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men could not long be constant to any band of political allies. He must not, however, be confounded with the vulgar crowd of renegades. For though, like them, he passed from side to side, his transition was always in the direction opposite to theirs. He had nothing in common with those who fly from extreme to extreme, and who regard the party which they have deserted with an animosity far exceeding that of consistent enemies. His place was between the hostile divisions of the community, and he never wandered far beyond the frontier of either. The party to which he at any moment belonged was the party which, at that moment, he liked least, because it was the party of which at that moment he had the nearest view. He was therefore always severe upon his vio lent associates, and was always in friendly relations with his moderate opponents. Every faction in the day of its insolent and vindictive triumph incurred his censure; and every faction, when vanquished and persecuted, found in him a protector. To his lasting honor it must be mentioned that he attempted to save those victims whose fate has left the deepest stain both on the Whig and on the Tory name.

He had greatly distinguished himself in opposition, and had thus drawn on himself the royal displeasure, which was indeed so strong, that he was not admitted into the council of thirty without much difficulty and long altercation. As soon, however, as he had obtained a footing at court, the charms of his manner and of his conversation made him a favorite. He was seriously alarmed by the violence of the public discontent. He thought that liberty was for the present safe, and that order and legitimate authority were in danger. He therefore, as was his fashion, joined himself to the weaker side. Perhaps his conversion was not wholly disinterested. For study and reflection, though they had emancipated him from many vulgar prejudices, had left him a slave to vulgar desires. Money he did not want; and there is no evidence that he ever obtained it by any means which, in that age, even severe censors considered as dishonorable; but rank and power had strong attractions for him. He pretended, indeed, that he considered titles and great offices as baits which could allure none but fools, that he hated business, pomp, and pageantry, and that his dearest wish was to escape from the bustle and glitter of Whitehall to the quiet woods which surrounded his ancient hall at Rufford: but his conduct was not a little at variance with his professions. In truth he wished. to command the

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respec. at once of courtiers and of philosophers, to be admired for attaining nigh dignities, and to be at the same time admired for despising them.

Sunderland was secretary of state. In this man the political immorality of his age was personified in the most lively manner. Nature had given him a keen understanding, a restless and mischievous temper, a cold heart, and an abject spirit. His mind had undergone a training by which all his vices had been nursed up to the rankest maturity. At his entrance into public life, he had passed several years in diplomatic posts abroad, and had been, during some time, minister in France. Every calling has its peculiar temptations. There is no injustice ir saying that diplomatists, as a class, have always been more distinguished by their address, by the art with which they win the confidence of those with whom they have to deal, and by the ease with which they catch the tone of every so ciety into which they are admitted, than by generous enthusi asm or austere rectitude; and the relations between Charles nd Lewis were such that no English nobleman could long reside in France as envoy, and retain any patriotic or honorable sentiment. Sunderland came forth from the bad school in which he had been brought up, cunning, supple, shameless, free from all prejudices, and destitute of all principles. He was, by hereditary connection, a Cavalier: but with the Cavaliers he had nothing in common. They were zealous for monarchy, and condemned in theory all resistance. Yet they had sturdy English hearts which would never have endured real despotism. He, on the contrary, had a languid speculative liking for republican institutions, which was compatible with perfect readiness to be in practice the most servile instrument of arbitrary power. Like many other accomplished flatterers and negotiators, he was far more skilful in the art of reading the characters, and practising on the weaknesses, of individuals, than in the art of discerning the feelings of great masses, and of foreseeing the approach of great revolutions. Ile was adroit in intrigue; and it was difficult even for shrewd and experienced men who had been amply forewarned of his perfidy to withstand the fascination of his manner, and to refuse credit to his professions of attachment. But he was so intent on observing and courting particular persons, that he forgot to study the temper of the nation. He therefore miscalculated grossly with respect to all the most momentous events of his time. Every important movement and rebound

of the public mind took him by surprise; and the world, una. ble to understand how so clever a man could be blind to what was clearly discerned by the politicians of the coffee-houses, sometimes attributed to deep design what were in truth mere blunders.

It was only in private conference that his eminent abilities displayed themselves. In the royal closet, or in a very small circle, he exercised great influence. But at the council board he was taciturn; and in the House of Lords he never opened his lips.

The four confidential advisers of the crown soon found that their position was embarrassing and invidious. The other members of the council murmured at a distinction inconsistent with the king's promises; and some of them, with Shaftesbury at their head, again betook themselves to strenuous opposition in parliament. The agitation, which had been suspended by the late changes, speedily became more violent than ever. It was in vain that Charles offered to grant to the Commons any security for the Protestant religion which they could devise, provided only that they would not touch the order of succes sion. They would hear of no compromise. They would have the Exclusion Bill, and nothing but the Exclusion Bill. The king, therefore, a few weeks after he had publicly promised to take no step without the advice of his new council, went down to the House of Lords without mentioning his intention in council, and prorogued the parliament.

The day of that prorogation, the twenty-sixth of May, 1679, is a great era in our history. For on that day the Habeas Corpus Act received the royal assent. From the time of the Great Charter, the substantive law respecting the personal liberty of Englishmen had been nearly the same as at present: but it had been inefficacious for want of a stringent system of procedure. What was needed was not a new right, but a prompt and searching remedy; and such a remedy the Habeas Corpus Act supplied. The king would gladly have refused his consent to that measure: but he was about to appeal from his parliament to his people on the question of the suc cession; and he could not venture, at so critical a moment, to reject a bill which was in the highest degree popular.

On the same day, the press of England became for a short time free. In old times printers had been strictly controlled by the Court of Star Chamber. The Long Parliament had abolished the Star Chamber, but had, in spite of the philosoph.

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ical and eloquent expostulation of Milton, established and maintained a censorship. Soon after the Restoration, an act nad been passed which prohibited the printing of unlicensed books; and it had been provided that this act should continue in force till the end of the first session of the next parliament. That moment had now arrived; and the king, in the very act of dismissing the Houses, emancipated the press.

Shortly after the prorogation came a dissolution and another general election. The zeal and strength of the opposition were at the height. The cry for the Exclusion Bill was louder than ever; and with this cry was mingled another cry, which fired the blood of the multitude, but which was heard with regret and alarm by all judicious friends of freedom. Not only the rights of the Duke of York, an avowed Papist, but those of his two daughters, sincere and zealous Protestants, were assailed. It was confidently affirmed that the eldest natural son of the king had been born in wedlock, and was lawful heir to the crown.

Charles, while a wanderer on the Continent, had fallen in at the Hague with Lucy Walters, a Welsh girl of great beauty, but of weak understanding and dissolute manners. She became his mistress, and presented him with a son. A suspi cious lover might have had his doubts; for the lady had several admirers, and was not supposed to be cruel to any. Charles, however, readily took her word, and poured forth on little James Crofts, as the boy was then called, an overflowing fondness, such as seemed hardly to belong to that easy, but cool and careless nature. Soon after the Restoration, the young favorite, who had learned in France the exercises then considered necessary to a fine gentleman, made his appearance at Whitehall. He was lodged in the palace, attended by pages, and permitted to enjoy several distinctions which had till then been confined to princes of the blood royal. He was married, while still in tender youth, to Anne Scott, heiress of the noble House of Buccleuch. He took her name, and received with her hand possession of her ample domains. The estate which he acquired by this match was popularly estimated at not less than ten thousand pounds a year. Titles, and favors more substantial than titles, were lavished on him. He was made Duke of Monmouth in England, Duke of Buccleuch in Scotland, a Knight of the Garter, Master of the Horse, Commander of the first troop of Life Guards, Chief Justice of Eyre south of Trent, and Chancellor of the Uni

versity of Cambridge. Nor did he appear to the public unworthy of his high fortunes. His countenance was eminently handsome and engaging, his temper sweet, his manners polite and affable. Though a libertine, he won the hearts of the Puritans. Though he was known to have been privy to the shameful attack on Sir John Coventry, he easily obtained the forgiveness of the country party. Even austere moralists owned that, in such a court, strict conjugal fidelity was scarcely to be expected from one who, while a child, had been married to another child. Even patriots were willing to excuse a headstrong boy for visiting with immoderate vengeance an insult offered to his father. And soon the stain left by loose amours and midnight brawls was effaced by honorable exploits. When Charles and Lewis united their forces against Holland, Monmouth commanded the English auxiliaries who were sent to the Continent, and approved himself a gallant soldier, and a not unintelligent officer. On his return, he found himself the most popular man in the kingdom. Nothing was withheld from him but the crown; nor did even the crown seem to be absolutely beyond his reach. The distinction which had most injudiciously been made between him and the highest nobles had produced evil consequences. When a boy, he had been invited to put on his hat in the presence chamber, while How. ards and Seymours stood uncovered round him. When for

eign princes died, he had mourned for them in the long purple cloak, which no other subject, except the Duke of York and Prince Rupert, was permitted to wear. It was natural that these things should lead him to regard himself as a legitimate prince of the House of Stuart. Charles, even at a ripe age, was devoted to his pleasures and regardless of his dignity. It could hardly be thought incredible that he should at twenty have gone through the form of espousing a lady whose beauty had fascinated him, and who was not to be won on easier terms. While Monmouth was still a child, and while the Duke of York still passed for a Protestant, it was rumored throughout the country, and even in circles which ought to have been well informed, that the king had made Lucy Walters his wife, and that, if every one had his right, her son would be Prince of Wales. Much was said of a certain black box, which, according to the vulgar belief, contained the contract of marriage. When Monmouth had returned from the Low Countries with a high character for valor and conduct, and when the Duke of York was known to be a member of a church detested by

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