CHAPTER VIII.

THE marked discourtesy of the Pope might well have irri tated the meekest-of princes. But the only effect which it produced on James was to make him more lavish of caresses and compliments. While Castlemaine, his whole soul festered with angry passions, was on his road back to England, the Nuncio was loaded with honors which his own judgment would have led him to reject. He had, by a fiction often used in the Church of Rome, been lately raised to the episcopal dignity without having the charge of any see. He was called Archbishop of Amasia, the birthplace of Mithridates, an ancient city of which all trace had long disappeared. James insisted that the ceremony of consecration should be performed in the chapel of Saint James's Palace. The vicar apostolic Leyburn and two Irish prelates officiated. The doors were thrown open to the public; and it was remarked that some of those Puritans who had recently turned courtiers were among the spectators. In the evening, Adda, wearing the robes of his new office, joined the circle in the queen's apartments. James fell on his knees in the presence of the whole court and implored a bless ing. In spite of the restraints imposed by etiquette, the astonishment and disgust of the bystanders could not be concealed.* It was long indeed since an English sovereign had knelt to mortal man; and those who saw the strange sight could not but think of that day of shame when John d homage for his crown between the hands of Pandolph.

In a short time, a still more ostentatious pageant was performed in honor of the Holy See. It was determined that the Nuncio should go to court in solemn procession. Some persons, on whose obedience the king had counted, showed, on this occasion, for the first time, signs of a mutinous spirit. Among these the most conspicuous was the second temporal peer of the realm, Charles Seymour, commonly called the proud Duke of Somerset. He was in truth a man in whom the pride of birth and rank amounted almost to a disease.

* Barillon, May 2, 1687.

The fortune which he had inherited was not adequate to the high place which he held among the English aristocracy; but he had become possessed of the greatest estate in England by his marriage with the daughter and heiress of the last Percy who wore the ancient coronet of Northumberland. Somerset was only in his twenty-fifth year, and was very little known to the public. He was a lord of the king's bedchamber, and colonel of one of the regiments which had been raised at the time of the western insurrection. He had not scrupled to carry the sword of state into the royal chapel on days of festival; but he now resolutely refused to swell the pomp of the Nuncio. Some members of his family implored him not to draw on himself the royal displeasure; but their entreaties produced no effect. The king himself expostulated. I thought, my lord," said he, "that I was doing you a great honor in appointing you to escort the minister of the first of all crowned heads." "Sir," said the duke, "I am advised that I cannot obey your majesty without breaking the law." will make you fear me as well as the law," answered the king, insolently. "Do you not know that I am above the law? "Your majesty may be above the law," replied Somerset, "but I am not; and, while I obey the law, I fear nothing.' The king turned away in high displeasure, and Somerset was instantly dismissed from his posts in the household and in the

army.

*

6

66

On one point, however, James showed some prudence. He did not venture to parade the Papal envoy in state before the vast population of the capital. The ceremony was performed, on the third of July, 1687, at Windsor. Great multitudes flocked to the little town. The visitors were so numerous that there was neither food nor lodging for them; and many persons of quality sate the whole day in their carriages waiting for the exhibition. At length, late in the afternoon, the knight marshal's men appeared on horseback. Then came a long train of running footmen; and then in a royal coach appeared Adda, robed in purple, with a brilliant cross on his breast. He was followed by the equipages of the principal courtiers and ministers of state. In his train the crowd recognized with

* Memoirs of the Duke of Somerset; Citters, July 5, 1687; Eachard's History of the Revolution; Clarke's Life of James the Second, ii. 116, 117, 118; Lord Lonsdale's Memoirs.

disgust the arms and liveries of Crewe, Bishop of Durham, and of Cartwright, Bishop of Chester.*

On the following day appeared in the Gazette a proclama tion dissolving that parliament which of all the fifteen Parlia ments held by the Stuarts had been the most obsequious.†

Meanwhile new difficulties had arisen in Westminster Hall Only a few months had elapsed since some judges had been turned out and others put in for the purpose of obtaining a decision favorable to the crown in the case of Sir Edward Hales; and already fresh changes were necessary.

The king had scarcely formed that army on which he chiefly depended for the accomplishing of his designs when he found that he could not himself control it. When war was actually raging in the kingdom a mutineer or a deserter might be tried by a military tribunal and executed, by the provost marshal. But there was now profound peace. The common law of England, having sprung up in an age when all men bore arms occasionally and none constantly, recognized no distinction, in time of peace, between a soldier and any other subject; nor was there any act resembling that by which the authority necessary for the government of regular troops is now annually confided to the sovereign. Some old statutes indeed made desertion felony in certain specified cases. But those statutes were applicable only to soldiers serving the king in actual war, and could not without the grossest disingenuousness be so strained as to include the case of a man who, in a time of profound tranquillity at home and abroad, should become tired of the camp at Hounslow and should go back to his native village. The government appears to have had no hold on such a man, except the hold which master bakers and master tailors have on their journeymen. He and his officers were, in the eye of the law, on a level. If he swore at them he might be fined for an oath. If he struck them he might be prose cuted for assault and battery. In truth the regular army was under less restraint than the militia. For the militia was a body established by an act of parliament, and it had been provided by that act that slight punishments might be summarily inflicted for breaches of discipline.

* London Gazette, July 7, 1687; Citters, July 17. Account of the ceremony reprinted among the Somers Tracts.

London Gazette, July 4, 1687.

It does not appear that, during the reign of Charles the Second, the practical inconvenience arising from this state of the law had been much felt. The explanation may perhaps be that, till the last year of his reign, the force which he maintained in England consisted chiefly of household troops, whose pay was so high that dismission from the service would have been felt by most of them as a great calamity. The stipend of a private in the Life Guards was a provision for the younger son of a gentleman. Even the Foot Guards were in a situation which the great body of the laboring population might regard with envy. The return of the garrison of Tangier and the raising of the new regiments had made a great change. There were now in England many thousands of soldiers, each of whom received only eightpence a day. The dread of punishment was therefore necessary to keep them to their duty; and such punishment their officers could not legally inflict. James had therefore one plain choice before him, to let his army dissolve itself, or to induce the judges to pronounce that the law was what every barrister in the Temple knew that it

was not.

It was peculiarly important to secure the cooperation of two courts; the court of King's Bench, which was the first criminal tribunal in the realm, and the court of jail delivery, which sate at the Old Bailey and had jurisdiction over offences committed in the capital. In both these courts there were great difficulties. Herbert, chief justice of the King's Bench, servile as he had hitherto been, would go no farther. Resistance still more sturdy was to be expected from Sir John Holt, who, as Recorder of the City of London, occupied the bench at the Old Bailey. Holt was an eminently learned and clear-headed lawyer; he was an upright and courageous man; and, though he had never been factious, his political opinions had a tinge of Whiggism. All obstacles, however, disappeared before the royal will. Holt was turned out of the recordership. Herbert and another judge were removed from the King's Bench; and the vacant places were filled by persons in whom the government.could confide. It was indeed necessary to go very low down in the legal profession before men could be found willing to render such services as were now required. The new chief justice, Sir Robert Wright, was ignorant to a proverb; yet ignorance was not his worst fault. His vices had ruined him. He had resorted to infamous ways of raising money, and had, on one occasion, made a false affidavit in order to obtain

possession of five hundred pounds. Poor, dissolute, and shameless, he had become one of the parasites of Jeffreys, who promoted him and insulted him. Such was the man who was now selected by James to be lord chief justice of England. One Richard Allibone, who was even more ignorant of the law than Wright, and who, as a Roman Catholic, was incapable of holding office, was appointed a puisne judge of the King's Bench. Sir Bartholomew Shower, equally notorious as a servile Tory and a tedious orator, became recorder of London. When these changes had been made several deserters were brought to trial. They were convicted in the face of the letter

and of the spirit of the law. Some received sentence of death at the bar of the King's Bench, some at the Old Bailey. They were hanged in sight of the regiments to which they had belonged; and care was taken that the executions should be announced in the London Gazette, which very seldom noticed such events.*

It may well be believed that the law, so grossly insulted by courts which derived from it all their authority, and which were in the habit of looking to it as their guide, would be little respected by a tribunal created and regulated by tyrannical caprice. The new High Commission had, during the first months of its existence, merely inhibited clergymen from exercising spiritual functions. The rights of property had remained untouched. But, early in the year 1687, it was determined to strike at freehold interests, and to impress on every Anglican priest and prelate the conviction that, if he refused to lend his aid for the purpose of destroying the Church of which he was a minister, he would in an hour be reduced to beggary.

It would have been prudent to try the first experiment on some obscure individual. But the government was under an infatuation such as, in a more simple age, would have been called judicial. War was therefore at once declared against the two most venerable corporations of the realm, the universities of Oxford and Cambridge.

The power of those bodies has during many ages been great; but it was at the height during the latter part of the seventeenth century. None of the neighboring countries could boast of

See the statutes 18 Hen. 6, c. 19; 2 & 3 Ed. 6, c. 2; Eachard's History of the Revolution; Kennet, iii. 468; North's Life of Guildford, 247; London Gazette, April 18, May 23, 1687; Vindication of the E. of R. (Earl of Rochester.)