CHAP. XI. BLACK BOX. ELECTION OF SHERIFFS. DUKE OF LORD RUSSELL LEAVES THE COUNCIL. MEETING OF PARLIAMENT. ABHORRING ADDRESSES. EXCLUSION BILL. LORD RUSSELL SECONDS A MOTION FOR BRINGING IN THE REASONS IN FAVOUR OF IT. DEBATES IN THE COMMONS. THE BILL PASSES THROUGH A COMMITTEE. MESSAGE FROM THE CROWN. - EXCLUSION BILL PASSED BY THE HOUSE OF COMMONS, AND CARRIED UP BY LORD RUSSELL TO THE HOUSE OF LORDS. IT IS THROWN OUT. OBSERVATIONS OF MR. FOX. THE HE King had agreed upon the pressing instances of the Duke, that he would recall him from Scotland as soon as Parliament was prorogued; and the 26th January was no sooner passed, than he Jan. 28. declared his resolution in Council. Three days afterwards, 1680. Lord Russell, Lord Cavendish, Mr. Powle, and Mr. Lyttleton, "distasted at the late prorogation," says Sir W. Temple, "as well as at the manner of it, and pretending to despair of being able to serve the King any longer, in a conduct of affairs so disagreeable to the general humour of the people," asked His Majesty's permission to leave the Council. The King replied, "With all my heart." A rumour was spread with great industry at this time, which probably owed its origin to Lord Shaftesbury. It was said that a black box was in the possession of Sir Gilbert Gerrard, containing a contract of marriage between the King and Lucy Walters, mother of the Duke of Monmouth. Sir Gilbert Gerrard, when examined before the Council, denied any knowledge of such a box, and the King soon after published a declaration that he never was married to Mrs. Barlow, alias Walters, nor to any other woman but the Queen. A great contest, attended with much confusion, took place on the election of the sheriffs. Bethel, a presbyterian and republican, who has been severely lashed by the pen of Dryden, and Cornish, a warm friend of liberty, were elected by a great majority. These sheriffs have been accused by North of perverting the course of justice, by making out the lists of juries themselves, instead of leaving that business to the under sheriff, as before; and by using this power to make juries consist entirely of their own friends. This charge, I fear, cannot be disproved. The Whig party seems now to have been determined to break with the Duke of York beyond the possibility of return. On the 16th of June, Lord Shaftesbury came to the grand jury at Westminster, accompanied by several Lords and Commoners, and indicted the Duke as a popish recusant. The bill was attested by himself, Lord Huntingdon, Lord Russell, Lord Cavendish, Lord Grey, Lord Brandon Gerrard, and many Commoners, amongst whom occur the names of John Trenchard, and Thomas Thynne, Esqrs. The chief justice fearing the consequences of this step, dismissed the grand jury before they had finished their presentments. But though the proceeding went no further in Westminster Hall, it had a very general effect on the minds of the people, and contributed to excite the passions of the different parties in the nation. * It seems also to have produced great impression on the minds of those whose support was most essential to the Duke. Not only Lord Essex, and Lord Halifax, but Lord Sunderland, and Mr. Godolphin, convinced that a party which could take so bold a step must have a deep foundation in the country, advised that James should go out of England. What made the Duke's absence especially necessary at this period, was the approaching meeting of Parliament. For the treaty with France, before-mentioned, having been broken off upon the refusal of Hyde and Sunderland to agree to the unjust conditions proposed by the French ambassador †, the want of money obliged the King to meet his Parliament. Previous to their assembling, he called a Council, in which his brother's + Dal. App. 242. Temple. R absence was proposed. The debate was violent, and the majority of the Council appeared to be in favour of the Duke; but the King, supported by Halifax, Essex, Sunderland, and Godolphin, decided the question against him. Mr. Seymour said at the Council Board, that those who voted so readily for the Duke's going away, would vote as readily for the King's leaving the kingdom, if the people wished it. Mr. Godolphin replied, "If the Duke does not go now, he must go in a fortnight, and the King with him." Charles appears on this occasion to have been quite convinced of the necessity of his brother's absence. In this extremity, the Duke saw himself utterly abandoned. He in vain endeavoured to persuade the King to rely upon his troops, and establish his authority by force of arms. * He could only complain to the King that the Crown had not been made independent of Parliament at the Restoration, and that the precedent of the impeachment of Lord Clarendon had made ministers more anxious to court an interest in the House of Commons than to pursue that of their princes. † He told Barillon, that some of the Lords in the Tower had been in the secret of all that had been designed, and he did not understand how his brother should wish to drive all the Catholics to despair. ‡ Before he went he asked for a pardon, that he might be secure from impeachment. But this also was refused, and all he could obtain was * Dal. 265. + The following sentences form a part of his remonstrance to the King, as he himself records it. "Had that opportunity been prudently managed which the Restoration afforded, the Crown might have had such a revenue settled upon it, as would have answered all its expenses, and so cut the ground from under the Republicans' feet, who have (had) no other to stand on when they invaded the throne. But the most fatal blow the King gave himself, was when he sought aid from the Commons to destroy the Earl of Clarendon; by that he put that House again (in possession) of their impeaching privilege, which had been wrested out of their hands by the Restoration; and when ministers found they were like to be left to the censure of the Parliament, it made them have a greater attention to court an interest there, than to pursue that of their princes, from whom they hoped not for so sure a support." Life of James, Vol. II. page 492. + Dal. 270. a promise from the King that he would dissolve the Parliament should they proceed to extremities against him. He at length embarked for Scotland, menacing revenge against his enemies, and assuring Barillon that he was eternally attached to the King of France. He even revolved in his mind the scheme of heading a rebellion in Scotland and Ireland, should his brother consent to the requests of his Parlia ment.* In the month of August this year, the Duke of Monmouth made the progress in the west which has been celebrated by Dryden. He first visited Mr. Thynne, at Longleat, and from thence proceeded, from one friend's house to another, to Exeter. He was received every where with joyful acclamations, and at Exeter a band of near a thousand young men, dressed in linen waistcoats and drawers, came out to meet him. He seems to have been at this time set up by Shaftesbury, and countenanced by the Whigs as a Pretender to the throne, with more confidence than ever. But besides the illegitimacy of his birth, he wanted the qualities fit for a leader. He was deficient in resolution, without which no man can make a figure in public life. His chief attraction with the people was the beauty of his countenance, and the grace of his manner. † *. Dal. 270. + Whate'er he did was done with so much ease, In him alone 'twas natural to please ; His motions all accompanied with grace, And paradise was opened in his face. With secret joy indulgent David viewed His youthful image in his son renewed. a Notwithstanding the last line, it has by many been supposed that he was the son of Robert Sydney, commonly called handsome Sydney. Mr. Evelyn says he resembled Sydney much more than the King. And if the biographer of James speaks truth, the circumstance is easily accounted for. Speaking of Monmouth's mother, he says, that after having been in treaty with Algernon Sydney for fifty broad pieces," as he himself related the story to his R. H." she lived with his brother Robert in Holland, and the latter is said to have hinted that she was with child by him, when she left him for the King. • Evelyn's Mem. Vol. I. p. 567. Life of James, Vol. I. p. 491. 66 The Parliament met on the 21st October, 1680. The King's Speech began with informing the Houses of the new alliance with Spain, which he assured himself could not fail of being grateful to Parliament, and to attain the end he had in view, "if our divisions, at "home do not render our friendship less considerable abroad. To "prevent these as much as may be, I think fit to renew to you all "the assurances which can be desired, that nothing shall be wanting on my part to give you the fullest satisfaction your hearts can wish "for the security of the Protestant religion; which I am fully re"solved to maintain against all the conspiracies of our enemies, and "to concur with you in any new remedies which shall be proposed, "that may consist with preserving the succession of the Crown its "due and legal descent." The Speech went on to recommend a farther examination of the plot, and a speedy trial of the Lords in the Tower. The King then demanded succours for Tangiers, and concluded by earnest exhortations to union amongst themselves, Mr. Williams was chosen Speaker. 66 On the 26th October Dangerfield was brought to the Bar, and gave an account of the meal-tub plot. After this, which is represented as a piece of tactics used to impress the House with an idea that the plot was still in vigour amongst the Catholics, Lord Russell rose and said, "Mr. Speaker-Sir, seeing by God's providence, and his Majesty's favour, we are here assembled to consult and advise about the great affairs of the kingdom, I humbly conceive it will become us "to begin first with that which is of most consequence to our King "and country, and to take into consideration how to save the main, “before we spend any time about particulars. Sir, I am of opinion "that the life of our King, the safety of our country and Protestant 66 66 religion, are in great danger from Popery, and that either this "Parliament must suppress the power and growth of Popery, or "else that Popery will soon destroy, not only Parliament, but all "that is near and dear to us. And, therefore, I humbly move that we may resolve to take into consideration, in the first place, how "to suppress Popery, and to prevent a Popish successor; without 66 |