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lord Conway, persisting to deny the charge,. and no testimony but Waller's yet appearing against them, were, after a long imprisonment, admitted to bail. Hassel, the king's messenger, who carried the letters to Oxford,. died the night before his trial. Hampden was kept in prison to the end of his life. They whose names were inserted in the commission of array were not capitally punished, as it could not be proved that they had consented to their own nomination; but they were considered as malignants, and their estates were seized.

"Waller, though confessedly," says Clarendon, " the most guilty, with incredible "dissimulation affected such a remorse of con"science, that his trial was put off, out of ." Christian compassion, till he might recover "his understanding." What use he made of this interval, with what liberality and success he distributed flattery and money, and how, when he was brought (July 4) before the house, he confessed and lamented, and submitted and implored, may be read in the History of the Rebellion, (B. vii.) The speech, to which Clarendon ascribes the preservation of his dear-bought life, is inserted in his works. The great historian, however, seems to have mistaken in relating that be prevailed in the principal part of his supplication, not to be tried by a Council of If ar y for, according to Whitlock, he was by expulsion from the house abandoned to the tribunal which he so much dreaded, and being tried and condemned, was reprieved by Essex j but after a year's imprisonment, in which time resentment grew less

acrimoacrimonious, paying a fine of ten thousand pounds, he was permitted to recoUetl himself in another country.

Of his behaviour in this part of his life, it is not necessary to direct the reader's opinion. "Let us not," fays his last ingenious biographer, "condemn him with untempered fe"verity, because he was not a prodigy which "the world hath seldom seen, because his cha"racter included not the poet, the orator, "and the hero."

For the place of his exile he chose France, and staid some time at Roan, where his daugh*ter Margaret was born, who was afterwards his favourite, and his amanuensis. He then removed to Paris, where he lived with great splendour and hospitality j and from time to time amused himself with poetry, in which he sometimes speaks of the rebels, and their usurpation, in the natural language of an honest man.

At last it became necessary, for his support, to sell his wife's jewels j and being reduced, as he said, at last to the rump-jewel, he solicited from Cromwel permission to return, and obtained it by the interest of colonel Scroop, to whom his sister was married. Upon the remains of a fortune, which the danger of his life had very much diminished, he lived at Hillburn, a house built by himself, very near to Beconsfield, where his motrlbr resided. His mother, though related to Cromwel and Hampden, was zealous for the royal cause, and when Cromwel visited her used to reproach him; he, in return, would throw a napkin at her, and say he would not dispute with his aunt; but finding in time that she acted for the king, as well as talked, he made her a prisoner to her own daughter, in her owp house. If he would do any thing, he could not do less.

Cromwel, now protector, received Waller, as his kinsman, to familiar conversation. Waller, as he. used to relate, found him suffi-' ciently veiled in ancient history; and when any of his enthusiastick friends came to advise or consult him, could sometimes overhear him discoursing in the cant of the times, but, when he returned, he would say, " Cousin .' Waller, I must talk to these men in their "own wayj" and resumed the common stile of conversation.

He repaid the Protector for his favours (1654), by the famous panegyrick, which has been always considered as the first of his poetical productions. His choice of encomiastick topicks is very judicious; for he considers Cromwel in his exaltation, without enquiring hoyy he attained it; there is consequently no mention of the rebel or the regicide. AU the former. part of his hero's life is veiled with shades, and nothing is brought to view but the'chiefi the governor, the defender of England's honour, and the enlarger of her dominion. The act of violence by which he obtained the supreme power is lightly treated, and decently justified. - It was certainly to be desired that the detestable band should be dissolved, which had destroyed the church, murdered the king, and filled the nation with tumult and oppression; yet Cromwel had not the right of dissolving them, for all that he

had

had before done, could be justified only by supposing them invested with lawful authority. But combinations of wickedness would overwhelm the world by the advantage which licentious principles afford, did not those who have long practised perfidy, grow faithless to each other.

In the poem on the war with Spain, are some passages at least equal to the best parts of the panegyrick; and in the conclusion, the poet ventures yet a higher flight of flattery, by recommending royalty to Cromwel and the nation. Cromwel was very desirous, as appears from his conversation, related by Whitlock, of adding the title to the power or monarchy, and is supposed to have been with-held from it paitly by fear of the army, and partly by fear of the laws, which, when he should govern by the name of king, would have restrained his authority. When therefore a deputation was solemnly sent to invite him to the Crown, he, after a long conference, refused it; but is said to have fainted in his coach, when he parted from them,

The poem on the death of the Protector seems to have been dictated by real veneration for his memory, Dryden and Sprat wrote on the fame occasion; but they were young men, struggling into notice, and hoping for some favour from the ruling party. Waller had little to expect: he had received nothing but his pardon from Cromwel, and was not likely to alk any thing from those who should succeed him.

Soon afterwards the Restauration supplied him with another subject j and he exerted his

imagination, imagination, his elegance, and his melody, with equal alacrity, for Charles the Second. It is not possible to read, without some contempt and indignation, poems of the same author, ascribing the highest degree of power and tiety to Charles the First; then transferring the fame power and piety to Oliver Cromwel; now inviting Oliver to take the crown, and then congratulating Charles the Second on his recovered right. Neither Cromwel nor Charles could value his testimony, as the effect of conviction, or receive his praises as effusions of reverence; they could consider them but as the labour of invention and the tribute of dependence.

Poets, indeed, profess fiction j but the legitimate end of fiction is the conveyance of truth; and he that has flattery ready for all whom the vicissitudes of the world happen to exalt, must be scorned as a prostituted mind, that may retain the glitter of wit, but has lost the dignity of virtue.

The Congratulation was considered as inferior in poetical merit to the Panegyrick; and it is reported, that when the king told Waller of the disparity, he answered, " Poets, Sir, "succeed better in fiction than in truth."

The Congratulation is indeed not inferior to the Panegyrick, either by decay of genius, or for want of diligence; but because Cromwel had done muoh, and Charles had done little. Cromwel wanted nothing to raise him to heroick excellence but virtue; and virtue his poet thought himself at liberty to supply. Charles had yet only the merit of struggling without success, and suffering without despair. A life

of

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