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A.D. 1660.]

THE NEW COUNCIL APPOINTED.

411

thirty years of age, and therefore the sickening sycophancy created duke of Albemarle, in addition to several inferior of this language may be judged of In the commons Sir titles. His wife, who was originally a milliner, and after Harbottle Grimstone, as speaker, but who had formerly held that had been his mistress, now figured boldly and ambitiously very different language in parliament, declared him "the amongst the ladies of the court. king of hearts," and painted the future glories and felicities of his reign in the most extravagant terms. In such musical croakings did the frogs receive their new king stork.

Monk presented to the king a paper containing a list of names of such persons as he professed to consider the most eligible for the royal service either in the council or the ministry. But Clarendon, who was the king's great adviser, having adhered to him and his interests ever since his escape to the continent, perused the catalogue with no little surprise. It consisted, he tells us, "of the principal persons of the presbyterian party, to which Monk was thought to be most inclined, at least to satisfy the foolish and unruly inclinations of his wife. There were likewise the names of some who were most notorious in all the factions; and of some who, in respect of their mean qualities and meaner qualifications, nobody could imagine how they came to be named." They were, in fact, such as had been thrust on Monk by the parliamentary leaders, who were all striving to secure their own interests, and not even the presbyterians, foreseeing how severely they were punishing themselves by the restoration of the monarchy. Monk, on the chancellor's remonstrance as to many of these names-a -amongst which only those of the marquis of Hereford and the earl of Southampton belonged to men who had at all adhered to the royal cause-soon let him into the secret, that they were such as had importuned him to do them good offices with the king, and that he never intended to do more than forward the paper, and leave the king to do as he pleased. Clarendon soon, therefore, made out a very different list of names for the privy council, though he found it politic to insert almost as many names of the presbyterians as of royalists, but with the purpose of gradually changing them.

The reign of iniquity, which was inaugurated with blood, carried through with the most unheard of and unabashed lust and profanity, and terminated again in judicial carnage, had a few days of festivity and pretended decorum. The king had promised liberty to. tender consciences in his declaration of Breda, but the presbyterians, some thousands of whose ministers occupied the state pulpits, were quickly startled by the order for the strict compliance with the thirty-nine articles; but to make this bitter pill go down more easily, Charles put an outward restraint on his usually profligate manners, and even appointed Baxter and Calamy, the great nonconformist divines, amongst the number of his chaplains. To gratify the city he went in state to dine with. the lord mayor, and made a liberal distribution of the honours of knighthood amongst the civic officers. He then revived that singular function of royalty—touching for the "king's evil," performing this ceremony publicly at Whitehall, to the great horror of the puritans.

The parliament, both lords and commons, lost no time in seizing all such of the late king's judges as survived or were within the kingdom. The parliament, which had no proper election, having been summoned by no lawful authority, but at Monk's command, and had obtained the name of Convention Parliament, passed an act, which Charles authenticated, to legalise themselves, notwithstanding which it was still called by the old name of the convention. Beforo the king could arrive, however, they had seized Clement, one of the king's judges, and ordered the seizure of the goods and estates of all the other regicides. On the king's arrival Denzell Hollis and the presbyterians-whose resentment against the independents, who had so often put them out of parliament, blinded by their desire of vengeance to the fact that the royalists would not be long in turning on them who had done their best to dethrone Charles I., though they had not joined in putting him to death-now went in a body to Whitehall, and, throwing themselves at Charles's feet, confessed that they were guilty of the horrid crime of rebellion, and implored the king's grace and pardon. Charles affected the most magnanimous clemency, and recommended them to pass a bill of indemnity, which he had promised from Breda. But this apparent liberality was only the necessary step to the completion of his vengeance, for the declaration left to parliament such exceptions as it thought proper; and in the present complying, dust-licking mood of parliament, these exceptions would be just as numerous as the court required. Monk had, in negotiating with Charles and Clarendon, recommended that only four should be excepted, but Clarendon and the king had long made up their minds that few of the king's judges should escape; and in this they were boldly urged on by the

The first privy council of Charles, therefore, consisted of the king's brothers, the dukes of York and Gloucester, the marquis of Ormond, the earls of Lindsay, Southampton, Manchester, St. Albans, Berkshire, Norwich, Leicester, and Northumberland, the marquises of Hertford and Dorchester, lords Saye and Sele, Seymour, Culpepper, Wentworth, Roberts, and Berkeley, Sir Frederick Cornwallis, Sir George Carteret, Sir Anthony Ashley Cooper, Sir Edward Nicholas, general Monk, and Morrice, his creature, who had assisted in the negotiations with the king, colonel Charles Howard, Arthur Annesley, Denzell Hollis, and Montague, general, or rather admiral, for as yet no distinctly naval officer was known-military commanders fought either on sea or land. Amongst these Clarendon was lord chancellor and prime minister, the duke of York was already appointed lord high admiral, to which was now added the wardenship of the Cinque Ports and other offices. Sir Edward Nicholas and Morrice were joint secretaries of state; the earl of South-royalists, who, says Clarendon, could not bear to meet the ampton was made lord treasurer; the marquis of Ormond lord steward; and the earl of Manchester lord chamberlain. Monk was appointed commander-in-chief of all the forces in the three kingdoms, according to stipulation, and to this office was now added that of master of the horse, and he was

men on the king's highways, now they were the king's again, who rode on the very horses they had plundered them of, and had their houses and estates in possession.

The commons were as ready as the court for vengeance against their late successful rivals and masters; and though

Monk again urged that not more than seven should be excepted on a capital charge, they decided for ten, all to be tried for their lives, namely, Scott, Holland, Lisle, Barkstead, Harrison, Saye, Jones, Coke, the solicitor, Broughton, clerk to the high court of justice, and Dendy, who had acted as serjeant-at-arms during the trial. They then requested the king to order by proclamation all those concerned in his late father's trial to surrender themselves within fourteen days. About a score felt it much the safest to escape across the sea, but nineteen surrendered-all but the ten doomed to death imagining they should escape with some minor punishment. But the thirst for vengeance became every day more violent. The commons named twenty more for exception, whose lives were to be spared, but who were to suffer forfeiture of estate and perpetual imprisonment. These were Vane, St. John, Haselrig, Ireton, brother of the deceased major-general, Desborough, Lambert, Fleetwood, Axtell, Sydenham, Lenthall, Burton, Keeble, Pack, Blackwell, Pyne, Deane, Creed, Nye, Goodwin, and Cobbett. Moreover, all such as had not surrendered to the late proclamation were excluded from the benefit of the bill of indemnity.

This sanguinary list, however, did not satisfy the lords when the bill was sent up to them. They had suffered such indignities from the independent leaders, that they could not bring themselves to forgive, and they altered the bill, voting that every man who had sate on the king's trial, or signed the death warrant, should be tried as traitors for their lives. They went even further, and excepted six others, who had neither sate nor voted-namely, Vane, Hacker, Lambert, Haselrig, Axtell, and Peters; and as if luxuriating in revenge, they allowed the relatives of several of their own body who had been put to death under the commonwealth, amongst whom were the earl of Derby and the duke of Hamilton, to sit as judges. The commons accepted the bill as thus altered, and would have made it still more atrocious, but the king, who was extremely pressed for money, sent desiring them to come to an end with this bill, and hasten the money bill.

The commons voted the king seventy thousand pounds a month for present necessities, and then proceeded to pass not only the indemnity bill, but to vote the king a liberal and permanent revenue. In striking contrast to the early parliaments of his father, they at once gave him the tonnage and poundage for life. This was one of the chief causes of the quarrel betwixt Charles I. and his parliament, one of the main causes of the war and of his decapitation, which this complying parliament now yielded at once. They, moreover, ordered the disbanding of the army, of which Charles was afraid, and that the 29th of May should be kept as a day of perpetual thanksgiving to Providence, for having restored his sacred majesty to a · grateful nation. All these favours to Charles they offered with the humility of men who were seeking favours for themselves, and being urged by Charles to settle the amount of his revenue altogether, they appointed a committee of inquiry on the subject, which decided that, as the income of his father had been about one million one hundred thousand pounds, his income should, considering the different value of money, be fixed at the unexampled

sum of one million two hundred thousand pounds per annum. This income was to be settled by a bill in the next session.

The question of religion, and the question of forfeited property, whether belonging to the crown, the church, or individuals, was next brought on, and led to most stormy discussions. The result was, that two bills were passed, called the Bill of Sales and the Ministers' Bill. By the Bill of Sales all the crown lands were ordered to be restored forthwith; but the church lands were left in abeyance for the present; the lands of individuals were also deferred to a future session. The Ministers' Bill was intended to expel from the pulpits of the church all such ministers as had been installed there since the parliament came into power. It did not, however, give satisfaction to the church, for it admitted all such as entered on legally vacant livings at the time to retain them. A considerable number of presbyterian clergymen thus remained in possession, but the independents were thoroughly excited by a clause which provided that all ministers who had not been ordained by an ecclesiastic, who had interfered in the matter of infant baptism, or had been concerned in the trial of the king, or in its justification from press or pulpit, were excluded. Thus the royalists were incensed at the Bill of Sales, which they called an indemnity bill for the king's enemies, and of oblivion for his friends, and the clergy of the church were equally enraged to see a great number of livings still left to the presbyterians.

On the 13th of September Charles prorogued the parliament till the 6th of November, and promised during the recess to have what was called the "healing question of religion," that is the settlement of the church, discussed by competent parties, and to publish a declaration on the subject. Accordingly the presbyterians were very soon promised a meeting with some of the episcopalian clergy, and they were very willing, seeing that they could no longer have matters their own way in the church, to accept a platform of compromise laid down by archbishop Usher before his death, in which scheme the church was to be governed by a union of suffragan bishops and synods or presbyteries, so as to unite the two great sects. But the foremost prelates and clergy of the episcopalian church, who were resolved to have the whole state church to themselves, would listen to nothing so liberal or unorthodox. They refused to meet the presbyterian clergy, and therefore Charles summoned the leaders of that sect to meet some of his chief privy councillors and ministers, as well as various bishops, at Whitehall, where Baxter and Calamy again proposed Usher's scheme, which was as zealously rejected by the episcopaliaus. The presbyterians quoted the Eikon Basilike, to show that Charles I. was favourable to Usher's plan, but there Charles, who knew very well that the book was Dr. Gauder's, and not his father's, dryly remarked that all in that work was not gospel. But what proved a complete damper to all parties, was a proposal read by Clarendon as having the king's approbation, namely, that others, besides the two parties in question, should have full liberty for religious worship, and should not be disturbed by magistrate or peace officer, provided they themselves did not disturb the peace. This was at once felt to mean toleration to the catholics as

A.D. 1666.]

TRIAL OF THE REGICIDES.

413

well as the nonconformists, and was received with silent Smith, Downes, Potter, Garland, Fleetwood, Meyn, J. Tem repugnance. ple, P. Temple, Hewlet, and Waite.

On the 25th of October was issued the promised declaration for healing the strife. It went to unite the presbyterian form of government with the episcopal. There were to be presbyteries and synods, and no bishop was to ordain ministers or exercise the censures of the church without the advice and assistance of the presbyteries. Presbyters were to be elected deans and canons; a number of divines of each sect was to be chosen by the king to revise the liturgy, and all points of difference should be left unsettled till this revision was made; and no person should be molested on account of taking the sacrament standing or kneeling, for making the sign of the cross in baptism or not making, for bowing or not bowing at the name of Jesus, for wearing or not wearing the surplice. The presbyterians were delighted at the prospect thus afforded of free admission to good livings and dignities; but the episcopalians intended nothing less than that any such thing should ever come to pass.

The first man tried was Waller, who pleaded guilty, and had his life spared; the second was Harrison, the late majorgeneral. Harrison was a sincere and honest fifth-monarchy man. He conscientiously believed that Christianity required all governments to be carried on in the name and under the authority of the Saviour. He was not wrong in his doctrine, which all true Christians hold, but in his imagination that the world was a world capable of such a government for ages to come. He was an enthusiast, but no fool. On the contrary, he had on all occasions shown the perfect command which Christian principles had over his mind; and well would it have been for the world could it have adopted his faith. He had borne his decided testimony against Cromwell for his usurpation of the supreme authority, and had been imprisoned by him for it. He now stood before the court with the simple and heroic dignity of a man who felt assured that his views were sound, and that his heart was upright before God. Hume, in describing this scene, says, “Can any one without concern for human blindness and ignorance, consider the demeanour of general Harrison when brought to his trial? With great courage and elevation of sentiment, he told the court that the pretended crime of which he stood accused, was not a deed done in a corner. The sound of it had gone forth to most nations; and in the sin

With more earnest intention the government proceeded to judge the regicides, and soon stepped up to the knees in blood. On the 9th of October the trials commenced at the Old Bailey, before thirty-four commissioners appointed for the purpose. These were Sir Thomas Alleyn, lord mayor elect, lord chancellor Clarendon, the carl of Southampton, the duke of Somerset, the duke of Albemarle, the marquis of Ormond, the earls of Lindsay, Manchester, Dorset, Berk-gular and marvellous conduct of it, had chiefly appeared the shire, Sandwich, late admiral Montague, the lords Saye and Sele, Roberts, and Finch, Sir Frederick Cornwallis, Sir Charles Berkeley, Denzell Hollis, Mr. Secretary Nicholas, Mr. Secretary Morrice, Sir Anthony Ashley Cooper, Arthur Annesley, Esq., Mr. Justice Foster, Mr. Justice Mallet, Mr. Justice Hyde, Mr. Baron Atkins, Mr. Justice Twisden, Mr. Justice Tyrrel, Mr. Baron Turner, Sir Harbottle Grimstone, Sir William Wild, recorder of London, Mr. Serjeant Brown, Mr. Serjeant Hale, and Mr. John Howel. The counsel for the crown were Sir Geoffrey Palmer, attorney-general, Sir Heneage Finch, solicitor-general, Sir Edward Turner, attorney to the duke of York, serjeant Keeling, and Mr Wadham Windham.

sovereign power of heaven. That he himself, agitated by doubts, had often, with passionate tears, offered up his addresses to the Divine Majesty, and earnestly sought for light and conviction. He had still received the assurance of heavenly sanction, and returned from these devout supplications with more serious tranquillity and satisfaction. That all the nations of the earth were, in the eyes of their Creator, less than a drop in the bucket, nor were their erroneous judgments aught but darkness compared with divine illuminations That these frequent illapses of the Divine Spirit he could not suspect to be interested illusions, since he was conscious that for no temporal advantage would he offer injury to the poorest man or woman that trod the earth. Perhaps it would be impossible, in all the long history of That all the allurements of ambition, all the terrors of imoppressions, to point out a set of more objectionable judges. prisonment, had not been able, during the usurpation of They consisted of the present kings ministers, the ordinary Cromwell, to shake his steady resolution, or bind him to a judges yet depending on the crown, and therefore not free compliance with that deceitful tyrant. That when invited from suspicion of bias, royalists, and of presbyterians who by him to sit on the right hand of the throne, when offered had been mortally opposed to the republican regicides, and riches and splendour and dominion, he had disdainfully rewho had all been grievously beaten and humiliated by them.jected all temptations; and, neglecting the tears of his friends Every evil passion was, therefore, let loose from the bench on the devoted prisoners, and the known expectation of the court was not, therefore, likely to be disappointed. That such men as Monk, who had continued Cromwell's right hand man to the last, Denzell Hollis, the earl of Manchester, Finch, Annesley, and Bridgman, Ashley Cooper, Saye and Sele, who had all been engaged in the war against Charles I., should be suffered to sit in judgment on their fellow revolutionists, was monstrous. True bills were found against nineteen of the prisoners, namely-Sir Hardress Waller, Harrison, Carew, Cook, Hugh Peters, Scott, Clement, Scrope, Jones, Hacker, Axtell, Heveningham, Marten, Millington, Tichbourn, Row, Kilburn, Harvey, Pennington,

and family, had still, through every danger, heid fast his principles and his integrity."

The blindness and ignorance our times will apply to the historian rather than to the prisoner. Harrison stood there the undaunted patriot, who had acted conscientiously, the result of sincere prayer and application to God. He had not done in a fit of enthusiasm what cooler moments had led him to repent. He retained the same conviction of his having done what was right, a conviction that we be lieve will be shared by a large majority who weigh that great action, its motives, its necessity, and its consequences. No accused patriot ever stood in a more noble and assured attitude than general Harrison, whose life had stamped the

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But all argument was useless addressed to such ears. Orlando Bridgman, chief baron of the exchequer, who had the chief management of the trials, told the grand jury in his charge that no authority whatever, either of a single person or of parliament, had any coercive power over the king. This man had received very different treatment under the protectorate. He had submitted to Cromwell, who had not only accepted his submission, but had allowed him privately to practice the law, and in this capacity he had acted as spy and agent for Cromwell. He continually interrupted

such a precedent;" and he boldly upbraided Bridgman with giving evidence as a witness whilst sitting as a judge. All these were condemned to death.

The clever and facetious Harry Marten made a most ingenious and persevering defence, and extremely puzzled the commissioners. He took exception to the indictment, declaring that he was not even mentioned in it. When he was shown the name Henry Marten, he objected that that was not his name, which was Harry Marten. This was overruled, but he went on to plead that the statute of Henry

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