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

On the evening of the eighth of June the seven prelates, furnished by the ablest lawyers in England with full advice, repaired to the palace, and were called into the Council chamber. Their petition was lying on the table. The Chancellor took the paper up, showed it to the Archbishop, and said, "Is this the paper which your Grace wrote, and which the six Bishops present delivered to his Majesty?" Sancroft looked at the paper, turned to the King, and spoke thus: "Sir, I stand here a culprit. I never was so before. Once I little thought that I ever should be so. Least of all could I think that I should be charged with any offence against my King: but, since I am so unhappy as to be in this situation, your Majesty will not be offended if I avail myself of my lawful right to decline saying anything which may criminate me." "This is mere chicanery," said the King. "I hope that your Grace will not do so ill a thing as to deny your own hand? Sir," said Lloyd, whose studies had been much among the casuists, "all divines agree that a person situated as we are may refuse to answer such a question." The King, as slow of understanding as quick of temper, could not comprehend what the prelates meant. He persisted, and was evidently becoming very angry. "Sir," said the Archbishop, "I am not bound to accuse myself. Nevertheless, if your Majesty positively commands me to answer, I will do so in the confidence that a just and generous prince will not suffer what I say in obedience to his orders to be brought in evidence against me." "You must not capitulate with your Sovereign," said the Chancellor. "No," said the King; "I will not give any such command. If you choose to deny your own hands, I have nothing more to say to you."

The Bishops were repeatedly sent out into the antechamber, and repeatedly called back into the Council room. At length James positively commanded them to answer the question. He did not expressly engage that their confession should not be used against them. But they, not unnaturally, supposed that, after what had passed, such an engagement was implied in his command. Sancroft acknowledged his handwriting; and his brethren followed his example. They were then interrogated about the meaning of some words in the petition, and about the letter which had been circulated with so much effect all over the kingdom: but their language was so guarded that nothing was gained by the examination. The Chancellor then told them that a criminal information would be exhibited against them in the Court of King's Bench, and called upon them to enter into recognisances. They refused. They were peers of the realm, they said. They were advised by the best lawyers in Westminster Hall that no peer could be required to enter into a recognisance in a case of libel; and they should not think themselves justified in relinquishing the privilege of their order. The King was so absurd as to think himself personally affronted because they chose, on a legal question, to be guided by legal advice. "You believe everybody," he said, "rather than me." He was indeed mortified and alarmed. For he had gone so far that, if they persisted, he had no choice left but to send them to prison; and, though he by no means foresaw all the consequences of such a step, he foresaw probably enough to disturb him. They were resolute. A warrant was therefore made out directing the Lieutenant of the Tower to keep them in safe custody, and a barge was manned to convey them down the river. 374

It was known all over London that the Bishops were before the Council. The public anxiety was intense. A great multitude filled the courts of Whitehall and all the neighbouring streets. Many people were in the habit of refreshing themselves at the close of a summer day with the cool air of the Thames. But on this evening the whole river was alive with wherries. When the Seven came forth under a guard, the emotions of the people broke through all restraint. Thousands fell on their knees and prayed aloud for the men who had, with the Christian, courage of Ridley and Latimer, confronted a tyrant inflamed by all the bigotry of Mary. Many dashed into the stream, and, up to their waists in ooze and water, cried to the holy fathers to bless them. All down the river, from Whitehall to London Bridge, the royal barge passed between lines of boats, from which arose a shout of "God bless your Lordships." The King, in great alarm, gave orders that the garrison of the Tower should be doubled, that the Guards should be held ready for action, and that two companies should be detached from every regiment in the kingdom, and sent up instantly to London. But the force on which he relied as the means of coercing the people shared all the feelings of the people. The very sentinels who were under arms at the Traitors' Gate reverently asked for a blessing from the martyrs whom they were to guard. Sir Edward Hales was Lieutenant of the Tower. He was little inclined to treat his prisoners with kindness. For he was an apostate from that Church for which they suffered; and he held several lucrative posts by virtue of that dispensing power against which they had protested. He learned with indignation that his soldiers were drinking the health of the Bishops. He ordered his officers to see that it was done no more. But the officers came back with a report that the thing could not be prevented, and that no other health was drunk in the garrison. Nor was it only by carousing that the troops showed their reverence for the fathers of the Church. There was such a show of devotion throughout the Tower that pious divines thanked God for bringing good out of evil, and for making the persecution of His faithful servants the means of saving many souls. All day the coaches and liveries of the first nobles of England were seen round the prison gates. Thousands of humbler spectators constantly covered Tower Hill. 375 But among the marks of public respect and sympathy which the prelates received there was one which more than all the rest enraged and alarmed the King. He learned that a deputation of ten Nonconformist ministers had visited the Tower. He sent for four of these persons, and himself upbraided them. They courageously answered that they thought it their duty to forget past quarrels, and to stand by the men who stood by the Protestant religion. 376

Scarcely had the gates of the Tower been closed on the prisoners when an event took place which increased the public excitement. It had been announced that the Queen did not expect to be delivered till July. But, on the day after the Bishops had appeared before the Council, it was observed that the King seemed to be anxious about her state. In the evening, however, she sate playing cards at Whitehall till near midnight. Then she was carried in a sedan to Saint James's Palace, where apartments had been very hastily fitted up for her reception. Soon messengers were running about in all directions to summon physicians and priests, Lords of the Council, and Ladies of the Bedchamber. In a few hours many public functionaries and women of rank were assembled in the Queen's room. There, on the morning of Sunday, the tenth of June, a day long kept sacred by the too faithful adherents of a bad cause, was born the most unfortunate of princes, destined to seventy-seven years of exile and wandering, of vain projects, of honours more galling than insults, and of hopes such as make the heart sick.

The calamities of the poor child had begun before his birth. The nation over which, according to the ordinary course of succession, he would have reigned, was fully persuaded that his mother was not really pregnant. By whatever evidence the fact of his birth had been proved, a considerable number of people would probably have persisted in maintaining that the Jesuits had practised some skilful sleight of hand: and the evidence, partly from accident, partly from gross mismanagement, was open to some objections. Many persons of both sexes were in the royal bedchamber when the child first saw the light but none of them enjoyed any large measure of public confidence. Of the Privy Councillors present half were Roman Catholics; and those who called themselves Protestants were generally regarded as traitors to their country and their God. Many of the women in attendance were French, Italian, and Portuguese. Of the English ladies some were Papists, and some were the wives of Papists. Some persons who were peculiarly entitled to be present, and whose testimony would have satisfied all minds accessible to reason, were absent, and for their absence the King was held responsible. The Princess Anne was, of all the inhabitants of the island, the most deeply interested in the event. Her sex and her experience qualified her to act as the guardian of her sister's birthright and her own. She had conceived strong suspicions which were daily confirmed by circumstances trifling or imaginary. She fancied that the Queen carefully shunned her scrutiny, and ascribed to guilt a reserve which was perhaps the effect of delicacy. 377 In this temper Anne had determined to be present and vigilant when the critical day should arrive. But she had not thought it necessary to be at her post a month before that day, and had, in compliance, it was said, with her father's advice, gone to drink the Bath waters. Sancroft, whose great place made it his duty to attend, and on whose probity the nation placed entire reliance, had a few hours before been sent to the Tower by James. The Hydes were the proper protectors of the rights of the two Princesses. The Dutch Ambassador might be regarded as the representative of William, who, as first prince of the blood and consort of the King's eldest daughter, had a deep interest in what was passing. James never thought of summoning any member, male or female, of the family of Hyde; nor was the Dutch Ambassador invited to be present.

Posterity has fully acquitted the King of the fraud which his people imputed to him. But it is impossible to acquit him of folly and perverseness such as explain and excuse the error of his contemporaries. He was perfectly aware of the suspicions which were abroad. 378 He ought to have known that those suspicions would not be dispelled by the evidence of members of the Church of Rome, or of persons who, though they might call themselves members of the Church of England, had shown themselves ready to sacrifice the interests of the Church of England in order to obtain his favour. That he was taken by surprise is true. But he had twelve hours to make his arrangements. He found no difficulty in crowding St. James's Palace with bigots and sycophants on whose word the nation placed no reliance. It would have been quite as easy to procure the attendance of some eminent persons whose attachment to the Princesses and to the established religion was unquestionable.

At a later period, when he had paid dearly for his foolhardy contempt of public opinion, it was the fashion at Saint Germains to excuse him by throwing the blame on others. Some Jacobites charged Anne with having purposely kept out of the way. Nay, they were not ashamed to say that Sancroft had provoked the King to send him to the Tower, in order that the evidence which was to confound the calumnies of the malecontents might be defective. 379 The absurdity of these imputations is palpable. Could Anne or Sancroft possibly have foreseen that the Queen's calculations would turn out to be erroneous by a whole month? Had those calculations been correct, Anne would have been back from Bath, and Sancroft would have been out of the Tower, in ample time for the birth. At all events the maternal uncles of the King's daughters were neither at a distance nor in a prison. The same messenger who summoned the whole bevy of renegades, Dover, Peterborough, Murray, Sunderland, and Mulgrave, could just as easily have summoned Clarendon. If they were Privy Councillors, so was he. His house was in Jermyn Street, not two hundred yards from the chamber of the Queen. Yet he was left to learn at St. James's Church, from the agitation and whispers of the congregation, that his niece had ceased to be heiress presumptive of the crown. 380 Was it a disqualification that he was the near kinsman of the Princesses of Orange and Denmark? Or was it a disqualification that he was unalterably attached to the Church of England?

The cry of the whole nation was that an imposture bad been practised. Papists had, during some months, been predicting, from, the pulpit and through the press, in prose and verse, in English and Latin, that a Prince of Wales would be given to the prayers of the Church; and they had now accomplished their own prophecy. Every witness who could not be corrupted or deceived had been studiously excluded. Anne had been tricked into visiting Bath. The Primate had, on the very day preceding that which had been fixed for the villainy, been sent to prison in defiance of the rules of law and of the privileges of peerage. Not a single man or woman who had the smallest interest in detecting the fraud had been suffered to be present. The Queen had been removed suddenly and at the dead of night to St. James's Palace, because that building, less commodious for honest purposes than Whitehall, had some rooms and passages well suited for the purpose of the Jesuits. There, amidst a circle of zealots who thought nothing a crime that tended to promote the interests of their Church, and of courtiers who thought nothing a crime that tended to enrich and aggrandise themselves, a new born child had been introduced into the royal bed, and then handed round in triumph, as heir of the three kingdoms. Heated by such suspicions, suspicions unjust, it is true, but not altogether unnatural, men thronged more eagerly than ever to pay their homage to the saintly victims of the tyrant who, having long foully injured his people, had now filled up the measure of his iniquities by more foully injuring his children. 381

The Prince of Orange, not himself suspecting any trick, and not aware of the state of public feeling in England, ordered prayers to be said under his own roof for his little brother in law, and sent Zulestein to London with a formal message of congratulation. Zulestein, to his amazement, found all the people whom he met open mouthed about the infamous fraud just committed by the Jesuits, and saw every hour some fresh pasquinade on the pregnancy and the delivery. He soon wrote to the Hague that not one person in ten believed the child to have been born of the Queen. 382

The demeanour of the seven prelates meanwhile strengthened the interest which their situation excited. On the evening of the Black Friday, as it was called, on which they were committed, they reached their prison just at the hour of divine service. They instantly hastened to the chapel. It chanced that in the second lesson were these words: "In all things approving ourselves as the ministers of God, in much patience, in afflictions, in distresses, in stripes, in imprisonments." All zealous Churchmen were delighted by this coincidence, and remembered how much comfort a similar coincidence had given, near forty years before, to Charles the First at the time of his death.

On the evening of the next day, Saturday the ninth, a letter came from Sunderland enjoining the chaplain of the Tower to read the Declaration during divine service on the following morning. As the time fixed by the Order in Council for the reading in London had long expired, this proceeding of the government could be considered only as a personal insult of the meanest and most childish kind to the venerable prisoners. The chaplain refused to comply: he was dismissed from his situation; and the chapel was shut up. 383

The Bishops edified all who approached them by the firmness and cheerfulness with which they endured confinement, by the modesty and meekness with which they received the applauses and blessings of the whole nation, and by the loyal attachment which they professed for the persecutor who sought their destruction. They remained only a week in custody. On Friday the fifteenth of June, the first day of term, they were brought before the King's Bench. An immense throng awaited their coming. From the landingplace to the Court of Requests they passed through a lane of spectators who blessed and applauded them. "Friends," said the prisoners as they passed, "honour the King; and remember us in your prayers." These humble and pious expressions moved the hearers, even to tears. When at length the procession had made its way through the crowd into the presence of the judges, the Attorney General exhibited the information which he had been commanded to prepare, and moved that the defendants might be ordered to plead. The counsel on the other side objected that the Bishops had been unlawfully committed, and were therefore not regularly before the Court. The question whether a peer could be required to enter into recognisances on a charge of libel was argued at great length, and decided by a majority of judges in favour of the crown. The prisoners then pleaded Not Guilty. That day fortnight, the twenty-ninth of June, was fixed for their trial. In the meantime they were allowed to be at large on their own recognisances. The crown lawyers acted prudently in not requiring sureties. For Halifax had arranged that twenty-one temporal peers of the highest consideration should be ready to put in bail, three for each defendant; and such a manifestation of the feeling of the nobility would have been no slight blow to the government. It was also known that one of the most opulent Dissenters of the City had begged that he might have the honour of giving security for Ken.

The Bishops were now permitted to depart to their own homes. The common people, who did not understand the nature of the legal proceedings which had taken place in the King's Bench, and who saw that their favourites had been brought to Westminster Hall in custody and were suffered to go away in freedom, imagined that the good cause was prospering. Loud acclamations were raised. The steeples of the churches sent forth joyous peals. Sprat was amazed to hear the bells of his own Abbey ringing merrily. He promptly silenced them: but his interference caused much angry muttering. The Bishops found it difficult to escape from the importunate crowd of their wellwishers. Lloyd was detained in Palace Yard by admirers who struggled to touch his hands and to kiss the skirt of his robe, till Clarendon, with some difficulty, rescued him and conveyed him home by a bye path. Cartwright, it is said, was so unwise as to mingle with the crowd. Some person who saw his episcopal habit asked and received his blessing. A bystander cried out, "Do you know who blessed you?" "Surely," said he who had just been honoured by the benediction, "it was one of the Seven." "No," said the other "it is the Popish Bishop of Chester." "Popish dog," cried the enraged Protestant; "take your blessing back again."

Such was the concourse, and such the agitation, that the Dutch Ambassador was surprised to see the day close without an insurrection. The King had been by no means at ease. In order that he might be ready to suppress any disturbance, he had passed the morning in reviewing several battalions of infantry in Hyde Park. It is, however, by no means certain that his troops would have stood by him if he had needed their services. When Sancroft reached Lambeth, in the afternoon, he found the grenadier guards, who were quartered in that suburb, assembled before the gate of his palace. They formed in two lines on his right and left, and asked his benediction as he went through them. He with difficulty prevented them from lighting a bonfire in honour of his return to his dwelling. There were, however, many bonfires that evening in the City. Two Roman Catholics who were so indiscreet as to beat some boys for joining in these rejoicings were seized by the mob, stripped naked, and ignominiously branded. 384

Sir Edward Hales now came to demand fees from those who had lately been his prisoners. They refused to pay anything for the detention which they regarded as illegal to an officer whose commission was, on their principles, a nullity. The Lieutenant hinted very intelligibly that, if they came into his hands again, they should be put into heavy irons and should lie on bare stones. "We are under our King's displeasure," was the answer; "and most deeply do we feel it: but a fellow subject who threatens us does but lose his breath." It is easy to imagine with what indignation the people, excited as they were, must have learned that a renegade from the Protestant faith, who held a command in defiance of the fundamental laws of England, had dared to menace divines of venerable age and dignity with all the barbarities of Lollard's Tower. 385

Before the day of trial the agitation had spread to the farthest corners of the island. From Scotland the Bishops received letters assuring them of the sympathy of the Presbyterians of that country, so long and so bitterly hostile to prelacy. 386 The people of Cornwall, a fierce, bold, and athletic race, among whom there was a stronger provincial feeling than in any other part of the realm, were greatly moved by the danger of Trelawney, whom they reverenced less as a ruler of the Church than as the head of an honourable house, and the heir through twenty descents of ancestors who had been of great note before the Normans had set foot on English ground. All over the county the peasants chanted a ballad of which the burden is still remembered:

"And shall Trelawney die, and shall Trelawney die? Then thirty thousand Cornish boys will know the reason why."

The miners from their caverns reechoed the song with a variation:

"Then twenty thousand under ground will know the reason why." 387

The rustics in many parts of the country loudly expressed a strange hope which had never ceased to live in their hearts. Their Protestant Duke, their beloved Monmouth, would suddenly appear, would lead them to victory, and would tread down the King and the Jesuits under his feet. 388 The ministers were appalled. Even Jeffreys would gladly have retraced his steps. He charged Clarendon with friendly messages to the Bishops, and threw on others the blame of the prosecution which he had himself recommended. Sunderland again ventured to recommend concession. The late auspicious birth, he said, had furnished the King with an excellent opportunity of withdrawing from a position full of danger and inconvenience without incurring the reproach of timidity or of caprice. On such happy occasions it had been usual for sovereigns to make the hearts of subjects glad by acts of clemency; and nothing could be more advantageous to the Prince of Wales than that he should, while still in his cradle, be the peacemaker between his father and the agitated nation. But the King's resolution was fixed. "I will go on," he said. "I have been only too indulgent. Indulgence ruined my father." 389 The artful minister found that his advice had been formerly taken only because it had been shaped to suit the royal temper, and that, from the moment at which he began to counsel well, he began to counsel in vain. He had shown some signs of slackness in the proceeding against Magdalene College. He had recently attempted to convince the King that Tyrconnel's scheme of confiscating the property of the English colonists in Ireland was full of danger, and had, with the help of Powis and Bellasyse, so far succeeded that the execution of the design had been postponed for another year. But this timidity and scrupulosity had excited disgust and suspicion in the royal mind. 390 The day of retribution had arrived. Sunderland was in the same situation in which his rival Rochester had been some months before. Each of the two statesmen in turn experienced the misery of clutching, with an agonizing grasp, power which was perceptibly slipping away. Each in turn saw his suggestions scornfully rejected. Both endured the pain of reading displeasure and distrust in the countenance and demeanour of their master; yet both were by their country held responsible for those crimes and errors from which they had vainly endeavoured to dissuade him. While he suspected them of trying to win popularity at the expense of his authority and dignity, the public voice loudly accused them of trying to win his favour at the expense of their own honour and of the general weal. Yet, in spite of mortifications and humiliations, they both clung to office with the gripe of drowning men. Both attempted to propitiate the King by affecting a willingness to be reconciled to his Church. But there was a point at which Rochester was determined to stop. He went to the verge of apostasy: but there he recoiled: and the world, in consideration of the firmness with which he refused to take the final step, granted him a liberal amnesty for all former compliances. Sunderland, less scrupulous and less sensible of shame, resolved to atone for his late moderation, and to recover the royal confidence, by an act which, to a mind impressed with the importance of religious truth, must have appeared to be one of the most flagitious of crimes, and which even men of the world regard as the last excess of baseness. About a week before the day fixed for the great trial, it was publicly announced that he was a Papist. The King talked with delight of this triumph of divine grace. Courtiers and envoys kept their countenances as well as they could while the renegade protested that he had been long convinced of the impossibility of finding salvation out of the communion of Rome, and that his conscience would not let him rest till he had renounced the heresies in which he had been brought up. The news spread fast. At all the coffeehouses it was told how the prime minister of England, his feet bare, and a taper in his hand, had repaired to the royal chapel and knocked humbly for admittance; how a priestly voice from within had demanded who was there, how Sunderland had made answer that a poor sinner who had long wandered from the true Church implored her to receive and to absolve him; how the doors were opened; and how the neophyte partook of the holy mysteries. 391