INTRODUCTORY CHAPTER.

Introductory observations--First period, from Henry VII. to the year

1588--Second period, from 1588 to 1640--Meeting of Parliament--Redress of

grievances--Strafford's attainder--The commencement of the Civil

War--Treaty from the Isle of Wight--The king's execution--Cromwell's

power; his character--Indifference of the nation respecting forms of

government--The Restoration--Ministry of Clarendon sod

Southampton--Cabal--Dutch War--De Witt--The Prince of Orange--The Popish

plot--The Habeas Corpus Act--The Exclusion Bill--Dissolution of Charles

the Second's last Parliament--His power; his tyranny in Scotland; in

England--Exorbitant fines--Executions--Forfeitures of charters--Despotism

established--Despondency of good men--Charles's death; his

character--Reflections upon the probable consequences of his reign and

death.

In reading the history of every country there are certain periods at

which the mind naturally pauses to meditate upon, and consider them, with

reference, not only to their immediate effects, but to their more remote

consequences. After the wars of Marius and Sylla, and the incorporation,

as it were, of all Italy with the city of Rome, we cannot but stop to

consider the consequences likely to result from these important events;

and in this instance we find them to be just such as might have been

expected.

The reign of our Henry VII. affords a field of more doubtful speculation.

Every one who takes a retrospective view of the wars of York and

Lancaster, and attends to the regulations effected by the policy of that

prince, must see they would necessarily lead to great and important

changes in the government; but what the tendency of such changes would

be, and much more, in what manner they would be produced, might be a

question of great difficulty. It is now the generally received opinion,

and I think a probable opinion, that to the provisions of that reign we

are to refer the origin, both of the unlimited power of the Tudors and of

the liberties wrested by our ancestors from the Stuarts; that tyranny was

their immediate, and liberty their remote, consequence; but he must have

great confidence in his own sagacity who can satisfy himself that,

unaided by the knowledge of subsequent events, he could, from a

consideration of the causes, have foreseen the succession of effects so

different.

Another period that affords ample scope for speculation of this kind is

that which is comprised between the years 1588 and 1640, a period of

almost uninterrupted tranquillity and peace. The general improvement in

all arts of civil life, and, above all, the astonishing progress of

literature, are the most striking among the general features of that

period, and are in themselves causes sufficient to produce effects of the

utmost importance. A country whose language was enriched by the works of

Hooker, Raleigh, and Bacon, could not but experience a sensible change in

its manners and in its style of thinking; and even to speak the same

language in which Spenser and Shakespeare had written seemed a sufficient

plea to rescue the commons of England from the appellation of brutes,

with which Henry VIII. had addressed them. Among the more particular

effects of this general improvement the most material and worthy to be

considered appear to me to have been the frequency of debate in the House

of Commons, and the additional value that came to be set on a seat in

that assembly.

From these circumstances a sagacious observer may be led to expect the

most important revolutions; and from the latter he may be enabled to

foresee that the House of Commons will be the principal instrument in

bringing them to pass. But in what manner will that house conduct

itself? Will it content itself with its regular share of legislative

power, and with the influence which it cannot fail to possess whenever it

exerts itself upon the other branches of the legislative, and on the

executive power; or will it boldly (perhaps rashly) pretend to a power

commensurate with the natural rights of the representative of the people?

If it should, will it not be obliged to support its claims by military

force? And how long will such a force be under its control? How long

before it follows the usual course of all armies, and ranges itself under

a single master? If such a master should arise, will he establish an

hereditary or an elective government? If the first, what will be gained

but a change of dynasty? If the second, will not the military force, as

it chose the first king or protector (the name is of no importance),

choose in effect all his successors? Or will he fail, and shall we have

a restoration, usually the most dangerous and worst of all revolutions?

To some of these questions the answers may, from the experience of past

ages, be easy, but to many of them far otherwise. And he will read

history with most profit who the most canvasses questions of this nature,

especially if he can divest his mind for the time of the recollection of

the event as it in fact succeeded.

The next period, as it is that which immediately precedes the

commencement of this history, requires a more detailed examination; nor

is there any more fertile of matter, whether for reflection or

speculation. Between the year 1640 and the death of Charles II. we have

the opportunity of contemplating the state in almost every variety of

circumstance. Religious dispute, political contest in all its forms and

degrees, from the honest exertions of party and the corrupt intrigues of

faction to violence and civil war; despotism, first, in the person of a

usurper, and afterwards in that of an hereditary king; the most memorable

and salutary improvements in the laws, the most abandoned administration

of them; in fine, whatever can happen to a nation, whether of glorious of

calamitous, makes a part of this astonishing and instructive picture.

The commencement of this period is marked by exertions of the people,

through their representatives in the House of Commons, not only

justifiable in their principle, but directed to the properest objects,

and in a manner the most judicious. Many of their leaders were greatly

versed in ancient as well as modern learning, and were even

enthusiastically attached to the great names of antiquity; but they never

conceived the wild project of assimilating the government of England to

that of Athens, of Sparta, or of Rome. They were content with applying

to the English constitution, and to the English laws, the spirit of

liberty which had animated and rendered illustrious the ancient

republics. Their first object was to obtain redress of past grievances,

with a proper regard to the individuals who had suffered; the next, to

prevent the recurrence of such grievances by the abolition of tyrannical

tribunals acting upon arbitrary maxims in criminal proceedings, and most

improperly denominated courts of justice. They then proceeded to

establish that fundamental principle of all free government, the

preserving of the purse to the people and their representatives. And

though there may be more difference of opinion upon their proposed

regulations in regard to the militia, yet surely, when a contest was to

be foreseen, they could not, consistently with prudence, leave the power

of the sword altogether in the hands of an adverse party.

The prosecution of Lord Strafford, or rather, the manner in which it was

carried on, is less justifiable. He was, doubtless, a great delinquent,

and well deserved the severest punishment; but nothing short of a clearly

proved case of self-defence can justify, or even excuse, a departure from

the sacred rules of criminal justice. For it can rarely indeed happen

that the mischief to be apprehended from suffering any criminal, however

guilty, to escape, can be equal to that resulting from the violation of

those rules to which the innocent owe the security of all that is dear to

them. If such cases have existed they must have been in instances where

trial has been wholly out of the question, as in that of Caesar and other

tyrants; but when a man is once in a situation to be tried, and his

person in the power of his accusers and his judges, he can no longer be

formidable in that degree which alone can justify (if anything can) the

violation of the substantial rules of criminal proceedings.

At the breaking out of the Civil War, so intemperately denominated a

rebellion by Lord Clarendon and other Tory writers, the material question

appears to me to be, whether or not sufficient attempts were made by the

Parliament and their leaders to avoid bringing affairs to such a

decision? That, according to the general principles of morality, they

had justice on their side cannot fairly be doubted; but did they

sufficiently attend to that great dictum of Tully in questions of civil

dissension, wherein he declares his preference of even an unfair peace to

the most just war? Did they sufficiently weigh the dangers that might

ensue even from victory; dangers, in such cases, little less formidable

to the cause of liberty than those which might follow a defeat? Did they

consider that it is not peculiar to the followers of Pompey, and the

civil wars of Rome, that the event to be looked for is, as the same Tully

describes it, in case of defeat--proscription; in that of

victory--servitude? Is the failure of the negotiation when the king was

in the Isle of Wight to be imputed to the suspicions justly entertained

of his sincerity, or to the ambition of the parliamentary leaders? If

the insincerity of the king was the real cause, ought not the mischief to

be apprehended from his insincerity rather to have been guarded against

by treaty than alleged as a pretence for breaking off the negotiation?

Sad, indeed, will be the condition of the world if we are never to make

peace with an adverse party whose sincerity we have reason to suspect.

Even just grounds for such suspicions will but too often occur, and when

such fail, the proneness of man to impute evil qualities, as well as evil

designs, to his enemies, will suggest false ones. In the present case

the suspicion of insincerity was, it is true, so just, as to amount to a

moral certainty. The example of the petition of right was a satisfactory

proof that the king made no point of adhering to concessions which he

considered as extorted from him; and a philosophical historian, writing

above a century after the time, can deem the pretended hard usage Charles

met with as a sufficient excuse for his breaking his faith in the first

instance, much more must that prince himself, with all his prejudices and

notions of his divine right, have thought it justifiable to retract

concessions, which to him, no doubt, appeared far more unreasonable than

the petition of right, and which, with much more colour, he might

consider as extorted. These considerations were probably the cause why

the Parliament so long delayed their determination of accepting the

king's offer as a basis for treaty; but, unfortunately, they had delayed

so long that when at last they adopted it they found themselves without

power to carry it into execution. The army having now ceased to be the

servants, had become the masters of the Parliament, and, being entirely

influenced by Cromwell, gave a commencement to what may, properly

speaking, be called a new reign. The subsequent measures, therefore, the

execution of the king, as well as others, are not to be considered as

acts of the Parliament, but of Cromwell; and great and respectable as are

the names of some who sat in the high court, they must be regarded, in

this instance, rather as ministers of that usurper than as acting from

themselves.

The execution of the king, though a far less violent measure than that of

Lord Strafford, is an event of so singular a nature that we cannot wonder

that it should have excited more sensation than any other in the annals

of England. This exemplary act of substantial justice, as it has been

called by some, of enormous wickedness by others, must be considered in

two points of view. First, was it not in itself just and necessary?

Secondly, was the example of it likely to be salutary or pernicious? In

regard to the first of these questions, Mr. Hume, not perhaps

intentionally, makes the best justification of it by saying that while

Charles lived the projected republic could never be secure. But to

justify taking away the life of an individual upon the principle of self-

defence, the danger must be not problematical and remote, but evident and

immediate. The danger in this instance was not of such a nature, and the

imprisonment or even banishment of Charles might have given to the

republic such a degree of security as any government ought to be content

with. It must be confessed, however, on the other aide, that if the

republican government had suffered the king to escape, it would have been

an act of justice and generosity wholly unexampled; and to have granted

him even his life would have been one among the more rare efforts of

virtue. The short interval between the deposal and death of princes is

become proverbial, and though there may be some few examples on the other

side as far as life is concerned, I doubt whether a single instance can

be found where liberty has been granted to a deposed monarch. Among the

modes of destroying persons in such a situation, there can be little

doubt but that that adopted by Cromwell and his adherents is the least

dishonourable. Edward II., Richard II., Henry VI., Edward V., had none

of them long survived their deposal, but this was the first instance, in

our history at least, where, of such an act, it could be truly said that

it was not done in a corner.

As to the second question, whether the advantage to be derived from the

example was such as to justify an act of such violence, it appears to me

to be a complete solution of it to observe that, with respect to England

(and I know not upon what ground we are to set examples for other

nations; or, in other words, to take the criminal justice of the world

into our hands) it was wholly needless, and therefore unjustifiable, to

set one for kings at a time when it was intended the office of king

should be abolished, and consequently that no person should be in the

situation to make it the rule of his conduct. Besides, the miseries

attendant upon a deposed monarch seem to be sufficient to deter any

prince, who thinks of consequences, from running the risk of being placed

in such a situation; or, if death be the only evil that can deter him,

the fate of former tyrants deposed by their subjects would by no means

encourage him to hope he could avoid even that catastrophe. As far as we

can judge from the event, the example was certainly not very effectual,

since both the sons of Charles, though having their father's fate before

their eyes, yet feared not to violate the liberties of the people even

more than he had attempted to do.

If we consider this question of example in a more extended view, and look

to the general effect produced upon the minds of men, it cannot be

doubted but the opportunity thus given to Charles to display his firmness

and piety has created more respect for his memory than it could otherwise

have obtained. Respect and pity for the sufferer on the one hand, and

hatred to his enemies on the other, soon produce favour and aversion to

their respective causes; and thus, even though it should be admitted

(which is doubtful) that some advantage may have been gained to the cause

of liberty by the terror of the example operating upon the minds of

princes, such advantage is far outweighed by the zeal which admiration

for virtue, and pity for sufferings, the best passions of the human

heart, have excited in favour of the royal cause. It has been thought

dangerous to the morals of mankind, even in fiction and romance, to make

us sympathise with characters whose general conduct is blameable; but how

much greater must the effect be when in real history our feelings are

interested in favour of a monarch with whom, to say the least, his

subjects were obliged to contend in arms for their liberty? After all,

however, notwithstanding what the more reasonable part of mankind may

think upon this question, it is much to be doubted whether this singular

proceeding has not as much as any other circumstance, served to raise the

character of the English nation in the opinion of Europe in general. He

who has read, and still more, he who has heard in conversation

discussions upon this subject by foreigners, must have perceived that,

even in the minds of those who condemn the act, the impression made by it

has been far more that of respect and admiration than that of disgust and

horror. The truth is that the guilt of the action--that is to say, the

taking away of the life of the king, is what most men in the place of

Cromwell and his associates would have incurred; what there is of

splendour and of magnanimity in it, I mean the publicity and solemnity of

the act, is what few would be capable of displaying. It is a degrading

fact to human nature, that even the sending away of the Duke of

Gloucester was an instance of generosity almost unexampled in the history

of transactions of this nature.

From the execution of the king to the death of Cromwell, the government

was, with some variation of forms, in substance monarchical and absolute,

as a government established by a military force will almost invariably

be, especially when the exertions of such a force are continued for any

length of time. If to this general rule our own age, and a people whom

their origin and near relation to us would almost warrant us to call our

own nation, have afforded a splendid and perhaps a solitary exception, we

must reflect not only that a character of virtues so happily tempered by

one another, and so wholly unalloyed with any vices, as that of

Washington, is hardly to be found in the pages of history, but that even

Washington himself might not have been able to act his most glorious of

all parts without the existence of circumstances uncommonly favourable,

and almost peculiar to the country which was to be the theatre of it.

Virtue like his depends not indeed upon time or place; but although in no

country or time would he have degraded himself into a Pisistratus, or a

Caesar, or a Cromwell, he might have shared the fate of a Cato, or a De

Witt; or, like Ludlow and Sidney, have mourned in exile the lost

liberties of his country.

With the life of the protector almost immediately ended the government

which he had established. The great talents of this extraordinary person

had supported during his life a system condemned equally by reason and by

prejudice: by reason, as wanting freedom; by prejudice, as a usurpation;

and it must be confessed to be no mean testimony to his genius, that

notwithstanding the radical defects of such a system, the splendour of

his character and exploits render the era of the protectorship one of the

most brilliant in English history. It is true his conduct in foreign

concerns is set off to advantage by a comparison of it with that of those

who preceded and who followed him. If he made a mistake in espousing the

French interest instead of the Spanish, we should recollect that in

examining this question we must divest our minds entirely of all the

considerations which the subsequent relative state of those two empires

suggest to us before we can become impartial judges in it; and at any

rate we must allow his reign, in regard to European concerns, to have

been most glorious when contrasted with the pusillanimity of James I.,

with the levity of Charles I., and the mercenary meanness of the two last

princes of the house of Stuart. Upon the whole, the character of

Cromwell must ever stand high in the list of those who raised themselves

to supreme power by the force of their genius; and among such, even in

respect of moral virtue, it would be found to be one of the least

exceptionable if it had not been tainted with that most odious and

degrading of all human vices, hypocrisy.

The short interval between Cromwell's death and the restoration exhibits

the picture of a nation either so wearied with changes as not to feel, or

so subdued by military power as not to dare to show, any care or even

preference with regard to the form of their government. All was in the

army; and that army, by such a concurrence of fortuitous circumstances as

history teaches us not to be surprised at, had fallen into the hands of a

man than whom a baser could not be found in its lowest ranks. Personal

courage appears to have been Monk's only virtue; reserve and

dissimulation made up the whole stock of his wisdom. But to this man did

the nation look up, ready to receive from his orders the form of

government he should choose to prescribe. There is reason to believe

that, from the general bias of the Presbyterians, as well as of the

Cavaliers, monarchy was the prevalent wish; but it is observable that

although the Parliament was, contrary to the principle upon which it was

pretended to be called, composed of many avowed royalists, yet none dared

to hint at the restoration of the king till they had Monk's permission,

or rather command to receive and consider his letters. It is impossible,

in reviewing the whole of this transaction, not to remark that a general

who had gained his rank, reputation, and station in the service of a

republic, and of what he, as well as others, called, however falsely, the

cause of liberty, made no scruple to lay the nation prostrate at the feet

of a monarch, without a single provision in favour of that cause; and if

the promise of indemnity may seem to argue that there was some attention,

at least, paid to the safety of his associates in arms, his subsequent

conduct gives reason to suppose that even this provision was owing to any

other cause rather than to a generous feeling of his breast. For he

afterwards not only acquiesced in the insults so meanly put upon the

illustrious corpse of Blake, under whose auspices and command he had

performed the most creditable services of his life, but in the trial of

Argyle produced letters of friendship and confidence to take away the

life of a nobleman, the zeal and cordiality of whose co-operation with

him, proved by such documents, was the chief ground of his execution;

thus gratuitously surpassing in infamy those miserable wretches who, to

save their own lives, are sometimes persuaded to impeach and swear away

the lives of their accomplices.

The reign of Charles II. forms one of the most singular as well as of the

most important periods of history. It is the era of good laws and bad

government. The abolition of the court of wards, the repeal of the writ

De Heretico Comburendo, the Triennial Parliament Bill, the establishment

of the rights of the House of Commons in regard to impeachment, the

expiration of the Licence Act, and, above all, the glorious statute of

Habeas Corpus, have therefore induced a modern writer of great eminence

to fix the year 1679 as the period at which our constitution had arrived

at its greatest theoretical perfection; but he owns, in a short note upon

the passage alluded to, that the times immediately following were times

of great practical oppression. What a field for meditation does this

short observation from such a man furnish! What reflections does it not

suggest to a thinking mind upon the inefficacy of human laws and the

imperfection of human constitutions! We are called from the

contemplation of the progress of our constitution, and our attention

fixed with the most minute accuracy to a particular point, when it is

said to have risen to its utmost perfection. Here we are, then, at the

best moment of the best constitution that ever human wisdom framed. What

follows? A tide of oppression and misery, not arising from external or

accidental causes, such as war, pestilence, or famine, nor even from any

such alteration of the laws as might be supposed to impair this boasted

perfection, but from a corrupt and wicked administration, which all the

so much admired checks of the constitution were not able to prevent. How

vain, then, how idle, how presumptuous is the opinion that laws can do

everything! and how weak and pernicious the maxim founded upon it, that

measures, not men, are to be attended to.

The first years of this reign, under the administration of Southampton

and Clarendon, form by far the least exceptionable part of it; and even

in this period the executions of Argyle and Vane and the whole conduct of

the Government with respect to church matters, both in England and in

Scotland, were gross instances of tyranny. With respect to the execution

of those who were accused of having been more immediately concerned in

the king's death, that of Scrope, who had come in upon the proclamation,

and of the military officers who had attended the trial, was a violation

of every principle of law and justice. But the fate of the others,

though highly dishonourable to Monk, whose whole power had arisen from

his zeal in their service, and the favour and confidence with which they

had rewarded him, and not, perhaps, very creditable to the nation, of

which many had applauded, more had supported, and almost all had

acquiesced in the act, is not certainly to be imputed as a crime to the

king, or to those of his advisers who were of the Cavalier party. The

passion of revenge, though properly condemned both by philosophy and

religion, yet when it is excited by injurious treatment of persons justly

dear to us, is among the most excusable of human frailties; and if

Charles, in his general conduct, had shown stronger feelings of gratitude

for services performed to his father, his character, in the eyes of many,

would be rather raised than lowered by this example of severity against

the regicides. Clarendon is said to have been privy to the king's

receiving money from Louis XIV.; but what proofs exist of this charge

(for a heavy charge it is) I know not. Southampton was one of the very

few of the Royalist party who preserved any just regard for the liberties

of the people; and the disgust which a person possessed of such

sentiments must unavoidably feel is said to have determined him to quit

the king's service, and to retire altogether from public affairs. Whether

he would have acted upon this determination, his death, which happened in

the year 1667, prevents us now from ascertaining.

After the fall of Clarendon, which soon followed, the king entered into

that career of misgovernment which, that he was able to pursue it to its

end, is a disgrace to the history of our country. If anything can add to

our disgust at the meanness with which he solicited a dependence upon

Louis XIV., it is, the hypocritical pretence upon which he was

continually pressing that monarch. After having passed a law, making it

penal to affirm (what was true) that he was a papist, he pretended (which

was certainly not true) to be a zealous and bigoted papist; and the

uneasiness of his conscience at so long delaying a public avowal of his

conversion, was more than once urged by him as an argument to increase

the pension, and to accelerate the assistance, he was to receive from

France. In a later period of his reign, when his interest, as he

thought, lay the other way, that he might at once continue to earn his

wages, and yet put off a public conversion, he stated some scruples,

contracted, no doubt, by his affection to the Protestant churches, in

relation to the popish mode of giving the sacrament, and pretended a wish

that the pope might be induced by Louis to consider of some alterations

in that respect, to enable him to reconcile himself to the Roman church

with a clear and pure conscience.

The ministry known by the name of the Cabal seems to have consisted of

characters so unprincipled, as justly to deserve the severity with which

they have been treated by all writers who have mentioned them; but if it

is probable that they were ready to betray their king, as well as their

country, it is certain that the king betrayed them, keeping from them the

real state of his connexion with France, and from some of them, at least,

the secret of what he was pleased to call his religion. Whether this

concealment on his part arose from his habitual treachery, and from the

incapacity which men of that character feel of being open and honest,

even when they know it is their interest to be so, or from an

apprehension that they might demand for themselves some share of the

French money, which he was unwilling to give them, cannot now be

determined. But to the want of genuine and reciprocal confidence between

him and those ministers is to be attributed, in a great measure, the

escape which the nation at that time experienced--an escape, however,

which proved to be only a reprieve from that servitude to which they were

afterwards reduced in the latter years of the reign.

The first Dutch war had been undertaken against all maxims of policy as

well as of justice; but the superior infamy of the second, aggravated by

the disappointment of all the hopes entertained by good men from the

triple alliance, and by the treacherous attempt at piracy with which it

was commenced, seems to have effaced the impression of it, not only from

the minds of men living at the time, but from most of the writers who

have treated of this reign. The principle, however, of both was the

same, and arbitrary power at home was the object of both. The second

Dutch war rendered the king's system and views so apparent to all who

were not determined to shut their eyes against conviction, that it is

difficult to conceive how persons who had any real care or regard either

for the liberty or honour of the country, could trust him afterwards. And

yet even Sir William Temple, who appears to have been one of the most

honest, as well as of the most enlightened, statesmen of his time, could

not believe his treachery to be quite so deep as it was in fact, and

seems occasionally to have hoped that he was in earnest in his professed

intentions of following the wise and just system that was recommended to

him. Great instances of credulity and blindness in wise men are often

liable to the suspicion of being pretended, for the purpose of justifying

the continuing in situations of power and employment longer than strict

honour would allow. But to Temple's sincerity his subsequent conduct

gives abundant testimony. When he had reason to think that his services

could no longer be useful to his country he withdrew wholly from public

business, and resolutely adhered to the preference of philosophical

retirement, which, in his circumstances, was just, in spite of every

temptation which occurred to bring him back to the more active scene. The

remainder of his life he seems to have employed in the most noble

contemplations and the most elegant amusements; every enjoyment

heightened, no doubt, by reflecting on the honourable part he had acted

in public affairs, and without any regret on his own account (whatever he

might feel for his country) at having been driven from them.

Besides the important consequences produced by this second Dutch war in

England, it gave birth to two great events in Holland; the one as

favourable as the other was disastrous to the cause of general liberty.

The catastrophe of De Witt, the wisest, best, and most truly patriotic

minister that ever appeared upon the public stage, as it was an act of

the most crying injustice and ingratitude, so, likewise, is it the most

completely discouraging example that history affords to the lovers of

liberty. If Aristides was banished, he was also recalled; if Dion was

repaid for his services to the Syracusans by ingratitude, that

ingratitude was more than once repented of; if Sidney and Russell died

upon the scaffold, they had not the cruel mortification of falling by the

hands of the people; ample justice was done to their memory, and the very

sound of their names is still animating to every Englishman attached to

their glorious cause. But with De Witt fell also his cause and his

party; and although a name so respected by all who revere virtue and

wisdom, when employed in their noblest sphere, the political service of

the public, must undoubtedly be doubly dear to his countrymen, yet I do

not know that, even to this day, any public honours have been paid by

them to his memory.

On the other hand, the circumstances attending the first appearance of

the Prince of Orange in public affairs, were, in every respect, most

fortunate for himself, for England, for Europe. Of an age to receive the

strongest impressions, and of a character to render such impressions

durable, he entered the world in a moment when the calamitous situation

of the United Provinces could not but excite in every Dutchman the

strongest detestation of the insolent ambition of Louis XIV., and the

greatest contempt of an English government, which could so far mistake or

betray the interests of the country as to lend itself to his projects.

Accordingly, the circumstances attending his outset seem to have given a

lasting bias to his character; and through the whole course of his life

the prevailing sentiments of his mind seem to have been those which he

imbibed at this early period. These sentiments were most peculiarly

adapted to the positions in which this great man was destined to be

placed. The light in which he viewed Louis rendered him the fittest

champion of the independence of Europe; and in England, French influence

and arbitrary power were in those times so intimately connected, that he

who had not only seen with disapprobation, but had so sensibly felt the

baneful effects of Charles's connection with France, seemed educated, as

it were, to be the defender of English liberty. This prince's struggles

in defence of his country, his success in rescuing it from a situation to

all appearance so desperate, and the consequent failure and mortification

of Louis XIV., form a scene in history upon which the mind dwells with

unceasing delight. One never can read Louis's famous declaration against

the Hollanders, knowing the event which is to follow, without feeling the

heart dilate with exultation, and a kind of triumphant contempt, which,

though not quite consonant to the principles of pure philosophy, never

fails to give the mind inexpressible satisfaction. Did the relation of

such events form the sole, or even any considerable part of the

historian's task, pleasant indeed would be his labours; but, though far

less agreeable, it is not a less useful or necessary part of his

business, to relate the triumphs of successful wickedness, and the

oppression of truth, justice, and liberty.

The interval from the separate peace between England and the United

Provinces, to the peace of Nymwegen, was chiefly employed by Charles in

attempts to obtain money from France and other foreign powers, in which

he was sometimes more, sometimes less successful; and in various false

professions, promises, and other devices to deceive his parliament and

his people, in which he uniformly failed. Though neither the nature and

extent of his connection with France, nor his design of introducing

popery into England, were known at that time as they now are, yet there

were not wanting many indications of the king's disposition, and of the

general tendency of his designs. Reasonable persons apprehended that the

supplies asked were intended to be used, not for the specious purpose of

maintaining the balance of Europe, but for that of subduing the

parliament and people who should give them; and the great antipathy of

the bulk of the nation to popery caused many to be both more

clear-sighted in discovering, and more resolute in resisting the designs

of the court, than they would probably have shown themselves, if civil

liberty alone had been concerned.

When the minds of men were in the disposition which such a state of

things was naturally calculated to produce, it is not to be wondered at

that a ready, and, perhaps, a too facile belief should have been accorded

to the rumour of a popish plot. But with the largest possible allowance

for the just apprehensions which were entertained, and the consequent

irritation of the country, it is wholly inconceivable how such a plot as

that brought forward by Tongue and Oates could obtain any general belief.

Nor can any stretch of candour make us admit it to be probable, that all

who pretended a belief of it did seriously entertain it. On the other

hand, it seems an absurdity, equal almost in degree to the belief of the

plot itself, to suppose that it was a story fabricated by the Earl of

Shaftesbury and the other leaders of the Whig party; and it would be

highly unjust, as well as uncharitable, not to admit that the generality

of those who were engaged in the prosecution of it were probably sincere

in their belief of it, since it is unquestionable that at the time very

many persons, whose political prejudices were of a quite different

complexion, were under the same delusion. The unanimous votes of the two

houses of parliament, and the names, as well as the number of those who

pronounced Lord Strafford to be guilty, seem to put this beyond a doubt.

Dryden, writing soon after the time, says, in his "Absalom and

Achitophel," that the plot was

"Bad in itself, but represented wore:"

that

"Some truth there was, but dash'd and brew'd with lies:"

and that

"Succeeding times did equal folly call,

Believing nothing, or believing all."

and Dryden will not, by those who are conversant in the history and works

of that immortal writer, be suspected either of party prejudice in favour

of Shaftesbury and the Whigs, or of any view to prejudice the country

against the Duke of York's succession to the crown. The king repeatedly

declared his belief of it. These declarations, if sincere, would have

some weight; but if insincere, as may be reasonably suspected, they

afford a still stronger testimony to prove that such belief was not

exclusively a party opinion, since it cannot be supposed that even the

crooked politics of Charles could have led him to countenance fictions of

his enemies, which were not adopted by his own party. Wherefore, if this

question were to be decided upon the ground of authority, the reality of

the plot would be admitted; and it must be confessed, that, with regard

to facts remote, in respect either of time or place, wise men generally

diffide in their own judgment, and defer to that of those who have had a

nearer view of them. But there are cases where reason speaks so plainly

as to make all argument drawn from authority of no avail, and this is

surely one of them. Not to mention correspondence by post on the subject

of regicide, detailed commissions from the pope, silver bullets, &c. &c.,

and other circumstances equally ridiculous, we need only advert to the

part attributed to the Spanish government in this conspiracy, and to the

alleged intention of murdering the king, to satisfy ourselves that it was

a forgery.

Rapin, who argues the whole of this affair with a degree of weakness as

well as disingenuity very unusual to him, seems at last to offer us a

kind of compromise, and to be satisfied if we will admit that there was a

design or project to introduce popery and an arbitrary power, at the head

of which were the king and his brother. Of this I am as much convinced

as he can be; but how does this justify the prosecution and execution of

those who suffered, since few if any of them, were in a situation to be

trusted by the royal conspirators with their designs? When he says,

therefore, that that is precisely what was understood by the conspiracy,

he by no means justifies those who were the principal prosecutors of the

plot. The design to murder the king he calls the appendage of the plot:

a strange expression this, to describe the projected murder of a king;

though not more strange than the notion itself when applied to a plot,

the object of which was to render that very king absolute, and to

introduce the religion which he most favoured. But it is to be observed,

that though in considering the bill of exclusion, the militia bill, and

other legislative proceedings, the plot, as he defines it--that is to

say, the design of introducing popery and arbitrary power--was the

important point to be looked to; yet in courts of justice, and for juries

and judges, that which he calls the appendage was, generally speaking,

the sole consideration.

Although, therefore, upon a review of this truly shocking transaction, we

may be fairly justified in adopting the milder alternative, and in

imputing to the greater part of those concerned in it rather an

extraordinary degree of blind credulity than the deliberate wickedness of

planning and assisting in the perpetration of legal murders, yet the

proceedings on the popish plot must always be considered as an indelible

disgrace upon the English nation, in which king, parliament, judges,

juries, witnesses, prosecutors, have all their respective, though

certainly not equal, shares. Witnesses, of such a character as not to

deserve credit in the most trifling cause, upon the most immaterial

facts, gave evidence so incredible, or, to speak more properly, so

impossible to be true, that it ought not to have been believed if it had

come from the mouth of Cato; and upon such evidence, from such witnesses,

were innocent men condemned to death and executed. Prosecutors, whether

attorneys and solicitors-general, or managers of impeachment, acted with

the fury which in such circumstances might be expected; juries partook

naturally enough of the national ferment; and judges, whose duty it was

to guard them against such impressions, were scandalously active in

confirming them in their prejudices and inflaming their passions. The

king, who is supposed to have disbelieved the whole of the plot, never

once exercised his glorious prerogative of mercy. It is said he dared

not. His throne, perhaps his life, was at stake; and history does not

furnish us with the example of any monarch with whom the lives of

innocent or even meritorious subjects ever appeared to be of much weight,

when put in balance against such considerations.

The measures of the prevailing party in the House of Commons, in these

times, appear (with the exception of their dreadful proceedings in the

business of the pretended plot, and of their violence towards those who

petitioned and addressed against parliament) to have been, in general,

highly laudable and meritorious; and yet I am afraid it may be justly

suspected that it was precisely to that part of their conduct which

related to the plot, and which is most reprehensible, that they were

indebted for their power to make the noble, and, in some instances,

successful struggles for liberty, which do so much honour to their

memory. The danger to be apprehended from military force being always,

in the view of wise men, the most urgent, they first voted the disbanding

of the army, and the two houses passed a bill for that purpose, to which

the king found himself obliged to consent. But to the bill which

followed, for establishing the regular assembling of the militia, and for

providing for their being in arms six weeks in the year, he opposed his

royal negative; thus making his stand upon the same point on which his

father had done; a circumstance which, if events had taken a turn against

him, would not have failed of being much noticed by historians. Civil

securities for freedom came to be afterwards considered; and it is to be

remarked, that to these times of heat and passion, and to one of those

parliaments which so disgraced themselves and the nation by the

countenance given to Oates and Bedloe, and by the persecution of so many

innocent victims, we are indebted for the Habeas Corpus act, the most

important barrier against tyranny, and best framed protection for the

liberty of individuals, that has ever existed in any ancient or modern

commonwealth.

But the inefficacy of mere laws in favour of the subjects, in the case of

the administration of them falling into the hands of persons hostile to

the spirit in which they had been provided, had been so fatally evinced

by the general history of England, ever since the grant of the Great

Charter, and more especially by the transactions of the preceding reign,

that the parliament justly deemed their work incomplete unless the Duke

of York were excluded from the succession to the crown. A bill,

therefore, for the purpose of excluding that prince was prepared, and

passed the House of Commons; but being vigorously resisted by the court,

by the church, and by the Tories, was lost in the House of Lords. The

restrictions offered by the king to be put upon a popish successor are

supposed to have been among the most powerful of those means to which he

was indebted for his success.

The dispute was no longer, whether or not the dangers resulting from

James's succession were real, and such as ought to be guarded against by

parliamentary provisions, but whether the exclusion or restrictions

furnished the most safe and eligible mode of compassing the object which

both sides pretended to have in view. The argument upon this state of

the question is clearly, forcibly, and, I think, convincingly, stated by

Rapin, who exposes very ably the extreme folly of trusting to measures,

without consideration of the men who are to execute them. Even in Hume's

statement of the question, whatever may have been his intention, the

arguments in favour of the exclusion appear to me greatly to

preponderate. Indeed, it is not easy to conceive upon what principles

even the Tories could justify their support of the restrictions. Many

among them, no doubt, saw the provisions in the same light in which the

Whigs represented them, as an expedient, admirably, indeed, adapted to

the real object of upholding the present king's power, by the defeat of

the exclusion, but never likely to take effect for their pretended

purpose of controlling that of his successor, and supported them for that

very reason. But such a principle of conduct was too fraudulent to be

avowed; nor ought it, perhaps, in candour to be imputed to the majority

of the party. To those who acted with good faith, and meant that the

restrictions should really take place and be effectual, surely it ought

to have occurred (and to those who most prized the prerogatives of the

crown it ought most forcibly to have occurred), that in consenting to

curtail the powers of the crown, rather than to alter the succession,

they were adopting the greater in order to avoid the lesser evil. The

question of what are to be the powers of the crown, is surely of superior

importance to that of who shall wear it? Those, at least, who consider

the royal prerogative as vested in the king, not for his sake but for

that of his subjects, must consider the one of these questions as much

above the other in dignity as the rights of the public are more valuable

than those of an individual. In this view the prerogatives of the crown

are, in substance and effect, the rights of the people; and these rights

of the people were not to be sacrificed to the purpose of preserving the

succession to the most favoured prince much less to one who, on account

of his religious persuasion, was justly feared and suspected. In truth,

the question between the exclusion and restrictions seems peculiarly

calculated to ascertain the different views in which the different

parties in this country have seen, and perhaps ever will see, the

prerogatives of the crown. The Whigs, who consider them as a trust for

the people--a doctrine which the Tories themselves, when pushed in

argument, will sometimes admit--naturally think it their duty rather to

change the manager of the trust than to impair the subject of it; while

others, who consider them as the right or property of the king, will as

naturally act as they would do in the case of any other property, and

consent to the loss or annihilation of any part of it, for the purpose of

preserving the remainder to him whom they style the rightful owner. If

the people be the sovereign and the king the delegate, it is better to

change the bailiff than to injure the farm; but if the king be the

proprietor, it is better the farm should be impaired--nay, part of it

destroyed--than that the whole should pass over to an usurper. The royal

prerogative ought, according to the Whigs (not in the case of a popish

successor only, but in all cases), to be reduced to such powers as are in

their exercise beneficial to the people; and of the benefit of these they

will not rashly suffer the people to be deprived, whether the executive

power be in the hands of an hereditary or of an elected king, of a

regent, or of any other denomination of magistrate; while, on the other

hand, they who consider prerogative with reference only to royalty, will,

with equal readiness, consent either to the extension or the suspension

of its exercise, as the occasional interests of the prince may seem to

require. The senseless plea of a divine and indefeasible right in James,

which even the legislature was incompetent to set aside, though as

inconsistent with the declarations of parliament in the statute book, and

with the whole practice of the English constitution, as it is repugnant

to nature and common sense, was yet warmly insisted upon by the high

church party. Such an argument, as might naturally be expected, operated

rather to provoke the Whigs to perseverance than to dissuade them from

their measure: it was, in their eyes, an additional merit belonging to

the exclusion bill that it strengthened, by one instance more, the

authority of former statutes in reprobating a doctrine which seems to

imply that man can have a property in his fellow-creatures. By far the

best argument in favour of the restrictions, is the practical one that

they could be obtained, and that the exclusion could not; but the value

of this argument is chiefly proved by the event. The exclusionists had a

fair prospect of success, and their plan being clearly the best, they

were justified in pursuing it.

The spirit of resistance which the king showed in the instance of the

militia and the exclusion bills, seems to have been systematically

confined to those cases where he supposed his power to be more

immediately concerned. In the prosecution of the aged and innocent Lord

Stafford, he was so far from interfering in behalf of that nobleman, that

many of those most in his confidence, and, as it is affirmed, the Duchess

of Portsmouth herself, openly favoured the prosecution. Even after the

dissolution of him last parliament, when he had so far subdued his

enemies as to be no longer under any apprehensions from them, he did not

think it worth while to save the life of Plunket, the popish Archbishop

of Armagh, of whose innocence no doubt could be entertained. But this is

not to be wondered at, since, in all transactions relative to the popish

plot, minds of a very different cast from Charles's became, as by some

fatality, divested of all their wonted sentiments of justice and

humanity. Who can read without horror, the account of that savage murmur

of applause, which broke out upon one of the villains at the bar,

swearing positively to Stafford's having proposed the murder of the king?

And how is this horror deepened, when we reflect, that in that odious cry

were probably mingled the voices of men to whose memory every lover of

the English constitution is bound to pay the tribute of gratitude and

respect! Even after condemnation, Lord Russell himself, whose character

is wholly (this instance excepted) free from the stain of rancour or

cruelty, stickled for the severer mode of executing the sentence, in a

manner which his fear of the king's establishing a precedent of pardoning

in cases of impeachment (for this, no doubt, was his motive) cannot

satisfactorily excuse.

In an early period of the king's difficulties, Sir William Temple, whose

life and character is a refutation of the vulgar notion that philosophy

and practical good sense in business are incompatible attainments,

recommended to him the plan of governing by a council, which was to

consist in great part of the most popular noblemen and gentlemen in the

kingdom. Such persons being the natural, as well as the safest,

mediators between princes and discontented subjects, this seems to have

been the best possible expedient. Hume says it was found too feeble a

remedy; but he does not take notice that it was never in fact tried,

inasmuch as not only the king's confidence was withheld from the most

considerable members of the council, but even the most important

determinations were taken without consulting the council itself. Nor can

there be a doubt but the king's views, in adopting Temple's advice, were

totally different from those of the adviser, whose only error in this

transaction seems to have consisted in recommending a plan, wherein

confidence and fair dealing were of necessity to be principal

ingredients, to a prince whom he well knew to be incapable of either.

Accordingly, having appointed the council in April, with a promise of

being governed in important matters by their advice, he in July dissolved

one parliament without their concurrence, and in October forbade them

even to give their opinions upon the propriety of a resolution which he

had taken of proroguing another. From that time he probably considered

the council to be, as it was, virtually dissolved; and it was not long

before means presented themselves to him, better adapted, in his

estimation, even to his immediate objects, and certainly more suitable to

his general designs. The union between the court and the church party,

which had been so closely cemented by their successful resistance to the

Exclusion Bill, and its authors, had at length acquired such a degree of

strength and consistency, that the king ventured first to appoint Oxford,

instead of London, for the meeting of parliament; and then, having

secured to himself a good pension from France, to dissolve the parliament

there met, with a full resolution never to call another; to which

resolution, indeed, Louis had bound him, as one of the conditions on

which he was to receive a stipend. No measure was ever attended with

more complete success. The most flattering addresses poured in from all

parts of the kingdom; divine right, and indiscriminate obedience, were

everywhere the favourite doctrines; and men seemed to vie with each other

who should have the honour of the greatest share in the glorious work of

slavery, by securing to the king, for the present, and after him to the

duke, absolute and uncontrollable power. They who, either because

Charles had been called a forgiving prince by his flatterers (upon what

ground I could never discover), or from some supposed connection between

indolence and good nature, had deceived themselves into a hope that his

tyranny would be of the milder sort, found themselves much disappointed

in their expectations.

The whole history of the remaining part of his reign exhibits an

uninterrupted series of attacks upon the liberty, property, and lives of

his subjects. The character of the government appeared first, and with

the most marked and prominent features, in Scotland. The condemnation of

Argyle and Weir, the one for having subjoined an explanation when he took

the test oath, the other for having kept company with a rebel, whom it

was not proved he knew to be such, and who had never been proclaimed,

resemble more the acts of Tiberius and Domitian, than those of even the

most arbitrary modern governments. It is true, the sentences were not

executed; Weir was reprieved; and whether or not Argyle, if he had not

deemed it more prudent to escape by flight, would have experienced the

same clemency, cannot now be ascertained. The terror of these examples

would have been, in the judgment of most men, abundantly sufficient to

teach the people of Scotland their duty, and to satisfy them that their

lives, as well as everything else they had been used to call their own,

were now completely in the power of their masters. But the government

did not stop here, and having outlawed thousands, upon the same pretence

upon which Weir had been condemned, inflicted capital punishment upon

such criminals of both sexes as refused to answer, or answered otherwise

than was prescribed to them to the most ensnaring questions.

In England, the city of London seemed to hold out for a certain time,

like a strong fortress in a conquered country; and, by means of this

citadel, Shaftesbury and others were saved from the vengeance of the

court. But this resistance, however honourable to the corporation who

made it, could not be of long duration. The weapons of law and justice

were found feeble, when opposed to the power of a monarch who was at the

head of a numerous and bigoted party of the nation, and who, which was

most material of all, had enabled himself to govern without a parliament.

Civil resistance in this country, even to the most illegal attacks of

royal tyranny, has never, I believe, been successful, unless when

supported by parliament, or at least by a great party in one or other of

the two houses. The court having wrested from the livery of London,

partly by corruption, and partly by violence, the free election of their

mayor and sheriffs, did not wait the accomplishment of their plan for the

destruction of the whole corporation, which, from their first success,

they justly deemed certain, but immediately proceeded to put in execution

their system of oppression. Pilkington, Colt, and Oates, were fined a

hundred thousand pounds each for having spoken disrespectfully of the

Duke of York; Barnardiston, ten thousand, for having in a private letter

expressed sentiments deemed improper; and Sidney, Russell, and Armstrong,

found that the just and mild principles which characterise the criminal

law of England could no longer protect their lives, when the sacrifice

was called for by the policy or vengeance of the king. To give an

account of all the oppression of this period would be to enumerate every

arrest, every trial, every sentence, that took place in questions between

the crown and the subjects.

Of the Rye House plot it may be said, much more truly than of the popish,

that there was in it some truth, mixed with much falsehood; and though

many of the circumstances in Kealing's account are nearly as absurd and

ridiculous as those in Oates's, it seems probable that there was among

some of those accused a notion of assassinating the king; but whether

this notion was over ripened into what may be called a design, and, much

more, whether it were ever evinced by such an overt act as the law

requires for conviction, is very doubtful. In regard to the conspirators

of higher ranks, from whom all suspicion of participation in the intended

assassination has been long since done away, there is unquestionably

reason to believe that they had often met and consulted, as well for the

purpose of ascertaining the means they actually possessed as for that of

devising others for delivering their country from the dreadful servitude

into which it had fallen; and thus far their conduct appears clearly to

have been laudable. If they went further, and did anything which could

be fairly construed into an actual conspiracy to levy war against the

king, they acted, considering the disposition of the nation at that

period, very indiscreetly. But whether their proceedings had ever gone

this length, is far from certain. Monmouth's communications with the

king, when we reflect upon all the circumstances of those communications,

deserve not the smallest attention; nor indeed, if they did, does the

letter which he afterwards withdrew prove anything upon this point. And

it is an outrage to common-sense to call Lord Grey's narrative written,

as he himself states in his letter to James II., while the question of

his pardon was pending, an authentic account. That which is most certain

in this affair is, that they had committed no overt act, indicating the

imagining of the king's death, even according to the most strained

construction of the statute of Edward III.; much less was any such act

legally proved against them. And the conspiring to levy war was not

treason, except by a recent statute of Charles II., the prosecutions upon

which were expressly limited to a certain time, which in these cases had

elapsed so that it is impossible not to assent to the opinion of those

who have ever stigmatised the condemnation and execution of Russell as a

most flagrant violation of law and justice.

The proceedings in Sidney's case were still more detestable. The

production of papers, containing speculative opinions upon government and

liberty, written long before, and perhaps never even intended to be

published, together with the use made of those papers, in considering

them as a substitute for the second witness to the overt act, exhibited

such a compound of wickedness and nonsense as is hardly to be paralleled

in the history of juridical tyranny. But the validity of pretences was

little attended to at that time, in the case of a person whom the court

had devoted to destruction, and upon evidence such as has been stated was

this great and excellent man condemned to die. Pardon was not to be

expected. Mr. Hume says, that such an interference on the part of the

king, though it might have been an act of heroic generosity, could not be

regarded as an indispensable duty. He might have said with more

propriety, that it was idle to expect that the government, after having

incurred so much guilt in order to obtain the sentence, should, by

remitting it, relinquish the object just when it was within its grasp.

The same historian considers the jury as highly blamable, and so do I;

but what was their guilt in comparison of that of the court who tried,

and of the government who prosecuted, in this infamous cause? Yet the

jury, being the only party that can with any colour be stated as acting

independently of the government, is the only one mentioned by him as

blamable. The prosecutor is wholly omitted in his censure, and so is the

court; this last, not from any tenderness for the judge (who, to do this

author justice, is no favourite with him), but lest the odious connection

between that branch of the judicature and the government should strike

the reader too forcibly; for Jeffreys, in this instance, ought to be

regarded as the mere tool and instrument (a fit one, no doubt), of the

prince who had appointed him for the purpose of this and similar

services. Lastly, the king is gravely introduced on the question of

pardon, as if he had had no prior concern in the cause, and were now to

decide upon the propriety of extending mercy to a criminal condemned by a

court of judicature; nor are we once reminded what that judicature was,

by whom appointed, by whom influenced, by whom called upon, to receive

that detestable evidence, the very recollection of which, even at this

distance of time, fires every honest heart with indignation. As well

might we palliate the murders of Tiberius, who seldom put to death his

victims without a previous decree of his senate. The moral of all this

seems to be, that whenever a prince can, by intimidation, corruption,

illegal evidence, or other such means, obtain a verdict against a subject

whom he dislikes, he may cause him to be executed without any breach of

indispensable duty; nay, that it is an act of heroic generosity if he

spares him. I never reflect on Mr. Hume's statement of this matter but

with the deepest regret. Widely as I differ from him upon many other

occasions, this appears to me to be the most reprehensible passage of his

whole work. A spirit of adulation towards deceased princes, though in a

good measure free from the imputation of interested meanness, which is

justly attached to flattery when applied to living monarchs, yet, as it

is less intelligible with respect to its motives than the other, so is it

in its consequences still more pernicious to the general interests of

mankind. Fear of censure from contemporaries will seldom have much

effect upon men in situations of unlimited authority: they will too often

flatter themselves that the same power which enables them to commit the

crime will secure them from reproach. The dread of posthumous infamy,

therefore, being the only restraint, their consciences excepted, upon the

passions of such persons, it is lamentable that this last defence (feeble

enough at best) should in any degree be impaired; and impaired it must

be, if not totally destroyed, when tyrants can hope to find in a man like

Hume, no less eminent for the integrity and benevolence of his heart than

for the depth and soundness of his understanding, an apologist for even

their foulest murders.

Thus fell Russell and Sidney, two names that will, it is hoped, be for

ever dear to every English heart. When their memory shall cease to be an

object of respect and veneration, it requires no spirit of prophecy to

foretell that English liberty will be fast approaching to its final

consummation. Their department was such as might be expected from men

who knew themselves to be suffering, not for their crimes, but for their

virtues. In courage they were equal, but the fortitude of Russell, who

was connected with the world by private and domestic ties, which Sidney

had not, was put to the severer trial; and the story of the last days of

this excellent man's life fills the mind with such a mixture of

tenderness and admiration, that I know not any scene in history that more

powerfully excites our sympathy, or goes more directly to the heart.

The very day on which Russell was executed, the University of Oxford

passed their famous decree, condemning formally, as impious and heretical

propositions, every principle upon which the constitution of this or any

other free country can maintain itself. Nor was this learned body

satisfied with stigmatising such principles as contrary to the Holy

Scriptures, to the decrees of councils, to the writings of the fathers,

to the faith and profession of the primitive church, as destructive of

the kingly government, the safety of his majesty's person, the public

peace, the laws of nature, and bounds of human society; but after

enumerating the several obnoxious propositions, among which was one

declaring all civil authority derived from the people; another, asserting

a mutual contract, tacit or express, between the king and his subjects; a

third, maintaining the lawfulness of changing the succession to the

crown; with many others of a like nature, they solemnly decreed all and

every of those propositions to be not only false and seditious, but

impious, and that the books which contained them were fitted to lead to

rebellion, murder of princes, and atheism itself. Such are the

absurdities which men are not ashamed to utter in order to cast odious

imputations upon their adversaries; and such the manner in which

churchmen will abuse, when it suits their policy, the holy name of that

religion whose first precept is to love one another, for the purpose of

teaching us to hate our neighbours with more than ordinary rancour. If

_Much Ado about Nothing_ had been published in those days, the

town-clerk's declaration, that receiving a thousand ducats for accusing

the Lady Hero wrongfully, was flat burglary, might be supposed to be a

satire upon this decree; yet Shakespeare, well as he knew human nature,

not only as to its general course, but in all its eccentric deviations,

could never dream that, in the persons of Dogberry, Verges, and their

followers, he was representing the vice-chancellors and doctors of our

learned university.

Among the oppressions of this period, most of which were attended with

consequences so much more important to the several objects of

persecution, it may seem scarcely worth while to notice the expulsion of

John Locke from Christ Church College, Oxford. But besides the interest

which every incident in the life of a person so deservedly eminent

naturally excites, there appears to have been something in the

transaction itself characteristic of the spirit of the times, as well as

of the general nature of absolute power. Mr. Locke was known to have

been intimately connected with Lord Shaftesbury, and had very prudently

judged it advisable for him to prolong for some time his residence upon

the Continent, to which he had resorted originally on account of his

health. A suspicion, as it has been since proved unfounded, that he was

the author of a pamphlet which gave offence to the government, induced

the king to insist upon his removal from his studentship at Christ

Church. Sunderland writes, by the king's command, to Dr. Fell, bishop of

Oxford and dean of Christ Church. The reverend prelate answers that he

has long had an eye upon Mr. Locke's behaviour; but though frequent

attempts had been made (attempts of which the bishop expresses no

disapprobation), to draw him into imprudent conversation, by attacking,

in his company, the reputation, and insulting the memory of his late

patron and friend, and thus to make his gratitude and all the best

feelings of his heart instrumental to his ruin, these attempts all proved

unsuccessful. Hence the bishop infers, not the innocence of Mr. Locke,

but that he was a great master of concealment both as to words and looks;

for looks, it is to be supposed, would have furnished a pretext for his

expulsion, more decent than any which had yet been discovered. An

expedient is then suggested to drive Mr. Locke to a dilemma, by summoning

him to attend the college on the first of January ensuing. If he do not

appear, he shall be expelled for contumacy; if he come, matter of charge

may be found against him for what he shall have said at London or

elsewhere, where he will have been less upon his guard than at Oxford.

Some have ascribed Fell's hesitation, if it can be so called, in

executing the king's order, to his unwillingness to injure Locke, who was

his friend; others, with more reason, to the doubt of the legality of the

order. However this may have been, neither his scruple nor his

reluctance was regarded by a court who knew its own power. A peremptory

order was accordingly sent, and immediate obedience ensued. Thus, while

without the shadow of a crime, Mr. Locke lost a situation attended with

some emolument and great convenience, was the university deprived of, or

rather thus, from the base principles of servility, did she cast away the

man, the having produced whom is now her chiefest glory; and thus, to

those who are not determined to be blind, did the true nature of absolute

power discover itself, against which the middling station is not more

secure than the most exalted. Tyranny, when glutted with the blood of

the great, and the plunder of the rich, will condescend to bent humbler

game, and make a peaceable and innocent fellow of a college the object of

its persecution. In this instance one would almost imagine there was

some instinctive sagacity in the government of that time, which pointed

out to them, even before he had made himself known to the world, the man

who was destined to be the most successful adversary of superstition and

tyranny.

The king, during the remainder of his reign, seems, with the exception of

Armstrong's execution, which must be added to the catalogue of his

murders, to have directed his attacks more against the civil rights,

properties, and liberties, than against the lives of his subjects.

Convictions against evidence, sentences against law, enormous fines,

cruel imprisonments, were the principal engines employed for the purpose

of breaking the spirit of individuals, and fitting their necks for the

yoke. But it was not thought fit to trust wholly to the effect which

such examples would produce upon the public. That the subjugation of the

people might be complete, and despotism be established upon the most

solid foundation, measures of a more general nature and effect were

adopted; and first, the charter of London, and then those of almost all

the other corporations in England, were either forfeited or forced to a

surrender. By this act of violence two important points were thought to

be gained; one, that in every regular assemblage of the people in any

part of the kingdom the crown would have a commanding influence; the

other, that in case the king should find himself compelled to break his

engagement to France, and to call a parliament, a great majority of

members would be returned by electors of his nomination, and subject to

his control. In the affair of the charter of London, it was seen, as in

the case of ship-money, how idle it is to look to the integrity of judges

for a barrier against royal encroachments, when the courts of justice are

not under the constant and vigilant control of parliament. And it is not

to be wondered at, that, after such a warning, and with no hope of seeing

a parliament assemble, even they who still retained their attachment to

the true constitution of their country, should rather give way to the

torrent than make a fruitless and dangerous resistance.

Charles being thus completely master, was determined that the relative

situation of him and his subjects should be clearly understood, for which

purpose he ordered a declaration to be framed, wherein, after having

stated that he considered the degree of confidence they had reposed in

him as an honour particular to his reign, which not one of his

predecessors had ever dared even to hope for, he assured them he would

use it with all possible moderation, and convince even the most violent

republicans, that as the crown was the origin of the rights and liberties

of the people, so was it their most certain and secure support. This

gracious declaration was ready for the press at the time of the king's

death, and if he had lived to issue it, there can be little doubt how it

would have been received at a time when

"nunquam libertas gratior extat

Quam sub rege pio,"

was the theme of every song, and, by the help of some perversion of

Scripture, the text of every sermon. But whatever might be the language

of flatterers, and how loud soever the cry of a triumphant, but deluded

party, there were not wanting men of nobler sentiments and of more

rational views. Minds once thoroughly imbued with the love of what

Sidney, in his last moments, so emphatically called the good old cause,

will not easily relinquish their principles: nor was the manner in which

absolute power was exercised, such as to reconcile to it, in practice,

those who had always been averse to it in speculation. The hatred of

tyranny must, in such persons, have been exasperated by the experience of

its effects, and their attachment to liberty proportionably confirmed. To

them the state of their country must have been intolerable: to reflect

upon the efforts of their fathers, once their pride and glory, and whom

they themselves had followed with no unequal steps, and to see the result

of all in the scenes that now presented themselves, must have filled

their minds with sensations of the deepest regret, and feelings bordering

at least on despondency. To us, who have the opportunity of combining in

our view of this period, not only the preceding but subsequent

transactions, the consideration of it may suggest reflections far

different and speculations more consolatory. Indeed, I know not that

history can furnish a more forcible lesson against despondency, than by

recording that within a short time from those dismal days in which men of

the greatest constancy despaired, and had reason to do so, within five

years from the death of Sidney arose the brightest era of freedom known

to the annals of our country.

It is said that the king, when at the summit of his power, was far from

happy; and a notion has been generally entertained that not long before

his death he had resolved upon the recall of Monmouth, and a

correspondent change of system. That some such change was apprehended

seems extremely probable, from the earnest desire which the court of

France, as well as the Duke of York's party in England, entertained, in

the last years of Charles's life, to remove the Marquis of Halifax, who

was supposed to have friendly dispositions to Monmouth. Among the

various objections to that nobleman's political principles, we find the

charge most relied upon, for the purpose of injuring him in the mind of

the king, was founded on the opinion he had delivered in council, in

favour of modelling the charters of the British colonies in North America

upon the principles of the rights and privileges of Englishmen. There

was no room to doubt (he was accused of saying) that the same laws under

which we live in England, should be established in a country composed of

Englishmen. He even dilated upon this, and omitted none of the reasons

by which it can be proved that an absolute government is neither so happy

nor so safe as that which is tempered by laws, and which limits the

authority of the prince. He exaggerated, it was said, the mischiefs of a

sovereign power, and declared plainly that he could not make up his mind

to live under a king who should have it in his power to take, when he

pleased, the money he might have in his pocket. All the other ministers

had combated, as might be expected, sentiments so extraordinary; and

without entering into the general question of the comparative value of

different forms of government, maintained that his majesty could and

ought to govern countries so distant in the manner that should appear to

him most suitable for preserving or augmenting the strength and riches of

the mother country. It had been, therefore, resolved that the government

and council of the provinces under the new charter should not be obliged

to call assemblies of the colonists for the purpose of imposing taxes, or

making other important regulations, but should do what they thought fit,

without rendering any account of their actions except to his Britannic

Majesty. The affair having been so decided with a concurrence only short

of unanimity, was no longer considered as a matter of importance, nor

would it be worth recording, if the Duke of York and the French court had

not fastened upon it, as affording the best evidence of the danger to be

apprehended from having a man of Halifax's principles in any situation of

trust or power. There is something curious in discovering that even at

this early period a question relative to North American liberty, and even

to North American taxation, was considered as the test of principles

friendly or adverse to arbitrary power at home. But the truth is, that

among the several controversies which have arisen there is no other

wherein the natural rights of man on the one hand, and the authority of

artificial institution on the other, as applied respectively by the Whigs

and Tories to the English constitution, are so fairly put in issue, nor

by which the line of separation between the two parties is so strongly

and distinctly marked.

There is some reason for believing that the court of Versailles had

either wholly discontinued, or, at least, had become very remiss in, the

payments of Charles's pension; and it is not unlikely that this

consideration induced him either really to think of calling a parliament,

or at least to threaten Louis with such a measure, in order to make that

prince more punctual in performing his part of their secret treaty. But

whether or not any secret change was really intended, or if it were to

what extent, and to what objects directed, are points which cannot now be

ascertained, no public steps having ever been taken in this affair, and

his majesty's intentions, if in truth he had any such, becoming abortive

by the sudden illness which seized him on the 1st of February, 1685, and

which, in a few days afterwards, put an end to his reign and life. His

death was by many supposed to have been the effect of poison; but

although there is reason to believe that this suspicion was harboured by

persons very near to him, and, among others, as I have heard, by the

Duchess of Portsmouth, it appears, upon the whole, to rest upon very

slender foundations.

With respect to the character of this prince, upon the delineation of

which so much pains have been employed, by the various writers who treat

of the history of his time, it must be confessed that the facts which

have been noticed in the foregoing pages furnish but too many

illustrations of the more unfavourable parts of it. From these we may

collect that his ambition was directed solely against his subjects, while

he was completely indifferent concerning the figure which he or they

might make in the general affairs of Europe; and that his desire of power

was more unmixed with love of glory than that of any other man whom

history has recorded; that he was unprincipled, ungrateful, mean, and

treacherous, to which may be added, vindictive and remorseless. For

Burnet, in refusing to him the praise of clemency and forgiveness, seems

to be perfectly justifiable, nor is it conceivable upon what pretence his

partisans have taken this ground of panegyric. I doubt whether a single

instance can be produced of his having spared the life of any one whom

motives either of policy, or of revenge, prompted him to destroy. To

allege that of Monmouth as it would be an affront to human nature, so

would it likewise imply the most severe of all satires against the

monarch himself, and we may add, too, an undeserved one; for, in order to

consider it as an act of meritorious forbearance on his part, that he did

not follow the example of Constantine and Philip II., by imbruing his

hands in the blood of his son, we must first suppose him to have been

wholly void of every natural affection, which does not appear to have

been the case. His declaration that he would have pardoned Essex, being

made when that nobleman was dead, and not followed by any act evincing

its sincerity, can surely obtain no credit from men of sense. If he had

really had the intention, he ought not to have made such a declaration,

unless he accompanied it with some mark of kindness to the relations, or

with some act of mercy to the friends of the deceased. Considering it as

a mere piece of hypocrisy, we cannot help looking upon it as one of the

most odious passages of his life. This ill-timed boast of his intended

mercy, and the brutal taunt with which he accompanied his mitigation (if

so it may be called) of Russell's sentence, show his insensibility and

hardness to have been such, that in questions where right feelings were

concerned, his good sense, and even the good taste for which he has been

so much extolled, seemed wholly to desert him.

On the other hand, it would be want of candour to maintain that Charles

was entirely destitute of good qualities; nor was the propriety of

Burnet's comparison between him and Tiberius ever felt, I imagine, by any

one but its author. He was gay and affable, and, if incapable of the

sentiments belonging to pride of a laudable sort, he was at least free

from haughtiness and insolence. The praise of politeness, which the

stoics are not perhaps wrong in classing among the moral virtues,

provided they admit it to be one of the lowest order, has never been

denied him, and he had in an eminent degree that facility of temper

which, though considered by some moralists as nearly allied to vice, yet,

inasmuch as it contributes greatly to the happiness of those around us,

is in itself not only an engaging but an estimable quality. His support

of the queen during the heats raised by the popish plot ought to be taken

rather as a proof that he was not a monster than to be ascribed to him as

a merit; but his steadiness to his brother, though it may and ought, in a

great measure, to be accounted for upon selfish principles, had at least

a strong resemblance to virtue.

The best part of this prince's character seems to have been his kindness

towards his mistresses, and his affection for his children, and others

nearly connected to him by the ties of blood. His recommendation of the

Duchess of Portsmouth and Mrs. Gwyn, upon his death-bed, to his successor

is much to his honour; and they who censure it seem, in their zeal to

show themselves strict moralists, to have suffered their notions of vice

and virtue to have fallen into strange confusion. Charles's connection

with those ladies might be vicious, but at a moment when that connection

was upon the point of being finally and irrevocably dissolved, to concern

himself about their future welfare and to recommend them to his brother

with earnest tenderness was virtue. It is not for the interest of

morality that the good and evil actions, even of bad men, should be

confounded. His affection for the Duke of Gloucester and for the Duchess

of Orleans seems to have been sincere and cordial. To attribute, as some

have done, his grief for the loss of the first to political

considerations, founded upon an intended balance of power between his two

brothers, would be an absurd refinement, whatever were his general

disposition; but when we reflect upon that carelessness which, especially

in his youth, was a conspicuous feature of his character, the absurdity

becomes still more striking. And though Burnet more covertly, and Ludlow

more openly, insinuate that his fondness for his sister was of a criminal

nature, I never could find that there was any ground whatever for such a

suspicion; nor does the little that remains of their epistolary

correspondence give it the smallest countenance. Upon the whole, Charles

II. was a bad man and a bad king; let us not palliate his crimes, but

neither let us adopt false or doubtful imputations for the purpose of

making him a monster.

Whoever reviews the interesting period which we have been discussing,

upon the principle recommended in the outset of this chapter, will find

that, from the consideration of the past, to prognosticate the future

would at the moment of Charles's demise be no easy task. Between two

persons, one of whom should expect that the country would remain sunk in

slavery, the other, that the cause of freedom would revive and triumph,

it would be difficult to decide whose reasons were better supported,

whose speculations the more probable. I should guess that he who

desponded had looked more at the state of the public, while he who was

sanguine had fixed his eyes more attentively upon the person who was

about to mount the throne. Upon reviewing the two great parties of the

nation, one observation occurs very forcibly, and that is, that the great

strength of the Whigs consisted in their being able to brand their

adversaries as favourers of popery; that of the Tories (as far as their

strength depended upon opinion, and not merely upon the power of the

crown), in their finding colour to represent the Whigs as republicans.

From this observation we may draw a further inference, that, in

proportion to the rashness of the crown in avowing and pressing forward

the cause of popery, and to the moderation and steadiness of the Whigs in

adhering to the form of monarchy, would be the chance of the people of

England for changing an ignominious despotism for glory, liberty, and

happiness.

A History of the Early Part of the Reign of James the Second · 第 4 / 8 题