•^" '■'^. "-'^A^'.* <^^ ' -'-'/*-. ?*.''_ ■'^^ v*"^ N^ -;< :^^ .x^ '-^.^ .-^ ly^" s*. ,\V' -f-.r. 3o. •'^^. .^v^'' ■/•% ^ ^^^^ -^r. ^,<^:::-^.% o^.v:;:^.^ c^"^^":'*'.-^ Av .0 0^ .^^ v rO^ V " " ■ ♦ -^ ,'^/;^^%^"^)^^"...^, -c..^^'" : ^^^.v^.^v>^/./ ^ ir 'oo* * ^ 3 c- -^^ ^"^ V ^ .0' ,xV '-^^ '( .^ .>^ 5^'J : xo^.. :/ ^ /^ ll5#i J ..\ •"cP^-- ^'S. ^ '4w"\ -./:-i^-4^-% ;<•-'-> 0*°— .X''^\>^,..A i*-''''%v « -, -/' " ' •^oo^ ^ ,0 o^ OQ^ ;>./.'-^^ ^>o. \£ ■.^ ^. . ^ .0' ,^^ A .. "O. •^^ .^^"^ ,^%4^,^ ^^^• -^^V %, 7,."^ o-' v< *0«*' X* .?^%. Charles James Fox ////■/ ■ /ffr//f'//.j //'/A/r.j/ -j/r'/ ///.J //// ■ • /j // ////. //•/// A-// f //■ // /.J //r^f// '■(/' . ,- ^/ Ku-l.anl Fn/.i..-.lr.,-k. A HISTORY O F THE EARLY PART OF THE REIGN OF JAMES THE SECOND; WITH AN INTRODUCTORY CHAPTER. BY THE RIGHT HON. CHARLES JAMES FOX. TO WHICH IS ADDED AN APPENDIX. LONDON: PRINTED FOR WILLIAM MILLER, ALBEM ARLE-STREET : BY W. SULMEB AND CO. CLEVELAND-ROW. 1808. THE LIBRA ' )F CONGREti WAJHlNOTCUr 3 SSI 3^ f^'^^f TO THE READER. jVIr. Fox was for some years engaged in an historical Work, which he did not live to complete. The curiosity excited by the knowledge that he was so employed, would be sufficient to justify the publication of any Frag- ment of his labours, even if it had been found in a more unfinished state than the Chapters which compose the body of this volume. It is, therefore, conceived, that although the work is incomplete, any apology would be misplaced, and that in fact, I only fulfil the wishes of the public, in laying before them all that can now be obtained of a history so earnestly expected from the pen of Mr. Fox. An explanation, however, of the circumstances at- tending a posthumous publication, if not necessary for the satisfaction of the reader, is due to the memory and reputation of the author himself. Some notion of what ii TO THE READER. he projected, seems requisite towards forming an esti- mate of what he performed ; and in this instance, the rumours formerly circulated concerning the nature of his undertaking, and the materials which he had col- lected, render indispensable, a short statement of his intentions, and of the manner in which he prosecuted his researches. It will be yet more necessary to explain the state in which the manuscript was found, and the course which has been pursued in printing a work, respecting which no positive injunctions were ever received from the author. The precise period at which Mr. Fox first formed the design of writing a history, cannot be ascertained. In the year 1797, he announced publickly his intention of devoting " a greater'' portion of his time to his pri- " vate pursuits :" He was even on the point of relin- quishing his seat in Parliament, and retiring altogether from publick life ; a plan which he had formed many years before, and to the execution of which he always looked forward with the greatest delight. The remon- strances, however, of those friends, for whose judgment he had the greatest deference, ultimately prevailed. He consequently confined his scheme of retreat to a more uninterrupted residence in the country, than he had hitherto permitted himself to enjoy. During his retire- ment, that love of literature, and fondness for poetry, * Vide Parliamentary Debates, May 26, 1797. TO THE READER. iii which neither pleasure nor business had ever extin- guished, revived with an ardour, such as few in the eagerness of youth, or in pursuit of fame or advantage, are capable of feeling. For some time, however, his studies were not directed to any particular object. Such was the happy disposition of his mind, that his own re- flections, whether supplied by conversation, desultory reading, or the common occurrences of a life in the country, were always sufficient to call forth the vigour and exertion of his faculties. Intercourse witb the world had so little deadened in him the sense of the simplest enjoyments, that even in the hours of apparent leisure and inactivity, he retained that keen relish of existence, which, after the first impressions of life, is so rarely excited but by great interests and strong passions. Hence it was, that in the interval between his active attendance in Parliament, and the undertaking of his History, he never felt the tedium of a vacant day. A verse in Cowper, which he frequently repeated, How various his employments whom the world Calls idle I was an accurate description of the life he was then lead-^ ing ; and I am persuaded, that if he had consulted his own gratifications only, it would have continued to be so. The circumstances which led him once more to take an active part in publick discussions, are foreign to the purposes of this Preface. It is sufficient to remark,. iv TO THE READER. that they could not be foreseen, and that his notion of engaging in some literary undertaking was adopted during his retirement, and with the prospect of long and uninterrupted leisure before him. When he had deter- mined upon employing some part of it in writing, he was, no doubt, actuated by a variety of considerations, in the choice of the task he should undertake. His phi- losophy had never rendered him insensible to the gra- tification which the hope of posthumous fame so often produces in great minds ; and, though criticism might be more congenial to the habits and amusements of his retreat, an historical work seemed more of a piece with the tenour of his former life, and might prove of greater benefit to the publick, and to posterity. These motives, together with his intimate knowledge of the English Constitution, naturally led him to prefer the history of his own country, and to select a period favourable to the illustration of the great general principles of freedom, on which it is founded ; for his attachment to those prin- ciples, the result of practical observation, as well as philosophical reflection, far from having abated, had ac- quired new force and fresh vigour in his retirement. With these views, it was almost impossible that he should not fix on the Revolution of 1688. The event was cheering and animating. It was the most signal triumph of that cause to which his publick life had been devoted ; and in a review of its progress, he could not TO THE READER. v fail to recognize those principles which had regulated his own political conduct. But the choice of that period was recommended hy yet higher considerations ; the desire of rescuing from misrepresentation, the most glorious transaction of our history ; the opportunity of instructing his countrymen in the real nature of their Constitution ; and the hope of impressing on mankind those lessons applicable to all times, which are to be drawn from that memorable occurrence. The manner in which the most popular historians, and other writers of eminence, had treated the subject, was likely to stimulate him more strongly to such an undertaking. It could not escape the observation of Mr. Fox, that some, from the bias of their individual opinions, had given a false colour to the whole trans- action ; that others had wilfully distorted the facts to serve some temporary purpose ; and that Bolingbroke, in particular, had confounded the distinct and even op- posite views of the two leading parties, who, though they concurred in the measure, retained even in their union, all their respective tenets and fundamental dis- tinctions. According to his first crude conceptions of the work, it would, as far as I recollect, have begun at the Revo- lution; but he altered his mind, after a careful perusal of the latter part of Hume's history. An apprehen- sion of the false impressions which that great historian's vi TO THE READER. partiality, might have left on the mind of his readers, induced him to go back to the accession of King James the Second, and even to prefix an Introductory Chapter, on the character and leading events of the times im- mediately preceding. From the moment his labour commenced, he gene- rally spoke of his plan as extending no further than the settlement at the Revolution. His friends, however, were not without hopes, that the habit of composition might engage him more deeply in literary undertakings, or that the different views which the course of his en- quiries would open, might ultimately allure him on further in the history of his country. Some casual ex- pressions, both in conversation and correspondence, seemed to imply that the possibility of such a result was not entirely out of his own contemplation. He acknow- ledged that some papers which I had the good fortune to procure in Spain, " though they did not relate to his " period exactly, might be very useful to him, and at all " events entertaining; nay, possibly, that they might " make him go on further than he intended." ' — As his work advanced, his allusions to various literary pro- jects, such as an edition of Dryden, a Defence of Racine and the French Stage, Essay on the Beauties of Euripi- des, kc. kc. became more frequent, and were more confidently expressed. In a letter written to me in * MS. Coirespondence. TO THE READER vli 1803, after observing, that a modern writer did not sufficiently admire Racine, he adds — " It puts me *' quite in a passion. Je veux contre eux fair e un jour *' un gros livre, as Voltaire says. Even Dryden, who ** speaks with proper respect of Corneille, vilipends'^ *' Racine. If ever I publish my edition of his works, I ** will give it him for it, you may depend. Oh how I ** wish that I could make up my mind to think it right, '* to devote all the remaining part of my life to such *' subjects, and such only! Indeed I rather think I '* shall ; and yet, if there were a chance of re-establish- ** ing a strong Whig party, (however composed,) " Non adeo has exosa manus victoria fugit " Ut tanta quicquam pro spe tentare recusem." Even while his undertaking was yet fresh, in the course of an enquiry into some matters relating to tJie trial of Somerset, in King James the First's reign, he says to his correspondent, " But what is all this, you will *' say, to my history? Certainly nothing; butonehisto- *' rical enquiry leads to another; and I recollect that the '* impression upon my mind was, that there was more " reason than is generally allowed, for suspecting " that Prince Henry was poisoned by Somerset, and •* that the King knew of it after the fact. This is not, ** to be sure, to my present purpose ; but I have thought * Mr. Fox often used this word in ridicule of pedantic expressions. viii TO THE READER. " of prefixing to my work, if it ever should be finished, " a disquisition upon Hume's History of the Stewarts, *' and in no part of it would his partiality appear stron- " ger, than in James the First."* About the same time, he talked of writing, either in the form of a dedication, or dialogue, a treatise on the three arts of Poetry, History, and Oratory; which, to my surprize, he classed in the order I have related. The plan of such a work seemed, in a great measur^, to be digested in his head, and from the sketch he drew of his design to me, it would, if completed, have been an invaluable monument of the great origi- nality of thought, and singular philosophical acuteness, with which he was accustomed to treat of such sub- jects in his most careless conversations. But though a variety of literary projects might occasionally come across him, he was very cautious of promising too much ; for he was aware, that whatever he undertook, his progress in it would necessarily be extremely slow. He could not but foresee, that as new events arose, his friends would urge him to return to politicks ; and though his own inclinations might enable him to resist their entreaties, the very discussion on the propriety of yielding, would produce an attention to the state of publick affairs, and divert him in some degree from the pursuit in which he was engaged. But it was yet * MS Correspondence to Lord Lauderdale. TO THE READER. k more diJBScult to fortify himself against the seductions of his own inclination, which was continually drawing him off from his historical researches, to critical enqui- ries, to the study of the classicks, and to works of imagi- nation and poetry. Abundant proof exists of the effect of these interruptions, both on his labours and on his mind. His letters are filled with complaints, of such as arose from politicks, while he speaks with delight and complacency of whole days devoted to Euripides and Virgil. The scale which his various pursuits occupied in his estimation, is very naturally described in several of his letters. And as it is not entirely foreign to the purpose of this Preface, my readers may not be displeased with the insertion of one, as a specimen of his familiar cor- respondence. *' Dear Grey, ** In defence of my opinion about the nightingales, I *' find Chaucer, who of all poets seems to have been the *' fondest of the singing of birds, calls it a merry note ; *' and though Theocritus mentions nightingales six or " seven times, he never mentions their note as plain- " tive or melancholy. It is true, he does not call it *' any where merry, as Chaucer does; but by mention- ** ing it with the song of the blackbird, and as answer- '* ing it, beseems to imply, that it was a chearful note. b X TO THE READER. " Sophocles is against us ; but even he says, lamenting " Itys, and the comparison of her to Electra, is rather as " to perseverance day and night, than as to sorrow. At " all events, a tragick poet is not half so good authority *' in this question, as Theocritus and Chaucer. I can- '' not light upon the passage in the Odyssey, where ** Penelope's restlessness is compared to the nightingale; " but I am sure that it is only as to restlessness and *' watchfulness, that he makes the comparison. If you ' ' will read the last twelve books of the Odyssey, you will ' ' certainly find it, and I am sure you will be paid for your '' hunt, whether you find it or not. The passage in " Chaucer is in the Flower and Leaf, p. 99. The one " I particularly allude to in Theocritus, is in his Epi- " grams, I think in the fourth. Dryden has transferred " the word merry to the goldfinch, in the Flower and " the Leaf; in deference, may be, to the vulgar error; '' but pray read his description of the nightingale there: " It is quite delightful. I am afraid I like these re- " searches as much better than those that relate to " Shaftesbury, Sunderland, &:c. as I do those better " than attending the House of Commons. " Your's, affectionately, - C. J. FOX." The fact is, he struggled so little against such incli- nations, that when pressed to sacrifice his Greek studies TO THE READER. xi for a time, he answers, " I have no thoughts of throw- ** ing away my Greek books, and would give up the " whole plan if I thought it incompatible with my *' giving a little time to them."* But it was not merely the interference of other occu- pations, whether of business or amusement, that im- peded the progress of his work. He knew by experience, that he was as slow in com- position, as he was rapid in publick speaking. He had employed many days in writing his Letter to the Electors of Westminster, in 1793; and even the publication of his Speecht on the late Duke of Bedford, (the only in- stance in which he ever revised what he had delivered in publick,) occupied a greater portion of his time than couldbeeasilyimagined,bythose who were unacquainted with his scrupulous attention to all the niceties of language. In addition to these circumstances he soon * MS. Correspondence. t Having mentioned these works, I take this opportunity of adding, that, with the exception of the 14th, I6th, and perhaps a few other num- bers of a periodical publication in 1779, called the Englishman, and an Epitaph on the late Bishop of Downe, they are the only pieces of prose he ever printed ; unless indeed, one were to reckon his Advertisements to Electors, and the Parliamentary Papers which he may have drawn up. There are several specimens of his composition inverse, in different lan- guages : but the Lines on Mrs. Crewe, and those to Mrs. Fox, on his birth- day, are, as far as I recollect, all that have been printed. An Ode to Poverty, and an Epigram upon Gibbon, though very generally attributed to him, are certainly not his compositions. xii TO THE READER. perceived that his scrupulous exactness, with respect to all the circumstances of any fact which he was obliged either to relate or advert to, would retard him by the multiplicity and minuteness of the researches it would occasion. — " History goes on, (he remarked,) but it goes " on very slowly. The fact is, I am a very slow writer, " but I promise I will persevere. I believe I am too " scrupulous both about language and facts; though *' with respect to the latter, it is hardly possible. It is " astonishing how many facts one finds related, for " which there is no authority whatever. Tradition, ^* you will say, does in some cases, but it will not apply '* toothers."* Even while he was employed in the Introduction, in which " as it was rather a discussion alluding to known '* facts, than a minute enquiry into disputed points," * he acknowledged that '* it was not so important to be *' exact to a nicety;" he nevertheless found some diffi- culty in tracing the information of historians to their original sources. Upon this, as upon all other occasions, where he stood in need of active assistance, he had re- course to the advice and friendship of Lord Lauderdale; and the following letter was the first step he took in those researches, which, after a long series of enquiries, enabled him both to ascertain the nature, and the fate of the Scotch College Manuscripts, and to procure a * MS. Correspondence. TO THE READER. xiii valuable collection of papers from the Depot of Foreign Affairs at Paris. To the Earl 0/ Lauderdale," ** Dear Lauderdale, '' I am seriously thinking of becoming an historian, ** and have indeed begun; but my progress hitherto is *' so little, that it is not worth mentioning, except upon *' the principle oi dimidium qui cepit. As to what people ** may expect, I know not. If much, they will be dis- *' appointed; but I certainly do not intend to decline '* the labour of any search, which I am able to make, ** and much less to refuse any assistance I can have in •' such research. I hope, therefore, you will not be ** satisfied with merely recommending to me to make *' use of assistance, but give me some hint of what na- ** ture, and from whom I may get it. To enable you to *' do this better, it is necessary to inform you, that the '* death of Charles the Second is the period from which " I commence my history ; though in my Introduction, '* I take a pretty full review of his reign, and conse- " quently, should be glad enough to get new lights with " regard to it. Even this Introductory Chapter, how- ** ever, is not yet finished. Next, it is fit you should ** know, that so far from having as yet examined, or even " looked into any manuscript papers, or other documents * This letter was written in the beginning of the year 1800. xiv TO THE READER. "not generally known, I do not even know where any " such exist, and, therefore, any information on that " head will be very welcome. I find one of my greatest *' difficulties to be, how to discover the authorities upon " which historians advance their facts, for they very " often do not refer to them. Hitherto, where I am •' only taking a cursory review, this is of no great im- " portance. But in regard to the Popish and Rye-house " plots particularly, I find both Rapin and Hume ad- " vancing so many facts, for which I cannot guess their " authorities, that if I were to give a regular history of " these transactions, I should be much puzzled. Now, " when I am under difficulties of this sort, can you " either direct me to whom I can apply for a solution " of them? or if I send queries to you, can you give " me answers to them ?" With both the above requests Lord Lauderdale com- plied ; and by his own diligence, and the assistance of Mr. Laing, was enabled to transmit to Mr. Fox much useful information. In a very short time afterwards that Gentleman published his History of Scotland, a work which Mr. Fox emphatically termed " a treasure," and which so animated his labours, by opening new sources of information, and new views of transactions, that at no period was he so ardent in the prosecution of his plan, as when fresh from the perusal of that valuable TO THE READER. xv performance. The advantages he derived from it he frequently declared to be incalculable ; and it certainly was not among the least, that it afforded him an oppor- tunity of cukivating the friendship of the Author, and consulting him on many points connected with his own undertaking. As the early part of his correspondence is of a general nature, I subjoin his first letter, and an extract from the second. To Malcolm Laing, Esq. " Sir, *' I ought long since to have acknowledged the re- " ceipt of your History of Scotland, and to have re- " turned you my thanks for your early communication " to me of that excellent work. It has given me the " greatest satisfaction; anjd there are several points re- *' lating to English history in it, which you appear to me " to have cleared up much more than any other of those " historians who have professedly treated of them. " What you say in answer to Hume, upon the sub- '^ ject of Glamorgan's powers, is quite conclusive; but " I rather regret that you have not taken notice of " that part of his argument which is built upon what " he calls Glamorgan's defeazance, and which is the *' most plausible part of it. " In Charles the Second's reign, I observe that you '* do not mention the atrocious case of Wier, which xvi TO THE READER. ** Hume details; but that which you say of Laurie of •' Blackwood is very like what he relates of Wier. *' Would it be too much trouble to ask of you to let me *' know whether Hume's statement of Wier is a correct oner *' I had detected the trick of Hume's theatrical and ** false representation of Charles the First hearing the '* noise of his scaffold, but did not know that he had had *' Herbert's authentick account so lately under his eye. ** In general, I think you treat him (Hume) too tenderly. *' He was an excellent man, and of great powers of *' mind, but his partiality to kings and princes is into- *' lerable. Nay, it is, in my opinion, quite ridiculous, '* and is more like the foolish admiration which women *' and children sometimes have for kings, than the ** opinion, right or wrong, of a philosopher. " I wanted no conviction on the point of Ossian ; *' but if I had, you afford abundance. " Whether your book, coming out at a period when ** the principles upon it which appears to be written are " becoming so unfashionable, will be a popular one or " not, I know not ; but to all who wish to have a true *' knowledge of the history of your country, it is a most ** valuable acquisition, and will serve to counteract " the mischief which Hume, Dalrymple, Macpherson, *' Somervile, and others of your countrymen have *' done. You will easily believe that I do not class TO THE READER. xvii ** Hume with the others, except as to the bad tendency " of their representations. *' I shall desire my friend, Lord Lauderdale, to *' transmit this to you. ** I am, with great regard, - Sir, *' Your most obedient Servant, St. Anne's Hill, n Q T JTQX *' Sept. 24, 1800. ' ^' Extract from a Second Letter to Mr. Laing. *' Many thanks to you, my dear Sir, for yours of the '* 10th. I have found the place in Ralph, and a great *' deal more important matter relative to the transac- " tions of those times, which is but slightly touched by *' other historians. I am everyday more and more sur- " prized, that Ralph should have had so much less re- " putation as an historian than he seems to deserve. " I will trouble you freely when I shall have far- " ther questions to ask; but I should take it very ill ' ' if you were so to confine your answer to mere matter " of reference, as not to give me your opinion, when " you form any, upon the points in question." A correspondence ensued, from which it appears that he took indefatigable pains to investigate the autho- rity for every assertion in the writers he consulted, and to correct the slightest variation in their accounts, c xviu TO THE READER. though apparently of little importance. Before he drew any inference whatever, the weight of evidence was so carefully balanced in his mind, that the authority for each particular circumstance was separately exa- mined, and distinctly ascertained. Indeed the necessity and even use of such extreme circumspection, such scrupulous sifting of his most minute materials, might at first sight appear questionable. But many parts of the work are sufficient to prove that such labours were far from being fruitless. An instance is easily selected. His enquiries concerning the seizure and execution of the Earl of Argyle, are contained in the correspondence with Mr. Laing, and they are of the nature I have de- scribed; but on reading his narrative of those events, the advantages he derived from the circumstantial minute- ness of his materials, will not be found less striking, than his diligence in procuring and analyzing them. One of the earliest and greatest difficulties that he encountered in the course of his labours, arose from the manner in which Mr. Macpherson and Sir J. Dal- rymple had explained and conducted their respective publications, and which he always considered as un- satisfactory. His complaints of both these authors were frequent; and the more he examined and studied their books, the more he perceived the necessity of making some further researches. He was anxious, if possible, to consult the original documents from which TO THE READER. xix their extracts were made; and he was at first apprehen- sive, that nothing short of an examination of all the manuscripts of the Scotch College at Paris, could enable him to determine the degree of credit due to the extracts of Macpherson. But he must very soon have despaired of obtaining that satisfaction, for he had strong reasons to suspect, even before his journey to Paris in 1802, that the most valuable part, if not the whole of them, had been destroyed. Three important points, however, might yet be ascertained: — 1st, Of what the manu- scripts, so long preserved in the Scotch College at Paris, actually consisted; — Sndly, To what part of them either Carte or Macpherson had access; — Sdly, Whether any portion, copies, or fragments, of the papers were still in existence. The result of his enquiries will be best given in his own words, though upon the first point he had ascertained" something more than appears from the following extract of his letter to Mr. Laing. * Among Mr. Fox's papers was found a list of " the works which were " placed in the Scotch College at Paris, soon after the death of James the " Second, and were there at the time of the French Revolution," It is as follows : „ , r 1- ' r Memoirs in James the Second's own hand- four volumes lolio, six ^ , . ... „ , . , , , < writina;, besfinning; irom the time that he was volumes quarto, i . ^ „ ^ (^sixteen years ot age. C Containing letters from Charles the Second's mi- Two thin quarto volumes, ) ^j^jg^g to James the Second (then Duke of York,) Cwhen he was at Brussels and in Scotland, MS. rr. ,, . , (Containing; letters from Charles the Second to 1 wo thin quarto volumes, < . t^his brother, James Duke of York, MS. XX TO THE READER. " With respect to Carte's extract, I have no doubt *' but it is faithfully copied; but on this extract it is " necessary to make an observation, which applies to " all the rest, both of Carte's and Macpherson's, and *' which leads to the detection of an imposture of the " latter, as impudent as Ossian itself. The extracts " are evidently made, not from a journal, but from a * ' narrative ; and / have now ascertained beyond all doubt " that there were in the Scotch College two distinct " manuscripts, one in James's own hand, consisting of ^' papers of different sizes bound up together, the other " a sort of historical narrative, compiled from the " former. The narrative \yd&said to have been revised " and corrected, as to style, by Dryden* the poet, ** (meaning probably Charles Dryden, the great poet's " son,) and it was not known in the College whether it ^' was drawn up in James's life, or by the direction of * his son, the Pretender. I doubt whether Carte ever " saw the original journal ; but I learn, from undoubted "authority, that Macpherson never did; and yet to " read his Preface, page 6 and 7 , (which pray advert to,) " one would have supposed, not only that he had in- " spected it accurately, but that all his extracts at least, * It is the opinion of the present possessor of the narrative, that it was compiled from the original documents by Thomas Innes, one of the Supe- riors of the College, and author of a work entitled, A Critical Essa/ on ilu undent Inhabitants of Scotland TO THE READER. xxi ** if not Carte's also, were taken from it. Macpherson's " impudence in attempting such an imposition, at a " time when almost any man could have detected him, " would have been in another man, incredible, if the " internal evidence of the extracts themselves against " him were not corroborated by the testimony of the *' principal persons of the College. And this leads me "to a point of more importance to me. Principal " Gordon thought, when I saw him at Paris, in October " 1802, that all the papers were lost. I now hear from " a well-informed person, that the most material, viz. " those written in James's own hand-writing, were in- " deed lost, and in the way mentioned by Gordon, but " that the Narrative, from which only Macpherson made " his extracts, is still existing, and that Mr. Alexander " Cameron, Blackfriars Wynd, Edinburgh, either has " it himself, or knows where it is to be found." The above information was correct. There is strong presumptive evidence, that the Manuscripts of King James the Second were destroyed ; but the Narrative, as described, was then, and is now, in the hands of Dr. Cameron, Roman Catholick Bishop in Edinburgh. It could not be in the possession of a person who is better qualified to judge of its merits, and on whose fidelity, should he be induced to print it, the publick might more implicitly rely. I am indebted to his accuracy and friendship, for some additional information respect- xxii TO THE READER. ing the manner in which the Manuscripts of the Scotch College were lost. As the facts are in themselves cu- rious, I lay before the reader his succinct and inter- esting relation of them, contained in a letter to me, dated Edinburgh, March 2, 1808. " Before Lord Gower, the British Embassador, left '' Paris, in the beginning of the French Revolution, he " wrote to Principal Gordon, and offered to take charge '' of those valuable papers, (King James's Manuscripts, *' 8cc.) and deposit them in some place of safety in *' Britain. I know not what answer was returned, but *' nothing was done. Not long thereafter, the Principal " came to England, and the care of every thing in the " College devolved on Mr. Alexander Innes, the only " British subject who remained in it. About the same *' time, Mr. Stapleton, then President of the English " College of St. Omer, afterwards Bishop in England, " went to Paris, previously to his retiring from France, " and Mr. Innes, who had resolved not to abandon his " post, consulted with him about the means of pre- " serving the Manuscripts. Mr. Stapleton thought, if " he had them at St. Omer, he could, with small risk, *' convey them to England. It was therefore resolved, '* that they should be carefully packed up, addressed to *' a Frenchman, a confidential friend of Mr. Stapleton, *' and remitted by some publick carriage. Some other TO THE READER. xxiii " things were put up with the Manuscripts. The whole " arrived without any accident, and was laid in a cellar. *' But the patriotism of the Frenchman becoming suspi- *' cious, perhaps upon account of his connection with " the English College, he was put in prison; and his " wife, apprehensive of the consequences of being found •' to have English manuscripts, richly bound and orna- " mented with Royal arms, in her house, cut off the *' boards, and destroyed them. The Manuscripts thus " disfigured, and more easily huddled up in any sort of " bundle, were secretly carried, with papers belonging '^' to the Frenchman himself, to his country-house, and " buried in the garden. They were not, however, per- " mitted to remain long there ; the lady's fears increased, " and the Manuscripts were taken up and reduced to " ashes. '' This is the substance of the account given to Mr, " Innes, and reported by him to me in June, 1802, in " Paris. I desired it might be authenticated by d. proces " verbale. A letter was therefore written to St. Gmer, " either by Mr. Innes, or by Mr. Cleghorn, a lay gen- " tleman, who had resided in the English College of St. " Omer, and was personally acquainted with the French- ^^ man, and happened to be at Paris at this time. The *' answer given to this letter was, that the good man, ^' under the pressure of old age and other infirmities, '^'- was alarmed by the proposal of a discussion and xxiv TO THE READER. *' investigation, which revived in his memory past " sufferings, and might, perhaps, lead to a renewal of " them. Any further correspondence upon the subject *' seemed useless, especially as I instructed Mr. Innes *' to go to St. Omer, and clear up every doubt, in a " formal and legal manner, that some authentic docu- *' ment might be handed down to posterity concerning " those valuable Manuscripts. I did not foresee that " war was to be kindled up anew, or that my friend ^' Mr. Innes was to die so soon. " Mr. Cleghorn, whom I mentioned above, is at *' present in the Catholick seminary of Old-Hall Green, ^' Puckeridge, Hertfordshire. He can probably name " another gentleman who saw the Manuscripts at St. " Omer, and saved some small things, (but unconnected ^' with the Manuscripts,) which he carried away in his *' pocket, and has still in his possession. • " I need not trouble your Lordship with my reflec- *' tions upon this relation ; but I ought not to omit that *' I was told, sometimes, that all the Manuscripts, as " well as their boards, were consumed by fire in the " cellar in which they had been deposited upon their '* arrival at St. Omer." The gentleman alluded to in the latter part of the above letter, is Mr. Mostyn, from whom Mr. Butler of Lincoln's-Inn very kindly procured a statement of the TO THE READER. xxv particulars relating to this subject, in the year 1804, and transmitted it to Mr. Fox. It contains in substance, though with some additional circumstances, and slight variations, the same account as Mr. Cameron's, up to the period of the writer's leaving St. Omer, which was pre- vious to the imprisonment of the Frenchman.* Mr. Fox, in a letter to Mr. Laing, remarks, that, to *' know that a paper is lost, is next best to getting a sight " of it, and in some instances nearly as good." So many rumours have been circulated, and so many misappre- hensions prevailed, respecting the contents and the fate of the Manuscripts formerly deposited in the Scotch College at Paris, that it is hoped the above account, the result of the Historian's researches, will not be deemed out of its place in a Preface to a History of the times to which those manuscripts related. The Scotch College papers were not, however, the only, nor even the chief object of Mr. Fox's historical enquiries at Paris. He had remarked, that Sir John Dalrymple frequently " quotes, or rather refers to,+ ' documents in the Depot des Affaires Etrangeres, without printing the letter, or extracting the passage from which his statements are taken, and his inferences drawn. * Mr. Mostyn's letter to Mr. Butler was published in one of the Maga- zines, it would therefore be superfluous to reprint it. The name of the Frenchman was Mr. Charpentier, and his country house was at St. Momelin, near St. Omer. ■»? MS. Correspondence. d xxvi TO THE READER. This made him particularly desirous of examining the Original Letters of Barillon ; and he was not without hopes that many other papers in the Depot des Affaires Etrangeres, might prove equally interesting and impor- tant. It was obvious, however, that during war, he could not have personal access to such documents. He was therefore on the point of applying, through some private friend at Paris, for a copy of such letters as he could distinctly describe to his correspondent, when the restoration of peace enabled him to repair thither; and the liberality of the French Government opened to him the archives of the Foreign Affairs without reserve, and afforded him every facility and convenience for consulting and copying such papers as appeared to him to be material. He lost no time in availing himself of this permission, and while he remained at Paris, he passed a great part of every morning at the Depot des Affaires Etr anger es, accompanied by his friends Lord St. John, Mr. Adair, and Mr. Trotter, who assisted him in examining and transcribing the original papers. The correspondence of Barillon did not disappoint his expectations. He thought the additional information contained in those parts of it, which Sir John Dalrymple had omitted to extract, or to publish, so important, that he procured copies of them all. He observed to one of his correspondents, " my studies at Paris have been use- " ful beyond what I can describe:" and his expression TO THE READER xxvii to me was, that '* Barillon's letters were worth their ** weight in gold."* It should seem that he discovered some curious circumstances from the correspondence of D'Avaux, for he copied out those letters also at length, though a large collection or abstract of them had been formerly published. The correspondence of the above mentioned French Ministers with their Court, formed the chief materials which he brought over with him from France. He was disappointed at my failing to procure him that of the Spanish Ambassador, t resident in London during the same period, " which, he said, would have given him " advantages of the greatest consequence over all other '' historians." The papers, however, of which he was already in possession were, in his judgment, sufficient to throw new light upon many transactions of the reign of King James the Second. If, therefore, unforeseen circumstances had not occurred, soon after his return, to retard the progress of his work, there can be little doubt, but he would have composed more during that year, than he had been able to complete since the com- mencement of the undertaking. He was at first occupied * MS. Correspondence. + Don Pedro RonquIUo. Mr. Fox commissioned me to obtain for him, copies of his Letters from I685 to I688 inclusive. By a perverse piece of luck, I fell in with and purchased his original Letters from 1 689 to 1691 ; but could never find any traces whatever of his previous corres- pondence. xxviii TO THJE READER; in inserting into the parts he had fimished, such ad- ditional information as he had drawn from the sources opened to him by his researches at Paris. This was to him a task of greater labour than at first sight might be expected. "I find," he says, "piecing in the bits which " I have written from my Parisian materials, a trouble- ** some job."* It is indeed probable, that his difficulties upon this occasion, were greater than any other modern historian would have had to encounter. I have men- tioned them more particularly, because they in some measure arose from his scrupulous attention to certain notions he entertained on the nature of an historical composition. If indeed the work were finished, the nature of his design would be best collected from his execution of it; but as it is unfortunately in an incomplete and unfinished state, his conception of the duties of an historian may very possibly be misunderstood. The con- sequence would be, that some passages, which, according to modern taste, must be called peculiarities, might, with superficial critics, pass for defects which he had over- looked, or imperfections which he intended to correct. It is, therefore, necessary to observe, that he had formed his plan so exclusively on the model of ancient writers, that he not only felt some repugnance to the modern practice of notes, but he thought that all which an historian wished to say, should be introduced as part of * MS. Correspondence. TO THE READER. xxix a continued narration, and never assume the appearance of a digression, much less of a dissertation annexed to it. From the period, therefore, that he closed his Introduc- tory Chapter, he defined his duty as an author, to consist in recounting the facts as they arose, or in his simple and forcible language, in telling the story of those times. A conversation which passed on the subject of the lite- rature of the age of James the Second, proves his rigid adherence to these ideas, and perhaps the substance of it may serve to illustrate and explain them. In speak- ing of the writers of that period, he lamented that he had not devised a method of interweaving any account of them or their works, much less any criticism on their style, into his History. On my suggesting the example of Hume and Voltaire, who have discussed such topicks at some length, either at the end of each reign, or in a separate Chapter, he observed, with much commenda- tion of their execution of it, that such a contrivance might be a good mode of writing critical essays, but that it was, in his opinion, incompatible with the na- ture of his undertaking, which, if it ceased to be a nar- rative, ceased to be a history. Such restraints undoubtedly operated as taxes upon his ingenuity, and added to that labour which the ob- servance of his general laws of composition rendered sufficiently great. On the rules of writing he had re- flected much, and deeply. His own habits naturally XXX TO THE READER. led him to compare them with those of publick speak- ing, and the different, and even opposite principles upon which excellence is to be attained in these two great arts, were no unusual topicks of his conversation. The difference did not, in his judgment, consist so much in language or diction, as in the arrangement of thoughts, the length and construction of sentences, and, if I may borrow a phrase familiar to publick speakers, in the mode of putting an argument. A writer, to pre- serve his perspicuity, must keep distinct and separate those parts of a discourse, which the orator is enabled, by modulation of voice, and with the aid of action, to bring at once into view, without confounding or per- plexing his audience. Frequency of allusion, which in speaking produces the happiest effect, in writing renders the sense obscure, and interrupts the simplicity of the discourse. Even those sudden turns, those un- foreseen flashes of wit which, struck out at the moment, dazzle and delight a publick assembly, appear cold and inanimate, when deliberately introduced into a written composition. A perusal of the Letter to the Electors of Westmin- ster, will shew how scrupulously Mr. Fox attended to these distinctions. That work was written in the heat of a Session of Parliament. It treated professedly of subjects upon which the writer was daily in the habit of speaking, with his usual force of argument and TO THE READER. xxxi variety of illustration. Notwithstanding these circum- stances, no political tract of any note in our language, is inform or style less oratorical, or, with the exception of one passage, more free from those peculiarities, which the practice of publick speaking seems calculated to produce. Such a strict observance of these principles must have cost him great trouble and attention. He was so apprehensive that his writings might retain some traces of that art, in the exercise of which he had em- ployed the greater part of his life, that he frequently re- jected passages, which in any other author would not have appeared liable to such an objection. He seems even to have distrusted his own judgment upon this subject ; and after having taken the greatest pains, he was never sufficiently satisfied of his own success. If we except the account of the Earl of Argyle, the Introductory Chapter is unquestionably the most correct and finished part of the present publication. He did not, however, conceive it to be entirely exempt from a defect to which he apprehended that his works must be peculiarly ex- posed. He says to his correspondent, " I have at last " finished my Introduction, which after all is more like " a speech than it should be." Simplicity, both in expression and construction, was the quality in style which he most admired, and the beauty he chiefly endeavoured to attain. He was the more scrupulously anxious to preserve this character in xxxii TO THE READER. his writings, because he thought that the example of some great writers had, in his own time, perverted the taste of the publick, and that their imitators had cor- rupted the purity of the English language. Though he frequently commended both Hume's and Blackstone's style, and always spoke of Middleton's with admiration, he once assured me, that he would admit no word into his book, for which he had not the authority of Dry den. He was scarcely less nice about phrases and expres- sions. It is indeed possible, that those of his readers, who have formed their taste upon Johnson or Gibbon, or taken their notions of style from the criticism of late years, may discover, in the course of the work, some idioms which are now seldom admitted into the higher classes of composition. To speak without reserve upon a subject in which his judgment, as an author, may be called in question, it appears to me more likely, that such phrases should have been introduced upon system, than that they should have escaped his observation, and crept in through inadvertence. The work is indeed, " incomplete and unfinished T but it is not with refer- ence to any phrases, which may be supposed to be too familiar, or colloquial, that such a description has been given of it. Such was the Author's abhorrence of any thing that savoured of pedantry or affectation, that if he was ever reduced to the alternative of an inflated, or homely expression, I have no doubt but he preferred TO THE READER. xxxiii the latter. This persuasion, in addition to many other considerations, has induced me religiously to preserve, in the publication of this Work, every phrase and word of the Original Manuscript. Those who are disposed to respect his authority, may have the satisfaction of knowing, that there is not one syllable in the follow- ing Chapters, which is not the genuine production of Mr. Fox. That there are several passages, (especially in the latter end of the text,) which he might, that there are some which he obviously would, have cor- rected, is unquestionable; but, with the knowledge of such scrupulous attention to language in an author, to have substituted any word or expression, for that which he had written, would not have been presumption only, but injustice. The manuscript book from which this Work has been printed is, for the most part, in the hand writing of Mrs. Fox. It was written out under the inspection of Mr. Fox, and is occasionally corrected by him. His habit was seldom or never to be alone, when employed in composition. He was accustomed to write on covers of letters, or scraps of paper, sentences which he, in all probability, had turned in his mind, and, in some de- gree formed in the course of his walks, or during his hours of leisure. These he read over to Mrs. Fox ; she wrote them out in a fair hand in the book ; and before he destroyed the original paper, he examined and xxxiv TO THE READER. approved of the copy. In the course of thus dictating from his own writing, he often altered the language, and even the construction of the sentence. Though he generally tore the scraps of paper as soon as the passages were entered in the book, several have been preserved ; and it is plain, from the erasures and alterations in them, that they had undergone much revision and cor- rection before they were read to his Amanuensis. It is necessary to observe, that I am indebted to Mr. Laing, both for advice and assistance in the division of the paragraphs, the annexing of marginal notes and re- ferences, the selection of the Appendix, and the super- intendance of the press. From his judgment and expe- rience, I have derived great benefit ; and his friendship in undertaking the task has afforded me the further satis- faction of reflecting, that I have been guided throughout by that advice to which the Author himself would have wished me on such an occasion to have recourse. The Appendix consists, with some few exceptions,* of such part of Barillon's correspondence, from the death of Charles the Second to the Prorogation of Parliament in 1685, as Sir John Dalrymple omitted to publish. As the letters of a subsequent date, however curious and interesting, have no relation to the short period of history included in the following Chapters, they have not been annexed to the present publication. * The Dispatch, p. ix. — Extracts, pp. xviii. xxviii, xli. Ivii. ciii. TO THE READER. xxxv This account will be sufficient to explain all the circumstances attending the design, progress, and state of the Work, as well as the manner in which it is now brought before the publick. If any should object to my having entered into so much detail respecting those points, I have no other excuse to offer, than the nature of the task I had undertaken, and the extreme anxiety, that no fault or omission of the Editor should by any possibility be attributed to the Author. Perhaps it may be necessary to forestall an observation of a very dif- ferent description. Those who admired Mr. Fox in publick, and those who loved him in private, niust naturally feel desirous that some memorial should be preserved of the great and good qualities of his head and heart. Some among them may think that the present account should not have been confined to such matters only as relate to the unfinished work to which it is pre- fixed. It is true that, at the melancholy period of his death, advantage was taken of the interest excited by all that concerned him, to impose upon the publick a variety of memoirs and anecdotes, (in the form of pamphlets,) as unfounded in fact as they were painful to his friends, and injurious to his memory. The confident pretensions with which many of those publications were ushered into the world, may have given them some little circulation at the time ; but the internal evidence of their falsehood was sufficiently strong to counteract any impression xxxvi TO THE READER. which their contents might be calculated to produce. It is not, therefore, with a view of exposing such mis- representations, that any authentick account of the life of Mr. Fox can be deemed necessary. On the other hand, the objections to such an undertaking at present are obvious ; and after much reflection, they have appeared to those connected with him to be insu- perable. A compilation of his speeches, or of such transactions of his publick life as are well known, might be, and probably has already been, executed with as much fidelity and success by others, as it could be by those who had the advantage of a closer intimacy or nearer connection with him. If more were at- tempted, either many interesting passages of his life must be omitted, and truth in some instances suppres- sed, or circumstances which might wound the feelings of individuals yet living, must be unnecessarily and wantonly disclosed to the publick. No allusion is here made to any particular period, transaction, or person: the observation is general : it applies to the memoirs of every publick man, and must therefore be true in the instance of Mr. Fox. These considerations have induced his family and friends lo relinquish, for the present, any such design. It is, however, a duty to the publick, as well as to the memory of any great and good man, to preserve with the utmost diligence, all the materials which may TO THE READER. xxxvii enable a future biographer to do justice to the events of his life, and the merits of his character. With this view, the private letters of Mr. Fox have been carefully collected ; and I am already indebted to several of his correspondents for the originals or copies of such as were in their possession. It is hoped, that by these and further communications, the means will be secured of perpetuating the remembrance of his publick and pri- vate virtues, and of conveying a faint, but just notion of his character to posterity. In the mean while, his friends will contemplate with some satisfaction this monument, however imper- fect, of his genius and acquirements ; they will recog- nize throughout the work those noble and elevated prin- ciples, which animated his own conduct in life ; and in the simplicity of the thoughts, as well as in the nature of the reflections, they cannot fail to discover a picture of his candid and amiable mind. VASSALL HOLLAND. Holland House, Jpril 25lh, 1808. [ xxxviii ] POSTSCRIPT. May 4. OiNCE the preceding pages were printed, Serjeant Heywood has obligingly communicated to me copies of several letters which he received from Mr. Fox, on sub- jects connected with his History. They evince the same anxiety about facts, and the same minuteness of research, which have been remarked in his correspondence with Mr. Laing. But some of his readers may be gratified with the perusal of the following, as it contains his view of the character of Lord Shaftesbury, upon which so much difference of opinion has existed among historians. " Dear Heywood, " I am much obliged to you for your letter ; of the '* hints in which I shall avail myself, when I return to " this place, (as I hope,) before the end of the week. I " go to town to-morrow, and shall be in the House on " Tuesday. " I remember most of the passages in Madame de " Sevigne, and will trouble you or Mrs. Heywood to " hunt for another, which I also remember, and which " in some views is of importance. If my memory does POSTSCRIPT. xxxix " not deceive me, in one of the early volumes, while *' Barillon is in England, she mentions the reports of *' his being getting a great deal of money there ; but I " have not lately been able to find the passage. Pray " observe, that notwithstanding the violence against the *' Prince of Orange, Madame de Sevigne's good sense *' and candour make her allow, that there is another *' view of the matter, in which the Prince of Orange, " fighting and conquering for a religion, quil croit la " vraye, k.z. he. appears a hero. Her account of James, " both for insensibility and courage, is quite at variance *' with his apparent conduct before he went off. Here " he appears to have been deficient in courage, and by ** no means in sensibility. " I am quite glad I have little to do with Shaftesbury; " for as to making him a real patriot, or friend to our " ideas of liberty, it is impossible, at least in my opi- " nion. On the other hand, he is very far from being *' the devil he is described. Indeed, he seems to have " been strictly a man of honour, if that praise can be " given to one destitute of public yirtue, and who did " not consider Catholicks as fellow-creatures ; a feeling *' very common in those times. Locke was probably *' caught by his splendid qualities, his courage, his " openness, his party zeal, his eloquence, his fair deal- *' ing with his friends, and his superiority to vulgar *' corruption. Locke's partiality might make him, on xl POSTSCRIPT. *' the other hand, blind to the indifference with which ** he (Shaftesbury,) espoused either Monarchical, Arbi- " trary, or Republican principles, as best suited his '^ ambition; but could it make him blind to the relent- ** less cruelty with which he persecuted the Papists in *' the affair of the Popish Plot, merely, as it should *' seem, because it suited the purposes of the party with *' which he was then engaged? — You know that some ** of the imputations against him are certainly false ; the '• shutting up the Exchequer, for instance. But the two *' great blots of sitting on the Regicides, and his con- " duct in the Popish Plot, can never be wiped off. *' The second Dutch war is a bad business, in which he " engaged heartily, and in which (notwithstanding all " his apologists say,) he would have persevered, if he '' had not found the King was cheating him. " Your's ever, '»C. J. FOX." Sunday, St. Junes Hill, (Chertsey, November 20, 1803. Serjeant Heywood, Harpur Street.) INTRODUCTORY CHAPTER, CONTENTS. Introductory Observations. — First Period, from Henry VII. to the Year I588. — Second Period, from I588 to I640.— Meeting of Parlia- ment. — Redress of Grievances. — Strafford's Attainder. — The com- mencement of the Civil War. — Treaty from the Isle of Wight. — The King's Execution. — Cromwell's Power; — his Character. — Indif- ference of the Nation respecting Forms of Government. — The Res- toration. — Ministry of Clarendon and Southampton. — Cabal. — Dutch War. — De Witt. — The Prince of Orange. — The Popish Plot. — The Habeas Corpus Act. — The Exclusion Bill. — Dissolution of Charles the Second's last Parliament. — His Power ; — his Tyranny in Scotland ; in England. — Exorbitant Fines. — Executions. — For- feitures of Charters. — Despotism established, — Despondency of good Men. — Charles's Death. — His Character. — Reflections upon the probable Consequences of his Reign and Death. HISTORY, i^c. INTRODUCTORY CHAPTER In reading the history of every country, there are chapter certain periods at which the mind naturally pauses, .11 • 1 r Introductory to meditate upon, and consider them, with reierence^ observations not only to their immediate effects, but to their more remote consequences. After the wars of Marius and Sylla, and the incorporation, as it were, of all Italy with the city of Rome, we cannot but stop, to consider the consequences likely to result from these important events ; and in this instance we find them to be just such as might have been expected. The reign of our Henry the Seventh affords a First Period, field of more doubtful speculation. Everyone who cession of , . . ^ HinryVlI.to takes a retrospective view of the wars of York and theyeaudss e INTRODUCTORY CHAPTER. CHAPTER Lancaster, and attends to the regulations effected by '• — the policy of that prince, must see they would ne- cessarily lead to great and important changes in the government; but what the tendency of such changes would be, and much more, in what manner they would be produced, might be a question of great diffi- culty. It is now the generally received opinion, and I think a probable opinion, that, to the provisions of that reign, we are to refer the origin, both of the unlimited power of the Tudors, and of the liberties wrested by our ancestors from the Stuarts ; that ty- ranny was their immediate, and liberty their remote, consequence ; but he must have great confidence in his own sagacity, who can satisfy himself, that, un- aided by the knowledge of subsequent events, he could, from a consideration of the causes, have fore- seen the succession of effects so different. Second Pe- Auothcr pcriod, that affords ample scope for spe- riod, from , ri-i-i'i I'l- ' i i588toi64o. culation of this kind, is that which is comprised between the years fifteen hundred and eighty-eight, and sixteen hundred and forty ; a period of almost uninterrupted tranquillity and peace. The general improvement in all arts of civil life, and above all, the astonishing progress of literature, are the most striking among the general features of that period ; and are in themselves causes sufficient to produce INTRODUCTORY CHAPTER. 1 effects of the utmost importance. A country whose chapter language was enriched by the works of Hooker, Raleigh, and Bacon, could not but experience a sen- sible change in its manners, and in its style of thinking ; and even to speak the same language in which Spenser and Shakespeare had written, seemed a sufficient plea to rescue the Commons of England from the appellation of Brutes, with which Henry the Eighth had addressed them. Among the more particular effects of this general improvement, the most material, and worthy to be considered, appear to me to have been the frequency of debate in the House of Commons, and the additional value that came to be set on a seat in that assembly. From these circumstances, a sagacious observer maybe led to expect the most important revolutions; and from the latter, he may be enabled to foresee that the House of Commons will be the principal instrument in bringing them to pass. But in what manner will that House conduct itself? Will it content itself with its regular share of legislative power, and with the influence which it cannot fail to possess, whenever it exerts itself upon the other branches of the legislative, and on the executive power? or will it boldly (perhaps rashly) pretend to a power commensurate with the natural rights of 8 INTRODUCTORY CHAPTER. CHAPTER the representative of the people? If it should, will ! it not be obliged to support its claims by military force? and how long will such a force be under its controul ? how long before it follows the usual course of all armies, and ranges itself under a single master? If such a master should arise, will he establish an hereditary, or an elective government? if the first, what will be gained but a change of dynasty? If the second, will not the military force, as it chose the first king or protector (the name is of no impor- tance) choose in effect all his successors? Or will he fail, and shall we have a restoration, usually the most dangerous and worst of all revolutions? To some of these questions the answers may, from the experience of past ages, be easy, but to many of them far otherwise. And he will read history with most profit, who the most canvasses questions of this nature, especially if he can divest his mind for the time, of the recollection of the event as it in fact succeeded. ThirdPeriod. The ncxt period, as it is that which immediately precedes the commencement of this History, requires a more detailed examination ; nor is there any more fertile of matter, whether for reflection or speculation. Between the year sixteen hundred and forty, and the death of Charles the Second, we have the opportu- INTRODUCTORY CHAPTER. 9 nity of contemplating the state in almost every va- chapter riety of circumstance. Religious dispute, political ! — contest in all its forms and degrees, from the honest exertions of party, and the corrupt intrigues of fac- tion, to violence and civil war; despotism, first in the person of an usurper, and afterwards in that of an hereditary king ; the most memorable and salutary improvements in the laws, the most abandoned ad- ministration of them ; in fine, whatever can happen to a nation, whether of glorious or calamitous, makes a part of this astonishing and instructive picture. The commencement of this period is marked by 1640. exertions of the people, through their representa- tives in the House of Commons, not only justifiable in their principle, but directed to the properest objects, and in a manner the most judicious. Many of their leaders were greatly versed in ancient as well as modern learning, and were even enthusiastically attached to the great names of antiquity ; but they never conceived the wild project of assimilating the government of England to that of Athens, of Sparta, or of Rome. They were content with applying to the English constitution, and to the English laws, the spirit of liberty which had animated, and ren- dered illustrious, the ancient republicks. Their first Redress of object was to obtain redress of past grievances with^"^'^^""** c 10 INTRODUCTORY CHAPTER. CHAPTER a proper regard to the individuals who had suffered ; ' the next, to prevent the recurrence of such grievances, by the abolition of tyrannical tribunals acting upon arbitrary maxims in criminal proceedings, and most improperly denominated courts of justice. They then proceeded to establish that fundamental prin- ciple of all free government, the preserving of the purse to the people and their representatives. And though there may be more difference of opinion upon their proposed regulations in regard to the mi- litia, yet surely, when a contest was to be foreseen, they could not, consistently with prudence, leave the power of the sword altogether in the hands of an adverse party. Lord straf- The prosecution of Lord Strafford, or rather the ford's attain- . a • i • ' i •! ••r der. manner in which it was carried on, is less justin- able. He was doubtless a great delinquent, and well deserved the severest punishment ; but nothing short of a clearly proved case of self-defence can justify, or even excuse, a departure from the sacred rules of criminal justice. For it can rarely indeed happen, that the mischief to be apprehended from suffering any criminal, however guilty, to escape, can be equal to that resulting from the violation of those rules to which the innocent owe the security of alL that is dear to them. If such cases have existed. INTRODUCTORY CHAPTER. H they must have been in instances where trial has chapter been wholly out of the question, as in that of Caesar, and other tyrants; but when a man is once in a situation to be tried, and his person in the power of his accusers and his judges, he can no longer be formidable in that degree which alone can justify, (if any thing can,) the violation of the substantial rules of criminal proceedings. At the breaking out of the civil war, so intempe- commence- rately denominated a rebellion by Lord Clarendon civii war. and other Tory writers, the material question appears to me to be, whether or not sufficient attempts were made by the Parliament and their leaders, to avoid bringing affairs to such a decision? That according to the general principles of morality, they had justice on their side, cannot fairly be doubted ; but did they sufficiently attend to that great dictum of Tully,* in questions of civil dissension, wherein he declares his preference of even an unfair peace to the most just war? Did they sufficiently weigh the dangers that might ensue even from victory ; dangers, in such cases, little less formidable to the cause of liberty than those which might follow a defeat? Did they consider that it is not peculiar to the fol- lowers of Pompey, and the civil wars of Rome, that * Iniquissimam pacem justissimo bello antefero. 12 INTRODUCTORY CHAPTER. CHAPTER the event to be looked for is, as the same Tully '■ — describes it, in case of defeat, — proscription ; in Treatyofthe that of victory, — servitudc ? Is the failure of the negotiation when the King was in the Isle of Wight to be imputed to tlie suspicions justly entertained of his sincerity? or to the ambition of the parliamentary leaders? If the insincerity of the King was the real cause, ought not the mischief to be apprehended from his insincerity, rather to have been guarded against by treaty, than alledged as a pretence for breaking off the negotiation? Sad indeed will be the condition of the world, if we are never to make peace with an adverse party whose sincerity we have reason to suspect. Even just grounds for such suspicions will but too often occur, and when such fail, the proneness of man to impute evil qualities as well as evil designs to his enemies, will suggest false ones. In the present case, the suspicion of in- sincerity was, it is true, so just, as to amount to a moral certainty. The example of the Petition of Right was a satisfactory proof that the King made no point of adhering to concessions which he considered as extorted from him; and if a philosophical historian, writing above a century after the time, can deem the pretended hard usage Charles met with, as a suffi- cient excuse for his breaking his faith in the first INTRODUCTORY CHAPTER. 15 instance, much more must that prince himself, with chapter all his prejudices, and notions of his divine right, have thought it justifiable to retract concessions, which to him, no doubt, appeared far more unrea- sonable than the Petition of Right, and which, with much more colour, he might consider as extorted. These considerations were probably the cause why the Parliament so long delayed their determination of accepting the King's offer as a basis for treaty ; but unfortunately, they had delayed so long, that when at last they adopted it, they found themselves without power to carry it into execution. The army having now ceased to be the servants, had become the masters of the Parliament, and being entirely influ- enced by Cromwell, gave a commencement to what may, properly speaking, be called a new reign. The subsequent measures, therefore, the execution of the King, as well as others, are not to be considered as acts of the Parliament, but of Cromwell ; and great and respectable as are the names of some who sat in the high court, they must be regarded, in this in- stance, rather as ministers of that usurper, than as acting from themselves. The execution of the King, though a far less vio- King's Exe. lent measure than that of Lord Strafford, is an event ''"*'""* of so singular a nature, that we cannot wonder that it 14 INTRODUCTORY CHAPTER. CHAPTER should have excited more sensation than any other ' in the annals of England. This exemplary act of substantial justice, as it has been called by some, of enormous wickedness by others, must be considered in two points of view. First, was it not in itself just and necessary? Secondly, was the example of it likely to be salutary or pernicious ? In regard to the first of these questions, Mr. Hume, not perhaps in- tentionally, makes the best justification of it, by say- ing, that while Charles lived, the projected republick could never be secure. But to justify taking away the life of an individual, upon the principle of self- defence, the danger must be not problematical and remote, but evident and immediate. The danger in this instance was not of such a nature ; and the im- prisonment, or even banishment, of Charles, might have given to the republick such a degree of security as any government ought to be content with. It must be confessed however on the other side, that if the republican government had suffered the King to escape, it would have been an act of justice and gene- rosity wholly unexampled ; and to have granted him even his life, would have been one among the more rare efforts of virtue. The short interval between the deposal and death of princes is become prover- bial; and though there may be some few examples on INTRODUCTORY CHAPTER. 15 the other side, as far as life is concerned, I doubt chapter whether a single instance can be found, where liberty has been granted to a deposed monarch. Among the modes of destroying persons in such a situation, there can be little doubt but that adopted by Cromwell and his adherents is the least dishonourable. Edward the Second, Richard the Second, Henry the Sixth, Edward the Fifth, had none of them long survived their deposal ; but this was the first instance, in our history at least, where, of such an act, it could be truly said, that it was not done in a corner. As to the second question, whether the advantage to be derived from the example was such as to justify an act of such violence, it appears to me to be a complete solution of it to observe, that with respect to England, (and I know not upon what ground we are to set examples for other nations, or in other words, to take the criminal justice of the world into our hands,) it was wholly needless, and therefore unjustifiable, to set one for kings, at a time when it was intended the office of King should be abolished, and consequently, that no person should be in the situation to make it the rule of his conduct. Besides, the miseries attendant upon a deposed monarch, seem to be sufficient to deter any prince, who thinks of consequences, from running the risk of being 16 INTRODUCTORY CHAPTER. CHAPTER placed in such a situation; or, if death be the only evil that can deter him, the fate of former tyrants deposed by their subjects, would by no means encourage him to hope he could avoid even that catastrophe. As far as w^e can judge from the event, the example was certainly not very effectual, since both the sons of Charles, though having their father's fate before their eyes, yet feared not to violate the liberties of the people even more than he had attempted to do. If we consider this question of example in a more extended view, and look to the general effect produced upon the minds of men, it cannot be doubted but the opportunity thus given to Charles, to display his firmness and piety, has created more respect for his memory than it could otherwise have obtained. Respect and pity for the sufferer on one hand, and hatred to his enemies on the other, soon produce favour and aversion to their respec- tive causes ; and thus, even though it should be admitted, (which is doubtful,) that some advantage may have been gained to the cause of liberty, by the terrour of the example operating upon the minds of princes, such advantage is far outweighed by the zeal which admiration for virtue, and pity for sufferings, the best passions of the human heart, have excited in favour of the royal cause. It has INTRODUCTORY CHAPTER. 17 been thought dangerous to the morals of mankind, chapter even in fiction and romance, to make us sympathize _— with characters whose general conduct is blameable ; but how much greater must the effect be, when in real history our feelings are interested in favour of a monarch with whom, to say the least, his subjects were obliged to contend in arms for their liberty? After all, however, notwithstanding what the more reasonable part of mankind may think upon this question, it is much to be doubted whether this singular proceeding has not, as much as any other circumstance, served to raise the character of the English nation in the opinion of Europe in general. He who has read, and still more he who has heard in conversation, discussions upon this subject by sentiments of _ . . •11 '1 Foreigners on foreigners, must have perceived, tiiat, even in the the act. minds of those who condemn the act, the impression made by it has been far more that of respect and ad- miration, than that of disgust and horrour. The truth is, that the guilt of the action, that is to say, the taking away of the life of the King, is what most men in the place of Cromwell and his associates would have incurred ; what there is of splendour and of magnanimity in it, I me?in the publicity and solemnity of the act, is what few would be capable of displaying. It is a degrading fact to human 18 INTRODUCTORY CHAPTER. CHAPTER nature, that even the sending away of the Duke of '- Gloucester was an instance of generosity almost unexampled in the history of transactions of this nature. Cromwell's From the execution of the King to the death of governmeut. ^ Cromwell, the government was, with some variation of forms, in substance monarchical and absolute, as a government established by a military force will almost invariably be, especially when the exertions of such a force are continued for any length of time. If to this general rule our own age, and a people whom their origin and near relation to us would almost warrant us to call our own nation, have afforded a splendid and perhaps a solitary exception, we must reflect not only, that a character of virtues so happily tempered by one another, and so wholly unalloyed with any vices, as that of Washington, is hardly to be found in the pages of history, but that even Washington himself might not have been able to act his most glorious of all parts, without the ex- istence of circumstances uncommonly favourable, and almost peculiar to the country which was to be the theatre of it. Virtue like his depends not in- deed upon time or place ; but although in no country or time would he have degraded himself into a Pisistratus, or a Caesar, or a Cromwell, he INTRODUCTORY CHAPTER. 19 might have shared the fate of a Cato, or a De Witt; cha^pteu or, like Ludlow and Sidney, have mourned in exile the lost liberties of his country. With the life of the Protector almost immediately His charac- ter. ended the government which he had established. The great talents of this extraordinary person had supported, during his life, a system condemned equally by reason and by prejudice ; by reason, as wanting freedom ; by prejudice, as an usurpation ; and it must be confessed to be no mean testimony to his genius, that, notwithstanding the radical defects of such a system, the splendour of his character and exploits render the aera of the Protectorship one of the most brilliant in English history. It is true his conduct in foreign concerns, is set off to advantage, by a comparison of it with that of those who pre- ceded, and who followed him. If he made a mistake in espousing the French interest instead of the Spanish, we should recollect, that in examining this question we must divest our minds entirely of all the considerations which the subsequent relative state of those two empires suggest to us, before we can become impartial judges in it ; and at any rate, we must allow his reign, in regard to European concerns, to have been most glorious when contrasted with the pusillanimity of James the First, with the 50 INTRODUCTORY CHAPTER. CHAPTER levity of Charles the First, and the mercenary mean- ness of the two last Princes of the House of Stuart. Upon the whole, the character of Cromwell must ever stand high in the list of those, who raised themselves to supreme power by the force of their genius ; and among such, even in respect of moral virtue, it would be found to be one of the least ex- ceptionable, if it had not been tainted with that most odious and degrading of all human vices, Hypocrisy. Indifference Thc short intcrval between Cromwell's death and respecting t t> • i -i • i • r forms of go- the Kcstoration, exhibits the picture or a nation vcrnment. • i • i i either so wearied with changes as not to feel, or so subdued by military power as not to dare to show, any care or even preference with regard to the form of their government. All was in the army; and that army, by such a concurrence of fortuitous circum- stances as history teaches us not to be surprised at, had fallen into the hands of one, than whom a baser could not be found in its lowest ranks. Character of Pcrsoual couragc appcars to have been Monk's only virtue: reserve and dissimulation made up the whole stock of his wisdom. But to this man did the nation lookup, ready to receive from his orders the form of government he should choose to prescribe. There is reason to believe, that, from the general bias of the Presbyterians, as well as of the Cavaliers, monarchy INTRODUCTORY CHAPTER. ^l was the prevalent wish ; but it is observable that al- chapter though the Parliament was, contrary to the principle upon which it was pretended to be called, composed of many avowed royalists, yet none dared to hint at the restoration of the King, till they had Monk*s permis- sion, or rather command, to receive and consider his letters. It is impossible, in reviewing the whole of this transaction, not to remark that a general who had gained his rank, reputation, and station in the ser- vice of a republick, and of what he, as well as others, called, however falsely, the cause of liberty, made no scruple to lay the nation prostrate at the feet of a monarch, without a single provision in favour of that cause ; and if the promise of indemnity may seem to argue that there was some attention, at least, paid to the safety of his associates in arms, his subsequent conduct gives reason to suppose, that even this provision was owing to any other cause, rather than to any generous feeling of his breast. For he afterwards not only acquiesced in the insults so meanly put upon the illustrious corpse of Blake, under whose auspices and command he had per- formed the most creditable services of his life, but in the trial of Argyle, produced letters of friendship and confidence, to take away the life of a nobleman,* * Burnet. Baillie's Letters, II. 431. $e INTRODUCTORY CHAPTER. CHAPTER the zeal and cordiality of whose co-operation with him, proved by such documents, was the chief ground of his execution ; thus gratuitously surpass- ing in infamy those miserable wretches who^ to save their own lives, are sometimes persuaded to impeach, and swear away, the lives of their accomplices. Restoration. Thc rcign of Charlcs the Second forms one of the most singular, as well as of the most important periods of history. It is the aera of good laws and bad go- vernment. The abolition of the Court of Wards, the repeal of the writ De Heretico Comburendo, the tri- ennial Parliament Bill, the establishment of the rights of the House of Commons in regard to impeachment, the expiration of the License Act, and above all, the glorious statute of Habeas Corpus, have therefore induced a modern writer of great eminence to fix the year 16 79 as the period at which our constitution had arrived at its greatest theoretical perfection ; but he owns, in a short note upon the passage alluded to, that the times immediately following were times of great practical oppression. What a field for meditation does this short observation, from such a man, furnish ? What reflections does it not suggest to a thinking mind, upon the inefficacy of human laws, and the imper- fection of human constitutions ! We are called from the contemplation of the progress of our constitution, INTRODUCTORY CHAPTER 53 and our attention fixed with the most minute accuracy chapter to a particular point, when it is said to have risen to — — its utmost perfection. Here we are then at the best moment of the best constitution that ever human wisdom framed. What follows ? A time of oppres- sion and misery, not arising from external or acci^ dental causes, such as war, pestilence, or famine, nor even from any such alteration of the laws as might be supposed to impair this boasted perfection, but from a corrupt and wicked administration, which all the so much admired checks of the constitution were not able to prevent. How vain then, how idle, how presumptuous, is the opinion, that laws can do every thing ! and how weak and pernicious the maxim founded upon it, that measures, not men, are to be attended to ! The first years of this reign, under the administra- Administra- tion of Southampton and Clarendon, form by far the ampL and least exceptionable part of it ; and even in this pe- riod, the executions of Argyle and Vane, and the whole conduct of the government with respect to church matters, both in England and in Scotland, were gross instances of tyranny. With respect to the ex- ecution of those who were accused of having been more immediately concerned in the King's death, that of Scrope, who had come in upon the proclama- 24 INTRODUCTORY CHAPTER. CHAPTER tion, and of the military officers who had attended the trial, was a violation of every principle of law and justice. But the fate of the others, though highly dishonourable to Monk, whose whole power had arisen from his zeal in their service, and the favour and confidence with which they had rewarded him, and not perhaps very creditable to the nation, of which many had applauded, more had supported, and almost all had acquiesced in the act, is not cer- tainly to be imputed as a crime to the King, or to those of his advisers who were of the Cavalier party. The passion of revenge, though properly condemned both by philosophy and religion, yet when it is ex- cited by injurious treatment of persons justly dear to us, is among the most excusable of human frailties ; and if Charles, in his general conduct, had shown stronger feelings of gratitude for services performed to his father, his character, in the eyes of many, would be rather raised than lowered by this example of severity against the regicides. Clarendon is said to have been privy to the King's receiving money from Lewis the Fourteenth; but what proofs exist of this charge, (for a heavy charge it is,) I know not. Southampton was one of the very few of the royalist party who preserved any just regard for the liber- ties of the people, and the disgust which a person INTRODUCTORY CHAPTER. ?5 possessed of such sentiments must unavoidably feel, chapter is said to have determined him to quit the King's service, and to retire altogether from publick affairs. Whether he would have acted upon this determina- tion, his death, which happened in the year sixteen hundred and sixty-seven, prevents us now from ascertaining. After the fall of Clarendon, which soon followed. The King's misgovern- the King entered into that career of misgovernment, ment. which, that he was able to pursue it to its end, is a disgrace to the history of our country. If any thing can add to our disgust at the meanness with which he solicited a dependence upon Lewis the Fourteenth, it is the hypocritical pretence upon which he was con- tinually pressing that monarch. After having passed a law, making it penal to affirm, (what was true,) that he was a Papist, he pretended, (which was certainly not true,) to be a zealous and bigoted Papist; and the uneasiness of his conscience at so long delaying a publick avowal of his conversion , was more than once urged by him, as an argument to increase the pen- sion, and to accelerate the assistance he was to re- ceive from France.* In a later period of his reign, when his interest, as he thought, lay the other way, that he might at once continue to earn his wages, * Dalrymple's Memoirs, II. 33, kc. E 56 INTRODUCTORY CHAPTER. CHAPTER and yet put off a publick conversion, he stated some ' scruples, contracted, no doubt, by his affection to the Protestant churches, in relation to the Popish mode of giving the sacrament ; and pretended a wish, that the Pope might be induced by Lewis, to consider of some alterations in that respect, to enable him to reconcile himself to the Roman church with a clear and pure conscience/' Cabal. The ministry, known by the name of the Cabal, seems to have consisted of characters so unprincipled , as justly to deserve the severity with which they have been treated by all writers who have mentioned them; but if it is probable, that they were ready to betray their King, as well as their country, it is cer- tain that the King betrayed them; keeping from them the real state of his connection with France, and, from some of them, at least, the secret of what he was pleased to call his religion. Whether this con- cealment on his part, arose from his habitual trea- chery, and from the incapacity which men of that character feel, of being open and honest, even when they know it is their interest to be so; or from an apprehension that they might demand for themselves some share of the French money, which he was unwilling to give them, cannot now be determined. * Dalrymple's Memoirs, II. 84. INTRODUCTORY CHAPTER. 27 Bat to the want of genuine and reciprocal confidence chapter between him and those ministers, is to be attributed, in a great measure, the escape which the nation at that time experienced ; an escape, however, which proved to be only a reprieve from that servitude to which they were afterwards reduced in the latter years of the reign. The first Dutch war had been undertaken against Dutch war. all maxims of policy, as well as of justice ; but the su- periour infamy of the second, aggravated by the disap- pointment of all the hopes entertained by good men, from the triple alliance, and by the treacherous attempt at piracy with which it was commenced, seems to have effaced the impression of it, not only from the minds of men living at the time, but from most of the writers who have treated of this reign. The 1672. principle, however, of both was the same, and ar- bitrary power at home was the object of both. The second Dutch war rendered the King's system and views so apparent to all who were not determined to shut their eyes against conviction, that it is difficult to conceive how persons, who had any real care or regard, either for the liberty or honour of the coun- try, could trust him afterwards. And yet even Sir William Temple, who appears to have been one of the most honest, as well as of the most enlightened, S8 INTRODUCTORY CHAPTER. CHAPTER statesmen of his time, could not believe his treachery — to be quite so deep, as it was in fact ; and seems occasionally to have hoped, that he was in earnest in his professed intentions of following the wise and just system that was recommended to him. Great in- stances of credulity and blindness in wise men are often liable to the suspicion of being pretended, for the purpose of justifying the continuing in situations of power and employment longer than strict honour would allow. But to Temple's sincerity his subse- quent conduct gives abundant testimony. When he had reason to think that his services could no longer be useful to his country, he withdrew wholly from publick business, and resolutely adhered to the pre- ference of philosophical retirement, which, in his circumstances, was just, in spite of every temptation which occurred to bring him back to the more active scene. The remainder of his life he seems to have employed in the most noble contemplations, and the most elegant amusements ; every enjoyment height- ened, no doubt, by reflecting on the honourable part he had acted in publick affairs, and without any regret on his own account, (whatever he might feel for his country,) at having been driven from them. De Witt. Besides the important consequences produced by this second Dutch war in England, it gave birth to two INTRODUCTORY CHAPTER. 29 great events in Holland ; the one as favourable, as the chapter other was disastrous, to the cause of general liberty. The catastrophe of De Witt, the wisest, best, and most truly patriotick minister that ever appeared upon the publick stage, as it was an act of the most crying injustice and ingratitude, so likewise is it the most completely discouraging example, that history affords to the lovers of liberty. If Aristides was banished, he was also recalled: if Dion was repaid for his services to the Syracusans by ingratitude, that ingratitude was more than once repented of: if Sidney and Russel died upon the scaffold, they had not the cruel mortification of falling by the hands of the people: ample justice was done to their memory, and the very sound of their names is still animating to every Englishman attached to their glorious cause. But with De Witt fell also his cause and his party; and although a name so respected by all who revere virtue and wisdom, when employed in their noblest sphere, the political service of the publick, must un- doubtedly be doubly dear to his countrymen, yet I do not know that, even to this day, any publick honours have been paid by them to his memory. On the other hand, the circumstances attending prince of the first appearance of the Prince of Orange in pub- "^^""^ lick affairs, were in every respect most fortunate for 30 INTRODUCTORY CHAPTER. CHAPTER himself, for England, for Europe. Of an age to re- ceive the strongest impressions, and of a character to render such impressions durable, he entered the world in a moment when the calamitous situation of the United Provinces, could not but excite, in every Dutchman, the strongest detestation of the insolent ambition of Lewis the Fourteenth, and the greatest contempt of an English government, which could so far mistake, or betray, the interests of the country, as to lend itself to his projects. Accordingly, the circumstances attending his outset seem to have given a lasting bias to his character; and through the whole course of his life, the prevailing sentiments of his mind seem to have been those which he im- bibed at this early period. These sentiments were most peculiarly adapted to the positions in which this great man was destined to be placed. The light in which he viewed Lewis rendered him the fittest champion of the independence of Europe ; and in England, French influence and arbitrary power were in those times so intimately connected, that he who had not only seen with disapprobation, but had so sen- sibly felt, the baneful effects of Charles's connection with France, seemed eduated,as it were, to^be the de- fender of English liberty. This prince's struggles in defence of his country, his success in rescuing it from INTRODUCTORY CHAPTER. 31 a situation to all appearance so desperate, and the chapter consequent failure and mortification of Lewis the — Fourteenth, form a scene in history upon which the mind dwells with unceasing delight. One never can read Lewis's famous Declaration against the Hol- landers, knowing the event which is to follow, without feeling the heart dilate with exultation, and a kind of triumphant contempt, which, though not quite consonant to the principles of pure philosophy, never fails to give the mind inexpressible satisfaction. Did the relation of such events form the sole, or even any considerable part of the historian's task, pleasant indeed would be his labours ; but, though far less agreeable, it is not a less useful or necessary part of his business, to relate the triumphs of successful wickedness, and the oppression of truth, justice, and liberty. The interval from the separate peace between The conduct TT'lliiTT'lTi' r ^^^ designs Lngland and the United Provinces, to the peace of ofcharies. Nimeguen, was chiefly employed by Charles in i^zs. attempts to obtain money from France and other foreign powers, in which he was sometimes more, sometimes less successful; and in various false pro- fessions, promises, and other devices to deceive his parliament and his people, in which he uniformly failed. Though neither the nature and extent of his 35 INTRODUCTORY CHAPTER. CHAPTER connection with France, nor his design of intro- '■ ducing Popery into England, were known at that time, as they now are, yet there were not wanting many indications of the King's disposition, and of the general tendency of his designs. Reasonable persons apprehended that the supplies asked were intended to be used, not for the specious purpose of main- taining the balance of Europe, but for that of sub- duing the parliament and people who should give Disposition them ; and the great antipathy of the bulk of the of the Nation • n nation to Popery caused many to be both more clear- sighted in discovering, and more resolute in resist- ing, the designs of the court, than they would pro- bably have shown themselves, if civil liberty alone had been concerned. Popish Plot. When the minds of men were in the disposition which such a state of things was naturally calculated to produce, it is not to be wondered at, that a ready, and perhaps a too facile, belief should have been accorded to the rumour of a Popish plot. But with the largest possible allowance for the just apprehen- sions which were entertained, and the consequent irritation of the country, it is wholly inconceivable how such a plot as that brought forward by Tongue and Oates could obtain any general belief. Nor can &ny stretch of candour make us admit it to be probable, INTRODUCTORY CHAPTER. 33 that all who pretended a belief of it did seriously en- chapter tertain it. On the other hand, it seems an absurdity, equal almost in degree to the belief of the plot itself, to suppose that it was a story fabricated by the Earl of Shaftesbury, and the other leaders of the Whig party ; and it would be highly unjust, as well as un- charitable, not to admit, that the generality of those who were engaged in the prosecution of it were probably sincere in their belief of it, since it is un- questionable that at the time very many persons, whose political prejudices were of a quite different complexion, were under the same delusion. The The belief of the plot uiii- unanimous votes of the two Houses of Parliament, versai. and the names, as well as the number, of those who pronounced Lord Stafford to be guilty, seem to put this beyond a doubt. Dryden, writing soon after the time, says, in his Absalom and Achitophel, that the plot was " Bad in itself, but represented worse:" that *' Some truth there was, but dash'd and brew'd with lies :" and that " Succeeding times did equal folly call " Believing nothing, or believing all." and Dryden will not, by those who are conversant in the history and works of that immortal writer, 34 INTRODUCTORY CHAPTER. CHAPTER be suspected either of party prejudice in favour of Shaftesbury and the Whigs, or of any view to pre- judice the country against the Duke of York's suc- cession to the crown. The King repeatedly declared his belief of it. These declarations, if sincere, would have some weight ; but if insincere, as may be reasonably suspected, they afford a still stronger testimony to prove that such belief was not exclu- sively a party opinion, since it cannot be supposed, that even the crooked politicks of Charles could have led him to countenance fictions of his ene- mies, which were not adopted by his own party. Wherefore, if this question were to be decided upon the ground of authority, the reality of the plot would be admitted ; and it must be confessed, that, with regard to facts remote, in respect either of time or place, wise men generally diffide in their own judgment, and defer to that of those who have had a nearer view of them. But there are cases itsabsurdity. where reason speaks so plainly as to make all argu- ment drawn from authority of no avail, and this is surely one of them. Not to mention correspondence by post on the subject of regicide, detailed commis- sions from the Pope, silver bullets, kc. &c. and other circumstances equally ridiculous, we need only advert to the part attributed to the Spanish INTRODUCTORY CHAPTER. 55 government in this conspiracy, and to the alledged chapter intention of murdering the King, to satisfy ourselves that it was a forgery. Rapin, who argues the whole of this affair with Disingenuous justification a degree of weakness as well as disingenuity very of it. unusual to him, seems at last to offer us a kind of compromise, and to be satisfied if we will admit that there was a design or project to introduce Popery and arbitrary power, at the head of which were the King and his brother. Of this I am as much convinced as he can be ; but how does this justify the prosecution and execution of those who suffered, since few, if any of them, were in a situa- tion to be trusted by the royal conspirators with their designs? When he says therefore, that, that is precisely what was understood by the conspi- racy, he by no means justifies those who were the principal prosecutors of the plot. The design to murder the King, he calls the appendage of the plot: a strange expression this, to describe the pro- jected murder of a king! though not more strange than the notion itself when applied to a plot, the ob- ject of which was to render that very king absolute, and to introduce the religion which he'most favoured. But it is to be observed, that though in considering the Bill of Exclusion, the Militia Bill, and other 36 INTRODUCTORY CHAPTER. CHAPTER legislative proceedings, the plot, as he defines it, that is to say, the design of introducing Popery and arbitrary power, was the important point to be looked to ; yet in courts of justice, and for juries and judges, that which he calls the appendage was, generally speaking, the sole consideration. Theproceed- Althouffh therefore, upon a review of this trulv ings on it dis- o a / fhenttiV" shocking transaction, we may be fairly justified in adopting the milder alternative, and in imputing to the greater part of those concerned in it, rather an extraordinary degree of blind credulity, than the deliberate wickedness of planning and assisting in the perpetration of legal murders ; yet the pro- ceedings on the Popish plot must always be consi- dered as an indelible disgrace upon the English nation, in which King, Parliament, judges, juries, witnesses, prosecutors, have all their respective, though certainly not equal, shares. Witnesses, of such a character as not to deserve credit in the most trifling cause, upon the most immaterial facts, gave evidence so incredible, or, to speak more properly, so impossible to be true, that it ought not to have been believed if it had come from the mouth of Cato ; and upon such evidence, from such witnesses, were innocent men condemned to death and executed. Prosecutors, whether attornies INTRODUCTORY CHAPTER. 57 and solicitors-general, or managers of impeach- chapter ment, acted with the fury which in such circum- '■ — stances might be expected ; juries partook natural- ly enough of the national ferment ; and judges, whose duty it was to guard them against such im- pressions, were scandalously active in confirming them in their prejudices, and inflaming their pas- sions. The King, who is supposed to have dis- believed the whole of the plot, never once exercised his glorious prerogative of mercy. It is said he dared not. His throne, perhaps his life, was at stake ; and history does not furnish us with the ex- ample of any monarch with whom the lives of innocent, or even meritorious, subjects ever ap- peared to be of much weight, when put in balance against such considerations. The measures of the prevailing party in the Habeas House of Commons, in these times, appear, (with 1675. * the exception of their dreadful proceedings in the business of the pretended plot, and of their violence towards those who petitioned and ad- dressed against Parliament,) to have been, in ge- neral, highly laudable and meritorious ; and yet I am afraid it may be justly suspected, that it was precisely to; that part of their conduct which related to the plot, and.which is most reprehensible, that 58 INTRODUCTORY CHAPTER. CHAPTER they were indebted for their power to make the — noble, and, and in some instances successful, struggles for liberty, which do so much honour to their me- mory. The danger to be apprehended from military force, being always, in the view of wise men, the most urgent, they first voted the disbanding of the army, and the two Houses passed a bill for that purpose, to which the King found himself obliged to consent. But to the bill which followed, for establishing the regular assembling of the militia, and for providing for their being in arms six weeks in the year, he opposed his royal negative; thus making his stand upon the same point on which his father had done ; a circumstance which, if events had taken a turn against him, would not have failed of being much noticed by historians. Civil securities for freedom came to be afterwards considered ; and it is to be remarked, that to these times of heat and passion, and to one of those parliaments, which so dis- graced themselves and the nation, by the countenance given to Gates and Bedloe, and by the persecution of so many innocent victims, we are indebted for the Habeas Corpus Act, the most important barrier against tyranny, and best framed protection for the liberty of individuals, that has ever existed in any ancient or modern commonwealth. INTRODUCTORY CHAPTER. 39 But the inefficacy of mere laws in favour of chapter the subjects, in the case of the administration of 1 •! Exclusion them falling into the hands of persons hostile Biii. to the spirit in which they had been provided, had been so fatally evinced by the general his- tory of England, ever since the grant of the Great Charter, and more especially by the trans- actions of the preceding reign, that the Parliament justly deemed their work incomplete, unless the Duke of York were excluded from the succession to the crown. A bill, therefore, for the purpose of excluding that Prince, was prepared, and passed the House of Commons ; but being vigorously resisted by the court, by the church, and by the Tories, was lost in the House of Lords. The re- strictions offered by the King to be put upon a Popish successour are supposed to have been among the most powerful of those means to which he was indebted for his success. The dispute was no longer, whether or not the observations dangers resulting from James s succession were real, and such as ought to be guarded against by parliamen- tary provisions ; but whether the exclusion, or re- strictions, furnished the most safe, and eligible mode of compassing the object which both sides pretended to have in view. The argument upon this state of 40 INTRODUCTORY CHAPTER. I. CHAPTER the question is clearly, forcibly, and, I think, con- vincingly, stated by Rapin, who exposes very ably the extreme folly of trusting to measures, without consideration of the men who are to execute them. Even in Hume's statement of the question, what- ever may have been his intention, the arguments in favour of the exclusion appear to me greatly to pre- ponderate. Indeed it is not easy to conceive upon what principles even the Tories could justify their support of the restrictions. Many among them, no doubt, saw the provisions in the same light in which the Whigs represented them, as an expedient, admi- rably indeed adapted to the real object of upholding the present King's power, by the defeat of the ex- clusion, but never likely to take effect for their pretended purpose of controuling that of his suc- cessour ; and supported them for that very reason. But such a principle of conduct was too fraudulent to be avowed ; nor ought it perhaps, in candour, to be imputed to the majority of the party. To those who acted with good faith, and meant that the re- strictions should really take place, and be effectual, surely it ought to have occurred, (and to those who most prized the prerogatives of the crown, it ought most forcibly to have occurred,) that in consenting to curtail the powers of the crown, rather than to INTRODUCTORY CHAPTER. 41 alter the succession, they were adopting the greater, chapter in order to avoid the lesser evil. The question of, what are to be the powers of the crown, is surely of superiour importance to that of, who shall wear it? Those, at least, who consider the royal prero- gative as vested in the King, not for his sake, but for that of his subjects, must consider the one of these questions as much above the other in dignity, as the rights of the public are more valuable than those of an individual. In this view the prerogatives of the crown are in substance and effect the rights of the people ; and these rights of the people were not to be sacrificed to the purpose of preserving the suc- cession to the most favoured prince, much less to one who, on account of his religious persuasion, was justly feared and suspected. In truth, the ques- tion between the exclusion and restrictions seems peculiarly calculated to ascertain the different views in which the different parties in this country have seen, and perhaps ever will see, the prerogatives of the crown. The Whigs, who consider them as a trust for the people, a doctrine which the Tories themselves, when pushed in argument, will some- times admit, naturally think it their duty rather to change the manager of the trust, than to impair the subject of it; while others, who consider them as 43 INTRODUCTORY CHAPTER. CHAPTER the right or property of the King, will as naturally act as they would do in the case of any other pro- perty, and consent to the loss or annihilation of any part of it, for the purpose of preserving the remain- der to him, whom they style the rightful owner. If the people be the sovereign, and the King the dele- gate, it is better to change the bailiff than to injure the farm ; but if the King be the proprietor, it is better the farm should be impaired, nay, part of it destroyed, than that the whole should pass over to an usurper. The royal prerogative ought, ac- cording to the Whigs, (not in the case of a Popish successour only, but in all cases,) to be reduced to such powers as are in their exercise beneficial to the people ; and of the benefit of these they will not rashly suffer the people to be deprived, whether the executive power be in the hands of an hereditary, or of an elected king; of a regent, or of any other denomination of magistrate ; while on the other hand, they who consider prerogative with refer- ence only to royalty, will, with equal readiness, consent either to the extension or the suspension of its exercise, as the occasional interests of the prince may seem to require. The senseless plea of a divine and indefesible right in James, which even the legislature was incompetent to set aside, though as INTRODUCTORY CHAPTER. 43 inconsistent with the declarations of Parliament in chapter the Statute Book, and with the whole practice of the English Constitution, as it is repugnant to nature and common sense, was yet warmly insisted upon by the high-church party. Such an argument, as might naturally be expected, operated rather to provoke the Whigs to perseverance, than to dissuade them from their measure: it was, in their eyes, an additional merit belonging to the Exclusion Bill, that it strengthened, by one instance more, the au- thority of former statutes, in reprobating a doctrine which seems to imply, that man can have a property in his fellow-creatures. By far the best argument in favour of the restrictions, is the practical one, that they could be obtained, and that the exclusion could not; but the value of this argument is chiefly proved by the event. The Exclusionists had a fair prospect of success, and their plan being clearly the best, they were justified in pursuing it. The spirit of resistance which the King showed in the instance of the Militia and the Exclusion Bills, seems to have been systematically confined to those cases where he supposed his power to be more immediately concerned. In the prosecution of the Prosecution aged and innocent Lord Stafford, he was so far from interfering in behalf of that nobleman, that many of 44 INTRODUCTORY CHAPTER. I. CHAPTER those most in his confidence, and, as it is affirmed, the Duchess of Portsmouth herself, openly favoured the prosecution. Even after the dissolution of his last Parliament, when he had so far subdued his enemies as to be no longer under any apprehensions from them, he did not think it vs^orth vs^hile to save the life of Plunket, the Popish Archbishop of Armagh, of whose innocence no doubt could be entertained. But this is not to be wondered at, since, in all trans- actions relative to the Popish Plot, minds of a very different cast from Charles's became, as by some fata- lity, divested of all their wonted sentiments of justice and humanity. Who can read without horrour, the account of that savage murmur of applause, which broke out upon one of the villains at the bar, swear- ing positively to Stafford's having proposed the murder of the King ? And how is this horrour deepened, when we reflect, that in that odious cry were probably mingled the voices of men to whose memory every lover of the English constitution is bound to pay the tribute of gratitude and respect ! Even after condemnation, Lord Russel himself, whose character is wholly (this instance excepted) free from the stain of rancour or cruelty, stickled for the severer mode of executing the sentence, in a manner which his fear of the King's establishing INTRODUCTORY CHAPTER. 45 a precedent of pardoning in cases of impeachment, chapter (for this, no doubt, was his motive,) cannot satisfac — torily excuse. In an early period of the King's difficulties. Sir Templets ad- William Temple, whose life and character is a re- futation of the vulgar notion that philosophy and practical good sense in business are incompatible attainments, recommended to him the plan of go- verning by a council, which was to consist in great part of the most popular noblemen and gentlemen in the kingdom. Such persons being the natural, as well as the safest, mediators between princes and discontented subjects, this seems to have been the best possible expedient. Hume says it was found too feeble a remedy ; but he does not take notice that it was never in fact tried, inasmuch as, not only the King's confidence was withheld from the most considerable members of the council, but even the most important determinations were taken without consulting the council itself. Nor can there be a doubt but the King's views, in adopting Temple's advice, were totally different from those of the adviser, whose only errour in this transaction seems to have consisted in recommending a plan, wherein confidence and fair dealing were of neces- sity to be principal ingredients, to a prince whom 46 INTRODUCTORY CHAPTER. CHAPTER he well knew to be incapable of either. Accord- i^^g^X' having appointed the council in April, with a promise of being governed in important matters by their advice, he in July dissolved one Parlia- ment without their concurrence, and in October, forbade them even to give their opinions upon the propriety of a resolution which he had taken of proroguing another. From that time he probably considered the council to be, as it was, virtually dissolved ; and it was not long before means pre- sented themselves to him, better adapted, in his estimation, even to his immediate objects, and cer- tainly more suitable to his general designs. The union between the court and the church party, which had been so closely cemented by their success- ful resistance to the Exclusion Bill, and its authors, had at length acquired such a degree of strength and consistency, that the King ventured first to appoint Oxford, instead of London, for the meeting of Par- liament ; and then, having secured to himself a good Dissolution pension from France, to dissolve the Parliament the Second's thcrc met, with a full resolution never to call last Parlia- . • j j T ■ 1 J ment. auother ; to which resolution, indeed, Lewis had bound him, as one of the conditions on which he was to receive his stipend.'^ No measure was ever * Dairymple's Memoir?. INTRODUCTORY CHAPTER. 47 attended with more complete success. The most chapter flattering addresses poured in from all parts of the kingdom; divine right, and indiscriminate obedi- ence, were every where the favourite doctrines ; and men seemed to vie with each other who should have the honour of the greatest share in the glorious work of slavery, by securing to the King, for the present, and, after him, to the Duke, absolute and uncontroul- able power. They, who, either because Charles had been called a forgiving prince by his flatterers, (upon what ground I could never discover,) or from some supposed connection between indolence and good nature, had deceived themselves into a hope, that his tyranny would be of the milder sort, found themselves much disappointed in their expectations. The whole history of the remaining part of his his power . ^"^ tyranny. reign exhibits an uninterrupted series of attacks upon the liberty, property, and lives of his subjects. The character of the government appeared first, and with the most marked and prominent features, in Scotland. The condemnation of Argyle and Weir, in Scotland. the one for having subjoined an explanation when he took the test oath, the other for having kept company with a rebel, whom it was not proved he knew to be such, and who had never been pro- claimed, resemble more the acts of Tiberius and 48 INTRODUCTORY CHAPTER. CHAPTER Domitian, than those of even the most arbitrary , --- modern governments. It is true, the sentences were not executed ; Weir was reprieved ; and whether or not Argyle, if he had not deemed it more prudent to escape by flight, would have experienced the same clemency, cannot now be ascertained. The terrour of these examples would have been, in the judgment of most men, abundantly sufficient to teach the people of Scotland their duty, and to satisfy them that their lives, as well as every thing else they had been used to call their own, were now completely in the power of their masters. But the government did not stop here, and having out- lawed thousands, upon the same pretence upon which Weir had been condemned, inflicted capital punishment upon such criminals of both sexes as refused to answer, or answered otherwise than was prescribed to them, to the most ensnaring questions. In England. In England, the City of London seemed to hold out for a certain time, like a strong fortress in a conquered country ; and, by means of this citadel, Shaftesbury and others were saved from the ven- geance of the court. But this resistance, however honourable to the corporation who made it, could not be of long duration. The weapons of law and justice were found feeble, when opposed to the INTRODUCTORY CHAPTER. 49 power of a monarch, who was at the head of a chapter numerous and bigoted party of the nation, and who, which was most material of all, had enabled him- self to govern without a Parliament. Civil resist- ance in this country, even to the most illegal attacks of royal tyrannj, has never, I believe, been suc- cessful, unless when supported by Parliament, or at least by a great party in one or other of the two Houses. The Court, having wrested from the Livery of London, partly by corruption, and partly by violence, the free election of their mayor and sheriffs, did not wait the accomplishment of their plan for the destruction of the whole corporation, which, from their first success, they justly deemed certain ; but immediately proceeded to put in ex- ecution their system of oppression. Pilkington, Exorbitant Colt, and Oates were fined a hundred thousand pounds each for having spoken disrespectfully of the Duke of York ; Barnardiston ten thousand, for having in a private letter expressed sentiments deemed improper ; and Sidney, Russel, and Arm- strong, found that the just and mild principles which characterise the criminal law of England could no longer protect their lives, when the sacri- fice was called for by the policy or vengeance of the King. To give an account of all the oppression of H 50 INTRODUCTORY CHAPTER. CHAPTER this period, would be to enumerate every arrest, — i — every trial, every sentence, that took place in ques- tions between the crown and the subjects. Rye-house Qf thc Rye-housc plot it may be said, much more 1683. truly than of the Popish, that there was in it some truth, mixed with much falsehood ; and though many of the circumstances in Kealing's account are nearly as absurd and ridiculous as those in Oates's, it seems probable that there was among some of those accused, a notion of assassinating the King ; but whether this notion was ever ripened into what may be called a design, and, much more, whether it were ever evinced by such an overt act, as the law requires for conviction, is very doubtful. In regard to the conspirators of higher ranks, from whom all suspicion of participation in the intended assassination has been long since done away, there is unquestionably reason to believe that they had often met and consulted, as well for the purpose of ascertaining the means they actually possessed as for that of devising others, for delivering their country from the dreadful servitude into which it had fallen ; and thus far their conduct appears clearly to have been laudable. If they went fur- ther, and did any thing which could be fairly construed into an actual conspiracy, to levy war INTRODUCTORY CHAPTER. 51 against the King, they acted, considering the dispo- chapter sition of the nation at that period, very indiscreetly. ' But whether their proceedings had ever gone this length, is far from certain. Monmouth's communi- cations with the King, when we reflect upon all the circumstances of those communications, deserve not the smallest attention ; nor indeed, if they did, does the letter which he afterwards withdrew, prove any thing upon this point. And it is an outrage to common sense to call Lord Grey's narrative, written, as he himself states in his letter to James the Second, while the question of his pardon was pending, an authentick account. That which is most certain in this affair is, that they had committed no overt act, indicating the imagining of the King's death, even ac- cording to the most strained construction of the statute of Edward the Third ; much less was any such act legally proved against them. And the con- spiring to levy war was not treason, except by a Execution of recent statute of Charles the Second, the prosecutions upon which were expressly limited to a certain time, which in these cases had elapsed ; so that it is im- possible not to assent to the opinion of those who have ever stigmatized the condemnation and execu- tion of Russel as a most flagrant violation of law and justice. Russel. 5^ INTRODUCTORY CHAPTER. CHAPTER The proceedings in Sidney's case were still more ^' detestable. The production of papers, containing Trial and spcculative ooinions upon government and liberty, Execution of *^ , ^ TO / » Sidney. writtcu loug before, and perhaps never even in- tended to be published, together w^ith the use made of those papers, in considering them as a substitute for the second witness to the overt act, exhibited such a compound of wickedness and nonsense as is hardly to be paralleled in the history of juridical tyranny. But the validity of pretences was little at- tended to, at that time, in the case of a person whom the court had devoted to destruction, and upon evidence such as has been stated, w^as this great and excellent man condemned to die. Pardon was not to be expected. Mr. Hume says, that such an inter- ference on the part of the King, though it might have been an act of heroick generosity, could not be regarded as an indispensable duty. He might have said, with more propriety, that it was idle to expect that the government, after having incurred so much guilt in order to obtain the sentence, should, by re- mitting it, relinquish the object, just when it was within its grasp. The same historian considers the jury as highly blameable, and so do I ; but what was their guilt, in comparison of that of the court who tried, and of the government who prosecuted, in this INTRODUCTORY CHAPTER. 53 infamous cause ? Yet the jury, being the only party chapter that can with any colour be stated as acting inde- ' pendently of the government, is the only one men- tioned by him as blameable. The prosecutor is wholly omitted in his censure, and so is the court ; this last, not from any tenderness for the judge, (who, to do this author justice, is no favourite with him,) but lest the odious connection between that branch of the judicature and the government should strike the reader too forcibly ; for JeflFeries, in this in- stance, ought to be regarded as the mere tool and instrument, (a fit one, no doubt,) of the prince who had appointed him for the purpose of this and similar services. Lastly, the King is gravely introduced on the question of pardon, as if he had had no prior con- cern in the cause, and were now to decide upon the propriety of extending mercy to a criminal condemned by a court of judicature ; nor are we once reminded what that judicature was, by whom appointed, by whom influenced, by whom called upon, to receive that detestable evidence, the very recollection of which, even at this distance of time, fires every honest heart with indignation. As well might we palliate the murders of Tiberius, who seldom put to death his victims without a previous decree of his senate. The moral of all this seems to be, that 54 INTRODUCTORY CHAPTER. CHAPTER whenever a prince can, by intimidation, corruption, ' illegal evidence, or other such means, obtain a verdict against a subject whom he dislikes, he may cause him to be executed without any breach of in- dispensable duty ; nay, that it is an act of heroick generosity, if he spares him. I never reflect on Mr. Hume's statement of this matter but with the deepest regret. Widely as I differ from him upon many other occasions, this appears to me to be the most reprehensible passage of his whole work. A spirit of adulation towards deceased princes, though in a good measure free from the imputation of interested meanness, which is justly attached to flattery, when applied to living monarchs ; yet, as it is less intel- ligible, with respect to its motives, than the other, so is it in its consequences, still more pernicious to the general interests of mankind. Fear of censure from contemporaries will seldom have much eflfect upon men in situations of unlimited authority : they will too often flatter themselves, that the same power which enables them to commit the crime, will secure them from reproach. The dread of posthu- mous infamy, therefore, being the only restraint, their consciences excepted, upon the passions of such persons, it is lamentable that this last defence, {feeble enough at best,) should in any degree be INTRODUCTORY CHAPTER. 55 impaired ; and impaired it must be, if not totally de- chapter stroyed, when tyrants can hope to find in a man like Hume, no less eminent for the integrity and bene- volence of his heart, than for the depth and sound- ness of his understanding, an apologist for even their foulest murders. Thus fell Russel and Sidney, two names that will, it is hoped, be for ever dear to every English heart. When their memory shall cease to be an ob- ject of respect and veneration, it requires no spirit of prophecy to foretell that English liberty will be fast approaching to its final consummation. Their deportment was such as might be expected from men who knew themselves to be suffering, not for their crimes, but for their virtues. In courage they were equal, but the fortitude of Russel, who was connected with the world by private and domestic ties, which Sidney had not, was put to the severer trial ; and the story of the last days of this excellent man's life, fills the mind with such a mixture of tenderness and admiration, that I know not any scene in his- tory that more powerfully excites our sympathy, or goes more directly to the heart. The very day on which Russel was executed, Oxford De- the University of Oxford passed their famous Decree, condemning formally, as impious and heretical 56 INTHODUCTORY CHAPTER. CHAPTER propositions, everyprinciple upon which the consti- ' tution of this or any other free country can maintain itself. Nor was this learned body satisfied with stigmatizing such principles as contrary to the Holy Scriptures, to the decrees of Councils, to the writings of the Fathers, to the faith and profession of the primitive church, as destructive of the kingly go- vernment, the safety of his Majesty's person, the publick peace, the laws of nature, and bounds of human society ; but after enumerating the several obnoxious propositions, among which was one de- claring all civil authority derived from the people ; another, asserting a mutual contract, tacit or express, between the King and his subjects; a third, main- taining the lawfulness of changing the succession to the crown ; with many others of a like nature, they solemnly decreed all and every of those propositions to be not only false and seditious, but impious, and that the books which contained them were fitted to lead to rebellion, murder of princes, and atheism itself. Such are the absurdities which men are not ashaaied to utter in order to cast odious imputations upon their adversaries ; and such the manner in which churchmen will abuse, when it suits their policy, the holy name of that religion whose first precept is to love one another, for the purpose of INTRODUCTORY CHAPTER. 5 7 teaching us to hate our neighbours witli more than chapter ordinary rancour. If Much ado about Nothing had been published in those days, the town-clerk's decla- ration, that receiving a thousand ducats for accusing the Lady Hero wrongfully, was flat burglary, might be supposed to be a satire upon this decree ; yet Shakespeare, well as he knew human nature, not only as to its general course, but in all its eccentrick deviations, could never dream, that, in the persons of Dogberry, Verges, and their followers, he was re- presenting the vice-chancellors and doctors of our learned University. Among the oppressions of this period, most of Mr. Locke's which were attended with consequences so much from Oxford. more important to the several objects of persecution, it may seem scarcely worth while to notice the ex- pulsion of John Locke from Christ Church College, Oxford. But besides the interest which every incident in the life of a person so deservedly eminent, natu- rally excites, there appears to have been something in the transaction itself characteristick of the spirit of the times, as well as of the general nature of ab- solute power. Mr. Locke was known to have been intimately connected with Lord Shaftesbury, and had very prudently judged it advisable for him, to prolong for some time his residence upon the 58 INTRODUCTORY CHAPTER. CHAPTER Continent, to which he had resorted originally on '. — account of his health. A suspicion, as it has been since proved, unfounded, that he was the author of a pamphlet which gave offence to the government, induced the King to insist upon his removal from his studentship at Christ Church. Sunderland writes, by the King's command, to Dr. Fell, Bishop of Ox- ford, and Dean of Christ Church. The reverend pre- late answers, that he has long had an eye upon Mr. Locke's behaviour ; but though frequent attempts had been made, (attempts of which the Bishop expresses no disapprobation,) to draw him into imprudent con- versation, by attacking, in his company, the reputa- tion, and insulting the memory, of his late patron and friend, and thus to make his gratitude, and all the best feelings of his heart, instrumental to his ruin, these attempts all proved unsuccessful. Hence the Bishop infers, not the innocence of Mr. Locke, but that he was a great master of concealment, both as to words and looks; for looks, it is to be supposed, would have furnished a pretext for his expulsion, more decent than any which had yet been disco- vered. An expedient is then suggested, to drive Mr. Locke to a dilemma, by summoning him to at- tend the College on the first of January ensuing. If he do not appear, he shall be expelled for contumacy; INTRODtrCTORY CHAPTER. 59 if he come, matter of charge may be found against chapter him, for what he shall have said at London, or else where, where he will have been less upon his guard than at Oxford. Some have ascribed Fell's hesita- tion, if it can be so called, in executing the King's order, to his unwillingness to injure Locke, who was his friend; others, with more reason, to the doubt of the legality of the order. However this may have been, neither his scruple nor his reluctance was regarded by a court who knew its own power. A peremptory order was accordingly sent, and imme- diate obedience ensued.''' Thus, while, without the shadow of a crime, Mr. Locke lost a situation at- tended with some emolument, and great conve- nience, was the University deprived of, or rather thus, from the base principles of servility, did she cast away, the man the having produced whom is now her chiefest glory; and thus, to those who are not determined to be blind, did the true nature of absolute power discover itself, against v\^hich the middling station is not more secure than the most exalted. Tyranny, when glutted with the blood of the great, and the plunder of the rich, will conde- scend to hunt humbler game, and make a peaceable Vide Sunderland's correspondence with the Bishop of Oxford, in the Appendix. 60 INTRODUCTORY CHAPTER. CHAPTER and innocent fellow of a college the object of its '. — persecution. In this instance one would almost imagine there was some instinctive sagacity in the government of that time, which pointed out to them, even before he had made himself known to the world, the man who was destined to be the most successful adversary of superstition and tyranny. Forfeiture of Thc King, duriug the remainder of his reign, seems, with the exception of Armstrong's execution, which must be added to the catalogue of his mur- ders, to have directed his attacks more against the civil rights, properties, and liberties, than against the lives of his subjects. Convictions against evi- dence, sentences against law, enormous fines, cruel imprisonments, were the principal engines'' em- ployed for the purpose of breaking the spirit of in- dividuals, and fitting their necks for the yoke. But it was not thought fit to trust wholly to the effect which such examples would produce upon the pub- lick. That the subjugation of the people might be complete, and despotism be established upon the most solid foundation, measures of a more gene- ral nature and effect were adopted ; and first, the * The expedient of transporting men among common felons for political offences was not then invented, which is the more extraordi- nary, as it had begun in this reign to be in some degree made use of in religious persecutions. INTRODUCTORY CHAPTER. 61 charter of London, and then those of ahnost all the chapter ^ , I. other corporations in England, were either forfeited, or forced to a surrender. By this act of violence two important points were thought to be gained ; one, that in every regular assemblage of the people, in any part of the kingdom, the crown would have a commanding influence ; the other, that in case the King should find himself compelled to break his en- gagement to France, and to call a parliament, a great majority of members would be returned by electors of his nomination, and subject to his controul. In the affair of th^ charter of London, it was seen, as in the case of ship-money, how idle it is to look to the integrity of judges for a barrier against royal encroachments, when the courts of justice are not under the constant and vigilant controul of Parlia- ment. And it is not to be wondered at that, after such a warning, and with no hope of seeing a Parlia- ment assemble, even they who still retained their attachment to the true constitution of their country, should rather give way to the torrent, than make a fruitless and dangerous resistance. Charles being thus completely master, was deter- Despot mined that the relative situation of him and his subjects should be clearly understood, for which pur- pose he ordered a declaration to be framed, wherein, ism established. 63 INTRODUCTORY CHAPTER. CHAPTER after having stated that he considered the degree of confidence they had reposed in him as an honour particular to his reign, which not one of his pre- decessors had ever dared even to hope for, he assured them he would use it with all possible moderation, and convince even the most violent republicans, that as the crown was the origin of the rights and liberties of the people, so was it their most certain and secure support. This gracious declaration was ready for the press at the time of the King's death, and if he had lived to issue it, there can be little doubt how it would have been received, at a time when nunquam Libertas gratior extat Quam sub Rege pio, was the theme of every song, and, by the help of some perversion of Scripture, the text of every sermon. But whatever might be the language of flatterers, and how loud soever the cry of a triumphant, but deluded Despondency party, thcrc wcrc not wanting men of nobler senti- of good men. ^ r • i • x#- i ments, and ot more rational views. Minds once thoroughly imbued with the love of what Sidney, in his last moments, so emphatically called the good old cause, will not easily relinquish their principles ; nor was the manner in which absolute power was exer- cised, such as to reconcile to it, in practice, those who had always been averse to it in speculation. INTRODUCTORY CHAPTER. 63 The hatred of tyranny must, in such persons, have chapter been exasperated by the experience of its effects, and — their attachment to liberty proportionably confirmed. To them the state of their country must have been in- tolerable : to reflect upon the efforts of their fathers, once their pride and glory, and whom they themselves had followed with no unequal steps, and to see the result of all in the scenes that now presented them- selves, must have filled their minds with sensations of the deepest regret, and feelings bordering at least on despondency. To us, who have the opportunity of combining, in our view of this period, not only the preceding but subsequent transactions, the consider- ation of it may suggest reflections far different, and speculations more consolatory. Indeed I know not that history can furnish a more forcible lesson against despondency, than by recording, that within a short time from those dismal days in which men of the greatest constancy despaired, and had reason to do so, within five years from the death of Sidney, arose the brightest aera of freedom known to the annals of our country. It is said that the King, when at the summit of fntended his power, was far from happy; and a notion has measures, been generally entertained, that not long before his death he had resolved upon the recall of Monmouth, 64 IN 1 RODUCTORY CHAPTER. I. CHAPTER and a correspondent change of system. That some such change was apprehended seems extremely pro- bable, from the earnest desire which the court of France, as well as the Duke of York's party in England, entertained, in the last years of Charles's life, to remove the Marquis of Halifax, who was supposed to have friendly dispositions to Monmouth. Among the various objections to that nobleman's political principles, we find the charge most relied upon, for the purpose of injuring him in the mind of the King, was founded on the opinion he had delivered in council, in favour of modelling the charters of the British Colonies in North America upon the principles of the rights and privileges of Englishmen. There was no room to doubt, (he was accused of saying,) that the same laws under which we live in England, should be established in a country composed of Englishmen. He even dilated upon this, and omitted none of the reasons by which it can be proved, that an absolute government is neither so happy nor so safe as that which is temper- ed by laws, and which limits the authority of the prince. He exaggerated, it was said, the mischiefs of a sovereign power, and declared plainly, that he could not make up his mind to live under a king who should have it in his power to take, when he INTRODUCTORY CHAPTER. 65 pleased, the money he might have in his pocket, chapter All the other ministers had combated, as might be expected, sentiments so extraordinary; and without entering into the general question of the comparative value of different forms of government, maintained that his Majesty could, and ought to govern countries so distant, in the manner that should appear to him most suitable for preserving or augmenting the strength and riches of the mother country. It had been therefore resolved, that the government and council of the Provinces under the new charter, should not be obliged to call assemblies of the colo- nists for the purpose of imposing taxes, or making other important regulations, but should do what they thought fit, without rendering any account of their actions, except to his Britannick Majesty. The affair having been so decided with a concurrence only short of unanimity, was no longer considered as a matter of importance, nor would it be worth records ing, if the Duke of York and the French court had not fastened uoon it,* as affording the best evidence of the danger tp be apprehended from having a man of Halifax's principles in any situation of trust or power. There is something curious in discovering, that, even at this early period, a question relative to * Vide Barillon's Dispatches, 7th Dec. 1684. Appendix, p. vii. K 66 INTRODUCTORY CHAPTER. CHAPTER North American liberty, and even to North American taxation, was considered as the test of principles friendly, or adverse, to arbitrary povs^er at home. But the truth is, that among the several controversies which have arisen, there is no other wherein the natural rights of man on the one hand, and the au- thority of artificial institution on the other, as ap- plied respectively, by the Whigs and Tories, to the English constitution, are so fairly put in issue, nor by which the line of separation between the two parties is so strongly and distinctly marked. Charles's Thcrc is somc reason for believing that the court death. ^ ^ O ^ 1685. of Versailles had either wholly discontinued, or at least had become very remiss in, the payments of Charles's pension ; and it is not unlikely that this consideration may have induced him either really to think of calling a parliament, or at least to tlireaten Lewis with such a measure, in order to make that prince more punctual in performing his part of their secret treaty. But whether or not any secret change was really intended, or if it were, to what extent, and to what objects directed, are points which cannot now be ascertained, no publick steps having ever been taken in this affair, and his Majesty's intentions, if in truth he had any such, becoming abortive by the sudden illness which seized him on the first of INTRODUCTORY CHAPTER. 6? February 168 5, and which, in a few days afterwards, chapter put an end to his reign and life. His death was by many supposed to have been the effect of poison ; but although there is reason to believe that this sus- picion was harboured by persons very near to him, and among others, as I have heard, by the Dutchess of Portsmouth, it appears, upon the whole, to rest upon very slender foundations." With respect to the character of this Prince, upon Hiscimrac- the delineation of which so much pains have been employed, by the various writers who treat of the history of his time, it must be confessed that the facts which have been noticed in the foregoing pages, furnish but too many illustrations of the more unfa^ vourable parts of it. From these we may collect, that his ambition was directed solely against his sub- jects, while he was completely indifferent concern- ing the figure which he or they might make in the general affairs of Europe ; and that his desire of power was more unmixed with love of glory than * Mr. Fox had this report from the family of his mother, great- grandaughter to the Dutchess of Portsmouth. — The Dutchess of Ports- mouth lived to a very advanced age, and retained her faculties to the period of her death, which happened in nS^jat Aubigny. — Mr. Fox's mother, when very young, saw her at that place ; and many of the Lenox family, with whom Mr. Fox was subsequently acquainted, had, no doubt, frequently conversed with her. 68 INTRODUCTORY CHAPTER. CHAPTER that of any other man whom history has recorded ; that he was unprincipled, ungrateful, mean, and treacherous, to which may be added, vindictive, and remorseless. For Burnet, in refusing to him the praise of clemency and forgiveness seems to be per- fectly justifiable, nor is it conceivable upon what pretence his partizans have taken this ground of panegyrick. I doubt whether a single instance can be produced , of his having spared the life of any one whom motives, either of policy, or of revenge, prompted him to destroy. To alledge that of Monmouth, as it would be an affront to human nature, so would it likewise imply the most severe of all satires against the monarch himself, and we may add too an unde- served one. For in order to consider it as an act of meritorious forbearance on his part, that he did not follow the example of Constantine, and Philip the Second, by imbruing his hands in the blood of his son, we must first suppose him to have been wholly void of every natural aflPection, which does not appear to have been the case. His declaration, that he would have pardoned Essex, being made when that nobleman was dead, and not followed by any act evincing its sincerity, can surely obtain no credit from men of sense. If he had really had the inten- tion, he ought not to have made such a declaration, INTRODUCTORY CHAPTER. 69 unless he accompanied it with some mark of kind- chapter ness to the relations, or with some act of mercy to the friends, of the deceased . Considering it as a mere piece of hypocrisy, we cannot help looking upon it as one of the most odious passages of his life. This ill-timed boast of his intended mercy, and the brutal taunt with which he accompanied his mitigation, (if so it may be called,) of Russel's sentence, shew his in- sensibility and hardness to have been such, that in questions where right feelings were concerned, his good sense, and even the good taste for which he has been so much extolled, seemed wholly to desert him. On the other hand, it would be want of candour His good to maintain, that Charles was entirely destitute Qf"^"^'^'^"' good qualities ; nor was the propriety of Burnet's comparison between him and Tiberius ever felt, I imagine, by any one but its author. He was gay and affable, and, if incapable of the sentiments be- longing to pride of a laudable sort, he was at least free from haughtiness and insolence. The praise of politeness, which the Stoicks are not perhaps wrong in classing among the moral virtues, provided they admit it to be one of the lowest order, has never been denied him, and he had in an eminent degree that facility of temper which, though considered by some moralists as nearly allied to vice, yet, inasmuch as it 70 INTRODUCTORY CHAPTER. CHAPTER contributes greatly to the happiness of those around lis, is, in itself, not only an engaging, but an estimable quality. His support of the Queen during the heats raised by the Popish plot, ought to be taken rather as a proof that he was not a monster, than to be ascribed to him as a merit ; but his steadiness to his brother, though it may and ought, in a great measure, to be accounted for upon selfish principles, had at least a strong resemblance to virtue. The best part of this Prince's character seems to have been his kindness towards his mistresses, and his affection for his children, and others nearly con- nected to him by the ties of blood. His recommen- dation of the Dutchess of Portsmouth and Mrs. Gwyn, upon his death-bed, to his successor, is much to his honour; and they who censure it, seem, in their zeal to show themselves strict moralists, to have suf- fered their notions of vice and virtue to have fallen into strange confusion. Charles's connection with those ladies might be vicious, but at a moment when that connection was upon the point of being finally, and irrevocably dissolved, to concern himself about their future welfare, and to recommend them to his brother with earnest tenderness, was virtue. It is not for the interest of morality that the good and evil actions, even of bad men, should be confounded. INTRODUCTORY CHAPTER. 71 His affection for the Duke of Gloucester, and for the chapter Dutchess of Orleans, seems to have been sincere and cordial. To attribute, as some have done, his grief for the loss of the first to political considerations, founded upon an intended balance of power between his two brothers, would be an absurd refinement, whatever were his general disposition ; but when we reflect upon that carelessness which, especially in his youth, was a conspicuous feature of his character, the absurdity becomes still more striking. And though Burnet more covertly, and Ludlow more openly, insinuate that his fondness for his sister was of a criminal nature, I never could find that there was any ground whatever for such a suspicion ; nor does the little that remains of their epistolary cor- respondence give it the smallest countenance. Upon the whole, Charles the Second was a bad man, and a bad king: let us not palliate his crimes; but neither let us adopt false or doubtful imputations, for the purpose of making him a Monster. Whoever reviews the interesting period which Reflexions II I . . , . . I upon the pro- we have been discussing, upon the principle recom- babie conse- mended in the outset of this chapter, will find, that, reign and death. from the consideration of the past, to prognosticate the future, would, at the moment of Charles's demise, be no easy task. Between two persons, one of 72 INTRODUCTORY CHAPTER. CHAPTER whom should expect that the country would re- main sunk in slavery, the other, that the cause of freedom would revive and triumph, it would he difficult to decide, whose reasons were better sup- ported, whose speculations the more probable. I should guess that he who desponded, had looked more at the state of the publick, while he who was sanguine, had fixed his eyes more attentively upon the person who was about to mount the throne. Upon reviewing the two great parties of the nation, one observation occurs very forcibly, and that is, that the great strength of the Whigs consisted in their being able to brand their adver- saries as favourers of Popery; that of the Tories, (as far as their strength depended upon opinion, and not merely upon the power of the crown,) in their finding colour to represent the Whigs as republi- cans. From this observation we may draw a further inference, that, in proportion to the rashness of the Crown, in avowing and pressing forward the cause of Popery, and to the moderation and steadiness of the Whigs, in adhering to the form of monarchy, would be the chance of the people of England, for changing an ignominious despotism, for glory, liberty, and happiness. CHAPTER II. HISTORY OF THE EARLY PART OF THE REIGN OF JAMES THE SECOND. CONTENTS "Accession of James II. — His Declaration in Council: Acceptable " to the Nation. — Arbitrary Designs of his Reign. — Former Minis- " ters continued. — Money Transactions with France. — Revenue " levied without Authority of Parliament. — Persecution of Dissen- " ters — Character of Jefferies. — The King's Affectation of Inde- " pendence. — Advances to the Prince of Orange. — The primary " Object of this Reign. — Transactions in Scotland. — Severe Perse- " cutions there. — Scottish Parliament. — Cruelties of Government. — " English Parliament: Its Proceedings. — Revenue. — Votes con- " cerning Religion — Bill for Preservation of the King's Person. — " Solicitude for the Church of England. — Reversal of Stafford's " Attainder rejected. — Parliament adjourned. — Character of the " Tories.— Situation of the Whigs." E. [77 ] CHAPTER THE SECOND, Charles the Second expired on the sixth of Feb- chapter ruary 1684-5, and on the same day his successor ! — was proclaimed King in London, with the usual Accession of formalities, by the title of James the Second. The Feb. 6th. great influence which this Prince was supposed to have possessed in the government, during the latter years of his brother's reign, and the expectation which was entertained, in consequence, that his measures, when monarch, would be of the same character and complexion with those which he was known to have highly approved, and of which he was thought by many to have been the principal author, when a subject, left little room for that spirit of speculation, which generally attends a demise of the Crown. And thus an event, which, when apprehended a few years before, had, according to a strong expression of Sir William Temple, been 78 HISTORY OF THE REIGN CHAPTER looked upon as the end of the world, was now II. deemed to be of small comparative importance. First steps of Its tendency, indeed, was rather to ensure perse- iiis reign. i • i verance than to effect any change in the system which had been of late years pursued. As there are, however, some steps indispensably necessary on the accession of a new prince to the throne, to these the publick attention was directed, and, though the character of James had been long so generally understood, as to leave little doubt respecting the political maxims and principles by which his reign would be governed, there was probably much cu- riosity, as upon such occasions there always is, with regard to the conduct he would pursue in matters of less importance, and to the general language and behaviour which he would adopt in his new situ- ation. His first step was, of course, to assemble the privy council, to whom he spoke as follows: His deciara- " BefoFe I enter upon any other business, I think tion in coun- ri • • i i i i cii. " fit to say something to you. bmce it hath pleased " Almighty God to place me in this station, and I " am now to succeed so good and gracious a king, *' as well as so very kind a brother, I think it fit to *' declare to you, that I will endeavour to follow *' his example, and most especially in that of his OF JAMES THE SECOND. 79 " great clemency and tenderness to his people. I chapter '* have been reported to be a man for arbitrary power; *' but that is not the only story that has been made *' of me: and I shall make it my endeavour to pre- *' serve this government, both in Church and State, *' as it is now by law established. I know the ** principles of the Church of England are for Mo- *' narchy, and the members of it have shewn them- *' selves good and loyal subjects; therefore I shall " always take care to defend and support it. I know *' too, that the laws of England are sujfficient to *' make the King as great a monarch as I can wish; •* and as I shall never depart from the just rights *' and prerogatives of the crown, so I shall never " invade any man's property. I have often here- " tofore ventured my life in defence of this nation ; *' and I shall go as far as any man in preserving it " in all its just rights and liberties."* With this declaration the council were so highly Acceptable satisfied, that they supplicated his Majesty to make it publick, which was accordingly done; and it is reported to have been received with unbounded applause by the greater part of the nation. Some, perhaps, there were, who did not think the boast * Kennet. III. 420. 80 HISTORY OF THE REIGN CHAPTER of having ventured his life, very manly, and who, considering the transactions of the last vears of Charles s reign, were not much encouraged by the promise of imitating that monarch in clemency and tenderness to his subjects. To these it might ap- pear, that whatever there was of consolatory in the King's disclaimer of arbitrary power, and professed attachment to the laws, was totally done away, as well by the consideration of what his Majesty's no- tions of power and law were, as by his declaration, that he would follow the example of a predecessor, whose government had not only been marked with the violation, in particular cases, of all the most sacred laws of the realm, but had latterly, by the disuse of parliaments, in defiance of the statute of the sixteenth year of his reign, stood upon a founda- tion radically and fundamentally illegal. To others it might occur, that even the promise to the Church of England, though express with respect to the condition of it, which was no other than perfect acquiescence in what the King deemed to be the true principles of monarchy, was rather vague with regard to the nature, or degree of support to which the royal speaker might conceive himself engaged. The words, although, in any interpretation of them, they conveyed more than he possibly ever intended l68L OF JAMES THE SECOND. 81 to perform, did by no means express the sense which chapter at that time, by his friends, and afterwards by his enemies, was endeavoured to be fixed on them. There was indeed a promise to support the estab- lishment of the Church, and consequently the laws upon which that establishment immediately rested ; but by no means an engagement to maintain all the collateral provisions which some of its more zeal- ous members might judge necessary for its security. But whatever doubts or difficulties might be felt. Triumph of few or none were expressed. The Whigs, as a van- quished party, were either silent, or not listened to, and the Tories were in a temper of mind which does not easily admit suspicion. They were not more delighted with the victory they had obtained over their adversaries, than with the additional stability which, as they vainly imagined, the accession of the new monarch was likely to give to their system. The truth is, that, his religion excepted, (and that objection they were sanguine enough to consider as done away by a few gracious words in favour of the Church,) James was every way better suited to their purpose than his brother. They had enter- tained continual apprehensions, not perhaps wholly unfounded, of the late King's returning kindness to Monmouth, the consequences of which could not 8^ HISTORY OF THE REIGN CHAPTER easily be calculated ; whereas, every occurrence that had happened, as well as every circumstance in James's situation, seemed to make him utterly ir- reconcileable with the Whigs. Besides, after the reproach, as well as alarm, which the notoriety of Charles's treacherous character must so often have caused them, the very circumstance of having at their head a Prince, of whom they could with any colour hold out to their adherents, that his word was to be depended upon, was in itself a matter of triumph and exultation. Accordingly the watch- word of the party was every where, iVe have the word of a King, and a word never yet broken ; and to such a length was the spirit of adulation, or {>er- haps the delusion, carried, that this royal declara- tion was said to be a better security for the liberty and religion of the nation, than any which the law could devise.* The Kings The King, though much pleased, no doubt, with Jigns.'^"^^ '^ the popularity which seemed to attend the com- mencement of his reign, as a powerful medium for establishing the system of absolute power, did not suffer himself, by any shew of affection from his people, to be diverted from his design of rendering his government independent of them. To this * Burnet. OF JAMES THE SECOND. 83 design we must look as the main-spring of all his chapteh actions at this period ; for with regard to the Roman Catholick religion, it is by no means certain that he yet thought of obtaining for it any thing more than a complete toleration. With this view, there- Ministers re- n 1 11 1 • 1' • 1 • appointed. fore, he could not take a more judicious resolution than that which he had declared in his speech to the privy council, and to which he seems, at this time, to have stedfastly adhered, of making the go- vernment of his predecessor the model for his own. He therefore continued in their offices, not- withstanding the personal objections he might have to some of them, those servants of the late King, during whose administration that Prince had been so successfid in subduing his subjects, and eradicating almost from the minds of Englishmen every senti- ment of liberty. Even the Marquis of Halifax, who was supposed Halifax. to have remonstrated against many of the late mea- sures, and to have been busy in recommending a change of system to Charles, was continued in high employment by James, who told him, that, of all his past conduct, he should remember only his beha- viour upon the Exclusion Bill, to which that no- bleman had made a zealous and distinguished oppo- sition ; a handsome expression, which has been the 84 HISTORY OF THE REIGN CHAPTER more noticed, as well because it is almost the single — — — instance of this Prince's shewing any disposition to forget injuries, as on account of a delicacy and propriety in the wording of it by no means familiar to him. Kochester. Lawreuce Hyde, Earl of Rochester, whom he appointed Lord Treasurer, was in all respects cal- culated to be a fit instrument for the purposes then in view. Besides being upon the worst terms with Halifax, in whom alone, of all his ministers, James was likely to find any bias in favour of popular principles, he was, both from prejudice of educa- tion, and from interest, inasmuch as he had aspired to be the head of the Tories, a great favourer of those servile principles of the Church of England, which had lately been so highly extolled from the throne. His near relation to the Dutchess of York might also be some recommendation, but his privity to the late pecuniary transactions between the courts of Versailles and London, and the cordiality with which he concurred in them, were by far more powerful titles to his new master's confidence. For it must be observed of this minister, as well as of many others of his party, that his high notions, as they are frequently styled, of power, regarded only the relation between the King and his subjects, and OF JAMES THE SECOND. 85 not that in which he might stand with respect chapter to foreign Princes; so that, provided he could, by '. — a dependence, however servile, upon Lewis the Fourteenth, be placed above the controul of his Parliament and people at home, he considered the honour of the crown unsullied. Robert Spencer, Earl of Sunderland, who was sunderiand. continued as Secretary of State, had been at one period a supporter of the Exclusion Bill, and had been suspected of having offered the Dutchess of Portsmouth to obtain the succession to the crown for her son, the Duke of Richmond. Nay more, King James, in his memoirs, charges him with hav- ing intended, just at the time of Charles's death, to send him into a second banishment ;'*' but with re- gard to this last point, it appears evident to me, that many things in those memoirs relative to this Earl, were written after James's abdication, and in the greatest bitterness of spirit, when he was pro- bably in a frame of mind to believe any thing against a person by whom he conceived himself to have been basely deserted. The reappointment, therefore, of this nobleman to so important an office, is to be accounted for partly upon the general prin- ciple above mentioned, of making the new reign a * Macpberson's State Papers, I. 147. 86 HISTORY OF THE REIGN CHAPTER mere continuation of the former, and partly upon ! — Sunderland's extraordinary talents for ingratiating himself with persons in power, and persuading them that he was the fittest instrument for their pur- poses; a talent in which he seems to have surpassed all the intriguing statesmen of his time, or perhaps of any other. Money trans- Au intimate connectiou with the court of Ver- France. saiUes being the principal engine by which the favourite project of absolute monarchy was to be ef- fected, James, for the purpose of fixing and cement- ing that connection, sent for M. De Barillon, the French ambassadour, the very day after his acces- sion, and entered into the most confidential discourse with him. He explained to him his motives for in- tending to call a parliament, as well as his resolution to levy by authority, the revenue which his prede- cessor had enjoyed in virtue of a grant of parlia- ment which determined with his life. He made general professions of attachment to Lewis, declared that in all affairs of importance it was his intention to consult that monarch, and apologised, upon the ground of the urgency of the case, for acting in the instance mentioned without his advice. Money was not directly mentioned, owing, perhaps, to some sense of shame upon that subject, which his brother OF JAMES THE SECOND. 87 had never experienced ; but lest there should be a chapteii doubt whether that object were implied in the de sire of support and protection, Kochester was di- rected to explain the matter more fully, and to give a more distinct interpretation of these general ternis. Accordingly, that minister waited the next morning upon Barillon, and after having repeated, and en- larged upon the reasons for calling a parliament, stated, as an additional argument in defence of the measure, that without it, his master would become too chargeable to the French King; adding, however, that the assistance which might be expected from a Parliament, did not exempt him altogether from the necessity of resorting to that prince for pecuniary aids, for that without such, he would be at the mercy of his subjects, and that upon this beginning would depend the whole fortune of the reign.* If Roches- ter actually expressed himself as Barilion relates, the use intended to be made of Parliament, cannot but cause the most liveJy indignation, while it fur- nishes a complete answer to the historians wha ac- cuse the parliaments of those days of unseasonable parsimony in their grants to the Stuart Kings ; for the grants of the people of England were not destined, it seems, to enable their Kings to oppose * Bafrillxm's Letter, February 19, 1685, ift the Appendix, p. xviii. 88 HISTORY OF THE REIGN CHAPTER the power of France, or even to be independent of her, but to render the influence which Lewis was resolved to preserve in this country, less chargeable to him, by furnishing their quota to the support of his royal dependant. The King's The Frcnch ambassadour sent immediately a de- abjectgrati- ^ ., , „ , . , . tude. tailed account or these conversations to his court, where, probably, they were not received with the l€ss satisfaction on account of the request contained in them having been anticipated. Within a very few days from that in which the latter of them had passed, he was empowered to accompany the deli- very of a letter from his master, with the agreeable news of having received from him bills of exchange to the amount of five hundred thousand livres, to be used in whatever manner might be convenient to the King of England's service. The account which Barillon gives, of the manner in which this sum was received, is altogether ridiculous : the King's eyes were full of tears, and three of his ministers, Ro- chester, Sunderland, and Godolphin, came severally to the French ambassadour, to express the sense their master had of the obligation, in terms the most la- vish.* Indeed, demonstrations of gratitude from the King directly, as well as through his ministers, for * Barillon's Letter, Feb. 26, in the Appendix, p. xxviii. 1685. OF JAMES THE SECOND. S9 this supply, were such, as if they had been used by chapter some unfortunate individual, who, with his whole family, had been saved, by the timely succour of some Icind and powerful protector, from a gaol and all its horrours, would be deemed rather too strong than too weak. Barillon himself seems surprised when he relates them ; but imputes them to what was probably their real cause, to the apprehensions that had been entertained, (very unreasonable ones!) that the King of France might no longer choose to interfere in the affairs of England, and conse- quently that his support could not be relied on for the grand object of assimilating this government to his own. If such apprehensions did exist, it is probable sagacUyand 11 1 . n -1 1 foresight of that they were chieny owing; to the very careless Lewis the ^ . . . Fourteenth. manner, to say the least, in which Lewis had of late fulfilled his pecuniary engagements to Charles, so as to amount, in the opinion of the English mi- nisters, to an actual breach of promise. But the cir- cumstances were in some respects altered. The French King had been convinced that Charles would never call a parliament; nay further, perhaps, that if he did, he would not be trusted by one; and considering him therefore entirely in his power, acted from that principle in insolent minds, which N ^0 HISTORY OF THE REIGN CHAPTER makes them fond of ill-treating and insulting those whom they have degraded to a dependence on them. But James would probably be obliged at the com- mencement of a new reign, to call a parliament, and if well used by such a body, and abandoned by France, might give up his project of arbitrary power, and consent to govern according to the law and consti- tution. In such an event Lewis easily foresaw, that, instead of an useful dependant, he might find upon the throne of England a formidable enemy. Indeed, this Prince and his ministers seem all along, with a sagacity that does them credit, to have foreseen, and to have justly estimated, the dangers to which they would be liable, if a cordial imion should ever take place between a King of England and his Parliament, and the British councils be di- rected by men enlightened and warmed by the genuine principles of liberty. It was therefore an object of great moment to bind the new King, as early as possible, to the system of dependency upon France; and matter of no less triumph to the court of Versailles to have retained him by so moderate a fee, than to that of London to re- ceive a sum, which, though small, was thought valuable, as an earnest of better wages, and future protection. OF JAMES THE SECOND. 91 It had for some time been Lewis's favourite object chapter •^ II. to annex to his dominion what remained of the Spanish Netherlands, as well on account of their Treaty with * ^ Spain dispen- own intrinsic value, as to enable him to destroy the sed wUh. United Provinces and the Prince of Orange; and this object Charles had bound himself, by treaty with Spain, to oppose. In the joy, therefore, occa- sioned by this noble manner of proceeding, (for such it was called by all the parties concerned,) the first step was to agree, without hesitation, that Charles's treaty with Spain determined with his life ; a decision which, if the disregard that had been shewn to it, did not render the question con- cerning it nugatory, it would be difficult to support upon any principles of national law or justice. The manner in which the late King had conducted him- self upon the subject of this treaty, that is to say, the violation of it, without formally renouncing it, was gravely commended, and stated to be no more than what might justly be expected from Jiim ; but the present King was declared to be still more free, and in no way bound by a treaty, from the execution of which his brother had judged himself to be suffi- ciently dispensed. This appears to be a nice dis- tinction, and what that degree of obligation was, from which James was exempt, but which had lain 92 HISTORY OF THE REIGN CHAPTER upon Charles, who neither thought himself bound, nor was expected by others to execute the treaty, it l685. . T fY- 1 .J, IS dimcult to conceive." More money This preliminary beinff adjusted, the meaning of solicited from . -^ . . ° Lewis. which, through all this contemptible shuffling, was, that James, by giving up all concern for the Spanish Netherlands, should be at liberty to acquiesce in, or to second, whatever might be the ambitious projects of the court of Versailles, it was determined that Lord Churchill should be sent to Paris to obtain fur- ther pecuniary aids. But such was the impression made by the frankness and generosity of Lewis, that there was no question of discussing or capitulating, but every thing was remitted to that Prince, and to the information his ministers might give him, re- specting the exigency of affairs in England. He who had so handsomely been beforehand, in grant- ing the assistance of five hundred thousand livres, was only to be thanked for past, not importuned for future, munificence. -f Thus ended, for the pre- sent, this disgusting scene of iniquity and non- sense, in which all the actors seemed to vie with each other in prostituting the sacred names of friend- ship, generosity, and gratitude, in one of the meanest * Baiillon's Disp.atches, May 5, I685. Appendix, t lb. Feb. 26. OF JAMES THE SECOND. 93 and most criminal transactions which history re- chapter cords. The principal parties in the business, besides the King himself, to whose capacity, at least, if not to his situation, it was more suitable, and Lord Churchill, who acted as an inferior agent, were Sunderland; Rochester, and Godolphin, all men of high rank, and considerable abilities, but whose understandings, as well as their principles, seem to have been cor- rupted by the pernicious schemes in which they were engaged. With respect to the last mentioned nobleman in particular, it is impossible, without pain, to see him engaged in such transactions. With what self-humiliation must he not have reflected upon them in subsequent periods of his life! How little could Barillon guess that he was negotiating with one who was destined to be at the head of an admi- nistration, which, in a few years, would send the same Lord Churchill, not to Paris to implore Lewis for succours towards enslaving England, or to thank him for pensions to her monarch, but to combine all Europe against him, in the cause of liberty; to rout his armies, to take his towns, to humble his pride, and to shake to the foundation that fabrick of power which it had been the business of a long life to raise at the expense of every sentiment of tenderness to •94 HISTORY OF THE REIGN CHAPTER his subjects, and of justice and good faith to foreign . nations ! It is with difficulty the reader can persuade himself that the Godolphin and Churchill here men- tioned, are the same persons who were afterwards, one in the cabinet, one in the field, the great con- ductors of the war of the Succession. How little do they appear in one instance! how great in the other! And the investigation of the cause to which this excessive difference is principally owing, will produce a most useful lesson. Is the difference to be attributed to any superiority of genius in the prince whom they served in the latter period of their lives? Queen Anne's capacity appears to have been infe- rior even to her father's. Did they enjoy in a greater degree her favour and confidence? The very re- verse is the fact. But in one case they were the tools of a King plotting against his people ; in the other, the ministers of a free government acting upon enlarged principles, and with energies which no state that is not in some degree republican can sup- ply. How forcibly must the contemplation of these men in such opposite situations teach persons enga- ged in political life, that a free and popular govern- ment is desirable, not only for the publick good, but for their own greatness and consideration, for every object of generous ambition.' GF JAMES THE SECOND. 95 The King having, as has been related, first pri- chapteu vately communicated his intentions to the French '. — ambassadour, issued proclamations for the meeting of customs'le- . I . 1 1 • ^'^*' without Parliament, and for levyins; upon his sole authority, authority of ,.|.|,, . Parliament. the customs and other duties which had constituted part of the late King's revenue, but to which, the acts granting them having expired with the Prince, James was not legally entitled. He was advised by Lord Guildford, whom he had continued in the office of Keeper of the Great Seal, and who upon such a subject therefore, was a person likely to have the greatest weight, to satisfy himself with directing the money to be kept in the Exchequer for the disposal of Parliament, which was shortly to meet ; and by^ others, to take bonds from the merchants for the du- ties, to be paid when Parliament should legalize them.* But these expedients were not suited to the King's views, who, as well on account of his en- gagement with France, as from his own disposition, was determined to take no step that might indicate an intention of governing by Parliaments, or a con- sciousness of his being dependant upon them for his revenue. He adopted, therefore, the advice of Jefferies, advice not resulting so much, probably, either from ignorance ox violence of disposition, as * Life of Lord Keeper North, 96 HISTORY OF THE REIGN CHAPTER from his knowledge that it would be most agreeable '. to his master ; and directed the duties to be paid as in the former reign. It was pretended, that an in- terruption in levying some of the duties might be hurtful to trade ; but as every difficulty of that kind was obviated by the expedients proposed, this arbi- trary and violent measure can with no colour be ascribed to a regard to publick convenience, nor to any other motive than to a desire of reviving Charles the First's claims to the power of taxation, and of furnishing a most intelligible comment upon his speech to the council on the day of his acces- sion. It became evident what the King's notions were, with respect to that regal prerogative from which he professed himself determined never to depart, and to that property which he would never invade. What were the remaining rights and liber- ties of the nation, which he was to preserve, might be more difficult to discover ; but that the laws of England, in the royal interpretation of them, were sufficient to make the King as great a monarch as he, or indeed any prince, could desire, was a point that could not be disputed. This violation of law was in itself most flagrant: it was applied to a point well understood, and thought to have been so completely settled by repeated and most explicit declarations. OF JAMES THE SECOND. 97 of the legislature, that it must have been doubtful chapter whether even the most corrupt judges, if the ques- tion had been tried, would have had the audacity to decide it against the subject. But no resistance was made; nor did the example of Hampden, which a half centmy before had been so successful, and ren- dered that patriot's name so illustrious, tempt any one to emulate his fame; so completely had the crafty and sanguinary measures of the late reign at- tained the object to which they were directed, and rendered all men either afraid or unwilling to exert themselves in the cause of liberty. On the other hand, addresses the most servile were Addresses. daily sent to the Throne. That of the University of Oxford stated, that the religion which they pro- fessed bound them to unconditional obedience to their Sovereign, without restfrctions or limitations ; and the Society of Barristers and Students of the Middle-Temple, thanked his Majesty for the attention he had shewn to the trade of the kingdom, concern- ing which, and its balance, (and upon this last article they laid particular stress,) they seemed to think themselves peculiarly called upon to deliver their opinion. But whatever might be their knowledge in matters of trade, it was at least equal to that which these addressers shewed in the laws and constitution 1685. 98 HISTORY OF THE REIGN CHAPTER of their country, since they boldly affirmed the King's right to levy the duties, and declared that it had never been disputed but by persons engaged in what they were pleased to call, rebellion against his royal father. The address concluded with a sort of prayer, that all his Majesty's subjects might be as good lawyers as themselves, and disposed to ac- knowledge the royal prerogative in all its extent. If these addresses are remarkable for their servi- lity, that of the Gentlemen and Freeholders of the county of Suffolk was no less so for the spirit of party violence that was displayed in it. They would take care, they said, to choose representatives who should no more endure those who had been for the Exclusion Bill, than the last Parliament had the abhorrers of the association ; and thus not only endeavoured to keep up his Majesty's resentment against a part of their fellow-subjects, but engaged themselves to imitate, for the purpose of retaliation, that part of the conduct of their adversaries, which they considered as most illegal and oppressive.* It is a remarkable circumstance, that among all the adulatory addresses of this time, there is not to be found, in anyone of them, any declaration of dis- belief in the Popish plot, or any charge upon the * Rapin. Observations on them. OF JAMES THE SECOND. 99 late Parliament, for having prosecuted it, though it chapter could not but be well known, that such topicks would, — — '■ — of all others, be most agreeable to the Court. Hence we may collect that the delusion on this subject was hy no means at an end, and that they who, out of a desire to render history conformable to the princi- ples of poetical justice, attribute the unpopularity, and downfal of the Whigs, to the indignation ex- cited by their furious and sanguinary prosecution of the plot, are egregiously mistaken. If this had been in any degree the prevailing sentiment, it is utterly unaccountable, that, so far from its appearing in any of the addresses of these times, this most just ground of reproach upon the Whig party, and the Parlia- ment in which they had had the superiority, was the only one omitted in them. The fact appears to have been the very reverse of what such historians sup- pose, and that the activity of the late parliamentary leaders, in prosecuting the Popish plot, was the principal circumstance which reconciled the nation for a time, to their other proceedings ; that their conduct in that business, (now so justly condemned,) was the grand engine of their power, and that when that failed, they were soon overpowered by the united forces of bigotry and corruption. They were hated by a great part of the nation, not for their crimes, 100 HISTORY OF THE REIGN CHAPTER but for their virtues. To be above corruption is al- '. — ways odious to the corrupt, and to entertain more enlarged and juster notions of philosophy and go- vernment, is often a cause of alarm to the narrow- minded, and superstitious. In those days particu- larly, it was obvious to refer to the confusion, greatly exaggerated, of the times of the Commonwealth ; and it was an excellent watch-word of alarm, to accuse every lover of law and liberty, of designs to revive the tragical scene which had closed the life of the first Charles. In this spirit, therefore, the Exclusion Bill, and the alledged conspiracies of Sidney and Russel were, as might naturally be expected, the chief charges urged against the Whigs ; but their con- duct on the subject of the Popish plot, was so far from being the cause of the hatred borne to them, that it was not even used as a topick of accusation against them. Late King's In ordcr to keep up that spirit in the nation, which was thought to be manifested in the addresses, his Majesty ordered the Declaration, to which allusion was made in the last chapter, to be published, inter- woven with a history of the Rye-house plot, which is said to have been drawn by Dr. Sprat, Bishop of Rochester. The principal drift of this publication was, to load the memory of Sidney and Russel, and OF JAMES THE SECOND. 101 to blacken the character of the Duke of Monmouth, chapter by wickedly confounding the consultations holdenby them, with the plot for assassinating the late King, and in this object, it seems in a great measure to have succeeded. He also caused to be published, an and Attesta- attestation of his brother's having; died a Roman Ca- dying a ca- " ^ tholick, pub- tholick, together with two papers, drawn up by him, listed. in favour of that persuasion. This is generally considered to have been a very ill-advised instance of zeal ; but probably James thought, that, at a time when people seemed to be so in love with his power, he might safely venture to indulge himself in a dis- play of his attachment to his religion ; and perhaps too, it might be thought good policy, to shew that a Prince, who had been so highly complimented as Charles had been, for the restoration and protection of the church, had, in truth, been a Catholick, and thus, to inculcate an opinion, that the Church of England might not only be safe, but highly favoured, under the reign of a Popish Prince. Partly from similar motives, and partly to gratify Persecution the natural vindictiveness of his temper, he perse- vered in a most cruel persecution of the Protestant Dissenters, upon the most frivolous pretences. The courts of justice, as in Charles's days, were instru- ments equally ready, either for seconding the policy. of Dissenters. 102 HISTORY OF THE REIGN CHAPTER or for gratifying the bad passions, of the Monarch ; ^ — and JefFeries, whom the late King had appointed Chief Justice of England, a little before Sidney's trial, was a man entirely agreeable to the temper, and suitable to the purposes, of the present govern- jefferies'cha- mcnt. He was thought not to be very learned in his profession ; but what might be wanting in know- ledge, he made up in positiveness ; and indeed what- ever might be the difficulties in questions between one subject and another, the fashionable doctrine which prevailed at that time, of supporting the King's prerogative in its full extent, and without restriction or limitation, rendered, to such as espoused it, all that branch of law, which is called constitutional, extremely easy and simple. He was as submissive and mean to those above him, as he was haughty and insolent to those who were in any degree in his power; and if in his own conduct he did not exhibit a very nice regard for morality, or even for decency, he never failed to animadvert upon, and to punish, the most slight deviation in others, with the utmost severity, especially if they were persons whom he suspected to be no favourites of the Court. Richard Before this magistrate was brought for trial, by a Baxter per- • rr • i i • r r T" secuted, jury suiiiciently prepossessed in tavour ot 1 ory politicks, the Reverend Richard Baxter, a dissenting OF JAMES THE SECOND. 103 minister; a pious and learned man, of exemplary chapter character, always remarkable for his attachment to . , 1685. monarchy, and for leaning to moderate measures in the differences between the church, and those of his persuasion. The pretence for this prosecution was, a supposed reference of some passages in one of his works, to the bishops of the church of England ; a reference which was certainly not intended by him, and which could not have been made out to any jury that had been less prejudiced, or under any other di- rection than that of Jefferies. The real motive was, the desire of punishing an eminent dissenting teacher, whose reputation was high among his sect, and who was supposed to favour the political opi- nions of the Whigs. He was found guilty, and Jefferies, in passing sentence upon him, loaded him with the coarsest reproaches, and bitterest taunts. He called him sometimes, byway of derision, a saint, sometimes, in plainer terms, an old rogue ; and classed this respectable divine, to whom the only crime imputed, was the having spoken disrespect- fully of the bishops of a communion to which he did not belong, with the infamous Gates, who had been lately convicted of perjury. He finished with declaring, that it was matter of publick notoriety, that there was a formed design to ruin the King and the 104 HISTORY OF THE REIGN CHAPTER nation, in which this old man was the principal '. — incendiary. Nor is it improbable that this decla- ration, absurd as it was, might gain belief, at a time when the credulity of the triumphant party was at its height. Credulity of Of this creduHty it seems to be no inconsiderable testimony, that some affected nicety, which James had shewn, with regard to the ceremonies to be used towards the French ambassadour, was highly magni- fied, and represented to be an indication of the dif- ferent tone that was to be taken by the present King, in regard to foreign powers, and particularly to the court of Versailles. The King was represented as a Prince eminently jealous of the national honour, and determined to preserve the balance of power in Europe, by opposing the ambitious projects of France, at the very time when he was supplicating Lewis to be his pensioner, and expressing the most extravagant gratitude, for having been accepted as such. From the information which we now have, it appears that his applications to Lewis for money were incessant, and that the difficulties were all on the side of the French court.* Of the historians who wrote prior to the inspection of the papers in the Foreign Office in France, Burnet is the only * Vide Appendix passim. OF JAMES THE SECOND. 105 one who seems to have known that James's preten- chapter sions of independency with respect to the French King, were, (as he terms them,) only a show; butthere can now be no reason to doubt the truth of the anec- dote which he relates, that Lewis, soon after, told the Duke of Villeroy,''' that if James showed any appa^ rent uneasiness concerning the balance of power, (and there is some reason to suppose he did,) in his conversations with the Spanish, and other foreign am- bassadours, his intention was, probably, to alarm the Court of Versailles, and thereby to extort pecuniary assistance to a greater extent ; while, on the other hand, Lewis, secure in the knowledge, that his views of absolute power must continue him in dependance upon France, seems to have refused further supplies, and even in some measure to have withdrawn those which had been stipulated, as a mark of his displea- sure with his dependant, for assuming a higher tone than he thought becoming.^ Whether with a view of giving some countenance His advances 1 -I . . , . to the Prince to those who were praising him upon the above ofOrange. mentioned topick, or from what other motive it is now not easy to conjecture, James seems to have wished to be upon apparent good terms, at least, with * Vide Burnet, Vol. II. p. 302. + Lewis's Letter to Barillon, Apiil 24. Appendix. P 106 HISTORY OF THE REIGN CHAPTER the Prince of Orange; and after some correspond- ence with that Prince, concerning the protection afforded by hinj, and the States General, to Mon- mouth, and other obnoxious persons, it appears that he declared himself, in consequence of certain ex- planations and concessions, perfectly satisfied. It is to be remarked, however, that he thought it neces- sary to give the French ambassadour an account of this transaction, and in a manner to apologize to him for entering into any sort of terms with a son-in-law, who was supposed to be hostile in disposition to the French King. He assured Barillon, that a change of system, on the part of the Prince of Orange, in regard to Lewis, should be a condition of his recon- ciliation : he afterwards informed him, that the Prince of Orange had answered him satisfactorily in all other respects, but had not taken notice of his wish that he should connect himself with France; but never told him that he had, notwithstanding the Prince's silence on that material point, expressed himself com- pletely satisfied with him.* That a proposition to the Prince of Orange, to connect himself in politicks with Lewis, would, (if made,) have been rejected, in the manner in which the King's account to Barillon im- plies that it was, there can be no doubt ; but whether * Barillon's Dispatches, March 1, and 5, Appendix, p. xli. et seqq. OF JAMES THE SECOND. 101 James ever had the assurance to make it, is more chapter questionable ; for, as he evidently acted disingenu ously with the ambassadour, in concealing from him the complete satisfaction he had expressed of the Prince of Orange's present conduct ;* it is not un- reasonable to suppose, that he deceived him still further, and pretended to have made an application, which he had never hazarded. However, the ascer- taining of this fact is by no means necessary for the illustration, either of the general history, or of Jameses particular character ; since it appears, that the proposition, if made, was rejected; and James is, in any case, equally convicted of insincerity; the only point in question being, whether he deceived the French ambassadour, In regard to the fact of his having made the proposition, or to the sentiments he expressed upon its being refused. Nothing serves more to show the dependance in which he consi- dered himself to be upon Lewis, than these con- temptible shifts, to which he condescended, for the purposes of explaining, and apologizing for, such parts of his conduct, as might be supposed to be less agreeable to that monarch than the rest. An English Parliament acting upon constitutional principles, and the Prince of Orange, were the two enemies * Dalrymple's Me^. Jl 116. 108 HISTORY OF THE REIGN Chapter whom Lewis most dreaded ; and accordingly, when- II. . — ever James found it necessary to make approaches to either of them, an apology was immediately to be oflFered to the French ambassadour, to which truth sometimes and honour was always sacrificed.* The primary Mr. Hume savs, the Kins; found himself, by de- object of Ms ^ ° ^ ^ ^ ^ reigfi, grees, under the necessity of falling into an union with the French monarch, who could alone assist him, in promoting the Catholick religion in England. But when that historian wrote, those documents had not been made publick, from which the account of the communications with Barillon has been taken, and by which it appears, that a connection with France was, as well in point of time, as in importance, the first object of his reign, and that the immediate specifick motive to that connection, was the same as that of his brother; the desire of rendering himself independent of Parliament, and absolute, not that of establishing Popery in England, which was consi- dered as a more remote contingency.-!- That this was the case, is evident from all the circumstances of the transaction, and especially from the zeal with which he was served in it by Ministers who were never suspected of any leaning towards Popery, and not one of whom, (Sunderland excepted,) could be brought * Vide Appendix passim. + Appendix passim. OF JAMES THE SECOND. 109 to the measures that were afterwards taken in favour chapter of that rellffion. It is the more material to attend — - — to this distinction, because the Tory historians, espe- cially such of them as are not Jacobites, have taken much pains to induce us to attribute the violences misrepre- , . . . , . . sented by and illegalities of this reign to James s religion, histomns. which was peculiar to him, rather than to that desire of absolute power, which so many other princes have had, have, and always will have in common with him. The policy of such misrepresentation is ob- vious. If this reign is to be considered as a period insulated, as it were, and unconnected with the general course of history, and if the events of it are to be attributed exclusively, to the particular cha- racter, and particular attachments of the monarch, the sole inference will be, that we must not have a Catholick for our King ; whereas, if we consider it, which history well warrants us to do, as a part of that system which had been pursued by all the Stuart Kings, as well prior, as subsequent, to the Resto- ration, the lesson which it affords is very different, as well as far more instructive. We are taught, generally, the dangers Englishmen will always be liable to, if, from favour to a Prince upon the throne, or from a confidence, however grounded, that his views are agreeable to our own notions of no HISTORY OF THE REIGN CHAPTER the constitution, we, in any considerable degree, abate '■ — of that vigilant, and unremitting jealousy of the power of the crown, which can alone secure to us the effect of those wise laws that have been provided for the benefit of the subject ; and still more parti- cularly, that it is in vain to think of making a com- promise with power, and by yielding to it in other points, preserving some favourite object, such, for in- stance, as the church in James's case, from its grasp. Scottish par- Previous to meeting his English Parliament, James April 23. directed a parliament which had been summoned in the preceding reign, to assemble at Edinburgh, and appointed the Duke of Queensbury his commis- sioner. This appointment is, in itself, a strong indi- cation, that the King's views, with regard to Scotland at least, were similar to those which I have ascribed to him in England ; and that they did not at that time extend to the introduction of Popery, but were altogether directed to the establishment of absolute power as the end, and to the support of an episcopal church, upon the model of the church of England, as the means. For Queensbury had explained himself to his Majesty, in the fullest manner, upon the sub- ject of religion ; and while he professed himself to be ready, (as indeed his conduct in the late reign had sufficiently proved,) to go any length in supporting OF JAMES THE SECOND. 1 1 i royal power, and in persecuting the Presbyterians, chapter had made it a condition of his services, that he might understand from his Majesty, that there was no in- tention of changing the established religion ; for if such was the object, he could not make any one step with him in that matter. James received this decla- tion most kindly; assiued him he had no such inten- tion, and that he would have a parliament, to which he, Queensbury, should go as commissioner; and giving all possible assurances in the matter of re- ligion, get the revenue to be settled, and such other laws to be past, as might be necessary for the pub- lick safety. With these promises the Duke was not only satisfied at the time, but declared, at a subsequent period, that they had been made in so frank and hearty a manner, as made him conclude, that it was impossible the King should be acting apart. And this noblemen was considered, and is handed down to us by contemporary writers, as a man of a penetrating genius, nor has it ever been the national character of the country to which he belonged, to be more liable to be imposed upon than the rest of mankind. The Scottish Parliament met on the 23d of April, TheKing's and was opened by the Commissioner, with the following letter from the King : 112 HISTORY OF THE REIGN CHAPTER ir. 1685. *' My Lords and Gentlemen, " Tlie many experiences we have had of the loy- " alty, and exemplary forwardness of that our ancient ' kingdom, by their representatives in parliament " assembled, in the reign of our deceased, and most " entirely beloved brother, of ever blessed memory, " made us desirous to call you at this time, in the be- " ginning of our reign, to give you an opportunity, " not only of shewing your duty to us in the same " manner, but likewise of being exemplary to others, " in your demonstrations of affection to our person, " and compliance with our desires, as you have most " eminently been in times past, to a degree never to " be forgotten by us, nor, (we hope,) to be contra- ' ' dieted by your future practices. That which we are " at this time to propose unto you is, what is as neces- " sary for your safety as our service, and what has a " tendency more to secure your own privileges and " properties, than the aggrandising our power and " authority, (though in it consists the greatest security " of your rights and interests, these never having " been in danger, except when the royal power was *' brought too low to protect them,) which now we *' are resolved to maintain in its greatest lustre, to the " end we maybe the more enabled to defend and OF JAMES THE SECOND. 113 *' protect your religion as established by law; and your chapter " rights and properties (which was our design in " calling this parliament) against phanatical contri- " vances, murderers and assassins, who having no " fear of God, more than honour for us, have brought *' you into such difficulties, as only the blessing of " God upon the steady resolutions, and actings of our *' said dearest royal brother, and those employed by " him, (in prosecution of the good and wholesome " laws, by you heretofore offered,) could have saved *' youfrom the most horridconfusions, and inevitable " ruin. Nothing has been left unattemptedby those " wild, and inhuman traitors, for endeavouring to " overturn your peace : and therefore, we have good " reason to hope, that nothing will be wanting in " you, to secure yourselves and us from their out- " rages and violence, in time coming; and to take " care that such conspirators meet with their just " deservings, so as others may thereby be deterred " from courses so little agreeable to religion, or their " duty and allegiance to us. These things we consi- " dered to be of so great importance to our royal, as " well as the universal, interest of that our kingdom, " that we were fully resolved, in person, tohavepro- " posed the needful remedies to you. But things '* having so fallen out, as render this impossible for *' us, we have now thought fit, to send our right 114 HISTORY OF THE REIGN II. 1685. CHAPTER '' trusty, and right entirely beloved cousin, and coun- '* sellor, William Duke of Queensbury, to be our " commissioner amongst you; of whose abilities and " qualifications we have reason to be fullv satisfied, " and of whose faithfulness to us, and zeal for our in- " terest, we have had signal proofs, in the times of " our greatest difficulties. Him we have fully en- " trusted in all things relating to our service, and " your own prosperity and happiness, and therefore, *' you are to give him entire trust and credit, as you " now see we have done, from whose prudence, and " your most dutiful affection to us, we have full con- " fidence of your entire compliance and assistance in " all those matters, wherein he is instructed as afore- " said. We do therefore, not only recommend unto " you, that such things be done as are necessary in " this juncture, for your own peace, and the support " of our royal interest, of which we had so much ex- " perience when amongst you, that we cannot doubt '' of your full and ample expressing the same on this " occasion, by which the great concern we have in " you, our antient and kindly people, may still in- " crease, and you may transmit your loyal actions, " (as examples of duty,) to your posterity. In full '' confidence whereof we do assure you of our royal *' favour and protection, in all your concerns; and *' so we bid you heartily farewell." 1685. OF JAMES THE SECOND. 115 This letter deserves the more attention, because, as chapter the proceedings of the Scotch parliament, according to a remarkable expression in the letter itself, were intended to be an example to others, there is the greatest reason to suppose the matter of it must have been maturely weighed and considered. His Ma- jesty first compliments the Scotch parliament upon their peculiar loyalty, and dutiful behaviour in past times, meanings no doubt, to contrast their conduct with that of those English parliaments who had passed the Exclusion Bill, the Disbanding Act, the Habeas Corpus Act, and other measures hostile to his favourite principles of government. He states the granting of an independant revenue, and the supporting the prerogative in its greatest lustre, if not the aggrandizing of it, to be necessary for the preservation of their religion, established by law, (that is the Protestant Episcopacy,) as well as for die security of their properties against fanatical as- sassins and murderers ; thus emphatically announc- ing a complete union of interests between the Crown and the Church. He then bestows a complete and unqualified approbation of the persecuting measures of the last reign, in which he had borne so great a share ; and to those measures, and to the steadiness withi which they had been persevered in, he ascribes J 16 HISTORY OF THE REIGN CHAPTER the escape of both church and state from the fana- . ^ — ticks, and expresses his regret that he could not be present, to propose in person, the other remedies of a similar nature, which he recommended as needful in the present conjuncture. Transactions Now, it is proper, in this place, to enquire into the nature of the measures thus extolled, as well for the purpose of elucidating the characters of the King and his Scottish ministers, as for that of rendering more intelligible, the subsequent proceedings of the parliament, and the other events which soon after took place in that kingdom. Some general notions may be formed of that course of proceedings, which, according to his Majesty's opinion, had been so laudably and resolutely pursued during the late reign, from the circumstances alluded to in the pre- ceding chapter, when it is understood, that the sen- tences of Argyle and Laurie of Blackwood were not detached instances of oppression, but rather a sample of the general system of administration. The cove- nant, which had been so solemnly taken by the whole kingdom, and, among the rest, by the King himself, had been declared to be unlawful, and a refusal to abjure it had been made subject to the severest penalties. Episcopacy, which was de- tested by a great majority of the nation, had been OF J AMES THE SECOND. 1 1 7 established, and all publick exercise of religion, in chapter the forms to which the people were most attached, had been prohibited. The attendance upon field conventicles had been made highly penal, and the preaching at them capital ; by which means, accord- ing to the computation of a late writer, no less re- markable for the accuracy of his facts, than for the force and justness of his reasonings, at least seventeen thousand persons in one district were involved in criminality, and became the objects of persecution. After this, letters had been issued by government, forbidding the intercommuning with persons who had neglected, or refused, to appear before the privy council, when cited for the above crimes; a pro- ceeding, by which, not only all succour or assist- ance to such persons, but, according to the strict sense of the word made use of, all intercourse with them, was rendered criminal, and subjected him who disobeyed the prohibition to the same penal- ties, whether capital or others, which were affixed to the alledged crimes of the party with whom he had intercommuned.* These measures not proving effectual for the pur- Measures of P 1*11 • 11 persecution. pose lor which they were intended, or, as some say, the object of Charles the Second's government being * Laing's Hist. Vol. IV. 34, 60. 74. Woodrow. 118 HISTORY OF THE REIGN CHAPTER to provoke an insurrection, a demand was made upoB the landholders, in the district supposed to be most disaffected, of bonds, whereby they were to become responsible for their wives, families, tenants, and servants ; and likewise for the wives, families, and servants of their tenants, and finally, for all persons living upon their estates ; that they should not withdraw from the church, frequent or preach at conventicles, nor give any succour, or have any intercourse with persons with whom it was forbid- den to intercommune ; and the penalties attached to the breach of this engagement, the keeping of which, was obviously out of the power of him who was required to make it, were to be the same as those, whether capital or other, to which the several persons, for whom he engaged, might be liable. The landholders, not being willing to sub- scribe to their own destruction, refused to execute the bonds, and this was thought sufficient grounds for considering the district to which they be- longed as in a state of rebellion. English and Irish armies were ordered to the frontiers ; a train of artillery, and the militia, were sent into the dis- trict itself; and six thousand Highlandei s, who were let loose upon its inhabitants, to exercise every species of pillage and plunder, were connived at, OF JAMES THE SECOND. 119 or rather encouraged, in excesses of a still more chapter atrocious nature/'' The bonds being still refused, the government had writsofLaw burrows. recourse to an expedient ot a most extraordinary nature ; and issued what the Scotch called a writ of Lawburrows, against the whole district. This writ of Lawburrows is somewhat analogous to what we call swearing the peace against any one, and had hitherto been supposed, as the other is with us, to be applica- ble to the disputes of private individuals, and to the apprehensions, which, in consequence of such dis- putes, they may mutually entertain of each other. A Government swearing the peace against its subjects was a new spectacle ; hut if a private subject, under fear of another, hatha right to such a security, how much more the government itself f was thought an unanswerable argument. Such are the sophistries which tyrants deem satisfactory. Thus are they willing even to de- scend from their loftiness, into the situation of sub- jects or private men, when it is for the purpose of acquiring additional powers of persecution; and thus truly formidable and terrifick are they, when they pretend alarm and fear. By these writs, the persons against whom they were directed, were bound, as in case of the former bonds, to conditions which were * Burnet. Woodrow. Laing^ IV* 83. 1^0 HISTORY OF THE REIGN CHAPTER not in their power to fulfil, such as the preventing of conventicles and the like, under such penalties as the privy council might inflict, and a disobedience to them was followed by outlawry and confiscation. Approved of Thc conduct of the Duke of Lauderdale, who was the chief actor in these scenes of violence and ini- quity, was completely approved and justified at Court ; but, in consequence, probably, of the state of politicks in England, at a time when the Whigs were strongest in the House of Commons, some of these grievances were in part redressed, and the High- landers, and writs of Lawburrows were recalled. But the country was still treated like a conquered country. The Highlanders were replaced by an army of five thousand regulars, and garrisons were placed in private houses. The persecution of conventicles continued ; and ample indemnity was granted for every species of violence that might be exercised Assassination by tliosc cmploycd to suppress them. In this state bishopsharp. of things, the assassination and murder of Sharp, Archbishop of St. Andrews, by a troop of fanaticks, who had been driven to madness by the oppression of Carmichael, one of that prelate's instruments, while it gave an additional spur to the vindictive temper of the government, was considered by it as a justification for every mode and degree of cruelty and OF JAMES THE SECOND. l^l persecution. The outrage committed by a few indi- chapter viduals, was imputed to the whole fanatick sect, as the government termed them, or, in other words, to a description of people which composed a great ma- jority of the population in the low-lands of Scotland ; and those who attended field or armed conventicles, were ordered to be indiscriminately massacred. By such means an insurrection was at last pro- insurrection duced, which, from the weakness, or, as some suppose, Bridge. from the wicked policy of an administration eager for confiscations, and desirous of such a state of the country as might, in some measure, justify their course of government, *[made such a progress that the insurgents] became masters of Glasgow, and the ♦ country adjacent. To quell these insurgents, who, undisciplined as they were, had defeated Graham, afterwards Viscount Dundee, the Duke of Monmouth was sent with an army from England ; but, lest the generous mildness of his nature should prevail, he had sealed orders, which he was not to open till in sight of the rebels, enjoining him not to treat with them, but to fall upon them, without any pre- vious negotiation. In pursuance of these orders, the insurgents were attacked at Bothwell Bridge, where, * The words between the brackets have been inserted to complete the sense, there having been evidently an omission in the manuscript copy. E. R 12^ HISTORY OF THE REIGN CHAPTER though they were entirely routed and dispersed, yet, because those who surrendered at discretion were not put to death, and the army, by the strict enforcing of discipline, were prevented from plunder and other outrages, it was represented by James, and in some degree even by the King, that Monmouth had acted as if he had meant rather to put himself at the head of the fanaticks than to repel them, and were inclined rather to court their friendship than to punish their rebellion. All complaints against Lauderdale were dismissed ; his power confirmed ; and an act of indem- nity, which had been procured at Monmouth's in- tercession, was so clogged with exceptions, as to be of little use to any but to the agents of tyranny. Several persons, who were neither directly, nor indi- rectly concerned in the murder of the Archbishop, were executed as an expiation for that ojffence;* but many more were obliged to compound for their lives, by submitting to the most rapacious extortion, which at this particular period, seems to have been the engine of oppression most in fashion, and which was extended, not only to those who had been in any way concerned in the insurrection, but to those who had neglected to attend the standard of the King, when displayed against what was styled, in * Laing, IV. 164. Woodrow, II. 87. 90. OF JAMES THE SECOND. 1^3 the usual insulting language of tyrants, a most unna- chapter tural rebellion. — ;: 1685. The quiet produced by such means, was, as might More severe , , . 1-' 1 • persecution. be expected, of no long duration. Enthusiasm was increased by persecution, and the fanatick preachers found no difficulty in persuading their flocks, to throw off all allegiance to a government which af- forded them no protection. The King was declared to be an apostate from the Covenant, a tyrant, and an usurper ; and Cargill, one of the most enthusiastick among the preachers, pronounced a formal sentence of excommunication against him, his brother the Duke of York, and others, their ministers and abet- tors. This outrage upon majesty, together with an insurrection, contemptible in point of numbers and strength, in which Cameron, another field-preacher, had been killed, furnished a pretence which was by no means neglected, for new cruelties and execu- tions ; but neither death nor torture were sufficient to subdue the minds of Cargill, and his intrepid followers. They all gloried in their sufferings; nor could the meanest of them be brought to purchase their lives by a retractation of their principles, or even by any expression that might be construed into an approbation of their persecutors. The effect of this heroick constancy upon the minds of their 1^4 HISTORY OF THE REIGN CHAPTER oppressors, was to persuade them not to lessen the '■ numbers of executions, but to render them more private ;" whereby they exposed the true character of their government, which was not severity, but violence, not justice, but vengeance : for, example being the only legitimate end of punishment, where that is likely to encourage, rather than to deter, (as the government in these instances seems to have ap- prehended,) and consequently to prove more per- nicious than salutary, every punishment inflicted by the magistrate is cruelty; every execution, murder. The rage of punishment did not stop even here: but questions were put to persons, and in many in- stances to persons under torture, who had not been proved to have been in any of the insurrections, whether they considered the Archbishop' s assassination as murder, the rising at Bothzvell Bridge rebellion, and Charles a laxvfid King. The refusal to answer these questions, or the answering of them in an unsatis- factory manner, was deemed a proof of guilt, and immediate execution ensued. Act of Sue- These last proceedings had taken place while cession an j^^^^^ himself had the government in his hands, and under his immediate directions. Not long after, and when the Exclusionists in England were supposed * Woodrow.II. 189. OF JAMES THE SECOND. 1^5 to be entirely defeated, was passed, (James being chapter the King's commissioner,) the famous Bill of — ■. l6S5. Succession, declaring that no difference of religion, nor any statute or law grounded upon such, or any other pretence, could defeat the hereditary right of , the heir to the crown, and that to propose any limi- tation upon the future administration of such heir, was high treason. But the Protestant religion was to be secured ; for those who were most obsequious to the Court, and the most willing and forward instru- ments of its tyranny, were, nevertheless, zealous Protestants. A Test was therefore framed for this purpose, which was imposed upon all persons ex- ercising any civil or military functions whatever, the royal family alone excepted ; but to the declaration of adherence to the Protestant religion, was added a recognition of the King's supremacy in ecclesiastical matters, and a complete renunciation in civil con- cerns, of every right belonging to a free subject. An adherence to the Protestant religion, according to the confession of it referred to in the test, seemed to some inconsistent with the acknowledgment of the King's supremacy, and that clause of the oath which related to civil matters, inasmuch as it declared against endeavouring at any alteration in the Church or State, seemed incompatible with the duties of a 136 HISTORY OF THE REIGN CHAPTER counsellor or a member of parliament. Upon these grounds the Earl of Argyle, in taking the oath, thought fit to declare as follows : Argyle con- " 1 havc Considered the test, and I am very demned for ^ • l T hisexpiana- '« desirous to ffive obedience as far as I can. I am tion of the '-' Test. 't confident the Parliament never intended to impose " contradictory oaths; therefore I think no man can " explain it but for himself. Accordingly I take it, •' as far as it is consistent with itself, and the Pro- " testant religion. And I do declare, that I mean not " to bind up myself in my station, and in a lawful " way, to wish and endeavour any alteration I think " to the advantage of the Church or State, not re- " pugnant to the Protestant Religion and my loy- *' alty. And this I understand as a part of the *' oath." — And for this declaration, though unno- ticed at the time, he was in a few days afterwards committed, and shortly after sentenced to die.* Nor was the test applied only to those for whom it had been originally instituted, but by being offered to those numerous classes of people who were within * The disgusting ease with which James, (in his Memoirs, Mac- pherson's State Papers, I. 123) speaks of Argyle's case, his pretence, that he put his life in jeopardy only with a view to seize his pro- perty, seem to destroy all notions of this Prince's having had any honour or conscience; nor after this, can we give much credit to the declaration, that Argyle's life was not aimed at. Aole Jrom Mr, Fox's Common-Place Book. OF JAMES THE SECOND. 12,7 the reach of the late severe criminal laws, as an alter- chapter native for death or confiscation , it might fairly be said to be imposed upon the greater part of the country. Not long after these transactions, James took his final leave of the government, and in his parting speech recommended, in the strongest terms, the support of the church. This gracious expression, the sincerity of which seemed to be evinced by his conduct to the conventiclers, and the severity with which he had enforced the test, obtained him a . testimonial from the Bishops of his affection to their Protestant church; a testimonial, to which, upon the principle, that they are the best friends to the church, who are most willing to persecute such as dissent from it, he was, notwithstanding his own non-con- formity, most amply entitled.'' Queensberry's administration ensued, in which Queensber- the maxims that had guided his predecessors were tfons!" "' so far from being relinquished, that they were pur- sued, if possible, with greater steadiness and activity. Lawrie of Blackwood was condemned for having holden intercourse with a rebel, whose name was not to be found in any of the lists of the intercom- muned or proscribed ; and a proclamation was issued, threatening all who were in like circumstances with a similar fate. The intercourse with rebels having * Burnet. 1685. 12,8 . HISTORY OF THE REIGN CHAPTER been in great parts of the kingdom promiscuous and universal, more than twenty thousand persons were objects of this menace.* Fines and extortions of all kinds were employed to enrich the publick treasury, to which, therefore, the multiplication of crimes be- came a fruitful source of revenue; and lest it should not be sufficiently so, husbands were made answer- able, (and that too with a retrospect,) for the absence of their wives from church ; a circumstance which the Presbyterian women's aversion to the episcopal form of worship, had rendered very general. 4- Deciaration This systcm of government, and especially the roni."'"*^" rigour with which those concerned in the late in- surrections, the excommunication of the King, or the other outrages complained of, were pursued and hunted, sometimes by blood-hounds, sometimes by soldiers almost equally savage, and afterwards shot like wild beasts, J drove some of those sectaries who were styled Cameronians, and other proscribed per- sons, to measures of absolute desperation. They made a declaration, which they caused to be affixed to different churches, importing, that they would use the law of retaliation, and '' we zuilir said they, " punish as enemies to God, and to the covenant, such " persons as shall make it their zvork to imhrne their * Burnet. Laing, 132. + Id. 140. % Woodrow, II. 447. 449- Fanaticks. OF JAMES THE SECOND. 139 ** hands in our blood; and chiefly, if they shall continue chapter " obstinately, and with habitual malice to proceed against '' us;" with more to the like effect,* Upon such an occasion, the interference of government became necessary. The government did indeed interfere, and by a vote of council, ordered, that whoever owned, or refused to disown, the Declaration on oath, should be put to death, in the presence of two wit- nesses, though unarmed when taken. The execu- Massacre of tion of this massacre, in the twelve counties which were principally concerned, was committed to the military, and exceeded, if possible, the order itself. The disowning the Declaration was required to be in a particular form prescribed. Women, obstinate in their fanaticism, lest female blood should be a stain upon the swords of soldiers engaged in this honourable employment, were drowned. The ha- bitations, as well of those who had fled to save themselves, as of those who suffered, were burnt and destroyed. Such members of the families of the delinquents as were above twelve years old, were imprisoned for the purpose of being after- wards transported. The brutality of the soldiers was such as might be expected from an army let loose from all restraint, and employed to execute * Woodrow, II. Append. 137. S 130 HISTORY OF THE REIGN CHAPTER the royal justice, as it was called, upon wretches. '. Graham, who has been mentioned before, and who, under the title of Lord Dundee, a title which was probably conferred upon him by James for these or similar services, was afterwards esteemed such a hero among the Jacobite party, particularly distin- guished himself. Of six unarmed fugitives whom he seized, he caused four to be shot in his presence, nor did the remaining two experience any other mercy from him than a delay of their doom; and at another time, having intercepted the flight of one of these victims, he had him shewn to his family, and then murdered in the arms of his wife! The ex- ample of persons of such high rank, and who must be presumed to have had an education in some de- gree correspondent to their station, could not fail of operating upon men of a lower order in society. The carnage became every day more general and more indiscriminate ; and the murder of peasants in their houses, or while employed at their usual work in the fields, by the soldiers, was not only not reproved or punished, but deemed a meritorious service by their superiors."^ The demise of King Charles, which happened about this time, caused no suspension or relaxation in these proceedings, which * Burnet. Woodrow. Laing. OF JAMES THE SECOND. 131 seemed to have been the crowning; measure, as it chapter ^ II. were, or finishing stroke, of that system, for the steady perseverance in which James so much admired the resolution of his brother. It has been judged necessary to detail these transac- observations tions, in a manner which may, to some readers, appear an impertinent digression from the narrative in which this history is at present engaged, in order to set in a clearer light, some points of the greatest import- ance. In the first place, from the summary review of the affairs of Scotland, and from the complacency with which James looks back to his own share of them, joined to the general approbation he expressed of the conduct of Government in that kingdom, we may form a pretty just notion, as well of his maxims of policy, as of his temper and disposition, in matters onthedis- where his bigotry to the Roman Catholick religion James. had no share. For it is to be observed, and carefully kept in mind, that the church, of which he not only recommends the support, but which he showed him- self ready to maintain, by the most violent means, is the Episcopalian church of the Protestants ; that the test which he enforced at the point of the bayonet was a Protestant test, so much so indeed, that he him- self could not take it ; and that the more marked character of the conventicles, the objects of his 132. HISTORY OF THE REIGN CHAPTER persecution, was not so much that of hereticks ex- • communicated by the Pope, as of dissenters from the church of England, and irreconcileable enemies to the Protestant Liturgy and the Protestant Episcopacy. But he judged the church of England to be a most fit instrument for rendering the monarchy absolute. On the other hand, the Presbyterians were thought natu- rally hostile to the principles of passive obedience, and to one or other, or wuth more probability, to both, of these considerations, joined to the natural violence of his temper, is to be referred the whole of his conduct, in this part of his life, which in this view, is rational enough; but on the supposition of his having conceived thus early, the intention of in- troducing Popery upon the ruins of the church of England, is wholly unaccountable, and no less ab- surd, than if a general were to put himself to great cost and pains to furnish with ammunition, and to strengthen with fortifications, a place of which he was actually meditating the attack, onthepri- Tlic next important observation that occurs, and SgoJern- to which evcu they who are most determined to be- lieve that this Prince had always Popery in view, and held every other consideration as subordinate to that primary object, must nevertheless subscribe, is, that the most confidential advisers, as well as the OF JAMES THE SECOND. 155 most furious supporters, of the measures we have re- chapter lated, were not Roman Catholicks. Lauderdale and . 1685. Queensberry were both Protestants. There is no rea- son, therefore, to impute any of James's violence after- wards to the suggestions of his Catholick advisers, since he who had been engaged in the series of mea- sures above related, with Protestant counsellors and coadjutors, had surely nothing to learn from Papists, (whether priests, Jesuits, or others,) in the science of tyranny. Lastly, from this account we are enabled on the state r • r 1 roil of Scotland. to lorm some notion ot the state of Scotland, at a time when the parliament of that kingdom was called to set an example for this, and we find it to have been a state of more absolute slavery than at that time subsisted in any part of Christendom. The affairs of Scotland being in the state which we Proceeding* have described, it is no wonder that the King's letter Parliament. was received with acclamations of applause, and that the parliament opened, not only with approbation of the government, but even with an enthusiastick zeal, to signalize their loyalty, as well by a perfect acquiescence to the King's demands, as by the most fulsome expressions of adulation. " What Prince in " Europe, or in the whole world'' said the Chancellor Perth, '* was ever like the late King, except his present ** Majesty, who had undergone every trial of prosperity 134 HISTORY OF THE REIGN CHAPTER " and adversity, and whose unwearied clemency was . ** not among the least conspicuous of his virtues^ To " advance his honour and greatness, was the duty of *' all his subjects, and ought to be the endeavour of " their lives without reserve.'' The Parliament voted an address, scarcely less adulatory than the Chan- cellor's speech. " May it please your Sacred Majesty, " Your Majesty's gracious and kind remembrance " of the services done by this, your ancient kingdom, " to the late King your brother, of ever glorious *' memory, shall rather raise in us ardent desires to ** exceed whatever we have done formerly, than *' make us consider them as deserving the esteem *' your Majesty is pleased to express of them in •' your Letter to us, dated the twenty-eighth of March. " The death of that our excellent Monarch is la- ^' mented by us to all the degrees of grief that are " consistent with our great joy for the succession of " your Sacred Majesty, who has not only continued, " but secured the happiness, which his wisdom, his "justice, and clemency procured to us: and having *• the honour to be the first Parliament which meets *' by your Royal Authority, of which we are very *^ sensible, your Majesty may be confident, that we OF JAMES THE SECOND. 135 *^ will offer such laws as may best secure your chapter " Majesty's sacred person, the royal family, and " government, and be so exemplary loyal, as to *' raise your honour and greatness to the utmost of " our power, which we shall ever esteem both our " duty and interest. Nor shall we leave any thing " undone for extirpating all fanaticism, but espe- *' cially those fanatical murtherers and assassins, and *' for detecting and punishing the late conspirators, " whose pernicious and execrable designs did so " much tend to subvert your Majesty's government, ** and ruin us and all your Majesty's faithful subjects. " We can assure your Majesty, that the subjects of " this your Majesty's ancient kingdom are so desi- " rous to exceed all their predecessors in extraor- *' dinary marks of affection and obedience to your *' Majesty, that, (God be praised,) the only way to *' be popular with us, is to be eminently loyal. *' Your Majesty's care of us, when you took us *' to be your special charge, your wisdom in extin- " guishing the seeds of rebellion and faction amongst ** us, your justice, which was so great, as to be for *' ever exemplary, but above all, your Majesty's *' free and cheerful securing to us our religion, *' when you were the late King's, your Royal Bro- *' ther's Commissioner, now again renewed, when l6«5. 136 HISTORY OF THE REIGN CHAPTER ** you are our Sovereign, are what your subjects *' here can never forget, and therefore your Majesty " may expect that we will think your coramands *' sacred as your person, and that your inclination " will prevent our debates; nor did ever any who *' represented our Monarchs as their Commissioners, *' (except your royal self,) meet with greater re- *' spect, or more exact observance from a Parlia- *' ment, than the Duke of Queensberry, (whom your *• Majesty has so wisely chosen to represent you in ** this, and of whose eminent loyalty, and great " abilities in all his former employments, this nation " hath seen so many proofs,) shall find from *' May it please your Sacred Majesty, *' your Majesty's most humble, most faithful, and " most obedient subjects and servants, *' PERTH, Cancell." itstyranni- Nqf was this Spirit of loyalty, (as it was then called,) of abject slavery, and unmanly subservience to the will of a despot, as it has been justly denomi- nated by the more impartial judgment of posterity, confined to words only. Acts were passed to ratify all the late judgments, however illegal or iniquitous, to indemnify the privy council, judges, and all OF JAMES THE SECOND. IS 7 officers of the Crown, civil or military, for all the chapter violences they had committed ; to authorize the '■ — privy council to impose the test upon all ranks of people under such penalties as that board might think fit to impose ; to extend the punishment of death, which had formerly attached upon the preachers at field conventicles only, to all their auditors, and like- wise to the preachers at house conventicles ; to sub- ject to the penalties of treason, all persons who should give, or take the covenant, or write in defence there- of, or in any other way own it to be obligatory; and lastly, in a strain of tyranny, for which there was, it is believed, no precedent, and which certainly has never been surpassed, to enact, that all such persons as, being cited in cases of high treason, field or house conventicles, or church irregularities, should refuse to give testimony, should be liable to the punish- ment due by law to the criminals against whom they refused to be witnesses. It is true that an act was also passed, for confirming all former statutes in favour of the Protestant religion as then established, in their whole strength and tenour, as if they were par- ticularly set down and expressed in the said act; but when we recollect the notions which Queens- berry at that time entertained of the King's views, this proceeding forms no exception to the general T 138 HISTORY OF THE REIGN CHAPTER system of servility which characterized both mini- '. — sters and parliament. All matters in relation to revenue were of course settled in the manner most agreeable to his Majesty's wishes, and the recom- mendation of his Commissioner. Cruelty of While the legislature was doing its part, the execu- Government. tive government was not behind hand in pursuing the system which had been so much commended. A re- fusal to abjure the Declaration in the terms prescribed, was every where considered as sufficient cause for immediate execution. In one part of the country, information having been received, that a corpse had been clandestinely buried, an enquiry took place : it was dug up, and found to be that of a person pro- scribed. Those who had interred him, were sus- pected, not of having murdered, but of having harboured him. For this crime, their house was de- stroyed; and the women and children of the family being driven out to wander as vagabonds, a young man belonging to it was executed by the order of Johnston of Westerraw. Against this murder even Graham himself is said to have remonstrated, but was content with protesting, that the blood was not upon his head ; and not being able to persuade a Highland officer to execute the order of Johnston, ordered his own men to shoot the unhappy victim.* In another * Woodrow, II. 507. OF JAMES THE SECOND. 139 county, three females, one of sixty-three years of chapter age, one of eighteen, and one of twelve, were charged with rebellion; and refusing to abjure the Declara- tion, were sentenced to be drowned. The last was let off, upon condition of her father's giving a bond for a hundred pounds. The elderly woman, who is re* presented as a person of eminent piety, bore her fate with the greatest constancy, nor does it appear that her death excited any strong sensations in the minds of her savage executioners. The girl of eighteen Was more pitied; and after many entreaties, and having been once under water, was prevailed upon to utter some words, which might be fairly construed into blessing the King, a mode of obtaining pardon not unfrequent in cases where the persecutors were in- clined to relent. Upon this it was thought she was safe ; but the merciless barbarian who superintended this dreadful business, was not satisfied; and upon her refusing the abjuration, she was again plunged into the water, where she expired.* It is to be remarked, that being at Bothwell-bridge and Air's-moss were among the crimes stated in the indictment of all the three, though, wlien the last of these affairs happened, one of the girls was only thirteen, and the other not eight years of age. At the time of the Bothwell* * Woodrow, II. 506. 140 HISTORY OF THE REIGN CHAPTER bridge business, they were still younger. To recite „ — all the instances of cruelty which occurred, would be endless ; but it may be necessary to remark, that no historical facts are better ascertained than the ac- counts of them which are to be found in Woodrow. In every instance where there has been an oppor- tunity of comparing these accounts with records, and other authentick monuments, they appear to be quite correct. English Par- The Scottish Parliament having thus set, as they May 15. had bccn required to do, an eminent example of what was then thought duty to the Crown, the King met his English Parliament, on the 19th of May, 1685, and opened it with the following speech: " My Lords and Gentlemen, " After it pleased Almighty God, to take to his " mercy the late King my dearest brother, and to * ' bring me to the peaceable possession of the Throne *' of my ancestors, I immediately resolved to call a " Parliament, as the best means to settle every thing " upon those foundations, as may make my reign " both easy and happy to you ; towards which, I am " disposed to contribute all that is fit for me to do. " What I said to my Privy Council, at my first " coming there, I am desirous to renew to you; OF JAMES THE SECOND. 141 ' wherein I fully declare my opinion concerning the chapter ' principles of the church of England, whose mem ' bers have shewed themselves so eminently loyal ' in the worst of times, in defence of my father, and ' support of my brother, (of blessed memory,) that ' I will always take care to defend and support it. ' I will make it my endeavour to preserve this go- ' vernment, both in church and state, as it is by law ' established : And as I will never depart from the ' just rights and prerogatives of the Crown, so I will ' never invade any man's property; and you may be ' sure, that having heretofore ventured my life in ' the defence of this nation, I will still go as far as ' any man in preserving it in all its just rights and ' liberties. " And having given this assurance concerning the ' care I will have of your religion and property, ' which I have chose to do, in the same words which ' I used at my first coming to the Crown, the better ' to evidence to you, that I spoke them not by chance, ' and consequently, that you may firmly rely upon a ' promise so solemnly made, I cannot doubt that I ' shall fail of suitable returns from you, with all imagi- ' nable duty and kindness on your part, and particu- ' larly to what relates to the settling of my revenue, ' and continuing it, during my life, as it was in the 1685. 142 HISTORY OF THE REIGN CHAPTER " lifetime of my brother. I might use many argu- '■ — " ments to enforce this demand, for the benefit of " trade, the support of the navy, the necessity of the ' ' Crown , and the well-being of the government itself, " which I must not suJfiFer to be precarious: but I " am confident, your own consideration of what is " just and reasonable, will suggest to you whatsoever " might be enlarged upon this occasion. " There is one popular argument, whicli, I fore- " see, may be used against what I ask of you, from " the inclination men have for frequent parliaments ; " which some may think would be the best security, " by feeding me, from time to time, by such propor- " tions as they shall think convenient: And this ar- *' gument, it being the first time I speak to you from " the Throne, I will answer once for all, that this *' would be a very improper method to take with " me ; and that the best way to engage me to meet " you often, is always to use me well. " I expect therefore, that you will comply with *' me in what I have desired, and that you will do it *' speedily; that this may be a short session, and /' that we may meet again to all our satisfactions.'* " My Lords and Gentlemen, " I must acquaint you, that I have had news this OF JAMES THE SECOND. 143 " morning from Scotland, that Argyle is landed in chapter '* the West Highlands, with the men he brought " with him from Holland: That there are two De- ' ' clarations published ; one in the name of all those " in arms, the other in his own. It would be too " long for me to repeat the substance of them; it is " sufficient to tell you, I am charged with usurpation " and tyranny. The shorter of them I have directed " to be forthwith communicated to you. " I will take the best care I can, that this Decla- *' ration of their own faction and rebellion may meet " with the reward it deserves: and I will not doubt " but you will be the more zealous to support the *' government, and give me my revenue as I have ^' desired it, without delay." The repetition of the words made use of in his TheKin^-s first speech to the privy council, shews, that in the amined. opinion of the Court at least, they had been well chosen, and had answered their purpose ; and even the haughty language which was added, and was little less than a menace to parliament, if it should not comply with his wishes, was not, as it appears, unpleasing to the party which at that time prevailed, since the revenue enjoyed by his predecessor, was u^nanimously, and almost immediately, voted to him 1685. 144 HISTORY OF THE REIGN CHAPTER for life. It was not remarked, in publick at least, that the King's threat of governing without par- liament, was an unequivocal manifestation" of his contempt of the law of the country, so distinctly established, though so ineffectually secured, by the statute of the 1 6th of Charles the Second, for holding triennial parliaments. It is said, Lord Keeper Guild- ford had prepared a different speech for his Majesty, but that this was preferred, as being the King's own words;* and, indeed that part of it, in which he says that he must answer once for all, that the Commons' giving such proportions as they might think conve- nient, would be a very improper way with him, bears, as well as some others, the most evident marks of its royal origin. It is to be observed, however, that in arguing for his demand, as he styles it, of revenue, he says, not that the parliament ought not, but that he must not suffer the well-being of the government depending upon such revenue, to be precarious; whence it is evident, that he inr tended to have it understood, that, if the parliament did not grant, he purposed to levy a revenue without their consent. It is impossible that any degree of party spirit should so have blinded men, as to prevent them from perceiving, in this speech, a determination * Life of Lord Keeper North. Ralph. OF JAMES THE SECOND. 145 on the part of the King, to conduct his government chapter upon the principles of absolute monarchy, and to those who were not so possessed with the love of royalty, which creates a kind of passionate affection for whoever happens to be the wearer of the Crown, the vindictive manner in which he speaks of Argyle's invasion, might afford sufficient evidence of the temper in which his power would be administered. In that part of his speech he first betrays his personal feelings towards the unfortunate nobleman, whom, in his brother's reign, he had so cruelly and treache- rously oppressed, by dwelling upon his being charged by Argyle with tyranny and usurpation, and then declares, that he will take the best care, not according to the usual phrases, to protect the loyal and well disposed, and to restore tranquillity, but that the Declaration of the factious and rebellious may meet with the reward it deserves ; thus marking out revenge and punishment as the consequences of victory, upon which he was most intent. It is impossible, that in a House of Commons, proceed however composed, there should not have been many members who disapproved the principles of government announced in the speech, and who were justly alarmed at the temper in which it was conceived. But these, overpowered by numbers, mgs of Parlia- ment. 146 HISTORY OF THE REIGN CHAPTER and perhaps afraid of the imputation of being con- ^ — '- cerned in plots and insurrections, (an imputation which , if they had shewn any spirit of liberty, would most infallibly have been thrown on them,) declined expressing their sentiments; and, in the short session which followed, there was an almost uninterrupted unanimity in granting every demand, and acquies- cing in every wish of the Government. The revenue was granted, without any notice being taken of the illegal manner in which the King had levied it upon his own authority. Argyle was stigmatised as a traitour; nor was any desire expressed to examine his Declarations, one of which seemed to be pur- posely withheld from parliament. Upon the com- munication of the Duke of Monmouth's landing in the West, that nobleman was immediately attainted by bill. The King's assurance was recognized as a sufficient security for the national religion ; and the liberty of the press was destroyed by the revival of the statute of the 1 3 th and 14th of Charles the Second. This last circumstance, important as it is, does not seem to have excited much attention at the time, which, considering the general principles then in fashion, is not surprising. That it should have been scarcely noticed by any historian, is more won- derful. It is true, however, that the terrour inspired OF JAMES THE SECOND. 147 by the late prosecutions for libels, and the violent chapter conduct of the courts upon such occasions, rendered a formal destruction of the liberty of the press a mat- ter of less importance. So little does the magistracy, when it is inclined to act tyrannically, stand in need of tyrannical laws to effect its purpose. The bare silence and acquiescence of the legislature is, in such a case, fully sufficient to annihilate, practically speak- ing, every right and liberty of the subject. As the grant of revenue was unanimous, so there Misrepreseu- - 11 1 • 1 • 1 tation of Mr. does not appear to have been any thing which can Hume's. justly be styled a debate upon it; though Hume em- ploys several pages in giving the arguments which, he affirms, were actually made use of, and, as he gives us to understand, in the House of Commons, for and against the question; arguments which, on both sides, seem to imply a considerable love of freedom, and jealousy of royal power, and are not wholly unmixed even, with some sentiments disrespectful to the King. Now I cannot find, either from tradition, or from con- temporary writers, any ground to think, that, either the reasons which Hume has adduced, or indeed any other, were urged in opposition to the grant. The Mr. sey- only speech made upon, the occasion, seems to have 3y7peech been that of Mr. (afterwards Sir Edwardv) Seymour, '" °pp°''''°"* who, though of the Tory party , a strenuous, opposer 148 HISTORY OF THE REIGN CHAPTER of the Exclusion Bill, and in general, supposed to — have been an approver, if not an adviser, of the tyran- nical measures of the late reign, has the merit of having stood forward singly, to remind the House of what they owed to themselves and their constituents. He did not, however, directly oppose the grant, but stated, that the elections had been carried on under so much court influence, and in other respects so illegally, that it was the duty of the House first to ascertain, who were the legal members, before they proceeded to other business of importance. After having pressed this point, he observed, that, if ever it were necessary to adopt such an order of proceed- ing, it was more peculiarly so now, when the laws and religion of the nation were in evident peril; that the aversion of the English people to Popery, and their attachment to the laws, were such, as to secure these blessings from destruction by any other instrumen- tality than that of parliament itself, which, however, might be easily accomplished, if there were once a parliament entirely dependant upon the persons who might harbour such designs; that it was already rumoured that the Test, and Habeas Corpus Acts, the two bulwarks of our religion and liberties, were to be repealed; that what he stated was so notorious as to need no proof. Having descanted with force OF JAMES THE SECOND. 149 and ability upon these, and other topicks of a simi- chapter lar tendency, he urged his conclusion, that the ques- tion of royal revenue ought not to be the nrst business of the parliament.* Whether, as Burnet thinks, be- cause he was too proud to make any previous com- munication of his intentions, or that the strain of his argument was judged to be too bold for the times, this speech, whatever secret approbation it might excite, did not receive from any quarter either ap- plause or support. Under these circumstances it was not thought necessary to answer him, and the grant was voted unanimously, without further dis- cussion. As Barillon, in the relation of parliamentary pro* ceedings, transmitted by him to his Court, in which he appears at this time to have been very exact, gives the same description of Seymour's speech and its eJBFects, with Burnet, there can be little doubt but their account is correct. It will be found as well in this, as in many other instances, that an unfortunate inattention, on the part of the reverend historian, to forms, has made his veracity unjustly called in question. He speaks of Seymour's speech as if it had been a motion in the technical sense of the word, for enquiring into the elections, which had no * Barillon's Dispatches, June Sd, and 4th, Appendix. Burnet, H. 321. 150 HISTORY OF THE REIGN CHAPTER effect. Now no traces remaining; of such a motion, II. . . . and, on the other hand, the elections having been at a subsequent period inquired into, Ralph almost pronounces the whole account to be erroneous ; whereas the only mistake consists in giving the name of motion to a suggestion, upon the question of a grant. It is whimsical enough, that it should be from the account of the French ambassadour, that we are enabled to reconcile to the records, and to the forms of the English House of Commons, a relation made by a distinguished member of the English House of Lords. Sir John Reresby does indeed say, that among the gentlemen of the House of Commons whom he accidently met, they in general seemed willing to settle a handsome revenue upon the King, and to give him money; but whether their grant should be permanent, or only temporary, and to be renewed from time to time by parliament, that the nation might be often consulted, was the question.'"^ But besides the looseness of the expression, which may only mean that the point was questionable, it is to be observed, that he does not relate any of the ar- guments which were brought, forward even in the private conversations to which he refers; and when he afterwards gives an account of what passed in the * Reresby's Memoirs, 192. OF JAMES THE SECOND. 151 House of Commons, (where he was present,) he does chapter not hint at any debate having; taken place, but — — — rather implies the contrary. This misrepresentation df Mr. Hume's is of no small importance, inasmuch as, by intimating that such a question could be debated at all, and much more, that it was debated with the enlightened viewSj and bold topicks of argument with which his genius has supplied him, he gives us a very false notion of the character of thd parliament, and of the times which he is describing. It is not improbable, that if the arguments had been used, which this historian supposes, the utterer of them would have beefi ex- pelled, or sent to the ToWer; and it h certain, that he would tiot have been heard with any degree of atieri- tiori, or even patience. The unanimous vote for trusting the safety of re- votes con- ligion to the King's Declaration, passed not withc^t gion. observation; the rights of the church of England being the only point upon which, at this tiiiie, th^ parliament 'were in any degree jealous of the toyul power. The comffiiftee of religion had votedf Uhdini^ mously, " That it is the opinioTi of the commkt^€, * ' that this House will stand by his Majiesty wMh ** their livesand^ fortunes, accoif ding to their bounden ** duty and allegiance, in defence of the reformed 1685. 155 HISTORY OF THE REIGN CHAPTER " Church of England, as it is now by law esta- " blished; and that an humble address be presented " to his Majesty, to desire him to issue forth his '' Royal Proclamation, to cause the penal laws to be '' put in execution against all dissenters from the " Church of England whatsoever." But upon the report of the House, the question of agreeing with the committee was evaded by a previous question, and the House, with equal unanimity, resolved, ' ' That " this House doth acquiesce, and entirely rely, and •' rest wholly satisfied, on his Majesty's gracious " word, and repeated declaration to support and de- " fend the religion of the Church of England, as it " is now by law established, which is dearer to us " than our lives." Mr.Echard, and Bishop Kennet, two writers of different principles, but both church- men, assign, as the motive of this vote, the unwil- lingness of the party then prevalent in parliament, to adopt severe measures against the Protestant dis- senters ; but in this notion they are by no means supported by the account, imperfect as it is, which Sir John Reresby gives of the debate ; for he makes no mention of tenderness towards dissenters, but states, as the chief argument against agreeing with the committee, that it might excite a jealousy of the King;* ♦Echard. Kennet, 441. Reresby, 198. OF JAMES THE SECOND. 153 and Barillon expressly says, that the first vote chapt gave great offence to the King, still more to the Qiieen, and that orders were, in consequence, issued to the court members of the House of Commons, to devise some means to get rid of it/'' Indeed, the general circumstances of the times are de- cisive against the hypothesis of the two reverend historians; nor is it, as far as I know, adopted by any other historians. The probability seems to be, that the motion in the committee had been originally sug- gested by some Whig member, who could not, with prudence, speak his real sentiments openly, and who thought to embarrass the government, by touching upon a matter, where the union between the church party and the King, would be put to the severest test. The zeal of the Tories for persecution, made them at first give into the snare; but when, upon reflection, it occurred, that the involving of the Ca- tholicks in one common danger with the Protestant dissenters, must be displeasing to the King, they drew back without delay, and passed the most com- prehensive vote of confidence, which James could desire.t * Vide Barillon's letter, Appendix. + A most curious instance of the circuitous mode, and deep devices to which the Whigs, if they wished at this time to oppose the Court, X Ell Person. 154 HISTORY OF THE REIGN CHAPTER Further to manifest their servility to the King, as well as their hostility to every principle, that Bill for the could by implication be supposed to be connected Preservation ' ^ ^ ^ ^™*!1^"^' with Monmouth or his cause, the House of Commons passed a Bill for the Preservation of his Majesty's Person, in which, after enacting that a written or verbal declaration of a treasonable intention, should be tantamount to a treasonable act, they inserted two remarkable clauses, by one of which, to assert the legitimacy of Monmouth' s birth — by the other, to propose in parliament any alteration in the succession oj the Crown , were made likewise high treason. We learn from Burnet,* that the first part of this bill was strenuously were obliged to resort, is a scheme wliich seems to have been seriously entertained by them, of moving to disqualify from office all persons who had voted for the exclusion. Disqualification from offices, which they had no means of obtaining, was to them of no importance, and by obliging theKing to removeGodolphin, and more especially Sunderland, they might put the Court to considerable difficulties. Vide Appendix. * Ralph unjustly accuses Burnet of inaccuracy on this occasion, and asserts, " That unfortunately for us, or this Right Reverend author, " there is not the least trace of any such bill to be found in any of the " accounts of this parliament extant ; and therefore we are under a " necessity to suppose, that if any such clause was offered, it was by " way of supplement to the bill for the preservation of his Majesty's " person and government, which, no doubt, was strict enough, and " which passed the House of Commons while Monmouth was in arms, " just before the adjournment, but never reached the Lords." II. QH. Now the enactment to which the Bishop alludes, was not, as Ralph OF JAMES THE SECOND. 155 and warmly debated, and that it was chiefly opposed chapter by Sergeant Maynard, whose arguments made some impression even at that time; but whether the Ser- geant was supported in his opposition, as the word chiefly would lead us io imagine, or if supported, by whom, that historian does not mention; and unfor- tunately, neither of Maynard's speech itself, nor indeed of any opposition whatever to the bill, is there any other trace to be found. The crying in- justice of the clause, which subjected a man to the pains of treason, merely for delivering his opinion upon a controverted fact, though he should do no act in consequence of such opinion, was not, as far as we are informed, objected to, or at all noticed, unless indeed the speech above alluded to, in which the supposes, a supplement to the bill for the preservation of his Majesty's person, but made part of the very first clause of it ; and the only inac- curacy, if indeed it deserves that name, of which Burnet is guilty, is that of calling the bill what it really was, a bill for Declaring Treasons, and not giving it its formal title of a Bill for the Preservation of his Majesty's Person, 8cc. The bill is fortunately preserved among the papers of the House of Commons, and as it is not, as far as I know, any where in print, I have subjoined it in my Appendix. Perhaps some per- sons might think it more discreet, to leave such a production in obscur rity, lest it should ever be made use of as a precedent; but whoever peruses with attention some of our modern statutes, will perceive, that though not adduced as a precedent, on account, perhaps, of the inauspi- cious reign in which it made its appearance, it has but too ^ten been used as a model. 156 HISTORY OF THE REIGN CHAPTER Speaker is said to have descanted upon the general '■ — danger of making words treasonable, be supposed 1685. , , , . T to have been applied to this clause, as well as to the former part of the bill. That the other clause should have passed without opposition, or even observa- tion, must appear still more extraordinary, when we advert, not only to the nature of the clause itself, but to the circumstances of there being actually in the House, no inconsiderable number of members who had, in the former reign, repeatedly voted for the Exclusion Bill. soiicitudefor It is worthy of noticc, however, that, while every the church of ..,p..,.. , , England. principle or criminal jurisprudence , and every regard to th^ fundamental rights of the deliberative assem- blies, which make part of the legislature of the nation, were thus shamelessly sacrificed to the eagerness which, at this disgraceful period, so generally pre- vailed, of manifesting loyalty, or rather abject servi- lity to the Sovereign, there still remained no small degree of tenderness for the interests and safety of the church of England, and a sentiment approaching to jealousy upon any matter which might endanger, even by the most remote consequences, or put any restriction upon her ministers. With this view, as one part of the bill did not relate to treasons only, but im- posed new penalties upon such as should by writing, OF JAMES THE SECOND. 157 printing, preaching, or other speaking, attempt to chapter bring the King or his government into hatred or — contempt, there was a special proviso added, " that " the asserting, and maintaining by any writing, " printing, preaching, or any other speaking, the " doctrine, discipline, divine worship, or govern- " merit of the church of England as it is now by law *' established, against Popery or any other different '' or dissenting opinions, is not intended, and shall " not be interpreted, or construed to be any offence " within the words or meaning of this act."'" It cannot escape the reader, that only such attacks upon Popery as were made in favour of the doctrine and discipline of the church of England, and no other, were protected by this proviso, and consequently that, if there were any real occasion for such a guard, all Protestant dissenters who should write or speak against the Roman superstition, were wholly unpro- tected by it, and remained exposed to the danger, whatever it might be, from which the church was so anxious to exempt her supporters. This Bill passed the House of Commons, and was TheBiii sent up to the House of Lords on the 30th of June, "''"p"'"''^' It was read a first time on that day, but the adjourn- ment of both houses taking place on the 2d of July, * Vide Bill for the Preservation, 8cc. Appendix. 158 HISTORY OF THE REIGN CHAPTER it could not make any further progress at that time ; and when the parliament met afterwards in autumn, there was no longer that passionate affection for the monarch, nor consequently that ardent zeal for ser- vitude, which were necessary to make a law with such clauses and provisos, palatable or even endurable. It is not to be considered as an exception to the general complaisance of Parliament, that the Speaker, when he presented the Revenue Bill, made use of some strong expressions, declaring the attachment of the Commons to the national religion.'' Such senti- ments could not be supposed to be displeasing to James, after the assurances he had given of his regard for the church of England. Upon this occasion his Majesty made the following speech: ** My Lords and Gentlemen, Speech on " I thauk you very heartily for the bill you have RevTrfueBiu. " presented me this day; and I assure you, the readi- " ness and cheerfulness that has attended the dis- " patch of it, is as acceptable to me as the bill itself. * " The Commons of England have here presented your Majesty " with the Bill of Tonnage and Poundage, with all readiness and cheer- " fulness; and that without any security for their religion, though it be *' dearer to them than their lives, relying wholly on your royal word fo*- " the security of it ; and humbly beseech your Majesty to accept this " their offer," 8cc. Kennet, II. 427. OF JAMES THE SECOND. 159 *' After so happy a beginning, you may believe I chapter ' would not call upon you unnecessarily for an ex- ' traordinary supply: but when I tell you, that the ' stores of the navy and ordnance are extremely ' exhausted ; that the anticipations upon several ' branches of the revenue aregreatandburthensome; ' that the debts of the King my brother, to his ser- ' vants and family, are such as deserve compassion; ' that the rebellion in Scotland, without putting ' more weight upon it than it really deserves, must ' oblige me to a considerable expense extraordi- ' nary: I am sure, such considerations will move ' you to give me an aid to provide for those things, ' wherein the security, the ease, and the happiness ' of my government are so much concerned. But ' above all, I must recommend to you the care of ' the Navy, the strength and glory of this nation ; ' that you will put it into such a condition, as may ' make us considered and respected abroad. I can- ' not express my concern, upon this occasion, more ' suitable to my own thoughts of it, than by assur- ' ing you, I. have a true English heart, as jealous of ' the honour of the nation as you can be ; and I ' please myself with the hopes, that, by God's bless- ' ing, and your assistance, I may carry the reputa- ' tion of it yet higher in the world, than ever it has 1685. 160 HISTORY OF THE REIGN CHAPTER " been in the time of any of my ancestors ; and as I = will not call upon you for supplies, but when they '■ are of publick use and advantage ; so I promise ' you, that what you give me upon such occasions, shall be managed with good husbandry; and I will take care, it shall be employed to the uses for which I ask them." sented by hiS' torians, Misrepre- Rapln, Hume, and Ralph, observe upon this speech, that neither the generosity of the Commons' grant, nor the confidence they expressed upon religious matters, could extort a kind word in favour of their religion. But this observation, whether meant as a reproach to him for his want of gracious feeling to a generous Parliament, or as an oblique compliment to his sincerity, has no force in it. His Majesty's speech was spoken immediately upon passing the bills which the Speaker presented, and he could not therefore take notice of the Speaker's words, unless he had "Spoken extempore; for the custom is not, nor I believe ever was, for the Speaker to give, beforehand, copies of addresses of this nature. James would not certainly have scrupled to repeat the assurances which he had so lately made in favour of the Protestant religion, as he did not scruple to talk of his true English heart, honour of the nation, &c. OF JAMES THE SECOND. 161 at a time when he was engaged with France; but the chapter speech was prepared for an answer to a money bill, not for a question of the Protestant religion and church, and the false professions in it are adapted to what was supposed to be the only subject of it. The only matter in which the Kind's views were Reversal of ^ ° Stafford's at- in any degree thwarted, was the reversal of Lord fainder re- Stafford's attainder, which, having passed the House of Lords, not without opposition, was lost in the House of Commons; a strong proof that the Popish plot was still the subject upon which the opposers of the Court had most credit with the publick. Mr. Hume, notwithstanding his just indignation at the condemnation of Stafford, and his general inclina- tion to approve of royal politicks, most unaccount- ably justifies the Commons in their rejection of this bill, upon the principle of its being impolitick at that time to grant so full a justification of the Catho- licks, and to throw so foul an imputation upon the Protestants. Surely if there be one moral duty that is binding upon men in all times, places, and cir- cumstances, and from which no supposed views of policy can excuse them, it is that of granting a full justification to the innocent; and such Mr. Hume considers the Catholicks, and especially Lord Stafford, to have been. The only rational way of 162, HISTORY OF I'HE REIGN CHAPTER accounting for this solitary instance of non-com- — pliance on the part of the Commons, is either to suppose that they still believed in the reality of the Popish plot, and Stafford's guilt, or that the church party, which was uppermost, had such an antipathy to Popery, as indeed to every sect, whose tenets differed from theirs, that they deemed every thing lawful against its professors. Parliament ^^ ^^^ ^^ of Ju^X' Parliament was adjourned for adjourned, ^j^^ purpose of enabling the principal gentlemen to be present in their respective counties, at a time when their services and influence might be so necessary to government. It is said that the House of Commons consisted of members so devoted to James, that he declared there were not forty in it, whom he would not himself have named. But although this may have been true, and though from the new-modelling of the corporations, and the in- terference of the court in elections, this Parliament, as far as regards the manner of its being chosen, was by no means a fair representative of the legal elec- tors of England, yet there is reason to think that it afforded a tolerably correct sample of the disposition of the nation, and especially of the church party, which was then uppermost. The general character of the party at this time, OF JAMES THE SECOND. I6.'i appears to have been a high notion of the King's chapter constitutional power, to which was superadded, a kind of religious abhorrence of all resistance to the character of ^ ^ , ihe church Monarch, not only in cases where such resistance p^ny. was directed against the lawful prerogative, but even in opposition to encroachments, which the Monarch might make beyond the extended limits which they assigned to his prerogative. But these te- nets, and still more, the principle of conduct naturally resulting from them, were confined to the civil, as contradistinguished from the ecclesiastical, polity of the country. In church matters, they neither ac- knowledged any very high authority in the Crown, nor were they willing to submit to any royal en- croachment on that side ; and a steady attachment to the church of England, with a proportionable aversion to all dissenters from it, whether Catholick or Protestant, was almost universally prevalent among them. A due consideration of these distinct features in the character of a party so powerful in Charles's and in James's time, and even when it was lowest, (that is, during the reigns of the two first Princes of the House of Brunswick,) by no means inconsiderable, is exceedingly necessary to the right understanding of English History. It affords a clue to many passages otherwise unintelligible. For want 164 HISTORY OF THE REIGN CHAPTER of a proper attention to this circumstance, some his- torians have considered the conduct of the Tories in promoting the Revolution, as an instance of great inconsistency. Some have supposed, contrary to the clearest evidence, that their notions of passive obe- dience, even in civil matters, were limited, and that their support of the government of Charles and James, wan founded upon a belief, that those Princes would never abuse their prerogative for the purpose of introducing arbitrary sway. But this hypothesis is contrary to the evidence both of their declarations and their conduct. Obedience without reserve, an abhorrence of all resistance, as contrary to the tenets of their religion, are the principles which they professed in their addresses, their sermons, and their decrees at Oxford; and surely nothing short of such principles, could make men esteem the latter years of Charles the Second, and the opening of the reign of his successor, an era of national happiness, and exemplary government. Yet this is the representa- tion of that period, which is usually made by histo- rians, and other writers of the church party. " Never " were fairer promises on one side, nor greater gene- *' rosity on the other," says Mr. Echard. " The King ** had as yet, in no instance, invaded the rights of his '* subjects," says the author of the Caveat against the OF JAMES THE SECOND. 165 Whigs. Thus, as long as James contented himself with chapter absolute power in civil matters, and did not make use of his authority against the church, every thing went smooth and easy; nor is it necessary, in order to account for the satisfaction of the parliament and people, to have recourse to any implied compromise, by which the nation was willing to yield its civil liberties as the price of retaining its religious con- stitution. The truth seems to be, that the King, in asserting his unlimited power, rather fell in with the humour of the prevailing party, than offered any violence to it. Absolute power in civil matters, under the specious names of monarchy and prero- gative, formed a most essential part of the Tory creed; but the order in which Church and King are placed in the favourite device of the party, is not accidental, and is well calculated to shew the genuine principles of such among them as are not corrupted by influence. Accordingly, as the sequel of this reign will abundantly shew, when they found them- selves compelled to make an option, they preferred, without any degree of inconsistency, their first idol to their second, and when they could not preserve both Church and King, declared for the former. It gives certainly no very flattering picture of the situatrba of ...... the Whigs. ' country, to describe it as being in some sense fairly 166 HISTORY OF THE REIGN, fcc. CHAPTER represented hy this servile Parliament, and not only '. — acquiescing in, but delighted with, theearly measures of James's reign; the contempt of law exhibited in the arbitrary mode of raising his revenue; his insult- ing menace to the Parliament, that if they did not use him well, he would govern without them; his furious persecution of the Protestant dissenters, and the spirit of despotism which appeared in all his speeches and actions. But it is to be remembered, that these measures were in no wise contrary to the principles or prejudices of the church party, but rather highly agreeable to them; and that the Whigs, who alone were possessed of any just notions of liberty, were so out-numbered, and discomfited by persecution, that such of them as did not think fit to engage in the rash schemes of Monmouth or Argyle, held it to be their interest to interfere as little as possible in publick affairs, and by no means to obtrude upon unwilling hearers, opinions and sentiments, which, ever since the dissolution of the Oxford parliament in 1681, had been generally dis- countenanced, and of which the peaceable, or rather triumphant accession of James to the throne, was supposed to seal the condemnation. CHAPTER THE THIRD. CONTENTS. ** Attempts of Argyle and Monmouth. — Account of their followers. — " Argyle's Expedition discovered. — His descent in Argyleshire. — " Dissensions among his followers. — Loss of his shipping. — His " army dispersed, and himself taken prisoner, — His behaviour in " prison. — His execution. — The fate of his followers. — Rumbold's " last Declaration examined. — Monmouth's Invasion of England. — " His first success and reception. — His delays, disappointment, and "despondency. — Battle of Sedgemore. — He is discovered and " taken. — His Letter to the King. — His interview with James. — His *' preparations for death.— Circumstances attending his execution. — *' His Character." E. [171 ] CHAPTER THE THIRD. It is now necessary to give some account of those chapter attempts in Scotland by the Earl of Argyle, and in — Encrland by the Duke of Monmouth, of which the Eariof ' . . . . . Argyle. King had informed his Parliament in the manner recited in the preceding Chapter. The Earl of Argyle was son to the Marquis of Argyle, of whose unjust execution, and the treacherous circumstances accompanying it, notice has already been taken. He had, in his youth, been strongly attached to the royal cause, and had refused to lay down his arms,, till he had the exiled King's positive orders for that purpose. But the merit of his early services could neither save the life of his father, nor even procure for himself a complete restitution of his family ho- nours and estates; and not long after the Restoration, upon an accusation of Leasing-Making,an accusation founded, in this instance, upon a private letter to a. n HISTORY OF THE REIGN CHAPTER fellow-subject, in which he spoke with some freedom of his Majesty's Scottish ministry, he was condemned to death. The sentence was suspended, and finally remitted; but not till after an imprisonment of twelve months and upwards. In this affair he was much assisted by the friendship of the Duke of Lauderdale, with whom he ever afterwards liv^ed upon terms of friendship, though his principles would not per- mit him to give active assistance to that nobleman in his government of Scotland. Accordingly, we do not, during that period, find Argyle's name among those who held any of those great employments of state, to which, by his rank and consequence, he was naturally entitled. When James, then Duke of York, was appointed to the Scotch government, it seems to have been the Earl's intention to cultivate his Royal Highness' favour, and he was a strenuous supporter of the Bill which condemned all attempts at exclusions, or other alterations in the succession of the crown. But having highly offended that Prince, by insisting on the occasion of the Test, that the Royal Family, when in office, should not be exempted from taking that oath which they imposed upon sub- jects in like situations, his Royal Highness ordered a prosecution against him, for the explanation with which he had taken the Test oath at the council OF JAMES THE SECOND. 173 board, and the Earl was, as we have seen, again con- chapter 1685. demned to death. From the time of his escape from prison, he resided wholly in foreign countries, and was looked to as a principal ally by such of the English pa- triots as had at anytime entertained thoughts, whether more or less ripened, of delivering their country. James Duke of Monmouth was the eldest of the Duke of late King's natural children. In the early parts of his life, he held the first place in his father's affections; and even in the height of Charles's displeasure at his political conduct, attentive observers thought they could discern, that the traces of paternal tenderness were by no means effaced. Appearing at Court His cha- in the bloom of youth, with a beautiful figure, and engaging manners, known to be the darling of the Monarch, it is no wonder that he was early assailed by the arts of flattery; and it is rather a proof that he had not the strongest of all minds, than of any extraordinary weakness of character, that he was not proof against them. He had appeared with some distinction in the Flemish campaigns; and his con- duct had been noticed with the approbation of the commanders, as well Dutch as French, under whom he had respectively served. His courage was allowed by all, his person admired, his generosity loved, his sincerity confided in. If his talents were not of the tion. 174 HISTORY OF THE REIGN CHAPTER first rate, they were by no means contemptible; — and he possessed, in an eminent degree, qualities which, in popular government, are far more effec- tive than the most splendid talents; qualities by which he inspired those who followed him, not only with confidence and esteem, but with affection, en- ftndaitibi- thusiasm, and even fondness. Thus endowed, it is not surprising that his youthful mind was fired with ambition, or that he should consider the putting himself at the head of a party, (a situation for which he seems to have been peculiarly qualified by so many advantages,) as the means by which he was most likely to attain his object. His private Many circumstances contributed to outweigh the scruples which must have harrassed a man of his excellent nature, when he considered the obligations of filial duty and gratitude, and when he reflected, that the particular relation in which he stood to the King rendered a conduct, which in any other subject would have been meritorious, doubtful, if not extremely culpable in him. Among these, not the least was the declared enmity which subsisted between him and his uncle, the Duke of York. The Earl of Mulgrave, afterwards Duke of Buckingham- shire, boasttd in his Memoirs, that this enmity was originally owing to his contrivances; and while he motives. OF JAMES THE SECOND. 1 75 is relating a conduct, upon which the only doubt chapter can be, whether the object or the means were the most infamous, seems to applaud himself, as if he had atchieved some notable exploit. While, on the one hand, a prospect of his uncle's succession to the crown was intolerable to him, as involving in it a certain destruction of even the most reasonable and limited views of ambition which he might entertain, he was easily led to believe on the other hand, that no harm, but the reverse, was intended towards his royal father, whose reign and life might become precari- ous, if he obstinately persevered in supporting his brother ; whereas, on the contrary, if he could be persuaded, or even forced, to yield to the wishes of his subjects, he mi^ht long reign a powerful, happy, and popular Prince. It is also reasonable to believe, that with those per- poiukai mo- 1 I . . , . - tives of his sonal and private motives, others might co-operate conduct. of a publick nature, and of a more noble character. The Protestant religion, to which he seems to have been sincerely attached, would be persecuted, or perhaps, exterminated, if the King should be suc- cessful in his support of the Duke of York, and his faction. At least, such was the opinion generally prevalent, while, with respect to the civil liberties of the country, no doubt could be entertained, that if 176 HISTORY OF THE REIGN CHAPTER the Court party prevailed in the struggle then de- !_ pending, they would be completely extinguished. Something may be attributed to his admiration of the talents of some, to his personal friendship for others, among the leaders of the Whigs, more to the aptitude of a generous nature to adopt, and, if I may so say, to become enamoured of, those principles of justice, benevolence, and equality, which form the true creed of the party which he espoused. I am not inclined to believe that it was his connection with Shaftes- bury that inspired him with ambitious views, but rather to reverse cause and effect, and to suppose, that his ambitious views produced his connection with that nobleman ; and whoever reads with at- tention Lord Grey*s account of one of the party meetings at which he was present, will perceive that there was not between them that perfect cordi- ality which has been generally supposed, but that Russel, Grey, and Hampden, were upon a far more confidential footing with him. It is far easier to de- termine generally, that he had high schemes of am- bition, than to discover what was his precise object ; and those who boldly impute to him the intention of succeeding to the crown, seem to pass by several weighty arguments, which make strongly against their hypothesis; such as, his connection with the OF JAMES THE SECOND. 177 Dutchess of Portsmouth, who, if the succession were chapter to go to the King's illegitimate children, must natu- '. — rally have been for her own son ; his unqualified support of the Exclusion Bill, which, without in- deed mentioning her, most unequivocally settled the Crown, in case of a demise, upon the Princess of Orange; and above all, the circumstance of his having, when driven from England, twice chosen Holland for his asylum. By his cousins he was re- ceived, not so much with the civility and decorum of Princes, as with the kind familiarity of near rela- tions ; a reception to which he seemed to make every return of reciprocal cordiality.* It is not rashly to be believed, that he, who has never been accused of hardened wickedness, could have been upon such terms with, and so have behaved to, persons whom he purposed to disappoint in their dearest and best grounded hopes, and to defraud of their inheritance. Whatever his views might be, it is evident that they Hisexiie were of a nature wholly adverse, not only to those fand.^"^* of the Duke of York, but to the schemes of power entertained by the King, with which the support of his brother was intimately connected. Monmouth was therefore, at the suggestion of James, ordered by his father to leave the country, and deprived of all * D'Avaux. A a 178 HISTORY OF THE REIGN CHAPTER his offices, civil and military. The pretence for this exile was a sort of principle of impartiality, which obliged the King, at the same time that he ordered his brother to retire to Flanders, to deal equal mea- sure to his son. Upon the Duke of York's return, (which was soon after,) Monmouth thought he might without blame return also; and persevering in his former measures, and old connections, became deeply involved in the cabals to which Essex, Russel, and Sidney fell martyrs. After the death of his friends he surrendered himself; and upon a pro- mise, that nothing said by him should be used to the prejudice of any of his surviving friends, wrote a penitentiary letter to his father, consenting, at the same time, to ask pardon of his uncle. A great parade was made of this by the Court, as if it was designed by all means to goad the feelings of Monmouth : his Majesty was declared to have pardoned him at the request of the Duke of York, and his consent was required to the publication of what was called his Confession. This he resolutely refused at all ha- zards, and was again obliged to seek refuge abroad, where he had remained to the period of which we are now treating. ^xpSbc. A little time before Charles's death, he had in- Ki^ng's'^dcalh. dulgcd hopes of being recalled, and that his intelli- OF JAMES THE SECOND. 179 gence to that effect was not quite unfounded, or, if chapteh false, was at least mixed with truth, is clear from the following circumstance : From the notes found when he was taken, in his memorandum book, it appears that part of the plan concerted between the King and Monmouth's friend, (probably Halifax,) was that the Duke of York should go to Scotland,* between which, and his being sent abroad again, Monmouth and his friends saw no material difference. Now in Barillon's letters to his Court, dated the 7 th of Decem- ber, 1684, it appears that the Duke of York had told that ambassadour of his intended voyage to Scotland, though he represented it in a very different point of view, and said that it would not be attended with any diminution of his favour or credit.-f This was the light in which Charles, to whom the expressions, " to blind my brother, not to make the Duke of *' York fly out," and the like, were familiar, would certainly have shewn the affair to his brother, and therefore of all the circumstances adduced, this ap- pears to me to be the strongest in favour of the sup- position, that there was in the King's mind, a real intention of making an important, if not a complete, change in his councils and measures. Besides these two leaders, there were on the Con- Exiiesfrom Scotland. * Welwood's Memoirs. + See Appendix, p. viii. 180 HISTORY OF THE REIGN CHAPTER tinent at that time, several other gentlemen of great '■ — consideration. Sir Patrick Hume of Polworth had sirP.Hume. early distinguished himself in the cause of liberty. When the privy council of Scotland passed an order, compelling the counties to pay the expence of the garrisons arbitrarily placed in them, he refused to pay his quota, and by a mode of appeal to the Court of Session, which the Scotch lawyers call a Bill of Sus- pension, endeavoured to procure redress. The coun- cil ordered him to be imprisoned, for no other crime, as it should seem, than that of having thus attempted to procure, by a legal process, a legal decision upon a point of law. After having remained inclose con- finement, in Stirling Castle, for near four years, he was set at liberty through the favour and interest of Monmouth. Having afterwards engaged in schemes connected with those imputed to Sidney and Russel, orders were issued for seizing him at his house in Berwickshire; but having had timely notice of his danger, from his relation, Hume of Ninewells, a gentleman attached to the royal cause,* but whom party spirit had not rendered insensible to the ties of kindred, and private friendship, he found means * It is not without some satisfaction, that I learnt, upon enquiry, that this gentleman was the ancestor of Hume the historian, who, in similar circumstances, would most certainly have followed his grand- father's example. OF JAMES THE SECOND. 181 to conceal himself for a time, and shortly after to chapter escape beyond sea. His concealment is said to have been in the family burial-place, where the means of sustaining life were brought to him by his daughter, a girl of fifteen years of age, whose duty and affection furnished her with courage to brave the terrours, as well superstitious as real, to which she was necessa- rily exposed in an intercourse of this nature. ''' Andrew Fletcher of Salton, a young man of great rieicherof spirit, had signalized himself in opposition to Lau- derdale's administration of Scotland, and had after- wards connected himself with Argyle and Russel, and what was called the council of six. He had, of course, thought it prudent to leave Great Britain, and could not be supposed unwilling to join in any enterprize which might bid fair to restore him to his country, and his countrymen to their lost liber- ties, though, upon the present occasion, which he seems to have judged to be unfit for the purpose, he endeavoured to dissuade both Argyle and Mon- mouth from their attempts. He was a man of much thought and reading, of an honourable mind, and a fiery spirit, and from his enthusiastick admiration of the ancients, supposed to be warmly attached, not only to republican principles, but to the form of a * MS. account of Sir P. Hume. 182 HISTORY OF THE REIGN CHAPTER commonwealth. Sir John Cochrane of Ochiltree '. — had fled his country on account of the transactions l6S5. r ^«^ TT* 1 Sir John or 1683. riis property and connections were consi- derable, and he was supposed to possess extensive influence in Airshire and the adjacent counties. English Such were the persons of chief note among the Scottish emigrants. Among the English, by far the LordGreyof most remarkable, was Ford, Lord Grey of Wark. A Wark. scandalous love intrigue, with his wife's sister, had fixed a very deep stain upon his private character; nor were the circumstances attending this affair, which had all been brought to light in a court of justice, by any means calculated to extenuate his guilt. His antient family, however, the extensive influence arising from his large possessions, his ta- lents, which appear to have been very considerable, and above all, his hitherto unshaken fidelity in poli- tical attachments, and the general steadiness of his conduct in publick life, might in some degree coun- tervail the odium which he had incurred on account of his private vices. Of Matthews, Wade, and Ayloffe, whose names are mentioned, as having both joined the preliminary councils, and done actual service in the invasions, little is known by which curiosity could be either gratified or excited. Rumboid. Richard Rumbold, on every account, merits more OF JAMES THE SECOND. 183 particular notice. He had formerly served in the re- chapter publican armies ; and adhering to the principles of liberty, which he had imbibed in his youth, though no wise bigotted to the particular form of a common- wealth, had been deeply engaged in the politicks of those who thought they saw an opportunity of rescuing their country from the tyrannical government of the late King. He was one of the persons denounced in Keyling's narrative, and was accused of having con- spired to assassinate the royal brothers, in their road to Newmarket ; an accusation belied by the whole tenour of his life and conduct, and which, if it had been true, would have proved him, who was never thought a weak or foolish man, to be as destitute of common sense, as of honour and probity. It was pretended, that the seizure of the Princes was to take place at a farm called Rye-house, which he oc- cupied in Hertfordshire for the purposes of his trade as a maltster; and from this circumstance, was derived the name of the Rye-house plot. Conscious of having done some acts, which the law, if even fairly interpreted, and equitably administered, might deem criminal, and certain that many which he had not done, would be both sworn, and believed against him, he made his escape, and passed the remainder of Charles's reign in exile and obscurity; nor is his 184 HISTORY OF THE REIGN CHAPTER name, as far as I can learn, ever mentioned, from the '. — time of the Rye-house plot to that of which we are 1685. now treating. Other exiles. It is not to bc understood that there were no other names upon the list of those who fled from the tyranny of the British government, or thought themselves unsafe in their native country, on account of its violence, besides those of the persons above mentioned, and of such as joined in their bold and hazardous enterprize. Another class of emigrants, not less sensible probably to the wrongs of their country, but less sanguine in their hopes of imme- diate redress, is ennobled by the names of Burnet Burnet and the historian, and Mr. Locke. It is difficult to ac- opinion. cede to the opinion, which the first of these seems to entertain, that though particular injustices had been committed, the misgovernment had not been of such a nature as to justify resistance by arms."" But the prudential reasons against resistance at that time were exceedingly strong ; and there is no point in human concerns, wherein the dictates of virtue, and worldly prudence, are so identified, as in this great question of resistance by force to esta- blished government. Success, it has been invidiously remarked, constitutes, in most instances, the sole • Burnet, II. 309. OF JAMES THE SECOND. 185 difference between the traitor and the deliverer of chapter his country. A rational probability of success, it may be truly said, distinguishes the well considered observations enterprize of the patriot, from the rash schemes of the disturber of the publick peace. To command success, is not in the power of man; but to deserve success, by choosing a proper time, as well as a proper object, by the prudence of his means, no less than by the purity of his views, by a cause not only intrinsically just, but likely to ensure general sup- port, is the indispensible duty of him, who engages in an insurrection against an existing government. Upon this subject, the opinion of Ludlow, who Ludlow's opi though often misled, appears to have been an honest and enlightened man, is striking and forcibly ex- pressed. " We ought," says he, " to be very careful " and circumspect in that particular, and at least be " assured of very probable grounds, to believe the " power under which we engage, to be sufficiently "able to protect us in our undertaking; other- " wise, I should account myself not only guilty " of my own blood, but also, in some measure, of " the ruin and destruction of all those that I should " induce to engage with me, though the cause were " never so just.'"'' Reasons of this nature, mixed * Ludlow's Memoirs, p. 235. B, b morion resist- ance. invasion. 186 HISTORY OF THE REIGN CHAPTER more or less with considerations of personal caution, '. — and in some, perhaps, with dislike and distrust of the leaders, induced many, who could not but abhor the British government, to wait for better opportu- nities, and to prefer either submission at home, or exile, to an undertaking, which, if not hopeless, must have been deemed by all, hazardous in the extreme. Monmouth's lu the situatious in which these two noblemen, attempt an Argylc aud Moumouth, were placed, it is not to be wondered at, if they were naturally willing to enter into any plan, by which they might restore them- selves to their country; nor can it be doubted, but they honestly conceived their success to be inti- mately connected with the welfare, and especially with the liberty, of the several kingdoms to which they respectively belonged. Monmouth, whether because he had begun at this time, as he himself said, to wean his mind from ambition," or from the observations he had made upon the apparently rapid turn which had taken place in the minds of the English people, seems to have been very averse to rash counsels, and to have thought that all attempts against James, ought at least to be deferred till some more favourable opportunity should present itself. So far from esteeming his chance of success the * Vide his letter iu Wellwood's Memoirs, and in Ralph, I. 953. OF JAMES THE SEiCOND. 187 better, on account of there being, in James's parlia- chapter ment, many members who had voted for the Exclu- L sion Bill, he considered that circumstance as unfa- vourable. These men, of whom however he seems to have over-rated the number, would, in his opinion, be more eager than others, to recover the ground they had lost, by an extraordinary show of zeal and attachment to the Grown. But if Monmouth was inclined to dilatory counsels, far different were the views and designs of other exiles, who had been obliged to leave their country on account of their having engaged, if not with him personally, at least in the same cause with him, and who were naturally enough his advisers. Among these were Lord Grey ©f Wark and Ferguson; though the latter afterwards denied his having had much intercourse with the Duke^ and the former, in his Narrative,'" insinuates that he rather dissuaded than pressed the invasion. But if Monmouth was inclined to delay, Argyle rmpatience seems, on the other hand, to have been impatient in "^ ^^^" the extreme to bring matters to a crisis, and was, of course, anxious that the attempt upon England should * It is however notorious that he did press Monmouth very much j; and this circumstance, if any were wanting, would suflBciently prove that his Narrative is very little to be relied upon, in any point where: he conceived the falsification of a fact might serve him with the King^. upon whose mercy his life at that time depended. 88 HISTORY OF THE REIGN CHAPTER be made in co-operation with his upon Scotland. — ; Ralph, an historian of great acuteness, as well as diligence, but who falls sometimes into the common error of judging too much from the event, seems to think this impatience wholly unaccountable; but Argyle may have had many motives, which are now unknown to us. He may not improbably have fore- seen, that the friendly terms upon which James and the Prince of Orange affected at least to be, one with the other, might make his stay in the United Pro- vinces impracticable, and that, if obliged to seek ano- ther asylum, not only he might have been deprived, in some measure, of the resources which he derived from his connections at Amsterdam, but that the verv circumstance of his having been publickly discoun- tenanced by the Prince of Orange and the States General, might discredit his enterprize. His eager- ness for action may possibly have proceeded from the most laudable motives, his sensibility to the horrours which his countrymen were daily and hourly suf- fering, and his ardour to relieve them. The dreadful state of Scotland, while it affords so honourable an explanation of his impatience, seems to account also, in a great measure, for his acting against the common notions of prudence, in making his attack without any previous concert with those whom he expected OF JAMES THE SECOND 189 to join him there. That this was his view of the chapter J III. matter is plain, as we are informed by Burnet that — - he depended not only on an army of his own clan and vassals, but that he took it for granted, that the western and southern counties would all at once come about him, when he had gathered a good force together in his own country; and surely, such an expectation, when we reflect upon the situation of those counties, was by no means unreasonable. Argyle's counsel, backed by Lord Grey and the preparations rest of Monmouth's advisers, and opposed by none invasion. except Fletcher of Salton, to whom some add Cap- tain Matthews, prevailed, and it was agreed to invade immediately, and at one time, the two kingdoms. Monmouth had raised some money from his jewels, and Argyle had a loan of ten thousand pounds from a rich widow in Amsterdam. With these resources, such as they were, ships and arms were provided, and Argyle sailed from Vly on the second of May, Argyie'sex- with three small vessels, accompanied by Sir Patrick ''^mL^^- Hume, Sir John Cochrane, a few more Scotch gentle- men, and by two Englishmen, Ayloffe, a nephew by marriage to Lord Chancellor Clarendon, and Rum- bold the malster, who had been accused of being principally concerned in that conspiracy which, from his farm in Hertfordshire, where it was pretended 190 HISTORY OF THE REIGN CHAPTER Charles the Second was to have been intercepted in — — '. — his way from Newmarket, and assassinated, had been called the Rye-house plot.* Sir Patrick Hume is said to have advised the shortest passage, in order to come more unexpectedly upon the enemy ; but Argyle, who is represented as remarkably tenacious of his own opinions, persisted in his plan of sailing round the north of Scotland, as well for the purpose of landing at once among his own vassals, as for that of being nearer to the western counties, which had been most severely oppressed, and from which, of course, he expected most assistance. Each of these plans had no doubt its peculiar advantages; but, as far as we can judge at this distance of time, those be- longing to the Earl's scheme seem to preponderate; for the force he carried with him was certainly not sufficient to enable him, by striking any decisive stroke, to avail himself even of the most unprepared state in which he could hope to find the King's government. As he must therefore depend entirely upon reinforcements from the country, it seemed reasonable to make for that part where succour was * The detailed account of the exiles from England and Scotland, from page 179 to I84, was inserted in the work by Mr. Fox, after this pas- sage was written. — As it is there introduced, Mr. Fox would, do doubt, have erased the repetition of it; but it has been the object of the Editor to preserve scrupulously the w^ords of the MS. E. OF JAMES THE SECOND. 191 most likely to be obtained, even at the hazard of in- chapter curring the disadvantage which must evidently result from the enemy's having early notice of his attack, and consequently proportionable time for defence. Unfortunately, this hazard was converted into a P'scovered ^ by his land- certainty, by his sending some men on shore in the Sne^t^ Orkneys. Two of these, Spence and Blackadder, were seized at Kirkwall by the bishop of the diocese, and sent up prisoners to Edinburgh, by which means the government was not only satisfied of the reality of the intended invasion, of which, however, they had before had some intimation,* but could guess with a reasonable certainty, the part of the coast where the descent was to take place; for Argyle could not possibly have sailed so far to the north with any other view, than that of making his landing either on his own estate, or in some of the wes- tern counties. Among the numberless charges of imprudence against the unfortunate Argyle, charges too often inconsiderately urged against him who fails in any enterprize of moment, that which is founded upon the circumstance just mentioned ap- pears to me to be the most weighty, though it is that which is the least mentioned, and by no author, as far as I recollect, much enforced. If the landing in the north was merely for the purpose of gaining * Vide Appendix, p. Ixxviii. Burnet, II. 313. Woodrow, II. 5 13. 192 HISTORY OF THE REIGN CHAPTER intelligence respecting the disposition of the country, '. — or for the more frivolous object of making some few prisoners, it was indeed imprudent in the highest degree. That prisoners, such as were likely to be taken on this occasion, should have been a consider- ation with any man of common sense, is impossible. The. desire of gaining intelligence concerning the disposition of the people, was indeed a natural cu- riosity; but it would be a strong instance of that im- patience which has been often alledged, though in no other case proved, to have been part of the Earl's character, if, for the sake of gratifying such a desire, he gave the enemy any important advantage. Of the intelligence which he sought thus eagerly, it was evident that he could not in that place, and at that time, make any immediate use ; whereas, of that which he afforded his enemies, they could, and did avail themselves against him. The most favourable account of this proceeding, and which seems to de- serve most credit, is, that having missed the proper passage through the Orkney islands, he thought pro- per to send on shore for pilots, and that Spence very imprudently took the opportunity of going to confer with a relation at Kirkwall ; •' but it is to be remarked, that it was not necessary, for the purpose of getting pilots, to employ men of note, such as Blackadder * Woodrow, II. 513. OF JAMES THE SECOND. 19S and Spence, the latter of whom was the Earl's Se- chapter ^ III. cretary; and that it was an unpardonable neglect not . , . . . . , I 1685. to give the strictest injunctions to those who were employed, against going a step further into the coun- try than was absolutely necessary. Argyle, with his wonted generosity of spirit, was uisdescent at first determined to lay siege to Kirkwall, in order shire, to recover his friends ; but partly by the dissuasions of his followers, and still more by the objections made by the masters of the ships, to a delay which might make them lose the favourable winds for their intended voyage, he was induced to prosecute his course.* In the meantime the government made the use that it was obvious they would make, of the in- formation they had obtained, and when the Earl ar- rived at his destination, he learned that considerable forces were got together to repel any attack that he might meditate. Being prevented by contrary winds from reaching the isle of Hay, where he had pur- posed to make his first landing, he sailed back to Dunstafnage in Lorn, and there sent ashore his son, Mr. Charles Campbell, to engage his tenants, and other friends, and dependants of his family, to rise in his behalf; but even there he found less encou- ragement and assistance than he had expected, and * Woodrow, II. 531. C C 194 HISTORY OF THE REIGN CHAPTER the Laird of Lochniel, who g;ave him the best as- III. . surances, treacherously betrayed him, sent his letter to. the Government, and joined the royal forces under the Marquis of Athol. He then proceeded south- wards, and landed at Campbelltown in Kintyre, where his first step was to publish his Declaration, which appears to have produced little or no effect. Difference of This bad beginning; served, as is usual in such opinion. . adventures, rather to widen than to reconcile the differences which had early begun to manifest them- selves between the leader and his followers. Hume and Cochrane, partly construing perhaps too san- guinely the intelligence which was received from Airshire, Galloway, and the other Lowland districts in that quarter, partly from an expectation that where the oppression had been most grievous, the revolt would be proportionably the more general, were against any stay, or, as they termed it, loss of time in the Highlands, but were for proceeding at once, weak as they were in point of numbers, to a country where every man endowed with the common feel- ings of human nature, must be their wellwisher, every man of spirit their coadjutor. Argyle, on the contrary, who probably considered the discouraging accounts from the Lowlands as positive and distinct, while those which were deemed more favourable, ap- OF JAMES THE SECOND. 195 peared to him to be at least uncertain and provisional, chapter thought the most prudent plan was, to strengthen himself in his own country, before he attempted the invasion of provinces where the enemy was so well prepared to receive him. He had hopes of gaining time, not only to increase his own army, but to avail himself of the Duke of Monmouth's intended invasion of England, an event which must obviously have great influence upon his affairs, and which, if he could but maintain himself in a situation to pro- fit by it, might be productive of advantages of an importance and extent of which no man could pre- sume to calculate the limits. Of these two contrary opinions, it may be difficult at this time of day to ap- preciate the value, seeing that so much depends upon the degree of credit due to the different accounts from the Lowland counties, of which our imperfect infor- mation does not enable us to form any accurate judgment. But even though we should not decide absolutely in favour of the cogency of these reason- ings which influenced the chief, it must surely be admitted, that there was at least sufficient probabi- lity in them, to account for his not immediately giv- ing way to those of his followers, and to rescue his memory from the reproach of any uncommon obsti- nacy, or of carrying things, as Burnet phrases it, 196 HISTORY OF THE REIGN CHAPTER with an air of authority that was not easy to men who were setting up for liberty. On the other hand, it may be more difficult to exculpate the gentlemen engaged with Argyle, for not acquiescing more cheerfully, and not entering more cordially into the views of a man whom they had chosen for their ii2ader and general ; of whose honour they had no doubt, and whose opinion, even those who dissented from him, must confess to be formed upon no light or trivial grounds. Dissensions The differences upon the general scheme of at- lowers. tack, led, of course, to others upon points of detail. Upon every projected expedition there appeared a contrariety of sentiment, which on some occasions produced the most violent disputes. The Earl was often thwarted in his plans, and in one instance actually over-ruled by the vote of a council of war. Nor were these divisions, which might of them- selves be deemed sufficient to mar an enterprise of this nature, the only adverse circumstances which Argyle had to encounter. By the forward state of pre- paration on the part of the Government, its friends were emboldened ; its enemies, whose spirit had been already broken by a long series of sufferings, were completely intimidated, and men of fickle and time-serving dispositions, were fixed in its interests. OF JAMES THE SECOND. 197 Add to all this, that where spirit was not wanting, chapter it was accompanied with a degree and species of perversity wholly inexplicable, and which can hardly gain belief from any one, whose experience has not made him acquainted with the extreme dif- ficulty of persuading men, who pride themselves upon an extravagant love of liberty, rather to com- promise upon some points with those who have, in the main, the same views with themselves, than to give power, (a power which will infallibly be used for their own destruction,) to an adversary of prin- ciples diametrically opposite ; in other words, rather to concede something to a friend, than every thing to an enemy. Hence, those even, whose situation was the most desperate, who were either wandering about the fields, or seeking refuge in rocks and ca- verns, from the authorized assassins who were on every side pursuing them, did notall join in Argyle's cause with that frankness and cordiality which was to be expected. The various schisms which had existed among different classes of Presbyterians, were still fresh in their memory. Not even the per- secution to which they had been in common, and almost indiscriminately subjected, had reunited them. According to a most expressive phrase of an emi- nent minister of their church, who sincerely lamented 198 HISTORY OF THE REIGN CHAPTER their disunion. The furnace had not yet healed the rents and breaches among them.* Some doubted ^^^^' whether, short of establishing ail the doctrines preached by Cargill and Cameron, there was any thing worth contending for; while others, still fur- ther gone in enthusiasm, set no value upon liberty, or even life itself, if they were to be preserved by the means of a nobleman, who had, as well by his ser- vices to Charles the Second, as by other instances, been guilty, in the former parts of his conduct, of what they termed unlawful compliances. Hispian Perplexed, no doubt, but not dismayed, by these over-ruled, ^ifji^ulties, the Earl proceeded to Tarbet, which he had fixed as the place of rendezvous, and there issued a second Declaration, (that which has been mentioned as having been laid before the House of Commons,) with as little effect as the first. He was joined by Sir Duncan Campbell, who alone, of all his kinsmen, seems to have afforded him any material assistance, and who brought with him nearly a thousand men ; but even with this important reinforcement his whole army does not appear to have exceeded two thousand. It was here that he was over-ruled by a council of war, when he proposed marching to In- verary ; and after much debate, so far was he from being so self-willed as he is represented, that he * Woodrow, II 530. OF JAMES THE SECOND. 199 consented to go over with his army to that part of chapter Argyleshire called Cowal, and that Sir John Cochrane — should make an attempt upon the Lowlands ; and he sent with him Major FuUarton, one of the officers in whom he most trusted, and who appears to have best deserved his confidence. This expedition could not land in Airshire, where it had at first been intended, owing to the appearance of two king's fri- gates, which had been sent into those seas; and when it did land near Greenoch, no other advantage was derived from it, than the procuring from the town a very small supply of provisions.* When Cochrane, with his detachment, returned to Loss of his Cowal, all hopes of success in the Lowlands seemed, for the present at least, to be at an end, and Argyle's original plan was now necessarily adopted, though under circumstances greatly disadvantageous. Among these the most important was, the approach of the frigates, which obliged the Earl to place his ships under the protection of the castle of Ellengreg, which he fortified and garrisoned, as well as his con- tracted means would permit. Yet even in this situ- ation, deprived of the co-operation of his little fleet, as well as of that part of his force which he left to defend it, being well seconded by the spirit and * Woodrow. 500 HISTORY OF THE REIGN CHAPTER activity of Rumbold, who had §eized the castle of Ardkinglass near the head of Loch Fine, he was not without hopes of success in his main enterprize against Inverary, when he was called back to El- lengreg, by intelligence of fresh discontents having broken out there, upon the nearer approach of the frigates. Some of the most dissatisfied had even threatened to leave both castle and ships to their fate ; nor did the appearance of the Earl himself by any means bring with it that degree of authority which was requisite in such a juncture. His first motion was to disregard the superior force of the men of war, and to engage them with his small fleet ; but he soon discovered that he was far indeed from being furnished with the materials necessary to put in execution so bold, or as it may possibly be thought, so romantick a resolution. His associates remonstrated, and a mutiny in his ships was pre- dicted as a certain consequence of the attempt. Leav- ing therefore, once more, Ellengreg with a garrison under the command of the Laird of Lopness, and strict orders to destroy both ships and fortification, rather than suffer them to fall into the hands of the enemy, he marched towards Gareloch. But whe- ther from the inadequacy of the provisions with which he was able to supply it, or from cowardice, OF JAMES THE SECOND. 501 misconduct, or treachery, it does not appear, the chapter castle was soon evacuated without any proper mea sures being taken to execute the Earl s orders, and the military stores in it to a considerable amount, as well as the ships which had no other defence, were abandoned to the King's forces. This was a severe blow ; and all hopes of acting His amy , dispersed. according to the Earl's plan of establishing himself strongly in Argyleshire, were now extinguished. He therefore consented to pass the Leven, a little above Dumbarton, and to march eastwards. In this march he was overtaken, at a place called Killerne, by Lord Dumbarton at the head of a large body of the King's troops; but he posted himself with so much skill and judgment, that Dumbarton thought it prudent to wait at least, till the ensuing mornings before he made his attack. Here again Argyle was for risking an engagement, and in his nearly desperate situ- ation, it was probably his best chance, but his ad- vice, (for his repeated misfortunes had scarcely left him the shadow of command,) was rejected.* On the other hand, a proposal was made to him, the most absurd as it should seem, that was ever suggested in similar circumstances, to pass the enemy in the night, and thus exposing his rear, to subject himself * Lord Fountainhall's Memoirs, MS. Woodrow, 536. 140^ HISTORY OF THE REIGN CHAPTER to the danger of being surrounded, for the sake of III. '. — advancing he knew not whither, or for what pur- pose. To this he could not consent; and it was at last agreed to deceive the enemies by lighting fires, and to decamp in the night towards Glasgow. The first part of this plan was executed with success, and the army went off un perceived by the enemy; but in their night march, they were misled by the igno- rance, or the treachery of their guides, and fell into difficulties which would have caused some disorder among the most regular and best disciplined troops. In this case such disorder was fatal, and produced, as among men circumstanced as Argyle's were, it ne- cessarily must, an almost general dispersion. Wan- dering among bogs and morasses, disheartened by fatigue, terrified by rumours of an approaching enemy, the darkness of the night aggravating at once every real distress, and adding terrour to every vain alarm; in this situation, when even the bravest and the best, (for according to one account Rumbold him- self was missing for a time,) were not able to find their leaders, nor the corps to which they respec- tively belonged ; it is no wonder that many took this opportunity to abandon a cause now become despe- rate, and to effect individually that escape which, as a body, they had no longer any hopes to accomplish.* ♦ Woodrow, II. 535, 536. OF JAMES THE SECOND. 503 When the small remains of this ill-fated army got chapter together, in the morning, at Kilpatrick, a place far distant from their destination, its number was re- duced to less than five hundred . Argyle had lost all authority; nor indeed, had he retained any, does it appear that he could now have used it to any salu- tary purpose. The same bias which had influenced the two parties in the time of better hopes, and with regard to their early operations, still prevailed, now that they were driven to their last extremity. Sir Patrick Hume and Sir John Cochrane would not stay even to reason the matter with him whom, at the onset of their expedition, they had engaged to obey, but crossed the Clyde, with such as would follow them, to the number of about two himdred, into Renfrewshire.* Argyle, thus deserted, and almost alone, still looked Argyie taken . 1 1 . . , prisoner* to his own country as the sole remaining hope, and sent off Sir Duncan Campbell, with the twa Dun^ cansons, father and son, persons all three, by whom he seemed to have been served with the most exem- plary zeal and fidelity, to attempt new levies there. Having done this, and settled such means of corres- pondence as the state of affairs would permit, he re- paired to the house of an old servant, upon whose ' * Woodrow, 535 > 1685. 2,04 HISTORY OF THE REIGN CHAPTER attachment he had relied for an asylum, but was III. . . peremptorily denied entrance. Concealment in this part of the country seemed now impracticable, and he was forced at last to pass the Clyde, accompanied by the brave and faithful Fullarton. Upon coming to a ford of the Inchanon, they were stopped by some militia men. Fullarton used in vain, all the best means which his presence of mind suggested to him, to save his General. He attempted one while by gentle, and then by harsher language, to detain the commander of the party till the Earl, who was ha- bited as a common countryman, and whom he passed for his guide, should have made his escape. At last, when he saw them determined to go after his pre- tended guide, he offered to surrender himself with- out a blow, upon condition of their desisting from their pursuit. This agreement was accepted, but not adhered to, and two horsemen were detached to seize Argyle. The Earl, who was also on horse- back, grappled with them, till one of them and him- self came to the ground. He then presented his pocket pistols, on which the two retired ; but soon after five more came up, who fired without effect, and he thought himself like to get rid of them, but they knocked him down with their swords, and seized him. When they knew whom they had taken, OF JAMES THE SECOND. :205 ties offered to they seemed much troubled, but dared not let him chapter go.* Fullarton, perceiving that the stipulation on — which he had surrendered himself was violated, and determined to defend himself to the last, or at least to wreak, before he fell, his just vengeance upon his perfidious opponents, grasped at the sword of one of them, but in vain; he was overpowered, and made prisoner.t Afffvle was immediately carried to Renfrew, xheindigni- thence to Glasgow, and on the 20th of June was led him in triumph into Edinburgh. The order of the coun- cil was particular; that he should be led bare-headed, in the midst of Oraham's guards, with their matches cocked^ his hands tied behind his back, and preceded by the common hangman, in which situation, that he might be more exposed to the insults and taunts of the vulgar, it was directed that he should be carried * In my relation of the taking of Argyle's person, I have followed his own account, and mostly in his own words. As the authenticity of the paper written in prison, wherein he gives this account, has never been called in question, it seems strange that any historian should have adopted a different one. I take no notice of the story, by which he is made to exclaim in falling, !' Unfortunate Argylel" and thus to discover himself. Besides, that there is no authority for it, it has not the air of a real fact, but rather resembles a clumsy contriviance in some play, where the poet is put to his last shift, for means to prpdqce a discovery necessary to his plot, f Woodrow, 536, 537. 2,06 HISTORY OF THE REIGN CHAPTER to the Castle by a circuitous route.* To the equa- — ~ — - nimity with which he bore these indignities, as endured with indeed to the manly spirit exhibited by him through- magnanimity. . r 1 • T r 1 out, in these last scenes ot his lire, ample testimony is borne by all the historians who have treated of them, even those who are the least partial to him. He had frequent opportunities of conversing, and some of writing, during his imprisonment, and it is from such parts of these conversations and writings as have been preserved to us, that we can best form to ourselves a just notion of his deportment during that trying period ; at the same time, a true repre- sentation of the temper of his mind, in such circum- stances, will serve, in no small degree, to illustrate his general character and disposition. His mildness Wc liavc already seen how he expressed himself and resigna- tion, with regard to the men, who by taking him, became the immediate cause of his calamity .-f He seems to feel a sort of gratitude to them, for the sorrow he saw, or fancied he saw in them, when they knew who he was, and immediately suggests an excuse for * Woodrow, 538. + " As soon as they knew what I was, they seemed to be much •• troubled, but durst not let me go." Woodrow, 337- In another paper, he says, " Of the militia who wounded and took me, some '' wept, but durst not let me go." Id. 538. Supra, 205. E. GF JAMES THE SECOND. ^Of them, by saying, that they did not dare to follow the chapter impulse of their hearts. Speaking of the supineness of his countrymen, and of the little assistance he had received from them, he declares with his accustomed piety, his resignation to the will of God, which was that Scotland should not be delivered at this time, nor especially by his hand ; and then exclaims, with the regret of a patriot, but with no bitterness of dis- appointment, " But alas! who is there to be deli- *' vered ! There may," says he, "be hidden ones^ " but there appears no great party in the country^ *' who desire to be relieved."* Justice, in some de- gree, but still more, that warm affection for his own kindred and vassals, which seems to have formed a marked feature in this nobleman's character, then induces him to make an exception in favour of his poor friends in Argyleshire, in treating for whom, though in what particular way does not appear, he was employing, and with some hope of success, the few remaining hours of his life. In recounting the failure of his expedition, it is impossible for him not to touch upon what he deemed the misconduct of his friends; and this is the subject upon which, of all others, his temper must have been most irrit- able. A certain description of friends, (the words * Woodrow, 538. :208 HISTORY OF THE REIGN CHAPTER describing; them are omitted.) were all of them^ without exception, his greatest enemies, both to betray and destroy him; and and (the names again omitted,) were the greatest cause of his rout, and his being taken, though not designedly he acknowledges, but by ignorance, cowardice, and faction.* This sentence had scarce escaped him, when, notwithstanding the qualifying words with which his candour had acquitted the last mentioned persons of intentional treachery, it ap- peared too harsh to his gentle nature, and declaring himself displeased with the hard epithets + he had used, he desires they maybe put out of any account that is to be given of these transactions. The manner * " friends were our greatest enemies, all without exception, " both to betray and destroy us ; and indeed and were " the greatest cause of our rout, and (of) my being taken; though •' not designedly I acknowledge, yet by ignorance, cowardice, and " faction." E. t " I am not pleased with myself. I have such hard epithets of " some of my countrymen, seeing they are Christians ; pray put it out " of any account you give ; only I must acknowledge, they were not «' governable, and the humour you found begun, continued." Wood- row, II. 538. After an ineffectual research to discover the original MS. Mr. Fox observes in a letter, " Cochrane and Hume certainly filled up " the two principal blanks ; with respect to the other blank, it is more " difficult, but neither is it very material." Accordingly, the blanks in the text, and in the preceding note, may be filled up thus, " (Cochrane" s) friends were our greatest enemies," kc. " and indeed " Hume and Cochrane were the greatest cause of our rout," kc. £ OF JAMES THE SECOND. ' 209 in which this request is worded, shews, that the chapter paper he was writing was intended for a letter, and — as it is Supposed, to a Mrs. Smith, who seems to have assisted him with money; but whether or not, this lady was the rich widow of Amsterdam, before alluded to, I have not been able to learn. When he is told that he is to be put to the torture, Threatened he neither breaks out into any high-sounding bra- ^' vado, any premature vaunts of the resolution with which he will endure it, nor, on the other hand, into passionate exclamations on the cruelty of his ene- mies, or unmanly lamentations of his fate. After stating that orders were arrived, that he must be tortured, unless he answers all questions upon oath, he simply adds, that he hopes God will support him; and then leaves off writing, not from any want of spirits to proceed, but to enjoy the consolation which was yet left him, in the society of his wife, the Countess being just then admitted. Of his interview withQiieensberry, who examined Hisexami- him in private, little is known, except that he de- Qu'eensberry. nied his design having been concerted with any persons in Scotland ; that he gave no information with respect to his associates in England; and that he boldly and frankly averred his hopes to have been founded on the cruelty of the administration, and E e 2ilO HISTORY OF THE REIGN CHAPTER such a disposition in the people to revolt, as he con- '. — ceived to be the natural consequence of oppression . He owned at the same time, that he had trusted too much to this principle.* The precise date of this conversation, whether it took place before the threat of the torture, whilst that threat was impending, or when there was no longer any intention of putting it into execution, I have not been able to ascertain; but the probability seems to be, that it was during the first or second of these periods. Considers his Notwithstanding the ill success that had attended enterprize as , ^ lawful. his enterprize, he never expresses, or even hints the smallest degree of contrition for having under- taken it : on the contrary, when Mr. Charteris, an eminent divine, is permitted to wait on him, his first caution to that minister is, not to try to convince him of the unlawfulness of his attempt, concerning which his opinion was settled, and his mind made up.+ Of some parts of his past conduct he does indeed confess that he repents, but these are the complian- ces of which he had been guilty in support of the King, or his predecessors. Possibly in this he may allude to his having in his youth borne arms against the Covenant, but with more likelihood to his con- currence, in the late reign, with some of the mea- * Burnet, II. 315. + Burnet- OF JAMES THE SECOND. 211 sures of Lauderdale's administration, for whom it is chapter certain that he entertained a great regard, and to whom he conceived himself to be principally indebted for his escape from his first sentence. Friendship and gratitude might have carried him to lengths which patriotism and justice must condemn. Religious concerns, in which he seems to have Hisdeport- 1 . 1 1 r 1 • mentbn the been very serious and smcere, engaged much of his day of his . , . ... execution. thoughts; but his religion was of that genuine kind, which by representing the performance of our duties to our neighbour, as the most acceptable service to God, strengthens all the charities of social life. While he anticipates, with a hope approaching to certainty, a happy futurity, he does not forget those who have been justly dear to him in this world. He writes, on the day of his execution, to his wife, and to some other relations, for whom he seems to have entertained a sort of parental tenderness, short but the most affectionate letters, wherein he gives them the greatest satisfaction then in his power, by assur- ing them of his composure and tranquillity of mind, and refers them for further consolations to those sources from which he derived his own. In his letter to Mrs. Smith, written on the same day, he says, " While any thing was a burden to me, your *' concern was ; which is a cross greater than I can 212: HISTORY OF THE REIGN III. 1685. CHAPTER " express," (alluding probably to the pecuniary loss she had incurred,) " but I have, I thank God, over- " come all."* Her name, he adds, could not be con- cealed, and that he knows not what may have been discovered from any paper which may have been taken ; otherwise he has named none to their disad- vantage. He states that those in whose hands he is, had at first used him hardly, but that God had melted their hearts, and that he Was now treated with civi- lity. As an instance of this, he mentions the liberty he had obtained of sending this letter to her; a li- berty which he takes as a kindness on their part, and which he had sought that she might not think he had forgotten her. Never perhaps did a few sentences present so striking a picture of a mind truly virtuous and ho- nourable. Heroick courage is the least part of his praise, and vanishes as it were from our sight, when we contemplate the sensibility with which he ac- knowledges the kindness, such as it is, of the very men who are leading him to the scaffold ; the gene- rous satisfaction which he feels on reflecting that no confession of his has endangered his associates ; and above all, his anxiety, in such moments, to per- form all the duties of friendship and gratitude, not * Woodrow, II. 541, 542. OF JAMES THE SECOND. 213 only with the most scrupulous exactness, but with chapter the most considerate attention to the feelings as well as to the interests of the person who was the object of them. Indeed, it seems throughout, to have been the peculiar felicity of this man's mind, that every thing was present to it that ought to be so ; nothing that ought not. Of his country he could not be unmindful; and it was one among other consequences of his happy temper, that on this subject he did not entertain those gloomy ideas, which the then state of Scotland was but too well fitted to inspire. In a conversation with an intimate friend, he says, that though he does not take upon him to be a prophet, he doubts not but that deliverance will come, and suddenly, of which his failings had rendered him unworthy to be the instrument. In some verses which he composed on the night preceding his exe- cution, and which he intended for his epitaph, he thus expresses this hope still more distinctly: " On my attempt though Providence did frown, *' His oppressed people God at length shall own ; " Another hand, by more successful speed, " Shall raise the remnant, bruise the serpent's head." With respect to the epitaph itself, of which these lines form a part, it is probable that he composed it chiefly with a view to amuse and relieve his mind, 5U HISTORY OF THE REIGN CHAPTER fatiffued with exertion; and partly, perhaps, in imita- III. ' tion of the famous Marquis of Montrose, who, in ^^^^' similar circumstances, had written some verses which have been much celebrated. The poetical merit of the pieces appears to be nearly equal, and is not in either instance considerable, and they are only in so far valuable, as they may serve to convey to us some image of the minds by which they were pro- duced. He who reads them with this view, will perhaps be of opinion, that the spirit manifested in the two compositions, is rather equal in degree, than like in character; that the courage of Montrose was more turbulent, that of Argyle more calm and sedate. If on the one hand it is to be regretted, that we have not more memorials left of passages so interesting, and that even of those which we do possess, a great part is obscured by time; it must be confessed, on the other, that we have quite enougli to enable us to pronounce, that for constancy and equanimity under the severest trials, few men have equalled, none ever surpassed, the Earl of Argyle. The most powerful of all tempters, hope, was not held out to him, so that he had not, it is true, in addition to his other hard tasks, that of resisting her seductive influence ; but the passions of a different class had the fullest scope for their attacks. These, OF JAMES THE SECONa 515 however, could make no impression on his well- chapter 1685. disciplined mind. Anger could not exasperate, fear could not appall him ; and if disappointment and in- dignation at the misbehaviour of his followers, and the supineness of the country, did occasionally, as sure they must, cause uneasy sensations, they had not the power to extort from him one unbecoming, or even querulous expression. Let him be weighed never so scrupulously, and in the nicest scales, he will not be found, in a single instance, wanting in the charity of a Christian, the firmness and benevo- lence of a patriot, the integrity and fidelity of a man of honour. The Scotch Parliament had, on the eleventh of AnAddr^s June, sent an Address to the Kins, wherein, after scotch Par- ^ liament praising his Majesty as usual for his extraordinary against him. prudence, courage, and conduct, and loading Argyle, whom they style an hereditary traitor, with every reproach they can devise, among others, that of in- gratitude for the favours which he had received, as well from his Majesty, as from his predecessor, they implore his Majesty that the Earl may find no favour; and that the Earl's family, the heritors, ring-leaders, and preachers who joined him, should be for ever declared incapable of mercy, or bearing any honour or estate in the kingdom; and all subjects discharged 1685. 216 HISTORY OF THE REIGN CHAPTER under the highest pains to intercede for them in any manner of way. Never was address more gra- ciously received, or more readily complied with; and accordingly, the following letter with the royal sig- nature, and countersigned by Lord Melford, Secretary of State for Scotland, was dispatched to the council at Edinburgh, and by them entered and registered on the twenty-ninth of June. The warrant " Whereas, the late Earl of Argyle is, by the- for his exe- . r r~\ i n m • cution. " providence of God, fallen into our power, it is " our will and pleasure that you take all ways to *' know from him those things which concern our ** government most, as his assisters with men, arms, '* and money; his associates and correspondents; " his designs, &:c. But this must be done, so as no " time may be lost in bringing him to condign *' punishment, by causing him to be demeaned " as a traitor, within the space of three days after " this shall come to your hands; an account of " which, with what he shall confess, you shall send " immediately to us or our Secretaries; for doing " which, this shall be your warrant."^ When it is recollected that torture had been in common use in Scotland, and that the persons to * Woodrow, II. 539- OF JAMES THE SECOND. 2i1 whom the letter was addressed, had often caused it chapter HI. to be inflicted, the words ** It is our will and pleasure " that you take all ways," seem to convey a positive command for applying of it in this instance ; yet it is certain that Argyle was not tortured. What was the cause of this seeming disregard of the royal injunctions, does not appear. One would hope, for the honour of human nature, that James, struck with some compunction for the injuries he had already heaped upon the head of this unfortunate nobleman, sent some private orders contradictory to this publick letter; but there is no trace to be dis- covered of such a circumstance. The managers themselves might feel a sympathy for a man of their own rank, which had no influence in the cases where only persons of an inferior station were to be the sufferers ; and in those words of the King's letter, which enjoin a speedy punishment, as the primary object to which all others must give way, they might find a pretext for overlooking the most odious part of the order, and of indulging their humanity, such as it was, by appointing the earliest day possible for the execution. In order that the triumph of injustice might be complete, it was determined, that without any new trial, the Earl should suffer upon the iniquitous sentence of sixteen F f l685. ^18 HISTORY OF THE REIGN CHAPTER hundred and eighty-two. Accordingly, the very '. — next day ensuing was appointed, and on the thirtieth of June he was brought from the Castle, first to the Laigh Council-house, and thence to the place of execution. An incident Beforc he left the Castle he had his dinner at the before his execution, usual hour, at which he discoursed, not only calmly, but even cheerfully with Mr. Charteris and others. After dinner he retired, as was his custom, to his bed-chamber, where, it is recorded, that he slept quietly for about a quarter of an hour. While he was in his bed, one of the members of the council came and intimated to the attendants a desire to speak with him : upon being told that the Earl was asleep, and had left orders not to be disturbed, the manager disbelieved the account, which he consi- dered as a device to avoid further questionings. To satisfy him, the door of the bed-chamber was half opened, and he then beheld, enjoying a sweet and tranquil slumber, the man, who by the doom of him and his fellows, was to die within the space of two short hours! Struck with this sight, he hurried out of the room, quitted the Castle with the utmost pre- cipitation, and hid himself in the lodgings of an acquaintance who lived near, where he flung himself upon the first bed that presented itself, and had every OF JAMES THE SECOND. 219 appearance of a man suffering the most excruciating chapter torture. His friend, who had been apprized by the servant of the state he was in, and who naturally concluded that he was ill, offered him some wine. He refused, saying, *' No, no, that will not help me; " I have been in at Argyle, and saw him sleeping as ** pleasantly as ever man did, within an hour of eter- •' nity. But as for me ."* The name of the person to whom this anecdote relates, is not mentioned, and the truth of it may therefore be fairly considered as liable to that degree of doubt, with which men of judgment receive every species of traditional history. Woodrow, however, whose veracity is above sus- picion, says he had it from the most unquestionable authority. It is not in itself unlikely; and who is there that would not wish it true ? What a satisfac- tory spectacle to a philosophical mind» to see the oppressor, in the zenith of his power, envying his victim ! What an acknowledgment of the superiority of virtue ! what an affecting, and forcible testimony to the value of that peace of mind, which innocence alone can confer ! We know not who this man was ; but when we reflect, that the guilt which agonized him was probably incurred for the sake of some vain title, or at least of some increase of wealth, which ' * Woodrow, II. 541. 520 HISTORY OF THE REIGN CHAPTER he did not want, and possibly knew not how to enjoy, our disgust is turned into something like compassion for that very foolish class of men, whom the world calls wise in their generation. His behavi- Soou after his short repose Argyle was brought, scaffold. according to order, to the Laigh Council-house, from which place is dated the letter to his wife, and thence to the place of execution. On the scaflFold he had some discourse, as well with Mr. Annand, a minister appointed by Government to attend him, as with Mr. Gharteris. He desired both of them to . pray for him, and prayed himself with much fer- vency and devotion. The speech which he made to the people was such as might be expected from the passages already related. The same mixture of firmness and mildness is conspicuous in every part of it. " We ought not," says he, " to despise our " afflictions, nor to faint under them. We must not " suffer ourselves to be exasperated against the in- " struments of our troubles, nor by fraudulent, nor " pusillanimous compliances, bring guilt upon our- '* selves; faint hearts are ordinarily false hearts, " choosing sin, rather than suffering." He offers his prayers to God for the three kingdoms of Eng- land, Scotland, and Ireland, and that an end may be put to their present trials. Having then asked ■ ILB- Kll'm" OF JAMES THE SECOND. 2n pardon for his own failings, both of God and man, chapter he would have concluded ; but being reminded that he had said nothing of the Royal Family, he adds that he refers, in this matter, to what he had said at his trial concerning the Test ; that he prayed there never might be wanting one of the Royal Family to support the Protestant Religion ; and if any of them had swerved from the true faith, he prayed God to turn their hearts, but at any rate to save his people from their machinations. When he had ended, he turned to the south side of the scaffold, and said, " Gentlemen, I pray you do not miscon- " struct my behaviour this day: I freely forgive all " men their wrongs and injuries done against me, as '* I desire to be forgiven of God." Mr. Annand re- peated these words louder to the people. The Earl then went to the north side of the scaffold, and used the same or the like expressions. Mr. Annand re- peated them again, and said, " This nobleman dies a " Protestant." The Earl stept forward again, and said, " I die not only a Protestant, but with a heart-hatred " of Popery, prelacy, and all superstition whatsom- " ever."'" It would perhaps have been better if these last expressions had never been uttered, as there appears certainly something of violence in them * Woodrow, 543, 545. tion. 22,2, HISTORY OF THE REIGN CHAPTER unsuitable to the general tenour of his language; but '. — it must be remembered, first, that the opinion that the Pope is Antichrist was at that time general among almost all the zealous Protestants in these kingdoms; secondly, that Annand, being employed by Government, and probably an Episcopalian, the Earl might apprehend that the declaration of such a minister, might not convey the precise idea, which he, Argyle, affixed to the word Protestant. Hisexecu- Hc then embraced his friends, gave some tokens of remembrance to his son-in-law, Lord Maitland, for his daughter and grand-children, stript himself of part of his apparel, of which he likewise made presents, and laid his head upon the block. Having uttered a short prayer, he gave the signal to the executioner, which was instantly obeyed, and his head severed from his body.* Such were the last hours, and such the final close, of this great man's life. May the like happy serenity in such dreadful circumstances, and a death equally glorious, be the lot of all, whom tyranny, of whatever denomination or description, shall in any age, or in any country, call to expiate their virtues on the scaffold ! Fate of his Of the foUowcrs of Argyle, in the disastrous ex- pedition above recounted, the fortunes were various. * Woodrow, 543, 545- followers. OF JAMES THE SECON©. ^^3 Among those who either surrendered or were taken, chaJ'ter some suffered the same fate with their commander, — l685. Others were pardoned; while, on the other hand, of those who escaped to foreign parts, many after a short exile returned triumphantly to their country at the period of the Revolution, and under a system congenial to their principles, some even attained the highest honours and dignities of the state. It is to be recollected, that when, after the disastrous night-march from Killerne, a separation took place at Kilpatrick between Argyle and his confederates. Sir John Cochrane, Sir Patrick Hume, and others, crossed the Clyde into Renfrewshire, with about, it is supposed, two hundred men. Upon their landing, they met with some opposition from a troop of militia horse, which was however feeble and in- effectual; but fresh parties of militia, as well as regular troops drawing together, a sort of scuffle ensued, near a place called Muirdyke ; an offer of quarter was made by the King's troops, but (probably on account of the conditions annexed to it,) was refused; and Cochrane and the rest, now reduced to the number of seventy, took shelter in a fold-dyke, where they were able to resist and repel, though not without loss on each side, the attack of the enemy. Their situation was nevertheless still desperate, and ^24 HISTORY OF THE REIGN CHAPTER in the night they determined to make their escape. '■ — The King's troops having retired, this was effected without difficuky; and this remnant of an army being dispersed by common consent, every man sought his own safety in the best manner he could. Sir Cochrane be- John Cochrane took refuge in the house of an uncle, trayed, and .... pardoned, by whom, Or by whose wife it is said, he was be- trayed. He was however pardoned ; and from this circumstance, coupled with the constant and seem- ingly peevish opposition which he gave to almost all Argyle's plans, a suspicion has arisen, that he had been treacherous throughout. But the account given of his pardon by Burnet, who says his father, Lord Dundonald, who was an opulent nobleman, pur- chased it with a considerable sum of money,* is more credible, as well as more candid; and it must be remembered, that in Sir John's disputes with his general, he was almost always acting in conjunction with Sir Patrick Hume, who is proved, by the sub- sequent events, and indeed by the whole tenour of his life and conduct, to have been uniformly sincere and zealous in the cause of his country. Cochrane was sent to England, where he had an interview with the King, and gave such answers to the ques- tions put to him, as were deemed satisfactory by his * Burnet, II. 316. OF JAMES THE SECOND. %2i Majesty; and the information thus obtained, whatever chapter might be the real and secret causes, furnished a plausible pretence at least for the exercise of royal mercy. Sir Patrick Hume, after having concealed Humeand himself some time in the house, and under the pro- escaped to ^ Holland. tection, of Lady Eleanor Dunbar, sister to the Earl of Eglington, found means to escape to Holland, w^hence he returned in better times, and was created first Lord Hume of Polwarth, and afterward Earl of Marchmont. FuUarton, and Campbell of Auchin- break, appear to have escaped, but by what means is not known. Two sons of Argyle, John and Charles, and Archibald Campbell, his nephew, were sentenced to death and forfeiture, but the capital part of the sen- tence was remitted. Thomas Archer, a clergyman, Archer executed* who had been wounded at Muirdyke, was executed, notwithstanding many applications in his favour, among which was one from Lord Drumlanrig, Queensberry's eldest son. Woodrow, who was himself a Presbyterian minister, and though a most valuable and correct historian, was not without a tincture of the prejudices belonging to his order, attributes the unrelenting spirit of the Government in this instance, to their malice against the clergy of his sect. Some of the holy ministry, he observes, as Guthrie at the Restoration, Kidd and Mackail after %%^ HISTORY OF THE REIGN CHAPTER the insurrectrons at Pentland and Both well-bridge, III. . ^ and now Archer, were upon every occasion to be sacrificed to the fury of the persecutors." But to him who is well acquainted with the history of this period, the habitual cruelty of the Government will fully account for any particular act of severity; and it is only in cases of lenity, such as that of Cochrane, for instance, that he will look for some hidden or special motive. Ayioffeexe- Ayloffe, having in vain attempted to kill himself, land. was, like Cochrane, sent to London to be examined. His relationship to the King's first wife might per- haps be one inducement to this measure, or it might be thought more expedient that he should be executed for the Rye-house plot, the credit of which it was a favourite object of the Court to uphold, than for his recent acts of rebellion in Scotland. Upon his examination he refused to give any information, and suffered death upon a sentence of outlawry, which had passed in the former reign. It is recorded, that James interrogated him personally, and finding him sullen, and unwilling to speak, said, " Mr. Ayloffe, " you know it is in my power to pardon you, there- " fore say that which may deserve it;" to which Ayloffe replied, " Though it is in your power, it is •' not in your nature to pardon." This, however, * Woodrow, 553. OF JAMES THE SECOND. W is one of those anecdotes, which is believed rather chapter on account of the air of nature that belongs to them, than upon any very good traditional authority, and which ought, therefore, when any very material in- ference, with respect either to fact or character, is to be drawn from them, to be received with great caution. Rumbold, covered with wounds, and defending Rumboid. himself with imcommon exertions of strength and courage, was at last taken. However desirable it might have been thought, to execute in England a man so deeply implicated in the Rye-house plot, the state of Rumbold's health made such a project impracticable. Had it been attempted, he would probably, by a natural death, have disappointed the views of a government who were eager to see brought to the block, a man whom they thought, or pretended to think, guilty of having projected the assassination of the late and present King. Weakened as he was in body, his mind was firm, his constancy unshaken; and notwithstanding some endeavours that were made by drums, and other instruments, to drown his voice when he was addressing the people from the scaffold, enough has been preserved of what he then uttered, to satisfy us, that his personal courage, the praise of which has not been denied %%^ HISTORY OF THE REIGN CHAPTER him, was not of the vulgar or constitutional kind, III. . . '. — but was accompanied with a proportionable vigour of mind. Upon hearing his sentence, whether in imitation of Montrose, or from that congeniality of character, which causes men in similar circumstances to conceive similar sentiments, he expressed the same wish which that gallant nobleman had done ; he wished he had a limb for every town in Christen- His denial of dom. With rcspcct to the intended assassination the assassina- tionpiot, imputed to him, he protested his innocence, and desired to be believed upon the faith of a dying man ; adding, in terms as natural as they are forcibly descriptive of a conscious dignity of character, that he was too well known, for any to have had the imprudence to make such a proposition to him. He concluded with plain, and apparently sincere, delarations of his undiminished attachment to the principles of liberty, civil and religious ; denied that he was an enemy to monarchy, affirming, on the con- trary, that he considered it, when properly limited, as the most eligible form of government ; but tliat he never could believe that any man was born marked by God above another, " for none comes into the " world with a saddle on his back, neither any *' hooted and spurred to ride him."* ♦Ralph, I. 872. OF JAMES THE SECOND. %%^ Except by Ralph, who, with a warmth that does chapter honour to his feelings, expatiates at some length l685. upon the subject, the circumstances attending; the overlooked ^ '^ ^ .by historians. death of this extraordinary man have been little noticed. Rapin, Echard, Kennet, Hume, make no mention of them whatever; and yet, exclu- sively of the interest always excited by any great display of spirit and magnanimity, his solemn de- nial of the project of assassination imputed to him in the affair of the Rye-house plot, is in itself a fact of great importance, and one which might have been expected to attract, in no small degree, the attention of the historian. That Hume, who has taken some pains in canvassing the degree of credit due to the different parts of the Rye-house plot, should pass it over in silence, is the more ex- traordinary, because, in the case of the Popish plot, he lays, and justly lays, the greatest stress upon the dying declarations of the sufferers. Burnet adverts, as well to the peculiar language used by Rumbold, as to his denial of the assassination ; but having before given us to understand, that he believed that no such crime had been projected, it is the less to be wondered at, that he does not much dwell upon this further evidence in favour of his former opi- nion. Sir John Dalrymple, upon the authority of S^30 HISTORY OF THE REIGN CHAPTER a paper which he does not produce, but from which '. — he quotes enough to show, that if produced it would not answer his purpose, takes Rumbold's guilt for a decided fact, and then states his dying protestations of his innocence, as an instance of aggravated wick- edness.* It is to be remarked too, that although Sir John is pleased roundly to assert, that Rumbold de- nied the share he had had in the Rye-house plot, yet the particular words which he cites neither contain, nor express, nor imply any such denial. He has not even selected those, by which the design of assassination was denied, (the only denial that was uttered,) but refers to a general declaration made by Rumbold, that he had done injustice to no man ; a declaration which was by no means inconsistent with his having been a party to a plot, which he, no doubt, considered as justifiable, and even merito- rious. This is not all: the paper referred to is addressed to Walcot, by whom Rumbold states himself to have been led on ; and Walcot, with his last breath, denied his own participation in any design to murder either Charles or James. Thus, therefore, wdiether the declaration of the sufferer be interpreted in a general, or in a particular sense, there is no contradiction whatever between it and * Dairy mple's Memoirs, I. 141. OF JAMES THE SECOND. 2S1 the paper adduced ; but thus it is, that the character chapter of a brave, and, as far as appears, a virtuous man, is most unjustly and cruelly traduced. An incredible confusion of head, and an uncommon want of rea- soning powers, which distinguish the author to whom I refer, are, I should charitably hope, the true sources of his misrepresentation ; while others may probably impute it to his desire of blackening, upon any pretence, a person whose name is more or less connected with those of Sidney and Russel. It ought not, perhaps, to pass without observation, that this attack upon Rumbold is introduced only in an oblique manner: the rigour of government des- troyed, says the historian, the morals it intended to correct, and made the unhappy sufferer add to his former crimes, the atrocity of declaring a falsehood in his last moments. Now, what particular instances of rigour are here alluded to, it is difficult to guess: for surely the execution of a man whom he sets down as guilty of a design to murder the two royal brothers, could not, even in the judgment of per- sons much less accustomed than Sir John to palliate the crimes of princes, be looked upon as an act of blameable severity ; but it was thought, perhaps, that for the purpose of conveying a calumny upon the persons concerned, or accused of being concerned, 532 HISTORY OF THE REIGN CHAPTER in the Rye-house plot, an affected censure upon — — — the government would be the fittest vehicle. Hisdeciara- The fact itself, that Rumbold did, in his last tion exami- ned, hours, solemnly deny the having been concerned in any project for assassinating the King or Duke, has not, I believe, been questioned/' It is not invali- dated by the silence of some historians : it is con- firmed by the mis-representation of others. The first question that naturally presents itself, must be, was this declaration true? The asseverations of dying men have always had, and will always have, great influence upon the minds of those who do not push their ill opinion of mankind to the most outrageous and unwarrantable length ; but though the weight of such asseverations be in all cases great, it will not be in all equal. It is mate- rial therefore to consider, first, what are the circum- stances which may tend in particular cases to dimi- nish their credit ; and next, how far such circum- stances appear to have existed in the case before us. The case where this species of evidence would be the least convincing, would be where hope of pardon is entertained; for then the man is not a dying man in the sense of the proposition, for he * It is confirmed, beyond contradiction, by Lord Fountainhall's account of his trial and execution. Vide Appendix. E. OF JAMES THE SECOND. 233 has not that certainty that his falsehood will not chapter . . . > ifi. avail him, which is the principal foundation of the — . credit due to his assertions. For the same reason, though in a less degree, he who hopes for favour to his children, or to other surviving connections, is to be listened to with some caution ; for the existence of one virtue, does not necessarily prove that of another, and he who loves his children and friends may yet be profligate and unprincipled, or, deceiv- ing himself, may think, that while his ends are lau- dable, he ought not to hesitate concerning the means. Beside these more obvious temptations to prevarica- tion, there is another, which, though it may lie some- what deeper, yet experience teaches us to be rooted in human nature: I mean that sort of obstinacy, or false shame, which makes men so unwilling to re- tract what they have once advanced, whether in mat- ter of opinion, or of fact. The general character of the man is also in this, as in all other human tes- timony, a circumstance of the greatest moment. Where none of the above mentioned objections oc- cur, and where, therefore, the weight of evidence in question is confessedly considerable, yet is it still liable to be balanced or outweighed by evidence tti the opposite scale. LetRumbold's declaration then, be examined upon H h 534 HISTORY OF THE REIGN CHAPTER these principles, and we shall find that it has every character of truth, without a single circumstance to III. 1685. His testi-' discredit it. He was so far from entertaining any hope mony appa- riiii«i O/I^ rentiytrue. of pardon, that he did not seem even to wish it; and indeed, if he had had any such chimerical object in view, he must have known, that to have supplied the Government with a proof of the Rye-house Assas- sination plot, would be a more likely road at least, than a steady denial, to obtain it. He left none be- hind him, for whom to entreat favour, or whose welfare or honour were at all affected by any con- fession or declaration he might make. If, in a pros- pective view, he was without temptation, so neither if he looked back, was he fettered by any former declaration; so that he could not be influenced by that erroneous notion of consistency, to which, it may be feared, that truth, even in the most awful moments, has in some cases been sacrificed. His timely escape, in sixteen hundred and eighty-three, had saved him from the necessity of making any protestation upon the subject of his innocence at that time; and the words of the letter to Walcot are so far from containing such a protestation, that they are quoted, (very absurdly, it is true,) by Sir John Dalrymple, as an avowal of guilt. If his testimony is free from these particular objections, much less is 1685. OF JAMES THE SECOND. 2,35 it impeached by his general character, which was chapter that of a bold and daring man, who was very un- likely to feel shame in avowing what he had not been ashamed to commit, and who seems to have taken a delight in speaking bold truths, or at least what appeared to him to be such, without regard- ing the manner in which his hearers were likely to receive them. With respect to the last considera- tion, that of the opposite evidence, it all depends upon the veracity of men, who, according to their own account, betrayed their comrades, and were actuated by the hope either of pardon or reward. It appears to be of the more consequence to clear importance 1 ' 1 T 1 1 1 1 r . . ofthefact. up this matter, because, ii we should be or opinion, as I think we all must be, that the story of the in- tended assassination of the King, in his way from Newmarket, is as fabulous as that of the silver bullets by which he was to have been shot at Windsor, a most singular train of reflections will force itself upon our minds, as well in regard to the character of the times, as to the means by which the two causes gained successively the advantage over each other. The Royalists had found it impossible to dis- credit the fiction, gross as it was, of the Popish plot; nor could they prevent it from being a powerful engine in the hands of the Whigs, who, during the %SQ HISTORY OF THE RElGiN CHAPTER alarm raised by it, gained an irresistible superiority '• — in the House of Commons, in the city of London, and in most parts of the kingdom. But they who could not quiet a false alarm raised by their adver- saries, found little or no difficulty in raising one equally false in their own favour, by the supposed detection of the intended assassination. With regard to the advantages derived to the respective parties from those detestable fictions, if it be urged, on one hand, that the panick spread by the Whigs was more universal, and more violent in its effects, it must be allowed, on the other, that the advantages gained by the Tories were, on account of their alliance with the Crown, more durable and decisive. There is a su- perior solidity ever belonging to the power of the Crown, as compared with that of any body of men or party, or even with either of the other branches of the legislature. A party has influence, but, pro- perly speaking, no power. The Houses of Parlia- ment have abundance of power, but, as bodies, little or no influence. The Crown has both power and influence, which, when exerted with wisdom and steadiness, will always be found too strong for any opposition whatever, till the zeal and fidelity of party attachments shall be found to increase in proportion to the increased influence of the executive power. invasion. OF JAMES THE SECOND. 537 While these matters were transacting; in Scotland, chapter . Ill- Monmouth, conformably to his promise to Argyle, set sail from Holland, and landed at Lyme in Dor- Monmouth's setshire on the eleventh of June. He was attended by Lord Grey of Wark, Fletcher of Salton, Colonel Matthews, Ferguson, and a few other gentlemen. His reception was, among the lower ranks, cordial, and for some days, at least, if not weeks, there seemed to have been more foundation for the sanguine hopes of Lord Grey, and others, his followers, than the Duke had supposed. The first step taken by the invader, was to issue a proclamation, which he caused to be read in the market-place. In this instrument he touched upon what were, no doubt, thought to be the most popular topicks; and loaded James, and his Catholick friends, with every imputation which had at any time been thrown against them. This decla- ration appears to have been well received, and the numbers that came in to him were very consider- able; but his means of arming them were limited, nor had he much confidence, for the purpose of any important military operation, in men unused to dis- cipline, and wholly unacquainted with the art of war. Without examining the question, whether or not Monmouth, from his professional prejudices^ carried, as some have alledged he did, his diffidence 2,38 HISTORY OF THE REIGiN CHAPTER of unpractised soldiers, and new levies, too far, it seems clear that, in his situation, the best, or rather 1685. the only chance of success, was to be looked for in counsels of the boldest kind. If he could not imme- diately strike some important stroke, it was not likely that he ever should; nor indeed was he in a condition to wait. He could not flatter himself, as Argyle had done, that he had a strong country, full of relations and dependants, where he might secure himself till the co-operation of his confederate, or some other favourable circumstance, might put it in his power to act more efficaciously. Of any brilliant success in Scotland he could not, at this time, entertain any hope, nor if he had, could he rationally expect that any events in that quarter would make the sort of impression here, which, on the other hand, his suc- cess would produce in Scotland. With money he was wholly unprovided ; nor does it appear, whatever may have been the inclination of some considerable men, such as Lords Macclesfield, Brandon, Delamere, and others, that any persons of that description were engaged to join in his enterprise. His reception had been above his hopes, and his recruits more nume- rous than could be expected, or than he was able to furnish with arms; while, on the other hand, the forces in arms against him consisted chiefly in a OF JAMES THE SECOND. 539 militia, formidable neither from numbers nor dis- chapter III. cipline, and moreover suspected of disaffection. The present moment therefore, seemed to offer the most favourable opportunity for enterprise of any that was like to occur ; but the unfortunate Monmouth judged otherwise, and, as if he were to defend rather than to attack, directed his chief policy to the avoid- ing of a general action. It being however absolutely necessary to dislodge His success . 11^^ Bridport. some troops which the Earl of Faversham had thrown into Bridport, a detachment of three hundred men was made for that purpose, which had the most complete success, notwithstanding the cowardice of Lord Grey, who commanded them. This nobleman, who had been so instrumental in persuading his friend to the invasion, upon the first appearance of danger, is said to have left the troops whom he com- manded, and to have sought his own personal safety in flight. The troops carried Bridport, to the shame of the commander who had deserted them and re- turned to Lyme. It is related by Ferguson, that Monmouth said to Matthews, " What shall I do with Lord Grey?" to which the other answered, " That he was the only " general in Europe who would ask such a ques- " tion;" intending, no doubt, to reproach the Duke 24a HISTORY OF THE REIGN CHAPTER with the excess to which he pushed hischaracteristick III. . virtues of mildness and forbearance. That these virtues formed a part of his character, is most true, and the personal friendship in which he had lived with Grey, would incline him still more to (he exercise of them upon this occasion; but it is to be remembered also, that the delinquent was, in respect of rank, property, and perhaps too of talent, by far the most considerable man he had with him ; and therefore, that prudential motives might concur, to deter a General from proceeding to violent measures with such a person, especially in a civil war, where the discipline of an armed party cannot be conducted upon the same system as that of a regular army serving in a foreign war. Monmouth's disappoint- ment in Lord Grey was aggravated by the loss of Fletcher of Salton, who, in a sort of scuffle that ensued, upon his being reproached for having seized a horse belonging to a man of the country, had the misfortune to kill the owner. Monmouth, however unwilling, thought himself obliged to dismiss him; and thus, while a fatal concurrence of circumstances forced him to part with the man he esteemed, and to retain him whom he despised, he found himself at once disappointed of the support of the two persons upon whom he had most relied. OF JAMES THE SECOND. ^41 On the fifteenth of June, his army being now chapter increased to near three thousand men, the Duke '. — marched from Lyme. He does not appear to have Hissubfe- , , . . , . . P . quent pro- taken this step with a view to any enterprise ot im- gress. portance, but rather to avoid the danger which he apprehended from the motions of the Devonshire and Somerset militias, whose object it seemed to be to shut him up in Lyme. In his first day's march, he had opportunities of engaging, or rather of pur- suing each of those bodies, who severally retreated fromhis forces ; but conceiving it to be his business, as he said, not to fight but to march on, he went through Axminster, and encamped in a strong piece of ground between that town and Chard in Somer- setshire, to which place he proceeded on the ensu- ing day. According to Wade's narrative, which appears to afford by far the most authentic account of these transactions, here it was that the first pro- position was made for proclaiming Monmouth King^ Ferguson made the proposal, and was supported by Lord Grey, but it was easili/ run down, as Wade ex- presses it, bi/ those who were against it^ and whom, therefore, we must suppose to have formed a very considerable majority of the persons deemed of suf- ficient importance to be consulted on such an oc- casion. These circumstances are material, because I i 24Z HISTORY OF THE REIGN CHAPTER if that credit be given to them which they appear '. — to deserve, Ferguson's want of veracity becomes so notorious, that it is hardly worth while to attend to any part of his narrative . Where it only corroborates accounts given by others, it is of little use; and where it differs from them, it deserves no credit. I have therefore wholly disregarded it. His reception From Chard, Monmouth and his party proceeded at Taunton. ^ J *^ to Taunton, a town, where, as well for the tenour of former occurrences, as from the zeal and number of the Protestant Dissenters, who formed a great por- tion of its inhabitants, he had every reason to ex- pect the most favourable reception. His expectations were not disappointed. The inhabitants of the up- per, as well as the lower classes vied with each other in testifying their affection for his person, and their zeal fbr his cause. While the latter rent the air with applauses and acclamations, the former opened their houses to him and to his followers, and furnished his army with necessaries and supplies of every Icind. His way was strewed with flowers: the win- dows were thronged with spectators, all anxious to participate in what the warm feelings of the moment made them deem a triumph. Husbands pointed out to their wives, mothers to their children, the brave and lovely hero, who was destined to be the deliverer of 1685. OF JAMES THE SECOND. 543 his country. The beautiful lines which Dryden chapter makes Achitophel, in his highest strain of flattery, apply to this unfortunate noblemanj were in this instance literally verified : " Thee, Saviour, thee-, the nation's vows confess, " And never satisfied Avith seeing, bless. " Swift unbespoken pomps thy steps proclaim, " And stammering ba:bes are taught to lisp thy name." In the midst of these joyous scenes, twenty-six young maids, of the best families in the town pre- sented him, in the name of their townsmen, with colours wrought by them for the purpose, and with a Bible; upon receiving which he said, that he had taken the field with a design to defend the truth contained in that book, and to seal it with his blood if there was occasion. In such circumstances it is no wonder that his He is joined army increased ; and indeed, exclusive of indivi- families. dual recruits, he was here strengthened by the arri- val of Colonel Bassett with a considerable corps. But in the midst of these prosperous circumstances, some of them of such apparent importance to the success of his enterprize, all of them highly flatter- ing to his feelings, he did not fail to observe that one favourable symptom, (and that too of the most 244 HISTORY OF THE REIGN CHAPTER decisive nature,) was still wanting. None of the '. — considerable families, not a single nobleman, and scarcely any gentleman of rank and consequence in the counties through which he had passed, had declared in his favour. Popular applause is un- doubtedly sweet ; and not only so, it often furnishes most powerful means to the genius that knows how to make use of them. But Monmouth well knew that without the countenance and assistance of a proportion, at least, of the higher ranks in the coun- try, there was, for an undertaking like his, little prospect of success. He could not but have re- marked that the habits and prejudices of the English people ar%, in a great degree, aristocratical ; nor had he before him, nor indeed have we, since his time, had one single example of an insurrection that was successful, unaided by the ancient families and great landed proprietors. He must have felt this the- more, because, in former parts of his political life, he had been accustomed to act with such coadjutors; and it is highly probable, that if Lord Russel had been alive, and could have appeared at the head of one hundred only of his western tenantry, such a reinforcement would have inspired him with more real confidence, than the thousands who individually flocked to his standard. OF JAMES THE SECOND. ^45 But though Russel was no more, there were not chapter wanting, either in the provinces through which the Duke passed, or in other parts of the king;- He declares J 1,1 J 1Ur-l- I, himself King. dom, many noble and wealthy families, who were^ attached to the principles of the Whigs. To ac- count for their neutrality, and, if possible, to per- suade them to a different conduct, was naturally among his principal concerns. Their present cold- ness might be imputed to the indistinctness of his declarations, with respect to what was intended to be the future government. Men zealous for monarchy, might not choose to embark without some certain pledge that their favourite form should be preserved. They would also expect to be satisfied with respect to the person whom their arms, if successful, were to place upon the throne. To promise, therefore, the continuance of a monarchial establishment, and to designate the future monarch, seemed to be ne- cessary for the purpose of acquiring aristocratical support. Whatever might be the intrinsick weight of this argument, it easily made its way with Mon- mouth in his present situation. The aspiring tem- per of mind which is the natural consequence of popular favour and success, produced in him a dis- position to listen to any suggestion which tended to his elevation and aggrandisement; and when he ^4^ HISTORY OF THE REIGN CHAPTER could pcfsuade himself upon reasons specious at '. — least, that the measures which would most gratify his aspiring desires, would be, at the same time, a stroke of the soundest policy, it is not to be won- dered at, that it was immediately and impatiently adopted. Urged therefore, by these mixed motives, he declared himself King, and issued divers procla- mations in the royal style ; assigning to those whose approbation he doubted, the reasons above advert- ed to, and proscribing, and threatening with the punishment due to rebellion, such as should resist his mandates, and adhere to the usurping Duke of York. Dissatisfac- If this measure was in reality taken with views occasions, of poHcy, thosc views were miserably disappointed ; for it does not appear that one proselyte was gained. The threats in the proclamation were received with derision by the King's army, and no other senti- ments were excited by the assumption of the royal title, than those of contempt and indignation. The commonwealthsmen were dissatisfied, of course, with the principle of the measure : the favourers of here- ditary right held it in abhorrence, and considered it as a kind of sacrilegious profanation ; nor even among those who considered monarchy in a more rational light, and as a magistracy instituted for the OF JAMES THE SECOND. H7 good of the people, could it be at all agreeable that chapter such a magistrate should be elected by the army that had thronged to his standard, or by the particular partiality of a provincial town . Monmouth's strength therefore, was by no means increased by his new title, and seemed to be still limited to two descrip- tions of persons; first, those who from thoughtless- ness or desperation, were willing to join in any attempt at innovation ; secondly, such as directing their views to a single point, considered the destruc- tion of James's tyranny as the object which, at all ha- zards, and without regard to consequences, they were bound to pursue. On the other hand, his reputation both for moderation and good faith was considerably impaired, inasmuch, as his present conduct was in direct contradiction to that part of his Declaration, wherein he had promised to leave the future adjust- ment of government, and especially tlie considera- tion of his own claims, to a free and independent parliament. The notion of improving his new levies by Delay at discipline, seems to have taken such possession of Monmouth's mind, that he overlooked the probable, or rather the certain consequences of a delay, by which the enemy would be enabled to bring into the field, forces far better disciplined- and appointed ^48 HISTORY OF THE REIGN CHAPTER than any which, even with the most strenuous and III. successful exertions, he could hope to oppose to them. Upon this principle, and especially as he had not yet fixed upon any definite object of enter- prize, he did not think a stay of a few days at Taunton would be materially, if at all prejudicial to his affairs, and it was not till the twenty-first of June that he proceeded to Bridgewater, where he was received in the most cordial manner. In his march the fol- lowing day from that town to Glastonbury, he was alarmed by a party of the Earl of Oxford's horse ; but all apprehensions of any material interruptions were removed, by an account of the militia having left Wells, and retreated to Bath and Bristol. From Glastonbury he went to Shipton-Mallet, where the Designtoat- projcct of au attaclc upon Bristol was first commu- nicated by the Duke to his oflScers. After some dis- cussion, it was agreed that the attack should be made on the Gloucestershire side of the city, and with that view, to pass the Avon at Kfeynsham- bridge,a few miles from Bath. In their march from Shipton-Mallet, the troops were again harassed in their rear by a party of horse and dragoons, but lodged quietly at night at a village called Pensford. A detachment was sent early the next morning to possess itself of Keynsham, and to repair the bridge, OF JAMES THE SECOND. 549 which might probably be broken down, to prevent chapter a passage. Upon their approach, a troop of the Gloucestershire horse militia immediately abandoned the town in great precipitation, leaving behind them two horses and one man. By break of day, the bridge, which had not been much injured, was re- paired, and before noon Monmouth, having passed it with his whole army, was in full march to Bristol, which he determined to attack the ensuing night. But the weather proving rainy and bad, it was deemed expedient to return to Keynsham, a measure from which he expected to reap a double advantage; to procure dry and commodious quarters for the soldiery, and to lull the enemy, by a movement which bore the semblance of a retreat, into a false and delusive security. The event however did not answer his expectation, for the troops had scarcely taken up their quarters, when they were disturbed by two parties of horse, who entered the town at two several places. An engagement ensued, in which Monmouth lost fourteen men, and a captain of horse, though in the end the Royalists were obliged to retire, leaving three prisoners. From these the Duke had information that the King's army was near at hand, and as they said, about four thousand strong. K k ^50 HISTORY OF THE REIGN CHAPTER This new state of aflFairs seemed to demand new 1 — '. councils. The projected enterprize upon Bristol was Marches'to- laid aside, and the question was, whether to make ihire. by forced marches for Gloucester, in order to pass the Severn at that city, and so to gain the counties of Salop and Chester where he expected to be met by many friends, or to march directly into Wiltshire, where, according to some intelligence received* [" from one Adlam,"] the day before, there was a considerable body of horse, (under whose command does not appear,) ready, by their junction, to aiford him a most important and seasonable support. To the first of these plans, a decisive objection was stated. The distance by Gloucester was so great, that considering the slow marches to which he would be limited, by the daily attacks with which the different small bodies of the enemy's cavalry would not fail to harass his rear, he was in great danger of being overtaken by the King's forces, and might thus be driven to risk all in an engagement upon terms the most disadvantageous. On the con- trary, if joined in Wiltshire by the expected aids, * Reference is made to Adlam's intelligence, page 252. It is clear therefore that Mr. Fox had intended to name him, but as he omitted to do so, the words between the inverted commas, have been inserted by the Editor. OF JAMES THE SECOND. ^5 J he might confidently offer battle to the Royal army; chapter and provided he could bring them to an action before they were strengthened by new reinforcements, there was no unreasonable prospect of success. The latter plan was therefore adopted, and no sooner adopted than put in execution. The army was in motion without delay, and being before Bath on the morning of the twenty-sixth of June, summoned the place, rather (as it should seem,) in sport than in earnest, as there was no hope of its surrender. After this bravado they marched on southward to Philip's- Norton, where they rested ; the horse in the town, and the foot in the field. While Monmouth was making these marches, there insuncciion at Froome were not wanting in many parts of the adjacent suppressed. country, strong symptoms of the attachment of the lower orders of people to his cause, and more espe- cially in those manufacturing towns, where the Pro- testant dissenters were numerous. In Froome, there had been a considerable rising headed by the con- stable, who posted up the Duke's Declaration in the market-place. Many of the inhabitants of the neigh- bouring towns of Westbury and Warminster, came in throngs to the town to join the insurgents; some armed with fire-arms, but more with such rustick weapons as opportunity could supply. Such a force, %b% HISTORY OF THE REIGN CHAPTER if it had joined the main army, or could have been — '. otherwise directed by any leader of judgment and authority, might have proved very serviceable; but in its present state it was a mere rabble, and upon the first appearance of the Earl of Pembroke, who entered the town with a hundred and sixty horse, and forty musqueteers, fell, as might be expected, into total confusion. The rout was complete; all the arms of the insurgents were seized; and the con- stable, after having been compelled to abjure his principles, and confess the enormity of his offence, was committed to prison. Monmouth's This trausaction took place the twenty-fifth, the raent. day before Monmouth's arrival at Philip 's-Norton^ and may have, in a considerable degree, contributed to the disappointment, of which we learn from Wade, that he at this time began bitterly to complain. He was now upon the confines of Wiltshire, and near enough for the bodies of horse, upon whose favour- able intentions so much reliance had been placed, to have effected a junction, if they had been so disposed; but whether that Adlam's intelligence had been originally bad, or that Pemb)roke's proceedings at Froome had intimidated them, no symptom of such an intention could be discovered. A deser- tion took place in his army, which the exaggerated OF JAMES THE SECOND. 253 accounts in the Gazette made to amount to near two chapter thousand men. These dispiriting circumstances, • added to the complete disappointment of the hopes entertained from the assumption of the royal title, produced in him a state of mind but little short of despondency. He complained that all people had deserted him, and is said to have been so dejected, as hardly to have the spirit requisite for giving the necessary orders. From this state of torpor, however, he appears to Attacked at ^ . . PhilipVNor- have been effectually roused, by a brisk attack that «o^- was made upon him on the twenty-seventh, in the morning, by the Royalists, under the command of his half-brother, the Duke of Grafton. That spirited young nobleman, (whose intrepid courage, conspi- cuous upon every occasion, led him in this, and many other instances, to risk a life, which he finally lost* in a better cause,) heading an advanced detach- ment of Lord Faversham's army, who had marched from Bath, with a view to fall on the enemy's rear, * At the siege of Cork in I690. " In this action,'* (the taking of Cork by storm,) " the Duke of Grafton received a shot, of which he " died in a few days. He was the more lamented, as being the person " of all King Charles's children of whom there was the greatest hope; " he was brave, and probably would have become a great man at sea." Burnet, III. 83. He distinguished himself particularly in the action off Beachy- head that same year. Sir J. Dalrymple, II. I31. E. ^54 HISTORY OF THE REIGN CHAPTER marched boldly up a narrow lane leading to the '. — town, and attacked a barricade, which Monmouth had caused to be made across the way, at the entrance of the town. Monmouth was no sooner apprised of this brisk attack, than he ordered a party to go out of the town by a bye-way, who coming on the rear of the grenadiers, while others of his men were engaged with their front, had nearly surrounded them, and taken their commander prisoner, but Grafton forced his way through the enemy. An engagement ensued between the insurgents and the remainder of Faversham's detachment, who had lined TheRoyaiists the hcdges which flanked them. The former were victorious, and after driving the enemy from hedge to hedge, forced them at last into the open field, where they joined the rest of the King's forces^ newly come up. The killed and wounded in these rencounters amounted to about forty on Faversham's side, twenty on Monmouth's; but among the latter there were several officers, and some of note, while the loss of the former, with the exception of two volunteers, Seymour and May, consisted entirely of common soldiers. The Royalists now drew up on an eminence, about five hundred paces from the hedges, while Monmouth having placed of his four field- pieces, OF JAMES THE SECOND. 2,55 two at the mouth of the lane, and two upon a rising chapter ground near it on the right, formed his army along the hedge. From these stations, a firing of artillery was begun on each side, and continued near six hours, but with little or no effect ; Monmouth, ac- cording to Wade, losing but one, and the Royalists, according to the Gazette, not one man, by the whole cannonade. In these circumstances, notwithstanding the recent and convincing experience he now had, of the ability of his raw troops, to face, in certain situations at least, the more regular forces of his enemy, Monmouth was advised by some to retreat ; but, upon a more general consultation, this advice was over-ruled, and it was determined to cut pas- sages through the hedges and to offer battle. But, before this could be effected, the royal army, not willing again to engage among the enclosures, an- noyed in the open field by the rain, which continued to fall very heavily, and disappointed, no doubt, at the little effect of their artillery, began their retreat. The little confidence which Monmouth had in his horse, perhaps the ill opinion he now entertained of their leader, forbad him to think of pursuit, and having staid till a late hour in the field, and leaving large fires burning, he set out on his march in the night, and on the twenty-eighth in the morning S56 HISTORY OF THE REIGN CHAPTER reached Froome, where he put his troops in quarter and rested two days. Relapses into -^^ was here he first. heard certain news of Argyle's espon ency. jiscomfiture. It was in vain to seek for any circum- stance in his affairs that might mitigate the effect of the severe blow inflicted by this intelligence, and he relapsed into the same low spirits as at Philip's- Norton. No diversion, at least no successful diver- sion, had been made in his favour: there was no appearance of the horse, which had been the prin- cipal motive to allure him into that part of the country; and what was worst of all, no desertion from the King's army. It was manifest, said the Duke's more timid advisers, that the affair must ter- minate ill, and the only measure now to be taken, was, that the General with his officers should leave the army to shift for itself, and make severally for the most convenient sea-ports, whence they might possibly get a safe passage to the Continent. To ac- count for Monmouth's entertaining, even for a mo- ment, a thought so unworthy of him, and so incon- sistent with the character for spirit he had ever maintained, a character unimpeached, even by his enemies, we must recollect the unwillingness with which he undertook this fatal expedition ; that his engagement to Argyle, who was now past help, OF JAMES THE SECOND. 557 was perhaps his principal motive for embarking at chapter the time; that it was with great reluctance he had torn himself from the arms of Lady Harriet Went- worth, with whom he had so firmly persuaded him- self that he could be happy in the most obscure re- tirement, that he believed himself weaned from ambition, which had hitherto been the only passion of his mind. It is true, that when he had once yielded to the solicitations of his friends, so far as to under- take a business of such magnitude, it was his duty, (but a duty that required a stronger mind than his to execute,) to discard from his thoughts all the argu- ments that had rendered his compliance reluctant. But it is one of the great distinctions between an ordinary mind and a super iour one, to be able to carry on, without relenting, a plan we have not origi- nally approved, and especially when it appears to have turned out ill. This proposal of disbanding was a step so pusillanimous and dishonourable, that it could not be approved by any council however composed. It was condemned by all except Colonel Venner, and was particularly inveighed against by Lord Grey, who was perhaps desirous of retrieving, by bold words at least, the reputation he had lost at Bridport. It is possible too, that he might be really unconscious of his deficiency in point of personal L I 558 HISTORY OF THE REIGN CHAPTER courage till the moment of danp;er arrived, and even III. . . forgetful of it when it was passed. Monmouth was easily persuaded to give up a plan so uncongenial to his nature, resolved, though with little hope of suc- cess, to remain with his army to take the chance of events, and at the worst to stand or fall with men whose attachment to him had laid him under in- delible obligations. Return to Tliis rcsolutiou being taken, the first plan was to Bridgewater. i atit- • i i • r i - proceed to Warminster, but on the mornmg ot his departure, hearing, on the one hand, that the King's troops were likely to cross his march; and on tlie other, being informed by a Quaker before known to the Duke, that there was a great club army, amount- ing to ten thousand men, ready to join his standard in the marshes to the westward, he altered his in- tention, and returned to Shipton-Mallet, where he rested that night, his army being in good quarters. From Shipton-Mallet he proceeded, on the first of July, to Wells, upon information that there was in that city some carriages belonging to the King's army, and ill guarded. These he found and took, and stayed that night in the town. The following day he marched towards Bridgewater, in search of the great succour he had been taught to expect ; but found, of the promised ten thousand men, only a OF JAMES THE SECOND. ^59 hundred and sixty. The army lay that night in the chapter field, and once again entered Bridgewater on the third of July. That the Duke's men were not yet completely dispirited or out of heart, appears from the circumstance of great numbers of them going from Bridgewater to see their friends at Taunton, and other places in the neighbourhood, and almost all re- turning the next day according to their promise. On the fifth an account was received of the King's army being considerably advanced, and Monmouth's first thought was to retreat from it immediately, and marching by Axbridge and Keynsham to Gloucester, to pursue the plan formerly rejected, of penetrating into the counties of Chester and Salop. His preparations for this march were all made, Battle of when, on the afternoon of the fifth, he learnt, more Jutysth/ accurately than he had before done, the true situation of the Royal army, and from the information now received, he thought it expedient to consult his principal officers, whether it might not be advisable to attempt to surprise the enemy by a night attack upon their quarters. The prevailing opinion was, that if the infantry were not intrenched, the plan was worth the trial ; otherwise not. Scouts were dispatched to ascertain this point, and their report being, that there was no intrenchment, an attack was 1685. i?60 HISTORY OF THE REIGN CHAPTER resolved on. In pursuance of this resolution, at about eleven at night, the whole army was in march, Lord Grey commanding the horse, and Colonel Wade the vanguard of the foot. The Duke's orders were, that the horse should first advance, and push- ing into the enemy's camp, endeavour to prevent their infantry from coming together ; that the can- non should follow the horse, and the foot the cannon, and draw all up in one line, and so finish what the cavalry should have begun, before the King's horse and artillery could be got in order. But it was now discovered that though there were no intrenchments, there was a ditch which served as a drain to the great moor adjacent, of which no mention had been made by the scouts. To this ditch the horse under Lord Grey advanced, and no farther; and whether immediately, as according to some accounts, or after having been considerably harassed by the enemy in their attempts to find a place to pass, according to others, quitted the field. The cavalry being gone, and the principle upon which the attack had been undertaken being that of a surprise, the Duke judged it necessary that the infantry should advance as speedily as possible. Wade, therefore, when he came within forty paces of the ditch, was obHged to halt to put his battalion into that order, which the OF JAMES THE SECOND. 261 extreme rapidity of the march had for the time dis- chapter concerted. His plan was to pass the ditch, reserving '. — his fire ; but while he was arranging his men for that purpose, another battalion, newly come up, began to fire, though at a considerable distance ; a bad example, which it was impossible to prevent the vanguard from following, and it was now no longer in the power of their commander to persuade them to advance. The King's forces, as well horse and artillery as foot, had now full time to assemble. The Duke had no longer cavalry in the field, and though his artillery, which consisted only of three or four iron guns, was well served under the direc- tions of a Dutch gunner, it was by no means equal to that of the Royal army, which, as soon as it was light, began to do great execution. In these circum- stances the unfortunate Monmouth, fearful of being encompassed and made prisoner by the King's ca- valry, who were approaching upon his flank, and urged, as it is reported, to flight by the same person who had stimulated him to his fatal enterprize, quitted the field, accompanied by Lord Grey and some others. The left wing, under the command of Colonel Holmes and Matthews, next gave way; and Wade's men, after having continued for an hour and a half, a distant and ineffectual fire, seeing their left %&Z HISTORY OF THE REIGN CHAPTER discomfited, began a retreat, which soon afterwards "'• became a complete rout. cause^oftbc Thus cndcd the decisive battle of Sedgemore; an attack which seems to have been judiciously con- ceived, and in many parts spiritedly executed. The General was deficient neither in courage or conduct ; and the troops, while they displayed the native bravery of Englishmen, were under as good discipline as could be expected from bodies newly raised. Two circumstances seem to have principally contributed to the loss of the day ; first, the unforeseen difficulty occasioned by the ditch, of which the as- sailants had had no intelligence; and secondly, the cowardice of the commander of the horse. The disco- very of the ditch was the more alarming, because it threw a general doubt upon the information of the spies, and the night being dark they could not ascer- tain that this was the only impediment of the kind which they were to expect. The dispersion of the horse was still more fatal, inasmuch as it deranged the whole order of the plan, by which it had been concerted that their operations were to facilitate the attack to be made by the foot. If Lord Grey had pos- sessed a spirit more suitable to his birth and name, to the illustrious friendship with which he had been honoured, and to the command with which lie OF JAMES THE SECOND. ^63 was intrusted, he would doubtless have persevered • chapter till he found a passage into the enemy's camp, which !^- could have been effected at a ford not far distant : the loss of time occasioned by the ditch might not have been very material, and the most important consequences might have ensued ; but it would surely be rashness to assert, as Hume does, that the army would after all have gained the victory, had not the misconduct of Monmouth and the cowardice of Grey prevented it. This rash judgment is the more to be admired at, as the historian has not pointed out the instance of misconduct to which he refers. The number of Monmouth's men killed is computed by some at two thousand, by others at three hundred ; a disparity, however, which may be easily reconciled, by supposing that the one account takes in those who were killed in battle, while the other comprehends the wretched fugitives who were massacred in ditches, corn fields, and other hiding places, the following day. In general I have thought it right to follow Wade's The Duke's , escape from narrative, which appears to me by far the most the field, authentick, if not the only authentick account of this important transaction. It is imperfect, but its imperfection arises from the narrator's omitting all those circumstances of which he was not an eye wit- ^64 HISTORY OF THE REIGN CHAPTER ness, and the greater credit is on that very account due to him for those which he relates. With respect to Monmouth's quitting the field, it is not mentioned by him, nor is it possible to ascertain the precise point of time at which it happened. That he fled while his troops were still fighting, and therefore too soon for his glory, can scarcely be doubted ; and the account given by Ferguson, whose veracity how- ever is always to be suspected, that Lord Grey urged him to the measure, as well by persuasion as by ex- ample, seems not improbable. The misbehaviour of the last mentioned nobleman is more certain ; but as, according to Ferguson, who has been followed by others, he actually conversed with Monmouth in the field, and as all accounts make him the com- panion of his flight, it is not to be understood that when he first gave way with his cavalry, he ran away in the literal sense of the words, or if he did he must have returned. The exact truth, with re- gard to this and many other interesting particulars, is difficult to be discovered ; owing, not more to the darkness of the night in which they were transacted, than to the personal partialities and enmities by which they have been disfigured, in the relations of the different contemporary writers. Monmouth with his suite first directed his course OF JAMES THE SECOND. 565 towards the Bristol-channel, and as is related by chapter . . . . Ill- Oldmixon, was once inclined, at the suggestion of Dr. Oliver, a faithful and honest adviser, to embark Discovered. for the coast of Wales, with a view of concealing himself some time in that Principality. Lord Grey, who appears to have been, in all instances, his evil genius, dissuaded him from this plan, and the small party having separated, took each several ways. Monmouth, Grey, and a gentleman of Brandenburg, went southward, with a view to gain the New-Forest in Hampshire, where, by means of Grey's connec- tions in that district, and thorough knowledge of the country, it was hoped they might be in safety, till a vessel could be procured to transport them to the Continent. They left their horses, and disguised themselves as peasants; but the pursuit, stimulated as well by party zeal, as by the great pecuniary rewards offered for the capture of Monmouth and Grey, was too vigilant to be eluded. Grey was taken on the 7th in the evening; and the German, who shared the same fate early on the next morning, confessed that he had parted from Monmouth but a few hours since. The neighbouring country was immediately and thoroughly searched, and James had ere night the satisfaction of learning, that his ne- phew was in his power. The unfortunate Duke was M m 266 " HISTORY OF THE REIGN CHAPTER discovered in a ditch, half concealed by fern and ' nettles. His stock of provision, which consisted of The situation soHic pcas gathered in the fields through which he was found, had flcd, was nearly exhausted, and there is reason to think, that he had had little, if any other suste- nance, since he left Bridgewater on the evening of the 5th. To repose he had been equally a stranger: how his mind must have been harassed, it is need- less to discuss. Yet that in such circumstances he appeared dispirited and crest-fallen, is, by the unre- lenting malignity of party writers, imputed to him as cowardice, and meanness of spirit. That the failure of his enterprize, together with the bitter reflection, that he had suffered himself to be engaged in it against his own better judgment, joined to the other calamitous circumstances of his situation, had reduced him to a state of despondency, is evident; and in this frame of mind, he wrote on the very day of his capture, the following letter to the King: - Sir, " Your Majesty may think it the misfortune I " now lie under, makes me make this application to " you; but I do assure your Majesty, it is the remorse " I now have in me of the wrong I have done you " in several things, and now in taking up arms OF JAMES THE SECOND. ^67 '* against you. For my taking up arms, it was never chapter ** in mv thought since the King died: The Prince ' . . . . 1685. ** and Princess of Orange will be witness for me of *' the assurance I gave them, that I would never " stir against you. But my misfortune was such, as *' to meet with some horrid people, that made me *' believe things of your Majesty, and gave me so *' many false arguments, that I was fully led away '* to believe, that it was a shame and a stn before " God, not to do it. But, Sir, I will not trouble ** your Majesty at present with many things I could ** say for myself, that I am sure would move your *' compassion; the chief end of this letter being " only to beg of you, that I may have that happiness " as to speak to your Majesty; for I have that to say " to you, Sir, that I hope may give you a long and *' happy reign. " I am sure. Sir, when you hear me, you will be ** convinced of the zeal I have of your preservation, *' and how heartily I repent of what I have done. " I can say no more to your Majesty now, being this " letter must be seen by those that keep me. There- *' fore, Sir, I shall make an end, in begging of your " Majesty to believe so well of me, that I would ** rather die a thousand deaths, than excuse any thing *' I have done, if I did not really think myself the ^68 HISTORY OF THE REIGN CHAPTER " most In the wrong that ever a man was; arid had ! — " not from the bottom of my heart an abhorrence for " those that put me upon it, and for the action itself. " I hope, Sir, God Almighty will strike your heart " with mercy and compassion for me, as he has done *' mine with the abhorrence of what I have done : '* Wherefore, Sir, I hope I may live to shew you '* how zealous I shall ever be for your service; and " could I but say one word in this letter, you would " be convinced of it; but it is of that consequence, " that I dare not do it. Therefore, Sir, I do beg " of you once more to let me speak to you; for *' then you will be convinced how much I shall " ever be, " Your Majesty's most humble and dutiful, - MONMOUTH." The only certain conclusion to be drawn from this letter, which Mr. Echard, in a manner perhaps not so seemly for a churchman, terms submissive,* is, that Monmouth still wished anxiously for life, and was willing to save it, even at the cruel price of begging and receiving it as a boon from his * Echarc?, p, 7 71. '* His former spirit sunk into pusillanimity, and *' he meanly endeavoured, by the following submissive letter," 8^.c. E. OF JAMES THE SECOND. ^69 enemy. Ralph conjectures with great probabUity, chapter that this unhappy man's feelings were all governed by his excessive affection for his mistress; and that a vain hope of enjoying, with Lady Harriet Went- worth, that retirement which he had so unwillingly abandoned, induced him to adopt a conduct, which he might otherwise have considered as indecent. At any rate it must be admitted, that to cling to life, is a strong instinct in human nature, and Monmouth might reasonably enough satisfy himself, that when his death could not by any possibility, benefit either the publick or his friends, to follow such instinct, even in a manner that might tarnish the splendour of heroism, was no impeachment of the moral virtue of a man. With respect to the mysterious part of the letter, a mysterious where he speaks of one word, which would be of his letter such infinite importance, it is difficult, if not rather utterly impossible, to explain it by any rational con- jecture. Mr. Macpherson's favourite hypothesis, that the Prince of Orange had been a party to the late attempt, and that Monmouth's intention, when he wrote the letter, was to disclose this important fact to the King,* is totally destroyed by those expres- sions, in which the unfortunate prisoner tells his * Macpherson's Hist. 370 HISTORY OF THE REIGN CHAPTER Majesty he had assured the Prince and Princess of Orange that he would never stir against him. Did he assure the Prince of Orange that he would never do that which he was engaged to the Prince Not appiica. of Orange to do ? Can it be said that this was a false ble to the ° Prince of fgct, aud that uo such assurances were in truth given ? To what purpose was the falsehood? In order to conceal, from motives whether honourable or other- wise, his connection with the Prince? What? a fiction in one paragraph of the letter in order to con- ceal a fact, which in the next he declares his inten- tion of revealing? The thing is impossible/' The intriguing character of the secretary of state, the Earl of Sunderland, whose duplicity in many instances cannot be doubted, and the mystery in which almost every thing relating to him is involved, might lead us to suspect that the expressions point at some discovery in which that nobleman was con- cerned ; and that Monmouth had it in his power to be of important service to James, by revealing to him the treachery of his minister. Such a conjecture * Even if this complete refutation were wanting, the whole system of conduct imputed to the Prince of Orange by the above-mentioned author, by which he is made to act in concert with Monmouth at tliis lime, is so contrary to common sense, that the hypothesis never could have been offered to the belief of mankind by one whose mind was not forti&ed by some previous experience of their unbounded credulity. OF JAMES THE SECOND. 271 might be strengthened by an anecdote that has had chapter some currency, and to the truth of which in part, King James s memoirs, ir the extracts from them can be relied on, bear testimony. It is said that the Duke of Monmouth told Mr. Ralph Sheldon, one of the King's chamber who came to meet him on his way to London, that he had had reason to expect Sunderland's co-operation, and authorised Sheldon to mention this to the King: that while Sheldon was relating this to his Majesty, Sunderland entered; Sheldon hesitated, but was ordered to go on. " Sun- *' derland seemed at first struck," (as well he might whether innocent or guilty,) " but after a short time, •' said with a laugh, if that be all he, (Monmouth,)^can •' discover to save his life, it will do him little good."* It is to be remarked that in Sheldon's conversation, as alluded to by King James, the Prince of Orange's name is not even mentioned, either as connected with Mon- mouth or with Sunderland. But on the other hand, the difficulties that stand in the way of our interpreting Monmouth's letter as alluding to Sunderland, or of supposing that the writer of it had any well-founded accusation against that minister, are insurmountable. If he had such an accusation to make, why did he not make it? The King says expressly, both in a * Macpherson's State Papers, I. 146. 2,12. HISTORY OF THE REIGN CHAPTER letter to the Prince of Orange, and in the extract III. ^ 1685. from his memoirs, above cited, that Monmouth made no discovery of consequence, and the explanation suggested, that his silence was owing to Sunderland the secretary's having assured him of his pardon, seems wholly inadmissible. Such assurances could have their influence no longer than while the hope of pardon remained. Why then did he continue silent, when he found James inexorable ? If he was willing to accuse the Earl before he had received these assurances, it is inconceivable that he should have any scruple about doing it when they turned out to have been delusive, and when his mind must have been exasperated by the reflection that Sun- derland's perfidious promises, and self-interested sug- gestions, had deterred him from the only probable means of saving his life. A third ex- A third, and perhaps the most plausible, interpre- planation. . . , , tation of the words in question is, that they point to a discovery of Monmouth's friends in England, when, in the dejected state of his mind, at the time of writing, unmanned as he was by misfortune , he might sincerely promise what the return of better thoughts forbade him to perform. This account, however, though free from the great absurdities belonging to the two others, is by no means satisfactory. The phrase, OF JAMES THE SECOND. 27« ** one word," seems to relate rather to some single chapter person, or some single fact, and can hardly apply to — — — - any list of associates that might be intended to be sacri- ficed. On the other hand, the single denunciation of "«* ^atisfac- Lord Delamere, of Lord Brandon, or even of the Earl of Devonshire, or of any other private individual, could not be considered as of that extreme consequence, which Monmouth attaches to his promised disclosure. I have mentioned Lord Devonshire, who was cer- tainly not implicated in the enterprize, and who was not even suspected, because it appears from Grey's Narrative, that one of Monmouth's agents had once given hopes of his support; and therefore there is a bare possibility that Monmouth may have reckoned upon his assistance. Perhaps, after all, the letter has been canvassed with too much nicety, and the words of it weighed more scrupulously, than, proper allowance being made for the situation and state of mind of the writer, they ought to have been. They may have been thrown out at hazard, merely as means to obtain an interview, of which the un- happy prisoner thought he might? in some way or other, make his advantage. If any more precise mean- ing existed in his mind, we must be content to pass it over as one of those obscure points of history, upon which, neither the sagacity of historians, nor the N n ^74 HISTORY OF THE REIGN CHAPTER many documents since made publick, nor the great '. — discoverer, Time, has yet thrown any distinct light. Unfeeling Monmoiith and Grey were now to be conveyed James. to London, for which purpose they set out on the 11th, and arrived in the vicinity of the metropolis on the 1 3th of July. In the mean while, the Qiieen Dowager, who seems to have behaved with a unifor- mity of kindness towards her husband's son that does her great honour, urgently pressed the King to admit his nephew to an audience. Importuned there- fore by intreaties, and instigated by the curiosity which Monmouth's mysterious expressions, and Sheldon's story had excited, he consented, though with a fixed determination to shew no mercy. James was not of the number of those, in whom the want of an extensive understanding is compensated by a delicacy of sentiment, or by those right feelings, which are often found to be better guides for the conduct, than the most accurate reasoning. His nature did not revolt, his blood did not run cold, at the thoughts of beholding the son of a brother whom he had loved, embracing his knees, petitioning, and petitioning in vain, for life; of interchanging words and looks with a nephew, on whom he was inex- orably determined, within forty-eight short hours,, to inflict an ignominious death. OF JAMES THE SECOND. 275 In Macpherson's extract from King James's Me- chapter moirs, it is confessed that the King ought not to have seen, if he was not disposed to pardon the culprit;* but whether the observation is made by the exiled Prince himself, or by him who gives the extract, is in this, as in many other passages of those Memoirs, difficult to determine. Surely if the King had made this reflection before Monmouth's execution, it must have occurred to that Monarch, that if he had inadvertently done that which he ought not to have done without an intention to pardon, the only remedy was to correct that part of his conduct which was still in his power, and since he could not recall the interview, to grant the pardon. Pursuant to this hard-hearted arrangement, Mon- His interview mouth and Grey, on the very day of their arrival, mouth,°" were brought to Whitehall, where they had severally interviews with his Majesty. James, in a letter to the Prince of Orange, dated the following day, gives a short account of both these interviews. Monmouth, he says, betrayed a weakness, which did not become one who had claimed the title of King; but made no discovery of consequence. Grey was more in- genuous, + (it is not certain in what sense his Majesty * Macpherson's State Papers, I. 144. t Dalrymple's Memoirs, II. 134. 276 HISTORY OF THE REIGN CHAPTER uses the term, since he does not refer to any dis- III. CO very made by that Lord,) and never once begged his life. Short as this account is, it seems the only authentick one of those interviews. Bishop Kennet, who has been followed by most of the modern his- torians, relates, that " This unhappy captive, by the " intercession of the Queen Dowager, was brought " to the King's presence, and fell presently at his '-' feet, and confessed he deserved to die ; but con- ^' jured him, with tears in his eyes, not to use him *' with the severity of justice, and to grant him a " life, which he would be ever ready to sacrifice " for his service. He mentioned to him the example " of several great princes, who had yielded to the " impressions of clemency on the like occasions, " and who had never afterwards repented of those " acts of generosity and mercy; concluding, in a " most pathetical manner, Remember, Sir, I am " your brother's son, and if you take my life, it is " your own blood that you will shed. Tlie King " asked him several questions, and made him sign " a declaration that his father told him he was never " married to his mother: and then said, he was " sorry indeed for his misfortunes; but his crime " was of too great a consequence to be left un- ** punished, and he must of necessity suffer for it. OF JAMES THE SECOND. ^77 ** The Queen is said to have insnlted him in a very chapter " arrogant and unmerciful manner. So that when l685 " the Duke saw^ there was nothing designed hy this *' interview, but to satisfy the Queen's revenge, he " rose up from his Majesty's feet with a new air of " bravery, and was carried back to the Tower."* The topicks used by Monmouth are such as he might naturally have employed, and the demeanour attributed to him, upon finding the King inexorable, is consistent enough with general probability, and his particular character: but that the King took care to extract from him a confession of Charles's declaration with respect to his illegitimacy, before he announced his final refusal of mercy, and that the Qiieen was present for the purpose of reviling and insulting him, are circumstances too atrocious to merit belief, without some more certain evidence. It must be remarked also, that Burnet, whose general prejudices would not lead him to doubt any impu- tations against the Queen, does not mention her Majesty's being present. Monmouth's offer of chang- ing religion is mentioned by him, but no authority quoted; and no hint of the kind appears either in James's Letters, or in the extract from his Memoirs. From Whitehall Monmouth was at night carried executioii. to the Tower, where, no longer uncertain as to his fixed. * Kennet, lU. 432. Echard, III. 771- 578 HISTORY OF THE REIGN CHAPTER fat€, he seems to have collected his mind, and to '. — have resumed his wonted fortitude. The Bill of 1685. Attainder that had lately passed, having superseded the necessity of a legal trial, his execution was fixed for the next day but one after his commitment. This interval appeared too short even for the worldly business which he wished to transact, and he wrote again to the King on the 1 4th, desiring some short respite, which was peremptorily refused. The dif- ficulty of obtaining any certainty concerning facts, even in instances where there has not been any apparent motive for disguising them, is no where more striking than in the few remaining hours of this unfortunate man's life. According to King James's statement in his Memoirs, he refused to see his wife, while other accounts assert positively that she refused *to see him, unless in presence of wit- nesses. Burnet, who was not likely to be mistaken in a fact of this kind, says they did meet, and parted very coldly, a circumstance, which, if true, gives us no very favourable idea of the lady's character. There is also mention of a third letter written by him to the King, which being entrusted to a perfi- dious officer of the name of Scott, never reached its destination f'^ but for this there is no foundation. What seems most certain is, that in the Tower, and * Dalrymple's Memoirs, I. 127. OF JAMES THE SECOND. ^79 not in the closet, he signed a paper, renouncing his chapter pretensions to the crown, the same which he after- wards delivered on the scaffold; and that he was inclined to make this declaration, not by any vain hope of life, but by his affection for his children, whose situation he rightly judged would be safer and better under the reigning monarch and his suc- cessors, when it should be evident that they could no longer be competitors for the Throne. Monmouth was very sincere in his religious pro- His prepara- fessions, and it is probable that a great portion of death. this sad day was passed in devotion and religious discourse with the two prelates, who had been sent by his Majesty to assist him in his spiritual concerns. Turner, Bishop of Ely, had been with him early in the morning, and Kenn, Bishop of Bath and Wells, was sent, upon the refusal of a respite, to prepare him* for the stroke, which it was now irrevocably fixed he should suffer the ensuing day. They stayed with him all nighty and in the morning of the fifteenth were joined by Dr. Hooper, afterwards, in the reign of Anne, made Bishop of Bath and Wells, and by Dr. Tennison, who succeeded Tillotson in the see of Canterbury. This last divine is stated by Burnet to have been most acceptable to the Duke, and though he joined the others in some harsh expostulations. 5S0 HISTORY OF THE REIGN CHAPTER to have done, wheit the right reverend historian con- III. . '. — ceives to have been his duty, in a softer and less 1685. ^ . . . , „ , peremptory manner. Certain it is, that none of these holy men seem to have erred on the side of compassion or complaisance to their illustrious penitent. Besides endeavouring to convince him of the guilt of his con- nection with his beloved Lady Harriet, of which he could never be brought to a due sense, they seem to have repeatedly teased him with controversy, and to have been far more solicitous to make him profess what they deemed the true creed of the church of England, than to soften or console his sorrows, or to help him to that composure of mind so necessary for his situation. He declared himself to be a member of their church, but they denied that he could be so, unless he thoroughly believed the doctrine of passive obedience and non-resistance. He repented gene- rally of his sins, and especially of his late enterprize, but they insisted that he must repent of it in the way they prescribed to him, that he must own it to have been a wicked resistance to his lawful King, and a detestable act of rebellion.* Some historians have imputed this seemingly cruel conduct to the King's particular instructions, who might be de- sirous of extracting, or rather extorting, from the lips * Burnet, II. 330. Echard, III. 772. J OF JAMES THE SECOND. ^Sl pf his dying nephew, such a confession as would be chapter matter of triumph to the Royal cause. But the cha racter of the two prelates principally concerned, both for general uprightness, and sincerity as church of England men, makes it more candid to suppose, that they did not act from motives of servile com- pliance, but rather from an intemperate party zeal for the honour of their church, which they judged would be signally promoted, if such a man as Mon- mouth, after having throughout his life acted in de- fiance of their favourite doctrine, could be brought in his last moments to acknowledge it as a divine truth. It must never be forgotten, if we would un- derstand the history of this period, that the truly orthodox members of our church regarded monar- chy not as a human, but as a divine institution, and passive obedience, and non-resistance, not as politi- cal maxims, but as articles of religion. At ten o'clock on the 1 5th, Monmouth proceeded circumstan- in a carriage of the Lieutenant of the Tower, to execution. Tower-Hill, the place destined for his execution. The two bishops were in the carriage with him, and one of them took that opportunity of informing him, that their controversial altercations were not yet at an end; and that upon the scaffold, he would again be pressed for more explicit and satisfactory declarations 282 HISTORY OF THE REIGN CHAPTER of repentance. When arrived at the bar, which '- — had been put up for the purpose of keeping out the multitude, Monmouth descended from the carriage, and mounted the scaffold, with a firm step, attended hy his spiritual assistants. The sheriffs and exe- cutioners were already there. The concourse of spectators was innumerable, and if we are to credit traditional accounts, never was the general com- passion more affectingly expressed. The tears, sighs, and groans, which the first sight of this heart-rend- ing spectacle produced, were soon succeeded by an universal and awful silence; a respectful attention, and affectionate anxiety, to hear every syllable that should pass the lips of the sufferer. The Duke be- gan by saying he should speak little; he came to die, and he should die a Protestant of the church of Persecuted England. Here he was interrupted by the assistants, gLtaS and told, that, if he was of the church of England, he must acknowledge the doctrine of Non-resistance to be true. In vain did he reply that if he acknowledged the doctrine of the church in general, it included all : they insisted he should own t/iat doctrine particu- larly with respect to his case, and urged much more concerning their favourite point, upon which, how- ever, they obtained nothing but a repetition in sub- stance of former answers. He was then proceeding gious assis- tants. OF JAMES THE SECOND. 285 to speak of Lady Harriet Wentworth, of his high chapter esteem for her, and of his confirmed opinion that their connection was innocent in the sight of God; when Goslin, the sheriff, asked him, with all the un* feeling bluntness of a vulgar mind, whether he was ever married to her. The Duke refusing to answer, the same magistrate, in the like strain, though chang- ing his subject, said he hoped to have heard of his repentance for the treason and bloodshed which had been committed; to which the prisoner replied with great mildness, that he died very penitent. Here the churchmen again interposed, and renewing their demand of particular penitence and public acknow- ledgment upon publick affairs, Monmouth referred them to the following paper which he had signed tliat morning : '* I declare, that the title of King was farced upon *' me; and, that it was very much contrary to my ** opinion, when I was proclaimed. For the satis- ** faction of the world, I do declare, that the late ** King told me, he was never married to my mother. " Having declared this, I hope the King, who is " now, will not let my children suffer on this ac- '* count. And to this I put my hand this fifteenth day " ofjuly, 1685. MONMOUTH." m HISTORY OF THE REIGN III. }685. CHAPTER There was nothing, they said, in that paper about re- sistance; nor, though Monmouth, quite worn out with their importunities, said to one of them, in the most affecting manner, " I am to die, — Pray my Lord, — " I refer to my paper." would those men think it consistent with their duty to desist. They were only a few words they desired on one point. The sub- stance of these applications on one liand, and an- swers on the other, was repeated, over and over again, in a manner that could not be believed, if the facts were not attested by the signature of the persons principally concerned.* If the Duke, in declaring his sorrow for what had passed, used the word in- vasion, " give it the true name," said they, "and " call it rebellion." " What name you please," re- plied the mild-tempered Monmouth. He was sure he was going to everlasting happiness, and consi- dered the serenity of his mind in his present cir- cumstances, as a certain earnest of the favour of his Creator. His repentance, he said, must be true, for he had no fear of dying, he should die like a lamb. " Much may come from natural courage," was the unfeeling and stupid reply of one of the assistants. Monmouth, with that modesty inseparable from true bravery, denied that he was in general less fearful than other men, maintaining that his present courage * Vide Somers's Tracts, I. 435' OF JAMES THE SECOND. ^85 was owing to his consciousness that God had for- chapter . . . . Ill- given him his past transgressions, of all which gene rally he repented with all his soul. At last the reverend assistants consented tojoin with him in prayer, but no sooner were they risen from their kneeling posture, than they returned to their charge. Not satisfied with what had passed, they ex- horted him to a true and thorough repentance : would he not pray for the King ? and send a dutiful message to his Majesty, to recommend the Dutchess and his children? " As you please," was the reply ;" I pray ' ' for him and for all men." He now spoke to the exe- cutioner, desiring that he might have no cap over his eyes, and began undressing. One would have thought that in this last sad ceremony, the poor pri- soner might have been unmolested, and that the di- vines would have been satisfied, that prayer was the only part of their function for which their duty now called upon them. They judged differently, and one of them had the fortitude to request the Duke, even in this stage of the business, that he would address himself to the soldiers then present, to tell them he stood a sad example of rebellion, and entreat the people to be loyal and obedient to the King, " I " have said I will make no speeches," repeated Monmouth, in a tone more peremptory than he had 286 HISTOnV OF THE RElCN CHAPTER before been provoked to; ' ' I will make no speeches. '. — " I come to die." " My Lord, ten words will be *' enough," said the persevering divine, to which the Duke made no answer, but turning to the execu- tioner, expressed a hope that he would do his work better now than in the case of Lord Russel. He then felt the axe, which he apprehended was not sharp enough, but being assured that it was of proper sharpness and weight, he laid down his head. In the meantime, many fervent ejaculations were used by the reverend assistants, who, it must be observed, even in these moments of horrour, showed them- selves n^t unmindful of the points upon which they had been disputing; praying God to accept his impeffect and general repentance. The executioner now struck the blow, but so feebly or unskilfully, that Monmouth, being but slightly wounded, lifted up his head, and looked him in the face as if to upbraid him, but said nothing. The two following strokes were as ineffectual as the first, and the headsman in a fit of horrour, declared he could not finish his work. The sheriffs threatened him; he was forced again to make a further trial, and in two more strokes separated the head from the body. Thus fell, in the thirty-sixth year of his age, OF JAMES THE SECOND. tSI James Duke of Monmouth, a man against whom all chapter that has been said by the most inveterate enemies both to him and his party, amounts to little more character of than this, that he had not a mind equal to the situa- tions in which his ambition, at different times, en- gaged him to place himself. But to judge him with candour, w^e must make great allowances, not only for the temptations into which he was led by the splendid prosperity of the earlier parts of his life, but also for the adverse prejudices with which he was re- garded by almost all the cotemporary writers, from whom his actions and character are described. The Tories of course are unfavourable to him; and even among the Whigs, there seems, in many, a strong inclination to disparage him; some to excuse them- selves for not having joined him; others to make a display of their exclusive attachment to their more successful leader. King William. Burnet says of Monmouth, that he was gentle, brave, and sincere: to these praises, from the united testimony of all who knew him, we may add that of generosity; and surely those qualities go a great way in making up the catalogue of all that is amiable and estimable in human nature. One of the most conspicuous features in his character, seems to have been a remarkable, and, as some think, a culpable degree of flexibility. SS8 HISTORY OF THE REIGN CHAPTER That such a disposition is preferable to its opposite '. — extreme, will be admitted by all who think that modesty, even in excess, is more nearly allied to wisdom than conceit and self-sufficiency. He who has attentively considered the political, or indeed the general, concerns of life, may possibly go still further, and rank a willingness to be convinced, or in some cases even without conviction, to concede our own opinion to that of other men, among the prin- cipal ingredients in the composition of practical wisdom. Monmouth had suffered this flexibility, so laudable in many cases, to degenerate into a habit, which made him often follow the advice, or yield to the entreaties, of persons whose characters by no means entitled them to such deference. The sagacity of Shaftesbury, the honour of Russel, the genius of Sidney, might, in the opinion of a modest man, be safe and eligible guides. The partiality of friendship, and the conviction of his firm attachment, might be some excuse for his listening so much to Grey; but he never could, at any period of his life, have mis- taken Ferguson for an honest man. There is reason to believe, that the advice of the two last mentioned persons had great weight in persuading him to the unjustifiable step of declaring himself King. But far the most guilty act of this unfortunate man's life, OF JAMES THE SECOND. ^89 was his lending; his name to the Declaration which chapter ... ni. was published at Lyme, and in this instance, Fer- guson, who penned the paper, was both the adviser and the instrument. To accuse the King of having burnt London, murdered Essex in the Tower, and finally, poisoned his brother, unsupported by evi- dence to substantiate such dreadful charges, was calumny of the most atrocious kind ; but the guilt is still heightened, when we observe, that from no conversation of Monmouth, nor indeed from any other circumstance whatever, do we collect that he himself believed the horrid accusations to be true. With regard to Essex's death in particular, the only one of the three charges which was believed by any man of common sense, the late King was as much implicated in the suspicion as James. That the latter should have dared to be concerned in such an act, without the privacy of his brother, was too absurd an imputation to be attempted, even in the days of the Popish plot. On the other hand, it was certainly not the intention of the son to brand his father as an assassin. It is too plain, that in the instance of this Declaration, Monmouth, with a facility highly criminal, consented to set his name to whatever Ferguson recommended as advantageous to the cause. Among the many dreadful circumstances attending p p 1685. 9.90 HISTORY OF THE REIGN CHAPTER civil wars, perhaps there are few more revolting to a good mind, than the wicked calumnies with which, in the heat of contention, men, otherwise men of honour, have in all ages and countries permitted themselv^es to load their adversaries. It is remark- able that there is no trace of the Divines who attended this unfortunate man, having exhorted him to a par- ticular repentance of his Manifesto, or having called for a retraction or disavowal of the accusations con- tained in it. They were so intent upon points more immediately connected with orthodoxy of faith, that they omitted pressing their penitent to the only declaration, by which he could make any satisfactory atonement to those whom he had injured- OF JAMES THE SECOND. 391 FRAGMENTS The following detached Paragraphs were probably intended for the Fourth Chapter. They are here printed in the incomplete and unfinished state in which they were found. While the Whigs considered all religious opinions with a view to politicks, the Tories, on the other hand, referred all political maxims to religion. Thus the former, even in their hatred to Popery, did not so much regard the superstition, or imputed idolatry of that unpopular sect, as its tendency to establish arbitrary power in the state, while the latter revered absolute monarchy as a divine institution, and che- rished the doctrines of passive obedience and non- resistance, as articles of religious faith. To mark the importance of the late events, his Ma- jesty caused two medals to be struck; one of himself, with the usual inscription, and the motto, Ams et sceptra tuemur ; the other of Monmouth, without any inscription. On. the reverse of the former, were represented the two headless trunks of his lately vanquished enemies, with other circumstances in the same taste and spirit, the motto, Ambitio malesiiada rnit: on that of the latter appeared a young man 1G85. 293 HISTORY OF THE REIGN 1685. falling in the attempt to climb a rock with three crowns on it, under which was the insulting motto. Super i r is ere. With the lives of Monmouth and Argyle ended, or at least seemed to end, all prospect of resistance to James's absolute power; and that class of patriots who feel the pride of submission, and the dignity of obedience, might be completely satisfied that the Crown was in its full lustre. James was sufficiently conscious of the increased strength of his situation, and it is probable that the security he now felt in his power, inspired him with the design of taking more decided steps in favour of the Popish religion and its professors, than his connection with the Church of England party had before allowed him to entertain. That he from this time attached less importance to the support and affection of the Tories, is evident from Lord Rochester's observations, communicated afterwards to Burnet. This nobleman's abilities and exf>e- rience in business, his hereditary merit, as son of Lord Chancellor Clarendon, and his uniform oppo- sition to the Exclusion Bill, had raised him high in the esteem of the Church party. This circumstance, perhaps, as much, or more than the King's personal OF JAMES THE SECOND. ^93 kindness to a brother-in-law, had contributed to his isss. advancement to the first office in the state. As long therefore as James stood in need of the support of the party, as long as he meant to make them the instruments of his power, and the channels of his favour, Rochester was, in every respect, the fittest person in wbom to confide; and accordingly, as that nobleman related to Burnet, his Majesty honoured him with daily confidential communications upon all his most secret schemes and projects. But upon the defeat of the rebellion, an immediate change took place, and from the day of Monmouth's execution, the King confined his conversations with the Trea- surer to the mere business of his office. APPENDIX: CONTAINING I. Correspondence between Louis XIV. and M. Barillon on English (^ Affairs, from Dec. 1684, to Dec. 1^85. II. Correspondence between the Earl of Sunderland and the Bishop of Oxford, respecting Mr. Locke. III. The Bill for the Preservation of the King's Person. IV. Account of Rumbold, from Lord Fountainhall's MS. Memoirs, Sec. [ il CONTENTS OF THE LETTERS BETWEEN LOUIS AND BARILLON. Barillon to the King. 7th Dec. 1684. Changes in the Govermnent of New England — sentiments of the Marquis of Halifax upon them combated by the other Ministers — attempts to bring Halifax into disgrace — Charles intends to send the Duke of York into Scotland, p. vii. — viii. The King to Barillon. 13th Dec. l684. Louis's opinion of Halifax — and of the Duke of York's mission to Scotland, p. ix. Barillon to the King. 25th Dec. l684. Offers of submission and reconciliation from the Prince of Orange — rejected by Charles at the instigation of Sunderland, p. ix. — xi. Barillon to the King. Charles the Second's illness — he declares himself a Catholic — his death, p. xi. — xv. Barillon to the King, igth Feb. l68f . James the Second's accession — his speech to the Council — proclaimed in London — state of his Court and Ministry — sends Lord Churchill to Paris — informs Barillon of his intention to sum- mon a Parliament, and why — issues a proclamation for levying the former King's revenue — his professions of attachment to France — promises to establish the Catholic rehgion — solicits a supply of money from Louis — Barillon's opinion of the state of England — Duke of Mon- mouth^— arrest of one of his servants, p. xv. — 'xxiii. The King to Barillon. 20th Feb. Louis's private instructions to Barillon respecting James — and the state of Parties in England — • recommends the Earl of Sunderland — sends a supply of money for the King's use — his ap- prehensions of the designs of the Prince of Orange, and the Duke of Monmouth — orders Barillon to caution the King against them. p. xxiv. — vi. The King to Barillon. 26th Feb, Louis approves of James's resolution to call a Parliament — recommends precautions against the designs of the Prince of Orange and the Duke of Monmouth, p. xxvi. Barillon to the King. 26th Feb. Barillon informs James of the supply sent to him by Louis — the King's extravagant expressions of gratitude — conversation between Baiillon and Rochester respecting the old subsidy, and the treaty with Spain — James goes publicly to Mass — his conversation with Barillt)n upon it — ■ informs him of his designs with regard to the Catholics — King Charles the Second's funeral — : James re-appoints the Household, and why — Rochester made Lord Treasurer-— Barillon en^ deavours to prevent the King from allowing the Prince of Orange to visit England— Duke of Monmouth, p. xxviii.— xxxvi. t ii 3 Barillon to the King. 1st March. Mass publicly celebrated in Whitehall — attended by the King and Queen — sentiments of the public upon it — further arrangements in the Househould — the King's reasons for retaininir Halifax and others — the additional duties levied as in the former reign — preparations for the coronation — Prince of Orange sends Overkerque to effect a reconciliation with James — Ba- rillon endeavours to prevent it — offers of submission from the Duke of Monmouth — Barillon tells James they are insincere, p. xxxvii. — xliii. Barillon to the King. 5th March. The people alarmed at James's public profession of the Catholic religion — proceedings respect- ing the ensuing Parliament—Catholics discontented at the re-appointment of the Household — James forms a Council of Catholics — further conversations between James and Over- kerque on the part of the Prince of Orange — confided to Barillon, who endeavours to prevent any sort of reconciliation — Rochester advises a reconciliation — Sunderland opposes ii — Duke of Monmouth — James's conduct with regard to Spain — his professions of attachment to France, p. xlii. — li. The King to Barillon. 9th March. Louis satisfied with James — promises to afford him succours when wanted — sends over the Marechal de Lorgc — applauds James's resolution to levy the duties — instructs Barillon to inspire him with a distrust of the Prince of Orange, p. li. — liii. The King to Barillon. l6th March. On the appointment of Roman Catholic Bishops in England, p. liii. Barillon to the King. l6th April. James and his Ministers make further demands of succours from Louis — various discussions between Barillon and the Ministers respecting the subsidy granted to Charles — arguments to induce Louis to continue the subsidy — James acquaints Birillon with his design!^, and his determination to establish the Catholic religion— Barillon advises Louis to send more money —treatment of the Dutch ambassadours — indisposition of the Queen of England, p. liii. — Ix. The King to Barillon. 2ith April. Louis sends over a fresh supply — promises to support James, and particularly in establishing the Catholic religion — explanations with regard to Spain, p. Ix. — Ixii. Barillon to the King. 30th April. James's satisfaction at the result of the explanations between the Courts of Versailles and Ma- drid — he resolves to go to Chapel in state — the Earl of Rochester refuses lo accompany him — altercation between them — Dutch Ambassadours — their public entry — Barillon's account of the state of parties — points out to Louis the measurci he ought to adopt to secure James's attachment to his interests, p. Ixii. — viii. The King to Barillon. Qth Mai/. Louis permits Barillon to complete the payment of the old subsidy — promises further assistance, if James be obliged to dissolve the Parliament, and use force to carry bis designs — begins to entertain suspicions of a new alliance between England and the States General, p. l.wiii — Ixx. Barillon to the King. \Uh Mau. Various matters relating to the States General and the Prince of Orange — temper of the Par- liament — its designs against sonif of the Mii.isters — state of the Court in the last years of Charles the Second's reign — Dutchess of Portsmouth — designs of the English exiles at Am- sterdam — Dutch Ambassadours — Scottish Parliament grants the revenue for life — arrest of one of the Duke of Monmouth's cqueries. p Ixx. — iv. Barillon to the King. 17th May. Barillon assures Louis that James does not intend to form a treaty with the States or the Prince of Orange — explains his conduct on this head — describes the unsettled state of England — urges Louis to grant further supplies — discussions between the English and Dutch East India Companies respecting Bantam — James wishes to thwart the Dutch trade, p. Ixxiv. — viii. Barillon to the King. 2Uf May. Earl of Argyle sails from Holland — James's discontent at the conduct of the States and the Prince of Orange, which Barillon endeavours to encrease — trade of the Dutch in pepper, &c. — James's precautions against the Earl of Argyle's enterprize — state of the army in Ire- land — apprehensions of the attempts of the disaffected there — a publication on liberty of conscience by the Duke of Buckingham — Trial and condemnation of Titus Oates. p. Ixxviii. — Ixxxii. The King to Barillon. 25th May. Louis's observations upon the principal points in the preceding letter — refuses to grant any more money than what is necessary to pay the arrears of the old subsidy, p. Ixxxii. The King to Bai-illon. 1st June. Louis's opinion of the Earl of Argyle's invasion— begins to entertain suspicions of James's intentions, p. Ixxxiv. Barillon to the King. 2Sth May. Barillon assures Louis of James's attachment to him. p. Ixxxv. Barillon to the King. 2d June., Proceedings in the House of Commons — James's professions of attachment to France — Ba- rillon urges Louis to grant further supplies — Lord Montague solicits his pension from Louis, p. Ixxxvi. — ix. Barillon to the King. 4ith Ju?ie. Substance of Mr. Seymour's Speech in Pariiament against the vp,lidity of the elections, and the designs of the Court — Lord Lorn. p. Ixxxix. — xci. Barillon to the King. 1th June. Proceedings of Argyle — transactions in Parliament respecting the Catholics — ^James's dis- pleasure at them — its consequence — discussions between the English and Dutch India Com- panies — further proceedings of Argyle. p. xci. — iv. The King to Barillon. 15th June. Louis's observations on parts of the preceding letter-^his opinion of Argyle's invasion — urges the establishment of the Catholic religion in England — refuses to grant further supplies, till James shall undertake it. p. xciv. — vi. Barillon to the King, lith June. Reports that Louis secretly foments troubles in England — disbelieved by James, p. xcvi. The King to Barillon. 13th July. Louis's suspicions of the Prince of Orange — recalls the sums in Barillon's hands, p. xcvii. Barillon to the King. l6th July. Barillon acquaints the King and his Ministers with the suspension of all further supplies — their surprize and embarrassment at it-^-their various arguments to induce Louis to continue them — abject offers to Louis by James — he declares he cannot establish Popery without his aid — conversations between Barillon and Sunderland— Barillon solicits Louis to allow him to ad- vance a further supply — describes the state of affairs in England, and James's patronage of the Catholics — discredits certain reports in Holland — progress of the Duke of Monmouth, and state of the Royal army — execution of Argyle. p. xcviii.— ex. [iv ] The King to Barillon. 26th July. Louis censures Barillon for not having deprived James of ail hope of further supplies, p. ex. — xii. The King to Barillon. — Aug. Louis's arguments to induce James to establish Popery — his suspicions with regard to Spain, p. cxii. The King to Barillon. 24,fh Jug. Ditto. 20th Aug. Ditto. 4th Sept. Ditto. 13th Sept. The above four letters relate principally to James's renewing the treaty with the Slates Ge- neral — Louis instructs Barillon how he is to act in future, and to wave every proposal for a new alliance between England and France — orders him to prevent if possible the re- newal of any others treaties by James, p. cxiii. — xvii. Barillon to the King. 10th Sept. Substance of a deposition made by one of Monmouth's Equeries, respecting certain designs of the Protestants in France, p. cxvij. The King to Barillon, 20th Sept. Louis continues to instruct Barillon lo prevent any fresh treaties between England and other States — does not entirely approve of the appointment of Sir W. Trumball to be ambas- sadour in Fiance, p. cxviii. Barillon to the King. 1 7th Sept. Barillon acquaints Louis with the hopes entertained by the Austrian and Spanish ministers, of an alliance with England, p. cxix. The King to Barillon. 25th Oct. Respecting the English Parliament, p. cxx. ■ to Barillon. 1st. Xoi. The writer of this letter wishes to know from Barillon, upon what authority he had advanced to James 300,000 livres more than the arrears of the old subsidy, p. cxxi. Barillon to the King. 29th Oct. James intends to dismiss Halifax, and why — an affair relating to the Prince and Princess of Orange — Lord Castlemaine appointed Ambassadour to Rome — Barillon's observations on it. p. cxxi. — iii. The King to Barillon. 6th Nov. Louis's opinion of Halifax — hopes James will accomplish the repeal of the Test and Habeas Corpus acts. p. cxxiv. Barillon to the King. 5th Nor. Various circumstances respecting Halifax's dismissal — conjectures upon the conduct of the ensuing Parliament— execution of Mr. Cornish and Mrs. Gaunt noticed, p. cxxiv. — vii. The King to Barillon. l6th Nov. Louis applauds the dismissal of Halifax— entertains suspicions of James's intentions, p. cxxvii. Barillon to the King. 12th Nor. State of the Protestant and Catholic Parties in England— supposed effect of Halifax's dismissal upon the other Ministers, p. cxxviii. [V ] The King to Barillon. IQth Nov. Louis suspects an approaching alliance between England and Spain — instructs Barillon to excite a spirit of opposition in th» principal members of Parliament if he find that James is deter- mined to make fresh treaties, p. cxxx. The King to Barillon. 29th Nov. Observations upon a Letter from Barillon respecting the proceedings in Parliament, p. cxxxi. Barillon to the King. 22d Nov. Lord Grey is said to have implicated the Earl of Devonshire in Monmouth's rebellion, p. cxxxii. Barillon to the King. 26th Nov. Journal of the proceedings in Parliament — Spanish Ambassadour urges the renewal of the treaty of 168O — state of the interior of the English Court — opposite views of Rochester and Sunderland — their consequences — Barillon advises Louis to pension Sunderland — further proceedings in the Parliament, p. cxxxii. — xl. Barillon to the King. 30th Nov. Prorogation of the Parliament^ and its probable consequences, p. cxl. The King to Barillon. 6th Dec. Louis's observations on the Prorogation — agrees to allow Sunderland an annual pension of from 5 to 60001. p. cxli. APPENDIX J I. Correspondence between Louis XIV. and M. Barillon. M. de Barillon au Roi. 1 Decembre, I684, dLondres. 'ay re^u la depeche de Votre Majeste du premier Decembre. J'ay com- mence a executer Fordre que V. M. me donne a I'egard de Milord Halifax. II s'est passe ici depuis peu une affaire qui a deja donne occasion a M. le Due de York, et aux autres ministres, de travailler a le decrediter entiere- ment avec quelque esperance d'en venir a bout. Le Roi d' Angleterre a donne le gouverneraent de la Nouvelle Angleterre au Colonel Kerque, qui etoit auparavant gouverneur de Tanger. II y avoit eu devant une Compagnie etablie par des lettres patentes du Roi Jacques, qui gouvernoit avec une autorite presque souveraine et independante les pays compris sous le gouvernement de la Nouvelle Angleterre. Les pri- vileges de cette Compagnie ont ete casses au Banc Royal, et sa Majeste Britannique est rentree dans le pouvoir de donner une nouvelle forme au gouvernement, et d'etablir de nouvelles loix, sous lesquelles les habitans de ces pays doivent vivre a I'avenir ; cela a donne lieu a une deliberation dans le Conseil secret. La question a ete traitee a fonds, si Ton y introduiroit le meme gouvernement qui est etabli en Angleterre, ou si Ton assujettiroit ceux qui vivent dans ces pays-la aux ordres d'un gouverneur et d'un con- yiii APPENDIX. sell, qui auroient en leurs mains toute I'autorite, sans etre obliges a garder d'autres regies, que celles qui leur seroient prescrites d'ici. Milord Halifax a pris le party de soutenir avec vehemence qu'il n'y avoit point lieu de douter que les memes loix, sous lesquelles on vit en Angleterre ne dussent etre etablies en un pays compose d'Anglois. II s'est fort etendu sur cela, et n'a omis aucune des raisons, par lesquelles on pent prouver, qu'un gouvernement absolu, n'est ni si heureux, ni si assure que celui, qui est tempere par les loix, et qui donne des bornes a I'autorite du Prince. II a exagere les inconveniens du pouvoir souverain, et s'est declare nettement qu'il ne pouvoit pas s'accommoder de vivre sous un roi qui auroit en son pouvoir de prendre, quand il lui plairoit, I'argent qu'il a dans sa poche. Ce discours fut combattu fortement par tous les autres ministres, et sans entrer dans la question, si une forme de gouvernement en general est meilleure que 1' autre, ils soutinrent, que sa Majeste Britannique pouvoit, et devoit, gouverner des pays si eloignes de I'Angleterre en la maniere qui lui paroitroit la plus convenable pour maintenir le pays, en I'etat auquel il est, et pour en augmenter encore les forces et la richesse. Pour cela il fut resolu, qu'on n'assujetteroit point le gouverneur et le conseil, a faire des assemblies de tout le pays, pour faire des impositions, et regler les autres matieres importantes, mais que le gouverneur et le conseil feroit ce qu'ils jugeroient a-propos, sans en rendre compte qu'a sa Majeste firitan- nique. Cette affaire n'est peut-ctre pas en elle-meme fort importante; mais M. le Due d'York s'en est servi, pour faire connoitre au Roi d'Angleterre combien il y a d'inconveniens de laisser dans le secret de ses affaires un homme aussi oppose aux interels de la royaute qu'est Milord Halifax. Madame de Portsmouth a le meme dessein, et Milord Sonderland pouvoit ne rien desirer avec plus d'ardeur. lis croient I'un et I'autre y pouvoir reussir avec un peu de temps. M. le Due d'York m'a dit en confiance, que le Roi son frere avoit resolu de I'envoyer au printemps faire un voyage de trois semaines en Ecosse, pour y tenir une assemblee de Parlement, sans lequel on ne pent confisquer les biens de ceux qui sont declares rebelles ; que ce sera a-peu-pres pen- dant que la cour demeurera a Neumarquet; que cependant il a cru m'en devoir avertir de bonne heure, sachant biea que ses ennemis tacheroient de i APPENDIX. ix donner a ce voyage un air de disgrace, quoique dans le fond, ce soit une nouvelle marque de confiance et d'amitie du Roi son frere pour lui. Le Marquis de Huntley, chef de la maison de Gourdon, a etc fait Due, et le Marquis de Winsbery aussi ; ce dernier est de la maison de Douglas, et grand tresorier d'Ecosse. Ce n'est pas une chose de petite consequence que le Marquis de Huntley, qui est Catholique, soit fait Due. Le Roi a M. Barillon. Versailles, 13 Decembre, I6S4. 1-iES raisonnemens du Sr. Halifax sur la manierede gouverner la Nouvelle Angleterre ne meritent gueres la confiance que le Roy d'Angleterre a en luy, et je ne suis pas surpris d'apprendre que le Due d' York en ayt bien fait remarquer les consequences au Roy son frere. J'ay lieu de croire aussy que ce que ce Prince doit faire en Ecosse n'apportera aucun change- ment a I'etat present des affaires d'Angleterre, et je suis bien aise de \sgavoir] que ce soit plutot une marque de la confiance du Roy son frere, qu*un dessein de I'eloigner de ses conseils. London, 21 December, 16 84. jDarillon says the Duchess of P. tells him the King waited till Halifax gave him some further pretext for dismissing him, but that he represented to them the danger of delay. They had no apprehensions of Halifax's altering his conduct, and regaining the King's confidence. M. de Barillon au Roi 55 Decembre, 1684, « Londres. JUe Roi d'Angleterre me paroit aussi mal satisfait que jamais de la conduite de M. le Prince d'Orange. M. Zitters lui a donne une lettre de sa part, par laquelle il 1' assure en termes generaux, qu'il s'estime bien malheureux * This is printed from a note in Mr. Fox's hand writing. b X APPENDIX. d'avoir perdu ses bonnes graces, sachant bien n'avoir rien fait qui dut lui deplaire. M. Zitters a ajoute a cela, que M. le Prince d'Orange etoit fort afflige que ses ennemis eussent eu le credit de le mettre aussi mal qu'il est dans Tesprit de sa Majeste Britannique, sans qu'il se puisse reprocher d'avoir rien fait qu'il sgut etre oppose a sa volonte, ou a ses intentions. Le Roi d'Angleterre m'a fait entendre, que sa reponse a M. Zitters a ete, que M. le Prince d'Orange se moqnoit de lui, aussi bien que de M. Zitters, en le chargeant de dire des choses, qu'il sait n'avoir aucun fondement; que M. le Prince d'Orange n'avoit point d'ennemis dans sa cour, qui eussent pris soin de lui nuire, mais que lui-meme avoit fait tout ce qu'il falloit pour cela, s'etant conduit d'une maniere fort opposee, a ce qu'il devoit, tant a I'egard des affaires generales qu'a I'egard de M. le Due de Monmouth, et des autres factieux. M. Zitters a essaye d'excuser ce que M. le Prince d'Orange a fait a I'egard de M. le Due de Monmouth : sa Majeste Britan- nique s'en est moquee, et lui a dit, que M. le Prince d'Orange etoit plus habile que personne, puis qu'il savoit si bien menager un homme, dont les desseins ne pouvoient aller qu'a etablir une republique en Angleterre, ou a soutenir des pretentions chimeriques, et qui ne peuvent reussir sans la mine de M. le Prince d'Orange lui-meme. L'intention du Roi d'An- gleterre etoit, a ce que j'en puis juger, de couper encore plus court I'entretien avec M. de Zitters, mais cela repugne a son humeur. M. le Due de York a parle fort decisivement a M. Zitters, et ne lui a pas donne lieu de deffendre la conduite de M. le Prince d'Orange. M. Zitters a dit a Milord Sunderland, que M. le Prince d'Orange vouloit faire tout ce qui etoit en son pouvoir pour rentre.r dans les bonnes graces du Roi d'An- gleterre, et de M. le Due de York. Q^j'il falloit seulement lui faire con- noitre ce qu'il devoit faire pour cela ; Milord Sunderland repondit, que ce n'etoit pas d'ici qu'il devoit attendre des instructions, et qu'il savoit assez.ce qui avoit pu deplaire auRoi d'Angleterre dans sa conduite, pour y apporter du changement, s'il en avoit envie. J'ay s^u de M. le Due d'York, qu'en parlant de tout cela avec le Roi d'Angleterre, et ses ministres les plus confidens, Milord Sunderland avoit dit qu'il est de la dignite, et de I'iuteret de sa Majeste JBritannique de laisser M. le Prince d'Orange prendre de lui-meme le party qu'il jugera apropos, APPENDIX. xi sans lui rien prescrire, ni meme temoigner qu'on attende rlen de lui ; qu'apres avoir, pendant trois ans, fait tout ce qui etoit en son pouvoir, centre les interets et les desseins du Roi d' Angleterre, 11 ne devoit pas croire, que ce qu'il a fait fut repare par des complimens ; qu'on ne pent marquer a present en quoi il pourroit temoigner sa bonne volonte et son zele ; qu'il faut peutetre beaucoup de temps pour en trouver les occasions ; et que tout ce qu'il pent esperer est, que le Roi d' Angleterre veuille bien considerer qu'elle sera sa conduite a I'avenir ; que cependant on ne sauroit parler trop peu et trop decisivement a M. Zitters sur une telle matiere. Ce sentiment a ete approuve de sa Majeste Britannique, et il a ete resolu qu'on n'ecouteroit pas seulement M. Zitters, s'il vouloit en parler encore. On parle fort ici depuis deux jours de la sedition arrivee a Brussels, et de la maniere, dont elle a ete appaisee par le Marquis de Grave, c'est-a- dire, en cedant entierement au peuple. Le Roi d' Angleterre en a parle comme d'un &xemple de tres-pernicieuse consequence, et qui porteroit indubitablement les autres villes du Pays Bas a faire la meme chose, voyant qu'elle demeure impunie et recompensee a Brussels. Depeche de M. Barillon au Roy. LiA lettre que je me donne I'honneur d'ecrire aujourdhuy a votre Majeste est seulement pour lui rendre un compte exact de ce qui s'est passe de plus important a la mort du feu Roy d'Angleterre. Sa maladie, qui commen^a le Lundi 12 Fevrier au matin, re^ut divers changemens les jours suivans, quelquefois on le croioit hors de danger, et ensuite il arrivoit quelque accident qui faisoit juger que son mal etoit mortel: enfin le Jeudi quin- zieme Fevrier, sur le midi, je fus averti d'un bon endroit qu'il n'y avoit plus d'esperance, et que les medecins ne croioient pas qu'il dut passer la nuit ; j'allai aussitot apres a Whitehall ; M. le Due d'York avoit donne ordre aux officiers qui gardoieut la porte de I'antichambre de me laisser passer a toute heure ; il etoit toujours dans la chambre du Roy son frere, et en sortoit de terns en tems pour donner les ordres sur tout ce qui se pas- soit dans la ville ; le bruit se repandoit plusieurs fois par jour que le Roy xii APPENDIX. cteit mort; d'abord que je fus arrive, Monsieur le Due d' York me dit, " Les medecins croient que le Roy est en un extreme danger; je vousprie d'assurer votre maitre qu'il aura toujours en moi un serviteur fidele et re- connoissant." Je fus jusqu'a cinq heures dans Tantichambre du Roy d'Angleterre ; Monsieur le Due d'York me fit entrer plusieurs fois dans la chambre, et me parloit de ce qui se passoit au-dehors, et des assurances qu'on lui donnoit de tous cotes que tout etoit fort tranquille dans la ville, et qu'il y seroit proclame Roy au moment que le Roy son frere seroit mort. Je sortis pendant quelque tems pour aller a I'appartement de Madame de Portsmouth ; je la trouvai dans une douleur extreme ; les medecins lui avoient ote toute sorte d'esperance ; cependant, au lieu de me parler de sa douleur, et de la perte qu'elle etoit sur le point de faire, elle entradansun petit cabinet, et me dit, " Monsieur I'Ambassadeur, je m'en vais vous dire le plus grand secret du monde, et il iroit de ma tete si on le savoit : Le Roy d'Angleterre dans le fonds de. son rrenr est Cathnlique, mais il est environne des evesques Protestans, et personne ne lui dit I'etat ou il est, ni ne lui parle de Dieu ; je ne puis plus avec bienseance rentrer dans la chambre, outre que la Reine y est presque toujours ; Monsieur le Due d'York songe a ses affaires, et en a trop, pour prendre le soin qu'il devroit de la conscience du Roy ; allez lui dire, que je vous ai conjure de I'averlir qu'il souge a ce qui se pourra faire pout sauver I'ame du Roi ; il est le maitre dans la chambre ; il peut faire sortir qui il voudra ; ne perdez point de tems, car si on differe tant soit peu, il sera trop tard." Je retournai a I'instant trouver Monsieur le Due d'York ; je le priai de faire semblant d'aller chez la Reine, qui etoit sortie de la chambre duRoy, et qu'on venoit de saigner, parcequ'elle s'etoit evanouie : la chambre com- munique aux deux appartemens ; je le suivis chez la Reine, et je lui dis ce que Madame de Portsmouth m'avoit dit. II revint comme d'une pro- fonde lethargic, et me dit, " Vous avez raison; il n'y a pas de tems a per- dre ; je hazarderai tout plustot que de ne pas faire mon devoir en cette occa- sion." Une heure apres il revint me trouver, sous pretexte encore d'aller chez la Reine, et me dit, qu'il avoit parle au Roy son frere, et qu'il I'avoit trouve resolu de ne point prendre la cene que les evesques Protestans le pressoient de recevoir ; que cela les avoit fort surpris, mais qu'il en de- APPENDIX. jcjii fflfflcureroit toujours quelqu'uns d'eux dans sa chambre, s'il ne prenoit un pretexte de faire sortir tout le monde, afin de pouvoir parler au Roi son frere avec liberie, et le disposer a faire une abjuration formelle de I'heresie, et a se confesser a un prestre Catholique. Nous agitames divers expediens ; M. le Due d' York proposa que je de- mandasse a parler au Roi son frere, pour lui dire quelque chose de secret de la part de votre Majeste, et qu'on feroit sortir tout le monde. Je m'offris k le faire; mais je lui representai qu'outre que cela eauseroit un grand bruit, 11 n'y auroit pas d'apparence de me faire demeurer en parti- culier avec le Roy d* Angleterre et lui seul, assez longtems pour ce que nous avions a faire. La pensee vint ensuite a M. le Due d'York, de faire venir la Reine, comme pour dire un dernier adieu au Roy, et lui demander par- don si elle lui avoit desobei en quelque chose ; que lui feroit aussi la meme ceremonie. Enfin M. le Due d'York se resolut de parler au Roi son frere devant tout le monde, mais de faire ensorte que personne n'entendroit ce qu'il lui diroit, parceque cela oteroit tout soupyon, et on croiroit seule- ment qu'il lui parleroit d'affaires d'etat, et de ce qu'il vouloit qui fut fait apres sa mort ; ainsi, sans autre plus grande precaution, le Due d'York se pencha a I'oreille du Roi son frere, apres avoir ordonneque personne n'ap- prochat : j'etois dans la chambre, et plus de vingt personnes a la porte, qui etoit ouverte, on n'entendoit pas ce que disoit M. le Due d'York; mais le Roy d'Angleterre disoit de tems en tems fort haut, Oui, de tout mon caur; il faisoit quelque fois repeter M. le Due d'York ce qu'il disoit, parcequ'il n'entendoit pas aisement ; cela dura pres d'un quart d'heure ; M. le Due d'York sortit encore comme pour aller chez la Reine, et me dit; *' Le Roy consent que je lui fasse venir un prestre ; je n'ose faire venir aucun de ceux de la Duchesse, ils sont trop connus; envoyez en chercher un vistement." Je lui dis, que je le ferois de toiut mon coeur, mais que je croiois que Ton perdroit trop de tems, et que je venois de voir tons les pretres de la Reine dans un cabinet proche de sa chambre. II me dit, Vous avez raison ; il appergut en meme tems le Comte de Gastelmelhor, qui embrassa avec chaleur la proposition que je lui fis, et se chargea de parler a la Reine; il revint a I'instant; et me dit, *' Quand je hazarderois laia tete en cecy, je le ferois avec joie, cependant je ne S9ais aucun- pretre xiv APPENDIX. de la Reine qui entende I'Anglois, et qui le parle." Sur cela nous re- solumes d'envoyer chez le Resident de Venise chercher un pretre Anglois ; mais parceque le tems pressoit, le Comte de Castelmelhor alia ou etoient les pretres de la Reine, et y trouva parmi eux un pretre Ecossois, nomme Hudelston, qui sauva le Roi d'Angleterre apres la bataille de Vorchester, et qui a ete excepte par acte du parlement de toutes les loix faites contra les Catholiques, et contre les pretres ; on lui donna une peruque et une casaque pour le deguiser, et le Comte de Castelmelhor le conduisit a la porte d'un appartement qui repond par un petit degre a la chambre du Roy ; M. le Due d'York, que j'avois averti que tout etoit prest, envoya ChifEns recevoir et conduire le Sieur Hudelston : ensuite il dit tout haut, " Messieurs, le Roy veut que tout le monde se retire a la reserve du Comte de Baths, et du Comte de Feversham." L'un est le premier des gentils- hommes de la chambre, et le second etoit en semaine et servolt actuelle- ment. Les medecins entrerent dans un cabinet dont on ferma la porte; et ChifEn amena le Sieur Hudelston.: M. le Due d'York, en le lui presen- tant, lui dit, " Sire, voici un homme qui vous a sauve la vie, et qui vient a cette heure pour sauver votre ame." Le Roy repondit, qu'il soit le bien venu ; ensuite il se confessa avec de grands sentimens de devotion et de repentir. Le Comte de Castelmelhor avoit pris soin de faire instruire Hudels- ton par un religieux Portugais Carme dechausse, de ce qu'il avoit a dire au Roi en une telle occasion, parceque de lui-meme ce n'etoit pas un grand doc- teur : mais M. le Due d'York m'a dit qu'il s'acquitta fort bien de sa fonction, et qu'il fit formellement promettre au Roi d'Angleterre, de se declarer ouvertement Catholique s'il revenoit en sante: ensuite il recut 1' absolution, communia, et re^ut meme 1' extreme onction. Tout cela dura environ trois quarts d'heure. Chacun se regardoit dans I'antichambre, et personnene se disoit rien que des yeux et i. I'oreille. La presence de Milord Baths et de Milord Feversham, qui sont Protestans, a un peu rassure les evesques ; ce- pendant les femmes de la Reine, et les autres pretres, ont vu tant d'allees et de venues, que je ne pense pas que le secret puisse etre longtems garde. Depuis que le Roi d'Angleterre eut communie, il y eut un leger amende- ment a son mal. II est constant qu'il parloit plus intelligiblement, et qu'il avoit plus de force ; nous esperions deja que Dieu avoit voulu faire un APPENDIX. xr miracle en le guerissant; maislesmedecinsjugerentquelemaln'etoit point diminue, et que le Roy ne passeroit pas la nuit: cependant il paroissoit beaucoup plus tranquille, et parloit avec plus de sens et de connoissance qu'il n'avoit encore fait, depuis dix heures du soir jusqu'a huit heures du matin. II parla plusieurs fois tout haut a M. le Due d'York avec des termes pleins de tendresse et d'amitie ; il lui recommanda deux fois Madame de Portsmouth et le Due de Richemont ; il lui recommanda aussi tons ses autres enfans ; il ne fit aucune mention de M. le Due de Monmouth, ni en bien ni en mal : il temoignoit souvent sa confiance en la misericorde de Dieu. L*evesque de Baths et de Vels, qui etoit son predicateur, faisoit quelques prieres, et lui parloit de Dieu ; le Roy d' Angleterre marquoit de la tete qu'il I'entendoit: cet evesque ne s'ingera pas de lui dire rien de particulier, ni de lui proposer de faire une profession de foi ; il apprehen- dolt un refus, et craignoit encore plus, a ce que je crois, d'irriter M. le Due d'York. Le Roy d' Angleterre conserva toute la nuit une entiere connoissance, et parla de toutes choses avec un grand calme ; il demanda a six heures, qu'elleheure il etoit, et dit, Faites ouvrir les rideaux afin que je voye en- core le jour; il souflroit de grandes douleurs, et on le saigna a sept heures dans I'opinion que cela adouciroit ses douleurs ; il commenga a huit heures et demie a ne plus parler que tres-difficilement ; et sur les dix heures, il n'avoit plus aucune connoissance ; il mourut a midi sans aucun effort ni convulsion. Le nouveau Roi se retira a son apartement, et fut reconnu unanimement, et ensuite proclame. J'ai cru devoir rendre un compte exacte a voire Majeste du detail de ce qui s'est passe dans cette occasion, et je m'estime bien heureux que Dieu m'ait fait la grace d'y avoir quelque part. Je suis, Sec. M. Barillon au Roi. 19 Fevrier, 1685. J'lNFOjiMAi votre Majeste, le seizieme hierau soir, par un courier expres, de la mort du Roy d' Angleterre, et que le Due d'York avoit ete reconnu et proclame Roi sans aucun trouble ni opposition. Le nouveau Roi d'An- xvi APPENDIX. gleterre alia dans la chambre du conseil, un quart d'heure apres la mort du Roi son frere. he Garde des Sccaux d'Angleterre, le Garde du Sceau Prive, et les deux Secretaires d'Elat lui remirent les sceaux, qu'il leur rendit a I'instant, et dit qu'il etablissoit le conseil des mesmes personnes, dont il avoit ete compose. lis preterent tous un nouveau serment; ensuite, sa Majeste Britannique leur dit en peu de mots, que la douleur de la perte d'un frere, et d'un Roi, pour qui il avoit autant de respect et d'amitie, ne lui permettoit pas de leur faire un long discours ; mais, qu'il se croyoit oblige de leur declarer d'abord, qu'il ne se serviroit du pouvoir que Dieu lui avoit donne que pour le maintien des loix d'Angleterre, et qu'il ne feroit rien, contre la surete et la conservation de la religion Protestante ; qu'il apporteroit tous ses soins, pour remplir les devoirs d'un bon roi a I'egard de ses sujets, et de ses peuples; et qu'il s'attendoit aussi que ses sujets demeureroient dans Tobeissance et la fidelite qu'ils Ini doivent par les loix divines et humaines. Milord Rochester prit la parole, et demanda a sa Majeste Britannique, s'il ne lui plaisoit pas que Ton publiat une Declaration de ce qu'il lui avoit plu de dire. Cela fut resolu, et la Declaration sera imprimee. On donna ensuite les ordres pour la proclamation, et le conseil se leva pour aller en corps, saluer la Reine regnante ; et ensuite la Reine Douairiere. De la tout le conseil alia faire faire la publication en plusieurs endroits de la ville de Londres, ou le Maire se trouva aussi. Les Pairs d'Angleterre qui se trouverent presens, suivirent le conseil. II y avoit quelques troupes a cheval, qui precedoient, et des compagnies d'infanterie postees en divers endroits, pour reprimer le tumulte et le desordre, s'il en fut arrive. Le peuple fit des acclamations ordinaires en pareil cas. II y avoit des gens preposes pour distribuer du vin, et boire a la sante da Roi Jacques Second. 11 n'y a eu encore aucun changement dans les charges. Le Roi d'An- gleterre a cru d'abord devoir laisser les choses comme elles sent, on n'a meme encore rien change au conseil du cabinet, mais il ne se tient que pour la forme, et le Roi d'Angleterre a des conferences secrettes avec Milord Sunderland, Milord Rochester, et Milord Godolphin, oii les choses les plus importantes se resolvent. Milord Rochester a plus de part qu'aucun APPENDIX. xvii autre a sa confiance. II ne songe plus a aller en Irlande ; on croit que ce sera, ou le Comte de Clarendon ou le Due de Beaufort. Le Due d'Ormond pourra bien y demeurer encore quelque temps. Le Roi d'Angleterre m'a dit qu'il envoyera Milord Churchil incessam- ment donner part a Votre Majeste de la mort du Roi son frere, et de son avenement a la couronne, et qu'il I'a choisi comme un homme, qui est deja dans le secret d'une intime liaison avec V. M. II est gentilhomme de sa chambre, et cet envoy le regardoit naturellement, n'envoyant point le Comte de Peterborough, qui est le premier gentilhomme de la chambre. Sa Majeste Britannique alia voir Madame de Portsmouth, une heure apres etre proclame, et lui donna beaucoup d'assurances de sa protection, et de son amitie. Milord Godolfin, etles autres commissaires des finances, demeurent dans leur fonction, mais on croit, que dans quelque temps Milord Rochester sera Grand Tresorier, et qu'il a juge lui-meme, plus a-propos, de laisser etablir les affaires avant que d'avoir ouvertement I'ad- ministration des finances. Milord Sunderland a aussi beaucoup de part a la confiance du Roi d'Angleterre ; il m'en a parle avec beaucoup d'esLime, et comme le croyant fort propre k le servir dans les desseins qu'il a. Sa Majeste Britannique a pris soin avant et depuis la mort du Roi sun fiere, d'etablir une liaison etroite entre Milord Rochester et Milord Sunderland. Leur amitie s'etoit un peu refroidie dans les derniers temps: Milord Sun- derland, Madame de Portsmouth, et Milord Godolfin possedoient seuls toute I'autorite aupres du feu Roi d'Angleterre, Milord Rochester, qui le connoissoit, avoit desire d'aller en Irlaiide, a quoi les autres Tavoient servi, pour lui procurer un exil honorable. M. le Due de York souffroit avec peine la diminution du credit de Milord Rochester, croyant que cela retournoit sur lui. J'ai ete souvent employe a adoucir ce qui se passoit. Milord Churchil est informe de tout a fond, et pourra, si V. M. I'a agreahle, lui dire beaucoup de choses, qu'il est impossible d'expliquer par des lettres. EUes ne sont pas a cette heure fort importantes, si ce n'est pour faire mieux cpnnoitre I'etat du dedans de la cour d'Angleterre, presenteraent. Milord Churchil a beaucoup de part aux bonnes graces de son maitre, et le choix qu'il a fait de lui pour I'envoy^r a V. M. en est une marque. Je viens a gette heure a ce qu'il y a de plus important, c xviii APPENDIX. Les revenus du Roi d'Angleterre tombent pour la plus grande partie par la mort du Roi son frere. II est persuade que le gouvernement ne se peut soutenir avec ce qui lui reste de revenu, qui ne monteroit au plus qu'a sept cens mille livres sterlin. II me fit hier au soir entrer dans son cabinet, et apres m'avoir parle de diverses choses du dedans qui ne sont pas de grande importance, il me dit, Vous allez peutetre etre surpris, mais j'espere que vous vous serez de mon avis quand je vous aurai dit mes raisons. J'ai resolu de convoquer inces- samment un parlemenl, et de I'assembler au mois de Mai. Je publierai en meme tems une declaration pour me maintenir dans la jouissance des memes revenus qu'avoit le Roy mon frere. Sans cette proclamation pour un parlement, je hazarderois trop de m'emparer d'abord de ce qui s'est etabli pendant la vie du feu Roy ; c'est un coup decisif pour moi d'entrer en possession et en jouissance ; car dans la suite, il me sera bienplus facile ou d'eloigner le parlement, ou de me maintenir par des autres voyes qui me paroitroient bien plus convenables. Beaucoup de gens diront que je me determine trop promptement a convoquer un parlement; mais si j'attendois d'avantage, j*en perdrois tout le merite. Je connois les Anglois ; il ne faut pas leur temoigner de crainte dans les commencemens ; les gens mal-intentionnes auroient forme des cabales pour demander un parlement, et se seroient attire la faveur de la nation dont ils auroient abuse dans la suite ; je S9ai bien que je trouverai encore des difficultes a surmonter ; mais j'en viendrai a bout, et me mettrai en etat de reconnoitre les obligations in- finies que j'ai au Roy votre maitre. Je connois en quels embarras le feu Roy mon frere s'est jette quand il s'est laisse ebranler a I'egard de la France : j'empecherai bien qu'un parle- ment ne se mele des affaires etrangeres ; et je le separerai des que je verrai qu'ils feront paroitre aucune mauvaise volonte. C'est a vous a expliquer au Roi votre maitre ce que je vous dis, afin qu'il ne trouve pas a redire que j'aie pris si promptement une resolution si importante, et sans le consulter, comme je le dois et le veux faire en tout ; mais j'aurois gate extremement mes affaires, si j'avois differe seulement de huit jours, car je serois demeure prive des revenus que je conserve ; et la moindre opposition, de la part de ceux qui auroient refuse de payer les APPENDIX. xix droits, m'auroit engage a les lever par force, au lieu que je pretendrai avoir la loy pour moi presentement ; et 11 me sera fort aise de reduire ceux qui voudront s'opposer a ce que je fais. Le Roy d'Angleterre a ajoute a eela toutes sortesde protestations de re- connoissance et d'attachement pour votre Majeste ; il me dit que sans son appui et sa protection, il ne pouvoit rien entreprendre de ce qu'il avoit dans I'esprit en faveur des Catholiques ; qu'il savoit assez, qu'il ne seroit jamais en surete que la liberte de conscience pour eux ne fut entierement ctablie en Angleterre ; que c'est a cela a quoi il travaillera avec une entiere appliquation des qu'il y verra de la possibilite ; que j'avois vu avec quelle facilite il avoit ete reconnu et proclame Roy ; que le reste arrivera de la meme maniere en se conduisant avec fermete et sagesse. Je dis a sa Majeste Britannique que je ne prendrois pas le parti de re- pondre sur le champ a ce qu'il me faisoit I'honneur de me dire ; que je ne pouvois jamais douter de la sincerite de ses sentimens a I'egard de votre Ma- jeste ; et que je le croiois trop habile et trop sage pour rien faire qui put alterer une liaison fondee sur tant d'experience et de raison ; que je rendrois compte a votre Majeste de ce qu'il m'avoit dit ; et que quand j'y aurois pense, je lui dirois librement mes sentiments, qui nedevoient etre d'aucun poids jusques a ce que je parlasse de la part de votre Majeste ; que je lui dirois cependant de moi-meme, et sans y penser d'avantage, que votre Ma- jeste est en un tel etat qu'elle n'a rien a desirer pour I'augmentation de sa puissance et dc sa grandeur : qu'elle a donne des bornes a ses conquetes dans le tems qu'elle auroit pu facilement les augmenter; que son amitie pour le feu Roi d'Angleterre et pour lui a qui j'avois I'honneur de parler, I'avoit engage a soutenir leurs interets et ceux de la Royaute en ce pays- cy ; que Dieu avoit beni les desseins de votre Majeste par tout ; et que j'etois assure qu'elle auroit une joie sensible de son elevation au gouvernment de trols royaumes ; que je ne doutois point que sa conduite ne fut toujours conforme a ce qu'il devoit a sa reputation, et a ses veritables interets, qui seront de conserver I'amitie de votre Majeste ; et qu'il est juste de se rap- porter de ses affaires pour le dedans a ce qu'il en jugera lui-meme. Je n'ai pas cru. Sire, devoir combattre, sans y avoir pense murcment, une resolu- tion deja prise, et que mes raisons n'auroient pas fait changer: j'ai meme XX APPENDIX. estime qu'il etoit de la dignlte de votre Majeste que je ne parusse pas in- timide d'une assemblee de parlement, pour les seuls interets de votre Ma- jeste, quand leRoy d'Angleterre temoigne n'en rien apprehender. Milord Rochester m'est venu trouver ce matin de la part de sa Majeste Bri- tannique, pour m'expliquer plus au long les motifs de la convocation d'un parlement; il a ajoute a tout ce que leRoi d'Angleterre m'avoit dit, que s'il n'avoit prevenu les requetes qu'on lui alloit faire, le Garde des Sceaux et le Marquis d'Halifax n'auroient pas manque de le presser d'assembler un parle- ment ; qu'il avoit voulu les prevenir, et faire connoitre que ce qu'il fait, vient de son pur mouvement ; que I'avantage present qu'il tire de cette declaration, estde se mettre en possession du revenu qu'avoit le feu Roy d'Angleterre, aussi bien que de sa couronne; qu'il auroit ete trop a charge a votre Ma- jeste s'il avoit ete oblig^ de lui demander des secours aussi considerables que ceux dontil auroit cu besoin; que ce qu'il fait ne I'exempte pasd'avoir recours a votre Majeste ; et qu'il espere qu'elle voudra bien dans les com- mencemens de son regne I'aider a en soutenir le poids ; que cette nouvelle obligation, jointe a tant d'autres, I'engagera encore d'avantage a ne se pas departir du chemin, qu'il a cru que le feu Roy son frere devoit tenir a I'egaid de votre Majeste ; que ce sera le moyen de le laire independent du parlement, et de se mettre en etat de se soutenir sans parlement, si on lui refuse la continuation des revenus dont le feu Roi jouissoit. . Milord Rochester n'u obmis aucune des raisons qu'il a cru propres a me convaincre, que votre Majeste n'hazarde rien ensecourant presenlement le Roi d'Angleterre d'une somme considerable ; que c'est soutenir son ouvrage, et le mettre en etat de ne se jamais dementir ; que pour lui, il n'a point change de sentimens, et que son opinion etoit que le Roi son maitre ne se pent bien soutenir sans I'aide et le secours de votre Majeste : que ce seroit le laisser a la merci de son peuple, et en etat d'etre mine, si votre Majeste ne lui donnoit pas de nouvelles marques de son auiitie dans une occasion si decisive ; et que de ce commencement dependoit tout le bonheur de son maitre. Jcdis a Milord Rochester, qu'il s'etoit passe tant de choses considerables, et imprevues, depuis quelques jours, qu'il seroit imprudent a un etranger comme moi de vouloir former des jugemens sur ce qui est a faire dans la APPENDIX. xxi conjoncture presente ; que le mot de parlement ne me faisoit point de peur, que je savois, par experience, qu'ils n'avoient de force qu'autant que leur en donnoit uue cabale de cour, et une intelligence avec les ministres; que je connoissois la difference du temps passe, a celui-ci, et avec quelle fermete le nouveau Roi d'Angleterre seroit porte par son naturel a con- duire les affaires ; que je voyois bien qu'il est dans une conjoncture deli- cate et fort perilleuse ; que je ne pouvois cependant qu'approuver la resolution prise de se maintenir dans la possession de tout le revenu du Roi d'Angleterre; que la convocation d'un parlement donneroit beauconp d'esperance aux anciens ennemis de M. le Due d'York et de la royaute, qu'ils employeroient toute sorte d'artifice pour le jetter dans des embarras, dont il ne se pourroit tirer ; qu'on ne lui accorderoit rien qu'a des condi- tions fort dures, et qu'il seroit alors egalement perilleux de les accorder, ou de les refuser ; que, cependant, je ne manquerois pas de rendre compte a V. M. de I'etat des affaires, et de ce qui m'a ete dit sur le besoin present d'un secours considerable ; qu'autrefois une pareille demande auroit paru incompatible, avec le dessein d'assenibler un parlement : que V. M. etoit prevenue de beaucoup d'estime et de confiance pour le Roi d'Angleterre ; que j'avois ete assez heureux pour executer avec quelque succes les ordres que j'avois regus de V. M. sur son sujet; qu'il en etoit meilleur temoin que personne, puisque c'etoit avec lui que j'avois traite pour la conservation du droit de M. le Due d'York a la couronne, et pour son retour d'Ecosse, et pour son retablissement dans les conseils, et dans la fonction de I'amiraute; que j'etois fort aise de traiter presentement avec un ministre aussi accredite quil etoit aupres d'un grand Roi, dont il a I'honneur d'etre beau-frcre, et que la conduite qu'il a tenue avec moi pendant qu'il avoit la direction des finances, avoit donne beaucoup d'estime pour lui a V. M. II repondit a cela en des termes pleins de respect, et me dit, Me voila encore employe a vous demander de I'argent. Je ne le ferois pas si har- diraent, si je ne croyois, que ce sera de I'argent bien employe, et que le Roi votre maitre n'en sauroit faire un meilleur usage ; soyez assure que vos ennemis, et ceux du Roi mon maitre seroient fort aises que Ton ne lit rien de considerable en France pour lui en une occasion comme celle-ci. Representez bien au Roi votre maitre la consequence de mettre le mien en xxii APPENDIX. etat de n' avoir besoln que de son amitie, et de ne pas dependre de ses sujets, ensorte qu'iis puissent lui donner la loi. Voila, Sire, le recit exact de ce qui s'est passe ici jusqu'a aujourdhui. Je ne serai pas assez hardi pour former des jugemens certains surl'avenir. I'Angleterre est sujette a trop de revolutions, et a de trop grands change- ments, pourpouvoir predire ce qui arrivera. II me paroit, par tout ce que je puis penetrer, que les factieux n'ont pas abandonne lenr desseins, et que les esprits ne sont pas revenus de leur aversion pour la Religion Catholique. Ceux qui ont offense M. leDuc d'York, et qui I'ont voulu perdre, croient, qu'il s'en souviendra toujours, et qu'il ne leur pardonnera pas ; cependant tout paroit calme, et c'est un grand avantage pour sa Majeste Britannique. que d'entrer paisiblement en possession de sa couronne, et des revenus, qui sont necessaires pour la soutenir, L'utilite presente qu'on pent tirer de la convocation d'un parlement, c'est que cela contiendra ceux memes qui ont des desseins de brouiller, parcequ'ils croiront en avoir un pretexte plus plausible quand le parlement sera assemble. Si j'ose dire mon avis a V. M. je crois qu'elle commencera par des temoignages d'amitie et de confiance au Roi d'Angleterre. J'attens de jour a autre une lettre de change de 50,000 livres, qui, jointe i une autre de pareille somme, qui est deja ici, me mettra en etat defaire un paye- mentde cent mille francs: je ne le ferai pourtant point sans un ordre expres, et je ferai en sorte qu'on approuvera ici que je ne me dispense pas des regies dans un temps auquel rien ne paroit qui puisse troubler le Roi d'Angleterre. Je me donnerai I'honneur par le premier ordinaire de rendre compte a V. M. de I'effet qu'aura produit le bruit de la convocation d'un parlement. J'essayerai de penetrer les desseins des ministres, et les divers motifs de chacun d'eux. lis ont ete bien aises d'avoir seuls part a la resolution d'assembler un parlement, mais I'entreprise de se saisir des douanes et des revenus de I'excise, qui devroient finir par la mort du feu Roi d'Angleterre, causera une grande rumeur, et fera juger aux plus senses, que le Roi d'An- gleterre veut plaider les mains garnies. Je n'obmeltrai aucun soin pour etre bien informe de tout, afin que V. M. me commande ce qui sera de son service. Si elle juge a-propos, de faire promptement passer ici une somme considerable, je ne donnerai pas d'avantage pour cela, et ne ferai APPENDIX. xxili rien de mon chef, a moins que je ne visse une rebellion formee, et qu'il futd'une absoluenecessite defournir un prompt secours auRoi d'Angleterre. II est, autant que je le puis juger, fort important que V. M. veuillebien approuver des facilites sur I'affaire de Tordonnance, qui defend aux vais- seaux Anglois de transporter des marchandises des Genois, Je ferai le meilleur usage qu'il me sera possible des ordres, que j'attens de V. M. sur cela. La depeche du 9e. Fevrier de M. le Marquis de Croissy a deja, produit un tres-bon effet. Si les ordres que je recevrai ne sont pas suf. fisans pour accommoder I'afTaire a I'entiere satisfaction de sa Majeste Bri- tanniquc, j'attendrai que V. M. ait ete informee de toutce qui est arrive, et je trouverai bien moyen de gagner du temps, jusqu'a ce que j'aye regu de nouveaux ordres. V. M. juge assez, qu'il est de consequence que le. regne du Roi d'Angleterre ne commence pas par une mesintelligence entre V. M. et lui. Le fonds de I'affaire ne subsiste plus, puisque les Genois se sont soumis a tout ce qui V. M. leur a prescrit. Le Roi d'Angleterre m'a dit ce soir, Je vous ay envoye Milord Rochester, et je n'ai point fait de diflBcult6 d'exposer au Roi votre maitre le besoin que j'ai de son assistance; vous savez en quel etat je me trouve, et combien la conjoncture est importante pour moi. II m'a dit ensuite, que par les dernieres lettres de Bruxelles, on y attendoit M. le Due de Monmouth, et que I'ambassadeur d'Espagne lui avoit demande ce matin de quelle ma- niere il desiroit qu'on traitat avec M. le Due de Monmouth; qu'il lui avoit repondu, que tout le monde savoit la conduite qu'a tenue M. le Due de Monmouth a son egard, et que ce n'etoit pas a lui a rien conseiller sur ce que le Roi d'Espagne, ou ses ministres, croient devoir faire ; qu'ils avoient leurs ordres, ou qu'ils en recevroient de nouveaux, et que c'etoit a eux de juger ce qui convient au service, et a la dignite de leur maitre. On a arreste a Douvres un domestique fort confident de M. le Due de Mon- mouth, qui s'appelle Jean Guibring ; il venoit de Flandres : il en etoit parti avant la maladie du feu Roi d'Angleterre ; on croit pourtant de- couvrir quelque chose par lui. Le Roy d'Angleterre m'a charge ce soir d'une lettre de sa main pour V. M. Je suis avec le profond respect que je dois, 8cc. 19 Fevrier, 1685. BARILLON. APPENDIX. Le Roi a M. Barillon. 20 Fevrier, 1685. JVloNsiEUR Barillon, vos deux lettres des 12, 17, ib. de ce mois m'ont etes rendues par le courier que vous m'avez depeche, et j'ay appris avec etonnement et un deplaisir bien sensible la mort si subite du Roi d'Angle- terre ; ce n'a pas ete neanmoins une petite consolation pour moi, d'etre in- forme par ces memes lettres, de toutes les graces que Dieu a faites ace prince sur la fin de ses jours, et du bonheur qu'il a eu d'en profiter si dignement. [On tiendra cependant fort secret de ma part toiU ce que sest passe dans ses derniers moments J] Je vous addresse la lettre que j'ecris de ma main au Roi son frere, et vous ne sauriez trop lui exprimer en la lui rendant de'ma part, combien je ra'interesse a tout ce qui le louche, et le plaisir que je me ferai tousjours de procurer ses avantages et sa satisfaction. Observez bien quelle est la disposition presente des esprits tantala cour, oil vous etes, que dans la ville de Londres, et a la campagne ; quel mouve- ment se donnent les cabales opposees a I'autorite royale, et a la Religion Catholique ; quelles sont les intrigues du Prince d'Orange et du Due de Monmouth ; qui en sont les principaux promoteurs ; si leurs factions sont puissantes; quelles mesures prend le Due d'York. [Quelle peut etre la force du party Catholique en Angleterre.] Sur le fait de la religion, s'il pretend faire une proclamation, qui donne le libre exercise a chaque religion, et par consequent aux Catholiques? S'il ne fera pas mettre en liberte les Seigneurs Catholiques detenus dans la Tour; a qui le dit Roi distribuera les principales charges; quelles mesures il prend pour s'assurer des ports de mer,et places les plusimportantes; s'il peut se confieraux troupes entretenues aux depcns de la couronne ; si les principaux commandans sont fort attaches a ses interets; qui sont ceux dont il se doit deficr, ou sur qui il peut faire un fondcur certain? [Qiiel changement ilfait parmi les ojfficiers des diles troupes; quel est lefonds, quil a pour les entretenir.] Ainsi appliquez vous a etre parfaitement informe, et a me rendre un APPENDIX. XXV compte exact de tous les moyem, qu'a le dit Roi de malntenir son autorite, et de tout ce qu'il doit apprehender, ensorte que je puisse etre bien averti, et je formerai mes resolutions sur vos avis. Comme je suis tres-satisfait de la conduite que le Comte de Sunderland a tenue, depuis qu'il est rentre dans I'administration des affaires, vous devez lui rendre aupres du Roi d' Angleterre tous les bons oflSces qui dependront de vous, et meme faire connoitre, si vous le jugez necessaire, que sa con- servation me sera tres-agreable. Vous pouvez aussi assurer la Duchesse de Portsmouth de la continuation de ma protection. Je viens de donner ordre qu'on vous fasse remettre presentement par lettres de change jusqu'alasomme de cinq cens mille livres, afin que vous puissiez assister le Roi d' Angleterre, selon les plus pressants besoins qu'il en pourra avoir dans le commencement de son gouvernement, m'assurant que vous vous conduirez en cela, avec toute la prudence necessaire pour rendre ce secours le plus utile qu'il le pourra, au bien de ses affaires, et le lui faire considerer comme une preuve la plus essentielle de mon amitie, qui va au-devant de ce qui lui peut etre necessaire dans la conjoncture presente. Je ne doute pas, qu'il ne soit assez porte, par son propre interet, a empecher que le Prince d'Orange, ou le Due de Monmouth, ne passent en Angleterre ; mais si, contre mon opinion, il vous paroissoit dispose a y consentir, vous ne sauriez trop lui representer, combien il lui importe de prendre de bonnes mesures, pour empecher qu'ils ne puissent y aborder, et se joindre aux cabales opposees a I'affermissement de son autorite. En un mot, les desseins du Prince d'Orange non seulement sont incompa- tibles avec la surete de sa personne et de son etat, mais aussi avec les liaisons qui peuvent s'entretenir avec les Rois de France et d'An- gleterre. Je recois encore presentement par la voye de Londres, vos lettres de 12, 14, et 15 '. qui m'informent principalement descirconstances de la ma- iadie et de la mort du feu Roi d'Angleterre ; et comtae dies me; font voir aussi que la fermeture des ports n'avoit ete ordonnee qu'afin d'empecher que le Prince d'Orange ou le Due de Monmouth ne prissent pr^texte de la maladie du feu Roi pour passer en Angleterre, je ne doute.- pas quele Roi d xxvi APPENDIX. a present regnant ne prenne encore plus de soin, a empecher qu'aucun d'eux n'y aille susciter de nouveaux troubles centre son gouvernement; et il ne pourroit point se relacher sur cette precaution sans se faire un preju- dice considerable, et s'exposer a de grands perils. Dans I'etat present des aflfaires d'Angleterre, je n'ay pas cru pouvoir charger Milord d'Aran d'une lettre pour le Roi, d'autant plus, que celle que je lui ay ccrite sur notre aflBiction commune, et sur son avenement a la couronne, etoit meme contre F usage, et que ce n'etoit que par un pur motif d'amitie,que j'ay passe par-dessusles regies, qui m'auroient oblige d'attendre qu'on m'auroit fait part de ce changement ; c'est pourquoi je desire, que vous informiez le Roi de la raison pour la quelle je n'ai pas donne des lettres au Milord ; et qu'au surplus vous lui rendiez tous les bons oflBces que vous pourrez, pour lui procurer aupres du nouveau Roi tous les avan- tages qui lui peuvent convenir, le regardant comme une personne qui a tousjours fait paroitre tout I'attachement pour le service du Roi, que lui pouvoit permettre le zele qu'il avoit pour le feu Roi d'Angleterre, et qu'il continuera d'avoir pour le Roi d'a-present. Je ne reponds point aux articles de votre lettre qui regardent les plaintes que font les Anglois au sujet de quelques vaisseaux de cette nation qui ont etepris et amenes a Toulon; car je m'assure que les ordres que j'ai donnes pour les faire relacher, et tout ce que je vous ai ecrit, aura pleinement satisfait le Roi d'Angleterre, et fait cesser tout sujet de plainte de ses sujets. Le Roi a M. Barillon. 26 Fevrier, I685. iVloNSiEUR Barillon, votre second courier m'a rendu vos lettres des 18 et 19* de ce mois, dont la premiere m'informe exactement de tout ce qui s'est passe de plus considerable pendant les quatres jours de la maladie du feu Roi d'Angleterre, et I'autre, de la resolution qu'a prise le Roi d'a-pr6sent de convoquer un nouveau parlement, et de I'assembler dans le mois de Mars prochain. Je n'avois rien a desirer sur le premier point, a quoi vous n'ayez pleinement satisfait ; je vous dirai aussi, qu'apres avoir APPENDIX. xxvii donne des marques particulieres au Roi d'Angleteire, de la part que je prenois a sa douleur, je I'ai temoigne aussi publiquement, en faisant cesser d'abord dans ma cour les divertissements de bal et d'opera, et en prenant ensuite le deuil, que j'ai resolu de porter aussi long- terns que le feu Roi I'a garde pour la mort de la feue Reine mon epouse. Vous avez vu par ma depeche du 20' de ce mois, que j'ai prevenu la demande qui vous a ete faite par le Roi d' Angleterre d'un secours d'argent, et que vous etes presentement en etat de le faire au-dela de ce qu'il pouvoit esperer. J'approuve aussi la resolution qu'il a prise de convo- quer un nouveau parlement, pour I'assembler au mois de Mars, et les rai- sons sur lesquelles il se fonde me persuadent qu'il ne pouvoit pas prendre, un meilleur parti, ayant d'ailleurs trop bonne opinion des sa sagesse, pour douter qu'il puisse rien arriver qui soit capable de le detacher des liaisons qu'il a prises avec moi. Comme le Sieur D'Avaux m'ecrit que le Due de Monmouth est parti de la Haye la nuit du 20". fort secretement, pour passer en Angleterre, je m'assure que j'apprendrai par vos premieres lettres quelles mesures aura prises la Cour ou vous etes pour s'opposer aux desseins que pent avoir ce Due, et que vous me pourrez donner en memes temps une partie des eclaircissements que je vous ai demandes par ma depeche du 20% y ayant bien de I'apparence que les cabales du Prince d'Orange et du Due de Monmouth ne demeureront pas sans action dans ce commencement de regne, et qu'il pourroit aussi etre trouble par les differentes sectes, qui ont interet d'empecher I'etablissement de notre religion. J'ai fait choix du Marechal de Lorge pour aller faire compliment au Roi d' Angleterre sur son avenement a la couronne, et sur la mort du feu Roy son frere. Je ne puis pas douter que la cour ou vous etes ne soit satis- faite de ce que je vous ai mande par ma depeche du 12', et par la prece- dente, au sujet des vaisseaux Anglois qui font leur commerce avec la ville de Genes, et j'ay donne ordre que le dernier qui a ete envoye a Toulon soit relache, et qu'a I'avenir il n'y en ait aucun qui soit detourne de sa route, ensorte qu'aussitot que mes ordres auront pu etre rendus a ceux qui commandent mes vaisseaux, il n'arrivera plus rien qui puisse donner sujet de plainte aux Anglois. xxviii APPENDIX. Je vous envoye nne lettre pour J a Duchesse de Portsmouth, et vous poit- vez lui confirmer, en la lui rendant, les assurances que je lui donne de ma protection. M. Barillon au Roy. 26 Fevrier, 168 5. J E recus avant hier la depeche de votre Majeste du 20 de ces mois, par le retour du courier que j'avois depeche ; j'allai a I'instant trouver le Roi d'Angleterre ; je lui donnai la lettre de la main de votre Majeste, qu'il eut la bonte de me faire lire ; il me parut recevoir avec une entiere sensibilite les temoignages de I'amitie de votre Majeste ; je crus n'en devoir pas faire a deux fois, et ne pas differer a I'informer du soin que votre Majeste avoit eu, d'assembler en si peu de tems des lettres de change pour la somme de cinq cent mille livres, et de me les envoyer afin que j'en puisse faire I'usage qui conviendroit a son service. Ce Prince fut extremement slirpris, et me dit, les larmes aux yeux, " II n'appartient qu'au Roi votre maitre d'agir d'une maniere si noble et si pleine de bonte pour moi ; je vous avoue, que je suis plus sensible a ce qu'il fait en cela, qu' a tout ce qui pent arriver dans la suite de ma vie ; car je vois clairement ie fonds de son coeur, et combien il a envie que mes affaires prosperent ; il a ete au-devant de ce que je pouvois desirer, et a prevenu mes besoins ; je ne saurois jamais re- connoitre assez un tel precede ; temoignez lui ma reconnoissance, et soiez garant de I'attachement qui j'aurai toute ma vie pour lui." Je ne saurois, Sire, exprimer quelle joie eut ce Prince de voir une si prompte et si soiide marque de I'amitie de votre Majeste, et la prompti- tude avec la quelle votre Majeste avoit envoye une somme aussi conside- rable. Je lui dis, que pour ne rien derober a ce qu'il devoit a votre Ma- jeste, je lui avouerois franchement, que dans le trouble ou je me trouvois au moment de la mort du feu Roi d'Angleterre, je n'avois songe qu'a de- pecher un courier pour en informer votre Majeste, et que je ne lui avois pas represente combien il importoit de lui envoyer un prompt secours ; que si en cela j'avois fait un manquement, il etoit bien repare par ce que votre Majeste a fait. Le Roy d'Angleterre m'interrompit, et dit, qu'il APPENDIX, xxix ne pouvoit assez admirer la prevoyance de votre Majeste, et le soin de lui donner si promptement une marque si essentielle de son amide ; que votre Majeste n'y seroit point trompee; et qu'il se souviendroit de ce qu'elle fai- soit pour lui afFermir la couronne sur sa tete. Des que je fus sorti, il s'enferma avec Milord Rochester, Milord Sun- derland, et Milord Godolfin, et leur conta ce que je lui avois dit de la part de votre Majeste, en des terrnes qui ajoutent encore a ceux dont il s'etoit servi avec moi. lis vinrent I'un apres I'autre me dire a I'oreille que j'avois donne la vie au Roi leur niaitre, et que quoiqu'il se tint assure de Tamitie de votre Majeste, cette derniere preuve, donnee si a-propos, I'obli- geoit au-dela tout de ce qu'on pouvoit croire. Je m'attendois bien, que ce que votre Majeste a fait, produiroit un bon efFet, mais je ne croiois pas en recevoir tant de temoignages de recon- noissance, et je vois par la, que peutetre avoit-on voulu inspirer au Roi d'Angleterre quelque crainte que votre Majeste ne feroit pas de grands efforts pour le soutenir. Je dis pourtant cela de moi-meme, car j'ai vu dans tous le discours de sa Majeste Britannique une grande confiance en I'amitie de votre Majeste. Je dois lui rendre compte de ce qui s'etoit passe la veille ; j'eus une con- ference avec les trois ministres. Milord Rochester, comme president du conseil, m'expliqua enpeu demots ce qu'ils avoient en charge du Roi leur maitre de me dire, qui se terminoit a representer a votre Majeste le besoin de ses affaires, et combien il lui importoit d'etre secouru dans le com- mencement de son regne. Milord Rochester entra ensuite dans la discussion du traite fait avec le feu Roi d'Angleterre; nous convinmes de tout, meme de ce qui restoit pour le parfait payement de trois annees de subside echiies. Milord Ro- chester dit qu'il y avoit eu toujours entre lui et moi un differend sur ce compte, en ce qu'il s'etoit attendu, et avoit cru, que votre Majeste donne- roit deux millions par an, pendant trois ans ; qu'il etoit vrai que j'avois dit de mon cote, que je n' avois jamais eu pouvoir de promettre que quinze cent mille livres pour chacune des deux derniers annees ; que cette difficulte n' avoit pas ete terminee; et que Ton n'avoitpas meme parle de la quatrieme annee, qui est presqu'echUe, parcequ'on ne prevoyoit pas que votre Ma- XXX APPENDIX. jeste eut voulu discontinuer un subside au feu Roy d'Angleterre, dont la conduite en tout etoit si agreable a votre Majeste, et s'etoit si peu dementie en toutes occasions. Je repondis a cela, queje ne prendrois pas le parti de rien contester sur des matieres de fait, a moins qu'elles ne fussent entiere- ment constantes ; que je n'avois pu exceder mes pouvoirs, et que je ne I'avois pas fait; ainsi qu'il n'y avoit qu' a s'en tenir a ce dont nous etions convenus ; et que je ne laisserois pas de representer a votre Majeste tout ce qui s'etoit dit par eux, afin qu'elle vit ce qu'elle jugeroit convenable a son service, et au bien des affaires du Roy d'Angleterre. Milord Rochester finit en disant, Nous n'avons jamais eu de contestation, Monsieur I'Ambassadeur et moi ; car comme ce que le Roy son raaitre a fourni, etoit une gratification sans conditions, je u'etois pas en droit de dis- puter sur le plus ou le moins.; je crois pourtant, que ce que nous avons fait ensemble a ete pour le service des deux Roys, et que I'un et 1" autre ne s'en sont pas mal trouves : il ajouta que son sentiment etoit de traiter encore de la meme maniere, et d'etablir une confiance et une liaison pareille a celle qui a deja si bien reussi. Je convins de ce qu'il avoit avance ; j'y ajoutai que quoique le feu Roi d'Angleterre ne se fut pas oblige formellement a renoncer a son traite avec FEspagne il avoit neannioins tenu sur cela la conduite qu'on devoit attendre ; que le Roy d'a-present etoit encore plus libre ; et qu'il n'etoit en aucun fagon du monde oblige a ce traite, de I'exe- cution duquel le Roy son frere avoit juge etre suffisamment dispense. Les trois mlnistres convinrent de ce queje disois, et me dirent, que le Roy leur maitre se tenoit entierement degage de I'obligation, oil etoit entre le feu Roy, quelque legere qu'elle fut, Je promis d'ecrire a votre Majeste efficacement pour favoriser la de- mande, que devoit faire Milord Churchil a votre Majeste, d'un secours pre- sent et considerable. Nous eiimes bier une autre conference par ordre de sa Majeste Britannique, mais il ne fiit plus question de rien de ce qui avoit ete traite dans la precedente. Les ministres s'efforcerent, I'un apres I'autre, de me faire entendre, qu'ils ne croioient plus devoir ni capituler ni discuter les interets du Roy leur maitre avec moi ; que votre Majeste les avoit mis en etatde ne rien dire ; etquun procede si franc et si genereux de sa part avoit oblige le Roy leur maitre a leur donner ordre de me temoigner sa re- APPENDIX. xxxi connoissance, et de me prier dela representer a votre Majeste telle qu'il la ressent ; que Milord Churchil n'avoit autre charge que de remercier votre Majeste, et que pour le surplus, on se remettoit a ce que je connoissois de I'etat des affaires pour porter votre Majeste a faire ce qu'il lui plairoit, jugeant que Ton ne devoit rien demander a un Prince qui a prevenu ce qu'on pouvoit attendre de lui. Le Roy d'Angleterre me parla hier plusieurs fois, et me dit, qu'il est penetre de reconnoissance, et qu'il se croit en etat de ne rien craindre, etant assure comme il Test de I'amitie de votre Majeste. Je me suis peutetre trop etendu sur tout cela, mais il est, ce me semble, a-propos, que votre Majeste connoisse combien sa Majeste Britannique et ses ministres ont ete sensibles a ce que votre Majeste a fait. Je n'ai point encore donne d'argent ; il faut quelques jours pour I'echeance des lettres de change, dont on ne veut pas meme que je presse trop le payement, pour ne pas faire soup- 9onner a la Bourse ce qui se passe ; ainsi je recevrai encore des ordres de votre Majeste, avant que je sois en etat de faire aucun payement consider- able. II ne me paroit pas meme qu'on ait aucune inquietude icy de toucher de I'argent ; on se fie tellement a votre Majeste, que Ton croit I'argentaussi bien chez moi que s'il etoit a Whitehall. Je suis peut-etre trompe, mais je ne pense pas que votre Majeste puisse rien faire qui lui soit de plus grande utilite pour I'avenir, que d'avoir prevenu ce que I'on pouvoit desirer en une occasion si importante. Sa Majeste Britannique me dit encore hier au soir, " Je ne regarde pas I'etat ouje suis, mais I'etat ou je pouvois etre. Tout est paisible en An- gleterre et en Ecosse; mais le Roy votre maitre m'a secouru dans un terns qu'il ne pouvoit savoir s'il y auroit une sedition a Londres, et si je n'en serois pas chasse." Le Roi d'Angleterre fut hier publiquement a la messe dans une petite chapelle de la Reine sa femme, dont la porte etoit ouverte ; cela a faft parler le monde fort ouvertement. II me dit un jour auparavant, qu'il falloit que chacun agit selon son sens, et conformement a son tempera- ment ; qu'une dissimulation de sa religion etoit opposee a sa maniere d'agir ; que les mal-intentionnes auroient pris avantage de sa crainte, s'il en avoit temoigne ; que quand il hazarderoit quelque chose en cela, il se croyoit xxxii APPENDIX. oblige en conscience de professer ouvertement sa religion ; qu'il croyoit que Dieu n'avoit pas permis que le Roy son frere put faire une profession publique de sa religion, qu'un peu avant sa mort, parcequ'il avoit trop craint de se montrer aux yeux des hommes tel qu'il etoit, et que cependant il I'avoit pu faire en diverses rencontres, sans aucun peril ; qu'il espere, que Dieu le protegera, et puisque V. M. le veut soutenir, et lui temoigner une amitie si sincere, il ne croit pas avoir rien a craindre. Ce Prince m'expliqua a fonds son dessein a I'egard des Catholiques, qui est de les etablir dans une entiere liberie de conscience et d'exercice de la Religion; c'est ce qui ne se pent qu'avec du temps, et en conduisant peu- a-peu les affaires a ce but. Le plan de sa Majeste Britannique est d'y par- venir par le secours et I'assistance du parti episcopal, qu'il regarde comme le parti royal, et je ne vois pas que son dessein puisse aller a favoriser les Non- conformistes et les Presbiteriens, qu'il regarde comme de vrais republicains. Ce projet doit etre accompagne de beaucoup de prudence, et recevra de grandes oppositions dans la suite. Presentement on ne sait rien sur cela, que ce que le feu Roi d'Angleterre avoit deja resolu, c'est-a-dire, que tous les Catholiques sortiront des prisons, et on fera des defenses expresses a tous les juges de les poursuivre ny inquieter : c'est ce qui est resolu, et qui sera execute avec fermete. Iln'y a plus aucuns Seigneurs prisonniers a la Tour. Le bruit est fort repandu ici que le feu Roi d'Angleterre est mort Ca- tholique ; on en public meme beaucoup de circonstances, et sa Majeste Britannique ne se met pas en peine de les detruire ; son opinion est, qu'on le sauroit blamer d'avoir aide le Roy son frere a mourir dans la religion dont lui-meme fait une profession ouverte. Cependant, la memoire du feu Roi d'Angleterre est dechiree sur cela par les Protestans zeles, qui lui repro- chent, comme une tromperie, d'avoir fait une profession ouverte d'une re- ligion qu'il n'avoit pas dans le coeur ; quelques-uns disent, qu'il a ete obsede par son frere dans sa maladie, et force a se declarer Catholique Ro- main. Les plus factieux soutiennent qu'on voit clairement a present qu'il y a eu un complot de Papistes, que le feu Roi d'Angleterre en etoit, aussi bien que le Due d'York, et que les soupgons qu'on a eus sur cela sont entierement confirmes. APPENDIX. xxxiii Le corps du feu Roi d'Angleterre fut avant hier porte a Westminster, et enterre sans ceremonie le soir; tous les pairs et les officiersde la maison y etoient ; ils rompirent sur la fosse leurs batons, et les marques de leur charge : hier matin sa Majeste Britannique a confirme tous ceux qui pos- sedoient des charges dont il n'y avoit point pareilles dans la sienne lors- qu'il etoit Due d'York, c'est-a-dire, celles de Grand Maitre, de Grand Chambellan, de Tresorier de laMaison, deControUeur, de Vice Ghambellan, et d'autres officiers qui ont une espece de jurisdiction. Ce n'est pas la meme chose a I'egard des Gentilhommes de la Chambre, de Grand Ecuyer, et de Maitre de la Garderobe ; on croit qu'il en pourvoira ceux qui etoient a lui. La confirmation des officiers de la Maison est assez ap- prouvee du monde. Elle n'est pourtant que pour un temps, et 11 y en |i parmi eux, ou je me trompe, qui ne seront pas toujours conserves. Milord Sunderland a ete fort sensible a ce que je lui ai dit de I'ordre que j'avois de I'appuyer aupres du Roi son maitre, s'il en avoit besoin. Madame de Portsmouth est en inquietude du traitement qu'elle recevra ici sur ses affaires. Ce que je lui ai dit de la continuation de la protection de V. M. lui a donne la seule consolation qu'elle ait eue depuis la mort du feu Roi d'Angleterre. Milord Rochester a ete declare aujourdhui Grand Tresorier, et a pris le baton. Sa Majeste Britannique me I'avoit dit il y a deux jours, et qu'il donneroit, comme il a aussi fait aujourdhui, la charge de Chambellan de la ReJne sa femme a Milord Godolfin, le voulant conserver, aussi bien que Milord Sunderland, dans sa plus etroite confiance. Ils ont dresse tous trois ensemble I'instruction de Milord Churchil, qui est parti ce matin, lis m'ont dit que toute I'instruction se terminoit a remercier V. M. et a lui faire bien comprendre la reconnoissance du Roi leur maitre, de ce que V. M. a ete, de son pur mouvement, au-devant de ce qu'on pourroit lui demander. On avoit dit a la Cour, que les finances demeureroient entre les mains des commissaires, jusque a I'assemblee duparlement; maisle Roi d'Ansamment M. le Marechal d'Humieres aupres de ce Prince, pour lui faire connoitre plus particulierement quels sout mes sentiments sur cet eveucment, et vous lui en pouvez cependant parler en conformite de ce que je vous ecris. Tout le reste de votre premiere lettre ne contenant rien qui ne tende a APPENDIX. cxi m'obliger de donner des secours d'argent au Roy, j'aurois cru que dans le bon etat ou sont a-present ses affaires, il seroit assez inutile de vous faire savoir sur cela mes sentiments. Mais comme je vois par votre derniere que vous insistez encore a ce que je vous laisse un fonds pour les besoins qui peuvent survenir a la Cour ou vous etes, je ne puis m'empecher de vous dire que j'ai ete extrement surpris de voir qu'apres vous avoir instruit de mes intentions par plusieurs de mes depeches, vous n'ayez pas entiere- ment desabuse les Ministres de la Cour ou vous etes de I'esperance qu'ils ont concue avec si peu de raison, que, dans le temps que le Roy leur maitre jouitd'un plus grand revenu qu'aucun de ses predecesseurs, je vou- drois encore epuiser mon epargne, et $acrifier, sans necessite, le fonds q;je je ne m'etois ote a moi-meme que pour donner au dit Roy des preuves plus extraordinaires de mon amitie, au cas que le mauvais etat de ses affaires I'eut oblige d'y avoir recours : elles sont, par la grace de Dieu, maintenant au point qu'il les pouvoit soubaiter, et ainsi je ne puis croire qu'on renou- velle dorenavant les memes instances. Mais si, coptre mon opinion, on vous faisoit encore de semblables sollicitations vous pouvez declarer nette- ment que je n'ai rien epargne pour vous donner moyen d'assister le Roy d'Angleterre, lorsque j'ai eu sujet d'apprehender que la religion Catho- lique dont il fait profession ne servit de pretexte aux factieux pour susciter de grands troubles dans son royaume et pour I'empecher de jouir des revenus qui expiroient par la mort du feu Roy ; mais qu'apres tant de satisfaction que son Parlement lui a donnee, la defaite entiere de ses en nemis, ou plutot de ses sujets rebelles (revokes) et le retablissement de son autorite a un si haut point, j'ai cru avec raison qu'il ne pouvoit avoir aucun besoin de mon assistance, et que je pouvois employer aux autres depenses que j'ai a soutenir, le fonds que je lui avois destine, sans qii'il fut moins persuade de la sincerite de mon amitie ; que si neanmoins, contre toute apparence, et par quelque accident que je ne puis prevoir, il arrivoit qu'il eut un pressant besoin de mon assistance, il ne doit pas douter qu'il neme trouve toujours aussi dispose que je lui ai temoigne, a lui donner des preuves effectives de la part que je prends a tout ce qui le touche. Vous vous renfermerez a cette expression qui doit sufEre pour faire ces- ser des demandes d'argent d'autant moins soutenables dans la conjoncture €xii APPENDIX. presente, que la Cour ou vous etes sait bien que les conventions verbales que vous avez faites avec le feu Roy etoient expirees avant sa mort, et qu'encore que j'aie assez de raison de croire que s'il eut vecu d'avantage, ilauroit ete satisfait des subides que j'ai fait payer jusqu'a la fin de I'annee derniere, sans en pretendre d'avantage, neanmoins je n'ai pas hesite a vous promettre de payer 500,000 livres, qu'on considere au lieu ou vous etes comme reste de subside, lorsque j'ai pu croire que le Roy d'Angle- terre en avoit besoin. Enfin, vous voyez bien que mon intention est que vous ne laissiez a la Cour ou vous etes ancune esperance de tirer de vous le fonds qui est entre vos mains, et qu'au contraire vous devez le remettre incessamment en celles des banquiers, a6n qu'ils le fassent repasser dans mon royaume par toutes les occasions qu'ils en auront. Je m'assure que le dit Roy sera assez excite par sa reconnoissance envers la divine Providence des heureux succes qu'elle vient de lui donner, a retablir dans son royaume I'exercice de la vraie religion que nous pro- fessons, et vous devez aussi aider ces bons mouvements avec douceur et adresse dans toutes les occasions que vous aurez. Le Roy d M. Barillon. a Versailles, Aoui, I685. JVxoNsiEUR Barillon j'ai re^u vos lettres des 23 et 26 Juillet, qui m'informent seulement de tout ce qui s'est passe dans I'execution du Due de Monmouth, et comme il ne faut pas douter que cet exemple ne retienne 3 1'avenir tons les sujets du Roy de la Grand Bretagne dans le devoir, et que, quand meme le nombre des mecontents ne seroit pas diminue, il ne s'en trouvera plus qui ose s'en rendre le chef, et s'elever contre I'autorite royale, il sera facile au Roy d'Angleterre, et aussi utile a la surete de son regne qu'au repos de sa conscience, de retablir I'exercice de la religion Catho- lique, qui engagera principalement tons ceux qui en font profession dans son royaume, a le servir bien plus fidelement, et avec beaucoup plus dt soumission qu'aucun autre de ses sujets ; au lieu que s'il laisse perdre une conjoncture aussi favorable qu'elle Test a present ; il ne trouvera peul-etre jamais tant de disposition de toutes parts ou a concourir a ses desseins, ou APPENDIX cxiii a souffrir qu'ii les execute. Vous devez neanmoins vous contenter d'aider le penchant qu'il y peut avoir, sans lui en faire des instances trop pres- santes qui pourroient etre plutot capables de retarder cette resolution que de I'avancer. Observez bien cependant, queiles sont les mesures qu'il prend avec le Prince d'Orange, et s'il ne se negocie pas quelque traite de nouvelle alliance entre le Roy et les Etats Generaux des Provinces Unies. J'apprends aussi deplusieurs endroits que les Espagnols comptent beau- coup sur le penchant que ce Prince temoigne a favoriser leurs interets, et vous devez bien prendre garde au traitement qu'il fait a I'Ambassadeur d'Espagne, si ce dernier a de plus frequents entretiens, ou avec le Roy ou avec ses Ministres, et s'il y a apparence a quelque renouveliement de traite entre I'Espagne et I'Angleterre. Tachez aussi d'etre bien exactement informe du nombre de troupes et de vaisseaux que ce Prince pretend d'entretenir, et a quoi il les destine. Enfin, vous devez dans cette conjoncture-ci, renouveller votre attention a tout ce qui se passe au^pays ou vous etes, et a m'en rendre un compte exact par toutes vos lettres. Le Roy a M. Barillon. d Versailles^ le 24 Aoui, 16 85. IVl. Barillon, vos lettres des 13 et 16 de ce mois m'informent de la resolution qu'a prise le Roy d'Angleterre de renouveller avec les Etats Generaux les traites d'alliance qu'ils avoient avec le feu Roy son frere, et de toutce qu'il vous a dit sur ce sujet. J'ai ete d'autant plus surpris de la conclusion de cette affaire qu'il ne m'a pas paru, dans toutes vos lettres, qu' on vous en ait donne aucune part; et je trouve que les ministres etrangers ont raison de ne le pas regarder comme une simple formalite, ainsi que la Cour ou vous etes veut vous le persuader. J'estime, au contraire, qu'elle jette par la le fondement d'une ligue qui peut donner courage a ceux qui ne peuvent souffrir le repos dont I'Europe jouit a-present ; que les Etats Generaux, qui vouloient demeurer dans une P cxiv APPENDIX. parfaite neutralite, ou plutot le Prince d'Orange et le Pensionnaire Fagel, parlent a-present d'un renouvellement d'alliance avec I'Empereur, le Roy d'Espagne, et celui de Suede ; que I'Electeur de Brandebourg est sur le point de conclure son traite avec eux, et que cette disposition ou le Roy d'Angleterre temoigne etre de renouveller les traites du feu Roy son frere, non seulement avec les Etats Generaux, mais meme avec I'Espagne, faite dire aux ministres de cette couronne, que ce Prince est deja entiere- ment dans leurs interets. On ajoute meme d'autant plus de creance aux bruits qu'ils en repandent, qu'on salt que le feu Roy d'Angleterre n'etoit entre dans ces engagements que pendant la mesintelligence qu'il y a eu entre moi et lui, et que I'amitie n'a pas ete plutot retablie par la conven- tion verbale que vous avez faite par mon ordre, qu'il a bien fait voir qu'il ne se tenoit plus oblige a ces traites, et qu'il etoit bien eloigne de les vouloir renouveller. Ainsi je ne comprends point par quel motif le Roy d'Angle- terre s'empresse si fort de rentrer dans le meme embarras, principalement dans un temps oii il voit bien que toUs mes desseins tendent a la conserva- tion de la paix, et qu'elle ne pent etre troublee que parde semblables com- mencements de ligue, qui ne peuvent, en quelque maniere que ce soit, con- venir a ses interets. Vous en pouvez meme encore parler dans ce sens, y ayant moins d'inconvenient de temoigner que je ne puis pas etre satisfait de cette resolution, que de la confirmer par un espoir d'acquiescement de ma part; et peut-etre que quand le Roy d'Angleterre verra qu'il me donne par la un juste sujet de mecontentement, ou il ne s'empressera plus de donner la derniere perfection a ce traite, ou il y apportera tant de modifications et de changements, qu'on ne le pourra plus regarder en effet que comme une simple formalite. Mais s'il desire effectivement de con- server mon amitie, il n'entrera dans aucun autre engagement qui puisse y etre contraire, soit directement ou indirectement. J'apprends aussi que le Parlement d'Angleterre a fait une nouvelle et forte imposition sur les denrees et marchandises etrangeres, qui entrent dans ce royaume. Vous ne manquerez pas de me faire savoir au plutot si cette imposition est generale, ou si elle se reduit aux sftules denrees et marchan- dises qui sont portees de mon royaume en Angleterre, et a combien elle se monte. APPENDIX. cxv Continuez a m'informer le plus exactement qu'il vous sera possible de tout ce qui se passe de plus considerable au lieu ou vous etes. Je suis suipris que vous ne fassiez aucune mention dans vos lettres du Comte de Sunderland, quoiqu'on ait ici plusieurs avis de son eloignement en Irlande en qualite de viceroy. Manclez-moi ce qui en est. Conservez ce qui vous reste de fonds entre les mains, sans en remettre aucune partie aux banquiers, jusqu'a ce qiieje vous aie donne de nouveaux ordres. Le Roy a M. Barillon. d Versailles, le 30 Aout, 16 85. JVl. Barillon quoique vos lettres des 20 et 23 de ce mois ne me parlent encore de la negociation qui se fait entre les commissaires du Roy d'An- gleterre et les Ambassadeurs des Etats Generaux, que comme d'une dis- position prochaine a un renouvellement de traite ; neanmoins les dernieres lettres du Sieur d'Avaux du 24 m'assurent que celles des dits Ambassadeurs qui venoient d'arriver d'Angleterre a la Haye, portoient qu'ils venoient de conclure I'acte de renouvellement de ces dits traites ; et la declaration que vous a faite le Comte de Sunderland, qu'on se garderoit bien de rien mettre dans le traite qui puisse engager le Roy d'Angleterre au-dela de ce que I'etoit le feu Roy son frere, est d'aulant moins considerable, qu'on sait bien que le defunt Roy n'avoit contracte ces obligations, que dans le temps qu'il n'etoit pas en bonne intelligence avec moi, et que depuis qu'elle a ete retablie, il ne leur a point donne d'autres intrepretations que celles que je pouvois desirer; au lieu que le Roy d'Angleterre a-present regnant, les renouvellant volontairement, et dans le temps que rien ne I'y oblige, les voudra executer a la lettre, et donnera moyen au Prince d'Orange d'en faire une ligue capable de troubler le repos de I'Europe. Quoiqu'il en soit, il n'est plus temps de faire des remontrances sur ce sujet, et vous ne devez plus les employer que pour empecher le renouvellement d'un traite avec I'Es- pagne, ou avec quelqu'autre Prince ou Etat que ce puisse etre. Le Marechal de Crequy est a-present aupres de moi, et quelque bruit qui se repande a la Cour oil vous etes sur mes desseins, vous pouvez assurer cxvi APPENDIX. le Roy d'Angleterre qu'ils ne tendent qu'4 afFermir le repos que les derniers traites ont retabli dans toute TEurope. Ex trait J'ai fait voir au Roy, Monsieur, la lettre que vous avez pris la peine de m'ecrire par la quelle vous me raandez que, depuis la mort du feu Roy d'Angleterre, vous avez paye au Roy a-present regnant la somme de huit cent mille livres, et qu'il ne vous reste entre les mains que celle de quatre cent qiialre vingt mille livres^ sur laquelle vous devez retenir deux cent mille livres^ d'une part, et soixante deux mille livres d'autre ; mais comme sa Majeste croit que le pouvoir qu'elle vous a donne par ses depeches, a tou- jours ete restraint au seul payement des subsides que vous aviez promis verbalement, en son nom, au feu Roy, et dont il n'etoit du | sa mort que quatre cent soixante dix mille livres^ elle m'a ordonne de verifier, dans toutes ses depeches s'il y en auroit quelqu'une qui vous pe^rmit de faire cette avance de trois cente trente mille livres de plus ; et comme je n'en trouve point dans toutes celles que j'ai ici, je vous prie, Monsieur, de m'eclairer plus parti- culierement la-dessus, et de m'envoyei" meme I'extrait de la depeche de sa Majeste qui vous donne ce pouvoir. Je suis, Monsieur, See. 8cc. Ex trait d'une Lettre de M. Barillon au Roy. 29 Octobre, 1685, a Londres. Il [le Roy d'Angleterre] me mena hier matin dans son cabinet, et me dit qu'il avoit plusieurs choses a me dire pour les faire savoir a V. M. ne voulant rien faire d'important et de consequence dont il ne lui fit part; que la premiere etoit la resolution qu'il avoit prise de ne pas laisser plus longtemps Milord Halifax dans le ministere, et qu'il lui oteroit s?. place de President du Conseil; que je savois que, des le temps du feu Roy son frere, il avoit eu mauvaise opinion de ses sentiments, et de sa conduite, et ne I'avoit pas cru assez attache a la royaute ; que, depuis son avenement a la couronne, il avoit essayede lui inspirer de meilleurs sentiments, etl'obliger a tenir des maximes conformes a celles que doit avoir le ministre d'un Roy, q Gxxii APPENDIX. et meme celles d'un bon sujet ; qu'il avolt vii que le fonds de Milord Halifax ne se pouvoit changer, et qu'ainsi sa resolution etoit prise de ne s'en plus servir, que Ton avoit voulu le detourner de faire cet eclat avant t'assemblee du Parlement, et de se servir plutot de Milord Halifax dans cette Assemblee pour obtenir plus aiscment les choses qu'il desiroit; mais que c'etoit par cette meme raison qu'il vouloit le chasser de son conseil ; que son exemple pouvoit gater beaucoup de gens, et fortifier le parti de ceux qui lui voudroient resister; qu'il connoissoit les inconvenients d'un conseil partage, et de souffrir que ses ministres eussent des sentiments opposes aux siens ; que le feu Roy son frere s'en etoit mal trouve, et qu'il tiendroit une conduite difierente. II ajouta, que son dessein etoit de faire revoquer par le Parlement I'acte du Test, et I'acte de Y Habeas Corpus, dont Tun est la destruction de la religion Catholique, et I'autre de Tautoritc royale ; qu'il espere en venir a bout, que Milord Halifax n'auroit pas eu le courage et la fermete de soutenir le bon parti, et qu'il feroit moins de mal, n'ayant plus de part aux affaires, et etant disgracie. Sa Majeste Britannique me parla encore d'une auire resolution qui doit paroitre avant I'assemblee du Parlement, c'est celle d'envoyerun Ambassa- deur extraordinaire a Rome, jugeant qu'il est de sa dignite, etant Catholique, de faire ce que les Rois ont accoutume a Tcgard du St. Siege. Je remerciai le Roy d'Angleterre de tout ce qu'il m'avoit fait I'honneur de me communiquer. Je lui dis que j'en rendrois compte a V. M. et que j'osois lui repondre par avance que V. M. approuverolt entierement ses resolutions, et auroit beaucoup de joie de le voir en etat d'entreprendre des choses si importantes pour I'avantage de la religion Catholique, et pour raffermissement de son autorite. Sa Majeste Britannique me dit en riant ; " Je ne pense pas que le Roy votre mailre soit fache que j'eloigne Milord Halifax de mes conseils. Je sais bien du moins que les ministres des confederes en seront mortifies, et qu'ils avoient une grande opinion de son credit." Je repondis a cela que j'avois agi de concert avec lui du temps du feu Roy son frere, pour oter du ministere Milord Halifax ; mais que je n'avois pas cru qu'il eut le moindre credit depuis samort; que je convenois cependant que son eloignement des affaires produiroit un bon effet en Angleterre, et APPENDIX. cxxiii dans les pays etrangers pour detruire ropinion que les ministres de la Maison d'Autriche tachent d'y etablir, que la bonne intelligence et Tamitie sont fort diminuees entre V. M. et lui ; que je savois meme que les Ambassadeurs d'Holiande etoient partis depuis deux jours fort persuades que Milord Halifax etoit un des ministres les plus accredites, et sur Tamitie du quel le Prince d'Orange pouvoit faire le plus de fondement. J'ai dit x:eci pour voir sile Roy d'Angleterre me parleroit d'une affaire qui regarde le dedans de la maison du Prince d'Orange, qui n'a pas encore eclate, mais qui sera bientot publique; il ne m'en parla point, et je ne jugeai pas lui en devoir parler le premier, Le jPrince d'Orange a decouvert que le ministre de la Princesae d'Orange, sa nourrice, et une femme de chambre qu'elle aime fort, etoient en com- merce avec Skelton, et I'avertissoient de tout ce qui venoit a leur cpnnois- sance de plus secret. Cela a ete su du Prince d'Orange par une lettre qui a passe par les mains de Dalonne, secretaire de la Princesse d'Orange. Le Prince d'Orange a pris cette affaire avec tant d'aigreur, qu'il a chasse le ministre, la nourrice, et la femme de cbambre, et les a renvoyes a la Haye: je ne sais meme s'ils ne sont point deja partis pour I'Angleterre. Le Roy d'Angleterre me paroit, de son cote, fort aigri, et croit que le Prince d'Orange marque clairement sa mauvaise volonte a son egard, d'etre si trouble que son ministre ait connoissance[de ce qui se passe dans la maison de sa fille et de son gendre. Je n'ai pas presse le Roy d'Angleterre de me dire le nom de rAipibas- sadeur qu'il envoye a Rome, afin de lui laisser toute la facilite de s'expli- quer avec moi en confiance, sans lui faire croire que je veuilie savoir plus qu'il n'a envie de me dire; mais j'ai su d'ailleurs que c'etoit le Comte de Castelmaine, mari de Madame la Duchesse de Cleveland. Je ne doute pas que V. M. ne fasse la meme reflexion que je sais avoir ete faite par ceux qui ont apprls ce choix. II semble d'abord qu'il y ait quelque ridi- cule a envoyer un homme si peu connu par lui meme, et si connu par Ma- dame de Cleveland. Le Roy d'Angleterre ne s'est point arrete a cela; et I'a choisi parce que les Catboliques ont une grande confiance en lui, qu'il a fait plusieurs voyages enltalie, qu'il le croit fort habile et fort zeleCatholique, 8cc, Je suis, kc. APPENDIX. Extrait d'une Lettre du Roy a M. Barillon. 6 JYovemhre, 1685, a Fontainebleau. 1l [le Roy d'Angleterre] a raison de croire que Milord Halifax n'ayant aucune religion, ne peut pas etre un ministre fortfidele et fortaffectionne au maintien de I'autorite royale. Le dit Roy ne peut employer plus utilement pour lui ses soins et son pouvoir, qu'a faire revoquer par le Parlement, I'Acte qu'ils appellent du Test, qui oblige ses sujets de faire des serments si horribles, et si contraires a ce qu'on doit a Dieu et meme a la royaute. II n'est pas moins important aussi pour la maintenir de I'oter de Terabarras que lui donne ce second acte que vous appellez Habeas Corpus, et j'ap- prendrai toujoiirs avec plaisir qu'il ait reussi dans ces deux projets. J'avois deja appris I'eloignement des domestiques de la Princessc d'Orange ; et j'ai bien cru que le Roy d'Angleterre n'agreeroit pas qu'on leur lit un crime de I'informer par son ministre des nouvelles de la sante de sa fiUe, et de I'etat de ses affaires. M. Barillon au Roy. 5 JYovcmbre, I685, a Londres. On fait beaucoup de diJBTerentes reflexions sur la disgrace de Milord Halifax. II a declare a ses amis qu'il n'auroit pas voulu s'engager a soulenir les desseins que sa Majeste Britannique a pour le prochain Parlement, et qu'il avoit mieux aime se retirer de la cour, que de demeurer a condition de se declarer ouvertement pour tout ce que Ton entreprendra de faire eu faveur des Catholiques, et pour raugmentation de Tautorite royale. Beau- coup de gens disent que le Roy d'Angleterre auroii mieux fait d'engager insensiblement Milord d'Halifax a seconder ses desseins, et a s'en servir pour menager dans le Parlement ce qu'il en voudra obtenir, que de le disgracier seulement parce qu'il ne veut pas entrer dans des mesures opposees aux lois etablies, et a tout ce que les Anglois ont le plus avant APPENDIX. cxxv enracine dans le cceur : mais sa Majeste Britannique raisonne fort differem- ment, et croit que rien ne seroit si dangereux pour le bien de ses affaires, que de conserver un ministre qui a des sentiments et des principes opposes aux siens, et qu'il est meme apropos qu'on connoisse, que le seul moyen d'etre bien a la cour, est de conserver ses bonnes graces, est de suivre aveuglement ses volontes, et d'avoir un attachement a ses interets qui ne soit sujet a aucune interpretation ni reserve. Get incident est regarde aussi avec beaucoup d'attention des ministres etrangers ; ceux qui sont ici les mieux informes ne croyoient pas que Milord Halifax eut un grand credit ; rnais la plupart s'imaginoient que son credit augmenteroit a mesure que le Roy d'Angleterre entreroit dans des mesures opposeesacelles que le feu Roy son frere etlui, ont tenues jusques a-present. Milord Halifax prenoit grand soin de flatter les esperances de ceux qu'il connoissoit desirer que sa Majeste Britannique s'unit etroitement avec le Prince d'Orange, et se relachat un peu d'une liaison trop etroite avec V. M. On pretendoit etendre cela dans la suite a une entiere separation de vos interets et des siens. Ce projet etoit soutenu par Milord Halifax, qui croyoit bien que, tant que V. M. et le Roy son maitre seroient en bonne intelligence, il n'auroit pas une grande part dans sa confiance ; mais que venant a s'alterer, les autres ministres perdroient quelque chose de leur credit, et que le sien augmenteroit. Les Ambassadeurs d'Espagne et d'HolIande I'ont regarde comme leur principal eonseil depuis quelques annees, et aidoient ^ fortifier le bruit repandu dans les pays etrangers, que Milord Halifax avoit beaucoup de part aux resolutions qui se prennoient. Le secretaire du Comte de Toun qui est demeure ici avec la quallte de secretaire de I'Empereur, ne s'est pu retenir de dire a plusieurs personnes, qu'il etoit fort etrange que le Roy d'Angleterre chassat Milord Halifax de son eonseil, apres 1' obligation qu'il lui avoit d'avoir soutenu avec tant de force son parti, ou plutot son droit, dans le Parlement, lorsqu'il etoit question de I'exclusion. Ge discours est revenu au Roy, qui I'a trouve fort a redire. La verite est, que Milord Halifax, pour entrer dans la confiance du feu Roy d'Angleterre, soutint fortement la succession contre Milord Schafbery, et se trouva lors a la tete de ceux qui s'opposerent dans la Chambre Haute au Bill d'Exclu- exxvi APPENDIX. sion contre M. le Due d' York, qui avoit deji pass6 dans la Ghambre Basse: Hiais des le lendemain que ce Bill d'Exclusion fut rejete, Milord Halifax proposa des temperaments contre le Due d'York, plus ruineux pour lui que I'Exclusion. Le principal etoit un banissement perpetuel pendant la vie du feu Roy, et de si grandes restrictions a son autorite, en cas qu'il vint a la couronne, que Ton jugea ces conditions plus dangereuses et moins admissibles que I'exclusion. Depuis cela Milord Halifax s'est toujours declare ouvertement contre M. le Due d'York, et s'est oppose a tout ce qui a et€ de ses avantages. On m'a assure que la Reine Douairiere ne conservera pas a Milord Ha- lifax la charge qu'il a de son Chancelier, et lui-meme ne juge pas la pouvoir garder : il est pourtant assez bien aupres d'elle, et a fait donner la charge de Tresorier de sa Maison au Sieur Tin, son cousin. A-present que I'assemblee du Parlement approche, on commence a parler dans Londres des matieres qui seront agitees dans cette assemblee : il est encore diflficile de juger quel en sera le sUcces ; car quoique le plus grand nombre des deputes paroissent bien intentionnes pour sa Majeste Britan- nique, les Actes du Test^ et d" Habeas Corpus sont regardes par tous les Anglois comme les remparts de la religion Protestante, et des privileges de la nation. Le Roy d'Angleterre espere venir a bout de les faire revoquer; autrement ce seroit une imprudence de Tentreprendre, et de se trouver oblige de separer le Parlement, sans en avoir obtenu ce qu'il croit neces- saire pour raffermissement de son autorite. Le retablissement des Pairs CathoHques sera une suite de la revocation du Test, et aussi la confirmation des officiers de guerre, et de la Maison qui sont Catholiques. Tout cela est regarde comme tres-important, et presque tous les Anglois voient avec grande douleur que I'autorite royale prend tous les jours de nouvelles forces, et que les loix etablies contre la religion Cathollque ne pourront s'etablir sous le regno d'un Roy qui en fait une profession ouverte. L'eveque que le Pape a envoye ici est arrive ; il n'y Cera point encore defonction publique; mais son arrivee n'est pas secrete. Le Roy d'Angle- terre me paroit fort content de lui. Tous les ecclesiastiques seculiers d'Angleterre sont soumis a sa direction. Son titre est in partibiis. Milord Preston est Chancelier de la Reine Douairiere a la place de Milord APPENDIX. cxxvii Halifax. La charge de Chambellan, vacante par la mort du Comte d'Ailesbury, a ele donnee au Gomte de Mangraf [Mulgrave] ; et la charge deGentilhomme de laChambre, qu'avoit Milord Mangraf, a Milord Brousse, qui est a- present Comte d'Ailesbury par la mort de son pere. Le Sieur Corniche a ete execute, et une femme nomme Gaunt, agee de soixante ans, brulce pour avoir retire des rcbelles chez elle. J'envoye a votre Majeste la copie du Memoire qui a ete donne a Milord Sunderland par I'Ambassadeur d'Espagne. Je suis, 8cc. Le Roy cu M. Barillon. 16 JVovembre, 1685* JVl. Barillon, votre lettre du 5 de ce mois m'informe des differents raisonnements qu'on fait au lieu oii vous etes sur la disgrace dc Milord Halifax: mais quelque effet qu'elle puisse produire, vous jugez bien qu'il ne pent etre que fort avantageux a mes inlerets qu'un ministre si devoue a ceux d'Espagne, et si contraire a la religion Gatholique, soit eloigne des conseils du Roy d' Angleterre, et je m'assure aussi que cet acte de fermete augmentera encore I'autorite du dit Roy, et rendra meme I'assemblee du Parlement plus soumise ace qu'il desirera d'elle. Je laisse a votre prudence a rinfbrmer de mes sentiments sur ce sujet, si vous le jugez a-propos. Quelque repugnance que puissent avoir les Anglois a soufTrir quelque changement dans les deux points qu'ils croient etre si essentiels a la conser- vation, tant de la religion Protestante, que de leurs droits et privileges, ils sent neanmoins d'ailleurs d'une si grande consequence pour le succes des desseins que le dit Roy a formes, qu'il a grande raison d'employer toute son autorite a les obtenir. II y a d'autant plus d'apparence aussi qu'il y reussira que I'etat paisible ou est aujourdhui toute I'Europe, ne laisse envisager aux factieux aucune ressources ni desirer aux bien intentionnes une conjoncture plus favorable. Le memoire que I'Ambassadeur d'Espagne a remit entre les mains du Comte de Sunderland, ne regarde que ce qui est du a des parliculiers par les Etats de Haynault, et n'est pas capable de produire de nouveaux troubles* cxxviii APPENDIX. Mais les continuelles contraventions que lesEspagnols font au traite de treve, par les prises et enlevement des vaisseaux de mes sujets, pourroient leur attirer de plus.facheuses suites, s'ils ne rendentau-plutotce qu'ils ont pris. Je regois encore presentement votre lettre du 8, avec le memoire des payements que vous avez faits depuis la mort du feu Roy d' Angleterre ; et apres que j'aurai fait examiner s'il se rapporte au compte que vous avez ci-devant envoye des payements faits par vos ordres jusqu'a la raortdufeu Roy d'Angleterre, je vous ferai savoir mes sentiments sur cet article. J'apprends detoutes parts que le Roy d'Angleterre temoigne une grande disposition a entrer dans toutes sortes d'engagements contraires a mes interets. L'on me confirme encore I'avis que je vous ai deja donne que le Roy Catholique envoye a son Ambassadeur en Angleterre le pouvoir de conclure une ligue avec la Cour oii vous etes, sur les assurances que ce . ministre a donnees qii'il y trouveroit dans la conjoncture presente de tres- grandes facilites. Vous devez neanmoins temoigner au Roy d'Angleterre que je suis persuade qu'il rejettera si loin les propositions de ligue que ce ministre pourroit faire, que la Cour d'Espagne sera bientot desabusee de I'esperance qu'elle a eue d'un bon succes dans cette affaire. II me paroit par tout ce que vous m'eci ivez que le Roy d'Angleterre n'a pas sujet d'etre content du Prince d'Orange ; et il est a souhaiter, pour le maintien de la paix, et pour le bien de notre religion, qu'il n'y ait pas entre eux une plus grande intelligence. Exlrnil (Tune Lettre de M Barillon au Roy. 12 A^ovembre, ICS5, o Londres. Le Roy d'Angleterre m'a dit qu'il en etoit persuade et fort aise [il s'agit ici du desir que temoignoit et quavoit Louis Xlf^. d'offermir le repos donl jouissoil alors V Europe\ que je voyois combien il lui importoit qu'il n'arrivat pas de rupture entre V. M. et le Roy d'Espagne, et que jesavois quels avantages cela donneroit a ceux qui veulent traverser ses dessems a regard de la religion Catholique. Le Chevalier Trumball est parti pour France. Le Roy d'Angleterre APPENDIX. cxxix m'a dit iqu'il lui avoit donnedes instructions et des ordres precis d'apporter tous ses soins pour la continuation d'une bonne intelligence avec V. M. J'ai prie sa Majeste Britannique de lui ordonner sur tout de ne se point meler des affaires qui regardent ceux de la religion pretendue reformee ; je ne doute pas que cela n'ait ete fait ; et autant que j'en puis juger sur ce que m'a dit le Sieur Trumball, il se conduira d'une maniere dont V. M. aura sujet d'etre satisfaite. Tous les projets et les plans se forment a I'egard du Parlement. II est certain qu'on y agitera des matieres fort importantes : on ne sauroit encore juger de revenement. Le Roy d'Angleterre espere venir a bout de la plupart des choses qu'il demandera, et il paroit resolu de ne se point relacher de ce qu'il desire obtenir pour I'avantage des Catholiques, et pour raffermissement de son autorite. La defiance est grande dans le parti des Protestants zeles : ils connoissent bien que de ce qui se passera dans cette ses- sion, depend a I'avenir la surete de la religion Protestante. Les Catholiques ne sont pas touta-fait d'accord entre eux : les plus habiles, et ceux qui ont le plus de part a la confiance du Roy d'Angleterre, connoissent bien que la conjoncture est la plus favorable qu'on puisse esperer, et que si on la laisse echapper, elle pourra bien n'etre de si longtemps si avantageuse. Les Jesuites sont de ce sentiment, qui sans doute est le plus raisonable ; mais les Catholiques riches et etablis craignent I'avenir, et apprehendent un retour qui les ruineroit ; ainsi ils voudroient admettre tous les tempera- ments possibles, et se contenteroient des plus mediocres avantages qu'on leur voudroit accorder, comme seroit la revocation des loix penales, sans s'attacher a la revocation du Test qui rend les Catholiques incapables des charges et des emplois. Ce parti est soutenu de tous les gens qui favorisent secretement le Prince d'Orange, et leur avis prevaudroit, si les autres ne prennoient tous les soins possibles pour faire comprendre au Roy d'Angleterre que s'il ne se sert de I'occasion, et qu'il n'etablisse presentement ce qu'il a dessein de faire pour les Catholiques et pour lui-meme, il verra tous les jours naitre de plus grands obstacles a ses desseins. Le naturel du Roy d'Angleterre le porte a tenir une conduite ferme et vigoureuse. Ceux de ses ministres qui sont dans les niemes sentiments paroissent augmenter de credit ; I'exemple de cxxx APPENDIX. Milord Halifax fait craindre ceux qui voudroient tenir une conduite moderee, et garder des temperaments. Tout cela forme beaucoup de cabales dans la Cour et dans le Parlement. Le Roy d'Angleterre me parle souvent de ce qu'il veut faire, et me paroit fort resolu de se prevaloir de la conjoncture presente. II me dit toujours que la paix au-dehors lui est entierement necessaire, et me charge de representer cela a votre Ma- jeste, comme une chose decisive pour les avantages de la religion Catho- lique. Je me tiens dans les bornes que V. M. m'a prescrites, et sans m'ingerer de lui rien inspirer de trop vehement, je fortifie la resolution ou il paroit etre de profiter de I'occasion. Je serai applique a penetrer ce qui se passe, et a rendre compte a V. M le plus exactement que je pourrai. II n'y a point eu de seance du Parlement depuis longlemps plus impor- . tante. Je prcvois meme qu'il se traitera beaucoup de choses sur I'avenir a quoi on ne s'attendoit pas, Je n'omettrai aucun soin pour etre bien informe. Je suis, Sec, Ex trait d*une Lett re du Roy a M. Barillon. d. Versailles, le 19 JSi''ovembre, 1685. I'apprends cependant par les dernieres lettres de Madrid, que ce qui cloigne le Conseil d'Espagne de faire raison sur les justes plaintes de mcs sujets, est I'esperance dont les Ministres Espagnols se flattent, d'atlirer bientot le Roy d'Angleterre dans les interets de la Maison d'Autriche, et de faire avec lui un traite d'association. On ajoute meme qu'ils croyent que ce Prince ne differe a y entrer que jusqu'a ce qu'il ait obtenu de son Parlement ce qu'il a resolu de lui demander dans la prochaine assemblee. C'est ce qui vous doit obliger a renouveller vos soins et votre application a bien penetrer les veritables desseins de la Cour ou vous etes, et examiner tons les partis qu'il y auroit a prendre, en cas de changement, pour lebien de mon service : car comme je serai toujours bien aise de contribuer au bon succes des desseins du Roy d'Angleterre, tant qu'il ne tendront qu'a I'augmentation de notre religion, a I'affermissement du repos public, et a celui de son autorite; je dois vous dire aussi, pour votre instruction APPENDIX. cxxxi particuliere, que je ne serai pas facbe qu'il trouve dans son Parlement des obstacles a ses projets, quand je reconnoitrai qu'il voudra prendre des mesures avec mes ennemis, pour par la leur donner la hirdiesse de troubler la paix que j'ai retablie par les derniers traites. Ainsi vous devez bien observer qu'elle est la disposition des esprits des principaux membres du Parlement, et quel est le pencbant de ceux qui auront le plus de credit dans cette assemblee, ensorte que, sans donner aucun pretexte au Roy d'Angleterre de se detacher des sentiments de reconnoissance qu'il croit devoir aux temoignages d'amitie que je lui ai donnes avant et depuis son avenement a la couronne, vous puissiez, s'il s'en eloigne, laisser entrevoir aux Pariementaires les plus attaches a la conservation de leurs droits et privileges, que les liaisons que j'ai avec le Roy leur maitre ne sont pas assez fortes pour leur nuire, et qu'ils peuvent agir avec liberie, et sans craindre ma puissance. Mais comme vous jugez bien qu'il importe extreme- ment au bien de mon service que votre conduite soit si mesurce, si sage, et si prudente, qu'elle ne puisse donner aucune prise contre vous, vous devez, sur toutes choses, vous appliquer a connoitre le terrain, avant que de faire aucune tentative qui puisse nuire a mes interets. Meme vous ne devez faire aucune demarche dans une negociation si delicate et si dangereuse, qu'apres que vous m'aurez donne avis de ce que vous aurez reconnu des intentions de laCourou vous etes, et que je vous aurai donne de nouveaux ordres. II estbon, cependant, que vous vous serviez de toutes les occasions qui se presenteront, pour insinuer adroitement au Roy d'Angleterre I'in- teret qu'il a d'employer son autorite au retablissement de la religion Ca- tholique, et de ne la pas laisser plus longtemps exposee a toutes les loix penales qui ont ete faites contre elle dans les regnes precedents. Ex trait d'une Lett re du Roy a M. Barillon. d Versailles, le 29 JVovembre, I685. JVloNSiEUR Barillon, j'ai recu votre lettre du I9 de ce mois, avec la copie du discours que le Roy d'Angleterre a fait a son Parlement, tant pour I'obliger a lui fournir le fonds necessaire pour le payement des troupes cxxxii APPENDIX. qu'il pretend en obtenir, que pour I'informer des raisons qu'il a de con- server les officiers qui I'ont fidelement servi dans la derniere rebellion. Je m'assure qu'il n'aura pas de peine a obtenir ce secours de cette assemblee : elle croira avec raison avoir beaucoup gagne, s'il n'entreprend rienen faveur de la religion Catholique, et qu'il la laisse dans le deplorable etat ou elle est encore a-present, sujette aux loix penales, et a tout ce que la fureur et les emportements de ses plus grands ennemis pourroient attenter contre elle dans une conjoncture plus favorable pour eux. Je suis bien persuade aussi que ce Prince connoit assez I'interet qu'il a de laretablir, et que d'ailleurs il a tout le zele qu'on pent desirer pour ne pas manquer d'en procurer ses avantages ; et comme vous savez bien mes intentions sur la conduite que vous devez tenir pendant la seance de ce Parlement, je ne doute point que vous ne les suiviez aussi exactement qu'il vous sera possible, et que vous ne m'informiez de tout ce qui se passera dans les deliberations des deux Charabres, et des mesures que le Roy d' Angleterre prendra pour parvenir a ses fins. Extrait d'une Lettre de M. Barillon au Roy. 22 A^ovembre, 1685, a Londres. On dit que Milord Grey a depose que plusieurs Seigneurs devoient se joindre a M. de Monmouth, entre autres Milord Devincher ; il est gendre du Due d'Ormond, et le plus grand Seigneur d' Angleterre en fonds de terre. Beaucoup de gens prennent interet a ce qui le regarde, et s'entre- mettent pourle recommander; mais il ne s'aide pas lui-merae autant qu'il faudroit. Cela commence a causer les agitations ordinaires en ce pays-ci lorsque le Parlement est assemble. M. Barillon au Roy 26 J\''ovembre,\6%5, a Londres. JE re^us avant hier la depeche de votre Majeste du 19 Novembre, par un courier expres ; avant que d'y repondre, je crois devoir rendre corapte a APPENDIX. cxxxiii V. M. de ce qui s'est passe ici depuis le dernier ordinaire. La deliberation de la Chambre des Communes du 22. Novembre fut pleine de chaleur et de contestation. Les partisans de la Cour obtinrent pourtant une resolu- tion de donner un secours d'argent. Ceux du parti oppose avoient eu Tadresse d'ajouter a la proposition de donner de I'argent, que ce secours seroit pour entretenir I'armee, ce qui auroit fait rejeter la proposition par le plus grand nombre de voix. Mais le Speaker^ et quelques autres, firent mettre simplement la question de donner de I'argent, sans specifier ^ quel usage : il passa de quelques voix, mais en meme temps, la Chambre prit la resolution de representer a sa Majeste Britannique, que la veritable force du royaume consiste dans les milices, et qu'elle apportera tous les soins, et prendra tous les expediens possibles, pour les rendre utiles : c'etoit declarer nettement que la Chambre ne pretend pas que I'armee subsiste. Beaucoup de gens parlerent avec vehemence contra I'armee et contre les officiers Catholiques, etsoulinrent que le Discours duRoy ne se rapportoit point a ce qu'il avoit dit dans la seance precedente, puisqu'en celle-ci il se declaroit ouvertement contre les loix etablies qui font la surete de la religion Protestante. M. Seymer parla fort aprement, le Sieur Clergis de meme ; un nomme Jennins, creature de Milord Danbi, et un nouveau membre de la Chambre, nomme Tuesden, parlerent aussi avec beaucoup de force, et d'applaudissemens. Tous leurs discours se terminoient a ne pas souffrir une armee sur pied, et a ne pas permettre qu'il y ait des officiers Catholiques. Un des deputes dit qu'il ne voyoit pas que I'Angleterre fit une figure considerable dans le monde dont il etoit fait mention dans le Discours du Roy. Milord Preston repondit a cela, qu'il savoit, et etoit bien informe, que V. M. auroit, cet ete, attaque I'Espagne en quelque endroit, si le Roy d'Angleterre ne I'avoit empeche, et que V. M. n'en avoit ete detournee que parce qu'elle avoit cru qu'une rupture avec I'Es- pagne mettroit I'Angleterre dans le parti de ses ennemis. II y en eut d'autres encore qui firent entendre qu'il n'y avoit que le Roy d'Angleterre qui put empecher les progres et I'augmentation de cette puissance qui fait trembler toutes les autres, et que le veritable interet de la nation Angloise est que le Roy soit en etat de s'y opposer, ce qui ne se peut, s'il n'a des forces suffisantes et toutes pretes. Ce raisonnement futcombattu indirecte- cxxxiv APPENDIX. m^.nt par d'autres membres, qui soutinrent que le veritable interet des Anglois est de vivre en repos et en tranquillite dans le dedans, avec la surete de leurs loix et proprietes, aussi bien que de leur conscience dans lexercice de leur reli;iion, et que, quand cela sera, I'Angleterre aura assez de consideration au-dehors. Cette deliberation parut si opposee a ce que sa Maj ste Britannique pouvoit desirer que Ton disoit deja que le Parlement seroit proroge ou casse. II s'etoit fait beaucoup de cabales la veille: les vieux Parlementaires qui ne sont pas du present Parlement avoient instruit les nouveaux deputes. La Chambre se rassembia le 23; la chaleur fut encore plus grande, et le parti oppose a la Cour emporta de trois voix la question qui avoit ete raise, si on delibereroit sur lesecours d'argent, ou si on considereroit le Discours du Roy ; ce dernier avis prevalut, parce que beaucoup de gens attaches ou dependants de la Cour etoient absents, et il y en eut meme qui en furent d'avis, entre autres, le Sieur Fox, qui est Commis au payement des troupes : son pere est officier de la Maison, et avoit cet employ du payement des troupes, dans lequel il s'est enrichi. Un Lieutenant des Gardes a Cheval, norame Darze, homme de qualite, fut aussi de Pavis oppose a la Cour. On parla encore avec beaucoup plus de chaleur que le jour precedent contre Tarmee et les officiers Catholiques, et le sentiment presque unanime de la Chambre parut etre de ne point donner d'argent pour faire subsister I'armee, et dene pas souffrir qu'il y eut d'officiers Catholiques. La Chambre se rassembia avant hier, 24 Novembre, et delibera sur le Discours du Roy. On s'attendoit que la chaleur et I'emportement seroient encore plus grands que les jours precedents: mals la moderation fut beau- coup plus grande qu'on ne I'avoit attendu : il n'y eut presque personne qui repetat rien de ce qui avoit ete dit dans les jours precedents: mais le fonds de la deliberation fut fort ferme, et la Chambre parut determinee absolument a ne point permettre que le Roy se servit d'officiers Catho- liques, puisque les loix y sont directement contraires. On proposa divers expedients pour accommoder cette difficulte ; celui de souffrir que ceux qui sont etablis, demeurent, et que le Roy promette de n'en plus ajouter d'autres, fut rejete par la Chambre, et la conclusion fut de faire une adresse, pour supplier sa Majeste Britannique de remedier aux soupcons APPENDIX. exxxv et a la jalousie que donnoita la nation I'lnexecutlon des loix. On attribue la moderation quia paru dans cette derniere deliberation, alacrainte qu'on a eue de donner occasion a la cassation du Parlement. D'autres disent que c'est un conseil des vieux Parlementaires qui ont inspire de la fermete et de Topiniiitrete pour le fonds, en temoignant de la moderation au dehors. 11 etoit hier dimanche. On delibere aujourdhui sur le fonds d'argent. Toute la question se terraine a savoir si la Chambre des Communes accordera de I'argent, sans y meler aucune condition, et si elle se con- tentera d'avoir temoigne combien la subsistance de I'armee, et I'emploi des Catlioliques lui sont odieux, sans insister d'avantage sur une satisfaction prealable. En ce cas la le Roy d'Angleterre aura obtenu ce qu'il y a de plus essentiel ; car le mecontentement general ne I'empechera pas d'avoir ses troupes sur pied, et de quoi les payer. La deliberation d'aujourdhui decidera de la duree de la seance du Parlement, car le Roy d'Angleterre paroit resolu de ne se relacher en rien, et sa fermete etonne ceux qui croyoient que ce qui s'est passe dans la Chambre des Communes, le feroit resoudre d'admettre quelques temperaments, et de ne se pas opiniatrer a emporter dans cette seance tout ce qu'il desire. De toutce que j'ai I'honneur de mander a V. M. elle voit que les affaires de ce pays sont fort changeesdepuis quelques jours: elles peuvent recevoir des adoucissements et des changements. Je sais que I'on emploie de I'argent pour remettre les gens les plus opposes a la Gour dans des senti- ments plus moderes ; mais il n'est pas facile que le concert se retablisse parfaitement, et qu'il ne reste pas de grandes defiances de part et d'autre. Le parti oppose a la Cour est celui du Prince d'Orange, que beaucoup de gens favorisent secretement. La division meme est dans la Cour ; c'est ce que j'expliquerai, autant que je le pourrai, a V. M. dans la suite de cette Lettre. II me paroit, cependant, que je n'ai rien a faire en execution des ordres portes par la derniere depeche de V. M. que d'em- ployer tous mes soins pour etrebien informe, et pour lui rendre un compte exact de ce qui se passe. J'ai conserve quelques liaisons avec des gens accredites dans les prece- dents Parlements, et il ne seroit pas impossible d'augmenter, s'il etoit necessaire les divisions qui semblent naitre; il ne seroit pas inutile au service cxxxvi APPENDIX. de V. M. d' avoir toujours quelques gens dans sa dependance ; cela pent meme, dans les occasions, etre utile au Roy d'Angleterre, et au bien de la religion. Je ne vois rien qui presse presentemeut : il semble que les affaires prennent d'elle-meme le chemin qui peut etre le plus avantageux a V. M. ; c'est au moins ce qui paroit aujourdhui. II est cependant diffi- cile de prevoir les revolutions et les changements inopines qui arrivent en ce pays-ci, et V. M. voit bien que les affaires sont faites ou terminees avant que Ton ait le temps de recevoir de nouveaux ordres. J'ai ete informe des demarches de I'Ambassadeur d'Espagne, depuis le commencement de la seance du Parlement. J'ai ete aussi averti que quelques jours auparavant, il avoit fort presse le Roy d'Angleterre de renouveller le traite de I680. La reponse de sa Majeste Britannique a ete undelai plutot qu'un refus absolu. Cette Ambassadeur a temoigne en etre surpris, et le Roy d'Angleterre a bien juge de ce que M. Ron- quille a dit qu'il avoit donne des esperances a Madrid, que le traite se pouvoit renouveller. Je n'ai pas cru, pendant ces derniers jours, devoir parler au Roy d'Angleterre surcerenouvellement du traite avec I'Espagne, sachant qu'il n'y avoit rien a craindre presentement, et trouvant plus con- venable qu'il m'en parle le premier, ce que je crois qu'il fera, des qu'il sera un peu moins accable d'affaires. L'Ambassadeur d'Espagne fondoit de grandes esperances sur I'assemblee du Parlement. J'ai ete averti que ses partisans insinuoient une alliance avec les Etats Generaux et la Suede ou I'Electeur de Brandebourg, pour tenir lieu de ce qu'etoit autrefois la triple ligue. Je sais meme que Ton devoit joindre a ces projets d'alliances, des offres de sommes considerables pour y engager sa Majeste Britannique. Tout cela se trouve renverse, ou du moins eloigne par tout ce qui s'est passe jusques a aujourdhui. J'ai eu encore une raison pour ne me pas hater de parler du traite d'Es- pagne a sa Majeste Britannique, c'est d'eviter toute proposition de secours d'argent qu'on me pourroit faire, ce qui arriveroit plus aisement, si je te- moignois apprehender le renouvellement d'une alliance avec I'Espagne, et que je parlasse pour rempecher. Ce n'est pas a moi d'en faire naitre I'occasion. Je serai meme fort retenu dans ce que je dirai au Roy d'Angle- terre s'ii casse le Parlement, et que toute esperance d'accommodement soil APPENDIX. cxxxvii rompue, afin que V. M. soit en pleine liberte de me prescrire ce que j'au- rai a dire, et la conduite que je devrai tenir. Apres avoir rendu compte a V. M. des affaires du Parlement, je crois la devoir informer, autant que je le pourrai, de ce qui regarde le dedans de la Cpur, Depuis que Milord Sunderland est rentre dans les affaires, il a pris beaucoup de soin de me donner des marques de son attachement aux interets de V. M.; je ne ferai mention que de ce qui s'est passe depuis la mort du feu Roy. Mais ce ministre a bien reconnu que le Grand Treso- rier avoit une liaison avec le Prince d'Orange, fondee sur des interets qui ne peuvent changer, et qu'ainsi son credit s'affoibliroit insensiblement aupres du Roy d' Angleterre, ou qu'il seroit contraint d'agir contre ses sentiments et contre ses maximes, ce qui est fort difficile a faire long temps. Cela est arrive, et Milord Sunderland est entre siavantdans la confidence de sonmaitre, et a tellement soutenu les projets que ce Prince a en tete, qu'il paroit meme aux moins penetrants avoir la principale part du ministere. Les Catho- liques sont ouvertement declares pour lui, et sont au contiaire fort raecon- tents de Milord Rochester, qu'ils croyent trop zele pour la religion Pro- testante, et oppose a tout ce qui est des avantages de la religion Catholique. Cela cause.une grande division dans la Cour ; et quoiqu'il y ait eu des eclair- cissements, efedes raccommodements entre ces deux ministres, on volt bien cependant (^ue leur conduite et leurs interets sont fort differents. Leurs amis se partagent. Le Roy d' Angleterre voit tout cela, et sait ce qui se passe. II se sert du Grand Tresorier dans la direction des finances ; mais il ne lui laisse pas lepouvoir de disposer d'aucune somme considerable, et veut lui- meme entrer dans le detail, ce qui rend I'autorite et le credit de Milord Rochester bien moindre. C'est de Milord Sunderland que je sais ce qui s'est passe sur le renouvellement du traite avec I'Ambassadeur d'Espagne ; il m'a fort assure que le Roy d'Angleterre n'avoit aucune envie presente- ment de renouveller ce traite, et que je serois averti aussitot qu'il y verroit la moindre disposition. Milord Sunderland m'a confie depuis peu des choses fort secrettes qui le regardent; il m'a dit que le Roy d'Angleterre a promis positivement de le faire President du Conseil, apres I'assemblee du Parlement. Cette dignitc, ajoutee a la fonction de Secretaire d'Etat,relevera encore beaucoup ropinion cxxxviii APPENDIX. de son credit. Sa Majeste Britannique a ete determinee a lui promettre cette charge, par un Jesuite nomme le Pere Piters, qui a beaucoup de part dans sa confiance ; c'est un homme de condition, et frere de feu Milord Piters : il lui a represente fortement combien il importoit d'accrediter et de recompenser un ministre qui le sert plus fidelement et plus cou- rageusement que les autres. Le Chancelier, qui est fort uni avec Milord Sunderland, et qui tient la mcme conduite, avoit presse le Roy d'Angleterre de lui donner cette place de President du Conseil. Lorsque Milord Halifax a ete chasse, il n'avoit pu en venir a bout, parce que sa Majeste Britannique avoit declare a beaucoup de gens, que cette charge ne seroit donnee k personne. Milord Sunderland m'a dit une autre chose de grande importance, et qui, si elle est vraie, et que le Roy d'Angleterre la sache, diminuera fort le credit de Milord Rochester, c'est que lorsque M. de Sidney est alle en Hollande, Milord Rochester le pria de le voir le dernier, et un moment seulement avant que de s'embarquer avec Bentem ; dans cette entrevue, Milord Rochester dit a M. Sidney, qu'il avoit un conseil a doHner a M. le Prince d'Orange, qui etoit de venir en Angleterre, a quelque prix que ce fut, el meme malgre le Roy d'Angleterre, et que c'etoit le seul et unique moyen de redresser les affaires, qui prennoient un mauvais che- niin, auquel il seroit impossible dans la suite de remedier. M. de Sidney s'est acquitte de sa commission, et dit que M. le Prince d'Orange a etc ebranle, mais qu'il n'a ose hazarder de venir. 11 en a parle a Bentem, a qui M. de Sidney n'en avoit rien dit, et qui auroit etc assez d'avis que M. le Prince d'Orange passat en Angleterre. Je vois bien que le motif de M. de Sunderland, en me disant une chose si importante a ete de ra'oter toute srote de confiance a I'egard de Milord Rochester, et de me le faire regarder comme un homme entierement oppose aux interets de V. M. et attache a ceux du Prince d'Orange. J'ai peine a croire que ce fait soit in- vente; je sais bien que Milord Sunderland pent, parM. Sidney, conserver des liaisons avec le Prince d'Orange, qui pourroient eclater en d'autres temps ; mais en attendant, il tient une conduite entierement favorable aux Catholiques, et qui eloigne le Roy son maitre de tout autre attachement qu'aux interets de V. M. APPENDIX. cxxxix Les ordres que V. M. m'a donnes depuis quelques temps, sont d'eviter avec soin d'entrer d^ns aucun traite qui la puisse engager de fournir des subsides au Roy d'Angleterre ; cependant, V. M. desire, en meme temps, que ce Prince ne prenne aucune liaison nouvelle avec les autres Puissances de I'Europe, a quoi je me suis applique, et m'applique comme je le dois. Milord Sunderland peut 6tre en cela d'un grand secours, et il me I'a ete en m'avertissant de ce qui se passe ; ,mais son zele et son attachement pour les interets de V. M. peuvent se refroidir, principalement si sa faveur augmente. Je crois qu'ii seroit du service de V. M. d'achever de le mettre dans ses interets par une gratification qui I'engageroit entiere- ment. Je suis persuade qu'il ae s'eloignera pas de recevoir des marques de la bienveillance de V. M.: il croit les avoir meritees, et temoigne les vouloir meriter a I'avenir. Le poste ou est Milord Sunderland, et I'apparence qu'il sera encore plus en credit, font que si V. M. juge a-propos de I'en- gager tout-a-fait, on ne doit pas lui faire une gratificjation mediocre ; et il vaudroit mieux ne lui rien donner, que de lui offrir moins de six mlUe pieces, et faire entendre, en meme temps, que cette gratification continuera tous les ans. V. M. sera toujours en pouvoir de juger si elle devra etre continuee. Je ne pense pas qu'il puisse y avoir de depense mieux em- ployee en ce pays ici que cel!e-la, surtout dans le dessein qu'a V. M. de ne point donner de subside au Roy d'Angleterre, et de I'empecher pour- tant d'entrer dans d'autres liaisons. II y a longtemps que j'hesite a faire cette proposition a V. M. ; je comprens que je prends as&ez mal mon temps presentement qu'il paroit que V. M. penche plutot a menager les membres du Parlement les plus accredites; mais je me crois oblige pour le bien du service de V. M. de proposer ce qui me paroit de plus avantageux et de plus solide. II peut etre que Ton ne retrouvera pas I'occasion si favorable, si on la laisse echapper. G'est a V. M. a juger combien il lai importe que 1' Angleterre n'entre pas dans d'autres interets et dans d'autres mesures. V., M. a bien reconnu que la cessation des payements a produit le renouvellement du traite avec les Etats Generaux: V. M. sait si le re- nouvellement de ce traite n'a pas ete nuisible a ses interets, et quels avan- tages en ont tires les ennemis de sa grandeur, et entre autres, M. le Prince d'Orange, qui en ont au moins congu de grandes esperances pour Tavenir cxl APPENDIX. Je me garderai bien de me jamais avancer a rien dire ou faire par mon propre sens, et je me tiendrai seulement en etat d'executer a la lettre les ordres de V. M. La Chambre des Communes a commence ce matin par la lecture de I'Adresse qui doit etre presentee a sa Majeste Britannique. On m'a assure qu'elle est congue en des termes extremements forts et positifs contre les officiers Catholiques. On a mis ensuite en deliberation, de prier la Chambre Haute de se joindre sur cette Adresse a la Chambre des Communes ; la proposition a ete rejetee, et le parti de la Cour a prevalu. On a delibere sur le subside, et, apres beaucoup de contestation, on est demeure d'accord de donner sept cent mille livres sterling une fois payes. Le Roy d'Angle- terre en pretendoit quatorze cent ; mais cependant je crois qu'ii ne sera pas mal content, pourvu que le fonds de cette somme soit bien etabli, et que la Chambre Basse n'insiste pas sur I'Adresse qu'elie doit presenter comme sur une condition piealable ; c'est ce qui est encore incertain ; il faut attendre pour voir s'il n'arrivera point quelque incident qui empeche reffet de la resolution qui a ele prise. Si Taffaire de I'argent se pent separer entierement des autres choses qui sont agitees, le Roy d'Angleterre aura son compte, et pourra se passer de Parlement, au moins pendant quelque temps. Milord Sunderland vient de me dire qu'il ne croit pas que le Roy et le Parlement puissent convenir, parce que chacun de son cote veut des choses entierement opposees. Je suis, Sec. M. Barillon au Roy. 30 .Yovembre, I685, a Londres. J_jE Parlement a ete prorogc ce matin jusques au 20 Fevrler. Le Roy d'Angleterre a bien reconnu, par ce qui se passa hier dans la C'.hanibre, que le parti des factieux augmentoit et se fortifioit tous les jours, et qu'il y avoit beaucoup d'inconvenients de les laisser plus longteraps ensemble. J'apprends que la surprise a ete grande, et qu'on ne s'attendoit pas que le Parlement dut etre separe avaut que I'acte pour le subside fut passe. La prorogation rend nul tout ce qui a ete propose et commence sans ctre APPENDIX. cxli acheve, Ainsi la concession d'lin subside tombe entiereraent comme non avenue. II n'y a pas d'apparence que la prorogation du Parlement produise d'autre efFet que celui d'augmenter le mecontentement des gens qui sont deja aigris. Ceci apporte un grand changement dans les affaires d'Angleterre. Je serai applique, comme je le dois, a en rendre un compte exact a V. M. pour pouvoir recevoir ses ordres sur la conduite que j'aurai a tenir. Je suis, 8cc. Le Roy a M. Barillon. a Fersailles, le 6 Decembre, 16 85. JVl. Barillon j'ai recu depuis trois jours, tant par le retour du courier que je vous avez depeche, que par la voie ordinaire, cinq de vos lettres des 22, 25, 26, 29, et 30 Novembre, avec les remontrances faites par les deux Chambres du Parlement d'Angleterre au Roy leur maitre, les repbnses de ce Prince, et le journal de ce qui s'est passe dans les dernieres seances jusqu-a la prorogation. II y a bien de I'apparence que la mortification que le dit Roy vieht de donner a cette Assemblee rendra ceux qui la composent plus soumis a ses volontes, et qu'il obtiendra plus facilement a leur retour ce que le chagrin de quelques particuliers avoit pu rendre douteux dans cette conjoncture. Quoiqu'il en soit, sa fermete a maintenir les ofEciers Catholiques, et a ne pas souffrir que la religion dont il ftiit profession deroeure plus longtemps exposee aox loix penales, ne pent produire que de bons effets pour sa reputation, et pour la surete de son gouvernement. Je m'assure cependant qu'il ne s'empressera pas de rencuveller une alliance avec I'Espagne, et que le peu de secours qu'il pouvoit tirer de cette couronne, rempecliera de faire aucune demarche qui puisse rompre les liaisons d'amitie et de bonne intelligence qu'il y a entre moi et iui. Puisque vous jugez que le ministre dont vous m'avez ecrit, peut beaucoup contribuer a I'entretenir, je veux bien que vous I'y obligiez encore plus etroitement par une gratification qui le puisse contenter, et I'attacher for- tement a mes interets, Je consens pour cet effet que vous la puissiez cxlii APPENDIX. porter jusqu'i 20, et meme 25 mille ecus, et je continuerai a lui faire payer la meme somme d'annee a d'autre, tant qu'il contribuera, en tout ce qui depend de lui, au maintieu d'une bonne correspondence entre moi et le Roy son maitre, et a eloigner tout engagement qui pourroit etre con- traire a mes interets. Je laisse a votre prudence de faire les premiers payements de cette somme, lorsque vous le jugerez necessaire pour le bien de mon service. L'eclaircissement que vous me donnez de I'emploi des deniers qui ont passe par vos mains, me fait croire que vous n'avez effectivement payc que la somme de cent mille livres au-dela de mes ordres, et comme je suis bien persuade que vous ne I'avez fait que parce que vous I'avez cru necessaire pour le bien de mon service, il ne m'en reste aucun sujet de mecontentement. APPENDIX. cxlili II. Correspondence between the Earl o/* Sunderl and awrf/Ae Bishop of Oxford, respecting Mr. Locke. See p, 51, et seqq. [In the hands of the late Anthony Collins, Esq.] From Birch's Papers in the British Museum — Copies in Birch's hand-writing. To the Lord Bishop of Oxford. My Lord, Whitehall, JVovenaber 6, I684. 1 HE King being given to understand that one Mr. Locke, who belonged to the late Earl of Shaftesbury, and has, upon several occasions, behaved himself very factiously and undutifully to the Government, is a student of Christ- church ; his Majesty commands me to signify to your Lordship, that he would have him removed from being a student, and that in order there- unto, your Lordship would let me know the method of doing it. I am, my Lord, 8cc. SUNDERLAND. To the Right Honourable the Earl of Sunderland, Principal Secretary of State. Right Hon. JVovember 8, I684. 1 HAVE received the honour of your Lordship's letter, wherein you are pleased to emiuire concerning Mr. Locke's being a student of this House, of which I have this account to render; that he being, as your Lordship is truly informed, a person who was much trusted by the late Earl of Shaftesbury, and who is suspected to be ill affected to the Government, I have for divers years had an eye upon him, but so close has his guard been on himself, that after several strict enquiries, I may confidently affirm, cxliv APPENDIX. there is not any one in the College, however familiar with him, who had heard him speak a word either against, or so much as concerning, the Government. And although very frequently, both in publick and private, discourses have purposely been introduced, to the disparagement of his master, the Earl of Shaftsbury, his party, and designs, he could never be provoked to take any notice, or discover in word or look, the least con- cern ; so that I believe there is not in the world such a master of taciturnity and passion. He has here a physician's place, which frees him from the exercises of the college, and the obligation which others have to residence in it, and he is now abroad upon want of health ; but notwithstanding that, I have summoned jiim to return home, which is done with this prospect, that if he comes not back, he will be liable to expulsion for contumacy, and if he does, he will be answerable to your Lordship for what he shall be found to have done amiss ; it being probable, that though he may have been thus cautious here, where he knew himself to be suspected, he has laid himself more open in London, where a general liberty of speaking was used, and where the execrable designs against his Majesty, and his Government, were managed and pursued. If he does not return by the first day of January next, which is the time Umitted to him, I shall be enabled of course to proceed against him to expulsion. But if this method seem not effectual, or speedy enough, and his Majesty, our founder and visitor, shall please to command his immediate remove, upon the receipt thereof, directed to the Dean and Chapter, it shall accordingly be exe- cuted by, My Lord, Your Lordship's most humble and obedient servant, J. OXON. To the Bishop of Ox on. Mv Lord, Whitehall, Aorember 10, I684. jriAViNG communicated your Lordship's of the 8th to his ALijesty, he has thought fit to direct me to send you the enclosed, concerning his com- mands for the immediate expulsion of Mr. Locke. SUNDERLAND. APPENDIX. cxlv To the Right Reverend Father in God, John Lord Bishop of Oxon, Dean of Christ- church, and to our trusty and well-beloved, the Chapter there. Right Rev. Father in God, and trusty and well beloved, We greet you well. Whereas we have received information of the factious and disloyal behaviour of Locke, one of the students of that our College, We have thought fit hereby to signify our will and pleasure to you, that you forthwith remove him from his student's place, and deprive him of all the rights and advantages thereunto belonging, for which this shall be your warrant; and so we bid you heartily farewell. Given at our Court at Whitehall, the 11th day of November, 1684. By his Majesty's command, SUNDERLAND. To the Right Honourable the Earl of Sunderland, principal Secretanj of Stale, Right Hon. JVovemher 16, I684. X HOLD myself bound in duty to signify to your Lordship, that his Majesty's commands for the expulsion of Mr. Locke from this College, is fully executed. J. OXON. To the Bishop of Oxom My Lord, 1 HAVE your Lordship's of the 16th, and have acquainted his Majesty therewith, who is well satisfied with the College's ready obedience to his commands for the expulsion of Mr. Locke. 5UNDERLAND. cxlvi APPENDIX. III. The Bill for the Preservation of the King's Person. See p. 154. A Bill for the Preservation of the Person and Government of his Gracious Majestie King James the Second. VV HEREAs impudent, scandalous, and seditious Speeches and Pamfletts have oft, (by sad Experience,) produced Insurrection and Rebellion within this Kingdom, and great Contempt of the sacred Person of the King and the best of Governm". both in Church and State, now establish't in this Realm ; which audacious Mischief, seldom heard of in other Kingdoms, is now more frequently practised in this Kingdom than formerly. An horrid Effect whereof appeared very lately in the barbarous Assassination and hellish Plott, design'd upon and against our late merciful and blessed Soveraine, King Charles the Second, and his dearest Brother and un- doubted Successor, our most Gracious Soveraigne, King James the Second, (whom God long preserve) ; And whereas it is still plain, that the same or the like damnable Plotts are yet design'd and carrying on by the same means and by Persons of the same mallicious and irreconcilable Spirrit against the happy Peace and Settlement of these three Kingdoms: We THEREFORE, the Lords and Commons, in Parliament assembled, having duly considered the Promises; and remembrinji that in the thirteenth Year of the Reign of Queen Elizabeth, (of ever blessed Memory,) a right good and proffitable Law was made for Preservac~on of her Maj"". Person, and that in the thirteenth Year of the Reigne of King Charles the Second, of happy and glorious Memory,) anoti\er right good and profhlable Law, was made for the Safety of his Majestie's Person and Government, against treasonable and seditious Practices and Attempts, Doe most humbly be- beseech Yu'. most Excellent Majestie that it may be enacted, and be it enacted by the King's most excellent Majestie, by and with the Advice and Consent of the Lords Spirltuall and Temporall and Commons in this p'sent Parliament assembled, and by the Autliority of the same, that if any Person APPENDIX. cxlvii or Persons whatsoever, after the first day of July, in the Year of our Lord one thousand six hundred and eighty-five, during the naturall Life of our Most Gracious Sovraigne Lord the King, (whom Ahnighty God preserve and bless with a long and prosperous Reign,) shall, within the Realm, or without, compass, imagine, invent, devise, or intend Death, or Destruction, or any bodily Harme tending to the Death or Destruction, maim, or wounding Imprisonmente, or Restraint of the Person of the same Our Sove- raigne Lord the King, or to deprive or depose him from the Stile, Honour and Kingly Name of the Imperiall Crowne of this Realm, or of any other his Maj"*'. Dominions or Countries ; or to levy Warr against his Majestie within this Realme, or without ; or to move or stirr any Forreigner or Strangers with Force to invade this Realm, or any other his Majesties Dominions or Countries being under his Majesties Obeysance : And such Compassings, Imaginacons, Inventions, Devices, or Intentions, or any of them, shall express, utter or declare, by any Printing, Writ- ing, Preaching, or malicious and advised Speaking, being legally con- victed thereof, upon the Oaths of two lawful and credible Witnesses, upon Tryal, or otherwise convicted or attainted by due Course of Law, then every such Person or Persons so as aforesaid offending, shall be deemed, and declared, and adjudged to be a Traitor or Tray tors, and shall suffer Pains of Death, and also lose and forfeit as in Cases of High Treason. And be it further enacted by the Authority aforesaid, that if any Per- son or Persons at any Time, after the first Day of July aforesaid, shall by any Printing, Writing, Preaching, or other malicious or advised Speak- ing, declare or assert that James late Duke of Monmouth is the legitimate Sonn of our late Blessed Soveraigne King Charles the Second, or that the said James hath a Tytle or good Claime to the Imperial Crowne of this Realm, or of any other his Maj"". Dominions and Countries ; that then every such Person or Persons so offending, and upon the Oaths of two lawful and credible Witnesses, upon Tryal, or otherwise convicted or attainted by due course in Law ; then every such Person or Person^ shall bee deemed declared and adjudged to be a Tray tor or Tray tors, and shall suffer Pains of Death, and also lose a Forfeit as in Case of High Treason. cxlviii APPENDIX. And be it further enacted by the Authority aforesaid, that if any Person or Persons at any time after the first Day of July, in the Yeare of our Lord one thousand six hundred and eighty-five, during his Maj*'" Life shall ma- liciously and advisedly, by Writing, Printing, Preaching, or other Speak- ing, express, publish, utter, or declare any Words, Sentences, or other Thing or Things, to incite or stir up the People to Hatred or Dislike of the Person of his Maj"' or the establish't Government, then every such Person and Persons being thereof legally convicted, shall be disabled to have or enjoy, and is hereby disabled and made incapable of having, hold- ing, enjoying, or exercising any Place, Office, or Promotion, ecclesiastical, civil, or military, or any other Employment in Church and State, and shall likewise be liable to such further and other Punishments as by the Common Lawe and Statutes of this Realm may be inflicted in such cases. Provided always, and be it declared, that the asserting and main- taining by any W^riting, Printing, Preaching, or any other Speaking, the Doctrine, Discipline, Divine Worship or Governm^ of the Church of England, as it is now by law established, against Popery, or any other different or dissenting Opinions, is not intended and shall not be inter- preted or construed to be any offence w"'in y* Words or Meaning of this Act. Provided always, that no Person be prosecuted upon this Act, for any of the Offences in this Act mentioned, unlesse the Information thereof be given upon Oath, before some Justice of the Peace, and taken in Writing within forty-eight Houres after the Words soe spoken, or the Fact discovered, and unless it be by Order of the King's Majestic, his Heirs or Successors, under his or their Sign Manuel; or by Order of the Councell Table of his Majestie, his Heirs or Successors, directed unto the Attorney General for the time being, or some other of the Councell learned to his Majestie, his Heirs or Successors, for the Time being, nor shall any Person or Persons by vertue of this present Act, incurr any of the Penalties herein before menc^oned; unless He or They be prosecuted within six Months next after the Offence committed, and indicted thereupon within three Months after such Prosecution, any thing herein conteyned to the Contrary notwilh- stand ino;. APPENDIX. cxhx Provided always, and be it enacted, that no Person or Persons shall be indicted, arraigned, or condemned, convicted, or attainted for any of the Treasons or Offences aforesaid, unless the same Offender or Offenders be thereof accused by the Testimony and Deposition of two lawful and cre- dible Witnesses, upon Oath, which Witnesses, at the Time of the said Offender or Offenders Arraignment, shall be brought in Person before hira or them. Face to Face, and shall openly avow and maintain upon Oath what they have to say against him or them concerning the Treason or Offences conteyned in the said Indictment, unless the Party or Parties arraigned shall willingly without violence confess the same. Provided always, and be it enacted, that this Act, or any thing therein conteyned, shall not extend to deprive either of the Houses of Parliament,, or any of their Members, of their just ancient Freedom and Priviledge of debating any Matters or Business which shall be propounded or debated in either of the said Houses, or at any Conferrences or Committees of both, or either of the said Housesof Parliament, or touching the Repeal or Alterac~on of any old, or preparing any new Laws, or the redressing of any public Grievance. But that the said Members of either of the said Houses and the Assistants of the House of Peers and every of them shall have the same Freedom of Speech, and all other Priviledges whatsoever, as they had before the making of this Act : any Thing in this Act to the Contrary thereof in any wise notwithstanding. Provided alwayes, and bee it further enacted, that if any Peer of this Realme, or Member of the House of Commons shall move or propose in either House of Parliam^ the Disherision of the rightfuU and true Heir of the Crown, or to alter or change the Descent or Succession of the Crown in the right Line ; such Offence shall be deemed and adjudged High Treason, and every Person being indicted and convicted of such Treason, shall be proceeded against,, and shall suffer and forfeite, as in other Cases of High Treason menc~oned in this Act. Provided always, and be it ordained and enacted, that no Peer of this Realm shall be tryed for any Offence against this Act but by his Peers: and if his Majestie shall grant his Pardon to any Peer of this Realm or Commoner convicted of any Offence against this Act after such Pardon: cl APPENDIX. granted, the Peer or Commoner so pardoned shall be restored to all in- tents and Purposes, as if he had never been convicted : any thing in this Law to the contrary in any vj^ise notwithstanding. IV. Account of RvMEOLD, from Lord Fountainhall'^ MS. Memoirs. See p. 2,32,. I>>«0L0NEL Richard Rumbold, another Englishman, was also taken at Les- mahago, by Hamilton of Raploch and his militia-men. He was flying into England, being conducted by one Turnbull, a man of Polwart, (for Polwart had secured himself by flight sooner than the rest had done.) He was bold, answerable to his name, and killed one, and wounded two, in the taking, and if one had not been some wiser than the rest, by causing shoot his horse under him, he might have escaped them all; however, he under- valued much our Scots soldiers, as wanting both courage and skill. What had unfortunately engaged him in this enterprise was, that he had been from his infancy bred up in the republican and antimonarchic principles ; and he owned he had been fighting against these idols of monarchy and prelacy, since he was nineteen years of age ; (for he was now past sixty- three,) and was a lieutenant in Oliver Cromwell's army, and at Dundee, and sundry of the Scots battles ; and by the discovery of the English fanatick plot in 1683, it was proved and deponed against him, that this Rumbold had undertaken to kill the late King in April I683, as he should return from Newmarket to London, at his own house, at the Rye in Hogs- down, in the county of Hertford, where he had married a maltster's relict, and so was designed the Maltster ; and intended to have a cart overturned in that narrow place, to facilitate their assassination. But God disap- pointed them, by sending the accidental fire at Newmarket, which forced the King to return a week sooner to London than he designed; see all this in the King's printed declaration. But Rumbold absolutely- (Unied an/- knowledge 0/ that designed murder ; though on the breaking out of that plot he fled with others to Holland, and there made acquaintance with Argyle. APPENDIX. cli FountainhallV Decisions, Vol. I. p. 365. On the 28th (June, 1685,) the said Richard Rumbold, maltster, was brought to his trial. His indictment bore, that he had designed to kill the late King, at the Rye or Hogsdown, in his return from Newmarket to London, in April, 168 3. But in regard he positively denied the truth of this, (though sundry had sworn it against him in England,) the King's advocate passed from that part, lest it should have disparaged or impaired the credit of the said English plot ; therefore he insisted singly on the point, that he had associated himself with the late Argyle, a forfeited traitor, and invaded Scotland, 8cc. All this he confessed and signed ; and being interrogated if he was one of the masked executioners on King Charles the First's scaf- fold, he declared he was not, but that he was one of Oliver Cromwell's regiment then, and was on horseback at Whitehall that day, as one of the guard about the scaffold ; and that he was at Dunbar, Worcester, and Dundee, a lieutenant in Cromwell's army. He said that James Stewart, advocate, told them Argyle would ruin all their affair, by lingering in the Isles and Highlands, and not presently marching into the inland country; wherein he had proved a true prophet, but might see it without a spirit of divination. And being asked if he owned the present King's autho- rity, he craved kave to be excused, seeing he needed neither offend them, nor grate his own conscience, for they had enough whereon to take his life beside. He was certainly a man of much natural courage. His rooted ingrained opinion was, for a republick against monarchy, to pull which down, he thought a duty, and no sin. And on the scaffold he began to pray for that party which he had been owning, and to keep the three metropolitan cities of the three kingdoms right ; and if every hair of his head were a man, he would venture them all in that cause. But the drums were then commanded to beat, otherwise he carried discreetly enough, and: heard the ministers, but took none of them to the scaffold with him.. I'rinted by W. Bulmer and Cc. Cleveland-row, St. James's. >> ■^r. '= -4^ „- *^ ..-.^^ o S "^ .\'^ O 0^ !.V '^ ^./*;,>"^ >.«• ,, ■^. ^., „'• .«'^' V »• .: -s-.c^ vOo. „>\^^ 5: <• ,0o-. ... ^^ x^-<. ^.^^.r .^^--.,V x^^' >. '-2^^^ "t^ ^' ~i-t^ -^ ,^ ■^ :^-y'' > ^o^^co;:;*,-^ '-^^..-^.^-'b, cP'':,^> /.\'->>' c^''"-^.:-'= ; ^"\ ■^^'.* ^ "^,<^ ^i>^ \V ^-^ '^ %,, ,»^ .0 K^^ "t. 0> s^'„ '^-_ • 0>' ^* oN> > "" -i^ o N r ^%' - '-?-. c'^' 0._. V ^-"0, > . ■^^■ A^ ^• K.^r^, ';/: -'^ ^^^ .y '^. \V -A "^^ .-^^ ^x<=,' -%. ./^>:r:^'- '%. ■ ■*. V*' *->^" .^^ .^^ -^ • ^^ ,fl»^!!>%s v^ " ' * .v- '^' '\. ,V--s.V-, '^^ J -^'/if^ .0 o^ o 0^ '' "'^^.^X^"' .V 020 683 792 5 'C 'i-*' '.IrVfc- -t,i-r'-^ iC» *-/ « ■* ••^- •*• ■>• * iag^^^il "^ - „ -.1. -i»-c"i*^'vr-, t-"^ ..;^j^i