The Fatal Jealousie (1673)

by active 1672-1710 Henry Neville Payne

None of Henry Nevil Payne's plays, The Fatal Jealousie (1673), The Morning Ramble (1673), The Siege of Constantinople (1675), bears his name on the title-page. Plenty of external evidence exists, however, to prove his claim to them. John Downes, in Roscius Anglicanus (1708), has this to say: "Loves Jealousy [i.e. The Fatal Jealousy], and The Morning Ramble. Written by Mr. Nevil Pain. Both were very well Acted, but after their first run, were laid aside, to make Room for others; the Company having then plenty of new Poets" (ed. Montague Summers, London, n.d., pp. 33-34). "After the Tempest, came the Siege of Constantinople, Wrote by Mr. Nevill Pain" (ibid., p. 35). Langbaine's An Account of the English Dramatick Poets (1691) gives no author for The Siege of Constantinople, but says of The Fatal Jealousy that it is "ascribed by some to Mr. Pane" (p. 531) and of The Morning Ramble that this "Play is said to be written by One Mr. Pane, and may be accounted a good Comedy" (p. 541).

We do not have to depend on the early historians of the English drama for certain knowledge that Payne was for a time a dramatist. Though his brief excursion into the theater must later have seemed to him a minor episode in his life, Payne's enemies were aware of the fact that he was a playwright and have written their knowledge into the record of his treasonable activities. For example, the author of a burlesque life of Payne, which contains, so far as I know, the only connected account of his activities, makes this useful remark: "Then [after his return from Ireland in 1672] he composes a Tragedy of a certain Emperour of Constantinople, whom he never knew; but in whose person he vilifies a certain Prince [Charles II], whom he very well knows" (Modesty Triumphing over Impudence ... 1680, pp. 18-19).

As an agent of the Catholic party, Payne had excellent reasons for wishing to keep his affairs well veiled. What we know of his life has had to be pieced together from information found in state papers, court records, and "histories" of the branches of the damnable Popish plots.[*] The date of his birth is not known, nor of his death, unless Summers was correct in giving it (without supporting evidence) as 1710 (The Works of Aphra Behn, 1915, V, 519).

Payne's first opportunity to serve the Catholic party came, apparently, in 1670, when he went to Ireland in the employ of Sir Elisha Leighton, who was private secretary to the new lord lieutenant, Lord Berkeley. By April 1672 Berkeley's pro-Catholic rule had so alienated the city council of Dublin that he was ordered to return to England and the Earl of Essex was sent out in his place. From Essex we learn that Payne was deeply involved in the machinations of Berkeley and that he continued to stir up trouble in Ireland even after his return to England.

Back in England, possibly by mid-May, 1672, Payne must have plunged at once into work for the theater. The Fatal Jealousy was performed at the Duke's Theatre in Dorset Garden in August 1672 and The Morning Ramble was shown at the same theater three months later. Both plays were performed before the King (Allerdyce Nicoll, A History of Restoration Drama, 1923, p. 309). Payne's third and last play, The Siege of Constantinople, which reached the stage in November 1674, is of particular interest in view of his long association with the cause of James, Duke of York. Payne found his plot in the General Historie of the Turkes by Knolles, but he altered history to produce a work which would compliment James. It is significant that there is no prototype in Knolles for Thomazo (James), the brother of the last Christian emperor of Constantinople (Charles). At the end of the play the Turks conquer the city (sc., the Dutch and London) and the Emperor is slain. Here was a warning to Englishmen of what would happen if their double-dealing "Lord Chancellor" (Shaftesbury)--the villain of the piece--were to succeed in alienating the two royal brothers.

During the years 1678-1680 Payne's name dodges in and out of the thousands of words written about the Popish plot. He was pretty certainly a friend of Edward Coleman (Secretary to the Duchess of York) who was executed for treason in December, 1678. After a hearing before the Privy Council, Payne was held over for trial and imprisoned in the King's Bench. Confinement did not in the least hinder him from giving aid to the Catholic party in organizing its counter-attack. According to Mr. Tho. Dangerfields Particular Narrative (1679) he was one of the chief devisers of the Presbyterian Plot and, as "chief Pen-man" for the Catholics, the author of several "scandalous books" about their enemies. Payne was again before the Privy Council in November 1679, but eventually all the principals in the Catholic plots to discredit the government were released.

After the accession of James II Payne kept more respectable company. References to him during these years say nothing about any work for the theater, but his pen was still busy--from 1685 to 1687 in the cause of religious toleration. In 1685 the Duke of Buckingham published A Short Discourse upon the Reasonableness of Men's having a Religion or Worship of God. A portion of this pamphlet had been written as a letter to Payne. When Buckingham's work brought on a pamphlet war, Payne (together with William Penn) rushed to his defence. The debate grew hotter when James made the first Declaration of Indulgence in April 1687. Payne was one of the chief controversialists in the war of words that followed. Another literary friend of these years, and an extravagant admirer of his devotion to the Stuarts, was Aphra Behn. She dedicated her Fair Jilt to Payne in 1688 in terms which suggest that he had favored her in tangible ways.

With the deposition of James, the years of Payne's greatest activity begin. The story of his life for the next twelve years is intricate and exciting, for he has now moved out of the company of writers into the dark world of secret agents and prison-guards. Though he was confined in the Fleet by January 1688/89, Payne went boldly ahead with plans for what would be the first Jacobite conspiracy, the Montgomery Plot. By some means he contrived to escape to Scotland, where his plans had, of course, more fertile soil in which to grow. Once more in custody, he was moved from one prison to another, but the Privy Council was incapable of persuading the Scottish authorities to "put the rogue to it." As more and more evidence came out showing how deeply involved Payne was in the Montgomery Plot, the Scottish Privy Council finally was prevailed upon to put Payne to the torture. On Dec. 10, 1690, he bore the pain of two hours under thumb and leg screws with such fortitude that some of the Councilors were "brangled" and believed that his denials must be the words of an honest man. The Earl of Crawford, one of the witnesses to this, the last occasion in Britain in which a political prisoner was tortured, was so moved that he reported to the Earl of Melville that such manly resolution could come only from a deep religious fervor: "[Payne] did conceive he was acting a thing not only generous towards his friends and accomplices, but likewise so meritorious, that he would thereby save his soule, and be canoniz'd among the saints" (Letters ... to George Earl of Melville, Bannatyne Club, 1843, pp. 582-3).

For nearly eleven years more Payne was moved from one Scottish prison to another, while the Scottish Privy Council sought to turn him over to the English and the Privy Council in London endeavored to force him to trial in Scotland. The truth is that Jacobitism was so rife in high places that they whose duty it would be to prosecute him feared what might happen if he were brought to the bar.

Finally, in February 1700/01, Payne was released. He made his way to the Stuart court at St. Germain, whose incorruptible secret agent he had been for twelve years. It was fitting that the last information we have of him during his life is derived from his "Brief memorial by way of preface to some proposals for your Majesty's service," a detailed letter of advice instructing the exiled king how he might yet recapture his throne (printed in Original Papers; containing the Secret History of Great Britain, 1775, I, 602-5). When last heard from, Payne had yet another conspiracy planned and ripened, to submit to his sovereign's approval.