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claimed the benefit of counsel, which had been denied to Harrison and the other regicides, and which it was not usual to grant in cases of treason. The court, impatient to make him plead, promised him that if he would put himself on the issue he should have counsel. He then pleaded not guilty, and was sent back to the Tower for four days. When he re-appeared he claimed the promise which had been given him; on which his judges, who had received fresh instructions to condemn him, told him that they would be his counsel. The attorney-general, Sir Geoffrey Palmer, a fanatic royalist, produced his evidence. Vane combated the charges with great learning and eloquence. He maintained that the word king in the statute of treasons meant only a king regnant, a king in actual possession of the crown, and not a king merely de jure, who was not in possession. He justified the conduct of the Commonwealth by the inevitable necessity of the

case.

"This matter," said he, "was not done in a corner. The appeals were solemn, and the decision by the sword was given by God! . . . . . When new and never-heard-of changes do fall out in the kingdom, it is not like that the known and written laws of the land should be the exact rule, but the grounds and rules of justice, contained and declared in the law of nature, are and ought to be a sanctuary in such cases, even by the very common law of England: for thence originally spring the unerring rules that are set by the Divine and eternal law for rule and subjection in all states and kingdoms." In the course of his defence he called attention to the facts that the resolutions and votes for changing the government of England into a Commonwealth were all passed before he was returned to parliament; that he was bound to obey the powers then regnant; that he had done nothing for any private or gainful ends, to profit himself or enrich his relations, as well appeared by the great debts he had contracted, and the destitute condition in which he should now leave his family. But the court was not to be moved by such appeals as these, and they determined that the evidence against the prisoner was good, and that the acts imputed to him amounted to high treason. Vane then offered a bill of exceptions, and claimed the benefit of the promise which the king had made to the Convention Parliament-that, if Vane should be attainted by law, he would not suffer the sentence to be executed. The solicitor-general openly declared that "the prisoner must be made a public sacrifice;" and, alluding to Vane's urgent and repeated demands for the benefit of counsel, he brutally exclaimed

traitors, Bradshaw or Coke, from the top of Westminster Hall?" With these words thundering in their ears, the jury retired, and in half an hour returned into court with a verdict of guilty.'

On the morrow, Charles thus wrote from Hampton Court to Clarendon :-"The relation that hath been made to me of Sir H. Vane's carriage yesterday in the hall is the occasion of this letter; which, if I am rightly informed, was so insolent as to justify all he had done, acknowledging no supreme power in England but a parliament, and many things to that purpose. You have had a true account of all; and, if he has given new occasion to be hanged, certainly he is too dangerous a man to let live, if we can honestly put him out of the way. Think of this, and give me some account of it to-morrow; till when, I have no more to say to you." What Clarendon's account was, we may easily divine," for, on that day week (June 14), a scaffold was prepared on Tower-hill, on the very spot where the Earl of Strafford had suffered so many years before. At an early hour Vane took leave of his wife and children, and of a few generous friends that were not afraid of incurring the hatred of government by showing a deep sympathy. He entreated them not to mourn for him. His religious enthusiasm blended itself, as it had ever done, with his republicanism and passionate love of liberty. "I know," said he, “that a day of deliverance for Sion will come. Some may think the manner of it may be as before, with confused noise of the warrior, and garments rolled in blood; but I rather think it will be with burning and fuel of fire. . . . I die in the certain faith and foresight that this cause shall have its resurrection in my death. My blood will be the seed sown, by which this glorious cause will spring up, which God will speedily raise. . As a testimony and seal to the justness of that quarrel, I leave now my life upon it, as a legacy to all the honest interest in these three nations. Ten thousand deaths rather than defile my conscience, the chastity and purity of which I value beyond all this world!" He was dragged on a sledge from the Tower to the scaffold, looking so cheerful that it was difficult to convince many of the spectators that he was the prisoner about to die. The government had been alarmed by the impression made by the dying words of Harrison, Scott, and Peters; and so they had resolved to interrupt, at all critical passages, the more dangerous eloquence of Vane. When he at

The attorney general, who had the last word, was even permitted to hold a secret consultation with the foreman as the

-"What counsel does he think would dare speak jury were leaving the box.-See Foster's Life of Sir Henry Vane,

for him in such a manifest case of treason, unless he could call down the heads of his fellow

in Lives of Eminent Statesmen.

2 Clarendon, in his Life, avoids saying a single word about the trial and execution of Vane.

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morality, irreligion, and indecency, that obtained among public men. General Lambert was tried and condemned at the same time; but by his timid proceedings after the death of the protector, he had given very evident proofs that he was not a dangerous man; he pleaded guilty, threw himself abjectly upon the royal mercy, and was suffered to wear out the remainder of his days in an unhonoured prison in the island of Guernsey. Other blood, however, was shed. Colonels Okey, Corbet, and Barkstead, who had been concerned in the execution of the late king, had fled to Holland, but they were hunted out by Downing, who had once been chaplain in Okey's regiment; the States gave them up, and they were brought to the gibbet and the knife. They died glorying in the good old cause, and Downing was held up to detestation. General Ludlow, Mr. Lisle, and a few other Commonwealth men, who either had taken a part in the trial of Charles I., or had otherwise incurred the hatred of the royalists, had found an asylum among the republicans of Switzerland-a sacred asylum, which was not suffered to be invaded either by the threats or promises that were repeatedly held out through a series of years by the government and family of Charles II. Not being able to obtain their expulsion or their surrender by the Swiss, the royalists had recourse to assassination in a private way. Lisle was shot in the back in the month of August, 1664, on the Lord's-day, as he was going into a church at Lausanne. He fell dead on the spot in the churchyard, and close to

tempted to describe the conduct of his judges, Sir John Robinson, the lieutenant of the Tower, interrupted him, saying, in a furious manner, "It is a lie; I am here to testify that it is a lie. Sir, you must not rail at the judges." Vane replied, "God will judge between you and me in this matter. I speak but matter of fact, and cannot you bear that? It is evident the judges refused to sign my bill of exceptions." . . . Here the drummers and trumpeters were ordered to come close under the scaffold, and the trumpeters blew in his face to prevent his being heard. Sir Harry lifted up his hand, laid it on his breast, and, after a mild remonstrance, silence being restored, he proceeded to detail to his fellowcountrymen and fellow-Christians some circumstances of his life and of the late Civil wars. Upon this, the trumpeters again sounded, the sheriff snatched at the paper he held in his hand,' and the lieutenant of the Tower furiously called out for the books of some that were taking notes of Vane's solemn and last discourse. 'He treats of rebellion," said the lieutenant, "and you write it." And thereupon six note books were delivered up. Vane said, meekly, that it was hard that he might not be permitted to speak, but that this was what all upright men might now expect from the worldly spirit. Here fresh blasts were blown upon the trumpets, and fresh efforts made by the lieutenant of the Tower and two or three others to snatch the paper out of his hand, "and they put their hands into his pockets for papers, as was pretended, which bred great confusion and dissatisfaction to the spectators, see-the church-porch; and his murderer mounted a ing a prisoner so strangely handled in his dying words." At last Vane gave up all hope of being allowed to explain himself to the people, and, turning away from the front of the scaffold, he knelt in prayer for a few minutes by the side of the block, then laid his head upon that sharp pillow, and stretched out his arm as a signal to the executioner, who struck a good blow, which severed his neck at once. His magnanimity on the scaffold made a wonderful and lasting impression, which became the deeper when men saw more and more of the ways of the restored government and of the universal corruption, im

1 Burnet; Pepys.

swift horse that was held for him at hand by another villain, and the two, shouting “God save the king," galloped off and crossed the Swiss frontier into France. Other less successful attempts were made in the same manner upon the life of Ludlow, who distinctly charges King Charles, his mother the queen-dowager, and his sister the Duchess of Orleans, with employing these assassins.

2 This Downing had been Cromwell's ambassador at the Hague, but, being ready to do any kind of work, he was continued in his post by Charles. He employed a perfidious artifice to get possession of his victims, who had once been his friends Even Pepys is indignant at this "perfidious

and patrons.

rogue."

CHAPTER II.-CIVIL AND MILITARY HISTORY.-A.D. 1661-1675.

CHARLES II.

Act of uniformity enforced upon the Presbyterians-Ejection of their ministers on the anniversary of St. Bartholomew-Declaration of indulgence in behalf of Papists-Sale of Dunkirk-Opposition of Charles to the triennial act-The conventicle act passed-Its oppressions-It is turned in Scotland against the national church-Scottish persecutions by Lauderdale and Sharp-War with Holland-Naval engagements with the Dutch-Further oppressive acts of the high-church party-Fresh naval encounters with the Dutch-The fire of London-Opposition to the court commenced-Insurrection of the Covenanters in Scotland-Their defeat at the Pentland Hills-The Dutch block up the Medway and the Thames-Peace concluded with HollandPlot against the Earl of Clarendon-He is deprived of the chancellorship-His impeachment in parliamentHe secretly withdraws to France-The council called the Cabal formed-Its proceedings-Secret and treacherous treaties of Charles with Louis XIV.-Charles obliged to relinquish his scheme of toleration-His mistresses-His design to change the national religion and government-His combination for that purpose with Louis XIV.-Infamous treatment of Sir John Coventry-The bill called the "Coventry Act"-Account of Colonel Blood-His attempt to hang the Duke of Ormond-His behaviour before the king-Charles and Louis XIV. go to war with Holland-Nefarious attempt to capture the Dutch Smyrna fleet-Its failure-Indecisive naval battle with the Dutch at Solebay-The Dutch assailed by the French by land-William, Prince of Orange-His character and abilities-He obtains the chief command in Holland-His able resistance to the French invasion-Meeting of parliament-Unsuccessful attempts of the court to win over the Nonconformists -Bill to suppress Popery called the "Test Act" passed-Parliament prorogued-The Cabal succeeded by the Danby administration-Peace between England and Holland-Court and cabinet intrigues-Debates in parliament upon the bill to prevent the danger which may arise from persons disaffected to the governmentTroubles in Scotland-Attempt to assassinate Archbishop Sharp-Slavish conduct of the Scottish parliament.

1

S the anniversary of St. Bartho-lord-general (Monk), the Duke of Ormond, the lomew approached, the Presbyte-chief-justice, the attorney-general, and the secrerian ministers, threatened with taries of state. "The bishops," says Clarendon, deprivation, reminded the king of "were very much troubled that those fellows all they and their party had done should still presume to give his majesty so much for his restoration, and then im- vexation, and that they should have such access plored his majesty to suspend the execution of to him. They gave such arguments against the the act of uniformity for three months longer, doing what was desired as could not be answered; by his letters to the bishops, by proclamation, and, for themselves, they desired to be excused by an act of council, or in any other way his for not conniving in any degree at the breach majesty should think fit. Charles made them a of the act of parliament, and that his majesty's positive promise that he would do what they giving such a declaration or recommendation (for desired; and this promise was solemnly given to the three months' respite) would be the greatest them in the presence of Monk, who was still wound to the church, and to the government considered as leaning towards the Presbyterians thereof, that it could receive." As a matter of through his wife. But Clarendon stepped in and course, the crown lawyers sided with the bishops; urged the absolute necessity of enforcing obedi- and so, "upon the whole matter, the king was ence to the act of uniformity without delay or converted; and, with great bitterness against that connivance; and he told the king that it would people in general, and against the particular pernot be in his power to preserve from deprivation sons, whom he had always received too graciously, those ministers that would not submit to it. concluded that he would not do what was desired, This is Clarendon's account, almost in his own and that the connivance should not be given to words. He tells us, indeed, that he was very any of them. The bishops departed full of satistender of the king's honour, and told his majesty faction with the king's resolution." Accordingly, that, having engaged his word, he ought to per- upon the day prescribed, which the suffering Presform what he had promised. But Clarendon byterians compared to the great St. Bartholomew knew that Charles never regarded his word, and Massacre of the French, the act of uniformity was he had given him a strong inducement to break enforced in all its rigour. Some complied with it. Some of the bishops were then summoned the terms for the sake of their families; but upto Hampton Court, and the question was debated wards of 2000 ministers refused, and were thrust in the presence of the king, the chancellor, the 1 Life.

2 Ibid.

...

out of their livings. The Long Parliament had | old dread or detestation of the Roman church. assigned a fifth of the revenues of the church for Charles, however, influenced by his brother the the support of the Episcopalian clergy whom they Duke of York, by Bristol, by Secretary Bennet, dispossessed; but now the Episcopalians allowed and by other avowed or concealed Papists, put nothing of the sort. "This," says Burnet, "raised forth a declaration of indulgence.' Whatever were a grievous outcry over the nation. Some his motives, this was indisputably Charles's best few, and but few, of the Episcopal party, were act; but we shall presently see that the bigotry of troubled at this severity, or apprehensive of the part of his subjects did not allow him to mainvery ill effects it was like to have. Here were tain it. very many men, much valued, some on better grounds, and others on worse, who were now cast out ignominiously, reduced to great poverty, provoked by much spiteful usage, and cast upon those popular practices that both their principles and their circumstances seemed to justify." But it was not merely the Presbyterian ministers and their flocks that suffered; all the Nonconformists (which now had become the general term, as that of Puritans had been formerly) were visited by a sharp persecution, their conventicles being everywhere suppressed, and their preachers and many of themselves cast into prison as men guilty of the double sin of heresy and disloyalty. Hoping nothing from the laws or the parliament of their country, these men projected extensive emigrations to Holland, to New England, to other plantations beyond the Atlantic-to any spot where they might be safe from the "prelates' rage." Upon this, the Earl of Bristol, the rash and eccentric Lord Digby of the Civil wars, and as rash and eccentric now as ever, conceived a plan into which the leading Catholics entered very readily. This plan was to procure, under cover of indulgence to the Protestant Nonconformists, whose departure from the country would be most mischievous to trade and industry, a wide and liberal toleration, which should include all that did not conform-and themselves, as Papists, with the rest. The project pleased the king, and did not displease the minor sects; but the Presbyterians were averse to sharing in a toleration with the Papists; and the bishops and the high-church party, who were for a strict conformity on the part of all sects whatsoever, had abated none of their fell with exalted zeal upon the king's declaration of

It is dated the 26th of December, 1662. Clarendon attributes the blame of it to Ashley Cooper (Shaftesbury), who had passed, by turns, for Presbyterian and Independent, but who, like his master King Charles, had neither bigotry nor any strong attachment to any religion. The chancellor also informs us that, to crown all the hopes of the Papists "the lady "-that is, Castlemaine, the king's mistress, in whose apartment half the business of government was transacted-" declared herself of that faith, and inveighed sharply against the church she had been bred in."-Life. But he says nothing about the conversion of his own daughter, the Duchess of York, which took place soon after.

2 "Whether it would really have been of great advantage to England, had it been preserved, may be doubted; as, though, from its situation, it might have afforded a shelter for our privateers instead of those of the enemy, a retreat for our fleets if beaten, or a safe landing-place for our armies; all these advantages would apparently have been fully balanced by the very large expense attending its preservation. These, however, are the views which a more enlightened system of policy has

Nearly at the same time, the whole English nation, without any distinction as to sects or parties, was disgusted by the sale of Dunkirk—that place which had been acquired by Oliver Cromwell, and which had been held of such importance even by the Convention Parliament who called home Charles, that, several months after his arrival, they had passed a bill annexing it to the imperial crown of this realm, being encouraged thereto by Clarendon, who, on several public occasions, both before and after the vote, dwelt with pompous rhetoric on the subject. When Charles made up his mind to "chaffer away" the conquest of the "magnanimous usurper," there were three bidders in the market-Spain, from whom the place had been taken; Holland, that wished to secure it as a bulwark against the now encroaching and powerful French; and France, that longed for it as an extension of frontier, and a beginning to the occupation of all Belgium, and Holland to boot. All three bid high; but Charles expected more services from the growing power of France than he could hope for from the fast-declining power of Spain, or from the cautious government of Holland (he and Clarendon were actually engaged in a secret negotiation with Louis XIV. for a French force of 10,000 foot and some cavalry to subdue what remained of the liberties of England), and, after driving a long and hard bargain, Dunkirk was given up to France for 5,000,000 livres, payable in three years by bills of different dates.3

A.D. 1663.

The parliament re-assembled on the 18th of February, and presently

taught the world. In the days of Clarendon they were very much unknown. It was then thought that establishments of the Continent of Europe were of the greatest importance to England, and were to be preserved as the most valuable append ages of the British crown. Hence the despair of Mary at the loss of Calais: hence the anxiety of Cromwell to obtain Dunkirk as an equivalent for that loss: and hence the universal cry of reprobation through the country when the latter place was lost to us for ever."-Historical Inquiries respecting the Character of Edward Hyde, Earl of Clarendon, by the Hon. George Agar Ellis (the late Lord Dover).

3 See Mémoires d'Estrades, the French diplomatist who neotiated the sale; Euvres de Louis XIV. Clarendon's State Paper and Life. A recent writer, of strong opinions, seems to think that the sale was very justifiable, and that it was justified by the long acquiescence of the parliament. But if that parliament. which was as base as the king, said nothing of the subject for several years, its calculated silence was not imitated by the nation. Everywhere the people denounced the sale; and the

indulgence; and the bill to give the crown a dispensing power without consent of parliament was abandoned in the lords, where the bishops were vehement against it; and it was deprecated in both houses, which joined in representing to Charles the alarming growth and increase of Popery and of Jesuits in the kingdom. The commons, however, voted him a grant of four subsidies; and then, their best work being done, he was about to prorogue the parliament, when the Earl of Bristol delayed that measure by suddenly impeaching the lord-chancellor. But, with the help of the judges, who declared against the legality of the charges, the matter soon fell to the ground. Bristol absconded; and the prorogation took place on the 27th of July. During the long holiday which followed, the court pursued their old course of revelry and riot; and a very insignificant insurrection took place at Farnley Wood, in Yorkshire. It appears that the government, if it did not actually foment it, was perfectly well aware of the existence of this ephemeral plot, which was promoted by religious persecution, but which did not include a single person of any rank or consequence. A.D. 1664.

On the re-assembling of parliament, on the 16th of March, Charles made a great deal of the affair of Farnley Wood. He told the two houses that that plot was extensive and dangerous; that some of those conspirators maintained that the authority of the Long Parliament still existed in the surviving members; and that others computed that, by a clause in the triennial act, the present parliament was, by lapse of time, at an end several months since, and that, therefore, as the court issued no new writs, the people might themselves choose members for a new parliament. He said that he had often read over that bill; and though there was no colour (as, indeed, there was not) for the fancy of the determination of the parliament (that is, its ending in three years), yet he would not deny that he had always expected them to reconsider "the wonderful clauses" in that bill, which had passed in a time "very uncareful for the dignity of the crown." He now requested them to look again at that triennial bill. He said that he loved parliaments-that he was much beholden to parliaments that he did not think the crown could ever be happy without frequent parliaments; "but assure yourselves," said he, in conclusion, "if I

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merchants of London offered, through the lord mayor, any sum of money to the king so that Dunkirk might not be alienated. And we are disposed to believe that, but for the hopes he entertained that Louis would afford him the means of making himself as absolute as his most Christian majesty, Charles would have turned aside from the unpopular measure, and contented himself with some large annual allowance from the merchants.

These wonderful clauses, that were wormwood to the king and all the absolutists, were to the effect that, if the king did |

He

should think otherwise, I would never suffer & parliament to come together by the means prescribed by that bill." Charles was aware that the Hampdens and the Pyms were no more. knew the baseness of the present parliament, which had been already nibbling at the triennial act more than once, and which now, without a murmur, annihilated that bulwark of liberty. This was so grateful to Charles, that he went in person to the House of Lords to pass the repealing bill, and to thank them. He told them that every good Englishman would thank them for it; for the triennial act could only have served to discredit parliaments-to make the crown jealous of parliaments, and parliaments jealous of the crown-and persuade neighbour princes that England was not governed by a monarch. Such is the account of this momentous transaction as given by Clarendon, who, in his tenderness to royalty, forgets to mention that the king assured them he would not be a day more without a parliament on this account, and that the repealing bill contained a provision that parliaments should not, in future, be intermitted for above three years at the most. But, as an eminent modern writer has observed, the necessity of the securities in the triennial act, and the mischief of that servile loyalty which now abrogated those securities, became manifest at the close of the present reign, nearly four years having elapsed between the dissolution of Charles's last parliament and his death.* In this same session was passed the infamous bill called the "Conventicle Act." It forbade the Nonconformists to frequent any conventicles or places of worship not of the Establishment; and it imposed a scale of punishments, ranging from three months' imprisonment to seven years' transportation. The execution of the act was not only committed to the civil authorities, but to militia officers and the king's forces, who broke open every house where they knew, or fancied there were, a few Nonconformists gathered together to worship God in their own way. The close, unwholesome prisons were soon crammed with conscientious victims-with men and women, with old and young -while others were ruined in their estates by bribing and purchasing the insecure connivance of the most corrupt and rapacious of the myrmidons of the court. And when (as now and then happened) a few enthusiasts were driven to madness and insurrection, they were strung up on the

not summon a fresh parliament within three years after a dissolution, the peers were to meet and issue writs of their own accord; if they did not within a certain time perform this duty. the sheriffs of every county were to take it on themselves; and in default of all constituted authorities, the electors might as semble, without any regular summons, to choose representatives. 2 Bills had been brought in for the repeal of the triennial act on the 3d of April, 1662, and the 10th of March, 1663. 3 Clarendon, Life.

Hallam, Const. Hist.

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