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

Influenced by such considerations as these, James, from the time at which he parted in anger with his Parliament, began to meditate a general league of all Nonconformists, Catholic and Protestant, against the established religion. So early as Christmas 1685, the agents of the United Provinces informed the States General that the plan of a general toleration had been arranged and would soon be disclosed. 232 The reports which had reached the Dutch embassy proved to be premature. The separatists appear, however, to have been treated with more lenity during the year 1686 than during the year 1685. But it was only by slow degrees and after many struggles that the King could prevail on himself to form an alliance with all that he most abhorred. He had to overcome an animosity, not slight or capricious, not of recent origin or hasty growth, but hereditary in his line, strengthened by great wrongs inflicted and suffered through a hundred and twenty eventful years, and intertwined with all his feelings, religious, political, domestic, and personal. Four generations of Stuarts had waged a war to the death with four generations of Puritans; and, through that long war, there had been no Stuart who had hated the Puritans so much, or who had been so much hated by them, as himself. They had tried to blast his honour and to exclude him from his birthright; they had called him incendiary, cutthroat, poisoner; they had driven him from the Admiralty and the Privy Council; they had repeatedly chased him into banishment; they had plotted his assassination; they had risen against him in arms by thousands. He had avenged himself on them by havoc such as England had never before seen. Their heads and quarters were still rotting on poles in all the market places of Somersetshire and Dorsetshire. Aged women held in high honour among the sectaries for piety and charity had, for offences which no good prince would have thought deserving even of a severe reprimand, been beheaded and burned alive. Such had been, even in England, the relations between the King and the Puritans; and in Scotland the tyranny of the King and the fury of the Puritans had been such as Englishmen could hardly conceive. To forget an enmity so long and so deadly was no light task for a nature singularly harsh and implacable.

The conflict in the royal mind did not escape the eye of Barillon. At the end of January, 1687, he sent a remarkable letter to Versailles. The King,—such was the substance of this document,—had almost convinced himself that he could not obtain entire liberty for Roman Catholics and yet maintain the laws against Protestant Dissenters. He leaned, therefore, to the plan of a general indulgence; but at heart he would be far better pleased if he could, even now, divide his protection and favour between the Church of Rome and the Church of England, to the exclusion of all other religious persuasions. 233

A very few days after this despatch had been written, James made his first hesitating and ungracious advances towards the Puritans. He had determined to begin with Scotland, where his power to dispense with acts of parliament had been admitted by the obsequious Estates. On the twelfth of February, accordingly, was published at Edinburgh a proclamation granting relief to scrupulous consciences. 234 This proclamation fully proves the correctness of Barillon's judgment. Even in the very act of making concessions to the Presbyterians, James could not conceal the loathing with which he regarded them. The toleration given to the Catholics was complete. The Quakers had little reason to complain. But the indulgence vouchsafed to the Presbyterians, who constituted the great body of the Scottish people, was clogged by conditions which made it almost worthless. For the old test, which excluded Catholics and Presbyterians alike from office, was substituted a new test, which admitted the Catholics, but excluded most of the Presbyterians. The Catholics were allowed to build chapels, and even to carry the host in procession anywhere except in the high streets of royal burghs: the Quakers were suffered to assemble in public edifices: but the Presbyterians were interdicted from worshipping God anywhere but in private dwellings: they were not to presume to build meeting houses: they were not even to use a barn or an outhouse for religious exercises: and it was distinctly notified to them that, if they dared to hold conventicles in the open air, the law, which denounced death against both preachers and hearers, should be enforced without mercy. Any Catholic priest might say mass: any Quaker might harangue his brethren: but the Privy Council was directed to see that no Presbyterian minister presumed to preach without a special license from the government. Every line of this instrument, and of the letters by which it was accompanied, shows how much it cost the King to relax in the smallest degree the rigour with which he had ever treated the old enemies of his house. 235

There is reason, indeed, to believe that, when he published this proclamation, he had by no means fully made up his mind to a coalition with the Puritans, and that his object was to grant just so much favour to them as might suffice to frighten the Churchmen into submission. He therefore waited a month, in order to see what effect the edict put forth at Edinburgh would produce in England. That month he employed assiduously, by Petre's advice, in what was called closeting. London was very full. It was expected that the Parliament would shortly meet for the dispatch of business; and many members were in town. The King set himself to canvass them man by man. He flattered himself that zealous Tories,—and of such, with few exceptions, the House of Commons consisted,—would find it difficult to resist his earnest request, addressed to them, not collectively, but separately, not from the throne, but in the familiarity of conversation. The members, therefore, who came to pay their duty at Whitehall were taken aside, and honoured with long private interviews. The King pressed them, as they were loyal gentlemen, to gratify him in the one thing on which his heart was fixed. The question, he said, touched his personal honour. The laws enacted in the late reign by factious Parliaments against the Roman Catholics had really been aimed at himself. Those laws had put a stigma on him, had driven him from the Admiralty, had driven him from the Council Board. He had a right to expect that in the repeal of those laws all who loved and reverenced him would concur. When he found his hearers obdurate to exhortation, he resorted to intimidation and corruption. Those who refused to pleasure him in this matter were plainly told that they must not expect any mark of his favour. Penurious as he was, he opened and distributed his hoards. Several of those who had been invited to confer with him left his bedchamber carrying with them money received from the royal hand. The Judges, who were at this time on their spring circuits, were directed by the King to see those members who remained in the country, and to ascertain the intentions of each. The result of this investigation was, that a great majority of the House of Commons seemed fully determined to oppose the measures of the court. 236 Among those whose firmness excited general admiration was Arthur Herbert, brother of the Chief Justice, member for Dover, Master of the Robes, and Rear Admiral of England. Arthur Herbert was much loved by the sailors, and was reputed one of the best of the aristocratical class of naval officers. It had been generally supposed that he would readily comply with the royal wishes: for he was heedless of religion; he was fond of pleasure and expense; he had no private estate; his places brought him in four thousand pounds a year; and he had long been reckoned among the most devoted personal adherents of James. When, however, the Rear Admiral was closeted, and required to promise that he would vote for the repeal of the Test Act, his answer was, that his honour and conscience would not permit him to give any such pledge. "Nobody doubts your honour," said the King; "but a man who lives as you do ought not to talk about his conscience." To this reproach, a reproach which came with a bad grace from the lover of Catharine Sedley, Herbert manfully replied, "I have my faults, sir: but I could name people who talk much more about conscience than I am in the habit of doing, and yet lead lives as loose as mine." He was dismissed from all his places; and the account of what he had disbursed and received as Master of the Robes was scrutinised with great and, as he complained, with unjust severity. 237

It was now evident that all hope of an alliance between the Churches of England and of Rome, for the purpose of sharing offices and emoluments, and of crushing the Puritan sects, must be abandoned. Nothing remained but to try a coalition between the Church of Rome and the Puritan sects against the Church of England.

On the eighteenth of March the King informed the Privy Council that he had determined to prorogue the Parliament till the end of November, and to grant, by his own authority, entire liberty of conscience to all his subjects. 238 On the fourth of April appeared the memorable Declaration of Indulgence.

In this Declaration the King avowed that it was his earnest wish to see his people members of that Church to which he himself belonged. But, since that could not be, he announced his intention to protect them in the free exercise of their religion. He repeated all those phrases which, eight years before, when he was himself an oppressed man, had been familiar to his lips, but which he had ceased to use from the day on which a turn of fortune had put it into his power to be an oppressor. He had long been convinced, he said, that conscience was not to be forced, that persecution was unfavourable to population and to trade, and that it never attained the ends which persecutors had in view. He repeated his promise, already often repeated and often violated, that he would protect the Established Church in the enjoyment of her legal rights. He then proceeded to annul, by his own sole authority, a long series of statutes. He suspended all penal laws against all classes of Nonconformists. He authorised both Roman Catholics and Protestant Dissenters to perform their worship publicly. He forbade his subjects, on pain of his highest displeasure, to molest any religious assembly. He also abrogated all those acts which imposed any religious test as a qualification for any civil or military office. 239

That the Declaration of Indulgence was unconstitutional is a point on which both the great English parties have always been entirely agreed. Every person capable of reasoning on a political question must perceive that a monarch who is competent to issue such a declaration is nothing less than an absolute monarch. Nor is it possible to urge in defence of this act of James those pleas by which many arbitrary acts of the Stuarts have been vindicated or excused. It cannot be said that he mistook the bounds of his prerogative because they had not been accurately ascertained. For the truth is that he trespassed with a recent landmark full in his view. Fifteen years before that time, a Declaration of Indulgence had been put forth by his brother with the advice of the Cabal. That Declaration, when compared with the Declaration of James, might be called modest and cautious. The Declaration of Charles dispensed only with penal laws. The Declaration of James dispensed also with all religious tests. The Declaration of Charles permitted the Roman Catholics to celebrate their worship in private dwellings only. Under the Declaration of James they might build and decorate temples, and even walk in procession along Fleet Street with crosses, images, and censers. Yet the Declaration of Charles had been pronounced illegal in the most formal manner. The Commons had resolved that the King had no power to dispense with statutes in matters ecclesiastical. Charles had ordered the obnoxious instrument to be cancelled in his presence, had torn off the seal with his own hand, and had, both by message under his sign manual, and with his own lips from his throne in full Parliament, distinctly promised the two Houses that the step which had given so much offence should never be drawn into precedent. The two Houses had then, without one dissentient voice, joined in thanking him for this compliance with their wishes. No constitutional question had ever been decided more deliberately, more clearly, or with more harmonious consent.

The defenders of James have frequently pleaded in his excuse the judgment of the Court of King's Bench, on the information collusively laid against Sir Edward Hales: but the plea is of no value. That judgment James had notoriously obtained by solicitation, by threats, by dismissing scrupulous magistrates, and by placing on the bench other magistrates more courtly. And yet that judgment, though generally regarded by the bar and by the nation as unconstitutional, went only to this extent, that the Sovereign might, for special reasons of state, grant to individuals by name exemptions from disabling statutes. That he could by one sweeping edict authorise all his subjects to disobey whole volumes of laws, no tribunal had ventured, in the face of the solemn parliamentary decision of 1673, to affirm.

Such, however, was the position of parties that James's Declaration of Indulgence, though the most audacious of all the attacks made by the Stuarts on public freedom, was well calculated to please that very portion of the community by which all the other attacks of the Stuarts on public freedom had been most strenuously resisted. It could scarcely be hoped that the Protestant Nonconformist, separated from his countrymen by a harsh code harshly enforced, would be inclined to dispute the validity of a decree which relieved him from intolerable grievances. A cool and philosophical observer would undoubtedly have pronounced that all the evil arising from all the intolerant laws which Parliaments had framed was not to be compared to the evil which would be produced by a transfer of the legislative power from the Parliament to the Sovereign. But such coolness and philosophy are not to be expected from men who are smarting under present pain, and who are tempted by the offer of immediate ease. A Puritan divine, could not indeed deny that the dispensing power now claimed by the crown was inconsistent with the fundamental principles of the constitution. But he might perhaps be excused if he asked, What was the constitution to him? The Act of Uniformity had ejected him, in spite of royal promises, from a benefice which was his freehold, and had reduced him to beggary and dependence. The Five Mile Act had banished him from his dwelling, from his relations, from his friends, from almost all places of public resort. Under the Conventicle Act his goods had been distrained; and he had been flung into one noisome gaol after another among highwaymen and housebreakers. Out of prison he had constantly had the officers of justice on his track; he had been forced to pay hushmoney to informers; he had stolen, in ignominious disguises, through windows and trapdoors, to meet his flock, and had, while pouring the baptismal water, or distributing the eucharistic bread, been anxiously listening for the signal that the tipstaves were approaching. Was it not mockery to call on a man thus plundered and oppressed to suffer martyrdom for the property and liberty of his plunderers and oppressors? The Declaration, despotic as it might seem to his prosperous neighbours, brought deliverance to him. He was called upon to make his choice, not between freedom and slavery, but between two yokes; and he might not unnaturally think the yoke of the King lighter than that of the Church.

While thoughts like these were working in the minds of many Dissenters, the Anglican party was in amazement and terror. This new turn in affairs was indeed alarming. The House of Stuart leagued with republican and regicide sects against the old Cavaliers of England; Popery leagued with Puritanism against an ecclesiastical system with which the Puritans had no quarrel, except that it had retained too much that was Popish, these were portents which confounded all the calculations of statesmen. The Church was then to be attacked at once on every side and the attack was to be under the direction of him who, by her constitution, was her head. She might well be struck with surprise and dismay. And mingled with surprise and dismay came other bitter feelings; resentment against the perjured Prince whom she had served too well, and remorse for the cruelties in which he had been her accomplice, and for which he was now, as it seemed, about to be her punisher. Her chastisement was just. She reaped that which she had sown. After the Restoration, when her power was at the height, she had breathed nothing hut vengeance. She had encouraged, urged, almost compelled the Stuarts to requite with perfidious ingratitude the recent services of the Presbyterians. Had she, in that season of her prosperity, pleaded, as became her, for her enemies, she might now, in her distress, have found them her friends. Perhaps it was not yet too late. Perhaps she might still be able to turn the tactics of her faithless oppressor against himself. There was among the Anglican clergy a moderate party which had always felt kindly towards the Protestant Dissenters. That party was not large; but the abilities, acquirements, and virtues of those who belonged to it made it respectable. It had been regarded with little favour by the highest ecclesiastical dignitaries, and had been mercilessly reviled by bigots of the school of Laud but, from the day on which the Declaration of Indulgence appeared to the day on which the power of James ceased to inspire terror, the whole Church seemed to be animated by the spirit, and guided by the counsels, of the calumniated Latitudinarians.

Then followed an auction, the strangest that history has recorded. On one side the King, on the other the Church, began to bid eagerly against each other for the favour of those whom tip to that time King and Church had combined to oppress. The Protestant Dissenters, who, a few months before, had been a despised and proscribed class, now held the balance of power. The harshness with which they had been treated was universally condemned. The court tried to throw all the blame on the hierarchy. The hierarchy flung it back on the court. The King declared that he had unwillingly persecuted the separatists only because his affairs had been in such a state that he could not venture to disoblige the established clergy. The established clergy protested that they had borne a part in severity uncongenial to their feelings only from deference to the authority of the King. The King got together a collection of stories about rectors and vicars who had by threats of prosecution wrung money out of Protestant Dissenters. He talked on this subject much and publicly, threatened to institute an inquiry which would exhibit the parsons in their true character to the whole world, and actually issued several commissions empowering agents on whom he thought that he could depend to ascertain the amount of the sums extorted in different parts of the country by professors of the dominant religion from sectaries. The advocates of the Church, on the other hand, cited instances of honest parish priests who had been reprimanded and menaced by the court for recommending toleration in the pulpit, and for refusing to spy out and hunt down little congregations of Nonconformists. The King asserted that some of the Churchmen whom he had closeted had offered to make large concessions to the Catholics, on condition that the persecution of the Puritans might go on. The accused Churchmen vehemently denied the truth of this charge; and alleged that, if they would have complied with what he demanded for his own religion, he would most gladly have suffered them to indemnify themselves by harassing and pillaging Protestant Dissenters. 240

The court had changed its face. The scarf and cassock could hardly appear there without calling forth sneers and malicious whispers. Maids of honour forbore to giggle, and Lords of the Bedchamber bowed low, when the Puritanical visage and the Puritanical garb, so long the favourite subjects of mockery in fashionable circles, were seen in the galleries. Taunton, which had been during two generations the stronghold of the Roundhead party in the West, which had twice resolutely repelled the armies of Charles the First, which had risen as one man to support Monmouth, and which had been turned into a shambles by Kirke and Jeffreys, seemed to have suddenly succeeded to the place which Oxford had once occupied in the royal favour. 241 The King constrained himself to show even fawning courtesy to eminent Dissenters. To some he offered money, to some municipal honours, to some pardons for their relations and friends who, having been implicated in the Rye House Plot, or having joined the standard of Monmouth, were now wandering on the Continent, or toiling among the sugar canes of Barbadoes. He affected even to sympathize with the kindness which the English Puritans felt for their foreign brethren. A second and a third proclamation were published at Edinburgh, which greatly extended the nugatory toleration granted to the Presbyterians by the edict of February. 242 The banished Huguenots, on whom the King had frowned during many months, and whom he had defrauded of the alms contributed by the nation, were now relieved and caressed. An Order in Council was issued, appealing again in their behalf to the public liberality. The rule which required them to qualify themselves for the receipt of charity, by conforming to the Anglican worship, seems to have been at this time silently abrogated; and the defenders of the King's policy had the effrontery to affirm that this rule, which, as we know from the best evidence, was really devised by himself in concert with Barillon, had been adopted at the instance of the prelates of the Established Church. 243

While the King was thus courting his old adversaries, the friends of the Church were not less active. Of the acrimony and scorn with which prelates and priests had, since the Restoration, been in the habit of treating the sectaries scarcely a trace was discernible. Those who had lately been designated as schismatics and fanatics were now dear fellow Protestants, weak brethren it might be, but still brethren, whose scruples were entitled to tender regard. If they would but be true at this crisis to the cause of the English constitution and of the reformed religion, their generosity should be speedily and largely rewarded. They should have, instead of an indulgence which was of no legal validity, a real indulgence, secured by Act of Parliament. Nay, many Churchmen, who had hitherto been distinguished by their inflexible attachment to every gesture and every word prescribed in the Book of Common Prayer, now declared themselves favourable, not only to toleration, but even to comprehension. The dispute, they said, about surplices and attitudes, had too long divided those who were agreed as to the essentials of religion. When the struggle for life and death against the common enemy was over, it would be found that the Anglican clergy would be ready to make every fair concession. If the Dissenters would demand only what was reasonable, not only civil but ecclesiastical dignities would be open to them; and Baxter and Howe would be able, without any stain on their honour or their conscience, to sit on the episcopal bench.

Of the numerous pamphlets in which the cause of the Court and the cause of the Church were at this time eagerly and anxiously pleaded before the Puritan, now, by a strange turn of fortune, the arbiter of the fate of his persecutors, one only is still remembered, the Letter to a Dissenter. In this masterly little tract, all the arguments which could convince a Nonconformist that it was his duty and his interest to prefer an alliance with the Church to an alliance with the Court were condensed into the smallest compass, arranged in the most perspicuous order, illustrated with lively wit, and enforced by an eloquence earnest indeed, yet never in its utmost vehemence transgressing the limits of exact good sense and good breeding. The effect of this paper was immense; for, as it was only a single sheet, more than twenty thousand copies were circulated by the post; and there was no corner of the kingdom in which the effect was not felt. Twenty-four answers were published, but the town pronounced that they were all bad, and that Lestrange's was the worst of the twenty-four. 244 The government was greatly irritated, and spared no pains to discover the author of the Letter: but it was found impossible to procure legal evidence against him. Some imagined that they recognised the sentiments and diction of Temple. 245 But in truth that amplitude and acuteness of intellect, that vivacity of fancy, that terse and energetic style, that placid dignity, half courtly half philosophical, which the utmost excitement of conflict could not for a moment derange, belonged to Halifax, and to Halifax alone.

The Dissenters wavered; nor is it any reproach to them that they did so. They were suffering, and the King had given them relief. Some eminent pastors had emerged from confinement; others had ventured to return from exile. Congregations, which had hitherto met only by stealth and in darkness, now assembled at noonday, and sang psalms aloud in the hearing of magistrates, churchwardens, and constables. Modest buildings for the worship of God after the Puritan fashion began to rise all over England. An observant traveller will still remark the date of 1687 on some of the oldest meeting houses. Nevertheless the offers of the Church were, to a prudent Dissenter, far more attractive than those of the King. The Declaration was, in the eye of the law, a nullity. It suspended the penal statutes against nonconformity only for so long a time as the fundamental principles of the constitution and the rightful authority of the legislature should remain suspended. What was the value of privileges which must be held by a tenure at once so ignominious and so insecure? There might soon be a demise of the crown. A sovereign attached to the established religion might sit on the throne. A Parliament composed of Churchmen might be assembled. How deplorable would then be the situation of Dissenters who had been in league with Jesuits against the constitution. The Church offered an indulgence very different from that granted by James, an indulgence as valid and as sacred as the Great Charter. Both the contending parties promised religious liberty to the separatist: but one party required him to purchase it by sacrificing civil liberty; the other party invited him to enjoy civil and religious liberty together.

For these reasons, even if it could be believed that the Court was sincere, a Dissenter might reasonably have determined to cast in his lot with the Church. But what guarantee was there for the sincerity of the Court? All men knew what the conduct of James had been tip to that very time. It was not impossible, indeed, that a persecutor might be convinced by argument and by experience of the advantages of toleration. But James did not pretend to have been recently convinced. On the contrary, he omitted no opportunity of protesting that he had, during many years, been, on principle, adverse to all intolerance. Yet, within a few months, he had persecuted men, women, young girls, to the death for their religion. Had he been acting against light and against the convictions of his conscience then? Or was he uttering a deliberate falsehood now? From this dilemma there was no escape; and either of the two suppositions was fatal to the King's character for honesty. It was notorious also that he had been completely subjugated by the Jesuits. Only a few days before the publication of the Indulgence, that Order had been honoured, in spite of the well known wishes of the Holy See, with a new mark of his confidence and approbation. His confessor, Father Mansuete, a Franciscan, whose mild temper and irreproachable life commanded general respect, but who had long been hated by Tyrconnel and Petre, had been discarded. The vacant place had been filled by an Englishman named Warner, who had apostatized from the religion of his country and had turned Jesuit. To the moderate Roman Catholics and to the Nuncio this change was far from agreeable. By every Protestant it was regarded as a proof that the dominion of the Jesuits over the royal mind was absolute. 246 Whatever praises those fathers might justly claim, flattery itself could not ascribe to them either wide liberality or strict veracity. That they had never scrupled, when the interest of their Order was at stake, to call in the aid of the civil sword, or to violate the laws of truth and of good faith, had been proclaimed to the world, not only by Protestant accusers, but by men whose virtue and genius were the glory of the Church of Rome. It was incredible that a devoted disciple of the Jesuits should be on principle zealous for freedom of conscience: but it was neither incredible nor improbable that he might think himself justified in disguising his real sentiments, in order to render a service to his religion. It was certain that the King at heart preferred the Churchmen to the Puritans. It was certain that, while he had any hope of gaining the Churchmen, he had never shown the smallest kindness to the Puritans. Could it then be doubted that, if the Churchmen would even now comply with his wishes, he would willingly sacrifice the Puritans? His word, repeatedly pledged, had not restrained him from invading the legal rights of that clergy which had given such signal proofs of affection and fidelity to his house. What security then could his word afford to sects divided from him by the recollection of a thousand inexpiable wounds inflicted and endured?