itself. Even the princess of Orange, for presuming to intercede with the king in behalf of the bishop, who had long flood high in her efteem and favor, was feverely reprimanded for interfering in affairs with which fhe had no concern.

As if the king had formed a determination to involve himfelf every day in fome new difficulty, a royal mandate was fent to the university of Cambridge, requiring the degree of mafter of arts to be conferred on father Francis, a benedic. tine monk. The univerfity, plainly perceiving that by a compliance with this mandate a door would be opened for the admiffion of papists, who would foon become a majority of the fenate, peremptorily refused to obey the king's order; and the vice-chancellor was fummoned before the ecclefiaf tical commiffioners to anfwer this contempt; and by fentence of the court was ejected from his office. The king also chose this opportunity to engage in a quarrel of a still more serious nature with the university of Oxford. That learned body had a few years before paffed a folemn decree in full convocation, approving and confirming the doctrines of paffive obedience and non-refiftance in the most explicit terms. The time was now arrived to demonstrate the difference between the theory and practice of these abfurd principles. The prefident of Magdalen college, one of the richeft foundations in the univerfity, dying at this juncture, a mandate was fent in favor of one Farmer, a papift, and a man in other refpects by the ftatutes of the college ineligible to the office. The fellows of the college made fubmiffive applications to the king to recall his mandate. But the king not deigning to notice them, they unanimoufly chose Dr. Hough, a man eminent both for virtue and ability, and who afterwards filled with diftinguifhed reputation the fee of Worcester. The new prefident and fellows, being cited before the ecclefiaftical commiffioners for this contumacy, brought allegations against Farmer of fuch a nature that the court did not deem it expedient to infift upon their nomination. But affirming that the college ought to have fhewn

more

more respect to the king's letter than to proceed to an election in oppofition to it, the commiffioners took upon them to declare Hough's election null, and to put the house under fufpenfion. And a new mandate was issued in favor of Parker, an abject tool of the court, and lately created bishop of Oxford. The college humbly reprefented, "that a president having being already legally chofen, it was not in their power to deprive him of his office, or to fubstitute any other in his place-that, even in cafe of a vacancy, Parker did not pofsess the ftatutable qualifications which by oath they were bound to obferve; and, as their loyalty had been ever confpicuous, they entreated his majesty to believe that their present opposition to his royal will arose folely from their inability to conform to it." No impreffion however was made on the haughty and inflexible difpofition of the king by these arguments; and, in a vifit which he made to the university not long afterwards, he fent for the prefident and fellows to attend him in person, and in high and menacing language commanded them without further excufe or delay to choose Parker for their prefident. As the college ftill refused to degrade themselves by compliance, the new prefident was at length rejected by open violence. The doors of his house were broken open, and Parker by a forcible seizure put into poffeflion. The fellows, excepting two, who were base enough to fubmit, were likewife deprived of their fellowfhips, which were without any procefs of law bestowed upon men entirely devoted to the king's will and pleasure; and who, on the fudden death of Parker, chofe one Gifford, a doctor of the Sorbonne, as their prefident, who was also nominated to the vacant fee of Oxford.

This act of undifguifed defpotifm inflamed the minds of all ranks and orders of men with anger and indignation. Fellowships being, by the univerfal confent of the lawyers, of the nature of freeholds, it was evident that no man's property was fecure, and that nothing lefs than the abfolute fubverfion of the whole frame and conftitution of government

was

was to be apprehended. Popery could only be eftablished by tyranny; and the nation began now in earnest to confider of the means of refiftance. And the eyes of all feemed fixed as with one confent on the prince of Orange; from whom alone timely and effectual relief could be expected in this season of difficulty and danger. This daring outrage, however, was quickly followed by a transaction ftill more extraordinary, and which displayed the infatuation and extravagance of the king in colors ftill more ftriking and vivid."

A fecond declaration of indulgence was published in terms not materially different from the former: and to this declaration an order was fubjoined, that it fhould be read in all the churches throughout the kingdom immediately after the celebration of divine fervice. This mandate being juftly regarded by the clergy as a direct and flagrant infult upon their order, by virtually making them the inftrument of the ruin of that church of which they were ordained the minifters; they almost unanimously resolved, notwithstanding their rooted prejudices in favor of royalty, to refufe obedience to this injunction. Sancroft, archbishop of Canterbury, a man of high monarchical principles but of inflexible integrity, after confulting fuch of his brethren as he could convene on this emergency, agreed with them to prefent a petition to the king against the declaration of Indulgence; ftating in the most submissive terms their reasons why they could not, as they expreffed themselves, in prudence, honor, or conscience, fo far make themfelves parties to it, as a diftribution of it all over the nation, and the folemn publication of it, once and again, even in God's houfe and in the time of divine fervice, must amount to in common and reasonable conftruction." The king received this petition with vehement marks of indignation. He told them " he was their king, and would be obeyed, and that they should feel what it was to difpute his authority."

After the delay of a fortnight, during which interval the most moderate even of the catholics attempted in vain to

foften

foften and abate the anger of the king; the bishops, who were seven in number, were cited to appear before the privy council. The petition being produced, they were afked whether they would acknowledge it as their petition. To this, after fome hesitation, they answered in the affirmative; upon which a warrant was made for their commitment to the Tower, and the crown lawyers received orders to profecute them as the authors of a feditious and fcandalous libel. The paffions of the people were now completely roufed; and when the day fixed for the trial of these venerable confeffors arrived, the refult of it was expected with inexpreffible ardor and anxiety. According to the pofitions maintained by the generality of lawyers, a verdict ought to have been found against the bishops without hefitation. For it is affirmed, that the law of England allows jurors to be judges only of the fact, and leaves all questions of law to be determined by the courts of law. The fact in this cafe was indubitable; the bishops had expressly avowed themselves the authors of the petition: and if the queftion of law, whether it were feditious or libellous in its tendency, were referred to the court, it may easily be conjectured in what manner it would have been decided. Happily, to the sophistry and fubtility of legal refinement common sense may be ever fuccessfully opposed; and common fenfe teaches us that, when the question of law is fo involved and blended with the matter of fact, that the fact itself, as containing a criminal allegation, can only be ascertained by deciding upon the point of law, then it is not merely the privilege but the duty of a jury, according to the beft lights which they are able to attain, to include both in one general verdict; otherwife juries in fuch cafes become wholly fuperfluous, infignificant and contemptible. "The traitorous or evil intent," fays fir Matthew Hale in his Pleas of the Crown, "is the very gift of an indictment, and must be answered by the plea of not guilty and the jury are bound to take notice of

the

the defenfive matter adduced to difprove the allegation, and to give their verdict accordingly.-It would be," adds this great magistrate, "a moft unhappy cafe even for the judge himself, if the defendant's or prisoner's fate depended upon his directions. Unhappy also for the prifoner; for, if the judge's opinion must rule, the trial by jury would be uselefs."

After a trial of near eleven hours, fucceeded by a confultation of the jury which lafted the whole night, the bishops were pronounced "Not guilty;" to the infinite joy and fatisfaction of the furrounding multitudes, who filled the air with fhouts and acclamations. And this victory over a monarch who had now incurred the general deteftation of his fubjects, was celebrated by illuminations and public rejoicings throughout every part of the kingdom. The king, who was at this period with the army, encamped as ufual for several fummers paft on Hounslow Heath, was fuddenly alarmed with the appearance of a general tumult amongst the foldiers, accompanied with wild and extravagant demonftrations of joy. Upon enquiring the cause of the earl of Feverfham, he was told, "that it was nothing but the rejoicings of the foldiers for the acquittal of the bishops.""Do you call that nothing?" faid the king." But fo much the worse for them." Subfequent circumftances, however, happily did not allow him to execute the defigns, whatever they might be, which his malignant revenge at the moment fuggefted.

The policy of James in thus collecting his forces together in one body, was much questioned by the most fagacious of his own adherents. By enjoying the perpetual means of focial intercourse, they encouraged and animated each other to refift the farther progress of defpotifm, and not to fuffer themselves to be made the vile and passive inftruments of enflaving their fellow-fubjects and of extirpating the proteftant religion. The fpirit by which the army was actuated, appeared on a variety of occafions; but the king was as a man

walking