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 ment had expected from him were 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 govern 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 revented 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, Dec. 5. 1683, Oct. 31. 1685. I scarcely need advise every reader to consult Lord Campbell's excellent Life of Jeffreys. 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 for- for a general election. Never since the tunate speculators whose cargoes might accession of the House of Stuart had happen to arrive during the interval the constituent bodies been so favourbetween the demise of the crown and ably disposed towards the Court. But the meeting of the Parliament. The the new sovereign's mind was haunted Treasury was besieged by merchants by an apprehension not to be mentioned, whose warehouses were filled with even at this distance of time, without goods on which duty had been paid, shame and indignation. He was afraid and who were in grievous apprehension that by summoning his Parliament he of being undersold and ruined. Impar- might incur the displeasure of the King tial men must admit that this was one of France. 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 Rochester, Godolphin, and Sunderjudicious proposition of the Lord Keeper land, who now formed the interior was rejected as worthy only of a Whig, cabinet, were perfectly aware that their or of what was still worse, a Trimmer. late master had been in the habit of A proclamation, such as the Chief Jus- receiving money from the court of Vertice had suggested, appeared. Some sailles. They were consulted by James people expected that a violent outbreak as to the expediency of convoking the of public indignation would be the legislature. They acknowledged the consequence, but they were deceived. | importance of keeping Lewis in good The spirit of opposition had not yet humour: but it seemed to them that revived; and the court might safely the calling of a Parliament was not a 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. 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 irregu lar taxation should continue longer than 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 it is that the King of England should they were summoned the better. Even be dependent, not on his own people, but the short delay which would be occa- on the friendship of France alone." * sioned 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." 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 thirtyseven thousand five hundred pounds sterling. Such bills were not then to be easily procured in Paris at a day's notice. In a few hours, however, the purchase was effected, and a courier started for London.† 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.‡ These ignominious excuses were, on the following_morning, repeated by Rochester. 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 * The chief authority for these transactions is Barillon's despatch of Feb. 1685. It will be found in the Appendix to Mr. Fox's Barillon received them civilly. Rochester, grown bolder, pro-dated April 18. 1685, in Dalrymple. ceeded to ask for money. "It will be 10 † Lewis to Barillon, Feb. 10. 1685. Barillon, Feb. 16. 1685. 26 History. See also Preston's letter to James, well laid out," he said: "your master 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.* His history. 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 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. 18. 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 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 *Swift, who hated Marlborough, and who was little disposed to allow any merit to those whom he hated, says, in the famous letter to Crassus, "You are no ill orator in the Senate." 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 very intelligibly, what they wished and an annuity of five hundred a year, well expected. In the French ambassador secured on landed property.* Already they had a dexterous, a zealous, and, his private drawer contained a hoard perhaps, not a disinterested intercessor. of broad pieces which, fifty years later, Lewis made some difficulties, probably when he was a Duke, a Prince of the with the design of enhancing the value Empire, and the richest subject in of his gifts. In a very few weeks, Europe, remained untouched.† 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.* 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. 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." Curl 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 partiality. 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 cut our meat with spoons : As that Churchill should Barillon, Feb. 16. 1685. 26 To it is certain that between their domes- 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 14 |