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The articles of this confederacy were soon adjusted by such candid and able negotiators: but the greatest difficulty still remained. By the constitution of the republic, all the towns in all the provinces must give their consent to every alliance; and besides that this formality could not be despatched in less than two months, it was justly to be dreaded that the influence of France would obstruct the passing of the treaty in some of the smaller cities. D’Estrades, the French ambassador, a man of abilities, hearing of the league which was on the carpet, treated it lightly. “Six weeks hence,” said he, “we shall speak to it.” To obviate this difficulty, De Wit had the courage, for the public good, to break through the laws in so fundamental an article; and by his authority, he prevailed with the states general at once to sign and ratify the league: though they acknowledged that, if that measure should displease their constituents, they risked their heads by this irregularity. After sealing, all parties embraced with great cordiality. Temple cried out, “At Breda, as friends: here, as brothers.” And De Wit added, that now the matter was finished, it looked like a miracle.
Room had been left in the treaty for the accession of Sweden, which was soon after obtained; and thus was concluded in five days the triple league; an event received with equal surprise and approbation by the world. Notwithstanding the unfortunate conclusion of the last war, England now appeared in her proper station, and, by this wise conduct, had recovered all her influence and credit in Europe. Temple likewise received great applause; but to all the compliments made him on the occasion, he modestly replied, that to remove things from their centre, or proper element, required force and labor; but that of themselves they easily returned to it.
The French monarch was extremely displeased with this measure. Not only bounds were at present set to his ambition; such a barrier was also raised as seemed forever impregnable. And though his own offer was made the foundation of the treaty, he had prescribed so short a time for the acceptance of it that he still expected, from the delays and reluctance of Spain, to find some opportunity of eluding it. The court of Madrid showed equal displeasure. To relinquish any part of the Spanish provinces, in lieu of claims so apparently unjust, and these urged with such violence and haughtiness, inspired the highest disgust. Often did the Spaniards threaten to abandon entirely the Low Countries, rather than submit to so cruel a mortification; and they endeavored, by this menace, to terrify the mediating powers into more vigorous measures for their support. But Temple and De Wit were better acquainted with the views and interests of Spain. They knew that she must still retain the Low Countries, as a bond of connection with the other European powers, who alone, if her young monarch should happen to die without issue, could insure her independency against the pretensions of France. They still urged, therefore, the terms of the triple league, and threatened Spain with war in case of refusal. The plenipotentiaries of all the powers met at Aix-la-Chapelle. Temple was minister for England; Van Beuninghen for Holland; D’Ohna for Sweden.
Spain at last, pressed on all hands, accepted of the alternative offered; but in her very compliance, she gave strong symptoms of ill humor and discontent. It had been apparent that the Hollanders, entirely neglecting the honor of the Spanish monarchy, had been anxious only for their own security; and, provided they could remove Lewis to a distance from their frontier, were more indifferent what progress he made in other places. Sensible of these views, the queen regent of Spain resolved still to keep them in an anxiety, which might for the future be the foundation of a union more intimate than they were willing at present to enter into Franche Compte, by a vigorous and well-concerted plan of the French king, had been conquered in fifteen days, during a rigorous season, and in the midst of winter. She chose therefore to recover this province, and to abandon all the towns conquered in Flanders during the last campaign. By this means Lewis extended his garrisons into the heart of the Low Countries; and a very feeble barrier remained to the Spanish provinces.
But notwithstanding the advantages of his situation, the French monarch could entertain small hopes of ever extending his conquests on that quarter, which lay the most exposed to his ambition, and where his acquisitions were of most importance. The triple league guarantied the remaining provinces to Spain; and the emperor and other powers of Germany, whose interest seemed to be intimately concerned, were invited to enter into the same confederacy. Spain herself, having about this time, under the mediation of Charles, made peace on equal terms with Portugal, might be expected to exert more vigor and opposition to her haughty and triumphant rival. The great satisfaction expressed in England on account of the counsels now embraced by the court, promised the hearty concurrence of parliament in every measure which could be proposed for opposition to the grandeur of France. And thus all Europe seemed to repose herself with security under the wings of that powerful confederacy which had been so happily formed for her protection. It is now time to give some account of the state of affairs in Scotland and in Ireland.
The Scottish nation, though they had never been subject to the arbitrary power of their prince, had but very imperfect notions of law and liberty; and scarcely in any age had they ever enjoyed an administration which had confined itself within the proper boundaries. By their final union alone with England, their once hated adversary, they have happily attained the experience of a government perfectly regular, and exempt from all violence and injustice. Charles, from his aversion to business, had intrusted the affairs of that country to his ministers, particularly Middleton; and these could not forbear making very extraordinary stretches of authority.
There had been intercepted a letter, written by Lord Lorne to Lord Duffus, in which, a little too plainly, but very truly, he complained, that his enemies had endeavored by falsehood to prepossess the king against him. But he said, that he had now discovered them, had defeated them, and had gained the person, meaning the earl of Clarendon, upon whom the chief of them depended. This letter was produced before the parliament; and Lorne was tried upon an old, tyrannical, absurd law against leasing-making; by which it was rendered criminal to belie the subjects to the king, or create in him an ill opinion of them. He was condemned to die: but Charles was much displeased with the sentence, and granted him a pardon.[*]
* Burnet, p. 149.
It was carried in parliament, that twelve persons, without crime, witness, trial, or accuser, should be declared incapable of all trust or office; and to render this injustice more egregious, it was agreed, that these persons should be named by ballot; a method of voting which several republics had adopted at elections, in order to prevent faction and intrigue; but which could serve only as a cover to malice and iniquity in the inflicting of punishments. Lauderdale, Crawford, and Sir Robert Murray, among others, were incapacitated: but the king, who disapproved of this injustice, refused his assent.[*]
An act was passed against all persons who should move the king for restoring the children of those who were attainted by parliament; an unheard-of restraint on applications for grace and mercy. No penalty was affixed; but the act was but the more violent and tyrannical on that account. The court lawyers had established it as a maxim, that the assigning of a punishment was a limitation of the crown; whereas a law forbidding any thing, though without a penalty, made the offenders criminal. And in that case, they determined that the punishment was arbitrary; only that it could not extend to life. Middleton, as commissioner, passed this act; though he had no instructions for that purpose.
