Kitabı oku: «The History of England, from the Accession of James II — Volume 1», sayfa 28

Rochester was the only member of the cabinet who stood high in the favour of the King. The general expectation was that he would be immediately placed at the head of affairs, and that all the other great officers of the state would be changed. This expectation proved to be well founded in part only. Rochester was declared Lord Treasurer, and thus became prime minister. Neither a Lord High Admiral nor a Board of Admiralty was appointed. The new King, who loved the details of naval business, and would have made a respectable clerk in a dockyard at Chatham, determined to be his own minister of marine. Under him the management of that important department was confided to Samuel Pepys, whose library and diary have kept his name fresh to our time. No servant of the late sovereign was publicly disgraced. Sunderland exerted so much art and address, employed so many intercessors, and was in possession of so many secrets, that he was suffered to retain his seals. Godolphin's obsequiousness, industry, experience and taciturnity, could ill be spared. As he was no longer wanted at the Treasury, he was made Chamberlain to the Queen. With these three Lords the King took counsel on all important questions. As to Halifax, Ormond, and Guildford, he determined not yet to dismiss them, but merely to humble and annoy them.

Halifax was told that he must give up the Privy seal and accept the Presidency of the Council. He submitted with extreme reluctance. For, though the President of the Council had always taken precedence of the Lord Privy Seal, the Lord Privy Seal was, in that age a much more important officer than the Lord President. Rochester had not forgotten the jest which had been made a few months before on his own removal from the Treasury, and enjoyed in his turn the pleasure of kicking his rival up stairs. The Privy Seal was delivered to Rochester's elder brother, Henry Earl of Clarendon.

To Barillon James expressed the strongest dislike of Halifax. "I know him well, I never can trust him. He shall have no share in the management of public business. As to the place which I have given him, it will just serve to show how little influence he has." But to Halifax it was thought convenient to hold a very different language. "All the past is forgotten," said the King, "except the service which you did me in the debate on the Exclusion Bill." This speech has often been cited to prove that James was not so vindictive as he had been called by his enemies. It seems rather to prove that he by no means deserved the praises which have been bestowed on his sincerity by his friends. 228

Ormond was politely informed that his services were no longer needed in Ireland, and was invited to repair to Whitehall, and to perform the functions of Lord Steward. He dutifully submitted, but did not affect to deny that the new arrangement wounded his feelings deeply. On the eve of his departure he gave a magnificent banquet at Kilmainham Hospital, then just completed, to the officers of the garrison of Dublin. After dinner he rose, filled a goblet to the brim with wine, and, holding it up, asked whether he had spilt one drop. "No, gentlemen; whatever the courtiers may say, I am not yet sunk into dotage. My hand does not fail me yet: and my hand is not steadier than my heart. To the health of King James!" Such was the last farewell of Ormond to Ireland. He left the administration in the hands of Lords Justices, and repaired to London, where he was received with unusual marks of public respect. Many persons of rank went forth to meet him on the road. A long train of eguipages followed him into Saint James's Square, where his mansion stood; and the Square was thronged by a multitude which greeted him with loud acclamations. 229

The Great Seal was left in Guildford's custody; but a marked indignity was at the same time offered to him. It was determined that another lawyer of more vigour and audacity should be called to assist in the administration. The person selected was Sir George Jeffreys, Chief Justice of the Court of King's Bench. The depravity of this man has passed into a proverb. Both the great English parties have attacked his memory with emulous violence: for the Whigs considered him as their most barbarous enemy; and the Tories found it convenient to throw on him the blame of all the crimes which had sullied their triumph. A diligent and candid enquiry will show that some frightful stories which have been told concerning him are false or exaggerated. Yet the dispassionate historian will be able to make very little deduction from the vast mass of infamy with which the memory of the wicked judge has been loaded.

He was a man of quick and vigorous parts, but constitutionally prone to insolence and to the angry passions. When just emerging from boyhood he had risen into practice at the Old Bailey bar, a bar where advocates have always used a license of tongue unknown in Westminster Hall. Here, during many years his chief business was to examine and crossexamine the most hardened miscreants of a great capital. Daily conflicts with prostitutes and thieves called out and exercised his powers so effectually that he became the most consummate bully ever known in his profession. Tenderness for others and respect for himself were feelings alike unknown to him. He acquired a boundless command of the rhetoric in which the vulgar express hatred and contempt. The profusion of maledictions and vituperative epithets which composed his vocabulary could hardly have been rivalled in the fishmarket or the beargarden. His countenance and his voice must always have been unamiable. But these natural advantages,—for such he seems to have thought them,—he had improved to such a degree that there were few who, in his paroxysms of rage, could see or hear him without emotion. Impudence and ferocity sate upon his brow. The glare of his eyes had a fascination for the unhappy victim on whom they were fixed. Yet his brow and his eye were less terrible than the savage lines of his mouth. His yell of fury, as was said by one who had often heard it, sounded like the thunder of the judgment day. These qualifications he carried, while still a young man, from the bar to the bench. He early became Common Serjeant, and then Recorder of London. As a judge at the City sessions he exhibited the same propensities which afterwards, in a higher post, gained for him an unenviable immortality. Already might be remarked in him the most odious vice which is incident to human nature, a delight in misery merely as misery. There was a fiendish exultation in the way in which he pronounced sentence on offenders. Their weeping and imploring seemed to titillate him voluptuously; and he loved to scare them into fits by dilating with luxuriant amplification on all the details of what they were to suffer. Thus, when he had an opportunity of ordering an unlucky adventuress to be whipped at the cart's tail, "Hangman," he would exclaim, "I charge you to pay particular attention to this lady! Scourge her soundly man! Scourge her till the blood runs down! It is Christmas, a cold time for Madam to strip in! See that you warm her shoulders thoroughly!" 230 He was hardly less facetious when he passed judgment on poor Lodowick Muggleton, the drunken tailor who fancied himself a prophet. "Impudent rogue!" roared Jeffreys, "thou shalt have an easy, easy, easy punishment!" One part of this easy punishment was the pillory, in which the wretched fanatic was almost killed with brickbats. 231

By this time the heart of Jeffreys had been hardened to that temper which tyrants require in their worst implements. He had hitherto looked for professional advancement to the corporation of London. He had therefore professed himself a Roundhead, and had always appeared to be in a higher state of exhilaration when he explained to Popish priests that they were to be cut down alive, and were to see their own bowels burned, than when he passed ordinary sentences of death. But, as soon as he had got all that the city could give, he made haste to sell his forehead of brass and his tongue of venom to the Court. Chiffinch, who was accustomed to act as broker in infamous contracts of more than one kind, lent his aid. He had conducted many amorous and many political intrigues; but he assuredly never rendered a more scandalous service to his masters than when he introduced Jeffreys to Whitehall. The renegade soon found a patron in the obdurate and revengeful James, but was always regarded with scorn and disgust by Charles, whose faults, great as they were, had no affinity with insolence and cruelty. "That man," said the King, "has no learning, no sense, no manners, and more impudence than ten carted street-walkers." 232 Work was to be done, however, which could be trusted to no man who reverenced law or was sensible of shame; and thus Jeffreys, at an age at which a barrister thinks himself fortunate if he is employed to conduct an important cause, was made Chief Justice of the King's Bench.

His enemies could not deny that he possessed some of the qualities of a great judge. His legal knowledge, indeed, was merely such as he had picked up in practice of no very high kind. But he had one of those happily constituted intellects which, across labyrinths of sophistry, and through masses of immaterial facts, go straight to the true point. Of his intellect, however, he seldom had the full use. Even in civil causes his malevolent and despotic temper perpetually disordered his judgment. To enter his court was to enter the den of a wild beast, which none could tame, and which was as likely to be roused to rage by caresses as by attacks. He frequently poured forth on plaintiffs and defendants, barristers and attorneys, witnesses and jurymen, torrents of frantic abuse, intermixed with oaths and curses. His looks and tones had inspired terror when he was merely a young advocate struggling into practice. Now that he was at the head of the most formidable tribunal in the realm, there were few indeed who did not tremble before him. Even when he was sober, his violence was sufficiently frightful. But in general his reason was overclouded and his evil passions stimulated by the fumes of intoxication. His evenings were ordinarily given to revelry. People who saw him only over his bottle would have supposed him to be a man gross indeed, sottish, and addicted to low company and low merriment, but social and goodhumoured. He was constantly surrounded on such occasions by buffoons selected, for the most part, from among the vilest pettifoggers who practiced before him. These men bantered and abused each other for his entertainment. He joined in their ribald talk, sang catches with them, and, when his head grew hot, hugged and kissed them in an ecstasy of drunken fondness. But though wine at first seemed to soften his heart, the effect a few hours later was very different. He often came to the judgment seat, having kept the court waiting long, and yet having but half slept off his debauch, his cheeks on fire, his eyes staring like those of a maniac. When he was in this state, his boon companions of the preceding night, if they were wise, kept out of his way: for the recollection of the familiarity to which he had admitted them inflamed his malignity; and he was sure to take every opportunity of overwhelming them with execration and invective. Not the least odious of his many odious peculiarities was the pleasure which he took in publicly browbeating and mortifying those whom, in his fits of maudlin tenderness, he had encouraged to presume on his favour.

The services which the government had expected from him were performed, not merely without flinching, but eagerly and triumphantly. His first exploit was the judicial murder of Algernon Sidney. What followed was in perfect harmony with this beginning. Respectable Tories lamented the disgrace which the barbarity and indecency of so great a functionary brought upon the administration of justice. But the excesses which filled such men with horror were titles to the esteem of James. Jeffreys, therefore, very soon after the death of Charles, obtained a seat in the cabinet and a peerage. This last honour was a signal mark of royal approbation. For, since the judicial system of the realm had been remodelled in the thirteenth century, no Chief Justice had been a Lord of Parliament. 233

Guildford now found himself superseded in all his political functions, and restricted to his business as a judge in equity. At Council he was treated by Jeffreys with marked incivility. The whole legal patronage was in the hands of the Chief Justice; and it was well known by the bar that the surest way to propitiate the Chief Justice was to treat the Lord Keeper with disrespect.

James had not been many hours King when a dispute arose between the two heads of the law. The customs had been settled on Charles for life only, and could not therefore be legally exacted by the new sovereign. Some weeks must elapse before a House of Commons could be chosen. If, in the meantime, the duties were suspended, the revenue would suffer; the regular course of trade would be interrupted; the consumer would derive no benefit, and the only gainers would be those fortunate speculators whose cargoes might happen to arrive during the interval between the demise of the crown and the meeting of the Parliament. The Treasury was besieged by merchants whose warehouses were filled with goods on which duty had been paid, and who were in grievous apprehension of being undersold and ruined. Impartial men must admit that this was one of those cases in which a government may be justified in deviating from the strictly constitutional course. But when it is necessary to deviate from the strictly constitutional course, the deviation clearly ought to be no greater than the necessity requires. Guildford felt this, and gave advice which did him honour. He proposed that the duties should be levied, but should be kept in the Exchequer apart from other sums till the Parliament should meet. In this way the King, while violating the letter of the laws, would show that he wished to conform to their spirit, Jeffreys gave very different counsel. He advised James to put forth an edict declaring it to be His Majesty's will and pleasure that the customs should continue to be paid. This advice was well suited to the King's temper. The judicious proposition of the Lord Keeper was rejected as worthy only of a Whig, or of what was still worse, a Trimmer. A proclamation, such as the Chief Justice had suggested, appeared. Some people had expected that a violent outbreak of public indignation would be the consequence; but they were deceived. The spirit of opposition had not yet revived; and the court might safely venture to take steps which, five years before, would have produced a rebellion. In the City of London, lately so turbulent, scarcely a murmur was heard. 234

The proclamation, which announced that the customs would still be levied, announced also that a Parliament would shortly meet. It was not without many misgivings that James had determined to call the Estates of his realm together. The moment was, indeed most auspicious for a general election. Never since the accession of the House of Stuart had the constituent bodies been so favourably disposed towards the Court. But the new sovereign's mind was haunted by an apprehension not to be mentioned even at this distance of time, without shame and indignation. He was afraid that by summoning his Parliament he might incur the displeasure of the King of France.

To the King of France it mattered little which of the two English factions triumphed at the elections: for all the Parliaments which had met since the Restoration, whatever might have been their temper as to domestic politics, had been jealous of the growing power of the House of Bourbon. On this subject there was little difference between the Whigs and the sturdy country gentlemen who formed the main strength of the Tory party. Lewis had therefore spared neither bribes nor menaces to prevent Charles from convoking the Houses; and James, who had from the first been in the secret of his brother's foreign politics, had, in becoming King of England, become also a hireling and vassal of France.

Rochester, Godolphin, and Sunderland, who now formed the interior cabinet, were perfectly aware that their late master had been in the habit of receiving money from the court of Versailles. They were consulted by James as to the expediency of convoking the legislature. They acknowledged the importance of keeping Lewis in good humour: but it seemed to them that the calling of a Parliament was not a matter of choice. Patient as the nation appeared to be, there were limits to its patience. The principle, that the money of the subject could not be lawfully taken by the King without the assent of the Commons, was firmly rooted in the public mind; and though, on all extraordinary emergency even Whigs might be willing to pay, during a few weeks, duties not imposed by statute, it was certain that even Tories would become refractory if such irregular taxation should continue longer than the special circumstances which alone justified it. The Houses then must meet; and since it was so, the sooner they were summoned the better. Even the short delay which would be occasioned by a reference to Versailles might produce irreparable mischief. Discontent and suspicion would spread fast through society. Halifax would complain that the fundamental principles of the constitution were violated. The Lord Keeper, like a cowardly pedantic special pleader as he was, would take the same side. What might have been done with a good grace would at last be done with a bad grace. Those very ministers whom His Majesty most wished to lower in the public estimation would gain popularity at his expense. The ill temper of the nation might seriously affect the result of the elections. These arguments were unanswerable. The King therefore notified to the country his intention of holding a Parliament. But he was painfully anxious to exculpate himself from the guilt of having acted undutifully and disrespectfully towards France. He led Barillon into a private room, and there apologised for having dared to take so important a step without the previous sanction of Lewis. "Assure your master," said James, "of my gratitude and attachment. I know that without his protection I can do nothing. I know what troubles my brother brought on himself by not adhering steadily to France. I will take good care not to let the Houses meddle with foreign affairs. If I see in them any disposition to make mischief, I will send them about their business. Explain this to my good brother. I hope that he will not take it amiss that I have acted without consulting him. He has a right to be consulted; and it is my wish to consult him about everything. But in this case the delay even of a week might have produced serious consequences."

These ignominious excuses were, on the following morning, repeated by Rochester. Barillon received them civilly. Rochester, grown bolder, proceeded to ask for money. "It will be well laid out," he said: "your master cannot employ his revenues better. Represent to him strongly how important it is that the King of England should be dependent, not on his own people, but on the friendship of France alone." 235

Barillon hastened to communicate to Lewis the wishes of the English government; but Lewis had already anticipated them. His first act, after he was apprised of the death of Charles, was to collect bills of exchange on England to the amount of five hundred thousand livres, a sum equivalent to about thirty-seven thousand five hundred pounds sterling Such bills were not then to be easily procured in Paris at day's notice. In a few hours, however, the purchase was effected, and a courier started for London. 236 As soon as Barillon received the remittance, he flew to Whitehall, and communicated the welcome news. James was not ashamed to shed, or pretend to shed, tears of delight and gratitude. "Nobody but your King," he said, "does such kind, such noble things. I never can be grateful enough. Assure him that my attachment will last to the end of my days." Rochester, Sunderland, and Godolphin came, one after another, to embrace the ambassador, and to whisper to him that he had given new life to their royal master. 237

But though James and his three advisers were pleased with the promptitude which Lewis had shown, they were by no means satisfied with the amount of the donation. As they were afraid, however, that they might give offence by importunate mendicancy, they merely hinted their wishes. They declared that they had no intention of haggling with so generous a benefactor as the French King, and that they were willing to trust entirely to his munificence. They, at the same time, attempted to propitiate him by a large sacrifice of national honour. It was well known that one chief end of his politics was to add the Belgian provinces to his dominions. England was bound by a treaty which had been concluded with Spain when Danby was Lord Treasurer, to resist any attempt which France might make on those provinces. The three ministers informed Barillon that their master considered that treaty as no longer obligatory. It had been made, they said, by Charles: it might, perhaps, have been binding on him; but his brother did not think himself bound by it. The most Christian King might, therefore, without any fear of opposition from England, proceed to annex Brabant and Hainault to his empire. 238

It was at the same time resolved that an extraordinary embassy should be sent to assure Lewis of the gratitude and affection of James. For this mission was selected a man who did not as yet occupy a very eminent position, but whose renown, strangely made up of infamy and glory, filled at a later period the whole civilized world.

Soon after the Restoration, in the gay and dissolute times which have been celebrated by the lively pen of Hamilton, James, young and ardent in the pursuit of pleasure, had been attracted to Arabella Churchill, one of the maids of honour who waited on his first wife. The young lady was plain: but the taste of James was not nice: and she became his avowed mistress. She was the daughter of a poor Cavalier knight who haunted Whitehall, and made himself ridiculous by publishing a dull and affected folio, long forgotten, in praise of monarchy and monarchs. The necessities of the Churchills were pressing: their loyalty was ardent: and their only feeling about Arabella's seduction seems to have been joyful surprise that so homely a girl should have attained such high preferment.

Her interest was indeed of great use to her relations: but none of them was so fortunate as her eldest brother John, a fine youth, who carried a pair of colours in the foot guards. He rose fast in the court and in the army, and was early distinguished as a man of fashion and of pleasure. His stature was commanding, his face handsome, his address singularly winning, yet of such dignity that the most impertinent fops never ventured to take any liberty with him; his temper, even in the most vexatious and irritating circumstances, always under perfect command. His education had been so much neglected that he could not spell the most common words of his own language: but his acute and vigorous understanding amply supplied the place of book learning. He was not talkative: but when he was forced to speak in public, his natural eloquence moved the envy of practiced rhetoricians. 239 His courage was singularly cool and imperturbable. During many years of anxiety and peril, he never, in any emergency, lost even for a moment, the perfect use of his admirable judgment.

In his twenty-third year he was sent with his regiment to join the French forces, then engaged in operations against Holland. His serene intrepidity distinguished him among thousands of brave soldiers. His professional skill commanded the respect of veteran officers. He was publicly thanked at the head of the army, and received many marks of esteem and confidence from Turenne, who was then at the height of military glory.

Unhappily the splendid qualities of John Churchill were mingled with alloy of the most sordid kind. Some propensities, which in youth are singularly ungraceful, began very early to show themselves in him. He was thrifty in his very vices, and levied ample contributions on ladies enriched by the spoils of more liberal lovers. He was, during a short time, the object of the violent but fickle fondness of the Duchess of Cleveland. On one occasion he was caught with her by the King, and was forced to leap out of the window. She rewarded this hazardous feat of gallantry with a present of five thousand pounds. With this sum the prudent young hero instantly bought an annuity of five hundred a year, well secured on landed property. 240 Already his private drawer contained a hoard of broad pieces which, fifty years later, when he was a Duke, a Prince of the Empire, and the richest subject in Europe, remained untouched. 241

After the close of the war he was attached to the household of the Duke of York, accompanied his patron to the Low Countries and to Edinburgh, and was rewarded for his services with a Scotch peerage and with the command of the only regiment of dragoons which was then on the English establishment. 242 His wife had a post in the family of James's younger daughter, the Princess of Denmark.

Lord Churchill was now sent as ambassador extraordinary to Versailles. He had it in charge to express the warm gratitude of the English government for the money which had been so generously bestowed. It had been originally intended that he should at the same time ask Lewis for a much larger sum; but, on full consideration, it was apprehended that such indelicate greediness might disgust the benefactor whose spontaneous liberality had been so signally displayed. Churchill was therefore directed to confine himself to thanks for what was past, and to say nothing about the future. 243

But James and his ministers, even while protesting that they did not mean to be importunate, contrived to hint, very intelligibly, what they wished and expected. In the French ambassador they had a dexterous, a zealous, and perhaps, not a disinterested intercessor. Lewis made some difficulties, probably with the design of enhancing the value of his gifts. In a very few weeks, however, Barillon received from Versailles fifteen hundred thousand livres more. This sum, equivalent to about a hundred and twelve thousand pounds sterling, he was instructed to dole out cautiously. He was authorised to furnish the English government with thirty thousand pounds, for the purpose of corrupting members of the New House of Commons. The rest he was directed to keep in reserve for some extraordinary emergency, such as a dissolution or an insurrection. 244

The turpitude of these transactions is universally acknowledged: but their real nature seems to be often misunderstood: for though the foreign policy of the last two Kings of the House of Stuart has never, since the correspondence of Barillon was exposed to the public eye, found an apologist among us, there is still a party which labours to excuse their domestic policy. Yet it is certain that between their domestic policy and their foreign policy there was a necessary and indissoluble connection. If they had upheld, during a single year, the honour of the country abroad, they would have been compelled to change the whole system of their administration at home. To praise them for refusing to govern in conformity with the sense of Parliament, and yet to blame them for submitting to the dictation of Lewis, is inconsistent. For they had only one choice, to be dependent on Lewis, or to be dependent on Parliament.

James, to do him justice, would gladly have found out a third way: but there was none. He became the slave of France: but it would be incorrect to represent him as a contented slave. He had spirit enough to be at times angry with himself for submitting to such thraldom, and impatient to break loose from it; and this disposition was studiously encouraged by the agents of many foreign powers.

His accession had excited hopes and fears in every continental court: and the commencement of his administration was watched by strangers with interest scarcely less deep than that which was felt by his own subjects. One government alone wished that the troubles which had, during three generations, distracted England, might be eternal. All other governments, whether republican or monarchical, whether Protestant or Roman Catholic, wished to see those troubles happily terminated.

The nature of the long contest between the Stuarts and their Parliaments was indeed very imperfectly apprehended by foreign statesmen: but no statesman could fail to perceive the effect which that contest had produced on the balance of power in Europe. In ordinary circumstances, the sympathies of the courts of Vienna and Madrid would doubtless have been with a prince struggling against subjects, and especially with a Roman Catholic prince struggling against heretical subjects: but all such sympathies were now overpowered by a stronger feeling. The fear and hatred inspired by the greatness, the injustice, and the arrogance of the French King were at the height. His neighbours might well doubt whether it were more dangerous to be at war or at peace with him. For in peace he continued to plunder and to outrage them; and they had tried the chances of war against him in vain. In this perplexity they looked with intense anxiety towards England. Would she act on the principles of the Triple Alliance or on the principles of the treaty of Dover? On that issue depended the fate of all her neighbours. With her help Lewis might yet be withstood: but no help could be expected from her till she was at unity with herself. Before the strife between the throne and the Parliament began, she had been a power of the first rank: on the day on which that strife terminated she became a power of the first rank again: but while the dispute remained undecided, she was condemned to inaction and to vassalage. She had been great under the Plantagenets and Tudors: she was again great under the princes who reigned after the Revolution: but, under the Kings of the House of Stuart, she was a blank in the map of Europe. She had lost one class of energies, and had not yet acquired another. That species of force, which, in the fourteenth century had enabled her to humble France and Spain, had ceased to exist. That species of force, which, in the eighteenth century, humbled France and Spain once more, had not yet been called into action. The government was no longer a limited monarchy after the fashion of the middle ages. It had not yet become a limited monarchy after the modern fashion. With the vices of two different systems it had the strength of neither. The elements of our polity, instead of combining in harmony, counteracted and neutralised each other All was transition, conflict, and disorder. The chief business of the sovereign was to infringe the privileges of the legislature. The chief business of the legislature was to encroach on the prerogatives of the sovereign. The King readily accepted foreign aid, which relieved him from the misery of being dependent on a mutinous Parliament. The Parliament refused to the King the means of supporting the national honor abroad, from an apprehension, too well founded, that those means might be employed in order to establish despotism at home. The effect of these jealousies was that our country, with all her vast resources, was of as little weight in Christendom as the duchy of Savoy or the duchy of Lorraine, and certainly of far less weight than the small province of Holland.