The History of England in Three Volumes, Vol. I., Part F.: From Charles II. to James II.
David Hume · en
It was of great consequence to the popular party, while the meeting
of parliament depended on the king’s will, to keep the law, whose
operations are perpetual, entirely on their side. The sheriffs of London
by their office return the juries: it had been usual for the mayor to
nominate one sheriff by drinking to him; and the common hall had ever,
without dispute, confirmed the mayor’s choice. Sir Robert Clayton, the
mayor, appointed one who was not acceptable to the popular party: the
common hall rejected him; and Bethel and Cornish, two Independents and
republicans, and of consequence deeply engaged with the malecontents,
were chosen by a majority of voices. In spite of all remonstrances and
opposition, the citizens persisted in their choice; and the court party
was obliged for the present to acquiesce.
Juries, however, were not so partial in the city, but that reason and
justice, even when the Popish plot was in question, could sometimes
prevail. The earl of Castlemaine, husband to the duchess of Cleveland,
was acquitted about this time, though accused by Oates and Dangerfield
of an intention to assassinate the king. Sir Thomas Gascoigne, a very
aged gentleman in the north, being accused by two servants, whom he had
dismissed for dishonesty, received a like verdict. These trials were
great blows to the plot, which now began to stagger, in the judgment of
most men, except those who were entirely devoted to the country party.
But in order still to keep alive the zeal against Popery, the earl
of Shaftesbury appeared in Westminster Hall, attended by the earl
of Huntingdon, the lords Russel, Cavendish, Grey, Brandon, Sir Henry
Caverly, Sir Gilbert Gerrard, Sir William Cooper, and other persons of
distinction, and presented to the grand jury of Middlesex reasons for
indicting the duke of York as a Popish recusant. While the jury were
deliberating on this extraordinary presentment, the chief justice sent
for them, and suddenly, even somewhat irregularly, dismissed them.
Shaftesbury, however, obtained the end for which he had undertaken this
bold measure: he showed to all his followers the desperate resolution
which he had embraced, never to admit of any accommodation or
composition with the duke. By such daring conduct he gave them
assurance, that he was fully determined not to desert their cause; and
he engaged them to a like devoted perseverance in all the measures which
he should suggest to them.