X. 1688. defence if the prisoners had acted under the authority CHAP. of an usurper who, like Henry the Fourth and Richard the Third, bore the regal title, but declared that such a defence could not avail men who had indicted, sentenced, and executed one who, in the indictment, in the sentence, and in the death warrant, was designated as King. It followed, therefore, that whoever should support a Regent in opposition to James would run great risk of being hanged, drawn, and quartered, if ever James should recover supreme power; but that no person could, without such a violation of law as Jeffreys himself would hardly venture to commit, be punished for siding with a King who was reigning, though wrongfully, at Whitehall, against a rightful King who was in exile at Saint Germains.* It should seem that these arguments admit of no reply; and they were doubtless urged with force by Danby, who had a wonderful power of making every subject which he treated clear to the dullest mind, and by Halifax, who, in fertility of thought and brilliancy of diction, had no rival among the orators of that age. Yet so numerous and powerful were the Tories in the Upper House that, notwithstanding the weakness of their case, the defection of their leader, and the ability of their opponents, they very nearly carried the day. A hundred Lords divided. Forty-nine voted for a Regency, fifty-one against it. In the minority were the natural children of Charles, the brothers in law of James, the Dukes of Somerset and Ormond, the Archbishop of York and eleven Bishops. No prelate voted in the majority except Compton and Trelawney.† * Stat. 2 Hen. 7. c. 1.: Lord Coke's Institutes, part iii. chap i.; Trial of Cook for high treason, in the Collection of State Trials; Burnet, i. 813. and Swift's note. † Lords' Journals, Jan. 29. 168; Clarendon's Diary; Eve lyn's Diary; Citters; Eachard's CHAP. X. 1688. rose. It was near nine in the evening before the House The following day was the thirtieth of January, the anniversary of the death of Charles the First. The great body of the Anglican clergy had, during many years, thought it a sacred duty to inculcate on that day the doctrines of nonresistance and passive obedience. Their old sermons were now of little use; and many divines were even in doubt whether they could venture to read the whole Liturgy. The Lower House had declared that the throne was vacant. The Upper had not yet expressed any opinion. It was therefore not easy to decide whether the prayers for the sovereign ought to be used. Every officiating minister took his own course. In most of the churches of the capital the petitions for James were omitted: but at Saint Margaret's, Sharp, Dean of Norwich, who had been requested to preach before the Commons, not only read to their faces the whole service as it stood in the book, but, before his sermon, implored, in his own words, a blessing on the King, and, towards the close of his discourse, declaimed against the Jesuitical doctrine that princes might lawfully be deposed by their subjects. The Speaker, that very afternoon, complained to the House of this affront. "You pass a vote one day," he said; "and on the next day it is contradicted from the pulpit in your own hearing." Sharp was strenuously defended by the Tories, and had friends even among the Whigs: for it was not forgotten that he had incurred serious danger in the evil times by the courage with which, in defiance of the royal injunction, he had preached against Popery. Sir Christopher Musgrave very ingeniously remarked that the House had not ordered the resolution which declared the throne vacant to be published. Sharp, therefore, was not only not bound to know anything of that resolution, but could by different writers. I have fol- trouble to make out lists of the majority and minority. X. not have taken notice of it without a breach of privilege CHAP. for which he might have been called to the bar and reprimanded on his knees. The majority felt that it was not wise at that conjuncture to quarrel with the clergy; and the subject was suffered to drop.* While the Commons were discussing Sharp's sermon, the Lords had again gone into a committee on the state of the nation, and had ordered the resolution which pronounced the throne vacant to be read clause by clause. The first expression on which a debate arose was that which recognised the original contract between King and people. It was not to be expected that the Tory peers would suffer a phrase which contained the quintessence of Whiggism to pass unchallenged. A division took place; and it was determined by fifty-three votes to forty-six that the words should stand. The severe censure passed by the Commons on the administration of James was next considered, and was approved without one dissentient voice. Some verbal objections were made to the proposition that James had abdicated the government. It was urged that he might more correctly be said to have deserted it. This amendment was adopted, it should seem, with scarcely any debate, and without a division. By this time it was late; and the Lords again adjourned.† Up to this moment the small body of peers which was under the guidance of Danby had acted in firm union with Halifax and the Whigs. The effect of this union had been that the plan of Regency had been rejected, and the doctrine of the original contract affirmed. proposition that James had ceased to be King had been the rallying point of the two parties which had made Grey's Debates; Evelyn's Diary; Life of Archbishop Sharp, by his son; Apology for the New Se The paration, in a letter to Dr. John † Lords' Journals, Jan. 30. 1688; 1688. Schism between the the fol Whigs and lowers of Danby. X. CHAP. declared the throne vacant was considered. This was conceded to them; and the question was put whether a Regency, exercising kingly power during the life of James, in his name, would be the best expedient for preserving the laws and liberties of the nation? 1688. The contest was long and animated. The chief speakers in favour of a Regency were Rochester and Nottingham. Halifax and Danby led the other side. The Primate, strange to say, did not make his appearance, though earnestly importuned by the Tory peers to place himself at their head. His absence drew on him many contumelious censures; nor have even his eulogists been able to find any explanation of it which raises his character.* The plan of Regency was his own. He had, a few days before, in a paper written with his own hand, pronounced that plan to be clearly the best that could be adopted. The deliberations of the Lords who supported that plan had been carried on under his roof. His situation made it his clear duty to declare publicly what he thought. Nobody can suspect him of personal cowardice or of vulgar cupidity. It was probably from a nervous fear of doing wrong that, at this great conjuncture, he did nothing but he should have known that, situated as he was, to do nothing was to do wrong. A man who is too scrupulous to take on himself a grave responsibility at an important crisis ought to be too scrupulous to accept the place of first minister of the Church and first peer of the realm. It is not strange, however, that Sancroft's mind should have been ill at ease; for he could hardly be blind to the obvious truth that the scheme which he had recommended to his friends was utterly inconsistent with all that he and his brethren had been teaching during many years. That the King had a divine and indefeasible right to the regal power, and that the regal * Clarendon's Diary, Jan. 21. 1683; Burnet, i. 810.; Doyly's Life of Sancroft. power, even when most grossly abused, could not, without sin, be resisted, was the doctrine in which the Anglican Church had long gloried. Did this doctrine then really mean only that the King had a divine and indefeasible right to have his effigy and name cut on a seal which was to be daily employed in despite of him for the purpose of commissioning his enemies to levy war on him, and of sending his friends to the gallows for obeying him? Did the whole duty of a good subject consist in using the word King? If so, Fairfax at Naseby and Bradshaw in the High Court of Justice had performed all the duty of good subjects. For Charles had been designated by the generals who commanded against him, and even by the judges who condemned him, as King. Nothing in the conduct of the Long Parliament had been more severely blamed by the Church than the ingenious device of using the name of Charles against himself. Every one of her ministers had been required to sign a declaration condemning as traitorous the fiction by which the authority of the sovereign had been separated from his person.* Yet this traitorous fiction was now considered by the Primate and by many of his suffragans as the only basis on which they could, in strict conformity with Christian principles, erect a government. The distinction which Sancroft had borrowed from the Roundheads of the preceding generation subverted from the foundation that system of politics which the Church and the Universities pretended to have learned from Saint Paul. The Holy Spirit, it had been a thousand times repeated, had commanded the Romans to be subject to Nero. The meaning of the precept now appeared to be only that the Romans were to call Nero Augustus. They were perfectly at liberty to chase him beyond the Euphrates, to leave him a pensioner on the bounty of the Parthians, to withstand him by force if * See the Act of Uniformity. CHAP. X. 1688. |