Death of Charles II
Suspicions of Poison
Speech of James II. to the Privy Council
State of the Administration
Sir George Jeffreys
The Revenue collected without an Act of Parliament
THE death of King Charles the Second took the nation by surprise. His frame was naturally strong, and did not appear to have suffered from excess. He had always been mindful of his health even in his pleasures; and his habits were such as promise a long life and a robust old age. Indolent as he was on all occasions which required tension of the mind, he was active and persevering in bodily exercise. He had, when young, been renowned as a tennis player,(208) and was, even in the decline of life, an indefatigable walker. His ordinary pace was such that those who were admitted to the honour of his society found it difficult to keep up with him. He rose early, and generally passed three or four hours a day in the open air. He might be seen, before the dew was off the grass in St. James's Park, striding among the trees, playing with his spaniels, and flinging corn to his ducks; and these exhibitions endeared him to the common people, who always love to See the great unbend.(209)
At length, towards the close of the year 1684, he was prevented, by a slight attack of what was supposed to be gout, from rambling as usual. He now spent his mornings in his laboratory, where he amused himself with experiments on the properties of mercury. His temper seemed to have suffered from confinement. He had no apparent cause for disquiet. His kingdom was tranquil: he was not in pressing want of money: his power was greater than it had ever been: the party which had long thwarted him had been beaten down; but the cheerfulness which had supported him against adverse fortune had vanished in this season of prosperity. A trifle now sufficed to depress those elastic spirits which had borne up against defeat, exile, and penury. His irritation frequently showed itself by looks and words such as could hardly have been expected from a man so eminently distinguished by good humour and good breeding. It was not supposed however that his constitution was seriously impaired.(210)
His palace had seldom presented a gayer or a more scandalous appearance than on the evening of Sunday the first of February 1685.(211) Some grave persons who had gone thither, after the fashion of that age, to pay their duty to their sovereign, and who had expected that, on such a day, his court would wear a decent aspect, were struck with astonishment and horror. The great gallery of Whitehall, an admirable relic of the magnificence of the Tudors, was crowded with revellers and gamblers. The king sate there chatting and toying with three women, whose charms were the boast, and whose vices were the disgrace, of three nations. Barbara Palmer, Duchess of Cleveland, was there, no longer young, but still retaining some traces of that superb and voluptuous loveliness which twenty years before overcame the hearts of all men. There too was the Duchess of Portsmouth, whose soft and infantine features were lighted up with the vivacity of France. Hortensia Mancini, Duchess of Mazarin, and niece of the great Cardinal, completed the group. She had been early removed from her native Italy to the court where her uncle was supreme. His power and her own attractions had drawn a crowd of illustrious suitors round her. Charles himself, during his exile, had sought her hand in vain. No gift of nature or of fortune seemed to be wanting to her. Her face was beautiful with the rich beauty of the South, her understanding quick, her manners graceful, her rank exalted, her possessions immense; but her ungovernable passions had turned all these blessings into curses. She had found the misery of an ill assorted marriage intolerable, had fled from her husband, had abandoned her vast wealth, and, after having astonished Rome and Piedmont by her adventures, had fixed her abode in England. Her house was the favourite resort of men of wit and pleasure, who, for the sake of her smiles and her table, endured her frequent fits of insolence and ill humour. Rochester and Godolphin sometimes forgot the cares of state in her company. Barillon and Saint Evremond found in her drawing room consolation for their long banishment from Paris. The learning of Vossius, the wit of Waller, were daily employed to flatter and amuse her. But her diseased mind required stronger stimulants, and sought them in gallantry, in basset, and in usquebaugh.(212) While Charles flirted with his three sultanas, Hortensia's French page, a handsome boy, whose vocal performances were the delight of Whitehall, and were rewarded by numerous presents of rich clothes, ponies, and guineas, warbled some amorous verses.(213) A party of twenty courtiers was seated at cards round a large table on which gold was heaped in mountains.(214) Even then the King had complained that he did not feel quite well. He had no appetite for his supper: his rest that night was broken; but on the following morning he rose, as usual, early.
To that morning the contending factions in his council had, during some days, looked forward with anxiety. The struggle between Halifax and Rochester seemed to be approaching a decisive crisis. Halifax, not content with having already driven his rival from the Board of Treasury, had undertaken to prove him guilty of such dishonesty or neglect in the conduct of the finances as ought to be punished by dismission from the public service. It was even whispered that the Lord President would probably be sent to the Tower. The King had promised to enquire into the matter. The second of February had been fixed for the investigation; and several officers of the revenue had been ordered to attend with their books on that day.(215) But a great turn of fortune was at hand.
Scarcely had Charles risen from his bed when his attendants perceived that his utterance was indistinct, and that his thoughts seemed to be wandering. Several men of rank had, as usual, assembled to see their sovereign shaved and dressed. He made an effort to converse with them in his usual gay style; but his ghastly look surprised and alarmed them. Soon his face grew black; his eyes turned in his head; he uttered a cry, staggered, and fell into the arms of one of his lords. A physician who had charge of the royal retorts and crucibles happened to be present. He had no lances; but he opened a vein with a penknife. The blood flowed freely; but the King was still insensible.
He was laid on his bed, where, during a short time, the Duchess of Portsmouth hung over him with the familiarity of a wife. But the alarm had been given. The Queen and the Duchess of York were hastening to the room. The favourite concubine was forced to retire to her own apartments. Those apartments had been thrice pulled down and thrice rebuilt by her lover to gratify her caprice. The very furniture of the chimney was massy silver. Several fine paintings, which properly belonged to the Queen, had been transferred to the dwelling of the mistress. The sideboards were piled with richly wrought plate. In the niches stood cabinets, the masterpieces of Japanese art. On the hangings, fresh from the looms of Paris, were depicted, in tints which no English tapestry could rival, birds of gorgeous plumage, landscapes, hunting matches, the lordly terrace of Saint Germains, the statues and fountains of Versailles.(216) In the midst of this splendour, purchased by guilt and shame, the unhappy woman gave herself up to an agony of grief, which, to do her justice, was not wholly selfish.
And now the gates of Whitehall, which ordinarily stood open to all comers, were closed. But persons whose faces were known were still permitted to enter. The antechambers and galleries were soon filled to overflowing; and even the sick room was crowded with peers, privy councillors, and foreign ministers. All the medical men of note in London were summoned. So high did political animosities run that the presence of some Whig physicians was regarded as an extraordinary circumstance.(217) One Roman Catholic, whose skill was then widely renowned, Doctor Thomas Short, was in attendance. Several of the prescriptions have been preserved. One of them is signed by fourteen Doctors. The patient was bled largely. Hot iron was applied to his head. A loathsome volatile salt, extracted from human skulls, was forced into his mouth. He recovered his senses; but he was evidently in a situation of extreme danger.
The Queen was for a time assiduous in her attendance. The Duke of York scarcely left his brother's bedside. The Primate and four other bishops were then in London. They remained at Whitehall all day, and took it by turns to sit up at night in the King's room. The news of his illness filled the capital with sorrow and dismay. For his easy temper and affable manners had won the affection of a large part of the nation; and those who most disliked him preferred his unprincipled levity to the stern and earnest bigotry of his brother.
On the morning of Thursday the fifth of February, the London Gazette announced that His Majesty was going on well, and was thought by the physicians to be out of danger. The bells of all the churches rang merrily; and preparations for bonfires were made in the streets. But in the evening it was known that a relapse had taken place, and that the medical attendants had given up all hope. The public mind was greatly disturbed; but there was no disposition to tumult. The Duke of York, who had already taken on himself to give orders, ascertained that the City was perfectly quiet, and that he might without difficulty be proclaimed as soon as his brother should expire.
The King was in great pain, and complained that he felt as if a fire was burning within him. Yet he bore up against his sufferings with a fortitude which did not seem to belong to his soft and luxurious nature. The sight of his misery affected his wife so much that she fainted, and was carried senseless to her chamber. The prelates who were in waiting had from the first exhorted him to prepare for his end. They now thought it their duty to address him in a still more urgent manner. William Sancroft, Archbishop of Canterbury, an honest and pious, though narrowminded, man, used great freedom. "It is time,' he said, "to speak out; for, Sir, you are about to appear before a Judge who is no respecter of persons." The King answered not a word.
Thomas Ken, Bishop of Bath and Wells, then tried his powers of persuasion. He was a man of parts and learning, of quick sensibility and stainless virtue. His elaborate works have long been forgotten; but his morning and evening hymns are still repeated daily in thousands of dwellings. Though, like most of his order, zealous for monarchy, he was no sycophant. Before he became a Bishop, he had maintained the honour of his gown by refusing, when the court was at Winchester, to let Eleanor Gwynn lodge in the house which he occupied there as a prebendary.(218) The King had sense enough to respect so manly a spirit. Of all the prelates he liked Ken the best. It was to no purpose, however, that the good Bishop now put forth all his eloquence. His solemn and pathetic exhortation awed and melted the bystanders to such a degree that some among them believed him to be filled with the same spirit which, in the old time, had, by the mouths of Nathan and Elias, called sinful princes to repentance. Charles however was unmoved. He made no objection indeed when the service for the visitation of the sick was read. In reply to the pressing questions of the divines, he said that he was sorry for what he had done amiss; and he suffered the absolution to be pronounced over him according to the forms of the Church of England: but, when he was urged to declare that he died in the communion of that Church, he seemed not to hear what was said; and nothing could induce him to take the Eucharist from the hands of the Bishops. A table with bread and wine was brought to his bedside, but in vain. Sometimes he said that there was no hurry, and sometimes that he was too weak.
Many attributed this apathy to contempt for divine things, and many to the stupor which often precedes death. But there were in the palace a few persons who knew better. Charles had never been a sincere member of the Established Church. His mind had long oscillated between Hobbism and Popery. When his health was good and his spirits high he was a scoffer. In his few serious moments he was a Roman Catholic. The Duke of York was aware of this, but was entirely occupied with the care of his own interests. He had ordered the outports to be closed. He had posted detachments of the Guards in different parts of the city. He had also procured the feeble signature of the dying King to an instrument by which some duties, granted only till the demise of the Crown, were let to farm for a term of three years. These things occupied the attention of James to such a degree that, though, on ordinary occasions, he was indiscreetly and unseasonably eager to bring over proselytes to his Church, he never reflected that his brother was in danger of dying without the last sacraments. This neglect was the more extraordinary because the Duchess of York had, at the request of the Queen, suggested, on the morning on which the King was taken ill, the propriety of procuring spiritual assistance. For such assistance Charles was at last indebted to an agency very different from that of his pious wife and sister-in-law. A life of frivolty and vice had not extinguished in the Duchess of Portsmouth all sentiments of religion, or all that kindness which is the glory of her sex. The French ambassador Barillon, who had come to the palace to enquire after the King, paid her a visit. He found her in an agony of sorrow. She took him into a secret room, and poured out her whole heart to him. "I have," she said, "a thing of great moment to tell you. If it were known, my head would be in danger. The King is really and truly a Catholic; but he will die without being reconciled to the Church. His bedchamber is full of Protestant clergymen. I cannot enter it without giving scandal. The Duke is thinking only of himself. Speak to him. Remind him that there is a soul at stake. He is master now. He can clear the room. Go this instant, or it will be too late."
Barillon hastened to the bedchamber, took the Duke aside, and delivered the message of the mistress. The conscience of James smote him. He started as if roused from sleep, and declared that nothing should prevent him from discharging the sacred duty which had been too long delayed. Several schemes were discussed and rejected. At last the Duke commanded the crowd to stand aloof, went to the bed, stooped down, and whispered something which none of the spectators could hear, but which they supposed to be some question about affairs of state. Charles answered in an audible voice, "Yes, yes, with all my heart." None of the bystanders, except the French Ambassador, guessed that the King was declaring his wish to be admitted into the bosom of the Church of Rome.
"Shall I bring a priest?" said the Duke. "Do, brother," replied the sick man. "For God's sake do, and lose no time. But no; you will get into trouble." "If it costs me my life," said the Duke, "I will fetch a priest."
To find a priest, however, for such a purpose, at a moment's notice, was not easy. For, as the law then stood, the person who admitted a proselyte into the Roman Catholic Church was guilty of a capital crime. The Count of Castel Melhor, a Portuguese nobleman, who, driven by political troubles from his native land, had been hospitably received at the English court, undertook to procure a confessor. He had recourse to his countrymen who belonged to the Queen's household; but he found that none of her chaplains knew English or French enough to shrive the King. The Duke and Barillon were about to send to the Venetian Minister for a clergyman when they heard that a Benedictine monk, named John Huddleston, happened to be at Whitehall. This man had, with great risk to himself, saved the King's life after the battle of Worcester, and had, on that account, been, ever since the Restoration, a privileged person. In the sharpest proclamations which had been put forth against Popish priests, when false witnesses had inflamed the nation to fury, Huddleston had been excepted by name.(219) He readily consented to put his life a second time in peril for his prince; but there was still a difficulty. The honest monk was so illiterate that he did not know what he ought to say on an occasion of such importance. He however obtained some hints, through the intervention of Castel Melhor, from a Portuguese ecclesiastic, and, thus instructed, was brought up the back stairs by Chiffinch, a confidential servant, who, if the satires of that age are to be credited, had often introduced visitors of a very different description by the same entrance. The Duke then, in the King's name, commanded all who were present to quit the room, except Lewis Duras, Earl of Feversham, and John Granville, Earl of Bath. Both these Lords professed the Protestant religion; but James conceived that he could count on their fidelity. Feversham, a Frenchman of noble birth, and nephew of the great Turenne, held high rank in the English army, and was Chamberlain to the Queen. Bath was Groom of the Stole.
The Duke's orders were obeyed; and even the physicians withdrew. The back door was then opened; and Father Huddleston entered. A cloak had been thrown over his sacred vestments; and his shaven crown was concealed by a flowing wig. "Sir," said the Duke, "this good man once saved your life. He now comes to save your soul." Charles faintly answered, "He is welcome." Huddleston went through his part better than had been expected. He knelt by the bed, listened to the confession, pronounced the absolution, and administered extreme unction. He asked if the King wished to receive the Lord's supper. "Surely," said Charles, "if I am not unworthy." The host was brought in. Charles feebly strove to rise and kneel before it. The priest made him lie still, and assured him that God would accept the humiliation of the soul, and would not require the humiliation of the body. The King found so much difficulty in swallowing the bread that it was necessary to open the door and procure a glass of water. This rite ended, the monk held up a crucifix before the penitent, charged him to fix his last thoughts on the sufferings of the Redeemer, and withdrew. The whole ceremony had occupied about three quarters of an hour; and, during that time, the courtiers who filled the outer room had communicated their suspicions to each other by whispers and significant glances. The door was at length thrown open, and the crowd again filled the chamber of death.
It was now late in the evening. The King seemed much relieved by what had passed. His natural children were brought to his bedside, the Dukes of Grafton, Southampton, and Northumberland, sons of the Duchess of Cleveland, the Duke of Saint Albans, son of Eleanor Gwynn, and the Duke of Richmond, son of the Duchess of Portsmouth. Charles blessed them all, but spoke with peculiar tenderness to Richmond. One face which should have been there was wanting. The eldest and best loved child was an exile and a wanderer. His name was not once mentioned by his father.
During the night Charles earnestly recommended the Duchess of Portsmouth and her boy to the care of James; "And do not," he good-naturedly added, "let poor Nelly starve." The Queen sent excuses for her absence by Halifax. She said that she was too much disordered to resume her post by the couch, and implored pardon for any offence which she might unwittingly have given. "She ask my pardon, poor woman!" cried Charles; "I ask hers with all my heart."
The morning light began to peep through the windows of Whitehall; and Charles desired the attendants to pull aside the curtains, that he might have one more look at the day. He remarked that it was time to wind up a clock which stood near his bed. These little circumstances were long remembered because they proved beyond dispute that, when he declared himself a Roman Catholic, he was in full possession of his faculties. He apologised to those who had stood round him all night for the trouble which he had caused. He had been, he said, a most unconscionable time dying; but he hoped that they would excuse it. This was the last glimpse of the exquisite urbanity, so often found potent to charm away the resentment of a justly incensed nation. Soon after dawn the speech of the dying man failed. Before ten his senses were gone. Great numbers had repaired to the churches at the hour of morning service. When the prayer for the King was read, loud groans and sobs showed how deeply his people felt for him. At noon on Friday, the sixth of February, he passed away without a struggle.(220)
At that time the common people throughout Europe, and nowhere more than in England, were in the habit of attributing the death of princes, especially when the prince was popular and the death unexpected, to the foulest and darkest kind of assassination. Thus James the First had been accused of poisoning Prince Henry. Thus Charles the First had been accused of poisoning James the First. Thus when, in the time of the Commonwealth, the Princess Elizabeth died at Carisbrook, it was loudly asserted that Cromwell had stooped to the senseless and dastardly wickedness of mixing noxious drugs with the food of a young girl whom he had no conceivable motive to injure.(221) A few years later, the rapid decomposition of Cromwell's own corpse was ascribed by many to a deadly potion administered in his medicine. The death of Charles the Second could scarcely fail to occasion similar rumours. The public ear had been repeatedly abused by stories of Popish plots against his life. There was, therefore, in many minds, a strong predisposition to suspicion; and there were some unlucky circumstances which, to minds so predisposed, might seem to indicate that a crime had been perpetrated. The fourteen Doctors who deliberated on the King's case contradicted each other and themselves. Some of them thought that his fit was epileptic, and that he should be suffered to have his doze out. The majority pronounced him apoplectic, and tortured him during some hours like an Indian at a stake. Then it was determined to call his complaint a fever, and to administer doses of bark. One physician, however, protested against this course, and assured the Queen that his brethren would kill the King among them. Nothing better than dissension and vacillation could be expected from such a multitude of advisers. But many of the vulgar not unnaturally concluded, from the perplexity of the great masters of the healing art, that the malady had some extraordinary origin. There is reason to believe that a horrible suspicion did actually cross the mind of Short, who, though skilful in his profession, seems to have been a nervous and fanciful man, and whose perceptions were probably confused by dread of the odious imputations to which he, as a Roman Catholic, was peculiarly exposed. We cannot, therefore, wonder that wild stories without number were repeated and believed by the common people. His Majesty's tongue had swelled to the size of a neat's tongue. A cake of deleterious powder had been found in his brain. There were blue spots on his breast, There were black spots on his shoulder. Something had been, put in his snuff-box. Something had been put into his broth. Something had been put into his favourite dish of eggs and ambergrease. The Duchess of Portsmouth had poisoned him in a cup of chocolate. The Queen had poisoned him in a jar of dried pears. Such tales ought to be preserved; for they furnish us with a measure of the intelligence and virtue of the generation which eagerly devoured them. That no rumour of the same kind has ever, in the present age, found credit among us, even when lives on which great interest depended have been terminated by unforeseen attacks of disease, is to be attributed partly to the progress of medical and chemical science, but partly also, it may be hoped, to the progress which the nation has made in good sense, justice, and humanity.(222)
Speech of James II. to the Privy Council
When all was over, James retired from the bedside to his closet, where, during a quarter of an hour, he remained alone. Meanwhile the Privy Councillors who were in the palace assembled. The new King came forth, and took his place at the head of the board. He commenced his administration, according to usage, by a speech to the Council. He expressed his regret for the loss which he had just sustained, and he promised to imitate the singular lenity which had distinguished the late reign. He was aware, he said, that he had been accused of a fondness for arbitrary power. But that was not the only falsehood which had been told of him. He was resolved to maintain the established government both in Church and State. The Church of England he knew to be eminently loyal. It should therefore always be his care to support and defend her. The laws of England, he also knew, were sufficient to make him as great a King as he could wish to be. He would not relinquish his own rights; but he would respect the rights of others. He had formerly risked his life in defense of his country; and he would still go as far as any man in support of her just liberties.
This speech was not, like modern speeches on similar occasions, carefully prepared by the advisers of the sovereign. It was the extemporaneous expression of the new King's feelings at a moment of great excitement. The members of the Council broke forth into clamours of delight and gratitude. The Lord President, Rochester, in the name of his brethren, expressed a hope that His Majesty's most welcome declaration would be made public. The Solicitor General, Heneage Finch, offered to act as clerk. He was a zealous churchman, and, as such, was naturally desirous that there should be some permanent record of the gracious promises which had just been uttered. "Those promises," he said, "have made so deep an impression on me that I can repeat them word for word." He soon produced his report. James read it, approved of it, and ordered it to be published. At a later period he said that he had taken this step without due consideration, that his unpremeditated expressions touching the Church of England were too strong, and that Finch had, with a dexterity which at the time escaped notice, made them still stronger.(223)
The King had been exhausted by long watching and by many violent emotions. He now retired to rest. The Privy Councillors, having respectfully accompanied him to his bedchamber, returned to their seats, and issued orders for the ceremony of proclamation. The Guards were under arms; the heralds appeared in their gorgeous coats; and the pageant proceeded without any obstruction. Casks of wine were broken up in the streets, and all who passed were invited to drink to the health of the new sovereign. But, though an occasional shout was raised, the people were not in a joyous mood. Tears were seen in many eyes; and it was remarked that there was scarcely a housemaid in London who had not contrived to procure some fragment of black crepe in honour of King Charles.(224)
The funeral called forth much censure. It would, indeed, hardly have been accounted worthy of a noble and opulent subject. The Tories gently blamed the new King's parsimony: the Whigs sneered at his want of natural affection; and the fiery Covenanters of Scotland exultingly proclaimed that the curse denounced of old against wicked princes had been signally fulfilled, and that the departed tyrant had been buried with the burial of an ass.(225)
Yet James commenced his administration with a large measure of public good will. His speech to the Council appeared in print, and the impression which it produced was highly favourable to him. This, then, was the prince whom a faction had driven into exile and had tried to rob of his birthright, on the ground that he was a deadly enemy to the religion and laws of England. He had triumphed: he was on the throne; and his first act was to declare that he would defend the Church, and would strictly respect the rights of his people. The estimate which all parties had formed of his character, added weight to every word that fell from him. The Whigs called him haughty, implacable, obstinate, regardless of public opinion. The Tories, while they extolled his princely virtues, had often lamented his neglect of the arts which conciliate popularity. Satire itself had never represented him as a man likely to court public favour by professing what he did not feel, and by promising what he had no intention of performing. On the Sunday which followed his accession, his speech was quoted in many pulpits. "We have now for our Church," cried one loyal preacher, "the word of a King, and of a King who was never worse than his word." This pointed sentence was fast circulated through town and country, and was soon the watchword of the whole Tory party.(226)
State of the Administration
The great offices of state had become vacant by the demise of the crown and it was necessary for James to determine how they should be filled. Few of the members of the late cabinet had any reason to expect his favour. Sunderland, who was Secretary of State, and Godolphin, who was First Lord of the Treasury, had supported the Exclusion Bill. Halifax, who held the Privy Seal, had opposed that bill with unrivalled powers of argument and eloquence. But Halifax was the mortal enemy of despotism and of Popery. He saw with dread the progress of the French arms on the Continent and the influence of French gold in the counsels of England. Had his advice been followed, the laws would have been strictly observed: clemency would have been extended to the vanquished Whigs: the Parliament would have been convoked in due season: an attempt would have been made to reconcile our domestic factions; and the principles of the Triple Alliance would again have guided our foreign policy. He had therefore incurred the bitter animosity of James. The Lord Keeper Guildford could hardly be said to belong to either of the parties into which the court was divided. He could by no means be called a friend of liberty; and yet he had so great a reverence for the letter of the law that he was not a serviceable tool of arbitrary power. He was accordingly designated by the vehement Tories as a Trimmer, and was to James an object of aversion with which contempt was largely mingled. Ormond, who was Lord Steward of the Household and Viceroy of Ireland, then resided at Dublin. His claims on the royal gratitude were superior to those of any other subject. He had fought bravely for Charles the First: he had shared the exile of Charles the Second; and, since the Restoration, he had, in spite of many provocations, kept his loyalty unstained. Though he had been disgraced during the predominance of the Cabal, he had never gone into factious opposition, and had, in the days of the Popish Plot and the Exclusion Bill, been foremost among the supporters of the throne. He was now old, and had been recently tried by the most cruel of all calamities. He had followed to the grave a son who should have been his own chief mourner, the gallant Ossory. The eminent services, the venerable age, and the domestic misfortunes of Ormond made him an object of general interest to the nation. The Cavaliers regarded him as, both by right of seniority and by right of merit, their head; and the Whigs knew that, faithful as he had always been to the cause of monarchy, he was no friend either to Popery or to arbitrary power. But, high as he stood in the public estimation, he had little favor to expect from his new master. James, indeed, while still a subject, had urged his brother to make a complete change in the Irish administration. Charles had assented; and it had been arranged that, in a few months, there should be a new Lord Lieutenant.(227)
Rochester was the only member of the cabinet who stood high in the favour of the King. The general expectation was that he would be immediately placed at the head of affairs, and that all the other great officers of the state would be changed. This expectation proved to be well founded in part only. Rochester was declared Lord Treasurer, and thus became prime minister. Neither a Lord High Admiral nor a Board of Admiralty was appointed. The new King, who loved the details of naval business, and would have made a respectable clerk in a dockyard at Chatham, determined to be his own minister of marine. Under him the management of that important department was confided to Samuel Pepys, whose library and diary have kept his name fresh to our time. No servant of the late sovereign was publicly disgraced. Sunderland exerted so much art and address, employed so many intercessors, and was in possession of so many secrets, that he was suffered to retain his seals. Godolphin's obsequiousness, industry, experience and taciturnity, could ill be spared. As he was no longer wanted at the Treasury, he was made Chamberlain to the Queen. With these three Lords the King took counsel on all important questions. As to Halifax, Ormond, and Guildford, he determined not yet to dismiss them, but merely to humble and annoy them.
Halifax was told that he must give up the Privy seal and accept the Presidency of the Council. He submitted with extreme reluctance. For, though the President of the Council had always taken precedence of the Lord Privy Seal, the Lord Privy Seal was, in that age a much more important officer than the Lord President. Rochester had not forgotten the jest which had been made a few months before on his own removal from the Treasury, and enjoyed in his turn the pleasure of kicking his rival up stairs. The Privy Seal was delivered to Rochester's elder brother, Henry Earl of Clarendon.
To Barillon James expressed the strongest dislike of Halifax. "I know him well, I never can trust him. He shall have no share in the management of public business. As to the place which I have given him, it will just serve to show how little influence he has." But to Halifax it was thought convenient to hold a very different language. "All the past is forgotten," said the King, "except the service which you did me in the debate on the Exclusion Bill." This speech has often been cited to prove that James was not so vindictive as he had been called by his enemies. It seems rather to prove that he by no means deserved the praises which have been bestowed on his sincerity by his friends.(228)
Ormond was politely informed that his services were no longer needed in Ireland, and was invited to repair to Whitehall, and to perform the functions of Lord Steward. He dutifully submitted, but did not affect to deny that the new arrangement wounded his feelings deeply. On the eve of his departure he gave a magnificent banquet at Kilmainham Hospital, then just completed, to the officers of the garrison of Dublin. After dinner he rose, filled a goblet to the brim with wine, and, holding it up, asked whether he had spilt one drop. "No, gentlemen; whatever the courtiers may say, I am not yet sunk into dotage. My hand does not fail me yet: and my hand is not steadier than my heart. To the health of King James!" Such was the last farewell of Ormond to Ireland. He left the administration in the hands of Lords Justices, and repaired to London, where he was received with unusual marks of public respect. Many persons of rank went forth to meet him on the road. A long train of eguipages followed him into Saint James's Square, where his mansion stood; and the Square was thronged by a multitude which greeted him with loud acclamations.(229)
Sir George Jeffreys
The Great Seal was left in Guildford's custody; but a marked indignity was at the same time offered to him. It was determined that another lawyer of more vigour and audacity should be called to assist in the administration. The person selected was Sir George Jeffreys, Chief Justice of the Court of King's Bench. The depravity of this man has passed into a proverb. Both the great English parties have attacked his memory with emulous violence: for the Whigs considered him as their most barbarous enemy; and the Tories found it convenient to throw on him the blame of all the crimes which had sullied their triumph. A diligent and candid enquiry will show that some frightful stories which have been told concerning him are false or exaggerated. Yet the dispassionate historian will be able to make very little deduction from the vast mass of infamy with which the memory of the wicked judge has been loaded.
He was a man of quick and vigorous parts, but constitutionally prone to insolence and to the angry passions. When just emerging from boyhood he had risen into practice at the Old Bailey bar, a bar where advocates have always used a license of tongue unknown in Westminster Hall. Here, during many years his chief business was to examine and crossexamine the most hardened miscreants of a great capital. Daily conflicts with prostitutes and thieves called out and exercised his powers so effectually that he became the most consummate bully ever known in his profession. Tenderness for others and respect for himself were feelings alike unknown to him. He acquired a boundless command of the rhetoric in which the vulgar express hatred and contempt. The profusion of maledictions and vituperative epithets which composed his vocabulary could hardly have been rivalled in the fishmarket or the beargarden. His countenance and his voice must always have been unamiable. But these natural advantages,--for such he seems to have thought them,--he had improved to such a degree that there were few who, in his paroxysms of rage, could see or hear him without emotion. Impudence and ferocity sate upon his brow. The glare of his eyes had a fascination for the unhappy victim on whom they were fixed. Yet his brow and his eye were less terrible than the savage lines of his mouth. His yell of fury, as was said by one who had often heard it, sounded like the thunder of the judgment day. These qualifications he carried, while still a young man, from the bar to the bench. He early became Common Serjeant, and then Recorder of London. As a judge at the City sessions he exhibited the same propensities which afterwards, in a higher post, gained for him an unenviable immortality. Already might be remarked in him the most odious vice which is incident to human nature, a delight in misery merely as misery. There was a fiendish exultation in the way in which he pronounced sentence on offenders. Their weeping and imploring seemed to titillate him voluptuously; and he loved to scare them into fits by dilating with luxuriant amplification on all the details of what they were to suffer. Thus, when he had an opportunity of ordering an unlucky adventuress to be whipped at the cart's tail, "Hangman," he would exclaim, "I charge you to pay particular attention to this lady! Scourge her soundly man! Scourge her till the blood runs down! It is Christmas, a cold time for Madam to strip in! See that you warm her shoulders thoroughly!"(230) He was hardly less facetious when he passed judgment on poor Lodowick Muggleton, the drunken tailor who fancied himself a prophet. "Impudent rogue!" roared Jeffreys, "thou shalt have an easy, easy, easy punishment!" One part of this easy punishment was the pillory, in which the wretched fanatic was almost killed with brickbats.(231)
By this time the heart of Jeffreys had been hardened to that temper which tyrants require in their worst implements. He had hitherto looked for professional advancement to the corporation of London. He had therefore professed himself a Roundhead, and had always appeared to be in a higher state of exhilaration when he explained to Popish priests that they were to be cut down alive, and were to see their own bowels burned, than when he passed ordinary sentences of death. But, as soon as he had got all that the city could give, he made haste to sell his forehead of brass and his tongue of venom to the Court. Chiffinch, who was accustomed to act as broker in infamous contracts of more than one kind, lent his aid. He had conducted many amorous and many political intrigues; but he assuredly never rendered a more scandalous service to his masters than when he introduced Jeffreys to Whitehall. The renegade soon found a patron in the obdurate and revengeful James, but was always regarded with scorn and disgust by Charles, whose faults, great as they were, had no affinity with insolence and cruelty. "That man," said the King, "has no learning, no sense, no manners, and more impudence than ten carted street-walkers."(232) Work was to be done, however, which could be trusted to no man who reverenced law or was sensible of shame; and thus Jeffreys, at an age at which a barrister thinks himself fortunate if he is employed to conduct an important cause, was made Chief Justice of the King's Bench.
His enemies could not deny that he possessed some of the qualities of a great judge. His legal knowledge, indeed, was merely such as he had picked up in practice of no very high kind. But he had one of those happily constituted intellects which, across labyrinths of sophistry, and through masses of immaterial facts, go straight to the true point. Of his intellect, however, he seldom had the full use. Even in civil causes his malevolent and despotic temper perpetually disordered his judgment. To enter his court was to enter the den of a wild beast, which none could tame, and which was as likely to be roused to rage by caresses as by attacks. He frequently poured forth on plaintiffs and defendants, barristers and attorneys, witnesses and jurymen, torrents of frantic abuse, intermixed with oaths and curses. His looks and tones had inspired terror when he was merely a young advocate struggling into practice. Now that he was at the head of the most formidable tribunal in the realm, there were few indeed who did not tremble before him. Even when he was sober, his violence was sufficiently frightful. But in general his reason was overclouded and his evil passions stimulated by the fumes of intoxication. His evenings were ordinarily given to revelry. People who saw him only over his bottle would have supposed him to be a man gross indeed, sottish, and addicted to low company and low merriment, but social and goodhumoured. He was constantly surrounded on such occasions by buffoons selected, for the most part, from among the vilest pettifoggers who practiced before him. These men bantered and abused each other for his entertainment. He joined in their ribald talk, sang catches with them, and, when his head grew hot, hugged and kissed them in an ecstasy of drunken fondness. But though wine at first seemed to soften his heart, the effect a few hours later was very different. He often came to the judgment seat, having kept the court waiting long, and yet having but half slept off his debauch, his cheeks on fire, his eyes staring like those of a maniac. When he was in this state, his boon companions of the preceding night, if they were wise, kept out of his way: for the recollection of the familiarity to which he had admitted them inflamed his malignity; and he was sure to take every opportunity of overwhelming them with execration and invective. Not the least odious of his many odious peculiarities was the pleasure which he took in publicly browbeating and mortifying those whom, in his fits of maudlin tenderness, he had encouraged to presume on his favour.
The services which the government had expected from him were performed, not merely without flinching, but eagerly and triumphantly. His first exploit was the judicial murder of Algernon Sidney. What followed was in perfect harmony with this beginning. Respectable Tories lamented the disgrace which the barbarity and indecency of so great a functionary brought upon the administration of justice. But the excesses which filled such men with horror were titles to the esteem of James. Jeffreys, therefore, very soon 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.(233)
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. The 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.
The Revenue collected without an Act of Parliament
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 for life only, 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 of 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 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. A proclamation, such as the Chief Justice had suggested, appeared. Some people had 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.(234)