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

Nevertheless James determined to persevere. The sanction of a Parliament was necessary to his system. The sanction of a free and lawful Parliament it was evidently impossible to obtain: but it might not be altogether impossible to bring together by corruption, by intimidation, by violent exertions of prerogative, by fraudulent distortions of law, an assembly which might call itself a Parliament, and might be willing to register any edict of the Sovereign. Returning officers must be appointed who would avail themselves of the slightest pretence to declare the King's friends duly elected. Every placeman, from the highest to the lowest, must be made to understand that, if he wished to retain his office, he must, at this conjuncture, support the throne by his vote and interest. The High Commission meanwhile would keep its eye on the clergy. The boroughs, which had just been remodelled to serve one turn, might be remodelled again to serve another. By such means the King hoped to obtain a majority in the House of Commons. The Upper House would then be at his mercy. He had undoubtedly by law the power of creating peers without limit: and this power he was fully determined to use. He did not wish, and indeed no sovereign can wish, to make the highest honour which is in the gift of the crown worthless. He cherished the hope that, by calling up some heirs apparent to the assembly in which they must ultimately sit, and by conferring English titles on some Scotch and Irish Lords, he might be able to secure a majority without ennobling new men in such numbers as to bring ridicule on the coronet and the ermine. But there was no extremity to which he was not prepared to go in case of necessity. When in a large company an opinion was expressed that the peers would prove intractable, "Oh, silly," cried Sunderland, turning to Churchill, "your troop of guards shall be called up to the House of Lords." 310

Having determined to pack a Parliament, James set himself energetically and methodically to the work. A proclamation appeared in the Gazette, announcing that the King had determined to revise the Commissions of Peace and of Lieutenancy, and to retain in public employment only such gentlemen as should be disposed to support his policy. 311 A committee of seven Privy Councillors sate at Whitehall, for the purpose of regulating—such was the phrase—the municipal corporations. In this committee Jeffreys alone represented the Protestant interest. Powis alone represented the moderate Roman Catholics. All the other members belonged to the Jesuitical faction. Among them was Petre, who had just been sworn of the Council. Till he took his seat at the board, his elevation had been kept a profound secret from everybody but Sunderland. The public indignation at this new violation of the law was clamorously expressed; and it was remarked that the Roman Catholics were even louder in censure than the Protestants. The vain and ambitious Jesuit was now charged with the business of destroying and reconstructing half the constituent bodies in the kingdom. Under the committee of Privy Councillors a subcommittee consisting of bustling agents less eminent in rank was entrusted with the management of details. Local subcommittees of regulators all over the country corresponded with the central board at Westminster. 312

The persons on whom James chiefly relied for assistance in his new and arduous enterprise were the Lords Lieutenants. Every Lord Lieutenant received written orders directing him to go down immediately into his county. There he was to summon before him all his deputies, and all the justices of the Peace, and to put to them a series of interrogatories framed for the purpose of ascertaining how they would act at a general election. He was to take down the answers in writing, and to transmit them to the government. He was to furnish a list of such Roman Catholics, and such Protestant Dissenters, as might be best qualified for the bench and for commands in the militia. He was also to examine into the state of all the boroughs in his county, and to make such reports as might be necessary to guide the operations of the board of regulators. It was intimated to him that he must himself perform these duties, and that he could not be permitted to delegate them to any other person. 313

The first effect produced by these orders would have at once sobered a prince less infatuated than James. Half the Lords Lieutenants of England peremptorily refused to stoop to the odious service which was required of them. They were immediately dismissed. All those who incurred this glorious disgrace were peers of high consideration; and all had hitherto been regarded as firm supporters of monarchy. Some names in the list deserve especial notice.

The noblest subject in England, and indeed, as Englishmen loved to say, the noblest subject in Europe, was Aubrey de Vere, twentieth and last of the old Earls of Oxford. He derived his title through an uninterrupted male descent from a time when the families of Howard and Seymour were still obscure, when the Nevilles and Percies enjoyed only a provincial celebrity, and when even the great name of Plantagenet had not yet been heard in England. One chief of the house of De Vere had held high command at Hastings: another had marched, with Godfrey and Tancred, over heaps of slaughtered Moslem, to the sepulchre of Christ. The first Earl of Oxford had been minister of Henry Beauclerc. The third Earl had been conspicuous among the Lords who extorted the Great Charter from John. The seventh Earl had fought bravely at Cressy and Pointiers. The thirteenth Earl had, through many vicissitudes of fortune, been the chief of the party of the Red Rose, and had led the van on the decisive day of Bosworth. The seventeenth Earl had shone at the court of Elizabeth, and had won for himself an honourable place among the early masters of English poetry. The nineteenth Earl had fallen in arms for the Protestant religion and for the liberties of Europe under the walls of Maastricht. His son Aubrey, in whom closed the longest and most illustrious line of nobles that England has seen, a man of loose morals, but of inoffensive temper and of courtly manners, was Lord Lieutenant of Essex, and Colonel of the Blues. His nature was not factious; and his interest inclined him to avoid a rupture with the court; for his estate was encumbered, and his military command lucrative. He was summoned to the royal closet; and an explicit declaration of his intentions was demanded from him. "Sir," answered Oxford, "I will stand by your Majesty against all enemies to the last drop of my blood. But this is matter of conscience, and I cannot comply." He was instantly deprived of his lieutenancy and of his regiment. 314

Inferior in antiquity and splendour to the house of De Vere, but to the house of De Vere alone, was the house of Talbot. Ever since the reign of Edward the Third, the Talbots had sate among the peers of the realm. The earldom of Shrewsbury had been bestowed, in the fifteenth century, on John Talbot, the antagonist of the Maid of Orleans. He had been long remembered by his countrymen with tenderness and reverence as one of the most illustrious of those warriors who had striven to erect a great English empire on the Continent of Europe. The stubborn courage which he had shown in the midst of disasters had made him an object of interest greater than more fortunate captains had inspired, and his death had furnished a singularly touching scene to our early stage. His posterity had, during two centuries, flourished in great honour. The head of the family at the time of the Restoration was Francis, the eleventh Earl, a Roman Catholic. His death had been attended by circumstances such as, even in those licentious times which immediately followed the downfall of the Puritan tyranny, had moved men to horror and pity. The Duke of Buckingham in the course of his vagrant amours was for a moment attracted by the Countess of Shrewsbury. She was easily won. Her lord challenged the gallant, and fell. Some said that the abandoned woman witnessed the combat in man's attire, and others that she clasped her victorious lover to her bosom while his shirt was still dripping with the blood of her husband. The honours of the murdered man descended to his infant son Charles. As the orphan grew up to man's estate, it was generally acknowledged that of the young nobility of England none had been so richly gifted by nature. His person was pleasing, his temper singularly sweet, his parts such as, if he had been born in a humble rank, might well have raised him to the height of civil greatness. All these advantages he had so improved that, before he was of age, he was allowed to be one of the finest gentlemen and finest scholars of his time. His learning is proved by notes which are still extant in his handwriting on books in almost every department of literature. He spoke French like a gentleman of Lewis's bedchamber, and Italian like a citizen of Florence. It was impossible that a youth of such parts should not be anxious to understand the grounds on which his family had refused to conform to the religion of the state. He studied the disputed points closely, submitted his doubts to priests of his own faith, laid their answers before Tillotson, weighed the arguments on both sides long and attentively, and, after an investigation which occupied two years, declared himself a Protestant. The Church of England welcomed the illustrious convert with delight. His popularity was great, and became greater when it was known that royal solicitations and promises had been vainly employed to seduce him back to the superstition which he had abjured. The character of the young Earl did not however develop itself in a manner quite satisfactory to those who had borne the chief part in his conversion. His morals by no means escaped the contagion of fashionable libertinism. In truth the shock which had overturned his early prejudices had at the same time unfixed all his opinions, and left him to the unchecked guidance of his feelings. But, though his principles were unsteady, his impulses were so generous, his temper so bland, his manners so gracious and easy, that it was impossible not to love him. He was early called the King of Hearts, and never, through a long, eventful, and chequered life, lost his right to that name. 315 Shrewsbury was Lord Lieutenant of Staffordshire and Colonel of one of the regiments of horse which had been raised in consequence of the Western insurrection. He now refused to act under the board of regulators, and was deprived of both his commissions.

None of the English nobles enjoyed a larger measure of public favour than Charles Sackville Earl of Dorset. He was indeed a remarkable man. In his youth he had been one of the most notorious libertines of the wild time which followed the Restoration. He had been the terror of the City watch, had passed many nights in the round house, and had at least once occupied a cell in Newgate. His passion for Betty Morrice, and for Nell Gwynn, who called him her Charles the First, had given no small amusement and scandal to the town. 316 Yet, in the midst of follies and vices, his courageous spirit, his fine understanding, and his natural goodness of heart, had been conspicuous. Men said that the excesses in which he indulged were common between him and the whole race of gay young Cavaliers, but that his sympathy with human suffering and the generosity with which he made reparation to those whom his freaks had injured were all his own. His associates were astonished by the distinction which the public made between him and them. "He may do what he chooses," said Wilmot; "he is never in the wrong." The judgment of the world became still more favourable to Dorset when he had been sobered by time and marriage. His graceful manners, his brilliant conversation, his soft heart, his open hand, were universally praised. No day passed, it was said, in which some distressed family had not reason to bless his name. And yet, with all his goodnature, such was the keenness of his wit that scoffers whose sarcasm all the town feared stood in craven fear of the sarcasm of Dorset. All political parties esteemed and caressed him; but politics were not much to his taste. Had he been driven by necessity to exert himself, he would probably have risen to the highest posts in the state; but he was born to rank so high and wealth so ample that many of the motives which impel men to engage in public affairs were wanting to him. He took just so much part in parliamentary and diplomatic business as sufficed to show that he wanted nothing but inclination to rival Danby and Sunderland, and turned away to pursuits which pleased him better. Like many other men who, with great natural abilities, are constitutionally and habitually indolent, he became an intellectual voluptuary, and a master of all those pleasing branches of knowledge which can be acquired without severe application. He was allowed to be the best judge of painting, of sculpture, of architecture, of acting, that the court could show. On questions of polite learning his decisions were regarded at all the coffeehouses as without appeal. More than one clever play which had failed on the first representation was supported by his single authority against the whole clamour of the pit, and came forth successful from the second trial. The delicacy of his taste in French composition was extolled by Saint Evremond and La Fontaine. Such a patron of letters England had never seen. His bounty was bestowed with equal judgment and liberality, and was confined to no sect or faction. Men of genius, estranged from each other by literary jealousy or by difference of political opinion, joined in acknowledging his impartial kindness. Dryden owned that he had been saved from ruin by Dorset's princely generosity. Yet Montague and Prior, who had keenly satirised Dryden, were introduced by Dorset into public life; and the best comedy of Dryden's mortal enemy, Shadwell, was written at Dorset's country seat. The munificent Earl might, if such had been his wish, have been the rival of those of whom he was content to be the benefactor. For the verses which he occasionally composed, unstudied as they are, exhibit the traces of a genius which, assiduously cultivated, would have produced something great. In the small volume of his works may be found songs which have the easy vigour of Suckling, and little satires which sparkle with wit as splendid as that of Butler. 317

Dorset was Lord Lieutenant of Sussex: and to Sussex the board of regulators looked with great anxiety: for in no other county, Cornwall and Wiltshire excepted, were there so many small boroughs. He was ordered to repair to his post. No person who knew him expected that he would obey. He gave such an answer as became him, and was informed that his services were no longer needed. The interest which his many noble and amiable qualities inspired was heightened when it was known that he had received by the post an anonymous billet telling him that, if he did not promptly comply with the King's wishes, all his wit and popularity should not save him from assassination. A similar warning was sent to Shrewsbury. Threatening letters were then much more rare than they afterwards became. It is therefore not strange that the people, excited as they were, should have been disposed to believe that the best and noblest Englishmen were really marked out for Popish daggers. 318 Just when these letters were the talk of all London, the mutilated corpse of a noted Puritan was found in the streets. It was soon discovered that the murderer had acted from no religious or political motive. But the first suspicions of the populace fell on the Papists. The mangled remains were carried in procession to the house of the Jesuits in the Savoy; and during a few hours the fear and rage of the populace were scarcely less violent than on the day when Godfrey was borne to his grave. 319

The other dismissions must be more concisely related. The Duke of Somerset, whose regiment had been taken from him some months before, was now turned out of the lord lieutenancy of the East Riding of Yorkshire. The North Riding was taken from Viscount Fauconberg, Shropshire from Viscount Newport, and Lancashire from the Earl of Derby, grandson of that gallant Cavalier who had faced death so bravely, both on the field of battle and on the scaffold, for the House of Stuart. The Earl of Pembroke, who had recently served the crown with fidelity and spirit against Monmouth, was displaced in Wiltshire, the Earl of Husband in Leicestershire, the Earl of Bridgewater in Buckinghamshire, the Earl of Thanet in Cumberland, the Earl of Northampton in Warwickshire, the Earl of Abingdon in Oxfordshire, and the Earl of Scarsdale in Derbyshire. Scarsdale was also deprived of a regiment of cavalry, and of an office in the household of the Princess of Denmark. She made a struggle to retain his services, and yielded only to a peremptory command of her father. The Earl of Gainsborough was rejected, not only from the lieutenancy of Hampshire, but also from the government of Portsmouth and the rangership of the New Forest, two places for which he had, only a few months before, given five thousand pounds. 320

The King could not find Lords of great note, or indeed Protestant Lords of any sort, who would accept the vacant offices. It was necessary to assign two shires to Jeffreys, a new man whose landed property was small, and two to Preston who was not even an English peer. The other counties which had been left without governors were entrusted, with scarcely an exception, to known Roman Catholics, or to courtiers who had secretly promised the King to declare themselves Roman Catholics as soon as they could do so with prudence.

At length the new machinery was put in action; and soon from every corner of the realm arrived the news of complete and hopeless failure. The catechism by which the Lords Lieutenants had been directed to test the sentiments of the country gentlemen consisted of three questions. Every magistrate and Deputy Lieutenant was to be asked, first, whether, if he should be chosen to serve in Parliament, he would vote for a bill framed on the principles of the Declaration of Indulgence; secondly, whether, as an elector, he would support candidates who would engage to vote for such a bill and, thirdly, whether, in his private capacity, he would aid the King's benevolent designs by living in friendship with people of all religious persuasions. 321

As soon as the questions got abroad, a form of answer, drawn up with admirable skill, was circulated all over the kingdom, and was generally adopted. It was to the following effect: "As a member of the House of Commons, should I have the honour of a seat there, I shall think it my duty carefully to weigh such reasons as may be adduced in debate for and against a Bill of Indulgence, and then to vote according to my conscientious conviction. As an elector, I shall give my support to candidates whose notions of the duty of a representative agree with my own. As a private man, it is my wish to live in peace and charity with every body." This answer, far more provoking than a direct refusal, because slightly tinged with a sober and decorous irony which could not well be resented, was all that the emissaries of the court could extract from most of the country gentlemen. Arguments, promises, threats, were tried in vain. The Duke of Norfolk, though a Protestant, and though dissatisfied with the proceedings of the government, had consented to become its agent in two counties. He went first to Surrey, where he soon found that nothing could be done. 322 He then repaired to Norfolk, and returned to inform the King that, of seventy gentlemen of note who bore office in that great province, only six had held out hopes that they should support the policy of the court. 323 The Duke of Beaufort, whose authority extended over four English shires and over the whole principality of Wales, came up to Whitehall with an account not less discouraging. 324 Rochester was Lord Lieutenant of Hertfordshire. All his little stock of virtue had been expended in his struggle against the strong temptation to sell his religion for lucre. He was still bound to the court by a pension of four thousand pounds a year; and in return for this pension he was willing to perform any service, however illegal or degrading, provided only that he were not required to go through the forms of a reconciliation with Rome. He had readily undertaken to manage his county; and he exerted himself, as usual, with indiscreet heat and violence. But his anger was thrown away on the sturdy squires to whom he addressed himself. They told him with one voice that they would send up no man to Parliament who would vote for taking away the safeguards of the Protestant religion. 325 The same answer was given to the Chancellor in Buckinghamshire. 326 The gentry of Shropshire, assembled at Ludlow, unanimously refused to fetter themselves by the pledge which the King demanded of them. 327 The Earl of Yarmouth reported from Wiltshire that, of sixty magistrates and Deputy Lieutenants with whom he had conferred, only seven had given favourable answers, and that even those seven could not be trusted. 328 The renegade Peterborough made no progress in Northamptonshire. 329 His brother renegade Dover was equally unsuccessful in Cambridgeshire. 330 Preston brought cold news from Cumberland and Westmoreland. Dorsetshire and Huntingdonshire were animated by the same spirit. The Earl of Bath, after a long canvass, returned from the West with gloomy tidings. He had been authorised to make the most tempting offers to the inhabitants of that region. In particular he had promised that, if proper respect were shown to the royal wishes, the trade in tin should be freed from the oppressive restrictions under which it lay. But this lure, which at another time would have proved irresistible, was now slighted. All the justices and Deputy Lieutenants of Devonshire and Cornwall, without a single dissenting voice, declared that they would put life and property in jeopardy for the King, but that the Protestant religion was dearer to them than either life or property. "And, sir," said Bath, "if your Majesty should dismiss all these gentlemen, their successors would give exactly the same answer." 331 If there was any district in which the government might have hoped for success, that district was Lancashire. Considerable doubts had been felt as to the result of what was passing there. In no part of the realm had so many opulent and honourable families adhered to the old religion. The heads of many of those families had already, by virtue of the dispensing power, been made justices of the Peace and entrusted with commands in the militia. Yet from Lancashire the new Lord Lieutenant, himself a Roman Catholic, reported that two thirds of his deputies and of the magistrates were opposed to the court. 332 But the proceedings in Hampshire wounded the King's pride still more deeply. Arabella Churchill had, more than twenty years before, borne him a son, widely renowned, at a later period, as one of the most skilful captains of Europe. The youth, named James Fitzjames, had as yet given no promise of the eminence which he afterwards attained: but his manners were so gentle and inoffensive that he had no enemy except Mary of Modena, who had long hated the child of the concubine with the bitter hatred of a childless wife. A small part of the Jesuitical faction had, before the pregnancy of the Queen was announced, seriously thought of setting him up as a competitor of the Princess of Orange. 333 When it is remembered how signally Monmouth, though believed by the populace to be legitimate, and though the champion of the national religion, had failed in a similar competition, it must seem extraordinary that any man should have been so much blinded by fanaticism as to think of placing on the throne one who was universally known to be a Popish bastard. It does not appear that this absurd design was ever countenanced by the King. The boy, however, was acknowledged; and whatever distinctions a subject, not of the royal blood, could hope to attain were bestowed on him. He had been created Duke of Berwick; and he was now loaded with honourable and lucrative employments, taken from those noblemen who had refused to comply with the royal commands. He succeeded the Earl of Oxford as Colonel of the Blues, and the Earl of Gainsborough as Lord Lieutenant of Hampshire, Ranger of the New Forest, and Governor of Portsmouth. On the frontier of Hampshire Berwick expected to have been met, according to custom, by a long cavalcade of baronets, knights and squires: but not a single person of note appeared to welcome him. He sent out letters commanding the attendance of the gentry: but only five or six paid the smallest attention to his summons. The rest did not wait to be dismissed. They declared that they would take no part in the civil or military government of their county while the King was represented there by a Papist, and voluntarily laid down their commissions. 334