The History of England - Vols. 1 to 6 (516 page)

boundaries.c

Whatever topics lawyers might find to defend James’s dispensing power, the nation thought it dangerous, if not fatal, to liberty; and his resolution of exercising it may on that account be esteemed no less alarming, than if the power had been founded on the most recent and most flagrant usurpation. It was not likely, that an authority, which had been assumed, through so many obstacles, would in his hands lie long idle and unemployed. Four catholic lords were brought into the privy council, Powis, Arundel, Bellasis, and Dover. Halifax, finding, that, notwithstanding his past merits, he possessed no real credit or authority, became refractory in his opposition; and his office of privy seal was given to Arundel. The king was open, as well as zealous, in the desire of making converts; and men plainly saw, that the only way to acquire his affection and confidence was by a sacrifice of their religion. Sunderland, some time after, scrupled not to gain favour at this price. Rochester, the treasurer, though the king’s brother-in-law, yet, because he refused to give this instance of complaisance, was turned out of his office: The treasury was put in commission, and Bellasis was placed at the head of it. All the courtiers were disgusted, even such as had little regard PLL v6.0 (generated September, 2011)

319

http://oll.libertyfund.org/title/793

Online Library of Liberty: The History of England, vol. 6

to religion. The dishonour, as well as distrust, attending renegades, made most men resolve, at all hazards, to adhere to their ancient faith.

In Scotland, James’s zeal for proselytism was more successful.

State of Scotland.

The earls of Murray, Perth, and Melfort were brought over to the court religion; and the two latter noblemen made use of a very courtly reason for their conversion: They pretended, that the papers, found in the late king’s cabinet, had opened their eyes, and had convinced them of the preference due to the catholic religion. Queensberry, who showed not the same complaisance, fell into total disgrace, notwithstanding his former services, and the important sacrifices, which he had made to the measures of the court. These merits could not even ensure him of safety against the vengeance, to which he stood exposed. His rival, Perth, who had been ready to sink under his superior interest, now acquired the ascendant; and all the complaints, exhibited against him, were totally obliterated. His faith, according to a saying of Halifax, had made him whole.

But it was in Ireland chiefly, that the mask was wholly taken off, State of Ireland.

and that the king thought himself at liberty to proceed, to the full extent of his zeal and his violence. The duke of Ormond was recalled, and though the primate and lord Granard, two protestants, still possessed the authority of justices, the whole power was lodged in the hands of Talbot, the general, soon after created earl of Tyrconnel; a man, who, from the blindness of his prejudices and fury of his temper, was transported with the most immeasurable ardour for the catholic cause. After the suppression of Monmouth’s rebellion, orders were given by Tyrconnel to disarm all the protestants, on pretence of securing the public peace, and keeping their arms in a few magazines for the use of the militia. Next, the army was new-modelled; and a great number of officers were dismissed, because it was pretended, that they or their fathers had served under Cromwel and the republic. The injustice was not confined to them. Near three hundred officers more were afterwards broken, though many of them had purchased their commissions: About four or five thousand private soldiers, because they were protestants, were dismissed; and being stripped even of their regimentals, were turned out to starve in the streets. While these violences were carrying on, Clarendon, who had been named lord lieutenant, came over; but he soon found, that, as he had refused to give the king the desired pledge of fidelity, by changing his religion, he possessed no credit or authority. He was even a kind of prisoner in the hands of Tyrconnel; and as he gave all opposition in his power to the precipitate measures of the catholics, he was soon after recalled, and Tyrconnel substituted in his place. The unhappy protestants now saw all the civil authority, as well as the military force, transferred into the hands of their inveterate enemies; inflamed with hereditary hatred, and stimulated by every motive, which the passion either for power, property, or religion could inspire. Even the barbarous banditti were let loose to prey on them in their present defenceless condition. A renewal of the ancient massacres was apprehended; and great multitudes, struck with the best grounded terror, deserted the kingdom, and infused into the English nation a dread of those violences, to which, after some time, they might justly, from the prevalence of the catholics, think themselves exposed.

PLL v6.0 (generated September, 2011)

320

http://oll.libertyfund.org/title/793

Online Library of Liberty: The History of England, vol. 6

All judicious persons of the catholic communion were disgusted with these violent measures, and could easily foresee the consequences. But James was entirely governed by the rash counsels of the queen and of his confessor, father Peters, a jesuit, whom he soon after created a privy counsellor. He thought too, that, as he was now in the decline of life, it was necessary for him, by hasty steps, to carry his designs into execution; lest the succession of the princess of Orange should overturn all his projects. In vain did Arundel, Powis, ard Bellasis remonstrate, and suggest more moderate and cautious measures. These men had seen and felt, during the prosecution of the popish plot, the extreme antipathy, which the nation bore to their religion; and though some subsequent incidents had seemingly allayed that spirit, they knew, that the settled habits of the people were still the same, and that the smallest incident was sufficient to renew the former animosty. A very moderate indulgence, therefore, to the catholic religion would have satisfied them; and all attempts to acquire power, much more to produce a change of the national faith, they deemed dangerous and

destructive.d

On the first broaching of the popish plot, the clergy of the church Breach betwixt the of England had concurred in the prosecution of it, with the same king and the church.

violence and credulity as the rest of the nation: But dreading afterwards the prevalence of republican and presbyterian principles, they had been engaged to support the measures of the court; and to their assistance chiefly, James had owed his succession to the crown. Finding that all these services were forgotten, and that the catholic religion was the king’s sole favourite, the church had commenced an opposition to court measures; and popery was now acknowledged the more immediate danger. In order to prevent inflammatory sermons on this popular subject, James revived some directions to preachers, which had been promulgated by the late king, in the beginning of his reign, when no design against the national religion was yet formed, or at least apprehended. But in the present delicate and interesting situation of the church, there was little reason to expect that orders, founded on no legal authority, would be rigidly obeyed by preachers, who saw no security to themselves but in preserving the confidence and regard of the people.

Instead of avoiding controversy, according to the king’s injunctions, the preachers every where declaimed against popery; and among the rest, Dr. Sharpe, a clergyman of London, particularly distinguished himself, and affected to throw great contempt on those who had been induced to change their religion by such pitiful arguments as the Romish missionaries could suggest. This topic, being supposed to reflect on the king, gave great offence at court; and positive orders were issued to the bishop of London, his diocesan, immediately to suspend Sharpe, till his majesty’s pleasure should be farther known. The prelate replied, that he could not possibly obey these commands, and that he was not empowered, in such a summary manner, to inflict any punishment even upon the greatest delinquent. But neither this obvious reason, nor the most dutiful submissions, both of the prelate and of Sharpe himself, could appease the court. The king was determined to proceed with violence in the prosecution of this affair. The bishop himself he resolved to punish for disobedience to his commands; and the expedient, which he employed for that purpose, was of a nature at once the most illegal and most alarming.

PLL v6.0 (generated September, 2011)

321

http://oll.libertyfund.org/title/793

Online Library of Liberty: The History of England, vol. 6

Among all the engines of authority formerly employed by the crown, none had been more dangerous or even destructive to liberty, than the court of high commission, which, together with the star-chamber, had been abolished in the reign of Charles I.

by act of parliament; in which a clause was also inserted, prohibiting the erection, in all future times, of that court, or any of a like nature. But this law was deemed by James no obstacle; and an ecclesiastical commission was anew issued, by which seven
e
commissioners were vested with full and Court of ecclesiastical

unlimited authority over the church of England. On them were commission.

bestowed the same inquisitorial powers, possessed by the former court of high commission: They might proceed upon bare suspicion; and the better to set the law at defiance, it was expressly inserted in their patent itself, that they were to exercise their jurisdiction, notwithstanding any law or statute to the contrary. The king’s design to subdue the church was now sufficiently known; and had he been able to establish the authority of this new-erected court, his success was infallible. A more sensible blow could not be given both to national liberty and religion; and happily the contest could not be tried in a cause more iniquitous and unpopular than that against Sharpe and the bishop of London.

The prelate was cited before the commissioners. After denying the legality of the court, and claiming the privilege of all Christian bishops to be tried by the metropolitan and his suffragans; he pleaded in his own defence, that, as he was obliged, if he had suspended Sharpe, to act in the capacity of a judge, he could not, consistent either with law or equity, pronounce sentence without a previous citation and trial: That he had by petition represented this difficulty to his majesty; and not receiving any answer, he had reason to think, that his petition had given entire satisfaction: That in order to shew farther his deference, he had advised Sharpe to abstain from preaching, till he had justified his conduct to the king; an advice, which, coming from a superior, was equivalent to a command, and had accordingly met with the proper obedience: That he had thus in his apprehension conformed himself to his majesty’s pleasure; but if he should still be found wanting to his duty in any particular, he was now willing to crave pardon, and to make reparation. All this submission, both in Sharpe and the prelate, had no effect: It was determined to have an example: Orders were accordingly sent to the commissioners to proceed: And by a majority of votes the bishop, as well as the doctor, was Sentence against the suspended.

bishop of London.

Almost the whole of this short reign consists of attempts always imprudent, often illegal, sometimes both, against whatever was most loved and revered by the nation: Even such schemes of the king’s as might be laudable in themselves, were so disgraced by his intentions, that they serve only to aggravate the charge against him.

James was become a great patron of toleration, and an enemy to all those persecuting laws, which, from the influence of the church, had been enacted both against the dissenters and catholics. Not content with granting dispensations to particular persons, he assumed a power of issuing a declaration of general indulgence, and of suspending at once all the penal statutes,

by which a conformity was required to the established religion.

Penal laws suspended.

This was a strain of authority, it must be confessed, quite inconsistent with law and a limited constitution; yet was it supported by many strong PLL v6.0 (generated September, 2011)

322

http://oll.libertyfund.org/title/793

Online Library of Liberty: The History of England, vol. 6

precedents in the history of England. Even after the principles of liberty were become more prevalent, and began to be well understood, the late king had, oftener than once, and without giving much umbrage, exerted this dangerous power: He had in 1662

suspended the execution of a law, which regulated carriages: During the two Dutch wars, he had twice suspended the act of navigation: And the commons in 1666, being resolved, contrary to the king’s judgment, to enact that iniquitous law against the importation of Irish cattle, found it necessary, in order to obviate the exercise of this prerogative, which they desired not at that time entirely to deny or abrogate, to call that importation a nuisance.

Though the former authority of the sovereign was great in civil affairs, it was still greater in ecclesiastical; and the whole despotic power of the popes was often believed, in virtue of the supremacy, to have devolved to the crown. The last parliament of Charles I. by abolishing the power of the king and convocation to frame canons without consent of parliament, had somewhat diminished the supposed extent of the supremacy; but still very considerable remains of it, at least very important claims, were preserved, and were occasionally made use of by the sovereign. In 1662, Charles, pleading both the rights of his supremacy and his suspending power, had granted a general indulgence or toleration; and in 1672 he renewed the same edict: Though the remonstrances of his parliament obliged him, on both occasions, to retract; and in the last instance, the triumph of law over prerogative was deemed very great and memorable. In general, we may remark, that, where the exercise of the suspending power was agreeable and useful, the power itself was little questioned: Where the exercise was thought liable to exceptions, men not only opposed it, but proceeded to deny altogether the legality of the prerogative, on which it was founded.