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despotic temper perpetually disordered | he had encouraged to presume on his his judgment. To enter his court was favour. 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 practised 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 ecstacy 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,

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.*

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.

collected

Act of Par

James had not been many hours King when a dispute arose The between the two heads of the relented law. The customs had been withoutan settled on Charles for life liament. 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 chief sources of information concerning Jeffreys are the State Trials and North's Life of Lord Guildford. Some touches of minor importance I owe to contemporary pamphlets in verse and prose. Such are the Lord Jeffreys, the Panegyric on the late Lord Bloody Assizes, the Life and Death of George Jeffreys, the Letter to the Lord Chancellor, Jeffreys's Elegy. See also Evelyn's Diary, advise every reader to consult Lord Campbell's Dec. 5. 1683, Oct. 31. 1685. I scarcely need excellent Life of Jeffreys.

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.

between

and the

To the King of France it mattered little which of the two English Transfactions triumphed at the elec- actions tions: for all the Parliaments James which had met since the Resto- French ration, whatever might have King. 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.

the consumer would derive no benefit; | moment was, indeed, most auspicious 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 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.* 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 * London Gazette, Feb. 12. 168. North's Life of Guildford, 254.

A Parlia ment called.

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 an 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

it is that the King of England should be dependent, not on his own people, but on the friendship of France alone." *

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the special circumstances which alone | cannot employ his revenues better. Rejustified it. The Houses then must present to him strongly how important 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 Barillon hastened to communicate to might produce irreparable mischief. Lewis the wishes of the English governDiscontent and suspicion would spread ment; but Lewis had already anticifast through society. Halifax would pated them. His first act, after he was complain that the fundamental princi- apprised of the death of Charles, was ples of the constitution were violated. to collect bills of exchange on England The Lord Keeper, like a cowardly to the amount of five hundred thousand pedantic special pleader as he was, livres, a sum equivalent to about thirtywould take the same side. What might seven thousand five hundred pounds have been done with a good grace sterling. Such bills were not then to would at last be done with a bad grace. be easily procured in Paris at a day's Those very ministers whom His Ma- notice. In a few hours, however, the jesty most wished to lower in the public purchase was effected, and a courier estimation would gain popularity at his started for London.† As soon as Barilexpense. The ill temper of the nation lon received the remittance, he flew to might seriously affect the result of the Whitehall, and communicated the welelections. These arguments were un- come news. James was not ashamed answerable. The King therefore noti- to shed, or pretend to shed, tears of fied to the country his intention of delight and gratitude. Nobody but holding a Parliament. But he was your King," he said, "does such kind, painfully anxious to exculpate himself such noble things. I never can be from the guilt of having acted un- grateful enough. Assure him that my dutifully and disrespectfully towards attachment will last to the end of my France. He led Barillon into a private days." Rochester, Sunderland, and room, and there apologised for having Godolphin came, one after another, to dared to take so important a step with- embrace the ambassador, and to whisout the previous sanction of Lewis. per to him that he had given new life Assure your master," said James, "of to their royal master. 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."

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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

These ignominious excuses were, on the following_morning, repeated by is Rochester.

Barillon received them civilly. Rochester, grown bolder, proceeded to ask for money. "It will be well laid out," he said: "your master

*The chief authority for these transactions

Barillon's despatch of Feb. 1685. It

will be found in the Appendix to Mr. Fox's History. See also Preston's letter to James, dated April 18. 1685, in Dalrymple.

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Lewis to Barillon, Feb. 16. 1685.
Barillon, Feb. 18. 1685.
26

politics was to add the Belgian pro- | fast in the court and in the army, and vinces to his dominions. England was was early distinguished as a man of bound by a treaty, which had been fashion and of pleasure. His stature 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.*

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Soon after the Restoration, in the gay and dissolute times which history. have been celebrated by the lively pen of Hamilton, James, young and ardent in the pursuit of pleasure, had been attracted by 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

* Barillon, Feb. 1. 1685.

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 practised rhetoricians.* 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 singu larly 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

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feat of gallantry with a present of five | while protesting that they did not mean thousand pounds. With this sum the to be importunate, contrived to hint, prudent young hero instantly bought an annuity of five hundred a year, well secured on landed property.* 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.†

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. His wife had a post in the family of James's younger daughter, the Princess of Denmark.

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.*

Lord Churchill was now sent as ambassador extraordinary to Versailles. The turpitude of these transactions He had it in charge to express the is universally acknowledged: but their warm gratitude of the English govern- real nature seems to be often misunment for the money which had been so derstood: for, though the foreign policy generously bestowed. It had been ori- of the last two Kings of the House of nally intended that he should, at the Stuart has never, since the correspondsame time, ask Lewis for a much larger ence of Barillon was exposed to the sum; but, on full consideration, it public eye, found an apologist among was apprehended that such indelicate us, there is still a party which labours greediness might disgust the benefactor to excuse their domestic policy. Yet 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.§

But James and his ministers, even *Dartmouth's note on Burnet, i. 264. Chesterfield's Letters, Nov. 18. 1748. Chesterfield is an unexceptionable witness; for the annuity was a charge on the estate of his grandfather, Halifax. I believe that there is no foundation for a disgraceful addition to the story which may be found in Pope :

"The gallant, too, to whom she paid it down, Lived to refuse his mistress half a crown." Carl calls this a piece of travelling scandal. † Pope in Spence's Anecdotes.

See the Historical Records of the First

or Royal Dragoons. The appointment of
Churchill to the command of this regiment
was ridiculed as an instance of absurd par-
tiality. One lampoon of that time, which I do
not remember to have seen in print, but of
which a manuscript copy is in the British
Museum, contains these lines:

"Let's cat our meat with spoons :
The sense is as good

As that Churchill should
Be put to command the dragoons."

Barillon, Feb. 16. 1685.

26'

To

it is certain that between their domes-
tic policy and their foreign policy there
was a necessary and indissoluble con-
nection. If they had upheld, during a
single year, the honour of the country
abroad, they would have been com-
pelled to change the whole system of
their administration at home.
praise them for refusing to govern in
conformity with the sense of Parlia-
ment, and yet to blame them for sub-
mitting 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

* Barillon, April.; Lewis to Barillon, April

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