The State-trap of the Law, however, long survived Defoe's hymn to it, and was unworthily employed against many another great Englishman before its abolition. That event was delayed till the first year of Queen Victoria's reign; the House of Lords defending it, as it defended all other abuses of our old penal code, when the Commons in 1815 passed a Bill for its abolition.

About the same time, Parliament ordered to be burnt by the hangman a pamphlet against the Test, which one John Humphrey, an aged Nonconformist minister, had written and circulated among the members of Parliament.[154:1] There seems to be no record of the pamphlet's name; and I only guess it may be a work entitled, A Draught for a National Church accommodation, whereby the subjects of North and South Britain, however different in their judgments concerning Episcopacy and Presbytery, may yet be united (1709). For, to suggest union or compromise or reconciliation between parties is generally to court persecution from both.

A book that was very famous in its day, on the opposite side to Defoe, was Doctor Drake's Memorial of the Church of England, published anonymously in 1705. The Tory author was indignant that the House of Lords should have rejected the Bill against Occasional Conformity, which would have made it impossible for Dissenters to hold any office by conforming to the Test Act; he complained of the knavish pains of the Dissenters to divide Churchmen into High and Low; and he declared that the present prospect of the Church was "very melancholy," and that of the government "not much more comfortable." Long habit has rendered us callous to the melancholy state of the Church and the discomfort of governments; but in Queen Anne's time the croakers' favourite cry was a serious offence. The Queen's Speech, therefore, of October 27th, 1705, expressed strong resentment at this representation of the Church in danger; both Houses, by considerable majorities, voted the Church to be "in a most safe and flourishing condition"; and a royal proclamation censured both the book and its unknown author, a few months after it had been presented by the Grand Jury of the City, and publicly burnt by the hangman. It was more rationally and effectually dealt with in Defoe's High Church Legion, or the Memorial examined; but one is sometimes tempted to wish that the cry of the Church in danger might be as summarily disposed of as it was in the reign of Queen Anne, when to vote its safety was deemed sufficient to insure it.

Drake's misfortunes as a writer were as conspicuous as his abilities. Two years before the Memorial was burnt, his Historia Anglo-Scotica, purporting to give an impartial history of the events that occurred between England and Scotland from William the Conqueror to Queen Elizabeth, was burnt at Edinburgh (June 30th, 1703). It was dedicated to Sir Edward Seymour, one of the Queen's Commissioners for the Union, and a High Churchman; and as it also expressed the hope that the Union would afford the Scotch "as ample a field to love and admire the generosity of the English as they had theretofore to dread their valour," it was clearly not calculated to please the Scotch. They accordingly burned it for its many reflections on the sovereignty and independence of their crown and nation. As the Memorial was also burnt at Dublin, Drake enjoys the distinction of having contributed a book to be burnt in each of the three kingdoms. He would, perhaps, have done better to have stuck to medicine; and indeed the number of books written by doctors, which have brought their authors into trouble, is a remarkable fact in the history of literature.

Next to Drake's Memorial, and closely akin to it in argument, come the two famous sermons of Dr. Sacheverell, the friend of Addison; sermons which made a greater stir in the reign of Queen Anne than any sermons have ever since made, or seem ever likely to make again. They were preached in August and November 1709, the first at Derby, called the Communication of Sin, and the other at St. Paul's. The latter, Perils among False Brethren, is very vigorous, even to read, and it is easy to understand the commotion it caused. The False Brethren are the Dissenters and Republicans; Sacheverell is as indignant with those "upstart novelists" who presume "to evacuate the grand sanction of the Gospel, the eternity of hell torments," as with those false brethren who "will renounce their creed and read the Decalogue backward . . . fall down and worship the very Devil himself for the riches and honour of this world." In his advocacy of non-resistance he was thought to hit at the Glorious Revolution itself. "The grand security of our government, and the very pillar upon which it stands, is founded upon the steady belief of the subject's obligation to an absolute and unconditional obedience to the supreme power in all things lawful, and the utter illegality of any resistance upon any pretence whatsoever."

Then came the great trial in the House of Lords, and Sacheverell's most able defence, often attributed to his friend Atterbury. This speech, which Boyer calls "studied, artful, and pathetic," deeply affected the fair sex, and even drew tears from some of the tender-hearted; but a certain lady to whom, before he preached the sermon, Sacheverell had explained the allusions in it to William III., the Ministry, and Lord Godolphin, was so astonished at the audacity of his public recantation that she suddenly cried out, "The greatest villain under the sun!" But for this little fact, one might think Sacheverell was unfairly treated. At the end of it all, however, he was only suspended from preaching for three years, and his sermons condemned to be burnt before the Royal Exchange in presence of the Lord Mayor and sheriffs; a sentence so much more lenient than at first seemed probable, that bonfires and illuminations in London and Westminster attested the general delight. At the instance, too, of Sacheverell's friends, certain other books were burnt two days before his own, by order of the House of Commons: so that the High Church party had not altogether the worst of the battle. The books so burnt were the following:—1. The Rights of the Christian Church asserted against the Romish and all other Priests. By M. Tindal. 2. A Defence of the Rights of the Christian Church. 3. A Letter from a Country Attorney to a Country Parson concerning the Rights of the Church. 4. Le Clerc's extract and judgment of the same. 5. John Clendon's Tractatus Philosophico-Theologicus de Persona: a book that dealt with the subject of the Trinity.

Boyer gives a curious description of Sacheverell: "A man of large and strong make and good symmetry of parts; of a livid complexion and audacious look, without sprightliness; the result and indication of an envious, ill-natured, proud, sullen, and ambitious spirit"—clearly not the portrait of a friend. Lord Campbell thought the St. Paul sermon contemptible, and General Stanhope, in the debate, called it nonsensical and incoherent. It seems to me the very reverse, even if we abstract it from its stupendous effect. Sacheverell, no doubt, was a more than usually narrow-minded priest; but in judging of the preacher we must think also of the look and the voice and the gestures, and these probably fully made up, as they so often do, for anything false or illogical in the sermon itself.

At all events, Sacheverell won for himself a place in English history. That he should have brought the House of Lords into conflict with the Church, causing it to condemn to the flames, together with his own sermons, the famous Oxford decree of 1683, which asserted the most absolute claims of monarchy, condemned twenty-seven propositions as impious and seditious, and most of them as heretical and blasphemous, and condemned the works of nineteen writers to the flames, would alone entitle his name to remembrance.[160:1] So incensed indeed were the Commons, that they also condemned to be burnt the very Collections of Passages referred to by Dr. Sacheverell in the Answer to the Articles of his Impeachment.

But Parliament was in a burning mood; for Sacheverell's friends, wishing to justify his cry of the Church in danger, which he had ascribed to the heretical works lately printed, easily succeeded in procuring the burning of Tindal's and Clendon's books, before mentioned. Nor can any one who reads that immortal work, The Rights of the Christian Church, asserted against the Romish and all other Priests who claim an independent power over it, wonder at their so urging the House, however much he may wonder at their succeeding.

The first edition of The Rights of the Christian Church appeared in 1706, published anonymously, but written by the celebrated Matthew Tindal, than whom All Souls' College has never had a more distinguished Fellow, nor produced a more brilliant writer. In those days, when the question that most agitated men's minds was whether the English Church was of Divine Right, and so independent of the civil power, or whether it was the creature of, and therefore subject to, the law, no work more convincingly proved the latter than this work of Tindal; a work which, even now, ought to be far more generally known than it is, no less for its great historical learning than for its scathing denunciations of priestcraft.