The History of England, from the Accession of James II Volume I Part 9

Shortly after the prorogation came a dissolution and another general election. The zeal and strength of the opposition were at the height.

The cry for the Exclusion Bill was louder than ever, and with this cry was mingled another cry, which fired the blood of the mult.i.tude, but which was heard with regret and alarm by all judicious friends of freedom. Not only the rights of the Duke of York, an avowed Papist, but those of his two daughters, sincere and zealous Protestants, were a.s.sailed. It was confidently affirmed that the eldest natural son of the King had been born in wedlock, and was lawful heir to the crown.

Charles, while a wanderer on the Continent, had fallen in at the Hague with Lucy Walters, a Welsh girl of great beauty, but of weak understanding and dissolute manners. She became his mistress, and presented him with a son. A suspicious lover might have had his doubts; for the lady had several admirers, and was not supposed to be cruel to any. Charles, however, readily took her word, and poured forth on little James Crofts, as the boy was then called, an overflowing fondness, such as seemed hardly to belong to that cool and careless nature. Soon after the restoration, the young favourite, who had learned in France the exercises then considered necessary to a fine gentleman, made his appearance at Whitehall. He was lodged in the palace, attended by pages, and permitted to enjoy several distinctions which had till then been confined to princes of the blood royal. He was married, while still in tender youth, to Anne Scott, heiress of the n.o.ble house of Buccleuch.

He took her name, and received with her hand possession of her ample domains. The estate which he had acquired by this match was popularly estimated at not less than ten thousand pounds a year. t.i.tles, and favours more substantial than t.i.tles, were lavished on him. He was made Duke of Monmouth in England, Duke of Buccleuch in Scotland, a Knight of the Garter, Master of the Horse, Commander of the first troop of Life Guards, Chief Justice of Eyre south of Trent, and Chancellor of the University of Cambridge. Nor did he appear to the public unworthy of his high fortunes. His countenance was eminently handsome and engaging, his temper sweet, his manners polite and affable. Though a libertine, he won the hearts of the Puritans. Though he was known to have been privy to the shameful attack on Sir John Coventry, he easily obtained the forgiveness of the Country Party. Even austere moralists owned that, in such a court, strict conjugal fidelity was scarcely to be expected from one who, while a child, had been married to another child. Even patriots were willing to excuse a headstrong boy for visiting with immoderate vengeance an insult offered to his father. And soon the stain left by loose amours and midnight brawls was effaced by honourable exploits.

When Charles and Lewis united their forces against Holland, Monmouth commanded the English auxiliaries who were sent to the Continent, and approved himself a gallant soldier and a not unintelligent officer. On his return he found himself the most popular man in the kingdom. Nothing was withheld from him but the crown; nor did even the crown seem to be absolutely beyond his reach. The distinction which had most injudiciously been made between him and the highest n.o.bles had produced evil consequences. When a boy he had been invited to put on his hat in the presence chamber, while Howards and Seymours stood uncovered round him. When foreign princes died, he had mourned for them in the long purple cloak, which no other subject, except the Duke of York and Prince Rupert, was permitted to wear. It was natural that these things should lead him to regard himself as a legitimate prince of the House of Stuart. Charles, even at a ripe age, was devoted to his pleasures and regardless of his dignity. It could hardly be thought incredible that he should at twenty have secretly gone through the form of espousing a lady whose beauty had fascinated him. While Monmouth was still a child, and while the Duke of York still pa.s.sed for a Protestant, it was rumoured throughout the country, and even in circles which ought to have been well informed, that the King had made Lucy Walters his wife, and that, if every one had his right, her son would be Prince of Wales. Much was said of a certain black box which, according to the vulgar belief, contained the contract of marriage. When Monmouth had returned from the Low Countries with a high character for valour and conduct, and when the Duke of York was known to be a member of a church detested by the great majority of the nation, this idle story became important. For it there was not the slightest evidence. Against it there was the solemn a.s.severation of the King, made before his Council, and by his order communicated to his people. But the mult.i.tude, always fond of romantic adventures, drank in eagerly the tale of the secret espousals and the black box. Some chiefs of the opposition acted on this occasion as they acted with respect to the more odious fables of Oates, and countenanced a story which they must have despised. The interest which the populace took in him whom they regarded as the champion of the true religion, and the rightful heir of the British throne, was kept up by every artifice.

When Monmouth arrived in London at midnight, the watchmen were ordered by the magistrates to proclaim the joyful event through the streets of the City: the people left their beds: bonfires were lighted: the windows were illuminated: the churches were opened; and a merry peal rose from all the steeples. When he travelled, he was everywhere received with not less pomp, and with far more enthusiasm, than had been displayed when Kings had made progresses through the realm. He was escorted from mansion to mansion by long cavalcades of armed gentlemen and yeomen.

Cities poured forth their whole population to receive him. Electors thronged round him, to a.s.sure him that their votes were at his disposal.

To such a height were his pretensions carried, that he not only exhibited on his escutcheon the lions of England and the lilies of France without the baton sinister under which, according to the law of heraldry, they should have been debruised in token of his illegitimate birth, but ventured to touch for the king's evil. At the same time he neglected no art of condescension by which the love of the mult.i.tude could be conciliated. He stood G.o.dfather to the children of the peasantry, mingled in every rustic sport, wrestled, played at quarterstaff, and won footraces in his boots against fleet runners in shoes.

It is a curious circ.u.mstance that, at two of the greatest conjunctures in our history, the chiefs of the Protestant party should have committed the same error, and should by that error have greatly endangered their country and their religion. At the death of Edward the Sixth they set up the Lady Jane, without any show of birthright, in opposition, not only to their enemy Mary, but also to Elizabeth, the true hope of England and of the Reformation. Thus the most respectable Protestants, with Elizabeth at their head, were forced to make common cause with the Papists. In the same manner, a hundred and thirty years later, a part of the opposition, by setting up Monmouth as a claimant of the crown, attacked the rights, not only of James, whom they justly regarded as an implacable foe of their faith and their liberties, but also of the Prince and Princess of Orange, who were eminently marked out, both by situation and by personal qualities, as the defenders of all free governments and of all reformed churches.

The folly of this course speedily became manifest. At present the popularity of Monmouth const.i.tuted a great part of the strength of the opposition. The elections went against the court: the day fixed for the meeting of the Houses drew near; and it was necessary that the King should determine on some line of conduct. Those who advised him discerned the first faint signs of a change of public feeling, and hoped that, by merely postponing the conflict, he would be able to secure the victory. He therefore, without even asking the opinion of the Council of the Thirty, resolved to prorogue the new Parliament before it entered on business. At the same time the Duke of York, who had returned from Brussels, was ordered to retire to Scotland, and was placed at the head of the administration of that kingdom.

Temple's plan of government was now avowedly abandoned and very soon forgotten. The Privy Council again became what it had been. Shaftesbury, and those who were connected with him in politics resigned their seats.

Temple himself, as was his wont in unquiet times, retired to his garden and his library. Ess.e.x quitted the board of Treasury, and cast in his lot with the opposition. But Halifax, disgusted and alarmed by the violence of his old a.s.sociates, and Sunderland, who never quitted place while he could hold it, remained in the King's service.

In consequence of the resignations which took place at this conjuncture, the way to greatness was left clear to a new set of aspirants. Two statesmen, who subsequently rose to the highest eminence which a British subject can reach, soon began to attract a large share of the public attention. These were Lawrence Hyde and Sidney G.o.dolphin.

Lawrence Hyde was the second son of the Chancellor Clarendon, and was brother of the first d.u.c.h.ess of York. He had excellent parts, which had been improved by parliamentary and diplomatic experience; but the infirmities of his temper detracted much from the effective strength of his abilities. Negotiator and courtier as he was, he never learned the art of governing or of concealing his emotions. When prosperous, he was insolent and boastful: when he sustained a check, his undisguised mortification doubled the triumph of his enemies: very slight provocations sufficed to kindle his anger; and when he was angry he said bitter things which he forgot as soon as he was pacified, but which others remembered many years. His quickness and penetration would have made him a consummate man of business but for his selfsufficiency and impatience. His writings proved that he had many of the qualities of an orator: but his irritability prevented him from doing himself justice in debate; for nothing was easier than to goad him into a pa.s.sion; and, from the moment when he went into a pa.s.sion, he was at the mercy of opponents far inferior to him in capacity.

Unlike most of the leading politicians of that generation he was a consistent, dogged, and rancorous party man, a Cavalier of the old school, a zealous champion of the Crown and of the Church, and a hater of Republicans and Nonconformists. He had consequently a great body of personal adherents. The clergy especially looked on him as their own man, and extended to his foibles an indulgence of which, to say the truth, he stood in some need: for he drank deep; and when he was in a rage,--and he very often was in a rage,--he swore like a porter.

He now succeeded Ess.e.x at the treasury. It is to be observed that the place of First Lord of the Treasury had not then the importance and dignity which now belong to it. When there was a Lord Treasurer, that great officer was generally prime minister: but, when the white staff was in commission, the chief commissioner hardly ranked so high as a Secretary of State. It was not till the time of Walpole that the First Lord of the Treasury became, under a humbler name, all that the Lord High Treasurer had been.

G.o.dolphin had been bred a page at Whitehall, and had early acquired all the flexibility and the selfpossession of a veteran courtier. He was laborious, clearheaded, and profoundly versed in the details of finance.

Every government, therefore, found him an useful servant; and there was nothing in his opinions or in his character which could prevent him from serving any government. "Sidney G.o.dolphin," said Charles, "is never in the way, and never out of the way." This pointed remark goes far to explain G.o.dolphin's extraordinary success in life.

He acted at different times with both the great political parties: but he never shared in the pa.s.sions of either. Like most men of cautious tempers and prosperous fortunes, he had a strong disposition to support whatever existed. He disliked revolutions; and, for the same reason for which he disliked revolutions, he disliked counter-revolutions. His deportment was remarkably grave and reserved: but his personal tastes were low and frivolous; and most of the time which he could save from public business was spent in racing, cardplaying, and c.o.c.kfighting. He now sate below Rochester at the Board of Treasury, and distinguished himself there by a.s.siduity and intelligence.

Before the new Parliament was suffered to meet for the despatch of business a whole year elapsed, an eventful year, which has left lasting traces in our manners and language. Never before had political controversy been carried on with so much freedom. Never before had political clubs existed with so elaborate an organisation or so formidable an influence. The one question of the Exclusion occupied the public mind. All the presses and pulpits of the realm took part in the conflict. On one side it was maintained that the const.i.tution and religion of the state could never be secure under a Popish King; on the other, that the right of James to wear the crown in his turn was derived from G.o.d, and could not be annulled, even by the consent of all the branches of the legislature. Every county, every town, every family, was in agitation. The civilities and hospitalities of neighbourhood were interrupted. The dearest ties of friendship and of blood were sundered.

Even schoolboys were divided into angry parties; and the Duke of York and the Earl of Shaftesbury had zealous adherents on all the forms of Westminster and Eton. The theatres shook with the roar of the contending factions. Pope Joan was brought on the stage by the zealous Protestants.

Pensioned poets filled their prologues and epilogues with eulogies on the King and the Duke. The malecontents besieged the throne with pet.i.tions, demanding that Parliament might be forthwith convened. The royalists sent up addresses, expressing the utmost abhorrence of all who presumed to dictate to the sovereign. The citizens of London a.s.sembled by tens of thousands to burn the Pope in effigy. The government posted cavalry at Temple Bar, and placed ordnance round Whitehall. In that year our tongue was enriched with two words, Mob and Sham, remarkable memorials of a season of tumult and imposture. [21] Opponents of the court were called Birminghams, Pet.i.tioners, and Exclusionists. Those who took the King's side were Antibirminghams, Abhorrers, and Tantivies.

These appellations soon become obsolete: but at this time were first heard two nicknames which, though originally given in insult, were soon a.s.sumed with pride, which are still in daily use, which have spread as widely as the English race, and which will last as long as the English literature. It is a curious circ.u.mstance that one of these nicknames was of Scotch, and the other of Irish, origin. Both in Scotland and in Ireland, misgovernment had called into existence bands of desperate men whose ferocity was heightened by religions enthusiasm. In Scotland some of the persecuted Covenanters, driven mad by oppression, had lately murdered the Primate, had taken arms against the government, had obtained some advantages against the King's forces, and had not been put down till Monmouth, at the head of some troops from England, had routed them at Bothwell Bridge. These zealots were most numerous among the rustics of the western lowlands, who were vulgarly called Whigs. Thus the appellation of Whig was fastened on the Presbyterian zealots of Scotland, and was transferred to those English politicians who showed a disposition to oppose the court, and to treat Protestant Nonconformists with indulgence. The bogs of Ireland, at the same time, afforded a refuge to Popish outlaws, much resembling those who were afterwards known as Whiteboys. These men were then called Tories. The name of Tory was therefore given to Englishmen who refused to concur in excluding a Roman Catholic prince from the throne.

The rage of the hostile factions would have been sufficiently violent, if it had been left to itself. But it was studiously exasperated by the common enemy of both. Lewis still continued to bribe and flatter both the court and the opposition. He exhorted Charles to be firm: he exhorted James to raise a civil war in Scotland: he exhorted the Whigs not to flinch, and to rely with confidence on the protection of France.

Through all this agitation a discerning eye might have perceived that the public opinion was gradually changing. The persecution of the Roman Catholics went on; but convictions were no longer matters of course. A new brood of false witnesses, among whom a villain named Dangerfield was the most conspicuous, infested the courts: but the stories of these men, though better constructed than that of Oates, found less credit. Juries were no longer so easy of belief as during the panic which had followed the murder of G.o.dfrey; and Judges, who, while the popular frenzy was at the height, had been its most obsequious instruments, now ventured to express some part of what they had from the first thought.

At length, in October 1680, the Parliament met. The Whigs had so great a majority in the Commons that the Exclusion Bill went through all its stages there without difficulty. The King scarcely knew on what members of his own cabinet he could reckon. Hyde had been true to his Tory opinions, and had steadily supported the cause of hereditary monarchy.

But G.o.dolphin, anxious for quiet, and believing that quiet could be restored only by concession, wished the bill to pa.s.s. Sunderland, ever false, and ever shortsighted, unable to discern the signs of approaching reaction, and anxious to conciliate the party which he believed to be irresistible, determined to vote against the court. The d.u.c.h.ess of Portsmouth implored her royal lover not to rush headlong to destruction.

If there were any point on which he had a scruple of conscience or of honour, it was the question of the succession; but during some days it seemed that he would submit. He wavered, asked what sum the Commons would give him if he yielded, and suffered a negotiation to be opened with the leading Whigs. But a deep mutual distrust which had been many years growing, and which had been carefully nursed by the arts of France, made a treaty impossible. Neither side would place confidence in the other. The whole nation now looked with breathless anxiety to the House of Lords. The a.s.semblage of peers was large. The King himself was present. The debate was long, earnest, and occasionally furious. Some hands were laid on the pommels of swords in a manner which revived the recollection of the stormy Parliaments of Edward the Third and Richard the Second. Shaftesbury and Ess.e.x were joined by the treacherous Sunderland. But the genius of Halifax bore down all opposition. Deserted by his most important colleagues, and opposed to a crowd of able antagonists, he defended the cause of the Duke of York, in a succession of speeches which, many years later, were remembered as masterpieces of reasoning, of wit, and of eloquence. It is seldom that oratory changes votes. Yet the attestation of contemporaries leaves no doubt that, on this occasion, votes were changed by the oratory of Halifax. The Bishops, true to their doctrines, supported the principle of hereditary right, and the bill was rejected by a great majority. [22]

The party which preponderated in the House of Commons, bitterly mortified by this defeat, found some consolation in shedding the blood of Roman Catholics. William Howard, Viscount Stafford, one of the unhappy men who had been accused of a share in the plot, was impeached; and on the testimony of Oates and of two other false witnesses, Dugdale and Turberville, was found guilty of high treason, and suffered death.

But the circ.u.mstances of his trial and execution ought to have given an useful warning to the Whig leaders. A large and respectable minority of the House of Lords p.r.o.nounced the prisoner not guilty. The mult.i.tude, which a few months before had received the dying declarations of Oates's victims with mockery and execrations, now loudly expressed a belief that Stafford was a murdered man. When he with his last breath protested his innocence, the cry was, "G.o.d bless you, my Lord! We believe you, my Lord." A judicious observer might easily have predicted that the blood then shed would shortly have blood.

The King determined to try once more the experiment of a dissolution. A new Parliament was summoned to meet at Oxford, in March, 1681. Since the days of the Plantagenets the Houses had constantly sat at Westminster, except when the plague was raging in the capital: but so extraordinary a conjuncture seemed to require extraordinary precautions. If the Parliament were held in its usual place of a.s.sembling, the House of Commons might declare itself permanent, and might call for aid on the magistrates and citizens of London. The trainbands might rise to defend Shaftesbury as they had risen forty years before to defend Pym and Hampden. The Guards might be overpowered, the palace forced, the King a prisoner in the hands of his mutinous subjects. At Oxford there was no such danger. The University was devoted to the crown; and the gentry of the neighbourhood were generally Tories. Here, therefore, the opposition had more reason than the King to apprehend violence.

The elections were sharply contested. The Whigs still composed a majority of the House of Commons: but it was plain that the Tory spirit was fast rising throughout the country. It should seem that the sagacious and versatile Shaftesbury ought to have foreseen the coming change, and to have consented to the compromise which the court offered: but he appears to have forgotten his old tactics. Instead of making dispositions which, in the worst event, would have secured his retreat, he took up a position in which it was necessary that he should either conquer or perish. Perhaps his head, strong as it was, had been turned by popularity, by success, and by the excitement of conflict. Perhaps he had spurred his party till he could no longer curb it, and was really hurried on headlong by those whom he seemed to guide.

The eventful day arrived. The meeting at Oxford resembled rather that of a Polish Diet than that of an English Parliament. The Whig members were escorted by great numbers of their armed and mounted tenants and serving men, who exchanged looks of defiance with the royal Guards. The slightest provocation might, under such circ.u.mstances, have produced a civil war; but neither side dared to strike the first blow. The King again offered to consent to anything but the Exclusion Bill. The Commons were determined to accept nothing but the Exclusion Bill. In a few days the Parliament was again dissolved.

The King had triumphed. The reaction, which had begun some months before the meeting of the House at Oxford, now went rapidly on. The nation, indeed, was still hostile to Popery: but, when men reviewed the whole history of the plot, they felt that their Protestant zeal had hurried them into folly and crime, and could scarcely believe that they had been induced by nursery tales to clamour for the blood of fellow subjects and fellow Christians. The most loyal, indeed, could not deny that the administration of Charles had often been highly blamable. But men who had not the full information which we possess touching his dealings with France, and who were disgusted by the violence of the Whigs, enumerated the large concessions which, during the last few years he had made to his Parliaments, and the still larger concessions which he had declared himself willing to make. He had consented to the laws which excluded Roman Catholics from the House of Lords, from the Privy Council, and from all civil and military offices. He had pa.s.sed the Habeas Corpus Act. If securities yet stronger had not been provided against the dangers to which the const.i.tution and the Church might be exposed under a Roman Catholic sovereign, the fault lay, not with Charles who had invited the Parliament to propose such securities, but with those Whigs who had refused to hear of any subst.i.tute for the Exclusion Bill. One thing only had the King denied to his people. He had refused to take away his brother's birthright. And was there not good reason to believe that this refusal was prompted by laudable feelings? What selfish motive could faction itself impute to the royal mind? The Exclusion Bill did not curtail the reigning King's prerogatives, or diminish his income.

Indeed, by pa.s.sing it, he might easily have obtained an ample addition to his own revenue. And what was it to him who ruled after him? Nay, if he had personal predilections, they were known to be rather in favour of the Duke of Monmouth than of the Duke of York. The most natural explanation of the King's conduct seemed to be that, careless as was his temper and loose as were his morals, he had, on this occasion, acted from a sense of duty and honour. And, if so, would the nation compel him to do what he thought criminal and disgraceful? To apply, even by strictly const.i.tutional means, a violent pressure to his conscience, seemed to zealous royalists ungenerous and undutiful. But strictly const.i.tutional means were not the only means which the Whigs were disposed to employ. Signs were already discernible which portended the approach of great troubles. Men, who, in the time of the civil war and of the Commonwealth, had acquired an odious notoriety, had emerged from the obscurity in which, after the Restoration, they had hidden themselves from the general hatred, showed their confident and busy faces everywhere, and appeared to antic.i.p.ate a second reign of the Saints. Another Naseby, another High Court of Justice, another usurper on the throne, the Lords again ejected from their hall by violence, the Universities again purged, the Church again robbed and persecuted, the Puritans again dominant, to such results did the desperate policy of the opposition seem to tend.

Strongly moved by these apprehensions, the majority of the upper and middle cla.s.ses hastened to rally round the throne. The situation of the King bore, at this time, a great resemblance to that in which his father stood just after the Remonstrance had been voted. But the reaction of 1641 had not been suffered to run its course. Charles the First, at the very moment when his people, long estranged, were returning to him with hearts disposed to reconciliation, had, by a perfidious violation of the fundamental laws of the realm, forfeited their confidence for ever.

Had Charles the Second taken a similar course, had he arrested the Whig leaders in an irregular manner, had he impeached them of high treason before a tribunal which had no legal jurisdiction over them, it is highly probable that they would speedily have regained the ascendancy which they had lost. Fortunately for himself, he was induced, at this crisis, to adopt a policy singularly judicious. He determined to conform to the law, but at the same time to make vigorous and unsparing use of the law against his adversaries. He was not bound to convoke a Parliament till three years should have elapsed. He was not much distressed for money. The produce of the taxes which had been settled on him for life exceeded the estimate. He was at peace with all the world.

He could retrench his expenses by giving up the costly and useless settlement of Tangier; and he might hope for pecuniary aid from France.

He had, therefore, ample time and means for a systematic attack on the opposition under the forms of the const.i.tution. The Judges were removable at his pleasure: the juries were nominated by the Sheriffs; and, in almost all the counties of England, the Sheriffs were nominated by himself. Witnesses, of the same cla.s.s with those who had recently sworn away the lives of Papists, were ready to swear away the lives of Whigs.

The first victim was College, a noisy and violent demagogue of mean birth and education. He was by trade a joiner, and was celebrated as the inventor of the Protestant flail. [23] He had been at Oxford when the Parliament sate there, and was accused of having planned a rising and an attack on the King's guards. Evidence was given against him by Dugdale and Turberville, the same infamous men who had, a few months earlier, borne false witness against Stafford. In the sight of a jury of country squires no Exclusionist was likely to find favour. College was convicted. The crowd which filled the court house of Oxford received the verdict with a roar of exultation, as barbarous as that which he and his friends had been in the habit of raising when innocent Papists were doomed to the gallows. His execution was the beginning of a new judicial ma.s.sacre not less atrocious than that in which he had himself borne a share.

The government, emboldened by this first victory, now aimed a blow at an enemy of a very different cla.s.s. It was resolved that Shaftesbury should be brought to trial for his life. Evidence was collected which, it was thought, would support a charge of treason. But the facts which it was necessary to prove were alleged to have been committed in London. The Sheriffs of London, chosen by the citizens, were zealous Whigs. They named a Whig grand jury, which threw out the bill. This defeat, far from discouraging those who advised the King, suggested to them a new and daring scheme. Since the charter of the capital was in their way, that charter must be annulled. It was pretended, therefore, that the City had by some irregularities forfeited its munic.i.p.al privileges; and proceedings were inst.i.tuted against the corporation in the Court of King's Bench. At the same time those laws which had, soon after the Restoration, been enacted against Nonconformists, and which had remained dormant during the ascendency of the Whigs, were enforced all over the kingdom with extreme rigour.

Yet the spirit of the Whigs was not subdued. Though in evil plight, they were still a numerous and powerful party; and as they mustered strong in the large towns, and especially in the capital, they made a noise and a show more than proportioned to their real force. Animated by the recollection of past triumphs, and by the sense of present oppression, they overrated both their strength and their wrongs. It was not in their power to make out that clear and overwhelming case which can alone justify so violent a remedy as resistance to an established government.

Whatever they might suspect, they could not prove that their sovereign had entered into a treaty with France against the religion and liberties of England. What was apparent was not sufficient to warrant an appeal to the sword. If the Lords had thrown out the Exclusion Bill, they had thrown it out in the exercise of a right coeval with the const.i.tution.

If the King had dissolved the Oxford Parliament, he had done so by virtue of a prerogative which had never been questioned. If he had, since the dissolution, done some harsh things, still those things were in strict conformity with the letter of the law, and with the recent practice of the malecontents themselves. If he had prosecuted his opponents, he had prosecuted them according to the proper forms, and before the proper tribunals. The evidence now produced for the crown was at least as worthy of credit as the evidence on which the n.o.blest blood of England had lately been shed by the opposition. The treatment which an accused Whig had now to expect from judges, advocates, sheriffs, juries and spectators, was no worse than the treatment which had lately been thought by the Whigs good enough for an accused Papist. If the privileges of the City of London were attacked, they were attacked, not by military violence or by any disputable exercise of prerogative, but according to the regular practice of Westminster Hall. No tax was imposed by royal authority. No law was suspended. The Habeas Corpus Act was respected. Even the Test Act was enforced. The opposition, therefore, could not bring home to the King that species of misgovernment which alone could justify insurrection. And, even had his misgovernment been more flagrant than it was, insurrection would still have been criminal, because it was almost certain to be unsuccessful.

The situation of the Whigs in 1682 differed widely from that of the Roundheads forty years before. Those who took up arms against Charles the First acted under the authority of a Parliament which had been legally a.s.sembled, and which could not, without its own consent, be legally dissolved. The opponents of Charles the Second were private men.

Almost all the military and naval resources of the kingdom had been at the disposal of those who resisted Charles the First. All the military and naval resources of the kingdom were at the disposal of Charles the Second. The House of Commons had been supported by at least half the nation against Charles the First. But those who were disposed to levy war against Charles the Second were certainly a minority. It could hardly be doubted, therefore, that, if they attempted a rising, they would fail. Still less could it be doubted that their failure would aggravate every evil of which they complained. The true policy of the Whigs was to submit with patience to adversity which was the natural consequence and the just punishment of their errors, to wait patiently for that turn of public feeling which must inevitably come, to observe the law, and to avail themselves of the protection, imperfect indeed, but by no means nugatory, which the law afforded to innocence. Unhappily they took a very different course. Unscrupulous and hot-headed chiefs of the party formed and discussed schemes of resistance, and were heard, if not with approbation, yet with the show of acquiescence, by much better men than themselves. It was proposed that there should be simultaneous insurrections in London, in Cheshire, at Bristol, and at Newcastle.

Communications were opened with the discontented Presbyterians of Scotland, who were suffering under a tyranny such as England, in the worst times, had never known. While the leaders of the opposition thus revolved plans of open rebellion, but were still restrained by fears or scruples from taking any decisive step, a design of a very different kind was meditated by some of their accomplices. To fierce spirits, unrestrained by principle, or maddened by fanaticism, it seemed that to waylay and murder the King and his brother was the shortest and surest way of vindicating the Protestant religion and the liberties of England.

A place and a time were named; and the details of the butchery were frequently discussed, if not definitely arranged. This scheme was known but to few, and was concealed with especial care from the upright and humane Russell, and from Monmouth, who, though not a man of delicate conscience, would have recoiled with horror from the guilt of parricide.

Thus there were two plots, one within the other. The object of the great Whig plot was to raise the nation in arms against the government. The lesser plot, commonly called the Rye House Plot, in which only a few desperate men were concerned, had for its object the a.s.sa.s.sination of the King and of the heir presumptive.

Both plots were soon discovered. Cowardly traitors hastened to save themselves, by divulging all, and more than all, that had pa.s.sed in the deliberations of the party. That only a small minority of those who meditated resistance had admitted into their minds the thought of a.s.sa.s.sination is fully established: but, as the two conspiracies ran into each other, it was not difficult for the government to confound them together. The just indignation excited by the Rye House Plot was extended for a time to the whole Whig body. The King was now at liberty to exact full vengeance for years of restraint and humiliation.

Shaftesbury, indeed, had escaped the fate which his manifold perfidy had well deserved. He had seen that the ruin of his party was at hand, had in vain endeavoured to make his peace with the royal brothers, had fled to Holland, and had died there, under the generous protection of a government which he had cruelly wronged. Monmouth threw himself at his father's feet and found mercy, but soon gave new offence, and thought it prudent to go into voluntary exile. Ess.e.x perished by his own hand in the Tower. Russell, who appears to have been guilty of no offence falling within the definition of high treason, and Sidney, of whose guilt no legal evidence could be produced, were beheaded in defiance of law and justice. Russell died with the fort.i.tude of a Christian, Sidney with the fort.i.tude of a Stoic. Some active politicians of meaner rank were sent to the gallows. Many quitted the country. Numerous prosecutions for misprision of treason, for libel, and for conspiracy were inst.i.tuted. Convictions were obtained without difficulty from Tory juries, and rigorous punishments were inflicted by courtly judges. With these criminal proceedings were joined civil proceedings scarcely less formidable. Actions were brought against persons who had defamed the Duke of York and damages tantamount to a sentence of perpetual imprisonment were demanded by the plaintiff, and without difficulty obtained. The Court of King's Bench p.r.o.nounced that the franchises of the City of London were forfeited to the Crown. Flushed with this great victory, the government proceeded to attack the const.i.tutions of other corporations which were governed by Whig officers, and which had been in the habit of returning Whig members to Parliament. Borough after borough was compelled to surrender its privileges; and new charters were granted which gave the ascendency everywhere to the Tories.

These proceedings, however reprehensible, had yet the semblance of legality. They were also accompanied by an act intended to quiet the uneasiness with which many loyal men looked forward to the accession of a Popish sovereign. The Lady Anne, younger daughter of the Duke of York by his first wife, was married to George, a prince of the orthodox House of Denmark. The Tory gentry and clergy might now flatter themselves that the Church of England had been effectually secured without any violation of the order of succession. The King and the heir presumptive were nearly of the same age. Both were approaching the decline of life. The King's health was good. It was therefore probable that James, if he came to the throne, would have but a short reign. Beyond his reign there was the gratifying prospect of a long series of Protestant sovereigns.

The liberty of unlicensed printing was of little or no use to the vanquished party; for the temper of judges and juries was such that no writer whom the government prosecuted for a libel had any chance of escaping. The dread of punishment therefore did all that a censorship could have done. Meanwhile, the pulpits resounded with harangues against the sin of rebellion. The treatises in which Filmer maintained that hereditary despotism was the form of government ordained by G.o.d, and that limited monarchy was a pernicious absurdity, had recently appeared, and had been favourably received by a large section of the Tory party.

The university of Oxford, on the very day on which Russell was put to death, adopted by a solemn public act these strange doctrines, and ordered the political works of Buchanan, Milton, and Baxter to be publicly burned in the court of the Schools.

Thus emboldened, the King at length ventured to overstep the bounds which he had during some years observed, and to violate the plain letter of the law. The law was that not more than three years should pa.s.s between the dissolving of one Parliament and the convoking of another.

But, when three years had elapsed after the dissolution of the Parliament which sate at Oxford, no writs were issued for an election.

This infraction of the const.i.tution was the more reprehensible, because the King had little reason to fear a meeting with a new House of Commons. The counties were generally on his side; and many boroughs in which the Whigs had lately held sway had been so remodelled that they were certain to return none but courtiers.

In a short time the law was again violated in order to gratify the Duke of York. That prince was, partly on account of his religion, and partly on account of the sternness and harshness of his nature, so unpopular that it had been thought necessary to keep him out of sight while the Exclusion Bill was before Parliament, lest his appearance should give an advantage to the party which was struggling to deprive him of his birthright. He had therefore been sent to govern Scotland, where the savage old tyrant Lauderdale was sinking into the grave. Even Lauderdale was now outdone. The administration of James was marked by odious laws, by barbarous punishments, and by judgments to the iniquity of which even that age furnished no parallel. The Scottish Privy Council had power to put state prisoners to the question. But the sight was so dreadful that, as soon as the boots appeared, even the most servile and hardhearted courtiers hastened out of the chamber. The board was sometimes quite deserted: and it was at length found necessary to make an order that the members should keep their seats on such occasions. The Duke of York, it was remarked, seemed to take pleasure in the spectacle which some of the worst men then living were unable to contemplate without pity and horror. He not only came to Council when the torture was to be inflicted, but watched the agonies of the sufferers with that sort of interest and complacency with which men observe a curious experiment in science. Thus he employed himself at Edinburgh, till the event of the conflict between the court and the Whigs was no longer doubtful. He then returned to England: but he was still excluded by the Test Act from all public employment; nor did the King at first think it safe to violate a statute which the great majority of his most loyal subjects regarded as one of the chief securities of their religion and of their civil rights.

When, however, it appeared, from a succession of trials, that the nation had patience to endure almost anything that the government had courage to do, Charles ventured to dispense with the law in his brother's favour. The Duke again took his seat in the Council, and resumed the direction of naval affairs.

These breaches of the const.i.tution excited, it is true, some murmurs among the moderate Tories, and were not unanimously approved even by the King's ministers. Halifax in particular, now a Marquess and Lord Privy Seal, had, from the very day on which the Tories had by his help gained the ascendant, begun to turn Whig. As soon as the Exclusion Bill had been thrown out, he had pressed the House of Lords to make provision against the danger to which, in the next reign, the liberties and religion of the nation might be exposed. He now saw with alarm the violence of that reaction which was, in no small measure, his own work. He did not try to conceal the scorn which he felt for the servile doctrines of the University of Oxford. He detested the French alliance.

He disapproved of the long intermission of Parliaments. He regretted the severity with which the vanquished party was treated. He who, when the Whigs were predominant, had ventured to p.r.o.nounce Stafford not guilty, ventured, when they were vanquished and helpless, to intercede for Russell. At one of the last Councils which Charles held a remarkable scene took place. The charter of Ma.s.sachusetts had been forfeited. A question arose how, for the future, the colony should be governed. The general opinion of the board was that the whole power, legislative as well as executive, should abide in the crown. Halifax took the opposite side, and argued with great energy against absolute monarchy, and in favour of representative government. It was vain, he said, to think that a population, sprung from the English stock, and animated by English feelings, would long bear to be deprived of English inst.i.tutions. Life, he exclaimed, would not be worth having in a country where liberty and property were at the mercy of one despotic master. The Duke of York was greatly incensed by this language, and represented to his brother the danger of retaining in office a man who appeared to be infected with all the worst notions of Marvell and Sidney.

Some modern writers have blamed Halifax for continuing in the ministry while he disapproved of the manner in which both domestic and foreign affairs were conducted. But this censure is unjust. Indeed it is to be remarked that the word ministry, in the sense in which we use it, was then unknown. [24] The thing itself did not exist; for it belongs to an age in which parliamentary government is fully established. At present the chief servants of the crown form one body. They are understood to be on terms of friendly confidence with each other, and to agree as to the main principles on which the executive administration ought to be conducted. If a slight difference of opinion arises among them, it is easily compromised: but, if one of them differs from the rest on a vital point, it is his duty to resign. While he retains his office, he is held responsible even for steps which he has tried to dissuade his colleagues from taking. In the seventeenth century, the heads of the various branches of the administration were bound together in no such partnership. Each of them was accountable for his own acts, for the use which he made of his own official seal, for the doc.u.ments which he signed, for the counsel which he gave to the King. No statesman was held answerable for what he had not himself done, or induced others to do.

If he took care not to be the agent in what was wrong, and if, when consulted, he recommended what was right, he was blameless. It would have been thought strange scrupulosity in him to quit his post, because his advice as to matters not strictly within his own department was not taken by his master; to leave the Board of Admiralty, for example, because the finances were in disorder, or the Board of Treasury because the foreign relations of the kingdom were in an unsatisfactory state. It was, therefore, by no means unusual to see in high office, at the same time, men who avowedly differed from one another as widely as ever Pulteney differed from Walpole, or Fox from Pitt.

The moderate and const.i.tutional counsels of Halifax were timidly and feebly seconded by Francis North, Lord Guildford who had lately been made Keeper of the Great Seal. The character of Guildford has been drawn at full length by his brother Roger North, a most intolerant Tory, a most affected and pedantic writer, but a vigilant observer of all those minute circ.u.mstances which throw light on the dispositions of men. It is remarkable that the biographer, though he was under the influence of the strongest fraternal partiality, and though he was evidently anxious to produce a flattering likeness, was unable to portray the Lord Keeper otherwise than as the most ign.o.ble of mankind. Yet the intellect of Guildford was clear, his industry great, his proficiency in letters and science respectable, and his legal learning more than respectable. His faults were selfishness, cowardice, and meanness. He was not insensible to the power of female beauty, nor averse from excess in wine. Yet neither wine nor beauty could ever seduce the cautious and frugal libertine, even in his earliest youth, into one fit of indiscreet generosity. Though of n.o.ble descent, he rose in his profession by paying ignominious homage to all who possessed influence in the courts. He became Chief Justice of the Common Pleas, and as such was party to some of the foulest judicial murders recorded in our history. He had sense enough to perceive from the first that Oates and Bedloe were impostors: but the Parliament and the country were greatly excited: the government had yielded to the pressure; and North was not a man to risk a good place for the sake of justice and humanity. Accordingly, while he was in secret drawing up a refutation of the whole romance of the Popish plot, he declared in public that the truth of the story was as plain as the sun in heaven, and was not ashamed to browbeat, from the seat of judgment, the unfortunate Roman Catholics who were arraigned before him for their lives. He had at length reached the highest post in the law.

But a lawyer, who, after many years devoted to professional labour, engages in politics for the first time at an advanced period of life, seldom distinguishes himself as a statesman; and Guildford was no exception to the general rule. He was indeed so sensible of his deficiencies that he never attended the meetings of his colleagues on foreign affairs. Even on questions relating to his own profession his opinion had less weight at the Council board than that of any man who has ever held the Great Seal. Such as his influence was, however, he used it, as far as he dared, on the side of the laws.

The chief opponent of Halifax was Lawrence Hyde, who had recently been created Earl of Rochester. Of all Tories, Rochester was the most intolerant and uncompromising. The moderate members of his party complained that the whole patronage of the Treasury, while he was First Commissioner there, went to noisy zealots, whose only claim to promotion was that they were always drinking confusion to Whiggery, and lighting bonfires to burn the Exclusion Bill. The Duke of York, pleased with a spirit which so much resembled his own supported his brother in law pa.s.sionately and obstinately.

The attempts of the rival ministers to surmount and supplant each other kept the court in incessant agitation. Halifax pressed the King to summon a Parliament, to grant a general amnesty, to deprive the Duke of York of all share in the government, to recall Monmouth from banishment, to break with Lewis, and to form a close union with Holland on the principles of the Triple Alliance. The Duke of York, on the other hand, dreaded the meeting of a Parliament, regarded the vanquished Whigs with undiminished hatred, still flattered himself that the design formed fourteen years before at Dover might be accomplished, daily represented to his brother the impropriety of suffering one who was at heart a Republican to hold the Privy Seal, and strongly recommended Rochester for the great place of Lord Treasurer.