[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.

[696] Temple's Memoirs.

[697] Burnet says that Danby bribed the less important members, instead of the leaders; which did not answer so well. But he seems to have been liberal to all. The parliament has gained the name of the pensioned. In that of 1679, Sir Stephen Fox was called upon to produce an account of the monies paid to many of their predecessors. Those who belonged to the new parliament, endeavoured to defend themselves; and gave reasons for their pensions; but I observe no one says he did not always vote with the court. Parl. Hist. 1137. North admits that great clamour was excited by this discovery; and well it might. See also Dalrymple, ii. 92.

[698] Burnet charges these two leaders of opposition with being bribed by the court to draw the house into granting an enormous supply, as the consideration of passing the test act; and see Pepys, Oct. 6, 1666. Sir Robert Howard and Sir Richard Temple were said to have gone over to the court in 1670 through similar inducements. Ralph. Roger North (Examen, p. 456) gives an account of the manner in which men were brought off from the opposition, though it was sometimes advisable to let them nominally continue in it; and mentions Lee, Garraway, and Meres, all very active patriots, if we trust to the parliamentary debates. But, after all, neither Burnet nor Roger North are wholly to be relied on as to particular instances; though the general fact of an extensive corruption be indisputable.

[699] This cunning, self-interested man, who had been introduced to the house by Lord Russell and Lord Cavendish, and was connected with the country party, tells us that Danby sent for him in Feb. 1677, and assured him that the jealousies of that party were wholly without foundation; that, to his certain knowledge, the king meant no other than to preserve the religion and government by law established; that, if the government was in any danger, it was from those who pretended such a mighty zeal for it. On finding him well disposed, Danby took his proselyte to the king, who assured him of his regard for the constitution, and was right loyally believed. Reresby's Memoirs, p. 36.

[700] "There were two things," says Bishop Parker, "which, like Circe's cup, bewitched men and turned them into brutes; viz. popery and French interest. If men otherwise sober heard them once, it was sufficient to make them run mad. But, when those things were laid aside, their behaviour to his majesty was with a becoming modesty." P. 244. Whenever the court seemed to fall in with the national interests on the two points of France and popery, many of the country party voted with them, though more numerous than their own. Temple, p. 458. See too Reresby, p. 25 et alibi.

[701] The king, according to James himself, readily consented to the marriage of the princess, when it was first suggested in 1675; the difficulty was with her father. He gave at last a reluctant consent; and the offer was made by Lords Arlington and Ossory to the Prince of Orange, who received it coolly. Life of James, 501. When he came over to England in Oct. 1677, with the intention of effecting the match, the king and duke wished to defer it till the conclusion of the treaty then in negotiation at Nimeguen; but "the obstinacy of the prince, with the assistance of the treasurer, who from that time entered into the measures and interests of the prince, prevailed upon the flexibility of the king to let the marriage be first agreed and concluded."—P. 508.

[702] Kennet, p. 332; North's Examen, p. 61; Burnet. This test was covertly meant against the Romish party as well as more openly against the dissenters. Life of James, p. 499. Danby set himself up as the patron of the church party and old cavaliers against the two opposing religions; trusting that they were the stronger in the House of Commons. But the times were so changed that the same men had no longer the same principles, and the house would listen to no measures against nonconformists. He propitiated, however, the prelates, by renewing the persecution under the existing laws, which had been relaxed by the cabal ministry. Baxter, 156, 172; Kennet, 331; Neal, 698; Somers Tracts, vii. 336.

Meanwhile, schemes of comprehension were sometimes on foot; and the prelates affected to be desirous of bringing about an union; but Morley and Sheldon frustrated them all. Baxter, 156; Kennet, 326; Parker, 25. The bishops, however, were not uniformly intolerant. Croft, Bishop of Hereford, published, about 1675, a tract that made some noise, entitled "The Naked Truth," for the purpose of moderating differences. It is not written with extraordinary ability; but is very candid and well designed, though conceding so much as to scandalise his brethren. Somers Tracts, vii. 268; Biogr. Brit. art. Croft; where the book is extravagantly over praised. Croft was one of the few bishops who, being then very old, advised his clergy to read James II.'s declaration in 1687; thinking, I suppose, though in those circumstances erroneously, that toleration was so good a thing, it was better to have it irregularly than not at all.

[703] Charles received 500,000 crowns for the long prorogation of parliament, from Nov. 1675 to Feb. 1677. In the beginning of the year 1676, the two kings bound themselves by a formal treaty (to which Danby and Lauderdale, but not Coventry or Williamson, were privy), not to enter on any treaties but by mutual consent; and Charles promised, in consideration of a pension, to prorogue or dissolve parliament, if they should attempt to force such treaties upon him. Dalrymple, p. 99. Danby tried to break this off, but did not hesitate to press the French cabinet for the money; and £200,000 was paid. The Prince of Orange came afterwards through Rouvigny to a knowledge of this secret treaty. P. 117.

[704] This army consisted of between twenty and thirty thousand men, as fine troops as could be seen (Life of James, p. 512): an alarming sight to those who denied the lawfulness of any standing army. It is impossible to doubt, from Barillon's correspondence in Dalrymple, that the king and duke looked to this force as the means of consolidating the royal authority. This was suspected at home, and very justly: "Many well-meaning men," says Reresby, "began to fear the army now raised was rather intended to awe our own kingdom than to war against France, as had at first been suggested."—P. 62. And in a former passage (p. 57) he positively attributes the opposition to the French war in 1678, to "a jealousy that the king indeed intended to raise an army, but never designed to go on with the war; and to say the truth, some of the king's own party were not very sure of the contrary."

[705] Dalrymple, p. 129. The immediate cause of those intrigues was the indignation of Louis at the Princess Mary's marriage. That event which, as we know from James himself, was very suddenly brought about, took the King of France by surprise. Charles apologised for it to Barillon, by saying, "I am the only one of my party, except my brother."—P. 125. This, in fact, was the secret of his apparent relinquishment of French interests at different times in the latter years of his reign; he found it hard to kick constantly against the pricks, and could employ no minister who went cordially along with his predilections. He seems too at times, as well as the Duke of York, to have been seriously provoked at the unceasing encroachments of France, which exposed him to so much vexation at home.

The connection with Lords Russell and Hollis began in March 1678, though some of the opposition had been making advances to Barillon in the preceding November. Pp. 129, 131. See also Copies and Extracts of some Letters written to and from the Earl of Danby, published in 1716; whence it appears that Montagu suspected the intrigues of Barillon, and the mission of Rouvigny, Lady Russell's first cousin, for the same purpose, as early as Jan. 1678; and informed Danby of it. Pp. 50, 53, 59.

[706] Courtin, the French ambassador who preceded Barillon, had been engaged through great part of the year 1677 in a treaty with Charles for the prorogation or dissolution of parliament. After a long chaffering, the sum was fixed at 2,000,000 livres; in consideration of which the King of England pledged himself to prorogue parliament from December to April 1678. It was in consequence of the subsidy being stopped by Louis, in resentment of the Princess Mary's marriage, that parliament, which had been already prorogued till April, was suddenly assembled in February. Dalrymple, p. 111. It appears that Courtin had employed French money to bribe members of the Commons in 1677 with the knowledge of Charles; assigning as a reason, that Spain and the emperor were distributing money on the other side. In the course of this negotiation, he assured Charles that the King of France was always ready to employ all his forces for the confirmation and augmentation of the royal authority in England, so that he should always be master of his subjects, and not depend upon them.

[707] See what Temple says of this (p. 460): the king raised 20,000 men in the spring of 1678, and seemed ready to go into the war; but all was spoiled by a vote, on Clarges's motion, that no money should be granted till satisfaction should be made as to religion. This irritated the king so much that he determined to take the money which France offered him; and he afterwards almost compelled the Dutch to sign the treaty; so much against the Prince of Orange's inclinations, that he has often been charged, though unjustly, with having fought the battle of St. Denis after he knew that the peace was concluded. Danby also, in his vindication (published in 1679, and again in 1710; see State Trials, ii. 634), lays the blame of discouraging the king from embarking in the war on this vote of the Commons. And the author of the Life of James II. says very truly, that the Commons "were in reality more jealous of the king's power than of the power of France; for, notwithstanding all their former warm addresses for hindering the growth of the power of France, when the king had no army, now that he had one, they passed a vote to have it immediately disbanded; and the factious party, which was then prevalent among them, made it their only business to be rid of the duke, to pull down the ministers, and to weaken the Crown."—P. 512.

In defence of the Commons it is to be urged that, if they had any strong suspicion of the king's private intrigues with France for some years past, as in all likelihood they had, common prudence would teach them to distrust his pretended desire for war with her; and it is, in fact, most probable, that his real object was to be master of a considerable army.

[708] The memorial of Blancard to the Prince of Orange, quoted by Dalrymple (p. 201) contains these words: "Le roi auroit été bien faché qu'il eut été absolu dans ses états; l'un de ses plus constants maximes depuis son rétablissement ayant été, de le diviser d'avec son parlement, et de se servir tantôt de l'un, tantôt de l'autre, toujours par argent pour parvenir à ses fins."

[709] Ralph, p. 116; Œuvres de Louis XIV. ii. 204, and v. 67, where we have a curious and characteristic letter of the king to d'Estrades in Jan. 1662, when he had been provoked by some high language Clarendon had held about the right of the flag.

[710] The letters of Barillon in Dalrymple (pp. 134, 136, 140) are sufficient proofs of this. He imputes to Danby in one place (p. 142) the design of making the king absolute, and says: "M. le duc d'York se croit perdu pour sa religion, si l'occasion présente ne lui sert à soumettre l'Angleterre; c'est une entreprise fort hardie, et dont le succès est fort doutex." Of Charles himself he says: "Le roi d'Angleterre balance encore à se porter à l'extremité; son humeur répugne fort au dessein de changer le gouvernement. Il est néanmoins entrainé par M. le duc d'York et par le grand trésorier; mais dans le fond il aimeroit mieux que la paix le mît en état de demeurer en repos, et rétablir ses affaires, c'est à dire, un bon revenu; et je crois qu'il ne se soucie pas beaucoup d'être plus absolu qu'il est. Le duc et le trésorier connoissent bien à qui ils ont affaire, et craignent d'être abandonnés par le roi d'Angleterre aux premiers obstacles considérables qu'ils trouveront au dessein de relever l'autorité royale en Angleterre." On this passage it may be observed, that there is reason to believe there was no co-operation, but rather a great distrust at this time between the Duke of York and Lord Danby. But Barillon had no doubt taken care to infuse into the minds of the opposition those suspicions of that minister's designs.

[711] Barillon appears to have favoured the opposition rather than the Duke of York, who urged the keeping up of the army. This was also the great object of the king, who very reluctantly disbanded it in Jan. 1679. Dalrymple, 207, etc.

[712] This delicate subject is treated with great candour as well as judgment by Lord John Russell, in his Life of William Lord Russell.

[713] Parl. Hist. 1035; Dalrymple, 200.

[714] Louis XIV. tells us, that Sidney had made proposals to France in 1666 for an insurrection, and asked 100,000 crowns to effect it; which was thought too much for an experiment. He tried to persuade the ministers, that it was against the interest of France that England should continue a monarchy. Œuvres de Louis XIV. ii. 204.

[715] Dalrymple, 162.

[716] His exclamation at Barillon's pressing the reduction of the army to 8000 men is well known: "God's fish! are all the King of France's promises to make me master of my subjects come to this! or does he think that a matter to be done with 8000 men!" Temple says, "He seemed at this time (May 1678) more resolved to enter into the war than I had ever before seen or thought him."

[717] Dalrymple, 178 et post.

[718] Memoirs relating to the Impeachment of the Earl of Danby, 1710, pp. 151, 227; State Trials, vol. xi.

[719] The violence of the next House of Commons, who refused to acquiesce in Danby's banishment, to which the Lords had changed their bill of attainder, may seem to render this very doubtful. But it is to be remembered that they were exasperated by the pardon he had clandestinely obtained, and pleaded in bar of their impeachment.

[720] The impeachment was carried by 179 to 116, Dec. 19. A motion (Dec. 21) to leave out the word traitorously was lost by 179 to 141.

[721] Lords' Journals, Dec. 26, 1678. Eighteen peers entered their protests; Halifax, Essex, Shaftesbury, etc.

[722] State Trials, vi. 351 et post; Hatsell's Precedents, iv. 176.

[723] Lords' Journals, April 16.

[724] "The lord privy seal, Anglesea, in a conference between the two houses," said, "that, in the transaction of this affair, were two great points gained by this House of Commons: the first was, that impeachments made by the Commons in one parliament continued from session to session, and parliament to parliament, notwithstanding prorogations or dissolutions: the other point was, that in cases of impeachments, upon special matter shown, if the modesty of the party directs him not to withdraw, the Lords admit that of right they ought to order him to withdraw, and that afterwards he ought to be committed. But he understood that the Lords did not intend to extend the points of withdrawing and committing to general impeachments without special matter alleged; else they did not know how many might be picked out of their house on a sudden."

Shaftesbury said, indecently enough, that they were as willing to be rid of the Earl of Danby as the Commons; and cavilled at the distinction between general and special impeachments. Commons' Journals, April 12, 1679. On the impeachment of Scroggs for treason, in the next parliament, it was moved to commit him; but the previous question was carried, and he was admitted to bail; doubtless because no sufficient matter was alleged. Twenty peers protested. Lords' Journals, Jan. 7, 1681.

[725] Lords' Journals, April 25; Parl. Hist. 1121, etc.

[726] Lords' Journals, May 9, 1679.

[727] Lords' Journals, May 10 and 11. After the former vote 50 peers, out of 107 who appear to have been present, entered their dissent; and another, the Earl of Leicester, is known to have voted with the minority. The unusual strength of opposition, no doubt, produced the change next day.

[728] May 13. Twenty-one peers were entered as dissentient. The Commons inquired whether it were intended by this that the bishops should vote on the pardon of Danby, which the upper house declined to answer, but said they could not vote on the trial of the five popish lords, May 15, 17, 27.

[729] See the report of a committee in Journals, May 26; or Hatsell's Precedents, iv. 374.

[730] 13 W. III. c. 2.

[731] Parl. Hist. vii. 283. Mr. Lechmere, a very ardent whig, then solicitor-general, and one of the managers on the impeachment, had most confidently denied this prerogative. Id. 233.

[732] Instead of the words in the order, "from the proceedings of any other court," the following are inserted, "or any other business wherein their lordships act as in a court of judicature, and not in their legislative capacity." The importance of this alteration as to the question of impeachment is obvious.

[733] Lords' Journals.

[734] Lords' Journals. Seventy-eight peers were present.

[735] Id. 4th Dec. 1680.

[736] Lords' Journ. March 24, 1681. The very next day the Commons sent a message to demand judgment on the impeachment against him. Com. Journ. March 25.

[737] Shower's Reports, ii. 335. "He was bailed to appear at the Lords' bar the first day of the then next parliament." The catholic lords were bailed the next day. This proves that the impeachment was not held to be at an end.

[738] Lords' Journals, May 22, 1685.

[739] Upon considering the proceedings in the House of Lords on this subject, Oct. 6 and 30, 1690, and especially the protest signed by eight peers on the latter day, there can be little doubt that their release had been chiefly grounded on the act of grace, and not on the abandonment of the impeachment.

[740] Bishop Parker is not wrong in saying that the House of Commons had so long accustomed themselves to strange fictions about popery, that, upon the first discovery of Oates's plot, they readily believed everything he said; for they had long expected whatever he declared. Hist. sui temp. p. 248 (of the translation).

[741] Parl. Hist. 1024, 1035; State Trials, vii. 1; Kennet, 327, 337, 351; North's Examen, 129, 177; Ralph, 386; Burnet, i. 555. Scroggs tried Coleman with much rudeness and partiality; but his summing up in reference to the famous passage in the letters is not deficient in acuteness. In fact, this not only convicted Coleman, but raised a general conviction of the truth of a plot—and a plot there was, though not Oates's.

[742] Examen, p. 196.

[743] R. v. Farwell and others; State Trials, viii. 1361. They were indicted for publishing some letters to prove that Godfrey had killed himself. They defended themselves by calling witnesses to prove the truth of the fact, which, though in a case of libel, Pemberton allowed. But their own witnesses proved that Godfrey's body had all the appearance of being strangled.

The Roman catholics gave out, at the time of Godfrey's death, that he had killed himself; and hurt their own cause by foolish lies. North's Examen, p. 200.

[744] It was deposed by a respectable witness, that Godfrey entertained apprehensions on account of what he had done as to the plot, and had said, "On my conscience, I believe I shall be the first martyr." State Trials, vii. 168. These little additional circumstances, which are suppressed by later historians, who speak of the plot as unfit to impose on any but the most bigoted fanatics, contributed to make up a body of presumptive and positive evidence, from which human relief is rarely withheld.

It is remarkable that the most acute and diligent historian we possess for those times, Ralph, does not in the slightest degree pretend to account for Godfrey's death; though, in his general reflections on the plot (p. 555) he relies too much on the assertions of North and l'Estrange.

[745] State Trials, vii. 259; North's Examen, 240.

[746] State Trials, vol. vii. passim. On the trial of Green, Berry, and Hill, for Godfrey's murder, part of the story for the prosecution was, that the body was brought to Hill's lodgings on the Saturday, and remained there till Monday. The prisoner called witnesses who lodged in the same house, to prove that it could not have been there without their knowledge. Wild, one of the judges, assuming, as usual, the truth of the story as beyond controversy, said it was very suspicious that they should see or hear nothing of it; and another, Dolben, told them it was well they were not indicted. Id. 199. Jones, summing up the evidence on Sir Thomas Gascoigne's trial at York (an aged catholic gentleman, most improbably accused of accession to the plot), says to the jury: "Gentlemen, you have the king's witness on his oath; he that testifies against him is barely on his word, and he is a papist" (Id. 1039): thus deriving an argument from an iniquitous rule, which, at that time, prevailed in our law, of refusing to hear the prisoner's witnesses upon oath. Gascoigne, however, was acquitted.

It would swell this note to an unwarrantable length, were I to extract so much of the trials as might fully exhibit all the instances of gross partiality in the conduct of the judges. I must, therefore, refer my readers to the volume itself, a standing monument of the necessity of the revolution; not only as it rendered the judges independent of the Crown, but as it brought forward those principles of equal and indifferent justice, which can never be expected to flourish but under the shadow of liberty.

[747] State Trials, 119, 315, 344.

[748] Roger North, whose long account of the popish plot is, as usual with him, a medley of truth and lies, acuteness and absurdity, represents his brother, the chief justice, as perfectly immaculate in the midst of this degradation of the bench. The State Trials, however, show that he was as partial and unjust towards the prisoners as any of the rest, till the government thought it necessary to interfere. The moment when the judges veered round, was on the trial of Sir George Wakeman, physician to the queen. Scroggs, who had been infamously partial against the prisoners upon every former occasion, now treated Oates and Bedloe as they deserved, though to the aggravation of his own disgrace. State Trials, vii. 619-686.

[749] State Trials, 1552; Parl. Hist. 1229. Stafford, though not a man of much ability, had rendered himself obnoxious as a prominent opposer of all measures intended to check the growth of popery. His name appears constantly in protests upon such occasions; as, for instance, March 3, 1678, against the bill for raising money for a French war. Reresby praises his defence very highly. P. 108. The Duke of York, on the contrary, or his biographer, observes: "Those who wished Lord Stafford well were of opinion that, had he managed the advantages which were given him with dexterity, he would have made the greatest part of his judges ashamed to condemn him; but it was his misfortune to play his game worst, when he had the best cards."—P. 637.

[750] I take this from extracts out of those sermons, contained in a Roman catholic pamphlet printed in 1687, and entitled "Good Advice to the Pulpits." The protestant divines did their cause no good by misrepresentation of their adversaries, and by their propensity to rudeness and scurrility. The former fault indeed existed in a much greater degree on the opposite side, but by no means the latter. See also a treatise by Barlow, published in 1679, entitled, "Popish Principles pernicious to Protestant Princes."

[751] Parl. Hist. 1040.

[752] See Marvell's "Seasonable Argument to persuade all the grand Juries in England to petition for a new Parliament." He gives very bad characters of the principal members on the court side; but we cannot take for granted all that comes from so unscrupulous a libeller. Sir Harbottle Grimstone had first thrown out, in the session of 1675, that a standing parliament was as great a grievance as a standing army, and that an application ought to be made to the king for a dissolution. This was not seconded; and met with much disapprobation from both sides of the house. Parl. Hist. vii. 64. But the country party, in two years' time, had changed their views, and were become eager for a dissolution. An address to that effect was moved in the House of Lords, and lost by only two voices, the Duke of York voting for it. Id. 800. This is explained by a passage in Coleman's Letters; where that intriguer expresses his desire to see parliament dissolved, in the hope that another would be more favourable to the toleration of catholics. This must mean that the dissenters might gain an advantage over the rigorous church of England men, and be induced to come into a general indulgence.

[753] This test, 30 Car. 2, stat. 2, is the declaration subscribed by members of both houses of parliament on taking their seats, that there is no transubstantiation of the elements in the Lord's supper; and that the invocation of saints, as practised in the church of Rome, is idolatrous. The oath of supremacy was already taken by the Commons, though not by the Lords; and it is a great mistake to imagine that catholics were legally capable of sitting in the lower house before the act of 1679. But it had been the aim of the long parliament in 1642 to exclude them from the House of Lords; and this was of course revived with greater eagerness, as the danger from their influence grew more apparent. A bill for this purpose passed the Commons in 1675, but was thrown out by the peers. Journals, May 14, Nov. 8. It was brought in again in the spring of 1678. Parl. Hist. 990. In the autumn of the same year it was renewed, when the Lords agreed to the oath of supremacy, but omitted the declaration against transubstantiation, so far as their own house was affected by it. Lords' Journals, Nov. 20, 1678. They also excepted the Duke of York from the operation of the bill; which exception was carried in the Commons by two voices. Parl. Hist. 1040. The Duke of York and seven more lords protested.

The violence of those times on all sides will account for this theological declaration; but it is more difficult to justify its retention at present. Whatever influence a belief in the pope's supremacy may exercise upon men's politics, it is hard to see how the doctrine of transubstantiation can directly affect them; and surely he who renounces the former, cannot be very dangerous on account of his adherence to the latter. Nor is it less extraordinary to demand, from many of those who usually compose a House of Commons, the assertion that the practice of the church of Rome in the invocation of saints is idolatrous; since, even on the hypothesis that a country gentleman has a clear notion of what is meant by idolatry, he is, in many cases, wholly out of the way of knowing what the church of Rome or any of its members believe or practise. The invocation of saints, as held and explained by that church in the council of Trent, is surely not idolatrous, with whatever error it may be charged; but the practice at least of uneducated Roman catholics seems fully to justify the declaration; understanding it to refer to certain superstitions, countenanced or not eradicated by their clergy. I have sometimes thought that the legislator of a great nation sets off oddly by solemnly professing theological positions about which he knows nothing, and swearing to the possession of property which he does not enjoy. [1827.]

[754] The second reading of the exclusion bill was carried, May 21, 1679, by 207 to 128. The debates are in Parliamentary History, 1125 et post. In the next parliament it was carried without a division. Sir Leoline Jenkins alone seems to have taken the high ground, that "parliament cannot disinherit the heir of the Crown; and that, if such an act should pass, it would be invalid in itself."—Id. 1191.

[755] While the exclusion bill was passing the Commons, the king took the pains to speak himself to almost every lord, to dissuade him from assenting to it when it should come up; telling them, at the same time, let what would happen, he would never suffer such a villainous bill to pass. Life of James, 553.

[756] Ralph, p. 498. The atrocious libel, entitled, "An Appeal from the Country to the City," published in 1679, and usually ascribed to Ferguson (though said in Biogr. Brit. art. L'Estrange, to be written by Charles Blount), was almost sufficient of itself to excuse the return of public opinion towards the throne. State Tracts, temp. Car. II.; Ralph, i. 476; Parl. Hist. iv. Appendix. The king is personally struck at in this tract with the utmost fury: the queen is called Agrippina, in allusion to the infamous charges of Oates; Monmouth is held up as the hope of the country. "He will stand by you, therefore you ought to stand by him. He who hath the worst title, always makes the best king." One Harris was tried for publishing this pamphlet. The jury at first found him guilty of selling; an equivocal verdict, by which they probably meant to deny, or at least to disclaim, any assertion of the libellous character of the publication. But Scroggs telling them it was their province to say guilty or not guilty, they returned a verdict of guilty. State Trials, vii. 925.

Another arrow dipped in the same poison was a "Letter to a Person of Honour concerning the Black Box." Somers Tracts, viii. 189. The story of a contract of marriage between the king and Mrs. Waters, Monmouth's mother, concealed in a black box, had lately been current; and the former had taken pains to expose its falsehood by a public examination of the gentleman whose name had been made use of. This artful tract is intended to keep up the belief of Monmouth's legitimacy, and even to graft it on the undeniable falsehood of that tale; as if it had been purposely fabricated to delude the people by setting them on a wrong scent. See also another libel of the same class, p. 197.

Though Monmouth's illegitimacy is past all question, it has been observed by Harris that the Princess of Orange, in writing to her brother about Mrs. Waters, in 1655, twice names her as his wife. Thurloe, i. 665, quoted in Harris's Lives, iv. 168. But though this was a scandalous indecency on her part, it proves no more than that Charles, like other young men in the heat of passion, was foolish enough to give that appellation to his mistress; and that his sister humoured him in it.

Sidney mentions a strange piece of Monmouth's presumption. When he went to dine with the city in October 1680, it was remarked that the bar, by which the heralds denote illegitimacy, had been taken off the royal arms on his coach. Letters to Saville, p. 54.

[757] Life of James, 592 et post. Compare Dalrymple, p. 265 et post. Barillon was evidently of opinion that the king would finally abandon his brother. Sunderland joined the Duchess of Portsmouth, and was one of the thirty peers who voted for the bill in November 1680. James charges Godolphin also with deserting him. P. 615. But his name does not appear in the protest signed by twenty-five peers; though that of the privy seal, Lord Anglesea, does. The Duchess of Portsmouth sat near the Commons at Stafford's trial, "dispensing her sweetmeats and gracious looks among them."—P. 638.

[758] Life of James, p. 657.

[759] Il est persuadé que l'autorité royale ne se peut rétablir en Angleterre que par une guerre civile. Aug. 19, 1680. Dalrymple, 265.

[760] Dalrymple, 277. Nov. 1680.

[761] Marvell's "Growth of Popery," in State Tracts, temp. Car. II. p. 98; Parl. Hist. 853. The second reading was carried by 127 to 88. Serjeant Maynard, who was probably not in the secrets of his party, seems to have been surprised at their opposition. An objection with Marvell, and not by any means a bad one, would have been, that the children of the royal family were to be consigned for education to the sole government of bishops. The Duke of York, and thirteen other peers, protested against this bill, not all of them from the same motives, as may be collected from their names. Lords' Journals, 13th and 15th March 1679.

[762] Lords Russell and Cavendish, Sir W. Coventry and Sir Thomas Littleton, seem to have been in favour of limitations. Lord J. Russell, p. 42; Ralph, 446; Sidney's Letters, p. 32. Temple and Shaftesbury, for opposite reasons, stood alone in the council against the scheme of limitations. Temple's Memoirs.

[763] Commons' Journals, 23rd Nov. 1680, 8th Jan. 1681.

[764] Life of James, 634, 671; Dalrymple, p. 307.

[765] Dalrymple, p. 301; Life of James, 660, 671. The duke gave himself up for lost when he heard of the clause in the king's speech declaring his readiness to hearken to any expedient but the exclusion. Birch and Hampden, he says, were in favour of this; but Fitzharris's business set the house in a flame, and determined them to persist in their former scheme. Reresby says (p. 19, confirmed by Parl. Hist. 132) it was supported by Sir Thomas Littleton, who is said to have been originally against the bill of exclusion, as well as Sir William Coventry. Sidney's Letters, p. 32. It was opposed by Jones, Winnington, Booth, and, if the Parliamentary History be right, by Hampden and Birch.

[766] Temple's Memoirs. He says their revenues in land or offices amounted to £300,000 per annum; whereas those of the House of Commons seldom exceeded £400,000. The king objected much to admitting Halifax; but himself proposed Shaftesbury, much against Temple's wishes. The funds in Holland rose on the news. Barillon was displeased, and said it was making "des états, et non des conseils;" which was not without weight, for the king had declared he would take no measure, nor even choose any new counsellor, without their consent. But the extreme disadvantage of the position in which this placed the Crown, rendered it absolutely certain that it was not submitted to with sincerity. Lady Portsmouth told Barillon the new ministry was formed in order to get money from parliament. Another motive, no doubt, was to prevent the exclusion bill.

[767] Life of James, 558. On the king's sudden illness, Aug. 22, 1679, the ruling ministers, Halifax, Sunderland, and Essex, alarmed at the anarchy which might come on his death, of which Shaftesbury and Monmouth would profit, sent over for the duke; but soon endeavoured to make him go into Scotland, and, after a struggle against the king's tricks to outwit them, succeeded in this object. Id. p. 570 et post.

[768] Temple; Reresby, p. 89. "So true it is," he says, "that there is no wearing the court and country livery together." Thus also Algernon Sidney, in his letters to Saville, p. 16. "The king certainly inclines not to be so stiff as formerly in advancing only those that exalt prerogative; but the Earl of Essex, and some others that are coming into play thereupon, cannot avoid being suspected of having intentions different from what they have hitherto professed." He ascribed the change of ministry at this time to Sunderland: "if he and two more [Essex and Halifax] can well agree among themselves, I believe they will have the management of almost all businesses, and may bring much honour to themselves and good to our nation." April 21, 1679. But he writes afterwards (Sept. 8) that Halifax and Essex were become very unpopular. P. 50. "The bare being preferred," says Secretary Coventry, "maketh some of them suspected, though not criminal." Lord J. Russell's Life of Lord Russell, p. 90.

[769] See the protests in 1679, passim.

[770] Temple's Memoirs; Life of James, 581.

[771] Dalrymple, pp. 230, 237.

[772] See Roger North's account of this court stratagem. Examen of Kennet, 546. The proclamation itself, however, in the Gazette, 12th Dec. 1679, is more strongly worded than we should expect from North's account of it, and is by no means limited to tumultuous petitions.

[773] London Gazettes of 1680, passim.

[774] David Lewis was executed at Usk for saying mass, Aug. 27, 1679. State Trials, vii. 256. Other instances occur in the same volume; see especially pp. 811, 839, 849, 587. Pemberton was more severe and unjust towards these unfortunate men than Scroggs. The king, as his brother tells us, came unwillingly into these severities to prevent worse. Life of James, 583.

[775] Journals, passim; North's Examen, 377, 561.

[776] They went a little too far, however, when they actually seated Sir William Waller in Withens's place for Westminster. Ralph, 514.

[777] Journals, Dec. 24, 1680.

[778] Parl. Hist. i. 174.

[779] Reresby's Memoirs, 106. Lord Halifax and he agreed, he says, on consideration, that the court party were not only the most numerous, but the most active and wealthy part of the nation.

[780] It was carried by 219 to 95 (17th Nov.), to address the king to remove Lord Halifax from his councils and presence for ever. They resolved, nem. con., that no member of that house should accept of any office or place of profit from the Crown, or any promise of one, during such time as he should continue a member; and that all offenders herein should be expelled. 30th Dec. They passed resolutions against a number of persons by name, whom they suspected to have advised the king not to pass the bill of exclusion. 7th Jan. 1680. They resolved unanimously (10th Jan.), that it is the opinion of this house, that the city of London was burnt in the year 1666 by the papists, designing thereby to introduce popery and arbitrary power into this kingdom. They were going on with more resolutions in the same spirit, when the usher of the black rod appeared to prorogue them. Parl. Hist.

[781] Commons' Journals, March 26, 1681.

[782] Parl. Hist. ii. 54. Lord Hale doubted whether this were a statute. But the judges, in 1689, on being consulted by the Lords, inclined to think that it was one; arguing, I suppose, from the words "in full parliament," which have been held to imply the presence and assent of the Commons.

[783] Hatsell's Precedents, iv. 54, and Appendix, 347; State Trials, viii. 236, and xii. 1218.

[784] Commentaries, vol. iv. c. 19.

[785] Ralph, 564 et post; State Trials, 223, 427; North's Examen, 274. Fitzharris was an Irish papist, who had evidently had interviews with the king through Lady Portsmouth. One Hawkins, afterwards made Dean of Chichester for his pains, published a narrative of this case full of falsehoods.

[786] State Trials, viii. 759. Roger North's remark on this is worthy of him; "having sworn false, as it is manifest some did before to one purpose, it is more likely they swore true to the contrary." Examen, p. 117. And Sir Robert Sawyer's observation to the same effect is also worthy of him. On College's trial, Oates, in his examination for the prisoner, said, that Turberville had changed sides; Sawyer, as counsel for the Crown, answered, "Dr. Oates, Mr. Turberville has not changed sides, you have; he is still a witness for the king, you are against him." State Trials, viii. 639.

The opposite party were a little perplexed by the necessity of refuting testimony they had relied upon. In a dialogue, entitled "Ignoramus Vindicated," it is asked, why were Dr. Oates and others believed against the papists? and the best answer the case admits is given: "Because his and their testimony was backed by that undeniable evidence of Coleman's papers, Godfrey's murder, and a thousand other pregnant circumstances, which makes the case much different from that when people, of very suspected credit, swear the grossest improbabilities." But the same witnesses, it is urged, had lately been believed against the papists. "What! then," replies the advocate of Shaftesbury, "may not a man be very honest and credible at one time, and six months after, by necessity, subornation, malice, or twenty ways, become a notorious villain?"

[787] The true question for a grand juror to ask himself seems to be this: Is the evidence such as that, if the prisoner can prove nothing to the contrary, he ought to be convicted? However, where any considerable doubt exists as to this, as a petty juror ought to acquit, so a grand juror ought to find the indictment.

[788] Roger North, and the prerogative writers in general, speak of this inquest as a scandalous piece of perjury, enough to justify the measures soon afterwards taken against the city. But Ralph, who, at this period of history, is very impartial, seems to think the jury warranted by the absurdity of the depositions. It is to be remembered that the petty juries had shown themselves liable to intimidation, and that the bench was sold to the court. In modern times, such an ignoramus could hardly ever be justified. There is strong reason to believe, that the court had recourse to subornation of evidence against Shaftesbury. Ralph, 140 et post. And the witnesses were chiefly low Irishmen, in whom he was not likely to have placed confidence. As to the association found among Shaftesbury's papers, it was not signed by himself, nor, as I conceive, treasonable, only binding the associators to oppose the Duke of York, in case of his coming to the crown. State Trials, viii. 786. See also 827 and 835.

[789] If we may believe James II., the populace hooted Shaftesbury when he was sent to the Tower. Macpherson, 124; Life of James, 688. This was an improvement on the odit damnatos. They rejoiced, however, much more, as he owns, at the ignoramus. P. 714.

[790] See College's case in State Trials, viii. 549, and Hawles's remarks on it, 723; Ralph, 626. It is one of the worst pieces of judicial iniquity that we find in the whole collection. The written instructions he had given to his counsel before the trial were taken away from him, in order to learn the grounds of his defence. North and Jones, the judges before whom he was tried, afforded him no protection. But besides this, even if the witnesses had been credible, it does not appear to me that the facts amounted to treason. Roger North outdoes himself in his justification of the proceedings on this trial. Examen, p. 587. What would this man have been in power, when he writes thus in a sort of proscription twenty years after the revolution! But in justice it should be observed that his portraits of North and Jones (Id. 512 and 517) are excellent specimens of his inimitable talent for Dutch painting.

[791] London Gazettes, 1681, passim. Ralph, 592, has spoken too strongly of their servility, as if they showed a disposition to give up altogether every right and privilege to the Crown. This may be true in a very few instances, but is by no means their general tenor. They are exactly high tory addresses, and nothing more.

[792] State Trials, viii. 447. Chief-Justice Pemberton, by whom he was tried, had strong prejudices against the papists, though well enough disposed to serve the court in some respects.

[793] The king, James says in 1679, was convinced of the falsehood of the plot, "while the seeming necessity of his affairs made this unfortunate prince, for so he may well be termed in this conjuncture, think he could not be safe but by consenting every day to the execution of those he knew in his heart to be most innocent; and as for that notion of letting the law take its course, it was such a piece of casuistry as had been fatal to the king his father," etc. 562. If this was blamable in 1679, how much more in 1681?

Temple relates, that having objected to leaving some priests to the law, as the House of Commons had desired in 1679, Halifax said he would tell every one he was a papist, if he did not concur; and that the plot must be treated as if it were true, whether it was so or not. P. 339 (folio edit.). A vile maxim indeed! But as Halifax never showed any want of candour or humanity, and voted Lord Stafford not guilty next year, we may doubt whether Temple has represented this quite exactly.

In reference to Lord Stafford, I will here notice that Lord John Russell, in a passage deserving very high praise, has shown rather too much candour in censuring his ancestor (p. 140) on account of the support he gave (if in fact he did so, for the evidence seems weak) to the objection raised by the sheriffs, Bethell and Cornish, with respect to the mode of Stafford's execution. The king having remitted all the sentence except the beheading, these magistrates thought fit to consult the House of Commons. Hume talks of Russell's seconding this "barbarous scruple," as he calls it, and imputes it to faction. But, notwithstanding the epithet, it is certain that the only question was between death by the cord and the axe; and if Stafford had been guilty, as Lord Russell was convinced, of a most atrocious treason, he could not deserve to be spared the more ignominious punishment. The truth is, which seems to have escaped both these writers, that if the king could remit a part of the sentence upon a parliamentary impeachment, it might considerably affect the question whether he could not grant a pardon, which the Commons had denied.

[794] See this petition, Somers Tracts, viii. 144.

[795] State Trials, viii. 1039-1340; Ralph, 717. The majority was but 104 to 86; a division honourable to the spirit of citizens.

[796] North's Examen, 626.

[797] Lady Russell's opinion was, that "it was no more than what her lord confessed—talk; and it is possible that talk going so far as to consider, if a remedy for supposed evils might be sought, how it could be formed." Life of Lord Russell, p. 266. It is not easy, however, to talk long in this manner about the how of treason, without incurring the penalties of it.

[798] See this business well discussed by the acute and indefatigable Ralph, p. 722, and by Lord John Russell, p. 253. See also State Trials, ix. 358 et post. There appears no cause for doubting the reality of what is called the Ryehouse plot. The case against Walcot (Id. 519) was pretty well proved; but his own confession completely hanged him and his friends too. His attainder was reversed after the revolution, but only on account of some technical errors, not essential to the merits of the case.

[799] State Trials, ix. 577. Lord Essex cut his throat in the Tower. He was a man of the most excellent qualities, but subject to constitutional melancholy which overcame his fortitude; an event the more to be deplored, as there seems to have been no possibility of his being convicted. A suspicion, as is well known, obtained credit with the enemies of the court, that Lord Essex was murdered; and some evidence was brought forward by the zeal of one Braddon. The late editor of the State Trials seems a little inclined to revive this report, which even Harris (Life of Charles, p. 352) does not venture to accredit; and I am surprised to find Lord John Russell observe, "It would be idle, at the present time, to pretend to give any opinion on the subject."—P. 182. This I can by no means admit. We have, on the one side, some testimonies by children, who frequently invent and persist in falsehoods with no conceivable motive. But, on the other hand, we are to suppose, that Charles II. and the Duke of York caused a detestable murder to be perpetrated on one towards whom they had never shown any hostility, and in whose death they had no interest. Each of these princes had faults enough; but I may venture to say that they were totally incapable of such a crime. One of the presumptive arguments of Braddon, in a pamphlet published long afterwards, is, that the king and his brother were in the Tower on the morning of Lord Essex's death. If this leads to anything, we are to believe that Charles the Second, like the tyrant in a Grub Street tragedy, came to kill his prisoner with his own hands. Any man of ordinary understanding (which seems not to have been the case with Mr. Braddon) must perceive that the circumstance tends to repel suspicion rather than the contrary. See the whole of this, including Braddon's pamphlet, in State Trials, ix. 1127.