vlB m -î'vfï ".,* , 4?î;. ; > ■ i ■ i ^umsssa m H ^M ^>^£> Ipawx y,€<77Z/ /^ HISTORY OF THE COUNTER - REVOLUTION IN ENGLAND, Jfor tf)c $U?tgta%ltgf)ment of SPopcrg, UNDER CHARLES II. AND JAMES II. ARMAND CARREL. HISTORY OF THE REIGN OF JAMES II. BY THE RIGHT HON. C. J. FOX. LONDON: DAVID BOGUE, FLEET STREET. MDCCCXLVI. MEMOIR OF ARMAND CARREL. Ox tlie 2Gth of March, IS'23, a young man of twenty-three stealthily embarked at Marseilles iu a Spanish fishing vessel bound for Barcelona ; but the evening before, he had worn the epaulette of sub-lieutenant of the ^ n th regiment of the line. Somewhat compromised in the opinion of his -eriors by his liberal opinions, he had been ordered to remain at the ot at Aix, while his regiment was sent to share in the expedition di- ced by the government of the elder branch of the Bourbons against the .mish revolution. The young officer, thirsting for action, had vainly tested against the order which condemned him to repose ; having re- ved as an only reply, a threat of dismissal, he decided upon sending in ; resignation, and thus restored to liberty, precluded from fighting in the ^ .ench ranks, and, moreover, drawn by his opinions to the cause of the Spanish constitutionalists, he departed, all joyous, unknown to his parents or friends, to place his sword and his life at the service of that cause. On his arrival at Barcelona, he found the town filled with refugees from all nations, mostly old soldiers of the empire, attracted to Spain by the love of war, the taste for adventure, and the hope of revenge upon the white flag. While other refugees, encamped upon the banks of the Bi- dassoa, vainly endeavoured to gain over the army of the Bourbons by waving the tri-coloured flag before their eyes, the French assembled at Bar- celona, formed themselves into a battalion, called the battalion of Napo- leon II., clothed in the uniform of the old guard, and marching under the imperial eagle. Soon reduced in numbers by the rapid successes of the army of invasion, this French battalion was organized, with the other foreign companies, into a single corps, which, under the name of the Foreign liberalist legion, formed a battalion of infantry, and a small squadron of lancers. Many companies of it were composed entirely of officers ; there were two generals in the ranks carrying the lance ; one half of them were Frenchmen, and the rest had served in the Imperial armies. The uniform and colours were those of the empire ; a brilliant and gallant officer, colonel Pachioretti, had organized this legion, and com- manded it. It was under him that for many months were seen men, col- lected from all parts of Europe, almost all old soldiers of the great captain come to a strange country to defend a cause which they looked upon as their own, rallied under the ascendancy of a loftv mind, marching where it VI MEMOIR OF ARMAND CARREL. led them, suffering and fighting without the hope of praise or in any way- changing, do what they might, the desperate state of their cause ; having no other prospect before them but that of a miserable end amidst a country in arms against them, or death in the court-yard as prisoners, if they escaped that of the battle-field. It was in this rude school of strife and misery, in this campaign of Cata- lonia, of which he was one day to be the eloquent historian, that the young officer from Marseilles fought his first fight, with a bravery and a talent worthy a better fate ; for the Foreign liberalist legion, ill seconded by the Spanish troops, after having been decimated in numerous encounters, was at length overwhelmed before Figuiéres, after a combat of two days, the fierce determination of which proved that they were Frenchmen who fought on either side. On the third day, the small foreign phalanx, diminished by two-thirds, but resolved to die weapon in hand rather than incur the pun- ishment reserved by the French laws for most of the survivors, prepared to fight till the death of the last man, when general baron de Damas proposed a capitulation, by which he granted the ordinary conditions to the Spaniards and other foreigners, and pledged himself to obtain the pardon of the French refugees. This capitulation, the terms of which w r ere afterwards contested by the refugees, was not fully ratified by the government of the restoration, at least, not as to the latter, for immediately that, re-entering France, wearing their swords and uniforms, they appeared at Perpignan, they were seized and carried before councils of war. M. de Damas, whose guarantee they appealed to, declared that he had engaged only to obtain their life from the king's mercy, but not to protect them from the condemnation which they might incur for having borne arms against France. Most of them refused to admit of any modification of the convention of Figuiéres, and among the most determined in demanding the honourable fulfilment of a capitulation of which he was denied the security, the young officer in question was chiefly distinguished. The idea of being regarded by military judges as a deserter taken in arms, and who had surrendered at discretion, was odious to him ; and rather than place himself at the royal mercy, he preferred, despite the remonstrances of his family, to take the chance of a judicial struggle, which, in case of failure, would endanger his position. Twice condemned to death at Perpignan, he contrived tc have those two sentences annulled for defects of form ; brought before a third council of war at Toulouse, he was ably defended by the celebrated advocate, Romiguières. The passions which had given birth to the war in Spain were already somewhat calmed ; the bravery, the youth, the noble and open physiognomy of the accused, some earnest and touching expressions which he himself delivered in his defence, all moved the hearts of the judges ; and upon the simple proof of the existence of the capitulation, he was acquitted by a majority of six to one, and re-entered society, not as a pardoned criminal, but as a conquered soldier, who had owed his life to his sword alone. However, that sword was now broken; the military career, which he had embraced from taste, was for ever closed to the young sub-lieutenant, but Fortune reserved brilliant compensation for him. But a few years, and this obscure officer, changing his sword for a pen, MEMOIR OP ARMAND CARREL. Vil was to achieve with that pen, which he wielded like a sword, the rank of general in chief of the grand army of journalists, that most undisciplined army of all that ever existed, numbering as many generals as it does soldiers. Again, a few years, and aided by a revolution, this sub-lieutenant was to become, both in the eyes of his adversaries and of his Mends, the loftiest, the most brilliant personification of the political press of France ; and yet again a few years, and the bloody and premature death of this sim- ple journalist, unhappily too adherent to the manners of the soldier, was to produce in France and in Europe a sensation as vivid as that produced by the death of a powerful king. Thirty thousand persons of every rank were to escort his remains to his grave, and men were to see the greatest literary genius of our age, the statesman who, from his cabinet, gave motion, in 1823, to the army of Spain, the most illustrious of the emigrants of the white flag, weeping over the tomb of the bravest emigrant of the tri-coloured flag. Jean Baptiste Nicolas Armand Carrel was born at Eouen, on the 8th of May, 1800, of a mercantile family; after having partly gone through his classical studies in the college of that city, he obtained his father's permis- sion to follow the inclination winch drew him to a military career, and he entered the school of Saint Cyr. " At Saint Cyr," says M. Littré, " he distinguished himself by his taste for military exercises and the boldness of his political opinions. He was looked upon, from the out- set, as an ill-affected person, and was consequently kept under close surveillance, and even persecuted by the superior general, d'Albignac. One day, the general having said to him that, with opinions like his, he should take to the yard measure at his father's counter : " General," answered Carrel, " if I do take it up, it will not be to measure cloth with it." This daring reply occasioned his arrest, and there was a question even of expelling him. But Carrel wrote direct to the minister of war, explained the facts to him, and completely gained his cause. Caring little for the studies which might make him attain a first rank as an officer, Carrel paid indifferent attention to mathematics, but much to literature, and as his compositions were solely narratives of battles and military harangues, he left his fellow-pupils far behind him, as well by the purity and precision of his style, as by the bold ideas which he made such admirable use of when peculiar energy was required." Having, in 1821, entered, as sub-lieutenant, the 29th regiment of the line, then in garrison at Béfort and IS. euf-Brisach, he had some share in the military conspiracy known as the conspiracy of Béfort; but, fortunately for him, his complicity escaped the investigations of the police. Being with his regiment at Versailles, he wrote, as his début in the career of journalism, a letter to the Spanish cortes, which procured him, from general de Damas, general of his division, a paternal admonition, and doubt- less contributed to his being left at the depot at the time of the expedi- tion. We have seen how he indemnified himself for the inactivity sought to be imposed upon him, and how his campaign in Catalonia brought him before the councils of war. After his last acquittal, and his release from the prison of Toulouse, he came, in September, 1824, to Paris, where he found himself, without resources, without profession, under the displeasure of his family, and pressed to adopt some profession instead of that'he had lost. He first thought of studying the law, w r ith a view to the bar, but he had entered Saint Cyr before taking a degree in philosophy, and had not, accordingly, the diploma of bachelor, without which he could not enter. Although, during his garrison life, and Vlll MEMOIR OF ARMAND CARREL. his long sojourn in the prisons of Perpignan and Toulouse, he had read and written much for his own private instruction, it did not at first occur to him to attempt the literary career : his family wished him to devote himself to commerce. M. Isambert, who had been his counsel in his appeals, gave him letters of introduction to M. Girardin and M. Lafitte, it being in contemplation to place him in a banking house, but these various steps led to nothing, and the young Carrel already began to discover that it was more difficult to gain a livelihood at Paris than to make war in Catalonia, when one of his friends, M.Arnold Scheffer, proposed him as secretary to M.Augustin Thierry, who was then completing his Histoire de la Conquête d Angleterre par les Nor- mans, and whose already failing sight required the eyes of an intelligent and active colleague. The illustrious historian offered him a salary equal to his late pay; and, to remove all idea of subordinancy, which would have been painful to so proud a soul, he exhibited to him his task, as that of a man selected to as- sist in his historical researches, adding : " This work will oiler little to amuse, but some instruction may, perhaps, be derived from it." A post offered with so much delicacy was accepted with eager gladness. " The department assigned to Carrel, when installed with M. Thierry, consisted," says M. Msard, "in making researches, arranging, putting notes in order, and correcting proofs of the Histoire de la Conquête. These labours, and others of the same kind, are dry and subaltern only in common hands ; a superior mind finds therein materials whereon to display his sagacity and his taste. Carrel, from the first, showed in this work such high qualities, that in a short time the line of demarcation between the secretary and the accomplished author was gradually effaced. M. Thierry, with that noble modesty which distinguishes him, fully acknowledges all that his last volume of the Histoire de la Con- quête owed to the co-operation of Carrel. Six months passed away thus; Carrel had not yet written anything on his own account. A bookseller having asked M. Thierry to draw up a summary of the history of Scotland, Thierry, who could scarcely accomplish the labours he already had in hand, engaged Carrel to undertake it. Carrel applied himself to the work, and drew up, aided by the Histoire de la Conquête, a brief and effec- tive summary, to which, for the purposes of the bookseller, M. Thierry wrote an intro- duction. The work was so successful that Carrel refused any further salary from M. Thierry. The latter would not, at first, consent to this ; but Carrel insisting, it was agreed that he should receive it for three months longer, after which he should be entirely at his own disposition. In the interval, Carrel's mother made a journey to Paris. M. Thierry's letters had not satisfied her. Her idea of the position of a man 'of letters was by no means flattering. It was necessary for M. Thierry to renew emphatically his first assurances, and himself, as it were, to guarantee the literary talent, and the consequent future success in life, of her son. At two dinners to which she invited M. Thierry, she eagerly questioned him upon this subject. ' You think then, Monsieur, that my son will get on, and that he will make his way well ?' ' I answer for him as for myself,' said M. Thierry. ' I have had some experience in literary matters ; your son has all the qualities which ensure success in the present day. . . The young man listened in silence, respectful, submissive, and, as M. Thierry relates, almost timid, in the presence of his mother, whose decision and firmness of mind had great influence over him. Carrel here only bowed before his own qualities ; for what he respected in his mother was simply that which, at a later period, was to make himself respected as a public man." Meantime, the success promised to Carrel in the career of literature was slow in coming. After having left M. Thierry, he published, by his ad- vice, a new Resume de l'Histoire de la Grèce Moderne. The very moderate produce of these two first works enabled Carrel for a short time to enjoy independence ; but his purse was soon exhausted. He was obliged to seek a livelihood by the precarious occupation of a subaltern press-writer, taking MEMOIR OF ARMAND CARREL. IX about to the various journals and reviews articles sometimes refused — some- times forgotten in the editor's portfolio. This melancholy existence, which would have been insupportable for Carrel, had he not had, in his soldierly tenaciousness, a means always at hand to secure him from the insolence or disdain of the more fortunate, lasted several months, and his pecuniary difficulties became such that he was obliged again to think of commerce. "He selected," says M. Nisard, "that of books, as least separating him from his literary habits, A request for capital was made to his family, who sent him the means of estabhshing, in partnership with a friend, a modest bookseller's shop, which did not exist long enough to ruin any one. The capital alone was lost, at least so much of it as had not been applied to the support of Carrel for several months. It was here, in the back-shop, upon a counter,* to which a large Newfoundland dog was chained, that Carrel, sometimes immured in English political collections, sometimes caressing his favourite dog, meditated and wrote the Histoire de la contre-révolution en Angleterre. This book appeared in February 1827." In this work, the first he had written from taste rather than to the order of some bookseller, Carrel infused enough of himself to enable us in read- ing it to form an idea of the state of his mind when he composed it ; but it was not until a year later, in 1828, in two long articles upon the war in Spain, published in the Revue Français, that Carrel, called upon to speak of things and men whom he had himself seen, to describe feelings and pas- sions which he had shared or combated, fully manifested himself to the public with all his distinguishing attributes, that firm and decided bearing, that manner, so unflinching, yet so unassuming, because so undoubting of itself, that style, so skilful a combination of vivid colouring and close pre- cision, of elegance, clearness, and vigour, which gave such admirable relief to his writings. The narrative is not only distinguished by the severe beauty of form, the uprightness, the loftiness, of its ideas ; it is stamped with a character of jus- tice and impartiality very remarkable in a soldier, but which did not always protect Carrel from yielding to the excitement of daily polemics. Shortly afterwards, the establishment of the National, the first number of which appeared on the 1st of January, 1800, opened to Carrol the arena in which he was to experience all the delight, all the ardour, all the intoxica- tion, all the triumphs, and all the dangers, of the field of battle. United, at this time, by the ties of friendship and of similar opinions, with MM. Thiers and Mignet, he founded, in concert with them, and with the support of the chiefs of the extreme liberal opposition, that paper which was destined to bring about in France a revolution of 1688. M. Littré here speaks, without any proof beyond the assertion itself, of a radical difference of opinion, which, from the outset, divided M. Thiers and Carrel ; he alleges that the views of Carrel already went much farther than the substitution of one dynasty for another ; and he adds, that, accord- ingly, his co-operation in the National was limited, and almost confined to a few literary criticisms. It is true that Carrel — at first occupying the third rank in the direction of the National, according to an arrangement concluded between its three originators, in pursuance of which each of them by turns was to have the supreme direction of the paper for one year, a direction given first to M. * This counter, which is merely a rough table, was bought by M. de Chateaubriand at the sale of Carrel's furniture. X iMEMOIR OF ARMAND CARREL. Thiers, and which was next to devolve upon M, Mignet — it is true that Carrel, in his consciousness of his own worth, ill enduring to he eclipsed by his two colleagues, whose literary and political position was then superior to his own, kept himself somewhat aloof during this first period of the National. An article upon the death of Alphonze Kabbe, another, and a very touching one, upon the suicide of young Sautelet, acting editor of the new paper, an essay upon the life and writings of Paul Louis Courrier, and two curious and striking articles against the dramas of the romantic school, for which Carrel had never any taste, were almost the only indications of his co-operation in the National, from January to July, 1830. But, to attribute this reserve, on the part of Carrel, to a fundamental difference of opinion as to the direction of the journal, is to render it impossible to explain how and why Carrel, when sole director of the National after the revolution of July, conducted it almost exactly on the same principle as that pursued by M. Thiers. If Carrel had, ever since the restoration, been so deeply per- vaded with republican views, how could he so long have defended the monarchy of July against its adversaries of every grade, and waited so long ere he passed into their ranks. Carrel was still in that position of uneasiness and unsatisfied ambition, when the ordinances of July appeared : they found him prepared for resis- tance, but, like many others, little confident in its efficacy. On the 26th of July, in a supplement to the National, distributed at mid-day, and containing the ordinances, he himself wrote the first appeal to the individual energy of the citizens ; the following day he signed the general protest of the jour- nalists, drawn up by M. Thiers, and likewise emanating from the National ; and then, when the firing was going on between the people and the troops, he was seen, according to M. Louis Blanc, wandering about the streets, without arms, a black stick in his hand, braving death without seeking success, and incessantly asking his more confident friends : " Have you only a single battalion?" His own recollections, and perhaps his pro- fessional pride as ex-lieutenant, prevented him from believing in the possi- bility of a victory by the populace over regiments. On the 30th of July, while MM. Thiers and Mignet were labouring to secure the success of the royal candidateship of the duke of Orleans, Carrel was charged by M. Laffitte to take the command of the column of Bouenese National guard, which had hastened to the succour of the Parisians. During the first days of the installation of the new government, he was sent on a mission into the departments of the west, for the purpose of re- organizing the administration there ; he zealously acquitted himself of this task, changing or retaining the mayors and sub-prefects according to the con- viction he acquired of their attachment to the new order of things. Finding himself indirectly disavowed by'some of the measures of the new government, he returned to Paris at the latter end of August; he there found his friends of the National already installed in power. With regard to him, he was, without being consulted, nominated prefect of Cantal. Considering a pre- fecture of the third class as below his claims, he refused it, and now occu- pied himself solely with regaining possession of the National, to which some difficulties, which he attributed to M. Thiers, opposed themselves. During his absence, M. Thiers, quitting the National, had caused its direction to be confided to M. Passy. Can*el asserted his own rights, and after some discussion, attained them : and the National of the 29th of MEMOIR OF ARMAND CARREL. XI August, 1830, appeared with the notification : " That MM. Thiers and Mignet having entered into office, the paper would thenceforth be conducted under the sole direction of M. Carrel." If there was needed a proof that republicanism and war, which people have so frequently attempted à posteriori to identify with the spirit of the revolution of July, are two tendencies which were not contained in that great political fact, and were only joined to it as it were by supererogation, and at a subsequent date, that proof is given in the manner in which Carrel, already personally dissatisfied with the new power, and consequently having no reason to spare it, at first directed the National. As to the change of Carrel's views from monarchy to republicanism, it is incorrect to represent it as one of those sudden transformations which are brought about from one day to another, under the imperious and exclusive in- fluence of wounded self-love and disappointed ambition. From the first few months following the revolution of July, during which Carrel so energetically pronouncedfor monarchy against a republic, until the month of January, 1832, when he as it were officially unfurled the republican banner in his paper, he was seen to arrive progressively, and by a series of marked gradations, from a state of friendship to a state of hostility ; and yet, although the only ques- tion was a difference with regard to the means of applying the principle, in which Carrel never changed, namely, the government of the country by the country, the self-government, which was always his motto ; still, having before them the fact of so distinct an adhesion to the revolution of 1830, in the outset, people naturally asked how Carrel could have been led so quickly to despair of an institution which he at first considered the best safeguard against anarchy, and the most complete expression of the wishes and wants of France. I do not think it a failure of respect to the memory of this honourable writer to attribute this change to the combined influence of two different causes : first, doubtlessly, to a sincere conviction of an increasing want of harmony between the progress of the new government and what he believed to be the will of the country ; to a sincere conviction of the impossibility that monarchy could face the internal and external crisis, as to the danger and importance of which he was deceived, like many others ; and to the conviction, consequently, of the necessity of preparing a more vigorous government to meet a more dangerous position. But, this point admitted, it were, I think, false to justice and to paint a mere fancy portrait, not to admit also that ambition had something to do with the new creed of Carrel, the legitimate ambition of a powerful mind which deems itself called to the exercise of power, and feels a natural inclination to condemn as inefficient the power which rejects its aid. And without taking too literally the expression which Carrel made use of with a scornful sneer : " Who knows but they might have had me. if they'd offered me a regiment," it is a permissible supposition that if, in the outset, when he was yet free and sympathised with the new government, he had been offered, instead of a third-class prefecture, a situation more worthy of his activity, and less inferior to that of his old colleagues of the National, he might, connected more intimately with the new order of things, have separated from it with greater hesitation ; and that even, when the progress of affairs displeasing him obliged him to pass over to the opposition, he would have there supported the constitutional monarchy which he so brilliantly defended for many months. Xll MEMOIR OF ARMAND CARREL. What is quite certain, is that Carrel was not at all a man of faction — not one of those turbulent and restless minds, for whom any revolution is not complete until it has made authority a mere matter of brute force and of lungs— a premium to those who are best supplied with that quality so highly praised by Danton : " Audacity ! audacity ! audacity !" Carrel was certainly not deficient in daring — indeed, he may, perhaps, be accused of having had too much ; but he had also qualities far higher than audacity. To a great strength of soul he joined, without speaking here of the honour and the nobleness of his heart — a thorough justness and recti- tude of mind ; and it was this which rendered him essentially a man of government ; it was this which rendered him wholly out of his place amidst the anarchical and incoherent mass into which he had been thrown by the hope of filling a great, a noble part, and which he had in vain laboured to organize, to prepare, not only for the attack upon, and the con quest of, but for the exercise of power : thus, from the day on which he unfurled the republican banner, his life was nothing but a twofold and per- petual combat — almost as vivid, almost as obstinate against the indiscipline of his own party as against the skill of his adversaries. If, on the one hand, as impetuous as determined in attack, and ever ready to risk his own life for the honour of his cause in braving individual danger, he knew how to excite and give enthusiasm, by his devotion, and courage, to the most intelligent and distinguished portion of his party ; on the other hand, in his noble horror for all demagogue violence, in his superior good sense, in his proud disdain for all quackery in language and action, for that sanguinary and crude pathos which then won the honours of populace popularity, he pre- sented something essentially the reverse of that fierce and feverish trickster- ing, that systematic brutality, which has so greatly facilitated the triumph of the monarchy of July over the republican party. Bejecting each recourse to arms as injurious to the republican cause, and only revenging himself for not being listened to by the noble promptitude with which he always placed himself, after the defeat of his party, between the government and the conquered ; persuaded that power accrues to none but only to those who have qualified themselves to exercise it, he in- cessantly urged upon his party the necessity of first forming opinions for itself, and of converting the country instead of forcing it. Labouring with active solicitude to maintain the rights of liberty and of property, so grossly trampled under foot by the extreme men of the party, he sought to persuade the bourgeoisie that the republic was limited simply to the transmutation of hereditary power into an elective power, with an exten- sion of the right of suffrage ; energetically repelling the brutal theories*of la Société des Dibits de l'Homme and of La Tribune, efforts of his which, on the part of the grotesque disciples of Marat, brought upon him the accusation of being only a scoundrellij moderate, an aristocrat worthy of figuring à la lanterne, by the side of Lafayette. There is in the " Mémoires de M. Gisquet," a confidential letter from Carrel to M. Petetin, curious from the revelations it contains as to the internal anarchy which was undermining the republican party. We there see how M. Marats, the editor of the Tribune, was forced to fight a duel with a more extreme Jacobin than himself, who accused him of treason for having contented himself with calling Lafayette a great culprit. His detestation of this savage quackery was unconquerable. When a MEMOIR OF ARMAND CARREL. Xlll prisoner at Sainte Pélagie for libel, (January, 1835.) and called upon by his fellow-prisoners to illuminate, like tliem, the windows of his chamber, in celebration of the anniversary of the execution of Louis XVI., he refused to do so. Hereupon the whole party rushed to his chamber, shouting: " Down with the yellow gloves ! down with my lord ! Let's hang him !" And, according to M. Gisquet, it required the intervention of the officers and soldiers to preserve from the insults of these furies him who was their chief, as much by talent as by courage, and whose name was esteemed and respected by his adversaries themselves. Despite all these mortifications, and although Carrel could not conceal from himself that the party which he had thought to call to the govern- ment of France was falling daily into greater discredit, he remained in the breach ; and when, after excesses of violence and rashness, there appeared symptoms of debility and discouragement, when, repeatedly vanquished in parliament, before the courts of justice, and in the streets, mortally wounded in its most furious organs by numerous condemnations, and on all sides entangled in a net-work of repressive laws, republican opinion seemed to yield to the conviction of its powerlessness, we see him who had preached prudence to the rash and reason to the senseless, endeavouring with equal firmness to encourage hope, perseverance, and ardour in the breast of a demoralized party, to cover it as with a buckler, with the general esteem which his character inspired, and to brave all judicial prosecutions in order to preserve for it, at least in the periodical press, a last banner, a last rallying signal. The laws of September, by suppressing the discussion of principles in which he delighted to indulge, and from which he hoped much, were very afflicting to Carrel. He endured their yoke with a shuddering impatience ; it is even said that his opinions then underwent some very serious modifi- cations — not the less real that they were not strongly insisted upon in his paper. His friends affirm that, dating from this time, and in propor- tion as, by the effect of these laws, a calm in others came over that former violence of principles which, for the most part, had been merely the result of temperament and heat of blood, his ideas underwent a contrary transmutation ; he became less hostile towards recollections and names he had hitherto condemned, or at all events kept aloof from. A reconcile- ment took place between him and men whom he had formerly rejected as ultras : he exhibited a tendency to limit his principles of common right and of universal liberty, and began to familiarize himself with the systems of government which dispense with law and justice on the pretext of an overwhelming necessity. I shall not enter into the details of all Ins contests with the tribunals ; he almost always defended himself in person before juries, and acquitted himself of this task with an able combination of boldness and discretion which often succeeded. Before the house of peers he was less successful, but even there he had brilliant moments. His famous apostrophe to marshal Ney, delivered in a sonorous, vibrating, and solemn voice, so moved the heart of general Excelmans as to make him forget his character of judge, and to transform him into the champion of Carrel. It was one of the finest efforts of eloquence in our time. We must now speak of a fault in Carrel, for which France is very in- dulgent, and which we dare not too severely reproach him with, when we XIV MEMOIR OF ARMAND CARREL. recollect that it cost him his life. In becoming a man of controversy , Carrel had unfortunately retained the habits of a soldier, and it was one of his weaknesses to suppose himself obliged always to accept from whatever quarter they came, and too frequently himself to seek, occasions for armed conflict. Under the Restoration, he had an hostile meeting with one of the editors of the Drapeau Blanc, in which, with an extravagance by no means rare in this kind of affair in press matters, each of the combatants was an utter stranger to the two articles w r hich led to the combat. The discussions to which the captivity of the duchess of Berry gave rise produced a second duel, with swords, between a legitimist and Carrel, in which the latter, after having wounded his adversary, himself received a wound in his chest, which procured him the most flattering testimonies of an almost uni- versal sympathy, and at the same time, on the part of his graver friends, affectionate remonstrances, which he listened to with a smile and met with promises of amendment. Carrel's idea was, that a journal should make itself respected in the same way that a man of honour does. In this he was so far right. It is, in fact, very singular that two men may every morning say to each other, on a couple of sheets of paper, things which they could not change viva, voce without immediately afterwards exchanging also shots or sword thrusts. But still, if a man would be respected, he must also respect his adversaries^ and Carrel, so susceptible for himself, was too often wanting in moderation and propriety towards others. It seemed, at times, as though out of fear lest the advice of prudence and caution which he addressed to his party, as to matters of collective engagements, should be misinterpreted, he de- lighted in seeking occasions of personal danger by the most direct provoca- tion to his adversaries ; as though while asserting the principle of free dis- cussion, he himself could not endure it, and arrogated an exception in his own person. It was thus that he too often sullied his best polemical pages with excesses of language better suited to a blustering sub-lieutenant than to the chief of a party. So Carrel travelled on a path which must one day end in some catastrophe ; a catastrophe occurring at a time when there was reason to hope that the greatest dangers of this kind had passed over ;. as it were, at the end of the battle, when the heat of parties at war for six years past was gradually subsiding, and, to crown the misfortune, upon a question wiiich, in reality, concerned neither the person nor the principles of Carrel. A new paper, La Presse, was founded in 1836, at a price far below that of any other paper hitherto known ; the originator, M. Emile de Girardin, published prospectuses in which, as usual, he represented his journal as infinitely superior to all others. A journalist then connected with the Bon Sens, and who afterwards became intimate with M. de Girardin and one of the editors of La Presse, thought proper to write a series of articles in which M, de Girardin and his enterprise were assailed with vehement personal abuse. The founder of La Presse brought an action for defamation against the publisher of the Bon Sens. Carrel, after having at first refused to interfere in a quarrel of this nature, yielding to the solicitations of the editor of the Bon Se)ts, published in the National a brief paragraph, in which, after expressing his " contempt" for the prospectus of M. de Girardin, he severely blamed the latter for having re- course to a court of justice to defend himself from attacks upon his en- MEMOIR OF ARMAND CARREL. XV terprise. M. de Girardin the next day answered in the Presse in the following terms : " The reproach of the National is deficient in the good faith attributed to the character of M. Carrel. Doubtless that reproach could have been merited if the Bon Sens had confined itself to a critical and close investi- gation of the economical basis upon which La Presse is established ; but it was not so : the most odious and personal accusations were heaped upon M. de Girardin." Then replying generally to the attacks directed against him personally by various papers, M. de Girardin threatened them with employing the same means against them, and ended by an allusion, applicable not in the least to Carrel, but to one of his friends, another editor of the National, then in a state of bankruptcy as head of some commercial enterprise. Such is the exact summary of the facts which led Carrel once more to expose his life to the chances of a duel. Immediately after reading the article in La Presse he proceeded to the house of M. de Girardin, accom- panied by the friend in question, who was more concerned in the matter than he. I shall not enter into a detailed account of the conversation which ensued, and the particulars of which are variously reported. All accounts concur in saying that the affair seemed on the point of an amicable arrangement by means of an explanatory note which the two papers were to publish ; but M. de Girardin desired that the publication of this note should be simultaneous, while Carrel wished it to be published in the Presse first, and then copied into the National. It was upon this trifling difference that Carrel, unable to obtain the concession he required, arose and broke off the conference, by saying : "lam the offended party, I choose the pistol." The duel took place next morning, the 22nd of July, 1836, in the Bois de Vincennes. The adversaries, advancing towards each other, fired at the same moment, and both fell wounded, M. de Girardin in the thigh, and Carrel in the groin. The first care of Carrel, ever as kind-hearted after the combat as prompt to take offence, was to inquire whether his adversary suffered much ; but on the first examination of the surgeons, his own wound was judged to be far more serious. He was taken to the village of Saint Mandé, to the house of one of his old comrades of the military school, and here, after two days of cruel sufferings, after a strange and eloquent fit of delirium, the dying agony of a poet and of a soldier, here, in the house of a friend, whose effaced reminiscence thus reappeared in the last moment, as a memory of youth, here Carrel expired on the 24th of July, at five in the morning, in all the strength of talent and of life, for he was but thirty- six. This death, so premature, so unforeseen, was received with public mourn- ing ; the papers of every opinion united in the expression of the same sen- timents. Obsequies, as imposing from the immense concourse, as from the rank, and the sincere grief of those present, testified the sorrow of France, and the humble churchyard of Saint Mandé acquired an historical renown by receiving among its obscure tombs this illustrious sepulchre. It is indicated to the visitor by a bronze statue, from the chisel of David (d'Angers), representing Carrel standing erect, the right arm extended before him, his head slightly thrown back, in the haughty attitude he bore when he evoked the shade of marshal Nev before the house of lords. XVI MEMOIR OF ARMAND CARREL. Amidst the modifications which time and events produce in the field of controversy, in the order of the battle of opinions, and in the disposition of the combatants, no one can say what course would have been followed, what influence would have been exercised by a man whose most intimate, most precious qualities, those which far more than suffice to redeem some few faults, were above all the purest disinterestedness and most perfect honour. It has been said that in the latter part of his life, Carrel, weary of the daily and barren struggle against paltry facts more powerful than himself, thought of resuming his historical labours, and that he was preparing to write a history of Napoleon. Such a work by such a man would assuredly have been no common production. In another direction, the senate tempted him ; he had already in vain sought access there ; but its doors would have not remained long closed to him, and there a new career opened itself, where he would unquestionably have enlarged his sphere of action, and completed his destiny. In a word, the life of Carrel resembles one of those unfinished monuments whose fragmentary beauties serve only to embitter the regret that we may not contemplate the stupendous whole. In private life, the illustrious editor of the National was, by the universal statement of his friends, a being estimable for goodness of heart, for gene- rosity, for devotedness and attachment. Bitter as was his pen, tenacious as was his pride as a public man, in society he was frank, gentle, agreeable, full of indulgence and good nature. With a Roman integrity as to money or political intrigue, he combined the grace, the simple and elegant urbanity of a French gentleman of the olden time. Carrel died unmarried. {Galerie des Contemporains Illustres.) CONTENTS. HISTORY OF THE COUNTER -REVOLUTION. INTRODUCTION p. 1 PART THE FIRST. CHAPTER I. THE RESTORATION, State of 'England at the death of Cromwell — Richard Cromwell endeavours to destroy the influence of the army, and to exalt the parliament — The army overthrows the parliament and Richard — It restores and again expels the Rump parliament — Divisions in the army — The Scotch army sides with the parliament, that of England abandons its generals — The royalists league with the presbyterians and the Scotch army; they ob- tain the convocation of a parliament, according to the ancient constitu- tion — This parliament recals the Stuarts — Last efforts of the repub- licans — Alliance of the royalists, the Anglican churchmen and the pres- byterians against the republicans — Circumstances of the restoration — Trial of the regicides — Restitution of the property of the crown, of the bishops, and the lords — Re-establishment of episcopacy — First attacks on the presbyterians p. 45 CHAPTER II. THE ANGLICAN SYSTEM. The Anglicans at the head of the counter-revolution — Prosecution of the Scottish presbyterian leaders — System established in Scotland — Con- ferences at the Savoy between the presbvterians and the Anglicans — Per- b XV111 CONTENTS. secutions of the presbyterians — Tlie act against the presbyterians ex- tended to the papists, and all the nonconforming protestants — Intrigues of the court to obtain a distinction in favour of the papists — Resist- ance of the ministry and commencement of opposition in the par- liament — Composition of this parliament — Its laws respecting the army, corporations, the press, religion — Progress of the misunder- standing between the king and his Anglican ministers — Declaration of indulgences published by the king in favour of the papists — War with Holland — Complaints of the parliamentary opposition — Failure of the Anglican ministry to maintain a balance between the court and the parliament — The court and parliament overthrow the Anglican ministry p. 61 CHAPTER III. MINISTRY OF THE CABAL. Transition from the system of Clarendon to that of the libertines — Spirit of the Cabal ministry, and of the parliamentary opposition — Secret alliance between the Cabal and the court of France — Plans of the Cabal for the establishment of absolute power and of popery — War with Holland — Views of the Cabal in declaring this war — Charles II. pen- sioned by Louis XIV. — The two houses of parliament insulted — Pro- gress of the opposition — The presbyterians and the church-of-England men come to an understanding — Revolution in Holland — The plans of the Cabal frustrated — The king compelled to recur to parliament — Struggle between the opposition and the Cabal on the subject of the Anglican test — The parliament carry the test — Defections from the Cabal ministry — Its fall p. 84 CHAPTER IV. THE PRESBYTERIAN OPPOSITION. Policy of Charles II. — Danby's ministry — Plans of the new administration — Arrangements between Charles II. and Louis XIV. — Pretended medi- ation in favour of Holland — Efforts of the opposition against the papists and against Louis XIV. — Desertions from the court party — Prepon- derance of tile presbyterians in the opposition — Charles II. obliged by parliament to act in favour of Holland — Levy of thirty thousand men — Diplomatic intrigues ; foreign war ; parliamentary debates before tlie peace of Nymegen — Popish conspiracy p. Ill CONTENTS. XIX PART THE SECOND. CHAPTER I. A NEW REVOLUTIONARY MOVEMENT. Political results of the popish plot — Boldness of parliament — Discovery of the relations with France — Influence of this discovery on the elections for a new parliament — Spirit of the lower house — Affairs of the Danby ministry — Advice of sir William Temple — Bill to exclude the duke of York from the succession — Eesistance of the court — Progress of the republican spirit in the lower house — The members of the church of England reconciled with the court — Doubts of the nation favourable to the republican party — The intentions of the party disclosed — Par- liament of Oxford- — Abrupt defeat of the republican party . . p. 132 CHAPTER II. ROYALIST REACTION. Effects of the declaration of Oxford — General outbreak of the catholics, the royalists, the members of the church of England, and the commer- cial population against the whigs — The duke of York in favour — Direc- tion given by him to the reaction in Scotland — He solicits and obtains permission to return to England — His influence in the council — Affair of the sheriffs of London — Attacks on the charters of the towns and corporations — Prosecutions of the excluders and the whigs throughout the kingdom — Persecutions of the presbyterians in Scotland — Conspiracy of the whigs of England and the presbyterians of Scotland — Discovery of the conspiracy — Trials and death of the chief conspirators — Indiffer- ence of the nation — Results of the Anglo- Scottish plot favourable to the court, especially to the duke of York, and the papists ... p. 155 CHAPTER III. RE -ESTABLISHMENT OF CATHOLICISM. The duke of York, the catholics, and the absolutists, at the head of the counter-revolution — Rupture between the king and the predominant party — Death of the king — Triumph of the catholics; accession of James II. — Promises of James II. ; oath of the coronation — Resignation of the English people — Reinstatement of the parties condemned for the XX CONTENTS. popish plot ; acts of revenge against the informers — Attempt of the earl of Argyle and the duke of Monmouth — The catholic party strengthened by them — Pretensions to absolute power, to the right of dispensing with tests, contested by parliament — Prorogation of parliament — Establish- ment of a standing army — Conversions to popery — Decision of the judges of the king's bench in favour of the dispensing power — The papists elevated to offices throughout the three kingdoms— Ecclesiastical commission instituted against the members of the church of England — Trials of the bishop of London and of Samuel Johnson — General sub- mission — Separation of the ruling party into moderate catholics and high catholics p. 181 CHAPTER IV. ABSOLUTE POWER. The Jesuits at the head of the counter-revolution — First project for excluding the prince of Orange from the succession— System of religious tolera- tion — Brief alliance, under this system, of the nonconforming protestants and the catholics — Embassy of d'Albeville and of Dykvelt — Success of Dykvelt in England — Fruitless efforts of d'Albeville to deceive the prince of Orange — Absolute power proclaimed by ordinance in England and Scot- land — Resistance of the chirrch-of-England men ; the catholics abandoned by the nonconformists — Second plan of the Jesuits with regard to the succession — Visit of the king and queen to Bath — Pretended pregnancy of the queen — Invasion of the universities by the Jesuits — Useless efforts to form an absolutist parliament — Second ordinance proclaiming absolute power — The bishops refuse to read the ordinance — Trial of the bishops — Pretended birth of a prince of Wales — General demonstration of the people and the régulai' troops against the government of the Jesuits — The protestant aristocracy prevent a new revolution by calling in the prince of Orange p. 222 CHAPTER V. THE REVOLUTION OF 1688. Deputation of the English lords to the prince — Promises of the prince — His instructions respecting the protestant dissenters — Definitive recon- ciliation between the protestants of all sects — Favourable disposition of the fleet and the army towards the prince — The petition of the English lords — State of affairs in Europe in 1088 — In what manner they pre- vented Louis XIV. from affording assistance to James II. — Warlike CONTENTS. XXI preparations of the prince — Discussions amongst the refugees on the subject of the prince's manifesto — Departure of the expedition — Apathy of James and of the Jesuits — William's fleet driven back by a tempest — The Jesuits arouse themselves at this news — William departs a second time — His landing — Flight of James IT. — The part taken in the revolu- tion by the nobility and citizens — Hopes of the people deceived — Establishment of a royalty by consent p. 253 HISTORY OF THE REIGN OF JAMES IL INTRODUCTORY CHAPTER. Introductory observations — First period, from Henry VII. to the year 1588 — Second period, from 1588 to 1640 — Meeting of Parliament — Redress of grievances — Strafford's attainder — The commencement of the civil war — Treaty from the Isle of Wight — The king's execution— Cromwell's power ; his character — Indifference of the nation respecting forms of government — The restoration — Ministry of Clarendon and Southampton — Cabal — Dutch war — De Witt — The prince of Orange — The popish plot — The Habeas Corpus Act — The Exclusion Bill — Dissolution of Charles the Second's last parliament — His power; his tyranny in Scot- land ; in England — Exorbitant fines — Executions — Forfeitures of char- ters — Despotism established — Despondency of good men — Charles's death ; his character — Reflections upon the probable consequences of his reign and death p. 291 CHAPTER II. Accession of James II. — His declaration in council ; acceptable to the nation — Arbitrary designs of his reign — Former ministers continued — Money transactions with France — Revenue levied without authority of parliament — Persecution of dissenters — Character of Jeffreys — The king's affectation of independence — Advances to the prince of Orange — The primary object of this reign — Transactions in Scotland — Severe persecutions there — Scottish parliament — Cruelties of government — English parliament; its proceedings — Revenue — Votes concerning religion — Bill for preservation of the king's person — Solicitude for the church of England — Reversal of Stafford's attainder rejected — Parlia- ment adjourned — Character of the tories — Situation of the whigs. p. 329 I XX11 CONTENTS, CHAPTER III. Attempts of Argyle and Monmouth — Account of their followers — Argyle's expedition discovered — His descent in Argyleshire — Dissensions among his followers — Loss of his shipping — His army dispersed, and himself taken prisoner — His behaviour in prison — His execution — The fate of his followers — Eumbold's last declaration examined — Monmouth's invasion of England — His first success and reception — His delays, dis- appointment, and despondency — Battle of Sedgmoor— He is discovered and taken — His letter to the king — His interview with James — His preparations for death — Circumstances attending his execution — His character p. 378 HISTORY OF THE COUNTER-REVOLUTION 5n ISnglanfc, UNDER CHARLES IL AND JAMES II. INTRODUCTION. The counter-revolution to which the two kings, Charles II. and James IL, had the misfortune to attach the destinies of their family, was the last resistance opposed in England by the royal power to the establishment of the popular govern- ment. The twenty-eight years during which this power did violence to opinions, to interests, and to wants which had been made manifest by the overthrow of the ancient order of things, have been erroneously regarded as a time of degrada- tion with the English nation. She had obeyed powerful necessity in resuming as masters the sons of him whom the revolution had conquered and killed; she had recalled them without taking due precautions, without exacting from them that they should acknowledge her rights as she acknowledged theirs. Thence arose a new quarrel; power again sought to be absolute; the same beliefs and the same opinions which had once overthrown it, again resisted it; but, rendered less ardent by the results of their former errors, they resisted with other arms, and took their station upon a battle field which would confer less lustre on resistance. This battle field was that of legality: the nation in dis- puting it inch by inch learned better to know it. To main- i 2 HISTORY OF THE COUNTER-REVOLUTION, tain herself there, she rejected those blind forces which could not be plied to rational warfare; she even upheld the restora- tion against men who regretted the republic, and sacrificed these in order to preserve those results of the revolution which she wished to see adopted by the reigning family. The Stuarts might well have accommodated themselves to this system; there was against them party hatred, but no national antipathy; yet they fell a second time. As if there were in this denouement of the English counter- revolution a salutary lesson for the time in which we live, we turn with a lively curiosity towards the space which in- tervened between the recal of the Stuarts and their second fall. We would know why the existence of that royal house had become incompatible with the interests of England ; why its second downfal was effected with such a strange facility, so little trouble or shock. Was this catastrophe written in the laws of a predestina- tion of ill fortune attached to the race of the Stuarts? or was it the effect of a combination of external events fortui- tously united against them? I will reply by exhibiting the English counter-revolution in its progress, its various modes of action, and the ever increasing train of its pretensions. Thus the result will be shown in its causes. We shall see that the Stuarts did not fall beneath an in- fluence hostile to royalty; that they had always on their side the enlightened and acting mass, that interested in the cause of repose and order, whenever the remnant of the religious and political parties, the last comers in the revolution, en- deavoured by agitation to restore a state of things in opposi- tion to the elements of which society was composed. For every question of political form has its data in the state of society, and nowhere else; and thus the brief exist- ence of the republic in England had been nothing but a compulsory deviation from the constitutional track which the nation had marked out, and so long followed. Of its own mo- tion, the nation had re-entered this beloved track when she re- called the Stuarts, and she thus left them nothing to do against the revolution, properly so called. There still remained the liberties achieved by the revolution, but demanded long before it; the nation was ready with pride to hold these of her kings; INTRODUCTION. 6 willing to forget that it had wrested the power from those kings only by main force. It was upon these liberties that the restoration made war. It brought them into question one after the other, and wished to reascend, one by one, the steps which the royal power had descended, from century to century, in order to reconcile its existence with that of new interests. Thus the counter-revolution taught the English people that their liberties were incompatible with enforced royalty, and that to preserve royalty with advantage, it must be re- generated, that is to say, must be separated from the principle of legitimacy. Without previously attaining an exact idea of that past in which the restoration sought an imaginary order of things, we could neither comprehend it, nor follow it in its retrograde march, without direction as without term. I have therefore thought that, before we come to the counter-revolution, it is indispensable to place before you both the revolution and its most distant antecedents. When, at the conclusion of this history, we shall come to the last and inevitable developments of the reaction under a Jesuit king, we shall see whether I have gone too far back in my inquiries. I. In the system of political guarantees which England de- fended against the two last Stuarts, there remained nothing an- terior to the Norman conquest. The captains and soldiers of William, in imperiously establishing themselves as great and petty feudal sovereigns in the midst of the Saxon nation, at once deprived it of property in the soil, and of its ancient political and religious organization. The imperfect fusion of the two races for a long time kept alive the hatreds arising from difference of origin, with those which, under the feudal regime, everywhere arose from the difference of conditions. Still, from the middle of the twelfth century, the state of things established by the conquest had produced its habits; the struggle between the conquerors and the conquered had no longer for its object the possession of the soil, but the necessity of regulating for all, the relations of masterdom and of servitude. The descendants of the con- querors and of the vanquished of Hastings already caused dread abroad by the formidable alliance of their warlike qualities, and all the men born in England besan to look b2 ° HISTORY OF THE COUNTER-REVOLUTION. upon themselves as forming but one people. This quality of native born Englishmen decidedly prevailed over the dis- tinctions of the conquest, when a vast continental reaction drove to the court of William's fifth successor those who, in the provinces of western and southern Gaul, were for the Anglo-Norman domination. King John received his foreign subjects, or those born out of England, in a manner which gave every reason to fear a total subversion of the feudal distribution of the country. The bishops, the barons, the petty feudatories of Norman descent, the inhabitants of the towns, already forming the mixed Anglo-Norman race, and the serfs of Saxon origin, dreaded the enterprising poverty of the new comers, and leagued against them. The obsti- nacy and perseverance of John and his successors in en- couraging and enriching these foreigners, Poitevins, Bretons, French, and Gascons, strengthened the tie of nationality among the natives, and produced against feudal royalty, which had been so strongly constituted by William, insurrections which occupied the whole of the thirteenth century. The first and most formidable compelled the royal power to the concession known by the name of Magna Charta. This was a victory almost entirely aristocratic ; but the Anglo-Norman citizens and the Saxon serfs profited by the part they had taken in it. Several articles of the great charter assured to the large towns certain franchises favourable to commerce, and to the rural serfs a first step in property, that of oxen and of the instruments of labour, by means of which they gained their bread. The last insurrection, .. ' under Simon de Montfort, bore the same character; the barons again humbled the royal power, but the inhabitants of towns and boroughs, as the price of their co-operation, and in consequence of the progress which the first concessions had already enabled them to make, began to be counted as some- thing in the State. Thenceforward, forming a class, under the general name of commons, they were summoned to appear in the council where the bishops and the barons assembled of right, three times a year, to deliberate upon public affairs. Favoured by the continental wars, which, under the three first Edwards, gave an external direction to the activity and force of the aristocracy, the results of the great insurrections INTRODUCTION. O fructified for the commons. Whilst the seignorial power was exhausting itself, was wearing itself out at a distance, the citizens, working and paying more and more, were more frequently called upon to come and learn in parliament what was being done for the interests of all. The kings and the barons, in order to have their support in wars, ruinous in their results though brilliantly successful in themselves, were interested in favouring their rising industry. The same causes at the same time rendered the condition of the country villeins harder than in past periods. The distant expeditions, combined with the progress of luxury, obliged the seigneurs, whether they resided on their estates, or had them administered during their absence, to weigh still more heavy than ever with corvées and taxes upon those whom they called their naifs (born upon their lands). Com- plaint at length arose, and became as general as the evil which called it forth. The lot of the oppressed interested people less unfortunate and less ignorant than they; priests, tradesmen dwelling in the towns, and enjoying privileges as such. Brief pamphlets were zealously distributed around the feudal halls; popular proverbs, serving to disguise appeals to insurrection, flew from mouth to mouth; associations of serfs were formed in all directions; a vague memory was awakened of the event which had imposed the foreign yoke; an admirable instinct taught the oppressed that it was to royal authority they must appeal from the tyranny of the barons, and all at once, an hundred thousand men, an advanced guard of several millions of serfs, covered the roads which from the various counties led to London. The young king Richard II. came in person to hear their complaints. The chiefs held daring conferences with him. He granted them charters which enfranchised all the serfs of England, their children, and their goods. These charters, without a means of compelling the seignorial authority to respect them, w r ere but vain concessions; the insurgents demanded guarantees. But while they hesitated, some washing to stand firm, the rest to retire, the barons, who at first had concealed themselves, recovered from their terror. They hastened from the country round London; and, under pretext of danger incurred by the king, whilst he parleyed with the insurgents, fell upon them, D HISTORY OF THE COUNTER-REVOLUTION. and forced them to fly in all directions. Richard II. revoked his charters, and everything returned to the order established by the conquest. The serfs were not destined to obtain their liberty until the seignorial authority felt, in its turn, the necessity of granting it to them. The eighty-three years that elapsed between the reign of Richard II. and that of Henry VII. witnessed the commencement of gradual emancipation, during the wars which made Bedford regent of France, and its con- tinuation, amidst the commotions caused by the rivalry of the houses of York and Lancaster. The nobles, continually involved in war expenditure, were obliged by their neces- sities to acknowledge that rents in kind, so vexatious to the villeins, were unprofitable to themselves; that lands and flocks prospered better in the hands of farmers who were sure of just returns for their industry, than in those of serfs, idle because they had no interest in the matter. By degrees, they came to prefer hired to compulsory services. Individual enfranchisements were multiplied, as is shown by a multitude of acts drawn .up in the fourteenth and fifteenth centuries; in this form given by the historian of the Norman conquest: " Know that we have freed from all yoke of servitude, so and so, our naifs of such and such a manor, them and their children born and to be born." These partial emancipations by degrees approximated the condition of the peasants to that of the citizens, as the royal concessions had placed the privileges of the citizens near to the prerogatives of the military and ecclesiastical nobility; and, on account of the difference of position, the circumstances which enforced the enfranchisement of the serfs did still more for the increasing importance of the citizens. Their progress was manifested in the different attitude assumed by their re- presentatives in parliament. These, in the outset, had obeyed with repugnance the order which summoned them to come and declare if the commons were able or not to support such and such charges or taxes. They joined to the at first alto- gether humble expression of their opinion, petitions tending to enforce or limit it. These petitions became an established usage, and, unperceived by the citizens, a commencement of participation in legislative authority in matters of tax- ation. Instead of a simple opinion, it was, by and bye, INTRODUCTION. / a consent which they gave. The epoch at which French, which they did not understand, ceased to be spoken in the annual council of the three orders, was without doubt that in which they were admitted to a practical share in the manage- ment of affairs. A further step was indicated by the sepa- ration of the parliament into two chambers: the one com- posed of the high clergy, the earls and barons convoked by royal summons; the other of petty feudatories and citizens of towns, elected by their peers. In the parliament thus divided, the aristocratic element constantly prevailed throughout the course of the external wars and civil troubles which occupied the fifteenth century. It was, at this time, the upper chamber, which, in virtue of its composition, play- ing the part of a feudal diet, made and unmade so many kings, exacted oaths from some, claimed to regulate the con- duct of others, ejected ministers, replaced them by others of their own choice, and in a word, created against royalty the many precedents which were afterwards to destroy it. The lower chamber, tacitly assenting to these attacks, in which it did not as yet feel any interest, solely applied itself to the maintaining its right of consenting to taxes. The right of discussing them, under its higher points of view, accrued to it with the growing practical importance given to its members by the financial skill acquired in the management of private interests. In 1355, the lower chamber had already sufficient liberty to dare to say, that the portion of the public burdens paid by the commons was too great, and to demand what they did not obtain, that the revenues of the clergy should be applied to the general expenses. Towards the year 1470, the war of the two Roses, so ruinous and destructive to the aris- tocracy, drawing near its close, the preamble of all the par- liamentary acts began to run thus: " Given by the king and by the lords, with the consent of the commons." II. It was by this consent that Henry VIL, the first of the Tudors, ascended the throne; and he main- tained himself in it, not because he united in his person the rights of the two rival branches, but because he was the man of all others necessary to the accomplishment of a re- volution, which the disastrous quarrel of the two Roses 1485 had prepared. More than a million of men had -^^ perished in this thirty years' war; the mortality had S HISTORY OF THE COUNTER-REVOLUTION. been especially excessive amongst the ranks of the nobles, 1 and the survivors were half ruined: thus the social power no longer resided in the aristocracy, which was so recently the exclusive proprietor of the soil. By the breaking up of the great domains, they passed to the petty nobles, the citi- zens, the yeomanry, eager and able to acquire all that the great lords could no longer retain. As to political power, the high nobility lost it with their territorial property; nor was it the disunited commons, ignorant of their own power and position, requiring as yet only to obey and be safe, and not de- siring to govern for themselves and by themselves, who could dream of exercising this power: this ambition befitted royalty alone; and to realise it, the alliance formerly contemned by Richard II. now offered itself to Henry VIL, rendered practi- cable by time. He accepted, comprehended it, and became all powerful. Bred up in feudal anarchy, this king had always 1485 detested it. He made laws to hasten the dissolution 1509. °f tne conquering society. He allowed the great families to sell their domains, despite the entails with which they were burdened; he gave offices to those who from want of money divested themselves of estates; he essayed to ruin, by processes, those who persisted in retaining them. He armed against them the famous tribunal known by the name of the Star Chamber, and had adjudged to himself those large fortunes which gave him uneasiness. He forbad the nobles to have those numerous troops of people wearing their livery, who became armies in their coalitions against each other, or against royalty. He not only allowed the petty feudatories and citizens to redeem at a low price their dependence on the ancient manors, but he frequently lent them money to make such acquisitions, or to assist them in their commercial speculations. He employed a great number of architects, not as his predecessors by corvée, but by selection, the reward of a new emulation. The monuments of his time prove that instead of adhering to a fixed sum for the days' labour, to all alike, he began to dis- tinguish talent by higher payment and honour. During his 1 In the parliament preceding the outbreak of the war of the two Roses, fifty-three peers, besides bishops, took their seats in the upper chamber. In the first parliament of Henry VII. their number had fallen to twenty- five ; by new creations he raised it to forty. INTRODUCTION. y reign, the parliaments were held in subjection; but this insti- tution was still entirely aristocratic, and far from becoming threatening as a popular institution. Condemnations deci- mated and ruined the upper chamber; the lower chamber, in comparison with this, thought itself fortunate in being merely the object of haughty dictation. It augmented its material greatness in silence. When under Henry VIII. it was tempted to resume the hardy language it once could use when the high chamber set it the example, Henry VIII. dispensed with it during seven years, and, arbitrarily levying taxes, showed it how very far the importance of its consent was from being understood by the nation. When the upper chamber, recruited with parvenus, enriched by Henry VII. and Henry VIIL, was composed of members who owed all to the court, or who knew that they could lose all by it, it was this chamber which still gave to that of the commons, instead of the example of successful temerity against royalty, that of abject obedience and blind submission, recom- pensed, and sometimes despised by the capricious despot. In the royal sittings under Henry VIII., the commons standing, according to the ancient custom, learned from the peers who were seated before them and faced the throne, to bow down to the ground every time that the name of the monarch, who was present, carelessly stretched at his ease, passed the lips of the ministers. And these, all of them men of low birth, and the vilest of flatterers, no longer occupied the ancient national council with public affairs, but solely with the virtues of the king. The lords, holding all by grace and favour, no longer thought of finding the demands of subsidies too great, and the commons, although they were interested in giving little, 1509 dared not differ from their ancient chiefs. The great to social existence of the upper chamber being thus re- J603 placed by a political condition fixed by royalty, and dependent upon it, the parliament remained in this state of subservience so long as the work of aggrandisement, which alone could give weight to legal protests, and the apprenticeship necessary to acquire the proper use of these new arms, remained un- accomplished by the petty nobles and the citizens represented in the lower chamber. This progress became strongly de- veloped during the six years of protectorate which succeeded the reign of Henry VIII. The lower chamber, in assigning to the crown the regular revenue, entitled poundage and ton- 10 HISTORY OF THE COUNTER-REVOLUTION. nage, energetically opposed the levying of arbitrary taxes, sought to protect itself from the laws which it had allowed to be made against the aristocracy, and revised the odious chapter of treasons against the crown. Aided in this by the upper chamber, it decreed that mere words could never constitute this crime, so common under the preceding reigns; and that as to acts, they must be proved by two wit- nesses of known credit. Under Elizabeth, the same progress continued but 1509 2 esg yisibly; and, despite the still living gratitude of 16 Q3 England, it was not the work of this queen. Like her father, employed in regenerating, to the profit of the crown, the aristocracy despoiled and borne down by her grandfather, she was rigorous towards the middle classes, who threatened to become preponderant. She possessed sufficient energy and wisdom to fashion them to monarchical society, before they conceived the idea that there might be a better substitute for feudal society. To avoid disputes with them in parliament, she rarely demanded subsidies from them, and by continual alienation of the royal do- mains, impoverished the crown, whilst the daring spirit, the novelty and success of commercial speculations 5 elevated the nation to a degree of splendour hitherto unknown. The depredations called benevolences, free-gifts, and purveyances, did not stay the luxuriant vigour in this direction; but the tyrannical laws made under the preceding reigns against the aristocracy, prevented this vigour from directing itself to state affairs, and from demanding an account of the profusion of the court which it supported. From the first years of the following reign, we may judge of the extent to which the despotic daughter of Henry VIII. had subdued the spirit of her time; consciences alone spoke, and complained and spake out as was fitting. Laying aside vain lamentations, they attacked the royal power in its source and in its abuses. III. As if in this history each of the epochs marked by progress bore in itself the germ of the progress which was to follow, the courage which was about to be shown by consciences in attacking the royal power, was the fruits of the efforts which royalty itself had made to render itself absolute. Henry VIII., jealous of a respected INTRODUCTION. 1 1 and powerful clergy, who acknowledged a foreign master in order to have no master in England, had violently plunged the nation into a schism which substituted himself as chief of the church in place of the pope. The ecclesiastical hierarchy was in part preserved, with its great possessions 1 by ac- knowledging the religious supremacy, and proclaiming the infallibility of the new chief who had imposed himself upon it; the lower clergy, freed from celibacy, and preserving its im- munities and tithes, had submitted. The religions orders had resisted, strong in their immense riches and in the super- stition of the people. Henry VIII. had deprived them of their fine establishments, their ancient and peaceful domains, their treasures, the fruits of pious legacies, of illustrious alms, and of the popular tribute of indulgences. 1509 With these spoils he enriched the courtiers of the upper 16 Qg house and the docile purchasers in the lower house; he had thus founded his reformation upon an immovable temporal basis, upon the interests of a full third of the landed proprietors of that period. But by printing the Old Testament, forbidden by the Romish church, by holding up to scorn and contempt the monastic impostures and turpitude, and by reasoning against those whose scruples arrested them on the threshold of the new church, he had given rise to, or favoured in their birth, wishes for a more energetic reform, and soon saw himself outstripped by secta- ries who, with Bible in hand, demanded the abolition of episcopacy, condemned religious supremacy in a king as in a pope, and of the ancient ecclesiastical constitution desired to retain only the priesthood. These were the puritans or presbyterians. Aided by the upper chamber, the protectorate, during the minority of the son of Henry VIII. and Jane Seymour, sus- tained against them and against the catholics the royal work compromised in its birth by its own means. The persecution which destroyed and pillaged, under the general name of non- 1 Of sixty-two spiritual peers, thirty-six were expelled from the upper house. The number of the temporal lords was increased, uuder the same reign, to fifty-one. The number of knights of shires in the lower house was rather less than eighty ; that of the deputies of cities and towns, haying right of election, was extremely variable ; power began to fear their pre- sence. 12 HISTORY OF THE COUNTER-REVOLUTION. conformists, and without exception of creed, those who re- fused to acknowledge the religious supremacy of the king, drew from all the various sects, united in a common resist- ance, one simultaneous cry for justice. This cry, Liberty of conscience! w T as, unknown to themselves, the first declaration of a principle always invoked by the persecuted sects, always violated by them in their transient triumphs. During the protectorate was seen a popular insurrection at once 1509 puritanical and catholic, proclaiming the right of 1003. religious opinion. A tanner, the chief of the revolt, proclaimed, in his appeal to arms, that no man could impose upon another his doctrine and worship. The same pro- clamations for the first time mingled political attacks with religious complaints; they called upon the commons to rise out of their degradation, and to free themselves from the tyranny of the rich. At the accession of the catholic queen Mary, the spirit of religious reform, which was to draw from the Bible so many formidable arguments against political order, mani- fested itself still more energetically; the puritans w r rote and publicly maintained that the daughter of Catherine of Arra- gon and Henry VIII. could not reign, because it is said in the Old Testament, that " the king shall be chosen from among the brothers." The parliament was obliged to declare that the royal prerogatives were the same under a queen as under a king. The religious counter-revolution under queen Mary was another step towards political revolution. All powerful as was this queen by her alliance on the continent and by her marriage with Philip II., she could not bring the parliament to declare the re-establishment of Catholicism without re- storing to this body a part of its ancient importance» Her father had transmitted to her religious supremacy, combined with arbitrary political power; she destroyed this unity of the royal will. In order to overthrow the Reformation, !509 w hich served as a basis to religious supremacy, she was 1605 obliged to alienate a vast portion of arbitrary power. Not daring to command, she made an exchange; she gave security to the possessors of ecclesiastical property, and contented herself with bestowing on the despoiled monks, whom she meant to re-establish, an indemnity too feeble to restore their lost power, but sufficient to authorize in the parliamentary discussions the murmurs of the upper house INTRODUCTION. 13 and the loud complaints of the lower chamber. During this reign, it was no longer the catholics but those who had adopted the Reformation of Henry VIII. who suffered with the puritans. The necessary result, for the two protestant sects, from the community of dangers and interests occurred: the most energetic influenced, dominated, and almost wholly subjected the other. So early as the year 1571, the thirteenth of the reign of Elizabeth, the majority of the lower chamber was composed of the enemies of prelacy. A member, a de- clared puritan, demanded a more complete religious reform. His motion was not discussed, and the queen ordered him not to appear again in the chamber. He was disposed to obey this order; but during his absence his friends maintained that simply incurring the queen's displeasure was not sufficient to deprive a deputy of the character with which election had invested him. An animated debate took place upon the privileges of the lower chamber, the court was 1509 forced to yield, and the excluded member was greeted 2GO0 with loud applause upon resuming his seat. This manifestation, and others of the same kind, contri- buted as much as the natural pride of Elizabeth to inspire her with a strong aversion to parliamentary forms. The puritans wrote against her, and, persecuted as they were, made active war against her by means of the legal press, and afterwards, when this was closely restricted, by means of the clandestine press. The religious tribunal, the court of high commission, and the political tribunal so dreaded under the name of the Star Chamber, took cognizance indifferently of the crimes created by these attacks; people were held guilty of high treason for professing the puritan creed, and guilty of sacrilege for blaming the acts of the queen's government. Power no longer defending its two great attributes, tem- poral and spiritual, by the arm proper to each, but striking both at once, the confusion necessarily occasioned acts of violence on refusal of obedience. The proselytism of the Holy Scriptures spread itself; the nation, as it became better informed, reasoned more closely; the experience of every day proved that the dogma of religious supremacy could only be sustained by the excess of political tyranny. It was, then, only by the overthrow of the latter that the par- tisans of the pure reformation could hope for the triumph of their convictions. 14 HISTORY OF THE COUNTER-REVOLUTION. The penetrating eye of Elizabeth did not perhaps 15u9 perceive in its most daring results the actual situation 1603. °f tne nonconforming protestants; yet, even during her life, they began to declare that kings, in the eyes of Jesus Christ, were no more than the least of their subjects; that if their religious supremacy was derived from their poli- tical authority, this sovereignty over persons and consciences was nowhere to be found in the divine law. These blasphemies against power, but half developed as they were, gave Eliza- beth that vivid alarm which troubled her last moments; but she prudently refrained from arguing with those who opposed texts of scripture to the texts of her ordinances, which, said they, were human laws, and, as such, subject to the common imperfection. IV. However, royalty could not long be thus attacked at its root without feeling the necessity of clearly defining itself; the brutal law of force no longer sufficed it, as under Henry VIII. ; it was necessary for it to put forth a learned theory, in the order of considerations upon which the spirit of examina- tion began to be exercised. This dangerous lot fell to the son of Mary Stuart, who was called to succeed to Elizabeth, and he employed all the frivolous pedantry and love for the subtleties of theology with which nature had endowed him, in everywhere provoking the discussion which Elizabeth had endeavoured to prevent. James I. united to the crown of England that of Scotland, which was already too heavy for his head. That which in England was desired by the partizans of the pure re- formation, James had left established in his kingdom of Scot- land. There religious reform arising from the people, had been more energetic than in England, where it was the work of the monarch. The Scotch reformers, disciples of Calvin, had with one and the same blow destroyed papal domination and the ecclesiastical hierarchy. Royal power had vainly struggled against them under the widow of James V., under Mary Stuart, and during the stormy minority of James VI. The latter, now king of England, under the title of James I., had in Scot- land been obliged to consent to the destruction of episcopacy and the establishment of a new church, composed of presby- teries, provincial synods, and grand councils. These various assemblies united among themselves in a certain order of de- INTRODUCTION. 15 pendence, had also formed in the state a sort of religious re- public, with pulpits for tribunes, churches for parliament houses, and for law the Old Testament, expounded in favour of the weak against the strong. Thenceforth, in Scotland, the nobles and kings had been incessantly anathematised, not as go- verning ill, but as creating scandal by their impiety and their dissolute conduct. The English puritans went still further, persecution and their more advanced state of civilization having brought them to a more daring and more enlightened investigation. On the arrival of James I., they imagined that his accession 1603 would be a religious era for them ; and amid the rej oicings *° at his installation, assailed him with petitions in favour of the Scottish worship. But James, already aw^are of the tendency of presbyterian doctrines; " Go," said he, to the English puri- tans, " your belief agrees with monarchy as God does with the devil. No bishops, no king." Thus, far from wishing to aid in the destruction of episcopacy in England, he at once formed the project of restoring it in Scotland, and of esta- blishing the Anglican worship, in both his kingdoms. In order to bring the two nations to this religious conformity, he started his Divine Right, a term new to the English, and he occupied the whole of his reign in dissertations destined to teach them what they were to understand by it; he made a distinction between kings in abstracto, to whom it was permitted to do what they pleased, and those in concrete, who were obliged (as he said) to govern according to the laws of the country, but obliged only by their consciences. He was quite willing, in his graciousness, to be a king of the latter class, so that nothing further was required of him; "for," said he, " to contest the power of kings, is to dispute the power of God." The bishops eager to grant to the royal power that w r hich they in time desired to obtain from it, became the cham- pions of his doctrine. The religious supremacy of kings began to be irksome to them; to free themselves from the state of dependence in which it placed them, they sought to find in the divine law their own right written side by side with that which James attributed to himself, and the Idng sanctioned in them these lofty pretensions. The better to struggle against the progress of presbyterian doctrines, it suited him to 16 HISTORY OF THE COUNTER-REVOLUTION. derive from one common source the authority of kings and that of bishops. Their political aggrandisement, their more ample participation in high offices, was the result of this system, but at the same time it was a grave offence to the temporal lords who sat with them in the upper chamber. To support his ridiculous invention, James at the same time made innova- tions in the Anglican church: he, indeed, only desired to mark more distinctly the separation between the reformation of Henry VIII. and that of the puritans; but all the adherents of the Anglican church exclaimed that he wanted to return to the Eoman idolatry. They understood by this, Catholicism ; and the recent gunpowder plot had for ever rendered this religion execrable to ail classes of the nation. As to the lower chamber, whose aversion to prelacy had already been manifested during the preceding reign, James had no sooner propounded to it his doctrine of divine right, than it plunged into this new field of discussion, full of resolution, and piously excited by the example of the monarch, to discuss the moral titles of royalty. The more ardent presbyterians zeal- ously exercising the utmost of a vain and pedantic science, wearied themselves for along time in their attempts to attain the height of James's incomprehensible arguments; but the 1603 more intelligent members who sat among them, kept *° their attention fixed on the positive and easily accessible questions which arose from the proposition itself. If the king really held from God this absolute power which he desired to share with the bishops, what was the law? what was the par- liament which concurred in making the law ? What difference was there between laws discussed in parliament, and royal ordi- nances promulgated in the absence of parliament? Was the object of these ordinances simply to prescribe the execution of the laws made by parliament, or did they emanate from a legislative authority superior to all parliamentary deliberation? Were the subjects under the obligation of paying the taxes imposed by the royal ordinances? If so, whence the custom of demanding subsidies in the house of commons? Was this chamber simply a consulting assembly with which the king- could dispense, or one which was to instruct him as to the interests of the people? And, according as the assembly held its powers from the king or the nation, was it the king's ministers or the magistrates elected by the towns and INTRODUCTION. 17 boroughs, in virtue of their charters, who were to send forth the writs of election? By an inevitable concatenation, each of these questions involved a crowd of other questions, and thus for the first time the government was challenged in all its parts, the administration in its most minute details. Having once taken this ground, the house of commons was kept there by those who had conducted it thither, and who thenceforth were in the position to direct it. Converting into an historical question, the religious question of Divine Right, the parliamentary opposition armed itself with all the testimonies presented by past times against the present pre- tensions of royal power and favourable to its own claims. Then were asserted, as the common heritage of the two chambers, all the acts which recalled the ancient power of the upper chamber; then were elevated into fundamental principles, into distinct attributes, into inviolable privileges, simple forms before regarded as indifferent, but now better appreciated. Points unperceived during the former existence of parliament, became of the utmost importance in fixing its career for the future, and the opposition hastened to seize them, in order to engage more surely in the contest provoked by James I. The chamber became enlightened by this laborious re- search after facts; men were formed in its bosom of great tact in discovering, of great ability in drawing conclusions from them. James repented that he had commenced a dis- cussion which, in spite of him, took this direction; he grew weary of not being able to reply, and when it was too late, sought to impose silence. He dissolved the parliament of 1621, and with his own hands destroyed the journals of the commons; but three years afterwards, he was obliged to acknowledge the privileges of the lower chamber, as inscribed in these journals, and from that time forth it . * became a maxim of the constitution: "That the liberties, franchises, privileges and jurisdictions of parliament, are the ancient and undoubted birthright and inheritance of the sub- jects of England, and that the arduous and urgent affairs con- cerning the king, state, and defence of the realm, and of the church of England, and of the maintenance and making laws, and redress of mischiefs and grievances, which daily happen within this realm, are proper subjects and matters of counsel c 18 HISTORY OF THE COUNTER-REVOLUTION. and debate in parliament. That in handling and proceeding in such business, every member of parliament hath, and of right ought to have, freedom of speech to propound, treat, reason, and bring the same to conclusion. That the com- mons in parliament have likewise liberty and freedom to treat of these matters, in such order as in their judgments shall seem fittest. That every member of the said house hath like freedom from all impeachment, imprisonment, and molestation, other than by censure of the house itself, for or concerning any speaking, reasoning, or declaring of any matter or matters touching the parliament or parliament business. And that if any of the said members be complained of or questioned for anything done or said in parliament, the same is to be showed to the king, by the advice and consent of all the commons assembled in parliament, before the king give credit to any private information." V. It was under the existence of the same circumstances which had compelled James, in the last year of his reign, to alienate this immense portion of absolute power, that is to say, in the midst of embarrassments caused by a disordered administration, the expensive caprices of the favourite Buck- ingham, a minister odious to England, and the ill-success of a war rashly undertaken and still more foolishly conducted, that Charles I. assembled his first parliament. The commons 1621 ^ not hesitate, in pursuance of their recently acknow- 2g28 ledged right, to demand an account of the state of affairs, both external and internal. Charles at first hesitated to contest this right; but soon becoming dissatisfied, he decided upon governing alone, ordered levies of taxes, and re-established the monopolies which James had in some measure abandoned. He had adopted his father's doctrine of Divine right, and his plans in favour of the episcopacy; but more in earnest and more firm than he, he desired to impose as a master that which James had sought to establish as a sophist. At least, until his time, absolute kings had managed to retain in their in- terests those magistrates who, in the extraordinary tribunals, in the high courts of Westminster, and in the inferior courts, sanctioned despotism by condemning even complaints raised against it. They formed a body, formidable despite their corruption, brought near to the nobility by their riches, and placed by their education in a position above the middle INTRODUCTION. 19 class. Charles, by introducing the bishops into high judicial functions, even to the exclusion. ,of nearly one-half the lay- men who had formerly exercised them, turned against his government that talent and sk{ll which had so long been exercised in torturing every law in favour of despotism, and in substituting judicial fictions fo# justice. The discontent of the lawyer^ then was added to that of the great lords, enemies of the bishops, to the legitimate fears of the wealthy members of the ^glican church, nobles, and citizens, to the enlightened views, of a society which began to study the ancients, to appréciai e thé genius of Shakespere, the learned science of Bacon, aiid the arts of modern Italy; lastly, to the need of security, fçr*ul v )hti adt idt bnn r tl .^i*if>q -lôilBVJ $dt 3 ■• ' ni mid THE ANGLICAN SYSTEM. 61 is has t qiderxm îo bi jiujil bio 3iil SblVSï oi ëisb-io a ni aao bus r bsfriîns ion 9197/ [aeiq isJoiq Ibu ïQiq edl gated iniii ^CHAPTER II. ei ^ * tf< " « Rb99io lia tî ,90£I919l9iq b9bi09b 90K o gni^tam "io UilOW 3 THE ANGLICAN SYSTEM. * d l ?i ylno 9nJ reJfla The Anglicans at the head of the counter-revolution — Prosecution of the Scottish presbyterian leaders — System established in Scotland — Con- ferences at the Savoy between the presbyterians and the Anglicans — Per- secutions of the presbyterians— The act against the presbyterians ex- tended to the papists, and all the nonconforming protestants— Intrigues of the court to obtain a distinction in favour of the papists — Resist- ance of the ministry and commencement of opposition in the par- liament — Composition of this parliament — Its laws respecting the army, corporations, the press, religion — Progress of the misunder- standing between the king and his Anglican ministers — Declaration of indulgences published by the king in favour of the papists — War with Holland — Complaints of the parliamentary opposition — Failure of the Anglican ministry to maintain a balance between the court and the par- liament — The court and parliament overthrow the Anglican ministry. The administration which had concurred with the presby- terian parliament in the political restoration had, at the same time, prepared against this assembly the religious restoration, that is to say, the re-establishment of the ancient national church. The three principal ministers, the chancellor Clarendon, the lord treasurer Southampton, and the duke of Ormond, were zealous Anglicans, because they attributed to the presbyterian doctrines all the disor- ders of the revolution; they were men estimable for the private virtues and for the talents they had displayed at the head of the cavalier party. It was the duke of Ormond who had so long maintained the royal cause in Ireland against the republican arms. The king, since his return, had given him the viceroyalty of that country. Clarendon and South- ampton had constantly accompanied the princes in their 62 HISTORY OF THE COUNTER-REVOLUTION. [1660- exile, and had powerfully aided them in their negotiations with the foreign courts, and with the presbyterians, who had brought about the restoration. The king had also called to his councils, or raised to the upper house, some illustrious deserters from the revolutionary cause; amongst others, Ashley Cooper, Monk, created duke of Albemarle, and Denzel Holies and the earl of Manchester, once the determined adversaries of Charles, the former in parliament, the latter at the head of armies. The earl of Clarendon was the chief of this administration, in which men full of zeal for the Anglican belief, were united with others who, during the storms of the revolution, had learnt to disbelieve everything, religious creeds alike with political truths. The first contributed projects, the others simply their means of action. This was an unfortunate combination, for the projects were injudicious, and the means of action were fraud and intrigue. Thus, to bring about the re- establishment of Anglican uniformity, to hasten the dis- banding of the army, and to provide against any outbreak on the part of the disbanded troops, and to keep the nation in that constant fear of disturbances, so favourable to the interests of the crown, the policy pursued by a ministry redeemed only by the private virtues of two or three of its members, was to attribute to the presbyterians the worst and most hostile designs, to the soldiers conspiracies, which it secretly fomented, and to attach suspicion to men whose reappearance in the next parliament it dreaded. A riot attempted in the streets of London by a few millenarian fanatics served as a pretext for the hrst attack upon the presbyterians. A royal proclamation, restoring the old denomination of nonconformists, as applied to all who did not belong to the Anglican church, forbad these to hold any religious assemblies out of their places of worship, until a conference between the bishops and the presbyterian ministers had regulated the existing differences on the subject of the Liturgy. The prohibition applied to the presbyterians as well as to the quakers and the millenarians; but events in Scot- land more clearly warned the presbyterians of the fate reserved for them by a ministry whom, from their hatred of the republicans, they had already enabled to proceed to such extremities. 1662.] PERSECUTION OF THE SCOTTISH PRESBYTERIANS. 63 After the restoration, the council had deliberated whether liberty should be restored to Scotland, or the military govern- ment established by Cromwell be still maintained there. Not- withstanding the joy which the Scots had manifested at the restoration, Charles inclined to the latter proposition, which, would secure to him for the future the submission of Scotland. He yielded, however, to the representations of his ministers and of the Scottish lord, Lauderdale, whose great services to the royal cause had procured him much influence with the king. Scotland was authorized to reconstitute her parliament, which since the second invasion of Cromwell had ceased to exist. The Scottish lord, Middleton, who was charged with the execution of this measure, which he himself had opposed, made use of it for the re-establishment of episcopacy in Scotland. He recalled to the parliament the bishops, who had been excluded from this body since the reign of James L, and succeeded in keeping out those men who had acted as leaders of the presbyterians during the revolution. Another question, also discussed in the council, was, whether the amnesty of Breda, being ad- dressed only to the English parliament, should be extended to Scotland. In Scotland, where, as we have seen above, there had been neither independents nor regicides, this act of pardon could have no other object than that of re- assuring the presbyterians, and Charles II. did not think it necessary to display so much consideration towards them. He knew that the Scottish presbyterians, as a religious sect, were far more hostile to the absolute authority at which he aspired than the English presbyterians were, as a political party. He therefore availed himself of the special manner in v^hich his promise of pardon designated his English subjects, to hurl down upon the Scottish presbyterians the weight of a ven- geance, which elsewhere he deemed it too perilous to execute. The energy which they had displayed in commencing the in- surrection with their own forces alone, and, later, during his residence amongst them, the daring freedom with winch they had censured his private conduct, were crimes which were always present to his mind, and the punishment of which, his courtiers urged, concerned the honour of the crown. His lieutenant, Middleton, directed against lord Argyle, the pos- sessor of immense domains in the west of Scotland, and the most ancient and distinguished of the presbyterian chiefs, an 64 HISTORY OF THE COUNTER-REVOLUTION. [ 1 660- impeachment concocted in the privy council. A confidential correspondence between the earl and Monk was produced in support of the impeachment. This correspondence, which Monk infamously delivered up, vaguely established that part of the accusation admitted by the Scottish parliament in the terms invented by Middleton — namely, the presumption of complicity in the death of the king. The letters of Argyle proved that he had been intimate with some of the judges of Charles I., but in no degree that he had approved of their sentence; however, the presumption was declared sufficient Argyle, condemned to death, was executed at Edinburgh, in presence of a vast assemblage, who were deeply affected by the sight of his white hairs, his calm resolution, the fervour of his prayers, and his protestations of attachment to the covenant. Middleton next, from among the presbyterian ministers, selected for trial as a factious perturbator, one Guthrie, whose condemnation he knew would be particularly agreeable to Charles II., because this minister was one of those who had offended him by their remonstrances while he was in Scotland. As there was no precise charge made against him, he defended himself as a man fully convinced that authority was resolved to make an example of him; and he disconcerted all the hopes of those who wished to save him. He received his sentence of condemnation as the promise of a "'martyrdom, the object of his wishes. "I saw him exe- cuted," says Burnet; "it was less resolution than a perfect disdain of death. He spoke for an hour upon the scaffold with a calmness which seemed more to belong to a preacher who delivers a sermon than to a man who pronounces his last words. He j ustified his conduct, and exhorted the people to remain faithful to the covenant, which he exalted in pompous terms."- After Guthrie's execution, other men who had been dis- tinguished in the presbyterian party as opponents of royalty, or of the tyranny of Cromwell or that of Monk, were tried and condemned, but obtained their pardon; which, morally, was equally grievous to the presbyterian party. In England, the conference, called the conference of the Savoy, having been prolonged through several months with- out bringing the Anglican bishops and the presbyterians to agree upon any one point, was dissolved; and almost at the 1662.] POLICY OF CLARENDON. . 65 same time a new parliament was convoked, destined to make brief work of the questions so fruitlessly discussed in the con- ference. The elections had taken place amidst the rejoicings at the coronation of Charles II. The nation had hitherto applauded every act of vengeance upon the republicans. The confidence placed in the intentions of the monarch and of his ministers was so great, that the elections had everywhere fallen upon the candidate supported by the court. The pres- byterians thus numbered very few members; and it was the same with the cavaliers, to whom the ministry thought it politic not to manifest any peculiar favour. The new mem- bers were landed proprietors, barristers, merchants, people in office; all of them steeped in the infatuation of royalism which pervaded the entire population. Yet the ministry, in supporting them as sincere friends, were mistaken, as they themselves mistook the true character of the hatred which they exhibited against the revolution. In general, as to religion, they had got back into a vague protestantism. Weary of the infinite quarrels among sectaries, whose zeal now appeared merely a dangerous, half-insane folly, they were inclined to think that the re-establishment of episcopacy in its old supremacy was necessary for the confirmation of royalty. At the opening of the session, the chancellor Clarendon strengthened this tendency by drawing a sombre picture of the perilous aspect presented by the insubordinate spirit of the preachers and soldiers. He said, that certain scandalous discourses delivered from the pulpit, coupled with the indi- cations furnished by an extensive correspondence which had been intercepted, showed that the restoration had many hidden enemies. He added, that he would not name any particular person or any sect; but that, in a general manner, he would not hesitate to affirm that the enemies of the Anglican church were also the ,enemies of the existing political system. The chancellor's speech, dictated, accord- ing to every appearance, far less by the conviction that any such dangers existed, than by his hatred to the pres- byterian party, made a deep impression upon the lower house, which immediately resolved, by a considerable majo- rity, that all its members should, on a certain day, publicly receive the communion according to the Anglican liturgy. It F 66 HISTORY OP THE COUNTER-REVOLUTION. [1660- also ordered that the Scottish covenant, and the act under the same title, adopted by the presbyterian parliament in 1643, should be burnt by the hangman. The war thus declared against the political and religious doctrines of the presbyterians was energetically followed up. The act of the 17th year of Charles L, which excluded the bishops from the upper house, was revoked by another act. An act entitled the Corporation Act, ordered that for the future, in order to be assured that all the members of corporations were attached to royalty, every mayor, alderman, common councilman, or simple officer of the corporation, should, in addition to the former oaths of allegiance and supremacy, take an oath of abjuration of the covenant, and another in these terms: " I, A. B., do solemnly declare that it is not lawful, upon any pretence whatsoever, to take up arms against the king; and that I do abhor the traitorous position of taking arms by his authority against his person, or against those who are commissioned by him, in pursuance of such commission. And I do swear that I will not, at any time to come, en- deavour the alteration of the government, either in church or state. So help me God." This oath was a bitter con- demnation of the past conduct of the presbyterians; a con- duct which they had, however, disavowed by effecting the restoration. Another act was drawn up to establish uni- formity in the public prayers and in the administration of the sacraments. A short prorogation of parliament took place, during which the ministry made every effort to dispose the public mind for receiving this act. The means employed were the same which had been already adopted since there were no longer regicides or marked republicans to attack. A rumour was got up of a vast conspiracy, plotted in common by all the nonconformists, and which was to break out by the insurrec- tion of the disbanded soldiery. No doubt there were many of these men, who, in their tavern-meetings, seriously dis- cussed the means of overthrowing, without chiefs or arms as they were, an order of things which they had not been able to prevent the establishment of when they had arms in their hands; but these were ideas inspired by regret for the past, and present distress. Cromwell's body of police, who had passed into the service of the king's ministers, knew and 1662.] THE ACT OF UNIFORMITY. 67 watched these ex-officers. They had recently been for- bidden to approach within twenty miles of London. The population had everywhere declared against them. The chancellor Clarendon must have known how little they were to be feared, how little the explosions of religious enthu- siasm which might burst from the presbyterian pulpits were likely to be contagious. He had not, and could not, furnish any proof of -the existence of the plots which he denounced; yet the fears which it suited him to feign communicated them- selves to men less in a position to judge of the reality of the danger; and the parliament, as soon as it met, voted the Act of Uniformity. By this act, it was ordained that all ministers should, on penalty of losing their benefices and being prosecuted under laws anterior to the revolution, conform to the worship of the Anglican church, according to the ritual just revised; should declare upon oath their approval of the entire contents of that work; should present themselves before the bishop to receive ordination, and should renew their oath to the king as head of the Anglican church. A brief interval was allowed them in which to prepare for this abjuration of their principles and their discipline. The reader is aware, that one of the prerogatives denied to Charles I. by the presbyterians, was the disposal of the armed forces of the kingdom, "and that it was upon this question the rupture more immediately took place; the present parliament, dominated by the idea that the only way to preserve royalty from fresh dangers would be to render it stronger than it had ever yet been, passed a resolution that the government, the administration and dis- posal of the militia, of the army and navy, and of all fortified places, was, by the laws of the kingdom, the right of his majesty; that neither of the houses of parliament nor both together, had power to make war, defensively or offensively, upon their lawful sovereign; that, accordingly, all lords- lieutenants of counties, generals, officers, soldiers, and sailors, should be called upon to take the following oath: " I, A. B., do declare that it is not lawful upon any pretence whatso- ever, to take arms against the king; that I do abhor that traitorous position of taking arms by his authority against his person, or against those that are commissioned by him." This was almost word for word the same oath which had just f2 68 HISTORY OF THE COUNTER-REVOLUTION, [1662- been imposed upon the members of corporations. The prin- ciples enumerated in these various acts were supported by rigorous penalties. Attacks, direct or indirect, seditious remarks spoken or written against the person of the king, any observations questioning the power which parliament acknowledged to belong to him, in virtue of his right of suc- cession to the crown, were declared to be high treason. The attacks which might proceed from the press being most easily provided against, parliament took especial steps to an- ticipate them. The press had not become a power until the Anglican reformation made use of it against Catholicism; but even then, Henry VIII. had kept it in check by limiting its exer- cise to the production of bibles, prayer-books, and contro- versial works directed against popery. Queen Mary made the printing of books the privilege of a company, bound to observe strict regulations, and subject to the arbitrary juris- diction of the Star Chamber. The number of presses and of working printers had been limited under the following reigns; and throughout the revolution the press had been equally restricted by the various parties who had been suc- cessively victorious; but in these days of confusion and ex- citement, when the most rigorous laws failed to silence the utterance of thought, the clandestine press produced the greater portion of those writings which influenced the public mind, and a prodigious number of obscure pamphlets. At the period which this history has now attained, parliament gave the privilege of the press to a corporation, called the- Stationers' Company, with the following regulations: books connected with law and legislation were to be sanctioned by the chancellor or one of the judges; works of history or of a political nature, by the secretary of state; works on heraldry, by the king at arms; and works on theology, physics, and philosophy, by the bishop of London and the archbishop of Canterbury. Books printed at the Universities were to be subject to the licence of the respective chancellors. The number of printers employed by the company was limited to twenty, each of whom was to provide good security. The censors might require the name of the author of every work to be given to them. It was further enacted, that, by the order of the secretary of state, or on the demand of the pri- 1663.] PERSECUTION OF THE NONCONFORMISTS. 69 vileged company, the king's officers might forcibly, and wherever they found them, take possession of all works pub- lished clandestinely, or which had not been licensed by the censors; and that the authors of all such works should be liable to the jurisdiction of a tribunal, consisting solely of the bishop of London and the archbishop of Canterbury; finally, that for the future no printing press should be permitted, except in the cities of York and London, or in the principal universities. The act was to remain in force for three years, at the expiration of which period its provisions might be renewed, or modified every three years. The government had thus to carry into execution, at one and the same time, important laws respecting the press, the disbanded troops, the corporations, the army, and religion; laws, all of them more or less tyrannical, but as yet not so regarded by the nation, because they applied only to people whose disaffection towards the established government was openly manifested. The Corporation act gave rise to much vexation. The officers charged with administering the oath in the counties and towns at a distance from London, ejected from the corporations all those whom they did not consider imbued with the existing principles of the house of commons, and exercised very great rigour in the process of expulsion. They levelled the walls of several towns which had signalised themselves in the wars against Charles I. The Act of Uniformity obliged many ministers to abandon their livings, and in some counties the repugnance of the people to attend the Anglican churches, and to take part in a service performed by clergymen in surplices, was extreme. It was not, however, in this way that the favourite work of Clarendon, of the bishops, and of the lower house was to be assailed. Under the general name of nonconformists, the Anglican church persecuted at once the anabaptists, the millenarians, the presbyterians, and the catholics. Now, the latter had powerful supporters at court, and, more than this, were filled with high hopes. The papists had been throughout the civil war the indefatigable partisans of Charles I. During the exile of the princes they had not, like the presbyterians, and many members of the church of England, concurred in the despotism of Cromwell. The king, as we have seen, pre- 70 HISTORY OF THE COUNTER-REVOLUTION. [1662- ferred this religion to all others, not as one of purer doctrine, but as one better adapted to promote the interests of mo- narchies. The duke of York, his brother, had a still more decided inclination for it; though intimately connected with the minister, Clarendon, whose daughter he had first seduced and then married, and of whose general administration he was a strenuous supporter, he censured him warmly for this persecution, common to catholics with presbyterians. The queen-mother was a zealous catholic. The king since his return had wedded a papist princess. The court was filled with priests of this religion, in the service of the two queens; these circumstances determined Charles in re- quiring of his ministers and the lower house, to make a distinction in favour of the catholics, and, not obtaining his object, he complained that the promise he had given in his declaration of Breda was broken against his will. He had announced equal toleration for all, he said, and he would give it; he was master, and he needed no other person's sanction. The ministers, Clarendon and Southampton, represented to him, that if there was one sentiment which, more powerfully than any other, predominated in the breast of Englishmen, it was the hatred of popery; that the gunpowder-plot, the execu- tions under queen Mary, the massacre in Ireland, were not forgotten; that the slightest mark of favour given to the papists would again raise into importance the presbyterians, and other men still more dangerous; and that, since rigorous measures against the presbyterians were deemed essential, it was equally essential to preserve these measures from un-, popularity, that they should be extended to the papists and to all nonconformists whatsoever. These arguments failed to influence the king, who intimated his intention to publish a pro- clamation modifying, in favour of all nonconformists without exception, the excessive severity of the act of parliament. This was the commencement of a misunderstanding be- tween the king and his Anglican ministers, which, on the part of the former, became determined hostility, and, before long, he yielded without reserve to the inclination which drew him towards other men, whose personal profligacy encouraged his ow^n — men, who were the companions of his debaucheries, and the obsequious flatterers of his mistresses; men, who were enriched by his prodigality at the expense of 1663.] the king's favourites. 71 the people. Regarded with dislike by Clarendon and South- ampton, who throughout had inspired the king rather with respect than with either confidence or friendship, they de- stroyed the credit of those ministers, by scoffing at their prin- ciples, by insinuating distrust of their intentions, and by ridiculing their language and their manners. The latter expedient was of all powerful effect with Charles II., who infinitely preferred the councils of men who amused him by the sallies of their wit, and interested him by their brilliant vices. First among these was Buckingham, whom a precocious matu- rity in every sort of corruption had, from earliest manhood, rendered master of the weak and profligate mind of Charles IL; then Ashley Cooper, less noted for the disorders of his private life than for his political treachery, and whose con- duct at the period of the restoration has been described; next came Bennett, afterwards earl of Arlington, a man said to be skilful in state affairs, but whose part at court was merely that of a subordinate go-between; Berkley, who shared with him the superintendence of the king's pleasures and the management of the royal mistresses; Crawford, a man whose inferior talents were compensated in the opinion of his profli- gate associates, by his pre-eminent capacity for debaucheries of every kind ; lastly, the Scottish earl Lauderdale, a cold libertine, who, unlike the other favourites, was a man of dull mind and awkward exterior, but who secured the attachment of Charles II. by the ardour with which he concurred in every measure of tyranny. Each of these men had about him two or three dependents, of a quality presenting some analogy with those which had procured his own elevation to favour, and in such company Charles passed all the time which he did not give to his mistresses, or could refuse to his ministers. It may readily be imagined that these councillors, most of them overwhelmed with debt and leading dissolute lives, would, in common with the king, desire that the parliament should be brought to a state of submission, of more practical utility than that which consisted in protestations of loyalty. The cry with all of them at this moment was, Toleration. The earl of Bristol, who participated in their intrigues, out of personal hatred to Clarendon, and because, having, while in exile, embraced the catholic religion, he felt himself endangered by the act against nonconformists, exerted himself to the 72 HISTORY OF THE COUNTER-REVOLUTION. [ [1663- utmost to stifle in its birth the Anglican opposition, favoured, as he said, by the treachery of the chancellor. This opposition manifested itself from the first moment that the favour of the king towards the catholics became per- ceptible. The royalist fervour, which had animated the first sittings of the lower house, while the nation was under ap- prehension of the independents and of the presbyterians, had passed away with the danger which called it forth. The ma- jority did not at all pique itself upon abstract patriotism; the very word was still under proscription, from the constant use which had been made of it by the republicans. Many mem- bers held offices under the court; yet, at the first breath of new alarms, the house armed itself against its known and against its hidden foes, with an inexorable dictature, which it would have been perilous to have sought to wrest from it. Charles IL, reduced to the necessity of mitigating the condition of the catholics, by means of toleration, published, contrary to the wishes of his ministers, a declaration of indulgence, the tardy fulfilment of his promises from Breda, which had been so frequently invoked by the proscribed republicans. Citing the 'article of the Breda declaration which announced liberty of conscience : " We at first applied ourself," said he, "thoroughly to establish the uniformity of the Angli- can church in all that concerns discipline, ceremonials, and government, and we continue firmly resolved to main- tain it; but as to the punishment of such as, comporting themselves peacefully, still feel a difficulty, from misdirected delicacy of conscience, in conforming to the English church, and practise, without indecency, the worship suited to their principles, we purpose as far as it may be in our power, and without prejudice to the privileges of parliament, to call upon the wisdom of parliament in the next session, to concur with us in some measure that shall authorize us, with general con- sent, to exercise the dispensing power which we deem inherent to our royal person." Notwithstanding the extreme reserve with which the king here expressed himself, the parliament that met shortly after the publication of the declaration of indulgence, did not accept its affected scrupulousness for the fulfilment of a promise which experience had already more than once shown to be altogether futile. The house of commons, meeting artifice 1664.] PROCEEDINGS OF PARLIAMENT. 73 with artifice, represented that the king's promises had been only conditional, and that the two houses, fulfilling the confi- dence which he had displayed in them, when he left it to them to make what exceptions and limitations they thought fit, had resolved to release him from obligations which might be pro- ductive of detriment to the Anglican ehurch and favour the Catholic schism. An address, following up this remonstrance, prayed the king to lay aside that extreme indulgence which had brought into England so many Komish priests and Jesuits, and required from him a 23roclamation, commanding all such persons to quit the kingdom within a certain brief time. Ministers urged upon the king the essential necessity of satis- fying the parliament in this matter, and he accordingly issued a proclamation; but an exception, introduced by the consent of parliament itself, in favour of the priests attached to the service of the two queens and of the ambassadors from Catho- lic powers, neutralized the whole measure for a host of Eng- lish priests remained under shelter of this exception, which availed them for a long time. The declaration of indulgence was practically maintained. /J b^o/al vJtnauptWi o : In the same session the commons* granted the king, at his request, an increase of his civil list, which they raised from 1,200,000/. to 2,000,000/.; they passed over/ without any ex- pression of dissatisfaction, the sale of Dunkirk to the French, a transaction sanctioned by Clarendon,: and the proceeds of which had been almost instantly dissipated fey the king in vicious prodigality. Less compliant upon the question of his authority with reference to the disposal of the militia, the commons passed a resolution that the king could not keep them under arms for more than a fortnight in each year, a resolution intended less to relieve the militia, than to prevent the king from making an instrument of that body. In the following session, Charles answered this mark of distrust by displaying a solicitude for his royal prerogative even exceed- ing that which parliament had hitherto manifested. The new attitude of this assembly operated as a warning that, ere long, if unchecked, it might proceed still further; he required from it the repeal of the triennial bill, as- sented to, twenty-four years before, by Charles, and in virtue of which the two houses were empowered to meet of their own act, at the expiration of three years, should 74 HISTORY OF THE COUNTER-REVOLUTION. [1664- tlie king refuse or neglect to convoke them. Parliament repealed the act, which was drawn up in terms which did not meet its present views, and contented itself with retaining the general provision that no interval of parliament should ex- ceed three years. On its part, parliament passed several new laws against the nonconformists, without distinction of sect. It was enacted that if more than five persons beyond the number composing a family, assembled with that family for any religious exercise, each person present should for the first offence pay a fine of 51., or undergo three months imprison- ment; for the second offence, 10/., or six months imprisonment; and for the third offence, a fine of 100/., or be transported beyond seas for seven years. A resolution passed in the same session, by the house of commons, on the subject of certain commercial grievances of England against Holland, occasioned a rupture with this republic, at that time the immediate rival of England. The almost European war which ensued, diverted for a while that legal struggle, but just commenced, in which, on the one hand, parliament, under cover of religious convictions, sought to regain by degrees the national liberties which the weakness of the presbyterian parliament had entirely sacrificed, whilst on the other hand, royalty, compelled by its daily recurring necessities to abate more and more of its original pretensions, imperceptibly lost again the ground which it had so rapidly recovered. The commercial prejudices of England, her hatred of a new people, inferior to herself in power, but who yet, by dint of skill and industry, were not unsuccessfully competing with lier in all the markets of the world; the financial embarrass- ments in which the king was involved, and which a war alone could terminate; the intrigues and turbulent projects of the daring and ambitious men who shared his pleasures; the solicitations of the duke of York, a man strongly im- pressed with the idea of maintaining and extending the colonial interests of England, and who, consummately skilled in every branch of the theory of navigation, desired an opportunity of putting his knowledge to practical use, and of thus giving himself distinction; finally, the opinion generally prevalent, and not without some foundation, that the Dutch were endeavouring to reinstate the republican party in England, and were in active correspondence with the presby- 1665.] THE FIVE MILE ACT. 75 terians of Scotland: all these circumstances combined to decide the ministry in favour of war, and war was accordingly declared by the king, after protracted negotiations which gave both nations time to prepare for maintaining at home the hostilities which had already begun in] their remote colonies. Parliament granted to the king, to defray the expenses of the war, the largest subsidy (2,500,000/.) that ever king of England had obtained, and in return experienced no opposi- tion to the laws which it was pleased to frame against those internal enemies whose alliance with the Dutch appeared no longer matter of doubt. Whilst the duke of York, with a numerous fleet, assailed the Dutch at sea, and Denmark and France, who had given way since the commencement of the dispute to the tortuous combinations of the famous Balance of Europe system, took part with the United Provinces, parliament at home passed against the nonconformists the Five Mile Act. This mea- sure prohibited the refractory ministers, under a penalty of six months' imprisonment and a fine of fifty pounds, from coming within five miles of the place where, in consequence of their nonconformity, they had ceased to exercise their ministry. These new restrictions, with those resulting from the act against private assemblies called conventicles, were intended to drive the nonconformist presbyterians to extremities; but in England public opinion was already greatly modified. The conduct of the parliament, comprehended in its meaning by many rigid presbyterians, decided them to submission and to a junction with the anti-papist system, by means of which the episcopalians had created the only legal resistance at all prac- ticable. Those nonconformists who, less politic or more un- bending, persevered in exposing themselves to the rigour of the laws, were pitied, but not supported. After the terrible persecutions that had been witnessed, in a period when any resistance was visited with death, men were very ill disposed to agitation about mere fines and imprisonments. The case was altogether different in Scotland; that un- happy country still continued to be governed by a stupid, obtuse parliament, acting wholly under the dictation of lord Rothes, a man exactly resembling lord Middleton, whom he had succeeded in office, and of the privy council at London, and of another, regularly corresponding with this, at Edin- 76 HISTORY OF THE COUNTER-REVOLUTION. [1665- burgh. The Act of Uniformity, immediately after its publi- cation in England, had been adopted by the Scottish parlia- ment. The bishops despatched from England to superintend the re-establishment of episcopacy in Scotland, were, with the exception of Leighton, himself one of the most virtuous and most learned men of his time, either people of no cha- racter, and ready to allow any tyranny to be exercised in their names, or actual creatures of the intriguer Sharp, who had been appointed archbishop of St. Andrews. This Sharp was a wretch, who throughout the revolution had worn every mask, and feigned each fanaticism that had successively be- come the order of the day. His vehement professions of in- ordinate zeal for the person of the monarch had, since the resto- ration, placed and kept him in favour. He was the close friend of lord Rothes, and, like that nobleman, involved royalty in general odium by his connexion with it. The religious revolution which these persons had under- taken to effect in Scotland by violence, could only be the work of time. Here resistance had its bulwark in the man- ners and morals of the people, and not in their interests. The natural tendency of the Scots to exaltation found in the contemplation of an invisible world an attraction to which the sufferings of actual life, the horrors of persecution, gave a still higher colouring. The ministers of that presbyterian creed, so dear to the nation, had, says an historian of the period, brought the people to so advanced a condition of mental culture, that even the commonest labourers and servants extemporized prayers with a fluency of ideas and a facility of expression which astonished even persons who were prejudiced against them. They assembled in the evening to pray and read the Scriptures, and at these meetings every one present, man and woman, was requested to communicate his or her thoughts to the rest. It was by this mental discipline that the people had attained a degree of knowledge and learning on theological subjects which has never been met with elsewhere among the same classes. When the Scottish presbyterians were prevented from fulfill ing these pious rites in their churches, most of which were shut up, they assembled in their houses, or in the open air. The Conventicle act prohibited these meetings, but it was no easy matter to surprise those who repaired to them. The 1667.] INSURRECTION IN SCOTLAND. 77 people mutually aided each other, and refused to serve as witnesses against one another; the churches were generally abandoned, and if any one presented himself there at all, it was merely to insult the intruding minister nominated by the ecclesiastical council under the presidency of Sharp. In the western districts, where resistance was favoured by the moun- tainous character of the country, the presbyterians went armed to the conventicles. The local agents of authority being unable to suppress these assemblages, the king sent a reinforcement of regular troops, under the command of one Turner, who seized the principal inhabitants as hostages, and scoured the country with a list of those who did not attend the churches, from whom he rigorously exacted fines, and, in addition, personally misused when he was intoxicated, a cir- cumstance of frequent occurrence. His soldiers, billeted upon the people, were left wholly to their own discretion, and, assured of impunity, committed every description of outrage. Such was the situation of Scotland when war broke out with Holland; the presbyterians were so cruelly persecuted, that ready faith might be placed in any rumour of their hold- ing correspondence with the enemy. Charles II. received from his agents at Rotterdam information that the Scottish refugees there were in active agitation, and that the States- general seemed disposed to assist them with money and arms. He immediately summoned from Russia generals Dalziel and Drummond, two officers who had served him in the civil wars, and whose hard souls he knew to be proof against any touch of pity. These men were despatched into Scotland with considerable forces, which they were directed to quarter upon fresh districts of the country. The apprehension of being utterly exterminated drove the presbyterians to revolt. Two thousand men, suddenly collected at Dumfries under the command of their ministers and of two or three retired officers, proclaimed the covenant, and seized upon Turner, whom, however, they dismissed unharmed, when they found, from a perusal of his papers, that he had been far from carrying out the barbarous instructions given him under the hands and seals of Sharp and lord Rothes. General Dalziel marched from Edinburgh at the head of his regular and disciplined troops against the half-armed, half-clothed insurgents, who were designated whigs. He met them advancing to attack him* 78 HISTORY OF THE COUNTER-REVOLUTION. [1665- 'and had no difficulty in compelling them to retreat. The presbyterians, hemmed in upon the Pentland -hills, killed some half dozen of the royalist soldiers, and themselves lost forty men; most of the remainder made their escape. This skir- mish sufficed to end the rebellion. Dalziel sent the leaders prisoners to Edinburgh. Archbishop Sharp, who, from the first intelligence of the outbreak up to that of Dalziel's victory, had exhibited the most despicable pusillanimity, now resumed all his sangui- nary energy in the punishment of the unhappy prisoners. Ten of them were called upon to choose between abjuration of the covenant or death, and they unhesitatingly adopted the latter alternative. They were all hanged, after having, under protracted tortures, given their testimony, as they expressed it, to the covenant. Maccail, one of their minis- ters, was in particular subjected by the executioners to the utmost refinement of suffering which their cruelty could invent; but nothing availed to overcome his resolution, and the torturers gave over their task in very weariness. Whilst they were breaking his limbs with iron wedges, he exclaimed: " Farewell, sun, moon, and stars! Farewell, world and time! Farewell, poor, fragile body! Behold, I see before me eter- nity! I see before me God, the universal judge!" Whilst, in the name of the king, these horrors were being committed at Edinburgh, Dalziel had quartered his soldiers over the insurgent country, and, to use his own phrase, was converting the inhabitants to episcopacy; in other words, driving them by force to the episcopal churches. He abso- lutely threatened to spit and roast alive those who refused to obey; and with his Moscovite habits, this would have seemed to him merely one mode of punishing among the rest open to him. He himself, in drunken fits, killed several recusants with his own hand; and ere long diffused so general and so profound a terror, that when the king deemed it advisable to recal him, with Sharp and lord Rothes, the unhappy presbyte- rians had become so subdued that they did all that was re- quired of them, though under the immediate influence of far less rigorous means. These atrocities took place during the war with Holland. It is painful, on turning to what was passing contempo- raneously in England, to have to admit that, horrible as these 1667.1 PERSECUTION OF THE SCOTS. 79 atrocities were, they almost inevitably resulted from the system adopted by the English parliament and ministry. They are a melancholy illustration of the effects of religious intolerance, when employed as a political weapon. In the hands of the Anglican party, this weapon was made use of against the papists; and it so happened that each blow it struck at the papists fell also upon the presbyterians. It is very possible, that English liberty owes no inconsiderable debt to the fearful policy which consented to the extermina- tion of one class in order to secure the persecution of an- other; but never, throughout the revolution, was that noble cause promoted by more odious means. Never has the detestable sophism of wholesome murder so flagrantly out- raged all reason and humanity; and yet the same horror has never attached to the names of the leaders of the Restoration long parliament as to those of Cromwell, Bradshaw, Ireton, and the members of the Rump parliament. The reason is, that the times which have since elapsed have not been such as to allow of full justice being rendered; that the prejudices which then blinded the Anglican opposition have not even yet passed away. Yet, of the just abhorrence inspired by the persecution of the Scottish presbyterians at this period, the far larger pro- portion should fall upon Charles II. ; he was the chief culprit, not from the negligence which he generally manifested in public affairs, but, on the contrary, from the eager solicitude with which he sought out men capable of the utmost excesses, first in ruling, and then in reducing those whom he inso- lently designated a nation of brutes. The parliament allowed him to take his own course in the matter unques- tioned, thus adopting all the consequences of its laws against the nonconformists. These laws were not, as regarded many of the members, the result of that cold calculation which has been made a reproach against Clarendon, but of the habit of intolerance engendered by two centuries of religious strife. The parties who had effected the triumph, and then lost the cause of the revolution, had given to this great social movement its religious character; and, since the post, abandoned by the presbyterians, was at this time menaced by that Christian sect, which, of all others, had most blood to expend in its struggle for rule, the course pursued by the 80 HISTORY OF THE COUNTER-REVOLUTION. [1667- Anglican parliament to maintain the attitude which the force of circumstances had enabled it to assume, merits more than ordinary attention. One fact that may, to a certain extent, explain its indif- ference on this subject, is, that at the time it abandoned the Scottish presbyterians to the tyranny of Sharp and of the earl of Rothes, the English parliament was itself surrounded by scenes of desolate affliction, and by cries of public distress. The subsidies, so lavishly granted to the king to defray the expenses of the war, had been employed, before the eyes of the whole population, to purchase the favours of dissolute Women. The progress of the war had been most unfavourable to England: the famous admiral, De Ruyter, burned and sunk whole squadrons; the sailors were ill paid and ill fed; the plague had half depopulated London; and this scourge had scarce begun to pass away, when a terrible fire destroyed thirteen thousand houses in the metropolis. De Ruyter at length carried his daring so far as to insult the coasts and ports of England, and, sailing up the Thames, threw' terror into London itself. Peace alone could terminate this multipli- cation of dangers and disasters; it was accordingly concluded at Breda, upon conditions altogether humiliating to England. At this juncture, discontent becoming general, dissipated the old distinctions of party; the public sympathy received, with a feeling wholly adverse to Charles, the complaints of some of his faithful adherents, whom, when he could dispense with their services, he had left to exist in misery, while favourites and courtezans wallowed in a luxury which seemed to grow more and more monstrous in proportion as the public calamities grew more and more overwhelming. All the rumours respecting the conduct of the duke of York with the fleet; the conjectures created by his total insensibility amidst the fire of London; the accounts of the debaucheries which the king had not ceased to indulge in, even when De Ruyter was advancing up the Thames; a thousand accusations, many of them obviously absurd, found full credit with an oppressed and irritated people. All the debates and all the proceedings of the parliament during the two years filled with such dis- astrous events, bear the impress of the agitation and distrust which pervaded the national mind. The lower house, to ensure the execution of the laws against the nonconformists, 1668.] FIRE OF LONDON. 81 attempted to enact an oath, called the non-resistance oath, which, in point of fact, involved neither more nor less than the obligation upon all dissenters to abjure their belief. The measure was only rejected by a majority of three. On the occasion of the fire of London, the popular rumour which attributed this catastrophe to a popish conspiracy received a sort of confirmation from the solemn inquiry made into the subject by the two houses. The inquiry ended in nothing; yet parliament authorized the erection of a monument, bearing an inscription which charged the conflagration upon the papists; and again demanded from the king the promulgation of an ordinance expelling all Jesuits and Romish priests from the kingdom without delay. Lastly, proving more clearly than anything else the degree of distrust in which the court was held, the king having, on the appearance of Ruyter in the Thames, hastily assembled an army of twelve thousand men, the parliament, immediately that the danger had passed off, required the instant dismissal of this force, and would grant even the usual subsidies upon no other terms. Such a multiplicity of blunders in the administration, in the government, in the conduct of the war, in the external negotiations affecting the honour of England, could not be submitted to by a nation of late so powerful and so respected, without the sacrifice of at least one victim to the general dis- content. The spleen of all parties, accordingly, was directed against the chancellor Clarendon; a circumstance that at first may seem strange, after what has been said of his alliance with the party which ruled the two houses, and appeared predominant out of doors. But Clarendon having discoun- tenanced the rupture with Holland, at a time when all England desired it, the ill-conduct of a war, which he had thus disapproved of, was made matter of reproach against him, as if it had been the result rather of his secret ill-will to it, than of a want of due ability. He had been endeavouring of late to keep the balance between what people were again beginning to call the court party and the national party; and the king, by throwing upon him the responsibility of all that had been done, gladly seized the opportunity thus afforded of emanci- pating himself from the earl's troublesome austerity; while, on the other hand, the parliament, in punishing him for various^ acts wherein he had exhibited over complaisance G 82 HISTORY OF THE COUNTER-REVOLUTION. [1667- towards the court, found occasion to send forth a general reprobation of the waste of public money. Unluckily for his reputation, Clarendon's private fortune had become largely augmented since his accession to office; and, with the people, this at once summed up and clearly confirmed every possible imputation. The king therefore thought he should be gratifying the country, in common with himself, in announcing to it the dismissal of the chancellor; parliament went farther than this, and impeached the earl. It is perfectly easy, however, to see from the terms of the impeachment itself, that the greater por- tion of the grievances alleged against the disgraced minister directly applied to the king himself. Each of its articles was, so to speak, the protest of one or other of the classes whom the restoration had already rendered discontented. Thus, Clarendon was charged with having counselled the king to levy an army for the purpose of ruling in an absolute manner; with having said that the king was a papist; with having caused the transportation of several persons in an illegal manner; with having counselled the king to sell Dun- kirk, and with having corruptly received a portion of the purchase money; with having deprived most of the corpora- tions of England of their charters ; with having betrayed the king in the negotiations connected with the late w r ar; with having counselled the division of the fleet, which had given the victory to the Dutch; finally, with having authorized various measures impeding the ordinary course of justice. This latter accusation referred to various attempts of Claren- don against the independence of grand and petty juries. The trial by jury was one of those institutions which the English had been the first to appreciate the importance of; the abso- lute kings, from Henry VIII. downwards, had frequently imposed fines upon grand and petty juries, in order to punish them for verdicts counter to the views of power: the revolu- tion had destroyed this abuse; Clarendon revived it. Upon several prosecutions of officers charged by the government with some conspiracy or other, jurcrs, under his direction, had been reprimanded or fined for verdicts of acquittal pro- nounced according to their conscience and their oath, and the institution was now fettered. Clarendon met the impeachment with a long memorial;. 1668.] EXILE OF CLARENDON. 83 an altogether ill-judged composition, in that its aim more especially was to convict each of the other parties of error; the parliament accordingly denounced the production as li- bellous, and adjudged Clarendon to exile, a sentence to which he submitted in silence. The opinion universally prevalent that he carried with him into banishment an enormous amount of wealth, created against him throughout the nation a hatred which was never extinguished. His friend, the lord trea- surer Southampton, had died three months before this. In the last privy council which his declining health enabled him to attend, Southampton, finding himself called upon to defend the absent Clarendon from the attacks of his colleagues, said: " My lord Clarendon is a good protestant, and a good church- man; so long as he remains in authority, so long will our laws, our liberties, and our religion be free from danger; if he be removed, I tremble for the consequences." In the opinion of his brother princes, Charles committed a great error in borrowing the aid of the house of commons against Clarendon; he thus invested the house with that power of impeaching ministers which deprived his successor of the restoration, and occasioned future ministers, ever ex- posed to the jurisdiction of parliament, to seek the concur- rence of that assembly, even by sacrificing to it the interests of the crown. g2 84 HISTORY OF THE COUNTER-REVOLUTION. [1667- ÎO tomlflioqqx* dd J v o ni BfioimO lo oini [8 obrushO lis &fl£ t iova" [ difj-ol 9f(fj3tq6oofi boitât* abn lisift *d3 ©HOTTER III. oiq 9fJt .j89TT£ o* 889hswo ift BfiB gnri sdT A- MINISTRY OF THE CABAL. 9ijjqaib bio 9ifr nedw ijib> : i brmatie» ; t£ rthàé .league ,abfit>tee®iithee two kings, which, in the ..outset, was kept wholly secret,- ifchafc Charles and Xfouiaojrro-pdsétoL» tooassigifcjfo ïbeiyotag- prince of Orange, aftefr dviarthr.oivpg^^ieicDirrcli rejaifclie; bufcj&ogmall portion of (the t^r»t^3&wMirt« i accordance! with-: im views.:. He was on the point of seeing a rJortioni of .-his hopes realized. The duke of York was not veiîpduccessfîul^ sea against Ruy ter; but Louis; marching in the- ti-aiii of a fork midable army, commanded by Turenne and the prince de Condé, obtained such marked triumphs, that the: States; very soon after the commencement of the campaign, found* them- selves compelled to solicit peace. Although the pensionary, John de Witt, had done, in this dangerous crisis, all that man could do, popular discontent attributed to him the mis- fortunes of a war, which he had, it was said> provoked by the pertinacious exhibition of his ultra-republican principles. In spite of all he could urge to the contrary, the prince of Orange, then twenty-two years of age, was placed at the head of an army, and at a time when every one despaired of the salvation of the country, made himself conspicuous j iï*om the first, by that most valuable of military qualities, the calm vigour of mind which the experience of danger does not always bring with it. Nothing more was «needed ; to recal to the nation all the merits of a family which i Had i so >kmg> been dear to it, and to give triumph to the Orange JpaÉtji.. De Witt, who was/represented da* hiwing too deeply aiifcurrfed-iitlie hostility of the two kings not to be a lasting obstacle to peace, became, in a few months, an object of hatred to the more timid of the people; and unhappily, instead of that considera- tion which it is, perhaps, necessary to show towards errors 1673. J MURDER OF THE DE WITTS. 101 inseparable from human frailty*, he gave way to a pro- found sentiment» of scorn for his fellow citizens; and thence- forth separated tkear- cause from his own. John -de Witibuhad a brother who <\ had 1 long shared public favoui?»withi liim^JanoV like hiiB^jhadj-nlerited it by great ser- vices, rare talents, and liobMîvktues. Cornelius de Witt was accused f by sorile; \ miscreant vof r haiviwerei some Orange chiefs. To say that they wBreiimassaéredy that their bodies were cut in pieces, is to confess that patriotismi would be a poor virtue were it only to be^apjke&iated by the multitude, such as ignorance and supeirstltionjhayeimadé' 'thatrmultitiicl6;no'; sdl The death of these tw/o great men was followed in Tlolland by a violent re^aetiQnrihgairi$tiiil^:ii^pdblican party. The nation iwenti; so' far in' the abandonment of the principles to which it had'^Wfediits splendohrfithfttifeirl^ie prince of Orange toi havëpatoineid ^iïh'e ^sovereignty, : there was wanting but Ms jcoiisept'/to .then advances made ! to' him; But naturally eaatïous} Jhe^maJSTfEusted . the popular ebullitions so favour- able to idnq s and- 1 1 contented -Himself! î with the stadtholder- ^i^ni«>Whileuaiiq-jentir ! eunbkd;ïièjiT!ad)aboufedo depart, hauhag, realized nothing by his journey but the opportunity of closely observing •ôndgètii4yijig .feftpairties^ and withaùtl&wkig said a word about the n^rri age, f when Danby took upori himself to make the first overture to the king upon this subject. ©hades. testineaigr^^tô^rféepbnt;m^4e>iip objection beyond alleging the inflexible obstinacy of theiidifkalof York. i^jBoinit is easy," saideIgaBby,-M%mT^It]^ understand that such lar-niarirâ age; is more for his own interest than foil that aïjmiv majesty*? lAdl Ea^atid/i&^laQPmfed[,«ti seeing Musi profess popish piinciplesvr>~I!f èjei^iwesvhi^IdQughîtefiito a prince wh^-isnatithenhead of the protestant communion, it will appeal that hi&fc^igicin k)bal^ activate ^mwiioas±o2Ùàxk\ that rheddqesBaot ideairieitMrn^osei iifcou^sHirifliiyf.>oaie,Jil§tflcvfi£tv on hi6:.<|hiidirèm ,, tn Ak^âiiûi^mUeljî partlyi^ tier usëibf tfeiss argitoientjimd *jMtilf by rfaasf jaéthçrit^ • ;the ïMng< foarought i ifeifcn brfitkerv/torr c^awsft refais fiâew-fig tlien^i having* assemlbfedr théi council- he I sent for the prin de ; of Grange, and the whole affûteras s(^tledî:bé^ôitbeHQcamcflrïos£lj' £tinis]XI¥jildariiftffi at one andl the; same time the real aim of William V jdnraej^I/ his marriage with the daughter of the duke of York, and the political alliamce ivvhièhtwa^ to jeûsiiel i IAj m^seerigear: tfram Eng> land notified to: him a plan of pacification to which he was invited to-.^lDacritofâiatiofaeeiiif»'4pHdid.' not desire toiseeiEngteoid arm agahistli^ and t ies^eeia%] nagaèdat i rthè/ liï&ké uofl "Jidrtkq rwhioii oh# I -eon- s ideréd/ r&ara a^erelyrafcia>efced gtee Imiti. . e / Meanjfeimev {Bàrilkxiq < i his new ambassador^ -wrote, to him 5 that tbtartwci 3 princes humbly supplicated 3rinfetal understand j tips&\ ite^iks in sjiite of themselves thatiithô|tf had [sent ?to him^ that; they did not 1678.] DISTRUST OF THE COMMONS. 121 desire war, but only yielded to the imperious exigencies of their situation. These reasons did not in the least affect Louis; he haughtily rejected the appeal, and sent word to Charles, through Barilkm, that he withdrew his pension. It wits not without bitter regret for the lost favours of I^uis;ISI¥/Jjwiiicli>had enabled hint to live in obscure infamy, and apparently exempt from danger, that Charles regarded the violent resultslthat must inevitably follow upon the detec- tion of the new deception eiounselled by Banby ; but all means c^i«ub^er^geimieT©(^at-a'H' endbi -j*I» the beginning of 1678, l>arliament:waB «on^okec^imné/iQhafcle^ declared ttt it that he wâs-ééteimimedr to^ocour Hollands ''The union of the prince of Qran^ei with ihis miede was y he said, ihb" pledge of his firm intention." ■ ; He demanded two millions -sterling to levy an armyuof thirty thousand men, and to extend the- navy. He perhaps thougM it&lat>e>the proposal tfWould be received with the sànieëcclamàtâAsIwhiéhithe people, soiea8ily deceived, had everywfefeBe deni/foJKtli on first learning his change of policy. But itiThisimpjb8siMe r ebEiKim*to^h*afVie û cmrëtâ thought which those _who had longitseijvfediiihhn* and who now aided the opposition^ iwould not at once discover. iâ£COiidingly, some represented itha^t it i would (be better^ with this" subsidy of two niffioiis,* rlortak© into rihei seririce oftiEngdand foreign troops, who might, be )dismissedrJonr tte^edaration-bf^peaee^ than to raise within the kingdom; a^'yârm^iwHicd^at' ailaber period, might bj3;emiplffyeH againstj'pirliamtefatj! ^)th©rs -declared that they wokliinesreriicredit ntlde genuine adoptk«fcfafc neiwi prin- ciples//sojdongriias ? 3^aaitb^ remained* [naiiisteii and" Lauderdale uh|«mishëdl Zliàstl^, th©)Cdmmon*:^miadÈ(iëd^'thaV -without delays iihèyshiiftl37n[mw wiih ifche situation «fuHieif kingdom- in reference toi *pi>pery. These TTaribusobjeeticDii^ did' not pré vent» the f grant«xfi the sub- sidy, and the actl aurthoming; the levy of troops^ from passing ; for commands in the* newérniy ^véberpromised to;maiiy -mem- bers of the uppmlKJiaseitiie^ felt the neeessityiof lâaalicipaltiiig Louis 3SI Vain "the campaign about to open. The objections, lao^evfef^ih^dïôated'aiiaiô trust which, towards the end of that session, l>urst forth in- violent storms. The warlike preparations of England were as yet only intended to make her respected in the negotiations which 122 HISTORY OF THE COUNTER-REVOLUTION. [1678- were opened at Nymegen between her and France, Spain, and Holland. The duke of Monmouth departed with three thousand men to cover Ostend; troops, which the duke of York was to command, were actively raised to support him, and all those already on foot were recalled from the various points where they were not absolutely needed. Scot- land thus found herself for a time released from the forces which, for ten years, had maintained the royal government there. In this unhappy country nothing was changed; the odious parliament which, in the early years of the restoration, had sullied itself with so many infamous condemnations, still trembled under Lauderdale and archbishop Sharp, and made the nation tremble by its facility in sanctioning all the acts of tyranny which these two men exercised in the name of Charles. The presbyterian church, still outlawed, lived in the con- sciences and affections of men. Eighteen years' existence had not yet given prescription either to episcopacy or to royalty. Military occupation ceasing for an instant, the presbyterian conventicles, wliich Charles called the nurseries of revolt, soon reappeared, more especially in the w r estern Lowlands. Lauderdale interdicted them, according to the rigorous laws already existing; but his orders, unsupported by soldiers, were treated with contempt. He broke out into empty threats, saying, that he would make a desert of those counties unless all the landed proprietors there prevented their farmers, tenants, and servants, men, women, and children, from attending the conventicles: the proprietors answered, that they could only engage to obey the law for themselves. Lauderdale then wrote to London, that Scotland was in a state of revolt, and that he must have troops, and unlimited powers. The ministry immediately sent artillery and cavalry to Scotland, and, as it had not sufficient forces at its disposal, it authorized Lauderdale to employ the mountain clans, who, from time immemorial, were the fierce enemies of their Lowland neighbours. These barbarians fell upon the presby- terian districts, devastating the cultivated lands, and carry- ing off the flocks and herds as in the old times. The pres- byterians, compelled to defend their houses and fields, opposed a vigorous resistance. Lauderdale summoned them to deliver up their arms, and added a prohibition to the richer classes to 1679.] ALARM OF THE OPPOSITION. 123 keep a horse worth more than 4L The duke of Hamilton, and several other distinguished noblemen, went to Edinburgh for the purpose of pacifying him; their arrival threw him into utter fury; in full council he tucked up his sleeves to the elbow, and. swore that, by God, they should repent it, if they did not immediately return to their estates, and support the royal troops. Learning afterwards, that they proposed going to London to supplicate Charles himself, he forbad any one whomsoever to quit Scotland without his special permission; but, in spite of him, ten or twelve of the great noblemen, among others the duke of Hamilton, and lords Athol and Perth, passed the border. Parliament was sitting when the Scottish lords arrived; it received their complaints with warm sympathy. It w r as no longer the time when no one in England was touched by the afflictions of the Scottish presbyterians. Englishmen now heartily felt with them; they believed themselves menaced with the same sufferings; they no more abandoned them as dangerous sectaries; they saw in them a people who were made victims upon whom to make experiments, of a tyranny which it was not as yet thought advisable to attempt in Eng- land. Every one indignantly cited the answer given by the king to the Scottish lords: ' " I see well enough," said he, " that Lauderdale has dealt harshly with you, but I do not see that he has done anything contrary to my interests. " Those who had opposed the levy of regular troops raised a cry of alarm; they said that England would soon be treated like Scotland. Seeing the duke of York at the head of the army, now on its way to the continent, they presaged, with fear, all that would result from that armed intervention, which of late they had so earnestly and so imprudently solicited. This sudden change in the views of those who had forced Charles to hostile demonstrations against Louis XIV., was occasioned at once by events which redoubled the habitual apprehensions of parliament, and by fresh terrors which Barillon contrived to spread for his master's purposes. Secret information, given by him to the leaders of the opposition, confirmed their suspicions as to the new projects of the mi- nistry. And herein consisted all the influence which this am- bassador, upon deserting the cause of Charles, exercised over the fluctuations and waverings observable in the conduct of 124 HISTORY OF THE COUNTER-REVOLUTION. [1678- the opposition with regard to the affairs of Holland. If he purchased a few mercenary votes, and if, to keep up the divisions, he made them vote sometimes with one party, some- times with another, these obscure intrigues, stifled in a con- flict of passions and of interests which they did not compre- hend, merit no development in a history like the present. The contradictions of parliaiB^t^{s^bj^otiJd(aIS!99*^df fantastic but enduring law, to thatinstinet of mistru^mfaiHble in/its inspirations, which consisted in saying tAyfetr whenever the court said No ? f and jjfo when it said Aye, at ^length ceased j when peace abruptly terminated 5 nti terlihe frightful system which was desolating Scotland. As to the latter point, the king made some concessions; he gave orders that the mountain clans should evacuate the Lowlands; but with regard to the disbanding of the troops coming from Holland, hé declared that, being unable to liquidate the arrears of their pay, he should be obliged to keep them on foot. Parliament saw that this was only, a pretext; it was prorogued. Most of the members returning to their counties, were so persuaded that in the next session the troops would be employed against them, that they announced their intention not to resume their seats. This opinion 1679.] THE POPISH PLOT. 125 rapidly communicating itself to all classes of the nation, a gloomy stupor already exhibited to them England given up like Scotland to military executions, and sold by a par- liament like that which legalized all Lauderdale's acts of yk&esme) when a circumstance which seemed to arise out of the way situation of things, Suddenly called religious fana- ticism to the aid of public libé^. 1 ^' 1 ^ ^° BiroitoiEraiioo A LohQtta Chemist; -one Kii^by, and a doctor named Tongue, having procm-ed/fo audience of the king and the minister, Oaaby^ dien;«rahcBd the existence of a popish: G piotV which was soon td hmak>w&; ' The man frôni^hônï 1 Wéf ' derived their inforniatiobjwas-a certain Titus Oates, whom thé' jesnits had intrusted ^^ ^ariotâs missions into Holland and Spain ; they i^iaat^Msspkee e£ïabôde. Titus Oates, summoned 1 before tfeo<çqarfôil, tp»et*i0us>f$^ ^bcèëdîtlg^tnitfei^ Vëitt' W 1I J a stfë^ Godfrey, anid< pradé an affidavit before him, that the papists had formedr^the/ 1 project^ of- killing' the king in 'order to give the crown -to ^the duke of York-; that the affair had been res^ T -1379 ai îi i^tef srfj lV bad jolq aauoH 9v;H enlT .sifitaôbnjj oi smho on ti hBdimh£bidïxO acft moriw saoifo ot soud%elv.ery>3imiii'e of <$ef&eys$ such açtsjfOÉ.^Me^cftfwei^liex^iteÂrfiy 'taattempt from witfe^ out, m ; They - >could scarcely reckon on a further refuge in /Holland; James would require their expulsion thence ofihiB.soaaafd iwouid seek ta^gm^f^ ^^i^g^^fjgpitiye himself crtpt&e gërréicesTlof men who / m J >1 fjt Iy Tps important forbMfib-lte h$®p around him. v, The c^x^i^. a^lj^^sj^^rdingly everywhere spread it abroad that the tests were the weapon of disaffected men; 1686.] DISMISSAL OF HALIFAX AND QUEEN SBURY. 201 that to attempt by their means to oblige, not only the officers of the army, but all the civil servants of the state, the minis- ters, the members of the upper house, and the officers of the crown, to declare that the religion of the king was idolatry, was to offer the most monstrous insult to the monarch; that the promise given by the king on his accession was a better security for the Anglican religion than all the oaths taken by other people. A few ambitious men allowed themselves to be led away by these representations; the king had declared that for the future he would only be served by men who believed he might be relied upon without tests, and con- spicuous conversions were made in the higher ranks of the army, the magistracy, and the administration. But the lower officers, the subordinate political employés, the inferior magistrates, who had no greater favours to expect than the retention of their places, would hear of no concession; they saw that, the tests once abolished, they should be all dismissed to make room for papists; and their religious belief, as well as the fear of the contempt which attached to interested con- versions, rendered them alike inaccessible to seduction and to fear. The king was resolved to make examples of some of those who refused to subscribe to tli-e abolition of the tests, and whose elevated position might give courage to the mass of civil and military employes. The marquis of Halifax, president of the council was looked upon as opposed to the measure solicited by the Jesuits; James sent for him, and required him to de- clare himself explicitly on the subject. Halifax without hesitation replied, that he would hever lend his hand to the abolition of the tests, because the tranquillity of the country, that -was to say, its sense of security, and the interests of the king himself, required, in ld3 opinion, their maintenance. James tôld'faitaithat thenceforward he was no longer to con- sider himself president of the council, since his service could not be. fulfilled by ministers who were but half of his way o: thinking. Halifax was replaced by Sunderland; who still retained fcfe oMcê of secretaiy of state. The duke of Queensbury fell into the same disgrace, and was recalled from Scotland. The earl of Perth, who had shared the government of Scotland 'with him, and who had long since passed for a secret papist, publicly declared his r 202 HISTORY OF THE COUNTER-REVOLUTION. [1685- conversion, and remained alone at the head of affairs in Scotland. The marquis of Halifax and the duke of Queens- bury had been, since the affair of Oxford, the one by his duplicity of conduct, the other by his atrocious persecution of the papists, objects of the contempt and hatred of both nations; yet all they had to do in order to regain public favour was to protest, by the sacrifice of their offices, against the views of the Jesuit party: the reparation was tardy, but was considered courageous, because in general men at heart considered them- selves as guilty of tyranny in having supported or submitted to it, as others were for having exereised it. The duke of Ormond, lord lieutenant of Ireland, despite his known fidelity, was recalled as a partisan of the tests. The king had extensive view r s with regard to Ireland; the protestant population there was more formidable than else- where, because in presence of a catholic population much more numerous, and still animated by the patriotic and re- ligious hatred which had produced the insurrection of 1641, it lived in continual danger. So long as the protestant religion had not been openly attacked in England, the Irish government had no other instructions given to it than those transmitted at the restoration by the protectorate; the native Irish, all catholics, had been strictly kept within the limits of territory to which Cromwell had confined them; the descend- ants of the settlers forcibly established in the country for two centuries, and the sons of those whom the revolution had there put in possession of large estates and fine mansions taken from the catholics and from the partisans of the king, had been throughout protected in their proprietary interests. All that James, in the last years of his brother's reign, had been able to do for the catholic population, was to send for the young men of the great families to England, and to give them commissions in the army; now himself master, he saw before him a revolution to be effected, the same as that which the insurgents of 1641 had attempted to effect by the massacre of forty thousand English protestants. He resolved to raise the Irish catholic race from its abasement ; to recruit the English army from among its youth, now grovelling in igno- rance, fanaticism, and misery, and thus to create for himself, under the orders of popish officers, an entirely national army, a powerful reserve for him should the English some day be- 1686.] REVOCATION OF THE EDICT OF NANTES. 203 come less docile; he would then expel from Ireland the proprietors who held their right from Cromwell, and who formed in the great towns a citizen class infected, like that of England, with ideas of political liberty, and still more hostile even than the latter to popery. The duke of Ormond was replaced by Clarendon, son of the chancellor, and brother-in-law of James: the reasons which induced the king to suppose he might depend upon him have already been mentioned. He did not, however, confide his projects to him; he rather, indeed, made use of him to conceal them, for the attachment of Clarendon to the Anglican religion being well known, his nomination would reassure the protestants of Ireland, and it was important that their suspicions should not yet be aroused. The person en- trusted with the preparation of the popish revolution in Ire- land, and with organizing troops who might come, when the proper time arrived, to the assistance of James in England, was a popish officer named Talbot, created earl of Tyrconnel by the king. He was a man of capacity and vigour of cha- racter, which rendered him well suited to carry out what was practicable in the plans of the ruling faction; but if it was the intention of James that the progress of the catholic party in the three kingdoms should be uniformly progressive, then the earl advanced far too rapidly. Some weeks before the convocation of parliament, which had been prorogued to the 9th of November, and amidst the anxieties occasioned to the English protestants by the en- croachments of the catholic party since the accession of James, there arrived in the ports of England a multitude of families who had fied from France, and came to ask an asylum. The edict of Nantes had been revoked. The refugees, on landing, gave lamentable accounts of the perse- cution which they had just escaped from. The provinces of the- south of France were at that moment the theatre of horrors to which the land had been a stranger since the close of the wars of religion. The peaceful country districts, the industrious towns of Languedoc, Dauphiné, Provence, and Beam, were devastated by the regular troops under the di- rection of the priests and courtiers of the great' king. The houses of the protestants were pillaged and burned; the ap- proaches to the towns and the high roads were covered with 204 HISTORY OF THE COUNTER-REVOLUTION. [1685- the dead bodies of those who had perished by the hands of the soldiers, and who, having died out of the catholic pale, were denied burial. The convents, converted into prisons, were filled with women and girls, whom bigotry exercised all its ingenuity to torture ; in order to convert; hunger, whipping, close imprisonment, wrested from them what the eloquence of the" catholic preachers had not obtained. The refugees who followed, added to the first accounts details more and more frightfully odious, and all these wrongs and sufferings they charged upon the Jesuits, directors of the conscience of Louis XIV. These foreign protestants were received with a mournful but eager welcome by men who remembered the similar horrors to which persecutors of the same order had recently given up the west of England. Nor were they forbidden to testify their interest in these 'exiles, to clothe them, to feed them, and make public collections for them; for James, not yet sure of his means for the great work he meditated, and which Louis XIV. had just ac- complished 1 , had thought it advisable to express publicly a reprobation of the revocation of the edict of Nantes as un- Christian and impolitic. Parliament opened, and James addressed it as follows: — " After the storm that seemed to be coming upon us when Ave parted last, I am glad to meet you all again in so great peace and quietness; God Almighty be praised, by Wko£e blessing that rebellion was suppressed. But when we reflect what an inconsiderable number of men began it, and Iioav long they carried it on without any opposition, I hope every body will be convinced that the militia, which hath hitherto been so muclr depended on, is not sufficient for such occasions; 'and that there is nothing but a good force of well disciplined troops in constant pay that can defend us from such as, either at home or abroad, are disposed to disturb us; and, in truth, my concern for the peace and quiet of my subjects, as well as for the safety of the government, made me think it necessary to increase the number to the proportion I have done: that I owed as well to the honour as the security of the nation, whose reputation was so infinitely 'exposed to all birr neigh- bours, by having so evidently lain open to this late wretched attempt, that it is not to be repaired without keeping such a body of men on foot that none may ever have the thought of 1686.] the king's speech. 205 finding us again so miserably unprovided. It is for the support of this great charge, .which is more than double to what it was, that I ask your assistance in giving me a supply answerable to the expenses it brings along with it; and I cannot doubt but what I have begun, so much for the honour and defence of the government, will be continued by you with all. the cheerfulness and readiness that is requisite for a work of so great importance. Let no man take excep- tion, that there are some officers in the army not qualified, according to the late tests, for their employments : the gentle- men, I must tell you, are most of them yvell kmowivto me, and having formerly served with me on several occasions, and having always approved the loyalty of their principles by their practice. I think them now fit to be employed under me; and I will deal plainly with you, .that . having had the benefit of their service in such a time of need and danger, I will neither expose them to disgrace, nor myself to the want of them, if there should be another rebellion, to make them necessary to me, . I am afraid some men maybe so wicked to hope .and expect that a difference may happen between you and me upon this occasion, but when you consider what advantages Jiave arisen to us, in a few months, by the good understanding we have hitherto had: what wonderful effects it hath already produced in the change of the whole scene of affairs abroad, so much more to the honour of the nation and the figure it ought to make in the world, and that noth-ing can. hinder a farther progress in this way, to .all our satisfactions, but fears and jealousies amongst ourselves; I would not apprehend that such a misfortune, can befal us as a division, or but a coldness between us, nor that anything can shake you in your steadiness and loyalty to me." The nation and parliament had quite xurticipated . this- speech; it was precisely en the two, points which he desired to remove from all discussion, the utility of a standing army and the dispensing with the tests, that protests were getting up. The ,army now amounted to fourteen thousand men; under the late reign it had never exceeded six or seven thou- sand. iSothing had,, at first, been said about this increase, on account of the. circumstance which served it for a pretext; nor had they, in the crisis of danger, opposed commissions being given to papists. But there were now no rebels, and 206 HISTORY OF THE COUNTER-REVOLUTION. [1685- the public protested against the troops, raised to combat them, being kept on foot; and more especially, against their being kept up with all their regularities which had crept into the army under an organization so hastily framed. The two houses for some days hesitated at passing from the submission which they had hitherto displayed, to a resistance of which James desired, as it were, to make them ashamed; but it was neces- sary either to declare themselves decidedly, or to subside into eternal silence, and the misery of the French protestants spoke louder than all considerations of prudence. The question came on first in the upper house, as to whether the speech from the throne should be responded to by the usual thanks. The duke of Devonshire said that they ought to thank the king for having explained himself without evasion, and for having told them what they were to expect from his government. This daring speech compromised the house, if it abstained from an address in reply; an address was there- fore voted; but, a few days afterwards, the speech from the throne was taken into consideration, article by article. The partisans of the court insisted that this proceeding was unbe* coming after an address which had sufficiently expressed the opinion of the house. Their adversaries replied that they had only consented to the address as to a simple form, and that they were now about to show that they would not have the laws infringed. The bishop of London declared that, in the name of all the spiritual peers, he protested against the viola- tion of the tests, without which he saw no liberty or guarantee which could withstand the evil designs of the catholics. The temporal lords, Mordaunt, Nottingham, and Halifax expressed the same views, in more energetic terms. The chancellor Jeffreys attempted to interrupt them by some of those inso- lent apostrophes which were permitted elsewhere; but he was taught to respect a place which his very presence contaminated, and, not daring to express himself in invective, he could say nothing at all. In the house of commons the debate was more searching and more animated. Middleton, the secretary of state, after having commented at length on the king's speech, demanded, not only that it should be gratefully responded to, but that the house should immediately occupy itself with the subsidy which the increase of the troops rendered necessary; he 1686.] THE COMMONS PETITION THE KING. 207 seemed to hope that, with regard to the augmentation itself, and the commissions given to catholic officers, the house would yield to the opinion of the king, " a great soldier, as well as a great king." Many members interrupted him with exclamations of indignation and surprise. Others, till now of opposite sentiments, exclaimed with equal energy against the abolition of the tests ; calmer remonstrances followed: in an imposing discussion, the illustrious voice of Seymour was still heard; voices hitherto unknown were received with ap- plause, speaking, for that first time, the language of liberty. It was but too clear a foresight, said they, that heretofore pointed out the dangers to which religion would be exposed, if a popish king ascended the throne; a papist king had now brought with him a papist army, which he was organizing to oppress the people, whom meanwhile he sought to deceive by fine words from the throne; that, in order to appreciate what attempts were meditated, they need only compare the last royal speech with that which had gained the confidence of the first parliament and induced the house to vote an enormous civil list, which still was not enough, and to condemn offences similar to those which had before precipitated the throne into the abyss of the revolution. Others said that it was an in- sult to the feelings of the nation to declare its militia incapable of defending the crown and the land; whereas it was to the zeal of that militia that the prompt dispersion of the rebels was due; that instead of disbanding the militia, it ought to be extended; that they would rather pay double to men whom they did not fear, than half to men whom they must always dread. "When they came to the vote, it was evident that the en- thusiasm of many members, however acceptable to the ma- jority, had not destroyed in it the fatal idea, that it would be a great misfortune too grievously to displease the king. Va- rious compromises were proposed: that which had the majority of votes was to grant the sums demanded by the king, but to grant them to render the militia more efficient, and not for the augmentation of the army, and to add to the bill a petition that the king would no longer employ popish officers. Some suggested an exception in favour of the popish officers who had rendered signal services to the king; but the petition passed without this addition, which would have altogether neutralized it. It ran thus: — "Most gracious sovereign: we, 208 HISTORY OF THE COUNTER-REVOLUTION. [1685- your majesty's most loyal and faithful subjects, the commons in parliament assembled, do, in the first place, as in duty bound, return your majesty our most humble and hearty thanks for your great care and conduct in suppressing the late rebellion, which threatened the overthrow of this govern- ment, both in church and state, and the utter extirpation of our religion as by law established, which is most dear unto us, and which your majesty hath been pleased to give us. repeated assurances you will always defend and support, which, with all grateful hearts, we shall ever acknowledge. We further crave leave to acquaint your majesty that we have, with all duty and readiness, taken into our consideration your ma- jesty's graqious speech to us: and as to that part. of it relating to the officers in the army, not. qualified for theiremployments, according to an act of parliament made in the 25th of the reign of your majesty's brother, entitled;,. ' An Act for Pre- venting Dangers which may happen from Popish Recusants,' we do, out of our bounden duty, represent unto your majesty, that those officers cannot by law be capable of their employ- ments, and that the incapacities they bring upon themselves thereby, can only: be taken off by an act of parliament; therefore, out of that great deference and duty we owe unto your majesty, who have been graciously pleased to take notice of their services to you, we are preparing a bill to pass both houses for your royal assent, to indemnify them from the penalties they have now incurred; and because the continuing of them in their, employments may be taken, to be~a dispensing with that law 'without act of . parliament j (the c^sequ^erice of which is of the, greatest concern to the rights of all yCjVKtfàfr? jesty's subjects, and to all the laws, made for the security of their religion,) we therefore do , most humbly beseech your majesty that you would be, graciously pleased to give such directions therein .that no apprehensions or jealousies may remain in the hearts of your majesty's good and faithful subjects." On receiving this address, James vehemently complained of the house. The guarded forms of parliamentary language, the assurances of devotion and respect, only served to aggra- vate their audacity. Their thanks with regard to the Angli- can religion, saved, they said, by the victory gained over the rebels, looked like derision. Their promise of pardon to the 1686.] COKE SENT TO THE TOWER. 209 popish officers who had accepted commissions was an insulting defiance of the sovereign, who had been pleased to laud their services, and who had declared his intention to continue to them his confidence and his favour. Their request that he would dismiss the popish officers as excluded by the Test Act, a law, they said, which parliament alone could revoke, and which it was determined to maintain as indispensable to the tranquillity of the kingdom, was in point of fact a command. James replied by a message, in which rage was tempered with duplicity: "I did not expect such an address from the house of commons, having so lately recommended to your consideration the great advantages a good understanding be- tween us had produced in a very short time, and given you warning of fears and jealousies amongst ourselves; I had reason to hope that the reputation God hath blessed^ me with in the world, would have created and confirmed a greater confidence in you of me, and of all that I say to you: but however you proceed on your part, I will be steady in all my promises I have made to you, and be very just to my word in this and all my other speeches." The house at this message manifested some uneasiness. James had touched the sensitive chord of the majority in referring to the consequences of a rupture. They had wished him, instead of mixing up his last speech with those which had been contradicted by him in so alarming a manner, to have reverted' to his original promises; vague as they were, they would- still have been satisfaction to some extent. A member, named Coke, suddenly breaking the silence, ex- claimed with warmth: M I hope we are Englishmen, and that we are not afraid of hard words;" the partisans of the court denounced this exclamation as an insult to the king. Those who had voted the petition, fearing to seem desirous of more even than they had asked for, deemed it expedient to require an apology from Coke, and, on his refusal, sent him to the Tower. It was enough, they thought, for the house to keep to the defence of the tests. Every day saw members hitherto considered as sold to power, rallying round that system of opposition, which, under the late reign, had defeated the papists. An observation like that of Coke's, had it been otherwise received, would have checked them and thrown them back into the fear of the excesses committed by the p 210 HISTORY OF THE COUNTER DEVOLUTION. [1686- exclusion parliament. The public mind, intent upon what was passing in parliament, took courage on seeing such unhoped-for conversions, and endeavoured to extend and support them. The very petitions which at the meeting of parliament had vainly complained of electioneering frauds and violence, were now taken into consideration. The signers of these petitions sent forth a public declaration that, notwith- standing the irregularity of which they had at first thought it their duty to complain, they acknowledged as good and faithful members all those who had since given their votes for the maintenance of the tests, and that they would re-elect them in case of a dissolution. The complaints of the petitioners were now therefore directed only against those members who had voted against the address, and the reigning faction was about to see the parlia- ment and the nation once more reconciled, or rather, together aroused from the long oblivion of their common duties. James had decided upon dismissing parliament as soon as he felt himself incapable of controlling it; but he had so fixed his heart upon obtaining from it the abolition of the tests, and he was so convinced that the nation would not murmur at this, if the measure were sanctioned by parliament, that he employed a tone of conciliation not at all belonging to his character. He sent for all the leading members of the oppo- sition, one by one, argued with them their objections, solicited them and cajoled them, but in vain. Most of them flatly refused him their votes, others required time : to reflect, and all ultimately ridiculed this new plan of private lecturing on the part of the king. James continued his petty intrigues and his fruitless taking to task, but prorogued parliament until the month of February in the following year. One resource presented itself to him, that of procuring from his faithful parliament of Scotland the suspension denied him in England. ; In his opening address to that assembly, he reminded the lords and burgesses of Scotland of the proofs of devotion they had given him for the last six years, praised their conduct in the last insurrection, spoke of his clemency so largely experienced by the rebels: and passing from these, by a somewhat forced connexion, to the catholics, he said: " And whilst we show these acts of mercy to the enemies of our person, crown, and royal dignity, we cannot be unmind- 1687.] CONDUCT OF THE SCOTTISH PARLIAMENT. 211 ful of others, our innocent subjects, those of the Roman catho- lic religion, who have, with the hazard of their lives and for- tunes, been always assistant to the crown in the worst of rebellions and usurpations, though they lay ;under discourage- ments hardly to be named. Them we do heartily recom- mend to your care, to the end that, as they have given good experience of their true loyalty and peaceable behaviour, so by your assistance they may have the protection of our law, and that security under our government which others of our subjects have, not suffering them to lie under obligations which their religion cannot admit of. By doing whereof, you will give a demonstration of the duty and affection you have for us, and do us most acceptable service." The earl of Murray, charged, in his capacity of high commissioner, with delivering this speech to the Scottish parliament, added some observations and comments, as usual; but, whether from timidity, or from attachment to the An- glican religion, said not a word about the catholics. Some members, more zealous than he, proposed, in answer to the king's speech, that the catholics should be permitted the private exercise of their worship, but without for this purpose abrogating the Anglican laws. Though this concession was very far from what James had expected from the house, a very warm opposition was raised; bishops, burgesses, tem- poral lords, all protested against it; the very men who the year before, under the alarm of Argyle's insurrection, had, in the preparation of several acts against the doctrine of resist- ance, exhausted all the forms of adulation, all the protesta- tions of passive obedience. James could not in the least comprehend so sudden a change; he politically attributed it to want of address on the part of lord Murray, but deemed it, meanwhile, un advisable to retain the Scottish parliament any longer. It was useless to think of convoking one in Ireland; the protestant nobility and burgesses there, who possessed the whole wealth of the country, were then engaged in a struggle against the earl of Tyrconnel. But the abolition of the tests was a thing resolved upon in the catholic council, and for this a sanction of some kind or other was required, as they dared not yet proceed upon the royal will alone. Chance, or the machinations of the catholics, created an affair which brought the question of the tests p2 212 HISTORY OF THE COUNTER-REVOLUTION. [1686- under another form before the court of king's bench. This court had not the power to abolish the Test Act, but it might consider whether the king had the right of exempting parti- cular subjects from the formalities. The coachman of sir Edward Hales, a gentleman of Kent, denounced his master for not having taken the tests, though he held an office under government, and claimed the reward of 500^., which the law assigned to the informer^ Hales was brought to trial; it was no longer Jeffreys, but a gentler magistrate, the brother of admiral Herbert, who now filled the office of lord chief justice. The king did not leave to him the choice of the judges who were to decide upon the claim of Hales' coach- man; he closeted himself with the judges one by one, dis- missed some, and got those w ho replaced them, " ignorant men," says an historian, " and scandalously incompetent," to acknowledge his dispensing power. The arguments em- ployed by James in these private conferences were doubtless those which We find developed at length in his Memoirs; for instance, " there is no law whatsoever but may be dispensed with by the supreme lawgiver, as the laws of God may be dispensed with by God himself, as it appears by God's com- mand to Abraham to offer up his son Isaac."' The judges of the king's bench, after a trial;, the procrasti- nation of which gave time for all sorts of manœuvres to obtain success, pronounced a despicable judgment; but, at least, by assigning no grounds for it, avoided a repetition of the pitiful argumenté of James. They declared, almost in the very language used by the crown counsel:— 1. That the kings of England are sovereign princes; 2. That thé laws of England are the ' king's laws ; S. That therefore it is an in- separable prerogative in the kings of England to dispensé with penal laws in particular cases, and upon particular necessary ^reasons; 4. That of those reasons, and those neces- sities, the king himself is sole judge; and finally, which is consequent upon ail, 5. That this is not a trust invested in, or granted to the king by the people, but the ancienï remains of the sovereign power and prerogative of the* kings of Eng- land, which neveivyet was taken from them, nor can be. The case thus' decided the king thought he'nhiglft rely upon the respect always felt by the English people for the decisions of the higher courts, to exempt all his" catholic 1687.] PROGRESS OF PROSELYTISE. 213 subjects from the obligations of the test. And upon this, it became no longer a question merely of preserving in their commissions and offices those whose dismissal had been de- manded by parliament. This first success raised the preten- sions of , the catholic party, and the exception expunged was set down as a general rule. To obtain or to retain certain employments, it was necessary to be of the same religion with the king. Papists replaced in the army and in the administra- tion all 7 those who had pronounced at all energetically for the maintenance of the tests. Abjurations, somewhat out of credit during the last session of parliament, again resumed favour. .The mysteries of Catholicism became the common topic of conversation at court, and in the upper circles of society. While throughout the kingdom , collections were being made, for the victims of the revocation of the edict of Nantes, Versailles was copied at Whitehall. Lay converters went about making proselytes amidst fêtes and frivolous amusements; '. Those who had favours to obtain were eager to listen and to seem to profit; men, notorious for the irregu- larity of their lives, affected to be struck with sudden illu- mination; others, to the na vast scandal, of the true believers, listened for awhile to the exhortations; of the priests, and then suddenly disconcerted them by some profane sarcasm. The famous colonel Kirke, closely pressed to become a papist, answered that he was pre-engaged, having promised the emperor of .Morocco, if he ever did change his religion, that toxw.fcuid turn Màhommedân. The earl of Mulgrave answered with much more wit the Jesuits- who were main- taining the dogma of the real presence: " that, after a great deal of -pains,; he had got himself to admit the existence of a God, creator of man; but that he should require very sub- stantial evidence before he could believe 3 that man, quits with his author, could create God in his turn." The earl of Middleton had been long importuned by a missionary. The latter commenced the conversation one day with this ques- tion: " You believe in the Trinity, do you not?" " Softly," answered the earl; " who told you so? The business in hand is your belief, and the proofs you have to give me for it; and not at all mine." The missionary withdrew in confusion. James had himself undertaken the conversion of Rochester, the lord treasurer. He attended a conference which the latter 214 HISTORY OF THE COUNTER-REVOLUTION. [1686- consented to have with some catholic priests. The priests having talked a long time about transubstantiation, Rochester contemptuously shrugged his shoulders: "And this is all you've got to say to make a man change his religion?" And so the conference ended. These daring sallies, sanctioned in the high lords, were repeated in public, which looked upon them as some satisfac- tion for the insolence w T ith which the Jesuits and monks of every denomination presented themselves everywhere. They built chapels and convents in the most populous quarters of London; Franciscans, Carmelites, Benedictines, walked the streets in the habits of their order; their cloisters arose at the very gates of the palace of Saint James: they preached in public, few people followed them, but crowds went to the Anglican churches. It w r as here that the public discontent found materials for its expression. The protestant ministers took one by one all the arguments which they had heard sup- ported in the catholic chapels; they attacked alike the prin- ciples of the foreign theologians, and the composition of their sermons — a medley of English, Italian, and French; they ex- cited against them at once hatred and ridicule; they rekindled the religious zeal of the congregations by fervently imploring the divine protection, and by showing persecution about to fall down upon the English church, as upon the protestant church in France. The sermons of some of the more cele- brated, after having moved numerous audiences, were repro- duced by the press, and read and re-read in people's houses. One day, doctor Sharp, rector of Saint Giles's, and one of the most popular preachers, received, as he descended from the pulpit, a note, without signature, containing a sort of challenge upon one of the controversial questions which then occupied men's minds; he re-ascended the pulpit, read over the anonymous propositions, and immediately extem- porized a reply, which was afterwards printed. As, in his fervour, he had not spared apostates from the Angli- can church, the principal passages of his discourse were de- clared to be seditious. Converted hypocrites and catholic preachers, furious at being unable to struggle successfully against adversaries more eloquent and more listened to than themselves, had long desired a pretext for fettering the liberty of controversy; they pretended that some of the reflections 1687.] TRIAL OF THE BISHOP OF LONDON. 215 of Sharp referred to his majesty and his government, whereupon James directed the bishop of London to suspend the doctor. The bishop felt it his duty to refuse to pronounce such a suspension without the previous decision to that effect of an ecclesiastical court. The unexpected resistance of the bishop gave a very serious character to the affair of Sharp, and caused the court much embarrassment: at length, it con- ceived that this was an opportunity for carrying out an idea of lord chancellor Jeffreys. Since he had quitted the office of lord chief justice, he had found himself, much to his annoyance, less useful, and in order to bring himself forward once more, he had advised the re-establishment of the old ecclesiastical tribunal, the court of high commission, which was abolished by the parliament of 1640. This tribunal, of which he proposed to be president, was to be called the Court of Delegates; it was to consist of at least three members, bishops, or temporal lords, at the will of the king; it was to inquire into all abuses punishable by the censure of the church; to summon before it ecclesiastics, of what rank soever, charged with offences committed in the exercise of their functions, and to judge them without appeal. It suited the king to transfer to a tribunal of this kind the high eccle- siastical jurisdiction attached to his supremacy, and the exercise of which appeared to him incompatible with the duties of a different religion, and the papists would find their account in an institution which rendered such a man as Jeffreys supreme arbiter of controversies in which they felt themselves defeated. The court of delegates was accordingly established, and the bishop of London immediately cited before it. Jeffreys presided; the earl of Rochester, the bishops of Durham and Rochester, and the earl of Sunderland were the judges present. Being asked why, after the express order of the king, he had not suspended doctor Sharp, accused of seditious preaching, the bishop answered, that he had followed the advice of persons well versed in civil and canonical laws; that if he had transgressed the law, it was not from any wilful fault on his part, but from ignorance and inadvertency. " Ignorantia juris non excusât" cried Jeffreys; "you ought to have known the law, and it was a wonder you did not." The bishop protested that not only did he not know the law 216 HISTOHY OF THE COUNTER-REVOLUTION. [1686- which they seemed disposed to apply to him, but that he did not know the commission in virtue of which the court pro- ceeded against him. " It would appear, my lord,' r said Jeffreys, sneeringly, "that you design to quarrel with the jurisdiction and legality of this court. No copy of the commission can he granted, and it is unreasonable to desire it; it is upon record, all the coffee-houses have it for a penny a piece, and I doubt not but your lordship has seen it. Might every one that appears here challenge the sight of our commission, all our time would be taken in the reading, and we have something else to do.- The proceedings of courts in this kind are never by libel and articles: Sapientem succinctim ore terms, byword of mouth only; and it is a short question I ask: Why did you not obey the king ?" The bishop said it was indeed a short question, but it required more words to answer it, and a certain time to prepare that answer. Then, addressing him- self directly to Jeffreys, he added, with dignity: " I pray your lordships to consider I am a peer, a bishop, and have a public trust, though unworthy, under a public character; and I would behave myself as becomes one in these capacities." Jeffreys stammered out a few words in apology, and after a short deliberation with the other judges, announced to the bishop that the court granted him a week to prepare his defence. 1 9fft \ irg'njdnilj 3( oi ^loilduq b In the second sittkigy Jeffreys exhibited thë^afeë 'brutality ai beforfe;lu^«r'bisà^^ time,' said, that he- had not boeîilàlg^ to prepare his defence, and that up to that day he-had alftoðei? in 1 vain had search made- in thefebSgy- houses of London for ; the commission which the chancellor had told him he might fed there. Jeffreys, thus recalled to this imperjfcinencë 1 of the first sitting, made a pretence of explaining^. He told the bishop that in informing him the commission might be found for a penny in 'the taverns, he did not-meantoeokvey^fhat a person of his-chàtotëi^ebuld ii-equent'such; plâcfel. The bishop obtained a further delay of a fortnight. On his third appearance, as at his first, he denied the competency ef the court; but Jeffreys 'showed so little mofeï^ï^nHo ^l^nfei^4>ï^eë(Mwg I ^tb < ^^îhu^WÀ^èlS that-it éaè4h gbnî&W : $hë real matter éf the case. Four connsi^p^^ sought to prove that the bishop had obeved the king consti'tuhôn# J ii¥ û\é- 1687.] DISMISSAL OF CLARENDON. 217 obeying the king personal; a distinction which the court was not disposed to admit, for it was by this same distinction that the presbyterians had heretofore been led from resistance to insurrection. The bishop, by decree of the court of dele- gates, was suspended from his functions. The trial had been watched with eager interest, not that there was any fear for the life or liberty of the prelate, but because in his person the cause of the Anglican church was being judged. The punish- ment, though not a severe one, alarmed the preachers, but still, while the suspension lasted, the clergy of London and the zealous members of the church of England exhibited a deference and submission to the bishop, as bishop, far greater than before. His recommendations were better obeyed than any orders he could have given, in tM regXilat>fexjérci^eIofihis functions. ; ;: ;:uni beiiupvi ii tad ,nob-.. The trial of the bishop .ofr^pp^it^^i^lfc© Mnthah close of the year 1636. r At that period, the preponderance of the catholic party in the ministry in the privy counci], in the ad- ministration, and in the higher ranks of the army, was no longer . contested. The exempfion.from the Test had, in a few weeks, done for -this party what its e^tablishmepitvfjunder the Cabal, had. done for the protestant: 'opposition-. ; < Scotland was governed by papist loiTlsjj.BomaiiKîatholic j priests had dared publicly to celebrate mass in Edinburgh ; the people had risen to de^Dy^.^ of the leaders of the outbreak, and; 30aln>pvM'le-eëiàblished, In Ireland,, jfcn# s #$ii]l,$f ^yrconnel waê-eo^pletipgfith#3i^bçganiza- J:ion, pf.fte mmlMi^Mm^ [M$ mgçt&i tj&fci&afe Mould! sowl 'îSÎKWfti iRP 1 ^?! J- ^J^ÎîiîwîsiSfcisolàiM^o iniitth^jtrajiafo^ihat all the ^p^r^.^rejp^jtholiesj: that it w^ltàSe?rtori?esMreiîèôir ^poli- tical rights, to the.^isl^^r^hoxpro^sed tb^sdSgiap^f the fâïSÂr^siïï^iSWft ^o^tftO|init^d^^ [ttomlîntQ^itQï [munici- pal corpo^t^n^j^r^jr^iîv^r^h^içb^tei?^ Qfrgtamsatf&foodies ; that th§)9jQ}j f jqb^i^c|^ to. the exe^u^e^^fc^hfc ud^hms we was the pr^ptc^ of the earl of Claren(lpj&. \H^f^ppto^thef^artof Clarendon, was -recalled. uaqqa biidi -id nO Jilgint'iO' Thus thingfftrap^Jy ^fi^e^flçd'i^ivp^yj^^tîito^îxio*. Arbitrary f g^f^8ra dated tl^t^rptm^^Vii^iipn^tonclï: fà^mm'hitâi delegate s shack^j Aî^i#PW§s^i tke^p^ion. of | the Anglican clergy. The wjiqj&éekaœe.iaow. rested upon. the army; it had hitherto 218 HISTORY OF THE COUNTER-REVOLUTION, [1686- been obedient ; but the caresses lavished upon it fully showed it the importance attached to it; the principles of loyalty and absolute devotion which it had been sought to inculcate upon it, reminded it of other principles, of which nothing was said. James aimed to display in the eyes of the soldiers the qualities of a chivalrous king. His interests according with his military mania, had given him the idea of forming at Hounslow Heath a camp of eight or ten thousand men. He frequently visited it, and occupied himself with puerile ostentation in the most petty details of clothing, training, and discipline of the troops; their pay was regularly given them, and increased by special bounties. The court party had reckoned on the effect which such a display of devoted troops would produce in the public mind; but it happened on the contrary, that the soldiers of the various regiments thus assembled interchanged their feel- ings of discontent and of hatred towards the popish officers who commanded them, and the chaplains whom they inces- santly saw by the side of the king. The existence of the camp was soon less beneficial to the views of the court than favourable to certain experiments upon the troops by the other party. In the camp at Hounslow, the object of his solicitude, James had the vexation of witnessing the success of a pamphlet ad- dressed to the. soldiers, and profusely circulated among them. It was entitled, Remonstrance to the Army> and was by Mr. Samuel Johnson, author of the book, entitled Julian* the Apostate^ which had been condemned by the university of Oxford at the time of the royalist reaction. Johnson, in appealing to the soldiers, instead of losing himself in the futilities of a controversy which the papists no longer kept up except by decrees of the court of delegates, had acted with equal sense and courage. In reminding the soldiers that they belonged to the nation by the ties of blood and the obligations of citizens, before they belonged to power by their profession, he had excited in them sentiments which, despite all seduc- tions, are never completely extinct under the cuirass, and produce a powerful and angry action, when a difficult position explains to them, at length, the enigma of passive obedience. The agitation produced in the camp by the Remonstrance was quite manifest; the work, however, had been drawn up with all the discretion which its very daring required; and 1687.] PROSPECT OF THE ACCESSION OF WILLIAM. 219 accordingly, slight hold upon the doctor presenting itself in the form of his production, they punished its intention; the more criminal they found this, the better did they prove that he had hit the vulnerable point. The court of delegates condemned him to the pillory, and to whipping, the punish- ment of the vilest malefactors. From the camp at Hounslow, Johnson's pamphlet, ren- dered still more popular than ever by the prosecution of its author, made its way to the fleet, and was received by the sailors as it had been by the soldiers. Their feelings were evidently those of the nation at large. They did not burst forth in plots, ever the sure indications of the weakness of parties. A lofty hope sustained men's minds, and rendered them strong and merely patient, when perhaps power deemed them most docile. James was in his fiftieth year; a somewhat irregular life had exposed him at an early age to complaints still encouraged by secret debaucheries, of which the queen, his second wife, was, it was said, the victim; the queen, already four times deceived in the hope of giving an heir to the crown, was, although still young, very sickly, and had now been sterile for seven years: thus the princess Mary, wife of the prince of Orange, would be called, by her rights, to repair the evils of the protestant religion; the people relied on her attachment to that religion, and upon the wisdom of the stadtholder, for the re-establishment of the national liberties, and were decided upon waiting for the natural course of things to bring about this remedy; expe- rience teaching them to prefer this to the extreme measures which were rather calculated to perpetuate the evil than to destroy it. But this prospect of the accession of William, in right of the princess his wife, was not overlooked by the reigning party in England. That which put the nation in heart, disturbed this party amidst the intoxication of its triumphs: the less its encroachments were resisted, the more was it compelled to the belief that the weakness was a thing of calculation; that people spontaneously yielded ground in order to achieve the legitimate and invincible obstacle which w^ould arise from the right and will of the prince of Orange. Each day brought this end nearer; what would become of the catholic religion after the death of the king? The prospect did not inspire 220 HISTORY OF THE COUNTER-REVOLUTION. [1686- them all with the same ideas; some it struck with irresolution* others it armed with an energy capable of daring everything. There were consequently two catholic parties; the one, the moderate catholic party, to which belonged most of those who became converts from interested motives, and the less zealous catholics, who simply wished their religion to be tolerated; the other, the high catholic party, at the head of which were the Jesuits. It w^as for these that the earl of Tyrconnel was labouring in Ireland. The monks of every order w T ho were seeking to create property for themselves in the country; who were building convents there, and opening chapels and schools, and the men so compromised by their acts of violence as to have reason to fear any re-action, however moderate,— all such were high catholics. Barillon, the French ambassador, and a few priests, secret agents of the court of Eome, in- clined to, the moderate party. James hesitated. Pie washed that, during his life, his re- ligion might be so firmly established in England as to have nothing to. fear after his departure; yet still he -felt some scruples at assailing the right of his daughters, the princess Mary, and the princess Anne, wife of prince George of Denmark. The latter was then -with him; with the eldest he corresponded in the most affectionate manner; he endeavoured to induce her as well as her husband to approve of his inter- pretations of the constitution, and his. claim to the dispensing power. He hoped thus to conciliate both the low and the high catholics. The former represented to him that he ought to give up the idea of establishing the catholic religion in the kingdom in his lifetime; that it was enough for his glory to have begun the work, that he compromised it by seeking to urge it forward by violent means; that with gentleness he might effect its continuing its work by persuasion, under suc- cessors of a different religion; that it was thus he should view the interests of Heaven, interests enduring and not those of a day, like the life of men and of kings. But the high catholics besought him to remember that the catholic religion had already been established once; that queen Mary's hesitation had been the dupe of the feigned submission of that Elizabeth whom the protestants hoped to see revived in the princess of Orange; that to lose, by scruples such as those which had restrained queen Mary, the opportunity of for ever extirpating 1687.] TRIUMPH OF THE HIGH CATHOLICS. 221 the protestant heresy from the kingdom, would be a weakness unworthy of a king, born to be obeyed, and hitherto so mira- culously protected by Heaven in all that he had undertaken in favour of religion; they added, that history gave ample evidence how little the last wishes of kings were respected; that the revolutionists, under the late king, by doing their utmost to exclude his present majesty from the succession, had shown how they viewed the question between the two religions ; that he ought to follow their example; that safety alone con- sisted in the conversion or exclusion of the protestant heirs. It was inevitable that the high party should triumph and carry the king with them, because a counter-revolution will sot stop of it self any more than a. r evol ut ion . The moderate catholics were here what the presbyterians had been in the political revolution ; they sought the end without the means ; they indulged the preposterous hope of obtaining favour and protection for their religion under a protestant king, as the presbyterkns had yielded to that of perpetuating republican institutions under royalty. In one of those situations where parties, must obtain guarantees by their audacity alone, the independents had convinced the nation of the powerlessness of the presbyterians; in a similar situation, the last of the counter-revolutionists compelled James to acknowledge that they. alone could suit his views. They drew him with them, and from: that time he no longer belonged either to the moderate oafthoMès or to himself. *"?» r !^ 01 ™ r "™ fcloixo od tfidi mid ot bsiaeaeiq^ WfrJui 9liT i .Bododte^dgid sl(i ni iiorgifei ïdodteo &di -gaidzM&as to mbi edi qi Y'lolo gid ioî douons bby? Si ted* jarabalil aid ai mot sobtese \d ii bsaimoiqaioo sd tedi ,iiow silt airgad dïtvr unh ;eaB9m hmJoW ^d b-mwidl tr 01 -pua isbau ^oiafiireiaq vd iiow eii gohmitaoo art loafto : sdi 8bw n toit jaorgilen tarc»rb c io e* mibna btesioiai t aeY&eïï h ; sdj JuS .a^abl 'to bflB nsm lo eiil sdi oAil idlfio odf tadt I9dm9ffl6'i ot mid frdgi nohfi c^ M ir,w; i' ri5,h ; )oao ' I tfidj lo noiggimdijg ! iqod -Tr. bull 222 HISTORY OF THE COUNTER-REVOLUTION. [1686- CHAPTER IV. ABSOLUTE POWER. The Jesuits at the head of the counter-revolution — First project for excluding the prince of Orange from the succession — System of religious tolera- tion—Brief alliance, under this system, of the nonconforming protestants and the catholics — Embassy of d'Albe ville and of Dykvelt— Success of Dykvelt in England — Fruitless efforts of d'Albeville to deceive the prince of Orange- — Absolute power proclaimed by ordinance in England and Scot- land — Resistance of the church of England men ; the catholics abandoned by the nonconformists— Second plan of the Jesuits with regard to the succession — Visit of the king and queen to Bath — Pretended pregnancy of the queen — Invasion of the universities by the Jesuits— Useless efforts to form an absolutist parliament — Second ordinance proclaiming absolute power — The bishops refuse to read the ordinance — Trial of the bishops — Pretended birth of a prince of Wales — General demonstration of the people and the regular troops against the government of the Jesuits — The protestant aristocracy prevent a new revolution by calling in the prince of Orange. When the catholics had made sufficient progress for it to become a question which religion should predominate, theirs or that of the church of England, the division which manifested itself among them was, not a rupture, but the disagreement which never fails to arise in parties upon the approach of great obstacles, between those who mistake and those who judge calmly, those who dare everything and those who hesitate. Up to the time when resistance had been resumed by the church of England and the parliament, lords Bellasis, Arundel, and Powis, formerly involved in the popish plot, the English Jesuit Petre, omnipotent over the mind of the king, whom he had supported through his protracted disappointments, the 1687.] DESIGNS OF THE HIGH CATHOLICS. 223 earl of Tyrconnel, commander of the troops in Ireland, the earls of Perth and Murray, charged with the government of Scotland, had been considered as the chiefs of the catholic party. Public opinion had also mixed up with them, or at least regarded as favourable to the catholic interests, the am- bassadors of France and Spain, an Italian priest named d'Adda, secretly received at court in quality of papal nuncio, a Capucin, James's confessor, the minister Sunderland, the chancellor Jeffreys, and all the members of the ecclesiastical commission. But within a few months, lords Powis, Arundel, and Bellasis, almost as soon as they had taken their seats in the privy council, lost their credit at court ; the French ambassador, the Spanish ambassador, the papal nuncio, united with those noblemen to oppose an influence which they began to consider dangerous; Jeffreys himself, by some hesitation in his con- duct, showed that he felt himself outstripped. All the affairs of state were concentred in the minister Sunderland, father Petre, the queen and the king; in Ireland, after the recal of Clarendon, the earl of Tyrconnel united in himself the civil government with the command of the troops; the earls of Perth and Murray retained their power in Scotland. The moderate catholics were entirely apart from the high catholics, and the latter had notoriously prevailed. Almost all of them were practised intriguers, formed amidst and prepared for, political and religious usurpations. Knowing from experience that the oppressed part has no mercy when it gets the mastery, they proposed to seek their safety by transmitting the crown to papist successors. From this moment, then, the counter-revolution was no longer merely a conspiracy against the liberties and the religion of England, but against the right of the prince of Orange to the crown. As it was obvious to all that the exclusion of the prince was the last resource of the high catholics, as soon as they had possession of the helm of state, the anxiety natural under such circumstances, and the usual babbling of the court, gave birth to numerous projects with which the ruling faction had nothing to do. The French ambassador, in announcing to Louis XI Y., much better in- formed on the subject than himself from the correspondence of father Lachaise, the ascendancy irrevocably gained by the high catholics, touched upon the reports already in circulation 224 HISTORY OF THE COUNTER-REVOLUTION. [1686- witli reference to the succession. " Men do not despair," said he, " of finding means, by and by, to make the crown pass to a popish king. For this purpose many things must be accomplished which are now but just begun." The projects suspected by Barillon were then, as to their means, known to but a very small number of persons. There -was at first a bold and very complicated plan: it consisted in legally -excluding the prince of Orange, by invoking the pre- cedent created by the whigs against the duke of York. No historian appears to have thoroughly fathomed this project; we do not find it developed in any of the correspondence be- tween Louis XIV. and his ambassadors in Holland and England; doubtless they were unacquainted with its details, some of which would naturally have been kept from their knowledge. Nor does James confess it in his Memoirs; but we can trace it out in a system of acts, which, considered singly, would seem to belong to wholly divergent views. The catholics recalled to mind that the parliament, before the affair of Oxford, had been upon the point of obtaining from Charles II. his assent to a bill excluding the duke of York as a papist, and nominating the prince of Orange in his place. They did not doubt but that the nation would have accepted this substitution as legitimate; and they thought it would be possible to succeed where the whigs had failed from want of the royal sanction; that to effect this, it would be simply necessary to obtain a parliamentary majority as hostile to the church of England as that of the whig parliaments had been to popery. Now, in the later parliaments it was not the members of the church of England, but the republicans and the nonconformists, persecuted since the affair of Oxford, who had composed or led the majority, and so powerfully agitated public opinion. They had, indeed, ruined themselves by menacing the established church, after having prostrated popery; but this defeat was explained by the reconciliation which had then been effected between royalty and the English church. If the high catholics could now unite with these, and excite them to resume their old attacks upon the Anglican church; if, for the future, they were guaranteed the free exercise of their worship, on condition that the same liberty was granted by them to the catholics; might they not raise against the English church, Scotland, w r holly presbyterian, 1687. J PROJECTS OF THE HIGH CATHOLICS. 225 Ireland, almost wholly catholic, and in England a rich and considerable portion of the population, the same which had crushed episcopacy at the commencement of the révolu* tion, and who, under the late reign, had suffered so deeply from the persecution of the Anglican tests. Having thus persuaded so great a variety of interests to demand the sup- pression of tests and the free exercise of worship^ would it not be easy to induce the majority of the parliament, not as yet dissolved, but only prorogued since its refusal to acknow- ledge a dispensing power in the king, would it not be easy to make it take a different view of what it had done on the question of the abolition of tests? And if it refused to hear the voice of a new public opinion, would it not be easy, by introducing, by means of new charters, the catholics and the nonconformists into the corporations, to procure a house of commons composed of partisans of the free exercise of worship? The high catholics regarded all this as quite practicable; they took no heed to the transformations under- gone by the elements of which they proposed to make use; they already saw themselves masters of a parliament adapted to their views, and resolved to make it vote the exclusion of the prince of Orange as hostile to the free exercise of religious worship, by which means the succession would devplve upon the second daughter of the king, who would become a con- vert to the catholic religion, or upon the young duke de Fitz- James, natural son of the king, or else upon the head of an heir ivhom God would raise up, according to the hope already expressed by the more daring. Upon this plan, the high catholics undertook at once the conversion of the princess of Denmark, whose ambition gave some foundation for the hopes placed in her, the reconciliation of the catholics and the nonconforming protestants, the re- composition of the corporations, according to their principles, and lastly, the public and private demonstration of the ad- vantages which would result from the free exercise of religious worship. It was a strange spectacle to see that court, lately rejoicing at the sanguinary exploits of Jeffreys, all at once preaching up the philosophical dogma of religious toleration, and declaring w^ar against the church of England as the eternal enemy of that toleration. They drew from the archives the reports of the proceedings, which recalled the odious 226 HISTORY OF THE COUNTER-REVOLUTION. [1686- Anglican persecutions under the ministry of Clarendon, and in the last reaction. They endeavoured to prove to the protestant nonconformists that the catholics were their natural allies, and the members of the church of England their common enemies. The nonconformists now only formed one body; common misfortunes of long duration had recon- ciled, but had also greatly reduced in number what remained of the old revolutionary sects, of the presbyterians, the quakers, the anabaptists, and the independents. Overtures were made to the heads of these different sects, to see whether they would support, in the corporations or in parliament, a law which should put an end to all religious quarrels by abolishing the penal laws against dissent, and by suppressing the tests which closed the career of office to the nonconfor- mists. This new law, they said, should be perpetual, irre- vocable, and published with all the solemnities which had formerly accompanied the promulgation of the great charter. Some nonconformists allowed themselves to be persuaded, and among them Penn the quaker, who became the most fervent as well as the most sincere apostle of the new doctrine. Many, seduced less by the proposition itself, than by the idea of, in their turn, making use of royalty against their enemies the episcopalians, also began to declaim against the tests. The king, in all his excursions to the various royal residences, and while he was in London, sent for the more wealthy persons about, and the members of parliament, and closeted himself with them separately, in order to obtain their consent to the suppression of the tests. Toleration had become the favourite topic of his conversation. He reverted to it on all occasions, warmly condemned the re- vocation of the edict of Nantes, and showed himself eager to receive the French fugitives. The courtiers and the popish preachers had now no other theme, and gave enthusi- astic pictures of the immense benefits which would result from universal toleration. They expressed themselves with such an appearance of conviction, or rather, there were such sad and speaking truths to be said upon this noble and ex- pansive topic, in a country where, for two centuries past, men had been butchering their fellow men in order to establish religious uniformity, that at first people could not help giving attention to their discourses. Nowhere had sects been more 1687.] CONCILIATION OF THE DISSENTERS. 227 numerous, more mutually hostile, more deeply rooted in their own convictions; and yet, from the force of circumstances, these interests had become so intersected, so mingled, com- bined in so many various ways, that the new combination, frankly proposed by any other men than James and the high catholics, would not, perhaps, have been impracticable. But how was it possible to put faith in the toleration of a king whose nickname of Cameronian hangman and Cargillite hangman, still attached to him, or in the good intentions of those Jesuits against whom so many terrible accusations were still fresh in mens' minds? The nonconforming protestants frequently deliberated in their assemblies upon the proposi- tions of the court, and ever hesitated to accept them as a body. The members of parliament closeted with the king gave only evasive answers. At the end of a few months, the high catholics saw that they should obtain nothing from par- liament, and urged James to take the initiative in the great question of the abolition of the tests. He persuaded himself, as he tells us in his Memoirs, that, in virtue of the absolute power recognised in him by the judges of the king's bench, in the affair of sir Edward Hales, he might repeal by ordinance all the penal laws against the nonconformists; and these ordinances once promulgated, and having produced the good effects which he anticipated from them, he hoped that parlia- ment would confirm them without hesitation. The matter having been discussed between him, Sunderland, and father Petre, it was agreed that the ordinance should be first published in Scotland. In order to prepare mens' minds for its favourable recep- tion, the court circulated in Scotland and in England pam- phlets intended to diffuse the doctrine of toleration. The nonconformists were told that the private opinion of the king had always been that the free exercise of religious worship was a natural right; that, under the late reign, he had been at times compelled to assent to the persecutions required by the leaders of the church, which assumed exclusive right in England, but that he was now resolved to follow the dictates of his conscience, and to merit the gratitude of those of his subjects who, like him, had undergone suffering for refusing to take the Anglican tests. The presbyterian ministers were secretly invited to resume their assemblies, being merely recolli- ez 228 HISTORY OF THE COUNTEK-HEVOLUTION. [1686— mended to prudence, and not. to forget that it was to the king they owed this high favour: the hope was further ex- pressed that their sermons would breathe those Sentiments of attachment which the king earnestly desired to merit, and to gain which he ran allhazards. The presbyterian assemblies upon this invitation reappeared, and to the great astonishment of the members of the church of England, those who attended them were no longer interfered with by authority. Although determined to exclude the prince of Orange from the succession, the government did not think it expedient definitely to authorize the catholics and the nonconforming protestants in the public exercise of their worship, without taking steps with thé prince which should lead him to suppose that he was still considered as the husband of the heiress pre- sumptive, and that his approbation was deemed necessary in matters, the maintenance of which would eventually depend upon him. Penn the quaker, who had entered with full con- fidence into the feigned plans of religious liberty, had gone to Holland to make proselytes there among the English refugees, and, if possible, to bring over the prince and princess of Orange to views, the real secret of which was not confided to him. Penn spoke much, but he was mistrusted. The prince? however, concluded from his discourse that James was still well disposed towards him, and expressed a desire that a per- son should be sent to the Hague, with whom hé might discuss the question of the tests, while die, on his part, would- request the States to send as extraordinary envoy to England, a man in whom he placed entire confidence. James eagerly adopted this negotiation; but he showed, by the choice of his envoy, that all he proposed was to deceive his son-in-law; the man whom he deputed was an Irishman, an obscure intriguer, a former spy of the Spanish govern- ment, which had given him the title of the marquis d' Albeville. The Jesuits had no agent m'ore corrupt, more venal, more discredited; ' but they valued in him a sort of cunning which rendered 'iuël^^uïtable for such a mission as this, so replete with impudence. The States, upon the rumour of an ap- proaching alliance between France and England against Holland, sent to James, at the request of the prince of Orange, the minister Dykvelt, one of their ablest statesmen. His instructions referred to general policy; but he was secretly 1687.] DR. GILBERT BURNET. 229 intrusted with the interests of the prince, which were already those of the Anglican church and of the protestant aristocracy. On the part of the. high catholics, the negotiation was not serious. Accordingly, while Dykvelt declared the respectful opposition of the -prince and princess of Orange to the sus- pension of the tests», and demanded explanations of the rumours abroad concerning the succession, d'Albeville was recriminating at the, Hague. He complained of the encou- ragement given by the States to the refractory conduct of the church of England men; of the asylum which they gave to persons whose intentions the king his master had every reason to suspect; lastly, of the severity manifested towards several officers of the English. regiments in the service of the States, He demanded thqt. ;; tlie^^ officers, of whose, devotion to his person the king was convinced, and who were then under arrest, should be released; that they should also deliver up to him doctor Burnet,, one of the refugees of whom the king had most, reason to complain; lastly, with regard to the tests which more particularly concerned the prince and princess of Orange, he repeated, but with an obvious want of conviction, what Penn had said in favour of the system of toleration adopted by the king. "With, regard, to the English officers, the States refused satisfaction. : , The prince and princess combated the argu- ments of d'Albeville as to religion,, aided by doctor Burnet, the same whose, surrender was demanded by James. Burnet, the atfth^iiof the. History of the Reformatio?!, and of the valuable memoirs, the History of his Own Times, was one of the most-distinguished men of his time, a philosopher animated with an earnest faith, a judicious partisan of that practical toleration -.which he did not wish to see erected into a prin- ciple by tto catholics, for the benefit of their own religion alone; he had been by turns beloved, consulted, and persecuted by Charles II. and by James. Without compromising his character or bringing his good faith under suspicion, he had frequently been at the. same time the depositary of the secrets of the court and of those of the* oppqsition. He had disap- proved the protestant conspiracy, and defended those of his friends who had risked their heads in that deplorable affair. Having assisted Russell in his last moments, he composed upon that great and virtuous man delightful pages, which, 230 HISTORY OF THE COUNTER-REVOLUTION. [1686- long after the execution of Russell, drew tears even from his enemies. At length, in the last year of the reign of Charles IL, he preached a sermon which the court chose to treat as factious. He then quitted England; he had visited France during the horrible dragoonings, Italy, Rome, during a pontificate 1 inglorious for the Romish church. Wherever he went, theologians and statesmen had eagerly sought from him at once the instruction and the approbation of a superior mind; even Louis XIV. had made advances to him. All that he saw in Europe strengthened his attachment to the constitution of his country and to Anglican protestantism, and thinking that the safety of these could only be secured by the prince of Orange, he had settled in Holland. He was high in credit with the prince, and was consulted by him upon the affairs of England, and assisted in drawing up most of the answers which baffled the insidious propositions and manœuvres of d'Albeville. No one laboured more success- fully than he to enlighten the nonconformists as to the true aim of the caresses which were lavished upon them. His writings, printed in Holland, and almost always under some piquant title, were very much sought after in England, where they were clandestinely circulated. It was so greatly to the interest of the catholics to seize the doctor's person, that after the refusal of the States to deliver him up, he had to be con- stantly on his guard: he was warned on all sides that he ran the risk of being carried off by the agents of d'Albeville. Among the refugees, there was also a Scottish lawyer, named Steward, a man of very remarkable talent, and in high esteem for the conduct which he had observed since the restoration. Rather than abjure the covenant, he had aban- doned his profession and his country; he had always been regarded as the principal agent of the revolutionary move- ments there emanating from abroad. The Jesuits contrived to gain him over to their system of toleration. He returned to England, was received at court with favour equal to that enjoyed by Penn the quaker; and, like Penn, devoted himself from conviction, perhaps from enmity to the church of Eng- land, to the great work of bringing the dissenting sects together. Earnest endeavours were now being made to in- 1 That of Innocent XI. 1687.] THE TEST REPEALING ORDINANCE. 231 troduce catholics and nonconformists into the corporations and popular magistracies. The king thought that this habit of living together would establish firm ties between them. It is true that the share of the catholics in employments was much greater than that of their new allies. Still, through the in- fluence of Penn and of Steward, in the renewal of the city magistracies at the close of the year 1686, a quaker was elected lord mayor of London, and several presbyterians, notoriously opponents of the government under the last reign, were made police magistrates and aldermen. Lastly, in the month of February, 1687, the ordinance which was to legalize these nominations and suspend the penal laws, was published in Scotland. The tenour of this first ordinance proved that the high catholics, while calling the Scottish presbyterians to their aid, were unwilling too greatly to encourage their revolutionary spirit, and to deprive themselves for the future of the means of repression furnished with respect to them by the church of England tests. The ordinance drew a distinction between the moderate and the high presbyterians; it authorized the former to hold peaceable meetings within their houses, but with regard to the latter retained the strict prohibition of conventicles in the open air; it affectionately dwelt upon what interested the papists, faithful subjects, it said, and too long the victims of their devotion to the royal cause, too long ex- cluded, under odious pretexts, from functions which their enduring loyalty rendered them so worthy to exercise. Ac- cordingly, the king, in virtue of his absolute power, of his sovereirjii authority and royal prerogative, ivhich all his sub- jects were bound to obey, willed that for the future the catholics should be deemed qualified to hold every kind of office, and that no other oath should be required of them or of other dissenters, such as the moderate presbyterians and quakers, than that of fidelity to the absolute power in virtue of which the ordinance itself was promulgated. A month afterwards an analogous declaration was published in England; it was adapted to the state of the dissenting sects in that kingdom, and manifested towards the noncon- forming protestants none of the mistrust which excluded part of those of Scotland, less capable, indeed, of using reli- gious liberty with moderation. It dealt gently with parlia- 232 HISTORY OF THE COUNTER-REVOLUTION. [1686- ment, expressing a hope that it would consent to a measure . in which the king had thought it incumbent upon him to take the initiative. It did not assign the absolute w r ill of the king as the only reason for the abolition of the tests; but it demonstrated, winch was easy enough, that after so many efforts, for the last two centuries, to establish a perfect reli- gious uniformity in the kingdom, it was clear that the only way to conciliate consciences was the ceasing to force them. All oaths of allegiance and of supremacy, and the various tests, were therefore suppressed until the approaching convo- cation of parliament. ' The king guaranteed to the English clergy the full and entire possession of its rights; he only took from it that of persecuting the nonconformists. Most assuredly the two declarations addressed themselves to very, powerful interests. The able men who had conceived the idea of arousing those interests against the long odious supremacy of the church of England, attacked it here in a formidable manner; but it Was one thing to render the tests hateful to tlie mass of the nation, and another to bring into favour that absolute power, in virtue of which they were suppressed: the catholics might consent to the establishment of this power, which had no terrors for them; but the non- conforming protestants, while accepting with gratitude the religious liberty granted to them, by no means seceded4rom the members of the church of England as to the protests set fortfr by the latter against the principle of royal will placing itself above the laws. Upon the first point, the n onconform- ists sent addresses of thanks which gladdened the court, but they said hot a word about the 1 secondhand it was now very perceptible that, with very few exceptions, they listened far more readily to the attacks of the church of England men upon absolute power, than to the declamations of the catholics against the Vigour of the tests. It was successfully pointed out to them that these fine ideas of toleration were nothing new; that, under the late reign, the papists had preached them up in order to get themselves into office; that it was in despair of any other means that they were resorted to then, after a multitude of hideous plots; that the king himself, at the time of his alliance with the church of England, was the most ardent persecutor of the nonconformists; that he received, indeed, with outward kindness, the protestant exiles from ]687.] THE AFFAIR OF MAGDALEN COLLEGE. 233 Prance, but that he gave a very different reception to the protestants whom the tyranny of lord Tyrconnel compelled to quit Ireland. In fact, since he had been lord-lieutenant and commander of the army, lord Tyrconnel, with all the energy of his character, had been pressing forward that part of the high catholic plan, which consisted in converting Ireland into a camp. . He had taken the charters from the towns and the corporations, and dismissed all the protestants who had been employed under government, under the duke of Ormond and the earl, of Clarendon. As he augmented the strength of his army in proportion to the increasing audacity of his enter- prise, the rich protestants had no resource left them but to expatriate themselves. Some passed into England, others went to- Holland, where it was the policy of the prince of Orange to give them a welcome reception. The excesses of passion almost invariably betray the views of parties; the impatience to enjoy results, destroys the means of arriving at them; and thus the high catholics of England, while preaching liberty of religious worship, already gave manifest indications of an intention to render their own religion dominant. In order to secure the rising generation, it was. necessary to have the direction of education: not con- tent with having founded colleges where the catholic youth might be brought up secure from protestant seductions, they - determined to invade the protestant universities themselves. In a preliminary attack upon that of Cambridge, they were repulsed; but. after a very lengthened combat, they made their way into that of Oxford, which had lately so impru- dently declared, against the principle of resistance. The presidentship of -Magdalen College became vacant; the king ordered the members of the college to elect one Farmer, a new catholic convert, one of those intrigants who, under all systems, barter their opinions for a place. The Fellows in answer laid before the king a list of the vices and misdeeds of his candidate. James pointed out a person of somewhat better repute, (Parker); the Fellows rejected him also, despite all the threats of the kin?. n * f * . fr Has aiiair was already causing a great deal of excitement, when several letters from the Jesuits of Liege to those of Friburg were intercepted in Holland, and despatched to England by the refugees. These letters spoke with rapture 234 HISTORY OF THE COUNTER-REVOLUTION. [1687- of the prosperous state of the Roman-catholic religion, and of what the Society was doing to remove education from the hands of the heretics. "We are gradually gaining ground in England; we have got chairs of humanity at Lincoln, Nor- wich, and York, and at Worcester a public chapel, under the protection of the soldiery. Our brethren there are about to purchase some houses at Wigan, in Lancashire. Our in- terests are advancing most powerfully; fathers of our order preach before the royal family, and in the principal churches, where they attract crowded audiences of the faithful. They have bought some houses in the Savoy for 18,000 florins, which they are going to convert into a college." The same letters, speaking of James IL, gave particulars as to his bigotry, which completed the destruction, by the force of ridicule, of a system already odious from its tyranni- cal tendency. They intimated that the king had just been admitted to participate in the merits of the Society of Jesus, and had testified great joy at finding himself so adopted; that he declared the interests of the order were his own; that he would die a martyr rather than not complete, during his life, the conversion of his kingdoms; that, on one occasion, when a Jesuit knelt before him, he raised him, saying that it was rather for the priest to receive such an homage from the king. The authenticity of the letters was proved by the information which they gave as to enterprises which were still secret at the time they were written. They announced the future elevation of father Petre to the dignity of cardinal, and his approaching admission to the privy council; the replacing the capuchin father, Hansel, in the post of confessor to the king, by father Warner, rector of the Jesuits of Saint Orner, a minor revolution, not without importance to the projects of the high catholics. The letters finally mentioned an observation of the king which alluded to those projects: it was in answer to some one who was lamenting, in his pre- sence, that his heir presumptive was an heretic: "God will give me another," said the king. There was in fact nothing but this present from Heaven that could preserve the new catholic church from the accession of William. Parliament, despite all the efforts which had been made in the intervals of four successive prorogations to detach it from the English church, had in no degree fallen in 1688.] INCREASED POWER OF THE JESUITS. 235 with that system of toleration which it had been hoped it would eagerly have adopted. But the government hesitated at dissolving it, for it was the royalist parliament obtained at the price of so much fraud in the first year of this reign. New elections, notwithstanding the changes in the corpora- tions, would in all probability send in men still less favourably disposed. The plan of gaining time, and meanwhile con- tinuing to work upon the public mind, as had been the course since the rupture with the English church, was becoming dangerous, for the ambassador Dykvelt, after fruitless remon- strances as to the affair of the tests, or that of the universities of Cambridge and Oxford, and on that of the publication of the two ordinances, began to threaten the government with public opinion, with the resistance of the whole English nation, unless they desisted; and intimated, broadly enough, that this resistance might find exalted and powerful support abroad. The catholics estimated the intentions of the prince of Orange, even better by their own, than from the words and conduct of his ambassador, and saw that they must anticipate him, in order not to be taken by surprise. They dismissed Dykvelt, and rejoiced at his departure, as at a com- mencement of success. Louis XIV., who has always been considered better informed than Barillon as to the intentions of the high catholics, directed that ambassador to do nothing which might prevent the rupture between the king and his son-in-law, because, instead of having any disastrous result, it would facilitate the execution of his Britannic majesty's designs. To assist James in his new plans, the catholics had sent over to him as confessor, Jesuit Warner, a man very learned in cases of conscience, and otherwise able, the inti- mate friend of father Petre. James no longer took any step but under the direction of one or the other of these two, a fact which soon got abroad. Father Petre was made a member of the council of state. Parliament was dissolved; meanwhile, they continued to labour at the bringing the non- conformists and catholics together, so as, by these means, to arrange a future parliament to their mind. The nuncio d' Adda was publioly received at Windsor; his retinue, com- posed of Romish priests and foreign monks, passed in osten- tatious procession through London. Commissions in the newly 236 HISTORY OF THE COUNTER-REVOLUTION. [1687- levied regiments were liberally distributed; fresh works were commenced in several fortresses, and additional arma- ments in all. the ports. Amid these preparations, carried on with activity and abilit y, were heard various indiscreet boasts; and facts and words manifested, r in the catholic party, a redoubled ardour, due probably to some daring determination. In fact, at this time, as the event showed, for the state de^ liberations were enveloped in the same secrecy which covered the gunpowder, plot ^nd the murder of justice Godfrey, the high catholics had resolved to meet the prince of Orange, not with acts of parliament, but with a prince of Wales. It was doubtless, from a knowledge of this extreme measure, that the marquis d'Albe ville had ventured to say to the officers of the prince in Holland; " This English church, of which you talk so much, will within two years be but a body with- out life." - As if the hope of obtaining fruitfulness for the queen by means of prayer and pf medicine had all at once occurred to the high catholics,;, there, was. .spread in the. month of August a rumour of presents sent to our Lady of Loretto, for the success of a journey which the queen was .about to make to Bath. . The king himself was to conduct her. The most extraordinary, accounts were circulated of the virtue of the Bath waters; their certain effect, it was said, w^ould be to remedy in the queen the natural impediments under which she-laboured. The king, and queen, on their way, were to offer up their devotion at the chaperof Saint Winifred, very celebrated, throughout Wales, for cures of the kind which the queen went to solicit; the pilgrimage and the waters together, it was confidently said, would, at an early period bless her majesty and the nation wit^i an heir to the crown. The king -set out on the .first of September, and went first to Portsmouth. He ha4 lately ordered considerable additions to the fortifications of this town, not towards the sea,, despite the importance of the port, but towards the land, a plain indication of the idea which filled his mind, that he should one day have to defend himself against his subjects. From Portsmouth to Saint Winifred's Well the king tra- velled slowly; he traversed the country which had been the scene of Monmouth's insurrection, and of the campaign of Jeffreys, and where, consequently, the religious and political 1688.] THE ROYAL PROGRESS TO BATH. 237 enemies of the reigning faction had suffered most severely from its tyranny. The public functionaries everywhere did their utmost to get up à brilliant reception for him. Their official harangues and compliments turned, as usual, upon the public joy, the devotion of his subjects, and the excellence of the administration/If anything could be more astonishing than the unblushing impudence with which all this rank flattery was represented as the expression of public feeling, it was the confident complacency w r ith which James received them. Inmost of his answers, he introduced the abolition- of the tests; and always in connexion With toleration. He put for- ward this new principle by an appearance of amiability towards every one; he addressed himself in friendly language alike to his friends and to his enemies, to those, even, who had been pointed out to him as adherents of Monmouth. The nobility and rich citizens w r ere generally on the reserve: it Avas evident to them that by this conduct, so unlike the usual haughtiness of his bearing, the king's sole object was to can- vass votes for the next parliament. Among the lower classes and the zealous sectaries, instincts and interests different from those wdiich excited the distrust of the noble and wealthy opened men's hearts to the promises of religious liberty made by a king in person, and James, when he de- claimed against the tyranny of the English church, was at times applauded. Obscure deputations waited' npon him to declare their adhesion to the suppression- of the tests, and were received with marked distinction. The court even accepted with gratification the ~ address of thé cooks of a small town, who said that consciences could no more be forced in matters of religion, than tastes in matters of the palate. The cooks so far were quite in the right, and the uncouth sympathy of the poor with the new principles of the court was affecting; but the rich, in whom were vested the great national interests, did not disguise their equally just suspicions, and regarded, as fallen into the lowest abasement, a power which sought allies in that class whence the millenarians and the levellers had heretofore recruited disciples. At Chester, lord Tyrconnel waited upon the king, to re- ceive his orders respecting Ireland: there was a wdiolly dif- ferent system for that country than for England. - : The affairs of the catholics were there so advanced, that it was in ini- 238 HISTORY OF THE COUNTER-REVOLUTION. [1687- mediate contemplation to destroy what they called the esta- blishment of Cromwell, that is to say, the arrangement of property, founded upon the great protestant colonization, which had "pacified" the country in 1652, and had held it in check during the whole reign of Charles II. The king thought that at least five years would be necessary to com- plete this revolution. Lord Tyrconnel proposed that, some- how or other, it should be accomplished within a year ; that then Ireland, wholly separated from England by religion, should be placed under the protection of the king of France, so as, whatever happened, to offer to the catholics of England an asylum entirely free from the presence of protestants: his plans were approved of. In passing through Oxford, the king received the homage of the various colleges. The authorities of Magdalen college, which, for nearly a year, had been in open resistance, pre- sented themselves like the rest. The king assailed them with violent language, told them that his presence should settle the business, and ordered them immediately to elect the person whom he had nominated. A fresh vote had the same result as all those which had preceded it. James continuing his journey to Bath, handed over the authorities of the college to the Court of Delegates, and they were soon replaced by Jesuits. On the sixteenth of October he returned to Windsor with the queen. A rumour was almost immediately spread as to the happy effects of the baths upon the latter, and early in November it was said that she was pregnant. By the end of that month, the news, repeatedly contradicted, was given out as certain. The impatience of the catholics, counting each day as two, already, in the middle of December, carried back to three months the period of the supposed conception. How- ever, the 16th of October, after many changes, was the day adopted by the queen herself, and from which, for some time, the official calculations were based. The news spread by the court of the condition of the queen was more and more favour- able; public thanksgivings were offered up in the catholic and protestant churches. Still everything around the queen went on mysteriously, and created the suspicion of an imposture, which numerous clandestine pamphlets sought to demonstrate. A narrative of the pregnancy assumed in former times by the catholic queen Mary, in order to exclude Elizabeth from the 1688.] ALLEGED PREGNANCY OF THE QUEEN. 239 throne, was reprinted, and by the simple motto, idem iterum, pointed out to the least prejudiced minds the precisely similar attempt now suggested to the catholics by the return of similar dangers. Indications in corroboration of this new fraud were not wanting. The queen, from necessity or want of foresight, herself furnished them. All employed about her person were papists. No one was admitted to her toilette as heretofore. The princess of Denmark, and the protestant ladies of rank, whose testimony would have silenced all suspicion, fruitlessly endeavoured, for the sake of the queen herself, and still more, for that of the child she pretended to bear, to obtain certain proofs, easily given to women. The queen affected scorn of all imputations, and continued to surround herself with the most impenetrable mystery. Meanwhile, upon the strength of the pregnancy, or of the measures taken to insure the success of the fraud, the greatest efforts were made by the high catholics, that the convocation of an anti-Anglican parliament might be coincident with the birth of a prince of Wales. They hoped that this event would prostrate their enemies, and that the nation, accepting it as a pledge for the reigning family, and preferring the im- putation of being duped to the being ruined by a civil war, would effect against the church of England what it had effected at the restoration and after the rupture of Oxford, against the republicans. The congratulations which James had received from the authorities during his journey, had led him to suppose that he should find them disposed to concur in the legal subversion of the church of England. He sent to the lords-lieutenant of the counties, after having exacted from them in writing a special oath of obedience, instructions of so strange a nature, that they were forced either openly to refuse to comply with them, or to feign not to understand them. Many adopted the latter course. The instructions were to form, in every county, a commission of three noble- men who should swear to devote themselves wholly to the will of the king. These three commissioners were to arrange the impending elections by visiting all the influential electors and other persons in credit, and giving them to understand what the king desired of them. In many counties the lords- lieutenants required explanations, urged difficulties, and by gaining time, contrived to avoid the responsibility of the cor- 240 HISTORY OF THE COUNTER-REVOLUTION. [1687- rupt measure intrusted to them; others executed the orders of the court, and had his electioneering circuits carried into effect. The commissioners chosen by them went from town to town, saying to the rich inhabitants: If you are elected a, member of parliament, will you consent to abolish the tests and the penal laws, affecting creeds? Will you give your vote to him whom his majesty shall point out? Will you live in peace with your neighbours, of whatever religion they may be, both in the kingdom and out of it? To the first two questions, the answer was almost every- where a decided negative; to the last, the ambiguity of which precluded its precise comprehension, a vague reply was given, but in terms so nearly the same everywhere, that they seemed the result of previous concert: " We will live in peace with all so far as the interests of his majesty and of the government established by law will permit." It was believed that the court referred to the catholics of Ireland and of France, now so evidently leagued against protestantism, and they desired it to be understood that they would not scruple to defend themselves against them by forming a protestant league. The court, seeing itself defeated in the appeal thus made in detail to public opinion, again postponed the convocation of a parliament. It was evident to it, after such an essay of its influence, that the nonconformists returned would be a very small number. The latter, moreover, while very eager to enjoy the liberty which had been accorded them, were not by any means persuaded that this liberty would find its safe- guard in the imposition, or even in the real birth of a popish successor. The court, therefore, recurred to the means employed in the preceding year. In the beginning of May a second proclamation of liberty of conscience was published. In its preamble, the king said that he was encouraged to renew his first ordinance by the large number of addresses of thanks and verbal assurances which he had received during his journey. The happy effects of this ordinance had already been amply appreciated, according to him, by all wise per- sons; the country had enjoyed the most profound peace. "If certain changes," he added, " had been made in the civil and military departments, it was because the welfare of the service required the removal of men obstinately attached to 1688.] RESISTANCE OF THE BISHOPS. 241 the maintenance of tests, whose abolition had been acknow- ledged essential to the repose and prosperity of the country. The ordinance terminated with the formal assurance that a parliament should be assembled at the latest in November. Last year, the catholics had confined themselves to publish- ing the ordinance by the medium of the official press. They now determined upon giving it a publicity more offensive to their enemies, and accordingly obtained from the council an order, directing the Anglican bishops to have it read twice in every church in their dioceses. The first reading was to take place on the 20th May in the metropolitan churches, and in all those within a circle of ten miles. It was thus that the famous proclamation of Oxford had been made known to all England in 1681; and it was kept in mind with what .zeal the bishops had then rendered this service to the court, and had subsequently maintained, and had inculcated in ser- mons, the doctrine of passive obedience. The catholics thought that, in virtue of this doctrine, the bishops would now be obliged to act against themselves, and, as father Petre ex- pressed it, to eat their own filth. But it was not to be so; for parties never deem themselves bound by the obligations which they impose upon others. The church of England men, heretofore absolutists against the presbyterians, were now independents as against the catholics. The bishops, before the day fixed upon for the first reading of the ordinance, assembled in London at Lambeth palace. The course of reasoning by which they passed from their principles of blind submission to the doctrine of resistance, exhibit those tricks of the intellect, by which men think, while contra- dicting themselves, to prove that they have never ceased to be consistent. " It is," said they, " illegal to dispense with the laws under circumstances contrary to the object of these laws. The king has no power to commit an illegal act. On the other hand, he is considered by the laws as incapable of doing wrong; therefore, the present declaration as to liberty of conscience cannot be regarded as proceeding from the king, since it is illegal: consequently, without failing in their obedience, the bishops cannot obey the order to publish the declaration." Founded upon these data, a petition to the king was drawn up, and signed by the bishops of Saint Asaph, Ely, Chester* R 242 HISTORY OF THE COUNTER-REVOLUTION. [1688. Bath and Wells, Bristol, Peterborough, and the archbishop of Canterbury. They presented it on the evening preceding the day when the first reading was to have taken place in London. They endeavoured to show that it was not from a spirit of insubordination that they declared their repugnance to reading the declaration; nor was it from hostility to the nonconformists, for it seemed to them that the time had arrived when these should be treated with moderation; but parliament alone could alter the laws concerning them; and that what especially obliged the petitioners to supplicate his majesty not to insist upon the reading of his declaration, was that of its being founded upon a dispensing pciver, which parlia- ment had always considered illegal. Now the church could not consent to give a solemn publicity to what parliament did not sanction. The form of the petition was respectful; it was filled with expressions of devoted loyalty, but still the refusal of obedience was distinct and positive. The protest against absolute power, though proceeding upon a nice distinction, was, under existing circumstances, an act of great public importance. In the absence of a parliament, the church served as the organ of public opinion. In the affair of doctor Sharp a first example of resistance had been given by the bishop of London. His trial had interested the whole nation; but here the resistance was collective; there was nothing in it alarming to the nonconformists, the petition, taking their situation also into its consideration, and detaching them in a measure from the court. A general contest between all the powers of the counter-revolution and public opinion in all its possible modes of manifestation, would therefore follow the protest of the bishops, if the court undertook to force them to obey. James hesitated between the two courses open to him, of withdrawing the declaration or punishing the bishops' peti- tion. He at length adopted the advice of chancellor Jeffreys, a man of ready resource when legal pretexts for acts of vio- lence were required. Jeffreys asserted, that the manner in which the bishops had drawn up their petition was tumul- tuous, and consequently liable to prosecution by law; where- upon the bishops were summoned to appear before the council. This did not intimidate the lower clergy. In most of the churches they abstained from reading the declaration. 1688.] PROGRESS OF THE ALLEGED PREGNANCY. 243 One clergyman, ascending the pulpit with the ordinance in his hand, said to the congregation that he was forced to read it aloud, but that he knew of no law which obliged them to stay and hear it; the church was instantly empty. In the few places where the court was obeyed, the congregations, of their own accord, quitted the churches. The fortnight be- tween the sitting of the council at which the impeachment of the bishops was resolved upon, and that at which they were to appear, passed on. The greatest agitation prevailed in London during the whole of this time. The troops employed to maintain order, themselves exhibited disaffection. The king saw too late that in persisting in his declaration, and causing those who protested against it to be prosecuted, he had taken a resolution at once dangerous in itself and pecu- liarly unseasonable: for it was already the eighth month of the pretended pregnancy of the queen, and it required all the address and all the power of the catholic party to carry this fraud into effect. Public security was the chief condition of success, and this they were about to disturb by an enterprise which rendered all kinds of accusations more credible. According to the reports then believed, and which may now be considered as the truth, with regard to the affair of the succession, up to the commencement of April, no one knew with any certainty whether the pregnancy of the queen was feigned, or whether the pilgrimage and the waters of Bath had been so successful as to enable her to become a mother after seven years' sterility. But on the 9th of April the queen met with an accident, the circumstances of which could not be entirely concealed, and after the occurrence of which a pregnancy was necessarily out of the question. If the pregnancy were genuine, the accident was a simple mis- carriage; and if, from the beginning, it was a fraud, the accident itself was of a nature to render the perseverance in the fraud utterly preposterous. The queen, however, conti- nued to display all the appearances of pregnancy, the progress of which was imperfectly sought to be imitated in her shape by the increasing amplification of her dress, and the art of her attendants. This manœuvre lasted during the months of April and May — the alleged sixth and seventh months — without any new accident occurring to betray it; but public incredulity saw, in the mystery which surrounded the queen's r2 244 HISTORY OF THE COUNTER-REVOLUTION. [1688. rising and going to rest, matter for daily conversation, and which proved more and more as the term approached. Spite had some share in the diffusion of the first suspicions, but the same reports, confirmed because not denied, now excited indignation. The people already saw before them the com- pletion of this audacity — a false prince of Wales, a child who would destroy the protestant religion, imposed upon England» The impeachment of the bishops occurring just at the moment when the fear lest the papists should succeed in getting their prince of Wales accepted had taken possession of the public mind, immensely encouraged this fear. The nation, which had resigned itself to the reign of James, as to a sort of political tempest beyond which it saw sure repose, appeared once more, in defence of its last hope, the same that it had shown itself at the time of the popish plot. Pre- vious to the day when the bishops were to appear before the council, a multitude of persons of all ranks went to visit them; the approaches to their houses were thronged with crowds of people waiting their turn to present themselves. When they went before the council, business was everywhere suspended: the public business was now the trial of the bishops. The enormous population of London, quitting their homes, filled the streets around the palace, awaiting the de- cision of the council. After waiting some hours, they learned that the bishops were about to be transferred to the Tow T er by water. The multitude rushed towards the wharfs to see them on their way; the excitement was at its height; the most menacing cries were uttered: but when the exasperated masses saw the. bishops appear, and when these, extending their hands soliciting peace, gave them their benedictions, they knelt, recovered their composure, and then dispersed in silent consternation. While London was thus agitated in the early part of June, the court was preparing for the feigned accouchement of the queen. According to the calculation hitherto admitted, and which reckoned the necessary period of nine months from the 16th of October, the queen was now in her eighth month. She had announced her intention to quit Whitehall in the middle of June, and pass at Windsor the month which still remained of her time. But this announcement was only 1688.] the queen's alleged accouchement. 245 given to mislead thé persons who were bound by their posi- tion in the state to be present at the accouchement, and who thus hoped to unmask the fraud. It was considered that they would remain at their country seats until the middle of July, and the better to secure this, it was given out at one time that the queen would go to Windsor, at another time, to Richmond, and then again to some other royal residence. So early as May, they had managed to have the princess of Denmark ordered to drink the waters at Bath; it was hoped that, deceived like the rest, she would remain there until the queen's supposed term. As to the archbishop of Canterbury, another witness as interested in keeping a close watch upon the affair as he was difficult to deceive, he was at "the Tower. 1 The queen seemed thus tolerably secure of having her con^ finement when she chose, and in the presence of select wit- nesses, when suddenly the arrangement was disturbed by the news of the immediate return of the princess of Denmark, who, not feeling herself benefited by the Bath waters, was preparing to rejoin the queen. The first plan was àt once changed: the queen declared, on a further calculation of dates, that she believed herself at least a twenty days more advanced than she had hitherto supposed; that she could not go to "Windsor, and would immediately retire to Saint James's, wmere she would be confined. It was represented to her that there was nothing ready for her reception there; but she replied, in a tone as though the pains already warned her of an impending delivery, that she would go at once. Every- thing was hastily got ready at Saint James's, and the very day after her arrival, the 10th of June, before any one was informed of her sudden removal, and at the hour when the protestant ladies of the court were at church, for it was Trinity Sunday, she sent to inform the king that she was in 1 This explanation of die absence of the princess of Denmark and the archbishop of Canterbury has been preferred to that given in the Memoirs of James II. According to him, the princess went to. Bath expressly that she might not see whether the queen was brought to bed or not, and thus malignantly to generate the suspicions which would naturally result from her absence. The archbishop, from similar motives, purposely got sent to the Tower. It is by statements of this stamp that the disciple of the Jesuits Warner and Petre seeks to transfer the charge of imposture to his adversaries. 246 HISTORY OF THE COUNTER-REVOLUTION. [1688. labour. Reckoning from the 16th of October, as she had hitherto done, she had been pregnant six days less than eight months There were with her only two women of the bedchamber, one under woman of the bedchamber, and the midwife. The countess of Sunderland, wife of the prime-minister, and lady Bellasis, a catholic, came afterwards. The king himself arrived last, bringing with him twenty high personages, mem- bers of the upper house and of the privy council. The Dutch ambassador received no intimation. The king and his train stood in a row opposite the queen's bed, which was placed in an alcove concealed from view by thick curtains, closed with the greatest care. The ladies were in the alcove, which com- municated with other apartments by a side door. The queen cried out. The women exclaimed that she was delivered; one of them came out of the alcove carrying a parcel of clothes, in which the infant was supposed to be enveloped; but no child was seen or heard. The countess of Sunderland made a preconcerted sign to the king, upon which he an- nounced aloud to those who surrounded him, that a prince of Wales was born, but the expression of joy which he attempted to assume was disturbed with much anxiety. The assumed witnesses of the accouchement departed without having seen anything, and the news w r as immediately made public. After this scene, which she went through with equal presence of mind and energy, the queen made no attempt to prove that she had really been confined: the princess of Denmark re- turned three days afterwards, and was not admitted into the secret of the alcove, which remained wholly with the countess of Sunderland, lady Bellasis, and the popish women of the bedchamber. Doctor Chamberlain, who had before attended the queen on such occasions, was not called in either before or after the operation. He thought at first that another physi- cian had been employed, but if so, it was never known from whom the queen received the assistance indispensable to a woman in childbirth. It was not a case of negligence, but a choice between two inconveniences, that of dispensing with some of the circumstances which should have established the fact abroad, and that of admitting too many persons into a secret of such importance. As to the child, the physicians who saw it the first day or 1688.] TRIAL OF THE BISHOPS. 247 two, found an appearance of strength very extraordinary in a child born before its time, and of a mother whose health was so feeble. However, the child did not live. A second sub- stitution took place, got up with so much haste, that the ne- cessary precautions could not be taken. The doctors called in to see the invalid child were at first shown an infant which evidently could not live beyond a few moments; they looked at each other in amazement, when, after an absence of half an hour in consultation, they were introduced to what purported to be the same child, healthy, and without any trace of suffering. It was requisite, so glaring was the substitution, to offer this clumsy explanation, that there was something miraculous in this sudden recovery. They retired, without venturing, for the time, to say anything, and the two frauds were, for awhile, confounded as one in the public mind. Fetes, commanded by the court, celebrated the birth of the pretended prince of Wales. The population of London took no part in them; nor did they attempt to disturb them, but reserved all their mani- festations of discontent or of joy for the affair of the bishops, which was going on all the while, regarded by father Petre and the high catholics as a useful diversion. Six days after the birth of the prince of Wales, the bishops were brought from the Tower to the bar of the court of king's bench. On their way, they found the whole city in move- ment; they traversed an immense concourse of people, by turns kneeling devoutly to receive their blessing, or erect, and making the air resound with acclamations. The bishops were followed by a numerous train of rich and distinguished persons, and women of the highest rank already thronged Westminster-hall; and when the bishops assumed their seats on the prisoners' bench, a great number of peers took their stand behind them, in public testimony that they deemed the cause of the seven prelates their own. Xever, since the general insurrection of the English against the ministry of Laud and Strafford, had society been known to be so excited and so combined in one great purpose. Accordingly, the French ambassador, Barillon, already wrote: " It seems as though this affair were a trial of strength be- tween the two parties, and that the popular party has in every respect the better of that of royalty." The bishops' counsel demanded to be allowed to prove that the arrest was illegaL 248 HISTORY OF THE COUNTER-REVOLUTION. [1688. The judges did not permit them to plead this question, but consented to the bishops being set at liberty, upon their giving security to reappear in a fortnight. This temporary release of the bishops was received as a presage of success by the multitude, who besieged the streets of Westminster, and by whom the bishops were escorted to their residences, amidst transports of joy. When night came, London was illuminated; the demon- strations of delight were even somewhat tumultuous. The authorities had prohibited all persons to leave their houses and to assemble in the streets beyond a certain hour; but after seven years of timid obedience to the least commands of this kind, every one felt the want to go abroad among his neighbours, to assimilate himself with the general ardour, to mix with those whose society he had scrupulously avoided in the days of terror. Patience had long been brooding over secret thoughts, which men now felt the necessity of intercommu- nicating. After being so wretchedly divided, all the enemies of papacy and of absolute power were once more friends, without any previous explanation. During the fortnight allotted to the bishops to prepare their defence, the nobility, citizens, and people, seized every opportunity of manifesting the interest they took in this cause. During the same inter- val, the court proposed to renew the fêtes in celebration of the birth of the prince of Wales. One day a display of fire- works was to be exhibited near Whitehall: the populace imagined that the papists were again about to set fire to London, and directed their steps towards Whitehall, spread- ing this dark rumour; but a storm having in the afternoon destroyed the preparations, there was no end to, the raillery, which the populace, on dispersing, lavished upon this little miscalculation of the court: some of them, indeed, saw in it a judgment of God, who had felt Himself braved in the rejoic- ings for this imposture, for by this name the people now; ordinarily characterized the birth of the prince of Wales. On the 8th of July, the bishops were to appear for the second time. They traversed the city amidst transports r which exceeded even those that the population of London had been manifesting since the commencement of this affair. Somewhat of anxiety was now mingled with impatience. The multitude, although exalted by the sentiments created 1688.] TRIAL OF THE BISHOPS. 249 by this spectacle of their strength, understood with won- derful perception all that the cause, when decided, would add to, or diminish of this power, according to the sentence. Out of four judges who composed the court, two approved the bishops' petition. The jury, though great pains had been taken to select it, were not devoted to the papists. The crown counsel, venal but clever men, could not count upon more favour from the tribunal than their adversaries. Thus, despite their efforts, in preparing the case, to prevent the de- fendants from bringing into question the dispensing power of the king, it was upon the constitutionality of this power that the tribunal had to pronounce. The bishops were brought up before it as guilty at once of disobedience and of rebellion; of disobedience, in having refused to cause the declaration to be read in the churches; of rebellion, in having addressed to the king, printed, and propagated, a petition in which, under pretext of justifying their refusal, they attacked the king's authority, and sought to bring it into contempt. The counsel for the bishops, on the other side, maintained that, if the king had not the power of dispensing with the laws, the bishops were entitled to resist an order emanating from that power; that they were at full liberty to intreat the king not to exact from them what, in conscience, they did not think they could do; finally, that they were justified in permitting their respectful and loyal petition to be printed and distri- buted: now, had the king this power of dispensing with the laws? They demanded permission to prove the contrary. The <îourt consented to hear them upon this question ; and from that moment they had gained the cause. It was im- possible to meet their arguments upon the consequences of a power, which they went largely into a description of, in its most general action, not only as to religious affairs, exercised for the benefit of such or such a sect, but extending to all those laws which guarantee the political rights, the life, the liberty, and the property of the subject. These words w T hich have power only when liberty and property are really menaced, could not be pronounced on this occasion without exciting universal transports and applause. The bishops' counsel made an admirable use of the position which the tribunal had allowed them to take. It was not merely a recent usurpation which they assailed, but the system of .250 HISTORY OF THE COUNTER-REVOLUTION. [1688* usurpations which constituted the counter-revolution. They proved that the power of dispensing with penal laws was nothing else than absolute powder under a different name; the same power which the parliaments had struggled against during the last reign, in the affair of the declaration of in- dulgence, and then in that of the minister, Danby; the power, finally, the questioning of which had been taken away from the people by surprise, in the case of sir Edward Hales, and in virtue of which the papists had been put in possession of all the places under government. The crown counsel, obliged to defend the system, that is to say, to prove that the power of dispensing with the laws was inherent in the royal prero- gative, merely irritated the public without producing any marked impression on the court. During the ten hours which these arguments occupied, the populace remained, as it were, encamped all around the hall, vehemently adopting all the impressions which reached them by the medium of those who had made their way into the court; abusing or applauding the witnesses who came out, according as they were pointed out as favourable or unfavourable to the accused. The court also received constant intelligence. In the evening, the king set out for the camp at Hounslow Heath; he felt the need of being surrounded by his troops; he passed the night in the general's tent. The whole of the same night was spent by the jury in deliberation. It was not till early on the 9th that the decision was made known. The votes were divided, but the bishops were de- clared Not Guilty, As soon as the word acquittal was heard, the crowd dispersing spread the news in every direction. The public joy was immoderate: all London was illuminated, and in the bonfires the pope was burnt in effigy, amidst boisterous dancing and merriment. From London the com- motion passed rapidly to the camp at Hounslow Heath, and the soldiers followed the example of the people. James heard their joyous cries from his tent, and in this way learned the intelligence, which utterly surprised him, for he had not doubted that the bishops would be condemned. He hastily left the camp for London, devoured by anxiety and resentment. When he re-entered the city, it was illuminated and resonant of rejoicing; he could not but sorrowfully call to mind its silence in the fêtes ordered some days before for the birth of the prince of Wales. 1688.] DESIGNS OF THE CATHOLICS. 2ÔT The high catholics found, by the circumstances and the result of the affair of the Anglican bishops, that they no longer had the courts of law at their disposal; that the people had ceased to fear them; that the army would no longer serve their pur- pose. But having succeeded in the main features of what they had undertaken, despite the moderate catholics, having ex- cluded the protestants from the succession, they believed that time and cautious management would do the rest; that the birth of a prince of Wales would cover their usurpation; that, for the future, they need only labour to strengthen it. They looked upon the conquest of the country as nearly concluded, and imagined, that under the shadow of this royal birth, against which, as yet, none but unimportant protests had arisen, they should, without fresh violence, by continuing to flatter the nonconformists, by vitiating and perverting the institutions w T hich were still left standing, by promising a parliament, and deferring its convocation under various pretexts, and by purging the army of its enemies, and aug- menting its numbers, be able gradually to organize and con- solidate their system. The prince of Orange, indeed, still gave them some uneasiness; his congratulations on the queen's accouchement did not so blind them as to make them believe him the dupe of the trick which deprived him of his right to the crown; but they did not think that, during the life of the legitimate sovereign, his father-in-law and their master, he would venture to attempt anything; and if James lived only ten years longer, they felt confident that, before that time expired, their power would be secure from all external attacks. The catholics were mistaken in this calculation. The birth of a prince of Wales was far from sufficient to terminate the dispute commenced by the bill of exclusion; and the affair of the bishops, on the contrary, commenced a new struggle. The advantage which the nation had. just gained, was so evidently the result of the energy with which it had armed itself, that it was useless to expect that, after this successful essay of its strength, it would sub- mit to what might be again undertaken against it by worn- out deceptions. It had arrived at the point at which insur- rection seems legitimate, because it is possible; and it is well known that nations never retrace their steps, when a first impulse has been given them by the feeling of their power. 252 HISTORY OF THE COUNTER-REVOLUTION. [1688. Now, as in 1640, it was men of high rank who became the leaders of the people; but no longer with the generous inexperience which, at that period, carried them beyond their principles and their desires. Knowing what they had to lose and to gain in the revolutionary game, which had now become inevitable, they felt it was for them to commence it, in order that it might not be against them. A single revolution in the palace might abruptly cut short the question between the catholics and the protestant religion, between royalty by divine right, and royalty by the permission of the people; they decided upon undertaking it: and, if it was in their parti- cular class interest, it was also for that greatest of the general interests of England, that interest which had armed the dictatorship of Cromwell, which had necessitated the restoration, and erected the scaffold of "Russell and Sidney, the interest of order. Order was now endangered by the high catholics, because, in fabricating a prince of Wales, they had deprived the nation of the hope which was its only secu- rity amidst its destroyed liberties. The nation, to recover the liberties indispensable to its prosperity and enlightenment, could not arouse itself without occasioning protracted trou- bles, without its distribution into classes and religious sects once more creating the distinction of religious and political parties hostile to each other; it could not touch the govern- ment, without taking next in hand the defective state of society. The protestant aristocracy knew how to preserve the abuses in which it was interested, by viewing English liberty not only as the property of the people, but as the patrimony of the legitimate successor of James. It invited over the prince of Orange, that he might recover from the papists the crown, of which a false prince of Wales threat- ened to deprive him, and the national liberties, which were to be the apanage of that crown. [i b^ilqa-r vja'iam bittow bin, J>ri£rga3 ïo siisftii . 1688.] PROMISES OF THE PRINCE. 253 OHAPTFR V aicffi iftgi iq ojeIt Tx4E REVOLUTION OF 1688. t^ /ip * K i? v i i '■ i i n - . -n . r \ • Deputation of tne English lords to tne prince— Promises of the prince— His instructions respecting the protestant dissenters— Definitive recon- ciliation between the. protestants of all sects— Favpuraole disposition of • the fleet and the army towards the prince — The petition of the English lords — State of affairs in Europe in 1688 — In what manner they pre- vented Louis XIV. from affording assistance to James IL— Warlike preparations of the prince : — Discussions amongst the refugees on the - subject of the prince's manifesto — Departure of the expedition — Apathy of James and of the Jesuits- — William's fleet driven back by a tempest — 3 The Jesuits arouse themselves at this news — William departs a second time— His landing — Flight of James IL— The part taken in the revolu- tion by the nobility and citizens— Hopes of the people deceived — I Establishment of a royalty by consent. doBS OÎ ;ni iuodiiir . In the year 1686, lord Mordaunt, who had been conspi- cuous in the parliament of 1685 for his energetic opposition, had gone to Holland, to persuade the prince of Orange to take an active part in the affairs of England. As at this time the nation had not taken a decided resolution; and, moreover, as lord Mordaunt inspired less confidence as a man of judgment and secrecy, than as an ardent patriot and a good protestant, the prince of Orange had not adopted his views as to the opportuneness and facility of a descent upon England; but merely replied in general terms, that he would have an eye to the affairs of England, and would conduct those of Holland in such a manner as to leave him at liberty to act whenever he should think it expedient; that if the king assailed the rights of the princess his daughter, changed the established religion, or sought, by getting up imaginary plots, 254 HISTORY OF THE COUNTER-REVOLUTION. [1688. to destroy the eminent men who defended it, he would do all in his power to save interests so dear to him. Acting upon this promise, which was conveyed to England by lord Mordaunt, the prince of Orange, in the political rela- tions between England and Holland, had so well mixed up his own private grievances against James IL, with the dis- satisfaction occasioned to the government of Holland by the political shuffling of James's ministers, as to insure his country's taking a direct interest in seconding him in the endeavour, at some future time, to maintain his wife's rights to the crown of England. He had also seized the oppor- tunity of the revocation of the edict of Nantes so to alarm the protestant states of Europe, and to cause it to be looked upon as so very probable that a new general war would arise against Louis XIV., a war in which he would again act the part of leader of the anti- French league, that he was almost wholly in a position to levy and put troops in motion, without any one's being able to determine against what enemy he was leading them. The correspondence of doctor Burnet, the goings and comings of so many English protestants, the memoranda collected by the ambassador Dykvelt during his mission, had drawn the prince into a combination of diplomatic and mili- tary preparation, of which he alone possessed the secret. Email} 7 -, a very nice question, between himself and his wife, had been settled by the mediation of doctor Burnet. The prince was, by the English laws, called only to a titular royalty, subordinate during the life of his wife, a position which little suited a man of his character. The princess, on being solicited by doctor Burnet to declare the manner in which she would act towards her husband, if she ever came to the crown of England, had engaged to resign all authority to him as soon as she herself should be invested with it, and this promise had been received by William as the one encouragement wanting in the pursuit of his project. After lord Mordaunt, the earl of Shrewsbury, who, at a time when conversions from protestantism to Catholicism were, at the English court, a sure road to preferment, had abandoned Catholicism for protestantism, came in the year 1687, not to solicit a premature intervention, but merely to explain to the prince of Orange the disposition of the higher 1688.] RECONCILIATION WITH THE DISSENTERS. 255 classes of the English, and the general state of affairs. The prince of Orange, although fully decided, thought fit to hold out only vague hopes to the earl; but his measures as to Holland and Europe were already almost complete, when the affair of the bishops and the birth of a prince of Wales so suddenly changed the relative position of the English people and the government of the high catholics. The prince sent M. Zuiestein to compliment James upon the birth of an heir. This ambassador had secret instructions to sound the court and the high clergy, and to counsel the bishops to profit by the popularity which they had gained by their resistance, to bring the nonconformists back to them. The prince desired that the question of his right as against those of the pretended prince of Wales should be in England, the question of protestantism without any distinction of sect, against Catholicism. Dykvelt, on quitting England, had laid great stress upon this view of the matter, and the churchmen had ever since been actively endeavouring to bring about a reconciliation in which they made all the advances. The non- conformists in general had placed no faith in the promises of the catholic faction; they had joyfully accepted liberty, but only as a provisional concession. The Anglicans in guaranteeing them, after the expulsion of the papists, that liberty, which they said the fear that their mutual enemies might profit by it, had obliged them to refuse them, left less room to doubt their intentions. The bishops, in their petition to the king, had not failed to express the wish that for the future there might be no more nonconforming protestants; but they had, at the same time, declared that to the parliament alone belonged the right of annulling the laws of uniformity which might be no longer necessary. The counsel for the bishops had argued to the same effect; all the writings published on this affair by the church of England, had spoken of the nonconformists as of brothers from whom they would no longer be separated by the ancient and harsh laws w r hich had always been prin- cipally directed against the papists. Moreover, conferences had taken place between the presbyterians, the quakers, the anabaptists, and the Anglican churchmen; and in the hope of a happier future they had mutually sunk many old grievances in oblivion. They had in turn allied themselves to the court 256 HISTORY OF THE COUNTER-REVOLUTION. |~1688. and the papists from interested motives; it was a common error, and could only be repaired by a frank and enduring reconciliation. This reconciliation had been effected with eclat in the affair of the bishops. As these devoted them- selves in the name of all, there was not one among the non- conformists who was not proud of being represented by them. The population of London had, as in the papist plot, rallied around the protestant interest, and the same union took place throughout the kingdom. In the early part of June, admiral Russell, cousin-german of him who had been decapitated under Charles II., went to Holland to announce part of these great results to the prince of Orange. Since the tragical end of the man whom he re- garded as the glory of his family, the admiral had quitted the service and the court. He was a man of honour, ardent in his principles, and universally esteemed. A great many persons of high rank and influence had charged him to speak to the prince clearly and distinctly, and to learn from him, posi- tively, if he was in a position to prevent at once the final attempts of the papists or the evils which would result from a general insurrection of the English against a government odious to all. William replied that, if a decided number of Englishmen of distinction were to invite him, as much in their own name as in that of their partisans, to come and restore to the nation its privileges and to religion its security, he thought that, towards the end of September, he should be able to meet the appeal. The admiral returned to England; he was soon joined by Sidney, brother of the illustrious Algernon, who hastily returning from Italy on hearing of the events which were agitating England, bad remained for some time in Holland. Sidney had in 1679 been English ambassador to the Hague; he was, of all the English w^ith whom the prince was acquainted, him for whom he felt the most regard. He deserved it for many noble qualities, and among those which rendered him most valuable in an enter- prise of this kind, for a discretion, a clearness of judgment which gave authority to his selections and guaranteed the secrecy of the communications between the prince and the English lords. As ho was somewhat deficient in activity, the prince associated with him a relation of Dr. Burnet, named John- ston, whose extreme diligence rendered him a valuable agent. 1688.] PROGRESS OF THE ORANGE REVOLUTION. 257 On meeting in England, Mordaunt, Shrewsbury, Russell, and Sidney, set about preparing the invitation upon which the prince of Orange had promised to act. They sounded the marquis of Halifax, the ex-minister Danby, the earl of Not- tingham, the earl of Devonshire, three of the principal officers of the army, Trelawny, Kirk e, and lord Churchill, and those among the bishops who had distinguished themselves in the late resistance. The marquis of Halifax, from the first, showed that he would not compromise himself ; the earl of Nottingham, when initiated in the secrets of the conspi- racy, was all at once checked by scruples, and gave this excuse of feeble minds, that he earnestly desired the success of the enterprise, but could not conscientiously aid it. The earl of Devonshire and Danby warmly adopted the project. Danby gained over the bishop of London, and through him six of the bishops whose trial had just been brought to a ter- mination. Kirke, a striking example here of the facility with which good and evil are forgotten in agitated times — Kirke, who had been named among the patriots, since the insolent reply he gave to James, when this monarch endea- voured to convert him, en^a^ed himself in his own name, and in that of the troops under his command. Lord Churchill, the future Marlborough, adopted the same views. He had long been the favourite and almost the friend of James. Distinguished at court by a superiority of intellect and a luxury of life which placed him far in advance of the most brilliant nobles, he already exercised over the princess of Denmark that ascendancy which was afterwards to raise him to so high a fortune; the counterfeit birth of a prince of Wales having entirely separated the interests of the princess from those of the king her father, the young lord had abandoned the king in this rupture; he promised to side with the prince of Orange immediately upon his appearance, and to get the prince and princess of Denmark to do the same. Trelawny also gave his word to William's agents, and brought over with him the bishop of Bristol. Johnston, incessantly going and coming between Scotland and England, and England and Holland, himself conducted the whole correspondence of the conspirators. He would go to Holland, and inform the plotters there of the fresh accessions made in England and Scotland by their friends, and then return to encourage the latter by the recital of what was s 258 HISTORY OF THE COUNTER-REVOLUTION. [1688. doing in Holland to support them. The secret, although known to persons whose numbers were constantly increasing, was well kept, because in this kind of enterprise a secret is always preserved in proportion to the chances of success, and the government of James had become too feeble to attract any deserters. It was not until the month of August, that lord Russell, Sid- ney, Johnston, and the earl of Shrewsbury, quitted England, not to return to it, until accompanied by the prince of Orange. They were furnished with the letters of invitation which the prince had desired to have. A few weeks only had elapsed since the termination of the bishops' trial; the system of conciliation adopted by the high catholics had been so quickly comprehended by the nation, and had so em- boldened its contempt and resentment, that this system was no longer tenable, and it became necessary again to have re- course to violence; but they had no longer any troops on whom they could rely. After the trial of the bishops, the joy of the soldiers encamped on Hounslow Heath had not so soon subsided as that of the London populace, but had, on the con- trary, assumed a far more alarming character. The few pa- pist soldiers who served in these regiments all at once became objects of the abuse of the protestant soldiers, who had, on several occasions ill treated them. Toasts, threatening to the papists, had been vehemently applauded in the noisy festivals held in honour of protestant anniversaries. It had become necessary to break up the camp, to distribute the regiments as after the restoration, and to discharge a certain number of the more turbulent men, who became still more dangerous dis- seminated among the people, at a time when the people needed nothing to put them in motion but energetic encou- ragement. In the town of Portsmouth, which was looked upon by the high catholics as their bulwark, the disposition of the troops was manifested at the same time by the refusal of all the officers to obey an order given by the king. This regiment, commanded by the duke of Berwick, the king's natural son, had been chosen, as better affected than any other, for an essay at re-organization, which was to introduce five Irish catholics into each company. Several officers having refused to receive the Irish, the king cashiered them by a council of 1688.] DISAFFECTION OF THE FORCES. 259 war. All their brother officers immediately sent to resign their commissions. The king found himself obliged either to accept these resignations, or to renounce the enrolment of the Irish soldiers: he had the weakness to regard the latter alternative as that dictated by prudence; and yet it was one of his favourite maxims, that the soldier who hesitates is in a state of mutiny. Things were carried yet further on board the fleet of eighty men of war which had been assembled by the king on infor- mation of the warlike preparations which were going on in the month of July, in the ports of Holland. A papist, admiral Strickland, having received the command of this fleet, had taken priests on board with him. These priests one day pre- paring to celebrate mass on board his vessel, the sailors broke out into threats and murmurs, which passing from vessel to vessel, gave reason to fear a general insurrection of the fleet. The king himself hearing of the affair, hastened to the spot, but order was only established by the dismissal of the catholic priests. The marine forces were far more decided than the soldiers in their hatred to the government of the Jesuits; they had continually before their eyes the spectacle of the superior condition of their rivals, the French navy; they saw them- selves condemned, not only to abstain from undertaking any- thing for the glory of their country against Louis XIV., the enemy of the liberty of nations and of the protestant religion, but, for the greater part of their time, to lend their aid to that king against a man who for twenty years had given to Holland that part in the European drama, which the reign of Elizabeth and the administration of Cromwell seemed to have for ever assigned to Great Britain. Thus the feeling of the English mariners was not only disaffection to the government of James, but an evident sympathy with the character and actions of that William whom they regarded as the chief of protestant Europe; and these were the first adversaries whom James would oppose to his son-in-law, if he undertook to cross the sea to dispute with him the right to the crown. The prince of Orange had proceeded without awaiting the return of lord Russell and the other English lords. As he had received exact information, during their stay in England, of the progress of their measures, and knew that the inclina- tions of the nation, of the fleet, and of the arnry, gave him a s2 260 HISTORY OF THE COUNTER-REVOLUTION. [1688. sufficiently clear invitation, he thought himself in a position to announce to doctor Burnet, in the month of July, that in October he would be in England, with an army of fifteen thousand men. The petition of the English lords was then not required at this period to decide the enterprise, but as an authority for it in the eyes of those who, seeing the arrival of the prince, might demand by what right a stranger pre- sented himself to defend English liberty. This important document, attributed more peculiarly to the earl of Danby and doctor Burnet, was drawn up with a perfect appreciation of all the interests and all the opinions which were to be con- ciliated and brought over to one sole and only mode of en- franchisement: it enumerated the long list of the grievances of England against James since the seizure of the charters, which were attributed to his influence when duke of York, down to the substitution of a prince of Wales, the latest out- rage of the catholic faction against the country. All the cir- cumstances of the pretended pregnancy and accouchement were set forth and observed upon in such a manner, as to communicate to the public that conviction, upon this matter, which it was important that the prince of Orange should ap- pear to have acted upon. The document was secretly sanc- tioned and adopted by men whom no one would have expected, some years before, to have seen combined, in a step of this kind; those who had been the most violent in the last royalist reaction, and those who had conspired with the illustrious patriots, Russell and Sidney; those who more recently had aided the duke of Monmouth, and those who had fought against him; but time, the force of circumstances, and the march of interests triumphed thus over the finality which all parties, at one time or other, so foolishly set up. Dating from the month of July, William was fixedly decided on invading his father-in-law's states. The principal condition of success, the good will of England, was secure; but it was necessary to collect sufficient forces? in order that they might have nothing to fear from fortune, in the event of any portion of James's fleet or army remaining faithful to him, and of the king's seeking to determine all in one action; it was necessary to obtain the assistance of the Dutch republic, and to interest throughout Europe, in the success of the enter- prise, sufficient powers to prevent Holland, in undertaking 1688.] LOFTY POSITION OF LOUIS XIV. 261 an expedition so daring, and depriving herself of part of her troops to carry it out, from having anything to fear from Louis XIV. Louis XIY. was interested in maintaining on the throne of England a king who answered for the neutrality of this nation, a fettered yet ever menacing rival. It was to the abasement of England, under a government engaged in a struggle against its sentiments, its wants, and its progress, that Louis XIV. in a great measure owed it that he had not been interrupted in his successes. Born to be at the head of that great French movement, to which, for twenty years, the interests of all Europe had been subordinate, those of continental Europe by war, those of England by the reign of the Stuarts, Louis XIV. had still need for the Stuarts to reign; and this was the secret of his friendship for them. Ten years had elapsed since the peace of Nyme- gen; he had employed them in completing, by forced inter- pretations of that peace, obtained from the exhaustion of Europe and the mercenary compliances of Charles II., the territorial position of France, in raising all things in the interior of his kingdom to the level of his powerful external situation. During these ten years he had, without firing a single shot, annexed to France, Strasburg, the duchy of Deux- Ponts, the petty seigneuries dependent on the Palatinate, and on the electorate of Treves, the principality of Orange, the county of Avignon, the towns of Casal, Alost, Courtray, Dixmude, &c. During this time he had built Rochefort, Brest, and Toulon; had formed his powerful marine, burnt Algiers, put to ransom Tripoli and Tunis, humbled Genoese liber ty, saved that of Venice menaced by the Turks, established the French settlements in India, drawn to Versailles the ambas- sadors of the kings of several barbarous nations, and finally, covered France with establishments, which at once proved extreme prosperity and extreme slavery. Europe, during the same time, had been so divided in her interests, or so weakened, as to be unable to attempt anything against this nation, aggrandized, by her submission to a despotism which gave unity to its long scattered forces. But Spain w r as in continual alarm for her possessions in the Netherlands; the empire had to demand satisfaction for a multitude of petty usurpations; Holland and all the protestant states of Ger- 262 HISTORY OF THE COUNTER-REVOLUTION. [1688. many, believed themselves threatened by the revocation of the edict of Nantes; pope Innocent XL, insulted, even in Rome, had excommunicated the French ambassador; the English detested Louis XIV. in that Jesuit government which he upheld, despite the contempt of all Europe. No- thing was wanting to spring the mine of such infinite dis- contents against France but an occasion; this presented itself; and, in the European commotion, the vastest that ever took place, the revolution, so desired by the English, was merely a necessary episode. Whilst William was planning the means of keeping secret from Louis XIY. the preparations for his expedition, the elector of Cologne, Ferdinand of Bavaria, the faithful ally of the Dutch republic, died. The position of Cologne, which commands twenty leagues of the course of the Rhine, and which borders on the east a part of the Dutch frontier, ren- dered the alliance of the elector who should succeed Ferdi- nand, of great importance to the Dutch republic; on his part, it was the interest of Louis XIV. that this successor should be favourable to him; he supported a certain cardinal de Furstemburg, against whom, accordingly, the princes of the protestant states along the Rhine, the empire, and the court of Rome, immediately declared. The latter, already engaged in a quarrel with the court of France as to the liberties of the Gallican church, and the insults which had been offered it at the very gates of the Vatican, openly proclaimed against cardinal Furstemburg; a long contest arose. Louis XIV. threatening to instal his cardinal, in spite of Rome and in spite of the empire, the prince of Orange had at once a pretext for making warlike preparations, a ground for summoning the enemies of French influence to a general coalition, and, finally, the cer- tainty of being able to occupy Louis XIV. upon the Rhine in such a manner that he could not interfere with Ins designs upon England. An opportunity, which alone had been wanting to the plans long meditated by William, once found, everything aided their execution with an astonishing rapidity. In a few weeks the famous league of Augsburg united against France, Austria, Holland, Bavaria, Spain, Brandenberg, Saxony, Den- mark, Sweden, Savoy, and the Roman states; a formidable and singular coalition, in which the entire body of the protestant 1688.] COALITION AGAINST JAMES. 263 states were seen upholding the decision of the pope against cardinal Furstemburg, and the powers which had ever been the enemies of protestantism, Bavaria, Austria, and Spain, taking up arms against the king who had just revoked the edict of Nantes. England alone, compelled to inaction, took no part in this immense movement: and, accordingly, in the bosom of the European conspiracy against Louis XIV., it was fain to form one nearly as vast against James II. The states of Holland at first considered the military preparations already made by William as useful demonstrations in the affair of Cologne; but taking things in a higher point of view, they saw that the sacrifice of men and money, which the prince demanded of them for an expedition to England, would be the saving of the republic ; that England, once free, would imme- diately assume among the enemies of Louis XIV. the station appertaining to her power and her national enmity to France. The protestant states, whose interests were more peculiarly mixed up with those of Holland, adopted the same views, and promised to appropriate thirty thousand men, in the absence of William, for the defence of the Dutch territory. Most of the coalesced powers, on being successively put in possession of the secret, felt the necessity of securing the concurrence of the English nation, and saw that they would secure this by placing William at its head, and that such a man, at the head of such a nation, attacking in rear the power of Louis XIV., would soon change his haughty triumphs into humiliations. European policy was thus armed by William, without there being any personal animosity against James on the part of the princes who desired his fall. Things were already nearly in this state in the beginning of September, and the relations between the Anglican church, the aristocracy, and the prince, had attained the point described, without the slightest suspicion on the part of James of what was being prepared against him. Still apparently determined to convoke the parliament in November, he was pursuing those miserable, petty intrigues which he thought would give him a lower chamber opposed to the tests and favourable to the dispensing power, when the advice to take instant measures for resisting the impending invasion of the prince of Orange, was given him by Louis XIV. through Barillon. To this advice Barillon added, in his master's name, the offer of a 264 HISTORY OF THE COUNTER-REVOLUTION. [1688. body of fifteen thousand men who should land at Portsmouth, and a squadron which should watch the movements of the Dutch. James would not believe in the existence of the danger. It is said that he adopted the opinion of Sunderland, that a French army, unless it were large enough to meet every danger, would, by its presence alone, deprive the king of the hearts of his subjects. Such was the absurd confidence which James placed in the supposed affection of his subjects, after all that he had done to destroy it, that when Albeville came in all haste to inform him of what was passing in Holland, he received express orders to announce every- where that the preparations in Holland had no other object than the affair of Cologne; and James himself, in order not to counteract this ridiculous assertion, thought fit to abstain from any demonstration. Louis XIV., losing all hope of overcoming this obstinate incredulity, endeavoured to intimi- date the States, by signifying to them that between himself and the king of Great Britain there existed so close an alliance, that he should consider every attempt against the territory of that prince as an attempt upon his own crown. James, despite this public proceeding, persisted in the idea of keeping his subjects from the impression which their belief in the menaced invasion might produce in their minds. He contradicted Louis XIV. as to the alliance notified by this king to the States, and continued not only to speak, but to act as a man who enjoyed the most profound security. Already, however, the military preparations of the prince of Orange had so evidently England for their object, that the prince and the States themselves no longer took any pains to conceal the fact. The contingents promised by the pro- testant states covered the eastern frontier of Holland; ten thousand men, the best infantry of the republic, were en- camped at Nymegen, waiting but the order to advance towards the sea; a considerable number of transports were ready on the coasts of North Holland. Admiral Herbert, brother of the magistrate who had succeeded Jeffreys in the office of lord chief justice, was in this province, directing with as much activity as precision all the preparations for embarkation. Herbert, the most distinguished of British sailors at that period, had for several months abandoned the court of James. His lonç^ and blind devotion to that monarch rendered his 1688.] disputes of William's English advisers. 265 rupture with the catholics more striking ; and from that time, those who knew his ambition, and the proud and vindictive turn of his character, foresaw that he would not long remain an inactive malcontent. William destined him to command the invading fleet, a post in which his talents, and still more the influence of his name on the minds of the English mariners, rendered him invaluable. Seventy ships of war were ready at several points to convoy, under his command, the Dutch expedition. The transport ships were to carry, besides 15,000 soldiers and about 6000 horses, 30,000 muskets for an insur- rection of the English, if it were found necessary. Their purchase had been long completed, and nothing was wanting to commence the embarkation but the negotiation of a loan of four millions of florins, required by William from the States. Nearly all Europe knew this, yet James still refused to believe in any design of his son-in-law on the crown. But perhaps this apparent incredulity was, after all, but the calculation of cowardice; for without avowing his fears, James made his troops assume positions which had for their object the securing his flight to Portsmouth in case of necessity. Towards the end of September, the four millions of florins were lent to William, to the great astonishment of the French and English ambassadors, who had expected the interposition of protracted difficulties in the affair. The day of embarkation was then fixed for the oth or 6th of October. During the seven or eight days which preceded this com- mencement of the war, a fierce contest of interests and opinions took place among the English who were collected round William. We have already shown how many men, hitherto separated by the discords of the counter-revolution, had all at once agreed to come together to Holland to solicit the intervention of William. The majority of them, former mem- bers of the administration under Clarendon, under the Cabal, under Danby, under James himself during his influence as duke of York, and since he became king, up to the time when the catholics seized the helm of affairs, were malcontents of old or fresh date, resolved upon expelling the Jesuits. Long opposed to each other, they had no principles in common. That which supplied the place of these was that aristocratic interest which, at the aspect of popular scenes, too closely resembling those which began the revolution, had determined 266 HISTORY OF THE COUNTER-REVOLUTION. [1688. them to seek William, in order to oppose a protestant to the papists, and to the inferior classes a king. But besides the great lords who for six months had quitted England, there were at the Hague a considerable number of refugees — independents, who had been persecuted in the earlier years of the restoration; presbyterians, who had been persecuted in England under Clarendon, and in Scotland, from the restora- tion until the first decree of toleration; whigs, who had been so long victims of the re-action at Oxford; the surviving Eye House conspirators; and soldiers, escaped from the disasters of Argyle and Monmouth. Hitherto wandering about the German protestant states, these fugitives of so many different epochs had hastened to the Hague, hoping, by means of this expedition, to behold their country once more, and ready to co-operate in the enterprise. Their hatred to James II. was not, like that of the noble emigrants, founded upon the recent facts which had in England replaced the Anglican church in the first rank of resistance, and rendered the cause of the bishops dear to the people; its character was more extensive, but apart from the actual state of things. It was a protest against nearly all that had been done since the restoration. The difference between their views and those of the lords who had invited William broke out, when the prince desired to consult both the one and the other party as to the mani- festo which he should address to the English, on commencing the expedition. A form of declaration, based upon the views of the lords, — that is to say, which dwelt principally upon the abolition of the tests, the trial of the bishops, and the impo- sition of a prince of Wales, was supported by the nobles. Their adversaries advocated another declaration, drawn up by one Wildman, an old agitator of Cromwell's army, and they brought over to it several distinguished personages, amongst others, lord Mordaunt and the earl of Mansfield. Wildman first sketched out the theory of the English constitu- tion, and enumerated all the violations of that constitution; which, according to him, justified the insurrection about to be attempted. Now the greater number of these infractions belonged to the reign of Charles II. Wildman and his friends even maintained that they were more grave, more perilous, than those with which the reign of James was reproached; 1688.] EMBARKATION OF THE PRINCE OF ORANGE. 267 that the latter had merely assailed the supremacy of the Anglican church, whilst the former, in seizing upon the charters, in the laws against the press and the militia, in arbi- trary imprisonments, had overthrown the fundamental liberties of the nation. The dispute resolved itself into this — should they accept the reign of Charles II., or should they condemn this reign in common with that of James II. ? The system of abuse and violence which Wildman and his friends desired to have attacked in its whole, was so closely connected throughout, that the partisans of the first declaration were evidently dis- ingenuous in pretending that the natural separation of the two reigns was manifested by the facts; but they urged with success this important consideration, that, by a statement of grievances extending so far back they would alarm the dig- nified clergy and a great portion of the nobility, who had been participators in most of the tyrannical acts charged upon the reign of Charles II., and might thus, perhaps, drive them to a reconciliation with James. This argument carried the first declaration, but still with some modifications proposed by Wildnian's party, which referred to the principal abuses of the reign of Charles, but attributed them to the secret or declared influence of James, and thus made him alone the guilty person. The two refugee parties were not satisfied by this compromise as to the intention of each other. As always happens in such cases, they postponed a fuller expla- nation until the success of the common enterprise, and mean- time each hastened to secure an ally in the nation. Admiral Herbert put to sea in the first days of Octo- ber with a powerful division, which was to cover the assem- bling of the transport-ships and the embarkation of the troops. He was to advance far enough up the Channel to rally round him, if possible, the English squadrons which it was presumed James had sent to reconnoitre. The embarkation commenced on the 6th of October. It was nearly six months since the trial of the bishops had manifested the feeling of England. From the period of that affair, the action of James's government upon it had been well-nigh null; every chance of offending the people had been carefully avoided; the judges had received orders to act on their circuits with the greatest moderation, to diffuse everywhere new hopes, and to promise a parliament in November. But these last 268 HISTORY OF THE COUNTER-REVOLUTION. [1688. attempts at conciliation had been understood; the most afflict- ing reports reached the court from ever y quarter at once. The judges had been treated with such contempt, says an histo- rian, that the rules of decency were scarcely observed towards them, even while they were seated on the bench, and this at a time when the progress of an insurrectionary spirit among the soldiers and sailors was manifested by the tumultuous conduct which has been referred to. The great movement in European politics during August and September had been looked upon by the English as the signal of deliverance which they had expected for the last five years. The preparations of the prince of Orange were universally known at once by the medium of a conspiracy whose ramifications extended over all England, and by the efforts which the government had made to persuade her that the preparations of the prince of Orange did not alarm it. The high catholics were at last fain to shake off an apathy so cowardly or so ill-devised. Information, which it was no longer possible to doubt or to deny, made known the move- ments of admiral Herbert. The court sought to make it appear as though it were just enlightened upon a great error, hy declaring that it had been betrayed by the minister Sun- derland, whom it dismissed as having sold himself to the prince of Orange, a man who had kept the king in this state of fatal security. Such was not at all the case: Sunderland had faithfully served James and the catholics from the time he had possessed their confidence. In his endeavours to maintain himself in one of the most difficult of possible posi- tions, between a king whose imbecility excited his pity and a faction whose passions and expectations he in no degree shared, he had displayed an ability which would almost com- mand our respect, were it not that all this sagacity and pow r er of resources was employed to satisfy immense personal wants at the cost of the honour and liberty of his country. When Sunderland beheld the near approach of a catastrophe which he had foreseen, and knew that he could no longer prevent it, or maintain himself in the office which had ministered to his luxury and profusion, he accepted his disgrace as the best service that James could render him; he thought it would justify him in the eyes of a new master. After his departure, the court precipitately made a few 1688.] CONDUCT OF JAMES. 269 preparations which more resembled demonstrations than a plan of resistance. The fleet, commanded by lord Dartmouth, did not receive the decided orders which alone befitted such an emergency. It was superior in numbers to that of ad- miral Herbert, but it remained in a state of inaction, though there was no other field of battle for James than the sea, upon which William was about to unfurl his standard, with the attractive device, Je maintiendrai. By land, an army of thirty thousand men was quickly assembled. The regiments taken from the garrisons and encampments around London were ill-disposed; those from Scotland were somewhat more devoted. The Irish sent by lord Tyrconnel were full of enthusiasm for the cause of the king; and it was the same with all the catholic officers. Most of the protestant officers had given their secret adhesion to the agents of the prince of Orange. James, by his conduct and his presence, might have overawed their resolution, but he did not possess that warlike spirit which he had so frivolously displayed for the last three years at the camp of Hounslow. He gave the com- mand in chief to the earl of Feversham, and remained in London occupied — it seems hardly credible — in disputing about the grievances of the nation with his ministers, and in conferring with the Anglican bishops, in order to obtain their intercession for a reconciliation between himself and their church. The bishops were already, for the most part, engaged in the conspiracy. They accordingly offered peace, upon con- ditions which they thought would revolt the haughty spirit of James; but, to their great astonishment, there was no con- cession to which he was not willing to descend. He restored its charters to the city of London, promised to dissolve the ecclesiastical commission, to reinstate the authorities of Mag- dalen college; to convoke a free parliament as soon as calm should be established; he finally offered to give public proofs of the birth of the prince of Wales. At his request, the countess of Sunderland deposed that the queen had one day taken her hand to make her feel the child within her bosom, but she could not venture to affirm that she had really satis- fied herself as to the queen's condition. A washerwoman declared that she had found upon the queen's body linen cer- tain marks of an accouchement. Several ladies spoke of traces 270 HISTORY OF THE COUNTER-REVOLUTION. [1688. of milk which they had seen on her linen; and, finally, lady Wentworth took an oath that she had touched the queen and felt the child move, but she did not specify an exact period, any more than the other ladies had done, which gave much latitude to mental reservations. These unsatisfactory testi- monies, which were collected, printed and distributed with profusion, produced no effect upon public opinion. The same objections were insisted upon, as to the king's age and infir- mities, the weak state of the queen, the death of her four first children, her seven years' sterility, the ridiculous pilgrimage to Saint Winifred's, the offerings made to our Lady of Loretto, the pregnancy represented as miraculous during seven months, the time of conception, all at once put back a full month be- fore that previously assigned to the miracle, the confinement before the proper time, the removal of the princess of Den- mark, the situation of the bed in the chamber, the existence of the side door, the entire ignorance of the whole matter on the part of the so-called witnesses brought by the king into the chamber, the absence of the physicians, the impossibility of getting any one single person to testify to the fact of the queen's delivery, the only fact which could derive weight from such tardy evidence. The inquiry, though so public, had no better success than the restitution of the charters and the redress of various grievances; the people said, very naturally, that these repara- tions were the work of the prince of Orange. And in fact, at the end of twenty days, passed in mortal anxiety, the court, having heard that a furious tempest had obliged the Dutch expedition to return to port, and that the fleet of admiral Herbert had undergone considerable damage, all at once changed its attitude and language. James, thinking that he be- held divine aid in that which the people, saddened by the same intelligence, called a papist wind, withdrew his promises, and recalled all his concessions. The writs for a new parliament, which were ready for issuing, were suspended; he had published an act of amnesty for all the offences to which the affair of the tests had given rise; he revoked it. The high catholics, who had for a moment feared that James would abandon them, drew around him, filled with an ardour which returned to them with hope. As the season was already advanced, they thought that the prince of Orange would be forced to put off 1688.] JAMES REVERTS TO HIS TYRANNY. 271 his expedition until the spring, and upon this supposition, hastily concocted a new plan: to convoke a parliament, to carry the election by undisguised violence, to destroy the opposition of the upper chamber by creating an hundred and fifty peers, to bring over all the troops from Ireland, to de- mand money and twenty thousand men from Louis XIV.; such was the last counsel given to James by the Jesuits. It was in the unavoidable path, it was the fatality of the English counter-revolution, to attack at last that aristocracy by which its first progress had been supported. Between the throne and the religious democracy there was no longer any ecclesiastical peerage, but, in its stead, a vain phantom of liberty of conscience. Absolute power now thought it could no longer maintain itself, but by exciting wide ambition in the citizen class and among the gentry, by prostituting to them the temporal peerage. But the peerage, without the splendour of names, without fortune, without the species of sanctity attached to the rarity and antiquity of its privileges, would be nothing but the shame-bringing offspring of the common degradation of the prince and of the subjects. In- stead of that, so to speak, disinterested body, standing be- tween the nation and royalty, partaking of both, which had defended the national liberty against the Cabal ministry, and against the whig parliaments the prerogatives of the crown, the upper chamber would become the representative of an interest, foreign to the soil and rejected by England, the interest of the Jesuits. Charles IL, even in his most cruel extremities, had never recourse to such an expedient, de- structive of the constitution which permitted it. James had first offended the peerage by elevating to its honours the ignoble Jeffreys; and the suspicion of this last expedient, counselled by the Jesuits, rendered more service to the prince of Orange, than the tempest, in dispersing his vessels, had done him harm. But, even had the prince been obliged to defer his expedi- tion until the spring, the Jesuits would not have passed the winter in peace: the people were not disposed to wait so long; they had scorned the advances of the court, when it thought itself necessitated by the approach of the prince of Orange to make advances; finding it retract them with so much insolence at the news of a disaster, the extent of which 272 HISTORY OF THE COUNTER-REVOLUTION. [1688. it exaggerated, they themselves assumed the language of menace and commenced war. During the latter part of Oc- tober, frequent riots took place in London; the catholic chapels were pillaged and destroyed. The 5th of November, the anniversary of the gunpowder plot, witnessed the renewal of the disorderly scenes which had followed the acquittal of the bishops. They had no news of the prince of Orange; but despair or hope displayed themselves in equally formidable shapes, whether the papist wind made them fear new dangers, or the protestant wind restored to the expedition all its chances. At length, the court and the people learnt almost at the same time the second departure of the prince of Orange and his landing in Devonshire. He had left Holland the 11th November, yielding to an east wind which would either destroy his fleet, or carry it rapidly to the coast of Great Britain, and on the 15th entered Torbay, after having doubled the South Foreland without meeting one of James's vessels. The king having been unable to ascertain the exact point upon which William purposed landing, had directed his troops north and east, towards those places which he thought most threatened. The prince appearing in the w T est, it .was necessary to countermand the order, and to bring all the forces together on one central point; Salisbury plain was indicated as the rendezvous. Eight or ten days elapsed before the principal regiments had assembled there. The prince of Orange remained all this time at Exeter, confining himself to distributing in the neighbouring counties his mani- festo and the petition of the English lords. It w^as not expe- dient for him to display more activity; the few troops he had brought with him needed rest after a stormy passage, and could only be considered as the nucleus of an army which would be made up of James's own troops, if their feelings were really such as had been represented. It seemed, on the other hand, that James ought to have been the first at the rendezvous at Salisbury, there to receive the different troops as they arrived, and assure himself of their good will before the chiefs, whom he suspected to have been gained over by the prince, could meet and deliberate upon what they should do. The conduct of the prince and his principal adherents, was of a nature to show him that the question would be 1688.] ROYALIST DEFECTIONS. 273 wholly decided between two armies in the open field; the prince, and the English lords, the avowed leaders of the enterprise, carefully avoided any appeal to that considerable portion of the population who, once armed, would demand more than a revolution at court; they did not excite the people to insurrection; they knew the danger of admitting them into the quarrel; they considered that, for the interests of order, the soldiers whom James had armed in his own cause, were already enough; they only desired to draw these to their side, and not to raise others. This conduct of the Orange party had already a chilling effect upon the people in those places where he had anticipated some disturb- ances. They were astonished at not finding in his manifestos anything to inflame their passions, or hold out promises to their wants; they waited until the course of events should explain that which at present they did not comprehend; and the prince, a week after his landing, was still at Exeter, master of a territory, of limited extent indeed, but placed between two seas, and secure from any surprise. James, instead of profiting by this state of uncertainty, was forming interpretations of it at London with the high catholics. They saw, in the silence which William observed, a certain proof that the people of the western counties were a devoted to the government. The Londoners, on the other hand, not having seen either the Dutch or the prince of Orange, and being in the immediate presence of the catholic leaders, were in a great ferment. James wished to quell them before he went to Salisbury; he managed to get up a skirmish between some Irish detachments and the appren- tices and workmen who. were about to destroy the chapels and convents; and he gave way, with childish passion, to this street warfare, until the news arrived that desertions were beginning at Salisbury. He then left for the army, but only arrived in time to witness the desertion of lord Churchill, the duke of Grafton, and colonel Barkley. Lords Colchester and Cornbury, colonel Godfrey, the earl of Abingdon, captain Clarges, and a great many other officers, were already in the prince's camp. Still, from the same causes which kept back the people in the district occupied by the prince of Orange, the soldiers and subaltern officers were still unde- cided. The grounds of the prince's invasion did not appeal T 274 HISTORY OF THE COUNTER-REVOLUTION. [1688. so nearly as they desired to their interests. The deserters hardly numbered a thousand men. It was easy and advan- tageous to replace the chiefs who had quitted, by ambitious officers, taken from the inferior ranks. The cavalry was very superior in number and quality to that of the prince of Orange. The effective of the royal troops amounted to nearly thirty thousand men; the prince had at the utmost but fifteen thousand. If a battle had taken place at once, it would perhaps have proved fatal to an enterprise from which it was sought to exclude the people. The pupil of Turenne ought to have known the power of activity; a glance at the map would have shown him how easy it were to shut up the prince in Cornwall, and to deprive him of every commu- nication with the rest of England. But fearing to be ar- rested by his own generals and delivered to the prince, he returned to London. He had scarcely left the camp, when the earl of Feversham was obliged to order a retrograde movement; and in this movement whole regiments were led by their chiefs to the prince. The earl of Feversham had hardly quitted Salisbury, when the prince of Orange marched towards this city, joined in his way by the royalist troops who had left their standard. The retreat of the royal army was to him a victory. The result of the contest, so distinctly declined by James, now being quite clear, the large towns vied with each other in the prompti- tude of their adhesion to the enterprise; Bath, Oxford, Not- tingham, York, Berwick, Hull, and Bristol outstripped the others. The nobility were everywhere seen at the head of the movement. The citizens rallied to a cry which seemed in the midst of an insurrection to express merely a legal de- mand. This cry, A free parliament, was as unhesitatingly adopted by the people. It did not blindly hurry them inta unknown changes, but simply summoned them to fulfil in the elections a duty which they well understood. Owing to the judicious arrangements of the prince of Orange, which directed that the priests and other agents of the Jesuits should be sent out of the way quietly, the disorders which result even from the most legitimate vengeance were prevented. At London, on the contrary, the last efforts of James to defend his chapels and his priests aroused in the people the revolutionary pas- sions of 1640. Fathers Petre and Warner were the first to 1688.] THE KING TREATS WITH THE PRINCE. 275 be terrified: they fled from England. They were bold coun- sellors, and, to a certain extent, able, but not men of action; ever since the affair of the bishops they had lost all judgment, James, abandoned by the popish priests, and believing himself incapable of resistance, although he was still obeyed by the troops which the earl of Feversham had brought back to London, summoned all the protestant lords in London, and asked them whether they were still attached to him. They swore that they were; for although victorious without, they were, in London, at his discretion, had he any energy remain- ing. He appeared fully to accept their assurances, and began to play the pathetic; he solicited their counsel; he asked, in a broken voice, what he had done to his subjects that they should treat him thus; what the prince of Orange wanted, and what those who were with the prince wanted. " A free par- liament and the banishment of the papists," answered the lords. James replied that he also desired a free parliament, and that he would consent to banish the papists on certain conditions. " Well," said the lords, "if such are your views, doubtless they will satisfy the prince and his adherents; you must communicate them to the prince." James exhibited some reluctance to enter into an accommodation with William; it would be recognising in him a right to interfere in the affairs of the kingdom; but he was also obliged to acknow- ledge the success, if not the legitimacy, of the enterprise. Accordingly, a deputation, consisting of the marquis of Hali- fax, the earl of Nottingham, and lord Godolphin, was charged to wait upon William, and inform him that the king consented to convoke a free parliament, and would arrange with him all that might be deemed necessary to secure the freedom of the elections. This was exactly as if James had said that he de- sired to join the insurrection and to adopt the colours of revolt: whereupon, those around the prince suggested to the messengers, with an air of mockery, that beneath this question of the convocation of a free parliament, a question already settled, and therefore of pure form, there was another of a more difficult nature — namely, from whom the nation should hold the free parliament, from the prince of Orange, or from the king. The prince, however, replied as if he believed in the possi- bility of an arrangement. His conditions, from their modéra - T 2 276 HISTORY OF THE COUNTER-REVOLUTION. [1688. tion, seemed devised not to take advantage of the situation of James, which was then wholly desperate; for his second daughter and the prince of Denmark had abandoned him, and defection had become an ordinary and quite public jour- ney from London to the prince's quarters; the council had dispersed; and the queen had retired to France, taking with her the prince of Wales. All at once James abandoned the negotiation with the prince of Orange, and fled secretly in the company of a nobleman, whose servant he passed for. His destination was France, the last hope of the catholics; for if they were without courage, they were not without projects. Previous to his departure, James had given the earl of Feversham orders to disband the troops w 7 hich he still kept together in the environs of London. The order was partly executed, so that the town was all at once filled with soldiers without pay, whilst the people, on learning the flight of James, broke out in their usual reckless manner, eager to be revenged on the papists, and to manifest their joy at there being no government. The catholic chapels were entirely destroyed in a few hours; the convents were broken into; the people not finding there the Jesuits w r hom they sought, went after them into the houses of the papists, and even into the mansions of the ambassadors of the catholic powers. No blood was shed, because the Komish priests had fled several days before, but all that they had left behind them, books, orna- ments, and the objects of their worship, was seized and burnt. In this first tumult, Jeffreys was recognised in a street dis- guised as a sailor, and making towards the Thames, where a vessel awaited him. Pie would have fallen a victim to the popular fury had he not had the presence of mind to place himself under the protection of some of the calmer people, and to demand to be conducted to the Tower, where he would reveal things of the greatest importance. The people first beat him, and then dragged him before the lord mayor, that he might oblige him to speak. The lord mayor, seeing in this state, with torn clothes and face all bloody, a man whose name only the evening before made every one tremble, received such a shock that he died shortly after; Jeffreys, the disgrace of the bench and of the peerage, died also in the Tower from the excesses of w r ine in which he indulged, to calm his remorse and terror. The troops, who, until the departure of James, had kept the people in check, being now dispersed 1689.] RETURN OF THE KING. 277 and disbanded, the disorder was perhaps less great than if it had been opposed. Bnt all at once it was rumoured that the disbanded Irish intended to set fire to the city. A procla- mation, forged in the name of the prince of Orange, by an unknown hand, and thrown into the midst of the assemblies, created this alarming apprehension. The terror which it caused gave reason to fear the greatest calamities; some of the more furious of the populace already declared that the papists must be exterminated to prevent their plottings. jSTo one since the king's flight had as yet ventured to as- sume the authority. The lord mayor, a man of little energy, at last decided upon convoking at the Guildhall a meeting of the privy council, and of the other bishops and lords who were then in London. They agreed in this assembly that a deputation should be sent to intreat the prince of Orange to place himself at the head of the government until the convo- cation of a free parliament, and, pending his answer, they called out the city militia, and employed them to watch the dis- banded soldiers, and to protect the catholics from the people. Upon the invitation of the council, William advanced towards London, but stopped at Windsor. The people, already dis- satisfied with the measures taken by the council to restore order, were angry that the prince should keep them waiting, and perceived that his vicinity increased the strictness of the magistrates. The same coolness -which the peasants and poor country people had shown when they discovered that this new revolution was not for them, was now felt by the Lon- doners, and almost created an interest for the fugitive James» They believed the latter to have already left the kingdom several days, when a rumour came that he had been recognised in a little port in Kent, had been prevented from embark- ing, and was now on his way back to London. He imme- diately afterwards entered London, free to all appearance, and surrounded by his former guards, who had been sent to meet him by the council. The people received him w r ith acclamations, which however did not restore hope to him; they seemed rather to prove that another was already master in his stead, and was consequently already the object of popular distrust. This return was both for him and for the prince of Orange a kind of miscalculation; and he accord- ingly resolved to fly once more, on the first opportunity, an 278 HISTORY OF THE COUNTER-REVOLUTION. [1689. opportunity which the prince, who still feared his presence, was very ready to afford him. The prince of Orange first suggested to James to leave London, on the pretext that he was no longer safe there. James retired to Rochester, a town near the sea. The prince then entered London, but privately, so that the people, in default of the tumults, from which strict measures of police precluded them, might not even have a show to occupy and satisfy their curiosity. William, on arriving at St. James's palace, found seventy peers assembled. He presented to them his manifesto; invited them to arrange, without delay, the means of convoking a free parliament, and withdrew, without saying a word about James. The peers, imitating his reserve, drew up a resolution, in which they engaged themselves to William, as he had engaged himself to them by his manifesto, not to abandon the cause of the protestant religion and of the laws and liberties of England, " until they were so secured by a free parliament, that they should no longer have to fear falling again under the yoke of papacy and slavery." This engagement of the seventy lords, and the reception given by the common council to the prince, as the friend of the national liberty and religion, was nothing but the declaration of two assemblies without authority in favour of the enterprise of the prince of Orange. There still remained a very great constitutional difficulty; namely, who was to convoke the parliament, the prince or the king. The almost unanimous invocation of a free parliament had been judiciously employed against James, when the chances of the struggle might still have been in his favour, became against the victorious William an equally prudent reserva- tion. All those who, in England, comprehended the necessity of saving liberty by preserving royalty; that is to say, the aristocracy and the immense majority of the citizen class, desired, until the nation was duly represented, to consider William as the liberator and friend of the nation, but also as unconcerned, personally, in the dispute between England and her king. The legitimacy of the prince of Wales was not brought into question. Upon this point the conviction which had induced men to desire the intervention of William was laid aside, until they had come to a determination respecting James himself. 1689.] THE CONVENTION PARLIAMENT. 279 But meanwhile, James having fled a second time, the alleged vacancy of the throne, a fact which was afterwards matter of warm discussion, determined, as an extraordinary circumstance, the assembly of lords to offer the prince the provisional administration of the kingdom. William refused to receive the authority from the lords alone; he required that it should be offered him also by the common council, representing the city of London, and by the members of the two chambers of commons assembled under Charles IL, those who had last represented England at Oxford, and whose hatred to James, as shown in the bill of exclusion, was less likely to change than that of many of the recently acceding lords. The former members of the commons assembled with those of the common council, addressed to the prince an invitation similar to that which he had received from the lords. They added to it what the lords had omitted, their thanks- givings to the liberator of England. The day after the pre- sentation of this address, the lords and the gentlemen who represented the commons received William's reply. Having assembled them, he very briefly intimated to them " that he would issue the writs of election, as they desired; that he would employ, for the interest of the state, the power which they confided to him; that if the religion and liberties of the country w^ere, in fact, already indebted to him, he w r ould con- tinue to merit the affection of the country, by his attachment to these important interests." The elections immediately commenced throughout the kingdom. It was perhaps the first time they had been conducted with such freedom. Wil- liam thought that, in his position, he ought not in any way to influence them; and as none of the old parties were predo- minant, all interests and all opinions were freely represented. The two houses met on the 22nd of January, under the title of Convention, as had been the case with the parliament for the restoration. And now was renewed on a larger scale the struggle of interests, which had in Holland preceded William's embar- kation. The relation between the forces of the two parties, whom the drawing up of the manifesto had brought into con- test, was no longer the same. There was also some difference between the intentions with which they were animated, and 280 HISTORY OF THE COUNTER-REVOLUTION. [1689. those which the refugee representatives heretofore had manifested. The lords whose opinions prevailed in the com- pilation of the manifesto, were now associated with an aristo- cracy as hostile as themselves to popery, but more restrained than they, from a fear of weakening the monarchical principle in proceeding against James. Wildman and his friends had, on the other hand, rather spoken the language of the repub- lican party defeated at Oxford, than expressed the feelings of the middle classes, with whom they were now mixed up, and w r ho formed the new chamber. The new house of commons was neither republican, presbyterian, nor Anglican; it was the result of a twenty-eight years' progress, which the nation had made despite the Stuarts and the Jesuits, since the pres- byterian parliament which, in-order to overthrow the re- public, had so imprudently called in the restoration. Now the enlightened portion of the nation had learnt, during these twenty-eight years of severe trials, that royalty was necessary to a society divided into classes as is that of England; that the principle of legitimacy alone was bad, because it considered the national liberties as emanating from and revocable at its will; that it was desirable for the king for once to derive his right from the consent of the na- tion, in order that those who succeeded him might not revive the question of the nature of royal power, as had been the case with all the kings since James I., and thus expose the country to the danger of a revolution, on the one hand, or, on the other, to that of losing its laws, its religion, its enlight- enment, all which James II. judged incompatible with the duty of passive obedience and non-resistance. It was thus that the vast majority of the members of the new house of commons regarded the question; it was com- posed, indeed, of men who for a length of time, perhaps, had fought as royalists or republicans, but they had now left be- hind them abstract ideas, which are always dangerous, and frankly entering upon matters of fact, were all agreed in their views. Here ended the many exaggerations, which had been corrected or punished the one by the other. After a deliberation which lasted five hours, the two following de- clarations were voted by the commons: — " That king James the Second, having endeavoured to subvert the constitution of the kingdom, by breaking the original contract between king 1689.] QUESTION AS TO JAMES'S SUCCESSOR. 281 and people, and by the advice of Jesuits and other wicked persons, having violated the fundamental laws, and having withdrawn himself out of this kingdom, has abdicated the government, and the throne is thereby vacant." " That it has been found, by experience, inconsistent with the safety and welfare of this protestant kingdom to be governed by a popish prince." These two declarations were immediately sent up to the lords. They excited there a violent storm; but a calm fol- lowed, and they were discussed in detail. The first question debated w r as whether there was an original contract between the people and the king. After a discussion, in which the aristocratic terrors which had so long supported the tyranny of James, still manifested themselves, the question was carried by fifty-three to forty-six. The abdication and forfeiture of James, by the violation of the popular liberties and his flight from the kingdom, seemed naturally to follow from this first proposition, as the fact of the vacancy of the throne from the abdication of James; but a majority, an inconsiderable one indeed, decided that James could not abdicate the govern- ment; that he had only deserted the kingdom, and that thus the throne was not vacant. Those who had just admitted the doctrine of the original con- tract, had resumed their fears of weakening the purity of the monarchical principle, but this fear alone did not restrain them; a motive, which they did not allege, was this: before declaring that the throne was vacant, they wished to know who was to fill it. The vacancy or non-vacancy of the throne was the question between James and England; this was already decided in every person's mind ; but the question between the prince of Orange and the nation followed it so closely, and still presented such serious difficulties in the opinion of several members of the upper house, that to adjourn it, they asserted, contrary to all reason, the non-vacancy of the throne. Some among them wished to appoint a regent, others to pro- claim the princess Mary and send back the prince; others to give the crown to the prince only; the most general opinion, that of the house of commons, w^as to give it to the prince and princess together. They who desired a regency or the princess Mary, did not venture to discuss their views openly, but intrigued actively to insure their success. They 282 HISTORY OF THE COUNTER-REVOLUTION. [1689. contrived that there should be another conference between the two chambers on the question of the vacancy of the throne; and this conference, notwithstanding its apparent solemnity, served only to mask their intrigues and give them time. It had, however, some importance, because to the ill faith shown by the commissioners of the upper chamber, those of the lower house opposed a remarkable superiority of intel- lect and knowledge. But its inutility as to the question of the vacancy of the throne, was proved by the facility with which the commissioners of the upper chamber yielded to the arguments of their adversaries, when the prince of Orange, hitherto a silent spectator of this discussion, determined at last to show the light in which he regarded it. All had been astonished at the sort of contemptuous patience with which William awaited from the convention the reward of his services. Perhaps this man, who during his whole life had had but one passion, the liberty of his country, cared little for the demonstrations of patriotism of noblemen, whose names were for the most part immediately connected with some of the most disastrous epochs of the reigns of Charles and James. He saw perfectly well that several of them feared to have him for a master, and endea- voured to have the preference given to the princess his wife. He did not seek to conciliate them, well knowing that after all, the English could not do without him; but he thought it time to let them know his intentions, and accordingly summon- ing the leading men amongst those whom he knew opposed him, he told them, in his ordinary cold, dry, brief way: " You have seen that I have sought to intimidate or flatter no one. I hear talk of a regency; doubtless, a judicious plan, but do not think of it for me; I would not accept the dignity. There are some who propose to crown the princess; no one better appreciates than I do her virtues and her rights; but I must tell you that I am not a man to take orders from a cap, or to hold the crown by an apron-string. I will undertake nothing that is not left entirely to myself, and for my whole life. If others think differently, let them make up their minds at once. Royalty has little charm for me; and as soon as I shall find that I am no longer useful to the English nation, I know whither the affairs of Europe call me." This declaration concurred with that which doctor Burnet 1689.] THE CROWN OFFERED TO WILLIAM. 283 had obtained from the princess in Holland before the depar- ture of the expedition, to determine the course of the conven- tion, which had already declared the vacancy of the throne. The lords, in whose presence William had affected such disdain for royalty, saw that he was eager to settle the matter, and that he was not a man who would submit to the result he seemed to apprehend so little. They brought over the other opposing lords to the opinion already prevalent in the commons. The conference was completed, and the lords adopted the resolution of the commons as to the vacancy of the throne. All things had been long before prepared to secure the result of this declaration. The throne could not remain long vacant: the will of the English nation was that it should be filled, but on conditions which should guarantee the mainte- nance of all acquired, that is to say, all known liberties. Thus the first aim of the insurrection of 1640 was about to be accomplished. The passions which had compromised and outstepped that aim, ceased to exist on the day on which parliament, the conqueror of absolute power, had been over- thrown by a military dictator; and since that time the masses, quitting the revolutionary struggle, had not ceased to progress towards that reconcilement of interests which was to be mutually proclaimed, unless they chose to be eternally at war. This reconcilement had been sought in the restoration, but not found, because too much had been granted to royal power in re-establishing it. Twenty years of legal resistance, under Charles IL, had sometimes given reason to believe that men could with advantage struggle against these incon- veniences; five years of an abominable tyranny under James had destroyed this fallacy, and taught every one that they must again modify royalty. This could be done with pru- dence: the nearly equal misconduct of all parties, their com- mon faults, their excesses imitated by each other, forbade them to look back to the past, except to profit by the expe- rience afforded by futile attempts, abrupt reactions, in- justice punished, and finally, by the knowledge how long and difficult a work it is to perfect institutions. The convention rendered itself the oi'gan of this opinion of enlightened England; it offered the crown to William and Mary; but in order that royal power should undertake nothing against the 284 HISTORY OF THE COUNTER-REVOLUTION. [1689. national laws, liberties, and religion, it made this declaration of rights. "1. That the pretended power of suspending laws or execution of laws by regal authority, without consent of par- liament, is illegal. 2. That the pretended power of dis- pensing with laws, or the execution of laws, by regal autho- rity, as it hath been assumed and exercised of late, is illegal. 3. That the commission, for erecting the late Court of Com- missioners for Ecclesiastical Causes, and all other commis- sions and courts of the like nature, are illegal and pernicious. 4. That levying of money for or to the use of the crown, by pretence of prerogative, without grant of parliament, for longer time, or in any other manner than the same is or shall be granted, is illegal. 5. That it is the right of the subject to petition the king, and all commitments and prosecutions for such petitionings are illegal. 6. That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of parliament, is against law. 7. That the subjects which are protestants may have arms for their defence, suitable to their condition, and as allowed by law. 8. That elections of members of parlia- ment ought to be free. 9. That the freedom of speech and debates, or proceedings in parliament, ought not to be im- peached or questioned in any court or place out of parliament. 10. That excessive bail ought not to be required, nor exces- sive fines imposed, nor cruel or unusual punishments inflicted. 11. That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials of high treason, ought to be freeholders. 12. That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void. 13. And that for redress of all griev- ances, and for the amending, strengthening, and preserving of the laws, parliament ought to be held frequently; and they do claim, demand, and insist upon all and singular the pre- mises, as their undoubted rights and privileges; and no declarations, judgments, doings, or proceedings, to the preju- dice of the people in any of the said premises, ought in any- wise to be drawn hereafter into consequence or example." This new declaration of rights was less energetic than that of 1640; the latter had been made against royal power as a manifesto of war; passion and inexperience gave their 1689.] A NEW OATH OF ALLEGIANCE. 285 principles its republican turn. The new declaration ad- dressed to a power which men were about to establish, and which inspired them with confidence, was a simple warning given to it not to touch the liberties which the banished family had attacked. Immediately after voting this declaration, the two houses solemnly resolved that the prince and princess of Orange should be together named king and queen of England, and that the administration of government should rest with the king alone. A new form of oath was drawn up to replace the former oaths of allegiance and supremacy: it was in these terms: " I do sincerely promise and swear that I tvill be faithful, and bear true allegiance to their majesties king Wil- liam and queen Mary." The former oath was: " To the king, my just and lawful sovereign" The words just and laivjul were erased. The suppression was at once understood by the country. In it w^as comprehended the entire thought of the new revolution, as it was conceived by the majority of the two chambers. The minority which had opposed the doc- trine of the original contract, and which had dissented on the question of the vacancy of the throne, from a remnant of attachment to the Stuart family, adopted this suppression, but solely because they regarded James as alone possessing the right to this title oîjust and lawful sovereign. The ridi- culous distinction between the king de facto, and the king de jure, thus arose, and occasioned divisions which are beyond the purpose of this history. Thus terminated the English counter-revolution. The middle classes, in the interests of their property, commenced it, by preferring the military despotism of Cromwell to a reform which promised to the inferior classes a community of pro- perty. In the interest of order and repose, they continued it against the army when the death of Cromwell had replaced it in its condition as a republican party ; and then, to conquer the army, they recalled and placed above it the higher classes and royalty. The passion-led reaction, which called in the Stuarts, and courted them as ministers of ven- geance against the levellers, the republicans, the fanatics, and the old adherents of the protectorate, ended when these were no longer to be feared. The Stuarts were terrified when all around them grew tranquil. The Anglicans, after having 286 HISTORY OF THE COUNTER-REVOLUTION. [1689. sacrificed the presbyterians to them, still appeared dangerous ; the parliament, after having killed the regicides, still gave them umbrage. They could not forget that the Anglican protestants, in combating popery, and the parliament in opposing absolute power, had begun the revolution. Now among the principles proclaimed by the revolution, it was necessary to distinguish those for which it had undertaken to create facts, and those which were only the expression of facts older than itself. The nation had rejected the former, the second were those which Charles I. had refused to reco- gnise. In order to escape their father's fate, Charles II. and James II. resolved to be more daring than he, to destroy that which he had merely rejected. Yielding to the dictates of this insane project, they became reformers in their own way, and thus continued the state of warfare which the nation had wished to escape in recalling them. Resistance, provoked by that which they did to avoid it, augmented their alarm at every step, and impelled them onwards in their work of destruction until the discontent of the nation once more became anger. It was then necessary to oppose passion to passion, to return hate for hate; and it was especially James who urged arbitrary counsels and efforts, because in him the sense of danger was stronger, and because he detested liberty as the puritan visionaries had detested royal power. The light of reason which at times caused Charles to mourn over the inevitable descent, no longer shone over a throne, already utterly compromised, when James brought to it his passions and weak intellect. The double direction given to the go- vernment under Charles II. ceased, and it was the occult direction, defeated by the formidable imposture of Oates and restored by the Rye House plot, which for a while prevailed. The Jesuits were called in to destroy that which by a ridiculous abstraction of ideas they and a few obstinate absolutists per- sisted in calling the revolution, thirty years after the facile usurpation of Cromwell. They led James precisely by that in which Charles II. was wanting, the conscience. They made full use of their casuistical powder over a credulous mind, whose inclinations were all revengeful and bloodthirsty; they relieved him from the remorse w r hich they did not feel themselves. They spared neither fraud, nor violence, nor crime to insure success; nor were they deficient in ability: 1689.] conclusion. 287 they displayed it in the skilful combination of their intrigues and attempts. After having spread so general a terror, that no one dared attempt any other protest than what might pro- ceed from free elections, they governed without parliaments. They took from the towns their charters, from the corpora- tions their electoral privileges, in order that the impossibility of naming worthy representatives might induce them to re- nounce the desire of being represented. In order to mould future governments to the yoke, they invaded the public edu- cational establishments. To deprive the nation of the right of examination in matters of government, it only remained for them to extirpate from the kingdom that religion which had heretofore taught the people to judge their kings; they did not attack it in all its sects, but only in that which was predominant, and thus gained over the rest as allies. It was an astonishing spectacle, that extreme party in the counter-revo- lution calling to its aid, in the name of religious toleration, all that remained of the extreme revolutionists; but this alli- ance, solicited by a government which lived from day to day, could not last; it terminated with the intention manifested by the Jesuits of giving to the crown a successor brought up in catholic intolerance. Finally, when William offered himself to the nation as a liberator, the futility of all these enterprises became matter of contemptuous pity; the nation had never ceased to cherish its political liberties and its religious guarantees; they existed in things, in manners, in the affec- tions, at a time when they were nominally destroyed; while of that absolute power, that foreign religion, which had been introduced with such labour, nothing remained. James built a few chapels, had exhibited the catholic surplice to the people of London, had had the satisfaction of publicly attending mass; and whilst he crossed the sea, a fugitive, a free parlia- ment, as a lesson for the future, was inscribing in the records of England, this memorable vote — " James IL, king of Eng- land by violating, by the advice of Jesuits and other wicked persons, the fundamental laws, has abdicated the govern ment." A HISTORY OF THE EARLY PAET OF THE REIGN JAMES THE SECOND: WITH &n tutnrtfuctorg Chapter. RT. HON. CHARLES JAMES FOX. A HISTORY THE EARLY PART OF THE REIGN OF JAMES THE SECOND. INTRODUCTORY CHAPTER. Introductory observations — First period, from Henry VII. to the year 1588 — Second period, from 1588 to 1640 — Meeting of Parliament — Eedress of grievances — Strafford's attainder — The commencement of the civil war — Treaty from the Isle of Wight — The king's execution — Cromwell's power; his character — Indifference of the nation respecting forms of government — The restoration — Ministry of Clarendon and Southampton — Cabal — Dutch war — De Witt — The Prince of Orange — The Popish plot — The Habeas Corpus Act — The Exclusion Bill— Dissolution of Charles the Second's last parliament — His power; his tyranny in Scot- land ; in England — Exorbitant fines — Executions — Forfeitures of char- ters — Despotism established — Despondency of good men — Charles's death; his character — Reflections upon the probable consequences of his reign and death. In reading the history of every country, there are certain periods at which the mind naturally pauses to meditate upon, and consider them, with reference, not only to their imme- diate effects, but to their more remote consequences. After the wars of Marius and Sylla, and the incorporation, as it were, of all Italy with the city of Rome, we cannot but stop to consider the consequences likely to result from these important events; and in this instance we find them to be just such as might have been expected. u2 292 INTRODUCTORY CHAPTER. [1588- The reign of our Henry VII. affords a field of more doubtful speculation. Every one who takes a retrospective view of the wars of York and Lancaster, and attends to the regulations effected by the policy of that prince, must see they would necessarily lead to great and important changes in the government; but what the tendency of such changes would be, and much more, in what manner they would be produced, might be a question of great difficulty. It is now the gene- rally received opinion, and I think a probable opinion, that to the provisions of that reign we are to refer the origin, both of the unlimited power of the Tudors, and of the liberties wrested by our ancestors from the Stuarts; that tyranny was their immediate, and liberty their remote, consequence; but he must have great confidence in his own sagacity, who can satisfy himself that, unaided by the knowledge of subsequent events, he could, from a consideration of the causes, have foreseen the succession of effects so different. Another period, that affords ample scope for speculation of this kind, is that which is comprised between the years 1588 and 1640, a period of almost uninterrupted tranquillity and peace. The general improvement in all arts of civil life, and above all, the astonishing progress of literature, are the most striking among the general features of that period, and are in themselves causes sufficient to produce effects of the utmost importance. A country whose language was enriched by the works of Hooker, Raleigh, and Bacon, could not but experience a sensible change in its manners, and in its style of thinking; and even to speak the same language in which Spenser and Shakspere had written, seemed a sufficient plea to rescue the commons of England from the appella- tion of brutes, with which Henry VIII. had addressed them. Among the more particular effects of this general improve- ment, the most material and worthy to be considered appear to me to have been the frequency of debate in the house of commons, and the additional value that came to be set on a seat in that assembly. From these circumstances a sagacious observer may be led to expect the most important revolutions; and from the latter, he may be enabled to foresee that the house of commons will be the principal instrument in bringing them to pass. But in what manner will that house conduct itself? Will it con- 1640.] PROGRESS OF THE COMMONS. 293 tent itself with its regular share of legislative power, and with the influence which it cannot fail to possess, whenever it exerts itself upon the other branches of the legislative, and on the executive power? or will it boldly (perhaps rashly) pretend to a power commensurate with the natural rights of the representative of the people? If it should, will it not be obliged to support its claims by military force? and how long will such a force be under its control? how long before it follows the usual course of all armies, and ranges itself under a single master? If such a master should arise, will he establish an hereditary or an elective government? if the first, what will be gained but a change of dynasty? If the second, will not the military force, as it chose the first king or protector, (the name is of no importance,) choose in effect all his suc- cessors? Or will he fail, and shall we have a restoration, usually the most dangerous and worst of all revolutions? To some of these questions the answers may, from the experi- ence of past ages, be easy, but to many of them far other- wise. And he will read history with most profit who the most canvasses questions of this nature, especially if he can divest his mind, for the time, of the recollection of the event as it in fact succeeded. The next period, as it is that which immediately precedes the commencement of this history, requires a more detailed examination; nor is there any more fertile of matter, whether for reflection or speculation. Between the year 1640 and the death of Charles IL, we have the opportunity of con- templating the state in almost every variety of circumstance. Religious dispute, political contest in all its forms and de- grees, from the honest exertions of party and the corrupt in- trigues of faction, to violence and civil war; despotism, first in the" person of an usurper, and afterwards in that of an hereditary king; the most memorable and salutary improve- ments in the laws, the most abandoned administration of them; in fine, whatever can happen to a nation, whether of glorious or calamitous, makes a part of this astonishing and instructive picture. The commencement of this period is marked by exertions of the people, through their representatives in the house of commons, not only justifiable in their principle, but directed to the properest objects, and in a manner the most judicious» 294 INTRODUCTORY CHAPTER. [1640. Many of their leaders were greatly versed in ancient as well as modern learning, and were even enthusiastically attached to the great names of antiquity; but they never conceived the wild project of assimilating the government of England to that of Athens, of Sparta, or of Rome. They were content with applying to the English constitution, and to the English laws, the spirit of liberty which had animated and rendered illustrious the ancient republics. Their first object was to obtain redress of past grievances with a proper regard to the individuals who had suffered; the next, to prevent the re- currence of such grievances, by the abolition of tyrannical tribunals acting upon arbitrary maxims in criminal proceed- ings, and most improperly denominated courts of justice. They then proceeded to establish that fundamental principle of all free government, the preserving of the purse to the people and their representatives. And though there may be more difference of opinion upon their proposed regulations in regard to the militia, yet surely, when a contest was to be foreseen, they could not, consistently with prudence, leave the power of the sword altogether in the hands of an adverse party. The prosecution of Lord Strafford, or rather, the manner in which it was carried on, is less justifiable. He was doubt- less a great delinquent, and well deserved the severest punish- ment; but nothing short of a clearly proved case of self- defence can justify, or even excuse, a departure from the sacred rules of criminal justice. For it can rarely indeed happen, that the mischief to be apprehended from suffering any criminal, however guilty, to escape, can be equal to that resulting from the violation of those rules to which the inno- cent owe the security of all that is dear to them. If such cases have existed, they must have been in instances where trial has been wholly out of the question, as in that of Caesar, and other tyrants; but when a man is once in a situation to be tried, and his person in the power of his accusers and his judges, he can no longer be formidable in that degree which alone can justify (if anything can) the violation of the sub- stantial rules of criminal proceedings. At the breaking out of the civil war, so intemperately de- nominated a rebellion by lord Clarendon and other tory writers, the material question appears to me to be, whether or 1640.] COMMENCEMENT OF THE CIVIL WAR. 29o not sufficient attempts were made by the parliament and then- leaders, to avoid bringing affairs to such a decision? That, according to the general principles of morality, they had justice on their side, cannot fairly be doubted; but did they sufficiently attend to that great dictum of Tully, 1 in questions of civil dissension, wherein he declares his preference of even an unfair peace to the most just war? Did they sufficiently weigh the dangers that might ensue even from victory; dan- gers, in such eases, little less formidable to the cause of liberty than those which might follow a defeat? Did they consider that it is not peculiar to the followers of Pompey, and the civil wars of Rome, that the event to be looked for is, as the same Tully describes it, in case of defeat — proscription; in that of victory — servitude? Is the failure of the negotiation when the king was in the Isle of Wight to be imputed to the suspicions justly entertained of his sincerity? or to the ambi- tion of the parliamentary leaders? If the insincerity of the king was the real cause, ought not the mischief to be appre- hended from his insincerity, rather to have been guarded against by treaty, than alleged as a pretence for breaking off the negotiation? Sad, indeed, will be the condition of the world, if we are never to make peace with an adverse party whose sincerity we have reason to suspect. Even just grounds for such suspicions will but too often occur, and when such fail, the proneness of man to impute evil qualities as well as evil designs to his enemies, will suggest false ones. In the present case, the suspicion of insincerity was, it is true, so just, as to amount to a moral certainty. The example of the petition of right was a satisfactory proof that the king made no point of adhering to concessions which he considered as extorted from him; and if a philosophical historian, writing above a century after the time, can deem the pretended hard usage Charles met with as a sufficient excuse for his breaking his faith in the first instance, much more must that prince himself, with all his prejudices and notions of his divine right, have thought it justifiable to retract concessions, which to him, no doubt, appeared far more unreasonable than the petition of right, and which, with much more colour, he might consider as extorted. These considerations were pro- Jinquissimam paceni justissimo bello antefero. 296 INTRODUCTORY CHAPTER. [1640. bably the cause why the parliament so long delayed their determination of accepting the king's offer as a basis for treaty; but, unfortunately, they had delayed so long, that when at last they adopted it, they found themselves without power to carry it into execution. The army having now ceased to be the servants, had become the masters, of the parliament, and being entirely influenced by Cromwell, gave a commencement to what may, properly speaking, be called a new reign. The subsequent measures, therefore, the execu- tion of the king, as well as others, are not to be considered as acts of the parliament, but of Cromwell; and great and respectable as are the names of some who sat in the high court, they must be regarded, in this instance, rather as ministers of that usurper, than as acting from themselves. The execution of the king, though a far less violent mea- sure than that of lord Strafford, is an event of so singular a nature, that we cannot wonder that it should have excited more sensation than any other in the annals of England. This exemplary act of substantial justice, as it has been called by some, of enormous wickedness, by others, must be consi- dered in two points of view. First, was it not in itself just and necessary? Secondly, was the example of it likely to be salutary or pernicious? In regard to the first of these ques- tions, Mr. Hume, not perhaps intentionally, makes the best justification of it, by saying, that while Charles lived, the projected republic could never be secure. But to justify taking away the life of an individual, upon the principle of self-defence, the danger must be, not problematical and remote, but evident and immediate. The danger in this instance was not of such a nature; and the imprisonment, or even banishment, of Charles, might have given to the republic such a degree of security as any government ought to be con- tent with. It must be confessed, however, on the other side, that if the republican government had suffered the king to escape, it would have been an act of justice and generosity wholly unexampled; and to have granted him even his life, would have been one among the more rare efforts of virtue. The short interval between the déposai and death of princes is become proverbial; and though there may be some few examples on the other side, as far as life is concerned, I doubt whether a single instance can be found, where liberty has 1640.] INQUIRY INTO THE EXECUTION OF CHARLES I. 297 been granted to a deposed monarch. Among the modes of destroying persons in such a situation, there can be little doubt but that that adopted by Cromwell and his adherents is the least dishonourable. Edward II., Richard II., Henry VI., Edward V., had none of them long survived their déposai; but this was the first instance, in our history at least, where, of such an act, it could be truly said that it was not done in a corner. As to the second question, whether the advantage to be derived from the example was such as to justify an act of such violence, it appears to me to be a complete solution of it to observe, that with respect to England, (and I know not upon what ground we are to set examples for other nations, or, in other words, to take the criminal justice of the world into our hands,) it was wholly needless, and therefore unjusti- fiable, to set one for kings, at a time when it was intended the office of king should be abolished, and consequently, that no person should be in the situation to make it the rule of his conduct. Besides, the miseries attendant upon a deposed monarch seem to be sufficient to deter any prince, who thinks of consequences, from running the risk of being placed in such a situation; or, if death be the only evil that can deter him, the fate of former tyrants deposed by their subjects, would by no means encourage him to hope he could avoid even that catastrophe. As far as we can judge from the event, the example was certainly not very effectual, since both the sons of Charles, though having their father's fate before their eyes, yet feared not to violate the liberties of the people even more than he had attempted to do. If we consider this question of example in a more extended view, and look to the general effect produced upon the minds of men, it cannot be doubted but the opportunity thus given to Charles, to display his firmness and piety, has created more respect for his memory than it could otherwise have obtained. Respect and pity for the sufferer, on the one hand, and hatred to his enemies, on the other, soon produce favour and aversion to their respective causes ; and thus, even though it should be admitted (which is doubtful) that some advantage may have been gained to the cause of liberty by the terror of the ex- ample operating upon the minds of princes, such advantage is far outweighed by the zeal which admiration for virtue, 298 INTRODUCTORY CHAPTER. [1640. and pity for sufferings, the best passions of the human heart, have excited in favour of the royal cause. It has been thought dangerous to the morals of mankind, even in fiction and romance, to make us sympathize with characters whose general conduct is blameable; but how much greater must the effect be, when in real history our feelings are interested in favour of a monarch with whom, to say the least, his sub- jects were obliged to contend in arms for their liberty? After all, however, notwithstanding what the more reasonable part of mankind may think upon this question, it is much to be doubted whether this singular proceeding has not, as much as any other circumstance, served to raise the character of the English nation in the opinion of Europe in general. He who has read, and still more, he who has heard in conversa- tion, discussions upon this subject by foreigners, must have perceived, that, even in the minds of those who condemn the act, the impression made by it has been far more that of respect and admiration, than that of disgust and horror. The truth is, that the guilt of the action, that is to say, the taking away of the life of the king, is what most men in the place of Cromwell and his associates would have incurred; what there is of splendour and of magnanimity in it, I mean the publicity and' solemnity of the act, is what few would be capable of displaying. It is a degrading fact to human nature, that even the sending away of the duke of Gloucester was an instance of generosity almost unexampled in the his- tory of transactions of this nature. From the execution of the king to the death of Cromwell, the government was, with some variation of forms, in sub- stance monarchical and absolute, as a government established by a military force will almost invariably be, especially when the exertions of such a force are continued for any length of time. If to this general rule our own age, and a people whom their origin and near relation to us would almost warrant us to call our own nation, have afforded a splendid and perhaps a solitary exception, we must reflect, not only that a character of virtues so happily tempered by one another, and so wholly unalloyed with any vices, as that of Washington, is hardly to be found in the pages of history, but that even Washington himself might not have been able to act his most glorious of all parts without the existence of circumstances uncommonly 1640.] CHARACTER OF CROMWELL. 299 favourable, and almost peculiar to the country which was to be the theatre of it. Virtue like his depends not indeed upon time or place; but although in no country or time would he have degraded himself into a Pisistratus, or a Caesar, or a Cromwell, he might have shared the fate of a Cato, or a De Witt; or, like Ludlow and Sidney, have mourned in exile the lost liberties of his country. With the life of the protector almost immediately ended the government which he had established. The great talents of this extraordinary person had supported, during his life, a system condemned equally by reason and by prejudice; by reason, as wanting freedom; by prejudice, as an usurpation; and it must be confessed to be no mean testimony to his genius, that, notwithstanding the radical defects of such a system, the splendour of his character and exploits render the era of the protectorship one of the most brilliant in English history. It is true his conduct in foreign concerns is set off to advantage by a comparison of it with that of those who preceded, and who followed him, If he made a mistake in espousing the French interest instead of the Spanish, we should recollect that in examining this question we must divest our minds entirely of all the considerations which the subsequent relative state of those two empires suggest to us, before we can become impartial judges in it; and at any rate we must allow his reign, in regard to European concerns, to have been most glorious when contrasted with the pusilla- nimity of James I., with the levity of Charles I., and the mercenary meanness of the two last princes of the house of Stuart. Upon the whole, the character of Cromwell must ever stand high in the list of those who raised themselves to supreme power by the force of their genius; and among such, even in respect of moral virtue, it would be found to be one of the least exceptionable, if it had not been tainted with that most odious and degrading of all human vices, hypo- crisy. The short interval between Cromwell's death and the restoration exhibits the picture of a nation either so wearied with changes as not to feel, or so subdued by military power as not to dare to show, any care or even preference with regard to the form of their government. All was in the army; and that army, by such a concurrence of fortuitous 300 INTRODUCTORY CHAPTER. [1640- circumstances as history teaches us not to be surprised at, had fallen into the hands of a man, than whom a baser could not be found in its lowest ranks. Personal courage appears to have been Monk's only virtue; reserve and dissimulation made up the whole stock of his wisdom. But to this man did the nation look up, ready to receive from his orders the form of government he should choose to prescribe. There is reason to believe that, from the general bias of the presbyterians, as well as of the cavaliers, monarchy was the prevalent wish; but it is observable, that although the parliament was, con- trary to the principle upon which it was pretended to be called, composed of many avowed royalists, yet none dared to hint at the restoration of the king, till they had Monk's permission, or rather command, to receive and consider his letters. It is impossible, in reviewing the whole of this transaction, not to remark that a general who had gained his rank, reputation, and station, in the service of a republic, and of what he, as well as others, called, however falsely, the cause of liberty, made no scruple to lay the nation prostrate at the feet of a monarch, without a single provision in favour of that cause; and if the promise of indemnity may seem to argue that there was some attention, at least, paid to the safety of his associates in arms, his subsequent conduct gives reason to suppose that even this provision was owing to any other cause, rather than to a generous feeling of his breast. For he afterwards not only acquiesced in the insults so meanly put upon the illustrious corpse of Blake, under whose auspices and command he had performed the most creditable services of his life, but in the trial of Argyle, produced letters of friendship and confidence to take away the life of a nobleman, 1 the zeal and cordiality of whose co- operation with him, proved by such documents, was the chief ground of his execution; thus gratuitously surpassing in infamy those miserable wretches who, to save their own lives, are sometimes persuaded to impeach and swear away the lives of their accomplices. The reign of Charles II. forms one of the most singular as well as of the most important periods of history. It is the era of good laws and bad government.' The abolition of 1 Burnet. Baillie's Letters, ii. 431. 1660.] ADMINISTRATION OF CLARENDON. 301 the court of wards, the repeal of the writ De Heretico Com- burendo, the triennial parliament bill, the establishment of the rights of the house of commons in regard to impeachment, the expiration of the licence act, and above all, the glorious statute of Habeas Corpus, have therefore induced a modern writer of great eminence to fix the year 1679 as the period at which our constitution had arrived at its greatest theo- retical perfection; but he owns, in a short note upon the passage alluded to, that the times immediately following were times of great practical oppression. What a field for medi- tation does this short observation from such a man furnish! What reflections does it not suggest to a thinking mind upon the ineflicacy of human laws, and the imperfection of human constitutions! We are called from the contemplation of the progress of our constitution, and our attention fixed with the most minute accuracy to a particular point, when it is said to have risen to its utmost perfection. Here we are, then, at the best moment of the best constitution that ever human wisdom framed. What follows? A time of oppression and misery, not arising from external or accidental causes, such as war, pestilence, or famine, nor even from any such alteration of the laws as might be supposed to impair this boasted perfec- tion, but from a corrupt and wicked administration, which all the so much admired checks of the constitution were not able to prevent. How vain, then, how idle, how presump- tuous, is the opinion that laws can do everything! and how weak and pernicious the maxim founded upon it, that mea- sures, not men, are to be attended to. The first years of this reign, under the administration of Southampton and Clarendon, form by far the least excep- tionable part of it; and even in this period, the executions of Argyle and Vane, and the whole conduct of the government with respect to church matters, both in England and in Scot- land, were gross instances of tyranny. With respect to the execution of those who were accused of having been more im- mediately concerned in the king's death, that of Scrope, who had come in upon the proclamation, and of the military officers who had attended the trial, was a violation of every principle of law and justice. But the fate of the others, though highly dishonourable to Monk, whose whole power had arisen from his zeal in their service, and the favour and confidence with 302 INTRODUCTORY CHAPTER. [1640- which they had rewarded him, and not, perhaps, very credit- able to the nation, of which many had applauded, more had supported, and almost all had acquiesced in the act, is not certainly to be imputed as a crime to the king, or to those of his advisers who were of the cavalier party. The passion of revenge, though properly condemned both by philosophy and religion, yet when it is excited by injurious treatment of per- sons justly dear to us, is among the most excusable of human frailties; and if Charles, in his general conduct, had shown stronger feelings of gratitude for services performed to his father, his character, in the eyes of many, would be rather raised than lowered by this example of severity against the regicides. Clarendon is said to have been privy to the king's receiving money from Louis XIV.; but what proofs exist of this charge (for a heavy charge it is) I know not. South- ampton was one of the very few of the royalist party who preserved any just regard for the liberties of the people; and the disgust which a person possessed of such sentiments must unavoidably feel, is said to have determined him to quit the king's service, and to retire altogether from public affairs. "Whether he would have acted upon this determination, his death, which happened in the year 1667, prevents us now from ascertaining. After the fall of Clarendon, which soon followed, the king entered into that career of misgovernment, which, that he was able to pursue it to its end, is a disgrace to the history of our country. If anything can add to our disgust at the meanness with which he solicited a dependence upon Louis XIV., it is, the hypocritical pretence upon which he was continually pressing that monarch. After having passed a law, making it penal to affirm (what was true) that he was a papist, he pretended (which was certainly not true) to be a zealous and bigoted papist; and the uneasiness of his conscience at so long delaying a public avowal of his conversion, was more than once urged by him as an argument to increase the pension, and to accelerate the assistance, he was to receive from France. 1 In a later period of his reign, when his interest, as he thought, lay the other way, that he might at once continue to earn his wages, and yet put off a public conversion, he 1 Dalrymple's Memoirs, ii. 33, &c. 1670.] THE BUTCH WARS. 303 stated some scruples, contracted, no doubt, by his affection to the protestant churches, in relation to the popish mode of giving the sacrament, and pretended a wish that the pope might be induced by Louis to consider of some alterations in that respect, to enable him to reconcile himself to the Eoman church with a clear and pure conscience. 1 The ministry, known by the name of the Cabal, seems to have consisted of characters so unprincipled, as justly to de- serve the severity with which they have been treated by all writers who have mentioned them; but if it is probable that they were ready to betray their king as well as their country, it is certain that the king betrayed them, keeping from them the real state of his connexion with France, and from some of them, at least, the secret of what he was pleased to call his religion. Whether this concealment on his part arose from his habitual treachery, and from the incapacity which men of that character feel of being open and honest, even when they know it is their interest to be so, or from an apprehension that they might demand for themselves some share of the French money, which he was unwilling to give them, cannot now be determined. But to the want of genuine and reci- procal confidence between him and those ministers is to be attributed, in a great measure, the escape which the nation at that time experienced — an escape, however, which proved to be only a reprieve from that servitude to which they were afterwards reduced in the latter years of the reign. The first Dutch war had been undertaken against all maxims of policy as well as of justice; but the superior infamy of the second, aggravated by the disappointment of all the hopes en- tertained by good men from the triple alliance, and by the treacherous attempt at piracy with which it was commenced, seems to have effaced the impression of it, not only from the minds of men living at the time, but from most of the writers who have treated of this reign. The principle, however, of both, was the same, and arbitrary power at home was the object of both. The second Dutch war rendered the king's system and views so apparent to all who were not determined to shut their eyes against conviction, that it is difficult to conceive how persons, who had any real care or regard, either Dalrymples Memoirs, ii. S4. 304 INTRODUCTORY CHAPTER, [1672. for the liberty or honour of the country, could trust him after- wards. And yet even sir William Temple, who appears to have been one of the most honest, as well as of the most en- lightened, statesmen of his time, could not believe his treachery to be quite so deep as it was in fact, and seems occasionally to have hoped that he was in earnest in his professed intentions of following the wise and just system that was recommended to him. Great instances of credulity and blindness in wise men are often liable to the suspicion of being pretended, for the purpose of justifying the continuing in situations of power and employment longer than strict honour would allow. But to Temple's sincerity his subsequent conduct gives abundant testimony. When he had reason to think that his services could no longer be useful to his country, he withdrew wholly from public business, and resolutely adhered to the preference of philosophical retirement, which, in his circumstances, was just, in spite of every temptation which occurred to bring him back to the more active scene. The remainder of his life he seems to have employed in the most noble contemplations, and the most elegant amusements; every enjoyment heightened, no doubt, by reflecting on the honour- able part he had acted in public affairs, and without any re- gret on his own account (whatever he might feel for his country) at having been driven from them. Besides the important consequences produced by this second Dutch war in England, it gave birth to two great events in Holland; the one as favourable as the other was disastrous to the cause of general liberty. The catastrophe of De Witt, the wisest, best, and most truly patriotic minister that ever appeared upon the public stage, as it was an act of the most crying injustice and ingratitude, so, likewise, is it the most completely discouraging example that history affords to the lovers of liberty. If Aristides was banished, he was also recalled; if Dion was repaid for his services to the Syracusans by ingratitude, that ingratitude w^as more than once repented of; if Sidney and Russell died upon the scaffold, they had not the cruel mortification of falling by the hands of the people; ample justice was done to their memory, and the very sound of their names is stili^animating to every Englishman attached to their glorious cause. But with De Witt fell also his cause and his party; and although a name so respected by all who 1672.] THE PRINCE OF ORANGE. 305 revere virtue and wisdom, when employed in their noblest sphere, the political service of the public, must undoubtedly be doubly dear to his countrymen, yet I do not know that, even to this day, any public honours have been paid by them to his memory. On the other hand, the circumstances attending the first appearance of the prince of Orange in public affairs, were, in every respect, most fortunate for himself, for England, for Europe. Of an age to receive the strongest impressions, and of a character to render such impressions durable, he entered the world in a moment when the calamitous situation of the United Provinces could not but excite in every Dutchman the strongest detestation of the insolent ambition of Louis XIV., and the greatest contempt of an English government, which could so far mistake or betray the interests of the country as to lend itself to his projects. Accordingly, the circumstances attending his outset seem to have given a lasting bias to his character; and through the whole course of his life, the prevailing sentiments of his mind seem to have been those which he imbibed at this early period. These sentiments were most peculiarly adapted to the positions in w T hich this great man was destined to be placed. The light in which he viewed Louis rendered him the fittest champion of the independence of Europe; and in England, French influence and arbitrary power were in those times so intimately connected, that he who had not only seen with disapprobation, but had so sensibly felt the baneful effects of Charles's connexion with France, seemed educated, as it were, to be the defender of English liberty. This prince's struggles in defence of his country, his success in rescuing it from a situation to all appearance so desperate, and the consequent failure and mortification of Louis XIV., form a scene in history upon which the mind dwells with unceasing delight. One never can read Louis's famous decla- ration against the Hollanders, knowing the event which is to follow, without feeling the heart dilate with exultation, and a kind of triumphant contempt, which, though not quite con- sonant to the principles of pure philosophy, never fails to give the mind inexpressible satisfaction. Did the relation of such events form the sole, or even any considerable part of the historian's task, pleasant indeed would be his labours; but, though far less agreeable, it is not a less useful or necessary x 306 INTRODUCTORY CHAPTER. [1674. part of his business, to relate the triumphs of successful wickedness, and the oppression of truth, justice, and liberty. The interval from the separate peace between England and the United Provinces, to the peace of Nymegen, was chiefly employed by Charles in attempts to obtain money from France and other foreign powers, in which he was sometimes more, sometimes less successful; and in various false professions, promises, and other devices to deceive his parliament and his people, in which he uniformly failed. Though neither the nature and extent of his connexion with France, nor his design of introducing popery into England, were known at that time, as they now are, yet there were not wanting many indications of the king's disposition, and of the general tendency of his designs. Reasonable persons appre- hended that the supplies asked were intended to be used, not for the specious purpose of maintaining the balance of Europe, but for that of subduing the parliament and people who should give them; and the great antipathy of the bulk of the nation to popery caused many to be both more clear-sighted in discovering, and more resolute in resisting the designs of the court, than they would probably have shown themselves, if civil liberty alone had been concerned. When the minds of men were in the disposition which such a state of things was naturally calculated to produce, it is not to be wondered at that a ready, and, perhaps, a too facile belief should have been accorded to the rumour of a popish plot. But with the largest possible allowance for the just apprehensions which were entertained, and the consequent irritation of the country, it is wholly inconceivable how such a plot as that brought forward by Tongue and Oates could obtain any general belief. Nor can any stretch of candour make us admit it to be probable, that all who pretended a belief of it did seriously entertain it. On the other hand, it seems an absurdity, equal almost in degree to the belief of the plot itself, to suppose that it was a story fabricated by the earl of Shaftesbury, and the other leaders of the whig party; and it would be highly unjust, as well as uncharitable, not to admit, that the generality of those who were engaged in the prosecution of it were probably sincere in their belief of it, since it is unquestionable that at the time very many persons, whose political prej udices were of a quite different complexion, 1674.] THE POPISH PLOT OP 1678. 307 were tinder the same delusion. The unanimous votes of the two houses of parliament, and the names, as well as the number of those who pronounced lord Stafford to be guilty, seem to put this beyond a doubt. Dryden, writing soon after the time, says, in his Absalom and Achitophel, that the plot was " Bad in itself, but represented worse :" that " Some truth there was, but dash'd and brew'd with lies:" and that " Succeeding times did equal folly call, Believing nothing, or believing all." and Dryden will not, by those who are conversant in the history and works of that immortal writer, be suspected either of party prejudice in favour of Shaftesbury and the whigs, or of any view to prejudice the country against the duke of York's succession to the crown. The king repeatedly declared his belief of it. These declarations, if sincere, would have some weight; but if insincere, as may be reasonably sus- pected, they afford a still stronger testimony to prove that such belief was not exclusively a party opinion, since it can- not be supposed, that even the crooked politics of Charles could have led him to countenance fictions of his enemies, which were not adopted by his own party. Wherefore, if this question were to be decided upon the ground of authority, the reality of the plot would be admitted; and it must be confessed, that, with regard to facts remote, in respect either of time or place, wise men generally drffide in their own judgment, and defer to that of those who have had a nearer view of them. But there are cases where reason speaks so plainly as to make all argument drawn from authority of no avail, aud this is surely one of them. Not to mention cor- respondence by post on the subject of regicide, detailed com- missions from the pope, silver bullets, &e. &c, and other circumstances equally ridiculous, we need only advert to the part attributed to the Spanish government in this conspiracy, and to the alleged intention of murdering the king, to satisfy ourselves that it was a forgery. Kapin, w r ho argues the whole of this affair with a degree of weakness as well as disingenuity very unusual to him, seems at last to offer us a kind of compromise, and to be satis - x2 308 INTRODUCTORY CHAPTER. [1674- fied if we will admit that there was a design or project to introduce popery and arbitrary power, at the head of which were the king and his brother. Of this, I am as much con- vinced as he can be; but how does this justify the prosecu- tion and execution of those who suffered, since few, if any of them were in a situation to be trusted by the royal conspi- rators with their designs? When he says, therefore, that that is precisely what was understood by the conspiracy, he by no means justifies those who were the principal pro- secutors of the plot. The design to murder the king, he calls the appendage of the plot : a strange expression this, to describe the projected murder of a king; though not more strange than the notion itself when applied to a plot, the object of which was to render that very king absolute, and to introduce the religion which he most favoured. But it is to be observed, that though, in considering the bill of exclu- sion, the militia bill, and other legislative proceedings, the plot, as he defines it — that is to say, the design of intro- ducing popery and arbitrary power— -was the important point to be looked to; yet in courts of justice, and for juries and judges, that which he calls the appendage was, generally speaking, the sole consideration. Although, therefore, upon a review of this truly shocking transaction, we may be fairly justified in adopting the milder alternative, and in imputing to the greater part of those con- cerned in it, rather an extraordinary degree of blind credu- lity, than the deliberate wickedness of planning and assisting in the perpetration of legal murders; yet the proceedings on the popish plot must always be considered as an indelible dis- grace upon the English nation, in which king, parliament, judges, juries, witnesses, prosecutors, have all their re- spective, though certainly not equal, shares. Witnesses, of such a character as not to deserve credit in the most trifling cause, upon the most immaterial facts, gave evidence so in- credible, or, to speak more properly, so impossible to be true, that it ought not to have been believed if it had come from the mouth of Cato; and upon such evidence, from such witnesses, were innocent men condemned to death and exe- cuted. Prosecutors, whether attorneys and solicitors-general, or managers of impeachment, acted with the fury which in such circumstances might be expected; juries partook natu- rally enough of the national ferment; and judges, whose duty 1675.] HABEAS CORPUS ACT. 309 it was to guard them against such impressions, were scan- dalously active in confirming them in their prejudices and inflaming their passions. The king, who is supposed to have disbelieved the whole of the plot, never once exercised his glorious prerogative of mercy. It is said he dared not. His throne, perhaps his life, was at stake; and history does not furnish us with the example of any monarch with whom the lives of innocent or even meritorious subjects ever appeared to be of much weight, when put in balance against such con- siderations. The measures of the prevailing party in the house of com- mons, in these times, appear (with the exception of their dreadful proceedings in the business of the pretended plot, and of their violence towards those who petitioned and ad- dressed against parliament) to have been, in general, highly laudable and meritorious; and yet I am afraid it may be justly suspected that it was precisely to that part of their conduct which related to the plot, and which is most repre- hensible, that they were indebted for their power to make the noble, and, in some instances, successful struggles for liberty, which do so much honour to their memory. The danger to be apprehended from military force being always, in the view of wise men, the most urgent, they first voted the disbanding of the army, and the two houses passed a bill for that purpose, to which the king found himself obliged to consent. But to the bill which followed, for establishing the regular assembling of the militia, and for providing for their being in arms six weeks in the year, he opposed his royal negative; thus making his stand upon the same point on which his father had done; a circumstance, which, if events had taken a turn against him, would not have failed of being much noticed by historians. Civil securities for freedom came to be afterwards considered; and it is to be remarked, that to these times of heat and passion, and to one of those parliaments which so disgraced themselves and the nation by the countenance given to Oates and Bedloe, and by the per- secution of so many innocent victims, we are indebted for the Habeas Corpus act, the most important barrier against tyranny, and best framed protection for the liberty of indi- viduals, that has ever existed in any ancient or modern com- monwealth. But the inefficacy of mere laws in favour of the subjects, oli® INTRODUCTORY CHAPTER. [1679. in the case of the administration of them falling into the hands of persons hostile to the spirit in which they had been provided, had been so fatally evinced by the general history of England, ever since the grant of the Great Charter, and more especially by the transactions of the preceding reign, that the parliament justly deemed their work incomplete unless the duke of York were excluded from the succession to the crown. A bill, therefore, for the purpose of excluding that prince was prepared, and passed the house of commons; but being vigorously resisted by the court, by the church, and by the tories, was lost in the house of lords. The restrictions offered by the king to be put upon a popish suc- cessor are supposed to have been among the most powerful of those means to which he was indebted for his success. The dispute was no longer, whether or not the dangers resulting from James's succession were real, and such as ought to be guarded against by parliamentary provisions, but whether the exclusion or restrictions furnished the most safe and eligible mode of compassing the object which both sides pretended to have in view. The argument upon this state of the question is clearly, forcibly, and, I think, con- vincingly, stated by Rapin, who exposes very ably the ex- treme folly of trusting to measures, without consideration of the men who are to execute them. Even in Hume's state- ment of the question, whatever may have been his intention, the arguments in favour of the exclusion appear to me greatly to preponderate. Indeed it is not easy to conceive upon what principles even the tories could justify their sup- port of the restrictions. Many among them, no doubt, saw the provisions in the same light in which the whigs repre- sented them, as an expedient, admirably, indeed, adapted to the real object of upholding the present king's power, by the defeat of the exclusion, but never likely to take effect for their pretended purpose of controlling that of his successor, and supported them for that very reason. But such a prin- ciple of conduct was too fraudulent to be avowed; nor ought it, perhaps, in candour to be imputed to the majority of the party. To those who acted with good faith, and meant that the restrictions should really take place and be effectual, surely it ought to have occurred, (and to those who most prized the prerogatives of the crown it ought most forcibly to 1679.] POWERS OF THE CROWN. 311 have occurred,) that in consenting to curtail the powers of the crown, rather than to alter the succession, they were adopting the greater in order to avoid the lesser evil. The question of what are to be the powers of the crown, is surely of superior importance to that of who shall wear it? Those, at least, who consider the royal prerogative as vested in the king, not for his sake, but for that of his subjects, must consider the one of these questions as much above the other in dig- nity as the rights of the public are more valuable than those of an individual. In this view the prerogatives of the crown are, in substance and effect, the rights of the people; and these rights of the people were not to be sacrificed to the purpose of preserving the succession to the most favoured prince, much less to one who, on account of his religious per- suasion, was justly feared and suspected. In truth, the question between the exclusion and restrictions seems pecu- liarly calculated to ascertain the different views in which the different parties in this country have seen, and perhaps ever will see, the prerogatives of the crown. The whigs, who consider them as a trust for the people, — a doctrine which the tories themselves, when pushed in argument, will sometimes admit, — naturally think it their duty rather to change the manager of the trust than to impair the subject of it; while others, who consider them as the right or property of the king, will as naturally act as they would do in the case of any other property, and consent to the loss or annihilation of any part of it, for the purpose of preserving the remainder to him whom they style the rightful owner. If the people be the sovereign and the king the delegate, it is better to change the bailiff than to injure the farm; but if the king be the proprietor, it is better the farm should be impaired— nay, part of it destroyed — than that the whole should pass over to an usurper. The royal prerogative ought, according to the whigs, (not in the case of a popish successor only, but in all cases,) to be reduced to such powers as are in their exercise beneficial to the people; and of the benefit of these they will not rashly suffer the people to be deprived, whether the executive power be in the hands of an hereditary or of an elected king, of a regent, or of any other denomination of magistrate; while, on the other hand, they who consider prerogative with reference only to royalty, will, with equal 312 INTRODUCTORY CHAPTER. [1679. readiness, consent either to the extension or the suspension of its exercise, as the occasional interests of the prince may seem to require. The senseless plea of a divine and indefeasible right in James, which even the legislature was incompetent to set aside, though as inconsistent with the declarations of parliament in the statute book, and with the whole practice of the English constitution, as it is repugnant to nature and common sense, was yet warmly insisted upon by the high- church party. Such an argument, as might naturally be expected, operated rather to provoke the whigs to perse- verance than to dissuade them from their measure: it was, in their eyes, an additional merit belonging to the exclusion bill, that it strengthened, by one instance more, the authority of former statutes in reprobating a doctrine which seems to imply that man can have a property in his fellow-creatures. By far the best argument in favour of the restrictions, is the practical one that they could be obtained, and that the ex- clusion could not; but the value of this argument is chiefly proved by the event. The exclusionists had a fair prospect of success, and their plan being clearly the best, they were justified in pursuing it. The spirit of resistance which the king showed in the instance of the militia and the exclusion bills, seems to have been systematically confined to those cases where he sup- posed his power to be more immediately concerned. In the prosecution of the aged and innocent lord Stafford, he was so far from interfering in behalf of that nobleman, that many of those most in his confidence, and, as it is affirmed, the duchess of Portsmouth herself, openly favoured the prosecution. Even after the dissolution of his last parliament, w T hen he had so far subdued his enemies as to be no longer under any apprehen- sions from them, he did not think it worth while to save the life of Plunket, the popish archbishop of Armagh, of whose innocence no doubt could be entertained. But this is not to be wondered at, since, in all transactions relative to the popish plot, minds of a very different cast from Charles's became, as by some fatality, divested of all their wonted sentiments of justice and humanity. Who can read without horror, the account of that savage murmur of applause, which broke out upon one of the villains at the bar, swearing positively to Stafford's having proposed the murder of the king? And 1679.] SIR WILLIAM TEMPLE'S ADVICE. 313 how is this horror deepened, when we reflect, that in that odious cry were probably mingled the voices of men to whose memory every lover of the English constitution is bound to pay the tribute of gratitude and respect! Even after con- demnation, lord Russell himself, whose character is wholly (this instance excepted) free from the stain of rancour or cruelty, stickled for the severer mode of executing the sentence, in a manner which his fear of the king's establishing a precedent of pardoning in cases of impeachment, (for this, no doubt, was his motive,) cannot satisfactorily excuse. In an early period of the king's difficulties, sir William Temple, whose life and character is a refutation of the vulgar notion that philosophy and practical good sense in business are incompatible attainments, recommended to him the plan of governing by a council, which was to consist in great part of the most popular noblemen and gentlemen in the kingdom. Such persons being the natural, as well as the safest, mediators between princes and discontented subjects, this seems to have been the best possible expedient. Hume says it was found too feeble a remedy; but he does not take notice that it was never in fact tried, inasmuch as not only the king's confidence was withheld from the most considerable members of the council, but even the most important determinations were taken without consulting the council itself. Nor can there be a doubt but the king's views, in adopting Temple's advice, were totally different from those of the adviser, whose only error in this transaction seems to have consisted in recom- mending a plan, wherein confidence and fair dealing were of necessity to be principal ingredients, to a prince whom he well knew to be incapable of either. Accordingly, having appointed the council in April, with a promise of being go- verned in important matters by their advice, he in July dis- solved one parliament without their concurrence, and in October forbade them even to give their opinions upon the propriety of a resolution which he had taken of proroguing another. From that time he probably considered the council to be, as it was, virtually dissolved; and it was not long before means presented themselves to him, better adapted, in his estimation, even to his immediate objects, and certainly more suitable to his general designs. The union between the court and the church party, which had been so closely ce- 314 INTRODUCTORY CHAPTER. [1679. merited by their successful resistance to the Exclusion Bill, and its authors, had at length acquired such a degree of strength and consistency, that the king ventured first to ap- point Oxford, instead of London, for the meeting of parlia- ment; and then, having secured to himself a good pension from France, to dissolve the parliament there met, with a full resolution never to call another; to which resolution, indeed, Louis had bound him, as one of the conditions on which he was to receive a stipend. 1 No measure was ever attended with more complete success. The most flattering addresses poured in from all parts of the kingdom; divine right, and indiscriminate obedience, were everywhere the favourite doctrines; and men seemed to vie with each other who should have the honour of the greatest share in the glorious work of slavery, by securing to the king, for the present, and after him to the duke, absolute and uncontrollable power. They who, either because Charles had been called a forgiving prince by his flatterers, (upon what ground I could never dis- cover,) or from some supposed connexion between indolence and good nature, had deceived themselves into a hope that his tyranny would be of the milder sort, found themselves much disappointed in their expectations. The whole history of the remaining part of his reign ex- hibits an uninterrupted series of attacks upon the liberty, property, and lives of his subjects. The character of the government appeared first, and with the most marked and prominent features, in Scotland. The condemnation of Argyle and Weir, the one for having subjoined an explanation when he took the test oath, the other for having kept company with a rebel, whom it was not proved he knew to be such, and who had never been proclaimed, resemble more the acts of Tiberius and Domitian, than those of even the most arbitrary modern governments. It is true, the sentences were not executed; Weir was reprieved; and whether or not Argyle, if he had not deemed it more prudent to escape by flight, would have experienced the same clemency, cannot now be ascertained. The terror of these examples would have been, in the judg- ment of most men, abundantly sufficient to teach the people of Scotland their duty, and to satisfy them that their lives, as Daliymple's Memoirs. 1679.] TYRANNY OF CHARLES IT. 315 well as everything else they had been used to call their own, were now completely in the power of their masters. But the government did not stop here, and having outlawed thousands, upon the same pretence upon which Weir had been condemned, inflicted capital punishment upon such criminals of both sexes as refused to answer, or answered otherwise than was pre- scribed to them to the most ensnaring questions. In England, the city of London seemed to hold out for a certain time, like a strong fortress in a conquered country; and, by means of this citadel, Shaftesbury and others were saved from the vengeance of the court. But this resistance, however honourable to the corporation who made it, could not be of long duration. The weapons of law and justice were found feeble, when opposed to the power of a monarch who was at the head of a numerous and bigoted party of the nation, and who, which was most material of all, had enabled himself to govern without a parliament. Civil resistance in this country, even to the most illegal attacks of royal tyranny, has never, I believe, been successful, unless when supported by parliament, or at least by a great party in one or other of the two houses. The court having wrested from the livery of London, partly by corruption, and partly by violence, the free election of their mayor and sheriffs, did not wait the ac- complishment of their plan for the destruction of the whole corporation, which, from their first success, they justly deemed certain, but immediately proceeded to put in execution their system of oppression. Pilkington, Colt, and Gates were fined a hundred thousand pounds each for having spoken disrespect- fully of the duke of York; Barnardiston, ten thousand, for having in a private letter expressed sentiments deemed im- proper; and Sidney, Russell, and Armstrong, found that the just and mild principles which characterise the criminal law of England could no longer protect their lives, when the sacri- fice was called for by the policy or vengeance of the king. To give an account of all the oppression of this period, would be to enumerate every arrest, every trial, every sentence, that took place in questions between the crown and the subjects. Of the Rye House plot it may be said, much more truly than of the popish, that there was in it some truth, mixed with much falsehood; and though many of the circumstances in Kealing's account are nearly as absurd and ridiculous as 316 INTRODUCTORY CHAPTER. [1683. those in Oates's, it seems probable that there was among some of those accused a notion of assassinating the king; but whether this notion was ever ripened into what may be called a design, and, much more, whether it were ever evinced by such an overt act as the law requires for conviction, is very doubtful. In regard to the conspirators of higher ranks, from whom all suspicion of participation in the intended assassina- tion has been long since done away, there is unquestionably reason to believe that they had often met and consulted, as well for the purpose of ascertaining the means they actually possessed as for that of devising others for delivering their country from the dreadful servitude into which it had fallen; and thus far their conduct appears clearly to have been laud- able. If they went further, and did anything which could be fairly construed into an actual conspiracy to levy war against the king, they acted, considering the disposition of the nation at that period, very indiscreetly. But whether their pro- ceedings had ever gone this length, is far from certain. Mon- mouth's communications with the king, when we reflect upon all the circumstances of those communications, deserve not the smallest attention ; nor indeed, if they did, does the letter which he afterwards withdrew, prove anything upon this point. And it is an outrage to common sense to call lord Grey's narrative, written, as he himself states in his letter to James IL, while the question of his pardon was pend- ing, an authentic account. That which is most certain in this affair is, that they had committed no overt act, indicating the imagining of the king's death, even according to the most strained construction of the statute of Edward III.; much less was any such act legally proved against them. And the conspiring to levy war was not treason, except by a recent statute of Charles II., the prosecutions upon which were expressly limited to a certain time, which in these cases had elapsed; so that it is impossible not to assent to the opinion of those who have ever stigmatized the con- demnation and execution of Russell as a most flagrant viola- tion of law and justice. The proceedings in Sidney's case were still more detestable. The production of papers, containing speculative opinions upon government and liberty, written long before, and per- haps never even intended to be published, together with the 1683.] TRIAL OF SIDNEY. 317 use made of those papers, in considering them as a substitute for the second witness to the overt act, exhibited such a compound of wickedness and nonsense as is hardly to be paralleled in the history of juridical tyranny. But the validity of pretences was little attended to at that time, in the case of a person whom the court had devoted to destruc- tion, and upon evidence such as has been stated was this great and excellent man condemned to die. Pardon was not to be expected. Mr. Hume says, that such an interference on the part of the king, though it might have been an act of heroic generosity, could not be regarded as an indispensable duty. He might have said, with more propriety, that it was idle to expect that the government, after having incurred so much guilt in order to obtain the sentence, should, by re- mitting it, relinquish the object just when it was within its grasp. The same historian considers the jury as highly blameable, and so do I; but what was their guilt in com- parison of that of the court who tried, and of the government who prosecuted, in this infamous cause? Yet the jury, being the only party that can with any colour be stated as acting independently of the government, is the only one mentioned by him as blameable. The prosecutor is wholly omitted in his censure, and so is the court; this last, not from any ten- derness for the judge, (who to do this author justice, is no favourite with him,) but lest the odious connexion between that branch of the judicature and the government should strike the reader too forcibly; for Jeffreys, in this instance, ought to be regarded as the mere tool and instrument, (a fit one, no doubt,) of the prince who had appointed him for the purpose of this and similar services. Lastly, the king is gravely introduced on the question of pardon, as if he had had no prior concern in the cause, and were now to decide upon the propriety of extending mercy to a criminal con- demned by a court of judicature; nor are we once reminded what that judicature was, by whom appointed, by whom in- fluenced, by whom called upon, to receive that detestable evidence, the very recollection of which, even at this distance of time, fires every honest heart with indignation. As well might we palliate the murders of Tiberius, who seldom put to death his victims without a previous decree of his senate. The moral of all this seems to be, that whenever a prince ! 318 INTRODUCTORY CHAPTER. [1683. can, by intimidation, corruption, illegal evidence, or other such means, obtain a verdict against a subject whom he dis- likes, he may cause him to be executed without any breach of indispensable duty; nay, that it is an act of heroic gene- rosity if he spares him. I never reflect on Mr. Hume's statement of this matter but with the deepest regret. Widely as I differ from him upon many other occasions, this appears to me to be the most reprehensible passage of his whole work. A spirit of adulation towards deceased princes, though in a good measure free from the imputation of interested mean- ness, which is justly attached to flattery when applied to living monarchs, yet, as it is less intelligible with respect to its motives than the other, so is it in its consequences still more pernicious to the general interests of mankind. Fear of censure from contemporaries will seldom have much effect upon men in situations of unlimited authority: they will too often flatter themselves that the same power which enables them to commit the crime, will secure them from reproach. The dread of posthumous infamy, therefore, being the only restraint, their consciences excepted, upon the passions of such persons, it is lamentable that this last defence (feeble enough at best) should in any degree be impaired; and im- paired it must be, if not totally destroyed, when tyrants can hope to find in a man like Hume, no less eminent for the in- tegrity and benevolence of his heart than for the depth and soundness of his understanding, an apologist for even their foulest murders. Thus fell Russell and Sidney, two names that will, it is hoped, be for ever dear to every English heart. When their memory shall cease to be an object of respect and veneration, it requires no spirit of prophecy to foretel that English liberty will be fast approaching to its final consummation. Their deportment was such as might be expected from men who knew themselves to be suffering, not for their crimes, but for their virtues. In courage they were equal, but the fortitude of Russell, who was connected with the world by private and domestic ties, which Sidney had not, was put to the severer trial; and the story of the last days of this excel- lent man's life fills the mind with such a mixture of tender- ness and admiration, that I know not any scene in history that more powerfully excites our sympathy, or goes more directly to the heart. 1683.] OXFORD DECREE. 319 The very day on which Russell was executed, the Univer- sity of Oxford passed their famous decree, condemning formally, as impious and heretical propositions, every prin- ciple upon which the constitution of this or any other free country can maintain itself. Nor was this learned body satisfied with stigmatizing such principles as contrary to the Holy Scriptures, to the decrees of councils, to the writings of the fathers, to the faith and profession of the primitive church, as destructive of the kingly government, the safety of his majesty's person, the public peace, the laws of nature, and bounds of human society; but after enumerating the several obnoxious propositions, among which was one declaring all civil authority derived from the people; another, asserting a mutual contract, tacit or express, between the king and his subjects; a third, maintaining the lawfulness of changing the succession to the crown; with many others of a like nature, they solemnly decreed all and every of those propositions to be not only false and seditious, but impious, and that the books which contained them were fitted to lead to rebellion, murder of princes, and atheism itself. Such are the absurdi- ties which men are not ashamed to utter in order to cast odious imputations upon their adversaries; and such the manner in which churchmen will abuse, when it suits their policy, the holy name of that religion whose first precept is to love one another, for the purpose of teaching us to hate our neighbours with more than ordinary rancour. If " Much Ado about Nothing" had been published in those days, the town-clerk's declaration, that receiving a thousand ducats for accusing the Lady Hero wrongfully, was flat burglary, might be supposed to be a satire upon this decree; yet Shakspere, well as he knew human nature, not only as to its general course, but in all its eccentric deviations, could never dream that, in the persons of Dogberry, Verges, and their followers, he was representing the vice-chancellors and doctors of our learned university. Among the oppressions of this period, most of which were attended with consequences so much more important to the several objects of persecution, it may seem scarcely worth while to notice the expulsion of John Locke from Christ Church College, Oxford. But besides the interest which every incident in the life of a person so deservedly eminent, 320 INTRODUCTORY CHAPTER. [1683. naturally excites, there appears to have been something in the transaction itself characteristic of the spirit of the times, as well as of the general nature of absolute power. Mr. Locke was known to have been intimately connected with lord Shaftesbury, and had very prudently judged it advisable for him to prolong for some time his residence upon the con- tinent, to which he had resorted originally on account of his health. A suspicion, as it has been since proved unfounded, that he was the author of a pamphlet which gave offence to the government, induced the king to insist upon his removal from his studentship at Christ Church. Sunderland writes, by the king's command, to Dr. Fell, bishop of Oxford and dean of Christ Church. The reverend prelate answers, that he has long had an eye upon Mr. Locke's behaviour; but though frequent attempts had been made (attempts of which the bishop expresses no disapprobation,) to draw him into im- prudent conversation, by attacking, in his company, the repu- tation and insulting the memory of his late patron and friend, and thus to make his gratitude and all the best feelings of his heart instrumental to his ruin, these attempts all proved unsuccessful. Hence the bishop infers, not the innocence of Mr. Locke, but that he was a great master of concealment, both as to words and looks; for looks, it is to be supposed, would have furnished a pretext for his expulsion, more decent than any which had yet been discovered. An expe- dient is then suggested to drive Mr. Locke to a dilemma, by summoning him to attend the college on the first of January ensuing. If he do not appear, he shall be expelled for con- tumacy; if he come, matter of charge may be found against him for what he shall have said at London or elsewhere, where he will have been less upon his guard than at Oxford. Some have ascribed Fell's hesitation, if it can be so called, in executing the king's order, to his unwillingness to injure Locke, who was his friend; others, with more reason, to the doubt of the legality of the order. However this may have been, neither his scruple nor his reluctance was regarded by a court who knew its own power. A peremptory order was accordingly sent, and immediate obedience ensued. Thus while, without the shadow of a crime, Mr. Locke lost a situa- tion attended with some emolument and great convenience, was the university deprived of, or rather thus, from the base 1683.] FORFEITURE OF CHARTERS. 321 principles of servility, did she cast away the man, the having produced whom is now her chiefest glory; and thus, to those who are not determined to be blind, did the true nature of absolute power discover itself, against which the middling station is not more secure than the most exalted. Tyranny, when glutted with the blood of the great, and the plunder of the rich, will condescend to hunt humbler game, and make a peaceable and innocent fellow of a college the object of its persecution. In this instance, one would almost imagine there was some instinctive sagacity in the government of that time, which pointed out to them, even before he had made himself known to the world, the man who was destined to be the most successful adversary of superstition and tyranny. The king, during the remainder of his reign, seems, with the exception of Armstrong's execution, which must be added to the catalogue of his murders, to have directed his attacks more against the civil rights, properties, and liberties, than against the lives of his subjects. Convictions against evidence, sentences against law, enormous fines, cruel imprisonments, were the principal engines 1 employed for the purpose of breaking the spirit of individuals, and fitting their necks for the yoke. But it was not thought fit to trust wholly to the effect which such examples would produce upon the public. That the subjugation of the people might be complete, and despotism be established upon the most solid foundation, measures of a more general nature and effect were adopted; and first, the charter of London, and then those of almost all the other corporations in England, were either forfeited or forced to a surrender. By this act of violence two important points were thought to be gained; one, that in every regular assemblage of the people, in any part of the kingdom, the crown would have a commanding influence; the other, that in case the king should find himself compelled to break his engagement to France, and to call a parliament, a great majority of members would be returned by electors of his nomination, and subject to his control. In the affair of the charter of London, it was seen, as in the case of ship-money, 1 The expedient of transporting men among common felons for political offences was not then invented, which is the more extraordinary, as it had begun in this reign to be in sGnie degree made use of in religious persecu- tions. y 322 INTRODUCTORY CHAPTER. [168o. how idle it is to look to the integrity of judges for a barrier against royal encroachments, when the courts of justice are not under the constant and vigilant control of parliament. And it is not to be wondered at, that, after such a warning, and with no hope of seeing a parliament assemble, even they who still retained their attachment to the true constitution of their country, should rather give way to the torrent, than make a fruitless and dangerous resistance. Charles being thus completely master, was determined that the relative situation of him and his subjects should be clearly understood, for which purpose he ordered a declaration to be framed, wherein, after having stated that he considered the degree of confidence they had reposed in him as an honour particular to his reign, which not one of his predecessors had ever dared even to hope for, he assured them he would use it with all possible moderation, and convince even the most violent republicans, that as the crown was the origin of the rights and liberties of the people, so was it their most certain and secure support. This gracious declaration was ready for the press at the time of the king's death, and if he had lived to issue it, there can be little doubt how it would have been received, at a time when nunquam libertas gratior extat Quani sub rege pio, was the theme of every song, and, by the help of some per- version of Scripture, the text of every sermon. But whatever might be the language of flatterers, and how loud soever the cry of a triumphant, but deluded party, there were not wanting men of nobler sentiments, and of more rational views. Minds once thoroughly imbued with the love of what Sidney, in his last moments, so emphatically called the good old cause, will not easily relinquish their principles: nor was the man- ner in which absolute power was exercised, such as to recon- cile to it, in practice, those who had always been averse to it in speculation. The hatred of tyranny must, in such per- sons, have been exasperated by the experience of its effects, and their attachment to liberty proportionably confirmed. To them the state of their country must have been intolerable : to reflect upon the efforts of their fathers, once their pride and glory, and whom they themselves had followed with no 1685.] INTENDED CHANGE OF MEASURES. 323 unequal steps, and to see the result of all in the scenes that now presented themselves, must have filled their minds with sensations of the deepest regret, and feelings bordering at least on despondency. To us, who have the opportunity of combining, in our view of this period, not only the preceding but subsequent transactions, the consideration of it may sug- gest reflections far different, and speculations more consola- tory. Indeed, I know not that history can furnish a more forcible lesson against despondency, than by recording, that within a short time from those dismal days in which men of the greatest constancy despaired, and had reason to do so, within five years from the death of Sidney, arose the brightest era of freedom known to the annals of our country. It is said that the king, when at the summit of his power, was far from happy; and a notion has been generally enter- tained, that not long before his death he had resolved upon the recal of Monmouth, and a correspondent change of sys- tem. That some such change was apprehended seems ex- tremely probable, from the earnest desire which the court of France, as well as the duke of York's party in England, en- tertained, in the last years of Charles's life, to remove the marquis of Halifax, who was supposed to have friendly dispo- sitions to Monmouth. Among the various objections to that nobleman's political principles, we find the charge most relied upon, for the purpose of injuring him in the mind of the king, was founded on the opinion he had delivered in council, in favour of modelling the charters of the British colonies in North America upon the principles of the rights and privi- leges of Englishmen. There was no room to doubt (he was accused of saying) that the same laws under which we live in England, should be established in a country composed of Englishmen. He even dilated upon this, and omitted none of the reasons by which it can be proved, that an absolute government is neither so happy nor so safe as that which is tempered by laws, and which limits the authority of the prince. He exaggerated, it was said, the mischiefs of a sove- reign power, and declared plainly, that he could not make up his mind to live under a king who should have it in his power to take, when he pleased, the money he might have in his pocket. All the other ministers had combated, as might be expected, sentiments so extraordinary; and without entering y2 324 INTRODUCTORY CHAPTER. [1685. into the general question of the comparative value of different forms of government, maintained that his majesty could and ought to govern countries so distant, in the manner that should appear to him most suitable for preserving or augment- ing the strength and riches of the mother country. It had been therefore resolved, that the government and council of the Provinces under the new charter should not be obliged to call assemblies of the colonists for the purpose of imposing taxes, or making other important regulations, but should do what they thought tit, without rendering any account of their actions, except to his Britannic majesty. The affair having been so decided with a concurrence only short of unanimity, was no longer considered as a matter of importance, nor would it be worth recording, if the duke of York and the French court had not fastened upon it, as affording the best evidence of the clanger to be apprehended from having a man of Hali- fax's principles in any situation of trust or power. There is something curious in discovering, that even at this early period a question relative to North American liberty, and even to North American taxation, was considered as the test of principles friendly, or adverse to arbitrary power at home But the truth is, that among the several controversies which have arisen, there is no other wherein the natural rights of man on the one hand, and the authority of artificial institution on the other, as applied respectively, by the whigs and tories, to the English constitution, are so fairly put in issue, nor by which the line of separation between the two parties is sa strongly and distinctly marked. There is some reason for believing that the court of Ver- sailles had either wholly discontinued, or at least had become very remiss in, thepayments of Charles's pension; and it is not unlikely that this consideration may have induced him either really to think of calling a, parliament, or at least to threaten Louis with such a measure, in order to make that prince more punctual in performing his part of their secret treaty. But whether or not any secret change was really intended, or if it were, to what extent, and to what objects directed, are points which cannot now be ascertained, no public steps having ever been taken in this affair, and his majesty's inten- tions, if in truth he had any such, becoming abortive by the sudden illness which seized him on the 1st of February, 1685, 1685.] CHARACTER OF CHARLES II. 325 and which, in a few days afterwards, put an end to his reign and life. His death was by many supposed to have been the effect of poison; but although there is reason to believe that this suspicion was harboured by persons very near to him, and among others, as I have heard, by the duchess of Portsmouth, it appears, upon the whole, to rest upon very slender founda- tions. 1 With respect to the character of this prince, upon the de- lineation of which so much pains have been employed, by the various writers who treat of the history of his time, it must be confessed that the facts which have been noticed in the foregoing pages furnish but too many illustrations of the more unfavourable parts of it. From these, we may collect, that his ambition was directed solely against his subjects, while he was completely indifferent concerning the figure which he or they might make in the general affairs of Europe; and that his de- sire of power was more unmixed with love of glory than that of any other man whom history has recorded; that he was un- principled, ungrateful, mean, and treacherous, to which may be added, vindictive, and remorseless. For Burnet, in refusing to him the praise of clemency and forgiveness, seems to be perfectly justifiable, nor is it conceivable upon what pretence his parti- sans have taken this ground of panegyric. I doubt whether a single instance can be produced, of his having spared the life of any one whom motives either of policy or of revenge prompted him to destroy. To allege that of Monmouth, as it would be an affront to human nature, so would it likewise im- ply the most severe of all satires against the monarch himself, and we may add too, an undeserved one. For in order to consider it as an act of meritorious forbearance on his part, that he did not follow the example of Constantine and Philip II., by imbruing his hands in the blood of his son, we must first suppose him to have been wholly void of every natural affection, which does not appear to have been the case. 1 Mr. Fox had this report from the family of his mother, great grand- daughter to the duchess of Portsmouth. The duchess of Portsmouth lived to a very advanced age, and retained her faculties to the period of her death, which happeued in 1734, at Aubigny. Mr. Fox's mother, when very young, saw her at that place ; and many of the Lenox family, with whom Mr. Fox was subsequently acquainted, had, no doubt, frequently conversed with her. — Ed. 326 INTRODUCTORY CHAPTER. [1685. His declaration, that he would have pardoned Essex, being made when that nobleman was dead, and not followed by any act evincing its sincerity, can surely obtain no credit from men of sense. If he had really had the intention, he ought not to have made such a declaration, unless he accompanied it with some mark of kindness to the relations, or with some act of mercy to the friends, of the deceased. Considering it .as a mere piece of hypocrisy, we cannot help looking upon it as one of the most odious passages of his life. This ill-timed boast of his intended mercy, and the brutal taunt with which he accompanied his mitigation (if so it may be called) of Russell's sentence, show his insensibility and hardness to have been such, that in questions where right feelings were con- cerned, his good sense, and even the good taste for which he has been so much extolled, seemed wholly to desert him. On the other hand, it would be want of candour to main- tain, that Charles was entirely destitute of good qualities; nor was the propriety of Burnet's comparison between him and Tiberius ever felt, I imagine, by any one but its author. He was gay and affable, and, if incapable of the sentiments be- longing to pride of a laudable sort, he was at least free from haughtiness and insolence. The praise of politeness, which the stoics are not perhaps wrong in classing among the moral virtues, provided they admit it to be one of the lowest order, has never been denied him, and he had in an eminent degree that facility of temper which, though considered by some moralists as nearly allied to vice, yet, inasmuch as it contributes greatly to the happiness of those around us, is in itself not only an engaging, but an estimable quality. His support of the queen during the heats raised by the popish plot, ought to be taken rather as a proof that he w r as not a monster, than to be ascribed to him as a merit; but his steadiness to his brother, though it may and ought, in a great measure, to be accounted for upon selfish principles, had at least a strong resemblance to virtue. The best part of this prince's character seems to have been his kindness towards his mistresses, and his affection for his children, and others nearly connected to him by the ties of blood. His recommendation of the duchess of Portsmouth and Mrs. Gwyn, upon his death-bed, to his successor, is much to his honour; and they who censure it, seem, in their 1685.] REFLECTIONS UPON HIS REIGN. 327 zeal to show themselves strict moralists, to have suffered their notions of vice and virtue to have fallen into strange confusion. Charles's connexion with those ladies might be vicious, but at a moment when that connexion was upon the point of being finally and irrevocably dissolved, to con- cern himself about their future welfare, and to recommend them to his brother with earnest tenderness, was virtue. It is not for the interest of morality that the good and evil actions, even of bad men, should be confounded. His affec- tion for the duke of Gloucester, and for the duchess of Orleans, seems to have been sincere and cordial. To attri- bute, as some have done, his grief for the loss of the first to political considerations, founded upon an intended balance of power between his two brothers, would be an absurd refine- ment, whatever were his general disposition; but when we reflect upon that carelessness which, especially in his youth, was a conspicuous feature of his character, the absurdity be- comes still more striking. And though Burnet more covertly, and Ludlow more openly, insinuate that his fondness for his sister was of a criminal nature, I never could find that there was any ground whatever for such a suspicion; nor does the little that remains of their epistolary correspondence give it the smallest countenance. Upon the whole, Charles II. was a bad man, and a bad king: let us not palliate his crimes, but neither let us adopt false or doubtful impu- tations, for the purpose of making him a monster. Whoever reviews the interesting period which we have been discussing, upon the principle recommended in the out- set of this chapter, will find that, from the consideration of the past, to prognosticate the future, would at the moment of Charles's demise, be no easy task. Between two persons, one of whom should expect that the country would remain sunk in slavery, the other, that the cause of freedom would revive and triumph, it would be difficult to decide, whose reasons were better supported, whose speculations the more probable. I should guess that he who desponded, had looked more at the state of the public, while he who was sanguine, had fixed his eyes more attentively upon the person who was about to mount the throne. Upon reviewing the two great parties of the nation, one observation occurs very forcibly, and that is, that the great strength of the whigfi consisted in 328 INTRODUCTORY CHAPTER. [1685. their being able to brand their adversaries as favourers of popery; that of the tories, (as far as their strength de- pended upon opinion, and not merely upon the power of the Crown,) in their finding colour to represent the whigs as republicans. From this observation we may draw a further inference, that, in proportion to the rashness of the crown, in avowing and pressing forward the cause of popery, and to the moderation and steadiness of the whigs, in adhering to the form of monarchy, would be the chance of the people of England, for changing an ignominious despotism, for glory, liberty, and happiness. 1685.] ACCESSION OF JAMES H. 329 CHAPTER II. Accession of James II. — His declaration in council; acceptable to the nation — Arbitrary designs of his reign — Former ministers continued — Money transactions with France — Revenue levied without authority of parliament — Persecution of dissenters — Character of Jeffreys — The king's affectation of independence — Advances to the prince of Orange — The primary object of this reign — Transactions in Scotland — Severe persecutions there — Scottish parliament — Cruelties of govern- ment — English parliament : its proceedings — Revenue — Votes con- cerning religion — Bill for preservation of the king's person — Solicitude for the church of England — Reversal of Stafford's attainder rejected — Parliament adjourned — Character of the tories — Situation of the whigs. Charles II. expired on the sixth of February 1684-5, and on the same day his successor was proclaimed king in London, with the usual formalities, by the title of James the Second. The great influence which this prince was sup- posed to have possessed in the government, during the latter years of his brother's reign, and the expectation which was entertained in consequence, that his measures, when monarch, would be of the same character and complexion with those which he was known to have highly approved, and of which he was thought by many to have been the principal author, when a subject, left little room for that spirit of speculation which generally attends a demise of the crown. And thus an event, which when apprehended a few years before had, according to a strong expression of sir William Temple, been looked upon as the end of the world, was now deemed to be of small comparative importance. Its tendency, indeed, was rather to insure perseverance than to effect any change in the system which had been of 330 HISTORY OF THE REIGN OF JAMES II. [1685c late years pursued. As there are, however, some steps indis- pensably necessary on the accession of a new prince to the throne, to these the public attention was directed, and though the character of James had been long so generally understood, as to leave little doubt respecting the political maxims and principles by which his reign would be governed, there was probably much curiosity, as upon such occasions there always is, with regard to the conduct he would pursue in matters of less importance, and to the general language and behaviour which he would adopt in his new situation. His first step was, of course, to assemble the privy council, to whom he spoke as follows: — " Before I enter upon any other business, I think fit to say something to you. Since it hath pleased Almighty God to place me in this station, and I am now to succeed so good and gracious a king, as well as so very kind a brother, I think it fit to declare to you, that I will endeavour to follow his example, and most especially in that of his great cle- mency and tenderness to his people. I have been reported to be a man for arbitrary power; but that is not the only story that has been made of me: and I shall make it my endeavour to preserve this government, both in church and state, as it is now by law established. I know the principles of the church of England are for monarchy, and the members of it have shown themselves good and loyal subjects; there- fore I shall alwa} r s take care to defend and support it. I know, too, that the laws of England are sufficient to make the king as great a monarch as I can wish; and as I shall never depart from the just rights and prerogatives of the crown, so I shall never invade any man's property. I have often heretofore ventured my life in defence of this nation; and I shall go as far as any man in preserving it in all its just rights and liberties." 1 With this declaration the council were so highly satisfied, that they supplicated his majesty to make it public, which was accordingly done; and it is reported to have been re- ceived with unbounded applause by the greater part of the nation. Some, perhaps, there were, who did not think the 1 Kennett, iii. 420. 1685.] TRIUMPH OF THE TORIES. 331 boast of having ventured his life very manly, and who, con- sidering the transactions of the last years of Charles's reign,, were not much encouraged by the promise of imitating that monarch in clemency and tenderness to his subjects. To these it might appear, that whatever there was of consolatory in the king's disclaimer of arbitrary power and professed attachment to the laws, was totally done away, as w^ell by the consideration of what his majesty's notions of power and law were, as by his declaration, that he would follow the example of a predecessor, whose government had not only been marked with the violation, in particular cases, of all the most sacred laws of the realm, but had latterly, by the disuse of par- liaments, in defiance of the statute of the sixteenth year of his reign, stood upon a foundation radically and fundamentally illegal. To others, it might occur, that even the promise to the church of England, though express with respect to the condition of it, which was no other than perfect acquiescence in what the king deemed to be the true principles of monarchy, was rather vague with regard to the nature or degree of support to which the royal speaker might conceive himself engaged. The words, although in any interpretation of them they conveyed more than he possibly ever intended to perform, did by no means express the sense which at that time, by his friends, and afterwards by his enemies, was endeavoured to be fixed on them. There was indeed a pro- mise to support the establishment of the church, and con- sequently the laws upon which that establishment imme- diately rested; but by no means an engagement to maintain all the collateral provisions which some of its more zealous members might judge necessary for its security. But whatever doubts or difficulties might be felt, few or none were expressed. The whigs, as a vanquished party, were either silent or not listened to, and the tories were in a temper of mind which does not easily admit suspicion. They were not more delighted with the victory they had obtained over their adversaries, than with the additional stability which, as they vainly imagined, the accession of the new monarch was likely to give to their system. The truth is that, his religion excepted, (and that objection they were sanguine enough to consider as done away by a few gracious words in favour of the church,) James was every way better 332 HISTORY OF THE REIGN OP JAMES II. [1685. suited to their purpose than his brother. They had enter- tained continual apprehensions, not perhaps wholly unfounded, of the late king's returning kindness to Monmouth, the con- sequences of which could not easily be calculated; whereas, every occurrence that had happened, as well as every circum- stance in James's situation, seemed to make him utterly irre- concileable with the whigs. Besides, after the reproach, as well as alarm, which the notoriety of Charles's treacherous character must so often have caused them, the very circum- stance of having at their head a prince, of whom they could with any colour hold out to their adherents that his word was to be depended upon, was in itself a matter of triumph and exultation. Accordingly the watchword of the party was everywhere, We have the word of a king, and a word never yet broken ; and to such a length was the spirit of adulation, or perhaps the delusion, carried, that this royal declaration was said to be a better 1 security for the liberty and religion of the nation, than any which the law could devise. 1 The king, though much pleased, no doubt, with the popu- larity which seemed to attend the commencement of his reign, as a powerful medium for establishing the system of absolute power, did not suffer himself, by any show of affection from his people, to be diverted from his design of rendering his government independent of them. To this design we must look as the mainspring of all his actions at this period; for with regard to the Roman-catholic religion, it is by no means certain that he yet thought of obtaining for it anything more than a complete toleration. With this view, therefore, he could not take a more judicious resolution than that which he had declared in his speech to the privy council, and to which he seems, at this time, to have steadfastly adhered, of making the government of his predecessor the model for his own. He therefore continued in their offices, notwithstanding the personal objections he might have to some of them, those servants of the late king, during whose administration that prince had been so successful in subduing his subjects, and eradicating almost from the minds of Englishmen every sen- timent of liberty. Even the marquis of Halifax, who was supposed to have 1 Burnet. 1685.] NEW MINISTERS SUNDERLAND. 333 remonstrated against many of the late measures, and to have been busy in recommending a change of system to Charles, was continued in high employment by James, who told him that, of all Ins past conduct, he should remember only his be- haviour upon the exclusion bill, to which that nobleman had made a zealous and distinguished opposition; a handsome ex- pression, which has been the more noticed, as well because it is almost the single instance of this prince's showing any disposition to forget injuries, as on account of a delicacy and propriety in the wording of it, by no means familiar to him. Lawrence Hyde, earl of Rochester, whom he appointed lord treasurer, was in all respects calculated to be a fit in- strument for the purposes then in view. Besides being upon the worst terms with Halifax, in whom alone, of all his ministers, James was likely to find any bias in favour of popular principles, he was, both from prejudice of education, and from interest, inasmuch as he had aspired to be the head of the tories, a great favourer of those servile principles of the church of England, which had been lately'so highly extolled from the throne. His near relation to the duchess of York might also be some recommendation, but his privity to the late pecuniary transactions between the courts of Versailles and London, and the cordiality with which he concurred in them, were by far more powerful titles to his new master's confidence. For it must be observed of this minister, as well as of many others of his party, that his high notions, as they are frequently styled, of power, regarded only the rela- tion between the king and his subjects, and not that in which he might stand with respect to foreign princes; so that, pro- vided he could, by a dependence, however servile, upon Louis XIV,, be placed above the control of his parliament and people at home, he considered the honour of the crown unsullied. Robert Spencer, earl of Sunderland, who was continued as secretary of state, had been at one period a supporter of the exclusion bill, and had been suspected of having offered the duchess of Portsmouth to obtain the succession to the crown for her son, the duke of Richmond. Nay more, king James, in his Memoirs, charges him with having intended, just at the time of Charles's death, to send him into a second banish- 334 HISTORY OF THE REIGN OF JAMES II. [1685. ment; 1 but with regard to this last point, it appears evident to me, that many things in those Memoirs, relative to this earl, were written after James's abdication, and in the greatest bitterness of spirit, when he was probably in a frame of mind to believe anything against a person by whom he conceived himself to have been basely deserted. The reap- pointment, therefore, of this nobleman to so important an office, is to be accounted for partly upon the general principle above-mentioned, of making the new reign a mere continua- tion of the former, and partly upon Sunderland's extraordi- nary talents for ingratiating himself with persons in power, and persuading them that he was the fittest instrument for their purposes; a talent in which he seems to have surpassed all the intriguing statesmen of his time, or perhaps of any other. An intimate connexion with the court of Versailles being the principal engine by which the favourite project of abso- lute monarchy was to be effected, James, for the purpose of fixing and cementing that connexion, sent for M. de Barillon, the French ambassador, the very day after his accession, and entered into the most confidential discourse with him. He explained to him his motives for intending to call a parlia- ment, as well as his resolution to levy by authority the reve- nue which his predecessor had enjoyed in virtue of a grant of parliament which determined with his life. He made general professions of attachment to Louis, declared that in all affairs of importance it was his intention to consult that monarch, and apologised, upon the ground of the urgency of the case, for acting in the instance mentioned without his advice. Money was not directly mentioned, owing, perhaps, to some sense of shame upon that subject, which his brother had never experienced; but lest there should be a doubt whether that object were implied in the desire of support and protection, Rochester was directed to explain the matter more fully, and to give a more distinct interpretation of these general terms. Accordingly, that minister waited the next morning upon Barillon, and after having repeated and enlarged upon the reasons for calling a parliament, stated, as an additional argu- ment in defence of the measure, that without it his master 1 Macpherson's State Papers, i. 147. 1685.] MONEY TRANSACTIONS WITH FRANCE. 335 would become too chargeable to the French king; adding, however, that the assistance which might be expected from a parliament, did not exempt him altogether from the necessity of resorting to that prince for pecuniary aids; for that without such, he would be at the mercy of his subjects, and that upon this beginning would depend the whole fortune of the reign. If Rochester actually expressed himself as Barillon relates, the use intended to be made of parliament, cannot but cause the most lively indignation, while it furnishes a complete answer to the historians who accuse the parliaments of those days of unseasonable parsimony in their grants to the Stuart kings; for the grants of the people of England were not destined, it seems, to enable their kings to oppose the power of France, or even to be independent of her, but to render the influence which Louis was resolved to preserve in this country, less chargeable to him, by furnishing their quota to the support of his royal dependant. The French ambassador sent immediately a detailed account of these conversations to his court, where, probably, they were not received with the less satisfaction on account of the re^ quest contained in them having been anticipated. Within a very few days from that in which the latter of them had passed, he was empowered to accompany the delivery of a letter from his master, with the agreeable news of having re- ceived from him bills of exchange to the amount of five hun- dred thousand livres, to be used in whatever manner might be convenient to the king of England's service. The account which Barillon gives, of the manner in which this sum was received, is altogether ridiculous: the king's eyes were full of tears, and three of his ministers, Rochester, Sunderland, and Godolphin, came severally to the French ambassador, to ex- press the sense their master had of the obligation, in terms the most lavish. Indeed, demonstrations of gratitude from the king directly, as well as through his ministers, for this supply, were such, as if they had been used by some unfortu- nate individual, who, with his whole family, had been saved, by the timely succour of some kind and powerful protector, from a gaol and all its horrors, would be deemed rather too strong than too weak. Barillon himself seems surprised when he relates them; but imputes them to what was probably their real cause, to the apprehensions that had been entertained, 336 HISTORY OF THE REIGN OF JAMES II. [1685. (very unreasonable ones !) that the king of France might no longer choose to interfere in the affairs of England, and con- sequently that his support could not be relied on for the grand object of assimilating this government to his own. If such apprehensions did exist, it is probable that they were chiefly owing to the very careless manner, to say the least, in which Louis had of late fulfilled his pecuniary en- gagements to Charles, so as to amount, in the opinion of the English ministers, to an actual breach of promise. But the circumstances were in some respects altered. The French king had been convinced that Charles would never call a parliament; nay, further perhaps, that if he did, he would not be trusted by one; and considering him therefore entirely in his power, acted from that principle in insolent minds which makes them fond of ill-treating and insulting those whom they have degraded to a dependence on them. But James would probably be obliged at the commencement of a new reign to call a parliament, and if well used by such a body, and aban- doned by France, might give up his project of arbitrary power, and consent to govern according to the law and con- stitution. In such an event, Louis easi]y foresaw, that, in- stead of an useful dependant, he might find upon the throne of England a formidable enemy. Indeed, F this prince and his ministers seem all along, with a sagacity that does them credit, to have foreseen, and to have justly estimated, the dan- gers to which they would be liable, if a cordial union should ever take place between a king of England and his parliament, and the British councils be directed by men enlightened and warmed by the genuine principles of liberty. It was there- fore an object of great moment to bind the new king, as early as possible, to the system of dependency upon France; and matter of no less triumph to the court of Versailles to have retained him by so moderate a fee, than to that of London to receive a sum which, though small, was thought valuable, as an earnest of better wages and future protection. It had for some time been Louis's favourite object to annex to his dominion what remained of the Spanish Netherlands, as well on account of their own intrinsic value, as to enable him to destroy the United Provinces and the prince of Orange; and this object Charles had bound himself, by treaty with Spain, to oppose. In the joy, therefore, occasioned by this 1685.] MORE MONEY SOLICITED FROM LOUIS. 337 noble manner of proceeding, (for such it was called by all the parties concerned,) the first step was to agree, without hesita- tion, that Charles's treaty with Spain determined with his life; a decision which, if the disregard that had been shown to it, did not render the question concerning it nugatory, it would be difficult to support upon any principles of national law or justice. The manner in which the late king had conducted himself upon the subject of this treaty, that is to say, the vio- lation of it, without formally renouncing it, was gravely com- mended, and stated to be no more than what might justly be expected from him; but the present king was declared to be still more free, and in no way bound by a treaty, from the execution of w r hich his brother had judged himself to be suf- ficiently dispensed. This appears to be a nice distinction, and what that degree of obligation was, from which James was exempt, but which had lain upon Charles, who neither thought himself bound, nor was expected by others, to execute the treaty, it is difficult to conceive. This preliminary being adjusted, the meaning of wrhich, through all this contemptible shuffling, was, that James, by giving up all concern for the Spanish Netherlands, should be at liberty to acquiesce in, or to second, whatever might be the ambitious projects of the court of Versailles, it was deter- mined that lord Churchill should be sent to Paris to obtain further pecuniary aids. But such was the impression made by the frankness and generosity of Louis, that there was no question of discussing or capitulating, but every thing was remitted to that prince, and to the information his ministers might give him, respecting the exigency of affairs in England. He who had so handsomely been beforehand, in granting the assistance of ûve hundred thousand livres, was only to be thanked for past, not importuned for future, munificence. Thus ended, for the present, this disgusting scene of iniquity and nonsense, in which all the actors seemed to vie with each other in prostituting the sacred names of friendship, genero- sity, and gratitude, in one of the meanest and most criminal transactions which history records. The principal parties in the business, besides the king himself, to whose capacity, at least, if not to his situation, it was more suitable, and lord Churchill, who acted as an inferior agent, were Sunderland, Rochester, and Godolphin, all men z 338 HISTORY OF THE REIGN OF JAMES II. [1685. of high rank and considerable abilities, but whose understand- ings, as well as their principles, seem to have been corrupted by the pernicious schemes in which they were engaged. With respect to the last -mentioned nobleman in particular, it is impossible, without pain, to see him engaged in such transactions. With what self-humiliation must he not have reflected upon them in subsequent periods of his life! How little could Barillon guess that he was negotiating with one w r ho w T as destined to be at the head of an administration, which, in a few years, would send the same lord Churchill, not to Paris, to implore Louis for succours towards enslaving England, or to thank him for pensions to her monarch, but to combine all Europe against him in the cause of liberty, to rout his armies, to take his towns, to humble his pride, and to shake to the foundation that fabric of power which it had been the business of a long life to raise, at the expense of every sentiment of tenderness to his subjects, and of justice and good faith to foreign nations! It is with difficulty the reader can persuade himself that the Godolphin and Churchill here mentioned are the same persons who were afterwards one in the cabinet, one in the field, the great conductors of the war of the succession. How little do they appear in one instance! how great in the other! And the investigation of the cause to which this excessive difference is principally owing, will produce a most useful lesson. Is the difference to be attributed to any superiority of genius in the prince whom they served in the latter period of their lives? Queen Anne's capacity appears to have been inferior even to her father's. Did they enjoy in a greater degree her favour and confidence? The very reverse is the fact. But in one case they were the tools of a king plotting against his people; in the other, the ministers of a free government acting upon enlarged principles, and with energies which no state that is not in some degree republican can supply. How forcibly must the contemplation of these men, in such opposite situations, teach persons engaged in political life, that a free and popular government is desirable, not only for the public good, but for their own greatness and consideration, for every object of generous ambition! The king having, as has been related, first privately com- municated his intentions to the French ambassador, issued 1685.] CUSTOMS LEVIED ARBITRARILY. 339 proclamations for the meeting of parliament, and for levying, upon his sole authority, the customs and other duties which had constituted part of the late king's revenue, but to which, the acts granting them having expired with the prince, James was not legally entitled. He was advised by lord Guildford, whom he had continued in the office of keeper of the great seal, and who upon such a subject, therefore, was a person likely to have the greatest weight, to satisfy himself with directing the money to be kept in the exchequer for the dis- posal of parliament, which was shortly to meet; and by others, to take bonds from the merchants for the duties, to be paid when parliament should legalize them. 1 But these expe- dients were not suited to the king's views, who, as well on account of his engagement with France, as from his own dis- position, was determined to take no step that might indicate an intention of governing by parliaments, or a consciousness of his being dependent upon them for his revenue. He adopted, therefore, the advice of Jeffreys, advice not result- ing so much, probably, either from ignorance or violence of disposition, as from his knowledge that it would be mo3t agreeable to his master, and directed the duties to be paid as in the former reign. It was pretended, that an interruption in levying some of the duties might be hurtful to trade; but as every difficulty of that kind was obviated by the expe- dients proposed, this arbitrary and violent measure can with no colour be ascribed to a regard to public convenience, nor to any other motive than to a desire of reviving Charles I.'s claims to the power of taxation, and of furnishing a most in- telligible comment upon his speech to the council on the day of his accession. It became evident what the king's notions were, with respect to that regal prerogative from which he professed himself determined never to depart, and to that property which he would never invade. What were the re- maining rights and liberties of the nation, which he was to preserve, might be more difficult to discover; but that the laws of England, in the royal interpretation of them, were sufficient to make the king as great a monarch as he, or, in- deed, any prince could desire, was a point that could not be disputed. This violation of law was in itself most flagrant; 1 Life of Lord Keeper North. z2 840 HISTORY OF THE TtEIGN OF JAMES II. [1685. it was applied to a point well understood, and thought to have been so completely settled by repeated and most ex- plicit declarations of the legislature, that it must have been doubtful whether even the most corrupt judges, if the ques- tion had been tried, would have had the audacity to decide it against the subject. But no resistance was made; nor did the example of Hampden, which a half century before had been so successful, and rendered that patriot's name so illus- trious, tempt any one to emulate his fame; so completely had the crafty and sanguinary measures of the late reign attained the object to which they were directed, and rendered all men either afraid or unwilling to exert themselves in the cause of liberty. On the other hand, addresses the most servile were daily sent to the throne. That of the University of Oxford stated, that the religion which they professed bound them to uncon- ditional obedience to their sovereign, without restrictions or limitations; and the Society of Barristers and Students of the Middle Temple thanked his majesty for the attention he had shown to the trade of the kingdom, concerning which, and its balance, (and upon this last article they laid particular stress,) they seemed to think themselves peculiarly called upon to de- liver their opinion. But whatever might be their knowledge in matters of trade, it was at least equal to that which these addressers showed in the laws and constitution of their country, since they boldly affirmed the king's right to levy the duties, and declared that it had never been disputed but by persons engaged in what they were pleased to call rebellion against his royal father. The address concluded with a sort of prayer, that all his majesty's subjects might be as good lawyers as themselves, and disposed to acknowledge the royal preroga- tive in all its extent. If these addresses are remarkable for their servility, that of the gentlemen and freeholders of the county of Suffolk was no less so for the spirit of party violence that was displayed in it. They would take care, they said, to choose repre- sentatives who should no more endure those who had been for the Exclusion Bill, than the last parliament had the ab- horrers of the association; and thus not only endeavoured to keep up his majesty's resentment against a part of their fellow-subjects, but engaged themselves to imitate, for the 1685.] SERVILE ADDRESSES. 341 purpose of retaliation, that part of the conduct of their adver^ saries, which they considered as most illegal and oppressive. 1 It is a remarkable circumstance, that among all the adula-? tory addresses of this time, there is not to be found, in any one of them, any declaration of disbelief in the popish plot, or any charge upon the late parliament for having prosecuted it, though it could not but be well known that such topics would, of all others, be most agreeable to the court. Hence we may collect that the delusion on this subject was by no means at an end, and that they who, out of a desire to render history conformable to the principles of poetical justice, attribute the unpopularity and downfall of the whigs to the indignation ex- cited by their furious and sanguinary prosecution of the plot, are egregiously mistaken. If this had been in any degree the prevailing sentiment, it is utterly unaccountable that, so far from its appearing in any of the addresses of these times, this most just ground of reproach upon the whig party, and the parliament in which they had had the superiority, was the only one omitted in them. The fact appears to have been the very reverse of what such historians suppose, and that the activity of the late parliamentary leaders, in prosecuting the popish plot, was the principal circumstance which reconciled the nation, for a time, to their other proceedings; that their conduct in that business (now so justly condemned) was the grand engine of their power, and that when that failed, they were soon overpowered by the united forces of bigotry and corruption. They were hated by a great part of the nation, not for their crimes, but for their virtues. To be above cor- ruption is always odious to the corrupt, and to entertain more enlarged and juster notions of philosophy and government, is often a cause of alarm to the narrow-minded and supersti- tious. In those days particularly, it was obvious to refer to the confusion, greatly exaggerated, of the times of the com- monwealth; and it was an excellent watchword of alarm, to accuse every lover of law and liberty, of designs to revive the tragical scene which had closed the life of the first Charles. In this spirit, therefore, the Exclusion Bill, and the alleged conspiracies of Sidney and Russell, were, as might naturally be expected, the chief charges urged against the whigs; but 1 Rapiu. 342 HISTORY OF THE REIGN OF JAMES II. [1685. their conduct on the subject of the popish plot was so far from being the cause of the hatred borne to them, that it was not even used as a topic of accusation against them. In order to keep up that spirit in the nation, which was thought to be manifested in the addresses, his majesty ordered the declaration, to which allusion was made in the last chapter, to be published, interwoven with a history of the Rye House plot, which is said to have been drawn by Dr. Spratt, bishop of Rochester. The principal drift of this pub- lication was, to load the memory of Sidney and Russell, and to blacken the character of the duke of Monmouth, by wickedly confounding the consultations holden by them, with the plot for assassinating the late king, and in this object it seems in a great measure to have succeeded. He also caused to be published an attestation of his brother's having died a Roman catholic, together with two papers, drawn up by him, in favour of that persuasion. This is generally considered to have been a very ill-advised instance of zeal; but probably James thought, that at a time when people seemed to be so in love with his power, he might safely venture to indulge himself in a display of his attachment to his religion; and perhaps, too, it might be thought good policy to show that a prince, who had been so highly complimented as Charles had been, for the restoration and protection of the church, had, in truth, been a catholic, and thus to inculcate an opinion, that the church of England might not only be safe, but highly favoured, under the reign of a popish prince. Partly from similar motives, and partly to gratify the natural vindictiveness of his temper, he persevered in a most cruel persecution of the Protestant dissenters, upon the most frivolous pretences. The courts of justice, as in Charles's days, were instruments equally ready, either for seconding the policy or for gratifying the bad passions of the monarch; and Jeffreys, whom the late king had appointed chief justice of England a little before Sidney's trial, was a man entirely agreeable to the temper, and suitable to the purposes, of the present government. He was thought not to be very learned in his profession; but what might be wanting in knowledge he made up in positiveness; and, indeed, whatever might be the difficulties in questions between one subject and another, the fashionable doctrine, which prevailed at that time, of sup- 1685.] PERSECUTION OF BAXTER. 343 porting the king's prerogative in its full extent, and without restriction or limitation, rendered, to such as espoused it, all that branch of law which is called constitutional extremely easy and simple. He was as submissive and mean to those above him as he was haughty and insolent to those who were in any degree in his power; and if in his own conduct he did not exhibit a very nice regard for morality, or even for decency, he never failed to animadvert upon, and to punish, the most slight deviation in others with the utmost severity, especially if they were persons whom he suspected to be no favourites of the court. Before this magistrate was brought for trial, by a jury suffi- ciently prepossessed in favour of tory politics, the Rev. Richard Baxter, a dissenting minister, a pious and learned man, of exemplary character, always remarkable for his attachment to monarchy, and for leaning to moderate measures in the differences between the church and those of his persuasion. The pretence for this prosecution was, a supposed reference of some passages in one of his works to the bishops of the church of England; a reference which was certainly not intended by him, and which could not have been made out to any jury that had been less prejudiced, or under any other direction than that of Jeffreys. The real motive was, the desire of punishing an eminent dissenting teacher, whose reputation was high among his sect, and who was supposed to favour the political opinions of the whigs. He was found guilty, and Jeffreys, in passing sentence upon him, loaded him with the coarsest reproaches and bitterest taunts. He called him sometimes, by way of derision, a saint, sometimes, in plainer terms, an old rogue; and classed this respectable divine, to wdiom the only crime imputed was the having spoken disre- spectfully of the bishops of a communion to which he did not belong, with the infamous Oates, w T ho had been lately con- victed of perjury. He finished with declaring, that it was matter of public notoriety that there was a formed design to ruin the king and the nation, in which this old man was the principal incendiary. Nor is it improbable that this declara- tion, absurd as it was, might gain belief at a time when the credulity of the triumphant party was at its height. Of this credulity it seems to be no inconsiderable testimony, that some affected nicety which James had shown with regard 344 HISTORY OF THE REIGN OF JAMES II. [1685. to the ceremonies to be used towards the French ambassador, was highly magnified, and represented to be an indication of the different tone that was to be taken by the present king, in regard to foreign powers, and particularly to the court of Versailles. The king was represented as a prince eminently jealous of the national honour, and determined to preserve the balance of power in Europe, by opposing the ambitious projects of France at the very time when he was supplicating Louis to be his pensioner, and expressing the most extrava- gant gratitude for having been accepted as such. From the information which we now have, it appears that his applica- tions to Louis for money were incessant, and that the difficulties were all on the side of the French court. 1 Of the historians who wrote prior to the inspection of the papers in the foreign office in France, Burnet is the only one who seems to have known that James's pretensions of independency with respect to the French king, were (as he terms them) only a show; but there can now be no reason to doubt the truth of the anecdote which he relates, that Louis soon after told the duke of Villeroy, 1 that if James showed any apparent uneasiness concerning the balance of power (and there is some reason to suppose he did) in his conversations with the Spanish and other foreign ambassadors, his intention was, probably, to alarm the court of Versailles, and thereby to extort pecuniary assistance to a greater extent; while, on the other hand, Louis, secure in the knowledge that his views of absolute power must continue him in dependence upon France, seems to have refused further supplies, and even in some measure to have withdrawn those which had been stipulated, as a mark of his displeasure with his dependant, for assuming a higher tone than he thought becoming. Whether with a view of giving some countenance to those who were praising him upon the above-mentioned topic, or from what other motive it is now not easy to conjecture, James seems to have wished to be upon apparent good terms, at least, with the prince of Orange; and after some corre- spondence with that prince concerning the protection afforded by him and the states-general to Monmouth, and other obnoxious persons, it appears that he declared himself, in 1 Vide Burnet, vol. ii. p. 302. 1685.] james's relations with louis. 345 consequence of certain explanations and concessions, perfectly satisfied. It is to be remarked, however, that he thought it necessary to give the French ambassador an account of this transaction, and in a manner to apologize to him for entering into any sort of terms with a son-in-law, who was supposed to be hostile in disposition to the French king. He assured Barillon that a change of system on the part of the prince of Orange in regard to Louis, should be a condition of his recon- ciliation : he afterwards informed him that the prince of Orange had answered him satisfactorily in all other respects, but had not taken notice of his wish that he should connect himself with France; but never told him that he had, not- withstanding the prince's silence on that material point, expressed himself completely satisfied with him. That a proposition to the prince of Orange, to connect himself in politics with Louis would, if made, have been rejected, in the manner in which the king's account to Barillon implies that it was, there can be no doubt; but whether James ever had the assurance to make it, is more questionable; for as he evidentally acted disingenuously with the ambassador, in con- cealing from him the complete satisfaction he had expressed of the prince of Orange's present conduct, 1 it is not unreasonable to suppose that he deceived him still further, and pretended to have made an application, which he had never hazarded. However, the ascertaining of this fact is by no means neces- sary for the illustration, either of the general history or of James's particular character, since it appears, that the propo- sition, if made, was rejected; and James is, in any case,, equally convicted of insincerity, the only point in question being, whether he deceived the French ambassador, in regard to the fact of his having made the proposition, or to the sen- timents he expressed upon its being refused. Nothing serves more to show the dependence in which he considered himself to be upon Louis than these contemptible shifts to which he condescended, for the purposes of explaining and apologizing for such parts of his conduct as might be supposed to be less agreeable to that monarch than the rest. An English parlia- ment acting upon constitutional principles, and the prince of Orange, were the two enemies whom Louis most dreaded; 1 Dairymple's Mem. ii. 11G. 346 HISTORY OF THE REIGN OF JAMES II. [1685. and, accordingly, whenever James found it necessary to make approaches to either of them, an apology was immediately to be offered to the French ambassador, to which truth some- times and honour was always sacrificed. Mr. Hume says, the king found himself, by degrees, under the necessity of falling into an union with the French monarch, who could alone assist him in promoting the catholic religion in England. But when that historian wrote, those documents had not been made public, from which the account of the communications with Barillon has been taken, and by which it appears that a connexion with France was, as well in point of time as in importance, the first object of his reign, and that the immediate specific motive to that connexion was the same as that of his brother; the desire of rendering him- self independent of parliament, and absolute, not that of esta- blishing popery in England, which was considered as a more remote contingency. That this was the case is evident from all the circumstances of the transaction, and especially from the zeal with which he was served in it by ministers who were never suspected of any leaning towards popery, and not one of whom (Sunderland excepted) could be brought to the measures that w ere afterwards taken in favour of that reli- gion. It is the more material to attend to this distinction, because the tory historians, especially such of them as are not Jacobites, have taken much pains to induce us to attribute the violences and illegalities of this reign to James's religion, which was peculiar to him, rather than to that desire of absolute power, which so many other princes have had, have, and always will have, in common with him. The policy of such misrepresentation is obvious. If this reign is to be considered as a period insulated, as it were, and unconnected with the general course of history, and if the events of it are to be attributed exclusively to the particular character and particular attachments of the monarch, the sole inference will be, that we must not have a catholic for our king; whereas, if we con- sider it, which history well warrants us to do, as a part of that system which had been pursued by all the Stuart kings, as well prior as subsequent to the restoration, the lesson which it affords is very different, as well as far more instructive. We are taught, generally, the dangers Englishmen will always be liable to, if, from favour to a prince upon the throne, or from a 1685.] SCOTTISH PARLIAMENT. 347 confidence, however grounded, that his views are agreeable to our own notions of the constitution, we in any considerable degree abate of that vigilant and unremitting jealousy of the power of the crown, which can alone secure to us the effect of those wise laws that have been provided for the benefit of the subject; and still more particularly, that it is in vain to think of making a compromise with power, and by yielding to it in other points, preserving some favourite object, such, forinstance, as the church in James's case, from its grasp. Previous to meeting his English parliament, James directed a parliament which had been summoned in the preceding reign, to assemble at Edinburgh, and appointed the duke of Queensbury his commissioner. This appointment is, in itself, a strong indication that the king's views, with regard to Scotland at least, were similar to those which I have ascribed to him in England; and that they did not at that time extend to the introduction of popery, but were altogether directed to the establishment of absolute power as the end, and to the support of an episcopal church, upon the model of the church of England, as the means. For Queensbury had explained himself to his majesty in the fullest manner upon the subject of religion; and while he professed himself to be ready (as, indeed, his conduct in the late reign had sufficiently proved) to go any length in supporting royal power and in persecuting the presbyterians, had made it a condition of his services, that he might understand from his majesty that there was no inten- tion of changing the established religion; for if such was the object, he could not make any one step with him in that matter. James received this declaration most kindly, assured him he had no such intention, and that he would have a par- liament, to which he, Queensbury, should go as commissioner, and giving all possible assurances in the matter of religion, get the revenue to be settled, and such other laws to be passed as might be necessary for the public safety. With these promises the duke was not only satisfied at the time, but de- clared, at a subsequent period, that they had been made in so frank and hearty a manner, as made him conclude that it was impossible the king should be acting a part. And this noble- man was considered, and is handed down to us by contempo- rary writers, as a man of a penetrating genius, nor has it ever been the national character of the country to which he be- 348 HISTORY OF THE REIGN OF JAMES II. [1685. longed, to be more liable to be imposed upon than the rest of mankind. The Scottish parliament met on the 23rd of April, and was opened by the commissioner, with the following letter from the king: — " My lords and gentlemen, — The many experiences we have had of the loyalty and exemplary forwardness of that our ancient kingdom, by their representatives in parliament assembled, in the reign of our deceased and most entirely be- loved brother of ever blessed memory, made us desirous to call you at this time, in the beginning of our reign, to give you an opportunity, not only of showing your duty to us in the same manner, but likewise of being exemplary to others in your demonstrations of affection to our person and com- pliance with our desires, as you have most eminently been in times past, to a degree never to be forgotten by us, nor (we hope) to be contradicted by your future practices. That which we are at this time to propose unto you is what is as necessary for your safety as our service, and what has a ten- dency more to secure your own privileges and properties than the aggrandizing our power and authority (though in it con- sists the greatest security of your rights and interests, these never having been in danger, except when the royal power was brought too low to protect them), which now we are re- solved to maintain, in its greatest lustre, to the end we may be the more enabled to defend and protect your religion as established by law, and your rights and properties (which was our design in calling this parliament) against fanatical con- trivances, murderers, and assassins, who having no fear of God, more than honour for us, have brought you into such dif- ficulties as only the blessing of God upon the steady resolu- tions and actings of our said dearest royal brother, and those employed by him, (in prosecution of the good and wholesome laws, by you heretofore offered,) could have saved you from the most horrid confusions and inevitable ruin. Nothing has been left unattempted by those wild and inhuman traitors for endeavouring to overturn your peace; and therefore we have good reason to hope that nothing will be wanting in you to secure yourselves and us from their outrages and violence in time coming, and to take care that such conspirators meet with their just deservings, so as others may thereby be deter- 1685.] the king's letter. 349 red from courses so little agreeable to religion, or their duty and allegiance to us. These things we considered to be of so great importance to our royal, as well as the universal, interest of that our kingdom, that we were fully resolved, in person, to have proposed the needful remedies to you. But things having so fallen out as render this impossible for us, we have now thought fit to send our right trusty and right entirely beloved cousin and councillor, William duke of Queensbury, to be our commissioner amongst you, of whose abilities and qualifications we have reason to be fully satisfied, and of whose faithfulness to us, and zeal for our interest, we have had signal proofs in the times of our greatest difficulties. Him we have fully intrusted in all things relating to our service, and your own prosperity and happiness, and there- fore you are to give him entire trust and credit, as you now see w^e have done, from whose prudence and your most dutiful affection to us, we have full confidence of your entire com- pliance and assistance in all those matters, wherein he is in- structed as aforesaid. We do therefore not only recommend unto you that such things be done as are necessary in this juncture for your own peace, and the support of our royal interest, of which we had so much experience when amongst you, that we cannot doubt of your full and ample expressing the same on this occasion, by which the great concern w^e have in you, our ancient and kindly people, may still increase, and you may transmit your loyal actions (as examples of duty) to your posterity. In full confidence whereof we do assure you of your royal favour and protection in all your con- cerns, and so we bid you heartily farewell." This letter deserves the more attention, because, as the proceedings of the Scotch parliament, according to a remark- able expression in the letter itself, were intended to be an example to others, there is the greatest reason to suppose the matter of it must have been maturely weighed and considered. His majesty first compliments the Scotch parliament upon their peculiar loyalty and dutiful behaviour in past times, meaning, no doubt, to contrast their conduct with that of those English parliaments who had passed the exclusion bill, the disbanding act, the habeas corpus act, and other measures hostile to his favourite principles of government. He states the granting of an independent revenue, and the supporting 350 HISTORY OF THE REIGN OF JAMES II. [1685. the prerogative in its greatest lustre, if not the aggrandizing of it, to be necessary for the preservation of their religion, established by law, (that is, the protestant episcopacy,) as well as for the security of their properties against fanatical assas- sins and murderers; thus emphatically announcing a complete union of interests between the crown and the church. He then bestows a complete and unqualified approbation of the persecuting measures of the last reign, in which he had borne so great a share; and to those measures, and to the steadiness with which they had been persevered in, he ascribes the escape of both church and state from the fanatics, and ex- presses his regret that he could not be present, to propose in person the other remedies of a similar nature, which he recommended as needful in the present conjuncture. Now it is proper' in this place, to inquire into the nature of the measures thus extolled, as well for the purpose of elucidating the characters of the king and his Scottish minis- ters, as for that of rendering more intelligible the subsequent proceedings of the parliament, and the other events which soon after took place in that kingdom. Some general notions may be formed of that course of proceedings which, according to his majesty's opinion, had been so laudably and resolutely pursued during the late reign, from the circumstances alluded to in the preceding chapter, when it is understood that the sentences of Argyle and Laurie of Blackwood were not de- tached instances of oppression, but rather a sample of the general system of administration. The covenant, which had been so solemnly taken by the whole kingdom, and among the rest by the king himself, had been declared to be unlaw- ful, and a refusal to abjure it had been made subject to the severest penalties. Episcopacy, which was detested by a great majority of the nation, had been established, and all public exercise of religion, in the forms to which the people w r ere most attached, had been prohibited. The attendance upon field conventicles had been made highly penal, and the preaching at them capital; by which means, according to the computation of a late writer, no less remarkable for the accuracy of his facts than for the force and justness of his reasonings, at least seventeen thousand persons in one dis- trict were involved in criminality, and became the objects of persecution. After this, letters had been issued by govern- 1685.] MEASURES OF PERSECUTION. 351 ment, forbidding the intereommuning with persons who had neglected or refused to appear before the privy council, when cited for the above crimes; a proceeding, by which not only all succour or assistance to such persons, but, according to the strict sense of the word made use of, all intercourse with them, was rendered criminal, and subjected him who disobeyed the prohibition to the same penalties, whether capital or others, which were affixed to the alleged crimes of the party with whom he had intercommuned. 1 These measures not proving effectual for the purpose for which they were intended, or, as some say, the object of Charles IL 's government being to provoke an insurrection, a demand was made upon the landholders, in the district sup- posed to be most disaffected, of bonds, whereby they were to become responsible for their wives, families, tenants, and servants; and likewise for the w r ives, families, and servants of their tenants, and finally, for all persons living upon their estates; that they should not withdraw from the church, fre- quent or preach at conventicles, nor give any succour, or have any intercourse with persons with whom it was for- bidden to intercommune; and the penalties attached to the breach of this engagement, the keeping of which was obvi- ously out of the power of him who was required to make it, were to be the same as those, whether capital or other, to which the several persons, for whom he engaged, might be liable. The landholders, not being willing to subscribe to their own destruction, refused to execute the bonds, and this was thought sufficient grounds for considering the district to which they belonged as in a state of rebellion. English and Irish armies were ordered to the frontiers ; a train of artillery, and the militia, were sent into the district itself; and six thousand Highlanders, who were let loose upon its inhabi- tants, to exercise every species of pillage and plunder, were connived at, or rather encouraged, in excesses of a still more atrocious nature. 2 The bonds being still refused, the government had recourse to an expedient of a most extraordinary nature, and issued what the Scotch called a writ of Lawburrows, against the 1 Laing's Hist. vol. iv. 34. 60. 74. Woodrow. ? Buruet. Woodrow. Laing, iv. 8-3. 352 HISTORY OF THE REIGN OF JAMES II. [168c whole district. This writ of Lawburrows is somewhat analogous to what we call swearing the peace against any one, and had hitherto been supposed, as the other is with us, to be applicable to the disputes of private individuals, and to the apprehensions which, in consequence of such disputes, they may mutually entertain of each other. A government swearing the peace against its subjects was a new spectacle; but if a private subject, under fear of another, hath a right to such a security, how much more the government itself? was thought an unanswerable argument. Such are the sophis- tries which tyrants deem satisfactory. Thus are they will- ing even to descend from their loftiness into the situation of subjects or private men, when it is for the purpose of ac- quiring additional powers of persecution; and thus truly formidable and terrific are they, when they pretend alarm and fear. By these writs, the persons against whom they were directed were bound, as in case of the former bonds, to conditions which were not in their power to fulfil, such as the preventing of conventicles and the like, under such penal- ties as the privy council might inflict, and a disobedience to them was followed by outlawry and confiscation. The conduct of the duke of Lauderdale, who was the chief actor in these scenes of violence and iniquity, was completely approved and justified at court; but, in consequence, probably, of the state of politics in England, at a time when the whigs were strongest in the house of commons, some of these grievances were in part redressed, and the Highlanders, and writs of Lawburrows, were recalled. But the country was -still treated like a conquered country. The Highlanders were replaced by an army of ûve thousand regulars, and garrisons were placed in private houses. The persecution of conventicles continued; and ample indemnity was granted for every species of violence that might be exercised by those employed to suppress them. In this state of things, the assassination and murder of Sharp, archbishop of St. Andrews, by a troop of fanatics, who had been driven to madness by the oppression of Carmichael, one of that prelate's instru- ments, while it gave an additional spur to the vindictive tem- per of the government, was considered by it as a justification for every mode and degree of cruelty and persecution. The outrage committed by a few individuals was imputed to the whole fanatic sect, as the government termed them, or, in 1685.] INSURRECTION OF BOTHWELL BRIDGE. 353 other words, to a description of people which composed a great majority of the population in the Lowlands of Scotland; and those who attended field or armed conventicles, were ordered to be indiscriminately massacred. By such means an insurrection was at last produced, which, from the weakness, or, as some suppose, from the wicked policy of an administration eager for confiscations, and de- sirous of such a state of the country as might, in some mea- sure, justify their course of government, made such a pro- gress that the insurgents became masters of Glasgow and the country adjacent. To quell these insurgents, who, undis- ciplined as they were, had defeated Graham, afterwards viscount Dundee, the duke of Monmouth was sent with an army from England; but, lest the generous mildness of his nature should prevail, he had sealed orders, which he was not to open till in sight of the rebels, enjoining him not to treat with them, but to fall upon them without any previous nego- tiation. In pursuance of these orders, the insurgents were attacked at Bothwell bridge, where, though they were entirely routed and dispersed, yet because those who surren- dered at discretion were not put to death, and the army, by the strict enforcing of discipline, were prevented from plun- der and other outrages, it was represented by James, and in some degree even by the king, that Monmouth had acted as if he had meant rather to put himself at the head of the fanatics than to repel them, and were inclined rather to court their friendship than to punish their rebellion. All com- plaints against Lauderdale were dismissed, his power con- firmed, and an act of indemnity, w^hich had been procured at Monmouth's intercession, was so clogged with exceptions, as to be of little use to any but to the agents of tyranny. Several persons, who were neither directly nor indirectly concerned in the murder of the archbishop, were executed as an expia- tion for that offence; 1 but many more were obliged to com- pound for their lives, by submitting to the most rapacious extortion, which at this particular period seems to have been the engine of oppression most in fashion, and w T hich was extended, not only to those who had been in any way con- cerned in the insurrection, but to those who had neglected to i Laiug, iv. 1G4. Woodrow, ii. 87. 90. A A 354 HISTORY OF THE REIGN OF JAMES II. [1685. attend the standard of the king, when displayed against what was styled, in the usual insulting language of tyrants, a most unnatural rebellion. The quiet produced by such means was, as might be ex- pected, of no long duration. Enthusiasm was increased by persecution, and the fanatic preachers found no difficulty in persuading their flocks to throw off all allegiance to a govern- ment which afforded them no protection. The king was declared to be an apostate from the government, a tyrant, and an usurper; and Cargill, one of the most enthusiastic among the preachers, pronounced a formal sentence of excommunica- tion against him, his brother the duke of York, and others, their ministers and abettors. This outrage upon majesty, together with an insurrection, contemptible in point of num- bers and strength, in which Cameron, another field-preacher, had been killed, furnished a pretence which was by no means neglected, for new cruelties and executions; but neither death nor torture were sufficient to subdue the minds of Çargill and his intrepid followers. They all gloried in their sufferings; nor could the meanest of them be brought to purchase their lives by a retractation of their principles, or even by any expression that might be construed into an approbation of their perse- cutors. The effect of this heroic constancy upon the minds of their oppressors, was to persuade them not to lessen the numbers of executions, but to render them more private; 1 whereby they exposed the true character of their government, which was not severity, but violence; not justice, but ven- geance: for example being the only legitimate end of punish- ment, where that is likely to encourage rather than to deter, (as the government in these instances seems to have appre- hended,) and consequently to prove more pernicious than salutary, every punishment inflicted by the magistrate is cruelty, every execution murder. The rage of punishment did not stop even here, but questions were put to persons, and in many instances to persons under torture, who had not been proved to have been in any of the insurrections, whether they considered the archbishop's assassination as murder, the rising at Bothwell bridge rebellion, and Charles a lawfid king. The refusal to answer these questions, or the answering of 1 Woodrow,ii. 189. 1685.] ACT OF SUCCESSION AND TEST. 3oO them in an unsatisfactory manner, was deemed a proof of guilt, and immediate execution ensued. These last proceedings had taken place while James him- self had the government in his hands, and under his imme- diate directions. Not long after, and when the exclusionists in England were supposed to be entirely defeated, was passed (James being the king's commissioner,) the famous bill of succession, declaring that no difference of religion, nor any statute or law grounded upon such, or any other pretence, could defeat the hereditary right of the heir to the crown, and that to propose any limitation upon the future adminis- tration of such heir was high treason. But the protestant religion was to be secured; for those who were most obse- quious to the court, and the most willing and forward instru- ments of its tyranny, were, nevertheless, zealous protestants. A test was therefore framed for this purpose, which was imposed upon all persons exercising any civil or military functions whatever, the royal family alone excepted; but to the declaration of adherence to the protestant religion was added a recognition of. the king's supremacy in ecclesiastical matters, and a complete renunciation in civil concerns of every right belonging to a free subject. An adherence to the protestant religion, according to the confession of it referred to in the test, seemed to some inconsistent with the acknow- ledgment of the king's supremacy and that clause of the oath which related to civil matters, inasmuch as it declared against endeavouring at any alteration in the church or state, seemed incompatible with the duties of a counsellor or a member of parliament. Upon these grounds the earl of Argyle, in taking the oath, thought fit to declare as follows: — "I have considered the test, and I am very desirous to give obedience as far as I can. I am confident the parlia- ment never intended to impose contradictory oaths; therefore I think no man can explain it but for himself. Accordingly I take it, as far as it is consistent with itself and the pro- testant religion. And I do declare, that I mean not to bind up myself in my station, and in a lawful way, to wish and endeavour any alteration I think to the advantage of the church or state, not repugnant to the protestant religion and my loyalty. And this I understand as a part of the oath." And for this declaration, though unnoticed at the time, he a a 2 356 HISTORY OF THE REIGN OF JAMES II. [1685. was in a few days afterwards committed, and shortly after sentenced to die. 1 Nor was the test applied only to those for whom it had been originally instituted, but by being offered to those numerous classes of people who were within the reach of the late severe criminal laws, as an alternative for death or confiscation, it might fairly be said to be imposed upon the greater part of the country. Not long after these transactions, James took his final leave of the government, and in his parting speech recommended, in the strongest terms, the support of the church. This- gracious expression, the sincerity of which seemed to be evinced by his conduct to the conventiclers, and the severity with which he had enforced the test, obtained him a testi- monial from the bishops of his affection to their protestant church; a testimonial to which, upon the principle that they are the best friends to the church who are most willing to persecute such as dissent from it, he was, notwithstanding his own nonconformity, most amply entitled. 2 Queensbury's administration ensued, in wHhich the maxims that had guided his predecessors were so far from being re- linquished, that they were pursued, if possible, with greater steadiness and activity. Lawrie of Blackwood was condemned for having holden intercourse with a rebel, whose name was not to be found in any of the lists of the intercommuned or proscribed; and a proclamation was issued, threatening all who were in like circumstances with a similar fate. The intercourse with rebels having been in great parts of the kingdom promiscuous and universal, more than twenty thou- sand persons were objects of this menace. 3 Fines and extor- tions of all kinds were employed to enrich the public treasury, to which, therefore, the multiplication of crimes became a fruitful source of revenue; and lest it should not be suffi- ciently so, husbands were made answerable (and that too with a retrospect,) for the absence of their wives from church; a 1 The disgusting ease with which James (in his Memoirs, Macphersons State Papers, i. 123,) speaks of Argyle's case, his pretence that he put his life in jeopardy only with a view to seize his property, seems to destroy all notions of this prince's having had any honour or conscience ; nor after this, can we give much credit to the declaration, that Argyle's life was not aimed at. — Note from Mr. Fox's Common-Place Book. 2 Bumet. s Burnet. Laing, 132. 1685.] DECLARATION OF THE CAMERON1ANS. 357 circumstance which the presbyterian women's aversion to the episcopal form of worship had rendered very general. 1 This system of government, and especially the rigour with which those concerned in the late insurrections, the excom- munication of the king, or the other outrages complained of, were pursued and hunted, sometimes by bloodhounds, some- times by soldiers almost equally savage, and afterwards shot like wild beasts, 2 drove some of those sectaries who were styled Cameronians, and other proscribed persons, to measures of absolute desperation. They made a declaration, which they caused to be affixed to different churches, importing, that they would use the law of retaliation, and " we will," said they, " punish as enemies to God, and to the covenant, such persons as shall make it their work to imbrue their hands in our blood; and chiefly, if they shall continue obsti- nately and with habitual malice to proceed against us;" with more to the like effect. 3 Upon such an occasion the inter- ference of government became necessary. The government did indeed interfere, and by a vote of council ordered, that who- ever owned or refused to disown the declaration on oath, should be put to death, in the presence of two witnesses, though unarmed when taken. The execution of this massacre in the twelve counties which were principally concerned, was committed to the military, and exceeded, if possible, the order itself. The disowning the declaration was required to be in a particular form prescribed. Women, obstinate in their fanaticism, lest female blood should be a stain upon the swords of soldiers engaged in this honourable employment, were drowned. The habitations, as well of those who had fled to save themselves, as of those who suffered, were burnt and de- stroyed. Such members of the families of the delinquents as were above twelve years old, were imprisoned for the purpose of being afterwards transported. The brutality of the soldiers was such as might be expected from an army let loose from all restraint, and employed to execute the royal justice, as it was called, upon wretches. Graham, who has been mentioned before, and who, under the title of lord Dun- dee, a title which was probably conferred upon him by James for these or similar services, was afterwards esteemed such a 1 Laing, 140. 2 Woodrow, ii. 447. 449. 3 Id. ii. 358 HISTORY OF THE REIGN OF JAMES II. [1685. hero among the Jacobite party, particularly distinguished himself. Of six unarmed fugitives whom he seized, he caused four to be shot in his presence, nor did the remaining two experience any other mercy from him than a delay of their doom; and at another time, having intercepted the flight of one of these victims, he had him shown to his family, and then murdered in the arms of his wife. The example of persons of such high rank, and who must be presumed to have had an education in some degree correspondent to their station, could not fail of operating upon men of a lower order in society. The carnage became every day more general and more indiscriminate; and the murder of peasants in their houses, or while employed at their usual work in the fields, by the soldiers, was not only not reproved or punished, but deemed a meritorious service by their superiors. 1 The de- mise of king Charles, which happened about this time, caused no suspension or relaxation in these proceedings, which seemed to have been the crowning measure, as it were, or finishing stroke of that system, for the steady perseverance in which James so much admired the resolution of his brother. It has been judged necessary to detail these transactions in a manner which may, to some readers, appear an imperti- nent digression from the narrative in which this history is at present engaged, in order to set in a clearer light some points of the greatest importance. In the first place, from the summary review of the affairs of Scotland, and from the complacency with which James looks back to his own share of them, joined to the general approbation he expressed of the conduct of government in that kingdom, we may form a pretty just notion, as well of his maxims of policy, as of his temper and disposition in matters where his bigotry to the , Roman catholic religion had no share. For it is to be ob- served and carefully kept in mind, that the church, of which he not only recommends the support, but which he showed himself ready to maintain by the most violent means, is the episcopalian church of the protestants; that the test which he enforced at the point of the bayonet was a protestant test, so much so indeed, that he himself could not take it; and that the more marked character of the conventicles, the ob- 1 Burnet. Woodrow. Laing. 1685.] PRIMARY OBJECT OF HIS GOVERNMENT. 359 jects of his persecution, was not so much that of heretics ex- communicated by the pope, as of dissenters from the church of England, and irreconciieable enemies to the protestant liturgy and the protestant episcopacy. But he judged the church of England to be a most fit instrument for rendering the monarchy absolute. On the other hand, the presbyte- rians were thought naturally hostile to the principles of pas- sive obedience, and to one or other, or with more probability, to both of these considerations, joined to the natural violence of his temper, is to be referred the whole of his conduct in this part of his life, which in this view is rational enough; but on the supposition of his having conceived thus early the intention of introducing popery upon the ruins of the church of England, is wholly unaccountable, and no less ab- surd, than if a general were to put himself to great cost and pains to furnish with ammunition and to strengthen with fortifications, a place of which he was actually meditating the attack. The next important observation that occurs, and to which even they who are most determined to believe that this prince had always popery in view, and held every other considera- tion as subordinate to that primary object, must nevertheless subscribe, is that the most confidential advisers, as well as the most furious supporters of the measures we have related, were not Roman catholics. Lauderdale and Queensbury were both protestants. There is no reason, therefore, to impute any of James's violence afterwards to the suggestions of his catholic advisers, since he who had been engaged in the series of measures above related, with protestant coun- sellors and coadjutors, had surely nothing to learn from papists (whether priests, Jesuits, or others,) in the science of tyranny. Lastly, from this account we are enabled to form some notion of the state of Scotland, at a time when the parliament of that kingdom was called to set an ex- ample for this, and we find it to have been a state of more absolute slavery than at that time subsisted in any part of Christendom. The affairs of Scotland being in the state which we have described, it is no wonder that the king's letter was received with acclamations of applause, and that the parliament opened, not only with approbation of the government, but even with 360 HISTORY OF THE REIGN OF JAMES II. [1685- an enthusiastic zeal to signalize their loyalty, as well by a perfect acquiescence to the king's demands, as by the most fulsome expressions of adulation. " What prince in Europe, or in the whole world," said the chancellor Perth, " was ever like the late king, except his present majesty, who had under- gone every trial of prosperity and adversity, and whose unwearied clemency was not among the least conspicuous of his virtues? To advance his honour and greatness was the duty of all his subjects, and ought to be the endeavour of their lives without reserve." The parliament voted an ad- dress, scarcely less adulatory than the chancellor's speech. "May it please your sacred majesty, — Your majesty's gracious and kind remembrance of the services done by this, your ancient kingdom^ to the late king your brother, of ever glorious memory, shall rather raise in us ardent desires to exceed whatever we have done formerly, than make us con- sider them as deserving the esteem your majesty is pleased to express of them in your letter to us, dated the twenty-eighth of March. The death of that our excellent monarch is lamented by us to all the degrees of grief that are consistent with our great joy for the succession of your sacred majesty, who has not only continued, but secured the happiness which his wisdom, his justice, and clemency procured to us: and having the honour to be the first parliament which meets by your royal authority, of which we are very sensible, your majesty may be confident that we will offer such laws as may best secure your majesty's sacred person, the royal family and government, and be so exemplary loyal, as to raise your honour and greatness to the utmost of our power, which we shall ever esteem both our duty and interest. Nor shall w T e leave anything undone for extirpating all fanaticism, but especially those fanatical murderers and assassins, and for detecting and punishing the late conspirators, whose per- nicious and execrable designs did so much tend to subvert your majesty's government, and ruin us and all your majesty's faithful subjects. We can assure your majesty, that the subjects of this your majesty's ancient kingdom are so de- sirous to exceed all their predecessors in extraordinary marks of affection and obedience to your majesty, that (God be praised,) the only way to be popular with us is to be emi- nently loyal. Your majesty's care of us, when you took us to be your special charge, your wisdom in extinguishing the 1685.] TYRANNY OF PARLIAMENT. 36 L seeds of rebellion and faction amongst us, your justice, which was so great as to be for ever exemplary, but above all, your majesty's free and cheerful securing to us our religion, when you were the late king's, your royal brother's commissioner, now again renewed, when you are our sovereign, are what your subjects here can never forget, and therefore your majesty may expect that we will think your commands sacred as your person, and that your inclination will prevent our debates; nor did ever any who represented our monarchs as their commissioners (except your royal self,) meet with greater respect, or more exact observance from a parliament, than the duke of Queensbury, (whom your majesty has so wisely chosen to represent you in this, and of whose eminent loyalty and great abilities in all his former employments, this nation hath seen so many proofs.) shall find from " May it please your sacred majesty, your majesty's most humble, most faithful, and most obedient subjects and servants, " Perth, Cancell." Nor was this spirit of loyalty, (as it was then called,) of abject slavery, and unmanly subservience to the will of a despot, as it has been justly denominated by the more im- partial judgment of posterity, confined to words only. Acts were passed to ratify all the late judgments, however illegal or iniquitous, to indemnify the privy council, judges, and all officers of the crown, civil or military, for all the violences they had committed; to authorise the privy council to impose the test upon all ranks of people under such penalties as that board might think fit to impose; to extend the punishment of death, which had formerly attached upon the preachers at field conventicles only, to all their auditors, and likewise to the preachers at house conventicles; to subject to the penalties of treason all persons who should give or take the covenant, or write in defence thereof, or in any other way own it to be obligatory; and lastly, in a strain of tyranny, for which there was, it is believed, no precedent, and which certainly has never been surpassed, to enact that all such persons as being cited in cases of high treason, field or house conventicles, or church irregularities, should refuse to give testimony, should be liable to the punishment due bylaw to the criminals against whom they refused to be witnesses. It is true that an act was also passed for confirming all former statutes in 362 HISTORY OF THE REIGN OF JAMES II. [1685. favour of the protestant religion as then established, in their whole strength and tenour, as if they were particularly set down and expressed in the said act; but when we recollect the notions which Queensbury at that time entertained of the king's views, this proceeding forms no exception to the general system of servility which characterised both ministers and parliament. All matters in relation to revenue were of course settled in the manner most agreeable to his majesty's wishes and the recommendation of his commissioner. While the legislature was doing its part, the executive government was not behindhand in pursuing the system which had been so much commended. A refusal to abjure the declaration in the terms prescribed, was everywhere con- sidered as sufficient cause for immediate execution. In one part of the country, information having been received that a corpse had been clandestinely buried, an inquiry took place; it was dug up, and found to be that of a person proscribed. Those who had interred him were suspected, not of having murdered, but of having harboured him. For this crime their house was destroyed, and the women and children of the family being driven out to wander as vagabonds, a young man belonging to it was executed by the order of Johnston of Westerraw. Against this murder even Graham himself is said to have remonstrated, but was content with pro- testing, that the blood was not upon his head; and not being able to persuade a highland officer to execute the order of Johnston, ordered his own men to shoot the unhappy victim. 1 In another county, three females, cneof sixty-three years of age, one of eighteen, and one of twelve, were charged with rebellion; and refusing to abjure the declaration, were sentenced to be drowned. The last was let off upon condition of her father's giving a bond for a hundred pounds. The elderly woman, who is represented as a person of eminent piety, bore her fate with the greatest constancy, nor does it appear that her death excited any strong sensations in the minds of her savage executioners. The girl of eighteen was more pitied; and after many intreaties, and having been once under water, was prevailed upon to utter some words which might be fairly construed into blessing the king, a mode of obtaining pardon not unfrequent in cases where the 1 Wooclrow, ii. 507. 1685.] OPENING OF THE ENGLISH PARLIAMENT. 363 persecutors were inclined to relent. Upon this it was thought she was safe, but the merciless barbarian who superintended this dreadful business was not satisfied; and upon her refus- ing the abjuration, she was again plunged into the water, where she expired. 1 It is to be remarked that being at Both- well bridge and Air's moss were among the crimes stated in the indictment of all the three, though, when the last of these affairs happened, one of the girls was only thirteen, and the other not eight years of age. At the time of the Bothwell bridge business, they were still younger. To recite all the instances of cruelty which occurred would be endless; but it maybe necessary to remark that no historical facts are better ascer- tained than the accounts of them which are to be found in TToodrow. In every instance where there has been an op- portunity of comparing these accounts with records, and other authentic monuments, they appear to be quite correct. The Scottish parliament having thus set, as they had been required to do, an eminent example of what was then thought duty to the crown, the king met his English parliament on the 19th of May, 1685, and opened it with the following speech: — " My lords and gentlemen, — After it pleased Almighty God to take to his mercy the late king, my dearest brother, and to bring me to the peaceable possession of the throne of my ancestors, I immediately resolved to call a parliament, as the best means to settle everything upon those foundations as may make my reign both easy and happy to you; towards which, I am disposed to contribute all that is fit for me to do. " What I said to my privy council, at my first coming there, I am desirous to renew to you; wherein I fully declare my opinion concerning the principles of the church of Eng- land, whose members have showed themselves so eminently loyal in the worst of times, in defence of my father and sup- port of my brother, (of blessed memory,) that I will always take care to defend and support it. I will make it my endea- vour to preserve this government, both in church and state, as it is by law established: and as IwiH never depart from the just rights and prerogatives of the crown, so I will never 1 Woodrow, ii. 506. 364 HISTORY OF THE REIGN OF JAMES II. [1685. invade any man's property; and you may be sure that having heretofore ventured my life in the defence of this nation, I will still go as far as any man in preserving it in all its just rights and liberties. " And having given this assurance concerning the care I will have of your religion and property, which I have chose to do in the same words which I used at my first coming to the crown, the better to evidence to you that I spoke them not by chance, and consequently that you may firmly rely upon a promise so solemnly made, I cannot doubt that I shall fail of suitable returns from you, with all imaginable duty and kindness on your part, and particularly to what relates to the settling of my revenue, and continuing it during my life, as it was in the lifetime of my brother. I might use many arguments to enforce this demand for the benefit of trade, the support of the navy, the necessity of the crown, and the well-being of the government itself, which I must not suffer to be precarious: but I am confident, your own consideration of what is just and reasonable will suggest to you whatsoever might be enlarged upon this occasion. " There is one popular argument which I foresee may be used against what I ask of you, from the inclination men have for frequent parliaments; which some may think would be the best security, by feeding me, from time to time, by such proportions as they shall think convenient : And this argument, it being the first time I speak to you from the throne, I will answer, once for all, that this w^ould be a very improper method to take with me; and that the best way to engage me to meet you often is always to use me well. " I expect therefore, that you will comply with me in what I have desired, and that you will do it speedily; that this may be a short session, and that we may meet again to all our satisfactions. " My lords and gentlemen, — I must acquaint you, that I have had news this morning from Scotland that Argyle is landed in the West Highlands, with the men he brought with him from Holland: that there are two declarations published; one in the name of all those in arms, the other in his own. It would be too long for me to repeat the substance of them; it is sufficient to tell you, I am charged w T ith usurpation and tyranny. The shorter of them I have directed to be forth- with communicated to you. 1685.] the king's speech examined. 365 " I will take the best care I can that this declaration of their own faction and rebellion may meet with the reward it deserves; and I will not doubt but you will be the more zealous to support the government, and give me my revenue, as I have desired it, without delay." The repetition of the w^ords made use of in his first speech to the privy council shows, that in the opinion of the court at least they had been w r ell chosen, and had answered their purpose; and even the haughty language which was added, and was little less than a menace to parliament if it should not comply with his wishes, was not, as it appears, unpleasing to the party which at that time prevailed, since the revenue enjoyed by his predecessor was unanimously, and almost immediately, voted to him for life. It was not remarked, in public at least, that the king's threat of governing without parliament, was an unequivocal manifestation of his contempt of the law of the country, so distinctly established, though so ineffectually secured by the statute of the sixteenth of Charles II., for holding triennial parliaments. It is said, lord- keeper Guildford had prepared a different speech for his majesty, but that this was preferred as being the king's ow r n words; 1 and indeed that part of it, in which he says that he must answer once for all, that the commons giving such pro- portions as they might think convenient would be a very improper w r ay with him, bears, as well as some others, the most evident marks of its royal origin. It is to be observed, how- ever, that in arguing for his demand, as he styles it, of revenue, he says, not that the parliament ought not, but that he must not suffer the well-being of the government depend- ing upon such revenue to be precarious; whence it is evident that he intended to have it understood, that if the parliament did not grant, he purposed to levy a revenue without their consent. It is impossible that any degree of party spirit should so have blinded men as to prevent them from per- ceiving in this speech a determination on the part of the king to conduct his government upon the principles of absolute monarchy, and to those who were not so possessed with the love of royalty, which creates a kind of passionate affection for whoever happens to be the wearer of the crown, the vindictive manner in which he speaks of Argyle's inva- 1 Life of Lord Keeper North. Ralph. 366 HISTORY OF THE REIGN OF JAMES II. [1685. sion might afford sufficient evidence of the temper in which his power would be administered. In that part of his speech he first betrays his personal feelings towards the unfortunate nobleman, whom, in his brother's reign, he had so cruelly and treacherously oppressed, by dwelling upon his being charged by Argyle with tyranny and usurpation, and then declares, that he will take the best care, not according to the usual phrases, to protect the loyal and well disposed, and to restore tranquillity, but that the declaration of the factious and re- bellious may meet with the reward it deserves; thus marking out revenge and punishment as the consequences of victory, upon which he was most intent. It is impossible, that in a house of commons, however com- posed, there should not have been many members who dis- approved the principles of government announced in the speech, and who were justly alarmed at the temper in which it was conceived. But these, overpowered by numbers, and perhaps afraid of the imputation of being concerned in plots and insurrections, (an imputation which, if they had shown any spirit of liberty, would most infallibly have been thrown on them,) declined expressing their sentiments; and, in the short session which followed, there was an almost uninter- rupted unanimity in granting every demand, and acquiescing in every wish of the government. The revenue was granted, without any notice being taken of the illegal manner in which the king had levied it upon his own authority. Argyle was stigmatised as a traitor; nor was any desire expressed to examine his declarations, one of which seemed to be purposely withheld from parliament. Upon the communication of the duke of Monmouth's landing in the west, that nobleman was immediately attainted by bill. The king's assurance was recognised as a sufficient security for the national religion; and the liberty of the press was destroyed by the revival of the statute of the 13th and 14th of Charles II. This last circumstance, important as it is, does not seem to have ex- cited much attention at the time, which, considering the general principles then in fashion, is not surprising. That it should have been scarcely noticed by any historian, is more wonderful. It is true, however, that the terror inspired by the late prosecutions for libels, and the violent conduct of the courts upon such occasions, rendered a formal destruction of 1685.] MISREPRESENTATION OF MR. HUME. 367 tlie liberty of the press a matter of less importance. So little does the magistracy, when it is inclined to act tyrannically, stand in need of tyrannical laws to effect its purpose. The bare silence and acquiescence of the legislature is, in such a case, fully sufficient to annihilate practically speaking, every right and liberty of the subject. As the grant of revenue was unanimous, so there does not appear to have been anything which can justly be styled a debate upon it; though Hume employs, several pages in giving the arguments which, he affirms, were actually made use of, and, as he gives us to understand, in the house of commons, for and against the question; arguments which, on both sides, seem to imply a considerable love of freedom and jealousy of royal power, and are not wholly unmixed even with some sentiments disrespectful to the king. Now I cannot find, either from tradition, or from contemporary writers, any ground to think that either the reasons which Hume has ad- duced, or indeed any other, were urged in opposition to the grant. The only speech made upon the occasion, seems to have been that of Mr. (afterwards sir Edward) Seymour, who, though of the tory party, a strenuous opposer of the exclusion bill, and in general supposed to have been an ap- prover, if not an adviser, of the tyrannical measures of the late reign, has the merit of having stood forward singly, to remind the house of what they owed to themselves and their constituents. He did not, however, directly oppose the grant, but stated, that the elections had been carried on under so much court influence, and in other respects so illegally, that it was the duty of the house first to ascertain who were the legal members, before they proceeded to other business of im- portance. After having pressed this point, he observed that, if ever it were necessary to adopt such an order of proceed- ing, it w^as more peculiarly so now, when the laws and re- ligion of the nation were in evident peril; that the aversion of the English people to popery, and their attachment to the laws were such, as to secure these blessings from destruction by any other instrumentality than that of parliament itself, which, however, might be easily accomplished, if there were once a parliament entirely dependent upon the person- who might harbour such designs; that it was already rumoured 368 HISTORY OF THE REIGN OF JAMES II. [1685. that the Test and Habeas Corpus acts, the two bulwarks of our religion and liberties, were to be repealed; that what he stated was so notorious as to need no proof. Having descanted with force and ability upon these and other topics of a similar tendency, he urged his conclusion, that the question of royal revenue ought not to be the first business of the parliament. 1 Whether, as Burnet thinks, because he was too proud to make any previous communication of his intentions, or that the strain of his argument was judged to be too bold for the times, this speech, whatever secret approbation it might excite, did not receive from any quarter either applause or support. Under these circumstances it was not thought necessary to answer him, and the grant was voted unanimously, without further discussion. As Barillon, in the relation of parliamentary proceedings, transmitted by him to his court, in which he appears at this time to have been very exact, gives the same description of Seymour's speech and its effects with Burnet, there can be little doubt but their account is correct. It will be found as well in this, as in many other instances, that an unfortunate inattention on the part of the reverend historian to forms, has made his veracity unjustly called in question. He speaks of Seymour's speech as if it had been a motion in the techni- cal sense of the word, for inquiring into the elections, which had no effect. Now no traces remaining of such a motion, and, on the other hand, the elections having been at a subsequent period inquired into, Ralph almost pronounces the whole ac- count to be erroneous; whereas the only mistake consists in giving the name of motion to a suggestion, upon the question of a grant. It is whimsical enough, that it should be from the account of the French ambassador that we are enabled to reconcile to the records and to the forms of the English house of commons, a relation made by a distinguished mem- ber of the English house of lords. Sir John Reresby does indeed say, that among the gentlemen of the house of commons whom he accidentally met, they in general seemed willing to settle a handsome revenue upon the king, and to give him money; but whether their grant should be permanent, or only temporary, and to be renewed from time to time by parlia- 1 Burnet, ii. 322. 1685.] VOTES CONCERNING RELIGION. 369 ment, that the nation might be often consulted, was the ques- tion. 1 But besides the looseness of the expression, which may only mean that the point was questionable, it is to be observed, that he does not relate any of the arguments which w r ere brought forward even in the private conversations to which he refers; and when he afterwards gives an account of what passed in the house of commons, (where he was present,) he does not hint at any debate having taken place, but rather implies the contrary. This misrepresentation of Mr. Hume's is of no small im- portance, inasmuch as, by intimating that such a question could be debated at all, and much more, that it was debated with the enlightened views and bold topics of argument with which his genius has supplied him, he gives us a very false notion of the character of the parliament and of the times which he is describing. It is not improbable, that if the arguments had been used, which this historian supposes, the utterer of them would have been expelled, or sent to the Tower; and it is certain that he would not have been heard with any degree of attention or even patience. The unanimous vote for trusting the safety of religion to the king's declaration, passed not without observation; the rights of the church of England being the only point upon which, at this time, the parliament were in any degree jealous of the royal power. The committee of religion had voted unanimously, " That it is the opinion of the committee, that this house will stand by his majesty with their lives and fortunes, according to their bounden duty and allegiance, in defence of the reformed church of England, as it is now by law established; and that an humble address be presented to his majesty, to desire him to issue forth his royal proclama- tion, to cause the penal laws to be put in execution against all dissenters from the church of England whatsoever." But upon the report of the house, the question of agreeing with the committee was evaded by a previous question, and the house, with equal unanimity, resolved: "That this house doth acquiesce, and entirely rely, and rest wholly satisfied, on his majesty's gracious word, and repeated declaration to support and defend the religion of the church of England, as 1 Reresby's Memoirs, 102. B B 370 HISTORY OF THE REIGN OF JAMES II. [1685. it is now by law established, which is dearer to us than our lives." Mr. Echard, and bishop Kennet, two writers of different principles, but both churchmen, assign, as the motive of this vote, the unwillingness of the party then pre- valent in parliament to adopt severe measures against the protestant dissenters ; but in this notion they are by no means supported by the account, imperfect as it is, which sir John Reresby gives of the debate; for he makes no mention of tenderness towards dissenters, but states, as the chief argu- ment against agreeing with the committee, that it might excite a jealousy of the king; 1 and Barillon expressly says, that the first vote gave great offence to the king, still more to the queen, and that orders were, in consequence, issued to the court members of the house of commons to devise some means to get rid of it. Indeed, the general circumstances of the times are decisive against the hypothesis of the two reverend historians; nor is it, as far as I know, adopted by any other historians. The probability seems to be, that the motion in the committee had been originally suggested by some whig member, who could not, with prudence, speak his real sentiments openly, and who thought to embarrass the government, by touching upon a matter where the union between the church party and the king would be put to the severest test. The zeal of the tories for persecution made them at first give into the snare; but when, upon reflection, it occurred that the involving of the catholics in one common danger with the protestant dissenters, must be displeasing to the king, they drew back without delay, and passed the most comprehensive vote of confidence which James could desire. 2 Further to manifest their servility to the king, as well as their hostility to every principle that could by implication be supposed to be connected with Monmouth or his cause, the 1 Ecliard. Kennet, 441. Reresby, 198. 2 A most curious instance of the circuitous mode and deep devices to which the whigs, if they wished at this time to oppose the court, were obliged to resort, is a scheme which seems to have been seriously enter- tained by them, of moving to disqualify from office all persons who had voted for the exclusion. Disqualification from offices, which they had no means of obtaining, was to them of no importance, and by obliging the king to remove Godolphin, and more especially Sunderland, they might put the court to considerable difficulties. 1685.] BILL FOR PRESERVING THE KING'S PERSON. 371 house of commons passed a bill for the preservation of his majesty's person, in which, after enacting that a written or verbal declaration of a treasonable intention should be tanta- mount to a treasonable act, they inserted two remarkable clauses, by one of which to assert the legitimacy of Monmouth's birth, by the other, to propose in parliament any alteration in the succession of the crown, were made likewise high treason. We learn from Burnet, 1 that the first part of this bill was strenuously and warmly debated, and that it was chiefly op- posed by serjeant Maynard, whose arguments made some impression even at that time; but whether the serjeant was supported in his opposition, as the word chiefly would lead us to imagine, or if supported, by whom, that historian does not mention; and, unfortunately, neither of MaynarcVs speech itself, nor indeed of any opposition whatever to the bill, is there any other trace to be found. The crying injustice of the clause which subjected a man to the pains of treason merely for delivering his opinion upon a controverted fact, though he should do no act in consequence of such opinion, was not, as far as we are informed, objected to or at all noticed, unless indeed the speech above alluded to, in which the speaker is said to have descanted upon the general danger of making words treasonable, be supposed to have been applied to this clause as well as to the former part of the bill. That the other clause should have passed without opposition or even 1 Balph unjustly accuses Burnet of inaccuracy on this occasion, and asserts, " That unfortunately for us, or this right reverend author, there is not the least trace of any such bill to be foimd in any of the accounts of this parliament extant; and therefore we are under a necessity to suppose, that if any such clause was offered, it was by way of supplement to the hill for the preservation of his majesty's person and government, whir doubt, was strict enough, and which passed the house of commons while Monmouth was in arms, just before the adjournment, but never reached the lords," ii. 911. Now, the enactment to which the bishop alludes, was Dot, as Ealph supposes, a supplement to the bill for the preservation of hie ma- jesty's person, but made part of the very first clause of it; ami the only in- accuracy, if indeed it deserves that name, of which Burnet i- guilty, i^ that of calling the bill what it really was, a Bill for Declaring 'I reasons, and not giving it its formal title of a' Bill for the Preservation of II, Person, &c. The bill is preserved among the papers of the boos mons ; and whoever peruses with attention some of oni I will perceive, that though not adduced as a precedent of the inauspicious reign in which it made its appefl often been used as a model. B B 2 372 HISTORY OF THE REIGN OF JAMES II. [1685. observation, must appear still more extraordinary, when we advert, not only to the nature of the clause itself, but to the circumstances of there being actually in the house no incon- siderable number of members who had, in the former reign, repeatedly voted for the exclusion bill. It is worthy of notice, however, that while every principle of criminal jurisprudence, and every regard to the funda- mental rights of the deliberative assemblies, which make part of the legislature of the nation, were thus shamelessly sacri- ficed to the eagerness which, at this disgraceful period, so generally prevailed of manifesting loyalty, or rather abject servility to the sovereign, there still remained no small degree of tenderness for the interests and safety of the church of England, and a sentiment approaching to jealousy upon any matter which might endanger, even by the most remote con- sequences, or put any restriction upon her ministers. With this view, as one part of the bill did not relate to treasons only, but imposed new penalties upon such as should, by writing, printing, preaching, or other speaking, attempt to bring the king or his government into hatred or contempt, there was a special proviso added, " that the asserting and maintaining, by any writing, printing, preaching, or any other speaking, the doctrine, discipline, divine worship, or government of the church of England as it is now by law established, against popery or any other different or dissenting opinions, is not intended, and shall not be interpreted or construed to be any oifence within the words or meaning of this act." It cannot escape the reader, that only such attacks upon popery as were made in favour of the doctrine and discipline of the church of England, and no other, were protected by this proviso, and consequently that, if there were any real occasion for such a guard, all protestant dissenters who should write or speak against the Roman superstition, were wholly unprotected by it, and remained exposed to the danger, whatever it might be, from which the church was so anxious to exempt her sup- porters. This bill passed the house of commons, and was sent up to the house of lords on the 30th of June. It was read a first time on that day, but the adjournment of both houses taking place on the 2nd of July, it could not make any further pro- gress at that time; and when the parliament met afterwards 1685.] THE REVENUE BILL. 373 in autumn, there was no longer that passionate affection for the monarch, nor consequently that ardent zeal for servitude which were necessary to make a law with such clauses and provisos palatable or even endurable. It is not to be considered as an exception to the general complaisance of parliament, that the speaker, when he pre- sented the revenue bill, made use of some strong expressions, declaring the attachment of the commons to the national religion. 1 Such sentiments could not be supposed to be dis- pleasing to James, after the assurances he had given of his regard for the church of England. Upon this occasion his majesty made the following speech: — " My lords and gentlemen, — I thank you very heartily for the bill you have presented me this day; and I assure you, the readiness and cheerfulness that has attended the despatch of it, is as acceptable to me as the bill itself. " After so happy a beginning, you may believe I would not call upon you unnecessarily for an extraordinary supply; but when I tell you, that the stores of the navy and ordnance are extremely exhausted, that the anticipations upon several branches of the revenue are great and burthensome; that the debts of the king, my brother, to his servants and family, are such as deserve compassion; that the rebellion in Scotland, without putting more weight upon it than it really deserves, must oblige me to a considerable expense extraordinary: I am sure, such considerations will move you to give me an aid to provide for those things, wherein the security, the ease, and the happiness of my government are so much con- cerned. But above all, I must recommend to you the care of the navy, the strength and glory of this nation; that you will put it into such a condition as may make us considered and respected abroad. I cannot express my concern upon this occasion more suitable to my own thoughts of it than by assuring you I have a true English heart, as jealous of the honour of the nation as you can be; and I please myself with the hopes, that by God's blessing and your assistance, I 1 " The commons of England have here presented your majesty with the Bill of Tonnage and Poundage, -with all readiness and cheerfulness : and that without any security for their religion, though it be dearer to them than their lives, relying -wholly on your royal word for the security of it ; and humbly beseech your majesty to accept this their offer," &C. — Ketmet, ii. 421 . 374 HISTORY OF THE REIGN OF JAMES II. [1685. may carry the reputation of it yet higher in the world than ever it has been in the time of any of my ancestors; and as I will not call upon you for supplies but when they are of public use and advantage, so I promise you, that what you give me upon such occasions shall be managed with good husbandry; and I will take care it shall be employed to the uses for which I ask them." Rapin, Hume, and Ralph, observe upon this speech, that neither the generosity of the commons' grant, nor the confi- dence they expressed upon religious matters, could extort a kind word in favour of their religion. But this observation, whether meant as a reproach to him for his want of gracious feeling to a generous parliament, or as an oblique compliment to his sincerity, has no force in it. His majesty's speech was spoken immediately upon passing the bills which the speaker presented, and he could not therefore take notice of the speaker's words, unless he had spoken extempore; for the custom is not, nor I believe ever was, for the speaker to give beforehand copies of addresses of this nature. James would not certainly have scrupled to repeat the assurances which he had so lately made in favour of the protestant reli- gion, as he did not scruple to talk of his true English heart, honour of the nation, &c, at a time when he w T as engaged w r ith France; but the speech was prepared for an answer to a money bill, not for a question of the protestant religion and church, and the false professions in it are adapted to what was supposed to be the only subject of it. The only matter in which the king's views were in any degree thwarted, was the reversal of lord Stafford's attainder, which, having passed the house of lords, not without opposi- tion, was lost in the house of commons; a strong proof that the popish plot was still the subject upon which the opposers of the court had most credit with the public. Mr. Hume, notwithstanding his just indignation at the condemnation of Stafford, and his general inclination to approve of royal politics, most unaccountably justifies the commons in their rejection of this bill, upon the principle of its being impolitic at that time to grant so full a justification of the catholics, and to throw so foul an imputation upon the protestants. Surely if there be one moral duty that is binding upon men in all times, places, and circumstances, and from which no 1685.] CHARACTER OF THE CHURCH PARTY. 375 supposed views of policy can excuse them, it is that of grant- ing a full justification to the innocent; and such Mr. Hume considers the catholics, and especially lord Stafford to have been. The only rational way of accounting for this solitary instance of non-compliance on the part of the commons, is either to suppose that they still believed in the reality of the popish plot, and Stafford's guilt, or that the church party, which was uppermost, had such an antipathy to popery, as indeed to every sect whose tenets differed from theirs, that they deemed everything lawful against its professors. On the 2nd of July, parliament was adjourned for the purpose of enabling the principal gentlemen to be present in their respective counties, at a time when their services and influence might be so necessary to government. It is said that the house of commons consisted of members so devoted to James, that he declared there were not forty in it whom he would not himself have named. But although this may have been true, and though from the new modelling of the corporations, and the interference of the court in elections, this parliament, as far as regards the manner of its being chosen, was by no means a fair representative of the legal electors of England, yet there is reason to think that it afforded a tolerably correct sample of the disposition of the nation, and especially of the church party, which was then uppermost. The general character of the party at this time appears to have been a high notion of the king's constitutional power, to which was superadded a kind of religious abhorrence of all resistance to the monarch, not only in cases where such resistance was directed against the lawful prerogative, but even in opposition to encroachments, which the monarch might make beyond the extended limits which they assigned to his prerogative. But these tenets, and still more the principle of conduct naturally resulting from them, were con- fined to the civil, as contradistinguished from the ecclesiastical polity of the country. In church matters they neither ac- knowledged any very high authority in the crown, nor were they willing to submit to any royal encroachment on tli.it side; and a steady attachment to the church of England, with a proportionable aversion to all dissenters from it, whether catholic or protestant, was almost universally prevalent among 376 HISTORY OF THE REIGN OF JAMES II. [1685. them. A due consideration of these distinct features in the character of a party so powerful in Charles's and in James's time, and even when it was lowest, (that is, during the reigns of the two first princes of the house of Brunswick,) by no means inconsiderable, is exceedingly necessary to the right understanding of English history. It affords a clue to many passages otherwise unintelligible. For want of a proper attention to this circumstance, some historians have con- sidered the conduct of the tories in promoting the revolution as an instance of great inconsistency. Some have supposed, contrary to the clearest evidence, that their notions of passive obedience, even in civil matters, were limited, and that their support of the government of Charles and James was founded upon a belief that those princes would never abuse their pre- rogative for the purpose of introducing arbitrary sway. But this hypothesis is contrary to the evidence both of their declarations and their conduct. Obedience without reserve, an abhorrence of all resistance, as contrary to the tenets of their religion, are the principles which they professed in their addresses, their sermons, and their decrees at Oxford; and surely nothing short of such principles could make men esteem the latter years of Charles II., and the opening of the reign of his successor, an era of national happiness and exemplary government. Yet this is the representation of that period, which is usually made by historians and other writers of the church party. " Never were fairer promises on one side, nor greater generosity on the other," says Mr. Echard. " The king had as yet, in no instance, invaded the rights of his subjects," says the author of the Caveat against the Whigs. Thus, as long as James contented himself with absolute power in civil matters, and did not make use of his authority against the church, everything went smooth and easy; nor is it necessary, in order to account for the satisfaction of the parliament and people, to have recourse to any implied com- promise by which the nation was willing to yield its civil liberties as the price of retaining its religious constitution. The truth seems to be, that the king, in asserting his un- limited power, rather fell in with the humour of the prevailing party than offered any violence to it. Absolute power in civil matters, under the specious names of monarchy and prerogative, formed a most essential part of the tory creed; 1685.] SITUATION OF THE WHIGS. 377 but the order in which church and king are placed in the favourite device of the party, is not accidental, and is well calculated to show the genuine principles of such among them as are not corrupted by influence. Accordingly, as the sequel of this reign will abundantly show, when they found them- selves compelled to make an option, they preferred, without any degree of inconsistency, their first idol to their second, and when they could not preserve both church and king, declared for the former. It gives certainly no very flattering picture of the country to describe it as being in some sense fairly represented by this servile parliament, and not only acquiescing in, but delighted with the early measures of James's reign; the con- tempt of law exhibited in the arbitrary mode of raising his revenue; his insulting menace to the parliament, that if they did not use him well, he would govern without them; his furious persecution of the protestant dissenters, and the spirit of despotism which appeared in all his speeches and actions. But it is to be remembered, that these measures were in nowise contrary to the principles or prejudices of the church party, but rather highly agreeable to them; and that the whigs, who alone were possessed of any just notions of liberty, were so out-numbered and discomfited by persecu- tion, that such of them as did not think fit to engage in the rash schemes of Monmouth or Argyle, held it to be their interest to interfere as little as possible in public affairs, and by no means to obtrude upon unwilling hearers opinions and sentiments which, ever since the dissolution of the Oxford parliament, in 1681, had been generally discountenanced, and of which the peaceable, or rather triumphant accession of James to the throne was supposed to seal the condem- nation. 378 HISTORY OF THE REIGN OF JAMES II. [168Ï CHAPTER III. Attempts of Argyle and Monmouth — Account of their followers — Argyle's expedition discovered — His descent in Argyleshire — Dissensions among his followers — Loss of his shipping — His army dispersed, and himself taken prisoner — His behaviour in prison — His execution — The fate of his followers — Rumbold's last declaration examined — Monmouth's invasion of England — His first success and reception — His delays, dis- appointment, and despondency— Battle of Sedgmoor — He is discovered and taken — His letter to the king — His interview with James — His preparations for death — Circumstances attending his execution — His character. It is now necessary to give some account of those attempts in Scotland by the earl of Argyle, and in England by the duke of Monmouth, of which the king had informed his parliament in the manner recited in the preceding chapter. The earl of Argyle was son to the marquis of Argyle, of whose unjust execution, and the treacherous circumstances accompanying it, notice has already been taken. He had in his youth been strongly attached to the royal cause, and had refused to lay down his arms till he had the exiled king's positive orders for that purpose. But the merit of his early services could neither save the life of his father, nor even procure for himself a complete restitution of his family honours and estates; and not long after the restoration, upon an accusation of leasing -making, an accusation founded, in this instance, upon a private letter to a fellow- subject, in which he spoke with some freedom of his majesty's Scottish ministry, he was condemned to death. The sentence was suspended and finally remitted, but not till after an impri- soment of twelve months and upwards. In this affair he was much assisted by the friendship of the duke of Lauderdale, 1685.] DUKE OF MONMOUTH. 379 with whom he ever afterwards lived upon terms of friend- ship, though his principles would not permit him to give active assistance to that nobleman in his government of Scot- land. Accordingly, we do not, during that period find Argyle's name among those who held any of those great employments of state to which, by his rank and consequence, he was natu- rally entitled. When James, then duke of York, was ap- pointed to the Scottish government, it seems to have been the earl's intention to cultivate his royal highness's favour, and he was a strenuous supporter of the bill which condemned all attempts at exclusions or other alterations in the succession of the crown. But having highly offended that prince by insisting, on the occasion of the test, that the royal family, when in office, should not be exempted from taking that oath w r hich they imposed upon subjects in like situations, his royal highness ordered a prosecution against him, for the explanation with which he had taken the test oath at the council-board, and the earl was, as we have seen, again con- demned to death. From the time of his escape from prison, he resided wholly in foreign countries, and was looked to as a principal ally by such of the English patriots as had at any time entertained thoughts, whether more or less ripened, of delivering their country. James duke of Monmouth was the eldest of the late king's natural children. In the early parts of his life, he held the first place in his father's affections; and even in the height of Charles's displeasure at his political conduct, attentive ob- servers thought they could discern that the traces of paternal tenderness were by no means effaced. Appearing at court in the bloom of youth, with a beautiful figure and engaging manners, known to be the darling of the monarch, it is no wonder that he was early assailed by the arts of flattery; and it is rather a proof that he had not the strongest of all minds, than of any extraordinary weakness of character, that he was not proof against them. He had appeared with some distinc- tion in the Flemish campaigns, and his conduct had been noticed with the approbation of the commanders, as well Dutch as French, under whom he had respectively served His courage was allowed by all, his person admired, his gene- rosity loved, his sincerity confided in. If his talents were not of the first rate, they were by no means contemptible; and he 380 HISTORY OF THE REIGN OF JAMES II. [1685. possessed, in an eminent degree, qualities which, in popular government, are far more effective than the most splendid talents; qualities by which he inspired those who followed him, not only with confidence and esteem, but with affection, enthusiasm, and even fondness. Thus endowed, it is not surprising that his youthful mind was fired with ambition, or that he should consider the putting himself at the head of a party (a situation for which he seems to have been pecu- liarly qualified by so many advantages) as the means by which he was most likely to attain his object. Many circumstances contributed to outweigh the scruples which must have harassed a man of his excellent nature, when he considered the obligations of filial duty and grati- tude, and when he reflected that the particular relation in which he stood to the king rendered a conduct, which in any other subject would have been meritorious, doubtful, if not extremely culpable in him. Among these, not the least was the declared enmity winch subsisted between him and his uncle, the duke of York. The earl of Mulgrave, afterwards duke of Buckinghamshire, boasted in his Memoirs, that this enmity was originally owing to his contrivances; and while he is relating a conduct, upon which the only doubt can be, whether the object or the means were the most infamous, seems to applaud himself as if he had achieved some notable exploit. While, on the one hand, a prospect of his uncle's succession to the crown was intolerable to him, as involving in it a certain destruction of even the most reasonable and limited views of ambition which he might entertain, he was easily led to believe, on the other hand, that no harm, but the reverse, was intended towards his royal father, whose reign and life might become precarious if he obstinately persevered in supporting his brother; whereas., on the contrary, if he could be persuaded, or even forced, to yield to the wishes of his subjects, he might long reign a powerful, happy, and popular prince. It is also reasonable to believe, that with those personal and private motives, others might co-operate of a public- nature and of a more noble character. The protestant reli- gion, to which he seems to have been sincerely attached, would be persecuted, or perhaps exterminated, if the king should be successful in his support of the duke of York and 1685.] POLITICAL MOTIVES OF HIS CONDUCT. 381 his faction. At least, such was the opinion generally preva- lent, while, with respect to the civil liberties of the country, no doubt could be entertained, that if the court party pre- vailed in the struggle then depending, they would be com- pletely extinguished. Something may be attributed to his admiration of the talents of some, to his personal friendship for others among the leaders of the whigs, more to the apti- tude of a generous nature to adopt, and, if I may so say, to become enamoured of those principles of justice, benevolence, and equality, which form the true creed of the party which he espoused. I am not inclined to believe that it was his con- nexion with Shaftesbury that inspired him with ambitious views, but rather to reverse cause and effect, and to suppose that his ambitious views produced his connexion with that nobleman; and whoever reads with attention lord Grey's account of one of the party meetings at which he was present, will perceive that there was not between them that perfect cordiality which has been generally supposed ; but that Russell, Grey, and Hampden, were upon a far more confidential foot- ing with him. It is far easier to determine generally, that he had high schemes of ambition, than to discover what was his precise object; and those who boldly impute to him the intention of succeeding to the crown, seem to pass by several weighty arguments, which make strongly against their hypo- thesis; such as his connexion with the duchess of Ports- mouth, who, if the succession were to go to the king's illegi- timate children, must naturally have been for her own son; his unqualified support of the exclusion bill, which without indeed mentioning her, most unequivocally settled the crown, in case of a demise, upon the princess of Orange; and, above all, the circumstance of his having, when driven from Eng- land, twice chosen Holland for his asylum. By his cousins he was received, not so much with the civility and decorum of princes, as with the kind familiarity of near relations, a re- ception to which he seemed to make every return of reciprocal cordiality. 1 It is not rashly to be believed, that he, who has never been accused of hardened wickedness, could have been upon such terms with, and so have behaved to, persons whom he purposed to disappoint in their dearest and best grounded hopes, and to defraud of their inheritance. 1 D'Avaux. 382 HISTORY OF THE REIGN OF JAMES II. [1685. Whatever his views might be, it is evident that they were of a nature wholly adverse, not only to those of the duke of York, but to the schemes of power entertained by the king, with which the support of his brother was intimately connected. Monmouth was therefore, at the suggestion of James, ordered by his father to leave the country, and de- prived of all his offices, civil and military. The pretence for this exile was a sort of principle of impartiality, which obliged the king, at the same time that he ordered his brother to retire to Flanders, to deal equal measure to his son. Upon the duke of York's return (which was soon after), Monmouth thought he might without blame return also; and persevering in his former measures and old connexions, became deeply involved in the cabals to which Essex, Russell, and Sidney fell martyrs. After the death of his friends, he surrendered him- self; and upon a promise that nothing said by him should be used to the prejudice of any of his surviving friends, wrote a penitentiary letter to his father, consenting, at the same time, to ask pardon of his uncle. A great parade was made of this by the court, as if it was designed by all means to goad the feelings of Monmouth: his majesty was declared to have par- doned him at the request of the duke of York, and his consent was required to the publication of what was called his con- fession. This he resolutely refused at all hazards, and was again obliged to seek refuge abroad, where he had remained to the period of w r hich we are now treating. A little time before Charles's death, he had indulged hopes of being recalled; and that his intelligence to that effect was not quite unfounded, or if false, was at least mixed with truth, is clear from the following circumstance: — From the notes found when he w^as taken, in his memorandum book, it appears that part of the plan concerted between the king and Monmouth's friend (probably Halifax), was that the duke of York should go to Scotland, 1 between which, and his being sent abroad again, Monmouth and his friends saw no material difference. Now in Barillon's letters to his court, dated the 7th of December, 1684, it appears that the duke of York had told that ambassador of his intended voyage to Scotland, though he represented it in a very different point of view, and said that it would not be attended with any diminution 1 Welwood's Memoirs. 1685.] EXILES FROM SCOTLAND. 383 of his favour or credit. This was the light in which Charles, to whom the expressions, " to blind my brother, not to make the duke of York fly out," and the like, were familiar, would certainly have shown the affair to his brother, and therefore of all the circumstances adduced, this appears to me to be the strongest in favour of the supposition, that there was in the king's mind a real intention of making an important, if not a complete, change in his councils and measures. Besides these two leaders, there were on the continent at that time several other gentlemen of great consideration. Sir Patrick Hume, of Polworth, had early distinguished himself in the cause of liberty. When the privy council of Scotland passed an order, compelling the counties to pay the expense of the garrisons arbitrarily placed in them, he refused to pay his quota, and by a mode of appeal to the court of session, which the Scotch lawyers call a bill of suspension, endea- voured to procure redress. The council ordered him to be imprisoned, for no other crime, as it should seem, than that of having thus attempted to procure, by a legal process, a legal decision upon a point of law. After having remained in close confinement in Stirling Castle, for near four years, he was set at liberty through the favour and interest of Mon- mouth. Having afterwards engaged in schemes connected with those imputed to Sidney and Russell, orders were issued for seizing him at his house in Berwickshire; but having had timely notice of his danger, from his relation, Hume of Nine- wells, a gentleman attached to the royal cause, 1 but whom party spirit had not rendered insensible to the ties of kindred and private friendship, he found means to conceal himself for a time, and shortly after to escape beyond sea. His conceal- ment is said to have been in the family burial-place, where the means of sustaining life were brought to him by his daughter, a girl of fifteen years of age, whose duty and affec- tion furnished her with courage to brave the terrors, as well superstitious as real, to which she was necessarily exposed in an intercourse of this nature. 2 Andrew Fletcher of Salton, a young man of great spirit, 1 It is not without some satisfaction, that I learn, upon inquiry, that this gentleman was the ancestor of Hume the historian, who, in similar circum- stances, would most certainly have followed his grandfather's example. 2 MS. account of sir P. Hume. 384 HISTORY OF THE REIGN OF JAMES II. [1685. had signalized himself in opposition to Lauderdale's adminis- tration of Scotland, and had afterwards connected himself with Argyle and Russell, and what was called the council of six. He had, of course, thought it prudent to leave Great Britain, and could not be supposed unwilling to join in any enterprise which might bid fair to restore him to his country, and his countrymen to their lost liberties, though, upon the present occasion, which he seems to have j udged to be unfit for the purpose, he endeavoured to dissuade both Argyle and Monmouth from their attempts. He was a man of much thought and reading, of an honourable mind, and a fiery spirit, and from his enthusiastic admiration of the ancients, supposed to be warmly attached, not only to republican prin- ciples, but to the form of a commonwealth. Sir John Coch- rane of Ochiltree had fled his country on account of the transactions of 1683. His property and connexions were considerable, and he was supposed to possess extensive in- fluence in Airshire and the adjacent counties. Such were the persons of chief note among the Scottish emigrants. Among the English, by far the most remarkable was Ford, lord Grey of Wark. A scandalous love intrigue with his wife's sister had fixed a very deep stain upon his private character; nor were the circumstances attending this affair, which had all been brought to light in a court of justice, by any means calculated to extenuate his guilt. His ancient family, however, the extensive influence arising from his large possessions, his talents, which appear to have been very considerable, and above all, his hitherto unshaken fidelity in political attachments, and the general steadiness of his conduct in public life, might in some degree countervail the odium which he had incurred on account of his private vices. Of Matthews, Wade, and Ayloff, whose names are mentioned as having both joined the preliminary councils, and done actual service in the invasions, little is known by which curiosity could be either gratified or excited. Richard Rumbold, on every account, merits more particular notice. He had formerly served in the republican armies; and adhering to the principles of liberty which he had imbibed in his youth, though nowise bigoted to the particular form of a commonwealth, had been deeply engaged in the politics of those who thought they saw an opportunity of rescuing their 1685.] RUMBOLD AND OTHER EXILES. 385 country from the tyrannical government of the late king. He was one of the persons denounced in Keeling's narrative, and was accused of having conspired to assassinate the royal brothers in their road to Newmarket; an accusation belied by the whole tenour of his life and conduct, and which, if it had been true, would have proved him, who was never thought a weak or foolish man, to be as destitute of common sense as of honour and probity. It was pretended that the seizure of the princes was to take place at a farm called Rye House, which he occupied in Essex for the purposes of his trade as a maltster; and from this circumstance was derived the name of the Rye House plot. Conscious of having done some acts which the law, if even fairly interpreted and equi- tably administered, might deem criminal, and certain that many which he had not done would be both sworn and be- lieved against him, he made his escape, and passed the remainder of Charles's reign in exile and obscurity ; nor is his name, as far as I can learn, ever mentioned from the time of the Rye House plot to that of which we are now treating. It is not to be understood that there were no other names upon the list of those who fled from the tyranny of the British government, or thought themselves unsafe in their native country, on account of its violence, besides those of the per- sons above mentioned, and of such as joined in their bold and hazardous enterprise. Another class of emigrants, not less sensible probably to the wrongs of their country, but less sanguine in their hopes of immediate redress, is ennobled by the names of Burnet the historian and Mr. Locke. It is difficult to accede to the opinion which the first of these seems to entertain, that though particular injustices had been com- mitted, the misgovernment had not been of such a nature as to justify resistance by arms. 1 But the prudential reasons against resistance at that time were exceedingly strong; and there is no point in human concerns wherein the dictates of virtue and worldly prudence are so identified as in this great question of resistance by force to established government. Success, it has been invidiously remarked, constitutes in most instances the sole difference between the traitor and the 1 Burnet, ii. 309. C C 386 HISTORY OF THE REIGN OF JAMES II. [1685. deliverer of his country. A rational probability of success, it may be truly said, distinguishes the well-considered enter- prise of the patriot, from the rash schemes of the disturber of the public peace. To command success is not in the power of man; but to deserve success, by choosing a proper time, as well as a proper object, by the prudence of his means, no less than by the purity of his views, by a cause not only in- trinsically just, but likely to insure general support, is the indispensable duty of him who engages in an insurrection against an existing government. Upon this subject, the opinion of Ludlow, who, though often misled, appears to have been an honest and enlightened man, is striking and forcibly expressed. " We ought," says he, " to be very careful and circumspect in that particular, and at least be assured of very probable grounds to believe the power under which we en- gage to be sufficiently able to protect us in our undertaking; otherwise I should account myself not only guilty of my own blood, but also, in some measure, of the ruin and destruction of all those that I should induce to engage with me, though the cause were never so just." 1 Reasons of this nature, mixed more or less with considerations of personal caution, and in some, perhaps, with dislike and distrust of the leaders, induced many, who could not but abhor the British govern- ment, to wait for better opportunities, and to prefer either submission at home, or exile, to an undertaking which, if not hopeless, must have been deemed by all hazardous in the extreme. In the situations in which these two noblemen, Argyle and Monmouth, were placed, it is not to be wondered at if they were naturally willing to enter into any plan, by which they might restore themselves to their country; nor can it be doubted but they honestly conceived their success to be intimately connected with the welfare, and especially with the liberty of the several kingdoms to which they respectively belonged. Monmouth, whether because he had begun at this time, as he himself said, to wean his mind from ambition, 2 or or from the observations he had made upon the apparently rapid turn which had taken place in the minds of the Eng- 1 Ludlow's Memoirs, p. 235. 2 Vide his letter in Werwood's Memoirs, and in Ralph, i. 953. 1685.] IMPATIENCE OF ARGYLE. 387 lish people, seems to have been very averse to rash counsels, and to have thought that all attempts against James ought at least to be deferred till some more favourable opportunity should present itself. So far from esteeming his chance of success the better, on account of there being in James's par- liament many members who had voted for the exclusion bill, he considered that circumstance as unfavourable. These men, of whom, however, he seems to have over-rated the number, would, in his opinion, be more eager than others to recover the ground they had lost, by an extraordinary show of zeal and attachment to the crown. But if Monmouth was inclined to dilatory counsels, far different were the views and designs of other exiles, who had been obliged to leave their country on account of their having engaged, if not with him personally, at least in the same cause with him, and who were naturally enough his advisers. Among these were lord Grey of Wark and Ferguson; though the latter afterwards denied his having had much intercourse with the duke, and the former, in his Narrative, 1 insinuates that he rather dis- suaded than pressed the invasion. But if Monmouth was inclined to delay, Argyle seems, on the other hand, to have been impatient in the extreme to bring matters to a crisis, and was of course anxious that the attempt upon England should be made in co-operation with his upon Scotland. Ralph, an historian of great acuteness as well as diligence, but who falls sometimes into the common error of judging too much from the event, seems to think this impatience wholly unaccountable; but Argyle may have had many motives which are now unknown to us. He may not improbably have foreseen, that the friendly terms upon which James and the prince of Orange affected at least to be, one with the other, might make his stay in the United Provinces impracticable, and that, if obliged to seek another asylum, not only he might have been deprived, in some measure, of the resources which he derived from his con- nexions at Amsterdam, but that the very circumstance of 1 It is, however, notorious that he did press Monmouth very much ; and this circumstance, if any were wanting, would sufficiently prove that his Narrative is very little to be relied upon, in any point where he conceived the falsification of a fact might serve him with the king, upon whose mercy his life at that time depended. c c 2 388 HISTORY OF THE REIGN OF JAMES II. [1685. his having been publicly discountenanced by the prince of Orange and the States-general, might discredit his enterprise. His eagerness for action may possibly have proceeded from the most laudable motives, his sensibility to the horrors which his countrymen were daily and hourly suffering, and his ardour to relieve them. The dreadful state of Scotland, while it affords so honourable an explanation of his impa- tience, seems to account also, in a great measure, for his act- ing against the common notions of prudence, in making his attack without any previous concert with those whom he expected to join him there. That this was his view of the matter is plain, as we are informed by Burnet that he depended not only on an army of his own clan and vassals, but that he took it for granted that the western and southern counties would all at once come about him, when he had gathered a good force together in his own country; and surely such an expectation, when we reflect upon the situa- tion of those counties, was by no means unreasonable. Argyle's counsel, backed by lord Grey and the rest of Monmouth's advisers, and opposed by none except Fletcher of Saltoun, to whom some add captain Matthews, prevailed, and it was agreed to invade immediately and at one time the two kingdoms. Monmouth had raised some money from his jewels, and Argyle had a loan of ten thousand pounds from a rich widow in Amsterdam. With these resources, such as they were, ships and arms were provided, and Argyle sailed from Vly on the 2nd of May, with three small vessels, ac- companied by sir Patrick Hume, sir John Cochrane, a few more Scotch gentlemen, and by two Englishmen, Ayloff, a nephew by marriage to lord chancellor Clarendon, and Rumbold, the maltster, who had been accused of being prin- cipally concerned in that conspiracy which, from his farm in Essex, where it was pretended Charles II. was to have been intercepted in his way from Newmarket, and as- sassinated, had been called the Rye House plot. 1 Sir Patrick Hume is said to have advised the shortest passage in order 1 The detailed account of the exiles from England and Scotland (pages 384, 5) was inserted in the work by Mr. Fox, after this passage was written. — As it is there introduced, Mr. Fox would, no doubt, have erased the repetition of it; but it has been the object of the editor to preserve scrupulously the words of the MS. — Ed. 1685.] DISCOVERY OF ARGYLE's EXPEDITION. 389 to come more unexpectedly upon the enemy; but Argyle, who is represented as remarkably tenacious of his own opinions, persisted in his plan of sailing round the north of Scotland, as well for the purpose of landing at once among his own vassals, as for that of being nearer to the western counties, which had been most severely oppressed, and from which, of course, he expected most assistance. Each of these plans had no doubt its peculiar advantages; but, as far as we can judge at this distance of time, those belonging to the earl's scheme seem to preponderate; for the force he carried with him was certainly not sufficient to enable him, by strik- ing any decisive stroke, to avail himself even of the most unprepared state in which he could hope to find the king's government. As he must therefore depend entirely upon reinforcements from the country, it seemed reasonable to make for that part where succour was most likely to be ob- tained, even at the hazard of incurring the disadvantage which must evidently result from the enemy's having early notice of his attack, and consequently proportionable time for defence. Unfortunately, this hazard was converted into a certainty by his sending some men on shore in the Orkneys. Two of these, Spence and Blackadder, were seized at Kirkwall by the bishop of the diocese, and sent up prisoners to Edinburgh, by which means the government was not only satisfied of the reality of the intended invasion, of which, however, they had before had some intimation, 1 but could guess with a reasonable certainty the part of the coast where the descent was to take place, for Argyle could not possibly have sailed so far to the north with any other view than that of making his landing either on his own estate, or in some of the western counties. Among the numberless charges of imprudence against the unfortu- nate Argyle, charges too often inconsiderately urged against him who fails in any enterprise of moment, that which is founded upon the circumstance just mentioned appears to me to be the most weighty, though it is that which is the least mentioned, and by no author, as far as I recollect, much enforced. If the landing in the north was merely for the purpose of gaining intelligence respecting the disposition of 1 Burnet, ii. 313. Woodrow, ii. 513^ 390 HISTORY OF THE REIGN OF JAMES II. [1685. the country, or for the more frivolous object of making some few prisoners, it was indeed imprudent in the highest degree. That prisoners, such as were likely to be taken on this occa- sion, should have been a consideration with any man of common sense is impossible. The desire of gaining intelli- gence concerning the disposition of the people was indeed a natural curiosity; but it would be a strong instance of that impatience which has been often alleged, though in no other case proved, to have been part of the earl's character, if, for the sake of gratifying such a desire, he gave the enemy any important advantage. Of the intelligence which he sought thus eagerly, it was evident that he could not in that place and at that time make any immediate use; whereas, of that which he afforded his enemies, they could and did avail themselves against him. The most favourable account of this proceeding, and which seems to deserve most credit, is that having missed the proper passage through the Orkney islands, he thought proper to send on shore for pilots, and that Spence very imprudently took the opportunity of going to confer with a relation at Kirkwall; 1 but it is to be re- marked that it was not necessary, for the purpose of getting pilots, to employ men of note, such as Blackadder and Spence, the latter of whom was the earl's secretary; and that it was an unpardonable neglect not to give the strictest injunctions to those who were employed against going a step further into the country than was absolutely necessary. Argyle, with his wonted generosity of spirit, was at first determined to lay siege to Kirkwall, in order to recover his friends; but partly by the dissuasions of his followers, and still more by the objections made by the masters of the ships, to a delay w r hich might make them lose the favourable winds for their intended voyage, he was induced to prosecute his course. 2 In the mean time the government made the use that it was obvious they would make of the information they had obtained, and when the earl arrived at his destination he learned that considerable forces were got together to repel any attack that he might meditate. Being prevented by con- trary winds from reaching the isle of Islay, where he had purposed to make his first landing, he sailed back to Dun- 1 Woodrow, ii. 513. 2 lb. 531. 1685.] OBSERVATIONS ON THE SUBJECT. 391 stafnage in Lorn, and there sent ashore his son, Mr. Charles Campbell, to engage his tenants and other friends and de- pendants of his family, to rise in his behalf; but even there he found less encouragement and assistance than he had ex- pected, and the laird of Lochniel, who gave him the best assurances, treacherously betrayed him, sent his letter to the government, and joined the royal forces under the marquis of Athol. He then proceeded southwards, and landed at Campbelltown in Kintyre, where his first step was to pub- lish his declaration, which appears to have produced little or no effect. This bad beginning served, as is usual in such adventures, rather to widen than to reconcile the differences which had early begun to manifest themselves between the leader and his followers. Hume and Cochrane, partly construing per- haps too sanguinely the intelligence which was received from Ayrshire, Galloway, and the other Lowland districts in that quarter, partly from an expectation that where the oppres- sion had been most grievous, the revolt would be propor- tionably the more general, were against any stay, or as they termed it, loss of time in the Highlands, but were for pro- ceeding at once, weak as they were in point of numbers, to a country where every man endowed with the common feelings of human nature, must be their well-wisher, every man of spirit their coadjutor. Argyle, on the contrary, w T ho pro- bably considered the discouraging accounts from the Lowlands as positive and distinct, while those which w^ere deemed more favourable appeared to him to be at least uncertain and provisional, thought the most prudent plan was, to strengthen himself in his own country, before he attempted the invasion of provinces where the enemy was so well prepared to receive him. He had hopes of gaining time, not only to increase his own army, but to avail himself of the cluke of Monmouth's intended invasion of England, an event which must obviously have great influence upon his affairs, and which, if he could but maintain himself in a situation to profit by it, might be productive of advantages of an importance and extent of which no man could presume to calculate the limits. Of these two contrary opinions, it may be difficult at this time of day to appreciate the value, seeing that so much depends upon the degree of credit due to the different accounts from 392 HISTORY OF THE REIGN OF JAMES II. [1685. the Lowland counties, of which our imperfect information does not enable us to form any accurate judgment. But even though we should not decide absolutely in favour of the cogency of these reasonings which influenced the chief, it must surely be admitted, that there was at least sufficient probability in them to account for his not immediately giving way to those of his followers, and to rescue his memory from the reproach of any uncommon obstinacy, or of carrying things, as Burnet phrases it, with an air of authority that was not easy to men who were setting up for liberty. On the other hand, it may be more difficult to exculpate the gen- tlemen engaged with Argyle, for not acquiescing more cheer ^ fully, and not entering more cordially into the views of a man whom they had chosen for their leader and general; of whose honour they had no doubt, and whose opinion, even those who dissented from him must confess to be formed upon no light or trivial grounds. The differences upon the general scheme of attack led, of course, to others upon points of detail. Upon every pro- jected expedition there appeared a contrariety of sentiment, which on some occasions produced the most violent disputes. The earl was often thwarted in his plans, and in one instance actually over-ruled by the vote of a council of war. Nor were these divisions, which might of themselves be deemed sufficient to mar an enterprise of this nature, the only ad- verse circumstances which Argyle had to encounter. By the forward state of preparation on the part of the government, its friends were emboldened; its enemies, whose spirit had been already broken by a long series of sufferings, were com- pletely intimidated, and men of fickle and time-serving dispo- sitions were fixed in its interests. Add to all this, that where spirit was not wanting, it was accompanied with a degree and species of perversity wholly inexplicable, and which can hardly gain belief from any one, whose experience has not made him acquainted with the extreme difficulty of persuading men who pride themselves upon an extravagant love of liberty, rather to compromise upon some points with those who have in the main the same views with themselves, than to give power (a power which will infallibly be used for their own destruction) to an adversary of principles diame- trically opposite; in other words, rather to concede something 1685.] DISSENSIONS AMONG THE INSURGENTS. 393 to a friend, than everything to an enemy. Hence, those even whose situation was the most desperate, who were either wandering about the fields, or seeking refuge in rocks and caverns, from the authorized assassins who were on every side pursuing them, did not all join in Argyle's cause with that frankness and cordiality which was to be expected. The various schisms which had existed among different classes of presbyterians, were still fresh in their memory. Not even the persecution to which they had been in common, and almost indiscriminately subjected, had reunited them. Ac- cording to a most expressive phrase of an eminent minister of their church, who sincerely lamented their disunion : the furnace had not yet healed the rents and breaches among them. 1 Some doubted whether, short of establishing all the doctrines preached by Cargill and Cameron, there was any- thing worth contending for; while others, still further gone in enthusiasm, set no value upon liberty, or even life itself, if they were to be preserved by the means of a nobleman, who had, as well by his services to Charles the Second, as by other instances, been guilty in the former parts of his conduct of what they termed unlawful compliances. Perplexed, no doubt, but not dismayed, by these difficul- ties, the earl proceeded to Tarbet, which he had fixed as the place of rendezvous, and there issued a second declaration, (that which has been mentioned as having been laid before the house of commons,) with as little effect as the first. He was joined by sir Duncan Campbell, who alone, of all his kinsmen, seems to have afforded him any material assistance, and who brought with him nearly a thousand men; but even with this important reinforcement, his whole army does not appear to have exceeded two thousand. It was here that he was over-ruled by a council of war, when he proposed march- ing to Inverary; and after much debate, so far was he from being so self-willed as he is represented, that he consented to go over with his army to that part of Argyleshire called Cowal, and that sir John Cochrane should make an attempt upon the Lowlands; and he sent with him major Fullarton, one of the officers in whom he most trusted, and who appears to have best deserved his confidence. This expedition could 1 Woodrow, ii. 530. 394 HISTORY OF THE REIGN OF JAMES II. [1685. not land in Ayrshire, where it had at first been intended, owing to the appearance of two king's frigates, which had been sent into those seas; and when it did land near Greenock, no other advantage was derived from it than the procuring from the town a very small supply of provisions. 1 When Cochrane, with his detachment, returned to Cowal, all hopes of success in the Low T lands seemed, for the present at least, to be at an end, and Argyle's original plan was now necessarily adopted, though under circumstances greatly dis- advantageous. Among these the most important was, the approach of the frigates, which obliged the earl to place his ships under the protection of the castle of Ellengreg, which he fortified and garrisoned as well as his contracted means would permit. Yet even in this situation, deprived of the co-operation of his little fleet, as well as of that part of his force which he left to defend it, being well seconded by the spirit and activity of Kumbold, who had seized the castle of Ardkinglass, near the head of Loch Fin, he was not without hopes of success in his main enterprise against Inverary, when he was called back to Ellengreg, by intelligence of fresh discontents having broken out there, upon the nearer approach of the frigates. Some of the most dissatisfied had even threatened to leave both castle and ships to their fate; nor did the appearance of the earl himself by any means bring with it that degree of authority which was requisite in such a juncture. His first motion was to disregard the supe- rior force of the men of war, and to engage them with his small fleet; but he soon discovered that he was far indeed from being furnished with the materials necessary to put in execution so bold, or, as it may possibly be thought, so romantic a resolution. His associates remonstrated, and a mutiny in his ships was predicted as a certain consequence of the attempt. Leaving, therefore, once more, Ellengreg with a garrison under the command of the laird of Lochness, and strict orders to destroy both ships and fortification, rather than suffer them to fall into the hands of the enemy, he marched towards Gareloch. But whether from the inade- quacy of the provisions with which he w r as to supply it, or from cowardice, misconduct, or treachery, it does not appear, 1 Woodrow. 1685.] DISPERSION OF ARGYLE's ARMY. 395 the castle was soon evacuated without any proper measures being taken to execute the earl's orders, and the military stores in it to a considerable amount, as well as the ships which had no other defence, were abandoned to the king's forces. This was a severe blow; and all hopes of acting according to the earl's plan of establishing himself strongly in Argyle- shire, were now extinguished. He therefore consented to pass the Leven, a little above Dumbarton, and to march east- wards. In this march he was overtaken, at a place called Killerne, by lord Dumbarton, at the head of a large body of the king's troops ; but he posted himself with so much skill and judgment, that Dumbarton thought it prudent to w^ait, at least till the ensuing morning, before he made his attack. Here, again, Argyle was for risking an engagement, and in his nearly desperate situation, it was probably his best chance, but his advice (for his repeated misfortunes had scarcely left him the shadow of command) was rejected. 1 On the other hand, a proposal was made to him, the most absurd as it should seem, that was ever suggested in similar circumstances, to pass the enemy in the night, and thus exposing his rear, to subject himself to the danger of being surrounded, for the sake of advancing he knew not whither, or for what purpose. To this he could not consent; and it was at last agreed to de- ceive the enemies by lighting fires, and to decamp in the night towards Glasgow. The first part of this plan was exe- cuted with success, and the army went ofi° unperceived by the enemy; but in their night march, they were misled by the ignorance or the treachery of their guides, and fell into diffi- culties which would have caused some disorder among the most regular and best disciplined troops. In this case such disorder was fatal, and produced, as among men circumstanced as Argyle's were, it necessarily must, an almost general dis- persion. Wandering among bogs and morasses, disheartened by fatigue, terrified by rumours of an approaching enemy, the darkness of the night aggravating at once every real dis- tress, and adding terror to every vain alarm; in this situation, w r hen even the bravest and the best (for according to one account Eumbold himself was missing for a time) were not 1 Lord FountainliaH's Memoirs, MS. Woodrow, 536. 396 HISTORY OF THE REIGN OF JAMES II. [1685. able to find their leaders, nor the corps to which they respec- tively belonged; it is no wonder that many took this oppor- tunity to abandon a cause now become desperate, and to effect individually that escape which, as a body, they had no longer any hopes to accomplish. 1 When the small remains of this ill-fated army got together, in the morning, at Kilpatrick, a place far distant from their destination, its number was reduced to less than five hundred. Argyle had lost all authority; nor indeed, had he retained any, does it appear that he could now have used it to any salutary purpose. The same bias which had influenced the two parties in the time of better hopes, and with regard to their early operations, still prevailed, now that they were driven to their last extremity. Sir Patrick Hume and sir John Cochrane would not stay even to reason the matter with him whom, at the onset of their expedition, they had engaged to obey, but crossed the Clyde, with such as would follow them, to the number of about two hundred, into Renfrew- shire. 2 Argyle, thus deserted, and almost alone, still looked to his own country as the sole remaining hope, and sent off sir Duncan Campbell, with the two Duncansons, father and son, persons all three, by whom he seemed to have been served with the most exemplary zeal and fidelity, to attempt new levies there. Having done this, and settled such means of correspondence as the state of affairs would permit, he repaired to the house of an old servant, upon whose attachment he had relied for an asylum, but was peremptorily denied entrance. Concealment in this part of the country seemed now imprac- ticable, and he was forced at last to pass the Clyde, accompanied by the brave and faithful Fullarton. Upon coming to a ford of the Inchanon, they were stopped by some militia men. Fullarton used in vain, all the best means which his presence of mind suggested to him, to save his general. He attempted one while by gentle, and then by harsher language, to detain the commander of the party till the earl, who was habited as a common countryman, and whom he passed for his guide, should have made his escape. At last, when he saw them determined to go after his pretended guide, he offered to sur- 1 Woodrow, ii. 535, 536. 2 lb. 535. 1685.] INDIGNITIES OFFERED TO ARGYLE. 397 render himself without a blow, upon condition of their de- sisting from their pursuit. This agreement was accepted, but not adhered to, and two horsemen were detached to seize Argyle. The earl, who was also on horseback, grappled with them, till one of them and himself came to the ground. He then presented his pocket pistols, on which the two retired, but soon after five more came up, who fired without effect, and he thought himself like to get rid of them, but they knocked him down with their swords, and seized him. When they knew whom they had taken, they seemed much troubled, but dared not let him go. 1 Fullarton, perceiving that the stipulation on which he had surrendered himself was violated, and determined to defend himself to the last, or at least to wreak, before he fell, his just vengeance upon his perfidious opponents, grasped at the sword of one of them, but in vain; he was overpowered, and made prisoner. 2 Argyle was immediately carried to Renfrew, thence to Glasgow, and on the 20th of June was led in triumph into Edinburgh. The order of the council was particular; that he should be led bareheaded in the midst, of Graham's guards, with their matches cocked, his hands tied behind his back, and preceded by the common hangman, in which situa- tion, that he might be more exposed to the insults and taunts of the vulgar, it was directed that he should be carried to the castle by a circuitous route. 3 To the equanimity with which he bore these indignities, as indeed to the manly spirit exhibited by him throughout, in these last scenes of his life, ample testimony is borne by all the historians who have treated of them, even those who are the least partial to him. He had frequent opportunities of conversing, and some of waiting, during his imprisonment, and it is from such parts- of these conversations and writings as have been preserved 1 In my relation'of the taking of Argyle's person, I have followed his own account, and mostly in his own words. As the authenticity of the paper written in prison, wherein he gives this account, has never been called in question, it seems strange that any historian should have adopted a different one. I take no notice of the story, by which he is made to exclaim, in falling, " Unfortunate Argyle !" and thus to discover himself. Besides that there is no authority for it, it has not the air of a real fact, but rather resembles a clumsy contrivance in some play, where the poet is put to his last shift for means to produce a discovery necessary to his plot. 2 Woodrow, 536, 537. 3 i D . 538. 398 HISTORY OF THE REIGN OF JAMES II. [1685. to us, that we can best form to ourselves a just notion of his deportment during that trying period; at the same time, a true representation of the temper of his mind in such circum- stances will serve, in no small degree, to illustrate his general character and disposition. We have already seen how he expresses himself with regard to the men, who, by taking him, became the immediate cause of his calamity. 1 He seems to feel a sort of gratitude to them for the sorrow he saw, or fancied he saw in them, when they knew who he was, and immediately suggests an excuse for them, by saying, that they did not dare to follow the impulse of their hearts. Speaking of the supineness of his countrymen, and of the little assistance he had received from them, he declares with his accustomed piety his resigna- tion to the will of God, which was, that Scotland should not be delivered at this time, nor especially by his hand; and then exclaims, with the regret of a patriot, but with no bitterness of disappointment, "But alas! who is there to be delivered! There may," says he, " be hidden ones, but there appears no great party in the country who desire to be relieved." 2 Justice, in some degree, but still more, that warm affection for his own kindred and vassals, which seems to have formed a marked feature in this nobleman's character, then induces him to make an exception in favour of his poor friends in Argyleshire, in treating for whom, though in what part - cular way does not appear, he was employing, and with some hope of success, the few remaining hours of his life. In recounting the failure of his expedition, it is impossible for him not to touch upon what he deemed the misconduct of his friends; and this is the subject upon which, of all others, his temper must have been most irritable. A certain description of friends (the words describing them are omitted) were all of them, without exception, his greatest enemies, both to betray and destroy him; and ..... and (the names again omitted) were the greatest cause of his rout, and his being taken, though not designedly, he acknowledges, but by 1 " As soon as they knew what I was, they seemed to be much troubled, "but durst not let me go." Woodrow, 537. In another paper, he says, " Of the militia who wounded and took me, some wept, but durst not let me go." Id. 538. Supra, 205. — Ed. 2 Woodrow, 538. 1685.] ARGYLE THREATENED WITH TORTURE. 399 ignorance, cowardice, and faction. 1 This sentence had scarce escaped him, when, notwithstanding the qualifying words with which his candour had acquitted the last-mentioned persons of intentional treachery, it appeared too harsh to his gentle nature, and declaring himself displeased with the hard epithets 2 he had used, he desires they may be put out of any account that is to be given of these transactions. The manner in which this request is worded, shows that the paper he was writing was intended for a letter, and as it is supposed, to a Mrs. Smith, who seems to have assisted him with money; but whether or not this lady was the rich widow of Amsterdam, before alluded to, I have not been able to learn. When he is told that he is to be put to the torture, he neither breaks out into any high-sounding bravado, any pre- mature vaunts of the resolution with which he will endure it, nor, on the other hand, into passionate exclamations on the cruelty of his enemies, or unmanly lamentations of his fate. After stating that orders were arrived, that he must be tor- tured, unless he answers all questions upon oath, he simply adds, that he hopes God will support him; and then leaves oif writing, not from any want of spirits to proceed, but to enjoy the consolation which was yet left him, in the society of his wife, the countess being just then admitted. Of his interview with Queensbury, who examined him in private, little is known, except that he denied his design having been concerted with any persons in Scotland; that he gave no information with respect to his associates in England; and that he boldly and frankly averred his hopes to have been founded on the cruelty of the administration, and such a dis- 1 " friends were our greatest enemies, all without exception, both to betray and destroy us ; and indeed and were the greatest cause of our rout, and (of) my being taken ; though not designedly, I acknowledge, yet by ignorance, cowardice, and faction." 2 " I am not pleased with myself. I have such hard epithets of some of my countrymen, seeing they are Christians ; pray put it out of any account you give ; only I must acknowledge they were not governable, and the humour you found begun continued." Woodrow, ii. 538. After an inef- fectual research to discover the original MS., Mr. Fox observes, in a letter, *' Cochrane and Hume certainly filled up the two principal blanks ; with re- spect to the other blank, it is more difficult, but neither is it very material.'* Accordingly, the blanks in the text, and in the preceding note, may be filled up thus, " {Cochrane 's) friends were our greatest enemies," &c, " and indeed Hume and Cochrane were the greatest cause of our rout," &c. 400 HISTORY OF THE REIGN OF JAMES II. [1685. position in the people to revolt, as he conceived to be the natural consequence of oppression. He owned at the same time, that he had trusted too much to this principle. 1 The precise date of this conversation, whether it took place before the threat of the torture, whilst that threat was impending, or when there was no longer any intention of putting it into execution, I have not been able to ascertain; but the proba- bility seems to be, that it was during the first or second of these periods. Notwithstanding the ill success that had attended his enter- prise, he never expresses, or even hints, the smallest degree of contrition for having undertaken it: on the contrary, when Mr. Charteris, an eminent divine, is permitted to wait on him, his first caution to that minister is, not to try to convince him of the unlawfulness of his attempt, concerning which his opinion was settled, and his mind made up. 2 Of some parts of his past conduct he does indeed confess that he repents, but these are the compliances of which he had been guilty in sup- port of the king, or his predecessors. Possibly in this he may allude to his having in his youth borne arms against the cove- nant, but with more likelihood to his concurrence, in the late reign, with some of the measures of Lauderdale's administra- tion, for whom it is certain that he entertained a great regard, and to whom he conceived himself to be principally indebted for his escape from his first sentence. Friendship and grati- tude might have carried him to lengths which patriotism and justice must condemn. Religious concerns, in which he seems to have been very serious and sincere, engaged much of his thoughts; but his religion was of that genuine kind, w r hich by representing the performance of our duties to our neighbour as the most ac- ceptable service to God, strengthens all the charities of social life. While he anticipates, with a hope approaching to cer- tainty, a happy futurity, he does not forget those who have been justly dear to him in this world. He writes, on the day of his execution, to his wife, and to some other relations, for whom he seems to have entertained a sort of parental tender- ness, short but the most affectionate letters, wherein he gives them the greatest satisfaction then in his power, by assuring 1 Burnet, ii. 315. 2 Burnet. 1685.] HIS LAST DAYS. 401 them of his composure and tranquillity of mind, and refers them for further consolations to those sources from which he derived his own. In his letter to Mrs. Smith, written on the same day, he says, " While anything was a burden to me, your concern was; which is a cross greater than I can ex- press," (alluding, probably, to the pecuniary loss she had in- curred,) "but I have, I thank God, overcome all." 1 Her name, he adds, could not be concealed, and that he knows not what may have been discovered from any paper which may have been taken; otherwise he has named none to their dis- advantage. He states that those in whose hands he is, had at first used him hardly, but that God had melted their hearts, and that he was now treated with civility. As an instance of this, he mentions the liberty he had obtained of sending this letter to her; a liberty which he takes as a kindness on their part, and which he had sought that she might not think he had forgotten her. Never, perhaps, did a few sentences present so striking a picture of a mind truly virtuous and honourable. Heroic courage is the least part of his praise, and vanishes as it were from our sight, when we contemplate the sensibility with which he acknowledges the kindness, such as it is, of the very men who are leading him to the scaffold; the generous satis- faction which he feels on reflecting that no confession of his has endangered his associates; and above all, his anxiety, in such moments, to perform all the duties of friendship and gratitude, not only with the most scrupulous exactness, but with the most considerate attention to the feelings as well as to the interests of the person who was the object of them. Indeed, it seems throughout, to have been the peculiar feli- city of this man's mind, that everything was present to it that ought to be so; nothing that ought not. Of his country he could not be unmindful; and it was one among other conse- quences of his happy temper, that on this subject he did not entertain those gloomy ideas, which the then state of Scotland was but too well fitted to inspire. In a conversation with an intimate friend, he says, that though he does not take upon him to be a prophet, he doubts not but that deliverance will come, and suddenly, of which his failings had rendered him 1 Woodrow, ii. 541, 542. D D 402 HISTORY OF THE REIGN OF JAMES II. [1685. unworthy to be the instrument. In some verses which he composed on the night preceding his execution, and which he intended for his epitaph, he thus expresses this hope still more distinctly: " On my attempt though Providence did frown, His oppressed people God at length shall own ; Another hand, by more successful speed, Shall raise the remnant, bruise the serpent's head." With respect to the epitaph itself, of which these lines form a part, it is probable that he composed it chiefly with a view to amuse and relieve his mind, fatigued with exertion, and partly, perhaps, in imitation of the famous marquis of Mon- trose, who, in similar circumstances, had written some verses which have been much celebrated. The poetical merit of the pieces appears to be nearly equal, and is not in either instance considerable, and they are only in so far valuable, as they may serve to convey to us some image of the minds by which they were produced. He who reads them with this view, will, perhaps, be of opinion, that the spirit manifested in the two compositions, is rather equal in degree than like in cha- racter; that the courage of Montrose was more turbulent, that of Argyle more calm and sedate. If, on the one hand, it is to be regretted that we have not more memorials left of pas- sages so interesting, and that even of those which we do pos- sess, a great part is obscured by time, it must be confessed, on the other, that we have quite enough to enable us to pro- nounce, that for constancy and equanimity under the severest trials, few men have equalled, none ever surpassed, the earl of Argyle. The most powerful of all tempters, hope, was not held out to him, so that he had not, it is true, in addition to his other hard tasks, that of resisting her seductive in- fluence; but the passions of a different class had the fullest scope for their attacks. These, however, could make no im- pression on his well-disciplined mind. Anger could not ex- asperate, fear could not appal him; and if disappointment and indignation at the misbehaviour of his followers, and the su- pineness of the country, did occasionally, as sure they must, cause uneasy sensations, they had not the power to extort from him one unbecoming, or even querulous expression. JLet him be weighed never so scrupulously, and in the nicest 1685.] AN ADDRESS AGAINST HIM. 403 scales, he will not be found, in a single instance, wanting in the charity of a Christian, the firmness and benevolence of a patriot, the integrity and fidelity of a man of honour. The Scotch parliament had, on the 1 1th of June, sent an address to the king, wherein, after praising his majesty, as usual, for his extraordinary prudence, courage, and conduct, and loading Argyle, whom they styled an hereditary traitor, with every reproach they can devise, among others, that of ingratitude for the favours which he had received, as well from his majesty as from his predecessor, they implore his majesty that the earl may find no favour, and that the earl's family, the heritors, ringleaders, and preachers who joined him, should be for ever declared incapable of mercy, or bear- ing any honour or estate in the kingdom, and all subjects discharged under the highest pains to intercede for them in any manner of way. Never was address more graciously re- ceived, or more readily complied with ; and, accordingly, the following letter, with the royal signature, and countersigned by lord Melford, secretary of state for Scotland, was dis- patched to the council at Edinburgh, and by them entered and registered on the 29th of June. " Whereas, the late earl of Argyle is, by the providence of God, fallen into our power, it is our wall and pleasure that you take all ways to know from him those things which con- cern our government most, as his assisters with men, arms, and money, his associates and correspondents, his designs, &c. But this must be done, so as no time may be lost in bringing him to condign punishment, by causing him to be demeaned as a traitor, within the space of three days after this shall come to your hands, an account of which, with what he shall confess, you shall send immediately to us or our secretaries, for doing which this shall be your w arrant." 1 When it is recollected that torture had been in common use in Scotland, and that the persons to whom the letter was ad- dressed had often caused it to be inflicted, the words " It is our will and pleasure that you take all ways," seem to con- vey a positive command for applying of it in this instance; yet it is certain that Argyle was not tortured. What was the cause of this seeming disregard of the royal injunctions does 1 Woodrow, ii. 039. D D 2 404 HISTORY OF THE REIGN OF JAMES II. [1685. not appear. One would hope, for the honour of human nature, that James, struck with some compunction for the injuries he had already heaped upon the head of this unfor- tunate nobleman, sent some private orders contradictory to this public letter; but there is no trace to be discovered of such a circumstance. The managers themselves might feel a sympathy for a man of their own rank, which had no in- fluence in the cases where only persons of an inferior station were to be the sufferers; and in those words of the king's letter, which enjoin a speedy punishment as the primary object to which all others must give way, they might find a pretext for overlooking the most odious part of the order, and of indulging their humanity, such as it was, by appointing the earliest day possible for the execution. In order that the triumph of injustice might be complete, it was determined that, without any new trial, the earl should suffer upon the ini- quitous sentence of 1682. Accordingly, the very next day ensuing was appointed, and on the 13th of June he was brought from the castle, first to the Laigh Council-house, and thence to the place of execution. Before he left the castle, he had his dinner at the usual hour, at which he discoursed, not only calmly, but even cheerfully, with Mr. Charteris and others. After dinner he retired, as was his custom, to his bed-chamber, where, it is recorded, that he slept quietly for about a quarter of an hour. While he was in his bed, one of the members of the council came and intimated to the attendants a desire to speak with him: upon being told that the earl was asleep, and had left orders not to be disturbed, the manager disbelieved the account, which he considered as a device to avoid further questionings. To satisfy him, the door of the bed-chamber was half opened, and he then beheld, enjoying a sweet and tran- quil slumber, the man, who by the doom of him and his fellows, w r as to die within the space of two short hours! Struck with this sight, he hurried out of the room, quitted the castle with the utmost precipitation, and hid himself in the lodgings of an acquaintance who lived near, w T here he flung himself upon the first bed that presented itself, and had every appearance of a man suffering the most excruciating torture. His friend, who had been apprised by the servant of the state he was in, and who naturally concluded that he was ill, offered him 1685.] TRANQUILLITY OF HIS LAST MOMENTS. 405 some wine. He refused, saying, " INo, no, that will not help me: I have been in at Argyle, and saw him sleeping as pleasantly as ever man did, within an hour of eternity. But as for me " l The name of the person to whom this anecdote relates is not mentioned, and the truth of it may therefore be fairly considered as liable to that degree of doubt with which men of judgment receive every species of tradi- tional history. Woodrow, however, whose veracity is above suspicion, says he had it from the most unquestionable autho- rity. It is not in itself unlikely; and who is there that would not wish it true? What a satisfactory spectacle to a philosophical mind, to see the oppressor, in the zenith of his power, envying his victim! What an acknowledgment of the superiority of virtue! What an affecting and forcible tes- timony to the value of that peace of mind, which innocence alone can confer! We know not who this man was; but when we reflect that the guilt which agonized him was pro- bably incurred for the sake of some vain title, or, at least, of some increase of wealth, which he did not want, and possibly knew not how to enjoy, our disgust is turned into something like compassion for that very foolish class of men, whom the world calls wise in their generation. Soon after his short repose Argyle was brought, according to order, to the Laigh Council-house, from which place is dated the letter to his wife, and thence to the place of execu- tion. On the scaffold he had some discourse, as well with Mr. Annand, a minister appointed by government to attend him, as with Mr. Charteris. He desired both of them to pray for him, and prayed himself with much fervency and devo- tion. The speech which he made to the people was such as might be expected from the passages already related. The same mixture of firmness and mildness is conspicuous in every part of it. " We ought not," says he, " to despise our afflictions, nor to faint under them. We must not suffer ourselves to be exasperated against the instruments of our troubles, nor by fraudulent, nor pusillanimous compliances, bring guilt upon ourselves; faint hearts are ordinarily false hearts, choosing sin, rather than suffering." He offers his prayers to God for the three kingdoms of England, Scotland, 1 Woodrow, ii. 541. 406 HISTORY OF THE REIGN OF JAMES II. [1685. and Ireland, and that an end may be put to their present trials. Having then asked pardon for his own failings, both of God and man, he would have concluded; but being re- minded that he had said nothing of the royal family, he adds, that he refers, in this matter, to what he had said at his trial concerning the test; that he prayed there never might be wanting one of the royal family to support the protestant religion; and if any of them had swerved from the true faith, he prayed God to turn their hearts, but, at any rate, to save his people from their machinations. When he had ended, he turned to the south side of the scaffold, and said, " Gentle- men, I pray you do not misconstruct my behaviour this day: I freely forgive all men their wrongs and injuries done against me, as I desire to be forgiven of God." Mr. An- nand repeated these words louder to the people. The earl then went to the north side of the scaffold, and used the same or the like expressions. Mr. Ann and repeated them again, and said, " This nobleman dies a protestant." The earl stepped forward again, and said, " I die not only a pro- testant, but with a heart-hatred of popery, -prelacy, and all superstition whatsomever." 1 It would perhaps have been better if these last expressions had never been uttered, as there appears certainly something of violence in them unsuit- able to the general tenor of his language; but it must be remembered, first, that the opinion that the pope is anti- christ was at that time general among almost all the zealous protestants in these kingdoms; secondly, that Annand, being employed by government, and probably an episcopalian, the earl might apprehend that the declaration of such a minister might not convey the precise idea, which he, Argyle, affixed to the word protestant. He then embraced his friends, gave some tokens of re- membrance to his son-in-law, lord Maitland, for his daughter and grandchildren, stripped himself of part of his apparel, of which he likewise made presents, and laid his head upon the block. Having uttered a short prayer, he gave the signal to the executioner, which was instantly obeyed, and his head severed from his body. 2 Such were the last hours, and such the final close, of this great man's life. May the like happy serenity in such dreadful circumstances, and a death equally 3 Woodrow, 543, 545. 2 lb. 1685.] FATE OF HIS FOLLOWERS. 407 glorious, be the lot of all whom tyranny, of whatever denomi- nation or description, shall in any age, or in any country, call to expiate their virtues on the scaffold! Of the followers of Argyle, in the disastrous expedition above recounted, the fortunes were various. Among those who either surrendered or were taken, some suffered the same fate with their commander, others were pardoned; while, on the other hand, of those who escaped to foreign parts, many after a short exile returned triumphantly to their country at the period of the revolution, and under a system congenial to their principles, some even attained the highest honours of the state. It is to be recollected, that when, after the disastrous night-march from Killerne, a separation took place at Kilpatrick between Argyle and his confederates, sir John Cochrane, sir Patrick Hume, and others, crossed the Clyde into Renfrewshire, with about, it is supposed, two hundred men. Upon their landing, they met with some opposition from a troop of militia horse, which was, however, feeble and ineffectual; but fresh parties of militia, as well as regular troops drawing together, a sort of scuffle ensued, near a place called Muirdyke; an offer of quarter was made by the king's troops, but (probably on account of the conditions annexed to it) was refused; and Cochrane and the rest, now reduced to the number of seventy, took shelter in a fold-dyke, where they were able to resist and repel, though not without loss on each side, the attack of the enemy. Their situation was nevertheless still desperate, and in the night they deter- mined to make their escape. The king's troops having retired, this was effected without difficulty; and this remnant of an army being dispersed by common consent, every man sought his own safety in the best manner he could. Sir John Cochrane took refuge in the house of an uncle, by whom, or by whose wife, it is said, he was betrayed. He was, how- ever, pardoned; and from this circumstance, coupled with the constant and seemingly peevish opposition which he gave to almost all Argyle's plans, a suspicion has arisen, that he had been treacherous throughout. But the account given of his pardon by Burnet, who says his father, lord Dundonald, who was an opulent nobleman, purchased it with a considerable sum of money, 1 is more credible, as well as more candid; and it i Burnet, ii. 31G. 408 HISTORY OF THE REIGN OF JAMES II. [1685. must be remembered, that in sir John's disputes with his general, he was almost always acting in conjunction with sir Patrick Hume, who is proved, by the subsequent events, and indeed by the whole tenour of his life and conduct, to have been uniformly sincere and zealous in the cause of his country. Cochrane was sent to England, where he had an interview with the king, and gave such answers to the questions put to him, as were deemed satisfactory by his majesty; and the information thus obtained, whatever might be the real and secret causes, furnished a plausible pretence at least for the exercise of royal mercy. Sir Patrick Hume, after having concealed himself some time in the house, and under the pro- tection, of lady Eleanor Dunbar, sister to the earl of Egling- ton, found means to escape to Holland, whence he returned in better times, and was created first lord Hume of Polwarth, and afterward earl of Marchmont. Fullarton, and Campbell of Auchinbreak, appear to have escaped, but by what means is not known. Two sons of Argyle, John and Charles, and Archibald Campbell, his nephew, were sentenced to death and forfeiture, but the capital part of the sentence was remitted. Thomas Archer, a clergyman, who had been wounded at Muirdyke, was executed, notwithstanding many applications in his favour, among which was one from lord Drumlanrig, Queensbury's eldest son. Woodrow, who was himself a presbyterian minister, and though a most valuable and correct historian, w T as not without a tincture of the pre- judices belonging to his order, attributes the unrelenting spirit of the government in this instance, to their malice against the clergy of his sect. Some of the holy ministry, he observes, as Guthrie at the restoration, Kidd and Mackail after the insurrections at Pentland and Bothwell Bridge, and now Archer, were upon every occasion to be sacrificed to the fury of the persecutors. 1 But to him who is well acquainted with the history of this period, the habitual cruelty of the government will fully account for any particular act of severity; and it is only in cases of lenity — such as that of Cochrane, for instance — that he will look for some hidden or special motive. Ayloff, having in vain attempted to kill himself, was, like 1 Woodrow, 553. 1685.] RUMBOLD. 409 Cochrane, sent to London to be examined. His relationship to the king's first wife might perhaps be one inducement to this measure, or it might be thought more expedient that he should be executed for the Eye House plot, the credit of which it was a favourite object of the court to uphold, than for his recent acts of rebellion in Scotland. Upon his ex- amination he refused to give any information, and suffered death upon a sentence of outlawry, which had passed in the former reign. It is recorded, that James interrogated him personally, and finding him sullen, and unwilling to speak, said: "Mr. Ayloff, you know it is in my power to pardon you, therefore say that which may deserve it:" to which Ayloff replied: " Though it is in your power, it is not in your nature to pardon." This, however, is one of those anecdotes, which is believed rather on account of the air of nature that belongs to them, than upon any very good tra- ditional authority, and which ought, therefore, when any very material inference, with respect either to fact or character, is to be drawn from them, to be received with great caution. Rumbold, covered with wounds, and defending himself with uncommon exertions of strength and courage, was at last taken. However desirable it might have been thought, to execute in England a man so deeply implicated in the Rye House plot, the state of Rumbold's health made such a project impracticable. Had it been attempted, he would probably, by a natural death, have disappointed the views of a govern- ment who were eager to see brought to the block, a man whom they thought, or pretended to think, guilty of having projected the assassination of the late and present king. Weakened as he was in body, his mind was firm, his con- stancy unshaken; and notwithstanding some endeavours that were made, by drums and other instruments, to drown his voice when he was addressing the people from the scaffold, enough has been preserved of what he then uttered, to satisfy us, that his personal courage, the praise of which has not been denied him, was not of the vulgar or constitutional kind, but was accompanied with a proportionable vigour of mind. Upon hearing his sentence, whether in imitation of Montrose, or from that congeniality of character, which causes men in similar circumstances to conceive similar sentiments, he expressed the same wish which that gallant nobleman had 410 HISTORY OF THE REIGN OF JAMES II. [1685. done; he wished he had a limb for every town in Christen- dom. With respect to the intended assassination imputed to him, he protested his innocence, and desired to be believed upon the faith of a dying man; adding, in terms as natural as they are forcibly descriptive of a conscious dignity of cha- racter, that he was too well known, for any to have had the imprudence to make such a proposition to him. He concluded with plain, and apparently sincere, declarations of his un- diminished attachment to the principles of liberty, civil and religious; denied that he was an enemy to monarchy, affirm- ing, on the contrary, that he considered it, when properly limited, as the most eligible form of government ; but that he never could believe that any man was born marked by God above another, " for none comes into the world with a saddle on his back, neither any booted and spurred to ride him." 1 Except by Ralph, who, w r ith a warmth that does honour to his feelings, expatiates at some length upon the subject, the circumstances attending the death of this extraordinary man have been little noticed. Rapin, Echard, Kennet, Hume, make no mention of them whatever; and yet, exclusively of the interest always excited by any great display of spirit and magnanimity, his solemn denial of the project of assassination imputed to him in the affair of the Rye House plot, is in itself a fact of great importance, and one which might have been expected to attract, in no small degree, the attention of the historian. That Hume, who has taken some pains in canvass- ing the degree of credit due to the different parts of the Rye House plot, should pass it over in silence, is the more extraor- dinary, because, in the case of the popish plot, he lays, and justly lays, the greatest stress upon the dying declarations of the sufferers. Burnet adverts, as well to the peculiar language used by Rumbold, as to his denial of the assassina- tion; but having before given us to understand that he be- lieved that no such crime had been projected, it is the less to be wondered at that he does not much dwell upon this further evidence in favour of his former opinion. Sir John Dalrymple, upon the authority of a paper which he does not produce, but from which he quotes enough to show, that if produced it would not answer his purpose, takes Rumbold's guilt for a 1 RaJpli, i. 872. 1685.] INQUIRY INTO THE RYE HOUSE PLOT. 411 decided fact, and then states his dying protestations of his innocence, as an instance of aggravated wickedness. 1 It is to be remarked, too, that although sir John is pleased roundly to assert, that Rumbold denied the share he had had in the Eye House plot, yet the particular words which he cites neither contain, nor express, nor imply any such denial. He has not even selected those by which the design of assassina- tion was denied, (the only denial that was uttered,) but refers to a general declaration made by Rumbold, that he had done injustice to no man — a declaration which was by no means inconsistent with his having been a party to a plot, which he, no doubt, considered as justifiable, and even meritorious. This is not all: the paper referred to is addressed to "Walcot, hj whom Rumbold states himself to have been led on; and Walcot, w r ith his last breath, denied his own participation in any design to murder either Charles or James. Thus, there- fore, Avhether the declaration of the sufferer be interpreted in a general or in a particular sense, there is no contradiction whatever between it and the paper adduced; but thus it is that the character of a brave and, as far as appears, a virtuous man, is most unjustly and cruelly traduced. An incredible confusion of head, and an uncommon want of reasoning powers, which distinguish the author to whom I refer, are, I should charitably hope, the true sources of his misrepresenta- tion; while others may probably impute it to his desire of blackening, upon any pretence, a person whose name is more or less connected with those of Sidney and Russell. It ought not, perhaps, to pass without observation, that this attack upon Rumbold is introduced only in an oblique manner: the rigour of government destroyed, says the historian, the morals it intended to correct, and made the unhappy sufferer add to his former crimes, the atrocity of declaring a falsehood in his last moments. Now, what particular instances of rigour are here alluded to, it is difficult to guess: for surely the execu- tion of a man whom he sets down as guilty of a design to murder the two royal brothers, could not, even in the judg- ment of persons much less accustomed than sir John to palliate the crimes of princes, be looked upon as an act of blameable severity; but it was thought, perhaps, that for the purpose of 1 Dalrymple's Memoirs, i. 141. 412 HISTORY OF THE REIGN OF JAMES II. [1685. conveying a calumny upon the persons concerned, or accused of being concerned, in the Rye House plot, an affected censure upon the government would be the fittest vehicle. The fact itself, that Rumbold did, in his last hours, solemnly deny the having been concerned in any project for assassi- nating the king or duke, has not, I believe, been questioned. 1 It is not invalidated by the silence of some historians: it is confirmed by the misrepresentation of others. The first question that naturally presents itself, must be, was this de- claration true? The asseverations of dying men have always had, and will always have, great influence upon the minds of those who do not push their ill opinion of mankind to the most outrageous and unwarrantable length; but though the weight of such asseverations be in all cases great, it will not be in all equal. It is material therefore to consider, first, what are the circumstances which may tend in particular cases to diminish their credit; and next, how far such circum- stances appear to have existed in the case before us. The case where this species of evidence would be the least convincing, would be where hope of pardon is entertained; for then the man is not a dying man in the sense of the proposition, for lie has not that certainty that his falsehood will not avail him, which is the principal foundation of the credit due to his assertions. For the same reason, though in a less degree, he who hopes for favour to his children, or to other surviving connexions, is to be listened to with some caution; for the existence of one virtue does not necessarily prove that of another, and he who loves his children and friends may yet be profligate and unprincipled; or, deceiving himself, may think that while his ends are laudable, he ought not to hesitate concerning the means. Beside these more obvious temptations to prevarication, there is another which, though it may lie somewhat deeper, yet experience teaches us to be rooted in human nature: I mean that sort of obstinacy, or false shame, which makes men so unwilling to retract what they have once advanced, whether in matter of opinion or of fact. The general character of the man is also in this, as in all other human testimony, a circumstance of the greatest moment. 1 It is confirmed beyond contradiction by lord Fountainliall's account of his trial and execution. 1685.] INQUIRY INTO THE RYE HOUSE PLOT. 413 Where none of the above mentioned objections occur, and where therefore the weight of evidence in question is con- fessedly considerable, yet is it still liable to be balanced or outweighed by evidence in the opposite scale. Let Rumbold's declaration, then, be examined upon these principles, and we shall find that it has every character of truth, without a single circumstance to discredit it. He was so far from entertaining any hope of pardon, that he did not seem even to wish it; and indeed if he had had any such chimerical object in view, he must have known that to have supplied the government with a proof of the Rye House assassination plot, would be a more likely road at least, than a steady denial, to obtain it. He left none behind him for whom to entreat favour, or whose welfare or honour were at all affected by any confession or declaration he might make. If, in a prospective view, he was without temptation, so neither, if he looked back, was he fettered by any former declaration; so that he could not be influenced by that erro- neous notion of consistency, to which, it may be feared, that truth, even in the most awful moments, has in some cases been sacrificed. His timely escape in 1683, had saved him from the necessity of making any protestation upon the subject of his innocence at that time; and the words of the letter to Walcot are so far from containing such a protestation, that they are quoted (very absurdly, it is true,) by sir John Dalrymple, as an avowal of guilt. If his testimony is free from these particular objections, much less is it impeached by his general character, which was that of a bold and daring man, who was very unlikely to feel shame in avowing what he had not been ashamed to commit, and who seems to have taken a delight in speaking bold truths, or at least what appeared to him to be such, without regarding the manner in which his hearers were likely to receive them. With respect to the last consideration, that of the opposite evidence, it all depends upon the veracity of men who, according to their own account, betrayed their comrades, and were actuated by the hope either of pardon or reward. It appears to be of the more consequence to clear up this matter, because, if we should be of opinion, as I think we all must be, that the story of the intended assassination of the king, in his way from Newmarket, is as fabulous as that of 414 HISTORY OF THE REIGN OF JAMES II. [1685. the silver bullets by which he was to have been shot at Windsor, a most singular train of reflections will force itself upon our minds, as well in regard to the character of the times, as to the means by which the two causes gained suc- cessively the advantage over each other. The royalists had found it impossible to discredit the fiction, gross as it was, of the popish plot; nor could they prevent it from being a powerful engine in the hands of the whigs, who during the alarm raised by it, gained an irresistible superiority in the house of commons, in the city of London, and in most parts of the kingdom. But they who could not quiet a false alarm raised by their adversaries, found little or no difficulty in raising one equally false in their own favour, by the supposed detection of the intended assassination. With regard to the advantages derived to the respective parties from those de- testable fictions, if it be urged, on one hand, that the panic spread by the whigs was more universal and more violent in its effects, it must be allowed, on the other, that the advantages gained by the tories were, on account of their alliance with the crown, more durable and decisive. There is a superior solidity ever belonging to the power of the crown, as compared with that of any body of men or party, or even with either of the other branches of the legislature. A party has influence, but, properly speaking, no power. The houses of parliament have abundance of power, but, as bodies, little or no influence. The crown has both power and influence, which, when exerted with wisdom and steadiness, will always be found too strong for any opposition whatever, till the zeal and fidelity of party attachments shall be found to increase in proportion to the increased influence of the executive power. While these matters were transacting in Scotland, Mon- mouth, conformably to his promise to Argyle, set sail from Holland, and landed at Lyme in Dorsetshire, on the 11th of June. He was attended by lord Grey of Wark, Fletcher of Saltoun, colonel Matthews, Ferguson, and a few other gentle- men. His reception was, among the lower ranks, cordial, and for some days at least, if not weeks, there seemed to have been more foundation for the sanguine hopes of lord Grey and others, his followers, than the duke had supposed. The first step taken by the invader, was to issue a proclama- tion, which he caused to be read in the market-place. In 1685.] monmouth's invasion. 415 this instrument he touched upon what were, no doubt, thought to be the most popular topics, and loaded James and his catholic friends with every imputation which had at any time been thrown against them. This declaration appears to have been well received, and the numbers that came in to him were very considerable; but his means of arming them were limited, nor had he much confidence, for the purpose of any important military operation, in men unused to discipline, and wholly unacquainted with the art of war. Without examining the question whether or not Monmouth, from his professional prejudices, carried, as some have alleged he did, his diffidence of unpractised soldiers and new levies too far, it seems clear that, in his situation, the best, or rather the only chance of success, was to be looked for in counsels of the boldest kind. If he could not immediately strike some important stroke, it was not likely that he ever should; nor indeed was he in a condition to wait. He could not flatter himself, as Argyle had done, that he had a strong country, full of relations and dependants, wdiere he might secure him- self till the co-operation of his confederate or some other favourable circumstance might put it in his power to act more efficaciously. Of any brilliant success in Scotland he could not, at this time, entertain any hope, nor if he had, could he rationally expect that any events in that quarter would make the sort of impression here, which, on the other hand, Ins success would produce in Scotland. With money he was wholly unprovided; nor does it appear, whatever may have been the inclination of some considerable men, such as lords Macclesfield, Brandon, Delamere, and others, that any persons of that description were engaged to join in his enter- prise. His reception had been above Ins hopes, and his recruits more numerous than could be expected, or than he was able to furnish with arms; while, on the other hand, the forces in arms against him consisted chiefly in a militia, for- midable neither from numbers nor discipline, and moreover suspected of disaffection. The present moment, therefore, seemed to offer the most favourable opportunity for enterprise of any that was like to occur; but the unfortunate Monmouth judged otherwise, and, as if he were to defend rather than to attack, directed his chief policy to the avoiding of a general action. 416 HISTORY OF THE REIGN OF JAMES II. [1685. It being, however, absolutely necessary to dislodge some troops which the earl of Feversham had thrown into Bridport, a detachment of three hundred men was made for that pur- pose, which had the most complete success, notwithstanding the cowardice of lord Grey, who commanded them. This nobleman, who had been so instrumental in persuading his friend to the invasion, upon the first appearance of danger is said to have left the troops whom he commanded, and to have sought his own personal safety in flight. The troops carried Bridport, to the shame of the commander who had deserted them, and returned to Lyme. It is related by Ferguson, that Monmouth said to Matthews, " What shall I do with lord Grey?" to which the other answered, " That he was the only general in Europe who would ask such a question;" intending, no doubt, to reproach the duke with the excess to which he pushed his characteristic virtues of mildness and forbearance. That these virtues formed a part of his character, is most true, and the personal friendship in which he had lived with Grey would incline him still more to the exercise of them upon this occasion; but it is to be remembered also, that the delinquent was, in respect of rank, property, and perhaps too of talent, by far the most considerable man he had with him; and therefore, that prudential motives might concur to deter a general from proceeding to violent measures with such a person, especially in a civil war, where the discipline of an armed party cannot be conducted upon the same system as that of a regular army serving in a foreign war. Monmouth's disappointment in lord Grey was aggravated by the loss of Fletcher of Saltoun, who, in a sort of scufEe that ensued, upon his being reproached for having seized a horse belonging to a man of the country, had the misfortune to kill the owner. Monmouth, however unwilling, thought himself obliged to dismiss him; and thus, while a fatal concurrence of circumstances forced him to part with the man he esteemed, and to retain him whom he despised, he found himself at once disappointed of the support of the two persons upon whom he had most relied. On the loth of June, his army being now increased to near three thousand men, the duke marched from Lyme. He does not appear to have taken this step with a view to any enterprise of importance, but rather to avoid the danger 1685.] RECEPTION AT TAUNTON. 417 which he apprehended from the motions of the Devonshire and Somerset militias, whose object it seemed to be to shut him up in Lyme. In his first day's march, he had opportunities of engaging, or rather of pursuing, each of those bodies, who severally retreated from his forces; but conceiving it to be his business, as he said, not to fight, but to march on, he went through Axminster, and encamped in a strong piece of ground between that town and Chard in Somersetshire, to which place he proceeded on the ensuing day. According to Wade's narrative, which appears to afford by far the most authentic account of these transactions, here it was that the first pro- position was made for proclaiming Monmouth king. Fer- guson made the proposal, and was supported by lord Grey, but it was easily run doivn, as Wade expresses it, by those who were against it, and whom, therefore, we must suppose to have formed a very considerable majority of the persons deemed of sufficient importance to be consulted on such an occasion. These circumstances are material, because if that credit be given to them which they appear to deserve, Fer- guson's want of veracity becomes so notorious, that it is hardly worth while to attend to any part of his narrative. Where it only corroborates accounts given by others, it is of little use; and where it differs from them, it deserves no credit. I have, therefore, wholly disregarded it. From Chard, Monmouth and his party proceeded to Taunton, a town where, as well for the tenour of former occurrences, as from the zeal and number of the protestant dissenters, who formed a great portion of its inhabitants, he had every reason to expect the most favourable reception. His expectations were not disappointed. The inhabitants of the upper, as well as the lower classes, vied with each other in testifying their affection for his person, and their zeal for his cause. While the latter rent the air with ap- plauses and acclamations, the former opened their houses to him and to his followers, and furnished his army with neces- saries and supplies of every kind. His way was strewed with flowers; the windows were thronged with spectators, all anxious to participate in what the warm feelings of the mo- ment made them deem a triumph. Husbands pointed out to their wives, mothers to their children, the brave and lovely hero, who was destined to be the deliverer of his country. E E 418 HISTORY OF THE REIGN OF JAMES II. [1685. The beautiful lines which Dryden makes Achitophel, in his highest strain of flattery, apply to this unfortunate nobleman, were in this instance literally verified: " Thee, Saviour, thee, the nation's vows confess, And, never satisfied with seeing, bless. Swift unbespoken pomps thy steps proclaim, And stammering babes are taught to lisp thy name." In the midst of these joyous scenes, twenty-six young maids, of the best families in the town, presented him, in the name of their townsmen, with colours wrought by them for the purpose, and with a Bible; upon receiving which, he said that he had taken the field with a design to defend the truth contained in that book, and to seal it with his blood if there w^as occasion. In such circumstances it is no wonder that his army in- creased; and indeed, exclusive of individual recruits, he was here strengthened by the arrival of colonel Bassett with a considerable corps. But in the midst of these prosperous circumstances, some of them of such apparent importance to the success of his enterprise, all of them highly nattering to his feelings, he did not fail to observe that one favourable symptom (and that too of the most decisive nature) was still wanting. None of the considerable families, not a single nobleman, and scarcely any gentleman of rank and consequence in the counties through which he had passed had declared in his favour. Popular applause is undoubtedly sweet; and not only so, it often furnishes most powerful means to the genius that knows how to make use of them. But jMonmouth well knew that- without the countenance and assistance of a proportion, at least, of the higher ranks in the country, there was, for an undertaking like his, little prospect of success. He could not but have remarked that the habits and prejudices of the English people are, in a great degree, aristocratical; nor had he before him, nor indeed have we, since his time, had one single example of an insurrection that was successful, unaided by the ancient families and great landed proprietors. He must have felt this the more, because, in former parts of his political life, he had been accustomed to act with such coadjutors; and it is highly probable that if lord Eussell had been alive, and could have appeared at the head 1685.] DECLARES HIMSELF KING. 419 of one hundred only of his western tenantry, such a reinforce- ment would have inspired him with more real confidence than the thousands who individually flocked to his standard. But though Russell was no more, there were not wanting, either in the provinces through which the duke passed, or in other parts of the kingdom, many noble and wealthy fami- lies, who were attached to the principles of the whigs. To account for their neutrality, and, if possible, to persuade them to a different conduct, was naturally among his principal concerns. Their present coldness might be imputed to the indistinctness of his declarations with respect to what was intended to be the future government. Men zealous for monarchy might not choose to embark without some certain pledge that their favourite form should be preserved. They would also expect to be satisfied with respect to the person whom their arms, if successful, were to place upon the throne. To promise, therefore, the continuance of a monarchical esta- blishment, and to designate the future monarch, seemed to be necessary for the purpose of acquiring aristocratical support. Whatever might be the intrinsic weight of this argument, it easily made its way with Monmouth in his present situation. The aspiring temper of mind which is the natural conse- quence of popular favour and success, produced in him a dis- position to listen to any suggestion which tended to his elevation and aggrandizement; and when he could persuade himself, upon reasons specious at least, that the measures which would most gratify his aspiring desires would be, at the same time, a stroke of the soundest policy, it is not to be wondered at, that it was immediately and impatiently adopted. Urged, therefore, by these mixed motives, he declared himself king, and issued divers proclamations in the royal style; assigning to tho.se whose approbation he doubted, the rea- sons above adverted to, and proscribing, and threatening with the punishment due to rebellion, such as should resist his mandates, and adhere to the usurping duke of York. If this measure was in reality taken with views of policy, those views were miserably disappointed; for it does not appear that one proselyte was gained. The threats in the proclamation were received with derision by the king's army, and no other sentiments were excited by the assumption of the royal title, than those of contempt and indignation. The e e 2 420 HISTORY OF THE REIGN OF JAMES II. [1685. coram on wealtlismen were dissatisfied, of course, with the principle of the measure: the favourers of hereditary right held it in abhorrence, and considered it as a kind of sacri- legious profanation; nor even among those who considered monarchy in a more rational light, and as a magistracy insti- tuted for the good of the people, could it be at all agreeable that such a magistrate should be elected by the army that had thronged to his standard, or by the particular partiality of a provincial town. Monmouth's strength, therefore, was by no means increased by his new title, and seemed to be still limited to two descriptions of persons; first, those who, from thoughtlessness or desperation, were willing to join in any attempt at innovation; secondly, such as, directing their views to a single point, considered the destruction of James's tyranny as the object which, at all hazards, and without regard to consequences, they were bound to pursue. On the other hand, his reputation both for moderation and good faith was considerably impaired, inasmuch as his present conduct was in direct contradiction to that part of his decla- ration wherein he had promised to leave the future adjust- ment of government, and especially the consideration of his own claims, to a free and independent parliament. The notion of improving his new levies by discipline, seems to have taken such possession of Monmouth's mind, that he overlooked the probable, or rather the certain, conse- quences of a delay, by which the enemy would be ena- bled to bring into the field forces far better disciplined and appointed than any which, even with the most strenuous and successful exertions, he could hope to oppose to them. Upon this principle, and especially as he had not yet fixed upon any definite object of enterprise, he did not think a stay of a few days at Taunton would be materially, if at all, prejudicial to his affairs; and it was not till the 21st of June that he proceeded to Bridgewater, where he was received in the most cordial manner. In his march, the following day, from that town to Glastonbury, he was alarmed by a party of the earl of Oxford's horse; but all apprehensions of any material interruptions were removed by an account of the militia having left Wells, and retreated to Bath and Bristol. From Glastonbury he went to Shipton-Mallet, where the project of an attack upon Bristol was first communicated by 1685.] DESIGN TO ATTACK BRISTOL. 421 the duke to his officers. After some discussion, it was agreed that the attack should be made on the Gloucestershire side of the city, and with that view to pass the Avon at Keyn- sham Bridge, a few miles from Bath. In their march from Shipton- Mallet, the troops were again harassed in their rear by a party of horse and dragoons, but lodged quietly at night at a village called Pensford. A detachment was sent early the next morning to possess itself of Keynsham, and to repair the bridge, which might probably be broken down, to pre- vent a passage. Upon their approach, a troop of the Glou- cestershire horse-militia immediately abandoned the town in great precipitation, leaving behind them two horses and one man. By break of day, the bridge, which had not been much injured, was repaired, and before noon, Monmouth, having passed it with his whole army, was in full march to Bristol, which he determined to attack the ensuing night. But the weather proving rainy and bad, it was deemed expedient to return to Keynsham, a measure from which he expected to reap a double advantage; to procure dry and commodious quarters for the soldiery, and to lull the enemy, by a move- ment which bore the semblance of a retreat, into a false and delusive security. The event, however, did not answer his expectation, for the troops had scarcely taken up their quarters, when they were disturbed by two parties of horse, who entered the town at two several places. An engagement ensued, in which Monmouth lost fourteen men, and a cap- tain of horse, though in the end the royalists were obliged to retire, leaving three prisoners. From these the duke had information that the king's army was near at hand, and, as they said, about four thousand strong. This new state of affairs seemed to demand new councils. The projected enterprise upon Bristol was laid aside,, and the question was, whether to make by forced marches for Gloucester, in order to pass the Severn at that city, and so to gain the counties of Salop and Chester, where he expected to be met by many friends, or to march directly into Wilt- shire, where, according to some intelligence received 1 [" from 1 Eeference is made to Adlam's intelligence, page 423. It is clear, therefore, that Mr. Fox had intended to name him, hut as he omitted to do so, the words between the inverted commas have been inserted by the editor. 422 HISTORY OF THE REIGN OF JAMES II. [1685. one Adlam"] the day before, there was a considerable body of horse, (under whose command does not appear,) ready, by their junction, to afford him a most important and seasonable support. To the first of these plans a decisive objection was stated. The distance by Gloucester was so great, that, con- sidering the slow marches to which he would be limited, by the daily attacks with which the different small bodies of the enemy's cavalry would not fail to harass his rear, he was in great danger of being overtaken by the king's forces, and might thus be driven to risk all in an engagement upon terms the most disadvantageous. On the contrary, if joined in Wiltshire by the expected aids, he might confidently offer battle to the royal army; and, provided he could bring them to an action before they were strengthened by new reinforcements, there was no unreasonable prospect of success. The latter plan was therefore adopted, and no sooner adopted than put in execution. The army was in motion without delay, and being before Bath on the morning of the 26th of June, sum- moned the place, rather (as it should seem) in sport than in earnest, as there was no hope of its surrender. After this bravado they marched on southward to Philip's- Norton, where they rested; the horse in the town, and the foot in the field. While Monmouth was making these marches, there were not wanting, in many parts of the adjacent country, strong symptoms of the attachment of the lower orders of people to his cause, and more especially in those manufacturing towns where the protestant dissenters were numerous. In Froome, there had been a considerable rising, headed by the constable, who posted up the duke's declaration in the market-place. Many of the inhabitants of the neighbouring towns of West- bury and Warminster came in throngs to the town to join the insurgents; some armed with fire-arms, but more with such rustic weapons as opportunity could supply. Such a force, if it had joined the main army, or could have been otherwise directed by any leader of judgment and authority, might have proved very serviceable; but in its present state it was a mere rabble, and upon the first appearance of the earl of Pembroke, who entered the town with a hundred and sixty horse, and forty musketeers, fell, as might be expected, into total confusion. The rout was complete; all the arms 1685.] monmouth's disappointment. 423 of the insurgents were seized; and the constable, after having been compelled to abjure his principles, and confess the enormity of his offence, was committed to prison. This transaction took place the 25th, the day before Mon- mouth's arrival at Philip's -Norton, and may have, in a consider- able degree, contributed to the disappointment, of which we learn from Wade, that he at this time began bitterly to complain. He was now upon the confines of Wiltshire, and near enough for the bodies of horse, upon whose favourable intentions so much reliance had been placed, to have effected a junction, if they had been so disposed; but whether that Adlam's intelligence had been originally bad, or that Pem- broke's proceedings at Froome had intimidated them, no symptom of such an intention could be discovered. A de- sertion took place in his army, which the exaggerated accounts in the gazette made to amount to near two thousand men. These dispiriting circumstances, added to the complete dis- appointment of the hopes entertained from the assumption of the royal title, produced in him a state of mind but little short of despondency. He complained that all people had deserted him, and is said to have been so dejected, as hardly to have the spirit requisite for giving the necessary orders. From this state of torpor, however, he appears to have been effectually roused by a brisk attack that was made upon him on the 27th, in the morning, by the royalists, under the command of his half-brother, the duke of Grafton. That spirited young nobleman, (whose intrepid courage, conspi- cuous upon every occasion, led him in this, and many other instances, to risk a life, which he finally lost 1 in a better cause,) heading an advanced detachment of Lord Feversham's army, who had marched from Bath ? with a view to fall on the enemy's rear, marched boldly up a narrow lane leading to the town, and attacked a barricade, which Monmouth had caused to be made across the way, at the entrance of the 1 At the siege of Cork, in 1690. " In this action" (the taking of Cork by storm) " the duke of Grafton received a shot, of which he died in a few days. He was the more lamented, as being the person of all king Charles's children of whom there was the greatest hope ; he was brave, and pro- bably would have become a great man at sea." Burnet, iii. 83. He distin- guished himself particularly in the action off Beachy-head that same year. Sir J. Dalrymple, ii. 131. — Ed. 424 HISTORY OF THE REIGN OF JAMES II. [1685. town. Monmouth was no sooner apprised of this brisk attack, than he ordered a party to go out of the town by a by-way, who coming on the rear of the grenadiers while others of his men were engaged with their front, had nearly surrounded them, and taken their commander prisoner, but Grafton forced his way through the enemy. An engagement ensued between the insurgents and the remainder of Feversham's detachment, who had lined the hedges which flanked them. The former were victorious, and after driving the enemy from hedge to hedge, forced them at last into the open field, Where they joined the rest of the king's forces, newly come up. The killed and wounded in these rencounters amounted to about forty on Feversham's side, twenty on Monmouth's; but among the latter there were several officers, and some of note, while the loss of the former, with the exception of two volunteers, Seymour and May, consisted entirely of common soldiers. The royalists now drew up on an eminence, about five hundred paces from the hedges, while Monmouth, having placed of his four field-pieces, two at the mouth of the lane, and two upon a rising ground near it on the right, formed his army along the hedge. From these stations, a firing of artillery Was begun on each side, and continued near six hours, but with little or no effect. Monmouth, according to Wade, losing but one, and the royalists, according to the Gazette, not one man, by the whole cannonade. In these circum- stances, notwithstanding the recent and convincing experience he now had of the ability of his raw troops to face, in certain situations at least, the more regular forces of his enemy, Monmouth was advised by some to retreat; but upon a more general consultation, this advice was over-ruled, and it was determined to cut passages through the hedges and to offer battle. But before this could be effected, the royal army, not willing again to engage among the enclosures, annoyed in the open field by the rain which continued to fall very heavily, and disappointed, no doubt, at the little effect of their artillery, began their retreat. The little confidence which Monmouth had in his horse — perhaps the ill opinion he now entertained of their leader — forbade him to think of pursuit, and having stayed till a late hour in the field, and leaving large fires burn- ing, he set out on his march in the night, and on the 28th, 1685.] DESPONDENCY OF MONMOUTH. 425 in the morning, reached Froorne, where he put his troops in quarter and rested two days. It was here he first heard certain news of Argyle's discom- fiture. It was in vain to seek for any circumstance in his affairs that might mitigate the effect of the severe blow inflicted by this intelligence, and he relapsed into the same low spirits as at Philip's -Norton. No diversion, at least no successful diversion, had been made in his favour: there was no appearance of the horse, which had been the principal motive to allure him into that part of the country; and what was worst of all, no desertion from the king's army. It was manifest, said the duke's more timid advisers, that the affair must terminate ill, and the only measure now to be taken was, that the general with his officers should leave the army to shift for itself, and make severally for the most convenient sea-ports, whence they might possibly get a safe passage to the Continent. To account for Monmouth's entertaining, even for a moment, a thought so unworthy of him, and so inconsistent with the character for spirit he had ever main- tained — a character unimpeached even by his enemies — we must recollect the unwillingness with which he undertook this fatal expedition; that his engagement to Argyle, who was now past help, was perhaps his principal motive for em- barking at the time; that it was with great reluctance he had torn himself from the arms of Lady Harriet Wentworth, with whom he had so firmly persuaded himself that he could be happy in the most obscure retirement, that he believed him- self w^eaned from ambition, which had hitherto been the only passion of his mind. It is true, that when he had once yielded to the solicitations of his friends so far as to undertake a business of such magnitude, it was his duty (but a duty that required a stronger mind than his to execute) to discard from his thoughts all the arguments that had rendered his compliance reluctant. But it is one of the great distinctions between an ordinary mind and a superior one, to be able to carry on without relenting a plan we have not originally approved, and especially when it appears to have turned out ill. This proposal of disbanding was a step so pusillanimous and dishonourable, that it could not be approved by any council, however composed. It was condemned by all except colonel Venner, and was particularly inveighed against by 426 HISTORY OF THE REIGN OF JAMES II. [1685. lord Grey, wlio was perhaps desirous of retrieving, by bold words at least, the reputation he had lost at Bridport. It is possible, too, that he might be really unconscious of his deficiency in point of personal courage till the moment of danger arrived, and even forgetful of it when it was passed. Monmouth was easily persuaded to give up a plan so uncon- genial to his nature, resolved, though with little hope of success, to remain with his army to take the chance of events, and at the worst to stand or fall with men whose attachment to him had laid him under indelible obligations. This resolution being taken, the first plan was to proceed to Warminster, but on the morning of his departure hearing, on the one hand, that the king's troops were likely to cross his march, and on the other, being informed by a quaker before known to the duke, that there was a great club army, amounting to ten thousand men, ready to join his standard in the marshes to the westward, he altered his intention, and returned to Shipton -Mallet, where he rested that night, his army being in good quarters. From Shipton-Mallet he pro- ceeded, on the first of July, to Wells, upon information that there were in that city some carriages belonging to the king's army, and ill guarded. These he found and took, and stayed that night in the town. The following day he marched to- wards Bridgewater, in search of the great succour he had been taught to expect ; but found, of the promised ten thousand men, only a hundred and sixty. The army lay that night in the field, and once again entered Bridgewater on the third of July. That the duke's men were not yet completely dispirited or out of heart, appears from the circumstance of great num- bers of them going from Bridgewater to see their friends at Taunton, and other places in the neighbourhood, and almost all returning the next day according to their promise. On the fifth, an account was received of the king's army being considerably advanced, and Monmouth's first thought was to retreat from it immediately, and marching by Axbridge and Keynsham to Gloucester, to pursue the plan formerly rejected, of penetrating into the counties of Chester and Salop. His preparations for this march were all made, when, on the afternoon of the fifth, he learnt, more accurately than he had before done, the true situation of the royal army, and from the information now received, he thought it expedient 1685.] BATTLE OF SEDGMOOR. 427 to consult his principal officers whether it might not be ad- visable to attempt to surprise the enemy by a night attack upon their quarters. The prevailing opinion was, that if the infantry were not intrenched the plan was worth the trial; otherwise not. Scouts were despatched to ascertain this point, and their report being that there was no intrenchment, an attack was resolved on. In pursuance of this resolution, at about eleven at night, the whole army was in march, lord Grey commanding the horse, and colonel Wade the vanguard of the foot. The duke's orders were, that the horse should first advance, and pushing into the enemy's camp, endeavour to prevent their infantry from coming together; that the can- non should follow the horse, and the foot the cannon, and draw all up in one line, and so finish what the cavalry should have begun, before the king's horse and artillery could be got in order. But it was now discovered that though there were no intrenchments, there was a ditch which served as a drain to the great moor adjacent, of which no mention had been made by the scouts. To this ditch the horse under lord Grey advanced, and no farther; and whether immediately, as ac- cording to some accounts, or after having been considerably harassed by the enemy in their attempts to find a place to pass, according to others, quitted the field. The cavalry being gone, and the principle upon which the attack had been undertaken being that of a surprise, the duke judged it neces- sary that the infantry should advance as speedily as possible. Wade, therefore, when he came within forty paces of the ditch, was obliged to halt to put his battalion into that order, which the extreme rapidity of the march had for the time disconcerted. His plan was to pass the ditch, reserving his fire; but while he was arranging his men for that purpose, another battalion, newly come up, began to fire, though at a considerable distance; a bad example, which it was impossible to prevent the vanguard from following, and it was now no longer in the power of their commander to persuade them to advance. The king's forces, as well horse and artillery as foot, had now full time to assemble. The duke had no longer cavalry in the field, and though his artillery, which consisted only of three or four iron guns, was well served under the directions of a Dutch gunner, it was by no means equal to that of the royal army, which, as soon as it was light, began 428 HISTORY OF THE REIGN OF JAMES II. [1685. to do great execution. In these circumstances the unfortu- nate Monmouth, fearful of being encompassed and made prisoner by the king's cavalry, who were approaching upon his flank, and urged, as it is reported, to flight by the same person who had stimulated him to his fatal enterprise, quitted the field, accompanied by lord Grey and some others. The left wing, under the command of colonel Holmes and Matthews, next gave way; and Wade's men, after having continued for an hour and a half, a distant and ineffectual fire, seeing their left discomfited, began a retreat, which soon afterwards became a complete rout. Thus ended the decisive battle of Sedgmoor; an attack which seems to have been judiciously conceived, and in many parts spiritedly executed. The general was deficient neither in courage nor conduct; and the troops, while they displayed the native bravery of Englishmen, were under as good dis- cipline as could be expected from bodies newly raised. Two circumstances seem to have principally contributed to the loss of the day; first, the unforeseen difficulty occasioned by the ditch, of which the assailants had had no intelligence; and secondly, the cowardice of the commander of the horse. The discovery of the ditch was the more alarming, because it threw a general doubt upon the information of the spies, and the night being dark they could not ascertain that this was the only impediment of the kind which they were to expect. The dispersion of the horse was still more fatal, inasmuch as it deranged the whole order of the plan, by which it had been concerted that their operations were to facilitate the attack to be made by the foot. If lord Grey had possessed a spirit more suitable to his birth and name, to the illustrious friend- ship with which he had been honoured, and to the command with which he was entrusted, he would doubtless have per- severed till he found a passage into the enemy's camp, which could have been effected at a ford not far distant: the loss of time occasioned by the ditch might not have been very mate- rial, and the most important consequences might have ensued; but it would surely be rashness to assert, as Hume does, that the army would after all have gained the victory, had not the misconduct of Monmouth and the cowardice of Grey pre- vented it. This rash judgment is the more to be admired, as the historian has not pointed out the instance of miscon- 1685.] monmouth's escape. 429 duct to wliicli lie refers. The number of Monmouth's men killed is computed by some at two thousand, by others, at three hundred; a disparity, however, which may be easily reconciled, by supposing that the one account takes in those who were killed in battle, while the other comprehends the wretched fugitives who were massacred in ditches, corn- fields, and other hiding places, the following day. In general, I have thought it right to follow Wade's narra- tive, which appears to me by far the most authentic, if not the only authentic account of this important transaction. It is imperfect, but its imperfection arises from the narrator's omitting all those circumstances of which he was not an eye- witness, and the greater credit is on that very account due to him for those which he relates. With respect to Monmouth's quitting the field, it is not mentioned by him, nor is it pos- sible to ascertain the precise point of time at which it hap- pened. That he fled while his troops were still fighting, and therefore too soon for his glory, can scarcely be doubted; and the account given by Ferguson, whose veracity, however, is always to be suspected, that lord Grey urged him to the mea- sure, as well by persuasion as by example, seems not improbable. The misbehaviour of the last-mentioned nobleman is more certain; but as, according to Ferguson, who has been followed by others, he actually conversed with Monmouth in the field, and as all accounts make him the companion of his flight, it is not to be understood that w T hen he first gave way with his cavalry, he ran away in the literal sense of the words, or if he did, he must have returned. The exact truth, with regard to this and many other interesting particulars, is diffi- cult to be discovered; owing, not more to the darkness of the night in which they were transacted, than to the per- sonal partialities and enmities by wmich they have been disfigured, in the relations of the different contemporary writers. Monmouth with his suite first directed his course towards the Bristol Channel, and as is related by Oldmixon, was once inclined, at the suggestion of Dr. Oliver, a faithful and honest adviser, to embark for the coast of Wales, with a view of concealing himself some time in that principality. Lord Grey, who appears to have been, in all instances, his evil genius, dissuaded him from this plan, and the small party having 430 HISTORY OF THE REIGN OF JAMES II. [1685. separated, took each several ways. Monmouth, Grey, and a gentleman of Brandenburg, went southward, with a view to gain the New Forest in Hampshire, where, by means of Grey's connexions in that district, and thorough knowledge of the country, it was hoped they might be in safety, till a vessel could be procured to transport them to the Continent. They left their horses, and disguised themselves as peasants; but the pursuit, stimulated as well by party zeal, as by the great pecuniary rewards offered for the capture of Monmouth and Grey, was too vigilant to be eluded. Grey was taken on the 7th in the evening; and the German, who shared the same fate early on the next morning, confessed that he had parted from Monmouth but a few hours since. The neigh- bouring country was immediately and thoroughly searched, and James had ere night the satisfaction of learning that his nephew was in his power. The unfortunate duke was dis- covered in a ditch, half concealed by fern and nettles. His stock of provision, which consisted of some peas gathered in the fields through which he had fled, was nearly exhausted, and there is reason to think that he had little, if any other sustenance, since he left Bridgewater on the evening of the 5th. To repose he had been equally a stranger; how his mind must have been harassed, it is needless to discuss. Yet that in such circumstances he appeared dispirited and crest- fallen, is, by the unrelenting malignity of party writers, imputed to him as cowardice and meanness of spirit. That the failure of his enterprise, together with the bitter reflection, that he had suffered himself to be engaged in it against his own better judgment, joined to the other calamitous circum- stances of his situation, had reduced him to a state of despon- dency, is evident; and in this frame of mind, he wrote on the very clay of his capture, the following letter to the king: u Sir, — Your majesty may think it the misfortune I now lie under, makes me make this application to you; but I do assure your majesty, it is the remorse I now have in me of the wrong I have done you in several things, and now in taking up arms against you. For my taking up arms, it w r as never in my thought since the king died: the prince and princess of Orange will be witness for me of the assurance I gave them, that I would never stir against you. But my misfortune was such as to meet with some horrid people, that 1685.] LETTER TO THE KING. 431 made me believe things of your majesty, and gave me so many false arguments, that I was fully led away to believe, that it was a shame and a sin before God not to do it. But, sir, I will not trouble your majesty at present with many things I could say for myself, that I am sure would move your compassion; the chief end of this letter being only to beg of you, that I may have that happiness as to speak to your majesty; for I have that to say to you, sir, that I hope may give you a long and happy reign. " I am sure, sir, when you hear me, you will be convinced of the zeal I have of your preservation, and how heartily I repent of what I have done. I can say no more to your majesty now, being this letter must be seen by those that keep me. Therefore, sir, I shall make an end, in begging of your majesty to believe so well of me, that I would rather die a thousand deaths than excuse anything I have done, if I did not really think myself the most in the wrong that ever a man was, and had not from the bottom of my heart an abhorrence for those that put me upon it, and for the action itself. I hope, sir, God Almighty will strike your heart with mercy and compassion for me, as he has done mine with the abhorrence of what I have done: wherefore, sir, I hope I may live to show you how zealous I shall ever be for your service; and could I but say one word in this letter, you would be convinced of it; but it is of that consequence, that I dare not do it. Therefore, sir, I do beg of you once more to let me speak to you ; for then you will be convinced how much I shall ever be, your majesty's most humble and dutiful " Monmouth." The only certain conclusion to be drawn from this letter, which Mr. Echard, in a manner perhaps not so seemly for a churchman, terms submissive, 1 is, that Monmouth still wished anxiously for life, and was willing to save it, even at the cruel price of begging and receiving it as a boon from his enemy. Ralph conjectures with great probability, that this unhappy man's feelings were all governed by his excessive affection for his mistress; and that a vain hope of enjoying, with lady Harriet Wentworth, that retirement which he had 1 E chard, p. 771. "His former spiiit sunk into pusillanimity, and he meanly endeavoured, by the following submissive letter," &c. — E. 432 HISTORY OF THE REIGN OF JAMES II. [1685. so unwillingly abandoned, induced him to adopt a conduct, which he might otherwise have considered as indecent. At any rate it must be admitted that to cling to life, is a strong instinct in human nature, and Monmouth might reasonably enough satisfy himself, that when his death could not by any possibility benefit either the public or his friends, to follow such instinct, even in a manner that might tarnish the splen- dour of heroism, was no impeachment of the moral virtue of a man. With respect to the mysterious part of the letter, where he speaks of one word which would be of such infinite import- ance, it is difficult, if not rather utterly impossible, to ex- plain it by any rational conjecture. Mr. Macpherson's favourite hypothesis, that the prince of Orange had been a party to the late attempt, and that Monmouth's intention, when he wrote the letter, was to disclose this important fact to the king, 1 is totally destroyed by those expressions, in which the unfortunate prisoner tells his majesty he had assured the prince and princess of Orange that he would never stir against him. Did he assure the prince of Orange that he would never do that which he was engaged to the prince of Orange to do? Can it be said that this was a false fact, and that no such assurances were in truth given? To what purpose was the falsehood? In order to conceal, from motives whether honourable or otherwise, his connexion with the prince? What! a fiction in one paragraph of the letter in order to conceal a fact, which in the next he declares his intention of revealing? The thing is impossible. 2 The intriguing character of the secretary of state, the earl of Sunderland, whose duplicity in many instances cannot be doubted, and the mystery in which almost everything relating to him is involved, might lead us to suspect that the expres- sions point at some discovery in which that nobleman was concerned, and that Monmouth had it in his power to be of 1 Macpherson's Hist. 2 Even if this complete refutation were wanting, the whole system of conduct imputed to the prince of Orange by the above-mentioned author, by which he is made to act in concert with Monmouth at this time, is so contrary to common sense, that the hypothesis never could have been offered to the belief of mankind by one whose mind was not fortified by some previous experience of their unbounded credulity. 1685.] OBSERVATIONS ON THE LETTER. 433 important service to James, by revealing to him the treachery of his minister. Such a conjecture might be strengthened by an anecdote that has had some currency, and to the truth of which, in part, king James's Memoirs, if the extracts from them can be relied on, bear testimony. It is said that the duke of Monmouth told Mr. Ralph Sheldon, one of the king's chamber, who came to meet him on his way to London, that he had had reason to expect Sunderland's co-operation, and authorized Sheldon to mention this to the king: that while Sheldon was relating this to his majesty, Sunderland entered; Sheldon hesitated, but was ordered to go on. " Sunderland seemed, at first, struck," (as well he might, whether innocent or guilty,) "but after a short time said, with a laugh, 'If that be all he (Monmouth) can discover to save his life, it will do him little good.' " x It is to be remarked, that in Sheldon's conversation, as alluded to by king James, the prince of Orange's name is not even mentioned, either as con- nected with Monmouth or with Sunderland. But, on the other hand, the difficulties that stand in the way of our inter- preting Monmouth's letter as alluding to Sunderland, or of supposing that the writer of it had any well-founded accusa- tion against that minister, are insurmountable. If he had such an accusation to make, why did he not make it? The king says expressly, both in a letter to the prince of Orange, and in the extract from his Memoirs, above cited, that Mon- mouth made no discovery of consequence, and the explana- tion suggested, that his silence was owing to Sunderland the secretary's having assured him of his pardon, seems wholly inadmissible. Such assurances could have their influence no longer than while the hope of pardon remained. ^Vhy, then, did he continue silent, when he found James inexorable? Jf he was willing to accuse the earl before he had received these assurances, it is inconceivable that he should have any scruple about doing it when they turned out to have been delusive, and when his mind must have been exasperated by the reflec- tion that Sunderland's perfidious promises and self-interested suggestions had deterred him from the only probable means of saving his life. A third, and perhaps the most plausible, interpretation of 1 Macplierson's State Papers, i. 14G. F F 434 HISTORY OF THE REIGN OF JAMES II. [1685. the words in question is, that they point to a discovery of Monmouth's friends in England, when, in the dejected state of his mind at the time of writing, unmanned as he was by misfortune, he might sincerely promise what the return of better thoughts forbade him to perform. This account, how- ever, though free from the great absurdities belonging to the two others, is by no means satisfactory. The phrase, " one word," seems to relate rather to some single person, or some single fact, and can hardly apply to any list of associates that might be intended to be sacrificed. On the other hand, the single denunciation of lord Delamere, of Lord Brandon, or even of the earl of Devonshire, or of any other private indi- vidual, could not be considered as of that extreme consequence which Monmouth attaches to his promised disclosure. I have mentioned lord Devonshire, who was certainly not implicated in the enterprise, and who was not even suspected, because it appears, from Grey's narrative, that one of Monmouth's agents had once given hopes of his support; and therefore there is a bare possibility that Monmouth may have reckoned upon his assistance. Perhaps, after all, the letter has been canvassed with too much nicety, and the words of it weighed more scrupulously than, proper allowance being made for the situa- tion and state of mind of the writer, they ought to have been. They may have been thrown out at hazard, merely as means to obtain an interview, of which the unhappy prisoner thought he might, in some way or other, make his advantage. If any more precise meaning existed in his mind, we must be content to pass it over as one of those obscure points of history, upon which neither the sagacity of historians, nor the many docu- ments since made public, nor the great discoverer, Time, has yet thrown any distinct light. Monmouth and Grey were now to be conveyed to London, for which purpose they set out on the 11th, and arrived in the vicinity of the metropolis on the 1 3th of July. In the mean- while, the queen dowager, who seems to have behaved with a uniformity of kindness towards her husband's son that does her great honour, urgently pressed the king to admit his nephew to an audience. Importuned, therefore, by entreaties, and instigated by the curiosity which Monmouth's mysterious expressions, and Sheldon's story had excited, he consented, though with a fixed determination to show no mercy. James 1685.] the king's INTERVIEW WITH MONMOUTH. 435 was not of the number of those, in whom the want of an extensive understanding is compensated by a delicacy of sen- timent, or by those right feelings, which are often found to be better guides for the conduct than the most accurate reason- ing. His nature did not revolt, his blood did not run cold, at the thoughts of beholding the son of a brother whom he had loved, embracing his knees, petitioning, and petitioning in vain, for life; of interchanging words and looks with a nephew, on whom he was inexorably determined, within forty-eight short hours, to inflict an ignominious death. In Macpherson's extract from king James's Memoirs, it is confessed that the king ought not to have seen, if he was not disposed to pardon the culprit; 1 but whether the observation is made by the exiled prince himself, or by him who gives the extract, is in this, as in many other passages of those Memoirs,, difficult to determine. Surely if the king had made this re- flection before Monmouth's execution, it must have occurred to that monarch, that if he had inadvertently done that which he ought not to have done, without an intention to pardon, the only remedy was to correct that part of his conduct which was still in his power, and since he could not recal the interview, to grant the pardon. Pursuant to this hard-hearted arrangement, Monmouth and Grey, on the very day of their arrival, were brought to White- hall, where they had severally interviews with his majesty. James, in a letter to the prince of Orange, dated the following day, gives a short account of both these interviews. Mon- mouth, he says, betrayed a weakness which did not become one who had claimed the title of king; but made no discovery of consequence. Grey was more ingenuous, 2 (it is not cer- tain in what sense his majesty uses the term, since he does not refer to any discovery made by that lord,) and never once begged his life. Short as this account is, it seems the only authentic one of those interviews. Bishop Kennet, who has been followed by most of the modern historians, relates, that " This unhappy captive, by the intercession of the queen dowager, was brought to the king's presence, and fell presently at his feet, and 'confessed he deserved to die; but conjured him, with tears in his eyes, not to use him with the severity of justice, and to grant him a life, which he would be ever ready 1 Macpherson's State Papers, i. 144. 2 Dalrvmple's Memoirs, ii. 134. ' F F 2 436 HISTORY OF THE REIGN OF JAMES IT. [1685. to sacrifice for his service. He mentioned to liim the example of several great princes, who had yielded to the impressions of clemency on the like occasions, and who had never after- wards repented of those acts of generosity and mercy; con- cluding in a most pathetical manner, ' Remember, sir, I am your brother's son, and if you take my life, it is your own blood that you will shed.' The king asked him several ques- tions, and made him sign a declaration that his father told him he was never married to his mother : and then said, he was sorry indeed for his misfortunes; but his crime was of too great a consequence to be left unpunished, and he must of ne- cessity sailer for it. The queen is said to have insulted him in a very arrogant and unmerciful manner. So that when the duke saw there was nothing designed by this interview but to satisfy the queen's revenge, he rose up from his majesty's feet with a new air of bravery, and was carried back to the Tower." 1 The topics used by Monmouth are such as he might naturally have employed, and the demeanour attributed to him, upon finding the king inexorable, is consistent enough with general probability, and his particular character: but that the king took care to extract from him a confession of Charles's declaration with respect to his illegitimacy, before he announced his final refusal of mercy, and that the queen was present for the purpose of reviling and insulting him, are circumstances too atrocious to merit belief, without some more certain evidence. It must be remarked also, that Bur- net, whose general prejudices would not lead him to doubt any imputations against the queen, does not mention her majesty's being present. Monmouth's offer of changing religion is mentioned by him, but no authority quoted; and no hint of the kind appears either in James's Letters, or in the extract from his Memoirs. From "Whitehall, Monmouth was at night carried to the Tower, where, no longer uncertain as to his fate, he seems to have collected his mind, and to have resumed his wonted fortitude. The bill of attainder that had lately passed having superseded the necessity of a legal trial, his execution was fixed for the next day but one after his commitment. This i Kennet, iii. 432. Ecliard, iii. 771. 168o.] monmouth's execution fixed. 437 interval appeared too short even for the worldly business which he wished to transact, and he wrote again to the king on the 14th, desiring some short respite, vv T hich was peremp- torily refused. The difficulty of obtaining any certainty concerning facts 5 even in instances where there has not been any apparent motive for disguising them, is nowhere more striking than in the few remaining hours of this unfortunate man's life. According to king James's statement in his Memoirs, he refused to see his wife, while other accounts assert positively that she refused to see him, unless in presence of witnesses. Burnet, who was not likely to be mistaken in a fact of this kind, says they did meet, and parted very coldly, a circumstance, which, if true, gives us no very favour- able idea of the lady's character. There is also mention of a third letter written by him to the king, which being entrusted to a perfidious officer of the name of Scott, never reached its destination; 1 but for this there is no foundation. What seems most certain is, that in the Tower, and not in the closet, he signed a paper, renouncing his pretensions to the crown, the same which he afterwards delivered on the scaffold; and that he was inclined to make this declaration, not by any vain hope of life, but by his affection for his children, whose situation he rightly judged would be safer and better under the reigning monarch and his successors, when it should be evident that they could no longer be competitors for the throne, Monmouth was very sincere in his religious professions, and it is probable that a great portion of this sad day was passed in devotion and religious discourse with the two pre- lates who had been sent by his majesty to assist him in his spiritual concerns. Turner, bishop of Ely, had been with him early in the morning, and Kenn, bishop of Bath and "Wells, was sent, upon the refusal of a respite, to prepare him for the stroke, which it was now irrevocably fixed he should suffer the ensuing day. They stayed with him all night, and in the morning of the fifteenth were joined by Dr, Hooper, afterwards, in the reign of Anne, made bishop of Bath and Wells, and by Dr. Tennison, who succeeded Tillot- son in the see of Canterbury. This last divine is stated by Burnet to have been most acceptable to the duke, and, though 1 Dalrymple's Memoirs, i. 127. 438 HISTORY OF THE REIGN OF JAMES II. [1685. he joined the others in some harsh expostulations, to have done what the right reverend historian conceives to have been his duty, in a softer and less peremptory manner. Cer- tain it is, that none of these holy men seem to have erred on the side of compassion or complaisance to their illustrious penitent. Besides endeavouring to convince him of the guilt of his connexion with his beloved lady Harriet, of which he could never be brought to a due sense, they seem to have repeatedly teased him with controversy, and to have been far more solicitous to make him profess what they deemed the true creed of the church of England, than to soften or console his sorrows, or to help him to that composure of mind so necessary for his situation. He declared himself to be a member of their church, but they denied that he could be so, unless he thoroughly believed the doctrine of passive obedi- ence and non-resistance. He repented generally of his sins, and especially of his late enterprise, but they insisted that he must repent of it in the w 7 ay they prescribed to him, that he must own it to have been a wicked resistance to his lawful king, and a detestable act of rebellion. 1 Some historians have imputed this seemingly cruel conduct to the king's par- ticular instructions, who might be desirous of extracting, or rather extorting, from the lips of his dying nephew such a confession as would be matter of triumph to the royal cause. But the character of the two prelates principally concerned, both for general uprightness and sincerity as church of Eng- land men, makes it more candid to suppose that they did not act from motives of servile compliance, but rather from an intemperate party zeal for the honour of their church, which they judged would be signally promoted if such a man as Monmouth, after having throughout his life acted in defiance of their favourite doctrine, could be brought in his last mo- ments to acknowledge it as a divine truth. It must never be forgotten, if we would understand the history of this period, that the truly orthodox members of our church regarded monarchy not as a human, but as a divine institution, and passive obedience and non-resistance, not as political maxims, but as articles of religion. At ten o'clock on the 15th, Monmouth proceeded in a 1 Burnet, ii. 330. Ecliard, iii. 772. 1685.] CIRCUMSTANCES OF MONMOUTH'S EXECUTION. 439 carriage of the lieutenant of the Tower to Tower-hill, the place destined for his execution. The two bishops were in the carriage with him, and one of them took that opportunity of informing him, that their controversial altercations were not yet at an end; and that upon the scaffold he would again be pressed for more explicit and satisfactory declarations of repentance. When arrived at the bar, which had been put up for the purpose of keeping out the multitude, Monmouth descended from the carriage, and mounted the scaffold, with a firm step, attended by his spiritual assistants. The sheriffs and executioners were already there. The concourse of spectators was innumerable; and if we are to credit traditional accounts, never was the general compassion more affectingly expressed. The tears, sighs, and groans which the first sight of this heart-rending spectacle produced, were soon suc- ceeded by an universal and awful silence; a respectful atten- tion, and affectionate anxiety, to hear every syllable that should pass the lips of the sufferer. The duke began by say- ng he should speak little; he came to die, and he should die a protestant of the church of England. Here he was inter- rupted by the assistants, and told, that if he was of the church of England, he must acknowledge the doctrine of non-resist- ance to be true. In vain did he reply that if he acknowledged the doctrine of the church in general, it included all: they insisted he should own that doctrine particularly w^ith respect to his case, and urged much more concerning their favourite point, upon w^hich, however, they obtained nothing but a repetition in substance of former answers. He was then pro- ceeding to speak of Lady Harriet TTentworth, of his high esteem for her, and of his confirmed opinion that their con- nexion was innocent in the sight of God; when Goslin, the sheriff, asked him, with all the unfeeling bluntness of a vulgar mind, whether he was ever married to her. The duke refusing to answer, the same magistrate, in the like strain, though changing his subject, said he hoped to have heard of his repentance for the treason and bloodshed which had been committed; to which the prisoner replied with great mildness, that he died very penitent. Here the churchmen again interposed, and renewing their demand of particular penitence and public acknowledgment upon public affairs, Monmouth referred them to the following paper, which he had signed that morning: 440 HISTORY OF THE REIGN OF JAMES II. [1685. " I declare that the title of king was forced upon me, and that it was very much contrary to my opinion when I was proclaimed. For the satisfaction of the world, I do declare that the Jate kins; told me he was never married to mv mother. Having declared this, I hope the king who is now will not let my children suffer on this account. And to this I put my hand this fifteenth day of July, 1685. " Monmouth." There was nothing, they said, in that paper about resist- ance; nor, though Monmouth, quite worn out with their importunities, said to one of them, in the most affecting manner, " I am to die — pray my Lord — I refer to my paper," would those men think it consistent with their duty to desist. There were only a few words they desired on one point. The substance of these applications on the one hand, and answers on the other, was repeated, over and over again, in a manner that could not be believed, if the facts were not attested by the signature of the persons principally concerned. 1 If the duke, in declaring his sorrow for what had passed, used the word invasion, " Give it the true name," said they, " and call it rebellion." "What name you please," replied the mild-tempered Monmouth. He was sure he was going to everlasting happiness, and considered the serenity of his mind in his present circumstances as a certain earnest of the favour of his Creator. His repentance, he said, must be true, for he had no fear of dying; he should die like a lamb. "Much may come from natural courage," was the unfeeling and stupid reply of one of the assistants. Monmouth, with that modesty inseparable from true bravery, denied that he was in general less fearful than other men, maintaining that his present courage was owing to his consciousness that God had forgiven him his past transgressions, of all which generally he repented with all his soul. At last the reverend assistants consented to join w T ith him in prayer, but no sooner were they risen from their kneeling posture than they returned to their charge. Not satisfied with what had passed, they exhorted him to a true and thorough repentance: would he not pray for the king? and send a dutiful message to his majesty to recommend the 1 Vide Somers's Tracts, i. 435. 1685.] Monmouth's execution. 441 duchess and his children? "As you please," was the reply; " I pray for him and for all men." He now spoke to the execu- tioner, desiring that he might have no cap over his eyes, and began undressing. One would have thought that in this last sad ceremony, the poor prisoner might have been unmolested, and that the divines would have been satisfied, that prayer was the only part of their function for which their duty now called upon them. They judged differently, and one of them had the fortitude to request the duke, even in this stage of the business, that he would address himself to the soldiers then present, to tell them he stood a sad example of rebellion, and entreat the people to be loyal and obedient to the king. " I have said I will make no speeches," repeated Monmouth, in a tone more peremptory than he had before been provoked to; " I will make no speeches. I come to die." " My lord, ten words will be enough," said the persevering divine; to which the duke made no answer, but turning to the executioner, expressed a hope that he would do his work better now than in the case of lord Russell. He then felt the axe, which he apprehended was not sharp enough, but being assured that it was of proper sharpness and weight, he laid down his head. In the meantime, many fervent ejaculations were used by the reverend assistants, who, it must be observed, even in these moments of horror, showed themselves not unmindful of the points upon which they had been disputing, praying God to accept his imperfect and general repentance. The executioner now struck the blow, but so feebly or unskilfully, that Monmouth, being but slightly wounded, lifted up his head, and looked him in the face as if to upbraid him, but said nothing. The two following strokes were as ineffectual as the first, and the headsman, in a fit of horror, declared he could not finish his work. The sheriffs threatened him; he was forced again to make a further trial, and in two more strokes separated the head from the body. Thus fell, in the thirty-sixth year of his age, James, duke of Monmouth, a man against whom all that has been said by the most inveterate enemies both to him and. his party, amounts to little more than this, that he had not a mind equal to the situations in which his ambition, at different times, en- gaged him to place himself. But to judge him with candour, we must make great allowances, not only for the temptations 442 HISTORY OF THE REIGN OF JAMES II. [1685. into which he was led by the splendid prosperity of the earlier parts of his life, but also for the adverse prejudices with which he was regarded by almost all the contemporary writers, from whom his actions and character are described. The tories, of course, are unfavourable to him; and even among the whigs, there seems, in many, a strong inclination to dis- parage him; some to excuse themselves for not having joined him, others to make a display of their exclusive attachment to their more successful leader, king William. Burnet says of Monmouth, that he was gentle, brave, and sincere: to these praises, from the united testimony of all who knew him, we may add that of generosity; and surely those qualities go a great way in making up the catalogue of all that is amiable and estimable in human nature. One of the most conspicuous features in his character seems to have been a remarkable, and, as some think, a culpable degree of flexibility. That such a disposition is preferable to its opposite extreme, will be ad- mitted by all who think that modesty, even in excess, is more nearly allied to wisdom than conceit and self-sufficiency. He who has attentively considered the political, or, indeed, the general concerns of life, may possibly go still further, and rank a willingness to be convinced, or in some cases even without conviction, to concede our own opinion to that of other men, among the principal ingredients in the composi- tion of practical wisdom. Monmouth had suffered this flexibility, so laudable in many cases, to degenerate into a habit which made him often follow the advice, or yield to the entreaties, of persons whose characters by no means entitled them to such deference. The sagacity of Shaftesbury, the honour of Russel, the genius of Sidney, might, in the opinion of a modest man, be safe and eligible guides. The partiality of friendship, and the conviction of his firm attachment, might be some excuse for his listening so much to Grey; but he never could, at any period of his life, have mistaken Fergu- son for an honest man. There is reason to believe, that the advice of the two last-mentioned persons had great weight in persuading him to the unjustifiable step of declaring himself king. But far the most guilty act of this unfortunate man's life was his lending his name to the declaration which was published at Lyme, and in this instance Ferguson, who penned the paper, was both the adviser and the instrument. To 1685.] CHARACTER OF MONMOUTH. 443 accuse the king of having burnt London, murdered Essex in the Tower, and, finally, poisoned his brother, unsupported by evidence to substantiate such dreadful charges, was calumny of the most atrocious kind; but the guilt is still heightened, when we observe, that from no conversation of Monmouth, nor, indeed, from any other circumstance whatever, do we collect that he himself believed the horrid accusations to be true. With regard to Essex's death in particular, the only one of the three charges which was believed by any man of common sense, the late king was as much implicated in the suspicion as James. That the latter should have dared to be concerned in such an act, without the privacy of his brother, was too absurd an imputation to be attempted, even in the days of the popish plot. On the other hand, it was certainly not the intention of the son to brand his father as an assassin. It is too plain that, in the instance of this declaration, Mon- mouth, with a facility highly criminal, consented to set his name to whatever Ferguson recommended as advantageous to the cause. Among the many dreadful circumstances attend- ing civil wars, perhaps there are few more revolting to a good mind, than the wicked calumnies with which, in the heat of contention, men, otherwise men of honour, have in all ages and countries permitted themselves to load their adversaries. It is remarkable that there is no trace of the divines who at- tended this unfortunate man, having exhorted him to a par- ticular repentance of his manifesto, or having called for a re- traction or disavowal of the accusations contained in it. They w r ere so intent upon points more immediately connected with orthodoxy of faith, that they omitted pressing their penitent to the only declaration by which he could make any satisfactory atonement to those whom he had injured. 444 HISTORY OP THE REIGN OF JAMES II. FRAGMENTS. The following detached paragraphs were probably intended for the fourth chapter. They are here printed in the in- complete and unfinished state in which they were found. "While the whigs considered all religious opinions with a view to politics, the tories, on the other hand, referred all political maxims to religion. Thus the former, even in their hatred to popery, did not so much regard the superstition, or imputed idolatry of that unpopular sect, as its tendency to es- tablish arbitrary power in the state, while the latter revered absolute monarchy as a divine institution, and cherished fr the doctrines of passive obedience and non-resistance as articles of religious faith. To mark the importance of the late events, his majesty caused two medals to be struck; one of himself, with the usual inscription, and the motto, Aras et sceptra tuemur ; the other of Monmouth, without any inscription. On the reverse of the former, were represented the two headless trunks of his lately vanquished enemies, with other circumstances in the same taste and spirit, the motto, Ambitio malesuada ruit ; on that of the latter appeared a young man falling in the attempt to climb a rock with three crowns on it, under which was the insulting motto, Superi risere. With the lives of Monmouth and Argyle ended, or at least seemed to end, all prospect of resistance to James's absolute power; and that class of patriots who feel the pride of sub- mission, and the dignity of obedience, might be completely satisfied that the crown was in its full lustre. FRAGMENTS. 445 James was sufficiently conscious of the increased strength, of his situation, and it is probable that the security he now felt in his power inspired him with the design of taking more decided steps in favour of the popish religion and its pro- fessors, than his connexion with the church of England party had before allowed him to entertain. That he from this time attached less importance to the support and affection of the tories is evident from lord Rochester's observations, commu- nicated afterwards to Burnet. This nobleman's abilities and experience in business, his hereditary merit, as son of lord chancellor Clarendon, and his uniform opposition to the exclu- sion bill, had raised him high in the esteem of the church party. This circumstance, perhaps, as much, or more than the king's personal kindness to a brother-in-law, had contri- buted to his advancement to the first office in the state. As long, therefore, as James stood in need of the support of the party, as long as he meant to make them the instruments of his power, and the channels of his favour, Rochester was, in every respect, the fittest person in whom to confide; and accord- ingly, as that nobleman related to Burnet, his majesty honoured him with daily confidential communications upon all his most secret schemes and projects. But upon the defeat of the rebellion, an immediate change took place, and from the day of Monmouth's execution, the king confined his conver- sations with the treasurer to the mere business of his office. INDEX. Aberdeen, earl of, recalled from the government of Scotland, 179. Abhorrers and Petitioners, 145. Absolute power, its various opponents under Charles I., 19; its extinction as a principle in England, 23; efforts of the York party to extend it, 183 ; the chief aim of James II. and of his pre- decessors, 347. Adda, the nuncio d', reception of at Windsor, 235. Addresses, servile, to James II., 340. American colonies, British, lord Hali- fax's views respecting, 324. Anglicnn preachers and prelates, their firm resistance to popery under James, 214. Arbitrary power, progress of, 217. Argyle, earl of, persecuted, 63; executed, 64; the object of the duke of York's hostility, 159 ; the proviso he added on taking the new test, 160; is im- peached and condemned to death, but escapes, ib. ; his estates confiscated, 161 ; makes a descent upon Scotland, is taken and executed, 194; account of, 378 ; motives of his policy in his de- scent upou Scotland, 389 ; circum- stances which led to the discovery of his expedition, ib. ; observations upon his method of proceeding, 391 ; divi- sions among his followers, 392 ; de- tailed account of his expedition, ib. et seq. ; particulars of his capture, 396 ; his noble deportment under defeat, 397 ; particulars of his last days, 399, et seq. ; his genuine piety, 400 ; account of his death, 404 ; fate of his followers, 407. Arlington, lord, impeached, 110. Aristocracy, popular inroads upon, 8. Armstrong, an ex-officer, attends a meet- ing of conspirators against the govern- ment at Shepherd's, 168 ; disgraceful conduct towards him of the king, 177 ; his execution, ib. Army, the, its victory over the presby- terian parliament, 37 ; difficulties oc- casioned by the question of disband- ing the, 41 ; condition and views of as a party after the death of Crom- well, 47 ; increase of, under Jame3 II., 205 ; its earnest hostility to popery, 218. Augsburg, league of, 262. Ayloff, Mr., his interview with James, 197 ; is executed, ib. Baillée, a Scottish presbyterian, inter- rogated by the king, 172 ; execution of, 179. Baxter, Richard, his trial and punish- ment, 191 ; characterized, 343. Beaufort, duke of, obtains a verdict against the denouncers of The Plot, 182. Bedloe, William, comes forward as a witness against the papists in The Plot, 128 ; his narrative, ib. Bishops, the Anglican, their self-inte- rested sanctions of the tyrannical pre- tensions of James I., 15 ; petition of the, to the king against the reading of the ordinance of toleration, 241 ; sum- moned before the council, 242 ; conduct of the populace on their being sent to the Tower, 244; trial of, 247, Blood, colonel, his attempt to murder the duke of Ormond, 97. Bothwell bridge, battle of, 142. Breda, declaration of, 51. Bridgeman, chancellor, his comprehen- sion bill, 85. Buckingham, Villiers, duke of, his assas- sination, 20. , George Villiers, duke of, cha- 448 INDEX. terized, 71; his mission to Holland,102 its failure, «6. ; impeachment of, 110. Burnet, Gilbert, remark of his as to the house of commons, 146 ; claimed of the States by d'Albe ville, 229 ; account of, 229, 230 ; draws up a document setting forth the claims of William, and the reasons for inviting him to the throne, 260 ; statement of his as to James's views on the balance of power, 344. Cabal Ministry, formation of the, 88 ; its unconstitutional issue of parliamen- tary writs, 103; broken up, 110; its unprincipled, character 303; betrayed by the king, ib. Cameron and Cargill, their insurrection, 15S. Catholics, Roman, their loyalty through- out the civil war and protectorate, G 9 ; their religion preferred at court, 70 ; endeavour of Charles to procure tole- ration for them, ib ; hatred towards them of the English people, ib.; oppo- sition to the court engendered by its efforts to favour them, 72 ; prosecution of, as accomplices in the plot, 129 ; made the victims of the various views of parties, 130 ; their alarm at the prospect of James dying without a popish heir, 219; divide into two parties, high and low, 220 ; distinction between these, ib. ; attempt to invade the universities, 233. lords, quit the Tower, 182. Catholics, high, leaders of the party, 222 ; their projects with reference to a popish heir, 224. Cavaliers, formation of this party, 29 ; neglect of by the king, 80 ; party of the old, their views, 113. Charles I., circumstances under which he acceded to the throne, 18 ; his commencement of tyranny, ib. ; ex- cites the hostility of the lawyers, 19 ; characterized, 21 ; his pertinacious adherence to absolutist views, 35 ; observations on his trial and execu- tion, 38; effect of his death upon various classes, 39 ; his statue set up at Charing Cross, 113; historical im- portance of his reign, 293 ; his execu- tion, inquiry into its character, 296 ; its inutility as an immediate example, but it raised England in the opinion of Europe, 298. Charles II. offends the Scots by his loose conduct, 39 ; his irresolute con- duct, 40 ; his view of the Revolution, 54 ; his ruling ideas, ib. ; rejoicings at his return, 55; his first ministry, 61; its singularly various composition cha racterized, 62 ; requires the repeal of the triennial bill, 73 ; meets much re- probation for the cruelties exercised upon the Scottish presbyterians, 79; his neglect of the cavaliers, 80 ; seeks to promote his political views with the absolutists by affecting zeal for popery, 89 ; his new arrangement with Louis XIV., ib. ; his proceedings in fulfilment of it, 90 ; explanation of his interest in a Dutch war, 91 ; un- blushing profligacy of his court, 94; his personal attempts to gain the lords to his views, 95 ; the affronts he sub- jected himself to, 96 ; suspends the penal laws against papists and non- conformists of his own authority, 98 ; his address to the parliament of 1673, 103 ; his new policy in the com- mencement of 1674, 111; fresh ar- rangement with Louis XIV., 112 ; fur- ther agreement with France, 116 ; com- pelled to make preparations to carry out the alliance with Holland, 122 ; his insolent reply to the Scottish presby- terian lords, 123 ; his letters applying to France for money laid before parlia- ment by lord Montague, 133 ; attempts to shield Danby with his own inviola- bility, 136 ; forms a new privy coun- cil, 137; consents to limitations upon the succession of his brother, 139; sudden illness of, 143 ; attempts to get more money from Louis by threats, which wholly fail, 146 ; his address to the parliament at Oxford, 152 ; dis- solves it, and returns to London, 153 ; his manifesto explaining his conduct, 155 ; the benefit he derived from the dissolution, 156 ; receives loyal ad- dresses from all quarters, ib. ; inter- feres in the election of sheriffs for Lon- don, 162 ; sends Jeffreys on a special commission against the whigs, 178 ; misunderstanding between him and the duke of York, 184; sanctions a project of Monmouth against the duke of York, 185; death of, ib. ; account of his last moments, ib. ; suspicions as to the cause of his death, ib. ; remarks INDEX. 449 on the subject, 1S6 ; neglect exhibited to his remains, ib. ; historical import- ance and singular character of his reign, 300 ; excellent laws passed un- der it, 301 ; observations upon it, ib. ; his base dependence upon Louis XIY., 302 ; his utter want of good faith, ib. ; his designs suspected by the people, 306 ; his utter indifference to every- thing but his own personal interests, 312 ; his cold cruelty towards Alger- non Sidney, 317 ; his condition of mind shortly before his death, 323 ; character of, 325 ; reflections upon his reign, 32 7. Charters of the boroughs and corporate bodies, assailed by the court, 161; violent seizure of through England, by Charles, 321. Church of England, opposition of, to the measures of Charles, in 1671, 99 ; at- tacks upon the, by the presbyterians, 150. Church, a proposition to unite the An- glican with the presbyterian, 150. Church party in 16S5, characterized, 375. Churchill, lord, engages in the plan of inviting over the prince of Orange, 257. Citizen class, progress of, 6 ; and work- men, their mistaken encouragement of the restoration, 50. Civil resistance in England, ever fruit- less without the aid of parliament, 315. Clarendon, earl of, his speech to the se- cond parliament of Charles IL, 65 ; his disgrace, 81 ; charges against him, 82 ; Lord Southampton's opinion of him, S3. Clarendon, earl of, made viceroy of Ire- land, 203 ; recalled, 217 ; comparative excellence of his administration, 301. Clifford, lord treasurer, corrupts the house of commons with money, 96 ; his denunciation of the lower house, 107. Coke, Mr., his spirited language, 209; is sent to the Tower, ib. Coleman, the Jesuit, discovery of certain letters of his, 126. College, the joiner, executed, 15S. Committee of religion, its report, 369. Commons of England, progress of their liberties, 4 ; their first introduction into the legislature, ib. , house of, position of, under Henry YIIL, 9 ; under Elizabeth, 10 ; the assertion of religious reform under Elizabeth, 13 ; their resistance to the Jure Bivino pretensions of James I., 16 ; their conduct in the first parliament of Charles I., IS; appoint grievance committees, 23; their excess of loy- alty on the return of Charles IL, 53 ; its continued and deeply infamous ser- vility, 56 ; exceeds the king in vindic- tiveness against the regicides, ib. : op- position of, to the catholic tendencies of Charles IL, 73; venality of, imder the first years of the Cabal ministry, 91 ; declaration of, in 1679, against the duke of York, 1 3 S ; energetic measures of in the session of 1679, 140 ; its address to James, 207 ; the king's reply, 209^ laudable conduct of, 1674-5, 309. Commonwealth, efficiency of its govern- ment, 40, 41. Comprehension bill, rejected by the com- mons, S5. Constitution, the inefficiency of, unless administered by upright government, 301. Conventicles, act passed against. 75. Convention parliament assembles, 279; its composition, 2 SO. Cornish and Bethell made sheriffs, 145. Corporation act, passed, G 6 ; new oath imposed by it, ib. Corporations, nature of, 165. Counter-revolution, characterized, 1 ; and the resistance to it, distinguished from the previous revolution, ib. ; commencement of, 46 : its favourable position after the dissolution of the Oxford parliament, 157 ; becomes a resistance to the claims of the prince of Orange, 223. Court of delegates instituted, 215. Coventry, sir John, the offence he give* the court by a parliamentary sally of his, 96 ; his disgraceful treatment by command of the king, ib. ; his immense popularity inconsequence, ib. Coventry, sir William, demands the energetic interposition of England in favour of Holland, US. Cromwell, Oliver, first appearance of, 29 ; his great popularity with the in- dependents, 30 ; organizes a regiment, ib. ; its superiority over the other par- liamentary troops, 31; he is made a general, ib.; his cautious policy, 33; progress of his machinations, 31 ; his energy and ability regarding the revor lutionary movement, 35 ; declaration G G 4o0 INDEX. against, by the presbyterians, 86 ; his [ energetic conduct under the circum- i stances, ib.; his military successes, ib.; his policy immediately preceding the trial of Charles I., 38; defeats the ; enemies of the revolution in the three j kingdoms, S 9 ; unites England and Scotland in one republic, 40 ; seizes upon power, 42 ; the feeling enter- , tained towards him by the people, ib. ; character of his administration, 43 ; makes England respected abroad, ib. ; remarks upon his conduct, ib. ; ; character of, 299. Cromwell, liichard, resigns the protec- t orate, 46. Crown, question as to what shall be the ; power of the, discussed, 311. D'Aeeeyiele, marquis, sent to Hoi- I land as envoy, 228. Dalzel, general, sent against the Scot- j tish presbyterians, 7 7 ; his cruelties, 7$. Danby, earl of, made minister, 112; pro- poses the dissolution of parliament, ! 134 ; is sent to the Tower, 136. Danby administration, its plans, 113 ; I decline of its parliamentary support, 117; its corrupt measures to gain j recruits, ib. Dangerfield, denounces the Meal Tub ; plot, 147 ; killed by the mob, 191. Dartmouth, lord, commands the king's fleet, 269. Denmark, princess of, her unexpected return from Bath interrupts the arrangements for the queen's ac- couchement, 245. Declaration prepared by Charles II. for proclamation just before his death, 322. Declaration of Eights, the, 284. Despotism, its progress under Charles I., 21 ; resistance toit, 22. Desborough, general, his ambitious views, 47. Devonshire, duke of, his observation on James's speech, 206. Divine and indefeasible right, a prepos- terous proposition, 312 ; theory of, propounded by James I., 15. Drummond, general, sent against the Scottish presbyterians, 77. Dunkirk, sale of, to the French, 73. Dutch war, how favourable to the views of Charles II., 92. Dutch war, the first, disgraceful character of, 303 ; the second, utter infamy of, ib. ; the object of both, ib. ; conse- quence of, 304. Dykvelt sent by the States to England on a state mission, 228. Elizabeth, queen, her treatment of the parliament, 10 ; her aversion to par- liamentary forms, 13. Enfranchisements, individual, progress of, 6. England, her prosperous condition under the commonwealth, 40 ; state of, upon the death of Cromwell, 45 ; her pro - gress between 1588 and 1640, 292. English nation, apathy of, after Crom- well's death, 2 99. Episcopacy, its re-establishment set on foot, 61 ; in Scotland, the tool of ab- solute power, 159. Essex, earl of, made minister, 137; cha- racterized, ib. ; on being sent to the Tower commits suicide, 173. Exchequer, government arbitrarily closes the, in order to create funds in the absence of a parliament, 98. Exclusion of the duke of York, discussed in the council, 139. Exclusion Bill passes the commons, 140 ; again passed by the commons, 148 ; rejected by the lords, ib. ; observations upon the propriety of its discussion, 310. Extraordinary tribunals, their tyranny under Elizabeth, 13 ; characterised, 18. Fagg, sir John, his dispute with the lords occasions the prorogation of parlia- ment, 116. Favourites of Charles II. characterized, 70. Female presbyterians drowned by the king's troops, 357. Ferdinand of Bavaria, elector of Cologne, death of, 262. Feversham, lord, defeats Monmouth at Sedgmoor, 195 ; receives the command of the camp at Hounslow, 269. Fitzharris, affair of, 151 ; executed, 157. Five-mile Act passed, 75. Fleetwood, general, has ambitious views, 47. Fletcher of Saltoun characterized, 384. Fleet, its warm hostility to popery, 219 ; the, mutiny in against the papists, 259. INDEX. 451 Force, armed, of the kingdom, disposed of, declared by the second parliament of Charles II. to be vested in the king, 67. French protestant exiles, their cordial reception in England, 204. Furstemburg, cardinal de, a candidate for the electorship of Cologne, sup- ported by Louis XI V., and opposed by Rome, 262. Godfrey, sir Edmondsbury, murder of, 127 ; his immense popularity, ib. Government established by military force, its almost invariable nature, 298. Gower, Leveson, proposes that the house of commons shall separate of itself, 151. Graham of Claverhouse, his cruelty, 358. Grey, lord of AY ark, characterized, 384. Guildhall, meeting at, of the privy coun- cil and lords, who invite William to take the administration upon himself, 277. Guthrie, execution of, 64. Habeas Corpus act passed, 141 ; charac- terized, 309. Hales, sir Edward, affair of, 212. Halifax, lord, characterized, 133; dis- missed by James II. for refusing to encourage popery, 201 ; his consequent restoration to popularity, 202 ; high catholic hostility to, 323; objections they advanced against him, ib. Halloway,the conspirator, executed, 177. Hamilton, the duke of, the object of the duke of York's hostility, 159; his con- duct, ib. Hampden, John, condemned to an enor- mous fine, 177 ; suicide of, 197. Harvey, Mr. privy purse, anecdote of him, 117. Henry VIL, source of his power, 7 ; character of his government, S ; his encouragement of talent, ib. ; conse- quence of his reign, 292. Henry Till., his assumption of spiritual supremacy, 11. Herbert, admiral, prepares for the em- barkation of the troops from Holland, 264 ; departure of for England, 267. Highlanders of Scotland employed by Lauderdale against the presbyterians, 122. Historians, their adulation of deceased kings even more pernicious than that of the living, 318. Historians, tory, their partial view of James IL's conduct, 346. History, manner in which it should be read, 293. Holland, rupture of England with, 74 ; war declared against, 75 ; ill success of the war with, 80 ; war with, a committee appointed by the commons to examine the accounts of, 8 6 ; piratical attempt upon some of its merchant's ships by order of Charles IL, 99 ; its failure, ib. ; war declared against the republic, ib. ; reaction in, against re- publicanism, 101; energetic resolution of the States of, to resist Louis and Charles, 103 ; peace with, 110 ; peace between her and France, 124 ; view of the States of, with regard to William's enterprise against James IL, 263. Hounslow Heath, formation of a camp at, 2 IS ; unfavourable disposition of the troops encamped there on the trial of the bishops, 258. Howard, lord, his disclosures as to his confederates in the plot, 172. Hume, David, his partial views of the trial of Algernon Sidney, 317 ; observa- tions upon his account, 318; his fabri- cation of a parliamentary debate, 367. Hume, sir Patrick, account of, 383. Independents, the, characterized, 30 ; their anxiety to serve under Cromwell, 31 ; then- political progress, ib.; their progress in parliament, 33 ; appeal of to the army, 34 ; reaction against in and out of parliament, 36 ; expelled from parliament by general Monk, 49 Indulgence ordinance published by Charles IL, 72. Intolerance, religious, its dangerous ef- fects when used as a political weapon, 79. Ireland, condition of, after the death of Cromwell, 45. James L, of England, character of his mind, 14 ; his notions of Divine right, 15 : his reception of the English pu- ritans, ib.; destroys the journals of the house of commons, 17 ; is necessitated to acknowledge the privileges of that house, ib. James IL, accession of, 186; his speech 452 INDEX. to the council, 1ST ; its effect upon the people, ib. ; his own statement of his mental reservation in making his liberal professions, 1S8 ; openly attends mass, ib. ; publishes two documents to prove that his brother had been a catholic, ib. ; retains his brother's ministers in office, ib.; his object to reconcile the people to popery and absolutism, 18!) ; modification of his ideas of action, ib. ; his first relations With France, ib. ; assembles the Scot- tish parliament, ib. ; tampers grossly with the English elections upon his accession, 190 ; his address to his first parliament, 192 ; obtains a large civil list, ib. ; the delight with which he received the accounts of Jeffreys campaign, 198; extensive views with regard to Ireland, 202 ; outwardly expresses an objection to the re- vocation of the edict of Nantes, 204 ; his address to his parliament, ib. ; his anger at the commons' address, 208 ; assembles the Scottish parlia- ment, 210 ; his address to it, ib. ; his fondness for playing at generalship at the Hounslow camp, 218 ; his attempt to conciliate the contending sections of catholics, 220 ; throws himself into the arms of the high catholics, 221; closets himself with all influential per- sons, and members of parliament, to obtain their consent to the suppression of the tests, 226; sets out with the queen for Bath, 236 ; his reception on his way to Saint Winifred's, 237; re- turns to Windsor, 238; remains in London, discussing affairs with the high catholics, and seeking to quell the disaffected Londoners, 273 ; repairs to the army, ib.; his position, 274; returns to London, ib.; attempts flight, 276 ; brought back to London, 277; returns to Rochester, 278; his final flight, 279 ; assembles the pro- testant lords, and advises with them, 275 ; sends a deputation to wait upon the prince, ib. ; his desperate condi- tion, 2 76; effect of his accession on the popular mind, 329 ; and that of his speech to the council, 331 ; his pe- culiar adaptation to the purposes of the tories, 332 ; offered a body of troops by Louis XIV., 264; the main- spring of his actions, 332 ; his first views with reference to the Roman catholic faith, ib. ; caution with which his memoirs are to be read, from the circumstances under which they were written, 334; explains his proposed policy to Barillon, ib. ; his prostrate gratitude for the first donation from Louis, 335 ; his attempts to obtain pe- cuniary aid from France, 337; his progress in tyranny, 339 ; remarks upon his publishing a declaration of his brother's conversion to popery, 342 ; his incessant applications to Louis XIV. for money, 344; his utter insincerity, 345 ; his immediate object in seeking the French alliance, 346 ; his tyranny not to be attributed solely to his religion, ib. ; his treachery to Queensbury, 347 ; his speech to the Scottish parliament of 1685, 348; ob- servations upon it, 349; observations upon his political maxims, 358 ; his religious views subordinate to his aim at temporal tyranny, 359 ; speech of his to the parliament of England in 1685, 373; orders the torture to be applied to lord Argyle, 403. Jeffreys, judge, his disgraceful deport- ment on the trial of Sidney, 175 ; sent on a special commission against the whigs, 178 ; his brutal deportment to- wards Baxter, 192 ; his cruelties in his campaign in the western counties of England, 196 ; seized by the popu- lace, and taken to the Tower, where he dies, 276; characterized, 342. Jesuits, their omnipotence over the mind of James IL, 191 ; are in fact the go- vernment, ib. ; their vengeance upon their old enemies, ib. ; increased auda- city of, 214 ; interception of the let- ters of, in Holland, 233; withdraw from England, 275. John, king, of England, permanent benefit to the nation of his tyranny, 4. Johnson, Samuel, extract trom a work of his, 183 ; popularity of the "Re- monstrance to the Army," 218; ex- citement produced by it in the camp at Hounslow, ib. ; and in the fleet, 219. Johnston of Westerhaugh, a murder committed by his order, 362. King's bench, court of, its despicable subserviency in the case of sir Edward Hales, 212. INDEX. 453 îvirke, colonel, his cruelties under judge Jeffreys, 197 ; his reply to James on being asked to turn papist, 213. Lawburrows, writ of, issued by Charles II., to oppress the Scots, 351 ; observation upon it, 352. Lambert, general, his ambitious views, 17 ; raises the standard of revolt, 50; his pusillanimity procures his pardon, 57. Lauderdale, lord, Ins tyranny over Scot- land, 122. Lawrie of Blackwood, condemned, 356. Leighton, archbishop, characterized, 76. Liberty, religious, struggles for, under Henry VIII. and Edward VI., 11. Locke, John, his expulsion from college, 320. London, bishop of, his trial before the court of delegates, 215 ; is suspended, 217 ; zealous adhereuce to him of the church- of-England men, ib. , common council of, prosecuted by the court, 165 ; decision against, 166. , corporation of, its extreme liberalism of opinions, 115. Londoners, several thousands of them escort their representatives to Oxford, 152. Long parliament, its contest with the army, 42. Lords of the articles, account of the, 159. Lords, house of, character of, under Henry YIIL, 9 ; resume their func- tions, 50 ; oppose the lavish subsidies proposed by the commons to Charles II., 95 ; their attachment to monarchi- cal principles, 115; resist the bill to reinstate lord Stafford, 193. Louis XIV., his successes against the Dutch, 100 ; his indignation at the alliance of Charles with Holland, 1 20 ; the states and towns which he an- nexed to France during the ten years immediately following the peace of Xymegen, 261; his reasons for pen- sioning James, 336. Love, alderman, his spirited declaration in favour of the transubstantiation test, 106. Ludlow, Edmund, his opinion on political resistance, 386. Magdalen College, Oxford, resistance j of the members of, 233 ; conduct of the king with regard to, 238. Magna Charta, characterized, 1. Mary, queen, her futile efforts in favour of Catholicism, 12. Maynard, sergeant, opposes the bill for the protection of the king's person, 200. Meal tub plot, denunciation of, 117. Middle Temple, society of, its address to James IL, 310. Middleton, lord, his reply to the Jesuits, 213. Militia, care of parliament to prevent the king from having the disposal of it, 73. I Military and naval troops, a new oath imposed upon them, 68. Monk, general, takes the lead in the restoration, 19 ; distrust in which he was held by the independents, 49 ; character of, 300. j Monks of various orders openly establish, themselves in London, 211. Monmouth, duke of, his clemency to the Scottish presbyterians after defeating them, 142 ; is made administrator of Scotland, ib. ; his triumphal return from Scotland, 145 ; his protest against assembling the parliament at Oxford, 152 ; connects himself with lord Essex, 169; secretly visits his father, 185; his project against the duke of York, ib.; and his friends plan an insurrec- tion, 194; lands in England, ib.; his progress, 195 ; is defeated at Sedg- moor, ib. ; his fruitless interview with the king, 196 ; is executed, ib. ; fate of his adherents, ib.; account of, 379; political motives of his conduct in re- ference to James, 381 ; particulars of his expedition, 414, et seq. ; his letter to the king, 430 ; observations upon it, 431 ; particulars of his execution, 439; his dying declaration, 440; his character, 441 ; observations upon his declaration at Lyme, 413. Monopolies, abolition of, under Charles I., 24. Morality, stern, under the common- wealth, 41. Montague, lord, delivers up to parlia- ment Charles' letter applying to France for money, 133. Mordaunt, lord, goes to Holland on a mission to the prince of Orange, 253. Mulgrave, earl of, his reply to the Jesuits, 213. 454 INDEX. Murder, wholesale, of the Scottish pres- byterians, 358. Nantes, revocation of the edict of, 203. Naseby, battle of, effects of, on the public mind, 33. Navigation act, suspension of the, 98, Netherlands, their emancipation from the Spanish yoke, 92. Nonconforming protestants, their posi- tion under Elizabeth, 14. Nonconformists, Charles II.'s first attack upon, G 2 ; general persecution, under this denomination, of all the dissent- ing sects, by the Anglican church, 69 ; new laws against, 74; in parliament, all support the test, 10 G ; the laws against them actively put in force again, 157 ; overtures made to the, by the catholics, with a view to discover- ing their dispositions, 226 ; reconcilia- tion of the, 256. Norman conquest, its effect upon the Saxon population, 3. Nymegen, negotiations at, 122. Oates, Titus, denounces the popish plot, 125 ; favourable reception of his story by the people, 126 ; is encouraged by the parliament, 128; condemned for calumniating the duke of York, 1S2 ; punishment of, by the triumphant Jesuits, 191. Oath of Allegiance, the new, 2S5. Observer, a journal so called, sent forth by the bishops against the dissenters, 141. Opposition, powerful composition of the, in the session of 1677, 117 ; views of the, in 167 9, 13S. Orange, house of, excluded from the stadtholdership, 92. Orange, prince of (William III.), por- tion intended for him in the proposed partition of Holland, 100 ; made stadtholder, 101 ; attempts to gain him over by Louis and Charles, ib. ; his reception of Buckingham, 102 ; convokes a national assembly of the Dutch, ib.; comes to London, 120; his marriage with the princess Mary, ib. ; offers to command the troops against Monmouth, 195 ; invited over by the protestants, 252 ; declares his willingness, and ability to come over, if invited by a number of distinguished Englishmen, 256; the invitation to the prince of, the deputation for, sets out, 258; resolves to invade England, 260 ; supported by the coalesced powers in his claim to the throne, 263 ; preparations for the expedition to England, 264, et seg.; his landing at Torbay, 272 ; conduct of his adhe- rents, 272,273; his studied inaction, 273; its effects upon the people, ib. ; marches to Salisbury, the principal towns declare for him, 274; receives with moderation a deputation from the king, 275; comes to Windsor, 277; enters London, 278 ; his interview with the protestant lords, ib. ; requires the concurrent invitation, to undertake the administration, of the common council, 279 ; his address to the united body, ib. ; his apparent indifference to the result as regarded himself, 282; his address to the lords opposed to his succession, ib. ; is proclaimed king, 285» Order, peculiarly essential to England after the revolution, 42. Orleans, duchess of, visits her brother, Charles IL, 91 ; her death, ib. Ormond, duke of, recalled from Ireland, 202. Ossory, lord, his spirited intimation to the duke of Buckingham, 97. Oxford, parliament at, under Charles IL, 152; dissolved, 153; university, de- nounces propositions of Hobbes and other writers, 183 ; its noted decree reprobated, 319; its address to James IL, 340. Papists, bill against, introduced into the parliament of 1673, 105. Papist functionaries compelled to resign their offices by the operation of the Test Act, 108. Papist officers favoured, 182. Parliament, declaration of its rights under James I., 17 ; first, of Charles I. assembled, 18 ; its efforts to extend its power in 1641, 24; cause of the popular enthusiasm for, in the commencement of the civil war, 29 : various views in, previous to the revolution of 1640, 35; first, of Charles IL, acts of, 58; second, composition of, 65 ; com- missioners under the second Charles II., their tyranny in the provinces, 69; of 1673, opening of, 103; its INDEX. 455 opposition to popery, 104 ; repeats the petition against the Jesuits, lb. ; of 1673, its compromise with the king, 108 ; of 1675, its unmitigated distrust of the king, 114 ; its measures against arbitrary rule, and against the papists, ib.; of 1677, presents an address in favour of Holland, 118 ; grants two millions to support the alliance with Holland, 121 ; of 1679, its thorough adoption of the Popish Plot, 128 ; its patronage of Gates, ib. ; its formal declaration as to the existence of The Plot, 129; its general character be- tween the Restoration and The Plot, 130; of 1679, its composi- tion and views, 135 ; its determined attack upon Danby, 136 ; of 1680, its embittered opposition, 146; its cam- paign against the abhorrers, 147; assembled at Oxford, 152 ; its com- position, ib. ; protest against the pro- ceeding, ib. ; the king's address to it, ib. ; dissolved, 153 ; composition of the first, under James II., 190; first, of James IL, large civil list it grants to him, 192 ; its resistance to the bill for the protection of the king's person, 199 ; adds a restrictive clause to the bill, 200 ; differences of opinion in, as to the succession, 281; of 16 35, the king's opening speech to it, 363 ; observations upon it, 364. Parties, reappearance of, after the death of Cromwell, 46 ; outward reconcilia- tion between, on the Restoration, 55 ; relation between, at the arrival of William in London, 279. Puritans, their reception by James I., 15. Peasantry in England, hard condition of, 5 ; its amelioration, 6 ; their progress there, 7. Penn, the Quaker, persuaded by the catholics to favour toleration, 226 ; his mission to Holland, 228. People of England, their hopes rest in the prospect of William's accession, 219. Perth, lord, appointed to the government of Scotland, 179 ; replaces Queensbury in the government of Scotland, 202. Petition of Right, the, 20. Petitions, public, to parliament, rise and progress of, 6. Petre, father, his power over the king, 222. Pilkington, ex-sheriff, fined for speaking ill of the duke of York, 163. Plot, the popish, denunciation of, by Dr. Tongue, 125 ; its use to parliament, 131 ; observations on, and progress of, ib. et seq. ; manifestation of the, public fury against those charged with it, 141; term of the popular frenzy respect- ing, 150; its incredible nature, 306; observations upon it, 307 ; it was clearly a forgery, ib. ; discredit attach- able to all concerned in it, 308; long continuance of the belief in, 341. Pollexfen defends the common council, 165. Popery, extensive conversions to, at the latter end of Charles' reign, 182. Popish riots in London, 276. Popular leaders, the more eminent, their views on the first revolution, 294. Portsmouth, unfavourable disposition of the troops in that town, 258. Posthumous infamy; the dread of, the only check upon bad kings, 31S. Presbyterians, decline of in popular esti- mation, 32 ; their resistance to the In- dependents, 33. members, eleven of them ex- pelled the house of commons, 35. Scottish, their delays in joining Argyle, 393. Press, its progress under Henry YIII. and Mary, 68 ; its active share in dis- cussing the exclusion question and that of royal prerogative, 141 ; liberty of the, destroyed, 366. Proclamation, one forged, in the name of the prince of Orange, disseminated, 7 7 2 . Property, great changes in, under Henry VII., 8 ; displacement of, after the Restoration, 59. Proselytism, strong efforts at, by the Jesuits, 213. Protectorate, one of the most brilliant eras of English history, 299. Protestants in Ireland, massacre of, 25 ; said to be sanctioned by Charles I., ib. Protestant lords, assembled at Guildhall, invite William to London, 27 7 ; their interview with William at St. James's, 278; engage themselves to him, ib. ; offer him the provisional administra- tion of the kingdom, 2 70 ; their views among their own body, 280. Puritans, their rise, 11. 456 INDEX. Queen, the, rumours of the pregnancy of, 238 ; her accouchement, 246. Queensbmy, dismissed by James II. for refusing to promote popery, 201 ; his consequent restoration to popularity, 202 ; his adherence to the protestant re- ligion, 347 ; deceived by James II., ib. Reformation, the, under Henry VIII., its character, 11 ; early assertion of, by the house of commons, 13; in Scot- land, characterized, 14. Eegicides, punishment of the, 56. Religion, discussion on entrusting the safety of to the king, 369. Remonstrance, the, agreed to by parlia- ment, 26. Republican party, its decisive demonstra- tions previous to the revolution of 1640, 37. Resistance, forcible, to government, ob- servations upon, 3S5. Restoration, the liberties upon which it made war, 2 ; progress of, 48 ; voted by parliament, 52 ; observations upon its conditions, 53 ; the disorders and immorality it brought about, 55. Revolution of 1640, its commencement, 28 ; the enemies it had to oppose in its outset, 30 ; immediate results of, 40, 1-1 ; observations upon its extreme character, 295. Rochester, lord, attempt to convert him, 214 ; characterized, 333. Roses, wars of the, sanguinary nature of, 7. Roundheads or whigs, origin of tins party, 29. Royalist officers, defection of, to William, 273; and the troops, 274. Royalty, views of the most enlightened portion of the community respecting, at the time of William's arrival, 280. Rumbold, Mr. is executed, 197 ; his dying declaration, ib,; account of, 384. Rump parliament characterized, 47. Rumsey and Ferguson attend a meeting of conspirators against the government on the part of lord Shaftesbury, 168. | Rumsey and West, their disclosures as to j the Rye House plot, 171. Russell, admiral, sent on a mission to j Holland, to announce the reconcilia- tion of the nonconformists, 256. Russell, lord W„ enters into a conspi- racy against the government, 168; attends a meeting of conspirators at the house of one Shepherd, 16S ; inter- rogated by the king, 172 ; trial and condemnation of, 173 ; his execution, 174 ; his conduct, in the affair of lord Stafford, blameable, 313; his con- demnation wholly illegal, 316 ; the veneration due to his memory, 318 ; characterized, ib. Ruyter, admiral de, his victories over the English fleet, 80; sails up the Thames, ib. Rye House plot (the), formed, 170 ; dis- covered, 171 ; effects of, favourable to the government, 180 ; observations upon the, 315; its probable nature, 316 ; Spratt's history of, 342. Savoy, conference of the, 64. Scotland, character of the religious re- formation in, 14 ; makes the first at- tack on the despotism of Charles I., 22 ; her grief at the death of Charles I., 39; proclaims Charles II. ib. ; con- dition of, at the accession of James II., 46 ; introduction of the Anglican sys- tem into, 63 ; deplorable condition under lord Rothes, 75 ; position of things there at the accession of James II., 190 ; character of the ad- ministration of under Charles II. , 350. Scottish covenant, ordered by the Eng • lish parliament to be burned, 69. Scottish parliament reconstituted under Charles IL, 63 ; constitution of, 139 ; assembled by James II. 210 ; dissolved in consequence of its refusal to pro- mote popery, 211; of 1685; its ad- dress to the king, 360 ; its tyrannical measures, 361; presents an address against Argyle, 403, Scottish people, their devotion to the cause of Charles II. 40 ; their army defeated by Cromwell, ib. Scottish presbyterians,peculiarly assailed by Charles II., 63 ; their tenacious adherence to their religious belief, 76 ; their mental advancement under their ministers, ib. ; their persecution, 77; they revolt, and are defeated, 78 ; their punishment, ib. ; devotion of their leaders, ib. ; rise in insurrection, and are defeated at Bothwell bridge, INDEX. 457 1 42 ; oppressed under the duke of York, 158; increased persecution of, 166 ; they desire to emigrate, 167 ; are subjected to the special commission, ib. ; confer, by their agents, with the English malcontents, ib. ; a special commission directed against them by lord Aberdeen, 17 8 ; the sufferings en- dured by them, ib. Scottish presbyterian noblemen appeal to the English parliament against the tyranny of Lauderdale, 123. Sedgmoor, battle of, 195. Self-denying ordinance, decreed, 32. Seymour, sir Edward, his speech in op- position to the large civil list granted to James, 367. Shaftesbury, earl of, characterized, 48 ; his active share in the restoration, ib. ; his speech to the parliament of 1673, 103 ; his abrupt defection from the government, 107; his attack on the test proposed by the court, 115 ; sent to the Tower, but immediately released, 158 ; urges the whigs to insurrection, 168; meets lord Essex, retires in anger, and leaves England, 169 ; his object in conspiring, ib. Sharp, archbishop, characterized, 76 ; murder of, 142. Sharp, Dr., affair of, 214. Shrewsbury, earl of, his mission to Hol- land, 254. Sidney, Algernon, joins a plot against the government, 169 ; characterized, ib.; interrogated by the king, 172; his trial, 175 ; his dying declaration, 176; his execution, 177; monstrous injustice and illegality of the proceed- - ings against him, 316 ; Hume's partial treatment of the subject, 317; the vene- ration ever due to his memory, 3 IS. Soldiers, disbanded, alleged plots of, after the restoration, GG. Southampton, lord, a friend to liberty,3 2 . Spain, alarm of, for her possessions in the Netherlands at the movement of the prince of Orange, 261. Spiritual peers, oppose the impeachment of Danby, 140; proposition of the commons to exclude them from the trial, 141. St. Paul's cathedral re-built, 113. Stadtholdership, re-establishment of, in Holland, 92. Stafford, earl of, his execution, 149 ; proposed reversal of his attainder, ob- servations upon, 374. Star chamber, originated, 8. Stationers' company instituted, 68 ; its privileges, ib. Steward, Mr., his flight from England and return, 230. Strafford, the earl of, goes over to the side of despotism, 21 ; last manifesta- tion of his great powers, 24; manner of his prosecution not justifiable, 294. Strickland, admiral, takes priests on board the fleet, 259. Stuart party, tactics of, after the death of Cromwell, 48. : Subsidies, enormous, voted to Charles II. under various heads, 58; the largest ever yet granted, voted to the king for the Dutch war, 75. ' Suffolk, freeholders of, address to James IL, 340. I Sunderland, lord, made minister, 144 ; disgrace of, 268. | , countess of, her deposition re- garding the pregnancy of the queen, 269. Taxes, right to discuss them first as- serted by the commons, 7 ; imposition of new, under Charles I., 21. Tangier, question raised respecting it, 150. Temple, Sir William, sent as plenipoten- tiary to Holland, 112; Ins advice as to the formation of a new privy council, 137 ; good effect of his advice neutralized by the conduct of Charles, ib. ; eulogized, 304. Test Act passed, 108; its effects, ib. Test, the, transubstantiation, 105 ; oppo- sition of the court to, 106; a new one proposed by the Danby ministry, 114 ; a new antipapist, passed, 133 ; the duke of York with difficulty excepted from it, ib. ; a new, imposed by the duke of York in Scotland, 160 ; its progress, 161. Tests, arbitrary exemption from the, triumphant results of, for the papists, 217. Toleration, general religious, under Cromwell, 43. Toleration, become the favourite topic of the king and the court, 226 ; decla- ration of, in England, 231. Toleration act passed, 107; revoked, 108. 458 INDEX. Tories, the protestant, begin to be alarmed at the progress of the papists, 184; their joy at the accession of James, 331 ; circumstance explaining their conduct in promoting the revo- lution, 37G. Transubstantiation, vote abnegating, re- solved by the parliament of 1673, 105. Triennial bill repealed, 74. Triple alliance, the, its popularity in England, 86. Troops disbanding bill passed, 111. Turner, captain, sent against the Scot- tish presbyterians, 77. Tyrconnel, earl of, made commander-in- chief in Ireland, 203 ; characterized, ib. ; his active promotion of popery in Ireland, 217 ; his plan of conduct with regard to Ireland, 223; waits upon the king at Chester, 237. Uniformity, act of, passed, 07 ; adopted by the Scottish parliament, 76. Tac Axe y of the throne, declaration of the commons declaring the, 2 SO; adopted by the lords, 283. Vane, sir EL, his noble death, 57, Wales, prince of, birth of the supposed, 216. Ward, sir Patience, persecuted, 163. Warner, a Jesuit, sent over as confessor to the king, 235 ; his influence over the king, ib. Washington, general, eulogium of, 298; favourable nature of the circumstances under which he acted, ib. Wentworth, lady, her oath as to the queen's pregnancy, 270. Whigs and Tories, 115. Whigs, the opinion which attributes their downfall under James to the memory of the popish plot, a fallacy, 341. Wildman draws up a declaration of reasons as to the dethronement of James, 266. j William III., character of, 305 ; pecu- liarly favourable circumstances under which he began his political career, ib. Winifred's Well, Saint, visit of the queen to, 236. Withen, sir F., expelled as an abhorrer, 147. Winnington, Mr. Solicitor, demands the impeachment of lord Danby, 134. Witt, Cornelius de, his murder, 101. John de, account and eulogium of, 03; eulogized 304; peculiar circum- stances of his fall, ib. Worcester, the defeat of, 40. Women involved in persecution in Scot- land, 179. Writers, many condemned to the pillory for liberalism in their works, 184. Yokk, duke of, his public conversion to popery, 97 ; his marriage with the catholic princess of Modena, ] 09 ; with- draws from the kingdom, 135 ; declara- tion against him in the commons, 138 ; visits his brother in his illness, and gains great influence over him, 143; his sinister advice is adopted, 144 ; his oppressive conduct as ad- ministrator of Scotland, 15S ; convokes the Scottish parliament, 159; his hos- tility to Hamilton and Argyle, ib. ; returns to England, 161 ; his utterly selfish conduct on the occasion of the shipwreck of the vessel conveying him, 161; his rising influence, 181; has well nigh all the charge of government left to him, ib, ; his assumption of royal honours, 182; resumes the post of high- admiral, ib. ; disputes between him and his brother, 184 ; a combina- tion against him at court, 185 ; in- difference exhibited by him towards < his dead brother, 1S6. Zueestein, M , sent to England to com- pliment the king on the birth of an heir, 255. THE END. T. C. Savill, Printer, 4, Chandos Street, Covent Garden. LIBRARY OF CONGRESS 003 860 795 9 ■ ■ 1 ■ ■ ■ ■ Hi ■