ree years had elapsed after the dissolution of the
Parliament which sate at Oxford, no writs were issued for an election.
This infraction of the constitution was the more reprehensible, because
the King had little reason to fear a meeting with a new House of
Commons. The counties were generally on his side; and many boroughs in
which the Whigs had lately held sway had been so remodelled that they
were certain to return none but courtiers.
In a short time the law was again violated in order to gratify the Duke
of York. That prince was, partly on account of his religion, and partly
on account of the sternness and harshness of his nature, so unpopular
that it had been thought necessary to keep him out of sight while the
Exclusion Bill was before Parliament, lest his appearance should give
an advantage to the party which was struggling to deprive him of his
birthright. He had therefore been sent to govern Scotland, where the
savage old tyrant Lauderdale was sinking into the grave. Even Lauderdale
was now outdone. The administration of James was marked by odious laws,
by barbarous punishments, and by judgments to the iniquity of which even
that age furnished no parallel. The Scottish Privy Council had power to
put state prisoners to the question. But the sight was so dreadful that,
as soon as the boots appeared, even the most servile and hardhearted
courtiers hastened out of the chamber. The board was sometimes quite
deserted: and it was at length found necessary to make an order that the
members should keep their seats on such occasions. The Duke of York, it
was remarked, seemed to take pleasure in the spectacle which some of
the worst men then living were unable to contemplate without pity
and horror. He not only came to Council when the torture was to be
inflicted, but watched the agonies of the sufferers with that sort of
interest and complacency with which men observe a curious experiment in
science. Thus he employed himself at Edinburgh, till the event of the
conflict between the court and the Whigs was no longer doubtful. He then
returned to England: but he was still excluded by the Test Act from all
public employment; nor did the King at first think it safe to violate a
statute which the great majority of his most loyal subjects regarded as
one of the chief securities of their religion and of their civil rights.
When, however, it appeared, from a succession of trials, that the nation
had patience to endure almost any
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