or religion. All the rights and franchises that belong to him as a man, or as a denizen, are inviolably to be preserved to him. These are not the business of religion. No violence nor injury is to be offered him, whether he be Christian or pagan. Nay, we must not content ourselves with the narrow measures of bare justice: charity, bounty, and liberality must be added to it. This the gospel enjoins, this reason directs, and this that natural fellowship we are born into requires of us. If any man err from the right way, it is his own misfortune, no injury to thee: nor therefore art thou to punish him in the things of this life, because thou supposest he will be miserable in that which is to come. What I say concerning the mutual toleration of private persons differing from one another in religion, I understand also of particular churches; which stand as it were in the same relation to each other as private persons among themselves: nor has any one of them any manner of jurisdiction over any other, not even when the civil magistrate, as it sometimes happens, comes to be of this or the other communion. For the civil government can give no new right to the church, nor the church to the civil government. So that whether the magistrate join himself to any church, or separate from it, the church remains always as it was before, a free and voluntary society. It neither acquires the power of the sword by the magistrate's coming to it, nor does it lose the right of instruction and excommunication by his going from it. This is the fundamental and immutable right of a spontaneous society, that it has to remove any of its members who transgress the rules of its institution: but it cannot, by the accession of any new members, acquire any right of jurisdiction over those that are not joined with it. And therefore peace, equity, and friendship, are always mutually to be observed by particular churches, in the same manner as by private persons, without any pretence of superiority or jurisdiction over one another. That the thing may be made yet clearer by an example: let us suppose two churches, the one of Arminians, the other of Calvinists, residing in the city of Constantinople. Will any one say, that either of these churches has right to deprive the members of the other of their estates and liberty, as we see practised elsewhere, because of their differing from it in some doctrines or ceremonies; whilst the Turks in the meanwhile silently stand by, and laugh to see with what inhuman cruelty Christians thus rage against Christians? But if one of these churches hath this power of treating the other ill, I ask, which of them it is to whom that power belongs, and by what right? It will be answered, undoubtedly, that it is the orthodox church which has the right of authority over the erroneous or heretical. This is, in great and specious words, to say just nothing at all. For every church is orthodox to itself: to others, erroneous or heretical. Whatsoever any church believes, it believes to be true; and the contrary thereunto it pronounces to be error. So that the controversy between these churches about the truth of their doctrines, and the purity of their worship, is on both sides equal; nor is there any judge, either at Constantinople, or elsewhere upon earth, by whose sentence it can be determined. The decision of that question belongs only to the Supreme Judge of all men, to whom also alone belongs the punishment of the erroneous. In the meanwhile, let those men consider how heinously they sin, who adding injustice, if not to their error, yet certainly to their pride, do rashly and arrogantly take upon them to misuse the servants of another master, who are not at all accountable to them. Nay, further: if it could be manifest which of these two dissenting churches were in the right way, there would not accrue thereby unto the orthodox any right of destroying the other. For churches have neither any jurisdiction in worldly matters, nor are fire and sword any proper instruments wherewith to convince men's minds error, and inform them of the truth. of 3. THE DUTY OF THE MAGISTRATE IN REFERENCE TO TOLERATION.— ("LETTER I. ON TOLERATION.") Let us now consider what is the magistrate's duty in the business of toleration which is certainly very considerable : We have already proved that the care of souls does not belong to the magistrate, not a magisterial care, I mean, if I may so call it, which consists in prescribing by laws, and compelling by punishments. But a charitable care, which consists in teaching, admonishing, and persuading, cannot be denied unto any man. The care, therefore, of every man's soul belongs unto himself, and is to be left unto himself. But what if he neglect the care of his soul? I answer, what if he neglect the care of his health, or of his estate; which things are nearlier related to the government of the magistrate than the other? Will the magistrate provide by an express law, that such an one shall not become poor or sick? Laws provide, as much as is possible, that the goods and health of subjects be not injured by the fraud or violence of others; they do not guard them from the negligence or ill-husbandry of the possessors themselves. No man can be forced to be rich or healthful, whether he will or no. Nay, God Himself will not save men against their wills. Let us suppose, however, that some prince were desirous to force his subjects to accumulate riches, or to preserve the health and strength of their bodies. Shall it be provided by law, that they must consult none but Roman physicians, and shall every one be bound to live according to their prescriptions? What? shall no potion, no broth be taken, but what is prepared either in the Vatican, suppose, or in a Geneva shop? Or, to make these subjects rich, shall they all be obliged by law to become merchants or musicians? Or, shall every one turn victualler, or smith, because there are some that maintain their families plentifully, and grow rich in those professions? But it may be said, there are a thousand ways to wealth, but one only way to heaven. It is well said, indeed, especially by those that plead for compelling men into this or the other way; for if there were several ways that lead thither, there would not be so much as a pretence left for compulsion. But now, if I be marching on with my utmost vigour in that way which, according to the sacred geography, leads straight to Jerusalem, why am I beaten and illused by others, because, perhaps, I wear not buskins; because my hair is not of the right cut; because, perhaps, I have not been dipt in the right fashion; because I eat flesh upon the road, or some other food which agrees with my stomach; because I avoid certain by-ways, which seem unto me to lead into briars or precipices; because, amongst the several paths that are in the same road, I choose that to walk in which seems to be the straightest and cleanest ; because I avoid to keep company with some travellers that are less grave, and others that are more sour than they ought to be; or, in fine, because I follow a guide that either is or is not clothed in white, and crowned with a mitre ? Certainly, if we consider right, we shall find that for the most part they are such frivolous things as these, that, without any prejudice to religion, to the salvation of souls, if not accompanied with superstition or hypocrisy, might either be observed or remitted; I say, they are such like things as these, which breed implacable enmities among Christian brethren, who are all agreed in the substantial and truly fundamental part of religion. XXIII. JOHN EVELYN. JOHN EVELYN was born in 1620 at Wotton, in Surrey, the residence of his father, Richard Evelyn, a gentleman of good family and considerable property. He was educated at Oxford; and on the outbreak of the civil war, disliking the proceedings of the Parliament, and not willing to adventure his life in the quarrel, he left England, and travelled for some years on the Continent. He afterwards zealously assisted in bringing about the restoration of monarchy, and under Charles, James, and William, held many honourable public offices.. He began, early in life, the habit of keeping a diary, in which all noteworthy occurrences were carefully inserted, and as his wealth, employments, and social position brought him into daily contact with the most important personages in the reigns of Charles and James, his Diary, which has been frequently printed, contains much valuable historical information. He was one of the founders of the Royal Society, and did much by his own example to promote in England a taste for scientific pursuits; he is best known, however, as the great patron and promoter of horticulture, and his gardens at Sayes Court near Deptford, of which he has left us a careful description, were in his day much admired. He died at an advanced age in 1706, leaving behind him numerous works, of which the chief, besides his Diary, are "Sylva, a discourse of Forest Trees," "Fumifugium, a prophetic invective against the Fire and Smoke of London," "Terra, a discourse of the Earth," "Kalendarium Hortense," and "Tyrannus, or the Mode." 166 Thus died King Charles II., of a vigorous and robust constitution, and in all appearance promising a long life. He was a prince of many virtues, and many great imperfections; debonaire,1 easy of access, not bloody nor cruel; his countenance fierce, his voice great; proper of person, every motion became him; a lover of the sea, and skilful in shipping; not affecting other studies, yet he had a laboratory, and knew of many empirical medicines and the easier mechanical mathematics; he loved planting and building, and brought in a politer way of living, which passed to luxury and intolerable expense. He had a particular talent in telling a story, and facetious passages, of which he had innumerable. This made some buffoons and vicious wretches too presumptuous and familiar, not worthy the favour they abused. He took delight in having a number of little spaniels follow him and lie in his bedchamber, which rendered it very offensive, and, indeed, made the whole court nasty and stinking. He would doubtless have been an excellent prince had he been less addicted to pleasure, which made him uneasy and always in want to supply an unmeasurable profusion, to the detriment of many indigent persons who had signally served both him and his father. He frequently and easily changed favourites, to his great prejudice. As to other public transactions and unhappy miscarriages, 'tis not here I intend to number them; but certainly never had king more glorious opportunities to have made himself, his people, and all Europe happy, and prevented innumerable mischiefs, had not his too easy nature resigned him to be managed by crafty men and some abandoned and profane wretches, who corrupted his otherwise. sufficient parts, disciplined as he had been by many afflictions during his banishment, which gave him much experience and knowledge of men and things; but those wicked creatures took him off from all application becoming so great a king. The history of his reign will certainly be the most wonderful for the variety of matter and accidents above any extent in former ages. The sad tragical death of his father; his banishment and hardships; his miraculous restoration; conspiracies against him; parliaments; wars, plagues, fires, comets; revolutions abroad happening in his time, with a thousand other particulars. He was ever kind to me, and very gracious on all occasions, and therefore I cannot, without ingratitude, but deplore his loss, which for many respects, as well as duty, I do with all my soul. 1 A French word, meaning easy-tempered, which, notwithstanding the patronage of Milton and others, has not been naturalized in our language. TRIAL OF LORD STAFFORD. 201 2. TRIAL OF LORD STAFFORD.-("DIARY," 1680.) November 30th.-This signal day begun the trial (at which I was present) of my Lord Viscount Stafford, for conspiring the death of the King. The trial was in Westminster Hall, before the King, Lords, and Commons, just in the same manner as, forty years past, the great and wise Earl of Strafford (there being but one letter differing their names) received his trial for pretended ill-government in Ireland in the very same place, this Lord Stafford's father being then High Steward. The place of sitting was now exalted some considerable height from the paved floor of the hall with a stage of boards. The throne, woolpacks for the judges, long forms for the peers, chair for the Lord Steward, exactly ranged as in the House of Lords. The sides on both hands scaffolded to the very roof for the members of the House of Commons. At the upper end, and on the right side of the King's state, was a box for his Majesty, and, on the left, others for the great ladies; and overhead a gallery for ambassadors and public ministers. At the lower end or entrance was a bar and place for the prisoner, the Lieutenant of the Tower of London, the axe-bearer and guards, my Lord Stafford's two daughters, the Marchioness of Winchester being one. There was likewise a box for my Lord to retire into. At the right hand, in another box somewhat higher, stood the witnesses; at the left, the managers, in the name of the Commons of England,-viz., Sergeant Maynard (the great lawyer, the same who prosecuted the cause against the Earl of Strafford forty years before, being now near eighty years of age); Sir William Jones, late Attorney-General; Sir Francis Winnington, a famous pleader; and Mr Treby, now Recorder of London,-not appearing in their gowns as lawyers, but in their cloaks and swords, as representing the Commons of England. To these were joined Mr Hampden, Mr Sacheverell, Mr Poule, Colonel Titus, Sir Thomas Lee, all gentlemen of quality, and noted parliamentary men. The two first days, in which were read the commission and impeachment, were but a tedious entrance into matter of fact, at which I was but little present. But on Thursday I was commodiously seated amongst the Commons, when the witnesses were sworn and examined. The principal witnesses were Mr Oates (who called himself Dr), Mr Dugdale, and Turberville. Oates swore that he delivered a commission to Viscount Stafford from the Pope, to be Paymaster-General to an army intended to be raised: Dugdale, that being at Lord Aston's, the prisoner dealt with him plainly to murder his Majesty: and Turberville, that at Paris he also proposed the same to him. 6th December. Sir William Jones summoned up the evidence; to him succeeded all the rest of the managers, and then Mr Henry Poule made a vehement oration. After this my lord, as on all occasions, and often during the trial, spoke in his own defence, denying the charge altogether, and that he had never seen Oates or |