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

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.

And here, if James had not been infatuated, the matter might have stopped. The Fellows in general were not inclined to carry their resistance further. They were of opinion that, by refusing to assist in the admission of the intruder, they had sufficiently proved their respect for their statutes and oaths, and that, since he was now in actual possession, they might justifiably submit to him as their head, till he should be removed by sentence of a competent court. Only one Fellow, Doctor Fairfax, refused to yield even to this extent. The Commissioners would gladly have compromised the dispute on these terms; and during a few hours there was a truce which many thought likely to end in an amicable arrangement: but soon all was again in confusion. The Fellows found that the popular voice loudly accused them of pusillanimity. The townsmen already talked ironically of a Magdalene conscience, and exclaimed that the brave Hough and the honest Fairfax had been betrayed and abandoned. Still more annoying were the sneers of Obadiah Walker and his brother renegades. This then, said those apostates, was the end of all the big words in which the society had declared itself resolved to stand by its lawful President and by its Protestant faith. While the Fellows, bitterly annoyed by the public censure, were regretting the modified submission which they had consented to make, they learned that this submission was by no means satisfactory to the King. It was not enough, he said, that they offered to obey the Bishop of Oxford as President in fact. They must distinctly admit the Commission and all that had been done under it to be legal. They must acknowledge that they had acted undutifully; they must declare themselves penitent; they must promise to behave better in future, must implore His Majesty's pardon, and lay themselves at his feet. Two Fellows of whom the King had no complaint to make, Charnock and Smith, were excused from the obligation of making these degrading apologies.