The History of England - Vols. 1 to 6 (518 page)

The attempt upon the university of Oxford was prosecuted with Attempt upon

more inflexible obstinacy, and was attended with more important Magdalen college.

consequences. This university had lately, in their famous decree, made a solemn profession of passive obedience; and the court probably expected, that they would show their sincerity, when their turn came to practise that doctrine; which, though, if carried to the utmost extent, it be contrary both to reason and to nature, is apt to meet with the more effectual opposition from the latter principle. The president of Magdalen college, one of the richest foundations in Europe, dying about this time, a mandate was sent in favour of Farmer, a new convert, but one, who, besides his being a catholic, had not in other respects the qualifications required by the statutes for enjoying that office. The fellows of the college made submissive applications to the king for recalling his mandate; but before they received an answer, the day came, on which, by their statutes, they were obliged to proceed to an election. They chose Dr. Hough, a man of virtue, as well as of the firmness and vigour requisite for maintaining his own rights and those of the university. In order to punish the college for this contumacy, as it was called, an inferior ecclesiastical commission was sent down, and the new president and the fellows were cited before it. So little regard had been paid to any consideration besides religion, that Farmer, on enquiry, was found guilty of the lowest and most scandalous vices; insomuch that even the ecclesiastical commissioners were ashamed to insist on his election. A new mandate, therefore, was issued in favour of Parker, lately created bishop of Oxford, a man of a prostitute character, but who, like Farmer, atoned for all his vices by his avowed willingness to embrace the catholic religion. The college represented, that all presidents had ever been appointed by election, and there were few instances of the king’s interposing by his recommendation in favour of any candidate; that having already made a regular election of a president, they could not deprive him of his office, and, during his lifetime, substitute any other in his place; that, even if there were a vacancy, Parker, by the statutes, of their founder, could not be chosen; that they had all of them bound themselves by oath to observe these statutes, and never on any account to accept of a dispensation; and that the college had at all times so much distinguished itself by its loyalty, that nothing but the most invincible necessity could now oblige them to PLL v6.0 (generated September, 2011)

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oppose his majesty’s inclinations. All these reasons availed them nothing. The president and all the fellows, except two who complied, were expelled the college; and Parker was put in possession of the office. This act of violence, of all those which were committed during the reign of James, is perhaps the most illegal and arbitrary.

When the dispensing power was the most strenuously insisted on by court lawyers, it had still been allowed, that the statutes, which regard private property, could not legally be infringed by that prerogative: Yet in this instance it appeared, that even these were not now secure from invasion. The privileges of a college are attacked: Men are illegally dispossessed of their property, for adhering to their duty, to their oaths, and to their religion: The fountains of the church are attempted to be poisoned; nor would it be long, it was concluded, ere all ecclesiastical, as well as civil preferments, would be bestowed on such as, negligent of honour, virtue, and sincerity, basely sacrificed their faith to the reigning superstition. Such were the general sentiments; and as the universities have an intimate connexion with the ecclesiastical establishments, and mightily interest all those who have there received their education, this arbitrary proceeding begat an universal discontent against the king’s administration.

The next measure of the court was an insult still more open on the ecclesiastics, and rendered the breach between the king and that powerful body fatal, as well as incurable. It is strange that James, when he felt, from the sentiments of his own heart, what a mighty influence religious zeal had over him, should yet be so infatuated as never once to suspect, that it might possibly have a proportionable authority over his subjects. Could he have profited by repeated experience, he had seen instances enow of their strong aversion to that communion, which, from a violent, imperious temper, he was determined, by every possible expedient, to introduce into his kingdoms.

The king published a second declaration of indulgence, almost in 1688.

the same terms with the former; and he subjoined an order, that, immediately after divine service, it should be read by the clergy in all the churches.

As they were known universally to disapprove of the use made of the suspending power, this clause, they thought, could be meant only as an insult upon them; and they were sensible, that, by their compliance, they should expose themselves, both to public contempt, on account of their tame behaviour, and to public hatred, by their indirectly patronizing so obnoxious a prerogative.
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They were determined, therefore, almost universally to preserve the regard of the people; their only protection, while the laws were become of so little validity, and while the court was so deeply engaged in opposite interests. In order to encourage them in this resolution, six prelates, namely, Lloyde bishop of St. Asaph, Ken of Bath and Wells, Turner of Ely, Lake of Chichester, White of Peterborough, and Trelawney of Bristol, met privately with the primate, and concerted the form of a petition to the king. They there represent in few words, that, though possessed of the highest sense of loyalty, a virtue of which the church of England had given such eminent testimonies; and though desirous of affording ease in a legal way to all protestant dissenters; yet, because the declaration of indulgence was founded on a prerogative, formerly declared illegal by parliament, they could not, in prudence, honour, or conscience, so far make themselves parties as the distribution of it all over the kingdom would be interpreted to amount to. They PLL v6.0 (generated September, 2011)

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therefore besought the king, that he would not insist upon their reading that

declaration.h

The king was incapable, not only of yielding to the greatest opposition, but of allowing the slightest and most respectful contradiction to pass uncensured. He immediately embraced a resolution (and his resolutions, when once embraced, were inflexible) of punishing the bishops, for a petition so popular in its matter, and so prudent and cautious in the expression. As the petition was delivered him in private, he summoned them before the council; and questioned them whether they would acknowledge it. The bishops saw his intention, and seemed long desirous to decline answering: But being pushed by the chancellor, they at last avowed the petition. On their refusal to give bail, an order was immediately drawn for their commitment to the Tower; and the crown lawyers received directions to prosecute them for the seditious libel, which, it was pretended, they had composed and uttered.

The people were already aware of the danger, to which the Imprisonment, Trial,

prelates were exposed; and were raised to the highest pitch of and acquittal of the

anxiety and attention with regard to the issue of this

bishops.

extraordinary affair. But when they beheld these fathers of the church brought from court under the custody of a guard, when they saw them embarked in vessels on the river, and conveyed towards the Tower, all their affection for liberty, all their zeal for religion, blazed up at once; and they flew to behold this affecting spectacle. The whole shore was covered with crowds of prostrate spectators, who at once implored the blessing of those holy pastors, and addressed their petitions towards Heaven for protection during this extreme danger, to which their country and their religion stood exposed. Even the soldiers, seized with the contagion of the same spirit, flung themselves on their knees before the distressed prelates, and craved the benediction of those criminals, whom they were appointed to guard. Some persons ran into the water, that they might participate more nearly in those blessings, which the prelates were distributing on all around them. The bishops themselves, during this triumphant suffering, augmented the general favour, by the most lowly submissive deportment; and they still exhorted the people to fear God, honour the king, and maintain their loyalty; expressions more animating than the most inflammatory speeches. And no sooner had they entered the precincts of the Tower than they hurried to chapel, in order to return thanks for those afflictions, which Heaven, in defence of its holy cause, had thought them worthy to endure.

Their passage, when conducted to their trial, was, if possible, attended by greater crowds of anxious spectators. All men saw the dangerous crisis, to which affairs were reduced, and were sensible, that the king could not have put the issue on a cause more unfavourable for himself than that in which he had so imprudently engaged. Twenty-nine temporal peers (for the other prelates kept aloof) attended the prisoners to Westminster-hall; and such crowds of gentry followed the procession, that scarcely was any room left for the populace to enter. The lawyers for the bishops were Sir Robert Sawyer, Sir Francis Pemberton, Pollexsen, Treby, and Sommers. No cause, even during the prosecution of the popish plot, was ever heard with so much zeal and attention. The popular torrent, which, of itself, ran fierce and strong, was now farther irritated by the opposition of government.

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The council for the bishops pleaded, that the law allowed subjects, if they thought themselves aggrieved in any particular, to apply by petition to the king, provided they kept within certain bounds, which the same law prescribed to them, and which in the present petition the prelates had strictly observed: That an active obedience in cases, which were contrary to conscience, was never pretended to be due to government; and law was allowed to be the great measure of the compliance and submission of subjects: That when any person found commands to be imposed upon him, which he could not obey, it was more respectful in him to offer his reasons for refusal, than to remain in a sullen and refractory silence: That it was no breach of duty in subjects, even though not called upon, to discover their sense of public measures, in which every one had so intimate a concern: That the bishops in the present case were called upon, and must either express their approbation by compliance, or their disapprobation by petition: That it could be no sedition to deny the prerogative of suspending the laws; because there really was no such prerogative, nor ever could be, in a legal and limited government: That even if this prerogative were real, it had yet been frequently controverted before the whole nation, both in Westminster-hall, and in both houses of parliament: and no one had ever dreamed of punishing the denial of it as criminal: That the prelates, instead of making an appeal to the people, had applied in private to his majesty, and had even delivered their petition so secretly, that, except by the confession extorted from them before the council, it was found impossible to prove them the authors: And that though the petition was afterwards printed and dispersed, it was not so much as attempted to be proved, that they had the least knowledge of the publication.

These arguments were convincing in themselves, and were heard with a favourable disposition by the audience. Even some of the judges, though their seats were held during pleasure, declared themselves in favour of the prisoners. The jury however, from what cause is unknown, took several hours to deliberate, and kept, during so long a time, the people in the most anxious expectation. But when the wished for verdict,
not guilty,
was at last pronounced, the intelligence was echoed through the hall, was conveyed to the crowds without, was carried into the city, and was propagated with infinite joy throughout the kingdom.

Ever since Monmouth’s rebellion, the king had, every summer, 17th June.

encamped his army on Hounslow heath, that he might both

improve their discipline, and by so unusual a spectacle over-awe the mutinous people.

A popish chapel was openly erected in the midst of the camp, and great pains were taken, though in vain, to bring over the soldiers to that communion. The few converts whom the priests had made, were treated with such contempt and ignominy, as deterred every one from following the example. Even the Irish officers, whom the king introduced into the army, served rather, from the aversion borne them, to weaken his interest among them. It happened, that the very day, on which the trial of the bishops was finished, James had reviewed the troops, and had retired into the tent of lord Feversham, the general; when he was surprized to hear a great uproar in the camp, attended with the most extravagant symptoms of tumultuary joy. He suddenly enquired the cause, and was told by Feversham, “It was nothing but the rejoicing of the soldiers for the acquittal of the bishops.” “Do you call that nothing?” replied he,

“but so much the worse for them.”

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The king was still determined to rush forward in the same course, in which he was already, by his precipitate career, so fatally advanced. Though he knew, that every order of men, except a handful of catholics, were enraged at his past measures, and still more terrified with the future prospect; though he saw that the same discontents had reached the army, his sole resource during the general disaffection: Yet was he incapable of changing his measures, or even of remitting his violence in the prosecution of them. He struck out two of the judges, Powel and Holloway, who had appeared to favour the bishops: He issued orders to prosecute all those clergymen who had not read his declaration; that is, the whole church of England, two hundred excepted: He sent a mandate to the new fellows, whom he had obtruded on Magdalen-college, to elect for president, in the room of Parker, lately deceased, one Gifford, a doctor of the Sorbonne, and titular bishop of Madura: And he is even said to have nominated the same person to the see of Oxford. So great an infatuation is perhaps an object of compassion rather than of anger: And is really surprizing in a man, who, in other respects, was not wholly deficient in sense and accomplishments.