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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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