To that morning the contending factions in his council had, during some days, looked forward with anxiety. The struggle between Halifax and Rochester seemed to be approaching a decisive crisis. Halifax, not content with having already driven his rival from the Board of Treasury, had undertaken to prove him guilty of such dishonesty or neglect in the conduct of the finances as ought to be punished by dismission from the public service. It was even whispered that the Lord President would probably be sent to the Tower. The King had promised to enquire into the matter. The second of February had been fixed for the investigation; and several officers of the revenue had been ordered to attend with their books on that day. [215] But a great turn of fortune was at hand.

Scarcely had Charles risen from his bed when his attendants perceived that his utterance was indistinct, and that his thoughts seemed to be wandering. Several men of rank had, as usual, assembled to see their sovereign shaved and dressed. He made an effort to converse with them in his usual gay style; but his ghastly look surprised and alarmed them. Soon his face grew black; his eyes turned in his head; he uttered a cry, staggered, and fell into the arms of one of his lords. A physician who had charge of the royal retorts and crucibles happened to be present. He had no lances; but he opened a vein with a penknife. The blood flowed freely; but the King was still insensible.

He was laid on his bed, where, during a short time, the Duchess of Portsmouth hung over him with the familiarity of a wife. But the alarm had been given. The Queen and the Duchess of York were hastening to the room. The favourite concubine was forced to retire to her own apartments. Those apartments had been thrice pulled down and thrice rebuilt by her lover to gratify her caprice. The very furniture of the chimney was massy silver. Several fine paintings, which properly belonged to the Queen, had been transferred to the dwelling of the mistress. The sideboards were piled with richly wrought plate. In the niches stood cabinets, the masterpieces of Japanese art. On the hangings, fresh from the looms of Paris, were depicted, in tints which no English tapestry could rival, birds of gorgeous plumage, landscapes, hunting matches, the lordly terrace of Saint Germains, the statues and fountains of Versailles. [216] In the midst of this splendour, purchased by guilt and shame, the unhappy woman gave herself up to an agony of grief, which, to do her justice, was not wholly selfish.

And now the gates of Whitehall, which ordinarily stood open to all comers, were closed. But persons whose faces were known were still permitted to enter. The antechambers and galleries were soon filled to overflowing; and even the sick room was crowded with peers, privy councillors, and foreign ministers. All the medical men of note in London were summoned. So high did political animosities run that the presence of some Whig physicians was regarded as an extraordinary circumstance. [217] One Roman Catholic, whose skill was then widely renowned, Doctor Thomas Short, was in attendance. Several of the prescriptions have been preserved. One of them is signed by fourteen Doctors. The patient was bled largely. Hot iron was applied to his head. A loathsome volatile salt, extracted from human skulls, was forced into his mouth. He recovered his senses; but he was evidently in a situation of extreme danger.

The Queen was for a time assiduous in her attendance. The Duke of York scarcely left his brother's bedside. The Primate and four other bishops were then in London. They remained at Whitehall all day, and took it by turns to sit up at night in the King's room. The news of his illness filled the capital with sorrow and dismay. For his easy temper and affable manners had won the affection of a large part of the nation; and those who most disliked him preferred his unprincipled levity to the stern and earnest bigotry of his brother.

On the morning of Thursday the fifth of February, the London Gazette announced that His Majesty was going on well, and was thought by the physicians to be out of danger. The bells of all the churches rang merrily; and preparations for bonfires were made in the streets. But in the evening it was known that a relapse had taken place, and that the medical attendants had given up all hope. The public mind was greatly disturbed; but there was no disposition to tumult. The Duke of York, who had already taken on himself to give orders, ascertained that the City was perfectly quiet, and that he might without difficulty be proclaimed as soon as his brother should expire.

The King was in great pain, and complained that he felt as if a fire was burning within him. Yet he bore up against his sufferings with a fortitude which did not seem to belong to his soft and luxurious nature. The sight of his misery affected his wife so much that she fainted, and was carried senseless to her chamber. The prelates who were in waiting had from the first exhorted him to prepare for his end. They now thought it their duty to address him in a still more urgent manner. William Sancroft, Archbishop of Canterbury, an honest and pious, though narrowminded, man, used great freedom. "It is time," he said, "to speak out; for, Sir, you are about to appear before a Judge who is no respecter of persons." The King answered not a word.

Thomas Ken, Bishop of Bath and Wells, then tried his powers of persuasion. He was a man of parts and learning, of quick sensibility and stainless virtue. His elaborate works have long been forgotten; but his morning and evening hymns are still repeated daily in thousands of dwellings. Though, like most of his order, zealous for monarchy, he was no sycophant. Before he became a Bishop, he had maintained the honour of his gown by refusing, when the court was at Winchester, to let Eleanor Gwynn lodge in the house which he occupied there as a prebendary. [218] The King had sense enough to respect so manly a spirit. Of all the prelates he liked Ken the best. It was to no purpose, however, that the good Bishop now put forth all his eloquence. His solemn and pathetic exhortation awed and melted the bystanders to such a degree that some among them believed him to be filled with the same spirit which, in the old time, had, by the mouths of Nathan and Elias, called sinful princes to repentance. Charles however was unmoved. He made no objection indeed when the service for the visitation of the sick was read. In reply to the pressing questions of the divines, he said that he was sorry for what he had done amiss; and he suffered the absolution to be pronounced over him according to the forms of the Church of England: but, when he was urged to declare that he died in the communion of that Church, he seemed not to hear what was said; and nothing could induce him to take the Eucharist from the hands of the Bishops. A table with bread and wine was brought to his bedside, but in vain. Sometimes he said that there was no hurry, and sometimes that he was too weak.

Many attributed this apathy to contempt for divine things, and many to the stupor which often precedes death. But there were in the palace a few persons who knew better. Charles had never been a sincere member of the Established Church. His mind had long oscillated between Hobbism and Popery. When his health was good and his spirits high he was a scoffer. In his few serious moments he was a Roman Catholic. The Duke of York was aware of this, but was entirely occupied with the care of his own interests. He had ordered the outports to be closed. He had posted detachments of the Guards in different parts of the city. He had also procured the feeble signature of the dying King to an instrument by which some duties, granted only till the demise of the Crown, were let to farm for a term of three years. These things occupied the attention of James to such a degree that, though, on ordinary occasions, he was indiscreetly and unseasonably eager to bring over proselytes to his Church, he never reflected that his brother was in danger of dying without the last sacraments. This neglect was the more extraordinary because the Duchess of York had, at the request of the Queen, suggested, on the morning on which the King was taken ill, the propriety of procuring spiritual assistance. For such assistance Charles was at last indebted to an agency very different from that of his pious wife and sister-in-law. A life of frivolty and vice had not extinguished in the Duchess of Portsmouth all sentiments of religion, or all that kindness which is the glory of her sex. The French ambassador Barillon, who had come to the palace to enquire after the King, paid her a visit. He found her in an agony of sorrow. She took him into a secret room, and poured out her whole heart to him. "I have," she said, "a thing of great moment to tell you. If it were known, my head would be in danger. The King is really and truly a Catholic; but he will die without being reconciled to the Church. His bedchamber is full of Protestant clergymen. I cannot enter it without giving scandal. The Duke is thinking only of himself. Speak to him. Remind him that there is a soul at stake. He is master now. He can clear the room. Go this instant, or it will be too late."

Barillon hastened to the bedchamber, took the Duke aside, and delivered the message of the mistress. The conscience of James smote him. He started as if roused from sleep, and declared that nothing should prevent him from discharging the sacred duty which had been too long delayed. Several schemes were discussed and rejected. At last the Duke commanded the crowd to stand aloof, went to the bed, stooped down, and whispered something which none of the spectators could hear, but which they supposed to be some question about affairs of state. Charles answered in an audible voice, "Yes, yes, with all my heart." None of the bystanders, except the French Ambassador, guessed that the King was declaring his wish to be admitted into the bosom of the Church of Rome.

"Shall I bring a priest?" said the Duke. "Do, brother," replied the Sick man. "For God's sake do, and lose no time. But no; you will get into trouble." "If it costs me my life," said the Duke, "I will fetch a priest."

To find a priest, however, for such a purpose, at a moment's notice, was not easy. For, as the law then stood, the person who admitted a proselyte into the Roman Catholic Church was guilty of a capital crime. The Count of Castel Melhor, a Portuguese nobleman, who, driven by political troubles from his native land, had been hospitably received at the English court, undertook to procure a confessor. He had recourse to his countrymen who belonged to the Queen's household; but he found that none of her chaplains knew English or French enough to shrive the King. The Duke and Barillon were about to send to the Venetian Minister for a clergyman when they heard that a Benedictine monk, named John Huddleston, happened to be at Whitehall. This man had, with great risk to himself, saved the King's life after the battle of Worcester, and had, on that account, been, ever since the Restoration, a privileged person. In the sharpest proclamations which had been put forth against Popish priests, when false witnesses had inflamed the nation to fury, Huddleston had been excepted by name. [219] He readily consented to put his life a second time in peril for his prince; but there was still a difficulty. The honest monk was so illiterate that he did not know what he ought to say on an occasion of such importance. He however obtained some hints, through the intervention of Castel Melhor, from a Portuguese ecclesiastic, and, thus instructed, was brought up the back stairs by Chiffinch, a confidential servant, who, if the satires of that age are to be credited, had often introduced visitors of a very different description by the same entrance. The Duke then, in the King's name, commanded all who were present to quit the room, except Lewis Duras, Earl of Feversham, and John Granville, Earl of Bath. Both these Lords professed the Protestant religion; but James conceived that he could count on their fidelity. Feversham, a Frenchman of noble birth, and nephew of the great Turenne, held high rank in the English army, and was Chamberlain to the Queen. Bath was Groom of the Stole.

The Duke's orders were obeyed; and even the physicians withdrew. The back door was then opened; and Father Huddleston entered. A cloak had been thrown over his sacred vestments; and his shaven crown was concealed by a flowing wig. "Sir," said the Duke, "this good man once saved your life. He now comes to save your soul." Charles faintly answered, "He is welcome." Huddleston went through his part better than had been expected. He knelt by the bed, listened to the confession, pronounced the absolution, and administered extreme unction. He asked if the King wished to receive the Lord's supper. "Surely," said Charles, "if I am not unworthy." The host was brought in. Charles feebly strove to rise and kneel before it. The priest made him lie still, and assured him that God would accept the humiliation of the soul, and would not require the humiliation of the body. The King found so much difficulty in swallowing the bread that it was necessary to open the door and procure a glass of water. This rite ended, the monk held up a crucifix before the penitent, charged him to fix his last thoughts on the sufferings of the Redeemer, and withdrew. The whole ceremony had occupied about three quarters of an hour; and, during that time, the courtiers who filled the outer room had communicated their suspicions to each other by whispers and significant glances. The door was at length thrown open, and the crowd again filled the chamber of death.

It was now late in the evening. The King seemed much relieved by what had passed. His natural children were brought to his bedside, the Dukes of Grafton, Southampton, and Northumberland, sons of the Duchess of Cleveland, the Duke of Saint Albans, son of Eleanor Gwynn, and the Duke of Richmond, son of the Duchess of Portsmouth. Charles blessed them all, but spoke with peculiar tenderness to Richmond. One face which should have been there was wanting. The eldest and best loved child was an exile and a wanderer. His name was not once mentioned by his father.

During the night Charles earnestly recommended the Duchess of Portsmouth and her boy to the care of James; "And do not," he good-naturedly added, "let poor Nelly starve." The Queen sent excuses for her absence by Halifax. She said that she was too much disordered to resume her post by the couch, and implored pardon for any offence which she might unwittingly have given. "She ask my pardon, poor woman!" cried Charles; "I ask hers with all my heart."

The morning light began to peep through the windows of Whitehall; and Charles desired the attendants to pull aside the curtains, that he might have one more look at the day. He remarked that it was time to wind up a clock which stood near his bed. These little circumstances were long remembered because they proved beyond dispute that, when he declared himself a Roman Catholic, he was in full possession of his faculties. He apologised to those who had stood round him all night for the trouble which he had caused. He had been, he said, a most unconscionable time dying; but he hoped that they would excuse it. This was the last glimpse of the exquisite urbanity, so often found potent to charm away the resentment of a justly incensed nation. Soon after dawn the speech of the dying man failed. Before ten his senses were gone. Great numbers had repaired to the churches at the hour of morning service. When the prayer for the King was read, loud groans and sobs showed how deeply his people felt for him. At noon on Friday, the sixth of February, he passed away without a struggle. [220]

At that time the common people throughout Europe, and nowhere more than in England, were in the habit of attributing the death of princes, especially when the prince was popular and the death unexpected, to the foulest and darkest kind of assassination. Thus James the First had been accused of poisoning Prince Henry. Thus Charles the First had been accused of poisoning James the First. Thus when, in the time of the Commonwealth, the Princess Elizabeth died at Carisbrook, it was loudly asserted that Cromwell had stooped to the senseless and dastardly wickedness of mixing noxious drugs with the food of a young girl whom he had no conceivable motive to injure. [221] A few years later, the rapid decomposition of Cromwell's own corpse was ascribed by many to a deadly potion administered in his medicine. The death of Charles the Second could scarcely fail to occasion similar rumours. The public ear had been repeatedly abused by stories of Popish plots against his life. There was, therefore, in many minds, a strong predisposition to suspicion; and there were some unlucky circumstances which, to minds so predisposed, might seem to indicate that a crime had been perpetrated. The fourteen Doctors who deliberated on the King's case contradicted each other and themselves. Some of them thought that his fit was epileptic, and that he should be suffered to have his doze out. The majority pronounced him apoplectic, and tortured him during some hours like an Indian at a stake. Then it was determined to call his complaint a fever, and to administer doses of bark. One physician, however, protested against this course, and assured the Queen that his brethren would kill the King among them. Nothing better than dissension and vacillation could be expected from such a multitude of advisers. But many of the vulgar not unnaturally concluded, from the perplexity of the great masters of the healing art, that the malady had some extraordinary origin. There is reason to believe that a horrible suspicion did actually cross the mind of Short, who, though skilful in his profession, seems to have been a nervous and fanciful man, and whose perceptions were probably confused by dread of the odious imputations to which he, as a Roman Catholic, was peculiarly exposed. We cannot, therefore, wonder that wild stories without number were repeated and believed by the common people. His Majesty's tongue had swelled to the size of a neat's tongue. A cake of deleterious powder had been found in his brain. There were blue spots on his breast, There were black spots on his shoulder. Something had been, put in his snuff-box. Something had been put into his broth. Something had been put into his favourite dish of eggs and ambergrease. The Duchess of Portsmouth had poisoned him in a cup of chocolate. The Queen had poisoned him in a jar of dried pears. Such tales ought to be preserved; for they furnish us with a measure of the intelligence and virtue of the generation which eagerly devoured them. That no rumour of the same kind has ever, in the present age, found credit among us, even when lives on which great interest depended have been terminated by unforeseen attacks of disease, is to be attributed partly to the progress of medical and chemical science, but partly also, it may be hoped, to the progress which the nation has made in good sense, justice, and humanity. [222]

When all was over, James retired from the bedside to his closet, where, during a quarter of an hour, he remained alone. Meanwhile the Privy Councillors who were in the palace assembled. The new King came forth, and took his place at the head of the board. He commenced his administration, according to usage, by a speech to the Council. He expressed his regret for the loss which he had just sustained, and he promised to imitate the singular lenity which had distinguished the late reign. He was aware, he said, that he had been accused of a fondness for arbitrary power. But that was not the only falsehood which had been told of him. He was resolved to maintain the established government both in Church and State. The Church of England he knew to be eminently loyal. It should therefore always be his care to support and defend her. The laws of England, he also knew, were sufficient to make him as great a King as he could wish to be. He would not relinquish his own rights; but he would respect the rights of others. He had formerly risked his life in defense of his country; and he would still go as far as any man in support of her just liberties.

This speech was not, like modern speeches on similar occasions, carefully prepared by the advisers of the sovereign. It was the extemporaneous expression of the new King's feelings at a moment of great excitement. The members of the Council broke forth into clamours of delight and gratitude. The Lord President, Rochester, in the name of his brethren, expressed a hope that His Majesty's most welcome declaration would be made public. The Solicitor General, Heneage Finch, offered to act as clerk. He was a zealous churchman, and, as such, was naturally desirous that there should be some permanent record of the gracious promises which had just been uttered. "Those promises," he said, "have made so deep an impression on me that I can repeat them word for word." He soon produced his report. James read it, approved of it, and ordered it to be published. At a later period he said that he had taken this step without due consideration, that his unpremeditated expressions touching the Church of England were too strong, and that Finch had, with a dexterity which at the time escaped notice, made them still stronger. [223]

The King had been exhausted by long watching and by many violent emotions. He now retired to rest. The Privy Councillors, having respectfully accompanied him to his bedchamber, returned to their seats, and issued orders for the ceremony of proclamation. The Guards were under arms; the heralds appeared in their gorgeous coats; and the pageant proceeded without any obstruction. Casks of wine were broken up in the streets, and all who passed were invited to drink to the health of the new sovereign. But, though an occasional shout was raised, the people were not in a joyous mood. Tears were seen in many eyes; and it was remarked that there was scarcely a housemaid in London who had not contrived to procure some fragment of black crepe in honour of King Charles. [224]

The funeral called forth much censure. It would, indeed, hardly have been accounted worthy of a noble and opulent subject. The Tories gently blamed the new King's parsimony: the Whigs sneered at his want of natural affection; and the fiery Covenanters of Scotland exultingly proclaimed that the curse denounced of old against wicked princes had been signally fulfilled, and that the departed tyrant had been buried with the burial of an ass. [225] Yet James commenced his administration with a large measure of public good will. His speech to the Council appeared in print, and the impression which it produced was highly favourable to him. This, then, was the prince whom a faction had driven into exile and had tried to rob of his birthright, on the ground that he was a deadly enemy to the religion and laws of England. He had triumphed: he was on the throne; and his first act was to declare that he would defend the Church, and would strictly respect the rights of his people. The estimate which all parties had formed of his character, added weight to every word that fell from him. The Whigs called him haughty, implacable, obstinate, regardless of public opinion. The Tories, while they extolled his princely virtues, had often lamented his neglect of the arts which conciliate popularity. Satire itself had never represented him as a man likely to court public favour by professing what he did not feel, and by promising what he had no intention of performing. On the Sunday which followed his accession, his speech was quoted in many pulpits. "We have now for our Church," cried one loyal preacher, "the word of a King, and of a King who was never worse than his word." This pointed sentence was fast circulated through town and country, and was soon the watchword of the whole Tory party. [226]

The great offices of state had become vacant by the demise of the crown and it was necessary for James to determine how they should be filled. Few of the members of the late cabinet had any reason to expect his favour. Sunderland, who was Secretary of State, and Godolphin, who was First Lord of the Treasury, had supported the Exclusion Bill. Halifax, who held the Privy Seal, had opposed that bill with unrivalled powers of argument and eloquence. But Halifax was the mortal enemy of despotism and of Popery. He saw with dread the progress of the French arms on the Continent and the influence of French gold in the counsels of England. Had his advice been followed, the laws would have been strictly observed: clemency would have been extended to the vanquished Whigs: the Parliament would have been convoked in due season: an attempt would have been made to reconcile our domestic factions; and the principles of the Triple Alliance would again have guided our foreign policy. He had therefore incurred the bitter animosity of James. The Lord Keeper Guildford could hardly be said to belong to either of the parties into which the court was divided. He could by no means be called a friend of liberty; and yet he had so great a reverence for the letter of the law that he was not a serviceable tool of arbitrary power. He was accordingly designated by the vehement Tories as a Trimmer, and was to James an object of aversion with which contempt was largely mingled. Ormond, who was Lord Steward of the Household and Viceroy of Ireland, then resided at Dublin. His claims on the royal gratitude were superior to those of any other subject. He had fought bravely for Charles the First: he had shared the exile of Charles the Second; and, since the Restoration, he had, in spite of many provocations, kept his loyalty unstained. Though he had been disgraced during the predominance of the Cabal, he had never gone into factious opposition, and had, in the days of the Popish Plot and the Exclusion Bill, been foremost among the supporters of the throne. He was now old, and had been recently tried by the most cruel of all calamities. He had followed to the grave a son who should have been his own chief mourner, the gallant Ossory. The eminent services, the venerable age, and the domestic misfortunes of Ormond made him an object of general interest to the nation. The Cavaliers regarded him as, both by right of seniority and by right of merit, their head; and the Whigs knew that, faithful as he had always been to the cause of monarchy, he was no friend either to Popery or to arbitrary power. But, high as he stood in the public estimation, he had little favor to expect from his new master. James, indeed, while still a subject, had urged his brother to make a complete change in the Irish administration. Charles had assented; and it had been arranged that, in a few months, there should be a new Lord Lieutenant. [227]

Rochester was the only member of the cabinet who stood high in the favour of the King. The general expectation was that he would be immediately placed at the head of affairs, and that all the other great officers of the state would be changed. This expectation proved to be well founded in part only. Rochester was declared Lord Treasurer, and thus became prime minister. Neither a Lord High Admiral nor a Board of Admiralty was appointed. The new King, who loved the details of naval business, and would have made a respectable clerk in a dockyard at Chatham, determined to be his own minister of marine. Under him the management of that important department was confided to Samuel Pepys, whose library and diary have kept his name fresh to our time. No servant of the late sovereign was publicly disgraced. Sunderland exerted so much art and address, employed so many intercessors, and was in possession of so many secrets, that he was suffered to retain his seals. Godolphin's obsequiousness, industry, experience and taciturnity, could ill be spared. As he was no longer wanted at the Treasury, he was made Chamberlain to the Queen. With these three Lords the King took counsel on all important questions. As to Halifax, Ormond, and Guildford, he determined not yet to dismiss them, but merely to humble and annoy them.

Halifax was told that he must give up the Privy seal and accept the Presidency of the Council. He submitted with extreme reluctance. For, though the President of the Council had always taken precedence of the Lord Privy Seal, the Lord Privy Seal was, in that age a much more important officer than the Lord President. Rochester had not forgotten the jest which had been made a few months before on his own removal from the Treasury, and enjoyed in his turn the pleasure of kicking his rival up stairs. The Privy Seal was delivered to Rochester's elder brother, Henry Earl of Clarendon.

To Barillon James expressed the strongest dislike of Halifax. "I know him well, I never can trust him. He shall have no share in the management of public business. As to the place which I have given him, it will just serve to show how little influence he has." But to Halifax it was thought convenient to hold a very different language. "All the past is forgotten," said the King, "except the service which you did me in the debate on the Exclusion Bill." This speech has often been cited to prove that James was not so vindictive as he had been called by his enemies. It seems rather to prove that he by no means deserved the praises which have been bestowed on his sincerity by his friends. [228]

Ormond was politely informed that his services were no longer needed in Ireland, and was invited to repair to Whitehall, and to perform the functions of Lord Steward. He dutifully submitted, but did not affect to deny that the new arrangement wounded his feelings deeply. On the eve of his departure he gave a magnificent banquet at Kilmainham Hospital, then just completed, to the officers of the garrison of Dublin. After dinner he rose, filled a goblet to the brim with wine, and, holding it up, asked whether he had spilt one drop. "No, gentlemen; whatever the courtiers may say, I am not yet sunk into dotage. My hand does not fail me yet: and my hand is not steadier than my heart. To the health of King James!" Such was the last farewell of Ormond to Ireland. He left the administration in the hands of Lords Justices, and repaired to London, where he was received with unusual marks of public respect. Many persons of rank went forth to meet him on the road. A long train of eguipages followed him into Saint James's Square, where his mansion stood; and the Square was thronged by a multitude which greeted him with loud acclamations. [229]

The Great Seal was left in Guildford's custody; but a marked indignity was at the same time offered to him. It was determined that another lawyer of more vigour and audacity should be called to assist in the administration. The person selected was Sir George Jeffreys, Chief Justice of the Court of King's Bench. The depravity of this man has passed into a proverb. Both the great English parties have attacked his memory with emulous violence: for the Whigs considered him as their most barbarous enemy; and the Tories found it convenient to throw on him the blame of all the crimes which had sullied their triumph. A diligent and candid enquiry will show that some frightful stories which have been told concerning him are false or exaggerated. Yet the dispassionate historian will be able to make very little deduction from the vast mass of infamy with which the memory of the wicked judge has been loaded.

He was a man of quick and vigorous parts, but constitutionally prone to insolence and to the angry passions. When just emerging from boyhood he had risen into practice at the Old Bailey bar, a bar where advocates have always used a license of tongue unknown in Westminster Hall. Here, during many years his chief business was to examine and crossexamine the most hardened miscreants of a great capital. Daily conflicts with prostitutes and thieves called out and exercised his powers so effectually that he became the most consummate bully ever known in his profession. Tenderness for others and respect for himself were feelings alike unknown to him. He acquired a boundless command of the rhetoric in which the vulgar express hatred and contempt. The profusion of maledictions and vituperative epithets which composed his vocabulary could hardly have been rivalled in the fishmarket or the beargarden. His countenance and his voice must always have been unamiable. But these natural advantages,—for such he seems to have thought them,—he had improved to such a degree that there were few who, in his paroxysms of rage, could see or hear him without emotion. Impudence and ferocity sate upon his brow. The glare of his eyes had a fascination for the unhappy victim on whom they were fixed. Yet his brow and his eye were less terrible than the savage lines of his mouth. His yell of fury, as was said by one who had often heard it, sounded like the thunder of the judgment day. These qualifications he carried, while still a young man, from the bar to the bench. He early became Common Serjeant, and then Recorder of London. As a judge at the City sessions he exhibited the same propensities which afterwards, in a higher post, gained for him an unenviable immortality. Already might be remarked in him the most odious vice which is incident to human nature, a delight in misery merely as misery. There was a fiendish exultation in the way in which he pronounced sentence on offenders. Their weeping and imploring seemed to titillate him voluptuously; and he loved to scare them into fits by dilating with luxuriant amplification on all the details of what they were to suffer. Thus, when he had an opportunity of ordering an unlucky adventuress to be whipped at the cart's tail, "Hangman," he would exclaim, "I charge you to pay particular attention to this lady! Scourge her soundly man! Scourge her till the blood runs down! It is Christmas, a cold time for Madam to strip in! See that you warm her shoulders thoroughly!" [230] He was hardly less facetious when he passed judgment on poor Lodowick Muggleton, the drunken tailor who fancied himself a prophet. "Impudent rogue!" roared Jeffreys, "thou shalt have an easy, easy, easy punishment!" One part of this easy punishment was the pillory, in which the wretched fanatic was almost killed with brickbats. [231]

By this time the heart of Jeffreys had been hardened to that temper which tyrants require in their worst implements. He had hitherto looked for professional advancement to the corporation of London. He had therefore professed himself a Roundhead, and had always appeared to be in a higher state of exhilaration when he explained to Popish priests that they were to be cut down alive, and were to see their own bowels burned, than when he passed ordinary sentences of death. But, as soon as he had got all that the city could give, he made haste to sell his forehead of brass and his tongue of venom to the Court. Chiffinch, who was accustomed to act as broker in infamous contracts of more than one kind, lent his aid. He had conducted many amorous and many political intrigues; but he assuredly never rendered a more scandalous service to his masters than when he introduced Jeffreys to Whitehall. The renegade soon found a patron in the obdurate and revengeful James, but was always regarded with scorn and disgust by Charles, whose faults, great as they were, had no affinity with insolence and cruelty. "That man," said the King, "has no learning, no sense, no manners, and more impudence than ten carted street-walkers." [232] Work was to be done, however, which could be trusted to no man who reverenced law or was sensible of shame; and thus Jeffreys, at an age at which a barrister thinks himself fortunate if he is employed to conduct an important cause, was made Chief Justice of the King's Bench.

His enemies could not deny that he possessed some of the qualities of a great judge. His legal knowledge, indeed, was merely such as he had picked up in practice of no very high kind. But he had one of those happily constituted intellects which, across labyrinths of sophistry, and through masses of immaterial facts, go straight to the true point. Of his intellect, however, he seldom had the full use. Even in civil causes his malevolent and despotic temper perpetually disordered his judgment. To enter his court was to enter the den of a wild beast, which none could tame, and which was as likely to be roused to rage by caresses as by attacks. He frequently poured forth on plaintiffs and defendants, barristers and attorneys, witnesses and jurymen, torrents of frantic abuse, intermixed with oaths and curses. His looks and tones had inspired terror when he was merely a young advocate struggling into practice. Now that he was at the head of the most formidable tribunal in the realm, there were few indeed who did not tremble before him. Even when he was sober, his violence was sufficiently frightful. But in general his reason was overclouded and his evil passions stimulated by the fumes of intoxication. His evenings were ordinarily given to revelry. People who saw him only over his bottle would have supposed him to be a man gross indeed, sottish, and addicted to low company and low merriment, but social and goodhumoured. He was constantly surrounded on such occasions by buffoons selected, for the most part, from among the vilest pettifoggers who practiced before him. These men bantered and abused each other for his entertainment. He joined in their ribald talk, sang catches with them, and, when his head grew hot, hugged and kissed them in an ecstasy of drunken fondness. But though wine at first seemed to soften his heart, the effect a few hours later was very different. He often came to the judgment seat, having kept the court waiting long, and yet having but half slept off his debauch, his cheeks on fire, his eyes staring like those of a maniac. When he was in this state, his boon companions of the preceding night, if they were wise, kept out of his way: for the recollection of the familiarity to which he had admitted them inflamed his malignity; and he was sure to take every opportunity of overwhelming them with execration and invective. Not the least odious of his many odious peculiarities was the pleasure which he took in publicly browbeating and mortifying those whom, in his fits of maudlin tenderness, he had encouraged to presume on his favour.

The services which the government had expected from him were performed, not merely without flinching, but eagerly and triumphantly. His first exploit was the judicial murder of Algernon Sidney. What followed was in perfect harmony with this beginning. Respectable Tories lamented the disgrace which the barbarity and indecency of so great a functionary brought upon the administration of justice. But the excesses which filled such men with horror were titles to the esteem of James. Jeffreys, therefore, very soon after the death of Charles, obtained a seat in the cabinet and a peerage. This last honour was a signal mark of royal approbation. For, since the judicial system of the realm had been remodelled in the thirteenth century, no Chief Justice had been a Lord of Parliament. [233]

Guildford now found himself superseded in all his political functions, and restricted to his business as a judge in equity. At Council he was treated by Jeffreys with marked incivility. The whole legal patronage was in the hands of the Chief Justice; and it was well known by the bar that the surest way to propitiate the Chief Justice was to treat the Lord Keeper with disrespect.

James had not been many hours King when a dispute arose between the two heads of the law. The customs had been settled on Charles for life only, and could not therefore be legally exacted by the new sovereign. Some weeks must elapse before a House of Commons could be chosen. If, in the meantime, the duties were suspended, the revenue would suffer; the regular course of trade would be interrupted; the consumer would derive no benefit, and the only gainers would be those fortunate speculators whose cargoes might happen to arrive during the interval between the demise of the crown and the meeting of the Parliament. The Treasury was besieged by merchants whose warehouses were filled with goods on which duty had been paid, and who were in grievous apprehension of being undersold and ruined. Impartial men must admit that this was one of those cases in which a government may be justified in deviating from the strictly constitutional course. But when it is necessary to deviate from the strictly constitutional course, the deviation clearly ought to be no greater than the necessity requires. Guildford felt this, and gave advice which did him honour. He proposed that the duties should be levied, but should be kept in the Exchequer apart from other sums till the Parliament should meet. In this way the King, while violating the letter of the laws, would show that he wished to conform to their spirit, Jeffreys gave very different counsel. He advised James to put forth an edict declaring it to be His Majesty's will and pleasure that the customs should continue to be paid. This advice was well suited to the King's temper. The judicious proposition of the Lord Keeper was rejected as worthy only of a Whig, or of what was still worse, a Trimmer. A proclamation, such as the Chief Justice had suggested, appeared. Some people had expected that a violent outbreak of public indignation would be the consequence; but they were deceived. The spirit of opposition had not yet revived; and the court might safely venture to take steps which, five years before, would have produced a rebellion. In the City of London, lately so turbulent, scarcely a murmur was heard. [234]

The proclamation, which announced that the customs would still be levied, announced also that a Parliament would shortly meet. It was not without many misgivings that James had determined to call the Estates of his realm together. The moment was, indeed most auspicious for a general election. Never since the accession of the House of Stuart had the constituent bodies been so favourably disposed towards the Court. But the new sovereign's mind was haunted by an apprehension not to be mentioned even at this distance of time, without shame and indignation. He was afraid that by summoning his Parliament he might incur the displeasure of the King of France.

To the King of France it mattered little which of the two English factions triumphed at the elections: for all the Parliaments which had met since the Restoration, whatever might have been their temper as to domestic politics, had been jealous of the growing power of the House of Bourbon. On this subject there was little difference between the Whigs and the sturdy country gentlemen who formed the main strength of the Tory party. Lewis had therefore spared neither bribes nor menaces to prevent Charles from convoking the Houses; and James, who had from the first been in the secret of his brother's foreign politics, had, in becoming King of England, become also a hireling and vassal of France.

Rochester, Godolphin, and Sunderland, who now formed the interior cabinet, were perfectly aware that their late master had been in the habit of receiving money from the court of Versailles. They were consulted by James as to the expediency of convoking the legislature. They acknowledged the importance of keeping Lewis in good humour: but it seemed to them that the calling of a Parliament was not a matter of choice. Patient as the nation appeared to be, there were limits to its patience. The principle, that the money of the subject could not be lawfully taken by the King without the assent of the Commons, was firmly rooted in the public mind; and though, on all extraordinary emergency even Whigs might be willing to pay, during a few weeks, duties not imposed by statute, it was certain that even Tories would become refractory if such irregular taxation should continue longer than the special circumstances which alone justified it. The Houses then must meet; and since it was so, the sooner they were summoned the better. Even the short delay which would be occasioned by a reference to Versailles might produce irreparable mischief. Discontent and suspicion would spread fast through society. Halifax would complain that the fundamental principles of the constitution were violated. The Lord Keeper, like a cowardly pedantic special pleader as he was, would take the same side. What might have been done with a good grace would at last be done with a bad grace. Those very ministers whom His Majesty most wished to lower in the public estimation would gain popularity at his expense. The ill temper of the nation might seriously affect the result of the elections. These arguments were unanswerable. The King therefore notified to the country his intention of holding a Parliament. But he was painfully anxious to exculpate himself from the guilt of having acted undutifully and disrespectfully towards France. He led Barillon into a private room, and there apologised for having dared to take so important a step without the previous sanction of Lewis. "Assure your master," said James, "of my gratitude and attachment. I know that without his protection I can do nothing. I know what troubles my brother brought on himself by not adhering steadily to France. I will take good care not to let the Houses meddle with foreign affairs. If I see in them any disposition to make mischief, I will send them about their business. Explain this to my good brother. I hope that he will not take it amiss that I have acted without consulting him. He has a right to be consulted; and it is my wish to consult him about everything. But in this case the delay even of a week might have produced serious consequences."

These ignominious excuses were, on the following morning, repeated by Rochester. Barillon received them civilly. Rochester, grown bolder, proceeded to ask for money. "It will be well laid out," he said: "your master cannot employ his revenues better. Represent to him strongly how important it is that the King of England should be dependent, not on his own people, but on the friendship of France alone." [235]

Barillon hastened to communicate to Lewis the wishes of the English government; but Lewis had already anticipated them. His first act, after he was apprised of the death of Charles, was to collect bills of exchange on England to the amount of five hundred thousand livres, a sum equivalent to about thirty-seven thousand five hundred pounds sterling Such bills were not then to be easily procured in Paris at day's notice. In a few hours, however, the purchase was effected, and a courier started for London. [236] As soon as Barillon received the remittance, he flew to Whitehall, and communicated the welcome news. James was not ashamed to shed, or pretend to shed, tears of delight and gratitude. "Nobody but your King," he said, "does such kind, such noble things. I never can be grateful enough. Assure him that my attachment will last to the end of my days." Rochester, Sunderland, and Godolphin came, one after another, to embrace the ambassador, and to whisper to him that he had given new life to their royal master. [237]

But though James and his three advisers were pleased with the promptitude which Lewis had shown, they were by no means satisfied with the amount of the donation. As they were afraid, however, that they might give offence by importunate mendicancy, they merely hinted their wishes. They declared that they had no intention of haggling with so generous a benefactor as the French King, and that they were willing to trust entirely to his munificence. They, at the same time, attempted to propitiate him by a large sacrifice of national honour. It was well known that one chief end of his politics was to add the Belgian provinces to his dominions. England was bound by a treaty which had been concluded with Spain when Danby was Lord Treasurer, to resist any attempt which France might make on those provinces. The three ministers informed Barillon that their master considered that treaty as no longer obligatory. It had been made, they said, by Charles: it might, perhaps, have been binding on him; but his brother did not think himself bound by it. The most Christian King might, therefore, without any fear of opposition from England, proceed to annex Brabant and Hainault to his empire. [238]

It was at the same time resolved that an extraordinary embassy should be sent to assure Lewis of the gratitude and affection of James. For this mission was selected a man who did not as yet occupy a very eminent position, but whose renown, strangely made up of infamy and glory, filled at a later period the whole civilized world.

Soon after the Restoration, in the gay and dissolute times which have been celebrated by the lively pen of Hamilton, James, young and ardent in the pursuit of pleasure, had been attracted to Arabella Churchill, one of the maids of honour who waited on his first wife. The young lady was plain: but the taste of James was not nice: and she became his avowed mistress. She was the daughter of a poor Cavalier knight who haunted Whitehall, and made himself ridiculous by publishing a dull and affected folio, long forgotten, in praise of monarchy and monarchs. The necessities of the Churchills were pressing: their loyalty was ardent: and their only feeling about Arabella's seduction seems to have been joyful surprise that so homely a girl should have attained such high preferment.

Her interest was indeed of great use to her relations: but none of them was so fortunate as her eldest brother John, a fine youth, who carried a pair of colours in the foot guards. He rose fast in the court and in the army, and was early distinguished as a man of fashion and of pleasure. His stature was commanding, his face handsome, his address singularly winning, yet of such dignity that the most impertinent fops never ventured to take any liberty with him; his temper, even in the most vexatious and irritating circumstances, always under perfect command. His education had been so much neglected that he could not spell the most common words of his own language: but his acute and vigorous understanding amply supplied the place of book learning. He was not talkative: but when he was forced to speak in public, his natural eloquence moved the envy of practiced rhetoricians. [239] His courage was singularly cool and imperturbable. During many years of anxiety and peril, he never, in any emergency, lost even for a moment, the perfect use of his admirable judgment.

In his twenty-third year he was sent with his regiment to join the French forces, then engaged in operations against Holland. His serene intrepidity distinguished him among thousands of brave soldiers. His professional skill commanded the respect of veteran officers. He was publicly thanked at the head of the army, and received many marks of esteem and confidence from Turenne, who was then at the height of military glory.

Unhappily the splendid qualities of John Churchill were mingled with alloy of the most sordid kind. Some propensities, which in youth are singularly ungraceful, began very early to show themselves in him. He was thrifty in his very vices, and levied ample contributions on ladies enriched by the spoils of more liberal lovers. He was, during a short time, the object of the violent but fickle fondness of the Duchess of Cleveland. On one occasion he was caught with her by the King, and was forced to leap out of the window. She rewarded this hazardous feat of gallantry with a present of five thousand pounds. With this sum the prudent young hero instantly bought an annuity of five hundred a year, well secured on landed property. [240] Already his private drawer contained a hoard of broad pieces which, fifty years later, when he was a Duke, a Prince of the Empire, and the richest subject in Europe, remained untouched. [241]

After the close of the war he was attached to the household of the Duke of York, accompanied his patron to the Low Countries and to Edinburgh, and was rewarded for his services with a Scotch peerage and with the command of the only regiment of dragoons which was then on the English establishment. [242] His wife had a post in the family of James's younger daughter, the Princess of Denmark.

Lord Churchill was now sent as ambassador extraordinary to Versailles. He had it in charge to express the warm gratitude of the English government for the money which had been so generously bestowed. It had been originally intended that he should at the same time ask Lewis for a much larger sum; but, on full consideration, it was apprehended that such indelicate greediness might disgust the benefactor whose spontaneous liberality had been so signally displayed. Churchill was therefore directed to confine himself to thanks for what was past, and to say nothing about the future. [243]

But James and his ministers, even while protesting that they did not mean to be importunate, contrived to hint, very intelligibly, what they wished and expected. In the French ambassador they had a dexterous, a zealous, and perhaps, not a disinterested intercessor. Lewis made some difficulties, probably with the design of enhancing the value of his gifts. In a very few weeks, however, Barillon received from Versailles fifteen hundred thousand livres more. This sum, equivalent to about a hundred and twelve thousand pounds sterling, he was instructed to dole out cautiously. He was authorised to furnish the English government with thirty thousand pounds, for the purpose of corrupting members of the New House of Commons. The rest he was directed to keep in reserve for some extraordinary emergency, such as a dissolution or an insurrection. [244]

The turpitude of these transactions is universally acknowledged: but their real nature seems to be often misunderstood: for though the foreign policy of the last two Kings of the House of Stuart has never, since the correspondence of Barillon was exposed to the public eye, found an apologist among us, there is still a party which labours to excuse their domestic policy. Yet it is certain that between their domestic policy and their foreign policy there was a necessary and indissoluble connection. If they had upheld, during a single year, the honour of the country abroad, they would have been compelled to change the whole system of their administration at home. To praise them for refusing to govern in conformity with the sense of Parliament, and yet to blame them for submitting to the dictation of Lewis, is inconsistent. For they had only one choice, to be dependent on Lewis, or to be dependent on Parliament.

James, to do him justice, would gladly have found out a third way: but there was none. He became the slave of France: but it would be incorrect to represent him as a contented slave. He had spirit enough to be at times angry with himself for submitting to such thraldom, and impatient to break loose from it; and this disposition was studiously encouraged by the agents of many foreign powers.

His accession had excited hopes and fears in every continental court: and the commencement of his administration was watched by strangers with interest scarcely less deep than that which was felt by his own subjects. One government alone wished that the troubles which had, during three generations, distracted England, might be eternal. All other governments, whether republican or monarchical, whether Protestant or Roman Catholic, wished to see those troubles happily terminated.

The nature of the long contest between the Stuarts and their Parliaments was indeed very imperfectly apprehended by foreign statesmen: but no statesman could fail to perceive the effect which that contest had produced on the balance of power in Europe. In ordinary circumstances, the sympathies of the courts of Vienna and Madrid would doubtless have been with a prince struggling against subjects, and especially with a Roman Catholic prince struggling against heretical subjects: but all such sympathies were now overpowered by a stronger feeling. The fear and hatred inspired by the greatness, the injustice, and the arrogance of the French King were at the height. His neighbours might well doubt whether it were more dangerous to be at war or at peace with him. For in peace he continued to plunder and to outrage them; and they had tried the chances of war against him in vain. In this perplexity they looked with intense anxiety towards England. Would she act on the principles of the Triple Alliance or on the principles of the treaty of Dover? On that issue depended the fate of all her neighbours. With her help Lewis might yet be withstood: but no help could be expected from her till she was at unity with herself. Before the strife between the throne and the Parliament began, she had been a power of the first rank: on the day on which that strife terminated she became a power of the first rank again: but while the dispute remained undecided, she was condemned to inaction and to vassalage. She had been great under the Plantagenets and Tudors: she was again great under the princes who reigned after the Revolution: but, under the Kings of the House of Stuart, she was a blank in the map of Europe. She had lost one class of energies, and had not yet acquired another. That species of force, which, in the fourteenth century had enabled her to humble France and Spain, had ceased to exist. That species of force, which, in the eighteenth century, humbled France and Spain once more, had not yet been called into action. The government was no longer a limited monarchy after the fashion of the middle ages. It had not yet become a limited monarchy after the modern fashion. With the vices of two different systems it had the strength of neither. The elements of our polity, instead of combining in harmony, counteracted and neutralised each other All was transition, conflict, and disorder. The chief business of the sovereign was to infringe the privileges of the legislature. The chief business of the legislature was to encroach on the prerogatives of the sovereign. The King readily accepted foreign aid, which relieved him from the misery of being dependent on a mutinous Parliament. The Parliament refused to the King the means of supporting the national honor abroad, from an apprehension, too well founded, that those means might be employed in order to establish despotism at home. The effect of these jealousies was that our country, with all her vast resources, was of as little weight in Christendom as the duchy of Savoy or the duchy of Lorraine, and certainly of far less weight than the small province of Holland.

France was deeply interested in prolonging this state of things. [245] All other powers were deeply interested in bringing it to a close. The general wish of Europe was that James would govern in conformity with law and with public opinion. From the Escurial itself came letters, expressing an earnest hope that the new King of England would be on good terms with his Parliament and his people. [246] From the Vatican itself came cautions against immoderate zeal for the Roman Catholic faith. Benedict Odescalchi, who filled the papal chair under the name of Innocent the Eleventh, felt, in his character of temporal sovereign, all those apprehensions with which other princes watched the progress of the French power. He had also grounds of uneasiness which were peculiar to himself. It was a happy circumstance for the Protestant religion that, at the moment when the last Roman Catholic King of England mounted the throne, the Roman Catholic Church was torn by dissension, and threatened with a new schism. A quarrel similar to that which had raged in the eleventh century between the Emperors and the Supreme Pontiffs had arisen between Lewis and Innocent. Lewis, zealous even to bigotry for the doctrines of the Church of Rome, but tenacious of his regal authority, accused the Pope of encroaching on the secular rights of the French Crown, and was in turn accused by the Pope of encroaching on the spiritual power of the keys. The King, haughty as he was, encountered a spirit even more determined than his own. Innocent was, in all private relations, the meekest and gentlest of men: but when he spoke officially from the chair of St. Peter, he spoke in the tones of Gregory the Seventh and of Sixtus the Fifth. The dispute became serious. Agents of the King were excommunicated. Adherents of the Pope were banished. The King made the champions of his authority Bishops. The Pope refused them institution. They took possession of the Episcopal palaces and revenues: but they were incompetent to perform the Episcopal functions. Before the struggle terminated, there were in France thirty prelates who could not confirm or ordain. [247]

Had any prince then living, except Lewis, been engaged in such a dispute with the Vatican, he would have had all Protestant governments on his side. But the fear and resentment which the ambition and insolence of the French King had inspired were such that whoever had the courage manfully to oppose him was sure of public sympathy. Even Lutherans and Calvinists, who had always detested the Pope, could not refrain from wishing him success against a tyrant who aimed at universal monarchy. It was thus that, in the present century, many who regarded Pius the Seventh as Antichrist were well pleased to see Antichrist confront the gigantic power of Napoleon.

The resentment which Innocent felt towards France disposed him to take a mild and liberal view of the affairs of England. The return of the English people to the fold of which he was the shepherd would undoubtedly have rejoiced his soul. But he was too wise a man to believe that a nation so bold and stubborn, could be brought back to the Church of Rome by the violent and unconstitutional exercise of royal authority. It was not difficult to foresee that, if James attempted to promote the interests of his religion by illegal and unpopular means, the attempt would fail; the hatred with which the heretical islanders regarded the true faith would become fiercer and stronger than ever; and an indissoluble association would be created in their minds between Protestantism and civil freedom, between Popery and arbitrary power. In the meantime the King would be an object of aversion and suspicion to his people. England would still be, as she had been under James the First, under Charles the First, and under Charles the Second, a power of the third rank; and France would domineer unchecked beyond the Alps and the Rhine. On the other hand, it was probable that James, by acting with prudence and moderation, by strictly observing the laws and by exerting himself to win the confidence of his Parliament, might be able to obtain, for the professors of his religion, a large measure of relief. Penal statutes would go first. Statutes imposing civil incapacities would soon follow. In the meantime, the English King and the English nation united might head the European coalition, and might oppose an insuperable barrier to the cupidity of Lewis.

Innocent was confirmed in his judgment by the principal Englishmen who resided at his court. Of these the most illustrious was Philip Howard, sprung from the noblest houses of Britain, grandson, on one side, of an Earl of Arundel, on the other, of a Duke of Lennox. Philip had long been a member of the sacred college: he was commonly designated as the Cardinal of England; and he was the chief counsellor of the Holy See in matters relating to his country. He had been driven into exile by the outcry of Protestant bigots; and a member of his family, the unfortunate Stafford, had fallen a victim to their rage. But neither the Cardinal's own wrongs, nor those of his house, had so heated his mind as to make him a rash adviser. Every letter, therefore, which went from the Vatican to Whitehall, recommended patience, moderation, and respect for the prejudices of the English people. [248]

In the mind of James there was a great conflict. We should do him injustice if we supposed that a state of vassalage was agreeable to his temper. He loved authority and business. He had a high sense of his own personal dignity. Nay, he was not altogether destitute of a sentiment which bore some affinity to patriotism. It galled his soul to think that the kingdom which he ruled was of far less account in the world than many states which possessed smaller natural advantages; and he listened eagerly to foreign ministers when they urged him to assert the dignity of his rank, to place himself at the head of a great confederacy, to become the protector of injured nations, and to tame the pride of that power which held the Continent in awe. Such exhortations made his heart swell with emotions unknown to his careless and effeminate brother. But those emotions were soon subdued by a stronger feeling. A vigorous foreign policy necessarily implied a conciliatory domestic policy. It was impossible at once to confront the might of France and to trample on the liberties of England. The executive government could undertake nothing great without the support of the Commons, and could obtain their support only by acting in conformity with their opinion. Thus James found that the two things which he most desired could not be enjoyed together. His second wish was to be feared and respected abroad. But his first wish was to be absolute master at home. Between the incompatible objects on which his heart was set he, for a time, went irresolutely to and fro. The conflict in his own breast gave to his public acts a strange appearance of indecision and insincerity. Those who, without the clue, attempted to explore the maze of his politics were unable to understand how the same man could be, in the same week, so haughty and so mean. Even Lewis was perplexed by the vagaries of an ally who passed, in a few hours, from homage to defiance, and from defiance to homage. Yet, now that the whole conduct of James is before us, this inconsistency seems to admit of a simple explanation.

At the moment of his accession he was in doubt whether the kingdom would peaceably submit to his authority. The Exclusionists, lately so powerful, might rise in arms against him. He might be in great need of French money and French troops. He was therefore, during some days, content to be a sycophant and a mendicant. He humbly apologised for daring to call his Parliament together without the consent of the French government. He begged hard for a French subsidy. He wept with joy over the French bills of exchange. He sent to Versailles a special embassy charged with assurances of his gratitude, attachment, and submission. But scarcely had the embassy departed when his feelings underwent a change. He had been everywhere proclaimed without one riot, without one seditions outcry. From all corners of the island he received intelligence that his subjects were tranquil and obedient. His spirit rose. The degrading relation in which he stood to a foreign power seemed intolerable. He became proud, punctilious, boastful, quarrelsome. He held such high language about the dignity of his crown and the balance of power that his whole court fully expected a complete revolution in the foreign politics of the realm. He commanded Churchill to send home a minute report of the ceremonial of Versailles, in order that the honours with which the English embassy was received there might be repaid, and not more than repaid, to the representative of France at Whitehall. The news of this change was received with delight at Madrid, Vienna, and the Hague. [249] Lewis was at first merely diverted. "My good ally talks big," he said; "but he is as fond of my pistoles as ever his brother was." Soon, however, the altered demeanour of James, and the hopes with which that demeanour inspired both the branches of the House of Austria, began to call for more serious notice. A remarkable letter is still extant, in which the French King intimated a strong suspicion that he had been duped, and that the very money which he had sent to Westminster would be employed against him. [250]

By this time England had recovered from the sadness and anxiety caused by the death of the goodnatured Charles. The Tories were loud in professions of attachment to their new master. The hatred of the Whigs was kept down by fear. That great mass which is not steadily Whig or Tory, but which inclines alternately to Whiggism and to Toryism, was still on the Tory side. The reaction which had followed the dissolution of the Oxford parliament had not yet spent its force.

The King early put the loyalty of his Protestant friends to the proof. While he was a subject, he had been in the habit of hearing mass with closed doors in a small oratory which had been fitted up for his wife. He now ordered the doors to be thrown open, in order that all who came to pay their duty to him might see the ceremony. When the host was elevated there was a strange confusion in the antechamber. The Roman Catholics fell on their knees: the Protestants hurried out of the room. Soon a new pulpit was erected in the palace; and, during Lent, a series of sermons was preached there by Popish divines, to the great discomposure of zealous churchmen. [251]

A more serious innovation followed. Passion week came; and the King determined to hear mass with the same pomp with which his predecessors had been surrounded when they repaired to the temples of the established religion. He announced his intention to the three members of the interior cabinet, and requested them to attend him. Sunderland, to whom all religions were the same, readily consented. Godolphin, as Chamberlain of the Queen, had already been in the habit of giving her his hand when she repaired to her oratory, and felt no scruple about bowing himself officially in the house of Rimmon. But Rochester was greatly disturbed. His influence in the country arose chiefly from the opinion entertained by the clergy and by the Tory gentry, that he was a zealous and uncompromising friend of the Church. His orthodoxy had been considered as fully atoning for faults which would otherwise have made him the most unpopular man in the kingdom, for boundless arrogance, for extreme violence of temper, and for manners almost brutal. [252] He feared that, by complying with the royal wishes, he should greatly lower himself in the estimation of his party. After some altercation he obtained permission to pass the holidays out of town. All the other great civil dignitaries were ordered to be at their posts on Easter Sunday. The rites of the Church of Rome were once more, after an interval of a hundred and twenty-seven years, performed at Westminster with regal splendour. The Guards were drawn out. The Knights of the Garter wore their collars. The Duke of Somerset, second in rank among the temporal nobles of the realm, carried the sword of state. A long train of great lords accompanied the King to his seat. But it was remarked that Ormond and Halifax remained in the antechamber. A few years before they had gallantly defended the cause of James against some of those who now pressed past them. Ormond had borne no share in the slaughter of Roman Catholics. Halifax had courageously pronounced Stafford not guilty. As the timeservers who had pretended to shudder at the thought of a Popish king, and who had shed without pity the innocent blood of a Popish peer, now elbowed each other to get near a Popish altar, the accomplished Trimmer might, with some justice, indulge his solitary pride in that unpopular nickname. [253]

Within a week after this ceremony James made a far greater sacrifice of his own religious prejudices than he had yet called on any of his Protestant subjects to make. He was crowned on the twenty-third of April, the feast of the patron saint of the realm. The Abbey and the Hall were splendidly decorated. The presence of the Queen and of the peeresses gave to the solemnity a charm which had been wanting to the magnificent inauguration of the late King. Yet those who remembered that inauguration pronounced that there was a great falling off. The ancient usage was that, before a coronation, the sovereign, with all his heralds, judges, councillors, lords, and great dignitaries, should ride in state from the Tower of Westminster. Of these cavalcades the last and the most glorious was that which passed through the capital while the feelings excited by the Restoration were still in full vigour. Arches of triumph overhung the road. All Cornhill, Cheapside, Saint Paul's Church Yard, Fleet Street, and the Strand, were lined with scaffolding. The whole city had thus been admitted to gaze on royalty in the most splendid and solemn form that royalty could wear. James ordered an estimate to be made of the cost of such a procession, and found that it would amount to about half as much as he proposed to expend in covering his wife with trinkets. He accordingly determined to be profuse where he ought to have been frugal, and niggardly where he might pardonably have been profuse. More than a hundred thousand pounds were laid out in dressing the Queen, and the procession from the Tower was omitted. The folly of this course is obvious. If pageantry be of any use in politics, it is of use as a means of striking the imagination of the multitude. It is surely the height of absurdity to shut out the populace from a show of which the main object is to make an impression on the populace. James would have shown a more judicious munificence and a more judicious parsimony, if he had traversed London from east to west with the accustomed pomp, and had ordered the robes of his wife to be somewhat less thickly set with pearls and diamonds. His example was, however, long followed by his successors; and sums, which, well employed, would have afforded exquisite gratification to a large part of the nation, were squandered on an exhibition to which only three or four thousand privileged persons were admitted. At length the old practice was partially revived. On the day of the coronation of Queen Victoria there was a procession in which many deficiencies might be noted, but which was seen with interest and delight by half a million of her subjects, and which undoubtedly gave far greater pleasure, and called forth far greater enthusiasm, than the more costly display which was witnessed by a select circle within the Abbey.

James had ordered Sancroft to abridge the ritual. The reason publicly assigned was that the day was too short for all that was to be done. But whoever examines the changes which were made will see that the real object was to remove some things highly offensive to the religious feelings of a zealous Roman Catholic. The Communion Service was not read. The ceremony of presenting the sovereign with a richly bound copy of the English Bible, and of exhorting him to prize above all earthly treasures a volume which he had been taught to regard as adulterated with false doctrine, was omitted. What remained, however, after all this curtailment, might well have raised scruples in the mind of a man who sincerely believed the Church of England to be a heretical society, within the pale of which salvation was not to be found. The King made an oblation on the altar. He appeared to join in the petitions of the Litany which was chaunted by the Bishops. He received from those false prophets the unction typical of a divine influence, and knelt with the semblance of devotion, while they called down upon him that Holy Spirit of which they were, in his estimation, the malignant and obdurate foes. Such are the inconsistencies of human nature that this man, who, from a fanatical zeal for his religion, threw away three kingdoms, yet chose to commit what was little short of an act of apostasy, rather than forego the childish pleasure of being invested with the gewgaws symbolical of kingly power. [254]

Francis Turner, Bishop of Ely, preached. He was one of those writers who still affected the obsolete style of Archbishop Williams and Bishop Andrews. The sermon was made up of quaint conceits, such as seventy years earlier might have been admired, but such as moved the scorn of a generation accustomed to the purer eloquence of Sprat, of South, and of Tillotson. King Solomon was King James. Adonijah was Monmouth. Joab was a Rye House conspirator; Shimei, a Whig libeller; Abiathar, an honest but misguided old Cavalier. One phrase in the Book of Chronicles was construed to mean that the King was above the Parliament; and another was cited to prove that he alone ought to command the militia. Towards the close of the discourse the orator very timidly alluded to the new and embarrassing position in which the Church stood with reference to the sovereign, and reminded his hearers that the Emperor Constantius Chlorus, though not himself a Christian, had held in honour those Christians who remained true to their religion, and had treated with scorn those who sought to earn his favour by apostasy. The service in the Abbey was followed by a stately banquet in the Hall, the banquet by brilliant fireworks, and the fireworks by much bad poetry. [255]

This may be fixed upon as the moment at which the enthusiasm of the Tory party reached the zenith. Ever since the accession of the new King, addresses had been pouring in which expressed profound veneration for his person and office, and bitter detestation of the vanquished Whigs. The magistrates of Middlesex thanked God for having confounded the designs of those regicides and exclusionists who, not content with having murdered one blessed monarch, were bent on destroying the foundations of monarchy. The city of Gloucester execrated the bloodthirsty villains who had tried to deprive His Majesty of his just inheritance. The burgesses of Wigan assured their sovereign that they would defend him against all plotting Achitophels and rebellions Absaloms. The grand jury of Suffolk expressed a hope that the Parliament would proscribe all the exclusionists. Many corporations pledged themselves never to return to the House of Commons any person who had voted for taking away the birthright of James. Even the capital was profoundly obsequious. The lawyers and the traders vied with each other in servility. Inns of Court and Inns of Chancery sent up fervent professions of attachment and submission. All the great commercial societies, the East India Company, the African Company, the Turkey Company, the Muscovy Company, the Hudson's Bay Company, the Maryland Merchants, the Jamaica Merchants, the Merchant Adventurers, declared that they most cheerfully complied with the royal edict which required them still to pay custom. Bristol, the second city of the island, echoed the voice of London. But nowhere was the spirit of loyalty stronger than in the two Universities. Oxford declared that she would never swerve from those religious principles which bound her to obey the King without any restrictions or limitations. Cambridge condemned, in severe terms, the violence and treachery of those turbulent men who had maliciously endeavoured to turn the stream of succession out of the ancient channel. [256]

Such addresses as these filled, during a considerable time, every number of the London Gazette. But it was not only by addressing that the Tories showed their zeal. The writs for the new Parliament had gone forth, and the country was agitated by the tumult of a general election. No election had ever taken place under circumstances so favourable to the Court. Hundreds of thousands whom the Popish plot had scared into Whiggism had been scared back by the Rye House plot into Toryism. In the counties the government could depend on an overwhelming majority of the gentlemen of three hundred a year and upwards, and on the clergy almost to a man. Those boroughs which had once been the citadels of Whiggism had recently been deprived of their charters by legal sentence, or had prevented the sentence by voluntary surrender. They had now been reconstituted in such a manner that they were certain to return members devoted to the crown. Where the townsmen could not be trusted, the freedom had been bestowed on the neighbouring squires. In some of the small western corporations, the constituent bodies were in great part composed of Captains and Lieutenants of the Guards. The returning officers were almost everywhere in the interest of the court. In every shire the Lord Lieutenant and his deputies formed a powerful, active, and vigilant committee, for the purpose of cajoling and intimidating the freeholders. The people were solemnly warned from thousands of pulpits not to vote for any Whig candidate, as they should answer it to Him who had ordained the powers that be, and who had pronounced rebellion a sin not less deadly than witchcraft. All these advantages the predominant party not only used to the utmost, but abused in so shameless a manner that grave and reflecting men, who had been true to the monarchy in peril, and who bore no love to republicans and schismatics, stood aghast, and augured from such beginnings the approach of evil times. [257]

Yet the Whigs, though suffering the just punishment of their errors, though defeated, disheartened, and disorganized, did not yield without an effort. They were still numerous among the traders and artisans of the towns, and among the yeomanry and peasantry of the open country. In some districts, in Dorsetshire for example, and in Somersetshire, they were the great majority of the population. In the remodelled boroughs they could do nothing: but, in every county where they had a chance, they struggled desperately. In Bedfordshire, which had lately been represented by the virtuous and unfortunate Russell, they were victorious on the show of hands, but were beaten at the poll. [258] In Essex they polled thirteen hundred votes to eighteen hundred. [259] At the election for Northamptonshire the common people were so violent in their hostility to the court candidate that a body of troops was drawn out in the marketplace of the county town, and was ordered to load with ball. [260] The history of the contest for Buckinghamshire is still more remarkable. The whig candidate, Thomas Wharton, eldest son of Philip Lord Wharton, was a man distinguished alike by dexterity and by audacity, and destined to play a conspicuous, though not always a respectable, part in the politics of several reigns. He had been one of those members of the House of Commons who had carried up the Exclusion Bill to the bar of the Lords. The court was therefore bent on throwing him out by fair or foul means. The Lord Chief Justice Jeffreys himself came down into Buckinghamshire, for the purpose of assisting a gentleman named Hacket, who stood on the high Tory interest. A stratagem was devised which, it was thought, could not fail of success. It was given out that the polling would take place at Ailesbury; and Wharton, whose skill in all the arts of electioneering was unrivalled, made his arrangements on that supposition. At a moment's warning the Sheriff adjourned the poll to Newport Pagnell. Wharton and his friends hurried thither, and found that Hacket, who was in the secret, had already secured every inn and lodging. The Whig freeholders were compelled to tie their horses to the hedges, and to sleep under the open sky in the meadows which surround the little town. It was with the greatest difficulty that refreshments could be procured at such short notice for so large a number of men and beasts, though Wharton, who was utterly regardless of money when his ambition and party spirit were roused, disbursed fifteen hundred pounds in one day, an immense outlay for those times. Injustice seems, however, to have animated the courage of the stouthearted yeomen of Bucks, the sons of the constituents of John Hampden. Not only was Wharton at the head of the poll; but he was able to spare his second votes to a man of moderate opinions, and to throw out the Chief Justice's candidate. [261]

In Cheshire the contest lasted six days. The Whigs polled about seventeen hundred votes, the Tories about two thousand. The common people were vehement on the Whig side, raised the cry of "Down with the Bishops," insulted the clergy in the streets of Chester, knocked down one gentleman of the Tory party, broke the windows and beat the constables. The militia was called out to quell the riot, and was kept assembled, in order to protect the festivities of the conquerors. When the poll closed, a salute of five great guns from the castle proclaimed the triumph of the Church and the Crown to the surrounding country. The bells rang. The newly elected members went in state to the City Cross, accompanied by a band of music, and by a long train of knights and squires. The procession, as it marched, sang "Joy to Great Caesar," a loyal ode, which had lately been written by Durfey, and which, though like all Durfey's writings, utterly contemptible, was, at that time, almost as popular as Lillibullero became a few years later. [262] Round the Cross the trainbands were drawn up in order: a bonfire was lighted: the Exclusion Bill was burned: and the health of King James was drunk with loud acclamations. The following day was Sunday. In the morning the militia lined the streets leading to the Cathedral. The two knights of the shire were escorted with great pomp to their choir by the magistracy of the city, heard the Dean preach a sermon, probably on the duty of passive obedience, and were afterwards feasted by the Mayor. [263]

In Northumberland the triumph of Sir John Fenwick, a courtier whose name afterwards obtained a melancholy celebrity, was attended by circumstances which excited interest in London, and which were thought not unworthy of being mentioned in the despatches of foreign ministers. Newcastle was lighted up with great piles of coal. The steeples sent forth a joyous peal. A copy of the Exclusion Bill, and a black box, resembling that which, according to the popular fable, contained the contract between Charles the Second and Lucy Walters, were publicly committed to the flames, with loud acclamations. [264]

The general result of the elections exceeded the most sanguine expectations of the court. James found with delight that it would be unnecessary for him to expend a farthing in buying votes. He Said that, with the exception of about forty members, the House of Commons was just such as he should himself have named. [265] And this House of Commons it was in his power, as the law then stood, to keep to the end of his reign.

Secure of parliamentary support, he might now indulge in the luxury of revenge. His nature was not placable; and, while still a subject, he had suffered some injuries and indignities which might move even a placable nature to fierce and lasting resentment. One set of men in particular had, with a baseness and cruelty beyond all example and all description, attacked his honour and his life, the witnesses of the plot. He may well be excused for hating them; since, even at this day, the mention of their names excites the disgust and horror of all sects and parties.

Some of these wretches were already beyond the reach of human justice. Bedloe had died in his wickedness, without one sign of remorse or shame. [266] Dugdale had followed, driven mad, men said, by the Furies of an evil conscience, and with loud shrieks imploring those who stood round his bed to take away Lord Stafford. [267] Carstairs, too, was gone. His end had been all horror and despair; and, with his last breath, he had told his attendants to throw him into a ditch like a dog, for that he was not fit to sleep in a Christian burial ground. [268] But Oates and Dangerfield were still within the reach of the stern prince whom they had wronged. James, a short time before his accession, had instituted a civil suit against Oates for defamatory words; and a jury had given damages to the enormous amount of a hundred thousand pounds. [269] The defendant had been taken in execution, and was lying in prison as a debtor, without hope of release. Two bills of indictment against him for perjury had been found by the grand jury of Middlesex, a few weeks before the death of Charles. Soon after the close of the elections the trial came on.

Among the upper and middle classes Oates had few friends left. The most respectable Whigs were now convinced that, even if his narrative had some foundation in fact, he had erected on that foundation a vast superstructure of romance. A considerable number of low fanatics, however, still regarded him as a public benefactor. These people well knew that, if he were convicted, his sentence would be one of extreme severity, and were therefore indefatigable in their endeavours to manage an escape. Though he was as yet in confinement only for debt, he was put into irons by the authorities of the King's Bench prison; and even so he was with difficulty kept in safe custody. The mastiff that guarded his door was poisoned; and, on the very night preceding the trial, a ladder of ropes was introduced into the cell.

On the day in which Titus was brought to the bar, Westminster Hall was crowded with spectators, among whom were many Roman Catholics, eager to see the misery and humiliation of their persecutor. [270] A few years earlier his short neck, his legs uneven, the vulgar said, as those of a badger, his forehead low as that of a baboon, his purple cheeks, and his monstrous length of chin, had been familiar to all who frequented the courts of law. He had then been the idol of the nation. Wherever he had appeared, men had uncovered their heads to him. The lives and estates of the magnates of the realm had been at his mercy. Times had now changed; and many, who had formerly regarded him as the deliverer of his country, shuddered at the sight of those hideous features on which villany seemed to be written by the hand of God. [271]

It was proved, beyond all possibility of doubt, that this man had by false testimony deliberately murdered several guiltless persons. He called in vain on the most eminent members of the Parliaments which had rewarded and extolled him to give evidence in his favour. Some of those whom he had summoned absented themselves. None of them said anything tending to his vindication. One of them, the Earl of Huntingdon, bitterly reproached him with having deceived the Houses and drawn on them the guilt of shedding innocent blood. The Judges browbeat and reviled the prisoner with an intemperance which, even in the most atrocious cases, ill becomes the judicial character. He betrayed, however, no sign of fear or of shame, and faced the storm of invective which burst upon him from bar, bench, and witness box, with the insolence of despair. He was convicted on both indictments. His offence, though, in a moral light, murder of the most aggravated kind, was, in the eye of the law, merely a misdemeanour. The tribunal, however, was desirous to make his punishment more severe than that of felons or traitors, and not merely to put him to death, but to put him to death by frightful torments. He was sentenced to be stripped of his clerical habit, to be pilloried in Palace Yard, to be led round Westminster Hall with an inscription declaring his infamy over his head, to be pilloried again in front of the Royal Exchange, to be whipped from Aldgate to Newgate, and, after an interval of two days, to be whipped from Newgate to Tyburn. If, against all probability, he should happen to survive this horrible infliction, he was to be kept close prisoner during life. Five times every year he was to be brought forth from his dungeon and exposed on the pillory in different parts of the capital. [272] This rigorous sentence was rigorously executed. On the day on which Oates was pilloried in Palace Yard he was mercilessly pelted and ran some risk of being pulled in pieces. [273] But in the City his partisans mustered in great force, raised a riot, and upset the pillory. [274] They were, however, unable to rescue their favourite. It was supposed that he would try to escape the horrible doom which awaited him by swallowing poison. All that he ate and drank was therefore carefully inspected. On the following morning he was brought forth to undergo his first flogging. At an early hour an innumerable multitude filled all the streets from Aldgate to the Old Bailey. The hangman laid on the lash with such unusual severity as showed that he had received special instructions. The blood ran down in rivulets. For a time the criminal showed a strange constancy: but at last his stubborn fortitude gave way. His bellowings were frightful to hear. He swooned several times; but the scourge still continued to descend. When he was unbound, it seemed that he had borne as much as the human frame can bear without dissolution. James was entreated to remit the second flogging. His answer was short and clear: "He shall go through with it, if he has breath in his body." An attempt was made to obtain the Queen's intercession; but she indignantly refused to say a word in favour of such a wretch. After an interval of only forty-eight hours, Oates was again brought out of his dungeon. He was unable to stand, and it was necessary to drag him to Tyburn on a sledge. He seemed quite insensible; and the Tories reported that he had stupified himself with strong drink. A person who counted the stripes on the second day said that they were seventeen hundred. The bad man escaped with life, but so narrowly that his ignorant and bigoted admirers thought his recovery miraculous, and appealed to it as a proof of his innocence. The doors of the prison closed upon him. During many months he remained ironed in the darkest hole of Newgate. It was said that in his cell he gave himself up to melancholy, and sate whole days uttering deep groans, his arms folded, and his hat pulled over his eyes. It was not in England alone that these events excited strong interest. Millions of Roman Catholics, who knew nothing of our institutions or of our factions, had heard that a persecution of singular barbarity had raged in our island against the professors of the true faith, that many pious men had suffered martyrdom, and that Titus Oates had been the chief murderer. There was, therefore, great joy in distant countries when it was known that the divine justice had overtaken him. Engravings of him, looking out from the pillory, and writhing at the cart's tail, were circulated all over Europe; and epigrammatists, in many languages, made merry with the doctoral title which he pretended to have received from the University of Salamanca, and remarked that, since his forehead could not be made to blush, it was but reasonable that his back should do so. [275]

Horrible as were the sufferings of Oates, they did not equal his crimes. The old law of England, which had been suffered to become obsolete, treated the false witness, who had caused death by means of perjury, as a murderer. [276] This was wise and righteous; for such a witness is, in truth, the worst of murderers. To the guilt of shedding innocent blood he has added the guilt of violating the most solemn engagement into which man can enter with his fellow men, and of making institutions, to which it is desirable that the public should look with respect and confidence, instruments of frightful wrong and objects of general distrust. The pain produced by ordinary murder bears no proportion to the pain produced by murder of which the courts of justice are made the agents. The mere extinction of life is a very small part of what makes an execution horrible. The prolonged mental agony of the sufferer, the shame and misery of all connected with him, the stain abiding even to the third and fourth generation, are things far more dreadful than death itself. In general it may be safely affirmed that the father of a large family would rather be bereaved of all his children by accident or by disease than lose one of them by the hands of the hangman. Murder by false testimony is therefore the most aggravated species of murder; and Oates had been guilty of many such murders. Nevertheless the punishment which was inflicted upon him cannot be justified. In sentencing him to be stripped of his ecclesiastical habit and imprisoned for life, the judges exceeded their legal power. They were undoubtedly competent to inflict whipping; nor had the law assigned a limit to the number of stripes. But the spirit of the law clearly was that no misdemeanour should be punished more severely than the most atrocious felonies. The worst felon could only be hanged. The judges, as they believed, sentenced Oates to be scourged to death. That the law was defective is not a sufficient excuse: for defective laws should be altered by the legislature, and not strained by the tribunals; and least of all should the law be strained for the purpose of inflicting torture and destroying life. That Oates was a bad man is not a sufficient excuse; for the guilty are almost always the first to suffer those hardships which are afterwards used as precedents against the innocent. Thus it was in the present case. Merciless flogging soon became an ordinary punishment for political misdemeanours of no very aggravated kind. Men were sentenced, for words spoken against the government, to pains so excruciating that they, with unfeigned earnestness, begged to be brought to trial on capital charges, and sent to the gallows. Happily the progress of this great evil was speedily stopped by the Revolution, and by that article of the Bill of Rights which condemns all cruel and unusual punishments.