hereby protest against all your proceedings, as illegal, unjust, and null; and I appeal from you to our sovereign lord the king in his courts of justice." Applause followed; the commissioners were furious; the chief threatened Hough ve hemently-" I will see," he cried, "whether the civil power cannot manage you; and if that is not enough, you shall have the military too." With two exceptions, the fellows stood by their president. The college porter threw down his keys, the butler refused to scratch Hough's name out of the buttery book; nor could any blacksmith be found in the whole city who would force the lock of his lodgings. The servants of the commissioners broke the doors open with an iron bar, and the Bishop of Oxford was installed by proxy.

in the place of Farmer. In vain the fellows, have this day deprived me of my freehold; I represented that the presidency was in fact not vacant; and that even had it been so, Parker, like Farmer, was by their founder's statutes absolutely ineligible. The king, on his return from a splendid progress through the southern and south-western counties, reached Oxford; and having slept and heard mass at Christchurch, summoned the Magdalen fellows. They knelt, and tendered a petition. "Is this your Church of England royalty? Go home, get you gone: I am king, I will be obeyed. Go to your chapel this instant, and admit the Bishop of Oxford. Let those who refuse look to it-they shall feel the whole weight of my hand; they shall know what it is to incur the displeasure of their sovereign. Get you gone, I tell you; I will receive nothing from you till you have admitted the bishop." Re-assembling, the fellows, with but one absentee and one dissentient voice, resolved, that though in all things lawful they were ready to obey their king, they could not and would not violate their oaths.

James departed from the university; Penn, who a few months earlier had acted as broker betwixt the queen's maids of honour, and the parents of the little girls condemned for walking in procession to meet Monmouth, tried, with alternate threats and blandishments, to warp the integrity of the men of Magdalen. He failed: to his hints of expulsion they replied, "that in the last generation thirty-four out of forty fellows had cheerfully left their beloved cloisters and gardens, their hall and their chapel, and had gone forth, not knowing where they should find a meal or a bed, rather than violate their oath of allegiance." That "to Charles the First they had been loyal-for James the Second they would not break their oaths and stain their consciences." The promises of the Quaker courtier were as unsuccessful as his warnings. "We want nothing," said Hough, "but justice; we stand on our statutes and our oaths; but even setting these aside, we feel that we have our religion to defend. The Papists have robbed us of University College, they have robbed us of Christchurch, and the fight is now for Magdalen." Again the king's commissioners came down this time accompanied by three troops of cavalry. "I will submit to your visitation, so far as is consistent with the laws, and no further," answered Hough. To a demand to yield the key of his lodging, he returned a mild but firm refusal. The court pronounced him an intruder. My lords," he said, you

66

66

A like attack was made upon the Charterhouse. James commanded the trustees to elect a Roman

Catholic named Popham. Thomas Burnet, master of the Hospital, represented to the king's commissioners, that what was required was alike contrary to their founder's will, and to an act of Parliament.

"What is that to the purpose?" said a courtier. "It is, I think, very much to the purpose: an act of Parliament is, in my judgment, no light thing," replied the feeble voice of the venerable Duke of Ormond. Jeffreys flung away in a rage, and Popham was rejected. Vol. ii., pp. 289, 290.

Might had overcome right; yet so strong, so inveterate was their instinct of loyalty, that having, as they deemed, absolved their consciences by passive resistance, the fellows, with the exception of Doctor Fairfax, were disposed to yield obedience to the king's nominee. On such terms the commissioners would have gladly compromised; but while townsmen sneered, and Obadiah Walker and his brother renegades taunted them with their faintheartedness, news arrived that James insisted that they should profess their penitence and implore forgiveness. This fresh insult roused their courage; with one voice they answered that they would never ask pardon for being in the right, or admit that the visitation of their college and the deprivation of their president was legal. The king's "heavy hand" fell upon them, and by one sweeping edict they were all expelled.

"Even James," says Mr. Macaulay, "never committed a grosser error." But expulsion seemed an insufficient vengeance; the clerical fellows were declared incapable of church preferment; those who were laymen, of admission into holy orders. The public spirit revolted against such gross injustice; subscriptions were opened, and large sums collected, for them;the Prince and Princess of Orange contributing £200. The Vice-Chancellor of Oxford refused to dine with the king's commissioners. "My taste," he said, "differs from that of Colonel Kirke; I cannot eat my meals with an appetite under the gallows." The university was in an uproar, the Magdalen undergraduates refused to obey their new superiors, and the va cant fellowships were in vain held out to them. Parker soon died, and James turned the college into a Romish seminary.*

Thus far triumphant, and prompted by "the haughty spirit which goeth before a fall," the king resolved to call a Parliament; but, well aware that large majorities of both houses would oppose him, he in the first instance ordered every lord lieutenant into his county, there to call before him all deputies and justices of the peace, and having ascertained, to report in writing how each would vote at a

Hist., Vol. ii., pp. 277-310.

general election. The Dukes of Shrewsbury and Somerset, the Earls of Oxford, Dorset, Derby, Pembroke, Rutland, Bridgewater, Thanet, Northampton, Abingdon, and Scarsdale, with the Viscounts Fauconberg and Newark, refused to act as spies, and were dismissed from their lieutenancies. No noblemen of note or eminence would replace them; while of those peers who retained their offices and attempted to obey the king's directions, not one could render an encouraging account. The Duke of Norfolk sent cold tidings to Whitehall. In four English shires, and throughout the entire principality of Wales, the Duke of Beaufort was unsuccessful. The electors of Hertfordshire, Buckinghamshire, Shropshire, and Northampton, with Wiltshire, Cambridgeshire, Cumberland, and Westmoreland, refused through their lords lieutenants, to fetter themselves with any pledges. In Dorsetshire and Huntingdonshire the same spirit prevailed; Devonshire and Cornwall, without a dissenting voice, told the Earl of Bath "they would put life and property in jeopardy for the king, but that the Protestant religion was dearer to them than life or property." "And, sir," said Bath to James, "if you dismiss these gentlemen, their successors will give exactly the same answer." In Lancashire, a new lord lieutenant, himself a Roman Catholic, warned the king that two-thirds of his deputies and magistrates would vote against him. In Hampshire, most of the gentry laid down their commissions rather than obey the Duke of Berwick, the king's son, by Arabella Churchill, and a Roman Catholic. In Warwickshire, Sunderland, the new lord lieutenant, feared to go down and face the magistracy.

in his fair promises, and some among them plainly told his agents that "blood should flow, ere Popery and arbitrary power were set up in | England."

Thus stood both parties, as it were, at bay, when, on the 27th of April, 1688, the king put forth his second "Declaration of Indulgence," and, by an ordinance dated a week later, commanded it to be read, on two successive Sundays, in every church and chapel in the kingdom. The London clergy-for a moment, and but for a moment-hesitated; to oppose the tyrant involved immediate ruin; while they, with some reason, feared lest the Nonconformists should misinterpret their refusal, and believe it prompted by a spirit of intolerance. From this latter difficulty, however, Howe, Bates, and Baxter soon relieved them. A meeting was convened. "I must be plain," said Fowler, vicar of St. Giles', Cripplegate; “the question is so simple that argument can throw no new light upon it, and can only beget heat. Let every man say 'yes' or 'no;' but I cannot consent to be bound by the vote of the majority. I shall be sorry to cause a breach of unity; but this declaration I cannot in conscience read." Tillotson, Patrick, Sherlock, and Stillingfleet supported Fowler; and eighty-five metropolitan incumbents reciprocally pledged themselves not to read the declaration.

The Archbishop of Canterbury convened his suffragans; a petition was agreed upon, disclaiming all disloyalty and intolerance, but setting forth respectfully that as Parliament had both in the late and present reign declared that the sovereign could not dispense with statutes in matters ecclesiastical, the "Declaration of Indulgence" was illegal, and they could not be parties to its promulgation.*

To persevere was mere insanity; for, as Mr. Macaulay well observes, "the commissions of the peace, and lieutenancy, had long been care- This petition, signed by Sancroft the primate, fully purged of all republican names; and the per- Lloyd of St. Asaph, Turner of Ely, Lake of sons from whom the court had in vain attempted Chichester, Ken of Bath and Wells, White of to extract any promise of support, were, with Peterborough, and Trelawney of Bristol, was scarcely an exception, Tories. The elder among presented by Lloyd and his five brethrent to the them could still shew scars given by the swords king. "Is this," said James, "my Lord of of Roundheads, and receipts for plate sent to Canterbury's hand?" "Yes, sir, his own hand." Charles the First in his distress. The younger" It is," rejoined the king, 66 a standard of rehad adhered firmly to James against Shaftesbury bellion, yes, a standard of rebellion." “Rebeland Monmouth. Such were the men who were lion!" cried Trelawney, falling on his knees. now turned out of office in a mass by the very prince to whom they had given such signal proofs of fidelity."

The merit of the bishops consists mainly in their opposition to the usurped "dispensing Of the sheriff's, many, though Roman Catho-power." This should be borne in mind by all who lics, declared that they would discharge their would justly estimate the principle contended for. duty as fairly as if they were members of the The Declaration of Indulgence" was in itself a Established Church, and would return no candi- fraud, meant but to masque attacks on the Church date who had not a real majority. They were of England; but had James's object been as praisemen of honour, they had estates and reputation worthy as it was disgraceful, the attempt to give to his in their counties, and saw clearly that the mere word the force of law was tyrannical, and, like king was bent upon his own and their utter all acts of tyranny, deserved firm rebuke and prompt ruin. Among the Puritans and Nonconformists, repression at the hands of Englishmen.—B. who, in defiance of existing statutes and to their own astonishment, had been thrust into corporation offices, the spirit of resistance was almost unanimous. They distrusted James, who had so often persecuted themselves, and racked and gibbeted their Scottish brethren; they put no faith

had been forbidden the court.
+ Sancroft was absent; he was in disgrace, and
Compton, Bishop of
London, had been, as we have seen, suspended. The
Bishop of Winchester had set forth to join the con-
clave, but was detained by sickness on the road.
Lloyd of Norwich would have attended, but that his
summons was purposely delayed by a postmaster.

66

my

they could not be called on to enter into recognizances on a charge of libel. The king and chancellor stood confounded, the perils of their course were at each step augmented;Sancroft and his brethren were resolute, a warrant was signed for their committal, and a barge manned to carry them to the Tower.

"For God's sake, sir, do not say so hard a thing of us. No Trelawney can be a rebel. Remember that my family has fought for the crown. Remember how I served your family when Monmouth was in the west." "We put down the last rebellion," said Lake; "we shall not raise another." "We rebel!" exclaimed Turner. "We are ready to die at your majesty's feet." "Sir," said Ken, in a more manly tone, "It was known all over London that the bishops were before the council. The public anxiety was I hope that you will grant to us that liberty intense. A great multitude filled the courts of which you grant to all mankind." Still James Whitehall and all the neighbouring streets. Many went on. "This is rebellion; this is a standard people were in the habit of refreshing themselves at of rebellion. Did ever a good churchman the close of a summer's day with the cool air of the question the dispensing power before? I will Thames. But on this evening the whole river was have my declaration published." "We have alive with wherries. When the seven came forth two duties to perform," answered Ken; "our under a guard, the emotions of the people broke duty to God, and our duty to your majesty. through all restraint. Thousands fell on their knees We honour you, but we fear God." "I will be and prayed for the men who had, with the Christian obeyed," returned the king; courage declaration of Ridley and Latimer, confronted a tyrant shall be published. You are trumpeters of into the stream, and up to their waists in ooze and inflamed by all the bigotry of Mary. Many dashed sedition. What do you here? Go to your water, cried to the holy fathers to bless them. All dioceses, and see that I am obeyed. I will keep down the river, from Whitehall to London Bridge, the this paper; I will not part with it; I will re- royal barge passed between two lines of boats, from member you that have signed it." "God's will which arose a shout of "God bless your lordships." be done," said Ken. The bishops retired. This The king, in great alarm, gave orders that the gar was on the Friday evening; on the Saturday rison of the Tower should be doubled, and that two their petition appeared in print, was read and companies should be detached from every regiment rapturously applauded by tens of thousands. in the kingdom and sent up instantly to London. On the ensuing Sunday, four only among the But the force on which he relied as the means of metropolitan incumbents read the declaration. coercing the people shared all the feelings of the In the royal chapel of St. James the officiat-people. The very sentinels, who were under arms ing minister had courage to disobey the order. from the martyrs whom they were to guard. at the Traitor's Gate, reverently asked a blessing At Westminster the audience thronged out of All day the coaches and liveries of the the abbey as the dean began. Samuel Wesley, first nobles in England were seen round the prison father of the celebrated founder of Methodism, gates. Thousands of humbler spectators constantly was then a curate in London: he took for his covered Tower-hill. But among the marks of public text that day the noble answer of the three Jews respect and sympathy which the prelates received, to the Chaldean tyrant: "Be it known unto there was one which more than all the rest enraged thee, O king, that we will not serve thy gods, and alarmed the king. He learned that a deputation nor worship the golden image which thou hast of ten Nonconformist ministers had visited the set up." Baxter, from his chapel pulpit, eulo-Tower. He sent for four of these persons, and himgized the bishops and parochial clergy. The that they thought it their duty to forget past quarself upbraided them. They courageously answered scene was repeated on the succeeding Sabbath.rels, and to stand by the men who stood by the ProThe king stood aghast,-to advance was dan-testant religion."* gerous, to recede humiliating. The Earl of Sunderland, with several of the Papist privy council, advised concession; but Jeffreys recommended, and the infatuated James resolved, to indict the archbishop and his brethren, for a seditious libel. On the eighth of June they were summoned before the king; but in the mean time the bishops of Norwich, Gloucester, Salisbury, Winchester, and Exeter, had signed copies of their petition and remonstrance, while the Bishop of Worcester had refused to distribute the declaration

among

his clergy. The seven prelates entered the presence chamber, and after some hesitation, for they naturally objected to criminate themselves, they eventually, at the king's express command, one and all acknowledged their signatures to the petition. Jeffreys then informed them that an indictment for libel would be exhibited against them, and desired them to put in bail. They refused, alleging that, as peers of the realm,

Hist. vol. ii. pp. 344, 362.

of

On the 15th of June the prelates appeared before the King's Bench, the same throngs zealous and affectionate spectators surrounding them. They pleaded Not guilty, and were per mitted to depart upon their own engagements to appear and stand their trials. Bai, had the crown lawyers dared to ask it, was at hand. Halifax had assembled twenty-one temporal peers, three for each bishop, each all prepared to enter into recognizances for them;an opulent dissenter had entreated to have the honour of giving security for Bishop Ken. As they left the hall, the crowd, believing they had been acquitted, raised loud acclamations; the church bells rang merrily, and even the abbey, to the annoyance of the Dean of Westminster, echoed their peals of triumph. Long ere the day of trial, the excitement had spread from the Land's End to Scotland. The northern Presbyterians, usually bitter enemies to prelacy,

Hist. vol. ii. pp. 361, 362.

quibble, had been unworthy of the sacred cause. | the glad tidings went flying past the Savoy and the

The signatures and publication proved, it remained to be shewn that the petition was a false, malicious, and seditious libel.

"During three hours the counsel for the petitioners argued with great force in defence of the fundamental principles of the constitution, and proved from the journals of the House of Commons, that the bishops had affirmed no more than the truth, when they represented to the king that the dispensing power which he claimed had been repeatedly declared illegal by Parliament. Somers rose last. He spoke little more than five minutes; but every word was full of weighty matter, and when he sat down his reputation as an orator and a constitutional lawyer was established. *** The offence imputed was a false, a malicious, a seditious libel. False the paper was not, for every fact which it set forth had been proved from the journals of Parliament to be true. Malicious the paper was not; for the defendants had not sought an occasion of strife, but had been placed by the government in such a situation that they must either oppose themselves to the royal will, or violate the most sacred obligations of conscience and honour. Seditious the paper was

not; for it had not been scattered by the writers among the rabble, but delivered privately into the hands of the king alone; and a libel it was not, but a decent petition, such as, by the laws of England, nay, by the laws of imperial Rome, by the laws of all civilized states, a subject who thinks himself aggrieved may with propriety present to the sovereign."

The crown counsel then replied. The chiefjustice charged the jury. He would, he said, give no opinion on the question of the dispensing power; it was unnecessary for him to do so.

The subject had a right to petition, but the petition before the court was improperly worded, and in the contemplation of law a libel. Allybone concurred: Holloway also evaded the question of the dispensing power, but said the petition seemed to him such as subjects who think themselves aggrieved are entitled to present, and therefore no libel. Powell avowed that in his judgment the declaration of indulgence was a nullity, and that the dispensing power, as lately exercised, was utterly inconsistent with all law. If these encroachments of prerogative were allowed, there was an end of parliaments: the whole legislative authority was in the king. "That issue, gentlemen," he said, I leave to God and to your consciences."

It was dark when the jury retired to deliberate, and they remained all night in consultation: at six in the morning they had agreed; at ten the court sat, and, amidst breathless stillness, Sir Roger Langley pronounced their verdict of "Not Guilty."

"As the words passed his lips, Halifax sprang up, and waved his hat. At that signal, benches and galleries raised a shout. In a moment ten thousand persons, who crowded the great hall, replied with a still louder shout, and in another moment the innumerable, throng without, set up a third huzza, which was heard at Temple Bar. The boats which covered the Thames gave an answering cheer. A peal of gunpowder was heard on the water-and another--and another; and so, in a few moments,

Friars to London Bridge, and to the forest of masts below. As the news spread, streets and squares, market-places and coffee-houses, broke forth into than the weeping; for the feelings of men had been acclamations. Yet were the acclamations less strange wound up to such a point that at length the stern English nature, so little used to outward signs of emotion, gave way, and thousands sobbed aloud for very joy."

Illuminations, bonfires, fireworks, and universal revelry soon spread the tidings through London and the surrounding counties-

"That justice had absolved the innocent,

And tyranny was balked of her desire." James was at the camp, near Hounslow, when the news reached him. "The bishops," he exclaimed, "are acquitted; so much the worse for them." As he left in haste for London, the troops burst forth into acclamations. "It is nothing, sir," said an attendant, "but the soldiers, shouting at the acquittal of the bishops." "And you call that nothing!" returned James, for a moment startled Then relapsing, he reiterated, doggedly, “So into common sense-"you call that nothing!" much the worse for them."

"Better is a poor and wise child, than an old and foolish king, who will not be admonished." (To be concluded in our next.)

A THOUGHT OF THE PAST.
We were children when we parted,
Then the past is soon forgot;
The present was all gladness,

And the future knew we not!
We judg'd to-morrow's dawning
By to-day's bright sunset eve;
Without a cloud to dim it,

And without a voice to grieve!
Life was then so beautiful,

And its promises so bright!
Hope stood our pilot in the way,

With its star of heavenly light.
We gathered rose-buds everywhere,
By this glitt'ring beacon led,
"Twas a fond dream of happiness,

And oh! why has it fled?

We were children when we parted,
Nor did we think to feel again
A holier tie, or fonder one

Than that which bound us then.
"Twas but the soul of childhood
That wove its fairy dreams,
And hallowed all our feelings
In its pure, celestial beans.
But if for thee to cherish
A deeper love be sin,
When the sole mention of thy name
Wakes all the chords within ;
If I must only meet thee

(At this stern world's cold will),
But as the friend of other years,

Would we were children still!

CORALIE.

B.