birth of a prince of Wales was necessary to the success of the plans formed by the Jesuitical party. It was not very likely that James would live till his son should be of age to exercise the regal functions. The law had made no provision for the case of a minority. The reigning sovereign was not competent to make provision for such a case by will. The legislature only could supply the defect. If James should die before the defect had been supplied, leaving a successor of' tender years, the supreme power would undoubtedly devolve on Protestants. Those Tories who held most firmly the doctrine that nothing could justify them in resisting their liege lord would have no scruple about drawing their swords against a Popish woman who should dare to usurp the guardianship of the realm and of the infant sovereign. The result of a contest could scarcely be matter of doubt. The Prince of Orange, or his wife, would be Regent. The young King would be placed in the hands of heretical instructors, whose arts might speedily efface from his mind the impressions which might have been made on it in the nursery.

He

might prove another Edward the Sixth; and the blessing granted to the intercession of the Virgin Mother and of Saint Winifred might be turned into a curse. This was a danger against which nothing but an Act of Parliament could be a security; and how was such an Act to be obtained? Everything

Feeling of the constituent

bodies, and of the Peers.

*

seemed to indicate that, if the Houses were convoked, they would come up to Westminster animated by the spirit of 1640. The event of the country elections could

The King's uneasiness on this subject is strongly described by Ronquillo, Dec. 2. 1687. "Un Principe de Vales y un Duque de York y otro di Lochaosterna (Lancaster, I suppose,) no bastan á reducir la gente; porque el Rey

tiene 54 años, y vendrá á morir, dejando los hijos pequeños, y que entonces el reyno se apoderará dellos, y los nombrará tutor, y los educará en la religion protestante, contra la disposicion que dejare el Rey, y la autoridad de la Reyna."

hardly be doubted. The whole body of freeholders high and low, clerical and lay, was strongly excited against the government. In the great majority of those towns where the right of voting depended on the payment of local taxes, or on the occupation of a tenement, no courtly candidate could dare to show his face. A very large part of the House of Commons was returned by members of municipal corporations. These corporations had recently been remodelled for the purpose of destroying the influence of the Whigs and Dissenters. More than a hundred constituent bodies had been deprived of their charters by tribunals devoted to the crown, or had been induced to avert compulsory disfranchisement by voluntary surrender. Every Mayor, every Alderman, every Town Clerk, from Berwick to Helstone, was a Tory and a Churchman: but Tories and Churchmen were now no longer devoted to the sovereign. The new municipalities were more unmanageable than the old municipalities had ever been, and would undoubtedly return representatives whose first act would be to impeach all the Popish Privy Councillors, and all the members of the High Commission.

In the Lords the prospect was scarcely less gloomy than in the Commons. Among the temporal peers it was certain that there would be an immense majority against the King's measures; and on that episcopal bench, which seven years before had unanimously supported him against those who had attempted to deprive him of his birthright, he could now look for support only to four or five sycophants despised by their profession and by their country.*

* Three lists framed at this time are extant; one in the French archives, the other two in the archives of the Portland family. In these lists every peer is entered under one of three heads, For the Repeal of the Test,

VOL. III.

E

Against the Repeal, and Doubtful. According to one list the numbers were, 31 for, 86 against, and 20 doubtful; according to another, 33 for, 87 against, and 19 doubtful; according to the third, 35 for, 92 against, and 10

To all men not utterly blinded by passion these difficulties appeared insuperable. The most unscrupulous slaves of power showed signs of uneasiness. Dryden muttered that the King would only make matters worse by trying to mend them, and sighed for the golden days of the careless and goodnatured Charles.* Even Jeffreys wavered. As long as he was poor, he was perfectly ready to face obloquy and public hatred for lucre. But he had now, by corruption and extortion, accumulated great riches; and he was more anxious to secure them than to increase them. His slackness drew on him a sharp reprimand from the royal lips. In dread of being deprived of the Great Seal, he promised whatever was required of him: but Barillon, in reporting this circumstance to Lewis, remarked that the King of England could place little reliance on any man who had anything to lose.† Nevertheless James determined to persevere.

James determines to pack a Parliament.

The

sanction of a Parliament was necessary to his system. The sanction of a free and lawful Parliament it was evidently impossible to obtain: but it might not be altogether impossible to bring together by corruption, by intimidation, by violent exertions of prerogative, by fraudulent distortions of law, an assembly which might call itself a Parliament, and might be willing to register any edict of the Sovereign. Returning officers must be appointed who would avail themselves of the slightest pretence to declare the King's friends duly elected. Every placeman, from the highest to the lowest, must be made to understand that, if he wished to

doubtful. Copies of the three lists are among the Mackintosh MSS.

*There is in the British Museum a letter of Dryden to Etherege, dated Feb. 1688. I do not remember to have seen it in print. "Oh," says Dryden, "that our

66

monarch would encourage noble
idleness by his own example, as
he of blessed memory did before
him. For my mind misgives me
that he will not much advance his
affairs by stirring."
† Barillon, Aug. 29. 1687.
Sept. 8.

retain his office, he must, at this conjuncture, support the throne by his vote and interest. The High Commission meanwhile would keep its eye on the clergy. The boroughs, which had just been remodelled to serve one turn, might be remodelled again to serve another. By such means the King hoped to obtain a majority in the House of Commons. The Upper House would then be at his mercy. He had undoubtedly by law the power of creating peers without limit; and this power he was fully determined to use. He did not wish, and indeed no sovereign can wish, to make the highest honour which is in the gift of the crown worthless. He cherished the hope that, by calling up some heirs apparent to the assembly in which they must ultimately sit, and by conferring English titles on some Scotch and Irish Lords, he might be able to secure a majority without ennobling new men in such numbers as to bring ridicule on the coronet and the ermine. But there was no extremity to which he was not prepared to go in case of necessity. When in a large company an opinion was expressed that the peers would prove intractable, "Oh, silly," cried Sunderland, turning to Churchill; "your troop of guards shall be called up to the House of Lords."*

Having determined to pack a Parliament, James set himself energetically and methodically to the work. A proclamation appeared in the Gazette, announcing that the King had determined to revise the Commissions of Peace and of Lieutenancy, and to retain in public employment only such gentlemen as should be disposed to support his policy.† A committee of seven Privy Councillors sate at Whitehall, for the purpose of regulating, such was the phrase, In this committee

the municipal corporations.

*Told by Lord Bradford, who

was present, to Dartmouth; note 1687. on Burnet, i. 755.

London Gazette, Dec. 12.

Jeffreys alone represented the Protestant interest. Powis alone represented the moderate Roman Catholics. All the other members belonged to the Jesuitical faction. Among them was Petre, who had just been sworn of the Council. Till he took his seat at the board, his elevation had been kept a profound secret from everybody but Sunderland. The public indignation at this new violation of the law was clamorously expressed; and it was remarked that the Roman Catholics were even louder in censure than the Protestants. The vain and ambitious Jesuit was now charged with the business of destroying and reconstructing half the constituent bodies in the kingdom. Under the Committee of Privy Councillors a subcommittee consisting of bustling agents less eminent in rank was entrusted with the management of details. Local subcommittees of regulators all over the country corresponded with the central board at Westminster.*

The Board of
Regulators.

The persons on whom James chiefly relied for assistance in his new and arduous enterprise were the Lords Lieutenants. Every Lord Lieutenant received written orders directing him to go down immediately into his county. There he was to summon before him all his deputies, and all the Justices of the Peace, and to put to them a series of interrogatories framed for the purpose of ascertaining how they would act at a general election. He was to take down the answers in writing, and to transmit them to the government. He was to furnish a list of such Roman Catholics, and such Protestant Dissenters, as might be best qualified for the bench and for commands in the militia. He was also to examine into the state of all the boroughs in his county, and to make such reports as might be necessary to guide the operations of the board of regulators.

* Bonrepaux to Seignelay, vember .; Lords' Journals, November; Van Citters, No- December 20. 1689.