[556] Stillingfleet's _Irenicum_; King's _Inquiry into the

Constitution of the Primitive Church_. The former work was published

at this time, with a view to moderate the pretensions of the Anglican

party, to which the author belonged, by showing: 1. That there are no

sufficient data for determining with certainty the form of

church-government in the apostolical age, or that which immediately

followed it. 2. That, as far as we may probably conjecture, the

primitive church was framed on the model of the synagogue; that is, a

synod of priests in every congregation having one of their own number

for a chief or president. 3. That there is no reason to consider any

part of the apostolical discipline as an invariable model for future

ages, and that much of our own ecclesiastical polity cannot any way

pretend to primitive authority. 4. That this has been the opinion of

all the most eminent theologians at home and abroad. 5. That it would

be expedient to introduce various modifications, not on the whole much

different from the scheme of Usher. Stillingfleet, whose work is a

remarkable instance of extensive learning and mature judgment at the

age of about twenty-three, thought fit afterwards to retract it in a

certain degree; and towards the latter part of his life, gave into

more high-church politics. It is true that the _Irenicum_ must have

been composed with almost unparalleled rapidity for such a work; but

it shows, as far as I can judge, no marks of precipitancy. The

biographical writers put its publication in 1659; but this must be a

mistake; no one can avoid perceiving that it could not have passed the

press on the 24th of March 1660, the latest day which could, according

to the old style, have admitted the date of 1659, as it contains

allusions to the king's restoration.

[557] Baxter's _Life_; Neal.

[558] They addressed the king to call such divines as he should think

fit, to advise with concerning matters of religion. July 20, 1660.

Journals and _Parl. Hist._

[559] _Parl. Hist._; Neal, Baxter, Collier, etc. Burnet says that

Clarendon had made the king publish this declaration; "but the bishops

did not approve of this; and, after the service they did that lord in

the Duke of York's marriage, he would not put any hardship on those

who had so signally obliged him." This is very invidious. I know no

evidence that the declaration was published at Clarendon's suggestion,

except indeed that he was the great adviser of the Crown; yet in some

things, especially of this nature, the king seems to have acted

without his concurrence. He certainly speaks of the declaration as if

he did not wholly relish it (_Life_, 75), and does not state it

fairly. In _State Trials_, vi. 11, it is said to have been drawn up by

Morley and Henchman for the church, Reynolds and Calamy for the

dissenters; if they disagreed, Lords Anglesea and Hollis to decide.

[560] The chief objection made by the presbyterians, as far as we

learn from Baxter, was, that the consent of presbyters to the bishops'

acts was not promised by the declaration, but only their advice; a

distinction apparently not very material in practice, but bearing

perhaps on the great point of controversy, whether the difference

between the two were in order or in degree. The king would not come

into the scheme of consent; though they pressed him with a passage out

of the _Icon Basilike_, where his father allowed of it. _Life of

Baxter_, 276. Some alterations, however, were made in consequence of

their suggestions.

[561] _Parl. Hist._ 141, 152. Clarendon, 76, most strangely observes

on this: "Some of the leaders brought a bill into the house for the

making that declaration a law, which was suitable to their other acts

of ingenuity to keep the church for ever under the same indulgence and

without any settlement; which being quickly perceived, there was no

further progress in it." The bill was brought in by Sir Matthew Hale.

[562] Collier, who of course thinks this declaration an encroachment

on the church, as well as on the legislative power, says, "For this

reason it was overlooked at the assizes and sessions in several places

in the country, where the dissenting ministers were indicted for not

conforming pursuant to the laws in force." P. 876. Neal confirms this,

586, and Kennet's _Register_, 374.

[563] _Life of Clarendon_, 74. A plausible and somewhat dangerous

attack had been made on the authority of this parliament from an

opposite quarter, in a pamphlet written by one Drake, under the name

of Thomas Philips, entitled "The Long Parliament Revived," and

intended to prove that by the act of the late king, providing that

they should not be dissolved but by the concurrence of the whole

legislature, they were still in existence; and that the king's demise,

which legally puts an end to a parliament, could not affect one that

was declared permanent by so direct an enactment. This argument seems

by no means inconsiderable; but the times were not such as to admit of

technical reasoning. The convention parliament, after questioning

Drake, finally sent up articles of impeachment against him; but the

Lords, after hearing him in his defence, when he confessed his fault,

left him to be prosecuted by the attorney-general. Nothing more,

probably, took place. _Parl. Hist._ 145, 157. This was in November and

December 1660: but Drake's book seems still to have been in

considerable circulation; at least I have two editions of it, both

bearing the date of 1661. The argument it contains is purely legal;

but the aim must have been to serve the presbyterian or

parliamentarian cause.

[564] Complaints of insults on the presbyterian clergy were made to

the late parliament. _Parl. Hist._ 160. The Anglicans inveighed

grossly against them on the score of their past conduct,

notwithstanding the act of indemnity. Kennet's _Register_, 616. See,

as a specimen, South's sermons, _passim_.

[565] Journals, 17th of May 1661. The previous question was moved on

this vote, but lost by 228 to 103; Morice, the secretary of state,

being one of the tellers for the minority. Monk, I believe, to whom

Morice owed his elevation, did what he could to prevent violent

measures against the presbyterians. Alderman Love was suspended from

sitting in the house July 3, for not having taken the sacrament. I

suppose that he afterwards conformed; for he became an active member

of the opposition.

[566] Journals, June 14, etc.; _Parl. Hist._ 209; _Life of Clarendon_,

71; Burnet, 230. A bill discharging the loyalists from all interest

exceeding three per cent. on debts contracted before the wars passed

the Commons; but was dropped in the other house. The great discontent

of this party at the indemnity continued to show itself in subsequent

sessions. Clarendon mentions, with much censure, that many private

bills passed about 1662, annulling conveyances of lands made during

the troubles. Pp. 162, 163. One remarkable instance ought to be

noticed, as having been greatly misrepresented. At the Earl of Derby's

seat of Knowsley in Lancashire a tablet is placed to commemorate the

ingratitude of Charles II. in having refused the royal assent to a

bill which had passed both houses for restoring the son of the Earl of

Derby, who had lost his life in the royal cause, to his family estate.

This has been so often reprinted by tourists and novelists, that it

passes currently for a just reproach on the king's memory. It was,

however, in fact one of his most honourable actions. The truth is,

that the cavalier faction carried through parliament a bill to make

void the conveyances of some manors which Lord Derby had voluntarily

sold before the restoration, in the very face of the act of indemnity,

and against all law and justice. Clarendon, who, together with some

very respectable peers, had protested against this measure in the

upper house, thought it his duty to recommend the king to refuse his

assent. Lords' Journals, Feb. 6 and May 14, 1662. There is so much to

blame in both the minister and his master, that it is but fair to give

them credit for that which the pardonable prejudices of the family

interested have led it to mis-state.

[567] Commons' Journals, 1st July 1661. A division took place,

November 26, on a motion to lay this bill aside, in consideration of

the king's proclamation, which was lost by 124 to 109: Lord Cornbury

(Clarendon's son) being a teller for the Noes. The bill was sent up to

the Lords Jan. 27, 1662. See also _Parl. Hist._ 217, 225. Some of

their proceedings trespassed upon the executive power, and infringed

the prerogative they laboured to exalt. But long interruption of the

due course of the constitution had made its boundaries indistinct.

Thus, in the convention parliament, the bodies of Cromwell, Bradshaw,

Ireton, and others, were ordered, Dec 4, on the motion of Colonel

Titus, to be disinterred, and hanged on a gibbet. The Lords concurred

in this order; but the mode of address to the king would have been

more regular. _Parl. Hist._ 151.

[568] 3 Inst. 7. This appears to have been held in Bagot's case, 9

Edw. 4. See also Higden's _View of the English Constitution_, 1709.

[569] Foster, in his _Discourse on High Treason_, evidently intimates

that he thought the conviction of Vane unjustifiable.

[570] "The relation that has been made to me of Sir H. Vane's carriage

yesterday in the Hall is the occasion of this letter, which, if I am

rightly informed, was so insolent, as to justify all he had done;

acknowledging no supreme power in England but a parliament, and many

things to that purpose. You have had a true account of all; and if he

has given new occasion to be hanged, certainly he is too dangerous a

man to let live, if we can honestly put him out of the way. Think of

this, and give me some account of it to-morrow, till when I have no

more to say to you. C." Indorsed in Lord Clarendon's hand, "The king,

June 7, 1662." Vane was beheaded June 14. Burnet (note in Oxford

edition), p. 164; Harris's _Lives_, v. 32.

[571] Vane gave up the profits of his place as treasurer of the navy,

which, according to his patent, would have amounted to £30,000 per

ann. if we may rely on Harris's _Life of Cromwell_, p. 260.

[572] 13 Car. 2, c. 1 and 6. A bill for settling the militia had been

much opposed in the convention parliament, as tending to bring in

martial law. _Parl. Hist._ iv. 145. It seems to have dropped.

[573] C. 1.

[574] C. 2. The only opposition made to this was in the House of Lords

by the Earl of Bristol and some of the Roman catholic party, who

thought the bishops would not be brought into a toleration of their

religion. _Life of Clarendon_, p. 138.

[575] C. 5.

[576] 13 Car. 2, sess. 2, c. i. This bill did not pass without a

strong opposition in the Commons. It was carried at last by 182 to 77

(Journals, July 5); but, on a previous division for its commitment the

numbers were 135 to 136. June 20. Prynne was afterwards reprimanded by

the speaker for publishing a pamphlet against this act (July 15); but

his courage had now forsaken him; and he made a submissive apology,

though the censure was pronounced in a very harsh manner.

[577] Journals, 3rd April 1662; 10th March 1663.

[578] _Parl. Hist._ 289. Clarendon speaks very unjustly of the

triennial act, forgetting that he had himself concurred in it. P. 221.

[579] 16 Car. 2, c. 1. We find by the Journals that some divisions

took place during the passage of this bill, and though, as far as

appears, on subordinate points, yet probably springing from an

opposition to its principle. March 28, 1664. There was by this time a

regular party formed against the court.

[580] P. 383.

[581] Lords' Journals, 23rd and 24th Jan. 1662.

[582] 12th Feb.

[583] 19th March 1663.

[584] 13 Car. 2, c. 12.

[585] Clarendon, in his _Life_, p. 149, says, that the king "had

received the presbyterian ministers with grace; and did believe that

he should work upon them by persuasions, having been well acquainted

with their common arguments by the conversation he had had in

Scotland, and _was very able to confute them_." This is one of the

strange absurdities into which Clarendon's prejudices hurry him in

almost every page of his writings, and more especially in this

continuation of his _Life_. Charles, as his minister well knew, could

not read a common Latin book (_Clarendon State Papers_, iii. 567), and

had no manner of acquaintance with theological learning, unless the

popular argument in favour of popery is so to be called; yet he was

very able to confute men who had passed their lives in study, on a

subject involving a considerable knowledge of Scripture and the early

writers in their original languages.

[586] Clarendon admits that this could not have been done till the

former parliament was dissolved. 97. This means, of course, on the

supposition that the king's word was to be broken. "The malignity

towards the church," he says, "seemed increasing, and to be greater

than at the coming in of the king." Pepys, in his _Diary_, has several

sharp remarks on the misconduct and unpopularity of the bishops,

though himself an episcopalian even before the restoration. "The

clergy are so high that all people I meet with do protest against

their practice." August 31, 1660. "I am convinced in my judgment, that

the present clergy will never heartily go down with the generality of

the commons of England; they have been so used to liberty and freedom,

and they are so acquainted with the pride and debauchery of the

present clergy. He [Mr. Blackburn, a nonconformist] did give me many

stories of the affronts which the clergy receive in all parts of

England from the gentry and ordinary persons of the parish." November

9, 1663. The opposite party had recourse to the old weapons of pious

fraud. I have a tract containing twenty-seven instances of remarkable

judgments, all between June 1660, and April 1661, which befell divers

persons for reading the common prayer or reviling godly ministers.

This is entitled _Annus Mirabilis_; and, besides the above

twenty-seven, attests so many prodigies, that the name is by no means

misapplied. The bishops made large fortunes by filling up leases.

Burnet, 260. And Clarendon admits them to have been too rapacious,

though he tries to extenuate. P. 48.

[587] The fullest account of this conference, and of all that passed

as to the comprehension of the presbyterians, is to be read in Baxter,

whom Neal has abridged. Some allowance must, of course, be made for

the resentment of Baxter; but his known integrity makes it impossible

to discredit the main part of his narration. Nor is it necessary to

rest on the evidence of those who may be supposed to have the

prejudices of dissenters. For Bishop Burnet admits that all the

concern which seemed to employ the prelates' minds, was not only to

make an alteration on the presbyterians' account, but to straiten the

terms of conformity far more than before the war. Those, however, who

would see what can be said by writers of high-church principles, may

consult Kennet's _History of Charles II._ p. 252, or Collier, p. 878.

One little anecdote may serve to display the spirit with which the

Anglicans came to the conference. Upon Baxter's saying that their

proceedings would alienate a great part of the _nation_, Stearne,

Bishop of Carlisle, observed to his associates: "He will not say

_kingdom_, lest he should acknowledge a king." Baxter, p. 338. This

was a very malignant reflection on a man who was well known never to

have been of the republican party. It is true that Baxter seems to

have thought, in 1659, that Richard Cromwell would have served the

turn better than Charles Stuart; and, as a presbyterian, he thought

very rightly. See p. 207, and part iii. p. 71. But, preaching before

the parliament, April 30, 1660, he said it was none of our differences

whether we should be loyal to our king; on that all were agreed. P.

217.

[588] _Life of Clarendon_, 147. He observes that the alterations made

did not reduce one of the opposite party to the obedience of the

church. Now, in the first place, he could not know this; and, in the

next, he conceals from the reader that, on the whole matter, the

changes made in the liturgy were more likely to disgust than to

conciliate. Thus the puritans having always objected to the number of

saints' days, the bishops added a few more; and the former having

given very plausible reasons against the apocryphal lessons in the

daily service, the others inserted the legend of Bel and the Dragon,

for no other purpose than to show contempt of their scruples. The

alterations may be seen in Rennet's _Register_, 585. The most

important was the restoration of a rubric inserted in the communion

service under Edward VI., but left out by Elizabeth, declaring against

any corporal presence in the Lord's supper. This gave offence to some

of those who had adopted that opinion, especially the Duke of York,

and perhaps tended to complete his alienation from the Anglican

church. Burnet, i. 183.

[589] 13 and 14 Car. 2, c. iv. § 3.

[590] _Life of Clarendon_, 152; Burnet, 256. Morley, afterwards Bishop

of Winchester, was engaged just before the restoration in negotiating

with the presbyterians. They stuck out for the negative voice of the

council of presbyters, and for the validity of their ordinations.

_Clar. State Papers_, 727. He had two schemes to get over the

difficulty; one to pass them over _sub silentio_; the other, a

hypothetical re-ordination, on the supposition that something might

have been wanting before, as the church of Rome practises about

re-baptization. The former is a curious expedient for those who

pretended to think presbyterian ordinations really null. _Id._ 738.

[591] The day fixed upon suggested a comparison which, though severe,

was obvious. A modern writer has observed on this, "They were careful

not to remember that the same day, and for the same reason, because

the tithes were commonly due at Michaelmas, had been appointed for the

former ejectment, when four times as many of the loyal clergy were

deprived for fidelity to their sovereign." Southey's _Hist. of the

Church_, ii. 467. That the day was chosen in order to deprive the

incumbent of a whole year's tithes, Mr. Southey has learned from

Burnet; and it aggravates the cruelty of the proceeding--but where has

he found his precedent? The Anglican clergy were ejected for refusing

the covenant at no one definite period, as, on recollection, Mr. S.

would be aware; nor can I find any one parliamentary ordinance in

Husband's Collection that mentions St. Bartholomew's day. There was a

precedent indeed in that case, which the government of Charles did not

choose to follow. One-fifth of the income had been reserved for the

dispossessed incumbents.

[592] Journals, April 26. This may perhaps have given rise to a

mistake we find in Neal, 624, that the act of uniformity only passed

by 186 to 180. There was no division at all upon the bill except that

I have mentioned.

[593] The report of the conference (Lords' Journals, 7th May) is

altogether rather curious.

[594] Lords' Journals, 25th and 27th July 1663; Ralph, 58.

[595] Neal, 625-636. Baxter told Burnet, as the latter says (p. 185),

that not above 300 would have resigned, had the terms of the king's

declaration been adhered to. The blame, he goes on, fell chiefly on

Sheldon. But Clarendon was charged with entertaining the presbyterians

with good words, while he was giving way to the bishops. See also p.

268. Baxter puts the number of the deprived at 1800. _Life_, 384. And

it has generally been reckoned about 2000; though Burnet says it has

been much controverted. If indeed we can rely on Calamy's account of

the ejected ministers, abridged by Palmer under the title of _The

Nonconformist's Memorial_, the number must have been full 2400.

Kennet, however (_Register_, 807), notices great mistakes of Calamy in

respect only to one diocese, that of Peterborough. Probably both in

this collection, and in that of Walker on the other side, as in all

martyrologies, there are abundant errors; but enough will remain to

afford memorable examples of conscientious suffering; and we cannot

read without indignation Rennet's endeavours, in the conclusion of

this volume, to extenuate the praise of the deprived presbyterians by

captious and unfair arguments.

[596] See Clarendon's feeble attempt to vindicate the king from the

charge of breach of faith. 157.

[597] A list of these, published in 1660, contains more than 170

names. Neal, 590.

[598] Sir Kenelm Digby was supposed to be deep in a scheme that the

catholics, in 1649, should support the commonwealth with all their

power, in return for liberty of religion. Carte's _Letters_, i. 216

_et post_. We find a letter from him to Cromwell in 1656 (Thurloe, iv.

591) with great protestations of duty.

[599] See Lords' Journals, June and July 1661, or extracts from them

in Kennet's _Register_, 469, etc., 620, etc., and 798, where are

several other particulars worthy of notice. Clarendon, 143, explains

the failure of this attempt at a partial toleration (for it was only

meant as to the exercise of religious rites in private houses) by the

persevering opposition of the Jesuits to the oath of allegiance, to

which the lay catholics, and generally the secular priests, had long

ceased to make objection. The house had voted that the indulgence

should not extend to Jesuits, and that they would not alter the oaths

of allegiance or supremacy. The Jesuits complained of the distinction

taken against them; and asserted, in a printed tract (Kennet, _ubi

supra_), that since 1616 they had been inhibited by their superiors

from maintaining the pope's right to depose sovereigns. See also

Butler's _Mem. of Catholics_, ii. 27; iv. 142; and Burnet, i. 194.

[600] The suspicions against Charles were very strong in England

before the restoration, so as to alarm his emissaries: "Your master,"

Mordaunt writes to Ormond, Nov. 10, 1659, "is utterly ruined as to his

interest here in whatever party, if this be true." Carte's _Letters_,

ii. 264, and _Clar. State Papers_, iii. 602. But an anecdote related

in Carte's _Life of Ormond_, ii. 255, and Harris's _Lives_, v. 54,

which has obtained some credit, proves, if true, that he had embraced

the Roman catholic religion as early as 1659, so as even to attend

mass. This cannot be reckoned out of question; but the tendency of the

king's mind before his return to England is to be inferred from all

his behaviour. Kennet (_Complete Hist. of Eng._ iii. 237) plainly

insinuates that the project for restoring popery began at the treaty

of the Pyrenees; and see his _Register_, p. 852.

[601] 13 Car. 2, c. 1.

[602] Burnet, i. 179.

[603] _Life of Clarendon_, 159. He intimates that this begot a

coldness in the bishops towards himself, which was never fully

removed. Yet he had no reason to complain of them on his trial. See,

too, Pepys's _Diary_, Sept. 3, 1662.

[604] _Parl. Hist._ 257.

[605] Baxter intimates (429) that some disagreement arose between the

presbyterians and independents as to the toleration of popery, or

rather, as he puts it, as to the active concurrence of the protestant

dissenters in accepting such a toleration as should include popery.

The latter, conformably to their general principles, were favourable

to it; but the former would not make themselves parties to any

relaxation of the penal laws against the church of Rome, leaving the

king to act as he thought fit. By this stiffness it is very probable

that they provoked a good deal of persecution from the court, which

they might have avoided by falling into its views of a general

indulgence.

[606] _Parl. Hist._ 260. An adjournment had been moved, and lost by

161 to 119. Journals, 25 Feb.

[607] 19 Feb. Baxter, p. 429.

[608] Journals, 17 and 28 March 1663; _Parl. Hist._ 264. Burnet, 274,

says the declaration of indulgence was usually ascribed to Bristol,

but in fact proceeded from the king, and that the opposition to it in

the house was chiefly made by the friends of Clarendon. The latter

tells us in his _Life_, 189, that the king was displeased at the

insolence of the Romish party, and gave the judges general orders to

convict recusants. The minister and historian either was, or pretended

to be, his master's dupe; and, if he had any suspicions of what was

meant as to religion (as he must surely have had), is far too loyal to

hint them. Yet the one circumstance he mentions soon after, that the

Countess of Castlemaine suddenly declared herself a catholic, was

enough to open his eyes and those of the world.

The Romish partisans assumed the tone of high loyalty, as exclusively

characteristic of their religion; but affected, at this time, to use

great civility towards the church of England. A book, entitled

_Philanax Anglicus_, published under the name of Bellamy, the second

edition of which is in 1663, after a most flattering dedication to

Sheldon, launches into virulent abuse of the presbyterians and of the

reformation in general, as founded on principles adverse to monarchy.

This indeed was common with the ultra or high-church party; but the

work in question, though it purports to be written by a clergyman, is

manifestly a shaft from the concealed bow of the Roman Apollo.

[609] See proofs of this in Ralph, 53; Rapin, p. 78. There was in 1663

a trifling insurrection in Yorkshire, which the government wished to

have been more serious, so as to afford a better pretext for strong

measures; as may be collected from a passage in a letter of Bennet to

the Duke of Ormond, where he says, "The country was in a greater

readiness to prevent the disorders than perhaps were to be wished; but

it being the effect of their own care, rather than his majesty's

commands, it is the less to be censured." Clarendon, 218, speaks of

this as an important and extensive conspiracy; and the king dwelt on

it in his next speech to the parliament. _Parl. Hist._ 289.

[610] 16 Car. 2, c. 4. A similar bill had passed the Commons in July

1663, but hung some time in the upper house, and was much debated; the

Commons sent up a message (an irregular practice of those times) to

request their lordships would expedite this and some other bills. The

king seems to have been displeased at this delay; for he told them at

their prorogation, that he had expected some bills against

conventicles and distempers in religion, as well as the growth of

popery, and should himself present some at their next meeting. _Parl.

Hist._ 288. Burnet observes, that to empower a justice of peace to

convict without a jury, was thought a great breach on the principles

of the English constitution. 285.

[611] P. 221.

[612] 17 Car. 2, c. 2.

[613] Burnet; Baxter, Part III. p. 2; Neal, p. 652.

[614] Burnet: Baxter.

[615] Mr. Locke, in the "Letter from a Person of Quality to his Friend

in the Country," printed in 1675 (see it in his works, or in

_Parliamentary History_, vol. iv. Appendix, No. 5), says it was lost

by three votes, and mentions the persons. But the numbers in the

Journals, October 27, 1665, appear to be 57 to 51. Probably he meant

that those persons might have been expected to vote the other way.

[616] A pamphlet, with Baxter's name subscribed, called "Fair Warning,

or XXV Reasons against Toleration and Indulgence of Popery," 1663, is

a pleasant specimen of this _argumentum ab inferno_. "Being there is

but one safe way to salvation, do you think that the protestant way is

that way, or is it not? If it be not, why do you live in it? If it be,

how can you find in your heart to give your subjects liberty to go

another way? Can you, in your conscience, give them leave to go on in

that course in which, in your conscience, you think you could not be

saved?" Baxter, however, does not mention this little book in his

life; nor does he there speak violently about the toleration of

Romanists.

[617] The clergy had petitioned the House of Commons in 1664, _inter

alia_, "That for the better observation of the Lord's day, and for the

promoting of conformity, you would be pleased to advance the pecuniary

mulct of twelve pence for each absence from divine service, in

proportion to the degree, quality, and ability of the delinquent; that

so the penalty may be of force sufficient to conquer the obstinacy of

the nonconformists." Wilkin's _Concilia_, iv. 580. Letters from

Sheldon to the commissary of the diocese of Canterbury, in 1669 and

1670, occur in the same collection (pp. 588, 589) directing him to

inquire about conventicles; and if they cannot be restrained by

ecclesiastical authority, to apply to the next justice of peace in

order to put them down. A proclamation appears also from the king,

enjoining magistrates to do this. In 1673, the archbishop writes a

circular to his suffragans, directing them to proceed against such as

keep schools without licence. P. 593.

See in the _Somers Tracts_, vii. 586, a "true and faithful narrative"

of the severities practised against nonconformists about this time.

Baxter's _Life_ is also full of proofs of persecution; but the most

complete register is in Calamy's account of the ejected clergy.

[618] Pepys observes, 12 July 1667, "how everybody nowadays reflect

upon Oliver and commend him, what brave things he did, and made all

the neighbour princes fear him."

[619] The _Mémoires de Grammont_ are known to everybody; and are

almost unique in their kind, not only for the grace of their style and

the vivacity of their pictures, but for the happy ignorance in which

the author seems to have lived, that any one of his readers could

imagine that there are such things as virtue and principle in the

world. In the delirium of thoughtless voluptuousness they resemble

some of the memoirs about the end of Louis XV.'s reign, and somewhat

later; though I think, even in these, there is generally some effort,

here and there, at moral censure, or some affectation of sensibility.

_They_, indeed, have always an awful moral; and in the light portraits

of the court of Versailles (such, sometimes, as we might otherwise

almost blush to peruse) we have before us the handwriting on the wall,

the winter whirlwind hushed in its grim repose, and expecting its

prey, the vengeance of an oppressed people and long-forbearing Deity.

No such retribution fell on the courtiers of Charles II.; but they

earned in their own age, what has descended to posterity, though

possibly very indifferent to themselves, the disgust and aversion of

all that was respectable among mankind.

[620] This was carried on a division by 172 to 102. Journals, 25

November 1665. It was to be raised "in a regulated subsidiary way,

reducing the same to a certainty in all counties, so as no person, for

his real or personal estate, be exempted." They seem to have had some

difficulty in raising this enormous subsidy. _Parliamentary History_,

305.

[621] 17 Car. II. c. 1. The same clause is repeated next year, and has

become regular.

[622] _Life of Clarendon_, p. 315; Hatsell's _Precedents_, iii. 80.

[623] _Life of Clarendon_, p. 368. Burnet observes it was looked upon

at the time as a great innovation. P. 335.

[624] Pepys's _Diary_ has lately furnished some things worthy to be

extracted. "Mr. W. and I by water to Whitehall, and there at Sir

George Carteret's lodgings Sir William Coventry met; and we did debate

the whole business of our accounts to the parliament; where it appears

to us that the charge of the war from Sept. 1, 1664, to this

Michaelmas will have been but £3,200,000, and we have paid in that

time somewhat about £2,200,000, so that we owe about £900,000; but our

method of accounting, though it cannot, I believe, be far wide from

the mark, yet will not abide a strict examination, if the parliament

should be troublesome. Here happened a pretty question of Sir William

Coventry, whether this account of ours will not put my lord treasurer

to a difficulty to tell what is become of all the money the parliament

have given in this time for the war, which hath amounted to about

£4,000,000, which nobody there could answer; but I perceive they did

doubt what his answer could be." Sept. 23, 1666.--The money granted

the king for the war he afterwards (Oct. 10) reckons at £5,590,000,

and the debt £900,000. The charge stated only at £3,200,000. "So what

is become of all this sum, £2,390,000!" He mentions afterwards (Oct.

8) the proviso in the poll-tax bill, that there shall be a committee

of nine persons to have the inspection on oath of all the accounts of

the money given and spent for the war, "which makes the king and court

mad; the king having given order to my lord chamberlain to send to the

play-houses and brothels, to bid all the parliament men that were

there to go to the parliament presently; but it was carried against

the court by thirty or forty voices." It was thought, he says (Dec.

12) that above £400,000 had gone into the privy purse since the war.

[625] _Life of Clarendon_, p. 392.

[626] 19 and 20 Car. II. c. 1. Burnet, p. 374. They reported

unaccounted balances of £1,509,161, besides much that was questionable

in the payments. But, according to Ralph, p. 177, the commissioners

had acted with more technical rigour than equity, surcharging the

accountants for all sums not expended since the war began, though

actually expended for the purposes of preparation.

[627] Burnet, p. 130. Southampton left all the business of the

treasury, according to Burnet, p. 131, in the hands of Sir Philip

Warwick, "a weak but incorrupt man." The king, he says, chose to put

up with his contradiction rather than make him popular by dismissing

him. But in fact, as we see by Clarendon's instance, the king retained

his ministers long after he was displeased with them. Southampton's

remissness and slowness, notwithstanding his integrity, Pepys says,

was the cause of undoing the nation as much as anything; "yet, if I

knew all the difficulties he has lain under, and his instrument Sir

Philip Warwick, I might be of another mind." May 16, 1667.--He was

willing to have done something, Clarendon tells us (p. 415) to gratify

the presbyterians; on which account, the bishops thought him not

enough affected to the church. His friend endeavours to extenuate this

heinous sin of tolerant principles.

[628] The behaviour of Lord Clarendon on this occasion was so

extraordinary, that no credit could have been given to any other

account than his own. The Duke of York, he says, informed the king of

the affection and friendship that had long been between him and the

young lady; that they had been long contracted, and that she was with

child; and therefore requested his majesty's leave that he might

publicly marry her. The Marquis of Ormond by the king's order

communicated this to the chancellor, who "broke out into an immoderate

passion against the wickedness of his daughter; and said, with all

imaginable earnestness, that as soon as he came home, he would turn

her out of his house as a strumpet to shift for herself, and would

never see her again. They told him that his passion was too violent to

administer good counsel to him; that they thought that the duke was

married to his daughter, and that there were other measures to be

taken than those which the disorder he was in had suggested to him.

Whereupon he fell into new commotions; and said, If that were true, he

was well prepared to advise what was to be done; that he had much

rather his daughter should be the duke's whore than his wife: in the

former case, nobody could blame him for the resolution he had taken,

for he was not obliged to keep a whore for the greatest prince alive;

and the indignity to himself he would submit to the good pleasure of

God. But, if there were any reason to suspect the other, he was ready

to give a positive judgment, in which he hoped their lordships would

concur with him, that the king should immediately cause the woman _to

be sent to the Tower and cast into a dungeon_, under so strict a guard

that no person living should be admitted to come to her; and then that

_an act of parliament should be immediately passed for cutting off her

head, to which he would not only give his consent, but would very

willingly be the first man that should propose it_. And whoever knew

the man, will believe that he said all this very heartily." Lord

Southampton, he proceeds to inform us, on the king's entering the room

at the time, said very naturally, that the chancellor was mad, and had

proposed such extravagant things that he was no more to be consulted

with. This, however, did not bring him to his senses; for he repeated

his strange proposal of "sending her presently to the Tower, and the

rest;" imploring the king to take this course, as the only expedient

that could free him from the evils that this business would otherwise

bring upon him.

That any man of sane intellects should fall into such an extravagance

of passion, is sufficiently wonderful; that he should sit down in cool

blood several years afterwards to relate it, is still more so; and

perhaps we shall carry our candour to an excess, if we do not set down

the whole scene to overacted hypocrisy. Charles II., we may be very

sure, could see it in no other light. And here I must take notice, by

the way, of the singular observation the worthy editor of Burnet has

made: "King Charles's conduct in this business was excellent

throughout; that of Clarendon _worthy an ancient Roman_." We have

indeed a Roman precedent for subduing the sentiments of nature rather

than permitting a daughter to incur disgrace through the passions of

the great; but I think Virginius would not quite have understood the

feelings of Clarendon. Such virtue was more like what Montesquieu

calls "l'héroïsme de l'esclavage," and was just fit for the court of

Gondar. But with all this violence that he records of himself, he

deviates greatly from the truth: "The king (he says) afterwards spoke

every day about it, and told the chancellor that he must behave

himself wisely, for that the thing was remediless, and that his

majesty knew that they were married; which would quickly appear to all

men who knew that nothing could be done upon it. In this time the

chancellor had conferred with his daughter, without anything of

indulgence, and not only discovered that they were unquestionably

married, but _by whom, and who were present at it, who would be ready

to avow it_; which pleased him not, though it diverted him from using

some of that rigour which he intended. And he saw no other remedy

could be applied but that which he had proposed to the king, who

thought of nothing like it." _Life of Clarendon_, 29 _et post_.

Every one would conclude from this, that a marriage had been

solemnised if not before their arrival in England, yet before the

chancellor had this conference with his daughter. It appears, however,

from the Duke of York's declaration in the books of the privy council,

quoted by Ralph, p. 40, that he was contracted to Ann Hyde on the 24th

of November 1659, at Breda; and after that time lived with her as his

wife, though very secretly; he married her 3rd Sept. 1660, according

to the English ritual, Lord Ossory giving her away. The first child

was born Oct. 22, 1660. Now whether the contract were sufficient to

constitute a valid marriage, will depend on two things; first, upon

the law existing at Breda; secondly, upon the applicability of what is

commonly called the rule of the _lex loci_, to a marriage between such

persons according to the received notions of English lawyers in that

age. But, even admitting all this, it is still manifest that

Clarendon's expressions point to an actual celebration, and are

consequently intended to mislead the reader. Certain it is, that at

the time the contract seems to have been reckoned only an honorary

obligation. James tells us himself (Macpherson's _Extracts_, p. 17)

that he promised to marry her; and "though when he asked the king for

his leave, he refused and dissuaded him from it, yet at last he

opposed it no more, and the duke married her privately, and owned it

some time after." His biographer, writing from his own manuscript,

adds, "it may well be supposed that my lord chancellor did his part,

but with great caution and circumspection, to soften the king in that

matter which in every respect seemed so much for his own advantage."

_Life of James_, 387. And Pepys inserts in his diary, Feb. 23, 1661,

"Mr. H. told me how my lord chancellor had lately got the Duke of York

and duchess, and her woman, my Lord Ossory and a doctor, to make oath

before most of the judges of the kingdom, concerning all the

circumstances of their marriage. And, in fine, it is confessed that

they were not fully married till about a month or two before she was

brought to bed; but that they were contracted long before, and [were

married] time enough for the child to be legitimate. But I do not hear

that it was put to the judges to determine so or not." He had said

before that Lord Sandwich told him (17th Oct. 1660) "the king wanted

him [the duke] to marry her, but he would not." This seems at first

sight inconsistent with what James says himself. But at this time,

though the private marriage had really taken place, he had been

persuaded by a most infamous conspiracy of some profligate courtiers

that the lady was of a licentious character, and that Berkeley,

afterwards Lord Falmouth, had enjoyed her favours. _Life of

Clarendon_, 33. It must be presumed that those men knew only of a

contract which they thought he could break. Hamilton, in the _Memoirs

of Grammont_, speaks of this transaction with his usual levity, though

the parties showed themselves as destitute of spirit as of honour and

humanity. Clarendon, we must believe (and the most favourable

hypothesis for him is to give up his veracity), would not permit his

daughter to be made the victim of a few perjured debauchees, and of

her husband's fickleness or credulity.

[629] Hamilton mentions this as the current rumour of the court, and

Burnet has done the same. But Clarendon himself denies that he had any

concern in it, or any acquaintance with the parties. He wrote in too

humble a strain to the king on the subject. _Life of Clar._ p. 454.

[630] Burnet says that Southampton had come into a scheme of obtaining

£2,000,000 as the annual revenue; which was prevented by Clarendon,

lest it should put the king out of need of parliaments. This the king

found out, and hated him mortally for it. P. 223. It is the fashion to

discredit all Burnet says. But observe what we may read in Pepys: "Sir

W. Coventry did tell me it as the wisest thing that was ever said to

the king by any statesman of his time; and it was by my lord treasurer

that is dead, whom, I find, he takes for a very great statesman, that

when the king did show himself forward for passing the act of

indemnity, he did advise the king that he would hold his hand in doing

it, till he had got his power restored that had been diminished by the

late times, and his revenue settled in such a manner as he might

depend upon himself without resting upon parliaments, and then pass

it. But my lord chancellor, who thought he could have the command of

parliaments for ever, because for the king's sake they were awhile

willing to grant all the king desired, did press for its being done;

and so it was, and the king from that time able to do nothing with the

parliament almost." March 20, 1669. Rari quippe boni! Neither

Southampton nor Coventry make the figure in this extract we should

wish to find; yet who were their superiors for integrity and

patriotism under Charles II.? Perhaps Pepys, like most gossiping men,

was not always correct.

[631] Macpherson's _Extracts from Life of James_, 17, 18. Compare

Innes's _Life of James_, published by Clarke, i. 391, 393. In the

former work it is said that Clarendon, upon Venner's insurrection,

advised that the guards should not be disbanded. But this seems to be

a mistake in copying: for Clarendon read the Duke of York. Pepys,

however, who heard all the gossip of the town, mentions the year

after, that the chancellor thought of raising an army, with the duke

as general. Dec. 22, 1661.

[632] _Ibid._

[633] The Earl of Bristol, with all his constitutional precipitancy,

made a violent attack on Clarendon, by exhibiting articles of treason

against him in the House of Lords in 1663; believing, no doubt, that

the schemes of the intriguers were more mature, and the king more

alienated, than was really the case; and thus disgraced himself at

court instead of his enemy. _Parl. Hist._ 276; _Life of Clar._ 209.

Before this time Pepys had heard that the chancellor had lost the

king's favour, and that Bristol, with Buckingham and two or three

more, ruled him. May 15, 1663.

[634] A motion to refer the heads of charge against Clarendon to a

committee was lost by 194 to 128; Seymour and Osborne telling the

noes, Birch and Clarges the ayes. Commons' Journals, Nov. 6, 1667.

These names show how parties ran, Seymour and Osborne being

high-flying cavaliers, and Birch a presbyterian. A motion that he be

impeached for treason on the first article was lost by 172 to 103, the

two former tellers for the ayes: Nov. 9. In the Harleian MS. 881, we

have a copious account of the debates on this occasion, and a

transcript in No. 1218. Sir Heneage Finch spoke much against the

charge of treason; Maynard seems to have done the same. A charge of

secret correspondence with Cromwell was introduced merely _ad

invidiam_, the prosecutors admitting that it was pardoned by the act

of indemnity, but wishing to make the chancellor plead that: Maynard

and Hampden opposed it, and it was given up out of shame without a

vote. Vaughan, afterwards chief justice, argued that counselling the

king to govern by a standing army was treason at common law, and seems

to dispute what Finch laid down most broadly, that there can be no

such thing as a common law treason; relying on a passage in Glanvill,

where "seductio domini regis" is said to be treason. Maynard stood up

for the opposite doctrine. Waller and Vaughan argued that the sale of

Dunkirk was treason, but the article passed without declaring it to be

so; nor would the word have appeared probably in the impeachment, if a

young Lord Vaughan had not asserted that he could prove Clarendon to

have betrayed the king's councils, on which an article to that effect

was carried by 161 to 89. Garraway and Littleton were forward against

the chancellor; but Coventry seems to have taken no great part. See

Pepys's _Diary_, Dec. 3rd and 6th, 1667. Baxter also says that the

presbyterians were by no means strenuous against Clarendon, but rather

the contrary, fearing that worse might come for the country, as giving

him credit for having kept off military government. Baxter's _Life_,

part iii. 21. This is very highly to the honour of that party whom he

had so much oppressed, if not betrayed. "It was a notable providence

of God, he says, that this man, who had been the great instrument of

state, and done almost all, and had dealt so cruelly with the

nonconformists should thus by his own friends be cast out and

banished; while those that he had persecuted were the most moderate in

his cause, and many for him. And it was a great ease that befel the

good people throughout the land by his dejection. For his way was to

decoy men into conspiracies or to pretend plots, and upon the rumour

of a plot the innocent people of many countries were laid in prison,

so that no man knew when he was safe. Whereas since then, though laws

have been made more and more severe, yet a man knoweth a little better

what he is to expect, when it is by a law that he is to be tried."

Sham plots there seem to have been; but it is not reasonable to charge

Clarendon with inventing them. Ralph, 122.

[635] In his wrath against the proviso inserted by Sir George Downing,

as above mentioned, in the bill of supply, Clarendon told him, as he

confesses, that the king could never be well served, while fellows of

his condition were admitted to speak as much as they had a mind; and

that in the best times such presumptions had been punished with

imprisonment by the lords of the council, without the king's taking

notice of it. 321. The king was naturally displeased at this insolent

language towards one of his servants, a man who has filled an eminent

station, and done services, for a suggestion intended to benefit the

revenue. And it was a still more flagrant affront to the House of

Commons, of which Downing was a member, and where he had proposed this

clause, and induced the house to adopt it.

Coventry told Pepys "many things about the chancellor's dismissal, not

fit to be spoken; and yet not any unfaithfulness to the king, but

_instar omnium_, that he was so great at the council-board and in the

administration of matters there was no room for anybody to propose any

remedy for what was amiss, or to compass anything, though never so

good for the kingdom, unless approved of by the chancellor; he

managing all things with that greatness which now will be removed,

that the king may have the benefit of others' advice." Sept. 2, 1667.

His own memoirs are full of proofs of this haughtiness and

intemperance. He set himself against Sir William Coventry, and speaks

of a man as able and virtuous as himself with marked aversion. See too

_Life of James_, 398. Coventry, according to this writer (431), was

the chief actor in Clarendon's impeachment, but this seems to be a

mistake; though he was certainly desirous of getting him out of place.

The king, Clarendon tells us (438), pretended that the anger of

parliament was such, and their power too, as it was not in his power

to save him. The fallen minister desired him not to fear the power of

parliament, "which was more or less, or nothing, as he pleased to make

it." So preposterous as well as unconstitutional a way of talking

could not but aggravate his unpopularity with that great body he

pretended to contemn.

[636] _State Trials_, vi. 318; _Parl. Hist._

[637] Ludlow, iii. 118, 165 _et post_; Clarendon's _Life_, 290;

Burnet, 226; _Oeuvres de Louis XIV._ ii. 204.

[638] Harris's _Lives_, v. 28; _Biogr. Brit._ art. Harrington; _Life

of James_, 396; _Somers Tracts_, vii. 530, 534.

[639] See Kennet's _Register_, 757; Ralph, 78 _et post_; Harris's

_Lives_, v. 182, for proofs of this.

[640] _Mem. of Hutchinson_, 303. It seems, however, that he was

suspected of some concern with an intended rising in 1663, though

nothing was proved against him. _Miscellanea Aulica_, 319.

[641] _Life of Clarendon_, 424. Pepys says, the parliament was called

together "against the Duke of York's mind flatly, who did rather

advise the king to raise money as he pleased; and against the

chancellor, who told the king that Queen Elizabeth did do all her

business in 1588 without calling a parliament, and so might he do for

anything he saw." June 25, 1667. He probably got this from his friend

Sir W. Coventry.

[642] Ralph, 78, etc. The overture came from Clarendon, the French

having no expectation of it. The worst was that, just before, he had

dwelt in a speech to parliament on the importance of Dunkirk. This was

on May 19, 1662. It appears by Louis XIV.'s own account, which

certainly does not tally with some other authorities, that Dunkirk had

been so great an object with Cromwell, that it was the stipulated

price of the English alliance. Louis, however, was vexed at this, and

determined to recover it at any price: il est certain que je ne

pouvois trop donner pour racheter Dunkerque. He sent d'Estrades

accordingly to England in 1661, directing him to make this his great

object. Charles told the ambassador that Spain had made him great

offers, but he would rather treat with France. Louis was delighted at

this; and though the sum asked was considerable, 5,000,000 livres, he

would not break off, but finally concluded the treaty for 4,000,000,

payable in three years; nay, saved 500,000 without its being found out

by the English, for a banker having offered them prompt payment at

this discount, they gladly accepted it; but this banker was a person

employed by Louis himself, who had the money ready. He had the

greatest anxiety about this affair; for the city of London deputed the

lord mayor to offer any sum so that Dunkirk might not be alienated.

_Oeuvres de Louis XIV._ i. 167. If this be altogether correct, the

King of France did not fancy he had made so bad a bargain; and indeed,

with his projects, if he had the money to spare, he could not think

so. Compare the _Mémoires d'Estrades_, and the supplement to the third

volume of _Clarendon State Papers_. The historians are of no value,

except as they copy from some of these original testimonies.

[643] _Life of Clar._ 78; _Life of James_, 393.

[644] See Supplement to third volume of _Clarendon State Papers_, for

abundant evidence of the close connection between the courts of France

and England. The former offered bribes to Lord Clarendon so frequently

and unceremoniously, that one is disposed to think he did not show so

much indignation at the first overture as he ought to have done. See

pp. 1, 4, 13. The aim of Louis was to effect the match with Catharine.

Spain would have given a great portion with any protestant princess,

in order to break it. Clarendon asked, on his master's account, for

£50,000, to avoid application to parliament. P. 4. The French offered

a secret loan, or subsidy perhaps, of 2,000,000 livres for the succour

of Portugal. This was accepted by Clarendon (p. 15); but I do not find

anything more about it.

[645] As no one, who regards with attachment the present system of the

English constitution, can look upon Lord Clarendon as an excellent

minister, or a friend to the soundest principles of civil and

religious liberty; so no man whatever can avoid considering his

incessant deviations from the great duties of an historian as a moral

blemish in his character. He dares very frequently to say what is not

true, and what he must have known to be otherwise; he does not dare to

say what is true. And it is almost an aggravation of this reproach,

that he aimed to deceive posterity, and poisoned at the fountain a

stream from which another generation was to drink. No defence has ever

been set up for the fidelity of Clarendon's history; nor can men, who

have sifted the authentic materials, entertain much difference of

judgment in this respect; though, as a monument of powerful ability

and impressive eloquence, it will always be read with that delight

which we receive from many great historians, especially the ancient,

independent of any confidence in their veracity.

One more instance, before we quit Lord Clarendon for ever, may here be

mentioned of his disregard for truth. The strange tale of a fruitless

search after the restoration for the body of Charles I. is well known.

Lord Southampton and Lindsey, he tells us, who had assisted at their

master's obsequies in St. George's chapel at Windsor, were so overcome

with grief, that they could not recognise the place of interment; and,

after several vain attempts, the search was abandoned in despair.

_Hist. of Rebellion_, vi. 244. Whatever motive the noble historian may

have had for this story, it is absolutely incredible that any such

ineffectual search was ever made. Nothing could have been more easy

than to have taken up the pavement of the choir. But this was

unnecessary. Some at least of the workmen employed must have

remembered the place of the vault. Nor did it depend on them; for Sir

Thomas Herbert, who was present, had made at the time a note of the

spot, "just opposite the eleventh stall on the king's side." Herbert's

_Memoirs_, 142. And we find from Pepys's _Diary_, Feb. 26, 1666, that

"he was shown, at Windsor, where the late king was buried, and King

Henry VIII. and my Lady Seymour." In which spot, as is well known, the

royal body has twice been found, once in the reign of Anne, and again

in 1813.

[646] The tenor of Clarendon's life and writings almost forbids any

surmise of pecuniary corruption. Yet this is insinuated by Pepys, on

the authority of Evelyn, April 27 and May 16, 1667. But the one was

gossiping, though shrewd; and the other feeble, though accomplished.

Lord Dartmouth, who lived in the next age, and whose splenetic humour

makes him no good witness against anybody, charges him with receiving

bribes from the main instruments and promoters of the late troubles,

and those who had plundered the royalists, which enabled him to build

his great mansion in Piccadilly; asserting that it was full of

pictures belonging to families who had been despoiled of them. "And

whoever had a mind to see what great families had been plundered

during the civil war, might find some remains either at Clarendon

House or at Cornbury." Note on Burnet, 88.

The character of Clarendon, as a minister, is fairly and judiciously

drawn by Macpherson, _Hist. of England_, 98; a work by no means so

full of a tory spirit as has been supposed.

[647] _Parl. Hist._ 347.

[648] The Lords refused to commit the Earl of Clarendon on a general

impeachment of high treason; and in a conference with the lower house,

denied the authority of the precedent in Strafford's case, which was

pressed upon them. It is remarkable that the managers of this

conference for the Commons vindicated the first proceedings of the

long parliament, which shows a considerable change in their tone since

1661. They do not, however, seem to have urged, what is an apparent

distinction between the two precedents, that the commitment of

Strafford was on a verbal request of Pym in the name of the Commons,

without alleging any special matter of treason, and consequently

irregular and illegal; while the 16th article of Clarendon's

impeachment charges him with betraying the king's counsels to his

enemies; which, however untrue, evidently amounted to treason within

the statute of Edward III.; so that the objection of the Lords

extended to committing any one for treason upon impeachment, without

all the particularity required in an indictment. This showed a very

commendable regard to the liberty of the subject; and from this time

we do not find the vague and unintelligible accusations, whether of

treason or misdemeanour, so usual in former proceedings of parliament.

_Parl. Hist._ 387. A protest was signed by Buckingham, Albemarle,

Bristol, Arlington, and others of their party, including three bishops

(Cosins, Croft, and another), against the refusal of their house to

commit Clarendon upon the general charge. A few, on the other hand, of

whom Hollis is the only remarkable name, protested against the bill of

banishment.

"The most fatal blow (says James) the king gave himself to his power

and prerogative, was when he sought aid from the House of Commons to

destroy the Earl of Clarendon: by that he put that house again in mind

of their impeaching privilege, which had been wrested out of their

hands by the restoration; and when ministers found they were like to

be left to the censure of the parliament, it made them have a greater

attention to court an interest there than to pursue that of their

princes, from whom they hoped not for so sure a support." _Life of

James_, 593.

The king, it is said, came rather slowly into the measure of

impeachment; but became afterwards so eager, as to give the

attorney-general, Finch, positive orders to be active in it, observing

him to be silent. Carte's _Ormond_, ii. 353. Buckingham had made the

king great promises of what the Commons would do, in case he would

sacrifice Clarendon.

[649] Kennet, 293, 300. Burnet; Baxter, 23. The design was to act on

the principle of the declaration of 1660, so that presbyterian

ordinations should pass _sub modo_. Tillotson and Stillingfleet were

concerned in it. The king was at this time exasperated against the

bishops for their support of Clarendon. Burnet, _ibid._; Pepys's

_Diary_, 21st Dec. 1667. And he had also deeper motives.

[650] _Parl. Hist._ 421; Ralph, 170; Carte's _Life of Ormond_, ii.

362. Sir Thomas Littleton spoke in favour of the comprehension, as did

Seymour and Waller; all of them enemies of Clarendon, and probably

connected with the Buckingham faction: but the church party was much

too strong for them. Pepys says the Commons were furious against the

project; it was said that whoever proposed new laws about religion

must do it with a rope about his neck. Jan. 10, 1668. This is the

first instance of a triumph obtained by the church over the Crown in

the House of Commons. Ralph observes upon it, "It is not for nought

that the words church and state are so often coupled together, and

that the first has so insolently usurped the precedency of the last."

[651] _Parl. Hist._ 422.

[652] France retained Lille, Tournay, Douay, Charleroi, and other

places by the treaty. The allies were surprised, and not pleased at

the choice Spain made of yielding these towns in order to save Franche

Comté. Temple's _Letters_, 97. In fact, they were not on good terms

with that power; she had even a project, out of spite to Holland, of

giving up the Netherlands entirely to France, in exchange for

Rousillon, but thought better of it on cooler reflection.

[653] Dalrymple, ii. 5 _et post_. Temple was not treated very

favourably by most of the ministers on his return from concluding the

triple alliance: Clifford said to a friend, "Well, for all this noise,

we must yet have another war with the Dutch before it be long."

Temple's _Letters_, 123.

[654] Dalrymple, ii. 12.

[655] Burnet.

[656] _Life of Clarendon_, 357.

[657] _Life of Clarendon_, 355.

[658] _State Trials_, vi. 807. One of the oddest things connected with

this fire was, that some persons of the fanatic party had been hanged,

in April, for a conspiracy to surprise the Tower, murder the Duke of

Albemarle and others, and then declare for an equal division of lands,

etc. In order to effect this, the city was to be fired, and the guards

secured in their quarters and for this the 3rd of September following

was fixed upon as a lucky day. This is undoubtedly to be read in the

_London Gazette_ for April 30, 1666; and it is equally certain that

the city was in flames on the 3rd of September. But, though the

coincidence is curious, it would be very weak to think it more than a

coincidence, for the same reason as applies to the suspicion which the

catholics incurred; that the mere destruction of the city could not

have been the object of any party, and that nothing was attempted to

manifest any further design.

[659] Macpherson's _Extracts_, 38, 49; _Life of James_, 426.

[660] He tells us himself that it began by his reading a book written

by a learned bishop of the church of England to clear her from schism

in leaving the Roman communion, which had a contrary effect on him;

especially when, at the said bishop's desire, he read an answer to it.

This made him inquisitive about the grounds and manner of the

reformation. _After his return_, Heylin's _History of the

Reformation_, and the preface to Hooker's _Ecclesiastical Polity_,

thoroughly convinced him that neither the church of England, nor

Calvin, nor any of the reformers, had power to do what they did; and

he was confident, he said, that whosoever reads those two books with

attention and without prejudice, would be of the same opinion. _Life

of James_, i. 629. The Duchess of York embraced the same creed as her

husband, and, as he tells us, without knowledge of his sentiments, but

one year before her death in 1670. She left a paper at her death

containing the reasons for her change. See it in Kennet, 320. It is

plain that she, as well as the duke, had been influenced by the

Romanising tendency of some Anglican divines.

[661] Macpherson, 50; _Life of James_, 441.

[662] De Witt was apprised of the intrigue between France and England

as early as April 1669, through a Swedish agent at Paris. Temple, 179.

Temple himself, in the course of that year, became convinced that the

king's views were not those of his people, and reflects severely on

his conduct in a letter, December 24, 1669. P. 206. In September 1670,

on his sudden recall from the Hague, De Witt told him his suspicions

of a clandestine treaty. 241. He was received on his return coldly by

Arlington, and almost with rudeness by Clifford. 244. They knew he

would never concur in the new projects. But in 1682, during one of the

intervals when Charles was playing false with his brother Louis, the

latter, in revenge, let an Abbé Primi, in a history of the Dutch war,

publish an account of the whole secret treaty, under the name of the

Count de St. Majolo. This book was immediately suppressed at the

instance of the English ambassador; and Primi was sent for a short

time to the Bastile. But a pamphlet, published in London just after

the Revolution, contains extracts from it. Dalrymple, ii. 80; _Somers

Tracts_, viii. 13; _Harl. Misc._ ii. 387; _Oeuvres de Louis XIV._

vi. 476. It is singular that Hume should have slighted so well

authenticated a fact, even before Dalrymple's publication of the

treaty; but I suppose he had never heard of Primi's book. The original

treaty has lately been published by Dr. Lingard, from Lord Clifford's

cabinet.

[663] Dalrymple, ii. 22.

[664] _Id._ 23; _Life of James_, 442.

[665] The tenor of the article leads me to conclude, that these troops

were to be landed in England at all events, in order to secure the

public tranquillity without waiting for any disturbance.

[666] P. 49.

[667] Bolingbroke has a remarkable passage as to this in his _Letters

on History_ (Letter VII.): it may be also alluded to by others. The

full details, however, as well as more authentic proofs, were

reserved, as I believe, for the publication of _Oeuvres de Louis

XIV._, where they will be found in vol. ii. 403. The proposal of Louis

to the emperor, in 1667, was, that France should have the Pays Bas,

Franche Comté, Milan, Naples, the ports of Tuscany, Navarre, and the

Philippine Islands; Leopold taking all the rest. The obvious drift of

this was, that France should put herself in possession of an enormous

increase of power and territory, leaving Leopold to fight as he could

for Spain and America, which were not likely to submit peaceably. The

Austrian cabinet understood this; and proposed that they should

exchange their shares. Finally, however, it was concluded on the

king's terms, except that he was to take Sicily instead of Milan. One

article of this treaty was, that Louis should keep what he had

conquered in Flanders; in other words, the terms of the treaty of Aix

la Chapelle. The ratifications were exchanged 29th Feb. 1668. Louis

represents himself as more induced by this prospect than by any fear

of the triple alliance, of which he speaks slightingly, to conclude

the peace of Aix la Chapelle. He thought that he should acquire a

character for moderation which might be serviceable to him, "dans les

grands accroissemens que ma fortune pourroit recevoir." Vol. ii. p.

369.

[668] Dalrymple, 31-57. James gives a different account of this; and

intimates that Henrietta, whose visit to Dover he had for this reason

been much against, prevailed on the king to change his resolution, and

to begin with the war. He gained over Arlington and Clifford. The duke

told them it would quite defeat the catholic design, because the king

must run in debt, and be at the mercy of his parliament. They answered

that, if the war succeeded, it was not much matter what people

suspected. P. 450. This shows that they looked on force as necessary

to compass the design, and that the noble resistance of the Dutch,

under the Prince of Orange, was that which frustrated the whole

conspiracy. "The duke," it is again said (p. 453), "was in his own

judgment against entering into this war before his majesty's power and

authority in England had been better fixed and less precarious, as it

would have been, if the private treaty first agreed on had not been

altered." The French court, however, was evidently right in thinking

that, till the conquest of Holland should be achieved, the declaration

of the king's religion would only weaken him at home. It is gratifying

to find the heroic character of our glorious deliverer displaying

itself among these foul conspiracies. The Prince of Orange came over

to England in 1670. He was then very young; and his uncle, who was

really attached to him, would have gladly associated him in the

design; indeed it had been agreed that he was to possess part of the

United Provinces in sovereignty. But Colbert writes that the king had

found him so zealous a Dutchman and protestant, that he could not

trust him with any part of the secret. He let him know, however, as we

learn from Burnet, 382, that he had himself embraced the Romish faith.

[669] Dalrymple, 57.

[670] P. 68; _Life of James_, 444. In this work it is said that even

the Duchess of Orleans had no knowledge of the real treaty; and that

the other originated with Buckingham. But Dalrymple's authority seems

far better in this instance.

[671] P. 84, etc.

[672] P. 23.

[673] P. 52. The reluctance to let the Duke of Buckingham into the

secret seems to prove that more was meant than a toleration of the

Roman catholic religion, towards which he had always been disposed,

and which was hardly a secret at court.

[674] Pp. 62, 84.

[675] P. 81.

[676] P. 33.

[677] "The generality of the church of England men was not at that

time very averse to the catholic religion; many that went under that

name had their religion to choose, and went to church for company's

sake." _Life of James_, p. 442.

[678] _Life of James_, ibid.

[679] Macpherson's _Extracts_, p. 51.

[680] 22 Car. 2, c. 1; Kennet, p. 306. The zeal in the Commons against

popery tended to aggravate this persecution of the dissenters. They

had been led by some rascally clergymen to believe the absurdity that

there was a good understanding between the two parties.

[681] Burnet, p. 272.

[682] Baxter, pp. 74, 86; Kennet, p. 311. See a letter of Sheldon,

written at this time, to the bishops of his province, urging them to

persecute the nonconformists. Harris's _Life of Charles II._, p. 106.

Proofs also are given by this author of the manner in which some, such

as Lamplugh and Ward, responded to their primate's wishes.

Sheldon found a panegyrist quite worthy of him in his chaplain Parker,

afterwards Bishop of Oxford. This notable person has left a Latin

history of his own time, wherein he largely commemorates the

archbishop's zeal in molesting the dissenters, and praises him for

defeating the scheme of comprehension. P. 25. I observe, that the late

excellent editor of Burnet has endeavoured to slide in a word for the

primate (note on vol. i. p. 243), on the authority of that history by

Bishop Parker, and of Sheldon's Life in the _Biographia Britannica_.

It is lamentable to rest on such proofs. I should certainly not have

expected that, in Magdalen College, of all places, the name of Parker

would have been held in honour; and as to the _Biographia_, laudatory

as it is of primates in general (save Tillotson, whom it depreciates),

I find, on reference, that its praise of Sheldon's virtues is grounded

on the authority of his epitaph in Croydon church.

[683] Baxter, 87.

[684] This is asserted by Burnet, and seems to be acknowledged by the

Duke of York. The court endeavoured to mitigate the effect of the bill

brought into the Commons, in consequence of Coventry's injury; and so

far succeeded, that instead of a partial measure of protection for the

members of the House of Commons, as originally designed (which seemed,

I suppose, to carry too marked a reference to the particular

transaction), it was turned into a general act, making it a capital

felony to wound with intention to maim or disfigure. But the name of

the Coventry act has always clung to this statute. _Parl. Hist._ 461.

[685] The king promised the bankers interest at six per cent., instead

of the money due to them from the exchequer; but this was never paid

till the latter part of William's reign. It may be considered as the

beginning of our national debt. It seems to have been intended to

follow the shutting up of the exchequer with a still more

unwarrantable stretch of power, by granting an injunction to the

creditors who were suing the bankers at law. According to North

(_Examen_, pp. 38, 47), Lord-Keeper Bridgman resigned the great seal

rather than comply with this; and Shaftesbury himself, who succeeded

him, did not venture, if I understand the passage rightly, to grant an

absolute injunction. The promise of interest for their money seems to

have been given instead of this more illegal and violent remedy.

[686] _Parl. Hist._ 515; Kennet, 313.

[687] Bridgman, the lord-keeper, resigned the great seal, according to

Burnet, because he would not put it to the declaration of indulgence,

and was succeeded by Shaftesbury.

[688] _Parl. Hist._ 517. The presbyterian party do not appear to have

supported the declaration, at least Birch spoke against it: Waller,

Seymour, Sir Robert Howard in its favour. Baxter says, the

nonconformists were divided in opinion as to the propriety of availing

themselves of the declaration. P. 99. Birch told Pepys, some years

before, that he feared some would try for extending the toleration to

papists; but the sober party would rather be without it than have it

on those terms. Pepys's _Diary_, Jan. 31, 1668; _Parl. Hist._ 546,

561. Father Orleans says, that Ormond, Arlington, and some more

advised the king to comply; the duke and the rest of the council

urging him to adhere, and Shaftesbury, who had been the first mover of

the project, pledging himself for its success; there being a party for

the king among the Commons, and a force on foot enough to daunt the

other side. It was suspected that the women interposed, and prevailed

on the king to withdraw his declaration. Upon this, Shaftesbury turned

short round, provoked at the king's want of steadiness, and especially

at his giving up the point about issuing writs in the recess of

parliament.

[689] 25 Car. II. c. 2; Burnet, p. 490.

[690] The test act began in a resolution (February 28, 1673) that all

who refuse to take the oaths and receive the sacrament, according to

the rites of the church of England, shall be incapable of all public

employments. _Parl. Hist._ 556. The court party endeavoured to oppose

the declaration against transubstantiation, but of course in vain.

_Id._ 561, 592.

The king had pressed his brother to receive the sacrament, in order to

avoid suspicion, which he absolutely refused; and this led, he says,

to the test. _Life of James_, p. 482. But his religion was long pretty

well known, though he did not cease to conform till 1672.

[691] _Parl. Hist._ 526-585. These debates are copied from those

published by Anchitel Grey, a member of the Commons for thirty years;

but his notes, though collectively most valuable, are sometimes so

brief and ill expressed, that it is hardly possible to make out their

meaning. The court and church party, or rather some of them, seem to

have much opposed this bill for the relief of protestant dissenters.

[692] Commons' Journals, 28 and 29 March 1673; Lords' Journals, 24 and

29 March. The Lords were so slow about this bill that the lower house,

knowing an adjournment to be in contemplation, sent a message to

quicken them, according to a practice not unusual in this reign.

Perhaps, on an attentive consideration of the report on the conference

(March 29) it may appear that the Lords' amendments had a tendency to

let in popish, rather than to favour protestant, dissenters. Parker

says that this act of indulgence was defeated by his great hero,

Archbishop Sheldon, who proposed that the nonconformists should

acknowledge the war against Charles I. to be unlawful. _Hist. sui

temporis_, p. 203 of the translation.

[693] It was proposed, as an instruction to the committee on the test

act, that a clause should be introduced, rendering nonconformists

incapable of sitting in the House of Commons. This was lost by 163 to

107; but it was resolved that a distinct bill should be brought in for

that purpose. 10 March 1673.

[694] Kennet, p. 318.

[695] Commons' Journals, 20 Jan. 1674; _Parl. Hist._ 608, 625, 649;

Burnet.

Constitutional History of England, Henry VII to George II. Volume 2 of 3 · 第 7 / 9 章