Several eminent Whigs were in constant communication with Dykvelt: but the heads of the great houses of Cavendish and Russell could not take quite so active and prominent a part as might have been expected from their station and their opinions, The fame and fortunes of Devonshire were at that moment under a cloud. He had an unfortunate quarrel with the court, arising, not from a public and honourable cause, but from a private brawl in which even his warmest friends could not pronounce him altogether blameless. He had gone to Whitehall to pay his duty, and had there been insulted by a man named Colepepper, one of a set of bravoes who invested the perlieus of the court, and who attempted to curry favour with the government by affronting members of the opposition. The King himself expressed great indignation at the manner in which one of his most distinguished peers had been treated under the royal roof; and Devonshire was pacified by an intimation that the offender should never again be admitted into the palace. The interdict, however, was soon taken off. The Earl's resentment revived. His servants took up his cause. Hostilities such as seemed to belong to a ruder age disturbed the streets of Westminster. The time of the Privy Council was occupied by the criminations and recriminations of the adverse parties. Colepepper's wife declared that she and her husband went in danger of their lives, and that their house had been assaulted by ruffians in the Cavendish livery. Devonshire replied that he had been fired at from Colepepper's windows. This was vehemently denied. A pistol, it was owned, loaded with gunpowder, had been discharged. But this had been done in a moment of terror merely for the purpose of alarming the Guards. While this feud was at the height the Earl met Colepepper in the drawingroom at Whitehall, and fancied that he saw triumph and defiance in the bully's countenance. Nothing unseemly passed in the royal sight; but, as soon as the enemies had left the presence chamber, Devonshire proposed that they should instantly decide their dispute with their swords. The challenge was refused. Then the high spirited peer forgot the respect which he owed to the place where he stood and to his own character, and struck Colepepper in the face with a cane. All classes agreed in condemning this act as most indiscreet and indecent; nor could Devonshire himself, when he had cooled, think of it without vexation and shame. The government, however, with its usual folly, treated him so severely that in a short time the public sympathy was all on his side. A criminal information was filed in the King's Bench. The defendant took his stand on the privileges of the peerage but on this point a decision was promptly given against him nor is it possible to deny that the decision, whether it were or were not according to the technical rules of English law, was in strict conformity with the great principles on which all laws ought to be framed. Nothing was then left to him but to plead guilty. The tribunal had, by successive dismissions, been reduced to such complete subjection, that the government which had instituted the prosecution was allowed to prescribe the punishment. The judges waited in a body on Jeffreys, who insisted that they should impose a fine of not less than thirty thousand pounds. Thirty thousand pounds, when compared with the revenues of the English grandees of that age, may be considered as equivalent to a hundred and fifty thousand pounds in the nineteenth century. In the presence of the Chancellor not a word of disapprobation was tittered: but, when the judges had retired, Sir John Powell, in whom all the little honesty of the bench was concentrated, muttered that the proposed penalty was enormous, and that one tenth part would be amply sufficient. His brethren did not agree with him; nor did he, on this occasion, show the courage by which, on a memorable day some months later, he signally retrieved his fame. The Earl was accordingly condemned to a fine of thirty thousand pounds, and to imprisonment till payment should be made. Such a sum could not then be raised at a day's notice even by the greatest of the nobility. The sentence of imprisonment, however, was more easily pronounced than executed. Devonshire had retired to Chatsworth, where he was employed in turning the old Gothic mansion of his family into an edifice worthy of Palladio. The Peak was in those days almost as rude a district as Connemara now is, and the Sheriff found, or pretended, that it was difficult to arrest the lord of so wild a region in the midst of a devoted household and tenantry. Some days were thus gained: but at last both the Earl and the Sheriff were lodged in prison. Meanwhile a crowd of intercessors exerted their influence. The story ran that the Countess Dowager of Devonshire had obtained admittance to the royal closet, that she had reminded James how her brother in law, the gallant Charles Cavendish, had fallen at Gainsborough fighting for the crown, and that she had produced notes, written by Charles the First and Charles the Second, in acknowledgment of great sums lent by her Lord during the civil troubles. Those loans had never been repaid, and, with the interest, amounted, it was said, to more even than the immense fine which the Court of King's Bench had imposed. There was another consideration which seems to have had more weight with the King than the memory of former services. It might be necessary to call a Parliament. Whenever that event took place it was believed that Devonshire would bring a writ of error. The point on which he meant to appeal from the judgment of the King's Bench related to the privileges of peerage. The tribunal before which the appeal must come was the House of Peers. On such an occasion the court could not be certain of the support even of the most courtly nobles. There was little doubt that the sentence would be annulled, and that, by grasping at too much, the government would lose all. James was therefore disposed to a compromise. Devonshire was informed that, if he would give a bond for the whole fine, and thus preclude himself from the advantage which he might derive from a writ of error, he should be set at liberty. Whether the bond should be enforced or not would depend on his subsequent conduct. If he would support the dispensing power nothing would be exacted from him. If he was bent on popularity he must pay thirty thousand pounds for it. He refused, during some time, to consent to these terms; but confinement was insupportable to him. He signed the bond, and was let out of prison: but, though he consented to lay this heavy burden on his estate, nothing could induce him to promise that he would abandon his principles and his party. He was still entrusted with all the secrets of the opposition: but during some months his political friends thought it best for himself and for the cause that he should remain in the background. [269]

The Earl of Bedford had never recovered from the effects of the great calamity which, four years before, had almost broken his heart. From private as well as from public feelings he was adverse to the court: but he was not active in concerting measures against it. His place in the meetings of the malecontents was supplied by his nephew. This was the celebrated Edward Russell, a man of undoubted courage and capacity, but of loose principles and turbulent temper. He was a sailor, had distinguished himself in his profession, and had in the late reign held an office in the palace. But all the ties which bound him to the royal family had been sundered by the death of his cousin William. The daring, unquiet, and vindictive seaman now sate in the councils called by the Dutch envoy as the representative of the boldest and most eager section of the opposition, of those men who, under the names of Roundheads, Exclusionists, and Whigs, had maintained with various fortune a contest of five and forty years against three successive Kings. This party, lately prostrate and almost extinct, but now again full of life and rapidly rising to ascendency, was troubled by none of the scruples which still impeded the movements of Tories and Trimmers, and was prepared to draw the sword against the tyrant on the first day on which the sword could be drawn with reasonable hope of success.

Three men are yet to be mentioned with whom Dykvelt was in confidential communication, and by whose help he hoped to secure the good will of three great professions. Bishop Compton was the agent employed to manage the clergy: Admiral Herbert undertook to exert all his influence over the navy; and an interest was established in the army by the instrumentality of Churchill.

The conduct of Compton and Herbert requires no explanation. Having, in all things secular, served the crown with zeal and fidelity, they had incurred the royal displeasure by refusing to be employed as tools for the destruction of their own religion. Both of them had learned by experience how soon James forgot obligations, and how bitterly he remembered what it pleased him to consider as wrongs. The Bishop had by an illegal sentence been suspended from his episcopal functions. The Admiral had in one hour been reduced from opulence to penury. The situation of Churchill was widely different. He had been raised by the royal bounty from obscurity to eminence, and from poverty to wealth. Having started in life a needy ensign, he was now, in his thirty-seventh year, a Major General, a peer of Scotland, a peer of England: he commanded a troop of Life Guards: he had been appointed to several honourable and lucrative offices; and as yet there was no sign that he had lost any part of the favour to which he owed so much. He was bound to James, not only by the common obligations of allegiance, but by military honour, by personal gratitude, and, as appeared to superficial observers, by the strongest ties of interest. But Churchill himself was no superficial observer. He knew exactly what his interest really was. If his master were once at full liberty to employ Papists, not a single Protestant would be employed. For a time a few highly favoured servants of the crown might possibly be exempted from the general proscription in the hope that they would be induced to change their religion. But even these would, after a short respite, fall one by one, as Rochester had already fallen. Churchill might indeed secure himself from this danger, and might raise himself still higher in the royal favour, by conforming to the Church of Rome; and it might seem that one who was not less distinguished by avarice and baseness than by capacity and valour was not likely to be shocked at the thought of hearing amass. But so inconsistent is human nature that there are tender spots even in seared consciences. And thus this man, who had owed his rise to his sister's dishonour, who had been kept by the most profuse, imperious, and shameless of harlots, and whose public life, to those who can look steadily through the dazzling blaze of genius and glory, will appear a prodigy of turpitude, believed implicitly in the religion which he had learned as a boy, and shuddered at the thought of formally abjuring it. A terrible alternative was before him. The earthly evil which he most dreaded was poverty. The one crime from which his heart recoiled was apostasy. And, if the designs of the court succeeded, he could not doubt that between poverty and apostasy he must soon make his choice. He therefore determined to cross those designs; and it soon appeared that there was no guilt and no disgrace which he was not ready to incur, in order to escape from the necessity of parting either with his places or with his religion. [270]

It was not only as a military commander, high in rank, and distinguished by skill and courage, that Churchill was able to render services to the opposition. It was, if not absolutely essential, yet most important, to the success of William's plans that his sister in law, who, in the order of succession to the English throne, stood between his wife and himself, should act in cordial union with him. All his difficulties would have been greatly augmented if Anne had declared herself favourable to the Indulgence. Which side she might take depended on the will of others. For her understanding was sluggish; and, though there was latent in her character a hereditary wilfulness and stubbornness which, many years later, great power and great provocations developed, she was as yet a willing slave to a nature far more vivacious and imperious than her own. The person by whom she was absolutely governed was the wife of Churchill, a woman who afterwards exercised a great influence on the fate of England and of Europe.

The name of this celebrated favourite was Sarah Jennings. Her elder sister, Frances, had been distinguished by beauty and levity even among the crowd of beautiful faces and light characters which adorned and disgraced Whitehall during the wild carnival of the Restoration. On one occasion Frances dressed herself like an orange girl and cried fruit about the streets. [271] Sober people predicted that a girl of so little discretion and delicacy would not easily find a husband. She was however twice married, and was now the wife of Tyrconnel. Baron, less regularly beautiful, was perhaps more attractive. Her face was expressive: her form wanted no feminine charm; and the profusion of her fine hair, not yet disguised by powder according to that barbarous fashion which she lived to see introduced, was the delight of numerous admirers. Among the gallants who sued for her favour, Colonel Churchill, young, handsome, graceful, insinuating, eloquent and brave, obtained the preference. He must have been enamoured indeed. For he had little property except the annuity which he had bought with the infamous wages bestowed on him by the Duchess of Cleveland: he was insatiable of riches: Sarah was poor; and a plain girl with a large fortune was proposed to him. His love, after a struggle, prevailed over his avarice: marriage only strengthened his passion; and, to the last hour of his life, Sarah enjoyed the pleasure and distinction of being the one human being who was able to mislead that farsighted and surefooted judgment, who was fervently loved by that cold heart, and who was servilely feared by that intrepid spirit.

In a worldly sense the fidelity of Churchill's love was amply rewarded. His bride, though slenderly portioned, brought with her a dowry which, judiciously employed, made him at length a Duke of England, a Prince of the Empire, the captain general of a great coalition, the arbiter between mighty princes, and, what he valued more, the wealthiest subject in Europe. She had been brought up from childhood with the Princess Anne; and a close friendship had arisen between the girls. In character they resembled each other very little. Anne was slow and taciturn. To those whom she loved she was meek. The form which her anger assumed was sullenness. She had a strong sense of religion, and was attached even with bigotry to the rites and government of the Church of England. Sarah was lively and voluble, domineered over those whom she regarded with most kindness, and, when she was offended, vented her rage in tears and tempestuous reproaches. To sanctity she made no pretence, and, indeed, narrowly escaped the imputation of irreligion. She was not yet what she became when one class of vices had been fully developed in her by prosperity, and another by adversity, when her brain had been turned by success and flattery, when her heart had been ulcerated by disasters and mortifications. She lived to be that most odious and miserable of human beings, an ancient crone at war with her whole kind, at war with her own children and grandchildren, great indeed and rich, but valuing greatness and riches chiefly because they enabled her to brave public opinion and to indulge without restraint her hatred to the living and the dead. In the reign of James she was regarded as nothing worse than a fine highspirited young woman, who could now and then be cross and arbitrary, but whose flaws of temper might well be pardoned in consideration of her charms.

It is a common observation that differences of taste, understanding, and disposition, are no impediments to friendship, and that the closest intimacies often exist between minds each of which supplies what is wanting to the other. Lady Churchill was loved and even worshipped by Anne. The Princess could not live apart from the object of her romantic fondness. She married, and was a faithful and even an affectionate wife. But Prince George, a dull man whose chief pleasures were derived from his dinner and his bottle, acquired over her no influence comparable to that exercised by her female friend, and soon gave himself up with stupid patience to the dominion of that vehement and commanding spirit by which his wife was governed. Children were born to the royal pair: and Anne was by no means without the feelings of a mother. But the tenderness which she felt for her offspring was languid when compared with her devotion to the companion of her early years. At length the Princess became impatient of the restraint which etiquette imposed on her. She could not bear to hear the words Madam and Royal Highness from the lips of one who was more to her than a sister. Such words were indeed necessary in the gallery or the drawingroom; but they were disused in the closet. Anne was Mrs. Morley: Lady Churchill was Mrs. Freeman; and under these childish names was carried on during twenty years a correspondence on which at last the fate of administrations and dynasties depended. But as yet Anne had no political power and little patronage. Her friend attended her as first Lady of the Bedchamber, with a salary of only four hundred pounds a year. There is reason, however, to believe that, even at this time, Churchill was able to gratify his ruling passion by means of his wife's influence. The Princess, though her income was large and her tastes simple, contracted debts which her father, not without some murmurs, discharged; and it was rumoured that her embarrassments had been caused by her prodigal bounty to her favourite. [272]

At length the time had arrived when this singular friendship was to exercise a great influence on public affairs. What part Anne would take in the contest which distracted England was matter of deep anxiety. Filial duty was on one side. The interests of the religion to which she was sincerely attached were on the other. A less inert nature might well have remained long in suspense when drawn in opposite directions by motives so strong and so respectable. But the influence of the Churchills decided the question; and their patroness became an important member of that extensive league of which the Prince of Orange was the head.

In June 1687 Dykvelt returned to the Hague. He presented to the States General a royal epistle filled with eulogies of his conduct during his residence in London. These eulogies however were merely formal. James, in private communications written with his own hand, bitterly complained that the Envoy had lived in close intimacy with the most factious men in the realm, and had encouraged them in all their evil purposes. Dykvelt carried with him also a packet of letters from the most eminent of those with whom he had conferred during his stay in England. The writers generally expressed unbounded reverence and affection for William, and referred him to the bearer for fuller information as to their views. Halifax discussed the state and prospects of the country with his usual subtlety and vivacity, but took care not to pledge himself to any perilous line of conduct. Danby wrote in a bolder and more determined tone, and could not refrain from slily sneering at the fears and scruples of his accomplished rival. But the most remarkable letter was from Churchill. It was written with that natural eloquence which, illiterate as he was, he never wanted on great occasions, and with an air of magnanimity which, perfidious as he was, he could with singular dexterity assume. The Princess Anne, he said, had commanded him to assure her illustrious relatives at the Hague that she was fully resolved by God's help rather to lose her life than to be guilty of apostasy. As for himself, his places and the royal favour were as nothing to him in comparison with his religion. He concluded by declaring in lofty language that, though he could not pretend to have lived the life of a saint, he should be found ready, on occasion, to die the death of a martyr. [273]

Dykvelt's mission had succeeded so well that a pretence was soon found for sending another agent to continue the work which had been so auspiciously commenced. The new Envoy, afterwards the founder of a noble English house which became extinct in our own time, was an illegitimate cousin german of William; and bore a title taken from the lordship of Zulestein. Zulestein's relationship to the House of Orange gave him importance in the public eye. His bearing was that of a gallant soldier. He was indeed in diplomatic talents and knowledge far inferior to Dykvelt: but even this inferiority had its advantages. A military man, who had never appeared to trouble himself about political affairs, could, without exciting any suspicion, hold with the English aristocracy an intercourse which, if he had been a noted master of state craft, would have been jealously watched. Zulestein, after a short absence, returned to his country charged with letters and verbal messages not less important than those which had been entrusted to his predecessor. A regular correspondence was from this time established between the Prince and the opposition. Agents of various ranks passed and repassed between the Thames and the Hague. Among these a Scotchman, of some parts and great activity, named Johnstone, was the most useful. He was cousin of Burnet, and son of an eminent covenanter who had, soon after the Restoration, been put to death for treason, and who was honoured by his party as a martyr.

The estrangement between the King of England and the Prince of Orange became daily more complete. A serious dispute had arisen concerning the six British regiments which were in the pay of the United Provinces. The King wished to put these regiments under the command of Roman Catholic officers. The Prince resolutely opposed this design. The King had recourse to his favourite commonplaces about toleration. The Prince replied that he only followed his Majesty's example. It was notorious that loyal and able men had been turned out of office in England merely for being Protestants. It was then surely competent to the Stadtholder and the States General to withhold high public trusts from Papists. This answer provoked James to such a degree that, in his rage, he lost sight of veracity and common sense. It was false, he vehemently said, that he had ever turned out any body on religious grounds. And if he had, what was that to the Prince or to the States? Were they his masters? Were they to sit in judgment on the conduct of foreign sovereigns? From that time he became desirous to recall his subjects who were in the Dutch service. By bringing them over to England he should, he conceived, at once strengthen himself, and weaken his worst enemies. But there were financial difficulties which it was impossible for him to overlook. The number of troops already in his service was as great as his revenue, though large beyond all precedent and though parsimoniously administered, would support. If the battalions now in Holland were added to the existing establishment, the Treasury would be bankrupt. Perhaps Lewis might be induced to take them into his service. They would in that case be removed from a country where they were exposed to the corrupting influence of a republican government and a Calvinistic worship, and would be placed in a country where none ventured to dispute the mandates of the sovereign or the doctrines of the true Church. The soldiers would soon unlearn every political and religious heresy. Their native prince might always, at short notice, command their help, and would, on any emergency, be able to rely on their fidelity.

A negotiation on this subject was opened between Whitehall and Versailles. Lewis had as many soldiers as he wanted; and, had it been otherwise, he would not have been disposed to take Englishmen into his service; for the pay of England, low as it must seem to our generation, was much higher than the pay of France. At the same time, it was a great object to deprive William of so fine a brigade. After some weeks of correspondence, Barillon was authorised to promise that, if James would recall the British troops from Holland, Lewis would bear the charge of supporting two thousand of them in England. This offer was accepted by James with warm expressions of gratitude. Having made these arrangements, he requested the States General to send back the six regiments. The States General, completely governed by William, answered that such a demand, in such circumstances, was not authorised by the existing treaties, and positively refused to comply. It is remarkable that Amsterdam, which had voted for keeping these troops in Holland when James needed their help against the Western insurgents, now contended vehemently that his request ought to be granted. On both occasions, the sole object of those who ruled that great city was to cross the Prince of Orange. [274]

The Dutch arms, however, were scarcely so formidable to James as the Dutch presses. English books and pamphlets against his government were daily printed at the Hague; nor could any vigilance prevent copies from being smuggled, by tens of thousands, into the counties bordering on the German Ocean. Among these publications, one was distinguished by its importance, and by the immense effect which it produced. The opinion which the Prince and Princess of Orange held respecting the Indulgence was well known to all who were conversant with public affairs. But, as no official announcement of that opinion had appeared, many persons who had not access to good private sources of information were deceived or perplexed by the confidence with which the partisans of the Court asserted that their Highnesses approved of the King's late acts. To contradict those assertions publicly would have been a simple and obvious course, if the sole object of William had been to strengthen his interest in England. But he considered England chiefly as an instrument necessary to the execution of his great European design. Towards that design he hoped to obtain the cooperation of both branches of the House of Austria, of the Italian princes, and even of the Sovereign Pontiff. There was reason to fear that any declaration which was satisfactory to British Protestants would excite alarm and disgust at Madrid, Vienna, Turin, and Rome. For this reason the Prince long abstained from formally expressing his sentiments. At length it was represented to him that his continued silence had excited much uneasiness and distrust among his wellwishers, and that it was time to speak out. He therefore determined to explain himself.

A Scotch Whig, named James Stewart, had fled, some years before, to Holland, in order to avoid the boot and the gallows, and had become intimate with the Grand Pensionary Fagel, who enjoyed a large share of the Stadtholder's confidence and favour. By Stewart had been drawn up the violent and acrimonious manifesto of Argyle. When the Indulgence appeared, Stewart conceived that he had an opportunity of obtaining, not only pardon, but reward. He offered his services to the government of which he had been the enemy: they were accepted; and he addressed to Fagel a letter, purporting to have been written by the direction of James. In that letter the Pensionary was exhorted to use all his influence with the Prince and Princess, for the purpose of inducing them to support their father's policy. After some delay Fagel transmitted a reply, deeply meditated, and drawn up with exquisite art. No person who studies that remarkable document can fail to perceive that, though it is framed in a manner well calculated to reassure and delight English Protestants, it contains not a word which could give offence, even at the Vatican. It was announced that William and Mary would, with pleasure, assist in abolishing every law which made any Englishman liable to punishment for his religious opinions. But between punishments and disabilities a distinction was taken. To admit Roman Catholics to office would, in the judgment of their Highnesses, be neither for the general interest of England nor even for the interest of the Roman Catholics themselves. This manifesto was translated into several languages, and circulated widely on the Continent. Of the English version, carefully prepared by Burnet, near fifty thousand copies were introduced into the eastern shires, and rapidly distributed over the whole kingdom. No state paper was ever more completely successful. The Protestants of our island applauded the manly firmness with which William declared that he could not consent to entrust Papists with any share in the government. The Roman Catholic princes, on the other hand, were pleased by the mild and temperate style in which his resolution was expressed, and by the hope which he held out that, under his administration, no member of their Church would be molested on account of religion.

It is probable that the Pope himself was among those who read this celebrated letter with pleasure. He had some months before dismissed Castelmaine in a manner which showed little regard for the feelings of Castelmaine's master. Innocent thoroughly disliked the whole domestic and foreign policy of the English government. He saw that the unjust and impolitic measures of the Jesuitical cabal were far more likely to make the penal laws perpetual than to bring about an abolition of the test. His quarrel with the court of Versailles was every day becoming more and more serious; nor could he, either in his character of temporal prince or in his character of Sovereign Pontiff, feel cordial friendship for a vassal of that court. Castelmaine was ill qualified to remove these disgusts. He was indeed well acquainted with Rome, and was, for a layman, deeply read in theological controversy. [275] But he had none of the address which his post required; and, even had he been a diplomatist of the greatest ability, there was a circumstance which would have disqualified him for the particular mission on which he had been sent. He was known all over Europe as the husband of the most shameless of women; and he was known in no other way. It was impossible to speak to him or of him without remembering in what manner the very title by which he was called had been acquired. This circumstance would have mattered little if he had been accredited to some dissolute court, such as that in which the Marchioness of Montespan had lately been dominant. But there was an obvious impropriety in sending him on an embassy rather of a spiritual than of a secular nature to a pontiff of primitive austerity. The Protestants all over Europe sneered; and Innocent, already unfavourably disposed to the English government, considered the compliment which had been paid him, at so much risk and at so heavy a cost, as little better than an affront. The salary of the Ambassador was fixed at a hundred pounds a week. Castelmaine complained that this was too little. Thrice the sum, he said, would hardly suffice. For at Rome the ministers of all the great continental powers exerted themselves to surpass one another in splendour, under the eyes of a people whom the habit of seeing magnificent buildings, decorations, and ceremonies had made fastidious. He always declared that he had been a loser by his mission. He was accompanied by several young gentlemen of the best Roman Catholic families in England, Ratcliffes, Arundells and Tichbornes. At Rome he was lodged in the palace of the house of Pamfili on the south of the stately Place of Navona. He was early admitted to a private interview with Innocent: but the public audience was long delayed. Indeed Castelmaine's preparations for that great occasion were so sumptuous that, though commenced at Easter 1686, they were not complete till the following November; and in November the Pope had, or pretended to have, an attack of gout which caused another postponement. In January 1687, at length, the solemn introduction and homage were performed with unusual pomp. The state coaches, which had been built at Rome for the pageant, were so superb that they were thought worthy to be transmitted to posterity in fine engravings and to be celebrated by poets in several languages. [276] The front of the Ambassador's palace was decorated on this great day with absurd allegorical paintings of gigantic size. There was Saint George with his foot on the neck of Titus Cares, and Hercules with his club crushing College, the Protestant joiner, who in vain attempted to defend himself with his flail. After this public appearance Castelmaine invited all the persons of note then assembled at Rome to a banquet in that gay and splendid gallery which is adorned with paintings of subjects from the Aeneid by Peter of Cortona. The whole city crowded to the show; and it was with difficulty that a company of Swiss guards could keep order among the spectators. The nobles of the Pontifical state in return gave costly entertainments to the Ambassador; and poets and wits were employed to lavish on him and on his master insipid and hyperbolical adulation such as flourishes most when genius and taste are in the deepest decay. Foremost among the flatterers was a crowned head. More than thirty years had elapsed since Christina, the daughter of the great Gustavus, had voluntarily descended from the Swedish throne. After long wanderings, in the course of which she had committed many follies and crimes, she had finally taken up her abode at Rome, where she busied herself with astrological calculations and with the intrigues of the conclave, and amused herself with pictures, gems, manuscripts, and medals. She now composed some Italian stanzas in honour of the English prince who, sprung, like herself, from a race of Kings heretofore regarded as the champions of the Reformation, had, like herself, been reconciled to the ancient Church. A splendid assembly met in her palace. Her verses, set to music, were sung with universal applause: and one of her literary dependents pronounced an oration on the same subject in a style so florid that it seems to have offended the taste of the English hearers. The Jesuits, hostile to the Pope, devoted to the interests of France and disposed to pay every honour to James, received the English embassy with the utmost pomp in that princely house where the remains of Ignatius Loyola lie enshrined in lazulite and gold. Sculpture, painting, poetry, and eloquence were employed to compliment the strangers: but all these arts had sunk into deep degeneracy. There was a great display of turgid and impure Latinity unworthy of so erudite an order; and some of the inscriptions which adorned the walls had a fault more serious than even a bad style. It was said in one place that James had sent his brother as his messenger to heaven, and in another that James had furnished the wings with which his brother had soared to a higher region. There was a still more unfortunate distich, which at the time attracted little notice, but which, a few months later, was remembered and malignantly interpreted. "O King," said the poet, "cease to sigh for a son. Though nature may refuse your wish, the stars will find a way to grant it."

In the midst of these festivities Castelmaine had to suffer cruel mortifications and humiliations. The Pope treated him with extreme coldness and reserve. As often as the Ambassador pressed for an answer to the request which he had been instructed to make in favour of Petre, Innocent was taken with a violent fit of coughing, which put an end to the conversation. The fame of these singular audiences spread over Rome. Pasquin was not silent. All the curious and tattling population of the idlest of cities, the Jesuits and the prelates of the French faction only excepted, laughed at Castelmaine's discomfiture. His temper, naturally unamiable, was soon exasperated to violence; and he circulated a memorial reflecting on the Pope. He had now put himself in the wrong. The sagacious Italian had got the advantage, and took care to keep it. He positively declared that the rule which excluded Jesuits from ecclesiastical preferment should not be relaxed in favour of Father Petre. Castelmaine, much provoked, threatened to leave Rome. Innocent replied, with a meek impertinence which was the more provoking because it could scarcely be distinguished from simplicity, that his Excellency might go if he liked. "But if we must lose him," added the venerable Pontiff, "I hope that he will take care of his health on the road. English people do not know how dangerous it is in this country to travel in the heat of the day. The best way is to start before dawn, and to take some rest at noon." With this salutary advice and with a string of beads, the unfortunate Ambassador was dismissed. In a few months appeared, both in the Italian and in the English tongue, a pompous history of the mission, magnificently printed in folio, and illustrated with plates. The frontispiece, to the great scandal of all Protestants, represented Castelmaine in the robes of a Peer, with his coronet in his hand, kissing the toe of Innocent. [277]



CHAPTER VIII

Consecration of the Nuncio at Saint James's Palace; his public Reception—The Duke of Somerset—Dissolution of the Parliament; Military Offences illegally punished—Proceedings of the High Commission; the Universities—Proceedings against the University of Cambridge—The Earl of Mulgrave—State of Oxford—Magdalene College, Oxford—Anthony Farmer recommended by the King for President—Election of the President—The Fellows of Magdalene cited before the High Commission—Parker recommended as President; the Charterhouse—The Royal Progress—The King at Oxford; he reprimands the Fellows of Magdalene—Penn attempts to mediate—Special Ecclesiastical Commissioners sent to Oxford—Protest of Hough—Parker—Ejection of the Fellows—Magdalene College turned into a Popish Seminary—Resentment of the Clergy—Schemes of the Jesuitical Cabal respecting the Succession—Scheme of James and Tyrconnel for preventing the Princess of Orange from succeeding to the Kingdom of Ireland—The Queen pregnant; general Incredulity—Feeling of the Constituent Bodies, and of the Peers—James determines to pack a Parliament—The Board of Regulators—Many Lords Lieutenants dismissed; the Earl of Oxford—The Earl of Shrewsbury—The Earl of Dorset—Questions put to the Magistrates—Their Answers; Failure of the King's Plans—List of Sheriffs—Character of the Roman Catholic Country Gentlemen—Feeling of the Dissenters; Regulation of Corporations—Inquisition in all the Public Departments—Dismission of Sawyer—Williams Solicitor General—Second Declaration of Indulgence; the Clergy ordered to read it—They hesitate; Patriotism of the Protestant Nonconformists of London—Consultation of the London Clergy—Consultation at Lambeth Palace—Petition of the Seven Bishops presented to the King—The London Clergy disobey the Royal Order—Hesitation of the Government—It is determined to prosecute the Bishops for a Libel—They are examined by the Privy Council—They are committed to the Tower—Birth of the Pretender—He is generally believed to be supposititious—The Bishops brought before the King's Bench and bailed—Agitation of the public Mind—Uneasiness of Sunderland—He professes himself a Roman Catholic—Trial of the Bishops—The Verdict; Joy of the People—Peculiar State of Public Feeling at this Time

THE marked discourtesy of the Pope might well have irritated the meekest of princes. But the only effect which it produced on James was to make him more lavish of caresses and compliments. While Castelmaine, his whole soul festered with angry passions, was on his road back to England, the Nuncio was loaded with honours which his own judgment would have led him to reject. He had, by a fiction often used in the Church of Rome, been lately raised to the episcopal dignity without having the charge of any see. He was called Archbishop of Amasia, a city of Pontus, the birthplace of Strabo and Mithridates. James insisted that the ceremony of consecration should be performed in the chapel of Saint James's Palace. The Vicar Apostolic Leyburn and two Irish prelates officiated. The doors were thrown open to the public; and it was remarked that some of those Puritans who had recently turned courtiers were among the spectators. In the evening Adda, wearing the robes of his new office, joined the circle in the Queen's apartments. James fell on his knees in the presence of the whole court and implored a blessing. In spite of the restraint imposed by etiquette, the astonishment and disgust of the bystanders could not be concealed. [278] It was long indeed since an English sovereign had knelt to mortal man; and those who saw the strange sight could not but think of that day of shame when John did homage for his crown between the hands of Pandolph.

In a short time a still more ostentatious pageant was performed in honour of the Holy See. It was determined that the Nuncio should go to court in solemn procession. Some persons on whose obedience the King had counted showed, on this occasion, for the first time, signs of a mutinous spirit. Among these the most conspicuous was the second temporal peer of the realm, Charles Seymour, commonly called the proud Duke of Somerset. He was in truth a man in whom the pride of birth and rank amounted almost to a disease. The fortune which he had inherited was not adequate to the high place which he held among the English aristocracy: but he had become possessed of the greatest estate in England by his marriage with the daughter and heiress of the last Percy who wore the ancient coronet of Northumberland. Somerset was only in his twenty-fifth year, and was very little known to the public, He was a Lord of the King's Bedchamber, and colonel of one of the regiments which had been raised at the time of the Western insurrection. He had not scrupled to carry the sword of state into the royal chapel on days of festival: but he now resolutely refused to swell the pomp of the Nuncio. Some members of his family implored him not to draw on himself the royal displeasure: but their intreaties produced no effect. The King himself expostulated. "I thought, my Lord," said he, "that I was doing you a great honour in appointing you to escort the minister of the first of all crowned heads." "Sir," said the Duke, "I am advised that I cannot obey your Majesty without breaking the law." "I will make you fear me as well as the law," answered the King, insolently. "Do you not know that I am above the law?" "Your Majesty may be above the law," replied Somerset; "but I am not; and, while I obey the law, I fear nothing." The King turned away in high displeasure, and Somerset was instantly dismissed from his posts in the household and in the army. [279]

On one point, however, James showed some prudence. He did not venture to parade the Papal Envoy in state before the vast population of the capital. The ceremony was performed, on the third of July 1687, at Windsor. Great multitudes flocked to the little town. The visitors were so numerous that there was neither food nor lodging for them; and many persons of quality sate the whole day in their carriages waiting for the exhibition. At length, late in the afternoon, the Knight Marshal's men appeared on horseback. Then came a long train of running footmen; and then, in a royal coach, appeared Adda, robed in purple, with a brilliant cross on his breast. He was followed by the equipages of the principal courtiers and ministers of state. In his train the crowd recognised with disgust the arms and liveries of Crewe, Bishop of Durham, and of Cartwright, Bishop of Chester. [280]

On the following day appeared in the Gazette a proclamation dissolving that Parliament which of all the fifteen Parliaments held by the Stuarts had been the most obsequious. [281]

Meanwhile new difficulties had arisen in Westminster Hall. Only a few months had elapsed since some Judges had been turned out and others put in for the purpose of obtaining a decision favourable to the crown in the case of Sir Edward Hales; and already fresh changes were necessary.

The King had scarcely formed that army on which he chiefly depended for the accomplishing of his designs when he found that he could not himself control it. When war was actually raging in the kingdom a mutineer or a deserter might be tried by a military tribunal and executed by the Provost Marshal. But there was now profound peace. The common law of England, having sprung up in an age when all men bore arms occasionally and none constantly, recognised no distinction, in time of peace, between a soldier and any other subject; nor was there any Act resembling that by which the authority necessary for the government of regular troops is now annually confided to the Sovereign. Some old statutes indeed made desertion felony in certain specified cases. But those statutes were applicable only to soldiers serving the King in actual war, and could not without the grossest disingenuousness be so strained as to include the case of a man who, in a time of profound tranquillity at home and abroad, should become tired of the camp at Hounslow and should go back to his native village. The government appears to have had no hold on such a man, except the hold which master bakers and master tailors have on their journeymen. He and his officers were, in the eye of the law, on a level. If he swore at them he might be fined for an oath. If he struck them he might be prosecuted for assault and battery. In truth the regular army was under less restraint than the militia. For the militia was a body established by an Act of Parliament, and it had been provided by that Act that slight punishments might be summarily inflicted for breaches of discipline.

It does not appear that, during the reign of Charles the Second, the practical inconvenience arising from this state of the law had been much felt. The explanation may perhaps be that, till the last year of his reign, the force which he maintained in England consisted chiefly of household troops, whose pay was so high that dismission from the service would have been felt by most of them as a great calamity. The stipend of a private in the Life Guards was a provision for the younger son of a gentleman. Even the Foot Guards were paid about as high as manufacturers in a prosperous season, and were therefore in a situation which the great body of the labouring population might regard with envy. The return of the garrison of Tangier and the raising of the new regiments had made a great change. There were now in England many thousands of soldiers, each of whom received only eightpence a day. The dread of dismission was not sufficient to keep them to their duty: and corporal punishment their officers could not legally inflict. James had therefore one plain choice before him, to let his army dissolve itself, or to induce the judges to pronounce that the law was what every barrister in the Temple knew that it was not.

It was peculiarly important to secure the cooperation of two courts; the court of King's Bench, which was the first criminal tribunal in the realm, and the court of gaol delivery which sate at the Old Bailey, and which had jurisdiction over offences committed in the capital. In both these courts there were great difficulties. Herbert, Chief Justice of the King's Bench, servile as he had hitherto been, would go no further. Resistance still more sturdy was to be expected from Sir John Holt, who, as Recorder of the City of London, occupied the bench at the Old Bailey. Holt was an eminently learned and clear headed lawyer: he was an upright and courageous man; and, though he had never been factious, his political opinions had a tinge of Whiggism. All obstacles, however, disappeared before the royal will. Holt was turned out of the recordership. Herbert and another Judge were removed from the King's Bench; and the vacant places were filled by persons in whom the government could confide. It was indeed necessary to go very low down in the legal profession before men could be found willing to render such services as were now required. The new Chief justice, Sir Robert Wright, was ignorant to a proverb; yet ignorance was not his worst fault. His vices had ruined him. He had resorted to infamous ways of raising money, and had, on one occasion, made a false affidavit in order to obtain possession of five hundred pounds. Poor, dissolute, and shameless, he had become one of the parasites of Jeffreys, who promoted him and insulted him. Such was the man who was now selected by James to be Lord Chief justice of England. One Richard Allibone, who was even more ignorant of the law than Wright, and who, as a Roman Catholic, was incapable of holding office, was appointed a puisne judge of the King's Bench. Sir Bartholomew Shower, equally notorious as a servile Tory and a tedious orator, became Recorder of London. When these changes had been made, several deserters were brought to trial. They were convicted in the face of the letter and of the spirit of the law. Some received sentence of death at the bar of the King's Bench, some at the Old Bailey. They were hanged in sight of the regiments to which they had belonged; and care was taken that the executions should be announced in the London Gazette, which very seldom noticed such events. [282]

It may well be believed, that the law, so grossly insulted by courts which derived from it all their authority, and which were in the habit of looking to it as their guide, would be little respected by a tribunal which had originated in tyrannical caprice. The new High Commission had, during the first months of its existence, merely inhibited clergymen from exercising spiritual functions. The rights of property had remained untouched. But, early in the year 1687, it was determined to strike at freehold interests, and to impress on every Anglican priest and prelate the conviction that, if he refused to lend his aid for the purpose of destroying the Church of which he was a minister, he would in an hour be reduced to beggary.

It would have been prudent to try the first experiment on some obscure individual. But the government was under an infatuation such as, in a more simple age, would have been called judicial. War was therefore at once declared against the two most venerable corporations of the realm, the Universities of Oxford and Cambridge.

The power of those bodies has during many ages been great; but it was at the height during the latter part of the seventeenth century. None of the neighbouring countries could boast of such splendid and opulent seats of learning. The schools of Edinburgh and Glasgow, of Leyden and Utrecht, of Louvain and Leipzig, of Padua and Bologna, seemed mean to scholars who had been educated in the magnificent foundations of Wykeham and Wolsey, of Henry the Sixth and Henry the Eighth. Literature and science were, in the academical system of England, surrounded with pomp, armed with magistracy, and closely allied with all the most august institutions of the state. To be the Chancellor of an University was a distinction eagerly sought by the magnates of the realm. To represent an University in Parliament was a favourite object of the ambition of statesmen. Nobles and even princes were proud to receive from an University the privilege of wearing the doctoral scarlet. The curious were attracted to the Universities by ancient buildings rich with the tracery of the middle ages, by modern buildings which exhibited the highest skill of Jones and Wren, by noble halls and chapels, by museums, by botanical gardens, and by the only great public libraries which the kingdom then contained. The state which Oxford especially displayed on solemn occasions rivalled that of sovereign princes. When her Chancellor, the venerable Duke of Ormond, sate in his embroidered mantle on his throne under the painted ceiling of the Sheldonian theatre, surrounded by hundreds of graduates robed according to their rank, while the noblest youths of England were solemnly presented to him as candidates for academical honours, he made an appearance scarcely less regal than that which his master made in the Banqueting House of Whitehall. At the Universities had been formed the minds of almost all the eminent clergymen, lawyers, physicians, wits, poets, and orators of the land, and of a large proportion of the nobility and of the opulent gentry. It is also to be observed that the connection between the scholar and the school did not terminate with his residence. He often continued to be through life a member of the academical body, and to vote as such at all important elections. He therefore regarded his old haunts by the Cam and the Isis with even more than the affection which educated men ordinarily feel for the place of their education. There was no corner of England in which both Universities had not grateful and zealous sons. Any attack on the honour or interests of either Cambridge or Oxford was certain to excite the resentment of a powerful, active, and intelligent class scattered over every county from Northumberland to Cornwall.

The resident graduates, as a body, were perhaps not superior positively to the resident graduates of our time: but they occupied a far higher position as compared with the rest of the community. For Cambridge and Oxford were then the only two provincial towns in the kingdom in which could be found a large number of men whose understandings had been highly cultivated. Even the capital felt great respect for the authority of the Universities, not only on questions of divinity, of natural philosophy, and of classical antiquity, but also on points on which capitals generally claim the right of deciding in the last resort. From Will's coffee house, and from the pit of the theatre royal in Drury Lane, an appeal lay to the two great national seats of taste and learning. Plays which had been enthusiastically applauded in London were not thought out of danger till they had undergone the more severe judgment of audiences familiar with Sophocles and Terence. [283]

The great moral and intellectual influence of the English Universities had been strenuously exerted on the side of the crown. The head quarters of Charles the First had been at Oxford; and the silver tankards and salvers of all the colleges had been melted down to supply his military chest. Cambridge was not less loyally disposed. She had sent a large part of her plate to the royal camp; and the rest would have followed had not the town been seized by the troops of the Parliament. Both Universities had been treated with extreme severity by the victorious Puritans. Both had hailed the restoration with delight. Both had steadily opposed the Exclusion Bill. Both had expressed the deepest horror at the Rye House Plot. Cambridge had not only deposed her Chancellor Monmouth, but had marked her abhorrence of his treason in a manner unworthy of a scat of learning, by committing to the flames the canvass on which his pleasing face and figure had been portrayed by the utmost skill of Kneller. [284] Oxford, which lay nearer to the Western insurgents, had given still stronger proofs of loyalty. The students, under the sanction of their preceptors, had taken arms by hundreds in defence of hereditary right. Such were the bodies which James now determined to insult and plunder in direct defiance of the laws and of his plighted faith.

Several Acts of Parliament, as clear as any that were to be found in the statute book, had provided that no person should be admitted to any degree in either University without taking the oath of supremacy, and another oath of similar character called the oath of obedience. Nevertheless, in February 1687, a royal letter was sent to Cambridge directing that a Benedictine monk, named Alban Francis, should be admitted a Master of Arts.

The academical functionaries, divided between reverence for the King and reverence for the law, were in great distress. Messengers were despatched in all haste to the Duke of Albemarle, who had succeeded Monmouth as Chancellor of the University. He was requested to represent the matter properly to the King. Meanwhile the Registrar and Bedells waited on Francis, and informed him that, if he would take the oaths according to law, he should be instantly admitted. He refused to be sworn, remonstrated with the officers of the University on their disregard of the royal mandate, and, finding them resolute, took horse, and hastened to relate his grievances at Whitehall.

The heads of the colleges now assembled in council. The best legal opinions were taken, and were decidedly in favour of the course which had been pursued. But a second letter from Sunderland, in high and menacing terms, was already on the road. Albemarle informed the University, with many expressions of concern, that he had done his best, but that he had been coldly and ungraciously received by the King. The academical body, alarmed by the royal displeasure, and conscientiously desirous to meet the royal wishes, but determined not to violate the clear law of the land, submitted the humblest and most respectful explanations, but to no purpose. In a short time came down a summons citing the Vicechancellor and the Senate to appear before the new High Commission at Westminster on the twenty-first of April. The Vicechancellor was to attend in person; the Senate, which consists of all the Doctors and Masters of the University, was to send deputies.

When the appointed day arrived, a great concourse filled the Council chamber. Jeffreys sate at the head of the board. Rochester, since the white staff had been taken from him, was no longer a member. In his stead appeared the Lord Chamberlain, John Sheffield, Earl of Mulgrave. The fate of this nobleman has, in one respect, resembled the fate of his colleague Sprat. Mulgrave wrote verses which scarcely ever rose above absolute mediocrity: but, as he was a man of high note in the political and fashionable world, these verses found admirers. Time dissolved the charm, but, unfortunately for him, not until his lines had acquired a prescriptive right to a place in all collections of the works of English poets. To this day accordingly his insipid essays in rhyme and his paltry songs to Amoretta and Gloriana are reprinted in company with Comus and Alexander's Feast. The consequence is that our generation knows Mulgrave chiefly as a poetaster, and despises him as such. In truth however he was, by the acknowledgment of those who neither loved nor esteemed him, a man distinguished by fine parts, and in parliamentary eloquence inferior to scarcely any orator of his time. His moral character was entitled to no respect. He was a libertine without that openness of heart and hand which sometimes makes libertinism amiable, and a haughty aristocrat without that elevation of sentiment which sometimes makes aristocratical haughtiness respectable. The satirists of the age nicknamed him Lord Allpride. Yet was his pride compatible with all ignoble vices. Many wondered that a man who had so exalted a sense of his dignity could be so hard and niggardly in all pecuniary dealings. He had given deep offence to the royal family by venturing to entertain the hope that he might win the heart and hand of the Princess Anne. Disappointed in this attempt, he had exerted himself to regain by meanness the favour which he had forfeited by presumption. His epitaph, written by himself, still informs all who pass through Westminster Abbey that he lived and died a sceptic in religion; and we learn from the memoirs which he wrote that one of his favourite subjects of mirth was the Romish superstition. Yet he began, as soon as James was on the throne, to express a strong inclination towards Popery, and at length in private affected to be a convert. This abject hypocrisy had been rewarded by a place in the Ecclesiastical Commission. [285]

Before that formidable tribunal now appeared the Vicechancellor of the University of Cambridge, Doctor John Pechell. He was a man of no great ability or vigour, but he was accompanied by eight distinguished academicians, elected by the Senate. One of these was Isaac Newton, Fellow of Trinity College, and Professor of mathematics. His genius was then in the fullest vigour. The great work, which entitles him to the highest place among the geometricians and natural philosophers of all ages and of all nations, had been some time printing under the sanction of the Royal Society, and was almost ready for publication. He was the steady friend of civil liberty and of the Protestant religion: but his habits by no means fitted him for the conflicts of active life. He therefore stood modestly silent among the delegates, and left to men more versed in practical business the task of pleading the cause of his beloved University.

Never was there a clearer case. The law was express. The practice had been almost invariably in conformity with the law. It might perhaps have happened that, on a day of great solemnity, when many honorary degrees were conferred, a person who had not taken the oaths might have passed in the crowd. But such an irregularity, the effect of mere haste and inadvertence, could not be cited as a precedent. Foreign ambassadors of various religions, and in particular one Mussulman, had been admitted without the oaths. But it might well be doubted whether such cases fell within the reason and spirit of the Acts of Parliament. It was not even pretended that any person to whom the oaths had been tendered and who had refused them had ever taken a degree; and this was the situation in which Francis stood. The delegates offered to prove that, in the late reign, several royal mandates had been treated as nullities because the persons recommended had not chosen to qualify according to law, and that, on such occasions, the government had always acquiesced in the propriety of the course taken by the University. But Jeffreys would hear nothing. He soon found out that the Vice chancellor was weak, ignorant, and timid, and therefore gave a loose to all that insolence which had long been the terror of the Old Bailey. The unfortunate Doctor, unaccustomed to such a presence and to such treatment, was soon harassed and scared into helpless agitation. When other academicians who were more capable of defending their cause attempted to speak they were rudely silenced. "You are not Vicechancellor. When you are, you may talk. Till then it will become you to hold your peace." The defendants were thrust out of the court without a hearing. In a short time they were called in, again, and informed that the Commissioners had determined to deprive Pechell of the Vicechancellorship, and to suspend him from all the emoluments to which he was entitled as Master of a college, emoluments which were strictly of the nature of freehold property. "As for you," said Jeffreys to the delegates, "most of you are divines. I will therefore send you home with a text of scripture, 'Go your way and sin no more, lest a worse thing happen to you.'" [286]

These proceedings might seem sufficiently unjust and violent. But the King had already begun to treat Oxford with such rigour that the rigour shown towards Cambridge might, by comparison, be called lenity. Already University College had been turned by Obadiah Walker into a Roman Catholic seminary. Already Christ Church was governed by a Roman Catholic Dean. Mass was already said daily in both those colleges. The tranquil and majestic city, so long the stronghold of monarchical principles, was agitated by passions which it had never before known. The undergraduates, with the connivance of those who were in authority over them, hooted the members of Walker's congregation, and chanted satirical ditties under his windows. Some fragments of the serenades which then disturbed the High Street have been preserved. The burden of one ballad was this:

"Old Obadiah Sings Ave Maria."

When the actors came down to Oxford, the public feeling was expressed still more strongly. Howard's Committee was performed. This play, written soon after the Restoration, exhibited the Puritans in an odious and contemptible light, and had therefore been, during a quarter of a century, a favourite with Oxonian audiences. It was now a greater favourite than ever; for, by a lucky coincidence, one of the most conspicuous characters was an old hypocrite named Obadiah. The audience shouted with delight when, in the last scene, Obadiah was dragged in with a halter round his neck; and the acclamations redoubled when one of the players, departing from the written text of the comedy, proclaimed that Obadiah should be hanged because he had changed his religion. The King was much provoked by this insult. So mutinous indeed was the temper of the University that one of the newly raised regiments, the same which is now called the Second Dragoon Guards, was quartered at Oxford for the purpose of preventing an outbreak. [287]

These events ought to have convinced James that he had entered on a course which must lead him to his ruin. To the clamours of London he had been long accustomed. They had been raised against him, sometimes unjustly, and sometimes vainly. He had repeatedly braved them, and might brave them still. But that Oxford, the scat of loyalty, the head quarters of the Cavalier army, the place where his father and brother had held their court when they thought themselves insecure in their stormy capital, the place where the writings of the great republican teachers had recently been committed to the flames, should now be in a ferment of discontent, that those highspirited youths who a few months before had eagerly volunteered to march against the Western insurgents should now be with difficulty kept down by sword and carbine, these were signs full of evil omen to the House of Stuart. The warning, however, was lost on the dull, stubborn, self-willed tyrant. He was resolved to transfer to his own Church all the wealthiest and most splendid foundations of England. It was to no purpose that the best and wisest of his Roman Catholic counsellors remonstrated. They represented to him that he had it in his power to render a great service to the cause of his religion without violating the rights of property. A grant of two thousand pounds a year from his privy purse would support a Jesuit college at Oxford. Such a sum he might easily spare. Such a college, provided with able, learned, and zealous teachers, would be a formidable rival to the old academical institutions, which exhibited but too many symptoms of the languor almost inseparable from opulence and security. King James's College would soon be, by the confession even of Protestants, the first place of education in the island, as respected both science and moral discipline. This would be the most effectual and the least invidious method by which the Church of England could be humbled and the Church of Rome exalted. The Earl of Ailesbury, one of the most devoted servants of the royal family, declared that, though a Protestant, and by no means rich, he would himself contribute a thousand pounds towards this design, rather than that his master should violate the rights of property, and break faith with the Established Church. [288] The scheme, however, found no favour in the sight of the King. It was indeed ill suited in more ways than one, to his ungentle nature. For to bend and break the spirits of men gave him pleasure; and to part with his money gave him pain. What he had not the generosity to do at his own expense he determined to do at the expense of others. When once he was engaged, pride and obstinacy prevented him from receding; and he was at length led, step by step, to acts of Turkish tyranny, to acts which impressed the nation with a conviction that the estate of a Protestant English freeholder under a Roman Catholic King must be as insecure as that of a Greek under Moslem domination.

Magdalene College at Oxford, founded in the fifteenth century by William of Waynflete, Bishop of Winchester and Lord High Chancellor, was one of the most remarkable of our academical institutions. A graceful tower, on the summit of which a Latin hymn was annually chanted by choristers at the dawn of May day, caught far off the eye of the traveller who came from London. As he approached he found that this tower rose from an embattled pile, low and irregular, yet singularly venerable, which, embowered in verdure, overhung the slugish waters of the Cherwell. He passed through a gateway overhung by a noble orie [289], and found himself in a spacious cloister adorned with emblems of virtues and vices, rudely carved in grey stone by the masons of the fifteenth century. The table of the society was plentifully spread in a stately refectory hung with paintings, and rich with fantastic carving. The service of the Church was performed morning and evening in a chapel which had suffered much violence from the Reformers, and much from the Puritans, but which was, under every disadvantage, a building of eminent beauty, and which has, in our own time, been restored with rare taste and skill. The spacious gardens along the river side were remarkable for the size of the trees, among which towered conspicuous one of the vegetable wonders of the island, a gigantic oak, older by a century, men said, than the oldest college in the University.

The statutes of the society ordained that the Kings of England and Princes of Wales should be lodged in Magdalene. Edward the Fourth had inhabited the building while it was still unfinished. Richard the Third had held his court there, had heard disputations in the hall, had feasted there royally, and had mended the cheer of his hosts by a present of fat bucks from his forests. Two heirs apparent of the crown who had been prematurely snatched away, Arthur the elder brother of Henry the Eighth, and Henry the elder brother of Charles the First, had been members of the college. Another prince of the blood, the last and best of the Roman Catholic Archbishops of Canterbury, the gentle Reginald Pole, had studied there. In the time of the civil war Magdalene had been true to the cause of the crown. There Rupert had fixed his quarters; and, before some of his most daring enterprises, his trumpets had been heard sounding to horse through those quiet cloisters. Most of the Fellows were divines, and could aid the King only by their prayers and their pecuniary contributions. But one member of the body, a Doctor of Civil Law, raised a troop of undergraduates, and fell fighting bravely at their head against the soldiers of Essex. When hostilities had terminated, and the Roundheads were masters of England, six sevenths of the members of the foundation refused to make any submission to usurped authority. They were consequently ejected from their dwellings and deprived of their revenues. After the Restoration the survivors returned to their pleasant abode. They had now been succeeded by a new generation which inherited their opinions and their spirit. During the Western rebellion such Magdalene men as were not disqualified by their age or profession for the use of arms had eagerly volunteered to fight for the crown. It would be difficult to name any corporation in the kingdom which had higher claims to the gratitude of the House of Stuart. [290]

The society consisted of a President, of forty Fellows, of thirty scholars called Demies, and of a train of chaplains, clerks, and choristers. At the time of the general visitation in the reign of Henry the Eighth the revenues were far greater than those of any similar institution in the realm, greater by nearly one half than those of the magnificent foundation of Henry the Sixth at Cambridge, and considerably more than double those which William of Wykeham had settled on his college at Oxford. In the days of James the Second the riches of Magdalene were immense, and were exaggerated by report. The college was popularly said to be wealthier than the wealthiest abbeys of the Continent. When the leases fell in,—so ran the vulgar rumour,—the rents would be raised to the prodigious sum of forty thousand pounds a year. [291]

The Fellows were, by the statutes which their founder had drawn up, empowered to select their own President from among persons who were, or had been, Fellows either of their society or of New College. This power had generally been exercised with freedom. But in some instances royal letters had been received recommending to the choice of the corporation qualified persons who were in favour at court; and on such occasions it had been the practice to show respect to the wishes of the sovereign.

In March 1687, the President of the college died. One of the Fellows, Doctor Thomas Smith, popularly nicknamed Rabbi Smith, a distinguished traveller, book-collector, antiquary, and orientalist, who had been chaplain to the embassy at Constantinople, and had been employed to collate the Alexandrian manuscript, aspired to the vacant post. He conceived that he had some claims on the favour of the government as a man of learning and as a zealous Tory. His loyalty was in truth as fervent and as steadfast as was to be found in the whole Church of England. He had long been intimately acquainted with Parker, Bishop of Oxford, and hoped to obtain by the interest of that prelate a royal letter to the college. Parker promised to do his best, but soon reported that he had found difficulties. "The King," he said, "will recommend no person who is not a friend to His Majesty's religion. What can you do to pleasure him as to that matter?" Smith answered that, if he became President, he would exert himself to promote learning, true Christianity, and loyalty. "That will not do," said the Bishop. "If so," said Smith manfully, "let who will be President: I can promise nothing more."

The election had been fixed for the thirteenth of April, and the Fellows were summoned to attend. It was rumoured that a royal letter would come down recommending one Anthony Farmer to the vacant place. This man's life had been a series of shameful acts. He had been a member of the University of Cambridge, and had escaped expulsion only by a timely retreat. He had then joined the Dissenters. Then he had gone to Oxford, had entered himself at Magdalene, and had soon become notorious there for every kind of vice. He generally reeled into his college at night speechless with liquor. He was celebrated for having headed a disgraceful riot at Abingdon. He had been a constant frequenter of noted haunts of libertines. At length he had turned pandar, had exceeded even the ordinary vileness of his vile calling, and had received money from dissolute young gentlemen commoners for services such as it is not good that history should record. This wretch, however, had pretended to turn Papist. His apostasy atoned for all his vices; and, though still a youth, he was selected to rule a grave and religious society in which the scandal given by his depravity was still fresh.

As a Roman Catholic he was disqualified for academical office by the general law of the land. Never having been a Fellow of Magdalene College or of New College, he was disqualified for the vacant presidency by a special ordinance of William of Waynflete. William of Waynflete had also enjoined those who partook of his bounty to have a particular regard to moral character in choosing their head; and, even if he had left no such injunction, a body chiefly composed of divines could not with decency entrust such a man as Farmer with the government of a place of education.

The Fellows respectfully represented to the King the difficulty in which they should be placed, if, as was rumoured, Farmer should be recommended to them, and begged that, if it were His Majesty's pleasure to interfere in the election, some person for whom they could legally and conscientiously vote might be proposed. Of this dutiful request no notice was taken. The royal letter arrived. It was brought down by one of the Fellows who had lately turned Papist, Robert Charnock, a man of parts and spirit, but of a violent and restless temper, which impelled him a few years later to an atrocious crime and to a terrible fate. On the thirteenth of April the society met in the chapel. Some hope was still entertained that the King might be moved by the remonstrance which had been addressed to him. The assembly therefore adjourned till the fifteenth, which was the last day on which, by the constitution of the college, the election could take place.

The fifteenth of April came. Again the Fellows repaired to their chapel. No answer had arrived from Whitehall. Two or three of the Seniors, among whom was Smith, were inclined to postpone the election once more rather than take a step which might give offence to the King. But the language of the statutes was clear. Those statutes the members of the foundation had sworn to observe. The general opinion was that there ought to be no further delay. A hot debate followed. The electors were too much excited to take their seats; and the whole choir was in a tumult. Those who were for proceeding appealed to their oaths and to the rules laid down by the founder whose bread they had eaten. The King, they truly said, had no right to force on them even a qualified candidate. Some expressions unpleasing to Tory ears were dropped in the course of the dispute; and Smith was provoked into exclaiming that the spirit of Ferguson had possessed his brethren. It was at length resolved by a great majority that it was necessary to proceed immediately to the election. Charnock left the chapel. The other Fellows, having first received the sacrament, proceeded to give their voices. The choice fell on John Hough, a man of eminent virtue and prudence, who, having borne persecution with fortitude and prosperity with meekness, having risen to high honours and having modestly declined honours higher still, died in extreme old age yet in full vigour of mind, more than fifty-six years after this eventful day.

The society hastened to acquaint the King with the circumstances which had made it necessary to elect a President without further delay, and requested the Duke of Ormond, as patron of the whole University, and the Bishop of Winchester, as visitor of Magdalene College, to undertake the office of intercessors: but the King was far too angry and too dull to listen to explanations.

Early in June the Fellows were cited to appear before the High Commission at Whitehall. Five of them, deputed by the rest, obeyed the summons. Jeffreys treated them after his usual fashion. When one of them, a grave Doctor named Fairfax, hinted some doubt as to the validity of the Commission, the Chancellor began to roar like a wild beast. "Who is this man? What commission has he to be impudent here? Seize him. Put him into a dark room. What does he do without a keeper? He is under my care as a lunatic. I wonder that nobody has applied to me for the custody of him." But when this storm had spent its force, and the depositions concerning the moral character of the King's nominee had been read, none of the Commissioners had the front to pronounce that such a man could properly be made the head of a great college. Obadiah Walker and the other Oxonian Papists who were in attendance to support their proselyte were utterly confounded. The Commission pronounced Hough's election void, and suspended Fairfax from his fellowship: but about Farmer no more was said; and, in the month of August, arrived a royal letter recommending Parker, Bishop of Oxford, to the Fellows.

Parker was not an avowed Papist. Still there was an objection to him which, even if the presidency had been vacant, would have been decisive: for he had never been a Fellow of either New College or Magdalene. But the presidency was not vacant: Hough had been duly elected; and all the members of the college were bound by oath to support him in his office. They therefore, with many expressions of loyalty and concern, excused themselves from complying with the King's mandate.

While Oxford was thus opposing a firm resistance to tyranny, a stand not less resolute was made in another quarter. James had, some time before, commanded the trustees of the Charterhouse, men of the first rank and consideration in the kingdom, to admit a Roman Catholic named Popham into the hospital which was under their care. The Master of the house, Thomas Burnet, a clergyman of distinguished genius, learning, and virtue, had the courage to represent to them, though the ferocious Jeffreys sate at the board, that what was required of them was contrary both to the will of the founder and to an Act of Parliament. "What is that to the purpose?" said a courtier who was one of the governors. "It is very much to the purpose, I think," answered a voice, feeble with age and sorrow, yet not to be heard without respect by any assembly, the voice of the venerable Ormond. "An Act of Parliament," continued the patriarch of the Cavalier party, "is, in my judgment, no light thing." The question was put whether Popham should be admitted, and it was determined to reject him. The Chancellor, who could not well case himself by cursing and swearing at Ormond, flung away in a rage, and was followed by some of the minority. The consequence was that there was not a quorum left, and that no formal reply could be made to the royal mandate.

The next meeting took place only two days after the High Commission had pronounced sentence of deprivation against Hough, and of suspension against Fairfax. A second mandate under the Great Seal was laid before the trustees: but the tyrannical manner in which Magdalene College had been treated had roused instead of subduing their spirit. They drew up a letter to Sunderland in which they requested him to inform the King that they could not, in this matter, obey His Majesty without breaking the law and betraying their trust.

There can be little doubt that, had ordinary signatures been appended to this document, the King would have taken some violent course. But even he was daunted by the great names of Ormond, Halifax, Danby, and Nottingham, the chiefs of all the sections of that great party to which he owed his crown. He therefore contented himself with directing Jeffreys to consider what course ought to be taken. It was announced at one time that a proceeding would be instituted in the King's Bench, at another that the Ecclesiastical Commission would take up the case: but these threats gradually died away. [292]

The summer was now far advanced; and the King set out on a progress, the longest and the most splendid that had been known for many years. From Windsor he went on the sixteenth of August to Portsmouth, walked round the fortifications, touched some scrofulous people, and then proceeded in one of his yachts to Southampton. From Southampton he travelled to Bath, where he remained a few days, and where he left the Queen. When he departed, he was attended by the High Sheriff of Somersetshire and by a large body of gentlemen to the frontier of the county, where the High Sheriff of Gloucestershire, with a not less splendid retinue, was in attendance. The Duke of Beaufort soon met the royal coaches, and conducted them to Badminton, where a banquet worthy of the fame which his splendid housekeeping had won for him was prepared. In the afternoon the cavalcade proceeded to Gloucester. It was greeted two miles from the city by the Bishop and clergy. At the South Gate the Mayor waited with the keys. The bells rang and the conduits flowed with wine as the King passed through the streets to the close which encircles the venerable Cathedral. He lay that night at the deanery, and on the following morning set out for Worcester. From Worcester he went to Ludlow, Shrewsbury, and Chester, and was everywhere received with outward signs of joy and respect, which he was weak enough to consider as proofs that the discontent excited by his measures had subsided, and that an easy Victory was before him. Barillon, more sagacious, informed Lewis that the King of England was under a delusion that the progress had done no real good, and that those very gentlemen of Worcestershire and Shropshire who had thought it their duty to receive their Sovereign and their guest with every mark of honour would be found as refractory as ever when the question of the test should come on. [293]

On the road the royal train was joined by two courtiers who in temper and opinions differed widely from each other. Penn was at Chester on a pastoral tour. His popularity and authority among his brethren had greatly declined since he had become a tool of the King and of the Jesuits. [294] He was, however, most graciously received by James, and, on the Sunday, was permitted to harangue in the tennis court, while Cartwright preached in the Cathedral, and while the King heard mass at an altar which had been decked in the Shire Hall. It is said, indeed, that His Majesty deigned to look into the tennis court and to listen with decency to his friend's melodious eloquence. [295]

The furious Tyrconnel had crossed the sea from Dublin to give an account of his administration. All the most respectable English Catholics looked coldly on him as on an enemy of their race and a scandal to their religion. But he was cordially welcomed by his master, and dismissed with assurances of undiminished confidence and steady support. James expressed his delight at learning that in a short time the whole government of Ireland would be in Roman Catholic hands. The English colonists had already been stripped of all political power. Nothing remained but to strip them of their property; and this last outrage was deferred only till the cooperation of an Irish Parliament should have been secured. [296]

From Cheshire the King turned southward, and, in the full belief that the Fellows of Magdalene College, however mutinous they might be, would not dare to disobey a command uttered by his own lips, directed his course towards Oxford. By the way he made some little excursions to places which peculiarly interested him, as a King, a brother, and a son. He visited the hospitable roof of Boscobel and the remains of the oak so conspicuous in the history of his house. He rode over the field of Edgehill, where the Cavaliers first crossed swords with the soldiers of the Parliament. On the third of September he dined in great state at the palace of Woodstock, an ancient and renowned mansion, of which not a stone is now to be seen, but of which the site is still marked on the turf of Blenheim Park by two sycamores which grow near the stately bridge. In the evening he reached Oxford. He was received there with the wonted honours. The students in their academical garb were ranged to welcome him on the right hand and on the left, from the entrance of the city to the great gate of Christ Church. He lodged at the deanery, where, among other accommodations, he found a chapel fitted up for the celebration of the Mass. [297] On the day after his arrival, the Fellows of Magdalene College were ordered to attend him. When they appeared before him he treated them with an insolence such as had never been shown to their predecessors by the Puritan visitors. "You have not dealt with me like gentlemen," he exclaimed. "You have been unmannerly as well as undutiful." They fell on their knees and tendered a petition. He would not look at it. "Is this your Church of England loyalty? I could not have believed that so many clergymen of the Church of England would have been concerned in such a business. Go home. Get you gone. I am King. I will be obeyed. Go to your chapel this instant; and admit the Bishop of Oxford. Let those who refuse look to it. They shall feel the whole weight of my hand. They shall know what it is to incur the displeasure of their Sovereign." The Fellows, still kneeling before him, again offered him their petition. He angrily flung it down. "Get you gone, I tell you. I will receive nothing from you till you have admitted the Bishop."

They retired and instantly assembled in their chapel. The question was propounded whether they would comply with His Majesty's command. Smith was absent. Charnock alone answered in the affirmative. The other Fellows who were at the meeting declared that in all things lawful they were ready to obey the King, but that they would not violate their statutes and their oaths.

The King, greatly incensed and mortified by his defeat, quitted Oxford and rejoined the Queen at Bath. His obstinacy and violence had brought him into an embarrassing position. He had trusted too much to the effect of his frowns and angry tones, and had rashly staked, not merely the credit of his administration, but his personal dignity, on the issue of the contest. Could he yield to subjects whom he had menaced with raised voice and furious gestures? Yet could he venture to eject in one day a crowd of respectable clergymen from their homes, because they had discharged what the whole nation regarded as a sacred duty? Perhaps there might be an escape from this dilemma. Perhaps the college might still be terrified, caressed, or bribed into submission. The agency of Penn was employed. He had too much good feeling to approve of the violent and unjust proceedings of the government, and even ventured to express part of what he thought. James was, as usual, obstinate in the wrong. The courtly Quaker, therefore, did his best to seduce the college from the path of right. He first tried intimidation. Ruin, he said, impended over the society. The King was highly incensed. The case might be a hard one. Most people thought it so. But every child knew that His Majesty loved to have his own way and could not bear to be thwarted. Penn, therefore, exhorted the Fellows not to rely on the goodness of their cause, but to submit, or at least to temporise. Such counsel came strangely from one who had himself been expelled from the University for raising a riot about the surplice, who had run the risk of being disinherited rather than take off his hat to the princes of the blood, and who had been more than once sent to prison for haranguing in conventicles. He did not succeed in frightening the Magdalene men. In answer to his alarming hints he was reminded that in the last generation thirty-four out of the forty Fellows had cheerfully left their beloved cloisters and gardens, their hall and their chapel, and had gone forth not knowing where they should find a meal or a bed, rather than violate the oath of allegiance. The King now wished them to violate another oath. He should find that the old spirit was not extinct.

Then Penn tried a gentler tone. He had an interview with Hough and with some of the Fellows, and, after many professions of sympathy and friendship, began to hint at a compromise. The King could not bear to be crossed. The college must give way. Parker must be admitted. But he was in very bad health. All his preferments would soon be vacant. "Doctor Hough," said Penn, "may then be Bishop of Oxford. How should you like that, gentlemen?" Penn had passed his life in declaiming against a hireling ministry. He held that he was bound to refuse the payment of tithes, and this even when he had bought land chargeable with tithes, and hallowed the value of the tithes in the purchase money. According to his own principles, he would have committed a great sin if he had interfered for the purpose of obtaining a benefice on the most honourable terms for the most pious divine. Yet to such a degree had his manners been corrupted by evil communications, and his understanding obscured by inordinate zeal for a single object, that he did not scruple to become a broker in simony of a peculiarly discreditable kind, and to use a bishopric as a bait to tempt a divine to perjury. Hough replied with civil contempt that he wanted nothing from the crown but common justice. "We stand," he said, "on our statutes and our oaths: but, even setting aside our statutes and oaths, we feel that we have our religion to defend. The Papists have robbed us of University College. They have robbed us of Christ Church. The fight is now for Magdalene. They will soon have all the rest."

Penn was foolish enough to answer that he really believed that the Papists would now be content. "University," he said, "is a pleasant college. Christ Church is a noble place. Magdalene is a fine building. The situation is convenient. The walks by the river are delightful. If the Roman Catholics are reasonable they will be satisfied with these." This absurd avowal would alone have made it impossible for Hough and his brethren to yield. The negotiation was broken off; and the King hastened to make the disobedient know, as he had threatened, what it was to incur his displeasure.

A special commission was directed to Cartwright, Bishop of Chester, to Wright, Chief justice of the King's Bench, and to Sir Thomas Jenner, a Baron of the Exchequer, appointing them to exercise visitatorial jurisdiction over the college. On the twentieth of October they arrived at Oxford, escorted by three troops of cavalry with drawn swords. On the following morning the Commissioners took their seats in the hall of Magdalene. Cartwright pronounced a loyal oration which, a few years before, would have called forth the acclamations of an Oxonian audience, but which was now heard with sullen indignation. A long dispute followed. The President defended his rights with skill, temper, and resolution. He professed great respect for the royal authority. But he steadily maintained that he had by the laws of England a freehold interest in the house and revenues annexed to the presidency. Of that interest he could not be deprived by an arbitrary mandate of the Sovereign. "Will you submit", said the Bishop, "to our visitation?" "I submit to it," said Hough with great dexterity, "so far as it is consistent with the laws, and no farther." "Will you deliver up the key of your lodgings?" said Cartwright. Hough remained silent. The question was repeated; and Hough returned a mild but resolute refusal. The Commissioners pronounced him an intruder, and charged the Fellows no longer to recognise his authority, and to assist at the admission of the Bishop of Oxford. Charneck eagerly promised obedience; Smith returned an evasive answer: but the great body of the members of the college firmly declared that they still regarded Hough as their rightful head.

And now Hough himself craved permission to address a few words to the Commissioners. They consented with much civility, perhaps expecting from the calmness and suavity of his manner that he would make some concession. "My Lords," said he, "you have this day deprived me of my freehold: I hereby protest against all your proceedings as illegal, unjust, and null; and I appeal from you to our sovereign Lord the King in his courts of justice." A loud murmur of applause arose from the gownsmen who filled the hall. The Commissioners were furious. Search was made for the offenders, but in vain. Then the rage of the whole board was turned against Hough. "Do not think to huff us, sir," cried Jenner, punning on the President's name. "I will uphold His Majesty's authority," said Wright, "while I have breath in my body. All this comes of your popular protest. You have broken the peace. You shall answer it in the King's Bench. I bind you over in one thousand pounds to appear there next term. I will see whether the civil power cannot manage you. If that is not enough, you shall have the military too." In truth Oxford was in a state which made the Commissioners not a little uneasy. The soldiers were ordered to have their carbines loaded. It was said that an express was sent to London for the purpose of hastening the arrival of more troops. No disturbance however took place. The Bishop of Oxford was quietly installed by proxy: but only two members of Magdalene College attended the ceremony. Many signs showed that the spirit of resistance had spread to the common people. The porter of the college threw down his keys. The butler refused to scratch Hough's name out of the buttery book, and was instantly dismissed. No blacksmith could be found in the whole city who would force the lock of the President's lodgings. It was necessary for the Commissioners to employ their own servants, who broke open the door with iron bars. The sermons which on the following Sunday were preached in the University church were full of reflections such as stung Cartwright to the quick, though such as he could not discreetly resent.