a fact which was not, and could not be, in evidence. But it was not in the power of Jeffreys to overawe a synod of peers as he had been in the habit of overawing common juries. The evidence for the crown would probably have been thought amply sufficient on the Western Circuit or at the City Sessions, but could not for a moment impose on such men as Rochester, Godolphin, and Churchill; nor were they, with all their faults, depraved enough to condemn a fellow creature to death against the plainest rules of justice. Grey, Wade, and Goodenough were produced, but could only repeat what they had heard said by Monmouth and by Wildman's emissaries. The principal witness for the prosecution, a miscreant named Saxton, who had been. concerned in the rebellion, and was now labouring to earn his pardon by swearing against all who were obnoxious to the government, was proved by overwhelming evidence to have told a series of falsehoods. All the Triers, from Churchill, who, as junior baron, spoke first, up to the Treasurer, pronounced, on their honour, that Delamere was not guilty.. The gravity and pomp of the whole proceeding made a deep impression even on the Nuncio, accustomed as he was to the ceremonies of Rome, ceremonies which, in solemnity and splendour, exceed all that the rest of the world can show.* The King, who was present, and was unable to complain of a decision evidently just, went into a rage with Saxton, and vowed that the wretch should first. be pilloried before Westminster Hall for perjury, and then sent down to the West to be hanged, drawn, and quartered for treason.†

The public joy at the acquittal of Delamere was great. The reign. of terror was over. The innocent began to breathe freely, and false accusers to tremble. One letter written on this occasion is scarcely to be read without tears. The widow of Russell, in her retirement, learned the good news with mingled feelings. "I do bless God," she wrote, "that he has caused some stop to be put to the shedding of blood in this poor land. Yet when I should rejoice with them that do rejoice, I seek a corner to weep in, I find I am capable of no more gladness; but every new circumstance, the very comparing my night of sorrow after such a day, with theirs of joy, does, from a reflection of one kind or another, rack my uneasy mind. Though I am far from wishing the close of theirs like mine, yet I cannot refrain giving some time to lament mine was not like theirs."‡

And now the tide was on the turn. The death of Stafford, witnessed with signs of tenderness and remorse by the populace to whose rage he was sacrificed, marks the close of one proscription.

The

* Fu una funzione piena di gravità, di ordine, e di gran speciosità. Adda, Jan. 15 (25), 1686.

The Trial is in the Collection of State Trials. Leeuwen, Jan. 15 (25), 19 (29), 1686. Lady Russell to Dr. Fitzwilliam, Jan. 15, 1686.

acquittal of Delamere marks the close of another. The crimes which had disgraced the stormy tribuneship of Shaftesbury had been fearfully expiated. The blood of innocent Papists had been avenged more than tenfold by the blood of zealous Protestants. Another great reaction had commenced. Factions were fast taking new forms. Old allies were separating, Old enemies were uniting. Discontent was spreading fast through all the ranks of the party lately dominant. A hope, still indeed faint and indefinite, of victory and revenge, animated the party which had lately seemed to be extinct. Amidst such circumstances the eventful and troubled year 1685 terminated, and the year 1686 began.

The prorogation had relieved the King from the gentle remonstrances of the Houses: but he had still to listen to remonstrances, similar in effect, though uttered in a tone even more cautious and subdued. Some men who had hitherto served him but too strenuously for their own fame and for the public welfare had begun to feel painful misgivings, and occasionally ventured to hint a small part of what they felt.

During many years the zeal of the English Tory for hereditary monarchy and his zeal for the established religion had grown up together and had strengthened each other. It had never occurred to him that the two sentiments, which seemed inseparable and even identical, might one day be found to be not only distinct but incompatible. From the commencement of the strife between the Stuarts and the Commons, the cause of the crown and the cause of the hierarchy had, to all appearance, been one. Charles the First was regarded by the Church as her martyr. If Charles the Second had plotted against her, he had plotted in secret. In public he had ever professed himself her grateful and devoted son, had knelt at her altars, and, in spite of his loose morals, had succeeded in persuading the great body of her adherents that he felt a sincere preference for her. Whatever conflicts, therefore, the honest Cavalier might have had to maintain against Whigs and Roundheads, he had at least been hitherto undisturbed by conflict in his own mind. He had seen the path of duty plain before him. Through good and evil he was to be true to Church and King. But, if those two august and venerable powers, which had hitherto seemed to be so closely connected that those who were true to one could not be false to the other, should be divided by a deadly enmity, what course was the orthodox Royalist to take? What situation could be more trying than that in which he would be placed, distracted between two duties equally sacred, between two affections equally ardent? How was he to give to Cæsar all that was Cæsar's, and yet to withhold from God no part of what was God's? None who felt thus could have watched, without deep concern and gloomy forebodings, the dispute between the King and the Parliament on the

subject of the test. If James could even now be induced to reconsider his course, to let the Houses reassemble, and to comply with their wishes, all might yet be well.

Such were the sentiments of the King's two kinsmen, the Earls of Clarendon and Rochester. The power and favour of these noblemen seemed to be great indeed. The younger brother was Lord Treasurer and prime minister; and the elder, after holding the Privy Seal during some months, had been appointed Lord Lieutenant of Ireland. The venerable Ormond took the same side. Middleton and Preston, who, as managers of the House of Commons, had recently learned by proof how dear the established religion was to the loyal gentry of England, were also for moderate counsels.

At the very beginning of the new year these statesmen and the great party which they represented had to suffer a cruel mortification. That the late King had been at heart a Roman Catholic had been, during some months, suspected and whispered, but not formally announced. The disclosure, indeed, could not be made without great scandal. Charles had, times without number, declared himself a Protestant, and had been in the habit of receiving the, Eucharist from the Bishops of the Established Church. Those Protestants who had stood by him in his difficulties, and who still cherished an affectionate remembrance of him, must be filled with shame and indignation by learning that his whole life had been a lie, that, while he professed to belong to their communion, he had really regarded them as heretics, and that the demagogues who had represented him as a concealed Papist had been the only people who had formed a correct judgment of his character. Even Lewis understood enough of the state of public feeling in England to be aware that the divulging of the truth might do harm, and had, of his own accord, promised to keep the conversion of Charles strictly secret.* James, while his power was still new, had thought that on this point it was advisable to be cautious, and had not ventured to inter his brother with the rites of the Church of Rome. For a time, therefore, every man was at liberty to believe what he wished. The Papists claimed the deceased prince as their proselyte. The Whigs execrated him as a hypocrite and a renegade. The Tories regarded the report of his apostasy as a calumny which Papists and Whigs had, for very different reasons, a common interest in circulating. James now took a step which greatly disconcerted the whole Anglican party. Two papers, in which were set forth very concisely the arguments ordinarily used by Roman Catholics in controversy with Protestants, had been found in Charles's strong box, and appeared to be in his handwriting. These papers James showed triumphantly to several Protestants, and declared that, to his knowledge, his brother

* Lewis to Barillon, Feb. 10 (20), 1685–6.

had lived and died a Roman Catholic.* One of the persons to whom the manuscripts were exhibited was Archbishop Sancroft. He read them with much emotion, and remained silent. Such silence was only the natural effect of a struggle between respect and vexation. But James supposed that the Primate was struck dumb by the irresistible force of reason, and eagerly challenged his Grace to produce, with the help of the whole episcopal bench, a satisfactory reply. "Let me have a solid answer, and in a gentlemanlike style; and it may have the effect which you so much desire of bringing me over to your Church." The Archbishop mildly said that, in his opinion, such an answer might, without much difficulty, be written, but declined the controversy on the plea of reverence for the memory of his deceased master. This plea the King considered as the subterfuge of a vanquished disputant.† Had he been well acquainted with the polemicalliterature of the preceding century and a half, he would have known that the documents to which he attached so much value might have been composed by any lad, of fifteen in the college of Douay, and contained nothing which had not, in the opinion of all Protestant divines, been ten thousand times refuted. In his ignorant exultation he ordered these tracts to be printed with the utmost pomp of typography, and appended to them a declaration attested by his sign manual, and certifying that the originals were in his brother's own hand. James himself distributed the whole edition among his courtiers and among the people of humbler rank who crowded round his coach. He gave one copy to a young woman of mean condition whom he supposed to be of his own religious persuasion, and assured her that she would be greatly edified and comforted by the perusal. In requital of his kindness she delivered to him, a few days later, an epistle adjuring him to come out of the mystical Babylon and to dash from his lips the cup of fornications.‡

These things gave great uneasiness to Tory churchmen. Nor were the most respectable Roman Catholic noblemen much better pleased. They might indeed have been excused if passion had, at this conjuncture, made them deaf to the voice of prudence and justice: for they had suffered much. Protestant jealousy had degraded them from the rank to which they were born, had closed the doors of the Parliament House on the heirs of barons who had signed the Charter, had pronounced the command of a company of foot too high a trust for the descendants of the generals who had conquered at Flodden and Saint Quentin. There was scarcely one eminent peer attached to the old

*Evelyn's Diary, Oct. 2, 1685.

Clarke's Life of James the Second, ii. 9, Orig. Mem.

Leeuwen, Jan. 1 (11) and 12 (22), 1686. Her letter, though very long and very absurd, was thought worth sending to the States General ás a sign of the times.

faith whose honour, whose estate, whose life had not been in jeopardy, who had not passed months in the Tower, who had not often anticipated for himself the fate of Stafford. Men who had been so long and cruelly oppressed might have been pardoned if they had eagerly seized the first opportunity of obtaining at once greatness and revenge. But neither fanaticisin nor ambition, neither resentment for past wrongs nor the intoxication produced by sudden good fortune, could prevent the most eminent Roman Catholics from perceiving that the prosperity which they at length enjoyed was only temporary, and, unless wisely used, might be fatal to them. They had been taught, by a cruel experience, that the antipathy of the nation to their religion was not a fancy which would yield to the mandate of a prince, but a profound sentiment, the growth of five generations, diffused through all ranks and parties, and intertwined not less closely with the principles of the Tory than with the principles of the Whig. It was indeed in the power of the King, by the exercise of his prerogative of mercy, to suspend the operation of the penal laws. It might hereafter be in his power, by discreet management, to obtain from the Parliament a repeal of the acts which imposed civil disabilities on those who professed his religion. But, if he attempted to subdue the Protestant feeling of England by rude means, it was easy to see that the violent compression of so powerful and elastic a spring would be followed by as violent a recoil. The Roman Catholic peers, by prematurely attempting to force their way into the Privy Council and the House of Lords, might lose their mansions and their ample estates, and might end their lives as traitors on Tower Hill, or as beggars at the porches of Italian convents.

Such was the feeling of William Herbert, Earl of Powis, who was generally regarded as the chief of the Roman Catholic aristocracy, and who, according to Oates, was to have been prime minister if the Popish plot had succeeded. John Lord Bellasyse took the same view of the state of affairs. In his youth he had fought gallantly for Charles the First, had been rewarded after the Restoration with high honours and commands, and had quitted them when the Test Act was passed. With these distinguished leaders all the noblest and most opulent members of their church concurred, except Lord Arundell of Wardour, an old man fast sinking into second childhood.

But there was at the court a small knot of Roman Catholics whose hearts had been ulcerated by old injuries, whose heads had been turned by recent elevation, who were impatient to climb to the highest honours of the state, and who, having little to lose, were not troubled. by thoughts of the day of reckoning. One of these was Roger Palmer, Earl of Castelmaine in Ireland, and husband of the Duchess of Cleveland. His title had notoriously been purchased by his wife's