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which filled such men with horror were titles to the esteem of James. Jeffreys, therefore, 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.*

The

Guildford now found himself superseded in all his political functions, and restricted to his business as a judge in equity.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. 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 only for life, 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 to 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 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 Bloody Assizes, the Life and Death of George Lord Jeffreys, the Panegyric on the late Lord 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 book.

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. Ă 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 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 parties triumphed at the elections: for all the Parlia ments 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 now, 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

* London Gazette, Feb. 12. 1684. North's Life of Guildford, 254.

convoking the legislature. They owned the great 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 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 apologized 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. Roches

p*

"It will be

ter, grown bolder, proceeded to ask for money. 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."*

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 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."

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 higgling 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

* The chief authority for these transactions is 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 28. 1685, in Dalrymple. + Lewis to Barillon, Feb. 18. 1685.

Barillon, Feb. 18. 1685.

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.*

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 yet occupy a very eminent position, but whose renown, strangely made up of infamy and glory, filled at a later period the whole civilised world.

Soon after the Restoration, in the gay and dissolute times 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 not beautiful: 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 plain 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 loquacious: 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 anx

* Barillon, Feb. 8. 1685.

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