The History of England, from the Accession of James the Second - Volume 2 - Thomas Babington Macaulay (best ereader for textbooks txt) 📗

that his own relations shrank from him, and that the Prince of Orange, at the time of the Revolution, was advised not to see him. The character of Street makes it impossible to believe that he would have been more scrupulous than his brethren. The character of James makes it impossible to believe that a refractory Baron of the Exchequer would have been permitted to retain his post. There can be no reasonable doubt that the dissenting Judge was, like the plaintiff and the plaintiff's counsel, acting collusively. It was important that there should be a great preponderance of authority in favour of the dispensing power; yet it was important that the bench, which had been carefully packed for the occasion, should appear to be independent. One Judge, therefore, the least respectable of the twelve, was permitted, or more probably commanded, to give his voice against the prerogative.86

The power which the courts of law had thus recognised was not suffered to lie idle. Within a month after the decision of the King's Bench had been pronounced, four Roman Catholic Lords were sworn of the Privy Council. Two of these, Powis and Bellasyse, were of the moderate party, and probably took their seats with reluctance and with many sad forebodings. The other two, Arundell and Dover, had no such misgivings.87

The dispensing power was, at the same time, employed for the purpose of enabling Roman Catholics to hold ecclesiastical preferment. The new Solicitor readily drew the warrants in which Sawyer had refused to be concerned. One of these warrants was in favour of a wretch named Edward Sclater, who had two livings which he was determined to keep at all costs and through all changes. He administered the sacrament to his parishioners according to the rites of the Church of England on Palm Sunday 1686. On Easter Sunday, only seven days later, he was at mass. The royal dispensation authorised him to retain the emoluments of his benefices. To the remonstrances of the patrons from whom he had received his preferment he replied in terms of insolent defiance, and, while the Roman Catholic cause prospered, put forth an absurd treatise in defence of his apostasy. But, a very few weeks after the Revolution, a great congregation assembled at Saint Mary's in the Savoy, to see him received again into the bosom of the Church which he had deserted. He read his recantation with tears flowing from his eyes, and pronounced a bitter invective against the Popish priests whose arts had seduced him.88

Scarcely less infamous was the conduct of Obadiah Walker. He was an aged priest of the Church of England, and was well known in the University of Oxford as a man of learning. He had in the late reign been suspected of leaning towards Popery, but had outwardly conformed to the established religion, and had at length been chosen Master of University College. Soon after the accession of James, Walker determined to throw off the disguise which he had hitherto worn. He absented himself from the public worship of the Church of England, and, with some fellows and undergraduates whom he had perverted, heard mass daily in his own apartments. One of the first acts performed by the new Solicitor General was to draw up an instrument which authorised Walker and his proselytes to hold their benefices, notwithstanding their apostasy. Builders were immediately employed to turn two sets of rooms into an oratory. In a few weeks the Roman Catholic rites were publicly performed in University College. A Jesuit was quartered there as chaplain. A press was established there under royal license for the printing of Roman Catholic tracts. During two years and a half, Walker continued to make war on Protestantism with all the rancour of a renegade: but when fortune turned he showed that he wanted the courage of a martyr. He was brought to the bar of the House of Commons to answer for his conduct, and was base enough to protest that he had never changed his religion, that he had never cordially approved of the doctrines of the Church of Rome, and that he had never tried to bring any other person within the pale of that Church. It was hardly worth while to violate the most sacred obligations of law and of plighted faith, for the purpose of making such converts as these.89

In a short time the King went a step further. Sclater and Walker had only been permitted to keep, after they became Papists, the preferment which had been bestowed on them while they passed for Protestants. To confer a high office in the Established Church on an avowed enemy of that Church was a far bolder violation of the laws and of the royal word. But no course was too bold for James. The Deanery of Christchurch became vacant. That office was, both in dignity and in emolument, one of the highest in the University of Oxford. The Dean was charged with the government of a greater number of youths of high connections and of great hopes than could then be found in any other college. He was also the head of a Cathedral. In both characters it was necessary that he should be a member of the Church of England. Nevertheless John Massey, who was notoriously a member of the Church of Rome, and who had not one single recommendation, except that he was a member of the Church of Rome, was appointed by virtue of the dispensing power; and soon within the walls of Christchurch an altar was decked, at which mass was daily celebrated.90 To the Nuncio the King said that what had been done at Oxford should very soon be done at Cambridge.91

Yet even this was a small evil compared with that which Protestants had good ground to apprehend. It seemed but too probable that the whole government of the Anglican Church would shortly pass into the hands of her deadly enemies. Three important sees had lately become vacant, that of York, that of Chester, and that of Oxford. The Bishopric of Oxford was given to Samuel Parker, a parasite, whose religion, if he had any religion, was that of Rome, and who called himself a Protestant only because he was encumbered with a wife. "I wished," the King said to Adda, "to appoint an avowed Catholic: but the time is not come. Parker is well inclined to us; he is one of us in feeling; and by degrees he will bring round his clergy."92 The Bishopric of Chester, vacant by the death of John Pearson, a great name both in philology and in divinity, was bestowed on Thomas Cartwright, a still viler sycophant than Parker. The Archbishopric of York remained several years vacant. As no good reason could be found for leaving so important a place unfilled, men suspected that the nomination was delayed only till the King could venture to place the mitre on the head of an avowed Papist. It is indeed highly probable that the Church of England was saved from this outrage by the good sense and good feeling of the Pope. Without a special dispensation from Rome no Jesuit could be a Bishop; and Innocent could not be induced to grant such a dispensation to Petre.

James did not even make any secret of his intention to exert vigorously and systematically for the destruction of the Established Church all the powers which he possessed as her head. He plainly said that, by a wise dispensation of Providence, the Act of Supremacy would be the means of healing the fatal breach which it had caused. Henry and Elizabeth had usurped a dominion which rightfully belonged to the Holy See. That dominion had, in the course of succession, descended to an orthodox prince, and would be held by him in trust for the Holy See. He was authorised by law to repress spiritual abuses; and the first spiritual abuse which he would repress should be the liberty which the Anglican clergy assumed of defending their own religion and of attacking the doctrines of Rome.93

But he was met by a great difficulty. The ecclesiastical supremacy which had devolved on him, was by no means the same great and terrible prerogative which Elizabeth, James the First, and Charles the First had possessed. The enactment which annexed to the crown an almost boundless visitatorial authority over the Church, though it had never been formally repealed, had really lost a great part of its force. The substantive law remained; but it remained unaccompanied by any formidable sanction or by any efficient system of procedure, and was therefore little more than a dead letter.

The statute, which restored to Elizabeth the spiritual dominion assumed by her father and resigned by her sister, contained a clause authorising the sovereign to constitute a tribunal which might investigate, reform, and punish all ecclesiastical delinquencies. Under the authority given by this clause, the Court of High Commission was created. That court was, during many years, the terror of Nonconformists, and, under the harsh administration of Laud, became an object of fear and hatred even to those who most loved the Established Church. When the Long Parliament met, the High Commission was generally regarded as the most grievous of the many grievances under which the nation laboured. An act was therefore somewhat hastily passed, which not only took away from the Crown the power of appointing visitors to superintend the Church, but abolished all ecclesiastical courts without distinction.

After the Restoration, the Cavaliers who filled the House of Commons, zealous as they were for the prerogative, still remembered with bitterness the tyranny of the High Commission, and were by no means disposed to revive an institution so odious. They at the same time thought, and not without reason, that the statute which had swept away all the courts Christian of the realm, without providing any substitute, was open to grave objection. They accordingly repealed that statute, with the exception of the part which related to the High Commission. Thus, the Archidiaconal Courts, the Consistory Courts, the Court of Arches, the Court of Peculiars, and the Court of Delegates were revived: but the enactment by which Elizabeth and her successors had been empowered to appoint Commissioners with visitatorial authority over the Church was not only not revived, but was declared, with the utmost strength of language, to be completely abrogated. It is therefore as clear as any point of constitutional law can be that James the Second was not competent to appoint a Commission with power to visit and govern the Church of England.94 But, if this were so, it was to little purpose that the Act of Supremacy, in high sounding words, empowered him to amend what was amiss in that Church. Nothing but a machinery as stringent as that which the Long Parliament had destroyed could force the Anglican clergy to become his agents for the destruction of the Anglican doctrine and discipline. He therefore, as early as the month of April 1686, determined to create a new Court of High Commission. This design was not immediately executed. It encountered the opposition of every minister who was not devoted to France and to the Jesuits. It was regarded by lawyers as an outrageous violation of the law, and by Churchmen as a direct attack upon the Church. Perhaps the contest might have lasted longer, but for an event which wounded the pride and inflamed the rage of the King. He had, as supreme ordinary, put forth directions, charging the clergy of the establishment to abstain from touching in their discourses on controverted points of doctrine. Thus, while sermons in defence of the Roman Catholic religion were preached on every Sunday and holiday within the precincts of the royal palaces, the Church of the state, the Church of the great majority of the nation, was forbidden to explain and vindicate