The History of England, from the Accession of James the Second - Volume 2 by Thomas Babington Macaulay (ebook reader 7 inch .TXT) 📖

ballad of which the burden is still remembered:

"And shall Trelawney die, and shall Trelawney die? Then thirty thousand Cornish boys will know the reason why."

The miners from their caverns reechoed the song with a variation:

"Then twenty thousand under ground will know the reason why."387

The rustics in many parts of the country loudly expressed a strange hope which had never ceased to live in their hearts. Their Protestant Duke, their beloved Monmouth, would suddenly appear, would lead them to victory, and would tread down the King and the Jesuits under his feet.388 The ministers were appalled. Even Jeffreys would gladly have retraced his steps. He charged Clarendon with friendly messages to the Bishops, and threw on others the blame of the prosecution which he had himself recommended. Sunderland again ventured to recommend concession. The late auspicious birth, he said, had furnished the King with an excellent opportunity of withdrawing from a position full of danger and inconvenience without incurring the reproach of timidity or of caprice. On such happy occasions it had been usual for sovereigns to make the hearts of subjects glad by acts of clemency; and nothing could be more advantageous to the Prince of Wales than that he should, while still in his cradle, be the peacemaker between his father and the agitated nation. But the King's resolution was fixed. "I will go on," be said. "I have been only too indulgent. Indulgence ruined my father."389 The artful minister found that his advice had been formerly taken only because it had been shaped to suit the royal temper, and that, from the moment at which he began to counsel well, he began to counsel in vain. He had shown some signs of slackness in the proceeding against Magdalene College. He had recently attempted to convince the King that Tyrconnel's scheme of confiscating the property of the English colonists in Ireland was full of danger, and had, with the help of Powis and Bellasyse, so far succeeded that the execution of the design had been postponed for another year. But this timidity and scrupulosity had excited disgust and suspicion in the royal mind.390 The day of retribution had arrived. Sunderland was in the same situation in which his rival Rochester had been some months before. Each of the two statesmen in turn experienced the misery of clutching, with an agonizing grasp, power which was perceptibly slipping away. Each in turn saw his suggestions scornfully rejected. Both endured the pain of reading displeasure and distrust in the countenance and demeanour of their master; yet both were by their country held responsible for those crimes and errors from which they had vainly endeavoured to dissuade him. While he suspected them of trying to win popularity at the expense of his authority and dignity, the public voice loudly accused them of trying to win his favour at the expense of their own honour and of the general weal. Yet, in spite of mortifications and humiliations, they both clung to office with the gripe of drowning men. Both attempted to propitiate the King by affecting a willingness to be reconciled to his Church. But there was a point at which Rochester was determined to stop. He went to the verge of apostasy: but there he recoiled: and the world, in consideration of the firmness with which he refused to take the final step, granted him a liberal amnesty for all former compliances. Sunderland, less scrupulous and less sensible of shame, resolved to atone for his late moderation, and to recover the royal confidence, by an act which, to a mind impressed with the importance of religious truth, must have appeared to be one of the most flagitious of crimes, and which even men of the world regard as the last excess of baseness. About a week before the day fixed for the great trial, it was publicly announced that he was a Papist. The King talked with delight of this triumph of divine grace. Courtiers and envoys kept their countenances as well as they could while the renegade protested that he had been long convinced of the impossibility of finding salvation out of the communion of Rome, and that his conscience would not let him rest till he had renounced the heresies in which he had been brought up. The news spread fast. At all the coffeehouses it was told how the prime minister of England, his feet bare, and a taper in his hand, had repaired to the royal chapel and knocked humbly for admittance; how a priestly voice from within had demanded who was there, how Sunderland had made answer that a poor sinner who had long wandered from the true Church implored her to receive and to absolve him; how the doors were opened; and how the neophyte partook of the holy mysteries.391

This scandalous apostasy could not but heighten the interest with which the nation looked forward to the day when the fate of the seven brave confessors of the English Church was to be decided. To pack a jury was now the great object of the King. The crown lawyers were ordered to make strict inquiry as to the sentiments of the persons who were registered in the freeholders' book. Sir Samuel Astry, Clerk of the Crown, whose duty it was, in cases of this description, to select the names, was summoned to the palace, and had an interview with James in the presence of the Chancellor.392 Sir Samuel seems to have done his best. For, among the forty-eight persons whom he nominated, were said to be several servants of the King, and several Roman Catholics.393 But as the counsel for the Bishops had a right to strike off twelve, these persons were removed. The crown lawyers also struck off twelve. The list was thus reduced to twenty-four. The first twelve who answered to their names were to try the issue.

On the twenty-ninth of June, Westminster Hall, Old and New Palace Yard, and all the neighbouring streets to a great distance were thronged with people. Such an auditory had never before and has never since been assembled in the Court of King's Bench. Thirty- five temporal peers of the realm were counted in the crowd.394

All the four judges of the Court were on the bench. Wright, who presided, had been raised to his high place over the heads of many abler and more learned men solely on account of his unscrupulous servility. Allybone was a Papist, and owed his situation to that dispensing power, the legality of which was now in question. Holloway had hitherto been a serviceable tool of the government. Even Powell, whose character for honesty stood high, had borne a part in some proceedings which it is impossible to defend. He had, in the great case of Sir Edward Hales, with some hesitation, it is true, and after some delay, concurred with the majority of the bench, and had thus brought on his character a stain which his honourable conduct on this day completely effaced.

The counsel were by no means fairly matched. The government had required from its law officers services so odious and disgraceful that all the ablest jurists and advocates of the Tory party had, one after another, refused to comply, and had been dismissed from their employments. Sir Thomas Powis, the Attorney General, was scarcely of the third rank in his profession. Sir William Williams, the Solicitor General, had quick parts and dauntless courage: but he wanted discretion; he loved wrangling; he had no command over his temper; and he was hated and despised by all political parties. The most conspicuous assistants of the Attorney and Solicitor were Serjeant Trinder, a Roman Catholic, and Sir Bartholomew Shower, Recorder of London, who had some legal learning, but whose fulsome apologies and endless repetitions were the jest of Westminster Hall. The government had wished to secure the services of Maynard: but he had plainly declared that he could not in conscience do what was asked of him.395

On the other side were arrayed almost all the eminent forensic talents of the age. Sawyer and Finch, who, at the time of the accession of James, had been Attorney and Solicitor General, and who, during the persecution of the Whigs in the late reign, had served the crown with but too much vehemence and success, were of counsel for the defendants. With them were joined two persons who, since age had diminished the activity of Maynard, were reputed the two best lawyers that could be found in the Inns of Court: Pemberton, who had, in the time of Charles the Second, been Chief justice of the King's Bench, who had been removed from his high place on account of his humanity and moderation, and who had resumed his practice at the bar; and Pollexfen, who had long been at the head of the Western circuit, and who, though he had incurred much unpopularity by holding briefs for the crown at the Bloody Assizes, and particularly by appearing against Alice Lisle, was known to be at heart a Whig, if not a republican. Sir Creswell Levinz was also there, a man of great knowledge and experience, but of singularly timid nature. He had been removed from the bench some years before, because he was afraid to serve the purposes of the government. He was now afraid to appear as the advocate of the Bishops, and had at first refused to receive their retainer: but it had been intimated to him by the whole body of attorneys who employed him that, if he declined this brief, he should never have another.396

Sir George Treby, an able and zealous Whig, who had been Recorder of London under the old charter, was on the same side. Sir John Holt, a still more eminent Whig lawyer, was not retained for the defence, in consequence, it should seem, of some prejudice conceived against him by Sancroft, but was privately consulted on the case by the Bishop of London.397 The junior counsel for the Bishops was a young barrister named John Somers. He had no advantages of birth or fortune; nor had he yet had any opportunity of distinguishing himself before the eyes of the public: but his genius, his industry, his great and various accomplishments, were well known to a small circle of friends; and, in spite of his Whig opinions, his pertinent and lucid mode of arguing and the constant propriety of his demeanour had already secured to him the ear of the Court of King's Bench. The importance of obtaining his services had been strongly represented to the Bishops by Johnstone; and Pollexfen, it is said, had declared that no man in Westminster Hall was so well qualified to treat a historical and constitutional question as Somers.

The jury was sworn; it consisted of persons of highly respectable station. The foreman was Sir Roger Langley, a baronet of old and honourable family. With him were joined a knight and ten esquires, several of whom are known to have been men of large possessions. There were some Nonconformists in the number; for the Bishops had wisely resolved not to show any distrust of the Protestant Dissenters. One name excited considerable alarm, that of Michael Arnold. He was brewer to the palace; and it was apprehended that the government counted on his voice. The story goes that he complained bitterly of the position in which he found himself. "Whatever I do," he said, "I am sure to be half ruined. If I say Not Guilty, I shall brew no more for the King; and if I say Guilty, I shall brew no more for anybody else."398

The trial then commenced, a trial which, even when coolly perused after the lapse of more than a century and a half, has all the interest of a drama. The advocates contended on both sides with