastoral Letter was condemned to the flames by a small majority in a full house. The Ayes were a hundred and sixty-two; the Noes a hundred and fifty-five. 395 (#x23_x_23_i321) The general opinion, at least of the capital, seems to have been that Burnet was cruelly treated. 396 (#x23_x_23_i324)

He was not naturally a man of fine feelings; and the life which he had led had not tended to make them finer. He had been during many years a mark for theological and political animosity. Grave doctors had anathematized him; ribald poets had lampooned him; princes and ministers had laid snares for his life; he had been long a wanderer and an exile, in constant peril of being kidnapped, struck in the boots, hanged and quartered. Yet none of these things had ever seemed to move him. His selfconceit had been proof against ridicule, and his dauntless temper against danger. But on this occasion his fortitude seems to have failed him. To be stigmatized by the popular branch of the legislature as a teacher of doctrines so servile that they disgusted even Tories, to be joined in one sentence of condemnation with the editor of Filmer, was too much. How deeply Burnet was wounded appeared many years later, when, after his death, his History of his Life and Times was given to the world. In that work he is ordinarily garrulous even to minuteness about all that concerns himself, and sometimes relates with amusing ingenuousness his own mistakes and the censures which those mistakes brought upon him. But about the ignominious judgment passed by the House of Commons on his Pastoral Letter he has preserved a most significant silence. 397 (#x23_x_23_i327)

The plot which ruined Bohun, though it did no honour to those who contrived it, produced important and salutary effects. Before the conduct of the unlucky licenser had been brought under the consideration of Parliament, the Commons had resolved, without any division, and, as far as appears, without any discussion, that the Act which subjected literature to a censorship should be continued. But the question had now assumed a new aspect; and the continuation of the Act was no longer regarded as a matter of course. A feeling in favour of the liberty of the press, a feeling not yet, it is true, of wide extent or formidable intensity, began to show itself. The existing system, it was said, was prejudicial both to commerce and to learning. Could it be expected that any capitalist would advance the funds necessary for a great literary undertaking, or that any scholar would expend years of toil and research on such an undertaking, while it was possible that, at the last moment, the caprice, the malice, the folly of one man might frustrate the whole design? And was it certain that the law which so grievously restricted both the freedom of trade and the freedom of thought had really added to the security of the State? Had not recent experience proved that the licenser might himself be an enemy of their Majesties, or, worse still, an absurd and perverse friend; that he might suppress a book of which it would be for their interest that every house in the country should have a copy, and that he might readily give his sanction to a libel which tended to make them hateful to their people, and which deserved to be torn and burned by the hand of Ketch? Had the government gained much by establishing a literary police which prevented Englishmen from having the History of the Bloody Circuit, and allowed them, by way of compensation, to read tracts which represented King William and Queen Mary as conquerors?

In that age persons who were not specially interested in a public bill very seldom petitioned Parliament against it or for it. The only petitions therefore which were at this conjuncture presented to the two Houses against the censorship came from booksellers, bookbinders and printers. 398 (#x23_x_23_i330) But the opinion which these classes expressed was certainly not confined to them.

The law which was about to expire had lasted eight years. It was renewed for only two years. It appears, from an entry in the journals of the Commons which unfortunately is defective, that a division took place on an amendment about the nature of which we are left entirely in the dark. The votes were ninety-nine to eighty. In the Lords it was proposed, according to the suggestion offered fifty years before by Milton and stolen from him by Blount, to exempt from the authority of the licenser every book which bore the name of an author or publisher. This amendment was rejected; and the bill passed, but not without a protest signed by eleven peers who declared that they could not think it for the public interest to subject all learning and true information to the arbitrary will and pleasure of a mercenary and perhaps ignorant licenser. Among those who protested were Halifax, Shrewsbury and Mulgrave, three noblemen belonging to different political parties, but all distinguished by their literary attainments. It is to be lamented that the signatures of Tillotson and Burnet, who were both present on that day, should be wanting. Dorset was absent. 399 (#x23_x_23_i333)

Blount, by whose exertions and machinations the opposition to the censorship had been raised, did not live to see that opposition successful. Though not a very young man, he was possessed by an insane passion for the sister of his deceased wife. Having long laboured in vain to convince the object of his love that she might lawfully marry him, he at last, whether from weariness of life, or in the hope of touching her heart, inflicted on himself a wound of which, after languishing long, he died. He has often been mentioned as a blasphemer and selfmurderer. But the important service which, by means doubtless most immoral and dishonourable, he rendered to his country, has passed almost unnoticed. 400 (#x23_x_23_i336)

Late in this busy and eventful session the attention of the Houses was called to the state of Ireland. The government of that kingdom had, during the six months which followed the surrender of Limerick, been in an unsettled state. It was not till the Irish troops who adhered to Sarsfield had sailed for France, and till the Irish troops who had made their election to remain at home had been disbanded, that William at length put forth a proclamation solemnly announcing the termination of the civil war. From the hostility of the aboriginal inhabitants, destitute as they now were of chiefs, of arms and of organization, nothing was to be apprehended beyond occasional robberies and murders. But the war cry of the Irishry had scarcely died away when the first faint murmurs of the Englishry began to be heard. Coningsby was during some months at the head of the administration. He soon made himself in the highest degree odious to the dominant caste. He was an unprincipled man; he was insatiable of riches; and he was in a situation in which riches were easily to be obtained by an unprincipled man. Immense sums of money, immense quantities of military stores had been sent over from England. Immense confiscations were taking place in Ireland. The rapacious governor had daily opportunities of embezzling and extorting; and of those opportunities he availed himself without scruple or shame. This however was not, in the estimation of the colonists, his greatest offence. They might have pardoned his covetousness; but they could not pardon the clemency which he showed to their vanquished and enslaved enemies. His clemency indeed amounted merely to this, that he loved money more than he hated Papists, and that he was not unwilling to sell for a high price a scanty measure of justice to some of the oppressed class. Unhappily, to the ruling minority, sore from recent conflict and drunk with recent victory, the subjugated majority was as a drove of cattle, or rather as a pack of wolves. Man acknowledges in the inferior animals no rights inconsistent with his own convenience; and as man deals with the inferior animals the Cromwellian thought himself at liberty to deal with the Roman Catholic. Coningsby therefore drew on himself a greater storm of obloquy by his few good acts than by his many bad acts. The clamour against him was so violent that he was removed; and Sidney went over, with the full power and dignity of Lord Lieutenant, to hold a Parliament at Dublin. 401 (#x23_x_23_i340)

But the easy temper and graceful manners of Sidney failed to produce a conciliatory effect. He does not indeed appear to have been greedy of unlawful gain. But he did not restrain with a sufficiently firm hand the crowd of subordinate functionaries whom Coningsby's example and protection had encouraged to plunder the public and to sell their good offices to suitors. Nor was the new Viceroy of a temper to bear hard on the feeble remains of the native aristocracy. He therefore speedily became an object of suspicion and aversion to the Anglosaxon settlers. His first act was to send out the writs for a general election. The Roman Catholics had been excluded from every municipal corporation; but no law had yet deprived them of the county franchise. It is probable however that not a single Roman Catholic freeholder ventured to approach the hustings. The members chosen were, with few exceptions, men animated by the spirit of Enniskillen and Londonderry, a spirit eminently heroic in times of distress and peril, but too often cruel and imperious in the season of prosperity and power. They detested the civil treaty of Limerick, and were indignant when they learned that the Lord Lieutenant fully expected from them a parliamentary ratification of that odious contract, a contract which gave a licence to the idolatry of the mass, and which prevented good Protestants from ruining their Popish neighbours by bringing civil actions for injuries done during the war. 402 (#x24_x_24_i31)

On the fifth of October 1692 the Parliament met at Dublin in Chichester House. It was very differently composed from the assembly which had borne the same title in 1689. Scarcely one peer, not one member of the House of Commons, who had sate at the King's Inns, was to be seen. To the crowd of O's and Macs, descendants of the old princes of the island, had succeeded men whose names indicated a Saxon origin. A single O, an apostate from the faith of his fathers, and three Macs, evidently emigrants from Scotland, and probably Presbyterians, had seats in the assembly.

The Parliament, thus composed, had then less than the powers of the Assembly of Jamaica or of the Assembly of Virginia. Not merely was the Legislature which sate at Dublin subject to the absolute control of the Legislature which sate at Westminster: but a law passed in the fifteenth century, during the administration of the Lord Deputy Poynings, and called by his name, had provided that no bill which had not been considered and approved by the Privy Council of England should be brought into either House in Ireland, and that every bill so considered and approved should be either passed without amendment or rejected. 403 (#x24_x_24_i34)

The session opened with a solemn recognition of the paramount authority of the mother country. The Commons ordered their clerk to read to them the English Act which required them to take the Oath of Supremacy and to subscribe the Declaration against Transubstantiation. Having heard the Act read, they immediately proceeded to obey it. Addresses were then voted which expressed the warmest gratitude and attachment to the King. Two members, who had been untrue to the Protestant and English interest during the troubles, were expelled. Supplies, liberal when compared with the resources of a country devastated by years of predatory war, were voted with eagerness. But the bill for confirming the Act of Settlement was thought to be too favourable to the native gentry, and, as it could not be amended, was with little ceremony rejected. A committee of the whole House resolved that the unjustifiable indulgence with which the Irish had been treated since the battle of the Boyne was one of the chief causes of the misery of the kingdom. A Committee of Grievances sate daily till eleven in the evening; and the proceedings of this inquest greatly alarmed the Castle. Many instances of gross venality and knavery on the part of men high in office were brought to light, and many instances also of what was then thought a criminal lenity towards the subject nation. This Papist had been allowed to enlist in the army; that Papist had been allowed to keep a gun; a third had too good a horse; a fourth had been protected against Protestants who wished to bring actions against him for wrongs committed during the years of confusion. The Lord Lieutenant, having obtained nearly as much money as he could expect, determined to put an end to these unpleasant inquiries. He knew, however, that if he quarrelled with the Parliament for treating either peculators or Papists with severity, he should have little support in England. He therefore looked out for a pretext, and was fortunate enough to find one. The Commons had passed a vote which might with some plausibility be represented as inconsistent with the Poynings statute. Any thing which looked like a violation of that great fundamental law was likely to excite strong disapprobation on the other side of Saint George's Channel. The Viceroy saw his advantage, and availed himself of it. He went to the chamber of the Lords at Chichester House, sent for the Commons, reprimanded them in strong language, charged them with undutifully and ungratefully encroaching on the rights of the mother country, and put an end to the session. 404 (#x24_x_24_i37)

Those whom he had lectured withdrew full of resentment. The imputation which he had thrown on them was unjust. They had a strong feeling of love and reverence for the land from which they sprang, and looked with confidence for redress to the supreme Parliament. Several of them went to London for the purpose of vindicating themselves and of accusing the Lord Lieutenant. They were favoured with a long and attentive audience, both by the Lords and by the Commons, and were requested to put the substance of what had been said into writing. The humble language of the petitioners, and their protestations that they had never intended to violate the Poynings statute, or to dispute the paramount authority of England, effaced the impression which Sidney's accusations had made. Both Houses addressed the King on the state of Ireland. They censured no delinquent by name; but they expressed an opinion that there had been gross maladministration, that the public had been plundered, and that Roman Catholics had been treated with unjustifiable tenderness. William in reply promised that what was amiss should be corrected. His friend Sidney was soon recalled, and consoled for the loss of the viceregal dignity with the lucrative place of Master of the Ordnance. The government of Ireland was for a time entrusted to Lords justices, among whom Sir Henry Capel, a zealous Whig, very little disposed to show indulgence to Papists, had the foremost place.

The prorogation drew nigh; and still the fate of the Triennial Bill was uncertain. Some of the ablest ministers thought the bill a good one; and, even had they thought it a bad one, they would probably have tried to dissuade their master from rejecting it. It was impossible, however, to remove from his mind the impression that a concession on this point would seriously impair his authority. Not relying on the judgment of his ordinary advisers, he sent Portland to ask the opinion of Sir William Temple. Temple had made a retreat for himself at a place called Moor Park, in the neighbourhood of Farnham. The country round his dwelling was almost a wilderness. His amusement during some years had been to create in the waste what those Dutch burgomasters among whom he had passed some of the best years of his life, would have considered as a paradise. His hermitage had been occasionally honoured by the presence of the King, who had from a boy known and esteemed the author of the Triple Alliance, and who was well pleased to find, among the heath and furze of the wilds of Surrey, a spot which seemed to be part of Holland, a straight canal, a terrace, rows of clipped trees, and rectangular beds of flowers and potherbs.

Portland now repaired to this secluded abode and consulted the oracle. Temple was decidedly of opinion that the bill ought to pass. He was apprehensive that the reasons which led him to form this opinion might not be fully and correctly reported to the King by Portland, who was indeed as brave a soldier and as trusty a friend as ever lived, whose natural abilities were not inconsiderable, and who, in some departments of business, had great experience, but who was very imperfectly acquainted with the history and constitution of England. As the state of Sir William's health made it impossible for him to go himself to Kensington, he determined to send his secretary thither. The secretary was a poor scholar of four or five and twenty, under whose plain garb and ungainly deportment were concealed some of the choicest gifts that have ever been bestowed on any of the children of men; rare powers of observation, brilliant wit, grotesque invention, humour of the most austere flavour, yet exquisitely delicious, eloquence singularly pure, manly and perspicuous. This young man was named Jonathan Swift. He was born in Ireland, but would have thought himself insulted if he had been called an Irishman. He was of unmixed English blood, and, through life, regarded the aboriginal population of the island in which he first drew breath as an alien and a servile caste. He had in the late reign kept terms at the University of Dublin, but had been distinguished there only by his irregularities, and had with difficulty obtained his degree. At the time of the Revolution, he had, with many thousands of his fellow colonists, taken refuge in the mother country from the violence of Tyrconnel, and had thought himself fortunate in being able to obtain shelter at Moor Park. 405 (#x24_x_24_i40) For that shelter, however, he had to pay a heavy price. He was thought to be sufficiently remunerated for his services with twenty pounds a year and his board. He dined at the second table. Sometimes, indeed, when better company was not to be had, he was honoured by being invited to play at cards with his patron; and on such occasions Sir William was so generous as to give his antagonist a little silver to begin with. 406 (#x24_x_24_i43) The humble student would not have dared to raise his eyes to a lady of family; but, when he had become a clergyman, he began, after the fashion of the clergymen of that generation, to make love to a pretty waitingmaid who was the chief ornament of the servants' hall, and whose name is inseparably associated with his in a sad and mysterious history.

Swift many years later confessed some part of what he felt when he found himself on his way to Court. His spirit had been bowed down, and might seem to have been broken, by calamities and humiliations. The language which he was in the habit of holding to his patron, as far as we can judge from the specimens which still remain, was that of a lacquey, or rather of a beggar. 407 (#x24_x_24_i46) A sharp word or a cold look of the master sufficed to make the servant miserable during several days. 408 (#x24_x_24_i49) But this tameness was merely the tameness with which a tiger, caught, caged and starved, submits to the keeper who brings him food. The humble menial was at heart the haughtiest, the most aspiring, the most vindictive, the most despotic of men. And now at length a great, a boundless prospect was opening before him. To William he was already slightly known. At Moor Park the King had sometimes, when his host was confined by gout to an easy chair, been attended by the secretary about the grounds. His Majesty had condescended to teach his companion the Dutch way of cutting and eating asparagus, and had graciously asked whether Mr. Swift would like to have a captain's commission in a cavalry regiment. But now for the first time the young man was to stand in the royal presence as a counsellor. He was admitted into the closet, delivered a letter from Temple, and explained and enforced the arguments which that letter contained, concisely, but doubtless with clearness and ability. There was, he said, no reason to think that short Parliaments would be more disposed than long Parliaments to encroach on the just prerogatives of the Crown. In fact the Parliament which had, in the preceding generation, waged war against a king, led him captive, sent him to the prison, to the bar, to the scaffold, was known in our annals as emphatically the Long Parliament. Never would such disasters have befallen the monarchy but for the fatal law which secured that assembly from dissolution. 409 (#x24_x_24_i52) There was, it must be owned, a flaw in this reasoning which a man less shrewd than William might easily detect. That one restriction of the royal prerogative had been mischievous did not prove that another restriction would be salutary. It by no means followed because one sovereign had been ruined by being unable to get rid of a hostile Parliament that another sovereign might not be ruined by being forced to part with a friendly Parliament. To the great mortification of the ambassador, his arguments failed to shake the King's resolution. On the fourteenth of March the Commons were summoned to the Upper House; the title of the Triennial Bill was read; and it was announced, after the ancient form, that the King and Queen would take the matter into their consideration. The Parliament was then prorogued.

Soon after the prorogation William set out for the Continent. It was necessary that, before his departure, he should make some important changes. He was resolved not to discard Nottingham, on whose integrity, a virtue rare among English statesmen, he placed a well founded reliance. Yet, if Nottingham remained Secretary of State, it was impossible to employ Russell at sea. Russell, though much mortified, was induced to accept a lucrative post in the household; and two naval officers of great note in their profession, Killegrew and Delaval, were placed at the Board of Admiralty and entrusted with the command of the Channel Fleet. 410 (#x24_x_24_i55) These arrangements caused much murmuring among the Whigs; for Killegrew and Delaval were certainly Tories, and were by many suspected of being Jacobites. But other promotions which took place at the same time proved that the King wished to bear himself evenly between the hostile factions. Nottingham had, during a year, been the sole Secretary of State. He was now joined with a colleague in whose society he must have felt himself very ill at ease, John Trenchard. Trenchard belonged to the extreme section of the Whig party. He was a Taunton man, animated by that spirit which had, during two generations, peculiarly distinguished Taunton. He had, in the days of Popeburnings and of Protestant flails, been one of the renowned Green Riband Club; he had been an active member of several stormy Parliaments; he had brought in the first Exclusion Bill; he had been deeply concerned in the plots formed by the chiefs of the opposition; he had fled to the Continent; he had been long an exile; and he had been excepted by name from the general pardon of 1686. Though his life had been passed in turmoil, his temper was naturally calm; but he was closely connected with a set of men whose passions were far fiercer than his own. He had married the sister of Hugh Speke, one of the falsest and most malignant of the libellers who brought disgrace on the cause of constitutional freedom. Aaron Smith, the solicitor of the Treasury, a man in whom the fanatic and the pettifogger were strangely united, possessed too much influence over the new Secretary, with whom he had, ten years before, discussed plans of rebellion at the Rose. Why Trenchard was selected in preference to many men of higher rank and greater ability for a post of the first dignity and importance, it is difficult to say. It seems however that, though he bore the title and drew the salary of Secretary of State, he was not trusted with any of the graver secrets of State, and that he was little more than a superintendent of police, charged to look after the printers of unlicensed books, the pastors of nonjuring congregations, and the haunters of treason taverns. 411 (#x24_x_24_i58)

Another Whig of far higher character was called at the same time to a far higher place in the administration. The Great Seal had now been four years in commission. Since Maynard's retirement, the constitution of the Court of Chancery had commanded little respect. Trevor, who was the First Commissioner, wanted neither parts nor learning; but his integrity was with good reason suspected; and the duties which, as Speaker of the House of Commons, he had to perform during four or five months in the busiest part of every year, made it impossible for him to be an efficient judge in equity. Every suitor complained that he had to wait a most unreasonable time for a judgment, and that, when at length a judgment had been pronounced, it was very likely to be reversed on appeal. Meanwhile there was no efficient minister of justice, no great functionary to whom it especially belonged to advise the King touching the appointment of judges, of Counsel for the Crown, of Justices of the Peace. 412 (#x24_x_24_i61) It was known that William was sensible of the inconvenience of this state of things; and, during several months, there had been flying rumours that a Lord Keeper or a Lord Chancellor would soon be appointed. 413 (#x24_x_24_i64) The name most frequently mentioned was that of Nottingham. But the same reasons which had prevented him from accepting the Great Seal in 1689 had, since that year, rather gained than lost strength. William at length fixed his choice on Somers.

Somers was only in his forty-second year; and five years had not elapsed since, on the great day of the trial of the Bishops, his powers had first been made known to the world. From that time his fame had been steadily and rapidly rising. Neither in forensic nor in parliamentary eloquence had he any superior. The consistency of his public conduct had gained for him the entire confidence of the Whigs; and the urbanity of his manners had conciliated the Tories. It was not without great reluctance that he consented to quit an assembly over which he exercised an immense influence for an assembly where it would be necessary for him to sit in silence. He had been but a short time in great practice. His savings were small. Not having the means of supporting a hereditary title, he must, if he accepted the high dignity which was offered to him, preside during some years in the Upper House without taking part in the debates. The opinion of others, however, was that he would be more useful as head of the law than as head of the Whig party in the Commons. He was sent for to Kensington, and called into the Council Chamber. Caermarthen spoke in the name of the King. "Sir John," he said, "it is necessary for the public service that you should take this charge upon you; and I have it in command from His Majesty to say that he can admit of no excuse." Somers submitted. The seal was delivered to him, with a patent which entitled him to a pension of two thousand a year from the day on which he should quit his office; and he was immediately sworn in a Privy Councillor and Lord Keeper. 414 (#x24_x_24_i67)

The Gazette which announced these changes in the administration, announced also the King's departure. He set out for Holland on the twenty-fourth of March.

He left orders that the Estates of Scotland should, after a recess of more than two years and a half, be again called together. Hamilton, who had lived many months in retirement, had, since the fall of Melville, been reconciled to the Court, and now consented to quit his retreat, and to occupy Holyrood House as Lord High Commissioner. It was necessary that one of the Secretaries of State for Scotland should be in attendance on the King. The Master of Stair had therefore gone to the Continent. His colleague, Johnstone, was chief manager for the Crown at Edinburgh, and was charged to correspond regularly with Carstairs, who never quitted William. 415 (#x24_x_24_i70)

It might naturally have been expected that the session would be turbulent. The Parliament was that very Parliament which had in 1689 passed, by overwhelming majorities, all the most violent resolutions which Montgomery and his club could frame, which had refused supplies, which had proscribed the ministers of the Crown, which had closed the Courts of justice, which had seemed bent on turning Scotland into an oligarchical republic. In 1690 the Estates had been in a better temper. Yet, even in 1690, they had, when the ecclesiastical polity of the realm was under consideration, paid little deference to what was well known to be the royal wish. They had abolished patronage; they had sanctioned the rabbling of the episcopal clergy; they had refused to pass a Toleration Act. It seemed likely that they would still be found unmanageable when questions touching religion came before them; and such questions it was unfortunately necessary to bring forward. William had, during the recess, attempted to persuade the General Assembly of the Church to receive into communion such of the old curates as should subscribe the Confession of Faith and should submit to the government of Synods. But the attempt had failed; and the Assembly had consequently been dissolved by the Lord Commissioner. Unhappily, the Act which established the Presbyterian polity had not defined the extent of the power which was to be exercised by the Sovereign over the Spiritual Courts. No sooner therefore had the dissolution been announced than the Moderator requested permission to speak. He was told that he was now merely a private person. As a private person he requested a hearing, and protested, in the name of his brethren, against the royal mandate. The right, he said, of the office bearers of the Church to meet and deliberate touching her interests was derived from her Divine Head, and was not dependent on the pleasure of the temporal magistrate. His brethren stood up, and by an approving murmur signified their concurrence in what their President had said. Before they retired they fixed a day for their next meeting. 416 (#x24_x_24_i73) It was indeed a very distant day; and when it came neither minister nor elder attended; for even the boldest members shrank from a complete rupture with the civil power. But, though there was not open war between the Church and the Government, they were estranged from each other, jealous of each other, and afraid of each other. No progress had been made towards a reconciliation when the Estates met; and which side the Estates would take might well be doubted.

But the proceedings of this strange Parliament, in almost every one of its sessions, falsified all the predictions of politicians. It had once been the most unmanageable of senates. It was now the most obsequious. Yet the old men had again met in the old hall. There were all the most noisy agitators of the club, with the exception of Montgomery, who was dying of want and of a broken heart in a garret far from his native land. There was the canting Ross and the perfidious Annandale. There was Sir Patrick Hume, lately created a peer, and henceforth to be called Lord Polwarth, but still as eloquent as when his interminable declamations and dissertations ruined the expedition of Argyle. But the whole spirit of the assembly had undergone a change. The members listened with profound respect to the royal letter, and returned an answer in reverential and affectionate language. An extraordinary aid of a hundred and fourteen thousand pounds sterling was granted to the Crown. Severe laws were enacted against the Jacobites. The legislation on ecclesiastical matters was as Erastian as William himself could have desired. An Act was passed requiring all ministers of the Established Church to swear fealty to their Majesties, and directing the General Assembly to receive into communion those Episcopalian ministers, not yet deprived, who should declare that they conformed to the Presbyterian doctrine and discipline. 417 (#x24_x_24_i76) Nay, the Estates carried adulation so far as to make it their humble request to the King that he would be pleased to confer a Scotch peerage on his favourite Portland. This was indeed their chief petition. They did not ask for redress of a single grievance. They contented themselves with hinting in general terms that there were abuses which required correction, and with referring the King for fuller information to his own Ministers, the Lord High Commissioner and the Secretary of State. 418 (#x24_x_24_i79)

There was one subject on which it may seem strange that even the most servile of Scottish Parliaments should have kept silence. More than a year had elapsed since the massacre of Glencoe; and it might have been expected that the whole assembly, peers, commissioners of shires, commissioners of burghs, would with one voice have demanded a strict investigation into that great crime. It is certain, however, that no motion for investigation was made. The state of the Gaelic clans was indeed taken into consideration. A law was passed for the more effectual suppressing of depredations and outrages beyond the Highland line; and in that law was inserted a special proviso reserving to Mac Callum More his hereditary jurisdiction. But it does not appear, either from the public records of the proceedings of the Estates, or from those private letters in which Johnstone regularly gave Carstairs an account of what had passed, that any speaker made any allusion to the fate of Mac Ian and his kinsmen. 419 (#x24_x_24_i82) The only explanation of this extraordinary silence seems to be that the public men who were assembled in the capital of Scotland knew little and cared little about the fate of a thieving tribe of Celts. The injured clan, bowed down by fear of the allpowerful Campbells, and little accustomed to resort to the constituted authorities of the kingdom for protection or redress, presented no petition to the Estates. The story of the butchery had been told at coffeehouses, but had been told in different ways. Very recently, one or two books, in which the facts were but too truly related, had come forth from the secret presses of London. But those books were not publicly exposed to sale. They bore the name of no responsible author. The Jacobite writers were, as a class, savagely malignant and utterly regardless of truth. Since the Macdonalds did not complain, a prudent man might naturally be unwilling to incur the displeasure of the King, of the ministers, and of the most powerful family in Scotland, by bringing forward an accusation grounded on nothing but reports wandering from mouth to mouth, or pamphlets which no licenser had approved, to which no author had put his name, and which no bookseller ventured to place in his shop-window. But whether this be or be not the true solution, it is certain that the Estates separated quietly after a session of two months, during which, as far as can now be discovered, the name of Glencoe was not once uttered in the Parliament House.

CHAPTER XX

State of the Court of Saint Germains—Feeling of the Jacobites; Compounders and Noncompounders—Change of Ministry at Saint Germains; Middleton—New Declaration put forth by James—Effect of the new Declaration—French Preparations for the Campaign; Institution of the Order of Saint Lewis—Middleton's Account of Versailles—William's Preparations for the Campaign—Lewis takes the Field—Lewis returns to Versailles—Manoeuvres of Luxemburg—Battle of Landen—Miscarriage of the Smyrna Fleet—Excitement in London—Jacobite Libels; William Anderton—Writings and Artifices of the Jacobites—Conduct of Caermarthen—Now Charter granted to the East India Company—Return of William to England; Military Successes of France—Distress of France—A Ministry necessary to Parliamentary Government—The First Ministry gradually formed—Sunderland—Sunderland advises the King to give the Preference to the Whigs—Reasons for preferring the Whigs—Chiefs of the Whig Party; Russell—Somers—Montague—Wharton—Chiefs of the Tory Party; Harley—Foley—Howe—Meeting of Parliament—Debates about the Naval Miscarriages—Russell First Lord of the Admiralty; Retirement of Nottingham—Shrewsbury refuses Office—Debates about the Trade with India—Bill for the Regulation of Trials in Cases of Treason—Triennial Bill—Place Bill—Bill for the Naturalisation of Foreign Protestants—Supply—Ways and Means; Lottery Loan—The Bank of England—Prorogation of Parliament; Ministerial Arrangements; Shrewsbury Secretary of State—New Titles bestowed—French Plan of War; English Plan of War—Expedition against Brest—Naval Operations in the Mediterranean—War by Land—Complaints of Trenchard's Administration—The Lancashire Prosecutions—Meeting of the Parliament; Death of Tillotson—Tenison Archbishop of Canterbury; Debates on the Lancashire Prosecutions—Place Bill—Bill for the Regulation of Trials in Cases of Treason; the Triennial Bill passed—Death of Mary—Funeral of Mary—Greenwich Hospital founded

IT is now time to relate the events which, since the battle of La Hogue, had taken place at Saint Germains.

James, after seeing the fleet which was to have convoyed him back to his kingdom burned down to the water edge, had returned in no good humour to his abode near Paris. Misfortune generally made him devout after his own fashion; and he now starved himself and flogged himself till his spiritual guides were forced to interfere. 420 (#x24_x_24_i86)

It is difficult to conceive a duller place than Saint Germains was when he held his Court there; and yet there was scarcely in all Europe a residence more enviably situated than that which the generous Lewis had assigned to his suppliants. The woods were magnificent, the air clear and salubrious, the prospects extensive and cheerful. No charm of rural life was wanting; and the towers of the most superb city of the Continent were visible in the distance. The royal apartments were richly adorned with tapestry and marquetry, vases of silver and mirrors in gilded frames. A pension of more than forty thousand pounds sterling was annually paid to James from the French Treasury. He had a guard of honour composed of some of the finest soldiers in Europe. If he wished to amuse himself with field sports, he had at his command an establishment far more sumptuous than that which had belonged to him when he was at the head of a great kingdom, an army of huntsmen and fowlers, a vast arsenal of guns, spears, buglehorns and tents, miles of network, staghounds, foxhounds, harriers, packs for the boar and packs for the wolf, gerfalcons for the heron and haggards for the wild duck. His presence chamber and his antechamber were in outward show as splendid as when he was at Whitehall. He was still surrounded by blue ribands and white staves. But over the mansion and the domain brooded a constant gloom, the effect, partly of bitter regrets and of deferred hopes, but chiefly of the abject superstition which had taken complete possession of his own mind, and which was affected by almost all those who aspired to his favour. His palace wore the aspect of a monastery. There were three places of worship within the spacious pile. Thirty or forty ecclesiastics were lodged in the building; and their apartments were eyed with envy by noblemen and gentlemen who had followed the fortunes of their Sovereign, and who thought it hard that, when there was so much room under his roof, they should be forced to sleep in the garrets of the neighbouring town. Among the murmurers was the brilliant Anthony Hamilton. He has left us a sketch of the life of Saint Germains, a slight sketch indeed, but not unworthy of the artist to whom we owe the most highly finished and vividly coloured picture of the English Court in the days when the English Court was gayest. He complains that existence was one round of religious exercises; that, in order to live in peace, it was necessary to pass half the day in devotion or in the outward show of devotion; that, if he tried to dissipate his melancholy by breathing the fresh air of that noble terrace which looks down on the valley of the Seine, he was driven away by the clamour of a Jesuit who had got hold of some unfortunate Protestant royalists from England, and was proving to them that no heretic could go to heaven. In general, Hamilton said, men suffering under a common calamity have a strong fellow feeling and are disposed to render good offices to each other. But it was not so at Saint Germains. There all was discord, jealousy, bitterness of spirit. Malignity was concealed under the show of friendship and of piety. All the saints of the royal household were praying for each other and backbiting each other from morning, to night. Here and there in the throng of hypocrites might be remarked a man too highspirited to dissemble. But such a man, however advantageously he might have made himself known elsewhere, was certain to be treated with disdain by the inmates of that sullen abode. 421 (#x24_x_24_i89)

Such was the Court of James, as described by a Roman Catholic. Yet, however disagreeable that Court may have been to a Roman Catholic, it was infinitely more disagreeable to a Protestant. For the Protestant had to endure, in addition to all the dulness of which the Roman Catholic complained, a crowd of vexations from which the Roman Catholic was free. In every competition between a Protestant and a Roman Catholic the Roman Catholic was preferred. In every quarrel between a Protestant and a Roman Catholic the Roman Catholic was supposed to be in the right. While the ambitious Protestant looked in vain for promotion, while the dissipated Protestant looked in vain for amusement, the serious Protestant looked in vain for spiritual instruction and consolation. James might, no doubt, easily have obtained permission for those members of the Church of England who had sacrificed every thing in his cause to meet privately in some modest oratory, and to receive the eucharistic bread and wine from the hands of one of their own clergy; but he did not wish his residence to be defiled by such impious rites. Doctor Dennis Granville, who had quitted the richest deanery, the richest archdeaconry and one of the richest livings in England, rather than take the oaths, gave mortal offence by asking leave to read prayers to the exiles of his own communion. His request was refused; and he was so grossly insulted by his master's chaplains and their retainers that he was forced to quit Saint Germains. Lest some other Anglican doctor should be equally importunate, James wrote to inform his agents in England that he wished no Protestant divine to come out to him. 422 (#x24_x_24_i92) Indeed the nonjuring clergy were at least as much sneered at and as much railed at in his palace as in his nephew's. If any man had a claim to be mentioned with respect at Saint Germains, it was surely Sancroft. Yet it was reported that the bigots who were assembled there never spoke of him but with aversion and disgust. The sacrifice of the first place in the Church, of the first place in the peerage, of the mansion at Lambeth and the mansion at Croydon, of immense patronage and of a revenue of more than five thousand a year was thought but a poor atonement for the great crime of having modestly remonstrated against the unconstitutional Declaration of Indulgence. Sancroft was pronounced to be just such a traitor and just such a penitent as Judas Iscariot. The old hypocrite had, it was said, while affecting reverence and love for his master, given the fatal signal to his master's enemies. When the mischief had been done and could not be repaired, the conscience of the sinner had begun to torture him. He had, like his prototype, blamed himself and bemoaned himself. He had, like his prototype, flung down his wealth at the feet of those whose instrument he had been. The best thing that he could now do was to make the parallel complete by hanging himself. 423 (#x24_x_24_i95)

James seems to have thought that the strongest proof of kindness which he could give to heretics who had resigned wealth, country, family, for his sake, was to suffer them to be beset, on their dying beds, by his priests. If some sick man, helpless in body and in mind, and deafened by the din of bad logic and bad rhetoric, suffered a wafer to be thrust into his mouth, a great work of grace was triumphantly announced to the Court; and the neophyte was buried with all the pomp of religion. But if a royalist, of the highest rank and most stainless character, died professing firm attachment to the Church of England, a hole was dug in the fields; and, at dead of night, he was flung into it and covered up like a mass of carrion. Such were the obsequies of the Earl of Dunfermline, who had served the House of Stuart with the hazard of his life and to the utter ruin of his fortunes, who had fought at Killiecrankie, and who had, after the victory, lifted from the earth the still breathing remains of Dundee. While living he had been treated with contumely. The Scottish officers who had long served under him had in vain entreated that, when they were formed into a company, he might still be their commander. His religion had been thought a fatal disqualification. A worthless adventurer, whose only recommendation was that he was a Papist, was preferred. Dunfermline continued, during a short time, to make his appearance in the circle which surrounded the Prince whom he had served too well; but it was to no purpose. The bigots who ruled the Court refused to the ruined and expatriated Protestant Lord the means of subsistence; he died of a broken heart; and they refused him even a grave. 424 (#x24_x_24_i98)

The insults daily offered at Saint Germains to the Protestant religion produced a great effect in England. The Whigs triumphantly asked whether it were not clear that the old tyrant was utterly incorrigible; and many even of the nonjurors observed his proceedings with shame, disgust and alarm. 425 (#x24_x_24_i101) The Jacobite party had, from the first, been divided into two sections, which, three or four years after the Revolution, began to be known as the Compounders and the Noncompounders. The Compounders were those who wished for a restoration, but for a restoration accompanied by a general amnesty, and by guarantees for the security of the civil and ecclesiastical constitution of the realm. The Noncompounders thought it downright Whiggery, downright rebellion; to take advantage of His Majesty's unfortunate situation for the purpose of imposing on him any condition. The plain duty of his subjects was to bring him back. What traitors he would punish and what traitors he would spare, what laws he would observe and with what laws he would dispense, were questions to be decided by himself alone. If he decided them wrongly, he must answer for his fault to heaven and not to his people.

The great body of the English Jacobites were more or less Compounders. The pure Noncompounders were chiefly to be found among the Roman Catholics, who, very naturally, were not solicitous to obtain any security for a religion which they thought heretical, or for a polity from the benefits of which they were excluded. There were also some Protestant nonjurors, such as Kettlewell and Hickes, who resolutely followed the theory of Filmer to all the extreme consequences to which it led. But, though Kettlewell tried to convince his countrymen that monarchical government had been ordained by God, not as a means of making them happy here, but as a cross which it was their duty to take up and bear in the hope of being recompensed for their sufferings hereafter, and though Hickes assured them that there was not a single Compounder in the whole Theban legion, very few churchmen were inclined to run the risk of the gallows merely for the purpose of reestablishing the High Commission and the Dispensing Power.

The Compounders formed the main strength of the Jacobite party in England; but the Noncompounders had hitherto had undivided sway at Saint Germains. No Protestant, no moderate Roman Catholic, no man who dared to hint that any law could bind the royal prerogative, could hope for the smallest mark of favour from the banished King. The priests and the apostate Melfort, the avowed enemy of the Protestant religion and of civil liberty, of Parliaments, of trial by jury and of the Habeas Corpus Act, were in exclusive possession of the royal ear. Herbert was called Chancellor, walked before the other officers of state, wore a black robe embroidered with gold, and carried a seal; but he was a member of the Church of England; and therefore he was not suffered to sit at the Council Board. 426 (#x24_x_24_i104)

The truth is that the faults of James's head and heart were incurable. In his view there could be between him and his subjects no reciprocity of obligation. Their duty was to risk property, liberty, life, in order to replace him on the throne, and then to bear patiently whatever he chose to inflict upon them. They could no more pretend to merit before him than before God. When they had done all, they were still unprofitable servants. The highest praise due to the royalist who shed his blood on the field of battle or on the scaffold for hereditary monarchy was simply that he was not a traitor. After all the severe discipline which the deposed King had undergone, he was still as much bent on plundering and abasing the Church of England as on the day when he told the kneeling fellows of Magdalene to get out of his sight, or on the day when he sent the Bishops to the Tower. He was in the habit of declaring that he would rather die without seeing England again than stoop to capitulate with those whom he ought to command. 427 (#x24_x_24_i107) In the Declaration of April 1692 the whole man appears without disguise, full of his own imaginary rights, unable to understand how any body but himself can have any rights, dull, obstinate and cruel. Another paper which he drew up about the same time shows, if possible, still more clearly, how little he had profited by a sharp experience. In that paper he set forth the plan according to which he intended to govern when he should be restored. He laid it down as a rule that one Commissioner of the Treasury, one of the two Secretaries of State, the Secretary at War, the majority of the Great Officers of the Household, the majority of the Lords of the Bedchamber, the majority of the officers of the army, should always be Roman Catholics. 428 (#x24_x_24_i110)

It was to no purpose that the most eminent Compounders sent from London letter after letter filled with judicious counsel and earnest supplication. It was to no purpose that they demonstrated in the plainest manner the impossibility of establishing Popish ascendancy in a country where at least forty-nine fiftieths of the population and much more than forty-nine fiftieths of the wealth and the intelligence were Protestant. It was to no purpose that they informed their master that the Declaration of April 1692 had been read with exultation by his enemies and with deep affliction by his friends, that it had been printed and circulated by the usurpers, that it had done more than all the libels of the Whigs to inflame the nation against him, and that it had furnished those naval officers who had promised him support with a plausible pretext for breaking faith with him, and for destroying the fleet which was to have convoyed him back to his kingdom. He continued to be deaf to the remonstrances of his best friends in England till those remonstrances began to be echoed at Versailles. All the information which Lewis and his ministers were able to obtain touching the state of our island satisfied them that James would never be restored unless he could bring himself to make large concessions to his subjects. It was therefore intimated to him, kindly and courteously, but seriously, that he would do well to change his counsels and his counsellors. France could not continue the war for the purpose of forcing a Sovereign on an unwilling nation. She was crushed by public burdens. Her trade and industry languished. Her harvest and her vintage had failed. The peasantry were starving. The faint murmurs of the provincial Estates began to be heard. There was a limit to the amount of the sacrifices which the most absolute prince could demand from those whom he ruled. However desirous the Most Christian King might be to uphold the cause of hereditary monarchy and of pure religion all over the world, his first duty was to his own kingdom; and, unless a counterrevolution speedily took place in England, his duty to his own kingdom might impose on him the painful necessity of treating with the Prince of Orange. It would therefore be wise in James to do without delay whatever he could honourably and conscientiously do to win back the hearts of his people.

Thus pressed, James unwillingly yielded. He consented to give a share in the management of his affairs to one of the most distinguished of the Compounders, Charles Earl of Middleton.

Middleton's family and his peerage were Scotch. But he was closely connected with some of the noblest houses of England; he had resided long in England; he had been appointed by Charles the Second one of the English Secretaries of State, and had been entrusted by James with the lead of the English House of Commons. His abilities and acquirements were considerable; his temper was easy and generous; his manners were popular; and his conduct had generally been consistent and honourable. He had, when Popery was in the ascendant, resolutely refused to purchase the royal favour by apostasy. Roman Catholic ecclesiastics had been sent to convert him; and the town had been much amused by the dexterity with which the layman baffled the divines. A priest undertook to demonstrate the doctrine of transubstantiation, and made the approaches in the usual form. "Your Lordship believes in the Trinity." "Who told you so?" said Middleton. "Not believe in the Trinity!" cried the priest in amazement. "Nay," said Middleton; "prove your religion to be true if you can; but do not catechize me about mine." As it was plain that the Secretary was not a disputant whom it was easy to take at an advantage, the controversy ended almost as soon as it began. 429 (#x24_x_24_i113) When fortune changed, Middleton adhered to the cause of hereditary monarchy with a stedfastness which was the more respectable because he would have had no difficulty in making his peace with the new government. His sentiments were so well known that, when the kingdom was agitated by apprehensions of an invasion and an insurrection, he was arrested and sent to the Tower; but no evidence on which he could be convicted of treason was discovered; and, when the dangerous crisis was past, he was set at liberty. It should seem indeed that, during the three years which followed the Revolution, he was by no means an active plotter. He saw that a Restoration could be effected only with the general assent of the nation, and that the nation would never assent to a Restoration without securities against Popery and arbitrary power. He therefore conceived that, while his banished master obstinately refused to give such securities, it would be worse than idle to conspire against the existing government.

Such was the man whom James, in consequence of strong representations from Versailles, now invited to join him in France. The great body of Compounders learned with delight that they were at length to be represented in the Council at Saint Germains by one of their favourite leaders. Some noblemen and gentlemen, who, though they had not approved of the deposition of James, had been so much disgusted by his perverse and absurd conduct that they had long avoided all connection with him, now began to hope that he had seen his error. They had refused to have any thing to do with Melfort; but they communicated freely with Middleton. The new minister conferred also with the four traitors whose infamy has been made preeminently conspicuous by their station, their abilities, and their great public services; with Godolphin, the great object of whose life was to be in favour with both the rival Kings at once, and to keep, through all revolutions and counterrevolutions, his head, his estate and a place at the Board of Treasury; with Shrewsbury, who, having once in a fatal moment entangled himself in criminal and dishonourable engagements, had not had the resolution to break through them; with Marlborough, who continued to profess the deepest repentance for the past and the best intentions for the future; and with Russell, who declared that he was still what he had been before the day of La Hogue, and renewed his promise to do what Monk had done, on condition that a general pardon should be granted to all political offenders, and that the royal power should be placed under strong constitutional restraints.

Before Middleton left England he had collected the sense of all the leading Compounders. They were of opinion that there was one expedient which would reconcile contending factions at home, and lead to the speedy pacification of Europe. This expedient was that James should resign the Crown in favour of the Prince of Wales, and that the Prince of Wales should be bred a Protestant. If, as was but too probable, His Majesty should refuse to listen to this suggestion, he must at least consent to put forth a Declaration which might do away the unfavourable impression made by his Declaration of the preceding spring. A paper such as it was thought expedient that he should publish was carefully drawn up, and, after much discussion, approved.

Early in the year 1693, Middleton, having been put in full possession of the views of the principal English Jacobites, stole across the Channel, and made his appearance at the Court of James. There was at that Court no want of slanderers and sneerers whose malignity was only the more dangerous because it wore a meek and sanctimonious air. Middleton found, on his arrival, that numerous lies, fabricated by the priests who feared and hated him, were already in circulation. Some Noncompounders too had written from London that he was at heart a Presbyterian and a republican. He was however very graciously received, and was appointed Secretary of State conjointly with Melfort. 430 (#x24_x_24_i116)

It very soon appeared that James was fully resolved never to resign the Crown, or to suffer the Prince of Wales to be bred a heretic; and it long seemed doubtful whether any arguments or entreaties would induce him to sign the Declaration which his friends in England had prepared. It was indeed a document very different from any that had yet appeared under his Great Seal. He was made to promise that he would grant a free pardon to all his subjects who should not oppose him after he should land in the island; that, as soon as he was restored, he would call a Parliament; that he would confirm all such laws, passed during the usurpation, as the Houses should tender to him for confirmation; that he would waive his right to the chimney money; that he would protect and defend the Established Church in the enjoyment of all her possessions and privileges; that he would not again violate the Test Act; that he would leave it to the legislature to define the extent of his dispensing power; and that he would maintain the Act of Settlement in Ireland.

He struggled long and hard. He pleaded his conscience. Could a son of the Holy Roman Catholic and Apostolic Church bind himself to protect and defend heresy, and to enforce a law which excluded true believers from office? Some of the ecclesiastics who swarmed in his household told him that he could not without sin give any such pledge as his undutiful subjects demanded. On this point the opinion of Middleton, who was a Protestant, could be of no weight. But Middleton found an ally in one whom he regarded as a rival and an enemy. Melfort, scared by the universal hatred of which he knew himself to be the object, and afraid that he should be held accountable, both in England and in France, for his master's wrongheadedness, submitted the case to several eminent Doctors of the Sorbonne. These learned casuists pronounced the Declaration unobjectionable in a religious point of view. The great Bossuet, Bishop of Meaux, who was regarded by the Gallican Church as a father scarcely inferior in authority to Cyprian or Augustin, showed, by powerful arguments, both theological and political, that the scruple which tormented James was precisely of that sort against which a much wiser King had given a caution in the words, "Be not righteous overmuch." 431 (#x24_x_24_i119) The authority of the French divines was supported by the authority of the French government. The language held at Versailles was so strong that James began to be alarmed. What if Lewis should take serious offence, should think his hospitality ungratefully requited, should conclude a peace with the usurpers, and should request his unfortunate guests to seek another asylum? It was necessary to submit. On the seventeenth of April 1693 the Declaration was signed and sealed. The concluding sentence was a prayer. "We come to vindicate our own right and to establish the liberties of our people; and may God give us success in the prosecution of the one as we sincerely intend the confirmation of the other!" 432 (#x24_x_24_i122) The prayer was heard. The success of James was strictly proportioned to his sincerity. What his sincerity was we know on the best evidence. Scarcely had he called on heaven to witness the truth of his professions, when he directed Melfort to send a copy of the Declaration to Rome with such explanations as might satisfy the Pope. Melfort's letter ends thus: "After all, the object of this Declaration is only to get us back to England. We shall fight the battle of the Catholics with much greater advantage at Whitehall than at Saint Germains." 433 (#x24_x_24_i125)

Meanwhile the document from which so much was expected had been despatched to London. There it was printed at a secret press in the house of a Quaker; for there was among the Quakers a party, small in number, but zealous and active, which had imbibed the politics of William Penn. 434 (#x24_x_24_i128) To circulate such a work was a service of some danger; but agents were found. Several persons were taken up while distributing copies in the streets of the city. A hundred packets were stopped in one day at the Post Office on their way to the fleet. But, after a short time, the government wisely gave up the endeavour to suppress what could not be suppressed, and published the Declaration at full length, accompanied by a severe commentary. 435 (#x24_x_24_i131)