Volume 1 — CHAPTER IV. (continued 2)

Among the upper and middle classes Oates had few friends left. The most respectable Whigs were now convinced that, even if his narrative had some foundation in fact, he had erected on that foundation a vast superstructure of romance. A considerable number of low fanatics, however, still regarded him as a public benefactor. These people well knew that, if he were convicted, his sentence would be one of extreme severity, and were therefore indefatigable in their endeavours to manage an escape. Though he was as yet in confinement only for debt, he was put into irons by the authorities of the King's Bench prison; and even so he was with difficulty kept in safe custody. The mastiff that guarded his door was poisoned; and, on the very night preceding the trial, a ladder of ropes was introduced into the cell.

On the day in which Titus was brought to the bar, Westminster Hall was crowded with spectators, among whom were many Roman Catholics, eager to see the misery and humiliation of their persecutor. 270 A few years earlier his short neck, his legs uneven, the vulgar said, as those of a badger, his forehead low as that of a baboon, his purple cheeks, and his monstrous length of chin, had been familiar to all who frequented the courts of law. He had then been the idol of the nation. Wherever he had appeared, men had uncovered their heads to him. The lives and estates of the magnates of the realm had been at his mercy. Times had now changed; and many, who had formerly regarded him as the deliverer of his country, shuddered at the sight of those hideous features on which villany seemed to be written by the hand of God. 271

It was proved, beyond all possibility of doubt, that this man had by false testimony deliberately murdered several guiltless persons. He called in vain on the most eminent members of the Parliaments which had rewarded and extolled him to give evidence in his favour. Some of those whom he had summoned absented themselves. None of them said anything tending to his vindication. One of them, the Earl of Huntingdon, bitterly reproached him with having deceived the Houses and drawn on them the guilt of shedding innocent blood. The Judges browbeat and reviled the prisoner with an intemperance which, even in the most atrocious cases, ill becomes the judicial character. He betrayed, however, no sign of fear or of shame, and faced the storm of invective which burst upon him from bar, bench, and witness box, with the insolence of despair. He was convicted on both indictments. His offence, though, in a moral light, murder of the most aggravated kind, was, in the eye of the law, merely a misdemeanour. The tribunal, however, was desirous to make his punishment more severe than that of felons or traitors, and not merely to put him to death, but to put him to death by frightful torments. He was sentenced to be stripped of his clerical habit, to be pilloried in Palace Yard, to be led round Westminster Hall with an inscription declaring his infamy over his head, to be pilloried again in front of the Royal Exchange, to be whipped from Aldgate to Newgate, and, after an interval of two days, to be whipped from Newgate to Tyburn. If, against all probability, he should happen to survive this horrible infliction, he was to be kept close prisoner during life. Five times every year he was to be brought forth from his dungeon and exposed on the pillory in different parts of the capital. 272 This rigorous sentence was rigorously executed. On the day on which Oates was pilloried in Palace Yard he was mercilessly pelted and ran some risk of being pulled in pieces. 273 But in the City his partisans mustered in great force, raised a riot, and upset the pillory. 274 They were, however, unable to rescue their favourite. It was supposed that he would try to escape the horrible doom which awaited him by swallowing poison. All that he ate and drank was therefore carefully inspected. On the following morning he was brought forth to undergo his first flogging. At an early hour an innumerable multitude filled all the streets from Aldgate to the Old Bailey. The hangman laid on the lash with such unusual severity as showed that he had received special instructions. The blood ran down in rivulets. For a time the criminal showed a strange constancy: but at last his stubborn fortitude gave way. His bellowings were frightful to hear. He swooned several times; but the scourge still continued to descend. When he was unbound, it seemed that he had borne as much as the human frame can bear without dissolution. James was entreated to remit the second flogging. His answer was short and clear: "He shall go through with it, if he has breath in his body." An attempt was made to obtain the Queen's intercession; but she indignantly refused to say a word in favour of such a wretch. After an interval of only forty-eight hours, Oates was again brought out of his dungeon. He was unable to stand, and it was necessary to drag him to Tyburn on a sledge. He seemed quite insensible; and the Tories reported that he had stupified himself with strong drink. A person who counted the stripes on the second day said that they were seventeen hundred. The bad man escaped with life, but so narrowly that his ignorant and bigoted admirers thought his recovery miraculous, and appealed to it as a proof of his innocence. The doors of the prison closed upon him. During many months he remained ironed in the darkest hole of Newgate. It was said that in his cell he gave himself up to melancholy, and sate whole days uttering deep groans, his arms folded, and his hat pulled over his eyes. It was not in England alone that these events excited strong interest. Millions of Roman Catholics, who knew nothing of our institutions or of our factions, had heard that a persecution of singular barbarity had raged in our island against the professors of the true faith, that many pious men had suffered martyrdom, and that Titus Oates had been the chief murderer. There was, therefore, great joy in distant countries when it was known that the divine justice had overtaken him. Engravings of him, looking out from the pillory, and writhing at the cart's tail, were circulated all over Europe; and epigrammatists, in many languages, made merry with the doctoral title which he pretended to have received from the University of Salamanca, and remarked that, since his forehead could not be made to blush, it was but reasonable that his back should do so. 275

Horrible as were the sufferings of Oates, they did not equal his crimes. The old law of England, which had been suffered to become obsolete, treated the false witness, who had caused death by means of perjury, as a murderer. 276 This was wise and righteous; for such a witness is, in truth, the worst of murderers. To the guilt of shedding innocent blood he has added the guilt of violating the most solemn engagement into which man can enter with his fellow men, and of making institutions, to which it is desirable that the public should look with respect and confidence, instruments of frightful wrong and objects of general distrust. The pain produced by ordinary murder bears no proportion to the pain produced by murder of which the courts of justice are made the agents. The mere extinction of life is a very small part of what makes an execution horrible. The prolonged mental agony of the sufferer, the shame and misery of all connected with him, the stain abiding even to the third and fourth generation, are things far more dreadful than death itself. In general it may be safely affirmed that the father of a large family would rather be bereaved of all his children by accident or by disease than lose one of them by the hands of the hangman. Murder by false testimony is therefore the most aggravated species of murder; and Oates had been guilty of many such murders. Nevertheless the punishment which was inflicted upon him cannot be justified. In sentencing him to be stripped of his ecclesiastical habit and imprisoned for life, the judges exceeded their legal power. They were undoubtedly competent to inflict whipping; nor had the law assigned a limit to the number of stripes. But the spirit of the law clearly was that no misdemeanour should be punished more severely than the most atrocious felonies. The worst felon could only be hanged. The judges, as they believed, sentenced Oates to be scourged to death. That the law was defective is not a sufficient excuse: for defective laws should be altered by the legislature, and not strained by the tribunals; and least of all should the law be strained for the purpose of inflicting torture and destroying life. That Oates was a bad man is not a sufficient excuse; for the guilty are almost always the first to suffer those hardships which are afterwards used as precedents against the innocent. Thus it was in the present case. Merciless flogging soon became an ordinary punishment for political misdemeanours of no very aggravated kind. Men were sentenced, for words spoken against the government, to pains so excruciating that they, with unfeigned earnestness, begged to be brought to trial on capital charges, and sent to the gallows. Happily the progress of this great evil was speedily stopped by the Revolution, and by that article of the Bill of Rights which condemns all cruel and unusual punishments.

The villany of Dangerfield had not, like that of Oates, destroyed many innocent victims; for Dangerfield had not taken up the trade of a witness till the plot had been blown upon and till juries had become incredulous. 277 He was brought to trial, not for perjury, but for the less heinous offense of libel. He had, during the agitation caused by the Exclusion Bill, put forth a narrative containing some false and odious imputations on the late and on the present King. For this publication he was now, after the lapse of five years, suddenly taken up, brought before the Privy Council, committed, tried, convicted, and sentenced to be whipped from Aldgate to Newgate and from Newgate to Tyburn. The wretched man behaved with great effrontery during the trial; but, when he heard his doom, he went into agonies of despair, gave himself up for dead, and chose a text for his funeral sermon. His forebodings were just. He was not, indeed, scourged quite so severely as Oates had been; but he had not Oates's iron strength of body and mind. After the execution Dangerfield was put into a hackney coach and was taken back to prison. As he passed the corner of Hatton Garden, a Tory gentleman of Gray's Inn, named Francis, stopped the carriage, and cried out with brutal levity, "Well, friend, have you had your heat this morning?" The bleeding prisoner, maddened by this insult, answered with a curse. Francis instantly struck him in the face with a cane which injured the eye. Dangerfield was carried dying into Newgate. This dastardly outrage roused the indignation of the bystanders. They seized Francis, and were with difficulty restrained from tearing him to pieces. The appearance of Dangerfield's body, which had been frightfully lacerated by the whip, inclined many to believe that his death was chiefly, if not wholly, caused by the stripes which he had received. The government and the Chief Justice thought it convenient to lay the whole blame on Francis, who; though he seems to have been at worst guilty only of aggravated manslaughter, was tried and executed for murder. His dying speech is one of the most curious monuments of that age. The savage spirit which had brought him to the gallows remained with him to the last. Boasts of his loyalty and abuse of the Whigs were mingled with the parting ejaculations in which he commended his soul to the divine mercy. An idle rumour had been circulated that his wife was in love with Dangerfield, who was eminently handsome and renowned for gallantry. The fatal blow, it was said, had been prompted by jealousy. The dying husband, with an earnestness, half ridiculous, half pathetic, vindicated the lady's character. She was, he said, a virtuous woman: she came of a loyal stock, and, if she had been inclined to break her marriage vow, would at least have selected a Tory and a churchman for her paramour. 278

About the same time a culprit, who bore very little resemblance to Oates or Dangerfield, appeared on the floor of the Court of King's Bench. No eminent chief of a party has ever passed through many years of civil and religious dissension with more innocence than Richard Baxter. He belonged to the mildest and most temperate section of the Puritan body. He was a young man when the civil war broke out. He thought that the right was on the side of the Houses; and he had no scruple about acting as chaplain to a regiment in the parliamentary army: but his clear and somewhat sceptical understanding, and his strong sense of justice, preserved him from all excesses. He exerted himself to check the fanatical violence of the soldiery. He condemned the proceedings of the High Court of Justice. In the days of the Commonwealth he had the boldness to express, on many occasions, and once even in Cromwell's presence, love and reverence for the ancient institutions of the country. While the royal family was in exile, Baxter's life was chiefly passed at Kidderminster in the assiduous discharge of parochial duties. He heartily concurred in the Restoration, and was sincerely desirous to bring about an union between Episcopalians and Presbyterians. For, with a liberty rare in his time, he considered questions of ecclesiastical polity as of small account when compared with the great principles of Christianity, and had never, even when prelacy was most odious to the ruling powers, joined in the outcry against Bishops. The attempt to reconcile the contending factions failed. Baxter cast in his lot with his proscribed friends, refused the mitre of Hereford, quitted the parsonage of Kidderminster, and gave himself up almost wholly to study. His theological writings, though too moderate to be pleasing to the bigots of any party, had an immense reputation. Zealous Churchmen called him a Roundhead; and many Nonconformists accused him of Erastianism and Arminianism. But the integrity of his heart, the purity of his life, the vigour of his faculties, and the extent of his attainments were acknowledged by the best and wisest men of every persuasion. His political opinions, in spite of the oppression which he and his brethren had suffered, were moderate. He was friendly to that small party which was hated by both Whigs and Tories. He could not, he said, join in cursing the Trimmers, when he remembered who it was that had blessed the peacemakers. 279

In a Commentary on the New Testament he had complained, with some bitterness, of the persecution which the Dissenters suffered. That men who, for not using the Prayer Book, had been driven from their homes, stripped of their property, and locked up in dungeons, should dare to utter a murmur, was then thought a high crime against the State and the Church. Roger Lestrange, the champion of the government and the oracle of the clergy, sounded the note of war in the Observator. An information was filed. Baxter begged that he might be allowed some time to prepare for his defence. It was on the day on which Oates was pilloried in Palace Yard that the illustrious chief of the Puritans, oppressed by age and infirmities, came to Westminster Hall to make this request. Jeffreys burst into a storm of rage. "Not a minute," he cried, "to save his life. I can deal with saints as well as with sinners. There stands Oates on one side of the pillory; and, if Baxter stood on the other, the two greatest rogues in the kingdom would stand together."

When the trial came on at Guildhall, a crowd of those who loved and honoured Baxter filled the court. At his side stood Doctor William Bates, one of the most eminent of the Nonconformist divines. Two Whig barristers of great note, Pollexfen and Wallop, appeared for the defendant. Pollexfen had scarcely begun his address to the jury, when the Chief Justice broke forth: "Pollexfen, I know you well. I will set a mark on you. You are the patron of the faction. This is an old rogue, a schismatical knave, a hypocritical villain. He hates the Liturgy. He would have nothing but longwinded cant without book;" and then his Lordship turned up his eyes, clasped his hands, and began to sing through his nose, in imitation of what he supposed to be Baxter's style of praying "Lord, we are thy people, thy peculiar people, thy dear people." Pollexfen gently reminded the court that his late Majesty had thought Baxter deserving of a bishopric. "And what ailed the old blockhead then," cried Jeffreys, "that he did not take it?" His fury now rose almost to madness. He called Baxter a dog, and swore that it would be no more than justice to whip such a villain through the whole City.

Wallop interposed, but fared no better than his leader. "You are in all these dirty causes, Mr. Wallop," said the Judge. "Gentlemen of the long robe ought to be ashamed to assist such factious knaves." The advocate made another attempt to obtain a hearing, but to no purpose. "If you do not know your duty," said Jeffreys, "I will teach it you."

Wallop sate down; and Baxter himself attempted to put in a word. But the Chief Justice drowned all expostulation in a torrent of ribaldry and invective, mingled with scraps of Hudibras. "My Lord," said the old man, "I have been much blamed by Dissenters for speaking respectfully of Bishops." "Baxter for Bishops!" cried the Judge, "that's a merry conceit indeed. I know what you mean by Bishops, rascals like yourself, Kidderminster Bishops, factious snivelling Presbyterians!" Again Baxter essayed to speak, and again Jeffreys bellowed "Richard, Richard, dost thou think we will let thee poison the court? Richard, thou art an old knave. Thou hast written books enough to load a cart, and every book as full of sedition as an egg is full of meat. By the grace of God, I'll look after thee. I see a great many of your brotherhood waiting to know what will befall their mighty Don. And there," he continued, fixing his savage eye on Bates, "there is a Doctor of the party at your elbow. But, by the grace of God Almighty, I will crush you all."

Baxter held his peace. But one of the junior counsel for the defence made a last effort, and undertook to show that the words of which complaint was made would not bear the construction put on them by the information. With this view he began to read the context. In a moment he was roared down. "You sha'n't turn the court into a conventicle." The noise of weeping was heard from some of those who surrounded Baxter. "Snivelling calves!" said the Judge.

Witnesses to character were in attendance, and among them were several clergymen of the Established Church. But the Chief Justice would hear nothing. "Does your Lordship think," said Baxter, "that any jury will convict a man on such a trial as this?" "I warrant you, Mr. Baxter," said Jeffreys: "don't trouble yourself about that." Jeffreys was right. The Sheriffs were the tools of the government. The jurymen, selected by the Sheriffs from among the fiercest zealots of the Tory party, conferred for a moment, and returned a verdict of Guilty. "My Lord," said Baxter, as he left the court, "there was once a Chief Justice who would have treated me very differently." He alluded to his learned and virtuous friend Sir Matthew Hale. "There is not an honest man in England," answered Jeffreys, "but looks on thee as a knave." 280

The sentence was, for those times, a lenient one. What passed in conference among the judges cannot be certainly known. It was believed among the Nonconformists, and is highly probable, that the Chief Justice was overruled by his three brethren. He proposed, it is said, that Baxter should be whipped through London at the cart's tail. The majority thought that an eminent divine, who, a quarter of a century before, had been offered a mitre, and who was now in his seventieth year, would be sufficiently punished for a few sharp words by fine and imprisonment. 281

The manner in which Baxter was treated by a judge, who was a member of the cabinet and a favourite of the Sovereign, indicated, in a manner not to be mistaken, the feeling with which the government at this time regarded the Protestant Nonconformists. But already that feeling had been indicated by still stronger and more terrible signs. The Parliament of Scotland had met. James had purposely hastened the session of this body, and had postponed the session of the English Houses, in the hope that the example set at Edinburgh would produce a good effect at Westminster. For the legislature of his northern kingdom was as obsequious as those provincial Estates which Lewis the Fourteenth still suffered to play at some of their ancient functions in Britanny and Burgundy. None but an Episcopalian could sit in the Scottish Parliament, or could even vote for a member, and in Scotland an Episcopalian was always a Tory or a timeserver. From an assembly thus constituted, little opposition to the royal wishes was to be apprehended; and even the assembly thus constituted could pass no law which had not been previously approved by a committee of courtiers.

All that the government asked was readily granted. In a financial point of view, indeed, the liberality of the Scottish Estates was of little consequence. They gave, however, what their scanty means permitted. They annexed in perpetuity to the crown the duties which had been granted to the late King, and which in his time had been estimated at forty thousand pounds sterling a year. They also settled on James for life an additional annual income of two hundred and sixteen thousand pounds Scots, equivalent to eighteen thousand pounds sterling. The whole Sum which they were able to bestow was about sixty thousand a year, little more than what was poured into the English Exchequer every fortnight. 282

Having little money to give, the Estates supplied the defect by loyal professions and barbarous statutes. The King, in a letter which was read to them at the opening of their session, called on them in vehement language to provide new penal laws against the refractory Presbyterians, and expressed his regret that business made it impossible for him to propose such laws in person from the throne. His commands were obeyed. A statute framed by his ministers was promptly passed, a statute which stands forth even among the statutes of that unhappy country at that unhappy period, preeminent in atrocity. It was enacted, in few but emphatic words, that whoever should preach in a conventicle under a roof, or should attend, either as preacher or as hearer, a conventicle in the open air, should be punished with death and confiscation of property. 283

This law, passed at the King's instance by an assembly devoted to his will, deserves especial notice. For he has been frequently represented by ignorant writers as a prince rash, indeed, and injudicious in his choice of means, but intent on one of the noblest ends which a ruler can pursue, the establishment of entire religious liberty. Nor can it be denied that some portions of his life, when detached from the rest and superficially considered, seem to warrant this favourable view of his character.

While a subject he had been, during many years, a persecuted man; and persecution had produced its usual effect on him. His mind, dull and narrow as it was, had profited under that sharp discipline. While he was excluded from the Court, from the Admiralty, and from the Council, and was in danger of being also excluded from the throne, only because he could not help believing in transubstantiation and in the authority of the see of Rome, he made such rapid progress in the doctrines of toleration that he left Milton and Locke behind. What, he often said, could be more unjust, than to visit speculations with penalties which ought to be reserved for acts? What more impolitic than to reject the services of good soldiers, seamen, lawyers, diplomatists, financiers, because they hold unsound opinions about the number of the sacraments or the pluripresence of saints? He learned by rote those commonplaces which all sects repeat so fluently when they are enduring oppression, and forget so easily when they are able to retaliate it. Indeed he rehearsed his lesson so well, that those who chanced to hear him on this subject gave him credit for much more sense and much readier elocution than he really possessed. His professions imposed on some charitable persons, and perhaps imposed on himself. But his zeal for the rights of conscience ended with the predominance of the Whig party. When fortune changed, when he was no longer afraid that others would persecute him, when he had it in his power to persecute others, his real propensities began to show themselves. He hated the Puritan sects with a manifold hatred, theological and political, hereditary and personal. He regarded them as the foes of Heaven, as the foes of all legitimate authority in Church and State, as his great-grandmother's foes and his grandfather's, his father's and his mother's, his brother's and his own. He, who had complained so fondly of the laws against Papists, now declared himself unable to conceive how men could have the impudence to propose the repeal of the laws against Puritans. 284 He, whose favourite theme had been the injustice of requiring civil functionaries to take religious tests, established in Scotland, when he resided there as Viceroy, the most rigorous religious test that has ever been known in the empire. 285 He, who had expressed just indignation when the priests of his own faith were hanged and quartered, amused himself with hearing Covenanters shriek and seeing them writhe while their knees were beaten flat in the boots. 286 In this mood he became King; and he immediately demanded and obtained from the obsequious Estates of Scotland as the surest pledge of their loyalty, the most sanguinary law that has ever in our island been enacted against Protestant Nonconformists.

With this law the whole spirit of his administration was in perfect harmony. The fiery persecution, which had raged when he ruled Scotland as vicegerent, waxed hotter than ever from the day on which he became sovereign. Those shires in which the Covenanters were most numerous were given up to the license of the army. With the army was mingled a militia, composed of the most violent and profligate of those who called themselves Episcopalians. Preeminent among the bands which oppressed and wasted these unhappy districts were the dragoons commanded by John Graham of Claverhouse. The story ran that these wicked men used in their revels to play at the torments of hell, and to call each other by the names of devils and damned souls. 287 The chief of this Tophet, a soldier of distinguished courage and professional skill, but rapacious and profane, of violent temper and of obdurate heart, has left a name which, wherever the Scottish race is settled on the face of the globe, is mentioned with a peculiar energy of hatred. To recapitulate all the crimes, by which this man, and men like him, goaded the peasantry of the Western Lowlands into madness, would be an endless task. A few instances must suffice; and all those instances shall be taken from the history of a single fortnight, that very fortnight in which the Scottish Parliament, at the urgent request of James, enacted a new law of unprecedented severity against Dissenters.

John Brown, a poor carrier of Lanarkshire, was, for his singular piety, commonly called the Christian carrier. Many years later, when Scotland enjoyed rest, prosperity, and religious freedom, old men who remembered the evil days described him as one versed in divine things, blameless in life, and so peaceable that the tyrants could find no offence in him except that he absented himself from the public worship of the Episcopalians. On the first of May he was cutting turf, when he was seized by Claverhouse's dragoons, rapidly examined, convicted of nonconformity, and sentenced to death. It is said that, even among the soldiers, it was not easy to find an executioner. For the wife of the poor man was present; she led one little child by the hand: it was easy to see that she was about to give birth to another; and even those wild and hardhearted men, who nicknamed one another Beelzebub and Apollyon, shrank from the great wickedness of butchering her husband before her face. The prisoner, meanwhile, raised above himself by the near prospect of eternity, prayed loud and fervently as one inspired, till Claverhouse, in a fury, shot him dead. It was reported by credible witnesses that the widow cried out in her agony, "Well, sir, well; the day of reckoning will come;" and that the murderer replied, "To man I can answer for what I have done; and as for God, I will take him into mine own hand." Yet it was rumoured that even on his seared conscience and adamantine heart the dying ejaculations of his victim made an impression which was never effaced. 288

On the fifth of May two artisans, Peter Gillies and John Bryce, were tried in Ayrshire by a military tribunal consisting of fifteen soldiers. The indictment is still extant. The prisoners were charged, not with any act of rebellion, but with holding the same pernicious doctrines which had impelled others to rebel, and with wanting only opportunity to act upon those doctrines. The proceeding was summary. In a few hours the two culprits were convicted, hanged, and flung together into a hole under the gallows. 289

The eleventh of May was made remarkable by more than one great crime. Some rigid Calvinists had from the doctrine of reprobation drawn the consequence that to pray for any person who had been predestined to perdition was an act of mutiny against the eternal decrees of the Supreme Being. Three poor labouring men, deeply imbued with this unamiable divinity, were stopped by an officer in the neighbourhood of Glasgow. They were asked whether they would pray for King James the Seventh. They refused to do so except under the condition that he was one of the elect. A file of musketeers was drawn out. The prisoners knelt down; they were blindfolded; and within an hour after they had been arrested, their blood was lapped up by the dogs. 290

While this was done in Clydesdale, an act not less horrible was perpetrated in Eskdale. One of the proscribed Covenanters, overcome by sickness, had found shelter in the house of a respectable widow, and had died there. The corpse was discovered by the Laird of Westerhall, a petty tyrant who had, in the days of the Covenant, professed inordinate zeal for the Presbyterian Church, who had, since the Restoration, purchased the favour of the government by apostasy, and who felt towards the party which he had deserted the implacable hatred of an apostate. This man pulled down the house of the poor woman, carried away her furniture, and, leaving her and her younger children to wander in the fields, dragged her son Andrew, who was still a lad, before Claverhouse, who happened to be marching through that part of the country. Claverhouse was just then strangely lenient. Some thought that he had not been quite himself since the death of the Christian carrier, ten days before. But Westerhall was eager to signalise his loyalty, and extorted a sullen consent. The guns were loaded, and the youth was told to pull his bonnet over his face. He refused, and stood confronting his murderers with the Bible in his hand. "I can look you in the face," he said; "I have done nothing of which I need be ashamed. But how will you look in that day when you shall be judged by what is written in this book?" He fell dead, and was buried in the moor. 291

On the same day two women, Margaret Maclachlin and Margaret Wilson, the former an aged widow, the latter a maiden of eighteen, suffered death for their religion in Wigtonshire. They were offered their lives if they would consent to abjure the cause of the insurgent Covenanters, and to attend the Episcopal worship. They refused; and they were sentenced to be drowned. They were carried to a spot which the Solway overflows twice a day, and were fastened to stakes fixed in the sand between high and low water mark. The elder sufferer was placed near to the advancing flood, in the hope that her last agonies might terrify the younger into submission. The sight was dreadful. But the courage of the survivor was sustained by an enthusiasm as lofty as any that is recorded in martyrology. She saw the sea draw nearer and nearer, but gave no sign of alarm. She prayed and sang verses of psalms till the waves choked her voice. After she had tasted the bitterness of death, she was, by a cruel mercy unbound and restored to life. When she came to herself, pitying friends and neighbours implored her to yield. "Dear Margaret, only say, God save the King!" The poor girl, true to her stern theology, gasped out, "May God save him, if it be God's will!" Her friends crowded round the presiding officer. "She has said it; indeed, sir, she has said it." "Will she take the abjuration?" he demanded. "Never!" she exclaimed. "I am Christ's: let me go!" And the waters closed over her for the last time. 292

Thus was Scotland governed by that prince whom ignorant men have represented as a friend of religious liberty, whose misfortune it was to be too wise and too good for the age in which he lived. Nay, even those laws which authorised him to govern thus were in his judgment reprehensibly lenient. While his officers were committing the murders which have just been related, he was urging the Scottish Parliament to pass a new Act compared with which all former Acts might be called merciful.

In England his authority, though great, was circumscribed by ancient and noble laws which even the Tories would not patiently have seen him infringe. Here he could not hurry Dissenters before military tribunals, or enjoy at Council the luxury of seeing them swoon in the boots. Here he could not drown young girls for refusing to take the abjuration, or shoot poor countrymen for doubting whether he was one of the elect. Yet even in England he continued to persecute the Puritans as far as his power extended, till events which will hereafter be related induced him to form the design of uniting Puritans and Papists in a coalition for the humiliation and spoliation of the established Church.

One sect of Protestant Dissenters indeed he, even at this early period of his reign, regarded with some tenderness, the Society of Friends. His partiality for that singular fraternity cannot be attributed to religious sympathy; for, of all who acknowledge the divine mission of Jesus, the Roman Catholic and the Quaker differ most widely. It may seem paradoxical to say that this very circumstance constituted a tie between the Roman Catholic and the Quaker; yet such was really the case. For they deviated in opposite directions so far from what the great body of the nation regarded as right, that even liberal men generally considered them both as lying beyond the pale of the largest toleration. Thus the two extreme sects, precisely because they were extreme sects, had a common interest distinct from the interest of the intermediate sects. The Quakers were also guiltless of all offence against James and his House. They had not been in existence as a community till the war between his father and the Long Parliament was drawing towards a close. They had been cruelly persecuted by some of the revolutionary governments. They had, since the Restoration, in spite of much ill usage, submitted themselves meekly to the royal authority. For they had, though reasoning on premises which the Anglican divines regarded as heterodox, arrived, like the Anglican divines, at the conclusion, that no excess of tyranny on the part of a prince can justify active resistance on the part of a subject. No libel on the government had ever been traced to a Quaker. 293 In no conspiracy against the government had a Quaker been implicated. The society had not joined in the clamour for the Exclusion Bill, and had solemnly condemned the Rye House plot as a hellish design and a work of the devil. 294 Indeed, the friends then took very little part in civil contentions; for they were not, as now, congregated in large towns, but were generally engaged in agriculture, a pursuit from which they have been gradually driven by the vexations consequent on their strange scruple about paying tithe. They were, therefore, far removed from the scene of political strife. They also, even in domestic privacy, avoided on principle all political conversation. For such conversation was, in their opinion, unfavourable to their spirituality of mind, and tended to disturb the austere composure of their deportment. The yearly meetings of that age repeatedly admonished the brethren not to hold discourse touching affairs of state. 295 Even within the memory of persons now living those grave elders who retained the habits of an earlier generation systematically discouraged such worldly talk. 296 It was natural that James should make a wide distinction between these harmless people and those fierce and reckless sects which considered resistance to tyranny as a Christian duty which had, in Germany, France, and Holland, made war on legitimate princes, and which had, during four generations, borne peculiar enmity to the House of Stuart.

It happened, moreover, that it was possible to grant large relief to the Roman Catholic and to the Quaker without mitigating the sufferings of the Puritan sects. A law was in force which imposed severe penalties on every person who refused to take the oath of supremacy when required to do so. This law did not affect Presbyterians, Independents, or Baptists; for they were all ready to call God to witness that they renounced all spiritual connection with foreign prelates and potentates. But the Roman Catholic would not swear that the Pope had no jurisdiction in England, and the Quaker would not swear to anything. On the other hand, neither the Roman Catholic nor the Quaker was touched by the Five Mile Act, which, of all the laws in the Statute Book, was perhaps the most annoying to the Puritan Nonconformists. 297

The Quakers had a powerful and zealous advocate at court. Though, as a class, they mixed little with the world, and shunned politics as a pursuit dangerous to their spiritual interests, one of them, widely distinguished from the rest by station and fortune, lived in the highest circles, and had constant access to the royal ear. This was the celebrated William Penn. His father had held great naval commands, had been a Commissioner of the Admiralty, had sate in Parliament, had received the honour of knighthood, and had been encouraged to expect a peerage. The son had been liberally educated, and had been designed for the profession of arms, but had, while still young, injured his prospects and disgusted his friends by joining what was then generally considered as a gang of crazy heretics. He had been sent sometimes to the Tower, and sometimes to Newgate. He had been tried at the Old Bailey for preaching in defiance of the law. After a time, however, he had been reconciled to his family, and had succeeded in obtaining such powerful protection that, while all the gaols of England were filled with his brethren, he was permitted, during many years, to profess his opinions without molestation. Towards the close of the late reign he had obtained, in satisfaction of an old debt due to him from the crown, the grant of an immense region in North America. In this tract, then peopled only by Indian hunters, he had invited his persecuted friends to settle. His colony was still in its infancy when James mounted the throne.

Between James and Penn there had long been a familiar acquaintance. The Quaker now became a courtier, and almost a favourite. He was every day summoned from the gallery into the closet, and sometimes had long audiences while peers were kept waiting in the antechambers. It was noised abroad that he had more real power to help and hurt than many nobles who filled high offices. He was soon surrounded by flatterers and suppliants. His house at Kensington was sometimes thronged, at his hour of rising, by more than two hundred suitors. 298 He paid dear, however, for this seeming prosperity. Even his own sect looked coldly on him, and requited his services with obloquy. He was loudly accused of being a Papist, nay, a Jesuit. Some affirmed that he had been educated at St. Omers, and others that he had been ordained at Rome. These calumnies, indeed, could find credit only with the undiscerning multitude; but with these calumnies were mingled accusations much better founded.

To speak the whole truth concerning Penn is a task which requires some courage; for he is rather a mythical than a historical person. Rival nations and hostile sects have agreed in canonising him. England is proud of his name. A great commonwealth beyond the Atlantic regards him with a reverence similar to that which the Athenians felt for Theseus, and the Romans for Quirinus. The respectable society of which he was a member honours him as an apostle. By pious men of other persuasions he is generally regarded as a bright pattern of Christian virtue. Meanwhile admirers of a very different sort have sounded his praises. The French philosophers of the eighteenth century pardoned what they regarded as his superstitious fancies in consideration of his contempt for priests, and of his cosmopolitan benevolence, impartially extended to all races and to all creeds. His name has thus become, throughout all civilised countries, a synonyme for probity and philanthropy.

Nor is this high reputation altogether unmerited. Penn was without doubt a man of eminent virtues. He had a strong sense of religious duty and a fervent desire to promote the happiness of mankind. On one or two points of high importance, he had notions more correct than were, in his day, common even among men of enlarged minds: and as the proprietor and legislator of a province which, being almost uninhabited when it came into his possession, afforded a clear field for moral experiments, he had the rare good fortune of being able to carry his theories into practice without any compromise, and yet without any shock to existing institutions. He will always be mentioned with honour as a founder of a colony, who did not, in his dealings with a savage people, abuse the strength derived from civilisation, and as a lawgiver who, in an age of persecution, made religious liberty the cornerstone of a polity. But his writings and his life furnish abundant proofs that he was not a man of strong sense. He had no skill in reading the characters of others. His confidence in persons less virtuous than himself led him into great errors and misfortunes. His enthusiasm for one great principle sometimes impelled him to violate other great principles which he ought to have held sacred. Nor was his rectitude altogether proof against the temptations to which it was exposed in that splendid and polite, but deeply corrupted society, with which he now mingled. The whole court was in a ferment with intrigues of gallantry and intrigues of ambition. The traffic in honours, places, and pardons was incessant. It was natural that a man who was daily seen at the palace, and who was known to have free access to majesty, should be frequently importuned to use his influence for purposes which a rigid morality must condemn. The integrity of Penn had stood firm against obloquy and persecution. But now, attacked by royal smiles, by female blandishments, by the insinuating eloquence and delicate flattery of veteran diplomatists and courtiers, his resolution began to give way. Titles and phrases against which he had often borne his testimony dropped occasionally from his lips and his pen. It would be well if he had been guilty of nothing worse than such compliances with the fashions of the world. Unhappily it cannot be concealed that he bore a chief part in some transactions condemned, not merely by the rigid code of the society to which he belonged, but by the general sense of all honest men. He afterwards solemnly protested that his hands were pure from illicit gain, and that he had never received any gratuity from those whom he had obliged, though he might easily, while his influence at court lasted, have made a hundred and twenty thousand pounds. 299 To this assertion full credit is due. But bribes may be offered to vanity as well as to cupidity; and it is impossible to deny that Penn was cajoled into bearing a part in some unjustifiable transactions of which others enjoyed the profits.

The first use which he made of his credit was highly commendable. He strongly represented the sufferings of his brethren to the new King, who saw with pleasure that it was possible to grant indulgence to these quiet sectaries and to the Roman Catholics, without showing similar favour to other classes which were then under persecution. A list was framed of prisoners against whom proceedings had been instituted for not taking the oaths, or for not going to church, and of whose loyalty certificates had been produced to the government. These persons were discharged, and orders were given that no similar proceeding should be instituted till the royal pleasure should be further signified. In this way about fifteen hundred Quakers, and a still greater number of Roman Catholics, regained their liberty. 300

And now the time had arrived when the English Parliament was to meet. The members of the House of Commons who had repaired to the capital were so numerous that there was much doubt whether their chamber, as it was then fitted up, would afford sufficient accommodation for them. They employed the days which immediately preceded the opening of the session in talking over public affairs with each other and with the agents of the government. A great meeting of the loyal party was held at the Fountain Tavern in the Strand; and Roger Lestrange, who had recently been knighted by the King, and returned to Parliament by the city of Winchester, took a leading part in their consultations. 301

It soon appeared that a large portion of the Commons had views which did not altogether agree with those of the Court. The Tory country gentlemen were, with scarcely one exception, desirous to maintain the Test Act and the Habeas Corpus Act; and some among them talked of voting the revenue only for a term of years. But they were perfectly ready to enact severe laws against the Whigs, and would gladly have seen all the supporters of the Exclusion Bill made incapable of holding office. The King, on the other hand, desired to obtain from the Parliament a revenue for life, the admission of Roman Catholics to office, and the repeal of the Habeas Corpus Act. On these three objects his heart was set; and he was by no means disposed to accept as a substitute for them a penal law against Exclusionists. Such a law, indeed, would have been positively unpleasing to him; for one class of Exclusionists stood high in his favour, that class of which Sunderland was the representative, that class which had joined the Whigs in the days of the plot, merely because the Whigs were predominant, and which had changed with the change of fortune. James justly regarded these renegades as the most serviceable tools that he could employ. It was not from the stouthearted Cavaliers, who had been true to him in his adversity, that he could expect abject and unscrupulous obedience in his prosperity. The men who, impelled, not by zeal for liberty or for religion, but merely by selfish cupidity and selfish fear, had assisted to oppress him when he was weak, were the very men who, impelled by the same cupidity and the same fear, would assist him to oppress his people now that he was strong. 302 Though vindictive, he was not indiscriminately vindictive. Not a single instance can be mentioned in which he showed a generous compassion to those who had opposed him honestly and on public grounds. But he frequently spared and promoted those whom some vile motive had induced to injure him. For that meanness which marked them out as fit implements of tyranny was so precious in his estimation that he regarded it with some indulgence even when it was exhibited at his own expense.

The King's wishes were communicated through several channels to the Tory members of the Lower House. The majority was easily persuaded to forego all thoughts of a penal law against the Exclusionists, and to consent that His Majesty should have the revenue for life. But about the Test Act and the Habeas Corpus Act the emissaries of the Court could obtain no satisfactory assurances. 303

On the nineteenth of May the session was opened. The benches of the Commons presented a singular spectacle. That great party, which, in the last three Parliaments, had been predominant, had now dwindled to a pitiable minority, and was indeed little more than a fifteenth part of the House. Of the five hundred and thirteen knights and burgesses only a hundred and thirty-five had ever sate in that place before. It is evident that a body of men so raw and inexperienced must have been, in some important qualities, far below the average of our representative assemblies. 304

The management of the House was confided by James to two peers of the kingdom of Scotland. One of them, Charles Middleton, Earl of Middleton, after holding high office at Edinburgh, had, shortly before the death of the late King, been sworn of the English Privy Council, and appointed one of the Secretaries of State. With him was joined Richard Graham, Viscount Preston, who had long held the post of Envoy at Versailles.

The first business of the Commons was to elect a Speaker. Who should be the man, was a question which had been much debated in the cabinet. Guildford had recommended Sir Thomas Meres, who, like himself, ranked among the Trimmers. Jeffreys, who missed no opportunity of crossing the Lord Keeper, had pressed the claims of Sir John Trevor. Trevor had been bred half a pettifogger and half a gambler, had brought to political life sentiments and principles worthy of both his callings, had become a parasite of the Chief Justice, and could, on occasion, imitate, not unsuccessfully, the vituperative style of his patron. The minion of Jeffreys was, as might have been expected, preferred by James, was proposed by Middleton, and was chosen without opposition. 305

Thus far all went smoothly. But an adversary of no common prowess was watching his time. This was Edward Seymour of Berry Pomeroy Castle, member for the city of Exeter. Seymour's birth put him on a level with the noblest subjects in Europe. He was the right heir male of the body of that Duke of Somerset who had been brother-in-law of King Henry the Eighth, and Protector of the realm of England. In the limitation of the dukedom of Somerset, the elder Son of the Protector had been postponed to the younger son. From the younger son the Dukes of Somerset were descended. From the elder son was descended the family which dwelt at Berry Pomeroy. Seymour's fortune was large, and his influence in the West of England extensive. Nor was the importance derived from descent and wealth the only importance which belonged to him. He was one of the most skilful debaters and men of business in the kingdom. He had sate many years in the House of Commons, had studied all its rules and usages, and thoroughly understood its peculiar temper. He had been elected speaker in the late reign under circumstances which made that distinction peculiarly honourable. During several generations none but lawyers had been called to the chair; and he was the first country gentleman whose abilities and acquirements had enabled him to break that long prescription. He had subsequently held high political office, and had sate in the Cabinet. But his haughty and unaccommodating temper had given so much disgust that he had been forced to retire. He was a Tory and a Churchman: he had strenuously opposed the Exclusion Bill: he had been persecuted by the Whigs in the day of their prosperity; and he could therefore safely venture to hold language for which any person suspected of republicanism would have been sent to the Tower. He had long been at the head of a strong parliamentary connection, which was called the Western Alliance, and which included many gentlemen of Devonshire, Somersetshire, and Cornwall. 306

In every House of Commons, a member who unites eloquence, knowledge, and habits of business, to opulence and illustrious descent, must be highly considered. But in a House of Commons from which many of the most eminent orators and parliamentary tacticians of the age were excluded, and which was crowded with people who had never heard a debate, the influence of such a man was peculiarly formidable. Weight of moral character was indeed wanting to Edward Seymour. He was licentious, profane, corrupt, too proud to behave with common politeness, yet not too proud to pocket illicit gain. But he was so useful an ally, and so mischievous an enemy that he was frequently courted even by those who most detested him. 307

He was now in bad humour with the government. His interest had been weakened in some places by the remodelling of the western boroughs: his pride had been wounded by the elevation of Trevor to the chair; and he took an early opportunity of revenging himself.

On the twenty-second of May the Commons were summoned to the bar of the Lords; and the King, seated on his throne, made a speech to both Houses. He declared himself resolved to maintain the established government in Church and State. But he weakened the effect of this declaration by addressing an extraordinary admonition to the Commons. He was apprehensive, he said, that they might be inclined to dole out money to him from time to time, in the hope that they should thus force him to call them frequently together. But he must warn them that he was not to be so dealt with, and that, if they wished him to meet them often they must use him well. As it was evident that without money the government could not be carried on, these expressions plainly implied that, if they did not give him as much money as he wished, he would take it. Strange to say, this harangue was received with loud cheers by the Tory gentlemen at the bar. Such acclamations were then usual. It has now been, during many years, the grave and decorous usage of Parliaments to hear, in respectful silence, all expressions, acceptable or unacceptable, which are uttered from the throne. 308

It was then the custom that, after the King had concisely explained his reasons for calling Parliament together, the minister who held the Great Seal should, at more length, explain to the Houses the state of public affairs. Guildford, in imitation of his predecessors, Clarendon, Bridgeman, Shaftesbury, and Nottingham, had prepared an elaborate oration, but found, to his great mortification, that his services were not wanted. 309

As soon as the Commons had returned to their own chamber, it was proposed that they should resolve themselves into a Committee, for the purpose of settling a revenue on the King.

Then Seymour stood up. How he stood, looking like what he was, the chief of a dissolute and high spirited gentry, with the artificial ringlets clustering in fashionable profusion round his shoulders, and a mingled expression of voluptuousness and disdain in his eye and on his lip, the likenesses of him which still remain enable us to imagine. It was not, the haughty Cavalier said, his wish that the Parliament should withhold from the crown the means of carrying on the government. But was there indeed a Parliament? Were there not on the benches many men who had, as all the world knew, no right to sit there, many men whose elections were tainted by corruption, many men forced by intimidation on reluctant voters, and many men returned by corporations which had no legal existence? Had not constituent bodies been remodelled, in defiance of royal charters and of immemorial prescription? Had not returning officers been everywhere the unscrupulous agents of the Court? Seeing that the very principle of representation had been thus systematically attacked, he knew not how to call the throng of gentlemen which he saw around him by the honourable name of a House of Commons. Yet never was there a time when it more concerned the public weal that the character of Parliament should stand high. Great dangers impended over the ecclesiastical and civil constitution of the realm. It was matter of vulgar notoriety, it was matter which required no proof, that the Test Act, the rampart of religion, and the Habeas Corpus Act, the rampart of liberty, were marked out for destruction. "Before we proceed to legislate on questions so momentous, let us at least ascertain whether we really are a legislature. Let our first proceeding be to enquire into the manner in which the elections have been conducted. And let us look to it that the enquiry be impartial. For, if the nation shall find that no redress is to be obtained by peaceful methods, we may perhaps ere long suffer the justice which we refuse to do." He concluded by moving that, before any supply was granted, the House would take into consideration petitions against returns, and that no member whose right to sit was disputed should be allowed to vote.

Not a cheer was heard. Not a member ventured to second the motion. Indeed, Seymour had said much that no other man could have said with impunity. The proposition fell to the ground, and was not even entered on the journals. But a mighty effect had been produced. Barillon informed his master that many who had not dared to applaud that remarkable speech had cordially approved of it, that it was the universal subject of conversation throughout London, and that the impression made on the public mind seemed likely to be durable. 310

The Commons went into committee without delay, and voted to the King, for life, the whole revenue enjoyed by his brother. 311

The zealous churchmen who formed the majority of the House seem to have been of opinion that the promptitude with which they had met the wish of James, touching the revenue, entitled them to expect some concession on his part. They said that much had been done to gratify him, and that they must now do something to gratify the nation. The House, therefore, resolved itself into a Grand Committee of Religion, in order to consider the best means of providing for the security of the ecclesiastical establishment. In that Committee two resolutions were unanimously adopted. The first expressed fervent attachment to the Church of England. The second called on the King to put in execution the penal laws against all persons who were not members of that Church. 312

The Whigs would doubtless have wished to see the Protestant dissenters tolerated, and the Roman Catholics alone persecuted. But the Whigs were a small and a disheartened minority. They therefore kept themselves as much as possible out of sight, dropped their party name, abstained from obtruding their peculiar opinions on a hostile audience, and steadily supported every proposition tending to disturb the harmony which as yet subsisted between the Parliament and the Court.

When the proceedings of the Committee of Religion were known at Whitehall, the King's anger was great. Nor can we justly blame him for resenting the conduct of the Tories If they were disposed to require the rigorous execution of the penal code, they clearly ought to have supported the Exclusion Bill. For to place a Papist on the throne, and then to insist on his persecuting to the death the teachers of that faith in which alone, on his principles, salvation could be found, was monstrous. In mitigating by a lenient administration the severity of the bloody laws of Elizabeth, the King violated no constitutional principle. He only exerted a power which has always belonged to the crown. Nay, he only did what was afterwards done by a succession of sovereigns zealous for Protestantism, by William, by Anne, and by the princes of the House of Brunswick. Had he suffered Roman Catholic priests, whose lives he could save without infringing any law, to be hanged, drawn, and quartered for discharging what he considered as their first duty, he would have drawn on himself the hatred and contempt even of those to whose prejudices he had made so shameful a concession, and, had he contented himself with granting to the members of his own Church a practical toleration by a large exercise of his unquestioned prerogative of mercy, posterity would have unanimously applauded him.

The Commons probably felt on reflection that they had acted absurdly. They were also disturbed by learning that the King, to whom they looked up with superstitious reverence, was greatly provoked. They made haste, therefore, to atone for their offence. In the House, they unanimously reversed the decision which, in the Committee, they had unanimously adopted and passed a resolution importing that they relied with entire confidence on His Majesty's gracious promise to protect that religion which was dearer to them than life itself. 313

Three days later the King informed the House that his brother had left some debts, and that the stores of the navy and ordnance were nearly exhausted. It was promptly resolved that new taxes should be imposed. The person on whom devolved the task of devising ways and means was Sir Dudley North, younger brother of the Lord Keeper. Dudley North was one of the ablest men of his time. He had early in life been sent to the Levant, and had there been long engaged in mercantile pursuits. Most men would, in such a situation, have allowed their faculties to rust. For at Smyrna and Constantinople there were few books and few intelligent companions. But the young factor had one of those vigorous understandings which are independent of external aids. In his solitude he meditated deeply on the philosophy of trade, and thought out by degrees a complete and admirable theory, substantially the same with that which, a century later, was expounded by Adam Smith. After an exile of many years, Dudley North returned to England with a large fortune, and commenced business as a Turkey merchant in the City of London. His profound knowledge, both speculative and practical, of commercial matters, and the perspicuity and liveliness with which he explained his views, speedily introduced him to the notice of statesmen. The government found in him at once an enlightened adviser and an unscrupulous slave. For with his rare mental endowments were joined lax principles and an unfeeling heart. When the Tory reaction was in full progress, he had consented to be made Sheriff for the express purpose of assisting the vengeance of the court. His juries had never failed to find verdicts of Guilty; and, on a day of judicial butchery, carts, loaded with the legs and arms of quartered Whigs, were, to the great discomposure of his lady, driven to his fine house in Basinghall Street for orders. His services had been rewarded with the honour of knighthood, with an Alderman's gown, and with the office of Commissioner of the Customs. He had been brought into Parliament for Banbury, and though a new member, was the person on whom the Lord Treasurer chiefly relied for the conduct of financial business in the Lower House. 314

Though the Commons were unanimous in their resolution to grant a further supply to the crown, they were by no means agreed as to the sources from which that supply should be drawn. It was speedily determined that part of the sum which was required should be raised by laying an additional impost, for a term of eight years, on wine and vinegar: but something more than this was needed. Several absurd schemes were suggested. Many country gentlemen were disposed to put a heavy tax on all new buildings in the capital. Such a tax, it was hoped, would check the growth of a city which had long been regarded with jealousy and aversion by the rural aristocracy. Dudley North's plan was that additional duties should be imposed, for a term of eight years, on sugar and tobacco. A great clamour was raised Colonial merchants, grocers, sugar bakers and tobacconists, petitioned the House and besieged the public offices. The people of Bristol, who were deeply interested in the trade with Virginia and Jamaica, sent up a deputation which was heard at the bar of the Commons. Rochester was for a moment staggered; but North's ready wit and perfect knowledge of trade prevailed, both in the Treasury and in the Parliament, against all opposition. The old members were amazed at seeing a man who had not been a fortnight in the House, and whose life had been chiefly passed in foreign countries, assume with confidence, and discharge with ability, all the functions of a Chancellor of the Exchequer. 315

His plan was adopted; and thus the Crown was in possession of a clear income of about nineteen hundred thousand pounds, derived from England alone. Such an income was then more than sufficient for the support of the government in time of peace. 316

The Lords had, in the meantime, discussed several important questions. The Tory party had always been strong among the peers. It included the whole bench of Bishops, and had been reinforced during the four years which had elapsed since the last dissolution, by several fresh creations. Of the new nobles, the most conspicuous were the Lord Treasurer Rochester, the Lord Keeper Guildford, the Lord Chief Justice Jeffreys, the Lord Godolphin, and the Lord Churchill, who, after his return from Versailles, had been made a Baron of England.

The peers early took into consideration the case of four members of their body who had been impeached in the late reign, but had never been brought to trial, and had, after a long confinement, been admitted to bail by the Court of King's Bench. Three of the noblemen who were thus under recognisances were Roman Catholics. The fourth was a Protestant of great note and influence, the Earl of Danby. Since he had fallen from power and had been accused of treason by the Commons, four Parliaments had been dissolved; but he had been neither acquitted nor condemned. In 1679 the Lords had considered, with reference to his situation, the question whether an impeachment was or was not terminated by a dissolution. They had resolved, after long debate and full examination of precedents, that the impeachment was still pending. That resolution they now rescinded. A few Whig nobles protested against this step, but to little purpose. The Commons silently acquiesced in the decision of the Upper House. Danby again took his seat among his peers, and became an active and powerful member of the Tory party. 317

The constitutional question on which the Lords thus, in the short space of six years, pronounced two diametrically opposite decisions, slept during more than a century, and was at length revived by the dissolution which took place during the long trial of Warren Hastings. It was then necessary to determine whether the rule laid down in 1679, or the opposite rule laid down in 1685, was to be accounted the law of the land. The point was long debated in both houses; and the best legal and parliamentary abilities which an age preeminently fertile both in legal and in parliamentary ability could supply were employed in the discussion. The lawyers were not unequally divided. Thurlow, Kenyon, Scott, and Erskine maintained that the dissolution had put an end to the impeachment. The contrary doctrine was held by Mansfield, Camden, Loughborough, and Grant. But among those statesmen who grounded their arguments, not on precedents and technical analogies, but on deep and broad constitutional principles, there was little difference of opinion. Pitt and Grenville, as well as Burke and Fox, held that the impeachment was still pending Both Houses by great majorities set aside the decision of 1685, and pronounced the decision of 1679 to be in conformity with the law of Parliament.

Of the national crimes which had been committed during the panic excited by the fictions of Oates, the most signal had been the judicial murder of Stafford. The sentence of that unhappy nobleman was now regarded by all impartial persons as unjust. The principal witness for the prosecution had been convicted of a series of foul perjuries. It was the duty of the legislature, in such circumstances, to do justice to the memory of a guiltless sufferer, and to efface an unmerited stain from a name long illustrious in our annals. A bill for reversing the attainder of Stafford was passed by the Upper House, in spite of the murmurs of a few peers who were unwilling to admit that they had shed innocent blood. The Commons read the bill twice without a division, and ordered it to be committed. But, on the day appointed for the committee, arrived news that a formidable rebellion had broken out in the West of England. It was consequently necessary to postpone much important business. The amends due to the memory of Stafford were deferred, as was supposed, only for a short time. But the misgovernment of James in a few months completely turned the tide of public feeling. During several generations the Roman Catholics were in no condition to demand reparation for injustice, and accounted themselves happy if they were permitted to live unmolested in obscurity and silence. At length, in the reign of King George the Fourth, more than a hundred and forty years after the day on which the blood of Stafford was shed on Tower Hill, the tardy expiation was accomplished. A law annulling the attainder and restoring the injured family to its ancient dignities was presented to Parliament by the ministers of the crown, was eagerly welcomed by public men of all parties, and was passed without one dissentient voice. 318

It is now necessary that I should trace the origin and progress of that rebellion by which the deliberations of the Houses were suddenly interrupted.