sent the case to the assize or jury. By the special selection of the court, the Marquis of Montrose, the grandson of him who had been hanged by Argyle and the Covenanters, the hereditary and implacable enemy of all that bore the name of Campbell, sat there as chancellor or foreman of the jury, and delivered the hurried sentence of guilty.

After other iniquitous proceedings, and after a display on the part of the Duke of York of a savage relentless temper and a total disregard to the sanctity of a promise, some troops of horse and a regiment of foot were marched into Edinburgh, and the earl was informed that he was to be brought down from the castle to the tolbooth, whence prisoners were usually carried to execution. Argyle then begged to see his daughter-in-law, the Lady Sophia Lindsay; disguised himself as that lady's page, and succeeded in following her out of the castle. He fled to London, and after lying there for some time in concealment, he crossed over to Holland, where he found many friends and countrymen, fugitives like himself, enjoying the protection of the Prince of Orange. The Duke of York obtained from the terrified parliament of Scotland an act declaring it to be high treason to maintain the lawfulness of excluding him from the succession, either upon account of his religion, or upon any other ground whatsoever. This act he obtained to show the exclusionists in England that a civil war must be entailed upon the two kingdoms, if they persisted in their scheme or succeeded in barring him from the English throne.

a part of the test. The court party, slavish as it | son and lesing-making; and, with indecent haste, was, could not in decency oppose this; and the drawing up of the clause was committed to Lord Stair. The clause was allowed to pass in parliament. To save the Duke of York from that part of the test which provided for the Protestant religion, it was proposed, while the bill was under debate, that the princes of the blood should not be obliged to take the test at all. Lord Belhaven stood up and said that the chief use of the test was to bind a Popish successor. His lordship was instantly sent prisoner to the castle by the parliament; and the lord-advocate announced that he would impeach him. Notwithstanding these high courses, the Earl of Argyle, son to him who suffered at the beginning of the reign, and formerly known as Lord Lorn, avowed the same sentiments as Belhaven; and his speech was believed to have sunk the deeper into the mind of the duke, because he was silent about it. Soon after the duke removed Lord Stair from his high office of president of the court of session, and instituted prosecutions against him and Fletcher of Saltoun, which induced them both to flee their country. To hit Argyle, James called upon him at the council-table to take the test. Argyle took it, but added to his oath this limitation, "That he took the test, so far as it was consistent with itself; and that he meant not to preclude himself, in a lawful way, from endeavouring to make alterations in church and state, so far as they were consistent with his religion and loyalty." James permitted this explanation to pass without remark, with a smiling countenance invited Argyle to sit beside him at the council-board, and in the course of the day's business frequently whis- Charles betrayed more uneasiness of mind pered in his ear as if in friendly confidence. Two than fraternal affection when his brother waited days after, nevertheless, he was committed to the upon him at Newmarket. James, to remove his castle of Edinburgh, and charged with treason anxiety, told him that he had no ambition to for making and uttering the limitation. The meddle again in the affairs of England, but that captive earl wrote to the duke, hoping that he he wished to be intrusted with those of Scotland. had not deserved his highness's displeasure, ex- With full liberty to dispose of all power and pressing his loyalty and obedience to his majesty places in Scotland as he pleased, the duke took and his royal highness, and begging to know his leave of the king, in order to return to Edinwhat satisfaction was expected from him, and burgh by sea. On his voyage a disastrous acciwhere and how he might live with his high-dent had well nigh relieved both nations from ness's favour. James left the letter unanswer- all the fears they entertained on his account. ed, but some of the court cabal sent to inform The Gloucester frigate, which carried him and Argyle secretly, that no more was designed than his retinue, struck upon a sandbank called the to humble him, decrease his feudal power in Lemon and Ore, about twelve leagues from Yarthe Western Highlands, and deprive him of his mouth. The night was dark and the sea ran heritable and other offices; and James himself, high. Lord O'Brien, the Earl of Roxburgh, Sir when some at court spoke as if it was intended to Joseph Douglas, one of the Hydes, who was lieuthreaten life and fortune, exclaimed, "Life and tenant of the Gloucester, Sir John Bury, the capfortune! God forbid." Nevertheless, on the 12th tain, and above 130 more persons, perished; the of December, Argyle was brought before the duke and about 100 persons were saved. Among slavish and venal lords of justiciary, who, by a those who escaped was Captain Churchill (aftermajority of three to two, found that the offences wards Duke of Marlborough), for whose presercharged against him did really amount to trea-vation James is said to have taken great care. So VOL. II.

195

soon as the duke reached Edinburgh, the reign | But now Charles, encouraged by the court lawof terror was renewed. Courts of judicature, yers, insisted that he had in himself the sole right

son and lesing-making; and, with indecent haste, sent the case to the assize or jury. By the special selection of the court, the Marquis of Montrose, the grandson of him who had been hanged by Argyle and the Covenanters, the hereditary and implacable enemy of all that bore the name of Campbell, sat there as chancellor or foreman of the jury, and delivered the hurried sentence of guilty.

After other iniquitous proceedings, and after a display on the part of the Duke of York of a savage relentless temper and a total disregard to the sanctity of a promise, some troops of horse and a regiment of foot were marched into Edinburgh, and the earl was informed that he was to be brought down from the castle to the tolbooth, whence prisoners were usually carried to execution. Argyle then begged to see his daughter-in-law, the Lady Sophia Lindsay; disguised himself as that lady's page, and succeeded in following her out of the castle. He fled to London, and after lying there for some time in concealment, he crossed over to Holland, where he found many friends and countrymen, fugitives like himself, enjoying the protection of the Prince of Orange. The Duke of York obtained from the terrified parliament of Scotland an act declaring it to be high treason to maintain the lawfulness of excluding him from the succession, either upon ac

a part of the test. The court party, slavish as it was, could not in decency oppose this; and the drawing up of the clause was committed to Lord Stair. The clause was allowed to pass in parliament. To save the Duke of York from that part of the test which provided for the Protestant religion, it was proposed, while the bill was under debate, that the princes of the blood should not be obliged to take the test at all. Lord Belhaven stood up and said that the chief use of the test was to bind a Popish successor. His lordship was instantly sent prisoner to the castle by the parliament; and the lord-advocate announced that he would impeach him. Notwithstanding these high courses, the Earl of Argyle, son to him who suffered at the beginning of the reign, and formerly known as Lord Lorn, avowed the same sentiments as Belhaven; and his speech was believed to have sunk the deeper into the mind of the duke, because he was silent about it. Soon after the duke removed Lord Stair from his high office of president of the court of session, and instituted prosecutions against him and Fletcher of Saltoun, which induced them both to flee their country. To hit Argyle, James called upon him at the council-table to take the test. Argyle took it, but added to his oath this limitation, "That he took the test, so far as it was consistent with itself; and that he meant not to preclude himself, in a lawful way, from endeavouring to make alter-count of his religion, or upon any other ground ations in church and state, so far as they were consistent with his religion and loyalty." James permitted this explanation to pass without remark, with a smiling countenance invited Argyle to sit beside him at the council-board, and in the course of the day's business frequently whis- Charles betrayed more uneasiness of mind pered in his ear as if in friendly confidence. Two than fraternal affection when his brother waited days after, nevertheless, he was committed to the upon him at Newmarket. James, to remove his castle of Edinburgh, and charged with treason anxiety, told him that he had no ambition to for making and uttering the limitation. The meddle again in the affairs of England, but that captive earl wrote to the duke, hoping that he he wished to be intrusted with those of Scotland. had not deserved his highness's displeasure, ex- With full liberty to dispose of all power and pressing his loyalty and obedience to his majesty places in Scotland as he pleased, the duke took and his royal highness, and begging to know his leave of the king, in order to return to Edinwhat satisfaction was expected from him, and burgh by sea. On his voyage a disastrous acciwhere and how he might live with his high-dent had well nigh relieved both nations from ness's favour. James left the letter unanswer- all the fears they entertained on his account. ed, but some of the court cabal sent to inform The Gloucester frigate, which carried him and Argyle secretly, that no more was designed than his retinue, struck upon a sandbank called the to humble him, decrease his feudal power in Lemon and Ore, about twelve leagues from Yarthe Western Highlands, and deprive him of his mouth. The night was dark and the sea ran heritable and other offices; and James himself, high. Lord O'Brien, the Earl of Roxburgh, Sir when some at court spoke as if it was intended to Joseph Douglas, one of the Hydes, who was lieuthreaten life and fortune, exclaimed, "Life and tenant of the Gloucester, Sir John Bury, the capfortune! God forbid." Nevertheless, on the 12th tain, and above 130 more persons, perished; the of December, Argyle was brought before the duke and about 100 persons were saved. Among slavish and venal lords of justiciary, who, by a those who escaped was Captain Churchill (aftermajority of three to two, found that the offences wards Duke of Marlborough), for whose presercharged against him did really amount to trea-vation James is said to have taken great care. So VOL. II.

whatsoever. This act he obtained to show the exclusionists in England that a civil war must be entailed upon the two kingdoms, if they persisted in their scheme or succeeded in barring him from the English throne.

195

soon as the duke reached Edinburgh, the reign | But now Charles, encouraged by the court lawof terror was renewed. Courts of judicature, yers, insisted that he had in himself the sole right having their boots and their other tortures, and of nominating the sheriffs, and he selected and differing very little from the Inquisition, were named Dudley North and Rich, two men who erected in all the southern and western counties were devoted to the prerogative, and among the of Scotland. stanchest of Tories. The citizens raised a loud outcry, but they were divided among themselves by irreconcilable party differences, and some of their aldermen were entirely devoted to the court. The king's sheriffs were left at their posts to pack juries for his majesty, who had no longer cause to complain that he could obtain no verdicts. Alderman Pilkington was sentenced to pay the enormous damages of £100,000, for saying that the Duke of York had fired the city at the time of the great fire, and that he was now coming with his Papists to cut the throats of the citizens. Jeffreys, as recorder of London, and high in the Duke of York's favour, gave boldness to the Tory juries, and dismay to every Whig defendant or Whig witness. Every man felt that hangings and headings would follow these civil actions for damages. Shaftesbury withdrew to his house in Aldersgate Street, and called around him all the disaffected and desperate people in the city, still hoping to make good his former boast-"that he would walk the king leisurely out of his domin

But the duke, leaving his satellites and instruments behind him, soon returned with his wife and family to England, being re-appointed lord high-admiral, and lodged in St. James's. The Duke of Monmouth, who had gone abroad upon the king's promise that James should be kept at a distance in Scotland, now came again hastily over, in defiance of his father's commands. He was received in the city of London with an enthusiastic welcome. As in the year 1679-80 Monmouth set out with a train and equipage little less than royal, to make a progress through the kingdom: he was followed by a retinue of 100 or more persons, all armed and magnificently accoutred. In Lancashire, Staffordshire, Worcestershire, and Cheshire he was treated like a king or heir-apparent. The Russells, the Greys, and many others of the Whig aristocracy, met him at the head of their tenants at different places. He entered the different cities and towns in a species of triumph. At Liverpool he even ventured to touch for the king's-evil.

All these proceedings were watched by a well-organized body of spies, who had been collected and drilled through a series of years by the infamous pander Chiffinch, and who now sent hourly reports from the country to court. The notorious Jeffreys was at this time, "with his interest on the side of the Duke of York," chief-justice of Chester. Taking advantage of some disturbances which happened at Chester, Jeffreys got from court a commission of oyer and terminer, and began to make use of it against the admirers and friends of the Protestant duke. Monmouth himself was arrested at Stratford, where he had accepted an invitation to dine in the public streets with all the inhabitants en masse. He submitted quietly, relying upon his tutor Shaftesbury's salutary provision of habeas corpus; and in London he was immediately admitted to bail. His bail were Lords Russell, Grey, &c.

The king and the court party had long complained that they could have no chance of law against their opponents so long as the city was allowed to appoint Whig sheriffs. Ever since the commencement of the struggle of the parliament with Charles I., both sheriffs had always been elected exclusively by the common hall.

ions, and make the Duke of York a vagabond upon the earth like Cain;" or, failing in this, at least to manage matters in such a way that he and his party should not perish without a blow, or be led like sheep to the slaughter. Not knowing that his Absalom, the Duke of Monmouth, who was alike despicable for intellect and for

1 This fine edifice, still existing, was built about the time of Charles I. It was situated just outside the walls, and was the citizens from among whom it was his boast that he could hired or purchased by Lord Shaftesbury, in order to be near raise 10,000 brisk boys by the mere holding up of his finger.

A.D. 1683.

On the 12th of June Josiah Key

heart, had already more than half betrayed him | November (1682), and died at Amsterdam, with and the secrets of his party to the king, he clung rage in his heart and gout in his stomach, about to that paltry reed. At the same time Shaftes- six weeks after his flight. His death struck a bury concerted measures with Lord Russell, Lord damp to the courage of his party, and raised the Essex, Mr. Hampden, and Algernon Sidney. confidence of their opponents. Many resigned These patriots neither agreed as to their ultimate themselves to what seemed to be inevitable end, nor as to the means by which the end was destiny, forsaking altogether the projects and to be brought about. The extremes were repre- by-paths which he had chalked out for them as sented by Lord Russell and Algernon Sidney. leading to civil and religious liberty; while some Russell was for what he called gentle remedies- few, perhaps, rushed into mad and sanguinary for a correction of the constitutional government, schemes of their own devising.' for the utter extirpation of Popery, and for the establishment of one national church, which, if not the Presbyterian, would have been very like it: Sidney was undisguisedly for the entire destruction of royalty, for the re-establishment of his darling commonwealth, and for the widest and most perfect toleration, to include the Catholics and all sects and denominations of men, without any state church or privileged clergy whatever. Honesty of purpose and a mediocrity of talent were common to the two; but it is difficult to conceive a more infamous scoundrel than Russell's kinsman, Lord Howard, or than Ford, Lord Grey, who were both admitted into the confederacy. Nor can much be said in favour of other members of the secret conclave in Aldersgate Street, who proved either cowards or traitors to the cause. Shaftesbury was no fighting man, and yet it appears that he had more boldness and decision than any of them or than all of them put together. He recommended the immediate taking up of arms, and spoke confidently of his "10,000 brisk boys in the city," who were ready to rise at the moving of his finger. But the Duke of Monmouth pretended to despise the citizens as compared with the troops, and the other military men in the confederacy thought it better to wait. So contradictory is the evidence, and so evident is the falsehood of most of the witnesses, that there is scarcely a single part of the story free from doubt. According, however, to the most generally received account, it was agreed that the rising should take place simultaneously in town and country; that Shaftesbury undertook to raise the city; that Monmouth engaged to prevail upon Lord Macclesfield, Lord Brandon, Lord Delamere, and others to rise in Cheshire and Lancashire; that Lord Russell corresponded with Sir Francis Drake and other disaffected gentlemen in the west of England; that Trenchard engaged to have all the inhabitants of his town of Taunton up in arms; and, lastly, despairing at the returning want of concert and spirit among his friends, and dreading to be betrayed either purposely or by imbecility into the hands of his enemies, Shaftesbury threw up the game as lost, and secured his neck by flight. Shaftesbury certainly retired to Holland on, or a day or two before, the 19th of

ling, a salter by trade, and formerly a flaming Whig, waited upon the Duke of York's favourite, Lord Dartmouth, and informed his lordship that there was a terrible plot afoot in the city against the king's life. Dartmouth carried the informer to Sir Leoline Jenkins, the new Tory secretary of state. Jenkins suggested that a second witness would be needed, and Keyling went away, and got his own brother to overhear a terrible conversation between himself and one Goodenough, described as being formerly a satellite of my Lord Shaftesbury. Keyling then led his brother to the secretary at Whitehall. Some of Keyling's associates chanced to see him lurking about the palace, and charged him with a design to betray them. He solemnly avowed that he had no such intention, that he was true to his party; and thereupon they let him go unscathed. He went again to the secretary and made still more ample disclosures. Keyling's narrative at this stage was, in substance, this:-About three months ago, Goodenough had proposed to take away the lives of the king and the Duke of York, and had succeeded in inducing him (Keyling) to join in the plot. Goodenough had then introduced Keyling to several of the conspirators, and Keyling had engaged others himself—as Burton, a cheesemonger, Thompson, a carver, and Barber, an instrument-maker-all of Wapping. At a meeting with Rumbold, the maltster, it was agreed that the party should go down to a place called the Rye, near Hoddesden, in Hertfordshire, where Rumbold had a house, and there lie in wait and cut off his majesty and his brother on their return from Newmarket. At a subsequent meeting they spoke with uncertainty of the time when the king might choose to come up from Newmarket. They also spoke about providing blunderbusses, muskets, pistols, powder, and bullets. The maltster, however, went down to his house at Rye2 without any of his associates, without arms, or any actual preparation; and while he was there the king and duke passed close by 1 Burnet; Ralph; Dalrymple.

2 The Rye House is situated on one of the pleasantest parts of the pleasant river Lea (so dear to Izaak Walton and London is now an inn and fishing-house. anglers), a little above Broxbourn Bridge and Hoddesden, and