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A HISTORY
OF
ENGLAND
FROM THE FIRST
INVASION BY THE ROMANS.
1SY
JOHN LINGARD, D.D.
VOLUME XII.
SECOND EDITION.
LONDON: PRINTED FOR BALDWIN AND CRADOCK;
AND
B. FELLON'ES, SUCCESSOR TO MR. MAWMAN,
LUDGATE-HILL.
MDCCCXXIX.
ISAAC FOOT
LIBRARY
C. Baldwin, Printer,
New Bridgo-street, London.
CONTENTS
OF
THE TWELFTH VOLUME.
CHAP. I.
CHARLES II.
THE NEW COUNCIL — PROCEEDINGS IN THE CONVENTION PARLIAMENT
TRIALS AND EXECUTION OF THE REGICIDES ECCLESIASTICAL
ARRANGEMENTS CONFERENCE AT THE SAVOY RISING OF THE
FIFTH-MONARCHY MEN NEW PARLIAMENT EXECUTION OF VANE
CORPORATION ACT ACT OF UNIFORMITY PARLIAMENT IN SCOT-
LAND EXECUTION OF ARGYLE RESTORATION OF EPISCOPACY IN
SCOTLAND ALSO IN IRELAND ACT OF SETTLEMENT AND EXPLA-
NATORY ACT FOR IRELAND.
PAGE
Conduct of the king 3
His council 3
The two houses 5
Confirmation of parliament. . 6'
Grants to the crown 7
Court of wards abolished . . 8
The excise perpetuated .... Q
Disbanding of the army .... 10
Bill of indemnity 12
Fate of the regicides 14
Executions 16
Punishment of the dead . . 18
Revolution in landed pro-
perty 20
Ecclesiastical arrangement. . 22
Royal declaration 23
Policy of the chancellor .... 27
Insurrections 28
New parliament 30
VOL. xn.
PAGE
Acts passed 31
King's poverty 32
Reports of conspiracies .... 33
King refuses the execution
of the other conspirators 34
Trials of Lambert and Vane 35
Corporation act 39
Conferences at the Savoy . . 41
Act of uniformity 42
The lords more liberal than
the commons 44
Bishops restored to seats in
parliament 45
Petition of the catholics .... 46
Transactions in Scotland . . 40
Proceedings in parliament, . 51
Rescissory act 53
Trial of Argyle 54
His condemnation and death 57
a2
IV
CONTENTS.
PAGE
Other executions 58
Restoration of bishops .... 5$
Rccal of the English garri-
sons 62
Transactions in Ireland .... 63
Restoration of bishops .... 64
Disputes respecting landed
property 65
PAGE
King's declaration 66
The contending parties heard
before the council 68
Decisions of the court of
claims 69
Intrigues of the occupiers . . 70
Final settlement 72
Its consequences 74
CHAP. II.
MARRIAGE OF THE DUKE OF YORK OF THE KING SALE OF DUN-
KIRK INDULGENCE TO TENDER CONSCIENCES ACT AGAINST CON-
VENTICLES WAR WITH THE UNITED PROVINCES GREAT NAVAL
VICTORY THE PLAGUE IN LONDON FIVE MILE ACT OBSTINATE
ACTIONS AT SEA GREAT FIRE OF LONDON PROCEEDINGS IN PAR-
LIAMENT INSURRECTION IN SCOTLAND SECRET TREATY WITH
FRANCE CONFERENCES OPENED AT BREDA THE DUTCH FLEET IN
THE THAMES PEACE OF BREDA FALL OF CLARENDON.
PAGE
National immorality 76
James's private marriage . . 78
Disapproved by the royal fa-
mily 79
Publicly acknowledged .... 81
Marriage of the princess
Henrietta 82
Portuguese match proposed
to Charles 82
Opposition of the Spanish
ambassador 85
The French king advises it 86
Resolved in council 87
Rencontre between the two
ambassadors 88
Arrival of the princess .... 90
King's behaviour to her. ... 91
Sale of Dunkirk i)5
Disputes respecting tolera-
tion 98
Declaration of indulgence. . 100
Disapproved by both houses 101-
page
Conventicle act 108
Complaints against the Dutch 111
Contrast between the king
and his brother 112
Address of the two houses. . 114
Hostilities commenced against
the Dutch 116
Supply voted lis
New method of taxation . . 119
Loss of privilege by the clergy 1 20
Naval regulations 121
Victory of the third of June 123
The plague in London .... 125
Regulations to suppress it.. 127
Symptoms of the disease . . 129
Terrors of the people 130
Desolation of the city .... 131
The pestilence abates 132
Failure of the attempt at
Bergen 134.
Captures by sea 136
Parliament at Oxford 137
CONTENTS.
PAGE
Five-mile act 139
Louis unites with the Dutch 141
Treaties 143
The four days' battle 144
Intrigues of Louis 147
Operations by sea 148
Fire of London 149
Exertions of the king .... 152
End of the conflagration . . 153
Its extent 153
Its cause 154
Proceedings in parliament. . 156
Debate on Irish cattle 157
auditing public ac-
counts 159
Insurrection in Scotland... 16*0
Difficulty of fitting out the
fleet 162
Secret treaty with Louis . . 165
Dutch fleet in the river. . . . 167
PAGE
Dutch fleet advances to Up-
nor 169
Public discontent 170
Treaty of peace 171
Clarendon's unpopularity .. 172
impeached by Bris-
tol 175
— abandoned by the
king 176
■ deprived of the
seal 179
impeached by the
commons 180
protected by the
lords 181
i ordered to quit
the kingdom by
Charles 182
. banished by act of
parliament .... 183
CHAP. III.
THE TRIPLE ALLIANCE SECRET NEGOTIATION WITH FRANCE CON-
VERSION OF THE DUKE OF YORK INTRIGUES TO ALTER THE SUC-
CESSION— DIVORCE OF LORD ROOS VISIT OF THE DUCHESS OF
ORLEANS SECRET TREATY WITH FRANCE DEATH OF THE
DUCHESS SECOND SECRET TREATY MISCELLANEOUS EVENTS
CHARACTER OF THE CABAL STOPPAGE OF PAYMENTS FROM THE
EXCHEQUER DECLARATION OF INDULGENCE — OF WAR AGAINST
Till: STATES VICTORY AT SOUTHWOLD BAY FRENCH CONQUESTS
BY LAND PROCEEDINGS IN PARLIAMENT THE INDULGENCE RE-
CALLED— THE TEST ACT PASSED.
PAGE
The new ministry 186
Triple alliance 187
Temple sent to the Hague. . 188
Treaty of Aix-la-Chapelle. . 191
Proceedings in parliament . 192
Dispute between the houses 194
Licentiousness at court.... 196
Buckingham's intrigues .... 198
Financial measure J 9!)
Secret negotiation with
France 200
PAGE
Duke of York becomes a ca-
tholic 201
Secret consultation 202
Progress of the negotiation. . 204
Meeting of parliament .... 206
New conventicle act ...... 207
Sufferings of the non-con-
formists 208
Intrigues to alter the succes-
sion 210
In favour of Monmouth. ... 210
VI
CONTENTS.
PAGE
By a divorce 211
A supply voted 214
Visit of the duchess of Or-
leans 215
Contents of the secret treaty 216
Death of the duchess 218
Second treaty 219
Charles's evasions 220
Meeting of parliament .... 221
Assault on Coventry 222
Proceedings against the Ca-
tholics 223
Dispute between the houses 224
Death of the queen dowager 225
. — duke of Albemarle 226
Narrow escape of Ormond. . 227
Attempt to steal the crown. . 228
Death of the duchess of York 230
The cabal 232
Arlington 233
CHflbrd 234
Buckingham 234
Lauderdale 235
Ashley 236
Their religion 237
They shut up the exchequer 238
Fail in an attack on the Dutch
fleet 240
rAoii
indulgence to dissen-
Grant
ters 7 243
Which is accepted by them. . 244
Declaration of war 246
Naval aflairs 248
Battle of Southwold Bay . . 248
Conduct of the duke of York 249
Death of the earl of Sand-
wich 250
Victory of the English .... 251
They pursue the Dutch. . . . 252
Conquest by the French . . 252
Proceedings in England. . . . 256
Clifford made treasurer. ... 258
Elections during the proro-
gation 258
Opening of parliament .... 259
New elections cancelled. ... 260
The supply voted 26l
Address against the declara-
tion of indulgence 262
The king appeals to the lords 264
He cancels the declaration. . 265
Test act introduced 266
passed 269
Dissenters' relief bill 271
Remarks 272
CHAP. IV.
NAVAL ACTIONS DISGRACE OF SHAFTESBURY ADDRESSES AGAINST
LAUDERDALE AND BUCKINGHAM IMPEACHMENT OF ARLINGTON
CONCLUSION OF PEACE DESIGN OF EXCLUDING THE DUKE OF YORK
REPEATED PROROGATIONS OF PARLIAMENT — INTRIGUES OF MON-
MOUTH OF ARLINGTON PROCEEDINGS OF THE POPULAR PARTY
NON-RESISTING TEST OF DANBY DISPUTE RESPECTING APPEALS
ANOTHER .SESSION — REVIVAL OF THE DISPUTE MOTION FOR DIS-
SOLUTION OF PARLIAMENT — PROCEEDINGS IN SCOTLAND AND
IRELAND.
PAGE
Campaigns by land 275
Resignations 276
Actions at sea 278
Congress at Cologne '279
PAGE
Meeting and prorogation of
parliament 280
Disgrace of Shaftesbury. . . . 282
Marriage of the duke of York 284
CONTENTS.
VII
PAGE
Twelfth session of parlia-
ment 285
Removal of ministers 287
Proceedings against Lauder-
dale 289
Bucking-
ham 289
' Arling-
ton 291
Orders of the house of lords 292
Proposals of peace from the
States , , . 293
Treaty 295
Designs against the duke of
York 296
Projects of that prince 298
Prorogation of parliament . . 299
The duke of Monmouth 300
Intrigues of the prince of
Orange 302
Shaftesbury .. 303
Arlington 304
Plans of the opposition .... 307
ministry 309
Remonstrance of the duke of
York 311
Opening of the session .... 311
Proceedings in the house of
commons d 312
PAGE
Non-resisting test in the
house of lords 316
Debate on the declaration. . 318
on the oath 319
Objections 321
The test as amended in the
committee 323
Dispute respecting appeals. . 324
Prorogation 326
Another session 327
Renewal of the contest be-
tween the houses 329
Account of Luzancy 332
Transactions in Scotland . . 335
Attempt on the life of Sharp 336
Indulgence to ejected mi-
nisters 337
Proceedings in parliament. . 339
Act against field conventicles 341
Attempt at "comprehension" 342
The second indulgence. . . . 343
Opposition in parliament . . 345
Increase of conventicles. . . . 347
Ireland 348
Recal of Ormond 348
Claims of the natives 350
Commission of review 350
Commission dissolved 351
Notes 353
ERRATA.
VOL. III.
Page 41 j note, for Chester, read, Chichester : for Oxford, read,
Exeter.
Page 95, for cathedral, read, abbey church of Glocester.
VI.
Page 93, near the bottom, after Surrey, add son of the Duke
of Norfolk.
Page Q4>, in the margin, for May 1 8, read Sep. 23.
VIII.
Page 519, note 5, dele, vers le soir.
520, for huguenot writers, read, national writers.
IX.
Page 91, for 300,000, read 30,000.
x.
Page 453, for Duke of York, read, Glocestei
HISTORY
OF
ENGLAND.
CHAP. I.
CHARLES II.
THE NEW COUNCIL — PROCEEDINGS IN THE CONVENTION PAR-
LIAMENT TRIALS AND EXECUTION OP THE REGICIDES
ECCLESIASTICAL ARRANGEMENTS CONFERENCE AT THE
SAVOY RISING OF THE FIFTH-MONARCHY MEN NEW PAR-
LIAMENT EXECUTION OF VANE CORPORATION ACT ACT OF
UNIFORMITY PARLIAMENT IN SCOTLAND EXECUTION OF
ARGYLE RESTORATION OF EPISCOPACY IN SCOTLAND ALSO
IN IRELAND ACT OF SETTLEMENT AND EXPLANATORY ACT
FOR IRELAND.
NEVER, perhaps, did any event in the history CHAP,
of this nation produce such general and exuberant
joy as the return of Charles to take possession of
the throne of his fathers. To the abolition of
monarchy men attributed all the evils which they
had suffered : from its restoration they predicted
the revival of peace and prosperity. The known
enemies of the royal cause slunk away to hide
themselves from the effects of popular excitation :
VOL. XII. B
1660.
I.
1660.
2 HISTORY OF ENGLAND.
CHAP, its triumph was everywhere celebrated with the
usual manifestations of public joy ; and the arms
of the commonwealth, with all the emblems of
republicanism, were subjected to the foulest in-
dignities and reduced to ashes. To keep alive the
flame of loyalty, the royalists circulated in cheap
publications most flattering portraits of the new
king. He was described as a prince of kindly
disposition and engaging manners ; of sound
judgment and becoming spirit ; and, above all,
of the most inflexible attachment to the doctrines
of protestantism, an attachment which had stood
the test of temptation in circumstances the most
trying and seductive. That there was some truth
in these representations cannot be denied ; but
one half of the picture was concealed : it should
have been added, that he was easy and indolent,
the votary of dissipation and pleasure, and always
ready to postpone the calls of business for the
attraction of the ball-room, or the company of his
mistresses. His advisers had persuaded them-
selves that the follies of the youth would be
redeemed by the virtues of the man. But he had
now reached his thirtieth year without amend-
ment. He had, indeed, made promises ; had more
than once torn himself from the unworthy con-
nexions to which he was enslaved ; and had on
emergencies displayed an energy deserving of that
splendid prize to which he aspired. But these
were transient efforts : he quickly relapsed into
his former habits, and resumed with new relish
the pursuit of enjoyment.
CHARLES II. '.
Charles, however, on his arrival, did not suffer CHAP.
himself to be dazzled by the splendid prospect 16!60
around him. He was aware that his throne still
rested on a very insecure foundation ; he saw the of0"^1
dangers which he had to avert, and the difficulties kiuS-
which he had to overcome ; and he formed a
strong and, as he fancied, unalterable resolution,
to devote his chief attention to the business of
government, and to suffer no pleasure, no amour,
to seduce him from the duties of his high office.
His ministers congratulated each other on the
change wrought in the habits of their sovereign.
But he soon began to feel uneasy under the
restraint ; he was so beset with difficulties from
the never-ceasing claims of the old royalists and
of his more recent adherents ; he found himself
so perplexed by the increasing multitude of affairs
submitted to his consideration, that he gradually
emancipated himself from the trammels, and
sought relaxation in the company of the gay, the
witty, and the dissolute. The consequence was,
that he not only neglected his duties, but often
suffered his mind to be prejudiced against the
advice of his council by the sallies and sarcasms
of his profligate companions l.
To an observant eye that council presented a His coun-
singular assemblage of men, devoted to different cl '
1 Continuation of Clarendon's Life written by himself, 21, 49,
167. Oxford, 17.5!). In the subsequent pages I shall refer to
this work under the name of Clarendon alone. Pepys, Diary,
37. 8vo.
B 2
■* HISTORY Or ENGLAND.
CHAP, parties, and professing opposite principles. In
1(16'0> the first place, were seen the royal brothers,
■ James and Henry, who owed the distinction to
their birth, with Hyde the chancellor, Ormond
the lord-steward, lord Culpepper master of the
rolls, and secretary Nicholas, the four counsellors
who had possessed the confidence of the king
during his exile. Then came the lord-general,
who by his recent conduct had indissolubly bound
up his own lot with the fortunes of the house of
Stuart, Morris the friend and confidant of the
general, and two or three others, whose chief
merit was the recommendation of Monk, grounded
on the promises which he had made during the
late revolution. With these two classes Charles
was advised to associate all the surviving coun-
sellors of his late father before the war ; a
measure which, with a few who had faithfully
adhered to the royal interests, introduced several
who had maintained the cause of the parliament
against that of the crown. It is evident that, on
a council thus constituted, the king would look
partly with distrust, partly with aversion. A
remedy was discovered by the ingenuity of the
chancellor, at whose suggestion the council ap-
pointed a committee of foreign affairs, consisting
of himself, Ormond, Southampton, the lord
treasurer, Monk, Nicholas, and Morris. These
met for the purpose of considering the relations
of the English with the other crowns of Europe ;
but they employed the opportunity of meeting to
CHARLES II. i
debate and decide, without the knowledge of their CHAP,
colleagues, every question concerning the internal 16g0
administration of the kingdom. The same subjects
were, indeed, afterwards submitted to the con-
sideration of the whole council ; but Charles had
already adopted the opinion of the secret cabinet ;
and the dissenters were either silenced by the
reasoning of the favourite ministers, or overawed
by the presence and authority of the sovereign 2.
With respect to the two houses, the king had The two
only to speak and his wishes were gratified. As ouses-
they had recalled him without conditions, so they
appeared willing to lay the liberties of the nation
at his feet. The cavaliers identified their own
triumph with the exaltation of the throne ; the
presbyterians stood before it as repentant sinners
anxious to efface the remembrance of their past
delinquency ; and the few who were sincerely
attached to republican principles deemed it pru-
dent to shelter themselves from notice amidst the
crowd, and to echo the more courtly opinions of
their colleagues. Fortunately the royal advisers
were not disposed, or perhaps afraid, to take the
utmost advantage of the general enthusiasm ; and,
on some occasions, Charles himself condescended
to read to the two houses lessons of moderation
and prudence 3. The most important of their
a Clarendon, 2, 27.
;| Clarendon, 8, 9. Burnet, Hist, of his Own Times, i. 270.
Oxford, 1823.
() HISTORY OF ENGLAND.
CHAP, proceedings may conveniently be classed under
16(i0 the following heads.
J°. The objection which had been raised before
tionofparl their convocation was renewed after the return
liament. 0f the king. They had not been called by the
royal writ ; they were therefore illegal assemblies,
and their acts might hereafter be disputed in the
courts of law. The obvious remedy was to dis-
solve them, and to summon a parliament after
the usual manner, which might legalize by its
authority the irregular proceedings of the con-
vention. But this, to the king's advisers,
appeared in the existing circumstances a dan-
gerous experiment : they were not disposed to
part with a house of commons so obsequious
to their wishes ; and they preferred to pass an
act, declaring that the parliament summoned in
the 16th Charles I. was determined, and that
the two houses then sitting at Westminster
constituted the two houses of parliament. It
might, indeed, be asked, whence an assembly,
illegal in its origin, could derive the power of
giving to itself a legal existence ; but it was
hoped that, as long as the convention sate, no
man would venture to moot the question ; and on
its dissolution every defect might be supplied by
the authority of the succeeding parliament4.
* St. 12. Car. ii. c. 1. The question, however, was brought
forward by Drake, a royalist, under the name of Philips, in a
tract called, " The Long Parliament Revived ". He founded his
opinion chiefly on the act of 17th of Charles I., which provided
CHARLES II. 7
2°. The experience of former years had shown CHAP.
T
that, to restrain within due limits the pretensions j^
of the crown, it was necessary to keep it depen-
dent on the bounty of the subject : but the Grants t0
J J the crown.
houses seemed to have adopted the contrary doc-
trine : they attributed the calamities which for
so many years had afflicted the nation to the
scanty provision made for the support of royalty ;
they found, on inquiry, that the annual expendi-
ture of the last king greatly exceeded his income ;
and, to prevent the recurrence of the wants which
he experienced, and of the illegal expedients to
which he had recourse, they raised the yearly
revenue of the crown to the unprecedented
amount of 1,200,000/.
that the parliament should not be dissolved but by an express
act of parliament^ and that every thing otherwise done, or to be
done, for the dissolving of it, should be of none effect. Hence it
followed that the parliament could never be dissolved but by its
own act ; and that the arguments of Prynne, which have been
already noticed, were of no force ; because, though true of an
ordinary parliament, they did not apply to one secured from dis-
solution in this extraordinary manner. Drake was impeached by
the commons ; but the lords had the prudence to remit the case
to the attorney-general to be proceeded with in the ordinary
courts of law. See Pari. Hist. vi. 145, 147 ; and App. i. The
court wisely allowed the prosecution to be dropped. If the act
of 17th of Charles were construed strictly according to the letter,
the long parliament could never be dissolved by any other parlia-
ment, because no other meeting before its dissolution could be
a legal parliament. It was, therefore, maintained that, by the
separation of the houses from the king, and the secession or
exclusion of so many members, it had fallen to pieces of itself.
It had died a natural death. See the tract, " The Long Par-
" liament is not Revived". Ibid, xviii.
S HISTORY OF ENGLAND.
CHAP. 3°. But while they provided for the sovereign,
1(JG0. they were not unmindful of their own interests.
In the preceding reigns, the proprietors of lands
wards °f liad frequently and zealously sought to abolish
abolished, tenures by knights' service, confessedly the most
onerous of the existing feudal burthens ; but their
attempts were constantly defeated by the monarch
and his courtiers, unwilling to resign the benefits
of marriages, reliefs, and wardships. Now, how-
ever, in this season of reconciliation and mutual
concession, the proposal was made and accepted ;
the terms were arranged to the satisfaction of both
parties ; and Charles consented to accept a fixed
annual income of 100,000/. in place of the casual
but lucrative profits of the court of wards. Still
the transaction did little honour to the liberality
of the two houses. They refused to extend the
benefit to inferior tenures : and the very act which
relieved the lords of manors from the services
which they owed to the crown, confirmed to them
the services which they claimed from those who
held by tenure of copyhold. Neither did they
choose to pay the price of the benefit, though it
was to be enjoyed exclusively by themselves.
Originally, the authors of the measure intended
to raise the compensation by a tax on the lands
which had been relieved : the amount had actually
been apportioned to the several counties by the
committee, when a member, as it were acciden-
tally, asked why they should not resort to the
excise ; the suggestion was eagerly caught by the
CHARLES II. S
courtiers and many of the proprietors; the injus- CHAP,
tice of compelling the poor to pay for the relief 16g0
of the rich, though strongly urged, was con
temptuously overlooked ; and the friends of the
motion, on a division in a full house, obtained a
majority of two. In lieu, therefore, of purvey-
ance, military tenures, and their various incidents,
fruits and dependences, the produce of one moiety Nov. 21.
of the excise, a constantly growing and more pro-
fitable branch of revenue than the original com-
pensation, was settled on the crown for ever5.
4°. The excise, as the reader will recollect, had The excise
been introduced by the parliament to defray the ^rpe
charges of the war against the king. To recon-
cile the nation to so odious a tax, it was first
voted for only a short period ; and, though it had
been continued ever since by successive grants, an
understanding always existed, that, as nothing
but necessity could justify the imposition, so it
should most certainly cease with that necessity.
By the last enactment, one half of it was now
rendered perpetual ; nor was the house slow to
dispose of the other. It had taken no measures
to raise the revenue to the amount which it had
voted : the festival of Christmas approached ; the
king admonished the members of his intention to
dissolve the parliament ; and the houses hastily
passed three bills to improve the receipts on wine
licences, to regulate the post office, and to grant
s 12 Car. ii. c. 24. C. Journ. May 25; Nov. 8, 19,21 ; Dec.
15,21. Pari. Hist. vi. 146.
army.
10 HISTORY OF ENGLAND.
CHAP, to the king the second moiety of the excise for his
J' natural life, in full of the yearly settlement of
KioO.
1,200,000/.6 From that moment, all hope of its
Dec. 21. extinction vanished ; and, in the course of a few-
reigns, the streamlet has swelled into a mighty
river. The excise then produced 300,000/. ; it
now produces 18,000,000/. per annum.
Disband- 5°. The existence of the revolutionary army
mg of the ^t amounted, in the three kingdoms to more than
sixty thousand men) was to the monarch and his
ministers a subject of constant anxiety. It had,
indeed, contributed to place him on the throne ;
but it might, with the same ease, precipitate him
from it. Monk could no longer answer for its
fidelity. When the first ebullitions of loyalty
had subsided, many, both officers and privates,
began to feel surprise that they had lent them-
selves to a revolution which must put an end to
their accustomed licence and long-established im-
portance. The royalists, to whom the lord-
general had given commissions, possessed not the
confidence of the men ; the followers of Lambert
6 C. Joum. Nov. 27 ; Dec. 21. In the debate on the post
office bill, an amendment was proposed to exempt from the
charge of postage all letters to and from members of the house
of commons, " sitting the parliament", on the ground that they
had as good a right to that indulgence as the privy counsellors by
whom it was enjoyed. Though the amendment was stigmatized
as beneath the dignity of the house, and fit only for mendicants,
though the speaker declared that he was ashamed to put the
rpiestion, it was carried. The lords, however, rejected it, and
the commons acquiesced. Joum. of Com. Dec. 17. Pari. Hist.
163.
CHARLES II. H
in his late unfortunate attempt insinuating them- CHAP,
selves into the quarters of the military, called on 16g0
them to reassert the good old cause ; and unau
thorised meetings were held ; the death of Monk
was planned, and measures were taken to form a
general combination among the different corps.
In opposition to these attempts, Charles endea-
voured to win the affections of the soldiery by the
flattering manner in which he spoke of their dis-
cipline and loyalty, and the earnestness with
which he recommended their services to the gra-
titude of his parliament ; while his ministers,
with the aid of a numerous corps of spies, sought
out the sowers of sedition, and under various and
feigned pretences, secured their persons. In both
houses, members were instructed to represent the
uselessness of so numerous a force in a time of
profound peace, the expense which it had already
entailed, and the annual amount which it would
continue to entail, on the nation. No opposition
was offered to the motions with which they con-
cluded. By successive grants, provision was
made to liquidate all arrears : regiment after regi-
ment was disbanded ; and the measure was con-
ducted with such attention to the wants and
feelings of the men, that it was accomplished
without exciting mutiny or public expressions of
discontent7.
7 St. 12, Car. ii. c. 9, 15, l(i, 21. Clarendon, 10, 11. Bur-
net, i. 274.
12 HISTORY OF ENGLAND.
CHAP. 6°. The proceedings on this subject were te-
16J0 diously protracted by the controversy between
the two houses on the bill of indemnity. In his
Bill of in- declaration from Breda, Charles had promised a
demnity. L
general pardon, subject to such exceptions as
might be suggested by the wisdom of parliament.
The moment the question was brought forward,
a wonderful diversity of opinions was observed.
Every member had some friend whom he wished
to shield from punishment, or some enemy whom
he sought to involve in it : considerations of in-
terest or relationship, of friendship or revenge,
weighed more than the respective merits of the
parties ; and distinctions were made and resolu-
tions passed, for which it was difficult to account
on any rational grounds. At last, the bill was
transmitted from the commons to the lords, who,
as their sufferings had in general been more se-
vere, betrayed a more vengeful spirit. The chief
points in discussion between the houses were, that
the lords sought to include, in one sweeping
clause of condemnation, all persons who ever sate
in judgment on any royalist in a high court of
justice ; and that they refused all hope of mercy
to nineteen of the king's judges who had surren-
dered themselves in consequence of a royal pro-
clamation. By a clause in that instrument, the
disobedient were threatened with exception from
pardon both as to life and property : whence the
commons inferred that the obedient had reason to
expect such exception in their favour ; while the
CHARLES IT. 13
lords contended that they had only a right to trial CHAP,
before a court of justice, whereas those who dis- 1(J60
obeyed might be condemned for contumacy.
Charles, by repeated messages, advised moderation
and clemency. It was evident that the commons
had adopted the more rational explanation : the
lords at last relented ; the other house met them
by receding from some of its pretensions ; and
the act, after a long contest, received the royal
assent. It declared in the first place, that all in-
juries and offences against the crown or indivi-
duals, arising out of quarrels between political
parties since the 1st of June, 1637, should be
and were forgiven : then came the exceptions :
1°, of fifty-one individuals actually concerned in
the death of the king's father ; 2", of Vane and
Lambert; 3°, of Lord Monson, Hazlerig, and
five others, as far as regarded liberty and pro-
perty; 4°, of all judges in any high court of
justice ; and of Hutchinson, Lenthall, St. John,
and sixteen others by name, as to eligibility to
hold office, civil, military, or ecclesiastical. With
respect to the case of the nineteen regicides who
had voluntarily surrendered, it was yielded to
the lords that they should be tried for their lives ;
and, in return, it was conceded to the commons,
that they should not be executed without a sub-
sequent act of parliament to be passed expressly
for that purpose8.
H Journals of both Houses. St. 12, Car. ii. c. 11. Claren-
don, 69.
14. HISTORY OF ENGLAND.
CHAP. By most men, this general pardon was hailed
1660. as a national blessing, calculated to heal dissen-
sion and restore tranquillity ; by the great body
of the cavaliers, it was received with murmurs
and complaints. It disappointed their fondest
hopes : they saw themselves left by it the victims
of their loyalty, without redress for the injuries
which they had received, or relief from the po-
verty to which they had been reduced ; while, in
numerous instances, their more fortunate neigh-
bours of the republican party continued to revel
in the undisturbed enjoyment of their new-gotten
wealth, the fruit and reward of rebellion and in-
justice. With truth, they exclaimed, may it be
called an act of oblivion and indemnity ; but of
oblivion of loyalty, and indemnity for treason.
Fateofthe 7°. Their discontent received some alleviation
from the tragedy which followed. For years it
had been sedulously impresssed on the mind of
Charles, that, as a son, he could never pardon
the murder of his father ; as a sovereign, he
ought not to connive at the public execution of a
king. To punish the regicides, was, in his
opinion, a sacred and indispensable duty ; and
the exceptions established by the late act afforded
him ample scope for the exercise of justice, or
the gratification of revenge. Five-and-twenty
out of the original number had indeed been al-
ready removed by death beyond the reach of any
earthly tribunal, and nineteen had crossed the
sea to escape the fate which awaited them in their
CHARLES II. 15
native country9. Still twenty-nine remained, all chap.
in custody, and several of them as deeply tinged 1660
with the blood of the late king, and as criminal
in the eyes of the royal party, as the most ob-
noxious of their fellows. The fugitives were
attainted by act of parliament ; the prisoners
were arraigned before a court of thirty-four com-
missioners.
There was much in the composition of this
court to interest the curiosity of the spectators,
and to agitate the feelings of the unhappy men
at the bar. That cavaliers should sit in judgment
on those who had brought the king to the block,
might have been expected ; but by the side of the
chancellor, and Southampton, and Nicholas, were
seated Manchester and Robartes, two of the par-
liamentary commanders, Say and Hollis, the par-
liamentary leaders, Atkins and Tyrrel, parlia-
9 Three of these, Whaley, Goff, and Dixwell, secreted them-
selves in New England, where they passed their lives in the
constant fear of being discovered by the officers of government.
There is an interesting account of their adventures in Hutchin-
son's History of Massachuset's Bay, and in the history of these
" Most Illustrious and Heroic Defenders of Liberty," published by
Ezra Styles, S.T.D. LL.D. President of Yale College, Hartford,
U. S. 1794. Three others, Corbet, Okey, and Bcrkstead, were ap-
prehended in Holland, at the instance of Downing, and given up by
the States, as an atonement for their former treatment of the king
during his exile. They suffered under the act of attainder, on
the 19th of April, 1662. Ludlow, iii. 82. State Trials, v.
1301—35. Pepys, i. 252, 8. Others sought refuge in Switzer-
land, where they believed themselves to be in constant danger of
assassination from emissaries hired by the English court. Lud-
low, iii. 113—131.
16 HISTORY OF ENGLAND.
CHAP, mentary judges, Monk and Montague, two of,
*' Cromwell's lords, and Cooper, one of his most
loot). *
trusty advisers. These men, if they had not
actually dipped their hands in the king's blood,
had been deeply engaged in the transactions which
led to his death, or had powerfully supported
the several revolutionary governments, which
excluded his son and successor from the throne.
For such offences they might, in other circum-
stances, have had to plead for their lives ; but
they had made professions of repentance, and had
been selected to discharge this ungracious task,
that they might display both the extent of the
royal clemency, and the sincerity of their own
conversion.
Most of the prisoners sought to deserve mercy
by the ingenuous and sorrowful acknowledgment
of their crime : the others alleged in their justi-
fication, that they bore no personal malice to the
royal victim ; that they looked on his death as a
solemn act of national justice, and that they pro-
ceeded under the sanction of that authority which
then exercised the supreme power in the nation.
To the second of these pleas the court refused to
listen : to the first it was replied, that in law the
fact afforded sufficient evidence of the malice ; and,
to the last, that an irregular and unlawful meet-
ing of twenty-six persons, pretending to repre-
sent the commons of England, could not be con-
sidered as the supreme authority in the nation.
tions.U" All were found guilty, and received judgment
CHARLES II. ]7
of death; but the execution of those who had CHAP,
voluntarily surrendered themselves was respited, 1660
according to the act of indemnity, for the subse
quent consideration of parliament. The ten se-
lected to suffer were Harrison, Scot, Carew, Jones,
Clements, and Scroop, who had subscribed the
fatal warrant ; Cook, who acted as solicitor on
the trial ; Axtele and Hacker, two military offi-
cers who guarded the royal prisoner ; and Peters,
the minister, whose fervid and intemperate elo-
quence had been so often employed to prepare and
support the actors in that remarkable tragedy.
The language of these men, both in the court
and after their condemnation, exhibited traits of
the wildest fanaticism. For the justice of their
cause they appealed to the victories which the
Lord had given to their swords ; to their bibles,
which inculcated the duty of shedding the blood
of him who had shed the blood of his fellow men ;
and to the spirit of God, which had testified to
their spirit that the execution of Charles Stuart
was a necessary act of justice, a glorious deed,
the sound of which had gone into most nations,
and a solemn recognition of that high supremacy,
which the King of heaven holds over the kings
of the earth.
Similar sentiments supported and cheered them
on the scaffold, When they were told to repent,
they replied that of their sins they had repented,
and of forgiveness they were assured. But they
dared not repent of their share in the death of the
vol. XII. c
IS HISTORY OF ENGLAND.
CHAP, late king: for to repent of a good deed was to
166'0 oft end God. They were proud to suffer for such
a cause. Their martyrdom would be the most glo-
rious spectacle which the world had ever witnessed
since the death of Christ. But let the persecutors
tremble : the hand of the Lord was already raised
to avenge their innocent blood ; and in a short
time the cause of royalty would crouch before that
of independence. They uttered the prediction
with the confidence of prophets 10, and submitted
to their fate with the constancy of martyrs.
Peters alone appeared to shrink from the ap-
proach of death. The exhortation of his fellow
sufferers revived his courage ; a strong cordial
braced his nerves ; and he mustered sufficient re-
solution to say that he gloried in the cause, and
defied the executioner to do his worst n.
Punish- These examples did not satisfy the resentment
ment of A
the dead, of the royalists, who lamented as a misfortune,
that the most odious of the regicides had by a
natural death escaped the fate of their associates.
10 And the prediction was believed. From the Diary of Wha-
ley, Goff, and Dixwell it appears that they looked on the execution
of the regicides as the slaying of the witnesses foretold in the
Book of Revelations, and that the prediction of a revolution in
their favour was to be fulfilled in the mysterious year 1666. The
year passed, and their hopes were disappointed ; but they con-
soled themselves with the persuasion that there was an error in
the date of the Christian era, and that the accomplishment of the
prophecy would speedily arrive. See Howell's State Trials, v.
1362.
11 Ibid. 947—1301.
CHARLES II. ^
It was true that they were attainted ; but the at- CHAP.
I
tainder affected all alike ; while the greater guilt 16C'0.
of some called for more particular proofs of public —
reprobation. Revenge is ingenious : history could
furnish instances of punishment inflicted on the
remains of the dead ; and in obedience to an order
of the two houses, approved by the king, the
bodies of Cromwell, Bradshaw, and Ireton, having
been removed from their graves, were drawn on
hurdles to Tyburn, taken out of their coffins, and
hung at the three corners of the gallows on the
anniversary of the death of Charles I., the day
chosen for this expiatory ceremony. In the even-
ing they were cut down and decapitated ; the
heads fixed on the front of Westminster-hall, and
the trunks thrown into a pit at the place of execu-
tion. To the cavaliers this revolting exhibition
afforded a subject of merriment and pleasantry :
it met with the deserved reprobation of every man
of sensibility and judgment. It was an outrage
against the common feelings of humanity, and
could contribute nothing to the only real end of
public punishment — the prevention of crime.
The man who dares to stake his life on the pur-
suit of his object, will not be deterred by the fear
of mutilation or suspension after deatli 12.
19 Lords' Journals, xi. 205. Rennet's Reg. 3fi7. Though Pride
was included in the order, his body was not disturbed. After-
wards (1G61, Sep. 12, 14,) about twenty bodies of persons buried
in Henry VII/s chapel, and the church of Westminster, were dis-
interred by the king's order, am' buried again in the church-yard.
C 2
■>
20 HISTORY OF ENGLAND.
C HAP. 8°. Since the year 1642, a considerable portion
16g0< of the landed property in every county had
passed from the hands of the original owners into
Revolu- tjlc pOSSession of new claimants ; and it was on
tion in L
landed this important consideration that the founders of
proper), f^e commonwealth rested their principal hope of
its subsequent stability. Hundreds of their ad-
herents had by the revolution been raised in the
scale of society ; they were become invested with
the wealth and influence that originally belonged
to their superiors ; and it was their interest to
oppose with all their power the return of a system
which would reduce them to poverty and insig-
nificance. Charles in his declaration from Breda
touched on the subject in guarded and measured
terms : " he was willing that all controversies in
" relation to grants, sales, and purchases, should
" be determined in parliament, which could best
" provide for the just satisfaction of all who were
" concerned." Parliament, however, made no
such provision. It confirmed, indeed, as a mea-
sure of tranquillization, the judicial decisions
which had been given in the courts of law and
equity ; but the royal promise respecting the
transfer of property by grants and sales was for-
gotten, and, in consequence, no relief was afforded
Among these were the remains of Cromwell's mother, of his daugh-
ter Elizabeth Claypole, of admiral Blake, and of colonel Mack-
worth, who had been interred in the chapel, and of Pym, Doris-
laus, Stroud, May the historian, Twiss and Marshall, divines, and
of several others buried in the church. Kennet, 534. Neal, 619.
CHARLES II. 21
to two numerous classes of men belonging to the chap.
opposite parties. 1°. At the very commencement 16g'0
of the civil troubles many royalists disposed of a
portion, or the whole of their estates, that they
might relieve the pecuniary wants of the king,
or enable themselves to raise men, and serve in
the royal armies ; and at its conclusion all of
them were compelled to have recourse to similar
measures, that they might discharge their debts,
and pay the heavy fines imposed on them by order
of the revolutionary governments. That these
men had strong claims on the gratitude and pity
of the king and parliament could not be denied ;
but these claims were neglected, the sales had
been effected with their consent, they were bound
by their own acts, and consigned to murmur in
penury and despair. 2°. The lands belonging to
the crown, to the bishops, deans and chapters,
and to a few distinguished cavaliers, had been
granted away as rewards, or sold to the highest
or the most favoured bidder. These were now
reclaimed ; forcible entries were made ; and the
holders, as they were not allowed to plead a title
derived from an usurped authority, were com-
pelled to submit to superior right or superior
power. To the argument that they were, the
most of them, bona fide purchasers, it was truly
replied that they had taken the risk with the
benefit : but when they appealed to the " just
" satisfaction " promised in the royal declaration
from Breda, Charles himself blushed at the rigour
22 HISTORY OF ENGLAND.
CHAT, of his officers and adherents. By proclamation
1G0'0# he recommended measures of lenity and concili-
ation ; he advised that the revolutionary pur-
chasers should be admitted as tenants on easy
fines ; and, at the united request of the two
houses, he established a commission to arbitrate
between the contending parties. The conse-
quence, however, was, that while the purchasers
of the crown lands were in general permitted to
remain in possession, the purchasers of the church
lands were in numerous instances treated with
extreme severity. The incumbents had them-
selves suffered hard measure ; they were old,
and therefore anxious to provide for the support
of their families after them ; and, instead of at-
tending to the royal recommendation, they made
no distinction among the bidders, but selected for
tenants those individuals who made them the most
advantageous offers 13.
Ecclcsias- 9°. During the first period of the revolution,
range- the presbyterian ministers had obtained posses-
ment. sjon Qf j-ne parish churches ; but their orthodoxy
was not less intolerant than that of their prede-
cessors, and they pursued with equal violence,
the theological offences of schism and heresy.
Still, in defiance of their zeal, sectarianism con-
tinued to spread ; by degrees, the civil and mili-
tary authority passed into the hands of the inde-
13 St. 12, Car. ii. c. 17. Ke'nnet's Reg. 312. Clarendon, 183.
Harris, iv. 315.
CHARLES IT. 2'3
pendents; the presbyterians, in proportion as CHAP,
their power declined, turned their eyes towards 16G0>
the exiled prince ; and their ministers, as far
as prudence would permit, acted the part of
zealous and successful missionaries in his favour.
Now that Charles had recovered the crown, was
he to expel from their livings the men from whom
he had received these services ; or was he to pro-
tect them, and leave the episcopal clergy to pine
in deprivation and want ? The first savoured of
ingratitude ; it was moreover pregnant with
danger. It might provoke the presbyterian mem-
bers, the majority of the house of commons, to
oppose the court ; a thousand pulpits might join
in advocating the duty of resistance ; and the
smouldering embers of civil war might be easily
fanned into a flame by the breath of the preachers.
On the other hand, he was led by principle, and
pledged in honour to restore that hierarchy, in
defence of which his father had forfeited his crown
and his life. This was loudly demanded by the
cavaliers, and was represented by Hyde as pro-
viding the surest bulwark for the throne. Charles
did not hesitate : the kirk was sacrificed to the
church ; and every difficulty was surmounted
by the singular address of the minister, joined
with the engaging manner and real or affected
moderation of the monarch.
That the dominion of the ancient laws had re- Royal de-
turned with the representative of the ancient
kings, was a principle which no one ventured to
*4 HISTORY OF ENGLAND.
c II AP. contradict ; but a principle, which taught the
1660. votaries of the " solemn league and covenant"
to tremble for the idol of their worship, and
threatened the presbyterian clergy with the loss
of their livings. Their chief reliance was placed
on the declaration from Breda, which promised the
royal assent to an act of parliament for composing
differences in religion, and on the services of their
brethren who formed a powerful body in the house
of commons. But Charles and his politic adviser
had no intention to redeem the royal pledge, or to
entrust the decision of this important question to
the doubtful orthodoxy of the two houses. The
number of the bishops, who had been reduced to
nine, was filled up by successive nominations :
the survivors of the sequestrated clergy were
encouraged to re-enter on their benefices, or to
accept a composition from the holders ; and the
heads of the universities received a royal mandate
to restore to their colleges the ejected fellows. At
the same time, to lull the apprehensions of the
presbyterians, offers of bishoprics were made to
the most eminent or moderate of the ministers ;
ten obtained the nominal honour of being chaplains
to the king, and all were confirmed in the posses-
sion of their benefices, where the legal claimant
was dead, or neglected to enforce his right. But
these measures excited alarm : a bill for the settle-
ment of religion was brought into the house of
commons : and a resolution was passed that the
question should be considered in " a grand com-
CHARLES II. <25
" mittee on every successive Monday". Hyde, in chap.
opposition, issued instructions to the friends of the 1(J60
court and the church ; they laboured zealously to ■
perplex and protract the proceedings : two long
and animated debates called forth the passions of
the speakers ; and at last the sitting of the com-
mittee was suspended for three months, that the
king might have time to consult the divines of both
communious ,4. For this purpose, papers were
exchanged between certain of the bishops and a
select number of ministers. On points of doctrine,
they scarcely differed ; but one party contended
warmly for the model of episcopal government
formerly devised by archbishop Usher, which the
latter absolutely rejected, as offering only another
name for the establishment of the presbyterian
system 15. The disagreement had been foreseen ;
and Charles was advised to interpose as moderator
between the disputants. He laid before them the Oct. 22.
■4 Clarendon, 74. Journal of Com. July 6, 20, 21. " The
" committee sat an hour in the dark before candles were suffered
" to be brought in, and then they were twice blown out; but the
" third time they were preserved, though with great disorder, till
" at last about ten at night it was voted", &c. MS. Diary of a
Member, in Pari. Hist. vi. 79. 82.
•s Neal, ii. 568 — 75. It proposed that the several deans should
hold monthly synods of the clergymen under their jurisdiction ;
the bishops, yearly synods of those within their dioceses; and the
archbishops, every third year, synods of the bishops and deputies
from each diocese within their respective provinces : but in all
these, the presidents were to possess no superior authority, but
only to be considered as primi inter pares. See the scheme in the
History of Non-conformity, 339 — 314.
20 HISTORY OF ENGLAND.
CHAP, draft of a royal declaration from the pen of the
,*' chancellor, solicited their observations on its pro-
1660. -1
visions, and offered to adopt any reasonable
amendment. In a few days, it was published. It
gave due praise both to the orthodox and the
presbyterian clergy ; avowed the king's attach-
ment to episcopacy, but with the conviction, that
it might be so modified as, without impairing its
real character, to remove the objections brought
against it : and for that purpose he enjoined, 1°.
with respect to jurisdiction, that no bishop should
exercise any illegal or arbitrary authority, or pro-
nounce ecclesiastical censures, or celebrate ordina-
tions without the assistance and advice 1G of his
chapter and of an equal number of presbyters de-
puted by the clergy of thediocese, or confirm in
any church without the information and consent of
the minister ; and 2°. with regard to the religious
scruples of the presbyterians, that the reading of
the liturgy, the observance of the ceremonies, the
subscription to all the thirty-nine articles, and the
oath of canonical obedience, should not be exacted
from those who objected to them through motives
of conscience 17.
1<; Instead of advice the presbyterians moved for the substitution
of the word consent. Charles refused ; and, when a passage from
the ukuv fiaaikiKr) was objected, hastily replied : " all that is in
" that book is not gospel." Kenuet, Reg. 283.
'" L. Journ. xi. 179. Neal, ii. 575 — 80. Originally it was in-
tended to permit all persons " to meet for religious worship, so be
" it, they do it not to the disturbance of the peace". But the
CHARLES II. 27
These important concessions were received with C HAP.
joy and gratitude by the party. A meeting of 166'0<
London ministers declared that episcopacy, thus
reformed and improved, was a different thing th°e chan-
from the episcopacy against which they had pro- cdlor.
tested in the covenant ; and their celebrated
leader, Dr. Reynolds, whether his scruples were
really silenced, or the restraint on his ambition
only removed, signified his acceptance of the
bishopric of Norwich. Yet the declaration, while
it kept the word of promise to the ear, contained
a passage which tended to break it to the hope :
it alluded to a synod to be convened, when the
passions of men should be cooled, that the question
might be fairly and finally settled. The presby-
terians had no inclination to depend on the uncer-
tain decision of some future synod : they nought
a permanent, not a temporary arrangement ; and, Nov. 6.
in a committee of the house of commons, with Ser-
jeant Hales at its head, a bill was formed for the
purpose of converting the royal declaration into a
law. Hyde saw that his own arts were directed
against himself: he removed Hales from the
house, to take his seat in the exchequer as lord
presbyterians were not sufficiently liberal to allow to others what
they demanded for themselves. Baxter distinguished between
tolcrables and intoh-rablcs. The papists and socinians were in-
tolerables : their worship could not conscientiously be suffered;
and, to satisfy the party, the clause was changed into a promise
that no man should be disturbed for "difference of opinion in
,c matters of religion". Kennet, Reg. 280. Oldmixon, 188.
28 HISTORY OF ENGLAND.
CHAP, chief baron ; the dependents of the court received
16g0 instructions to vote against the bill ; secretary
Morris opposed it in a long though moderate
Nov. 28. gpeech . an(]? on a motion that it should be read a
second time, it was rejected by a majority of
twenty-eight in a house of three hundred and forty
Dec. 29. members. Shortly afterwards the convention par-
liament was dissolved 18.
[nsurrec- That, notwithstanding the general demonstra-
tion of loyalty, there were many who secretly
lamented the ruin, and ardently sought the resto-
ration, of the republican government, could not
be doubted. The royal ministers were placed in
a situation in which even a superfluous degree of
vigilance or severity might be vindicated, or, at
least, excused, on account of the probability of
danger. But, while they secured the more pro-
minent and suspicious characters, such as Overton,
Desborough, Day, and Courtenay, they appear to
have overlooked or despised a conventicle of fana-
tics in Coleman-street, under the guidance of a
wine-cooper, named Venner. The king was gone
18 Clarendon, 76. Journals of Com. Nov. 28. Pari. Hist. vi.
141. 152. I may observe that, on this occasion Charles exercised
his pretension of dispensing with the law in ecclesiastical matters,
and yet no one ventured to complain. " It is our will and plea-
" sure that none be judged to forfeit his presentation or benefice,
" or be deprived of it upon the statute of 13th Eliz. c. 12, so he
" read and declare his assent to all the articles of religion, which
" only concern the confession of the true Christian faith, and the
" doctrine of the sacraments comprised in the book of articles in
" the said statute mentioned".
Jan. 6.
CHARLES II. 29
to Portsmouth in company with the queen mother ; chap.
and, on the afternoon of the following Sunday, 1G61
Venner called on his hearers not to pray but to
act, to take up arms in the cause of their King
Jesus, to whom alone allegiance was due, and
never to sheathe the sword till Babylon should be
made a hissing and a curse. To raise their cou-
rage, the enthusiast held out to them the conquest
of the whole world : they should first lead capti-
vity captive in England ; from England, proceed
to possess the gates of the earth ; and then bind
kings in chains and nobles in fetters of iron.
What, if they were few in number, not more than
sixty? They would fight for him who had pro-
mised that one should chase a thousand, and two
put ten thousand to flight. Arms had been pre-
pared : the soldiers of the heavenly King hastened
to St. Paul's, drove before them some of the trained
bands, traversed the city, and withdrew, during
the night to Cane-wood, between Highgate and
Hampstead. The next morning, about thirty
were apprehended by the military, and a persua-
sion existed that the remainder had dispersed ;
but on Wednesday they were seen in different Jan. 9.
streets, hastening towards the residence of the lord
mayor, and exclaiming, " the King Jesus and their
" heads upon the gates.1' More fanatics had
joined them : several rencontres took place with
the guards and the trained bands ; and the injury
which they inflicted was equal to that which they
received ; but after the loss of two-and-twenty
30 IIISTOHY OF ENGLAND.
CHAP, men killed on the spot, sixteen, most of them
g. wounded, yielded to their opponents, and the re-
k maining few escaped. The prisoners expiated
Jan. 19. their crime on the gallows. But the failure of
the enterprize had not shaken their faith. They
died in the same sentiments in which they had
lived, proclaiming the sovereignty of their hea-
venly King, and denouncing his vengeance against
the usurpers of his prerogative, the kings of the
earth19.
Now par- j s}ia]i not detain the reader with the ceremonial
of the coronation, or the rejoicings with which it
was celebrated. Charles had previously called a
parliament after the ancient and legitimate form ;
and the result of the elections showed that the
fervid loyalty which blazed forth at his restoration
had, in the course of twelve months, suffered but
little abatement. In a few places, indeed, men of
anti-episcopalian principles were returned, but the
majority of the members consisted of royalists
devoted to the person of the king, and ready to
support the measures of the court. Some mem-
bers of the council possessed seats in the lower
house : but it was not yet the custom to employ
them as the acknowledged leaders of the party.
To save appearances, the chancellor (he had lately
been created earl of Clarendon) privately com-
municated the wishes of the cabinet to a few of the
'9 St. Trials, vi. 105. Kennet, Reg. 354, 5G2. Heath, 471.
Parker, T>c Rebus sui Temporis, 10. Pepys, i. 167— 1G9.
CHARLES II. 31
most influential members, and each of these held c hap.
a separate meeting of his friends and followers, 1GgL
whom he instructed in the part that each indi
vidual had to act, and the vote which it was ex-
pected that he should give. With the aid of a
force thus previously, though secretly, organized
in the house, the minister experienced little diffi-
culty in defeating the desultory and unconnected
efforts of his opponents.
This parliament, at the commencement of its Acts pass-
long career, passed several laws of the highest im-
portance, both in regard to the pretensions of the
crown, and the civil and religious liberties of the
people. 1°. The solemn league and covenant, with
the acts for erecting a high court of justice for the
trial of Charles Stuart ; for subscribing the engage-
ment ; for establishing a commonwealth ; for re-
nouncing the title of the present king ; and for the
security of the protector's person ; were ordered to
be burnt in the midst of Westminster-hall by the
hands of the common hangman. It was affirmed
that the negative voice, and the command of the
army, were rights inherent in the crown : to devise
any bodily harm to the king, and to distinguish
between his person and his office, were made trea-
son ; to call the king a heretic or a papist, was
declared to incapacitate the offender from holding
any office in church or state ; and the j>enalties of
premunire were enacted against all who should
assert that the parliament of 1641 was not dis-
solved, or that both houses or either house pos-
32 HISTORY OF ENGLAND.
CHAP, sessed legislative authority independently of the
i66i sovereign. At the same time, severe restrictions
were imposed upon the press, to prevent the pub-
lication of books maintaining- opinions contrary to
the Christian faith, or the doctrine or discipline of
the church of England, or tending to the defama-
tion of the church or state, or of the governors
thereof, or of any person whomsoever-0.
King's po- 2°. Though the convention parliament had
undertaken to make ample provision for the pecu-
niary wants of the government, Charles was ad-
vised to apply to the two houses for additional aid,
and obtained from their loyalty a grant of four
subsidies, the ancient but now obsolete method of
raising supplies. It has been said of the king that
he was improvident ; that the establishment of his
household was calculated on the most expensive
scale ; that he made magnificent presents to his
favourites and mistresses ; and that he squandered
enormous sums in the unnecessary repair and im-
provement of the royal palaces ; but it should also
be remembered that at his restoration he found
himself incumbered with a debt for which he could
not be responsible, the enormous sum owing to the
armies in the three kingdoms under the heads of
arrears ; and that he was moreover compelled, from
the destitute state of the several arsenals, to expend
800,000/. in the immediate purchase of naval and
military stores. We are assured that in the first
-° Clarendon, 181. Statutes and Journals, passim.
I'HARLES II.
33
fifteen months the only sum which could be devoted CHAT,
to the ordinary current expenses of the state was 16Qlt
the 70,000/. voted on account of the coronation.
The parliament repeatedly listened to his solicita-
tions ; but the estimates were inaccurate ; the taxes
proved deficient21 ; they were tardily collected ;
new debts were contracted before the original debts
could be discharged ; and, during the whole course
of his reign, Charles laboured under the pressure
of a burthen which he was unable to remove.
This gave a peculiar tone to his policy. To pro-
cure money became his habitual pursuit : it entered
into all his measures as the principal, or, at least,
as an important, object : it dictated to him the
match with Portugal and the sale of Dunkirk to
France ; and it seduced him into that clandestine
correspondence and those pecuniary bargains with
the French monarch, which have left an indelible
stain on his memory.
3°. Though the kingdom presented everywhere Rep0rts of
the appearance of tranquillity, the different parties conspira-
continued to look on each other with jealousy and
apprehension. That there existed many, who, if
they had possessed the means, wanted not the will,
to overturn the royal government, cannot be
doubted ; and these, by the imprudence of their
language or their carriage, might occasionally min-
*' Sir P. Warwick shewed that, of the yearly sum of 1,200,000/.
voted hy the convention parliament, no more than 900,000/. per
annum was ever received. Pepys, Diary, ii. 161.
vol. xii. n
I.
16(51.
■I HISTORY OF ENGLAND.
CHAP, ister just cause of suspicion; but, on the other
hand, there were also many, whose credulity was
as extravagant as their loyalty ; who could discover
traces of guilt in conduct innocent or indifferent ;
and who daily besieged the council board with the
history of their fears, and with denunciations of
treason. Most of these informers met with de-
served neglect ; but to some it was thought that
greater credit was due : the king communicated
their discoveries to the two houses ; arrests were
ordered, and convictions and executions followed.
It has often been asserted that these plots had no
real existence ; that they were fabricated by the
ingenuity of Clarendon, who sought, by exciting
unfounded alarms, to procure the sanction of par-
liament to the measures which he meditated against
the non-conformists. But the authors of this
charge, so disgraceful to his character, were men,
whose sufferings on the score of religion made
them his enemies, and who never supported their
assertions with any satisfactory proof; nor is it
undeserving of remark that, at the very same time,
the royalists suspected him of a secret connexion
with the republicans, because he received their in-
formations with an air of coldness, and with ex-
pressions of disbelief21.
The kinn' These reports and proceedings had, however,
refuses considerable influence on the temper of the two
the execu- A
tion of the houses, and turned their attention to the fate of
other re-
gicides.
21 See Monkton's account. Lan-downe MSS. 088, f. 346.
CHARLES II. 3;
the surviving regicides, who were still detained CHAP,
in prison. Of those who had been excepted from 16J6'2
the penalty of death, all enjoying titles of honour
were degraded ; and three, the lord Monson, sir
Henry Mildmay, and Robert Wallop, on the 30th
of January, were pinioned upon hurdles, and
drawn through the streets with halters round
their necks to the gallows at Tyburn. Of those
who had surrendered in consequence of the pro-
clamation, the punishment had been respited till
further order of parliament. A bill for their im-
mediate execution was now introduced, passed by 1662#
the lower house, and sent to the lords ; who read Jan- 27-
it once, examined the prisoners at their bar, and
never afterwards noticed the subject -2. The fact
is, that these unhappy men owed their lives to
the humanity of the king. " I am weary of
hanging," he said to the chancellor, " except for
new offences. Let the bill settle in the houses,
that it may not come to me ; for you know that
I cannot pardon them " 20.
There still remained Vane and Lambert, Trials of
who, though not actually guilty of the death of a^vai*
Charles I., were considered as fit objects of
punishment. Lambert had been the last to draw
the sword against the royal cause, and was still
looked up to by the republicans as their nominal
head. Vane, if he had incurred ridicule by his
M C Journ. 1661, July 1; 1662, Jan. 27 ; Feb. 1, 3. L. Journ.
xi 37.5. 380. Pepys, i. 243.
51 See Clarendon's notes in Clar. Pap. iii. App. xlvi.
n 2
3t> HISTORY OF ENGLAND.
CHAP, extravagance as a religionist, was highly dis-
1662 tinguished by his abilities as a statesman. In
the first capacity, he had published books replete
with pious fanaticism and unintelligible theology;
in the latter, he stood without a rival as to mat-
ters of finance and civil policy. To his councils
and foresight the cavaliers eh'iefly attributed the
almost uniform success of their adversaries ; but
his great and unredeeming offence was one which,
though never mentioned, could never be forgotten.
He had been, at the beginning of the troubles,
the cause of the death of Strafford, by communi-
cating to Pyin the document which he had
purloined from his father's desk. There was,
however, this peculiarity in the case both of Vane
and Lambert, that, though the convention parlia-
ment had refused to except them from the penalty
1660. of death, yet, on account of the declaration from
Sep. 5. Brecja? it had recommended them to mercy in the
event of conviction, and the recommendation had
been favourably received by the king 24. Charles,
indeed, was disposed to leave them in prison
1661. without further molestation ; but the house of
July L commons ordered the attorney-general to bring
them to trial, and by three successive addresses
1662. extorted the royal consent23. Their conduct at
the bar presented a singular contrast. Lambert,
who had so often faced his enemies in the field,
Feb. 19.
" C. Journ. 28 Aug. 1660; Sep. 5. L. Journals, xi. 156.
« C. Journ. July 1 ; Nov. 22, 1661 ; Jan .10; Feb. 19, 1662.
CHARLES II. 37
trembled at the sight of a court of justice : Vane, CHAP,
who had never drawn the sword, braved with 166'2>
intrepidity the frowns and partiality of his
judges. The first behaved with caution and
modesty: he palliated his opposition to Booth
and Monk, by pretending that he was ignorant of
their attachment to the house of Stuart ; and
appealed to the royal mercy to which he thought
himself entitled by the king's proclamation and
answer to the address of the convention parlia-
ment. He received judgment of death ; but was
confined for life to the island of Guernsey, where
he beguiled the hours of banishment by the culti-
vation of two arts in which he delighted, those of
the florist and the painter. Vane, on the con- June 6.
trary, boldly maintained the principles which he
had formerly advocated. He was, he said, no
traitor. By the act which rendered the long par-
liament indissoluble without its own consent, the
two houses were raised to a power equal and co-
ordinate with that of the king, and possessed a
right to restrain oppression and tyranny : by the
war which followed between these equal authori-
ties, the people were placed in a new and unpre-
cedented situation, to which the former laws of
treason could not apply : after the decision by the
sword, " a decision given by that God, who,
" being judge of the whole world, does right, and
" cannot do otherwise", the parliament became
de facto in possession of the sovereign authority,
and whatever he had done in obedience to that
I.
1662.
38 HISTORY OF ENGLAND.
CHAP, authority was justifiable by the principles of civil
government, and the statute of the 11th of
Henry VII, He spoke with a force of reasoning
and display of eloquence which surprised the
audience and perplexed the court ; and the judges
were reduced to lay down this extraordinary doc-
trine, that Charles, in virtue of the succession,
had been king de facto, and therefore in posses-
sion of the royal power, from the moment of his
father's death. Hitherto by a king in possession
had been understood a king in the actual exercise
of his authority, which Charles most certainly
was not ; but the judges supported their decision
on the ground that he was the only person then
claiming the royal power : a miserable sophism,
since the authority, the exercise of which consti-
tutes a king de facto, was actually possessed by
the parliament, which had abolished the very name
and office of king26.
To Charles his conduct on this occasion was
represented as an additional offence, a studied vin-
dication of rebellion, a public assertion that the
houses of parliament were the only supreme power
in the nation. Those who had before petitioned
for his pardon united in soliciting his execution :
the king, they maintained, was no longer bound
by the royal word ; even God himself refused for-
giveness to the unrepenting sinner. His enemies
i(i St. Trials, vi. 119 — 186. But Vane did not merely obey the
authority in actual exercise of\the supreme power; he formed a
part of that authority, keeping the king de jure out of possession.
CHARLES II. 39
prevailed, and Vane submitted with cheerfulness chap.
to his fate. On the scaffold he displayed the same 16G2
intrepid bearing which he had manifested at his —
trial ; and was about to renew the advocacy of his
principles to the spectators, when the trumpets
were sounded in his face, and his notes were de-
manded and taken from him by the sheriff. He June H.
suffered on Tower-hill. It was the spot where
the blood of his victim, Strafford, had been shed ;
and there he also fell an expiatory- sacrifice to the
manes of that nobleman. The one began, the
other, after an interval of one-and-twenty years,
closed, the list of proscription furnished by this
period of civil discord 27.
4°. The feverish state of the public mind, agi- Corpora-
tated by successive reports of plots and the pro- lon ac '
secution of real or supposed conspirators, enabled
the ministry to carry a measure, which they deemed
highly conducive to the stability of the restored
government. Both the presbyterians and cava-
liers had given proofs of their attachment to the
king ; but their loyalty was of a different order :
the first sought to limit, the latter to extend, the
powers of the crown ; the one looked on the con-
stitution of the church as hostile, the other as
favourable, to their respective views. In parlia-
ment the cavaliers were triumphant ; but the go-
vernment of cities and boroughs throughout the
" I'cpys, i. 27.5. See the letter of Charles in Harris, v. 32.
St. Trials, \i. 1S7— 198. Ludlow, iii. 89.
40 HISTORY OF ENGLAND.
C H A P. kingdom was chiefly in the hands of the presbyte-
lctii. rians. To dispossess them of these strong-holds
became the policy of Clarendon ; and he accom-
plished his purpose by the corporation act, which,
1661. after much opposition, was passed into a law. By
Dec. 20. j^ commissioners were appointed with the power
of removing at discretion every individual holding
office in or under any corporation in the kingdom ;
and it was required that all persons permitted to
retain their situations should qualify themselves
by renouncing the solemn league and covenant,
by taking the oaths of allegiance and supremacy,
and by declaring upon oath their belief of the
unlawfulness of taking up arms against the king
on any pretence whatsoever, and their abhorrence
of the traitorous doctrine that arms may be taken
up by his authority against his person, or against
those that are commissioned by him. With re-
spect to the admission of future officers, the act
moreover provided, that no man should be eligible
who had not, within the year preceding his elec-
tion, taken the sacrament according to the rite of
the church of England. Qualifying tests had been
first introduced into our law to exclude the Roman
catholics : now the precedent was urged to justify
the exclusion of the dissenters ; the doctrine of
passive obedience was established by authority of
the legislature ; and the performance of a religious
duty was made an indispensible qualification for
the holding of a secular office 28. This act broke
28 St. 13 Car. 2. cap. i. par. ii.
CHARLES II. 41
the power of the presbyterians in the state; the CHAT\
act of uniformity drove them from the places which 16g2
they still retained in the church.
The king had promised that, preparatory to the Confer-
comprehension of " the dissenting brethren", the the Savoy.
Book of Common Prayer should be revised by a
commission of divines from both communions.
They met at the Savoy ; previous debates respect- March 25.
ing forms and pretensions occupied a considerable
portion of time ; at length, the discussion com-
menced with written papers, and was subsequently
continued in personal conferences. But the pres-
byterians demanded so much, the bishops were
disposed to concede so little, that no progress was
made ; and when the commission (it had been
limited to the duration of four months) was on the
point of expiring, it was amicably agreed to dis-
miss the minor subjects of controversy, and to
confine the discussion to eight passages in the
book, which in the apprehension of the dissenters
could not be adopted without sin. With this view,
the following question was proposed for debate :
" Can a command be sinful, enjoining that which
" is not in itself unlawful"? After a long and
fretful altercation, neither party was convinced,
and both joined in a common answer to the king, jul 25
that they agreed as to the end, but could come to
no agreement as to the means 29.
*9 State Trials, vi. 25 — 44. History of Non-conformity.
Nealj ii. 601. In opposition to the bishops it was contended,
42 HISTORY OF ENGLAND.
CHAP. This was the conclusion which had been ex-
, l- pected and desired. Charles had already sum-
1662. l # J
moned the convocation, and to that assembly was
Actofuni- assigned the task which had failed in the hands of
formity. ...
May "s. the commissioners at the Savoy. Several of the
bishops protested against any alteration ; but they
were overruled by the majority of their brethren ;
certain amendments and additions were adopted ;
and the book, in its approved form, was sanctioned
by the king, and sent by him to the house of
May 19. lords 30. The act of uniformity followed, by which
it was enacted that the revised Book of Common
Prayer, and of Ordination of Ministers, and no
other, should be used in all places of public wor-
ship ; and that all beneficed clergymen should read
the service from it within a given time, and, at
the close, profess in a set form of words their
" unfeigned assent, and consent to every thing
" contained and prescribed in it." To this decla-
ration many objected. In obedience to the legisla-
ture, they were willing to make use of the book,
though they found in it articles and practices of
that a command, enjoining what is lawful, may be sinful per ac-
cidens, or may be unlawfully commanded. The point to which
the dispute referred was the kneeling- at the communion. Id. 328.
30 The most important of these alterations were perhaps the
following: the insertion of the rubric respecting the posture of
kneeling at the sacrament, the admission of persons not yet con-
firmed to communion, and the dispensing with new married per-
sons from the obligation of receiving the communion on the day
of marriage, and of the sick from the obligation of confessing
their sins, and receiving absolution.
CHARLES II. 43
the truth and propriety of which they doubted ; but CHAP,
to assent and consent to what they did not really i66\j.
believe or approve, was repugnant to the common
notions of honesty and conscience. An attempt
was made to relieve them on the transmission of
a bill to amend the act of uniformity from the
lower to the upper house. The lords added a de- 1663.
claratory clause, that the words " assent and con-
" sent should be understood only as to practice and
"obedience to the said act"; but the commons
instantly rejected the amendment ; the lords in a Jul^ 2r*
conference submitted to withdraw it ; and the only
effect of the controversy was to place beyond a
doubt the meaning in which the subscription was
understood by the legislature 31.
There were two other clauses, which also gave
offence. By one, it was provided that no person
should administer the sacrament, or hold eccle-
siastical preferment, who had not received episco-
pal ordination ; by the other, that all incumbents,
dignitaries, officers in universities, public school-
masters, and even private tutors, should subscribe
a renunciation of the covenant, and a declaration
of the unlawfulness of taking up arms against the
sovereign under any pretence. It was in vain
that the lords objected : a conference followed ;
the court came to the aid of the commons ; the
3' Lords' Journals, xi. 573, 577. The duke of York and thir-
teen other peers entered their protests against the amendment,
" because it was destructive to the church of England as then
" established ". 573.
HISTORY OF ENGLAND.
CHAP, opposition was abandoned ; and the bill in its im-
1661. proved form received the royal assent32.
During the progress of this question, the lords
more Hbe- nac* displayed a spirit of liberality which shocked
rai than £]ie more rigid orthodoxy of the lower house.
the com- °
mons. They appealed to the declaration from Breda.
That instrument was an offer made by the king
as head of the adherents to the church and the
throne, and accepted by the several other parties
within the kingdom. It was virtually a compact
between him and the people, which fixed the price
of his restoration. The people had done their
part in receiving him ; it became him now to
secure to them the boon which he had promised.
That boon, as far as regarded religion, was liberty
to tender consciences, and freedom from molesta-
tion on account of difference of religious opinion ;
two things which, it was apprehended, could not
be reconciled with the disqualifying enactments of
the bill. The manager for the commons replied,
that the declaration from Breda had been misun-
derstood. " Tender" was an epithet implying
susceptibility of impression from without ; a ten-
32 St. 13, 14. Car. ii. c. iv. Clarendon, 153. In the confer-
ence between the houses much stress was laid on the opportunity
which tutors possess of impressing what notions they please on
the minds of their pupils. To this circumstance was attributed
the strong opposition made to Cromwell in parliament by the
younger members ; for, during the commonwealth, the clergy of
the church of England supported themselves by teaching, and
brought up their pupils in principles of loyalty. Lords' Jour-
nals, 447.
CHARLES II. 45
der conscience was one which suffered itself to be chap.
guided by others ; the liberty to tender consciences 16g2
was therefore confined to the " misled ", and not —
extended to the " mis-leaders " ; it was granted to
the flocks, but not to the ministers. In aid of
this sophistical exposition, he also observed, that
the declaration referred to the peace of the king-
dom, and to a future act of parliament, as if the
act to be passed had been one to impose restraint,
instead of " granting indulgence", or the allusion
to the peace of the kingdom had not been under-
stood as an exception of the seditious and anarchi-
cal doctrines promulgated by some of the fanatical
preachers33. The act of uniformity may have
been necessary for the restoration of the church
to its former discipline and doctrine ; but if such
was the intention of those who formed the decla-
ration from Breda, they were guilty of infidelity
to the king and of fraud to the people, by putting
into his mouth language, which, with the aid of
equivocation, they might explain away; and by
raising in them expectations, which it was never
meant to fulfil.
The triumph of the church was now complete. Bishops
The bishops had already been restored to their 8eats -m
seats in parliament, and the spiritual courts had Parlia"
been re-established. To the first of these mea-
sures a strong opposition was anticipated from the
united efforts of the catholics and presbyterians in
33 Lords' Journals, xi. 449.
4(»'
HISTOKY OF ENGLAND.
CHAP
I.
1661-
Petition
of the ca-
tholics.
the house of lords : but of the catholic peers, one
only, the viscount Stafford, voted against it ; and
. among the presbyterians the opposition was con-
fined to the survivors of those who had originally
supported the bill incapacitating clergymen from
the exercise of temporal authority. The second
was accomplished with equal facility ; but, at the
same time, the ecclesiastical jurisdiction was cur-
tailed of two of its most obnoxious appendages,
the high commission court, and the power of ad-
ministering the oath ex officio34.
Among others, the English catholics had che-
rished a hope of profiting by the declaration from
Breda ; and that hope was supported by the re-
collection of their sufferings in the royal cause,
and their knowledge of the promises made by
Charles during his exile. The king was, indeed,
well disposed in their favour. He deemed him-
self bound in honour and gratitude to procure
them relief ; he knew the execration in which the
penal laws against them were held on the conti-
nent, and had often declared his resolution to
mitigate, whenever he should be restored to his
34 St. 13. Car. ii. c. 2, 12. Whoever will compare the account
in Clarendon, 133, with the Journals, xi. 279, 81, 83, will be
astonished at the inaccuracies of the historian. In five material
points, including the principal part of his narrative, he is flatly
contradicted by the testimony of the Journals. So far was the
bill from being detained in the house of lords, that it was for-
warded through all its stages with almost unprecedented rapidity.
It was sent from the commons on Thursday, and passed by the
lords on the Tuesday following.
CHAMLES II. 47
father's throne, the severity of such barbarous CHAP.
enactments35. In June, 1661, the catholics met I-
at Arundel-house, and presented to the lords a .
petition, complaining of the penalties to which June 8-
they were liable for the refusal of oaths incom-
patible with their religious opinions. The pres-
byterian leaders lent their aid to the catholic
peers ; and Clarendon placed himself at the head
of their adversaries. Not a voice was raised in
favour of the statutes inflicting capital punish-
ments ; but, after several debates, the house re-
solved that " nothing had been offered to move
" their lordships to alter anything in the oaths of
" allegiance and supremacy ". In the mean time, June 28.
colonel Tuke 36 was heard at the bar against the June si.
sanguinary laws ; and several papers stating the
grievances and prayer of the catholics had been
laid on the table. The petitioners claimed the
benefit of the declaration from Breda, and ob-
served, that the only objection to their claim
rested on the supposition that the acknowledge-
ment of the spiritual supremacy of the pope im-
plied the admission of his temporal superiority.
Against this they protested. The doctrine of his
temporal authority was a problematical opinion,
admitted indeed by some individuals, but no part
of the catholic creed ; and the petitioners (so far
were they from holding it), offered to bind them-
35 Clarendon, 140.
3<; Sir G. Tuke, of Cressing Temple, in Essex. Pepys, i. 3C4.
48 HISTORY OF ENGLAND.
CHAP, selves by oath "to oppose with their lives and
166*1. " fortunes, the pontiff himself, if he should ever
" attempt to execute that pretended power, and
" to obey their sovereign in opposition to all
" foreign and domestic power whatsoever without
" restriction 37 ". The house, having received the
July lo. report of a committee to inquire into " the san-
" guinary laws ", resolved to abolish the writ de
hseretico inquirendo, and to repeal all the statutes
which imposed the penalties of treason on catho-
lic clergymen found within the realm, or those of
felony on the harbonrers of such clergymen, or
those of premunire on all who maintained
the authority of the bishop of Rome. But this
measure of relief did not equal the expectations of
the laity, who sought to be freed from the fines
and forfeitures of recusancy ; and the whole pro-
ject was quashed by the cunning of an adversary,
who moved and carried a resolution that no mem-
ber of the society of Jesuits should enjoy the
benefit of the intended act. Immediately discord
spread itself among the petitioners ; pamphlets in
favour of and against the society were published ;
and, on the one hand, it was contended that the
boon, with whatever exceptions it were clogged,
ought to be accepted, and that the Jesuits were
bound in decency to resign their own pretensions
for the common benefit of the body ; on the other,
that the distinction sought to be established in
37 Kennet's Register, 47(>.
CHARLES II. M)
the bill was groundless and unjust, and that, if chap.
the catholics consented to purchase relief for them- 1(Jg0>
selves by the proscription of the order, they
would entail on their memory the stigma of
selfishness and perfidy. Amidst these alterca-
tions, the committee at Arundel-house was dis-
solved ; the progress of the bill was suspended, at
the request of the catholic peers ; and, in the suc-
ceeding session, no one ventured to recal it to the
attention of parliament 3S.
From the restoration of the royal authority in
England, we may turn to its re-establishment in
Scotland and Ireland ; which countries, as they
had not been mentioned in the declaration from
Breda, depended for their subsequent fate on the
good pleasure of the sovereign.
With respect to Scotland, the first question sub- Transac-
mitted to the royal consideration was, whether it Scotland.
38 Journals, xi. 276, 286, 299, 310. Kennet's Register, 469,
176, 484, 495. Orleans, 236. Letter from a Person of Quality
to a Peer of the Realm, &c. 1661. Clarendon, in his account of
this transaction (p. 143), tells us that the Jesuits were appre-
hensive of being excluded from the benefit of the act, and broke
np the committee at Arundel-house by declaring, that "catholics
" could not, with a good conscience, deprive the pope of his tem-
" poral authority, which he hath in all kingdoms granted to him
" by God himself." But Clarendon is, as usual, incorrect ; for
they were actually excluded from the benefit of the act (Jouni.
310): and in their u reasons ", published by them at the time,
they declare that ever since the year 161S all Jesuits, by order of
their general, " are obliged, under pain of damnation, not to teach
"the doctrine" which Clarendon ascribes to them, "either hi
" word, writing, or print". Kennet's Reg. 196.
VOL. XII. E
50 HISTORY OF ENGLAND.
CHAP, should remain in its present state of an incorpo-
1G60 rated province, or be restored to its ancient dig-
nity of an independent kingdom. By his English
advisers Charles was reminded, that the Scots
were the original authors of the calamities which
had befallen his family : they were now a con-
quered and prostrate people : let him beware how
he replaced them in a situation to display their
accustomed obstinacy, and to renew their disloyal
engagements. But the king cherished more
kindly feelings towards the land of his fathers,
and willingly acquiesced in the prayer of the
Scottish lords, whom loyalty or interest had drawn
to his court. The survivors of the committee of
estates, whom he had named previously to his
disastrous expedition into England in 1651,
received orders to resume the government of
Scotland, and the earl of Middleton was appointed
lord commissioner ; the earl of Glencairn, lord
chancellor ; the earl of Lauderdale, secretary of
state ; the earl of Rothes, president of the council,
and the earl of Crawford, lord treasurer. The
two first had repeatedly proved their loyalty in
the field ; the other three had suffered a long im-
prisonment for their services under the duke of
Hamilton; of the five, Middleton chiefly possessed
the confidence of the English cabinet, though
Lauderdale, from the pliancy of his temper, and
his constant attendance on Charles, had won the
personal affection of the monarch.
CHARLES II. 51
In a short time a parliament was summoned to chat,
meet at Edinburgh 40. The terrors of punishment L
for past delinquency had been held out as a warning
to the prudence of the members ; and the house Proceed-
was found to be composed of cavaliers by principle, parlia-
or of proselytes eager to prove the sincerity of ment'
their new political professions. To obtain from
such men a recognition of the legitimate rights of
the sovereign was an easy task ; but the commis-
sioner had in view an object of more difficult at-
tainment. In his opinion, the royal authority
could never be secure till the church, by the re-
storation of the hierarchy, should be rendered
dependent on the crown ; and, for this purpose,
he undertook to exalt the prerogative, to demolish
the covenant and the pretensions which had been
built upon it, and to humble the pride, and curb
the presumption, of the kirkmen. By a series of
acts it was declared that the power of appointing
the chief officers in the state, of calling and dis-
solving parliaments, of commanding the forces,
and of making treaties with foreign potentates,
resided solely in the king ; that without his assent
no acts passed in parliament could obtain the force
of law ; that it was high treason for subjects to
rise, or continue in arms, without the sanction of
39 The proceedings of this parliament were afterwards called in
question, because the members neglected to sign the covenant, a
condition required by a law then in force, and declaring the con-
stitution of parliament without it null and void. Kirkton, 88-
From the habitual intoxication of Middlcton and his friends, it was
called the drunken parliament. Id.
17 O
I.
1661.
HISTORY OF ENGLAND.
(HAT. his authority ; that all assemblies under the pre-
tence of treating of matters of state, civil or ec-
clesiastical, were, if holden without Ins special con-
sent, contrary to law ; that neither the solemn
league and covenant, nor the treaties arising out
of it, could authorize any seditious interference
with the churches of England and Ireland ; that,
for the future, no man should take, or offer to be
taken by others, the said covenant without his
majesty's special warrant and approbation ; and
that every individual holding office should sub-
scribe a declaration of his submission to these acts,
and take an oath of allegiance, acknowledging the
king to be " supreme governor over all persons
" and in all cases ". The ministers had viewed
these enactments, so rapidly succeeding each other,
with misgivings and apprehension : they knew not
how to reconcile with their consciences a declara-
tion which seemed to make the destiny of millions
dependent on the will of a single man ; and they
discovered in the oath an implied acknowledgment
of the king's spiritual supremacy, to the disherison
of the kirk and of Christ. To their representa-
tions Middleton replied, that the sovereign did not
claim any ecclesiastical authority in "the word,
" the sacraments, or the discipline "; but when they
prayed that the explanatory epithet " civil " might
therefore be inserted before " governor ", he con-
temptuously rejected their petition"
,40
40 Scottish Acts, p. 10, 2, 3, 6, 8, 45. Kirkton, 90. Wodrow,
21—24, 2G. App. viii. Baillie, ii. 449, 450. Burnet, i. 197—9.
Oxford, 1823, and Middleton's Narration in Miscel. Aid. 179.
CHARLES II. 53
Emboldened by his success, the commissioner chap,
ventured to recommend a measure unprecedented l6(i[
in the annals of Scotland. Though much had
been done to clear the way before him, the lawyers ?^clsSDry
still discovered a multitude of legal obstacles to
the accomplishment of his object; and, to save
time and debate, he resolved by one sweeping and
decisive act to annul all the proceedings of all the
Scottish parliaments during the last eight-and-
twenty years. The lord-treasurer and the young
duke of Hamilton 41 objected, that two of these
parliaments had been honoured with the presence
and sanction of Charles I. and of his son, and that
to rescind them would be to repeal the act of in-
demnity, and the approbation of the "engagement"-
But Middleton replied, that on each occasion the
king, though in possession of physical liberty, had
been under moral restraint ; and that the alleged
acts, laudable as they were in their object, were
grounded on motives so false and hypocritical, as
to prove a disgrace to the national legislation.
His reasoning, or his authority, silenced his op- March 28.
ponents ; the rescissory act was passed ; and at one
blow every legal prop of the Scottish kirk was
levelled with the ground. The ministers looked
around them with astonishment. They met in
several counties to consult and remonstrate ; but
*' A son of the marquess of Douglas, who obtained the title in
consequence of his marriage with the heiress of the late duke of
Hamilton,, with 20,000/. out of the customs of Leith. Baillie,
li. 142.
54 HISTORY OF ENGLAND.
CHAP, their synods were everywhere dispersed or sus-
L681. pended hy the authority of the government42.
■ Another object of the commissioner, subsidiary
Argyle. to ^ie former, was to intimidate by examples of
punishment. In England, the demands of justice
had been satisfied with the blood of the regicides :
to expiate the guilt of Scotland, a more illustrious
victim was selected, the marquess of Argyle. No
man had more deeply offended in the opinion of
the cavaliers ; they called for vengeance against
the betrayer of his sovereign and the murderer of
Montrose ; and they represented him to Charles
as the most crafty and selfish of demagogues ; one,
who, under every change, whether he swayed the
councils of the Scottish rebels, or placed the crown
on the head of the true heir at Scone, or sat as a
commoner in the parliament of the usurper, Richard,
had always contrived to conceal, under the mask
of patriotism, his only real object, the aggrandize-
ment of his family. The moment he arrived in
1660 London, to pay his court to the restored monarch,
July 7. ne was secured and conducted to the Tower ; his
petition for a personal interview was refused
through the influence of those who were acquainted
with his insinuating manner, and the easy temper
of the king ; and Charles, to escape from the
painful task of deciding on his fate, sent him back
to Scotland, to be tried by his countrymen, or
*» Scottish Acts, p. 86. Wodrow, 27, 31—34. Burnet, 199.
Miscel. Aul 182.
CHARLES II. 55
rather by his enemies in parliament 43. From them, c: II A r,
Argyle had no reason to expect either justice or 16qL
mercy. He first sought to obtain delay, by so
licitina: a commission to examine witnesses ; then
abandoning all defence, threw himself on the mercy Feb. 12.
of the sovereign ; and, when his submission was
rejected as unsatisfactory by the parliament, claim- March 5
ed the benefit of the amnesty formerly granted at March * 1 ■
Stirling. To this, in opposition to the remon-
strances of Middleton, Charles declared that he was
fully entitled ; and thus the charge against him
was confined to offences alleged to have been com-
mitted since 1651 ; which were, that he had re-
peatedly employed defamatory and traitorous lan-
guage in speaking of the royal family ; that he
had obtained a grant of 12,000/. from Oliver
Cromwell ; that he had given his aid to the Eng-
lish invaders against the liberty of his country ;
and that he sat and voted in the parliament of
Richard Cromwell, which had passed a bill abjur-
ing the right of the Stuarts to the crowns of the
three kingdoms. It was replied, that of the words
attributed to the accused, some had never been
uttered by him at all, and others were susceptible
4i Warriston and Swintonwere almost as odious to the cavaliers
as Argyle. The first escaped the search of his enemies, the
second was discovered and apprehended. But the zealous and
stubborn covenanter dwindled into a meek and humble quaker,
and by the ingenuousness of his confession saved his life, though
he forfeited his estate. The witlings, however, contended that,
if he had not trembled, he never would have quaked. Baittie, ii.
446. Kirkton, 98, 9. Wodrow, 86.
I
t()Gl
56 HISTORY OF ENGLAND.
CHAP, of a very innocent meaning ; that the money had
been received from Cromwell, not as a reward for
services rendered to the usurper, but as a com-
pensation for losses suffered by the marquess ; and
that the laws which prevail under a legitimate
government, ought not to be strictly applied to the
conduct of subjects during a temporary usurpa-
tion ; because, though it were treasonable to con-
cur in transferring the sovereign authority to an
unjust possessor, it might be meritorious to em-
ploy the authority so transferred for the good of
the country. Now this was the case of Argyle.
He sat, indeed, in Richard's parliament ; but he
sat there, not to support the usurper, but to pro-
cure a diminution of the taxes imposed upon Scot-
land, to prevent the incorporation of the country
with England, and to lend a helping hand to the
restoration of the legitimate monarch. For some
time his fate remained in suspense : it was decided
by the arrival of a small parcel of four or five let-
ters, formerly written by him, partly to Monk, partly
to other Cromwellian officers44. With their purport
we are not accurately acquainted : but the result
proves that they contained strong assertions of
enmity to the king, or of attachment to the pro-
** That these letters were furnished by Monk, is, I think, vic-
toriously proved by Laing, iv. 413 : how far they were letters of
u friendship and confidence," appears to me very uncertain.
Though Burnet and Cunninghame represent Monk and Argyle as
living in habits of friendship, the documents in Thurloe show that
they were distrustful of each other. Thurloe, v. 604 : yi. 311 ;
vii. ,isi.
CHARLES II. W
tector. They were read in the house ; his friends, C H A P.
oppressed with shame and despair, retired ; and lG'QU
judgment of death was pronounced against the un- ■
fortunate nobleman. Still, could he have appealed nation™"
to the king, his life would probably have been May 25.
spared ; but his judges allowed him only forty-
eight hours to prepare for death, and he employed
them in seeking from God that mercy which was
refused to him by man. In the fervour of his
prayer, he thought that he heard a voice, saying,
" Son, be of good cheer, thy sins are forgiven thee;" Anddeath.
and, under this persuasion, he mounted the scaffold
with an intrepidity which disappointed the malice May 27.
of his enemies, and expressed an attachment to the
covenant, which raised him to the rank of a martyr
in the estimation of the kirkmen. His head was
struck oft' by the maiden, and fixed on the same
spike which had supported that of his reputed
victim, Montrose45.
That the forms of justice were violated in this
celebrated trial, no one can doubt. Whatever
may have been the offences of Argyle, they were
not judicially proved. But he had rendered him-
self odious to the cavaliers by his strenuous ad-
" State Trials, v. 1369—1508. Baillie, ii. 451, 2. Kirkton,
100 — i. Wodrow, 42—57. App. 23 — 8, 30 — 15. Clarendon,
58, i\2. Burnet, i. 207—14. At the same time " the parliament
" thought fit to honour Montrose his carcase with a glorious
" second burial, to compense the dishonour of the first, and with
'• him one Hay, of Delgattie (a flagitious papist), and o!;e of
'• his colonels". Kirkton, 122.
58 HISTORY OF ENGLAND.
( ! l A i\ vocacy of the covenant ; to his countrymen by
1(j(ij his subserviency to their English conquerors ;
and to the more moderate part of the clergy, by
his adhesion to the remonstrants. It was sup-
posed that his death had been hastened by his
enemies, as much through the hope of enriching
themselves from the wreck of his fortune, as for
the gratification of revenge. But Charles rescued
his vast possessions from their grasp, and gave
them back, with some exceptions, to his eldest
son, whom he created earl of Argyle46.
Other ex- The execution of this nobleman was followed
by that of Guthrie, one of the most violent and
influential among the protesting ministers. He
had formerly excommunicated Middleton, had
joined the western remonstrants, and been one
of the compilers of the tract, entitled " The
" Causes of God's Wrath " ; and since the restora-
tion, he had called, in defiance of the committee
of estates, a meeting to remind the king of the
duties imposed on him by the covenant, and to
warn him against the employment of malignants
April 11. in his service. He attempted to vindicate his
conduct by appealing to the confession of faith,
the national covenant, the solemn league and
46 The young Argyle., in a private letter to the lord Duffers,
complained in no very measured terms of the commissioner and
the parliament. The letter was intercepted, and the writer
accused of leasingmaking, which by the Scottish law was a ca-
pital offence. The parliament condemned him to death ; but
Charles granted him a pardon, and, after some time, discharged
him from prison. Kirkton, 143.
CHARLES II. 5<)
covenant, and the unbending opposition which he CHAP,
had always offered to the usurpation of the 1G61
Cromwells. But it was resolved that one of the
clergy should suffer as an example to the rest ;
and his colleague, Gillespie, who, by the turbu-
lence of his zeal, and his proud contempt of the
civil authority, had earned an equal, if not a
better, claim to the crown of martyrdom, de-
scended from his high pretensions, and submitted
to solicit the royal pardon, on condition of pro-
moting the cause of episcopacy. Guthrie ap-
peared on the scaffold with an air of triumph,
and harangued the spectators in his usual tone of
invective and enthusiasm. He declared that God
was wroth at the sins of the people ; he threat-
ened them with the worst of the divine judg-
ments ; and foretold that the candlestick of the
kirk would be removed out of its place, a pre-
diction which was verified sooner, perhaps, than
he expected. In company with him perished the
third and last victim, a captain Govan, who had
laid down his arms at Hamilton, and deserted to
Cromwell. Why he was selected to suffer in
preference to so many others, no one knew ; but
it was generally thought that his offence might
have been passed over without notice, on account
of the utter insignificance of the man47.
On the first news of the king's restoration, the Restora-
Scottish ministers had most anxiously deprecated i^'/JL
*7 Baillie, ii. 455, 7, 453. Kirkton, 109,110,111. Wodrow,
.57— 70, 77. App. 17. Burnet, i. 2 1 1.
6o
IlISTOltY OF ENGLAND.
chap, the extension to Scotland of the indulgence to
166'l. tender consciences promised by him at Breda :
in the course of a year they were compelled to
solicit for themselves, and to solicit in vain, that
indulgence which they had so sternly refused
to others48. By the 16th act of the session " the
" settling and securing of church government, as
" might be consistent with scripture, monarchy,
" and peace", had been entrusted to the king :
Middleton now assured him that the restoration
of episcopacy was the earnest wish of the nation ;
and a proclamation soon announced the royal
intention of gratifying that wish, and at the same
time prohibited all meetings of synods and pres-
Sq>. 6. byteries. Of the former prelates, Sydserfe alone
survived ; but he was a man of no estimation
with either party ; and though his ambition as-
pired to the archiepiscopal see of St. Andrews, he
was compelled to content himself with the dis-
tant bishopric of Orkney. The first dignity in
the restored hierarchy was given to one whose
elevation filled the ministers with rage and de-
spair— to Sharp, who had been sent to London
as their agent for the purpose of preserving the
independence of the kirk, and who now returned
wearing the archiepiscopal mitre, the lord of his
former equals, and the subverter of their spiri-
tual rights. In revenge, they pried into the
frailties of bis private, and condemned him of
perfidy in public, life. The charges of incouti-
43 Baillie, ii. 459. Wodrow, Iutrocl. 21,2. App. to do. 57.
CHARLES II. 6l
nency and infanticide may with probability be c H AI>-
attributed to the malice of his enemies ; but the iggi.
result of his mission, so advantageous to himself, — "
so disastrous to his employers, must throw
doubts on his integrity ; and few will give credit
to his assertions that he served the kirk faith-
fully while there remained a chance of success,
and only accepted the archbishopric, when he saw
that his refusal would leave it open to the am-
bition of men of violent and dangerous principles.
By his advice, Fairfoul was named to the see of
Glasgow, Hamilton to that of Galloway, and
Leighton to that of Dumblain. The two first
never equalled the expectations which they had
raised ; the third, son of the Dr. Leighton, who
under Charles I. suffered as the author of " Zion's
" Plea against Prelates", was so distinguished by
his piety, disinterestedness, and learning, that the
enemies of episcopacy could offer no other objec-
tion against him, than that he was in heart a
papist. The four prelates were summoned to the
English capital to receive episcopal ordination,
" a flower not to be found in a Scottish gardine" ;
they were consecrated at Westminster by Shel-
don, bishop of London, and the event was cele-
brated with a banquet, the luxury and splendour
of which afforded matter of censure to their
opponents, and scandalized the simplicity of
Leighton. From the English capital they hasten-
ed to their own country ; at Edinburgh they May h.
were received in solemn procession, the parliament
62 HISTORY OF ENGLAND.
CHAP, invited them by deputation to take their seats in
]tl}6l the house, and an act was passed restoring them
, to " the exercise of the episcopal function, pre-
" cedence in the church, power of ordination,
" infliction of censures, and all other acts of
" church discipline" ; and ordaining that, " what-
" ever should be determined by his majesty with
" their advice and that of other clergymen no-
" minated by him, in the external government
" and policy of the church, should be valid and
" effectual". In a short time the number of pre-
lates was augmented to fourteen, and all minis-
ters, who had entered on their livings since the
year 1649, were ordered to receive collation from
their respective bishops under the penalty of de-
privation49.
Recal of To gild this bitter pill, the commissioner ad-
lish gam- vised the kin& t0 withdraw the English forces
sons. from Scotland. This he thought reasonable, and
his English counsellors, though they still wished
4» Baillie, ii. 459, 460. Kirkton, 81, 5, 135—8. Miscel. Aul.
184. Wodrow, i. 96—163, 114, 116. App. 52. Clarendon, 213.
Burnet, i. 223 — 38. The English bishops would not allow of the
presbyterian ordinations, nor admit that episcopacy, as the pleni-
tude of the sacerdotal character, necessarily included the lower
orders, a principle on which Spotiswood, in the reign of James I.
had been consecrated bishop without receiving the inferior orders.
On this account Sharp and Leighton, who had not received
episcopal ordination, were compelled to receive the orders of
deacon and priest, preparatory to that of bishop. But, on their
return to Scotland, they acted on the principle previously
adopted at the consecration of Spotiswood. Burnet, i. 237.
Wodrow, i. 102, 3. Kirkton, 137.
CHARLES II. 63
to keep their northern neighbours under the yoke, CHAP,
reluctantly acquiesced in the pleasure of their 1661
sovereign. The garrisons were recalled, and the
fortifications, the badges of Scottish slavery, were
demolished. Such, to Scotland, was the imme-
diate result of the restoration ; the nation re-
covered its civil, and lost its ecclesiastical inde-
pendence 50.
II. The reader is aware, that in Ireland a new Transac-
race of proprietors had arisen, soldiers and adven- iSnd.
turers of English birth, who, during the late
revolutionary period, had shared among them-
selves the lands of the natives, whether royalists
or catholics. On the fall of Richard Cromwell, a
council of officers was established in Dublin ; these
summoned a convention of deputies from the pro-
testant proprietors ; and the convention tendered
to Charles the obedience of his ancient kingdom
of Ireland. It was not that the members felt
any strong attachment to the cause of royalty ;
they had been among the most violent and enter-
prising of its adversaries ; but their fear of the
natives, whom they had trampled in the dust,
compelled them to follow the footsteps of the
English parliament. To secure the royal protec-
* Clarendon, 213-6. Burnet, i. 183. Wodrow, 107. To
divert the attention of the more fervent from these changes, they
were exhorted to exercise their zeal against papists and witches.
All the acts against the former were ordered to he put in execu-
tion, and commissioners, to search for the latter, were appointed
in almost every parish. Multitudes were executed for this ima-
ginary offence. Wodrow, 1"?, 8, !'•
GA> HISTORY OF ENGLAND.
CHAl'. tion, they made the king an offer of a considerable
166i sum of money, assured him, though falsely, that
the Irish catholics meditated a general insurrec-
tion, and prayed him to summon a protestant
parliament in Ireland, which might confirm the
existing proprietors in the undisturbed possession
of their estates. The present was graciously
accepted ; and the penal laws against the Irish
catholics were ordered to be strictly enforced ;
but Charles was unwilling to call a parliament,
because it would necessarily consist of men, whose
principles, both civil and religious, he had been
taught to distrust 51.
Restora- The first measure recommended to him by his
tion of J
bishops. English advisers, with respect to Ireland, was
the re-establishment of episcopacy. For this no
legislative enactment was requisite. His return
had given to the ancient laws their pristine
authority, and by those laws no other form of
church government was acknowledged. In virtue,
therefore, of his supremacy, Charles directed the
surviving bishops to take possession of their
respective dioceses, nominated new prelates to
the vacant sees, and authorised them to reclaim
all ecclesiastical property which had fallen into
the hands of laymen. The ministers petitioned
against this measure ; and, had the recent settlers
been true to their principles, a most formidable
opposition would have been raised. But mam-
s' Clar. Contin. 57.
CHARLES II. D5
mon got the better of conscience : they dared not chap.
provoke a monarch, on whose pleasure they de- 1661
pended for the preservation of their lands ; and, >
in a short time, the episcopal hierarchy was
quietly restored to the enjoyment of its former
rights, and the exercise of its former jurisdic-
tion 52.
To this, a work of easy accomplishment, sue- Disputes
respect-
ceeded a much more difficult attempt, — the settle- ing landed
merit of landed property in Ireland. The military, P10Perty-
whom it was dangerous to disoblige, and the
adventurers, whose pretensions had been sanc-
tioned by Charles I., demanded the royal con-
firmation of the titles by which they held their
estates 53 ; and the demand was opposed by a
multitude of petitioners claiming restitution or
compensation ; by officers who served in the royal
army before 1649, and had not yet received the
arrears of their pay ; by protestant loyalists,
whose property had been confiscated under the
commonwealth ; by catholics who had never joined
52 Clar. 105.
53 Charles I. had given his assent to the first act (17 Car. I.),
hut the parliament had afterwards, in 1643, passed the doubling
ordinance, by which, whoever advanced one-fourth more on his
original subscription, received credit for twice the amount of the
whole sum actually furnished. The subscriber of 1000/., by
a, fling 250/., became creditor to the amount of 2.300/., and was
entitled to lands in Ireland of that value. Where the original
subscriber refused, any other person might advance the fourth,
and receive the whole benefit arising from the advance, which
the first had forfeited. Carte's Ormond, ii. 224. In the settle-
ment of Ireland all claims of doubling were rejected.
VOL. XII. I
66' HISTORY OV ENGLAND.
CHAP, the confederate assembly at Kilkenny, or had
16gj faithfully observed the peace concluded with Or-
mond, or had served under the royal banners in
Flanders ; by heirs, whose estates had been for-
feited on account of the misconduct of the last
holders, though they were but tenants for life ;
by widows, who had been deprived of their
jointures ; and by creditors, who could no longer
recover on bond or mortgage 54. Humanity,
gratitude, and justice, called on the king to listen
to many of these claims. He sincerely deplored
the miserable state of the Irish natives, whom the
republicans had swept from the soil of their birth,
and " transplanted " on the barren district be-
yond the Shannon ; and he deemed himself bound
in honour and conscience to protect the interests
of the loyalists, who had followed him in his exile
abroad, or at his command had left the service
of foreign powers to form the royal army on the
continent 55.
The king's From an estimate delivered to the king, it ap-
tion *" peared, that there still remained at his disposal
forfeited lands of the yearly rental of from eighty
to one hundred thousand pounds ; a fund suffi-
ciently amj)le, it was contended, to " reprize " or
compensate all the Irish, really deserving of the
1660. royal favour. Under this impression, Charles
Nov. so. published his celebrated declaration for the settle-
ment of Ireland. It provided, that no person
?* Clar. 60 — 66. ss Clar. 112.
CHARLES II. <>7
deriving his title from the adventurers under the CHAP.
parliament, or the soldiers under the common- l6'6l
wealth, should be disturbed in the possession of
his lands, without receiving an equivalent from
the fund for reprisals ; that all innocents, whether
protestants or catholics, that is, persons who had
never adhered either to the parliament or the con-
federates, should be restored to their rightful
estates ; and that of those who claimed under the
peace of 1648, such as had accepted locations in
Clare and Connaught, should be bound by their
own acts, compulsory as those acts had been ; but
the others should recover their former posses-
sions, or receive lands of equal value.
To this arrangement was appended a list of the
qualifications of innocence, but so constructed as
to exclude from the benefit of that plea the greatest
possible number of catholics. Not only to have
openly adhered to the confederates, but even to
have corresponded with them, or to have derived
advantage from the treaties concluded between
them and Ormond, or to have lived quietly at
home, if that home was situated within the quar-
ters of the confederates, were to be taken as con-
clusive evidence of guilt, and an effectual bar to
relief36.
The subject now came before the Irish parlia-
ment. The commons, who had been returned by
the preponderating influence of the soldiers and
v> [rish Statutes, ii. 23ft— :ns. Carte's Ormortd, ii 21G.
i 2
68 HISTORY OF ENGLAND.
CHAP, adventurers, voted that the declaration should be
itiVi passed into a law ; but by the lords it was con-
. tended that such a law would reduce the old
families, both catholic and protestant, to a state of
penury, in order to establish a new and upstart
June 12. interest in Ireland. By order of the former,
a deputation of the house proceeded to London to
lay the draught of a bill before the king in coun-
cil ; but the lords appointed four commissioners
to oppose some of its provisions ; and the catholics
seized the opportunity to petition by agents in their
own favour.
The par- The contending parties were repeatedly heard
beforethe ^Y Charles himself; and the Irish had reason to
council, expect a favourable result, when they marred their
5ep* cause by their imprudence37. In the ardour of
declamation, they not only defended themselves,
but assailed others. Why, they asked, were they
to be deprived of their estates in favour of rebels
and traitors ? Because, it was answered, they
stood there covered with the blood of one hundred
thousand protestants massacred by them during
their rebellion S8. They, indeed, denied the charge ;
57 See Ormond's Letter in Carte, ii. 233.
58 Walsh (Irish Colours Folded, p. 3.; asserts that their op-
ponents raised the number to three hundred thousand. Mrs.
Macauley (Hist. vi. 62.) tells us that " no attempt was made by
" the papists to disprove the assertion " respecting the massacre.
Most assuredly she could never have heard of the several tracts
written at the time, and provoked by this charge, such as, The
Irish Colours Folded, by P. W. ; A Collection of some of the
Massacres and Murders Committed on the Irish since 1641 ; or
CHARLES II. fi0
they retorted it in the face of their accusers; CHAP,
murder was a crime with respect to which they 1661
were more sinned against than sinning. Their
only wish was that an inquiry should be instituted ;
and that the real murderers, whatever were their
religion, should be excluded from the benefit of
the bill of indemnity. But the patience of Charles
(he had hitherto attended the debates with the
most edifying assiduity), was exhausted ; he
longed to withdraw himself from the recrimina-
tions of these violent disputants ; and on the dis-
covery of an obnoxious paper, formerly signed by
sir Nicholas Plunkett, one of the agents, ordered
the doors of the council to be closed against the
deputies of the natives. The heads of the bill
were then arranged, returned to Dublin, and 1662-
ultimately passed into a law by the parliament 59. Ma?'
But to execute this act was found to be a task Decisions
of considerable difficulty. By improvident grants courtof
of lands to the church, the dukes of York, Ormond, claims.
Walsh's Reply to a Person of Quality ; or to a Person of Quality's
Answer ; or his Letter to the Bishop of Lincoln, p. 225 — 230; or
a Letter to a Member of Parliament, showing the Hardships,
Cruelties, &c. ; or a Briefe Narrative of Cruelties Committed on
the Irish. In Ireland's Case briefly Stated, p. 41, an attempt is
made to prove that the number of persons murdered by the pro-
testants exceeded by six times that of those murdered by the
catholics.
s» Clar. 106 — 115. Carle, ii. 245. Memoirs of Orrery, 67 —
70. The obnoxious paper was the copy of instructions from the
supreme council in 1648 to their agent, to offer Ireland to the
pope, or any catholic power, that would undertake to defend
them against the parliament, (arte, ibid.
"() HISTORY OF ENGLAND.
CHAP, and Albemarle, the earls of Orrery, Montrath,
166'j Kingston, Massarene, and several others, the fund
for reprisals had been almost exhausted ; and yet
it was from that fund that compensation was to
be furnished to the forty-nine officers, to the
ensignmen, or those who served in Flanders, and
to the soldiers and adventurers, who might be
compelled to yield up their plantations by the
1663. court of claims. Among this class, indeed, a
Feb. 15. generai aiarm was excited ; for in the course of
six months, during which the commissioners sate,
Aug. id. several hundred decrees of innocence had been
issued, and three thousand petitions still remained
for investigation. To secure themselves, they
demanded an explanatory act : the duke of Or-
mond, now lord-lieutenant, repaired to London,
and ten months were spent in useless attempts to
reconcile the jarring interests of the different par-
ties.
Intrigues From the very beginning of these transactions,
of. ~Jf. , . the actual occupants of the lands had displayed a
bold defiance of decency and justice in their efforts
to bring the cause to a favourable termination.
1°. They had recourse to bribery. A fund of more
than 20,000/. was subscribed, and placed in the
hands of sir James Sheen, who hastened to Lon-
don, and purchased at different rates, the patron-
age and good offices of persons supposed to pos-
sess influence in the council, or over the mind of
the king60. 2°. To keep up the irritation of the
"• Orrery, Letters, 101. Carte, ii. 232.
CHARLES II. 71
public mind against the Irish catholics, they circu- CHAP,
lated reports of an intended rebellion, forwarded 166'K
to the council informations respecting imaginary
1661.
plots, and, at 1 ength produced a treasonable letter
Dec 2
supposed to be written by one clergyman to ano-
ther, and dropped by the latter, as he made his
escape from the officers of justice. Many priests
were immediately apprehended ; all catholic shop-
keepers and mechanics were banished out of the
principal towns, and the houses of the catholic
gentry were searched for the discovery of arms
and ammunition. But the two clergymen, the
supposed writer and receiver of the letter, boldly Dec. 20.
came forward, and proved the forgery, to the en-
tire satisfaction of the council, and the confusion
of those who had fabricated the pretended conspi-
racy61. 3°. The Irish house of commons, which
61 On this occasion a protestation of allegiance, composed by
Richard Sellings, was approved at a private meeting in Dublin,
and transmitted to London, where it was signed by the principal
of the Irish catholics in the capital, one bishop, several clergy-
men, and many peers and gentlemen. By Charles it was gra-
ciously received ; but certain passages in it were disapproved in
Rome, and censured by the university of Louvain. This did not
prevent the leading catholics in Dublin from subscribing their
names to a circular letter exhorting the laity to sign the protesta-
tion or remonstranc . Ormond, however, ordered the letter to be
suppressed ; and when other instruments were offered him, similar
in their object, but less offensive to the court of Rome in their
language, he rejected them as unsatisfactory. In 1666 a synod
of the clergy subscribed a new form, founded on the celebrated
articles of the Gallican church, but this he also refused to accept.
See Walsh, History and Vindication, &c. 97, 694. What was
Onnond's real motive? " My aim ", he says in a private letter,
72 HISTORY OF ENGLAND.
C HAP. M'as composed of persons deeply interested in the
l66V result, submitted to the approbation of the lord-
lieutenant a new code of rules to be established in
the court of claims. By him it was rejected, on
the ground that such rules would render the proof
of innocence almost impossible ; and its authors,
16G3. in a moment of irritation, moved and carried a
Feb. 28. bold and dangerous vote, pledging the house to
defend the protestants of Ireland against the un-
just decisions of the commissioners. The conse-
quence was soon apparent. The knowledge of
this vote awakened from its slumbers the revolu-
tionary spirit of the settlers, who had formerly
borne commissions in the republican armies. They
had won their lands with the sword, why should
they not defend them with the sword ? Associa-
tions were formed ; plans of attack were arranged •
and two plots, having for their object to seize the
castle of Dublin, and secure the person of the
May 25. lord-lieutenant, were defeated by the previous dis-
closures of some among the conspirators. Of
these, the greater part merited pardon by the
humble confession of their guilt ; several suffered
the penalty of death62.
Final set- The duration of this perplexing controversy at
last induced the most obstinate to relax from their
" was to work a division among the Romish clergy, and I believe
" I had accomplished it to the great security of the government
" and the protestants, and against the opposition of the pope,
" and his creatures and nuncios, if 1 had not been removed '\
Carte, ii. App. 101.
fi Carte, 261, 5, 6, ?0. Orrery, Letters, 134.
CHARLES II.
73
pretensions; and the soldiers, the adventurers, CHAT,
and the grantees of the crown, unanimously con- 16^i_
sented to augment the fund for reprisals by the
surrender of one-third of their acquisitions. The
king by this measure was placed in a situation, 1665.
not indeed to do justice, but to silence the most AuS-
importunate or most deserving among the peti-
tioners ; and, by an explanatory act, he gave
to the forty-nine protestant officers the security
which they sought, and added twenty catholics to
a former list of thirty-four nominees, or persons
to be restored to their mansion-houses, and two
thousand acres of land. But when compensation
had thus been made to a few of the sufferers,
what, it may be asked, became of the officers who
had followed the royal fortune abroad, or of the
three thousand catholics who had entered their
claims of innocence ? To all these, the promises
which had been made by the act of settlement
were broken ; the unfortunate claimants were de-
prived of their rights, and debarred from all hope
of future relief. A measure of such sweeping
and appalling oppression, is perhaps without a
parallel in the history of civilized nations. Its
injustice could not be denied ; and the only apo-
logy offered in its behalf, was the stern necessity
of quieting the fears and jealousies of the Crom-
wellian settlers, and of establishing on a perma-
nent basis the protestant ascendancy in Ireland 03.
Clar. 112, 134. Carte, 310— 6. Irish St. vol. Hi- 2— 137.
I.
1661.
Its conse
quences.
74 HISTORY OF ENGLAND.
CHAP. Though, to facilitate the execution of the act,
it was provided that any doubt on its construction
should be interpreted in favour of the protestant
party ; yet so many difficulties occurred, that se-
veral years elapsed before the settlement was com-
pletely accomplished. The following is the gene-
ral result. The protestants were previously in
possession of about one moiety of all the profitable
lands in the island : of the second moiety, which
had been forfeited under the commonwealth, some-
thing less than two-thirds was by the act confirmed
to the protestants ; and of the remainder, a por-
tion almost equal in quantity, but not in quality,
to one-third, was appropriated to the catholics M.
'4 From a valuable MS. paper belonging to Sheffield Grace,
Esq., and published by him in his interesting Memoirs of the
Family of Grace, it appears that the profitable lands forfeited in
Ireland under the commonwealth, amounted to 7,708,237 statute
acres, leaving undisturbed about 8,500,000 acres belonging to the
protestants, the constant good affection men of the Irish, the
church, and the crown, besides some lands never seized or sur-
veyed.
In 1675, the forfeited lands had been disposed of as follows: —
GRANTED TO THE ENGLISH.
St. Acres.
Adventurers 787,326
Soldiers 2,385,915
Forty-nine officers 450,380
Royal Highness Duke of York 169,431
Provisors 477,873
Duke of Ormond and Col. Butler's lands 257,516
Bishops' augmentations 31,596
4,560,037
CHARLES II. 75
GRANTED OR DISPOSED OF TO THE IRISH. CHAP.
St. Acres. I.
Decrees of innocence 1,176,520 1661.
Provisors 491,001 ■
King's letters of restitution 46,398
Nominees in possession 68,360
Transplantation 541,530
2,323,809
The forty-nine officers are those who claimed arrears for ser-
vice under the king before 1649. The duke of York received a
grant of all the lands held by the regicides, who had been at-
tainted. Provisors, were persons in whose favour provisoes had
been made in the acts. Nominees were the catholics named by
the king to be restored to their mansion-houses and two thousand
acres contiguous. Transplantation refers to the catholics whom
Cromwell forced from their own lands, and settled in Connaught.
There remained 824,391 acres still unappropriated, which
were parts of towns, or possessed by English or Irish without
title ; or, on account of some doubts, had never been set out.
Mem. 37 — 39.
76 HISTORY OF ENGLAND.
CHAP. II.
CHARLES II.
MARRIAGE OF THE DUKE OF YORK OF THE KING SALE OF
DUNKIRK INDULGENCE TO TENDER CONSCIENCES ACT
AGAINST CONVENTICLES WAR WITH THE UNITED PRO-
VINCES—GREAT NAVAL VICTORY THE PLAGUE IN LONDON
FIVE-MILE-ACT OBSTINATE ACTIONS AT SEA GREAT FIRE
OF LONDON PROCEEDINGS IN PARLIAMENT INSURRECTION
IN SCOTLAND SECRET TREATY WITH FRANCE CONFERENCES
OPENED AT BREDA — THE DUTCH FLEET IN THE THAMES
PEACE OF BREDA FALL OF CLARENDON.
CHAP. J\MONG the immediate consequences of the
1660. restoration, nothing appeared to the intelligent
— observer more extraordinary than the almost in-
inulaorali- stantaneous revolution, which it wrought in the
ty- moral habits of the people. Under the govern-
ment of men making profession of godliness, vice
had been compelled to wear the exterior garb of
virtue ; but the moment the restraint was re-
moved, it stalked forth without disguise, and was
everv where received with welcome. The cava-
liers, to celebrate their triumph, abandoned them-
selves to ebriety and debauchery ; and the new
CHARLES II. 17
loyalists, that they might prove the sincerity of CHAP,
their conversion, strove to excel the cavaliers in 1660
licentiousness. Charles, who had not forgotten
his former reception in Scotland, gladly availed
himself of the opportunity to indulge his favourite
propensities. That affectation of piety and de-
corum which had marked the palace of the pro-
tector, Oliver, was soon exchanged for a perpetual
round of pleasure and revelry ; and the court of
the English king, if inferior in splendour, did not
yield in refinement and voluptuousness, to that of
his French contemporary, Louis XIV. Among
the females who sought to win his attentions,
(and this, we are told, was the ambition of se-
veral \) the first place, both for beauty and influ-
ence, must be allotted to Barbara Villiers, daugh-
ter of viscount Grandison, and wife to a gentle-
man of the name of Palmer. On the very day of
the king's arrival in the capital, she established
her dominion over his heart, and contrived to
retain it for years, in defiance of the inconstancy
of his disposition, and the intrigues of her rivals.
With her Charles generally spent several hours of
the day ; and, even when the council had assem-
bled to deliberate in his presence, the truant
monarch occasionally preferred to wile away his
time in the bewitching company and conversation
of his mistress 2.
1 Ileresby, 7.
'2 " He delighted in a bewitching kind of pleasure called sauu-
ring". Sheffield, ii. 78.
78 HISTORY OF ENGLAND.
CHAP. James and Henry, the dukes of York and
iMo. Glocester, religiously copied the example set
them by their sovereign and elder brother. But
before the lapse of six months, Henry was borne
m arn age r J
of James, to the grave 3 ; and soon afterwards it began to
166°- be whispered at court, that James was married to
a woman of far inferior rank, Anne, the daughter
of the chancellor Hyde. The duke had become
acquainted with her in the court of his sister, the
princess of Orange, to whom she was maid of
honour. Anne possessed few pretensions to
beauty ; but wit and manner supplied the place
of personal charms 4 : she attracted the notice of
the young prince, and had the address to draw
1659. from her lover a promise, and afterwards a private
Nov. 24. contract, of marriage. From the Hague, she fol-
lowed the royal family to England ; and, in a few
months her situation induced James to marry her
1660. clandestinely, according to the rite of the church
Sep. 3. of England 5, and to reveal the important secret to
the king, whose objections (for he heard it with
pain) were soon subdued by the passionate impor-
tunity of his brother. To most fathers this alli-
ance would have proved a subject of joy ; but
3 The king- mourned in purple. Pep. i. 139.
4 La duchesse de York est fort laide; la bouche extraordinaire-
ment fendue, et les yeux fort eraillez, mais tre's courtoise. Journal
de Monconis, p. 522. Lyons, 1666. Hamilton says, that she had
Pair grand, la taille assez belle, et beaucoup d'esprit. Mem. de
Grammont, i. 149, Edition de Cazin. Pepys, that she was a plain
woman, like her mother, i. 188.
5 Rennet's Register, from the council book. 381.
CHARLES II. 79
Hyde, with expressions of anger, the extravagance CHAP,
of which might have provoked a doubt of its
1660.
reality, affected to deplore the disgrace of the
royal family, and advised Charles, after the pre-
cedents of former reigns, to send the presumptuous
female to the Tower. Unable to persuade the
king, who, perhaps, laughed at his officiousness in
secret, he confined, in virtue of his parental autho-
rity, the undutiful daughter to a room in his own
house ; while, by the connivance of one of the
family, probably the mother, James had free
access to the cell of the captive, and sought by his
assiduity, to console her for the displeasure, whe-
ther it were real or pretended, of her father.
Neither had the father much reason to complain.
The king made him a present of 20,000/., and
raised him, by the title of baron Hindon, to the
peerage 6.
The choice of James was severely condemned Disap-
by his mother, by his eldest sister, and by the thtTroyaf
political enemies of the chancellor. The princess family,
of Orange, who had recently arrived in England, ep'
declared to the king, that she would never yield
the precedence to a woman, who had stood as a
servant behind her chair. The queen-mother in-
dulged in terms of the bitterest reproach ; and
hastened her promised visit to her children, that
she might prevent so foul a disgrace to the royal
Clarendon, 31,: 32.
so HISTORY OF ENGLAND.
C II AP. houses of England and France7. Charles Berke-
II
1660. l^y? whether he was influenced by enmity to
Hyde, or by the hope of making his fortune, came
to their aid, affirming with oaths, that Anne had
formerly been his mistress, and bringing forward
the earl of Arran, Jermyn, Talbot, and Killigrew,
as witnesses of her loose and wanton behaviour.
Lastly, divines and lawyers were produced, grave
and learned casuists, who maintained in presence
of the duke, that no private contract of marriage
on his part could be valid without the previous
consent of the sovereign. The resolution of James
was shaken : he interrupted his visits to Wor-
cester-house, and assured his mother and sister,
that he had ceased to look upon Anne as his law-
ful wife.
Oct. 22. In a few weeks she was delivered of a son.
While she lay in the throes of childbirth, her con-
fessor, Dr. Morley, bishop elect of Worcester 8,
7 She previously intended to come, that she might meet all her
children together, and look after her dower. Clar. 32 -36. It
would appear, that the lands settled on her as her dower, had
been in a great measure shared among persons who had a hand in
her husband's death. On inquiry, the present holders were found
to be Okey, Walton, Scroop, Norton, Pride, Whalley, Edwards,
and Tichborne, the king's judges ; Dendy, serjeant at arms to the
court; Lambert, and Blackwell. Journ. of Com. 1660, June, 23.
8 Morley tells us, that she was accustomed to receive the sacra-
ment every month, and then proceeds thus : " Always the day
" before she received, she made a voluntary confession of what
" she thought she had offended God in, either by omission or com-
" mission, professing her sorrow for it, and promising amendment
" in it; and then kneeling down, she desired and received absolu-
" tion in the form and word? prescribed by our church"" Morley
apud Kennet, Register 385.
CHARLES II. 8
standing by the bedside, adjured her in the name chap.
of the living God, to speak the truth before the jgjj
noble ladies, who attended by order from the
king. To his questions she replied, that the
duke was the father of her child, that they had
been contracted to each other before witnesses,
and that she had always been faithful to his
bed.
For some days James had continued silent and Publicly
melancholy. The birth of the child, and the as- ledgedT"
sertions of the mother, revived his affection ; on Nov. 10.
examination, Berkeley confessed that his charges
against her were calumnies, and the duke, ashamed
of his credulity, resolved to do her justice. He
visited her at her father's house, sent for her ac-
cusers, and introduced them to her by the title of
duchess of York. They knelt, she gave them her
hand to kiss, and, acting up to the instructions of
her husband, never afterwards betrayed any hos-
tility against them. One of her enemies, the prin- Dec 2t.
cess of Orange, died ; and the queen-mother, at the
request of the French minister Mazarin, who
wished to conciliate the chancellor, desisted from
her opposition. Anne was received by her at court 1661.
with a smiling countenance, and the appellation Jan- '•
of daughter ; and the new duchess supported her
rank with as much ease and dignity as if she had
never moved in an inferior situation 9.
9 See Clarendon's very minute and ridiculous account of the
whole transaction, 28 — 40. Pepys, i. 144, 50, .57, 62, 64, 65.
Mem. deGrani. i. 233—241.
vol,, xii <;
82 HISTORY OF ENGLAND.
CHAP. This marriage was founded in affection: two
1(J(jl others followed, the origin of which, is to be sought
in the policy of courts. The treaty which Ma-
of tile80 zarm concluded with Cromwell had taught the
princess French monarch to value the aid of that power by
which he had been enabled to conclude with honour
and profit the long and expensive war with Spain.
Still Spain was a formidable rival : the existing
peace was considered by the two cabinets as only
a breathing time preparatory to the renewal of
hostilities : and Louis, to Secure the services of
England under the restored dynasty, resolved to
cultivate the friendship of the prince whom, to
gratify Cromwell, he had formerly excluded from
his dominions. To secure this became, during the
whole reign of Charles, one great object of French
policy ; and the first step taken was the proposal,
through the queen-mother, of a marriage between
Henrietta, the youngest sister of Charles, and
Philip, the only brother of Louis. To Henrietta
it opened a brilliant and seducing prospect ; by
the English king it was received with joy and
March 31. gratitude ; and the ceremony was performed with
becoming magnificence, soon after the return of
Portu- the princess with her mother to France10.
match Charles himself, in 1659, with the hope of re-
proposed.
10 These reasons are assigned by Louis himself, as his motive
for proposing the marriage. CEuv. i. 61. Charles, by the marriage
contract, bound himself to give his sister 40,000 jacobuses, by
way of portion, and 20,000 as a present. Dumont. vi. par. ii.
p. 354.
CHARLES II. 83
pairing by the assistance of France the loss which CHAP,
his interests had suffered from the defeat of sir i66i.
George Booth, made the offer of his hand to the
niece of the cardinal Mazarin ; but that minister,
having received an unfavourable account of the
royal party in England, modestly declined the
honour, as far above the pretensions and the
wishes of his family. In a few weeks the tide of
popular feeling turned in favour of royalty, and
Mazarin sought to renew the negociation ; but
the king's ardour for the lady had already cooled :
to recover his crown, he wanted not the assistance
of her uncle ; and he was unwilling to bind him-
self in the trammels of wedlock n. After his re-
turn, the more sober among his counsellors saw
with pain the scandal which he gave by his amours;
they repeatedly and earnestly advised him to
marry ; and at last the example of his brother in-
duced him to think seriously on the subject. But
against the royal and princely families in the north
of Europe he had, from some cause or other, con-
tracted an invincible antipathy ; and to marry a
catholic princess from the south was likely to
shock the religious prepossessions of the majority
of his subjects. From this state of indecision he
was drawn by a tempting proposal, made through
the Portugese ambassador, at the secret instigation
of the French court. During the war between
France and Spain, Portugal, with the aid of the
" James, Memoirs, i. 395.
c; 2
! HISTORY OF ENGLAND.
CHAT, former, had preserved its independence ; but, by
Kiel, the treaty of the Pyrenees, Louis had bound him-
self to leave the house of Braganza and its rebel-
lious adherents to their fate. It was not, however,
his intention that Portugal should be again in-
corporated with Spain, and, aware that the king
Alphonso, a weak prince under the guardianship
of his mother, could oppose no effectual resistance
to his more powerful foe, he suggested to the court
of Lisbon a marriage between Donna Caterina, the
king's sister, and Charles king of England. It
would induce the English monarch to support the
pretensions of his wife's family, and would open a
new channel, through which France might for-
ward assistance to Portugal without any manifest
violation of its friendly relations wtih Spain12.
The advice was adopted ; and Francisco de Mello,
12 Le premier de soutenir les Portugais que je voyois en danger
de succomber bientot sans cela ; le second de me donner plus de
moyen de les assister moi-meme, si je le jugeois necessaire, non-
obstant le traite des Pyre'nees, qui me le defendoit. Louis, GEuvres,
i. 62. It is amusing to observe ho;v the royal casuist proceeds to
justify this underhand dealing, the sending, under false names, of
^orces to the aid of a power, which he had bound himself by treaty
entirely to desert. He tells us that the experience of centuries
had taught the French and Spanish courts to know the real import
of the words employed in the treaties between them : that the ex-
pressions " perpetual peace" and ' ' sincere amity," &c. were used
with as little meaning as compliments in ordinary conversation ;
aud that neither party expected any thing more from the other
than to abstain from manifest and public violations of the articles,
while each remained at liberty to inflict on his rival, by clandes-
tine and circuitous means, every injury in his power. This neces-
sarily followed from the great principle of self-preservation. Ibid.
63—65.
CHARLES II. S5
the ambassador in London, offered with the prin- chap.
ii
cess a dower of 500,000/., the possession of Tan- 1661
gier on the coast of Africa, and of Bombay in the
East Indies, and a free trade to Portugal and the
Portuguese colonies. Charles consulted Hyde,
Ormond, Southampton, and Nicholas; their advice
concurred with the royal inclination ; and De
Mello was given to unerstand that the proposal
would be accepted 13.
The treaty with this minister had not escaped Opposi-
tlie notice of Vatteville, the Spanish ambassador, Spanish
who the moment he discovered its real object, re- a™bassa"
presented to the king, that Spain would never
forego her claim to the crown of Portugal ; that
the Donna Caterina was known to be incapable of
bearing children ; and that a marriage with her
would infallibly lead him into a war, and deprive
his subjects of the Spanish trade ; but that, if he
chose to take one of the two princesses of Parma,
Philip would give with either the dower of a
daughter of Spain. Charles began to waver ; he
listened to the suggestions of the earl of Bristol,
the enemy of the Portuguese match ; and that no-
bleman proceeded by his order on a secret mission
to the city of Parma. There he saw the two prin-
cesses on their way to church, and nothing more
was necessary to hasten his return. One was so
plain, the other so corpulent, that he dared not
recommend either to the royal choice14.
■a Clarendon, 78—81.
* Clarendon^ 86 — 89. Clarendon, Pap. Supplem. ii. viii.
S6 HISTORY OF ENGLAND.
CHAP. Iii the meantime Charles had been recalled to
J,!; his first intention by the remonstrances of his ad-
1001. j
visers, and the arguments of the French king.
Ehe , Bastide, secretary to the late ambassador, Bor-
Frencn J
king ad- deaux, arrived in England with a commission to
y!ses ! ' purchase lead for the royal buildings in France ;
March. J m °
but, in a private conference with Hyde, he in-
formed that minister that his real object -was to
propose the means of establishing a private com-
munication between the two kings, to be conducted
by the chancellor on one part, and Fouquet on the
other, without the knowledge of their colleagues
in the cabinet, or of the ordinary ambassadors at
either court. Charles eagerly accepted the propo-
sal ; and the correspondence was maintained dur-
ing five months, till the disgrace of Fouquet.
Aug. 26. During that time Louis continually inculcated the
advantages of the Portuguese match, offered
Charles a considerable sum of money to purchase
votes in the parliament, consented to lend him
50,000/. whenever he might want it, and engaged
to furnish two millions of livres, in the event of
a war between England and Spain 15. Thus was
•s Clarendon, 90. CEuvres de Louis XIV. i. 67, and the corre-
spondence itself in the supplement to the third volume of the Cla-
rendon papers, i — xv. Charles acquainted no one but his brother
James with the secret. Two others were employed in it: Bas-
tide, as secretary to Fouquet, and lord Cornbury, Clarendon's
eldest son, as secretary to his father. Hyde had the prudence or
the honesty to refuse an offer of 10,000/. from Louis, though both
Charles and James laughed at his simplicity, but he afterwards
accepted a present of all the books which had been printed at the
royal press, in the Louvre. Clar. 92; pap. iii. Supplcm. i. xi. xiv.
CHARLES II. 87
laid the foundation of that clandestine and conn- CHAP,
dential correspondence between Charles and Louis, 166\
which, in a short time, rendered the king of Eng
land the pensionary, and therefore, in a great
measure, the dependent, of his good brother, the
king of France,
But Vatteville did not long rely on the success Resolved
of Bristol's mission. The representative of the council,
catholic king undertook to dissuade Charles from March 28.
marriage with a catholic princess ; he proposed to
him a daughter of the king of Denmark, or of
the elector of Saxony, or of the prince of Orange, May 3.
and engaged that his master should give with any
of them the same portion which had been offered
with a princess of Parma. At the same time he
sought to form a party in the parliament and the
city. He opened his table to the discontented,
distributed money to the needy, and scattered in
the streets printed copies of his memorials against
a catholic, and of his offers in favour of a pro-
testant, match. But these efforts proved fruit-
less. The amount of the dower, the settlements
in the Mediterranean and the East Indies, and the
concession of an unrestricted trade to Portugal
and its dependencies, presented advantages cer-
tain and present ; while the dangers predicted on
the score of the infanta's religion were at the best
distant and uncertain. A full council of cioht-
and-twenty members had, without a dissentient May 2.
voice, advised the king to conclude the marriage ;
the two houses presented to him addresses of ap- May 8.
JlllK
88 HISTORY OF ENGLAND.
c H A P. probation ; the treaty was signed ; and Montague,
1661# now earl of Sandwich, received the command of
a fleet, with instructions to cruize in the Medi-
terranean, and, at the appointed time, to bring
the Portuguese princess to England 10.
Rencontre Vatteville bore the disappointment with impa-
thenvo patience, and whether he thought to mortify the
ambassa- French court for its interference, or only to gra-
tify the pride of his countrymen, he announced
his intention of reviving the ancient quarrel for
precedency between the crowns of France and
July 20. Spain. On the first occasion, the entry of Carara,
the Venetian ambassador, Charles prevailed both
on Vatteville and on D'Estrades, the representa-
tive of Louis, to take no part in the ceremony :
but the latter was reproved for his condescension
by his court ; each prepared to assert his claim
on the next opportunity, the expected entry of
Brahe, the Swedish ambassador, and the king,
unable to restrain these champions of vanity, for-
bad his subjects by proclamation to interfere in
the contest. D'Estrades summoned every French-
man in London, on his allegiance, to support the
honour of his sovereign ; he sent for reinforce-
ments to Boulogne of which he was governor, and
introduced into his house in disguise several of
the officers and troopers belonging to that garri-
son. Vatteville, who could not muster so forrnid-
"■ Clarendon, 89. Papers, iii. Sup. ii. v. vi. vil. L. Jouni. xi.
241; 4j 252. Kcnnct. Reg. 131.
CHARLES II. *9
able a force17, sought to compensate by art for CHAP.
inferiority of number, ordering the traces of his 2 "
carriage to be made of chains of iron covered
with leather, and allotting to each of his followers
his particular station and employment. The
Tower wharf was selected for the field of battle ; gep. 30.
at noon arrived the carriage of the Spanish am-
bassador with about forty servants in liveries ;
and about two, that of the French ambassador,
attended by one hundred persons on foot, and
about forty on horseback, armed with pistols, or
musquetoons and carbines. At three Brahe landed
at the stairs ; and the moment he departed in one
of the royal carriages, those of the two ambassa-
dors started for the place of honour. The oppo-
site parties charged each other ; the shouts of the
crowd animated the combatants ; blood began to
flow, and more than fifty j>ersons were killed or
wounded in this extraordinary fray. The victory
remained with the Spaniards. The French coach-
man fell from his seat ; the horses were disabled,
and the traces cut. Vatteville's carriage instantly
took the place of honour ; its attendants, though
repeatedly charged, gallantly repulsed the assail-
ants ; and the conquerors, as they passed through
the streets, were loudly cheered by the populace
and the soldiery 18. Louis received the news with
17 D'Estrades assured his master that the Spaniards were aided
by several thousand Englishmen. He can only mean that they
encouraged the Spaniards by their shouts.
" It is strange to see how all the city did rejoice. And, in-
" deed, we do all naturally love the Spanish, and hate the French/"
9© HISTORY OF ENGLAND.
CHAP, feelings of grief and indignation, not that he la-
,*?.', raented the fate of those whose lives had been so
wantonly sacrificed, but that he deemed his reputa-
tion lowered in the opinion of other powers, be-
cause the representative of a rival crown had gained
the superiority in a senseless and disgraceful
quarrel. Without a moment's hesitation he sent
Fuensaldagna, the Spanish minister, out of his
dominions, demanded ample reparation from the
court of Madrid, and refused to listen to any ac-
commodation, till Philip had expressed his sorrow
at so untoward an occurrence, recalled his pugna-
cious representative from London, and promised
that his ambassadors should always absent them-
selves from ceremonies, in which there might be
danger of their coining into competition with those
of the French crown !9.
Arrival of In the meanwhile, the earl of Sandwich with
the prin-
cess.
Pepys, i. 223. I have taken the particulars of this fray from Eve-
lyn's official account, ii. 458. Pepys, i. 2 — 214. Clarendon
Papers, iii. Suppl. xvii. Rugge's MS. 297, and Louis XIV. i.
118.
'9 CEuvres de Louis, i. 125, 131. Dumont, vi. part. ii. p. 403,
4. Para se abstengan y no concurran con les embaxadores y
ministros de V. Majestad en todas las funciones y ceremonias
publicas. Dumont, ibid. This voluntary absence was explained
by Louis to be an acknowledgment of his superior rank ; and it is
amusing to observe how vain he was of it. Je ne scais, si depuis
le commencement de la monarchic il s'est rien passe de plus glo-
rieux pour elle . . . c'est une espece de hommage, qui ne laisse plus
doubter a nos ennemis mcme, que notre couronne ne soit la pre-
miere de toute la chretiente . . . C'etoit un malheur que ce tumulte
de Londres ; ce seroit maintenant un malheur qu'il ne fut pas
arrive, i. 132, 130.
CHARLES II. 91
the English fleet, having swept the Mediterranean CHAP.
II.
1661.
of the Turkish corsairs, and made a bold, but
fruitless attempt on the shipping behind the mole
at Algiers, received from the Portuguese posses- July 31*
sion of Tangier, part of the marriage portion of 1662'
the infanta. The return of spring summoned
him to Lisbon, and Donna Caterina, bidding
adieu to her relatives and native land, embarked April 13.
on board his ship, the destined bride of the
English monarch20.
To Mrs. Palmer the approaching marriage was
a subject of anxiety and distrust. Charles, that
he might pacify the temper of his imperious mis-
tress, redoubled his attentions. He generally
dined and supped at her house ; he made her the
most costly presents ; he created her husband,
against his will, earl of Castlemain in Ireland,
with remainder to the issue male of the body of
his wife, the lady Barbara, and he solemnly pro-
mised, that, instead of banishing her from court,
he would appoint her lady of the bedchamber to
the new queen. The birth of a son at Hampton-
court confirmed her influence over her lover21.
On the arrival of the fleet at Spithead, Charles King's he-
quitted the house of Castlemain to meet the in- jjer.
fanta. In point of personal attractions and fa- May 20.
shionable acquirements, she could not stand the
competition with her dazzling and formidable
,0 Rennet's Register, .512 — 617, 6.52. Clarendon, 165.
»' PepySj i. 235, 21.3, 261, 267.
92 HISTORY OF ENGLAND.
CH AT. rival : yet she was not without claims to heauty ;
.Jjj her good nature and good sense gave a charm to
her conversation, and the more she was known,
the more she displayed the amiable qualities of
her heart. The king was gratified beyond his
expectations ; he thought himself fortunate in the
acquisition of such a wife, and so little did he
know of his own heart, that he boasted to his
friends of the pattern of conjugal fidelity which
he should thenceforth set to his court22. The
royal pair came by easy journeys to Hampton-
court, and lived for a few days in the most edify-
ing harmony. But it was not the intention of
Charles to estrange himself from the company of
Castlemain, nor had he forgotten the imprudent
promise which had been wrung from him by her
tears. One day, taking " the lady " (such was
her usual designation) by the hand, he presented
her to the queen in the midst of a brilliant court.
Catherine was able to subdue her feelings for the
32 If Hume talk of " the homely person" of Catherine, others
who knew her better, describe her differently. Clarendon, Contin.
167. Clar. Pap. iii. Supplem. xx. Charles himself, in a letter
to the chancellor, speaks of her thus: "Her face is not so exact
" as to be called a beauty, though her eyes are excellent good, and
" not any thing on her face that in the least degree can shoque
" one. On the contrary, she has as much agreeableness in her
" looks altogether, as ever I saw ; and, if I have any skill in
" physiognomy, which I think I have, she must be as good a
" woman as ever was born. Her conversation, as much as I can
" perceive, is very good ; for she has wit enough, and a most
" agreeable Voice. You would much wonder to see how well we
" are acquainted already. In a word, I think myself very happy."
Macpherson Papers, i. 22, note.
CHARLES II. 93
moment. She gave to her rival a most gracious CHAP,
reception: but in a few minutes her eyes were 1661
suffused with tears ; the blood gushed from her
nose : and she was conveyed in a fit to her apart-
ment23. By the king, this incident was con-
sidered a most heinous offence. He declared
that he would never submit to the whims of his
wife : he had been the cause of Castlemain's dis-
grace ; he was bound in honour to make her
reparation. His dissolute companions applauded
his firmness : Ormond and Clarendon ventured to
remonstrate against the indecency and cruelty of
the appointment. To their surprise, he replied,
that whoever should oppose his design, would
become the object of his everlasting displeasure,
and that they, if they wished to please him,
should employ their influence to overcome the
obstinacy of the queen'24. Clarendon had the
meanness to undertake an office which he ab-
horred ; but Catherine refused to listen to his
advice. Charles at the same time subjected her
to the most painful mortifications. The Portu-
guese ambassador was insulted on her account ;
her countrywomen were sent back to Portugal ;
Castlemain was daily introduced into her apart-
ment, where the mistress received the attentions
of the king and the courtiers, while the queen
sate alone, silent and unnoticed. For several
weeks she maintained the unequal contest : at last
23 Clarendon, 168. 24 See the letter of Charles, note (A).
J)4 HISTORY OF ENGLAND.
CHAT, her resolution failed : she consented to accept the
II.
1661.
services of her rival, and even treated her with
kindness in private as well as public. But it was
now too late : Charles applauded himself for his
victory over what he called her wayward and
wilful temper ; and those who had before admired
her constancy, pronounced her a weak and mu-
table woman25. The empire of Castlemain was
established. She waited, indeed, (for such was
the will of the king,) on Catherine ; to the scan-
dal of all good protestants, she even attended her
to mass ; but, on other occasions, the mistress
proved the centre of attraction ; the king was
always to be found at her suppers and entertain-
ments ; officers were placed and displaced at her
suggestion ; and she at last obtained the higher
rank of duchess of Cleveland for herself, with
remainder to Charles and George Fitzroy, her
children by the king. Catherine, on the con-
trary, abstained from all political intrigue ; and,
notwithstanding the prejudice against her reli-
gion, by her continual study to please her hus-
band, the meekness with which she bore her
wrongs, and the dignity and grace with which
she performed the duties of her station, grew
daily in the esteem of the public. Charles him-
self condemned, though he did not reform, his
conduct, and, on occasion of her sickness, dis-
played all the anxiety and grief of the most
95 Clar. 169—180.
CHARLES II. 95
affectionate husband. The physicians had de- chap.
spaired of her life ; and when she prayed him to l66\^
allow her body to be interred with the remains of
her fathers, and to protect her native country °ct- 2-
from the tyranny of Spain, he fell on his knees,
and bathed her hands with his tears. Yet from
this affecting scene he repaired immediately to
the house of Castlemain, and sought amusement
in the conversation of a new mistress, la Belle
Stuart, the daughter of Walter, son of lord
Blantyre26. Catherine, however, recovered, and
the king pursued his wonted course of dissipation
and gallantry.
With the infanta, Charles had received in money Sale of
and merchandize a portion of 350,000/. This
sum afforded a temporary relief to the needy
monarch ; but the expenses of the armament under
lord Inchiquin for the protection of Portugal, and
of the expedition destined to take possession of
Bombay, soon involved him in fresh pecuniary
embarrassments. The chancellor, to whose neg-
ligence he imputed the insufficient provision made
for him by the convention parliament, saw that,
to prop up his declining credit, it was necessary
to discover some new resource ; and he suggested
to Charles and the duke of York, the sale of
*s Lettres du comte de Comminges, Pepys, v. App. 455, 456.
He was sure to find Stewart at Castlemain's, for " il menaca la
" dame, ou il soupe tons les soirs, dc ne mettre jamais le pied
" chez clle, si la demoiselle n'y e"toit." 1.5.5. Sec also the Diary of
Pepya himself, ii. 41, 50, 61, 103, 5, 6, 116, 143, 355.
96 HISTORY OF ENGLAND.
CHAP. Dunkirk to the French kino-. A few weeks only
had elapsed since he had described in strong
- colours the advantages which the nation derived
May 19. from the possession of that sea port : Charles,
however, assented to the proposal ; Bellings was
secretly despatched to Paris ; and D'Estrades,
who had been appointed ambassador to Holland,
came to England, at the invitation of the king,
but under pretence of private business, in his way
to the Hague. Clarendon's first attempt was to
shift the responsibility of the measure from him-
self to the council ; and with that view Charles
mentioned it at his house before the duke, the
treasurer, the lord-general, and the earl of Sand-
wich, who, though they acknowledged that the
charge of the place, amounting to the annual sum
of 120,000/. exceeded its real value, were still un-
willing to part with it, unless at a price which
might justify the sale in the eyes of the public.
Aug. ?. The negociation now began. Clarendon asked
twelve, D'Estrades offered two millions of livres ;
but the first descended by degrees to seven, the
other rose to four, and the bargain was at last
Sep. a. concluded for five millions. Here, however, a
new difficulty arose. Charles required to be paid
in ready money ; Louis would only advance two
millions at once, and pay the remaining three by
instalment, in the course of two years. Both
were inflexible ; and D'Estrades had sent his ser-
vants on board a vessel preparatory to his depar-
Sep. 1.5. ture, when an expedient was proposed and ac-
CHARLES II. 97
cepted, that Louis should give bills for the CHAP,
remainder, payable at different dates, which 1662.
Charles might sell at the highest price which he
could procure. The treaty was now signed ; 1T"
and the conditions on both sides were faithfully
executed 27. But the French king proved too
adroit for his English brother. A banker from
Paris arrived in London, and, after a short nego-
ciation, discounted the bills at something more
than sixteen per cent. But the man was in
reality a secret agent of the French cabinet ; the
money which he paid was supplied by the French
treasury ; and Louis, by this artifice, was enabled
to buy up his own securities at a profit of five
hundred thousand livres ~28.
Though Charles and his minister congratulated
themselves on their success, they afterwards
looked back on it with feelings of regret. The
sale of Dunkirk had no small influence on the
subsequent fortune of each. The possession of it
had flattered the national pride : it was a com-
pensation for the loss of Calais ; it might equally
*7 Clarendon, in the continuation of his own life, has given a
detailed account of this transaction, written evidently for the pur-
pose of exculpating himself: but his narrative is perpetually be-
lied by the original documents in the " Lettres d'E^trades, 279,
" 282, 283, 421, &c. in the supplement to the third volume of the
" Clarendon Papers, xxi. — xxv., in Combe's Sale of Dunkirk,
" London, 1728, and Pepys, ii. 369."
38 Je gagnai sur ce marche cinq cent mille livres, sans que les
Angloiss'en appercussent .... le banquier c-toit un homme interpose
par moi, qui faisant le paiementde mes propres deniers, ne profi-
toit point de la remise. (Euvres de Louis XIV. i. 17(i.
VOL. XII. II
98 HISTORY OF ENGLAND.
CHAT, open a way into the territory of England's most
~~' ancient and natural enemy. But Charles had sold
it, not, it was said, to defray the expences of the
state, but to satisfy the rapacity of his mistresses,
and to indulge in his wonted extravagance ; and
Clarendon had advised the sale, not through any
wish to gratify his sovereign, but in consequence
of an enormous bribe from the king of France.
This charge was undoubtedly false ; but the mag-
nificent pile which lie built for the residence of
his family, was taken as a proof of his guilt, and
the name of Dunkirk-house, which it soon ob-
tained, served to confirm and perpetuate the
belief of the people'29. The public discontent
began to be openly expressed ; Charles saw a for-
midable party growing up against him ; and
Clarendon, after a protracted struggle, submitted
to his fate, and fled to the continent 30.
Disputes We may now proceed to an important and per-
toferatioii! Pyxing question, on which it was impossible for
the king to decide, without giving offence to a
considerable portion of his subjects — the indul-
gence to tender consciences, which he had pro-
mised in the declaration from Breda. Two years
had been suffered to elapse, and yet he had done
nothing to fulfil, but much that seemed to violate
his word. The advocates of intolerance main-
•9 Pepys, ii. 250.
3° It is singular, that though Clarendon had spent so many
years in exile, he employed Bellings, throughout the negotiation,
as inte "prater b itween him and D'.Estrades.
CHARLES II. 9.')
tained that he was no longer bound by the decla- CHAP,
ration. To whom, they asked, had it been 1G6'2
made ? To the parliament then sitting ? But
that parliament had released him from all re-
sponsibility, by neglecting to remind him of the
subject. To the people at large ? But the
people had transferred their rights to their repre-
sentatives in the succeeding parliament, and those
representatives had set the question at rest by
enactments incompatible with such indulgence31.
This sophistry, however, did not satisfy the royal
mind. Charles thought himself bound in honour
to redeem his pledge ; and, anxious as he was to
replace the church on its former foundation, he
still deprecated every measure which savoured of
hardship or persecution against those who dis-
sented from it. At the request of the presby-
terians, whose deputies were introduced to him
by the lord-general, he promised to suspend the
execution of the act of uniformity for three
months, provided they would consent to read the
book of common prayer during that period. Cla-
rendon, though lie disapproved of the promise,
thought that, since it had been made, it ought also
to be observed ; but the bishops and their friends
pronounced it dangerous ; the judges illegal ; and
all agreed that, in defiance of the royal prohibi-
tion, the patrons of benefices held bv non-con-
■" Kennet's Reg. 650. Address of ( 'ommonsj Journals, Feb. 27,
1663.
II 2
10O HISTORY OF ENGLAND.
CHAP, formists would present on the appointed day, and
!66-2. that their presentations would be allowed by the
courts of law. With feelings of shame the king
recalled his word : the act came into force on the
2<Ath of August, and two thousand ministers (the
number is perhaps exaggerated,) resigned, or were
Aug. 24. deprived. The whole kingdom resounded with
apologies on the one side, and complaints on the
other. It was said that those who would not
comply with the regulations, ought not to partake
of the good things of the church ; that the non-
conformists were previously intruders ; and that
they suffered no more than they originally in-
flicted. It was replied, that the established clergy
were ejected during the rage of civil war, the mi-
nisters in a season of domestic tranquillity : the
former incumbents, by their hostility, provoked the
resentment of the ruling power ; the present by
their services in the restoration deserved its grati-
tude : the crime of the first was their political
conduct ; of the latter adhesion to the dictates of
conscience : then a pittance, at least one-fifth of
the income, was reserved for the family of the
sufferer ; now he was turned adrift, with no other
resource but the casual benevolence of the pious
and the humane 32.
Declara- The king, though he had been compelled to
dulgence!" Yie^> vet ne^c^ nimself bound by his promise ; and
this feeling was kept alive by repeated petitions
Clarendon, 156 — lco. Kennet, 747.
CHARLES II.
101
from the presbyterians, the independents, and the CHAP.
Roman catholics, who all claimed the benefit of the l66'2-
declaration from Breda 33. The question was
again referred to the council ; the leading mem-
bers argued against indulgence ; Robartes, lord
privy seal, and Bennet, the new secretary of state,
in its favour. The sovereign, they contended,
possessed in virtue of his supremacy, the right of
suspending penal laws in matters of religion;
James and Charles had raised a yearly revenue by
the sale of such protections ; and the king might
lawfully exercise a power which had never been
denied in his father or grandfather. The sug-
gestion was approved ; and notice of the royal
intention was given in the declaration which he Dec. 6.
published for the purpose of refuting " the four
scandals cast on the government". J°. There-
publicans feared, and the discontented maintained,
that the act of indemnity had been passed merely
as a temporary measure, and that it was still in-
tended to sacrifice, to the revenge and rapacity of
the royalists, the lives and fortunes of those who
had served the protector or the commonwealth.
To this " scandal " the king replied by promising
that, as he had freely confirmed, so he would most
33 Both independents and presbyterians were true to their prin-
ciples. The independents sought to obtain indulgence for all,
catholics as well as others : the presbyterians could not in con-
science concur in favour of the catholics, though they would not
oppose them. The king might do as he pleased, but they would
not advise him, or encourage him to do it. Baxter's Life, part ii.
p. 129.
»02 HISTORY OF ENGLAND.
(HAT. religiously observe, every provision in the act.
1662. 2°. The successive revolutions of the last twenty
years had taught men to doubt the stability even
of the present government. It was the conviction
of the royal brothers that, if at the commencement
of the civil war, their father had possessed a small
regular force, he might at once have put down
his opponents ; and under this notion, when the
army was disbanded, they retained in pay two or
three regiments, with three troops of horse guards.
The whole establishment did not amount to five
thousand men °4. Yet this force, small as it was,
excited alarm. It might be augmented, and em-
ployed not to suppress insurrection, but to sub-
vert the national liberties. Most of the nations
on the continent had been originally free : it was
by the institution of standing armies that they
had been enslaved by despotic monarchs. Charles
defended his conduct on the ground of necessity.
While so many factious spirits were employed in
agitating the public mind, neither the person of
the sovereign nor the freedom of the parliament,
34 July 4, 1663. " I saw his majesty's guards, being of horse
" and foot 4000, led by the general the duke of Albermarle, in
"extraordinary equipage and gallantry, consisting of gentlemen
" of quality and veteran soldiers, excellently clad, mounted and
" ordered, drawn up in battalia before their majties in Hide-
" park, where the old earle of Cleveland trail'd a pike, and led the
" right-hand file in a foote company, commanded by the lord
" Wentworth his son, a worthy spectacle and example, being both
" of them old and valiant soldiers". Evelyn, ii. 202. See also
the Travels of Cosmo^ iii. 306.
CHARLES II. 103
could be secure without an armed force. Of this CHAP,
proof had been furnished by the insurrection 1662.
under Vernier. But let the laws resume their
former empire, let the discontented abandon their
rebellious designs, and he would reduce that force
to the smallest number consistent with the dignity
of the crown ; for he would not yield to the most
liberal among his subjects in his detestation of
military and arbitrary rule. 3°. By many it was
said that the act of uniformity proved him to be
a faithless unprincipled persecutor. He denied
the charge. He had, in the first place, as in duty
bound, provided by the act of uniformity for the
settlement of the church ; it was his intention, in
the next place, to fulfil his promise of securing
case to those who, through the scruples of a mis-
guided conscience, refused to conform. For this
purpose, he would make it his special care to
solicit from parliament an act enabling him " to
" exercise with more universal satisfaction that
" power of dispensing, which he conceived to
" be inherent in the crown." Nor did he
doubt of the concurrence of the two houses.
It was a measure to which he was pledged by his
declaration from Breda, and without which it
was unreasonable to expect the restoration of
public tranquillity. 4°. But the most pernicious
scandal remained, that- the king was a favourer
of popery. This was the artifice by which so
many well-meaning protestants had been seduced
to bear arms against his father, and his enemies
104 HISTORY OF ENGLAND.
CHAP, had recourse to it at the present time with inten-
1662. tions equally disloyal. Of his firm adhesion to
the true protestant religion he had given convinc-
ing proofs under the most trying circumstances.
Yet he could not but know that the greater part
of the English catholics had adhered, at the risk
of their lives and fortunes, to the cause of the
crown, and consequently of the church, against
those, who under the name of protestants, em-
ployed fire and sword for the subversion of both ;
and therefore he openly avowed that he did not
mean to exclude catholics from some share of that
indulgence which he had promised to tender con-
sciences. It would be unjust to refuse to those who
had deserved well, the boon which was granted
to those who had not; and the laws against
catholics were so rigorous, so sanguinary, that to
execute them would be to do violence to his
nature. Let them not, however, presume so
much on his goodness, as to look for toleration,
or to scandalize protestants by the open practice
of their worship ; otherwise they would find that
he knew as well how to be severe when wisdom
required it, as indulgent when charity and a
sense of merit claimed indulgence from him 35.
Disap- But these were doctrines ill-adapted to the
both1 y intolerant notions of the age. The declaration,
houses, instead of making proselytes, was received by
the majority of the people with distrust of the
35 See the Declaration in Kennet, Rcgist. 848 — 91.
CHARLES II. 105
motives, and a resolution of withstanding the CHAP,
wishes, of the king. They could not compre- 166'3
hend how an attachment to the interests of pro
testantism could exist with a willingness to grant
any portion of indulgence to catholics : they
recalled to mind the former reports of the king's
apostacy, which had been circulated by the policy
of his enemies during the commonwealth, and
they openly asserted that he cared little for the
sufferings of the dissenters, but merely sought,
under the pretence of relieving them, to extend
the same benefit to the papists. Charles, at the Feb. 18.
opening of the next session, condescended to
vindicate himself from these aspersions, and, in
proof of his own orthodoxy, demanded the enact-
ment of new laws to check the progress of popery
But with respect to the dissenters, he represented
it desirable that the crown were vested with the
power of extending indulgence to the peaceable
among them, in circumstances when they might
otherwise be tempted to expatriate themselves, or
to conspire against the state. In accordance with Feb. 23.
the sentiments of the sovereign, the lord privy
seal, aided by lord Ashley, brought into the upper
house a bill enabling the king to dispense at his
discretion with the laws and statutes, requiring
oaths, or subscriptions, or obedience to the doc-
trine and discipline of the established church.
Both houses were immediately in a flame. The
lower, though the bill was not before it, presented Feb. 27.
to the king an address, in which, having thanked
H)6 HISTORY OF ENGLAND.
CHAP, him for the other parts of the declaration, they
*}' contended that the indulgence which was sought,
would amount to the legal establishment of
schism, would expose his majesty to the ceaseless
importunities of the dissenters, would lead to the
multiplication of sects and sectaries, and, ending
in universal toleration, would produce disturbance
instead of tranquillity, because men of every
religious persuasion form a distinct party, pur-
suing their peculiar interests, and acting in accord-
ance with their peculiar prepossessions. In the
higher house, the lord-treasurer placed himself at
March 5. the head of the opposition : during the first day's
debate he was zealously supported by the bishops :
March 12. on the second day the chancellor, though confined
by a severe fit of the gout, left his room to lend his
powerful aid to the cause of the church, and, in
the vehemence of his zeal, indulged in a severity
of language highly offensive to the sovereign.
Their efforts succeeded ; the house passed to a
different subject ; and the bill was suffered to
remain unnoticed on the table ;36. Though Charles
appeared to bear with composure the loss of this
his favourite measure, he felt the disappointment
keenly ; and expressed his opinion to Clarendon
with a warmth which surprised and terrified the
minister. From that day it became manifest that
neither Clarendon nor Southampton possessed his
former credit with the sovereign. As to the
* C. Journals, Feb. 27, 28. L. Jouin. xi. 178, 82, 6,91,
CHARLES II. 107
bishops, Charles hesitated not to charge them with C HAP.
ingratitude and bigotry. It was, he said, to his 16ti'3,
promise from Breda that they owed their restora
tion to power, and now they employed that power
to prevent him from fulfilling his promise. It
was, the intolerance of the prelates under his
father which led to the destruction of prelacy, and
now, as soon as they were replaced in their former
situation, they reverted to the practice of into-
lerance. His carriage altered with his sentiments.
Hitherto he had been accustomed to receive and
treat them with the most marked respect. But
henceforth he was careful to show bv his manner
that he held them in no esteem ; and the courtiers,
aware of the change in the royal mind, turned
their persons and their sermons into subjects of
sarcasm and ridicule !".
The king was, however, doomed to drink more
deeply of the cup of mortification. He had asked
permission to shelter the catholics, who had served
the royal cause, from the extreme severity of the March 31.
penal statutes, and in return both houses pre-
sented to him an address for a proclamation order-
ing all catholic priests to quit the kingdom, under April 2.
the penalty of death. After a faint struggle he
acquiesced. The champions of orthodoxy followed
up their success ; and, affecting to comply with
the royal recommendation, introduced a bill to April 27.
check the growth of popery, but coupled with it
j7 Clarendon, 21j — y. Lite of James, i. 1 iS.
108
HISTORY OF ENGLAND.
1664.
July 25.
Conventi
cle act.
CHAP, another to arrest the diffusion of non-conformity.
Both passed with rapidity through the house of
commons ; but in the house of lords their progress
was continually impeded by the objections of the
presbyterian and catholic peers ; and their patrons,
at the close of the session, substituted in their
place an address to the king, to put in execution
all the penal laws against catholics, dissenters and
sectaries of every description 38.
In the summer, the cause of intolerance ac-
quired additional strength from a partial rising of
enthusiasts in the northern counties. The govern-
ment had been apprized of their intentions : the
duke of Buckingham, in quality of the king's
lieutenant, proceeded with a detachment of guards
to York, and summoned the militia ; and about
fifty persons were arrested in Yorkshire and
Westmoreland, of whom several paid the forfeit
of their folly with their lives. From their situa-
tion in life it was plain that they acted under the
secret guidance of others. Some professed the
doctrines of the fifth-monarchy men : others jus-
tified themselves on the plea that the parliament
had sitten more than three years, and that by the
triennial act, passed in the 16th of Charles I., in
default of writs issued by the king, they were
permitted to assemble of themselves for the choice
of new members. When Charles opened the
next session he embraced the opportunity to sug-
Oct.
1664.
March 16
38 L. Jouru. xi. 5.58, 578. C. Journ. Ap. 27;, May 30.
CHARLES II. 109
gest the repeal of an act which thus furnished a chap.
plea for seditious meetings, while the patrons of 1664.
intolerance drew from the insurrection a new ar-
gument in favour of additional severities for the
suppression of religious dissent. A compromise April 5.
took place. It was indeed, enacted that parlia-
ment should never be discontinued for more than
three years ; but, to satisfy the king, all the
compulsory clauses of the triennial act, which
directed the keeper of the great seal to issue
writs, and the sheriffs to hold elections, in de-
fiance of the royal pleasure, were repealed ; and,
on the other hand, Charles reluctantly gave his
consent to the conventicle act, which, it was
hoped, would extinguish every form of heterodox
worship. All meetings of more than five indi- May 16.
viduals, besides those of the family, for any reli-
gious purpose not according to the Book of Com-
mon Prayer, were declared seditious and unlaw-
ful conventicles : and it was enacted that the
punishment of attendance at such meeting by any
person above sixteen years of age should be, for
the first offence, a fine of five pounds, or impri-
sonment during three months ; for the second, a
fine of ten pounds, or imprisonment during six
months ; for the third, a fine of one hundred
pounds, or transportation for seven years ; and
that, if the conscience of the offender led him to
transgress the law more than thrice, the fine at
each repetition of the offence should be aug-
mented by the additional sum of one hundred
HO HISTORY OF ENGLAND.
CHAP, pounds19. This act, so intolerant in its principle,
iggI. all(l so penal in its consequences, was immediately
enforced : it equally affected catholics and every
denomination of dissenters ; but it was felt the
most severely by the quakers, because, while
others, when they met for the purpose of wor-
ship, sought to elude detection, these religionists,
under the guidance, as they thought, of the
Spirit of God, deemed it their duty to assemble
openly, and to set at defiance the law of man.
To describe the numerous and vexatious informa-
tions, prosecutions, fines and imprisonments
which followed, would only fatigue the patience
and pain the feelings of the reader. I may, how-
ever, observe that the world had seldom witnessed
a more flagrant violation of a most solemn en-
gagement. Toleration had been offered and was
accepted, the king had been restored, and the
39 Miscel. Aul. 316, 19, 30. L. Journ. 620. C. Journ. Ap. 28 ;
May 12, 14, 16. St. 16. Car. 11, c. i.4. Pepys, ii. 172. The con-
venticle act was limited as an experiment, to the duration of three
years. Of the tricks sometimes employed in parliament at these
periods the reader may form some notion from the following in-
stances : on the last day of the preceding session a bill for the
better observance of the sabbath was stolen off the table, and
when the king came to give the royal assent, was not to be found.
Of course it did not pass into an act. In like manner, on the last
day of the present session, a proviso to the conventicle act res-
pecting the quakers was also stolen : bnt the former accident had
awakened the vigilance of the clerk, and he discovered the theft
in time to provide another copy of the proviso, and to have it
passed through both houses before the king's arrival. L. Journ.
xi. 577, 619, 20.
CHAHLES II. HI
church re-established; and now, that the price chap.
II.
1664.
was paid, the benefit was withheld ; and, instead
of the indulgence promised in the contract, was
substituted a system of penalties and persecution.
The blame, however, ought not to rest with the
king. He did his best to fulfil his word. But
the benevolent intentions of the monarch were
opposed by the most powerful of his ministers ;
and the bigotry of these ministers was sanctioned
by the prejudices and resentments of the parlia-
ment.
Charles had now reigned four years, respected Com-
and courted by his neighbours : in an evil hour Lainst
he was persuaded, against his better judgment, totheDutch*
unsheath the sword, and to encounter the uncer-
tain chances of war. He had formed a correct
notion of the importance of commerce to the in-
terests of his kingdom, and was encouraged and
seconded by his brother James, in his attempts
to improve and extend the foreign trade of the
English merchants. With this view, the African
company had been established by charter ; the
duke accepted the office of governor ; and the
committee of management, of which he was
chairman, constantly met in his apartments at
Whitehall. The company flourished ; they im-
ported gold dust from the coast of Guinea, and
supplied, at a great profit, the West India planters
with slaves ; but they met with formidable rivals
in the Dutch traders, who, during the civil war,
had erected several forts along the coast of*
1 vl HISTORY OF ENGLAND.
C II A P. Africa, and now employed their superior power
iggI. and influence to thwart the efforts, and arrest the
progress of the English intruders. The African
company complained ; their complaints were
echoed by the East India company, whose com-
merce was exposed to similar impediments and
injuries ; and the merchants in the city called
aloud for war, to protect their interests, and curb
the insolence of the Hollanders. James advocated
their cause with his brother. Such, he main-
tained, was the commercial rivalry between the
two nations, that in the course of a few years war
would inevitably ensue. But then it would be
too late. Now was the proper time, before the
race of naval commanders, formed during the
commonwealth, should become extinct. But
Charles (and he was supported by Clarendon)
rejected the advice. He had learned wisdom
from the history of his father and his grand-
father. They had been driven into war by the
clamour of the nation ; and the charges of war,
in a short time, rendered them dependent on the
will of the popular leaders in parliament 40.
Contrast There was at this time a marked contrast be-
theldng tween the characters of the royal brothers.
and his Charles, though oppressed with debt, scattered
his money heedlessly and profusely ; James was
careful to measure his expenses by the amount of
his income. The king seemed to make gallantry
*' Clarendon,, 196— 201. PepyS/ii. 173.
CHARLES II.
113
the chief occupation of life ; the duke to look CHAP.
, II.
upon it as an amusement ; and, while the one i664.
daily spent his time, " sauntering " in the com- ■
pany of his mistresses, the other attended to his
duties in the admiralty with the exactitude of the
meanest clerk on the establishment. In point of
abilities, Charles was considered superior ; but he
wanted strength of mind to refuse an importu-
nate suitor, or to resist the raillery and sarcasm
of those whom he made his companions. James,
with a judgment less correct, and with knowledge
less extensive, formed his resolutions with slow-
ness, but adhered to them with obstinacy. His
word was esteemed sacred ; his friends relied
with confidence on his support, whatever sacri-
fice it might cost him ; and his enemies knew
that, till he had brought them on their knees, he
would never forgive their offences. Yet no di-
versity of temper or opinion could diminish the
affection of the two brothers. James was the
most dutiful of subjects ; and, however he might
disapprove the judgment, he always concurred
in seconding the will, of the sovereign. He was
easy of access, and affable in discourse ; but his
constant attention to preserve the dignity of his
rank, gave to his manner a stateliness and distance
repulsive of that freedom and familiarity which
the laughter-loving king indulged in the asso-
ciates of his pleasures. In private life the duke
was loved by few, but feared or respected by all :
in public, his industry was the theme of com-
VOL. XII. I
lit HISTORY OF ENGLAND.
CHAP, inendation ; and the fame which he had acquired
II.
16(51
in the French army, was taken as an earnest of
his future military prowess
41
Address of Qn j-ne iast meeting of parliament, the corn-
houses, plaints of the merchants were heard before a
March 21. committee of the lower house. They contended
that the treaty concluded by the Dutch with
Cromwell, and since renewed by them with the
king, was not yet executed ; that the injuries sus-
tained by the English traders had not been re-
dressed, nor the island of Pulo Ron restored ;
that English ships were still seized and con-
demned under frivolous pretences ; that the
natives of Africa and the Indies were frequently
induced by promises and bribes to demolish the
English factories ; that the Dutch, by proclaim-
ing fictitious wars, and establishing pretended
blockades, assumed the right of excluding their
rivals from the most frequented ports, and the
most valuable sources of profit ; and that the
losses of the English merchants amounted, on a
moderate calculation, to the enormous sum of
seven or eight hundred thousand pounds 42. The
committee decided in favour of the complainants ;
Clifford, the chairman, supported their cause with
considerable warmth, and Downing added the
weight of his authority, derived from the office
4' Sheffield, duke of Buckingham, ii. 78. Mem. de Grammont,
i. 141. Burnet, i. 287. Pepys, ii. 143, 188.
4* L. Journ. xi. 599, 620, 626.
CHARLES II. n-
which he held as English resident at the Hague, CHAP.
II
both for the protector and the king. He was a 166^
bold, rapacious, and unprincipled man, who under
Cromwell had extorted by menaces considerable
sums, in the form of presents, from the Dutch
merchants, and who now, by the violence of his
speeches in parliament, and afterwards by the
haughtiness of his carriage to the States, pro-
voked a suspicion that he looked forward to a
similar termination of the existing quarrel. The
commons voted an address, in which they peti- April 21.
tioned the king to take an effectual course for the
speedy redress of these injuries, with a promise
to stand by him, with their lives and fortunes,
against all opposition : the lords concurred ; and
Charles replied, that he would demand justice by APril 29.
his ambassador, and, in case of denial, would rely
on the offer which they had made him. Still, to
dispassionate observers, it appeared that, with a
little conciliation on either part, the quarrel might
be amicably adjusted. But Charles no longer
listened to the suggestions of prudence : he found
that by acceding to the popular wish, he might
gratify his personal resentments against the Lou-
vestein faction, which had long ruled the destinies
of the republic. That faction had heaped in-
dignities on him during his exile, had stripped
the house of Orange, of which his nephew was
the head, of its ancient dignities, and what was
perhaps a more unpardonable offence, had suffered
caricatures to be published in ridicule of his
1 2
n6
CHAP.
il.
1664-
Hostili-
ties com-
menced.
1664.
Feb.
HISTORY OF ENGLAND.
apathy, his amours, and his indigence'13. On the
other hand, De Witt, who was acknowledged as
the Louvestein leader, felt no disposition to make
any concession to the menaces of a rival nation.
He was resolved to maintain the commercial su-
periority of his countrymen ; he considered the
Dutch navy as a match for that of England, and,
by a defensive alliance, he had already secured
the assistance of France. By some it was
thought that the obstinacy of the States had been
supported by the intrigues of Louis. But the
contrary was the fact. For it suited not the
interests of that prince to provoke or foment a
quarrel, which must involve him in a war with
England, at a time when he meditated hostilities
against Spain 4\
In the mean while the African company had
despatched sir Robert Holmes, with a few small
ships of war, to recover the castle of Cape Corse,
of which they had been dispossessed by their rivals.
In searching a Dutch vessel., he discovered certain
documents respecting Valkenberg, the Dutch go-
vernor, and the hostile tenor of these papers in-
duced him to exceed his own commission, and to
assume offensive operations 45. He compelled the
43 Pepys, ii. 125.
44 L. Journ. 600, 3. Com. Journ. Ap. 21, 29. Temple, i.305, 7.
Louis ii. 5. De Clerc, ii. 62. Basnage, 711.
^ The king of Fantine had been supplied with money and
ammunition to induce him to attack the English fort at Cor-
mantine. The Dutch denied the charge, but Charles replied,
ee that he has as full evidence of it, as he can have that there is
" such a fort". L. Journ. xi. 627.
CHARLES II. 1]7
forts on Goree to surrender, reduced the castle of CHAP.
Cape Corse, destroyed several factories on the 166^
coast, and then stretched across the Atlantic to the
settlement of New Amsterdam, originally an Eng-
lish colony, and lately recovered by sir Richard
Nicholas, who, in honour of the duke, his patron,
had given to it the name of New York 4G. On the
first intelligence of these proceedings, the Dutch
ambassador presented an energetic remonstrance
to the king, who replied, that the expedition had
been sent out by the private authority of the com-
pany, that Holmes should be put on his trial at
his return, and that strict justice should be mea-
sured out to all the parties concerned 47. With
this assurance the States-general were satisfied ;
but De Witt refused to sit down tamely under the
affront. By his intrigues with the States of Hol-
land, he procured an order, loosely and ambigu-
ously worded, to pass through the States-general, July 31-
and this, with a secret explanation, was forwarded
to De Ruyter, the commander of the Dutch squad-
ron in the Mediterranean. He had been sent
there to cruize against the Turkish corsairs, in
company with Lawson, the English admiral ; but
now, pretending that he had orders to destroy a
«• Charles granted this tract of land to his brother, 12th March,
1664. Sir Richard Nicholas was groom of the bed-chamber to
the duke of York. Life of James, i. 400. Dalrymple, ii. App. 27.
By mistake he has printed the letter with the date of 1669.
4? Holmes, on his return, was committed to the Tower, but
cleared himself to the satisfaction of the king. Heath, Contin.
?32. Pepys, ii. 23.5.
118 HISTORY OF ENGLAND.
CHAP, squadron of pirates at the Canaries, he separated
1(J(J4. from his allies, retaliated on the English, along the
coast of Africa, the injuries which they had in-
eP' flicted on his countrymen, and, crossing to the
1665 West India islands, captured above twenty sail of
April. English merchantmen. Lawson, through want
of instructions, did not follow De Ruyter, but he
was careful to inform the duke of York of his
probable destination ; and, by order of that prince,
two English fleets swept the narrow seas of the
Dutch traders, which, to the number of one hundred
and thirty sail, were carefully guarded in the Eng-
lish ports, as a fund of indemnification to the suf-
ferers from the expedition under De Ruyter 48.
Supply Charles, however, before he would rush blindly
voted. .
into the contest, determined to secure a provision
of money adequate to the undertaking. The
charge of the war was calculated at two millions
and a half, a sum unprecedented in the annals of
English finance : but the passions of the people
were roused, and the council had the art to remove
from themselves the odium of the demand. By
Nov. 25. their secret persuasion, sir Richard Paston, a
*3 Life of James, i. 403. Clarendon, 225, 227. Le Clerc. ii.
65, 67. Basnage, 714. His majesty's Narrative in Lords' Joum.
ii. 275. The complaint of Charles in this narrative is confirmed
by D'Estrades, who attributes the war to the expedition of Ruyter
in obedience to the order of De Witt, " sans attendre selon la dis-
'' position du 14 article de 1662 que le terme d'un (an) fut passe,
" pendant lequel le Roi de la Grande Bretagne devoit fairc reparer
" l'enterprise du chevalier Holmes". D'Estrades., iv.315. " In-
•" tra anni spatium ". Dumont, vi. par. ii. p. i'2i.
CHARLES II.
H9
country gentlemen of independent fortune, brought CHAP,
forward the proposition in the house of commons ; 166'5m
and when, to carry on the deception, a known de
pendent of the ministers rose to suggest a smaller
sum, he was eagerly interrupted by two members,
supposed to have no connection with the court.
The artifice escaped notice, and the original motion
was carried, after an animated debate, by a ma-
jority of seventy voices. The lords assented, and Feb. 22.
the king issued a declaration of war 49.
The provisions of this money-bill deserve the New "ie"
reader's attention, because they put an end to the taxation.
ancient system of taxation, and effected a con-
siderable change in the acknowledged immunities
of the clergy. 1°. He is aware that, from the
commencement of the contest between Charles I.
and his parliament, down to the restoration of his
son, the manner of raising supplies by grants of
subsidies, tenths and fifteenths had been abandoned,
for the more certain and less cumbrous expedient
of levying monthly assessments on the several
counties. The ministers of Charles were not
ignorant of the superior merit of the new plan ;
but, as it was originally a revolutionary measure
and had excited the complaints of the people, they
had deemed it prudent, in a former session, to
49 Com. Journ. Nov. 25 — Feb. 3. Lords' Journ. xi. 654. Cla-
rendon, as usual, will appear inaccurate, if lie be compared with
the journals. See Clar. 228 — 231. Pepys tells us that, in fram-
ing the estimates, the Admiralty studied to make the charges of
the last year as high as possible, ii. 228.
1:0 HISTORY OF ENGLAND.
CHAP, revert to the old monarchical model. The ex-
ic(j5. periment, however, failed ; the four last subsidies
had not raised more than one half of the sum at
which they were calculated ; the house consented
that the new grant should be levied by twelve
Loss of quarterly assessments on the counties 50 ; and from
b"thege that period the ancient subsidies fell into desue-
clergy. tude. 2°. Hitherto the clergy had preserved the
honourable privilege of taxing themselves, and had
usually granted in convocation the same number
of clerical subsidies as was voted of lay subsidies
by the two houses of parliament. But this dis-
tinction could not conveniently be maintained,
when money was to be raised by county rates ;
and it was therefore agreed that the right of the
clergy should be waived in the present instance,
but, at the same time, be preserved for them by a
proviso in the act. The proviso, however, was
illusory, and the right has never since been exer-
cised. In return, the clergy claimed, what could
not in justice be denied, the privilege of voting as
freeholders at elections ; a privilege which, though
never expressly granted, has since been recognized
by different statutes51. But a consequence fol-
lowed from this arrangement, which probably was
not foreseen. From the moment that the convo-
cation ceased to vote money, it became of little
service to the crown. It was no longer suffered
'" 17 Car. ii. c. i.
»' IOtli Anne, c. 23. lfeth George, ii. e. 18.
CHARLES II. 121
to deliberate, to frame ecclesiastical canons, or to (j h a p.
investigate the conduct, or regulate the concerns, *{•
of the church. It was, indeed, summoned, and
the members met as usual, but merely as a matter
of form ; for a royal mandate immediately arrived,
and an adjournment, prorogation, or dissolution
followed. That, however, which seems the most
extraordinary is, that this change in the constitu-
tion, by which one of the three estates ceased, in
fact, to exist, and a new class of freeholders, un-
known to the law, was created, owes its origin,
not to any legislative enactment, but to a merely
verbal agreement between the lord chancellor and
archbishop Sheldon 5~.
From parliament, the lord high admiral hastened Naval re
gulations.
to Gunfleet to superintend the naval preparations ;
Charles, by his commands, and occasionally by his
presence, seconded the industry of his brother 53 ;
and, before the end of April, the most formidable
fleet that England had ever witnessed, was ready
to contend for the empire of the sea. The duke,
despising the narrow prejudices of party, had
called around him the seamen who fought and
conquered in the last war ; and when the duke of
32 SeeEchard, 818. Burnet, i. 310., note; iv.508, note.
» Charles paid much attention to naval affairs. He studied
the art of ship-building, and persuaded himself that he could
make improvements in it. In a letter to prince Rupert, he says,
" I believe that if you trie the two sloopes that were builte at
" Woolidge, which have my invention in them, they will outsail
" any of the French sloopes". Lansdowue, MSS. MCCVI.
p. 162.
122 HISTORY OF ENGLAND.
CHAP. Buckingham and other noblemen, whose only re-
IL commendation was their birth and quality, solicited
1665. , •tit
commissions, he laconically replied, that they
might serve as volunteers : experience alone could
qualify them to command. The future operations
were arranged with his council, and, at his sug-
gestion, an improvement was adopted, that some-
thing of that order should be introduced into naval,
which was observed in military, engagements. It
was agreed that the fleet should be divided into
three squadrons ; the red under the command of
the duke, the white under that of prince Rupert,
and the blue under the earl of Sandwich : that it
should be formed in line preparatory to battle ;
and that the several captains should be enjoined
to keep the stations allotted to them by their re-
spective commanders M. James unfurled his flag
April 21. on board the Royal Charles ; ninety-eight sail of
the line and four fire ships followed him to sea 55,
and for more than a month this formidable arma-
ment insulted the coast of Holland, and rode
triumphant in the German ocean.
54 " This was the first war wherein fighting in a line, and a
" regular form of battle was observed ". Life of James, i. 405.
This system introduced by the duke was invariably followed till
Clerk's "Essay on Naval Tactics " induced Lord Rodney to
break through the enemy's line in his victory of the 12th of April,
1782.
55 Three were first rates, eleven second, fifteen third, thirty-two
fourth, eleven fifth, and twenty-six merchant ships carrying from
forty to fifty guns. Life of James, 405. Macpherson's Papers,
i. 31.
CHARLES II. VK
At length an easterly wind drove the English CHAP,
to their own shores, and the Dutch fleet iramedi- 166"5>
ately put to sea. It sailed in seven divisions,
comprising one hundred and thirteen ships of war, ^ ^J
under the command in chief of Opdam, an officer, June,
who in the late war had deserved the confidence of
his countrymen. It exhibited a gallant and ani-
mating spectacle : the bravest and the noblest
youths of Holland repaired on board to share the
dangers of the expedition ; and, as the admiral
had received a positive order to fight, every heart
beat high with the hope or assurance of victory.
Opdam himself was an exception. His experienced
eye discovered, in the insufficiency of many among
his captains, and the constitution of their crews,
reason to doubt the result of a battle ; and to his
confidants he observed : — " I know what prudence
" would suggest ; but I must obey my orders, and
" by this time to-morrow you shall see me crowned
" with laurel or with cypress 54 ".
Early in the morning of the 3d of June the June 3.
hostile fleets descried each other near LowestofTe.
Seven hours were spent in attempts on each side
to gain and keep the advantage of the wind : at
length the English, by a skilful manoeuvre, tacked
in the same direction with the enemy, and accom-
panied them in a parallel line, till the signal was
made for each ship to bear down and engage its
opponent. The sea was calm : not a cloud could
;1 Basnugo, i. 741.
1 2 I HISTORY OF ENGLAND.
C HA P. be seen in the sky ; and a gentle breeze blew from
1(i(i- the south-west. The two nations fought with
their characteristic obstinacy ; and, during four
hours, the issue hung in suspense. On one occa-
sion the duke was in the most imminent peril.
All the ships of the red squadron, with the ex-
ception of two, had dropped out of the line to
refit ; and the weight of the enemy's fire was di-
rected against his flag-ship, the Royal Charles.
The earl of Falmouth, the lord Muskerry, and
Boyle, son to the earl of Burlington, who stood
by his side were slain by the same shot ; and
James himself was covered with the blood of his
slaughtered friends. Gradually, however, the
disabled ships resumed their stations ; the English
obtained the superiority : and the fire of the enemy
was observed to slacken. A short pause allowed
the smoke to clear away ; and the confusion,
which the duke observed on board his opponent,
the Eendracht, bearing Opdam's flag, induced him
to order all his guns to be discharged into her in
succession, and with deliberate aim. At the third
shot from the lower tier, she blew up, and the
admiral, with five hundred men, perished in the
explosion. Alarmed at the loss of their com-
mander, the Dutch fled : James led the chace ;
the four sternmost sail of the enemy ran foul of
each other, and were consumed by a fire-ship,
and three others shortly afterwards experienced
the same fate. Van Tromp endeavoured to keep
the fugitives together ; the darkness of the night
CHARLES II. 125
retarded the pursuit of the conquerors; and in CHAP,
the morning the Dutch fleet was moored in safety l66'5
within the shallows 5\ In this action, the most
glorious hitherto fought by the navy of England,
the enemy lost four admirals, seven thousand men
slain, or made prisoners, and eighteen sail either
burnt or taken. The loss of the victors was small
in proportion. One ship of fifty guns had been
taken in the beginning of the action ; and the
killed, and wounded amounted to six hundred men.
But among the slain, besides the noblemen already
mentioned, were the earls of Marlborough and
Portland, and two distinguished naval command-
ers, the admirals Lawson and Sampson 56.
At another time the report of such a victory The
would have been received with the most enthusi- {Jjf\lQ m
astic demonstrations of joy ; but it came at a time
when the spirits of men were depressed by one of
55 The result of the victory would have been more complete,
had not the Royal Charles during the night slackened sail and
brought to, which detained the rest of the fleet. For some time
the fact was concealed from the duke, who had retired to rest :
but it gradually became known, and, from an inquiry instituted
by the house of commons, it appeared that Brunkhard, one of the
duke's servants who had been greatly alarmed during the battle,
endeavoured at night to persuade the master to shorten sail, lest
he should lead the ship into the midst of the enemy ; and, failing
in this, after a pause, delivered to him an order, or something like
an order, to the same effect. Bui net insinuates that the order came
from the duke (i. 377) : that it was forged by Brunkhard appears
from the inquiry before the bouse (Ibid. 378, note), from Cla-
rendon, 2G9, and from the Life of James, i. 415.
•'6 There are numerous accounts of this battle : I have preferred
that given by James himself. Life, i. 407 — 415.
II.
1663.
12()' HISTORY OF ENGLAND.
CHAP, the most calamitous visitations ever experienced
by this or any other nation. In the depth of the
last winter two or three isolated cases of plague
had occurred in the outskirts of the metropolis.
The fact excited alarm, and directed the attention
of the public to the weekly variations in the bills
of mortality. On the one hand, the cool tempe-
rature of the air, and the frequent changes in the
weather, were hailed as favourable circumstances ;
on the other, it could not be concealed that the
number of deaths, from whatever cause it arose,
was progressively on the advance. In this state
of suspense, alternately agitated by their hopes
and fears, men looked to the result with the most
intense anxiety ; and, at length, about the end of
May, under the influence of a warmer sun, and
with the aid of a close and stagnant atmosphere,
the evil burst forth in all its terrors. From the
centre of St. Giles's the infection spread with ra-
pidity over the adjacent parishes, threatened the
court at Whitehall, and, in defiance of every pre-
caution, stole its way into the city. A general
June 29. panic ensued. The nobility and gentry were the
first to flee ; the royal family followed ; and then
all, who valued their personal safety more than
the considerations of home and interest, prepared
to imitate the example. For some weeks the tide
of emigration flowed from every outlet towards
the country ; it was checked at last by the refusal
of the lord mayor to grant certificates of health,
CHARLES II. 127
and by the opposition of the neighbouring* town- CHAP,
ships, which rose in their own defence, and formed 166'5>
a barrier round the devoted city.
The absence of the fugitives, and the conse- Regula-
quent cessation of trade and breaking up of esta- SUppress
blishments, served to aggravate the calamity. It 't-
was calculated that forty thousand servants had
been left without a home, and the number of ar-
tisans and labourers thrown out of employment
was still more considerable. It is true that the
charity of the opulent seemed to keep pace with
the progress of distress. The king subscribed the
weekly sum of 1000/; the city of 600/.; the
queen dowager, the archbishop of Canterbury, the
earl of Craven, and the lord mayor, distinguished
themselves by the amount of their benefactions ;
and the magistrates were careful to ensure a con-
stant supply of provisions in the markets : yet
the families that depended on casual relief for the
means of subsistence were necessarily subjected
to privations, which rendered them more liable to
receive, and less able to subdue, the contagion.
The mortality was at first confined chiefly to the
lower classes, carrying off in a larger proportion
the children than the adult, the females than the
men. But, by the end of June, so rapid was the
diffusion, so destructive were the ravages of the
disease, that the civil authorities deemed it time
to exercise the powers with which they had been juJy ,
invested by an act of James I. " for the charitable
128 HISTOKY OF ENGLAND.
(HAT. a relief and ordering of persons infected with the
tgg5 "plague57". 1°. They divided the parishes into
districts, and allotted to each district a competent
number of officers, under the denomination of
examiners, searchers, nurses, and watchmen.
2°. They ordered that the existence of the dis-
ease, wherever it might penetrate, should be made
known to the public by a red cross, one foot in
length, painted on the door, with the words,
" Lord have mercy on us ", placed above it. From
that moment the house was closed ; all egress for
the space of one month was inexorably refused ;
and the wretched inmates were doomed to remain
under the same roof, communicating death one to
the other. Of these many sunk under the horrors
of their situation : many were rendered desperate.
They eluded the vigilance, or corrupted the fide-
lity of the watchmen, and by their escape, instead
of avoiding, served only to disseminate the conta-
gion 58. 3°. Provision was also made for the
speedy interment of the dead. In the day time
officers were always on the watch to withdraw
from public view the bodies of those who expired
in the streets ; during the night the tinkling of a
57 St. i. James, i. c 31. In the next session of parliament a
bill was introduced to extend these powers, but was lost through
the refusal of the lords to allow their houses to be shut up at the
discretion of the constables. L. Journ. xi. 698. Marvel, i. 52.
58 Persons thus escaping, if taken in company with others, and
found to have infectious sores upon them were liable to suffer
death as felons : if without sores, to be treated as rogues and vaga-
bonds. Ibid. vii.
CHARLES II. 129
ball, accompanied with the glare of links, an- CHAP,
nounced the approach of the pest-cart, making its 16ti"5.
round to receive the victims of the last twenty-
four hours. No coffins were prepared ; no funeral
service was read : no mourners were permitted to
follow the remains of their relatives or friends.
The cart proceeded to the nearest cemetery, and
shot its burthen into the common grave, a deep
and spacious pit, capable of holding some scores
of bodies, and dug in the church-yard, or, when
the church-yard was full, in the outskirts of the
parish. Of the hardened and brutal conduct of
the men to whom this duty was committed, men
taken from the refuse of society, and lost to all
sense of morality or decency, instances were re-
lated, to which it would be difficult to find a pa-
rallel in the annals of human depravity 59.
The disease generally manifested itself by the Symp-
_ , ., f. , . , t toms of
usual febrile symptoms ot shivering, nausea, head- tiie ,ijs_
ache, and delirium. In some these affections were ease-
so mild as to be mistaken for a slight and tran-
sient indisposition. The victim saw not, or would
not see, the insidious approach of his foe ; he ap-
plied to his usual avocations, till a sudden faint-
H Rugge, MS. 573. Echard, 823. Hodges, Loimologia, 23.
De Foe, History of the Plague in London. Though De Foe, for
dramatic effect, wrote as an eye witness, which he could not he,
yet his narrative, as to the substance of the facts, is confirmed by
all the other authorities. Hodges and De Foe attribute also the
deaths of many to the avarice of their nurses, who destroyed the
lives, that they might carry off the money and trinkets of the
patients.
VOL. XII K
130 HISTORY OF ENGLAND.
CHAP, ness came on, the maculae, the fatal "tokens",
i(j(L appeared on his breast, and within an hour life
was extinct. But, in most cases, the pain and
the delirium left no room for doubt. On the third
or fourth day, buboes or carbuncles arose : if these
could be made to suppurate, recovery might be
anticipated ; if they resisted the efforts of nature,
and the skill of the physician, death was inevit-
able. The sufferings of the patients often threw
them into paroxysms of phrenzy. They burst
the bands by which they were confined to their
beds ; they precipitated themselves from the win-
dows ; they ran naked into the street, and plunged
into the river60.
Terrors of Men of the strongest minds were lost in amaze-
pie, ment, when they contemplated this scene of woe
and desolation : the weak and the credulous be-
came the dupes of their own fears and imagina-
tions. Tales the most improbable, and predictions
the most terrific, were circulated ; numbers assem-
bled at different cemeteries to behold the ghosts
of the dead walk round the pits in which their
bodies had been deposited ; and crowds believed
that they saw in the heavens a sword of flame,
stretching from Westminster to the Tower. To
add to their terrors, came the fanatics, who felt
themselves inspired to act the part of prophets.
One of these, in a state of nudity, walked through
the city, bearing on his head a pan of burning
Hodges, 57, 97—132.
CHARLES II. ,31
coals, and denouncing the judgments of God on CHAP,
its sinful inhabitants ; another, assuming the cha- 1665.
racter of Jonah, proclaimed aloud as he passed, ■
" Yet forty days, and London shall be destroyed " ;
and a third might be met, sometimes by day,
sometimes by night, advancing with a hurried
step, and exclaiming with a deep sepulchral voice,
" Oh the great and dreadful God " !
During the months of July and August the Desola-
t i, ,1 i i tionofthc
weather was sultry, the heat more and more op- cjty.
pressive. The eastern parishes, which at first
had been spared, became the chief seat of the pes-
tilence, and the more substantial citizens, whom
it had hitherto respected, suffered in common with
their less opulent neighbours 61. In many places
the regulations of the magistrates could no longer
be enforced. The nights did not suffice for the
burial of the dead, who were now borne in coffins
to their graves at all hours of the day ; and it was
inhuman to shut up the dwellings of the infected
poor, whose families must have perished through
want, had they not been permitted to go and seek
relief. London presented a wide and heart-
rending scene of misery and desolation. Rows of
houses stood tenantless and open to the winds ;
others, in almost equal numbers, exhibited the
61 The weekly returns of the dead for these months were, 1006,
1268, 1761, 2785, 3011, 4030, 5312, 5568, 7496. I take no notice
of the distinction made by the bills between those who died of the
plague, and those who died of other diseases, because I conceive
no reliance can be placed on it.
K 2
132 HISTORY OF ENGLAND.
CHAP, red cross flaming on the doors. The chief
ii
1665. thoroughfares, so lately trodden by the feet of
thousands, were overgrown with grass. The few
individuals who ventured abroad walked in the
middle, and, when they met, declined on opposite
sides, to avoid the contact of each other. But, if
the solitude and stillness of the streets impressed
the mind with awe, there was something yet more
appalling in the sounds, which occasionally burst
upon the ear. At one moment were heard the
ravings of delirium, or the wail of woe, from the
infected dwelling ; at another, the merry song, or
the loud and careless laugh issuing from the
wassailers at the tavern, or the inmates of the
brothel. Men became so familiarized with the
form, that they steeled their feelings against the
terors, of death. They waited each for his turn
with the resignation of the Christian, or the in-
difference of the stoic. Some devoted themselves
to exercises of piety ; others sought relief in the
riot of dissipation, and the recklessness of
despair.
The pes- September came ; the heat of the atmosphere
lence . . , .,
abates. began to abate ; but, contrary to expectation, the
mortality increased 62. Formerly, a hope of
recovery might be indulged ; now infection was
the certain harbinger of death, which followed,
generally, in the course of three days, often
^
The return for the week ending Sep. 5, was 8252.
CHARLES II 133
within the space of twenty-four hours. The CHAP,
privy council ordered an experiment to be tried, 166'5
which was grounded on the practice of former
times. To dissipate the pestilential miasm, fires ep- '
of sea-coal, in the proportion of one fire to every
twelve houses, were kindled in every street,
court, and alley of London and Westminster.
They were kept burning three days and nights,
and were at last extinguished by a heavy and
continuous fall of rain. The next bill exhibited Sep. 5—
12.
a considerable reduction in the amount of deaths ;
and the survivors congratulated each other on the
cheering prospect63. But the cup was soon
dashed from their lips ; and in the following Sep. 12-
week more than ten thousand victims, a number
hitherto unknown, sank under the augmented
violence of the disease 6i. Yet, even now, when
hope had yielded to despair, their deliverance was
at hand. The high winds, which usually accom-
pany the autumnal equinox, cooled and purified
the air ; the fever, though equally contagious,
assumed a less malignant form, and its ravages
were necessarily more confined from the diminu-
tion of the population, on which it had hitherto
fed. The weekly burials successively decreased
from thousands to hundreds, and, in the beginning
63 The return fell to 7690.
''i The number returned was 8297, but it was generally acknow-
ledged that the bills were very incorrect, and seldom gave more
than two-thirds of the real number.
Dec. 12.
13+ IIISTOHY OF ENGLAND.
CHAP, of December, seventy-three parishes were pro-
1665. nounced clear of the disease05. The intelligence
was hailed with joy by the emigrants, who re-
turned in crowds to take possession of their homes,
i(j(i6. and resume their usual occupations : in February
Feb. l. the court was once more fixed at Whitehall, and
the nobility and gentry followed the footsteps of
the sovereign. Though more than one hundred
thousand individuals are said to have perished,
yet in a short time, the chasm in the population
was no longer discernible. The plague continued,
indeed, to linger in particular spots 66, but its
terrors were forgotten or despised ; and the streets,
so recently abandoned by the inhabitants, were
again thronged with multitudes in the eager pur-
suit of profit, or pleasure, or crime.
Failure of From the metropolis, the pestilence had ex-
tempt at tended its destructive sway over the greater part
Bergen. 0f the kingdom. The fugitives carried the infec-
tion with them wherever they found an asylum ;
65 The decrease was as follows,, 6460, 5720, 5068, 1806, 1388,
1787, 1359, 905, 544.
66 There was not a week in the year in which some cases of
plague were not returned. For all these particulars, see Hodges,
Loimologia ; De Foe; the newspapers of the year; Evelyn,
Diary, ii. 245 ; Ellis, Letters, second series, iv. 35. Pepys, ii.
266, 73, 6, 81, 86, 93, 7, 305, 9, 10. Clarendon, with his usual
inaccuracy, makes the number of dead, according to the weekly
bills, to amount to 160,000, which, he says, ought, in the opinion
of well-informed persons, to be doubled. (Clarendon, 326). The
number of burials, according to the bills, was only 97,306. (Tabic
prefixed to Loimologia.) If we add one-third for omissions, the
amount will be about 130,000; but from these must be deducted
the deaths from other causes than the plague.
CHARLES II. 135
and the mortality was generally proportionate to CHAP,
the density of the population 67. Fortunately it 1665.
confined its ravages to the land ; the fleet continued — —
healthy ; and, as soon as the ships damaged in the
late engagement were repaired, the duke of York
hastened to take the command ; but his eagerness
was checked by the prohibition of the king, who
had been solicited by the queen-mother not to
expose the life of the presumptive heir to the un-
certain chances of battle. The earl of Sandwich
succeeded him, and sailed to watch the hostile
navy in the Texel. In the meanwhile two fleets
of Dutch merchantmen, the one from the East
Indies, the other from Smyrna, valued at twenty-
five million of livres, steering round the north of
Ireland and Scotland, had taken shelter in the
neutral harbour of Bergen in Norway. The
temptation was too powerful for the honesty of
the king of Denmark : and, on condition that he July,
should receive a moiety of the profits, he con-
sented to connive at the capture of the Hollanders
by the English fleet. Sandwich sailed immediately
to Bergen, and Clifford; afterwards lord-treasurer,
held an unsatisfactory conference with Alefeldt,
the governor. That officer proposed that the
English should wait till he had received instruc-
tions from Copenhagen ; but Sandwich refused ;
6? In August of the following year it raged with violence in
Colchester, Norwich, Winchester, Cambridge, and Salisbury.
Itugge, MS.
1 \6 HISTORY OF ENGLAND.
(HAP. Tyddimah entered the harbour with a powerful
.II*. squadron; and the Dutch moored their ships
across the bay, and raised a battery of forty-one
Aug. 3. guns on the shore. A sudden change in the di-
rection of the wind compelled the English to cast
anchor under the cannon of the castle ; but Tyd-
diman, trusting to the neutrality of the governor,
commenced the attack, and had already driven the
enemy from most of their defences, when the gar-
rison opened a destructive fire on the assailants.
One ship was sunk ; the others, cutting their
cables, ran out to sea, and the enterprize was
abandoned. With whom the blame of the failure
ought to rest, Clarendon professes himself unable
to determine : Sandwich complained loudly of the
duplicity and bad faith of the king of Denmark ;
but sir Gilbert Talbot, the English ambassador,
acquits the Danish authorities, and asserts that
Sandwich refused to wait but one day for the
arrival of instructions from Copenhagen, under
the notion that, by acting without the permission
of the Dane, he should exclude him from any
right of participation in the expected booty 67.
Captures To the pensionary De Witt, the principal advo-
cate of the war in Holland, to preserve the mer-
chantmen in Bergen was an object of the first
importance. Though a mere landsman, he took
«• Clarendon, 270, 277—281. Pepys, ii. 324. Miscel. Aul.
359. Echard, 821 ; and sir Gilbert Talbot's Narrative among the
Lansdownc MSS., 6"S59, p. 1.5.
CHARLES II. 13'
the command of the fleet, and, impatient of the chap.
obstruction caused by a contrary wind, sought lg6^
and discovered a new passage out of the Texel.
He sailed to Bergen, and the merchantmen placed
themselves under his protection : but the fleet
was dispersed by a storm, and Sandwich had the Sep. 4.
good fortune to capture eight men-of-war, two of
the richest Indiamen, and about twenty other
vessels. But avarice tempted him to take from
the Indiamen a part of their cargo to the value of
2,000/., and the other flag-officers, with his per-
mission, followed his example. The king and
the duke as lord high admiral, condemned his
presumption : he acknowledged his offence before
the council ; and was in punishment deprived of
the command, but, to save his honour in the eyes
of the public, received the appointment of ambas-
sador to the court of Spain 68.
Charles, on account of the pestilence in Lon- Parlia-
don, had summoned the parliament to meet in Oxford.
Oxford. His object was to obtain another supply
of money. The expenses of the war, partly
through the want of naval stores 69, partly
through the negligence and rapacity of the offi-
cers, had considerably exceeded the calculations
6i Lords' Journ. xi. 687. Clarendon, 300 — 6. Coke, ii. 38.
Miscel. Aul. 361. D'Estrades, ii. 364. Pepys, ii. 324, 9, 347, 352.
Evelyn, ii. 248.
6j To supply the naval arsenals, Charles, of his own authority,
suspended the navigation act, and yet the parliament took no
notice of it. Coke, ii. 140.
Oct. 11.
138 HISTORY OF ENGLAND.
CHAP, of his ministers, and the whole of the last parlia-
1(i65 mentary grant was already mortgaged to the
creditors of the public. With the king's request,
that the two houses, by their liberality, would
complete their own work, they cheerfully com-
plied ; and an additional grant of 1,250,000/.,
with a present of J 20,000/. to the duke of York,
Oct. 23. was voted without a murmur. The next object
which claimed their attention, was the danger to
be feared from the enemies of monarchy. Alger-
non Sydney, and many of the exiles, had hastened
to Holland, and offered their services to the
States. Whether the latter seriously meditated
an invasion of England or Scotland, may be
doubted : but they certainly gave naval and mili-
tary commands to several of the refugees, and
encouraged the formation of a council of English
malcontents at the Hague. These corresponded
with their friends in England ; the most sinister
reports were put in circulation ; strangers, not-
withstanding the mortality, were observed to
resort to the capital ; and information was sent to
Monk of secret meetings of conspirators, and of
plots for the seizure of the Tower and the burning
Sep. l . of the city. Rathbone, Tucker, and six of their
associates were apprehended, and paid the forfeit
of their lives ; but colonel Danvers, the leader,
escaped from the grasp of the officers, and found
Oct. 3. an asylum in the country. Alarmed by this
insignificant plot, the parliament attainted several
of the conspirators by name, and, in addition,
CHARLES II. 139
every natural born subject who should remain in CHAP,
the service of the States after a fixed day 70. ices.
These enactments, however, did not satisfy the ~
more timid or more zealous. During the pes- A.ct."
tilence, many of the orthodox clergy in the
metropolis persisted with the most laudable con-
stancy in the discharge of their duties ; many,
yielding to their fears, had skulked away from
the scene of danger, and sought security in the
country. The presbyterian ministers who had
recently been ejected, seized the opportunity to
ascend the vacant pulpits amidst the loud cries of
their congregations " what must we do to be
" saved ". The self-devotion of these men, who
braved the perils of death that they might ad-
minister the consolations of religion to their
afflicted brethren, is said to have provoked the
jealousy of their rivals ; and that jealousy, if it
really existed, was speedily gratified by new penal
enactments. That the law had been violated, no
'• L. Journ. xi. GS8, 692. St. 17. Car. ii. c. 5. Parker, 78—
87. Burnet, i. 393. Clarendon, 290. It has often been asserted
that these plots, and the correspondence said to be carried on be-
tween the disatFected in England and the Dutch, were mere fic-
tions. The following extracts from the letters of D'Estrades, the
French minister at the Hague, to his sovereign, will perhaps prove
the contrary. Les c'tats ont de grandes intelligences en Ecosse,
et parmi les ministrcs de leur religion en Angleterre. Mernoires
d'Estrades, ii. 383. Oct. 3, 1GG.5. L'Ecosse fait entendre aux
etats cpie des que votre majeste se declarera, elle a un fort parti a
mettre en campagne, et (pie les ministrcs de l'Angleterre de la
meme religion de ceux de ce pays mandent la name chose. Id.
385.
140 HISTORY OF ENGLAND.
(II A P. one could deny; but the violation had been com-
,,.:.'. niitted in circumstances so extraordinary as to be
1065. *
more worthy of praise than censure. To add,
therefore, to the legal offence, it was pretended
that the ministers had employed the opportunity
to disseminate from the pulpit principles of sedi-
tion and treason, representing the plague as a
visitation from Providence, partly on account of
their own expulsion from the churches, and partly
on account of the immorality of the sovereign
and his court : charges in which it is probable
that the indiscretion of one or two individuals
was not only exaggerated, but unjustly extended
to the whole body. However that may be, an
Oct. 30. act was passed, prohibiting every non-conforming
minister to come, unless he were passing on the
road, within five miles of any town sending mem-
bers to parliament, or of any village in which he
had ever lawfully or unlawfully exercised his
ministry, under the penalty of a fine of 40/. for
every such offence, and of six months' imprison-
ment, if he refused in addition to take the oath
of non-resistance. For the better execution of
this, the five-mile act, the bishops received from
the orthodox clergy the names of all non-conform-
ing ministers within their respective parishes ;
spies and informers were everywhere employed
and encouraged ; and the objects of suspicion
were compelled to fix themselves and their fami-
lies in obscure parts of the country, where they
depended for support on their own labour and the
CHARLES II. 141
casual charity of others. But the oath was still chap.
refused ; and the sufferings of the victims served II;
only to rivet their doctrines more firmly in the
minds of their hearers 71.
De Witt had long sought to strengthen himself Louis
and his party with the protection of the king of wilhthe
France ; and Louis was not unwilling to purchase Dlltch.
the services of a man, who governed the states
of Holland, and through them was able to con-
trol the other provinces of the republic. To him
De Witt had communicated several proposals for
the partition of the Spanish Netherlands ; and
the king, though he nourished a more ambitious
project in his own breast, to humour the Dutch-
man, consented to enter into a negotiation re-
specting the conditions72. But, in 1665, Philip
of Spain died, leaving the crown, and all the
dominions dependent on it, to the infant his son,
under the regency of Marianne of Austria, the
queen-mother. Louis now determined, as he
had previously intended, to take possession of
Flanders, under the pretence, that by the custom
of several provinces in the Netherlands, called
? L. Journ. xi. 700. St. 17. Car. ii. c. 2. Wilkins, Con. iv.
58:5. Burnet, i. 392 — 3. Clarendon, who, as usual, is very in-
accurate, 217, 290. The act did not mention non-conformist
ministers, but included them under the description of'persons, who
had enjoyed ecclesiastical promotion, or preached at unlawful con-
venticles.
w All the letters of D'Estrades, from his arrival in Holland till
1 664-, shew how firmly this unfortunate statesman had devoted
himself to the interests of France.
1665.
142 HISTORY OF ENGLAND.
CHAP. tne rignt of devolution, those provinces belonged
II; to his wife, Maria Teresa, the daughter of Philip
by his first marriage. It was, indeed, true that
Louis by contract, and his young queen by a se-
parate instrument, had solemnly renounced all
claim to the succession to the Spanish monarchy in
general, and to Flanders, Burgundy, and Charo-
lais in particular 73 : but it was contended that
the king had been released from the obligation of
the contract by the non-payment of the marriage
portion on the part of Spain, and that Maria
Teresa had never been bound by the renunciation,
because it was made during her minority. It
chanced, however, that the Dutch, in virtue of
the defensive alliance concluded between them
and France in 1662, called upon Louis to join as
their ally in the war ; and it seemed impolitic to
provoke hostilities at the same moment with two
such powers as England and Spain. It was,
indeed, easy to elude the demand, by replying
that a defensive treaty did not bind, when the
party claiming aid had provoked the war ; but,
on the other hand, it was argued that Louis, by
cheerfully uniting with the States, would render
them less hostile to his intended occupation of
73 Dumont, vi. part i. 283, 8. By the law of devolution, which
prevailed in several provinces of the Netherlands, the right of in-
heritance was given to the children of the first marriage, even
females, to the exclusion of the issue by the second. Maria Teresa,
the consort of Louis, was the daughter of Philip of Spain by his
first wife ; Charles, the inheritor of the monarchy, was his son by
1 lie second.
CHARLES IT. u3
Flanders ; and that, under the pretext of prevent- CHAP,
ing the descents of the English, he might covertly 166^
make preparations, and assemble troops on the
nearest parts of the coast "4. Louis followed this
counsel : his ambassador informed Charles that
unless peace were speedily concluded, his master
would feel himself bound to take part against him
in the war ; and the English king had the spirit
to defy the power, rather than submit to the
dictation, of a foreign prince.
In January the French monarch, though with Treaties.
many expressions of regret, declared war ; but, 1G66;
at the reclamation of the English ambassador,
granted three months to British subjects to with-
draw with their effects from his territories 75. The
approach of a French force soon compelled the
bishop of Minister, who, as the ally of Charles,
had made a formidable inroad into the province
of Overyssel, to submit to a disadvantageous Aprils,
peace ; and the French agent at Copenhagen pre-
vailed on the king of Denmark to withdraw from Feb. 1.
his alliance with England, and to make common
cause with the States. Charles, on his side,
concluded a treaty with the king of Sweden, by Feb. s.
which each party engaged not to furnish muni-
74 Dumont, vi. partii.p. 412. (Euvres de Louis XIV., ii. 5 — 11,
25, 130.
?s Dumont, part iii. 82. Clar. 282, 8. Misccl. Aul. 373. Me-
moires D'Estrades, iii. 54, 64. Charles, on his part, offered
freedom from molestation in person or property to all natives of
France, or the United Provinces, residing in, or coming into his
dominions, "especially to those of the reformed religion, whose
" interest should particularly be owned by him". Ralph, i. 1 59.
II.
1665.
Ill HISTORY OF ENGLAND.
(HAT. tions of war to the enemies of the other; but
failed in an attempt to create an opposition to
De Witt in Holland through the intrigues of De
Buat, a partisan of the house of Orange, who
forfeited his life as a traitor to the republic 76.
The four These negotiations occupied the first months of
days' bat- tlie new year . }n May, prince Rupert and the
duke of Albemarle assumed the joint command
of the English fleet, and insulted with impunity
the coast of Holland. There was but little cor-
diality between the two admirals. The pride of
Rupert could hardly brook an equal in rank and
authority ; but the people remembered the former
victories of Monk over the Dutch, and Charles
gratified the general wish by associating him with
the prince in the chief command. They had
returned to the Downs, when advice was received
that the Dutch navy was not in a state to put to
sea for several weeks, and that a French squadron,
under the duke of Beaufort, had reached Relleisle
from the Mediterranean. Unfortunately neither
report was true. De Ruyter, accompanied by
De Witt, had already left the Texel : the duke of
Beaufort had not passed the Straits of Gibraltar.
May 29. Rupert, however, procured an order from court
to hasten with twenty sail in search of the
May 31. French, while Albemarle, with fifty-four, directed
his course to the Gun-fleet. The next morning
June i. the duke, to his surprise, descried the Dutch fleet
■''• Clarendon, 327, 9, 333— S. Dumont, vi. par. iii. .09, 83, 106.
CHARLES II, ,45
of more than eighty men of war lying at anchor CHAP,
off the north Foreland. He had so often spoken 166(;.
with contempt of the enemy, had severely criti-
cized the caution of the earl of Sandwich, that to
retire without fighting would have exposed him
to the censure and derision of the public. A
council of war was instantly summoned ; the
majority, in opposition to their own judgment,
acquiesced in the rash, but decided opinion of
their commander, and the signal was made to
bear down without delay on the enemy. No line
was formed, no order observed ; the blue squa-
dron, which led the van, fought its way through
the hostile fleet ; but most of the ships of which
it consisted were captured, or destroyed, or dis-
abled. Darkness separated the combatants, and
the action re-commenced with the return of light,
But, if Monk on the preceding day had fought
for victory, he was now reduced to fight for
safety. A reinforcement of sixteen sail added J""** 2.
to the hopes and the courage of the enemy :
nor was it without the most heroic exertions
that the English were able to protract the
unequal contest till night. Monk having burnt
a part of his disabled ships, and ordered the
others to make for the nearest harbour, opposed
in the morning sixteen, that remained as a rear-
guard to the pursuit of De Iluyter. But, in the June :$
hurry of their flight, they ran on the Galloper
Sand, where the Prince Royal, the boast of the
English navy, was lost, and where the rest would
vol. XII. j,
II.
I66G.
1 16 HISTORY OF ENGLAND.
CHAP, probably have shared its fate, had not Rupert,
with his squadron of twenty sail, at last arrived
to their relief. He had received orders to return
from St. Helen's on the first day of the battle; nor
was it ever explained why he did not join Albe-
marle till the evening of the third. The force of
the hostile fleets was now more nearly balanced :
June 4. they renewed the engagement on the following
morning ; and, having passed each other five
times in line, separated under the cover of a
mist77. Such was the result of this succession of
obstinate and sanguinary engagements. That the
Dutch had a just claim to the victory, cannot be
doubted ; though, if we consider the fearful dis-
parity of force, we must own that no disgrace
could attach to the English. " They may be
" killed", exclaimed De Witt, " but they will not
" be conquered ". At home the conduct of Monk
was severely and deservedly censured ; but no
one could convince him that he acted imprudently
in provoking the battle, or that he had not in-
flicted more injury than he had received 78.
Both fleets stood in need of repairs : both, by
June 25. extraordinary efforts, were in a short time again
n Com. Journals, 1667, Oct. 31. Clarendon, 343, 4. Coke,
144. Heath, 550. Le Clerc, ii. 139. Basnage, i. 773. Pepys,
ii. 398—402, 410, 1, 2, 5, 424, 434, 5.
78 Pepys, ii. 422. Com. Journ. Oct. 31. According to Evelyn,
the English lost ten ships, one thousand seven hundred men killed
and wounded, and two thousand taken (ii. 25b.): the Dutch ac-
knowledged the loss of two admirals, seven captains, and one
thousand eight hundred men. Le Clerc, ii. 142.
CHARLES II. u'
at sea. They met; the victory was fiercely and CHAP,
obstinately disputed ; but the better fortune, or 166'6.
more desperate valour, of the English prevailed. ■
Few prizes were, however, made. With rash but
successful daring, De Ruyter repeatedly turned on
the pursuers, and kept them at bay, till the fugi-
tives found a secure asylum in the Weirings.
Rupert and Monk rode for weeks triumphant
along the coast, interrupting the commerce, and
insulting the pride of their enemies. At the sug-
gestion of a native, Holmes, with a squadron of Aug. s.
boats and fire-ships, was ordered to enter the
channel between Ulie and Schilling, the usual
rendezvous of vessels trading to the Baltic : in a Aug. 9.
short time two men of war, and one hundred and
fifty merchantmen with their cargoes, were in
flames, and the next day the neighbouring town
of Brandaris, consisting of one thousand houses, Aug. 10.
was reduced to ashes. At the sight of the con-
flagration De Witt maddened with rage, and
swore by the almighty God that he would never
sheath the sword till he had obtained his revenge :
an oath which he religiously observed "''.
Louis was not unwilling that the two great Intrigues
tiii i i • °f Louis.
maritime powers should exhaust themselves m
this tremendous struggle. To his allies he had
promised the co-operation of his fleet, but that
promise was yet to be fulfilled ; and instead of
risking the French navy in battle against the
'9 Clarendon, 345. Pepys, ii. 1 1 1. Miscel. Aul. 411, g. Me-
moirea D'Estrades, iii. 346, 361.
i Q
1 J *m>
148 HISTORY OF ENGLAND.
CHAP. English, he sought to occupy the attention of
,n\ Charles by exciting rebellion in his dominions.
1666. J °
With this view he employed agents to intrigue
with the catholics of Ireland, who had lost their
lands by the late act of settlement ; and encou-
raged the hopes of the English exiles, who per-
suaded themselves that their party was still
powerful in England. Algernon Sydney hastened
to Paris : to the French ministers he maintained
that the interest of France demanded the esta-
blishment of a republic in England ; and to the
French king he presented a memorial soliciting
the gift of 100,000/. to enable his party to com-
mence operations against the English government.
But Louis paused before he would part with so
large a sum of money. In conclusion he offered
Sydney 20,000/. in the first instance, with a pro-
mise of additional aid, if the rising should take
place 80.
Opera- About the middle of August, however, the duke
tions by 0f Beaufort, contrary to the general expectation,
Au~. 13. arrived at La Rochelle from the Mediterranean,
and a plan was arranged between the two powers
for the junction of their respective fleets in the
British Channel. The Dutch, for this purpose,
had already passed the Strait of Dover, when
they descried the English under prince Rupert.
De Ruyter, though on board, was confined by
80 Louis XIV. ii.203, ami note ibid. Miscel. Aul. 433.
CHARLES II. 149
severe indisposition; the men betrayed a disin- chap.
clination to fight without the presence and orders 16Gg.
of their favourite commander ; and the fleet ran
close into the shore in St. John's Road, near Bou-
logne. Rupert dared not follow : he turned to
oppose Beaufort, as he came up the Channel ; but
the violence of the wind compelled him to seek
shelter at St. Helen's, and the French squadron Sep. 3.
had the good fortune to arrive safely at Dieppe.
Louis, alarmed at the proximity of his fleet to the
superior force of the English, by repeated mes-
sages insisted that the Dutch should proceed to
give it protection. But their ships had suffered
severely from the weather ; the admiral was still
unable to take the command ; and instead of
joining their allies, they embraced the first oppor-
tunity of returning to their own ports. Beaufort,
however, extricated himself from the danger, and
stole his way down the Channel with no other
loss than that of the Ruby, of fifty -four guns81.
The storm which had driven the English fleet Fire of
into St. Helen's was productive of the most dis-
Sen 2.
astrous consequences by land. On the night of
Sunday, the 2d of September, a fire burst out in
Pudding-lane, near Fish-street, one of the most
crowded quarters of the metropolis. It originated
in a bake-house ; the buildings in the neighbour-
hood, formed of wood, with pitched roofs, quickly
91 Clarendon, 317. Heath, 353. Misccl. Aul. 418. Louis XIV.
ii. 219, 221— 226. Temple, i. 477.
150 HISTORY OF ENGLAND.
(II A P. caught the flames; and the stores with which
1666 tnev were filled, consisting of those combustible
articles used in the equipment of shipping, nou-
rished the conflagration. To add to the mischief,
the pipes from the new river were found empty82,
and the engine, which raised water from the
Thames, was reduced to ashes. The lord mayor
arrived on the first alarm : but his timidity and
inexperience shrunk from the adoption of decisive
measures : he refused for several hours to admit
the aid of the military, and to those who advised
the demolition of a range of houses, replied that
he must previously obtain the consent of their
respective owners 83.
Sep. 3. During the day the wind, which blew from the
east, hourly augmented in violence ; and the fire
spread with astonishing velocity, leaping from roof
to roof, and frequently igniting houses at a dis-
tance, and in apparent security. The following
night (" if night, " says an eye-witness, " that
82 On the authority of an old woman, the countess of Clarendon,
and of a divine, Dr. Lloyd, whose brain had been affected by the
study of the Apocalypse, Burnet gravely tells a story of one
Grant, a papist, a partner in the works at Islington, having on the
preceding Saturday turned the cocks, and carried away the keys.
(Hist. i. 4-01.) But the fire happened on the 2d of September, and
Higgons (Remarks, 219.) proves from the books of the company,
that Grant had no share in the works before the 25th of that
month.
83 The duke of York says, that the expedient of blowing up
houses with gunpowder was suggested by an old woman (Macpher.
Pap. i. 3fi.) ; Evelyn, by a party of sailors ; but " some tenacious
" and avaritious men, aldermen, &c. would not permit it, because
" their houses must have been the first", ii. 266.
CHARLES II. 151
" could be called, which was light as day for ten CHAP.
"miles round,") presented a most magnificent, 166'6.
but appalling spectacle. A vast column of fire, a
mile in diameter, was seen ascending to the clouds ;
the flames, as they rose, were bent and broken,
and shivered by the fury of the wind ; and every
blast scattered through the air innumerable flakes
of fire, which falling on inflammable substances
kindled new conflagrations. The lurid glare of
the sky, the oppressive heat of the atmosphere,
the crackling of the flames, and the falling of the
houses and churches, combined to fill every breast
with astonishment and terror.
Instead, however, of adverting to the natural
causes of the calamity, causes too obvious to es-
cape an observant eye, the public credulity listened
to stories of malice and treachery. It was said
and believed, that men had been apprehended
carrying with them parcels of an unknown sub-
stance, which on compression produced heat and
flame ; that others had been seen throwing fire
balls into houses as they passed along the street ;
that the foreign enemy had combined with the
republicans and papists to burn the city ; and that
the French residents in the capital, to the number
of twenty thousand, had taken up arms, and were
massacring every native, who came in the way.
These reports augmented the general terror and
confusion. All were mingled together, men la-
bouring to extinguish the flames, citizens convey-
ing away their families and goods, crowds flying
[»? HISTORY OF ENGLAND,
c il AT. from the imaginary massacre, others in arms has-
's tening to oppose the murderers, and mobs sur-
rounding and ill-treating every stranger, foreigner,
and reputed papist, who ventured into the streets.
Exertions Charles never appeared so deeply affected as at
king. the sight of the conflagration. Breaking from his
pleasures and his mistresses, he displayed an
energy of mind and body of which his most inti-
mate friends thought him no longer capable.
Wherever the danger appeared the greatest, the
king was to be found with his brother, mixing
among the workmen, animating them by his
example, and with his own hand rewarding their
exertions 8\ He divided the city into districts,
and gave the command of each district to one of
the privy council. He ordered biscuits and other
necessaries to be brought from the royal stores for
the relief of the families in the fields, and sent out
strong patroles of his guards, to prevent robbery,
and to conduct to prison all persons suspected and
arrested by the populace, as the most likely means
of preserving their lives.
Endofthe While the storm continued, the conflagration
tion. " bftde defiance to all the exertions of human inge-
nuity or power. In many places houses had been
blown up or demolished : but the ignited flakes
were carried over the einjrty space, or the ruins
y,t " It is not indeed imaginable how extraordinary the vigilance
" and activity of the king and the duke was, even labouring in
'•' person, and being present to command, order, reward, orencou-
" rage workmen". Evelyn, ii. 268. Life of James, i. 424.
CHARLES II. 153
again took fire, or the flames unexpectedly turned CHAP,
in a new direction. On the evening of Wednes- j^.
day the violence of the wind began to abate ; the
duke of York saved the church of the Temple bySeP 5-
the destruction of the neighbouring buildings ;
and the next morning a similar precaution was Sep. c.
adopted by the king to preserve Westminster-
abbey and the palace of Whitehall. About five
in the evening of Thursday the weather became
calm ; and every heart beat with the hope that
this dreadful visitation was approaching to its close.
But in the night new alarms were excited. The
fire burst out again in the Temple ; it was still
seen to rage with unabated fury near Cripplegate,
and a large body of flame made rapid advance
towards the Tower. The duke and the other no-
blemen were immediately at their posts. With
the aid of gunpowder large openings were made ;
Charles attended at the demolition of the houses
on the graff near the magazine in the Tower ;
and the conflagration, b'jing thus prohibited from
extending its ravages, gradually died away, though
months elapsed before the immense accumulation
of ruins ceased to present appearances of internal
heat and combustion 85.
By this deplorable accident two-thirds of the Its ex-
metropolis, the whole space from the Tower to the
Temple, had been reduced to ashes. The number
' London Gazette, No. 8.5. Clarend. 318— 3.52. Evelyn, ii.
263— 7. Philips, 652. Burnet, i. 401, 2 ; and Pepys, who in the
confusion has divided one day into two. Diary, iii. 1G — 35.
11.
1666.
154 HISTORY OF ENGLAND.
(II A P. of houses consumed amounted to thirteen thousand
two hundred ; of churches, including St. Paul's, to
eighty-nine, covering- three hundred and seventy-
three acres within, and sixty-three without the
Sep. 7. walls. In the fields ahout Islington and High-
gate were seen lying on the bare ground, or under
huts hastily erected, two hundred thousand indi-
viduals, many in a state of utter destitution, and
the others watching the small remnant of their
property which they had snatched from the flames.
Charles was indefatigable in his exertions to afford
relief, and to procure them lodgings in the nearest
towns and villages 86.
Its cause. Whoever considers the place in which the fire
began, the violence of the wind, and the materials
of which the houses were built, will not be at a loss
to account for the origin and the extent of the
conflagration. But it was an age in which poli-
tical and religious prejudices had perverted the
judgments of men. Some considered it as an
evident visitation of Providence in punishment of
sin ; but of what sin ? Of the immorality of the
king and the courtiers, replied the more rigid reli-
gionists ; of the late rebellion, recriminated the
cavaliers 87. Others attributed it to the disloyalty
86 St. Trials, vi. 807. Evelyn, ii. 271.
87 Two remarkable coincidences have been noticed. At the
trials of certain conspirators in the preceding April, it appeared
that they had intended to set fire to London on the 3d of Sep-
tember of the last year, that they might avail themselves of the
CHARLES H. 155
and revenge, either of the republicans, who sought CHAP,
to destroy the seat of the monarchy, or of the 1666
papists, who wished to punish the strong hold of
orthodoxy. But of these charges, though the in-
dividuals suspected were examined before the
council and the lord chief justice, though the
house of commons ordered a strict inquiry to be
instituted, though every species of conjectural and
hearsay evidence was admitted, yet no vestige of
proof could ever be discovered. The report of
the committee still exists, a complete refutation of
the calumny 88. Subsequently, however, on the
monument erected to perpetuate this calamitous
event, it was, and still stands, recorded, that " the
" burning of this protestant city was begun and
" carried on by the treachery and malice of the
confusion to overturn the government (London Gazette, Ap. 23 —
26) : and it was about one in the morning of Sep. 3, of this year,
that the fire made its appearance. Again, in 1656, a treatise was
advertised, purporting to show from the Apocalypse, that in the
year 1666 the Romish Babylon would be destroyed by fire. (Merc.
Pol. in Burton's Diary, i. cxlvii.) Now this great fire actually
happened in 1666, the year foretold, though it destroyed not the
Romish, but the English Babylon.
88 The examinations are printed in Howell's State Trials, vi.
807 — 866. One Hubert, a French protestant, who formerly
worked as a silversmith in the city, gave himself up as the incen-
diary, was examined before the committee (see his examination,
p. 824), and, persisting in his story, was condemned and executed.
The man was clearly insane. " Neither the judges, nor any pre-
" sent at the trial, did believe him guilty ; but that he was a poor
" distracted wretch, weary of his life, and chose to part with it
" this way". Clarendon, 3.53. See also Higgons on Burnet,
215.
1^6 HISTORY OF ENGLAND.
CHAP. " popish faction". Next to the guilt of him who
166*6. perpetrates an atrocious crime, is the guilt of those,
who charge it on the innocent 89.
Proceed- In the same month, when the parliament as-
parlia- sembled, it became manifest that the popularity of
ment. the king was on the wane in the lower house.
The late disaster had thrown a gloom over the
public mind ; and the murmurs of the people were
echoed in the speeches of their representatives.
The duke of Buckingham sought the company of
the discontented ; by tales of the royal extrava-
gance and immorality, he sharpened their indigna-
tion and won their confidence ; and, in a short
time, a formidable party was arrayed against the
advocates of the court. No man, indeed, could be
more immoral than Buckingham himself; but
Charles, to gratify the anger of Castlemaine, had
banished him from court, and resentment made
him a saint and a patriot. The commons began,
indeed, by voting a supply of 1,800,000/. ; yet,
while they held out the money as a lure to the
king, they required several concessions before they
would deliver it into his hands. 1°. According
to ancient custom, they displayed their zeal against
the catholics. The attempt to fasten on them the
charge of having fired the capital unfortunately
failed ; but a committee was appointed " to inquire
" into the insolence of the papists and the increase
"9 The monument was begun in 1671, and finished in 1677;
the inscription was written by Dr. Thomas Gale, afterward dean
of York. Pennant's London, 317.
CHARLES II. 1^7
" of popery" ; and, though the information which CHAP,
they procured, consisted of tales so childish and 1666.
improbable that they dared not pronounce an
opinion 90, yet it served as the foundation of an
address to the king ; and Charles, in accordance
with their petition, commanded, by proclamation,
all priests and Jesuits to quit the kingdom ; gave
directions to the judges and magistrates to exe-
cute the laws against recusants, to disarm all
papists, and to administer the oaths of allegiance
and supremacy to all persons suspected of popery ;
and ordered the commanders of regiments to dis-
miss from the army every officer and soldier who
should refuse the oaths, or had not received the
sacrament.
2°. In 1663 complaint had been made in par- Debate on
liament that the agricultural interest of England tie#
was sacrificed to that of Ireland ; that the annual
importation of Irish cattle, amounting to more
than sixty thousand beeves and a proportionate
number of sheep, depressed the prices in the Eng-
lish market ; and that the English farmers were
no longer able to pay their rents to their landlords
or their taxes to the king. The result was an act
prohibiting under severe penalties the importation
of cattle from the Irish to the English ports.
There now remained but one resource for the Irish
farmer, the introduction of the dead carcase in
place of the live animal ; and to meet this a bill
90 It is published in the State Trials, vi. 851—9.
16(3 (j.
L58 HISTORY OF ENGLAND.
CHAT, was brought in during the session at Oxford, to
extend the prohibition to salt beef, bacon, and
pork. It was lost by the hasty prorogation of
parliament, but revived in the present session.
Never, for many years, had any question excited
such agitation in the public mind, or such animo-
sities in the two houses. On the one part, it was
contended that the parliament was bound in duty
to protect the agricultural interest, which com-
prised not only the farmers and their servants,
but all the landlords in the kingdom ; on the other,
that the people had a right to purchase their food
at the cheapest market ; that it was unjust to pro-
tect one interest at the expense of another ; and
that, if the Irish were not allowed to export their
cattle, they would not be able to import the ma-
nufactures of England. The bill, after much
contestation, was sent to the lords, and returned
by them with amendments, to which the commons
objected. The opponents of the measure hoped,
by fomenting the dissension, to suppress the bill :
but the king was so anxious not to lose by delay
the supply which had been voted, and so alarmed
by the tumultuous meetings of the agriculturists
in the country, that he commanded the duke of
York and his friends in the house of lords to de-
sist from their opposition. They withdrew before
the division, and the bill was suffered to pass into
a law91.
'" Miscel. Aul. 432, 6, 7, 9, 436. Coke, 151—144. Clarendon,
371— 3S3. Carte, ii. 317 — 322, 329—334. In tlie course of these
CHARLES II. 159
3°. Reports were circulated that the supplies CHAP.
1666.
previously voted for the war had been diverted
from their original destination ; and a bill was
carried through the commons appointing commis- 2"litiM
sioners to audit the public accounts. Charles, at of th.e
the solicitation of sir George Carteret, treasurer counts.30
of the navy, and of Cooper, recently created lord
Ashley, treasurer of the prize money, openly de-
clared that he would never yield his consent. It
was a direct invasion of the royal prerogative ; it
would prevent men from taking office if, instead
of the regular method of auditing accounts, they
were to be interrogated at will by the commons,
and subjected to the arbitrary judgment of that
house ; and, which was the most cogent argument
of all, it would reveal to the public the many and
valuable grants which the king had made of the
national money to his favourites and mistresses.
But to oppose it openly might provoke and con-
firm suspicion : when the bill came to the upper
house, the lords voted an address to the king to
appoint a commission of inquiry ; the commons
debates, Buckingham said that whoever opposed the bill, must
have an Irish interest in his heart, or an Irish intellect in his head.
Lord Ossery challenged him ; but he chose to mistake the place
of meeting, and to give an account of the whole proceeding to the
house. Both were put under custody, and afterwards reconciled.
Next he quarrelled with lord Dorchester, respecting a seat in a
conference with the commons. The marquess in the scuffle lost
his periwig, the duke a handful of hair. The two champions were
sent to the Tower, and reconciled. L. Journ. xii. 18, 19, 52.
Clarendon, 376—9. Miscel. Aul. 423— fi.
l60 IIISTOllY OF ENGLAND.
CHAP, resolved that such an address, pending the bill,
,~' was unparliamentary, and the two houses found
1(>67. l J
themselves involved in an endless controversy re-
specting their rights and privileges. Charles,
however, was now assailed from a different quar-
ter. His opponents threatened to impeach the
countess of Castlemaine ; and his anxiety to screen
her from prosecution induced him to employ his
Jan. 24. influence in favour of the bill. The lords passed
it with a few trifling amendments ; and then its
supporters, as if their only object had been to ex-
cite the distrust of the nation, instead of proceed-
ing with a measure which they had so warmly
pursued, suffered the bill to lie without notice on
the table. The means of raising the supply by a
pole tax and by eleven monthly assessments were
Feb. 8. voted, and the king having obtained his end, pro-
rogued the parliament 9i.
Insurrec- During this session, the council was seriously
Scotland, alarmed by the news of an insurrection in Scot-
land, an insurrection attributed at first to foreign
'■* L. Journ. xii. 34, 47, 52, 72, 81, 88. C. Journal, Jan. 24;
Feb. 7. Clarendon, 3(J8, 374. Charles, however, in the April
following, did appoint a commission of lords and commons, "for
" taking accounts of the several sums of money which had been
" raised and assigned to his majesty's use during the war, and of
" all such moneys and profits as had been made of prizes taken
" since the beginning of the war, with power to call to account all
" treasurers, receivers, &c. and all such authority, as might serve
" for the effectual and impartial execution of the said commis-
" sion". They sate, continued the inquiry for many months, and
made reports to the house of commons. There was, however, no
important result.
CHARLES II.
161
intrigue, but provoked in reality by religious per- CHAP,
sedition. The eastern and northern counties had 1(iC'7
apparently acquiesced in the restoration of episco
pacy ; but in the west and south a strong spirit
of resistance had been manifested. Most of the
ministers were ejected, and their places supplied
by clergymen, whose youth and habits were not
calculated to render them acceptable to the people.
When they took possession of their cures, they
were generally received with contumely, sometimes
with vollies of stones from crowds of women and
children ; and when they ascended the pulpit, their
churches were deserted by the majority of the pa-
rishioners. These followed their former pastor to
the barn and the moor ; the circumstances under
which they met kindled the enthusiasm both of the
preacher and his hearers ; and they separated with
a firm determination to adhere to the national co-
venant, and to oppose to the death the " anti-
christian" institution of bishops. The parlia-
ment made laws to put down conventicles, and
enforce attendance at the parish church ; the high
commission court endeavoured to subdue the most
refractory by arbitrary and disproportionate pu-
nishments ; and, as a last resource, a body of sol-
diers, under sir James Turner, an Englishman,
was sent into the west to levy fines, and secure obc-
dience to the law. Without attaching entire credit
to the exaggerated tales of the sufferers, we may
presume that these military missionaries did net
discharge their duties in a manner to please or
VOL. XII. M
1666.
Nov. 13
l"" HISTORY OF ENGLAND.
CHAP, conciliate the natives; numerous frays occurred
leer, between them and the religionists on whom they
were quartered : one of the soldiers was shot at
Dairy in Galloway ; the offenders secured his com-
panions for their own safety ; their number quickly
Nov. is. increased ; they surprised and made prisoner sir
James Turner himself ; and, astonished at their
success, began to deliberate respecting their future
proceedings. They scarcely exceeded two thou-
sand men ; but, on the ground that " God was
" able to save by few as well as by many ", they
Nov. 2?. chose officers, renewed the covenant, and resolved
to march towards Edinburgh. The night was
cold and dark ; and, on their arrival at Bathgate
their force had dwindled to less than one half of
its original amount. They nevertheless continued
to advance ; but the gates were shut ; and the
royal army under Dalziel followed their footsteps.
They retreated from Collingtown to Rullion-green,
Nov. 28. near the Pentland Hills, where their commander,
colonel Wallace, faced the enemy. Of the minis-
ters who accompanied them, Crookshank and Mac-
cormick, natives of Ireland, took their station
among the cavalry to fight the battle of the Lord ;
Welch and Semple, natives of Scotland, ascended
a neighbouring eminence to pray. The former
fell in the first charge ; the latter, as soon as they
saw the loss of the battle, saved their lives by
flight. About fifty of the insurgents were left
dead on the field, and one hundred and thirty
were made prisoners. It was a time when per-
CHAHLES II. l6$
haps some effect might have been produced by the CHAP,
lenity of government : but the prelates deemed it 166'7
more prudent to intimidate by severity. Twenty
were executed in the capital, and about the same ec* ' '
. -^ Dec. it.
number in Glasgow, Ayr, Irvine, and Dumfries. Dcc> 22>
All refused the oath, and died professing their
adhesion to the covenant. The king ordered a
rigorous inquiry to be made into the origin of the
insurrection ; and the chief of the prisoners were
tortured in the " boots ", to draw from them the
confession of their real object. But no trace could
be discovered of any correspondence between them
and the foreign enemy : the court became con-
vinced that persecution had goaded them to resist-
ance ; and an order was issued that the whigs
(the name by which the covenanters were now
designated) should be treated with less severity 9'3.
The suppression of this tumult relieved the Difficulty
king from one source of disquietude : there re- out the
mained another, which he knew not how to
remove — the poverty of the exchequer. To pre-
pare the fleet for sea required an immediate
supply of money ; and the grant made by the par-
liament, though liberal in the amount, offered but
a distant resource. In the former years the royal
13 Kirkton, 229—255. Wodrow, 217—256. App. 86, 7, S.
Burnet, i. 151. " The poor people, who were at this time in con-
" tempt called whiggs, became name-fathers to all that owned ane
" honest interest in Britain, who were called whiggs after them
" even at the court of England ; so strangely doth Providence
" improve man's mistakes for the furthering of the Lord's pur-
"pose". Kirkton, 255.
3M 2
t6l HISTORY OF ENGLAND.
CHAT wants liai1 ^een Promptly accommodated by the
IT- bankers, a few opulent individuals, members of the
' company of goldsmiths, and aldermen in the city.
These it was customary to introduce into the
royal presence; they were acquainted with the
amount of the intended loan ; each subscribed for
such portion as he chose to take, and received in
return the assignation of some branch of the pub-
lic revenue, entitling him to its produce till the
capital, with the interest at eight per cent., should
be entirely discharged 9t. But this expedient was
now impracticable, on account of the embarrass-
ments, caused by the plague and the fire, in mer-
cantile and pecuniary transactions. The bankers
had suffered considerable losses ; money had
grown scarce ; the destruction of merchandize had
diminished the receipt of the customs and excise ;
and the inability of the treasury to fulfil its en-
gagements had impaired the royal credit. In an
evil hour, sir William Coventry proposed to lay
s* Clarendon, 393—6, 314, 5. Life of James, i. 425. Mac-
pherson, Pap. i. 367. The bankers were accustomed to charge
eight per cent, on loans, and to give six per cent, on deposits.
The manner of payment may be understood from the following
order in council, published in March of this year : " that all persons
" who had lent money for his Majesty's service in the present war,
" upon the credit of the late act for 125,000/., whose orders were
" of the numbers of 99, 100, and so forwards to 126, should take
*' notice that there remained money for them in bank at the re-
" ceipt of his Majesty's exchequer, ready to pay both their prin-
" cipal and interest, and should therefore cause their respective
' < orders and tallies to be brought into the exchequer ; and give
" their acquittances, that they might receive their loans and inte-
" rests according to the said act."
CHARLES II.
165
up the larger ships in ordinary, and to equip only CHAP,
two squadrons of light frigates, one to harass the 166*7#
enemy's trade in the Channel, and the other that
in the German Ocean. The duke of York ob-
jected with considerable force, that such an ex-
pedient was in truth an abandonment of the
sovereignty of the sea, and an invitation to the
Dutch to insult the English coast, and plunder
the maritime counties. But the difficulty of pro-
curing money, and the expectation of a speedy
peace, weighed with the rest of the council ; and
Charles consented to a measure which subse-
quently gave him keener regret, and brought on
him more lasting disgrace, than, perhaps, any
other act of his government.
The king of France, who had completed his Secret
preparations for the invasion of Flanders in the ^J/
spring, was anxious to free himself from the in- Louis.
cumbrance of the war with England. Through
Ruvigni, the agent of the French protestants at
his court, he persuaded the earl of St. Alban's,
who, it was rumoured, had privately married the
queen-mother, to proceed to London and sound
the disposition of Charles. The English king
earnestly wished to try again his fortune by sea ;
but the difficulty of fitting out the fleet subdued
his repugnance to a treaty, and he consented to
send commissioners to Breda, on condition that
an armistice should accompany the negociation 9\
w Clarendon, 119.
1'Cfi HISTORY OF ENGLAND.
CHAP. Louis met with greater difficulty on the part of
16(i7. the States, who, aware that his intended conquest
— of Flanders must prove injurious to their inter-
1666. ests, sought to divert him from his purpose by
Dec. 14. continuing the war, from which he had recently
pledged himself not to withdraw without their
consent. But the monarch, irritated by their ob-
jections and delays, discovered an expedient by
which he disappointed their hopes. Without the
knowledge of the ministers at either court, he
opened a secret negociation with Charles. Each
prince addressed his letters to the queen Henrietta
Maria, Louis as to his aunt, Charles as to his
mother ; and that princess forwarded them to
their destination, under covers as from herself.
Neither had any real cause of hostility against the
other, and the only difficulty arose from a desire
in the English king to recover the isles in the
West Indies, which had been taken by the French,
and on the part of Louis to obtain a pledge that
England should not oppose his designs against
Spain. At length they compromised these pre-
tensions, and it was agreed that each should
abstain from hostilities against the other; that
France should restore her conquests in the West
Indies ; that England, during the space of one
year, should afford no assistance to Spain ; and
that so much of this treaty as was fit to meet the
eye of the public should be afterwards inserted in
April H. a public treaty. Both kings solemnly pledged
themselves to the observance of the articles in a
CHARLES II. 167
paper under their respective signatures, which for CHAP,
greater privacy and security was deposited with 16li'7
Henrietta Maria, as their common relation and
friend 96.
While the secret treaty proceeded, the French The
ambassador reiterated his demands at the Hague, fleet in
and four out of the seven provinces, eager for the nver'
peace, resolved to withdraw their contributions
towards the expences of the war. De Witt with
his party was compelled to yield ; Breda was
named for the place of the congress, and in the
month of May the ambassadors of the several May u.
powers assembled. But the pensionary still
thirsted for revenge : he knew that the Dutch
fleet was ready to sail, and that England had no
fleet to oppose ; and he determined not to throw
away the opportunity which fortune had placed
in his hands. When the armistice was pixmosed,
the Dutch immediately refused their consent, on
the ground that it would occupy as much time to
discuss its conditions as those of the peace itself;
and while the English argued, and the French
remonstrated, De Witt left the Texel in company
with De Ruyter, and ordered the fleet to the
amount of seventy sail, to join him in separate
squadrons at the buoy off the Nore.
The English government was not taken by
surprise. The warnings of the duke of York had
8 For the knowledge of this singular transaction, the first of
the secret treaties betw< en Louis and Charles, we are indebted to
Louis himself, in his (Envies, ii. 256, 286, 8., 9 ; v. 399, 405.
lO'S HISTORY OF ENGLAND.
chap, awakened them to a sense of the danger ; and
All three months before, orders had been issued to
1007.
raise a fort at Sheerness, to throw a boom across
Feb. 27. tj]e Medway at the stakes, to mount the guns on
the batteries, and to prepare a competent number
of fireships. But it was not easy to carry these
orders into execution. The commissioners of the
navy already owed more than 900,000/. Their
credit was gone : the sailors refused to serve, the
labourers to work, the merchants to sell, without
immediate payment : and to procure ready money,
either by application to the treasury, or by loan
from the bankers, was impossible 97. De Witt,
that he might distract the attention of the council,
ordered one division of his fleet to sail up the
Thames as far as Gravesend, and the other to
destroy, which was his chief object, the shipping
in the Med way. The fort at Sheerness opposed
June o. but a feeble resistance. Though Charles, to
hasten the completion of the works, had visited
them twice during the winter, they were still in
an unfinished state, and a xew broadsides levelled
them with the ground. At the first alarm, Monk,
by the royal order, hastened to the mouth of the
Medway. He erected batteries, and moored
guard-ships for the protection of the boom, and
sunk five ships before it in the narrowest part of
the channel. He had not completed these pre-
June n. parations, when the Dutch advanced with the
;7 See Pepys, iii. 156, 162, V, 171.
CHA11LES II. 16'9
wind and tide in their favour ; but the obstruc- CHAP,
tion in the passage opposed an insuperable bar to 166^
their progress, and they were compelled to fall
back with the ebb. During the night, however,
they discovered a new channel, sufficiently deep
for large ships at high water, and in the morning
worked their way without impediment in this
direction. The men of war immediately pointed June is.
their guns against the batteries ; and a heavy
fireship, running against the boom, hung upon it.
A second followed in like manner ; the chain
broke under their united weight ; and, in a short
time, the guardships were in a blaze. The hull
of the Royal Charles, a first rate, which through
neglect of orders had not been removed, became
the prize of the conquerors.
Monk, disappointed but not disheartened, Advances
hastened back to Upnor Castle. The night was t0 uPnor-
employed in mounting guns and collecting am-
munition : in the morning the batteries were
manned with volunteers from the navy ; and the
return of the tide exhibited a sight most galling
to the pride of every Englishman, — the Dutch
fleet advancing triumphantly up the river. Two June 13.
men of Avar led the line ; then came six enormous
fire-ships ; after them followed the rest of the
squadron. The men of war anchored to receive
and return the fire of the batteries ; and the
fireships, passing behind them, pursued their
course, reducing to ashes the three first-rates,
the RoyalJames, the Oak, and the London. At
]70 HISTORY OF ENGLAND.
CHAP, the ebb, their commander Van Ghent, whether
1(i(J'7- he had fully executed his orders, or was intimi-
teut.
■ ■ dated by the warm reception which he experi-
enced, made the signal to the fleet to fall down
the river, and, having burnt two of his own
vessels which had grounded, rejoined in safety
the other division at the Nore ".
Public To the English, if we consider the force of the
enemy and the defenceless state of the river,
the loss was much less than they had reason
to expect ; but the disgrace sunk deep into
the heart of the king, and the hearts of his
subjects. That England, so lately the mis-
tress of the ocean, should be unable to meet her
enemies at sea, and that the Dutch, whom she
had so often defeated, should ride triumphant in
her rivers, burn her ships, and scatter dismay
through the capital and the country, were uni-
versally subjects of grief and indignation. Many
attributed it to that eternal source of every cala-
mity, the imaginary machinations of the pa-
pists"; others were taught to believe that the
king had secretly leagued with the enemy for the
purpose of depressing the nation, that he might
the more easily establish a despotic government ;
and numbers contrasted the disastrous result of
the present war against the Dutch under a king,
with the glorious result of the former war under
98 C. Journals, Oct. 31. Pepys, iii. 237, 241, 2, 5, 50; v. 17.
Evelyn, ii. 287, 8, 291.
m Pepys, iii. 245, 252.
CHARLES II. 171
a protector. But their reasoning was evidently CHAP,
unjust. Whatever might be the faults of Charles,
1667.
he had conducted the war with equal spirit, and
till this moment with more signal success. Even
the disgrace at Chatham, originating from a
measure which had been forced upon him by pecu-
niary distress, had not in reality diminished the
power nor impaired the resources of the country.
For six weeks De Ruyter continued to sweep Treaty of
the English coast. But his attempts to burn the Peace-
ships at Portsmouth, Plymouth, and Torbay,
were successively defeated ; and, though he twice
threatened to remount the Thames, the spirited
opposition with which he was received by a squa-
dron of eighteen sail, under sir Edward Spragge,
induced him to renounce the design. In the
mean time the Dutch negotiators, who had pur-
posely protracted the conferences at Breda, began
to be alarmed by the rapid progress of the French
army in Flanders ; for Louis, soon after his se-
cret treaty with Charles, passed the frontiers with May 11.
an army of seventy thousand men, nominally
commanded by himself, but really under the guid-
ance of Turenne. Castel-Rodrigo, the Spanish
governor, dismantled several fortresses ; Binche,
Tournay, Oudenarde, Courtrai, and Douai opened
their gates ; and Louis was actually occupied in
the siege of Lisle, when the States hastened to
withdraw their objections to the proposals of
England, that they might have leisure to secure
themselves against the ambition of their powerful
L72 HISTORY OF ENGLAND.
C II A P. ally ". Three treaties were signed by the Eng-
16G*7t lish commissioners on the same day. By one
with Holland it was stipulated that both parties
July 21. s]louici forget past injuries, and remain in their
present condition, which confirmed to the States
the possession of the disputed island of Pulo Ron,
and to the English, their conquests of Albany and
New York. By the second with France, Louis
obtained the restoration of Nova Scotia, and
Charles that of Antigua, Monserrat, and part of
St. Kitts ; and by the last with Denmark, which
country had acceded to the war, as the ally
of the Dutch, the relations of amity were re-
established between the two crowns 10°.
Unpopu- There was nothing in the conditions of peace
Claren- *° mortify the pride or to prejudice the interests
don. 0f the nation ; yet the calamities which had ac-
companied the war, the plague, the fire, and the
disgrace at Chatham, though over the two first
no human counsels could have had any control,
93 The success of Louis produced a benefit to England, which
was unexpected : it induced "one Brewer, with about fifty Wal-
" loons, who wrought and dyed fine woollen cloths ", to migrate
to this kingdom. " The king entertained them against our bar-
et barous law, or rather usage, against foreigners partaking the
* benefit of natural-bom English ; and by them the English, in a
" few years time., were instructed to make and dye fine woollen
" cloths cheaper by forty per cent, than they could do before ".
Coke, ii. 161.
100 See them in Dumont, vii. par. i. 40 -57. Mem. d'Estrades,
iv. 395—4.28. Temple, i. 481.
CHARLES II. 173
had soured the temper of the people ; and Charles, chap.
anxious to divert attention from his own miscon- 166'7
duct, was not unwilling to sacrifice a victim to
the public discontent. Ever since the restoration,
Clarendon had exercised the power, though with-
out the name, of prime minister ; and to his
pernicious counsels it was become the fashion to
attribute every national calamity. It must be
confessed that, with a correct judgment and
brilliant talents, he had contrived, whether it
arose from the infirmity of his nature, or the
necessity of his situation, to make himself ene-
mies among every class of men. The courtiers
had been alienated from him by the haughtiness
of his manner, and his perpetual opposition to
their suits, their projects, and their extravagance ;
the friends of liberty, by his strenuous advocacy
of every claim which he conceived to belong to
the prerogative, and his marked antipathy to
every doctrine, which seemed to him to savour of
republicanism ; and the catholics, the presbyte-
rians, and the several classes of dissenters, by
his obstinate and successful opposition to the
indulgence to tender consciences, promised by the
king in his declaration from Breda. He had
offended the house of commons by reproaching
them with conduct similar to that of the long
parliament, and the house of lords by complaining
that they suffered the commons to usurp the lead
in public busineSvS, and were content with main-
17 V HISTOB.Y OF ENGLAND.
C hat. taming their own privileges l01. The king, indeed,
16(J'7 had been accustomed to listen to him with respect,
almost with awe. But these sentiments gradually
wore away. The courtiers mimicked the gravity
of Clarendon in the royal presence ; they ridiculed
his person and manner ; they charged him with
interested motives ; and represented him as a
morose pedagogue, claiming to retain the same
control over the mind of the man, which he had
once exercised over that of the boy. Charles
laughed and reproved ; but frequency of repeti-
tion insensibly produced effect ; and feelings of
suspicion and aversion were occasionally awakened
in the royal breast. Nor did Clarendon himself
fail to aid the efforts of his enemies. He often
contradicted the favourite opinions of the king ;
sometimes carried measures against him in the
house of lords ; and, on more than one occasion,
so far forgot himself at the council table, as to
speak with a vehemence and authority which hurt
the pride of the monarch. His opposition in the
house of lords to the bill for indulgence to tender
consciences was never forgotten ; and recently,
when the plan of putting the treasury in com-
mission was debated during the parliament at
Oxford, his conduct had given deep and lasting
offence. He was at last taught to feel that,
though he might still be consulted as formerly,
he no longer enjoyed the royal friendship ; and
"" Clarendon, 3S3— 5.
CHARLES II. !'5
his political opponents, seeing the slippery ground CHAP,
on which he stood, laboured to precipitate his 1667.
fall 102.
As early as the year 1663, the earl of Bristol, Heisim-
a catholic peer, in a moment of irritation, pro- byBristol.
ceeding from some supposed injury offered to him iec3.
by Clarendon, requested an audience of Charles July 9.
in the presence of lord Arlington ; and, forget-
ting the respect due to the monarch, openly
reproached him with his indolence, his expenses,
and his amours ; charged him with sacrificing his
best friends, and among them himself, to the
ambition of the chancellor, and ended with a
threat that, unless justice were done to him
within twenty-four hours, he would raise a storm,
which should astonish both the king and his
minister. Bristol escaped with difficulty from
the personal resentment of his sovereign ; and
the next day, rising in the house of lords, im-
peached Clarendon of high treason, and of
divers heinous misdemeanors. But this pomp-
ous denouncement, when he descended into par-
ticulars, dwindled into the ridiculous charge that
the chancellor had laboured both by his pub-
lic conduct and private discourse, to create a
belief that the king was in heart a papist, and
that on himself, his vigilance, and authority,
depended the preservation of the protestant esta-
blishment. The judges being consulted, replied
io« Clarendon, 215, 8, 321, 358, 361. Life of James, i 398, 428.
Pepys, iv. 268.
17<» IIISTOllY OF ENGLAND.
CHAP, that none of the offences charged, supposing them
n;67 proved, could amount to high treason ; and the
king, by issuing a warrant for the apprehension
of the accuser, put an end to the prosecution.
Bristol absconded for a time, and returned not to
court till the fall of his adversary 103.
The king This abortive attempt did not dishearten the
abandons enemjes 0f the chancellor. Thev lost no oppor-
tunity of undermining his credit with the king or
the nation : men of opposite interests gradually
crept into the council ; and his refusal to allow
his wife to visit Castlemain gave mortal offence
both to Charles and his mistress 1C4. The reader
is aware of Buckingham's conduct during the last
session of parliament. At its conclusion, the
king, who had obtained from one of his agents
secret information of his intrigues, deprived him
"•3 Clarendon, 208. L. Journals, xi. 55, 59, 60. St. Trials,
312—8. Life of James, i. 427. Pepys, ii. 62, 70, 90, 95. Cla-
rendon attributes Bristol's enmity to the king's refusal of supply-
ing him with money, which refusal he attributed to the chancellor.
But the real offence arose out of the following circumstance : —
When Charles was annoyed by the reflections made in the house
of commons during the debate on the revenue, he informed the
house that sir Richard Temple, a leader of the opposition, had
offered, on certain conditions, to obtain for him a more ample
revenue than he coidd desire. At the request of the commons, he
named the earl of Bristol as the bearer of the offer; who hastened
to the house, and, being admitted, in an ingenious and eloquent
speech vindicated both himself and Temple from the imputation.
C. Journals, 1663, June 13, 20, 26; July 1. The giving up of
his name was the offence, which he imputed to the advice of
Clarendon.
1 * Clarendon, 361. Life of James, 28. Macpherson, 35, 7.
CHARLES II. l77
of his offices at court, and ordered him to sur- CHAP,
render to the lieutenant of the Tower. The duke ]66'7
concealed himself ; but the agent died ; Bucking
ham made his peace with Castlemain, presented March ll-
. June 18.
himself to the lieutenant, was examined before
the council, discharged, permitted to kiss the
king's hand, and restored to his former employ- July 16.
ments 105. From that moment the doom of Cla-
rendon was sealed. When the Dutch fleet rode
victorious in the mouth of the river, he had ad-
vised the king to dissolve the parliament, and
support the troops on the coast by forced contri-
butions from the neighbouring counties, to be
repaid out of the next supply. This counsel was
divulged by some of his enemies, and represented
as a plan to govern the kingdom with a standing
army in the place of the parliament. The im-
putation was every where received with expres-
sions of abhorrence, and provoked the additional
charges of venality and ambition. The presents
which he had been in the habit of receiving from
all who sought his friendship or protection, were
held forth as proofs of his rapacity : that magni-
ficent pile called Clarendon-house was said to be
so far beyond the resources of his private fortune,
that it must have been raised with the aid of
money received from the enemies of his country ;
and the marriage of his daughter to the duke of
■w Clarendon, 431. Pepys, iii. 276, 287, 8, 292. Carte, H.
347, 9.
VOL. XII. N
L667.
178 HISTORY OF ENGLAND.
C HAP. York was attributed to his desire of becoming the
father of a race of monarchs ; a desire which had
moreover led him to introduce to the royal bed a
princess incapable of bearing children, that the
crown might descend to the issue of the duchess106.
The latter charge was not only circulated in
public, but insinuated to Charles himself, together
with the information, that the convention parlia-
ment would have settled a much more ample
revenue on the crown, had not its liberality been
checked by the jealousy or the presumption of
Clarendon 107. If the king appeared to listen to
these suggestions, he still refused to believe that
the chancellor had been unfaithful to his trust in
any point of importance : but he was daily beset
by Buckingham, Arlington, sir William Coventry,
and lady Castlemain, who represented to him the
discontent of the nation, the power of the chan-
cellor's enemies, and the probable consequences of
an impeachment in parliament ; and he at last
informed that minister, through the duke of
York, that he expected him to resign, as an expe-
dient by which he might at the same time save
' ' " How far this jealousy may have entered into the king him-
" self, to make him more easily part with his minister, I leave it
" for others to guess ". Life of James, 393. Burnet, i. 435.
107 " Some have thought, not improbably, that this remissness
" of his proceeded from a jealousy that the king was inwardly in-
" clined to popery ". Life of James, 393. On the contrary, it is
said by sir William Coventry, that it proceeded from an over-
weening opinion of his own influence, " that he could have the
" command of parliaments for ever". Pepys, iv. 276.
CHARLES II. 1*79
himself from prosecution, and spare his sovereign CHAP,
the pain of taking his office from him. 16G7
But the pride of Clarendon scorned to bend to — ■
the storm; and consciousness of innocence urged Antlde-
him to brave the malice of his enemies. He him of the
SGclI.
waited on the king, and avowed his determination . ' „„
°' Aug. 26.
not to resign — it would amount to a confession of
guilt ; expressed a hope that the seal would not
be taken from him — it would prove that his sove-
reign was dissatisfied with his services ; and con-
jured him to disbelieve the suggestions of lady
Castlemain — for she was an angry and vindictive
woman. After a conference of two hours, he
retired, leaving the king disappointed by his ob-
stinacy, and offended by his allusions to " the
" lady". The duke of York pleaded strongly in
behalf of his father-in-law. But he himself was
no longer in favour : the influence of the brother
yielded to that of the mistress ; and the chancellor
received a positive order to surrender the great Aug-. 30.
seal, which was delivered to sir Orlando Bridge-
man, chief justice of the common pleas 10S.
l°a Clarendon, 422— 5, 7, 435—40. Life of James, 427—9.
Macpherson, Pap. 138. Pcpys, iii. 332, 8. Pepys tells a laugh-
able story of Castlemain, who, when she heard about noon that
Clarendon had left the king after their interview, leaped out of
bed, and ran into the aviary, that she might observe his coun-
tenance as he passed. 334. — Bridgeman was unfortunate in liis
promotion. Afraid of deciding wrong, he laboured to please both
sides, and always gave something to each of the contending par-
ties in his court. He lost his reputation. North's Lives, &c. i.
179.
\ 2
II.
16(37.
He is im-
1&0 HISTORY OF ENGLAND.
CHA P. Iii six weeks the parliament assembled. Buck-
ingham had previously been restored to his place
in the council and the bed-chamber ; and Bristol,
"j1" issuing from his retirement, had appeared again
by the at court. To an address of thanks from the two
Oct 15 houses for the removal of the chancellor, the king
replied, by promising never more to employ him
in any capacity whatsoever. It may be that by
this promise he hoped to satisfy the enemies of
Clarendon ; but they argued that the fallen
statesman might, on some future day, recover the
favour of his sovereign, or be restored by his son-
in-law, should that prince succeed to the throne ;
their personal safety demanded precautions against
his subsequent revenge ; and, to consummate his
ruin, it was resolved to proceed against him by
Nov. 6. impeachment. Seventeen charges were fabricated
in a committee of the lower house, imputing to
him venality and cruelty in the discharge of his
office of chancellor, the acquisition by unlawful
means of enormous wealth, the sale of Dunkirk
to France, the disclosure of the king's secrets to
his enemies, and the design of introducing a mili-
tary government without the intervention of
parliament. Nothing, however, could be more
informal than the proceedings on this occasion.
No papers were ordered, no witnesses were exa-
mined ; the several charges were adopted on the
credit of members, who engaged to produce proof
whenever it might be deemed necessary; and the
CHARLES II. 181
house in a body impeached Clarendon at the bar C HAP.
of the house of lords of high treason, and other 166'7.
crimes and misdemeanors, requesting, at the same
Nov. 12.
time, that he might be committed to custody, till
they should exhibit articles against him ll)9.
It is probable, that from the absence of the duke And pro-
of York, (he was confined to his chamber by the the lords>
small-pox,) the enemies of Clarendon had promised
themselves an easy victory. But the duke com-
missioned his friends to defend his father-in-law ;
the bishops felt themselves bound to support him
as the patron of orthodoxy ; and several peers,
convinced of his innocence, cheerfully seconded
their efforts. They did not, indeed, dare openly
to advocate his cause, but they entrenched them-
selves behind forms and privileges; they contended
that to commit on a general charge was contrary
to ancient practice ; that the first precedent in its
favour was furnished by the impeachment of the
earl of Strafford, a precedent which the house
would not follow, because the attainder had been
reversed, and the proceedings erased from the
journals ; and they maintained that the lords
ought to be careful how they sanctioned a preten-
sion, which might prove in future times prejudi-
cial to them and their posterity. After several Nov. it.
animated debates, it was twice resolved by a small Nov. 20.
"" C. Journals, Nov. 6, 8, 11. State Trials, vi. 330. Claren-
don, 415—8, 450. Life of James, i. 431. Pepys, iii. 410, 411, 420.
IS: HISTOltY OF ENGLAND.
CHAT, majority, that the accused should not be com-
leJy, mitted, because no specific charge was contained
in the impeachment uo.
Charles The commons resented this decision of the
him to lords : conferences were repeatedly held, and each
kingdom nouse pertinaciously adhered to its former opinion.
The king's perplexity daily increased. He ob-
served that the proceedings began to take the same
course as in the impeachment of the earl of Straf-
ford ; and the calamities which followed the con-
demnation of that nobleman stared him in the
face. He proposed, as an expedient, that the earl
should clandestinely leave the kingdom : but no
argument, no entreaty, could pervail on Clarendon
to take a step which he deemed derogatory from
his character ; and the monarch, irritated by his
obstinacy, began to speak of him in terms of aver-
sion. His enemies now ventured to make use of
the royal name. It was rumoured that the king
had also offences to punish ; that Clarendon had
presumed to thwart him in his amour with the
beautiful Miss Stewart, and had persuaded her to
Nov. lc. marry the duke of Richmond. The earl, in a
letter which he sent by the lord keeper, denied this
charge : the king read it, burnt it deliberately in
the flame of a candle, and coolly replied, that he
110 Clar. 450. L. Joum. 135 — 7. Pepys, iii. 415. Clarendon^
in a letter to Ormond, says, " I must not omit to tell you that the
" duke of York hath been and is as gracious to me, and as much
" concerned for me, as is possible. I have not many other friends
" to brag of." Carte, ii. App. 38.
CHARLES II. 183
was unable to understand its contents, but won- CHAP,
dered what Clarendon was doing in England m. l66'7t
This hint, however, was lost on the determined
mind of the fallen minister. It was followed by
an unavowed message delivered by the bishop of
Hereford ; the same advice was then urged by the
French ambassador, and, when every other ex-
pedient had failed, the duke of York, by express
command, carried to him a royal order to retire to
the continent. He reluctantly obeyed ; and hav- Nov. 29.
ing addressed a vindication of himself to the house
of lords, secretly withdrew to France n2. TT .
J He is
His departure put an end to the quarrel between banished
the two houses m, but did not satisfy the resent- pariia-
merit.
1,1 Clarendon, 4.54— 6. Life of James, i. 432. L. Journ. 154.
That Charles was offended with the marriage, is certain. Clar.
453. If we may believe Stewart herself, she wished to marry to
relieve herself from his importunities, and therefore accepted the
offer of the duke of Richmond with the king's acquiescence.
lVpys, iii. 203. But the report was that Charles thought of her
for his own wife, that he consulted Sheldon, archbishop of Canter-
bury, on the means of procuring a divorce, that Sheldon revealed
the secret to Clarendon, and that Clarendon, to secure the suc-
cession to his daughter's issue, brought about the marriage of
Stewart with the duke of Richmond. Burnet, i. 436. Lord Dart-
mouth's Note, 438. Pepys, iii. 293. It makes against this story,
that, when a divorce was suggested afterwards to Charles, he
replied that his conscience would not permit it. Life of James,
i. 439.
112 It is certain that the duke took the order to Clarendon ; yet
lord Cornbury says, that his father withdrew, because it was in-
tended to dissolve the parliament, and try him by a jury of peers.
Carte, ii. App. 39.
"s The commons, however, entered two resolutions on their
journals, that in such cases the accused ought to be secured, and
184 HISTORY OF ENGLAND.
CHAP, merit or the apprehensions of his enemies. His
16(J'7. vindication was voted a scandalous and seditious
libel, and ordered to be burnt by the hands of the
common hangman. In a few days followed an
Dec. 29. act banishing him for life, disabling him from
holding office, subjecting him to the penalties of
high treason, if he returned to England, and ren-
dering him incapable of pardon unless by act of
parliament ua.
Notwithstanding this severity, it is certain
that he fell a victim to the hostility of party.
The charges against him were not supported
by any lawful proof, and most, if not all, were
satisfactorily refuted in his answer m. Yet he
must not be considered an immaculate character.
His dread of republicanism taught him to advocate
every claim of the prerogative, however unreason-
able, and his zeal for orthodoxy led him to perse-
cute all who dissented from the establishment.
He was haughty and overbearing ; his writings
betray in many instances his contempt for vera-
city : and his desire of amassing wealth provoked
Evelyn to remark of him, that " the lord chan-
" cellor never did, nor would do, any thing but
"for money115". He bore with impatience the
that, when he is in custody, the lords may limit a time within
which the particular charge may be specified. C. Journ. De-
cember, 5.
"> L. Journ. 151, 157, 162, 7, 9. St. 19, Car. ii.c. 10.
"4 Clarendon, 478.
5 Sec Historical I mjuiry respecting the character of Clarendon,
by the Hon. George Agar Ellis, 1827.
II.
1667.
CHARLES II. 185
tedium of exile ; but his frequent solicitations for CHAP,
permission to return were treated with neglect by-
Charles, who felt no inclination to engage in a
new contest for the sake of a man, whom he had
long before ceased to esteem. Clarendon died at
Rouen in Normandy, in 1674.
1S6 JIISTORV OF ENGLAND.
CHAP. III.
CHARLES II.
THE TRIPLE ALLIANCE SECRET NEGOTIATION WITH FRANCE
CONVERSION OF THE DUKE OF YORK INTRIGUES TO ALTER
THE SUCCESSION — DIVORCE OF LORD ROOS VISIT OF THE
DUCHESS OF ORLEANS — SECRET TREATY WITH FRANCE
DEATH OF THE DUCHESS SECOND SECRET TREATY MIS-
CELLANEOUS EVENTS CHARACTER OF THE CABAL STOP-
PAGE OF PAYMENTS FROM THE EXCHEQUER DECLARATION
OF INDULGENCE OF WAR AGAINST THE STATES VICTORY
AT SOUTHWOLD BAY FRENCH CONQUESTS BY LAND PRO-
CEEDINGS IN PARLIAMENT THE INDULGENCE RE-CALLED
THE TEST ACT PASSED.
CHAP. HY the exile of Clarendon the ministry, which
in.
l668_ had been established at the restoration, was en-
tirely dissolved. The duke of Ormond resided
ministry! m ms government of Ireland, Southampton was
dead, Albemarle incapacitated by age and infirmi-
ty, and Nicholas had resigned. The new cabinet,
or, as it was called in the language of the time,
" the king's cabal 1 ", consisted of the duke of
1 Pepys, iv. 243. The word "cabal" at this period meant a
secret council. Sec the Diaries of Pepys and Evelyn, and White-
luck, (p. 47?) as early as the year 1650. By D'Estrades the
CHARLES II. 187
Buckingham, who held no ostensible office till he chap.
T T T
purchased that of master of the horse from 166S"
Monk, of sir Henry Bennet, now lord Arlington,
principal secretary of state, of the lord keeper
Bridgman, and of sir William Coventry, one of
the commissioners of the treasury 2. Of these,
Coventry, by his superior information and abili-
ties excited the jealousy of his colleagues ; but
unfortunately possessed not the art of pleasing
the king, who, from his habit of j>redicting evil,
gave him the name of " the visionary ". Buck-
ingham and Arlington were bitter enemies at
heart ; though the necessity of their situation
made them apparent friends. Bridgman was
consulted for convenience. Hitherto he had ac-
quired no particular claim to the favour of the
monarch, or the confidence of the people.
The rapid conquests of the French king in The triple
Flanders during the last summer, had drawn the a iance*
eyes of Europe towards the seat of war in that
country. The pope, Clement IX. through pity
for the young king of Spain, and the States,
alarmed at the approach of the French arms to
present ministers are called " la caballe d'Espagne". D'Estrades,
v. 39. The whole council was divided into three committees ;
one for foreign affairs, the real cabal ; another for military and
naval affairs ; a third for trade ; and a fourth for the redress of
grievances. Jan. 31.
Q Southampton, the lord treasurer, died May 16th, 1667, and
June 1st the treasury was put into commission. The commis-
sioners were, the duke of Albemarle, lord Ashley, sir Thomas
Clifford, sir William Coventry, and sir John Duncombe.
188 HISTORY OF ENGLAND.
CHAP, their frontier, offered their mediation. To both
A11; Louis returned the same answer, that he sought
nothing more than to vindicate the rights of his
wife : that he should be content to retain posses-
sion of the conquests which he had already made,
or to exchange them either for Luxembourg, or
Franche-comte, with the addition of Aire, St.
Omer, Douai, Cambrai, and Charleroi, to
strengthen his northern frontier ; and that he
was willing to consent to an armistice for three
months, that the Spanish government might have
leisure to make its election between these alterna-
1668. tives. But Spain was not sufficiently humbled to
Jan. 17. submit to so flagrant an injustice ; the time was
sullenly suffered to pass by, and the mediators
renewed their instances to obtain from Louis a
prolongation of the armistice for the additional
space of three months. He consented to abide
by his former offer during that term ; but refus-
ing the armistice, overran in the mean time the
whole province of Franche-comte, for the sole
purpose, as he pretended, of compelling Spain
to come to a decision 3.
Temple if jt was tne interest of England, it was still
sent to the °
Hague, more the interest of the States, to exclude France
from the possession of Flanders. Under this per-
suasion, the new ministers had despatched sir
William Temple to the Hague, with a proposal
3 (Euvres dc Louis XIV. ii. 326, 334, 344—55 ; v. 419.
1C67.
Dec. 22.
CHARLES II. 189
that both nations should unite with Spain, and CHAP.
in
compel the French monarch to retire within the 166g.
former limits of his kingdom. The States were
embarrassed. On the one hand, they considered an' '
the interposition of the Spanish Netherlands as
the great bulwark of their independence against
the superior power of France : on the other, they
hesitated to engage in a dangerous war against an
ancient friend and ally at the advice of a prince
whom they knew to be their personal enemy. But
Temple acted with promptitude and address ; he
appealed to their fears ; he represented the danger
of delay, and, contrary to all precedent at the
Hague, in the short space of five days he nego- Jan. 13.
tiated three treaties, by which, if he did not suc-
ceed to the full extent of his instructions, he
trusted to oppose at least an effectual barrier to
the further progress of the invaders. The first
was a defensive league by which the two nations
bound themselves to aid each other against any
aggressor with a fleet of forty men of war, and
an army of six thousand four hundred men, or
with assistance in money in proportion to the de-
ficiency in men : by the second, the contracting
powers agreed by every means in their power to
dispose France to conclude a peace with Spain on
the alternative already offered, to persuade Spain
to accept one part of that alternative before the
end of May, and, in case of a refusal, to compel
her by war, on condition that France should not
III.
1(J()S.
I."" HISTORY OF ENGLAND.
CHAP, interfere by force of arms4. These treaties were
meant for the public eye : the third was secret,
and bound both England and the States, in case
of the refusal of Louis, to unite with Spain in
the war, and not to lay down their arms, till the
peace of the Pyrenees were confirmed. In a few
days, Sweden acceded to the league, which from
that circumstance obtained the name of the triple
alliance 5.
Louis received the news of this transaction with
an air of haughty indifference. His favourite
commanders, Conde and Turenne, exhorted him
to bid defiance to the interference of the three
powers : his cabinet ministers to be content with
the alternative which he had himself proposed.
4 Temple, Works, i. 415. After all, this was little ,more than
the States had already proposed to Louis, as appears from a letter
from him, dated Jan. 17, hefore he had heard of these treaties.
Ca seroit un coup pour la paix, qui la rendroit infallible et prompte,
si le roi de la Grande Bretagne entroit dans le meme sentiment des
etats-gene'raux, d'obliger les Espagnols a l'acceptation des deux
alternatives. (Euvres, v. 421. Si la facon en eut ete un peu plus
obligeante, il n'y auroit en rien a desirer. Temple, i. 490.
5 Temple's Works, i. 312 — 84. Dumont, vii. 66, 68. Much
praise has been lavished on this negotiation, as if it had arrested
Louis in his career of victory, and preserved the independence of
Europe. From the references in the preceding and following notes,
it will be seen that it accomplished nothing more than the French
king himself was anxious to effect. He had already stipulated in the
" eventual treaty" with the emperor, to require from Spain the same
conditions as were now prescribed by England and the States ; he
had employed the influence of Leopold to obtain the consent of
the Spanish cabinet to those conditions, and he had commissioned
D'Estrades to solicit the co-operation of England and the States,
both by advice and threats, to extort that consent.
CHARLES II. 191
He assented to their advice ; but for a reason, of C II ai\
which they were ignorant. In consequence of the 1Gys
infirm state of the young king of Spain, he had — ■
secretly concluded with the emperor Leopold an
" eventual " treaty of partition of the Spanish
monarchy on the expected death of Charles, and
by that treaty had already bound himself to do Jan. 9.
the very thing, which it was the object of the al-
lied powers to effect 6.
The marquess of Castel-Rodrigo, the Spanish Treaty of
governor of the Netherlands, sought delay, under chapefle.
the vain hope of inducing the Dutch (of England
he was secure) to engage at once in the war. But
the intervention of the emperor, in consequence
of the eventual treaty, put an end to the hesita-
tion of the Spanish cabinet ; the ambassadors of
the several powers met at Aix-la-Chapelle ; Spain April 22.
made her choice ; the conquered towns in Flan-
ders were ceded to Louis, and peace was re-esta-
blished between the two crowns7. The conduct of
Charles during the whole of this transaction
served to raise him in the estimation of E urope.
But the States could ill dissemble their disap-
pointment. They never doubted that Spain, with
the choice in her hands, would preserve Flanders,
and part with Franche-comte. It was this per-
suasion that induced them to refuse the first pro-
' CEuvres dc Louis, ii. 360 — 72. See the account of the "even-
" tual treaty ", which was kept secret for almost a century, in
the works of Louis, vi. 402.
7 Temple, 420 -56. D'Estrades, v. 351. Dumont, vii. 89, 91.
Louis, vi. 417.
192
HISTORY OF ENGLAND.
CHAP.
III.
1668.
Proceed-
ings in
parlia-
ment.
Feb. 10.
Jan. 16.
ject of the English ministry, and to prefer the
binding of Louis to his offer of the alternative.
The result was owing, it is said, to the resent-
ment of Castel-Rodrigo, who, finding that the
States would not join with England to confine
France within its ancient limits, resolved to punish
them by making a cession, which brought the
French frontier to the very neighbourhood of the
Dutch territory 8.
When the parliament assembled after the ad-
journment, Buckingham discovered that his suc-
cess against Clarendon in the last session had pro-
ceeded, not from his own influence, but the unpo-
pularity of that statesman. His immediate de-
pendents in the lower house were heard without
attention ; and the jealousy of the churchmen had
been awakened by his close connexion with the
presbyterians, that of the cavaliers by his dis-
charge of the republicans, whom the late admi-
nistration had incarcerated as a measure of pre-
caution. Neither did it add to the reputation of
the prime minister that his profligacy had led him,
for the sake of lady Shrewsbury, with whom he
lived in open adultery, to fight a duel, in which
one of his seconds was killed on the spot, and the
earl of Shrewsbury, the injured husband, was
mortally wounded 9. The commons began by in-
8 Temple, 414—7.
9 Pepys, iv. 15. Lady Shrewsbury was daughter to the earl of
Cardigan. Report said that, in the dress of a page, she held the
duke's horse while lie was fighting with her husband. — When
CHARLES II. 193
stituting a rigid inquiry into the conduct of per- c**Ar.
sons employed under the former administration. 1668.
Prince Rupert and the duke of Albemarle had —
already furnished narratives of their proceedings
during the war : commissioner Pett was impeached
of culpable neglect in the care of his majesty's
ships when the Dutch entered the river ; Penn of
the embezzlement of prize goods to the value of
115,000/. ; and Brunkhard, who had absconded,
was expelled the house for his presumption in
having ordered sail to be slackened during the
pursuit after the victory of the 3d of June, 166.5.
To these proceedings Buckingham had no objec-
tion ; but, to his surprise, the commons voted
only one half of the sum which he demanded un-
der the head of naval expenses, and obstinately
resisted all his efforts to obtain some favour for
the dissenters, in accordance with the wish of the
sovereign. The conventicle act would expire within
six months ; and Charles, who still felt himself
bound by the declaration of Breda, was anxious
to prevent its renewal. Aware of the rock on
which his former endeavours had split, he was care-
ful to make no mention of the catholics : he con-
fined his request of indulgence to the dissenters
among his protestant subjects ; but the very report
Buckingham took her to his own house, the duchess ohserved to
him, that it was not for her and his mistress to live together ; he
replied — " Why so I have been thinking, madam, and therefore
" have ordered your coach to carry you to your father's ". Penys,
109.
vol. xii. O
I J) t HISTORY OF ENGLAND.
CHAP, of his intention had awakened the usual cry that
1668. tne cllurt"h was m danger : on the morning, just
before he expressed his wish to the two houses,
the commons voted an address to him, to put in
execution all the laws against non-conformists and
papists ; and afterwards, a bill was passed and
sent to the lords, having for its object to continue
the existing penalties against the frequenters of
conventicles. This, however, did not prevent the
friends of toleration from proposing, in conformity
with the royal suggestion, measures for the com-
prehension of protestant dissenters ; but the mo-
April 28, tion,after several adjourned debates, was negatived,
on a division, by a majority of more than two to
10
one .
Dispute The remaining business in parliament was now
bet ween
the interrupted by a most violent quarrel between the
houses. £WO j10USegj on a question of privilege. Several
years had passed since Skinner, a private trader,
preferred to the king in council a complaint of
divers injuries which he alleged that he had
suffered from the agents of the East-India com-
1666. pany. After several hearings, the council com-
missioned the archbishop of Canterbury, the
chancellor, and two other lords, to effect a compro-
mise between the parties ; but the company re-
Dec. 6. fused to abide by their decision, and the king was
advised to recommend the case to the attention of
!° Pepys, iv. 3i. C. Journals, Ap. 28. Pari. Hist. iv. 413-
122.
CHARLES II. l95
the house of lords, as the supreme court of judi- chap.
• ii i
cature in the nation. But the opponents of 1C6g
Skinner objected to the jurisdiction of the lords.
The cause, it was maintained, did not come before , , '
Jan. 19.
them by way of appeal, or bill of review, or writ Jan g8>
of error. It was an original complaint, which
must be first heard in the ordinary courts of law.
In the following session, Skinner petitioned the Oct. 30.
lords for redress ; the company renewed their ob- Nov. c.
jection ; but the house pronounced the complain-
ant entitled to damages, and appointed a committee March 16#
to assess the amount. After the adjournment,
the company petitioned the house of commons for
protection against the usurpation of the lords.
By the upper house this petition was voted a
scandalous libel : the lower not only received it,
but passed resolutions censuring the conduct of May 2.
the lords as contrary to law, and derogatory from
the rights of the subject. They were met with
opposite resolutions from the upper house, de-
claring: the votes of the commons a breach of
privilege, and the proceedings of the lords war-
ranted both by law and precedent. Thus open
war was declared ; each house obstinately main-
tained its own pretensions ; the lords resolved to
pass no other bill than that of the supply ; and
the commons rejected a bill which had been sent May 1.
to them for the regulation of the trials of peers.
By the king, the ninth of May had been fixed for
the conclusion of the session. Early in the May 9-
morning the commons sent a message to the lords,
o 2
IJH> HISTORY OF ENGLAND.
chap, proposing a suspension of all proceedings in the
i~h cause till the next meeting of parliament, and
having received no answer, resolved that who-
soever should put in execution the orders or sen-
tence of the house of lords in the case of Thomas
Skinner, should be deemed a traitor to the liberties
of Englishmen, and an infringer of the privileges
of the house of commons. The king, having
given the royal assent to the bills which were
prepared, ordered the two houses to adjourn, and
expressed a hope that, before he should meet them
again, some expedient might be discovered for the
accommodation of this difference. The commons
obeyed : the lords continued to sit, called before
them sir Samuel Barnardiston, the governor of
the company, and committed him to the custody
of the black rod, till he should have paid to the
king a fine of 300/. Having thus vindicated their
authority, they also adjourned n.
Licen- At the restoration of peace, trade quickly re-
atcourt!8 turned into its ancient channels ; the murmurs of
discontent were gradually hushed ; and the ex-
piration of the conventicle act afforded relief and
satisfaction to the dissenters. The present proved
" St. Trials, vi. 710—63. L. Journ. xii. 420, 7. Pari. Hist. iv.
422. Marvcll, 109. On the 8th of May the commons sate on this
question from dinner time till five the next morning. Marvell,
i. 107. Pepys, iv. 103. Barnardiston remained in custody till
the night of Aug. 10, the day before the expiration of the adjourn-
ment. By whose authority he was discharged, he did not know.
Pari. Hist. iv. 431.
CHARLES II. }97
the most tranquil period of the king's reign, but CHAP,
it was disgraced by the extravagance and licen- 166g.
tiousness of the higher classes. The gallants of
the court shocked the more sober of the citizens by
their open contempt of the decencies of life 12,
while Charles laughed at their follies, and coun-
tenanced them by his example. At the same time
that he renewed his visits and attentions to the
duchess of Richmond, he robbed the theatres of
two celebrated actresses, known to the public by
the dignified appellations of Moll Davies aiui Nell
Gwiu. Davies had attained eminence as a dancer
— Gwin attracted admiration in the character and
dress of a boy. The former received a splendid es-
tablishment in Suffolk-street, and bore the king a
daughter, afterwards married into the noble family
of the Radclyffes. The latter became the mother
of the first duke of St. Albans. Charles never
allowed her to interfere in matters of state ; but
he appointed her of the bed-chamber to the queen,
and assigned her lodgings in the neighbourhood of
the court. She was so wild, and witty, and ec-
centric, that he found in her company a perpetual
source of amusement, a welcome relief from the
cares that weighed so heavily upon him at times,
in the subsequent years of his reign. Habit, how-
ever, still preserved to Castlemain the empire
which she had formerly acquired. She sup-
12 See Pepys, iv. 1 1G, 118, 14.5. Sir Charles Sedley and lord
Buckhurst distinguished themselves above others. Ibid. 185,
fi, 7.
198 HISTORY OF ENGLAND.
CHAT, pressed all appearances of jealousy, and sought
166g her revenge by allowing herself the same liberties
in which her paramour indulged 13.
Intrigues While Charles pursued his pleasures, Buck-
taeham." Wgham sought to consolidate his own power.
By degrees he weeded all of whose fidelity he
was suspicious, out of the different departments
of the administration. Secretary Morrice was
exchanged for sir John Trevor ; the duke of
Ormond, after a long struggle, surrendered the
government of Ireland to the lord Robartes ; and
Coventry himself was provoked to furnish a decent
pretext for his dismissal. Buckingham had pro-
cured a farce to be written for the purpose of
ridiculing him on the stage. Coventry sent the
duke a challenge ; the matter was laid before the
king in council ; and the challenger was sent to
the Tower, and deprived of office. But the prin-
cipal person, against whom he directed his attacks,
was the duke of York. He was aware of the
contempt which that prince expressed for his cha-
racter, and of the influence exercised by the
duchess, Clarendon's daughter, over the mind of
her husband. James received repeated affronts in
the name of the king, which he bore without
'3 Pepys, iv. 10, 14, 90, 111, 223, 250. Evelyn, ii. 339.
Bui net, i. 457. Sandford, 652, 4. About this time, May 11, a
meteor was seen, and the ignorance and bigotry of the people
are amusingly described by Pepys on the occasion. " The world
" do make much discourse of it, their apprehensions being mighty
" full of the rest of the city to be burned, and the papists to cut
u our throats", iv. 1 12.
CHARLES II. l99
complaint. The conduct of the admiralty was CHAP,
blamed ; his friends were displaced ; and the de- i668.
pendants of his adversary were introduced into •
his office in defiance of his remonstrances. It was
rumoured that he had lost the royal confidence,
and would soon be deprived of his place of lord
high admiral. But Charles was recalled to a
sense of the protection which he owed his brother,
by the boldness of an old cavalier, sir William
Armourer, who told him publicly of the reports
in circulation respecting his jealousy of the duke
of York. He instantly replied, that they were
false ; and when Buckingham, under pretence of
fear for his life from the resentment of James,
affected to travel surrounded by armed men, the
king laughed in his face at the utter folly of the
insinuation. The minister began to feel alarm :
he turned to solicit a reconciliation with the duke,
and received a contemptuous refusal 14.
Buckingham, however, might depend on the Financial
royal favour as long as he could supply the king
with money. That nothing was to be obtained
from the liberality of the parliament, had been
proved by the proceedings in the last session ; and
an attempt was therefore made to reduce the
■« Life of James, 432 — 40. Macph. Pap. i. 41, 3, 5, 7, 50.
Pepys, iv. 151, 5, 8, 188, 191, 2, 5, 246, 9, 255, 7, 262- The re-
ports mentioned by Pepys are confirmed by the duke of Ormond :
" Arlington told me that I joined too much in my counsels and
"conversation with men unsatisfied : and (which I wondered
"at) he named the duke and the archbishop of Canterbury ".
Carte, ii. App. »>7.
measure.
200 HISTORY Or ENGLAND.
( HAP. annual expenditure below the amount of the
ill
i6t>8. royal income. On examination, it was found
■ that the yearly receipts did not exceed 1,030,000/. ;
by a new regulation, three-fourths of this sum
July 22. were allotted to defray the exjjenses of the civil
list, and of the remaining fourth, 100,000/. was
appropriated to discharge the interest of the
public debt, the remainder to cover accidental de-
ficiencies, and to pay, as far as it would go, the
several pensions granted by the king 15.
Secret tie- But this plan of economy accorded not with the
with royal disposition, nor did it offer any prospect of
trance, extinguishing the debt. Charles remembered the
promise of pecuniary assistance from France in
the beginning of his reign ; and though his previ-
ous efforts to cultivate the friendship of Louis had
been defeated by an unpropitious course of events,
he resolved to renew the experiment. Immediately
after the peace of Aix-la-Chapelle, Buckingham
opened a negotiation with the duchess of Orleans,
the king's sister in France, and Charles, in his
conversation with the French resident, apologized
May n. f°r his conduct in forming the triple alliance, and
openly expressed his wish to enter into a closer
union, a more intimate friendship, with Louis.
These overtures Avere at first received with cold-
ness and reserve, which, instead of checking,
seemed to stimulate the ardour of the king. There
was one point in which both monarchs most cor-
'* Sec it at length in Ralph, i. 17j.
CHARLES II. 201
dially agreed, their hatred of the Dutch. Charles CHAP.
. ill
could not forget their inhospitality during the 16(i^
time of his exile ; the unsuccessful termination of
the late war had strengthened his dislike ; and he
ardently wished for the opportunity of gratifying
his revenge. On the other hand, the pride of
Louis had often been offended by the pride of these
republicans ; and their presumption in acceding to
the secret articles in the triple alliance was deemed
by him the strongest proof of their ingratitude.
About the end of the year the communications
between the two princes became more open and
confidential ; French money, or the promise of
French money, was received by the English minis-
ters ; the negotiation began to assume a more
regular form, and the most solemn assurances of
secrecy were given, that their real object might be
withheld from the knowledge, or even the suspi-
cion, of the States 16.
In this stage of the proceedings Charles received Duke of
an important communication from his brother COmes a
catholic.
"' See the papers in Dairy tuple, ii. 4 — 21. They are all pub-
lished as referring to the same subject. But this is a mistake.
The letters of Feb. 27, 1669, in p. 4, and of Jan. 19, 1669, in p. 19,
ought to be dated in 1665, and that of Feb. 9, 1669, in p. 21, in
the year 1666. This is evident from their contents. Also Mac-
pherson, i. 56. The secret, however, was not kept. For the sole
information of the king of Sweden, Puffendorf, his agent, was
permitted by Turenne to read a letter from Colbert, the ambas-
sador in England, who boasted of his success, adding that he had
made some of the leading ministers to feel, sentir tout l'etendue
de la liberality de 8a majeste*. This Puficndorf communicated to
de Witt. Temple, ii. 40.
IOCS.
203 HISTORY OF ENGLAND.
, 1 1 xv. James. Hitherto that prince had been an obedient
}}k and zealous son of the church of England ; but
Dr. Heylin's History of the Reformation had
shaken his religious credulity, and the result of
the inquiry was a conviction that it became his
duty to reconcile himself with the church of Rome.
He was not blind to the dangers to which such a
change would expose him ; and he therefore pur-
posed to continue outwardly in communion with
the established church, while he attended at the
catholic service in private. But, to his surprise,
lie learned from Symonds, a Jesuit missionary, that
no dispensation could authorize such duplicity of
conduct: a similar answer was returned to the
same question from the pope, and James imme-
diately took his resolution. He communicated to
the king in private that he was determined to
embrace the catholic faith ; and Charles, without
hesitation, replied, that he was of the same mind,
and would consult with the duke on the subject in
the presence of lord Arundel, lord Arlington, and
Arlington's confidential friend, sir Thomas Clif-
ford. Of these three, the first was a known
catholic ; the other two had hitherto professed
themselves protestants ; but more for fashion's
sake, than through any real attachment to the re-
formed creed. They, like most others in the
higher circles of society at that period, had, in the
language of James, " their religion still to choose ".
Secret The meeting was held in the duke's closet.
tion< Charles, with tears in his eyes, lamented the hard-
CHA11LES II. 203
ship of being* compelled to profess a religion which CHAP.
II T
he did not approve, declared his determination to 166g
emancipate himself from this restraint, and re
quested the opinion of those present, as to the 2o'
most eligible means of effecting his purpose with
safety and success. They advised him to com-
municate his intention to Louis, and to solicit the
powerful aid of that monarch 17.
Here occurs a very interesting question, — was
Charles sincere or not ? That of the two churches
he preferred the more ancient, there can be no
doubt. Both the duke of Ormond and Daniel
O'Nial had seen reason to suspect him of a secret
leaning towards the catholic worship about the
time of the conferences at the Pyrenees ; and he
had recently avowed the same to Arlington and
Clifford !s. But the king's religious belief was
of his own creation. To tranquillize his con-
science, he had persuaded himself that his immo-
ralities were but trifling deviations from rectitude,
which a God of infinite mercy would never visit
with severity ; and, as for speculative doctrines,
the witty and profligate monarch was not the man
" James, i. 440. Dalrymple, ii. 22. Macpher. i. 50, 52. See
also the travels of Cosmo for the orthodoxy of James, 456.
18 Carte's Ormond, ii. 254. James, i. 411. That lie was a
staunch protestant in 1658 is evident from the papers in Thurloe,
i. 740 — 5; but in 1669, the author of Cosmo's Travels remarks,
that chough he " observes with exact attention the religious rites
" of the church of England, there is reason to believe that he does
" not entirely acquiesce, and that he may perhaps cherish other
" inclinations ". 456.
204 HISTORY OF ENGLAND.
CHAP, to sacrifice his ease and to endanger his crown for
}}}• the sake of a favourite creed. He was the most
accomplished dissembler in his dominions ; nor
will it be any injustice to his character to suspect,
that his real object was to deceive both his brother
and the king of France. In his next letter to his
sister Henrietta, he informs her that the duke had
been brought into " the business on the score of
religion", and he openly told her at Dover, that
" he was not so well satisfied with the catholic
religion, or his own condition, as to make it his
faith"18.
Progress Now, however, the secret negotiation proceeded
of the ne- ^ ffreater activity ; and lord Arundel, accom-
gociation. & J
panied by sir Richard Bellings 19, hastened to the
French court. He solicited from Louis the pre-
sent of a considerable sum, to enable the king to
suppress any insurrection which might be pro-
voked by his intended conversion, and offered
the co-operation of England in the projected inva-
sion of Holland, on the condition of an annual
subsidy during the continuation of hostilities. To
these proposals no direct objection was made ;
and the discussion turned chiefly on one point,
whether the declaration of the king's catholicity
should precede or follow the declaration of war.
* '
'8 Dalrymple, i. 226 ; ii. 22.
'9 Bellings had been secretary to the catholic confederacy in
1 reland, and since the restoration had been confidentially employed
by Clarendon in several foreign negotiations. On this occasion he
was instructed to draw the articles of the treaty. .James, i. 442.
CHARLES II. 205
James, with all the fervour of a proselyte, urged chap.
his brother to publish his conversion without de- l66g
lay. War, by creating a want of money, would
render him dependent on the bounty of parlia-
ment ; but now he was his own master ; the army
was loyal ; all the governors of garrisons were
attached to his person : the sufferings of the non-
conformists from the intolerance of the established
church would teach them to look on any change
as a benefit ; and within the pale of the establish-
ment itself there were numbers, who had no set-
tled notions of religion, but were ready to fashion
their creed by their convenience.
Louis, on the contrary, represented to the king,
that a premature declaration might endanger his
crown and his person ; that nine-tenths of his
subjects were hostile to the catholic faith ; that
religious discord acted with the fury and the rapid-
ity of a volcano ; that insurrection was to be ex-
pected in the capital and in every part of his
dominions, and that his army was too small, his
friends were too few, to countenance the hope of
his being able to suppress his opponents. Charles
made but a faint endeavour to refute this reasoning.
The attempt, he acknowledged, wore the appear-
ance of madness, yet there were reasons to think
that it might succeed. In these discussions the
year passed away. At Christmas the king pub-
licly received the sacrament ; the absence of James,
who had been accustomed to accompany his bro-
<206 IIISTOllY OF ENGLAND.
c hap. ther, though it did not escape notice, awakened
111. • • 20
1670 no suspicion -' .
After repeated adjournments, the parliament
Meeting ])a(] jjeen suffereil to meet in October. The com-
of parlia- T-11
ment. mons immediately revived the quarrel with the
Oct. 19. iorcjs respecting the case of Skinner. They ordered
the printer of " The Grand Question concerning
" the Judicature of the House of Lords " to be
prosecuted, voted that Barnardiston had behaved
like a good commoner of England, and passed a
bill, vacating the judgment pronounced against
him, as contrary to law and the privileges
of parliament. It was immediately rejected by
the lords, who, on their part, passed a bill
in vindication of their jurisdiction, which met
with a similar fate in the commons. For some
time no farther communication took place between
the two houses, and the king, to prevent a more
violent rupture, put an end to the session by ad-
Dec. 11. journment. The interval was spent by him in
earnest endeavours to heal this misunderstanding ;
and, when they met again, he recommended to
both to erase all the proceedings out of the jour-
nals, and to abstain from the renewal of the ques-
1670. tion. They consented : in appearance each house
Feb. li. was replaced in the same situation in which it
1 )- 22' stood before the quarrel : in reality the victory
was gained by the commons. By the erasures,
' Dalrymple, ii. 30 — 37. Life of James, i. 442. Macpher.
i. .50.
chari.es ir. 207
the two judgments of the lords were vacated, and CHAP.
from that moment their claim to original jurisdic- 1670\
tion in civil causes has been silently abandoned21. ■
The public business now occupied the attention New con-
vtnticlc
of parliament. 1°. The expiration of the conven- act.
tide act had raised the hopes of the dissenters, and
the lord-keeper and chief justice Hales had been
employed to draw an act of comprehension, by
which the greater part of them might be incor-
porated with the establishment. On the one side,
Wilkins, bishop of Chester, with Tillotson, Stil-
lingfleet, and Burton ; on the other, Bates, Man-
ton, and Baxter, were consulted ; and, to remove
the chief stumbling-block, the controversy respect-
ing the validity of presbyterian ordination, it was
ingeniously proposed that the bishop in the form
of re- ordination should make use of the words,
" to serve as minister in any parish in England."
But the agitation of the project threw the king-
dom into a ferment. Parker and Patrick distin-
guished themselves by the warmth of their writ-
ings in support of orthodoxy, and Owen by his
learning, Marvell by his wit, ranked at the head
of their opponents. One party contended that, to
concede at all was to betray the cause of the church;
the other, that a comprehension of the dissenters
offered the only sure expedient to check the diffu-
sion of socinianism and popery. The house of
•'' L. Jourh.xii. 287, 291. Com. Jourri. Feb. 22. Pari. Ilist.
iv. 1,31. St. Trials. vi. 763—70.
208 HISTORY OF ENGLAND.
C II A P. commons did not degenerate from the zeal which it
16?0 had displayed on so many former occasions. A
bill for the suppression of conventicles was sent to
the house of lords : it met with strong opposition
from the duke of York and his friends, as well as
from the presbyterian peers ; but Charles, though
he had promised his protection to the non-confor-
mists, deemed it prudent to interfere, and by his
solicitations this intolerant bill was suffered to
April n. pass. By it certain fines were enacted against all
persons above sixteen years of age who should
attend, and all ministers who should officiate, at
any religious service different from that of the
church of England, against the occupiers of the
houses in which meetings for that purpose should
be held, and against the magistrates who should
neglect to enforce the provisions of the law 22.
Sufferings This act subjected the dissenters to a portion of
non-con- those severities, which had been so frequently in-
formists. flicted on the catholics. Spies and informers mul-
tiplied : the ministers found it necessary to
abscond ; houses were entered by force, and
searched without ceremony ; and the inmates were
dragged to prison, and condemned to pay fines.
That ease, of which the king was so fond, suffered
repeated interruptions from complaints and appeals
to his justice. When the non-conformists re-
minded him of his promise of indulgence, lie
22 St. Qo. Car. ii. c. i. Burnet, 449—51.
CHARLES IX. 209
acknowledged the hardship of their case, and CHAP,
checked the vigilance of the officers : when the lG7^
magistrates remonstrated, that these religious
meetings were hot-beds of sedition, he asked, why-
then did they not execute the law ? and to the
clergy who complained of the prevalence of sec-
tarianism, he sarcastically replied, that it would
never have been the case, had they paid less atten-
tion to their dues and more to their duties. Among
the sufferers none excited more admiration than
the quakers, by their fearless adhesion to their
principles. Disdaining the precautions taken by
the other religionists, they proceeded, at the usual
hour, openly but peaceably to their meeting house,
and, being carried before the magistrates, refused
to pay the fines, and were committed to prison.
On their release, they returned to the place of
meeting as if nothing had happened : the doors
were closed ; they assembled in the street ; and
Penn and Mead successively preached. But the
auditory was soon dispersed ; and the preachers
were indicted before the lord mayor and recorder,
on the charge of having created a riot. During
the trial, the firm and temperate behaviour of the
prisoners formed a striking contrast with the
harsh and violent proceedings of the court. The
jurors, having after a confinement of thirty-six
hours, returned a verdict of not guilty, were fined
forty marks each, and committed to prison ; and
Penn and Mead, though acquitted, suffered the
voi,. XII. P
210 HISTOllY OK ENGLAND.
(HAT. same punishment for contempt, in refusing to un-
1670. cover their heads in presence of the court <i3.
2°. The mind of Buckingham was still haunted
tngues ^j^ tjie appfeherisions of revenge on the part of
to alter
the sue- the late chancellor's family, if James were ever to
succeed to the crown. The reader will remember
that a boy of the name of Crofts, the reputed son
of the king by Lucy Barlow, had been placed for
education at the Oratory in Paris. Soon after
the restoration he came to England ; Charles or-
dered him to conform to the established church,
created him, by the advice of Bristol and Castle-
main, but in opposition to the remonstrances of
Feb. 14. the queen mother and Clarendon, duke of Mon-
mouth, and gave to him in marriage the countess
of Buccleugh, the most wealthy heiress in Scot-
In favour land 24. Buckingham, observing the unbounded
mouth" an°ection of the king for this young man, resolved
to set him up as a competitor for the crown in
opposition to the duke of York. It was confi-
dentially whispered at court that Charles intended
to own him for his successor, and the earl of
*3 Burnet, i. 471. Neal. c. viii. St. Trials, vi. 951 — 1036.
Sewell, ii. 259 — 71. James, or perhaps the compiler of his life,
tells us that "the rigorous church of England men were let loose,
" and encouraged underhand to persecute, that the non-confor-
" mists might be more sensible of the ease they should have
"when the catholics prevailed". (Life, i. 443.) Marvell that
" the lieutenancy of London alarmed the king continually with
" the fear of the conventicles, so that he gave them powers ".
i. 420.
"4 Clarendon, 205, 6, 7.
voice.
CHARLES II. 2U
Carlisle and lord Ashley ventured to hint to the CHAP.
. in.
king, that if he wished to acknowledge a private 167U
contract of marriage with the mother of Mon
mouth, it would not be difficult to procure wit-
nesses who would confirm it with their testimony.
The monarch replied without hesitation that,
" much as he loved the duke, he had rather see
" him hanged at Tyburn than own him for his
" legitimate son'"25.
Buckingham, though disappointed, was not By a di-
discouraged. He often lamented the king's mis-
fortune in being married to a woman whose re-
peated miscarriages proved that she would never
bear him a successor to the throne. When he
offered to steal her away, and convey her to some
distant region where she would be never heard of,
Charles laughed at his follv : but he was listened
to with greater attention when he suggested to
the monarch to take another wife. He had al-
ready consulted lawyers and divines ; and Burnet,
afterwards bishop of Sarum, in an elaborate
judgment, had decided that barrenness in the
woman furnished in certain cases a lawful cause
for polygamy or divorce 26. Of the two a divorce
25 Life of James, i. 437, 490. Macpher. i. 44 Burnet, i. 452.
" As for the duke of Bucks," says Ormond, " I am confident he
" not only undervalues, hut hates the king's person and his
" brother's, and has designs apart, if not aimed at the ruin of them
"both". Carte, ii. 377.
,6 See Burnet, i. 454, note ; and Higgons on Burnet, 232 — 243.
The paper concludes thus : " I see nothing so strong against poly-
" gamy as to balance the great and visible imminent hazards that
" hang over so many thousands, if it be not allowed.''
p 2
212 HISTORY OF ENGLAND.
CHAP, appeared preferable, as it offered less to shock the
,ii feelings of the public ; but in cases of divorce no
instance could be found of a subsequent legal
marriage pending the lives of the parties. The
duke, however, undertook to create a precedent.
Lady Roos had long lived in adultery ; she had
been separated from her husband by sentence of
the ecclesiastical judge ; and her children by her
paramour had been declared illegitimate by act of
parliament. A more favourable case could hardly
be wished for ; and a bill was introduced into the
March 5. upper house, " to enable the lord Roos to marry
" again." Its object instantly transpired ; and
the royal brothers exerted all their influence ; the
king to support, the duke of York to oppose, the
bill. The latter did not only obtain the votes of
his friends and dependants ; but, as the question
involved a point of doctrine respecting the indis-
solubility of marriage, he was joined by all the
bishops, with the exception of Cosins of Durham,
and Wilkins of Chester27, by the catholic peers,
and by such of the protestant peers as deemed it
proper to follow, on theological grounds, the
May 17. opinion of the prelates. The second reading was
carried only by a small majority : before the
third, Charles adopted a measure to animate his
friends which surprised both the house and the
March 21. nation. One morning he suddenly entered, took
17 Marvell adds Dr. Reynolds of Norwich, but it appears from
the journals that he did not attend at all during this session.
CHARLES II.
213
his seat on the throne, and desired the lords to CHAP.
ill.
proceed, as if he were not present, for he came 1670\
only to renew a custom which his immediate pre-
decessors had allowed to fall into desuetude, that *
of attending at their debates 2S. James, who saw
the motive of his brother, was stimulated to still
more active exertions : and, when the third read- March 28.
ing was carried against him by a majority of two,
entered his protest on the journals, in which he
was followed by thirteen spiritual and fifteen tem-
poral peers. Buckingham triumphed, and yet he
gained nothing by the victory. He served a fickle
and uncertain master, who changed his resolves
according to the impulse of the moment. Charles
had entertained with pleasure the project of di-
vorce, as long as its accomplishment appeared
distant ; but, when the effort was to be made, his
sense of justice, perhaps his good nature, assumed
the ascendancy, and he refused to avail himself of
*8 L. Journ. xii. 318. Evelyn, Diary, ii. 320. The king had
previously consulted Sir Robert Cotton, who replied that, it was
the custom for the sovereign to be present in parliament till the
reign of Henry VIII., that of Henry's attendance no proof could
be found, whence it was probable that he had been induced to
absent himself by the policy of Wolsey ; that Henry's son Edward
was prevented by his youth, his daughters Mary and Elizabeth
by their sex ; and that this disuse during four successive reigns
was " the ill occasion of the contrary opinion and practice." It
was therefore his opinion that the king had a right to be present
in all consultations of state, and discussions of private plaint, "not
" only to advise and hear, but to determine also." Whether this
right extended to capital cases, he had his doubts ; that it did to
criminal cases, not of blood, was certain, from his answer in
manuscript in the collection of Thomas Lloyd, Esq.
214 HISTORY OF ENGLAND.
( HAP. the benefit to the prejudice of an unprotected and
"yQ unoffending female. The precedent, however, has
not been lost to posterity ; and the permission to
many again, which was in this instance granted
to lord Roos, forms the authority for the similar
permission which has since been regularly inserted
in bills of divorce "9.
A supply 3°. There still remained the great object for
which the parliament had been permitted to meet.
Charles, in his speech at the opening of the ses-
sion, had assured both houses that the rumours
respecting the misapplication of the public monies
during the late war were entirely groundless ; and
that no part of the parliamentary grants had been
diverted from its original destination, but that in
addition considerable sums, taken partly from his
standing revenue, and partly raised on his credit,
had been devoted to the same purpose. He there-
fore requested them to consider the prejudice
arising to the national interests from the pressure
of an enormous debt, and to supply him with the
means of satisfying his creditors. On this occa-
sion he did not plead in vain. His assent to the
act against conventicles was the price which he
April 11. paid; and in return he obtained an additional
a3 L. Journals, xii. 300, 6, 11, 28, 29. Life of James, i. 438, 9.
Macpher. i. 48, 53. Burnet, i. 452—5. Marvell, i. 112, 412.
From this period Charles generally attended the house. It proved
some restraint on his opponents, and furnished him with the
means of whiling away his time. " It was," lie said, " as good
as going to a play." Marvell, 119.
CHAliLES II. 21a
III.
1670.
duty on foreign wines and vinegar for eight chap.
years, and an act to advance the sale of fee-farm
rents belonging to the crown. It was calculated
that the first could furnish the king with 50,000/.,
the other with a much larger sum 30.
We may now resume the secret negociation. It Visit of
had been arranged that, while Louis with his chess^f
queen made a progress through the territory lately Orleans,
ceded to him by Spain, the duchess of Orleans
should pay a short visit to her brother Charles at
Dover. It was hoped by the French king that
she could induce him to depart from his intention
of postponing the war against the States, till he
had made the announcement of his conversion ;
her real object was to procure his permission to
separate from her husband, and fix her resi-
dence in England. Charles received her affec-Mayi7.
tionately, and laboured to gratify her with pre-
sents and entertainments ; but on both points he
remained inflexible : the French ambassador re-
luctantly consented to subscribe the treaty as it
had been drawn by the English commissioners,
and Henrietta, with a heavy heart, returned to May 22.
her state of splendid misery in the court of
France ai.
3" L. Journals, xii. 349. I may here notice that though the
hankers paid only six per cent interest on deposits in their hands,
they now required from the king ten per cent, on the loans ad-
vanced to him instead of eight. At the same time the States
General paid only two and a half per cent. Temple, ii. 33, 4.
J' Life of .Fames, i. 118. Macpher. i. 54. Louis was prepared
to make every sacrifice to engage Charles in his " grande affaire,"
216 HISTORY OF ENGLAND.
CHAP. Of this treaty, thus at length concluded, though
1670. much was afterwards said, little was certainly
known. All the parties concerned, both the
Contents . , ,, . , ,
of the sovereigns and the negociators, observed an lm-
secret penetrable secrecy. What became of the copy
transmitted to France is unknown : its counter-
part was confided to the custody of Sir Thomas
Clifford, and is still in the keeping of his de-
scendant, the lord Clifford of Chudleigh. The
principal articles were : 1°. That the king of
England should publicly profess himself a catholic
at such time as should appear to him most ex-
pedient, and subsequently to that profession should
join with Louis in a war against the Dutch
republic at such time as the most Christian king
should judge proper. 2°. That to enable the king
of England to suppress any insurrection which
might be occasioned by his conversion, the king
of France should grant him an aid of two millions
of livres, by two payments, at the expiration of
three months, and six months after the ratification
of the treaty, and should also assist him with an
armed force of six thousand men, if the service
of such a force should be thought necessary :
the war against the States. When Colbert made financial objec-
tions to the yearly payment of three millions for the grande affaire,
particularly as that affair might last for some years, and draw a
considerable quantity of specie out of the realm, he answered, on
May 2, " Je sais que vos raisons sont bonnes ; je les connois pour
" telles. J'ai mande" qu'il falloit combattre jusqu'a la fin ; mais,
" au pis-allcr, ne pas manquer la grande affaire." (Euvres, v. 466.
1670.
CHARLES II. 21/
3°. That Louis should observe inviolably the CHAP,
treaty of Aix-la-Chapelle, and Charles be allowed
to maintain that treaty in conformity with the
conditions of the triple alliance : 4°. That if,
eventually, any new rights on the Spanish
monarchy should accrue to the king of France,
the king of England should aid him with all his
power in the acquisition of those rights : 5°. That
both princes should make war on the united pro-
vinces, and that neither should conclude peace or
truce with them without the advice and consent
of his ally : 6°. That the king of France should
take on himself the whole charge of the war by
land, receiving from England an auxiliary force
of six thousand men : 7°. That by sea Charles
should furnish fifty, Louis thirty, men of war ;
that the combined fleet should be placed under
the command of the duke of York; and that, to
enable the king of England to support the charge
of the naval armament, he should receive every year
of the war the sum of three millions of livres
from the king of France : 8°. That out of the
conquests which might be made during the war,
his Britannic majesty should be satisfied with
Walcheren, Sluys, and the island of Cadsand ;
and that, in separate articles, provision should be
made for the interests of the prince of Orange, so
that he might find his advantage in the war :
9°. And that, to unite more closely the interests
and affections of the subjects of both crowns, the
% 18 HISTORY OF ENGLAND.
CHAP, treaty of commerce already commenced should be
1670. speedily concluded 32.
From Dover, the king repaired to London, his
Death of sjster to the palace of St. Cloud ; and within a
the dii- .
chess. fortnight from the time of their parting the fair
June 5. anc| fascinating Henrietta, at the age of twenty-
June 20. six, was, after a few hours1 suffering, numbered
with the dead. The report that, to punish the
infidelity of her husband, she had indulged in
similar infidelities, was solemnly contradicted by
her in her last moments, and the suspicion that
she had been poisoned by his order, with a cup
of succory water, received no support from the
appearance of the body when it was opened after
death. Henrietta left a favourite maid, mademoi-
selle de Querouaille. Whether it was through his
recollection of her beauty, or through regard for his
Nov. departed sister, Charles, after some time, invited
her to England, and appointed her of the bed-
32 See note (B). It is plain from comparing the treaty itself
with the account of it in the life of James, that that prince, or the
compiler of the life, was but ill acquainted with the true history
of these transactions. He states erroneously that the treaty was
concluded and signed, and some of the money paid, in the begin-
ning of the year, and that Henrietta succeeded in persuading the
king to waive his right, and to commence with the war against
the Dutch. It is remarkable that James left London with Charles
for Dover, but on the road was sent back to take care of the me-
tropolis, under the pretence that some disturbance might be caused
by the shutting up of conventicles. He reached Dover three days
later, and seems to have suspected that Charles wished him out
of the way. James, i. 448. Macpher. i. 51.
CHARLES II. 219
chamber to the queen. In a short time she be- chap
came one of the roval mistresses 33. }}},:
1670.
It was thought dangerous to confide the secret —
of the late treaty to a man so unstable in his r}6J}\
J Oct. 10.
counsels, so reckless in his resentments, as Buck- a second
ingham ; yet it could not be carried into execution treaty-
without his aid, and that of his friends and col-
leagues, Ashley and Lauderdale. The expedient wro.
which was adopted does credit to the ingenuity of June 30-
the two monarchs. The marshal de Bellefonds
was sent to England to condole with Charles on
the death of his sister, and Buckingham was des-
patched to France to return the compliment to
Louis. The duke was received with distinguished Aug. 1.
honour : the king consulted him on his intended
war against the States, and held out to him the
prospect of the command of the auxiliary force,
if he could persuade his sovereign to join as a
party in the campaign. This was a bait which
the vanity of Buckingham could not refuse. On Sep. 13.
his return he urged the subject on the considera-
3t For the first report, see Temple, ii. 12.3; for the second,
Janus, i. 151. Montague, the ambassador, says in his letter to
Charles, of July 15, "I asked her then if she believed herself
" poisoned : her confessor that was by, understood that word,
" and told her, Madam, you must accuse nobody, but offer up
" your death to God as a sacrifice. So she would never answer
" me that question though I asked several times, but would only
<c shrink up her shoulders." See a letter of condolence from Louis
to Charles in the Appendix, note (C). Evelyn, (ii. 332) says,
" I saw that famous beauty, but in my opinion of a childish,
" simple, and baby face, Mademoiselle Querouaflle." See also,
:5I<>.
220 HISTORY OF ENGLAND.
C HAP. tion of the king and of his colleagues ; he obtained
*^Q permission to open a negotiation with the French
ambassador ; he amused the two monarchs by
Nov. iy. compiaining of the apathy or infidelity of Arling-
ton and Colbert, who had been instructed to raise
objections, that they might irritate his impatience,
and entangle him more deeply in the intrigue ;
i<5* i- and, at length, the dupe had the satisfaction of
. an. 23. concluding a treaty, of which he vainly deemed
himself the author, but which in reality was a
mere copy of the former, with the sole omission
of the article respecting religion 34.
Evasions To this farce was added another. When the
Charles ^rs^ instalment became due, Louis inquired of his
good brother, whether he was yet prepared to
make the declaration of his catholicity. Charles
1670. replied, that he thought it advisable previously to
ep" 18 consult the pope, and to obtain such conditions as
might render the change less objectionable to his
people. This answer was approved, and, in con-
sequence, a vigorous attempt was made to induce
him to join in the war first, and publish his con-
version afterwards. But the king was inflexible,
and to a second requisition replied, that he could
discover no person fit to be trusted with so deli-
cate a negotiation. Louis offered the bishop of
Oct. 13. Laon, whose services were accepted ; but, in a
few days, it occurred to Charles that the reigning
pontiff was old and infirm, and that it would be
54 Dalrymple, ii. 68 — 77. (Euvres de Louis, v. 471, 4.
CHARLES II. 221
more prudent to wait till the accession of his sue- chap.
cessor : next he determined to employ an English- 167q
man, and spent some time before he named the
president of the English college at Douai ; then Nov. 7.
he contrived to obtain a delay of three months,
under pretence of framing and amending the in-
structions to be given to this envoy; and at last
honestly declared that existing circumstaaces com- 1671.
pelled him to postpone the execution of his de- e '
sign to some more favourable opportunity. A
year later Louis returned to the same subject, and
Charles objected religious scruples, which made 1672.
him desirous of consulting some celebrated theo- March n-
logian, but a theologian also skilled in chemistry,
vhat the subject of their conversations might be
supposed to be his favourite science. Soon after- June 7.
wards he determined to make the celebration of
mass in English, and the administration of the
sacrament under both forms the indispensable con-
ditions of his conversion. But Louis was then
satisfied : he had obtained his purpose of drawing
the king into the war, and therefore ceased to call
for a declaration, which must have rendered him
a useless and burthensome ally 35.
With the hope of procuring another supply, Meeting
Charles had summoned the parliament in autumn ; ment.
and the lord keeper in his name informed the Oct. 21.
houses of the several treaties which had been
made for the encouragement and protection of
83 Dalrymple, ii. 62—5, 83, 4.
&22 HISTORY OF ENGLAND.
CHAP, commerce, directed their attention to the naval
1(i70 and military preparations of France and Holland ;
and announced the king's determination to fit out
a fleet of fifty sail, to protect the British coasts
from such insults as they had suffered in the year
1667. But for this money would be requisite.
The last grant had enabled him to pay the inte-
rest, and extinguish a portion of the debt. But
a considerable part was still unredeemed ; and the
best means of sustaining the fame and interests
of the nation was to give him at once a speedy
and plentiful supply. The ministers had been
careful to secure a majority in the commons.
Charges of prodigality were made, and hints of
popery and arbitrary power were thrown out in
vain ; and the sum of two millions and a half to
be raised from different sources, was cheerfully
voted. During the debate, a member suggested a
tax on the frequenters of the theatre ; and when
it was said that the theatre contributed to his
majesty's pleasure, sir John Coventry sarcastically
inquired, whether " his majesty's pleasure lay
" among the men or the women players " ? The
expression was bitterly resented at court ; the gal-
lants resolved to punish the insult offered to their
sovereign ; and the duke of Monmouth committed
the task of revenge to Sandys, his lieutenant, and
Assaukon O'Brian, the son of lord Inchiquin. These, taking
Coventry. . ^ ' o
with them thirteen of their troop, surprised Co-
Dec. 21. ventry in the Haymarket, as he was repairing to
his lodgings, in the evening after the house had
CHARLES II.
223
adjourned during the Christmas holidays. They CHAP,
beat him, threw him on the ground, and made a 167{
deep incision on his nose with a pen-knife. This
outrage, perpetrated with the connivance of the
king, and against the remonstrances of the duke
of York, created feelings of discontent in the
house. It was resolved the first thing after the 1671.
adjournment not to proceed with the public busi- Jan- 9*
ness till reparation had been made to the commons
of England for the injury inflicted on one of their
members ; an act was passed, ordering the offend-
ers to surrender themselves to justice under the
penalty of banishment without the possibility of
pardon, and the maiming or disfiguring of the
person was made, for the first time, felony with-
out benefit of clero;v. Charles dared not interfere
for the protection of his champions : and the com-
mons, appeased by his forbearance, passed the
money bills through their several stages 3G. Proceed-
This benefit was, however, purchased with the ^inst
_ the catho-
lics.
a6 St. 22, 23. Car. ii. c. i. Marvell, i. 413. Macpher. i. 57.
Ralph, i. 193. Burnet, i. 469. Lord Dartmouth informs us that
Coventry after this was much engaged with the whigs, and pro-
fessed himself a zealous protestant, yet died a catholic, leaving the
bulk of his estate to the college of the Jesuits at St. Omer. Ibid,
note. Monmouth, the real contriver of the outrage, escaped, and
in a few weeks committed a still more atrocious offence. On the
night of Feb. 28th, in company with the young duke of Albemarle
and eight others, in a drunken frolic, he attacked the watch, and
killed tin- beadle of the ward, though the poor man on his knees
begged for his life. Charles to save his son, granted a pardon to
all the murderers ; but both the crime and the pardon were se-
verely censured by the people. See Marvel], i. 19.5, 416.
S2f HISTORY OF ENGLAND.
CHAP, usual sacrifice to the religious prepossessions of
j^Jj the two houses. Complaints had been made of
. the growth of popery ; that Jesuits and priests
March io. j^^ become more numerous ; that English catho-
lics frequented the chapels of foreign ambassa-
dors ; that mass was often celebrated in private
houses ; that few processes were served out of
the exchequer against convicted recusants ; that
convents and schools had been established for
papists ; and that two persons openly officiated as
popish archbishops in Ireland. Charles, though
he was then bound by treaty to profess himself
a catholic, published a proclamation, such as was
desired by the houses, in which he declared that,
" as he had always adhered, against all tempta-
" tions whatsoever, to the true religion established,
" so he would still employ his utmost care and
" zeal in its maintenance and defence ". But pro-
March 11. clamations had often failed of effect: the more
orthodox demanded an act of parliament ; and a
bill for that purpose was sent to the house of
March 2i. lords, where it was read twice, and committed.
A dispute respecting privilege prevented its far-
ther progress 37.
Dispute In a bill imposing new duties on imports, the
tlje lords, at the petition of the merchants, had altered
houses, some of the rates. The commons acknowledged
that, in the case of money bills, the upper house
•>7 Com. Journ. Feb. 21 ; March 1, 10, 11. L. Journals, xii.
151, 4fi8.
CHARLES IT.
had the power to approve or reject, but denied CHAP
that it had the power to make alterations. The
III.
1G71.
lords called for some proof of this assertion.
Where was the record ? When had they forfeited April 17'
the right ? It might as well be said that they had
not the power to reject ; for, if they could not alter
a part, how could they annul the whole ? Had
they confined themselves to this reasoning, they
would probably have embarrassed their oppo-
nents ; for the attorney-general replied that to
give any reason would be to weaken a privilege
which the commons had possessed in all ages.
But the lords appealed also to precedents : the
application of these precedents was disputed by
the managers ; the controversy became daily more
intricate ; the obstinacy of the parties augmented ;
and Charles, though by it he lost a valuable bill, April 22.
was compelled to put an end to the session. The
question had been raised by the imprudence of
Buckingham ; and the result did not tend to raise
him in the estimation of his sovereign as.
Before we proceed, the reader may direct his
attention to a few miscellaneous events, which
occurred about this time.
1°. In the month of August, 1669, died at the Death of
castle of Colombe, near Paris, the queen-mother, dowaeer"
Henrietta Maria de Bourbon. It has been the 1669.
custom to attribute a great portion of the misfor- Uff"
"s L. Journals, xii. ! 49. 191, .502, 510. Marvell, i. 17 1. Parker,
119. Compare Macpherson, i. 58, with Dalrymple, ii. SG.
VOL. XII. Q
gofi
HISTORY OF ENGLAND.
CnfP tunes of Charles I. to the control which this
1671. beautiful princess possessed over the heart, and,
" through the heart, over the judgment of her hus-
band. But there is reason to believe that her
influence was considerably exaggerated by those,
whose policy it was to alienate the people from
the sovereign by representing him as guided by
the counsels of a popish wife. On most questions
she coincided in opinion with secretary Nicholas ;
nor will it be rash to conclude that the unfor-
tunate monarch would have fared better, had he
sometimes followed their advice. After the death
of Charles, she was privately married to Jermyn,
earl of St. Albans, and lived to see the restoration
of her son to the crown of his father. Her last
years were chiefly spent in acts of charity and
exercises of devotion ;J9.
?f, th<r, 2°. At the commencement of the next vear died
duke Al-
bemarle, another celebrated personage, Monk, duke of
1670. Albemarle. By Charles his services were always
acknowledged, and amply rewarded : but the
royalists regretted that the merit of restoring the
king should have fallen to an apostate from their
cause ; and their dislike of the man indulged itself
in throwing ridicule and censure on his man-
ners and conduct. It must be owned that there
was nothing very brilliant in his character : he
was not made to shine in a gay and voluptuous
3' See " The Life and death of Henrietta/' &c. printed for Dor-
man Newman, 1G8.5, reprinted by G. Smeeton, 1820. Life of
James, i. 446.
CHARLES II. 22*
court, nor did he seek to support his rank by a CHAP.
in.
splendid and expensive establishment. But the ]67[
king always treated him with respect, employed
him in posts of difficulty and danger, and honoured
his remains with a public funeral in Henry the Jan. 23.
Seventh's chapel. Within three weeks after his
death, the duchess (she had been successively his
washerwoman, his mistress, and his wife), fol-
lowed him to the grave 40.
3°. The duke of Ormond, on the 6th of Decern- Narrow
escape of
ber, was returning in the dark from a dinner Ormond.
given by the city to the young prince of Orange, wo.
when, in St. James's-street, his footmen, who
walked on each side, were suddenly stopped ; and
two men forcibly drew the duke out of his car-
riage, mounted him on horseback behind a third,
and, that he might not escape, fastened him with
a leathern belt to the rider. The chief of the
banditti hastened beforehand to Tyburn, that ho
might make preparations for hanging the captive ;
but, on the road to Knightsbridge, the duke,
leaning on one side, and raising with his foot the
foot of his companion on the other, contrived to
drag hi in from the saddle. Both fell to the
40 The following portrait of Monk is drawn by the French tra-
veller, Monconis. Monk est petit et gros: mais il a la physiog-
nomie de l'esprit le plus solide, et de la conscience la plus tran-
quilledu monde, et avec cela une froidure satis affectation, et s;iiis
orgueil ny desdain : il a enfln tout fair d'un homme modere et
fort prudent : ses nieuhli s, sa tabic, et le pen de gens qui le cour-
tisent, marquent a«sez qu'il n'est pas ambitieux. Moncon. Join 11.
ii. H<2.
<2 2
228 HISTORY OF ENGLAND.
CHAP, ground: footsteps were heard to approach; and
,671' the assassin, having loosened the belt, discharged
« a brace of pistols at the duke, and instantly fled.
The darkness proved favourable to both. The
duke escaped with no other injury than what he
had suffered in the fall and struggle : his adver-
sary eluded with ease the search of his pursuers.
Yet the cause and the perpetrators of the outrage
remained an impenetrable mystery. Though a
committee of the house of lords instituted an
inquiry into the case ; though the king promised
a reward of 1000/. to those who should discover
the offenders ; though he offered a pardon with
the same sum of money to any of the accomplices
who should inform against the guilty ; no clew
could be obtained to lead to their apprehension :
only it became known that the chief of the gang
was Blood of Sarney, in the county of Meath, the
author of a libel called " Mene Tekel ", who had
been outlawed for an attempt to surprise the cas-
tle of Dublin.
Attempt Soon afterwards a person, in the cassock of a
thecrown clergyman, sought the acquaintance of Edwards
1671. the keeper of the regalia in the Tower, and pro-
May 9. posed to him a marriage between his own nephew,
and the old man's daughter. About seven in the
morning of May 9th, the pretended clergyman,
with two companions, called on Edwards, and
requested to see the regalia. As soon as they
entered the room, they threw a cloak over the
keeper's head, and forced a gag into his mouth.
CHARLES II. 22$
promising to spare his life, if he remained quiet : CI,V^P'
but his struggles provoked them to knock him i67i.
down, and wound him in the belly. The clergy- ""
man then put the crown under his cassock, one
of his companions secreted the globe in his
breeches, and the other having filed the sceptre,
deposited the pieces in a bag. Accidentally the
son of Edwards came by at the time ; the alarm
was given ; the robbers ran : one of them fired
at the first sentinel, who, though untouched, im-
mediately fell ; the second offered no resistance ;
and all three had nearly reached their horses at
vSt. Catherine's-gate, when they were overtaken
and secured. They were carried before sir Gilbert
Talbot, but the clergyman, who was the leader,
refused to answer. Charles himself, through
curiosity, or at the instigation of others, attended,
when the prisoner improved the opportunity to
flatter and terrify the king ; he said that his
name was Blood ; that he had seized the duke of
Ormond, and would have hanged him at Tyburn :
that he had even on one occasion undertaken to
shoot the king himself at Battersea, but, the
moment he took his aim, the awe of majesty
unnerved him, and his piece dropped harmless to
the ground. He was, however, but one of three
hundred, who had sworn to revenge each other's
blood. The king micdit act with him as he
pleased. He might doom him to suffer — but it
would be at the risk of his own life, and of the
lives of his advisers — or hv might show him
230 HISTORY OF ENGLAND.
(HAP. mercy — and he would secure the gratitude and
,1L services of a company of fearless and faithful
1671. , 1 .
followers. If the unprecedented attempts ot this
ruffian excited surprise, the conduct of Charles
was a mystery, which no one could understand.
He not only forgave the offence offered to himself,
but he solicited and obtained for Blood the pardon
of Ormond, ordered him to remain as a gentle-
man at court, and gave him an estate of the
yearly rent of 500/. in Ireland, probably as a
compensation for that which he had previously
forfeited4'.
Death of 5°. For a long time the health of the duchess
d.css'of of York had visibly declined, and she died at St.
York. James's in her thirty-fourth year, having been the
mother of eight children, of whom only two daugh-
ters survived her, Mary and Anne, both afterwards
queens of England. She had been educated in the
regular performance of all those devotional exer-
cises which were practised in the church of Eng-
land before the civil war. She attended at the
canonical hours of prayer ; she publicly received
the sacrament in the royal chapel on every holi-
4 See for both facts sir Gilbert Talbot's Narrative. Lansdowne,
MSS. 1659, p. 1 — 15. Evelyn, who dined in company with Blood
at sir Thomas Clifford's, describes him thus : " The man had not
" only a daring, but a villainous unmerciful countenance, but very
" well spoken, and dangerously insinuating". EvelynDiary, ii. 341.
Blood's companions were Hunt, his son-in-law, and Parret, who
had been lieutenant to major-general Harrison under the common-
wealth. Charles told Ormond that he had certain reasons for ask-
ing him to pardon Blood. He replied that his majesty's command
was a sufficient reason. Talbot, ibid.
1(571.
May 31
CHABLES II. 231
day, and once in every month; and she always CHAP,
prepared herself for that rite by auricular con- 1671\
Aug.
fession, and the absolution of the minister. After
the birth of her last child, she became still more
religious, spending much of her time in her pri-
vate oratory, and in conversation with divines ;
and for several months before her death it was
observed that she had ceased to receive the sacra-
ment, and began to speak with tenderness of the
alleged errors of the church of Rome. Suspicion
was excited ; and her brother, lord Cornbury, in
person, her father, the exiled earl of Clarendon,
by letter, endeavoured to confirm her in the pro-
fession of the established doctrines. But she had 167°-
already been reconciled in August to the church
of Rome, and in her last illness received the
sacrament from the hands of Hunt, a Franciscan
friar. Blandford, bishop of Oxford, her protes-
tant confessor, visited her on her death-bed ; but
the duke informed him of her change of religion,
and he contented himself with speaking to her a
few words of consolation and advice. Her con-
version was known only to five persons ; but the
secret gradually transpired, and its publication
served to confirm the suspicion that the duke
himself was also a catholic. He attended, indeed,
occasionally on the king during the service in the
chapel, but two years had elapsed since he re-
ceived the sacrament l2.
*> Life of James, L 452. Burnet, i. 537. Evelyn, ii. 380. Travels
of Cosmo, 456.
-1J: HISTORY OF ENGLAND.
CHAP. Though the second of the secret treaties with
III
1571; France had been concluded in January, the ratifi-
cations were not exchanged till June, at which
The cabal, time it is probable that Charles had consented to
engage in the projected war against the States,
and to postpone to an indefinite period the an-
nouncement of his conversion. Louis had already
sent presents to the commissioners who signed
the treaty at Dover ; he now sent others to
Buckingham, Ashley, and Lauderdale, who had
signed the second treaty in June. In this there
was nothing unusual ; but, to bind the leading
ministers more strongly to his interests, he
granted a pension of ten thousand livres to lady
Shrewsbury, the mistress of Buckingham ; and,
when a similar pension was declined by Arling-
ton, bestowed a magnificent present on his wife 4,i.
The only privy counsellors, entrusted with the
secret of the king's connexion with Louis, were
Arlington, Clifford, Buckingham, Ashley, and
Lauderdale : they formed the cabinet or cabal, in
which, according to the practice introduced by
Clarendon, every measure was debated and deter-
mined before it was submitted, for the sake of form,
to the consideration of the council, and with them
*3 Dalrymple, ii. 81, 82. Buckingham, to enhance the merit of
iiis services, asserted that the Spaniards had offered him 200,000/.
Colbert observes, " Je crois (ju'il n'en est rien ; mais je crams que
" l'appetit de ces nouveaux commissaires (Buckingham, Ashley,
" and Lauderdale) nc soit grand." Ibid. 81. By a singular
coincidence, the initials of the names of these ministers form the
word "cabal."
CHARLES II. 233
he consulted respecting the preparations for the chap.
hi.
nm.
war. 1°. Arlington, originally sir Henry Bennet,
had signalized himself in the civil war, during
which he received a sabre wound in the face. Arlington.
From Madrid, where he resided as ambassador
from the king, he was recalled and introduced
into the ministry by the enemies of Clarendon.
To strength of mind or brilliancy of parts, he had
few pretensions ; but he was an easy and pleasing
speaker, was well acquainted with the routine of
business, and covered the deepest cunning under
the most insinuating address. As the best bred
man in the English court, he acquired the favour
of the king and of the foreign noblemen whom
business or pleasure brought to the capital ; and
Charles, as a proof of his esteem, married the
lord Harry, afterwards the duke of Grafton, his 107 2.
son by Castlemain, now created duchess of Cleve- Aug. 1.
land, to the daughter of Arlington, a most beau-
tiful child only five years old. In the cabinet, the
prudence of this minister shrunk from the re-
sponsibility of being the foremost to suggest or
to defend measures of doubtful tendency ; and his
timidity afterwards proved his safeguard. It
was taken for moderation, and served to mitigate
the displeasure and resentment of the people. He
retained to the last the friendship of his so-
vereign 1!.
m Life of James, i. 398. Clarend. Pap. iii. Sup, Ixxxi. Evelyn.
ii,372,432 Macph. i. 48. Burnet, i. 170. Clarendon's Life, 181,
lyti. Works of Sheffield, duke of Buck. ii. 84.
III.
1671.
234 HISTORY OF ENGLAND.
CHAP. 2°. The influence which Clifford, by his in-
dustry and eloquence, had acquired in the house
of commons, had originally recommended him to
Clifford, the notice of the ministers ; and under the
patronage of Arlington, he had rapidly advanced
in preferment. He now held the offices of privy
counsellor, treasurer of the household, and com-
missioner of the treasury. He was brave, generous,
and ambitious ; constant in his friendships, and
open in his resentments ; a minister with clean
hands in a corrupt court, and endued with a mind
capable of forming, and a heart ready to execute,
the boldest and most hazardous projects. The
king soon learned to prefer his services before
those of his more cautious patron 4S.
Bucking- 3°. With Buckingham, his levity and immo-
rality, his ambition and extravagance, the reader
is already acquainted. Even when he was con-
sidered the prime minister, pleasure formed his
favourite pursuit. He turned the night into day,
and indulged in every sensual gratification " which
" nature could desire, or wit invent." Charles,
much as he was amused with the follies of the
duke, frequently treated him with contempt : — his
princely fortune (a landed estate of 20,000/.)
nsensibly disappeared ; his mind became enfeebled
with his body ; and he lingered out the last years
of his life in penury and disgrace 46.
]
*5 Evelyn, ii. 386, 7. Pepys, Correspondence, v. 79. Maeph.
i. 48.
<« Burnet, i. 171. Macph. i. KJ7. Evelyn, ii. 355. Clarendon,
i. 369. North's Li ves, i. 97.
CHARLES II. 235
4°. Lauderdale made it the great object of his CHAP.
policy, to advance his own fortune by securing ^j
the royal favour. He was ungainly in his ap-
pearance, and boisterous in his manner ; but his Lauder-
dale.
experience in business, his ready acquiescence in
every wish of the sovereign, and the boldness with
which he ridiculed the apprehensions and predic-
tions of his colleagues, endeared him to the
monarch. It was not in Lauderdale's disposition
to allow principles, either political or religious, to
interfere with his interest. A sincere friend to
the covenant, he made it the constant subject of
ridicule ; a violent enemy to the catholics, he lent
his support to every measure in their favour ; and
with a strong predilection towards a limited and
constitutional monarchy, he fearlessly executed in
his native country, the most arbitrary determi-
nations of the government. For these reasons he
had numerous enemies a mono; the dissenters, and
the men of liberal principles : and on another
account, he had incurred the hatred of all the
cavaliers both English and Scots. He was ac-
cused of having been a principal in the sale of
Charles I. to the parliament, and of having re-
ceived a considerable portion of the money. But
the efforts of his countrymen to bring him into
disgrace recoiled on their own heads. The king
remained his friend : Middleton, the chief of his
enemies, was removed from the government of
Scotland, and that high office, after a decent in-
terval, was bestowed on Lauderdale himself.
But his triumph served only to multiply his
•2jt> HISTORY OF ENGLAND.
CHAP, enemies. The English cavaliers took up the
"!' cause of their northern brethren, and waited with
10/ 1 .
impatience for the favourable opportunity of gra-
tifying their vengeance by accomplishing the
downful of the Scottish favourite 47.
Ashley. 5°. Sir Anthony Ashley Cooper formerly pos-
sessed the ear of Cromwell : at the restoration,
through the influence of Monk, whose friendship
he had gained, and of Southampton, whose niece
he had married, he was appointed chancellor of
the exchequer, and soon afterwards called to the
house of lords by the title of baron Ashley. When
Charles said of him that he was " the weakest and
wickedest man of the age," the king consulted his
anger more than his judgment. Ashley possessed
talents of the highest order, but made them sub-
servient to his passions and interest. As long as
the royal cause promised to be successful, he was
careful to suggest the most arbitrary measures
and to support them at the expence of liberty
and justice : but when the current turned, when
the spirit of discontent, which animated the
house of commons, led him to anticipate a failure,
he divested himself of his employment at court,
4' Burnet, i. 174. Chrendon, 51. Miscel. Aul. 212, 231.
Pepys, 151. In tlit Scottish parliament, it had been agreed that
a certain number of delinquents should be incapacitated from
holding office, not openly by the majority of votes, but secretly
by way of ballot, to prevent family feuds between the excluders
and the excluded. Among the names was that of Lauderdale,
lint Charles disapproved of the proceeding, and recalled Middle-
ton. Sec the pleadings before the king in Miscel. Aul. ibid.
CHARLES II. 237
and, coining forward as the champion of popular CHAT,
right, " usurped a patriot's all-atoning name." i6?i.
But whether he served the king, or the king's
opponents, he was still the same character, dis-
playing in his conduct a singular fertility of in-
vention, a reckless contempt of principle, and a
readiness to sacrifice the rights of others in the
pursuit of his object, whether it were the acqui-
sition of power, or the gratification of revenge 48.
Of these five ministers, Lauderdale adhered to Their re-
the Scottish covenant ; Buckingham, with all his
ridicule of bishops and servants, called himself an
orthodox churchman ; and Ashley was supposed
to belong to no church whatever. Of Arlington
and Clifford, it has often been said that they were
catholics. But hitherto they had certainly pro-
fessed themselves protestants, though, perhaps,
like many others, for no better reason than
because protestantism was in fashion. For,
during the revolutions of the last twenty years,
the immorality of the royalists, the cant of the
fanatics, and the successive prevalence of con-
trary doctrines in the pulpits, had, especially
among the higher classes, unsettled religious
opinion, and rendered men indifferent to particular
forms of worship. It may, however, be that the
knowledge of the duke's conversion, and of the
king's sentiments, made impression on Arlington
and Clifford. The latter certainly embraced the
** Macph. 70. Dalrymple, ii. 15. Burnet, i. 164, 5. Claren-
don, ^fi, 215.
2 18 HISTORY OF ENGLAND.
chap, catholic faith before the close of the Dutch war:
1671. Arlington continued a protestant till his last sick-
ncss, when he was reconciled to the church of
Rome 49.
They shut These were the ministers, with whose assist-
chequer. " ance Charles determined to engage in the war
against the States ; a war from which he pro-
mised himself an abundant harvest of profit and
glory, in the humiliation of a republic, the pros-
perity of which held out to his subjects the
example of successful rebellion ; in the superiority
which the trade of the British merchants would
derive from the ruin of their commercial rivals ;
and in the additional authority with which he
would be himself invested at the head of a con-
quering army and navy. To obtain these results
it was necessary to make the most gigantic efforts,
and to provide pecuniary funds commensurate
with these efforts. An ample supply had been
already granted by parliament ; to secure the
stipulated subsidy from France a third treaty had
been concluded with Louis 50 ; and an additional
<9 In May 1671, Evelyn from Clifford's conversation " suspected
him a little of warping to Rome." (Evelyn, ii. 341, 382.) In
May 1673, James calls him "a new convert." Life of James, i.
484. .
6° It is plain that a third treaty was concluded in the beginning
of 1672. Dalrymple notices it as merely a Latin copy of the
second treaty, signed on Feb. 5th ; but that it was different in
some points, appears from this, that the command of the English
auxiliaries was given by it to the duke of Monmouth (Dalrym. ii.
88). The services of Montague were so pleasing to Louis on this
a
CHARLES II. 239
resource was now discovered by the ingenuity of CHAP.
Ashley or Clifford 51. The reader is aware that 167j
ever since the time of Cromwell the bankers and
capitalists had been accustomed to advance money
to the government, receiving in return assigna-
tions of some branch of the public revenue till
both capital and interest should be extinguished.
Hitherto the exchequer had maintained its credit
by the punctuality with which it discharged
these obligations : but now it was proposed, 1°.
to suspend all payments to the public creditors for
the space of twelve months, which would permit
the king to devote the whole of his income to the
purposes of the war ; and 2°. to add the interest
now due to the capital, and to allow six per
cent, interest on this new stock, which would
afford a reasonable compensation to the holders,
for any inconvenience which they might suffer
from the delay. Clifford, as one of the commis-
sioners of the treasury, carried this project from
the cabinet to the privy council ; he endeavoured
to defend it on the ground of state necessity ;
occasion, that he solicited Charles to send to the ambassador the
order of the garter, and allow him (Louis) the pleasure of pre-
senting- it to Montague. (Euv. de Louis, v. 493. March 21,
1672.
51 It seems doubtful with whom this measure originated. Eve-
lyn assigns it to sir Thomas Clifford (Diary, ii. 361, 385), pro-
bably because he was chosen to recommend it to the privy council.
In Arlington's letters it is attributed to lord Ashley, and James
says that "it was he (Ashley) who advised the shutting up the
" exchequer." Life, i. 488. See also Burnet, i. .532.
240 HISTORY OF ENGLAND.
CHAP, and requested that no member would raise objec-
1072. tions, unless he were prepared to offer some other
* expedient equally productive, and equally expe-
ditious52. Clifford was supported by Ashley:
1(i7o the council gave its consent ; and the suspension
Jan. 2. was announced by proclamation to the public. It
stated that the safety of the kingdom rendered it
necessary to forbid the payment of any money
out of the exchequer in virtue of existing war-
rants and securities, but promised that the credit-
ors should receive " interest at the rate of six
" per cent. : that no person whatsoever should be
" defrauded of any thing that was justly due,
" and that the restraint should not continue any
" longer than one year >3 ". By this iniquitous
act, a sum of about 1,300,000/. was placed at the
disposal of the ministers : but the benefit was
dearly purchased with the loss of popularity and
reputation. Many of the bankers, who had placed
their money in the exchequer, failed ; a general
shock was given to the commercial credit of the
country, and numbers of annuitants, widows,
and orphans were reduced to a state of the lowest
distress 54.
Fail in an In this attempt the five ministers could not fail
attack on . . . .
the Dutch or success : in the next they met with a signal
defeat. It was known that in the month of March
*a Temple, ii. 181.
53 Declaration. In the Savoy, by the king's printers,
s* L. Jo'urn. xii. 326. North, Examert. 37. Parker, 121. Mar-
veil, ii. 1 7 j.
CHARLES II. ~41
a fleet of Dutch merchantmen, laden with the CHAP
commerce of the Levant, would pass up the Chan- 1672
nel ; and a resolution was taken to capture them
as lawful prizes, without any previous declaration
of war. To the objection that such conduct would
resemble the rapacity of the pirate and the high-
wayman, it was replied, that arrogance and ava-
rice had led the Hollanders to trample on all the
received usages of civilized nations, and that they
could not reasonably complain, if they received in
return such treatment as they had already inflicted
upon others65. The States, however, were not
to be taken unawares. The immense preparations
of Louis had opened their eyes to the danger which
menaced them ; and the recal of Temple, who had
negotiated the triple league ; and the mission, in Dec. 4.
his place, of Downing, a man so hateful in Hol-
land that he fled back to England to escape the
vengeance of the mob36, taught them to suspect 1672.
that Charles was the secret ally of the French
king. Under this impression, they were careful
to furnish protection to their merchantmen, and
to acquaint their naval commanders with the pos-
sibility of a sudden rupture between the two na-
tions. The task of intercepting the Dutch fleet
was entrusted by the English ministers to sir Ro-
bert Holmes, who received orders to take under
Si See the question discussed in Parker, 124.
& Downing was sent to the Tower for his cowardice. Temple,
ii. 180.
VOL. XII. R
242 HISTOltY OF ENGLAND.
CHAP, his command all the ships which he should find at
j"1; Portsmouth, or should meet at sea. Holmes, at
■ the back of the Isle of Wight, saw the squadron
of sir Edward Spragge, which had recently de-
stroyed the Algerine navy in the Mediterranean ;
but, unwilling that another should obtain any
share in the glory and profit of the enterprise,
March 3. suffered him to pass by. The next morning he
descried his object, sixty sail of merchantmen,
many of them well armed, under convoy of seven
men of war. Van Nesse, the Dutch admiral, saw
the design of Holmes, and so admirably did he
dispose his force, so gallantly was he seconded by
the officers and men under his command, that he
completely baffled all the efforts of his enterpris-
ing opponent. During the night the English ad-
miral received a reinforcement ; in the morning-
he renewed the action ; and at last succeeded in
cutting off one man of war and four merchant-
men, two of which proved of considerable value.
The failure was certainly owing to the presump-
tion and ambition of Holmes. To Charles it be-
came a subject of bitter disappointment, both as
it diminished the pecuniary resources on which
he had reckoned, and as it covered him and his
advisers with disgrace. For both his subjects and
foreigners united in condemning the attempt,
which they would probably have applauded, had
it been crowned with success '7.
57 James, i. 456. Macph. Pap. i. 58. Marvell, ii. 478. Heath,
581,2. Notwithstanding this attack, both parties faithfully ob-
CHARLES II. 243
During the last war with Holland the counsels CHAP,
of government had been distracted, and the most j1^
serious alarm had been repeatedly excited, by the
close and dangerous correspondence between the^"d,grant
foreign enemy and the mal-contents within the gence to
kingdom. Since that period the number of the sen ers'
latter had been multiplied by the intolerant enact-
ments against the dissenters ; and, to apply
a remedy to the evil, the king's advisers de-
termined to carry into execution his favourite
project of indulgence to tender consciences. With
this view, a declaration was published, stating that March 15
the experience of twelve years had proved the in-
efficacy of coercive measures in matters of reli-
gion; that the king found himself " obliged to
" make use of that supreme power in ecclesiastical
" matters which was not only inherent in him,
" but had been declared and recognized to be so
" by several statutes and acts of parliament " ;
that it was his intention and resolution to main-
tain the church of England in all her rights, pos-
sessions, doctrine, and government ; that it was
moreover his will and pleasure that " all manner
" of penal laws in matters ecclesiastical, against
served the provision in the treaty of Breda, that, in case of a rup-
ture, the ships and merchandize belonging to the subjects of
either party, and existing in the ports and territory of the other,
should not be molested for six months. Ea. naves, merces, et
bona quaevis motabilia qute in portibus et ditione partis adversa?
hinc inde haerere etextare deprehendentur. Duinont, vii. 47.
R 2
244 HISTORY OF ENGLAND.
C II \ P. « whatsoever sort of non-conformists or recusants,
i«72. " should be from that day suspended " ; and that
to take away all pretence for illegal or seditious
conventicles, he would license a sufficient number
of places and teachers for the exercise of religion
among the dissenters, which places and teachers
so licensed should be under the protection of the
civil magistrate ; but that this benefit of public
worship should not be extended to the catholics,
who, if they sought to avoid molestation, must
confine their religious assemblies to private
houses " 58.
Which is This declaration, like the former, had been
by°them. moved in the council by Clifford, and seconded by
Ashley: the provision respecting the catholics was
added to satisfy the scruples of the lord keeper.
By the public it was received with expressions of
applause or vituperation, as men were swayed by
interest or religion. Its opponents complained
that it tolerated popery, and consequently idolatry;
that, by affording encouragement to schism, and
the opportunity of meeting to the factious, it
must tend to weaken the stability both of the
church and of the throile ; and that it claimed for
the king a power subversive of a free constitu-
tion,— the power of dispensing with the laws. In
reply, it was contended by the advocates of indul-
gence, that religious opinion was beyond the con-
trol of government, and that no people could be
58 Par!. Hist. iv. 51.5.
CHARLES II. 245
powerful abroad, as long as they were divided by chap.
dissension at home ; that the public exercise of 1672'
their worship was still forbidden to the catholics ;
that the indulgence, by removing religious discon-
tent, was calculated to strengthen both the church
and the throne ; that no claim was set forth by
the king, which did not by ancient usage belong
to the crown ; and that the power of dispensing
with the law in matters ecclesiastical, necessarily
grew out of the ecclesiastical supremacy, and in
civil matters, out of the very nature of govern-
ment : for no form of government could be perfect,
in which the executive power did not possess the
means of providing for the exigencies of the state
during the intervals when the legislative power
was not assembled. Thus to dispense with the
penal laws respecting religion had been the prac-
tice of every sovereign since the reformation ; and
the king himself, during the late war with Hol-
land, had suspended the trade and navigation acts
without exciting contradiction or murmur. The
result showed the power of interest over principle.
The dissenters, who had been in the habit of con-
fining within the narrowest limits the pretensions
of the crown, gratefully accepted the indulgence,
and presented by their ministers an address of
thanks to the king ; while the ardent friends of
orthodoxy began to dispute their own doctrine of
passive obedience, and to think that the preroga-
tive ought to be fettered in those cases, in which
246 HLSTOKY OF ENGLAND.
CHAP, it might operate in opposition to their own claims
167g and prepossessions 59.
In a few days appeared the English and French
Declara- declarations of war. Louis was content to assert-
ion of
war. that after the many insults which he had suffered
from the arrogance of the States, to dissemble his
resentment would be to detract from his glory.
March 17. Charles condescended to enumerate the several
causes of his displeasure : the unwillingness of the
States to regulate with him according to treaty the
commerce of the two nations in the East Indies ;
their perfidious detention of the English traders
in Surinam ; their refusal to strike to his flag in
the narrow seas60 ; and the repeated insults which
had been offered to him personally by injurious
medals and defamatory publications. It was his
duty to maintain the honour of his crown, to pre-
serve the trade and commerce of the nation, and
to protect from oppression the persons of his sub-
jects. But, if this consideration compelled him to
appeal to arms, it was still his intention to
" maintain the true intent and scope of the treaty
" of Aix-la-Chapelle, and in all alliances which he
51 For these particulars and reasonings, see Parker, 251 — 8.
Pari. Hist. iv. App. xli. xlii. Arlington to Gascoign, 66. James,
i. 455. It is often said, but certainly without authority, that the
lord keeper refused to put the seal to the declaration. Had this
beefl the case, he would probably have been dismissed in March
instead of November.
' The negotiations on this subject show that the king claimed
as a right what the Hollanders would yield only as a compliment.
Parker, Mm;— y.
CHARLES II. 24/
" had made, or should make, in the progress of CHAP.
" the war, to preserve the ends thereof inviolable, 167£
" unless provoked to the contrary 61." In a few
days, the king of Sweden, the second party to the April 4.
triple alliance, acceded to the designs of Charles
and Louis, and, under the specious pretence of
preserving the peace of Germany, bound himself
by a secret treaty, to make war on any prince of
the empire, who should undertake to aid the
States in the approaching war between them and
the king of France G-.
61 Pari. Hist. iv. 512. Dumont, vii. 163, 4. " Yet," says
Marvel], "it is as clear as the sun that the French had by the
" treaty of Aix-la-Chapelle agreed to acquiesce in their former
" conquests in Flanders; and that the English, Swede, and
" Hollander, were reciprocally bound to be aiding against whom-
" soever should disturb that regulation." (Marvell, ii. 482.)
This, though it has been repeated hundreds of times, is far from
being an accurate exposition of the transaction. The real object
of the triple alliance was to compel the crowns of France and
Spain to make peace on the terms already offered by France, and
to guarantee to Spain the provinces in the Netherlands which
shoidd remain to her after that peace — Tant pour aider a faire
linir par leur intervention la guerre qui s'estoit alors allume'e entre
les deux couronnes, que pour guarantir aussi le plus fortement et
eflicacement, (pie faire si pourroit, la paix. — The peace was
accordingly made at Aix-la-Chapelle, and the kings of England
and Sweden, and the States, signed the act of guarantee — pro-
mettent par ces presentes de guarantir le dit traiie' — and promised
if Louis were, under any pretext whatever, to invade any of the
territories belonging to Spain, — aucun dcs royaumes, estats, pays,
ou sujets du Roy catholique, — to employ all their forces in resist-
ing the aggression, and obtaining reparation. See the act of gua-
ranty in Dumontj vii. 107. In the treaty between Louis and
Charles, the treaty of Aix-la-Chapelle was confirmed, and no in-
fraction of it took place during the war.
'■' Dumont, vii. 169. Miscel. Aul. 68, 70.
'Is HISTORY OF ENGLAND.
CHAP, The Dutch were the first at sea; and De
167gi Ruyter, with seventy-five men of war, and a
considerable number of fire-ships, stationed himself
mJs f between Dover and Calais, to prevent the in-
tended junction of the French and English fleets.
The duke of York could muster no more than
May 3. forty sail at the Nore ; but with these he con-
trived, under the cover of a fog, to pass unnoticed
by the enemy, and, proceeding to St. Helens,
May i. awaited the arrival of the French squadron under
May 10. D'Estrees. The combined fleet now sailed in
search of the enemy, whom they discovered
May 19. lying before Ostencl. But the prudence of De
Ruyter refused to engage even on equal terms.
Availing himself of the shallows, he kept his op-
ponents at bay, and baffled all their manoeuvres
with a skill which extorted their admiration. At
last he reached Goree, and the duke returned to
Southwold bay, that his ships might take in their
full complement of men and provisions 63.
Battle of In a few days, De Ruyter learned, from the
South- „ ,r. ,
wold hay. captain of a collier, the situation and employment
May 27. of the English fleet. He suddenly resolved to be-
come the aggressor, sailed from Goree in the even-
ing with his whole force, and would probably have
surprised his enemies at anchor, had it not been
for the sagacity of Cogolin, the commander of a
French frigate. That officer, on account of his
ignorance of the coast, had cast anchor during the
James, i. 157—61. Miscel. Aul. HO, 70.
CHARLES II. 249
night at a distance of some miles from Southwold CHAP,
bay. At the first dawn he descried two Dutch 1(r^
men of war of equal force, which immediately
brought to, and stood from him, and, concluding May 28-
from these motions that the main body could not
be far distant, he discharged his guns in succes-
sion as a signal. James immediately ordered
every ship to get under weigh, and take her sta-
tion in the line : but the wind was easterly, and
the tide to leeward, and not more than twenty sail
could form to meet the enemy. The duke, with
a part of the red squadron, opposed De Ruyter, and
the fleet from the Maese ; the earl of Sandwich,
with part of the blue, Van Ghent and the fleet from
Amsterdam. D'Estrees received Banker with the
ships from Zealand : but both stood under easy
sail to the southward ; and, as they never came
to close action, suffered comparatively but little
injury 61.
Seldom has any battle in our naval annals been Conduct
more stubbornly contested. The English had to ^ukef
struggle with a bold and experienced enemy, and
against the most fearful disparity of force. Their
ships were so intermingled among the multitude
of their opponents, that they could afford little
support to each other ; still they fought with the
most desperate courage, hoping to protract the
action till they could be joined by the remainder
of the fleet in the bay. About eleven o'clock, the
♦ James, ;. t-6J — 5.
250 IilsToliY OF ENGLAND.
CHAP, duke's ship, the Prince, of one hundred guns, had
}}}' lost above one-third of her men, and lay a motion-
10/'-'. J
less wreck on water. Having ordered her to be
towed out of danger, he passed through the win-
dow of the cabin into his shaloupe, rowed through
the enemy's fire, and unfurled the royal standard
in the St. Michael, of ninety guns05.
Death of The earl of Sandwich, in the Royal James, re-
Sandwich, peatedly beat off the enemies, by whom he was
surrounded ; carried by boarding a seventy gun
ship which lay athwart his hawse, and killed Van
Ghent, the commander of the Amsterdam squa-
dron : but, after an engagement of eight hours,
the Royal James became unmanageable ; of two
fire ships which approached, one was sunk by her
guns, the second grappled her on the larboard
side ; and in a few minutes that noble vessel was
enveloped in flames. The duke, from a distance
to leeward, saw the blue flag towering above a
dense column of smoke ; and ordered the Dart-
mouth, and a number of boats, to hasten to the
assistance of the crew. Between two and three
hundred were saved ; the rest, with their gallant
commander, perished in the waves 66.
65 Ibid. 465, 6. So afraid were the sailors of fire ships, that
the duke expressly forbad the name to be mentioned during the
action. If any man saw a fire ship approaching, he was ordered
to communicate his suspicion in a whisper to the nearest
officer, 465.
5 Ibid. 467, 8. He appears to have had a presentiment of his
fate. When Evelyn (ii. 369) took leave of him, the carl said,
he should see him no more. " No," lie added, " they will not
CHARLES II. 251
During the afternoon, the other ships joined the CHAP
fleet, and the combatants began to fight on a foot-
in.
1672.
ing of equality. About five it was reported to the
duke, that the St. Michael could with difficulty be ^fS^
kept afloat, on account of the injury which she ghsh.
had received in her hull ; and, trusting again to
his shaloupe, he transported his flag to the London.
De Ruyter was the first to shrink from the conflict.
He sailed about seven to overtake the Zealand
squadron ; and most of the English took the op-
portunity of joining D'Estrees to leeward, while
the duke, with five-and-twenty sail, remained to
the windward of the enemy. Thus terminated
this bloody and obstinate engagement. While we
give due praise to the conduct of the Dutch admi-
ral, and to the bravery of his men, we must not
forget that, with all the disadvantages of surprise,
and wind and tide against them, the cool and
determined courage of the English obtained the
" let me live. Had I lost ti fleet J should have fared better. But
"-be it as it pleases God. I must do something, I know not
" what, to save my reputation." Evelyn tells us that Monk and
Clifford were accustomed to describe the earl's caution as cow-
ardice, and that the words in italics, allude to his expedition to
Bergen. May they not allude to the conduct of Monk, as if he
had said: Had I, by excess of courage, lost a fleet, as Monk
did, I should have fared better ? — " He dined," says Sheffield^
duke of Buckingham, " in Mr. Digby's ship the day before
'* the battle, when nobody dreamt of lighting, and showed
" gloomy discontent, so contrary to liis usual cheerful humour,
" that we even all took notice 01 it; but much more afterwards".
Works, ii. 1 1.
•:.v: history or England.
CHAP, victory. They lost one, their opponents three
™£. ships of the line67.
In the morning, the two divisions of the Eng-
Who im,'~ lisli fleet joined, and it was determined to proceed
sac the J L
Duteh. to the Nore ; but in a short time De Ruyter, who
May 29. j,a(j saiied to the southward, re-appeared ; and
James ordered the line to be formed, and made the
signal to bear down on the enemy. They imme-
diately fled ; a general chase was ordered, and
twice the Dutch ships, disabled in the late action,
were on the point of falling into the hands of the
pursuers, and as often saved by the timely inter-
May 30. vention of a fog. On the second day, the Dutch
found a secure shelter within the Wierings ; and
the English fleet returned in triumph to the
river 68.
Conquests By land, the storm, which had so long menaced
French tne States, soon burst on their most distant fron-
tier. Louis had placed himself at the head of
more than one hundred thousand men, and was
assisted by the counsels of Conde and Turenne.
Orsoi, Burick, Wesel, and Rhinberg, fortresses on
the Rhine, in the possession of Dutch garrisons,
«7 Ibid. 468—471. " The duke of York himself had the no-
" blest share in this day's action : for when his ship was so
" maimed as to be made incapable of service, he made her lye
" by to refit, and went on board another that was hotly engaged,
" where he kept up his standard till she was disabled, and then
u left her for a third, in order to renew the fight, which lasted
" from break of day till sunset." Works of Sheffield, duke of
Buckingham, who was present, ii. 15.
6S James, i. 475, 8.
CHARLES II. 253
opened their gates; the river itself was passed chap.
1G72.
near Schenck in the face of the enemy ; Arnheim,
Naerden, Utrecht, Deventer, Zutphen, and Nime
guen, submitted ; three out of the seven provinces
were torn from the republic, and the French out-
posts established themselves in the vicinity of
Amsterdam 6g. At first the States seemed to
abandon themselves to despair : they were roused
to exertion by the approach of the enemy, and the
sympathy of Europe. The Louvestein faction,
hitherto the ally of France, sunk into insignifi-
cance : the prince of Orange was declared captain-
general of the army, and admiral of the fleet ;
promises of succour were obtained from the
emperor, the king of Spain, and the elector of
Brandenburg ; and attempts were made to detach
Charles from his alliance with the French mon-
arch. The king, indeed, began to waver. The
success by sea had not answered his expectations :
the conquests of Louis threatened to provoke a
general war in Christendom ; and a rupture
between France and Spain would not only over-
turn the treaty of Aix-la-Chapelle, but also deprive
his subjects of the Spanish trade, the most profit-
able branch of British commerce. With his son,
the duke of Monmouth, who, at the head of six
thousand British soldiers, served in the French
army, were joined, as plenipotentiaries, Bucking- Ju»e 12.
f" For the progress of the French army, see CEuvres de Louis,
iii. 130—2+8.
i HISTORY OF ENGLAND.
C HAP. ham, Arlington, and Saville, lately created viscount
1G1'K Halifax. The three latter repaired to the Hague,
where they assured the States of the pacific dis-
position of their sovereign 70, and thence, accom-
July 6. panied by deputies, hastened to the camp of the
French monarch at Heeswick, where, in union with
Monmouth, they signed a new treaty, binding the
two kings to act in concert, and never to conclude
a peace but by joint consent. The separate de-
mands of Charles and Louis were then com-
municated to the Dutch ministers. Charles, on
his part, required, as the basis of peace, the dig-
nity of stadtholder for the prince of Orange, the
honour of the flag as an acknowledgment that
England was mistress of the narrow seas, the
yearly payment of 10,000/. for permission to fish
on the British coasts, indemnification for the
charges of the war to the amount of one million
sterling, and the possession of Flushing, Goree,
and the neighbouring fortresses, as security for
the payment : Louis offered to restore the three
provinces which he had conquered, on condition
that the States should cede to him such places as
they had formerly wrested from Spain, and such
part of their territory as lay on the left bank of
the Rhine : should pay to him an indemnification
of seventeen millions of livres ; should yearly
7' When Buckingham assured the dowager princess of Orange,
that they, the ambassadors, would not use Holland like a mistress,
but love her like a wife ; she replied, " vrayment je croy que vous
" nous aymez comme vous aymez la votre." Temple, ii. 260.
CHARLES II. 255
offer him a gold medal in acknowledgment of his CHAP,
forbearance, but in reality as a satisfaction for 167Q
the insulting medal which they struck at the con
elusion of the triple alliance, and should grant to
their catholic subjects the free exercise of the ca-
tholic worship n. The States, at the persuasion
of the prince of Orange, indignantly rejected these
" Dumont, vii. 205, 6, 8. Miscel. Aul. 71, 72. In the united
and the neighbouring- provinces, the catholics and protestants
were intermixed in considerable numbers, and the intolerance of
the States induced them, wherever their influence extended, to
abolish the exercise of the catholic worship. This was met with
similar intolerance on the other side, and the inconveniences aris-
ing from such a state of things induced the protestant elector of
Brandenburg, and the catholic count palatine of the Rhine, to
conclude in this spring a treaty of equitable adjustment, by which
the churches were divided between the two communions, and
provision was made for their respective ministers out of the pro-
perty formerly belonging to the clergy in the duchies of Cleves,
Juliers, and Berg, and the counties of Mark and Ravensberg.
(Dumont, vii. 171 — 194.) Louis, following the example, de-
manded for the catholics within the territory of the States, the
use of one church where there were two, and the permission to
build another where there was only one, with a decent provision
for the clergyman out of the old church property, or some other
fund. (Ibid. 205.) This demand, however, gave occasion to the
opponents of the court to represent Charles as leagued with Louis
in a crusade for the establishment of popery ; and, to excite
greater irritation, they informed the public that the principal
church in each town was demanded for the catholics. (Burnet, i.
560.) Another falsehood spread at the time was, that Louis as-
sured the States that he would make peace if they accepted his
conditions, whether Charles were satisfied or not. (Marvell, i.
492.) Yet the- contrary is the truth. In article xiii. he declares
that the acceptance of his conditions will not be sufficient ; they
must also satisfy the kiiiy- of England before peace can be made.
Dumont, 206.
'2~>b HISTORY OF ENGLAND.
4
CHAP, proposals. They opened their dikes; the country
1672 was placed under water ; and the progress of the
French arms was suspended.
Proceed- From this moment the war began to languish
Fnoimd k°tn by sea and land. Louis left the camp for
his capital, and while part of his army was em-
ployed to retain possession of his conquests, the
other portion marched to the Rhine to observe the
German princes, who were arming in support of
the States. At sea, Be Ruyter had the prudence
to shun a second engagement ; and the duke of
York cruized in vain off the Dogger Bank to in-
tercept the East India fleet, which found shelter
in the river Ems. Charles, however, continued
faithful to his engagements with Louis, and, to
mark his satisfaction with the conduct of his mi-
nisters, he had raised sir Thomas Clifford to the
peerage, by the title of lord Clifford of Chudleigh ;
created lord Arlington earl of Arlington ; lord
Ashley earl of Shaftesbury ; and honoured Buck-
ingham and Arlington with the order of the gar-
ter. For a while Shaftesbury seemed to monopo-
lize the royal favour; so delighted was the monarch
with the fertility of his invention, and the fear-
lessness of his courage. Charles deemed himself
bound in honour to shelter the bankers, whose
money he had locked up in the exchequer, from
the pursuit of their creditors. They applied for
protection to the court of chancery ; but the lord
keeper hesitated ; he doubted whether it were a
case in which he ought to interfere ; and Shaftes-
Cn MILES II. ':r>T
bury seized the occasion to represent him to the CHAP.
Ill
king as an old dotard unequal to his situation. l67%
The hint was taken : the seal was transferred from
Bridgeman to Shaftesbury ; and the new lord Nov. 17.
chancellor soon exposed himself by his vanity and
self-sufficiency to the ridicule of the bar as well
as the odium of the people. Instead of the sober
and decent robes worn by his predecessors in of-
fice, he appeared on the bench in " an ash-coloured
" gown silver-laced, and full-ribboned pantaloons
" displayed ". In the procession to Westminster-
hall to open the seal, instead of being conveyed
in a carriage, he rode on horseback : and the
king's counsel, the law-officers of the crown, and
the several judges, were compelled to accompany
him in a similar manner, to the great annoyance
of some among these reverend personages ; one of
whom, Mr. Justice Twisden, by the curveting of
his horse was laid prostrate in the mire. In his
court he professed a sovereign contempt for ancient
forms ; his orders were made with rapidity, and
fashioned after his own fancy; for a few days the
counsel did not interrupt him ; but he was after-
wards so harassed with motions for the explanation
and amendment of his orders, that he grew ashamed
of his precipitancy, and the imperious reformer
gradually sunk into the tamest judge that ever sate
on the bench. Mindful, however, of the charge
which he had brought against Bridgeman, he was
careful to stay the proceedings against the bankers
in the inferior courts ; but, at the same time, with
VOL. XII. s
258 HISTORY OF ENGLAND.
C HAP. a prudent regard to his own security, he appointed
1IL a distant day on which he would be ready to hear
1CTO » »
1672.
counsel against this injunction
n
Clifford The elevation of Shaftesbury made a vacancy
treasurer, in the commission of the treasury. Charles dis-
solved the board, and at the recommendation of
Nov. 26. his brother, gave the staff of lord high treasurer
to lord Clifford. The friendship which had so
long subsisted between Arlington and Clifford was
instantly broken. Arlington charged him with
ingratitude, with having by his intrigues sup-
planted his patron and benefactor. But the king
commanded them to be friends. He exculpated
Clifford. The refusal of the staff to Arlington
arose, he asserted, from his own kindness for that
nobleman ; from a wish to spare him the disgrace
and mortification which he would have entailed
upon himself by his want of sufficiency and reso-
lution 73.
Elections It had been expected that in October Charles
prorof a- * would apply to the parliament for money to en-
tl0n- able him to open the exchequer in January ; and
the States flattered themselves with the hope of a
powerful opposition on the part of the commons.
71 James, i. 481. North, 38, 46, 67, 8, 60. It were, how-
ever, unfair to omit the praise allotted him by an enemy.
In Israel's courts ne'er sat an Abethdin
With more discerning eyes, or hands more clean ;
Unbribed, unbought, the wretched to redress,
Swift of despatch, and easy of access.
Dryden, Abs. and Achil.
73 Compare James, i. 482, with Evelyn, ii. 386.
CHARLES II. 259
To their disappointment, the two houses were CHAP.
ill
prorogued till February, and the suspension of 1673\
payment to the public creditors was continued by
proclamation for another half year. Shaftesbury ct °"
improved the interval to add to the number of his
dependents in the lower house. During the pro-
rogation several members had died ; some had
been called to the house of lords. Instead of
waiting till the parlianfent assembled, he issued
write out of chancery for new elections ; these
writs, with recommendations from the court, were
entrusted to the hands of the persons whose re-
turn was desired ; and they, availing themselves
of the opportunity, in general secured their elec-
tion. It was, however, observed that almost all,
whether designedly or not, were dissenters ; this
circumstance awakened the anger of the cavaliers
and the churchmen ; and a resolution was taken
to dispute the legality of the writs, and conse-
quently of the returns. Colonel Strangeways, an
old cavalier of the first opulence and influence in
the county of Devon, whose friends had been de-
feated in four instances by the arts of Shaftesbury,
placed himself at the head of the opposition 7i.
At the opening of the session the king and the Opening
chancellor successively addressed the two houses. °~ £* "
Charles was an ungraceful orator, but on this oc- 16r3
casion he spoke with an ease and dignity which Feb. 5.
surprised his hearers. Shaftesbury dilated on the
74 Misccl.Aul.7f*. Pjrker, 262, 1. North, 56.
H 2
260 HISTORY OF ENGLAND.
CHAP, different topics, which had been mentioned by the
1673 king. He justified the declaration of indulgence,
and the shutting up of the exchequer ; he assumed
that the war was popular, and that the pretensions
of the Hollanders were so inconsistent with the
rights of Great Britain, that " Carthage must be
" destroyed " ; he ridiculed the jealousy of those
who feared that the army raised on account of the
war might afterwards \rl employed against the
liberties of the country, and solicited a plentiful
supply, to disappoint the expectations of the
enemy and secure a speedy and profitable peace 75.
The new jo^ rpjie ^rst 0Dject which occupied the attention
elections ° x
cancelled, of the commons, was the legality of the writs
issued during the prorogation ; and in this they
obeyed the command of the king, whether he al-
Feb. 6. ready began to withdraw his confidence from
Shaftesbury, or was desirous to propitiate the
men who had displayed so much devotion to his
j)erson. That the chancellor had acted according
to the precedent of former times, was certain :
the claim set up by the house, that the order for
the writ must originate with the speaker, could
not be traced to an earlier period than the year
J 640 ; and it seemed reasonable to conclude, that,
like the other prerogatives of the crown, this had
also been recovered at the restoration. But the
house of commons has never surrendered a privi-
75 L. Journ. 523—6. Miscel. Aul. 98.
CHARLES II.
261
lege which it has once exercised : it was contended C HAP.
. in
that numerous inconveniences would arise from 1673*.
the right claimed by the chancellor ; and a reso ■
lution was passed that the elections were void, and
that new writs should be issued in virtue of a
warrant from the speaker. The disappointment
opened the eyes of Shaftesbury to the real charac-
ter of the prince whom he served. He saw that
Charles was fonder of ease than of power, more
disposed to conciliate than to compel, and more
likely to sacrifice an obnoxious minister than to
put down a fierce and stubborn opposition ~6.
2°. The house proceeded, in the next place, to The sup-
the consideration of the supply, and, by an una- C, y vo £
nimous vote, fixed it at the amount of 1,260,000/.,
to be raised by eighteen monthly assessments.
For this liberal and unexpected grant, Charles was
indebted to the exertions of the two leaders of the
opposition, Garroway and Lee, who did not escape
the suspicion of having sold themselves to the
court, though their friends endeavoured to account
for their conduct on the specious ground, that they
deemed it politic to hold out to the king so large
a sum as a temptation to his indigence. He had
assured them in his speech, that " he would stick
to his declaration of indulgence ". They meant
to put his resolution to the test. If he yielded,
" C. Journ. Fib. G. Pari. Hist. iv. 507—12. Parker, 262—5.
< >i leans, 212.
262 1IISTORV OF ENGLAND.
CHAP, the money was at his command; if he persisted,
l6VA no steps would be taken to perfect this previous
■ vote '".
Address 30. The country party now directed all their
dedara- efforts to procure the recal of the declaration. Of
duT ence" tne indulgence itself they affected not to disap-
prove : their objections went to the form. They
were willing to extend relief to the protestant
dissenters, but it must be done in a parliamentary
way. The royal authority was bounded by the
same limits in ecclesiastical as in civil matters :
the king might remit the penalties of the offence,
but he could not suspend the execution of the
law. By the courtiers the claim of the preroga-
tive was feebly supported on the ground of ne-
cessity ; because the power of dispensing with
the law must reside somewhere ; otherwise nu-
merous cases might arise during the intervals of
parliament, in which the welfare, the very safety
of the state, would be sacrificed to an impolitic
and unreasonable jealousy. After a long and
Feb. 10. adjourned debate it was resolved by a majority
of one hundred and sixty-eight to one hundred
"7 Com. Journ. Feb. 7. Burnet, ii. 13. We are, however, told
by North, that sir Thomas Lee, Mr. Garroway, and sir Thomas
Meres, " the bell-weathers of the country party ", obtained places
ill the customs, admiralty, and excise, for their occasional com-
pliance with the court (p. 456) ; and lord Dorchester asserts that
Lee received for his services on this occasion the sum of 6000/.
which one of the clerks of the treasury brought in a hackney-
coach to Fleet-ditch, where Lee met him. At a signal they
stopped, changed coaches, and drove away. Burnet, ii. 83, note.
CHARLES II. 263
and sixteen, that " penal statutes in matters CHAP.
ill
" ecclesiastical cannot be suspended but by act of 1673.
" parliament " 78, and this resolution was em-
bodied in an address presented to the king. FeI)- 14-
Charles required time to consider the question,
and then replied, that he was sorry they had Feb. 24.
questioned his ecclesiastical authority, which had
never been questioned in the reigns of his ances-
tors ; that he pretended to no right of suspending
any laws concerning the properties, rights, or
liberties of the subject ; that his only object in
the exercise of his ecclesiastical power, was to
relieve the dissenters ; and that he did it not with
the intention of avoiding the advice of parlia-
ment, but was still ready to assent to any bill
which might be offered to him, appearing better
calculated than his declaration to effect the ends
which he had in view, the ease of all his subjects,
and the peace and establishment of the church of
England. But this answer was voted insufficient ;
and a second address informed him that he had Feb. 26.
been misled by his advisers ; that the power of sus-
pending statutes in matters ecclesiastical had never
been claimed or exercised by his ancestors ; and
that his faithful commons prayed from his good-
ness a more full and satisfactory reply to their
petition 79.
78 C. Joum. Feb. 10. Yet Burnet describes it as " a very una-
" nimous resolution", ii. 6.
'■} C. Joum. Feb. 14, 24, 26. L. Joum. xU. 540. Pari. Hist.
iv. 518— 31-, 46—41.
CG4
IIISTOllY OF ENGLAND.
CHAP. By Charles this second address was received as
ill
1073. an insult. He declared that he would dissolve
the parliament rather than submit to the dictation
smpeais to °^ n*s enemies- Shaftesbury, Clifford, Bucking-
tile lords, ham, and Lauderdale applauded his spirit : the
duke of York, though he differed from them on
most subjects, concurred with them in this. Con-
cession, it was argued, had been the ruin of the
father, it would prove the ruin of the son : to
bend in one instance would only lead to additional
demands. Let him assume a determined and
authoritative tone ; let him show that he would
never resign a single right of the crown ; the
opposition would then melt away, and the proud-
est of his opponents would learn to crouch at the
feet of the sovereign. Animated by their dis-
course, Charles gave himself credit for a degree
of resolution which he did not possess : and, when
Arlington conjured him to yield, scornfully re-
jected the advice of his timid and time-serving
counsellor. It was determined to oppose one
house to the other. In a short speech to the
March i. lords, the king complained of the encroachments
of the commons, ordered their addresses and his
answers to be laid on the table, and solicited the
advice of the peers, the hereditary counsellors of
the crown. Clifford spoke with his accustomed
boldness ; but Shaftesbury, who began to doubt
of the result, betrayed a disposition to court
popularity. His individual opinion was, he said,
in favour of the prerogative ; but he would not ven-
CHARLES II. 265
ture to place it in the balance against the authority CHAP,
of so august a body as the house of commons. 1673*
After a lono- debate, the lords resolved without a
division, that the king's proposal to settle the March 4-
question in a parliamentary way was a good and
gracious answer so.
The public had watched with intense interest He can-
these proceedings in parliament, and many thought jCec] rie_
that they discovered in them the certain prognos- tion-
tics of a second civil war. By the States the
hope of a dissolution was cherished : thus the aid
of 1,260,000/. would be intercepted, and the king
be compelled to conclude a peace, or to adopt the
defensive system which had been attended with
indelible disgrace in the late war. The sagacity
of Louis suggested to him the apprehension of
similar results. By his order Colbert waited on March 7.
the king, represented to him the disastrous con-
sequences of a breach between him and the
parliament, exhorted him to yield for the moment,
and promised on the return of peace, to aid him
with men and money for the purpose of recover-
ing the rights, which he might be induced to
surrender. The resolution of Charles was already
exhausted by its previous efforts : he willingly
listened to the counsels of the ambassador : the
8n L. Journals, xii. 589, 543. Dalrymple, 31. 89. Orleans, 210.
Burnet, ii. 7, K. There is, however, in Burnet's narrative, so
much unquestionably false, that it is difficult to judge what may-
be probably true. But his account of Shaftesbury's speech is
confirmed by the lord keeper Guilford. Dalrymple, ii. 90.
'266
IIIST011Y OF ENGLAND.
chap, promise of money, always welcome to his indi-
1673. gence, was gratefully accepted ; but as far as
regarded military aid, that, he said, should never
be solicited by him against his subjects, unless he
were reduced to the last extremity by another
rebellion. The same evening, sending for the
declaration, he cancelled it in the presence of the
March 8. ministers, and the next morning made a solemn
promise to the lords and commons, that " what
had been done with respect to the suspension of
the penal laws, should never be drawn into con-
sequence ". The two houses testified their joy by
acclamation ; and in the evening numerous bon-
fires illuminated the streets of the metropolis81.
4°. It may excite surprise that the dissenters
did not rally round the throne, in defence of a
measure, in which their interests were so deeply
concerned. But it was an age in which religious
antipathies exercised an unbounded influence over
the judgments of men. The knowledge that the
duchess of York had died a catholic, the suspicion
that the duke of York, the presumptive heir to
the crown, had embraced the catholic faith,
and the fact of the alliance with France, a catho-
lic power, against the Dutch, a protestant state,
were confidently brought forward to prove the
existence of a most dangerous conspiracy against
all the reformed churches ; the declaration of
indulgence to tender consciences was represented
The test
act intro
duced.
il Dalryiuple. if. <J3— ti. L. Jonrn. xii. oVJ.
1673.
CHARLES II. 267
as the first of the measures devised by the con- chap.
spirators for the accomplishment of their unholy
purpose ; and the dissenters were exhorted and
solicited to surrender the advantages which it
promised them, for more secure, though, perhaps,
less extensive relief to be granted by act of par-
liament. These arguments had weight with num-
bers : their jealousies and apprehensions were
awakened ; they consented to sacrifice their per-
sonal interest to the general good, and joined
in the popular cry, which demanded additional
securities for the reformed faith 82. Of these
securities, the first regarded the small force lately
raised to be employed on the continent. It was
remarked that Fitzgerald, the major-general,
with a few other officers, was a catholic, and that
Schomberg, the commander-in-chief, though a
calvinist, was not only a foreigner, but also held
high rank in the French army. Why, it was
asked, were such men selected for the command ?
Did there not exist an intention of employing
them, at the conclusion of the war, to establish
popery and arbitrary power ? To remove these
fears, an address was voted, requesting the king
to discharge from the army every officer and sol-
dier who should refuse to take the oaths of alle-
giance and supremacy, and to receive the sacra-
ment after the rite of the church of England, and
to admit no man, thereafter, into the service, who
'2 Guilford apiul Dalrymple, ii. 91.
-68 HISTORY OF ENGLAND.
C II A P. did not take the oaths before the first, and the sa-
1C73. crament before the second muster. Charles return-
ed a satisfactory answer R3 ; and the anticatholics,
elate with their victory, proceeded to urge the
exclusion of those who were the objects of their
jealousy, from civil as well as military affairs.
The suggestion of a test for this purpose came to
them from a quarter, whence it was not to have
been expected, — from Arlington, the reputed
papist. But to Arlington it presented several
advantages. It would remove from him the
suspicion of catholicity ; it would enable him to
gratify his resentment against Clifford : it would
bring once more within his reach the treasurer's
staff, the great object of his ambition ; and it would
serve to screen him from danger, by creating in
his favour an interest among the popular leaders.
By them the proposal was gratefully accepted,
under the expectation that such a test would solve
the question of the duke of York's religion, and,
by stripping him of office, exhibit him to the
people in a state of political weakness and de-
gradation. Neither did the chiefs of the court
party prove more hostile than their opponents, to
a measure which opened to them the prospect of
power and emolument, from the resignations and
removals which it would inevitably occasion. Even
the king himself was brought to give his consent.
The passing of the test was represented to him as
83 L. Journ. xi. 517, 8, 9.
CHARLES II. 269
the only condition on which he could hope to CHAP.
obtain the liberal supply that had been voted ; and /g1/^
to a prince, with whom, as it was observed, " logic,
" built upon money, had more powerful charms
" than any other sort of reasoning," this considera-
tion proved a convincing argument. If he felt at
all for his brother, he probably strove to persuade
himself that James would never sacrifice the pos-
session of office to the profession of his religion 64.
In conformity with the suggestion of Arlington, And pass-
the house of commons resolved, that everv indi-
Feb 28
vidual, " refusing to take the oath of allegiance
" and supremacy, and to receive the sacrament
" according to the rites of the church of England,
" should be incapable of public employment,
" military or civil ;" and a bill was introduced
requiring, not only that the oaths should be
taken, and the sacrament received, but also
that a declaration against transubstantiation
should be subscribed by all persons holding office,
under the penalty of a fine of 500/. and of being
f* The French ambassador supplies the information respecting
Arlington and his object (Dalrymple, ii. App. p. 90) ; Marvell
respecting the motives of the king, and the leaders of the oppo-
site parties. Marvell, i. 494, o. Neal attributes the test act to
an omission on the part of the king, whom he represents as re-
turning no answer to the petition of the two houses for the re-
moval of Catholics from office. (Neal, ii. 693.) But their petition
did not ask for any such removal, and it was posterior in time to
the resolution for a test. The petition was presented March 7 :
and the resolution was passed Feb. 28. See Journals on these
days.
270 HISTORY OF ENGLAND.
CHAP, disabled to sue in any court of law or equity,
*}}' to be guardian to any child, or executor to any
person, or to take any legacy or deed of gift,
March 12. or to bear any public office. In the lower house,
a feeble opposition was offered to the clause im-
posing the declaration, on the ground that, to
make the disavowal of a speculative opinion, the
qualification for civil office, was contrary to the
nature of a civil test, and calculated to render
men hypocrites or atheists. In the upper house
the principal novelty in the debate was furnished
by the earl of Bristol, who, though a catholic,
March 15. argued in support of the test. That considerable
alarm existed, could not, he said, be denied. It
mattered little whether it was well founded or not.
The more groundless the panic was, the more
rapidly it would spread. If, then, the bill tended
to lull the apprehensions of the people, it deserved
the approbation of the house. It did not enact
new, it did not enforce even the old, penalties
against the catholic worship. It went merely to
remove a few individuals from offices which they
could not exercise without scruple and dissimula-
tion. For himself, he was no wherryman in
religion, to look one way and row another. He
was a catholic, attached to the church, but not
to the court of Rome. He should vote, indeed,
against the bill, because it contained expressions
to which he could not conscientiously assent ; but
he hoped that the house would adopt it, as a mea-
sure of prudence, calculated to prevent mischief,
CHARLES II. 271
and to pacify discontent. By this speech, Bristol chap.
obtained the reputation of a patriot : the reader l67^
will, perhaps, think him a hypocrite ; for he pre
vailed on the parliament to adopt a proviso in his
favour, securing to him and his wife a large pen-
sion from the crown, and exempting them, and
them alone, from the obligation of taking the
test 85.
5°. The bill passed the house of lords, as it had Dissent-
passed that of the commons, without provoking a bill,
division ; and it may reasonably be asked, how it
happened that it received no opposition from the
dissenters, when it was so framed as to compre-
hend them, though its avowed object was the
exclusion of others ? They seem again to have
suffered themselves to be duped by the artifice of
their pretended friends. With the bill for the test,
was introduced another for ease to protestant dis-
senters, and thus their objection to the first was
neutralized by their hopes from the second. But
while one passed rapidly through the house, the
other crept slowly on : new questions successively
arose, and day after day was spent in debating,
what quantity of relief should be granted, to
what description of non-conformists it should
extend, and for how long a time it should be con-
tinued. The house at length agreed to confine the
benefit to those dissenters who objected only to the
M C Jouni. Mar. 12. L.Jouni. 557, 9, 561, 7, 0. P*rL Ilibt.
iv. 5(>1 — (i. St. 25 Car. ii. c. 5.
~7'2 HISTORY OV ENGLAND.
CHAP, articles of discipline, and were willing to subscribe
ill. .
1(i73 the articles of doctrine of the church of Eng-
land, to allow all such to hold separate meetings
for the purpose of religious worship, to exempt
them from the penalties for absence from the
parish church, and to repeal in their favour the com-
pulsory declaration of assent and consent ordained
March 17. by the act of uniformity. In this shape the bill
was forwarded to the house of lords, where it
received numerous amendments : to some of these
March 2i. the commons objected ; and, though the king
warned them of the approaching termination of
the session, no care was taken to come to an agree-
March 29. ment. On Easter eve, the parliament was ad-
journed at nine in the evening ; before it met again
a prorogation followed, and the hopes of relief
which the dissenters had been encouraged to
cherish, were utterly extinguished 86.
Remarks. In the history of this session, it is worthy of
notice: 1°. that not a murmur was heard from
the ranks of the opposition against the war, or
the alliance with France, or the suspension of
payments in the exchequer. Of these great sub-
jects of complaint, no mention is made either in
the addresses or the debates. But not only was
silence observed ; in addition, an act of grace was
passed, which, by pardoning all offences committed
before the 25th of March, covered the ministers
from the risk of subsequent punishment. It seems
K(i Lords' Journ. 361, 1, 371, G, 9, 5Si. Pail. Hist. iv. 533 —
VI, 331— (>, 371—3.
CHARLES II. 289
be devoted to the consideration of grievances, the chap.
next to the consideration of the supply? Why 167^
should not the clamours against evil counsellors
be reduced to specific charges, and the accused be
permitted to justify themselves " 14 ?
3°. But their opponents adhered steadily to their Proceed-
own plan, and proceeded to consider, in the first Snst
place, the case of the duke of Lauderdale. It was Lander-
alleged against him, that as chief of the adminis- T
tration in Scotland, he had raised an army for
the purpose of employing it to establish arbitrary
power in England, and that at the council in
England, when a magistrate was charged before
it with disobedience to the royal declaration, he
had said, " your majesty's edicts are equal with
" the laws, and ought to be observed in the
" first place ". It was " resolved that an address
" should be presented to the king to remove
" Lauderdale from all his employments, and from
the royal presence and councils for ever 15 ".
Buckingham, aware that he was destined to Against
• ,• i. •, i i i , • t Bucking-
be the next victim, solicited and obtained per- ham.
mission to address the house. His first speech Jan. 13.
was confused and unsatisfactory ; nor did his J;U1- l*-
second, on the following day, supply the defi-
ciencies of the former. He represented himself
as a man, who had spent a princely fortune in
the service of his country ; and reminded his
" Pari. Hist. iv. 620.
>s C. Journ. Jan. 13. Pari. Hist. iv. 625 30.
VOL. XII. U
..
IV.
1671
290 HISTORY OF ENGLAND.
(II A P. hearers of the patriotism with which he had once
braved the resentment of the court. He offered
• nothing in defence of the conduct of the ministry;
but sought by evasion and falsehood to shift the
responsibility from himself. Some of their mea-
sures he pretended that he had opposed, in con-
junction with the earl of Shaftesbury ; some he
imputed to lord Clifford, who was no longer alive
to rebut the charge ; some he openly attributed
to his known enemy, the earl of Arlington ; and
of others he darkly insinuated that the blame lay
with the royal brothers, by the enigmatical re-
mark, that a man might hunt the hare with a
pack of beagles, but not with a brace of lobsters.
His submission obtained for him some indulgence
from the house. It was voted, indeed, that, like
Lauderdale, he should be removed from the royal
presence and councils ; but with respect to office,
only from those employments which he held dur-
ing pleasure ; words that left him at liberty to
dispose by sale of such as he held by patent 16.
To the address against him, as well as that against
1S C. Journ. Jan. 13, 14. Pari. Hist. iv. 630—49. Burnet, ii.
38. Reresby, 24. At the same time the house of lords was
employed in an inquiry arising out of the complaint of the trustees
of the young earl of Shrewsbury, against the duke of Bucking-
ham and the countess dowager of Shrewsbury; and an award
was made that " the duke should not converse or cohabit with
" the countess for the future, and that each should enter into
" security to the king's majesty in the sum of ten thousand
u pounds a-piece for that purpose ". L. Journ. xii. 628.
CHARLES II. 29l
Lauderdale, Charles briefly replied, that he would CHAP,
take it into consideration. i674.
Against Arlington was exhibited an impeach-
ment of treason, and other crimes of high misde- a^{ust
meanor, in a great number of articles, arranged Arlington.
under the three heads of promoting popery, em- an' 15,
bezzling and wasting the royal treasure, and be-
traying the trust reposed in him as privy counsel-
lor. Of these articles three parts in four had
evidently no other foundation than suspicion and
report, and the ease with which they were re-
futed served to throw ridicule on the whole
charge. Arlington addressed the house with
more firmness than had been expected. To the
assertions of Buckingham he gave the most
pointed contradiction ; and represented the injus-
tice of imputing to one counsellor the blame or
merit of measures which had been adopted in
consequence of the judgment and advice of the
whole board. Arlington had secret friends among
those who appeared openly as his enemies : they
acknowledged that there was much force in his
arguments ; and the motion to inflict on him the
same punishment as on Lauderdale was rejected
by a majority of forty voices. All that his ene- Jan. 20.
mies could obtain, after a debate of five days,
was the appointment of a committee to inquire, Feb. 1.
what part of the articles could be so far esta-
M
Wished as to furnish ground for impeachment ;
and this committee, whether it was through the
difficulty of procuring satisfactory proof, or the
u 2
292 HISTORY OF ENGLAND.
CHAP, intrigues of the leaders in favour of the accused,
1674. never presented any report 17.
By the lords the conduct of Buckingham and
the house Arlington, who had condescended to plead their
of lords, own cause before the house of commons, was
considered derogatory from the dignity of the
.ran. 20. peerage ; and a standing order was made, that no
peer should answer any accusation before the
commons in person, or by counsel, or by letter,
under the penalty of being committed to the cus-
tody of the black rod, or to the Tower, during
Jan. 13. the pleasure of the house. In obedience to ano-
ther order all the peers in attendance, whether
protestants or catholics, took the oath of alle-
giance, which had been framed in the third year
of James I., as a renunciation of the temporal
claims ascribed to the pope, and of the anti-social
doctrines imputed to the catholics. The duke of
York hesitated at first. It had never been pro-
posed to princes standing in the same relation
with himself to the throne, and he was unwilling
to establish a precedent to bind those who might
succeed him. But, some of the lords making a
distinction between heir-presumptive and heir-
Jan. 14. apparent, he waived the objection, and took the
oath in the same manner as all the other members
of the house 18.
17 C. Journ. Jan. 15, 20, 21. Feb. 18. Pari. Hist. iv. 649—57.
Burnet, ii. 38.
18 Lords' Journ. xii. 606, 8, 12. Macph. Pap. i. 71.
CHARLES II. 293
111 the meanwhile the commons betrayed no CHAT.
IV.
disposition to grant a supply, and Charles, weary 1674-
of the war, sought some expedient to disengage
himself without disgrace from his connexion with $fPSeace
France. The allied sovereigns no longer retained from the
that proud superiority which they had won in the
first year of hostilities. By sea the English had
gained no considerable advantage : by land the
tide of success had turned in favour of the States.
Spain and Austria had come forward to their aid:
Montecuculli, the imperial general, had deceived
the vigilance of Turenne, and laid siege to Bonn ;
the prince of Orange, having reduced Naerden,
by a bold and skilful march joined Montecuculli :
Bonn surrendered ; and the army, which main-
tained the French conquests in the united pro-
vinces, cut off from all communication with the
mother country, was compelled to make a preci-
pitate retreat on the ancient frontiers of France.
At this moment, the States made to Charles, Jan. 21.
through the Spanish ambassador, Del Fresno, an
offer of acceding to the terms which they had
refused at the congress of Cologne 1'). This un-
expected step was differently interpreted by their
friends and foes : the truth is, that the concession
was the price at which the States had purchased
the aid of Spain. The queen-regent refused to
engage in a war with England ; and her ambas-
sador, when he signed the public treaty of alli-
'' L. Joiun. 616-
294 HISTORY OF ENGLAND.
CHAP, ance, received from the States a secret power of
1674 negotiating with the English king on the follow-
ing basis ; that the conquests on each side should
1673. De restored ; that the honour of the flag; should
Aug. 20.
be yielded to Charles ; and that a sum of money,
not exceeding 800,000 crowns, should be paid to
him as an indemnification for the expenses of the
war 20. Whether Louis had obtained information
of the secret, is uncertain. During the autumn
he refused the king an advance of money ; now
he offered, through his ambassador Ruvigni, a
large sum towards the equipment of the fleet.
But Charles had communicated the proposal of
the States to both houses of parliament, and had
been advised by them to commence the negotia-
tion. He replied to Ruvigni, that he had gone
too far to recede ; that necessity prevented him
from supporting France any longer as her ally,
but that he still hoped to be of service to his good
brother as mediator between him and his oppo-
nents. Sir William Temple was appointed to
negociate with Del Fresno ; in three days, the
articles were satisfactorily adjusted ; and Charles
announced to his parliament, that he had con-
Feb. n. eluded " a speedy, honourable, and, he trusted, a
" lasting peace 2
21 »
20 Dumont, vii. 242.
■" L. Journ. 925, 8, 32. Dalrymple, ii. 96. Temple, ii. 247 —
50. It appears that now the committee for foreign affairs, or the
cabinet council, consisted of Finch, lord keeper, viscount Latymer,
lord treasurer, and the earl of Arlington, and sir Henry Coventry,
secretaries of state. Temple, ibid.
CllAKLES II. 295
By this treaty, the king obtained the substance CHAP.
of his demands in the summer of 1672, with the 16?4,
exception of an acknowledgment for the permis- ■
sion to fish in the British seas, the mention of rea y'
which was carefully avoided by both powers.
The States consented that their ships and fleets
should lower their flags and topsails to every
British man of war, on any part of the sea from
Cape Finisterre to Van Staten in Norway, as a
matter of right, and not merely of compliment ;
that the English settlers in Surinam should be
freely permitted to leave that colony in English
ships ; that all subjects of dispute between the
East-India companies of the two nations should
be referred to the decision of arbitrators to sit in
London ; that whatever questions might not be
determined by them in the space of three months
should be referred to the decision of the queen-
regent of Spain ; and that the States should pay
to the king of Great Britain the sum of eight
hundred thousand crowns by four yearly instal-
ments. Charles had formerly demanded for the
prince of Orange the dignity of stadtholder,
admiral, and captain general, both to him and his
posterity for ever : but the States prevented the
agitation of the question by conferring those
offices on him and his heirs a few days previously
to the opening of the negotiation 22.
m Dumont, vii. 253. There was added a secret article, that
neither power should assist the enemies of the other ; but this was
explained to mean, not that Charles should recal the English
296 HISTORY OV ENGLAND.
C II A P. The reader is already aware, that ever since the
1674 fall of Clarendon, the violent opponents of that
1 nobleman feared the resentment of the duke of
a^amsT York, and considered their own safety to be inti-
the duke mately connected with his exclusion from the
throne. The duke's subsequent adoption of the
catholic creed had furnished them with an advan-
tage of which they were not slow to avail them-
selves. They appealed to the religious passions
of the people ; they magnified the danger which
threatened the established church ; and they
called for the establishment of securities, which,
though they equally affected the whole body of
catholics, were in the intention of the framers
chiefly directed against the duke's right to the
succession. Their first step towards his exclusion
was the enactment of the test, which not only
stripped him of the extensive influence attached
to his office of lord high admiral, but held him
out to the people as unfit to be trusted with em-
ployment under government, and consequently
still more unfit to fill the most exalted magistracy
in the state. Their next attempt was to expel
him from the house of lords, and from the coun-
cils and the presence of his brother ; and for this
purpose they had devised a more comprehensive
troops serving in the French army, but that he should not suffer
them to be kept up to their full complement by recruits. Temple,
ii. 250.
CHARLES II. 297
test'23; and moved in the last session, that who- CHAP,
ever refused to take it should be disabled from l67'^
sitting in parliament, and prohibited from ap- ■
proaching within five miles of the court. This
bill had been arrested in its progress by the pro-
rogation : it was now introduced a second time
under more favourable auspices. Yet so nu-
merous were the questions urged on the attention
of the house, so long and tedious the debates, that
its patrons were unable to carry it farther than
the second reading before the prorogation of par- Feb. 24.
liament. At the same time, in the house of lords,
a different plan of securities had been devised and
adopted : to disarm all catholics ; to prevent the
princes of the blood from marrying any but pro-
testants, and to provide that all the younger
branches of the royal family, the eldest sons of
catholic peers, and all the children of other catho-
lics, if the father were dead, should be brought
up protestants. The earl of Carlisle moved, that
to a prince of the blood, the penalty for marrying
a> The notion of a more comprehensive test originated from the
small number of resignations, which had followed the enactment
of the last. It had disappointed the expectations of its more
ardent advocates. (Marvell, i. 4-58.) Instead of inferring, which
was the truth, that they had overrated the real number of catho-
lics in office, they included in the new test a denial of more of the
catholic doctrines; as if the men, if any such there were, who had
not hesitated to abjure a part of their creed for the preservation
of their places, would not as readily, through the same motive,
abjure the remainder.
of that
prince
298 HISTORY OF ENGLAND.
CHAP, a catholic should be the forfeiture of his right to
167J the succession. He was warmly supported by
Halifax and Shaftesbury, and as warmly opposed
by the lord keeper, and the earl of Peterborough :
the bishop of Winchester, with several of the
prelates, came to the aid of the latter, maintain-
ing that such a penalty was inconsistent with the
principles of Christianity, and the doctrine of the
church of England ; and after a long and ani-
mated debate, the amendment was rejected by a
triumphant majority M.
Projects The duke of York had now but a cheerless
prospect before him. He was fully aware of the
object of his enemies, of the talents and influence of
some, and of the reckless unprincipled characters
of others. He saw that his power and popularity
were gone ; the wavering disposition of his bro-
ther forbad him to place his reliance on the
support of the throne ; and the victory, which he
had recently obtained in the house of commons,
was so trifling, that it could not impart confidence,
though it might exclude despair. The first expe-
dient, which suggested itself to his mind, was a
dissolution of parliament : but the result of ano-
ther election was uncertain ; and Charles had
always betrayed an insuperable dislike to the
experiment. He would, he said, try the temper
of the house of commons once more. If they
^ L. Journ. xii. 618, 626, 647, 9. C. Journ. Jan. 21.; Feb. 5,
20. James, i. 489. Macph. 71, 2, 5, 9.
CHARLES II. 2.09
granted him a supply, they should continue to CHAP.
sit : if they refused, he would then dissolve them. 167^_
The duke next resolved to retard, as much as was
in his power, the meeting of parliament, the only
opportunity which his enemies would have of
accomplishing their purpose'25. But for this it
was necessary to supply his brother with money ;
and money could be procured only from the king
of France. Fortunately, however, for his object,
the views of Louis, in respect to the meeting of
parliament, coincided with his own.
That prince, though deserted by his ally, still Proroga-
proved a match for his enemies. If he lost Grave, J^a-
he had gained several battles ; and the relinquish- ment-
ment of his conquests in the Netherlands had
been more than balanced by the acquisition of the
important province of Franche-comte. Yet he
had reason to dread the accession of England to
the confederacy against him, and willingly listened
to the duke of York who suggested that he should
purchase the neutrality, by relieving the wants of
his English brother. The sum demanded was Aug.
400,000/. ; but Louis pleaded the immense charges
of the war, and the exhaustion of his treasury ;
Charles descended to 300,000 pistoles ; 500,000
crowns were at length offered and accepted ; and Aug. 23.
the parliament was prorogued by proclamation Nov. 10.
from the 10th of November, to the 13th of April.
All parties professed themselves satisfied. Charles
" Coleman's Litter in Journals of the Com. ix. 525.
300 HISTORY OF ENGLAND.
CHAP, obtained a temporary relief from his pecuniary
i(i74. embarrassments ; Louis was freed from the appre-
hension of a war with England during the ap-
proaching year ; and James had gained an addi-
tional delay of five months to watch the secret
intrigues, and prepare against the intended attack
of his opponents '26.
Duke of But whom, it may be asked, did those oppo-
mouth. nejits mean to substitute in his place as presump-
tive heir to the crown ? Hitherto they had fixed
their eyes on the young duke of Monmouth ; nor
was it unreasonable for them to hope that the
king's partiality for his son would serve to recon-
cile him to the exclusion of his brother. Neither
did Monmouth himself appear indifferent to the
splendid prize which solicited his pursuit, or prove
inattentive to the suggestions of those who flat-
tered and irritated his ambition. By their advice,
he begged of Charles the appointment of com-
mander-in-chief, which had been abolished, at the
death of Monk, as an office dangerous to be placed
in the hands of a subject, at a time when revolu-
aU Dalrymple, ii. App. 98, 9. Dalrymple observes that the in-
formation in the letters of Ruvigni tallies well with the beginning
of Coleman's correspondence. It does more. It shows the busy,
intriguing disposition of Coleman, which was so well known to
the duke, that he was not trusted by him. Coleman sought to
procure money from Louis through Ferrier and Pomponne, at the
very time when this bargain was concluded with Ruvigni; and so
ignorant was he of its existence, that he afterwards attributes the
prorogation to the advice given by himself and his friends. Cole-
man's Letter, Com. Journ. ix. 526.
CHARLES II. 301
tionary principles were still cherished in the chap.
country. James was alarmed : he remonstrated 167^,
against the measure ; but the affection of the king
refused to listen to his arguments, and the patent
was engrossed, and received the royal signature.
The duke of York, however, had his suspicions.
He took it up from the table ; his jealous eye im-
mediately discovered several erasures ; and these,
on examination, proved to be obliterations of the
word " natural," wherever Monmouth was de-
scribed as the son of the king. Charles felt in-
dignant at the fraud which had been practised
upon him : he tore the paper into fragments ; but
his anger quickly subsided ; the offence was for-
given, and Monmouth obtained a second patent,
drawn, however, in proper form, and with the
admission of the obnoxious epithet. Still his ad-
visers were not satisfied. They instructed him to
ask also for the command of the Scottish array,
the levy of which they attributed to views hostile
to the liberties of England. The king, with his
usual facility, granted the request ; but when
Monmouth insisted that this commission should
be drawn for life, and without mention of his
illegitimacy, he was disappointed in both points
by the vigilance and firmness of Lauderdale 2;.
57 James, i. 496, 7. The next year the duke of York was more
successful. Russell, colonel of the foot guards, solicited leave to
sell his commission, and the king agreed to purchase it for the
earl of Mulgrave, who was afterwards duke of Buckingham-
But Mulgrave had seduced the mistress of Monmouth, who, in
30'2 HISTORY OF ENGLAND.
C HA P. A second, and in many respects a more formid-
1674* able rival, was William, prince of Orange, the
next in succession to the crown after the dnke of
itrigues York and his children. William was a protestant ;
Orange
of the
prince of his heroic exertions in defence of his country had
exalted him in the eyes of all who dreaded the
ambitious designs of the French monarch ; and
some of the popular leaders in England had not
hesitated to pledge themselves to his service and
to advocate his interests, even at a time when he
was at war with their sovereign. The correspond-
ence between them passed through the hands of
Du Moulins, who, on suspicion of treachery, had
been dismissed from the office of lord Arlington,
and had obtained in Holland the appointment of
private secretary to the prince. His agents in
England were Frymans, a Dutchman, and Wil-
liam Howard, the member for Winchelsea, and
afterwards lord Howard of Escrick. The first
was screened from detection by his obscurity ; but
the discovery of certain important documents,
revenge, extorted, by his importunity, from the king a promise of
the regiment for himself (1675. Ap. 24). Mulgrave spoke to the
duke. He observed to him, that as the regiment of two thousand
four hundred men formed the strength of the army, the succession
to the crown might one day depend on the fidelity of its comman-
der. James instantly caught the alarm. He applied to the king,
to Monmouth, to the minister, but in vain. At last he prevailed
on Russell, in consideration of a valuable present, to tell the king
that he repented of his design: that it would break his heart to
leave the service of his sovereign. Thus Monmouth was dis-
appointed. Buck. Memoirs, ii. 33—38. Macph. i. 84.
CHARLES II. 303
furnished to the States by Howard, led to his CHAP.
IV
incarceration in the Tower, where he purchased 1674.
his pardon by an ingenuous confession. The king
then became acquainted, for the first time, with
the plan arranged between the prince and his Eng-
lish adherents, guided, as it was believed, by
Shaftesbury, during the last winter, — that the
Dutch fleet should suddenly appear at the mouth
of the river ; that they should improve the panic
which it would occasion, to raise the people ; and
that the king should be compelled by clamour and
intimidation to separate from his alliance with
France. The conclusion of peace prevented the
attempt ; but did not dissolve the connexion It
was proposed, with the aid of money from Hol-
land, to form a party in parliament, which should
force Charles to join with the States as an ally in
the war ; and the prince was not only encouraged
to hope for success by exaggerated statements of
the national discontent, but advised to be in
readiness to take advantage of any revolution
which might follow 28.
The king was aware of the correspondence, but Of Shaf-
not of the particulars : and his jealousy was aug- tes ury'
mented by the ambiguous language of the in-
structions found upon Carstairs, an agent from
the prince for the levy of troops. He resolved to
watch more narrowly the conduct of Shaftesbury,
,3 D'Avaux, i. S. Burnet, ii. 56. Burnet, however, should be
corrected Ly Temple, ii. 286, 291, 334-, 337.
504.
HISTORY OF ENGLAND.
CHAP, who already began to practise those arts of ex-
1674.. citing the passions of the people, which he after-
■ wards employed to a greater extent, and with a
more favourable result. He represented himself
as having earned by his zeal for protestantism
the hatred of the papists : under pretence that his
life was in danger from their malice, he procured
lodgings in the house of Cook, an anabaptist
preacher, and announced to the citizens that he
trusted for his safety to their vigilance and
fidelity. But the king had no intention that the
agitator should gain the ascendancy in the capital.
He informed Shaftesbury that he was acquainted
with his intrigues ; he ordered him to quit Lon-
don and retire to his house in the country ; he
dined in public with the lord mayor on the 29th
of October, and accepted, in a gold box, the
freedom of the city. On such occasions the king
was irresistible. In defiance of the reports cir-
culated against him, he won by his affability and
cheerfulness the hearts of the citizens 29.
OfArling- During the summer Charles had leisure to de-
cide on the fate of the three ministers, who had
drawn upon themselves the displeasure of the
parliament. He considered Lauderdale as a ser-
vant of the crown of Scotland, and resolved to
retain him in all his offices in opposition to the
votes of the house of commons. Buckingham he
dismissed without regret ; and that nobleman
2 Macph. i. 73. Kennet, 300.
CHARLES II. 3°5
immediately joined Shaftesbury, and proved him- CHAP.
self a valuable auxiliary in the ranks of his l67'^
former enemies. Arlington, by the royal com
mand, accepted from sir Joseph Williamson the
sum of 6,000/. for the secretaryship of state,
and was raised to a more honourable, though less
influential, office, that of chamberlain of the
household. He did not, however, disguise to
himself the real cause of his removal. He had
observed the rapid progress which the new trea-
surer, lately created earl of Danby, had made in
the royal favour ; he saw that, to support his own
declining credit, it was necessary to render some
signal service to the king ; and with this view he
proposed to him the negotiation of a marriage
between William, prince of Orange, and Mary,
eldest daughter and presumptive heir to the duke
of York. As the prince was a protestant, such
marriage, he argued, would tend to allay the
religious apprehensions of the people ; and, as it
would open to him a fair prospect of succeeding
to the throne, it might reasonably be expected in
return, that he should divorce himself from his
political connexion with the popular leaders,
and second the king in his endeavours to me-
diate a general peace. It was in vain that
the duke of York objected : when he claimed
the rights of a parent, he was told that his
children were the property of the nation ; and
when he urged the indelicacy of making his
daughter the wooer, it was replied, that it would
VOL. XII. x
IV.
1674.
Nov. 10.
306 HISTORY OF ENGLAND.
CHAP, be the care of the negotiator to lead the prince by
hints and suggestions to make the first proposal.
Charles entered warmly into the project, and the
earls of Arlington and Ossory proceeded with
their families to the Hague, under the pretence of
visiting the relations of their wives, two sisters
of the house of Beverwaert. But William had
already taken his determination. For Arlington
he had contracted an insuperable aversion, and
when that minister complained to him in his
uncle's name of his reluctance to accept the
king's mediation, and of his intrigues against the
royal authority, he replied, that peace must
depend on the consent of those allies who had so
generously rescued his country from the grasp of
the invader, and that his honour forbade him to
enter into explanations which might compromise
the safety of his friends in England. To the
earl of Ossory, whom the prince, on account of
his naval reputation, treated with more respect,
had been assigned the first mention of the in-
tended marriage ; but the moment he attempted
to introduce the subject, William interrupted him
by the laconic remark, that, in the existing cir-
cumstances, he was not in a condition to think of
a wife. The fact was, that his English adherents
were alarmed. They admonished him to be on
his guard against the wiles and sophistry of
Arlington, and conjured him to reject the proposal
of marriage as an artifice devised by his enemies,
to destroy his popularity, by persuading the
CHARLES II. 307
people that he was joined in league with the CHAP
king and the duke against their liberties and reli- }X\
° c 1674.
gion. The advice was religiously obeyed ; and
the envoys, having paid a short visit to their
relations, returned to England. Here Arlington
found that the failure of his mission did not con-
tribute to raise him in the estimation of his sove-
reign, and that Danby had improved the oppor-
tunity furnished by his absence, to render himself
the lord of the ascendant 3".
As the winter passed, the leaders of the twoPla»sof
,'iii i the oppo-
great parties held numerous consultations, to sition.
recruit their forces, and arrange their plans against
the approaching session of parliament. In the
house of lords the adversaries of the minister
could present a small but formidable minority
under the duke of Buckingham, the earls of
Shaftesbury and Salisbury, and the lord Wharton.
In that of the commons they formed a numerous
party under active and experienced leaders ; among
whom were Garroway and Lee, veterans, who had
long been listened to as oracles in the house ;
Powle and Lyttleton, skilled in the science of forms
and the application of precedents ; lord Caven-
dish, distinguished by the versatility of his talents
3° James, i. 500—2. Temple, ii. 287—295, 334- Coleman's
Letter, C Journ. ix. 527. The origin of the prince's aversion to
Arlington arose from that minister's attempts in favour of the pro-
ject to legitimate Monmouth. Macph. i. 74, 84. When the offer
of marriage was made, he knew that the duchess of York was in
an advanced state of pregnancy, a circumstance which consider-
ably lessened its value.
X 2
IV.
167 *.
308 HISTORY OF ENGLAND.
CHAP, and the elegance of his manners; the votary at
the same time of ambition and of pleasure, ardent
in his pursuits, and implacable in his resentments ;
lord Rnssel, less brilliant and less eloquent than
his friend, but more regular in his morals, and
more respected by his colleagues ; sir William
Coventry, whose experience easily detected the
arts and sophistry of the ministers, and whose
apparent want of passion gave the semblance of
impartiality to his opinions ; and Birch, who had
been a colonel in the revolutionary army, and
was now the roughest, boldest speaker in the
house 31. To these should be added Meres,
Sacheverell, Vaughan, and several others, ready
and zealous debaters on every question ; but the
master spirit, who guided the motions of the
whole body, was the earl of Shaftesbury, and to
him was occasionally joined the earl of Arlington,
who, through his eagerness to humble a successful
rival, forgot his obligations to his sovereign, and
readily lent his aid to oppose those counsels, in
the origination of which he no longer participated.
Among them, it was determined to insist on the
recal of the English troops serving in the French
army ; to advise an immediate union with the
allies for the purpose of breaking the power of
31 Sir Edward Seymour once reflected on Birch's former occupa-
tion, that of a common carrier. "■ It is true ", he replied, " I was
" once a carrier, and it is well for the gentleman that he was
" not one too. For if he had, he would never have been any thing
" else ". Burnet, ii. 80. note.
CHARLES II. 3°9
Louis XIV. ; to impeach the earl of Danby ; and CHAF.
to refuse all pecuniary aid as long as he should 1675.
retain the office of lord treasurer. Some of these
were popular measures ; all were calculated to
embarrass the court, and might, by leading to a
change of administration, place Shaftesbury and
Arlington once more at the head of the govern-
ment -32.
Danby, on the other hand, prepared to meet his Of the mi-
opponents with a confident anticipation of victory.
He had persuaded himself that their success in
the former session was owing to the dexterity
with which they employed the cry of " no po-
pery ", and marshalled in their favour the reli-
gious fears and jealousies of the people. He
obtained permission of the king to oppose them
with their own weapons, and for this purpose,
to employ the whole power of government in
putting down every species of sectarianism and
dissent, and to rally the cavaliers and the clergy
round the throne, by identifying the cause of the
church with that of the court. A council was Jan. y5#
held by appointment at Lambeth ; several of the
bishops met the lord keeper, the lord treasurer,
Lauderdale, and the two secretaries of state ; the
king's anxiety for the support and prosperity of
the establishment was explained ; the aid of the
prelates and clergy was demanded ; and a plan of
» See Burnet, ii. HO — 83, and Temple, ii. 309. Temple was
employed by the king to expostulate with Arlington.
310 in STORY OF E NO LAND.
CHAP- combined operation was arranged. In a few days
1675. tQe nrs^ fi*llits °f the consultation appeared. A
proclamation was published, embodying six orders
which had recently been made in council, that all
natives who had taken orders in the church of
Rome, should quit the realm in the space of six
weeks, under the penalty of death 3a ; that every
subject of the three kingdoms, who presumed to
attend at mass, either in the queen's chapel, or in
any chapel belonging to the foreign ambassadors,
should for that offence suffer a year's imprisonment
and pay a fine of one hundred marks, of which a
third part should be given as a reward to the in-
former ; that all convictions of popish recusants,
particularly among the more opulent classes,
should be brought to a conclusion without delay,
and certified into his majesty's exchequer ; that
any papist, or reputed papist, who should dare to
enter the palaces of Whitehall, or of St. James's,
or any other place where the court might chance
to be, should, if a peer, be committed to the
Tower, if under the rank of a peer, to one of the
common gaols ; and, lastly, that, since all licenses
for separate places of worship had been recalled,
the laws for the suppression of conventicles should
be rigorously enforced 3\
33 In this and all similar proclamations, Mr. John Huddleston
was excepted on account of his services to the king after the battle
of Worcester.
31 Wilkins, Con. iv. 595. Kennet, 301. Burnet, 253.
CHARLES II. 311
By the popular party, this proclamation was CHAP.
IV.
1675.
ridiculed as a weak and unworthy artifice to blind
the eyes of the people. Among the catholics and .
non-conformists, it created considerable alarm. ^emon~
strance ot
A deputation of ministers waited on the duke the duke
of York
of York, reminded him of his frequent declara-
tions in favour of liberty of conscience, and so-
licited his protection against the intolerant policy
of the cabinet. But James had already remon-
strated in vain. He had represented to the king,
that such severity to the dissenters was dangerous,
because it might goad that numerous and powerful
body to resistance ; and with respect to catholics,
it was ungrateful, on account of their former ser-
vices to his father, and unnecessary, because, few
as they were in number, and incapacitated by tests
and disqualifications, they possessed not the power,
even if they had the will, of injuring the esta-
blishment. But Charles, assured of his brother's
submission, cared little for his objections : he even
prepared for him a more bitter mortification. In
virtue of the royal mandate, the bishop of Loudon
conducted the princess Mary to church, and con-
ferred on her the riffht of confirmation in defiance
of the authority of her father'35.
At the appointed time, the session was opened Opening
()f 1 1 IP SGS"
Avith a speech from the throne. The king as- sion
sured the two houses, that his great object in April 13.
3s James, i. in.1). .500. Macpherson (i.?.5, 81, 1.) postpones the
confirmation of the princess to the following year.
31C HISTORY OF ENGLAND.
CHAP. calling them together was to come to a right
iv. &
1C73. understanding with his parliament, and to expose
to the world the hollow and wicked designs of
those who sought to drive him to a dissolution.
But these men would find themselves disappointed.
He was neither so weak nor so irresolute as to
part with his friends in order to oblige his
enemies. In the speech of the lord keeper, the
chief novelty was an awkward attempt to justify
the late intolerant proclamation. The govern-
ment, he said, was placed in a most delicate and
difficult situation, between the church on one side,
and the dissenters and catholics on the other. If
the king suspended the execution of the penal
laws, he was told that he deserted the cause of the
church : if he enforced them, he was reproached
with the charge of persecution. But it was better
to have some rule than none ; otherwise universal
toleration, and endless confusion, the necessary
consequences of toleration, must ensue. The king
had followed the rule laid down by the legislature ;
and, if any man felt aggrieved by it, he was still at
liberty to appeal to the wisdom and equity of par-
liament, the best judge of the real interests of the
nation 36.
to^n&e °f the plan devised at Lambeth, that part
house of which regarded the suppression of popery was
' entrusted to the friends of the minister in the
house of commons, where to such a proposal, no
3" L. Journ. xi. 6J3, 1.
CHARLES II. 3]3
opposition could be expected. Resolutions were CHAP,
accordingly voted : committees were appointed, 167'Sm
and bills were introduced. Still nothing was
done. That zeal for orthodoxy, which had for- April 17.
merly animated the members, seemed to be extinct, Al3nl 21*
and not one of the bills proceeded any further
than the second reading. The fact was, that the
popular leaders ceased to urge the suppression of
popery, when their opponents could claim the
chief merit of the measure ;J7. Their efforts were
directed to the pursuit of their own objects. 1°.
They obtained a renewal of the address to remove
Lauderdale from office ; but Charles was now April 23.
furnished with a ready answer, — that the words
laid to his charge, if spoken at all, were spoken
before the last act of grace, and must therefore
be covered by it ; and that the act of the Scottish
parliament for the levy of the army necessarily
arose out of a preceding act in 1C63, when Lau-
derdale was not the royal commissioner38. 2°. Lord April 2c
37 Com. Journ. Ap. 16, 17, 21. May 27. Marvcll, i. 217, 237,
240. " Wc were confident", says Coleman, " that the ministers
" having turned their faces, the parliament would do so too, and
" still be against them, and be as little for persecution then, as
" they were for popery before". Com. Journ. ix. 527.
38 Burnet disgraced himself on this occasion. Out of ill humour
at the treatment which he had received from Lauderdale, he re-
vealed to his enemies the purport of a confidential conversation
with that nobleman, and repeated it, though apparently with re-
luctance, at the bar of the house of commons. " The truth is,"
he says of himself, " I had been above a year in perpetual agita-
" tion, and was not calm or cool enough to reflect on my conduct
" as I ought to have done". By this treachery he lost the favour
314 HISTORY OF ENGLAND.
CHAP. William Russell called the attention of the house
T"17"
\675. *° ^ie conduct °f the lord treasurer ; and seven
< articles of impeachment were exhibited against him,
charging him with improper use of the authority
of his office, to deceive the king, enrich his own
family, and squander the royal treasure. There
appears to have been little ground for any of these
charges : but Danby did not rely solely on his
innocence. He was careful to purchase adherents
in the house, not after the manner of his prede-
cessors, by offering presents to the more eminent
speakers, but by seeking out silent votes, which
might be procured at a lower price, and therefore
May 3. in greater number. The articles against him
were debated separately, and each in its turn was
rejected39. 3°. Besides Dauby, the Dutch and
Spanish ambassadors had also been lavish of
money. Their object was to procure the revo-
cation of the English regiments in the French
army ; and their efforts were zealously aided by
the 2>opular party. To the address for this pur-
May t. pose presented by the house, Charles replied, that
the English corps was inconsiderable in point of
number ; and he would take care that it should
not be recruited. More than this he could not
of the king, and also of the duke of York, who had previously
protected him from the resentment of Lauderdale. Burnet, ii.
63—5. Marvell, i. 221.
3 ' Com. Journ. Ap. 26, 27, 30. May 3. Pari. Hist. iv. 688—
695. Burnet, ii. 69. Marvell, i. 225, 7, 426. If we may believe
Coleman, 200,000/. was spent in bribes by the different parties
during this session. Com. Journ. ix. 528.
CHARLES II. 315
do: to recal it would be inconsistent with his CHAP.
IV.
honour. This answer provoked a most vehement i67'5
debate in a committee of the whole house. On
one side it was maintained that the English May ly'
amounted to eight thousand men, that they formed
the chief force in the army commanded by Tu-
renne, and that to their gallantry were owing most
of the advantages which had been gained by that
general. On the other, it was contended that
they did not exceed two thousand horse and foot ;
that, on the conclusion of the peace with the
States, it was mutually understood that they were
not to be recalled ; and that a much greater num-
ber of British subjects was actually serving in
the Dutch army under the prince of Orange. On
a division, the tellers were charged with negli-
gence or fraud ; instantly the leaders who sat on
the lowest benches sprung to the table, and the
other members on each side crowded to their sup-
port. Lord Cavendish and Sir John Hanmer dis-
tinguished themselves by their violence ; and
epithets of insult, with threats of defiance, were
reciprocally exchanged. The tumult had lasted
half an hour, when the speaker, without asking
permission, took possession of the chair ; the mace,
after some resistance, was again placed on the
table ; the members resumed their seats ; and, on
the motion of Sir Thomas Lee, a promise was
given by each in his turn, that he would take
no notice out of doors of what had happened May 11.
within. The discussion of the question was May 20.
again brought forward. On one occasion the J,mc -•
316 HISTORY OF ENGLAND.
C II A P. ministers obtained the majority by a single voiee ;
167'5 on another they were defeated by the casting vote
of the speaker. A new address was ordered ;
but there is no evidence that it was ever pre-
sented 40.
Non-re- Tne more important part of the ministerial
sisting-
test in the project, the panacea for all the evils of the nation,
lords? ° was reserved for the house of lords, in which the
court was assured of an overwhelming majority.
This was introduced in the shape of a test to be
taken by all members of parliament ; by privy
councillors, magistrates, and all persons holding
office under the crown. The test itself was made
up of the several oaths and declarations which,
by successive acts of parliament after the restora-
tion, had been imposed upon members of cor-
porations, officers of the army, and ministers of
the church. These acts, however, had been
passed at a time when the nation had not reco-
vered from that phrenzy of loyalty into which it
had been thrown by the return of the king : now
the minds of men had been allowed leisure to
cool ; an intention of establishing arbitrary power
had, by report, been attributed to the king ; and
the doctrines of the year forty-one had begun to
resume their former influence. That protection
and allegiance are correlative, and that the law
which secures the rights of the people sanctions
4° Com. Joum. May 8, 10, 11, 20. June 2. Pari. Hist. iv. 699
— 709. Marvel, ii. 232. Cavendish and Newport, in consequence
of their behaviour on this occasion, were forbidden the court. lb.
J2(5.
CHARLES II. 3i?
resistance to the invasion of those rights, were CHAP.
IV
principles openly inculcated and maintained : and 1675
it was to check their diffusion, and to remove
their supporters from parliament and office, that
the non-resisting test had been devised. The
king interested himself warmly in its success.
He attended daily, standing as a sjDectator at the
fire-side ; but his presence, though it might ani-
mate the champions of the court, did not dismay
or silence their opponents41. The debates occu-
pied seventeen days, often from an early hour till
eight in the evening, sometimes till midnight. It
is acknowledged, that on no former occasion had
such a display of eloquence and ability been
exhibited in that house ; never had any question
been discussed with so much obstinacy and ad-
dress. The lords who chiefly distinguished them-
selves by their advocacy of the measure, were the
lord treasurer, the lord keeper, and the bishops
Morley and Ward ; and to these were opposed the
acknowledged leaders of the popular party, with
two catholic peers, the marquess of Winchester
and the lord Petre 12. The former argued that
41 " If nut the sun, the fire-side was always in their faces."
Marvell, i. 516.
«• In Macpherson's extracts, we are told that when Shaftesbury
applied to the catholic peers for their support, some replied that
they dared not oppose the king. It might provoke him to execute
the penal laws against them, perhaps to seek their exclusion from
parliament, in which they knew from experience that Shaftesbury's
party would concur. " lie swore that he and his friends never
" would, and wished that his tongue might cleave to the roof of
" his mouth, if he ever spoke for so unjust a thing." Macph. i. 80.
31 8 HISTORY OF ENGLAND.
CHAP, the principle of the test had already been reeog-
i67^ nized in the acts for corporations, the militia, and
■ — the church ; that the only object of the present
bill was to render that principle more generally
useful by extending its operation ; that it would
thus offer a sufficient security both to church and
state ; and at the same time a security so " mo-
derate," that it could not be refused by any but
those who cherished seditious and antimonarchical
sentiments ; and who, on that very account, ought
not to be trusted with the office of making or
of administering the laws. Their opponents re-
plied, that the question was now altered ; that
while the test was confined to persons in inferior
situations, there remained the high court of par-
liament to explain its meaning, and control its
application : but that now it was intended to bind
the parliament itself, and to make all ranks of
men dependent on the pleasure of the sovereign.
Such a test invested both the crown and mitre
with a divine right, which could not be controlled
by any human power, and amounted in effect to
a " dissettlement of the whole birthright of
" England."
Debate on When it came to be debated in its several parts,
ration!0 &" tne opposition lords objected that the first clause,
which pronounced it " unlawful, on any pretence
" whatsoever, to take up arms against the king ",
was calculated to provoke doubts and questions,
which a wise administration would seek to pre-
vent. What, it might be asked, was the distinc-
CHARLES II. 319
tion between passive obedience, and the unlawful- CHAP.
ness of resistance in anv circumstances whatso- ,r~',
J 1675.
ever : where the difference between an absolute
government and a limited monarchy, if there
were no boundary to submission under either ?
Against the second, that it " is traitorous to take
" up arms by the kings authority against his
" person", (an allusion to the language of the
parliament during the civil war,) they argued,
that circumstances might occur, as in the case of
Henry VI., in which such taking up of arms
might tend to the benefit and safety of the sove-
reign ; and the third, which extended the same
doctrine to the employment of force against per-
sons commissioned by the crown, they described
as leading to the most oppressive and alarming
results. It specified neither the object of the
commission, nor the qualification of the commis-
sioner ; but made it treason to oppose with force
the unlawful aggression not only of sheriffs and
magistrates, but even of naval and military offi-
cers ; for all these were armed with commissions
from the king, and might pretend to act in
" pursuance of such commission".
The great struggle, however, remained. The Debate on
oath was at first conceived in the following °
words : " I do swear that I will not endeavour
" the alteration of the government either in
" church or state ". The practice of multiplying
oaths was represented as impious, by holding out
temptations to perjury, and as useless, because
20 HISTORY OF ENGLAND.
CHAP, oaths bind only men of honourable and virtuous
1675. minds, from whom sedition or rebellion is not to
■ be apprehended. But to this oath in particular it
was objected, that if it were made a necessary
qualification for a seat in parliament, it would
operate to the disherison both of the people and
the peerage : of the people, by trenching* on their
right of entrusting to men of their own choice the
power of imposing the public taxes ; and of the
peerage, by depriving the peers, who should re-
fuse to take it, of the right to which they were
born, of sitting in that house, and taking a part
in the discussion of all subjects debated within its
walls. The latter part of this objection was
urged with so much vehemence, that the ministers
deemed it prudent to yield. The lord treasurer
proposed a resolution, which, at the suggestion of
the duke of York, was changed into a standing
order of the house, that " no oath should ever be
" imposed, by bill or otherwise, the refusal of
" which should deprive any peer of his place or
" vote in parliament, or of liberty of debate
" therein43".
4" L. Journ. xii. 673. Macph. i. 81. In lieu of the oath pro-
posed by the bill, and all other tests to be taken by members of
parliament, the following was moved as an amendment by the
marquess of Winchester : " I swear that I will never by threats,
" injunctions, promises, advantages, or invitations, by or from
" any person whatsoever, or through the hope or prospect of any
" gift, place, office or benefit whatsoever, give my vote otherwise
" than according to my opinion and conscience, as I shall be truly
" and really persuaded upon the debate of any business in par-
CHARLES II. 321
When the house proceeded to consider the form c H A P.
of the proposed oath., the bishops were exposed to l67'5
the profane jests and irreverent sarcasms of the
duke of Buckingham, and called upon to answer [£f~
several searching and vexatious inquiries by the
dissenting peers. What, it was asked, was this
episcopal government, to which the subject had
now to swear allegiance ? From whom did the
prelates profess to derive] their powers? They
replied, that the priesthood, and the powers of the
priesthood, came to them from Christ ; the licence
to exercise those powers from the civil magistrate.
" But ", exclaimed the lord Wharton, " excom-
" munication is one of those powers ; do you
" derive from the sovereign the licence to excom-
" municate the sovereign?" This, it was an-
swered, was to suppose an extreme case which had
never arrived, and probably never would arrive.
Others observed, that the oath provided only for
" the government ", or discipline of the church :
why were its doctrines omitted ? The government
of the church of Rome was episcopal : no catholic-
would object totake theoath,even if attlie sametime
he should meditate the subversion of one church,
and the establishment of the other. This objection
" liament." Such an oath would prohably have been as unpalat-
able to the opponents as to the adherents of the minister. It was,
however, seconded and supported : and the odium of rejecting it
was left to the lord keeper, who contended, tlint the hope of re-
ward was not incompatible with integrity of conduct ; and was
sometimes necessary to stimulate tin' indolent and the indifferent.
Pari. Hist. iv. App. Ixii.
VOL. XII. V
322 HISTORY OF ENGLAND.
CHAP, alarmed the lord treasurer, and he offered to add
1675. tne words "the protestant religion". " But what",
asked the earl of Shaftesbury, " is the protestant
" religion ? Where are its boundaries ? How
" are they to be ascertained ?" The bishop of
Winchester replied, that the protestant religion
was comprehended in the thirty-nine articles, the
liturgy, the catechism, the canons, and the homi-
lies. His opponent again inquired, whether every
thing contained in these five books were part and
parcel of the protestant religion ? If so, then it
must be contended that their authors were infalli-
ble, and had laid down nothing which ought to be
rejected or reformed. If not, then the objection
recurred ; the precise limits of the protestant
religion were unknown, and no man could con-
scientiously bind himself by oath never to alter a
system, with the real extent of which he was un-
acquainted. To escape from the difficulty, the
words, " now established by law in the church of
" England ", were added.
From the government of the church, the debate
proceeded to the government in the state. Here
the opponents of the measure renewed the strug-
gle with equal obstinacy. Were the civil institu-
tions of the country so perfect as to admit of no
improvement ? Could no combination of circum-
stances ever occur to make some alteration expe-
dient ? Let the house give its sanction to this
part of the oath, and the chief privilege of the
peerage was gone for ever. They might assemble
and vote supplies ; but to legislate on any subject
CHARLES II. 323
connected with the government of the country char
would be a violation of the test. They must 1G7;
abandon their duty as a part of the legislature, or
perform it under the guilt of perjury.
At length, after a variety of amendments and The test,
° as amend-
adjournments, divisions and protests, the declara- ed in the
tion and oath were passed in the committee, in the ™mimt~
following improved form. " I, A. B. do declare
" that it is not lawful, on any pretence whatsoever,
" to take up arms against the king ; and I do
" abhor the traitorous position of taking arms by
" his authority against his person or against those
" that are commissioned by him according to law,
" in time of rebellion and war, and acting in pur-
" suance of such commission. I, A. B. do swear
" that I will not endeavour any alteration of the
'.' protestant religion now established by law in
" the church of England, nor will I endeavour
" any alteration in the government, in church or
" state, as it is by law established ". There only
remained to determine the penalty of a refusal to
take the test, which, in defiance of all the efforts
of the opposition, was fixed at a fine of 500/.. and
incapacity to hold office or commission under the
crown. But, as (his incapacity did not affect the
right of silling in either house, the members of
both were made subject to a repetition of the fine
in every succeeding parliament44.
*« For this important debate, sec the Lords' Journals, xii. tifi.5,
9, 671, ?„ I, 7,682. Pari. Hist. tv. 7, 14— 721. App. xviii.— xlvii.
Burnet, ii. 71 — 1. Marvell, i. 510— 8. North r>2. The test was
v 2
324 HISTORY OF ENGLAND.
C H A P. To retard the progress of the bill, had been the
1675. great object of the country party in the house of
lords : to throw it out was to be the achievement
respecting °^ ^leu' associates in that of the commons. But
appeals, even there much had lately happened to shake
their confidence in their own power ; the fate of
the impeachment of Dauby, and the rejection of
a bill to prevent members from accepting places
under government, had convinced them that the
ministers could command the votes of many secret,
but faithful, adherents. To relieve them from
their apprehensions, an event occurred which, if it
were not, as is probable, originally contrived, was
at least most dexterously improved, to suspend the
course of ordinary business in both houses, and to
provoke a dissolution, or at least a prorogation of
parliament. At all times it had been customary
to appeal by writ of error from the decisions in
the courts of law to the house of lords, as the su-
preme judicature in the nation, and during the
reign of James I. similar proceedings had been in-
troduced relative to judgments in chancery. It
happened that at this period the defendants in
three of these appeals to the justice of the lords
possessed seats in the house of commons ; and
when notice to appear was served on sir John
originally devised by Clarendon ; but his son, who on the death
of the exile had succeeded to the title, constantly opposed it. His
name is in all the protests entered in the journals ; and the king
was so displeased with his conduct, that he deprived him of his
place of chamberlain to the queen. Marvell, i. 227.
CHARLES II. 325
Fao-fr, one of the three, the house voted such a chap.
*~ IV
notice a breach of privilege. The lords insisted 1(i7^
on their claim. Theirs was the only court to de-
cide on writs of error or appeal ; they sate only y 5"
at the same time with the house of commons ;
and therefore, if they could not hear causes in
which the members of that house were parties, a
denial of justice must follow. The commons dis-
puted the inference — it might be a suspension,
but not a denial of justice — the appeal might be
heard, when the parties were no longer entitled to
the privilege of parliament. Nothing could be
weaker than such reasoning ; but they compen-
sated for its weakness by the vigour of their con-
duct. They committed to the Tower, Shirley and May 12.
Stoughton, two of the appellants; resolved that May 15.
to prosecute in the house? of lords any cause
against a member of their house was a breach of
privilege; declared that no appeal lay from the May 28.
chancery to any other tribunal ; and voted that June 1.
four barristers, who, by order of the lords, had
pleaded before them in one of the appeals, should
be taken into custody. This last insult set the
higher house in a flame ; and the opponents of the
test, whose real aim was to foment the quarrel,
were the foremost to defend the rights of the
peerage. The captive barristers were rescued by June 2.
the usher of the black rod from the grasp of the
Serjeant at arms, who suddenly absconded, that he
might escape (he punishment with which the house
of commons had determined to visit his pusillani-
326 HISTORY OF ENGLAND.
CHAP, mity or negligence. Two days afterwards, the
1675. speaker, as he passed through Westminster hall,
arrested Pemberton, one of the barristers, and
June 4. j.QOk jjjg prisoner with him to his chamber 45 ; the
new serjeant at arms brought the other three out
of the court of king's bench, and all four were
conveyed to the Tower. The house of lords was
not slow to undertake their protection. A mes-
sage was sent to the lieutenant to set them at
liberty, and, when he demurred, four writs of
habeas corpus were forwarded by the lord keeper,
June 7. commanding him to produce his prisoners before
June 8. the king in his high court of parliament. The
lieutenant was perplexed. He consulted the house
of commons, which forbad him to obey the writs ;
and, in this choice of evils, he preferred, as the less
dangerous, to incur the displeasure of the lords 46.
Proroga- During the altercation, Charles had addressed
June 5 ^oth houses in the tone, and with the dignity, of
a master. They were, he told them, the dupes of
men, enemies to him and to the church of Eng-
*> Burnet (but to Burnet alone little credit is due,) tells us, that
Seymour the speaker was " the most immoral and impious man
" of the age, the unjustest and blackest man that lived in his time."
Of his pride, an instance is related by lord Dorchester, that when
his carriage broke down near Charing-cross, he took possession of
the first gentleman's carriage that came by, and turned out the
owner, telling him, it was more proper that he, than the speaker
of the house of commons, should walk in the street. Burnet, ii.
70 note.
I" L. Journ. 679, 80, 91, 4, 8, 700, 6, 10, 13, 16, 18, 720, 3, 5,
7. Com. Journ. May 5, 15, 28; June 1, 4, 8. Marvell, i. 517.
Burnetii. 75. Pari. Hist. iv. 721. St. Trials, vi. 1121,
CHARLES II. 327
land : the authors of the quarrel, sought not the C H A P.
IV.
1675.
preservation of privilege, but the dissolution of
parliament : let the two houses confer coolly and
dispassionately together : they would easily dis-
cover the means of reconciliation, or, if they did
not, he would judge impartially between them,
for he could not sit a silent spectator of a dispute
which threatened to spread itself through the na-
tion, for a mere question of privilege. But his
advice was disregarded : the irritation of the par-
ties was nourished by repeated acts of defiance ;
and on the fourth day, the king came to the house June 9.
of lords, and put an end to the session 47.
The short duration of the recess, and the assur- Another
session.
ance that the parliament should meet again in
October, led to a suspicion that the government
was reduced to the lowest state of pecuniary dis-
tress ; and the leaders of the country party re-
solved to persist in their plan of opposing a sup-
ply, with the hope of provoking a dissolution of
the administration, or of the parliament. The
first would offer to their ambition the offices held
by their opponents, the latter would be succeeded
by a general election, in which they promised
themselves a decided superiority. The houses
accordingly met : the king solicited the aid of his
people to pay off the anticipations on the revenue,
amounting to 800,000/., and to put the navy in a
condition to maintain the dignity of the British
47 Com. Journals, June A, 'J. L. Journ. 725, 9.
328
HISTORY OF ENGLAND.
Oct. 19.
C HAP. flag 1S. In the committee on the royal speech, the
1675. ministers obtained at first the majority by the
casting vote of the chairman. But on a second
division they were defeated by a small majority,
and the house refused to entertain the question of
supply on account of anticipations. This was a
severe disappointment ; yet Danby did not des-
pond : a long session would afford him the op-
portunity of appealing to the ambition and cupi-
dity of the members ; and it was possible that
several might oppose the court now, with the sole
view of obtaining a higher price for their future
services. The house proceeded with the public
business. It was voted that 400,000/. per annum
should be taken from the customs, and applied to
the maintenance of the navy ; that a sum of
300,000/. should be raised and placed in the cham-
ber of London, and be appropriated to the build-
ing of twenty ships of war ; that papists should
be disabled from sitting in either house of parlia-
ment ; that a bill should be introduced to recal the
English forces serving in the French army ; and
that a remedy should be devised to prevent bribery
in elections. In the divisions which these ques-
tions produced, the balance inclined alternately in
favour of the opposite parties ; and the majorities
were so trifling, that it was impossible to foresee
4S The reader is aware that it was the custom to " anticipate,"
that is, to mortgage, certain branches of the revenue for the pay-
ment of the capital and interest of loans of money.
CHARLES II. 329
which would ultimately obtain the superiority49. CHAP.
In the house of lords, Shirley hastened to revive 1675_
the question of his appeal. Each party sought
to cast on the other the odium of the measure ; ^XeTon-
but the subsequent proceedings shew that the ap- test be-
pellant acted under the advice, or by the instiga- houses.
tion of Shaftesbury and his friends. In the de-
bate, which was continued by adjournment for
several days, that nobleman displayed extraordi-
nary eloquence and warmth ; and obtained, in
defiance of the ministers and the prelates, the
appointment of a day for the hearing of the Nov. i-
appeal. It might be that, as he pretended, he
sought to establish beyond dispute the claim of
the peerage ; but he had moreover a private and
more interested motive. He was the author of a
pamphlet recently published, under the title of
" A Letter from a Person of Quality to a Friend
" in the Country," purporting to detail the debate
in the last session on the question of the non-
resisting test. This tract the house voted " a
" lying, scandalous, and seditious libel " : it was
ordered to be burnt by the hand of the common
hangman, and a committee was appointed to dis-
cover the author, printer, and publisher. Under
such circumstances, the renewal of the quarrel
between the houses offered him the best shelter
from prosecution. In the commons, attempts
were made to revive the violent votes of the last
« Com. Journals, Oct. 19. Pari. Hist. iv. 751— 7. Marvell, i.
252—68.
330
HISTORY OF ENGLAND.
C Vv P' sess*on against the claim of the peers ; but they
kj7o. were constantly defeated by the court party, who
on this subject commanded a large majority, and
Nov. is. procured a vote for a conference, " to preserve a
" good understanding between the two houses ".
In that meeting they suggested that, according to
the royal advice, all subjects of national interest
should take precedence of the question of judica-
ture ; but Shaftesbury opposed the expedient under
different pretexts, and a resolution was carried to
hear the appeal on the following morning. The
resentment of the commons could no longer be
restrained ; in one house the obnoxious votes
Nov. 20. were revived 50 ; in the other, lord Mohun moved
an address for the dissolution of the parliament.
Thus a new subject of contention was raised,
which called forth the whole strength of the two
parties. The popular leaders supported the mo-
tion, on the ground that frequent parliaments
were required by the ancient constitution of the
kingdom ; that the existing house of commons,
chosen in 1661, did not in fact represent the sense
of the nation in 1675 ; and that the pretensions
which it set forth, the violence which it displayed,
the superiority which it assumed, had led to a
state of things, in which the parliament, instead
of proving a national benefit, had become a useless
s° Marvell, i. 270, 1. Com. Journ. Nov. 18, 19. L. Journals,
xiii. 29.
CHARLES II. 531
incumbrance ; but that with a new house, the real chap.
representatives of the people, no cause of dissension 1675
would exist ; the restoration of harmony would
enable parliament to provide for every interest,
to grant supplies to the crown, to establish secu-
rities for the church, to extend indulgence to dis-
senters, and to secure to the catholics the posses-
sion of their property and hereditary honours.
On the other hand, the minister and his adherents
contended, that a dissolution was both unnecessary
and dangerous. As former dissensions between
the houses had been healed, so the present was
not without its remedy. Whatever might be the
faults of the house of commons, the civil and re-
ligious principles of its members had been proved.
A new election might introduce new men, hostile
both to the church and the throne; antimo-
narchical doctrines might regain the ascendancy;
and the miseries of the year forty-one might be
renewed. Hitherto the duke of York, however he
might disapprove, had deemed it his duty to ab-
stain from all open opposition to the measures of
government ; on this occasion he gave his powerful
aid to lord Mohun ; and his example drew after
it the support of his adherents, and of the catho-
lic peers. The minister was alarmed ; his adver-
saries out-numbered his followers in the house ;
and it was only through the aid of proxies that he
was able to obtain the small majority of two votes.
The consequence was an immediate prorogation ; Nov. 22.
HISTORY OF ENGLAND.
CHAP, not for a short space, after the usual manner,
1675. ^ut f°r *ne unprecedented duration of fifteen
months 51.
Account During this session an adventurer made his ap-
Cy. pearance on the public stage, the prototype of the
celebrated Titus Oates. He was a foreigner, the
son of Beauchateau, an actress in Paris, and had
passed, with little credit for truth or integrity,
through the several situations of usher in a school,
servant to a bishop, inmate in a monastery, and
companion to an itinerant missionary. A forgery,
which he committed at Montdidier, in Picardy,
compelled him to flee from the pursuit of justice ;
and he arrived in London, under a feigned name,
without money and without friends. But his in-
genuity did not desert him. He called himself
Hyppolite du Chastelet de Luzancy ; he professed
an anxious desire to conform to the church of
July 1. England ; and in the pulpit at the Savoy, he read
his abjuration, and delivered a discourse, statingthe
grounds of his conversion. Instantly the French
Jesuit (so he was now styled) became an object of
interest to the zealous and the charitable : contri-
butions flowed to him from numerous quarters ;
and his only anxiety was to secure the means of
support after the first excitement, which he had
Oct. 4. caused, should have died away. About the middle
51 L. Journ. xiii. 33. According to the list preserved in Old-
mixon, the contents were forty-one temporal peers and seven
proxies ; the non-contents, twenty-one temporal peers, thirteen
bishops, and sixteen proxies. Oldmix. 594.
CHARLES II. 333
of the session, he gave information to some of the CHAP,
popular leaders, that, about a month before, father 1G75.
St. Germain, who, for greater effect, was described
as confessor to the duchess of York, had surprised
him in his lodgings, and, holding a poniard to his
breast, had compelled him with the threat of in-
stant death, to sign a recantation and a promise
to return to his native country. Neither the im-
probability of the tale, nor the time that had been
suffered to elapse, seems to have awakened suspi-
cion. Lord Hollis communicated the important Nov. 8.
intelligence to the king in the house of lords ;
lord Russel introduced it to the notice of the house
of commons ; and the parliament, the court, the
city, the country, resounded with cries of astonish-
ment at the insolence of the papists. The king
published a proclamation for the arrest of St. Ger-
main, wherever he might be found; the lords
brought in a bill for the encouragement of monks
and friars in foreign parts to leave their convents,
and embrace the reformed faith ; and the commons
ordered the lord chief justice to issue his warrant
for the apprehension of all catholic priests ; re-
commended Luzancy to the protection and bounty
of the king, and passed a bill for the exclusion of
papists from the two houses of parliament, and
from the court. The convert was examined before
the privy council and a committee of the house.
He persisted in his former tale ; he added, that he
had learned from some French merchants, that in
a short time protestant blood would flow through
3U4 HISTORY OF ENGLAND.
CHAP, the streets of London, and from St. Germain that
1673 the king was at heart a catholic, that the declara-
tion of indulgence had been framed for the pur-
pose of introducing popery, and that there was an
infinite number of priests and Jesuits in London,
who did great service to God. But the minds of
men began to cool. His additional information,
which was merely a repetition of the idle reports
circulated in the coffee-houses, did not serve to
raise his credit for veracity ; and when he was
told to produce his witnesses, the absence of some,
and the utter worthlessness of the others, shook
the faith of his supporters. About the same time,
Du Maresque, a French clergyman of the re-
formed church, published a history of his adven-
tures in France ; and soon afterwards a pamphlet
appeared, detailing the particulars of his life in
the metropolis, and refuting his charge against
St. Germain : and, though Du Maresque was
severely censured by the bishop of London, and
the distributor of the pamphlet threatened by the
privy council, the prosecution of the inquiry was
at first suspended, and, for obvious reasons, never
afterwards resumed 5a.
52 Com. Jo u in. Nov. 8. L. Journ. xiii. 21. Pari. Hist.iv. 780.
Marvell, i. 265, 6. Reresby, 29 — 31. Wood, Ath. Oxon. iv\ par.
ii.col. 350, 1. Compton, the new bishop of London, and the "great
" patron of converts from popery," (Burnet, ii. 88.) ordained Lu-
zancy about Christmas, and sent him to Oxford, where, on Ja-
nuary 27th, he was admitted master of arts, at the recommenda-
tion of Ormond, the chancellor. While he remained in Oxford, a
transaction of a swindling description brought his name before a
CHARLES II.
I shall conclude this chapter with a few notices CHAP,
respecting the transactions in the two kingdoms 166j
of Scotland and Ireland. — I. In Scotland the chief
attention of the government was devoted to the Transae-
° tions in
difficult task of maintaining the episcopal autho- Scotland.
rity, in opposition to the religious feelings of the
people. That Charles disapproved of the seve-
rities, which had driven the western covenanters
into rebellion, cannot be doubted, and it was
observed that, in proportion as the influence of
Clarendon declined, more lenient measures were
recommended to the Scottish council. The pu- lfifii.
nishment for the refusal of the declaration was March 12-
restricted to the imprisonment of the offender ;
the regular troops, which had been so actively
employed in the execution of the penal laws,
were disbanded ; archbishop Sharp received an Aug. 10.
order to attend to the spiritual concerns of his
diocese ; and Rothes was deprived of his high
office of royal commissioner ; though, to console
his wounded feelings, he obtained in return the
chancellorship for life. The earl of Tweedale Oct. io.
succeeded him as head of the government ; but
Lauderdale, by his office of secretary of state,
possessed superior influence with the sovereign.
Both of these noblemen were presbyterians by
court of justice : soon afterwards the nation was thrown into a
ferment by the pretended discoveries of Titus Oates; and Ln-
zancy, " by favour of the bishop of London/' was admitted, " ad
" pres. reyis," vicar of Dover-court, in Essex, 18th Dec. 1678.
Ibid.
336' HISTORY OF ENGLAND.
chat, principle; but they disregarded the nice distinc-
16(,; tions of the theologians, arid persuaded themselves
that by mutual concession the two parties might
be brought to coalesce. Their object, therefore,
was to maintain the episcopal establishment, but
at the same time to offer to its adversaries such
terms as might induce them to desist from all
active opposition. To the covenanters in the
west it was proposed, that the government should
abstain from prosecution for past offences, pro-
vided they would bind themselves to keep the
peace, under the penalty of forfeiting one year's
rent of their respective estates. But here a theo-
logical question arose. What, it was asked, did
the council understand by keeping the peace?
" To perform the duties of righteousness com-
" manded by the law of God ? " This was an
obligation incumbent on all Christians. Not to
violate the laws, which had been made in opposi-
tion to the covenant ? Such an engagement was
unlawful and anti-christian. That the latter was
the real meaning, could not be doubted : if many
submitted, a greater number refused to subscribe
the bonds ; and Tweedale, after a short trial,
abandoned a measure, which seemed more likely
to produce disturbance than tranquillity'3.
Attempt About this time happened an event which re-
ef sharp.0 vived the angry passions of the two parties,
Among the men, who had fought for the cove-
53 Wodrov.-, 277, 8. Kirkton, 2GG, 272. Burnet, i. !U, 120.
Lamout, 252.
CHAET.ES II. 3"7
nant at Bullion Green, was " a youth of much C H A P.
" zeal and piety ", named James Mitchell. After 1668\
the defeat he brooded over the sufferings of his
brethren, till he had wound up his mind to the a y
highest pitch of enthusiasm ; and believed that
he felt a call from Heaven to avenge the blood of
the martyrs on the apostate and persecuting pre-
late, archbishop Sharp. It was a little after mid-
day : the archbishop's carriage drove to the door,
and Mitchell took his station with a loaded pistol
in his hand. Sharp came from the house, fol-
lowed by Honeyman, bishop of Orkney. The
first had already seated himself, when the assassin
discharged his pistol ; but at the very moment
Honejmian raised his arm to enter the carriage,
and received the ball in his wrist. To the cry
that a man was killed, a voice replied, " It is only
" a bishop ". Mitchell crossed the street, walked
quietly away, changed his coat, and mixed again
with the crowd. The council offered a tempting
reward for the apprehension of the assassin ; but
six years elapsed befor he was discovered M. indul-
This daring outrage did not, however, provoke |Sed°
Tweedale to recede from his purpose. He still ministers.
16G9.
54 Wodrow, 292. Kirkton, 278. Burnet, i. 481. It was urged
in defence of Mitchell, that he acted like Phineas, by divine
impulse. Annand, dean of Edinburgh, replied, that could hot be,
otherwise he would have succeeded in the attempt. To evade
this argument, it was remarked, that " Israel failed against the
" city of Ai, because there was an Achan in the camp, and, alas !
" there are many Achans in the camp of our Israel." Kirkton,
366, note.
VOL. XII. Z
338 HISTORY OF ENGLAND.
CHAP, hoped to win by conciliation, where he despaired
1669 °f Prevailing by severity. He made to the ejected
ministers an offer, called '•' the indulgence ", that
June 7. tnev might enter on their former churches, if
these were vacant, or on any other at the nomi-
nation of the patron, enjoy the manse and glebe
without stipulation, and in addition receive the
annual stipend, provided they would accept col-
lation from the bishop, and attend the presbyteries
and synods. The moderation of the proposal
alarmed the more zealous, or more fanatic of the
covenanters ; they pronounced it a snare for the
consciences of the unwary : besides the consent
of the patron, a call from the parish was necessary
for the lawful exercise of the ministry ; and,
moreover, to accept any ecclesiastical office at the
invitation of the civil power, was a backsliding
towards Erastianism. In defiance of this reason-
ing, three-and -forty ministers accepted the offer
of the government, but they soon discovered that,
at the same time, they had forfeited the confi-
dence of the people. They no longer preached
with the fervid eloquence of men suffering perse-
cution. Their exhortations to the practice of
virtue and godliness appeared dull and lifeless, in
comparison with the fierce invectives which they
formerly poured forth against apostates and op-
pressors. It was inferred that the Spirit of God
had abandoned them ; that they were become as
" dumb dogs that could not bark"; and their
churches were deserted for the ministry of those
CHARLES II. S&9
who se fanatical language harmonized better with CHAP,
the excited feelings of their hearers 5i. 166g
Tweedale hitherto had acted by the advice, and .
been supported by the influence of Lauderdale • Proce.ed-
rr J mgs m
At length that nobleman came himself to Scot- parlia-
land, and held a parliament with the title of royal ~ ' „
L J Oct. 19.
commissioner. 1°. Its first act was to enable the
king to appoint commissioners, authorised to treat
with certain commissioners from England, respect-
ing an union of the two kingdoms ; a wise and
beneficial measure, which Charles had much at
heart, but which he was never able to accomplish.
In England, it was opposed through distrust of
the royal motives ; in Scotland, through fear that
it would be accompanied with the loss of national
independence. 2°. It had been discovered, that
the indulgence so lately granted was a violation
of the laws for the establishment of episcopacy :
and, to secure it from disturbance, and its authors
from prosecution, the act of allegiance was con-
verted into an act of unqualified supremacy, de-
claring the external government of the church an
inherent right of the crown, and giving the force
of law to all acts, orders, and constitutions respect-
ing that government, or ecclesiastical meetings, or
the matters to be proposed and determined in such
meetings, provided those acts, orders, and consti-
tutions, were recorded and published by the lords
of the privy council. 3°. When the regular army
Wodrow, 304. Kirkton, 288. Burnet, i. 488.
z 2
340 HISTORY OF ENGLAND.
CHAP, was disbanded, it had been deemed prudent to
1669 raise the militia of horse and foot, voted in the
parliament of 1663: and the men had been em-
bodied and armed in all but the western counties,
where it would have been madness to put weapons
into the hands of enthusiasts, ready, at the first
call of their leaders, to break into rebellion. It
was now not only declared that the right to levy
and command the army resided in the crown, but
moreover enacted, that the forces so levied should
march into any part of the king's dominions in
pursuance of orders transmitted to them from the
privy council. These two acts excited surprise
both in Scotland and England. By the first every
vestige of the independence of the church was
swept away : by the second, the king was placed
at the head of a standing army of twenty thou-
sand men, bound to execute his orders, and to
march into any part of his dominions. It might,
indeed, be doubted whether these words could be
so construed as to extend to England, where the
Scottish parliament could claim no authority ; but
the leaders of the opposition in England chose to
interpret them in that sense, and to make them
on that account one ground of their address for
the removal of Lauderdale from the councils and
the presence of the sovereign 56.
s" Wodrow, 309 ; App. No. 35. Kirkton, 301, 3. Lamont, 267.
Burnet, i. 492, 4, 5.
CHARLES II. 341
Though the recent act of supremacy shocked CHAP,
the religious feelings of every true son of the x ^
kirk, the government persisted in its former plan
of conciliation. Burnet, who had opposed the Act.
_ *■ * against
indulgence, because it gave jurisdiction without field-con-
collation from the bishop, was compelled by threats
to resign the archiepiscopal see of Glasgow ;
Leighton, a prelate of more moderate principles,
succeeded in his place ; and several ministers
were again admitted by " indulgence " into vacant
churches. Still the obstinacy of the majority re-
fused every proposal ; the conventicles grew more
numerous ; and the regular curates were exposed
to so many insults and injuries from the zeal of
their opponents, that those who obeyed, were said
to suffer no less than those who transgressed, the
law. The council determined to combine severity
with indulgence ; and, while they observed the
terms which had been granted to the more mode-
rate, condemned to imprisonment the ministers
who had preached at illegal assemblies, and ex-
acted fines from the persons who had afforded the
opportunity of committing the offence. But field-
conventicles became a special object of alarm.
From the stubborn and enthusiastic character of
the men who frequented them, they were consi-
dered as nurseries of sedition and treason ; and,
in the next session of parliament, Lauderdale
asked for some legal provision to abate so danger-
ous a practice. It was enacted that every unau- 1670.
thorised meeting for religious worship, even in a July 28'
342 HISTORY OF ENGLAND.
CHAP, private house, should be deemed a field conven-
jg-o tide, if any of the hearers stood in the open air ;
> and that every minister, who preached or prayed
on any such occasion, during- the three following
years, should incur the forfeiture of his property,
and the punishment of death. The covenanters
exclaimed loudly against the cruelty of the enact-
ment ; though such complaint came with less
grace from men, who had formerly demanded and
enforced laws of still greater inhumanity against
the professors of the catholic faith. The sequel,
however, showed that the measure was not only
inhuman, it was also impolitic. It did not put
down the field-conventicles, but it changed them
into conventicles of armed men57.
Attempt Before the terror, excited by this act, had sub-
«* prehen- sided, the commissioner, with the aid of Leighton,
■< sion ". wj10 on £jie resignation of Burnet had been trans-
lated to Glasgow, made an attempt to restore
tranquillity by " a comprehension" of the dissent-
ing ministers. The sole condition required was,
that they should attend presbyteries as they were
established before the year 1638 ; and to make
this the less objectionable, it was offered that the
bishops should waive their claim of a negative
voice, and that all who pleased, should be at liber-
ty to protest against it. But many saw, or thought
that they saw, even in this proposal, a conspiracy
57 Kirkton, 301. 5. Wodrow, 329 ; App. p. 130. Burnetii.
590. Salmon, Examin. 586.
Aug. 9.
CHARLES II. 3U
to Undermine the rights of the kirk. In a few chap.
years a new race of ministers would succeed, less 167'0
aware of the arts of their enemies, and less ha-
bitnated to contest the authority of the bishops :
those prelates would gradually resume their claims,
and the presidents would ultimately become the
masters of their respective presbyteries. It was
therefore replied, that such assemblies could bear
no resemblance to those which existed before the
year 1638. They had no power of the keys, no
ordination, no jurisdiction. The bishop would be
bishop still, though he should abstain from the
exercise of his negative voice. To assent to
such terms would be an apostacy from the prin-
ciples of the kirk, — " an homologation of episco-
" pacy" 59.
The religious dissensions continued, and the The se-
ministers and their hearers were occasionally irn- didgence.
prisoned and fined for their violations of the law. 1672.
In 1672, Lauderdale returned to Scotland with Ap
the title of duke, and accompanied by the coun-
tess of Uysart, whom he had recently married.
She had long been reputed his mistress 59 ; and
has been described as a proud, rapacious, and
■">'> Wodrow, 335, App. p. 132, 3. Kirkton, 296. Burnet, i.
476, 503, 513.
* In a suppressed passage in Burnet, that writer says : " I was
" in great doubt whether it was fit for me to see Lauderdale's
" mistress. Sir Robert Murray put an end to that. For he as-
" sured me there was nothing in that commerce between them
" besides a vast fondness." i. 518.
344 HISTORY OF ENGLAND.
CHAP, despotic woman, possessing unlimited dominion
iG?i over the mind of her husband' and making him
the obsequious minister of her passions. It was
intended that a second indulgence should be grant-
ed in Scotland, to correspond with the celebrated
declaration which had been issued in England.
But Lauderdale previously held a short session of
parliament, in which, to prevent the succession of
ministers in the kirk, severe punishments were
enacted against the ordainers and the ordained,
and the duration of the act against field-conven-
ticles was prolonged for three additional years.
At last he determined to publish the instrument
which for months had been expected, by many
with hope, by more with distrust. It named
about eighty ejected ministers ; ordered them to
repair to certain churches, and gave them liberty
to exercise all the duties of their office within the
limits of their respective parishes, but with a se-
vere injunction to abstain from all religious exer-
ts, cises in any other district. The consequence was
a schism in the body, which was not easily closed.
About one-fourth of the ministers named in the
indulgence refused to obey, and were confined by
order of council in particular places : the rest
accepted the churches which had been allotted to
them, having previously given their testimony
against the Erastianism of the measure. Its
framers had reason to be satisfied. The more
opulent of the covenanters attended the service of
CHARLES II. 345
the indulged ministers, and the number of con- CHAP,
venticles was diminished 60. 167'3
During this protracted struggle between the
government and its religious opponents, scarcely ^l^1"
a murmur of disapprobation had been heard in parlia-
the Scottish parliament. It seemed as if Charles,
at the restoration, had ascended a despotic throne,
and the supreme council was of no other use than
to record the edicts of the sovereign. The conse-
quence was, that the officers of government
extended and abused their authority ; every
department was filled with the relatives and
dependents of the commissioner ; and these made
it their chief object to enrich themselves at the
expense of the country. But that spirit of re-
ristance, which had so obstinately and success-
fully warred with the advocates of the court in
the parliament of England, aroused, at length, a
similar spirit in that of Scotland ; and a plan of
opposition, unknown to Lauderdale, was carefully
arranged, among the old cavaliers and his political
enemies. When he opened the next session, he 1673.
demanded with his usual confidence a plentiful Nov- l2-
grant of money to aid the king in his war against
the States. The young duke of Hamilton rose ;
Co Wodrow, 3.51. Kirkton, 315, 326, 334. Burnet gives him-
self out as the deviser of this plan, i. 520. Lauderdale had 16,000/.
allowed him for his outfit, as chief governor, with a salary of 50/.
per day, while the parliament sate ; and 10/. or 15/. per day dur-
ing the rest of the year. Wodrow, App. p. 1 18.
340' HISTORY OF ENGLAND.
CHAP, but, instead of expressing an obsequious assent, he
jg^3 called the attention of the house to the grievances
of the nation: the coin had been adulterated under
Hatton, the master of the mint, and Lauderdale's
brother ; by new regulations in the customs, the
price of salt, of brandy, and of tobacco, had been
raised ; monopolies in all these articles were
enjoyed by the friends of the minister, and the
administration of justice was polluted by personal
interests and animosities. Other speakers followed,
and all were careful to echo the sentiments of
Hamilton. The commissioner was amazed and
alarmed. He endeavoured to intimidate ; he ad-
journed the session for a week ; he abolished the
monopolies ; but he could not dissolve the combi-
nation, or satisfy the demands of his adversaries.
Hamilton and Tweedale repaired to London to
lay their grievances before the monarch ; Kincar-
dine was despatched to oppose them ; and Charles,
while he laboured to appease the discontent of one
party, religiously observed his promise not to de-
May 12. sert tne other. But all his efforts to conciliate
May 19. were fruitless : another prorogation took place ;
and, before it expired, the parliament was dis-
solved 6l.
6< Burnet, ii. 19—33, 36. Wodrow, 364, 369. Kirkton, 339—
342. If the reader compare the character of Lauderdale, drawn
by Burnet in the dedication of his four conferences, published at
this time, with the character of the same noblemen, drawn by him
in the History of his Own Times, he will form no very favourable
opinion of the veracity of that writer.
CHARLES II.
347
In the enumeration of grievances, the principal, CHAP,
the persecution of the covenanters, had never 167'3.
been mentioned. Since the last act of supremacy.
religious subjects were avoided, as forbidden 0f conven-
ground on which it was dangerous to tread. ticles-
Lauderdale, however, took it into consideration,
and published an act of grace, pardoning every
offence against any of the conventicle acts com-
mitted before the fourth of March, 1674. If by
this concession he sought to conciliate the minds
of the covenanters, he was disappointed ; for they
attributed his lenity to weakness, and looked on
pardon for the past as an encouragement to new
transgressions. From that day, the cause of these
religionists made constant progress. In the north,
indeed, they were but few ; and in the west they
might attend without impediment the service of
the indulged ministers; but from the English
borders to the river Tay the conventicles con-
tinued to multiply. They were held in the
vacant churches, in private houses, in the open
air; on every sabbath, crowds assembled, for
the purpose of worship, around a lofty pole, fixed
in a glen, on a monntain, or in the midst of a
morass ; and the minds of the people were occu-
pied during the week with conversation respecting
the gifts and doctrine of the preachers, the dangers
which they had run, the persecutions which they
had suffered, and the place and time appointed
for the next conventicle. A spirit of the most
ardent and obstinate fanaticism animated the great
348
HISTORY OF ENGLAND.
C II A P.
IV.
1607.
Ireland.
1667.
Rccal of
Ormond.
mass of the population ; and hostility to episco-
pacy was coupled with hostility to that govern-
ment by which episcopacy was maintained62.
II. The history of Ireland during the same
period furnishes but little that can interest the
general reader. The English act of parliament,
prohibiting the importation of Irish cattle, had
reduced the agricultural classes in Ireland to the
lowest distress; and Ormond, the lord-lieutenant,
who was himself a principal sufferer, employed all
his power and ingenuity to discover and open new
sources of industry and new channels of commerce.
A free trade was permitted between Ireland and
all foreign countries, whether at peace or war with
the king of Great Britain : the introduction of
Scottish woollens was prohibited, as a measure of
retaliation against the Scots, who, after the ex-
ample of the English parliament, had forbidden
the importation of Irish cattle into Scotland : and,
to encourage the manufacture of woollen and
linen cloths, five hundred Walloon families, from
the neighbourhood of Canterbury, and an equal
number from Flanders, were induced to settle in
Ireland 63. But after the fall of Clarendon, it was
62 Wodrow, 366. Kirkton, 343. " At these great meetings
" many a sovd was converted to Jesns Christ ; but far more turned
" from the bishops to profess themselves presbyterians. The
" paroch churches of the curates came to be like pest-houses;
" few went to any of them, and none to some: so the doors were
" keptlockt." Ibid.
6J Carte, ii. 342, 4.
CHAItLES II. 349
not the intention of those who succeeded in the CHAP,
administration, to leave his friend Ormond at the 166'7.
head of the Irish government. His conduct was
scrutinized and censured ; charges of oppression
of individuals, and mismanagement of the revenue,
were brought against him ; and the duke hastened i6gs.
to London to defend his character against the April 24.
intrigues of his enemies. For almost a year his
fate hung in suspense. The good-nature of
Charles shrunk from the idea of unkindness to-
wards an old and faithful servant ; his love of
ease could not resist the obstinate and repeated
importunities of Buckingham and his colleagues.
At length a promise was wrung from the reluctant
monarch ; and, after a protracted struggle, he 1669
announced to Ormond his removal, but in Ian- Feb. 14.
guage the most flattering and affectionate which
he could devise. Lord Robartes, a man of rigid
notions, and repulsive manners, was appointed to Sep.
the vacant office, which he only held long enough
to earn the dislike of the Irish, and to disappoint
the expectations of the cabinet. After seven ifi70.
months, he was recalled, to make place for lord May.
Berkeley, of Stratton, who had distinguished
himself by his hostility to Clarendon, and would
not, it was supposed, be unwilling to discover
grounds of complaint or impeachment against
Ormond 6i.
6< Carte, ii. 375, 9, 413. Pepys, iv. 101, 191, 246. "Ormond
" had none that took his part but his R. II., (the duke of York,)
" who thought it very scandalous that one, who had always been
350 HISTORY OF ENGLAND.
CHAT. Eight years had now elapsed since the act of
l6?0 settlement, five since the act of explanation was
passed ; still these measures had been but imper-
Claims of fectly executed, on account of the conflicting na-
the na- J »
tives. ture of the claims, and the deficiency of the fund
for reprisals. Not only the thousands whom the
law debarred from all relief, but many of those
whom it took under protection, loudly complained
Nov. 28. °f injustice; and, after the arrival of the new
chief governor, six peers, and forty-five gentlemen,
ventured to subscribe a petition to the king, ex-
plaining their wrongs, and earnestly imploring
redress. Charles compassionated the sufferings of
men, most of whom had devoted themselves to his
service during the time of his exile ; and the
ministers were ready to accede to any measure
which would throw discredit on their predecessors
1671. in office. Though Ormond came forward to op-
Feb. l. p0Se tjle praver 0f the petitioners ; though Finch,
Commis- ,i , , , ,
sionofre-the attorney general, pronounced against then-
view, claim ; a committee was appointed to review the
^b" *' settlement of Ireland ; and, on a representation
that their powers were defective, they afterwards
obtained authority to send for persons, papers,
and records ; and to require information from all
officers under the crown. The commissioners
were, prince Rupert, the duke of Buckingham, the
earls of Lauderdale and Anglesey, the lords Hollis,
" so loyal, should be prosecuted and run down by men, who had
« been most of them downright rebels, or little better." James,
i. 43.5.
CHARLES II. 351
and Ashley, secretary Trevor, and Sir Thomas CHAP.
Chicheley. They proceeded slowly : more than a 167g
year was employed in the examination of papers
and witnesses, in comparing the arguments of the
petitioners with the contrary claims of the soldiers,
adventurers, and purchasers of lands in Connaught;
and in hearing the complaints brought against the
duke of Ormond, and his defence of his conduct.
The duration of the commission, and its renewal 1673.
with more extensive powers, raised the hopes of ' 17'
the natives ; but their opponents sought the
powerful aid of the English house of commons,
which had lately compelled the king to rescind the
declaration of indulgence, and had passed several
resolutions expressive of their hatred to popery
and its professors. The cause was warmly taken
up by the popular leaders ; and an address was March 25.
presented to the king, demanding the revocation
of the commission, the maintenance of the act of
settlement in Ireland, the banishment of the catho-
lic priests from that kingdom, the expulsion of all
catholic inhabitants out of Irish corporations, and
the punishment of colonel Richard Talbot, who
had acted as agent for the natives before the com-
mission. Charles briefly replied, that on all these Commis-
particulars it would be his care that no man should soiVecl.~
have reason to complain ; and, in the course of March 26.
a few days, the commission was dissolved, and the
prospect of relief for ever closed to the great body
of the petitioners. The king, indeed, still cherish-
ed the hope of mitigating their sufferings. He
IV.
1673.
352 HISTORY OF ENGLAND.
CHAP, appointed a committee of the council to reconsider
the subject ; but no other benefit resulted from
their deliberation, than the trifling addition of
2000/. per annum to a fund which had already
been provided for the purpose of furnishing pen-
sions to the twenty nominees in the act of expla-
nation 65.
es Carte, ii. 427, 9, 438. C. Journ. Mar. 25, 26.
NOTES.
NOTE [A], Page 93.
EXTRACT OF A LETTER FROM CHARLES II. TO
THE LORD CHANCELLOR.
1 NOW I am on this matter, I thinke it necessary to
" give you a little good councell in it, least you may
" thinke that by making a further stirr in the busi-
" nesse, you may diverte me from my resolution, which
" all the world shall never do ; and I wish I may be
" unhappy in this world and in the world to come, if
" I faile in the least degree of what I have resolved,
" which is of making my lady Castlemaine of my wive's
" bedchamber, and whosoever I finde use any endea-
" vour to hinder this resolution of myne (excepte it be
" only to myselfe), I will be his enemy to the last mo-
" ment of my life. You know how true a friend I have
" been to you. If you will oblige me eternally, make
" this businesse as easy to me as you can, of what
" opinion soever you are of; for I am resolved to go
" through with this matter, let what will come of it,
" which again I solemnly swear before Almighty God.
" Therefore, if you desire to have the countenance of
" my friendship, medle no more with this businesse,
*' except it be to beat down all false and scandalous
" reports, and to facilitate what I am sure my honour
" is so much concerned in. And whosoever I find to
" be my lady Castlemaine's enemy in this matter, I do
" promise upon my word to be his enemy as long as
vol. xu. 2 A
351 NOTES.
" I live. You may shew this letter to my lord lieute-
" nant (Ormond), and if you have both a minde to
" oblige me, carry yourselves like friends to me in this
" matter." Lansdowne MSS. 1206. 121.
NOTE [B], Page 218.
THE SECRET TREATY OF 1670.
[The original of this important treaty is in the posses-
sion of Lord Clifford, to whose kindness I am in-
debted for the permission of presenting it for the
first time to the eyes of the public]
Charles R.
Charles par la grace de dieu Roy de la Grande-
Bretagne, France et Irelande, defenseur de la foye, a
tous ceux qui ces presentes lettres verront, Salut.
Ayant leu et meurement considere les pouvoirs du
Sieur Colbert, ambassadeur de nostre tres-cher et tres-
ame frere et cousin le Roy Tres-chrestien dattes du
31 octobre 1669 par lesquels notre dit Frere luy donne
autorite de conferer avec les commissaires, que nous
pourrions nommer, traitter, conclurre, et signer des
articles d'une plus etroitte amitie, liaison et confe-
deration entre nous, et declare que nulle autre alliance
ne luy peut estre plus agreable ny plus avantageuse a.
ses sujets, nous qui sommes dans les mesmes disposi-
tions, et qui n'avons point de desir plus ardent que
de nous lier d'une amitie parfaite et indissoluble avec
nostre dl Frere, y estant convies et par la proximite
du sang, l'afFection et estime que nous avons pour sa
personne, les avantages qui en reviendront aux peuples
que dieu a sousmis a nostre obeissance, et sur tout
NOTES. 355
l'appuy et assistance, que nous nous pouvons promettre
de l'amitie et du zele d'un si puissant allie dans le
dessein que nous avons (avec la grace de Dieu) de nous
reconcilier avec l'eglise Romaine, donner par la le repos
a nostre conscience, et procurer le bien de la religion
catholique, Scavoir faissons q'ayans une entiere con-
fiance en la fidelite, suffisance, zele, et prudence de
nostre tres-fe'al et bien-ame le my Lord Arlington,
conseiller en nostre conseil prive et nostre premier
secretaire d'estat ; nostre tres-feal et bien-ame le
my Lord Arundel cle Warder ; nostre tres-feal et bien-
ame le sieur chevalier Clifford, conseillier en nostre
conseil prive, Thresorier de nostre maison, et commis-
saire de nos finances ; nostre feal et bien ame le sieur
chevalier Bellings, secretaire des commandmens de la
Reyne nostre tres-chere espouse, nous avons les dits
my Lords Arlington et Arundel, les sieurs chevaliers
Clifford et Bellings commis, ordonne et depute, com-
mettons, ordonnons, et deputons par ces presentes
signees de nostre main, et leur avons donne et donnons
plein pouvoir, autorite, commission, et mandement
special, de conferer avec ledit sieur Colbert, ambas-
sadeur de nostre tres-cher et tres-ame" Frere et Cousin
le Roy Treschrestien, des moyens de parvenir a l'esta-
blissement d'une plus estroitte amitic, liaison et con-
federation entre nous, et traitter et convenir ensemble,
et sur iceux conclurre, et signer tels articles et con-
ventions que nos dits commissaires aviseront bon estre
tant sur le fait du commerce, que sur toutes autres
sortes d'affaires et d'interests, et mesme de ligues
offensives et deffensives, et generallement faire, nego-
tier, promettre, accorder et signer tout ce qu'ils esti-
meront necessaire pour les effets cy dessus dits : Pro-
mettant, foye et parolle de Roy, sous l'obligation et
hypotheque de tous nos biens presens et a venir de
■2 a 2
356 NOTES.
tenir ferme et stable; et d'accomplir, sans jamais y
contrevenir n'y permettre qu'il y soit contrevenu, tout
ce qui par nos dits commissaires aura este stipule
prornis et accorde en vertu du present pouvoir, et d'en
faire expedier nos lettres de ratification en bonne forme,
et les fournir dans le temps qu'il nous y auront obligez
en tesmoing de quoy nous avons fait mettre aux dites
presentes le seel de nostre secret. Donne a White-
hall le quinziesme de decembre, L'an mil six cens
soixante et neuf, et de nostre regne le vingt et uniesme.
Par commandement de sa Mate
Arlington.
Au nom de Dieu tout puissant soit notoire a tous
et un chacun, que comme ainsi soit que le Serenissime
et tres-puissant Prince Charles Second par la grace de
dieu Roy de la Grande- Bretagne, et le Serenissime
et tres-puissant Prince Louis quatorziesme par la
mesme grace de dieu Roy Treschrestien auroient
tousjours donne tous leurs soins et toute leur applica-
tion a procurer a leurs sujets une felicite parfaite, et
que leur propre experience leur auroit asses fait con-
noistre que ce bonheur commun ne se peut rencontrev
que dans une tres estroitte union, alliance, et confe-
deration entre leurs personnes et les pays et estats qui
leur sont sousmis, a quoy s'estant trouves esgallement
portes, tant par la sincere amitie et affection que la
proximite" du sang, celle de leurs royaumes, et beau-
coup d'autres convenances ont estably entre eux, et
qu'ils ont conserve cherement au plus fort des des-
meles que les interests d'autruy leur ont fait avoir
ensemble; que par le desir qu'ils ont de pourvoir a la
seurete de leurs dits pays et estats, comme aussy au
bien et a la commodite de leurs sujets dont le commerce
NOTES. 357
doit recevoir dans la suite du temps de notables avan-
tages de cette bonne correspondence et liaison d'inte-
rests ; les dits Seigneurs Roys pour executer ce saint
et louable desir, et pour tousjours fortifier, confirmer,
et entretenir la bonne amitie et intelligence qui est a
present entre eux, ont commis et depute chacun de sa
part, se,avoir ledit Seigneur Roy de la Grande-Bretagne
le rnyLord Arlington conseillier au conseil prive de
sa majeste, et son premier secretaire d'estat, le my Lord
Arundel de Warder, le sieur chevalier Clifford, con-
seillier au conseil prive de sa majeste, Thresorier de
sa maison, et commissaire de ses finances, le sr cheva-
lier Bellings, secretaire des commandemens de la Reyne
de la Grande-Bretagne, et ledit seigneur Roy Tres-
chretien le sieur Charles Colbert, seigr de Croissy,
conseillier ordrc de sa majeste en son conseil d'estat, et
son ambassadeur ordinaire vers sa majeste de la
Grande-Bretagne, sufiisament autorises ainsy qu'il
apparoistra par la teneur des dits pouvoirs et com-
missions a eux respectivement donnes par lesdits
Seigneurs Roys et inseres de mot a mot a la fin de
ce present traitte en vertu des quels pouvoirs ils ont
accorde au noms des susdits Seigneurs Rovs les articles
qui ensuivent.
1. II estconvenu arreste etconclu qu'il y aura a. toute
perpetuite bonne secure etferme paix, union, vraye con-
fraternite, confederation, amitie, alliance, et bonne cor-
respondence entre le dit seigneur Roy de la Grande-
Bretagne, ses hoirs, et successeurs d'une part, et le dit
Seigneur Roy Treschretien de l'autre, et entre tous et
chacun de leurs Royaumes, estats et territoires, comrae
aussy entre leurs sujets et vassaux, qu'ils ont ou posse-
dent a present, ou pourront avoir, tenir, et posseder cy
apres, tant par mer et autres eaux que par terre : et
pour lesmoigner que cette paix doit cstre inviolable
358 NOTES.
sans que rien au nionde la puisse a jamais troubler il
s'ensuit des articles d'une confiance si grande, et
d'ailleurs si avantageuse aux dits Seigneurs Roys,
qu'ii peine trouvera-t-on que dans aucun siecle on
en ait arreste et conclu de plus importans.
2. Le Seigneur Roy de la Grande-Bretagne estant
convaincu de la verite de la religion catholique, et
rc'solu d'en faire sa declaration, et de se reconcilier
avec l'eglise Roraaine aussy tost que le bien des
affaires de son royaume luy pourra permettre, a tout
sujet d'esperer et de se permettre de l'affection et de la
fidelite de ses sujets qu'aucun d'eux, mesme de ceux
sur qui dieu n'aura pas encore asses abondamment
respandu ses graces pour les disposer par cet example
si auguste a se convertir, ne manqueront jamais a.
l'obeissance inviolable que tous les peuples doivent a.
leurs souverains mesme de Religion contraire ; neant-
moins comme il se trouve quelques fois des esprits
brouillons et inquiets qui s'efforcent de troubler la
tranquillite publique principalment lorsqu'ils peuvent
couvrir leurs mauvais desseins du pretexte plausible
de religion ; sa majeste de la Grande-Bretagne qui n'a
rien plus a. coeur (apres le repos de sa conscience) que
d'affermir celuy que la douceur de son gouvernment a
procure a. ses sujets, a cru que le meilleur moien
d'empecher qu'il ne fust altere, seroit d'estre asseure
en cas de besoin de Passistance desa majeste Tres-
chrestienne, laquelle voulant en cette occasion donner
au Seigneur Roy de la Grande Bretagne des preuves
indubitables de la sincerite de son amitie, et contribuer
au bon succes d'un dessein si glorieux, si util a. sa
majeste de la Grande-Bretagne, mesme a toute la reli-
gion Catholique, a promis et promet de donner pour
cet effet au dit Seigneur Roy de la Grande-Bretagne
la somme de deux millions de livres tournoises dont
NOTES. 359
la moitie sera pay6e trois mois apres l'eschange des
ratifications du present traitte en espece a. l'ordre
dudit Seigneur Roy de la Grande-Bretagne a Calais,
Dieppe, ou bien au Havre de Grace, ou remis par
lettres de change a Londres au risques perils et frais
dudit Seigneur Roy Treschrestien et l'autre moitie de
la mesme maniere dans trois mois apres : et en outre
ledit Seigneur Roy Treschrestien s'oblige d'assister de
troupes sa majeste de la Grande-Bretagne, jusq'au
nombre de six mille hommes de pied s'il est besoin,
et mesme de les lever et entretenir a ses propres frais
et despens, tant que ledit Seigneur Roy de la Grande-
Bretagne jugera en avoir besoin pour l'execution de
son dessein : et lesdites troupes seront transporters
paries vaisseaux du Roy de la Grande-Bretagne en tels
lieux et ports qu'il jugera le plus a. propos pour le bien
de son service, et du jour de leur embarquement seront
payees, ainsy qu'il est dit, par sa majeste Treschres-
tienne, et obeiront aux ordres du dit Seigneur Roy de
la Grande-Bretagne, et le temps de ladite declaration
de Catolicite est entierment remis au choix dudit
Seigneur Roy de la Grande-Bretagne.
3. Item a este convenu entre le Roy Treschrestien
etsa Majeste de la Grande-Bretagne que ledit Seigneur
Roy Treschrestien ne rompra ny n'enfreindra jamais
la paix qu'il a fait avec l'Espagne, et ne contreviendra
en chose quelconque a. ce qu'il a promis par le traitte
d'Aix la Chapelle, et par consequent il sera permis
au Roy de la Grande Bretagne de maintenir ledit
traitte conformement aux conditions de la triple alli-
ance, et des engagemens qui en dependent.
4. II est aussy convenu et accorde que s'il echeoit
cy-apres au Roy Treschrestien de nouveaux tiltres et
droits sur la Monarchic d'Espagne, ledit Seigneur Roy
de la Grande-Bretagne assistera sa Majeste Treschres-
300 NOTES.
tienne de toutes ses forces tant par mer que par terre,
pour luy faciliter ^acquisition desdits droits, le tout
suivant les conditions particulieres dont lesdits Seig-
neurs Roys se reservent de convenir tant pour la jonc-
tion de leurs forces apres que le cas de Pescheance des-
dits tiltres et droits sera arrive que pour les avantages
que ledit Seigneur Roy pourra raisonnablement desirer :
et lesdits Seigneurs Roys s'obligent reciproquement
des a present de ne faire aucun traicte de part n'y
d'autre pour raisons desdits nouveaux droits et tiltres
avec aucun Prince ou Potentat quel que ce puisse estre
que de concert et du consentment de Pun et de Pautre.
5. Lesdits Seigneurs Roys ayantchacun en son par-
ticulier beaucoup plus de sujets qu'ils n'en auroient
besoin pour justifier dans le monde la resolution qu'ils
ont pris de mortifier Porgueil des estats generaux des
provinces unies des pays bas, et d'abbatre la puis-
sance d'une nation qui s'est si souvent noircie d'une
extreme ingratitude envers ses propres fondateurs et
createurs de cette republique, et laquelle mesme a
Paudace de se vouloir aujourd'huy eriger en sou-
ve rains arbitres et juges de tous les autres potentats,
il est convenu, arreste et conclu, que leurs Majestes
declareront et feront la guerre conjointement avec
toutes leurs forces de terre et de mer aux dits estats
generaux des provinces unies des pays bas, et qu'aucun
desdit Seigneurs Roys ne pourra faire de traicte de
paix, de treves, ou de suspension d'armes avec eux,
sans Pavis et le consentment de Pautre, comme aussi
que tout commerce entre les sujets desdits Seigneurs
Roys et ceux desdits estats sera defend u, et que les
navires et biens de ceux qui trafiqueront nonobstant
cette defence pourront estre saisis par les sujets de
Pautre Seigneur Roy, et seront reputes de juste prise ;
el tous traictes precedens faits entre lesdits estats et
NOTES. 361
aucun clesdit Seigneurs Roys ou leurs predecesseurs
demeureront mils, excepte celuy de la triple alliance
fait pour la manutention du traicte d'Aix la Chapelle,
et si apres la declaration de la guerre on prend prison-
niers les sujets d'aucun desdit Seigneurs Roys qui
seront enrolles au service desdits estats, ou s'y
trouveront actuellement, ils seront executes a mort par
la justice dudit Seigneur Roy dont les sujets les auront
pris.
6. Et pour faire et conduire cette guerre aussy
heureusement que lesdits Seigneurs Roys esperent de
la justice de la cause commune, il est aussy convenu
que sa majeste Treschrestienne se chargera de toute la
despense qu'il conviendra faire pour mettre sur pied,
entretenir, et faire agir les armees necessaires pour
attaquer puissamment par terre les places et pays des-
dits estats, ledit Seigneur Roy de la Grande-Bretagne
s'obligeant seulement de faire passer dans l'armee
dudit Seigneur Roy Treschrestien, et d'y entretenir
tousjours a ses despens un corps de six mil homines
de pied, dont le commandant sera general, et obeira
a sa Majeste Treschrestienne, et a celuy qui com-
mandera en chef l'armee, ou ledit corps de troupes
servira comme auxiliare, lequel sera compose de six
regimens de dix companies chacun, et de cent homines
chaque companie : et lesdites troupes seront • trans-
porters et debarquees en tels ports ou havres et en tel
temps qu'il sera concerte cy-apres entre lesdits Seig-
neursRoys ; ensorte neantmoins qu'elles puissentarriver
aux costes de Picardie, ou tel autre lieu qui sera
concerte, au plus tard un mois apres que les flottes
se seront jointes aux environs de Portsmouth, ainsy
qu'il sera dit cy-apres.
7. Et pour ce qui regard la guerre de mer ledit
Seigneur Roy de la Grande Bretague se chargera de
362 NOTES.
ce fardeau, et armera au moins cinquante gros vais-
seaux, et dix bruslots, auxquels le dit Seigneur Roy
Treschrestien s'obligera de joindre une escadre de
trente bons vaisseaux Francois, dont le moindre por-
tera quarante pieces de canon, et un nombre de bruslots
suffisant jusques a dix, mesme s'il est necessaire a
proportion de se qu'il y en devra avoir en la flotte ;
laquelle escadre de vaisseaux auxiliares Francois con-
tinues a servir durant le temps de ladite guerre aux
frais et despens de sa Majeste Treschrestienne, et
en cas de perte d'hommes et de vaisseaux, ils seront
remplaces le plustot qu'il se pourra par sa Majeste
Treschrestienne et ladite escadre sera commanded par
un vice-admiral ou lieutenant-general Francois qui
obeira aux ordres de son altesse Royale Monseigneur
le due de Yorke en vertu des pouvoirs que lesdits Seig-
neurs Roys donneront audit Seigneur due, chacun
pour les vaisseaux qui luy appartiennent ; et pourra
ledit Seigneur due attaquer et combattre les vaisseaux
Hollandois, et faire tout ce qu'il jugera le plus apro-
pos pour le bien de la cause commune, jouyraaussy de
l'honneur du pavilion, des saluts, et des toutes les
autres autorites, prerogatives, et preeminences dont les
admiraux ont coutume de jouir, et d'autre part aussy
le dit vice-admiral ou lieutenant-general Francois aura
pour sa personne la preseance dans les conseils, et pour
son vaisseau et pavilion de vice-admiral celle de la
marche sur le vice-admiral et vaisseau de ce nom
Ano-lois. Au surplus les capitains, commandans,
officiers, matelots et soldats de l'une et de l'autre
nation se comporterontentre eux amicablement, suivant
le concert qui sera fait cy-apres, pour empecher qu'il
n'y arrive aucun incident qui puisse alterer la bonne
union ; et afin que le dit Seigneur Roy de la Grande-
Bretagne puisse plus facilement supporter les frais
NOTES. 363
de cette guerre, sa Majeste Treschrestienne s'oblige
a payer tous les ans audit Roy tant que ladite guerre
durera en la raaniere susdite la somme de trois mil-
lions de livres Tournoises dont le premier payement qui
sera de sept cens cinquante mille livres tournoises, se
fera trois mois avant la declaration de la guerre, le
second de pareille somme dans le temps de ladite
declaration, et le reste montant a quinze cens mille
livres tournoises six mois apres ladite declaration : et
en annees suivantes le premier payement qui sera de
sept cens cinquante mille livres tournoises se fera au
premier de Febrier, le second de pareille somme au
premier de May, et le troisieme montant a quinze
cens mille livres tournoises au quinsieme d'octobre,
lesquelles sommes seront payees en espece a l'ordre
du Roy de la Grande-Bretagne, a Calais, Dieppe,
ou Havre de Grace, ou bien remises par lettres de
change a Londres aux risques, perils, et frais dudit
Seigneur Roy Treschrestien. II a este aussy con-
venu et arreste que ledit Seigneur Roy de la Grande-
Bretagne ne sera pas oblige' de declarer cette guerre,
jusqu'a. ce que l'escadre auxiliare desdits trente vais-
seaux de guerre Francois et dix bruslots seront joints
avec la flotte Angloise aux environs de Portsmouth :
et de toutes les conquestes qui se feront sur les
estats generaux sa majeste de la Grande-Bretagne se
contentera des places qui s'ensuivent; sgavoir l'isle
de Walkeren, l'escluse avec l'isle de Cassants, et la
maniere d'ataquer et de continuer la guerre sera ad-
justee par un reglement qui sera cy-apres concerte, et
d'autant que la dissolution du gouvernment des estats
generaux pourroit apporter quelque prejudice au Prince
d'Orange neveu du Roy de la Grande Bretagne et
mesme qu'il se trouve des places, villes et gouvernmens
qui luy appartient dans le partage qu'on se propose de
364 NOTES.
faire du pays, il a este arreste et conclu que lesdits
Seigneurs Roys feront leur possible a. ce que le dit
Prince trouve ses avantages dans la continuation et fin
de cette guerre : ainsy qu'il sera cy-apres stipule dans
des articles a. part.
8. Item a este arreste qu'avant la declaration de
cette guerre lesdits Seigneurs Roys feront tous leurs
efforts conjointment ou en particulier, selon que Focca-
sion le pourra requerir pour persuader aux Roys de
Suede et de Denneraark ou a Fun d'eux d'entrer en
cette guerre contre les estats generaux, au moins de
les obliger de se tenir neutres, et l'on taschera de
mesme d'attirer dans ce party les clecteurs de Cologne
et de Branderbourg, la maison de Brunswick, le due
de Neubourg et Fesvesque de Munster. Les dits Seig-
neurs Roys feront aussy leur possible pour persuader
mesme a. l'empereur et la couronne d'Espagne de ne
s'opposer pas a la conqueste dudit pays.
9. II est pareillement convenu et accorde qu'apres
que le dit Seigneur Roy de la Grande-Bretagne aura
fait la declaration specifiee au second article de ce
traicte, qu'on espere moyennant la grace de dieu devoir
estre suivi d'un heureux succes, il sera entitlement au
pouvoir et au choix dudit Seigneur Roy Treschres-
tien de determiner le temps auquel lesdits Seigneur
Roys devront faire la guerre avec leurs forces unies
contre les estats generaux : sa majeste de la Grande-
Bretagne promettant d'en faire aussy sa declaration
conjointment dans le temps que sa majeste Tres-
chrestienne jugera estre le plus propre pour cet effect,
ledit Seigneur Roy de la Grande-Bretagne estant
asseure que sa majeste Treschrestienne nommant ledit
temps aura esgard aux interests des deux couronnes?
qui apres la conclusion de ce traicte seront communs a
tous deux et inseparables.
NOTES. 365
10- Si dans aucun traicte precedent fait par Fun ou
Vautre desdits Seigneurs Roys avec quelque Prince ou
estat que ce soit, il se trouve des clauses contraires a,
celles qui sont specifiees dans cette ligue, lesdites
clauses seront nulles, et celles qui sont contenues dans
ce present traicte demeureront dans leur force et
vigeur.
Et pour d'autant plus unir les esprits et interests
des sujets desdits Seigneurs Roys, il a este convenu
que le traicte de commerce qui se fait a present,
s'achevra au plutot qu'il se pourra.
Lesquels points et articles cy dessus enonces ensem-
ble, et tout le contenu en chacun d'iceux ont este
traictes accordes, passes, et stipules entre le myLord
Arlington, le myLord Arundel de Warder, le sieur che-
valier Clifford, et le sieur chevalier Bellings com-
missaires de sa majeste de la Grande-Bretagne, et le
sieur Colbert, ambassadeur de sa majeste Treschres-
tienne, aux noms desdit Seigneurs Roys, et en vertu de
leurs pouvoirs dont les copies sont inserees au bas du
present traicte. lis ont promis et promettent sous
l'oblio-ation de tous et chacuns des biens et estats
presens et a venir desdits Seigneurs Roys qu'ils seront
par leurs majestes inviolablement observes et accom-
plis, et de s'en bailler et delivrer reciproquement dans
un mois du jour et datte des presentes, et plustost, si
faire se peut, les lettres de ratification desdits Seigneurs
Roys en la meilleure forme que faire se pourra : et
d'autant qu'il est absolument necessaire pour le bon
succes de ce qui est stipule par le present traicte, de le
tenir fort secret, jusq'a ce qu'il soit temps de le mettre
a execution, lcsdits sieurs commissaires et ambassa-
deur sont demeures d'accord, qu'il suffira pour la
validite du dit traicte que les ratifications desdits
Seigneurs Roys soient siguees dc leurs propres mains,
366 NOTES.
et cachetees du seau de leur secret, que lesdits Seig-
neurs Roys declareront dans les dites lettres de rati-
fication avoir pour cet effect la mesme force que si leur
grand seau y estoit appose, ce que mesme chacun d'eux
s'obligera de faire aussy tost qu'il le pourra, et qu'il en
sera requis. En foy de quoy les dites sieurs commis-
saires et ambassadeur ont signe le present traicte et a
iceluy fait apposer le cachet de leurs amies. A
Douvres ce vingt et deuxiesme jour du mois de May
Fan de grace mil six cens soixante et dix.
© Arlington. COLBERT. 0
0 T. Arundell.
0 T. Clifford.
© R. Bellings.
There follow three additional secret articles signed at
Dover the same day. By the first, if Charles could
not spare six thousand men, Louis was to be content
with four : — by the second, if the duke of York were
to retire from the command of the fleet, the English
admiral was to enjoy all the command and powers which
the duke ought to possess : — and, by the third it was
agreed, that the stipulation in favour of the prince of
Orange should not prevent the other powers from
making war conjointly at the time stipulated by the 9th
article.
In another paper is a declaration that, if in the
treaty or the power of the negociators, il se trouve
quelque chose dans les tiltres et qualites des Roys
nos maistres, qui soit contraire a la pluralite des
traittes qui out ete faits entre l'Angleterre et la
NOTES 367
France, tant sous le regne du feu Roy d'Angleterre
Charles premier, que sous celuy du Roy regnant a
present, nous le reformerons avant l'eschange des
ratifications du dittraitte, et sans retardment d'icelle.
NOTE [C], Page 219-
On the death of Henrietta, duchess of Orleans,
Louis wrote the following Letter of condolence to
Charles : —
Versailles, le 30 juin 1670.
Monsieur mon frere, — La tendre amitie que
j'avois pour ma sceur vous e'toit assez connue pour
n'avoir pas de peine a comprendre l'etat ou m'a reduit
sa mort. Dans cet accablement de douleur je puis dire
que la part que je prends a la votre, pour laperte d'une
personne qui vous £toit si chere aussi bien qu'a moi, est
encore un surcroit a l'exces de mon affliction : le seul
soulagement dont je suis capable, est la confiance qui
me reste, que cet accident ne changera rien a nos
affections, et que vous me conserverez les votres aussi
entities, que je vous conserverai les miennes. Je me
remets du surplus au sieur Colbert, mon ambassadeur.
NOTE [D], Page 280.
The letters patent by which Louis XIV. grants the
domain of Aubigni to Mademoiselle de Querouaille,
and after her to one of the illegitimate sons of Charles
II. , to be named by that prince.
Louis, par la grace de dieu, roi de France et de
Navarre, a tous presens et a venir, salut. La tene
868 NOTES.
d'Aubigni-sur-Niere, dans notre province de Berri,
ayant ete donnee des l'annee 1422, par le roi Charles
VII, Tun de nos predecesseurs a Jean Stuart, comrae
une marque des grands et considerables services qu'il
avoit rendus dans la guerre a. ce roi et sa couronne, et
cette donation ayant ete accompagnee de condition que
ladite terre d'Aubigni passeroit de male en male a. tous
les descendans dudit Jean Stuart, avec reversion a notre
couronne, lorsque la branche masculine qui seroit venue
de lui seroit eteinte, ce cas porte par lesdites lettres de
donation est arrive l'annee derni^re, par la mort de notre
cousin le due de Richemont, dernier de la ligne mascu-
line dudit Jean Stuart. Mais parceque cette terre ayant
ete, durant tant d'annees, dans une maison qui avoit
l'honneur d'appartenir de si pres a notre tres-cher et
tres aime frere le roi de la Grande-Bretagne, ledit Roi
nous auroit fait temoigner, qu'il seroit bien aise qu'a
cette consideration nous voulussions bien la faire passer
a une personne qu'il affectionneroit, et rentier apres
elle clans une maison qui fut encore unie par le sang
a. la sienne ; qu'a ce sujet il nous auroit fait requerir
que nous voulussions bien accorder nos lettres de do-
nation de ladite terre d'Aubigni-sur-Niere a la dame ....
de Kerouel, duchesse de Portsmouth, pour passer apres
sa mort a tel des enfans naturels de notre frere le roi de
la Grande-Bretagne qu'il voudra nommer, sous les
memes clauses et conditions que la meme terre fut
premierement donnee par le Roi Charles VII en 1422
au susdit Jean Stuart, et que ladite terre etant passee
a tel fils naturel dudit Roi de la Grande-Bretagne
qu'il aura voulu nommer, elle demeure audit fils na-
turel, et a ses descendans de male en male, avec droit
de reversion a notre couronne, au defaut d'enfans males
et par l'extinction de la ligne masculine, qui seroit
sortie de lui. Comme nous embrassons avec plaisir
NOTES. 369
les occasions qui se presentent de donner a notre
dit frere le roi de la Grande-Bretagne, des marques
de notre amitie et de l'extreme consideration que
nous avons pour ce qu'il desire, et que nous avons aussi
bien agreable qu'une terre qui etoit denieuree durant
tant d'annees dans une maison si illustre, retourne
en quelque sort a. son origine en passant un jour entre
les mains d'un filsnaturel de notre dit frere, nous avons
bien voulu disposer de ladite terre d'Aubigni en la
maniere que nous avons ete requis par notre susdit
frere de roi de la Grande-Bretagne.
A ces causes, savoir faisons que de notre grace
speciale, pleine puissance et autorite royale, nous
avons a. ladite dame . . . .de Kerouel, duchesse de Ports-
mouth, et apres elle a celui des fils naturels de
notredit frere le roi de la Grande-Bretagne qu'il nom-
mera, et aux descendans males en ligne directe dudit
fils naturel, donne, cede, transporte, et delaisse, don-
nons, cedons, transportons et delaissons par ces pre-
sentes signees de notre main, le fonds et propriety
de la terre d'Aubigni, avec tons et un chacun ses droits,
appartenances et dependances, pour en jouir et user
par ladite duchesse, et apres son deces celui des his
naturels dudit roi de la Grande-Bretagne qu'il nommera
et les descendans males en droite ligne dudit his na-
turel, comme de leur pro pre chose et loyal acquet,
tout ainsi que nous ferions, sans aucune chose en
retener el i r a nous et a nos successeurs rois, que
les foi et hommage, ressort et -ouverainete, a con-
dition toutefois que ladite terre d'Aubigni avec ses
apparti nan< • el di pendances, retournera a notre
domaine au defaut des nudes descendans en droite
ligne du his naturel qui aura ete nomme par le susdit
roi de la Grande-Bretagne.
donnons en mandemeut :'• nos aines et feaux
L. XII.
370 NOTES.
p-ens tenant notre cour de Parlement et chambre de
nos comptes a Paris, que ces presentes lettres de don
ils les aient a enregistrer, et du contenu en icelles
faire jouir et user pleinement, paisiblement et a toujours
ladite dame .... de Kerouel, duchesse de Portsmouth,
et apres elle le fils naturel que ledit roi de la Grande-
Bretagne nommera, et les descendans males en droite
ligne dudit fils naturel, cessant et faisant cesser tous
troubles et empechemens a. ce contraires.
Car tel est notre plaisir : et afin que ce soit chose
ferme et stable a toujours, nous avons fait mettre notre
sceau a cesdites presentes, sauf en autre chose notre
droit et l'autrui en toutes. Donne a Saint-Germain-en-
Laye, au mois de Ddcembre l'an de grace 1673, et de
notre regne le trent-unieme.
[This note and the preceding are extracts from Les
(Euvres de Louis XIV.]
end ( > F VOL. XII.
C. Baldwin, Printer,
New Bridge Street, London.
NOTES. 457
Coinage of tin j£2,000
Wine licences 10,000
Forest of Dean 4,000
Fines on alienations 20,000
j£1, 200,000
[From the original, which, as well as the originals of
the two former notes, is in the collection of Thomas
Lloyd, Esq.]
NOTE [D], Page 370.
PRINCIPLES OF THE LEVELLERS.
The following statement of the principles, maintained
by the levellers, is extracted from one of their pub-
lications, which appeared soon after the death of
Cromwell ; entitled, " The Leveller ; or, The Principles
and Maxims concerning Government and Religion,
which are asserted by those that are commonly called
Levellers; 1659."
PRINCIPLES OF GOVERNMENT.
1°. The government of England ought to be by laws
and not by men : that is, the laws ought to judge of
all offences and offenders, and all punishments and
penalties to be inflicted upon criminals ; nor ought
the pleasure of his highness and his council to make
whom they please offenders, and punish and imprison
whom they please, and during pleasure.
2°. All laws, levies of monies, war and peace ought
to be made by the people's deputies in parliament, to
be chosen by them successively at certain periods.
Therefore there should be no negative of a monarch,
because he will frequently by that means consult his
VOL. XI. 2 H
458 NOTES.
own interest or that of his family to the prejudice of
the people. But it would be well, if the deputies of
the people were divided into two bodies, one of which
should propose the laws, and the other adopt or reject
them.
3°. All persons without a single exception should be
subject to the law.
4° The people ought to be formed into such a military
posture by and under the parliament, that they may be
able to compel every man to obey the law, and defend
the country from foreigners. A mercenary (standing)
army is dangerous to liberty, and therefore should not
be admitted.
PRINCIPLES OF RELIGION.
1°. The assent of the understanding cannot be com-
pelled. Therefore no man can compel another to be of
the true religion.
2°. Worship follows from the doctrines admitted
by the understanding. No man therefore can bind
another to adopt any particular form of worship.
3°. Works of righteousness and mercy are part of the
worship of God, and so far fall under the civil magis-
trate, that he ought to restrain men from irreligion,
that is, injustice, faith-breaking, oppression, and all
other evil works that are plainly evil.
4°. Nothing is more destructive to true religion than
quarrels about religion, and the use of punishments to
compel one man to believe as another.
END or vol xi.
C Baldwin, Printer,
New Bridge Street, London.
7>A
v. ia
THE LIBRARY
UNIVERSITY OF CALIFORNIA
Santa Barbara
THIS BOOK IS DUE ON THE LAST DATE
STAMPED BELOW.
Series 9482
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