Chapter 8

* Such as the letters which passed betwixt Danby andMontague, the king’s ambassador at Paris; Temple’s Memoirs,and his Letters. In these last, we see that the king nevermade any proposals of terms but what were advantageous toFrance; and the prince of Orange believed them to havealways been concerted with the French ambassador. Vol. i. p.439.In Sir John Dalrymple’s Appendix, (p. 103,) it appears, thatthe king had signed himself, without the participation ofhis ministers, a secret treaty with France, and had obtaineda pension on the promise of his neutrality; a tact whichrenders his royal word, solemnly given to his subjects, oneof the most dishonorable and most scandalous acts that everproceeded from a throne.

Negotiations meanwhile were carried on between France and Holland, and an eventual treaty was concluded; that is all their differences were adjusted, provided they could after wards satisfy their allies on both sides. This work, though in appearance difficult, seemed to be extremely forwarded, by further bad successes on the part of the confederates, and by the great impatience of the Hollanders; when a new event happened, which promised a more prosperous issue to the quarrel with France, and revived the hopes of all the English who understood the interests of their country.

The king saw with regret the violent discontents which prevailed in the nation, and which seemed every day to augment upon him. Desirous by his natural temper to be easy himself, and to make every body else easy, he sought expedients to appease those murmurs, which, as they were very disagreeable for the present, might in their consequences prove extremely dangerous. He knew that, during the late war with Holland, the malecontents at home had made applications to the prince of Orange; and if he continued still to neglect the prince’s interests, and to thwart the inclinations of his own people, he apprehended lest their common complaints should cement a lasting union between them. He saw that the religion of the duke inspired the nation with dismal apprehensions; and though he had obliged his brother to allow the young princesses to be educated in the Protestant faith, something further, he thought, was necessary, in order to satisfy the nation. He entertained, therefore, proposals for marrying the prince of Orange to the lady Mary, the elder princess, and heir apparent to the crown, (for the duke had no male issue;) and he hoped, by so tempting an offer, to engage him entirely in his interests. A peace he purposed to make; such as would satisfy France, and still preserve his connections with that crown; and he intended to sanctify it by the approbation of the prince, whom he found to be extremely revered in England, and respected throughout Europe. All the reasons for this alliance were seconded by the solicitations of Danby, and also of Temple, who was at that time in England; and Charles at last granted permission to the prince, when the campaign should be over, to pay him a visit.

The king very graciously received his nephew at Newmarket. He would have entered immediately upon business but the prince desired first to be acquainted with the lady Mary; and he declared, that, contrary to the usual sentiments of persons of his rank, he placed a great part of happiness in domestic satisfaction, and would not, upon any consideration of interest or politics, match himself with a person disagreeable to him. He was introduced to the princess, whom he found in the bloom of youth, and extremely amiable both in her person and her behavior. The king now thought that he had a double tie upon him, and might safely expect his compliance with every proposal: he was surprised to find the prince decline all discourse of business, and refuse to concert any terms for the general peace, till his marriage should be finished. He foresaw, he said, from the situation of affairs that his allies were likely to have hard terms; and he never would expose himself to the reproach of having sacrificed their interests to promote his own purposes. Charles still believed, notwithstanding the cold, severe manner of the prince, that he would abate of this rigid punctilio of honor; and he protracted the time, hoping, by his own insinuation and address, as well as by the allurements of love and ambition, to win him to compliance. One day, Temple found the prince in very bad humor, repenting that he had ever come to England, and resolute in a few days to leave it: but before he went, the king, he said, must choose the terms on which they should hereafter live together: he was sure it must be like the greatest friends or the greatest enemies: and he desired Temple to inform his master next morning of these intentions. Charles was struck with this menace, and foresaw how the prince’s departure would be interpreted by the people. He resolved, therefore, immediately to yield with a good grace; and having paid a compliment to his nephew’s honesty, he told Temple that the marriage was concluded, and desired him to inform the duke of it, as of an affair already resolved on. The duke seemed surprised; but yielded a prompt obedience: which, he said, was his constant maxim to whatever he found to be the king’s pleasure. No measure during this reign gave such general satisfaction. All parties strove who should most applaud it. And even Arlington, who had been kept out of the secret, told the prince, “that some things, good in themselves, were spoiled by the manner of doing them, as some things bad were mended by it; but he would confess, that this was a thing so good in itself, that the manner of doing it could not spoil it.”

This marriage was a great surprise to Lewis, who, accustomed to govern every thing in the English court, now found so important a step taken, not only without his consent, but without his knowledge or participation. A conjunction of England with the allies, and a vigorous war in opposition to French ambition, were the consequences immediately expected, both abroad and at home: but to check these sanguine hopes, the king, a few days after the marriage, prolonged the adjournment of the parliament from the third of December to the fourth of April. This term was too late for granting supplies, or making preparations for war; and could be chosen by the king for no other reason, than as an atonement to France for his consent to the marriage. It appears also, that Charles secretly received from Lewis the sum of two millions of livres on account of this important service.[*]

* Sir John Dalrymple’s Appendix, p. 112.

The king, however, entered into consultations with the prince, together with Danby and Temple, concerning the terms which it would be proper to require of France. After some debate, it was agreed, that France should restore Lorraine to the duke; with Tournay, Valenciennes, Condé, Aeth, Charleroi, Courtray, Oudenarde, and Binche to Spain, in order to form a good frontier for the Low Countries. The prince insisted that Franche Compte should likewise be restored and Charles thought that, because he had patrimonial estates of great value in that province, and deemed his property more secure in the hands of Spain, he was engaged by such views to be obstinate in that point: but the prince declared, that to procure but one good town to the Spaniards in Flanders, he would willingly relinquish all those possessions. As the king still insisted on the impossibility of wresting Franche Compte from Lewis, the prince was obliged to acquiesce.

Notwithstanding this concession to France, the projected peace was favorable to the allies, and it was a sufficient indication of vigor in the king, that he had given his assent to it. He further agreed to send over a minister instantly to Paris, in order to propose these terms. This minister was to enter into no treaty: he was to allow but two days for the acceptance or refusal of the terms: upon the expiration of these, he was presently to return: and in case of refusal, the king promised to enter immediately into the confederacy. To carry so imperious a message, and so little expected from the English court, Temple was the person pitched on, whose declared aversion to the French interest was not likely to make him fail of vigor and promptitude in the execution of his commission.

But Charles next day felt a relenting in this assumed vigor. Instead of Temple, he despatched the earl of Feversham, a creature of the duke’s, and a Frenchman by birth; and he said, that the message being harsh in itself, it was needless to aggravate it by a disagreeable messenger. The prince left London; and the king, at his departure, assured him, that he never would abate in the least point of the scheme concerted, and would enter into war with Lewis if he rejected it.

Lewis received the message with seeming gentleness and complacency. He told Feversham, that the king of England well knew that he might always be master of the peace; but some of the towns in Flanders it seemed very hard to demand, especially Tournay, upon whose fortifications such immense sums had been expended: he would therefore take some short time to consider of an answer. Feversham said, that he was limited to two days’ stay: but when that time was elapsed, he was prevailed on to remain some few days longer; and he came away at last without any positive answer. Lewis said, that he hoped his brother would not break with him for one or two towns: and with regard to them too, he would send orders to his ambassador at London to treat with the king himself. Charles was softened by the softness of France; and the blow was thus artfully eluded. The French ambassador, Barillon, owned at last, that he had orders to yield all except Tournay, and even to treat about some equivalent for that fortress, if the king absolutely insisted upon it. The prince was gone who had given spirit to the English court; and the negotiation began to draw out into messages and returns from Paris.

By intervals, however, the king could rouse himself, and show still some firmness and resolution. Finding that affairs were not likely to come to any conclusion with France, he summoned, notwithstanding the long adjournment, the parliament on the fifteenth of January; an unusual measure, and capable of giving alarm to the French court. Temple was sent for to the council; and the king told him, that he intended he should go to Holland, in order to form a treaty of alliance with the states; and that the purpose of it should be, like the triple league, to force both France and Spain to accept of the terms proposed. Temple was sorry to find this act of vigor qualified by such a regard to France, and by such an appearance of indifference and neutrality between the parties. He told the king, that the resolution agreed on, was to begin the war in conjunction with all the confederates, in case of no direct and immediate answer from France: that this measure would satisfy the prince, the allies, and the people of England; advantages which could not be expected from such an alliance with Holland alone: that France would be disobliged, and Spain likewise; nor would the Dutch be satisfied with such a faint imitation of the triple league, a measure concerted when they were equally at peace with both parties. For these reasons, Temple declined the employment; and Lawrence Hyde, second son of Chancellor Clarendon, was sent in his place.

1678

The prince of Orange could not regard without contempt such symptoms of weakness and vigor conjoined in the English counsels. He was resolved, however, to make the best of a measure which he did not approve; and as Spain secretly consented that her ally should form a league, which was seemingly directed against her as well as France, but which was to fall only on the latter, the states concluded the treaty in the terms proposed by the king.

Meanwhile the English parliament met, after some new adjournments: and the king was astonished that, notwithstanding the resolute measures which he thought he had taken, great distrust, and jealousy, and discontent were apt, at intervals, still to prevail among the members. Though in his speech he had allowed that a good peace could no longer be expected from negotiation, and assured them, that he was resolved to enter into a war for that purpose, the commons did not forbear to insert in their reply several harsh and even unreasonable clauses. Upon his reproving them, they seemed penitent; and voted, that they would assist his majesty in the prosecution of the war. A fleet of ninety sail, an army of thirty thousand men, and a million of money were also voted. Great difficulties were made by the commons with regard to the army, which the house, judging by past measures, believed to be intended more against the liberties of England than against the progress of the French monarch. To this perilous situation had the king reduced both himself and the nation. In all debates, severe speeches were made, and were received with seeming approbation: the duke and the treasurer began to be apprehensive of impeachments: many motions against the king’s ministers were lost by a small majority: the commons appointed a day to consider the state of the kingdom with regard to Popery; and they even went so far as to vote that, how urgent soever the occasion, they would lay no further charge on the people, till secured against the prevalence of the Catholic party. In short, the parliament was impatient for war whenever the king seemed averse to it; but grew suspicious of some sinister design as soon as he complied with their requests, and seemed to enter into their measures.

The king was enraged at this last vote: he reproached Temple with his popular notions, as he termed them; and asked him how he thought the house of commons could be trusted for carrying on the war, should it be entered on, when in the very commencement they made such declarations. The uncertainties indeed of Charles’s conduct were so multiplied, and the jealousies on both sides so incurable, that even those who approached nearest the scene of action, could not determine, whether the king ever seriously meant to enter into a war; or whether, if he did, the house of commons would not have taken advantage of his necessities, and made him purchase supplies by a great sacrifice of his authority.[A]

The king of France knew how to avail himself of all the advantages which these distractions afforded him. By his emissaries, he represented to the Dutch the imprudence of their depending on England; where an indolent king, averse to all war, especially with France, and irresolute in his measures, was actuated only by the uncertain breath of a factious parliament. To the aristocratical party he remarked the danger of the prince’s alliance with the royal family of England, and revived their apprehensions, lest, in imitation of his father, who had been honored with the same alliance, he should violently attempt to enlarge his authority, and enslave his native country. In order to enforce these motives with further terrors, he himself took the field very early in the spring; and after threatening Luxembourg, Mons, and Namur he suddenly sat down before Ghent and Ypres, and in a few weeks made himself master of both places. This success gave great alarm to the Hollanders, who were nowise satisfied with the conduct of England, or with the ambiguous treaty lately concluded; and it quickened all their advances towards an accommodation.

Immediately after the parliament had voted the supply, the king began to enlist forces; and such was the ardor of the English for a war with France, that an army of above twenty thousand men, to the astonishment of Europe, was completed in a few weeks. Three thousand men, under the duke of Monmouth, were sent over to secure Ostend: some regiments were recalled from the French service: a fleet was fitted out with great diligence: and a quadruple alliance was projected between England, Holland, Spain, and the emperor.

But these vigorous measures received a sudden damp from a passionate address of the lower house; in which they justified all their past proceedings that had given disgust to the king; desired to be acquainted with the measures taken by him; prayed him to dismiss evil counsellors; and named in particular the duke of Lauderdale, on whose removal they strenuously insisted. The king told them, that their address was so extravagant, that he was not willing speedily to give it the answer which it deserved. And he began again to lend an ear to the proposals of Lewis, who offered him great sums of money, if he would consent to France’s making an advantageous peace with the allies.

Temple, though pressed by the king, refused to have any concern in so dishonorable a negotiation: but he informs us, that the king said, there was one article proposed which so incensed him that as long as he lived he should never forget it. Sir William goes no further; but the editor of his works, the famous Dr. Swift, says, that the French, before they would agree to any payment, required as a preliminary, that the king should engage never to keep above eight thousand regular troops in Great Britain.[*] Charles broke into a passion. “Cod’s-fish,” said he, (his usual oath,) “does my brother of France think to serve me thus? Are all his promises to make me absolute master of my people come to this? Or does he think that a thing to be done with eight thousand men?”

* To wit, three thousand men for Scotland, andthe usual guards and garrisons in England, amounting to nearfive thousand men. Sir J. Dalrymple’s App p. 161.

Van Beverning was the Dutch ambassador at Nimeguen, a man of great authority with the states. He was eager for peace, and was persuaded, that the reluctance of the king and the jealousies of the parliament would forever disappoint the allies in their hopes of succor from England. Orders were sent him by the states to go to the French king at Ghent, and to concert the terms of a general treaty, as well as procure a present truce for six weeks. The terms agreed on were much worse for the Spaniards than those which had been planned by the King and the prince of Orange. Six towns, some of them of no great importance, were to be restored to them, but Ypres, Condé, Valenciennes, and Tournay, in which consisted the chief strength of their frontier, were to remain with France.

Great murmurs arose in England when it was known that Flanders was to be left in so defenceless a condition. The chief complaints were levelled against the king, who, by his concurrence at first, by his favor afterwards, and by his delays at last, had raised the power of France to such an enormous height, that it threatened the general liberties of Europe. Charles, uneasy under these imputations, dreading the consequence of losing the affections of his subjects, and perhaps disgusted with the secret article proposed by France, began to wish heartily for war, which, he hoped, would have restored him to his ancient popularity.

An opportunity unexpectedly offered itself for his displaying these new dispositions. While the ministers at Nimeguen were concerting the terms of a general treaty, the marquis de Balbaces, the Spanish ambassador, asked the ambassadors of France at what time France intended to restore the six towns in Flanders. They made no difficulty in declaring, that the king, their master, being obliged to see an entire restitution made to the Swedes of all they had lost in the war, could not evacuate these towns till that crown had received satisfaction; and that this detention of places was the only means to induce the powers of the north to accept of the peace.

The states immediately gave the king intelligence of a pretension which might be attended with such dangerous consequences. The king was both surprised and angry. He immediately despatched Temple to concert with the states vigorous measures for opposing France. Temple in six days concluded a treaty, by which Lewis was obliged to declare, within sixteen days after the date, that he would presently evacuate the towns: and in case of his refusal, Holland was bound to continue the war, and England to declare immediately against France, in conjunction with the whole confederacy.

All these warlike measures were so ill seconded by the parliament, where even the French ministers were suspected, with reason,[*] of carrying on some intrigues, that the commons renewed their former jealousies against the king, and voted the army immediately to be disbanded.

* Sir John Dalrymple, in his Appendix, has given us, fromBarilton’s despatches in the secretary’s office at Paris, amore particular detail of these intrigues. They were carriedon with Lord Russel, Lord Hollis, Lord Berkshire, the duke ofBuckingham, Algernon Sydney, Montague, Bulstrode, ColonelTitus, Sir Edward Harley, Sir John Baber, Sir Roger Hill,Boscawen, Littleton, Powle, Harbord, Hambden, Sir ThomasArmstrong, Hotham, Herbert, and some others of less note. Ofthese Lord Russel and Lord Hollis alone refused to touch anyFrench money: all the others received presents or bribesfrom Barillon. But we are to remark, that the party views ofthese men, and their well-founded jealousies of the king andduke, engaged them, independently of the money, into thesame measures that were suggested to them by the Frenchambassador. The intrigues of France, therefore, with theparliament, were a mighty small engine in the politicalmachine. Those with the king, which have always been known,were of infinitely greater consequence. The sums distributedto all these men, excepting Montague, did not exceed sixteenthousand pounds in three years; and therefore could havelittle weight in the two houses, especially when opposed tothe influence of the crown. Accordingly we find, in allBarillon’s despatches, a great anxiety that the parliamentshould never be assembled. The conduct of these Englishpatriots was more mean than criminal; and Monsieur Courtensays, that two hundred thousand livres employed by theSpaniards and Germans, would have more influence than twomillions distributed by France. See Sir J. Dalrymple’s App.p. 111. It is amusing to observe the general, and I may saynational, rage excited by the late discovery of this secretnegotiation; chiefly on account of Algernon Sydney, whom theblind prejudices of party had exalted into a hero. Hisingratitude and breach of faith, in applying for the king’spardon, and immediately on his return entering into cabalsfor rebellion, form a conduct much more criminal than thetaking of French gold: yet the former circumstance wasalways known, and always disregarded. But every thingconnected with France is supposed, in England, to bepolluted beyond all possibility of expiation. Even LordRussel, whose conduct in this negotiation was only factious,and that in an ordinary degree, is imagined to be dishonoredby the same discovery.

The king by a message represented the danger of disarming before peace were finally concluded; and he recommended to their consideration, whether he could honorably recall his forces from those towns in Flanders which were put under his protection, and which had at present no other means of defence. The commons agreed to prolong the term with regard to these forces. Every thing, indeed, in Europe bore the appearance of war. France had positively declared, that she would not evacuate the six towns before the requisite cession was made to Sweden and her honor seemed now engaged to support that declaration. Spain and the empire, disgusted with the terms of peace imposed by Holland, saw with pleasure the prospect of a powerful support from the new resolutions of Charles. Holland itself, encouraged by the prince of Orange and his party, was not displeased to find that the war would be renewed on more equal terms. The allied army under that prince was approaching towards Mons, then blockaded by France. A considerable body of English, under the duke of Monmouth, was ready to join him.

Charles usually passed a great part of his time in the women’s apartments, particularly those of the duchess of Portsmouth; where, among other gay company, he often met with Barillon, the French ambassador, a man of polite conversation, who was admitted into all the amusements of that inglorious but agreeable monarch. It was the charms of this sauntering, easy life, which, during his later years, attached Charles to his mistresses. By the insinuations of Barillon and the duchess of Portsmouth, an order was, in an unguarded hour, procured, which instantly changed the face of affairs in Europe. One Du Cros, a French fugitive monk, was sent to Temple, directing him to apply to the Swedish ambassador, and persuade him not to insist on the conditions required by France, but to sacrifice to general peace those interests of Sweden. Du Cros, who had secretly received instructions from Barillon, published every where in Holland the commission with which he was intrusted; and all men took the alarm. It was concluded that Charles’s sudden alacrity for war was as suddenly extinguished, and that no steady measures could ever be taken with England. The king afterwards, when he saw Temple, treated this important matter in raillery; and said, laughing, that the rogue Du Cros had outwitted them all.

The negotiations, however, at Nimeguen still continued; and the French ambassadors spun out the time till the morning of the critical day, which, by the late treaty between England and Holland, was to determine whether a sudden peace or a long war were to have place in Christendom. The French ambassadors came then to Van Beverning, and told him that they had received orders to consent to the evacuation of the towns, and immediately to conclude and sign the peace. Van Boverning might have refused compliance, because it was now impossible to procure the consent and concurrence of Spain; but he had entertained so just an idea of the fluctuations in the English counsels, and was so much alarmed by the late commission given to Du Cros, that he deemed it fortunate for the republic to finish on any terms a dangerous war, where they were likely to be very ill supported. The papers were instantly drawn, and signed by the ministers of France and Holland between eleven and twelve o’clock at night. By this treaty, France secured the possession of Franche Compte, together with Cambray, Aire, St. Omers, Valenciennes, Tournay, Ypres, Bouchaine, Cassel, etc., and restored to Spain only Charleroi, Courtrai, Oudenard, Aeth, Ghent, and Limbourg.

Next day, Temple received an express from England, which brought the ratifications of the treaty lately concluded with the states, together with orders immediately to proceed to the exchange of them. Charles was now returned to his former inclinations for war with France.

Van Beverning was loudly exclaimed against by the ambassadors of the allies at Nimeguen, especially those of Brandenburg and Denmark, whose masters were obliged by the treaty to restore all their acquisitions. The ministers of Spain and the emperor were sullen and disgusted; and all men hoped that the states, importuned and encouraged by continual solicitations from England, would disavow their ambassador, and renew the war. The prince of Orange even took an extraordinary step, in order to engage them to that measure; or perhaps to give vent to his own spleen and resentment. The day after signing the peace at Nimeguen, he attacked the French army at St. Dennis, near Mons; and gained some advantage over Luxembourg, who rested secure on the faith of the treaty, and concluded the war to be finished. The prince knew, at least had reason to believe, that the peace was signed, though it had not been formally notified to him; and he here sacrificed wantonly, without a proper motive, the lives of many brave men on both sides, who fell in this sharp and well-contested action.

Hyde was sent over with a view of persuading the states to disavow Van Beverning; and the king promised that England, if she might depend on Holland, would immediately declare war, and would pursue it, till France were reduced to reasonable conditions. Charles at present went further than words. He hurried on the embarkation of his army for Flanders and all his preparations wore a hostile appearance. But the states had been too often deceived to trust him any longer. They ratified the treaty signed at Nimeguen; and all the other powers of Europe were at last, after much clamor and many disgusts, obliged to accept of the terms prescribed to them.

Lewis had now reached the height of that glory which ambition can afford. His ministers and negotiators appeared as much superior to those of all Europe in the cabinet, as his generals and armies had been experienced in the field. A successful war had been carried on against an alliance, composed of the greatest potentates in Europe. Considerable conquests had been made, and his territories enlarged on every side. An advantageous peace was at last concluded, where he had given the law. The allies were so enraged against each other, that they were not likely to cement soon in any new confederacy. And thus he had, during some years a real prospect of attaining the monarchy of Europe, and of exceeding the empire of Charlemagne, perhaps equalling that of ancient Rome. Had England continued much longer in the same condition, and under the same government, it is not easy to conceive that he could have failed of his purpose.

In proportion as these circumstances exalted the French, they excited indignation among the English, whose animosity, roused by terror, mounted to a great height against that rival nation. Instead of taking the lead in the affairs of Europe, Charles, they thought, had, contrary to his own honor and interest, acted a part entirely subservient to the common enemy; and in all his measures had either no project at all, or such as was highly criminal and dangerous. While Spain, Holland, the emperor, the princes of Germany, called aloud on England to lead them to victory and to liberty, and conspired to raise her to a station more glorious than she had ever before attained, her king, from mean, pecuniary motives, had secretly sold his alliance to Lewis, and was bribed into an interest contrary to that of his people. His active schemes in conjunction with France were highly pernicious; his neutrality was equally ignominious; and the jealous, refractory behavior of the parliament, though in itself dangerous, was the only remedy for so many greater ills, with which the public, from the misguided counsels of the king, was so nearly threatened. Such, were the dispositions of men’s minds at the conclusion of the peace of Nimeguen: and these dispositions naturally prepared the way for the events which followed.

We must now return to the affairs of Scotland, which we left in some disorder, after the suppression of the insurrection in 1666. The king, who at that time endeavored to render himself popular in England, adopted like measures in Scot-* land, and he intrusted the government into the hands chiefly of Tweddale and Sir Robert Murray, men of prudence and moderation. These ministers made it their principal object to compose the religious differences, which ran so high, and for which scarcely any modern nation but the Dutch had as yet found the proper remedy. As rigor and restraint had failed of success in Scotland, a scheme of comprehension was tried; by which it was intended to diminish greatly the authority of bishops, to abolish their negative voice in the ecclesiastical courts, and to leave them little more than the right of precedency among the Presbyters. But the Presbyterian zealots entertained great jealousy against this scheme. They remembered that, by such gradual steps, King James had endeavored to introduce Episcopacy. Should the ears and eyes of men be once reconciled to the name and habit of bishops, the whole power of the function, they dreaded, would soon follow: the least communication with unlawful and anti-Christian institutions they esteemed dangerous and criminal. “Touch not, taste not, handle not;” this cry went out amongst them: and the king’s ministers at last perceived, that they should prostitute the dignity of government, by making advances, to which the malecontents were determined not to correspond.

The next project adopted was that of indulgence. In prosecution of this scheme, the most popular of the expelled preachers, without requiring any terms of submission to the established religion, were settled in vacant churches; and small salaries of about twenty pounds a year were offered to the rest, till they should otherwise be provided for. These last refused the king’s bounty, which they considered as the wages of a criminal silence. Even the former soon repented their compliance. The people, who had been accustomed to hear them rail against their superiors, and preach to the times, as they termed it, deemed their sermons languid and spiritless when deprived of these ornaments. Their usual gifts, they thought, had left them, on account of their submission, which was stigmatized as Erastianism. They gave them the appellation, not of ministers of Christ, but of the king’s curates, as the clergy of the established church were commonly denominated the bishop’s curates. The preachers themselves returned in a little time to their former practices, by which they hoped to regain their former dominion over the minds of men. The conventicles multiplied daily in the west; the clergy of the established church were insulted; the laws were neglected; the Covenanters even met daily in arms at their places of worship; and though they usually dispersed themselves after divine service, yet the government took a just alarm at seeing men, who were so entirely governed by their seditious teachers, dare to set authority at defiance, and during a time of full peace to put themselves in a military posture.

There was here, it is apparent, in the political body, a disease dangerous and inveterate; and the government had tried every remedy but the true one to allay and correct it. An unlimited toleration, after sects have diffused themselves and are strongly rooted, is the only expedient which can allay their fervor, and make the civil union acquire a superiority above religious distinctions. But as the operations of this regimen are commonly gradual, and at first imperceptible, vulgar politicians are apt, for that reason, to have recourse to more hasty and more dangerous remedies. It is observable too, that these nonconformists in Scotland neither offered nor demanded toleration; but laid claim to an entire superiority, and to the exercise of extreme rigor against their adversaries. The covenant, which they idolized, was a persecuting, as well as a seditious band of confederacy; and the government, instead of treating them like madmen, who should be soothed, and flattered, and deceived into tranquillity, thought themselves entitled to a rigid obedience, and were too apt, from a mistaken policy, to retaliate upon the dissenters, who had erred from the spirit of enthusiasm.

Amidst these disturbances, a new parliament was assembled at Edinburgh;[*] and Lauderdale was sent down commissioner. The zealous Presbyterians, who were the chief patrons of liberty, were too obnoxious to resist, with any success, the measures of government; and in parliament the tide still ran strongly in favor of monarchy.

* October 19, 1669.

The commissioner had such influence as to get two acts passed, which were of great consequence to the ecclesiastical and civil liberties of the kingdom. By the one it was declared, that the settling of all things with regard to the external government of the church, was a right of the crown: that whatever related to ecclesiastical meetings, matters, and persons, was to be ordered according to such directions as the king should send to his privy council: and that these, being published by them should have the force of laws. The other act regarded the militia, which the king by his own authority had two years before established, instead of the army which was disbanded. By this act, the militia was settled, to the number of twenty-two thousand men, who were to be constantly armed and regularly disciplined. And it was further enacted, that these troops should be held in readiness to march into England, Ireland, or any part of the king’s dominions, for any cause in which his majesty’s authority, power, or greatness was concerned; on receiving orders, not from the king himself, but from the privy council of Scotland.

Lauderdale boasted extremely of his services in procuring these two laws. The king by the former was rendered absolute master of the church, and might legally, by his edict, reëstablish, if he thought proper, the Catholic religion in Scotland. By the latter, he saw a powerful force ready at his call: he had even the advantage of being able to disguise his orders under the name of the privy council; and in case of failure in his enterprises, could by such a pretence apologize for his conduct to the parliament of England. But in proportion as these laws were agreeable to the king, they gave alarm to the English commons, and were the chief cause of the redoubled attacks which they made upon Lauderdale. These attacks, however, served only to fortify him in his interest with the king; and though it is probable that the militia of Scotland, during the divided state of that kingdom, would, if matters had come to extremities, have been of little service against England, yet did Charles regard the credit of it as a considerable support to his authority: and Lauderdale, by degrees, became the prime, or rather sole, minister for Scotland. The natural indolence of the king disposed him to place entire confidence in a man who had so far extended the royal prerogative, and who was still disposed to render it absolutely uncontrollable.

In a subsequent session of the same parliament,[*] a severe law was enacted against conventicles.

* July 28, 1670.

Ruinous fines were imposed both on the preachers and hearers, even if the meetings had been in houses; but field conventicles were subjected to the penalty of death and confiscation of goods: four hundred marks Scotch were offered as a reward to those who should seize the criminals; and they were indemnified for any slaughter which they might commit in the execution of such an undertaking. And as it was found difficult to get evidence against these conventicles, however numerous, it was enacted by another law, that whoever, being required by the council, refused to give information upon oath, should be punished by arbitrary fines, by imprisonment, or by banishment to the plantations; Thus all persecution naturally, or rather necessarily, adopts the iniquities, as well as rigors, of the inquisition. What a considerable part of the society consider as their duty and honor, and even many of the opposite party are apt to regard with compassion and indulgence, can by no other expedient be subjected to such severe penalties as the natural sentiments of mankind appropriate only to the greatest crimes.

Though Lauderdale found this ready compliance in the parliament, a party was formed against him, of which Duke Hamilton was the head. This nobleman, with Tweddale and others, went to London, and applied to the king, who, during the present depression and insignificance of parliament, was alone able to correct the abuses of Lauderdale’s administration. But even their complaints to him might be dangerous; and all approaches of truth to the throne were barred by the ridiculous law against leasing-making; a law which seems to have been extorted by the ancient nobles, in order to protect their own tyranny, oppression, and injustice. Great precautions, therefore, were used by the Scottish malecontents in their representations to the king; but no redress was obtained. Charles loaded them with caresses, and continued Lauderdale in his authority.

A very bad, at least a severe use was made of this authority. The privy council dispossessed twelve gentlemen or noblemen of their houses;[*] which were converted into so many garrisons, established for the suppression of conventicles. The nation, it was pretended, was really, on account of these religious assemblies, in a state of war; and by the ancient law, the king, in such an emergence, was empowered to place a garrison in any house where he should judge it expedient.

* In 1675.

It were endless to recount every act of violence and arbitrary authority exercised during Lauderdale’s administration.

All the lawyers were put from the bar, nay, banished by the King’s order twelve miles from the capital, and by that means the whole justice of the kingdom was suspended for a year; till these lawyers were brought to declare it as their opinion, that all appeals to parliament were illegal. A letter was procured from the king, for expelling twelve of the chief magistrates of Edinburgh, and declaring them incapable of all public office; though their only crime had been their want of compliance with Lauderdale. The boroughs of Scotland have a privilege of meeting once a year by their deputies, in order to consider the state of trade, and make by-laws for its regulation: in this convention a petition was voted, complaining of some late acts which obstructed commerce; and praying the king, that he would empower his commissioner, in the next session of parliament, to give his assent for repealing them. For this presumption, as it was called, several of the members were fined and imprisoned. One More, a member of parliament, having moved in the house, that, in imitation of the English parliament, no bill should pass except after three readings, he was, for this pretended offence, immediately sent to prison by the commissioner.

The private deportment of Lauderdale was as insolent and provoking as his public administration was violent and tyrannical. Justice, likewise, was universally perverted by faction and interest: and from the great rapacity of that duke, and still more of his duchess, all offices and favors were openly put to sale. No one was allowed to approach the throne who was not dependent on him; and no remedy could be hoped for or obtained against his manifold oppressions. The case of Mitchel shows, that this minister was as much destitute of truth and honor as of lenity and justice.

Mitchel was a desperate fanatic, and had entertained a resolution of assassinating Sharpe, archbishop of St. Andrews, who, by his former apostasy and subsequent rigor, had rendered himself extremely odious to the Covenanters. In the year 1668, Mitchel fired a pistol at the primate, as he was sitting in his coach; but the bishop of Orkney, stepping into the coach, happened to stretch out his arm, which intercepted the ball, and was much shattered by it. This happened in the principal street of the city; but so generally was the archbishop hated, that the assassin was allowed peaceably to walk off; and having turned a street or two, and thrown off a wig which disguised him, he immediately appeared in public, and remained altogether unsuspected. Some years after, Sharpe remarked one who seemed to eye him very eagerly; and being still anxious lest an attempt of assassination should be renewed, he ordered the man to be seized and examined. Two loaded pistols were found upon him; and as he was now concluded to be the author of the former attempt, Sharpe promised that if he would confess his guilt, he should be dismissed without any punishment. Mitchel (for the conjecture was just) was so credulous as to believe him; but was immediately produced before the council by the faithless primate. The council, having no proof against him, but hoping to involve the whole body of Covenanters in this odious crime, solemnly renewed the promise of pardon, if he would make a full discovery; and it was a great disappointment to them, when they found, upon his confession, that only one person, who was now dead, had been acquainted with his bloody purpose. Mitchel was then carried before a court of judicature, and required to renew his confession; but being apprehensive, lest, though a pardon for life had been promised him, other corporal punishment might still be inflicted, he refused compliance; and was sent back to prison. He was next examined before the council, under pretence of his being concerned in the insurrection at Pentland; and though no proof appeared against him, he was put to the question, and, contrary to the most obvious principles of equity, was urged to accuse himself. He endured the torture with singular resolution, and continued obstinate in the denial of a crime, of which, it is believed, he really was not guilty. Instead of obtaining his liberty, he was sent to the Bass, a very high rock surrounded by the sea; at this time converted into a state prison, and full of the unhappy Covenanters, He there remained in great misery, loaded with irons, till the year 1677, when it was resolved, by some new examples, to strike a fresh terror into the persecuted but still obstinate enthusiasts. Mitchel was then brought before a court of judicature, and put upon his trial for an attempt to assassinate an archbishop and a privy counsellor. His former confession was pleaded against him, and was proved by the testimony of the duke of Lauderdale, lord commissioner, Lord Hatton his brother, the earl of Rothes, and the primate himself. Mitchel, besides maintaining that the privy council was no court of judicature, and that a confession before them was not judicial, asserted that he had been engaged to make that confession by a solemn promise of pardon. The four privy counsellors denied upon with that any such promise had ever been given. The prisoner then desired that the council books might be produced in court, and even offered a copy of that day’s proceedings to be read; but the privy counsellors maintained, that, after they had made oath, no further proof could be admitted, and that the books of council contained the king’s secrets, which were on no account to be divulged. They were not probably aware, when they swore, that the clerk having engrossed the promise of pardon in the narrative of Mitchel’s confession, the whole minute had been signed by the chancellor, and that the proofs of their perjury were by that means committed to record. Though the prisoner was condemned, Lauderdale was still inclined to pardon him; but the unrelenting primate rigorously insisted upon his execution, and said, that if assassins remained unpunished, his life must be exposed to perpetual danger. Mitchel was accordingly executed at Edinburgh, in January, 1678. Such a complication of cruelty and treachery shows the character of those ministers to whom the king at this time intrusted the government of Scotland.

Lauderdale’s administration, besides the iniquities arising from the violence of his temper, and the still greater iniquities inseparable from all projects of persecution, was attended with other circumstances which engaged him in severe and arbitrary measures. An absolute government was to be introduced, which on its commencement is often most rigorous; and tyranny was still obliged, for want of military power, to cover itself under an appearance of law; a situation which rendered it extremely awkward in its motions, and, by provoking opposition, extended the violence of its oppressions.

The rigors exercised against conventicles, instead of breaking the spirit of the fanatics, had tended only, as is usual, to render them more obstinate, to increase the fervor of then zeal, to link them more closely together, and to inflame them against the established hierarchy. The commonalty, almost every where in the south, particularly in the western counties frequented conventicles without reserve; and the gentry though they themselves commonly abstained from these illegal places of worship, connived at this irregularity in their inferiors. In order to interest the former on the side of the persecutors, a bond or contract was, by order of the privy council, tendered to the landlords in the west, by which they were to engage for the good behavior of their tenants; and in case any tenant frequented a conventicle, the landlord was to subject himself to the same fine as could by law be exacted from the delinquent. It was ridiculous to give sanction to laws by voluntary contracts: it was iniquitous to make one man answerable for the conduct of another: it was illegal to impose such hard conditions upon men who had nowise offended. For these reasons, the greater part of the gentry refused to sign these bonds; and Lauderdale, enraged at this opposition, endeavored to break their spirit by expedients which were still more unusual and more arbitrary.

The law enacted against conventicles had called them seminaries of rebellion. This expression, which was nothing but a flourish of rhetoric, Lauderdale and the privy council were willing to understand in a literal sense; and because the western counties abounded in conventicles, though otherwise in profound peace, they pretended that these counties were in a state of actual war and rebellion. They made therefore an agreement with some highland chieftains to call out their clans, to the number of eight thousand men: to these they joined the guards, and the militia of Angus; and they sent the whole to live at free quarters upon the lands of such as had refused the bonds illegally required of them. The obnoxious counties were the most populous and most industrious in Scotland. The Highlanders were the people the most disorderly and the least civilized. It is easy to imagine the havoc and destruction which ensued. A multitude, not accustomed to discipline, averse to the restraint of laws, trained up in rapine and violence, were let loose amidst those whom they were taught to regard as enemies to their prince and to their religion. Nothing escaped their ravenous hands: by menaces, by violence, and sometimes by tortures, men were obliged to discover their concealed wealth. Neither age, nor sex, nor innocence afforded protection; and the gentry, finding that even those who had been most compliant, and who had subscribed the bonds, were equally exposed to the rapacity of those barbarians, confirmed themselves still more in the resolution of refusing them. The voice of the nation was raised against this enormous outrage; and after two months’ free quarter, the highlanders were sent back to their hills, loaded with the spoils and execrations of the west.

Those who had been engaged to subscribe the bonds, could find no security but by turning out such tenants as they suspected of an inclination to conventicles, and thereby depopulating their estates. To increase the misery of these unhappy farmers, the council enacted, that none should be received any where, or allowed a habitation, who brought not a certificate of his conformity from the parish minister. That the obstinate and refractory might not escape further persecution, a new device was fallen upon. By the law of Scotland, any man who should go before a magistrate, and swear that he thought himself in danger from another, might obtain a writ of law-burrows, as it is called; by which the latter was bound, under the penalty of imprisonment and outlawry, to find security for his good behavior. Lauderdale entertained the absurd notion of making the king sue out writs of law-burrows against his subjects. On this pretence, the refusers of the bonds were summoned to appear before the council, and were required to bind themselves, under the penalty of two years’ rent, neither to frequent conventicles themselves, nor allow their family and tenants to be present at those unlawful assemblies. Thus chicanery was joined to tyranny; and the majesty of the king, instead of being exalted, was in reality prostituted; as if he were obliged to seek the same security which one neighbor might require of another.

It was an old law, but seldom executed, that a man who was accused of any crime, and did not appear in order to stand his trial, might be intercommuned, that is, he might be publicly outlawed; and whoever afterwards, either on account of business, relation, nay, charity, had the least intercourse with him, was subjected to the same penalties as could by law be inflicted on the criminal himself. Several writs of intercommuning were now issued against the hearers and preachers in conventicles; and by this severe and even absurd law, crimes and guilt went on multiplying in a geometrical proportion. Where laws themselves are so violent, it is no wonder that an administration should be tyrannical.

Lest the cry of an oppressed people should reach the throne, the council forbade, under severe penalties, all noblemen or gentlemen of landed property to leave the kingdom, a severe edict, especially where the sovereign himself resided in a foreign country. Notwithstanding this act of council, Cassilis first, afterwards Hamilton and Tweddale, went to London, and laid their complaints before the king. These violent proceedings of Lauderdale were opposite to the natural temper of Charles and he immediately issued orders for discontinuing the bonds and the writs of law-burrows. But as he was commonly little touched with what lay at a distance, he entertained not the proper indignation against those who had abused his authority: even while he retracted these oppressive measures, he was prevailed with to avow and praise them in a letter which he wrote to the privy council. This proof of confidence might fortify the hands of the ministry; but the king ran a manifest risk of losing the affections of his subjects, by not permitting even those who were desirous of it to distinguish between him and their oppressors.

It is reported[*] that Charles, after a full hearing of the debates concerning Scottish affairs, said, “I perceive that Lauderdale has been guilty of many bad things against the people of Scotland; but I cannot find that he has acted any thing contrary to my interest;” a sentiment unworthy of a sovereign.


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