The King determined to try once more the experiment of a dissolution. A new Parliament was summoned to meet at Oxford, in March, 1681. Since the days of the Plantagenets the Houses had constantly sat at Westminster, except when the plague was raging in the capital: but so extraordinary a conjuncture seemed to require extraordinary precautions. If the Parliament were held in its usual place of assembling, the House of Commons might declare itself permanent, and might call for aid on the magistrates and citizens of London. The trainbands might rise to defend Shaftesbury as they had risen forty years before to defend Pym and Hampden. The Guards might be overpowered, the palace forced, the King a prisoner in the hands of his mutinous subjects. At Oxford there was no such danger. The University was devoted to the crown; and the gentry of the neighbourhood were generally Tories. Here, therefore, the opposition had more reason than the King to apprehend violence.
The elections were sharply contested. The Whigs still composed a majority of the House of Commons: but it was plain that the Tory spirit was fast rising throughout the country. It should seem that the sagacious and versatile Shaftesbury ought to have foreseen the coming change, and to have consented to the compromise which the court offered: but he appears to have forgotten his old tactics. Instead of making dispositions which, in the worst event, would have secured his retreat, he took up a position in which it was necessary that he should either conquer or perish. Perhaps his head, strong as it was, had been turned by popularity, by success, and by the excitement of conflict. Perhaps he had spurred his party till he could no longer curb it, and was really hurried on headlong by those whom he seemed to guide.
The eventful day arrived. The meeting at Oxford resembled rather that of a Polish Diet than that of an English Parliament. The Whig members were escorted by great numbers of their armed and mounted tenants and serving men, who exchanged looks of defiance with the royal Guards. The slightest provocation might, under such circumstances, have produced a civil war; but neither side dared to strike the first blow. The King again offered to consent to anything but the Exclusion Bill. The Commons were determined to accept nothing but the Exclusion Bill. In a few days the Parliament was again dissolved.
The King had triumphed. The reaction, which had begun some months before the meeting of the House at Oxford, now went rapidly on. The nation, indeed, was still hostile to Popery: but, when men reviewed the whole history of the plot, they felt that their Protestant zeal had hurried them into folly and crime, and could scarcely believe that they had been induced by nursery tales to clamour for the blood of fellow subjects and fellow Christians. The most loyal, indeed, could not deny that the administration of Charles had often been highly blamable. But men who had not the full information which we possess touching his dealings with France, and who were disgusted by the violence of the Whigs, enumerated the large concessions which, during the last few years he had made to his Parliaments, and the still larger concessions which he had declared himself willing to make. He had consented to the laws which excluded Roman Catholics from the House of Lords, from the Privy Council, and from all civil and military offices. He had passed the Habeas Corpus Act. If securities yet stronger had not been provided against the dangers to which the constitution and the Church might be exposed under a Roman Catholic sovereign, the fault lay, not with Charles who had invited the Parliament to propose such securities, but with those Whigs who had refused to hear of any substitute for the Exclusion Bill. One thing only had the King denied to his people. He had refused to take away his brother's birthright. And was there not good reason to believe that this refusal was prompted by laudable feelings? What selfish motive could faction itself impute to the royal mind? The Exclusion Bill did not curtail the reigning King's prerogatives, or diminish his income. Indeed, by passing it, he might easily have obtained an ample addition to his own revenue. And what was it to him who ruled after him? Nay, if he had personal predilections, they were known to be rather in favour of the Duke of Monmouth than of the Duke of York. The most natural explanation of the King's conduct seemed to be that, careless as was his temper and loose as were his morals, he had, on this occasion, acted from a sense of duty and honour. And, if so, would the nation compel him to do what he thought criminal and disgraceful? To apply, even by strictly constitutional means, a violent pressure to his conscience, seemed to zealous royalists ungenerous and undutiful. But strictly constitutional means were not the only means which the Whigs were disposed to employ. Signs were already discernible which portended the approach of great troubles. Men, who, in the time of the civil war and of the Commonwealth, had acquired an odious notoriety, had emerged from the obscurity in which, after the Restoration, they had hidden themselves from the general hatred, showed their confident and busy faces everywhere, and appeared to anticipate a second reign of the Saints. Another Naseby, another High Court of Justice, another usurper on the throne, the Lords again ejected from their hall by violence, the Universities again purged, the Church again robbed and persecuted, the Puritans again dominant, to such results did the desperate policy of the opposition seem to tend.
Strongly moved by these apprehensions, the majority of the upper and middle classes hastened to rally round the throne. The situation of the King bore, at this time, a great resemblance to that in which his father stood just after the Remonstrance had been voted. But the reaction of 1641 had not been suffered to run its course. Charles the First, at the very moment when his people, long estranged, were returning to him with hearts disposed to reconciliation, had, by a perfidious violation of the fundamental laws of the realm, forfeited their confidence for ever. Had Charles the Second taken a similar course, had he arrested the Whig leaders in an irregular manner, had he impeached them of high treason before a tribunal which had no legal jurisdiction over them, it is highly probable that they would speedily have regained the ascendancy which they had lost. Fortunately for himself, he was induced, at this crisis, to adopt a policy singularly judicious. He determined to conform to the law, but at the same time to make vigorous and unsparing use of the law against his adversaries. He was not bound to convoke a Parliament till three years should have elapsed. He was not much distressed for money. The produce of the taxes which had been settled on him for life exceeded the estimate. He was at peace with all the world. He could retrench his expenses by giving up the costly and useless settlement of Tangier; and he might hope for pecuniary aid from France. He had, therefore, ample time and means for a systematic attack on the opposition under the forms of the constitution. The Judges were removable at his pleasure: the juries were nominated by the Sheriffs; and, in almost all the counties of England, the Sheriffs were nominated by himself. Witnesses, of the same class with those who had recently sworn away the lives of Papists, were ready to swear away the lives of Whigs.
The first victim was College, a noisy and violent demagogue of mean birth and education. He was by trade a joiner, and was celebrated as the inventor of the Protestant flail. 23 He had been at Oxford when the Parliament sate there, and was accused of having planned a rising and an attack on the King's guards. Evidence was given against him by Dugdale and Turberville, the same infamous men who had, a few months earlier, borne false witness against Stafford. In the sight of a jury of country squires no Exclusionist was likely to find favour. College was convicted. The crowd which filled the court house of Oxford received the verdict with a roar of exultation, as barbarous as that which he and his friends had been in the habit of raising when innocent Papists were doomed to the gallows. His execution was the beginning of a new judicial massacre not less atrocious than that in which he had himself borne a share.
The government, emboldened by this first victory, now aimed a blow at an enemy of a very different class. It was resolved that Shaftesbury should be brought to trial for his life. Evidence was collected which, it was thought, would support a charge of treason. But the facts which it was necessary to prove were alleged to have been committed in London. The Sheriffs of London, chosen by the citizens, were zealous Whigs. They named a Whig grand jury, which threw out the bill. This defeat, far from discouraging those who advised the King, suggested to them a new and daring scheme. Since the charter of the capital was in their way, that charter must be annulled. It was pretended, therefore, that the City had by some irregularities forfeited its municipal privileges; and proceedings were instituted against the corporation in the Court of King's Bench. At the same time those laws which had, soon after the Restoration, been enacted against Nonconformists, and which