CHAPTER LXIX.

CHARLES II.

{1681.} When the cabal entered into the mysterious alliance with France,

they took care to remove the duke of Ormond from the committee of

foreign affairs; and nothing tended further to increase the national

jealousy entertained against the new measures, than to see a man of

so much loyalty, as well as probity and honor, excluded from public

councils. They had even so great interest with the king as to get Ormond

recalled from the government of Ireland; and Lord Robarts, afterwards

earl of Radnor, succeeded him in that important employment. Lord

Berkeley succeeded Robarts; and the earl of Essex, Berkeley. At last,

in the year 1677 Charles cast his eye again upon Ormond, whom he had so

long neglected; and sent him over lieutenant to Ireland. “I have done

every thing,” said the king, “to disoblige that man; but it is not in

my power to make him my enemy.” Ormond, during his disgrace, had never

joined the malecontents, nor encouraged those clamors which, with too

much reason, but often for bad purposes, were raised against the king’s

measures. He even thought it his duty regularly, though with dignity,

to pay his court at Whitehall; and to prove, that his attachments were

founded on gratitude, inclination, and principle, not on any temporary

advantages. All the expressions which dropped from him, while neglected

by the court, showed more of good humor than any prevalence of spleen

and indignation. “I can do you no service,” said he to his friends; “I

have only the power left by my applications to do you some hurt.” When

Colonel Cary Dillon solicited him to second his pretensions for an

office, and urged that he had no friends but God and his grace, “Alas!

poor Cary,” replied the duke, “I pity thee: thou couldst not have two

friends that possess less interest at court.” “I am thrown by,” said he,

on another occasion, “like an old rusty clock; yet even that neglected

machine, twice in twenty-four hours, points right.”

On such occasions when Ormond, from decency, paid his attendance at

court, the king, equally ashamed to show him civility and to neglect

him, was abashed and confounded. “Sir,” said the profligate Buckingham,

“I wish to know whether it be the duke of Ormond that is out of favor

with your majesty, or your majesty with the duke of Ormond; for of the

two, you seem the most out of countenance.”

When Charles found it his interest to show favor to the old royalists,

and to the church of England, Ormond, who was much revered by that whole

party, could not fail of recovering, together with the government of

Ireland, his former credit and authority. His administration, when lord

lieutenant corresponded to the general tenor of his life; and tended

equally to promote the interests of prince and people, of Protestant and

Catholic. Ever firmly attached to the established religion, he was

able, even during those jealous times, to escape suspicion, though he

gratified not vulgar prejudices by any persecution of the Popish party.

He increased the revenue of Ireland to three hundred thousand pounds a

year: he maintained a regular army of ten thousand men: he supported

a well-disciplined militia of twenty thousand: and though the act of

settlement had so far been infringed, that Catholics were permitted to

live in corporate towns, they were guarded with so careful an eye, that

the most timorous Protestant never apprehended any danger from them.

The chief object of Essex’s ambition was to return to the station

of lord lieutenant, where he had behaved with honor and integrity:

Shaftesbury and Buckingham bore an extreme hatred to Ormond, both from

personal and party considerations: the great aim of the anti-courtiers

was to throw reflections on every part of the king’s government. It

could be no surprise, therefore, to the lord lieutenant to learn,

that his administration was attacked in parliament, particularly by

Shaftesbury; but he had the satisfaction, at the same time, to hear of

the keen though polite defence made by his son, the generous Ossory.

After justifying several particulars of Ormond’s administration against

that intriguing patriot, Ossory proceeded in the following words:

“Having spoken of what the lord lieutenant has done, I presume with the

same truth to tell your lordships what he has not done. He never advised

the breaking of the triple league; he never advised the shutting up of

the exchequer; he never advised the declaration for a toleration;

he never advised the falling out with the Dutch and the joining with

France: he was not the author of that most excellent position, Delenda

est Carthago, that Holland, a Protestant country, should, contrary to

the true interests of England, be totally destroyed. I beg that your

lordships will be so just as to judge of my father and all men according

to their actions and their counsels.” These few sentences pronounced by

a plain, gallant soldier, noted for probity, had a surprising effect

upon the audience, and confounded all the rhetoric of his eloquent and

factious adversary. The prince of Orange, who esteemed the former

character as much as he despised the latter, could not forbear

congratulating by letter the earl of Ossory on this new species of

victory which he had obtained.

Ossory, though he ever kept at a distance from faction, was the most

popular man in the kingdom; though he never made any compliance with

the corrupt views of the court, was beloved and respected by the king.

A universal grief appeared on his death, which happened about this time,

and which the populace, as is usual wherever they are much affected,

foolishly ascribed to poison. Ormond bore the loss with patience and

dignity; though he ever retained a pleasing, however melancholy, sense

of the signal merit of Ossory. “I would not exchange my dead son,” said

he, “for any living son in Christendom.”

These particularities may appear a digression; but it is with pleasure,

I own, that I relax myself for a moment in the contemplation of these

humane and virtuous characters, amidst that scene of fury and faction,

fraud and violence, in which at present our narration has unfortunately

engaged us.

Besides the general interest of the country party to decry the conduct

of all the king’s ministers, the prudent and peaceable administration of

Ormond was in a particular manner displeasing to them. In England, where

the Catholics were scarcely one to a hundred, means had been found to

excite a universal panic, on account of insurrections and even massacres

projected by that sect; and it could not but seem strange that in

Ireland, where they exceeded the Protestants six to one, there should no

symptoms appear of any combination or conspiracy. Such an incident, when

duly considered, might even in England shake the credit of the plot,

and diminish the authority of those leaders who had so long, with such

industry, inculcated the belief of it on the nation Rewards, therefore,

were published in Ireland to any that would bring intelligence or become

witnesses; and some profligates were sent over to that kingdom, with a

commission to seek out evidence against the Catholics. Under pretence

of searching for arms or papers, they broke into houses, and plundered

them: they threw innocent men into prison, and took bribes for their

release: and after all their diligence, it was with difficulty that that

country, commonly fertile enough in witnesses, could furnish them with

any fit for their purpose.

At last, one Fitzgerald appeared, followed by Ivey, Sanson, Dennis,

Bourke, two Macnamaras, and some others. These men were immediately sent

over to England; and though they possessed neither character sufficient

to gain belief even for truth, nor sense to invent a credible falsehood,

they were caressed, rewarded, supported, and recommended by the earl of

Shaftesbury. Oliver Plunket, the titular primate of Ireland, a man of

peaceable dispositions, was condemned and executed upon such testimony.

And the Oxford parliament entered so far into the matter, as to vote

that they were entirely satisfied in the reality of the horrid and

damnable Irish plot. But such decisions, though at first regarded as

infallible, had now lost much of their authority; and the public still

remained somewhat indifferent and incredulous.

After the dissolution of the parliament, and the subsequent victory of

the royalists, Shaftesbury’s evidences, with Turberville, Smith, and

others, addressed themselves to the ministers, and gave information of

high treason against their former patron. It is sufficiently scandalous,

that intelligence conveyed by such men should have been attended to;

but there is some reason to think, that the court agents, nay, the

ministers, nay, the king himself,[*] went further, and were active in

endeavoring, though in vain, to find more reputable persons to support

the blasted credit of the Irish witnesses.

* See Captain Wilkinson’s Narrative.

Shaftesbury was committed to prison, and his indictment was presented to

the grand jury. The new sheriffs of London, Shute and Pilkington, were

engaged as deeply as their predecessors in the country party; and they

took care to name a jury devoted to the same cause; a precaution quite

necessary, when it was scarcely possible to find men indifferent or

attached to neither party. As far as swearing could go, the treason was

clearly proved against Shaftesbury; or rather so clearly as to merit no

kind of credit or attention. That veteran leader of a party, inured from

his early youth to faction and intrigue, to cabals and conspiracies, was

represented as opening, without reserve, his treasonable intentions to

these obscure banditti, and throwing out such violent and outrageous

reproaches upon the king, as none but men of low education, like

themselves, could be supposed to employ. The draught of an association,

it is true, against Popery and the duke, was found in Shaftesbury’s

cabinet; and dangerous inferences might be drawn from many clauses

of that paper. But it did not appear, that it had been framed by

Shaftesbury, or so much as approved by him. And as projects of an

association had been proposed in parliament, it was very natural for

this nobleman, or his correspondents, to be thinking of some plan

which it might be proper to lay before that assembly. The grand

jury, therefore, after weighing all these circumstances, rejected the

indictment; and the people who attended the hall testified their joy by

the loudest acclamations, which were echoed throughout the whole city.

About this time, a scheme of oppression was laid in Scotland after a

manner still more flagrant, against a nobleman much less obnoxious than

Shaftesbury; and as that country was reduced to a state of almost total

subjection, the project had the good fortune to succeed.

The earl of Argyle, from his youth, had distinguished himself by his

loyalty, and his attachment to the royal family. Though his father was

head of the Covenanters, he himself refused to concur in any of

their measures; and when a commission of colonel was given him by

the convention of states, he forbore to act upon it till it should be

ratified by the king. By his respectful behavior, as well as by his

services, he made himself acceptable to Charles when that prince was in

Scotland: and even after the battle of Worcester, all the misfortunes

which attended the royal cause could not engage him to desert it. Under

Middleton, he obstinately persevered to harass and infest the victorious

English; and it was not till he received orders from that general, that

he would submit to accept of a capitulation. Such jealousy of his loyal

attachments was entertained by the commonwealth and protector, that a

pretence was soon after fallen upon to commit him to prison; and his

confinement was rigorously continued till the restoration. The king,

sensible of his services, had remitted to him his father’s forfeiture,

and created him earl of Argyle; and when a most unjust sentence was

passed upon him by the Scottish parliament, Charles had anew remitted

it. In the subsequent part of this reign, Argyle behaved himself

dutifully; and though he seemed not disposed to go all lengths with the

court, he always appeared, even in his opposition, to be a man of mild

dispositions and peaceable deportment.

A parliament was summoned at Edinburgh this summer, and the duke was

appointed commissioner. Besides granting money to the king and voting

the indefeasible right of succession, this parliament enacted a

test, which all persons possessed of offices, civil, military, or

ecclesiastical, were bound to take. In this test the king’s supremacy

was asserted, the covenant renounced, passive obedience assented to,

and all obligations disclaimed of endeavoring any alteration in civil

or ecclesiastical establishments. This was the state of the test, as

proposed by the courtiers; but the country party proposed also to

insert a clause, which could not with decency be refused, expressing

the person’s adherence to the Protestant religion. The whole was of an

enormous length, considered as an oath; and what was worse, a confession

of faith was there ratified, which had been imposed a little after the

reformation, and which contained many articles altogether forgotten by

the parliament and nation. Among others, the doctrine of resistance

was inculcated; so that the test, being voted in a hurry, was found

on examination to be a medley of contradiction and absurdity. Several

persons, the most attached to the crown, scrupled to take it: the

bishops and many of the clergy remonstrated: the earl of Queensberry

refused to swear, except he might be allowed to add an explanation:

and even the privy council thought it necessary to publish, for general

satisfaction, a solution of some difficulties attending the test.

Though the courtiers could not reject the clause of adhering to the

Protestant religion, they proposed, as a necessary mark of respect, that

all princes of the blood should be exempted from taking the oath. This

exception was zealously opposed by Argyle; who observed, that the sole

danger to be dreaded for the Protestant religion must proceed from the

perversion of the royal family. By insisting on such topics, he drew on

himself the secret indignation of the duke, of which be soon felt the

fatal consequences.

When Argyle took the test as a privy counsellor, he subjoined, in the

duke’s presence, an explanation, which he had beforehand communicated to

that prince, and which he believed to have been approved by him. It

was in these words “I have considered the test, and am very desirous

of giving obedience as far as I can. I am confident that the parliament

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 Protestant religion. And I do declare,

that I mean not to bind myself, in my station, and in a lawful way, from

wishing and endeavoring any alteration which I think to the advantage

of church or state, and not repugnant to the Protestant religion and my

loyalty: and this I understand as a part of my oath.” The duke, as was

natural, heard these words with great tranquillity: no one took the

least offence: Argyle was admitted to sit that day in council: and it

was impossible to imagine, that a capital offence had been committed,

where occasion seemed not to have been given so much as for a frown or

reprimand.

Argyle was much surprised, a few days after, to find that a warrant

was issued for committing him to prison; that he was indicted for high

treason, leasing-making, and perjury; and that from these innocent words

an accusation was extracted, by which he was to forfeit honors, life,

and fortune. It is needless to enter into particulars where the iniquity

of the whole is so apparent. Though the sword of justice was displayed,

even her semblance was not put on; and the forms alone of law were

preserved, in order to sanctify, or rather aggravate, the oppression.

Of five judges, three did not scruple to find the guilt of treason and

leasing-making to have been incurred by the prisoner: a jury of fifteen

noblemen gave verdict against him: and the king, being consulted,

ordered the sentence to be pronounced, but the execution of it to be

suspended till further orders.

It was pretended by the duke and his creatures, that Argyle’s life and

fortune were not in any danger, and that the sole reason for pushing the

trial to such extremities against him was, in order to make him renounce

some hereditary jurisdictions, which gave his family a dangerous

authority in the highlands, and obstructed the course of public justice.

But allowing the end to be justifiable, the means were infamous;

and such as were incompatible, not only with a free, but a civilized

government. Argyle had therefore no reason to trust any longer to the

justice or mercy of such enemies: he made his escape from prison; and

till he should find a ship for Holland he concealed himself during some

time in London. The king heard of his lurking-place, but would not allow

him to be arrested.[*] All the parts, however, of his sentence, as far

as the government in Scotland had power, were rigorously executed; his

estate confiscated, his arms reversed and torn.

* Burnet, vol. i. p. 522.

It would seem, that the genuine passion for liberty was at this time

totally extinguished in Scotland: there was only preserved a spirit of

mutiny and sedition, encouraged by a mistaken zeal for religion.

Cameron and Cargil, two furious preachers, went a step beyond all their

brethren: they publicly excommunicated the king for his tyranny and

his breach of the covenant, and they renounced all allegiance to him.

Cameron was killed by the troops in an action at Airs Moss: Cargil was

taken and hanged. Many of their followers were tried and convicted.

Their lives were offered them if they would say, “God save the king:”

but they would only agree to pray for his repentance. This obstinacy was

much insisted on as an apology for the rigors of the administration:

but if duly considered, it will rather afford reason for a contrary

inference. Such unhappy delusion is an object rather of commiseration

than of anger: and it is almost impossible that men could have been

carried to such a degree of frenzy, unless provoked by a long train of

violence and oppression.

{1682.} As the king was master in England, and no longer dreaded the

clamors of the country party, he permitted the duke to pay him a visit;

and was soon after prevailed on to allow of his return to England, and

of his bearing a part in the administration. The duke went to Scotland,

in order to bring up his family, and settle the government of that

country; and he chose to take his passage by sea. The ship struck on

a sand-bank, and was lost: the duke escaped in the barge; and it is

pretended that, while many persons of rank and quality were drowned,

and among the rest Hyde, his brother-in-law, he was very careful to save

several of his dogs and priests; for these two species of favorites are

coupled together by some writers. It has likewise been asserted, that

the barge might safely have held more persons, and that some who swam

to it were thrust off, and even their hands cut, in order to disengage

them. But every action of every eminent person, during this period is so

liable to be misinterpreted and misrepresented by faction, that we ought

to be very cautious in passing judgment on too slight evidence. It

is remarkable, that the sailors on board the ship, though they felt

themselves sinking, and saw inevitable death before their eyes, yet, as

soon as they observed the duke to be in safety, gave a loud shout, in

testimony of their joy and satisfaction.

The duke, during his abode in Scotland, had behaved with great civility

towards the gentry and nobility; and by his courtly demeanor had much

won upon their affections: but his treatment of the enthusiasts was

still somewhat rigorous; and in many instances he appeared to be a man

of a severe, if not an unrelenting temper. It is even asserted, that

he sometimes assisted at the torture of criminals, and looked on with

tranquillity, as if he were considering some curious experiment.[*] He

left the authority in the hands of the earl of Aberdeen, chancellor, and

the earl of Queensberry, treasurer: a very arbitrary spirit appeared in

their administration.

* Burnet, vol. i. p. 583. Wodrow, vol. ii. p. 169. This last

author, who is much the better authority, mentions only one

instance, that of Spreul, which seems to have been an

extraordinary one.

A gentleman of the name of Weir was tried, because he had kept company

with one who had been in rebellion; though that person had never been

marked out by process or proclamation. The inferences upon which Weir

was condemned, (for a prosecution by the government and a condemnation

were in Scotland the same thing,) hung upon each other after the

following manner. No man, it was supposed, could have been in a

rebellion without being exposed to suspicion in the neighborhood: if

the neighborhood had suspected him, it was to be presumed that each

individual had likewise heard of the grounds of suspicion: every man was

bound to declare to the government his suspicion against every man,

and to avoid the company of traitors: to fail in this duty was to

participate in the treason: the conclusion, on the whole, was, You have

conversed with a rebel; therefore you are yourself a rebel. A reprieve

was with some difficulty procured for Weir; but it was seriously

determined to make use of the precedent. Courts of judicature were

erected in the southern and western counties, and a strict inquisition

carried on against this new species of crime. The term of three years

was appointed for the continuance of these courts; after which an

indemnity was promised. Whoever would take the test, was instantly

entitled to the benefit of this indemnity. The Presbyterians, alarmed

with such tyranny, from which no man could deem himself safe, began

to think of leaving the country; and some of their agents were sent

to England, in order to treat with the proprietors of Carolina for a

settlement in that colony. Any condition seemed preferable to the living

in their native country, which, by the prevalence of persecution and

violence, was become as insecure to them as a den of robbers.

Above two thousand persons were outlawed on pretence of their conversing

or having intercourse with rebels,[*] and they were continually

hunted in their retreat by soldiers, spies, informers, and oppressive

magistrates. It was usual to put insnaring questions to people living

peaceably in their own houses; such as, “Will you renounce the covenant?

Do you esteem the rising at Bothwel to be rebellion? Was the killing

of the archbishop of St. Andrews murder?” And when the poor deluded

creatures refused to answer, capital punishments were inflicted on

them.[**] Even women were brought to the gibbet for this pretended

crime. A number of fugitives, rendered frantic by oppression, had

published a seditious declaration, renouncing allegiance to Charles

Stuart, whom they called, as they, for their parts, had indeed some

reason to esteem him, a tyrant. This incident afforded the privy council

a pretence for an unusual kind of oppression. Soldiers were dispersed

over the country, and power was given to all commission officers, even

the lowest, to oblige every one they met with to abjure the declaration;

and, upon refusal, instantly, without further questions, to shoot the

delinquent.[***] It were endless, as well as shocking, to enumerate all

the instances of persecution, or, in other words, of absurd tyranny,

which at that time prevailed in Scotland. One of them, however, is so

singular, that I cannot forbear relating it.

Three women were seized;[****] and the customary oath was tendered

to them, by which they were to abjure the seditious declaration above

mentioned.

* Wodrow vol. ii. appendix, 94.

** Wodrow, vol. ii. passim.

*** Wodrow p. 434.

**** Wodrow, p. 505.

They all refused, and were condemned to a capital punishment by

drowning. One of them was an elderly woman: the other two were young;

one eighteen years of age, the other only thirteen. Even these violent

persecutors were ashamed to put the youngest to death: but the other two

were conducted to the place of execution, and were tied to stakes within

the sea mark at low water; a contrivance which rendered their death

lingering and dreadful. The elderly woman was placed farthest in, and

by the rising of the waters was first suffocated. The younger, partly

terrified with the view of her companion’s death, partly subdued by the

entreaty of her friends, was prevailed with to say, “God save the king.”

Immediately the spectators called out, that she had submitted; and she

was loosened from the stake. Major Winram, the officer who guarded

the execution, again required her to sign the abjuration; and upon her

refusal, he ordered her instantly to be plunged in the water, where she

was suffocated.

The severity of the administration in Scotland is in part to be ascribed

to the duke’s temper, to whom the king had consigned over the government

of that country, and who gave such attention to affairs as to allow

nothing of moment to escape him. Even the government of England, from

the same cause, began to be somewhat infected with the same severity.

The duke’s credit was great at court. Though neither so much beloved nor

esteemed as the king, he was more dreaded; and thence an attendance more

exact, as well as a submission more obsequious, was paid to him. The

saying of Waller was remarked, that Charles, in spite to the parliament,

who had determined that the duke should not succeed him, was resolved

that he should reign even in his lifetime.

The king, however, who loved to maintain a balance in his councils,

still supported Halifax, whom he created a marquis, and made privy

seal; though ever in opposition to the duke. This man, who possessed

the finest genius and most extensive capacity of all employed in public

affairs during the present reign, affected a species of neutrality

between the parties and was esteemed the head of that small body known

by the denomination of “trimmers.” This conduct, which is more natural

to men of integrity than of ambition, could not, however, procure him

the former character; and he was always, with reason, regarded as

an intriguer rather than a patriot. Sunderland, who had promoted the

exclusion bill, and who had been displaced on that account, was again,

with the duke’s consent, brought into the administration. The extreme

duplicity, at least variableness, of this man’s conduct, through the

whole course of his life, made it be suspected, that it was by the

king’s direction he had mixed with the country party. Hyde, created earl

of Rochester, was first commissioner of the treasury, and was entirely

in the duke’s interests.

The king himself was obliged to act as the head of a party; a

disagreeable situation for a prince, and always the source of much

injustice and oppression. He knew how obnoxious the dissenters were to

the church; and he resolved, contrary to the maxims of toleration, which

he had hitherto supported in England, to gratify his friends by the

persecution of his enemies. The laws against conventicles were now

rigorously executed; an expedient which, the king knew, would diminish

neither the numbers nor influence of the nonconformists; and which is

therefore to be deemed more the result of passion than of policy.

Scarcely any persecution serves the intended purpose but such as amounts

to a total extermination.

Though the king’s authority made everyday great advances, it still met

with considerable obstacles, chiefly from the city, which was entirely

in the hands of the malecontents. The juries, in particular, named by

the sheriffs, were not likely to be impartial judges between the crown

and the people; and after the experiments already made in the case of

Shaftesbury, and that of College, treason, it was apprehended, might

there be committed with impunity. There could not, therefore, be a more

important service to the court than to put affairs upon a different

footing. Sir John Moore, the mayor, was gained by Secretary Jenkins,

and encouraged to insist upon the customary privilege of his office, of

naming one of the sheriffs. Accordingly, when the time of election came,

he drank to North, a Levant merchant, who accepted of that expensive

office. The country party said, that, being lately returned from Turkey,

he was, on account of his recent experience, better qualified to serve

the purposes of the court. A poll was opened for the election of another

sheriff; and here began the contest. The majority of the common hall,

headed by the two sheriffs of the former year, refused to acknowledge

the mayor’s right of appointing one sheriff, but insisted that both must

be elected by the livery. Papillon and Dubois were the persons whom the

country party agreed to elect: Box was pointed out by the courtiers.

The poll was opened; but as the mayor would not allow the election

to proceed for two vacancies, the sheriffs and he separated, and

each carried on the poll apart. The country party, who voted with the

sheriffs for Papillon and Dubois, were much more numerous than those who

voted with the mayor for Box: but as the mayor insisted chat his

poll was the only legal one, he declared Box to be duly elected. All

difficulties, however, were not surmounted. Box, apprehensive of the

consequences which might attend so dubious an election, fined off; and

the mayor found it necessary to proceed to a new choice. When the matter

was proposed to the common hall, a loud cry was raised, “No election! No

election!” The two sheriffs already elected, Papillon and Dubois,

were insisted on as the only legal magistrates. But as the mayor still

maintained, that Box alone had been legally chosen, and that it was

now requisite to supply his place, he opened books anew; and during the

tumult and confusion of the citizens, a few of the mayor’s partisans

elected Rich, unknown to and unheeded by the rest of the livery. North

and Rich were accordingly sworn in sheriffs for the ensuing year; but

it was necessary to send a guard of the train bands to protect them

in entering upon their office. A new mayor of the court party was

soon after chosen, by means, as is pretended, still more violent and

irregular.

Thus the country party were dislodged from their stronghold in the

city; where, ever since the commencement of factions in the English

government, they had, without interruption, almost without molestation,

maintained a superiority. It had been happy, had the partialities,

hitherto objected to juries, been corrected, without giving place to

partialities of an opposite kind: but in the present distracted state

of the nation, an equitable neutrality was almost impossible to be

attained. The court and church party, who were now named on juries, made

justice subservient to their factious views; and the king had a prospect

of obtaining full revenge on his enemies. It was not long before the

effects of these alterations were seen. When it was first reported that

the duke intended to leave Scotland, Pilkington, at that time sheriff, a

very violent man, had broken out in these terms: “He has already burned

the city; and he is now coming to cut all our throats!” For these

scandalous expressions, the duke sued Pilkington; and enormous damages,

to the amount of one hundred thousand pounds, were decreed him. By the

law of England, ratified in the Great Charter, no fine or damages ought

to extend to the total ruin of a criminal. Sir Patience Ward, formerly

mayor, who gave evidence for Pilkington, was sued for perjury, and

condemned to the pillory; a severe sentence, and sufficient to deter all

witnesses from appearing in favor of those who were prosecuted by the

court.

{1683.} But though the crown had obtained so great a victory in the

city, it was not quite decisive; and the contest might be renewed every

year at the election of magistrates. An important project, therefore,

was formed, not only to make the king master of the city, but by that

precedent to gain him uncontrolled influence in all the corporations of

England, and thereby give the greatest wound to the legal constitution,

which the most powerful and most arbitrary monarchs had ever yet been

able to inflict. A writ of quo warranto was issued against the city;

that is, an inquiry into the validity of its charter. It was pretended,

that the city had forfeited all its privileges, and ought to be declared

no longer a corporation, on account of two offences which the court of

aldermen and common council had committed. After the great fire in

1666, all the markets had been rebuilt, and had been fitted up with many

conveniencies; and, in order to defray the expense, the magistrates had

imposed a small toll on goods brought to market: in the year 1679, they

had addressed the king against the prorogation of parliament, and had

employed the following terms: “Your petitioners are greatly surprised at

the late prorogation, whereby the prosecution of the public justice of

the kingdom, and the making of necessary provisions for the

preservation of your majesty and your Protestant subjects, have received

interruption.” These words were pretended to contain a scandalous

reflection on the king and his measures. The cause of the city was

defended against the attorney and solicitor-generals by Treby and

Pollexfen.

These last pleaded, that, since the foundation of the monarchy, no

corporation had ever yet been exposed to forfeiture, and the thing

itself implied an absurdity: that a corporation, as such, was incapable

of all crime or offence; and none were answerable for any iniquity but

the persons themselves who committed it: that the members, in choosing

magistrates, had intrusted them with legal powers only; and where the

magistrates exceeded these powers, their acts were void, but could never

involve the body itself in any criminal imputation: that such had

ever been the practice of England, except at the reformation, when the

monasteries were abolished; but this was an extraordinary case; and it

was even thought necessary to ratify afterwards the whole transaction

by act of parliament: that corporate bodies, framed for public good, and

calculated for perpetual duration, ought not to be annihilated for the

temporary faults of their members, who might themselves, without hurting

the community, be questioned for their offences: that even a private

estate, if entailed, could not be forfeited to the crown on account of

treason committed by the tenant for life; but, upon his demise, went to

the next in remainder: that the offences objected to the city, far from

deserving so severe a punishment, were not ever worthy of the smallest

reprehension: that all corporations were invested with the power of

making by-laws; and the smallest borough in England had ever been

allowed to carry the exercise of this power further than London had done

in the instance complained of: that the city having, at its own expense,

repaired the markets, which were built too on its own estate, might

as lawfully claim a small recompense from such as brought commodities

thither, as a man might require rent for a house of which he was

possessed: that those who disliked the condition might abstain from the

market; and whoever paid, had done it voluntarily: that it was an avowed

right of the subjects to petition; nor had the city in their address

abused this privilege, that the king himself had often declared, the

parliament often it is evident, could not be fully prosecuted but in

a parliamentary manner: that the impeachment of the Popish lords was

certainly obstructed by the frequent prorogations; as was also the

enacting of necessary laws, and providing for the defence of the

nation: that the loyalty of the city, no less than their regard to

self-preservation, might prompt them to frame the petition; since it was

acknowledged, that the king’s life was every moment exposed to the

most imminent danger from the Popish conspiracy: that the city had not

accused the king of obstructing justice, much less of having any such

intention; since it was allowed, that evil counsellors were alone

answerable for all the pernicious consequences of any measure: and that

it was unaccountable, that two public deeds, which had not, during so

long a time, subjected to any, even the smallest penalty, the persons

guilty of them, should now be punished so severely upon the corporation,

which always was, and always must be innocent.

It is evident, that those who would apologize for the measures of

the court, must, in this case, found their arguments, not on law, but

reasons of state. The judges, therefore, who condemned the city, are

inexcusable; since the sole object of their determinations must ever be

the pure principles of justice and equity. But the office of judge was

at that time held during pleasure; and it was impossible that any cause,

where the court bent its force, could ever be carried against it. After

sentence was pronounced, the city applied in an humble manner to the

king; and he agreed to restore their charter, but in return they were

obliged to submit to the following regulations that no mayor, sheriff,

recorder, common serjeant, town clerk, or coroner, should be admitted

to the exercise of his office without his majesty’s approbation: that

if the king disapprove twice of the mayor or sheriffs elected, he may

by commission appoint these magistrates: that the mayor and court of

aldermen may, with his majesty’s leave, displace any magistrate: and

that no alderman, in case of a vacancy, shall be elected without consent

of the court of aldermen, who, if they disapprove twice of the choice,

may fill the vacancy.

All the corporations in England, having the example of London before

their eyes, saw how vain it would prove to contend with the court, and

were, most of them, successively induced to surrender their charters

into the king’s hands. Considerable sums were exacted for restoring the

charters; and all offices of power and profit were left at the disposal

of the crown. It seems strange that the independent royalists, who

never meant to make the crown absolute, should yet be so elated with the

victory obtained over their adversaries, as to approve of a precedent

which left no national privileges in security, but enabled the king,

under like pretences, and by means of like instruments, to recall anew

all those charters which at present he was pleased to grant. And every

friend to liberty must allow, that the nation, whose constitution was

thus broken in the shock of faction, had a right, by every prudent

expedient, to recover that security of which it was so unhappily

bereaved.

While so great a faction adhered to the crown, it is apparent that

resistance, however justifiable, could never be prudent; and all wise

men saw no expedient but peaceably to submit to the present grievances.

There was, however, a party of malecontents, so turbulent in their

disposition, that, even before this last iniquity, which laid the whole

constitution at the mercy of the king, they had meditated plans of

resistance; at a time when it could be as little justifiable as prudent.

In the spring of 1681,[*] a little before the Oxford parliament, the

king was seized with a fit of sickness at Windsor, which gave great

alarm to the public.

* Lord Grey’s Secret History of the Rye-house Plot. This is

the most full and authentic account of all these

transactions; but is in the main confirmed by Bishop Sprat,

and even Burnet, as well as by the trials and dying

confessions of the conspirators; so that nothing can be more

unaccountable than that any one should pretend that this

conspiracy was an imposture, like the Popish plot.

Monmouth’s declaration, published in the next reign,

confesses a consult for extraordinary remedies.

The duke of Monmouth, Lord Russel, Lord Grey, instigated by the restless

Shaftesbury, had agreed, in case the king’s sickness should prove

mortal, to rise in arms, and to oppose the succession of the duke.

Charles recovered; but these dangerous projects were not laid aside. The

same conspirators, together with Essex and Salisbury were determined to

continue the Oxford parliament, after the king, as was daily expected,

should dissolve it; and they engaged some leaders among the commons in

the same desperate measure. They went so far as to detain several lords

in the house, under pretence of signing a protest against rejecting

Fitzharris’s impeachment; but hearing that the commons had broken up

in great consternation, they were likewise obliged at last to separate.

Shaftesbury’s imprisonment and trial put an end for some time to these

machinations; and it was not till the new sheriffs were imposed on the

city that they were revived. The leaders of the country party began then

to apprehend themselves in imminent danger; and they were well pleased

to find that the citizens were struck with the same terror, and were

thence inclined to undertake the most perilous enterprises. Besides

the city, the gentry and nobility in several counties of England were

solicited to rise in arms. Monmouth engaged the earl of Macclesfield,

Lord Brandon, Sir Gilbert Gerrard, and other gentlemen in Cheshire; Lord

Russel fixed a correspondence with Sir William Courtney, Sir Francis

Rowles, Sir Francis Drake, who promised to raise the west; and Trenchard

in particular, who had interest in the disaffected town of Taunton,

assured him of considerable assistance from that neighborhood.

Shaftesbury and his emissary Ferguson, an Independent clergyman and a

restless plotter, managed the correspondence in the city, upon which the

confederates chiefly relied. The whole train was ready to take fire;

but was prevented by the caution of Lord Russel, who induced Monmouth

to delay the enterprise. Shaftesbury, in the mean time, was so much

affected with the sense of his danger, that he had left his house, and

secretly lurked in the city; meditating all those desperate schemes

which disappointed revenge and ambition could inspire. He exclaimed

loudly against delay, and represented to his confederates, that having

gone so far, and intrusted the secret into so many hands, there was

no safety for them but in a bold and desperate prosecution of

their purpose. The projects were therefore renewed: meetings of the

conspirators were appointed in different houses, particularly in

Shephard’s, an eminent wine-merchant in the city: the plan of an

insurrection was laid in London, Cheshire, Devonshire, and Bristol: the

several places of rendezvous in the city were concerted; and all the

operations fixed: the state of the guards was even viewed by Monmouth

and Armstrong, and an attack on them pronounced practicable: a

declaration to justify the enterprise to the public was read and

agreed to: and every circumstance seemed now to render an insurrection

unavoidable; when a new delay was procured by Trenchard, who declared

that the rising in the west could not for some weeks be in sufficient

forwardness.

Shaftesbury was enraged at these perpetual cautions and delays in an

enterprise which, he thought, nothing but courage and celerity could

render effectual: he threatened to commence the insurrection with his

friends in the city alone; and he boasted, that he had ten thousand

brisk boys, as he called them, who, on a motion of his finger, were

ready to fly to arms. Monmouth, Russel, and the other

conspirators, were during some time in apprehensions lest despair should

push him into some dangerous measure; when they heard that, after a

long combat between fear and rage, he had at last abandoned all hopes of

success, and had retired into Holland. He lived in a private manner

at Amsterdam; and for greater security desired to be admitted into the

magistracy of that city: but his former violent counsels against the

Dutch commonwealth were remembered; and all applications from him were

rejected. He died soon after, and his end gave neither sorrow to his

friends nor joy to his enemies. His furious temper, notwithstanding his

capacity, had done great injury to the cause in which he was engaged.

The violences and iniquities which he suggested and encouraged, were

greater than even faction itself could endure; and men could not forbear

sometimes recollecting, that the same person who had become so zealous

a patriot, was once a most prostitute courtier. It is remarkable, that

this man, whose principles and conduct were in all other respects so

exceptionable, proved an excellent chancellor; and that all his decrees,

while he possessed that high office, were equally remarkable for

justness and for integrity: so difficult is it to find in history a

character either wholly bad or perfectly good; though the prejudices of

party make writers run easily into the extremes both of panegyric and of

satire.

After Shaftesbury’s departure, the conspirators found some difficulty

in renewing the correspondence with the city malecontents, who had

been accustomed to depend solely on that nobleman. Their common hopes,

however, as well as common fears, made them at last have recourse to

each other; and a regular project of an insurrection was again formed.

A council of six was erected, consisting of Monmouth, Russel, Essex,

Howard, Algernon Sidney, and John Hambden, grandson of the great

parliamentary leader. These men entered into an agreement with Argyle

and the Scottish malecontents; who engaged, that, upon the payment of

ten thousand pounds for the purchase of arms in Holland, they would

bring the Covenanters into the field. Insurrections likewise were anew

projected in Cheshire and the west, as well as in the city; and some

meetings of the leaders were held, in order to reduce these projects

into form. The conspirators differed extremely in their views. Sidney

was passionate for a commonwealth. Essex had embraced the same project.

But Monmouth had entertained hopes of acquiring the crown for

himself. Russel, as well as Hambden, was much attached to the ancient

constitution, and intended only the exclusion of the duke and the

redress of grievances. Lord Howard was a man of no principle, and was

ready to embrace any party which his immediate interest should recommend

to him. But notwithstanding this difference of characters and of views,

their common hatred of the duke and the present administration united

them in one party; and the dangerous experiment of an insurrection was

fully resolved on.

While these schemes were concerting among the leaders, there was

an inferior order of conspirators, who held frequent meetings, and,

together with the insurrection, carried on projects quite unknown to

Monmouth and the cabal of six. Among these men were

Colonel Rumsey, an old republican officer, who had distinguished

himself in Portugal, and had been recommended to the king by Mareschal

Schomberg; Lieutenant-Colonel Walcot, likewise a republican officer;

Goodenough, under-sheriff of London, a zealous and noted party-man;

West, Tyley, Norton, Ayloffe, lawyers; Ferguson, Rouse, Hone, Keiling,

Holloway, Bourne, Lee, Rumbald. Most of these last were merchants or

tradesmen; and the only persons of this confederacy who had access to

the leaders of the party, were Rumsey and Ferguson. When these men

met together, they indulged themselves in the most desperate and most

criminal discourse; they frequently mentioned the assassination of the

king and the duke, to which they had given the familiar appellation of

lopping: they even went so far as to have thought of a scheme for that

purpose. Rumbald, who was a maltster, possessed a farm, called the

Ryehouse, which lay on the road to Newmarket, whither the king commonly

went once a year, for the diversion of the races. A plan of this farm

had been laid before some of the conspirators by Rumbald, who showed

them how easy it would be, by overturning a cart, to stop at that place

the king’s coach; while they might fire upon him from the hedges, and

be enabled afterwards, through by-lanes and across the fields, to make

their escape. But though the plausibility of this scheme gave great

pleasure to the conspirators, no concerted design was as yet laid, nor

any men, horses, or arms provided: the whole was little more than loose

discourse, the overflowings of their zeal and rancor. The house in which

the king lived at Newmarket, took fire accidentally; and he was

obliged to leave that place eight days sooner than he intended. To this

circumstance his safety was afterwards ascribed, when the conspiracy

was detected; and the court party could not sufficiently admire the wise

dispensations of Providence. It is, indeed, certain, that as the king

had thus unexpectedly left Newmarket, he was worse attended than

usual; and Rumbald informed his confederates with regret what a fine

opportunity was thus unfortunately lost.

Among the conspirators I have mentioned Keiling, a salter in London.

This man had been engaged in a bold measure, of arresting the mayor

of London, at the suit of Papillon and Dubois, the outed sheriffs; and

being liable to prosecution for that action, he thought it safest to

purchase a pardon by revealing the conspiracy, in which he was

deeply concerned. He brought to Secretary Jenkins intelligence of the

assassination plot; but as he was a single evidence, the secretary, whom

many false plots had probably rendered incredulous, scrupled to issue

warrants for the commitment of so great a number of persons. Keiling,

therefore, in order to fortify his testimony, engaged his brother in

treasonable discourse with Goodenough, one of the conspirators; and

Jenkins began now to give more attention to the intelligence. The

conspirators had got some hint of the danger in which they were

involved, and all of them concealed themselves. One person alone, of the

name of Barber, an instrument-maker, was seized; and as his confession

concurred in many particulars with Keiling’s information, the affair

seemed to be put out of all question; and a more diligent search was

every where made after the conspirators.

West, the lawyer, and Colonel Rumsey, finding the perils to which they

were exposed in endeavoring to escape, resolved to save their own lives

at the expense of their companions; and they surrendered themselves

with an intention of becoming evidence. West could do little more than

confirm the testimony of Keiling with regard to the assassination plot;

but Rumsey, besides giving additional confirmation of the same design,

was at last, though with much difficulty, led to reveal the meetings at

Shephard’s. Shephard was immediately apprehended, and had not courage to

maintain fidelity to his confederates. Upon his information, orders were

issued for arresting the great men engaged in the conspiracy. Monmouth

absconded: Russel was sent to the Tower: Grey was arrested, but escaped

from the messenger: Howard was taken, while he concealed himself in

a chimney; and being a man of profligate morals, as well as indigent

circumstances, he scrupled not, in hopes of a pardon and a reward, to

reveal the whole conspiracy. Essex, Sidney, and Hambden were immediately

apprehended upon his evidence. Every day some of the conspirators were

detected in their lurking-places, and thrown into prison.

Lieutenant-Colonel Walcot was first brought to his trial, This man,

who was once noted for bravery, had been so far overcome by the love

of life, that he had written to Secretary Jenkins, and had offered upon

promise of pardon to turn evidence: but no sooner had he taken this

mean step, than he felt more generous sentiments arise in him; and he

endeavored, though in vain, to conceal himself. The witnesses against

him were Rumsey, West, Shephard, together with Bourne, a brewer. His own

letter to the secretary was produced, and rendered the testimony of the

witnesses unquestionable. Hone and Rouse were also condemned. These two

men, as well as Walcot, acknowledged at their execution the justice of

the sentence; and from their trial and confession it is sufficiently

apparent, that the plan of an insurrection had been regularly formed,

and that even the assassination had been often talked of, and not

without the approbation of many of the conspirators.

The condemnation of these criminals was probably intended as a

preparative to the trial of Lord Russel, and served to impress the

public with a thorough belief of the conspiracy, as well as a horror

against it. The witnesses produced against the noble prisoner were

Rumsey, Shephard, and Lord Howard. Rumsey swore, that he himself had

been introduced to the cabal at Shephard’s, where Russel was present;

and had delivered them a message from Shaftesbury, urging them to hasten

the intended insurrection; but had received for answer, that it

was found necessary to delay the design, and that Shaftesbury must

therefore, for some time, rest contented. This answer, he said, was

delivered by Ferguson; but was assented to by the prisoner. He added,

that some discourse had been entered into about taking a survey of the

guards; and he thought that Monmouth, Grey, and Armstrong undertook to

view them. Shephard deposed, that his house had beforehand been bespoken

by Ferguson for the secret meeting of the conspirators, and that he had

been careful to keep all his servants from approaching them, and had

served them himself. Their discourse, he said, ran chiefly upon the

means of surprising the guards; and it was agreed, that Monmouth and his

two friends should take a survey of them. The report which they brought

next meeting was, that the guards were remiss, and that the design was

practicable: but he did not affirm that any resolution was taken of

executing it. The prisoner, he thought, was present at both these

meetings; but he was sure that at least he was present at one of them.

A declaration, he added, had been read by Ferguson in Russel’s presence:

the reasons of the intended insurrection were there set forth, and all

the public grievances fully displayed.

Lord Howard had been one of the cabal of six, established after

Shaftesbury’s flight; and two meetings had been held by the

conspirators, one at Hambden’s, another at Russel’s. Howard deposed,

that, at the first meeting, it was agreed to begin the insurrection in

the country before the city; the places were fixed, the proper quantity

and kind of arms agreed on, and the whole plan of operations concerted:

that at the second meeting, the conversation chiefly turned upon their

correspondence with Argyle and the discontented Scots; and that the

principal management of that affair was intrusted to Sidney, who had

sent one Aaron Smith into Scotland with proper instructions. He added,

that in these deliberations no question was put, or votes collected;

but there was no contradiction; and, as he took it, all of them, and the

prisoner among the rest, gave their consent. Rumsey and Shephard were

very unwilling witnesses against Lord Russel; and it appears from Grey’s

Secret History,[*] that, if they had pleased, they could have given a

more explicit testimony against him.

* Page 43.

This reluctance, together with the difficulty in recollecting

circumstances of a conversation which had passed above eight months

before, and which the persons had not at that time any intention to

reveal, may beget some slight objection to their evidence. But, on

the whole, it was undoubtedly proved, that the insurrection had been

deliberated on by the prisoner, and fully resolved; the surprisal of the

guards deliberated on, but not fully resolved; and that an assassination

had never once been mentioned nor imagined by him. So far the matter

of fact seems certain: but still, with regard to law, there remained a

difficulty, and that of an important nature.

The English laws of treason, both in the manner of defining that crime,

and in the proof required, are the mildest and most indulgent, and

consequently the most equitable, that are any where to be found. The two

chief species of treason contained in the statute of Edward III. are the

compassing and intending of the king’s death, and the actually levying

of war against him; and by the law of Mary, the crime must be proved by

the concurring testimony of two witnesses, to some overt act, tending to

these purposes. But the lawyers, partly desirous of paying court to the

sovereign, partly convinced of ill consequences which might attend such

narrow limitations, had introduced a greater latitude both in the proof

and definition of the crime. It was not required that the two witnesses

should testify the same precise overt act: it was sufficient that they

both testified some overt act of the same treason; and though this

evasion may seem a subtilty, it had long prevailed in the courts of

judicature, and had at last been solemnly fixed by parliament at the

trial of Lord Stafford. The lawyers had used the same freedom with the

law of Edward III. They had observed that, by that statute, if a man

should enter into a conspiracy for a rebellion, should even fix a

correspondence with foreign powers for that purpose, should provide arms

and money, yet, if he were detected, and no rebellion ensued, he could

not be tried for treason. To prevent this inconvenience, which it

had been better to remedy by a new law, they had commonly laid their

indictment for intending the death of the king and had produced the

intention of rebellion as a proof of that other intention. But though

this form of indictment and trial was very frequent, and many criminals

had received sentence upon it, it was still considered as somewhat

irregular, and was plainly confounding by a sophism two species of

treason, which the statute had accurately distinguished. What made this

refinement still more exceptionable, was, that a law had passed soon

after the restoration, in which the consulting or the intending of a

rebellion was, during Charles’s lifetime, declared treason; and it was

required, that the prosecution should be commenced within six months

after the crime was committed. But notwithstanding this statute, the

lawyers had persevered, as they still do persevere, in the old form of

indictment; and both Sir Harry Vane and Oliver Plunket, titular

primate of Ireland, had been tried by it. Such was the general horror

entertained against the old republicans and the Popish conspirators,

that no one had murmured against this interpretation of the statute; and

the lawyers thought that they might follow the precedent, even in the

case of the popular and beloved Lord Russel. Russel’s crime fell plainly

within the statute of Charles II.; but the facts sworn to by Rumsey and

Shephard were beyond the six months required by law, and to the other

facts Howard was a single witness. To make the indictment, therefore,

more extensive, the intention of murdering the king was comprehended

in it; and for proof of this intention the conspiracy for raising a

rebellion was assigned; and, what seemed to bring the matter still

nearer, the design of attacking the king’s guards.

Russel perceived this irregularity, and desired to have the point argued

by counsel: the chief justice told him, that this favor could not be

granted, unless he previously confessed the facts charged upon him. The

artificial confounding of the two species of treason, though a practice

supported by many precedents, is the chief, but not the only hardship

of which Russel had reason to complain on his trial. His defence was

feeble: and he contented himself with protesting, that he never had

entertained any design against the life of the king: his veracity would

not allow him to deny the conspiracy for an insurrection. The jury were

men of fair and reputable characters, but zealous royalists: after a

short deliberation, they brought in the prisoner guilty.

Applications were made to the king for a pardon: even money, to the

amount of one hundred thousand pounds, was offered to the duchess of

Portsmouth by the old earl of Bedford, father to Russel. The king was

inexorable. He had been extremely harassed with the violence of the

country party; and he had observed, that the prisoner, besides his

secret designs, had always been carried to the highest extremity of

opposition in parliament. Russel had even adopted a sentiment similar to

what we meet with in a letter of the younger Brutus. Had his father,

he said, advised the king to reject the exclusion bill, he would be the

first to move for a parliamentary impeachment against him. When such

determined resolution was observed, his popularity, his humanity, his

justice, his very virtues, became so many crimes, and were used as

arguments against sparing him. Charles, therefore, would go no further

than remitting the more ignominious part of the sentence which the law

requires to be pronounced against traitors. “Lord Russel,” said he,

“shall find that I am possessed of that prerogative which, in the case

of Lord Stafford, he thought proper to deny me.” As the fury of the

country party had rendered it impossible for the king, without the

imminent danger of his crown, to pardon so many Catholics, whom he

firmly believed innocent, and even affectionate and loyal to him, he

probably thought that, since the edge of the law was now ready to fall

upon that party themselves, they could not reasonably expect that he

would interpose to save them.

Russel’s consort, a woman of virtue, daughter and heir of the good earl

of Southampton, threw herself at the king’s feet and pleaded with many

tears the merits and loyalty of her father, as an atonement for those

errors into which honest, however mistaken, principles had seduced her

husband. These supplications were the last instance of female weakness

(if they deserve the name) which she betrayed. Finding all applications

vain, she collected courage, and not only fortified herself against the

fatal blow, but endeavored by her example to strengthen the resolution

of her unfortunate lord. With a tender and decent composure they took

leave of each other on the day of his execution. “The bitterness of

death is now past,” said he, when he turned from her. Lord Cavendish had

lived in the closest intimacy with Russel, and deserted not his friend

in the present calamity. He offered to manage his escape, by changing

clothes with him, and remaining at al hazards in his place. Russel

refused to save his own life by an expedient which might expose his

friend to so many hardships When the duke of Monmouth by message offered

to surrender himself, if Russel thought that this measure would anywise

contribute to his safety, “It will be no advantage to me,” he said, “to

have my friends die with me.” Some of his expressions discover, not only

composure, but good humor, in this melancholy extremity. The day before

his execution, he was seized with a bleeding at the nose. “I shall not

now let blood to divert this distemper,” said he to Dr. Burnet, who

attended him; “that will be done to-morrow.” A little before the

sheriffs conducted him to the scaffold, he wound up his watch: “Now I

have done,” said he, “with time, and hence forth must think solely of

eternity.”

The scaffold was erected in Lincoln’s Inn Fields, a place distant from

the Tower; and it was probably intended, by conducting Russel through so

many streets, to show the mutinous city their beloved leader, once the

object of all their confidence, now exposed to the utmost rigors of the

law. As he was the most popular among his own party, so was he ever the

least obnoxious to the opposite faction; and his melancholy fate united

every heart, sensible of humanity, in a tender compassion for him.

Without the least change of countenance, he laid his head on the block;

and at two strokes, it was severed from his body.

In the speech which he delivered to the sheriffs, he was very anxious to

clear his memory from any imputation of ever intending the king’s death,

or any alteration in the government: he could not explicitly confess the

projected insurrection without hurting his friends, who might still be

called in question for it; but he did not purge himself of that design,

which, in the present condition of the nation, he regarded as no crime.

By many passages in his speech, he seems to the last to have lain under

the influence of party zeal; a passion which, being nourished by a

social temper, and clothing itself under the appearance of principle, it

is almost impossible for a virtuous man, who has acted in public life,

ever thoroughly to eradicate. He professed his entire belief in the

Popish plot: and he said that, though he had often heard the seizure of

the guards mentioned, he had ever disapproved of that attempt. To which

he added, that the massacring of so many innocent men in cool blood

was so like a Popish practice, that he could not but abhor it. Upon the

whole, the integrity and virtuous intentions, rather than the capacity,

of this unfortunate nobleman, seem to have been the shining parts of his

character.

Algernon Sidney was next brought to his trial. This gallant person, son

of the earl of Leicester, had entered deeply into the war against the

late king; and though nowise tainted with enthusiasm, he had so far

shared in all the counsels of the Independent republican party, as to

have been named on the high court of justice which tried and condemned

that monarch: he thought not proper, however, to take his seat among the

judges. He ever opposed Cromwell’s usurpation with zeal and courage; and

after making all efforts against the restoration, he resolved to take no

benefit of the general indemnity, but chose voluntary banishment, rather

than submit to a government and family which he abhorred. As long as

the republican party had any existence, he was active in every scheme,

however unpromising, which tended to promote their cause; but at length,

in 1677, finding it necessary for his private affairs to return to

England, he had applied for the king’s pardon, and had obtained it. When

the factions arising from the Popish plot began to run high, Sidney,

full of those ideas of liberty which he had imbibed from the great

examples of antiquity, joined the popular party; and was even willing to

seek a second time, through all the horrors of civil war, for his adored

republic.

From this imperfect sketch of the character and conduct of this singular

personage, it may easily be conceived how obnoxious he was become to the

court and ministry: what alone renders them blamable was, the illegal

method which they took for effecting their purpose against him. On

Sidney’s trial, they produced a great number of witnesses, who proved

the reality of a plot in general; and when the prisoner exclaimed, that

all these evidences said nothing of him, he was answered, that this

method of proceeding, however irregular, had been practised in the

prosecutions of the Popish conspirators; a topic more fit to condemn one

party than to justify the other. The only witness who deposed against

Sidney was Lord Howard; but as the law required two witnesses, a strange

expedient was fallen on to supply this deficiency. In ransacking the

prisoner’s closet, some discourses on government were found; in which he

had maintained principles, favorable indeed to liberty, but such as the

best and most dutiful subjects in all ages have been known to embrace;

the original contract, the source of power from a consent of the people,

the lawfulness of resisting tyrants, the preference of liberty to

the government of a single person. These papers were asserted to be

equivalent to a second witness, and even to many witnesses. The prisoner

replied, that there was no other reason for ascribing those papers to

him as the author, besides a similitude of hand; a proof which was never

admitted in criminal prosecutions: that allowing him to be the author,

he had composed them solely for his private amusement, and had never

published them to the world, or even communicated them to any single

person: that, when examined, they appeared by the color of the ink

to have been written many years before, and were in vain produced as

evidence of a present conspiracy against the government: and that where

the law positively requires two witnesses, one witness attended with

the most convincing circumstances, could never suffice; much less, when

supported by a circumstance so weak and precarious. All these arguments,

though urged by the prisoner with great courage and pregnancy of reason,

had no influence. The violent and inhuman Jefferies was now chief

justice; and by his direction a partial jury was easily prevailed on to

give verdict against Sidney. His execution followed a few days after: he

complained, and with reason, of the iniquity of the sentence; but he had

too much greatness of mind to deny those conspiracies with Monmouth and

Russel, in which he had been engaged. He rather gloried, that he now

suffered for that “good old cause,” in which, from his earliest youth,

he said he had enlisted himself.

The execution of Sidney is regarded as one of the greatest blemishes of

the present reign. The evidence against him, it must be confessed, was

not legal; and the jury who condemned him were, for that reason, very

blamable. But that, after sentence passed by a court of judicature, the

king should interpose and pardon a man who, though otherwise possessed

of merit, was undoubtedly guilty, who had ever been a most inflexible

and most inveterate enemy to the royal family, and who lately had even

abused the king’s clemency, might be an act of heroic generosity, but

can never be regarded as a necessary and indispensable duty.

Howard was also the sole evidence against Hambden; and his testimony was

not supported by any material circumstance. The crown lawyers therefore

found it in vain to try the prisoner for treason: they laid the

indictment only for a misdemeanor, and obtained sentence against him.

The fine imposed was exorbitant; no less than forty thousand pounds.

Holloway, a merchant of Bristol, one of the conspirators, had fled to

the West Indies, and was now brought over. He had been outlawed; but the

year allowed him for surrendering himself was not expired. A trial was

therefore offered him but as he had at first confessed his being engaged

in a conspiracy for an insurrection, and even allowed that he had heard

some discourse of an assassination, though he had not approved of it, he

thought it more expedient to throw himself on the king’s mercy. He was

executed, persisting in the same confession.

Sir Thomas Armstrong, who had been seized in Holland, and sent over by

Chidley, the king’s minister, was precisely in the same situation with

Holloway: but the same favor, or rather justice, was refused him. The

lawyers pretended, that unless he had voluntarily surrendered himself

before the expiration of the time assigned, he could not claim the

privilege of a trial; not considering that the seizure of his person

ought in equity to be supposed the accident which prevented him. The

king bore a great enmity against this gentleman, by whom he believed the

duke of Monmouth to have been seduced from his duty; he also asserted,

that Armstrong had once promised Cromwell to assassinate him; though

it must be confessed, that the prisoner justified himself from this

imputation by very strong arguments. These were the reasons of that

injustice which was now done him. It was apprehended that sufficient

evidence of his guilt could not be produced; and that even the partial

juries which were now returned, and which allowed themselves to be

entirely directed by Jefferies and other violent judges, would not give

sentence against him.

On the day that Russel was tried, Essex, a man eminent both for virtues

and abilities, was found in the Tower with his throat cut. The coroner’s

inquest brought in their verdict, self-murder; yet because two children

ten years old (one of whom, too, departed from his evidence) had

affirmed that they heard a great noise from his window, and that they

saw a hand throw out a bloody razor, these circumstances were laid hold

of, and the murder was ascribed to the king and the duke, who happened

that morning to pay a visit to the Tower. Essex was subject to fits

of deep melancholy, and had been seized with one immediately upon his

commitment: he was accustomed to maintain the lawfulness of suicide: and

his countess upon a strict inquiry, which was committed to the care of

Dr. Burnet, found no reason to confirm the suspicion: yet could not

all these circumstances, joined to many others, entirely remove the

imputation. It is no wonder, that faction is so productive of vices of

all kinds; for, besides that it inflames all the passions, it tends much

to remove those great restraints, horror and shame; when men find

that no iniquity can lose them the applause of their own party, and no

innocence secure them against the calumnies of the opposite.

But though there is no reason to think that Essex had been murdered by

any orders from court, it must be acknowledged that an unjustifiable

use in Russel’s trial was made of that incident. The king’s counsel

mentioned it in their pleadings as a strong proof of the conspiracy; and

it is said to have had great weight with the jury. It was insisted on in

Sidney’s trial for the same purpose.

Some memorable causes, tried about this time, though they have no

relation to the Rye-house conspiracy, show the temper of the bench and

of the juries. Oates was convicted of having called the duke a Popish

traitor; was condemned in damages to the amount of one hundred thousand

pounds; and was adjudged to remain in prison till he should make

payment. A like sentence was passed upon Dutton-Colt, for a like offence

Sir Samuel Barnardiston was fined ten thousand pounds, because, in some

private letters which had been intercepted, he had reflected on the

government. This gentleman was obnoxious, because he had been foreman

of that jury which rejected the bill against Shaftesbury. A pretence

was therefore fallen upon for punishing him; though such a precedent

may justly be deemed a very unusual act of severity, and sufficient to

destroy all confidence in private friendship and correspondence.

There is another remarkable trial, which shows the disposition of the

courts of judicature, and which, though it passed in the ensuing

year, it may not be improper to relate in this place. One Rosewel,

a Presbyterian preacher, was accused by three women of having spoken

treasonable words in a sermon. They swore to two or three periods, and

agreed so exactly together, that there was not the smallest variation in

their depositions. Rosewel, on the other hand, made a very good defence.

He proved that the witnesses were lewd and infamous persons. He proved

that, even during Cromwell’s usurpation, he had always been a royalist;

that he prayed constantly for the king in his family; and that in his

sermons he often inculcated the obligations of loyalty. And as to the

sermon of which he was accused, several witnesses who heard it, and some

who wrote it in shorthand, deposed that he had used no such expressions

as those which were imputed to him. He offered his own notes as a

further proof. The women could not show by any circumstance or witness

that they were at his meeting. And the expressions to which they deposed

were so gross, that no man in his senses could be supposed to employ

them before a mixed audience. It was also urged, that it appeared next

to impossible for three women to remember so long a period upon one

single hearing, and to remember it so exactly, as to agree to a tittle

in their depositions with regard to it. The prisoner offered to put the

whole upon this issue: he would pronounce, with his usual tone of voice,

a period as long as that to which they had sworn; and then let them

try to repeat it, if they could. What was more unaccountable, they had

forgotten even the text of his sermon; nor did they remember any single

passage but the words to which they gave evidence. After so strong a

defence, the solicitor-general thought not proper to make any reply:

even Jefferies went no further than some general declamations against

conventicles and Presbyterians: yet so violent were party prejudices,

that the jury gave a verdict against the prisoner; which, however,

appeared so palpably unjust, that it was not carried into execution.

The duke of Monmouth had absconded on the first discovery of the

conspiracy; and the court could get no intelligence of him. At length,

Halifax, who began to apprehend the too great prevalence of the royal

party, and who thought that Monmouth’s interest would prove the best

counterpoise to the duke’s, discovered his retreat, and prevailed on

him to write two letters to the king, full of the tenderest and

most submissive expressions. The king’s fondness was revived; and he

permitted Monmouth to come to court. He even endeavored to mediate a

reconciliation between his son and his brother; and having promised

Monmouth, that his testimony should never be employed against any of

his friends, he engaged him to give a full account of the plot. But,

in order to put the country party to silence, he called next day an

extraordinary council, and informed them, that Monmouth had showed great

penitence for the share which he had had in the late conspiracy, and

had expressed his resolutions never more to engage in such criminal

enterprises. He went so far as to give orders, that a paragraph to the

like purpose should be inserted in the gazette. Monmouth kept silence

till he had obtained his pardon in form: but finding that, by taking

this step, he was entirely disgraced with his party, and that, even

though he should not be produced in court as an evidence, his testimony,

being so publicly known might have weight with juries on any future

trial, he resolved at all hazards to retrieve his honor. His emissaries,

therefore received orders to deny that he had ever made any such

confession as that which was imputed to him; and the party exclaimed

that the whole was an imposture of the court. The king, provoked at this

conduct, banished Monmouth his presence, and afterwards ordered him to

depart the kingdom.

The court was aware, that the malecontents in England had held a

correspondence with those of Scotland; and that Baillie of Jerviswood,

a man of merit and learning, with two gentlemen of the name of Campbell,

had come to London, under pretence of negotiating the settlement of the

Scottish Presbyterians in Carolina, but really with a view of concerting

measures with the English conspirators. Baillie was sent prisoner to

Edinburgh; but as no evidence appeared against him, the council required

him to swear, that he would answer all questions which should be

propounded to him. He refused to submit to so iniquitous a condition;

and a fine of six thousand pounds was imposed upon him. At length two

persons, Spence and Carstares, being put to the torture, gave evidence

which involved the earl of Tarras and some others, who, in order to save

themselves, were reduced to accuse Baillie. He was brought to trial; and

being in so languishing a condition from the treatment which he had met

with in prison, that it was feared he would not survive that night,

he was ordered to be executed the very afternoon on which he received

sentence.

The severities exercised during this part of the present reign, were

much contrary to the usual tenor of the king’s conduct; and though those

who studied his character more narrowly, have pronounced, that towards

great offences he was rigid and inexorable, the nation were more

inclined to ascribe every unjust or hard measure to the prevalence of

the duke, into whose hands the king had, from indolence, not from

any opinion of his brother’s superior capacity, resigned the reins of

government. The crown, indeed, gained great advantage from the detection

of the conspiracy, and lost none by the rigorous execution of the

conspirators: the horror entertained against the assassination plot,

which was generally confounded with the project for an insurrection,

rendered the whole party unpopular and reconciled the nation to the

measures of the court. The most loyal addresses came from all parts;

and the doctrine of submission to the civil magistrate, and even of an

unlimited passive obedience, became the reigning principle of the

times. The university of Oxford passed a solemn decree, condemning some

doctrines which they termed republican, but which indeed are, most of

them, the only tenets on which liberty and a limited constitution can be

founded. The faction of the exclusionists, lately so numerous, powerful,

and zealous, were at the king’s feet; and were as much fallen in their

spirit as in their credit with the nation. Nothing that had the least

appearance of opposition to the court could be hearkened to by the

public.[*]

* In the month of November this year died Prince Rupert, in

the sixty-third year of his age. He had left his own country

so early, that he had become an entire Englishman; and was

even suspected, in his latter days, of a bias to the country

party. He was for that reason much neglected at court. The

duke of Lauderdale died also this year.

{1684.} The king endeavored to increase his present popularity by every

art; and knowing that the suspicion of Popery was of all others the most

dangerous, he judged it proper to marry his niece, the Lady Anne, to

Prince George, brother to the king of Denmark. All the credit, however,

and persuasion of Halifax could not engage him to call a parliament, or

trust the nation with the election of a new representative. Though his

revenues were extremely burdened, he rather chose to struggle with the

present difficulties, than try an experiment which, by raising afresh

so many malignant humors, might prove dangerous to his repose. The duke

likewise zealously opposed this proposal, and even engaged the king in

measures which could have no tendency, but to render any accommodation

with a parliament altogether impracticable. Williams, who had been

speaker during the two last parliaments, was prosecuted for warrants

issued by him in obedience to orders of the house: a breach of privilege

which it seemed not likely any future house of commons would leave

unquestioned. Danby and the Popish lords, who had so long been confined

in the Tower, and who saw no prospect of a trial in parliament, applied

by petition, and were admitted to bail; a measure just in itself, but

deemed a great encroachment on the privileges of that assembly. The

duke, contrary to law, was restored to the office of high admiral

without taking the test.

Had the least grain of jealousy or emulation been mixed in the king’s

character; had he been actuated by that concern for his people’s or

even for his own honor, which his high station demanded; he would have

hazarded many domestic inconveniencies rather than allow France to

domineer in so haughty a manner as that which at present she assumed in

every negotiation. The peace of Nimeguen, imposed by the Dutch on their

unwilling allies, had disjointed the whole confederacy; and all the

powers engaged in it had disbanded their supernumerary troops, which

they found it difficult to subsist. Lewis alone still maintained a

powerful army, and by his preparations rendered himself every day more

formidable. He now acted as if he were the sole sovereign in Europe,

and as if all other princes were soon to become his vassals. Courts or

chambers were erected in Metz and Brisac, for reuniting such territories

as had ever been members of any part of his new conquests. They made

inquiry into titles buried in the most remote antiquity. They cited the

neighboring princes to appear before them, and issued decrees, expelling

them the contested territories. The important town of Strasbourg, an

ancient and a free state, was seized by Lewis: Alost was demanded of the

Spaniards, on a frivolous and even ridiculous pretence; and upon their

refusal to yield it, Luxembourg was blockaded, and soon after taken.[*]

Genoa had been bombarded, because the Genoese had stipulated to build

some galleys for the Spaniards; and, in order to avoid more severe

treatment, that republic was obliged to yield to the most mortifying

conditions. The empire was insulted in its head and principal members;

and used no other expedient for redress, than impotent complaints and

remonstrances.

* It appears from Sir John Dalrymple’s Appendix, that the

king received from France a million of livres for his

connivance at the seizure of Luxembourg, besides his

ordinary pension.

Spain was so enraged at the insolent treatment which she met with, that,

without considering her present weak condition she declared war against

her haughty enemy: she hoped that the other powers of Europe, sensible

of the common danger, would fly to her assistance. The prince of Orange,

whose ruling passions were love of war and animosity against Prance,

seconded every where the applications of the Spaniards. In the year

1681, he made a journey to England, in order to engage the king into

closer measures with the confederates. He also proposed to the states to

make an augmentation of their forces; but several of the provinces,

and even the town of Amsterdam, had been gained by the French, and the

proposal was rejected. The prince’s enemies derived the most plausible

reasons of their opposition from the situation of England, and the known

and avowed attachments of the English monarch.

No sooner had Charles dismissed his parliament, and embraced the

resolution of governing by prerogative alone, than he dropped his new

alliance with Spain, and returned to his former dangerous connections

with Lewis. This prince had even offered to make him arbiter of his

differences with Spain; and the latter power, sensible of Charles’s

partiality, had refused to submit to such a disadvantageous proposal.

Whether any money was now remitted to England, we do not certainly know;

but we may fairly presume, that the king’s necessities were in some

degree relieved by France.[*] And though Charles had reason to apprehend

the utmost danger from the great, and still increasing naval power of

that kingdom, joined to the weak condition of the English fleet, no

consideration was able to rouse him from his present lethargy.

* The following passage is an extract from M. Barillon’s

letters kept in the Dépôt des Affaires étrangères at

Versailles. It was lately communicated to the author while

in France. “Convention verbale arrêtée le 1 Avril 1681.

Charles 2 s’engage à ne rien omettre pour pouvoir faire

connoitre à sa majesté qu’elle avoit raison de prendre

confiance en lui; a se dégager peu-à-peu de l’alliance avec

l’Espagne, et à se mettre en état de ne point ètre contraint

par son parlement de faire quelque chose d’opposé aux

nouveaux engagemens qu’il prenoit. En conséquence, le roi

promet un subside de deux millions la première des trois

années de cet engagement, et 500,000 écus les deux autres se

contentant de la parole de sa majesté Britannique, d’agir à

l’égard de sa majesté conformement aux obligations qu’il lui

avoit. Le Sr. Hyde demanda que le roi s’engagea à ne point

attaquer les pays bas et même Strasbourg, térnoignant que le

roi son maìtre ne pournoit s’empêcher de secourir les pais

bas, quand même son parlement ne seroit point assemblé. M.

Barillon lui répondit en termes généraux par ordre du roi,

que sa majesté n’avoit point intention de rompre la paix, et

qu’il n’engageroit pas sa majesté Britannique en choses

contraires à ses véritables intérêts.”

It is here we are to fix the point of the highest exaltation which

the power of Lewis, or that of any European prince since the age of

Charlemagne, had ever attained. The monarch most capable of opposing his

progress was entirely engaged in his interests; and the Turks, invited

by the malecontents of Hungary, were preparing to invade the emperor,

and to disable that prince from making head against the progress of

the French power. Lewis may even be accused of oversight, in not making

sufficient advantage of such favorable opportunities, which he was never

afterwards able to recall. But that monarch, though more governed by

motives of ambition than by those of justice or moderation, was still

more actuated by the suggestions of vanity. He contented himself with

insulting and domineering over all the princes and free states of

Europe; and he thereby provoked their resentment, without subduing

their power. While every one who approached his person, and behaved with

submission to his authority, was treated with the highest politeness,

all the neighboring potentates had successively felt the effects of his

haughty, imperious disposition. And by indulging his poets, orators,

and courtiers in their flatteries, and in their prognostications of

universal empire, he conveyed faster, than by the prospect of his power

alone, the apprehension of general conquest and subjection.

{1685.} The French greatness never, during his whole reign, inspired

Charles with any apprehensions; and Clifford, it is said, one of his

most favored ministers, went so far as to affirm, that it were better

for the king to be viceroy under a great and generous monarch, than

a slave to five hundred of his own insolent subjects. The ambition,

therefore, and uncontrolled power of Lewis were no diminution of

Charles’s happiness; and in other respects his condition seemed at

present more eligible than it had ever been since his restoration. A

mighty faction, which had shaken his throne and menaced his family,

was totally subdued; and by their precipitate indiscretion had exposed

themselves both to the rigor of the laws and to public hatred. He

had recovered his former popularity in the nation; and, what probably

pleased him more than having a compliant parliament, he was enabled to

govern altogether without one. But it is certain that the king, amidst

all these promising circumstances, was not happy or satisfied. Whether

he found himself exposed to difficulties for want of money, or dreaded

a recoil of the popular humor from the present arbitrary measures, is

uncertain. Perhaps the violent, imprudent temper of the duke, by pushing

Charles upon dangerous attempts, gave him apprehension and uneasiness.

He was over-heard one day to say, in opposing some of the duke’s hasty

counsels, “Brother, I am too old to go again to my travels: you may, if

you choose it.” Whatever was the cause of the king’s dissatisfaction, it

seems probable that he was meditating some change of measures, and had

formed a new plan of administration. He was determined, it is

thought, to send the duke to Scotland, to recall Monmouth, to summon a

parliament, to dismiss all his unpopular ministers, and to throw himself

entirely on the good will and affections of his subjects.[*]

* King James’s Memoirs confirm this rumor, as also D’Avaux’s

Negotiations, 14 Dec. 1684.

Amidst these truly wise and virtuous designs, he was seized with a

sudden fit, which resembled an apoplexy; and though he was recovered

from it by bleeding, he languished only for a few days, and then

expired, in the fifty-fifth year of his age, and twenty-fifth of his

reign. He was so happy in a good constitution of body, and had ever been

so remarkably careful of his health, that his death struck as great a

surprise into his subjects as if he had been in the flower of his

youth. And their great concern for him, owing to their affection for his

person, as well as their dread of his successor, very naturally, when

joined to the critical time of his death, begat the suspicion of poison.

All circumstances, however, considered, this suspicion must be allowed

to vanish; like many others, of which all histories are full.

During the few days of the king’s illness, clergymen of the church of

England attended him; but he discovered a total indifference towards

their devotions and exhortations. Catholic priests were brought, and he

received the sacrament from them, accompanied with the other rites of

the Romish church. Two papers were found in his cabinet, written with

his own hand, and containing arguments in favor of that communion. The

duke had the imprudence immediately to publish these papers, and thereby

both confirmed all the reproaches of those who had been the greatest

enemies to his brother’s measures, and afforded to the world a specimen

of his own bigotry.

If we survey the character of Charles II. in the different lights which

it will admit of, it will appear various, and give rise to different and

even opposite sentiments. When considered as a companion, he appears

the most amiable and engaging of men; and indeed, in this view, his

deportment must be allowed altogether unexceptionable. His love

of raillery was so tempered with good breeding, that it was never

offensive; his propensity to satire was so checked with discretion, that

his friends never dreaded their becoming the object of it: his wit, to

use the expression of one who knew him well, and who was himself a good

judge,[*] could not be said so much to be very refined or elevated,

qualities apt to beget jealousy and apprehension in company, as to be

a plain, gaining, well-bred, recommending kind of wit. And though,

perhaps, he talked more than strict rules of behavior might permit, men

were so pleased with the affable communicative deportment of the monarch

that they always went away contented both with him and with themselves.

* Marquis of Halifax.

This, indeed, is the most shining part of the king’s character; and

he seems to have been sensible of it; for he was fond of dropping the

formality of state, and of relapsing every moment into the companion.

In the duties of private life, his conduct, though not free from

exception, was, in the main, laudable. He was an easy, generous lover, a

civil, obliging husband, a friendly brother, an indulgent father, and a

good-natured master.[* ]The voluntary friendships, however, which this

prince contracted, nay, even his sense of gratitude, were feeble; and

he never attached himself to any of his ministers or courtiers with a

sincere affection. He believed them to have no motive in serving him but

self-interest; and he was still ready, in his turn, to sacrifice them to

present ease or convenience.

* Duke of Buckingham.

With a detail of his private character we must set bounds to our

panegyric on Charles. The other parts of his conduct may admit of some

apology, but can deserve small applause. He was indeed so much fitted

for private life, preferably to public, that he even possessed order,

frugality, and economy in the former; was profuse, thoughtless, and

negligent in the latter. When we consider him as a sovereign, his

character, though not altogether destitute of virtue, was in the main

dangerous to his people, and dishonorable to himself. Negligent of the

interests of the nation, careless of its glory, averse to its religion,

jealous of its liberty, lavish of its treasure, sparing only of its

blood, he exposed it by his measures, though he ever appeared but in

sport, to the danger of a furious civil war, and even to the ruin and

ignominy of a foreign conquest. Yet may all these enormities, if fairly

and candidly examined, be imputed, in a great measure, to the indolence

of his temper; a fault which, however unfortunate in a monarch, it is

impossible for us to regard with great severity.

It has been remarked of Charles, that he never said a foolish thing nor

ever did a wise one; a censure which, though too far carried, seems to

have some foundation in his character and deportment. When the king

was informed of this saying, he observed that the matter was easily

accounted for; for that his discourse was his own, his actions were the

ministry’s.

If we reflect on the appetite for power inherent in human nature,

and add to it the king’s education in foreign countries and among the

cavaliers, a party which would naturally exaggerate the late usurpations

of popular assemblies upon the rights of monarchy, it is not surprising

that civil liberty should not find in him a very zealous patron.

Harassed with domestic faction, weary of calumnies and complaints,

oppressed with debts, straitened in his revenue, he sought, though with

feeble efforts, for a form of government more simple in its structure

and more easy in its management. But his attachment to France, after all

the pains which we have taken by inquiry and conjecture to fathom

it, contains still something, it must be confessed, mysterious and

inexplicable. The hopes of rendering himself absolute by Lewis’s

assistance seem so chimerical, that they could scarcely be retained with

such obstinacy by a prince of Charles’s penetration: and as to pecuniary

subsidies, he surely spent much greater sums in one season, during the

second Dutch war, than were remitted him from France during the whole

course of his reign. I am apt, therefore, to imagine, that Charles was

in this particular guided chiefly by inclination, and by a prepossession

in favor of the French nation. He considered that people as gay,

sprightly, polite, elegant, courteous, devoted to their prince, and

attached to the Catholic faith; and for these reasons he cordially loved

them. The opposite character of the Dutch had rendered them the objects

of his aversion; and even the uncourtly humors of the English made him

very indifferent towards them. Our notions of interest are much warped

by our affections, and it is not altogether without example, that a man

may be guided by national prejudices, who has ever been little biased by

private and personal friendship.

The character of this prince has been elaborately drawn by two great

masters, perfectly well acquainted with him, the duke of Buckingham and

the marquis of Halifax; not to mention several elegant strokes given

by Sir William Temple. Dr Welwood, likewise, and Bishop Burnet have

employed their pencil on the same subject; but the former is somewhat

partial in his favor, as the latter is by far too harsh and malignant.

Instead of finding an exact parallel between Charles II. and the emperor

Tiberius, as asserted by that prelate, it would be more just to remark

a full contrast and opposition. The emperor seems as much to have

surpassed the king in abilities, as he falls short of him in virtue.

Provident, wise, active, jealous, malignant, dark, sullen, unsociable,

reserved, cruel, unrelenting, unforgiving these are the lights under

which the Roman tyrant has been transmitted to us. And the only

circumstance in which it can justly be pretended he was similar to

Charles, is his love of women, a passion which is too general to form

any striking resemblance, and which that detestable and detested monster

shared also with unnatural appetites.

The History of England in Three Volumes, Vol. I., Part F. From Charles II. to James II. · 第 8 / 11 章