CHAPTER II.

Accession of James II.--His declaration in council; acceptable to the

nation--Arbitrary designs of his reign--Former ministers continued--Money

transactions with France--Revenue levied without authority of

Parliament--Persecution of Dissenters--Character of Jeffreys--The King's

affectation of independence--Advances to the Prince of Orange--The

primary object of this reign--Transactions in Scotland--Severe

persecutions there--Scottish Parliament--Cruelties of government--English

Parliament; its proceedings--Revenue--Votes concerning religion--Bill for

preservation of the King's person--Solicitude for the Church of

England--Reversal of Stafford's attainder rejected--Parliament

adjourned--Character of the Tories--Situation of the Whigs.

Charles II. expired on the 6th of February, 1684-85, and on the same day

his successor was proclaimed king in London, with the usual formalities,

by the title of James the Second. The great influence which this prince

was supposed to have possessed in the government during the latter years

of his brother's reign, and the expectation which was entertained in

consequence, that his measures, when monarch, would be of the same

character and complexion with those which he was known to have highly

approved, and of which he was thought by many to have been the principal

author, when a subject left little room for that spirit of speculation

which generally attends a demise of the crown. And thus an event, which

when apprehended a few years before had, according to a strong expression

of Sir William Temple, been looked upon as the end of the world, was now

deemed to be of small comparative importance.

Its tendency, indeed, was rather to ensure perseverance than to effect

any change in the system which had been of late years pursued. As there

are, however, some steps indispensably necessary on the accession of a

new prince to the throne, to these the public attention was directed, and

though the character of James had been long so generally understood as to

leave little doubt respecting the political maxims and principles by

which his reign would be governed, there was probably much curiosity, as

upon such occasions there always is, with regard to the conduct he would

pursue in matters of less importance, and to the general language and

behaviour which he would adopt in his new situation. His first step was,

of course, to assemble the privy council, to whom he spoke as follows:--

"Before I enter upon any other business, I think fit to say something to

you. Since it hath pleated Almighty God to place me in this station, and

I am now to succeed so good and gracious a king, as well as so very kind

a brother, I think it fit to declare to you that I will endeavour to

follow his example, and most especially in that of his great clemency and

tenderness to his people. I have been reported to be a man for arbitrary

power; but that is not the only story that has been made of me; and I

shall make it my endeavour to preserve this government, both in Church

and State, as it is now by law established. I know the principles of the

Church of England are for monarchy, and the members of it have shown

themselves good and loyal subjects; therefore I shall always take care to

defend and support it. I know, too, that the laws of England are

sufficient to make the king as great a monarch as I can wish; and as I

shall never depart from the just rights and prerogatives of the crown, so

I shall never invade any man's property. I have often heretofore

ventured my life in defence of this nation and I shall go as far as any

man in preserving it in all its just rights and liberties."

With this declaration the council were so highly satisfied, that they

supplicated his majesty to make it public, which was accordingly done;

and it is reported to have been received with unbounded applause by the

greater part of the nation. Some, perhaps, there were, who did not think

the boast of having ventured his life very manly, and who, considering

the transactions of the last years of Charles's reign, were not much

encouraged by the promise of imitating that monarch in clemency and

tenderness to his subjects. To these it might appear, that whatever

there was of consolatory in the king's disclaimer of arbitrary power and

professed attachment to the laws, was totally done away, as well by the

consideration of what his majesty's notions of power and law were, as by

his declaration that he would follow the example of a predecessor, whose

government had not only been marked with the violation, in particular

cases, of all the most sacred laws of the realm, but had latterly, by the

disuse of parliaments, in defiance of the statute of the sixteenth year

of his reign, stood upon a foundation radically and fundamentally

illegal. To others it might occur that even the promise to the Church of

England, though express with respect to the condition of it, which was no

other than perfect acquiescence in what the king deemed to be the true

principles of monarchy, was rather vague with regard to the nature or

degree of support to which the royal speaker might conceive himself

engaged. The words, although in any interpretation of them they conveyed

more than he possibly ever intended to perform, did by no means express

the sense which at that time, by his friends, and afterwards by his

enemies, was endeavoured to be fixed on them. There was, indeed, a

promise to support the establishment of the Church, and consequently the

laws upon which that establishment immediately rested; but by no means an

engagement to maintain all the collateral provisions which some of its

more zealous members might judge necessary for its security.

But whatever doubts or difficulties might be felt, few or none were

expressed. The Whigs, as a vanquished party, were either silent or not

listened to, and the Tories were in a temper of mind which does not

easily admit suspicion. They were not more delighted with the victory

they had obtained over their adversaries, than with the additional

stability which, as they vainly imagined, the accession of the new

monarch was likely to give to their system. The truth is that, his

religion excepted (and that objection they were sanguine enough to

consider as done away by a few gracious words in favour of the Church),

James was every way better suited to their purpose than his brother. They

had entertained continual apprehensions, not perhaps wholly unfounded, of

the late king's returning kindness to Monmouth, the consequences of which

could not easily be calculated; whereas, every occurrence that had

happened, as well as every circumstance in James's situation, seemed to

make him utterly irreconcilable with the Whigs. Besides, after the

reproach, as well as alarm, which the notoriety of Charles's treacherous

character must so often have caused them, the very circumstance of having

at their head a prince, of whom they could with any colour hold out to

their adherents that his word was to be depended upon, was in itself a

matter of triumph and exultation. Accordingly, the watchword of the

party was everywhere--"We have the word of a king, and a word never yet

broken;" and to such a length was the spirit of adulation, or perhaps the

delusion, carried, that this royal declaration was said to be a better

security for the liberty and religion of the nation than any which the

law could devise.

The king, though much pleased, no doubt, with the popularity which seemed

to attend the commencement of his reign, as a powerful medium for

establishing the system of absolute power, did not suffer himself, by any

show of affection from his people, to be diverted from his design of

rendering his government independent of them. To this design we must

look as the mainspring of all his actions at this period; for with regard

to the Roman Catholic religion, it is by no means certain that he yet

thought of obtaining for it anything more than a complete toleration.

With this view, therefore, he could not take a more judicious resolution

than that which he had declared in his speech to the privy council, and

to which he seems, at this time, to have steadfastly adhered, of making

the government of his predecessor the model for his own. He therefore

continued in their offices, notwithstanding the personal objections he

might have to some of them, those servants of the late king, during whose

administration that prince had been so successful in subduing his

subjects, and eradicating almost from the minds of Englishmen every

sentiment of liberty.

Even the Marquis of Halifax, who was supposed to have remonstrated

against many of the late measures, and to have been busy in recommending

a change of system to Charles, was continued in high employment by James,

who told him that, of all his past conduct, he should remember only his

behaviour upon the exclusion bill, to which that nobleman had made a

zealous and distinguished opposition; a handsome expression, which has

been the more noticed, as well because it is almost the single instance

of this prince's showing any disposition to forget injuries, as on

account of a delicacy and propriety in the wording of it, by no means

familiar to him.

Lawrence Hyde, Earl of Rochester, whom he appointed lord treasurer, was

in all respects calculated to be a fit instrument for the purposes then

in view. Besides being upon the worst terms with Halifax, in whom alone,

of all his ministers, James was likely to find any bias in favour of

popular principles, he was, both from prejudice of education, and from

interest, inasmuch as he had aspired to be the head of the Tories, a

great favourer of those servile principles of the Church of England which

had been lately so highly extolled from the throne. His near relation to

the Duchess of York might also be some recommendation, but his privity to

the late pecuniary transactions between the courts of Versailles and

London, and the cordiality with which he concurred in them, were by far

more powerful titles to his new master's confidence. For it must be

observed of this minister, as well as of many others of his party, that

his _high_ notions, as they are frequently styled, of power, regarded

only the relation between the king and his subjects, and not that in

which he might stand with respect to foreign princes; so that, provided

he could, by a dependence, however servile, upon Louis XIV., be placed

above the control of his parliament and people at home, he considered the

honour of the crown unsullied.

Robert Spencer, Earl of Sunderland, who was continued as secretary of

state, had been at one period a supporter of the exclusion bill, and had

been suspected of having offered the Duchess of Portsmouth to obtain the

succession to the crown for her son, the Duke of Richmond. Nay more,

King James, in his "Memoirs," charges him with having intended, just at

the time of Charles's death, to send him into a second banishment; but

with regard to this last point, it appears evident to me, that many

things in those "Memoirs," relative to this earl, were written after

James's abdication, and in the greatest bitterness of spirit, when he was

probably in a frame of mind to believe anything against a person by whom

he conceived himself to have been basely deserted. The reappointment,

therefore, of this nobleman to so important an office, is to be accounted

for partly upon the general principle above-mentioned, of making the new

reign a mere continuation of the former, and partly upon Sunderland's

extraordinary talents for ingratiating himself with persons in power, and

persuading them that he was the fittest instrument for their purposes; a

talent in which he seems to have surpassed all the intriguing statesmen

of his time, or perhaps of any other.

An intimate connection with the court of Versailles being the principal

engine by which the favourite project of absolute monarchy was to be

effected, James, for the purpose of fixing and cementing that connection,

sent for M. de Barillon, the French ambassador, the very day after his

accession, and entered into the most confidential discourse with him. He

explained to him his motives for intending to call a parliament, as well

as his resolution to levy by authority the revenue which his predecessor

had enjoyed in virtue of a grant of parliament which determined with his

life. He made general professions of attachment to Louis, declared that

in all affairs of importance it was his intention to consult that

monarch, and apologised, upon the ground of the urgency of the case, for

acting in the instance mentioned without his advice. Money was not

directly mentioned, owing, perhaps, to some sense of shame upon that

subject, which his brother had never experienced; but lest there should

be a doubt whether that object were implied in the desire of support and

protection, Rochester was directed to explain the matter more fully, and

to give a more distinct interpretation of these general terms.

Accordingly, that minister waited the next morning upon Barillon, and

after having repeated and enlarged upon the reasons for calling a

parliament, stated, as an additional argument in defence of the measure,

that without it his master would become too chargeable to the French

king; adding, however, that the assistance which might be expected from a

parliament, did not exempt him altogether from the necessity of resorting

to that prince for pecuniary aids; for that without such, he would be at

the mercy of his subjects, and that upon this beginning would depend the

whole fortune of the reign. If Rochester actually expressed himself as

Barillon relates, the use intended to be made of parliament cannot but

cause the most lively indignation, while it furnishes a complete answer

to the historians who accuse the parliaments of those days of

unseasonable parsimony in their grants to the Stuart kings; for the

grants of the people of England were not destined, it seems, to enable

their kings to oppose the power of France, or even to be independent of

her, but to render the influence which Louis was resolved to preserve in

this country less chargeable to him, by furnishing their quota to the

support of his royal dependant.

The French ambassador sent immediately a detailed account of these

conversations to his court, where, probably, they were not received with

the less satisfaction on account of the request contained in them having

been anticipated. Within a very few days from that in which the latter

of them had passed, he was empowered to accompany the delivery of a

letter from his master, with the agreeable news of having received from

him bills of exchange to the amount of five hundred thousand livres, to

be used in whatever manner might be convenient to the king of England's

service. The account which Barillon gives, of the manner in which this

sum was received, is altogether ridiculous: the king's eyes were full of

tears, and three of his ministers, Rochester, Sunderland, and Godolphin,

came severally to the French ambassador, to express the sense their

master had of the obligation, in terms the most lavish. Indeed,

demonstrations of gratitude from the king directly, as well as through

his ministers, for this supply were such, as if they had been used by

some unfortunate individual, who, with his whole family, had been saved,

by the timely succour of some kind and powerful protector, from a gaol

and all its horrors, would be deemed rather too strong than too weak.

Barillon himself seems surprised when he relates them; but imputes them

to what was probably their real cause, to the apprehensions that had been

entertained (very unreasonable ones!) that the king of France might no

longer choose to interfere in the affairs of England, and consequently

that his support could not be relied on for the grand object of

assimilating this government to his own.

If such apprehensions did exist, it is probable that they were chiefly

owing to the very careless manner, to say the least, in which Louis had

of late fulfilled his pecuniary engagements to Charles, so as to amount,

in the opinion of the English ministers, to an actual breach of promise.

But the circumstances were in some respects altered. The French king had

been convinced that Charles would never call a parliament; nay, further

perhaps, that if he did, he would not be trusted by one; and considering

him therefore entirely in his power, acted from that principle in

insolent minds which makes them fond of ill-treating and insulting those

whom they have degraded to a dependence on them. But James would

probably be obliged at the commencement of a new reign to call a

parliament, and if well used by such a body, and abandoned by France,

might give up his project of arbitrary power, and consent to govern

according to the law and constitution. In such an event, Louis easily

foresaw, that, instead of a useful dependent, he might find upon the

throne of England a formidable enemy. Indeed, this prince and his

ministers seem all along, with a sagacity that does them credit, to have

foreseen, and to have justly estimated, the dangers to which they would

be liable, if a cordial union should ever take place between a king of

England and his parliament, and the British councils be directed by men

enlightened and warmed by the genuine principles of liberty. It was

therefore an object of great moment to bind the new king, as early as

possible, to the system of dependency upon France; and matter of less

triumph to the court of Versailles to have retained him by so moderate a

fee, than to that of London to receive a sum which, though small, was

thought valuable, no as an earnest of better wages and future protection.

It had for some time been Louis's favourite object to annex to his

dominion what remained of the Spanish Netherlands, as well on account of

their own intrinsic value, as to enable him to destroy the United

Provinces and the Prince of Orange; and this object Charles had bound

himself, by treaty with Spain, to oppose. In the joy, therefore,

occasioned by this noble manner of proceeding (for such it was called by

all the parties concerned), the first step was to agree, without

hesitation, that Charles's treaty with Spain determined with his life, a

decision which, if the disregard that had been shown to it did not render

the question concerning it nugatory, it would be difficult to support

upon any principles of national law or justice. The manner in which the

late king had conducted himself upon the subject of this treaty, that is

to say, the violation of it, without formally renouncing it, was gravely

commended, and stated to be no more than what might justly be expected

from him; but the present king was declared to be still more free, and in

no way bound by a treaty, from the execution of which his brother had

judged himself to be sufficiently dispensed. This appears to be a nice

distinction, and what that degree of obligation was, from which James was

exempt, but which had lain upon Charles, who neither thought himself

bound, nor was expected by others to execute the treaty, it is difficult

to conceive.

This preliminary being adjusted, the meaning of which, through all this

contemptible shuffling, was, that James, by giving up all concern for the

Spanish Netherlands, should be at liberty to acquiesce in, or to second,

whatever might be the ambitious projects of the court of Versailles, it

was determined that Lord Churchill should be sent to Paris to obtain

further pecuniary aids. But such was the impression made by the

frankness and generosity of Louis, that there was no question of

discussing or capitulating, but everything was remitted to that prince,

and to the information his ministers might give him, respecting the

exigency of affairs in England. He who had so handsomely been

beforehand, in granting the assistance of five hundred thousand livres,

was only to be thanked for past, not importuned for future, munificence.

Thus ended, for the present, this disgusting scene of iniquity and

nonsense, in which all the actors seemed to vie with each other in

prostituting the sacred names of friendship, generosity, and gratitude,

in one of the meanest and most criminal transactions which history

records.

The principal parties in the business, besides the king himself, to whose

capacity, at least, if not to his situation it was more suitable, and

Lord Churchill, who acted as an inferior agent, were Sunderland,

Rochester, and Godolphin, all men of high rank and considerable

abilities, but whose understandings, as well as their principles, seem to

have been corrupted by the pernicious schemes in which they were engaged.

With respect to the last-mentioned nobleman in particular, it is

impossible, without pain, to see him engaged in such transactions. With

what self-humiliation must he not have reflected upon them in subsequent

periods of his life! How little could Barillon guess that he was

negotiating with one who was destined to be at the head of an

administration which, in a few years, would send the same Lord Churchill

not to Paris, to implore Louis for succours towards enslaving England, or

to thank him for pensions to her monarch, but to combine all Europe

against him in the cause of liberty, to rout his armies, to take his

towns, to humble his pride, and to shake to the foundation that fabric of

power which it had been the business of a long life to raise, at the

expense of every sentiment of tenderness to his subjects, and of justice

and good faith to foreign nations. It is with difficulty the reader can

persuade himself that the Godolphin and Churchill here mentioned are the

same persons who were afterwards one in the cabinet, one in the field,

the great conductors of the war of the succession. How little do they

appear in one instance! how great in the other! And the investigation of

the cause to which this excessive difference is principally owing, will

produce a most useful lesson. Is the difference to be attributed to any

superiority of genius in the prince whom they served in the latter period

of their lives? Queen Anne's capacity appears to have been inferior even

to her father's. Did they enjoy in a greater degree her favour and

confidence? The very reverse is the fact. But in one case they were the

tools of a king plotting against his people; in the other, the ministers

of a free government acting upon enlarged principles, and with energies

which no state that is not in some degree republican can supply. How

forcibly must the contemplation of these men, in such opposite

situations, teach persons engaged in political life that a free and

popular government is desirable, not only for the public good, but for

their own greatness and consideration, for every object of generous

ambition!

The king having, as has been related, first privately communicated his

intentions to the French ambassador, issued proclamations for the meeting

of parliament, and for levying, upon his sole authority, the customs and

other duties which had constituted part of the late king's revenue, but

to which, the acts granting them having expired with the prince, James

was not legally entitled. He was advised by Lord Guildford, whom he had

continued in the office of keeper of the great seal, and who upon such a

subject, therefore, was a person likely to have the greatest weight, to

satisfy himself with directing the money to be kept in the exchequer for

the disposal of parliament, which was shortly to meet; and by others, to

take bonds from the merchants for the duties, to be paid when parliament

should legalise them. But these expedients were not suited to the king's

views, who, as well on account of his engagement with France, as from his

own disposition, was determined to take no step that might indicate an

intention of governing by parliaments, or a consciousness of his being

dependent upon them for his revenue, he adopted, therefore, the advice of

Jeffreys, advice not resulting so much, probably, either from ignorance

or violence of disposition, as from his knowledge that it would be most

agreeable to his master, and directed the duties to be paid as in the

former reign. It was pretended, that an interruption in levying some of

the duties might be hurtful to trade; but as every difficulty of that

kind was obviated by the expedients proposed, this arbitrary and violent

measure can with no colour be ascribed to a regard to public convenience,

nor to any other motive than to a desire of reviving Charles I.'s claims

to the power of taxation, and of furnishing a most intelligible comment

upon his speech to the council on the day of his accession. It became

evident what the king's notions were, with respect to that regal

prerogative from which he professed himself determined never to depart,

and to that property which he would never invade. What were the

remaining rights and liberties of the nation, which he was to preserve,

might be more difficult to discover; but that the laws of England, in the

royal interpretation of them, were sufficient to make the king as great a

monarch as he, or, indeed, any prince could desire, was a point that

could not be disputed. This violation of law was in itself most

flagrant; it was applied to a point well understood, and thought to have

been so completely settled by repeated and most explicit declarations of

the legislature, that it must have been doubtful whether even the most

corrupt judges, if the question had been tried, would have had the

audacity to decide it against the subject. But no resistance was made;

nor did the example of Hampden, which a half century before had been so

successful, and rendered that patriot's name so illustrious, tempt any

one to emulate his fame, so completely had the crafty and sanguinary

measures of the late reign attained the object to which they were

directed, and rendered all men either afraid or unwilling to exert

themselves in the cause of liberty.

On the other hand, addresses the most servile were daily sent to the

throne. That of the University of Oxford stated that the religion which

they professed bound them to unconditional obedience to their sovereign

without restrictions or limitations; and the Society of Barristers and

Students of the Middle Temple thanked his majesty for the attention he

had shown to the trade of the kingdom, concerning which, and its balance

(and upon this last article they laid particular stress), they seemed to

think themselves peculiarly called upon to deliver their opinion. But

whatever might be their knowledge in matters of trade, it was at least

equal to that which these addressers showed in the laws and constitution

of their country, since they boldly affirmed the king's right to levy the

duties, and declared that it had never been disputed but by persons

engaged, in what they were pleased to call rebellion against his royal

father. The address concluded with a sort of prayer that all his

majesty's subjects might be as good lawyers as themselves, and disposed

to acknowledge the royal prerogative in all its extent.

If these addresses are remarkable for their servility, that of the

gentlemen and freeholders of the county of Suffolk was no less so for the

spirit of party violence that was displayed in it. They would take care,

they said, to choose representatives who should no more endure those who

had been for the Exclusion Bill, than the last parliament had the

abhorrers of the association; and thus not only endeavoured to keep up

his majesty's resentment against a part of their fellow-subjects, but

engaged themselves to imitate, for the purpose of retaliation, that part

of the conduct of their adversaries which they considered as most illegal

and oppressive.

It is a remarkable circumstance, that among all the adulatory addresses

of this time, there is not to be found, in any one of them, any

declaration of disbelief in the popish plot, or any charge upon the late

parliament for having prosecuted it, though it could not but be well

known that such topics would, of all others, be most agreeable to the

court. Hence we may collect that the delusion on this subject was by no

means at an end, and that they who, out of a desire to render history

conformable to the principles of poetical justice, attribute the

unpopularity and downfall of the Whigs to the indignation excited by

their furious and sanguinary prosecution of the plot, are egregiously

mistaken. If this had been in any degree the prevailing sentiment, it is

utterly unaccountable that, so far from its appearing in any of the

addresses of these times, this most just ground of reproach upon the Whig

party, and the parliament in which they had had the superiority, was the

only one omitted in them. The fact appears to have been the very reverse

of what such historians suppose, and that the activity of the late

parliamentary leaders, in prosecuting the popish plot, was the principal

circumstance which reconciled the nation, for a time, to their other

proceedings; that their conduct in that business (now so justly

condemned) was the grand engine of their power, and that when that

failed, they were soon overpowered by the united forces of bigotry and

corruption. They were hated by a great part of the nation, not for their

crimes, but for their virtues. To be above corruption is always odious

to the corrupt, and to entertain more enlarged and juster notions of

philosophy and government, is often a cause of alarm to the narrow-minded

and superstitious. In those days particularly it was obvious to refer to

the confusion, greatly exaggerated of the times of the commonwealth; and

it was an excellent watchword of alarm, to accuse every lover of law and

liberty of designs to revive the tragical scene which had closed the life

of the first Charles. In this spirit, therefore, the Exclusion Bill, and

the alleged conspiracies of Sidney and Russell, were, as might naturally

be expected, the chief charges urged against the Whigs; but their conduct

on the subject of the popish plot was so far from being the cause of the

hatred born to them, that it was not even used as a topic of accusation

against them.

In order to keep up that spirit in the nation, which was thought to be

manifested in the addresses, his majesty ordered the declaration, to

which allusion was made in the last chapter, to be published, interwoven

with a history of the Rye House Plot, which is said to have been drawn by

Dr. Spratt, Bishop of Rochester. The principal drift of this publication

was, to load the memory of Sidney and Russell, and to blacken the

character of the Duke of Monmouth, by wickedly confounding the

consultations holden by them with the plot for assassinating the late

king, and in this object it seems in a great measure to have succeeded.

He also caused to be published an attestation of his brother's having

died a Roman Catholic, together with two papers, drawn up by him, in

favour of that persuasion. This is generally considered to have been a

very ill-advised instance of zeal; but probably James thought, that at a

time when people seemed to be so in love with his power, he might safely

venture to indulge himself in a display of his attachment to his

religion; and perhaps, too, it might be thought good policy to show that

a prince, who had been so highly complimented as Charles had been, for

the restoration and protection of the Church, had, in truth, been a

Catholic, and thus to inculcate an opinion that the Church of England

might not only be safe, but highly favoured, under the reign of a popish

prince.

Partly from similar motives, and partly to gratify the natural

vindictiveness of his temper, he persevered in a most cruel persecution

of the Protestant dissenters, upon the most frivolous pretences. The

courts of justice, as in Charles's days, were instruments equally ready,

either for seconding the policy or for gratifying the bad passions of the

monarch; and Jeffreys, whom the late king had appointed chief justice of

England a little before Sidney's trial, was a man entirely agreeable to

the temper, and suitable to the purposes, of the present government. He

was thought not to be very learned in his profession; but what might be

wanting in knowledge he made up in positiveness; and, indeed, whatever

might be the difficulties in questions between one subject and another,

the fashionable doctrine, which prevailed at that time, of supporting the

king's prerogative in its full extent, and without restriction or

limitation, rendered, to such as espoused it, all that branch of law

which is called constitutional extremely easy and simple. He was as

submissive and mean to those above him as he was haughty and insolent to

those who were in any degree in his power; and if in his own conduct he

did not exhibit a very nice regard for morality, or even for decency, he

never failed to animadvert upon, and to punish, the most slight deviation

in others with the utmost severity, especially if they were persons whom

he suspected to be no favourites of the court.

Before this magistrate was brought for trial, by a jury sufficiently

prepossessed in favour of Tory politics, the Rev. Richard Baxter, a

dissenting minister, a pious and learned man, of exemplary character,

always remarkable for his attachment to monarchy, and for leaning to

moderate measures in the differences between the Church and those of his

persuasion. The pretence for this prosecution was a supposed reference

of some passages in one of his works to the bishops of the Church of

England; a reference which was certainly not intended by him, and which

could not have been made out to any jury that had been less prejudiced,

or under any other direction than that of Jeffreys. The real motive was,

the desire of punishing an eminent dissenting teacher, whose reputation

was high among his sect, and who was supposed to favour the political

opinions of the Whigs. He was found guilty, and Jeffreys, in passing

sentence upon him, loaded him with the coarsest reproaches and bitterest

taunts. He called him sometimes, by way of derision, a saint, sometimes,

in plainer terms, an old rogue; and classed this respectable divine, to

whom the only crime imputed was the having spoken disrespectfully of the

bishops of a communion to which he did not belong, with the infamous

Oates, who had been lately convicted of perjury. He finished with

declaring, that it was a matter of public notoriety that there was a

formed design to ruin the king and the nation, in which this old man was

the principal incendiary. Nor is it improbable that this declaration,

absurd as it was, might gain belief at a time when the credulity of the

triumphant party was at its height.

Of this credulity it seems to be no inconsiderable testimony, that some

affected nicety which James had shown with regard to the ceremonies to be

used towards the French ambassador, was highly magnified, and represented

to be an indication of the different tone that was to be taken by the

present king, in regard to foreign powers, and particularly to the court

of Versailles. The king was represented as a prince eminently jealous of

the national honour, and determined to preserve the balance of power in

Europe, by opposing the ambitious projects of France at the very time

when he was supplicating Louis to be his pensioner, and expressing the

most extravagant gratitude for having been accepted as such. From the

information which we now have, it appears that his applications to Louis

for money were incessant, and that the difficulties were all on the side

of the French court. Of the historians who wrote prior to the inspection

of the papers in the foreign office in France, Burnet is the only one who

seems to have known that James's pretensions of independency with respect

to the French king were (as he terms them) only a show; but there can now

be no reason to doubt the truth of the anecdote which he relates, that

Louis soon after told the Duke of Villeroy, that if James showed any

apparent uneasiness concerning the balance of power (and there is some

reason to suppose he did) in his conversations with the Spanish and other

foreign ambassadors, his intention was, probably, to alarm the court of

Versailles, and thereby to extort pecuniary assistance to a greater

extent; while, on the other hand, Louis, secure in the knowledge that his

views of absolute power must continue him in dependence upon France,

seems to have refused further supplies, and even in some measure to have

withdrawn those which had been stipulated, as a mark of his displeasure

with his dependant, for assuming a higher tone than he thought becoming.

Whether with a view of giving some countenance to those who were praising

him upon the above mentioned topic, or from what other motive it is now

not easy to conjecture, James seems to have wished to be upon apparent

good terms, at least, with the Prince of Orange; and after some

correspondence with that prince concerning the protection afforded by him

and the states-general to Monmouth, and other obnoxious persons, it

appears that he declared himself, in consequence of certain explanations

and concessions, perfectly satisfied. It is to be remarked, however,

that he thought it necessary to give the French ambassador an account of

this transaction, and in a manner to apologise to him for entering into

any sort of terms with a son-in-law, who was supposed to be hostile in

disposition to the French king. He assured Barillon that a change of

system on the part of the Prince of Orange in regard to Louis, should be

a condition of his reconciliation: he afterwards informed him that the

Prince of Orange had answered him satisfactorily in all other respects,

but had not taken notice of his wish that he should connect himself with

France; but never told him that he had, notwithstanding the prince's

silence on that material point, expressed himself completely satisfied

with him. That a proposition to the Prince of Orange, to connect himself

in politics with Louis would, if made, have been rejected, in the manner

in which the king's account to Barillon implies that it was, there can be

no doubt; but whether James ever had the assurance to make it is more

questionable; for as he evidently acted disingenuously with the

ambassador, in concealing from him the complete satisfaction he had

expressed of the Prince of Orange's present conduct, it is not

unreasonable to suppose that he deceived him still further, and pretended

to have made an application, which he had never hazarded.

However, the ascertaining of this fact is by no means necessary for the

illustration, either of the general history or of James's particular

character, since it appears that the proposition, if made, was rejected;

and James is, in any case, equally convicted of insincerity, the only

point in question being, whether he deceived the French ambassador, in

regard to the fact of his having made the proposition, or to the

sentiments he expressed upon its being refused. Nothing serves more to

show the dependence in which he considered himself to be upon Louis than

these contemptible shifts to which he condescended, for the purposes of

explaining and apologising for such parts of his conduct as might be

supposed to be less agreeable to that monarch than the rest. An English

parliament acting upon constitutional principles, and the Prince of

Orange, were the two enemies whom Louis most dreaded; and, accordingly,

whenever James found it necessary to make approaches to either of them,

an apology was immediately to be offered to the French ambassador, to

which truth sometimes and honour was always sacrificed.

Mr. Hume says the king found himself, by degrees, under the necessity of

falling into an union with the French monarch, who could alone assist him

in promoting the Catholic religion in England. But when that historian

wrote, those documents had not been made public, from which the account

of the communications with Barillon has been taken, and by which it

appears that a connection with France was, as well in point of time as in

importance, the first object of his reign, and that the immediate

specific motive to that connection was the same as that of his brother;

the desire of rendering himself independent of parliament, and absolute,

not that of establishing popery in England, which was considered as a

more remote contingency. That this was the case is evident from all the

circumstances of the transaction, and especially from the zeal with which

he was served in it by ministers who were never suspected of any leaning

towards popery, and not one of whom (Sunderland excepted) could be

brought to the measures that were afterwards taken in favour of that

religion. It is the more material to attend to this distinction, because

the Tory historians, especially such of them as are not Jacobites, have

taken much pains to induce us to attribute the violences and illegalities

of this reign to James's religion, which was peculiar to him, rather than

to that desire of absolute power which so many other princes have had,

have, and always will have, in common with him. The policy of such

misrepresentation is obvious. If this reign is to be considered as a

period insulated, as it were, and unconnected with the general course of

history, and if the events of it are to be attributed exclusively to the

particular character and particular attachments of the monarch, the sole

inference will be that we must not have a Catholic for our king; whereas,

if we consider it, which history well warrants us to do, as a part of

that system which had been pursued by all the Stuart kings, as well prior

as subsequent to the restoration, the lesson which it affords is very

different, as well as far more instructive. We are taught, generally,

the dangers Englishmen will always be liable to, if, from favour to a

prince upon the throne, or from a confidence, however grounded, that his

views are agreeable to our own notions of the constitution, we in any

considerable degree abate of that vigilant and unremitting jealousy of

the power of the crown, which can alone secure to us the effect of those

wise laws that have been provided for the benefit of the subject: and

still more particularly, that it is in vain to think of making a

compromise with power, and by yielding to it in other points, preserving

some favourite object, such, for instance, as the Church in James's case,

from its grasp.

Previous to meeting his English parliament, James directed a parliament

which had been summoned in the preceding reign, to assemble at Edinburgh,

and appointed the Duke of Queensbury his commissioner. This appointment

is, in itself, a strong indication that the king's views, with regard to

Scotland at least, were similar to those which I have ascribed to him in

England; and that they did not at that time extend to the introduction of

popery, but were altogether directed to the establishment of absolute

power as the _end_, and to the support of an episcopal church, upon the

model of the Church of England, as the _means_. For Queensbury had

explained himself to his majesty in the fullest manner upon the subject

of religion; and while he professed himself to be ready (as, indeed, his

conduct in the late reign had sufficiently proved) to go any length in

supporting royal power and in persecuting the Presbyterians, had made it

a condition of his services, that he might understand from his majesty

that there was no intention of changing the established religion; for if

such was the object, he could not make any one step with him in that

matter. James received this declaration most kindly, assured him he had

no such intention, and that he would have a parliament, to which he,

Queensbury, should go as commissioner, and giving all possible assurances

in the matter of religion, get the revenue to be settled, and such other

laws to be passed as might be necessary for the public safety. With

these promises the duke was not only satisfied at the time, but declared,

at a subsequent period, that they had been made in so frank and hearty a

manner, as made him conclude that it was impossible the king should be

acting a part. And this nobleman was considered, and is handed down to

us by contemporary writers, as a man of a penetrating genius, nor has it

ever been the national character of the country to which he belonged to

be more liable to be imposed upon than the rest of mankind.

The Scottish parliament met on the 23rd of April, and was opened by the

commissioner, with the following letter from the king:--

"My Lords and Gentlemen,--The many experiences we have had of the

loyalty and exemplary forwardness of that our ancient kingdom, by

their representatives in parliament assembled, in the reign of our

deceased and most entirely beloved brother of ever blessed memory,

made us desirous to call you at this time, in the beginning of our

reign, to give you an opportunity, not only of showing your duty to us

in the same manner, but likewise of being exemplary to others in your

demonstrations of affection to our person and compliance with our

desires, as you have most eminently been in times past, to a degree

never to be forgotten by us, nor (we hope) to be contradicted by your

future practices. That which we are at this time to propose unto you

is what is as necessary for your safety as our service, and what has a

tendency more to secure your own privileges and properties than the

aggrandising our power and authority (though in it consists the

greatest security of your rights and interests, these never having

been in danger, except when the royal power was brought too low to

protect them), which now we are resolved to maintain, in its greatest

lustre, to the end we may be the more enabled to defend and protect

your religion as established by law, and your rights and properties

(which was our design in calling this parliament) against fanatical

contrivances, murderers, and assassins, who having no fear of God,

more than honour for us, have brought you into such difficulties as

only the blessing of God upon the steady resolutions and actings of

our said dearest royal brother, and those employed by him (in

prosecution of the good and wholesome laws, by you heretofore

offered), could have saved you from the most horrid confusions and

inevitable ruin. Nothing has been left unattempted by those wild and

inhuman traitors for endeavouring to overturn your peace; and

therefore we have good reason to hope that nothing will be wanting in

you to secure yourselves and us from their outrages and violence in

time coming, and to take care that such conspirators meet with their

just deservings, so as others may thereby be deterred from courses so

little agreeable to religion, or their duty and allegiance to us.

These things we considered to be of so great importance to our royal,

as well as the universal, interest of that our kingdom, that we were

fully resolved, in person, to have proposed the needful remedies to

you. But things having so fallen out as render this impossible for

us, we have now thought fit to send our right trusty and right

entirely beloved cousin and councillor, William, Duke of Queensbury,

to be our commissioner amongst you, of whose abilities and

qualifications we have reason to be fully satisfied, and of whose

faithfulness to us, and zeal for our interest, we have had signal

proofs in the times of our greatest difficulties. Him we have fully

intrusted in all things relating to our service and your own

prosperity and happiness, and therefore you are to give him entire

trust and credit, as you now see we have done, from whose prudence and

your most dutiful affection to us, we have full confidence of your

entire compliance and assistance in all those matters, wherein he is

instructed as aforesaid. We do, therefore, not only recommend unto

you that such things be done as are necessary in this juncture for

your own peace, and the support of our royal interest, of which we had

so much experience when amongst you, that we cannot doubt of your full

and ample expressing the same on this occasion, by which the great

concern we have in you, our ancient and kindly people, may still

increase, and you may transmit your loyal actions (as examples of

duty) to your posterity. In full confidence whereof we do assure you

of your royal favour and protection in all your concerns, and so we

bid you heartily farewell."

This letter deserves the more attention because, as the proceedings of

the Scotch parliament, according to a remarkable expression in the letter

itself, were intended to be an example to others, there is the greatest

reason to suppose the matter of it must have been maturely weighed and

considered. His majesty first compliments the Scotch parliament upon

their peculiar loyalty and dutiful behaviour in past times, meaning, no

doubt, to contrast their conduct with that of those English parliaments

who had passed the Exclusion Bill, the Disbanding Act, the Habeas Corpus

Act, and other measures hostile to his favourite principles of

government. He states the granting of an independent revenue, and the

supporting the prerogative in its greatest lustre, if not the

aggrandising of it, to be necessary for the preservation of their

religion, established by law (that is, the Protestant episcopacy), as

well as for the security of their properties against fanatical assassins

and murderers; thus emphatically announcing a complete union of interests

between the crown and the Church. He then bestows a complete and

unqualified approbation of the persecuting measures of the last reign, in

which he had borne so great a share; and to those measures, and to the

steadiness with which they had been persevered in, he ascribes the escape

of both Church and State from the fanatics, and expresses his regret that

he could not be present, to propose in person the other remedies of a

similar nature, which he recommended as needful in the present

conjuncture.

Now it is proper in this place to inquire into the nature of the measures

thus extolled, as well for the purpose of elucidating the characters of

the king and his Scottish minsters, as for that of rendering more

intelligible the subsequent proceedings of the parliament, and the other

events which soon after took place in that kingdom. Some general notions

may be formed of that course of proceedings which, according to his

majesty's opinion, had been so laudably and resolutely pursued during the

late reign, from the circumstances alluded to in the preceding chapter,

when it is understood that the sentences of Argyle and Laurie of

Blackwood were not detached instances of oppression, but rather a sample

of the general system of administration. The covenant, which had been so

solemnly taken by the whole kingdom, and, among the rest, by the king

himself, had been declared to be unlawful, and a refusal to abjure it had

been made subject to the severest penalties. Episcopacy, which was

detested by a great majority of the nation, had been established, and all

public exercise of religion, in the forms to which the people were most

attached, had been prohibited. The attendance upon field conventicles

had been made highly penal, and the preaching at them capital, by which

means, according to the computation of a late writer, no less remarkable

for the accuracy of his facts than for the force and justness of his

reasonings, at least seventeen thousand persons in one district were

involved in criminality, and became the objects of persecution. After

this letters had been issued by government, forbidding the intercommuning

with persons who had neglected or refused to appear before the Privy

Council, when cited for the above crimes, a proceeding by which not only

all succour or assistance to such persons, but, according to the strict

sense of the word made use of, all intercourse with them, was rendered

criminal, and subjected him who disobeyed the prohibition to the same

penalties, whether capital or others, which were affixed to the alleged

crimes of the party with whom he had intercommuned.

These measures not proving effectual for the purpose for which they were

intended, or, as some say, the object of Charles II.'s government being

to provoke an insurrection, a demand was made upon the landholders in the

district supposed to be most disaffected of bonds, whereby they were to

become responsible for their wives, families, tenants, and servants, and

likewise for the wives, families, and servants of their tenants, and,

finally, for all persons living upon their estates, that they should not

withdraw from the Church, frequent or preach at conventicles, nor give

any succour, or have any intercourse with persons with whom it was

forbidden to intercommune; and the penalties attached to the breach of

this engagement, the keeping of which was obviously out of the power of

him who was required to make it, were to be the same as those, whether

capital or other, to which the several persons for whom he engaged might

be liable. The landholders, not being willing to subscribe to their own

destruction, refused to execute the bonds, and this was thought

sufficient grounds for considering the district to which they belonged as

in a state of rebellion. English and Irish armies were ordered to the

frontiers; a train of artillery and the militia were sent into the

district itself; and six thousand Highlanders, who were let loose upon

its inhabitants, to exercise every species of pillage and plunder were

connived at, or rather encouraged, in excesses of a still more atrocious

nature.

The bonds being still refused, the government had recourse to an

expedient of a most extraordinary nature, and issued what the Scotch

called a writ of Lawburrows against the whole district. This writ of

Lawburrows is somewhat analogous to what we call "swearing the peace"

against any one, and had hitherto been supposed, as the other is with us,

to be applicable to the disputes of private individuals, and to the

apprehensions which, in consequence of such disputes, they may mutually

entertain of each other. A government swearing the peace against its

subjects was a new spectacle; but if a private subject, under fear of

another, hath a right to such a security, how much more the government

itself? was thought an unanswerable argument. Such are the sophistries

which tyrants deem satisfactory. Thus are they willing even to descend

from their loftiness into the situation of subjects or private men, when

it is for the purpose of acquiring additional powers of persecution; and

thus truly formidable and terrific are they, when they pretend alarm and

fear. By these writs the persons against whom they were directed were

bound, as in case of the former bonds, to conditions which were not in

their power to fulfil, such as the preventing of conventicles and the

like, under such penalties as the Privy Council might inflict, and a

disobedience to them was followed by outlawry and confiscation.

The conduct of the Duke of Lauderdale, who was the chief actor in these

scenes of violence and iniquity, was completely approved and justified at

court; but in consequence probably of the state of politics in England at

a time when the Whigs were strongest in the House of Commons, some of

these grievances were in part redressed, and the Highlanders, and writs

of Lawburrows were recalled. But the country was still treated like a

conquered country. The Highlanders were replaced by an army of five

thousand regulars, and garrisons were placed in private houses. The

persecution of conventicles continued, and ample indemnity was granted

for every species of violence that might be exercised by those employed

to suppress them. In this state of things the assassination and murder

of Sharp, Archbishop of St. Andrews, by a troop of fanatics, who had been

driven to madness by the oppression of Carmichael, one of that prelate's

instruments, while it gave an additional spur to the vindictive temper of

the government, was considered by it as a justification for every mode

and degree of cruelty and persecution. The outrage committed by a few

individuals was imputed to the whole fanatic sect, as the government

termed them, or, in other words, to a description of people which

composed a great majority of the population in the Lowlands of Scotland;

and those who attended field or armed conventicles were ordered to be

indiscriminately massacred.

By such means an insurrection was at last produced, which, from the

weakness, or, as some suppose, from the wicked policy of an

administration eager for confiscations, and desirous of such a state of

the country as might, in some measure, justify their course of

government, made such a progress that the insurgents became masters of

Glasgow and the country adjacent. To quell these insurgents, who,

undisciplined as they were, had defeated Graham, afterwards Viscount

Dundee, the Duke of Monmouth was sent with an army from England; but,

lest the generous mildness of his nature should prevail, he had sealed

orders which he was not to open till in sight of the rebels, enjoining

him not to treat with them, but to fall upon them without any previous

negotiation. In pursuance of these orders the insurgents were attacked

at Bothwell Bridge, where, though they were entirely routed and

dispersed, yet because those who surrendered at discretion were not put

to death, and the army, by the strict enforcing of discipline, were

prevented from plunder and other outrages, it was represented by James,

and in some degree even by the king, that Monmouth had acted as if he had

meant rather to put himself at the head of the fanatics than to repel

them, and were inclined rather to court their friendship than to punish

their rebellion. All complaints against Lauderdale were dismissed, his

power confirmed, and an act of indemnity, which had been procured at

Monmouth's intercession, was so clogged with exceptions as to be of

little use to any but to the agents of tyranny. Several persons, who

were neither directly nor indirectly concerned in the murder of the

archbishop, were executed as an expiation for that offence; but many more

were obliged to compound for their lives by submitting to the most

rapacious extortion, which at this particular period seems to have been

the engine of oppression most in fashion, and which was extended not only

to those who had been in any way concerned in the insurrection, but to

those who had neglected to attend the standard of the king, when

displayed against what was styled, in the usual insulting language of

tyrants, a most unnatural rebellion.

The quiet produced by such means was, as might be expected, of no long

duration. Enthusiasm was increased by persecution, and the fanatic

preachers found no difficulty in persuading their flocks to throw off all

allegiance to a government which afforded them no protection. The king

was declared to be an apostate from the government, a tyrant, and an

usurper; and Cargill, one of the most enthusiastic among the preachers,

pronounced a formal sentence of excommunication against him, his brother

the Duke of York, and others, their ministers and abettors. This outrage

upon majesty together with an insurrection contemptible in point of

numbers and strength, in which Cameron, another field-preacher, had been

killed, furnished a pretence which was by no means neglected for new

cruelties and executions; but neither death nor torture were sufficient

to subdue the minds of Cargill and his intrepid followers. They all

gloried in their sufferings; nor could the meanest of them be brought to

purchase their lives by a retractation of their principles, or even by

any expression that might be construed into an approbation of their

persecutors. The effect of this heroic constancy upon the minds of their

oppressors was to persuade them not to lessen the numbers of executions,

but to render them more private, whereby they exposed the true character

of their government, which was not severity, but violence; not justice,

but vengeance: for example being the only legitimate end of punishment,

where that is likely to encourage rather than to deter (as the government

in these instances seems to have apprehended), and consequently to prove

more pernicious than salutary, every punishment inflicted by the

magistrate is cruelty, every execution murder. The rage of punishment

did not stop even here, but questions were put to persons, and in many

instances to persons under torture, who had not been proved to have been

in any of the insurrections, whether they considered the archbishop's

assassination as murder, the rising at Bothwell Bridge rebellion, and

Charles a lawful king. The refusal to answer these questions, or the

answering of them in an unsatisfactory manner, was deemed a proof of

guilt, and immediate execution ensued.

These last proceedings had taken place while James himself had the

government in his hands, and under his immediate directions. Not long

after, and when the exclusionists in England were supposed to be entirely

defeated, was passed (James being the king's commissioner), the famous

bill of succession, declaring that no difference of religion, nor any

statute or law grounded upon such, or any other pretence, could defeat

the hereditary right of the heir to the crown, and that to propose any

limitation upon the future administration of such heir was high treason.

But the Protestant religion was to be secured; for those who were most

obsequious to the court, and the most willing and forward instruments of

its tyranny, were, nevertheless, zealous Protestants. A test was

therefore framed for this purpose, which was imposed upon all persons

exercising any civil or military functions whatever, the royal family

alone excepted; but to the declaration of adherence to the Protestant

religion was added a recognition of the king's supremacy in

ecclesiastical matters, and a complete renunciation in civil concerns of

every right belonging to a free subject. An adherence to the Protestant

religion, according to the confession of it referred to in the test,

seemed to some inconsistent with the acknowledgment of the king's

supremacy and that clause of the oath which related to civil matters,

inasmuch as it declared against endeavouring at any alteration in the

Church or State, seemed incompatible with the duties of a counsellor or a

member of parliament. Upon these grounds the Earl of Argyle, in taking

the oath, thought fit to declare as follows:--

"I have considered the test, and I am very desirous to give obedience as

far as I can. I am confident the parliament never intended to impose

contradictory oaths; therefore I think no man can explain it but for

himself. Accordingly I take it, as far as it is consistent with itself

and the Protestant religion. And I do declare that I mean not to bind up

myself in my station, and in a lawful way, to wish and endeavour any

alteration I think to the advantage of the Church or State, not repugnant

to the Protestant religion and my loyalty. And this I understand as a

part of the oath." And for this declaration, though unnoticed at the

time, he was in a few days afterwards committed, and shortly after

sentenced to die. Nor was the test applied only to those for whom it had

been originally instituted, but by being offered to those numerous

classes of people who were within the reach of the late severe criminal

laws, as an alternative for death or confiscation, it might fairly be

said to be imposed upon the greater part of the country.

Not long after these transactions James took his final leave of the

government, and in his parting speech recommended, in the strongest

terms, the support of the Church. This gracious expression, the

sincerity of which seemed to be evinced by his conduct to the

conventiclers and the severity with which he had enforced the test,

obtained him a testimonial from the bishops of his affection to their

Protestant Church, a testimonial to which, upon the principle that they

are the best friends to the Church who are most willing to persecute such

as dissent from it, he was, notwithstanding his own nonconformity, most

amply entitled.

Queensbury's administration ensued, in which the maxims that had guided

his predecessors were so far from being relinquished, that they were

pursued, if possible, with greater steadiness and activity. Lawrie of

Blackwood was condemned for having holden intercourse with a rebel, whose

name was not to be found in any of the lists of the intercommuned or

proscribed; and a proclamation was issued, threatening all who were in

like circumstances with a similar fate. The intercourse with rebels

having been in great parts of the kingdom promiscuous and universal, more

than twenty thousand persons were objects of this menace. Fines and

extortions of all kinds were employed to enrich the public treasury, to

which, therefore, the multiplication of crimes became a fruitful source

of revenue; and lest it should not be sufficiently so, husbands were made

answerable (and that too with a retrospect) for the absence of their

wives from church; a circumstance which the Presbyterian women's aversion

to the episcopal form of worship had rendered very general.

This system of government, and especially the rigour with which those

concerned in the late insurrections, the excommunication of the king, or

the other outrages complained of, were pursued and hunted sometimes by

bloodhounds, sometimes by soldiers almost equally savage, and afterwards

shot like wild beasts, drove some of those sectaries who were styled

Cameronians, and other proscribed persons, to measures of absolute

desperation. They made a declaration, which they caused to be affixed to

different churches, importing, that they would use the law of

retaliation, and "we will," said they, "punish as enemies to God, and to

the covenant, such persons as shall make it their work to imbrue their

hands in our blood; and chiefly, if they shall continue obstinately and

with habitual malice to proceed against us," with more to the like

effect. Upon such an occasion the interference of government became

necessary. The government did indeed interfere, and by a vote of council

ordered, that whoever owned, or refused to disown, the declaration on

oath, should be put to death in the presence of two witnesses, though

unarmed when taken. The execution of this massacre in the welvet

counties which were principally concerned, was committed to the military,

and exceeded, if possible, the order itself. The disowning the

declaration was required to be in a particular form prescribed. Women,

obstinate in their fanaticism, lest female blood should be a stain upon

the swords of soldiers engaged in this honourable employment, were

drowned. The habitations, as well of those who had fled to save

themselves, as of those who suffered, were burnt and destroyed. Such

members of the families of the delinquents as were above twelve years old

were imprisoned for the purpose of being afterwards transported. The

brutality of the soldiers was such as might be expected from an army let

loose from all restraint, and employed to execute the royal justice, as

it was called, upon wretches. Graham who has been mentioned before, and

who, under the title of Lord Dundee, a title which was probably conferred

upon him by James for these or similar services, was afterwards esteemed

such a hero among the Jacobite party, particularly distinguished himself.

Of six unarmed fugitives whom he seized, he caused four to be shot in his

presence, nor did the remaining two experience any other mercy from him

than a delay of their doom; and at another time, having intercepted the

flight of one of these victims, he had him shown to his family, and then

murdered in the arms of his wife. The example of persons of such high

rank, and who must be presumed to have had an education in some degree

correspondent to their station, could not fail of operating upon men of a

lower order in society. The carnage became every day more general and

more indiscriminate, and the murder of peasants in their houses, or while

employed at their usual work in the fields, by the soldiers, was not only

not reproved or punished, but deemed a meritorious service by their

superiors. The demise of King Charles, which happened about this time,

caused no suspension or relaxation in these proceedings, which seemed to

have been the crowning measure, as it were, or finishing stroke of that

system, for the steady perseverance in which James so much admired the

resolution of his brother.

It has been judged necessary to detail these transactions in a manner

which may, to some readers, appear an impertinent digression from the

narrative in which this history is at present engaged, in order to set in

a clearer light some points of the greatest importance. In the first

place, from the summary review of the affairs of Scotland, and from the

complacency with which James looks back to his own share of them, joined

to the general approbation he expressed of the conduct of government in

that kingdom, we may form a pretty just notion, as well of his maxims of

policy, as of his temper and disposition in matters where his bigotry to

the Roman Catholic religion had no share. For it is to be observed and

carefully kept in mind, that the Church, of which he not only recommends

the support, but which be showed himself ready to maintain by the most

violent means, is the Episcopalian Church of the Protestants; that the

test which he enforced at the point of the bayonet was a Protestant test,

so much so indeed, that he himself could not take it; and that the more

marked character of the conventicles, the objects of his persecution, was

not so much that of heretics excommunicated by the Pope, as of dissenters

from the Church of England, and irreconcilable enemies to the Protestant

liturgy and the Protestant episcopacy. But he judged the Church of

England to be a most fit instrument for rendering the monarchy absolute.

On the other hand, the Presbyterians were thought naturally hostile to

the principles of passive obedience, and to one or other, or with more

probability to both of these considerations, joined to the natural

violence of his temper, is to be referred the whole of his conduct in

this part of his life, which in this view is rational enough; but on the

supposition of his having conceived thus early the intention of

introducing popery upon the ruins of the Church of England, is wholly

unaccountable, and no less absurd, than if a general were to put himself

to great cost and pains to furnish with ammunition and to strengthen with

fortifications a place of which he was actually meditating the attack.

The next important observation that occurs, and to which even they who

are most determined to believe that this prince had always popery in

view, and held every other consideration as subordinate to that primary

object, must nevertheless subscribe, is that the most confidential

advisors, as well as the most furious supporters of the measures we have

related, were not Roman Catholics. Lauderdale and Queensbury were both

Protestants. There is no reason, therefore, to impute any of James's

violence afterwards to the suggestions of his Catholic advisers, since he

who had been engaged in the series of measures above related with

Protestant counsellors and coadjutors, had surely nothing to learn from

papists (whether priests, jesuits, or others) in the science of tyranny.

Lastly, from this account we are enabled to form some notion of the state

of Scotland at a time when the parliament of that kingdom was called to

set an example for this, and we find it to have been a state of more

absolute slavery than at that time subsisted in any part of Christendom.

The affairs of Scotland being in the state which we have described, it is

no wonder that the king's letter was received with acclamations of

applause, and that the parliament opened, not only with approbation of

the government, but even with an enthusiastic zeal to signalise their

loyalty, as well by a perfect acquiescence to the king's demands, as by

the most fulsome expressions of adulation. "What prince in Europe, or in

the whole world," said the chancellor Perth, "was ever like the late

king, except his present majesty, who had undergone every trial of

prosperity and adversity, and whose unwearied clemency was not among the

least conspicuous of his virtues? To advance his honour and greatness

was the duty of all his subjects, and ought to be the endeavour of their

lives without reserve." The parliament voted an address, scarcely less

adulatory than the chancellor's speech.

"May it please your sacred majesty--Your majesty's gracious and kind

remembrance of the services done by this, your ancient kingdom, to the

late king your brother, of ever glorious memory, shall rather raise in

us ardent desires to exceed whatever we have done formerly, than make

us consider them as deserving the esteem your majesty is pleased to

express of them in your letter to us dated the twenty-eighth of March.

The death of that our excellent monarch is lamented by us to all the

degrees of grief that are consistent with our great joy for the

succession of your sacred majesty, who has not only continued, but

secured the happiness which his wisdom, his justice, and clemency

procured to us: and having the honour to be the first parliament which

meets by your royal authority, of which we are very sensible, your

majesty may be confident that we will offer such laws as may best

secure your majesty's sacred person, the royal family and government,

and be so exemplary loyal, as to raise your honour and greatness to

the utmost of our power, which we shall ever esteem both our duty and

interest. Nor shall we leave anything undone for extirpating all

fanaticism, but especially those fanatical murderers and assassins,

and for detecting and punishing the late conspirators, whose

pernicious and execrable designs did so much tend to subvert your

majesty's government, and ruin us and all your majesty's faithful

subjects. We can assure your majesty, that the subjects of this your

majesty's ancient kingdom are so desirous to exceed all their

predecessors in extraordinary marks of affection and obedience to your

majesty, that (God be praised) the only way to be popular with us is

to be eminently loyal. Your majesty's care of us, when you took us to

be your special charge, your wisdom in extinguishing the seeds of

rebellion and faction amongst us, your justice, which was so great as

to be for ever exemplary, but above all, your majesty's free and

cheerful securing to us our religion, when your were the late king's,

your royal brother's commissioner, now again renewed, when you are our

sovereign, are what your subjects here can never forget, and therefore

your majesty may expect that we will think your commands sacred as

your person, and that your inclination will prevent our debates; nor

did ever any who represented our monarchs as their commissioners

(except your royal self) meet with greater respect, or more exact

observance from a parliament, than the Duke of Queensbury (whom your

majesty has so wisely chosen to represent you in this, and of whose

eminent loyalty and great abilities in all his former employments this

nation hath seen so many proofs) shall find from

"May it please your sacred majesty, your majesty's most humble, most

faithful, and most obedient subjects and servants,

"PERTH, Cancell."

Nor was this spirit of loyalty (as it was then called) of abject slavery,

and unmanly subservience to the will of a despot, as it has been justly

denominated by the more impartial judgment of posterity, confined to

words only. Acts were passed to ratify all the late judgments, however

illegal or iniquitous, to indemnify the privy council, judges, and all

officers of the crown, civil or military, for all the violences they had

committed; to authorise the privy council to impose the test upon all

ranks of people under such penalties as that board might think fit to

impose; to extend the punishment of death which had formerly attached

upon the preachers at field conventicles only, to all their auditors, and

likewise to the preachers at house conventicles; to subject to the

penalties of treason all persons who should give or take the covenant, or

write in defence thereof, or in any other way own it to be obligatory;

and lastly, in a strain of tyranny, for which there was, it is believed,

no precedent, and which certainly has never been surpassed, to enact that

all such persons as being cited in cases of high treason, field or house

conventicles, or church irregularities, should refuse to give testimony,

should be liable to the punishment due by law to the criminals against

whom they refused to be witnesses. It is true that an act was also

passed for confirming all former statutes in favour of the Protestant

religion as then established, in their whole strength and tenour, as if

they were particularly set down and expressed in the said act; but when

we recollect the notions which Queensbury at that time entertained of the

king's views, this proceeding forms no exception to the general system of

servility which characterised both ministers and parliament. All matters

in relation to revenue were of course settled in the manner most

agreeable to his majesty's wishes and the recommendation of his

commissioner.

While the legislature was doing its part, the executive government was

not behindhand in pursuing the system which had been so much commended. A

refusal to abjure the declaration in the terms prescribed, was everywhere

considered as sufficient cause for immediate execution. In one part of

the country information having been received that a corpse had been

clandestinely buried, an inquiry took place; it was dug up, and found to

be that of a person proscribed. Those who had interred him were

suspected, not of having murdered, but of having harboured him. For this

crime their house was destroyed, and the women and children of the family

being driven out to wander as vagabonds, a young man belonging to it was

executed by the order of Johnston of Westerraw. Against this murder even

Graham himself is said to have remonstrated, but was content with

protesting that the blood was not upon his head; and not being able to

persuade a Highland officer to execute the order of Johnston, ordered his

own men to shoot the unhappy victim. In another county three females,

one of sixty-three years of age, one of eighteen, and one of twelve, were

charged with rebellion; and refusing to abjure the declaration, were

sentenced to be drowned. The last was let off upon condition of her

father's giving a bond for a hundred pounds. The elderly woman, who is

represented as a person of eminent piety, bore her fate with the greatest

constancy, nor does it appear that her death excited any strong

sensations in the minds of her savage executioners. The girl of eighteen

was more pitied, and after many entreaties, and having been once under

water, was prevailed upon to utter some words which might be fairly

construed into blessing the king, a mode of obtaining pardon not

unfrequent in cases where the persecutors were inclined to relent. Upon

this it was thought she was safe, but the merciless barbarian who

superintended this dreadful business was not satisfied; and upon her

refusing the abjuration, she was again plunged into the water, where she

expired. It is to be remarked that being at Bothwell Bridge and Air's

Moss were among the crimes stated in the indictment of all the three,

though, when the last of these affairs happened, one of the girls was

only thirteen, and the other not eight years of age. At the time of the

Bothwell Bridge business, they were still younger. To recite all the

instances of cruelty which occurred would be endless; but it may be

necessary to remark that no historical facts are better ascertained than

the accounts of them which are to be found in Woodrow. In every instance

where there has been an opportunity of comparing these accounts with

records, and other authentic monuments, they appear to be quite correct.

The Scottish parliament having thus set, as they had been required to do,

an eminent example of what was then thought duty to the crown, the king

met his English parliament on the 19th of May, 1685, and opened it with

the following speech:--

"My lords and gentlemen,--After it pleased Almighty God to take to his

mercy the late king, my dearest brother, and to bring me to the

peaceable possession of the throne of my ancestors, I immediately

resolved to call a parliament, as the best means to settle everything

upon these foundations as may make my reign both easy and happy to

you; towards which I am disposed to contribute all that is fit for me

to do.

"What I said to my privy council at my first coming there I am

desirous to renew to you, wherein I fully declare my opinion

concerning the principles of the Church of England, whose members have

showed themselves so eminently loyal in the worst of times in defence

of my father and support of my brother (of blessed memory), that I

will always take care to defend and support it. I will make it my

endeavour to preserve this government, both in Church and State, as it

is by law established: and as I will never depart from the just rights

and prerogatives of the crown, so I will never invade any man's

property; and you may be sure that having heretofore ventured my life

in the defence of this nation, I will still go as far as any man in

preserving it in all its just rights and liberties.

"And having given this assurance concerning the care I will have of

your religion and property, which I have chose to do in the same words

which I used at my first coming to the crown, the better to evidence

to you that I spoke them not by chance, and consequently that you may

firmly rely upon a promise so solemnly made, I cannot doubt that I

shall fail of suitable returns from you, with all imaginable duty and

kindness on your part, and particularly to what relates to the

settling of my revenue, and continuing it during my life, as it was in

the lifetime of my brother. I might use many arguments to enforce

this demand for the benefit of trade, the support of the navy, the

necessity of the crown, and the well-being of the government itself,

which I must not suffer to be precarious; but I am confident your own

consideration of what is just and reasonable will suggest to you

whatsoever might be enlarged upon this occasion.

"There is one popular argument which I foresee may be used against

what I ask of you, from the inclination men have for frequent

parliaments, which some may think would be the best security, by

feeding me from time to time by such proportions as they shall think

convenient. And this argument, it being the first time I speak to you

from the throne, I will answer, once for all, that this would be a

very improper method to take with me; and that the best way to engage

me to meet you often is always to use me well.

"I expect, therefore, that you will comply with me in what I have

desired, and that you will do it speedily, that this may be a short

session, and that we may meet again to all our satisfactions.

"My lords and gentlemen,--I must acquaint you that I have had news

this morning from Scotland that Argyle is landed in the West

Highlands, with the men he brought with him from Holland: that there

are two declarations published, one in the name of all those in arms,

the other in his own. It would be too long for me to repeat the

substance of them; it is sufficient to tell you I am charged with

usurpation and tyranny. The shorter of them I have directed to be

forthwith communicated to you.

"I will take the best care I can that this declaration of their own

faction and rebellion may meet with the reward it deserves; and I will

not doubt but you will be the more zealous to support the government,

and give me my revenue, as I have desired it, without delay."

The repetition of the words made use of in his first speech to the privy

council shows that, in the opinion of the court, at least, they had been

well chosen, and had answered their purpose; and even the haughty

language which was added, and was little less than a menace to parliament

if it should not comply with his wishes, was not, as it appears,

unpleasing to the party which at that time prevailed, since the revenue

enjoyed by his predecessor was unanimously, and almost immediately, voted

to him for life. It was not remarked, in public at least, that the

king's threat of governing without parliament was an unequivocal

manifestation of his contempt of the law of the country, so distinctly

established, though so ineffectually secured, by the statute of the

sixteenth of Charles II., for holding triennial parliaments. It is said

Lord-keeper Guildford had prepared a different speech for his majesty,

but that this was preferred, as being the king's own words; and, indeed,

that part of it in which he says that he must answer once for all that

the Commons giving such proportions as they might think convenient would

be a very improper way with him, bears, as well as some others, the most

evident marks of its royal origin. It is to be observed, however, that

in arguing for his demand, as he styles it, of revenue, he says, not that

the parliament ought not, but that he must not, suffer the well-being of

the government depending upon such revenue to be precarious; whence it is

evident that he intended to have it understood that if the parliament did

not grant, he purposed to levy a revenue without their consent. It is

impossible that any degree of party spirit should so have blinded men as

to prevent them from perceiving in this speech a determination on the

part of the king to conduct his government upon the principles of

absolute monarchy, and to those who were not so possessed with the love

of royalty, which creates a kind of passionate affection for whoever

happens to be the wearer of the crown, the vindictive manner in which he

speaks of Argyle's invasion might afford sufficient evidence of the

temper in which his power would be administered. In that part of his

speech he first betrays his personal feelings towards the unfortunate

nobleman, whom, in his brother's reign, he had so cruelly and

treacherously oppressed, by dwelling upon his being charged by Argyle

with tyranny and usurpation, and then declares that he will take the best

care, not according to the usual phrases to protect the loyal and well

disposed, and to restore tranquillity, but that the declaration of the

factious and rebellions may meet with the reward it deserves, thus

marking out revenge and punishment as the consequences of victory, upon

which he was most intent.

It is impossible that in a House of Commons, however composed, there

should not have been many members who disapproved the principles of

government announced in the speech, and who were justly alarmed at the

temper in which it was conceived. But these, overpowered by numbers, and

perhaps afraid of the imputation of being concerned in plots and

insurrections (an imputation which, if they had shown any spirit of

liberty, would most infallibly have been thrown on them), declined

expressing their sentiments; and in the short session which followed

there was an almost uninterrupted unanimity in granting every demand, and

acquiescing in every wish of the government. The revenue was granted

without any notice being taken of the illegal manner in which the king

had levied it upon his own authority. Argyle was stigmatised as a

traitor; nor was any desire expressed to examine his declarations, one of

which seemed to be purposely withheld from parliament. Upon the

communication of the Duke of Monmouth's landing in the west that nobleman

was immediately attainted by bill. The king's assurance was recognised

as a sufficient security for the national religion; and the liberty of

the press was destroyed by the revival of the statute of the 13th and

14th of Charles II. This last circumstance, important as it is, does not

seem to have excited much attention at the time, which, considering the

general principles then in fashion, is not surprising. That it should

have been scarcely noticed by any historian is more wonderful. It is

true, however, that the terror inspired by the late prosecutions for

libels, and the violent conduct of the courts upon such occasions,

rendered a formal destruction of the liberty of the press a matter of

less importance. So little does the magistracy, when it is inclined to

act tyrannically, stand in need of tyrannical laws to effect its purpose.

The bare silence and acquiescence of the legislature is in such a case

fully sufficient to annihilate, practically speaking, every right and

liberty of the subject.

As the grant of revenue was unanimous, so there does not appear to have

been anything which can justly be styled a debate upon it, though Hume

employs several pages in giving the arguments which, he affirms, were

actually made use of, and, as he gives us to understand, in the House of

Commons, for and against the question; arguments which, on both sides,

seem to imply a considerable love of freedom and jealousy of royal power,

and are not wholly unmixed even with some sentiments disrespectful to the

king. Now I cannot find, either from tradition, or from contemporary

writers, any ground to think that either the reasons which Hume has

adduced, or indeed any other, were urged in opposition to the grant. The

only speech made upon the occasion seems to have been that of Mr.

(afterwards Sir Edward) Seymour, who, though of the Tory party, a

strenuous opposer of the Exclusion Bill, and in general supposed to have

been an approver, if not an adviser, of the tyrannical measures of the

late reign, has the merit of having stood forward singly, to remind the

House of what they owed to themselves and their constituents. He did

not, however, directly oppose the grant, but stated, that the elections

had been carried on under so much court influence, and in other respects

so illegally, that it was the duty of the House first to ascertain who

were the legal members, before they proceeded to other business of

importance. After having pressed this point, he observed that if ever it

were necessary to adopt such an order of proceeding, it was more

peculiarly so now, when the laws and religion of the nation were in

evident peril; that the aversion of the English people to popery, and

their attachment to the laws were such, as to secure these blessings from

destruction by any other instrumentality than that of parliament itself,

which, however, might be easily accomplished, if there were once a

parliament entirely dependent upon the persons who might harbour such

designs; that it was already rumoured that the Test and Habeas Corpus

Acts, the two bulwarks of our religion and liberties, were to be

repealed; that what he stated was so notorious as to need no proof.

Having descanted with force and ability upon these and other topics of a

similar tendency, he urged his conclusion, that the question of royal

revenue ought not to be the first business of the parliament. Whether,

as Burnet thinks, because he was too proud to make any previous

communication of his intentions, or that the strain of his argument was

judged to be too bold for the times, this speech, whatever secret

approbation it might excite, did not receive from any quarter either

applause or support. Under these circumstances it was not thought

necessary to answer him, and the grant was voted unanimously, without

further discussion.

As Barillon, in the relation of parliamentary proceedings, transmitted by

him to his court, in which he appears at this time to have been very

exact, gives the same description of Seymour's speech and its effects

with Burnet, there can be little doubt but their account is correct. It

will be found as well in this, as in many other instances, that an

unfortunate inattention on the part of the reverend historian to forms

has made his veracity unjustly called in question. He speaks of

Seymour's speech as if it had been a motion in the technical sense of the

word, for inquiring into the elections, which had no effect. Now no

traces remaining of such a motion, and, on the other hand, the elections

having been at a subsequent period inquired into, Ralph almost pronounces

the whole account to be erroneous; whereas the only mistake consists in

giving the name of motion to a suggestion, upon the question of a grant.

It is whimsical enough, that it should be from the account of the French

ambassador that we are enabled to reconcile to the records and to the

forms of the English House of Commons, a relation made by a distinguished

member of the English House of Lords. Sir John Reresby does indeed say,

that among the gentlemen of the House of Commons whom he accidentally

met, they in general seemed willing to settle a handsome revenue upon the

king, and to give him money; but whether their grant should be permanent,

or only temporary, and to be renewed from time to time by parliament,

that the nation might be often consulted, was the question. But besides

the looseness of the expression, which may only mean that the point was

questionable, it is to be observed, that he does not relate any of the

arguments which were brought forward even in the private conversations to

which he refers; and when he afterwards gives an account of what passed

in the House of Commons (where he was present), he does not hint at any

debate having taken place, but rather implies the contrary.

This misrepresentation of Mr. Hume's is of no small importance, inasmuch

as, by intimating that such a question could be debated at all, and much

more, that it was debated with the enlightened views and bold topics of

argument with which his genius has supplied him, he gives us a very false

notion of the character of the parliament and of the times which he is

describing. It is not improbable, that if the arguments had been used,

which this historian supposes, the utterer of them would have been

expelled, or sent to the Tower; and it is certain that he would not have

been heard with any degree of attention or even patience.

The unanimous vote for trusting the safety of religion to the king's

declaration passed not without observation, the rights of the Church of

England being the only point upon which, at this time, the parliament

were in any degree jealous of the royal power. The committee of religion

had voted unanimously, "That it is the opinion of the committee, that

this House will stand by his majesty with their lives and fortunes,

according to their bounden duty and allegiance, in defence of the

reformed Church of England, as it is now by law established; and that an

humble address be presented to his majesty, to desire him to issue forth

his royal proclamation, to cause the penal laws to be put in execution

against all dissenters from the Church of England whatsoever." But upon

the report of the House, the question of agreeing with the committee was

evaded by a previous question, and the House, with equal unanimity,

resolved: "That this House doth acquiesce, and entirely rely, and rest

wholly satisfied, on his majesty's gracious word, and repeated

declaration to support and defend the religion of the Church of England,

as it is now by law established, which is dearer to us than our lives."

Mr. Echard, and Bishop Kennet, two writers of different principles, but

both churchmen, assign, as the motive of this vote, the unwillingness of

the party then prevalent in parliament to adopt severe measures against

the Protestant dissenters; but in this notion they are by no means

supported by the account, imperfect as it is, which Sir John Reresby

gives of the debate, for he makes no mention of tenderness towards

dissenters, but states as the chief argument against agreeing with the

committee, that it might excite a jealousy of the king; and Barillon

expressly says, that the first vote gave great offence to the king, still

more to the queen, and that orders were, in consequence, issued to the

court members of the House of Commons to devise some means to get rid of

it. Indeed, the general circumstances of the times are decisive against

the hypothesis of the two reverend historians; nor is it, as far as I

know, adopted by any other historians. The probability seems to be, that

the motion in the committee had been originally suggested by some Whig

member, who could not, with prudence, speak his real sentiments openly,

and who thought to embarrass the government, by touching upon a matter

where the union between the church party and the king would be put to the

severest test. The zeal of the Tories for persecution made them at first

give into the snare; but when, upon reflection, it occurred that the

involving of the Catholics in one common danger with the Protestant

dissenters must be displeasing to the king, they drew back without delay,

and passed the most comprehensive vote of confidence which James could

desire.

Further to manifest their servility to the king, as well as their

hostility to every principle that could by implication be supposed to be

connected with Monmouth or his cause, the House of Commons passed a bill

for the preservation of his majesty's person, in which, after enacting

that a written or verbal declaration of a treasonable intention should be

tantamount to a treasonable act, they inserted two remarkable clauses, by

one of which to assert the legitimacy of Monmouth's birth, by the other,

to propose in parliament any alteration in the succession of the crown,

were made likewise high treason. We learn from Burnet, that the first

part of this bill was strenuously and warmly debated, and that it was

chiefly opposed by Serjeant Maynard, whose arguments made some impression

even at that time; but whether the serjeant was supported in his

opposition, as the word _chiefly_ would lead us to imagine, or if

supported, by whom, that historian does not mention; and, unfortunately,

neither of Maynard's speech itself, nor indeed of any opposition whatever

to the bill, is there any other trace to be found. The crying injustice

of the clause which subjected a man to the pains of treason merely for

delivering his opinion upon a controverted fact, though he should do no

act in consequence of such opinion, was not, as far as we are informed,

objected to or at all noticed, unless indeed the speech above alluded to,

in which the speaker is said to have descanted upon the general danger of

making words treasonable, be supposed to have been applied to this clause

as well as to the former part of the bill. That the other clause should

have passed without opposition or even observation, must appear still

more extraordinary, when we advert, not only to the nature of the clause

itself, but to the circumstances of there being actually in the House no

inconsiderable number of members who had in the former reign repeatedly

voted for the Exclusion Bill.

It is worthy of notice, however, that while every principle of criminal

jurisprudence, and every regard to the fundamental rights of the

deliberative assemblies, which make part of the legislature of the

nation, were thus shamelessly sacrificed to the eagerness which, at this

disgraceful period, so generally prevailed of manifesting loyalty, or

rather abject servility to the sovereign, there still remained no small

degree of tenderness for the interests and safety of the Church of

England, and a sentiment approaching to jealousy upon any matter which

might endanger, even by the most remote consequences, or put any

restriction upon her ministers. With this view, as one part of the bill

did not relate to treasons only, but imposed new penalties upon such as

should, by writing, printing, preaching, or other speaking, attempt to

bring the king or his government into hatred or contempt, there was a

special proviso added, "that the asserting and maintaining, by any

writing, printing, preaching, or any other speaking, the doctrine,

discipline, divine worship, or government of the Church of England as it

is now by law established, against popery or any other different or

dissenting opinions, is not intended, and shall not be interpreted or

construed to be any offence within the words or meaning of this Act." It

cannot escape the reader, that only such attacks upon popery as were made

in favour of the doctrine and discipline of the Church of England, and no

other, were protected by this proviso, and consequently that, if there

were any real occasion for such a guard, all Protestant dissenters who

should write or speak against the Roman superstition were wholly

unprotected by it, and remained exposed to the danger, whatever it might

be, from which the Church was so anxious to exempt her supporters.

This bill passed the House of Commons, and was sent up to the House of

Lords on the 30th of June. It was read a first time on that day, but the

adjournment of both houses taking place on the 2nd of July, it could not

make any further progress at that time; and when the parliament met

afterwards in autumn, there was no longer that passionate affection for

the monarch, nor consequently that ardent zeal for servitude which were

necessary to make a law with such clauses and provisoes palatable or even

endurable.

It is not to be considered as an exception to the general complaisance of

parliament, that the Speaker, when he presented the Revenue Bill, made

use of some strong expressions, declaring the attachment of the Commons

to the national religion. Such sentiments could not be supposed to be

displeasing to James, after the assurances he had given of his regard for

the Church of England. Upon this occasion his majesty made the following

speech:--

"My lords and gentlemen,--I thank you very heartily for the bill you

have presented me this day; and I assure you, the readiness and

cheerfulness that has attended the despatch of it is as acceptable to

me as the bill itself.

"After so happy a beginning, you may believe I would not call upon you

unnecessarily for an extraordinary supply; but when I tell you that

the stores of the navy and ordnance are extremely exhausted, that the

anticipations upon several branches of the revenue are great and

burthensome; that the debts of the king, my brother, to his servants

and family, are such as deserve compassion; that the rebellion in

Scotland, without putting more weight upon it than it really deserves,

must oblige me to a considerable expense extraordinary: I am sure,

such considerations will move you to give me an aid to provide for

those things, wherein the security, the ease, and the happiness of my

government are so much concerned. But above all, I must recommend you

to the care of the navy, the strength and glory of this nation; that

you will put it into such a condition as may make us considered and

respected abroad. I cannot express my concern upon this occasion more

suitable to my own thoughts of it than by assuring you I have a true

English heart, as jealous of the honour of the nation as you can be;

and I please myself with the hopes that by God's blessing and your

assistance, I may carry the reputation of it yet higher in the world

than ever it has been in the time of any of my ancestors; and as I

will not call upon you for supplies but when they are of public use

and advantage, so I promise you, that what you give me upon such

occasions shall be managed with good husbandry; and I will take care

it shall be employed to the uses for which I ask them."

Rapin, Hume, and Ralph observe upon this speech, that neither the

generosity of the Commons' grant, nor the confidence they expressed upon

religious matters, could extort a kind word in favour of their religion.

But this observation, whether meant as a reproach to him for his want of

gracious feeling to a generous parliament, or as an oblique compliment to

his sincerity, has no force in it. His majesty's speech was spoken

immediately upon, passing the bills which the Speaker presented, and he

could not therefore take notice of the Speaker's words unless he had

spoken extempore; for the custom is not, nor I believe ever was, for the

Speaker to give beforehand copies of addresses of this nature. James

would not certainly have scrupled to repeat the assurances which he had

so lately made in favour of the Protestant religion, as he did not

scruple to talk of his true English heart, honour of the nation, &c., at

a time when he was engaged with France; but the speech was prepared for

an answer to a money bill, not for a question of the Protestant religion

and church, and the false professions in it are adapted to what was

supposed to be the only subject of it.

The only matter in which the king's views were in any degree thwarted was

the reversal of Lord Stafford's attainder, which, having passed the House

of Lords, not without opposition, was lost in the House of Commons; a

strong proof that the popish plot was still the subject upon which the

opposers of the court had most credit with the public. Mr. Hume,

notwithstanding his just indignation at the condemnation of Stafford, and

his general inclination to approve of royal politics, most unaccountably

justifies the Commons in their rejection of this bill, upon the principle

of its being impolitic at that time to grant so full a justification of

the Catholics, and to throw so foul an imputation upon the Protestants.

Surely if there be one moral duty that is binding upon men in all times,

places, and circumstances, and from which no supposed views of policy can

excuse them, it is that of granting a full justification to the innocent;

and such Mr. Hume considers the Catholics, and especially Lord Stafford,

to have been. The only rational way of accounting for this solitary

instance of non-compliance on the part of the Commons is either to

suppose that they still believed in the reality of the popish plot, and

Stafford's guilt, or that the Church party, which was uppermost, had such

an antipathy to popery, as indeed to every sect whose tenets differed

from theirs, that they deemed everything lawful against its professors.

On the 2nd of July parliament was adjourned for the purpose of enabling

the principal gentlemen to be present in their respective counties at a

time when their services and influence might be so necessary to

government. It is said that the House of Commons consisted of members so

devoted to James, that he declared there were not forty in it whom he

would not himself have named. But although this may have been true, and

though from the new modelling of the corporations, and the interference

of the court in elections, this parliament, as far as regards the manner

of its being chosen, was by no means a fair representative of the legal

electors of England, yet there is reason to think that it afforded a

tolerably correct sample of the disposition of the nation, and especially

of the Church party, which was then uppermost.

The general character of the party at this time appears to have been a

high notion of the king's constitutional power, to which was superadded a

kind of religious abhorrence of all resistance to the monarch, not only

in cases where such resistance was directed against the lawful

prerogative, but even in opposition to encroachments which the monarch

might make beyond the extended limits which they assigned to his

prerogative. But these tenets, and still more the principle of conduct

naturally resulting from them, were confined to the civil, as

contra-distinguished from the ecclesiastical polity of the country. In

Church matters they neither acknowledged any very high authority in the

crown, nor were they willing to submit to any royal encroachment on that

side; and a steady attachment to the Church of England, with a

proportionable aversion to all dissenters from it, whether Catholic or

Protestant, was almost universally prevalent among them. A due

consideration of these distinct features in the character of a party so

powerful in Charles's and in James's time, and even when it was lowest

(that is, during the reigns of the two first princes of the House of

Brunswick), by no means inconsiderable, is exceedingly necessary to the

right understanding of English history. It affords a clue to many

passages otherwise unintelligible. For want of a proper attention to

this circumstance, some historians have considered the conduct of the

Tories in promoting the revolution as an instance of great inconsistency.

Some have supposed, contrary to the clearest evidence, that their notions

of passive obedience, even in civil matters, were limited, and that their

support of the government of Charles and James was founded upon a belief

that those princes would never abuse their prerogative for the purpose of

introducing arbitrary sway. But this hypothesis is contrary to the

evidence both of their declarations and their conduct. Obedience without

reserve, an abhorrence of all resistance, as contrary to the tenets of

their religion, are the principles which they professed in their

addresses, their sermons, and their decrees at Oxford; and surely nothing

short of such principles could make men esteem the latter years of

Charles II., and the opening of the reign of his successor, an era of

national happiness and exemplary government. Yet this is the

representation of that period, which is usually made by historians and

other writers of the Church party. "Never were fairer promises on one

side, nor greater generosity on the other," says Mr. Echard. "The king

had as yet, in no instance, invaded the rights of his subjects," says the

author of the Caveat against the Whigs. Thus, as long as James contented

himself with absolute power in civil matters, and did not make use of his

authority against the Church, everything went smooth and easy; nor is it

necessary, in order to account for the satisfaction of the parliament and

people, to have recourse to any implied compromise by which the nation

was willing to yield its civil liberties as the price of retaining its

religious constitution. The truth seems to be, that the king, in

asserting his unlimited power, rather fell in with the humour of the

prevailing party than offered any violence to it. Absolute power in

civil matters, under the specious names of monarchy and prerogative,

formed a most essential part of the Tory creed; but the order in which

Church and king are placed in the favourite device of the party is not

accidental, and is well calculated to show the genuine principles of such

among them as are not corrupted by influence. Accordingly, as the sequel

of this reign will abundantly show, when they found themselves compelled

to make an option, they preferred, without any degree of inconsistency,

their first idol to their second, and when they could not preserve both

Church and king, declared for the former.

It gives certainly no very flattering picture of the country to describe

it as being in some sense fairly represented by this servile parliament,

and not only acquiescing in, but delighted with the early measures of

James's reign; the contempt of law exhibited in the arbitrary mode of

raising his revenue; his insulting menace to the parliament, that if they

did not use him well, he would govern without them; his furious

persecution of the Protestant dissenters, and the spirit of despotism

which appeared in all his speeches and actions. But it is to be

remembered that these measures were in nowise contrary to the principles

or prejudices of the Church party, but rather highly agreeable to them;

and that the Whigs, who alone were possessed of any just notions of

liberty, were so outnumbered and discomforted by persecution, that such

of them as did not think fit to engage in the rash schemes of Monmouth or

Argyle, held it to be their interest to interfere as little as possible

in public affairs, and by no means to obtrude upon unwilling hearers

opinions and sentiments which, ever since the dissolution of the Oxford

parliament, in 1681, had been generally discountenanced, and of which the

peaceable, or rather triumphant, accession of James to the throne was

supposed to seal the condemnation.

A History of the Early Part of the Reign of James the Second · 第 5 / 8 题