Chapter 11

"I had not," she says, "God is my witness, above twenty-five doubloons by me at my husband's death, to bring home a family of three score servants, but was forced to sell one thousand pounds' worth of our own plate, and to spend the Queen's present of two thousand doubloons in my journey to England, not owing nor leaving one shilling debt in Spain, I thank God; nor did my husband leave any debt at home, which every ambassador cannot say. Neither did these circumstances following prevail to mend my condition, much less found I that compassion I expected upon the view of myself, that had lost at once my husband, and fortune in him, with my son, but twelve months old, in my arms, four daughters, the eldest but thirteen years of age, with the body of my dear husband daily in my sight for near six months together, and a distressed family, all to be by me in honour and honesty provided for; and, to add to my afflictions, neither persons sent to conduct me, nor pass, nor ship, nor money to carry me one thousand miles, but some few letters of compliment from the chief ministers, bidding 'God help me!' as they do to beggars, and they might have added, 'they had nothing for me,' with great truth. But God did hear, and see, and help me, and brought my soul out of trouble; and, by his blessed providence, I and you live, move, andhave our being, and I humbly pray God that that blessed providence may ever relieve our wants, Amen."[201]

Lady Fanshawe was no coward, whatever her foes may have been. During a former voyage with her husband to Spain, when she had been married about six years, the vessel was attacked by a Turkish galley, on which occasion she has left the following touching account of her behaviour:—

"When we had just passed the straits, we saw coming towards us, with full sails, a Turkish galley well manned, and we believed we should be all carried away slaves, for this man had so laden his ship with goods from Spain, that his guns were useless, though the ship carried sixty guns; he called for brandy, and after he had well drunken, and all his men, which were near two hundred, he called for arms, and cleared the deck as well as he could, resolving to fight rather than lose his ship, which was worth thirty thousand pounds; this was sad for us passengers, but my husband bid us be sure to keep in the cabin, and not appear—the women—which would make the Turks think we were a man-of-war, but if they saw women they would take us for merchants and board us. He went upon the deck, and took a gun and bandoliers, and sword, and, with the rest of the ship's company, stood upon deck, expecting the arrival of the Turkish man-of-war. This beast, the captain, had locked me up in the cabin; I knocked and called long to no purpose, until at length the cabin-boy came and opened the door; I, all in tears, desired him to be so good as to give me his blue thrum cap he wore, and his tarred coat, which he did, and I gave him half-a-crown, and putting them on, and flinging away my night-clothes, I crept up softly, and stood upon the deck by my husband's side, as free from sickness and fear, as, I confess, from discretion; but it was the effect of that passion which I could never master."By this time the two vessels were engaged in parley, and so well satisfied with speech and sight of each other's forces, that the Turks' man-of-war tacked about, and we continued our course. But when your father saw it convenient to retreat, looking upon me, he blessed himself, and snatched me up in his arms, saying, 'Good God, that love can make this change!' and though he seemingly chid me, he would laugh at it as often as he remembered that voyage."

"By this time the two vessels were engaged in parley, and so well satisfied with speech and sight of each other's forces, that the Turks' man-of-war tacked about, and we continued our course. But when your father saw it convenient to retreat, looking upon me, he blessed himself, and snatched me up in his arms, saying, 'Good God, that love can make this change!' and though he seemingly chid me, he would laugh at it as often as he remembered that voyage."

We now come to an event, uniting the most touching circumstances of private life with the loftiest utility of public, and the benefits of which we are this day enjoying, perhaps in every one of our comforts. In this square, now possessed by inhabitants who can think and write as they please on all subjects, and the centre of which is adorned with roses and lilacs, was executed the celebrated patriot, Lord Russell. We should ill perform any part of the object of this work, if we did not dwell at some length upon a scene so interesting, and upon the circumstances that led to it.

Lord Russell (sometimes improperly called Lord William Russell, for he had succeeded to the courtesy-title by the decease of his elder brothers,) was son of William, Earl of Bedford, by Lady Ann Carr, daughter of Carr, Earl of Somerset; and he was beheaded in the year 1683, the last year but two of the reign of King Charles II., for an alleged conspiracy to seize the King's guards and put him to death. The conspiracy was called the Rye House Plot, but incorrectly as far as Lord Russell was concerned; for it is not proved that he ever heard of the house which occasioned the name; and he was condemned upon allegations which would have destroyed him, had no such place existed. The Rye House was a farm near Hoddesdon, in Hertfordshire, belonging to one of the alleged conspirators, and it had a bye-road near it through which Charles was accustomed to pass in returning from the races at Newmarket. It was said that the King was to have been assassinated in this road, but that a fire at Newmarket, which put the town into confusion, hastened his return to London before the conspirators had time to assemble.

Charles II., and his brother, the Duke of York, afterwards James II., in the prosecution of those designs against the liberty and religion of the state, which are now acknowledged by all historians, had lately succeeded in producing a strong re-action against the party opposed to them. This party, the Whigs, in their dread of arbitrary power and popery, had attempted with great pertinacity to exclude the Duke of York, an avowed papist, from the succession. They had indicted him as a popish recusant: they had listened, with too great credulity, to the story of a Popish Plot, for which several persons were executed: and while these strong measures were going forward, to which the general dread of popery encouraged them, they were inquiring into the King's illegal connections with France, and putting the last sting to his vexation by refusing him money. Charles's gambling and debaucheries kept him in a perpetual state of poverty. He was always endeavouring to raise money upon every shift he could devise, and misappropriating all he obtained, which completed the ingloriousness of his reign by rendering him a pensioner of France. He had a strong party of corruptionists in the House of Commons; but the public feeling against the Duke gave the elections a balance the other way; and the poor King was compelled, from time to time, to purchase what money he wanted, by the surrender of a popular right.

Driven thus from loss to loss, and not knowing where the diminution of his resources would end, Charles at length expressed himself willing to limit the powers of a Popish successor, though he would not consent to exclude him. The Whigs, strong in their vantage-ground, and backed by the voice of the country, rejected what they would formerly have agreed to, and insisted on the exclusion. And here the reaction commenced in Charles's favour. The Whigs had allied themselves to the dissenters, whose toleration they advocated in proportion as they opposed that of the Catholics. It was a contradiction natural enough at that time, when the remembrance of Protestant martyrdom was still lively, and the growth of philosophy had not neutralised the papal spirit, or, at least, was not yet understood to have done so; but by means of this alliance between the Whigs and Presbyterians Charles succeeded in awakening the fears of the orthodox. A secret treaty with the French King enabled him to reckon for a time on being able to dispense with the contributions of Parliament; and when the latter again pressed the exclusion bill, he dissolved them, with high complaints of their inveteracy against government, and artful insinuations of the favour they showed the dissenters. This declaration was read in all the churches and chapels, and produced the reaction he looked for. The Whig leaders, withdrawing into retirement, seemed to give up the contest for the present; but this was no signal to power to abstain from pursuing them. Charles, to secure himself a Parliament that should give him money without inquiry, and to indulge his brother in his love of revenge (not omitting a portion on his own account), set himself heartily about influencing the elections for a new House of Commons. The dissenters were persecuted all over the country; the Whig newspapers put down; one man, for his noisy zeal against Popery, put to death by means of the most infamous witnesses, who had sworn on the other side; and Shaftesbury's life was aimed at, but saved by the contrivances of the city authorities. The liberties of the city were then assailed, with but too great success, by means of judges placed on the bench for that purpose. Other corrupt law officers were brought into action; a servile lord-mayor was induced to force two sheriffs upon the city, in open defiance of law and a majority; in short, every obstacle was removed which accompanied the existence of properly constituted authorities, and of that late anti-popery spirit ofthe nation, which was now comparatively silent, for fear of being confounded with disaffection to the church.

For an account of what took place upon this corruption of church and bench, and neutralisation of the popular spirit, we shall now have recourse to the pages of the latest writer on the subject; who, though a descendant of Lord Russell, has stated it with a truth and moderation worthy of the best spirit of his ancestor. The narrative of the execution we shall take from an eye-witness, and intersperse such remarks as a diligent inquiry into the conduct and character of Lord Russell has suggested to our own love of truth.

"The election of the sheriffs," says our author, "seemed to complete the victory of the throne over the people. It was evident, from the past conduct of the court, that they would now select whom they pleased for condemnation."Lord Russell received the news with the regret which, in a person of his temper, it was most likely to produce. Lord Shaftesbury, on other hand, who was provoked at the apathy of his party, received with joy the news of the appointment of the sheriffs, thinking that his London friends, seeing their necks in danger, would join with him in raising an insurrection. He hoped at first to make use of the names of the Duke of Monmouth and Lord Russell, to catch the idle and unwary by the respect paid to their characters; but when he found them too cautious to compromise themselves, he endeavoured to ruin their credit with the citizens. He said that the Duke of Monmouth was a tool of the court; that Lord Essex had also made his bargain, and was to go to Ireland; and that, between them, Lord Russell was deceived. It is a strong testimony to the real worth of Lord Russell, that, when he made himself obnoxious, either to the court or to the more violent of his own party, the only charge they ever brought against him was, that of being deceived, either by a vain air of popularity or too great a confidence in his friends."Lord Shaftesbury, finding himself deserted, then attempted to raise an insurrection, by means of his own partisans in the city. The Duke of Monmouth, at various times, discouraged these attempts. On one of these occasions, he prevailed on Lord Russell, who had come to town on private affairs, to go with him to a meeting, at the house of Sheppard, a wine-merchant."Lord Shaftesbury, being concealed in the city at this time, did not dare to appear himself at this meeting, but sent two of his creatures, Rumsey and Ferguson. Lord Grey and Sir Thomas Armstrong were also there; but nothing was determined at this meeting."Soon after this, Lord Shaftesbury, finding he could not bring his friends to rise with the speed he wished, and being in fear of being discovered if he remained in London any longer, went over to Holland. He died in January, 1683."After Shaftesbury was gone, there were held meetings of his former creatures in the chambers of one West, an active, talking man, who had got the name of being an atheist. Colonel Rumsey, who hadserved under Cromwell, and afterwards in Portugal; Ferguson, who had a general propensity for plots; Goodenough, who had been under-sheriff; and one Holloway, of Bristol, were the chief persons at these meetings. Lord Howard was, at one time, among them. Their discourse seems to have extended itself to the worst species of treason and murder; but whether they had any concerted plan for assassinating the King is still a mystery. Amongst those who were sounded in this business was one Keeling, a vintner, sinking in business, to whom Goodenough often spoke of their designs. This man went to Legge, then made Lord Dartmouth, and discovered all he knew. Lord Dartmouth took him to Secretary Jenkins, who told him he could not proceed without more witnesses. It would also seem that some promises were made to him, for he said in a tavern, in the hearing of many persons, that 'he had considerable proffers made him of money, and a place worth 100l.or 80l.per annum, to do something for them;' and he afterwards obtained a place in the Victualling office, by means of Lord Halifax. The method he took of procuring another witness was, by taking his brother into the company of Goodenough, and afterwards persuading him to go and tell what he had heard at Whitehall."The substance of the information given by Josiah Keeling, in his first examination, was, that a plot had been formed for enlisting forty men, to intercept the King and Duke on their return from Newmarket, at a farm-house called Rye, belonging to one Rumbold, a maltster; that this plan being defeated by a fire at Newmarket, which caused the King's return sooner than was expected, the design of an insurrection was laid; and, as the means of carrying this project into effect, they said that Goodenough had spoken of 4,000 men and 20,000l.to be raised by the Duke of Monmouth and other great men. The following day, the two brothers made oath, that Goodenough had told them, that Lord Russell had promised to engage in the design, and to use all his interest to accomplish the killing of the King and the Duke. When the Council found that the Duke of Monmouth and Lord Russell were named, they wrote to the King to come to London, for they would not venture to go farther without his presence and leave. In the meantime, warrants were issued for the apprehension of several of the conspirators. Hearing of this, and having had private information from the brother of Keeling, they had a meeting, on the 18th of June, at Captain Walcot's lodging. At this meeting were present Walcot, Wade, Rumsey, Norton, the two Goodenoughs, Nelthrop, West, and Ferguson. Finding they had no means either of opposing the King or flying into Holland, they agreed to separate, and shift each man for himself."A proclamation was now issued for seizing on some who could not be found; and amongst these, Rumsey and West were named. The next day West delivered himself, and Rumsey came in a day after him. Their confessions, especially concerning the assassinations at the Rye-house, were very ample. Burnet says, they had concerted a story to be brought out on such an emergency."In this critical situation, Lord Russell, though perfectly sensible of his danger, acted with the greatest composure. He had long before told Mr. Johnson, that 'he was very sensible he should fall a sacrifice; arbitrary government could not be set up in England without wading through his blood.' The day before the King arrived, a messenger ofthe Council was sent to wait at his gate, to stop him if he had offered to go out; yet his back-gate was not watched, so that he might have gone away, if he had chosen it. He had heard that he was named by Rumsey; but forgetting the meeting at Sheppard's, he feared no danger from a man he had always disliked, and never trusted. Yet he thought proper to send his wife amongst his friends for advice. They were at first of different minds; but as he said he apprehended nothing from Rumsey, they agreed that his flight would look too like a confession of guilt. This advice coinciding with his own opinion, he determined to stay where he was. As soon as the King arrived, a messenger was sent to bring him before the Council. When he appeared there, the King told him, that nobody suspected him of any design against his person; but that he had good evidence of his being in designs against his government. He was examined upon the information of Rumsey, concerning the meeting at Sheppard's, to which Rumsey pretended to have carried a message, requiring a speedy resolution, and to have received for answer that Mr. Trenchard had failed them at Taunton. Lord Russell totally denied all knowledge of this message. When the examination was finished, Lord Russell was sent a close prisoner to the Tower. Upon his going in, he told his servant Taunton that he was sworn against, and they would have his life. Taunton said, he hoped it would not be in the power of his enemies to take it. Lord Russell answered, 'Yes; the devil is loose!'"From this moment he looked upon himself as a dying man, and turned his thoughts wholly upon another world. He read much in the Scriptures, particularly in the Psalms; but whilst he behaved with the serenity of a man prepared for death, his friends exhibited an honourable anxiety to preserve his life. Lord Essex would not leave his house, lest his absconding might incline a jury to give more credit to the evidence against Lord Russell. The Duke of Monmouth sent to let him know he would come in and run fortunes with him, if he thought it could do him any service. He answered, it would be of no advantage to him to have his friends die with him."A committee of the Privy Council came to examine him. Their inquiries related to the meeting at Sheppard's, the rising at Taunton, the seizing of the guards, and a design for a rising in Scotland. In answer to the questions put to him, he acknowledged he had been at Sheppard's house divers times, and that he went there with the Duke of Monmouth; but he denied all knowledge of any consultation tending to an insurrection, or to surprise the guards. He remembered no discourse concerning any rising in Taunton; and knew of no design for a rising in Scotland. He answered his examiners in a civil manner, but declined making any defence till his trial, when he had no doubt of being able to prove his innocence. The charge of treating with the Scots, as a thing the council were positively assured of, alarmed his friends; and Lady Russell desired Dr. Burnet to examine who it could be that had charged him; but upon inquiry, it appeared to be only an artifice to draw confession from him; and notwithstanding the power which the court possessed to obtain the condemnation of their enemies, by the perversion of law, the servility of judges, and the submission of juries, Lord Russell might still have contested his life with some prospect of success, had not a new circumstance occurred to cloud his declining prospects. This was theapprehension and confession of Lord Howard. At first, he had talked of the whole matter with scorn and contempt; and solemnly professed that he knew nothing which could hurt Lord Russell. The King himself said, he found Lord Howard was not amongst them, and he supposed it was for the same reason which some of themselves had given for not admitting Oates into their secrets, namely, that he was such a rogue they could not trust him. But when the news was brought to Lord Howard that West had delivered himself, Lord Russell, who was with him, observed him change colour, and asked him if he apprehended any thing from him? He replied that he had been as free with him as any man. Hampden saw him afterwards under great fears, and desired him to go out of the way, if he thought there was matter against him, and he had not strength of mind to meet the occasion. A warrant was now issued against him on the evidence of West, and he was taken, after a long search, concealed in a chimney of his own house. He immediately confessed all he knew and more."Hampden and Lord Russell were imprisoned upon Lord Howard's information; and, four days afterwards, Lord Russell was brought to trial: but, in order to possess the public mind with a sense of the blackness of the plot, Walcot, Hone, and Rouse were first brought to trial, and condemned upon the evidence of Keeling, Lee, and West, of a design to assassinate the King."[202]

"Lord Russell received the news with the regret which, in a person of his temper, it was most likely to produce. Lord Shaftesbury, on other hand, who was provoked at the apathy of his party, received with joy the news of the appointment of the sheriffs, thinking that his London friends, seeing their necks in danger, would join with him in raising an insurrection. He hoped at first to make use of the names of the Duke of Monmouth and Lord Russell, to catch the idle and unwary by the respect paid to their characters; but when he found them too cautious to compromise themselves, he endeavoured to ruin their credit with the citizens. He said that the Duke of Monmouth was a tool of the court; that Lord Essex had also made his bargain, and was to go to Ireland; and that, between them, Lord Russell was deceived. It is a strong testimony to the real worth of Lord Russell, that, when he made himself obnoxious, either to the court or to the more violent of his own party, the only charge they ever brought against him was, that of being deceived, either by a vain air of popularity or too great a confidence in his friends.

"Lord Shaftesbury, finding himself deserted, then attempted to raise an insurrection, by means of his own partisans in the city. The Duke of Monmouth, at various times, discouraged these attempts. On one of these occasions, he prevailed on Lord Russell, who had come to town on private affairs, to go with him to a meeting, at the house of Sheppard, a wine-merchant.

"Lord Shaftesbury, being concealed in the city at this time, did not dare to appear himself at this meeting, but sent two of his creatures, Rumsey and Ferguson. Lord Grey and Sir Thomas Armstrong were also there; but nothing was determined at this meeting.

"Soon after this, Lord Shaftesbury, finding he could not bring his friends to rise with the speed he wished, and being in fear of being discovered if he remained in London any longer, went over to Holland. He died in January, 1683.

"After Shaftesbury was gone, there were held meetings of his former creatures in the chambers of one West, an active, talking man, who had got the name of being an atheist. Colonel Rumsey, who hadserved under Cromwell, and afterwards in Portugal; Ferguson, who had a general propensity for plots; Goodenough, who had been under-sheriff; and one Holloway, of Bristol, were the chief persons at these meetings. Lord Howard was, at one time, among them. Their discourse seems to have extended itself to the worst species of treason and murder; but whether they had any concerted plan for assassinating the King is still a mystery. Amongst those who were sounded in this business was one Keeling, a vintner, sinking in business, to whom Goodenough often spoke of their designs. This man went to Legge, then made Lord Dartmouth, and discovered all he knew. Lord Dartmouth took him to Secretary Jenkins, who told him he could not proceed without more witnesses. It would also seem that some promises were made to him, for he said in a tavern, in the hearing of many persons, that 'he had considerable proffers made him of money, and a place worth 100l.or 80l.per annum, to do something for them;' and he afterwards obtained a place in the Victualling office, by means of Lord Halifax. The method he took of procuring another witness was, by taking his brother into the company of Goodenough, and afterwards persuading him to go and tell what he had heard at Whitehall.

"The substance of the information given by Josiah Keeling, in his first examination, was, that a plot had been formed for enlisting forty men, to intercept the King and Duke on their return from Newmarket, at a farm-house called Rye, belonging to one Rumbold, a maltster; that this plan being defeated by a fire at Newmarket, which caused the King's return sooner than was expected, the design of an insurrection was laid; and, as the means of carrying this project into effect, they said that Goodenough had spoken of 4,000 men and 20,000l.to be raised by the Duke of Monmouth and other great men. The following day, the two brothers made oath, that Goodenough had told them, that Lord Russell had promised to engage in the design, and to use all his interest to accomplish the killing of the King and the Duke. When the Council found that the Duke of Monmouth and Lord Russell were named, they wrote to the King to come to London, for they would not venture to go farther without his presence and leave. In the meantime, warrants were issued for the apprehension of several of the conspirators. Hearing of this, and having had private information from the brother of Keeling, they had a meeting, on the 18th of June, at Captain Walcot's lodging. At this meeting were present Walcot, Wade, Rumsey, Norton, the two Goodenoughs, Nelthrop, West, and Ferguson. Finding they had no means either of opposing the King or flying into Holland, they agreed to separate, and shift each man for himself.

"A proclamation was now issued for seizing on some who could not be found; and amongst these, Rumsey and West were named. The next day West delivered himself, and Rumsey came in a day after him. Their confessions, especially concerning the assassinations at the Rye-house, were very ample. Burnet says, they had concerted a story to be brought out on such an emergency.

"In this critical situation, Lord Russell, though perfectly sensible of his danger, acted with the greatest composure. He had long before told Mr. Johnson, that 'he was very sensible he should fall a sacrifice; arbitrary government could not be set up in England without wading through his blood.' The day before the King arrived, a messenger ofthe Council was sent to wait at his gate, to stop him if he had offered to go out; yet his back-gate was not watched, so that he might have gone away, if he had chosen it. He had heard that he was named by Rumsey; but forgetting the meeting at Sheppard's, he feared no danger from a man he had always disliked, and never trusted. Yet he thought proper to send his wife amongst his friends for advice. They were at first of different minds; but as he said he apprehended nothing from Rumsey, they agreed that his flight would look too like a confession of guilt. This advice coinciding with his own opinion, he determined to stay where he was. As soon as the King arrived, a messenger was sent to bring him before the Council. When he appeared there, the King told him, that nobody suspected him of any design against his person; but that he had good evidence of his being in designs against his government. He was examined upon the information of Rumsey, concerning the meeting at Sheppard's, to which Rumsey pretended to have carried a message, requiring a speedy resolution, and to have received for answer that Mr. Trenchard had failed them at Taunton. Lord Russell totally denied all knowledge of this message. When the examination was finished, Lord Russell was sent a close prisoner to the Tower. Upon his going in, he told his servant Taunton that he was sworn against, and they would have his life. Taunton said, he hoped it would not be in the power of his enemies to take it. Lord Russell answered, 'Yes; the devil is loose!'

"From this moment he looked upon himself as a dying man, and turned his thoughts wholly upon another world. He read much in the Scriptures, particularly in the Psalms; but whilst he behaved with the serenity of a man prepared for death, his friends exhibited an honourable anxiety to preserve his life. Lord Essex would not leave his house, lest his absconding might incline a jury to give more credit to the evidence against Lord Russell. The Duke of Monmouth sent to let him know he would come in and run fortunes with him, if he thought it could do him any service. He answered, it would be of no advantage to him to have his friends die with him.

"A committee of the Privy Council came to examine him. Their inquiries related to the meeting at Sheppard's, the rising at Taunton, the seizing of the guards, and a design for a rising in Scotland. In answer to the questions put to him, he acknowledged he had been at Sheppard's house divers times, and that he went there with the Duke of Monmouth; but he denied all knowledge of any consultation tending to an insurrection, or to surprise the guards. He remembered no discourse concerning any rising in Taunton; and knew of no design for a rising in Scotland. He answered his examiners in a civil manner, but declined making any defence till his trial, when he had no doubt of being able to prove his innocence. The charge of treating with the Scots, as a thing the council were positively assured of, alarmed his friends; and Lady Russell desired Dr. Burnet to examine who it could be that had charged him; but upon inquiry, it appeared to be only an artifice to draw confession from him; and notwithstanding the power which the court possessed to obtain the condemnation of their enemies, by the perversion of law, the servility of judges, and the submission of juries, Lord Russell might still have contested his life with some prospect of success, had not a new circumstance occurred to cloud his declining prospects. This was theapprehension and confession of Lord Howard. At first, he had talked of the whole matter with scorn and contempt; and solemnly professed that he knew nothing which could hurt Lord Russell. The King himself said, he found Lord Howard was not amongst them, and he supposed it was for the same reason which some of themselves had given for not admitting Oates into their secrets, namely, that he was such a rogue they could not trust him. But when the news was brought to Lord Howard that West had delivered himself, Lord Russell, who was with him, observed him change colour, and asked him if he apprehended any thing from him? He replied that he had been as free with him as any man. Hampden saw him afterwards under great fears, and desired him to go out of the way, if he thought there was matter against him, and he had not strength of mind to meet the occasion. A warrant was now issued against him on the evidence of West, and he was taken, after a long search, concealed in a chimney of his own house. He immediately confessed all he knew and more.

"Hampden and Lord Russell were imprisoned upon Lord Howard's information; and, four days afterwards, Lord Russell was brought to trial: but, in order to possess the public mind with a sense of the blackness of the plot, Walcot, Hone, and Rouse were first brought to trial, and condemned upon the evidence of Keeling, Lee, and West, of a design to assassinate the King."[202]

It is not necessary to enter at large into the trial. We shall give the main points of it, on which sentence was founded; but when it is considered that the bench had lately had an accession of accommodating judges; that Jeffries was one of the counsel for the prosecution; that the jury, illegally returned, were not allowed to be challenged; that the witnesses were perjured, contradicted themselves, and swore to save their lives; that one of them (Lord Howard) was a man of such infamous character, that the King said, "he would not hang the worst dog he had, upon his evidence;" that nevertheless the testimonies of the most honourable men against him were not held to injure his evidence, and that a crowd of them in Lord Russell's favour were of as little avail in giving the prisoner the benefit of a totally different reputation, it will be allowed, that our pages need not be occupied with details, which in fact had nothing to do with his condemnation.

The ground on which Lord Russell was sentenced to death was, that he had violated the law in conspiring the death of the King. He argued, that granting the charge to be true (which he denied), it was not that of conspiring the death ofthe King, but "a conspiracy to levy war;" that this was not treason within the statute (which it was not); and that if it had been, a statute of Charles II. made the accusation null and void, because the time had expired to which the operation of it was limited. The lawyers, who in fact had been compelled by their imperfect enactment to lay the charge on the ground of conspiring the King's death, had so worded the statute of Charles, that, like the oracles of old, it was capable of a double construction. But not to observe that the prisoner ought to have had the benefit of the doubt (and it has been generally thought that the statute was clearly the other way), they could never get rid of the necessity of assuming that the King's death was intended; whereas, nothing can be more plain, not only from their own enactments, but from all history, that an insurrection, though against a King himself, may have no such object; so that here was a man to be sacrificed to thespiritof the law (which by its very nature should have saved him,) while the court, in this and a thousand other instances, was violating the letter of it.

"Of the Rye House Plot," says Mr. Fox, "it may be said, much more truly than of the Popish, that there was in it some truth, mixed with much falsehood. It seems probable, that there was among some of the accused a notion of assassinating the King; but whether this notion was ever ripened into what may be called a design, and much more, whether it were ever evinced by such an overt act as the law requires for conviction, is very doubtful. In regard to the conspirators of higher ranks, from whom all suspicion of participation in the intended assassination has been long since done away, there is unquestionable reason to believe that they had often met and consulted, as well for the purpose of ascertaining the means they actually possessed, as for that of devising others, for delivering their country from the dreadful servitude into which it had fallen; and thus far their conduct appears clearly to have been laudable. If they went further, and did anything which could be really construed into an actual conspiracy to levy war against the King, they acted, considering the disposition of the nation at that time, very indiscreetly. But whether their proceedings had ever gone this length, is far from certain. Monmouth's communications with the King, when we reflect on all the circumstances of those communications, deserve not the smallest attention; nor, indeed, if they did, does the letter which he afterwards withdrew prove anything upon this point. And it is an outrage to common-sense to call Lord Grey's narrative, written as he himself states in his letter to James II., while the question of his pardon was pending, an authentic account. That which is most certain in this affair is, that they had committed no overt act, indicating the imagining the King's death, even according to the most strained construction of the statute of Edward III.; much less was any such act legally proved against them. And the conspiracy to levy war wasnot treason, except by a recent statute of Charles II., the prosecutions upon which were expressly limited to a certain time, which in these cases had elapsed; so that it is impossible not to assent to the opinion of those who have ever stigmatised the condemnation and execution of Russell as a most flagrant violation of law and justice."[203]

The truth respecting Lord Russell seems to be, that he was a man of the highest character and the best intentions, who suffered himself, not very discreetly, to listen to projects which he disapproved, in the hope of seeing better ones substituted. There can be no doubt that he wished to make changes in an illegal government, short of interfering with the King's possession of the throne. He had a right, by law, to endeavour it. He had openly shown himself anxious to do so; and the doubt can be as little, that the Duke of York, from that moment marked him out for his revenge. Russell implied as much in the paper he gave the sheriff; showing, indeed, such a strong sense of it, as (considering the truly Christian style of the paper in general) is very affecting. It has been justly said of him, that he was a man rather eminent for his virtues than his talents. We cannot help thinking that the paucity of words, to which he repeatedly alludes himself, and which was very evident during his trial, did him serious injury, both then and before. We mean, that if he had had a greater confidence, he might have advocated his cause to very solid advantage, perhaps to his entire acquittal. It is touching to observe, in the account of his behaviour after sentence, how the excitement of the occasion loosened his tongue, and inspired him with some turns of thought, more lively, perhaps, than he had been accustomed to. His character has been respectfully treated by all parties since theRevolution, and his death lamented. A startling charge, however, was brought against him and Sidney, in consequence of the discovery of a set of papers belonging to Barillon, the French Ambassador of that time, in which Sidney's name appears set down for five hundred pounds of secret service money from the French Government, and Russell is described as having interviews with Barillon's agent, Rouvigny, tending to prevent a war disagreeable both to Louis and the English patriots. The vague allusions of some modern writers, together with an unsupported assertion of Ralph Montague, the intriguing English Ambassador in France, that money was to be distributed in Parliament "by means of William Russell, and other discontented people," have tended to lump together in the public mind the two charges occasioned by these documents. But they are quite distinct. Lord Russell had nothing to do with the money-list, in which the name of Sidney appears. The amount of the matter is this. Charles II. was always pretending to go to war with France, chiefly to get money for his debaucheries, and partly to raise an army which he might turn against the constitution. The nation, in their hatred of Louis's anti-protestant bigotry, and their old and less warrantable propensity to fight with those whom they publicly considered as their natural enemies (a delusion, we trust, now going by), were always in a state to be deceived by Charles on this point; and the patriots were as regularly perplexed how to agree to the wishes of the King and people, knowing as they did, the former's insincerity, loth to give him more money to squander, and yet anxious to show their dislike of an arbitrary neighbour, and afraid of his being in collision with their prince. Their greatest fear, however, was upon this last point: it was very strong at the juncture in question; and therefore, when Louis gave them to understand, through his agent, that he himself was desirous of avoiding a war, Russell certainly does appear to have allowed the agent to talk with him on the subject, and to have expressed a willingness to influence the votes of Parliament accordingly. There was a further understanding that Louis was to complete the mutual favour, by assisting to obtain a dissolution of Parliament, in case the peace should continue; for the patriots expected very different things from a dissolution at that time (1678), than what it produced afterwards. Russell's noble biographer justly observes, that for the truth of these statements we are to trust Rouvigny's report, coming through the hands ofBarillon: but granting them to be true, he thinks there was nothing criminal in the intercourse. He observes, that, in the first place, Russell was Rouvigny's kinsman by marriage, being first cousin to his wife, which accounts for the commencement of the intercourse; and, secondly,

"The imminent danger," he says, "which threatened us from the conduct of France abetting the designs of Charles, cannot, at this day, be properly estimated. At the very time when Parliament was giving money for a war, Lord Danby was writing, by his master's order, to beg for money as the price of peace. We shall presently see, that five days after the House of Commons had passed the act for a supply, Lord Danby wrote to Paris, that Charles expected six millions yearly from France. Had Louis been sincere in the project of making Charles absolute, there can be no doubt that it might have been easily accomplished. Was not this sufficient to justify the popular party in attempting to turn the battery the other way? The question was not, whether to admit foreign interference, but whether to direct foreign interference, already admitted, to a good object. The conduct of Lord Russell, therefore, was not criminal; but it would be difficult to acquit him of the charge of imprudence. The object of Louis must have been, by giving hopes to each party in turn, to obtain the command of both. Charles, on the other hand, was ready to debase himself to the lowest point, to maintain his alliance with France; any suspicion, therefore, of a connection between Louis and the popular party would have rendered him more and more dependent; till the liberties of England might at last have been set up to auction at Versailles."[204]

This is impartial. But surely an imprudence so extremely dangerous, and an intercourse on any terms with an envoy's agent, the nature of which it must have been necessary to conceal, partook of a disingenuousness and selfwill that cannot be held innocent. That Lord Russell had the best intentions is granted; but his principles were specially opposed by the doctrine of "doing evil, that good might come;" and if it be argued that good men are sometimes defeated in their intentions by not imitating the less scrupulous conduct of evil ones, it is to be replied, that there is no end of the re-actions consequent on such imitations, nor any bounds, on the other hand, to be put to the good consequences of a perfect example, even should its very perfection retard them. Good causes are not lost for want of passion and energy, but for that defect of faith and openness, which is the worst destroyer of both, and the loss of which is the worst hazard produced by a defect of example. We should be surprised that the patriots, while they were about it, did not denounce Charles's anti-constitutional behaviour more than they did, and openly demand theirrights as a matter of course; but it is easy to account for it upon the supposition that they were hampered with court connections, and not sure of one another.

The worst thing to be said of Lord Russell (for as to the letters he wrote for pardon, they must be considered as obtained from him by his friends and a tender wife) is, that when Lord Stafford, the victim of a plot charged on the papists, was sentenced to death, Russell opposed the King's privilege of dispensing with a barbarous part of the execution; so unworthy the rest of their character can men be rendered by party feeling, and so little do they foresee what they may themselves require in a day of adversity. When Charles II. was applied to on the same point in behalf of Lord Russell, he is reported to have said, "Lord Russell shall find I am possessed of that prerogative, which in the case of Lord Stafford he thought fit to deny me." The sarcasm (if made—for there is no real authority for it) was cruel; but it is not to be denied, that Lord Stafford, a man old and feeble, whose protestations of innocence called forth tears from the spectators when he was on the scaffold, might have thought Russell's conduct equally so. Let us congratulate ourselves, that the fiery trials which men of all parties have gone through, have enabled us to benefit by their experience, to be grateful for what was noble in them, and to learn (with modesty) how to avoid what was infirm.

Lord Russell, besides the general regard of posterity, has left two glorious testimonies to his honour—his behaviour in his last days, and the inextinguishable grief of one of the best of women. The latter, the celebrated Lady Rachael Russell, the daughter of Charles's best servant, Southampton, threw herself at the King's feet, "and pleaded," says Hume, "with many tears, the merit and loyalty of her father, as an atonement for those errors into which honest, however mistaken, principles had seduced her husband. These supplications were the last instance of female weakness (if they deserve the name) which she betrayed. Finding all applications vain, she collected courage, and not only fortified herself against the fatal blow, but endeavoured by her example to strengthen the resolution of her unfortunate lord."[205]

Echard says, that Charles refused her a reprieve of six weeks. If so, he probably feared some desperate attempt in Russell's favour; which, in fact, was proposed, as we shallsee; and it is possible, that remembering what had happened to Charles I., and conscious of his own deserts, he might really have thought that Lord Russell would willingly have seen him put to death; for Rapin tells us that he said, in answer to Lady Rachael, "How can I grant that man six weeks, who, if it had been in his power, would not have granted me six hours?"[206]And Lord Dartmouth in his notes upon Burnet, tells us that when his (Dartmouth's) father represented to the King the obligations which a pardon would lay upon a great family, and the regard that was due to Southampton's daughter and her children, the King answered, "All that is true; but it is as true, that if I do not take his life, he will soon have mine;" "which," says Dartmouth, "would admit of no reply."[207]Some, however, have said, that the King would have granted Russell his life, if he had not been afraid of his brother, the Duke of York; and as an instance of what was thought of the characters of these two princes, whether the story is true or not, it was added, that Charles did not like to hear any discourses about the pardon, because he could not grant it; whereas James would hear anything, though he resolved to grant nothing.

Every other effort was made to save the life of Russell.

"Money," says Burnet, "was offered to the Lady Portsmouth, and to all that had credit, and that without measure. He was pressed to send petitions and submissions to the King and to the Duke; but he left it to his friends to consider how far these might go, and how they were to be worded. All that he was brought to was, to offer to live beyond sea, in any place that the King should name; and never to meddle any more in English affairs. But all was in vain. Both King and Duke were fixed in their resolutions; but with this difference, as Lord Rochester afterwards told me, that the Duke suffered some, among whom he was one, to argue the point with him, but the King could not bear the discourse. Some said, that the Duke moved that he might be executed in Southampton Square before his own house, but that the King rejected that as indecent. So Lincoln's Inn Fields was appointed for the place of his execution."[208]

As a last resource Lord Cavendish offered to attack the coach on either side with a troop of horse, and take his friend out of it; but Russell would not consent to bring any one into jeopardy on his behalf.

It has been said that Lincoln's Inn Fields was chosen, in order that the people might witness the triumph of the Court,in seeing him led through the city; but others have reasonably observed upon this, that as he was to be taken from Newgate, the desire of making him a spectacle to the citizens would have been better gratified by his being carried to the old place of execution, the Tower. It is most probable, that Lincoln's Inn Fields was selected, as being the nearest feasible spot to the great town property of the Bedford family; Bloomsbury lying opposite, and Covent garden on one side.

The following is the letter addressed to the King by Russell's father, followed by that of Russell himself, which Burnet has mentioned as being drawn from him by his friends.

"To the King's most Excellent Majesty."The humble petition of William, Earl of Bedford:"Humbly sheweth;"That could your petitioner have been admitted into your presence, he would have laid himself at your royal feet, in behalf of his unfortunate son, himself, and his distressed and disconsolate family, to implore your royal mercy, which he never had the presumption to think could be obtained by any indirect means. But shall think himself, wife, and children, much happier to be left but with bread and water, than to lose his dear son for so foul a crime as treason against the best of princes; for whose life he ever did, and ever shall pray, more than for his own."May God incline your Majesty's heart to the prayers of an afflicted old father, and not bring grey hairs with sorrow to my grave."Bedford.""To the King's most Excellent Majesty."The humble petition of William Russell:"Most humbly sheweth;"That your petitioner does once more cast himself at your Majesty's feet, and implores, with all humility, your mercy and pardon, still avowing that he never had the least thought against your Majesty's life, nor any design to change the government; but humbly and sorrowfully confesses his having been present at those meetings, which he is convinced were unlawful, and justly provoking to your Majesty; but being betrayed by ignorance and inadvertence, he did not decline them as he ought to have done, for which he is truly and heartily sorry; and, therefore, humbly offers himself to your Majesty, to be determined to live in any part of the world which you shall appoint, and never to meddle any more in the affairs of England, but as your Majesty shall be pleased to command me."May it therefore please your Majesty to extend your royal favour and mercy to your petitioner, by which he will be for ever engaged to pray for your Majesty, and to devote his life to your service."William Russell."

"To the King's most Excellent Majesty.

"The humble petition of William, Earl of Bedford:"Humbly sheweth;

"That could your petitioner have been admitted into your presence, he would have laid himself at your royal feet, in behalf of his unfortunate son, himself, and his distressed and disconsolate family, to implore your royal mercy, which he never had the presumption to think could be obtained by any indirect means. But shall think himself, wife, and children, much happier to be left but with bread and water, than to lose his dear son for so foul a crime as treason against the best of princes; for whose life he ever did, and ever shall pray, more than for his own.

"May God incline your Majesty's heart to the prayers of an afflicted old father, and not bring grey hairs with sorrow to my grave.

"Bedford."

"To the King's most Excellent Majesty.

"The humble petition of William Russell:"Most humbly sheweth;

"That your petitioner does once more cast himself at your Majesty's feet, and implores, with all humility, your mercy and pardon, still avowing that he never had the least thought against your Majesty's life, nor any design to change the government; but humbly and sorrowfully confesses his having been present at those meetings, which he is convinced were unlawful, and justly provoking to your Majesty; but being betrayed by ignorance and inadvertence, he did not decline them as he ought to have done, for which he is truly and heartily sorry; and, therefore, humbly offers himself to your Majesty, to be determined to live in any part of the world which you shall appoint, and never to meddle any more in the affairs of England, but as your Majesty shall be pleased to command me.

"May it therefore please your Majesty to extend your royal favour and mercy to your petitioner, by which he will be for ever engaged to pray for your Majesty, and to devote his life to your service.

"William Russell."

The third is to the Duke of York. It is certainly to be regretted, that these letters were drawn from a patriot, willing, there is no doubt, to have endured all extremitieswithout compromising the dignity of conscious right: but the reader will bear in mind what has been said of them; and we shall see presently what the writer said of the present one.

"May it please your Highness;"The opposition I have appeared in to your Highness's interest has been such, as I have scarce the confidence to be a petitioner to you, though in order to the saving of my life. Sir, God knows what I did did not proceed from any personal ill-will, or animosity to your royal Highness, but merely because I was of opinion, that it was the best way for observing the religion established by law, in which, if I was mistaken, yet I acted sincerely, without any ill end in it. And as for any base design against your person, I hope your Royal Highness will be so just to me as not to think me capable of so vile a thought. But I am now resolved, and do faithfully engage myself, that if it shall please the King to pardon me, and if your Royal Highness will interpose in it, I will in no sort meddle any more, but will be readily determined to live in any part of the world which his Majesty shall prescribe, and will never fail in my daily prayers, both for his Majesty's preservation and honour, and your Royal Highness's happiness, and will wholly withdraw myself from the affairs of England, unless called by his Majesty's orders to serve him, which I shall never be wanting to do, to the uttermost of my power. And if your Royal Highness will be so gracious to me, as to move on my account, as it will be an engagement upon me, beyond what I can in reason expect, so it will make the deepest impressions on me possible; for no fear of death can work so much with me, as so great an obligation will for ever do upon me. May it please your Royal Highness, your Royal Highness's most humble and most obedient servant,"W. Russell.""Newgate, July 16th, 1683."

"May it please your Highness;

"The opposition I have appeared in to your Highness's interest has been such, as I have scarce the confidence to be a petitioner to you, though in order to the saving of my life. Sir, God knows what I did did not proceed from any personal ill-will, or animosity to your royal Highness, but merely because I was of opinion, that it was the best way for observing the religion established by law, in which, if I was mistaken, yet I acted sincerely, without any ill end in it. And as for any base design against your person, I hope your Royal Highness will be so just to me as not to think me capable of so vile a thought. But I am now resolved, and do faithfully engage myself, that if it shall please the King to pardon me, and if your Royal Highness will interpose in it, I will in no sort meddle any more, but will be readily determined to live in any part of the world which his Majesty shall prescribe, and will never fail in my daily prayers, both for his Majesty's preservation and honour, and your Royal Highness's happiness, and will wholly withdraw myself from the affairs of England, unless called by his Majesty's orders to serve him, which I shall never be wanting to do, to the uttermost of my power. And if your Royal Highness will be so gracious to me, as to move on my account, as it will be an engagement upon me, beyond what I can in reason expect, so it will make the deepest impressions on me possible; for no fear of death can work so much with me, as so great an obligation will for ever do upon me. May it please your Royal Highness, your Royal Highness's most humble and most obedient servant,

"W. Russell."

"Newgate, July 16th, 1683."

Burnet says of this last letter, which he tells us was written at the "earnest solicitations" of Lady Rachael, that as Russell was folding it up, he said to him, "This will be printed, and will be selling about the streets as my submission, when I am led out to be hanged."

All efforts failed, and the patriot and husband composed himself to die. The touching particulars of his last days we shall extract from the account of his friend Bishop Burnet. It is one that, as it contains no disputed points, may be safely relied on; and indeed, if we had not wished to show how interested we are in the case of this advancer of public right, and how anxious to spare no proper trouble for our readers, we might safely have copied the whole case from the lively pages of that historian, whose writings, whatever may have been his faults of partizanship and complexion, have risen in value, in proportion as documents come to light. A greatmodern statesman, equally qualified to judge of it, both as a politician and a man, alludes with interesting emotion to Burnet's account of his last hours. Speaking of the dying behaviour of Russell and Sidney, he says, "In courage they are equal, but the fortitude of Russell, who was connected with the world by private and domestic ties, which Sidney was not, was put to the severer trial; and the story of the last days of this excellent man's life fills the mind with such a mixture of tenderness and admiration, that I know not any scene in history that more powerfully excites our sympathy, or goes more directly to the heart."[209]

"The last week of his life," says Burnet, "he was shut up all the morning as he himself desired. And about noon I came to him, and staid with him till night. All the while he expressed a very Christian temper, without sharpness or resentment, vanity or affectation. His whole behaviour looked like a triumph over death. Upon some occasions, as at table, or when his friends came to see him, he was decently cheerful. I was by him when the sheriffs came to show him the warrant for his execution. He read it with indifference; and when they were gone he told me it was not decent to be merry with such a matter, otherwise he was near telling Rich (who, though he was now on the other side, yet had been a member of the House of Commons, and had voted for the exclusion), that they should never sit together in that house any more to vote for the bill of exclusion. The day before his death he fell a bleeding at the nose; upon that he said to me pleasantly, I shall not now let blood to divert this: that will be done to-morrow. At night it rained hard, and he said, such a rain to-morrow will spoil a great show, which was a dull thing in a rainy day. He said, the sins of his youth lay heavy upon his mind; but he hoped God had forgiven them, for he was sure he had forsaken them, and for many years he had walked before God with a sincere heart. If in his public actings he had committed errors, they were only the errors of his understanding; for he had no private ends, nor ill designs of his own in them; he was still of opinion that the King was limited by law, and that when he broke through those limits, his subjects might defend themselves and restrain him. He thought a violent death was a very desirable way of ending one's life; it was only the being exposed to be a little gazed at, and to suffer the pain of one minute, which, he was confident, was not equal to the pain of drawing a tooth. He said he felt none of those transports that some good people felt; but he had a full calm in his mind, no palpitation at heart, nor trembling at the thoughts of death. He was much concerned at the cloud that seemed to be now over his country; but he hoped his death would do more service than his life could have done."This was the substance of the discourse between him and me. Tillotson was oft with him that last week. We thought the party had gone too quick in their consultations, and too far; and that resistance in the condition we were then in was not lawful. He said hehad leisure to enter into discourses of politics; but he thought a government limited by law was only a name, if the subjects might not maintain those limitations by force; otherwise all was at the discretion of the Prince: that was contrary to all the notions he had lived in of our government.[210]But, he said, there was nothing among them but the embryos of things that were never like to have any effect, and they were now quite dissolved. He thought it was necessary for him to leave a paper behind him at his death: and, because he had not been accustomed to draw such papers, he desired me to give him a scheme of the heads fit to be spoken to, and of the order in which they should be laid; which I did. And he was three days employed for some time in the morning to write out his speech. He ordered four copies to be made of it, all which he signed; and gave the original with three of the copies to his lady, and kept the other to give to the sheriffs on the scaffold. He writ it with great ease, and the passages that were tender he writ in papers apart, and showed them to his lady and to myself, before he writ them out fair. He was very easy when this was ended. He also writ a letter to the King, in which he asked pardon for every thing he had said or done contrary to his duty, protesting he was innocent as to all designs against his person or government, and that his heart was ever devoted to that which he thought was his Majesty's true interest. He added that, though he thought he had met with hard measures, yet he forgave all concerned in it, from the highest to the lowest; and ended, hoping that his Majesty's displeasure at him would cease with his own life, and that no part of it should fall on his wife and children. The day before his death he received the sacrament from Tillotson with much devotion: and I preached two short sermons to him, which he heard with great affection; and we were shut up till towards the evening. Then he suffered his children that were very young, and some few of his friends, to take leave of him; in which he maintained his constancy of temper, though he was a very fond father. He also parted from his lady with a composed silence; and as soon as she was gone, he said to me, 'The bitterness of death is passed;' for he loved and esteemed her beyond expression, as she well deserved it in all respects. She had the command of herself so much that at parting she gave him no disturbance. He went into his chamber about midnight, and I stayed all night in the outward room. He went not to bed till about two in the morning, and was fast asleep at four, when, according to his order, we called him. He was quickly dressed, but would lose no time in shaving, for, he said, he was not concerned in his good looks that day.""Lord Russell," continues Burnet, "seemed to have some satisfaction to find that there was no truth in the whole contrivance of the Rye Plot; so that he hoped that infamy, which now blasted their party, would soon go off. He went into his chamber six or seven times in the morning, and prayed by himself, and then came out to Tillotson and me; he drank a little tea and some sherry. He wound up his watch, and said, now he had done with time, and was going toeternity. He asked what he should give the executioner: I told him ten guineas: he said, with a smile, it was a pretty thing to give a fee to have his head cut off. When the sheriffs called him about ten o'clock, Lord Cavendish was waiting below to take leave of him. They embraced very tenderly. Lord Russell, after he had left him, upon a sudden thought came back to him, and pressed him earnestly to apply himself more to religion, and told him what great comfort and support he felt from it now in his extremity. Lord Cavendish had very generously offered to manage his escape, and to stay in prison for him while he should go away in his clothes; but he would not hearken to the motion. The Duke of Monmouth had also sent me word to let him know, that if he thought it could do him any service, he would come in and run fortunes with him. He answered, it would be of no advantage to him to have his friends die with him. Tillotson and I went in the coach with him to the place of execution. Some of the crowd that filled the streets wept, while others insulted; he was touched by the tenderness that the one gave him, but did not seem at all provoked by the other. He was singing psalms a great part of the way, and said, he hoped to sing better very soon.[211]As he observed the great crowds of people all the way, he said to us, 'I hope I shall quickly see a much better assembly.' When he came to the scaffold, he walked about it four or five times. Then he turned to the sheriffs, and delivered his paper. He protested that he had always been far from any designs against the King's life or government. He prayed God would preserve both, and the Protestant religion. He wished all Protestants might love one another, and not make way for Popery by their animosities."

"This was the substance of the discourse between him and me. Tillotson was oft with him that last week. We thought the party had gone too quick in their consultations, and too far; and that resistance in the condition we were then in was not lawful. He said hehad leisure to enter into discourses of politics; but he thought a government limited by law was only a name, if the subjects might not maintain those limitations by force; otherwise all was at the discretion of the Prince: that was contrary to all the notions he had lived in of our government.[210]But, he said, there was nothing among them but the embryos of things that were never like to have any effect, and they were now quite dissolved. He thought it was necessary for him to leave a paper behind him at his death: and, because he had not been accustomed to draw such papers, he desired me to give him a scheme of the heads fit to be spoken to, and of the order in which they should be laid; which I did. And he was three days employed for some time in the morning to write out his speech. He ordered four copies to be made of it, all which he signed; and gave the original with three of the copies to his lady, and kept the other to give to the sheriffs on the scaffold. He writ it with great ease, and the passages that were tender he writ in papers apart, and showed them to his lady and to myself, before he writ them out fair. He was very easy when this was ended. He also writ a letter to the King, in which he asked pardon for every thing he had said or done contrary to his duty, protesting he was innocent as to all designs against his person or government, and that his heart was ever devoted to that which he thought was his Majesty's true interest. He added that, though he thought he had met with hard measures, yet he forgave all concerned in it, from the highest to the lowest; and ended, hoping that his Majesty's displeasure at him would cease with his own life, and that no part of it should fall on his wife and children. The day before his death he received the sacrament from Tillotson with much devotion: and I preached two short sermons to him, which he heard with great affection; and we were shut up till towards the evening. Then he suffered his children that were very young, and some few of his friends, to take leave of him; in which he maintained his constancy of temper, though he was a very fond father. He also parted from his lady with a composed silence; and as soon as she was gone, he said to me, 'The bitterness of death is passed;' for he loved and esteemed her beyond expression, as she well deserved it in all respects. She had the command of herself so much that at parting she gave him no disturbance. He went into his chamber about midnight, and I stayed all night in the outward room. He went not to bed till about two in the morning, and was fast asleep at four, when, according to his order, we called him. He was quickly dressed, but would lose no time in shaving, for, he said, he was not concerned in his good looks that day."

"Lord Russell," continues Burnet, "seemed to have some satisfaction to find that there was no truth in the whole contrivance of the Rye Plot; so that he hoped that infamy, which now blasted their party, would soon go off. He went into his chamber six or seven times in the morning, and prayed by himself, and then came out to Tillotson and me; he drank a little tea and some sherry. He wound up his watch, and said, now he had done with time, and was going toeternity. He asked what he should give the executioner: I told him ten guineas: he said, with a smile, it was a pretty thing to give a fee to have his head cut off. When the sheriffs called him about ten o'clock, Lord Cavendish was waiting below to take leave of him. They embraced very tenderly. Lord Russell, after he had left him, upon a sudden thought came back to him, and pressed him earnestly to apply himself more to religion, and told him what great comfort and support he felt from it now in his extremity. Lord Cavendish had very generously offered to manage his escape, and to stay in prison for him while he should go away in his clothes; but he would not hearken to the motion. The Duke of Monmouth had also sent me word to let him know, that if he thought it could do him any service, he would come in and run fortunes with him. He answered, it would be of no advantage to him to have his friends die with him. Tillotson and I went in the coach with him to the place of execution. Some of the crowd that filled the streets wept, while others insulted; he was touched by the tenderness that the one gave him, but did not seem at all provoked by the other. He was singing psalms a great part of the way, and said, he hoped to sing better very soon.[211]As he observed the great crowds of people all the way, he said to us, 'I hope I shall quickly see a much better assembly.' When he came to the scaffold, he walked about it four or five times. Then he turned to the sheriffs, and delivered his paper. He protested that he had always been far from any designs against the King's life or government. He prayed God would preserve both, and the Protestant religion. He wished all Protestants might love one another, and not make way for Popery by their animosities."

Of the paper given by Russell to the sheriffs, Burnet has given the following honest abridgment. This testament to patriotism made a great sensation. To posterity, who have so benefited by its spirit, it is surely still of great interest.

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