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Royalty Restored [121]

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the 7th of January, 1674, the lords presented an address to the monarch, praying he would graciously issue a proclamation, requiring all papists, or reputed papists, within five miles of London, Westminster, or Southwark, to depart ten miles from these respective cities, and not return during this session of Parliament. A few days afterwards an act was introduced into the House of Commons proposing a second test, impossible for catholics to accept, the refusal of which would not only render them incapable of holding any office, civil or military, or of sitting in either House of Parliament, but "of coming within five miles of the court." This unjust bill, to which, if it passed both houses, Charles dared not refuse assent, threw the court and country into a state of renewed excitement. Knowing it was a blow levelled at the duke, his friends gathered round him, determined to oppose it by might and main; and after great exertions caused a clause to be inserted excepting his royal highness from the test. This was ultimately carried by a majority of two votes, which, says Clarke, "put the little Earl of Shaftesbury so out of humour, that he said he did not care what became of the bill, having that proviso in it."

This noble earl, who was chief among the royal duke's enemies, was a prominent figure in the political history of the time. Mr. Burnet tells us his lordship's strength lay in the knowledge of England, and of all considerable men. "He understood," says the bishop, "the size of their understandings and their tempers; and he knew how to apply himself to them so dexterously, that though by his changing sides so often it was very visible how little he was to be depended on, yet he was to the last much trusted by all the discontented party. He had no regard to truth or justice." As rich in resources as he was poor in honour, he renewed a plan for depriving the Duke of York from succession to the crown; which, though it had failed when formerly attempted, he trusted might now succeed. This was to declare the Duke of Monmouth the king's legitimate son and heir to the throne of England, a scheme which the ambitious son of Lucy Walters was eager to forward.

His majesty's affection for him had strengthened with time, and his favours had been multiplied by years. On the death of the Duke of Albemarle, Captain General of the Forces, Monmouth had been appointed to that high office; and some time later had been made General of the Kingdom of Scotland, posts of greatest importance. Relying on the monarch's love and the people's admiration for this illegitimate scion of royalty, Lord Shaftesbury hoped to place him on the throne. As the first step necessary in this direction was to gain his majesty's avowal of a union with Lucy Walters, he ventured on broaching the subject to the king; at which Charles was so enraged that he declared, "much as he loved the Duke of Monmouth, he had rather see him hanged at Tyburn than own him as his legitimate son." There was, however, another man engaged in a like design to the noble earl, who, if not less scrupulous, was more daring.

This was one Ross, a Scotsman, who had been made governor of the young duke on his first coming into England, and who had since acted as his friend and confidant. Now Ross, who had not failed to whisper ambitious thoughts into his pupil's head, at this time sought Dr. Cosin, Bishop of Durham, and according to the "Stuart Papers," told him "he might do a great piece of service to the Church of England in keeping out popery, if he would but sign a certificate of the king's marriage to the Duke of Monmouth's mother, with whom that bishop was acquainted in Paris. Ross also told the bishop, to make the thing more easy to him, that during his life the certificate should not be produced or made use of." The same papers state that, as a bishop's certificate is a legal proof of marriage, Dr. Cosin's compliance would have been invaluable to the duke and his friends. His lordship, however, rejected the proposition, and laid the matter before the king, who expelled
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