upon, A writ of quo warranto was accordingly issued against the city: that is, an inquiry into the validity of a corporation charter, which is presumed to be defective, or to have been forfeited by some offence to be proved in the course of suit. And although the cause of the city was powerfully defended, and the offences pleaded against it of the most frivolous kind, judgment was given in faA. D. 1683. vour of the crown47. The aldermen and common-council, in humble supplication, waited upon the king; and Charles, who had now obtained his end, agreed to restore their charter, but on such terms as would put the proud capital entirely in his power. He reserved to himself the approbation of the principal magistrates; with this special proviso, that should his majesty twice disapprove of the lord mayor or sheriffs elected, he might, by his own commission, appoint others in their room.

Filled with consternation at the fate of London, and convinced how ineffectual a contest with the court would prove, most of the other corporations in England surrendered their charters into the king's hands, and paid large sums for such new ones as he was pleased to frame. By these means a fatal stab was given to the constitution. The nomination of all the civil magistrates, with the disposal of all offices of power or profit, in every corporation in the kingdom, was in a manner vested in the crown: and as more than threefourths of the house of commons are chosen by the boroughs, the court was made sure of an undisputed majority. A perfect despotism was established.

In such times, when it was become dangerous even to complain, resistance might be imprudent; but no attempt for the recovery of legal liberty could be criminal, in men who had been born free. A project of this kind had for some time been

47. Soon after the revolution, this judgment was reversed by act of parliament; and it was at the same time enacted, that the privileges of the city of London shall never be forfeited by any delinquency whatever in the members of the corporation. Stat. 2. W. & M.

entertained

entertained by a set of determined men, among whom were some of the heads of the country party, though various causes had hitherto prevented it from being brought to maturity; particularly the impeachment of the earl of Shaftesbury, the framer of the plot, and his unexpected departure for Holland, where he soon after died. But the zeal of the conspirators, which had begun to languish, was rekindled by the seizure of the corporation charters, and a regular plan for an insurrection was formed. This business was committed to a council of six; the members of which were, the duke of Monmouth, the king's natural son, lord Russell, son of the earl of Bedford, the earl of Essex, lord Howard, the famous Algernon Sidney, and John Hampden, grandson of the illustrious patriot of that name.

These men had concerted an insurrection in the city of London, where their influence was great; in Scotland, by an agreement with the earl of Argyle, who engaged to bring the covenanters into the field; and in the west of England, by the assistance of the friends of liberty in that quarter. They had even taken measures for surprising the king's guards, though without any design of hurting his person, the exclusion of the duke of York, and the redress of grievances which they had found could not be obtained in a parliamentary way, being all they proposed by rising in arms. Sidney and Essex, indeed, are said to have embraced the idea of a republic; but Russell and Hampden, the more moderate and popular conspirators, had no views but the restoration of the civil and religious liberties of the nation.

While these important objects were in contemplation, but before any blow had been struck, or even the time fixed for such a purpose, the patriotic conspirators were betrayed by one of their associates, named Rumsey. Lord Howard, a man of no principle, and in needy circumstances, also became evidence for the crown, in hopes of pardon and reward. Others of less note followed the infamous example. On their combined

VOL. IV.

U

combined evidence several of the conspirators were seized, condemned, and executed. Among these, the most distinguished were Russell and Sidney. Both died with the intrepidity of men who had resolved to hazard their lives in the field, in order to break the fetters of slavery, and rescue themselves and their fellow subjects from an ignominious despotism48. Monmouth, who had absconded, surrendered on a promise of pardon; Essex put an end to his life in the Tower: and sufficient proof not being found against Hampden to make his crime capital, he was loaded with an exorbitant fine; which, as it was beyond his ability to pay, was equivalent to the sentence of perpetual imprisonment49.

The defeating of this conspiracy, known by the name of the Rye-House Plot, contributed still farther to strengthen the hands of government, already too strong. The king was universally congratulated on his escape; new addresses were

48. Lord Grey's Hist. of the Rye House Plot. State Trials. vol. iii. Law, if not justice, was violated, in order to procure the condemnation of Sidney, whose talents the king feared. Russell's popularity proved no less fatal to him. He was universally adored by the nation, and therefore a necessary victim in such times. Charles accordingly resisted every attempt to save him; for he scorned, on his trial, to deny his share in the concerted insurrection. In vain did lady Russell, the daughter of the loyal and virtuous Southampton, throw herself at the royal feet, and crave mercy for her husband: in vain did the earl of Bedford offer an hundred thousand pounds, through the mediation of the all-prevailing duchess of Portsmouth, for the life of his son. The king was inexorable. And in order to put a stop to all farther importunity, he said, in reply to the earl of Dartmouth, one of his favourite courtiers, and lord Russell's declared enemy, but who yet advised a pardon-"I must have his life, or he will have mine!" (Dalrympie's Append. and Mem. part i.) "My death" said Russell, with a consolatory prescience, when he found his fate was inevitable, "will be of more "service to my country, than my life could have been !" Id. Ibid.

49. Burnet, vol. ii. The severity of Charles, in punishing these over-zealous friends of freedom, seems to have been intended to strike terror into the whole popular party; and unfortunately for the criminals, a conspiracy of an inferior kind, which aimed at the king's life, being discovered at the same time, afforded him too good a pretext for his rigour. The assassination plot was confounded, on all the trials, with that for an insurrection.

presented

presented to him; and the doctrine of implicit submission to the civil magistrate, or an unlimited passive obedience, was more openly taught. The heads of the university of Oxford, under pretence of condemning certain doctrines, which they denominated republican, went even so far as to pass a solemn decree in favour of absolute monarchy. The persecution was renewed against the protestant sectaries, and all the most zealous friends of freedom, who were prosecuted with the utmost severity. The perversion of justice was carried to a still greater excess by the court; and the duke of York was recalled from Scotland, and restored to the office of high-admiral, without taking the

test.

A. D. 1684.

This violation of an express act of parliament could not fail to give offence to the more discerning part of the nation; but the duke's arbitrary counsels, and the great favour and indulgence shewn to the catholics, through his influence, were more general causes of complaint. He indeed held entirely the reins of government, and left the king to pursue his favourite amusements; to loiter with his mistresses, and laugh with his courtiers. Hence the celebrated saying of Waller:-"The king is not only desirous that the duke "should succeed him, but is resolved, out of spite to his "parliament, to make him reign even in his life-time."

Apprehensive, however, of new conspiracies, or secretly struck with the iniquity of his administration, Charles is said seriously to have projected a change of measures. He was frequently overheard to remonstrate warmly with his brother; and on finding him obstinate in his violent counsels, he resolved once more to banish him the court, to call a parliament, and throw himself wholly on the affections of his people. While resolving this idea, he was seized with a fit, resembling an apoplexy; which, after an interval of reason, carried him off in the fifty-fifth year of his age, and not without suspicions of poison 50. These sus

50. Burnet, vol. ii.

A. D. 1685.

picions

picions fell not on the duke of York, but on some of the duchess of Portsmouth's roman catholic servants; who are supposed to have been worked upon by her confessor, to whom she had communicated the king's intentions, or by those her confessor had trusted with the secrets'.

The great lines of Charles's character I have already had occasion to delineate. As a prince, he was void of ambition, and destitute of a proper sense of his dignity, in relation to foreign politics. In regard to domestic politics, he was able and artful, but mean and disingenuous. As a husband he was unfaithful, and neglectful of the queen's person, as well as of the respect due to her character. As a gentleman and companion, he was elegant, easy, gay, and facetious; but having little sensibility of heart, and a very bad opinion of human nature, he appears to have been incapable of friendship or gratitude. As a lover, however, he was generous, and seemingly even affectionate. He recommended, with his latest breath, the duchess of Portsmouth, whom he had loaded with benefits, and her son, the duke of Richmond, to his brother: and he earnestly requested him not to let poor Nell starves!-This was Nell Gwyn, whom the king had formerly taken from the stage; and who, though no longer regarded as a mistress, had still served to amuse him in a vacant hour53. So warm an attachment, in his last moments, to the objects of an unlawful passion, has been regarded, by a great divine and popular historian, as a blemish in the character of Charles. But the philosopher judges differently; he is glad to find, that so profligate a prince was capable of any sincere attachment; and considers even this sympathy with the objects of sensuality, when the illusions of sense could no longer deceive, as an honour to his memory.

51. Id. Ibid.

52. Burnet, ubi sup.

53. It may seem somewhat unaccountable that Charles, after so long an acquaintance, should have left Nell in such a necessitous condition, as to be in danger of starving, But this request must only be considered as a solicitous expression of tenderness.

The