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A Monarchy Transformed: Britain 1603-1714 by Mark Kishlansky (1996) 7 – the reign of James II

Because King Charles II died in February 1685 without a son and heir – without, in fact, any legitimate children from his marriage to Catherine of Braganza – the throne passed automatically to his brother, James Duke of York, who ascended the throne as King James II.

Catholic

James was a professed Roman Catholic and a zealous reformer. He wished to lift the multiple legal restrictions which had been placed on his fellow Catholics and, as a balancing gesture, to lift legal constraints on the Puritans and non-conforming Protestant sects. However, within three short years he managed to alienate almost every party and profession in the country, and especially the powerful Whig politicians.

The seven bishops

The crisis came to a head over two big issues. First James made the error of trying seven Anglican bishops for seditious libel. To be precise, in April 1688, encouraged by the Quaker leader William Penn with whom he had struck up an unlikely friendship, James re-issued the Declaration of Indulgence first promulgated by his brother, and ordered Anglican clergy to read it in their churches.

When seven Bishops, including the Archbishop of Canterbury, submitted a petition asking the king to reconsider this request, they were arrested and tried for seditious libel, the trial taking place in June 1688. This looked like a full-frontal attack on the Church of England which was, by now, central to almost everybody’s concept of the English political system.

A Catholic son

Secondly, his Catholic wife, Mary of Modena, who he had married in 1673, bore him a Catholic son and heir, James Francis Edward, on 10 June 1688. Now, when James’s only possible successors had been his own two Protestant daughters – Mary and Anne – from his first marriage to Anne Hyde (who had died in in 1671) most Anglicans could put up with James’s pro-Catholic policies in the belief that they were a temporary aberration from what was essentially a Protestant succession. But the young prince’s birth at a stroke made it seem likely that Britain would become a Catholic dynasty and that the unpopular religious policies James was ramming through would become permanent. All kinds of former loyalists began to think again.

The supposititious child

And so did the people. Rumours quickly spread about the baby, irrational sometimes hysterical rumours, the most lurid of which was that the baby proclaimed as the Prince of Wales hadn’t been born to Mary of Modena. The rumour went that the royal couple’s actual baby had been stillborn and so a new baby was smuggled into the Palace in a warming pan, purely to satisfy Jame’s dynastic ambitions. It doesn’t make sense, but it can be seen as a fairly simple piece of wish fulfilment: people just didn’t want it to be true that James had sired a Catholic heir.

Prince William

Channels of communication between English Parliamentarians and nobles who opposed James and the solidly Protestant William, Prince of Orange (a state of the Netherlands) had been open since the 1670s. William was in fact the grandson of Charles I, being the son of Charles’s daughter, Mary and so, before the birth of the baby, had been third in line to the throne. And he had himself married his cousin, James II’s daughter by from his first marriage, another Mary who – until the baby was born – had herself been first in line to the throne. In other words William had close blood ties twice over to the English ruling family. James II was his father-in-law.

For these reasons Protestant William’s position as a possible successor to Charles II, instead of Catholic James, had been widely canvased among Whig politicians during the Exclusion Crisis of 1679-81. In the event the crown passed peacefully in 1685 to James but, as he alienated more and more sectors of British society, William’s name began to reappear in political conversations – not as a direct replacement, but maybe as some kind of regent or protector, nobody was quite sure what.

William the defender

What Kishlansky’s account brings out that William was totally aware of all these developments in England and their implications for him. And not just for himself, but for his country. Since he turned of age William had played a key role in the Netherlands’ ongoing resistance to King Louis XIV of France’s ambitions to seize its territory. From the Exclusion Crisis onwards he was alert to the possibility that England, with its great wealth, its army and its powerful navy, might, in some form, come under his control. But how? What form would it take?

Thus William had well-placed spies and ambassadors in London who not only kept him informed of events but acted as propagandists for his cause, promoting him as a defender of Protestantism and traditional English liberties against the Francophile, Catholic James.

The Immortal Seven

All these tendencies crystallised in the sending of a letter to William, on 30 June 1688, jointly signed by a group of seven Protestant nobles and clerics which invited the Prince of Orange to come to England with an army. In fact William and the dissidents had been discussing what constitutional or legal forms could be used to justify his invasion since April the previous year. The letter of invitation wasn’t a spontaneous gesture but a carefully calculated contrivance agreed by both sides.

The letter

The letter asked William, who was a nephew and son-in-law of James II, to use military intervention to force the king to make his eldest daughter, Mary, William’s Protestant wife, his heir. The letter alleged that the newborn prince was an impostor. The letter told William that if he landed in England with a small army, the signatories and their allies would rise up and support him. The Invitation reprised the grievances against King James and repeated the widely held claim that the king’s son was ‘supposititious’ (the technical term for fraudulently substituted). The letter then went on to give advice about the logistics of the proposed landing of troops.

The courier

It was symbolic of the widespread disaffection throughout the English military and navy that the message was carried to William in The Hague not by a spy or diplomat but by Rear-Admiral Arthur Herbert (the later Lord Torrington) disguised as a common sailor, and identified by a secret code. It was also importantly symbolic that the seven signatories (who became known as ‘the Immortal Seven’) were not all dyed-in-the-wool opponents: five were Whigs, but two were Tories, traditionally the party of the Court.

Louis offers help

By September it had become clear that William planned to accept the invitation and to ‘invade’ England. Louis XIV could see this, too, and he offered James French support, but James a) thought his own army would suffice b) didn’t want to become even more unpopular by inviting French Catholic troops onto English soil. He also c) couldn’t believe that his own daughter, Mary, would conspire against him.

Defections

What he hadn’t anticipated was that when William did finally arrive with his Dutch army, landing at Brixham in Devon on 5 November 1688, many Protestant officers would defect from his army and join William, as did James’s younger, unmarried daughter, Anne.

James runs away

James had joined his army in Salisbury preparatory to marching south-west to engage William who had made his base at Exeter but, as key commanders and their troops defected, he lost his nerve and took horse back to London. On 11 December James tried to flee to France, first throwing the Great Seal of the Realm into the River Thames. He was captured by local fishermen in Kent hunting for just such fleeing Catholic priests and officials, but released and placed under Dutch protective guard. But William didn’t want to try or officially dethrone James, that would cause all kinds of complications and remind everyone of the execution of Charles I – it was much more convenient to occupy a throne which had been vacated – in other words to create the convenient fiction that James had abdicated of his own free will.

And so William let James escape on 23 December and take ship to France, where he was received by his cousin and ally, Louis XIV, who offered him a palace and a pension.

James’s Catholic crusade

What Kishlansky’s relatively brief chapter on James’s reign brings out, that I’d forgotten, is the astonishing speed and thoroughness with which James tried to recatholicise England.

The Duke of Monmouth’s rebellion

In 1685, soon after Charles’s death, James’s opponents in exile conceived a large-scale invasion of Britain, with a landing in Scotland to raise Protestants who had suffered under the Stuarts, and one in the West Country. The Scottish rising under the Earl of Argyll failed to materialise but Charles II’s oldest and most charismatic son, James Duke of Monmouth, landed in the West Country and raised a large army which gathered support as it marched towards Bristol. James dispatched an army to the West of England which massacred the rebel army at the Battle of Sedgmoor on 6 July 1685. But what Kishlansky emphasises is that James ensured that as many officers as possible in the winning army were Catholics.

It’s a stock A-level history question to ask why the English establishment and army gave James their full support when he crushed the Monmouth rebellion in the summer of 1685 and yet just three years later, abandoned him in droves and let him be overthrown?

Recatholicising policies

The answer is simple. In the summer of 1685 the nation as a whole didn’t yet know what to expect from James, but three short years later, they had learned the scale and thoroughness of his Catholicising ambitions. Just some among James’s many recatholicising policies include that he:

  • allowed the creation of Catholic seminaries in London, sent a message to the pope and supported newly-established Catholic presses in London and Oxford
  • set priests to convert his leading ministers and daughter Anne and sent one to convert Mary in the Netherlands
  • replaced half the royal judges with Catholics
  • appointed four Catholics to the Privy Council and composed an inner council including his Jesuit confessor
  • this council set about trying to retire JPs across the land and replace them with Catholics
  • Catholic officers were drafted into the militia and into the standing army
  • the two universities had Catholic officials imposed on them and when the fellows of Magdelen College Oxford refused to accept a Catholic warden, he had them all sacked and replaced with Catholics
  • he sent the Catholic Tyrconnell to be lieutenant-general of the Irish army and he immediately set about purging the army of Protestants; hundreds of Protestant gentry fled
  • insisted the bishops restrain anti-Catholic preaching by vicars under their charge, and set up a commission to charge Anglican officials who didn’t carry this out

All this by the end of 1686. In 1687:

  • London was stripped of Anglican aldermen, militia captains and members of livery companies
  • all Lords Lieutenant were issued three questions to ask potential JPs which required the latter to support repeal of the Test Acts

The Dissenters do not rally

Throughout his aggressive recatholicisation, James had hoped that the many Dissenters and Non-conformists who had been persecuted under Charles’s long reign would welcome change and religious toleration. But they didn’t. The Dissenters James was counting on to help him remained largely silent. He underestimated the strength of their enmity to Catholicism, with its devotion to a foreign pope and its overtones of political absolutism.

The Anglicans weary

James also took it for granted that his Anglican subjects would passively obey him, and so they did, to begin with… but ultimately he miscalculated the extent of their tolerance, building up reservoirs of opposition at every level of the political system.

James tries to engineer a supportive Parliament

Then, in November 1687, the public learned that Mary of Modena was pregnant. James redoubled efforts to set up a compliant parliament by sending commissioners to check the loyalist character of its electors around the country. More Tories were put out of their seats and replaced with Catholics or dissenters. He used whatever expedients he and his ministers could devise to ensure the selection of a parliament compliant to the recatholicising project.

The Declaration of Indulgence

So it was against this background that James reissued the Declaration of Indulgence and ordered it to be read in every Anglican pulpit, that the seven bishops petitioned for this order to reconsidered and James, a man in a tearing hurry, had them tried for seditious libel, an extraordinary proceeding. They were acquitted by a London jury.

Considered in this much detail, it’s hard to see James’s policy as anything other than a thorough and concerted attack on the Church of England and Anglican belief at every single level of society.

William of Orange’s plans–

William the defender

Meanwhile, Kishlansky goes into just as much detail about William of Orange’s position and aims. William, born in 1650, was a Protestant prodigy whose sole aim in life was to protect the Netherlands from the France of Louis XIV. Ever since he had married James II’s daughter, Mary, in 1677, England had played a part in his diplomatic calculations, and Dutch ambassadors and propagandists had been at work for some time presenting himself as a friend, and possibly saviour, of Protestant England.

William’s awareness

He had watched the political crises at the end of Charles II’s reign, the Popish Plot and Exclusion Crisis, with a canny eye, looking for his best advantage. Thus, as he saw James’s government set about alienating everyone in England and important factions in Ireland and Scotland, William was constantly aware of its impact on him and his wife, and on her and his succession to the throne.

The geopolitical threat

The birth of the Prince of Wales not only pushed him and his wife further down the order of succession, it helped to crystallise the real geopolitical threat the Low Countries faced. Louis XIV was again making belligerent noises and informed sources expected him to make a renewed attack on the Netherlands in 1689. Like his brother before him, James was a confirmed Francophile and was actually on the payroll of Louis XIV, who was subsidising his government.

Thus the situation for William was one of cold political realities: he needed to neutralise England by any means necessary in order to avoid an attack not just by France, but France in alliance with England.

William had been in touch for some time with opponents of James’s regime in England who had developed a network of dissidents and gauged the extent of opposition, not just in political circles but, crucially, in the army and navy – and the birth of the Prince of Wales triggered action on both sides.

William suggests the letter

It was William who actively asked the seven leading British political figures to write him a letter and suggesting the subject, making it an invitation to him to come and investigate a) the circumstances of the birth of James’s son and heir and b) to protect English liberties.

Even so it took four long months for William to mount an amphibious landing on England’s shores, and this period was long enough for James to discover what was being planned.

James suddenly reverses direction

In Kishlansky’s account it is almost comic the way that James, suddenly realising how many people he had alienated, set out on a charm offensive to rebuild his reputation. He suddenly announced that no Catholics would be allowed to sit in the upcoming parliament. He restored the bishop he had suspended and abolished the hated Commission for Ecclesiastical Causes. He restored all the Anglican fellows he’s sacked from Magdelen College. He abrogated all the charters on cities and boroughs since 1679, which had the effect of reinstating Tory Anglican mayors, aldermen and councillors. In the counties Tory lords lieutenant and JPs were reinstated.

William of Orange’s declaration

It was too late. In October William published a declaration in which he announced he planned to come to England in order to preserve and maintain the established laws, liberties and customs’ of the nation. Another plank of William’s strategy was to be claiming to defend the hereditary rights of his wife, Mary, as one in line to the throne, by investigating the alleged ‘supposititious’ birth of the Prince of Wales. In other words, his declaration carefully laid out a suite of arguments designed to appeal to Tories and traditionalists.

William’s invasion fleet

William assembled a huge invasion fleet, 500 ships carrying 20,000 of his best soldiers and 5,000 horses. He warned supporters to expect him on the North or West but let himself be guided by the wind which carried him down the Channel (and kept the English fleet in harbour) making landfall at Brixham in Devon on 5 November, an auspicious day for Protestants. It took two weeks to disembark his army which he marched to Exeter.

James’s army

On 17 November James left London for Salisbury where his own army was encamped. On paper he commanded 25,000 men and could expect local militias to supply at least as many again. On paper, it looked like things were heading towards an epic battle to decide the future of England. But there was no battle.

James panics

As soon as he arrived at Salisbury, James’s nerve broke. He suffered from insomnia and nosebleeds. He decided his army wasn’t large enough. Two of his most senior commanders defected. On 23 November he returned to London to discover his other daughter, Anne, had deserted him and gone to the Midlands, where insurgents for William had already taken major towns. His advisers told him to call a parliament and send envoys for peace and to ‘pardon’ William.

Negotiations

On the short wet December days the envoys struggled to make William an offer. William’s Whig advisers weren’t, in fact, that keen for a parliament to be called since they needed to time to assure their support around the country. While these negotiations were stuttering forward, all sides were astonished by the news that James had fled London. His last acts were to officially disband his army, destroy the writs required to summon a Parliament, then he threw the Great Seal into the Thames i.e. James did everything he could to sabotage the machinery of government.

Anti-Catholic riots

When Londoners learned James had fled there was an outbreak of anti-Catholic violence with rioters attacking and burning Catholic chapels. And it was now that James, in disguise, was captured by local fishermen in Kent hunting for just such fleeing Catholic priests and officials. After he was recognised, James returned to London where at least some of the crowd cheered his arrival.

William orders James to leave

William had begun his march on London and he and his supporters were stymied by this sudden reversal in the situation. After pondering all the alternatives, William sent an order to James to vacate the capital within ten hours, and an escort of Dutch guards to assist him to do so and to accompany him to Rochester.

Second time lucky

The great mystery in all of this is why James didn’t stand his ground and rally whatever patriots he could find against what was clearly a foreign invasion. But he didn’t. He meekly went along with the Dutch guard who were given instructions to let him slip away at the first opportunity and now, for the second time, James made an escape to the Kent coast, and this time successfully took ship to France.

What do we do now?

At this point the situation became humorous with the kind of comedy we find in the history of human affairs again and again, because – Nobody knew what to do. The Tories would certainly not have welcomed William’s invasion if they had thought of it as such, as a conquest by a foreign prince. The Whigs were William’s natural supporters but were themselves divided, some saying William should place Mary on the throne, convene a Parliament to ratify her succession, and then retire to become merely a king-consort. The more full-blooded Whigs wanted William as king. The leading figure of the day, Lord Halifax, pithily summed up the confusion:

As nobody knew what to do with him, so nobody knew what to do without him. (quoted on page 283)

The Convention Parliament

When he arrived in London, William summoned the Lords Temporal and Lords Spiritual to assemble, and they were joined by the privy councillors on 12 December 1688. On 26 December they were joined by the surviving MPs from Charles’s last Parliament, the one he held in Oxford (none from James’s tainted Catholic Parliaments). This assembly in turn summoned the Convention Parliament, consisting of Lords and Commoners, which recommended setting up of a ‘Convention’ to decide a way forward, which was formally opened on 22 January 1689.

The key fact was that nobody wanted civil war or the outbreak of rebellion in either Scotland or Ireland. The solution had to be fast. And so it was that the knottiest problem in English history was solved by the Convention Parliament in just two weeks!

Lords and Tories

In the House of Lords some, especially the bishops, wanted a simple restoration of James, the rightful king. Other Tories suggested that William and Mary might rule as ‘regents’ until the death of James II, and then Mary would reign as rightful queen thereafter. William, Mary and Anne all let it be known that they opposed this option, the two women deferring to the male monarch.

Whigs

In the House of Commons, Whigs put forward a formula that James had abrogated the contract between a sovereign and his people by abdicating. But 1. the notion that monarchy rested on some kind of voluntary contract between sovereign and people was unprecedented and revolutionary in implication, and 2. it was far from clear that James had, in fact, abdicated. He had been ordered to leave.

Plus 3. the whole point of a hereditary monarchy is that the throne is never vacant: the moment one monarch dies, his or her heir succeeds. Even if James had abdicated, then his son the Prince of Wales automatically became the rightful heir – but nobody at all wanted rule by a baby (referred to by many of the debaters as ‘the brat’, according to Kishlansky). And 4. the notion that abdication created a sort of vacuum which had to be sorted out by the people implied another revolutionary idea – that the people in some sense elected their monarch. An elective monarchy.

Reluctant acceptance

Nobody wanted to explicitly say this, as it made a mockery of the fixed hierarchical principles on which the whole of English society rested. But nonetheless, this notion of an agreement by the people to choose a sovereign was the formula which was eventually accepted for the simple reason that the alternative – that the king had been overthrown by an armed invasion – was worse. That idea would legitimise the violent overthrow of the rightful monarch and take everyone back to the constitutional chaos of the 1640s.

Arguments

The differing arguments were played out in disagreement between the Commons, which accepted the new reality, and the Lords who held out for significant rewording the Act agreed by the Commons. The deadlock dragged on for days until William, always a busy man, threatened to go back to Holland and leave the English with a broken country.

The Lords capitulated and both Houses passed an Act declaring William and Mary joint King and Queen of Britain.

The Declaration of Rights

While the politicians had been arguing, the nation’s top lawyers had been drafting a Declaration of Rights. Like the Act, the Declaration had to be very careful in its language, ambiguous at a number of key moments in order not to alienate the different groupings of Whigs and Tories.

A compromise

Like many other constitutional documents (the Magna Carta or the American Constitution) The Declaration of Rights was less a bold statement of timeless principles than a fix-up designed to be acceptable to the largest number of the political nation. As it progressed through drafts, it evolved into a ringing restatement of old and existing laws and liberties, sweeping away James’s innovations, but not proposing anything new.

Even then, the situation called for equivocation. If William had been forced to agree to the Declaration, he would have become in effect an elected monarch and the monarchy and elective monarchy – something which was anathema to most of the bishops and lords and Tories throughout the land.

A tricky coronation

William’s coronation had to be accompanied by the Declaration but not dependent on it. Hence the peculiar fact that at William’s more-elaborate-than-usual coronation on 11 April 1689, the Declaration was read out before William was crowned, and he referred to it in the speech after his coronation as embodying the principles for which he had entered the country – but it was carefully made clear that his crowning was in no way dependent on accepting the Declaration. And no-one mentioned abdication or contracts or elective monarchies or anything like that. Shhh.

Muddling through

Once again the English had managed their way through a massive constitutional crisis on the basis not of logical principles, but of fudging and mudging, of masking ambiguity and unclarity in robes and orbs and high ceremonial. Was it a triumph of enlightened constitutional principles, or of English pragmatism, or of barely concealed hypocrisy?

However you interpret it, what came to be called ‘the Glorious Revolution’ certainly solved one immediate and pressing problem, but laid up a whole series of longer-term challenges for the future.

Related links

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by Simon on September 4, 2020  •  Permalink
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Posted by Simon on September 4, 2020

https://astrofella.wordpress.com/2020/09/04/a-monarchy-transformed-britain-1603-1714-by-mark-kishlansky-1996-7-the-reign-of-james-ii/

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