CHAPTER IX.

THE acquittal of the Bishops was not the only event which makes the thirtieth of June 1688 a great epoch in history. On that day, while the bells of a hundred churches were ringing, while multitudes were busied from Hyde Park to Mile End, in piling faggots and dressing Popes for the rejoicings of the night, was despatched from London to the Hague an instrument scarcely less important to the liberties of England than the Great Charter.

The prosecution of the Bishops, and the birth of the Prince of Wales, had produced a great revolution in the feelings of many Tories. At the very moment at which their Church was suffering the last excess of injury and insult, they were compelled to renounce the hope of peaceful deliverance. Hitherto they had flattered themselves that the trial to which their loyalty was subjected would, though severe, be temporary, and that their wrongs would shortly be redressed without any violation of the ordinary rule of succession. A very different prospect was now before them. As far as they could look forward they saw only misgovernment, such as that of the last three years, extending through ages. The cradle of the heir apparent of the crown was surrounded by Jesuits. Deadly hatred of that Church of which he would one day be the head would be studiously instilled into his infant mind, would be the guiding principle of his life, and would be bequeathed by him to his posterity. This vista of calamities had no end. It stretched beyond the life of the youngest man living, beyond the eighteenth century. None could say how many generations of Protestant Englishmen might have to bear oppression, such as, even when it had been believed to be short, had been found almost insupportable. Was there then no remedy? One remedy there was, quick, sharp, and decisive, a remedy which the Whigs had been but too ready to employ, but which had always been regarded by the Tories as, in all cases, unlawful.

The greatest Anglican doctors of that age had maintained that no breach of law or contract, no excess of cruelty, rapacity, or licentiousness, on the part of a rightful King, could justify his people in withstanding him by force. Some of them had delighted to exhibit the doctrine of nonresistance in a form so exaggerated as to shock com

mon sense and humanity. They frequently and emphatically remarked that Nero was at the head of the Roman government, when Saint Paul inculcated the duty of obeying magistrates. The inference which they drew was that, if an English King should, without any law but his own pleasure, persecute his subjects for not worshipping idols, should fling them to the lions in the Tower, should wrap them up in pitched cloth and set them on fire to light up Saint James's Park, and should go on with these massacres till whole towns and shires were left without one inhabitant, the survivors would still be bound meekly to submit, and to be torn in pieces or roasted alive without a struggle. The arguments in favour of this proposition were futile indeed: but the place of sound argument was amply supplied by the omnipotent sophistry of interest and of passion. Many writers have expressed wonder that the high spirited Cavaliers of England should have been zealous for the most slavish theory that has ever been known among men. The truth is that this theory at first presented itself to the Cavalier as the very opposite of slavish. Its tendency was to make him not a slave but a freeman and a master. It exalted him by exalting one whom he regarded as his protector, as his friend, as the head of his beloved party and of his more beloved Church, When the Republicans were dominant the Royalist, had endured wrongs and insults which the restoration of the legitimate government had enabled him to retaliate. Rebellion was therefore associated in his imagination with subjection and degradation, and monarchical authority with liberty and ascendency. It had never crossed his imagination that a time might come when a King, a Stuart, would persecute the most loyal of the clergy and gentry with more than the animosity of the Rump or the Protector. That time had however arrived. It was now to be seen how the patience which Churchmen professed to have learned from the writings of Paul would stand the test of a persecution by no means so severe as that of Nero. The event was such as everybody who knew anything of human nature would have predicted. Oppression speedily did what philosophy and eloquence would have failed to do. The system of Filmer might have survived the attacks of Locke: but it never recovered from the death blow given by James.

That logic, which, while it. was used to prove that Presbyterians and Independents ought to bear imprisonment and confiscation with meekness, had been pronounced unanswerable, seemed to be of very little force when the question was whether Anglican Bishops should be imprisoned, and the revenues of Anglican colleges confiscated. It had been often repeated, from the pulpits of all the Cathedrals in the land, that the apostolical injunction to obey the civil magistrate was absolute and universal, and that it was impious presumption in man to limit a precept which had been promulgated without any limitation in the word

of God. Now, however, divines, whose sagacity had been sharpened by the imminent danger in which they stood of being turned out of their livings and prebends to make room for Papists, discovered flaws in the reasoning which had formerly seemed so convincing. The ethical parts of Scripture were not to be construed like Acts of Parliament, or like the casuistical treatises of the schoolmen. What Christian really turned the left cheek to the ruffian who had smitten the right? What Christian really gave his cloak to the thieves who had taken his coat away? Both in the Old and in the New Testament general rules were perpetually laid down unaccompanied by the exceptions. Thus there was a general command not to kill, unaccompanied by any reservation in favour of the warrior who kills in defence of his king and country. There was a general command not to swear, unaccompanied by any reservation in favour of the witness who swears to speak the truth before a judge. Yet the lawfulness of defensive war, and of judicial oaths, was disputed only by a few obscure sectaries, and was positively affirmed in the articles of the Church of England. All the arguments, which showed that the Quaker, who refused to bear arms, or to kiss the Gospels, was unreasonable and perverse, might be turned against those who denied to subjects the right of resisting extreme tyranny by force. If it was contended that the texts which prohibited homicide, and the texts which prohibited swearing,' though generally expressed, must be construed in subordination to the great commandment by which every man is enjoined to promote the welfare of his neighbours, and would, when so construed, be found not to apply to cases in which homicide or swearing might be absolutely necessary to protect the dearest interests of society, it was not easy to deny that the texts which prohibited resistance ought to be construed in the same manner. If the ancient people of God had been directed sometimes to destroy human life, and sometimes to bind themselves by oaths, they had also been directed sometimes to resist wicked princes. If early fathers of the Church had occasionally used language which seemed to imply that they disapproved of all resistance, they had also occasionally used language which seemed to imply that they disapproved of all war, and of all oaths. In truth the doctrine of passive obedience, as taught at Oxford in the reign of Charles the Second, can be deduced from the Bible only by a mode of interpretation which would irresistibly lead us to the conclusions of Barclay and Penn.

It was not merely by arguments drawn from the letter of Scripture that the Anglican theologians had, during the years which immediately followed the Restoration, laboured to prove their favourite tenet. They had attempted to show that, even if revelation had been silent, reason would have taught wise men the folly and wickedness of all

resistance to established government. It was universally admitted that such resistance was, except in extreme cases, unjustifiable. And who would undertake to draw the line between extreme cases and ordinary cases? Was there any government in the world under which there were not to be found some discontented and factious men who would say, and perhaps think, that their grievances constituted an extreme case? If, indeed, it were possible to lay down a clear and accurate rule which might forbid men to rebel against Trajan, and yet leave them at liberty to rebel against Caligula, such a rule might be highly beneficial. But no such rule had ever been, or ever would be, framed. To say that rebellion was lawful under some circumstances, without accurately defining those circumstances, was to say that every man might rebel whenever he thought fit; and a society in which every man rebelled whenever he thought fit would be more miserable than a society governed by the most cruel and licentious despot. It was therefore necessary to maintain the great principle of nonresistance in all its integrity. Particular cases might doubtless be put in which resistance would benefit a community: but it was, on the whole, better that the people should patiently endure a bad government than that they should relieve themselves by violating a law on which the security of all government depended.

- Such reasoning easily convinced a dominant and prosperous party, but could ill bear the scrutiny of minds strongly excited by royal injustice and ingratitude. It is true that to trace the exact boundary between rightful and wrongful resistance is impossible: but this impossibility arises from the nature of right and wrong, and is found in almost every part of ethical science. A good action is not distinguished from a bad action by marks so plain as those which distinguish a hexagon from a square. There is a frontier where virtue and vice fade into each other. Who has ever been able to define the exact boundary between courage and rashness, between prudence and cowardice, between frugality and avarice, between liberality and prodigality? Who has ever been able to say how far mercy to offenders ought to be carried, and where it ceases to deserve the name of mercy and becomes a pernicious weakness? What casuist, what lawgiver, has ever been able nicely to mark the limits of the right of selfdefence? All our jurists hold that a certain quantity of risk to life or limb justifies a man in shooting or stabbing an assailant: but they have long given up in despair the attempt to describe, in precise words, that quantity of risk. They only say that it must be, not a slight risk, but a risk such as would cause serious apprehension to a man of firm mind; and who will undertake to say what is the precise amount of apprehension which deserves to be called serious, or what is the precise texture of mind which deserves to be

called firm? It is doubtless to be regretted that the nature of words and the nature of things do not admit of more accurate legislation: nor can it be denied that wrong will often be done when men are judges in their own cause, and proceed instantly to execute their own judgment. Yet who would, on that account, interdict all selfdefence? The right which a people has to resist a bad government bears a close analogy to the right which an individual, in the absence of legal protection, has to slay an assailant. In both cases the evil must be grave. In both cases all regular and peaceable modes of defence must be exhausted before the aggrieved party resorts to extremities. In both cases an awful responsibility is incurred. In both cases the burden of the proof lies on him who has ventured on so desperate an expedient; and, if he fails to vindicate himself, he is justly liable to the severest penalties. But in neither case can we absolutely deny the existence of the right. A man beset by assassins is not bound to let himself be tortured and butchered without using his weapons, because nobody has ever been able precisely to define the amount of the danger which justifies homicide. Nor is a society bound to endure passively all that tyranny can inflict, because nobody has ever been able precisely to define the amount of misgovernment which justifies rebellion.

But could the resistance of Englishmen to such a prince as James be properly called rebellion? The thoroughpaced disciples of Filmer, indeed, maintained that there was no difference whatever between the polity of our country and that of Turkey, and that, if the King did not confiscate the contents of all the tills in Lombard Street, and send mutes with bowstrings to Sancroft and Halifax, this was only because His Majesty was too gracious to use the whole power which he derived from heaven. But the great body of Tories, though, in the heat of conflict, they might occasionally use language which seemed to indicate that they approved of these extravagant doctrines, heartily abhorred despotism. The English government was, in their view, a limited monarchy. Yet how can a monarchy be said to be limited if force is never to be employed, even in the last resort, for the purpose of maintaining the limitations? In Muscovy, where the sovereign was, by the constitution of the state, absolute, it might perhaps be, with some colour of truth, contended that whatever excesses he might commit, he was still entitled to demand, on Christian principles, the obedience of his subjects. But here prince and people were alike bound by the laws. It was therefore James who incurred the woe denounced against those who insult the powers that be. It was James who was resisting the ordinance of God, who was mutinying against that legitimate authority to which he ought to have been subject, not only for wrath, but also for conscience sake, and who