James had not been many hours King when a dispute arose between the two heads of the law. The customs had been settled on Charles for life only, and could not therefore be legally exacted by the new sovereign. Some weeks must elapse before a House of Commons could be chosen. If, in the meantime, the duties were suspended, the revenue would suffer; the regular course of trade would be interrupted; the consumer would derive no benefit, and the only gainers would be those fortunate speculators whose cargoes might happen to arrive during the interval between the demise of the crown and the meeting of the Parliament. The Treasury was besieged by merchants whose warehouses were filled with goods on which duty had been paid, and who were in grievous apprehension of being undersold and ruined. Impartial men must admit that this was one of those cases in which a government may be justified in deviating from the strictly constitutional course. But when it is necessary to deviate from the strictly constitutional course, the deviation clearly ought to be no greater than the necessity requires. Guildford felt this, and gave advice which did him honour. He proposed that the duties should be levied, but should be kept in the Exchequer apart from other sums till the Parliament should meet. In this way the King, while violating the letter of the laws, would show that he wished to conform to their spirit, Jeffreys gave very different counsel. He advised James to put forth an edict declaring it to be His Majesty's will and pleasure that the customs should continue to be paid. This advice was well suited to the King's temper. The judicious proposition of the Lord Keeper was rejected as worthy only of a Whig, or of what was still worse, a Trimmer. A proclamation, such as the Chief Justice had suggested, appeared. Some people had expected that a violent outbreak of public indignation would be the consequence; but they were deceived. The spirit of opposition had not yet revived; and the court might safely venture to take steps which, five years before, would have produced a rebellion. In the City of London, lately so turbulent, scarcely a murmur was heard.234The proclamation, which announced that the customs would still be levied, announced also that a Parliament would shortly meet. It was not without many misgivings that James had determined to call the Estates of his realm together. The moment was, indeed. most auspicious for a general election. Never since the accession of the House of Stuart had the constituent bodies been so favourably disposed towards the Court. But the new sovereign's mind was haunted by an apprehension not to be mentioned even at this distance of time, without shame and indignation. He was afraid that by summoning his Parliament he might incur the displeasure of the King of France.
To the King of France it mattered little which of the two English factions triumphed at the elections: for all the Parliaments which had met since the Restoration, whatever might have been their temper as to domestic politics, had been jealous of the growing power of the House of Bourbon. On this subject there was little difference between the Whigs and the sturdy country gentlemen who formed the main strength of the Tory party. Lewis had therefore spared neither bribes nor menaces to prevent Charles from convoking the Houses; and James, who had from the first been in the secret of his brother's foreign politics, had, in becoming King of England, become also a hireling and vassal of France.
