But while the position of the new government was thus rendered less

secure, by narrowing the basis of public opinion whereon it stood, the

liberal principles of policy which the whigs had espoused became

incomparably more powerful, and were necessarily involved in the

continuance of the revolution settlement. The ministers of William

III. and of the house of Brunswick had no choice but to respect and

countenance the doctrines of Locke, Hoadley, and Molesworth. The

assertion of passive obedience to the Crown grew obnoxious to the

Crown itself. Our new line of sovereigns scarcely ventured to hear of

their hereditary right, and dreaded the cup of flattery that was

drugged with poison. This was the greatest change that affected our

monarchy by the fall of the house of Stuart. The laws were not so

materially altered as the spirit and sentiments of the people. Hence

those who look only at the former have been prone to underrate the

magnitude of this revolution. The fundamental maxims of the

constitution, both as they regard the king and the subject, may seem

nearly the same; but the disposition with which they were received and

interpreted was entirely different.

_Its salutary consequences._--It was in this turn of feeling, in this

change, if I may so say, of the heart, far more than in any positive

statutes and improvements of the law, that I consider the revolution

to have been eminently conducive to our freedom and prosperity. Laws

and statutes as remedial, nay more closely limiting the prerogative

than the bill of rights and act of settlement, might possibly have

been obtained from James himself, as the price of his continuance on

the throne, or from his family as that of their restoration to it. But

what the revolution did for us was this; it broke the spell that had

charmed the nation. It cut up by the roots all that theory of

indefeasible right, of paramount prerogative, which had put the Crown

in continual opposition to the people. A contention had now subsisted

for five hundred years, but particularly during the four last reigns,

against the aggressions of arbitrary power. The sovereigns of this

country had never patiently endured the control of parliament; nor was

it natural for them to do so, while the two houses of parliament

appeared historically, and in legal language, to derive their

existence as well as privileges from the Crown itself. They had at

their side the pliant lawyers, who held the prerogative to be

uncontrollable by statutes, a doctrine of itself destructive to any

scheme of reconciliation and compromise between a king and his

subjects; they had the churchmen, whose casuistry denied that the most

intolerable tyranny could excuse resistance to a lawful government.

These two propositions could not obtain general acceptation without

rendering all national liberty precarious.

It has been always reckoned among the most difficult problems in the

practical science of government, to combine an hereditary monarchy

with security of freedom, so that neither the ambition of kings shall

undermine the people's rights, nor the jealousy of the people overturn

the throne. England had already experience of both these mischiefs.

And there seemed no prospect before her, but either their alternate

recurrence, or a final submission to absolute power, unless by one

great effort she could put the monarchy for ever beneath the law, and

reduce it to an integrant portion instead of the primary source and

principle of the constitution. She must reverse the favoured maxim, "A

Deo rex, à rege lex;" and make the Crown itself appear the creature of

the law. But our ancient monarchy, strong in a possession of seven

centuries, and in those high and paramount prerogatives which the

consenting testimony of lawyers and the submission of parliaments had

recognised, a monarchy from which the House of Commons and every

existing peer, though not perhaps the aristocratic order itself,

derived its participation in the legislature, could not be bent to the

republican theories which have been not very successfully attempted in

some modern codes of constitution. It could not be held, without

breaking up all the foundations of our polity, that the monarchy

emanated from the parliament, or even from the people. But by the

revolution and by the act of settlement, the rights of the actual

monarch, of the reigning family, were made to emanate from the

parliament and the people. In technical language, in the grave and

respectful theory of our constitution, the Crown is still the fountain

from which law and justice spring forth. Its prerogatives are in the

main the same as under the Tudors and the Stuarts; but the right of

the house of Brunswick to exercise them can only be deduced from the

convention of 1688.

The great advantage therefore of the revolution, as I would explicitly

affirm, consists in that which was reckoned its reproach by many, and

its misfortune by more; that it broke the line of succession. No other

remedy could have been found, according to the temper and prejudices

of those times, against the unceasing conspiracy of power. But when

the very tenure of power was conditional, when the Crown, as we may

say, gave recognisances for its good behaviour, when any violent and

concerted aggressions on public liberty would have ruined those who

could only resist an inveterate faction by the arms which liberty put

in their hands, the several parts of the constitution were kept in

cohesion by a tie far stronger than statutes, that of a common

interest in its preservation. The attachment of James to popery, his

infatuation, his obstinacy, his pusillanimity, nay even the death of

the Duke of Gloucester, the life of the Prince of Wales, the

extraordinary permanence and fidelity of his party, were all the

destined means through which our present grandeur and liberty, our

dignity of thinking on matters of government, have been perfected.

Those liberal tenets, which at the æra of the revolution were

maintained but by one denomination of English party, and rather

perhaps on authority of not very good precedents in our history than

of sound general reasoning, became in the course of the next

generation almost equally the creed of the other, whose long exclusion

from government taught them to solicit the people's favour; and by the

time that Jacobitism was extinguished, had passed into received maxims

of English politics. None at least would care to call them in question

within the walls of parliament; nor have their opponents been of much

credit in the paths of literature. Yet, as since the extinction of the

house of Stuart's pretensions, and other events of the last half

century, we have seen those exploded doctrines of indefeasible

hereditary right revived under another name, and some have been

willing to misrepresent the transactions of the revolution and the act

of settlement as if they did not absolutely amount to a deposition of

the reigning sovereign, and an election of a new dynasty by the

representatives of the nation in parliament, it may be proper to state

precisely the several votes, and to point out the impossibility of

reconciling them to any gentler construction.

_Proceedings of the convention._--The Lords spiritual and temporal, to

the number of about ninety, and an assembly of all who had sat in any

of King Charles's parliaments, with the lord mayor and fifty of the

common council, requested the Prince of Orange to take upon him the

administration after the king's second flight, and to issue writs for

a convention in the usual manner.[143] This was on the 26th of

December; and the convention met on the 22nd of January. Their first

care was to address the prince to take the administration of affairs

and disposal of the revenue into his hands, in order to give a kind of

parliamentary sanction to the power he already exercised. On the 28th

of January the Commons, after a debate in which the friends of the

late king made but a faint opposition, came to their great vote: That

King James II., having endeavoured to subvert the constitution of this

kingdom, by breaking the original contract between king and people,

and by the advice of jesuits and other wicked persons having violated

the fundamental laws, and having withdrawn himself out of the kingdom,

has abdicated the government, and that the throne is thereby vacant.

They resolved unanimously the next day, that it hath been found by

experience inconsistent with the safety and welfare of this protestant

kingdom to be governed by a popish prince.[144] This vote was a

remarkable triumph of the whig party, who had contended for the

exclusion bill; and, on account of that endeavour to establish a

principle which no one was now found to controvert, had been subjected

to all the insults and reproaches of the opposite faction. The Lords

agreed with equal unanimity to this vote; which, though it was

expressed only as an abstract proposition, led by a practical

inference to the whole change that the whigs had in view. But upon the

former resolution several important divisions took place. The first

question put, in order to save a nominal allegiance to the late king,

was, whether a regency with the administration of regal power under

the style of King James II. during the life of the said King James, be

the best and safest way to preserve the protestant religion and the

laws of this kingdom? This was supported both by those peers who

really meant to exclude the king from the enjoyment of power, such as

Nottingham, its great promoter, and by those who, like Clarendon, were

anxious for his return upon terms of security for their religion and

liberty. The motion was lost by fifty-one to forty-nine; and this

seems to have virtually decided, in the judgment of the house, that

James had lost the throne.[145] The Lords then resolved that there

was an original contract between the king and people, by fifty-five to

forty-six; a position that seems rather too theoretical, yet necessary

at that time, as denying the divine origin of monarchy, from which its

absolute and indefeasible authority had been plausibly derived. They

concurred, without much debate, in the rest of the Commons' vote; till

they came to the clause that he had abdicated the government, for

which they substituted the word "deserted." They next omitted the

final and most important clause, that the throne was thereby vacant,

by a majority of fifty-five to forty-one. This was owing to the party

of Lord Danby, who asserted a devolution of the Crown on the Princess

of Orange. It seemed to be tacitly understood by both sides that the

infant child was to be presumed spurious. This at least was a

necessary supposition for the tories, who sought in the idle rumours

of the time an excuse for abandoning his right. As to the whigs,

though they were active in discrediting this unfortunate boy's

legitimacy, their own broad principles of changing the line of

succession rendered it, in point of argument, a superfluous enquiry.

The tories, who had made little resistance to the vote of abdication,

when it was proposed in the Commons, recovered courage by this

difference between the two houses; and perhaps by observing the king's

party to be stronger out of doors than it had appeared to be, were

able to muster 151 voices against 282 in favour of agreeing with the

Lords in leaving out the clause about the vacancy of the throne.[146]

There was still, however, a far greater preponderance of the whigs in

one part of the convention, than of the tories in the other. In the

famous conference that ensued between committees of the two houses

upon these amendments, it was never pretended that the word

"abdication" was used in its ordinary sense, for a voluntary

resignation of the Crown. The Commons did not practise so pitiful a

subterfuge. Nor could the Lords explicitly maintain, whatever might be

the wishes of their managers, that the king was not expelled and

excluded as much by their own word "desertion" as by that which the

lower house had employed. Their own previous vote against a regency

was decisive upon this point.[147] But as abdication was a gentler

term than forfeiture, so desertion appeared a still softer method of

expressing the same idea. Their chief objection, however, to the

former word was that it led, or might seem to lead, to the vacancy of

the throne, against which their principal arguments were directed.

They contended that in our government there could be no interval or

vacancy, the heir's right being complete by a demise of the Crown; so

that it would at once render the monarchy elective, if any other

person were designated to the succession. The Commons did not deny

that the present case was one of election, though they refused to

allow that the monarchy was thus rendered perpetually elective. They

asked, supposing a right to descend upon the next heir, who was that

heir to inherit it; and gained one of their chief advantages by the

difficulty of evading this question. It was indeed evident that, if

the Lords should carry their amendments, an enquiry into the

legitimacy of the Prince of Wales could by no means be dispensed with.

Unless that could be disproved more satisfactorily than they had

reason to hope, they must come back to the inconveniences of a

regency, with the prospect of bequeathing interminable confusion to

their posterity. For, if the descendants of James should continue in

the Roman catholic religion, the nation might be placed in the

ridiculous situation of acknowledging a dynasty of exiled kings, whose

lawful prerogative would be withheld by another race of protestant

regents. It was indeed strange to apply the provisional substitution

of a regent in cases of infancy or imbecility of mind to a prince of

mature age, and full capacity for the exercise of power. Upon the

king's return to England, this delegated authority must cease of

itself; unless supported by votes of parliament as violent and

incompatible with the regular constitution as his deprivation of the

royal title, but far less secure for the subject, whom the statute of

Henry VII. would shelter in paying obedience to a king de facto; while

the fate of Sir Henry Vane was an awful proof that no other name could

give countenance to usurpation. A great part of the nation not thirty

years before had been compelled by acts of parliament[148] to declare

upon oath their abhorrence of that traitorous position, that arms

might be taken up by the king's authority against his person or those

commissioned by him, through the influence of those very tories or

loyalists who had now recourse to the identical distinction between

the king's natural and political capacity, for which the presbyterians

had incurred so many reproaches.

In this conference, however, if the whigs had every advantage on the

solid grounds of expediency, or rather political necessity, the tories

were as much superior in the mere argument, either as it regarded the

common sense of words, or the principles of our constitutional law.

Even should we admit that an hereditary king is competent to abdicate

the throne in the name of all his posterity, this could only be intended

of a voluntary and formal cession, not such a constructive abandonment

of his right by misconduct as the Commons had imagined. The word

"forfeiture" might better have answered this purpose; but it had

seemed too great a violence on principles which it was more convenient

to undermine than to assault. Nor would even forfeiture bear out by

analogy the exclusion of an heir, whose right was not liable to be set

aside at the ancestor's pleasure. It was only by recurring to a kind

of paramount, and what I may call hyper-constitutional law, a mixture

of force and regard to the national good, which is the best sanction

of what is done in revolutions, that the vote of the Commons could be

defended. They proceeded not by the stated rules of the English

government, but the general rights of mankind. They looked not so much

to Magna Charta as the original compact of society, and rejected Coke

and Hale for Hooker and Harrington.

The House of Lords, after this struggle against principles undoubtedly

very novel in the discussions of parliament, gave way to the strength

of circumstance and the steadiness of the Commons. They resolved not

to insist on their amendments to the original vote; and followed this

up by a resolution, that the Prince and Princess of Orange shall be

declared King and Queen of England, and all the dominions thereunto

belonging.[149] But the Commons with a noble patriotism delayed to

concur in this hasty settlement of the Crown, till they should have

completed the declaration of those fundamental rights and liberties

for the sake of which alone they had gone forward with this great

revolution.[150] That declaration, being at once an exposition of the

misgovernment which had compelled them to dethrone the late king, and

of the conditions upon which they elected his successors, was

incorporated in the final resolution to which both houses came on the

13th of February, extending the limitation of the Crown as far as the

state of affairs required: "That William and Mary, Prince and Princess

of Orange, be, and be declared King and Queen of England, France, and

Ireland, and the dominions thereunto belonging, to hold the crown and

dignity of the said kingdoms and dominions to them, the said prince

and princess, during their lives, and the life of the survivor of

them; and that the sole and full exercise of the regal power be only

in, and executed by, the said Prince of Orange, in the names of the

said prince and princess, during their joint lives; and after their

decease the said crown and royal dignity of the said kingdoms and

dominions to be to the heirs of the body of the said princess; for

default of such issue, to the Princess Anne of Denmark, and the heirs

of her body; and for default of such issue, to the heirs of the body

of the said Prince of Orange."

Thus, to sum up the account of this extraordinary change in our

established monarchy, the convention pronounced, under the slight

disguise of a word unusual in the language of English law, that the

actual sovereign had forfeited his right to the nation's allegiance.

It swept away by the same vote the reversion of his posterity, and of

those who could claim the inheritance of the Crown. It declared that,

during an interval of nearly two months, there was no king of England;

the monarchy lying, as it were, in abeyance from the 23rd of December

to the 13th of February. It bestowed the Crown on William jointly with

his wife indeed, but so that her participation of the sovereignty

should be only in name.[151] It postponed the succession of the

Princess Anne during his life. Lastly, it made no provision for any

future devolution of the Crown in failure of issue from those to whom

it was thus limited, leaving that to the wisdom of future parliaments.

Yet only eight years before, nay much less, a large part of the nation

had loudly proclaimed the incompetency of a full parliament, with a

lawful king at its head, to alter the lineal course of succession. No

whig had then openly professed the doctrine, that not only a king, but

an entire royal family, might be set aside for public convenience. The

notion of an original contract was denounced as a republican chimera.

The deposing of kings was branded as the worst birth of popery and

fanaticism. If other revolutions have been more extensive in their

effect on the established government, few perhaps have displayed a

more rapid transition of public opinion. For it cannot be reasonably

doubted that the majority of the nation went along with the vote of

their representatives. Such was the termination of that contest, which

the house of Stuart had obstinately maintained against the liberties,

and of late, against the religion of England; or rather, of that far

more ancient controversy between the Crown and the people which had

never been wholly at rest since the reign of John. During this long

period, the balance, except in a few irregular intervals, had been

swayed in favour of the Crown; and, though the government of England

was always a monarchy limited by law, though it always, or at least

since the admission of the commons into the legislature, partook of

the three simple forms, yet the character of a monarchy was evidently

prevalent over the other parts of the constitution. But, since the

revolution of 1688, and particularly from thence to the death of

George II., it seems equally just to say, that the predominating

character has been aristocratical; the prerogative being in some

respects too limited, and in others too little capable of effectual

exercise, to counterbalance the hereditary peerage, and that class of

great territorial proprietors, who, in a political division, are to be

reckoned among the proper aristocracy of the kingdom. This, however,

will be more fully explained in the two succeeding chapters, which are

to terminate the present work.

FOOTNOTES:

[75] Fox, Appendix, p. 8.

[76] "The legal method," says Burnet, "was to have made entries, and

to have taken bonds for those duties to be paid when the parliament

should meet and renew the grant." Mr. Onslow remarks on this, that he

should have said, the least illegal and the only justifiable method.

To which the Oxford editor subjoins that it was the proposal of

Lord-Keeper North, while the other, which was adopted, was suggested

by Jefferies. This is a mistake. North's proposal was to collect the

duties under the proclamation, but to keep them apart from the other

revenues in the exchequer until the next session of parliament. There

was surely little difference in point of illegality between this and

the course adopted. It was alleged that the merchants, who had paid

duty, would be injured by a temporary importation duty free; and

certainly it was inconvenient to make the revenue dependent on such a

contingency as the demise of the Crown. But this neither justifies the

proclamation, nor the disgraceful acquiescence of the next parliament

in it.

The king was thanked in several addresses for directing the customs to

be levied, particularly in one from the benchers and barristers of the

Middle Temple. _London Gazette_, March 11. This was drawn by Sir

Bartholomew Shower, and presented by Sir Humphrey Mackworth. _Life of

James_, vol. ii. p. 17. The former was active as a lawyer in all the

worst measures of these two reigns. Yet, after the revolution, they

both became tory patriots, and jealous assertors of freedom against

the government of William III. Barillon, however, takes notice that

this illegal continuance of the revenue produced much discontent.

Fox's Appendix, 39; and Rochester told him that North and Halifax

would have urged the king to call a parliament, in order to settle the

revenue on a lawful basis, if that resolution had not been taken by

himself. _Id._ p. 20. The king thought it necessary to apologise to

Barillon for convoking parliament. _Id._ p. 18; Dalrymple, p. 100.

[77] Dalrymple, p. 142. The king alludes to this possibility of a

limited grant with much resentment and threatening, in his speech on

opening the session.

[78] Fox, Appendix, p. 93; Lonsdale, p. 5.

[79] For this curious piece of parliamentary inconsistency, see

Reresby's _Memoirs_, p. 113, and Barillon in the Appendix to Fox, p.

95. "Il s'est passé avant hier une chose de grande conséquence dans la

chambre basse: il fut proposé le matin que la chambre se mettoit en

comité l'après diner pour considérer la harangue du roy sur l'affaire

de la religion, et savoir ce qui devoit être entendu par le terme _de

religion protestante_. La résolution fut prise unanimement, et sans

contradiction, de faire une adresse au roy pour le prier de faire une

proclamation pour l'exécution des loix contre tous les nonconformistes

généralement, c'est-à-dire, contre tous ceux qui ne sont pas

ouvertement de l'église Anglicane; cela enferme les presbitériens et

tous les sectaires, aussi bien que les catholiques Romains. La malice

de cette résolution fut aussitôt reconnu du roy d'Angleterre, et de

ses ministres; les principaux de la chambre basse furent mandés, et

ceux que sa majesté Britannique croit être dans ses intérêts; il leur

fit une réprimande sévère de s'être laissés séduire et entraîner à une

résolution si dangereuse et si peu admissible. Il leur déclara que, si

l'on persistoit à lui faire une pareille adresse, il répondroit à la

chambre basse en termes si décisifs et si fermes qu'on ne retourneroit

pas à lui faire une pareille adresse. La manière dont sa majesté

Britannique s'explique produisit son effet hier matin; et la chambre

basse rejeta tout d'une voix ce que avoit été résolu en comité le jour

auparavant."

The only man who behaved with distinguished spirit in this wretched

parliament was one in whose political life there is little else to

praise, Sir Edward Seymour. He opposed the grant of the revenues for

life, and spoke strongly against the illegal practices in the

elections. Fox, 90, 93.

[80] Fox, Appendix, p. 156. "Provided always, and be it further

enacted, that if any peer of this realm, or member of the House of

Commons, shall move or propose in either house of parliament the

disherison of the rightful and true heir of the Crown, or to alter or

change the descent or succession of the Crown in the right line; such

offence shall be deemed and adjudged high treason, and every person

being indicted and convicted of such treason, shall be proceeded

against, and shall suffer and forfeit as in other cases of high

treason mentioned in this act."

See what Lord Lonsdale says (p. 8) of this bill, which he, among

others, contrived to weaken by provisoes, so that it was given up.

[81] _Parl. Hist._ 1372. The king's speech had evidently shown that

the supply was only demanded for this purpose. The speaker, on

presenting the bill for settling the revenue in the former session,

claimed it as a merit that they had not inserted any appropriating

clauses. _Parl. Hist._ 1359.

[82] Reresby, p. 110; Barillon, in Fox's Appendix, pp. 93, 127, etc.

Le feu roi d'Angleterre et celui-ci m'ont souvent dit, qu'un

gouvernement ne peut subsister avec une telle loi. Dalrymple, p. 171.

[83] This opinion has been well supported by Mr. Serjeant Heywood

(_Vindication of Mr. Fox's History_, p. 154). In some few of

Barillon's letters to the King of France, he speaks of James's

intention établir la religion catholique; but these perhaps might be

explained by a far greater number of passages, where he says only

établir le libre exercice de la religion catholique, and by the

general tenor of his correspondence. But though the primary object was

toleration, I have no doubt but that they conceived this was to end in

establishment. See what Barillon says (p. 84); though the legal

reasoning is false, as might be expected from a foreigner. It must at

all events be admitted that the conduct of the king after the

formation of the catholic junto in 1686, demonstrates an intention of

overthrowing the Anglican establishment.

[84] "Il [le roy] me répondit à ce que je venois de dire, que je

connoissois le fond de ses intentions pour l'établissement de la

religion catholique; qu'il n'esperoit en venir à bout que par

l'assistance de V. M.; que je voyois qu'il venoit de donner des

emplois dans ses troupes aux catholiques aussi bien qu'aux protestans;

que cette égalité fâchoit beaucoup de gens, mais qu'il n'avoit pas

laissé passer une occasion si importante sans s'en prévaloir; qu'il

feroit de même à l'égard des choses practicables, et que je voyois

plus clair sur cela dans ses desseins que ses propres ministres, s'en

étant souvent ouvert avec moi sans reserve."--P. 104. In a second

conversation immediately afterwards, the king repeated, "que je

connoissois le fond de ses desseins, et que je pouvois répondre que

tout son but étoit d'établir la religion catholique; qu'il ne perdroit

aucune occasion de la faire ... que peu à peu il va à son but, et que

ce qu'il fait presentement emporte nécessairement l'exercice libre de

la religion catholique, qui se trouvera établi avant qu'un acte de

parlement l'autorise; que je connoissois assez l'Angleterre pour

savoir que la possibilité d'avoir des emplois et des charges fera plus

de catholiques que la permission de dire des messes publiques; que

cependant il s'attendoit que V. M. ne l'abandonneroit pas," etc. P.

106. Sunderland entered on the same subject, saying, "Je ne sais pas

si l'on voit en France les choses comme elles sont ici; mais je défie

ceux qui les voyent de près de ne pas connoître que le roy mon maître

n'a rien dans le cœur si avant que l'envie d'établir la religion

catholique; qu'il ne peut même, selon le bon sens et la droite raison,

avoir d'autre but; que sans cela il ne sera jamais en sûreté, et sera

toujours exposé au zèle indiscret de ceux qui échaufferont les peuples

contre la catholicité, tant qu'elle ne sera pas _plus_ pleinement

établie; il y a une autre chose certaine, c'est que ce plan là ne peut

réussir que par un concert et une liaison étroite avec le roi votre

maître; c'est un projet qui ne peut convenir qu'à lui, ni réussir que

par lui. Toutes les autres puissances s'y opposeront ouvertement, ou

le traverseront sous main. On sait bien que cela ne convient point au

Prince d'Orange; mais s'il ne sera pas en état de l'empêcher si on

veut se conduire en France comme il est nécessaire, c'est-à-dire

ménager l'amitié du roy d'Angleterre, et le contenir dans son projet.

Je vois clairement l'appréhension que beaucoup de gens ont d'une

liaison avec la France, et les efforts qu'on fait pour l'affoiblir;

mais cela ne sera au pouvoir de personne, si on n'en a pas envie ce

France; c'est sur quoi il faut que vous vouz expliquiez nettement, que

vous fassiez connoître que le roi votre maître veut aider de bonne foi

le roi d'Angleterre à établir fermement la religion catholique."

The word _plus_ in the above passage is not in Dalrymple's extract

from this letter. Vol. ii. part ii. pp. 174, 187. Yet for omitting

this word Serjeant Heywood (not having attended to Dalrymple),

censures Mr. Rose as if it had been done purposely. _Vindic. of Fox_,

p. 154. But this is not quite judicious or equitable, since another

critic might suggest that it was purposely interpolated. No one of

common candour would suspect this of Mr. Fox; but his copyist, I

presume, was not infallible. The word _plus_ is evidently incorrect.

The catholic religion was not established at all in any possible

sense; what room could there be for the comparative? M. Mazure, who

has more lately perused the letters of Barillon at Paris, prints the

passage without _plus_. _Hist. de la Révol._ ii. 36. Certainly the

whole conversation here ascribed to Sunderland points at something far

beyond the free exercise of the Roman catholic religion.

[85] It is curious to remark that both James and Louis considered the

re-establishment of the catholic religion and of the royal authority

as closely connected, and parts of one great system. Barillon in Fox,

Append. 19, 57; Mazure, i. 346. Mr. Fox maintains (_Hist._ p. 102)

that the great object of the former was absolute power rather than the

interests of popery. Doubtless if James had been a protestant, his

encroachments on the rights of his subjects would not have been less

than they were, though not exactly of the same nature; but the main

object of his reign can hardly be denied to have been either the full

toleration, or the national establishment of the church of Rome. Mr.

Fox's remark must, at all events, be limited to the year 1685.

[86] Fox, Appendix, p. 33; Ralph, 869. The prosecution of Baxter for

what was called reflecting on the bishops, is an instance of this.

_State Trials_, ii. 494. Notwithstanding James's affected zeal for

toleration, he did not scruple to congratulate Louis on the success of

his very different mode of converting heretics. Yet I rather believe

him to have been really averse to persecution; though with true Stuart

insincerity he chose to flatter his patron. Dalrymple, p. 177. A book

by Claude, published in Holland, entitled _Plaintes des Protestans

cruellement opprimés dans le royaume de France_, was ordered to be

burned by the hangman, on the complaint of the French ambassador, and

the translator and printer to be enquired after and prosecuted. _Lond.

Gazette_, May 8, 1686. Jefferies objected to this in council as

unusual; but the king was determined to gratify his most christian

brother. Mazure, ii. 122. It is said also that one of the reasons for

the disgrace of Lord Halifax was his speaking warmly about the

revocation of the edict of Nantes. _Id._ p. 55. Yet James sometimes

blamed this himself, so as to displease Louis. _Id._ p. 56. In fact,

it very much tended to obstruct his own views for the establishment of

a religion which had just shown itself in so odious a form. For this

reason, though a brief was read in churches for the sufferers, special

directions were given that there should be no sermon. It is even said

that he took on himself the distribution of the money collected for

the refugees, in order to stop the subscription; or at least that his

interference had that effect. The enthusiasm for the French

protestants was such that single persons subscribed 500 or 1000

pounds; which, relatively to the opulence of the kingdom, almost

equals any munificence of this age. _Id._ p. 123.

[87] It is well known that the House of Commons, in 1685, would not

pass the bill for reversing Lord Stafford's attainder, against which a

few peers had entered a very spirited protest. _Parl. Hist._ 1361.

Barillon says, this was "parce que dans le préambule il y a des mots

insérés qui semblent favoriser la religion catholique; cela seul a

retardé la rehabilitation du Comte de Stafford dont tous sont d'accord

à l'égard du fond." Fox, App. p. 110. But there was another reason

which might have weight. Stafford had been convicted on the evidence,

not only of Oates, who had been lately found guilty of perjury, but of

several other witnesses, especially Dugdale and Turberville. And these

men had been brought forward by the government against Lord

Shaftesbury and College, the latter of whom had been hanged on their

testimony. The reversal of Lord Stafford's attainder, just as we now

think it, would have been a disgrace to these Crown prosecutions; and

a conscientious tory would be loth to vote for it.

[88] "In all the disputes relating to that mystery before the civil

wars, the church of England protestant writers owned the real

presence, and only abstracted from the _modus_ or manner of Christ's

body being present in the eucharist, and therefore durst not say but

it might be there by transubstantiation as well as by any other

way.... It was only of late years that such principles have crept into

the church of England; which, having been blown into the parliament

house, had raised continual tumults about religion ever since. Those

unlearned and fanatical notions were never heard of till Doctor

Stillingfleet's late invention of them, by which he exposed himself to

the lash, not only of the Roman catholics, but to that of many of the

church of England controvertists too." _Life of James_, ii. 146.

[89] See _London Gazettes_, 1685, _passim_: the most remarkable are

inserted by Ralph and Kennet. I am sure the addresses which we have

witnessed in this age among a neighbouring people are not on the whole

more fulsome and disgraceful. Addresses, however, of all descriptions,

as we well know, are generally the composition of some zealous

individual, whose expressions are not to be taken as entirely those of

the subscribers. Still these are sufficient to manifest the general

spirit of the times.

The king's popularity at his accession, which all contemporary writers

attest, is strongly expressed by Lord Lonsdale. "The great interest he

had in his brother, so that all applications to the king seemed to

succeed only as he favoured them, and the general opinion of him to be

a prince steady above all others to his word, made him at that time

the most popular prince that had been known in England for a long

time. And from men's attempting to exclude him, they, at this juncture

of time, made him their darling; no more was his religion terrible;

his magnanimous courage, and the hardships he had undergone, were the

discourse of all men. And some reports of a misunderstanding betwixt

the French king and him, occasioned originally by the marriage of the

Lady Mary to the Prince of Orange, industriously spread abroad to

amuse the ignorant, put men in hopes of what they had long wished;

that, by a conjunction of Holland and Spain, etc., we might have been

able to reduce France to the terms of the Pyrenean treaty, which was

now become the terror of Christendom, we never having had a prince for

many ages that had so great a reputation for experience and a martial

spirit."--P. 3. This last sentence is a truly amusing contrast to the

real truth; James having been, in his brother's reign, the most

obsequious and unhesitating servant of the French king.

[90] "On voit qu'insensiblement les Catholiques auront les armes à la

main; c'est un état bien différent de l'oppression où ils étoient, et

dont les protestans zélés recoivent une grande mortification; ils

voyent bien que le roy d'Angleterre fera le reste quand il le pourra.

La levée des troupes, qui seront bientot complettes, fait juger que le

roy d'Angleterre veut être en état de se faire obéir, et de n'être pas

gêné par les loix qui se trouveront contraires à ce qu'il veut

établir." Barillon in Fox's Appendix, 111. "Il me paroit (he says,

June 25), que le roy d'Angleterre a été fort aisé d'avoir une prétexte

de lever des troupes, et qu'il croit que l'entreprise de M. le duc de

Monmouth ne servira qu'à le rendre plus maître de sons pays." And on

July 30: "le projet du roy d'Angleterre est d'abolir entièrement les

milices, dont il a reconnu l'inutilité et le danger en cette dernière

occasion; et de faire, s'il est possible, que le parlement établisse

le fond destiné pour les milices à l'entretien des troupes réglées.

Tout cela change entièrement l'état de ce pays ici, et met les Anglois

dans une condition bien différente de celle où ils ont été jusques à

present. Ils le connoissent, et voyent bien qu'un roy de différente

religion que celle du pays, et qui se trouve armé, ne renoncera pas

aisément aux avantages que lui donne la défaite des rebelles, et les

troupes qu'il a sur pied." And afterwards: "Le roi d'Angleterre m'a

dit que quoiqu'il arrive, il conservera les troupes sur pied, quand

même le parlement ne lui donneroit pour les entretenir. Il connoit

bien que le parlement verra mal volontiers cet établissement; mais il

veut être assuré du dedans de son pays, et il croit ne le pouvoir être

sans cela." Dalrymple, 169, 170.

[91] Fox's App. 69; Dalrymple, 153.

[92] It had been the intention of Sunderland and the others to

dissolve parliament, as soon as the revenue for life should be

settled, and to rely in future on the assistance of France. Fox's App.

59, 60; Mazure, i. 432. But this was prevented, partly by the sudden

invasion of Monmouth, which made a new session necessary, and gave

hopes of a large supply for the army; and partly by the unwillingness

of the King of France to advance as much money as the English

government wanted. In fact, the plan of continual prorogations

answered as well.

[93] Journals, Nov. 14. Barillon says that the king answered this

humble address, "avec des marques de fierté et de colère sur le

visage, qui faisoit assez connôitre ses sentimens." Dalrymple, 172.

See too his letter in Fox, 139.

A motion was made to ask the Lords' concurrence in this address,

which, according to the journals, was lost by 212 to 138. In the _Life

of James_, ii. 55, it is said that it was carried against the motion

by only four voices; and this I find confirmed by a manuscript account

of the debates (Sloane MSS. 1470), which gives the numbers 212 to 208.

The journal probably is mis-printed, as the court and country parties

were very equal. It is said in this manuscript, that those who opposed

the address, opposed also the motion for requesting the Lords'

concurrence in it; but James represents it otherwise, as a device of

the court to quash the proceeding.

[94] Coke, 12 Rep. 18.

[95] Vaughan's Reports; Thomas _v._ Sorrell, 333.

[96] Burnet and others. This hardly appears by Northey's argument.

[97] _State Trials_, xi. 1165-1280; 2 Shower's _Reports_, 475.

[98] The dissentient judge was Street; and Powell doubted. The king

had privately secured this opinion of the bench in his favour before

the action was brought. _Life of James_, ii. 79.

[99] _State Trials_, xi. 1132 _et seq._ The members of the commission

were the primate Sancroft (who never sat), Crew and Sprat, Bishops of

Durham and Rochester the chancellor Jefferies, the Earls of Rochester

and Sunderland, and Chief-Justice Herbert. Three were to form a

quorum, but the chancellor necessarily to be one. Ralph, 929. The Earl

of Mulgrave was introduced afterwards.

[100] Mazure, ii. 130.

[101] Henry Earl of Clarendon's papers, ii. 278. In Gutch's

_Collectanea Curiosa_, vol. i. p. 287, we find not only this license

to Massey, but one to Obadiah Walker, master of University College,

and to two fellows of the same, and one of Brazen-nose College, to

absent themselves from church, and not to take the oaths of supremacy

and allegiance, or do any other thing to which, by the laws and

statutes of the realm, or those of the college, they are obliged.

There is also, in the same book, a dispensation for one Sclater,

curate of Putney, and rector of Esher, from using the common prayer,

etc., etc. _Id._ p. 290. These are in May 1686, and subscribed by

Powis, the solicitor-general. The attorney-general, Sawyer, had

refused; as we learn from Reresby, p. 133, the only contemporary

writer, perhaps, who mentions this very remarkable aggression on the

established church.

[102] The catholic lords, according to Barillon, had represented to

the king, that nothing could be done with parliament so long as the

treasurer caballed against the designs of his majesty. James promised

to dismiss him if he did not change his religion. Mazure, ii. 170. The

queen had previously been rendered his enemy by the arts of

Sunderland, who persuaded her that Lord and Lady Rochester had

favoured the king's intimacy with the Countess of Dorchester in order

to thwart the popish intrigue. _Id._ 149. "On voit," says Barillon, on

the treasurer's dismissal, "que la cabale catholique a entièrement

prevalu. On s'attendoit depuis quelque temps à ce qui est arrivé au

comte de Rochester; mais l'exécution fait encore une nouvelle

impression sur les esprits."--P. 181.

[103] _Life of James_, 74. Barillon frequently mentions this cabal, as

having in effect the whole conduct of affairs in their hands.

Sunderland belonged to them; but Jefferies, being reckoned on the

protestant side, had, I believe, very little influence for at least

the two latter years of the king's reign. "Les affaires de ce

pays-ci," says Bonrepos, in 1686, "ne roulent à présent que sur la

religion. Le roi est absolument gouverné par les catholiques. My Lord

Sunderland ne se maintient que par ceux-ci, et par son dévouement à

faire tout ce qu'il croit être agréable sur ce point. Il a le secret

des affaires de Rome." Mazure, ii. 124. "On feroit ici," says

Barillon, the same year, "ce que on fait en France" [that is, I

suppose, dragonner et fusilier les hérétiques] "si l'on pouvoit

espérer de réussir."--P. 127.

[104] Rochester makes so very bad a figure in all Barillon's

correspondence, that there really seems no want of candour in this

supposition. He was evidently the most active co-operator in the

connection of both the brothers with France, and seems to have had as

few compunctious visitings, where the church of England was not

concerned, as Sunderland himself. Godolphin was too much implicated,

at least by acquiescence, in the counsels of this reign; yet we find

him suspected of not wishing "se passer entièrement de parlement, et à

rompre nettement avec le prince d'Orange." Fox, Append, p. 60.

If Rochester had gone over to the Romanists, many, probably, would

have followed: on the other hand, his steadiness retained the

wavering. It was one of the first great disappointments with which the

king met. But his dismissal from the treasury created a sensible

alarm. Dalrymple, 179.

[105] Lord Dartmouth wrote to say that Fletcher told him there were

good grounds to suspect that the prince, underhand, encouraged the

expedition, with design to ruin the Duke of Monmouth; and this

Dalrymple believes. P. 136. It is needless to observe, that such

subtle and hazardous policy was totally out of William's character;

nor is there much more reason to believe what is insinuated by James

himself (Macpherson's _Extracts_, p. 144; _Life of James_, ii. 34),

that Sunderland had been in secret correspondence with Monmouth;

unless indeed it were, as seems hinted in the latter work, with the

king's knowledge.

[106] The number of persons who suffered the sentence of the law, in

the famous western assize of Jefferies, has been differently stated;

but according to a list in the Harleian Collection, n. 4689, it

appears to be as follows: at Winchester, one (Mrs. Lisle) executed; at

Salisbury, none; at Dorchester, 74 executed, 171 transported; at

Exeter, 14 executed, 7 transported; at Taunton, 144 executed, 284

transported; at Wells, 97 executed, 393 transported. In all, 330

executed, 855 transported; besides many that were left in custody for

want of evidence. It may be observed, that the prisoners sentenced to

transportation appear to have been made over to some gentlemen of

interest at court; among others, to Sir Christopher Musgrave, who did

not blush to beg the grant of their unfortunate countrymen, to be sold

as slaves in the colonies.

The apologists of James II. have endeavoured to lay the entire blame

of these cruelties on Jefferies, and to represent the king as ignorant

of them. Roger North tells a story of his brother's interference,

which is plainly contradicted by known dates, and the falsehood of

which throws just suspicion on his numerous anecdotes. See _State

Trials_, xi. 303. But the king speaks with apparent approbation of

what he calls Jefferies's campaign, in writing to the Prince of Orange

(Dalrymple, 165); and I have heard that there are extant additional

proofs of his perfect acquaintance with the details of those assizes;

nor, indeed, can he be supposed ignorant of them. Jefferies himself,

before his death, declared that he had not been half bloody enough for

him by whom he was employed. Burnet, 651 (note to Oxford edition, vol.

iii.). The king, or his biographer in his behalf, makes a very awkward

apology for the execution of Major Holmes, which is shown by himself

to have been a gross breach of faith. _Life of James_, ii. 43.

It is unnecessary to dwell on what may be found in every history: the

trials of Mrs. Lisle, Mrs. Gaunt, and Alderman Cornish; the former

before Jefferies, the two latter before Jones, his successor as chief

justice of K. B., a judge nearly as infamous as the former, though not

altogether so brutal. Both Mrs. Lisle's and Cornish's convictions were

without evidence, and consequently were reversed after the revolution.

_State Trials_, vol. xi.

[107] Several proofs of this appear in the correspondence of Barillon.

Fox, 135; Mazure, ii. 22. The nuncio, M. d'Adda, was a moderate man,

and united with the moderate catholic peers, Bellasis, Arundel, and

Powis. _Id._ 127. This party urged the king to keep on good terms with

the Prince of Orange, and to give way about the test. _Id._ 184, 255.

They were disgusted at Father Petre's introduction into the privy

council; 308, 353. But it has ever been the misfortune of that

respectable body to suffer unjustly for the follies of a few. Barillon

admits, very early in James's reign, that many of them disliked the

arbitrary proceedings of the court; "ils prétendent être bons Anglois,

c'est-à-dire, ne pas désirer que le roi d'Angleterre ôte à la nation

ses privilèges et ses libertés." Mazure, i. 404.

William openly declared his willingness to concur in taking off the

penal laws, provided the test might remain. Burnet, 694; Dalrymple,

184; Mazure, ii. 216, 250, 346. James replied that he must have all or

nothing. _Id._ 353.

[108] I do not know that this intrigue has been brought to light

before the recent valuable publication of M. Mazure, certainly not

with such full evidence. See i. 417; ii. 128, 160, 165, 167, 182, 188,

192. Barillon says to his master in one place: "C'est une matière fort

délicate à traiter. Je sais pourtant qu'on en parle au roi

d'Angleterre; et qu'avec le temps on ne désespère pas de trouver des

moyens pour faire passer la couronne sur la tête d'un heritier

catholique. Il faut pour cela venir à bout de beaucoup des choses qui

ne sont encore que commencées."

[109] Burnet, Dalrymple, Mazure.

[110] The correspondence began by an affectedly obscure letter of Lady

Sunderland to the Prince of Orange, dated March 7, 1687. Dalrymple,

187. The meaning, however, cannot be misunderstood. Sunderland himself

sent a short letter of compliment by Dykvelt, May 28, referring to

what that envoy had to communicate. Churchill, Nottingham, Rochester,

Devonshire, and others, wrote also by Dykvelt. Halifax was in

correspondence at the end of 1686.

[111] Sunderland does not appear, by the extracts from Barillon's

letters published by M. Mazure, to have been the adviser of the king's

most injudicious measures. He was united with the queen, who had more

moderation than her husband. It is said by Barillon that both he and

Petre were against the prosecution of the bishops, ii. 448. The king

himself ascribes this step to Jefferies, and seems to glance also at

Sunderland as its adviser. _Life of James_, ii. 156. He speaks more

explicitly as to Jefferies in Macpherson's _Extracts_, 151. Yet Lord

Clarendon's _Diary_, ii. 49, tends to acquit Jefferies. Probably the

king had nobody to blame but himself. One cause of Sunderland's

continuance in the apparent support of a policy which he knew to be

destructive was his poverty. He was in the pay of France, and even

importunate for its money. Mazure, 372; Dalrymple, 270 _et post_.

Louis only gave him half what he demanded. Without the blindest

submission to the king, he was every moment falling; and this drove

him in to a step as injudicious as it was unprincipled, his pretended

change of religion, which was not publicly made till June 1688, though

he had been privately reconciled, it is said (Mazure, ii. 463) more

than a year before by Father Petre.

[112] "This defection of those his majesty had hitherto put the

greatest confidence in [Clarendon and Rochester], and the sullen

disposition of the church of England party in general, made him think

it necessary to reconcile another; and yet he hoped to do it in such a

manner as not to disgust quite the church-man neither." _Life of

James_, ii. 102.

[113] _London Gazette_, March 18, 1687; Ralph, 945.

[114] Ralph, 943; Mazure, ii. 207.

[115] _London Gazette_, June 9, 1687. Shower had been knighted a

little before, on presenting, as recorder of London, an address from

the grand jury of Middlesex, thanking the king for his declaration.

_Id._ May 12.

[116] _London Gazette_ of 1687 and 1688, _passim_; Ralph, 946, 368.

These addresses grew more ardent after the queen's pregnancy became

known. They were renewed of course, after the birth of the Prince of

Wales. But scarce any appear after the expected invasion was

announced. The Tories (to whom add the dissenters) seem to have thrown

off the mask at once, and deserted the king whom they had so grossly

flattered, as instantaneously as parasites on the stage desert their

patron on the first tidings of his ruin.

The dissenters have been a little ashamed of their compliance with the

declaration, and of their silence in the popish controversy during

this reign. Neal, 755, 768; and see _Biogr. Brit._ art. Alsop. The best

excuses are, that they had been so harassed that it was not in human

nature to refuse a mitigation of suffering on almost any terms; that

they were by no means unanimous in their transitory support of the

court; and that they gladly embraced the first offers of an equal

indulgence held out to them by the church.

[117] "The king now finding that nothing which had the least

appearance of novelty, though never so well warranted by the

prerogative, would go down with the people, unless it had the

parliamentary stamp on it, resolved to try if he could get the penal

laws and test taken off by that authority." _Life of James_, ii. 134.

But it seems by M. Mazure's authorities, that neither the king nor

Lord Sunderland wished to convoke a parliament, which was pressed

forward by the eager catholics, ii. 399.

[118] _Life of James_, p. 139.

[119] Ralph, 965, 966. The object was to let in the dissenters. This

was evidently a desperate game: James had ever mortally hated the

sectaries as enemies to monarchy; and they were irreconcilably adverse

to all his schemes.

[120] Burnet; _Life of James_, 169; D'Oyly's _Life of Sancroft_, i.

326. Lord Halifax, as is supposed, published a letter of advice to the

dissenters, warning them against a coalition with the court, and

promising all indulgence from the church. Ralph, 950; _Somers Tracts_,

viii. 50.

[121] Ralph, 967; Lonsdale, p. 15. "It is to be observed," says the

author of this memoir, "that most part of the offices in the nation,

as justices of the peace, deputy-lieutenants, mayors, aldermen, and

freemen of towns, are filled with Roman catholics and dissenters,

after having suffered as many regulations as were necessary for that

purpose. And thus stands the state of this nation in this month of

September 1688."--P. 34. Notice is given in the _London Gazette_ for

December 11, 1687, that the lists of justices and deputy-lieutenants

would be revised.

[122] _Life of James_, 183.

[123] Mazure, ii. 302.

[124] The reader will find almost everything relative to the subject

in that incomparable repertory, the _State Trials_, xii. 1; also some

notes in the Oxford edition of Burnet.

[125] Parker's _Reasons for Abrogating the Test_ are written in such a

tone as to make his readiness to abandon the protestant side very

manifest, even if the common anecdotes of him should be exaggerated.

[126] It seems, however, confirmed by Mazure, ii. 390, with the

addition, that Petre, like a second Wolsey, aspired also to be

chancellor. The pope, however, would not make him a bishop, against

the rules of the order of jesuits to which he belonged. _Id._ 241.

James then tried, through Lord Castlemain, to get him a cardinal's

hat, but with as little success.

[127] "Above twenty years together," says Sir Roger L'Estrange,

perhaps himself a disguised catholic, in his reply to the reasons of

the clergy of the diocese of Oxford against petitioning (_Somers

Tracts_, viii. 45), "without any regard to the nobility, gentry, and

commonalty, our clergy have been publishing to the world that the king

can do greater things than are done in his declaration; but now the

scene is altered, and they are become more concerned to maintain their

reputation even with the commonalty than with the king." See also in

the same volume, p. 19. "A remonstrance from the church of England to

both houses of parliament," 1685; and p. 145, "A new test of the

church of England's loyalty;" both, especially the latter, bitterly

reproaching her members for their apostacy from former professions.

[128] Ralph, 982.

[129] See _State Trials_, xii. 183; D'Oyly's _Life of Sancroft_, i.

250.

[130] Fox, App. 29; Dalrymple, 107; Mazure, i. 396, 433.

[131] Several proofs of this occur in the course of M. Mazure's work.

When the Dutch ambassador, Van Citers, showed him a paper, probably

forged to exasperate him, but purporting to be written by some

catholics, wherein it was said that it would be better for the people

to be vassals of France than slaves of the devil, he burst out into

rage. "Jamais! non, jamais! je ne ferai rien qui me puisse mettre au

dessous des rois de France et d'Espagne. Vassal, vassal de la France!"

s'écria-t-il avec emportement. "Monsieur! si le parlement avoit voulu,

s'il vouloit encore, j'aurois porté, je porterois encore la monarchie

a un de considération qu'elle n'a jamais eu sous aucune des rois mes

prédécesseurs, et votre état y trouveroit peut-être sa propre

sécurité.'" Vol. ii. 165. Sunderland said to Barillon, "Le roi

d'Angleterre se reproche de ne pas être en Europe tout ce qu'il devoit

être; et souvent il se plaint que le roi votre maître n'a pas pour lui

assez de considération." _Id._ 313. On the other hand, Louis was much

mortified that James made so few applications for his aid. His hope

seems to have been that by means of French troops, or troops at least

in his pay, he should get a footing in England; and this was what the

other was too proud and jealous to permit. "Comme le roi," he said, in

1687, "ne doute pas de mon affection et du désir que j'ai de voir la

religion catholique bien établie en Angleterre, il faut croire qu'il

se trouve assez de force et d'autorité pour exécuter ses desseins,

puis-qu'il n'a pas recours à moi."--P. 258; also 174, 225, 320.

[132] James affected the same ceremonial as the King of France, and

received the latter's ambassador sitting and covered. Louis only said,

smiling, "Le roi mon frère est fier, mais il aime assez les pistoles

de France." Mazure, i. 423. A more extraordinary trait of James's

pride is mentioned by Dangeau, whom I quote from the _Quarterly

Review_, xix. 470. After his retirement to St. Germains, he wore

violets in court mourning; which, by etiquette, was confined to the

kings of France. The courtiers were a little astonished to see _solem

geminum_, though not at a loss where to worship. Louis, of course, had

too much magnanimity to express resentment. But what a picture of

littleness of spirit does this exhibit in a wretched pauper, who could

only escape by the most contemptible insignificance the charge of most

ungrateful insolence!

[133] Mazure, iii. 50. James was so much out of humour at D'Avaux's

interference, that he asked his confidents, "if the King of France

thought he could treat him like the cardinal of Furstenburg," a

creature of Louis XIV. whom he had set up for the electorate of

Cologne. _Id._ 69. He was in short so much displeased with his own

ambassador at the Hague, Skelton, for giving into his declaration of

D'Avaux, that he not only recalled but sent him to the Tower. Burnet

is therefore mistaken (p. 768) in believing that there was actually an

alliance, though it was very natural that he should give credit to

what an ambassador asserted in a matter of such importance. In fact, a

treaty was signed between James and Louis, Sept. 13, by which some

French ships were to be under the former's orders. Mazure, iii. 67.

[134] Louis continued to find money, though despising James and

disgusted with him, probably with a view to his own grand interests.

He should, nevertheless, have declared war against Holland in October,

which must have put a stop to the armament. But he had discovered that

James with extreme meanness had privately offered, about the end of

September, to join the alliance against him as the only resource. This

wretched action is first brought to light by M. Mazure, iii. 104. He

excused himself to the King of France by an assurance that he was not

acting sincerely towards Holland. Louis, though he gave up his

intention of declaring war, behaved with great magnanimity and

compassion towards the falling bigot.

[135] Halifax all along discouraged the invasion, pointing out that

the king made no progress in his schemes. Dalrymple, _passim_.

Nottingham said he would keep the secret, but could not be a party to

a treasonable undertaking. _Id._ 228; Burnet, 764; and wrote as late

as July to advise delay and caution. Notwithstanding the splendid

success of the opposite counsels, it would be judging too servilely by

the event not to admit that they were tremendously hazardous.

[136] The invitation to William seems to have been in debate some time

before the Prince of Wales's birth; but it does not follow that it

would have been despatched if the queen had borne a daughter; nor do I

think that it should have been.

[137] Ralph, 980; Mazure, ii. 367.

[138] Dalrymple, 216, 228. The prince was urged in the memorial of the

seven to declare the fraud of the queen's pregnancy to be one of the

grounds of his expedition. He did this: and it is the only part of his

declaration that is false.

[139] _State Trials_, xii. 151. Mary put some very sensible questions

to her sister, which show her desire of reaching the truth in so

important a matter. They were answered in a style which shows that

Anne did not mean to lessen her sister's suspicions. Dalrymple, 305.

Her conversation with Lord Clarendon on this subject, after the

depositions had been taken, is a proof that she had made up her mind

not to be convinced. Henry Earl of Clarendon's _Diary_, 77, 79; _State

Trials_, ubi supra.

[140] M. Mazure has collected all the passages in the letters of

Barillon and Bonrepos to the court of France relative to the queen's

pregnancy (ii. 366); and those relative to the birth of the Prince of

Wales. P. 547. It is to be observed that this took place more than a

month before the time expected.

[141] Montesquieu.

[142] Some short pamphlets, written at this juncture to excite

sympathy for the king, and disapprobation of the course pursued with

respect to him, are in the Somers Collection, vol. ix. But this force

put upon their sovereign first wounded the consciences of Sancroft and

the other bishops, who had hitherto done as much as in their station

they well could to ruin the king's cause and paralyse his arms.

Several modern writers have endeavoured to throw an interest about

James at the moment of his fall, either from a lurking predilection

for all legitimately crowned heads, or from a notion that it becomes a

generous historian to excite compassion for the unfortunate. There can

be no objection to pitying James, if this feeling is kept unmingled

with any blame of those who were the instruments of this misfortune.

It was highly expedient for the good of this country, because the

revolution settlement could not otherwise be attained, to work on

James's sense of his deserted state by intimidation; and for that

purpose the order conveyed by three of his own subjects, perhaps with

some rudeness of manner, to leave Whitehall was necessary. The drift

of several accounts of the revolution that may be read is to hold

forth Mulgrave, Craven, Arran, and Dundee to admiration, at the

expense of William and of those who achieved the great consolidation

of English liberty.

[143] _Parl. Hist._ v. 26. The former address on the king's first

quitting London, signed by the peers and bishops, who met at

Guildhall, Dec. 11, did not, in express terms, desire the Prince of

Orange to assume the government, or to call a parliament, though it

evidently tended to that result, censuring the king and extolling the

prince's conduct. _Id._ 19. It was signed by the archbishop, his last

public act. Burnet has exposed himself to the lash of Ralph by stating

this address of Dec. 11 incorrectly.

[144] Commons' Journals; _Parl. Hist._

[145] Somerville and several other writers have not accurately stated

the question; and suppose the Lords to have debated whether the

throne, on the hypothesis of its vacancy, should be filled by a king

or a regent. Such a mode of putting the question would have been

absurd. I observe that M. Mazure has been deceived by these

authorities.

[146] _Parl. Hist._ 61. The chief speakers on this side were old Sir

Thomas Clarges, brother-in-law of General Monk, who had been

distinguished as an opponent of administration under Charles and

James, and Mr. Finch, brother of Lord Nottingham, who had been

solicitor-general to Charles, but was removed in the late reign.

[147] James is called "the late king" in a resolution of the Lords on

Feb. 2.

[148] 13 Car. II. c. i.; 17 Car. II. c. ii.

[149] This was carried by sixty-two to forty-seven, according to Lord

Clarendon; several of the tories going over, and others who had been

hitherto absent coming down to vote. Forty peers protested, including

twelve bishops, out of seventeen present. Trelawney, who had voted

against the regency, was one of them; but not Compton, Lloyd of St.

Asaph, Crewe, Sprat, or Hall; the three former, I believe, being in

the majority. Lloyd had been absent when the vote passed against a

regency, out of unwillingness to disagree with the majority of his

brethren; but he was entirely of Burnet's mind. The votes of the

bishops are not accurately stated in most books; which has induced me

to mention them here. Lords' Journals, Feb. 6.

[150] It had been resolved, Jan. 29, that before the committee proceed

to fill the throne now vacant, they will proceed to secure our

religion, laws, and liberties.

[151] See Burnet's remarkable conversation with Bentinck, wherein the

former warmly opposed the settlement of the crown on the Prince of

Orange alone, as Halifax had suggested. But nothing in it is more

remarkable than that the bishop does not perceive that this was

virtually done; for it would be difficult to prove that Mary's royalty

differed at all from that of a queen consort, except in having her

name in the style. She was exactly in the same predicament as Philip

had been during his marriage with Mary I. Her admirable temper made

her acquiesce in this exclusion from power, which the sterner

character of her husband demanded; and with respect to the conduct of

the convention, it must be observed that the nation owed her no

particular debt of gratitude, nor had she any better claim than her

sister to fill a throne by election, which had been declared vacant.

In fact, there was no middle course between what was done, and

following the precedent of Philip, as to which Bentinck said, he

fancied the Prince would not like to be his wife's gentleman usher;

for a divided sovereignty was a monstrous and impracticable expedient

in theory, however the submissive disposition of the queen might have

prevented its mischiefs. Burnet seems to have had a puzzled view of

this; for he says afterwards, "it seemed to be a double-bottomed

monarchy, where there were two joint sovereigns; but those who know

the queen's temper and principles had no apprehensions of divided

counsels, or of a distracted government." Vol. ii. 2. The convention

had not trusted to the queen's temper and principles. It required a

distinct act of parliament (2 W. and M. c. 6) to enable her to

exercise the regal power during the king's absence from England.

Constitutional History of England, Henry VII to George II. Volume 3 of 3 · 第 3 / 12 章