Cruelties of
Kirke and
Jeffreys.

King and laughed at by the Court for his military exploits. He left Colonel Kirke in command at Bridgewater. This man had learned, as commander of Tangier, all the worst arts of cruel despotism. His soldiery in bitter pleasantry were called Kirke's "Lambs," from the emblem of their regiment. It is impossible to say how many suffered at the hands of this man and his brutal troops; 100 captives are said by some to have been put to death the week after the battle. But this military revenge did not satisfy the Court. Jeffreys, with four judges, was sent out on the Western Circuit. The death of Lord Guildford enabled the King to hint that the Great Seal would reward his good services. This hope and his natural temper filled him with a ferocity which has given the name of the Bloody Assizes to his cruel circuit. In Dorchester 300 prisoners were tried, 292 sentenced to death, and 74 actually hanged. In Somersetshire 233 prisoners were hanged, drawn and quartered. These sentences were rendered more bitter by the brutal levity of the judge, constantly heightened by drink. Besides those executed, 841 prisoners were transported, which means that they were to be slaves for ten years in the West India Islands. These poor wretches he granted out as presents to courtiers. They were valued at from £10 to £15 apiece. The Queen and the ladies of her Court did not shrink from obtaining a share of them.

Climax of

James breaks

This bloody triumph brought the power of James to its height: the Tories had stood by him, the Whigs had not joined James's power, the insurrection; he felt himself safe. With his large income from Parliament, he fancied he could do without the help of France, concluded an alliance with Holland, and entered into negotiations with Spain. And this he thought he could do without relinquishing his domestic plans-the repeal of the Test Act the Test Act. and of the Habeas Corpus, and the creation of a standing army. On all these points, however, even the subservient and Tory Parliament which he had assembled was likely to oppose him. He began by allowing Roman Catholic officers to hold commissions in the newly-raised regiments, and asserted that, even if he could not get the Act repealed, he would none the less break it. This produced much indignation, which Halifax expressed in the Council, and was therefore dismissed. Halifax was not alone; Danby and his friends were also staunch supporters of the Church. Apprehension was increased by the persecution of Protestants which Louis XIV. was carrying out in France; the general feeling was so strong that, when Parliament again met, an Opposition had been formed.

1 The Edict of Nantes was revoked, Oct. 26, 1685.

1686]

CLIMAX OF JAMES'S POWER

769

crease the army.

In his speech from the throne, James made use of the rebellion to recommend his two favourite projects. "It was plain," he said, "that, to avoid such risings in the future, a standing army was wishes to innecessary, and he hoped that supplies to meet this expense would be granted." At the same time he by no means intended to remove any of those Roman Catholic officers who had served him so faithfully, although disqualified by the Test Act. He thus touched on both points on which the High Tories felt most strongly. The Opposition, headed by Seymour, at once proceeded to oppose the increase of the army; but the first trial of strength between the parties occurred upon the question whether the supplies should be discussed before the Test Act, according to the order in which these points occurred in the King's speech. Every effort was made to secure a majority; but even in the House of Commons, which Opposition in had been chosen by the most unscrupulous exercise of both Lords and power, the Opposition were victorious by one vote. A petition against the infringement of the Test Act was then carried; and, to complete the misfortune of the Government, the supply granted only amounted to half what the King demanded. The Commons would grant no more than £700,000. The Opposition also manifested itself in the House of Lords. Compton, Bishop of London, and Cavendish, Earl of Devonshire, began to act against the Court. In spite of the presence of the King, it became evident that his speech would meet with somewhat the same treatment as it had in the Commons; the King therefore prorogued the Parliament.

Commons.

In his determination to support his own religion, James began to take steps which rapidly alienated from him his firmest James allenates supporters in the Church of England. Although Charles the Church. had declared himself a Roman Catholic upon his deathbed, the step had been taken so quietly and secretly that it was still open to loyal Churchmen to believe that he had died an Anglican. James had found among his private papers a short recapitulation of the chief arguments against Protestantism. This, although the arguments were of the most ordinary description, secmed to James so triumphant a piece of reasoning, that, without caring how much he shocked the feelings of loyal Protestants, he had it published, and was constantly referring to it. In fact, the restoration of the Roman Catholic religion had now become his chief object.

The Court was divided into two parties. At the head of one was Rochester, the brother of James's first wife, a passionate Parties at man, of low morality, but a strong Churchman. Around the Court.

him gathered the party of the English Church, and also the more moderate Catholics, such as Lords Powis and Bellasyse, who, partly from love of civil freedom, partly from fear of the consequences, deprecated hasty measures. In close alliance with this party it is somewhat strange to find the Papal Legate, who was moreover acting in strict accordance with the wishes of the Pope himself. Political interests were for the time paramount at the Court of Rome. In the quarrel then raging between the Jesuits and the Jansenists, Innocent XI. had in some degree adopted the cause of the latter, while Louis XIV. of France was the champion of the Jesuits. The Pope's quarrel with Louis had induced him naturally to seek his allies among the enemies of France. He had connected himself not only with Austria, but with the Protestant Dutch. It would have much strengthened his cause could England have been added to this alliance. But such a step was possible only if James was at one with his Parliament; the Pope therefore strongly deprecated any of those vigorous measures for the restoration of Catholicism which would inevitably cause a breach between James and his people.

Triumph of

Against this party were arrayed a cabal of extreme Catholic partisans, such as the Irishman Talbot, Earl of Tyrconnel; the Jesuit Petre, who represented the interests of that powerful association; and as their chief, Sunderland, anxious at all price to destroy the influence of Rochester and to obtain supreme hold on the Government. The struggle for pre-eminence was sharp. Rochester's party did not disdain to use the influence of Catherine Sedley, the King's mistress; but the religious influence of Petre and the anger of the Queen succeeded in driving her from the Court. From that time Rochester's influence began to decline. Everything showed the triumph of Sunderland's party. The King openly declared that all thought of entering upon an independent foreign policy was over. He prorogued the Parliament till November. He sent a stately embassy, under Castlemaine, prorogued. to Rome, where however it was but coldly received, and when a large subscription was raised for the Huguenot exiles from France, unable to withdraw a royal letter in their favour, he forbade all preaching on the subject, and would not let them touch a penny of the money unless they accepted the Anglican form of worship.

Sunderland and the extreme Catholic party.

Parliament

These measures were but preparatory. He believed himself possessed of two powers which, unless checked by Parliament-which he prorogued a second time-would enable him to do all he wanted in

1686]

DISPENSING POWER ASSERTED

771

England. By the dispensing power he could admit Roman Catholics to all offices; by his position as Head of the Church Dispensing coerce the clergy to obedience. Charles II. had in power asserted, 1672 attempted a general declaration of indulgence. This he had been forced to withdraw, and solemnly to declare illegal. It was not however so clear that the right of dispensing with the action of penal statutes in individual cases was not still part of the prerogative, a sort of exercise beforehand of the royal right of pardon. James determined to get the question settled by law. He therefore discovered the sentiments of the judges, and displaced those whom he found opposed to him. In the same way he found it necessary to turn out of office Finch, the Solicitor-General, and to appoint in his place Thomas Powis, a man of no ability, but likely to Upheld by prove subservient. With counsel and judges thus ready, the Judges. a sham suit was instituted by one of his servants against Sir Edward Hales, a Roman Catholic, and Colonel of a regiment. He sued him for the penalty of £500, to which he was liable for not having received the sacrament in the Church of England for three months. The facts were allowed, and the question of law was tried. The Chief-Justice, Sir Edward Herbert, declared that of the twelve judges eleven thought that the King had the right to dispense with a particular statute on particular cases. It is possible that the one dissentient gave his vote according to order, to give an air of plausibility to the judgment.

benefices
to Roman

The King at once acted with his newly-fortified power. He authorized Roman Catholics to hold ecclesiastical benefices. Used to give Obadiah Walker retained the Mastership of University College, Oxford, and the College became in fact a Roman Catholics. Catholic seminary, where a printing-press and chapel were established. More important than this, the Deanery of Christ Church, not only a University but a Cathedral office, was given to Massey, a Roman Catholic, and two of three Sees vacant at that time were given, if not to avowed, yet to concealed Catholics. James's power as Supreme Head of the Church was checked by his want of coercive machinery. He therefore proceeded to re-establish the High CommisCourt of High Commission, at the head of which he put established. the infamous Jeffreys, and by aid of which he at once 1686. proceeded to suspend Compton, Bishop of London, because he had refused to prevent one Sharp from preaching against the Roman Catholics. Not content with these illegal acts, James further excited the anger of the inhabitants of London, till they broke out into open riot, by exhibiting before their eyes all the paraphernalia of the

PER MON.

sion Court

2 d

Permanent army at Hounslow.

Roman religion. He used this riot as an excuse for forwarding his other great plan, and formed a permanent encampment of regular troops upon Hounslow Heath. Similar action had also produced much discontent in Scotland. Similar action The Earl of Perth, the Chancellor, and his brother Lord in Scotland, Melfort, the Secretary of State, having apostatized to the Roman Church, secured the fall of Queensberry, the Lord-Treasurer, and were attempting to remove the disabilities of Catholics, while continuing the persecution of the Covenanters. They hoped the Estates would support them, but although general toleration might have been carried, support of the Roman Catholics alone found no favour. The Lords of the Articles, themselves named by the Crown, refused to propose such a measure. Even a very much softened Act, allowing Roman Catholics private worship, was thrown out. The Parliament, therefore, like the English Assembly, was prorogued, and arbitrary government in fact established. The King filled up on his own authority municipal offices, and annulled all Acts against Papists.

and in Ireland.

First Act of Settlement, 1652.

In Ireland the same work was going on; but there the circumstances were different. For in that country there was an indissoluble connection between the interests of religion and of race, so that any attempt to replace the Catholics in a position of supremacy or even of equality was in fact to destroy the predominance of the English race, which had been secured by the Act of Settlement. The settlement of Ireland, begun by Cromwell in person, was completed under his influence by Ireton and Fleetwood, his sons-in-law. The measures taken had been of the severest description, and aimed at the thorough subjugation of the island, not only in the interests of Protestantism, but in those of the Commonwealth and of England. A certain number, about 200, of the insurgents of 1641 were executed; all officers in the late Catholic army were banished, each chief taking with him a certain number of men, so that between 30,000 and 40,000 of the Catholic population withdrew to the Continent, and took service with foreign powers. The Royalists and Catholics were then arranged in classes, and their property confiscated in various proportions, according to the degree in which they had been implicated with the Catholic confederates of Kilkenny. All the larger Catholic landowners were thus deprived of from one to two thirds of their estates. They were not even allowed to keep the residue of their old estates, but obliged to accept an equivalent in