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CHAP.
IX.

Council of
Lords held

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was closing in when James arrived, and was informed that his daughter had disappeared. After all that he had suffered, this affliction forced a cry of misery from his lips. "God help me!" he said; my own children have forsaken me. That evening he sate in Council with his principal ministers by James. till a late hour. It was determined that he should summon all the Lords Spiritual and Temporal who were then in London to attend him on the following day, and that he should solemnly ask their advice. Accordingly, on the afternoon of Tuesday the twenty-seventh, the Lords met in the dining room of the palace. The assembly consisted of nine prelates and between thirty and forty noblemen, all Protestants. The two Secretaries of State, Middleton and Preston, though not peers of England, were in attendance. The King himself presided. The traces of severe bodily and mental suffering were discernible in his countenance and deportment. He opened

the proceedings by referring to the petition which had been put into his hands just before he set out for Salisbury. The prayer of that petition was that he would convoke a free Parliament. Situated as he then was, he had not, he said, thought it right to comply. But, during his absence from London, great changes had taken place. He had also observed that his people everywhere seemed anxious that the Houses should meet. He had therefore commanded the attendance of his faithful Peers, in order to ask their counsel.

For a time there was silence. Then Oxford, whose pedigree, unrivalled in antiquity and splendour, gave him a kind of primacy in the meeting, said that, in his opinion, those Lords who had signed the petition to which His Majesty had referred ought now to explain their views.

These words called up Rochester. He defended the petition, and declared that he still saw no hope for the throne or the country but in a Parliament. He would not, he said, venture to affirm that, in so disastrous an extremity, even that remedy would be efficacious; but he had no other remedy to propose. He added that it might be advisable to open a negotiation with the Prince of Orange. Jeffreys and Godolphin followed; and both declared that they agreed with Rochester.

Then Clarendon rose, and, to the astonishment of all, who remembered his loud professions of loyalty, and the agony of shame and sorrow into which he had been thrown, only a few

* Dartmouth's note on Burnet, i. 792.; ii. 226. Orig. Mem.; Clarendon's Diary, Van Citters, 1688; Life of James, Nov. 26.; Revolution Politics.

Nov. 26.

Dec. 6.

days before, by the news of his son's defection, broke forth into a vehement invective against tyranny and Popery. “Even now," he said, " His Majesty is raising in London a regiment into which no Protestant is admitted.” "That is not true," cried James, in great agitation from the head of the board. Clarendon persisted, and left this offensive topic only to pass to a topic still more offensive. He accused the unfortunate King of pusillanimity. Why retreat from Salisbury? Why not try the event of a battle? Could people be blamed for submitting to the invader when they saw their sovereign run. away at the head of his army? James felt these insults keenly, and remembered them long. Indeed even Whigs thought the language of Clarendon indecent and ungenerous. Halifax spoke in a very different tone. During several years of peril he had defended with admirable ability the civil and ecclesiastical constitution of his country against the prerogative. But his serene intellect, singularly unsusceptible of enthusiasm, and singularly averse to extremes, began to lean towards the cause of royalty at the very moment at which those noisy Royalists who had lately execrated the Trimmers as little better than rebels were everywhere rising in rebellion. It was his ambition to be, at this conjuncture, the peacemaker between the throne and the nation. His talents and character fitted him for that office; and, if he failed, the failure is to be ascribed to causes against which no human skill could contend, and chiefly to the folly, faithlessness, and obstinacy of the Prince whom he tried to save.

Halifax now gave utterance to much unpalatable truth, but with a delicacy which brought on him the reproach of flattery from spirits too abject to understand that what would justly be called flattery when offered to the powerful is a debt of humanity to the fallen. With many expressions of sympathy and deference, he declared it to be his opinion that the King must make up his mind to great sacrifices. It was not enough to convoke a Parliament or to open a negotiation with the Prince of Orange. Some at least of the grievances of which the nation complained should be instantly redressed without waiting till redress was demanded by the Houses or by the captain of the hostile army. Nottingham, in language equally respectful, declared that he agreed with Halifax. The chief concessions which these Lords pressed the King to make were three. He ought, they said, forthwith to dismiss all Roman Catholics from office, to separate himself wholly from France,

CHAP.

IX.

CHAP.
IX.

and to grant an unlimited amnesty to those who were in arms against him. The last of these propositions, it should seem, admitted of no dispute. For, though some of those who were banded together against the King had acted towards him in a manner which might not unreasonably excite his bitter resentment, it was more likely that he would soon be at their mercy than that they would ever be at his. It would have been childish to open a negotiation with William, and yet to denounce vengeance against men whom William could not without infamy abandon. But the clouded understanding and implacable temper of James held out long against the arguments of those who laboured to convince him that it would be wise to pardon offences which he could not punish. "I cannot do it," he exclaimed: "I must make examples; Churchill above all; Churchill whom I raised so high. He and he alone has done all this. He has corrupted my army. He has corrupted my child. He would have put me into the hands of the Prince of Orange, but for God's special providence. My Lords, you are strangely anxious for the safety of traitors. None of you troubles himself about my safety." In answer to this burst of impotent anger, those who had recommended the amnesty represented with profound respect, but with firmness, that a prince attacked by powerful enemies can be safe only by conquering or by conciliating. "If Your Majesty, after all that has happened, has still any hope of safety in arms, we have done: but if not, you can be safe only by regaining the affections of your people." After a long and animated debate the King broke up the meeting. My Lords," he said, "you have used great freedom: but I do not take it ill of you. I have made up my mind on one point. I shall call a Parliament. The other suggestions which have been offered are of grave importance; and you will not be surprised that I take a night to reflect on them before I decide."*

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66

Life of James, ii. 236. Orig. Mem.;
Burnet. i. 794.; Luttrell's Diary; Cla-
rendon's Diary, November 27. 1688; Van
Citters,
and
Van Citters evidently had his intelli-
gence from one of the Lords who were
present. As the matter is important, I
will give two short passages from his
despatches. The King said, "Dat het
by na voor hem unmogelyck was te par-
doneren persoonen wie so hoog in syn

reguarde schuldig stonden, vooral seer uytvarende jegens den Lord Churchill, wien hy hadde goot gemaakt, en nogtans meynde de eenigste oorsake van alle dese desertie en van de retraite van hare Coninglycke Hoogheden te wesen." One of the lords, probably Halifax or Nottingham, "seer hadde geurgeert op de securiteyt van de lords die nu met syn Hoogheyt geengageert staan. Soo hoor ick," says Van Citters, "dat syn Ma

66

CHAP.

IX.

appoints

sioners to

treat with William.

At first James seemed disposed to make excellent use of the time which he had taken for consideration. The Chancellor was directed to issue writs convoking a Parliament for He the thirteenth of January. Halifax was sent for to the Commiscloset, had a long audience, and spoke with much more freedom than he had thought it decorous to use in the presence of a large assembly. He was informed that he had been appointed a Commissioner to treat with the Prince of Orange. With him were joined Nottingham and Godolphin. The King declared that he was prepared to make great sacrifices for the sake of peace. Halifax answered that great sacrifices would doubtless be required. Your Majesty," he said, "must not expect that those who have the power in their hands will consent to any terms which would leave the laws at the mercy of the prerogative." With this distinct explanation of his views, he accepted the Commission which the King wished him to undertake.* The concessions which a few hours before had been so obstinately refused were now made in the most liberal manner. A proclamation was put forth by which the King not only granted a free pardon to all who were in rebellion against him, but declared them eligible to be members of the approaching Parliament. It was not even required as a condition of eligibility that they should lay down their arms. The same Gazette which announced that the Houses were about to meet contained a notification that Sir Edward Hales, who, as a Papist, as a renegade, as the foremost champion of the dispensing power, and as the harsh gaoler of the Bishops, was one of the most unpopular men in the realm, had ceased to be Lieutenant of the Tower, and had been succeeded by his late prisoner, Bevil Skelton, who, though he held no high place in the esteem of his countrymen, was at least not disqualified by law for public trust.†

But these concessions were meant only to blind the Lords The and the nation to the King's real designs. He had secretly negotiation

jesteyt onder anderen soude gesegt hebben; 'Men spreekt al voor de securiteyt voor andere, en niet voor de myne.' Waar op een der Pairs resolut dan met groot respect soude geantwoordt hebben dat, soo syne Majesteyt's wapenen in staat waren om hem te connen mainteneren, dat dan sulk syne securiteyte koude wesen; soo niet, en soo de difficulteyt dan nog te surmonteren was, dat het den

moeste geschieden door de meeste conde-
scendance, en hoe meer die was, en hy
genegen om aan de natic contentement
te geven, dat syne securiteyt ook des te
grooter soude wesen."

* Letter of the Bishop of Saint Asaph
to the Prince of Orange, Dec. 17. 1688.

+ London Gazette, Nov. 29., Dec. 3. 1688; Clarendon's Diary, Nov. 29, 30.

a feint.

CHAP.

IX.

determined that, even in this extremity, he would yield nothing. On the very day on which he issued the proclamation of amnesty, he fully explained his intentions to Barillon. "This negotiation," said James, "is a mere feint. I must send Commissioners to my nephew, that I may gain time to ship off my wife and the Prince of Wales. You know the temper of my troops. None but the Irish will stand by me; and the Irish are not in sufficient force to resist the enemy. A Parliament would impose on me conditions which I could not endure. I should be forced to undo all that I have done for the Catholics, and to break with the King of France. As soon, therefore, as the Queen and my child are safe, I will leave England, and take refuge in Ireland, in Scotland, or with your master."*

Already James had made preparations for carrying this scheme into effect. Dover had been sent to Portsmouth with instructions to take charge of the Prince of Wales; and Dartmouth, who commanded the fleet there, had been ordered to obey Dover's directions in all things concerning the royal infant, and to have a yacht manned by trusty sailors in readiness to sail for France at a moment's notice.† The King now sent positive orders that the child should instantly be conveyed to the nearest Continental port.‡ Next to the Prince of Wales the chief object of anxiety was the Great Seal. To that symbol of kingly authority our jurists have always ascribed a peculiar and almost mysterious importance. It is held that, if the Keeper of the Seal should affix it, without taking the royal pleasure, to a patent of peerage or to a pardon, though he may be guilty of a high offence, the instrument cannot be questioned by any court of law, and can be annulled only by an Act of Parliament. James seems to have been afraid that his enemies might get this organ of his will into their hands, and might thus give a legal validity to acts which might affect him injuriously. Nor will his apprehensions be thought unreasonable when it is remembered that, exactly a hundred years later, the Great Seal of a King was used, with the assent of the Lords and the Commons, and with the approbation of many great statesmen and lawyers, for the purpose of transferring his prerogatives to his son. Lest the talisman which possessed such formidable powers should be abused, James determined that it should

* Barillon, December 1688.
James to Dartmouth, Nov. 25. 1688.

The letters are in Dalrymple.

James to Dartmouth, Dec. 1. 1688.

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