n kj / '^ V rt^r SIR ROGER L'ESTRANGE SIR ROGER L'ESTRAXGE. (From the Portrait by Kneller.) Frontispiece] SIR ROGER L'ESTRANGE A CONTRIBUTION TO THE HISTORY OF THE PRESS IN THE SEVENTEENTH CENTURY BY GEORGE KITCHIN M.A. (EDIN.), B.LITT. (OXON.) LECTURER IN ENGLISH LITERATURE AT THE UNIVERSITY OF EDINBURGH With 1 1 full-page Plates LONDON KEGAN PAUL, TRENCH, TRUBNER & CO., LTD. BROADWAY HOUSE, 68-/4 CARTER LANE, E.G. I913 INTRODUCTION L'EsTRANGE has of late years emerged somewhat into public notice — that is of the small public which can approach the seventeenth century by more direct means than those pro- vided by the popular novelist. After Sir Sidney Lee's great article in the Dictionary of National Biogra'phy a separate life was inevitable sooner or later. Then Mr. J. B. Williams' work on the history of the Press, pointed more precisely to the distressed cavalier as the central figure in the journalistic piece. And quite recently we have had the Times Printing Supplement of 10th September 1912 largely devoting its story of Kestoration journalism to a tale of L'Estrange and his works. On the other side — that which concerns the art of prose — the late Professor Earle pointed out the extremely important place L'Estrange truly occupies in the history of English literature. So that the merest shadow of a type — a vicious type according to all tradition — has at length entered the penumbra at least of learned, if not popular, curiosity. No one need expect, however, that his cumbrous folios and pamphlets, full as they are of a certain salt decidedly non- Attic, will ever be pored over even by the scholarly class. As a writer he is a Goth of the Goths, almost uncultured in the classic sense, and for this, as a corrective to the learned fluency of the age which preceded him, he is to be chiefly valued. The native element must have been intensely strong in the man who dressed Seneca and Cicero in homespun. Even his titles have an extra- ordinary force. No Blinde Guides for Milton, The Relaps'd Apostate and Holy Cheat for the Presbyterians, have a 266643 vi INTRODUCTION terseness which we are too apt to think of as a late acquisition of journalism. But few even of those who are capable of relishing the distinction between fine classical work and the rude incult native will have the patience to read his political works. Gnarled, bitter, black, and wasted, are these products of seventeenth - century strife. Their great quality is one which is generally lacking in present-day writing, they are virile. Their abuse — the staple of the kind — is virile. There is no verbal finesse^ none of the tricks of the sophist. They are almost lacking in rhetoric in the popular sense. But for late events in "the north-east corner of Ireland," we might have said that the causes they championed are for- gotten. The minor characters at least are lost to all save the special student. But his story may still attract the historically-minded. He had the gift or misfortune which some men have of entangling themselves with every interest of the day — music, the Royal Society, cavalier song and wit at the one end of the social scale, at the other, war, intrigue, imprison- ment, office and the thousand bitternesses of public life. A mere instrument he was not. He went further and more rapidly than his masters. In a sense he became the mind of his party. A picturesque figure is all the relations of life ! It has not, however, been the plan of this book to present him in a picturesque light, which is generally a fallacious one. The sobriety of modern history is unfriendly to romantic colour. The deadly footnote stifles the imagina- tion. L'Estrange in some way foretold his fate as the victim of modern research. He somewhere imagines the scribe, one hundred and fifty years hence, busy with his and his enemies' pamphlets in Bodley's library. In a fit of pessimism he assumed that their lies would carry more weight with the historian than his own. As so often happens, and in pro- portion as the causes excite men's minds, the truth is found to be no longer discoverable. The historian can generally INTRODUCTION vii only present their contradictory stories and leave the matter to conjecture. But out of the medley of lies and mixed motives, there arises something on which we can give a modern judgment. That judgment, it must be confessed, is on the whole the traditional one. It may indeed be doubted if history affords more than half a dozen examples of a genuine reversal of the popular verdict, when that verdict has been long enough left unquestioned. In L'Estrange's case the judgment of posterity was singularly clear, and — what is rare in political cases — singularly unanimous. When a jury consisting of Swift, Hume, and Johnson on the one side, and Fox, Hallam, and Macaulay on the other is agreed on its verdict, little doubt would seem to remain of the defendant's guilt. It has been left for the present age to question the verdict. But love of paradox and the revival of the extreme Tory point of view in historical literature are no doubt more responsible for this trend of judgment in L'Estrange's favour than a new and broader discussion of the facts and documents. So far as this Life presents new documentary evidence, or attempts a new reading of the hitherto known facts, it will be found that his fame rather suffers, if that were possible, than recovers. That is, of course, entirely in the region of political life. In private life he was ever regarded as a staunch friend, a man of fashion, and a lover of the social pleasures and amenities. But in the half- dozen crises of his fate he displayed a curious mingling of daring and timidity. He had the misfortune too often to appear at the critical moment, after much vaunting, a solitary skulker, or the foremost in flight. So was it at King's Lynn, so after Kent, and so after his examination before the Council in 1680. Perhaps this precipitancy in flight only amounts to an intelligent anticipation of the sauve-qui-peut. If it can be shown that he brought things to a head and gave his party a reasonable chance of success before deserting the field, his courage may still, despite Whiggish jeers, be afiirmed. On the whole the fuller story viii INTRODUCTION given here will tend to establish this. And if we remark that his courage and vigour were always more noticeable when his party was in the ascendant, as in the final prosecu- tion of Titus Oates, and the earlier Restoration persecution of obscure printers, it is no more than saying that he was human. It is not his loyalty or his courage that will be questioned here. It is his humanity. Even granting the whole Tory position in the Stuart reigns — a position which later Tories would scarcely grant — his vindictive and unappeasable thirst for a petty vengeance is the most observable feature of his character. He could be, and habitually was, meanly cruel. After the Rye House Conspiracy, he participated in a party triumph as complete as any our history can show. The fate of the Whig scribes and plotters was pitiable enough. It aroused in L'Estrange, however, no generous emotion. His pursuit of the lesser instruments, of Care, Hunt, Milton's nephew John Phillips, Fergusson ' the Plotter ', Hickeringill, and the factious Stationers, had more of personal malice in it than of public service. His intrigue with young Tonge, a creature whose misery in prison ought to have moved him, is perhaps the worst blot on his name. Having no intention of relieving Tonge 's condition, he set himself with hints of the King's mercy, to extort for party and personal purposes an exposure, true or false, of the Whig leaders from that wretched youth. But there is no need to multiply instances in the case of one who wrote No Blinde Guides against Milton, who harried Richard Baxter, pursued Bagshawe, Jenkins, Crofton, and Delaune with abuse and hardship even within the walls of their prison, and conducted those pitiful harryings of the poor printers which went far beyond even the limits observed by Stuart tyranny. Baxter, Bagshawe, Jenkins, Crofton, and Delaune may have been — Bagshawe and Crofton certainly were — contumacious firebrands, but not even by the standards of that age can we excuse the rigours of his malice. As to his honesty and sincerity there is not much doubt. INTRODUCTION ix It was generally charged against him in the days of his licensing that he allowed non-conformist books or 'libels' to appear in the official catalogue Mercurius Idbrarius for the money's sake. So far the charge is true, that works of a modified dissent appear in that catalogue in the years follow- ing the ruin of the Cabal ministry. And on the whole, there is no doubt of his extortionate behaviour in office. But mere venality on the part of a poor gentleman would not then weigh very heavily against him. Altogether the picture of him given in the Times Printing Supplement, as a high-minded English gentleman, incapable of fraud or disloyalty is somewhat fanciful. A name associated with that of Chas. Hanse and the notorious Burton and Graham could scarcely be free from their quality. Somewhere between Macaulay's black portrait and that given in the Times supplement lies the true L'Estrange. It may be hoped that the reader will be able from the material given in those pages to determine where. The present writer undertook the life of L'Estrange at the suggestion of Professor Firth and Sir Walter Raleigh at Oxford. To the former his debt is very great. Whatever merits the work may have are as much owing to his close supervision and unrivalled knowledge of the period as to the industry of the author, while the constant and sympathetic interest of Professor Raleigh and of Professor Saintsbury of Edinburgh, the author's first guide in the literary path, and his present chief, has done much to inspire in a somewhat laborious task. The kind and ever helpful suggestions of Mr D. Nicol Smith, Goldsmiths'" Reader in English literature at Oxford, has also to be most gratefully acknowledged. Lastly for aid of a more material kind he must express his indebtedness to the Carnegie Trust for the Universities of Scotland, one of whose Research Scholarships he held during the years 1909 and 1910. CONTENTS CHAPTER I (introductory) EARLY CAVALIER DAYS Family— Early education— Outbreak of hostilities in the north— East Anglia and the Civil War — Importance of King's Lynn — L'Estrange at Oxford — Proposals for the recapture of Lynn — L'Estrange betrayed — Con- demned by Court-martial — A cavalier in prison — First step of freedom into Kent — The Kentish Rising — L'Estrange's ambiguous part in the fiasco — He is followed into exile by detraction ..... CHAPTER II (1648-60) PROTECTORATE AND INTERREGNUM PASSAGES L'Estrange in exile — Is followed by calumny — Vindication to Kent — Visits the court of Cardinal van Hesse — Returns to England under the Act of Oblivion — doubtful relations with Cromwell — Life in Covent Garden — Musical powers in request — Death of Sir Hamon — Scandalous rumours of L'Estrange — Death of the Protector — View of his character not unfavourable — Renewed Royalist and Presbyterian activity — L'Estrange in demand as Royalist pamphleteer and incendiary— His numerous 'manifestoes' and addresses — Rising of Sir G. Booth — Addresses to Parliament and to Monk — Attacks Milton in No Blinde Guides — Livewell Chapman and first brush with the Stationers — Eve of the Restoration — Renewed suspicion of L'Estrange — Restoration 33 CHAPTER III (1660-2) PURITAN DIVINES AND SEDITIOUS PRINTING Situation of parties at the Restoration — 'Ranting' cavaliers offend all parties — L'Estrange's Apology— Vtvcicv^Xq of Vae Victim discouraged — Cavalier clamour — Corbet's Interest of Englmid — L'Estrange's Holy Cheat — He is accused of violating the Act of Oblivion — Savoy Conference — Presbyterian Apologies — Bagshawe and the Bishop of Worcester — L'Estrange attacks Bagshawe — Crof ton and the Baxterians — L'Estrange's Memento — Howell's Cordial and L'Estrange's Caveat for the Cavaliers — The Caveat famous — Brush with Birkenhead— Ajjology to Clarendon 67 xi xii CONTENTS CHAPTER IV THE BLOODHOUND OF THE PRESS PAGS The Press — Contemporary views of its functions — A Crown monopoly — Origin of the imprimatur in England — Kise of the patentees — Brief survey of Press legislation — Rigour of the Laudian period — Common- wealth Statutes and Ordinances — Areopagitica — Restoration views — The Press ' very foul ' — Nature of libels — Presbyterian and Re5)ublican — The ' feminine part of revolt ' — Petition for Peace — Regicide speeches — Nedham, Chapman, Tytan, etc. — The 'Con- federates ' and The Plwenix — F. Smith and The Year of Prodigies — Smith's narrative — Trial of the ' Confederates ' — Twynn's case excep- tional — Fate of the ' Confederates ' — Other severities — Methods of secret publication — A widespread propaganda 95 CHAPTER V PRESS LEGISLATION AND THE NEWSBOOK The New Press Act — Novelties in the Act — Their far-reaching effect — General futility of the Act — L'Estrange's (and other) criticisms — Attempts to modify it — Considerations and Proposals — Atkyn's attack on the Stationers — L'Estrange's conduct of the Netvshooh — His view of news-mongering — General dissatisfaction with the Newsbook — The Newsletter a serious rival — Intrigue of Williamson with Jas. Hickes of the Post Office— The Plague and the Dxxtcla.— Newsbook relinquished by L'Estrange — The Press and the Conventicles during the Plague . . 126 CHAPTER VI (1666-70) STATE OF THE PRINTING HOUSES Annus Mirdbilis the signal for a new growth of libels — Popish fears and jealousies — Lampoons on the King — Satires on the conduct of the Dutch War — Marvell's Advice to a Painter — Poor Whore's Petition — Trade tracts — Their veiled attacks on the Church — Persecution renewed — Contempt of the clergy — Narratives of the fire — Trap ad Crucem — L'Estrange inactive 1666-8 — Catholic apologies — The Scotch plotters, Pergusson, Forbes, Nesbit, in the city — L'Estrange recalled April 1668 — List of libels and his comments — Inquest of the printers 1668 and 1669 — Monopolists and the Universities — King intervenes — Temporary lull — L'Estrange and the Stationers . 157 CHAPTER VII (1672-7) L'ESTRANGE AND THE STATIONERS — LORDS' LIBEL COMMITTEE The Quo Warranto, 1670 — Survey of the printing houses 1672— Inaction 1672-5 — Mearne and Frank Smith — Mearne and the Rehearsal Trans- prosed — L'Estrange's authority disappears with the fall of Arlington — Williamson appoints him one of his licensers, 6th February 1674-75 — Oldenburg introduced, February 1675-6, as 'one of my deputies for licensing ' — His failure — L'Estrange called in by Williamson in 1676 — Misdemeanours of the stationers — The surveyor frustrated in his attempted negotiations — Renewed quarrel with Mearne — Mearne's history and honours — Accusation against the Stationers — Counter- CONTENTS xiii PAGE complaints against L'Estrange — His tyranny and exactions — Prorogation libels and discovery by L'Estrange of Nat. Thompson's midnight printing — Lords' Committee determined on a brief history of its investigation — Quarrel between Stationers and L'Estrange comes to a height 190 CHAPTER VIII THE POPISH PLOT — FLIGHT OF L'ESTRANGE The * Popish Plot ' by no means novel — Previous workings of the No-Popery frenzy — Immediate effects on the Press — Popular manifestations — The literature of the Plot — L'Estrange enters the field — His veiled attacks on Gates — His confederates — Castlemaine and Mrs Collier — Clamour for a Parliament — L'Estrange on ' Petitioning ' — Freeborn ETiglishman, Further Discovery, and Discovery upon Discovery — Harry Care and Ben Harris — The Whig Journals — Trial of Castlemaine — Position of the Church — Citt and Bumpkin — Young Tonge's Sham Plot — L'Estrange accused by Gates before the Council — Attacks in Parlia- ment—Flight 222 CHAPTER IX THE OBSERVATOR AND THE WHIG JOURNALS Exile in Edinburgh, and the Hague— Followed by reviling— Counterfeit letter from Edinburgh— Votes of 10th January 1681 for relief of the Dissenters — Reaction in favour of the Church — UEstrange's Sayings provokes the first part of Dissenters' Sayings— The Oxford Parlia- ment — King's Declaration — Observator started (21st April 1681) to support Declaration — Comparison with Heraclitus Ridens — The Whig journalists — Ben Harris and F. Smith — Robert Stephens, Messenger of the Press — Petitions and addresses — Observator presented, August 1681— Death of Stephen Colledge— Trial of Shaftesbury— Loyal prentice feasts 260 CHAPTER X (1682-4) THE PRESS AND THE RYE HOUSE PLOT Effect of severities — Trials of Colledge and Shaftesbury — Young Tonge again — Prance — Persecution of Dissenters — French refugees — L'Estrange's Apology for the Protestants — Habin the Informer — Trial of Farwell and Nat. Thompson for ridiculing the 'Plot' — Sheriffs' elections, 1682 — Hunt and Petyt — The Rye Hoiase Conspiracy — Dissenting Clergy and the Plot — Forbes, Fergusson, Collins, and Nesbit — Ambitions of the plotters — L'Estrange's services — As writer, spy, and Magistrate — His allies on the Bench — Charles Hanse and Graham and Burton — Katherine Menzies — Sam Starkey and Aaron Smith — Various communications from L'Estrange to Jenkins — Hartshorn and Eastwood — L'Estrange and the submission of Harry Care — Spies' letters — Dejection of the Whigs — The Newsletter writers examined 289 CHAPTER XI (1684-9) THE WHIG DEBACLE L'Estrange in three characters— Government spy on the city— Some letters —Seizure of HoUoway— Last political trials of the reign— Their effect xiv CONTENTS on public opinion — Death of Charles — L'Estiange the avenger of the ' Plot ' victims — Gates and Prance since 1681 — Failing credit of their ' Plot ' — The Observator's share in the disillusionment — Trial of Gates for libel, 1684 — He complains of L'Estrange's attacks to the King and Bancroft — Prance replies to the Observator — L'Estrange's History of the Times — The Church and the French Refugees — L'Estrange and the new Conformists — He attacks the Trimmers in the Church — Symthies — Hughes — More attacks on the Observator — Observator Proved a Trimmer — Elections for a new Parliament, March 1685 — L'Estrange elected for Winchester — His position in the party — He loses the favour of the Church— The Revolution 331 CHAPTER XII THE REVOLUTION The Revolution — Various commitments — Private life — L'Estrange dependent on the booksellers — Unhappiness of closing years — His family — His translations — Theory of translation in vogue — L'Estrange 'a master of the English tongue' — His fellows — Earlier works — Quevedo and Botm — Facetiae — Seneca, Cicero, and Erasmus — Post — Revolution works — Educational view of his ^sop — Intruding politics — Terence and Plautus — Tacitus his most wretched performance — The Joseplius — Tributes of contemporaries — Eighteenth-century reaction — Felton, Thompson, Johnson, Blair, Tytler, etc. — Continued popularity of his translations — Modem editions and critics — Professor Earle and the importance of L'Estrange's style — ' A war of declared barbarism ' — Other views— The end 367 APPENDICES L LIST OF L'ESTRANGE'S POLITICAL WORKS . . . .411 II. CHIEF SOURCES OP THE LIFE 419 III. THE TIMES PRINTING SUPPLEMENT, lOTH SEPTEMBER 1912, AND THE IXTH VOL. OF THE CAMBRIDGE HISTORY OF ENGLISH LITERATURE 431 INDEX 433 LIST OF ILLUSTRATIONS SIR ROGER L'ESTRANGE Frmtispi^ From, the Portrait hy Knellke FACSIMILE, TITLE-PAGE OF NO BUN BE GUIDES . To face p. 64 FACSIMILE, TITLE-PAGE OF CONSIDERATIONS AND PROPOSALS IN ORDER TO THE REGULATION OF THE PRESS . . . ,,130 A L'ESTRANGE PASQUIL ,,140 OLD STATIONERS' HALL ,,180 OLD ST PAUL'S, A HAUNT OP THE BOOKSELLERS . ,,192 OLD LONDON BRIDGE, A HAUNT OF THE BOOK- SELLING FRATERNITY . . . . ,,198 POPE-BURNING PROCESSION, 17TH NOVEMBER 1679 ,, 224 POPERY IN MASQUERADE, 1679 ... ,,256 A POLITICAL CARTOON, 1680-1 . . . . ,,258 SEIZURE OF JUDGE JEFFRIES . . . . „ 368 XV SIR ROGER L'ESTRANGE CHAPTEK I INTRODUCTORY EARLY CAVALIER DAYS Sir Koger L'Estrange, whose career it is proposed to trace in these pages, has left scarcely any private history. His life almost more than that of any man of the second rank in this age was monopolised by public affairs. Far from discomfiting the historian, this circumstance is actually of some value. For Eoger L'Estrange was neither a sufficiently large person in public life, nor in private interesting enough in himself to warrant the troubling of posterity with anything approaching an intimate biography. His sole importance, and the sole pretext for the present undertaking, is the fact that, in a century when men lived stubbornly and clung to affairs to the last, he took a part in almost every movement of his time from the age of twenty-three to well-nigh eighty. He is, moreover, identified at every stage with an interest which is the occasion of this biography — the Press in the seventeenth century. By following his career we may learn more of this difficult subject than from a separate history of the Stationers' Company. As a cavalier he has a certain historic interest. As the man entrusted with the tracking down of Titus Gates and ' their Evidenceships ', he touches on the subject which Lord Acton specially recommended to modern English historians. As the most famous translator of his day, and one who still finds his editors, he provides for the student of literature a large field of enquiry. 1 A 2 SIR ROGER L'ESTRANGE Roger L'Estrange was the third son of Sir Hamon L'Estrange of Hunstanton Hall, Norfolk. He was born on the 25th June 1616, educated privately at home so far as we know, and at the usual age proceeded to Cambridge, where he entered Sidney Sussex College ^ The learning which he loved to display in his later years affords traces of a less regular schooling, and in some respects more liberal, than was perhaps to be obtained at the ordinary grammar schools of the day 2. As many men have nourished great- ness on Plutarch, so young L'Estrange drew wisdom from Bacon and -^sop. Music seems to have entered largely into his early studies ^ and was destined to become a life passion — an agreeable circumstance in a life singularly given to faction and violence. We have no trace of his career at Cambridge*, and of his home life we know scarcely more. His mother, a daughter and co-heir of Richard Stubbes, Esq., was a woman of courage and wit. Her whimsical pen has provided the historian of that part of the Civil War which relates to East Anglia, with some piquant if pathetic notes on the exactions of Parliamentary Commissioners ^ Her eldest son Nicholas was also indebted to her for several of the more innocent tales which appear in his collection of anecdotes in the Harleian MSS.^. The family boasted a respectable antiquity, for though the popular derivation of the name — Extraneus — as applied 1 Opened in the year in which the Protector was born. Besides Cromwell and L'Estrange, other distinguished graduates of this College were Thomas Fuller, Bishop Wilson, of Sodor and Man, etc. See Several Weighty Quaeries concerning Heraditus and the Observator in Dialogue — Quaerie 9 — 'whether Sed. Coll. Camb. by sending the Observator into the world have yet fully atoned for 0. Cromwell, who had his education there'. Dr Seth Ward, born the year after L'Estrange, 1617, was also of this College. Wood [Clarice, Life and Times,_ iii., 26) notices that he had been a student at Cambridge. 2 * He is a great scholar, being taught by his father'. L'Estrange a Papist, February 1682. 3 ' At Hunstanton Jenkins must have been the teacher of Roger le Strange, son of Sir Hamon'. Aidobiog. of Hon. Roger North, ed. Jessopp (1890), p. 78, editor's note. As a musician Jenkins is described by North as ' that eminent master of his time '. Ibid. * Beyond an absurd story — Observator, i., 13 — of *a young fellow of Cambridge that refused to receive the Sacrament because (as he told his master) he was reconciled to the Church of Rome ', 5 Mr Alfred Kingston, East A nglia and the Civil War (1897), pp. 293-5. 6 Several ' from my brother Roger ' are also to be found there, but of these only two or three are to be found in the Camden selection, q.v.. Anecdotes and Traditions, ed. W. J. Thomas (1839). EARLY CAVALIER DAYS 3 to the Conquest is erroneous, and the original family flourished several centuries under that name as Lords of Limosin, there is scarcely a family in England which can trace its origin more clearly to that event. Dugdale was inclined to place them under the banner of the Dukes of Bretagne at the incoming of the Normans, and hinted that Guy, the first English L'Estrange, was a son of the French Duke, but whilst amusing himself with the vision of what they might have attained and enjoyed had that been the case^, Blomefield's researches persuaded him that it was as vassals of Alan Flaald, ancestor of the Arundels, that the English L'Estranges both in Shropshire and Norfolk entered England, 'and from him they owed all they enjoyed '. ' From what has been above-mentioned of the family ', says the historian of Norfolk, 'it appears to be of great antiquity and to have been possessed of the Lordship from the beginning of the reign of Henry I. (if not before) about 600 years, and that Guy the founder of it in England was not a son of the Duke of Britain in France, but came into England with Alan, son of Flaald, ancestor of the Earls of Arundel'. Taking Blomefield's date for the settling of the Norfolk sept as fairly correct, the old manor house at Hunstanton saw the passage of sixteen generations of L'Estranges between the John L'Estrange who in 1173 rebelled with Henry the Younger against Henry 11. and the Sir Hamon, father of Roger, whose loyalty to Charles I. practically beggared him and called forth Dame Alice's utmost economy and occasional humorous murmurs. At several other periods in these five centuries the family distinguished itself in the service of the crown, and if we find them rebels at the start, we find the grandson of the rebel — a Hamon too — ' a person of great dignity and eminency' in the forty-first and forty-ninth years of Henry III. He was a stout adherent of the royal cause against de Montfort, and his loyalty was rewarded with 1 B\ome&Gld, Jlistonj of Norfolk (1805), pp. 310-12: 'If this family had been so nearly or any way related to the Dukes or Earls of Britain, what might they not have enjoyed and been enfeofed of by Alan Rufus or Fergeant, Earl of Britain, in France ? ' ' For my quality ', says Roger {Memento, 1662), ' I must inform Mr Bagshawe that L'Estbangk has been in the same seat in Norfolk almost thrice as long as Presbytery has been in the world '. 4 SIR ROGER L'ESTRANGE the gift of numerous houses in London — all of which disappear before the seventeenth century. In the earlier part of Elizabeth's reign, when so many Englishmen sought honour in the European wars, a Roger L'Estrange won the friendship and esteem of the Emperor Maximilian II., and the family preserved with natural pride the patent which recommended him to the favour of Elizabeth, and conferred a pension of 300 crowns on Rogerium Strangium virum genere et nohilitate clarum quern vehementer aTrmmits charumque hahemus. When the Irish troubles broke out in the same reign Nicholas L'Estrange was knighted in 1586 for signal service, though we do not read of any grants of land, the usual reward of Irish service. Thus, despite a bad start, the L'Estranges appear on the whole, and increasingly in later times, a family much attached to the established powers, intermarrying with the numerous gentry of East Anglia, Cheshire, and their own kinsmen of Shropshire, families of similar principles, eminent for arms, or scholarship, or merely for antiquity, and continuing that strain of loyalty and local service which, despite detraction and suspicion, undoubtedly signalised their conduct through- out England's greatest crisis — the Civil Wars. Hunstanton, the home of this family, has a situation at a point where the Wash merges in the North Sea, which aroused the phlegmatic Blomefield to a touch of enthusiasm. Remarkable for its lofty cliff, 100 feet high (where still stand the ruins of the ancient chapel of St Edmund) 'against which the raging sea comes with such force and fury that it is supposed to have gained by length of time a considerable tract of land, about two miles, the headland looks straight out into the German Ocean '. The house itself is pleasantly situated. The work of various builders, it ' consists of an oblong square ; before the front runs a pretty stream or rivulet, walled on each side to preserve it clean and regular, serving not only as an ornament, but as a moat or guard to the house. Over this is a bridge leading to the gatehouse, which, with the wings and buildings on each side, were erected by Sir Roger L'Estrange in the reign of Henry VII. ' ^. The L'Estranges had reason to be grateful to the Stuarts. One of the earliest baronetcies bestowed by James I. went to a L'Estrange of Hunstanton, while again in 1629 Charles I. 1 Memento, 1662. EARLY CAVALIER DAYS 5 similarly honoured Nicholas, elder brother of our author. The father of Nicholas and Eoger was for many years High Sheriff of Norfolk, a capacity in which we have glimpses of his activity in the collection of fines for Composition of Knight service. It was as High Sheriff of his county that Sir Hamon attended the Norfolk levy against the Scots in 1639. Roger was then twenty - three, had probably just finished at Cambridge, and now accompanied his father in that humili- ating expedition which goes by the name of the Bishops War ^. We know nothing of the movements of father or son, but the extraordinary bitterness which tinges the remarks of the latter on the subject of the Scots and this little war, may be accounted for by what he saw on this occasion. Mr Kingston, in the work already referred to, talking of the younger L'Estrange's appearance at King's Lynn three years later, hints at ' an already romantic career ' ^, Beyond the rumours of enemies ^ we can find nothing of this, except the solitary expedition to Scotland, which, far from being romantic, was probably as sorry an outing as ever cavalier experienced. The fortunes of the house of L'Estrange in the Civil Wars is bound up with those of the royal borough of King's Lynn. This town lies some fourteen miles from Hunstanton. A glance at its position on the Wash will explain the impor- tance attached to it by the Parliamentary leaders. Carlyle's description of it as ' a gangrene in the heart of the Associa- tion '^ is not too strong language to describe the series of troubles which were fomented within its walls. Open to the sea and — owing to the state of the Fens — difficult of access from the land, it looked across to Boston and Skegness, and invited the aid of the cavaliers of Lincolnshire and the 1 Humble Apology to Olaroidon, 3rd December 1661, p. 4, 2 Hast Anglia, p. 184. 3 See The Loyal Ohstrvator, 1683 {Har. Misc., vol. vi.)— E. 1962-5. '' Nolibs. — You see how he vapours of his forty years' service to the Crown, what commands he had, how many thousand pounds he expended, what scars of honour he received. You must note the gentleman was a younger brother (the scandal of a worthy family who have long been ashamed of him), and so far from being able to contribute to the royal cause, that during his youth Phil. Porter's plough was his best maintenance. * Ralph. — This is nothing to his personal gallantry ; perhaps he rescued the standard at Edgehill, stormed towns as mountebanks, drew teeth with a touch, wounded whole armies of rebels like Almanzor. ^ Nobis. — No, no. Valour is none of his talents. He marches indeed equipped with a sword, but it is only for ornament '. 4 Letters and Speeches of Cromwell (1850), i,, 227. 6 SIR ROGER L'ESTRANGE attention of Newcastle from the north. The New Town, divided by the Ouse from the more exposed Old Lynn, was capable of a strong defence. The families in the neighbour- hood, bound together by social ties, were predominantly loyal. In its vacillating fortunes it resembled Crowland in Lincoln — a Puritan town surrounded by a cavalier gentry. While its ordinary magistrates were enflamed with zeal for Parliament, they were overawed by the zealous royalism of the neighbouring landed families, among whom there were not a few staunch Catholics. At the beginning of the war Lynn was held for Parlia- ment. To provide for its defence brass cannons were brought from London, its walls were strengthened, and the services of Christian, an engineer of some skill, requisitioned to direct the work. At the same time, following the example of Col. Cromwell not far distant, Capt. Slaney exercised the Parliamentary volunteers in the market-place, much to the disgust of the gentry alluded to. In this he was aided by the two stout Puritan members for the borough, Messrs Toll and Percival, who, by the general example of the Commons, came down to assist the magistrates in holding the stronghold for Parliament. The two godly ministers of the place, Arrowsmith and Thoroughgood — whose quality is vouched for by the fact that they both found a place in the Westminster Assembly of Divines — leant their by no means despicable aid in inciting the townsfolk to do their duty. Mayor Gurlin was a strong anti-Parliamentarian, in which persuasion he was opposed by his fellow-counsellors, among whom May and Hudson were most prominent. It is not to be supposed that the neighbouring loyalists looked on these preparations with indifference, or that they were powerless to raise up a party for the King, even within the walls of Lynn and in the Council. Dame Alice's book shows a perfect correspondence between Lynn and Hunstanton, and the frequent expenses of the disguises adopted by the knight in entering the town are carefully noted, besides more ominous storing of barrels of gun- powder ^ Sir Hamon and his three sons, Sir Chas. 1 This is for July 1643, a month before the coiip. What with messenger and spy service, munitions, and disguises for ' Mr L'Estrange to avoid the troopers ', a considerable amount must have been expended before Lynn was seized. Kingston, p. 274. EARLY CAVALIER DAYS 7 Mordaunt, Lord Allington, Sir Eobt. Grey de Wark, and the Catholic family of the Pastons, formed a powerful party without and within, and only awaited the turn in affairs which should make a successful attack possible and profitable. This turn came with the spring of 1643 when the magnificent forays of Viscount Camden on the eastern border of the Association terrorised the whole country south of the Wash and even London. The movement spread into Lincoln which was held on much the same uneasy tenure as the northern parts of Norfolk. Crowland — described by Vicars as ' a scurvy Dunkirk to the Parlia- ment both by land and water too ' — was taken, and with it such an extension of the King's party in South Lincoln became possible as made it imperative for Cromwell despite the local and shortsighted obstinacy of the other elements of the Association, to advance to the relief of the strong- hold, and thus drain Norfolk and Cambridge of Parlia- mentary forces. This gave the Lynn faction the opportunity which they were not slow to seize. Lynn was taken or betrayed by a party within her walls, her magistrates and clergy — at least the more refractory — imprisoned by order of Sir Hamon who now assumed the command for the King^, This happened in August and was followed almost immediately by the news of Cromwell's success at Crowland and the brilliant rout of the Cavaliers in the affair at Gainsborough which historians take to be one of the most critical in the war. Three weeks passed before Parliament could under- take the recapture of Lynn, and the interval was used by Sir Hamon to store the town with ammunition, largely paid out of his own purse — a serious drain on an already embarrassed treasury '\ The ships in the harbour, mounted with culverins, were regarded as an important item of defence despite the news that Warwick with the Parliamentary fleet was on his way to the scene of war. But the Old Town beyond the Ouse was scarcely held seriously. The Town Hall and Market Square became the centre of the royalist defence. Certain alms-houses — afterwards the cause of much vexatious action against the old knight — were pulled down to assist the defence. Besides the ship cannon. Sir Hamon boasted, 1 Barrington MSS. {Egerton, 2647, f. 138). 8 See the accounts already referred to ; Kingston, ^. 294. 8 SIR ROGER L'ESTRANGE according to one account \ 40 pieces of ordnance, 1,200 muskets, and 500 barrels of gunpowder. That Lynn was regarded as of first importance by both sides is shown by the dispositions made for its recovery, and by the attention it attracted in these months of August and September. As the weeks passed, the Oxford loyal journal, Mercurms Aulicus, anxiously praised the defence. Vicars ^ raised a song of delight when the * brave town ' at length capitulated after a six weeks' siege, while on the failure of Roger's attempt in December following, Rush- worth, Vicars, and Whitlocke consumed several pages in an exhaustive account of that adventure. Its recovery indeed had for Parliament as much importance as a critical bye- election to a Government, for in the West in these months several towns had been lost, and ' being a most impregnable place ', writes Vicars, ' by natural situation and a maritime or sea-town which having in it a most brave shipharbour . . . it was at that time a mighty and only interruption of the noble Earl of Manchester's opposing of Newcastle's Popish army in those northern parts ' ^. The hope of the besieged and the dread of the besiegers was that relief might come from Newcastle by sea. Capt. Poe, who was skirmishing around with some Essex troops before Manchester came up, wrote to Parliament, that 'if relief from the sea can be prevented they can't hold out more than 5 days although they have 40 pieces of ordnance and can get more from their ships ' *. In the third week of August, Manchester with 3,000 horse and 1,500 foot — many of them however of the bad Essex levies — Cromwell and Hobart sat down before the place, while Warwick completed the blockade from the sea. Cromwell's share in the action was confined to the earlier stages, and after taking part in the storming of the Old Town^, the rest being merely a matter of 1 Capt. Voe—Barrington MS. quoted by Mr Kingston {Egerton, 2647, f. 138), 19th August 1643 — 'marvels very much considering of how great consequence that Town is, and the people that are in it being the chief malignants and recusants in all these parts ', that there are ' no forces more raised by the Association '. ^ Burning Bush Not Consumed. " Ood in the Mount, p. 413. Mercvrius AuKcus has similar confident refer- ences to its strength. See p. 476, Tuesday, 29th August, 4 Barrington MS., quoted above, 5 Mercurius Aulicus 3rd September, p. 488 — Manchester sustains many losses ; 15th September, p. 514 — Old Lynn is taken. EARLY CAVALIER DAYS 9 waiting, he hurried off to a more anxious scene — that of his recent victories in Lincolnshire, where once more the King's party had taken advantage of the Lynn distraction and the drain on the Parliament in the west, to seize Crowland and South Lincoln, now once more wholly in their hands, much to the satisfaction of Mercurius Aidicus. ' Shortly after, also nearly about the 14th " September 1 643 ', says Vicars ^ ' came certain intelligence to London that the brave and strong town of Lynn-Regis, in the county of Norfolk, which had been besieged for about the space of a month by the noble and as virtuous as valiant E. of Manchester, and having been surrounded both by sea and by land, and much infested by our ordnance from old Lynn and utterly hopeless of relief by that impious Popish Earl of Newcastle, and then at last brought into much danger and distress every way and fearing now at last a terrible storming of the Town (which, indeed, was firmly resolved on), . . . they therefore resolved to surrender upon fair quarter and satisfaction'. Vicar's 50 piece of ordnance and 20 barrels of gun- powder taken, is rather at issue with Capt. Poe's 600 barrels, etc., unless we take it that an extraordinary amount had been used — which seems unlikely, for there was no storm. The excess may have been destroyed, all or most coming out of the pocket of the Squire of Hunstanton. The terms of surrender, which Vicars hints at, and the means by which they were vexatiously evaded are interest- ing and typical of what happened in a hundred like cases on both sides. They also explain the impoverishment of a noble house and illustrate the local feuds which more than pitched battles are the special scourge of civil war. Manchester had permitted Sir Hamon and his forces to march out, as Vicars says, on fair terms, and to disperse themselves where they saw fit. Young Roger reported him- self with many others at Newark ^, and ultimately drifted to Oxford on the delusive scheme we are presently to describe. The old knight retired to Hunstanton and in Mr Kingston's words ' tried hard not to offend Parliament '. We shall find ^ Ood in the Mount, p. 412. See Charles Parkin's History of Lynn (1762), for a map of Lynn and a list of mayors. 2 Observator, June 1684, vol. ii. No. 80, and Humble Apology to Clarendon, p. 4. 10 SIR ROGER L'ESTRANGE that he did offend Parliament so late as 1648 by a very modest entertainment of some escaped loyalist prisoners in that year \ But in the meanwhile the account books of the Lady Alice show not only the regular draining of the wealth of the Association for maintaining the war, but also how the process of impoverishment of royalist estates went on, and how hard it was when a rich man had once offended against Parliament so openly as Sir Hamon had done, to ' purge ' himself and his estate of that offence. The order of 2nd May 1643 — among others — for seizing houses, goods, and chattels and malignants in the Eastern Association was sufficient warrant for almost any spoliation, but there were other irregular assessments which came particularly severe on ' unpurged ' cavaliers. In Dame Alice's book we find heavy levies for Sir Thos. Fairfax, for the Eastern Association, to ' the rate for all garrisons ', ' for the reducing of Newark ', ' money for the Skotts ', which Sir Hamon paid not only for Hunstanton, but for his estates at Heacham, Eingstead, and Sedgeford. When added to these came the claims of the worthy magistrates of Lynn, and for special damages from the members for the borough — and their wives — whom Sir Hamon had been obliged to imprison during the siege, we can understand the bitterness that invades his and his son's mind. And when on 9th December 1643 an order of the House came down setting up the very claimants and enemies as assessors of the damages they claimed, it appeared that Parliament did not scruple to repudiate solemn engagements entered into by her generals in the field. The order has been preserved in Husband's Collections ^, 1 H.M.Q., 7th Appendix to 11th Eeport, p. 103, 9th October 1648. Sir Hamon L'Estrange ' understands that Toby Pedder (whom he has not made chief constable to repay him with malice and ingratitude) has given information con- cerning some clandestine favours shown by him to some soldiers of the King's party lately landed at Heacham '. 2 Historical Collections, p. 396, 9th December 1643. An order for giving satisfaction to the well-affected of King's Lynn : ' Forasmuch as the E, of Manchester in his articles of agreement with the town of King's Lynn remitted their offence in reference to himself and his army while he lay before the town, but touched upon no private injuries done by the Malignants to the well-affected ... it is ordered that Col. Walton, Governor of K. L. , Master Percivall, and Master Toll, M.P.'s, shall examine what damage hath been done . . . and have power to sequestrate so much of their estates and assign it to those that have been damnitied'. Worse still is the direct repudiation of November 1651. 'It does not appear after search in the Records of Parlt. 1643-9 that these articles were ever confirmed '. E.M.C., 7th App. to 11th Rept., p. 104. EARLY CAVALIER DAYS 11 and has a pathetic counterpart in several entries iXi Dame Alice's book ^. May 1644 — paid to Toll and wife for imprisonment . £50 „ 1645 — paid to May, Wormell, &c., for their pretended losses . 225 11 As to the awards of the Commissioners mentioned in the note below, we find two significant entries: — Aprill4, 1645— (1) To the town of Lynn for the Town Houses that were pulled down, and the governors took away all the materials, yet by his order we pay . £95 13 10 (2) To Mr May, Mayor of Lynn, upon an unjust order made by Mr Miles Corbet, Mr Valentine Walton, Gover- nor of Lynn, for the pretended loss sustained as they falsely suggest, by the command of Sir Hamon himself 47 13 4 The last - named damage was probably the work of Manchester's artillery ^. Sufficient is here detailed to show that L'Estrange had peculiar reason twenty years after for publishing in his Reformation Reformed^ a complete list of Parliamentary orders and sequestrations out of Scobel and Husband. When we are inclined to judge his undying bitterness harshly, we should remember the treatment meted out to his family. Such considerations determined him on the next adventure which so nearly cost him his life, and from slanderous accounts of which he had to defend himself at intervals during the next forty years. The game of hide-and-seek played by the cavalier gentry of Lincoln and Norfolk between Crowland and Lynn gives those two strongholds a measure of their importance. We saw that Cromwell had to take off the horse in the later stages of the siege of Lynn, and carry them into Lincoln, which was almost lost to the Parliament by movements determined largely by affairs in the West. On 5th October 1 EastAnglia, p. 296. 2 Order to pay 18th March 1645 [Reports^ Commissioners, 34, p. 182), the total sum £267, Is. 6d. to be divided between Major Gurlyn, Sir Hamon and Robt. Clench, ' it having been shewn that (they) did unjustly command certain houses and walls in S. Lynn to be pulled down and demolished '. The payment noted by Dame Alice is the half the L'Estrange share. See Husband's Collections, p. 396. 12 SIR ROGER L'ESTRANGE Crowland had fallen to the King's party, and four days later Manchester, having left Col. Walton in charge of Lynn with some discontented and ill -paid Essex levies, joined Cromwell in that series of sharp engagements which regained Lincoln, but left Crowland desperately obdurate in cavalier hands. The prisoners taken in Lincoln were taken to Lynn, thus creating a hope which a certain Capt. Thos. Leoman communicated' to young L'Estrange at Oxford, where he had drifted from Newark as a volunteer in Major Cartwright's troop i. In these circumstances Leoman, who had previously taken the Covenant, approached our hero ^ with a project which did little credit to the cunning of either, unless, as is suggested by Vicars, the covenanting captain was traitor from the beginning ^. Besides the evidence handed in at the Court-Martial, we have various accounts of this affair. How singularly Roger was left to make his own defence then and after, is shown by the fact that we have only his own story to set against half a dozen hostile accounts. The one piece of evidence which was incapable of being contorted was his precious commission * signed by ' apostate Digby ', for the King, the result of L'Estrange's importunacy at Oxford. As to the other circumstances, especially those relating to Leoman, his enemies were divided between the desire 1 Lords' Journals, vii., 119a. 2 The Court- Martial ' certificate ' demanded by the Lords says nothing of Leoman apj)roaching L'Estrange at Oxford, and makes the seduction entirely Roger's affair at Lynn — an important point. 3 Hardly likely in the absence of personal malice so far as we know. Roger's own explanation — he did not know of Leonian's having taken the Covenant — that the fall of Crowland in the first week of December and a week or so after the date of his commission, determined Leoman to play the traitor, seems far likelier. That the cavalier was ' gulled by a dull roundhead ' is but too evident. 4 E. 21 (31), quoted in full ; Kingston's East Anglia, p. 184 ; Rushworth, 1692 ed., vi., 804. Dated 28th November 1644, Charles Rex — After the preamble referring to ' our well-affected subjects of our country of Norfolk and Suffolk and particularly of our Town of Lynn ', and ' our trusty and well-beloved Roger L'Estrange ' the terms of the Commission run : — (1) That in case that attempt should be gone through withal, he, the said Roger L'Estrange, shall have the government of the place. (2) That what engagement shall be made unto the inhabitants of the said place or any other person capable of contributing effectually to that service, by way of reward, either in employment in His Majesty's Navy or Forts, or money not exceeding the sum of £5,000, the service being performed shall be punctually made good unto them. (3) That they shall in this work receive what assistance may be given tiiem from any of our nearest garrisons. EARLY CAVALIER DAYS 13 to make the chief figure in the fiasco a ridiculous meddler, and to render him base, as one who extorted a commission from 'the good King' by false pretences. In any case he was the veriest gull of ' a brace of blackguards '. 'About November 1644', says one hostile account^, *the Town of Lynn being in the rebels' hands, the gentleman you wot of, pretending abundance of interest there (when indeed he had none at all), procured a commission from His Majesty to reduce it, graciously promising him the government of the Town, if he could affect it, and payment of all rewards he should promise not exceeding £5,000, &c. The hair- brained undertaker could think of no other way to reduce it, but by sending for one Capt. Leoman of Lynn (one that had taken the Covenant and a known zealot for the rebels' cause), to a papist's house 2 or 3 miles off and very discreetly blunders out the business, shows him his commission, promises him £1,000 and other preferments if he would betray the Town 2, adding that " the King did value the surprising of that town at half his crown ", a very likely tale. Leoman, perceiving what a weak tool he had to deal with seems to comply ; but the same night acquaints Col. Walton and (according to promise) meets our skulking town-taker next day, but carried with him a corporal in seaman's habit, to whom he also frankly showed his commission. ' In the meantime Lieutenant Stubbing and five soldiers habited like seamen came from Lynn to the house, and then the disguised corporal seizes our gallant undertaker, who tamely surrenders both his person and his com- mission ' ^. Vicars' account, which is, with certain additions, sub- stantially the same as that given in Rush worth*, adds to the promises that ' within 10 days after certain notice that the Town was reduced, his Majesty would send a sufficient 1 Tlie Loyal Observator, printed by W. Hammond, 1683 {Har. Misc., vol, vi.). - Burning Bush Not Coiisumed, pp. 78-80. Probably a gloss on the last promise in L'Estrange's commission : ' When our said Town shall be reduced ... we shall forthwith send thither such a considerable power as shall be sufficient to relieve and preserve them '. ^ We need scarcely refer to Harry Care's slander to the effect that Roger was taken in Lynn whilst on a visit to his mistress. Observator, i., 61. ■* Rush worth, vi., 804-8. The latter adds that Roger was taken to London on 19th December, 'brought to the door of the House of Commons, and com- mitted to the Provost-Marshall, and this Ordinance (reference to Court-Martial) made concerning him '. 14 SIR ROGER L'ESTRANGE power to their relief, and that those forces should be under the command of Lord Goring '. In his defence Roger made it a strong point that Leoman was not of the enemy, and that Hagar — the other of the ' brace of villains ' — though one of the garrison, represented himself as, if we may trust Vicars here, ' a poor man living in Fisher's End in Lynn and kept an alehouse, that he was £40 the worse for the Roundheads'. There are other circumstantial details in Vicars and Rushworth, as that of the arrival at the lonely house of the five disguised soldiers ^ 'apparelled like ship -broken men, who, banging to the door, and somewhat boldly getting within the courtyard of the said house, being so ordered by the Governor, who, as soon as they were up to the door of the house, the gentlewoman of the house came running up to Mr Strange and told him there were 6 or 7 poor soldiers come from Lynn begging. Mr S. presently sent them down a shilling and wished them to be gone, and Mrs Paston went down to bar the door, which Capt. Leoman seeing winked upon the said corporal then present to lay hold on Mr S., which instantly done he gave a stamp with his foot by which the lieutenant knew what he had to do, whereupon Mr S. seeing he was betrayed, conveyed his commission to Capt. Leoman (out of the frying-pan into the fire), then the lieutenant, not taking notice of the person of the Capt. as known to him, or on set purpose to ensnare S. did first attack Mr S. as an enemy to the Commonwealth and demanded his name, which he refused to tell ; then he required his business, but he denied to have any, etc.'. The points in dispute in the various stories are so trifling and the case so complete, that the judge-advocate at the trial produced no witnesses, relying for a conviction on the cavalier's own story. This trial by Court-Martial was ordered by Parliament, and whilst the Court had, no doubt, the ordinary powers of such courts, its commission was defined by certain articles which made no direct mention of spies — a circumstance which opened the smallest loop - hole to the distressed cavalier. So his demand for the authority of the Court to try him was met by the production of the Parliamentary ^ Vicars, ihid. EARLY CAVALIER DAYS 15 order ^ His appeal to honourable precedents, his absurd contention that he was not taken within the enemy's lines, were items of a gallant but futile defence. Some contradictions appear in his own later narratives. The first day of the trial was the 26th December, when he declares he asked for some time to prepare his defence. Yet in the same breath he complains that the trial was not concluded the same day because it was perceived that a majority of the Court was friendly. On the 28th — exactly a month from the date of his ill- starred commission — the Judge-Advocate having meanwhile been changed from Sir John Corbet, who was friendly, to the hated Dr Mills, and the Court having been augmented or packed '^, Roger's elaborate defence was refused a hearing, and at 11 o'clock at night the Court brought him in guilty. He was condemned to death by hanging — the date fixed being 2nd January, the day on which the Hothams suffered and the authority of the Court expired. In regard to this trial it should be observed that the Court was not an ordinary Court - MartiaP, but specially appointed by Parliament with fixed articles to deal with a batch of exceptional treasons which were symptomatic of the doubts and uncertainties of this year. The most outstanding of these was that of the Hothams, father and 1 Order of House, 19th December, communicated to the Court - Martial, 21st December, Lords' Journals, vii., 107« : 'that Mr Roger L'Estrange be referred to the Commission for Martial Law to be speedily proceeded with accord- ing to the course of Martial Law, for being taken with a commission from the King for delivery of the Town of Lynn to the King and endeavouring accordingly to do it '. The reason for haste was that the commission expired on 2nd January. See his Appeal from the Court- Martial to Parliament, 7th April 1647, E. 385 (21). Judge- Advocate. — 'We proceed only upon his own confession, and there being no witnesses against him, we take the case as he hath set it forth. The gentle- man might have saved a labour and not limited the power of the Court, for they proceed upon a Law common betwixt the enemy and us '. 2 ' I was (in effect) tried by one Committee and sentenced by another '. Truth and Loyalty, p. 38, and Appeal from the Conrt-Martial to Parliament. 3 Husband's Collections, p. 29. Appointed after many conferences between the Houses 16th August of this year, its commission to run for four months. Its powers, therefore, expired, as Mills explained, on 2nd January. L'Estrange was wrong when he said none of the articles of their commission touched him. The second certainly did. As to the Court, twelve of the commissioners, three of whom must be officers, and one Sir Nat. Brent, formed a quorum. Among L'Estrange's friends in the Court were Northumberland, Sir Edward Baynton (to whom in his Apology (1660) he appealed as to the truth of his account of the Court-Martial trial), and Sir John Corbet. ' I never believed Sir John Corbet my enemy, and so I leave his name as fair as I found it ' {Appeal from Court- Mariial). Sir John Evelyn in the House seems to have been friendly too. Lords' Journals, vi., 119«. 16 SIR ROGER L'ESTRANGE son, who had not L'Estrange's fortune to find a strong party in the House to intervene between judgment and the scaffold. It was natural for L'Estrange to make the most of his case, but he probably had in mind an exact parallel in that of Robt. Yeoman, executed in the spring of 1643 by sentence of Court - Martial at Gloucester for an attempt on Bristol. Yeoman, too, had one of those commissions which Digby scattered around, and George Teage played the part of Leoman in the piece. There had been the same lurking about, and attempts to seduce men from the other party. There were later examples as that of Sir Alexander Carew and the attempt to betray Plymouth. The setting up of the Court at Guildhall in August 1643 was the result of the angry feeling aroused in Parliament by the frequency of these Royal Commissions which we must admit with the Judge-Advocate to be wholesale bribes to treachery ^. There were, besides the order of the 18th August establishing the special Court - Martial, several orders of the House, one as recent as 18th October, and one of the 10th April which laid down in the clearest possible manner that ' whatsover person shall come from Oxford or any part of the King's army to London or the parts adjacent, or to any part of the army under the command of the Earl of Essex, etc., without the warrant of both Houses of Parlia- ment, or of the Lord-General the Earl of Essex, shall be apprehended as spies and intelligencers, and proceeded against according to the rules of war'. The extraordinary thing is that L'Estrange was able to raise any sympathy with his case. He says — and we have no reason to doubt his word — ' that his summary treatment was much resented by members of Parliament and officers who happened to be in Town,' — that the latter threatened wholesale resignations. Their action was doubtless dictated 1 Vicars, ihid., p. 78 : * About the 18th of this month (December) we received certain knowledge of divers plots and treacherous designs of the enemy for the betraying of several towns and strongholds.' The places enumerated are Stafford, Dover Castle, Abington ('wherein Major-General Brown most bravely befooled that furious spark and glittering glo-w-worm of Oxonian wit and base treachery apostate Digby'), Reading, Aylesbury, Plymouth, 'all these about the same time'. For the case of Abington and Digby's attempt to seduce Brown from his loyalty, see Rushworth, vi., 808, and the other side in Mcrcurim Aulimcs for 30th December 1644, p. 1322. No mention of L'Estrange's case is made in Mercurius Aulicus. / EARLY CAVALIER DAYS 17 in the first case by a natural dread of reprisals and on the part of the high persons who moved in the affair, by local ties and respect for an ancient family, and possibly also by that circumstance which the condemned himself pleaded — his youth. Late as the hour was when Roger received sentence, he retired to his prison to write certain remarkable letters. His hopes now lay with Essex and the King. In his budget to the former accompanying a letter of intercession^, he enclosed : — 1. A petition to Essex which states that 'He is con- demned to death under the article which condemns to death any one who attempts to betray a town to the enemy ; he cannot understand how this article can refer to him who has ever been of the King's party '. 2. A printed copy of his commission. 3. His defence, which is in brief — that there are many honourable precedents for his attempt on Lynn. This was a copy of the paper he threw among his judges when they would not hear him. To the King at Oxford he sent the same night a similar plea, the answer to which, dated Oxon, 1st January, must have come too late 2, but for a final appeal which he addressed to the Lords on the last day of December. Prince Eujpert to the Earl of Essex. ' Oxon, 1st January 1644. ' My Lord, — The occasion of my sending unto you at this time is the Report of one Mr Roger L'Estrange, his being condemned to death at London upon a charge of having undertaken somewhat for the reducing Lynn to his Majesty's obedience. If the person be found guilty of any treachery as having been engaged anywise on your side, I shall not interfere. But if not I should be very sorry that any bloody examples should be begun at this season 1 H.M.C., App. to 6th Rept. — Calendar of House of Lords — pp. 38a, 39a. See also Ohservator, ii. , 80, for L'Estrange's version. 2 The Hothams v/ere executed at 9 on the morning of 2nd January. Rupert's despatch could not reach Essex till late on the night of 1st January. There was then no time for the conference which must have taken place, and Essex was scarcely likely to act alone in the known temper of the Commons. Rushworth (vi., 808), however, mentions the timely appearance of a trumpeter from Oxford. B 18 SIR ROGER L'ESTRANGE contrary to that fair quarter which hath hitherto been observed on his Majesty's part in this unhappy war ^. For a particular conclusion of which no man prays more heartily than — Your Lordship's servant, 'RUPERT'. Meanwhile his life hung on the petition to the Lords of the 31st December 2, and here we see something of the violent struggle which in the case of the Hothams^ terminated fatally at Tower Hill on 2nd January and in L'Estrange's case was at last successful. The Commons as was natural were the more rigorous, and had on the morning of the 31st adopted their usual plan of deferring all private business for ten days. ' Upon my Appeal \ says L'Estrange *, ' the Lords ordered a reprieve and that the judge-advocate (Dr Mills) should bring up my charge to that House; Mills appeared, but excused himself as to the charge of want of time to draw it up. But it should be ready in two days. What (says one of the Lords) is the gentleman condemned to die and his charge not yet drawn up ? You don't intend to execute him in the interim? My Lord (says Mills) the warrant is out for his execution to-morrow. How dare you do this (says a noble Lord) when this House has reprieved him till further order ? My Lord (says he) I have an order from the Commons that no reprieve shall he alloived without consent of both Rouses. Hereupon the Lords demanded a conference and with much ado obtained it ; but upon the first mention of my name, the Commons interposed that the House had that morning passed a vote, that no private business should be moved for 10 days. So that I was hampered both ways — First the Lords alone could not save me, and secondly the Commons would not join with them ; but however (after a violent struggle), I was reprieved for 14 days and from 1 ' Prince Rupert', says Sir Sidney Lee (art. L'Estrange, Diet, of Nat. Biog.) quoting Boy er, Aniuds, iii., 242, 'is said to have informed Essex that he con- templated reprisals if L'Estrange were executed'. No doubt the passage in Rupert's letter quoted above was responsible for the rumour. 2 The terms of the Petition are excused by his condition, at 27 ' adjudged to die the most ignominious death ; prostrating at their Lordships' feet (he) most humbly implores their Lordships' mercy that he may not be cut off in the prime of his youth, but live to do God and his country service hereafter '. Lards' Joii/rnals, vii., 188a. ^' There had been trouble between the Houses over the reprieve for fourteen days of the elder Hotham. See Oldmixon, i., 270. 4 See Appeal from the Court-Martial (1647), and Humble Apology to Clarendon, The Appeal was reprinted in Tndh and Loyalty Vindicated (1662), p. 38. EARLY CAVALIER DAYS 19 then till further order I must not forget what I owed to his Sacred Majesty, upon the whole matter, whose letter to the General, by the hand of his Highness Prince Rupert threatening a revenge if they took any other course with me than according to the ordinary rules of war, was highly instrumental to my preservation ' ^. The noble friends in the House of Lords to whom L'Estrange was chiefly indebted were Northumberland and Stamford, while in the Commons, where his case was most desperate Sir Henry Cholmondely, Sir John Corbet, Sir Edward Baynton, and probably Sir John Evelyn, were gratefully remembered. Nor was a word of thanks lacking to some of the other side. Somewhere between his con- demnation and his reprieve, he was visited by two ghostly advisers and quondam enemies Messrs Arrowsmith and Thoroughgood, both 'of the synod', i.e., the Westminster Assembly, the former now curate in Lynn in place of the malignant displaced in 1 643, and the latter Mayor of Lynn in 1652. These men came to him in New Prison with offers of life — though in exile — if he would take the Covenant 2. Though he honourably declined, it would be pleasing and not improbable to think of these worthy men, and perhaps members Toll and Percivall as among the commoners who sided with mercy in that ' violent struggle '. Against the other actors in the scene and especially against Tichborne and the man who sentenced him, Dr Mills, he nourished a natural hatred, and when in early Restoration days it appeared that the principle of vae vidis was to be discouraged, Dr Mills as Chancellor of the Bishopric of Norwich offered a target for the indignant Cavalier. Tichborne — and on other grounds as well — he detested ^. Among a mountain of Restoration petitions for restitution and damages we find that of Roger L'Estrange praying 'that his remedy at law against Robert Tichborne and others may be specially excepted out of the Act of Oblivion ' *. 1 Bumble Apology to Clarendon. This version is confirmed by the account. Lords' Jotmials, pp. 118a and 119a. In his notes to Hudihras 1744, Zachary Grey could not resist the temptation to include Roger's hard usage among instances of Commonwealth justice, i., 395. 2 Obsercatar, June 1684, ii. , 80. 3 Tichborne was on the Court-Martial which sentenced him and was identified with the opposition in the Commons to his release. Roger was again to encounter his severity in connection with one of his Interregum squibs. 4 ^.iJf.a, 7thRept. 96&. 20 SIR ROGER L'ESTRANGE On the whole a modern judgment would seem to be that he deserved to die as a spy if not as a traitor, and that he was rather leniently treated by the party to whose disparagement he devoted his long life^. This was clearly the view of Clarendon^. What embittered L'Estrange — and perhaps rightly — was that already even when he lay in Newgate, the hint was being passed round that * L'Estrange was false'. He had taken the Covenant and the pay of the enemy. The Kentish Rising brought this to a head, and his subsequent history during the Protectorate lent much circumstance to the story, but how anybody, except from malice, could invent such a libel in the four years of his sojourn in Newgate passes comprehension. Four years he lay in Newgate. From its dreariness and chains arose the truest Cavalier strain, the Hymn to Confinement, which one would naturally and even on severe literary grounds admit into any collection of Cavalier songs which can excite ' loyal flames ' ^. Years after when Howell advised the disappointed Cavaliers to content themselves with ' a good conscience ', Roger rather sadly remarked that they had enjoyed that boon for twenty years. So early as 13th February 1644-5 our prisoner petitioned the Lords for liberty on the score of health. He had 'an indisposition of health upon him and much streightened in prison '. An order of the Lords for ' such accommodation as may stand with the security of his person' was the only result. Again on the 24th July 1645 'having all the symptoms of fatal and irrecoverable consumption ', his petition for ' the benefits of a better air than Newgate affords', and a desire for a parole of the city were met sympathetically by the Lords, but the Commons were obdurate. 1 See Macray's Clarendon, bk. viii. sec. 284. Never possibly was any man's escape from the gallows so often deplored afterwards. ' All honest men in England wished afterwards he had been executed'. Oldmixon, i., 270. So Lord Lucas' speech in the House of Lords {Ihid., i., 612) ' He deserved of all men to be hanged, etc,'. 2 See p. 21. 3 A Hymn to Confinement . , . to tvhich is added a poem on the same subject hy the famous Sir Roger L'Estrange when in Newgate in the days of Oliver's Usurpation, London, printed in the year 1705, price Qd. It bears also the names of The Imprisoned Cavalier and Loyalty Confined. See Miss Mitford's Recollections of a Literary Life (1859), p. 276. For its authenticity see Appendix. EARLY CAVALIER DAYS 21 Thirty long months he lay in Newgate and then finding no movement for his liberation, he put together and printed some sheets which he entitled An Appeal from the Court- Martial to the Parliament'^ — a tract of ten pages, contain- ing his Commission and the replies of Sir John Corbet to the prisoner's protests. This document may have had sufficient effect to mollify the conditions of his captivity, for next year — that is in 1648 — when things were ripening all round for that futile series of local risings which Eanke names the so-called Second Civil War, Roger slipped out of Newgate, 'with the privity of his keeper' and character- istically made straight for the scene of the greatest danger. Clarendon writing long after rather cruelly said that L'Estrange 'was kept in prison till the end of the war and then set at liberty as one in whom there was no more danger', and mingles with this remark ^ the wise rebuke that 'he retained his old affections and more remembered the cruel usuage he had received than that they had not proceeded as cruelly as they might have done ' ^ This rather tame version of Roger's liberation is probably correct, as it took place in the moment of strong popular reaction to the Royalist side, when loyal pens were permitted almost to monopolise the Press, and bands of apprentices to demonstrate against the Government. It was a moment of weakness and vacillation on the part of the Government, expecting and dreading the defection of the Presbyterians and of the City^ embarrassed by Cavalier plots ^, and very little assured of their own policy. 1 7th April 1647, E. 385 (21). 'After thirty months' patience, at least one hundred petitions (but for breathing room) not so few letters of thanks to your members (only for saying 'tis hard). After all this and more I am told my case is different from other men's. Am I then becalmed in Newgate ? . . , Since that I have awaited my promised hearing and can now expect no longer, being at this instant reduced almost to my first principles by a consumptire, hectic temper '. See also a (printed) letter to a member of Parliament 1646, praying him to present a petition from Roger L'Estrange for release. S. Sh. 669 f. 9 (64). 2 Clarendon would not remember our hero very kindly as the man who stirred up by his Restoration writings all that was embarrassing to the Government, in the attitude of the disappointed Cavaliers. 3 History of the Rebellion (1826), vi., 26. 4 'The Houses fear them, if the Army should be away'. Clarendon State Papers, mh May 1648, No. 2790. 5 Jhid. ' The great bug-beare Plot lately discovered '. Hence the Proclama- tion against Cavaliers which sent them swarming into Kent, to the annoyance of the Kentish men. 22 SIR ROGER L'ESTRANGE The premature rising in Kent helped them to make up their minds. For obvious reasons Clarendon represented that and simultaneous revolts as solitary and unorganised outbursts of the popular will. But though they were certainly ill- organised and their bias altered to suit the loyal interest, the Cavalier leaders had perforce to attempt some sort of leadership when they did appear. The story of the London tumults and the Canterbury Riot leading up to the events of May and June 1648 have been too exhaustively related by the modern historian ^ to need anything here but the barest outline of the main events, with a more particular account of L'Estrange's eccentric part in the movement. And first of all Clarendon's portraiture and account of his conduct may best appear here. 'Mr L'Estrange', he says^, 'was a man of a good wit and a fancy very luxuriant, and of an enterprising nature. He observed by the good company that came to the house (of Squire Hales at Tunstall, in Kent) that the affections of all that large and populous country were for the King. He began to tell Mr Hales " that though his grandfather did in his heart wish the King well, yet his carriage had been such in his conjunction with the Parliament that he had more need of the King's favour than of his grandfather's to be heir to that great estate ; and that certainly nothing would be more acceptable to his grand- father or more glorious to him, than to he the instrument of both, and therefore advised him to put himself at the head of his own country, which would be willing to be led by him ; that when the Scots were entered into the Northern parts, and all the kingdom should be in arms, he might, with the body of his countrymen march towards London, which would induce both the City and the Parliament to join with him, whereby he should have great share in the honour of restoring the King"'. In connection with the account which follows, and which might almost lead us to believe that Hales and L'Estrange were the Absalom and Achitophel of the affair, Professor Gardiner warns us that the L'Estrange-Hales part ' can 1 Gardiner, History, xiii., 381-7. 2 Hutory of Rebellion, vi., 27. EARLY CAVALIER DAYS 23 only have been an episode in the full story ' ^. The tendency of L' Estrange to magnify his share in the adventure was natural, so that one reading, first his description (wherein though mention is made of the Earl of Norwich, the whole scheme seems to collapse with his withdrawal from the scene), and then the not very friendly account of Clarendon which omits altogether the Canterbury disturbance and scarcely mentioned Rochester — the Tale of Kent would seem to be entirely a tale of L'Estrange and his rash intrusive action. On the other hand the later Kentish pamphlets so teem with abuse of the unlucky adventurer, that little is dis- cernible for the cloud of suspicion and contumely — which helps also to exaggerate the part which Roger played. But when due deduction is made it will appear that this object of universal execration did thrust himself into a commanding position in the councils of the early and local leaders. His own account deserves the closest scrutiny as being a single defence against many detractions. In the first place it must be observed that his part in the affair was confined to organising the earlier dis- contents, and that his vainglorious rhetoric led him to the penning of certain extreme declarations before any con- siderable body was in the field. The beginning of what Roger calls 'this babel (for it proved but a glorious confusion) ' , was the riots — not con- fined to Canterbury — over the Christmas celebrations which offended the precisians. Whilst the chief fomentors of these disturbances were for over two months lodged in Maidstone gaol, there seems to have been an understanding that no formal prosecutions would take place. But in May, Parliament sent down a special Commission of Oyer and Terminer to Canterbury for the purpose, and special efforts were made to pack the jury — ' none pickt but well affected to Parliament', says the prolix Carter 2. Nevertheless, the jury insisted on returning ignoramus, and not content with this, on the 11th May, met together, and with the help of others framed a memorable petition, the terms of which make it clear that the sheriff^s choice of men weU-affected 1 He is not even mentioned in the Neiosldters of the Clarendon State Papers Collection (Nos. 2790-2804). - Mathew Carter's Most True and Exact Relation of that as Honourable as Un- fortunate Expedition of Kent, Essex, and^Golchesier, printed in the year 1650. 24 SIR ROGER L'ESTRANGE to Parliament was either singularly careless, or the country singularly unanimous for a change of masters. This petition endorsed with a notice of a great meeting of the shire to be held at Blackheath on the 30th was published widely, and subscriptions, which were to be forwarded to Rochester by the 29th, invited. It was, after the event, explained by the men of Kent that the petition was wholly a matter of grievance against the committee-men, but the rush of Cavaliers into the dis- appointed area ' changed the interest '. It is now that L'Estrange, fresh from Newgate, enters. He made straight for the village of Tunstall, where he fell in with the youthful Squire Hales, over whose mind he exercised an extraordinary influence. Young as Hales was in 1648 — he was twenty-two — he had already, with the con- nivance of his grandfather, assisted in the abortive Kentish disturbance of 1643, and for their share in that affair both were committed to custody^. The grandfather, although Member of Parliament and Parliamentary Deputy for Kent, behaved on that occasion with such duplicity that L'Estrange, as reported by Clarendon, was possibly right in representing to the youth that the old man would be as glad as not of his successful intervention now, to secure the estate by effecting a Restoration. Roger's action, beginning at Tunstall as a base of opera- tions, was limited to the fortnight between the Parliamentary order of the 16th May to the deputy-lieutenant's to suppress the Petition, and the night of 1st June when Fairfax occupied Maidstone. When he arrived Kent was seething with discontent, the message of Parliament that the order requiring the suppression of the Petition should be read in all churches having brought matters to a crisis; but especially in the country parts merely formless, though vehement, agitation was observable. From the Manor at Tunstall, the rendezvous of the gentleman of East Kent, Roger set himself to organise rebellion. He was aided by the generous enthusiasm of Hales ^, who seems to have been entirely under his manage- 1 Hasted, History of Kent (1782), ii., 577 ; iii., 94. ^ Whether Hales was chosen generalissimo at the meeting at Rochester on the 22nd or before is not clear. There was some rivalry for the post. 'At first appearance there was some contest who should be general ... at last they pitched upon Esquire Hales (a bird that hath good feathers to pluck) '. See Kentish Longtailes and Essex Calves, 14th June 1648 (Bodleian, Wood, 502, 23). EARLY CAVALIER DAYS 25 ment, and devoted, says Clarendon, as much as £80,000 to the cause. * I found ', says Roger ^, with broad irony, * little to that purpose, much talk of a petition, and the people prone to promote it, but as to the conduct of those inclinations (for ought I could discover) much to seek. No person of quality to avow it. No correspondence to strengthen it, nor (as yet) any commissioners agreed upon for the manage of it ; and this disorder the deputy-lieutenants understood more than enough, who fell in immediately with their troops to suppress it and that with bold and public menaces of violence and severity against the Petitioners, nor were they far from seizing the most eminent of them. 'Opposition they met with none, but in discourse a universal execration to be for ever slaves and a resolve to redeem their liberties if they might he had for asking. But another medium was now to be thought on and who should strike the first blow was the great question and mutual expectation. This was the state of your affairs, when you invited me into an engagement ' 2. In other words, we are to infer that the choice fell on L'Estrange to strike the first blow. But other authorities show that he was not even the first to persuade his pupil to take an open hand, and that the credit of effective persuasion was due to the Earl of Thanet, who ' acted heroic gallantry at Ashford, Holfield and Charing, secured 1,000 men and giving an account of the Rising to Squire Hales, who far more gallantly proceeded than he began, so now when he had made a fair and hopeful beginning and had assured very large assistance from his purse, made a slovenly exit from the scene of honour, and obscures himself beyond the hanging of apostatism. In so much that when he was sought for by his neighbouring gentlemen, whom he had incited by his forwardness, and invited by persuations, the noble Earl was fled to take counsel of his peer the E. of Pembroke ' ^. The nature of the 'public menaces' referred to by L'Estrange is discovered in the statement of Sir Anthony Weldon that ' he would not cross the street of Rochester to 1 Vindication to Kent. 2 Hid., Clarendon (vi., 28-9) gives a specimen of his oratory— 'Mr L'Estrange spoke to them in a style very much his own, and being not very clear to be understood, the more prevailed over them '. ' Cart«r'8 Trneo.vd Kyact Relation. See p. 31. 26 SIR ROGER L'ESTRANGE save one soul that subscribed the Petition ', and the proposal of a gentle alderman of Rochester to hang two of the petitioners in every parish ^ The signal of revolt seems to have been given generally on the 21st. It so happened that on that day the Kentish committee-men were sitting at Sittingbourne, two miles from TunstalP. Roger and his merry men swooped down on them and took the place. Here his lenient treatment of one of the captured committee-men first gave rise to the murmurs that ' L'Estrange was false,' and lost his little company some six or seven men. At the same time he penned the first of a series of rhetorical declarations, which afterwards brought him much detraction ^. A move was made on Maidstone on the 23rd when despite the defection after the second day of a third of their men, they now numbered 400 horse and foot. Previous to this move Roger had despatched invitations to Faversham and Canterbury to join with them. Their answer 'that they would look to themselves' was interpreted by the violent amateur as a repudiation of leadership and co-operation on which the rising was wrecked. But their answer was due rather to the proceedings of the previous day — the 22nd — at Rochester, where a strict engagement was entered on by a great meeting of local gentry, at which the 30th — the day already mentioned in the Petition — was finally fixed on for the rendezvous at Blackheath, and the local leaders assigned their tasks*. One large contingent under Cols. Hamond and Halton marched south to Dover and another body made for Sandwich, where the fortunate apostasy of Capt. Keeme in delivering invitations to the mutinous sailors resulted in a diversion from the sea-board, that proved the most dangerous feature of the rising. The return of part of these bands to Rochester on the 29th — their object having been effected — was well-timed to hearten the rebels especially in their hold on the valley of the Medway, which L'Estrange's action had for a time seriously threatened. ^ Carter's True and Exact Relation, and Clarendon State Papers, No. 2790. 2 They had come from Maidstone, under Sir Michael Livesey, with one hundred horse. Ibid. ^ Vindication to Kent. Thx Declaraiion and ResolvMon of the Knights, Gentry, and Freeholders of the County of Kent. (Wood, 502 (13)). 4 Clarendon State Papers, 29th May 1648, No. 2791. EARLY CAVALIER DAYS 27 That eccentric leader had occupied Maidstone, where he had ' a most effectual reception ' on the 24th. On the same day a party was sent to seize Aylesford on the Medway between Maidstone and Rochester. During the day a superior body of Parliamentarians, which the deputies had got together, was seen to be advancing on Maidstone. Prudence advised pourparlers. Parliament, impressed by the vigorous opposition of the Kentish members to extreme action, had not yet abandoned the attempt to soothe down the revolt ^. Commissioners Oxenden and Biscoe desired to meet the Royalist leader. 'We answered', says Roger, * we could not fight and treat at once. Let us have liberty to discourse. They promised to guarantee us from violence during the treaty'. But it required an alarm and retreat to bring the loyal party to an accommodating temper. In the inglorious retreat to Aylesford they were over- taken by the Deputy -Lieutenant Sir Michael Livesey, and again a truce was mooted. L'Estrange was chosen to represent his people (*an office of too coy a nature with a slippery multitude I was now to learn '), and Sir Michael signed for the other side the document which defined a truce of three days from the 24th (Wednesday) to the 17th (Saturday)^. This agreement was reached at five in the afternoon after a harassing day's alarm and provocation. Its terms are important. Things were to remain as they were, and no troops to be imported into the country from London in the meantime. In addition — and this was the clause which failed to recommend the truce to the insurgents — the Parliamentary Commissioners were per- mitted to go to any garrison save that of Aylesford, which meant that in the most critical three days, they were to be allowed to engage in the work already being too w^ell done by the apostate Earl of Thanet^ of mollifying the 1 Clarendon State Papers, Newsletter, 25th May, No. 2790, quotes the resohition of Parliament to proceed warily. ' They do presently send down some gentlemen to them to desire a forbearance of acting anything further until Saturday. ... I believe they will hardly believe in a Parliamentary promise, who have overreacht them formerly'. 2 A Declaration of the Several Proceedings of Both Houses of Parliament with tltose in the County of Kent now in arms — printed date 5th June 1648 (MS. in margin 29th May), 'They could effect nothing but a cessation from Wed., 24th May till Sat. following, 5 of the clock, during which time the Insurrec- tion did increase to far greater numbers '. ^ Ibid, p. 7. Instructions of Parliament to Thanet in his negotiations with the rebels. 28 SIR ROGER L'ESTRANGE minds of the uncertain countrymen, whose complaints of being seduced by the gentry against the Parliament were already heard on all sides ^. Be that as it may, the cry that L'Estrange was false received tenfold encouragement, and a reinforcement from Rochester which came up just after the agreement was signed, was for repudiating its terms. But the discovery that the enemy how posted in Maidstone was still stronger by one hundred men, made for prudence, and in the event L'Estrange was justified. For the country rose rapidly, and on Friday, 26th May, Deptford and Dartford were occupied for the King, and on the day the truce expired six ships in the Downs declared for the same interest. Rochester gave some recruits, and East Kent most of all. But perdere quos vult JupiteVy hos dementat. Divided counsels, the lack of a leader till the eleventh hour 2, and distrust of the countrymen, neutralised the huge influx of insurgents, caused partly by the news of the triumphant return of Hammond and Halton from Sandwich^. It was here that Roger's fatal epistolary facility was again requisitioned. On the 27th, and while he was still a great man in the movement, he addressed a petition or declaration to the committee at Derby House, couched in the most grandiloquent language of the ' die with our swords in our hands' type*. The day before Fairfax had started for Hounslow Heath, 1 '.The frothy murmur of the giddy multitude ' is the description used by a sceptical correspondent so early as 29th May. Clarendon State Papers, No. 2792. 2 There was no lack of military talent, for, on the news of the Rising, Kent was invaded by Loyalist captains — an added embarrassment. For, 'though persons of skill in the art of war were arrived into the country in no small numbers, yet many of them expecting to be courted into the business not being taken notice of returned back again whence they came '. Clarendon State Papers, No, 2796. ' Most Lords say the Kentish men are very well officered '. See the pamphlet, The Kentish i^a?/re ( Bodleian, Malone, p. 740). '"What men of note have ye now at the Fayre?" "Sir, we have Sir Eobert Tracey, Sir Gemaliel Dudley, Sir John Many, Sir Thos. Godfrey, Sir Jas. Hales, Sir Wm. Many, Sir John Dorrell, Sir Richard Hardresse, Col. Washington, Col. L'Estrange, Col, Hacker, Col. Culpepper " '. The Kentish men ' w^ere annoyed at having any strangers to come amongst them which hath been no small prejudice in their affairs*. Clarendon State Papers, 5th June, No. 2801. •■' Calendar of Clarendon State Papers, i., 424, 4 Quoted in the Declaration of the Several Proceedings, etc. (p, 27 note). Clarendon (vi., 38) says that when Parliament saw L'Estrange's warrants, they were puzzled to know who he was, and that the members for Kent assured them ' there was no such gentleman in that county '—a singular thing when we remember the prominence given to his trial, his late appeal, etc. EARLY CAVALIER DAYS 29 and the Commons referred the Petitioners to the General ^. This communication was received at midnight of the 29th, when the delegates from Essex were still planning with the Rochester leaders for a concerted action ^. ' This grain of paper ', says an eye-witness, * had quite turned the balance '. The men of Deptford and Dartford were ordered to retire on Rochester. L'Estrange, who was doubtless present at this midnight council, either on his own responsibility, or more probably at their invitation as in the other petition, penned a letter to Fairfax breathing the same warlike spirit which ' exasperated the fury and revenge of the army upon the county '. The truth is that the men, who could complain of these defiant letters, were of the wavering type noted by Barkstead in his communication this same day to Fairfax. 'The enemy still continue at Dartford. They give them- selves to be 10,000 strong, but the countrymen lessen every day. These countrymen that are come home do extremely cry out against the gentlemen that did engage them, looking upon themselves as utterly undone, which is the only cause of their coming down, hoping thus to keep their necks out of the halter '2. Another set of recreants enraged L'Estrange. On the same day he wrote the letter to the committee at Derby House he penned a very hot address to the people of London, inviting them, through the Lord Mayor, to throw open their gates and declare for the revolters. The invitation was not ill-timed, but for the fact that the Presbyterians, though hating the domination of the Independents, dared not trust themselves to the Loyalists, while the merchants and bankers 1 Vindication to Kent, and Clarendon State Papers, 29th May, Nos. 2791 and 2800, 3rd to 13th June : ' Their answer was they should receive it from Fairfax '. 2 The Lwd-GeneraUs Letter in Answer to the Message of the Kentishmen, dated Blackheath, 30th May 1648. 3 Some blamed the gentlemen of Kent for irresolution, but all belaboured the poor countrymen. See the wretched poem, Halesiados, A Message from the Normans to the General of the Kentish Forces (Wood, 602 (44)). The hero (Hales) speaks after the loss of Maidstone, and the poet is apparently not aware of his flight :— ' 'Tis true we have lost two of our towns By the remissness of unmanaged clowns Who would no long time Martial order keep Lest by their absence they should lose a sheep '. See Gardiner's History, xiii., 385. 30 SIR ROGER L'ESTRANGE had a like dread of the dislocation of trade and credit ^ The conservative forces of commerce were now on the side of the Commonwealth. In resisting our pamphleteer's eloquence, London earned a life-long hatred. ' The reprobate spirit of that apostate city gusts nothing but murther and rebellion'. Thirty years later part of the indictment of L'Estrange before Charles's Council, which forced him into exile, was a similar attack on the City for new causes, which were still the old. Fairfax's reply was a soldier's letter. ' He was in a better condition to fight than treat ' ; ' as indeed he is better at it ', was the tribute of L'Estrange who never fought, but always treated. On Tuesday the 30th — the day fixed for the Blackheath assembly — a second meeting was held at Burham Heath, on the left side of the Medway, between Aylesford and Rochester. On the former wind and rain-swept day some 400 men had attended. With courage dashed by the elements, they had yet made the dispositions which resulted in the occupation of the Medway valley, the treason of the ships in the Downs and the seizure of the forts on the coast. IS'ow 10,000 men crowded the Heath. But in reality the Fates were more strongly against them. It is true Lord Norwich's credentials were beyond dispute, and thus they were united for the first time under one general. But Norwich was little better than the carpet- knight, Holland, to whom he owed his commission. The army that night was quartered at large in the country. The leaders returned to resume the council of war at Rochester, while Fairfax was outflanking them by way of Meopham, Mailing, and Maidstone. Among the officers who returned to Rochester on the night of the 30th was L'Estrange's pupil in arms, Hales. He did not stay, however, but, regarding the rebellion as now consummated, held himself released from the oath he 1 The attitude of London was dubious. Whilst the trainbands guarded the Houses of Parliament, and the Tower was reluctantly relinquished by the Independents, it was confidently said that the citizen soldiers would not march on Kent {Clarendon State Pajjers, No. 2791), and, on the other hand, would declare for the insurgents on news of their first victory {Ibid., 1st June, No. 2797). On 31st May the City petitioned Parliament to release their imprisoned aldermen and recall Fairfax {Ibid.) _ The sceptical writer of the Newsletter {Ibid., No. 2792) talks of ' great exultation in London because yesterday the Kentish men retreated from Deptford'. Many London prentices were engaged {Ibid., No. 2801). Altogether ' how the City stands affected in this conjuncture will require some logique to tell you ' {Ibid.). EARLY CAVALIER DAYS 31 had taken when L'Estrange and he set out on the eventful morning of the 21st, not to return home till the move- ment was organised^. Roger, however, remained to indite one last epistle to the enemy, this time to the troops under Fairfax — surely a reprehensible course ! ' It was hinted to me by divers to write something of an Invitation and Proposition to the enemy's army promising that their arrears would be audited and paid' — the old game of King's Lynn. Norwich and his men were posted on the historic ground of Penenden Heath beyond Maidstone, when Fairfax made his attack on the town on 1st June. Surely never leader behaved with more pusillanimity. All the accounts go to show that the most he did was to watch the enemy hovering betwixt Maidstone and Rochester ^. L'Estrange by this time had subsided almost into the position of a private volunteer, and deferring to the 'jealously of strangers ' wisely relinquished any general command he may have had during the previous week^ On the 1st June, he says, '7 or 8 of us ' — how his command had shrunk! — '(in chief myself) went thither (to Maid- stone) but found the enemy entrenched. We returned to Rochester to deliberate. I rode over to see Mr Hales and told him Maidstone was lost. He resolved to go to Sandwich with his family. I saw him there and returned to the army. At Canterbury I desired a pass which I got with some difificulty'. Here he in vain implored the committee ' to give another push for it ' *. By this time ' a man might read the fate of Kent without 1 Clarendon {History, vi,, 41) ascribed his defection, perhaps, more reasonably to 'the storms of threats' of his grandfather, and 'the conscience that he was not equal to the charge '. Carter's True Relation {see p. 25) takes the more lenient view. '^ The affair started late in the afternoon of Friday and was contested far into the night, which happened to be very wet. See Kentish Longtailes and Essex Calves, and the letter signed I. T. (E. 445, 42). According to the Newsletter, No. 2801, Clarendon State Papers, 5th June, Fairfax lost from six to eight hundred men, and the town was gained by the treachery of the citizens. ' In the action it was observed tbat the inhabitants were favourable to the Parliament . . . the auxiliaries served very well, and the Keutishmen but slackly '. The fight was bloody, however. {Memoirs of Col. Hutchinson (1885), ii., 146). Gardiner's excellent account is somewhat marred by ignorance of Fairfax's crossing at Farleigh Bridge (two and a quarter miles from Maidstone). See art. by H. E. Maiden {Eng. Hist. Rev., vii., 533) with Gardiner's acknowledge- ment, p. 536. 3 Vindication to Kent. Clarendon, vi., 38, 41 : 'Mr L'Estrange, whom nobody knew ', ' Mr L'Estrange, who had lost his credit with the people ', * Jbid, 32 SIR ROGER L'ESTRANGE an oracle. I repaired again to Sandwich, and hired a boat, and escaped amidst a shower of shot and reach Calais '. Thus ended the famous tale of Kent ^ Although Roger is more scrupulous than other writers of blaming Norwich, there is little doubt that his conduct at Penenden Heath utterly disheartened his followers. Whether L'Estrange — and still more Hales — is to be blamed for anticipating the sauve qui peut^ or not, it is difficult to say. From one source we learn that the latter went home with Col. Archer on the night of the 30th to recruit his purse after a twelve days' campaign, with the intention of returning the next day. But that 'the misfortune of the succeed- ing night obstructed their return. For in the night the Lord Fairfax marching down towards Maidstone . . . about Fairley Bridge easily got over ' ^. The view which lingered in Kent was that Hales first, and the bragging L'Estrange, deserted before the main army had been in any way broken. One cannot deny that as he was foremost in inciting the countrymen to revolt, so Roger was almost foremost in flight. When Kent was settled* his defiant epistles were remembered with their menaces and rhetoric, but after all his answer that the raising of 10,000 in itself goes far beyond the violence of any letter, seems a good one ^. 1 Clarendon State Papers, No. 2804, 8tli June : ' "Sir, the men of Kent are now become Kentish men, their fire is vanished into Smoak " '. 2 ' By a silent and sudden counsel of their own breasts, every man began to think of his particular safety, and in less than 24 hours became dispersed to their several refuges and sanctuaries '. Letter from a gentleman of Kent, 15th June 1648. (Wood, 502). 3 Carter's Tnce ami Exact Relation. 4 Macray's Clarendon, i. , 428. 20th June : ' All is subdued in Kent '. 5 It was attempted to prove rather after than before the event, that the violent Royalists had ' changed the interest from a plain committee war without the least premeditated design against Parliament', to a move in the Stuart game. L'Estrange's epistles, especially that to Fairfax, were censured as committing the petitioners to a rebellion when redress of grievances was all they desired. * Many concluded of a high letter to be written to His Excellency (The L'Estrange Epistle), which others did not approve of as not suiting with their distracted, confused condition and cutting off all overtures of pacification and treaty. Others liked not the peremptory declared engagement into a war '. In these reflections may be found the origin of the maledictions of L'Estrange. CHAPTEK II 1648-60 PROTECTORATE AND INTERREGNUM PASSAGES With the conquest of ' unconquered ' Kent^ — it is curious how false names stick — Koger as we saw looked back from a safe continental retreat with no little disgust at the ' Vanguard of Liberty '. It proved a vanguard of contumely and reproach to him, for scarcely a post but brought letters, newsletters, and printed sheets stuffed with revilings of 'the false L'Estrange'. ' Upon the dissolution of the party \ he says ^ ' I crossed the sea and then I found the main miscarriage of the business cast upon me'. A meddlesome interloper was the view taken of him and his services in Kent by the court of the Queen which was inclined to regard him as the man who had forced their hand before Holland had his London Cavaliers in a state of readiness, and before the Scots under Hamilton had given the signal for advance. Clarendon though bitterly opposed to the Lord Jermyn faction was scarce likely at first to take a more favourable view of the rash Cavalier, who having by inflammatory speech and manifesto helped the revolt into premature being, withdrew from it at the critical stage and carried with him — as was reported — the generalissimo of the local leaders. It was in these circumstances that Eoger betook himself 1 Wordsworth was not alone in celebrating 'unconquered' Kent. See the poem already alluded to, Balesiados, the epic of the Kentish affair. ' Ye for an Impreze on your parcels set That Kentish men were never beaten yet'. 2 L'Hstrange, His Apology, June 1660 33 o 34 SIR ROGER L'ESTRANGE to a weapon which much better suited his genius than the sword. The Vindication to Kent is, so far as we know, liis second effort in this kind and the last sort of composition calculated to help the Royalist cause. Had he observed the silence which became him on the eve of the Restoration under similar provocation, his fortunes had perhaps stood higher with his party as a whole. This pamphlet with its ambitious motto Magna est Veritas et prcevalebit, we have already partly used for the account of the Rising. In the preface he complains, ' I have been 6 months the patient subject of your (Kent's) injurious clamours and 6 eternities had been the same to me, would you but have bounded your intemperance within your proper circle, but to find my name brought upon a foreign stage, my infamy transplanted, pacquets stuffed with your invectives and scandals, and letters despatched express to that ignoble public. Your malice immortal too ... to these indignities let me be pardoned if I render a sane accompt. I know you hate me as the living monument of your ingratitude, as the reproach of your inconstancy'. The charges he had to rebut have been already noticed, viz., his defection after Maidstone and his invective manifestoes. The Vindication to Kent seems to have achieved its object, and above all to have satisfied the Chancellor, to whom and with excellent results he presented a copy in Flanders. He seems now to have been a welcome inmate of Clarendon's house ^ and — if we can judge from a single letter and a phrase — employed during the tedious years of exile to keep alive the 4oyal flames' in the hearts of the exiles^. As to the general effect of the Vindication it is sufficiently clear from the fact that whilst in the next forty years he was compelled from time to time to return to the defence of his conduct at King's Lynn, Kent, but for occasional references, drops out altogether. It is not so clear, however, that on the Continent the 1 ' Under whose roof I have formerly received so many, many benefits '. Preface to Memmto (1662), pt. i. 2 Clarendon State Papers, ii., 212. Hyde to Mr L'Estrange in Germany, ' whatever reports you hear of our master's change of religion, you must be sure that nothing is more impossible and he will as readily die for it as his father did '. PROTECTOBATE AND INTERREGNUM PASSAGES 35 Kentish scandal met with such a universal quietus. The ranks of the exiles were rent by division and jealousy, and the very fact that L'Estrange was welcome at Hyde's residence, coupled with the necessity of finding some scape- goat for the late fiasco, make it probable that the coldness with which he was regarded by a large party began here, and we may trace the cloud of suspicion which gathered round his head prior to the Restoration to the whisperings of this period. With the main band of impoverished Cavaliers, Roger now drifted about the petty courts of Germany. Of his life at this period we know nothing further than that he appeared at the Court of the Cardinal van Hesse — hence a rich crop of later rumours — where his musical ability made him welcome. It was whispered at the Restoration and long after when the question of Protestant or ' popishly- affected ' became the most vital, that it was here that L'Estrange turned Papist, a suspicion which he had the honour to share with his Royal master, but with even less justice. That as a member of the Cardinal's household he went regularly to Mass may be assumed from the fact that when charged at the time of Oates's Plot with being a Papist, he was careful to define the period within which he had not been to Mass, and that period began with the Restoration. That he actually became a Catholic is ex- tremely improbable, not because he repudiates the charge, but because we have evidence of his sincere attachment to the afflicted Church of England. At the same time these warm encomiums of the Catholics, which to his credit he uttered in times when it was perilous to do so, had their explanation in the hospitality he experienced in exile, no less than the friendly relations his family had long maintained with Catholic families of Norfolk. With a view then of that wandering and probably profligate life of the Cavalier, which Mr Airy has so vividly described \ we may leave this dubious chapter of Roger's life and proceed to those events which bounded the period of his exile. The Expulsion of the Rump in 1653 whilst it may have exchanged one form of despotism for another was in itself 1 Osmond Airy, Charles II. ^ a new edition (1904), p. 129, 36 SIR ROGER L'ESTRANGE a not unpopular act. It was especially grateful to the Cavaliers because of the hated exactions of that assembly and because Cromwell was well known to favour a more lenient policy, and even, it was hinted, was not unfavourable to the restoration of the monarchy — in which, however, Charles Stuart should not be king. He not only helped many a Loyalist to climb within the pale of the Act of Oblivion^ (passed at his own desire) but even protected them from the spoliation which that Act still permitted. To see Cromwell first and then the Council of State, became the established road to England for many a dis- tressed Cavalier. The Act left it doubtful whether their persons or estates would be imperilled, and the only course was to return and claim a pardon in the terms of the Act, at the same time submitting themselves to the Commonwealth. The terms of the Act and the bad faith which had been kept by Parliament despite the protests of the army officers, reduced the matter almost to a surrender at discretion. The trial and acquittal however of Lilburne with the irritation, which the necessity for a public trial had caused the Council, rendered it very plain that, except in abnormal cases, a mild treatment was probable. To 'widen the basis of the Commonwealth ' being Cromwell's policy, it is not surprising that London once more became an excellent covert for many Englishman who had not seen it since the days of Colchester and Preston. We are not surprised then to find Roger L'Estrange wending his way back in August 1653. He had how- ever more to fear than he supposed, for his case undoubtedly belonged to the category of exceptional malignancy. In Lilburne's case (in all other respects no parallel) an attempt had been made to destroy him on an old conviction 2. It does not seem to have occurred to L'Estrange that he was still under sentence of death for the Lynn affair, a 1 This Act introduced 3rd September 1651 and passed on the 24th February 1652 excepted out of its free pardon * all and all manner of High Treasons (other than for words only) and all levyings of war, rebellions, insurrections and all conspiracies and confederacies . . . since the 30th Jan. 1648-9 '. Scobel, Acts and Ordinances, p. 180, 2 Gardiner, xi., 244. Lilburne returned to England 3rd May 1653, petitioned Cromwell and the Council, but was committed to Newgate 15th May, three weeka before Roger ventured home. PROTECTOBATE AND INTERREGNUM PASSAGES 37 sentence in no way cancelled by the Act of Oblivion. When therefore on his notification to the Council of his arrival, Strickland informed him that he was excluded from the benefits of the Act, and hinted at a necessary ' change of mind ' which the hero of Kent had no intention of pretend- ing, we can understand Roger's wrathful rejoinder that in that case the Act was a mere decoy to tempt Cavaliers into the hands of Parliament \ The summons to the Council on 7th September proved only the first of a prolonged attendance and surveillance which was peculiarly annoying at a time when the old Knight of Hunstanton lay on his deathbed. In this exigence Roger took the way to Cromwell who, after various disappointments, at last received him kindly at the Cockpit and on this occasion was able to do more for him than at Cambridge ten years before ^. L'Estrange we find by an entry in the Council books of the 31st October, was 'dismissed his further attendance upon the Council'^ and was thus enabled to go down to Norfolk to receive his father's blessing. The occasion must have had even more than the melancholy natural to such a scene. For though the L'Estranges had lost no life to the Civil Wars, they had in another way been exposed to the worst exactions of the Parliamentary tax-collector, and Sir Hamon's last years had been embittered by a process which left him at the mercy of his personal enemies. It was changed days now when Col. Walton, Master Toll (with his injured wife to urge him on), and Master Percivall, were set up by order of the House to sequestrate his estate for damage committed by Parliamentary canon. We have already noted the indiscretion reported by the watchful Toll of entertaining the escaped Royalist prisoners in 1648, for which he paid 1 This angry scene is characteristic of both men. The Cavalier putting himself about to go to Strickland ' the better to dispose him to my convenience ' and the surly Secretary's demur. Whether Roger used the words ' I might have been as safe among the Turks upon the same terms,' or not, it is clear that the other was exceeding the Act when he talked of ' change of mind.' The conversation reported with Cromwell is also characteristic. * He told me of the restlessness of our party, that rigour was not at all his inclination — (but) that he was but one man '. Truth and Loyalty Vitidicated. 2 As his prisoner on his way to the Guildhall Court-Martial, Ihid., p. 49. 3 ' He giving in £2,000 security to appear when he shall be summoned and to act nothing prejudicial to the Commonwealth ' the usual formula for taking which the Court scarcely blamed its adherents. ' I never took any of their Protestations Covenants, Oaths, or Engagements '. Observator (1684), ii., No. 80. 38 SIR ROGER L'ESTRANGE dearly ^. If he found some balm for these civil wounds in trouncing the pious Thoroughgood's Jews in America^ who shall grudge him the pleasure? To such a darkened house came Roger L'Estrange exactly ten years after his own attempt on Lynn, since when he had not seen his family. As he passed along the old road by Cambridge, many bitter thoughts must have crowded on his mind, memories which started with under- graduate dissension at Sidney Sussex, the muster of the N^orfolk levies for the Bishops' War, his riding out to join the King's standard at Newark, his presence under Rupert at Edgehill. But Lynn and Kent must have held the chief place in these depressing recollections. If he had turned aside to visit the old precincts at Cambridge, he must have been startled by the silence and gloom of the place, the new discipline, the interminable prayers, the lack of all liberal warmth^. Turning aside from such possible reverie to the material side of the visit to which he was not blind *, we find that Roger's share of his father's estate, despite all the drains of the last ten years, must by his own confession (of forty years 1 MSS. of King's Lynn. {H.M.C. App. vii. to 11th Kept. p. 103.) See also p. 10, chap. i. In the catalogue of Lords, Knights, etc., who have compounded for their estate 1655 (Wood 455) we find Hamon L'Estrange, Upwell, Isle of Ely for . . £105 Thos. Leoman of Arlesham, Norfolk .... 100 Clement Paston, Thorp, Norfolk 32 10 Sir Robert Paston (returned M.P. for Castlerising 1660) is also here. The Hamon L'Estrange here is the second son of Sir Hamon, the Col. Hamon of the Clarendon State Papers. It is difiicult to understand Leoman's appearance in the list. 2 See his Americans no Jews, London, 1652 — often attributed to his son. 3 At the same time probably much better disciplined. What does the brave Vicars say ? ' Heretofore — he refers to 1645 — that old prelatical slander of the malignant enemies is already confuted who maliciously and falsely give out as if the Parliament were or would be haters and dismemberers of learning and parts, where as they ever aimed at the advancement thereof by a most necessary Reformation and clearing of the University from its old state, etc.'. But the ' slander ' had a lengthy vogue. See Z. Grey's notes to Hiidihras, 1744 edition. The rifling of the Universities was one of the bribes thrown out to the Rye House Conspirators. L'Estrange has, himself {Reformation Reformed,^ pp. 28-82) drawn a black picture of their dealings with the seats of learning which has been rather overlooked. Quoting Querela Cantabrigiensis he afiirma that ' they made most colleges public tippling houses, strong beer and ale being sold as from common alehouses'. Wood has the same story for Oxford. ^Apology, * It concerned me both in point of comfort and interest to see my dying father' can only mean the poor Cavalier was looking to his portion. Nicholas got the main estates, Hamon got Upwell in Ely, and Roger's portion was in money. He had no aptitude to play the country squire. PROTECTORATE AND INTERREGNUM PASSAGES 39 later) have been considerable. For by it he was enabled in the six remaining years of the Commonwealth to live on a grander scale than ever before or after. Hence a crop of slanders which are sufficiently referred to by the nicknames 'Oliver's fiddler or pensioner, and Madam B.'s (Boltinglasse's) baseviol '. The origin of the former title was the occasion of his repeated attempts to see Cromwell in connection with his discharge. If for such a purpose he bribed the secretaries and porters about the Protector and placated Thurloe, it is no objection to his honesty and loyalty. Oliver's calculated kindness when L'Estrange was at last admitted to him was publicly noised abroad, and there is no doubt that bating a decent appearance of detestation of that 'crafty tyrant', L'Estrange always spoke of him with some respect. Of the life which followed his return from Hunstanton and continued to the death of the Protector we have nothing but hints, generally from a hostile source. That he lived in flourishing condition, was able to satisfy his love of music, and went rather freely among puritan companies we can see. ' He kept his coach too ' and there are obscure but re- iterated references to the contributions of Lady Boltinglasse ^ who in the event seems to have exposed him to the laughter of the town. The story of the pension is, of course, absurd but it provoked one picture of a Commonwealth party which is not without interest. Cromwell's love of music is well known and the name of L'Estrange at that period had become rather celebrated for his skill on the viol 2. 1 Could it be the" same Lady Boltinglasse ' a heap of flesh and brandy ' who married Titus Gates in the King's Bench Prison, 1684 ? Aileshury Memoires (1890), ii., 144. 2 As the biographer of L'Estrange will have little occasion to dwell on this softer and more social side of life, it may be desirable to notice his musical skill here. All his contemporaries who speak of him in this connection, do so with appreciation. This was the age of musical clubs before enterprising managers introduced hired music into the bill of fare. Of these clubs — by no means confined to the rich or cultivated — Roger North has given some lively descrip- tions in his Memoirs of Masich, pp. 123-7. See also Hawkins, History of Music, and Grove, Dictionary, ii., 239a. The most interesting episode in Roger's musical career was his recognition and encouragement — in concert with Dr Waldegrave and Under-Secretary Bridgeman — of the great Italian violinist, Nicola Matteis, whose visit to England in 1672 marks the decay of the French variety of music not, indeed, introduced by the King, but at any rate fostered by his band of string musicians. After this date newspaper advertisements begin to give evidence of the Italian conquest. Amid countless gibes at Roger's accomplish- 40 SIR ROGER L'ESTRANGE ' Concerning the story of the fiddle ', he says, ' this I suppose might be the rise of it ; being in St James' Park, I heard an organ touched in a low room of one Mr Henckson ; I went in and found a private company of some 5 or 6 persons. They desired me to take a viol and bear a part. I did so and that part too, not much advantage to the reputation of my cunning. Bye-and-bye, without the least colour of design or expectation, in comes Cromwell. He found us playing and as I remember, so he left us'^ These musical parties which were so greatly in vogue in this period and which endeavoured to form a substitute for the forbidden theatre, must have been one humanising element in a life singularly devoted to party. The stories, told of course by enemies and long after the event, of amours, humiliating encounters with bullies and brawlers, may be ignored, but one charge which also long persisted and which he partly admitted must be noticed. It is well known and confessed with sorrow by Clarendon that the Cavaliers abroad had learned a dissipation very foreign to the days before the War. One of the earliest of the Restored King's Proclamations directed against the evil, gave great offence to a section of his devoted followers, an offence which L'Estrange, ever ready with his tongue, rather rudely voiced. When Bagshawe quoted and exaggerated his admissions of drunkenness and pro- fanity, Roger feebly retorted that it was not for a minister of the gospel to reproach a penitent for former ill-deeds. This can only mean that in the Commonwealth L'Estrange did not * shun the broad road and the green '. The death of his mother (who was a co-heir of Dr Stubbs) in 1656 may have given him a slight access of fortune whereby to continue the riotous life which gave such a weapon to his opponents. The family at Hunstanton indeed suffered of late more by the hand of death than ment — which alone he treated with dignified contempt — we may note even Baxter's mild sneer at his ' musical hand '. Ned Ward {Satirical Jieflections on Clubs, 1709) referring to Britten, the small-coalman's concerts says : ' This Club was first begun, or at least confirmed, by Sir Koger L'Estrange, a very musical gentleman, and who had a tolerable perfection on the base-viol '. 1 Elsewhere ' Truly my fiddel is a base- viol. Instead of my going to Oliver, he came to me. I do profess that I would have made no scruple on the earth to have given Cromwell a lesson for my liberty. But I affirm that I did it not how- ever.' Truth and Loyalty, pp. 47 and 50. Boyer {Qiieen Anne (1722), p. 38) repeated the scandal which thereafter died out. PROTECTORATE AND INTERREGNUM PASSAGES 41 that of the sequestrator. Sir Nicholas, author of the Anecdotes, died at the early age of fifty-two, nine months before his mother, and his heir followed him at an even shorter interval^. These repeated bereavements are unnoticed by L'Estrange, who evinces throughout life a stoical indifference to domestic sorrow which his study of Seneca encouraged. So long as Cromwell lived, there was little opportunity for change except by the hand of the assassin, and people began to wonder if even the Royalists themselves really desired a change. Though the Rising in the north and the conspiracies of Hewitt and Slingsby were regarded as the acts of the more desperate Cavaliers, many Cavaliers were induced to settle down to a moderate enjoyment of what seemed likely to prove a lengthy period, and they practised a sobriety which made their estates flourish ^. ' During the rule of Cromwell ', says L'Estrange, excusing his own inactivity, ' there was small encouragement to form any design unless upon his person. For betwixt divers renegade Royalists and mercenary malcontents of his own party it was scarce possible to act without discovery ; besides that he was quick and cruel (two great advantages over a slavish people). His death in 1658 opened the way most certainly to a change, but that which entered upon it in 1659 was of all others (I think) the least expected'^. Roger has also devoted a chapter (vi.) of his Memento — the most thoughtful of all his works — to the character and policy of Cromwell, 'that glorious rebel' which shows some insight. ' Of strong natural parts I persuade myself he was though some think otherwise imputing all his advantages to corrup- tion or Fortune (which will not be denied however to have concurred powerfully to his greatness). Nor do I pretend to collect his abilities from his words any more than the world could his meaning, save that the more entangled his discourses were I reckon them the more judicious because the 1 Blomefield, x., 83. 2 Oldmixon, i., 496. See in this connection Prof. Masson's list of authors living under the Protectorate [Milton, v., 75). Marchmont Nedham finds a place under ' adherants more or less cordial, while a peculiar outrage has been committed on L'Estrange by tying him up with Baxter as "subject by compul- sion." Otherwise he is in good company with Cowley, Denham, Davenant Evelyn', etc. 3 Memento (1662), pt. i. 42 SIR ROGER L'ESTRANGE fitter for his business. His interest obliged him to a reserve, for he durst neither clearly own his thoughts nor totally disclaim them — the one way endangering his design and the other his person. So that the skill of his part lay in this — neither to be mistaken by his friends, nor understood by his enemies. By this middle course he gained time to remove obstructions and ripen occasions which to improve and follow was the peculiar talent of this monster. 'To these enablements to mischief he had a will so prostitute and prone that to express him I must say, He was made up of craft and wickedness, and all his faculties nay all his passions were slaves to his ambitions. ' After his death, according to the Instrument the Council is to choose a successor and whoever gapes to be the one is supposed to wish the other ; which probably they had rather hasten than wait for ; so that this miserable creature being pained betwixt the hazard of enlarging his power or having it thus dependant and the disdain of seeing it limited enters into a restless suspicion of his Council, and no way to be quieted but by depressing those that raised him\ Of the first of the three parties Cromwell had to fear, viz., the Royalists, the Presbyterians, and Republicans, our author says, ' Touching the Royalists, no good for him was to be hoped for there, but by gaols, exile, selling them for slaves, famishings or murder; all which was abundantly provided for by sequestrations, pretended plots. High Courts of Justice, spies, decoys, etc. Nay (for the very despatch sake) when they should resolve upon the massacre (which beyond doubt they meant us) no cavalier must be allowed so much as the least piece of defensive arms by an order of Nov. 24, 1655, no person suffered to keep in his house as chaplain or schoolmaster any sequestered or ejected minister, fellow of a college, etc. ' This was the only party the rebels feared and ruined ; but for the Presbyterians, they knew they'd never join to help the King, and single they were inconsiderable'. His ' cherishing the army ', keeping the nation in an eternal ferment against the Royalists, setting one party against another and betraying both by a splendid system of espionage — all these 'methods' are duly discussed. As for his ruling principle, 'The Kingship was the lodestar of all his labours'. Private affections he scarcely knew. PROTECTORATE AND INTERREGNUM PASSAGES 43 * 'Tis rumoured that his daughter Claypole in the agonies of his deathsickness rang him a peal that troubled him. Whether 't were so or no 'tis past dispute, his grand dis- tress was for the loss of that which he hoped to gain, and made the most horrid of his sins seem solaces and pleasures '. With Cromwell's death ^ the new scene opened * at night with bonfires, with all the clamour, bustle, confusion, that commonly attends these vulgar jollities. The soldiers took the alarm, and in my hearing threatened divers for daring to express their joy so unseasonably ; but they came off with telling them that they were glad they had got a new Protector, not that they had lost the old. In truth ', adds our loyal historian, ' the new Protector was looked upon as a person more inclinable to do good than capable to do mischief and the exchange welcome to all that loved his Majesty', and so he sums up the character of the son with a very modern estimate. The accession of Richard indeed opened up a chapter of weakness and confusion in which the veriest novice at intrigue or revolt could bear a hand. The part which was safest to the Cavalier was rather by way of petition and secret manifesto, and a liberal use of the Press than of Parliamentary action or open revolt. These they wisely left to the party so scorned by L'Estrange, the Presbyterians. It is an interesting reflection that the great tyrant of the Restoration Press first entered the politico-literary arena in the character of a seditious libeller, and played this at first dangerous part with insistence and skill. But indeed the Press in the seventeenth and even eighteenth century was little more than a party weapon and the term, ' seditious libel ' connotes little more of sedition than a leader in an opposition journal of to-day. Professor Masson has told the story of this Hundred Days^ on its literary side with much information. But so far as L'Estrange is concerned there are of course gaps in the story, and as his action was of some importance in the general movement, it is necessary to describe here 1 On the question whether Oliver's decease was solely responsible for the ruin of the Commonwealth, L'Estrange was decidedly of the contrary opinion. See Memento, chap, viii., p. 40. * It still seems to me that before Oliver died the Cause was bedrid, hectic and past recovery '. '^ 'That bloody crisis,' L'Estrange calls it twenty years after. Discovery 2ipon Discovery, addressed to T. Oates, 1680. Masson, Life of Milton, v. 643-703. 44 SIR ROGER L'ESTRANGE what he actually did. He himself has provided us with a chronology of the Interregnum which for brevity and quaintness it would be difficult to surpass : Sept. 1658. to Apr. 1659. r In September Oliver dies, and tben they are Richard's Army, whose puisne Highness must have his Parliament too. They meet and notwithstand- ing a huge pack of officers and lawyers, the vote proved utterly Republican, and friend neither to single person nor Army. Apr. 22nd f Now Richard takes his turn, but first down goes to i his Parliament (Apr. 22) and for a while, the Army May 9th. { officers undertake the Government. May 9th 'to Mar. 16th. Some ten days later up with the Rump again and then they're Lenthal's Army, which in October 1659 throAvs out the Rump and now they're Fleet- wood's army. Enter the Rump once more in December, and once the army comes about again. The Rump's next exit is for ever, March 11th, 1660. ' Behold the staff of the Rebellion, both the support and punishment of it — a standing army ' \ Whatever may have been the character of the various risings since 1648 and of the premature action of the band of Royalists known as the Sealed or Select knot, in Richard's Protectorate, there is no doubt that with the advent of the Rump in May 1659, the responsible leaders abroad began to think that the period of masterly silence and mere plotting was over, and that the hour for action had arrived, if they were not to lose the opportunity of confusion, and the gathering of Loyalist sentiment. Every fresh failure of the Commonwealth to establish itself meant large accessions to their cause, even from the most avowed Republicans. The despairing Cromwellians or Court-party, it soon appeared, were more attached to single-person rule than to the cause which the last single-person had espoused. General disillusionment was throwing large masses of opinion into the Royalist scale, and London especially was honey- combed with sedition, in part due to the patient labour of the secret loyal clubs since the rise of the Protector. Of the very extended nature of the Rising which has become identified with the name of Sir George Booth, it is un- necessary to say anything here further than that it was 1 Memento (1662), pt. i. PROTECTORATE AND INTERREGNUIM PASSAGES 45 common complaint of its organisers, that the old Cavaliers were far too chary of taking any part in it, because of former miscarriages, and that though the risings were designed to take place in those parts where the King's party was strongest, it was rather the Presbyterian than the Cavalier interest to which they appealed ^. The jealousy of new leaders and former enemies seems to have deterred many of the old party from joining, while if Clarendon's picture of their demoralisation by debauch and sequestration is exaggerated, there is no doubt a certain cogency in the post-Restoration claim of the Presbyterians to some gratitude on the part of the Government, and since no man was better informed of this than Clarendon, we can see how he was likely to look unfavourably on the extreme and indiscreet demands of the old Cavaliers ^. A great weari- ness had come over the Cavalier party, and whilst they were rescued from utter dejection by Cromwell's ' infatuation ' in not assuming the crown and better still by his death, the 1 Evelyn's Apologi/ for tlie Royal Party, 1659. 4th November 1659, E. 763 (11) "Twas wholly managed by some of their own {i.e. the Presbyterians) party, whom the Rump had disobliged'. The Cheshire Rout sounded for the last time the depths of Presbyterian Royalist suspicions. It was truly the result of a ' universal hatred and disdain of their (Parliament's) proceedings, but what by treachery, delays, babling, disappointments, and scruples of taking in the Royal Party (by those that never meant his Majesty or his friends should be the better for 't) the whole was dashed ', Memento, pt. i. The proposal to bring over the King before any port had been secured gave point to these suspicions. Yet L'Estrange was not quite idle. He issued a paper for the occasion calling in the men of London to demand a Free Parliament. See Verney Memoirs, ii., 450-1. ' The only thing that looks like countenancing Sir George is the intended petition of the City for a Free Parliament, as they say. I do not hear of any one Cavalier in all this affair, but that it is wholly on the Presbytery and those that fought and engaged for what they call the good old Cause.' See also Prof, Firth's Ludlow's Memoirs, ii,, 104 et seq. and Clarendon {Contimiation of Life (1761), ii., 35). 2 For the classic dispute between Eachard and Oldmixon as to the claims of the Presbyterians see i., 486-91 of the latter's History. Baxter — says Oldmixon — naturally claimed the conspiracy for which Love died, and the Booth Rising as Presbytery's contribution towards the Restoration, 'all the stir the royalists could make was by spiriting up mobs and mutineers in the City and Camp '. p. 304. By their mean work and false pretences they goad the Londoners on with talk of taxes and liberties, etc., p. 449. ' We are now (March 1660, p. 448) come within a few weeks of the Restoration and we have not a word of the Cavaliers unless from those whom Dr Davenant calls Under-spurleathers. Even in the Prentice meeting of Feb. 1660 (when Monk was called into the City) there is not the name of one Royalist of note '. In a word 'they contributed little or nothing to bringing in the King '. Another touch at L'Estrange who is included under the title Under-spurleather) is given when the Whig Historian takes Eachard to task for omitting 'the immortal Milton and the very witty Marvell ' from his list of Restoration wits. ' As to Davenant and L'Estrange refining and improving our tongue he showed his knowledge in language to be as imperfect as his History,' p. 491. See Eachard, Hist, of Eng. (1720), ii., 846. 46 SIR ROGER L'ESTRANGE treacheries which are associated with the names of Sir Richard Willis and the wretched Francis Corker, and from which L'Estrange did not escape, coupled with the jealousies between the old experienced intriguers and the younger and less wary school, produced between the state of helplessness reflected — to choose one out of many tracts — in L'Estrange's own Appeal in the Case of the Late King's Party ' i. But if fewer Cavaliers assisted in this adventure which had the full privity and approval of Charles and the Chancellor, the party was by no means deterred from other action of the meaner sort indicated by Oldmixon — that is by embroiling the City on the subject of taxation, and by a liberal use of the Press. The ever-ready L'Estrange took advantage of Lambert's withdrawal on 6th August 1659 from London, to set forth the first of a daring series of manifestoes ^. The City was left naked of troops and Roger appealed not indeed for a Restoration, but for what all men knew to carry Restoration with it — a full and free Parlia- ment. Nothing shows more clearly the very small part which the old Cavaliers took in the approaching confusion and the hesitancy to which they were reduced, than the absence almost up to the last of any but covert appeals for the return of Charles. Far bolder but less prudent demands in this direction were made by their old enemies, the Presbyterians. The repression which followed Lambert's triumph has been made much of by Clarendon, but if we follow the fortunes of the fallen leaders, we are rather surprised by the leniency of the Government — a mark of weakness of course in this instance. If Royalist designs were at all interfered with, the interference was momentary, and that facility of communication and propaganda noted by Clarendon as having been introduced on the death of Cromwell, very quickly re-asserted itself^. 1 Not generally ascribed to L'Estrange, but the British Museum authorities are almost certainly right here. See Prof. Firth's Last Years of the Protectorate, i.,206, andii., 69. 2 The Declaration of tlie City to the Men at Westminster. Not in the Thomason Collection. There is also (Bodl., Wood, 567 (46)) a Remonstrdnce and Protestation of the well-affected People of London, Westminster, and oilier Cities, etc., 16 folio pages, with a list of the Parliament men to whom it was to be sent, dated 16th November 1659. It looks very like L'Estrange's work. 3 Eachard (ii,, 849) has various reflections on the conduct of 'this generous undertaking ', which though seemingly fatal to Royalist hopes ' proved a mighty step towards the Restoration '. PROTECTORATE AND INTERREGNUM PASSAGES 47 The ruin of the Royalist hopes, for the moment, carried with it also the exaltation of the army and the fall (also momentary) of the Rump, which was expelled by the victorious General on 13th October. Now came the two or three months of chaos which gave an opportunity for the most extraordinary clash of opinions, speculations, and theories of government which has ever convulsed the English nation. The Press was free not by statute, but by the inability of any one to rein it in. Every morning the hawkers and mercuries of London yelled out news of some new scheme of government founded on Greek, Roman, or Mosaic tradition, news of the latest absurdity of the Rota Club, or the Club at the Bow, while pamphlets, declarations, and manifestoes from Harrington, Milton, L'Estrange, and Prynne, and sermons by Royalist and Presbyterian divines deafened the Metropolis i. The critical moment — if any moment of such a confusion could be called critical — came with that tacit union of old Rump officials with the Wallingford Council at Whitehall, which demonstrated the futility and error of Lambert's action on 13th October, and clearly pointed to the return of the Rump. It was then that the action of the City became important. By the Proclamation of 14th December calling for a Parliament to meet in January 2, not a 'full and free Parliament ', but fettered by all the Loyalist restric- tions of Cromwell's Parliaments, the Royal party and the City — the terms are almost synonymous now — saw that if this Parliament met, all hopes of relief must be relinquished. The order for an assessment of £100,000 per month brought matters to a crisis. Eight days previous to the Proclama- tion referred to, L'Estrange had the hardihood to issue what he called A Free Parliament, proposed hy the City to the Nation ^, this on the very day that ' Hewson's mirmydons ' were riding down the London prentices, and Whitlocke's draft constitution which embodied the views of the Commonwealth 1 Lesley, View of the Times (a collected volume of a paper called the Observator Rehearsed, which begun in 1704 to stem the tide of atheism and particularly directed against Defoe's Refoieio, modelled itself on L'Estrange's old Observator) remarks in its 36th number, that Thurloe told Clarendon after the Restoration that * though they were possessed of the People, the Power, and the Army, yet they lost all in a moment. The chief cause of which he attributed to the books and papers wrote by the Cavaliers which, though fewer in number than those on the other side, yet were far superior in strength of reason '. 2 669 f. 11 (24) Bod. 3 Dated 3rd January in Thomason Collection, 669 f. 22 (56). 48 SIR ROGER L'ESTRANGE lawyers and Savoy clergy was submitted to the Army Council at Whitehall. The constitution granted no wide toleration ; it maintained the present Church establishment out of the tithes, and it saddled the country with single-chamber legisla- tion and rule. How intensely disappointing it was to the nation may be seen from the fact that it was equally dis- tasteful to Milton (because of the establishment out of the tithes and perhaps because of the measure of popular election it gave) and to L'Estrange for whom — and his party generally — nothing but a full popular election could at that moment bring about a complete abrogation of popular government, which they desired in the form of the Restoration. Meanwhile in the manifesto of 12th December \ Roger had seized, probably with an eye to Monk, news of whose arrival at Coldstream had just come out, on those elements which were most embarrassing to the Government — the defec- tion of Hazelrig and Morley at Portsmouth. Particularly he set himself to fan the disorder and resentment of Hewson's rough handling of the petitioners which had appeared the day before in the City. For the only time in his life, L'Estrange could think of the London rabble with approbation. That passage in Clarendon ^ which recalls a similar passage in Tacitus, where the Chancellor relates and deplores the anarchy of the City ' when father and son engaged themselves in the contrary parties — and the blood of the master was frequently the price of the servants' villany ', indicates the kind of muddy waters which L'Estrange had now to stir up in haranguing the apprentices into revolt. ' The City is grown so impatient of the soldiers that it is feared they will suddenly break out into an open violence upon them; they have already entered into a solemn engage- ment to that purpose'. So reads the preamble to the document of the 16th December^, and the engagement is of rather a startling nature. Nothing less than the setting 1 Engagetnent and Rem-onstrance of London^ subscribed by 23,500 hands. 12th December, 669 f. 22 (18). 2 Continuation, ii., 39. 3 Final Protest and Sense of tU City, 16th December, 669 f. 22 (26). 'This sheet gave great offence to the saints, particularly to Tichborne.' {Apology). On 20th December appeared a declaration by the Common Council vindicating the Lord Mayor and others from certain scandalous aspersions contained in a pamphlet entitled The Final Protest, etc., 669 f. 22 (32). A Proclamation of the Council (16th December, 669 f. 22 (25)) banishing Cavaliers from London was the 'sting'. PROTECTORATE AND INTERREGNUM PASSAGES 49 up of an opposition Parliament to that about to be pro- posed by the Council at Whitehall. ' The City of London hath constituted 4 commissioners to treat respectively with the rest of the people of England on behalf of their invaded rights and in such manner to proceed as to the same commissioners shall appear most convenient. Choose out of every county two persons of known integrity that may be still among us to preserve a fair intelligence with us. No longer since than yesterday the Conservators of our Liberties, Hewson and his myrmydons put an affront upon us — the very mention of a Free Parliament enrages them and there is a reason for it. Their heads are forfeited, and if the Law lives, they must perish '^ As an effect of the city tumults, the Common Council whence had emanated the proposals for a Free Parliament and the refusal to pay the great tax, was forcibly dissolved. As December wore on, and it became more clear that the Wallingford Council had forgotten Monk, and that 'old silent George' was preparing for his January descent from Coldstream, the impending ruin of the chaotic Government appeared certain, and a corresponding contempt for its soldiers and agents was displayed in the City, where Hewson's regiments were pelted with mud by the rabble to which L'Estrange and others so fervently addressed themselves. Fleetwood's government of the City lacked all firmness. The secret of his hesitancy was his desire to stand well with the party of the Restoration to which Whitlocke entreated him to give ear ere it was too late. Two days after the Proclamation of the 14th December, for a restricted Parliament to meet in January, L'Estrange took upon himself to issue The Final Protest and Sense of the City, in which he adopted a freedom of language in speaking of the Government, and discovered such a contempt of the Savoy ministerial clique, that Tichborne earnestly sought out the author and severely abused the hawkers of the inflammatory piece. The daring journalist had also singled out the Lord Mayor, a true trimmer, who had bade the Town be quiet till the new Parliament met 2. A week later, undeterred by Tichborne's menaces, Roger 1 Twenty years later his enemies would use the same menace to him, we shall have a Parliament '. See chap. viii. 250. " He found it difficult afterwards to defend his ' trimming ' attitude. S^ the Vindication of the Lord Mayor and Aldermen, 30th April 1660, E. 1023 (2). D 50 SIR ROGER L'ESTRANGE issued (23rd December) a still more audacious Resolve of the City ^ in which he urged that no taxes should be paid till liberty (or the crown) was restored. The Eump was restored on the following day (24th December) amid short-lived huzzas. The four days pre- ceding had been days of unprecedented gloom in the City. Though the Restoration was so near the Cavaliers could do little more than work secretly among the apprentices and mob. They had been so easily and signally crushed in the late rising and were so alive to internal treachery and dis- trust that it was highly unlikely that they would again take to arms. A large number had accepted what they regarded as the inevitable, and in any case to most men the present trouble and confusion transcended in importance even the thought of Restoration. Among all men, therefore, whatever vain hopes they nourished in connection with Charles, there was a real sense of their country's wounds and a strong yearning for some form of stable government ^. Whatever efforts therefore emanated at this time from the loyal party, care was taken to observe a discreet reticence on the subject of the Restoration, for they had now become convinced that of their own effort they could do nothing, and that they must work through the sane body of moderate opinion which was not yet prepared to shout for Charles. In such a position the close of the year found parties, and here it may be fitting to notice briefly what other writers were doing for their respective sides. Evelyn, Stubbe, Howell, Prynne, and L'Estrange are the chief champions on the side of the Restoration. They were shortly (towards the end of December 1659) reinforced powerfully by the journalists Henry Muddiman and Giles 1 Tlie Resolve, etc. (protesting against the terras of the Agreement of the Gen. Council of Officers, 22nd December), 669. f. 22 (32). 2 Evidence of this weariness on the part of the Cavaliers is found in the pamphlets of Evelyn [Apology for the Royal Party, 4th November 1659, E. 763 (ii). Stubbe, Commonwealth put in the Balance, but best of all in L'Estrange's Appeal in the Case of the Late King's Party, Jamiary 1660, addressed to 'The Present Declared Supreme Magistrate of the Nation between whom and that royal person it is now apparent the only contest for the helmship and steerage of the present government is now probably like to lie, in the very hinting whereof methinks my pen drops blood.' The deprecatory tone of the tract, 'the motives to the writing which were the high displeasure and indignation which hath so long continued against that loyal party (amongst which number I confess myself one)', proves too sadly that as a result of the Booth and other failures 'the Cavalier party began to despair and to give their cause for lost unless by division amongst themselves they should render their victories useless, which fell out sooner than they expected '. Memento (1662), pt. i. PROTECTORATE AND INTERREGNUM PASSAGES 51 Durie. Evelyn and Howell contented themselves with defending the Royalist party and repudiating the rumours of the King's apostasy. Stubbe, with his speculative mind entered the welter of debate on the Ideal Constitution which is associated with Harrington's Rota Club. On the inde- fatigable Mr Prynne, Prof. Masson has bestowed the compliment that he more than any other man * had created the feeling that prevailed ', which may have been true, but that London was 'tormented or delighted' by his heavy writings is incredible to a degenerate age. He had come into high honour with the Cavalier party — a party which in these years found it difficult to welcome any who had been the part cause of their troubles — and even L'Estrange calls him ' The Honour of his Age ' ^. From the moment of the first restoration of the Rump, Prynne set himself to secure the return of the secluded members, and his already formidable list of pamphlets was extended by numerous true narratives, etc., addressed to Monk and every one else to show the obduracy of the Rump to his pet scheme, which was in the event adopted by the General and consented to on 11th January by the Rump under compulsion ^. Milton had scarcely more than entered the fray. He was indeed paralysed hj his dubious attitude to the other parties, nor does it seem to have entered his mind yet that the decisive struggle between the Commonwealth and the Restoration was so near at hand. So late as August, when the Cheshire Rising was the subject of the hour, he was possessed by one idea, a complete Toleration following the Disestablishment of Religion, a cause for which, despite his praise, the Rump was scarce likely to offend the Savoy party. It was not till Lambert laid rude hands on the Rump in October that he was aroused from his dream to a general 1 A Seasonable Word, February 1660 {See the Apology). Still more com- plimentary, Boger did not include him in the posonce damnosce of Dissentert Sayings, where the other patriarchs of sedition, Burton and Bastwicke, have a high place. The very * Mr ' invariably affixed to his name is significant ; Baxter never honoured L'Estrange with the title * Mr', which Roger resented. See also Engku^d's Confusion, 1659(Somer's Tracts, vi., 560.) ' His (Prynne's) learned, and seasonable writings praise him in the gates ', says the loyal writer. Hallam, Cons. Hist, of Eng. (1879), p. 488, 'Prynne was the first who had the boldness to speak for the King '. See Carte's Letters, ii., 312. Also Prynne's Legal Vindication of the Liberties of England (E. 772 (4)), and Short Legal Prescription (Somer's Tracts, vi., 533). 2 A not exhaustive list of Prynno s activities in these months is given by Prof, Masson {Milton, v., 531). 52 SIR ROGER L'ESTRANGE alarm for the Commonwealth, and then he wrote his Letter on the Ruptures of the Gomrifionwealth, in which he proposed his own impossible Eepublican Aristocracy, which partly- reproduced the ideas of Harrington's Bota. In the four critical days preceding the Restoration of the Rump, he lay inert and despairing, knowing as all men did now that the decision lay rather at Coldstream than Whitehall. The restored Rump he approved, but its watered- down Republicanism and its views on the Establishment he regarded as a betrayal. The General had been greeted on his journey south at his several halting-places by numerous protests and petitions, a large number purporting to give the state of opinion in the provinces, which now seemed for the first time in twenty years to spring into an importance which eclipsed the noisy Capital. He had received on the 9th January, when his army was somewhere between Newcastle and York, Harrington's Rota, or Model of a Free Gommomvealth, and probably at the same time in his London budget a pretentious Address to the Commissioners of the City of London for the Rights and Liberties of the English Nation ^, which purported to be the demands of the Counties and their advice to the City in its dilemma. It vehemently urged that no more petitions to the Rump should come from the City, that no taxes should be paid, and demanded an absolutely Free Parliament. But the document had no provincial authority, for it was penned by Roger L'Estrange in London. There was still some danger in demanding a Free Parlia- ment, and Roger was quite right in claiming afterwards that he took his liberty, if not his life, in his hands, when he set forth even these guarded manifestoes 2. But in regard to the anonymous Appeal in the Case of the late King's Party already alluded to — which belongs to this month, and finds no place in the list of his services which his Apology furnishes, and on that account is seldom quoted as his — there is a suspicion that he wished to stand well with the party in power. In Bristol Richard Ellsworth urged the prentices to appeal to the Mayor to associate with adjacent counties, and 1 Dated 3rd January [Apology, 8, 1660). "^ He was generous enough afterwards to share the credit of the danger with his publisher, Harry Brome. See Discovery tcpo7i Discovery, 1680. PROTECTORATE AND INTERREGNUM PASSAGES 63 with the Lord Mayor and Council of London, and in January further urged the prentice-mob to rise against the Eump, the design to be communicated by the Press ^ Responsible people, however, like the Recorder of Exeter, were careful to use language which would promote an inter- mediate state of things leading up to the ' larger policy '. This petition of Bampfield's drew some attention both from the Rump and from Monk, perhaps because it was known to emanate from a country which was burning with discontent and arming. It reached Monk at Leicester, communicated probably by the Speaker, to whom it was addressed. On 23rd January the Rump made a 'fawning ' reply to it. The same day at Leicester the General sent a cautious letter to Mr Rolle * to be communi- cated to the gentry of Devonshire in answer to Mr Bampfield's Petition '. This letter was read in Parliament, and a more astute document it would be impossible to imagine ^. Although the Devonshire Petition was of the crypto- Royalist type and cautiously veiled its true design, L'Estrange as the self-constituted journalist of the Party attacked those parts of it that seemed to exclude the Kingship, and in answer to Monk's still more non-committal, if not adverse letter to Rolle, there appeared what is really an admirable tract long attributed to L'Estrange, the Plea for Limited Monarchy ^. The four reasons dubiously alleged against a Restoration by Bampfield and Monk are noteworthy as affording the author of this pamphlet an opportunity for acting the laudator temporis acti of Merry England before the Civil confusion. These were : — (1) The major part of the nation is admitted to be inclined to Monarchy, but .'those that have swallowed crown lands are against'. (2) A Republic alone can sort out the entangled interests of the nation *. (3) The army is against. (4) It would beget a new war. 1 See a Letter from the Prentices of Bristol to those of London, 9th February. 2 * It seems plain,' says Hallam {Cons. Hist., p. 490), ' that if he (Monk) had delayed a very little longer, he would have lost the whole credit of the Restora- tion ', p. 489. ' The professional hypocrites were deceived. Cromwell was a mere bungler to him '. Monk to Rolle, 22nd January, E. 1013 (20). 2 E. 765 (3). Included in Soraer's Tracts, vol. vi. ; see note p. 57. Pepys, i., 63. 4 This public expression of the opinion that a Republic is best fitted for a trading community is noteworthy and will recur. 54 SIR ROGER L'ESTRANGE Such reasoning offered ample scope for the author of the Plea. It is difficult to find whether L'Estrange had even the scant authority which enabled him to set forth his Kentish manifestoes when he now addressed to his Excellency Gen. Monk, a letter ' from the Gentlemen of Devon ' ^, in which he represented the intolerable grievances and dis- tractions of the country and attacked the four positions noted above. His daring on this occasion was recorded in the events of the following critical week. The Council had taken notice at last of the Eoyalist papers which fluttered about city and country. On 2nd February, two days before Monk entered London, the Lord Mayor was reminded of the Press Act of September 1649 by which it was enacted 'that no hawkers and dispersers of scandalous books and papers shall be permitted ', and was required to proceed against them. Many people had deserted their more laborious callings to run round the streets with a budget of the latest attacks on the Rump. A week later, letters were sent out by the Council to all the garrisons to the effect 'that many persons groundlessly and falsely interpret that (Gen. Monk) has declared and is resolved for a full and free Parliament'. This on 12th February when 'from the apprehensions raised thereby the streets of the city were filled with bonfires, tumults, and limitless acclamations of joy '^. Secretary Thomas Scot was admonished to look after the Press, and Tichborne grew alarmed^. But even before Monk entered the city the Eoyalist and anti-Republican faction had laboured to prepare the minds of citizens so that he could have no doubt of their wishes. The long abused soldiery were incited to mutiny for arrears, a cause that gave them an occasion to fraternise with the City, which had so recently loaded them with curses. They were invited, not yet successfully, by the intrepid L'Estrange to join hands with the prentices and others who were united by an engagement for a full and free Parliament. 1 669 f. 23 (23). G.S.P.D. (1659-60), p. 330, 28th January 1660. Under same date petitions to the same effect from Norwich and Suffolk. 2 Apology, 1660. For a note on the prentices of this period see Prof. Firth's Last Years 'of the Protectorate, (ii., 73). Many of these youths (according to Mercurius Rusticus) were sons of Cavaliers. 3 C.S.P.D. (1659-60), pp. 343-4. Council of State to the Lord Mayor, and to the Master and Warden of the Stationers' Coy., 2nd February 1660. PROTECTORATE AND INTERREGNUM PASSAGES 55 The night of Thursday, 2nd February witnessed an organised riot of the latter, in an attempt which showed the agony of fear and distrust which Monk's policy of silence had produced in the City. The object of the revolters and their Cavalier directors (L'Estrange foremost among them) was to seize the city against Monk's entry, and had they gained over the mutinous soldiers to whom Roger addressed himself, the course of history might have run differently. ' Late at night ', says our author \ * the apprentices drew into a party in the city and were scattered by the Army Horse, whereas had they rather drawn down into the Strand and joined themselves with those in Somerset House, it was believed by sober persons, that they might have carried it. About one in the morning, the revolted party was false-alarmed, and persuaded out of their security upon pretence that if they were not instantly posted to hinder Monk's advance into the Town, they would have all their throats cut in their quarters'. This device succeeded, the rioters evacuated their quarters and left the City quiet, and in a condition which Roger ungenerously but in courtier wise calls 'honester guests '. The following (Friday) afternoon Monk marched in, and if he had time or inclination, he might have perused * another bolt ' from the unwearying Loyalist, to the effect that he (Monk) was far too wise to regard the events of the previous night as (what indeed they were) a menace to his entry. On Saturday (4th February) the Rump used its momentary triumph to adopt a measure which would have terminated all Loyalist hopes. This Act raised the Rump to 400 members on the electoral basis of 1653. It was followed by a flood of petitions from Oxford, York, Lynn, etc., for a full and free Parliament — demands which were answered by the letter of State to the garrisons, referred to above. But on the 7th a critical measure reviving the December tax of £100,000 was passed, which gave the signal for a final rally of all anti-Rump forces ^ not only in the City, but throughout the country. The chief centres of extra- urban agitation were Devon and Norfolk. Warwick sent 1 Apology, 1660. 2 ,See a letter 24th February 1658, H. Cromwell to Thurloe {Thurloe State Papers, vi., 821), quoted by Prof. Firth, Last Years of the Protectorate, ii., 271. 'Errors in raising money are the compendious ways to cause a general discontentment'. 66 SIR ROGER L'ESTRANGE its resolve to resist the tax. On Wednesday the Common Council of London resolved against the order \ for which on the 9th the Rump ordered the arrest of the more prominent objectors, 'half a score of their citizens', says L'Estrange, 'chiefly merchants'. On the 7th also — the day of the order — Secretary Scott was enjoined to look strictly after the Press. Whilst Monk was pursuing his odious task of subduing the rebellious city (8th-10th February) news was received from the commander- in - chief in Norfolk of dangerous meetings of the dis- affected in Lynn, while from Exeter came tidings of a great dispersal of arms among the Royal party. In the flush of Monk's success, which they counted to themselves, the Rump Council adopted the extreme measure of ordering the discontinuance of the refractory Common Council, and whilst commending the discreet Lord Mayor, prescribed an Abjuration Oath for the next election. An attack on City liberties was almost fatal to Charles II. in his greatest moment of power, it was now fatal to the Rump. It threw Monk into the arms of the citizens and thus determined the issue of the protracted struggle ; it was only a matter of how long and by what steps to the Restoration. The 9th and 10th days of this memorable month saw Monk carrying out the Rump's destructive work in the City. The 11th saw him tender something like an apology to the City Fathers, and clearly cut himself adrift from the Rump. A week of portentous anxiety followed in which the struggle was transferred to the Common Council, which had defied the order of State. On the motion for raising the City Militia, the Republicans fought stoutly to delay the measure by talking it out. The scene of conference was the house of alderman Wales, where repre- sentatives of the Rump met those of the Common Council, and the General, in a vain endeavour to patch up a peace which only one side sincerely desired. The tables were now turned, and Scot's orders to suppress Royalist literature already appeared futile. Never- theless we can admire the desperate efforts of the Republican faction to cling to power. First they opposed the Militia and then, that summoned, they endeavoured to secure the officers. *The Commonwealthmen, they're I Resolved to adhere to a former vote of the Court in the negative. PROTECTORATE AND INTERREGNUM PASSAGES 57 abirding too, and tell their little tale of Rome and Venice '. From the country came news of flying bodies of Republican troops and the Presses disgorged a load of vehement anti- Restoration literature. On the 18th February — three days before Monk marched down to the House to reinstate the Presbyterian majority ^ — L'Estrange published A Word in Season addressed to Monk and the City, in which he had the good sense to do little more than abuse the Rump ^. The return of the secluded members somewhat dis- concerted one celebrated tract from the hand of Milton, necessitating thereby a prefatory word of explanation. The Readie and Easie Way, etc., does not awaken memories of splendid rhetoric as does the Areopagitica^ but it is the best of Milton's pre - Restoration tracts. It is written hurriedly and in obvious agitation, though laid aside during the revolution in the City. With the settlement forced by Monk, it undertook its unpopular passage into the public mind, and for ever remains one of Milton's claims to a noble courage^. For by this time the danger of publication had been transferred from the side which L'Estrange and Prynne — strange bed-fellows — espoused, and except for Milton, the Republic was now anonymous. It is an ungrateful task to record here L'Estrange's first offence ' against the cannons of good taste ' in his attack on Milton. It is possible to regard the poet in the light of a posterior sacrosanctity which his name did not then enjoy. At any rate the gibes of Roger's Seasonable Word published towards the end of the month (February) sins far less in 1 See A Full Declaration of the True State of the Secluded Members Case which (p. 55) gives a list of the excluded. 30th January, E, 1013 (22). 2 Printed at The Hague, 669 f. 23 (52). The date of the Plea for Limited Monarchy is given in the Thmnason Catalogue as 20th February. Is it likely L'Estrange woxild have forgotten such an excellent contribution when he summed up his services in his Apology"^ Despite the tribute that this tract ' without the heat of party or faction conveys to us a desirable representation of true English liberty only to be supported by Monarchy ', we must conclude against Oldys's attribution of it to L'Estrange (Somer's Tracts, vol. vi. ). It is not in his style nor by his printer. The same reason is not valid against the Appeal in the Case of tlie, late King's Party (that is, that L'Estrange does not claim it) because its modera- tion on certain points would not increase its author's credit with the Restored Government. An echo to the Plea by the same author, 17th July, E. 765 (4), puts the matter beyond doubt. 3 With the Restoration stream running so high, it required courage to say that ' Christ himself had put the brand of Gentilism upon Kingship '. Yet not one of Milton's pamphlets had a larger circulation or provoked a more rapid fury of critici»m, Masson, Milton, iii., 657. 58 SIR ROGER L'ESTRANGE this respect than the two later pamphlets The Character of the Rump (17th March) and the famous Royalist squib of 30th March, The Censure of the Rota'^. There was one unhappy phrase of Milton's pamphlet on which any fool could fasten, where he adjures the Rump (the author had allowed the passage referring to the state of things before Monk's resolution to stand) 'to quit that fond opinion of successive Parliament ', and to ' perpetuate themselves under the name of a Grand or General Council '. How Milton came to approve such aristocratic Republicanism is a difficult question for even such an apologist as Masson, but certainly it was the cause of endless jeering by the Philistines. How to make peace between Milton and Harrington's Rota became the pet jest of the town, now when the omens of victory turned London to a ' hysteria of jesting'. It was as useless for Milton to explain (second edition of the Readie and Easie Way) that he would concede the principle of the Rota for the sake of the weaker brethren, as to deny that the majority of the people desired the monarchy. He voiced the once heroic minority which by right of conquest had assumed the right to rule. ' I could only wish,' says L'Estrange in a civil sneer 'his Excellency (Monk) had been a little civiler to Mr Milton ! for just as he had finished his model of a Common- wealth Directory in these very terms of the choice : — " men not addicted to a single person or House of Lords ", and the work is done, in come the secluded members and spoil his project '. There were two questions which demanded the attention of the Restored Parliament. The first was settled the day after the return of the secluded (22nd February) by an order for a new Parliament to meet on the 25th April, but not so speedily was the matter of the electoral restrictions settled. The other matter consumed the second half of members' time, and aroused much greater dissension. The irrelevant discussions on the power of the sword actually alarmed the Royal party. In this event Monk saw fit to amend the Militia Act (passed 12th March) in an anti- Royalist direction to avoid giving offence to the officers. But so long had the fanatic party held power over the army, that a feeling existed among the Cavaliers, that in some slip 'twixt cup and lip, that power would still be retained, 1 26th March. E. 1019 (6*) ; ^ar, Misc., iii., 188. PROTECTORATE AND INTERREGNUM PASSAGES 59 The debates on the electoral restrictions, by a sufficient, but not too large, majority turned out fairly happily for the Loyal party. But here, too, the repetition of the familiar harangues which had ruined so many Commonwealth Parlia- ments, raised a hope in fanatic and Republican breasts, that the Restored Parliament might be induced to continue long enough, despite the vote of 22nd February, till by another popular or military movement, the Rump would again come uppermost. Such hopes animated a pamphlet (we must now almost call it a libel) which came out on March 13th entitled No New Parliament, a feeble attempt to answer the swarm of attacks on the Rump which mark the final exit of that assembly. It drew from L'Estrange a vigorous refutation. Bump Enough, or Quaerie for Quaerie i. Fear and trembling that the day determined on for the final exit of the Rump — the 16th March — might by some unforeseen accident leave that body still sitting, or the other fear that with the electoral restrictions a new Rump might be foisted on the nation 2, these moods alternated with a delirious abandon reflected in the wildest jocularity. In No Fool to the Old Fool published for the day of exit ^ L'Estrange fell in with this latter temper which, now that the nation began to breathe freely, invaded politics. At the same time he apologises for his levity. His No Fool is a whimsical and ironic forecast of the election, and though not very witty, probably amused the passions of the hour. Sir Harry Vane for Newcastle, Ireton and Tichborne for London, he suggests, while 'for Kent no man like Sir Michael Livesey, and for Norfolk there's Miles Corbet.' The piece is signed Thorn. Scot*. The interval between 17th March and 25th April recalls the electioneering phrenzy of the Exclusion Parliament. The Press was a powerful agency, but it was around the army that the main battle raged. On the one hand we see the cautious general holding the balance, on the other a crowd of Rump and Republican agitators working in a last violent effort to arouse the dormant pride of the soldiery 1 No New Parliament, E. 1017 (8), 13th March ; Rump Enough, E. 1017 (15), 14th March. "^ Milton wrote the Readie and Easie Way, 2nd part, under the notion that these restrictions would *keep the royalist out' and that thereby the Republic would weather the storm. :- 16th March. 669 f . 24 (16). 4 16th March s. sh. f. (669 f. 24 (16)). 60 SIR ROGER L'ESTRANGE in the *good old Cause,' and this despite the Council Pro- clamation against such tampering^. In the country the factions were still influential and as the old Commonwealth sheriffs still remained, they hoped to have their aid in the elections. If these went against them, they still had hope of the Militia. If the Militia failed, the last resort of policy was to attempt to divide the Presbyterians and Loyalists. Failing all these, the assassination of Monk recommended itself to the extremists, and already on 24th March was privately mooted, if we may believe L'Estrange^. Their case then was by no means hopeless, and would not be so till Charles landed, if even then. It is to such considerations that we owe the last literary appeals on both sides. On the Republican side a clever attempt was made to revive the memories of the great war by republishing The Rise and Course of the V/ar, as searched into 'for matter to involve the murtherers of the King with those that would have saved him', which was precisely the line taken by vengeful Cavaliers of the L'Estrange type for the next twenty years. This piece did two things — it represented the long course of Stuart treachery, and it whispered an alarm to the Baxterians which in this event proved very real. But Baxter was already preparing his famous Penitential sermon for the opening of the Convention Parliament. A Letter Intercepted^ which bears the Thomason date 23rd March, adopted the Miltonic opposition to both Monarchy and the increase of popular government involved in a free Parliament. A day later — although dated 22nd March — came out a far more formidable letter to Monk bearing the title Plain English^ It issued from the subterranean mint of Livewell Chapman (who also published Milton's Beadie 1 17th March, Proc. of Council for all abandoned soldiers to quit London, 669 f, 24 (24), 19th March (24th March in the Thomason Catalogue), ' A Proc. for the arrest of all persons who attempt the debauching and alienating the affections of some in the Army,' 669 f. 24 (40). L'Estrange says that 'the agitators had possessed a considerable party ' in the Army. See The Army's reply to these attempts. It quotes in the forefront the Proc. of 17th March forbidding officers to meet for the framing of manifestoes, etc. 2 Apology, p. 95 ; V.S.P.D. (1659-60), pp. 409-11. ^ E. 1017 (36). See floger's reply to this tract, A Sober Ansioer, etc., 27th March, 1660. ^ Not in Thomason Collection. PROTECTORATE AND INTERREGNUM PASSAGES 61 and Easie Way) and seems to have been the joint labour of the hotheads of the Republican party. It consists of eight pages of abuse of the Royalist party and fears for the future, when the rabble of London now so anxious to set up the late King's statue shall have returned to the * leeks and onyons of their old bondage'; with the object of reviving old memories it reprints the non-addressing Resolution of the Commons, January 1647-8. On the 25th Dr Griffith — of the ranting type of Royalist from whom Clarendon prayed to be delivered — issued his sermon Fear God and honour the King'^^ an indiscretion for which an impartial Council lodged him in Newgate, and which evoked Milton's Brief Notes upon a Late SermoUy — a castigation of this ' Pulpit Mountebank ' which in turn provoked Roger L'Estrange's No Blinde Guides^. These three Republican pamphlets with Milton's second attack on Griffith {Eyesalve) and Nedham's News from Brussels were the last effective sallies of the ' good old Cause '. They were also remarkable as issuing from one daring source. Livewell Chapman was now almost the sole publisher left to the * Cause'. March 22nd is the date of Plain English, and on the 28th the first Proclamation was out for the arrest of Livewell. March 23rd is also the date of Nedham's scandalous News from Brussels which aroused Evelyn from a sick bed to write his Late News Unmasked. The Council did not take action to dismiss him from the writing of the Puhlic Intelligence till the 9th April, when the second part of Milton's Readie and Easie Way was selling ^. Praise-God- Barebones is said to have assisted Plain English into print *. We know that Chapman lingered about London several weeks before he fled to the Continent, and it is exceedingly probable that he printed the second edition of Milton's tract. These men — Nedham, Milton, Chapman, and Barebones — 1 E. 1918 (1). 2 E. 187 (2). 3 Of far more importance than the Brief Notes on Griffith's sermon. This later edition is ' written a month further down the torrent '. Its motto, Et non Consulem dedinms Syllae has given rise to some surmise as to who Sylla was. 4 It is dated 10th March in the original. There is an MS. note in one copy as follows : ' this letter as was reported was written by Sir H. Vane, Scot and Major Salloway (?), printed for Chapman the bookseller, who upon the discovery of the matter fled, whereupon a Proclamation issued out against him. ... It was written after the inditement of the said person, by Marchmont Nedham and conveyed to the printers and booksellers by Praise-God-Barebones. The alarm to the officers and soldiers of the army was written by the same persons '. The Proclamation for the arrest of Livewell Chapman is dated 28th March (669 f. 24(47)). 62 SIR ROGER L'ESTRANGE formed a kind of last guard of the Republic, and they were privy to the designs on the Army. The second edition of the Readie and Easie Way suppressed, as Masson points out, the mild references to Monk of the first edition, and sub- stituted a parallel to Sulla. Desborough's letter to Chapman of 8th April demands * more books like your Plain English ', and hints at a design to secure the General's person on 8th May, whilst it bespeaks that subterranean agitation among the congregations which was to be the greatest menace to the Restoration and for thirty years to shake the throne of the Restored house ^. The reply to the agitation in the army was contained in a loyal address to Monk disclaiming any motive of treason, and signed by all the guards and captains I To L'Estrange fell the task of dealing with the despairing series of Republican tracts mentioned above. On 2nd April his Treason Arraigned chastised Plain English by that point to point method which was to become his favourite style. ' It is a piece drawn by no fool ', he says, * and I should suspect it to be a plot of the same hand that wrote Eiconoclastes. Say, Milton, Nedham, either or both of you (or whosoever else) say where this worthy person ever mixed with you — that is you, or they that employ you and allow you wages ' ^. To divide the Presbyterians and the Loyalists — Desborough's policy — was the object of Plain English, but it also appealed to the Army and to the General to set up for himself rather than restore the Stuarts. At the same time it drew a lurid picture of revenge and Popery if Charles were brought back. A day later the Alarm to the Army *, proceeding out of the same mint, tried to excite similar discord and suspicion. Yet a few days later, Nedham having been dismissed and 1 C. S.P.I). (1659-60), pp. 409-11. 8th April 1660, Desborough to Chapman— * We fix on you as the faithfullest raan, to convey our thoughts to our brethren about London. The Press is free enough for it, there is no restraint on that as yet '. - Ordered by Monk to be published by H. Muddiman Gent, who was now in high favour, and besides the Newsbooh, printed for the Council of State. 3 3rd April is Thomason date, E. 1019 (14). The taunt is good in Nedham's case. Forty shillings was the wages allowed him by Thos, Scot for a single newsheet. Marchmont was only the chief of a staff maintained by Scot to write for the Rump. See article on the Neiosbooks and Letters of News at the Restoration, by Mr J. B. Williams, April 1908 [Eng. Hist. Rev.) 4 L'Estrange answered the Alarm to the Army with Double your Gudrds. (E. 1019 (19)). PROTECTORATE AND INTERREGNUM PASSAGES 63 Chapman fled, the second edition of the Readie and JSasie Way was struggling into notoriety. On the other hand, as has been said, the impartial Council had laid Griffith in Newgate, so that if Desborough was not misinformed, there were only Mr Caryl left of London's clergy to dis- countenance a republican conspiracy ^. In these circumstances L'Estrange indicted his No Blinde Guides ^ — a tract which his biographer must feel some shame in mentioning. The little restraint observed in his first attack on the poet has entirely disappeared, and the most venomous spirit discovered. It might not be the 'dull Asses' hoof ' of his master Ben Jonson, but it was certainly ' Gildon's venomed quill ' that Roger used on this occasion ; nor does he note those excellencies of Milton's genius, admitted with something like pride by the loyal author (G. S. who may have been Gilbert Sheldon) of The Dignity of Kinship Asserted. Here L'Estrange displays an energy of bitterness almost beyond anything that had yet appeared on his side, and unfortunately on behalf of as silly a piece. * 'Tis there (i.e. Milton's attack on Salmasius) that you commonplace yourself into set forms of raillery, two pages thick, and lest your infamy should not extend itself enough within the course of usage of your mother-tongue, the thing is dressed up in a travelling garb of language, to blast the English nation to the Universe, and give every man a horror for mankind when he considers that you are of the race. * In this you are above the others, but in MkonoJdastes you exceed yourself. There, not content to see that sacred head divided from the body, your piercing malic enters into the private agonies of his struggling soul with a blasphemous violence invading the prerogative of God himself (omnis- cience) and by deductions most unchristian and illogical aspersing his last pieties (the almost certain inspirations of the Holy Spirit) with juggle and equivocation ' ^ There was now pouring in from the counties a stream of Loyalist Declarations which assured people that no thought of revenge animated the party, and to make good the pledge there was a good deal of politic abuse turned ^ Page 62, note. 2 e. 178(2.) 3 It is some amends that L'Estrange's name appears in the list of sub- scribers to the 1680 edition of Paradise Lost. 64 SIR ROGER L'ESTRANGE on the ranting Cavaliers who were likely to spoil all by violence ^. These declarations came chiefly from the counties which in January and February, prior to Monk's occupation of the City, had petitioned for a free and full Parliament. Their extremely peaceful, not to say Christian, intention was afterwards remembered in the harsh use made of the inevitable triumph by the Church. And though there was an undoubted attempt made by the Restoration powers to avoid the appearance of an indecent triumph, it was certainly open to the Faction to point to the Cavalier pre- Restoration Declaration — most penitential of documents — where they threw the wolf away and put on the lamb, submitting themselves humbly to their calamities as from the hand of God. They had ' no violent thoughts or inclina- tions against any persons whatsoever ' ^. By 20th April, the date of No Blinde Guides, there was really no further or pressing need for a continuance of the warfare in the Press. Royalists were better engaged in directing the people how to vote^ since the danger that the will of the people should not prevail had passed. The pendulum indeed had swung to the other side and a stiff hand was required to restrain the more nervous or vengeful spirits from prejudicing the election by their wild words*. Just as the Republican extremists carried over the warfare into the Restoration, we shall find that certain of these rash Cavaliers proved a serious annoyance to Charles' Government by their importunate clamours for a revenge that would have violated the spirit of the Restoration. L'Estrange became one of them, but 1 Apart from — or as the result of — Griffith's imprisonment, see A llWd in Season to the Ranting Royalists, price 4d. 10th April, 669. 24 (57), ' Do you not know how the King disowns you, the people dislike you, your friends blush for you. . . . You are more dangerous than the Rump itself '. See Hyde's letter to a Royalist, 16th April 1660. Wood, At/ience, iii., 711-13. ' This very last post has brought over 3 or 4 complaints to the King of the very unskilful passion and distemper of some of our Divines in their late sermons '. The danger of the impression conveyed in Nedham's News from Brussels, ' I hate to show the teeth before we bite', had to be strictly guarded against. See Kennet's Register, p. 120, and Hallam, Oons. Hist., p. 491, note. 2 Oldmixon, Hi^L, i., 464 and 466. May 1660, 'the presbyterians paid their compliments to Breda in money, the Cavaliers in great boasts of service '. =5 See Roger L'Estrange, Necessary and Seasonable Caution Concerning Elections, 24th March, 669 f. 24 (32). ^ Hallam, Cons. Hist, of Eng. (1879), p. 491 note. * The Royalists began too soon with threatening speeches '. See Clarendon State Papers, 721, 2, 7. Thurloe, vii., 887, and the King's Declaration from Breda (Somer's Tracts, vi., 562). STtaafS^ia-^?**"'*- ■- ^ws^w^tf-v^" -ist mm^nsm^:^!.'' N O ¥» Blinde Guides, In Answer To a feditious Pamphlet of J. MlLt OH'S, INTITULED i Brief Notes upon n late Sermon Titl'd, the fear of God and the King ,• Vreachd, and ftnce fubli(hd, 'Bj Matthew Griffith, D. D. And Chaplain to the late B^ING^ <^c. Addrcfled to the Author. Jftht Bl'mde lead the Blinde^ Both jhaH fd hid the Ditch. -;•.>•- . ? Printed for Henrj !Bromt Jp-il %o. 1660. TITLE PAGE OF NO BLINDE GUIDES. [Face p. 64. PROTECTORATE AND INTERREGNUM PASSAGES 65 he cannot fairly be classed with the wild men of 1659-60. On the contrary, at no time did he mingle more prudence with so much boldness. The result of the election was, in spite of the restrictions, on the whole a surprise even to the Cavaliers. 'Upon the day appointed the Convention meets, but not altogether so leavened as by the qualifications was intended — excluding father and son of such as had served the King, from the Election. In fine, the major part of the assembly according to their duty gave the King his own again without those shackled conditions which the qualifiers would have imposed'. It was not very long before those who thus graciously waived conditions, and Baxter who blessed their labours with a loyal opening sermon, discovered that they had done something suspiciously like selling the pass. It was the work of their own hands, and they were shortly to find it rather the fashion to remember that Manton officiated at Cromwell's inauguration as Protector, than that Baxter blessed the Convention Parliament ^. We shall find nothing more to reprehend in L'Estrange, than his politic shift from the praise of Mr Prynne in 1659 to his Holy Cheat of 1661 2. In reviewing the important service which L'Estrange performed for the King during this period which he calls his 'Third Prenticeship ' in Loyalty, the question arises, which of his many pamphlets was of a character to bring him into personal danger ? He himself claimed that * Rationally he could not expect any other reward than a halter'^. Until Monk on 4th February threw in his lot with the City, any anti-Rump tract involved some danger. Between that date and the polling for the Convention Parliament there was the lesser danger of a reversion of popular feeling or of a new coup on the part of the Army. But from the moment (9th April is the date of the Army's Remonstrance) that that gleam of Republican hope was seen to be fallacious, and that nothing could be done to divide Presbyterian and Royalists, all danger, except from the gratuitous folly of the ' Ranting ' type, was over. This last period is therefore the golden hour of poets and the venal muse, as it was correspondingly the hour of Milton's and Marvell's and Wither's greatest peril. It is the occasion of a thousand 1 See his Sermon cni Repentance. Ap. 30. E. 1023 (14). Oldmixon, i. 498. 2 See chap, iii., 85. 3 state Divinity, 1661. 66 SIR ROGER L'ESTRANGE congratulations, Britannia Bedivivas, from the Universities and schools, and marks the hot rush of trimmers to the side of safety. Dryden, Waller, Davenant, Sprat, and even Wild are here to pay homage to the Rising Sun. But L'Estrange had from the very first — from Booth's Rising, when few dared write — taken up a hold if anonymous attitude ^ His December Protests of the City, which drew down the anger of Tichborne^, his unwearied efforts to arouse the City and fan disorder among mutinous prentices ^, his advice to the General and Pleas for the Cavalier if not for Limited Monarchy * before the danger point was passed, his (unauthorised) representations of country feeling, and notably his intervention in the important Devonshire episode, and lastly his energetic exposure of the work of the fanatics with the army and their tampering with elections, make a record of personal service that ought to have obliterated any suspicions of the kind which made Willis' name accursed, and ruined the wretched Corker ^ We shall find that the men whose record does not begin till the danger hour had gone by, were to attempt to blast the good name of the man whose efforts had made him, if not the first Royalist journalist, at least the best of pamphleteers. Finally, then, in his own statement ' as to my behaviour afterwards in all the broils and tumults in the City that in a great measure opened the way to His Majesty's return, I can appeal to Col. John Jeffries and Capt. John Lloyd, two persons of unquestionable integrity and honour, and I believe to forty considerable citizens yet living, that I ventured hanging for His Majesty's service in these times as fair and as often perhaps as any man in the three kingdoms ' ^. 1 Postcript to Discovery upon Discovery, 1680 (addressed to T. Gates). ' In 1659 Lambert was upon his march towards Sir George Booth and Sir H. Vane had listed the Separatists in and about London to be in readiness ; at which time I published the following Paper ' {Tlie Declaration of the City to the Men at Westminster). The Declaration is not in the Thomason Collection. 2 P. 48 note. 3 See note p. 54, on Prentices. 4 See note p. 57. 5 Firth, Last Years of the Protectorate, ii., 69. 6 Ohservaior, ii. , 80. CHAPTEE III 1660-2 PURITAN DIVINES AND SEDITIOUS PRINTING L'estrange's active life now demands that for clearness sake we should treat it under three heads rather than abide by strict chronological sequence. At the same time these interests are more or less related, and find a common ground in one agency, the Press, with which indeed the rest of his life was to be mainly concerned. For the moment he had four calls on his energies : 1. To meet the charges against his loyalty which circu- lated even during his pamphlet warfare on behalf of the Restoration. 2. To voice the complaints of the disappointed Cavaliers. 3. To fall foul of the Presbyterians and prove — what he had publicly denied in the late struggle— that they were the real enemy. 4. To expose the methods of the factions as they were concerned with the seditious Press. It may be said briefly that he was successful in vindi- cating himself from the charge of disloyalty, that he gained the regard of the Church, then devoted to that passion for Conformity, noted by Burnet as the Restoration plan, a regard which blossomed into actual monetary rewards at a subsequent period, and that he obtained the Neivsbook and the Surveyorship of the Press as a reward for his activities against the seditious. But as the loud champion of the distressed Cavaliers, he came very near to a gaol for embarrassing His Majesty's Government, and clumsily challenging that wise policy of keeping the Commonwealth men in humour and office for a while ^ 1 This phrase gave great offence. See his Plea for the Caveat. A bitter note of Dartmouth's to Burnet's History ascribed the policy to Clarendon. See p. 69, note. 67 68 SIR ROGER L'ESTRANGE The slight evidence we have shows that Clarendon was inclined to acquit L'Estrange of disloyalty and to relieve him of any apprehension that he was in the same category as Corker, who now (June 1660) wrote his lying apology^. Nothing shows more clearly the authority of the Chancellor at this moment than the manner in which he was addressed as the High Court of Appeal in matters of disputed loyalty. In Flanders, we saw, after the Kentish affair, L'Estrange handed him a copy of his printed Vindica- tion to Kenty and the Chancellor was good enough to say certain soothing things, and to make the young Cavalier welcome at his house. That Clarendon took the trouble in 1653 to send an assurance to ' Mr L'Estrange in Germany ' that the rumour of the King's apostasy was false, shows that, all slanders to the contrary, he then regarded Roger as an honest man ^. But when the Cavalier was busiest over his anti-Rump squibs, which really involved some danger, an enemy carried the kind of tale to the Chancellor, which was just then after melancholy examples both in England under Cromwell, and in Scotland under Monk ^, calculated to arouse the blackest feelings. Next to the establishment of the Church in all her ancient glory no question agitated the Chancellor more than that of the conduct of the Old Cavalier. When we remember that to his chargin in this direction he imputed Charles' backslidings after a notable Restoration resolve on better things ^ we see how important the matter became ^ That dark but probably just passage in the continuation of Clarendon's history ^ which describes Restoration manners, is directly led up to by a long discourse on the violence, jealousies, and loose manners of the Cavaliers. Instead of the devoted gratitude to God for a happy Restoration, which 1 See Retrospect Review, Second Series, i, , 292. sChap.ii., 34. 3 For the Scottish betrayals, see Prof. Firth's Last Years of the Protectorate, ii., 121. 4 It is difficult to say whether we are to regard Clarendon's throwing his shield over Charles in the early days of the Restoration as an attempt to justify that anti-Cavalier bias he adopted, by making the King's subsequent falling away the result of their clamours, or Burnet's frank exposure of Charles from the first night he spent in London, as the true picture. 'Those virtuous Ministers (Clarendon and Southampton) thought it became them to let the world see that they did not comply with the King in his vices.' Airy, Own Times, i., 166-8. ^ See Macaulay's estimate of Clarendon in his Essay on Hallam's Const. Hist. 6 Continuation of Life, ii., 34-6 ; Airy {Charles II., p. 103) refers to the Chancellor's ' sorrowful eloquence '. PURITAN DIVINES ANt) SEDITIOUS PRINTliSTG 6D the April declarations to the General promised, with the laying aside of all jealousies, there appeared at the Restora- tion no cessation of the disunion and suspicion of the dark days, but, on the contrary — urged on by rewards which went to some — assumed a fiercer aspect than ever. Two things damped the spirit of Charles on his return. On the road to London he was met by the importunate clamours of the Old Cavalier, and at Canterbury he received Monk's wonder- ful list of men worthy of a place. This latter difficulty was much more negotiable than the former, and Monk proved not unreasonable, but a single Commonwealthman in the new Government was sufficient to arouse the ire of the Cavaliers. For the former difficulty there was no solution but time, and the Earl of Ailesbury — a good authority — went so far as to say that to the disappointments of this class is due the rise of ' Whigism ' i. As to the character of these office-seekers they 'were observed to be the most importunate who had deserved least, and were least capable to perform any notable service, and none had more esteem of themselves and believed preferment to be more due to them, than the sort of men who had most loudly began to drink the King's health in taverns, especially if for any disorders which had accompanied it they had suffered imprisonment without any other pretences of merit or running any other hazard ' ^, Thus early Clarendon was forced to assume that attitude of hostility to the extreme men — of whom Roger L'Estrange was a noisy example — who wished to limit or scrap the Act of Oblivion^, and whose 1 ' It really sprung by degrees from the discontent of noble families and of many good families of the first gentry in the Counties whose ancestors were sequestered, decimated and what not on account of their steadfast loyalty — the estates of Lord Byron (under whom L'Estrange served) almost wasted, and I never heard that the heir was ever countenanced — hundreds more had the same fate '. Aileshxiry Memoirs (1890), i., 6. Eachard, iii., 6 : ' The first complaint against Clarendon proceeded chiefly from the Cavalier party, and this began so early after the Restoration that,' etc. 2 Continuation, ii., 36. 3 Burnet, Own Times, i., 289: 'The angry men that were disappointed of all their hopes made a jest of the title of it "an Act of Oblivion and Indemnity ", and said the King had passed an Act of Oblivion for his friends and of Indemnity for his enemies. To load the Earl of Clarendon more it was given out that he advised the King to gain his enemies, since he was sure of his friends by their principles '. Burnet hints that * the King fastened it iipon him after he had dis- graced him '. Among the host of exceptions demanded for insertion in the Act, we find Roger L'Estrange's for the exception of Tichborne and others, no doubt for the Court-Martial sentence after Lynn. II.M.C, App. to 7th Rept. 96(6). See chap. i. 19. The Act of Indemnity blotted out all offences since Ist June 1637. Lords' Jmrnals, xi., 240, 379. 70 SIR ROGER L'ESTRANGE scandalous manners brought a reproach on the whole party. But this hostility for many long years tempered the satis- faction with which many a loyal gentleman read the History and the Continuation'^. The Proclamation (given a wide publicity in the Nev^s- hook) which rebuked these noisy ranters, did not mend matters, though it pleased the Presbyterian and straiter sects. It is sad to find L'Estrange admitting himself publicly to be of this band, 'not altogether free from drunkenness and profanity ' ^, and loudly voicing the jealousy of Common- wealthmen admitted to favour. The rising of Sir George Booth had proved the touch- stone of party, and Cavaliers at the Restoration were keenly divided as to the scope and interest of that affair. Clarendon was convinced that it 'had contributed very much to the wonderful change that had since been issued by the dis- covery of the general affections and dispositions of the Kingdom '. At the same time, as a concession to the Old Cavaliers, he deplores the fact that ' a greater animosity had been kindled in the royal party, and was still pursued and improved amongst them from that combination and engage- ment. ... It had introduced a great number of persons, who had formerly no pretence of merit from the King, rather might have been the objects of his justice, to a just title to the greatest favours the King could confer, and which from that time they had continually improved by respected offices and services, which being of a later date might be thought to cloud and eclipse the lustre of those actions which had before been performed by the more ancient Cavaliers, especially of those who had been observed to be remiss on that occasion ' ^. They therefore habitually under- valued the services wrought by the Cheshire Revolt. We have seen that L'Estrange was not quite idle in that affair *, but his claims were not great, and his references in the Memento prove him to be of the class that excused themselves on the ground of suspigion of the true motives of the Rising and of Presbyterian guile. * I well remember 1 See Dartmouth's note to Burnet's History. ' He furnished the great house in the Picadille chiefly with Cavaliers' goods '. Oion Times, i., 176, with Mr Airy's note. So Evelyn, Diary, 27th August 1667, and Pepys, Dicay, 7th March 1661-3. 2 Memento, ed. 1662, omitted in reprint 1681 : * I do here publicly confess myself not absolutely free from those distempers which I am both sorry for and ashamed of '. 3 Continuation, ii., 36. * Chap, ii., 45. PURITAN DIVINES AND SEDITIOUS PRINTING 71 one particular in that transaction', he says^, 'that passed my understanding and me thought smelt of treason. It was extremely laboured, that the King might be persuaded to come over, and that too before any port was secured or men embodied, on the bare hopes of the design to engage his sacred person ' 2. The Rising in other words was either a mere Presbyterian move, or a deliberate stage-managed attempt to decoy the King into the hands of Parliament. Without any evidence that L'Estrange was of the party which pursued Mordaunt with execration, we may take that ungenerous conduct which Clarendon has described as typical of the blight which was presently to fall, not for the first time, on L'Estrange. Mordaunt had no arrears of disloyalty, but his lucky escape from the block when Hewitt and Slingsby were condemned, suggested treachery to the distempered Loyalists. Although his subsequent conduct showed him to be above reproach, the whole party of roysterers and tavern Loyalists united in the pursuit of a noble stag ^. Every petty tale was conducted by a hundred channels to the King's ear with the result that Mordaunt was totally neglected. 'The truth is', says Clarendon, summing up*, 'most men were affected and more grieved and discontented for any honour and preferment which they saw conferred upon another man than for being disappointed in their own particular expectation'. Mingled with incriminations of Mordaunt came also the stories already alluded to of L'Estrange's treachery, and Roger might have claimed kindred with Mordaunt if his own manners and jealousies had not too notoriously classed him with the Ranters, Men who were favoured at the Restoration — 'the new modelled of gimcrack' — could afford to assume an attitude of moderation and bid their less 1 Memento, part i., 36. 2 Hull — for attempting to betray which Slingsby was condemnod — and Yarmouth had been the hopes of the Cavaliers in the plot of 1658. It is curious that we hear nothing of a port in connection with the Cheshire affair, but then we hear little of the negotiations for bringing the King over. Hallam, Goiis. Hist., p. 483 : ' The Royahsts . . . pressed that he (Charles) or one of his brothers would land on the coast '. For notice of the timidity and irresolution of^ the Cavaliers on this occasion, see Calendar of Clarendon State Papers, i., 491 and 590. 3 C.S. P.D. (1659-60), pp. 277-8, 6th December to 16th December 1659. ' Their activity to ruin others is greater than their zeal to restore their master. ... I wonder Lord Mordaunt should be so used by them '. Mr Baron to Sec. Nicholas concerning the Sealed Knot. "* Continuation, ii., 38. 72 SIR ROGER L'ESTRANGE fortunate friends be quiet. So Sir John Birkenhead, Master of Faculties, so Howell, Historiographer Royal, Muddiman, writer of the Newsbook, and Sir John Denham, Surveyor of the Royal Buildings. But scarcely had Charles been safely restored when Roger — 6th June 1660 — hastened to present the public with his full defence and apology.^ This early appearance naturally brought on him the sneer that he was afraid he might be forgotten in the division of the spoils.^ His ambitious motto : * Qui aliquid statuit^ parte inaudita altera Aequum licet statuerit, iniquum est judex,' showed he was resolved to let every one know what he had done for the King. Accordingly we are treated — for neither the first nor the last time — to a narrative of events from Lynn to Newgate, from Newgate to Kent, from exile to the Restoration. These earlier matters, however, are dismissed in the compass of four pages, and he unfortunately suppresses thirty-five pages which probably expatiated on the Kentish affair, and perhaps on the conditions of the Cavaliers abroad, and which might have been of historical value. The main part of the book is devoted to the Inter- regnum struggle, and shows abundantly what his enemies might have known already, that he ' ventured hanging for His Majesty's service in these times as far and as often perhaps as any man in the three Kingdoms'^. We are here only concerned with the Dedication, which gives a hurried picture of the suspicions of that distraught period. ' When I first heard myself suspected ', he says, ' for an instrument of Cromwell, his pensioner, and a betrayer of his sacred Majesty's party and designs, I could not choose but smile and almost thank the authors of that calumny that, (in a man so full of faults), had fixed a charge there, where it was impossible I should be guilty. But when I came to find that divers of my nearest friends were cautioned, 1 E. 187 (1) Anticipating Corker's by four days — a very different kind of apology of course. Corker, in the letter quoted in the Retrospective Re-dew (New Series, i,, 291), acknowledges ' my fearfull apostacie ', and was liberated a few days later. 'A striking specimen of the disregard of truth and honour, and almost justified the neglect with which Charles II. treated them after his Restoration,' says this editor. 2 So recently repeated as in Mr J. B. Williams' History of English Journalism (1909), p. 259. 3 Olservator, il, 80 (June, 1684). PURITAN DIVINES AND SEDITIOUS PRINTING 73 and with monstrous secrecy designs were carried for fear of me (even those designs that were common talk of herb- women and porters) I began to look about me, and in conclusion some two or three women, a fiddler, and a haber- dasher I discovered. Upon further inquiry I found that this intelligence was as current about the King as here, and that many eminent persons were possessed with the same opinion. ' It was not then a season to bring myself upon the stage when by struggling I should only have done a public wrong and yet myself no right, whereupon I respited that purpose in hope and expectation of that freedom which we are at this day enjoying. ' The tedious expectation of an acquittal ', he continued, * blasts the comfort of my life and cankers all that's con- versable in my nature. I have an inward stream of indigna- tion to find myself suspected among worthy persons, that takes me from the common offices and benefits of society. I cannot visit where I would and ought without a blush, and this forbearance in many places taken to proceed from want of inclination or good manners, when (God he knows) out of an honest tenderness to others I cross myself in what I passionately desire '. His ' tedious expectation ' was to con- tinue for another year or two, and in the meantime the office set up by Act of Parliament for the relief of the ' truly loyal and indigent officers' became the scene of the scandalous recrimination between Birkenhead, L'Estrange, and others which no doubt inspired the reproachful passages already referred to in Clarendon. It would be interesting to know the names of those un- impeachable Loyalists whose company Roger dared not seek. For, on the whole, a very small body of Cavaliers accompanied the King home, the vast majority having made their peace with the Government, and being guilty of some compliance or other. This very human document remained unnoticed, and meanwhile Roger busied himself — probably in the hope of employment — with haunting the lobbies of Westminster and bringing libels to the notice of members. 29th September 1660 is the date marked by himself ' when he first put pen to paper about his discoveries ' ^ But when month succeeded month, and he was still left in the cold, while Birkenhead, Muddiman, and Howell were all recognised, at the same 1 Observaioi', il, 80 (June 1684). 74 SIR ROGER UESTRANGE time that a compromise with Monk had let in Morrice, Cooper, Clarges, and Manchester to high office, not to speak of a similar indulgence in the lower range of offices, among printers, booksellers, and lowly scribblers, Roger began more and more to fall into a cynical hostility, and to speak for a very large company of his kind. The Bartholomew eject- ment had not yet come to glad the Cavaliers' hearts, nor had L'Estrange yet found his metier, which was to help the Government in its struggles with E'onconformity and the seditious Press. When he did, he developed a ferocity entirely at variance with his former mild compliments to Presbytery, and a forgetfulness that he himself had graduated as the greatest exponent of seditious writing against the Commonwealth Government. The fruit of these bitter musings was a series of invective pamphlets in which to use his own elegant phraseology he * struck at the Government through the side of Presbytery '. The first of these was provoked by Corbet's Interest of England in the matter of Religion, the second part written in the spring of 1661, when the hopes of Presbytery still stood high. The Convention Parliament had a Presbyterian majority, but whilst it lasted, the other side skilfully con- trived to postpone the question of a settlement ^. The party or ' classis ' — as Clarendon calls them — had a more than colourable pretext for their pretensions. The Cheshire Rising was their affair. Prynne, their champion, v/ho supplied the legal arguments for loyal Hewitt^, did more perhaps to forward the Restoration than any other writer. Baxter preached the opening sermon to the Convention Parliament. In a word, they usurped the whole credit of the Restoration, and pointed with some effect to the dis- orders and jealousies which had reduced the Cavalier party to a state of noisy impotence. So that the shouting of the Restoration was no sooner over than people began openly to canvass the merits of Presbytery. The Directory was placed in open competition with the Book of Common Prayer. In this work the Freedom of the Press aided powerfully, and L'Estrange corroborates the testimony of numerous writers in saying 1 'Though the Presbyter would have the Church settled in Parliament the other party are resolved to put it off with delay'. Verney MSS., quoted in Mr Osmond Airy's Burnet, i., 315, note. 2 Last Years of the Protectorate, ii., 78, note. I>URITAN DIVINES AND SEDITIOUS PRINTING 75 that this freedom 'had so manifest an influence on the minds of the people that the unanimous pre-eminence of affection for the Restoration was so altered, that the Presbyterian cause became the common argument of public meetings ' \ It was this revival and credit of Presbytery which warned the Church leaders that the hour had come to drop the politic mask of compliment by which the Presbyterians were lured on to effect the return of the King — seemingly the greatest betrayal of their ambitions. The two Papers of Proposals to his Majesty which embodied the views of the London Ministers, several of whom had invited the resumption of their livings by their legal owners, were presented 2, the first at the King's express desire after the anti-Cavalier Proclamation, the second after the Declaration of 25th October 1660, which announced the Savoy Conference, and bade people be quiet in the meantime. The first of these is a very modest and grateful document ; the second regrets that whilst the King was graciously pleased with the moderation of the first paper, his Declara- tion altogether omitted references to the question of Church Government. Both these papers were published with other batches of proposals and the Petition for Peace in 1661. Hence we shall find much anger on the part of L'Estrange. On the whole, while it can scarcely be said that the change was effected with the minimum of friction, it may be doubted if an immediate * showing of the teeth ' (to use Nedham's phrase) would have been more politic than allowing the advocates of Presbytery to find out gradually that they had been betrayed. In October 1660, when these things were being amicably discussed, the Rector of Bramshot, Dr John Corbet, bosom friend of Baxter, in the first part of his Interest of England gratefully described the King's Declaration as granting ' just and gracious concessions'. Early in 1661 he issued a second part in the same vein^. These 'Presbyterian insolencies' aroused L'Estrange to break in at once on the false harmony 1 Truth and Loyalty Vindicated. - Burnet, Own Times, i., 316, note. * Many of these had gone into the design of the Restoration in so signal a manner and with such success that they had great merit and a just title to very high preferment '. 3 10th March 1661, E. 1857 (2). 76 SIR ROGER L'ESTRANGE with his Holy Cheat ^ — the first unabashed attack on Presbytery, and we should think a considerable annoyance to a Government which was still bent on keeping on the mask of good-will to Presbytery. But Roger had already felt the pulse of Parliament, and despite the brave words of the Lord Chancellor'^ — Sir Harbottle Grimstone, Burnet's Whiggish patron — at the opening of Parliament on the 29th August 1660, and the warnings of friends, determined to take his chance of affronting the Court. ' I must tread warily', he said, 'for I am here upon a narrow, slippery ground ' ^. As to the Act of Oblivion and the compact of silence referred to in the Chancellor's words, that is already broken by the Presbyterians themselves, as witness that mass of sedition, Smectymnuus Revived, published in the week of the Restoration by Dr Manton*. Such protestations lead up to smashing attacks on the history and aims of Presbytery, and a downright denial that they had ever served the Monarchy except to make it their tool. Meanwhile a new trouble was brewing for Presbytery in the person of the Rev. Zachary Crofton, a zealot of the type that brings trouble to any party. He was at this time (from February 1661-2) a prisoner in the Tower for certain wild and whirling words for the Covenant. A prison seemed to calm his ardour momentarily, and in July, at the invitation of the Governor, he attended the Anglican services in the Tower. It is scarcely possible for us to 1 The Holy Cheat, Proving from the Utidenidble Practices and Positions of the Presbyterians that the Design of that Party is to enslave both King and People under the Masrjue of Religion by roay of Observation upon a Treatise e^ititled, The Interest of jEngland in the Matter of Religion, etc. Fourth Impression, Ijrinted 1662, and now reprinted 1682. 2 After the King's Speech, 8th May 1661, quoted by Clarendon [Continuation, ii., 180). The Chancellor said 'it was penal by the Act of Indemnity to use names or words of reproach and that surly looks were within the equity of the Statute '. Oldmixon, p. 477, remarks : ' To prove the integrity of these speeches we need only mention a book mentioned by Eachard and written by the infamous Roger L'Estrange. The Reverend Historian fills one of his folio pages with what he takes out of that notable piece wherein some of the Presbyterians preferred by the King for restoring him to his Kingdom are called Cromwell's creatures, St John's creatures, etc. '. When Oldmixon goes on to say that ' this libel (which is the Relapsed Apostate, not the Holy Cheat) was applauded and bought up by the creatures of the Court, and sufficiently proved what dependence was to be placed in the most fair words ', he goes beyond his book. For nothing is clearer than that the Court frowned ominously on L'Estrange's first adventures in this direction. Even a gaol was contemplated for him. 3 The analogy between his conduct now and in 1679-80 is striking. In both cases the Government might say of him ' thou marshallest me the way I was to go ', by interpreting the true mind of the Court. * TnUh and Loyalty Vindicated, pp. 58-60. PURITAN DIVINES AND SEDITIOUS PRINTING 77 understand the bitterness excited by this compliance. Crofton's defence was to be communicated to his brethren in a printed pamphlet, which, however, was warily stifled by his friends. Written copies were handed round, the familiar method of sedition among the sectaries for thirty years. As a result of his compliance Crofton found himself free in 1662, but remorse drove him to the greatest anti- episcopal excesses and marked him out for L'Estrange's quarry ^. The abortive proceedings of the Savoy Conference made it clear that unconditional surrender was the fate offered to Presbytery. The concessions in the Prayer Book yielded by the Bishops were ' for the most part verbal and literal rather than real and substantial ' ^. Whilst admitting divisions within the ranks of Presbytery. Baxter makes much of similar fissures in the Church. Setting apart intellectual differences which undoubtedly existed, it may be said that between Stillingfleet and Morley it was merely a question of how far Conformity could be forced on people. Baxter was naturally regarded as the soul of Presbyterian contumacy, and while he was suspected of a hand in the document referred to below, he was more particularly blamed for the book which came out a little later, and was long regarded as the classic of the Savoy Conference Papers. The Petition for Peace^ has no dedication or preface, but is addressed as a kind of minority Report to the Episcopal Commissioners. Yet, as L'Estrange put it, these people were those from whom it was most scrupulously concealed. That it had to steal out without a printer's name seems to us incredible, having regard also to its singular modesty. In substance it makes the usual appeal in the name of Usher, 1 Memento (1662), Dedication to Clarendon. Kennet {Register), 397, 402, etc. Baxter (Life, ii. , 288) describes Crofton's career. See his curious Defence against the Fear of Death, written in the Tower, 1661-2, 'and now made publique for the advantage of such as abide under God's present visitation in London by the Pestilence, 1665'. No printer's name. Crofton was minister of St Botolph's, Aldgate. Kennet, 375 (February 1660-1), quotes from Roger L'Estrange's Interest Mistaken {Holy Cheat), ' The single imprisonment of Crofton hath quieted that party more than all the multiplied mercies of his Majesty '. So Ralph, i., 32-3. 2 ^ Reply to the Most Rev. Archbishops and Bishops commissioned to treat about the Alterations of the Common Book of Prayer ', probably written by Baxter, and bound up with the Petition for Peace. 3 E. 1091, May 1661. A Petition for Peace with the Refoimation of the Liturgy as it was presented to the Right Reverend Bishops by the divities appointed by His Majesty's Commission to treat vrith them about the alteration of it, 1661. 78 SIR ROGER L'ESTRANGE as the Mediator between Presbytery, or Primitive Episcopacy, and the Church. The part reason why it aroused so much spleen — apart from its merits — is that it synchronised with two sets of inflammatory tracts which marked the first general engagement between the Government and sedition — the Regicides' printed speeches, and the first batch of Farewell Sermons of the ejected ministers ^, ' some hundreds of whom, able, holy, faithful ministers, are late cast out and not only very many of their families in great distress but (which is of far greater moment) abundance of congregations in England, Ireland and Wales are overspread with lamentable ignorance and are destitute of able faithful teachers, and seeing too many that are insufficient, negligent or scandalous are over the flocks (not meaning this as an accusation of any that are not guilty nor a dishonourable reflection on any party much less on the whole Church) '2. The style of the tract strongly resembles Baxter's, and there is scarcely a doubt that he wrote it. So at least thought Roger L'Estrange when he indulged in one of the least creditable of his little creditable attacks on Presbytery. The Eelapsed Apostate created considerable stir^ It is provided with a mocking Dedication, an Advertisement and an Introduction. In itself it is a lengthy diatribe, but in the usual L'Estrange fashion no mere declamation, but a thorough, if one-sided quoting of chapter and verse, adorned also by two quaint quotations from Ben Jonson's Bartliolomew Fair. The ferocity of the piece is partly explained by its date, 14th November 1661. It was issued at the moment of his greatest unpopularity with the Court because of his attacks on Howell. This Presbyterian business offered him a welcome escape from the cloud of infamy he had involved himself in on that account. The situation was most difficult. On the one hand were the men led by Morley — an old Calvinist like Parker — who desired a thorough 'purge' in the Church of all those disaffected elements which at the opening of the Civil War had been a considerable weakening of the Royal cause. Clarendon seems to have been won 1 Prior to the Bartholomew Ejectment. See Airy, Burnet, i., 315-6. 2 Petition. for Peace. 2 The Relapsed Apostate^ or notes ripon a Presbyterian Pamplet entitled, A Petition for Peace, etc., wherein the faction and design are laid as open as heart can wish, by Roger L'Estrange, 1661. It was long remembered by good Church- men. Eachard's extravagant praise is of course corrobated by Kenaet {Register, p. 232). PURITAN DIVINES AND SEDITIOUS PRINTING 79 over to this course by his friend Morley, after having trilled with the other view supported by Southampton^, which aroused the hopes alluded to in the King's Declara- tion of October 1660. Burnet hints at a coolness between Southampton and Clarendon as the result of this change of mind, and it is this vacillation in the Government mind during the winter 1660-1 which gives L'Estrange's Relapsed Apostate considerable importance. For it attempted to drive matters beyond hope of the pacification desired by Southampton, Anglesea, and Sir Harbottle Grimstone, but evidently not by Morrice^. That Morley and L'Estrange (if we may mention these two together) were not ill-advised as a point of policy in this matter, is shown by the history of the Church for the next forty years, and particularly by the Whig revival within its pale in 1682-5. But whether the no-comprehension movement and the stiff attitude of the Bishops at the Savoy Conference were — as Burnet hints — partly due to the Court's already conceived ambition towards Rome, whilst the spread- ing abroad of rumours of disaffection and exaggerations of the disturbances of 1661-2 were merely the work of the hot spirits to defeat any project of accommodation, it is impossible to say. It is extremely unlikely that L'Estrange in his series of bitter attacks had any motive but to dis- credit the thing he hated ^, and it does not take much imagination to see behind his spleen the sinister figures of the Tolls and Thoroughgoods of King's Lynn who had impoverished his family. Nor did it need great perspicacity to note the dangerous drift of the great mass of anti-episcopal literature, which the ejectments and the Regicides' speeches provoked. When all this is said it is still difficult to see how the Petition for Peace could be construed as a libel, except — and L'Estrange was clever enough to fasten here — from its clandestine and widespread publication. L'Estrange's information — he had already taken on himself the duties of unofficial Press Scout — showed that the Faction had taken 1 Airy, Burnet, i., 316. 2 Ibid.^ i., 316, note. 3 So far Sir Sidney Lee (Art. on L'Estrange, Diet. Nat. Biog.) is right in using the phrase 'with greater disinterestedness' to describe his anti-Presbyterian activity. Others, however, even on his own side, spoke more slightingly. The contemporary view is rather expressed in the remark about some one, who coming away from Lambeth, with only thanks and benedictions instead of money, swore, • Damme, let the rogues henceforth write for themselves'. Ohservator, i., 289. Sec Kennet, Register^ p. 232. 80 SIR ROGER L'ESTRANGE extraordinary precautions against discovery. They addressed it to the Bishops, yet ' from them of all the rest, it is with most care concealed, but on the other side, the copies flie in swarms about the nation '^ To the excitable Royalist the parallel of the 1641 Petitions for a thorough reformation, and the earlier Scottish tumults, was ever in mind, and with so many recent revolutions, it was by no means certain that the present Government would prove more stable than the others. 'Just in this manner did they encroach upon his late Majesty, whom they pursued and hunted with their barking arguments upon the very scaffold, and then, when they were sure that words would do no good, they babbled a little, as if they meant to save him ' ^. When the Alarm to the Armies and similar papers tried to drive a wedge between Presbytery and the Loyal party in March to April, 1660, Roger had used very different language ^. Now his cue is to confound Presbytery with the violent sects and to minimise their numbers. ' Surely he's much a stranger to the temper of the nation that does not know the Presbyterians to be very inconsiderable, both for number and interest of credit with the people. Where did they ever anything without the Independents ' ? Baxter's claim that the moderately Presbyterian clergy pre- dominated in London was perhaps an exaggeration. But the order of the day was 'down with Presbytery', and L'Estrange was at the labour-oar — a commission from the Church rather than the Court, which still dissimulated. Friends warned L'Estrange against this infraction of the rules of the game, at the same time it was reported that he was preparing a list of all those ' now in employment ', who had borne arms against the King or his father. This was not true, but he did suggest that a list for the King's own private use might be a benefit^. About this time, and indeed since the Restoration, another schismatical person was troubling the repose of the Church. 1 Relapsed Apostate — Introduction. 2 Ihid., p. 28. Echard, iii., 6-7. 3 L'Estrange's reply to the Alarm to the Armies, 4th April, 1660, E. 1019 (19), • The shameless beast proceeds to charge the secluded members with the guilt of the King's blood upon a senseless inference drawn from the Declaration of both Houses in 1647 touching the reasons of the votes for non-address '. Koger then explains how these votes were passed. The Independents shuffled them through when the Presbyterians were dining. 4 Relapsed Apostate — Advertisement. PURITAN DIVINES AND SEDITIOUS PRINTING 81 Edward Bagshawe, student of Christchurch, has obtained his place in Anthony Wood's gallery of portraits and a by no means favourable one ^. Nor did Dr Walter Pope ^ remember his bitter and invective nature more tenderly. Of an aspiring and turbulent spirit, his pages — and indeed his titles — are, with the exception of his devotional works, charged with containing nothing but accusations, and his life at Cambridge, and as second master under Busby at Westminster School, displayed a great deal of wrong-headed but always original violence. This man threw in his lot with the ejected ministers in November 1662, but might still have been happy as Anglesea's Chaplain in Ireland. His stay there was however very brief, and in December 1661, soured with discontent — according to Wood— he was back in London to begin anew his denunciation of the Bishops and the Government. Hence a broad hint in L'Estrange's Memento in reference to noblemen who harboured schismatical chaplains ^. Bagshawe's first offence was to mingle with a controversy where his interference was distasteful to both the principles. In December 1661 Morley and Baxter (who was still con- tinuing his ministrations at Kidderminster), carried their feud of the Savoy Conference one step further, the Bishop forbidding Baxter to preach, as being in no sense the lawful occupant of the living. Morley published a letter on the subject which revealed the correspondence on both sides, and said many bitter things of the Presbyterians. Baxter had not intended to reply, when in December 1661 Bagshawe intruded on the field with his Animadversions on the Bishop of Worcester's Letter. It is well known that Morley, though Calvinist by training, stoutly opposed any real compromise at the Savoy Conference, and rejected, with some disdain, the Proposals for the Reformation of the Liturgy. His notes of objections to the Presbyterian amendments are still worth reading, but his remarks, that he saw no reason for change, nor the men that were fit to make it, must have done less harm than his interdict on Baxter from preaching at Kidderminster. Yet Bagshawe's Ani7nadversions were as offensive to the latter as to the 1 Athence Oxonienses (Bliss, iii., 944-50), Fasti, ii., 120, 166. ^ Life ofSeth Ward (1697), pp. 38-41. See also his lines ' On Le Strange (1689), quoted in Notes and Queries, 3rd Series, v. 462. 3 Tragically exemplified (according to L'Estrange) in the case of Lord Rnssell and 'Julian' Johnson. See his Considerations upon Lord Russell's Speech, 1683, F 82 SIR ROGER L'ESTRANGE Bishop, and were the occasion of an unseemly wrangle between these two eminent Dissenters i, terminated only by the death of Bagshawe, after various terms of imprison- ment, in 16712. But to Morley's Vindication sprang three doughty champions, and the doughtiest Roger L'Estrange, who, not content with the Howell wrangle, his own Vi^iclication, and his abuse of Baxter, now rushed in to attack as abusive a man as himself. His Whip for the Schismatical Animadverter on the Bishop of Worcester's Letter is neither a dignified nor even a clever performance, and the Bishop may have experienced some of Baxter's disgust at his own meddlesome champion. Whilst the Whip was in the Press, Bagshawe, hearing of L'Estrange's breathing out threatenings, cleverly forestalled him with a Second Part of his Animadversions^ ivith an answer to all that L^ Estrange intends to wnte. The date of the Whip is 7th February 1662. It so happened that Roger had had for some time in hand a more ambitious book — it deserves the name — The Memento, a work on the Rise of Sedition based on Bacon's famous Essay ^. It was easy and congenial for L'Estrange to infuse a double portion of wrath against the meddlesome priest into the Dedication to Clarendon*. The Memento remained unanswered for some time, and then, on 10th May 1662, Bagshawe addressed a short appeal to Clarendon complaining of the levities and treacheries of L'Estrange. We should remark that while Roger had in the meantime cleared himself before reasonable men of the imputation of disloyalty — his appointment as Surveyor of the Press in February 1662 is warrant enough for that — it was sufficiently annoying to find the old charges re- appearing, as if nothing had been said in the matter, and 1 Kennet, Register, p. 609. Baxter on Bagshawe : ' I could have wished he had let it alone for the man hath no great disputing faculty — and wholly a stranger to me and the facts, but being of a bold and Roman spirit he thought no suffering should deter a man from the smallest duty '. 2 The occasion of Baxter's classic lament. * Whilst we wrangle here in the dark, we are dying '. ^ 'Of Seditions and Troubles', No. xv. of Essaj/s and Counsels. Koger probably used the 1632 edition. A second edition appeared 1682 under the title A Memento, Treating of the Rise, Progress and Remedies of Seditions, tvith some Historical Reflections vpon the Series of our late TrouUes. It omits the Clarendon Dedication, the personal matter, and the last three chapters of the original edition. •* He says it would be a particular favour if Clarendon would order Bagshawe to make good his charges against L'Estrange before the Council. The date of the Ucdication is 11th April, 1662, PURITAN DIVINES AND SEDITIOUS PRINTING 83 that by a man who could know nothing of the facts. In appealing to Clarendon in May 1662, Bagshawe was following the example of L'Estrange's A'pology of the preceding December, the result of which had been the office alluded to i. Smarting under the insults of Bagshawe's Appeal and evidently dreading its results, Roger now addressed himself to the Privy Council in a Vindication of singular force and — for him — moderation. As Truth and Loyalty Vindicated'^ throws considerable light on the subject which was to absorb his energies practically for life — the licentious Press — we shall have to notice it more particularly when we come to deal with that interest. Meanwhile we may dismiss Bagshawe with a reference to the meagre details of his remaining years given in Wood, Pope, and Baxter. He had thrown in his lot with the Nonconformists, was ejected from his living at Ambrosden, Oxfordshire, in November 1662. His insolencies or faithful- ness led to his imprisonment first in the Gatehouse and then in the Tower — where one regrets to say he was not free from L'Estrange's persecution^ — was free in London in the Plague year, but on refusal to take the Oath of Allegiance, was again imprisoned, and still maintaining his feud with Baxter, was liberated in order to die in 1671. If we may judge by one or two unfriendly notices, L'Estrange was generally understood to have been soundly beaten by the Puritan divine. He had found his match in vituperation. Before leaving the subject of L'Estrange's attacks on Presbytery it may be convenient to summarise his work in this connection. Apart from Bagshawe he had inveighed against Corbet in the Holy Cheats Baxter and the whole 1 L'Estrange's Apologj/ to Clarendon, 3rd December 1861, E. 187 (1) used largely in the preceding account of the Interregnum tumults. - Truth and LoyalUi Vindicated from the clamours and reproaches of Edmund Bagshawe, 1662. See article in Eng. Hist. Itev., April 1908, Nnoshooh and Letters of News of the Restoration, by Mr j. B. Williams. 'In 64 pages of verbose and vituperative narrative, Roger L'Estrange cleared himself, ended the controversy and silenced his opponent. He was now a famous writer '. This censure of Truth and Loyalty would in another critic scarcely argue much acquaintance with the pamphlet literature of the age. The result is correctly stated, however. 3 In August 1665 he seized in Bagshawe's cell The Case of John Dairies. Davies was a minor Crofton committed to the Tower 20th December 1662, with the narrative of whose savage treatment Bagshawe was attempting to console himself under like severity. C.S.P.D. (1664-5), p. 545. This vindictive treatment of fallen enemies is the most observablQ vice in L'Estrange's character. Sec chap. xi. 84 Sm ROGER L'ESTRANGE crowd of Presbytery in the Relapsed Apostate, and the supplement to it entitled State Divinity'^. The fourth and greatest of this kind printed in the year in which he was formerly installed in the new office of Surveyor is Toleration Discussed^, long remembered as the classic castigation of Dissent, and directed against the whole mass of Dissent, but singling out Calamy in consequence of a contumacious sermon preached in defiance of the Uniformity Act at his old Parish Church, St Mary Aldermanbury, 28th December 1662. It will be seen from this list that L'Estrange attacked the very heads of the offending factions, and the men who had some claim on the gratitude of the Crown. Baxter and Calamy had been only less active than Prynne in promoting the Restoration, and Calamy especially was much courted by all parties on the consummation of that event. All these pamphlets have a common theme though directed at different persons and with different degrees of abuse. To contest the idea that Presbytery had signally helped on the Restoration, to show that on the great question of Toleration, the enemies of the Church were hopelessly divided and did not know what to ask for, to underline the parallel between 1641 and 1661, and to draw the distinction between respectful and submissive appeals to authority and tumultuous protests, in a word to bring in the Presbyterians guilty of faction, through the double agency of Press and Pulpit, was the iterated burthen of these works. Numerous passages might be chosen to exemplify every one of these positions, but a brief quotation of each may suffice. And first there is the claim of the Presbyterians that they originally helped on the Restoration, a claim which, as we saw, L'Estrange was very much inclined to encourage in the Interregnum struggles. When Republicans like Nedham, as a last move, attempted to drive a wedge between the Royalists and Presbyterians by showing that 1 state Divinity, or a Supplement to Relapsed Apostate, 1661, probably November. 2 Roger L'Estrange, Toleration Discussed, 1663. Sir Sidney Lee (art. L'Estrange, Diet, of Nat. Biog.), 'He seems to have re-issued at the same time under his own name Preshytery Displayed. ; a tract previously published anonymously ', But Roger distinctly says (Preface to Toleration Discussed) * the author of it, I know not '. He had no reason to publish anonymously then. PURITAN DIVINES AND SEDITIOUS PRINTING 85 the latter had been identified with all the great measures against the Stuarts, his indignation then knew no bounds. By 1663, however, things had changed, and we find him writing in Toleration Discussed the following dialogue ^ : — * Zeal. What do ye think of the secluded members ? ' Conformity. I think a new choice would have done the King's business every jot as well ; and matters were then come to that pass that one of the two was unavoidable. In fine, 'tis allowed at all hands that the prime single instrument of His Majesty's Restoration was the Duke of Albemarle. •But if ye come to parties, the very fact appears against ye ; for though all possible industry was employed to make the next choice totally Presbyterian by disabling all such persons and their sons as (in effect) had served the King since 1641, without manifesting their repentance for it since ; yet so strong was the general vote of the people for the King's true interest and against all factions, that all endeavour was too little to leaven the next Convention as was designed. If ye have no more to say for the merits of your party we'll pass on to the merits of the cause'. The second position, that the Nonconformists were divided on the subject of Toleration, is argued with an appearance of more reason. Baxter's saying ' We distinguish the Tolerable from the Intolerable ' ^ was spoken in connec- tion with the King's proposal of a Catholic indulgence, but the Commonwealth record of Presbytery is sufficient to show the substantial truth of L'Estrange's plea here^. ' If it be the Uniformity ye dislike, how come ye to join with the Directory against the Common Prayer ; with that of the Assembly against that of the Church ? In short your disagreements among yourselves are almost as notorious as your conjunction against us, and ye have given proof to the world that it is not possible for anything else to unite you but a common booty ; witness the contentions, papers and 1 First edition 1663, p. 25. This was the type of question the Burnets and Oldmixons loved to argue. /S'ce Eachard, iii., 6-7, and Oldnjiixon, i., 486, who reprints Baxter's remarks on the subject, in which the affair for which Love suffered and the Booth Rising are claimed for Presbytery. Page 304, ' all the stir the Royalists could make was by spiriting up mobs and mutinies in City and Camp '. Page 448, * We are now come within a few weeks of Restoration and we yet have not a word of the Cavaliers '. See also Hallam, Co7is. Hist, of Eng., pp. 483 and 488. See also L'Estrange, Double Yoii.r Guards, oth April 1660 (E. 1019 (19)), and Treasons Arraigned, 3rd April 1660, where he attacks 'the shameless beast, (who) proceeds to chaise the secluded members with the guilt of the King's blood '. See chap, iii., p. 80, note. ^ Oldmixon, i., 488. 3 Toleration DUcuss'd, p. 44. 86 SIR ROGER L'ESTRANGE disputes betwixt Calamy and Burton, Edwards and Goodwin and others, not to be numbered, concerning the very point of Toleration. The desires of the Independents for a Toleration, (say the London Ministers), are unreasonable and unequal, and many mischiefs will follow upon it both to Church and Commonwealth. Rutherford tells ye that such opinions and practices as make an evident schism in a Church, and set up two distinct Churches of different forms and government cannot be tolerated. Milton again will have the Presby- terians to be ministers of sedition, not ministers of the gospel' ^ Again there is the eternal parallel of 1661 to 1641, after- wards extended to 1681 -. Then : Among the presages of foul weather the Lord St Albans reckons ' libels and licentious discourses against the Government ', etc. ' We need not run beyond our memories to argue this point, it being within the ken of our own notice, that libels were not only the fore-runners, but in a high degree the causes of our late troubles, and what were the frequent, open, and licentious discourses of Cloakmen in Pulpits but the ill-boding play of porpoises before a tempest ? ' We may remember also the false news of Plots ^ against the religion and liberties of the nation, and how the King was charged as an abettor of the design. We may remember how the Irish blood was cast upon the account of his late sacred Majesty even by those men whose guilty souls are to reckon with divine justice for every drop of it'. Moiv : ' If we look well about us we may find this Kingdom at this instant labouring under the same dis- temper ; the Press as busy and as bold, sermons as factious, pamphlets as seditious, the Government defamed. The lectures of the Faction are thronged with pretended converts, and scandalous reports against the King and State are as current now as they were twenty years ago'. Lastly, and to sum up. Presbytery is Rebellion — the single theme of the Holy Cheat, the first and most violent of Roger's attacks on that sect *. 1 See in this connection the excised attacks on ParHament and Presbytery in Milton's //is^o;;^ — published separately by the Court in 1680, printed by H. Brome, L'Estrange's publisher. Milton was singularly little quoted by his own side and for compliments he was indebted to the other side — the usual fate of a purely rational spirit. 2 The tract called the Parallel or Semper Idem, 1661, is an admirable thesis on this subject, but a doubt as to its authorship forbids quotation. See Appendix. 3 Inserted to bring it up to date, 1681. The pamphlet quoted from, is the rd edition of A Memento, etc. , originally published in 1662. 4 First edition 1661, p. 98. All these tracts were reprinted 1681-2. PURITAN DIVINES AND SEDITIOUS PRINTING 87 'All popular factions take the Church in their way to tne State, and I am to seek whenever any Prince quitted Episcopacy and saved himself, that is, his royal dignity ; for the empty name of King is but the carcase of Majesty. It is with the unruly populace as it is with raging tides, they press where the bank is weakest and in an instant overrun all, If they had either modesty or conscience, they would not force so far, if they have neither, will they stop there ? What did the late King grant? or rather what deny? till by their mean abuse of his unlimited concessions, he lost his crown and life ? Yet what assurance words could give him, he wanted not, words wrapt up in the most tender and religious forms imaginable. But what are words when a crovn lies at stake? 'If to be no way forward in promoting changes in the civil State be a mark of the Church, the Presbyterians are out of the pale'. Speaking with Crofton particularly in his mind Roger adds : ' Their reasonings are dishonourable to the memory of the late King, seditious and provoking to the people, bold and imposing in themselves, repugnant to the established law, and to the main scope of the general pardon '. These excerpts may illustrate the view which was responsible for the persecutions of Charles II.'s reign and of the early months of his successor. They were, as has been said, L'Estrange's title to the gratitude of the Church, but it was not till the Popish Plot crisis that he improved that title to the extraordinary degree that money was publicly contributed to him by Oxford, Cambridge, and the Judges of the realm — a fact which shows clearly the attitude of the Church to that crisis. One thing is borne out very clearly, the fearlessness and generality of his attacks. As in the Interregnum, so now these attacks were by no means immune from danger. They fell in as has been said with that victory of Morley and Clarendon over the Southampton party, and were probably more instrumental in persuading the Government that they had overlooked a useful ally than all his Apologies, Caveats, and old Cavalier appeals. Yet the importunacy of these appeals and protests is an important element of his turbulent activity, and since the old historians, Eachard, Oldmixon, and Kennet unite in taking him as the spokesman 88 SIR ROGER L'ESTRANGE of this phase of Restoration opinion, it may be desirable to take up that story here. The Holy Cheat had, as we saw, interrupted this side of his activities, and beyond acrid remarks in the Prefaces to his anti-Presbyterian works he did little publicly to embarrass the Government on that score. But we can imagine Mm mingling in company with the disappointed ones, recapitulat- ing their grievances and setting their account of Edgeaill and Naseby against the Government's mean neglect and meaner abuse. It is clear that in the meantime Roger had been received back into the Cavalier fold and the old suspicions quieted. Had their murmurings been ignored they might have died down with the allocation of the £60,000 grant in 1662 1. By Howell's indiscreet CorMal for the Cavaliers they were suddenly revived. When Howell wrote — July 1661 — Parliament had not yet established the Loyal Officers' Fund, and it was embarrassed by the abortive Press Act and the great Uniformity Act, which Clarendon had at last introduced. Howell's own specially created office of Historiographer Royal had been bestowed in February, and Charles' gift of £200 was an ingredient of his satisfaction^. In his well-meaning way he now said precisely the things to remind men that he at least was provided for. His recommendation of a good conscience was beneath the emoluments if not * the dignity ' of the Historiographer Royal. That the King was nob long established and as yet embarrassed by poverty, that a fund was speedily to be set up to relieve the necessitous, and — the gravamen of the charge from the other side — that the King was not favouring the Commonwealthmen, and a frank acknowledgment of the fact that the King came in through the Presbyterians — these are the points of the Cordial which infuriated L'Estrange. 'Therefore noble Cavaliers possess yourselves in patience'. As for himself his long imprisonment and the loss of a dejure office spoke for themselves. 1 See p. 93. Incredible heartburning was caused by the distribution especially on the head alluded to by Clarendon, of the sums granted to those who did nothing for the King prior to the Kentish Revolt or even the Cheshire Rising. {Oontinuation, ii., 36.) 2 Gibber [Lives (1753), ii,, 3-4). ' In the time of the Rebellion we find Howell tampering with the prevailing Power . . . for which reason, at the Restoration, he was not continued in his place as Clerk to the Council, but was only made King's Historiographer'. So Eachard, iii,, 178, *of several parties by his i:)ractice '. PURITAN DIVINES AND SEDITIOUS PRINTING 89 The Caveat to the Cavaliers, which answered this some- what cynical consolation — the second edition, enlarged, dated 13th August 1661 — starts by referring to it as *a well- meaning mistake ', but gradually the author lashes himself into a fury over the spectacle of ' the City-Church Meetings like authorised Conventicles, the Pulpits profaned by unqualified and seditious lecturers, and those too chosen out of the rankest of the old Separatists, both Presbyterian and Independent', whilst the truth is, even in respect of their boasted numbers, * the odds of it are at least thirty for one throughout the nation'. But what must have enraged parties most was the vehemence of his attack on the late Indemnity Act \ which ' makes them (the Separatists) masters in effect of the booty of three nations while the King's active friends are beggared'. In the same breath, he denies the charge of ' pressing on the King's necessities ', and hints that Henry IV. of France in a similar case at least helped his ' lame soldiers over the stile '. Bacon was called in once more to testify that 'He who pinches his friends' bellies, loses their hearts', and he that advises the Prince to leave the old friends for new, is a traitor. As to Howell's estimate of twenty Cavaliers rewarded for one Presbyterian, * Count again and you'll find a dozen of capons to one lark.' The Presbyterian and Independent are two ravenous beasts, and there is no such sympathy (as is alleged) between them. The vogue of Caveat was very great ^. To call it a 1 Quoted by Hallam, Cons. Hi&t, p. 506, note. 'The Act of Indemnity put a stop to any suits they might have instituted. . . . They were compelled to put up with their poverty, having the additional mortification of seeing . . . the Clergy . . . not the same in their fortunes '. See also Kennet's Register, p. 233, and Somer's Tracts, vii., 517, 557. 2 Kennet, Register, p. 231. ' The Cavaliers began to complain over their being neglected. Mr Roger L'Estrange published a bold remonstrance on that occasion, August 1660, answered by Mr Jas. Howell and replied to by L'Estrange, Yet it was certainly after this month, I think in December. The writer got nothing but to be Licenser of the Press '. The above is Kennet's marginal notice of the Caveat which he described in the text as 'a notable book in favour of the distressed Cavaliers, which took so wonderfully in the nation and contained so many bold truths ', Kennet followed Eachard in his quotations from the Modest Fleet for the Caveat as where Hancock (the preaching bookseller) prays, ' Give the King another, a new heart, Lord ' ; and Mead seconds him with a word of comfort * ye know not what a year, yea a month, may bring forth '. See Eachard, iii., 64. Kennet is of course wrong in his year, the date of the Caveat being 13th August 1661. The peculiar offence of the work Vv'as that it came so soon after the King's Speech (8th May 1661) warmly recommending the Indemnity Act. From Clarendon's remarks thereon{Cojitimtation, ii., 180), we infer that he half approved L'Estrange's indiscretion. 90 SIR ROGER L'ESTRANGE menace is perhaps too strong because it mingles its bitter- ness with an extravagant submission, offering the bosom to the Prince's dagger but threatening him with destruction out of the mouth of Bacon if he did not fill their bellies. It certainly was a most liagrant contravention of the Act of Oblivion 'maliciously reviving past differencies,' and report came hot-foot that its author was lodged in Newgate. Howell's reply bore an unfortunate resemblaoce in title to another Sober Inspections, written in 1653 in praise of Oliver. It gave L'Estrange the cue for attack in his Modest Plea for the Caveat and its Author (28th August 1661). Besides the exposure of Howell's loyalty, the Modest Plea addressed itself to another, and, to the Court, more grateful theme — the manufacture of sedition by Press and Pulpit — 'Not a day that passes without seditious lectures in the City '. Mead's lecture was noted with its significant phrase ' Ye know not what a ononth may bring forth — and with such an accent upon month that upon my soul, I thought it related rather to the timing of a plot'^. Francis Tytan, the Commonwealth Stationer and lately made one of the two printers to the House of Lords, incurs our author's anger for ' dispersing treason since His Majesty's return, for there's a combination betwixt the Press and Pulpit to do mischief. Before leaving this subject it may afford some amuse- ment to quote Roger on the subject of these furies twenty years later, when he enjoyed the full favour of the Court and could then adopt Howell's satisfied attitude. In Observator, No. 201, vol. i., August 1682, occurs the following dialogue which shows the longevity of the Cavalier's complaints: — ' Tory. Are there some of the late King's servants whom his present Majesty has not had either the means or the opportunity perhaps in any remarkable way to oblige ? This does not, however, derogate from the King's gracious inclination. ' Whig. Well, but I know scores of these old Cavaliers that have changed their principles no more than the sun does his road, and yet at this day they are accounted as arrant Whigs ^ and seditious rascals. 1 Modest Plea, p. 6. The date of the Modest Plea is 17th September 1661. •Report speaks me a prisoner,' says Roger, for his Caveat. i^ See Memoirs of the Earl of Aileshuri/, i., 6, already quoted. ' Whigism really sprung by degrees from the discontent of noble families '. PURITAN DIVINES AND SEDITIOUS PRINTING 91 * Tory. Upon the main I cannot find one instance that suits your purpose, hut if men will go off upon animosities and piqices or disappointments, who can help it ' ^ ? Truly there were now a dozen larks to one capon ! In Ohservator (1289) he returned to the same subject. This time Trimmer asks: — 'What snarling pamphlet was that you wrote against the Court and Ministers, the Act of Idemnity, the King's Declaration touching ecclesiastical affairs ? It was against Howell soon after the Restoration. * Ohservator. Alas for the hand of ye, it was the Caveat to the Cavaliers, and there were some other papers of Observators^ upon several fanatical libels of these days against Church and State '. Amongst the group of satisfied Cavaliers was Sir John Birkenhead, who naturally saw much cogency in Howell's Cordial. Besides he nourished a jealousy of the younger man. Aubrey has described Sir John as ' exceedingly con- fident and witty,' but * not very grateful to his benefactors ' ^. His heaped-up honours at the Restoration, and after, caused him to dislike the murmurs of less fortunate men. He wasf one of Howell's defenders and suggested publicly that L'Estrange should be sent to Bridewell and whipped*. Sir John's record of loyalty seemed as good as any man's — having lived in a poor way at Oxford and refused all com- pliance in the Commonwealth — though he had scarcely exerted himself as much as Howell and L'Estrange during the Interregnum. L'Estrange did not hesitate to suggest that Birkenhead had also played the traitor to Oliver ^ This is perhaps worth noting merely as another instance of the reckless charges thrown about in the settlement of these long accounts — the process which gave such pain to Clarendon. 1 On the whole, Musgrave (Character of (1696), chap, ii., introd., quoted Oldmixon, i. 693) seems justified in saying * The Cavaliers were some of them very well pleased, others as highly disgusted according as he (Charles) answered their expectations'. 2 Holy Cluat, etc., 1661. 3 See Wood, Athence, iii., 1203. * Belapsed Apostate, introd. *A Justice (Birkenhead) that .... would have had me whipped '. 5 Ihid. ' What ! Sir John B , too. Your most humble servant, sir. Can you tell me whether old Oliver's physicians or his Intelligencers had the better trade on't. ... I am told that he (Birkenhead) and Barkstead (the regicide) were formerly fellow-servants, and conferred notes. Now this same Barkstead laid that very Law to me ; he told me that I was a Fidler, and that a Fidler was a Rogue by the Statute '. 92 SIR ROGER L'ESTRANGE The Belapsed Apostate, tlie introduction to which bears these charges, is dated 14th November 1661. A week or so later L'Estrange received at Westminster Hall the private apologies of a gentleman who confessed to having conveyed to Clarendon the slanderous story of Roger's pension. ' L'Estrange ' (says he), ' I am glad to meet you, for I'm unquiet till I've told you something, which both in honour and in conscience I think myself obliged to acquaint you with'. He then proceeded to explain that Captain James Whitlocke, ' a Knight of Cromwell's ', had told him the story of the £600 pension first. Clarendon's reception of the news was 'charitable, considering the suggestion, but as related to my innocence it loas sharp and cruel '. Hence the cloud of suspicion which surrounded him at Whitehall, and hence on the 3rd December 1661, his Humhle Apology to Clarendon} wherein he demanded to be put on trial for his life. This Apology merely recapitulates in four or five pages the heads of the long story told in the earlier Apology. The apologist afterwards stated that Clarendon gave him his word that he never suspected he could be such a knave, and ' from that day to this,' says the Observator — but inaccurately — ' no mortal has ever offered a syllable in contradiction ' 2. One distempered mortal called Bagshawe, as we savr, did six months later ^ repeat the old scandals and to the same high authority in a reply to Roger's Mertiento (April 1662). The motto of this last work, Sic canihus catulos simules, intro- duces a vicious attack on Bagshawe's personal character, besides defending the author from various charges. The pension story had only been scotched by the Apology to Clarendon. Captain Whitlocke was repeating the story and offering evidence on the points. Like the former defence, the Memento is dedicated to Clarendon, ' under whose roof I have formerly received so many, many benefits', and reminds the Chancellor rather boldfacedly that ' it is not for a man either of my nature or condition to thrive by begging '. At the same time he enlarges the scope of his attack to include, though cautiously, the Earl of Anglesea for harbour- ing Bagshawe, who he prays may be ordered before the 1 E. 195, 625. '^ But so late as 31st March 1663 we note that Birkenhead charges L'Estrange before the Commissioners for Indigent Officers with ' writing a book against the King, which Roger L'Estrange denies and offers to prove his denial, if permitted in regard of Sir John's privilege as M.P.' C.S.P.D. (1663-4), p. 92. ^ His Apology to Clarendon, June 1662. PURITAN DIVINES AND SEDITIOUS PRINTING 93 Council to substantiate his charges. For the last time the writer reverts to the pitiful condition of the Cavaliers and the swelling state of their enemies i. * Did but his Majesty walk the streets as we do to over- hear the whisperings and the murmurs, to observe the various passions of the people to see the stand they make '. * That's he ', says one, ' that brought me to a Council of War because I would not march against the King at Worcester and now he's so and so. There goes another that condemned me upon the King's account, and he's in such and such an office'. These are brave, jolly fellows, but before this wonder is over, up comes two or three perhaps of the sadde«t spectacles a man's eyes can look upon ; they have scarce strength enough to move, nor cloth enough to hide the scars they have received in the King's service. ' Do you see that sickly man ? (cries one) He is a gentle- man that has spent his fortune for his Majesty ; that very Colonel that goes before, he was sequestered and plundered ' 2. When Roger wrote the danger point was over and him- self in a — though rather humble — office. The policy of the Court had swung round nearer L'Estrange's position. The Uniformity Act was in operation, though the guillotine did not fall till St Bartholomew's Day of this year. The £60,000 fund for ' the sickly man ' and the * Colonel ' of L'Estrange's quotation was presently to be passed through the House. The policy of keeping the Cavaliers out, on the assumption of their inviolable loyalty, had received a slight check. Questions had been asked in Parliament as the 1 * Charles II. ', says Bohun [Diary by J. Wilton Rix (1853), p. 127), * had them i all under his feet and the nation so far incensed against them that if he had but left them to their destiny, the public hatred would have plumed them to their bones. . . . But then all was sold for money and that they might not despond, pensions were underhand paid them when those that had spent their estates in , his and his father's service starved in his Court'. See also H.M.C.., 5thRept.,/ p. 105. * As yet men of my loyalty have only our mouths filled with laughter and; our hearts with heaviness '. 2 Cf. also Capt. Chas. Hammond's Tndhs Discovery, 1664 (Somer's Tracts, vii., 557) : ' I believe we have been a table-talk in most parts of Christendom these three years past, but much more since our Dividend of indigent money hath been alloted us ; not 6 weeks' pay for 6 years' service and 16 years' suffering '. The Humble Representation of the sad condition of the King's party {ibid., 517) asks that 'for such soldiers ... as are old, maimed, without calling or stocks to exercise them, provision may be made '. On the other hand others got too much. Sec Marvell's (?) Seasonable Argument, etc., 1677 (chap, vii., 221): 'Sir John Bennet has got of the poor indigent Cavaliers' money £2,600'. Sir John was Treasurer of the fund. See also Introduction to C.S.P.D. (1661-2), pp. 8-9 for The Humble Memonstrance and Complaint qf Your Majesty's Roycd and Loyal Party, 94 SIR ROGER L'ESTRANGE result of L'Estrange's agitation. Already he was a familiar figure at the Secretary's office — naturally at that of Nicholas rather than that of Morrice. He still haunted Westminster Hall with his discoveries of libels and clandestine printers. He awaited the passage of the delayed Press Act to come into regular office. He had talked and talked, raised a storm over the treatment of his fellow-Cavaliers, and done such execution on the Presbyterian leaders and their allies in the Press ^, that his name was now prominent on the list for advance- ment. He had shown much boldness, and whilst always professing an almost abject loyalty, had not trifled with what he conceived to be the truth. He had called on the Crown to do what Charles had made a show of avoiding — to become the King of a party rather than of the nation^. Twelve years later the same Cavalier councils prevailed in Danby's Government in alliance always with the Church. It was said then that the old Cavalier had now become very ancient and pious, a fit instrument for the tyranny of the Church. 1 Besides his attacks on Crofton, Bagshawe, Calamy, etc. , he urges the arrest of ' Wm. Jenkins, of Christ Church, London '. Macaulay has noticed his savage jeers when in 1684 Jenkins was released by death. See Truth and Loyalty, p. 26, where L'Estrange quotes a sermon of Jenkins' dated 24<7i September 1656. Such was his notion of the Indemnity Act ! ^Eachard, iii., 6. 'The King to show that he would not reign over a party of his subjects, thought it proper to reward several, who had been enemies to his father and himself, and at the same time set aside many loyal subjects who had been illustrious sufferers.' But 'the pretenders were as many as the real sutt'erers '. ' The King himself was obliged to act ft.s the head of a Party, a dis- agreeable situation for a Prince, and always the source of much injustice and oppression'. Hume, JSTu^. o/'i?n^., viii., 167. CHAPTEK IV THE BLOODHOUND OF THE PRESS We have already touched on the license of the Post- Restoration Press, but in order to understand how Ministers viewed excesses of this sort, it will be necessary to relate very briefly the history of previous legislation on the matter. This has already been done so far as the enumeration of Statutes and Ordinances goes, by various writers, but an intimate sketch of the History of the Stationers' Company in their relations to the Government and the Surveyor remains to be done ^. As is to be expected the seventeenth century is prolific in documents printed and other, relating to this subject, but most of these have the bias of party or interest, while later writers, like Hallam and Macaulay on the one side, or formal writers like Wilton, Rix, and Tymperley on the other, either content themselves with speculation or a bare enumeration of Statutes. The more modern labours of Arber and the work of Mr J. B. Williams do more to supply the gaps in our knowledge, but the former has quarried out a vast heap of information with little attempt at a connected narrative, and the latter is confined to too narrow a period and subject to do more than prepare for a more general history. Our literature on this subject is therefore, though often well-written and informative, on the whole unsatisfactory. While apart from formal attacks, the seventeenth century ' Whiggish ' literature is saturated with complaints and gibes against the * padlock of the Press ', and the equally grievous monopoly in books, the eighteenth century, scarcely sure of its liberty in this direction, delivers from time to time nervous attacks on the old system associated for all time with the 1 For a list of writers on this subject see Appendix. 95 96 SIR ROGER L'ESTRANGE name of L'Estrange, and attributes the blessings of the Revolution to the enlightenment produced by the defiance of the ' brave assertors of English Liberties ' in the Press. The alarming growth of deism towards the end of the seventeenth century associated with the names of Toland, Tyndal, and Shaftesbury revived the question of a Restraint for a year or two ^. By the late eighteenth and the nine- teenth century the matter had almost entered the antiquarian stage, but the alarm created by the French Revolution and the spread of Atheism provoked certain prosecutions on the part of the Government which recall the worst days of Charles II. and his brother. We have lived to see printers convicted to-day for seditious printing on a panic libel law dating from those alarming times \ An event which induced Southey in the nineteenth century gravely to propose the Repeal of the Act of Toleration might have been expected to arouse the latent re-actionary feeling on the topic, which never quite dies out. Even to-day the example of a Press Law in India causes sober persons to regret the absence of such a measure in England, while the proposed withdrawal of the Restraint on the stage — not quite a parallel it may be admitted^ — causes a good deal of misgiving. The one element, however, which after 1694 is not again seriously proposed, is the part in which Hallam held that the real Restraint resided — the Imprimatur ^. Nor to-day could such a bar be set up. Even in the case of the less prolific drama, those who wish to study the inevitable difficulties and evasions of a seventeenth century licenser, cannot do better than compare the evidence of the late stage licenser before the Committee of Summer 1909, with Bohun's Diary and the accounts of L'Estrange's various appearances before similar committees. 1 See Genilernan's Magazine, April 1738. Essay on the Press — 'The Revolution may be justly said in some degree at least to be owing to the communication of knowledge by the Press whilst under a licenser, and yet this clog was not taken off it till it expired of itself, and even then great pains were taken to revive it '. For the 'great pains ' see Hallam, Cons. Hist. (1879), p. 719. 2 The reference is, of course, to the trial of the 'syndicalist ' printer Bowman convicted in March 1912 under the old Statute. 2 Though its imposition caused the alarm which called forth an edition of Areopagitica in 1738. ^ Ibid. 'The liberty of the Press consists in a strict sense merely in an exemption from the superintendance of a licenser '. See for example the draft o a proposed Bill for Regulating the Press, 1698-9, repeated substantially in another attempt in 1706. H.M. C, New Series, iii. , 271 . Every feature of the old Statute is retained save the Imprimatur. THE BLOODHOUND OF THE PRESS 97 The absence of Press Law did not, as we shall see, leave the Government powerless to deal with the matter. In the Seventeenth Century, it is again and again insisted on by judges and others, that the Common Law can deal with offenders, and the Eighteenth Century so teems with successful prosecutions that men asked if the Press, what with the new taxes on paper ^ what with general warrants and the still undefined law of libel, had gained much by the Repeal of 1694. The General Search Warrant, the ugliest feature of the Restraint in the Seventeenth Century, remained over far into the Eighteenth Century. Monopolies, on the other hand, had certainly disappeared, at least in the outrageous form of the previous age. Erom these three features of the Restraint, viz.: the Imprimatur, the General Warrant, and Monopolies, the History of the Press on its penal or prohibitive side may be read. If we add legislation or orders to restrict and govern the printing and bookselling fraternities, we have all the elements argued in our huge mass of literature on the liberty of the Press. Conceived from its introduction in the Fifteenth Century as the King's express monopoly, no one predicted for printing such a position of national concern as it soon assumed. It was certainly as easy in the first century of its existence to think of it as Crown property, as it was in the Seventeenth Century to look on the Post Office as the property of the Duke of Fork, to be farmed out as he chose. Both these 'late inventions' speedily assumed great proportions, but from its nature the latter has nominally remained with no dissentient voices what it was from the first, while already by the time of the Reformation, we find a good deal of chafing against the Royal prerogative in the Press. The Reformation, the counter-Reformation, and marriage of Philip and Mary, and the Mar-Prelate controversy are events of capital importance from the point of view of the Press in the Sixteenth Century. They let loose angry feelings which demanded a public expression that only the ' late invention ' 1 Defoe, Preface to 7th volume of Review. ' If such a design (the tax on public papers, 1711) goes on it will soon appear whether it be a proposal to raise money or a design to crush and suppress the papers themselves'. fi!ee also Addison's Spectator, No. 445 — * A sheet of blank paper must have this new Imprimatur clapt upon it'. Professor Henry Morley (ed. of Spectator, p. 63(), note) has some interesting remarks on the Press. 98 SIR ROGER L'ESTRANGE could give^. 'In the reign of Henry VIII.', says Hallam, ' when the political importance of the Act of Printing, especially in the great question of the Reformation, began to be apprehended, it was thought necessary to assume an absolute control over it, partly by the King's general prerogative, and still more by virtue of his ecclesiastical supremacy '. Pemberton in the famous law-suit of Seymour v. The Stationers, 1678, affirmed the Royal control of the Press from the date of its introduction ^. The lawyers who approved or ' exemplified ' the various orders of the Stationers' Company, founded their authority on the Press Act of 19 Henry VII.^. Mr Wilton Rix goes still further back in referring such restraints to the Council of Trent, and therein follows the lead of Milton, Blount, and other hot champions of liberty in the seventeenth century, who desired to connect the Restraint with the horrors of the Inquisition. On the other side, an anonymous writer in William III.'s reign, who desired to see the Act revived, complains that 'before the reformation, 1517, printers devoted themselves to printing the ancient MSS,, or books written by the great men of those times for the promoting learning, the printers then being learned men and excellent judges of books and the art not degenerated into a mercenary trade, and whilst this continued, there was no need to regulate the Press. In England, after the Reformation, the terrible havock of unlicensed printing on the Continent (especially Holy Leagues and Martin Luther quarrels) were of slower growth . . . things were well kept under till 1640, and it is well known the calamities the nation groaned under between that and 1660 were mostly caused by a lawless liberty of the Press '^. 1 Printing was adjudged a ' new invention ' down to 1678. ' The Lords in the resolution of that case (Atkyns v. Stationers — law monopoly) relied upon this that printing was a new invention, and therefore every man could not by the Common Law have a liberty of Printing lawbooks '. Modem Reports (1683), pp. 256-7. " Ibid. 'The exorbitancies and licentiousness thereof has ever since it was first found out been under the care and restraint of the magistrates. In England it has from time to time been under the King's own regulation '. As late as 1 Jac. 2 (Case of Stationers v. Parker, Viner, xvii., 208) the Koyal prerogative was argued on the ground that ' it was an art introduced by the care of the crown '. •" Sec the Press Statute in 19 Henry VII., quoted in the Stationers Orders and Rules, 1678, 1682. and 1684. Arber, Transcript of the Stationers' Regiders^ i., 4-20. Yet ' we find no attempt on the part of Henry VIII. or his son Edward VI. to harass the printers as such '. (Bigraore and Wymau, Bib. of Printing (1884), ii., 120. •* Tanner MSS. C. 739, 141. See Mr Augustine Birrell's Seven Lectures on the Law and History of Copyright (1899), p. 49, where he quotes M. Renouard (Traite des Droits d'A2cteurs{183S), i., 29-30) to show the reasonableness of this early view of printing ' au moment ou la pensee c'etait la guerre '. THE BLOODHOUND OF THE PRESS 99 In Edward VI.'s reign began the system of monopolie in all manner of primers with a view to enforce conformity to the Book of Common Prayer^, a monopoly for which printer Seres suffered in Mary's reign, though Elizabeth handsomely compensated him by setting up in his family the most extensive and detested monopoly of the reign. Mary not only set up the Stationers Company (the Society had long enjoyed an informal existence ^ ) but attempted by an Act in her last year to ' gag the Press '. It has been denied that she was animated in this matter by particular religious animosity, but if she was scarcely awake to the possibilities of the * new invention ', her sister was under no such delusion. The reign of Elizabeth is marked by an ever-tightening grasp of the Press, and all later legislation is indebted to her initiative for Press forms and terrors^. In 1559 a Proclamation *, in 1566 a Star Chamber Ordinance attempted to crush what soon appeared in the quarrels of the sects to be a grave nuisance. The Mar- Prelate controversy gave a new importance to the matter^ and was the cause of Whitgift's Ordinance of 1586, which not only re-affirmed the Imprimatur of the earlier Proclamation, but limited printing to London and the Universities^. The Stationers Company began now to assume great importance, and the authority delegated to them by Mary was by this Ordinance largely increased by rights of search, which, however, were often frustrated by the interference of the civic rulers of London. These rights were the subject of much subsequent 1 See Strype, Memorial, i., 378 and 504, and Egerton Papers (Cam. Soc), 138, 9. 2 Mr K. C. Eivington's Essay on the Kecords of the Stationers Company, in Arber's Registers, v., 11. 3 Hilger (Joseph, JJer Index der Verhotenen Bilcher, Freiburg, 1904 (pp. 206-21)) is thinking of this reign particularly when he says, * Wie in keinem andern Lande sind die englischen Zensurgesetze mit Blut geschrieben '. •* Arber, i., Introd. ' Printers regard not what they print, so they may have gain ', the refi*ain of so many enactments and orders. ^ Martin, Books Privately Printed, p. 16. * In the reign of Elizabeth a private Press was erected at Wandsworth when the Presbyterians established in 1752 a Presbytery "the first-bom of all Presbyteries in England'". He quotes Collier {JiJcc. Hist., vol. ii.), 'This junto published a great many venomous pamphlets under the disguise of Martin Mar-Prelate ', and D'Israeli {Quarrels of Aidhors), ' Never did sedition travel so fast nor conceal itself more closely '. •> ' This intolerably harsh enactment ' (Bigmore and Wyman, ii. , 121). Sir John Lambe, Dean of Arches, 1637, remarked that ' the Decree (of 23rd June, 1586) doth not appoint any certain number of Master printers but leaves it to his Grace's (of Canterbury) pleasure or the Bishop of London, who when cither of them please may (together with 5 more of the High Commissioners) allow any free and able i^rinter to work as master of his trade '. Arber, Registers, iii., 704. 100 SIR ROGER L'ESTRANGE recrimination on the part of the monopolists who before exercised them, and indeed until the expiry of the Act in 1679 claimed coincident authority with the company. The sad effects of the executive power in the company of Stationers, from Queen Mary to the time when, 'the Company obtained a decree of Star Chamber to invest the executive power of Printing in them against the Patentees ' is the burthen of Eichard Atkyn's Original and Groivth of Printing, 1664. And indeed the Stationers in the seventeenth century were so deeply involved in struggles against crown- monopolists, that a law officer was regularly retained by the company. At the same time several of these were also great men at Stationers Hall, and when we come to examine the methods employed by Charles after the Great Fire to subdue the license of the Press and in despair of the Act, we shall find that they resolved themselves into an attempt to intrude these loyal monopolists into the governing body, and so effect what Atkyns and the others desired, viz., a return in effect to the state of things which prevailed before the Star-Chamber decrees of 1586 and 1637. Many Ordinances and Acts of Elizabeth created and protected monopolies, and James' rule, the golden age of monopoly, continued the practice^. But he made the Stationers Company the greatest monopolist. ' The reign of the peaceful James', says one writer, 'seems to have been little disturbed by the products of Private Presses although the work of Vorstius, D& Deo, published on the Continent, which was publicly iDurned here, gave him con- siderable uneasiness, and was the subject of long diplomatic correspondence 2. The reign of his unfortunate successor has been well described by Johnson as " the age of pamphlets " '. If James' reign was peaceful, it had hardly closed before the Government was confronted by as serious an irruption on the part of the Press as had called forth the Decree of 1586. With the fanatical rigour which characterised him. Laud, as Bishop of London, set himself the task of silencing the Bastwickes, Burtons, and Prynnes, and in the event was 1 Seres' monopoly was extended in 1571, and in 1591 passed to his son. For example, the law monopoly so fruitful of later troubles is granted (7th Eliz., 6) for 7 years to Totell, 20th Eliz., for 30 years to the same, 41st Eliz., for 30 years to Wright and Morton, and 15 Jas. I., for 40 years to John Moore. /See Arber, v., 57. The Statute 21 Jac. I. protects the patentees. 2 Martin, vols. xiv. and xv. Hilger, op, cit.y cites several other cases in this reign. THE BLOODHOUND OF THE PRESS 101 accused, as L'Estrange was later and by the same people, of allowing * popish ' books to pass ^, while his secretary Heylin extracted from the works of Prynne such innuendoes as brought the latter and his comrades to the pillory 2. But the Ordinance of 1637, while regarded generally as the coping-stone of this rigorous policy^, was taken by others and especially the patentees to mean (as indeed it did) the continued augmentation of the power of the Stationers, and while we find the Eestoration tract The Press Pressed and over-Pressed, looking back to the Ordinance as introducing the Golden Age of the Press, we find Atkyns affirming that thereafter ' the pamphlets began to fly about like lightning '. To the latter the jurisdiction of Council and Star-Chamber was necessary and the Act of 17th Car. I. which took away that authority brought in the second deluge. There is indeed a singular parallel between the years 1637-40 and 1677-80. Putting aside Atkyn's jaundiced view, there was in each case, after a display of energy and repression, a period of comparative calm, broken in the one case by the Civil War, in the other by the Popish Plot. Both lead up to factious Parliaments, which swept away previous restraints and endorsed the view that such restraints were aids to Popery. Moreover there was an attempt in 1680 to do what the patentees desired, to revive the authority of the Star Chamber and Council in the Press by transferring their precedents and powers to the King's Bench, an attempt which, despite Parliament's rigours towards Scroggs and Weston, was not unsuccessful, and which in the failure of these prosecutions left a heritage of tyranny to the next 1 See Printer's Complaint, 1629 or 1630, that Laud and his Chaplains monopolise the surveyorship of the Press and allow only Popish books to pass. 2 For the extraordinary circumstances of this case see Dociiments Relating to the Proceedings against Mr Prynne (Cam. Soc.) ; especially No. 4, Prynne to Laud, p. 19. Printer, author, and licenser were punished, ' for an author who taketh upon himself to write, ought to be a man judicious to understand what he writes '. 3 * One of the most atrocious laws ever enacted in this "land of liberty"', Bigraore and Wyman, ii., 122. It ordered a bond of £300 to be entered into by all printers, the point which L'Estrange's efforts were chiefly directed to enforce. ■* Gentleman's Magazine, April 1738, Essay on the Press. 'By these means {i.e., of Sir George Jeffries, etc.) we now enjoy the fruits of these blessed endeavours which were made by Charles II. and James II. for reviving in another shape the great tract of prerogative of the Star Chamber by transferring its powers and precedents to the King's Bench '. See also Hallam,*Cb?is. Hist. (1879), p. 613. In the famous debate on the conduct of the judges 6th December 1770, it is of some interest to remark that whilst Fox said ' The Judges are blameless ', Burke said, * All judges are but men '. Pari. Hist,, xvi., 1264, 102 SIR ROGER L'ESTRANGE The Commonwealth Parliament soon found that a Free Press was a luxury they could not afford, and far from the twenty years confusion being a period of liberty, it is rather characterised by greater severity. The Imprimatur which Hallam took to be the essence of restraint, was in 1643 handed over to a number of Puritan divines^ who exercised their duties with as much rigour as the old Episcopal licensers, and affronted the Levellers and Inde- pendents by the same highhandedness and intolerance which had swept away the former. The natural result of the Independent triumph of 1649 was the setting up of new licensers under Bradshaw's Act, but again the old trouble of licensing appeared. The three general licensers could not overtake the work 2. In 1652, 1656, and in 1658-9, the authorities were called upon to put the Act in operation, and whilst Cromwell lived a certain severity prevailed, but his son's accession, as we saw, brought confusion worse con- founded, and the Council vainly called on Scot and Tichborne and London's magistrates to put down the nuisance^. By April 1660, we saw, the danger of publication had slipped to the other side, and just before the Eestoration, Prynne was appropriately chosen by the Commons to draw up an Act which should once for all deal with the matter. The real trouble in the Commonwealth, as in later periods, was to be found in the Imfrimatur. The twelve clerical licensers set up by the Ordinance of 1643 and the three by that of 1647 were unpaid. There was especially in 1647-9 a real feeling that the restraint was pernicious, and this was inflamed by Royalist writers then remark- ably prolific. In May 1649 Gilbert Mabbot resigned on conscientious grounds*. The Stationers complained of the inadequacy of the three licensers who neglected their honorary task. When the matter was taken in hand at the Eestoration, no provision was made in the Act (1662) for payment of licensers, and it therefore devolved on the Government to make provision for the Secretary's nominee. As the Episcopal licensers gradually restricted themselves to licensing works of pure theology, the vast duties of the post i Bigmore and Wyman, pt. ii., p. 22. Parliamentary Papers, No. vi., give a list of the licensers. 2 See the Stationers' Petition, 20th December, 1648. JI.M.C, 7th Report. 3 C.S.P.I). (1659-60), pp. 343-4, 2nd February 1660. 4 Claimed by one of Milton's first biographers, Toland, as a convert to Aroopagitica. THE BLOODHOUND OF THE PRESS 103 accumulated, and though the importunacy of L'Estrange, we shall find, made the post actually lucrative, the rock on which contemporary and later licensers split was that of undefined remuneration for impossibly arduous duties ^ One class which had gone down the torrent in 1640 now clamoured for restitution. To the Patentees the late troubles seemed the chaos resulting from the license of the Press of which they were the natural guardians. Like the Churchmen they awaited impatiently their Eestoration, their Act of Uniformity which should eject the present usurpers. But they had no zealous Parliament to force their claim, and many were doomed to hopeless petitioning for favours already in the possession of those whose retention of them was, according to the early policy of the Court, deemed expedient. Of the three parties, patentees, printers and booksellers, the first were concerned with the restoration of their interests and a protective clause in the new Act. They got this, but individuals like Norton, Atkyns, and Seymour had to fight hard in the Law Courts for their individual patents. To decide between the more general rights of the Stationers' Company and the particular copies of the Patentees was the delicate work of the Courts. The Printers were left as they had been in a miserable way still sighing for freedom. They had been the first to petition against the monopolists in 1641 -. Their best fortune was to have no restraint on the Press at all. Hence — so the Stationers said — their opposi- tion to the new Act of 1662 ^. That being ineffective, they preferred a strict Act*, which should have the effect of turning them, as in 1637, into a closed select corporation, 1 L'Estrange said he took no fees for licensing, but then (apart from much evidence to the contrary) he also said that the Neivshook yielded no profit. Tanner MSS. C. 739 (141) c. 1692.— The Copy of Reasons for Reviving the Act, etc., already quoted. 'As to the licenser there is no office employed by the Crown which is not better paid considering his great labour and hazard '. The writer proposes a fine of 8d. on unlicensed books, or a sum for each book licensed ' the omission of which in the Act is one of the greatest defects '. One reason, no doubt, for the continued restraint on the theatre is that the licensing though arduous can still be accomplished by one or at most two officers. 2 Bigmore and Wyman, ii., 122 ; Pari. Papers, i. and iii. Petitions of Printers, etc. against Monopolies. " H.M.O., 7th Report 154a Petition of Stationers, 17th January 1662. ' The great design of these Printers is to obstruct the passing of the Bill and to gain to themselves the estates of Petitioners and others '. 4 Bigmore and Wyman, ii., 126 ; Pari. Papers, xvi. Case of Free Workmen Printers (1662-5), i., probably belongs to the later date, for it complains that on the expiry of the Act (two years) the Printers had increased to 70. 104 SIR ROGER L'ESTRANGE and for this end, freedom from the tyrannical Stationers Company (whose great men were booksellers, not printers), and, if possible, separate incorporation was their demand ^ Between Patentees and Stationers, they were in wretched plight and did not hesitate to say that their oppressors encouraged the illegal increasing of their numbers, so that they might have them more at their mercy. The author or scholar was still more at the mercy of the proud Stationer, who dealt with his copy as he liked and played on him all manner of tricks and rogueries 2. Such was the condition of parties in the Press when a new stream of sedition warned the Government to hurry forward their Press legislation. Those who thought that with the return of Charles to Whitehall, a peace had been declared in the Press, had little knowledge of how repugnant that event was to a fairly large and desperate section. Chapman and Nedham had fled, and of ' brother Brewster ' •"' we hear nothing, but many men lay low during the Eestoration month — and hardly so long — awaiting the moment when the Presses would once more hum with sedition, whilst the great party of Presbyterians were only waiting inevitable disappointment and the pro- scription which was bound to come, and was perhaps hastened by such attacks as those of L'Estrange referred to, before they too would betake themselves to speak from the Press what they could not speak from the pulpit. We have seen that L'Estrange's attacks on prominent Presbyterians were a running commentary on their present behaviour viewed in the light of their ambiguous past. He had noted the tears shed for the burnt Covenant, manifestions of tears about to be shed for the Eegicides, and the publica- tion of such things — almost in the week of the King's landing — as Dr Manton's Smectymnuus Revived, and worse still, Douglas' old sermon preached to Covenanted Charles at his Coronation at Scone in 1650. There were also the works 1 A demand sternly opposed by L'Estrange. See his Oonsiderations and Pro- posals, etc., chap, v., p. 133. It is difficult to reconcile Professor Arber's selection of the Printers as the most enviable body of men with their constant cries of oppression. See Arber, Register, v. xxix. Also Mrs James's (17th January 1704) Reasotis thai Printing may not he a Free Trade. *At the first beginning of printing the whole trade centred in the printer '. Her view, like that of Atkyns, is selfishly monopolist. 2 George Withers, Scholar's Purgatory (Spencer Society, 6th collection, pp. 62-6) ; and Arber, Register, iv., 13-16. ^ Desborough's letter to Chapman quoted chap. ii. THE BLOODHOUND OF THE PRESS 105 of the gloomier fanatics God's Loud Cally and a dozen things which conveyed by their vague and prophetic rhetoric the most fearful auguries to ignorant and enthusiastic readers. When, therefore, the Government introduced its Press Bill in the same session that saw the Uniformity Act passed, there was a clamant case for its speedy passage. The vital connection between seditious printing (in the metaphor of the day the * feminine part of revolt ') and insurrection was impressed on rulers whose nervousness on this head during the winter 1661-2 is abundantly shown in the examinations of the Tonge and Venner conspirators, and the messages of alarm which passed between the two Houses and the secretaries \ Yet the Act introduced in 1661 was defeated on a scruple of the Lords, -who demanded exemption from the clause which empowered the Press Authorities on an ordinary secretarial warrant to search for seditious books ^. It has been said that L'Estrange was consulted in regard to this abortive Bill. If the draft of proposals in the document preserved in the Eecord Office ^ is anything like the Bill introduced, it is extremely unlikely that he had anything to do with it. For though the penalties proposed there are sufficiently severe to be of his suggestion, the setting up of twelve of the Stationers Company to be chief inquisitors of the Press was utterly repugnant to his views of the Stationers perfidy, and would besides preclude his chances of a coveted office. It is unlikely therefore that ' he must have been consulted with regard to the proposed Licensing Bill ', but the papers which seemed to accompany this ' Abstract of a proposed Act ' — that is, the ' Proposals for preventing, discovering and surpressing libels humbly submitted to authority by the Surveyor of the Press ' * — is undoubtedly his, though it seems 1 Burnet (Own Times, Airy's edition, i., 326) has suggested that these alarms were purposely fomented by the Government to excuse their harsh policy to the Dissenters. See Eachard, iii., 64; Pari., Hist., iv. 224, 226, also Mr Airy's note on the passage referred to. 2 Almost the most vital objection to such laws. Not all Milton's indignation based on the rights and dignity of human nature could shake the Imprimatur, but Locke's cunning appeal to the Lords on the inconvenience of the Search Warrant was successful in inducing them to allow the Act to expire in 1694. 2 Dated in the Calendar of State Papers, July (?) 1661. The writing is not L'Estrange's. 4 L'Estrange was appointed Surveyor on 24th February 1662. S. P. Pom, Car., ii., 51 (6). ^^e art. NewshooJcs and Letters of News of the Restoration, by Mr J. B. Williams {Eng. Hist, Rev. April, 1908). 106 SIR ROGER L'ESTRANGE from the word ' surveyor ' to belong rather to February or March 1662. Besides these papers there is obviously belonging to the same date, and by the same hand, a collection of extracts from Commonwealth sources between 1644 and 1654, censur- ing the present King, the young *Tarquin' of Mercurius Politicus' playful fancy. The proposals referred to above are instinct with that suspicion of the Stationers which makes it almost certain that the Draft Proposal of the Act is not his. The most rigorous bonds and oaths to be entered on by every freeman of the company are accompanied by a Bye-law * to oblige the Company to see their own bye-laws put in execution '. The Surveyor also demands a general warrant such as the King's Printers have had for twelve years with- out any clamour. He proposes for his emoluments — (a) The printing of all narratives and Intelligence not exceeding two sheets of paper ; (&) A monopoly of all bills and advertise- ment which he licenses^: (c) Is. a sheet on all other books. Needless to say these not very modest wishes were ignored, as was also the request for the Search Warrant — a perilous thing to grant at any time, and especially to a Secretary in the spring of 1662. The loss of the 1661 Bill seems to have considerably annoyed ministers during the nervous winter 1661-2, and as it was the period when L'Estrauge never ceased to trouble them with new alarms, there was a resolution to get a new Bill rushed through at the earliest moment. Even so early as 1661 it must have been troublesome to a secretary to have printers lying in jail whom only his commitment — a poor legal argument — could keep there. It may be remembered that on 3rd December 1661, L'Estrange published his Apology to Clarendon, which, besides pleading his own case, made a powerful exposure of the illicit Press. He had in his mind particularly a most important discovery, the result of his own unrewarded vigilance in July and August of this year — that of the ' Confederate ' Printers of whom we shall hear more presently. Between the Apology and May 1662 (the date of the Memento) the question of employing L'Estrange, probably 1 S. p. Lorn. Gar., ii., 39., No. 92 ; Pari. Hist., iv., 233, March 1662, quoting Ralph, ' as the Pulpit was to be purged by the Act of Uniformity, care was to be taken to bridle the Press and put the reins into the handa of a Licenser ', THE BLOODHOUND OF THE PRESS 107 rather on the strength of this discovery than of his com- plaints of neglect, was often mooted, but though he was certainly made Surveyor of the Presses in February 1662 by Secretary Nicholas' patent, the Memento itself proves this to have been the merest shadow of office, if it carried any emolument whatsoever^. Hence the proposals referred to above. It seems in fact to have done little more than legalise his amateur scouting in the dens of Little Britain. It was probably armed with the new authority, however, that he was able to score off Bagshawe by seizing a batch of his libels at Anglesea's house — a rather puzzling seizure when we remember the scruple on which the abortive Bill was wrecked^. The discussion of the principles on which the new Press Act was framed we may leave to the next chapter. This we are the better able to do as following the example of the new Treasons Act, the Press Law of 1662 was scarcely ever resorted to and was rather held in terror em, or as a justifica- tion to judges to proceed more rigorously by the more compendious Common Law — a course which recommended itself to a Government which wished to dispense with the aid of Parliament where possible, and to use the judges as a branch of the legislature. If therefore in the stern cases to be cited, no mention is made of the great Act of this year, it must be remembered that that Act was chiefly valuable for the powers of search and seizure which it vested in the Crown, and by delegation — often disputed on legal grounds — to the secretaries and L'Estrange^. For all practical purposes its only benefit to the public was the raising of prices by that clause which secured their patents to monopolists and that despite the periodical plaints of the poor printers^. In the confusion and multiplicity of 'libels', fanatical and Presbyterian, which darkened the air during the first 1 ' Fortune has been so kind as to leave me yet a bottle of ink and a heap of paper out of which pitiful remains I make your Lordship a present of a book '. Memento, pt. i., May 1662. These are not the words of a man with a lucrative place. 2 That the houses of noblemen were exempted from liability to search. 3 The legality of the General Warrant was the subject of exhaustive debate in the eighteenth century, during and after the Wilkes case. The great lawyers who argued that case were inclined to trace the warrant to the powers vested by this Act. See Pari. Hid., xvi., 1277. Debate of 6th December 1770. 4 See their Petition, 1662-4. S<'<>. also an excellent note on the Law Monopoly, Viner, Ahridgment (1742), xvii., 208. 108 SIR ROGER L'ESTRANGE three years of the Restoration, it is impossible to trace the history and effect of each. But there were certain of these obscure wares, which either from the juncture at which they appeared or because of their own or their author's importance deserve a cursory notice. And first it was L'Estrange's and Atkyn's loud complaint that Presbyterian wares were tolerated. But as time goes on, and especially after the Bartholomew eviction, their immunity became more precarious and they gradually adopted the secret channels of the darker hues of Dissent. We have already noted the chief engagements of the conflict between Church and Presbytery in which L'Estrange took such an intrusive part. Here we are only concerned with those papers and pamphlets as they were regarded as • libels '. There were first the two parts of Corbet's Interest of England in October 1660 and March 1661, respectively, the latter celebrating the memory of the regicide Carew. Baxter's famous Petition for Peace and the publication of the Savoy papers were the occasion of L'Estrange's violent Belapsed Apostate already noticed. In this work — always having in mind the men lying in gaol for his July discovery — Roger descanted on the secret and wide publication afforded these papers, and roundly accused Baxter of sending them abroad. He detected in the printers of the Petition for Peace a ' ring of menknaves,' who were in. everything during the late times, and several of them — as Francis Tytan — still continued in favour. It is not surprising that those Commonwealth printers of Mercurius Britannicus and other Mercuries, Ibbotson the leveller and R.W. *he that hunts in couples with Tytan ' ^, should bear a hand in a work of such vast sale. ' If my intelligence deceives me not ', says the irate Cavalier, 'the same schismatical piece of Holiness was delivered to the Press by one Mr Baxter or by his order, Ibbotson in Smithfield was the printer (the levelling Ibbotson, I suppose, he that printed the Adjutators Proposal, I mean, and the Petition to the Army against the Mayor and Aldermen in October 1647). I am told, too, E.W. has a finger in the pie — Britannicus, his old friend, he that hunts in couples with Tytan. These good folks have printed treason so long, that they think now they do the King a kindness to stop 1 Mdapsed Apostate^ Introduction, THE BLOODHOUND OF THE PRESS 109 at sedition. Indeed 'tis a pity their old Imprimatur - main was so unluckily called aside by a good office into Ireland ; we should have had the Toy stampedelse 'with privilege'. My information tells me further that the bauble was barrelled up for fear of venting, and so sent several ways ; which being performed with much secrecy and despatch does but bespeak a general tumult and prepossesses the nation against better reason '. He was right as to Baxter being the author of the Petition for Peace, but his charge against the latter of being privy to the publishing of the Savoy papers was certainly false ^. The curious thing is that Baxter should by his informa- tion to Secretary Morrice have admitted that the publication of these modest papers was a crime. Yet there was no Press Law when they saw the light first. If we add the papers of the Crofton agitation printed by Ealph Smith, a high person at Stationers' Hall-, and those of the Morley - Baxter - Bagshawe controversy to the category of disturbing, or as L'Estrange would say, seditious literature, we have the main scope of Presbytery's contribu- tion to 'sedition' prior to the more serious Bartholomew- ejectment deluge of Farewell Sermons. These pathetic discourses have little in them beyond exhortation to comfort, but in their cumulative effect ^ were a very powerful agency in persuading people that a Govern- ment which could eject such pious men must be vicious. The Government indeed hesitated in its treatment of this matter. On the one hand, there was Morrice's dubious action in regard to the Petition for Peace and Papers of Proposals, and a secretarial warrant issued for the arrest of 1 E. 1870. The Thomason Catalogue gives the date of publication as(?) May 1661. Kennet quotes Baxter on the subject {Register, p. 550). * Morley told me when he silenced me that our papers would be answered ere long (but) only L'Estrange the writer of the Neivshook hath tailed out a great many words against 6ome of them '. Baxter further tells us that on hearing of the publication of these papers, he informed Secretary Morrice, but would not hunt for the delinquent, though he privately thought him to be a poor curate of Dr Reynold's. Altogether Baxter's conduct was as unique as L'Estrange's charges were violent. ' Although I was above 100 miles off yet it was all imputed to me, and Koger L'Estrange put it in the Newshook that it was supposed to be my doing '. Baxter, Sylvester's Edition of Life (1696), ii., 379-80. 2 See his Apolog-y for printing Crof ton's Berith Anti-Baal, seized 23rd March 1661. Hart, Index Expurgatorias Anglicanus (1872-8), p. 191. ^ 'Ten or Twelve Impressions of the 1st, 2nd, and 3rd Volumes of Farewell Scrniotis, 30,000 in all, all which as they are now drawn in one binding do certainly make up one of the most audacious and dangerous libels that hath ever been made public, and they are now printing it in Dutch too, for tho greater honour of the scandal *. Considerations and Proposals, 1663. no SIR ROGER L'ESTRANGE Bagshawe for his Animadversions on the Bishoj) of Worcester's Letter (Second Part). On the other hand the Stationers themselves, largely Presbyterians, would not act against them^, and L'Estrange and Atkyns still vainly implored the Government to go to all extremes. It seems to have been agreed that nothing except attempts to resurrect the Covenant (Crofton's and Davies' crime) or personal attacks on Bishops from the side of Presbytery were for the moment to be proceeded against. The other great class — the non-Presbyterian libel — admitted no such tender treatment. It fell into two or three categories. (1) Mere Quaker or Anabaptist stuff taken as an affront to the Church and against the Act of Uniformity. (2) The Phoenix, Prodigy and Annus Mirabilis tribe — passionate tears for the burnt Covenant, and scarcely veiled prophecies of doom to the tyrant. (3) Regicide Speeches in two batches — those of October 1660 when the main body of executions occurred and those of Vane and Cook held over to 1661-2 2. These were distinctly seditious and tolerable by no Government of that age. They are to be sharply distin- guished from the scholarly and modestly-worded Appeals of Baxter and Manton ^ Even here, however, a distinction must be made between the direct treason of such a person as Twynne whose case has drawn so much notice, and the merely anti-prelatical jeremiads of Dover and Keache. In 1663 the Government was brave enough to cast its mantle over the Church. In ten years we shall find it has enough to do to protect itself. Before we consider this disloyal class it may be well to note a few of the outstanding names. Nedham we saw absconded — giving out the usual reason of debt, which may have been partly true, for his wages from Scot were stopped in April 1660, when the game of the Republic was seen to be up. He was followed into exile in 1 * It is noted as a rare thing for any Presbyterian pamphlet to be seized and suppressed unless by order from above, the great business of the Press being engrossed by Oliver's creatures'. Considerations and Proposals. - A full list of these seditious tracts is given in Truth and Loyalty Vindicated, with an account of the Surveyor's activities. See also notices in Mcrcuvius PuUicus, No. 27, 2nd July 1663, and 1st October 1662 (notice of a Private Press discovered). 3 The attempts of Eachard and Kennet to twist the patience of Baxter and Calamy into truculent menaces are ludicrous enough. THE BLOODHOUND OF THE PRESS 111 September by L'Estrange's Rope for Pol^ which may, as Mr Williams suggests, have been an attempt to anticipate conversion and subsequent favour for the needy journalist ^. If so it was aimed with foresight, for Nedham returned in the year of the Kestoration, made his peace, set up in his original profession as a physician, and fifteen years after did good court-service — with good pay — against the ' Men of Shaftesbury '. Nedham's ally, Livewell Chapman, who printed — and perhaps wrote — Plain English, did some of Milton's work, and kept up his shutters to the last, followed Nedham a week or two later — also for debt, though not also on account of a licentious life. Secretary Morrice gave him a protection in the autumn of 1660, and Livewell ventured back, but unlike Nedham to pursue his old practices and with new allies. We find him in 1661 stocking if not publishing quantities of the most hazardous wares in company with Brewster and Calvert. Shortly afterwards a prison opens for him, and after several interviews with the ' bloodhound of the Press ', L'Estrange, in 1662 he is set at liberty on a bond. But the great * drive ' of October 1663 swept him in again, and Frank Smith, the narrator of these earliest Eestoration passages, had the melancholy task of including Mr Lidwell Chapman {sic) in his catalogue of Press heroes ^ Chapman's allies — the 'Confederates' L'Estrange called them — Brewster, Dover, Frank Smith, Keache the tailor- printer - preacher, and the wretched Creake and Twynne were not eminent at Stationers' Hall, but they had a wide trade of the roving kind, in which their wives, obdurate Whig spouses whose services to the Cause, ludicrous though it may seem, were real and constant, took a main share. They and their husbands are the elder generation of j Dunton's ' brave asserters of English liberties '. j To ascend higher in the Stationers ranks, there were Kalph Smith, Crof ton's Printer and a future warden, Ibbotson, Hodgkinson, Lilliecraft, Kobert Wilson, all printers and publishers of Commonwealth papers, and worst of all 1 Williams (J. B.), History of Journolwn in the Seventeenth Century, p. 259. The date of the Rope far Pol is September 1660, the date when Roger afterwards stated he first wrote on his * discoveries '. ■^ aSIsc L'Estrange's improvement on Quevedo's Vision for a facetious encounter with Livewell in the Infernal regions, chap, xiii., p. 386, somewhat of a compliment to Chapman. 112 SIR ROGER L'ESTRANGE Francis Tytan, lately appointed printer to the House of Lords, while Cromwell's printers, Newcombe and Fields, seem to have been displaced as King's Printers in favour of the old loyal Barker ^ and Hill. But Newcombe is a great and coming man, is to print the London Gazet and die King's Printer in 1680. Hodgkinson still printed the Newsbook. These usurpations grieved the old loyal patentees — Richard Atkyns, dispossessed sixteen years before of his law monopoly, and Roger Norton, patentee in English Church books in a similar plight. To their imagination the Stationers craft reflected the sad condition of Cavaliers all over. To them — and especially to Atkyns — L'Estrange's strictures on a Prince who would pinch his friends' bellies, were specially grateful. On the other hand Birkenhead and his henchman Muddiman — of whom more in connection with the News- hook — were pleased with substantial rewards, and deprecated the disloyal murmurs of the * have-nots '. Those acts of retribution indulged in by the Restored Government which have excited the admiration of the 'loyal' party for their moderation, and the censure of the Whig historians, were each the occasion for an out- burst in the Press. The earliest act of judgment, the burning of the Covenant, created as much emotion as the blood of the regicides. These tears took the form of the Phoenix, a daring libel which prophesied the resurrection of the Covenant and all it stood for. It was the work of a Confederate group of Stationers of which Chapman, Calvert, and Brewster, all booksellers, were the chiefs. Creake did the printing, a poor fellow (so said the judges), ' who acted rather upon necessity than malice '. Dover (printer) finished the impression and Thresher bound the precious work. In prison Creake and Thresher gave some useful information to L'Estrange, whose talents in extorting evidence at the cheapest rates were formidable. When the alarm was given Calvert was seized, but Chapman and Brewster slipped through Roger's hands, though later they came in. Tytan was also involved, but there was not sufficient evidence to touch him. The whole credit of tracking and seizing the libel was 1 See his Petition for restitution, II.M.C., 7th Rept., p. 19a. THE BLOODHOUND OF THE PRESS 113 L'Estrange's, his first essay in this kind^ Armed with a warrant from Secretary Nicholas and a constable, he took one hundred and twenty copies fresh from the Press, and whilst hot on the scent through Little Britain and St Paul's Church- yard, came across an equally odious production still in the Press, called Annus Mirdbilis, or The Year of Prodigies, a work which recalls the prophecy that England would be betrayed by the Pulpit, the Press, and Astrology, but from another source is impudently described as 'a book grateful to authority, and of general caution to the nation, both to behold and consider the works of God"^. This particular form of Prodigies was not the book for which Calvert had been responsible, and which Brewster handed to the Press. The latter pretended to be Several Prodigies and Apparitions seen in the Heavens from 1st August 1660 to the end of May 1661, described in the warrant of arrest as * prognosticating mischievous events to the King ', and seized by L'Estrange in June when only one sheet had been worked off. But all of this 'Prodigy' school of libel have a close resemblance, and are all a strong reflection on the vulgar credulity of the age. For these libels, such of the * Confederates ' as had not fled were committed. Chapman and Brewster came in later, and it was while her husband was lying in prison that Elizabeth Calvert had the daring to order the completion of the Prodigies^ an order given to that chosen vessel of sedition, old Frank Smith — for which she too was committed. But L'Estrange had his eye on Frank, for ' the very day it was published ' he tells us in his narrative ' one of his Majesty's messengers came to my shop with a warrant both to seize the book and my person and carried me before the then Secretary of State (Nicholas)'. The warrant for Smith's arrest is of some interest as being of the type contested so vehemently in this and the next century. *It is his Majesty's pleasure that you take into your custody the person of Francis Smith, Stationer, for having 1 Truth and Loyalty Vindicated, p. 56. 2 Frank Smith's Narrative addressed to Shaftesbury (1680), reprinted at the close of his trial before Scroggs (1680), in State Trials, vii., 937, and in W. H. Hart's Index Expurgatorius Anglicanus, p. 184. It is one of the most interesting documents on the tyrannous side of the Press. L'Estrange is naturally a frequent name in the Narrative, though Frank speaks quite respectfully of him. 2 Truth and Loyalty Vindicated, pp. 56-8. H 114 SIR ROGER L^ESTRANGE a hand in printing and compiling dangerous hooks, and that you keep him close prisoner till further order from his Majesty, and for so doing this shall be your warrant. * Dated at the Court of Whitehall this 15th day of August, 1661. — Ed. Nicholas. * To the Keeper of the Gatehouse, Westminster, or his deputy '. * This word in my warrant " close prisoner " ', says Frank, * proved a fatal word to me, as many still living can witness (1680), for the keeper improved it to a title; there I was truly buried alive, it being a prison famous for oppression of poor prisoners as many besides myself can notoriously witness'. Though Smith was an ignorant enough and fanatical person, who took his stand on Magna Charta and frequently quoted the examples of Empson and Dudley m tyrannos, his case in this ' the least exceptionable ' period of Charles' rule was deplorable, and is of great constitutional interest. Three Habeas's were required to persuade Broughton, his keeper, to bring him before the judges of the King's Bench, and in the meantime the warrant was changed and legalised by the introduction of the name of his particular offence — the Annus Mirahilis. Smith was a great stickler for the legal aspect of things. In his opposition to the General Warrant he anticipated Wilkes by a century, and had the rabble at his back applauding his spirited resistance to the constables. But he was not alone in this respect. There possibly never was a time when quite poor and ignorant men proved so learned in the Law, their precedents, it has been observed, being founded on the constitutional experi- ment of the Lancastrian period. Before leaving Smith's instructive narrative, we may anticipate by quoting his reference to the fates of the ' Confederates '. 'As a close to my afflicted relation, be it remembered that many of these sufferings both in my person and substance were by general warrants exercised on me and without compassion (by those employed in surveying, print- ing, and vending books) upon many others of which a doleful catalogue might be given, of several persons by (in the general) mere arbitrary ways and particular or private piques that have (from a flourishing condition) been THE BLOODHOUND OF THE PRESS 115 reduced to such poverty as to die in gaols, others not able to leave at their death so much as to buy a poor 3s. coffin to carry them to the grave ; witness the truth in these cases of one Mr Brewster who died low some years ago in Newgate and his family reduced to such want that his wife lately lived upon charity and died under great extremity. One Mr Calvert died little less than in prison and his family brought to a total beggary, that once lived plentifully ; also one Mr Dover a printer died in Newgate almost to the ruin of his family, Mr Lidwell (sic) Chapman in the like manner, by continued imprisonments he and his family ruined, others fined above their ability as late instance shows ; others by like imprisonments, also were ruined by persons invested with power of surveying the Stationery Trade abusing the same at pleasure and even wink when and where they please as favour or pique governs them^, seize an unlicensed book because others shall not sell them, and sell them themselves'. Smith was remanded back to prison, and after vexatious delays and severe treatment and bribes by L'Estrange to discover the authors of Prodigies, was at last released on bail. The expense of several Habeas's and the length of his imprisonment, extending to nigh two years, must have sorely tried him. He became henceforth the most charge- able victim, not only of the Government's search and seizure, but of the Stationers' enmity. L'Estrange is a great figure in his several prosecutions, but before the great libels committee of February 1677, he appears as one of the Surveyor's witnesses against the Stationers. The one enmity was greater than the other. Again in 1684, when the hunt for Whiggish printers was in full cry, L'Estrange had * old Frank Smith' safely laid in prison on his indiscreet venturing over from the Continent 2. Of the other Confederates, to the chagrin of L'Estrange, who naturally took a vicious interest in the victims of his 'discovery'. Darby was released on the adjournment of Parliament in November. An attempt was made to prove Tytan of the band, but although he was probably a 1 He refers not so much to L'Estrange as to the officials of the Stationers Company. See chap, vii., 207. A good annotation of this passage would be a capital history of the Stationers Company in the Seventeenth Century. See also Smith's petition to Arlington, February 1673-4, S. P. Dom. Car., ii., 360 (149), and a letter of his (no date) Ihid. (150), both setting forth the Stationers enormities. 2 See p. 320. 116 SIR ROGER L'ESTRANGE publisher of the Pho&nix'^, no proof seems to have been forthcoming. In February 1662 — the month in which L'Estrange was appointed to the shadowy office of Surveyor — the Government emissary found Brewster at Bristol during the Fair. These provincial fairs were used by the secretaries for setting up booths for the sale of their seditious wares. Brewster was taken in his lodgings and his trunk revealed a wealth of this stuff sufficient to provoke a sharp warning to the Bishop to have a better care of his diocese, and to rout out such seditious booksellers as Simon Moon, whom Sir John Knight had just raided with excellent results ^. The fate of the ' Confederates ' was substantially as out- lined by Smith. The Northern conspiracy of October 1663 materialised the Government's suspicion and alarm. The direct relation of the seditious press to these revolts was certain. It was felt that something must be done effectually to overcome the delinquents, and L'Estrange in his newly erected office — not that of the old patent of February 1662 — felt it desirable to make a great show to justify his existence. In the first week in October his vigilance was rewarded by the discovery of Twynne busy at his treasonous work. The following week a visit to Simon Dover (who had lately been released after a year in prison) discovered on his person Murder Will Out — described by L. C. J. Hyde as ' a villainous thing scattered at York, a little unlicensed Quaking book'. The dangerous Panther completed the discovery, and lest it should be said that Dover was re- committed on the old Fhcenix charge refurbished to suit the hour, Roger declared in the Newsbooh that ' the Printer was apprehended in the very act of working it off, and it is hoped that many good uses will be made of the dis- covery as well for the manifestation of a design levelled at the very person of his sacred Majesty, and the peace of the public under the masque and colour of conscience and religion '^ Although Brewster and Calvert, with Chapman and Ferguson, had been released on bond in the course of 1662, they were again taken up in September when rumours of the Northern Plot reached the Government. 1 * Francis Tytan is as right as any of the rest '. Tmdh and Loyalty Vindicated, p. 57. 2 C.S.P.D., 2nd and 7th February 1663, vol. 1663-4, pp. 37 and 43, 3 Newsbook, No. 8, 12th October 1663. THE BLOODHOUND OF THE PRESS 117 Yet another printing rogue was 'pulled out by the ears' in the October raid, one of the old Brewster gang, Nat. Brookes, at whose house a peculiarly offensive book was found containing besides Regicides' Speeches — with a picture of Sir Harry Vane — a batch of ' consolation ' treatises of the 'You know not what a month may bring forth' type. Bundles of another libel which had a great vogue, Prelatich Preachers, were found, and the considerable resist- ance L'Estrange encountered in his memorable midnight raid on this house was used against Brookes at his trial 1. Thus by vigilance and by knowing where to look Roger had effected in this uneasy fortnight a clean sweep of the 'feminine part of rebellion'. It only remained now for the lawyers to connect by skilful hint and surmise the 'feminine' and the masculine Northern part. Eighteen weeks they lay in prison. From the notes of Chief Justice Keling, the Newshook, and Frank Smith's Narrative, we learn some very material circumstances regarding their treatment. In the first place, the whole credit of the business was due to L'Estrange, and even the printed trials were to his order printed by Harry Brome — a considerable favour shown to L'Estrange by the judges and a part reward ^ Secondly, the scandalous interval of nearly three years between the matter alleged against Brewster and Dover, and that against Twynne and Brookes with nevertheless an attempt made to bring them all in as Confederates, raises some doubt of Fox's description of the period as ' by far the least exceptionable part of the reign ' ^ Not one of these four cases was tried on the 1662 Press Statute, but all — ^^xcept Twynne's, who was indicted under the old Treason Laws — by Common Law. Brookes denied the fact alleged, and cut the poor figure noted by Defoe as characteristic of the printer in the dock*. He 'was only a workman. How could he be guilty of sedition 1 See an account of this interesting night's work in Brookes' Trial — State Trials, vi., 559-63. 2 The judges then claimed the sole right to print their own cases. Hence — Roger North insinuates — the judgment against Atkyn's law patent, reversed by the Lords. Scroggs admitted in his examination before the Privy Council (1680) that he had sold his right to the exclusive printing of certain trials. Amos [Cons. Hist, of Charles 11. (1857), p. 247]. 8 Bohn's Chxirles II. and James II. (1857), p. 301. * Life of Daniel Defoe, by W. Lee (1869), ii., 517. 118 SIR ROGER L'ESTRANGE and scandalous things ? He never printed anything, he was only a book-binder, that was his trade 'I Dover made a stouter appearance and grounded his defence first on the fact that admitting the printing — but not selling — ' it was done when there was no act or law in being touching printing ', and, secondly, he demurred that a book of speeches whose title runs ' faithfully and impartially collected for further satisfaction', could not be interpreted as factiously done. Brewster claimed that the speeches of dying men were matters of edification and public — that the speeches were 'almost as common as a diurnal' — an admission on which the judges (who may be styled the prosecution) eagerly fastened. The case in the Regicide packet which gave most offence was that of the lawyer Cooke, who suffered for acting as public prosecutor against Charles I. His letter to a friend included in the speeches could not be described as a public speech, and as it represented the Regicides as clothed in the flames of martyrdom, it carried a long way against the printers. But even without this, Hyde instructed the jury in one of the least judicial speeches of that age of 'good laws and bad Government', that even if the speeches were spoken in public 'let it be upon his own soul that did it'; for in case he did it, no man knew it but those who heard it. But to publish it all over England, 3000 of the first impression and a second, this is to fill all the King's subjects with the justification of that horrid murder 2. The Phoenix^ for which Brewster was also indicted, was a collection of old pieces from printed sermons of leading Presbyterians such as Baxter, Douglas, Calamy, etc., during the Commonwealth. It pretended to be printed at Edinburgh 'in the year of Covenant breaking', and was indeed handed to the informer Creake by the Confederates so early as May 1661. The defence that the Phoenix was not printed from manuscript, but from printed and licensed excerpts, 1 And so the jury brought him in guilty only of selling not printing. State Trials, vi., 563. 2 I.e. of Charles I. State Trials, vi., 546. ' Brewster : My Lord, these are sayings of dying men, commonly printed without opposition. * Hyde : Never. * Breioster: I can instance in many ; the bookseller only minds the getting of a penny ; that declares to the world, that as they lived such despei-ate lives so they died . . . and so I think is a benefit far from sedition'. THE BLOODHOUND OF THE PRESS 119 was brushed aside by the judge. 'Douglas' (sermon) was printed in Scotland, was it licensed here ? No, it was done there and brought hither. Then for the other sermon (Calamy's) by what license was that printed, was it not to set forward rebellion: to set up the Scotch Presbytery, and this in '45, when they were in arms against the King after the King put himself upon his defence and was at Oxford ? Do you tell me of the license of rebels then for your jiostification ' ^ ? So much for the Restoration view of the Presbyterian Imprimatur. The plea that they were very poor and ignorant men was discounted in Tywnne's case at least, by L'Estrange's evidence that he read the proofs of his libel, and in any case their poverty was not Hyde's business when he delivered his ultra tenementum sentences. Erom the few remarks made by the jury, they seem to have been mercifully inclined, especially in Dover's case. This jury was by the culprit's own desire specially chosen from the London Stationers. In case of any doubt as to the competence of the prosecution to deal with such a trade matter, Hyde assured them, with an obvious reference to L'Estrange, ' There are those already that understand it as well as booksellers or printers, besides half the jury are such ' ^. Creake and some terrorised printers were the witnesses against the Confederates. This person in part printed the Phoenix and Prodigies. A prison and the menaces of L'Estrange extracted from him the names of fifteen suspected persons ^. Whilst the political character of these trials is obvious, it cannot be denied that the Government had some colour- able excuse for severity. The Regicides are no sooner executed in October 1660 than their fortitude and inflaming speeches are published abroad to the world, and dispersed among the old soldiers and enthusiasts that thronged the streets, the ground having been already prepared by Phoenixes and Prodigies, the one promising a glorious resurrection for 1 state Trials, vi., pp. 553-4. a lUd., p. 519. 3 Ibid., p. 555. * L. G. J. Hyde : Do you think the Press is open to print what you list ? * Creak : I did so then. ' Hyde : When did you give Mr L'Estrange information of this matter ? * Creak : Lately, when I was a prisoner in Ludgate ', 120 SIR ROGER L'ESTRANGE the Covenant, and the other by lies and superstition seeking to prejudice people against their new governors. Venner's conspiracy in January, excited by the execution and speeches of Peters and the Regicides, was followed in October 1661 by the affair of John James, the substance of whose indict- ment was a conventicle speech to the effect that * the King and his nobles had shed the blood of the saints at Charing Cross ', exactly the insinuation of these speeches. Although the bulk of the Presbyterians did not approve the speeches or the attitude of the condemned i, the passing of the Uniformity Act threw a large body of moderate Presbyterian opinion against the Government, and numerous small con- spiracies — which Burnet says were prudently ignored — were the result 2. In December 1661 the Lord Chancellor, replying to an anxious message of the Commons to the Lords, stated that intercepted letters showed that there was a wide feeling of revolt, and exactly a year later Tonge's conspiracy sought by means of a treasonous letter, printed off by the thousand and dispersed among the congregations, to take advantage of the despair to which the Church policy was driving the sectarians. At the same time the venerable trick of a ' popish massacre ' was brought into service. While, there- fore, * there is reason to believe that the court very much exaggerated the transactions out of which arose the proceed- ings against those people, the Government is perhaps not to be Wamed for cherishing a most anxious wish to suppress every indication of commotion, which might have furnished a rallying point to all the disaffected'^. It can scarcely be wondered at that the prosecution, believing that 'the dispersing of seditious books is very near akin to raising of tumults ; they are as like as brother and sister', should have sought to bring in Twynne as an instrument of the Northern conspiracy and to throw a shade of that suspicion on the others. L'Estrange was persuaded of such a connection, but 1 See the disapproving remarks on this head of even such a zealot as Crofton in his little Defence against the fear of Death (1665). 2 Burnet speaks only of the 1660 to 1661 conspiracies, when he dismisses the suggestion that Clarendon fomented these petty plots. * Reports were spread and much aggravated as they were reported to the House of Commons of the plots of Presbyterians in several countries '. Airy, JB%irnet, i., 326. 20th November and 19th December 1661 arc the dates of reports to the Commons on the subject. 3 State Trials, vi., 272. THE BLOODHOUND OP THE PRESS 121 beyond the coincidence of the dates, the prosecution did not pursue the hint in Serjeant Morton's speech of such direct association ^ further than to show that the trials at York had proved the existence of a publication depart- ment of the conspiracy in London. Moreover, the piece was handed to Twynne by the Calverts, and it seems far more reasonable to regard Twynne as a poor devil like Creake, who would print anything. 'John Twynne', says the latest writer on the subject^, * met the just penalty of a crime with which the liberty of the Press was certainly unconnected. He had full know- ledge of the Plot for a rising and for the extermination of the royal party in 1663, refused to save his life by dis- closing his author's name, and part of the document he printed is yet in existence to condemn him as a peculiarly hypocritical and dangerous animal. It of course has not the faintest resemblance to Milton's Tenure of Kings and Magistrates. It was entitled, A Treatise of the Execution of Justice ^, and advocates the assassination of Charles IT.'. All of which is true except the implied assurance that Twynne knew his author. All was managed by the Calverts, who paid him forty shillings for two sheets for 1000 copies*. He probably read the proof and told L'Estrange it was 'hot mettlesome stuff', but that scarcely goes the length of the severe quotation above. It only remains to note the hard fate of the ' Confederates '. L'Estrange, following Hyde ^ marked it as an extreme favour that all were not, like Twynne, indicted for treason, but their sentences after eighteen weeks in gaol, must have had an equivalent sound, for besides pillory and ruinous fines, they were to remain in prison during the King's pleasure. Calvert was either dead or too ill to be produced at the trial ; Brewster and Dover were very feeble. It was not long till 1 ' The conspirators could not be ready till the 12th Oct., for the seditious books that were to lead in that design and the libels and declarations could not be . , ,88(76). * In the parallel case of Harry Care (1680), tried for writing the Popish Covrant (vol. ii., No. 4) Stevens, the printer admitted a general notion that Care wrote it, but * He did not deal immediately with me ', and ' It was the publisher (Curtis) that chiefly directed me'. ,%t' the C ~.' '- I 1 'ft''- Ti.uh, and he ica ' - i I 'f r.r:li, til.; ' !>.lL aiiJ ai'i".'. " > '.<.:, s c loiiair Ai^' ui'.ieb;. ; t ■"• ght ■'Ciilft .11 Kniah'.>aii- .,.^J, andjlitciufc t nis - I ti.i.^i. J. 1 V. ,,i'i uiii ' i'th, to; c ui' J . Djt ■ ' A'r -ci d. Str.mj^imc ' , acd .ufabU . 1. ( itic J- j 01 n s K'nJie4 would h^ivc h,i i ! ira iu ."^'iel, - ; hy rt-afon of the Prophccv (.fti^c L,c Sli.proKnt. ■ ^ j v. hicli fi.d he fliould tuin Pagan. Pur the Kniihc , I of the 'P:i'f!t would not \ield thcrtto, (incc it '>as decreed otberwayesKy the B.o^cf P.!t,trffs appear U to dtfair] I t-thi, rf;.a /)ow /■/,(y cf^w^',: M^Jt tu ' 'i''ifc,.:ito ihclnUni Riigieio.-Ws UvtJ thereupon. tN prcccfi of rime, the Irfjut R.-trJcro grew ; ace, and oi t day the fair .X.^Val^ctha his .Nljaicrfittini; upon a Stone, in theSun-fh,,-f,bt- lore ilic Gate of her Calile, cleaning the Pufte- riois of her Son, who had bewrayed hiinR-lf •, there apptated ktore her 3 old Inchai.frtiies anJ the firft approach.n.; i,.r /pale aftei this m irn. r. //«/? "Oj. o>,!:.i .■ L.^.j, pi. ;;,)_^ /« tke ' '-i.'i ,:.i rfj, .' .,' / J or t.K •liciuon, tl.c ' • i "■ X, the THKilperi" • ' ■ , S:n the IiifoHt , ', ivr I'u-i e bj tht ^..u:. . ,,- the n,:chty. Belze- »/i ftfnt A L'ESTRANGE PASQUIL. [Face ^. 1^0. PRESS LEGISLATION AND THE NEWSBOOK 141 Henceforth we find frequent references to H. Muddiman Gent, as the official editor of the Council papers, and one service he did — the publishing of The Army's Bemonstrance — a document of the last importance which later on gained him great favour from the Restoration Government. With one or two desultory exceptions Muddiman with his patrons. Monk, Birkenhead, and Nicholas, remained for the first three years of the Restoration sole producer of the official news, both in England and Scotland, and he might have remained so but for the clamours of L'Estrange. We have already referred to the rivalry between L'Estrange and Birkenhead, which, provoked probably before the Restoration, culminated in disgraceful recrimination at the Board of the Committee for the Indigent Officers ^ Roger justly or unjustly suspected Sir John of those evil whispers to which he imputed his being overlooked at the Restoration, when the latter was signally honoured. The author of so many perilous papers on behalf of Restoration may have thought that he had some claim for at least equal treatment with Muddiman, who might be represented as of the class deprecated by Clarendon who came in with the flowing tide, and ousted the older generation of faithful Cavaliers. But Muddiman's journalistic services since the third week of December 1659 had been great, and more effective than Roger's occasional fire-balls. To gain posses- sion of the Newsbook then became the prime object of L'Estrange's agitation, and to this his otherwise barren appointment as Surveyor in February 1662 was an important step, while his demand at that time that written matter should come under his survey was interpreted — probably unjustly — as a menace to the monopoly of written news which Nicholas' grant of free postage and his own excellence in the art had conferred on Muddiman. The parade of Cavalier grievances in the Commons, specially directed against Coventry, and the consequent turn of fortune towards the Cavaliers marked by that year, may have determined the matter. * The Press being very foul', is Roger's own explanation of his appointment of the 15th August 1663, to the Surveyorship and Neiosbook. The first number of the latter shows clearly that in the transfer 1 Chap, iii., 92. See also an extract (p. 240 of the Memento) endorsed 'the cause of the aflfront offered to Mr L'Estrange', described as an insufferable affront to Charles I. S. P. Dom. Car., ii., 26, No. 97. 142 SIR ROGER L'ESTRANGE of the editorship there was some notion of turning it to account as the scourge of dissent and the seditious Press ^ Muddiman had from time to time, probably at the instiga- tion of the secretaries, through Birkenhead, animadverted on the Press, but the new Newsbook is expressly dedicated to this service in a week by week exposure. To this circumstance we may look for its favour with the Government while the Press was foul, and the nervousness of the Restoration not yet overcome, but when that stable was partially cleansed, public murmurs would remind the author of a public craving for mere news. In this sense L'Estrange's first attempt at Journalism was * a failure '. It has been usual in histories of the early journalism to refer to the audacious first number of L'Estrange's News- look. Indeed anything more contemptuous of its public, and more in line with the mediaeval view of the * cursed invention of printing ', it would be difficult to name. But it is sincere and casts a doubt on the general imputa- tion of the author's cupidity. He would hardly have so affronted his public if an access of fortune was his sole object. How vast is the difference between L'Estrange and a repre- sentative of the later journalism, Defoe 1 How modern the latter and, to his readers, how obsequious^, how pragmatic the former ! Yet it was unfair to taunt him with having only six items of jejune news in his first number. The delay on the part of his newly planted correspondence was sufficient excuse for that ^ and the occasion for the following foreword and homily addressed to the English public. L Estranges Declaration on taking up the Newsbook, ^\st August 1663. ' I do declare myself (as I hope I may in a matter left so absolutely indifferent whether any or more) that supposing 1 It seems to have been stipulated that Muddiman was still to help with the book at a salary of £3 per week. Greed or dislike prevented the Surveyor from making much use of the great journalist's services, and it was not long before the £3 was stopped and ' H. M. Gent ' ceased to have anything to do with printed news. He had his revenge later. 2 See, for example, the Introduction to his 7th volume of the Review. ' For all his meannesses and mistakes ... he humbly asks his readers' pardon '. •^ The expense of which was great, especially as he did not yet enjoy Muddiman's privilege of free postage. See a letter to Williamson, 16th September 1663. C.S.P.D. (1663-4), p. 274. ' Will be at great loss without his help at this point'. The Editor of the Calendar of State Papers (1665-6) is mistaken in supposing this to be an appeal for help in the shape of news. PRESS LEGISLATION AND THE NEWSBOOK 143 the Press in order, the people in their right wits and news or no news to be the question, a Public mercury should never have my vote, because I think it makes the multitude too familiar with the actions and counsels of their superiors, too pragmatical and censorious, and gives them not only an itch but a kind of colourable right and license to be meddling with the Government all which (supposing as before supposed) does not yet hinder but that in this juncture, a paper of that quality may be both safe and expedient ; truly if I should say necessary perhaps the case would bear it, for certainly there is not anything which at this instant more imports his Majesty's service and the public, than to redeem the public from their former mistakes and deliver and protect them from the like for the time to come. To both which purposes the prudent manager of a gazette may contribute in a very high degree ; for besides that it is everybody's money and (in truth) a good part of most men's study and business, 'tis none of the worst ways of address to the genius and business of the common people whose affections are much more capable of being tuned and wrought upon by convenient hints and touches in the shape and air of a pamphlet than by the strongest reasons and best notions imaginable under any other and more sober form whatsoever. To which advantage of being popular and grateful must be added (as none of the least) that it is likewise seasonable and worth the while were there no other use of it than only to detect and disappoint the malice of those scandalous and false reports which are daily continued and bruited against the Government. * So that upon the main I perceive the thing requisite and (from aught I can yet see) once a week may do the business (for I intend to utter my news by weight and not by measure). Yet if I still find when my hand is in, and after the planting and securing of my correspondence, that the matter will fairly furnish more without either uncertainty, repetition or impertinence I shall keep myself free to double at pleasure. One book a week may be expected however ; to be published every Thursday and finished upon the Tuesday night, leaving Wednesday entire for the printing it off. *The way (as to the vent^) that has been found most beneficial to the Master of the book has been to cry and 1 I.e.. sale. 144 SIR ROGER L'ESTRANGE expose it about the streets by Mercuries and hawkers ; but whether that may be so admirable in some other respects, may be a question ; for under countenance of that employ- ment, is carried on the present trade of treason and seditious libels (nor effectually has anything considerable been dis- persed against either Church or State without the aid and privity of this sort of people), whereupon without enough assurance against this inconvenience I shall adventure to steer another course, which I only mention that in case of being put upon it, I may not hereafter be charged with singularity and caprice for a proceeding wherein I am totally governed by an honest and conscientious reason, and that too in direct opposition to my particular profit. ' Touching the prosecution of the work, I have already given my sense against Repetitions, which I dislike both in respect to the reader and to myself; for neither am I so good a husband as to vamp my intelligence, nor so foul a dealer as to make any man pay twice over for the same commodity ; for the matter I shall endeavour to provide such as may neither tire the reader nor shame the reporter; and some care shall be taken too in point of order and coherence ; for the whole as well as for parts ; for the story as well as for the pamphlet. Nor shall I give myself much pain about the style, but let it e'en prove as it hits and lye as it falls (saving only a constant reverence to authority and truth). Finally after this, if it shall happen at last that I go less then my pretensions, it shall content me that I meant well (at worst), but I have great examples for my comfort and great failures for my excuse. A word now to the second branch of my care and duty, that is the Survey and Inspection of the Press. *I find it (in general) with the public as with their neighbours there are too many of the trade to live one by another, but more particularly I find them clogged with three sorts of people — Foreigners, persons not free of the trade, and separatists, which I offer to the end that when it shall be thought fit to retrench the number, the reforma- tion may begin there. In the meantime to prevent mischief (as far as in me lies) and for their encouragement that shall discover it, take these. ' (1) To any one who discovers a private Press, hole or corner, " let him repair with such notice and make proof thereof to the Surveyor of the Press (at his PRESS LEGISLATION AND THE NEWSBOOK 145 ofi&ce over Brome's shop, the sign of the Gun in Ivy Lane) and he will get 40s. with what assurance of secrecy himself shall desire." ' (2) £5 is offered for discovery of such a libel in printing. '(3) 10s. is offered for discovery of an unlicensed book printing. * (4) 5s. is offered for discovery of a seditious book being sold by the hawkers. ' But alas discovery signifies little without punishment ; wherefore it is of great concern to provide that men may not thrive upon their transgressions, and get ten times as much by a fault as the pay for a composition, which has been but too much a practice of late among the inferior vi(pers ?) of the Press '. Then follow the six scraps of intelligence which excite the ridicule of the latest historian of seventeenth-century Journalism ^. Besides the journalistic reforms and promises proposed here — which he did not very long observe — the main thing grasped by a seventeenth-century reader would be that the familiar Newsbooh was to be turned into a pamphlet of a semi-political nature, the police-budget of the seditious Press, and its express object to dragoon the multitude into paths of loyalty and submission, precisely the idea which later on inspired the Ohservator and Heraclihts Bidens 2, and the common note of Tory journalism in that age. As it has been cynically said that only a man who has at some time disgraced himself can make himself thoroughly agreeable, so the best journalists were men of the renegade type — the Nedhams, Thompsons, and Cares, or those who, like Muddiman, progressed slowly towards one side or the other. Possessed by the humour of change and allowance, their mercenary pens had always an eye to the interest of mere news and gossip. But the L'Estrange type was vicious in its loyalty, and a red rag to the populace. 1 Williams, History of English Journalism., p. 188. See also art. in Eng. Hist. Rev. (1908), p. 263. ' Their scanty news was carefnlly spread out and printed in large type — by these means he made them bring in treble the amount they had done in Muddiman's time'. Yet 'the single Gazette far exceeds in profits L'Estrange's double sheets' (Jas. Hickes to Williamson, 8th August 1666, CS.P.JJ. (1666-7), p. 21). 2 See the first number of Heraditus, 13th_February 1681. 146 SIR ROGER L'ESTRANGE This first number must have made men prick up their ears for the coming contest with the seditious party, and so it was said long after that L'Estrange could not dip his pen in ink without embroiling the nation. So comfort- able and typical Mr Pepys was disappointed in the first number ^. Indeed it was not long before Muddiman began to perceive by the increased sale of the Newsletters — for which, it seems, the Newshooh was designed as a supplement, rather than independent species — that his department of news- mongering was a considerable and growing one, and he might yet hope to compete with L'Estrange's unpopular book ^. As to the rest, the alarm created in a news-loving people by the threat of dropping one of the weekly issues 3, was no doubt equalled by the disgust felt for one who professed a fair deal, and in the same breath cut down the book from sixteen to eight pages, who could not ' vamp * his intelligence and promised an increase of interest in the matter, and yet ' vamped ' out his whole first paper, and, as it soon appeared, provided the most jejune news from all parts of the world save England, or if he did touch home news, avoided those tales of superstition and witchcraft which are an incredible feature of the vulgar mind of the age, and substituted mere diatribe against the other side of politics, or proclamations, or an occasional trial. The phrase 'the other side' is perhaps a misnomer. There was only one side — a loyal support of the Government. All else, to minds like L'Estrange's, belonged to the dubious world of sedition. A toleration for a reasonable political criticism had not yet been evolved, nor did the machinery of Government provide for a change. So that a journal which savagely attacked all anti- Government cabals — and did little more — was bound to attract much odium, even though its news had not been ' vamped '. Parliamentary news, of which there had been a great deal prior to the Commons Resolution of 15th June 1660, was barred out 1 It ' makes but a simple beginning '. Diary ^ under date 4th September 1663. Koger applied to Pepys for Naval news, 'which*, says the latter, under date 17th December 1664, ' I shall as I see cause, give him '. Pepys adds : ' He is a man of fine conversation, I think, but I am sure most courtly, and full of complimenting '. See also under date ISth Augvist 1665. It is abundantly obvious that the Diarist did not like the strenuous journalist. 2 « It became so large that it attained the dimensions of an Institution '. Williams, art. E.II.R. So Hid. of Eng. Jouriudism, pp. 186-8. 3 Newshookj No. 65, 5th August 1664. In this he was wisely overruled by his friends. PRESS LEGISLATION AND THE NEWSBOOK 147 and left to the enterprising newsletter-writer, hence those efforts of the Surveyor to bring it within his scoped If we glance at the matters of public interest during L'Estrange's tenure of the JSfewshook, we see copy in the ecclesiastical situation, the Yorkshire Conspiracy with the trials of the Northern Traitors, and their printing 'Con- federates ' in London. The notices of the Indigent Officers Board, the deaths of the chief 'Confederates' in prison, and funeral processions of dispossessed ministers, the movements of the sectaries all over the country after the Five-mile Act, and the operation of the Conventicle Act, all these may reasonably have interested the public. Then towards the close of 1664 all interest merges in the preparations for the really popular war with the Dutch, which should at least have provided the journalist with a budget of news. A sign of L'Estrange's waking up in this direction is his application to Pepys for shipping news in 1664, which, records Mr Pepys, * I shall, as I see cause, give him '. Yet indeed the inadequacy of his war news was the ostensible cause of his being superseded. Whilst it was a matter of relating the indecencies of the sects at Norwich, Newbury, or Dover, the treasons of itinerant ministers in their compulsory ' rustic wanderings ' due to the Five-Mile Act, the Newsbooh is a good annalist, and describes in caustic and vengeful style the effects of the Bishops' policy. But when all eyes are turned to a matter of national impor- tance, the Dutch War, the book sadly proves the parochial mind of its editor. If there was one duty of a gazeteer in those days, it was to blazon forth the heroic virtues and victories of Princes, even at the expense of a little truth. L'Estrange neglected this duty and omitted altogether that encounter with Opdam in which the Duke of York is said to have signalised his courage, while he, perhaps unwisely, * did justice to Lord Sandwich ' when the public credited the 1 Mr Williams {Eng. Journalism, pp. 86-8) says that the Newsbook was still aucillary to the Letter of News. But this view is surely an exaggeration due to the fact that the Newsletter was undoubtedly the older form. In 1663 the circulation of the Booh must have been vastly more than that of the Newsletter, but the latter, owing to the Restoration restraint, gained tremendously down to the Revolutit)n. See Observator, i., 259. ' Trimmer : For your common Newsletters, they are scarce sooner read than forgotten. * Ohservator : Do not you know then that there are hundreds and hundreds of sets of 'em (the baser sort) fairly bound up, posted and preserved in a condition to be delivered over to Posterity, and that in time to come these Collections will be lookt upon with the same reverence as we ourselTos pay at this day to the most authentique Manuscripts of former times '. 148 SIR ROGER L'ESTRANGE Duke with all the merit of the action, though the latter was magnanimous enough to divide his laurels with the Earl ^. It is true that L'Estrange, on the 8th and 10th June, hurried into print Two Narratives of the Signal Victory of the Duke of York over the Butch^, But the Newsbook itself should have been vocal on such an occasion. The Plague might have given L'Estrange an opportunity for retrieving some part of his credit, and indeed he showed considerable activity and courage, staying in London during the whole period when the Court and Williamson removed to Oxford, the latter leaving Muddiman to look after his papers. Without a single break the Newshook continued through that disastrous epidemic, and was turned into a kind of bureau of information, and a means of publishing the orders and hygienic advice of the City Fathers to the stricken city. There was a reason for this activity. From a hint in the Neivs of 15th July we gather that this visitation of Nature was being used by the ill-disposed and seditious ' to lay the stress on the wrong place, and to cut off all communication and correspondence with the City ', for the prevention of which L'Estrange is ordered to give regular accounts of the ravages of the disease ; hence some rather useful Bills of Mortality which should be quoted in any account of the Plague. What form those sinister attempts referred to took, it is difficult to say, beyond that we know that many of the clergy fled and left the city pulpits to the Conventiclers who boldly continued to minister to the people, and incident- ally to ascribe in their veiled language the terrible visitation to the hand of God, or the blood of the regicides^. As 1 The danger of praising any one but the Duke is noted by Clarendon {Gontinua- tion, iii., 580). S. P. Bom. Car., ii., 124 (25).— 'All were dissatisfied with his relation of it. There was no account of the Duke of York's singular encounter with Opdam. Prince Kupert was not even mentioned '. There is a letter of Lady Fanshawe's to her husband (Reports Commissioners, 39 (227), 18th January (28), 1666) ' Nor must I likewise forget that your friend Mr La Strange hath among his news put in a letter from Madrid highly in thy commendations and his own sense thereupon higher, for which I do not doubt but he will have a good reprimand '. On 15th April 1664, his printer referred to the Duke as 'His Holiness', a particularly unfortunate error. 2 Of the same size, type, and paper as the Ne.K'sbook. 3 Baxter, Life, iii., 2. ' Wlien the Plague grew hot, most of the conformable ministers fled '. The silenced ' ministers more openly and laboriously preach the gospel '. ^ee in this connection Zachary Crof ton's Defence from the Fear of Death written in prison 1662, and published in the year of the Plague. He speaks of meeting hordes of London ministers in his ' rustic wanderings ' (he could not come near London of course) who had deserted their places, and praises the brave Non- comfoi^raist ministers who stayed. See also the catalogue of a Collection of Broad- sides, by R. Lemon (1866), Charles II., p. 131, No. 566— 'A Pulpit to Let'. Dr Stoughton {Kist. of Religioti in England, 1901, iii., 355) has described the state of the City churches during these months. PRESS LEGISLATION AND THE NEWSBOOK 149 London had recently been the scene of numerous ejectments and conventicle-raids, in which the rabble heartily joined, it is easy to perceive where these preachments tended, and how even the suspicions that a renewed attempt on the city was contemplated when all its guardians were withdrawn might be entertained ^ Already, despite the doubling of the paper without raising the price on the outbreak of the war (27th April) — which was simply bringing it back to the old sixteen page size — public dissatisfaction with the News had grown so great that the Government had made certain overtures to Marchmont Nedham, who by this time— he had, it will be remembered, returned at the Eestoration to his old healing art — had made public his easy repentance. That other journalist, Muddiman, was still attending to "Williamson's affairs in London, when the Nedham overtures having failed, a more determined effort was to be made to oust the Surveyor. To this end Muddiman's excellent and wide correspondence was an object of desire on the part of Williamson, and whilst we need not enter into the sordid intrigue which has been already so well described 2, in which James Hickes of the Post Office was employed to steal the correspondence, it is sufficient to say that the scheme was successful, and that the outraged Muddiman, as a solace, was employed for a while to edit the paper produced at Oxford to beguile the tedium of the exiled Court. This was the famous Oxford Gazet, that under the name of the London Gazet is the most ancient of our modern journals, and still retains more of the jejune character of the original than the Eoman type of the title. The author alluded to says that *its size and shape — that of the sheets of written news — shows it was actually intended to be ancillary to the Letters of Intelligence, and it represents the lowest state of degrada- tion of the party press. It was an open recognition of the fact that it was no longer possible to print news freely. The "general applause" with which it was received, speaks 1 Ballard MSS., vol. xxxii., No. 52. Wm. Bishop to Dr Charlett, 1717-18. * After the Restoration, when we had a war with the Dutch, it was discovered that most of the Dissenters held a correspondence with the Dutch in order for erecting here a Commonwealth which was one if not the chief reason for making the Corpora- tion Act, as was fully made appear then, especially, if I mistake not, by Sir Roger L'Estrange '. Dr Stoughton notes {op. cit , iii., 349) that Aphra Behn was employed at Antwerp to spy on these correspondents, O.S.P.D., 1666-7, xxvii. 2 Article, April 1908, in Eng. Hist. Rev., by Mr J. B. Williams. 150 SIR ROGER L'ESTRANGE eloquently of the condemnation of L'Estrange by the public ' 1. Yet there seems little to warrant the burst of applause beyond the fact that a rigorous and tyrannical monopoly in unpopular hands was invaded by high official persons. The Gazet was to be almost the sole journal till the Popish Plot, and those students who look to the newspapers of the period for historical matter and colour, will look in vain for such material in these dozen years of the Gazet monopoly. But with the terror of that crisis, and the appearance of bold Whig journals, the Gazet for a while became a valuable repository of proclamations, trials, and discoveries. There- after with the suppression of the Whig journals it relapses into the official, but useful, dry - as - dust of its original conception. Apart from the failure of L'Estrange to do justice to the Dutch War, and apart from the malice and greed of his enemies, the character of the Gazet gives us a clue to the reasons for his supersession. The question of advertisements was a keen one. In the old Mercurius Politicus Nedham eked out his forty shillings per pamphlet allowance from Scot, by a fair number of half-crown advertisements and Muddiman had not scorned the same source. We perceive that L'Estrange more and more admits this lucrative element, even before he restores the book to its original dimensions. It was complained that he used it solely for his profit. Williamson took the purist view that an official journal was not a place for advertisements. The Oxford Gazet studiously rejected them, and from later notices which appeared concurrently in the Gazet and the spasmodic Current Intelligence'^, we note how strong the distaste was. 1 Eng. Hist. Rev., p. 267. S. P. Dom. Car., ii., 137 (24) and 137 (99), 25th November, Sir G, Downing to Williamson. — 'The Gazette gains great repxitation, and being in so small a volume, can be sent anywhere'. &ee Introduction to vol. 1665-6 of the Ccdendar of State Papers, pp. 4-6. 2 Gazet, 14th June, 1666, an advertisement: — 'Being daily presst to Republica- tion of books, medicines and other things, not properly the business of a paper of Intelligence. This is to notify once for all that we will not charge the Oazet with advertisements unless they he matters of State ; but that a paper of advertise- ments, will be forthwith printed apart, and recommended to the public by another hand'. The advertisement is almost identical in Current Intelligence 18th June, which proves that it also emanated from the Secretary's office, where the Newshook, much to Williamson's chagrin, rested. The paper of advertisements referred to made its appearance in the spring of 1668. It is the Mercury, or Advertisements Concerning Trade. On 4th November 1675 Tl^e City Mercury appeared licensed PRESS LEGISLATION AND THE NEWSBOOK 151 The feeling that L'Estrange had vulgarised the book, been too personal and harped too long and too exclusively on the seditious libels topic, and been too averse from the dull and proper reserve of a state organ, was also there. It is not to be supposed that the author of the Caveat suffered this relapse gladly. The State Papers preserve several indignant and despairing protests to Arlington. He refused to have anything to do with the perfidious Williamson. On 15th October 1665, the latter wrote to L'Estrange a letter which points to the feuds and envies of the journalists. * Oxford. *I am sorry the distance in which we are from you deprives me of the occasion of helping you in your com- posing of the public news, as would be better for His Majesty's service and your own reputation. I have often advised you to agree with Mr Muddiman in this matter, who having had the good luck and opportunity of falling into the channel of those things, would have been very useful to you, and in despair of seeing this effected in the future, I take the freedom to propose to you that if you will relinquish to us the whole right in the composing and profit of the Newsbook, I will procure for you in recom- pense of it a salary from his Majesty of £100 per annum. * If I tax it too low you must blame yourself for having told me several times that the duty of it is very burdensome to you and the profit inconsiderable. I pray you let me have your answer to this by the post and to assure yourself in the (certainty that his betrayer has his best good at heart and that " even this proposal proceeds from that root ") ' ^ Eoger had probably himself to blame for his prevarica- tion over the profits of the book, which he was now anxious to magnify. Years after he again declared that he made very little out of it, but in saying this he meant to set down to the debit account his whole expenses as surveyor. In his and possibly edited by L'Estrange, who may also have been the 'other hand ' of the above advertisement. The delay in the appearance of the promised Papers of Advertisement was due to Roger L'Estrange, who stopped them by virtue of his patent and (25th June 1666) issued Puhlicic A dvertisements—im. immediate failure. 1 S. P. Dom. Car,, ii., 134 (103), quoted O.S.P.D. (1665-6), p. 15. 152 SIR ROGER L'ESTRANGE reply two days later to Arlington, not to the insufferable Williamson, he unblushingly screwed up the profits as high as he had formerly depreciated them. L Estrange to Arlington. 'London, Vlth Oct., 1665. ' My Lord, — I have passed many a thought upon your Lordship's of the 15th inst., which I had the honour to receive yesterday, wherein upon the whole matter, I find only first an abundant instance of your exceeding generosity and goodness, which I shall ever acknowledge with an eternal submission and respect. ' Your Lordship is pleased to charge me with some mis- carriages^ in the Public Intelligencer since I was out of distance of your express discretion, wherein I dare not justify myself, although upon a strict reflection, I cannot pitch upon the particulars, but I hope the service I have done his Majesty otherwise during the time of Liberty and Contagion, the hazards I have undergone on that account, may weigh down those failings. As to Mr Muddiman, 1 did once make use of him, and found him very short of intelligence, but it was during Mr Williamson's sickness and that perchance might be the reason of it. Now if Mr Williamson could be pleased to engage him to deal more openly with me, I should take the same agreement over again for an obligation, and immediately set the whole again in motion. ' Touching your Lordship's proposal of relinquishing my right in the Newsbooh upon a consideration expressed, it is certain that both in gratitude and justice your power over me is without limit, but then let me offer withal that it would utterly ruin me, the books being now improved to about £400 a year, for I did ill explain myself if I was understood to complain of the Newsbooh : for my trouble was 1 The Government's anxiety to have the Duke's fame in the victory of the 3rd of June trumpeted in the City ' to avoid miss - reports ', is shown in Arlington's letter to the Lord Mayor, 5th June {C.H.P.I). (1664-5), p. 108), in which he does not mention Sandwich. Bee also Pepys under date 14th June, 1665 : — * I met with Mr Cowley who observed to me how he finds everybody silent in the praise of my Lord Sandwich to set up the Duke and the Prince. . . . This day the Newsbook (upon Mr Moore's showing L'Estrange Capt. Ferrer's letter) did do my Lord Sandwich great right as to the late victory '. PRESS LEGISLATION AND THE NEWSBOOK 153 the excessive charge of entertainiDg spies and instruments for the ... of the paper which cost me about £500 out of my pocket the first year, and if your Lordship had not most charitably promised me £200 from his Majesty for my supply I had found a greater obstination in the work. * I shall give you, my Lord, no further trouble at present than to present your Lordship with the wishes of all imaginable comforts. — Your most obliged and ever obedient servant. ' EOGER L'ESTRANGE ' \ Two more frantic letters to Arlington were despatched by the threatened Surveyor before a final appeal — and a successful one — was made to the King. On 19th October'^ the writer again reminded the Secretary of his thirty years' devotion, and his undoubted service during the Plague which had invaded his family, and had laid low eighty members of the trade with which he dealt. When he spoke lightly of the profits of the Newsbooh, he was reckoning the great initial drain on his purse — of which he had informed Arlington at the time, and for which he received assurance of security — of organising a system of espionage in the Press, planting correspondence and establish- ing himself in a large house with servants, etc. All which must now fall and himself be * marked out for beggary and infamy *. In the last resort (21st October) ^ he again recurs to the prospect of employing Muddiman at the old price, £3 a week. But the resolution was already taken and measures pro- jected for the new Gazet. The naming of this journal was a matter of difficult choice. Newcombe, one of the old Commonwealth printers lately railed against by L'Estrange, was engaged to print the London edition, and all that remained to be done was to get Roger's book prohibited and the free postage he had enjoyed at the good instances of Countess Chesterfield — despite Sir Philip Frowde's hostility during the Plague — revoked, while any other obstacles which Arlington's lately obtained mastership of the Post Office might suggest, were to be used for the purpose. Thus by a combination of enemies within the camp he 1 S. p. Dom. Gar., ii., 134 (11). 2 md., a 135 (g), 3 C.S.P.D. (1665-6), p. 22. 164 SIR ROGER L'ESTRANGE espoused, and irrespective of the great malice he had caused outside \ by means which were highly discreditable to all concerned, L'Estrange saw himself undermined and forsaken, his boasted patent waste paper, and his livelihood slipping from him. The Gazet appeared at Oxford, 16th November 1665, and was quickly re-issued by Newcombe in London. The 'general applause' which greeted it — much of it manufactured no doubt ^ — urged him on to even more frantic and vain efforts of competition. The number (28th November), in which L'Estrange imitated the Gazet in size and style, displays both his despair and the conscious- ness of the triumph of the new journalism. Then at last he made that appeal to the King already alluded to, and obtained a settlement which, had it been carried out faithfully, might be regarded as generous, and which at any rate stole away Williamson's spoils. Roger was guaranteed £200 -"^ from the secret service money, to be paid annually by Arlington. Even if his estimate of an increase of revenue from the Newsbook from £200 in 1663, to £400 or £500 in 1665, were true, a pension of £300 a year was compensation enough. But for the loss of prestige there could be no remedy. The only source of comfort was that the Newsbook ' was taken into the secretary's office ', which may have meant that Williamson failed to get the profits arising from it *, though since we know from James Hickes that the single-sheet Gazet far outdid the old Newsbook in profits ^, the £100 burden on it to L'Estrange would not be a very serious handicap. While it may well be said that the Gazet ' represents the lowest state of degradation of the party press ^ ' (though why * party ' seeing that it checked every manifestation of the party conflict) ' it is probably an exaggeration to say that it became ancillary to the Letters of Intelligence '. Such is the pre- eminence of printed matter over manuscript that we have preserved for us several copies of the Gazet for these years, 1 The quality of his employment was ' to tease and persecute the whole rabble of the faction which I have done to such a degree that I have drawn upon my head all the malice imaginable'. S. P. Bom. Car., ii., 135 (8) 19th October, 1665, Roger L'Estrange to Arlington. '•J Pepys— who had said of L'Estrange's first attempts : ' He makes but a simple beginning '—under date 22nd November 1665. ' This day the Oxford Gazet came out, which is pretty full of news and no folly in it.' 3 He makes it £250 in his begging letter to Jenkins, 1684. Sec chap. xi. 4 Orvionde MSS., N.S., iii., 351-2. ^ Page 145, note. PRESS LEGISLATION AND THE NEWSBOOK 155 but only stray volumes of the written news ^, from which we are still able to judge its superior, more intimate and gossipy character, and to see why by the richer part of the community — or even the less wealthy, by subscription — it might be preferred. But though one newsletter generally served a whole country-side, the expense — about £5 a year — must have restricted the recipients of Muddiman's letters in the country, whilst City readers would scarcely trouble to pay heavily for what they could read comfortably and with social and caustic comment of boon fellows at the tavern and coffee-rooms, the keepers of which sometimes wrote the letters themselves 2. The Gazet gave the news of Paris, Stockholm, The Hague, Edinburgh, Dublin, Vienna, etc., though without any attempt at order. A feature of Current Intdligence was its division of Foreign news under such heads as Germany, Netherlands, etc. We have seen that L'Estrange's book was of some public utility during the Plague in conveying the Magistrate's orders, advertising nostrums, and acting as a sober chronicler of the ravages of the disease. After the Eire the Gazet continued the useful precedent by turning itself into a bureau of information, and it is pleasing to find that L'Estrange worked hand in hand with the new editor in this particular. The immense havoc of the fire, which demolished half the trading rendezvous of the City, caused merchants to seek new places of business. Newcombe of the Gazet, for example, had been burned out, and had removed temporarily to the outskirts of the City, and for a time trade was chaotic. To mitigate the confusion people were invited to go to L'Estrange with their new business addresses, which he was to see inserted in the Gazet, 1 There are preserved at Longleat fourteen volumes of Muddiman's Letters of News, 29th April 1667 to 12th October 1689. L'Estrange's expectation in this matter {see note, p. 147) has been only partially justified. 2 For some information on the later history of the Newsletter^ see chap. xi. . (1676-7), p. 215. Jenks was examined in con- nection with the Rye House affair and seems to have been altogether a rather loud, indiscreet, but sincere person. It is important to note that the Whig leaders, Buckingham especially, were accused of applauding Jenks' action. C.S.P.D. (1676-7), p. 352. 2 S. P. Dom. Car., ii., 381 (252). =5 See letter of L'Estrange, 21st January, 1671 (quoted p. 3, note) in which the new Patentee suggests in anticipation of such a charge of exaction as the above, that * it were well if the price were limited by the reams, so as not to exceed the ordinary rate of the King's Printers '. L'ESTRANGE AND THE STATIONERS 201 interest at Court and his aforesaid illegal Patent so dis- advantageous to the Crown and oppressive to the subject. To these may be added his numerous annual exactions which those among many others are to be considered. (1) From the Company of Stationers by Contract out of the English Stock i . . . . £50 (2) From the Play-Houses besides presents . . 50 (3) Quacks Bills and Books 500 (4) Ballads, for licensing these when the poor poet hath but 18d. for his pains 2 (5) For winking at the numerous spawn of non- conformity books (6) The last (but not the least) his seizing arbit- \ rarily without conviction of fact the goods I Vastly of such as act contrarily to his pre- 1 considerable tended power. ) (7) For licensing all books to be reprinted . . Is. per sheet And for all new books under 10 sheets . . Is. per sheet And for all new books above 10 sheets . . Is. per sheet 'He hath given out in speeches that his concern is equal in value to the Secretary of State's. The vogue of Mr L'Estrange's late conquests, and his pretended merits in the management of his present employment of surveying the Press, appears strange to those that understand his constitution ; the consideration whereof, if impartially viewed, the result will appear to be : — ' First, his illegal assuming power, which by Law is only vested and of right solely appertaining to the King's Majesty, Secretary of State for History and Intelligence, to the Heralds for Heraldry, to the Judges for Law, to the Bishops of Canterbury and London for Divinity and miscellanies, and Mr L'Estrange being none of these, is incapable by Law to manage any of these concerns. As to his management of the Press and the good use and service therein, it amounts to no more but this, that by such pretensions he hath terrified the poor printer and 1 News from Parnassus (an ephemeral single-sheet, No. 1, 27th January 1681). * When he was Arch-oppressor of the Press he had taken as a bribe from a certain Society every New Year's Day for many years 100 guineas '. ^ The 1663 grant gave him the monopoly of ' all narratives not exceeding 2 sheets of paper, mercuries, documents, play-bills, Quacksalvers Bills, Sale Bills, and Advertisements, etc' That of 1671 the sole right of printing all blank forms printed on only one side of the papers. His ' pension ', mentioned above, by agreement with the Customs was paid down to the Revolution. MSS. of Lords {Reports, Commissioners, 27, p. 416)— an item of expenditure of the Excise Office, 1691, for two and a half years past. To the Door-keeper— for Coffee, Newspapers, Gazettes a,\id letters ; to Sir Roger L'Estrange and other incidents— £548, 12s. lO^d. 202 SIR ROGER L'ESTRANGE booksellers who have not been able to satisfy his avaricious desires but for his own private gains suffers the rich to escape censured Tor many years he hath exacted 5s. per ream for everything whatsoever that was printed for His Majesty's immediate service as for collecting His Majesty's Customs, directions for getting the Hearth Money and Excise, and this not by such content, but many thousand reams per annum, but quo jure this hath been done may rationally be considered. * It is granted the late Farmers of Excise paid 17s. 6d. per ream according as His Majesty paid when that part of His Revenue was managed by Commissioners notwithstanding ' ^. The seventh Clause of this indictment — the taking of fees for licensing books — if true was not distinctly illegal^. In the case of Reprints, which required a new license (one of the objections often quoted against the Imprimatur) the busy Stationer preferred to compound with the licenser, and even for ordinary books, the slipping of a guinea into his hands, was notoriously said to satisfy the Surveyor. But from all sources it appeared that L'Estrange was by means of his old and new grants levying tribute on every conceivable form of the Stationary trade. As to the licensing of Hhe numerous spawn of noncon- formity' — including Papist books — that matter was yet 1 For an example of his high-handed conduct see S. P. Bom. Car., ii., 390 (9) 3rd January 1676-7. A bookseller had received from Amsterdam a book of the same class as Hattige called Zigliae Amoves, and the Ecole des Filles. L'Estrange having notice, turned the man out of his shop for several hours. It is difficult to say whether the oflfence was against public morals, Charles II., or the Duke of York, who had the forfeit of foreign unlicensed wares. It is singular that in this reign Hart {Index Exp., p. 195) could only find one book {Quaker and his Maid) prosecuted for pure indecency ; for blasphemy, there are more, as Hindmarsh's Presbyterian Paternoster 1681 {Index, 262). 2 This came under his grant of 1671 as being printed on only one side of the paper — a vexatious monopoly denied to L'Estrange in 1662 (chap, v., 106) enjoyed by Symcock at the beginning of the Civil Wars and complained of by the Stationers in 1628 and again in 1641. See the Printer^ Petition of that year so often referred to. H.M.Q., Appendix to ith Rept., p. 21. In 1678 a similar grant was made to Wm. Paston (Earl of Yarmouth) 'except all matter and things of the nature aforesaid by us granted to Roger L'Estrange Esq. ' {S. P. Dom. Car., ii., War7'ant Booh 1, No. 5), contested by printer Barrel, 1. Jac. 2 in B. R. See Viner, Abridgment, viii., 208. "^ He swore before the Libels Committee, March 1677, that he never exacted a penny for licensing books. It may be remembered that his demands in 1661-2 included Is. per sheet for every book licensed, H.M.C., pt. ii., 9th Rept., p. 79a. In their objections to renewing the Press Act, 1695, the Commons specially noted that the Act did not limit the Licenser's exhorbitancies, Lords' Journals, xv., 545&. L'ESTRANGE AND THE STATIONERS 203 to come before the Libels Committee, and no more need be said here than that a Committee of the Commons held in 1666 had already acquitted him of a charge of reselling his great seizures of Catholic books in the moment of anti- Catholic frenzy succeeding the Fire^. If we accept the 8s. 6d. per ream estimate above, and the 17s. 6d. paid, the difference may perhaps be taken as the value of his later monopoly in one great and public department. The author of these complaints does not mention the printed Catalogue of books (Mercurius Librarius)^ which Professor Arber has reprinted under the name of Term Catalogues. During the years of L'Estrange's ' late conquests ', i.e., 1671-6, we find in these Catalogtoes, which were directly under the Surveyor's management^, some damning evidence either of Printer Clavell's carelessness, or L'Estrange's venality in passing the very type of libel he denounced. Clavell, of course, could always be blamed for such indis- cretions, and at any rate the Surveyor could always plead worry, haste, or indisposition. Be that as it may, it is certain that in July of this year, the Secretary directed him to approach the Stationers once more and insist on the long delayed bye-laws. Parliament would meet in a few months. Already, what with Jenks' Speech and Accounts of the Folkmote held at Gtoildhall the City was in a very excitable condition, while the libels of the previous year, Locke's (?) Letter from a Person of Quality, Croft's and Hickeringill's Naked Truth, and Marvell's Divine in Mode ^ were still turning the people's heads with rebellious thoughts against both Church and State. There were rumours of more dangerous libels new- hatched by the leaders and lawyers of the Country Party. 1 II.M.C, ibid., p. 796. The editor of the Catalogue of the Hope Collection of Early Newsioapers in the Bodleian Library, 1865, remarks in an ignorant note (pp. 6-7) that L'Estrange * held the office of Licenser of the Press and directed the power the situation conferred on him in opposition to the intrigues of the Papists'. 2 Professor Arber has scarcely given L'Estrange the place which was really his in this publication. In the first place from a letter of Arlington's {S. P. Dom. Car., ii., 274 (5)) it appears that the original idea was his, and the quarrel between Starkey and Clavell for the printing of it, merely a printer's quarrel. In practice no doubt, the busy Surveyor left the consideration of many books to Clavell. The appearance of Mercurius Lihrarius and the book of Advertisements (The Mercury) in 1668, marks L'Estrange's eagerness to use his monopoly of advertise- ments to replace the forfeited JVewshool: Clavell became a great bookseller and Dunton gives him a high character {Life and Erros, 207). 3 Warrant to the Surveyor to search for these libels, 29th March 1676. G.S.P.D. (1676-7), p. 51. 204 SIR ROGER L'ESTRANGE A month after the City midsummer uproar referred to, L'Estrange on the 14th July ^ appeared at the Stationers' Court and proposed his two new bye-laws, the substance of which was: — I. Regulative — that no member of the Society ^rm^ or conceal any unlicensed book, and — most important — 'that the said bye-laws be read to every freeman at the taking of his oath and to be printed with the oath and a printed copy hereof to be forthwith delivered to every member of the Company and all discoveries to be entered in a book kept for that purpose whereof Mr L'Estrange is to have a view on demand'. II. Punitive — The Company to use its power of inflicting fines and forfeitures of interest in the Common Stock and work thereon for such offences. It need scarcely be pointed out that these are the substance of his old proposals of 1661-2. It was the personal application of these rules which annoyed the Stationers. They were quite willing to pass general bye -laws of the nature of pious aspirations to be relegated to the mass of unenforced rules. We are not surprised that from this moment the Surveyor's relations with the Company, never cordial, became intolerable. Whilst assuring him politely that his proposals would be the chief business before the next Court 2, the date of that Court was withheld from him, and as the calling of a Court was a matter to be suddenly decided over a bottle of wine by Roper, Mearne, and Roys ton, care was taken that the next meeting should not be graced by the Surveyor's presence. As it happened, the Mearne faction though pre- dominant was not unopposed in the Society. The Master, Abel Roper, was of the Trimming kind, and seems to have advised capitulation. Frequent bickerings were the result, on one occasion Warden Mearne declining to give up the key of the Hall when a hurried meeting was convened by the other side. Towards the end of September, the Surveyor again appeared at the Court to demand what progress they had made with his bye-laws. They had reluctantly passed the 1 aS.P.D. (1676-7), p. 590. 2 Ordered that the intended bye-laws and particularly the Papers now delivered into Court by Mr L'Estrange be the first business debated at the next General Court. Ibid. L'ESTRANGE AND THE STATIONERS 205 Regulative Clause, but such eloquent delays ^ were objected to the second or Punitive, that L'Estrange informed them that the King would be no longer trifled with — ' the meeting of Parliament was at hand and if the bye-laws were not passed before it met, they would be pestered with libels and the blame lie at their door.' ' Upon this ', says Capt. John Seymour's information 2, * a leading member (Mearne), sprang up and accused them of wishing to make the Company L'Estrange's slaves, and spoke disrespectfully of the King, but on L'Estrange threatening to report the words, they were apologised for by other members. ... It now appeared that the objection of the Company was not so much to the passing of the desired bye-laws, but the com- municating it specially to each member, as they hoped to evade it, by entering it into the bulk of their other bye- laws, and then pretending ignorance of it'. It is clear that the Stationers' Court in company with the Mercers, etc., in these months merely reflected the turmoil of the Common Council, with the added excitement of L'Estrange as the King's deputy attempting to bully a free body into compliance^. The Stationers afterwards complained that the delay in passing these bye-laws was due to alterations in them made by the Surveyor, and that the noisy scene when Mearne refused the key for the Court summoned to deal with L'Estrange's proposals, was the effect of a purely personal quarrel with the trimming Master. On the 4th December, the Stationers passed a bye-law, that no unlicensed book be entered in Clavell's Catalogue, which though described as ' at the instigation of L'Estrange ' was surely meant as an attack on that official, since he kept the key of the Catalogue. It was shortly after — the 20th December — that these negotiations having come to nothing, an attack against 1 The usual ones — admitted by the Surveyor — that they had no power over people so long as outsiders traded in books, S. P. Bom. Car., ii., 391, Nos. 96-7. ^ The information here detailed is derived from the proceedings of the two Libels Committees given in the App. to the 2nd pt. of ^th Rept.y H.AI.C, pp. 69a-796, and 66a and &, and the corresponding entries in the Lords' Joxtmals. It is clear from the fact that Seymour's indictment coincides largely with L'Estranges' Eeport («S. P. Bom. Car.^ ii., 391, Nos. 96-7) that the former was merely the Surveyor's mouthpiece. Another source is the important document S. P. Bom. Car., ii., 366 (263), being some notes by Williamson of an examination of the Law Officers and the Messengers, 20th December 1676. 3 Carte, Life of OrmoTide, ii., 522. 'AH mechanical Companies were entirely on the republican side of the dispute '. 206 SIR ROGER L'ESTRANGE the Stationers which emanated from L'Estrange was com- municated to Williamson, though Capt. John Seymour is the nominal accuser^. These charges are the basis of the grand attack shortly to be delivered before the Lords' Committee. A word on the two protagonists in this struggle may be desirable here. Samuel Mearne was that patentee recommended by the King along with Norton and Eoycroft to the Stationers' Assistance in 1668. His career as a monopolist is not without interest. In Commonwealth times, his record was no doubt clean enough, for his appointment as King's book- seller in June 1661 with a pension of £6, was unchallenged at the moment when the old Cavaliers were denouncing similar favour shown to Tytan, Newcombe, etc. From the time of his introduction to the Stationers for conspicuous loyalty, he took the leading part in those seizures of Popish and sectarian books which marked the years of the Surveyor's declining interest. He displaced the Surveyor at a time when the secretaries were very glad to get rid of the impecunious cavalier. He fell foul of the Baptist Printer, Frank Smith in such ruthless manner 2 that, despite the deep rooted antipathy between their views, L'Estrange seems actually to have received Smith as a useful ally against the pretensions of Mearne, and placed him under the protection of his tool Capt. Seymour, ' to whom all fled that were obnoxious to the Stationers'. 1674 with the Fall of Arlington, we marked as the lowest year of the Surveyor's interest. It was the year of Mearne's greatest power. In June of that year he was sworn Stationer-in-ordinary, and in May 1675 we read that 'Whereas he hath by his humble petition faithfully executed the said Office of bookbinding for so many years past and as also that of our bookseller, and having humbly besought us that in regard the said offices depend on the Trade of Stationer and he having brought up his son, Charles, to the Trade, etc. ... he now surrenders his old grants, and receives a new grant for himself and son of the several offices of bookbinder, book- seller and Stationer-in-ordinary for life, in consideration of the good skill and ability of the said same Mearne and 1 Page 207. 2 Chap, iv., 114. F. Smith's Petition to Arlington, and letter to com- plaining of Mearne's treatment, S. P. Dom. Gar,^ ii., 360 (149 and 150), February 1674. L'ESTRANGE AND THE STATIONERS 207 his son to serve in the said employment, as also of the care and pains taken by the said Samuel in inspecting the Press and suppressing scandalous and seditious libels and pamphlets ^. So that at the time when The Naked Truth and the Test Libels were flying about, Mearne was enjoying an esteem beyond anything L'Estrange had yet possessed. It is interesting to note that he also presented the precious Thomason Collection of Tracts to the Crown 2, though after- wards his widow had to receive something in consideration of this great gift. Seymour, the sanctuary of all the distressed printers, was the gentleman-printer who in 1667 set up or used Larkins' secret press in Southwark to print the Painter and Oloster Collier libels and satires. Yet in October 1669 he was given a forty-one years' grant of fourteen classical works hitherto enjoyed by the Stationers. Larkins ^ and his wife had been protected in gaol by L'Estrange, who now used them for discoveries. Seymour also protected Frank Smith from the vengeance of the Stationers. We shall find that Seymour further provoked the latter by infringing their copyright of Gadbury's Almanac*. Since we have written out at large the charges of the other side against the Surveyor, it is only fair to enumerate the heads of Seymour's indictment, six weeks before Parliament met, of the Mearnes and Eoycrofts. 1. The Company seizes 'ill-books' and then disperses them by means of the hawkers, at enhanced prices. 2. The Company compounds underhand with offenders. 3. They give warning to friends of the weekly searches. In the approaching struggle, L'Estrange could reckon on a loyal minority in the Stationers Company, including the Master, one Warden, and the Clerk, on all the Press messengers, on Seymour and his henchmen Larkins and Smith, and on those mean printers employed by prominent Stationers to print the great libels, and now by the menaces of the Surveyor turned King's evidence against their employers. 1 S. p. Dom. Car., ii., Entry Booh 40 A (p. 64). 2 For the history of this Collection see Bodleian, Oougli Maps, 46, f. 168. 3 Seymour's ' chief printer ' Libels Committee, H.M.G. 76a. See his subsequent career, chap, xi., pp. 356-7. * See this case 1678, Modern Reports, i., 256-7. The case went against Seymour, Pemberton declaring that the King had a right to confer such patents as this enjoyed by the Stationers Seymour was, however, consoled by other grant. 15th September 1669, C.S.P,D. (1668-9), p. 493. 208 SIR ROGER L'ESTRANGE In the month which intervened before Parliament met, Williamson seems to have collected, besides the libels, which still repose in the Record Ofl&ce, a good deal of evidence for the Committee of Lords now determined on to investi- gate the mischief \ This short period was marked by an eruption of seditious printing, as the Surveyor had foretold which by its concert and unanimity, puts it beyond doubt that it was the work of the Whig leaders, and the prologue to their contemplated line of action, which was to place several of them in the Tower. It is clear, however, that no bye-laws would have pro- tected the Government against this confederacy. We have already briefly referred to the three great libels printed on the eve of the meeting of Parliament, like a New Whig Gunpowder Plot to blow up the present Parliament. The printers first approached showed a commendable discretion in refusiug to print, the fruit, no doubt, of the rigours and menaces of L'Estrange at the Stationers' Court, but an instrument was found in Nat Thompson who afterwards distinguished himself as the bitterest opponent of sedition and dissent. In his unconverted days Nat was poor and mercenary, though allied to a printer of considerable interest, Thomas RatclifPe^. He had till quite recently employed as a workman the redoubtable Robert Stephens, who lived to be one of the characters of the Press, ' a brave favourer of the Whigs' after the Sheriffs Elections, and the most annoying of all L'Estrange's enemies. He left Thompson at this time — that is, during, or shortly after, the printing of the Prorogation libels — because 'he would not print such books ' ^ and using his considerable* knowledge of the subterranean press, started on a career of discovery which was very grateful to the Secretaries, but so discon- certing to his former employers that 'they threatened to 1 The very secretive letter from Roger L'Estrange to Williamson, 3rd February 1677 (S. P. Dom. Car., ii., 390 (132)) no doubt refers to the preparations for the attack on the Stationers. ' I have set the business you gave me in charge yesterday morning. I am informed that the Stationers are moving against Thompson's servants and for the dissolution of the House. Some of the Printing Houses may be useful to me in my present design. In a few days I promise myself to see the end of this discovery '. The ' Discovery ' is doubtless the three libels referred to above. 2 By the survey of 1669 it appears that Ratcliffe employed 7 men, 2 presses, and 2 apprentices. 3 Oftseri/U^or, 20th April 1684, i., 323: ' A rogue that was accompted the very scandal of the Printing Trade, while he wrought among them '. No doubt he was selected on the principle of ' set a thief to catch a thief '. L'ESTRANGE AND THE STATIONERS 209 kill him'. Honest Robin had however his reward, for he was made Press Messenger-in-ordinary, an office in which he distinguished himself as the sternest guardian of loyalty until the Plot, or rather the attack on the City's rights, turned him into a Patriot and a Whig. In this character he encountered the enmity of L'Estrange, and on the accession of James was dismissed from his noisy office^. At the Revolution he was restored. For the present Stephens denounced Marlow, Battersby, Bridges, and Thompson, the mercenary printers of Marvell's libels, Croft's Naked Truth, etc. With the exception of Bridges, these men had no legal right to set up as Masters, but were conveniently maintained by great men at Stationers' Hall, the brothers Sawbridge^ Wright and Mearne whose questionable work they printed. Thompson had worked for sober Mr Godbid, but was specially marked ' not free of the Company ' in 1672. Battersby, as we saw, had entered into a quarrelsome partnership with Henry Lloyd (who was a master printer in 1672). Marlowe in 1672 was a mere journeyman. But from the Stationers' point of view, the sorrier the rascal, the better hold on his secrecy and the cheaper his work. John Redmayne, once a flourishing printer, but much crippled by the Fire, was also of the adulamites who fled to Seymour from the cruelty of the Stationers, and now, as one of the party of the Surveyor, gave valuable evidence against them. The Prorogued Parliament met in the first week of February. On the 13th the libel Some Considerations upon the Question whether the Parliament is Dissolved by Prorogation for 15 months was read, and immediately it was moved * that a Committee be appointed to inquire who was the author and contriver and Printer of this book and report what they find to the House ' ^. The forty Peers chosen included ten Bishops. The Earl 1 Dunton, Life and Errors, p. 253. 2 Geo. Sawbridge was Master in 1675. Dunton {Life and Errors, p. 211) says ' he was the greatest bookseller that has been in England for many years '. He left over £40,000. See notes by Williamson about Printing — The Booksellers and J. Seymour, 20th December 1676, S. P. Dam. Cm\, ii., 366 (263), containing the charges of Messengers Gammon, Blundell, and Rookes, and of the Law Officers. It is a perfect indictment of the guilt of this ' Ring of men-Knaves ', their com- pounding with offenders, seizing, yet sellii^ forbidden (Popish and Republican) wares, etc. ^ Lords' Journals, xiii,, 54 ; Foxcroft, Life of Halifax, i., 119. 210 SIR ROGER L'ESTRANGE of Aylesbury was chairman, and the Committee included Albemarle and Monmouth. Any five formed a quorum, and their labours were to begin ' Monday next, at 9 o'clock in the forenoon at Princes Lodgings, and to adjourn as they pleased'. The Committee was to enquire into *any other printed books that are of that nature'. On 1st March Aylesbury presented his first report, which resulted in nothing more dramatic than the calling of Dr Cary to the bar of the House for handing The Grand Question, etc., to the Press. On Cary's refusal to name his authors or employers, he was sentenced for contempt'^, to be fined £1,000 and to be committed to the Tower 2. Although another libel — besides that which was the specific cause of the Committee's labours — had been pre- sented in the form of The Long Parliament Dissolved, and although the Committee had the printers — not the authors — in hold, the Cary libel was felt to overshadow all others because of the suspicions of its high origin. Thompson, its printer, was too mean an object to occupy their Lordships' time, but if the libel could be brought home to Denzil, Lord Hollis, or the conclave of Whig lawyers, it would furnish the Court with a weapon in the approaching struggle which might have anticipated the ruin of the Whig leaders before Oates appeared on the scene. But Cary kept his council despite embarrassing pressure from Charles himself, the Duke of York, Coventry, and Secretary Williamson. Whether Hollis or Shaftesbury had any close connection with this libel or not, the legal ability and knowledge it displayed raise it beyond doubt into the rank of constitu- tional documents of first-class interest. One efiect of Aylesbury's report was the order of the Lords — it is singular how much their House predominated in this session — two days later communicated to the Lord Chief- Justice of Common Pleas and Lord Chamberlain, Baron of the Court of Exchequer, to prepare a new Press Act, and the Stationers to lend their aid ^. Mearne claimed some- thing from their readiness to give satisfaction in this direction. On the 5th March, the Committee again reported on the 1 Marvell's Growth of Popefi'y (Thomson's ed. MarvelVs Works, i., 545). 'But now therefore Dr Gary, a commoner, was brought to the barre before them . . . and they therefore fined them £1,000 under that 7ieiv notion of contempt, when no other crime would do it '. 2 Lords' Journals, xiii., 54-5. ^ H.M.C.y 9th Rept.,pt. ii., p. 79, note. LORDS* LIBELS COMMITTEE 211 three Prorogation libels, discovering the author of a fourth — a piece of insolent dissent by a Eev. Sam. Smith who now appeared, and did penance^. Thompson printed this too. The 7th and 8th March were consumed by the Lords in reading the libels, and much impressed by their treasonous sentiments, they ordered them into the safe keeping of the Clerk 'not to be communicated to anybody without leave of this House, and a copy be made to be burnt '^. This finished the business so far as the Lords were concerned, for Aylesbury's reports said nothing of the affair that was monopolising the Committee's time, viz.: a pitched battle between the friends of the Surveyor and the friends of Warden Mearne. A better theatre for this long-threatened contest could scarcely have been chosen. On the 10th March — two days after the Lords had disposed so far as they could with the burning of the libels and the punishment of the mean printers — Mearne opened the attack for the Stationers by declaring that Capt. Seymour had set up two or three presses in Putney, contrary to the Statute, referring back to the old offences of 'his chief printer' George Larkins^. On the 13th *, Seymour replied that he printed nothing but Almanacs (the Company claimed the sole right in this patent, hence much of the present enmity), and these licensed by the Archbishop of Canterbury. This for his defence, which became the matter of a great lawsuit in the follow- ing year^ His tu quoque attack accused Mearne and his friends of selling the works of two dissenting divines, Dyer and Osborne, which in 1673 had a great vogue. As his witnesses, he desired to call the Master, the other Warden, and the Stationers' Clerk (by name Koper, Clarke, and Lilly respectively) and the influential Newcombe, who, as printer of the Gazet was at Williamson's command, and therefore against the * factious majority ' of the Stationers ^ 1 Lords' Journals, xiii., 64, 65. 2 When the search for the author of the Groivth of Popery was proceeding briskly we find it ordered by the Lords, 25th February 1677-8, ' that Mr L'Estrange have liberty to see the MSS. of the libels condemned by this House in March last ', H.M.G., pt. ii., 9th Kept., p. 71. ^ IJrid., p. 756. The OohUer ofGloster and the Painter series. 4 Ihid., p. 75. 5 See note p. 221. 6 Besides he had just emerged from a suit with the Company argued before the Council (12th May 1676) 'about the printing injunction of King James 1604 ' C.S. P.D. (1676-7), p. 110. Like Seymour he was worsted in this contest, but like him also had his reward for his present services, being made King's Printer shortly 212 SIR ROGER L'ESTRANGE Both parties appeared in full force on 20th March. On one side Seymour with his witnesses, L'Estrange in the background ; on the other, Mearne, Sawbridge, Wright, Taylor^, etc. The mean printers were held in readiness to convict either party, but chiefly suborned against their old employers, the Stationers. After some preliminary recrimination, Seymour presented his printed case against the Stationers 2, and annexed to it a list prepared by the Surveyor of Libels ' printed for some eminent men in the Company and dispersed '. The feature of this list of eight libels was that L'Estrange had carefully written in the margin the names of witnesses ready to swear to the real publishers of each. The enormities and con- tumacy charged against the Stationers in this printed copy are merely the old corruption and bribery noted so often by the Surveyor. The 24th and 27th were the grand field days of the contest. On the first day the Stationers proffered their printed paper of counter-charges, while L'Estrange's witnesses gave their evidence. On the 27th, L'Estrange brought up every unit of his little army to crush Mearne's legions, who must then have appeared overwhelmed by the volume of his corrupt actions proved so circumstantially. But a rebuke administered to Seymour on the 30th, a rally on the 6th April, and an incursion into the enemy's territory over the matter of the Surveyor's corrupt use of his license, and the old affair of Popish books seized and re-sold by him after the Fire, gave a turn to the contest. This last day (6th April) was the Stationers' property, and with the Surveyor's plea for a pardon for his poor informers, the contest closed with divided honours and far from the victory the Surveyor's party had promised itself ^. While contumacy and corruption were abundantly proved against the Stationers, as also their tyranny over the meaner printers and their inveterate hatred of any other authority than their own, it was equally proved that L'Estrange had after 11th May 1677 (-S^. P. Bom. Car., ii. , Entry Book 40a, p. 199). He became the intimate of L'Estrange and indeed introduced him to Young Tonge in 1680. The Stationers' warfare resolved itself into a pull between the bulls and the bears, L'Estrange, Seymour, and Newcombe versxis the great men at Stationers' Hall. 1 Kandall Taylor ' came into the Milton inheritance ', says Eoberts {Earlier History of English Bookselling (1889), p. 94). - li.M.G., pt. ii., 9th Kept., pp. 76a-6 annexed (77a) L'Estrange's list of libels with notes. 3 Ibid., pp. 77a-79a. LORDS' LIBELS COMMITTEE 213 allied himself to some extent, and for defensive purposes, with the very elements that he had set out so noisily to subdue, and that acting on Williamson's commission of July 1676, he had by an overbearing conduct, attempted to over- ride the Stationers. We should therefore call the engage- ment a drawn battle, especially as the scene of contest was merely shifted from Princes Lodgings to that select legal Committee to which the Lords had on 3rd March committed the framing of a new Bill. The Law Lords heard counsel for the Stationers in connection with the proposed clauses on 10 th April, from which we gather that the latter were eager to continue the old Act in spite of all its loopholes and grave omissions ^. L'Estrange, however, from his side, contested the pro- visions of the old Act, as it had been fully demonstrated that it provided no penalties for the offences of prominent Stationers. The Stationers had again and again evaded L'Estrange's interference by saying that they had little power over their members. Now when the business might have been righted by a new and Punitive Act, they calmly advocated the old Act. The Printers were also here with their suggestions which in effect would have achieved what they covertly desired and what the Surveyor had condemned — an independence of the book-selling fraternity 2. These proposals never matured. The Lower House was in no mood to listen to such restrictive proposals, and the Government was forced back on a policy of imposing on the recalcitrant Society a body of regulations perused and approved by the Judges, and probably drawn up by L'Estrange. It would be wrong to conclude that the few punishments dealt out by the Lords achieved the absolute Peace of the Press ^ The real delinquents, the mercenary printers, had 1 Lords' Journals, xiii., 13 ; H.M.G., pt. ii., 9th Kept., p. 79a note. 2 Ihid. , Roger demanded among other things that he should be entered on the Commission of Peace, his authority being restricted to Press matters. See the important paper L'Estrange's Proposals to become anstoeraUe for the Press {C.S.P.D. (1676-7), p. 590). He demanded also an authorised Deputy, and that his servant should be sworn a Messenger of the Chamber. 3 Bohun {Address to the Freeholders) takes a different view, but compared with the Plot frenzy any previous liberty looks mild. ' The Parliament having had the leisure during a long recess to consider severely what would be the event of these things (Prorogation Libels, etc.) in the beginning of the next session rescued themselves from the contempt and delusion of these houtefeus, and having made some of them examples of their just resentment things went smoother till the 214 SIR ROGER L'ESTRANGE purchased their pardon, whilst the authors were — with the exception of the Rev. S. Smith and Dr Gary (if he was an author) — unknown. The year following the Committee's labours brought forth a rather heavy crop of arrests for libel, culminating in the pretended search for the author of the Growth of Popery'^, which throws its portentous shadow over all other libels of these years. We are not surprised therefore that the Government fell back on regulation by the Law Officers. The pretentious document which embodies these regulations is entitled : * Orders Made hy the Master and Keepers or Wardens of the Stationers Company, 1678 ' 2. After quoting the Statute of 19 Henry VII. ^, and retail- ing a good deal of old stuff, relating to the elections and internal economy of the Company, the real gist of the matter is reached on page 11 where it is admitted — what the Stationers affirmed and denied as it suited their purpose — that the old 1662 Statute had signal defects to remedy which these Proposals are submitted. Clauses I. and II. forbid the setting up of presses without notice given to the Master, etc. No ' press-in-a-hole ' is to be erected, or to be in any way supplied, with material, wages or 'any sort of comfort', but the freemen of the Company are bound to discover it within three days. Clause V. No more presses to be set up until the legal limits (now grossly exceeded) are observed. discovery of the Popish Plot '. Beyond the censure of Smith, the imprisonment of Thompson, Joseph Browne, and Dr Gary, we cannot find many examples of their resentment. But even these were remembered. Among the votes of 23rd December 1680 (quoted in Fergusson's (0 J^i-st and Modest Vindication of the Two Last Parliaments) we find it resolved ' that Mr Joseph Browne ought to be restored to all the offices and places which were taken from him ... for publishing an unlicensed book called The Long Parliament Dissolved'. Hart, Index, p. 210. After three years in prison, Browne was pardoned by Royal Warrant, 15th December 1679. 1 The rigour towards the printers was not ' pretended '. *S^. P. Bonn. Car. , ii, , Warrant Book 1, p. 485, contains the Messengers' expenses for the discovery of bookbinder Thos. Bedenell and ' to 2 days spent with the Coy. of Stationers to find out the Printer of the said book £1, Os. Od.'. 2;Arber, Transcript, L, A et seq. Various copies of these printed Orders exist in pamphlet Collections. This 1678 exemplification (the earliest we have) is remarkable for the L'Estrange Bye-Law to be read in Hall to every newly admitted member of the Society. 3 The reference to this Statute is common to all Stationers' Orders which by the old Act required the approval of the Law Officers, and were promulgated * at the request' of the Master, etc., of the Company. LOEDS' LIBELS COMMITTEE 215 Clause VII. No one but Ed. Atkyns is to print law-books as Poulton's Statutes, Coke upon Littleton, etc. \ The hand of the Surveyor is seen most clearly in the Regulations : — i. That the bye-laws be read to every member of the Company on entry, ii. The neglect to inform of a secret press (within 3 days) is punished by loss of a year's interest in the stock unless the Master, etc., 'with consent of Eoger L'Estrange, Esq., or such persons as hereafter shall have the like power concerning the Press committed to them as he now hath, . . . upon hearing cause, shall think fit to mitigate the same '. iii. For the future, two books are to be kept at the Hall, the one for Information about Presses, etc., the other a complete day-book of unlicensed books, their printers, etc., * which books shall be shown to Eoger L'Estrange, Esq., when he shall think fit '. Signed H. Finch C. Ee. Eainsfokd. Fka. North. A glance at these clauses will show that the Eegulations embodied most of what the Surveyor had been fighting for, and in this sense are a victory. But so little time intervened before the breaking out of the Plot which set free every form of lawlessness that little good can have come of them. The prominence given to Atkyn's monopoly, long contested by the Stationers, the honouring of Newcombe and the new monopolies given Seymour to compensate him for the adverse decision in the matter of printing almanacs, all show that the Government meant the Stationers to feel its displeasure. This body of Eegulations efiectually marks the end of any spirit of independence in that Society. In the approaching deluge, it disappears as a curbing force, and the Government acts single-handed against offenders. The expiry of the Press Act in July 1679 and the evil precedent of the entry of the law officers on the scene, is followed by the attempted action of Scroggs and Jeffreys to gag the Press from the Bench of Justice. But to all intents and purposes, the Stationers have disappeared ; a large part of their monopolies 1 The reversal by the Lords of the Judges' decision came too late to be enjoyed by his father, Richard, the friend of L'Estrange. 216 SIR ROGER L'ESTRANGE are already filched or ignored, and when in the ignoble stampede of corporations, societies, and even schools towards a yielding up of charters took place, the Stationers had the unenviable distinction of leading the rout. And the truly humiliating thing is that that very Nat Thompson who had been the worst offender in 1676-7, printed and probably composed the following paean of praise ^ : — A NEW Song in Praise of the Stationers Company who (after THE general forfeit) FOR THEIR SINGULAR LOYALTY OBTAINED THE First Charter of London, 1684. Verse 3 ' But the Stationers' Hall so loyal The Charter by which they meet The gift of his ancestors royal Did humbly lay at his feet. Now to the Stationers' Honour The Charter is on record Great Charles, the bountiful donor, Their Franchise has restored '. We are no longer in the days of the * factious majority '. This period marks also the effectual disappearance of the clerical authorities from the government of the Press. In July and again in October 1678 we find the Bishop of London impartially ordering the seizure of F. Smith and Nat Thompson, the stormy petrels on both sides. It should be remembered that with the removal of Williamson in February of this year, L'Estrange's deputation came to an end. We find him soliciting Compton for a renewal of the lucrative privilege of licensing the almanacs 2, and as an inducement giving his Lordship information of a sect in Lower Moorfields called the Sweet Singers of Israel or the Family of Love^. A letter to Dr Borlase shows that he anticipated no difficulty in getting the deputation renewed *. 1 183 Loyal Songs (1683), p. 134. That judgment was actually entered against the Company we infer from the fact that in 1690 there was a reversal. Arber, Transcrvpt, v. xli. 2 Ibid., v., Iv. The Bishop of London had sole right of licensing almanacs, ihid., v., liv. 3 Rawl. MSS., C, 983 (18), 20th August 1678, ' 40 or 50 together. This Con- venticle they say has been up about two months and multitudes of people flock thither to see them. The neighbourhood takes notice of many women among them, that stay all night, whom, it is believed, they take in common and promiscuous freedom '. This letter announces Marvell's death. 4 Stowe MSS., 82, f. 1. Roger L'Estrange to Borlase, 20th February 1678-9. ' At present my commission of licensing matters of State is determined by the removal of Sir Joseph Williamson by whose deputation I acted, but that rubb will quickly be over '. LORDS' LIBELS COMMITTEE 217 In January of 1679 he is urging his old caution on Coventry, not to listen to the Printers' demands for separate incorpora- tion and for the same rights of search enjoyed by the Stationers Company i. With the advent of the Plot came new difficulties over the licensing of such things as 'limp- ing' Pordage's Brief History of Popish Persecutions, etc., Dr Tonge's Jesuits' Morals and Bloody Narratives, Boyal Martyr, etc., a feature of his licensing career which may be deferred to next chapter. Like Chief-Justice Scroggs he had to read the mind of the Court. In May he was relieved by the expiry of the Act from these difficult duties, but not before he had enraged the rabble by his partial licensing. At the same time he was relieved of his livelihood. The publication of Chas. Blount's (Philopatris) Just Vindication of Learning and of the Liberty of the Press, 1679, may have helped Parliament to make up its mind now, as in the final expiry of 1694 his Beasons HumUy Submitted for the Liberty of Unlicensed Printing may have aided Locke in this direction ^. Another form of literary activity already referred to in connection with the loyal Muddiman was exercising the minds of ministers. It had not yet attained the dimensions it was to assume after the Popish Plot, but already it was apparent that L'Estrange's old demand for bringing written matter within the scope of the Press Act was not so unreasonable. On 3rd September 1677, Williamson signed warrants ^ for the arrest of several of the chief agents in this kind, two of whom, Kidd and Giles Hancock, will appear again in connection with the Eye House Plot Examinations. The ' Prorogation ' libels being certainly the greatest concerted attempt in political criticism of that age, it may be desirable to conclude this chapter with some description of them. As has been said, they were the work of ' as eminent lawyers as the party boasted ' *. If reprinted with 1 Two letters to Coventry, 10th and 12th January 1679. H.M.C., 4th Eept, p. 236. 2 Hilger {Index der Verhotenen Backer, p. 217) has given him as much credit as Locke and Milton combined. 'Im iibrigen V7ar es dieser selbe Charles Blount welcher durch seine Schriften und Intriguen, die Zensur zum Falle brachte, wenigstens ihren Falle vorbereitete '. •"' S. P. Dam. Car., ii., Warrant Book 1, p. 411. * This was the point of agreement of all the witnesses and admitted by Cary himself. ' The foundation of the Whig Party may be referred to the year 1675 ', says Mr Pollock {The Popish Plot (1903), p. 224). The Green Ribbon Club, whence emanated the decision to agitate for a Dissolution, was ' the centre of the party of pamphleteers who devoted keen ability to incite and defame the Grovernm^nt ' {IMd., p. 237). 218 SIR ROGER L'ESTRANGE the earlier libels of the session 1675, they would constitute a respectable volume of constitutional theory and practice. The list would then include perhaps: — i. The Letter from a Person of Quality ^ 1675 — popularly ascribed to Shaftesbury and Locke, ii. The Two Seasonable Discourses^ concerning the Present Parliament ^ with Imprint-Oxford, 1675 — the discourses being: — {a) The Debate for dissolving this Present Parliament, 20th November 1675. (&) A letter concerning the Last Session 1675 from a Parliament man to his friend, iii. Sonne Considerations upon the Question whether the Parliament is dissolved hy its Prorogation for fifteen months, iv. The Grand Question Concerning the Prorogation of the Parliament (the Gary libel). V. The Long Parliament Dissolved — for which Joseph Browne was punished 2. vi. The Young Man's Plea or the Argument of all those Englishmen that are between the age of 21 and 37 for Dissolving this Present Parliament, who hy reason of their non-age were not capable of giving their votes in the Election {of 1660). vii. Jenks' Speech, 24th June 1676. The last we have already referred to. It was an excited rendering of the whole gospel to the country party, mingled with anti-Papist hysteria, and demands for a new Parliament. The title of the Young Man's Plea explains itself. It came out in February 1677 and was selling when the Libels Committee was sitting. The author is unknown. The Letter from a Person of Quality is of earlier date and concerned more with the events which led up to the attempted Parliamentary Test of that year and the intrigues of the Church. It is remarkable for its portraits of 'the vehement Clifford', of Shaftesbury (who is the angel of light) and Buckingham with his medley of 1 Printed at length in Pari. Hist., iv., app. vii. and vi., pp. Ixxi. and Ixvii., and ascribed to Shaftesbury. Included also in State Tracts of the reign of Quirles II., \., 65 and 69. 2 See p. 214. LORDS' LIBELS COMMITTEE 219 * eloquence ' and * well-placed ' nonsense, showing * how excellently well he could do both ways'. Another pamphlet with a similar title believed to be the work of Marvell was the subject of communication between L'Estrange and Mearne, which throws light on their relations during the period succeeding the Libels Committee ^. The remaining four pamphlets are more properly termed Prorogation libels, for they have but one object—a new Parliament. The first SeasonaUe Discourse states that *a standing Parliament and a standing army are like those twins that have their lower parts united and are divided only above the navel'. Treating of the objections to a new Parliament, the writer says ' the first is that the Crown is in danger if you call a new Parliament. If those men be in earnest that urge this, it were to be wished they would consider well what are the men likely to be chosen, and they are not difficult to be guessed through the whole Kingdom, men of quality, of Estates and of the best understanding; such will never affect change or distrust the King's Government. A new Parlia- ment will he the Nation'"^. The other discourse addressed to the same point is more jocose. 'We consist', says the author, *of old cavaliers, old roundheads, indigent courtiers and true country gentlemen'; the two latter are most numerous and would probably bring things to some issue were they not clogged with the numerous uncertainties of the former. For the old Cavalier grown aged and almost past his vice is damnably godly, and makes his doting piety more plague to the world, than his youthful debauchery was, for he is so much a bigot to the Bishops, that he forces his loyalty to strike sail to his religion and could be content to pair the nails a little of the Civil Govern- ment, so you would let him sharpen the ecclesiastical talons, which behaviour of his so exasperates the roundhead that he on the other hand, cares not what increases the interest 1 Roger L'Estrange to Mearne (?) 1676-7. * As A Letter to a Friend in the Cmmtry (commonly called my Lord Shaftesbury) crept into the world last Session of Parliament and got loose by stealth, so am I to advertise you that if you take any notice of a pamphlet entitled Aninucdversions to tlie Men of Shafteshxiry or some such title, you are to give an interruption to it. If the business comes to be questioned, leave me to answer it, etc.'. H.M.G.^ app. to 4th Rept., p. 231. 2 See Sitwell (Sir George, First Whig, p. 14) for an animated description of the meeting of Parliament after the Long Prorogation, 220 SIR ROGER L'ESTRANGE of the Crown receives, so he can but diminish that of the mitre. * Upon these, therefore, the Courtier mutually plays, for if any anti-court motion be made, he gains the roundhead either to oppose or absent by telling them if they will join him now, he will join with them for a Liberty of Conscience. ' And when any affair is started in behalf of the Country he assures the Cavaliers, if they will then stand by him, he will then join a bill against the phanatiques '. The other three tracts which engaged the Committee's attention are lawyer-like productions, which address them- selves soberly to the matter in hand. They all go back in their researches to the Statutes of Edward III., which laid the foundations of Parliamentary practice. ' The first point in this case ', says Some Considerations, etc., ' is whether these two Statutes 1 are still in force, and not repealed. They are not repealed by the Act that repeals the Triennial Act '. All three quote the repository of Ancient Law, The Mirror of Justice, and Brereton is quoted a good deal. The Grand Question is undoubtedly the greatest of these libels, as it is the most scholarly. No pamphlet of that age more clearly lays down the doctrine of ministerial responsibility. 'If the King practically evade the Law by short Prorogations, it is much to be deplored, but cannot be helped. He cannot be punished, as the law is a rule to him, hut not a rod over him. But it is different fro7n his commanding his subjects, who can he punished, to hreak the Law. 'A succession of short Prorogations comply with the letter of the Law, while one long one flies in the face of Law ^. I find only one precedent of a Prorogation for more than one year. In the time of Elizabeth, Parliament was prorogued three days over a year due to the Plague. She was mistaken and her mistakes cannot alter Law '. The Long Parliament Dissolved was evidently not viewed with the same horror as the others, for though ordered to be burned and though Browne was divested of his 1 Ihid.y 4 Ed. III., cap. 14: 'It is accorded that a Parliament shall be holden every year once, and more often if need he* ; and 35 Ed. III., cap. 10: • A Parliament shall be holden every year, etc. '. 2 A hint taken in connection with the Exclusion Parliaments. Such was the alarm created by this tract that L'Estrange induced Dr Nalson to change the title of his Grand Interest of King and People (1677-8), to the Common Interest, because 'the King had declared himself against the word, upon my showing him a pamphlet called the Grand Question, etc. ' (Nichol, Lit. Anec., iv., 70). LORDS^ LIBELS COMMITTEE 221 offices for selling it, it was not like the others voted treasonous. Its ambitious motto — 'Cursed be he that removeth his neighbours' landmark and all the people shall say Amen ' ! — is difficult to understand, but its question — 'What pleasure or advantage His Majesty can take or they themselves have in their sitting as a Parliament, when their very jurisdiction is like to be questioned in all Courts of England' — makes it of the order of the Young Man's Plea, absolves the disfranchised from the necessity of paying taxes, and gives the direct cue to the action of Buckingham and Shaftesbury in the new session. What alarmed the Government in this aspect of the agitation was the remembrance that in the same murmurs which had then turned to their advantage in 1659-60, the most powerful means had been found to stir up feeling against the Rump. If this clamour continued, the Crown might lose the most cherished flower of the Prerogative — the right to dissolve, prorogue, and adjourn Parliaments at will. Hence the rigour and energy of the Libels Committee. In break- ing the power of the Stationers, in turning it finally from a 'factious majority' to the loyal Stationers of Nat "~^^^^ Thompson's muse, the Government was performing excellent ^^ervice for the Court ^. No other Company so well illustrates the fortunes of the struggle between Charles alid his people, his designs on the whole social fabric, y^n^ his attacks on bodies immemorially free. And the reason we are to seek in Justice Pemberton's remark : ' The art of Printing is altogether of another consideration in the eye of the law, than other Trades and Mysteries are ; the Press is a late invention ' ^. 1 Taken with the imprisonment of Buckingham and Shaftesbury in 1677, the suppression of the Prorogation Libels may be taken to mark the demoralisation of the Whig forces. ' To human reckoning ', says Mr Pollock (Popish Plot, p. 225), 'it seemed as if the Whig Cause was lost'. A year later Titus Gates breathed a new spirit into politics. " Case of Stationers v. Seymour, 1678. Modem Reports, i., 256-7. We might have added to the list of * Prorogation ' Libels one which, though somewhat later in the year (1677) was regarded as the most venomous of them all — Marvell's tSeasoiiable Argument to Persuade all Orand Juries to Petition for a New Parliament, Amsterdam, 1677. It contains a most invidious list with pungent notes of the chief ' pensioners ' including Sir John Bennet, Williamson, Pepys, Sir George Downing, Sir John Birkenhead, Coventry, Jenkins, etc. See L'Estrange's Account of the Growth of Knavery, 2nd edition, 1681, p. 5. The Seasomtble Argument is printed in Cobbet's Pari. Hist., iv., app. p. xxii., and Marvell's Prose Works (1776), ii., 655. An excellent summary from the 'loyal' side of the events of these four years 1673-7 especially in the matter of the Press is given in Bohun's Address to the Freeholders (1682), pt. i. CHAPTER VIII THE POPISH PLOT — FLIGHT OF L'ESTRANGE Few writers approach the most tumultuous chapter in English history without a feeling of the impossibility of traversing that bottomless morass with order or success^. The Popish Plot stirred up every order, interest, and activity of English life to the very foundations, and for a time the minds of the great majority of people were either in a state of real hysteria over the Plot (if they were simple) or over the efects of the belief of others in it (if they were in any position of public eminence). There were, the elements of revolution in it. It was a conflagration in the national mind, and the feelings it excited survived many years. If we may vary the metaphor, this overwhelming billow caught the State ship at the worst possible moment, when the men at the wheel were dis- trusted, and there was mutiny on board. It is easy enough to furnish the bald details of the episode, to trace the career of Oates and his connection with his mentor, Dr Israel Tonge, from the interview which sent Oates to Spain to study the wiles of the Jesuits, to the evening when the two wended their way to Whitehall with the momentous 'Plot'. The delays set in their path by an incredulous 1 Besides the older authorities and sources for this chapter, the latest 'Plot' controversy occasioned by Mr Pollock's Popish Plot, 1903 (undertaken on Lord Acton's suggestion to modern historians), and by the late Professor Gardiner's WJuit the Ounjxmder Plot Was, has already given birth to two works from the Catholic side, viz: Father Gerrard's The Popish Plot and its Newest Historian (1903), and Alfred Marks' Who Killed Godfrey ? (1905) with an Introduction by Father J. H. Pollen, S.J., in which the latter remarks that the importance of the controversy lies in the fact that it affects the question of the possibility of a Catholic King. See also Andrew Lang's The Mystery of Sir Emundhury Godfrey. {Historical Mysteries, pub. 1904.) 222 THE POPISH PLOT— FLIGHT OF L'ESTRANGE 223 authority^, the position taken by Godfrey, and the tragic end of that worthy magistrate three weeks later, the hasty seizure of various priests and supposed conspirators, Govern- ment rewards for the discovery of Godfrey's assassins, Bedloe's confession and Prance's arrest on suspicion, the examinations before the King and Council of the accused trio of Somerset House fame. Hill, Berry, and Green, and their execution despite their vehement denials — all these things are part of the familiar story. But to give any conception of the tumult, the terror in society, the doubts of some statesmen, and the jubilation of others — to say nothing of coffee-house cabals and chatter, the daily attend- ance, hems, and huzzahs of the mob at the Law Courts, * the justice of the nation ' ex tolled and canvassed, while the judges and juries gave popular answers to dubious enigmas, but ' justice arraigned ' when the word from White- hall was supposed to signal a staying hand, to describe all this is beyond any pen. For our present purpose, the safest track is to follow the late Surveyor in his action throughout this crisis. It so happened that with that meddlesome mettle of his which had already involved him in almost every turn of State from 1640 onwards, he permitted scarcely a phase of the 'Plot' to pass without some contribution, either literary or personal. If the unpopular attitude he adopted at a time when unpopular ways incurred a real danger, was dictated merely by the habit of decrying the multi- • tude, and of writing what he believed to be the Court J mind — though persons who had better opportunities of knowing the mind of the Court than he were for a time, deceived — not much more credit is due to him than thatj of consistent partisanship. He had few imitators on thei Protestant and even on the Catholic side. Even Halifax \ regarded it as suicide to contradict the rabble in this ( matter. { As a matter of fact, L'Estrange had long foreseen such a crisis. To counteract ' fears and jealousies ' of Popery 1 See Sir F. Winnington's Speech against Danby, 1678 : * Was Green, Berry and Hill hanged for killing of Godfrey and must he (Danby) escape that so bitterly discouraged and menaced the Discoverers'? {H.M.C., 10th Report, p. 130). Article iv. of Danby's Impeachment : ' That he is popishly-affected and hath traitorously concealed after he had notice, the late horrid and bloody Plot and Conspiracy, and hath suppressed the evidence and reproachfully discountenanced the King's witnesses in the discovery of it '. 224 SIR ROGER L'ESTRANGE had been almost an obsession with him for the better part of twenty years. Three things — by no means small things — we can claim for the ex-surveyor in this connection. 1. He was almost the first person in the field ^ — Catholic or Protestant — to make a stand in public writing, though at first by mere 'hints and slanting' — against the great Salamanca doctor, and to attempt in the hour of Gates' triumph a guarded exposure. 2. In the Whig dSdcle following, in the dispute of the Sheriff elections for London, and when moderate men like Halifax said that enough had been done, he insisted on tracking down the Godfrey mystery day in and day out for months in his Ohservators and in the public service, and helped notably to make the Whig ruin complete. 3. Shortly before the death of Charles II., he received — not without importunity — that monarch's permission to prepare the great Plotter for justice, 'to dress up Gates for the pillory ', and in the first months of James' II.'s reign he succeeded in bringing Titus to Jeffries' tribunal. For that reason he shares with James II. the honour of being pilloried in Titus Gates' Portraiture of King James written after the Revolution, and when Titus though un- absolved ^ was once more enjoying comfort and a measure of public sufferance. It is interesting to watch the workings up of the Popish frenzy from the time of the Fire. Any one who reads the story of that catastrophe from the anti-Catholic point of view, as given in, say, the trial of the madman Hubert, self-accused of burning London for the Papists, will admit that the symptoms of madness were already present in the nation. The frenzy of the people in those terrible nights, their suspicions, frantic beyond all suggestion, the wealthy Catholics gladly surrendering themselves to the safety of a prison rather than encounter the fanatic mob, and the solemn acceptance by all, judges, jury, and witnesses, of the probability of Popish wickedness, not impeded by a 1 'One of the first attempts (besides railing at the witnesses of several libels) was as 1 remember in a printed pamphlet entitled Reflections^ etc., about the beginning of July 1679 ' {Ohservator Proved a Trimmer (1684), p. 5). There was an earlier French tract dated 1st March 1679, which derided the Plot {ff.M.C, 11th Kept., App. ii., p. 97). 2 That is by Parliament. He was fully absolved by the Commons, but the Resolutions never finally passed the House of Lords. State Trials, x., 1330. m ill iMflMUl^i I 1 1 II fill:: i i¥li '-' IP! ! .lis dim THE POPISH PLOT— FLIGHT OF L'ESTRANGE 225 Royal Proclamation which gave colour to this view — these things warn us that the great conflagration of 1666 afforded all the material of a Popish Plot — only the genius of Gates and Tonge was lacking to raise it to the mighty structure of 1678. To keep London ablaze, both in a plain and figurative sense, seems to have been the almost conscious policy of the ultra- Protestant party, who were also the factious and Dissenters. From that time, right on to 1678 and beyond, whether by design or accident, it is true that the city suffered from a perhaps abnormal number of fires, and popular feeling was clearly inflamed by the periodic accounts of similar disasters all over the country. It would seem that London's Flames, London's Flames Revived, and The Trap ad Crucem type of libel excited the greatest anxiety in the mind of the Government, because they, and especially the last, played wantonly with the terrors of the credulous people. The very title of the last named — the work of Frank Smith — was sufficient to rouse all the terrors of the Inquisition, and the Game of Trap became as terrible a bogey to the vulgar of that age as history has any record of ^. We have, for example, among others in Williamson's private collection of libels for 1673 — a year, as we saw, of exceptional activity in this department — London's Wonders^ printed by A. P. — a Catalogue of Eighteen Fires, all imputed to the Papists, and scattered over the entire area of London, from His Majesty's stables to St Catherines near the Tower, and from Bugg Eow in the City to the George Inn in Southwark. The numerous prints of these, and of the Great Fire, hung or placed prominently at every bookseller's shop, were also calculated to add to the popular terror. In short, it became a party device to catalogue every fire in the City and send them out with explanatory notes on Catholic aspirations ^. 1 So Parker (the translation called A Hist, of His Oivn Time (1727), p. 386) ; * They had so familiarly accustomed themselves to these monstrous lies that at the first opening of Gates' Plot, they with a ready and easy credulity received al his fictions ; for whatever he published, they had long before expected ', 2 See Jenks' Speech, 24th June 1676, at the Common Hall: 'London has once already been burned to ashes, and firing is now become such a trade, that not only London, the Borough of Southwark, and the places adjoining, but all the cities, the boroughs, towns corporate, and places of principal trade throughout the whole Kingdom, are perpetually in danger ; so that no rational or considerate man amongst us can promise himself, his wife, his children, or his State, one night's security, but they may all be devoured in the consuming flames, except some speedy and effectual course be taken '. A copy of this pamphlet is to be found in S. P. Dom. Car., ii., Case F., a collection of libels which shows how much alive the Secretaries were to the danger of these pieces. 226 SIR ROGER L'ESTRANGE Suspicions of the Court even, in connection with the great fire, were rife, and a curious parallel was after- wards made between the haste with which the Court was alleged to have urged on the execution of Hubert, and the same indecent hurry in the case of Coleman and Fitzharris \ One of L'Estrange's commonest themes — a theme of damned iteration — was the parallel between the state of affairs in 1641 and that in 1679-81. The most striking point of resemblance was the evil use by great men opposed to the Government of the ' Popish hobgoblin '. There had been a plot then — Habernfeld's — and it was admitted on all sides that Laud had then acted with some zeal. Yet the anti-Court party revived that ancient phantom 2, to enfiame those * fears and jealousies ' which finally flared up under the skilful incendiaries, Oates and Tonge. And this before the Fire. 'The Fear of Popery', says L'Estrange^ ' was the leading jealousy, which fear was much provoked (in 1640) by pamphlets, lectures, and conventicles, still coupling Popery and Prelacy ; ceremonies and abominations of the whore ; by these resemblances of the Church of England to that of Rome, tacitly instilling and bespeaking the same dis- affection to the one, which the people had to the other '. In the same work — 'The sound of Innovations and of Popery, in some places goes a great way with the common people towards a sedition. They fear, they wish, they love, they hate, they know not what ; and yet against this terrible nothing, shall they engage their lives and fortunes as zealously as if their souls were at stake, and as ridiculously as if they fancied these same innovations to be an army of flying dragons, and the Pope leading them on upon a hobby- horse '. He could scarcely foresee at that time that in the Pope-burnings of 1680 he himself would grace the pro- cession in effigy with Mme. Cellier at his side. In the Character of a Papist in Masquerade *, he has the 1 See chap, vi., 166. 2 So Eoger jeeringly asked if tJmt plot was still carrying on. Discovery upon Discovery, 1680. 3 Mermnto (1682), 2nd ed. 4 The Character of a Papist in Masquerade supported by Authority and Experience in answer to The Character of a Popish Successor (by Elkanah Settle) (1681), p. 50. Settle replied with The Character of a Popish Successor Complete, which occasioned L'Estrange's Keply to the 2nd pt. of The Character of a Popish Successor^ 1681, THE POPISH PLOT— FLIGHT OF L'ESTRANGE 227 same story, this time after the event but still in the same vein. * What are fears but phansies ? What are jealousies but phansies ? What original had they ? Phansies again. And what was the consequence of them ? Sum up the sins and calamities of the worst of people, and of crimes, those crimes and those miseries were the effect of those phansies. They were hag-ridden and nightmared with goblins and apparitions, and haunted in tlieir beds with images of those visions and illusions which they had taken down from the Press and Pulpit, etc.'. It was on these fear and jealousies and fatally-endowed with the power to provoke, that Marvell on the eve of the Plot wrote his Growth of Popery^ which L'Estrange ever afterwards regarded as the first link in the chain of causes which led to the stupendous madness. * You cannot but take notice ', he says, in his reply to that work ^, ' that the author of the Growth of Pojpery does upon the main, principally labour these two things. First, to insinuate the King is in some cases accomp table to his people, and secondly, to provoke the people by suggesting that their souls, and their liberties are at stake, to make use of their power'. ' From the former proposition he passes on to a florid and elaborate declamation against Popery ; and when he has wrought up the figure to a height to make it terrible and odious, his next business is to tell the people that this goblin is coming in among them, and to possess the multitude with the apprehensions of a former conspiracy against our religion and government ' 2. Thus were the people for twenty years, and more especially since the Fire, affrighted by the hobgoblin, and no work was at all comparable — with the possible exception of Trap ad Crucem — to the Growth of Popery in the work of alarm. Oates could not have had a better author to usher '^ An Account of the Growth of Knavery with a Parallel betwixt the Refmitieri of 1^11 and those of 1641, 2nd ed., 1681, p. 13. Scott, Dryden, ix., 420: 'I cannot help thinking that . . . Oates and Tonge found the people prepared to receive their legend, by the previous tract of Marvell '. 2 Ibid., p. 4 : 'The man, I confess, is a great master of words, but then his talent is that which the Lord St Albans calls matter of wonder without worthi- ness. . . . His excursions, many of them, are unmannerly and vulgar'. So Bohun {Diary, Wilton Rix, p. 40), 'A most infamous libel . . . spread and dis- persed into all hands about the Kingdom to rail down both Houses of Parliament. The author is doubtless an honest Puritan ', 228 SIR ROGER L'ESTRANGE him in, and the hue and cry in the Gazet ^ for the authors and printers of the great libel merely advertised a large section of the people of the Government's duplicity and invincible Romanism. When we come to relate the part played by L'Estrange in the Plot business, it will be found that it was not confined to the literature of the Plot. It was the means of his becoming attached to the Secretary's office, in the character of apologist and glorified spy, and later on of a species of Royal Commissioner. So that it was popularly rumoured that L'Estrange had even hopes of a Secretary's place. We noticed in its place that among his demands at the close of the Lords' Libels Committee was that he should be entered on the Commission of the Peace, his magisterial authority being, however, confined to matters relating to the Press 2. This was not granted so far as we know, but in 1679-80 — the year of the expiry of the Press Act, and therefore of his authority — he was entered on the regular Commission of the Peace, the highest honour conferred on him by Charles II. ^. It was in virtue of this new authority that he became personally mixed up in the vast entanglement of the Plot, and a rather important figure in all the succeeding troubles associated with the Whig dMcle. We shall find him in October 1680 as a result of his present hardihood extruded from the Commission, and some two years elapsed before _ 1 Gazeff 1288, 21st to 25th March 1678 : ' Whereas there have been lately- printed and published several seditious and scandalous libels against the pro- ceedings of both Houses of Parliament . . . these are to give notice that what person soever shall discover unto one of the Secretaries of State the printer, publisher, author, or hander to the Press, of any of the said libels, so that full evidence be made thereof to a jury, especially one libel entitled An Account of the Growth of Popery, and another called A Seasonable Argument to the Grand Juries, etc., the discoverer shall be rewarded as follows: — He shall have fifty pounds for such discovery as aforesaid of the printers and publishers of it from the Press and for the hander of it to the Press £100, and if it fall out that the discoverer be a master or journeyman, he shall be authorised (in case of tracing the proof to the author) to set up a printing-house to himself. See also Marvell's humorous letter to Wm. Ramsden, Esq., 10th June 1678, concerning the great rewards offered in the Gazet for the author. Three or four printed books (L'Estrange's among others) have described the author ' as near as it was proper to go, the man being an M.P. '. Marvell, Prose Works (1776), i., 428. 2 Chap, vii., 213. 3 Luttrell, Diary, i., 39, April 1680: 'Mr R. L'Estrange is made a J. P. for the county of Middlesex and 'tis said his Majesty hath settled on him an allowance ; this person hath writ many things (as he pretends) for his Majesty's service, but they have caused most violent animosities amongst his Majesty's subjects, and will prove very destructive to the Protestant interest '. The 'allowance' referred to may be explained by an entry for this month in the Secret Services of Charles II. and James II., p. 42, of a gift of £100 to Roger L'Estrange. THE POPISH PLOT— FLIGHT OF L'ESTRANGE 229 the Court had the courage to reinstate him, when he almost immediately assumed the leadership of the Tory majority in the Middlesex Justices. Despite his previous bias to the Catholics, and his later •boast of having been 'ever an infidel as to the Plot'^ L'Estrange was not all at once proof against the prevailing madness. It is instructive, for example, to compare his treatment of two books in his capacity of licenser, the one written before the Plot fury and the other a little after the first batch of victims had perished. Dr Nalson, author of the Collections of 1682, and a close friend of L'Estrange from this time to his premature death in 1685, submitted in August 1677 a work called A Biscoiorse of the GraTid Interest of King and People, wherein he seems to have reflected as sharply on the Catholics as on the Presbyterians. L'Estrange's verdict on this pamphlet is valuable as showing the methods of a licenser ' who did not like to tamper with other men's copies ' ^, and especially for his hint to Nalson to modify his anti-papal strictures, in L'Estrange's words, *to sweeten the Papists '^ In February 1679 — three months before the expiry of the Act and indeed when his own deputation through the removal of Williamson had 'determined' — Dr Borlase's History of the Execrable Irish Behellion was, in like manner, submitted. Happily we possess both the licensers' letter to Borlase and the (printed) text plentifully supplied with L'Estrange's own corrections and additions ^ On several 1 L'Estrange, Hist, of the Times (1687), To Posterity. 2 Chap. vii. 192. Cf. also his treatment of Dr Sam. Pordage's Brief Hist. of all the Papists' Bloody Persecutions, etc., Observator, i., 119, and Care's Popish Courant, v., 127. 'This gentleman was limping Pordage, a son of the famous fabulist about Reading, and the author of several libels (one particularly interlined with the paw of scurrilous Care) against L'Estrange, and violently suspected for the Medal Reversed'. He was Mephibosheth in Absalom and Achitophel, pt. ii. /See Scott's note, Dryden, ix., 372. Pordage's work was presented for license about October 1678, * when the Plot was before the Government and . . . he (L'Estrange) would not license anything to put the people in a tumult'. Azaria and Hushai an anonymous answer to Absalom and Achitophel (1682), was Pordage's work, though Cibber {Lives, iii., 346) ascribes it to Settle. 3 Nichol, Lit. Anec, iv., 68-9. 4 Stowe MSS., 82, f. 1-2, Roger L'Estrange to Borlase 20th February 1678-9. Borlase waited till the autumn of 1679 {Term Catalogues, November 1679) when the Press was free, and then Roger's * eradications ' ' were craftily omitted in all the printed copies '. But the fact that Brome published it shows some readiness on his part to meet the Surveyor's wishes. In his letter L'Estrange says : ' I was cautioned 3 or 4 years ago not to license anything upon that subject without the approbation of the Duke of Ormonde and some other of the King's ministers add- ing withal that the work was already committed to a particular hand and the materials furnished for the purpose. Under this obligation I do still continue, 230 SIR ROGER L'ESTRANGE occasions we actually find him in his MSS. notes going out of his way to add to the anti-papal fuel, which may serve to show that within three months of the critical trial of Sir George Wakeman (when Scroggs turned), the Surveyor was carried away as much as his neighbours. The point he labours in this letter to Borlase is that Charles I. must at all events be cleared of the suspicion of conniving at the Irish Kebellion, and the blame of that horror laid on the sects ^ But for the Papists, ' who have not only plotted and intended the destruction of his Eoyal Majesty, but the total subversion of His Government and of the true Protestant Religion within this realm established', — no mercy. There are three well-defined phases of the ' Plot '. First the attempt of the ' Discoverers ' to bring it to public notice, despite the opposition of the Court and lethargy of the Council. This period occupies August and September, 1678. Then follows the Parliamentary period, when the House of Commons set aside even the important matter of disband- ing the army to discover and act in the crisis revealed by Gates' evidence. This period, October to January 1678-9, was also the period of the first and principal crop of Popish trials and executions. Meanwhile, in the interval of the Dissolution of January and the meeting of a new Parliament in April, the Popish, or at any rate the anti-popular party, had had time to recover from the ruin of their designs, whatever these were, and then synchronising with, or shortly following the period of Plot Narratives — ushered in by Titus Gates' Narrative of 15th April 1679, designed for the meeting of the new Parliament — there appeared a small but invincible band of doubters, who began at first in a cautious and deprecatory besides that at present my commission of licensing matters of State is determined by the removal of Sir Joseph Williamson by whose deputation I acted, but that rubb will quickly be over. Since your MSS. came to my hand I have received an order to give my opinion upon the History, the thing being taken notice of long before it was brought to me '. The other hand was Sir John Kemble, Master of the Rolls and Privy Councillor. The scandal got wind among the Faction. See Ohservator, i., 15 : ' L'Estrange refused to license the Irish Rebellion unless he might lay it upon the Presbyterians'. Carte {Life of Ormonde (1736), i., ix.) no doubt refers to Borlase's work in talking of histories ' full of confusion, mistakes and falsehoods '. How critical the Irish Rebellion appeared in 1678-82 may be seen from Charles' action in the matter of Castlehaven's Memoirs which appeared * during the heat of the prosecution of the Popish Plot, a very unseasonable time for reviving and canvassing such a subject'. (Ibid., ii., 521). Hart, Index, ^.252. 1 See chap, iii., 86 ; MevieiUo, 3rd ed. (1681), p. 6. THE POPISH PLOT— FLIGHT OF L'ESTRANGE 231 manner to cloud the evidence of Oates and Bedloe, suggest a doubt here and a prejudice there. Of these, Koger L'Estrange was first and almost alone, from the Protestant side, in the field, and quickly became recognised as chief ^, and though we need not follow the violence of the times in calling this band the paid hirelings of the Duke, Protestants in masquerade, etc., there is little doubt that their efforts were encouraged by the Government. The popular course of elections both for the new Parliament in April 1679, and for that which met in October of the following year, led these doubting writers into a good deal of indiscreet abuse of the Citts and Bumpkins (citizens and countrymen) who determined the return of increasingly violent Parliaments. Thus they were committed not only to a ' Popishly-affected ' position, but to the contemptuous and dangerous attitude conveyed in L'Estrange's remark that ' a citizen's skull is but a thing to try the temper of a soldier's sword upon ' ^, a natural inference from that opposition to the trading classes which was instinctive on the part of the Church and Court. The sop of a Council, composed of the heads of the Whig faction, had quickly appeared fallacious ^ and either members like Temple and Halifax left the Board, or the actions of Shaftesbury were counteracted by Coventry and the creatures of the Duke. The latter, though nominally out of power, really controlled the situation. So that while on the part of Shaftesbury and the other members of the small secret committee of the House of Lords appointed on 17th Noveniber to prosecute the Discovery of the Plot, there was still a vigorous — and if any evidence can be trusted in that age, a base — prosecution of the circumstances, secret examinations, intimidation, bribery, and alleged torture, of dubious witnesses, with every gaol scoured for evidence, and the purses of the Treasury thrown open to the informer. On the other side of the Council table, the Duke's men 1 Scott, Dryden, ix., 261 : 'The first effectual step taken by the Court to defend themselves against popular clamour was in the Observator and other periodical or occasional publications of L'Estrange which had a great effect on the public mind. But during the first clamorous outcry nothing of this kind was, or probably could be, attempted ; while, on the other hand, the Press teemed with all manner of narratives of the Plot '. - Apology, June 1660, p. 48, quoted in Mr L'Estrange's Sayings (1681), and Assenters' Sayings in Requital for Dissenters' Sayings (1681), p. 33. 3 Hume, Hist, of Eng., viii., 96-7. 232 SIR ROGER L'ESTRANGE were said to be working more secretly, though by the same methods. Hence on both sides a crop of sham plots, Papist and Presbyterian, and mutual recriminations of the darkest charges of trepanning, forgery, and every form of guile, which introduce us to the sinister names of Dangerfield, Cellier, Synge, and young Tonge. Thus the interval between the Parliaments of 1679 and 1680 was a period of unprecedented agitation on the one side, beginning with modest doubts of the truth of Gates' story, but swelling into counter-Protestant plots before the meeting of the second and more unruly Parliament. On the other side an enormous distraction was created by the device of petitioning (for a Parliament in the winter 1679-80) and one libellous pamphlet — the Appeal from the Country to the City — achieved a splendid notoriety in this connection ^ as besides demanding a Parliament in this contentious winter (and therein voicing the wishes of the best men of the Privy Council, Halifax, Essex, and Temple), it bitterly attacked the Church position, and the L'Estrange crew as the instruments of Popery. Like the Growth of Popery it demanded an answer from L'Estrange, and here it was that Roger first took the liberty of saying very natural but nasty things of the citizens of London. During this tumult, and to some extent as the result of it 2, the Press had become free by the expiry of the Statute in May 1679. But even before this date newspapers devoted to the Plot on one side or the other had started up. The earliest of these was Harry Care's Weekly Pacquet of Advice from Eome, the first number of which appeared on 3rd December 1678^, and the last of the fifth volume in July 1683. The Weekly Pacquet was scarcely a newspaper except in its regular appearance and form ^. It attempted in a rather 1 Scroggs at the trial of Ben Harris for publishing the Appeal : 'There was hardly ever any book more pernicious to set us by the ears than this '. State Trials, vii., 927. Hume, Eist., viii., 119. 2 Heraclitus Ridens, p. 80 : ' For instance, there was the Liberty of the Press, how earnestly was it contended for, the denial of it said to be a relique of Popery, Old Milton's argument and words were dresst up into an Address to the Parlt. for it . . . till at last their own artillery being turned upon 'em . . . they complain of the Licentiousness of the Press '. 3 And was admitted into Mercurius Lihrarius !— a measure of the popular terror. (Term Catalogues for May 1679). '^t^ Like the Observator, Care justly pleaded that the WeeHp Pacquet was no newspaper or * pamphlet of News '. See his Preface to the 1st vol. ' Their clamour that it was but a pamphlet is below an intelligent man's regard, as if sense and reason were confined to folios'. THE POPISH PLOT— FLIGHT OF L'ESTRANGE 233 popular-learned fashion to bring the story of the Eeforma- tion on the Continent down to where Dr Burnet had started his History of the English Reformation^ so much approved by the House of Commons and so flatteringly imprimatured by Coventry. Besides the Weeklt/ Facqioet from Borne, there was a Weekly Packet from Germany, begun on the 3rd September of this year but concluded finally in December. J. Smith's Current Intelligence was also born out of time. It first appeared on 14th February 1679, and enjoyed a fitful but vituperative existence till the spring of 1682, when the Government was closing down most journals, and the fury of the Plot was expended. Of this year also we should notice the redoubtable Ben Harris' Domestic Intelligence, begun on the 7th July 1679, and carried on with but one considerable hiatus till the starting of L'Estrange's Ohservator in April 1681. To answer this vigorous Plot paper, Nat Thompson stepped into the breach on the Court side with his True Domestic Intelligence in the same month, and with the change of title in the spring of 1681 to the Royal Protestant and Domestick Intelligence continued into May 1682. Frank Smith (jocosely called Elephant Smith from the name of his sign, the Elephant and Castle)^ did not start his Smith's Protestant Intelligence till 1st February 1681, nor did it last more than three or four months, but Frank made up for the omission by answering Heraclitus Ridens (started February 1681) by Democritus Ridens, and by being active in other ways^. Baldwin, Curtis, and Janeway are of later date, but all in league with the ' Little Luther ' of the faction, Harry Care. This man became the natural enemy of Eoger L'Estrange, the chief writer of the Loyal party. He was the owner of 1 Also the ' Bromigham-Protestant ' — so early was the name of Birmingham put to such uses ! See Scott's Dryden, ix., p. 209. - Such as the printing day by day of those numerous votes of this Parliament, which can only be described as democracy run mad. See L'Estrange's remarks on the same, Reformation RefovTrCd, occasioned by F. Smith's Yesterday's Papa' of Vote^, 2nd September 1681. The close connection of these Papers with the Green Ribbon Club whose seat was in a sort of Carfour at Chancery Lane End, ' a centre of business and company most proper for such anglers of fools' {Examen) is noted by Sitwell {First Whig, p. v8): 'Political paragraphs were communicated to the editor of the DmnesticTc Intelligence', i.e. Ben Harris. Care, too, got his 12d. a week whilst in prison, from the G. R. C. and its members were advised to subscribe to the Weekly Pacquet. See Obscrvator-, iii. , 204, 28th August 1686, where Roger has printed several * Pope-burning ' resolutions of the Club, especially that (1st November 1680) in which he himself figured. 'The Ohservator can never forget the obligations he has to the G. R. C. '. 234 SIR ROGER L'ESTRANGE a facile pen, could depict Popish horrors with unerring judgment, and give them an air of authority by the posses- sion of some considerable learning. Indeed, his Weekly Facquet of Advice, despite its grotesque bias, is not unworthy of study as a history of the Protestant Church on the Continent. That it took with the mob is eloquent of the heated state of public opinion at the time, on the question of Popery. The grave Weekly Facquet was accompanied by a single sheet of remarkable abuse and obscenity which became largely devoted to the most scurrilous attacks on L'Estrange. This part, entitled The Popish Courant, must have disgraced the name of Protestantism, and it is difficult for us at this distance to imagine the state of mind which could revel in the Courant, and be at the same time so stiff on the religious topic, if we did not remember that the mob's hostility to Rome had no connection with religion whatever, but was based on ' fears and jealousies '. Later on, when the Loyal side recovered breath, the Goitrant dropped, but the Facquet struggled on — almost the last enemy to stand against the Ohservator'^. The Plot has naturally attracted a vast amount of interest, but the literature of the Plot has almost escaped notice. This may be ascribed first to its inherent lack of literary quality, and then to its confusion and waste. Writers on the Popish crisis have perforce had to study it, but little notice has been given to the fact that the Plot was almost as much a matter of lying Narratives and Pamphlets as actual trials and executions, and that the Government was as much moved by the former as by the latter. The first and classic Narrative of Gates already alluded to, was prepared for the meeting of the new Parliament in April 1679. This Narrative, consisting of eighty-one articles, pretended to be only an abridgment of a complete exposure of the hellish design of the Papists, and was with certain significant additions the famous document 1 Defoe's tribute to Care's Weehly Pacquet in Introduction to 1st vol. of his Revieio, September 1704 (Arber, An English Garner, ii., 618): *If they think that work mean and the performance dull (which the present scarcity and value of these Collections plainly contradict), it remains for these gentlemen to tell us where the meannesses are '. Defoe admitted that the Weehly Poxquet was the prototype of the Review. The Preface to the 1713 reprint of Heraclitus Ridens says: 'We have had not only the venom of former libels collected . . . but entire pieces reprinted, such as the Weekly Poucket of Advice, Popish Gowrants, etc. '. THE POPISH PLOT—FLIGHT OF L'ESTRANGE 235 sworn to before Godfrey on 27th September 1678, and submitted to the Council the following day. The preface with which it was now adorned was its most remarkable addition, and created a storm of controversy. Therein with the complete effrontery which made his Plot possible, Gates reminded the King of the attempts of the Papists for a century to embroil parties. The Papists were at the bottom of the late rebellion, they frustrated the Treaty of Uxbridge in 1645, and they sent their missioners into Scotland in 1650 to make matters impossible there for * young Tarquin '. Since the Kestoration by ' firing and plundering our best cities and towns ... by aspersing, deriding, exposing, and declaiming against the King's person ... by Seditious preachers and catechists, set up, sent out, maintained and directed what to preach, in their own or other climate or at public conventicles and field meetings', they render Government impossible and fire the whole nation. The late rebellions of 1666 and 1679 in Scotland with the intermittent contumacy of that country, are solely the work of peripatetic Jesuits in fanatic disguise. The current belief that the Catholics had been singularly loyal in the late troubles and that the men associated ^ with the personal safety of the King were Papists, was rudely challenged, and that without a word of proof from a man whose statements were accepted by a large section of the nation as on a par with Holy Writ^. It was not to be supposed that the other King's Evidence would allow Titus all the honours of publication. The miserable Prance was shortly afterwards in the field with a narrative. Bedloe contented himself with a narrative^ of the Fires, and Mr Dugdale* presented the nation with 1 See Castlemaine's Catholic Apology, 1666, for a list printed in red letters of Catholics who suffered on the Royal side during the Civil Wars, chap, vi., 172. 2 Temple's Memoirs, ed. 1720, p. 339 : ' Though it was generally believed by both houses, by City and Country, by clergy and laity, yet when I talked with some of my friends in private, who ought best to know the bottom of it, they only conclude that it was yet mysterious, that they would not say the King believed it. Upon three days thought of this whole affair, I concluded it a scene unfit for such actors as I believe myself to be ', From a believing source (Coke's Detection (1719), p. 239) we are told that the King * not only countenanced the plotters, but ridiculed the Plot '. So Burnet : In regard to the witnesses. Coke swallows them whole except Dangerfield. There is even a classic precedent for his case. Did not Cicero use Fulvia ? ^ A Narrative and Ivipnrtial Discovery of the Horrid Popish Plot, carried on for the Burning atvd Destroying of the Cities of London and Westminster with their suburbs, 1679-80. * Not the Plot Witness, as L'Estrange discovered, p. 238. 236 SIR ROGER L'ESTRANGE a Narrative of the unheard-of Popish Cruelties Towards Protestants Beyond Seas. Besides these, Jesuits' Catechisms, Popish Delusions, and lying wonders * taken out of an old book in Kent, only for diversion's sake ', exposed in every bookseller's shop, made the crowd gape at the perfidy and obscenity of Rome. As to the framing of these official narratives, we know that the booksellers had a large hand in their composition. It is something surprising to find a creature like Prance dispensing his lordly permission to printer Dormer to print his Narrative, very much in the same style a Chief-Justice would use. There was no question of the law monopoly for them. On the contrary, they set up such a monopoly in narratives and attacked so fiercely any who dared challenge it, that we have the amusing spectacle of the late Surveyor complaining noisily of the tyranny of the Press. In a small thing like this, we see perhaps more clearly than in greater, the enormous credit which these men enjoyed in the nation. It is still, however, early days with the 'Plot'. It appeared from the deposition of another liar that Dr Oates was assisted by a small army of forty clerks^, which seems an exaggeration, however, if we think of the security and secrecy necessary even for the 'Doctor* to practise. But it is certain that he was helped out in the composition of his Narratives by his literary friend Dr Tonge, whose long practice since 1672 in the Popish Delusions Department made him an accomplished hand. Yet Titus, if we may judge by his Trial Speeches, had a certain bold narrative faculty too. Tonge, no doubt, gave some literary finish to the Narratives, and helped them into some sort of order and coherence, besides suggesting the crude historical matter of the Preface and Epilogue, for which Oates had little knowledge, and being, as L'Estrange mischievously suggested, too young a man in 1640 to be an actual observer of Popish intrigue then. There is no suggestion that the document which Prance handed to Dormer in May 1679 was not his very own. This narrator was gifted with a wearisome pathos, which might be called garrulity, if it did not touch a matter 1 Young Tonge's Confessions to L'Estrange in The Shammer &wmmed, 1682 THE POPISH PLOT— FLIGHT OF L'ESTRANGE 237 which, in the public estimate, rendered the most prosaic setting electric. Two other official guides to the Plot were a matter of more guile, which it was left to Eoger L'Estrange to expose in his Narrative^, an exposure of the methods of the booksellers as much as of the King's evidence. Speaking of Bedloe's Narrative, he says : ' It was my hap some three or four months since to cast my eye upon a book entitled A Narrative, etc., Dedicated to the surviving citizens of London ruined by Fire. I came to the pamphlet with expectation of some notable discovery, especially finding a promise in the title-page of depositions and informations, never before printed; but when upon the perusal, I found the narrative part of it to be taken verbatim almost out of two or three old seditious libels against the Government that were printed by stealth some ten or a dozen years ago (before Mr Bedloe's time of action) and scattered up and down in most of the public-houses upon the great roads of England, by half a score sometimes in a place, according to the ordinary methods of the Faction in such cases ; I made a strict enquiry into the matter, and this was the business. ' There was a consult of three or four booksellers over a bottle of wine, what subject a man might enter upon at that time, for a selling copy ; one of the company was of opinion that a book of the Fires would make a sweet touch, and so they all agreed upon it, and propounded to get some of the King's witnesses' hands to it. Naming first one and then another, they came at length to a resolution, and pitched upon Trap ad Crucem 2 and the History of the Fires as two books that would afford matter enough, if they could but get them put into a method, and have a certain person's hand to the owning of them. Hereupon they applied themselves to one to draw up the story, and so it went to press under his hand, all but what was printed copy, and he made several alterations, too, in the epistle, out of his own head, after it was compiled at the press. So that here are a couple of old libels turned into a new Narrative and the King's magistrates and officers declaimed afresh, and the 1 L'Estrange's NaiTaUve of the Plot is dated 1680 {Tei-Tti Catalogues, June 1680) probably May. But it is more a narrative of the cheats and shams of the other side than of the Plot. 2 Chap, vi., 169. 238 SIR ROGER L'ESTRANGE menage of this scandal committed to the hands of a common calumniator. As to what concerns Mr Bedloe's evidence I have nothing to say ; nor to the Papists burning the City ; nor to any one point in the pamphlet which Mr Bedloe can pretend to speak to upon knowledge. But this I shall say, that there are several groundless and dangerous passages in it, and that the most inflaming and seditious of them are libels of ancient date reprinted; that it was a contrivance set out by booksellers for profit, drawn up according to their order and direction, and in an abuse in the very original intendment; the citizens and King's witnesses being only propounded as a property towards the gaining of it some reputation, and made use of to illustrate and confirm the Plot. " But what ", ye'll say, "there's a mournevaP of book- sellers upon a trial of skill in their own trades, one knave invents a story, and a thousand fools believe it ". But then fearful of offending the great doctor in a vital point, " What diminution is it to Dr Oates his Narrative to say that the contrivance of the mercenary booksellers and scriveners herein mentioned are shams ? " ' Dugdale's Narrative was an even better instance of the trickery of unscrupulous publishers. 'The first impression went off clear, with Mr Bichard Dugdale in the title - page, as the composition of Mr Dugdale, the Witness, but the bookseller, finding the business to be smoaked, the Witness's name being taken notice of to be Stephen and not Richard, he very prudently left out the Christian name in the second impression, and made it only Mr Dugdale. And so it went for the Witness's again ; his work being only to find out a witness's namesake by great good fortune he pitched upon an alehouse keeper in Southwark of that name to carry off his project, and the man (as I am told) is a very honest man ' 2. At the time L'Estrange wrote the above quotation, the 1 Mourneval — Murray's New Eng. Diet. (1) A set of 4 aces, Kings, Queens or Knaves. (2) Transf. a set of 4 (things or persons). L'Estrange invariably uses the term of Knaves. 2 The profit arising from these Narratives was sufficient to seduce both witnesses and booksellers. See 8cott, Diyden, ix., 261. Eccamen, -p. 260 : 'How- ever dexterous the captain was at his pen, having published various sorts of narratives (which by the way is no small availes of a Discoverer that has the selling of the copies) she (Mrs Cellier) was as good at the sport as himself, and T think out-wrote him. The business ended in a print {i.e. Dangerfield's Narrative in which that scoundrel worried Lord Keeper North) to the great gain of the spark. It was no small job for the printer, for the crying about the streets, "the li. C. J. North's Narrative " in a time of such super-foetation of Plot Narratives ', THE POPISH PLOT— FLIGHT OF L'ESTRANGE 239 whole pack of Whig libellers were again loose, and in greater freedom than they had ever enjoyed, not merely because the Press Act had expired but because the Government was as yet powerless to interfere, and when a month or so later Scroggs and his brethren did interfere, we shall find it makes part of the matter for an impeachment of that venal judge. The London citizen, as he walked abroad in the morning, had half a dozen True Protestant Mercuries to greet him with the discordant cries of the hawkers^, while Nat Thompson's presses were turning out no less immodest and numerous a spawn of Popish or * Popishly-affected ' broadsheets. It was not until the conclusion of the July trials of Sir George Wakeman^ and Corker that the whole fury of the Protestant tempest broke forth. It was this storm that brought L'Estrange to the fore as the ambiguous champion of sanity and moderation. This famous trial, by which, in Burnet's words, ' witnesses saw they were blasted ', occurred on the 18th July 1679. It has been observed that it was as much the Queen's trial as her physician's. That Scroggs had been tampered with by the Court, seemed apparent to the mob from the outset, and his summing-up appeared far different from his usual invective manner in these trials ^. Bedloe, too, had made a bad stumble when, on being admonished that his evidence on hearsay that Sir George Wakeman was to ' take off ' the King was no direct evidence, he hastened to amend it by affirming that Sir George told him himself*. Gates' evidence was, of course, subject to suspicion of its being an afterthought, as Wakeman's name had not appeared 1 Gazet, 1432, 7th to 11th August 1679. 2 Examen, p. 185 : 'Posterity will wonder two things, (1) that such an evidence as this against Wakeman should be admitted to sustain a charge of high treason ; (2) that upon a solemn examination it should bear so much altercation as it did '. 2 See Roger North's contemptuous portrait of Scroggs, Lives, i. , 196. ' Gates coming forward with a swinging popularity, he as Chief -Justice took in and ranted on that side most impetuously '. He probably did not need North's advice to make him play his politic part at the Wakeman trial. L'Estrange had the doubtful honour to run with Scroggs in the course now to be set them by ' their evidence- ships*. Only Scroggs stayed while Roger fled. See A New Year's Oiftfor L. C J. Scroggs where his tender treatment of the evidence in Coleman's trial is con- trasted with his rigour to Gates in Wakeman's. ' The conduct of the Court on the two occasions', says Mr Pollock (Popish Plot, p. 310), 'was perfectly con- sistent '. It was certainly consistently partisan. * 'Whereupon' {State Trials, vi., 643) 'Sir Geoi^e said privately to his fellow-prisoners, "There is my business done'". 240 SIR ROGER L'ESTRANGE in that prescriptive list which Gates had declared final and inclusive before the Council in 28th September, 1678 -. Before we remark on the effects of this remarkable verdict on the popular mind, it may be well to describe what was done on the other side. For Wakeman's trial, more than any other, put life and courage into a despairing party, and the result was a new reading of the Plot and the trials, from a more openly sceptical standpoint 2. As has been said, no man better or more courageously presented this view from the Protestant side than L'Estrange. His History of the Plot was a first nervous attempt in this direction ^. This work is in the Michaelmas Tei^m Catalogue^ and was probably published in September 1679. In Harry Broome's Booksellers' Advertisement^ 27th February 1679-80, beginning, 'Whereas there are several discourses and pamphlets abroad in the world that passe for the writings of Mr Roger L'Estrange, wherein he never had any hand at all, etc. ', it occurs second in the List, since September 1678, and it preceded Roger Palmer's Narrative published in October 1679, by only a few days, so that Roger had a survey of all the important trials of the year. Although we have entered this work in the list of sceptics, one must not look in it for anything more daring than hints and glances. Like many a more famous work, it observed so much caution as to be mistaken by both sides, and to incur the anger of Oates along with that of Castlemaine *. Six years later, the author described the methods which alone 1 A New Year's Oift, etc. — Scroggs — 'Mr Oates, Sir George Wakeman urged it right, that he should not have been permitted his liberty so long, if you had charged him home then '. This is the occasion when L'Estrange's father- in-law, Sir Thos. Doleman, Clerk of the Council, attempted to shield Oates. 2 Defoe, Remew, vii., 297. 'A party of men appeared, who began with ridiculing the Plot '. 3 Sir Sidney Lee (art. L'Estrange, Did. of Nat, Biog.) says the History was a mere record of Trials, but its sinister attempt to be fair to the Plot victims is apparent on the surface. So thought the King's Evidence. 4 See his Com^pendium of the Plot, 1679. 'The author of the said History has past by or slubbered over several things which the parties concerned may justly insist upon to be of force in their business'. There is an Hisioire de la Conspiration d' Angleterre, traduite de VAnglois du sieur L' Estrange par L.D.L.F. d Londres, chez R. Bentley au Oommun Jardin en Rvsselstrcet, etc., 1679, dedicated to Ormonde, in which the translator champions Roger against ' I'autheur d'un certain Libelle public sous le titre do Compendium (qui) le traite de Phanatique ', and the Nonconformists who ' le veuleut f aire passer pour Catholique Remain ', As for L'Estrange, 'il est generallement cpnnu non seulement pour un trbs honn§te homme, mais aussi pour une personne trhs capable. II est officier chez le Roy et outre cela nomme pour revoir les ouvrages qui s'impriment, pour donner la permission de les mettre au jour'. THE POPISH PLOT— FLIGHT OF L'ESTRANGE 241 were possible in these months to the sceptic desirous of innoculating the public mind with his doubts. 'The witnesses led the rabble, the plot managers led the witnesses, and this was the state of things when I first dipped my pen into this subject, and there was no launching out into the abyss of the Plot mystery without certain ruin, but coasting and slanting, hinting and trimming was the best office a body could perform in that season— a little skirting now and then upon the Narrative, and bantering betwixt Jest and Earnest upon the credit of the witnesses, gave people little by little to understand as much as any man could safely communicate, but the foundation of the Plot lay as yet untouched, the patrons and vouchers of it remained sacred, and for a long time there was no meddling with a vote without burning a man's fingers. . . . But since it hath pleased God by a beam of Providence itself to light us into all the intrigues and recesses of it ... I thought I could not do better than to lay hold of and to improve this opportunity of tracing it from the labourers and the journeymen to their principals' ^. In his Freehorn Subject, written immediately after The History of the Plot, when he was smarting under an unsuccessful application for Sir John Birkenhead's post of Master of Faculties relinquished by death, he leads up to the circumstances of the publication of his History with the old story of his thirty years' labour for the Crown, his imprisonments and fortitude, a sure sign with L'Estrange that he was in low water, and now, ' the bread taken out of his mouth, and a large proportion shared amongst some of those very people that pursued his late Majesty to the block', is a sad commentary on the expiry of that Act which terminated his licensing gains ^. As to those circumstances, 'reflecting on those errors (in the Printed Trials and Narratives of the Devilish Plot) together with the almost inextricable diffiulty of retrieving the truth out of such a confusion of tautologies and forms, the collection being so bulky, too, and the particulars lying 1 L'Estrange, History of the Times (1687), and the To the Reader introduction to the 3rd Book of Ohse'rvators. 2 Ibid., p. 44: *I defy any man to produce another gentlenaan in the King's Dominions under any circumstances that has suffered so many illegal, arbitrary, and mean Injustices from any abusers of the King's boiinty '. His enemies were quick to see in these words an echo of the old Cavalier, insurgent complaints of the Caveat, 1661. See Assenters' Sayings (1681), pp. 32-3. 242 SIR ROGER L'ESTRANGE so scattered, that it was next to the work of Ilesurrection to set any part in its right place, I betook myself to my friends, my thoughts, and my papers, and digested the whole trans- action into an historical narrative. And not in dialogues, neither, nor in words, neither of the Bench, the witnesses nor the prisoners, but in my own style and way, just in the same fashion as I would tell the story. This book I entitled The History of the Plot, and made legal assignment of my right to a bookseller. I authorised him to print it, and he imprinted it by the authority of the author ; some of the Pretenders to the former trials arrest my bookseller as an invader of their propriety \ and threaten him most wonderfully into the bargain. He puts in bail to the action, and there the squabble rests. They do not complain of any imitation of their copy, but take upon them as if no man else were to write upon that subject. At this rate, we shall have all sermons forfeited to the King's Printer, for descanting upon their Bibles, and all books whatever to the company of stationers because they are made out of the twenty-four Letters, and the A B C is their copy. What a scandal is this to the commonwealth of letters, what a cramp to learning and industry that if I have a mind to compile a history, I must go to forty little fellows for leave, forsooth, to write a Narrative of the pro- ceedings upon our blessed King and master, the brave Earl of Strafford, or the Archbishop of Canterbury. If a body would draw up a system of treason and sedition, must he go to the publishers of Bacon's Government for a license ' ? When he urges the merits of his Plot History over the others he is on surer ground. It was sold at half a crown, which was eleven shillings less than the official publication of the Trials. The fact that it was only a sixth of the bulk of that publication was very much in its favour. But 1 The question of Property Rights in the Trials is important. Scroggs, October 1679, wondered ' by what authority that Arbitrary Power was assumed to forbid any friend of mine the seeing of it ', i.e. the printed trial. The Lords' reversal of the judges' decision in 1668 had left Edward Atkyns sole law patentee, but now in the freedom assumed by the press, property rights shared the general disorder, and the judges began later to share in the plunder. By assiduous tavern courting of witnesses like Dangerfield, mean printers got possession of their lordly imprimaturs. Viner, Abridgment, xvii., 207: 'In arguing the case of printing Roll's Abridgment being licensed by the Judges, it was insisted and admitted by the counsel of the Patentee in Parliament (1) That this grant is no publick grievance. (2) That the stopping the Impression, though licensed by the Judges, is justifiable. (3) That the Law- Patentees may not print law reports without the Judges' License'. THE POPISH PLOT— FLIGHT OF L^ESTRANGE 243 his claim to have omitted nothing, and made good the defects of the official trials, was subjected to a good deal of abusive denial. As the most critical aspects of the Plot are either heightened or suppressed according as the writer believed, a further examination of the points charged against L'Estrange's History and the things charged by him and Castlemaine on the other writers, focus the main disputes of the mystery. The clever Epistle to the Eeader, which is an accom- plished model of ' hinting and slanting ', at the same time shows a certain consciousness of the magnitude of the Plot mystery in English History — a feeling absent from almost all other contemporary references and narratives. We should read this, too, remembering that it is almost, though not quite ^, the earliest attack on the Gates' Plot by innuendo, omission, and addition. Incidentally it proves the existence of a more considerable body of sceptics than one would at first imagine. 'There has not been any point, perhaps, in the whole tract of English story, either so dangerous to be mistaken in, or so difficult and yet so necessary to be understood as the mystery of this detestable Plot now in agitation (a judgment for our sins augmented by our follies). ' But the world is so miserably divided betwixt some that will believe everything and others nothing, that not only truth, but Christianity itself is almost lost between them, and no place left for sobriety and moderation. We are come to govern ourselves by dreams and imagination; we make every Coffee-house tale an article of Faith, and from incredible fables we raise invincible arguments. A man must be fierce and violent to get the reputation of being well-affected, as if the calling of one another damned heretic and Popish dog were the whole sum of controversy. And what's all this but the effect of a popular license and appeal ? ' When every mercenary scribbler shall take upon him to handle matters of Faith and State ; give laws to princes and every mechanic fit judge upon the Government. Were J Earlier .sceptical treatment of the Plot is to be found in Nat Thompson's True Domestic Intelligence, which started in the wake of Ben Harris' Domedic Intelligence {1st No. 7th July 1679). The Wakeman trial was on the 18th July, but Nat is very diffident in his references. There was also a Sober aiul Seasonable Quei-ies early in 1679, which took a very decided view of the rascality of the witnesses. The Observaior Proved a Trimmer gives a capital summary of the various onslaughts on the Plot fabric from 1679-1681. 244 SIR ROGER L'ESTRANGE not these the very circumstances of the late times ^, etc. ? . . . These things duly weighed, and considering the ground of our present distempers, the compiler of this Abridgment, reckoned that he could not do his countrymen a better office than by laying before them the naked state of things, to give them at one view a prospect both of the subject matter of apprehension, and of the vigilance, zeal and needful severity of the Government on their behalf. To which end he hath here drawn up a historical abstract of the whole matter of fact concerning those persons who have hitherto been tried for their lives, either upon the Plot itself or in relation to it, opposing authentic records to wandering rumours, and delivering the truth in all simplicity. He hath not omitted any one material point ; there is not so much as one partial stroke in it ; nor a flourish, nor anything but a bare and plain collection, without any tincture either of credulity or pashion. And it is brought into so narrow a compass, too, that it will ease the reader's head as well as his purse, by clearing him of the puzzle of forms and interlocutories, that serve only to amuse and mislead a man by breaking the order and confounding the relative parts of the proceedings. 'Having this in contemplation, and being at the same time possessed of a most exact summary of all passages here in question, this reporter was only to cast an extract of these notes into a method, especially finding that upon comparing the substance of his own papers with the most warrantable prints that have been published, his own abstract proved to be not only every jot as correct, but much more intelligible, which, being short and full, he thought might be useful, and find credit in the world upon its own account, without need of a voucher'. In this epistle, L'E strange very clearly set forth the position of the clergy and the Court. Admit only so much of the Plot as is visible in Coleman's letters ; decry violence or comment in the course of the trials, and fall foul of the liberties and indecencies of the sectaries, who encouraged by the expiry of the Press Law, and animated against the bishops by their refusal to yield their claims to act as judges in treason trials, and in the case of Danby in particular, indulged in anti-episcopal language, besides which the old 1 I,e.y The Civil War, Cf, also Justice Dolben's speech, State Trials, vi., 704, quoted p. 245. THE POPISH PLOT— FLIGHT OF L'ESTRANGE 245 Conventicle libels paled. Burnet takes this to be the moment — that is, the prorogation and subsequent dissolution of the Short Parliament of 1679 — of critical division in the Church, the more violent party siding with the Court, and crying up the parallel of '41, the other foreseeing a real danger of Popery and setting themselves soberly to * rescue the Church from those reproaches that the follies of others drew upon it ' ^. It was at the beginning of Michaelmas term, 1679, and therefore in the very midst of these conflicting narratives, that Scroggs and his brethren showed by certain extra- ordinary speeches on ihe license of the Press how badly they had been hit by the attacks on their conduct of the Wakeman trial 2. If nothing remained of the venal judge but his speech on this occasion, he might well be thought a dignified upholder of justice, which ' should flow like a mighty spring, and if the rabble like an unruly wind blow against it, it may make it rough, but the stream will keep its course'. It is true there is no Press Law, but * Let their brokers, those printers and booksellers by whom they vend their false and braded wares, look to it. Some will be found, and they shall know that the Law wants not power to punish the libellous and licentious press, nor I a resolution to execute it'^. "Whilst aflfirming the Plot, Scroggs took the line already laid down by L'Estrange, and for which both were brought near ruin, that 'No Act of Oblivion ought to make us forget by what ways our late troubles began, when the apprentices and porters mutinied for justice in their own sense'. Mr Justice Dolben, who spoke next, struck the same note. 'I am old enough to remember (and perhaps feel the smart of it yet) the beginning of the late Eebellion (for a Eebellion it was, and deserves no other name). I know it had the forerunner of such libels and scandals against the Government as this is'. 1 Burnet, Ow7i Times, ii., 221. 2 state Trials, vii., 702-6. ^ This temperate speech was of course interpreted into dreadful menaces by the Protestant rabble. See A New Year's Gift already quoted, p. 8. 'With scurrilous threatenings and clinching his fist at them (the booksellers and scribblers) as many of the standers-by observed, with such furious language that they likened him to a bear robbed of her whelps '. It seems from this account that Press Messenger Stephens shared the Judges' anger. ' Sarah ! you have been conniving and tampering'. See Lord Ashburton's speech, 6th December 1770 (Pari. Hist., xvi., 1277). 246 SIR ROGER L'ESTRANGE One formidable 'scribbler' immediately took pen to express the party's indignation against the writer of the abridgment of the trials. The 'little dirty pug Harry Care', accused of being the veriest hack of the booksellers, the compiler and first begetter of numerous Plot Narratives, and the learned if scandalous author of the persistent Weekly Pacquet of Advice frowj Borne and Protestant Courant, issued his Damnable Popish Plof^, in the epistle of which he attacked L'Estrange by name with great ferocity. At the same time, or shortly after, two other combatants were breathing out threatenings against each other. We have already mentioned King's Evidence Miles Prance, and his (May 1679) narrative of the Godfrey murder. After dark and notorious passages in Newgate, Prance had been called upon to swear away Ireland's life in the May trials, and to attempt Wakeman's in July. Roger Palmer, in following L'Estrange's History so closely as has been observed, took occasion to riddle his tortured evidence, and Prance perforce uttered a feeble and irrelevant reply on 17th October 1679. Thus there was in this month — the month also of the famous Appeal from the Country to the City, and of the petitions for a Parliament — a quadrilateral duel over the truth of the King's 'evidence'. Care's attack on L'Estrange in the preface to his History of the Damnable Popish Plot is as worthy a piece of invective as exists in the language. His long and ambitious history takes up the thread of narrative from the Reformation, and by inference convicted King, Court, Lords, and Bishops of an affection for Popery, arraigned the Judges for their conduct in the later Plot trials, and appealed to the approach- ing Parliament for judgment. He attacks L'Estrange's Brief History, because it omits the trials of Staley, the Popish banker denounced by Carstairs, the first to suffer, and Reading, who attempted to suborn Bedloe to mitigate his evidence against the Popish Lords in the Tower. To these charges Roger had the very good answer that the 1 The History of the Damnable Popish Plot (anon.) 1680, 8vo. A second edition appeared 1681. This should be distinguished from Popish DamnaUe Plots against oxir Religion and Liberties ', which may, or may not, have been Care's. We know that John Phillips, Milton's nephew, collaborated with Care in the productionfof these narratives. Hence L'Estrange's enmity. See p. 330. Lingard {Hist, of Eng. (1854), ix., 208) seems to imply that Care had some sort of Parlia- mentary commission to write his Damnable Popish Plot, ' for the instruction of the people '. THE POPISH PLOT— FLIGHT OF L'ESTRANGE 247 case of the former lay outside the broad track of Oates' Plot, and Eeading was not brought in for his life. Care was now ready for the vengeance of the Court, which overtook him in the sentence of Scroggs in July 1680. But the real front of Eoger's offending was, as we saw, that he had conspicuously indicated the slippery places in the Plot mystery, where, but for a good deal of winking and collusion, the whole business had gone to pieces. He did not yet dare to hint that Shaftesbury was behind the scenes in Newgate, and working as earnestly as any, at the patching-up and rehearsing of the Plot story, drilling the various witnesses in the parts to which they were driven by what amounted to torture or bribery. But he cast a glance at the idle rumour that Prance had to be assisted to the witness-box by copious and long- continued threats and actual brutality. The treatment of this wretched being was afterwards to engage his closest scrutiny. In the meantime, he hinted the doubt and passed on. Not so the anonymous Castlemaine. This Catholic nobleman took greater risks for his fellow religionists than any other person, and in the event stood a trial for high treason i. But at the time when in his Compendium of the Plot History, he exposed the evidence of the wretched Prance, he was merely known as a faithful frequenter of the trials, and a bold encourager of Oates' unfortunate victims ^. He had been responsible for the most formidable attempts to break down the Plot evidence by introducing, and 1 Mr Pollock {Popish Plot, p. 360) says : 'The acquittal of Lord Castlemaine is chiefly important as an episode in the infamous career of Dangerfield '. But it is clear that he had a much wider importance from 1666 onwards. However con- temptible on the score of his Countess, he showed remarkable perseverance and courage for his religion. His Compendium is to be distinguished from The Compendious History, etc., loith an account of the Plot, erroneously ascribed to L'Estrauge in the Bodleian Catalogue. 2 Dangerfield's Narrative (1680), p. 23 : ' The next day I went to wait on the Lord Castlemaine, whom I found in his study writing the Compenditim, and I had time to read some part of a paragraph '. Castlemaine, the ' witness ' continues, was very wroth with him for not acting sufficiently boldly in the work set him by Mrs Cellier and himself, i.e., the murder of Shaftesbury. His chief duty, however, was to frequent the factious coffee-houses, and 'scatter daily reflections and Nevile's {alias Paine) libels '. Castlemaine's book bore no printer's name, but the printer lay in gaol for it several months, by order of the Council. As to Castlemaine's management of the witnesses, see his trial, 23rd June 1680. * My Lord ', said the Attorney-General, * these persons my lord Castlemaine had the management and instruction of at that time, and all along at the Old Bailey my lord C. was present there, and did countenance these persons '. Castlemaine was also remembered as the writer of the Catholic Apology, 1666. See chap, vi., p, 167. 248 SIR ROGER L'ESTRANGE managing the thirty young witnesses from St Omer's, to prove that Gates was not in England in May 1678. This despised and ridiculed evidence he reintroduced into his Compendium'^, with Certificates from the principal of St Omer's and the municipality of Liege. He brought forward as a proof of their innocence the firm behaviour and dying speeches of the victims, and at every point where popular credulity w^as strained by the evidence, he applied a bitter criticism to their exposure. Prance offered the best attack as the weakest link in the chain. He had been brought in at the moment when for want of more evidence, the Plot was in danger of breaking down. The story of Godfrey's murder was a main pillar of the Plot. There are many touches in Castlemaine's Com'pendmm, which recall L'Estrange's History, and since the author refers to the anticipation of his publication by L'Estrange, it may be taken that he earnestly studied Roger's work before committing his own to the Press. But as has been observed the extent and timidity of the ex -Surveyor's ' slanting and hinting ' may be judged by Castlemaine's preface, in which he confounds L'Estrange with the other writers of narratives I As to Roger's History, with the exception of the prefatory epistle, which certainly is brave, it is difficult to see any- thing in it beyond a few innuendoes and additions which could raise the ire of either Gates or Care. But it is clear that he was marked out with Castlemaine for the vengeance of the Party. He was not, however, the man to be frightened off the course by the Doctor's coffee-house threats or Care's increasingly scurrilous note in the Courant. His Freehorn Suhject, which finds a place in the same Term Catalogue as his History of the Plot, i.e., Michaelmas, 1679, is a very spirited defence of his conduct, with the warfare carried into the enemy's country in the case cited of the old libel Omnia 1 The Compendium, or a Short Review of the Late THals in relation to the present Plot (anon), 1679. Castlemaine may also have been the author of that Vindication of the Gatlwlics noted by Dangerfield and ascribed by him to . . . Dormer (Narrative, p, 17) referred to by Anthony Wood as soon suppressed. See Harris' Domestiek Intelligence for 24tli September 1679. An order for seizing the Compendium, its author, and printer. " See Anthony Wood's copy of L'Estrange's History/, in the Bodleian (in MSS. 'collected and written by R. L'Estrange, ^. 6d.'). By authority. Written on flyleaf : ' He that was the author of this book was the author of another entitled The Freehorn Subject, London, 1679, 4to. Printed in September, This came out soon after Sir George Wakeman's Trial '. THE POPISH PLOT—FLIGHT OF L'ESTRANGE 249 Comesta a Belo'^, long the favourite of the fanatics, and a speech delivered by Lord Lucas in the late Parliament, in which the noble lord ventured not only to denounce the Duke, but to hint at the King's lukewarmness towards the Plot. ' Supererogation ' is the term L'Estrange would rather apply to Charles' conduct. A glance at the Term Catalogues of this year (1679) and the next will illustrate almost better than anything else the agitations of party at this moment. L'Estrange's license to the Catalogue was not needed after Trinity term, 1679, and accordingly Clavell, always eager to increase his profits, threw wide his lists to every kind of writing. There is, for example, in the Michaelmas and succeeding issue one huge class of the Privileges and Practice of Parliaments type, dialogues between barristers and jurymen to assert the right of petitioning. Here are Petyt's Collection of records to prove that ' the Commons of England were ever an essential part of Parliament ', and numberless attacks on the Bishops' right of judging in capital cases. There are not lacking eloquent appeals on the royal side of the argument, whilst Strafford's case serves anew for political ammunition. Side by side with half a dozen Plot Histories and narratives we find in Clavell's Catalogue a very determined growth of clamant Dissent, the party which alone stood to win by the pursuit of the Plot. Here are "Nonconformist Pleas, the works of Baxter and Calamy, and even Quaker's Pleas, enough to drown the old persecuting voices. Burnet, as we saw, takes the vote of the Commons on 10th January 1681, for a toleration to Dissent, as the climax of Non- conformist hopes, and certainly the vote was trumpeted forth by every little writer of their party. But it was also the signal for a general alarm, and disgust of the party which was pushing its claims so insolently at a time^ of 1 First published after the fire, probably in 1667 and now (1679) reprinted. Roger makes some excusable play on the printer's error * a Bella ', the * Bellum ' being the war waged by the Faction against their King. See Wood, Life and Times, ii., 458, 'only Roger L'Estrange answered it in the Englishman's Birthright '. 2 See the Dialogue between the Pope and a Fanatick, and a Sober Discourse of the Honest Cavalier xoith the Fo2nsh Cmcranter, both printed for Harry Brome, 1680, and admirable as a summary of the general affronts offered by the mob to the local gentry and clergy at elections, and for cases of Church desecration, etc. In the latter, pages 8 and 9, there is cited the case of a Church at Rotherham in East Anglia, where the 'Living indeed is an appropriation and managed by Fanaticks, these religious banditti '. It is not so well-known that the High-fliers and Tantivies of that age repudiated the name Protestant. L'Estrange, their guide, discovers this indiscreet dislike in a dozen places, and the Cavalier in this 250 SIR ROGER L'ESTRANGE danger. Whether this be so or not, it is certain that even before the meeting of the Oxford Parliament, the battle was half won for the Crown, and L'Estrange, ' the manager of all those angry writings ', and then an exile, was entering into his inheritance, and the perishable gratitude of the Church. To return to the Oates-L'Estrange duel of the winter 1679-80, we find that the latter followed up The History of the Plot by a Further Discovery of the Plot, with a letter to Br Titus Oates, and Discovery upon Discovery, the former in January 1680, at the same time that he was busy with a translation of Cicero's Offices, and the latter the work probably of March 1680 i. These works carried the quarrel with Oates to the breaking-point. In all companies, in the taverns he frequented, and even when they had met casually, Oates' ' Rogue and Papist ' was forthcoming, and ' we shall have a Parliament ' added in his frown. The peculiar annoyance of these works to Titus was that the author fastened on that passage in his Narrative, where the Doctor charged the Papists with being at the bottom of all the late troubles disguised as Fanaticks. Accepting this statement (' as who dares deny what the Doctor avers ? ') with obtuse logic, L'Estrange in his letter to Oates, urged the rooting-out of all priests and Jesuits ' by such ways and means as would naturally arise from the reasons and his depositions ', i.e., by the means of the shortest way with the Dissenters. In his Discovery upon Discovery, Roger pursued this slight advantage, and had he kept to this cue, 'grounded upon Oates' evidence ', it might yet have been well with him, but he now, though not for the first time, took upon himself to commend the Catholics in rather warm terms, reminding j himself and his readers of certain passages in his own life, where both in England and in exile he had experienced \ Catholic hospitality ^. This generous, but dangerous, warmth I he repeated several times, neglectful of the danger of such \warmth in one who scrupled the word ' Protestant '. ' I do at this instant avow to the world, that I never met pamphlet ' ingenuously gives his reasons why he has a singular disgust against the word Protestant'. As to the contempt of the clergy — 'After the last election (1679) they did openly boast in streets and coffee-houses that they had now a Parliament that would make the clergy leave off their surplices, and they hope now to see the day when their gowns should be pulled over their ears '. 1 See Appendix i. 2 He refers (p. 30) to his eight-months' stay in the house of Cardinal van Hesse in 1651, ' where I was as kindly received as if I had been at my own father's '. THE POPISH PLOT— FLIGHT OF L'ESTRANGE 251 with any people since I was born of more candour, generosity, or in a word, of better morals, than among the members of the Church of Kome ' ^ He could scarcely complain when he found that people who ' by the ties of nature, honour, and good manners, ought to be tender of what they say', and some ' whom he could scarce see without an embrace, stabbed him with this poisoned dagger ' — the scandal of Popery. But the ' Salamanca Doctor's ' fury was more to be feared both in the case of Castlemaine and of L'Estrange. Although the former's name was not included in that list of such noblemen and gentry as are in this Conspiracy, whose names occur at present the last significant phrase in this proscription gave sufficient latitude for the trial of Castlemaine in May 1680. This trial is chiefly interesting for the evidence it affiDrds of the further turn of the tide, and the effect on Oates' mind of those stinging and sceptic narratives which we have noticed. ' My Lord ', said Castlemaine, ' I have for a long time wished for this day, and your Lordship may very well remember it. The reason why I have so much desired a trial is because I thought it means, and the best means, and the only means to show to the world my innocency '. By this time, Mrs Cellier, the Popish midwife, agent for Lady Powis, had appeared on the scene, ushered in by Dangerfield's treachery, and the discovery of what goes by the name of the Meal-tub Plot. Into this matter we need not enter more fully here than to say that Mrs Cellier's business was to be used for the ruin of both Castlemaine and L'Estrange. The former was now acquitted, but vengeance was being prepared for L'Estrange — -a vengeance delayed both in the hope of a Parliament which could not now be long withheld, and because Koger was too * plot-learned ' to pro- vide such matter as even a Protestant jury would listen to ^. Pictures we have in the interval of the amenities practised between Oates and L'Estrange. They are almost all of the tavern school, the doctor's spacious ' by the toe of Pharaoh ' oaths, actual encounters with L'Estrange, a crowd of supporters on either side and the name of Traitor flying between them. But one more particular gem will perhaps bear quotation here. 1 Apology for the Protestants^ 1681 {To the Reaxkr). 2 Examen, p. 271 : 'But the old knight wasTso plot-learned that nothing would fasten upon him '. Lives of the Norths, i. , 201 : ' As for open opposition by pamphlets (to the "Plot") there was enough published by some Catholics . . . but the attempts were cried out upon as so many instances of shameless impudence, pretending to prove false what the community were resolved should be true '. 252 SIR ROGER L'ESTRANGE In Zehiel and Uphraim, written in October 1680 when matters had come to a crisis, and a Committee of the Privy Council was actually sitting on Roger's writings, he complains that Oates threatened him with a Parliament, ' but that is a course of speech he has got. If the prisoners but ask a newcomer for his garnish or foy, the Master of the Prison shall be told of a Parliament. A Bishop shall not suspend a Minister for refusing to officiate according to the canon, but he is presently threatened with a Parliament, if the University shall not think fit to allow Mr Oates his degree, the lawn sleeves are to be ruffled next Parliament. I was walking awhile since only across the outer Court at Whitehall, innocently upon my business, and because I did not cap him over the square, as the boys do Fellows in Cambridge, Squire L'Estrange (says he) We shall have a Parliament, twisting his hat about betwixt his finger and his thumb with a look and action not to be expressed'. Next to the Meal-tub Plot, perhaps the most dangerous attack on the Popish Plot, was the confession in this year of Simpson Tonge, son of Dr Tonge, the scribe and manager of Oates. Early in the year this young man stated before the King in Council that the whole plot was an imposture, that he was employed with others in helping it out, and that his father and Oates concocted the letters known as the Windsor Pacquet. His testimony was a windfall to the Court, and might have enabled that party to face a parliament with equanimity. Whoever built on Simpson Tonge, however, was building on sand. The effect of his unnatural exposure was that his relatives cut him off; and from one of his subsequent confessions, we learn that the Faction, through his uncle and Stephen Colledge, the Protestant joiner, made use of the Court's imprudent neglect to supply his wants, leading him on to a course of alternate retraction and affirmation, which must be without a parallel even in the Plot mystery. He was well described as a Fireship, who would ruin whoever had anything to do with him. Roger L'Estrange, for his sins, was one of the earliest public men hauled into his net^. So early as July (says one informant) Tonge had 1 See the full quotation from JfJxamen, p. 271. Also L'Estrange's own account in The Sfmrnmer Shammed, 1682; II.M.C, app. ii. to 11th Kept., pp. 246-9 ; and Tonge's narrative dated 10th December 1680 (though ' held up in lavender ' for the Oxford Parliament). THE POPISH PLOT—FLIGHT OF L'ESTRANGE 253 L'Estrange in his thoughts as a person likely to give good evidence against his father in connection with the seditious passages in old Tonge's Boyal Martyr, which Roger had, with much deprecation, refused to license. In the middle of August, it was publicly given out that the unnatural son was wavering in his charges. He was then at Windsor, and in extreme poverty. His uncle, Capt. Tonge, now approached him, and for a time relieved his necessities. In September, however, still hankering after superior honours, the young man seems to have expressed a wish to see L'Estrange. If we can trust the latter — we certainly cannot trust Tonge — it was Newcombe, the printer of the Gazet (now also advanced to the post of King's Printer), who took the ex- Surveyor to a certain French physician, Mons. Choquex, who had then charge of young Tonge for a cure, ostensibly to learn from the doctor certain memorials of Prince Rupert's actions in the war in Flanders. "Without doubt the meeting w^as arranged, and Choquex's information was a blind. As to Tonge's confidences to L'Estrange at this meeting, they amounted to little more than 'a nonsensical story of the privacies that had passed betwixt Oates and his father, certain papers concerning the Plot that were written in Greek characters, and hid behind the wainscot; and a foolery of one Green, a weaver, that meeting his father in the Court of Requests, told him for news (and without any knowledge of his, too) that ere long there would be a Popish massacre, whereupon (says young Tonge) my father made an acquaintance with him, and out comes the Plot'. Besides Choquex, Tonge had about him a certain Capt. Ely, a kind of go-between and stage-manager for this tragic farce, though in the event, so far as L'Estrange was concerned, an honest enough man. Whether the whole thing, as Roger surmised after, was a device of his enemies rendered desperate by the failure to bring Castlemaine to book, and that just before the meeting of Parliament in October, it is certain that the whole town was in September full of the rumour that L'Estrange was at last a dead man — he had attempted, like Reading, to tamper with the King's evidence. Oates' formal complaint to the Council against Ely and Choquex — who fled — brought in Roger L'Estrange 254 SIR ROGER L'ESTRANGE as a third man. It was in vain that (4th October) he hurriedly pressed from Ely and Choquex affidavits to the effect that he was only recently known to Ely and introduced to Choquex by Newcombe for literary purposes, that he had rather avoided Tonge's confidence, and warned the others against having anything to do with him. The matter, planned for the meeting of Parliament, had now gone before the Council, and L'Estrange was in the toils. The temper of that Parliament may be best judged by a perusal of its severities to all grades of Catholics, its proscriptions, and by the lamentable death of Strafford, but also on the other hand by its fatal leniency to the Dissenters. All historians are agreed that the Lower House far over- stepped the boundaries of its authority, and scarcely even in 1640 was this overweening temper more manifest. The Council, though purged to some extent of the popular element introduced in April 1679, was forced to bend to the storm, and to seem to encourage those attacks on individuals which Oates, now happy in his Parliament, preferred. Scroggs and L'Estrange were two of the chief malefactors. The Council of the 6th October afforded parties an opportunity of confronting each other. Dr Oates and the Tonges, father and son, were there as accusers ^. Mme. Cellier, fresh from the pillory, and L'Estrange, in humiliating association with her, were there. Justice Orlando Bridgeman, once the friend of L'Estrange, was present apparently as Oates' counsel. Young Tonge's charge of subornation against L'Estrange, penned in Newgate, was handed in. 'Very high words passed between Dr Oates and Mr L'Estrange, the latter telling the Council that Dr Oates' took the liberty to call him a thousand times Rogue and Rascal, which the Doctor owned, saying he would prove him to be both, and desired he might be secured '. The Whig newspapers of the 7th October make gleeful and circumstantial report of the matter, not forgetting to brace up Roger and Madam together, but omitting Oates' threat of a Parliament. ' The paper of young Tonge's Sham-Plot ', says Hancock's 1 Luttrell, BwA'y, i., 57, October 1680. ''Mr L'Estrange was before the Council, being accused by young Tonga, but he going backward and forward in his accusation, and His Majesty's speaking well of Mr L'Estrange, he was acquitted '. See also Co/oalicr and Puritan in the Days of the Stuarts by Lady Newdigate-Newdegate (1901), p. 111. THE POPISH PLOT— FLIGHT OF L'ESTRANGE 255 paper (an old enemy at the Libels Committee), ' being seized, Mr L'Estrange and Mrs Cellier were summoned, but they denied they knew anything of it, but Mrs Cellier would not stand to it, by reason of the many bruises she received in the Pillory ^ ; but next Wednesday Mr Tonge will be brought to confront them '. Oates' charge at most amounted to a dereliction of his duty as a magistrate in not informing the Council of young Tonge's dealings with him, and in refusing to take any depositions without a previous disclaimer of his part in the affair. But Eoger's recent writings made better matter for a prosecution, and that reinforced by direct * evidence ' of his being a Papist, proved too strong for him. The Council so far encouraged Oates as to direct him to bring in a bill of charges against L'Estrange, who should then be secured, and meanwhile appointed a committee to examine his writings^. Of these writings we have referred to the more prominent in their places, with the exception of the most offensive of all. The famous Appeal from the Country to the City of the previous autumn had gone far beyond the limits of the ordinary libel, and being written with singular force — it was believed by L'Estrange to be the last work of Andrew Marvell^ — gained a reputation. Whilst dissecting the enormities of the Court and Church, it paid flattering compliments to the City, at the same time reminding it that the country would get tired of sending the right men to Parliament, if nothing were done. In particular, it 1 For her libel, Malice Defeated in which she vilified the 'King's evidence' and repeated her stories of the torture used to elicit * evidence ' from Prance and others. Just how Koger became associated with Madam's business is not quite clear. He was not mentioned in her trial in August, and strenuously denied any connection with her — which is probably the truth. Sec her trial for libel, September 1680, printed by Thos. Collins {State Trials^ vii., 1183), which affords some curious information on the methods of dispersal and the prices of Libels, p. 1203. * Baron Weston.— l^he King hath set out a proclamation that no lools shall he 2)rinted without a license. * M. Gellier. — I never heard it. I was under close confinement when the King set it out. ' Weston. — No, I deny that, for you were enlarged the first day of Trinity Term, and the Proclamation came out towards the end '. The Proc. of 12th May 1680 does not however enforce the general license. ^ L'Estrange's case was something more than an examination by the Council. It seems to have been one of the later examples of Trial by Council. •■' Charles Blount ( Philopatris) was the author. Roger, as we saw, announced MarvclTs death to Compton. 20th August 1678 (chap, viii., 216) Scott (Drj/den, ix., 364-5) took it to be Ferguson's who 'tempted Jerusalem to sin'. 256 SIR ROGER L'ESTRANGE threatened the Court with destruction if by continued prorogations it defeated the purpose of Parliaments. It gave wide impetus to the Petitioning agitation — always the most violent irritant to the Court ^. To answer the famous piece, L'Estrange had written in two parts his equally notorious Gitt and Bumpkin, for which he was now chiefly charged. In this work he displayed all the hatred of the rich Whig community to which sufficient reference has already been made. Over and above the abuse of the ' Rich Churles ', the caricature of the city and country Whig mouse, the exposure of the methods used to get signatures to the Petitions for a Parliament, gave special offence because of their truth 2. It was about this time, too, that Roger had scandalised the sects with his rude cartoon. The Committee, or Popery in Masquerade^ wherein he ' displays all the rabble of sects as Adamites, Ranters, and what not as counsellors upon a consult jointly petitioning, and John Presbyter Chairman. Then he brings the Petitioners, which are only Swash and the Elder's maid, the Colchester Quaker, and the Mare, petitioning against the Bishop, Service Book, Popish Lords and evil counsellors'^ — a rather beastly production. 1 See the King's speeches at the opening of Parliament for 1662 and 1666. The Appeal is included in State Tracts temp. Charles II., vol. i. From the top of the Monument the citizens are to imagine 'the whole Town in flames, and amongst the distracted crowd, troops of Papists ravishing their wives and daughters '. See Sitwell, First Whig, p. 47 ; and Hart, Index, p. 206. 2 The charges of * running the Plot into a sham ' and ' endeavouring to bring the King into jealousy of his good City ' of London, was made the most off. See one of the most piquant replies to Citt and Bumpkin — The Dialogue between Tom, the Cheshire Piper; and Capt. Crackhrains (1680), where the author declares that ' if (the offence) was in France, as fond as he is of that Government, they would anger him, for he would without doubt be put to the question, that a discovery might be made of such grand designs in agitation (as Roger's Presbyterian-City-Plot), and if it proved all a staff of his own, as I dare swear this is, then I believe he would be broke on the wheel for endeavouring to bring the King into a jealousy of hia good City of Paris '. As to L'Estrange's hint, 'Heads will find hands {i.e., for Petitions) if there should be occasions', this writer asks, 'Can anything be more vile than to do as Bumpkin charged himself withal, namely to fill up sheets with Smiths and Walkers, etc., to amuse the Nation with numbers — ay, and for women to under-write for their husbands in the West Indies ' ? See also A Short A nswer to a ivhole Litter of Libellers, p. 6. 'Upon several Rolls, there were 30 names sometimes together all in the same hand '. 3 Epistle Dedicatory to Tom Cheshire : ' on the right hand aloft, he sets a cabal of rascals as it were in a consult, opposite in the left hand he sets little Alderman Isaac Pennington and the Pope, under them the capital letters of Solemn league and Covenant, under that according to hie usual scurrilous way a piece of Holy Writ, Jeremiah, chap. Ixx., v. 5, which he scoffingly would seem to apply to that wicked combination or Covenant ', a bitter fool indeed ! There are several copies of this celebrated cartoon still preserved. See Bodleian {Gough I TlK/Jw 0«VI»*r,biKrt.i»rPr.rt, A POLITICAL CARTOON BY L'ESTRANGE, 1679. [Fare /) 256. THE POPISH PLOT^FLIGHT OF L^ESTRANGE 257 On the 13th October the adjourned examination before the Council was held, when L'Estrange's innocence in the matter of young Tonge was unanimously upheld, and the King ap- peared particularly emphatic. 'The charge of the Sham-Plot falling to the ground (without one word of Mrs Cellier as to any concern of mine) Mr Oates was pleased to present me as a person Fopishly-affeded ' ^. Here enters Prance with an oath and witnesses to swear that Koger was a familiar figure at Mass in Somerset House. Hence Prance's subsequent woes. 'After this Mr Oates exhibited an Information against me for conveying away Bulls and Popish books that had been seized and locked up ; whereupon the Messenger of the Press (Stephens) discharged himself upon oath that the name of L'Estrange was not so much as mentioned in that business. 'The next blow at me will be (as I am informed) for saying at Will's Coffeehouse that there is no Plot' — of which he adjures Heaven to witness his denial. ' In the last place I am to be questioned for my books * (14th October 1680)1 If there had been only the Council to encounter — though a Council driven by the storm outside, and the necessity of tacking a point — L'Estrange might have weathered through. But there was the dark menace of a Parliament ^, which was shortly to set on Scroggs and Weston, and in which noble lords had already declared their souls on the subject of L'Estrange*. Maps 46, f. 204). Brit. Mus. Cat. of Prints and DrawiTigs, vol. i., Satires, p. 623, No. 1080. The poetical Explanation which accompanies the picture (Printed by Mary Clark for H. Brome) is as bitter — ' Well, but what means this excremental swarm Of human insects ? How they fret and storm ! * See a Short Answer to a Whole Litter of Libellers, p. 3, for a defence of this production. In the Brit. Mus. copy there is an MS. note — *a touch on Mr Hem-y Care ' at the couplet, ' He deals in sonnets, articles, takes notes, Frames histories, Impeachments, enters Votes '. 1 The fourth chaise in Danby's Impeachment, "Tis true he was acquitted* says Prance of L'Estrange, 'from being in the Plot at the Council Board, and so he was from being a Papist *, L'Estrange a Papist (1681), p. 29. 2 U Estrange' s Case in a Civil Dialogue between Zekiel and Ephraivi, October 1680. 3 'Nothing can bind this Proteus, but a Parliament'. Hiie and Cry after Roger L'Estrange, November 1680. '^ See A Noble Lord's (Lucas) Speech in the Ifouse of Lords, November 1680, Oldmixon, i., 612. ' Such a one (A Protestant in Masquerade) is Roger L'Estrange who now disappears, being one of the greatest villains upon earth — the bugbear of the Protestant religion — who has traduced the King's evidence by his notorious writings— a dangerous rank Papist, and deserves of all men to be hanged '. R 258 SIR ROGER L'ESTRANGE All he had stood for in the last twenty years, his rigorous yet partial conduct of the Press, his scoffs and gibes at the 'true' Protestants, his preaching up of the Prerogative, defaming the City, etc., were now remembered. On the 30th October, Shaftesbury reported that the Plot Committee having received information of his apostasy and 'other misdemeanours', and having thrice summoned him in vain, their Lordships recommended that 'he should be put out of the Commission of Peace, and not permitted to license the Printing of any more books, nor be employed in any more public affairs '^ The men who gave the final word against L'Estrange were appropriately Stationers 2. Richard Fletcher certified that * about three years ago he met E. L. Esq., at the Half- Moon Tavern in Cheapside about licensing a book entitled The Works of Geber, an Arabian Prince and Philosopher, and gave Mr L. a guinea for his license '. After which, over a bottle of wine, Roger disclosed to Fletcher that he was a Catholic. Thereupon the House ordered ' that the Sergeant- at-Arms . . . forthwith attach the body of the said Roger L'Estrange and bring him in safe custody to the House'. But — as the hue and cry raised in every little Whig journal informed the good citizens whom he had defamed — Roger L'Estrange was already skulking in some obscure lodging in the 'grey metropolis of the North '^. On Queen Elizabeth's Day (17th November) there was 1 Lords' Journals, 30th October 1680, xiii., 6, 30. Despite the expiry of the Act, in 1679, cautious booksellers still protected themselves by giving an occasional guinea for Roger's Imprimatur. The expiry of the Act was, we saw, deliberate on the part of the Whigs, 'notwithstanding His Majesty recommended it seriously to the Parliament by the Lord Chancellor, at the opening of it'. See Bohun's Address to the Freeholders (1683), pt. ii., 12. 2 Informations taken by Clarendon and Craven, those of Prance and Mowbray on the 25th October, of Bennet and Fletcher on the 30th. On the 27th, Mrs Curtis charged him with ' refusing to license several books, wherein there was anything against the Papists ', more especially two books ' which upon the first sight were licensed by the Bishop of London', L'Estrange a Papist, February 1682. The two books were The Character of (i TurhulaMt Pragmatical Jesuit — licensed by the Bishop's Chaplain, 15th October 1678, and A Letter from a Catholic Gentleman to his Popish Friends. See the Portraiture of Roger L'Estrange (1681), pp. 3-4; Lcn^ds' Journals, xiii., 629-30; and II.M.C, 11th Kept., app. ii., 167. 3 II.M.C, 11th Rept., app. ii., p. 167, 6th November. Sergeant-at-Arms reports that he cannot find Castlemaine (denounced on 28th October) or L'Estrange. Fountainhall, Historical Observes, ed. 1840, p, 32. ' It is observable almost none of the English nobility (even of the King's party) and few of their gentry came to visit the Duke of York during his abode in Scotland for fear of offending the other faction, only it was reported Roger L'Estrange, the Licenser of the Press, was here with the Duke incognito ', THE POPISH PLOT— FI^IGHT OF L'ESTRANGE 259 the usual monster procession and Pope - burning. This occasion celebrated as great a triumph to the distempered Protestant mind as the destruction of the Armada. Parlia- ment was sitting and its enemies under its foot. Koger L'Estrange, with his inseparable consort Mrs Cellier, was borne along to Smithfield amid the hoots and jeers of the rabble ^ 1 See (Brit. Mus. Cat. of Prints and Drawings^ Division I. Political Satires^ 1083, p. 629) besides various broadsides of the Procession, the cartoon Strange's Case Strangely Altered — long a favourite with L'Estrange's foes — or 'The Hue and Cry After a Strange Old Yorkshire Tike . . . ran away from his master about the 26th inst. (October) seen on Sat. last behind a coach, between Sam's Coffee-house and Mrs Collier's '. The ' Yorkshire Tike ' carries a broom (Book- seller, Harry Brome) under his tail. The explanatory verses follow : — * Was ever gallows better set When Hangman, Rope, and Roger met ? Thus having 'scaped the fatal tree In devilish haste away flies he For Scotland, France, or Rome, No matter which, for all he strives And needs must go when Devil drives Together with his Brome '. Settle was stage-manager of this procession, Nichol, Lit. Anec, i., 43, and Heraclitus Ridens, 30. Dunciad^ bk. iii. : — * Though long my party built on me their hopes For writing pamphlets and for roasting Popes '. L'Estrange [Hist, of Tirms (1687), p. 23), 'I never liked the Hobby-horse Processions of Godfrey's Funeral and the burnings of the Pope '. CHAPTER IX THE OBSERVATOR AND THE WHIG JOURNALS The last word we had of L'Estrange was his despairing vindication of 14th October, with the statement that he was shortly to be called before the Council for final examination, when the Committee entrusted with the reading of his writings would no doubt report. For that examination, as we know, he did not appear, but — so says L' Estrange' s Sayings — sent his wife ^ to excuse him on the plea of bailiffs. In other words, apart from public troubles, the expiry of the Press Act had left him in very low water financially, and though Harry Brome had done his best for him in payment for his numerous works, his failure to get the Mastership of Faculties vacant through Birkenhead's death in 1679, had brought ruin near him. His enemies, now practically the whole nation, spoke of 'lantreloe'^ and Lady Vaultinglasse ^ (Boltinglasse) as the cause of his ruin. The course of his exile it is difficult to trace with any certainty. His immediate steps after ignominious lurking in London*, seem to have turned towards Edinburgh^, 1 H.M,C., IWiRept., App. ii., p. 167. 2 ' This is to play all night at lantreloe with rooking ladies '. Mr L' Estrange' s Sayings. A Short Answer, etc., p. 2: 'The Gentleman had as many remedies against hanging himself for love as . . . Madam Bear, her damosels, could afford '. 3 Seemingly the infamous lady that Gates consoled himself with in Newgate, 1684. Ailesbury, Memoirs, i., 144. ■* See A Letter Intercepted, etc., for his {and his wive's) never-failing Friend, 10th February 1680. At the Grange's Court, for some dubious details. — 'The old coachloft Roger, where you and Thompson lay — your white hat, laced band, and sword with your just-asse-ship's gold button coat, and the under petticoat you had of Mm. Vaultinglasse wrapt up in Thompson's canonical gown. They carried them into the Strand and have hung you up Roger (in effigy) on the May- Pole '. This Thompson is not * Popish ' Nat, but the high-flying parson of Bristol, whom the Commons were then persecuting. See State Trials, viii., i. Care was suspected of this letter ' which they say is the counterpart of Fitzharris' liber. Heraditus, 17, Colledge was more probably the author, sec chap, x., 290. 6 Chap, viii., 259. 260 THE OBSERVATOR AND WHIG JOURNALS 261 where no doubt Brome forwarded the evidence of the rage and triumph of his enemies in the form of cartoons and scurrilous satire, and those other symptoms of frenzy, Frank Smith's Votes of the Commons. The late editor of the Boxhurghe Ballads had a kindly leaning to L'Estrange, and the evidence before him in a hundred ballads and cartoons of the state of public opinion on Roger L'Estrange in these months, provoked several diatribes of an almost Giffordian vehemence, though it is to be doubted if Mr Ebsworth was aware of all the particulars of his case^. For example, as was hinted at the close of last chapter, in the Pope-burning of 17th November 'with all its toyish jollity', Roger shared with Mrs Cellier the honour of the first Pageant. He is described in Nat Render's issue as 'one in black, standing bare-headed, playing on a fiddle'^. This pageant was devoted to the Protestants-in-masquerade, the Plot-sceptics, and Presbyterian-Plot men. The seventh pageant was graced with the Pope's effigy. 'In this fatal Pomp, the Procession sets out from Whitechapel-Bars, and on through Bishopsgate, through Cornhill, Cheapside, and Ludgate, till it comes to Temple-Bar, where it receives its sentence to be burned before Queen Besse's Throne; and in remembrance of her happy days, and for the victories God gives us in our days against the Pope and his emissaries, the solemnity closed with fuzees and artificial Fires ' ^. By the actual indignity of the Procession, by largely circulated accounts issuing from the presses of Ponder, Curtis, and Smith, and by wonderful cuts, the delight of that and our age, the victim was thrice held up to reproba- tion. Such was the cheerful reading in Roger's London Budget. In default of a single scrap of intelligence from 1 Roxhurghe Ballads, iv., 220-2, 2 Brit. Mus. Cat. of Pnnts and Drawings, i., 632 (No. 1084). •^ See also the cartoon Rome's Hunting Match, 1680. (No. 1094, pp. 659-60, in Brit. Mus. Gat. of Prints and Drawings, Division 1, Satires.) 'Among the dogs are Treachery, self-interest, adultery, and ambition, the last wearing a cap and "strange ", i.e., R.L.S. '. No. 1095 represents him (Roger) 'to be the Provincial of the Jesuits here in London when they burned it ; he and another cur called Giflford managed that fire, hiring and paying those carrying it from house to house '. The Green Ribbon Club financed these Processions. See Sitwell, First Whig, pp. 78-82, 104-7. ' The heaviest and hardest shafts of club satire were aimed at L'Pjstrange' [Uyid., p. 119.) 'Last of all, if North's memory served him right, came a frame with a single person iipon it, which some said was the pamphleteer Sir Roger L'Estrange, some the Kmg of France, and some the Duke of York'(t6ic?., p. 115.) 262 SIR ROGER L'ESTRANGE L'Estrange during his Northern exile, we may cite what is perhaps as interesting, the imaginings of his enemies in London, by the familiar device of a counterfeit letter. One of these, dated 10th January 1681, is not too clumsy in its rude wit, and is an interesting reflexion of a Londoner's idea of the barbarous North. Honest Harry (it is addressed to Brome), — According to my promise, I should have wrote you long since, to have given you an account how squares go, but the grief and affright of heart I am in, and the long and tedious journey, had so tired me, that I was forced to lie in bed and think of my wicked fate and whilst I was musing I received the skeldry of that damned picture of Towzer^, which so enraged me, that it put my before-heated blood into a fever. I must confess they are now even with me for my jack-an-apes on horseback. ... I had begun a dialogue between Jocky and Blue-cap, but a friend of mine coming in made me burn my papers, for he told me that 'twould prove to be more fatal than Citt and Bumpkin or that between Kichard and Baxter ^ or any other dialogue I had ever wrote, for those plaguey Scots, if they but smelt I was writing of dialogues would knock out my brains and would never take it so patiently as the English had done. Things will not always run with so smooth a stream, we are puddling the waters all we can, and let the Citts look to themselves, we may chance to have a brush at their jackets. Those furious gentlemen at Westminster, that go on so vigorously may perchance find some repulse if the interest and power of my master^ and the Popish Party are able to do it ; we yet believe that it will not be so easy a matter for you to put the Duke beside the saddle. I had your Peer's Speech too*; 'tis a brave thing that any durst speak so plain English, but this comes of the Liberty of the Press ; when I sat at the helm, these things 1 The ' Yorkish tike '. 2 See his Dialogue hetioeen Richard and Baxter, or The Casuist Uncas'd (1680). 3 Duke of York. ^ Speech of a Nolle Peer^ printed by F. Smith, 1681. A violent diatribe against the Duke and the Queen. ' This match with a Portugal lady not like to have children '. The Duke aimed at the Crown before the Restoration. His guards are everywhere. The King is in his hands. ' Not a Bishop made without him '. Among numerous answers to the speech is one from that remarkable Printer's widow, Eleanor James. THE OBSERVATOB AND WHIG JOURNALS 263 never were. I would have given it a squeeze, you know my fingers were like pitch, whatever they laid hold of, stuck to them so fast, they could never be got from them. I tell thee that Speech was almost as bad as the Appeal ^, a dangerous libel. Had I been in London, I would have answered it, but I tell thee I have been so terrified with the inveterate hatred of these bleu-caps against the scribblers, that I am fain to make them believe I never wrote in my life. I intend when I dare to write again a new History of the Popish Presbyterian Plot \ I will license it myself and nobody shall print it but you. I am got into a cold country where in silence I often hear myself railed at most profoundly. I was asked by a Pride-mouthed rogue the other day, because I was an Englishman, whether I knew E.L.S. or as they term it the S.R., and shewing me the picture of Towzer asked me if it was not like him, and if it was drawn from the life? I would willingly have dashed out his teeth if I durst. But Hal, since I cannot write as I wont, because I must be employed, I am now learning to play upon the Scotch Bagpipes, which I will endeavour to set up instead of the organs in Churches. I am also learning to speak through the nose, and am getting by heart the Scotch Covenant, (that) I may be a proselyte at last and put on that vizard as well as that of the Protestant. I long to know if the Parliament shall sit again, for some of us have great expectations. I saw all the Votes ^ and Resolves you sent me; God Bless me, said I, from falling under the clutches of a Parliament. I think I did more wisely than Justice Scroggs when I ran away. 'Twas a madness I thought to fight 4 or 500 resolute men. I remember that black prophet Dr Gates once told me at 1 Appeal front theOountry to the City. See chap, viii., 255. Diary of Narcissus Luttrell, 15th October 1679. * About this time came out the Appeal ', etc. 2 A good hit. See chap, xi., 3 A true hit also. In Obser-vator, 30th March 1685, he says : * I have some reason myself more than ordinary to complain of it (Frank Smith's Printed Votes) ; whilst I was in Holland every post brought me in Gazettes, Towzers, Abhorrers and Printed Votes. Tell a Freeborn Englishman of a French peasant and it works like a charm upon him. We had before us both the Printed Votes and the Printed list of the Westminster House of Commons, and the nem. cons, of the one were charged upon me as the unanimous sense and opinion of the other. That is though I was morally certain that the thing was otherwise, my mouth was stopped with a Nem. Con.'. See Life of Sir L. Jenkins, 2 vols. (17^), i., xl., where the author quotes L'Estrange's strictures on these * Votes * as ' snaps of discourse maliciously patched together '. 264 SIR ROGER L'ESTRANGE Whitehall twisting his hat about, Well, Sir, we shall have a Parliament, but I did not believe him. I now acknowledge him as great a prophet as Mother Shipton, which the Scots I assure you have in reverence. If you please, you may print this letter which I write by stealth, for if my name be set to it, you know it will sell whatever stuff is in it. Pray you therefore accept this as a New Year's gift, for I have nothing else to send you. — I am, your faithful friend, E.L. High Street, Edinburgh, 10^^ January. 10th January, the date of Roger's supposed letter, was the date of the momentous votes of the Commons referred to as marking the turn of the sway-boat. Three days later the Lord Mayor and Aldermen presented their offensive Petition to the King for the sitting of Parliament^. It was at this time that the Government, either in the counsels of desperation, or encouraged by popular auguries, began to pluck up courage and to grasp firmly the stinging nettle of dissent and sedition. There is little doubt, though one more manifestation of violent whiggery on the part of the people was due in the Oxford elections, that already in January to an observant spectator the elements of reaction and of the ruin of the Whigs were present, and that despite the desperate efforts of those excellent election agents Harris, Smith, Curtis and the rest. Nothing shows more clearly how much L'Estrange had enraged the Faction than the continuance and increased virulence of the attacks referred to above. Among the ' fardel of lies ' which was pouring out from the Whig presses, and which pursued him into exile, there was one folio piece called Mr UEstrange's Sayings, whose author was clever enough to cull from Roger's works precisely those passages which were most calculated to arouse the fury of the people. The passages are chosen with sufficient brevity, and the comments are apposite and impudent enough to hit off the humour of the City. Mr VEstrange's Sayings is mainly interesting to us, however, 1 Printed by the King's Printer Roycroft, who succeeded Jas. Flesher as Printer for the City. The most offensive part of the Petition is the sentence : * Your subjects were extremely surprised at the late Prorogation '. THE OBSERVATOR AND WHIG JOURNALS 265 for having provoked our author's most telling contribution to the antisectarian literature of the age — Dissenters^ Sayings faithfidly Reported in two parts (1681)^. It may be worth noting wherein lay the peculiar effectiveness of both the provocation and the crushing retort. With the flight of L'Estrange in October 1680 before the menace of a free Parliament, a parallel at once suggested itself between 1659 and 1680. It may be remembered that from the time of Sir G. Booth's Kising particularly, until Monk's Declaration for a Free Parliament, it was the common gibe of the Loyalists and of L'Estrange more than any, that the existing Government dared not call a Free Parliament for reasons of personal safety, and before that Free Parliament met, Chapman, Nedham and others of the subsidiary agents had fled. ' The very mention of a Parlia- ment enrages them, and there is reason for it ; their heads are forfeited, and if the Law lives, they must perish ' ^, and again of the same men 'friendless abroad, and comfortless at home, as guilty and as desperate as Cain '. These words which fitted Nedham in 1660 now applied exactly to the exile in Edinburgh and the Hague. There was also the old quarrel of Citt and Bumpkin, the contempt of the Court for the mere citizen, to which Eoger had given such indiscreet expression, and as an instance of which LEstrange's Sayings cited the unfortunate remark in the Apology of 1660 already quoted ^, and the envy of the City's wealth conveyed in the sentence : ' If men will be damned, they had better damn rich, than poor'. This undying hatred of the 'riche churle' we shall find flares up again in the Tory triumph of 1683, when the Observator was first in the field with the suggestion of a boycott for Whig traders. At the present moment it was well answered by the sarcasm that * our author has tugged hard at the quill this many a far day, for a secretary's place, or some other preferment ' *. There were also remembered his frequent upbraidings 1 The French version Le Nonconformiste Anglais dans ses Ecris, etc., is dated 1683 and published by H. Brome. The Rye Plot gave it an occasion, as a year later the Monmouth Affair called forth Roger's (?) Cmispiration faite contre le Roi Jacques II. (1685). His solicitude for Continental opinion is notable. '•^ Apology, 1660. 3 Page 48. * A citizen's skull is but a thing to try the temper of a soldier's sword upon'. His master, Bea Jonson, may be responsible for some of this contempt of the courtier for the citizen. ^ Additional Reasons to prove Roger U Estrange no Papist (1681). 266 SIR ROGER L'ESTRANGE of the King in 1661, and even so recent as 1680, for neglect- ing L'Estrange and the Cavaliers. As to his disclaimers of a Popish bias, * amongst all the swarms of his stitched tomes and sixpenny volumes, he never wrote one line against Popery, though he had trans- lated Father Bona, the Jesuit, to render that party more acceptable '. The writer might have mentioned in mere candour, Roger's excellent translation of Erasmus' Colloquies (1679), a work surely calculated against Popery^. This brief but waspish folio of Langley Curtis seems to have been written just before the sitting of the Oxford Parliament (25th March), but was probably not printed until the beginning of April 2. It seems to assume that L'Estrange was still on the Continent, but we have sufficient evidence of his return from the Hague in February, and probably very shortly after the printed letter to Ken, 1st February 1681 ^. Dissenters' Sayings was certainly selling the week after the extraordinary dispersal of the members from Oxford, and is as intelligent an anticipation of the Court's new line of action as can be imagined. Putting aside Hudibras and a few such fine things, this work in its year dealt a severer blow at the Dissenters than any other book, and was no doubt partly responsible for the recrudescence of persecution at the close of this year. We have abundance of evidence to show that it became for a time the vade-mecum of the clergy, and as Rutherford's Lex Bex, Calvin, and Beza, were supposed to find a place in every little dissenting library, so L'Estrange's work was sure to be found in more orthodox studies. 1 And claimed as such in that very Tried of the Pope, 17th November 1680, already alluded to as the first Procession in which L'Estrange figured. See Curtis' broadside on the occasion, p. 2. ' Silly fancies deserve not a serious refutation, and Erasmus' satirical drollery was found to be as effectual to bring down the Romish pageantry, as Luther's gravity of argument '. Care was the ' Little Luther '. 2 If the date 1681 is any guide. Dates were so falsified that little reliance can be given to them. L'Estrange himself confessed to post-dating. 3 A respectful notice to Dr Ken, then at the Hague, that he intended to take the sacrament from the Doctor's hands with fearful oaths that he had not been at Mass, as Prance and the rest affirmed. Harris' Intelligence for 25th January talks of ' Towzer again came out of his kennel ', and again on 11th February, gives a humorous picture of a porter that ' went along with a sheet of paper in his hands being a picture called L'Estrange's Case Strangely A Itered, and as often as the hawkers cried "Here's the answer to Peer's Petition" (supposed to be Roger's reply to Essex) the Porter still subjoined, " Here's the old dog Towzer come out of his kennel with a brome at 's tail " '. Toiozer's Advice to the Scribblers seems to fix the date of Roger's return to 20th February 1681. THE OBSERVATOR AND WHIG JOURNALS 267 It was quoted with trust and admiration, and was largely its author's title to be the guide of the Inferior Clergy y and with the Ohservators now also due, his claim on what France called the ' almsbasket ' of the Church. Long after his bitter life was over, we find eminent Churchmen referring to him as ' an injured memory ', and no doubt Dissenters' Say- ings contributed to arouse this championship. Apt quotation from dissenting fathers and trenchant comment is the idea of this work, which was reinforced by the republication of his earlier Eestoration exposures of Presbytery, and very shortly by the appearance of the first number of the Ohservator. Flatman's Heraclitus Ridens, started in February, was beating the same anvil though in lighter fashion, while Burnet tells us that every pulpit was turned to railery of the Dissenters to the total neglect of the Papists ^. We are thus in the forefront of that struggle for which the King's Declaration in April gave the signal, and which after several brief, fierce contests was to end in driving the Whigs into secret revolt, and then to their utter destruc- tion. It is this fact which gives Dissenters' Sayings any importance it may possess in the forward movement. Taken in conjunction with the Ohservators and those numerous tracts timed for the occasion of each of the struggles now imminent, when L'Estrange appears as an almost official Government apologist, it constituted his claim to be regarded as ' a great man at Whitehall '. His figure in the Government indeed became consider- able, and is increasingly so after the Eye discovery, when to his numerous writings he added the special activities of a Middlesex Justice of the Peace, urging his brethren to ferret out and suppress all forms of dissent and sedi- tion, and gathering round him such magistrates as Sir Roger Harwich, Sir Clement Armiger, and ' my brother Guise '. The forces to be met and destroyed were the disbanded elements of the opposition set loose by the Oxford coup, and driven into a secrecy which was easily construed as conspiracy. There was above all an account to settle 1 Oivn Times (1823), ii., 209-11. See the preface to the reprint of Heraclitus (1713). 'Deadliest poisons (the Weekly Pacquct, etc.) produce the sweetest and most healings honeys. . . . The descendants of some of the persons herein mentioned have made large amends for their predecessors' turbulent and factious behaviour '. 268 SIR ROGER L'ESTRANGE with the City, the home of Ignoramus. Its sheriffs who nominated the juries must be so chosen that such verdicts as that returned in College's first trial, or the recalcitrancy shown by the jury in Ben Harris' case the year before ^ would be impossible. The passage in which Burnet refers to L'Estrange as the * Manager of all those angry writings ' is placed before the trial of Sir G. Wakemen, but obviously refers to the outburst after the Oxford Parliament, and particularly to Dissenters' Sayings and the Observators. Burnet had no reason to remember the writer of Considerations on the Speech of Lord Bussell very kindly 2, but his description of him at this period is not too unfair, and recalls certain features of Clarendon's earlier portraiture. ' A man who had lived in all the late Times, and was furnished with an inexhaustible copiousness in writing, so that for 4 years he published 3 or 4 sheets a week under the title of The Ohservator, all tending to defame the Country Party and to make the Clergy apprehend that their ruin was designed. This had all the success he could have wished as it drew considerable sums that were raised to acknowledge the services he did. Upon this, the greater part of the Clergy, who were already much prejudiced against that party, being now both sharpened and furnished by these papers, delivered themselves up to so much heat and indiscretion, which was vented both in their pulpits and common conversation, and most particularly at the election of Parliament-men, and this drew much hatred and censure upon them ' ^. It is thus possible to use the two parts of Dissenters 1 They at first returned a harmless verdict of mere selling the book (the famous Appeal) ' at which there was a great and clamorous shout '. After some brow-beating, they returned the desired verdict. See his case, State Trials, vii., 926. Also his Twenty-four Soher Queries (1680), and Trium,ph of Justice quoted at p. 271 of this chapter. Sir G. Sitwell [First Whig, Introduction) attempts, not unsuccess- fully to make out a case for the Court on account of Jury-packing and Ignoramus. 2 See chap. xi. 3 Own Times, ed. 1823, ii., 211. Coke {Dededion (1719), p. 247) has a similar passage referring to the same period. ' To honour the Court, the Tory party set their writers to work to ridicule the Popish Plot and L'Estrange as pensioner of the party, comes weekly or oftener out in defiance of it, who is party judge, licenser and rifler of the Press, while his antagonist Care (who wrote the WcM,y Paoiuet wherein he discovered the frauds and superstitions of the Court and Church) is not only thereupon arraigned, convicted, and sentenced for printing illicit^ or without license, but by order of the King's Bench it was ordered that the book should be burnt '. Coke is wrong in his ' without license '. No license was needed. THE OBSERVATOB AND WHIG JOURNALS 269 Sayings'^ as an index of the progress made by the Court in their new policy from the Dissolution of the Oxford Parliament till August of the same year, which is marked by the execution of College at Oxford on the 29th. The preface to the earlier part is not lacking in that crude salt which makes L'Estrange a characteristic writer. ' Among the curiosities of this latter age, the invention of transmitting unto After-times the Apothegms and Sayings of men famous in their generations with a He being dead, yet speaketh, for the motto, is in my opinion very considerable. This is the sweet ointment that has perfumed the memory of the late King's Judges ^, the sufferers of the Kirk militant, and the whole band of covenanted martyrs, that having finished their testimony on the wrong side of the Pale, what a comfort is it for a man in the contemplation of his future state to say with the Eev. Mr Baxter (Saints' Everlasting Best, p. 101, 3rd ed.)3, "Then shall ye be with Pym and White " *. This din may do well enough when a man's bones are laid and his head past aching. But to see myself embalmed before my time and serenaded with Mr Roger B Estrange' s Sayings, etc., looks, methinks, too much like the inviting a man to his own funeral. In this Extract or Collection, the reader may fancy himself to be gotten into the fanatics' tiring-room where he sees all their dresses and disguises, their shifts of masques and habits, their change of scenes; their artificial thunders and false fires 5, nay, the very bugs and devils they fright fools and children with, at a distance, to be no more, near hand, than paint and Canvass. You have here laid open to you the mystery of the work to the very springs and wheels that make the motion play, their deeds of darkness brought to light, their very souls exposed, their pleas and conscience still varying 1 The Dissenters' Sayings in Requital for L'Ustrange's Sayings, published in their oum Words hy Roger L'Estrange (1681), 3rd ed. The second part dedicated to the Grand- Jury of London, 29th August 1681. The first and second parts first advertised together in Observatw for 2nd November 1681. The French Transla- tion ie Nonconformiste Anglois dans ses Ecris . . . et dans ses Sentime7its, is dated 1683, and was first advertised, Observator, i., 354, 11th June 1683. 2 A reference to the old Regicides' Speeches. See chap, iv., 118. 3 The accuracy of this quotation was impugned, but Roger in a subsequent edition promised that 'if the Reader be not yet satisfied, Mrs Brome has a book of one of these impressions at his service '. 4 Of White's Century fame (1643). Dissenters' Sayings is really a belated reply to that notorious tract. 5 A palpable hit at London's Flames, etc. 270 SIR ROGER L'ESTRANGE with their fortunes. Or in one word, you have here the Dissenters' Picture to the life of their own drawing'. The little Parliament of Dissenters quoted in this first part numbers 66, but this includes besides the main characters Bastwicke, Burton, Case, Calamy, Baxter, etc. — minor dramatis personae slumped together at the end like the rude mechanicals of an Elizabethian play — as Crab (a feltmaker), Hobson (a tailor), Mellish (a cobbler), Rice (a tinker), etc. ^ Here we are provided with an elaborate and Swiftian picture of the Dissenters as a people who do not agree among themselves, whose motives are blood and revolution, opposed to all innocent mirth and even the ordinary round of employments, regicides, and blasphemers, eikonoklasts and atheists in effect. The comments to each chapter are as with his ^sop, the biting parts, and it is impossible not to admire both the skill of quotation and the masterly castigation of the comment. Little more than a fortnight elapsed between the publica- tion of the first part, and the appearance of the remarkable Ohservator, whose three volumes are a treasury of history and vulgar, but vivid, English. In February John Flatman had started his excellent Heraclitus Bidens, and it may have been with some idea of catching up this witty journal (which was ascribed to himself) that Roger undertook his second great venture in journalism. This publication on 13th April affords an opportunity for glancing at the con- dition of the Press. Shortly after the Press Act was deliberately allowed to expire in May 1679, the Government, pestered by swarms of libels, had taken the opinion of the judges ^ as to the 1 These sayings are quoted from Edward's Gaiigroena and Catalogue of Errors published in 1644. Two works as famous in their day as White's Century, both obscure storehouses of all the most frightful instances and not free of an occasional indecency, on which L'Estrange was glad to lay hold. 2 The judges met twice — immediately after the expiry of the Act, and again at the beginning of 1680. They decided that {a) all scandalous books were punishable at Common Law ; [h) all writers of news, whether scandalous or not ' if they are false news (as there are few others) are indictable and punishable on that account'. State Trials, vii., 930, 1114. Also London Gazet for 5th and 17th May 1680. The proclamation of 12th May 1680— For suppressing the Printing and Publishing unlicensed Newsbooks and Pamphlets of News ' the continuance whereof would, in a short time, endanger the Peace of the Kingdom ... as has been declared by all His Majesty's Judges unanimously '. The Proclamation of 31st October 1679, against seditious libels offers £40 for discoveries and a pardon to delating hawkers iProcs. of Chasi II., 1671-9. Arch. Bodl. Subt. 31). THE OBSERVATOR AND WHIG JOURNALS 271 legality of the new growth of newspapers, and their decision as expressed by Jeffries had been that ' no person whatso- ever could expose to the public knowledge anything that concerned the affairs of the Public without license from the King or from such persons as he thought fit to entrust with that affair'^. This did not of course refer only to Parlia- mentary intelligence, the bann on which, now temporarily relaxed, was strictly enforced during many years of the next century. But it practically included almost anything of a political nature. It was the most flagrant attempt at Judge- made law since the decision on Shipmoney. At the same time it must be admitted that the party writers had in 1679- 80 gone far beyond the limits of moderate political criticism. They not only degraded every cause in the Law Courts to the level of the Hustings, but they boldly arraigned judgments delivered in accordance with the just course of English law. The trial of Sir G. Wakeman we saw raised a babel of libellous tongues, and no one reading Scrogg's vindication uttered in the King's Bench Court at the open- ing of Michaelmas term 1679, can fail to extend some sympathy to the pestered judges 2. On the other hand, whatever ground or prescription the King had for a monopoly of News — and the right could only be argued on Star-Chamber precedents — there is no doubt at all of the hardship and cruelty of the batch of Trials which followed this vindication. Such was Ben Harris' case in the Spring of 1680 for publishing the famous Appeal from the Country to the City. Such also was the case of Frank Smith for printing some Observations on the Trial of Sir George Wakeman^. Harris was fined £500 and kept in a miserable state in Newgate which caused a considerable hiatus (April to December 1680) in his Protestant Domestick Intelligence. 1 state Trials, vii., 202-6. 2 lUd. See also the Proceedings of the Committee appointed by the Commons to examine the conduct of the judges. State Tracts, temp. Okas. II. (1693), pt. i. ■^ State Trials, vii., 926 et seq. See Harris' Twenty -four Quei-ies for some useful comment on the libel law, appropriately addressed to Scroggs. Query 20 is significant of the tumult of these trials ' whether it be any crime against the Law that the people shall give a shout of joy . . . and if it be a breach, why was it not rebuked when a great shout of joy was made by the people because of the brave speeches concerning Justice at the trials of some of the Popish Traitors ? ' The sufferings of these men narrated in Frank Smith's Narrative and elsewhere remind us that we are in the midst of the first great attempt, since the trial of the ' Confederates ' to extirpate the clftss, 272 SIR ROGER L'ESTRANGE Smith was too ill to appear, and his wife's apology to the Court was taken as sufficient composition. Encouraged by this success, which was augmented by Harris' seeming penitence in Newgate, and ignoring the hems of the rabble, the Government proceeded in July to the trial of a far more able culprit, the brain of the faction in the Press and writer of half their stufif, Harry Care^ It is a pity that the little knowledge we have of this man is derived from the scurrilities of L'Estrange and others. In Harris' case we see the ex-Surveyor's hand. He had exposed the Appeal as the most dangerous libel of the times and urged a prosecution. With Care it was — they might have selected any of half a dozen things he was writing then — the indecent Popish Courant which accompanied the Weehly Pacquet of Advice, and which Sir Francis Winnington for the defence described as 'the Satirist against Popery, and thought to be very well liked until this fault was found in it ' 2. The fault was not its gross indecency, but a reflection on the conduct of the Judges at the Wakeman trial, such as might to-day be heavily punished. But only as contempt of Court and not as an infringement of the King's Monopoly of News. Here again were the same tumultuous hems which provoked Scrogg's reference to 'that unfortunate man' Harris, left by his friends in gaol for want of £500 'which may be 5s. a piece if they had been as free of their purses as they are of their noises and acclamations ' ^. Care was convicted and sentenced to stand in the pillory and pay a large fine. More important, the Judges ordered that henceforth no one should print the Weehly Pacquet *. Frank Smith's trial already referred to was closest to the meeting of Parliament, 16th September 1680. 1 See A Whig Lamentation for Golledge (1681). ' Our case to the correcter men we must refer, To Shadwell and Settle, to Curtis and Carr '. 2 State Trials, vii., 1121. 3 ll)id., p. 1126, L. C. J. Scroggs: 'Harris sent to me that his party had all forsaken him and no man would give him anything ', which rendered him more tractable as an informer, as L'Estrange found in 1682. Defoe has a passage written in 1722 which might have been inspired by Scroggs' remark, ' Do parties at any time concern themselves for scribblers and printers when they suffer ? For what then do Printers expose themselves and what thanks have they for their labour ' ? Defoe, W^or^5, iii., 40 (ed. 1868). 4 ' Such an order was evidently beyond the competence of the Court '. Hallam, Cons, Eist,, p. 613. THE OBSERVATOR AND WHIG JOURNALS 273 These then were the cases which formed an important part of the impeachment of Scroggs and Weston, and the humiliation of Jeffries at the bar of the Commons in December 1680^. By their action the Commons reversed the Judges' decision, rebuked Stevens the Press Messenger for acting on Scroggs' warrant, and put back the Law to what it had been commonly thought to be in May 1679. Incidentally they remitted Harris' fine when he proceeded merrily with his interrupted Intelligence. Their hand also, as we saw, stretched back to the penalties imposed on Joseph Browne by the Libels Committee in 1677 ^ and revoked them. Thus for a month or two the Press was free by will of Parliament, and against the will of the Court, in a degree it scarcely ever before or indeed since has enjoyed. Both Harris and Smith resumed their factious works, and though professing peaceable ends were scarcely a week in the saddle before their papers — those which pursued L'Estrange into exile — were crammed with votes, lists of pensioners, and (in the prorogation and ultimate dissolution of Parliament) election addresses. On the whole it would be difficult to find two better electioneering agents than these men in the weeks that intervened till the Oxford Parliament met on 25th March, and any one interested in this phase of activity of the 'Fourth Estate', cannot do better than consult the Domestick and Protestant Intelligences for the earliest mani- festations of the art. It was the necessity of answering these papers — in default of the rough-and-ready way of silencing them — that called into being in February Heraclitus Ridens and Nat Thompson's Loyal Protestant Intelligence. Nat, formerly the chief culprit of the Libels Committee, and since as ardent on the Govern- ment side, had run a good race in pursuit of Harris' Domestick Intelligence, till fate overtook him in the form of the officious Sir Wm. Waller, and in connection — among other things — with his advertisement of the Proposed Burning of the Eump by the Tory Prentices on Restoration Day 1680. Since then Nat had languished in prison, but Sir William, 1 state Trials, viii., 163. Stevens had rather hard measure. He was charged by Scroggs with ' conniving and tampering ' (ix., 36) and yet was censured by the Commons for executing Scroggs' warrant. ^ Chap, vii., 214, note. S 274 SIR ROGER L'ESTRANGE he says, ' had not put that badge upon me as to prohibit me pen, ink, and paper, which he has to others, upon as little occasion'. From March to June Nat's journal was one of the goodly list that have issued from a gaol. The fact that it was for the Court, and yet had to deprecate the wrath of * the present and best of Governments ', is sufficient to show that the men of Shaftesbury were still high in power ^ With the entry of Heraclitus Bidens in February 1681, and Nat's resumption on 9th March, the Court was in better case to meet their enemies. But though the palm of wit is certainly due to the loyal journals, they were quite over- matched in numbers by Harris, F. Smith, Curtis, Janeway, Banks, etc. ^. There was, of course, the liveliest recrimination between these Whig journals, which is discreetly veiled in modern organs hunting on the same side. The commercial side was not lost sight of ^. 1 For an account of ill - usage to set beside F. Smith's Narrative, see Thompson's Preface to his 183 Loyal Songs, 1683. This abortive Burning of the Rump in May 1680, is the old business of 1659-60 repeating itself. Some loyal gentlemen — L'Estrange no doubt among them — inciting the Prentices to a demonstration of disloyalty. In February 1680 these persons visited Nat's house in Fetter Lane, and the result was the offensive advertisement on the 16th : — * Several apprentices in and about the City of London (not well understanding what they did) having been persuaded to subscribe a Petition to his Majesty for the sitting of Parliament, afterwards understanding how his Majesty resented their way of proceeding, have upon further consideration to show their dislike of what they have done, resolved in solemn manner to sacrifice the Rump, that the present age may keep in memory the practice of '41 and not walk in that precedent'. Nat was refused £1,000 bail offered. Waller acted as the honorary secretary of the Plot witnesses, scouring the City for crucifixes, Catholic relics, etc. The hatred he aroused suggested that his services were not quite honorary. 2 Besides these, Smith's (John) Current Intelligence ran fitfully with some others during the early months of the year. There were bickerings between Banks and Smith as to which owned the true Current Intelligence. But all the journals, Whig and Tory, seem to have a quarrel with Harris' JDomestick Intelligence for its ' falsities '. There was also a class of journal which existed for only a few numbers, and was merely an attack on Heraclitus, L'Estrange, or Nat Thompson. See for example News from the Land of^ Chivalry, containing the Delectable History of Don Roger de Strangemento, Koiight of the Squeaking fiddle, which ran for three of its promised twenty-four numbers. 3 P. Smith opened his first number 1st February with the high resolution which recalls L'Estrange's first news pamphlet, ' whereas both the public and the booksellers are frequently imposed upon in buying things twice ; at first a sheet or two and afterwards the same again reprinted in Ben Harris, his Domestich Intelligence, this is therefore to assure the Reader that in this weekly Intelligence we shall avoid any such like clandestine practise of invading the proprietories of others and abusing the public'. Unfortunately Frank could not keep out of trouble, and in his first number prints the order to himself to attend the House for printing a Noble Peer's Speech. He was ordered for trial, but was ignorarmised. Again in August he is up for trial before Jeffries {Lords' Journals, xii., 729ft) in connection with the publishing of Colledge's Raree Show. See L'Estrange's Notes on Stephen Collcdge, pp. 13-15. THE OBSERVATOR AND WHIG JOURNALS 275 Besides his own paper, Erank Smith, in March, started in pursuit of the new Heraclitus Bidens with his Democritus Bidens, which Ben Harris had already answered in February with his Weekly Discoverer — in turn answered from the other side by The Weekly Discoverer Stript Naked. The safety of these Whig journalists was bound up with Parliament, and the Oxford assembly was no sooner dis- missed, than Harris was arrested on a charge of being present at the Southwark election for Parliament and 'of being frequent with sheriff Bethel', while Smith's paper drops four days before L'Estrange addressed the public in his first Observator, 13th April 1681. In other words, Frank had found his way back to gaol. The thing that strikes us most is the consciousness of the Commons that the popular cause was bound up with the entire freedom of the Press, and that, a century before the prohibition on Parliamentary Eeports was removed, these Whig Printers were allowed for a month or two to print the proceedings of the House with impunity. The weight of numbers on the one side was balanced by . the wit of the other. Flatman's Heraclitus was sufficiently ^ witty and wise to be republished in two volumes duodecimo 1713. It displayed the lightness of touch and irony, which wit prefers in its combat with dullness, while the more weighty Ohservators long preserved their right of place in ^ loyal libraries. With the exception of Harry Care's learning — and no wit^ — in the Weekly Pacquet of Advice, there is nothing to set against these Koyalist journals, and when these were reinforced by the wits and the venal muse — who scarcely thought the moment yet auspicious — the disparity became so marked that even Shadwell and Settle appear insignificant attempts at makeweight. One figure emerges during these troubles, obscure but important in the history of the Press. Kobert Stevens, or Stephens, we remember as the man who was useful to L'Estrange against his old master Nat Thompson at the Libels Committee. As a reward for his services, and by reason of his knowledge of the secret paths of the Press, he was made a Press Messenger, at the time when North tells 1 So the Editor of State Trials, vol. vii. (1713) : * In the argumentative part of the work there is much historical and controversical learning. In the other parts the attempts at wit are but rarely successful '. Defoe took another view when he made the Weekly Pacquet the prototype of his Review. See chap, viii., 234, 276 SIR ROGER L'ESTRANGE us it was decided to augment that service. Now Nat was also working on that side. Stevens became a marked man to the Whig printers, and as Scroggs' instrument in deliver- ing those warrants — against Harris, Smith, Care, etc. — which afforded matter for an impeachment, he participated in the Commons' wrath. Since then the Printers regarded him as their prey. In February Lee, Smith, and Harris heard that Stevens had a warrant from the Council to arrest them in connection with a peculiarly evil libel The Vision of the Maid, the offence of which was a prophetic threat that if the King persisted in removing the Parliament to Oxford, he would be poisoned on 15th May. Thinking it best to anticipate matters, on the old charge of invasion of their liberties (by Scroggs' general warrant) at eleven at night, taking a constable they repaired to Stevens' house with the threat : 'We have good Sheriffs and good juries', mentioning their authority. Stevens said — through the door evidently — * Damn your authority '. The interest of the case is that in July — whilst the good Sheriffs and juries lasted — when the charge was examined with the damning thrown in, it was the use of Jeffries' old warrant for the seizure of The Boyal Charter of Confirmation granted hy Charles /., and also of a new warrant (6th July) for the arrest of the hawkers who sold an answer to His Majesty's Late Declaration, that was advanced against the Messenger. Stevens in vain protested that he had already answered to Parliament for the Scroggs misdemeanour^, and retorted that 'his general warrant was good enough against Mrs Cellier and Mr Turner, the popish bookseller ' 2. The Whig journalists were in league with the Whig sheriffs. Harris had suffered for sheriff Bethel the previous year, and now in return Bethel, willing to satisfy Ben's humour of revenge on the Messenger, 'was very unwilling to have any abate- ment of the Fine, for F. Smith and Sam Harris' sake, by reason they are of the same club '. In addition, Stevens was fined £20 for using Jeffries' warrant against a pamphlet 1 Amos {Eng. Cons, in tJce Reign of Charles II. (1857), p. 245) prints a copy of Scroggs' general warrant, addressed to the Messenger, 29th November 1679. It names neither libel nor printer. 2 Hallam truly remarks {Cons. Hist., p. 613) that the impeachment of Scroggs having fallen through, ' no check was put to general warrants, at least from the Secretary of State till the famous judgment of the Court of Common Pleas in 1764 '. THE 0B8ERVAT0R AND WHIG JOURNALS 277 (June 1680) on the Proceedings of the Common Hall about Choosing Sheriffs. But the days of good sheriffs and good juries were drawing to a close and with them the fortunes of the Whig party and its Press. With the entry of Sir John Moore in October 1681 on his mayoralty, and the iniquitous election of Sheriffs North and Rich the follow- ing Midsummer, a new era of repression was in sight. Stevens was, however, one of these unhappy men who order their conversions badly. Scarcely were the new authorities in the saddle when Robin changed 'most senselessly ' to the side of the persecuted Whigs, and thus encountered the revived and augmented authority of the Surveyor. The latter had, as we saw, ventured to return to London during the early days of February 1681, where he was greeted with a fusilade of not very kindly greetings ^ Though suspected of Heraclitus Bidens, he really did nothing till his neck was safe — that is, till the Oxford Parliament was dismissed. Then he delighted his world with the first part of Dissenters' Sayings and a week or so later the first number of the Ohservator, just when Smith and Harris were perforce closing down^. There were still, however, in the work of the Janeways, Curtis's, Benskins, and Baldwins quite enough to answer, and so long as Slingsby Bethel and Cornish remained sheriffs and Sir Patience Ward, Mayor, the balance of danger, despite the Court, really lay on the other side, as is shown by the successful prosecution of Stevens and the presentment of the Observator and Nat Thompson shortly after, whilst Colledge and Frank Smith as we saw were triumphantly ignor amused. It was the threatened presentment referred to which called forth the second part of Dissenters' Sayings and — from the point of view of the Press — the equally instructive Word Concerning Libels and Libellers, addressed to the new Tory Lord Mayor, Sir John Moore, no less than an attempt 1 Their numbers are too great for quotation ; see pp. 256-264. It should be noted that besides Heraclitus, he was suspected of the answer to Essex's Speech (to the King, asking that the Parliament might be held at Westminster) which Nat Thompson, ' that shore for disemboguing Popish venom ', certainly printed. 2 ' To set up counterwriters ' was North's advice. The Observator and Heraclitus ' soon wrote the libellers out of the pit '. Lives, i., 200. So Eachard, i., 1009. 278 SIR ROGER L'ESTRANGE to give his Lordship his cue in regard to the treatment of the Whig Press ^ In the matter of topics which agitated the public mind during the period of the Oxford Parliament, it is easy to choose out one or two which had in them the possibilities of Civil War. The alarming and semi-military circumstances of that assembly gave the Tory journalists the occasion to talk rebellion. Indeed, if we may, from A Word Concerning Libels, judge the forces brought into play on that occasion, we must endorse the opinion of those historians who think that Civil War was only avoided by the adroitness of the King in suddenly dissolving Parliament. These forces con- sisted of — as was borne out at the trials of Colledge, Hetherington, and Shaftesbury — an unparalleled freedom of speech in all assemblies, an organised use of the Penny Post ^ for circulation of inflammatory tracts and menaces, the circularising of London, dropping of treasonable bills in convenient places, and prophecies of dire catastrophe. It was suspected that all these motions in the Press and private and public canvass were strictly organised by the leaders of the Faction, and at a singal given, the whole riot of agitation would change its objective. To-day we are familiar with those methods as the ordinary tactics of party warfare. But in 1681 they were regarded by people like L'Estrange ^ as portentous signs of commotion, and the first stirring of the Protestant Plot, which, it was eagerly hoped by the Court, would eclipse the old Plot. Of these signs the most alarming was the organising of Petitions and Addresses over the length and breadth of the 1 ' While those libels go scot-free, the authors and publishers of other books and papers (i.e., Ohservatm- and Heraclitus, and Thompson's Intelligence) whose business is only to vindicate the Government from the forgeries, calumnies, malice and sedition of the daily libels of Care, Curtis, Jane way, Baldwin, etc. , are Pre- sented and the Bills found ; as Mrs Brome particularly, for the Obseriutor, by a certain grand-jury who, according to their oath, could neither see nor hear of anything on the other hand, while yet at the same time almost every stall is covered and every coffee-house furnished with newspapers and pamphlets (both written and printed) of Personal scandal. Schism and Treason'. See Kenyan MSS. {Repwts, Commissioners^ 34, p. 129) 1st September 1681. 'Presentments were made against Thompson, Heraclitus, and Mr L'Estrange, and the bills found against them '. 2 The Penny Post established in 1680 was charged by both sides as the vehicle of sedition. 'The Project for carrjdng letters for a penny a letter so often mentioned in the Intelligence is, as Dr Gates says, a further branch of the Popish Plot. It is the most dexterous invention of Mr Henry Nevil alias Paine'. Harris' Protestant Intelligence, 27th IWarch 1680, denied in Nat Thompson's Intelligence of 2nd April 1680. 2 Sec L'Estrange's Word Concerning Libels, etc., pp. 2-4, THE OBSERVATOR AND WHIG JOURNALS 279 land. Tory writers hastened to warn the country that by such means the Civil War had been introduced ^ London's Petitions in particular sent men's minds back to 1640 and 1659 when her sullen attitude, her Prentice Riots, and refusal of subsidies, had decided the cause against the then rulers of England. It was noted that of late her Common Hall meetings had altogether neglected their proper business and resounded with impassioned speech almost wholly on one side. At first the Court ignored these omens, relying on a policy of suppression applied at the right time ; but when Ignoramus juries protected the seditious, and the Secretary's warrant was no longer, since Scroggs' impeachment, of the same validity, they had perforce to use the weapons of the enemy and appeal to the same quarters and passions. Opinion must be tapped at the source, such demonstrations as roasting the Rump must be revived, loyal gentlemen must once more descend among the Prentices, and by feast and flattery win back their noisy loyalty, ' abhorring ' addresses must be anyhow concocted to meet the lying reports of Parliamentary Petitions which filled the columns of Whig journals ^. In this work the Ohservator was an invaluable agent. Its author might be heard admonishing and encouraging the loyal apprentices at Sadler's Hall, as he had done more furtively but in the same cause twenty years before. Venison from Windsor regaled the youths. From Bristol, Norwich, etc., came news of rival petitions, discredited on the one side, and regarded as the unanimous voice of the community by the other ^. The obligation of annual Parliaments, the right of Petitioning, the raising of the Militia in the West, became the burden of Whig talk, and found their way into tumultuous petitions, and, more dangerous, the proscription of all who impeded 1 So Ohservatm-, i., 36. The Parliament of 1640 was ushered in by three Petitions (1) At York by twelve Lords calling for a Parliament. (2) In the name of the City of London. (3) By the Scots to the same purpose, and another from thousands of poor tradesmen in London, complaining of the decay of trade hy reason of the Bishops' and Popish Lords' Votes in the Honse of Peers / 2 ' Let them lie and accuse till they are weary while we declare at the same time, as may be done with demonstration, that all they say is false and unjust '. North, Lives, i., 200. North (Lord Keeper) himself prepared some notes for a pamphlet, preserved in the JSxameM. ^ See the Loyal Intelligence, 17th April and 19th May 1681. ' At Hampton Court (19th May) the Petitions were gone into and most especially that of Windsor commended '. 280 SIR ROGER L'ESTRANGE the free sitting of Parliament was now appended to the petitions from York, Taunton, Southampton, etcA As to the particular causes, there was the excitement of Fitzharris' case which had blocked the Oxford proceedings, and whose fate it was to be claimed as a victim by both parties. Later, when Fitzharris was removed after a con- fession favourable to the Court, extorted by the imminence of death, the trial of the Protestant Joiner occupied the public mind from June to August, and raised to the pitch of frenzy the questions of the duties of Grand and Petty Juries, the legality of a second trial with a change of venue, and lastly the whole question of the inhuman conduct of Treason Trials. There was also the dark figure of Shaftesbury behind. Although the Government selected the minor victim first, it was not doubted that the ' dangerous pilot ' would soon stand for his life. A glance at the Ohservator from May to July will show with what desperate zeal L'Estrange flung himself into the turmoil, and how far he outdid the merrier Heraditus. His ferocious temper had been rendered more vicious by his late exile, and by the howl of derision that greeted his return to London. In July we are rather amused to find the author of the Ohservator appealing to Sir George Treby, Jeffries' successor in the Recordship of London, for protection against the Whig junto in the Press 2. July, the month of Colledge's acquittal, was the critical moment in the struggle between the two great parties, between the Abhorrers and the Addressers. We have two letters, one from his patron, the Earl of Yarmouth, to 1 Janeway's Vox Patriae, quoted in L'Estrange's Word Concerning Libels, etc. When M. Beljame says {Le Public et les Hommes de Lettres, p. 172) that the news- paper 'n'^tant pas entr6 dans les moeurs, manquait de lecteurs' and 'Les Joumaux d'opposition n'avaient qu'un droit de parole precaire, parmi ceux du Gouvernement, la Gaxette de Londres ne discutait pas, et VObservator ne discutait qu'avec rapprobation d'en haut. Une telle presse etait une lecture peufroid', etc., he is contradicted by North, Eachard, and others, who attribute the turn in the popular tide primarily to the Observator, Heraditus, etc. Eachard, i., 1009 : L'Estrange and Heraclitus with some others ' were thought to have stemmed the tide of a popular current, which with a little more help and success, might have been very pernicious'. 2 The appeal was, of course, vain ; though Roger declared that Sir George had given him all the satisfaction a gentleman could expect. Observator, i., 21, 22, 8th and 11th June 1681. The enmity between L'Estrange and Treby (who has been described by North {Lives, i., 275) as 'no fanatic, but of the fanatic party as true as steel ') was of later growth, and arose from the refusal of Sir George to admit L'Estrange to a view of the Lord Kussell papers, when he was briefed by the Court to write his Considerations on Lord Jiussell's Printed Speech. THE 0B8ERVAT0R AND WHIG JOURNALS 281 Sir Edward L'Estrange of Stanning Hall near Norwich, dated 6th July 1681, and the other from Roger to the Earl on the day of the return of Colledge's Ignoramus, both of uncommon interest in connection with the crisis. The Norwich Loyal Address had been one of the earliest to reach the King, and Yarmouth was very anxious to follow it up with such a present from the gentlemen of the county as would shame the late Parliament. At the same time, as Lord-Lieutenant, he had his eye on the factious Justices of Peace, and hopes with the aid of the Lord Chief Baron to get those ejected ' who will not swear '. Shaftesbury, we are informed, 'was brought from the heart of the City to his examination by two single messengers and sent to the Tower with as slight a guard, no man taking notice of him ' ^. L'Estrange's letter deserves fuller quotation on account of his later connection with the fate of the Protestant Joiner. ' My Lord, — It is now half twelve, and yet I cannot but give your Lordship some account of this day's work. The jury brought in Ignoramus upon Colledge in the teeth of four point-blank evidences and a fifth strong presumption of Sir William Jennings', to the amazement of both Court and Assistants, and the rabble ready with an acclamation upon the event. The points in evidence no less than a design to seize the King and force him to a compliance, or serve him as they did his father; and so to root out that lewd family. A provision of arms, declared and confessed, and upon a bloody-nose at Oxford, a proof of Colledge's saying that ere long there would be more blood spilt in England 2. 1 Add. MSS., 36, 988, f. 166: *1 am so flatted at the thoughts that the design of a present will fail, that it troubles me ... as we have the credit to outdo and to have foredon all the nation in their addresses (which has been exemplary to other countries) so could we be so lucky as to turn words into coin in gentlemen's proportions, we should be a lucky county '. It is interesting to reflect that Norwich burned Harry Care in effigy {see Care's Popish Courant, iii., 207). The City was not so loyal, however. It lost many of its best citizens who emigrated to Holland this year for conscience sake (see A Modest Ansiver to I>r Dace's Sermon, 1682) at the same time that French refugees loere seeking in it an asylum from Loids' tyranny. Hence some true-Protestant jeers. ^ See Roger L'Estrange's Notes upon Stephen Colledge, which went into two editions this year (1681). The authorship and printing (by Frank Smith) of the rude ballad The Raree Show, which was deemed treasonable, are traced by L'Estrange (pp. 12-14) who had been promised 'Four pair of Gallows' in Colledge's ' learned drawings '. * His vein lay much toward doggerel and design- ing', says Roger. Ralph, i., 627, notes that Colledge showed Dugdale the Intercepted Lettei- to L' Estrange, p. 2, note. 282 SIR ROGER L'ESTRANGE That they pretended to set up Monmouth, but only made use of him as a tool to serve their own turns with. The Session's dissolved, none of the rest bailed. And this is the best information I could gain upon the occasion. This abuse is so gross that I find many of their own part scandalized at it'. (Here follows a curious suggestion in a different hand^ but signed E. L. S). *My Lord, — It is a great pity that His Majesty has not some instruments of interest and credit among these people to keep them within compass. Not but that there are many considerable and loyal gentlemen in the City, but not of such power and authority among these hot- headed fellows. Methinks your Lordship might find some way to engage Sir E. Cl(ay ton ?) ^ who, as I am told, might be a very useful servant to his majesty upon the juncture, if he were hut sweetened a little. For all men almost agree, he is right in his judgment. Your Lordship will forgive me these presumptions, as proceeding from my zeal to his Majesty's service. I promised to render your Lordship the best account I could get of this affair, and how late soever, I have rather ventured to strain a point of good manners, than to break my promise. — I am. My Lord, Yr. Hon.'s Most Obedient Servant, E. L. S. ' ^ The malevolence of the Observaior towards Colledge, the darling of the Faction, and the running exposure of the methods of Petitions, and comment on the City Petition, had raised the clamour against him to the heat of the previous October. Oiservator No. 27 contained a really humorous skit on Whig Petitions^, which irritated them beyond endurance, and as the last act of their effective hate the three Tory journals were on 31st August, the day on which Colledge was hanged at Oxford, presented by the Grand Jury for London, and true Bills found. It was in the Justice Hall of the Old Bailey, that Thompson, Ben Tooke (publisher of Heraclitus), and Joanna Brome (publisher 1 The 'trimming' Mayor who for his refusal to repeal certain bye-laws and so keep out Moore was to be punished by the Rye Plotters (State Trials, ix., 420). 2 Add. MSS., 36988, f. 168. 3 Repeated in the Wo7'd Concerning Libels, etc., pp. 12-13. THE OBSERVATOB AND WHIG JOURNALS 283 of the Observator)y were presented for ' maliciously printing and publishing . . . three scandalous and seditious papers and libels . . . tending to the Advancement and Introduction of Popery, and to the Suppression and Extirpation of the True Protestant Eeligion within His Majesties realm '. The date of this presentment coincides with Gates' significant ejection from Whitehall. Three days later an order of Council dismissed him from further attendance on the Board. Already the King's evidence was dropping to pieces, the more wary vultures — Bolron, Mowbray, and Harris — preparing for that defection, which completed the ruin of the Plot and its promoters. Nothing had angered the Faction more than the attacks of these indicted journals on the Ignoramus juries, which were, as we saw, the boast of Harris and Smith and by whose action (to quote Heraclictus) — ' Those laws that should secure thy (Charles') life and reign By treacherous Ignorami are made vain '. Equally obnoxious was L'Estrange's demand for the jury's reasons for their verdict, and his refining on the duties of Grand and Petty Juries. The duty of the former was merely to certify that the matter alleged was sufficient ground for a trial. The Petty jury decided on the evidence. But though Wilmore, the foreman of Colledge's London jury, was reported to be preparing reasons to meet the criticism of anxious enquirers like L'Estrange, the reasons were never forthcoming, and the news of his arrest lefore Colledge's second trial is a shock to our notion of the sanctity of Justice. Especially hypocritical is L'Estrange's constant talk of Justice arraigned by the mob, when he himself excused such violence. The second part of Dissenters' Sayings (29th August 1681) is dedicated with bitter sarcasm 'to his unknown friends the Grand Jury of London ', and attempted to refute the charge that he had made odious reflections on the Common Halls and Common Council of the City. But while he pays lip-homage to ' this famous City ', he cannot forget the late Rebellion, 'when the fanatic ralible tore the Government to pieces by the same methods that are now presented and practised again by hundreds of inflammatory libels'. Some score of them with notes and comments and publishers' names he presented as we 284 SIR ROGER L'ESTRANGE saw to the new Mayor on his entry into office in October ^. It should be remembered that although by October most of the Whig papers had closed down, scarcely a day passed but their printers contrived to vent some new single-sheet libel. And this class apart altogether from the more substantial libel. There was one of this more ambitious class published by Baldwin, to which Roger gave the place of honour in his Lord Mayor's list. It was The Rights of the Kingdom or Customs of our Ancestors y touching the Duty, Power, Election or Succession of our Kings — ' a gallimaufry of fragments ', says Roger, * first published in 1649 in favour of Cromwell's proceeding and Government, the main stress of the discourse resting on these two points, first — the late King was lawfully put to death, secondly — that the English monarchy is not Hereditary but Elective'. The Bights of the Kingdom is one of the earlier of a new series of learned sedition in which the hand of the exclusionist lawyer was plainly discoverable, and which made L'Estrange rightly conjecture from ' several sly varia- tions and additions and many things omitted in the latter copy, that this is not the work of a bookseller or printer for profit, but a regular and industrious disposition of matter for some other purpose'. So with the Narratives of the Fires, and Reprints of the ever-fresh Painter series of satires 2, once more appearing to alarm the Protestant vulgar. The publishing of the above work was denied by Baldwin in Janeway's Mercury, but the taking of 'one or two of Baldwin's servants at one o'clock on a Sunday morning, posting up the title-page ' went far to discount the denial. It is clear that with the publication of such works, bear- ing the impress of research, and of Settle's and Fergusson's work alluded to, the discomfited Whig leaders were again 1 The Word Concerning Libels, etc., is not later than October because, while it notices Settle's famous Character of a Popish Successor (published by Starkey), it makes no mention of Fergusson's equally famous No Protestant Plot, which came out in the second week of October, preparatory for Shaftesbury's trial in November. This work was thought to be Thos. Hunt's. See Arber, Registers, v., Iv., 8th April 1682 : ' Order of the Ap. of Canterbury to damask Doivlman of Succession, Hunt's Postscript, and Hunt's No Protestant Plot '. Hazlitt, Bib. Collections and Notes, 2nd series, p. 343, actually ascribes it to L'Estrange. 2 See Smith's Current Intelligence, 21st February 1680, THE OBSERVATOR AND W^IG JOURNALS 285 directly resorting to the Press as in 1676-7 to repair the Party fortunes. The conviction that the King had done with Parliaments — at least for the three years' limit — was working havoc in the Whig mind, and with the Sheriffs' election of 1682, finally produced those councils of despera- tion which precipitated their ruin. We may remember it was during the last long intermission of Parliament, 1675-7, that a remarkable crop of constitutional libels appeared. The same fears now produced the same results, and history was ransacked to prove much more than the obligation of annual Parliaments^. There were also the rights of juries, the law of succession, and presently the great case of the City, its Privileges and Charters, with the trump card of all — the right of the City to elect its own Sheriffs. Whilst the grand jury of London plotted the destruction of the Tory journals in October 1681, it became equally important for the other side to silence the Protestant Intelligences- before Shaftesbury appeared for his life at the Old Bailey. In the end, and probably as a result of L'Estrange's solicitation 2, the Council resumed a course which for obvious reasons it had not adopted since Scroggs was impeached. On the 17th October — Shaftesbury's trial was in November — four Whig Pressmen, Baldwin, Vile, Jane- way, and Hancock, the men marked out most prominently in A Word Concerning Libels, with one Popish printer thrown in to make the list look impartial, were summoned to Whitehall. It was noteworthy that — following the example of the work just quoted — these men were not charged with the news- papers for which they were responsible, but with the seditious pamphlets which they issued, Baldwin for Fergusson's No Protestant Plot, The Tendency of Addresses, etc., Hancock^ for a work on the Election of Lord Mayors, etc. The summoning of these men meant in effect the 1 The Whig gibe [Ohservator, i., 83), that ' there were men employed to search Records and Histories to find out something more ancient than Pariiaments, that may serve as a pretence to take away Parliament ' was rather unreasonable in a party that revelled in Historico-partisan research from King Alfred downwards. The other point referred to — the despair in the Whig mind of a Parliament coupled with the successful attack on the City, was clearly responsible for the Whig conspiracy, if we can trust the confessions of West, Bourne, and the rest. 2 In the Observator and his Appeal to tJie Lord Mayor. 3 Little Hancock (son of the Hancock examined by the Libels Committee, February 1677). His offensive trade was that of a newsletter writer and general penny-a-liner. He haunted the Courts and Whitehall, and supplied savoury news to the journalists, thereby incurring the particular hatred of L'Estrange. We find him in 1684 before the Council with his brother news-writers, when L'Estrange at last got the Council to attend to the dangerous trade. See chap, i., 329. 286 SIR ROGER L'ESTRANGE resumption of the rule of the Press by the Secretaries, and it was retorted that since Heraclitus and the Observator had turned the tables on them, they had begun to cry out against the monstrous liberty of the Press. They had failed effectively to cripple their opponents, and now it was their turn to feel the weight of an offended authority, which had been in abeyance since Titus Gates appeared on the scene. Their license was now challenged at the moment when Titus was expelled from the Court. Thus with these four chief offenders under Council surveillance, ' infallible ' Ben Harris in gaol, and reported to be making 'loyal discoveries'^, with 'Elephant' Smith, and Dunton on the eve of flight for Amsterdam, there was cause for the deep dejection which fell on the Whig ranks. On the 26th October the Sessions ended with true bills returned against the two sets of offenders in the Press, Whig and Tory. The Government had, however, to pro- ceed warily. There was little hope of Tory juries till the swearing-in of the Tory Sheriffs in Michaelmas 1682, but already counsel was being taken, and parties preparing for the struggle which had narrowed down to the question of who should choose London's Sheriffs. The trial of Shaftesbury in November is memorable not only for the feverish canvass of party opinion in the popular journals, but for the entry on the scene of a force which as students of literature we may deplore, but which for good or bad was to mingle with the muddy waters of politics for a century. The venal muse now thought it safe to appear on the scene. Dryden, Otway, Lee, Behn, D'Urfey espoused the Tory side, while Shadwell and, for a time, the uncertain Settle, did service for the Whigs -. 1 His repentance was perforce more thorough than on the occasion in 1680, when he appealed to Scroggs against the neglect of his own party. See p. 271. Luttrell, Diary, i., 127, 18th September 1681, notes that Harris has informed in hopes of Liberty. 2 Beljame, Le PuUic et Les Rovimes de Lettres, etc., p, 188, praises Shad well's consistency when nearly all the others ratted. See Shadwell's Dedication to Buri/ Fair : ' I never could recant in the worst of times, when my ruin was designed and my life was sought '. Dryden (or Tate) celebrated L'Estrange in the second part of Ahsalom o.nd Achitophel under the name of Sheva. ' Than Sheva none more loyal zeal have shown Wakeful as Judah's lion for the crown Who for that cause still combats in his age For which his youth with danger did engage. In vain our factious priests the cant revive To enflame the crowd while he with watchful eye Observes and shoots their Treasons as they fly '. THE OBSERVATOR AND WHIG JOURNALS 287 Another new element which grew out of the Prentice feasts was the periodic party dinner, with which an anxious Government scarcely knew how to deal at first i. Nor was the matter of tolerating Opposition feasts settled finally — at least in Scotland — till the beginning of last century. The Government in 1682 was scarcely to be blamed for not recognising in these occasions useful vents for party feeling. It is interesting to find L'Estrange an increasingly prominent figure at the loyal feasts 2. In the midst of these struggles the word went round that the intractable people on whom L'Estrange and others had lavished all their abuse, the Dissenters, were again to be persecuted^, and that scarcely twelve months after they had reached their highest round of favour when a Parlia- ment had been dissolved for passing votes in their favour. At the same time their Apostle Oates was being chivied from post to pillar, his Doctorate denied, his very name hunted for in registers to prove him a forger, humbug, cheat, and worse. Colledge had done the Dissenters much harm; the unfolded page of Oates' life did much more *. Now only Jane way's Impartial Protestant Mercury, and Care's Weekly Pacquet held on their way. Heraclitics, its work done, had laid down the pen. But L'Estrange had at last found his metier, and a vocation which not only attracted the applause, but the money of the Church and the Judges' 1 HeiucUtus, No. 65. The Whig feast, 'so insolent a riot', is quashed by order of the Government. ' I had a ticket given me by a friend and had set my heart on it, for I was told their dictator (Shaftesbury) resolved to be there tlw' Jie came in a litter '. Heraclitus skilfully expatiates on the scene of the proposed feast, ' those Halls where some of them had sate before in great pomp as they were like to do now, in committees for sequestration, I don't doubt but the grand Cabal chose those places — to call to their remembrance those glorious times, etc.'. Luttrell (i., 212) ' disliked the Tory feasts because the Court thought fit to prohibit the late feast of the Whigs'. He gives a list of ministers, etc., present at the great Tory feast of 9th July 1682. The date of the prohibited dinner was 19th April 1682. For a copy of a ticket to one of these Whig feasts, see Sitwell's First Whig, pp. 121-2. Luttrell, Dkurij, i., 182 and 212, has a good deal on this subject. 2 Macaulay, chap, iv., quotes the Ohservatcrr to show his prominence at the Fountain Tavern dinner on the eve of James II. 's first Parliament. '•> Bohun (3rd part of Address to the Freemen, pub. 15th October 1682) urges the King, since no money is to be had from factious Parliaments, to fill the Treasury by putting the laws against Dissenters to the utmost stretch. Nor was he alone. ^ Ohservator, i., 89: 'And now they are hunting of registers for Dr Oates* baptism. Why they'll tear the man limbe-meal before they ha' done with him. Not Dr Oates cries one, not Mr Oates says another, and now they will not allow him to be so much as Titus Oates'. 288 SIR ROGER L'ESTRANGE Bench ^ He had come back from the Hague poor and out of favour. Murmurs of the old Cavalier reproaches at the Court, both that it let him starve and failed to protect its servants, escaped him. But these were early days. By February 1682 he was sunning in Court favour, the flattered of literature, for not only D'Urfey and Behn — not to speak of Nat Thompson's rhyme — but even laurelled Dryden stooped to call him fellow-worker 2. He looked for a resumption of those laws and that oJB&ce which had made him once dreaded. Altogether at the age of sixty-five, things stood brighter with him and his party than a year before, lurking in Edinburgh, he had any reason to expect. Such was the aspect of affairs when the issue of the struggle of the Sheriffs election, and the more ominous rumble of the Rye House Plot, apprised the nation that the Whig chiefs had had recourse to methods which in the event of failure could only bring ruin, swift and complete. 1 For a (hostile) list of Roger's emoluments at this period, see New News from Toryland (printed for S. Norman, 1682) : ' Who would not be the Danae of an Ohm-vator to be courted in Golden showers ? From Cambridge, £250 ; from Oxford, £200 ; from Norwich, £170 ; from Salisbury, £90 ; from Bristol, £100 ; Madam Joanna's yearly tribute, £150 ; summa totalis, £960 '. Wood {Life and Times, iii., 26), August 1682, notes the gift of £200 from Cambridge, from * Lord Norrys and other gentry' £100; from Magd. Coll., Oxford, £20 (iii., 83), a collection by the Judges. 2 See, besides the tribute in Absalom aiid Achitophel, his Epistle to the Whigs. Thompson's 183 Loyal Songs (1688), contains many references to L'Estrange, and at least one lyric : — ' Here's a health to L'Estrange and the boon Heracliius, And true Tory Thompson, who never did slight us. Not forgetting Broom, Paulin, and Alderman Wrightus With Tony and Bethel, Ignoramus, and Titus '. CHAPTER X (1682-4) THE PRESS AND THE RYE HOUSE PLOT In enumerating L'Estrange's services to the Crown, one circumstance cannot fail to strike us — that he first appears as an intruder whose services, valuable as they might be, were in part unwelcome because discounted by a violence which Charles' sagacity told him was unwise. It was different when James II. became King. From the first as the relentless pursuer of the Gates gang, he was accepted at his own valuation, and urged to press forward those schemes of vengeance which marked the first few months of that revengeful reign. But with Charles II., it was by dint of constant hints, reproaches, and intrusions that our busy pamphleteer worked himself into any employment at all. It was never in Charles' nature to go out of his way to save a servant, and while Scroggs had remained to face the storm of the winter 1680-1, to be finally dis- carded, L'Estrange, equal in popular odium, had been driven into exile by the Council over which Charles presided. When he crept home no murmur of welcome reached him from the Court to soothe him for the gibes of his enemies. His devoted Ohservator was allowed to be baited by Protestant Grand Juries, and his complaint that it was easier to write up sedition than loyalty recalled the days of the Caveat and the Apology. CoUedge's trial and death made a difference to which Shaftesbury's acquittal in November was a mere temporary offset. The Protestant Joiner had been symptomatic of all that the term dissenting Whig conveyed. His religious frenzy, his association with Gates and Shaftesbury, his cartoons and crude ballads against the Church and the 289 T 290 SIR ROGER L'ESTRANGE Pope, his tavern speeches and songs, and above all his constant use of the word Protestant — made him the darling of the Faction. His two dying speeches left a belief in the public mind that at last a Protestant martyr had suffered 1. L'Estrange was called in a month after his death to silence these doubts. The Colledge papers were put at his disposal, those prepared by Aaron Smith which Lord Chief Justice North had taken from him, and the miscel- laneous bundle of Baree Shows, and True Protestant Ballads by which this judicial murder had to be vindicated. Without attempting to measure the degree of success which Roger achieved in his Brief Notes on Stephen Colledge, it is sufficient to say that his attack on the memory of one who had made him the butt of his rude ridicule ^, made it impossible for him to maintain the decorous attitude prescribed de mortuis^. The performance no doubt pleased the Govern- ment, for it is the first of a series which finishes with a witless attempt to cope with Halifax's powerful Letter to a Dissenter, 1687. In the Shaftesbury trial the Observator is obviously briefed by the Government to attack that fallen chief in prose, as Dryden was demolishing him in famous verse. From this time onward, there is not a branch of English politics but receives some illustration from the pen of the Ohservator. And no movement does he so fiercely urge forward as the work of renewed persecution, undertaken in the month of Shaftesbury's acquittal. The word seems now to have been passed round that Parliament was a very remote possibility, and the King's Declaration had been taken as an announcement of non - Parliamentary rule. Caution was therefore thrown to the winds. The 1 Long remembered as such. See Chas. Lesley's View of the Times (1708), No. 124. 2 See chap. ix. , 260, note. Brief Notes : ' I should be ungrateful if I did not acknowledge the honour he (Colledge) has done me in divers of his emblematical pieces. He has presented the world with six Towzers and L'Estrange with four pair of gallows '. He may have been the author of The Intercepted Letter to Roger L' Estrange, which F. Smith printed. Dugdale's evidence at his trial, Kalph, i., 627. See State Trials, viii., 595. Dugdale produced the Intercepted Letter of which ' Colledge told me he was the author ', the printer being Curtis or his wife, who ' cheated him of some of the gain '. 3 Macaulay (i. , 192, Popular Edition) speaking of his pursuit of the Rev. Wm. Jenkins who died in Newgate, is more severe — ' From the malice of L'Estrange the grave was no hiding place, and the house of mourning no sanctuary. Such was the spirit of the paper {Observator) which was at this time the oracle of the Tory party and especially of the parochial clergy '. See Ohservator for 29th January 1685. THE PRESS AND THE RYE HOUSE PLOT 291 year did not end without an adventure which recalled his peril of the previous year, and which was taken to show the desperate straits to which the Oates Party was reduced. It may be remembered that the chief charge advanced against L'Estrange in October 1680 was an attempt to suborn young Tonge against the King's evidence. On that occasion he says: ' Upon two full hearings before his Majesty and Council (in despite of all that Oates could say and Tonge could swear against me) I had the honour to be twice acquitted by the unanimous judgment of the whole Board '^ L'Estrange, as we saw, pretended, and Dr Choquex and Captain Ely^ (Tonge's physican and manager) had borne him out, that the accidental circumstance which brought L'Estrange and Tonge together was a curiosity on Roger's part to know from Choquex something of Rupert's achievements in the wars in Flanders. Newcombe, the publisher of the Gazet, had introduced him for this purpose. Young Tonge's original charge against his father and Oates, it need scarcely be added, was that of collusion and fabrication of all those lying narratives, Windsor Letters, etc., which were the Plot. So often did he affirm and deny his evidence that the disgusted Court had allowed him to lie in Newgate during the whole of 1681, where he was reduced to a very miserable condition. Towards the end of the year, all hope from the other side being lost, it was rumoured that he was in a mood to make a contrite and final confession. His con- fession would have been very welcome to the Court as a justification of the new severity adopted against the Dissenters, and especially as a vindication of their treatment of CoUedge, who was in close association with the * evidence ' gang ^ But it was not to be bought at too great a price, and nothing was to be done to alleviate Tonge's misery till all was drawn out of him. In short, the rather mean 1 Shammer Shammed (1682), chap, ix., 46, 52; Prance, L'Estrange a Papist^ p. 29 ; Luttrell, Diary, i., 39 ; U Estrange' s Appeal humbly submitted to the King and the Three Estates (1681), p. 33. 2 Tonge in his Narrative dated 10th December 1680 (but ' held up in lavender ' for the Oxford Parliament), imputed the subornation mainly to Ely who belonged to the Earl of Chesterfield, whose Countess was once L'Estrange's patron in the matter of free postage. He blamed L'Estrange merely for abusing him in Zekiel and Ephraim. See the whole perplexed intrigue in H.M.C., App. a. to the Wth Rept., pp. 247-9, Zekiel and Ephraim, and the Shammer Shammed^ from which, apart from the newspapers, the information following is chiefly drawn. L'Estrange had already befriended the Catholic Choquex by clearing him of a charge of being found with fireballs in his house. 3 Old Tonge lived his last months in CoUedge's house and died in his arms. 1680. 292 SIR ROGER L'ESTRANGE course was adopted of extracting piecemeal, all he knew or could invent — it mattered little which — with very little intention of doing anything for him. The first overture however, came from L'Estrange^ ' This good time ', i.e., the Christmas Season, was made the excuse and charitable occasion for a letter to Tonge from 'Your Loving Friend, R L'Estrange', 27th December 1681, in which the latter suggested that ' Gates and Colledge had the handling of him before he gave his evidence' against L'Estrange in 1680. ' I ask no questions nor do I desire anything from ye ', the writer lyingly says, ' though I should be glad to find any instance of your conversion and that the Truth of the whole matter might appear'. In other words, L'Estrange sought to clinch his Brief Notes on Stephen Colledge, and to show to the world the cheat of the conspiracy against him in October 1680. This mischievous letter had the desired answer from the King's Bench Prison on 30th December. ' If you had known how I was used by my uncle first, and afterwards by Colledge and Gates to force me to accuse you falsely, you would sooner have pitied my weakness and forgiven me what I have done against you '. Enclosing a petition to the King, to be presented by L'Estrange, he asks the latter to intercede for him, and afi&rms that 'the Plot was contrived by my father and Titus Gates, when he returned the second time beyond the seas; my father and he writ much of it out of (Houselife) ^ Queen Elizabeth, and out of the book writ 1 An important point, Roger North (JUxamen, p. 271) was good enough to take the view that the intrigue was from the first an attempt to entrap L'Estrange. 'After Dangerfield's sham, Symson Tonge, son of the famous Dr Tonge, put himself in the way of trade by endeavouring to trepan somebody or other and seemed to level most directly at Sir Roger L'Estrange, but the old Knight was so plot-learned, that nothing would fasten upon him. But yet he was nettled at the attempt and the encouragement and assistance Tonge had from the Faction in all their News and Pamphlets, by which they sought to defame him as much as if he had been a shamplotter in earnest, and thereupon he gave himself the trouble to print in a quarto pamphlet entitled The Shammer Shammed (1681), the whole transaction adorned with all the circumstances. And any one that would observe the low politics of this sort may see there a complete process of such knavery. This young rascal had sworn Gates' plot construed by his father and then unswore it again to and fro. But in gaol, the saints made ample provision for him in diet and clothes '. L'Estrange says {History of tlie Times (1687), chap viii.): 'In December 1681 there came a person to me from Young Tonge in the King's Bench ', but of this no mention in the Shammer Shammed. We may perhaps regard it as one of his ' falsifications ' complained of by Mr Pollock [Popish Plot). 2 Holinshed. Probably the first and second volume of Chronicles ^ first collected hy Raphael Holinshed now newly augmented 1586, hy John Hooker alias Vcnvell, Gent. It is singular that L'Estrange could not identify this work from Tonge's description. THE PRESS AND THE RYE HOUSE PLOT 293 by Hooper or Hooker, that came from Kome and swore against Campian and the other Jesuits. . . . They (Oates and Tonge) first writ at . . . where the " Plot" was written by Oates in Greek letters, and afterwards went to Fox-hall, and one of the Jesuit's letters in my father's hands '. The Petition to the King blames the wicked uncle for debauching him, and accuses Colledge ^. L'Estrange's answer to this pitiful appeal places it beyond doubt that he was cruelly playing with his victim. * You must be more particular and clear before I presume to undertake the office ', i.e., of intercession. He indicates the points where discovery would be desirable. Without noting all the letters of this correspondence in which suspicion on both sides prevailed, it is sufficient to say that on 11th January L'Estrange closed the corre- spondence, after a final appeal from the wretched youths with *I dare not presume to trouble the King in your affair '. Meanwhile, after the receipt of Tonge's second letter on 2nd January, the thing had taken air in Nat Thompson's Intelligence in the form of a complete confession by young Tonge, in confirmation of which a letter of the latter to Nat was published in the Intelligence of 19th January. The negotiations having fallen through, the Plot party awoke to the dangers of the intrigue, and seemingly made a bid for the final denial of this extraordinary being. * He was taken one day out of the Prison by a Printer, and at his return talked of something to be published toward the middle of the next week concerning L'Estrange. This visit put him presently into clothes and money in his pocket by a providence which must be left to time and further scrutiny to unriddle \ Now the whole party was alarmed. The Popish Courant for 6th January is loud with angry cries of a new suborna- tion by L'Estrange. The Printers' visit — Curtis or his agent — bore fruit on 19th January in the form of Tonge's Vindication against the Ohservator^ published by Curtis and 1 ' When your Petitioner was committed to Newgate, Colledge came to him and by threats and promises forced your Petitioner to deny the Truth '. Humble Petition of Simson Tonge. Shammo- Shammed, p. 26. - * I have a great cold with sitting on the ground to make peggs, as I do all the week and must work very hard for three halfpence a day, which is all I have. I am barefoot and almost naked'. Tonge to Roger L'Estranee, 10th January 1682. ^ ' 294 SIR ROGER L'ESTRANGE written doubtless by Care. In this Vindication we have notice of Tonge's Narrative of the Plot printed a year before in December 1680, and held over for the Oxford Assembly ^. The issue of the whole affair was, as we saw, a renewed appeal by L'Estrange for the protection of the ' generous and loyal governors ' of this City from * at least 300 scandalous, rank and notorious lies that these several wretches have published bareface against my single self. From the Observator we gather that this appeal was ' taken into debate by the Lord Mayor and Court of Aldermen on Thursday last; i.e., 9th February 1682 2. This business had scarcely deserved the importance given to it here, had it not illustrated the despairing methods of the Faction to keep alive the Plot and destroy the chief agent of the Tory Press. Another affair — that of Prance and L'Estrange — is spread over the entire year and the next, and forms the most tedious disgression of the Observators. To hunt down Oates and Prance is the task to which Roger had already dedicated himself, and to understand the hate, the persistence, and the detail with which week in, week out, he pursued these wretches, we must recall those dark days in October 1680 when they swore him into exile before the Council with which it was his ambition to stand well. Since then, Prance had from time to time, as a habitn^ of the Taverns, made various incursions and gibes against L'Estrange, and in April of this year (1682) as a reply to a new story of his villany which the Observator was serving up with much iteration, published an attack on L'Estrange, re-affirming all the old charges. Without going into the endless scandal, it is sufficient to say that the Observator accused Prance of having, in 1672, when he was employed as the Queen's silversmith, to make a silver antipendium for the altar at Somerset House, substituted 1 This narrative, with its order to print dated 2nd February 1681 was somehow stifled. L'Estrange was informed that several copies of it were dispersed to divers members of that Gonvention. See Shavimer Shimmed^ p. 4. - To Sir John Moore and his Tory Allies—^ Wwd concerning Libels and Lihelleo-s (1681). See Observator, i., 100, 18th February 1682. ' Whig.— Yes, yes, I heard a talk of such a letter, but I suppose it is a private thing, for my bookwoman told me there were none of 'em to be got. ' Tory. — The Newapeople, ye must know, are most of them of counsel for the other side. In short, by hook or by crook, that letter is to be stifled *. THE PRESS AND THE RYE HOUSE PLOT 295 brass for silver screws ^. There were some other obscure and ill-vouched-for stories of fraud which L'Estrange circulated against Prance to destroy his credit as a tradesman, but in the meantime he prudently left it to Nat Thompson to reiterate Mrs Cellier's stories of the torture used by Shaftesbury to get Prance to toe the Plot line in the winter of 1678-9. When it was no longer dangerous, and after Nat and his accomplice had stood in the pillory for their attempt on the life-blood of the 'Plot', Roger took over the story and made it the foundation of his final exposure of the mystery. But at that time, even Mrs Cellier who first — after Castlemaine — took this dangerous line, was enjoying her pension from James II. 2. It is not necessary to discuss the part allotted to Prance in the Plot, further than to say that without his evidence the Somerset House theory of Godfrey's murder fell to pieces — Bedloe, the only other witness of that branch, being dead — which explains the venom and zeal with which Tory pamphleteers fastened on the weak points of his evidence, and the part played in Prance's case by the torture chamber. But we are to imagine during 1682, when the balances between Plot and Fraud were still fairly even, though steadily inclining towards the latter, the incessant and jarring encounters between L'Estrange and Prance in Cofifee-houses, taverns and wherever the two met, even when L'Estrange drove past the silversmith's house. Prance's business also rose and fell with the credit of the Plot, and his bitterest complaints were that he suffered financially from the Observafor's persecution ^. 1 A Psalm or Song for L'Estrange to be sung in all Coffee-houses (quoted Ohservator, i., 129). ' An anti-Protestant is he That will no Popish treason see But silver head with brazen screw '. See Observators for April 1682, i., 117-25. 2 Secret Service— Charles II. and James 7/.— Camden Soc., Pub. January 1687 and April 1688, Mrs Cellier got £50 and £40. 3 Luttrell, i., 178, April 1682 : ' This day being Easter Sunday, Mr Miles Prance and Mr Roger L'Estrange received the sacrament at St Giles Church-in-the-Fields, one protesting that what'lie swore about L'Estrange being at Mass was true, and the other denying it. Baxter took upon himself to rebuke this contentious iise of the Sacrament, much to L'Estrange's resentment '. Chalmers {Gen. Biog. Did. (1818), p. 209) quotes Echard's version of this story. See the Psalm referred to p. 10, note. * Strange the Sacrament did take To cheat the world and blind the State '. 296 SIR ROGER L'ESTRANGE Those who imagine that the 'Plot' was quickly dis- credited however are mistaken. The roots and ramifications were too deep and numerous, and it was open for the Faction to say that L'Estrange and his fellows waited till Tonge, Bedloe, and the rest had disappeared before they began the work of taking it to pieces ^. But more serious in one sense to the ' Plot ', was the withdrawal of public attention to other matters. The re- newed persecution, begun in December 1681, was a corollary of the decline and fall of that frenzy, whilst the attack on the city, the preliminary of similar attacks on the Corpora- tions all over the country, necessarily withdrew the ablest Whig apologists, and left the ' Plot ' rather naked of defenders. This forward policy of the Court was politically prudent, and it was aided by the pulpit eloquence of the clergy who were nourished on the Observator's bi-weekly diatribes. Song and wit were enlisted on the same side. So long, however, as * good ' sheriffs remained, the men of Shaftesbury were a power in the City, and Whig might well say in the Oiservator of April 1682 : 'Though the Protestant joiner is departed, we have architects left yet ', and Tory sadly answer : ' London, I confess, is a good covert ' ^. Whilst the London mob was still violently factious, Tory writers referring to the City were able, after 1681 to praise, ' the governing part of it'^. The trials of those Whig printers presented in October 1681 came on in May 1682, when Janeway and Sam Harris appeared at the Guildhall, the latter for printing Treason in Grain, the libel for which Fitzharris suffered. Though the trial was conducted by the notorious Graham and Burton, and though £50 was publicly offered for evidence. Sheriff Pilkington's jury returned a bland Ignoramus. Two months previous, a significant thing had happened in the case of Langley Curtis. The Attorney - General in February 1682 had moved Justice Jones to prosecute him for publishing in his Mercury of 7th February the old votes of 10th January 1681, that, * they ought not to prosecute the 1 So Titus Gates, Portraiture of King Ja^nies II., 3rd ed. (1696), i., 183 ; Lonsdale, Memoirs ; Bohn, Charles II. and James II., p. 450. * The Popish Plot of a long time discredited and now no more thought on '. But this refers rather to 1685. 2 Ohservoior, i., 119. 3 Dryden, Medal — ' Sedition has not wholly seized on thee Thy nobler parts are from infection free '. THE PRESS AND THE RYE HOUSE PLOT 297 Dissenters upon the Penal Laws'. The recalcitrant Whig jury ' being asked whether it did own the same as truth or not, one of their printed warrants to Constables was produced, wherein the said Grand Jury had cancelled the clause relating to the duty of Constables to disturb Conventicles '. For this offence, both Curtis and the Grand Jury were now brought to the bar of the King's Bench, on which the Jury gave in and promised to present the redoubtable journalist^. As a result of these prosecutions, we find that Janeway's Impartial Protestant Mercury ceased at Ko. 115 on 26th May 1682, but Curtis and Care^ still go on for a little yet. More observable is the general persecution which L'Estrange was called upon to palliate and defend. No writer had done more to urge on these severities, and when from Bristol ^, Gloucester, and Hertford, etc., came stories of ejectment and Grand Jury presentments, there was no one more generous in applauding the enlightened work. Old names began to appear once more. There had been no general persecution since 1675-6. Old haunts were visited and old lurkers drawn to light. The carriers on the high- ways were examined, and the Scotch pedlars who flocked to England after the last eruption in 1679, became the object of suspicion and arrest. This persecution, it is admitted, was more ruthless than any of its predecessor, and more successful in driving people to Church. Vicars and Bishops reported the 'conversion' of huge numbers. The Churches were crammed with the strange multitude which scarcely knew the decent forms of worship. From other parts, it is true, came reports of indecent behaviour on the part of the new Conformists, of loitering in the Churchyard during service, and veiled sneers at the Ritual. A feature of the persecution is conveyed in such significant advertisement in the loyal papers as that the Commissioners for the Admiralty were taking steps to eject all the factious and dissenting *. 1 For this case see Nat Thompson's Loyal Intelligence under dates given and for fairness' sake, the other journals. 2 In July (1682) the Weekly Pacquet was also in danger, and in December the Courant actually dropped. }^ee the Weekly Pacquet for 28th July 1682, where Care has t^e effrontery to describe the indecent Courant as * some small, neither unuseful, nor unpleasant digressions for the Reader's entertainment '. •^ Ohservator, i., 153, savagely reflects on some aldermen of Bristol, who not only tolerate Conventicles at their doors, but champion them on the Bench. 4 Thompson's Loyal Intelligence, 14th February 1682. 298 SIR ROGER L'ESTRANGE Another and more disgraceful feature was the rise of a new tribe of delators, induced to take to their shameful trade by rewards offered under the old Conventicle Act. These men did not limit their operations to the Dissenters, but began to spy on the magistrates and constables who shirked their offensive duty. Thus discord and treachery invaded every class of governors and governed, and the historian will no doubt look closely in this direction when he is enumerating the causes of the disgust which finally expelled the Stuarts. This persecuting movement was inaugurated, we saw, in November 1681 by the action of the Middlesex Justices, and it was kept alive in the Metropolis by their frequent resolutions and admonitions. But for any severe operations, for a general pursuit and hounding out of the meeting folk in the city, we must wait till Pilkington and Shute no longer nominate the juries. It is this that gives the candidature of Papillon and Dubois for the shrievalty in this year such importance and popularity. Never since London enjoyed the privilege of electing its own sheriffs had that office been so canvassed, or so much been written to prove or disprove the practice of elections. Despite L'Estrange's charges that large numbers of those brought up in different companies to vote, were not livery-men in the legal sense ^ — as probably they were not — there is no doubt that Papillon and Dubois were the choice of the electors. Against these candidates L'Estrange had nothing further to urge in June than that the Tory candidates were better men. The candidature of the former is interesting, because at that moment French Protestants were settling in multitudes in England 2, establishing fisheries at Dover and Chatham, and weaving at Spitalfields, as a result of that revival of French persecution which by no means came suddenly in the Revocation of the Edict of Nantes, and indeed synchronised so closely with the English persecution as to leave little doubt in the popular mind of an understanding between the two Monarchs. A few 1 Carte, Life of Ormonde^ ii., 522: 'All mechanical Companies were entirely on the Republican side of the dispute, and the Courts of Assistants of those Companies called up all the mean and virulent fellows, etc.'. Pago 524 : ' Some Clerks kept out of the way, and the Courts of Assistants of the Glovers Coy. absolutely refused to let their books be seen for the making out of a list '. 2 While true Protestant Englishmen were emigrating from Norwich, Gloucester, etc. (See A Modest Answer to Dr Dove's Sermon^ printed 1682.) THE PRESS AND THE RYE HOUSE PLOT 299 months before \ Koger L'Estrange had published a transla- tion of a French Apology for the Protestants in four parts, a work which may have been moderate in France where a real persecution was raging, but in England — especially with L'Estrange's preface — was calculated to arouse some clamour. For whilst paying a notable tribute to the Catholics, and advocating in veiled language a re-union with them — that is of King-and-Bishops-men against dissent — the preface attacked the favourite Konconformist belief that in their struggle with the Church they had the sympathy of the Foreign Reformed Churches. * In France, there is no permitting of any Dissenters at all (a notable commentary on the Edict of Nantes, 4 years before it was revoked) ; in Holland (though a Government that was founded upon a universal license) an Anabaptist would sooner dare to swallow a crucifix than utter one word against the State ', and as for French Protestants, ' the author of the Apology piously laments the imperfections of the French Presbytery for want of a royal authority to establish and support them in a more regular form of Administration '. The curious state of mind which here confounds the word Protestant with Anabaptist, or Dissenter, is not accidental. L'Estrange and his class actively disliked and repudiated the term^. As to the text, he is unfortunate in being contradicted by his author ^ When we remember that this Apology and its preface were also L'Estrange's apology against attacks on his Protestant orthodoxy — which he was particularly anxious to prove just then when Prance was repeating his charges and the Church preparing to contribute her guineas*— it is not difficult to see how it 1 It is dated 1681, and is first advertised in the Ohservator for 13th August 1681. Although we cannot find the original there is no need to class it with those fictitious translations of which frequent complaint was made. 2 Ohservator Defemied (1685) : ' They have gotten a trick of covering all Religions but Popery under the cant of the Protestant Religion '. •■' Pt. ii., 31. In Protestant Countries such as Holland, the Catholics who are the Dissenters there ' may openly and frankly own His religion . . . and are connived at without being hunted out of their houses ', which is more than Frank Smith's Narrative (q. v.) will testify for English dissent. 4 Luttrell, Diary, i., 93, June 1681. There is a Discourse that the University of Cambridge have collected of the Masters and Graduates of that University the sum of £200, which they intend to make a present to Roger L'Estrange as an acknowledgment of his good services he hath done the Church of England. ' Pope's sneer', says Sir Sidney Lee, 'in a letter to Swift that the Tory Party "never gave him sixpence to keep him from starving" (Pope, WSee chap, vi., 187, note. 3 Observator, 5th January 1685. People look at him * with a fleering kind of compassion after that unanswerable piece 0. P. T. with such a look as I remember the City Marshall gave me when he delivered me up to the Keeper of Newgate in order to my execution, "Pray, sir, be civil to him, for he's a gentleman ", with one side of his mouth drawn up to his ear at the word gentleman '. 358 SIR ROGER L'ESTRANGE impossible condition is * no new Provocation '. Referring to this period in his Porti^aicture of King James II}, Titus Gates, after acknowledging the services of L'Estrange in his own case, says : ' Some of the Devil's brokers of the Popish- High-Church-non-juring Conspirators roared this, That hy taking the Coronation Oath James had already weakened the Prerogative, out of their pulpits by the direction of Old Hodge (L'Estrange) their guide '^. A further collision with the City Clergy was certain, but it came before the proposed truce was well out of his mouth. In their address to the new King, these gentlemen used the seemingly harmless phrase * our religion ', which to Roger's distempered mind set up a barrier between the Church and the Crown, and might be an inlet for any religious enthusiasm. Kot content with attacking this address, he followed up a week later by an extravagant eulogy of the Catholics — 'Their principles are known and certain, and the other {i.e., of the Church of England) unaccountable and vagabond'. At the same time he exposed certain popular scandals, such as those of idolatry and the doctrine alleged of the Papists, that ' King's may be deposed '. He still inveighed bitterly against a 'popular liberty of con- science'. In April he committed the crowning offence of developing the doctrine of the King's dual conscience, public and private, the former being immediately translated into the vernacular in the form All subjects are hound to he of their Sovereign's religion. In addition to the odium of his attacks on the Whig Clergy it cannot be doubted that his savagery directed to notable Nonconformists in the beginning of this reign swelled the popular indignation, and that men of the Hughes-Smithies type would be shocked by the prosecution of Baxter, following so close on Jenkyn's death in Newgate. As we saw, this was the occasion of an unequalled display of barbarity in the Ohservator (29th January 1685) which attracted Macaulay's severest censure. The account of 1 Iq four parts, 3rd ed., 1696, i., 97. '^ Sir Sidney Lee (art. L'Estrange, Diet. Nat. Biog.) quoting State Poems, ii., 182, says of the same period, ' the savagery of his polemics was approved by the Clergy who believed in his reiterated cry of "the Church in danger". The " minor clergy " at this period is said to have thronged Sam's Coffee-house in order to listen to L'Estrange, who sat among them "prating " to them "Like a Grand Doctor " '. This may have been true of 1681-3. By 1685 he was both too unpoi)ular with the City Clergy and too troubled with bereavement, gout, and fits, to play any such part. THE WHIG DEBACLE 359 Baxter's triaP does not mention L'Estrange, but we know that he selected the passages of the Paraphrase of the New Testament, on which the indictment was founded. Baxter himself has remarked in a note to be inserted in the second edition of his Para'phrase : ' I was for this book by the instigation of Sir Roger L'Estrange and some of the Clergy imprisoned nearly two years by Sir George Jefferies, Sir Francis Wilkins (Withans) and the rest of the Judges of the King's Bench '2. It was in January 1688 that the subject of a liberty of conscience began to be eagerly canvassed, and people naturally turned to the Ohservator to see what line the author of Toleration Discuss' d would take. The accommoda- tion which he had advocated, having proved ineffectual, the way of Toleration alone remained. In January, Trimmer is willing to bet a guinea that L'Estrange will eat his words and set up for a Toleration. The answer — * if I find the wisdom of my superiors that way inclined, I should never open my mouth against it ' — was followed two days later by a remarkable letter to the King. * Great Sir, — The world will needs have me to be a Roman Catholic and the report of it is so strong that I reckon myself bound both in honesty and respect to inform your Majesty that I am really a true son of the Church of England ' ^. A week before he had written Dr Charlet *. ' I can assure you that there is no thought of a Toleration. You heard I suppose of the Quo Warrantos against the 1 state Trials, xi., 494 (merely some notes taken by friends), and an even more cursory notice in Modem Reports, in., 68. 2 Life and Times of Richard Baxter, by Wm. Orme (1830), pp. 464-5 : 'The conduct of L'Estrange in promoting the prosecution of Baxter, is only in harmony with the other parts of his character. He was one of the most unprincipled, mercenary scribblers of the age ... he had often before attacked Baxter by his pen, he now employed a more formidable and dangerous weapon, the Attorney-General and L. C. J. Jefferies '. Of those other occasions of literary strife which had proceeded intermittently since the Restoration, Orme admits that Roger's Casuist Uncas'd in a Dialogue between Richard and Baxter (1680), in reply to Baxter's Nonconformists' Plea fm- Peace (1679) is ' a witty pamphlet, but wickedly intended ; yet the writings of Baxter furnished ample means for such a production, and it cannot be denied that Sir Roger makes a very dexterous use of them. The dialogue is often very humorous, so that it is impossible not to smile at the joke while we regret the object for which it is furnished. Baxter took it all very coolly. '* I have never had the schooling of L'Estrange, and so never taught him to understand my writings, and therefore undertake not that things incongruous shall not seem contradictions to him " '. Third Defence f(yr the Plea (1682), ii., 151. ^ Observator, 26th January, 1686. * Ballard MSS., xi. (54), 19th January 1686. 360 SIR ROGER L'ESTRANGE Universities, Deans and Chapters and of a Commission for an enquiry into Abbeylands, etc., and 20 stories of the same batch which are all shams. The Newsletters will go to wreck everywhere and if there shall be any steal out of the same stamp with what they used to be\ you'll oblige me in a word or two upon the matter. 'Tis almost as current here in London that the Ohservator is prohibited ^ and kicked out of the coffee-houses in Oxford, as anything in Oxford of what is done at London. I do not ask as doubting it, but I do believe that more or less, there was some fire for the smoke. 'Tis a hard matter to make a people that have been used to license and riot believe in the necessary pre- rogatives of an Imperial Prince to be less than tyranny and to distinguish between the King's authority and his religion. — I am, with much thankfulness, Your very faithful Servant, 'E. L'ESTEANGE'. Scarcely had this letter been penned, when a final attack on L'Estrange, this time without doubt from the City Clergy, was delivered, ' out of the mouth of the Church itself ', as Roger says. Like all good attacks, it begins its powerful assault by complimenting its victim as a gentleman and a scholar. To meet this Difference hetivecn the Church of England and the Church of Rome, L'Estrange had once more recourse to an English bishop. Compton had ordered the first sheet of the Difference^ etc., to be suppressed, and now our author thought him likely to be a sympathetic reader of his Ohservator Defended'^. In this tract he gathers up a bundle of miscellaneous charges — the chaff of the coffee- houses — as that he ' had threatened booksellers who presumed to print anything against Popery '. To conclude ' There were great pains taken before the opening of Parliament to make work on it, for a formal complaint, but the pretence would not hold water '. 1 See Wood, Life and Times, iii., 180. Muddiman's letters seem to have been specially objected to. * Yet other trite and lying letters came '. They returned in 1689 ( TFooc^, iii., 298). 2 Luttrell, Jan. 2, 1686-7 (i., 392) : ' 'Tis said Sir Roger is commanded to write no more Ohservators'. 2nd March 1686-7 (i., 396) : 'He hath certainly laid down writing anymore '. Under the same date Luttrell notes * the names of the Justices of Peace of Middlesex who desired his Majesty would dispense with their taking the oaths and Test'. Sir Edmund Warcup and his friend Sir Roger L'Estrange are among the seven. 3 Ranke (iv. 267-8) takes it as evidence of ' the change of feeling which had taken place in the circle of the Episcopal Church '. THE WHIG DEBACLE 361 This really finished L'Estrange's brawl with the Church. Further than a submission to his superiors in the matter of Toleration he would not go, and Trimmer's guinea may be fairly said to have been forfeited. The whole controversy leaves him much where he stood before. A vicious partisan truly, but sincere also. Granted Filmer's notion of Government we are landed at once in all the absurdities of L'Estrange's political creed. His religion, as he assured King James, was loyalty. Oxford applauded Eilmer's views. He only desired to carry them to their logical conclusion ^. In dwelling on L'Estrange's relation with the Church, we have omitted to describe those dignities and rewards which his fidelity had gained him. He had always been a 'Yorkist', and James hastened to make that 'scandal to all chivalry', Koger L'Estrange, a knight 2. Shortly after we hear of him as Crown candidate for Winchester, to sit in that Parliament which Macaulay has described as com- posed of the country boobies he delighted to picture the Tory gentry and clergy of that age^. Other historians invite us to scan the lists of Parliament to observe therein the most honoured names in English life*. But no one has ever denied the justice of Seymour's attack on the universal coercion adopted to secure the return of Court candidates, or grudged the pages which Macaulay devotes to this subject^. It has been already remarked that the Whig historian made better use of the Observators than most writers, and so in his catalogue of corruptions in connection with this election, he is indebted to L'Estrange's paper for one such instance. It is curious he should have omitted reference to Eoger's own case at Winchester which lay to his hand, and is at least as instructive as the election manoeuvres at Newport, Pagnell, Chester ^, or St Albans. 1 When Bohun was turned out of the Commission of the Peace by James II. (he had written 'a book against the Papists', which was refused a license) he ' began to consider whether the Filmerian doctrines could be reconciled with Liberty '. {JDianj of Ed. Bohun, Wilton Rix (1853), pp. 77 and 69). 2 Oldmixon, i., 695. Luttrell, Diary, i., 34, 30th April 1685: ' with a particular satisfaction he had in his loyalty '. 3 Macaulay (Popular Edition), i., 249-50. 4 Eachard, 1056 : ' It consisted for the most part of the late prevailing party, but of the richest and wisest men of the Kingdom'. Evelyn {Diary, i,, 595) corroborates Burnet's report which is of course unfriendly. Luttrell, Diary, i. , 341, has something to the same effect. So Coke, Detection, ii., 333 ; and Ralph, i., 861. J Macaulay (Popular Edition), i., 233-5. For the Chester election and defeat of the Whiggish Sir Robt. Cotton, see Ohservator, in., 25, 4th April 1685. 'You have here the Life and Death of Whiggism in these parts', is L'Estrange's comment. 362 SIR ROGER L'ESTRANGE There were two parts of the Kingdom where special efforts were needed to get the right man elected. As to the North, we have letters from Lord-Lieutenants and men in authority all over, eking out testimonies of loyalty with hopes and promises, mingled with cautions and threats in connection with the elections at York, Newcastle, Berwick, etc. A special anxiety is also displayed in respect to Bridgewater, Bristol, Salisbury, and Winchester, in the west and south ^. The judges were the main instruments of coercion, and Sunderland chief Whip of the King's Party. The last named city, the capital of Hampshire, was one of the centres of Whiggish disaffection. It elected two members, who had been for several Parliaments, Sir John Clobery and a Mr Morley. The honest townsmen had fixed on their re-election, and as the matter rested largely with the Mayor and the Aldermen, the choice was regarded as settled when on a Monday evening in March, Justice Levinz, then on circuit, received Sunderland's commands to force the names of two entire strangers, one Sir Roger L'Estrange, the other his creature, Chas. Hanse, on the community. ' My Lord/ says Levinz 2, * the next morning (being 3rd March) between 7 and 8 of the clock I sent to the Mayor of the Place to desire I might speak with him and his brethren. But he being laid up with the gout within a short time after, the Recorder and 3 or 4 of the Aldermen came to me and I acquainted them with what your Lordship commanded me. They told me it was late because they had pitched upon the others before, but some of them said they should choose Mr L'Estrange and Mr Hanse 3, since they were likely to be most acceptable to his Majesty, and some said they would have them and no others. The next morning Sir John Clobery having heard of this came to me, of which I was glad because I heard there began to grow a very great division in the Town about the matter intending to endeavour to persuade him to decline standing which upon the discourse, I then had with him, I had some hopes to effect'. Something of this growing division is conveyed in an 1 See numerous letters in >S^. P. Dom. Janus 11.^ i., 58, 80, 81, 82, etc. 2 S. P. James IT., i. 79. '^ That Sir Roger should be pressed on Winchester is bad enough, but that he was able to carry 'his comrade' Hanse is truly surprising. Soe II.M.C, llth RepL, pt. v., p. 123. Bp. Ken notifies that the election of L'Estrange was agree- able to the King's wishes. Duckett, Penal and Test Acts (1882-3), i., 42/. THE WfflG DEBACLE 363 anonymous letter to the Mayor on the same morning^ (3rd March). ' Mr Mayor, — It is reported that Bernard Howard ^ has recommended Mr L'Estrange to you to be your burgess in Parliament and that you intend to choose him. ... He is a papist. Have you read the book entitled The Ohservator Proved a Trimmer ? ' Sir John was not so easily dissuaded from standing, for the feeling of the townsmen and the support of the two Lord-Lieutenants made him think of defiance. All over the country reports of such sturdy resistance were coming in, and gave some slight colour of rebellion and the threat of military force ^. In the case of Salop the same means were employed *. The people who resisted or put up opposition candidates were t' horrid Whigs ', or ' those they call moderate men, i.e. Trimmers, as great rogues as live in the King's dominions, etc.'. What happened in the case of Winchester is conveyed in two letters from Howard of the 25th and 26th March. Clobery and Morley had a strong following both among the townsmen and gentry. The Earl of Gainsborough and Lord Camden went as near opposing the royal mandate as they decently could. Whilst giving out that they personally would take no part in the election, these noblemen gave instructions to their stewards to prosecute a vigorous canvass for Clobery and Morley. Hence the first letter referred to ^, asking the Government to convey a hint to Gainsborough, ' to say that his Lordship hath given new instructions, that he will serve them (the Tory candidates) with his interest, not vote against them '. The second letter says that Gainsborough ' will neither write nor vote for us, but be well enough pleased to have the Whigs in commission under him'. The loyal Howard proceeds to regret that His 1 Ohservator, 12th March 1685. 2 The Recorder of Winchester, whose partisan letters to Sunderland are sufficient alone to justify Macaulay's strictures on this period. ^ S. P. James J I., i. 81, 3rd April : ' My Lord Derby had ordered the Deputy-Lieutenants to draw part of the Militia into Lancaster where the election is, for the rabble will certainly commit some grand riot against the gentry, if they do not actually rise in rebellion'. See the Ohservator, iii., 25 already alluded to for an account of these tumults. * Ihid., 80, 4th April 1685. 'The King was so gracious to Mr Lewson as upon his account to order Capt. Orme to desist '. See also Jeffries to Sunderland {iMd., 82) : 'Hamden will assign his interest to Sir Roger Hill, who now sets up a horrid Whig'. 5 Ihid., 64. 364 sm ROGER L'ESTRANGE Majesty's Lord-Lieutenants should be so factious. At the same time he encloses — surely the most scandalous feature of the later Stuart reigns — lists of the factious on the Commission of Peace ^ The result of these underhand dealings was that on the 26th Clobery and Morley at a meeting of their party decided 'that their numbers were inconsiderable', and the same night 'the Mayor sent us word that they had both declared that they would give over the contest, and we have just now chosen Mr L'Estrange and Mr Hanse'^. Of Morley we hear no more ^, but Clobery, unwilling to suffer a total eclipse, a month later sends Sunderland notice of a poor girl of sixteen called Kemp, who was heard to speak wild words of Charles 11. having been murdered by his brother *. By such means could an English gentlemen seek to vindicate his loyalty ! This Parliament is remarkable for what must be almost the earliest example of the meeting of the leaders of parties on the eve of Parliament. It speaks something for the position L'Estrange had gained in the Party, that he took a leading part in addressing the loyal gentlemen who met at the Fountain Tavern in the Strand, the day before Parlia- ment met ^ His name, however, does not appear prominent in the debates which followed, and which were interrupted by the news of Monmouth's rebellion. One measure, the last passed before the adjournment caused by that event, must have pleased him. Macaulay has expressed surprise that the Press Act ' which would in our age convulse the whole frame of society ' was revived with a batch of other Acts, no care being even taken to define the old Statute. Its renewal with 'every clause, article, and thing therein' was taken as a matter of course, as the legislators of 1660 1 aS^. p. Dom. James II., i., 66. 'Your Lordship will see by the enclosed testimony of the present Mayor (Mr Penton), Mr Fletcher and Mr Hanse, how true that is which you could not believe of Mr Morley '. As to the townsmen, ' I have comforted them by assuring that they shall have the custom of all my friends both now and when the Coxirt conies dcnvn '. 2 Ihid. 3 He appeared for Winchester in the Convention Parliament. Duckett, op. cit., i., 427. 4 ^S-. P. JainesIL, i. (93). 8 Ohservator, 27th May 1685, quoted by Macaulay, Popular Edition, i., 249 ; Verriey MSS. {H.M.G. App. to 7th Rep., p. 499), 10th March 1685 : 'There's mad work in many elections. L'Estrange and his comrade, I hear, is chosen at Winchester '. Ibid., 13th May : ' The Town says that Sir Roger L'Estrange shall be a Lord '. Luttrell, Diary, i., 367 : ' There is a report that Sir Roger L'Estrange is to be made a Master in Chancery '. THE WHIG DEBACLE 365 proceeded to delete the legislation of the previous twelve years, so the ' loyal ' Parliament of 1685 took up the thread where it had been dropped by the tumultuous Parliament of 1679 1. The expiry of the Act in that year was not a mere accident as we have seen, and when in 1695 the Act was finally dropped, the Commons could give eighteen good Whiggish reasons why it should not be continued 2. The best proof that the Stationers were securely gagged is that we hear no more of them in this reign. The Ohservator closed at the 244th Number of the Srd volume ^, 2nd March 1687. It is observable, however, that from the moment he began to lose the favour of the Church, all life seems to drop from L'Estrange's pen, which may serve to prove the sincerity of his attachment to the Anglican Establishment, rather than how much he feared a coalition of his enemies. The triumph over the Monmouth Eebellion had carried him, as Macaulay remarks, into the fiercest excesses. His visit to Scotland in 1686 and setting up a Press in Holyrood, to persuade the Scottish Parliament to repeal the Tests, to dispense with which he with others petitioned the King, had not added to his popularity. As member for Winchester he was specially interested in the upheaval in the West, and must have remarked with mortification that the City which had the honour to be represented by himself and Hanse provided — on his own com- putation — no less than four hundred to the rebel host. Worst of all, of these only some twenty, or thirty were declared Dissenters K In the Great Civil War the contrary had been true. Hence the bitterness now for the first time quite openly directed against the Church in his Beply to the Reasons of the Oxford Clergy against Addressing. The spirited resistance of these gentlemen to the high-handed 1 Bigmore and Wyman, Bib. of Printing^ ii., 127. Kalph, i., 981 : 'The very party (Church) who first prepared this Act . . . were made liable to the smart of it', i.e., from Catholics. 2 Lords' Journals, xv., 5456, chap, v., 5a. For an account of the new severities in the Press, see Reasons Humbly Submitted for the Libei'ty of Unlicensed Printing {\%^2t) ; Macaulay, Hist, of Eng.^ chaps, xix. and xxi. 3 There is some notice of the setting up of a Catholic Press by L'Estrange at Holyrood, 1688. See Fountainhall's Historical Notices {\M^), p. 744, and Wodrow's History of the Sufferings., p. 371, quoted in Mr Hume Brown's Hist, of Scotland, ii., 438. For the Catholic Press set up by Jas. Watson at Holyrood see article Jas. Watson, King's Printer, by W. J. Couper— *Sfco<. Hist. Rev., vii., 27. 4 Reply to the Reasons of the Oxford Clergy (Somer's Tracts, ix., 36) : 'Go down to Winchester where were above 400 of the meaner sort, and except 20 or 30, all declare themselves to be of the Church of England '. 366 SIR ROGER L'ESTRANGE conduct of Parker, their Bishop, who insisted on their participating individually in the Address, invoked the intervention of him whom Scott calls 'the Coryphaeus of his party'. All his usual cautions are thrown aside, and the Church is roundly attacked for harbouring the main supporters of the two late conspiracies^. Little wonder that what with his attacks on the Dissenters within the Church, the ' Grindalisers ', Hughes and Smithies, what with his appeals for accommodation and reunion and his present open attack, he found it difficult after the Revolu- tion to defend his attitude, and that despite death-bed and other protestations, those divines who wished rather to remember his earlier services found it difficult to ' vindicate an injured memory '. His friendships, too, must alone have exposed him to attack. From Cartwright's Diary ^ we learn that he was on familiar terms with that hated prelate and his friends. He was associated with Sprat, Parker, and the Bishop of Ely. His lay friendships as we have seen were as notorious. Guise, Armiger, Harwich, and L'Estrange were the persecuting party in the Middlesex Justices, allied with North, Moore, and Wright of the City, with Graham, Burton and Hanse at the Law Courts, and with Sir Edmund Warcup and Justice Withans on the Judges Bench. In short he was a main figure in that experiment of absolute rule which has provided the Whig historians with the part of their argument which is unanswerable. 1 Somer's Tracts, p. 38. 2 Diary of Br Thomas Qartwright, published by the Camden Society, 1843, pp. 4, 5, 45, etc. CHAPTEK XII THE REVOLUTION The Eevolution of course brought ruin and the long threatened Parliament to L'Estrange. With Sprat ^ and others he had dropped off before the end, but his name was too prominently associated with every attack on liberty to make him immune from vengeance. It has been said that the Ohservators ceased, because L'Estrange could not go back on Toleration Discussed, This is not quite true, for, as we saw, he was prepared to eat his words in that much-vaunted performance, but to sign his name to the unnatural union between Dissent and Eome, which the Court contemplated, was too much for him. He was by no means an opportunist, and displayed a degree of fanatical persistence on behalf of the Crown, which is deprecated even by Hume, Johnson, and Swift ^. The first news we have of him after the Eevolution, is of his commitment in December 1688. Apparently he was not immediately seized like Jeffries^ and Walker, but a specific pretext for his arrest was alleged, that of ' writing 1 See his Letter to Dorset (1689) quoted in Gibber's Lives, ed. 1753, iii., 237. 2 « A superficial, meddling coxcomb ' is Swift's tribute (not in his hand, however) in one of his Notes on Burnet, Airy's ed., ii., 221. 3 Though they were associated in the popular mind. See the ballad Rome in an Uproar (Roxburghe Ballads, iv., 309), 'the work of some convicted libeller such as John Tutchin', says Mr Ebsworth, and Charles Blount's {Philopatris) poem. The Olservator, o7' the History of Hodge, beginning ' Stand forth thou grand Impostor of the times '. That Hodge should ' dance the long jig ' was the hope and expectation of the rabble. In the outburst of crude poems on the model of Absalom a7id Achitophel which increased at the Revolution, we find several in which L'Estrange appears as Absalom Senior or Achitophel Transprosed and Uzziah and Jotfoam (1690). Roger finds a place in the latter after Peters and Jeffries, under the name of Rabsheka {sic). He is ' the State's keen spy .... whose wit beyond compare, could subdivide an atom, split a hair '. With * nicknames of distinction ' and * cramp words ' he kept the nation in a pother. On the whole, however, with the exception of attacks like Oates' Portraictiire of King Jaines II. , and Phillips' Secret History of Charles II. and James II. Sir Roger came off rather lightly. 367 368 SIR ROGER L'ESTRANGE and dispersing treasonable papers against the Government '. Two Jesuits shared his fate^. He had evidently taken to the old trade of the Interregnum 1659-60, but with less skill or fortune. We shall find that on the discovery of the two most dangerous conspiracies of this reign, that of Ashton's Plot in 1691, and again in the Fenwick Affair of 1696, our fabulist was promptly committed. It is extremely unlikely that these arrests were anything more than precautionary measures, or that Sir Roger was more indiscreet than to write or disperse an occasional fireball. Of these, however, we find no trace with the exception of Ashton's paper found on his person. But the fact that on two occasions, he seems to have been taken in the company of Jesuit plotters, points to some lack of prudence on the part of such an old 'plot-learned Knight'. That he refused to take the Oaths to the Government after 1696^, that he was cautioned to moderate the tone of his reflections in his JEsop and Se^iieca^, that he was committed on the two or three crises of the reign, these facts sum up our know- ledge of his relations to William's rule. In Queen Anne's reign, we actually find this aged incendiary and moralist (he was eighty-six when Anne succeeded) once more solicit- ing employment and seemingly not without hopes of success *. Whilst L'Estrange as a political force, is extinct after the Revolution, we learn more of his private life during the last decade of the century, and above all of his relations with the booksellers, than at any corresponding earlier period. What we know is as in the case of Dryden's last years, and still more of Settle's, intensely unhappy. The shadow of the Government's displeasure shown in the arrest of December 1688 referred to, and the more injurious circumstances of his seizure in the Assassination Plot of 1 Kenyon MSS. Reports, Commissioners, 34, p. 211, 18th December 1688. Father Hall and Father Peters' brother are the two Jesuits. 2 Ballard MSS., xi. (79). Justice Warcup to Dr Charlet, 28th November 1696 : ' Poor Sir R. L. S. told me he is (among others) convicted for not taking the oaths to the Government, which subjects him to all the penalties of a convicted papist'. ^ u'Esop at Richmond [To the Reader). 'He (R. L. S.) told me privately he had been informed that some of his works had been directly against his will, rendered disgustful and obnoxious to the best of Kings and Governments '. "* H.M.C., App. vii. to 11th Rept., p. 114 — R. Sare to Sir Nicholas L'Estrange, 10th March 1704-5 : ' He would soon have made himself capable of preferment, and in order thereto, I had got the Queen's letter for him '. For some account of Sare, see Notes and Qwries for 6th August 1910. Engraved far tluD evils' Brcker SEIZURE OF JUDGE JEFFRIES AT THE REVOLUTION. [Face p. 368. THE REVOLUTION 369 March 1691 1, was scarcely relieved by the appointments of his old enemies to good posts. Oates had his £400 pension, Trenchard took high office, * Julian ' Johnson was rewarded, and even ' honest ' Stephens, the Press messenger, got back his place 2. Shadwell was on the throne vacated by Dryden. Worst of all the ' Mephistopheles of the faction ', Aaron Smith, ' Oates' legal prompter ', became solicitor to the Treasury and Chancellor of the Exchequer. 'Lord Grey was given office and an earldom, and Fergusson a sinecure in the excise with a salary of £400 a year ; Wildman, the first ' proposer and mover ' of the assassination scheme, was made Postmaster-General, the sentence on Walcot was reprieved ^, The feeble Eraser ' a poor broker of books ' succeeded him as licenser, to be succeeded in turn (August 1692) by the Tory Edmund Bohun, who was accused of being 'a second L'Estrange'^ Devoted to literary employments — which poverty made necessary — Sir Koger contemplated the full circle of fortune with some of the fortitude his Seneca might have approved. Unfortunately his home life was wretched. His wife, Ann Doleman, the ' young lasse ' wedded to ' an old fellow ' of 1680, had found the card- table more attractive than the incessant political wrangling in which her husband found his being — wrangling of a kind which affronted her father's politics ^ 1 C.S.P.D. (1690-1), p. 291, 3rd March 1691, Viscount Sydney to Nottingham. ' At another place was found Sir Roger L. and two Irish Papists with Mr Assheton's paper, thrown under the table, and in his pocket several memoranda, that we do not yet know what to make of '. Assheton's paper was the declara- tion left behind after execution, ' in which he owned his dependence upon K. James and his fidelity to him '—Burnet. Luttrell, Diary ^ ii., 189 (March 1691) notes that he was taken with Capt. Throgmorton and Father Francis. 2 C.S.P.D. (1689-90), p. 3. Warrant to Robt. Stevens, Messenger, and Inspector of Printing Presses. His office seems from the title to have been enlarged. Dunton, Life and Errors, p. 253 : ' If I printed a book that had no license, I took such care to dazzle his eyes, that he could not see it', which bears out Roger's attacks. Yet 'perhaps none thought him as black as the Observator makes Stevens '. ^ Sitwell, First Whig, p. v, 4 Of Fraser, Bohun {Diary, Wilton Rix, p. 110) says : ' Under him the Whigs had golden days ', but he seems by the flood of Jacobite literature to have been no ' bloodhound of the press '. Bohun's patron was Nottingham, to whom ho was recommended by the Bp. of Norwich. He was voted into custody by the Commons, 20th January 1693, for licensing Blount's King William and Queen Mary Conquerors. ' I was a Jacobite, a tub-preacher, a hackney-writer under Sir Roger L'Estrange ', He was called * L'Estrange's amanuensis ', etc. See Reasons Uumhly Offered for the Liberty of Unliccn.sed Printing ; v>ith the True Character of Mr Ed. Bohun (1693) : ' Mr B. and Sir R. are cronies, and 'tis well known have acted in concert ', There is no evidence from L'Estrange's side that he even knew Bohun. 5 Chap, viii., 240, note. 2 A 370 SIR ROGER L'ESTRANGE There were three childreD of the marriage ; the first a son, died in February 1684 when his father was starting a new volume of Observators ^. His daughter must have been born shortly after, for in 1694 we gather she is a girl in her teens, and her conversion to Eome in 1700 could scarcely have taken place much before her twentieth year. A second son, Roger, was a youth at school when his father was lying in prison in connection with the Fenwick con- spiracy, 1696 2. The full force of the misery existing at the household in High Holborn can best be understood from a letter or two which have survived in the Muniment Room at Hunstanton. The first of these worth quoting in this con- nection is dated 2nd July 1693, and addressed by Sir Roger to his grand-nephew. Sir Nicholas L'Estrange, the present squire. It is pleasant to relate that his dark fate was relieved by the occasional kindness of Sir Nicholas and his lady. At the moment referred to, Roger's daughter had found a refuge from the sordid misery of her father's house at Hunstanton Hall. ' My heart aches ', writes the old Knight ^ * for fear of that addle-headed stubborn girl of mine, that has the honour to be under the protection and charity at present of your roof '. If her behaviour to Sir Nicholas and his lady be what the father trembles to think of — he continues — he will not suffer her longer to be an encumbrance to her best friends in spite of the reduced condition of his fortunes. Less than a year later the ' addle-headed ' girl lost her mother, and if any letter can do credit to L'Estrange's heart that which he then penned to Sir Nicholas must do so. ' 1th April 1694, 12 at noon. * Play and gaming company have been the ruin of her wretched self, her husband, and her family ; and she dies with a broken heart ; but after all I have said, never any 1 Observaior, 13th February 1684. • Trimmer. Your only son is dead, I hear, and methinks when the hand of God lies so heavy upon ye, you should find something else to take up your thoughts than the writing of Observators. * Observator. The poor creature was born upon Good-Friday 1678, and he died Thursday last, 7th February, and I do persuade myself that it is as great a loss as ever any man suffered in a child under six years of age '. 2 H.M.C., x\p2). vii. to llth Kept., p. 112. s Ibid.^ p. 111. This girl is possibly the child mentioned bv Luttrell {Diary, i., 340, 30th April 1685), as christened by the Bp. of Ely, "Sir Thos. Doleman, gotlfather, on the day Roger was knighted. Sir Sidney Lee (art. L'Estrange, Did. Nat. Biog.) thinks it may be the boy mentioned above. He also seems to think that her ' religious vagaries ' were the only cause of her father's anxiety. THE REVOLUTION 371 creature lost a dearer wife. She made mention often of yours and your lady's generous and charitable friendship to us both, in your goodness toward the poor girl'^ The extreme opposition between the politics of her father 2 and of her husband may have added to the difficulties of the household. Something had been hoped to relieve their embarrassed finances from Mrs L'Estrange's reversion on the Doleman estate, but it was the melancholy duty of Eoger's publisher, Eichard Sare (who replaced the Bromes, and seems to have pretty well taken over Sir Roger's monetary affairs) to announce to the squire of Hunstanton that the lady had gambled away a large part of her reversion. Judging by the time it took to settle this matter we may infer the tangled nature of L'Estrange's affairs. The question was not finally settled when that conspiracy which so much resembled the Rye House Plot in its purpose and effects swept all Jacobite suspects into gaol, and aroused Parliament to imitate by an association the Protestant fervour of 1584 ^. The main seizures of the discovery which is so fully related by Burnet, took place on the nights of the 22nd and 23rd February 1696. The fact that L'Estrange was not com- mitted till 6th March* shows that, in his case, bare suspicion was the motive, and we scarcely need his assurance communicated to his grand-nephew, three weeks after his arrest, that he has ' held himself clear of contriving, fomenting or being privy to any one point of the Plot now in agitation ' ^. How long he lay in prison beyond the three weeks noted here is uncertain, but again in November of the same year we find him convicted for not taking the Oaths to the Government ^, and on this occasion his imprisonment lasted till January of 1697 at least I 1 JI.M.C, App. viL to mil Rej)t., p. 111. - Doleman on the Succession was a classic on the Whig side. ^ See A Sumnmry Account of tlie Proceedings upon the tiappy discovery of the Jacobite Conspiracies, 7th March 1695-6 {Reports, Commissioners, 26, 20d), con- cluding, ' You must not expect a license for this, for Sir Roger L'Estrange had last night the mishap to be committed close prisoner to Newgate '. L'Estrange is not mentioned in the Informations taken in connection with this Plot. State Trials, xii., 1302. ^ Luttrell (iv., 24, 3rd March 1695-6), Col. Graham, Sir John Friend, Sir Roger L'Estrange taken. 8 H.M.G., Am}, vii. to Wth Rept., p. 111. Sir Roger L'Estrange in Newgate to Sir Nicholas L'Estrange at Hunstanton, letter initialled R. L. « Ihid., p. 1121 7 Hid, 372 SIR ROGER L'ESTRANGE From the extraordinary outburst of ^sopic skits which followed his ^sop, we gather that his imprisonment had, despite Sare's kindly assurances to Sir Nicholas, affected his health which had never been good since his first apoplectic seizure in 1683^. If we may judge from these wretched productions, he visited successively Tunbridge Wells, Bath, and finally crossed the river to Richmond Wells ' so famed of late '. jEsop at Richmond, recovered of his late illness, dedicated to his B. H. Duke Humphrey^ is the title of one of these, dated 1698, when Sir Roger was preparing the second part of his Fables and finishing his eight years' task on Josephit^s. In 1700 we find him, in his letters to Caryll 2, very feeble. * I have neither eyes nor fingers', he says^ and when he does write himself, it is in a very quavering hand though the spirit is still brave. At the moment when his Josephus is about to appear, we find him undertaking, with the help of his nephew as amanuensis (his own hand, he says, would be a scandal to the copy) to prepare or correct a version of St Evremond's Memoirs, which he regards as very worth- less and * not worthy of Mr Caryll's pen ' *. The project was accordingly set aside for the moment, though, such was the appetite for this literature of amours, much appeared of these Memoirs a year or so later. This appears to have finished his labours. There was some difficulty over apportioning his Josephus expenses among the various undertakers, which caused him to utter some fretful words, and the work did not appear till 1702 ^ Boyer says that his faculties were much impaired during his last years, 1 Luttrell, Diary, i., 252,; 5th March 1683: 'Mr R. L. hath been lately very much indisposed with fits '. April 1692 (ii., 414) : 'Sir R. L. was seized yesterday with an apoplectic fit, and is since despaired of '. 2 For some notice of this patron of letters, who introduced Pope to Steele, see Life and Times of Rich. Steele, by G. A. Aitken (1889), i., 87. 3 Letter to Caryll, 3rd September 1700, Add. MSS., 28237, f. 4. 4 Letter to Caryll, 15th September 1700, Ibid., f. 8. It may be of some interest to remark that as his first essay in translation, the Qzcevedo, was designed to revenge himself on the women and lawyers, so he declined the St Evremond Memoirs, the last project with which he was connected, on the grounds that * the whole is but a satyr upon women under the cover of novels and morals'. 5 Roger L'Estrange to Caryll, 18th October 1700, Add. MSS., 28237 f. 12: 'The story is as follows. I was hard pressed by some booksellers to translate Josephus, and came in the end to an agreement with them, for a convenient sum of money and 50 copies for my pains, one half in common paper, the other in royal. The 50 copies I have reserved to myself upon this bargain, are to be raised upon 50 subscriptions with receipts to them under my own hand till the number is out'. Ibtd., f. 10, Roger L'Estrange to Caryll, 5th October 1700 : ' It is no secret that I have consulted my own advantage in this impression'. The ' convenient sum ' was £300 {H.M.C., llth Rept, Axjp. vii., 113). THE REVOLUTION 373 and this has been copied by the later biographers. If so, there is little sign of it, other than physical, in his latest letters, and we see him actually soliciting office down to the last moment. He was then much exercised by the fear that posterity, to which he had so long strained his vision and which has cared so little for him, should remember him as a Catholic. The last blow, the con- version of his unruly daughter to Eome, increased the dread to such a pitch that he committed to his friend the Jacobite Bishop of Ely (who had been her godfather) a solemn statement on the subject, and the task of con- futing the calumny if need be. ' I6th Feb. 1702-3. * The late departure of my daughter from the Church of England to the Church of Eome ', he says, * wounds me to the very heart of me, for I do solemnly protest in the presence of Almighty God, that I knew nothing of it, and for your further satisfaction, I take the freedom to assure you upon the faith of a man of honour and conscience that as I was born and brought up in the communion of the Church of England, so I have been true to it ever since with a firm resolution with God's assistance to continue in the same to my life's end. Now in case it should please God in His providence to suffer this scandal to be revived upon my memory when I am dead and gone, make use, I beseech you, of this paper in my justification, which I deliver as a sacred truth. — So help me God. * EOGEE L'ESTEANGE ' \ Many years later (30th August 1735) Dr Tanner writing to a friend says : ' The emissaries of the Church of Eome are very busy when our senses and faculties decline, and it was Sir Eoger L'Estrange's desire (after his daughter had been seduced into that communion) that all those gentlemen should be kept from his dying bed, he being no stranger to their compassing sea and land to gain proselytes ' 2. Despite the injury done to his credit with the Church in James II.'s reign, Eoger maintained for many years a very particular place in the affections of the High Party in the Church. We find, for example, Dr Charlet, a few months after the above letter, urging the same defence against ' a D.D. of our 1 H.M.C., App. mi. to nth Rept., p. 118 ; cf. Sloane MSS., 4222, p. 14, 2 fiallard Mas., vol. xix., No. 18, ' ' r 374 SIR ROGER L'ESTRANGE church of Hereford (who) has spent his time so laudably as to publish a new English translation of ^sop's Fables, and reflecting on Sir R. L. S. for apostasising in extremis to the Church of Rome ' \ The accession of Anne naturally inspired new hopes in Jacobite breasts, and, such was his incredible spirit, even L'Estrange at eighty-six looked for a renewal of employment. In the midst of these hopes he died ^, 12th December 1704, in the eighty-eighth year of his age, ' during the latter part of which', says Chalmers ^ 'his faculties were impaired'. It would be difficult even in that great age to point to a life more full of contention, of greater span, and down to the last ebbings, despite more than common disasters and insults of fortune, more occupied with affairs^. He had been Cavalier, poet, musician, surveyor, magistrate, Projector, Journalist, Government spy and apologist, Royal Com- missioner, Prince of Pamphleteers and Translators, and in all capacities by force or violence had made himself out- standing, hated by the many, loved by the very few. ' I have had ', he said, ' an unlucky hand, and so must every man expect, that makes so many men his enemies, as value a trimming interest before an inflexible honesty ' ^ 1 Ballard MSS., vol. xix., No. 30. 2 H.M.C, App. mi. to 11th Rept., p. 114. R. Sare to Sir Nicholas L'Estrange, 10th March 1704-5. ' The death of poor Sir Roger was very sur- prising. The Captain gave good reason to hope he would soon have made himself capable of preferment and in order thereto I had got the Queen's letter for him. The trouble about Sir Roger's concerns will now by this loss be quickly over and all matters may safely be resigned to his davighter'. ^ Article L'Estrange in Chalmer's Gen. Biog, Diet. (1815) pp. 205-11. The reference to impaired faculties is copied from Gibber's Life of Roger L' Estrange (ed. 1753, iv., 295-303), which in turn is taken from Boyer {Queen Anne, p. 38). * He was suffered, however, to descend to the grave in peace, though he had in a manner survived his understanding', is Gibber's paraphrase of Boyer's — 'He went to his grave in peace though he had in a manner survived those intellectuals he enjoyed to an uncommon perfection'. '^ In addition to the portraits and engravings of L'Estrange noted by Sir Sidney Lee (art. Diet. Nat. Biog.), viz. : a Kneller at Hunstanton (painted 1684), the Lely exhibited at South Kensington, 1868 (714 on Gatalogue), and a mezzotint by P. Tempest 1684, we have R. White's engraving from the Kneller in the ^sop (1st part) and two fine engravings, one a mezzotint with autograph in the Sutherland Collection at the Bodleian. See Catalogue of tlie Sutherland Collection of Portraits, i., 593. 5 L'Estrange's Tioo Cases Sxibmitted to Consideration, etc., printed from his original MSS., 1709 (printed as a single-sheet folio, 1687). Even Dunton, to whom Nature gave such a large share of the milk of human kindness, has his gibe. His portraiture of L'Estrange {Life and Errors, p. 265) was probably written in Roger's last year. 'His sting is gone and since his weekly Satire is fallen asleep, is no longer a guide to the Inferior Clergy. Hark ye, Sir Author ', says Dunton to himself, ' comes a little piece of crape buzzing in my ears— consider what ye say and do. There is a respect due to the unfortunate, especially to those who have been great and are still men of sense and ingenuity'. THE REVOLUTION 375 It is of L'Estrange in the last mentioned capacity — that of Translator — that we come to speak now. And first there is the question of his relations with the booksellers, a race of whom Malone says, ' their conduct in the seventeenth century was less liberal, and their manners more rugged than at present '\ 'Sir Eoger', says Gibber, ' having little of paternal fortune, and being a man rather profuse than economical, he had recourse to writing for bread ', the trade which, according to the same writer, Howell introduced I The gibe — so it would be considered in that day — is scarcely true of any lengthy period prior to the Revolution. Whilst in the long period of the Surveyorship he found it profitable to eke out his living with an occasional French or Spanish translation, he depended much more on his lucrative monopolies. His first dip into the world of translation was during that brief period following his loss of the Newshook, when the secretaries desired to dispense with his services. His publishers during the entire thirty years from the Interregum agitation, when both printer and author were involved in a common danger, to the last months of James II.'s reign, were the Bromes, 'honest' Harry, then his widow, and latterly his son Charles ^. The great publishers Sare, the brothers Churchill, and Gilliflower came to his rescue after the Revolution. Tonson and Curll, especially the latter, held the copyright of his facetice in the age of Anne and George I. In the furious agitation of 1679-81, and when in exile, it is clear that our author was in very low water from the withdrawal of his office and the virtual loss of his patents. The republication of his old Restoration anti-Presbyterian works was hit on both as a means to punish the faction and to reimburse the author. Never was author more loyally served by publisher than L'Estrange was then by Harry Brome, who has been preserved in many an abusive cartoon as the broom between the dog Towzer's legs*. Roger's writings during these troubles were very numerous, but except for his History of the Flat, and his translations 1 Malone, Dryden, quoted in Nichol's Illtcstrations, i., 293. 2 Cibber, Lives, ii,, 34 ; and iv., 293. Johnson, however, says that L'Estrange was the first author he could find who was regularly enlisted in party service for pay. Needless to say the race of Nedham and Birkenhead was earlier. 3 For some account of this notable bookselling family, see The Earliei' History of English Bookselling, by Wm. Koberts (1889), p. 104. •1 Sir Sidney Lee {o'p. cit. ) notes the longevity of the ' Towzer ' nick-name and quotes Defoe complaining (1703) of a pirated edition resembling the original no more than the dog Towzer resembled L'Estrange, 376 SIR ROGER L'ESTRANGE of Cicero, Erasmus, and Seneca, were mostly forced upon him in the controversy which his temerity provoked. During the later years of Charles' reign and the three years of his successor, his figure was so great and his monopolies so lucrative that he was far from the necessity of ' scribbling for bread '. Yet these years are responsible for a great deal of work, to say nothing of his Ohservators with their * prodigious gain '. But with the Revolution we enter a new field. There was scarcely as, in 1679-80, much hope of restitu- tion of office, save by a counter-Revolution. His old works, mostly ephemeral in their nature, had no sale, and he could not under the new licensers republish or refurbish them as in 1681-2. The household at High Holborn was, we have seen, ruinous. Then began at seventy-two the courageous struggle for bread, which was sometimes relieved by the presents of anonymous admirers, and which at any rate kept him from descending to the levels his old antagonist Settle had reached. His fame made this profession of letters, despite the venality of the booksellers, on the whole not unsuccessful. In a letter to Sir Nicholas, dated 5th October 1700 \ announcing the opening of the subscription lists for Josephus, he says people have been mightily concerned a long time to know how he lived, some maintaining that he has an estate of his own, others that he is supported by his relations. He speaks with a due acknowledgment to Sir Nicholas for many charitable offices, but he has no settlements or annuities. Finally 'I have received very considerable presents from divers persons, not so much as known to me by their names as a reward for my goodwill to the publique ^, but after all this, my pen has been my chief support '. It may be desirable to preface an account of L'Estrange's works with a list of his essays in Translation ^. These are as nearly as we can state : 1, The Visions of Dom Francisco de Quevedo VillegaSy Knight of the Order of St James, licensed 26th 1 II.M.C, Apjp. mi. to 11th Report, p. 113. 2 So 12th September 1700, he acknowledges to Caryll (whom he suspects of the kindness) 'a glorious present of partridges. If you know the generous benefactor, give him my humble thanks'. Add. MSS., 28237, f. 6. ^ This list should be compared with the excellent one given by Sir Sidney Lee (art. L'Estrange, Did. Nat. Biog.) which though fairly accurate does not always give the first editions, omits the Machiavel and the Apology for the French Protestants, and confuses the 2nd part of the Fables, 1699, with the later edition of the 1692 ^sop. Nor does he mention the Plautus or state clearly L'Estrange's part in the Tacitus, which has been curiously obscured by all his biographers. THE REVOLUTION 377 March 1667, published the same year, 6th edition, December 1678, price 6d. 2. A Guide to Eternity, Extracted out of the Writings of the Holy Fathers and Ancient Philosophers, by John Bona, 1672, 2nd edition, May 1680. 3. Fi'oe Love-letters from a {Portuguese) Nun to a {French) Cavalier, licensed 28th December 1677, published 1678, 2nd edition, 1693, a French and English 'second' edition 1693. The authorship of Five love-letters written ly a Cavalier in Answer^ etc., 1694, with a second edition 1701, where both appear together, is doubtful, as is also what Sir Sidney Lee rightly calls ' a disagreeable work ', the Love- letters between a Nobleman and his Sister, viz : F — d, Lord Gr — y of WerJc, and the Lady Henrietta Berk-ley, by the author of the ' Letters from a Nun to a Cavalier^ (1693 ; 2nd edition, 17341. 4. The Gentleman Pothecary, a True Story, Done out of the French, 1678, ' a volume of curious indecency * —2nd edition by Curll, 1726. 5. Seneca's Morals by way of Abstract, December 1678 ; 2nd edition, 1680 ; 5th edition, 1693; 7th, 1722. 6. Tully's Offices in 3 books, May 1680. 6th edition v revised by John Leng, Bishop of Norwich. 7. Twenty Select Colloquies of Erasmus Boterodamus, ^ pleasantly representing several superstitious Levities that were crept into the Church of Borne in his days, November 1679; 2nd edition with two added, 1689, issued with Tom Browne's additional seven and Life of Erasmus, 1709. 8. An Apology for the French Protestants, in four parts, Done out of French into English, by Boger L' Estrange, May 16812. 9. The Spanish Decameron or Ten Novels made English, 1687, licensed 17th February 1686-7. 1 The Bodleian Catalogue assigns them probably correctly to Aphra Behn whose initials (A. B.) are put to the Amours of Philander and Silvia, being the second and last part of the Love-letters between a Nohleman and his Sister- (1693). See App. i.j Doubtful Works. 2 First advertised in Observator, i., 42, 13th August 1681. Original unknown, 378 SIR ROGER L'ESTRANGE 10. Besides these pre - Revolution works there was, probably begun in 1680, a translation of Don Alonso de Castillo Sovorcano's (Castillo Solorzano) called (in Curll's 1717 edition) The Spanish Polecat or the Adventures of Seniora Buefina, in four hooks, being a detection of the Artifices used hy such of the Fair Sex as are more at the Purses than the Hearts of their Admirers. Completed by Ozell 1717, and re-issued 1727 as Spanish Amusements. To the period when he most certainly ' wrote for bread ' belong : — 11. Fahles of ^sop and Other Eminent Mythologists, by Sir Roger L'Estrange, Kt., 1691, fol. with portrait, ' the most extensive collection of Fables in existence ' (Sir Sidney Lee). 2nd edition, 1694; others 1699, 1704, 1712, 1724; a French edition, 1714, and a Russian, 1760. 12. The Third Booh of Tacitus' Histories, 1694. 13. Terence, Six Comedies (in collaboration with Eachard), 1694. 14. He may have been 'one of the hands' in the translation of three of Plautus' Comedies, 1694-6. 15. Fables Moralised, being a Second Part of uEsop's Fables, 1699. 16. Josephus — The Works of Flavins Josephus compared with the original Greek, 1702. Besides these are one or two other scraps, a single sheet entitled MachiaveVs Advice to his Son, newly Translated out of the Italian into English verse by B. L., and A Key to Hudibras printed in Butler's Posthumous Works (1715), vol. ii., L'Estrange's authorship vouched for by ' the learned Dr Midgely'. Lastly he wrote the Preface to Fairfax's Translation of Tasso's Gerusalemme Liberata, 1687. It will be seen from this list that our author did not confine himself to classical translations, but that he was an important member of the group of * hackney-writers ' who were attempting to familiarise England with the choicer delicacies of Continental Belles Lettres^. It 1 Sir Sidney Lee (op. cit.) censures him for this branch of his works. But his age demanded them and very little of his share can be described as scandalous, viz: — The Gentleman Fothecary, and The Spanish Polecat in part. The Love-letters of Ford, Lord Grey^ we do not take to be his, THE REVOLUTION 379 should also be said that with L'Estrange, the seeming candour of the task is discounted either by a deliberate \ political choice of the work to be translated, or by a strong, often ludicrous, bias in the performance, especially in those belonging to the earlier period. So that we may divide his labours of this sort strictly into works which were purely bookseller's projects, and those in which ''twixt jest and earnest' he indulged the humours and spite of party which could not well be openly expressed. Thus it is that our earliest accepted ^sop, which still finds its editors, owed much of its salt to James II.'s abuse of his Dispensing Power, and Seneca appeared in English garb to rebuke the tumult of the Popish Plot V. crisis. Even the work of the gentle Bona was made r to express the disgust of a disappointed courtier at a turn of English politics. Erasmus' Colloquies were in Brome's lists described as 'against Popery', when L'Estrange desired to defend himself against the charge of being * popishly-afifected '. The translations need not, of course, suffer on that account. We find that he did best those things which spite or spleen dictated, and the modern reader who still wonders at the extraordinary vigour of some of his passages when compared with the original, must thank the human passion (which his originals deprecated) for this pleasing quality. The mind of L'Estrange was polemical, not scholarly, and therein as a translator he was happy in his age. The question of his equipment as a translator was not so serious then as it would be in a modern writer^. It was regarded as a good boast that an author had rather written a new work, than a faithful translation, and Dryden, relying on a dubious line of Horace ^, may be regarded as having leant his authority to his view. It is true Bentley warred against these loose notions, and the new century 1 ' The qualification of a translator worth reading, must be a mastery of the language he translates out of, and that of the language he translates into, but if a deficiency bo to be allowed in either, it is in the original '. Dryden, Preface to Life of Luoian (Malone's 1800 ed., iii., 388). 2 Preface to Ocid's Epistles, ibid., p. 15. ' Nee verbum verbo curabis reddere, fidus interpres', 'Nor word for word too faithfully translate' in Roscommon's much applauded version. So Sir John Denham to Fanshawe on his translation of Piistor Fido, ' That servile path thou nobly must decline, Of tracing word by word, and line by line '. Tytler {Essay on the Principles of Translation^ 3rd edit., 1813, p. 264) censures Penham for this advocacy. 380 SIR ROGER L'ESTRANGE opened with a protest from Sir Edward Sherburne, prefixed to his translation of three of Seneca's tragedies, 1702 ^. But Dryden's authority, affirming that of Denham and Fanshawe, naturally prevailed over the close translation, and what Tom Browne called the ' ridiculous affectation of antiquity '. Nor can we blame the taste of the day, which looked back to the race of ' servile copiers ', to Ben Jonson, Feltham, Sandys, and Savile, men who, according to Dr Johnson, by creeping after the Latin idiom and diction did nothing for the language. Cowley was one of the first who saw a better way, who 'left his authors,' and by adopting a greater , freedom was able to preserve the English idiom. 'It was I reserved for Dryden ... to give us just rules and I examples of translation', says Johnson. The translator I ' is to exhibit his author's thought in such a dress of diction as the author would have given him, had his language been English'. It is unfortunate that this reaction from the earlier 'verbum verbo' school of Johnson and Sandys, involved more than a freedom in the turning of phrases according to the genius of the different tongues. In Dryden to some extent '^, in L'Estrange, Eachard, Spence, Phillips, and Tom Browne ^ to a much greater degree, it involved two things more, the utmost license of diction and the accommodation of . manners to suit modern notions. So that Rome of the third f century B.C. became London of the seventeenth century, and Vitellius is to swagger and bully like Captain Otter. In France, needless to say, the same phase had appeared, but whilst Roman heroes masqueraded as courtiers at 1 Johnson (Dryden, Arnold's Six Chief Lives, p. 181), Sir Ed, Sherburne, 'a man whose learning was greater than his powers of poetry, and who being better qualiHed to give the meaning than the spirit of Seneca, has introduced his version of Three Tragedies by a defence of close translation. The authoi'ity of Horace which the new translators cited in defence of their practice ("Nee verbum verbo ", etc. ) he has by a judicious explanation taken fairly from them ; but reason wants not Horace to support it '. Johnson is scarcely right in taking Sherburne to be the only objector. 2 ' Dryden though a great and undisputed genius, had the same cast as L'Estrange. Even his plays discover him to be a party man and the same principle infects his style in other respects', Johnson, Lit. Mag. (1758), p. 197. T. Gordon {Preface to his Tacitus, 1728) imputes to Dryden's translations not coarseness, but the contrary French defect of 'faintness and circumlocution'. Hallam says of his Virgil (Introduction to the Literature of EuroiJe (1883), p. 790) : ' The style is often almost studiously and as it were spitefully vulgar '. ^ See, for example, his excellent I^ife of Erasriius prefixed to his version of the Colloquies (1699), where he disclaims ' a ridiculous affectation of antiquity ' and calls Scaliger, the elder, ' Bentley's hero ', the ' prince of pedants '. This Life presents very well the late seventeenth-century view of translation, THE REVOLUTION 381 Versailles^, we do not find the same license taken with the language, which was afterwards held to disgrace the English School of translators. The genius of Madame Dacier, the exquisite lingual precision of La Fontaine almost in a day rescued French translation from such crudities, and set it in a shining place. So that whilst Johnson was able to say later of our poetical translations of the ancients, that it was ' a work which the French seem to relinquish in despair, and which we were long unable to perform with dexterity,' we must take it that despite a good recovery in the early half of the eighteenth century, English transla- tion both in prose and verse was in the last decade of the seventeenth century far behind the French in precision and elegance, and what is more, scholarliness, a term scarcely understood in England. Speaking of this period, M. Bellanger^ has said of the two schools in France — what very well describes the English schools too — *Nous avons vu les primitifs (traducteurs) defiguer I'antiquite pour nous empecher de la reconnaitre. Nous allons voir les nouveaux traducteurs la defiguer a leur tour, sous le pretexte de Tembellir. Ceux-1^ nous la cachaient sous un v^tement epais et lourd ; ceux-ci jetteront sur elle une sorte de voile destine a en dissimuler pudiquement les nudites et a en noyer les contours dans un nuage. La simplicite naive s'est enfuie, elle a cede le pas a I'elegance raffinee et delicate'. The Abb^ Persin, for example, boasts himself in his transla- tion of Virgil to be * le premier a vous le (iEneas) montrer sous I'habit d'un cavalier fran^ais et avec le pompe des plumes et du clinquant '. ' Mais nous voici enfin ', continues Bellanger, *en la presence de Tune des gloires les plus incontestees de la nation des traducteurs, de I'ecrivain qui malgre de greves imperfections domine tout cet age par la superiorite de ses talents. Je veux parler de Madame Dacier '. Yet though the L'Estrange - Eachard Terence and Plautus were based and almost copied from the versions of 'the French lady', no trace of her elegance appears in their work, and indeed no English translations are more deformed by the faults alluded to above ^. To ' give it a lift ' in L'Estrange's refined language; was their object, and ^ See J. J. Jusserand's edition of To7n Bimone's Scan'on (2 vols., 1892), Introduc- tion, p. liii., where he refers to Dryden's (?) Scarron (1692) as full of the most humorous accommodations and coarseness. - Bellanger (Justin), Hktoire de la Traduction en France^ pp. 29 and 45. * Sec Tytler,