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

How obstinately James was determined to bestow on the members of his own Church a share of patronage altogether out of proportion to their numbers and importance is proved by the instructions which, in exile and old age, he drew up for the guidance of his son. It is impossible to read without mingled pity and derision those effusions of a mind on which all the discipline of experience and adversity had been exhausted in vain. The Pretender is advised if ever he should reign in England, to make a partition of offices, and carefully to reserve for the members of the Church of Rome a portion which might have sufficed for them if they had been one half instead of one fiftieth part of the nation. One Secretary of State, one Commissioner of the Treasury, the Secretary at War, the majority of the great dignitaries of the household, the majority of the officers of the army, are always to be Catholics. Such were the designs of James after his perverse bigotry had drawn on him a punishment which had appalled the whole world. Is it then possible to doubt what his conduct would have been if his people, deluded by the empty name of religious liberty, had suffered him to proceed without any check?

Even Penn, intemperate and undiscerning as was his zeal for the Declaration, seems to have felt that the partiality with which honours and emoluments were heaped on Roman Catholics, might not unnaturally excite the jealousy of the nation. He owned that, if the Test Act were repealed, the Protestants were entitled to an equivalent, and went so far as to suggest several equivalents. During some weeks the word equivalent, then lately imported from France, was in the mouths of all the coffee-house orators, but at length a few pages of keen logic and polished sarcasm written by Halifax put an end to these idle projects. One of Penn's schemes was that a law should be passed dividing the patronage of the crown into three equal parts; and that to one only of those parts members of the Church of Rome should be admitted. Even under such an arrangement the members of the Church of Rome would have obtained near twenty times their fair portion of official appointments; and yet there is no reason to believe that even to such an arrangement the King would have consented. But, had he consented, what guarantee could he give that he would adhere to his bargain? The dilemma propounded by Halifax was unanswerable. If laws are binding on you, observe the law which now exists. If laws are not binding on you, it is idle to offer us a law as a security. 262

It is clear, therefore, that the point at issue was not whether secular offices should be thrown open to all sects indifferently. While James was King it was inevitable that there should be exclusion; and the only question was who should be excluded, Papists or Protestants, the few or the many, a hundred thousand Englishmen or five millions.

Such are the weighty arguments by which the conduct of the Prince of Orange towards the English Roman Catholics may be reconciled with the principles of religious liberty. These arguments, it will be observed, have no reference to any part of the Roman Catholic theology. It will also be observed that they ceased to have any force when the crown had been settled on a race of Protestant sovereigns, and when the power of the House of Commons in the state had become so decidedly preponderant that no sovereign, whatever might have been his opinions or his inclinations, could have imitated the example of James. The nation, however, after its terrors, its struggles, its narrow escape, was in a suspicious and vindictive mood. Means of defence therefore which necessity had once justified, and which necessity alone could justify, were obstinately used long after the necessity had ceased to exist, and were not abandoned till vulgar prejudice had maintained a contest of many years against reason. But in the time of James reason and vulgar prejudice were on the same side. The fanatical and ignorant wished to exclude the Roman Catholic from office because he worshipped stocks and stones, because he had the mark of the Beast, because he had burned down London, because he had strangled Sir Edmondsbury Godfrey; and the most judicious and tolerant statesman, while smiling at the delusions which imposed on the populace, was led, by a very different road, to the same conclusion.

The great object of William now was to unite in one body the numerous sections of the community which regarded him as their common head. In this work he had several able and trusty coadjutors, among whom two were preeminently useful, Burnet and Dykvelt.

The services of Burnet indeed it was necessary to employ with some caution. The kindness with which he had been welcomed at the Hague had excited the rage of James. Mary received from her father two letters filled with invectives against the insolent and seditious divine whom she protected. But these accusations had so little effect on her that she sent back answers dictated by Burnet himself. At length, in January 1687, the King had recourse to stronger measures. Skelton, who had represented the English government in the United Provinces, was removed to Paris, and was succeeded by Albeville, the weakest and basest of all the members of the Jesuitical cabal. Money was Albeville's one object; and he took it from all who offered it. He was paid at once by France and by Holland. Nay, he stooped below even the miserable dignity of corruption, and accepted bribes so small that they seemed better suited to a porter or a lacquey than to an Envoy who had been honoured with an English baronetcy and a foreign marquisate. On one occasion he pocketed very complacently a gratuity of fifty pistoles as the price of a service which he had rendered to the States General. This man had it in charge to demand that Burnet should no longer be countenanced at the Hague. William, who was not inclined to part with a valuable friend, answered at first with his usual coldness; "I am not aware, sir, that, since the Doctor has been here, he has done or said anything of which His Majesty can justly complain." But James was peremptory; the time for an open rupture had not arrived; and it was necessary to give way. During more than eighteen months Burnet never came into the presence of either the Prince or the Princess: but he resided near them; he was fully informed of all that was passing; his advice was constantly asked; his pen was employed on all important occasions; and many of the sharpest and most effective tracts which about that time appeared in London were justly attributed to him.

The rage of James flamed high. He had always been more than sufficiently prone to the angry passions. But none of his enemies, not even those who had conspired against his life, not even those who had attempted by perjury to load him with the guilt of treason and assassination, had ever been regarded by him with such animosity as he now felt for Burnet. His Majesty railed daily at the Doctor in unkingly language, and meditated plans of unlawful revenge. Even blood would not slake that frantic hatred. The insolent divine must be tortured before he was permitted to die. Fortunately he was by birth a Scot; and in Scotland, before he was gibbeted in the Grassmarket, his legs might be dislocated in the boot. Proceedings were accordingly instituted against him at Edinburgh: but he had been naturalised in Holland: he had married a woman of fortune who was a native of that province: and it was certain that his adopted country would not deliver him up. It was therefore determined to kidnap him. Ruffians were hired with great sums of money for this perilous and infamous service. An order for three thousand pounds on this account was actually drawn up for signature in the office of the Secretary of State. Lewis was apprised of the design, and took a warm interest in it. He would lend, he said, his best assistance to convey the villain to England, and would undertake that the ministers of the vengeance of James should find a secure asylum in France. Burnet was well aware of his danger: but timidity was not among his faults. He published a courageous answer to the charges which had been brought against him at Edinburgh. He knew, he said, that it was intended to execute him without a trial: but his trust was in the King of Kings, to whom innocent blood would not cry in vain, even against the mightiest princes of the earth. He gave a farewell dinner to some friends, and, after the meal, took solemn leave of them, as a man who was doomed to death, and with whom they could no longer safely converse. Nevertheless he continued to show himself in all the public places of the Hague so boldly that his friends reproached him bitterly with his foolhardiness. 263

While Burnet was William's secretary for English affairs in Holland, Dykvelt had been not less usefully employed in London. Dykvelt was one of a remarkable class of public men who, having been bred to politics in the noble school of John De Witt, had, after the fall of that great minister, thought that they should best discharge their duty to the commonwealth by rallying round the Prince of Orange. Of the diplomatists in the service of the United Provinces none was, in dexterity, temper, and manners, superior to Dykvelt. In knowledge of English affairs none seems to have been his equal. A pretence was found for despatching him, early in the year 1687, to England on a special mission with credentials from the States General. But in truth his embassy was not to the government, but to the opposition; and his conduct was guided by private instructions which had been drawn by Burnet, and approved by William. 264

Dykvelt reported that James was bitterly mortified by the conduct of the Prince and Princess. "My nephew's duty," said the King, "is to strengthen my hands. But he has always taken a pleasure in crossing me." Dykvelt answered that in matters of private concern His Highness had shown, and was ready to show, the greatest deference to the King's wishes; but that it was scarcely reasonable to expect the aid of a Protestant prince against the Protestant religion. 265 The King was silenced, but not appeased. He saw, with ill humour which he could not disguise, that Dykvelt was mustering and drilling all the various divisions of the opposition with a skill which would have been creditable to the ablest English statesman, and which was marvellous in a foreigner. The clergy were told that they would find the Prince a friend to episcopacy and to the Book of Common Prayer. The Nonconformists were encouraged to expect from him, not only toleration, but also comprehension. Even the Roman Catholics were conciliated; and some of the most respectable among them declared, to the King's face, that they were satisfied with what Dykvelt proposed, and that they would rather have a toleration, secured by statute, than an illegal and precarious ascendency. 266 The chiefs of all the important sections of the nation had frequent conferences in the presence of the dexterous Envoy. At these meetings the sense of the Tory party was chiefly spoken by the Earls of Danby and Nottingham. Though more than eight years had elapsed since Danby had fallen from power, his name was still great among the old Cavaliers of England; and many even of those Whigs who had formerly persecuted him were now disposed to admit that he had suffered for faults not his own, and that his zeal for the prerogative, though it had often misled him, had been tempered by two feelings which did him honour, zeal for the established religion, and zeal for the dignity and independence of his country. He was also highly esteemed at the Hague, where it was never forgotten that he was the person who, in spite of the influence of France and of the Papists, had induced Charles to bestow the hand of the Lady Mary on her cousin.

Daniel Finch, Earl of Nottingham, a nobleman whose name will frequently recur in the history of three eventful reigns, sprang from a family of unrivalled forensic eminence. One of his kinsmen had borne the seal of Charles the First, had prostituted eminent parts and learning to evil purposes, and had been pursued by the vengeance of the Commons of England with Falkland at their head. A more honourable renown had in the succeeding generation been obtained by Heneage Finch. He had immediately after the Restoration been appointed Solicitor General. He had subsequently risen to be Attorney General, Lord Keeper, Lord Chancellor, Baron Finch, and Earl of Nottingham. Through this prosperous career he had always held the prerogative as high as he honestly or decently could; but he had never been concerned in any machinations against the fundamental laws of the realm. In the midst of a corrupt court he had kept his personal integrity unsullied. He had enjoyed high fame as an orator, though his diction, formed on models anterior to the civil wars, was, towards the close of his life, pronounced stiff and pedantic by the wits of the rising generation. In Westminster Hall he is still mentioned with respect as the man who first educed out of the chaos anciently called by the name of equity a new system of jurisprudence, as regular and complete as that which is administered by the judges of the Common Law. 267 A considerable part of the moral and intellectual character of this great magistrate had descended with the title of Nottingham to his eldest son. This son, Earl Daniel, was an honourable and virtuous man. Though enslaved by some absurd prejudices, and though liable to strange fits of caprice, he cannot be accused of having deviated from the path of right in search either of unlawful gain or of unlawful pleasure. Like his father he was a distinguished speaker, impressive, but prolix, and too monotonously solemn. The person of the orator was in perfect harmony with his oratory. His attitude was rigidly erect—his complexion so dark that he might have passed for a native of a warmer climate than ours; and his harsh features were composed to an expression resembling that of a chief mourner at a funeral. It was commonly said that he looked rather like a Spanish grandee than like an English gentleman. The nicknames of Dismal, Don Dismallo, and Don Diego, were fastened on him by jesters, and are not yet forgotten. He had paid much attention to the science by which his family had been raised to greatness, and was, for a man born to rank and wealth, wonderfully well read in the laws of his country. He was a devoted son of the Church, and showed his respect for her in two ways not usual among those Lords who in his time boasted that they were her especial friends, by writing tracts in defence of her dogmas, and by shaping his private life according to her precepts. Like other zealous churchmen, he had, till recently, been a strenuous supporter of monarchical authority. But to the policy which had been pursued since the suppression of the Western insurrection he was bitterly hostile, and not the less so because his younger brother Heneage had been turned out of the office of Solicitor General for refusing to defend the King's dispensing power. 268

With these two great Tory Earls was now united Halifax, the accomplished chief of the Trimmers. Over the mind of Nottingham indeed Halifax appears to have had at this time a great ascendency. Between Halifax and Danby there was an enmity which began in the court of Charles, and which, at a later period, disturbed the court of William, but which, like many other enmities, remained suspended during the tyranny of James. The foes frequently met in the councils held by Dykvelt, and agreed in expressing dislike of the policy of the government and reverence for the Prince of Orange. The different characters of the two statesmen appeared strongly in their dealings with the Dutch envoy. Halifax showed an admirable talent for disquisition, but shrank from coming to any bold and irrevocable decision. Danby far less subtle and eloquent, displayed more energy, resolution, and practical sagacity.

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.