CENTRE for REFORMATIOIXl and RENAISSANCE STUDIES VICTORIA UNIVERSITY T O R O N T O OO0 ILNBU R« AT' ' H AFL» C SOLD ¥ ORDER-J HISTORY OF ENGLAND x6o3-I64 VOL. VIII. BIBLIOGVAPHICAL NOTE 7"0 z]IR. GARDINEV'S ' HISTOR Y OF iNGLAND.' HISTOR¥ of ENGLAND, from the ACCESSION of JAMES I. to the DISGRACÈ of CHIEF-JUSTICE COKE, I6o3-1616.  vols. 8vo. t863. PRINCE CHARLES and the SPANISH MARRIAG E, a617-I623. 2 vols. 8vo. I869 • HISTORV of ENGLAND under the DUKE of 13UCKINGHAII and CHARLES I. x624-168. 2 vols. 8vo. z875. The PERSONAL GOVERNMENT of CHARLES I. from the DEATH of BUCKINGHAM to the I)ECLARA- TION of the JUDGES in FAVOUR of SHIP-MONEY. 1628-t637. • vols. 8vo. t877. The FALL of the MONARCHX" of CHARLES I. 1637-1642. 2vols. 8vo. 188t. The above Volumes were revised and re-issued in a cheaper form, under the title of 'A History of England, from the Accession of James I. to the Outbreak of the Civil War, 6o3-x642.' to vols. Crown 8vo. i883-4. HISTOR¥ of the GREAT CIVIL WAR. I642-1649. (3 vols.) VOL. I. i642-x644. 8vo. x886. VoL. II. x644-x647. 8vo. x889. VoL. III. xo47-x6¢9. 8vo. X89L These Volumes bave been revised and re-issued in a cheaper form, in 4 vols. crown 8vo. uniform with the ' History of England, xo3-1642.' 1893. HISTORY of the COMMONWEALTH and PRO- TECTORATE 1649-166o" Vol. l. 1649-1651. 8vo. 189, I. ISTORY THE OF ENGLAND FROM THE ACCESSION OF JAMES I. TO OUTBREAK OF THE CIVIL WAR 1603-1642 BY SAMUEL R. GARDINER, D.C.L., LL.D. FELLOW OF MERTON COLLIGE, OXFORD ETC. IN TEN VOLUMES VOL. VIII. 1686--1689 NEW £DITION LONGMANS, GREEN, AND LONDON, NE'W YORK, AND BOMBAY x896 CO. .ll righs resere .] BEF. & REPl. THE CONTENTS EGHTH VOLUME. CHAPTER LXXV. IRELAND UNDER ST. JOHN AND FALKLAND. PAGE 6 5 Sir Oliver St. John, Lord Deputy . . . I o-2o The Wexford planta- tion . 1 Tie religious ¢iifficult; . 6 162 Waterford elects recusant magistrates . • 7 16, 5 The oharter of Waterford seized 8 62 St. John cre'ated Iori Grandison • • 9 1622 Lord Falkland succeeds Grandison as Lord De- puty .... 9 1623 Proclamation for the ban- ishment of the priests o I624 State of the army in Ire- l and . i  i626 The charter of" ,Vater'forci restored.. 12 First draft of the Graces . 3 PAG[ The Irish nobility con- sulted . 14 I627 Bishop Downham's ser- mon . . Attempt to induce the Irish to support the army . . .6 628 A contribution agreed to . '7 The amended Graces • 7 Parliament summoned and postponed . . 6 9 Difficultieswith the Catho- lics . . . Dissensions in the Irisl Council . 623-29 The Byrnes of \Vick" low . 629 Falldand's position shaken Falkland recalled . 63 Wentworthappointed Lor Deputy . CHAPTER LNXVI. WENTWORTH IN IRELAND. I632 The lrish officiais and the Irish Parliament 2 9 VVentworth's system o government . . . o HlS view of the situation in !reland . 32 The Earl of Cork . 33 \Ventworth means to see uith his own eyes 33 633 Arrives in Dublin • - 34 Obtains a prolongation of the contribution 35 ri I634 *635 CONTEIVTS OF PAGE His confidence in the power of government 36 Restores the discipline o'f the army . • • 37 His relations with the Irish Council and the King . 37 Uase of Lorenzo Cary 38 Trade encouraged 39 Condition of the Church . 4 r Bedell at Kilmore . 4' Ventworth's account of the state of the Church. 43 The Earl of Cork's seizure of Church property-- Lady Cork's tomb 44 Church ceremonies . . 44 Preparations for a Parlia- ment . . • 45 %Ventworth's reso]ution about the Grâces . . 46 His soeech at the opening of Parliament . 48 Parties in the House o'f Commons . 5o 1635 PAGE Six subsidies granted . 5o %Ven,worth's struggle with the Catholic party . S The Irish Çonvocation . 52 The English Articles adopted. . • 53 Presbyterianism in Ulster. 54 Proposed plantations in Ormond and Connaught 55 Enghsh view of lrish aflXirs . . The Londonderry settle'- 56 ment . . 59 Forfeiture of the charter . 59 Ventvor.h's visit to Con- naught . . . 60 Obtains an acknowledg- nient of the King's title to Roscommon, Sligo, and Mayo . . Resistance of the Gahvay jury .... 62 Irih view of Wentworth's pohcy. 64 CHAPTER LXXVI I. THE SECOND WRIT OF SHIP-MONEY. Alliance betveen Went- worth and Laud 67 Laud and Çottington at the Treasury Cmmis- sion . . 69 The soap patent . 7 I Contention between Laul and Cottington • • 75 Quarrel between Laud and Vindebank . 76 The Essex Fore-st Court . 77 Coventry's speech to the judges . . 78 Announces that ship- money must be paid by ail . . 79 State of the finances 8 [ Increase of the customs 82 Foreign complications . 83 Issue of the second writ of ship-money . . 84 Appeal to the fundamental laws .... 84 The Forest Çourt in the New Forests . . 86 Commission for Dean and Essex Fore.,t . . 86 Enlargement of Riehmond Park 87 1636 Cottington expects to be- corne Lord Treasurer . 88 Case of Pell and Bagg in the Star Chamber . 89 Charles refuses to punish Bagg . . 91 Collection of ship-moey 92 Partial resistance . 92 The judges consuhed \Vas the King sole judgé 9 of danger ? . • • 95 Is Parliament a constituent part of the State ? . 96 Charles's offers to Spain and the Emperor - 97 Asks that Lorraine mav be exchanged for the 15ala- tinate . . • 97 The Elector Palatine in England . • - 99 Taylor's mission to Vienna ioo The Emperor's offer . lOI Fresh difficulties in enforc- ing the payment of ship- money • • o2 Chambers app'eals in vain to the King's Bench ,o 3 State of feeling in thë nation xo 4 TttE EIGttTH YOL UAIE. vil 1634 CHAPTER LXXVII I. THE METROPOLITICAL VISITATION PAG E Thorough in Church and State io6 The metropolitical visita- tion . . Io7 Visitation of Salisbury io8 Brent's reports io8 Various aspects t non- confornfity . . . III Character of Laud's inter- ference . . I12 Order for the removal o the communion-t:tbles . ix 4 Cases at Ware and Beck- ington . x 16 PAGI Cse of VVard of [pswich. 118 "lhe foreign churches in England General irritation" c.use by Laud's proceedings . Gentlemen brought before tbe High Commission . 122 Shelford's Five Discoursc. i23 Baxter's reminiscences 12 4 Stafford's Fer'ml« Glary . 127 Growing fear of Rome 127 I-'rotestantism believed to be in danger 129 CHAPTER LXXIX. PANZANI'S MISSION. 1635 Position of the English Catholics . 13o 1634 Panzani's arrival . 33 1635 Panzani's conversations with Windebank . I33 Deus. Natura. Gratia 3 x Windebank's scheme fo suppressing Puritanism. i35 Terres of reunion with Rome discussed I36 Panzmfi's hopes . • 137 Bishop Montague favours the reunion . • I38 Brett's mission to the Pope 139 1636 Cottington's intrigues 14o The King decides on making Bishop Juxon Treasurer 141 Lxud holds aloo/ from Panzani • 143 Montague's conversation with Panzani 43 Case of Lady Pur£eek _ 44 I_ud vindicates his right tovisit the Universiues. I47 Speeeh of Sir John Coke. 147 Juxon attempts to recon- cile Laud and Winde- bank . Laud's roughness o} 149 manner . o The King's visit to Oxforl ;go 9 Decoration of the coIlege chapels . . . 132 NO enthusiasm in the streets . 153 CHAPTER LXXX. THE EARL OF ARUNDEL'$ MISSION TO VIENNA. 1636 Selden's 2Ware Clausum . 154 The sovereignty of the seas .... I55 Northumberland Admiral of the fleet . • 156 Small resuhs of his voyage zS8 Arundel's instructions I58 Ar,,ndels negotiation at Vienn'.. i59 hs failure I60 Leicester's neotiatiol'l il France . . ooo VIII COA:TENS OF I634 x635 pAGE A Spanish army in France. 161 Discussion of a treaty with France . . Failure of the invasion o 63 France . . . 163 France strong through toleration . . x64 Conditions of toleration . 166 Measures taken by the Home Government against the settlements in New England. 167 Resistance in America . I68 Proceedings in Massa- chusetts . . x69 Banishment "of Roger Williams i7o pAGE 1634 Eng]ish noblemen propose to emigrate . I71 1635 Early life of the younger Vane . . . x72 He arrives in IVlassachu- setts • • x73 x636 Mrs. Arme Hutchinson I74 Vane takes her part . 175 1637 Discussion between Vane and Winthrop on tolera- tion . • -- • I75 Vane returns to England 177 1632 Baltimore projects the Maryland colony I77 The charter of Maryland . x78 i638 Practical toleration in Maryland . x8o CHAPTER LXXXI. THE COURT-MARTIAL ON LORD MOUNTNORRIS. x636 Theory of Charles's govern- ment 182 1635 Wentworth's profosetî plantation in Connaught. i83 Laud varns Wentworth i84 XVentworth's quarrel witl Mountnorris . . 185 The dinner at the Lord Chaneellor's . I86 The court-martial on Mountnorris i87 XVentworth's account of his proceedings . .. 189 1636 Mountnorris expelled from office . 193 Wentworth visits England and defends his adminis- tration . 194 The King approves o[ his conduct. . . 197 Nature of his rule in Ire- land. 198 I636 1637 CHAPTER LXXXII. THE THIRD WRII OF SHIP-MONEY. English finance 199 Issue of the thir'd ship- money writ . 2oo Danby's letter to the Iing[ 2ox Charles shrinks from sum- moning Parliament 202 Warwick's protest . 203 Charles prepares to assist his nephev . . 2o3 Fresh overtures from France . . . 2o 4 Çharles consults the judges 3n the legality of his levy 3f ship-money . . 205 Declaration by the judges. 2o8 Legal and political aspeos of the qnestion 2o8 A treatv with Frncë accepted 2  o Wentxvorth's comment on Charles's foreign policy. 2It Comparison between XVentworth and Riche- lieu .... 214 Nature of XVentvorth's mistakes 215 The French refer he con- sideration of the treaty to their allies 2i 7 Windebank's overtures to the Dutch fishermen 218 Negotiations at Brusse]s . 2r 9 Northumberland attempts in vain to distribute fish- ing licences . . 220 Charles's position in the summer of I637 22I CHAPTER LXXXI II. THE RELIGIOUS OPPOSITION. ,637 Ecclesiastical difficulties . The unlicensed press . Prynne, Bastwick, and Burton Their trial in the "Sta Chamber Laud's defence of himself. Execution of the sentence on Prynne, Bastwick, and Burton . The press muzzled Laud and the Catholics Con as the Papal Agen at Court The Queen's support o the Catholics The Catholic converts Laud urges strong mea- sures against prosely- tism Struggle letween" Lauc and the Queen . The Queen s triurnph 1638 The Earl of Newcastle 1637 1638 PAGE 224 225 226 228 23 t 234 235 236 I637 1628 1635 236 1637 238 239 240 x638 PAGe. CHAPTER LXXXIV. THE CONSTITUTIONAL OPPOSITION. Ship-money provided for an actual want . 269 The expedition to Sallee . 270 Constitutional objection to shlp-money . . 27I Hampden's case in thé Exchequer Chamber 272 The decision of thë Judges . a77 Extravagant langage o) Finch . . • 279 Arrears of ship-money col- lected o 28o The Forest CoIrts 282 Corporate monopolies . 282 Brickmakers, coal-shippers, and soap-makers 283 Salt works . • • 284 Starch-makers, maltsters, and brewers 285 Vintners . 286 The growth of London . 287 City petition against . 288 Fhe physicians' report . 289 The Londonderry forfei- ture . . . 29o The new Corporation 290 Haekney eoaehes -- thè letter-post 29 t Drainage of i-latfiel Chase . Drainage of the drea 292 Level 294 Riots in thè Fens 296 Intervention of the Kiag " 298 Chades's position in the country . 299 The City of Lo'ndon a type of the local organi- sations . 3Ol Hopelessness of the King' appointed Governor of the Prince . - 243 English Puritanism--Mil- ton's Lycidas 244 [ohn Hutchinson . . 240 john Lilburne 248 His sentence in the "Sta Chamber 249 George Wither 25o Bishop "Williams prose- cuted in the Star Cham- ber . . 25t His second prosecution 252 2"he Holy Table, Namé and Thing . . 253 Sentence on Williams 254 The Latitudinarians -- Falkland . 255 Chillingworth . 259 The religion of Protestants 262 Jlhn Hales of Eton . . 265 is interview with Laud 267 Influence of Latitudina- rianism hot immediate . 268 x CONTNTS OF CHAPTER LXXXV. THE RIOTS IN EDINBURGH. I633 Feeling of the Scottish nobility towm'ds the bishops 304 The Scottish Ç'hurch 305 t635 Notes of an English tra- veller in Scotland . . 3o6 x634 Charles resolves to intro- duce a new Prayer-Book 307 The Church Courts . 308 1635 Pleparation of Canons and a Prayer-Book 3o9 x636 Issue of the Canons . 3fo The Prayer-Book sub- mitted to a ew bishops. 3IO It is didiked as Popish and English . . 3I I637 Orders given to enforee its use . 312 Tcmper of the nobiIity 313 The tumult at St. Giles' . 314 Traquair's matmgement . 316 The King's annovance 317 Henderson's petition . 318 Charles unable to draw back . , . 318 The Council does hot sup- port him . 3x9 The second flot at Edin- burgh . 320 Persistence of Charles" 32I The third riot at Edin" burgh . . . 322 The General Supplication 323 Commissioners chosen by the leaders of the Oppo- sition . 324 CHAPTER LXXXVI. THE SCOTTISH COVENANT. t637 Organised resistance . 325 I638 Traquair'svisit to London. 326 Charles justifies the Praver-Book 327 The Tables . 328 The National Cvenant . 329 Scene in the Grey Friars' Church - • 333 Traquair's account to the King . . - 334 An Assembly and a Parlia- ment demanded 334 General circulation o thé Coven an t 335 Reluct,'mce of Charles to give way • • 335 I]l-treatment o'f those who refuse to sign the Cove- nant . . . 336 Practical unity of the Scot- tish nation . . 338 Charles resolves to nego- tiate in order to gain time . . Hamilton appointed Coin'- 339 missioner . . 340 He despairs of success • 34t He arrives in Scotland and gives an account of the situation . 342 His reception at Edin- bmgn 343 ('harles prepares for war . 344 Hamilton offers to iduce the King to consent to summon an Assembly and a Parliament 345 The Divine Right o Assemblies . • 346 Hamilton's intrigue with the Covenanters 347 He returns to Englanl . 348 THIi" A'IGttTtt VOLU3IE. xi CHAPTER LXXXVI I. THE ASSEMBLY OF GLASGOW. PAGE 1638 The English Council in- formed on Scottish affairs 349 i637 XVentworth's progress in the \Vest of Ireland . 35 I His views on the conduct of Prynne and Hampden 352 I638 His opinion of the policy to be pursued for the re- duction of the Scottish Covenanters . 354 Early life of Montrose . 356 Montrose as a Covenanter 358 The Aberdeen doctors 358 Huntly and Argyle . 359 Montrose at Aberdeen . Ham:lton's second nfission to Scotland . . 36I He attempts to divide thê Covenanters . 36I His return to England anti third mission toScotland 362 The King's Covenant . 363 An Assembly and a Parlia- ment summoned . 363 Resistance to the King's Covenant . 364 Election of the" Assemlly 365 Charles resolves to resist . 366 The Bishops cited before the Assembly . 368 Meeting of the Assembl£, at Glasgow . . 368 It declares itself duly con- stituted . • • 37 ° Question whether the Bish- ops are subject to cen- sure by the Assembly I639 PAG E Hamilton dissolves the Assembly . • 37I Argyle's position in Scot- land .... 372 The Assembly continues sitting and abolishes Episcopacy . 373 ,Var becomes inevitable . 374 Tbe Congress at Ham- burg • • • 375 Unsuccessful expedition of the Elector Palatine 376 Secret negotiations at Brussels. 377 Mary de Medicis proposes to visit England . 379 Her arrival in London 380 Bernhard of VVeimar's suc- cesses on the Upper Rhine . Relation Of the "Scottish 38I troubles to Cntinental politics . . . 382 Hamilton's report on his mission . . . 382 Preparations for levying an army . . 383 Charles asks t'bat Spanish troops may be sent to Egland 386 The 5cottish army 387 Alexander Leslie . 388 The Scottish nmnifesto . 389 Villiams before the Star Chamber _ . 39 ° Publication of" the Large l)eclaration 39  HISTORY OF ENGLAND. CHAPTER LXXV. IRELAND UNDER ST. JOHN AND FALKLAND. FOR seven years, from 6t 5 to t622, Sir Oliver St. John ruled Ireland. In the main, he walked in the steps of Chichester. 6,s. In Wexford, Leitrim, Longford, Westmeath, and in st. John's other parts, advantage was taken of some defect in g,,vernment of lreland, the title by which, according to English law, the owners of the soli held thêir property, to convert the old loose V,-e,,:h Irish tenures into heritable fl-eeholds. In one re- plantations, spect these plantations differed for the better from the Ulster settlement. Care was taken that three-fourths of the land to be divided should corne into the hands of natives, and that a quarter only should be assigned to British under- takers. Yet even if the Government were animated by the best intentions--and there is every reason to believe that its intentions were good--the system which it adopted was one which llltlSt necessarily have entailed considerable hardships on the original inhabitants of the land. The mode in which the Government acted will be best understood by the single example of the Wexford plantation, which was commenced under Chichester and carried Stateof tO completion by his successor. In the northern VCexford. part of Wexford there were several septs which claimed the land as their inheritance by Irish tenure. These septs, after some delay, had claimed the benefit of a procla- 2 IRELAND U2rlEï ST. OHa% v. CH. LXXV. mation issued early in James's reign, and had surrendered their lands to the King, in the expectation that they would receive them back, to be held by English tenure. Unfortu- nately for them, this arrangement was never carried out. Someone discovered that the surrender had been ruade after the time prefixed by the proclamation had elapsed ; and before anv steps were taken to remedy the mistake, Chichester was informed that the legal title to the whole district was in eality vested in the King. An Irish chief, it was said, had ruade over the land to Richard II. That sovereign had granted it to Lord Beaumont, whose heir, Lord Lovel, had been attainted in the reign of Henry Vil. According to English law, therefore, the land forfeited by Lovel's treason had corne back to the Crown. The suggestion that this new discovery might be used to effect a plantation in the county of Wexford was not one which Chichester was likely to neglect. He did not, indeed, intend to thrust the Irish from their lands. He meant that thev should live on them as before, safe under English guardianship, and prospering in well-being and civilisation. To the Celtic tribes- man the chicanery of the lawyers was the too certain portent of evil to corne. He knew that Dublin swarmed with adventurers who had crossed St. George's Channel to repair their broken fortunes, and he was filled with a well-grounded suspicion of the English-speaking speculator, who was able to take every possible advantage of legal forms, and was skilled in ail the arts by which a neighbour's landmark might be removed without open illegality. * Even with the best prospect before him the Celt was hot likely to be very eager to embrace the advantages  Report of the Commissioners. Nov. lZ, 16 3, rrish CaL iv. 786.  "Alii aliis vexantur modis. Si cuivis tituli vestigium vel tenu- issimum ex reconditis archiviis, vel publicis scriniis aut tabulariis (de quibus nulla mentio per multas annorum centurias fando audita fuit) jam tandem actuariorum fraude, dolo, vel avaritiâ in lucem producatur ; si qua proscriptionis plagula (quoe tamen obductâ postmodum cicatrice, et medelâ adhibitâ sanari potuit, et, si regesta accuratè evolvantur, monu- mentis commendata reperiri queant) illa vel minima vulneris umbra detegitur, enodatur, exprimitur ; miserique nepotes premuntur, nudantur, spollantur, et ex cptimis territoriis ablegantur, vel ex dominis, heris, ac heredibus, deveniunt servorum servi et novorum mancipia dominorum." "f. bi. (i.e. Bishop Roth) Analccla Sacra, (ed. 616), p. 188. t6Io THE IFEXFOED PLA«VTA TIOW. 3 offered by a plantation. The old systetn of tenure, with ail ifs faults, was familiar to him ; and the old lire, with its wild o, lt- bursts of animal spirits, its joyous disregard of the decencies of civilised existence, was hard to shake off. In i6i i Chichester's plan for the settlement of Wexford was drawn up, and Sir Lawrence Esmond and Sir Edward ,6,,. Fisher were sent into the district to survey the lands Plan forthe to be divided, the extent of which was about 6x,ooo plantation of W«,f«d. actes. 1 In making their report the Cmmissioners stated that some x5,ooo acres were already held by legal tenure, and that 24,000 actes were to be set apart for natives of English or Irish descent whose lires in some way conforned to the English standard, leaving 22,ooo to be bestowed upon strangers, who were expected to build fortified houses or castles for the maintenance of order in the country.  It soon became evident that the proceedings of the Com- missioners were not regarded with approbation by the Iri.h population. Some fifty persons, indeed, who were already large landed proprietors, and who therefore had good reason to expect that their submission would be reckoned to their advantage when the division was ruade, gave their adhesion to the scheme. The remainder of the population, consisting of about 14.5oo men, women, and children, of whom about 3,5oo would be grown-up men, was almost without exception opposed to it. It would indeed bave been strange if it had been otherwise. Not only were 22,000 actes, or nearly hall the divisible land, set apart for strange colonists, but the claires of those Reason of the Irish who in some way or other possessed freehold rights, opposition, were treated with contempt. Of this class there were, according to native calculation, 667, and even the English ac- knowledged the existence of 440. Of the whole of this number no more than 57 were to receive lands ill freehold, in compen- sation for those of which they were to be deprived, whilst of these only 2i were to retain the bouses which they previously occupied. The remainder, on the plea that the amount of land t The amount is given in another paper (IrisA Ca.L iv. 78I) as 66,$co t probably including other lands hOt divisible. * Report, Irish ('aL iv. 255. 4 IREZ.,4ND UNDER ST..ï'O/-/W. ci. which they h.eld was too small to entitle them to consideration, :er.e. to be evicted from their possessions, though they were to b.e compensated by receiving farms on leases for years or lives from the new proprietors. As for the tribal rights of some 3,000 Irishmen, who had no claire to possess land in freehold at ail, they were entirely ignored. It is no wonder that the Commis- sioners found it expedient to terrify the people into acquies- çe;nce by asserting that the King, if he pleased, might seize the property of all who had taken part in recent acts of rebellion, and that they fortified their assertion by empannelling a jury, wbich at once proceeded to the attainder of 85 persons. After this they were able to explain any manifestation of adverse fee]ing by the misinformation which certain lawyers had spread a3nongst the natives for their own selfish ends.  The next step to be taken by the Government was to smttnon a jury at Wexford to find the King's title. The jury, 1»«. 4. however, proved recalcitrant, and declared against »'J""Y"«" the Crown. The jury was summoned before the fuses to l,d fo,-,,« Ki,,. Exchequer at Dublin, and it then appeared that, of tbe sixteen of which it was composed, eleven--some, if hOt ail of them being close]y connected by b]ood with Sir l.awr¢nce ESlnond, who was one of the Commissioners and principal undertakers in the plantation --werc ready to do as the Govcrn- mcn wished. The other rive were sent to prison and, finally, censured--that is to say, in ail probability, fined--in the Castle Cbamber. The eleven were then reinforced by others, some at least of wlaozaa had an interest in the proposed plantation, and by the new jury thus composed a title was found for the Crown.  For some ti«ae, however, little or nothing was done to carry this finding into effect. Chichester had probably too much on his hands during the session of the Par]iament which met in 1.63, and at the time of his recall in 6t 5 he left the Wexford plantation to lais successor. Scarcely had Chichester left Ireland when Sir Edwrd li.sher and others, of whom William Parsons, the speculator  Petitionof R. M'Damore and others May(?) 1616, Zrish CaL v. 24S.  Report on tbe V'exford Plantatioq Sept. 6I I, ibid. iv. * Report of Com:n:tsione, Nov. I, 1613, i[,id, iv. 781, I616 THE B"F..YFORD PLANTA TION. in Irish lands, was one, preferred a bill in the Exchequer against the inhabitants of a portion of the district, claimin t6x6. Mr«h. the land as tbeir own in virtue of a patent from Claire of Fishcrand the Crown. Before the native proprietors had rime others. to answer, Fisher obtained the service of a body of soldiers and ejected them from their bornes.  It was probably in consequencc of the representations ruade by the injured persons to the new Lord Deputy that a fresh 161.8. survey of the lands was ordered. When it was finally A n«,u» completed, the scandalous arrangement by which vey com- pleted. " nearly half of the divisible land had been reserved for the undertakers was fi-ustrated, and provision was ruade for restricting the strangers to the fourth part which had been origi- nally intended for them. In this way fl-eeholds xxere provided for eighty more Irishmen, who naturally expressed their warm sat,]sfaction with thcir unexpected good fortune.  Nothing, however, was done for the remaining population. Many of the ejected took refuge in the hills, and led the life of outlaws, robbing where they could. From a statement ruade bv St. John in 1619, that three hundred of them had been killed or hanged in the course of three years, it is evident that they must have been exceedingly numerous, a Many of them were, no doubt, as St. John alleged, younger sons having no means of lire because they were too proud to work ; but it is highlv probable that the numbers of the outlaws were swollen by dis- satisfied peasants, whose old habits of lire were compulsorily changed, and who resented, whether they had been small free- holders or not, the offer of the position of tenants in exchange for their original independence. In the eyes of St. John no harm whatever had been done. A few of the dispossessed natives ruade their way to London, where some were arrested and transported to Virginia. St. John Those who returned to Ireland were joined in Dublin atisfied. by 200 of their fellows, where they reiterated their complaints and where they were at once committed to prison.  Petition of M'Danlore and oth«rs, May (?) 66, Iris], CaL v. 248.  Docwra to  (?), Mnrch 3, 1618, ibid. v. 399.  St. John to the English Council, Sept. 29, 619, iM, t. v. 6 IlgELAND b'A'Dlïl¢ ST. 'OttN. cH. LXXV. As far as material prosperity was concerned Wexford was no doubt the better for the change.' As in U!ster, bouses and S,.te,« castles were built, and for those who were excluded W«ord. from freehold tenure there were farms to be held at long leases, or labourer's work with some certainty of employ- ment. On the other side of the account was the irritation caused by the denial of rights long held sacred, and the sense of insecurity which ahvays follows when the mass of the people believes that its Government is actuated by motives which it is unable to connect with its own ideas of justice. It was impossible for any Lord Deputy to ignore the es- trangement between the governors and the governed which piment,i« naturally resulted from the attempt of English states- of the Eng- ,h C,o«r,» men to lift a whole race to a higher stage of civilisa- m,,t, tion by a violent severance of the bonds which united the living generation to its predecessor. No Lord Deputy, however, unless he was cal»able of throwing off the ideas of his titne, could be expected to act otherwise than as St. John had acted, or to content himself with a more gradual process of improvement, based upon a recognition of Irish sentimenç at least as a foundation upon which to work. To the English oncial the Irish feeling about religion was as contemptible as the Irish land-system, though it was far more Thereligious difficult to deal with. It was hot only rooted in a difficulty, sentiment which he regarded as grossly superstitious, but it gave strength to a priesthood the influence of which was politically dangerous, and which could hot, by any possibility, be otherwise than disloyal to a Protestant sovereign bent on maintaining the predominance ot lais own religion. It is trne that a ruler in possession of overwhelming military force would have found his wisest course in tolerating what he could not alter, and in endeavouring, by the maintenance of order and by the gradual diffusion of the blessings of an enlightened government, to rally round him the gratitude of those who would owe to him much of their material prosperity, and whose spiritual interests were left to their own care. Unhappily, not  St. John and the Council to the English Council, Dec. 6, I620, Irih Cal. v. 71o. 162o THtï. H'./t TERI«ORD CORPORA TIO2V. 7 only was toleration, in tbose days, regarded as a bad thing in itself, but the Irish Government had hOt the command of tbat force which alone could make it feel safe enough to practise it. The Irish army was a mere skeleton of a military force,  and there were no regiments of trained soldiers to be had at short notice from England. A combination of the Irish tribes even from a few neighbourhoods would task all the resources of the Deputy, and it was certain that no organisation was so capable of bring[ng about a combination of the natives as that of the priesthood of the Church of Rome. The diflïculty in the way of the Government was too political to justify any Lord Deputy in refusing to confront it : at the saine rime, it was too religious to give him any chance of encountering it with success. Though it was impossible to enforce the payment of a shilling fine for each Sunday's non-attendance at church upon Thefinefor ŒE whole population, great annoyance was caused non-attend- by the arbitrary selection of individuals to bear the «ch. penalty without any corresponding advantage to the State. It seenaed more easy to deal with the case of a single Th po,t. locality. Ever since the suppression of the rebellion fo,,.,,», in the port towns in the first vear of James's reign, they had taken every opportunity of showing their hostility to the Government. Of these Flaces Waterford had shown ,61. itself the hardest to deal with. It persistently Waterford elected magistrates who refused to take the oath of threatened fore|ecdng supremacy. In 1612 James ordered Chichester to magistrates, suppress its municipal liberties, if the citizens refused to abandon the course which they had adopted.  The citizens, 6,s. however, stood firm, and in the autulnn of 1613 wt,ço,d the recusant magistrates were still in office.  The maintains its position, position which Waterford had taken up was the more obnoxious to the Govermnent, as it was enabled by its charter  On Feb. 4, 622, the whole force consisted of,7I men. lrish CaL v. S6. = The King to Chichester, Sept. 3 o, 62, i3ia. iv. 529. s .Moryson to Chichester and the Commissioners, Oct. 13, 1613, i3id iv. 763. 8 ]RELA3rj) UA'DER ST. 'OHN. c¢. LXXV tO refuse admission to the King's judges, and thereby to dis- pense with the holding of assizes at which penalties might be inflicted for nonconformity in religion. I Scarcely had St. John assumed the reins of govermnent Mien the case of Waterford became ripe for action. A rule r61s. was obtained in the Irish Chancery for the seizure of Thelibertles its charter unless the corporation would voluntarily of Waterford eized. surrender it.  Legal diflïculties, however, seem to bave stood in the way, and it was not till x6I 7 that a verdict 617. of a jury of the county of Waterford round the Oct. 1,,. liberties of the city tobe forfeited, s Upon this the Verdict of a countyjury, corporation promised to surrender its charter, but neglected to fulfil its engagement. Accordingly, in the spring of I618, the Court of Chancery proceeded to a final I618. Tecrte judgment, declaring the forfeiture of the municipal «ofeited. liberties of the çity.  It was easier to declare the charter to be forfeited than to know how to supply its place. The fixed idea of English 1619. politicians was that if Irishlnen would not corne up Englishmer- to the expectations of their rulers, Englishmen must chants to be introducect, be brought over to supply their places. Early in 169, therefore, the English Privy Council proposed that, as there was no one in Waterford fit to occupy a place in a new Protestant corporation, English merchants should be induced to settle in the city, and to undertake its government) In the following August St. John recommended that at least thirty should be induced to emigrate. They were to brlng their families with them, and at least 5ooL apiece. What was of even greater importance, they must be of good character and fit to exercise the office of a magistrate. They would have no difficulty in finding accommodation at Waterford, as there was plenty of waste ground to build on, including the sites of two Commissioners' Report, Nov. lz, 1613, Irish CaL iv. 781. Davies to Lake, Dec. zo, 16 5, ibM. v. 195. St. John to Winwood, Oct. 1, t67, ibid. v. 373- Docwra Io -- I?), M»rch 3, 68, ibi«L v. 399. St. John to the Ènglish Council, Feb. 26, a6a9, ibid. . 56. 7619 THE II"A TIïRFORD CORPORA TIO1V. 9 ruined abbeys. If the owners chose to ask too high a plice, the Irish Government would interpose and reduce them to ,6« reason.  The scheme which seemed so hopeful to J" " James and St. John was wrecked on an unexpected Failure of the plan. obstacle. The English Privy Council wrote to the mayor and aldermen of Bristol, inviting them to select fitting men for the new settlement. The traders of Bristol, hovever, were hot tempted by the offer of a residence in the midst of a hostile population. Not one could be induced fo leave his home for such a purpose, and the government of Water- lord had, therefore, for the present tobe carried on from Dublin.  St. John's career in Ireland was drawing to a close. Early in i621 he was created Viscount Grandison in the Irish peerage. ,6,. According to the ideas prevalent in England, his St. John career had not been unsuccessful. He had main- created Viscount tained the King's authority, and had advanced Grandison. plantations ; but complaints were always rire in Iie- 1and, and it was easy to imagine at Whitehail that a change of government was needed rather than a change of system. ,6. Before the end of the year it was resolved that Y«" Grandison should be recalled, and on May 4, I622, Grandison recalled, he delivered up the sword to the Lords Justices who were to exercise authority till the arrival of his successor. That successçr, Henry Cary, Viscount Falkland, in the Scottish peerage, owed his appointment to the favour of Buck- Falkland ingham. A man, naturally kindly and desirous of L«, fulfilling his duties, he was alike wanting in the ])eputy. clear-sightedness which detects the root of an evil, and in the firmness which is needed to eradicate it. His letters are full of querulous complaints of men and things, and of expositions of the intractable nature of the population eom- mitted to his charge, mingled -ith very scanty suggestions of remedies to be adopted.  St. John and the Council to the English Council, Aug. 4, 69, Irish CaL v. 564 .  Mayor and Aldermen of Bristol to the Ènglish Council, Jan. 162o, içid. v. 615. fo IREL,4«VD UArD,çR FMLA"LMIVD. CH. LXXV. When Falkland arrived in Dublin in September, 1622, he came with the full resolution of putting an end to the Sept. 6. r'aklan«'s activity of the Catholic clergy. Usher urged him to arrival, severity in a sermon on the text, "He beareth hOt the sword in vain," and Falkland imagined it to be The Catholic «lergy tobe possible to accomplish that which so many stronger silenced, men than hilnself had failed to do. In a despatch to the English Privy Council he drew a distnal picture of the ,63. state of Ireland. Priests swarmed in every part of Jan.,. the country, and excited the people by telling them Proclama- tion banish- that there would soon be a toleration in religion. On ing the pr,ests. January 21, 1623, the Lord Deputy issued a pro- clamation ordering the banishment of the priests, e Under no circumstances was such a proclamation likely to be obeyed in Ireland, and least of all at a time when the con- clusion of the nmrriage treaty with Spain was the main object of the English Government. The attitude of the Catholics became more provoking than ever when it was known that the Prince had gone to Madrid fo woo in person a Catholic bride. M,'il« AS the summer wore on the wildest rumours were in mo». circulation. Tyxone, it was said, would soon return. At the fair at Kells, one Henry Dowdall announced publicly that the Prince was actually married in Spain, and that Buck- ingham had carried a cross before him at the cerelnony. At Cavan two or three thousand Irishmen gathered to hear mass, and threatened to do the like in the parish church, z In Decem- ber the ncbility of the Pale thought the tilne was corne when their complaints might be ruade with effect, and A Catholic deputation proposed, under the pretext of offerinq their congra- topoe«, tulations to the Princ on his return from Spain, to send agents to England to state their case.  By this time, however, the breach with Spain was already in contempla- t Falkland and the Council to the English Council, Oct. Irish Cal. v. 954- « Proclamation, Jan. 2l, 1623, ibid. v. 98o. s Falkland to Calverr, Oct. 2o, ibid. v. o76.  Falkland to Conway, Dec. t4, ibid. v. 11o. 1624 tion, and on January 2i Falkland was nble to issue a second time his proclamation for the banishment of the I624. 13ani.hment priests.l James, however, was for some time hesi- of t.he priests ,,ça,. tating whether to throw himself into opposition to ordered. Spnin or not, and on February 17 the English Privy Council checked the ardour of Falkland, directing him to content himself with the suppression of tumultuous Feb. F.ik,« assemblies, of the erection of religious bouses, and heId back. of" meetings which were likely to be dangerous to the State." Belote long, however, thç breach with Spain actual]y took place, and Falkland's hands were freed. He was, however, in no position to take violent action against the priests. Fresh r, mour.in A fresh crop of rumours sprang up, of warlike pre- eUnd. parations in Spain to be directed to the relief of Ireland, and in the midst of the excitement he was compelled to stand on the defensive. The diminutive army on which alone Falkland could rely was in evil plight. When the last Lord Deputy left Ireland it State of the had been unpaid for two years and a hall. "For mv army. part," Grandison had written to the Eng[ish Counci[ just before his departure rioin Dublin, " I pray you to receive the intercession I make for them now in the perclose of my government as the last words of a dying lnan that have long beheld this lamentable spectacle with much compassion ; and if I shall be made so unhappy to leave this government with an arrear of hall the time I bave continued in it, I know I shall be followed with a thousand curses, and leave behind me an opinion that my unworthiness or want of credit bas been the cause of leaving the army in worse estate than ever any of lny predecessors before me have done. '' Under Falkland the condition of the soldiers was no better. The Irish revenue was insufficient to pay the expenses of governing the country, and there were too many calls on the English exchequer to enable the richer country to supply the deficiency. It was, t Pxoclamation, Jan. 2I, 624, Irish Cal. v.  t39. = The Englih Council to Falkland, Feb. a Grandi»on to the English Council, Apnl 8, I622, ibi, L . 837. therefore, Supplles granted by England. granted. x65. Reneved d.stress of the soldiers. IRELAN1) UNDA'R FALA'LMWD. CH. LXXV. no slight relief to Falkland when the English Parlia- ment of 1624 mot only sent fresh reinforcements to Ireland, but accompanied them with six months' pay drawn from the subsidies which it had recently The relief, however, was but temporary. In the follow- ing year Falkland complained that the pay of the men had fallen four months in arrear.  The natural con- sequences ensued. The appointed guardians of the peace became its worst violators. The peaceable inhabitants t626. were robbed, in order that the soldiers might have 'l'h««o,- wherewith to live. "l'b.e discipline of the army was quent dis- ,,,,- ruined, whilst the dscontent of Irishlnen of ail classes was grievously aggravated.  In the autumn of 1626, when it seemed likely that a war with France would be added to a war with Spain, the defence- "n,r,,,yto less state of Irelandcould no longer be left unnoticed t,«i,,-«à, by the English Government. One of the Lords of the Pale, the Earl of Westmeath, bad been for some time in l.ondon, where he obtained a hearing for the grievances of his countrymen. With the advice of the English Privy Council, Charles resolved to increase the army in Ireland. He would have a standing force of 5,oee foot and 5eo horse. The sup- port of such an army must hot, as hitherto, be left to chance. As it was hopeless to expect to draw the money which was needed lbr the pay of the soldiers from the English exchequer, some method of imposing the burden upon Ireland must be de-,,ised. If Irishmen were tobe induced to find the money, it would be necessary to pay some attention to their com- The charter ,Wa«aod plaints. As a preliminary measure the Charter of retored. Waterford was restored, and a recusant mayor in- stalled in office, a  Falkland and the Council to the English Council, Nov. 28, 625. z Falkland and the Council to the King, March 4, 626, A&L ,'IISS. 3827, fol. 56 , 74-  Falkland to Conway, Sept. , t6-'6. Ox Nov. 3,. the new Mayor and Sheriffs sent Conway a present of lrish whiskey, as a tokcn of thcir gratitude. . 2 . ]reland. t626 THE GR4CES. t 3 On September 22 Falkland was directed to convene an assembly of the nobility, and to invite them to engage for the spt. 2. payment of a regular contribution by each county The nobility for the maintenance of the army. In order to in- tobe asked to con- fluence the decision of this assembly, a statement of ,ribute. the concessions which Charles was ready to make was to be laid before it. These concessions, in the form which they t)Itimately as- sumed, are known in history as the Graces. Those which Firstdraft of touched the burning questions of the Curch and the Graces. the land possessed a special importance. It was hOt likely that anything would be done for that considerable portion of the population which had suffered from the suppres- sion, without compensation, ofthe Irish tenures. The grievances which were to be redressed were those of the middle and uppr classes. It was upon them that the fitful exaction of the shilling fine ahnost exclusively weighed. It was from them, too, that the complaints against religious disabilities mainly procêeded. No man, they had offen urgd, could take office or even prac- tise in the law courts without taking the oath of supremacy. In the reign of James a Curt of Wards had been established in Ireland, which claimed the right of providing that the heirs which fell under its control should be educated in the Protestant religion, and which tendered the oath of supremacy to the hir arriving at full age before it permitted him to enter upon his inheritance. For most of these grievances provision was ruade by the Graces. Charles could not persuade himself to abandon his hold upon heirs under age, but he consented to substitute for the old oath of supremacy a new oath of allegiance which no loyal Catholic would feel any difficulty in taking, and to re- nounce, except in special cases, the shilling fine for non-attend- ance at chtrch. On the land question the Graces were still more liberal. By consenting to the acceptance of sixty years' pos- Articles affccting the session as a bar to alI claires of the Crown based land. upon irregularities of title, Charles put an end to the prevailing fear of fresh plantations, a boon which was more !4 ]RELA:VD UA'DER FALKLAND. CH. I.XXV. especially welcome in Connaught. The landowners there had received a recognition of their titles from Elizabeth and James, * but the officials entrusted with the duty of enrolling the patents by which this recognition acquired legal force had neglected their work. Charles now declred that no advantage should be taken of the omission. Finaliy, he promised to call a Par- liament in Ireland to take into consideration the grievances of his subjects. * On November  3 an assembly of the Irish nobility was held at Dublin. Its consent was asked to the bargain proposed by the King, but its members professed themselves in- Nov. Irish nobillt¥ competent to make a money grant without consulting coultcd, their neighbours, and the meeting was therefore prorogued until April, when the bishops and peers of which it was composed might be reinforced by a body of commissioners selected by some kind of irregular election in the counties. 3 1-)uring the interval, Falkland's mind assumed every hue of  In view of Wentworth's subsequent proceedings in Connaught, the following extract from a letter fr,m London is worth reading, as showing that the landowners of that province had every reason to understand the question as settled in their favour. " My Lord Chi[chester] hath writ to the Duke concerning the business of the Connaught surrenders, and till he heareth from him he forbeareth to give answer to your letters. The 22nd o( the last month, amongst other Irish business, the Commlssioners attending the Lords of the Council, the Connaught surrenders were spoken of, and how they were in fear of a plantation. The Lords so much declared themselves against a plantation that, though they did hot absolutely orOer it at the Board, yet they gave commandment to Mr. Meautys that there waited, to keep a remembrance that they were of opinion and held it fit that his Majesty would be pleased to signify his pleasure to the Deputy, that in case they wanted a due form, eitber in surrendering, passing, or enrolling thelr patents in due rime, that some should be sent hither out of that province authorised, who should bring one of their patents with him, if all keep but one fi»rm, which shall be viewed by the King's learned counsel, ri-oto whom they should receive a form of passing ail the test ; and that there should be one easy and certain rate set down what eve,'y one should pay for passing them anew." J. W. fo Falkland» Dec. 4, 1624, Add. MSS. 3827, fol. 45. - Original draft of the Gr,qces. Sept. zz, 626, S. /'. Ireland. • Diary of the Assembly, ibi«L 6z7 .,4 21[UT'INOUS A1?.]IrF. querulous despair. Everyone in Ireland was taking his own W,ta,d i, course without regard for the authority of the Lord despair. Deputy. The example of Waterford had encouraged the other towns of the South to elect recusant mayors. The soldiers were in a state of mutiny for want of money. The counties refused to keep the troops any longer. The Eglish settlers were as recalcitrant as the men of Irish birth. In Fermanagh the new settlers declared that, rather than continue to keep the 5 ° soldiers who had been cessed upon them, they would throw up their estates and leave the country. "If," wrote the Lord Deputy, "any violence should break out there (and it is not unlikely) and a,nongst the English, as they seem • to menace, what could contain the Irish counties ?" 67. From Antrim came thesalne tale of resistance. The plantation there, according to the report of the principal gentle- men of the county, was only in its infancy. Their tenants were for the most part strangers of British birth, who would rather leave their lands than undergo such heavy burdens. In various parts of the country wood-kerne were robbing and co,nmitting outrages in scattered bands. The l.ord I)eputy was unable to disperse them because he had no money with which to pay the officer whom he had selected to command the troops destined for the service against them.  Falkland, no doubt, had fallen on evil times. It was hot he who had ruade Ireland what it was. Yet it was unfortunate that in such a crisis a man so utterly without resource should have been at the head of the Irish Government. The day appointed for the meeting of the Assembly in its new shape was April 1 9. Before the opening of the proceedings April 9- the Lord Deputy attended Christ Church in state. ,i.hop The sermon was preached by Downham, the Bishop Downham's çermon. of Derry. He chose for his text the words out of the song of Zacharias : "That we, being delivered out of the  Falkland to the English Council, Oct. 5, Nov. o, 6z6. The in- habitants of Fêrmanagh to Fakland, Nov. (?). t66. The Erl of Antrim and the Justices of the Peacë of Antrim to Falkland, Feb. Ire and.  Falkland to the English Council, Feb. 7, 627, ibi, L 7o IREL,,I:VD U, VDER FALKLAND. CH. Lxxv. hands of our enemies, might serve Itim without fear." It soon appeared who they were whom the bishop regarded as his enemies. He read out a declaration against toleration to which all the bishops had recently set their hands. To grant a tolera- tion was to be accessory fo superstition and idolatry, and to the perdition of the seduced people. It was especially impious to set religion to sale. When he had finished reading, Down- haro cried out, in a loud voice, " Let all the people say Amen !" From the whole of the assemblage the Amens rose loudly. When the sermon was over, Faikland told the Bishop that his words must be sent to the King. Downham, howcver, stood his ground, and declared that he was not ashamed of anything he had said. The cleclaration of the bishops was certain to dispose an Assembly, in which the Catholics were largely represented, to The rein- place itself in opi)osition to the wishes of the Govern- f¢ed a.- ment. The Assembly, in fact, at once replied by a sembly re- f,,¢o- refusal to contribute to the army, and, though Falk- tribution, land kept it together for some days, he found it im- possible to move it from the position which it had taken up. The reason openly given for this refusal was the poverty of the country; but Falkland gathered from words which had been let fall by some of the Lords of the Pale, that the real object of their desires was to substitute a militia commanded by them- ly. selves for a standing army. On May z he dismissed The noblity the representative members of the Assembly, retaining constdted ry. the nobles for a few days longer in the vain hope that they -ould be more submissve. Their reply was that they had given all that they could, and that they would indict the sheriffs, on a charge of treason, if they levied cess for the pay- ment of the soldiers. In future, it was said, householders will 'shut up their doors,' and the soldiers may force them and take what they list, but give to them with their 'ovn goodvill they will not.' Under these circumstanccs the at- tempt to conciliate the nobility was necessarily abandoned. Falkland wrote« as he had often written belote, that un!ess  Judgment of the Archbihops and Bitihops, S. P. lreland. z627 TtIE A.1[E.VDED GRACES. I7 money were sent from Egland, it would be impossible to govern Ireland.  On May 12 a letter arrived from the English Privy Council showing Falkland a way out of the difficulty. He was to inform tay,. the Irish that their opinion was not asked on the The lrish question whether the new army was to be maintained, ordered to p-y- or whether the requisite sure was to be levied in Ire- land. Ail that was required of them was advice as to the most convenient way of levying the money. Upon this a few of the I.ords of the Pale were summoned before the Council. A cess tobe leviedfora Under stress thev eithcr agreed to the levy ofa cess, v" or at least did hot openly reject it; whilst, o, the other hand, permission was given for the election by the cities and counties of agents to represent to Charles the June. grievances felt in heland. Even with this prospect of obtaining further concessions the Lords of the Pale refused to take any part in the assessment of the cess.  It may be that it was easier to raise an opposition to Falk- land at Dublin than to contend v«ith the King himself and the 6s. Privy Council at Whi;ehall. At all events, when the lt.y, agents appeared in London in the spring of 1628 Contribution agr«d to. they gave complete satisfaction to the Government. • They bound Ireland, as far as they were able to bind her, to provide 4,oool. a year for three years, a sure which would be suflïcient to support the army. The payment was to commence at once, and was tobe deducted from the subsidies which might be granted in the next Parliament. In return Ireland received the Graces somewhat amplified, t Diary of the Assembly. Falkland and Council to tl'.e English Council, April 20, May 3, 9, I627, S. P. Irelan,1. The following extract fronl a speech made by Usher on April 3o is worth the consideration of those who hold that the Irish were hOt wronged by the plantations. ".Ve," said the Archbishop, "have broutght new planters into the land, but have left the old inhabitants to shift for tlaemselves, who, being strong of body, and daily increasing in number, and seeing themselves deprived of their ancient means of maintenance, which they and their ancestors have formeriy enjoycd, will undoubtedly be ready, when any occasion is ffered» to disturb out quiet."  Diary of the Assembly, S. _P. Irdand. VOL. Vlll.  8 IRELAND UNDER tg4LA'LA2VD, cH. LXXV. but modified by the omission of the engagement to abstain from enforcing the weckly fine for non-attendance at • rhe Grçes. church. The new oath of allegiance, the abandon- ment of the right to enforce the King's title to land which had been in private hands for more than sixty years, were both conceded, and a special promise was given that the landowners of Connaught should receive in the next Parliament a con- firmation of their estates, 'to the end the smne may never hereafter be brought into any further question by us, our heirs, and successors.' 1 November 3 was fixed as the day on which the promised Parliament was to meet, and the writs for the elections were 1-b'. actually issued by Falkland.  The English Council, Plia,,t however, reminded him that Poyning's law imposed upon them the task of approving of ail Bills tobe submitted to the Houses in Dublin, and that he had hot left them rime to give the necessary attention to the .qeptem ber. h iscounter- business. Though SOllle at least of the elections had ,d«a. already taken place,  Falkland was obliged to an- nounce that he had acted beyond his powers, and to withdraw the writs which he bad i,sued. 4 There is no reason to suppose that anything more than a brief delay was intended.  In thespring of 1629, however, the  The King to Falkland with instructions enclosed, May 4, 168, S. t 9. Z,'eland. e Falkland to the King, July 29, ibid.  At Dublin, the election took place on Oct. 7. The Protestant can- didates had about 1,ooo rotes, the Calholic about 1,4oo , ' most very poo men, as porters, &c.' Sir J. Ware's Diary, Cr,,wcombe Court 1llSS. • Falkland and the Council to the English Council, Sept. 8, S./. lreland. s Most writers charge the King with deliberately breaking his promise to summon a Parliament. The corresp6ndence in the State Papcrs war- rants a different conclusion. On Aug. 5 the English Council wrote to Çonway that the rime allowed them was too short to correspond with the Deputv on difficulties which might arise in the preparation of the Bills Thev therefore did not think Parliaraent could meet in November. " If his Majesty," they went on to say, " do continue his purpese to bave it ealled any time the next winter, we hold it very necessary that we should receive speedy direction to appoint a Committee of some intelligent men ©f the courses of that kingdon to consider of all such things as will be English Council was anxiously smoothing away difficulties belote the approaching session at Westminster, and it is no matter of surprise that, when that session came to an untimely end, Charles should have been in no mood to encounter ano- ther Par]lainent at I)ublin. The very naine of a Par]lainent must have brought before his eyes a vision of riot and confu- sion, of false charges shouted out against his faithful ministers, and of a Speaker held down by violence in the chair. Unfor- tunate as the delay may bave been, if is surely unnecessary to seek further for the motives of those who caused it. Not that causes were wanting to make Charles hesitate to follow on the path on which he had entered. The Catholic .,«h. priests construed the concessions already ruade as Di«ultles an acknowledginent of weakness. In Monaghan with the ctholis, they invaded the churches, drove awav the Protestant incumbents, and celebrated mass at the re-established ahars. necessary to be resolved of for the preparation of a Parliament then, and they to make report unto us of their conclusions ; . . . and we hohl it further requisite that his Majesty would be pleased to direct us to wrile o the Deputy and Cotncil there concerning his gracious pleasnre of holding the Parliament, for that we doubt that they in that kingdom begin o grow into some diffidence of the continuance of his Majesty's intention in lbat behalf, having heard nothing o[ it since the going ver of the ageuts." O» the 2lSt, Conway answered that the King was satisfied wlth their satement, and ordered them to write to the Deputy and Council in lreland, ' to assure them of his Majesty's constant resolution to have a Parliament cailed anal holden there as soon as the needfifl forms and preparations for that assembly will adnlit, which your Lordships may intimate are already in hand and shall be prosecuted with all fitting expedition.' On the zsth the Council wrote accordingly, and their letter was received by Falkland on Sept. 5- The next day the Deputy, with the advice of his Council, resolved that the elections should nevertheless proceed, proposing to adjourn Parliament when it met. Meanwhile, on Sept. 9, a committee of lawyers in London certified the English Council that an Irish Parliament could not even be summoned till the Bills to be laid before it had been approved under the Great Seal of England. This, I suppose, settled the matter, and the sure- ruons must have been rescinded on the intimation of this opinion. There is nothing here showing any underhand desire of the King to pospone lhe meeting of Parliament. Why the postponement lasled so long is merelg a matter of conjecture, and the explanation given al-ove seems to be suffr- ¢iently reasonable to make it unnece_-sary fo resort to the idea of deceit, C  12?tLZt2VD U2VDER FILA'LIWD. CH. LXX r. In Dublin buildings were erected as a monastery for the friars, and th-ere too mass was attended openly by large crowds. Nor was the internal harmony of the Irish Government ielf such as to fit it for the delicate task of meeting Parlia- ment. The Lord Deputy, supported by the majority Dissensions in the'lrish of the Council, was engaged in bitter strife with a c«'9!',.., minority, amongst the members of which the Lord Chancellor, Lord Loftus of Ey, and Sir Francis Annesley, afterxvards notorious as Lord Mountnorris, were the two most conspicuous. It was believed that this minority to some ex- tent sympathised with the Irish nobility and gentry in their complaints against the Government, and after the dissolution i62,. of the Assembly, which met at Dublin in 1627, de- Ch«g finite charges were brought against the Chancellor, t)rouht again.t-the [,robably at Falkland's instigation, in which he was c.¢«,o., accused hOt only of malversation in his offiçe, but of giving encouragement to the malcontents to refuse supplies rb the King. In the summer of 1628 the case against him was heard in London. His answers to some of the charges were considered tobe sufficient, and he was allowed to return to Dublirt in the full exercise of the authority of his office, pend- mg further inquiry into the remainder. The result was regarded as a triumph by Loftus, who followed it up by asking leave to prosçcute in the Star Chamber the persons who had brought unfounded accusations against him. Jf Falkland was to ho!d his own at Dublin, it behoved him to catch the eye of his sovereign by some act of vigour, and there could be little dotbt that the blow, if a blow there was to be,'would fall on the native Irish. From the beginning of his idministration, Falkland had been anxious not merely to carry out the plantations which had been handed down to him by his predecessor, but to set on foot new ones of his own. As a'h s,, early as in i623 he had cast hs eye upon a district olWickow, amongst the Wicklow mountains, inhabited by the sept of the Bmes. In bypast rime this sept had been noted t Charges against the Lord Chancellor, with his answers, June 2. q2'he Lord Chancellor to Conway, Aug. ! l, 162S, 5". . Irdand. Pro- eedings .of .thg.Ç;.»,tu3ci[, jtly 7, ibid. 6-- 3 THE B]'R.VES OF IIYCA'LOIV.  for its turbulence. In the last years of Elizabeth, when all England was in confusion, Phelim tlyrne, who was now the chier of the sept, with others of his relatives and dependents, had been guilty of an act of unusuai atrocity. Having tracked Sir Piers Fitzgerald to a house in which he had taken refuge witli his 'ife and daughter, they had set tire to the thatch and had burnt the whole party alive. 1 Since the accession of James, however, ]Phelim had settled don to a regular iife, and had endeavoured to gain credit in Dublin for keeping some kind' of order amongst his wiid neighbours. A district such as that of the Byrnes was certain to ,ttract the notice of Falkland, who had placed himseif in the hands of men such as Sir William Parsons, the Master of Falkland ,,ih.to the new Court of Wards, who combined a theoreti- make a plan- tation in cal belief in the virtues of the plantation system wi¢klo,, with a shrewd regard for his own interest. In x623, therefore, Faikland proposed to set up a plantation in Wickiow. Much to his surprise, he found that his scheme found no countenance in England. The Commissioners for Irish Causes, -io had been appointed to give advice to the English Privy Council, reported that, however excellent the plantation system was, it had been much abused by persons who had got large estates into their possession without fulfii- ling the obligations under which they had corne. They there- fore recolnmended that the Lord Deputy shouid content him- self vith breaking up the dependency of the people on their chiefs, and shouid dispose of the lands amongst the natives themselves at profitable rents.  Two years later, Faikland returned to the charge. He now, announced that he had discovered a dangerous conspiracy, in. which the Byrnes were concerned, together with the Butlers, t Deposition of W. Eustace. Gilbert's tXrisL 'f lhe Irish Cot#deralion,! il. 2o 5. " Falkland to the English Council, May 3- The Commissioners for Irish affairs to the English Council, July, 1623, rrish CaL v. lO19, 1058. The Ccmmissioners were not, as Mr. Prendergast supposes (Pr,'f. lo Irisk CaL v.), 'a Committee of the Privy Council»' But a consultative body outside it. -"22 IRELA2VD UA'DER FALKLAND. cH. LXXV. the Cavenaghs, and the Tooles. I625. March 25. Falkland discovers a plot. Two of Phelim's sons were accused of participation in it. The Lord Deputy declared that the only way of dealing with such men was to seize their lands and establish a plantation upon them.  Once more the Commissioners for Irish Affairs stood be- tween the impatient Lord Deputy and his prey. They seem Falkland is to bave entirely disbelieved the charges which Falk- ,otaowed land had hinted at, and advised 'as the best course to seize their lan«s, to reduce that barbarous country to some good settlement,' that Phelim should receive a grant of ail the lands claimed by him, on condition of making a grant to his six younger sons of 2oo actes apiece, to be held in freehold. He himself, according to the report, had been 'loyal and of good desert to the state,' and lais sons were 'proper men and civilly bred.' The time was not seasonable for a new plantation. * For a long time Falkland kept silence. He and his sub- ordinates were, however, much interested in making out a case against the Bylnes. On August 27, i628, just after the Lord Chancellor had returned from England with the honours of victory, the Lord Deputy wrote a triumphant letter to the King, .6,s. announcing tbat he had now completed his discovery Aug. 7. Falkland Of the great conspiracy of which he had for three .,o,,«e years been upon the track. Phelim Byrne and hissix that he bas completed sons  had been indicted at the Wicklow assizes, and a his dis- co*'«ry, truc bill had been round against them. The father and rive of the sons were lodged in Dublin Castle, and would be tried the next term. The other son, Hugh, was in London, solicit- ing favour for his fatber and hs brothers. He was as guilty as the test, and should either be sent to Dublin or imprisoned in England. Let the King grant no pardon to any of the family before the trial, or give away their estates till the Deputy and the Irish Council had been consulte& "For," added Falkland Falkland to Conway, Match 5, 625, Irish CaLv. 398. Report of the Commissioners for Irish Affairs. S. dated, Charles L The report of the Commissioners last mentioned speaks of six yeunge Frobabb/one had died sinc¢. t6z8 TttE BFI¢A'ES OF IVICKLOIU. " it is without all peradventure that the well settlement of these escheats do most importantly concern the settlement of the future peace and tranquillity of this kingdom in security and perpetuity with the assured good and advantage of the Crown." 1 To Falkland's intense astonishment, Charles replied that hê laad received a petition from the Byrnes complainmg of ill-trcat- oct. 3. ment, and that he had therefore directed the forma- A¢ommittee tion of a committee of the Irish Privy Council to of investiga- tion. investigate the matter with impartiality. * When the names of the committee were read, those of Falkland's greatest enenfies--the Lord Chancellor, Sir Francis Annesley, and Sir A rthur Savage--appeared amongst them. By his answer, the Lord Deputy showed that he regarded the King's orders hOt only as the result of an unworthy intrigue, but as directed entirelyagainst himself. He objected, he said, to a petition in which his Majesty's deputy was to be 'arraigned in ' his ' procecdings in the discovery and prosecution of traitors by persons' subordinate to him in his 'government, to the great blemish of' his' honour and integrity; whilst the persons accused, and by twelve lnen--of the best consequence in their country-- found guilty, shall be so protected from trial, and against a lawful verdict, be supposed and suggested still innocent.' On this ground Falkland begged that the trials lnight proceed, and execution be deferred till the King had been fully acquainted with the circum- stances of the case. " If in the process," he ended by saying, "it shall appear that my actions and aires in this service have not been in ail circulnstances becoming the person I ara in the office I exercise, as full of candidness, moderation, clemency, uprightness, and integrity as of circumspection, vigilancy, industry, cost and hazard, my head on the block shall be the price of my folly and iniquity ; so, on the contrary part, if I be found upright, that my honour be repaired and an inquisition ruade what bad brokers of this or that land have been em- ployed, and what means they have used to blind authority nd  Falkland to the King, Aug. 27, 628, S. P. Ireland.  The King to Falkland, Oct. 3, 68, ibid. "24 II?ELAA'D .rNDER FALKLAA'I). CH. LXXV. purchase corrupt friendship, to procure favour for so gross and capital offenders, and to pervert justice ; for I that know what attempts have been made upon myself can easily divine what essays may have been ruade and ways sought elsewhere." 1 Whatever migkt be the truth about the Byrnes Falklm.d stands self-condemned. No thought of the possibility of a miscarriage of justice occurred to him ; no recollection that, if :ome members of the committee were his enemies, others were hot, and tbat one of them at least, Archbishop Usher, might be trusted to see that the investigation ordered should be honest and impartial. Falkland's mind was so filled with the sense of his own offended dignity, that no room was left in it for any other consideration. The Commissioners set to work arnidst unexampled diffi- culties. Not only did the Lord l)eputy refuse to tender any o,,ember. assistance, but he threw every possible obstacle in Difficulties their way. As the greater number of available wit- in the way «tbe«om- nesses were in close prison in the Castle, they could rnittee. not be brought up for examination without Falkland's permission. That permission he refused to give, and he turned an equally deaf ear to the requests of Byrne and his sons to be informed of the precise nature of the crilne of which they were charged.  It was enough that he had himself ruade up his mind that they were guilty. The Colnmissioners had therefore recourse to 6u 9. J-. « such evidence as they could derive from persons still The result of the investi- at liberty, and this they forwarded to England with- gation, oHt comment of their own. 8 The tale which is to be unravelled from the statements ruade belote the Commissioners is no doubt one which might be to some extent modified, if we could hear the other side. Yet it is hardly possible that any modification could make it otherwise than revoIting. The witneses upon whose testi.  Falkland to the King, Oct. 20, 628, S. t . Ireland. : Falkland's answer to Brian Byrne's petition, 1Nov. 8. Fa!klands. *mswer to Phelim Byrne's petition, l'qov. 2, 628, ibid.  The Comittee to the EnK[ish /t'riw$ Council, Jart. zo, x6zg, ibid. 6 9 TttE 2 I'RA'ES OF IITCt(LOII. . 2 mony the Byrnes had been indicted were for the most part condemm:d felons, who had saved their lives by offering to give su«h evidence as was sought for by persons in authority, or who were driven to offer their testimony by threats or even by torture. One witness against the Byrnes had been placed on the rack, another had been put naked on a burning gridiron. Those who had got up the case by such means as these were l.ord Esmond, Sir Henry Bellings, Sir William Parsons, William Graham, and others who were hungering for a share in the new plantation. One witness, I-Iugh Macgarrald, deposed 'that he was apprehended by William Graham, the Provost Marshal, who kept him seven days in his custody, tied with a hand-lock, and two several rimes the said Graham threatened to hang the ex- aminate ifhe would hot do service against Phelim MacPheagh ;  one time sending for a ladder, and another time showing him a tree whereon he would hang him, and the ropes or withs ; but the examinate, making protestation of having no matter to Iay to the said Phelim's charge, did choose rather to surfer than to impeach him without a cause.' Another witness, Dermot O'Toole, deposed that since his committal 'he hath been solicited by Sir Henry Bellings to do service against Phelim MacPheagh and his sons in accusing them, . . . with promises that in recompcnse thereof he should be enlarged and have his own pardon, and if the examinate did hot yield to do such ser- vice, that he, the examinate, should be hanged.' He deposed also that ' the said Sir Henry dealt with him in like manner, with the like promises, for accusing Phelim lacPheagh with the death of Mr. Pont. Ail which theexaminate denied, being unable to accuse them thereof.' O'Toole proceeded to tell how Falkland himself interfered, and ' willed the examinate to choose whether of the three Provost Marshals he would be hanged by.' Similar depositions were forthcoming in plenty. Themode of finding the indictment at the Wicklow assizes was as iniqui- tous as the mode in which the evidence had been collected. The foreman of the grand jury was Sir James Fitzgerald, whose father had been burnt alive in the murderous attack in which Le. Phelim Byrne. ...6 IIELAND UNDER FZA'LWD. CH. LXXV. Phelim Byrne had been concerned. Another juryman was Sir Henry Bellings, who had been one of his chief accusers, and the remainder were in some way or another connected with the men who coveted the lands occupied by the Byrnes, whilst the greater part of them were legally disqualified from serving on a grand jury at ail.' The one man who could see nothing in all this calling for inquiry was Falkland. Itis most unlikely that he had de- FalUand's liberately given his authority to the execution of an position unjust sentence. He had rather been a tool in the ,,haken. hands of men who had made use of him for their own purposes. In the mind of a Lord Deputy there must always have been a latent presumption that any given Irishnan was likely to have been guilty of conspiracy against the Govern- ment, as well as a strong suspicion that his lbllowers and kins- men were disinc]ined to tell tales against him unless they were driven by threats and tortures to tell the truth. Even with men like Sir ttenry Bellings tl,e wish to prove the Byrnes traitors, for the sake of their lands, -as probably father of a decided conviction that they actually were so. What was specially reprehensible in Falkland was his utter inability to perceive that the evil system which surrounded him fell in any Falkland' vay short of ideal justice. It was a high indignity, apology, he had lately vrittcn to the King, that his conduct should be examined by a commission, whilst the trial of traitors was suspended after they had been round to be malefactors by the testimony of sixteen loyal men impannelled legally. * In consequence of the inquiry held at Dublin the Byrnes were set at liberty.  After this it was impossible to allow Falk- land to remain longer in Ireland.  In January, the Earl of ' The case of the O'Brnes of Wicklow, Gilbert's ltist, of the Irish Cnfederation, ii. 107. " Falkland to the King, Dec. 8, 6z8, Gilbcrt, ii. o.  Part of their lands is said to have remained in the hands of Sir ,V. Parsons. Carte's Ortltolt[, i. 27.  The strongest point in Falldand's favour is that a letter taldng his part, and written by the majority of the Irish Council, bears the signatvre of Usher, who was one of the Commissioners. The writers reler the King 10"2- 9 FAZKLA.VD RECALLED. 27 Danby was named as his successor. Danby, however, was hot very willing to engage again in the service of the State, and on .«,g. ,« August io, 6_-,9, the Lord Dêputy was ordered to 'alk,,'» hand over his authority to the Lords Justices, on rcal, the decent pretext that the King needed his advice at home. The Lords Justices were the Lord Chancellor and Richard Boyle, Earl of Cork, who respêctively reprêsented the two a'a Lor, factions into which the Irish Council had been divided Jusfices. during the last years of Falkl, nd's office. So bitterly hostile were they to one another, that Charles thought it well to accompany their appointmênt with a message charging them to lay aside all personal rivalry in regard for the public service.  Such a combination did hOt promise much amendment in the conduct of the Irish government. The Lords Justicês in- dêed were hOt entirely idle. They reduced the army, and were thus able to spread over four years the contribution which had bêen granted for three. They also proceeded vigorously against the convents and the open celebration of the mass in 1)ublin. The friars and nuns were driven out, and their houses seized for the King's use. On May , x63o , about 2 lords and gentlemen were to the information which he had received at the beginning of Falkland's government eoncerning the turbulence of the district of the Byrnes. " This," they proceed to say, "being at that rime the declaration of the State, moved your Deputy--being a stranger--to bave a wary aspect upon those people for the common peace, which he hath carefully performed." When a Spanish invasion was threatened, several persons were examined, and it was discovered that Phelim had entered into a combination for ,aising a commotion, and that a justice of the peace hau been murdered in consequence, belote which they had never heard of any displeasure of tbe Deputy's against Phelim. They then expressed their belief that le had no aire except ' the reducement' of Phelim's country ' to the conformity of other civil parts.' The Irish Comcil to the King, April 28, 629, S. P. l'«land. The last quted clause probably hits the mark. The sense of justice is often overpowered in well-inte,ationed persons by an ill-regulated sense of public duty. There was aflervatds an inquiry in England, o[ which t'ew particulars have reached us. * The King to Falkland, Aug. o, 629, S. l . I-eland. * The King to Wilmot, Aug. 5, ibid. 28 IREL,4ND UNDITR FLA'L.YD. cH. LXX r. summoned to the council-table, and were asked whether they wishêd to have a Parliament or hot. All, with the singlê ex- ,6se ception of Lord Gormanston, answêred in thê affir- t.»',- mative. It was thên sêttled that it should mêet in A Parlia- ,«nttob« November. 1 When, however, November arrived, no ulnmoned. attempt was made to carry out this agreement. The day, however, at last arrivêd whên a Parliamênt must be facêd. At Christmas, 1632 , the contribution j. i. would corne to an end. In the precêding Januar)-  A new Lord »pty- Charles announced that he had chosên a new Lord ocd. Deputy. Wentworth was entrusted with the task of bringing Ireland to order, though more than a year was to pass before he arrived at Dublin to take up the duties of his office. Sir J. Ware's Diary, Crowcombe Court ]ISS. The King to the Lords Justices, Jan. 12, 1632 , Straff. £egter$. L 6. CHAPTER LXXVI. WENTWORTH IN IRELAND. TIqv. new Lord Deputy had already shown himself to be pos- sessed of some of the highest qualifications of a ruler. He had ,6 a rapid intelligence, a firm will, and a fixed resolutic, n Jan. ,,. tO allow no private interests to stand in the way of d,'e n t wort h's qualifica- the interests of the State. In his correspondence tions for the government with I,aud this resolution was expressed by the word «t«:.nd. 'thorough.' There was to be thorough earnest- ness, thorough self-abnegation in the service of the State, thorough activity, too, of proceeding against those who opposed their own inactivity or greed to the just requirements of the Government. Such a man could hardly seek less than abso- lute power. Every evil which he connected with Parliamentary or official independence in England would return upon him Th« ih with redoubled force in Ireland. Privy councillors ofcla, and officers of various kinds had been long accus- tomed to range themselves in opposing factions, and too many of them regarded their posts as property to be used for the best advantage, and would turn sharply upon the man who required from them the zealous activity which he hmaself dis- played. Nor was it possible in Ireland to fall back upon T« I«i Parliament as a controlling force. In England the Parliament. voice of Parliament was coming to be more than ever the voice of an united nation. In Ireland there was no nation to represent. There lnight be members elected by the English colonists, and melnbers elected by the Irish population ; but there was no common feeling, no possibility of combining 3 ° HENTIVORTtg I,'V IRELtND. cH. LXXVI. dissinfilar elelnents so as to forma basis of authority. What Ireland needed was a governlnent like that of India in the present day, supporting itself on an irresistible army and gu:.ded by statesnmnlike intelligence.. If was unfortunate that in their honourable anxiety to raise Ireland to the level of Egland, English statesmen had thcust upon the country institutions for which it was manifestly unfit. Parliaments divided into two nearly equal factions, with scarcely a point in common, juries delivering verdicts froln fear or favour, could never give real strength to a Government. Wentworth did not respect these institutions. He believed himself capable of doing Wentwovth's ::»-.«,or more for Ireland than Irishlnen thelnselves could government, do. Unhappily, lais very intellectual superiority led him to think very much of doing the thing that was right and profitable, and ver) little of the morality of the means which he took to accomplish his ends.I If l'arliaments or juries objected to give effect to his schemes, their resistance was to be overcome by threats, persuasion, or cajoler)'. He had corne to regard all «onstitutional restraints as lucre iml)ediments to honest action. " I know no reason then," he subsequently wrote to Laud, after he had been a fcw months in Ireland, "but you may as well rule the common lawyers in Egland as I, poor beagle, do here ; and yet tha: I do, and will do, in ail that concerns lny lnaster's service, at the peril of lny head. I aih confident that the King, being pleased to set himself in the business, is ' I do hot know hether Wentworth was a student of Machiavelli. But there is much in his conduct in Ireland which reminds us of J'rince, hot only in his recognition that good government is the firmest support of authority, but in particular acts. The settlement of Connaught, for iuslauce, is the translation into action of la«hiavelli's words, cap. iii. « L' alro miglior remedio è mandate colonie in uno o in duoi luoghi, che siano quasi le chiavi di quello Stato ; perchè è necessario o far questo, o tenervi assai genre d' arme e fanterie. .Nelle colonie non spende molto il Principe, e senza su.a spesa, o poca, ve le manda e tiene ; e solamente offende coloro a chi toglie il campi e le case per darle a nuovi abitatori, che sono una minima parte di quello Stato. ' Another of Machiavelli's maxims was turned against hitn by Charles (cap. xix.) : "Di che si pu6 trarre un altro notabile, che li principi debbono le cose di carico metter -opra d' altri» e le cose di grazia a sè medesimi." 632 IVENTIVOI?TH'S S I%'Tt?.,II. 31 able by his wisdom and ministers to carry any ust and honourable action through all imaginary opposition, for real there can be none ; that to start aside for such panic fears as a Prynne or an Eliot shall set up, were the lneanest folly in the whole world ; that, the debts of the Crown taken off, you may govern as you please." i Nor was it only with lawyers and Parliaments that he was ready to deal in this high-handed fashion. In his impatience of ignorant obstructiveness, he shut his eyes to the necessity of respecting the ideas and habits of a population, and he forgot that multitudes who had no means of enforcing his attention to their wishes might nevertheless cling with tenacious pertinacity to their old ways in spire of all that he could do to lead theln in another direction. In carrying out the enterprise upon which he had em- barked, the King's naine was to Wentworth a tower of strength. In England he had never scrupled to use it freely, as if the establishment of the royal authority was identical with the interests of the State. In Ireland it was far more identical with them than in England. Only in the King's naine could Wentworth rebuke the elements of disorder and corruption, could teach idle and selfish officiais to labour for the public good, could snatch public property out of the hand of the robber, and could contend against the abuses of ages from which the poor suffered oppression, and the rich and powerful reaped advantage. The first necessity of a Government thus situated was to possess an army upon which it could thoroughly depend. Yet so decided was the feeling in Ircland against a con- Need oç supi.ort for tinuance of the contributions, that it seemed hopeless the army. to obtain the money needed for the sui»port of the soldiers without a more open breach of legality than Wentworth deemed expedient. In the opinion of the Lords Justices indeed the only course to be pursued was the enforcement of the shilling fines for recusancy. i Wentworth to Laud, Dec. 1633, Straord Letters, i. 7. The !ast phrase shouId be interpreted by the 'any just and honourable action' which precedes. 32 V/E«VTf'ORTtt 12V IRELA,VD. cH. LXX xrl Wentworth's course was swiftly taken. Having received from the King the assurance that all business should pass through his hands, and that all offices should be February. le,stken conferred by himself, l as well as that no fresh ex- by ,ent- • «to penditure should be incurred without his consent, gin bisent, he obtained a letter from Charles ordering present- ments of recusancy to be generally ruade, so that, although no fines were for the present to be levied, a general impression might be created that payment would be enfo ced at the end of the year, when the contribution wouid cease to be available.  At the saine time he despatched a secret agent to the prin- cipal Catholics with instructions to lay the blarne of the lneasure on the Earl of Cork. The new Lord Deputy, he was to tell them, was their best friend, and it would be well for thern to avert the immediate danger by offering to continue the contribution for another year. With this alternative be- fore them the Catholics readily consented to do as Wentworth ished. The Protestants were too dependent on the Govern- ment to venture to resist. If was hOt that Wentworth differed from Cork in his aires. If he wished to see Ireland as prosperous as England, he had no doubt that it was only bv the supremacy of English law and English religion that so desirable a result was to be attained. "I ana hOt ignorant," he wrote to Cottington, "that what bath oct. . been may happen out again, and how much every wt,«-th' good Englishman ought, as well in reason of state view of the situat*on, ris conscience, to desire that kingdom were well re- duced to conformity of religion with us here, as indeed shut- ring up the postern gate, hitherto open to many a dangerous inconvenience and mischief. '' He had, however, a clear in- sight into at least some of the difficulties in his way. He knew that English supremacy could hot foot itself in Ireland by means of an irritating persecution conducted by men who had enriched themselves by expropriating native landowners. Of that  Wentworth's Propositions, Feb. '7, '632, St,-afford Letters, i. 6.. "- The Kitag to the Lords Jt, stices, April t4, 632, ibid. i.  Wentworth to Cottington, Oct. 4, o3, ibid. i. 74- 1632 THE EARL OF CORIC. 33 evil class which, under a display of Protestant zeal, cloaked its eagerness to use the forms of the law to add field to field at the expense of the Celtic polmlation, Richard ]3oyle, the Great Earl of Cork, as he was frequently styled, was the most con- "rheGrat spicuous. He had corne over to Ireland as an È««cork. adventurer in 1588, with twenty-seven pounds in his pocket. He began his operations by buying up lbr a trifle valuable claires, which those who held them did hot know how to turn to account. He contrived to gain the favour of men in authority, and, unless he i» much maligned, he used his opportunities unscrupulously. Bcfore the end of the sixteenth century he held more land than anyone else in Ireland. Yet he knew how to use to the best advantage the wealth which he had unscrupulously acquired. His estates were well cultivated. ]3uildings of ail kinds--houses, churches, and schools--rose upon them. t In the recent distractions he had taken the side of Falkland against the Lord Chancellor and Annesley. He could see no harm in the treatlnent to which the Byrnes had been subjected, and no danger in the exasperation which would ensue if a whole population were fined for refusing to abandon its religion. A prosperous man of the world, imagining that a nation can be governed in accordance with the rules on which a pettifogging lawyer conducted business, was just the personage with whom Wentworth was certain to corne into collision. "Fhe new Deputy was unwilling to corne to a final decision on the best mode of reducing Iretand to order till he had had an opportunity of seeing the country with lais on eyes. He knew at least that Cork's empiric remedies were no relnedies at ail. "My lord," Wentworth he wrote of the reduction of Ireland to conformity ,e to with England, in continuing his letter to Cottington • see with his » o,,-ny». " it is a great business, hath many a foot lying deep, and far within the ground, which would be first thoroughly opened before we judge what height it nlay shoot up into, when it shall feel itself once struck at, to be loosened and pulled up. Nor, at this distance can I advise it should be  The chata¢ter of the Earl is dissected, with quotations from original documents, in "*3,'right's ttistoy oflrelad, i. 6tS. " " " V()I.. XI I L D 34 I{'EWTI}'ORTH IN IRELAWD. CH. LXXVI. at all attempted, until the payment for the King's army be else- where and surelier settled, than either upon the voluntary gift of the subjects or upon the casual income of the twelve pente a Sunday. Before this fruit grows ripe for gathering, the army must hot live lrecario, fetching in every morsel of bread upon their swords' points. Nor will I so far ground myself with an implicit faith upon the all-foreseeing providences of the Ea,1 of Cork, as to receive the contrary opinion from him in verbo mag[strt when I ara sure that if such a rush as this should set that kingdom in pieces again, I must be the man that ana like to bear the heat of the da)', and to be also accountable for the success, hot he. ]lame ,ne hOt then, when it concerns me so nearly, both in honour and safety, if I had much rather desire to hold it in suspense, and to be at liberty upon the place to make lny own election, than thus be closed up by the choice and admission of strangers, whom I know hot how they stand affected either to me or the King's service." 1 Wentworth took good care to let the lrish officials know that he intended fo be their toaster, hot, as Falkland had Oct. fs. been, their servant. On October 15 he reminded the ah L«d Lord Justices, in a sharp letter, that they had been Justices warned, ordered by the King six months before to abstain ffom the bestowal of offices, and that they had hOt only neglected the orders given, but had kept secret the letter in which they were contained. " Pardon me, my lords," he wrote, "if in the discharge of my own duty I be transported beyond my natural modesty and moderation, and the respects I personally bear yonr lordships, plainly to let you know I shall hot connive at such a presulnption in you, thus to evacuate my master's directions, nor contain myself in silence, seeing them before my face so slighted, or at least laid aside, it seems, very little regarded." * I6ss. Wentworth had thus a full year in which to take JtYs" his measures. For some unexplained reason he did Wentworth in Dublin. hot arrive in Ireland till the summer of 1633. On J uly 23 he entered Dublin. Hê soon round that he would  Wentworth to Cttingtgn, Oct. I, I632, Slrafford Letters, i. 74.  Wemwoth fo th . Lls Justices, Oct. I5, I632 , S. 2 . relamt. I633 'ENTIVORTtt'S FIl?ST STEPS. 35 have to create his instrmnents of government himself. "I final them in this place," he wrote, "a company of men the most intent upon their own ends that ever I met with, and so as those speed, they consider other things at a very great dis- tance." The army was one ' rather in naine than in deed, whether it was considered in numbers, in weapons, or in disci- pline.' He was almost frightened to see the work belote him. '" Yet," he encouraged himself by saying at the end, "you shall sec I will hOt meanly desert the duties I owe to my toaster and myself. Howbeit, without the arm of his Majesty's counsei and support, it is impossible for me to go through with this work. '' Whatever support the King's naine might give him he might freely enjoy. For counsel he nmst look to himself alone. The Deputy's first work was to obtain a prolongation of the Contribution for yet another year. By dexterously mingling hopes of an approaching Parliament -ith a declara- The Contri- bution pro- tion of his resolution to take the money by force if longed, he could not have it in any other way, he obtained the assent first of the Council and then of the Catholic land- owners/ The ends vhich Wentworth proposed to himself were in the highest degree honourable to his character. He saw that we,,t,-oth'» the mass ot the Irish population were ignorant and h». poverty-stricken, liable to be led astray by their priests, and imposed upon by their lords. He wished to raise them to material prosperity, to make them laborious and con- tented. He wished, too, to give them knowledge and educa- tion, that they might be, as Englishmen were, loyal Protestant subjects of the King. Force and policy must combine to the  Wentworth to Portland, Aug. 3, 633, S. t 9. treland, i. 96. a Wentworh to Coke, Aug. 3, 633, Str«oEord £etters, i. 97. From the accourir given here of the Council meeting, it is evident that Deputy had the support of the party wtfich had hitherto been opposed o Falkland. Sir Adam Loftus, the Chancellor's son, first proposed lhe con- tinuance of the contribution. " The Lord Chancellor and the L,,rd lIountnorris showed thenselves throughout vêry ready to give it all fnr- therance." On the other hand, Cork and Parsons are noted as behaving in an unsatisfactory 36 I'EArTIt'OATH IA r II'EZtlND. cr. LXXVl. desired end. The natives must be taught to feel their own weakness, and to acknowledge that the stern discipline imposed upon them was for their advantage. Trade and agriculture wou[d flourish, and those who were benefited by the prosperity which fol]owed would hardly look back with longing eyes fo the days of wretchedness which had for ever p.ssed away. The sixteenth century had bequeathed to the seventeenth an oserweening confidence in the pot'er of government. In Hisconfi- England especially the sovereigns had done much dence inthe to effect a change in the religion an.d in the social power of o,-,-,,,«,t. condition of the country, and they seemed to bave done much more than they really did. It is easy for us, standing at a distance, to take account of the national craving for independence of foreign dictation which drove unwilling Catholics to support a Protestant Government. It was hot thea easy to trace out the influence of other causes for the success of Elizabeth than those which she drew from her own high spirit and enlightened judgment. So much had been done by governmental energy and by governmental adroitness that everything seemed possible to energy and adroitness. Just as Bacon under-estilnated the mystery of material nature when he joyously declared himself to have taken all knowledge for his province, so did Wentworth under-estimate the mystery of human nature when he thought that a few years would enable him to transform iguorance into knowledge and distrust into fidelity. It was true that he was about to accomplish marvels; but he could hot accomplish miracles. Nothing short of a miracle would suddenly transform the Irish Protes- tant Curch into a true nursing-mother of the Cltic population in the midst of which it was encamped, or would suddenly transform the 1,nglish colonists into beneficent diffusers of light and civilisation. The Irish only knew the foreign clergy as greedy collectors of tithes, and the foreign settlers as greedy encroachers upon land. Nor had Wentworth himself the qualities which enable men to conciliate opposition. Careless of popularity and disdainmg the arts by which it is acquired. he would hot condescend to explain his intentions even to those vhom lac most wshed to bcnefit. Ho could not understand 1633 THE III.5"H COCSVCIL. 37 wh), it was that he was hOt loved. He left his actions to speak for themselves, and wondered that they were so often misinter- preted. The Deputy lost no rime in bringing his little army to a complete state of efficiency. He knew that punctual pay was the first requisite for the restoration of discipline, and November. Discipline of by establishing a strict system of payment he soon the army. put an end to the loose system by which the soldier had been a terror to the civil population and a broken reed in the hands of authority. The officers were startled to find that the new Lord Deputy, who, unlike his predecessors, was General of the army as well as Governor of the State, actually expected them to attend to their duties. I His own troop of horse soon became a model fi»r the test of the army. Wentworth's devouring zeal for the public service round little echo in the Council. The Chancellor, and Annesley, ThePrivy now I.ord Mountnorrisæ gave him some support; Cou,cii. but their support was at best lukewarln, and others looked askance upon the obtrusive Englishlnan who could hot let matters alone which had been let alone so long. By degrees he gathered round him a few fi-iends upon whom he conld depend. He brought Wandesford rioto Yorkshire to be Master of the Rolls. He introduced Radcliffe, another Yorkshirenmn, into the Council. I.oyal and devoted as they were, such men would serve as instruments for his policy ; but they could not warn him against his errors. Wistfully he looked across the sea for support. Although the King was ready to stand by him, and to trust him with such Wentworth's powers as had never been entrusted to any forlner »el,ions Deputy, he found it hard to keep the promise which with the King. he had given to leave ail appointments in the Deputy's hands. Holland and the Queen were always pestering him with applications for unsuitable grants in favour of unsuitable persons, and he shrank froln saying No. It cost Wentworth a hard struggle to defend from the greed of the English courtiers the revenue present and prospective upon which he counted. t Wentwotth to Cottington, Nov. 4, Stra.fford Zello:r, i. 144. 38 IV]','TII'ORTH II IRE£AND. cs. LXXVI. The very army was tampere:l with to gratify suitors at Whitehall, and even when Charles had no intention of unsettling Went- worth's arrangements in Ireland, he ruade no difficulty in leaving him to bear the odium of the refusal. In one of his letters he mentioned the names of solne of the principal men in his Court who had asked for favour to be shown to them in Ireland. "I recommend them all to you," he added, "heartily and earnestly, but so as may agree with the good of my service and no otherwise ; yet so too as that I may bave thanks ; howsoever that, if there be anything to be denied, you may do it, and hot I. '' One case cost Wentworth a severe struggle. Falkland had died  before his successor crossed the sea, and had made it lais dying request to the King to provide for his second son, i,orenzo Cary, in the Irish army. As long as Wentworth was L«,o by his side Charles properly refused to entrust a cy'».« company ofsoldiers to so young a lad. Soon after Wentworth reached I)ublin he discovered that the appointmet had been ruade without consulting him. He explained to Charles tbat the company had been under the command of the late Lord Deputy, and had been left by him in the utmost dis- order, and that young Cary was hot likely to remedy the mischief. ]3esides, he had already appointed a real soldier to the post, and to force bim to cancel the nomination would be evidence to the world that ho was not trusted in England. His remon- strances were of no avail. Charles insisted that he had passed his word to Cary, though he assured Wentworth that nothing of the kind should occur again.  Till Wentworth arrived in Ireland little or nothing had been done to free the seas from pirates, and from privateers Piracy who were pirates in all but name. On his passage • w«,«d. across St. George's Channel, he had himself lost property worth 5ool. He round trade at a standsti]l. A Dutch vessel had been rifled and set on tire within sight of Dublin t The King to Wentworth, Oct. 26, 1633, Stra.'ord Letters, i. I4o.  He fell from a ladder in te park at Theobald's and broke his leg. Ite died after the limb had been amtutated. His e!dest son Lucius had been dismissed from the command of a company by the Lords Justces.  .57ra.ff-ord Lctters, i. lZS, 3 S, x4z, 207, 2-'8. 1633 THE II?ISH t;ŒEA.Y-CULTURE. 39 Castle. His anger was especially roused by such a defiance of his authority. "The loss and miseryof this," he wrote, "is not so great as the scorn that such a picking villain as this should dare to do these insolenees in the face of that State, and to pass away without control."  The pirates were for the lllOSt part subjects of the King of Spain ; but though Wentworth was anxious to be on good terres with Spain, he did not, for that reason, deal leniently with Spanish pirates. In a short time he had two ships of his own to guard the toast. To their command he appointed Sir Richard Plumleigh, a man after his own heart. Before long, piraey in the Irish seas was the exception and not the rule. Hand in hand with the suppression of piracy went the en- couragelnent of trade. Wentworth's letters are full of evidence "rrad« of the care with which he descended into the minutest encouraged, details. The humble beginnings of the great flax culture of the North of Ireland owed their origin to him. He advanced money from his own pocket towards the carrying out of a project for manufacturing iron ordnance in the country. He spent long hours over an attempt to open commercial inter- course with Spain, and was never in better spirits than when he fancied that his efforts were likely to be crowned with success. He was deeply annoyed at the short-sighted eagerness of the English Government to place restrictions on Irish exportation for the protection of English manufactures. His notions on the evil of customs duties were in advance of his generation. On Ole occasion he advocated the imposition of a paylnent upon brewers on the ground that it lnight be 'a step towards an excise, which although it be heathen Greek in England, yet certainly would be more beneficial to the Crown and less felt by the subject than where the impositions are laid upon the foreign vent of colnmodities inward and outward.' I£xceptional Wentworth's recommendations that the rise of a treatment of cloth manufacture in Ireland should be discouraged, c[oth and lt. and that the sole right of importing salt should re- main in the hands of the Government, stand in startling con-  Wentworth to Portland, June 9, 633, Strafford L«ler«, i. 40 /VFzVTItOI¢7"H ]zV ]IEZ4zVD. cH. LXXVl trast with his other enlightened suggestions, and he intended them to stand in contrast. It was the indispensable condition of the reforms which he was meditating, that Ireland should be perfectly submissive to the English Government. There are those doubtless who, knowing how ill the English Govern- ment subsequently açquitted itself of its task, would argue that it would have been far better if Ireland had been left to independence, and had worked out ber own destinies in the midst of the strife and confusion which would have been the inevitable result, q'hose, however, who approve of Went- worth's end can hardly fairly cavil at the means. Till his healing measures had found acceptance, and as long as the Irish feeling was still one of distrust if hot of exasperation, some way must be found of sustaining the English dominion by other means than by the loyal assent of the governed. If lreland was to be held in subjection, it was better that she should submit because Irishmen could not keep meat for winter use without Euglish salt, or could not cover their nakedness without English cloth, than because they were subjected to slaughter and rapine by an English army. Nor was the injury to any class of the population very great. There were no flourishing cloth manufactures in existence in Ireland to be ruined.I Their only chance of existence in the future would be owing to the peace and order which Wentworth was doing his best to establish. If here and there some few Irishmen, who for some local reason might be profitably employed in making cloth, were forced to seek some other mode of liveli- hood, the grievance was hot a great one in comparison with the sources of profit which Wentworth was opening up in every direction.  At all events, there is nothing in common between Wentworth's measures and the selfish legislation of the later t Wentworth argued that one reason for allowing wool to be exported was ' because they have no means here to manufacture it themselves, so as the commodity would be utterly lost to the growers unless this expedient be granted.' Wentworth to Coke, Jan. 3 t, I634 , Slrafford Letters, i. I94. No doubt Wentworth also argued that the King's customs would benefi b ]ut this is plainly not his primary reason. : Wentworth to Portland, Jan. 3 I, 1634 , Sla.fford Zelters, i. I9O. I633 THtï IIISH CHURCH. English Parliaments. The pressed, not that England might have peace. Wentworth knew better alone. He looked to the State ofthe intellectual force Çhurch. the creed which wool manufacture was to be re- might grow rich, but that Ireland than to trust to material prosperity Church to supply the moral and which was to wean the Irish from divided them from most of their fellow-subjects of English race. The condition of the Irish Church, when Wentworth landed, was indeed deplorable. Over a great part of the country tl.-,e fabrics of the churches were in ruins, and the revenues by which the clergy should have been supported had either disappeared in the tumults of the sixteenth century, or had been filched by the neighbouring landowners. There were parts of Ireland in which hall a dozen benefices did hOt produce enough to furnish a suit of clothes to the pluralist incumbent. In such a state of things large numbers of benefices were of necessity heaped upon the head of a single person, vho was often a needy adventurer without a thought of fulfilling the duties of a position which furnished him with a miserable pittance, and it was seldom that suitors of this kind thought of asking for less than three vicarages at a time.  The Bishops' courts were in the hands of rapacious lawyers who exasperated the Ir;sh by their exactions. The peasant who counted it a sacrilege to bring his children for baptism to a heretic font, or to hear words of consolation pronounced by heretic lips over the grave of those whom he loved, was heavily fined if he ventured to seek the services of a priest of his own communion, till XVentworth interfered to stop the abuse. The «d«l t excellent Bedell was no sooner appointed to the ior« bishoprics of Kihnore and Ardagh than he protested against the folly of such tyranny. "I do thus account," he wrote to Laud, "that among all the impedilnents to the work Conwai,s of God amongst us, there is hOt any greater than the ofthe abuse of ecclesiastical jurisdiction. The demonstra- Church ,-ourts; tion thereof is plain. The people pierce not into the inward and true reasons of things : they are sensible in the purse. Wherefore let us preach never so piously ourselves, so  Bamhall to Laud) Aug. o, 633 , S. F. IreAand. 42 IVEA'TII'ORTtt IN IRELAA'IO. CH. LXXVI. long as the officers in out courts do prey upon the people, they accourir us no better than publicans, and so much the more deservedly, because we are called _piritual men and reformed Çhristians." Bedell's own chancellor, one Alan Cook, appointed by lais predecessor, and irremovable by himself, was one of the worst of these harpies. "Among the Irish," he said, "he had gotten the naine of Pouke "---the rude original of Shakspere's gamesome Puck--"and indeed they fear him ]ike tbe fiend of hell. To his austerity the abandoning of the country by above a thousand of the inhabitants the last year was more iln- lmted than to the hardness of the times." 1 No less pertinent was Bedell's complaint of the ignorance of the Irish language which was almost universal amongst and ofigno- the clergy. Iqow, he asked, could a minister dis- ,anc««the charge his duty who could hot speak to his flock in lrish lan- guage, their own tongue. It was no wonder that the Catholic priests, who were at no such disadvantage, gained the hearts of the people and were superior even in nulnbers to the Protestant clergy.  If any man could have gained the confidence of Irishmen, it would have been Bedell. To the pluralists he spoke by example. Hislifein He resigned the See of Ardagh that he might hot his diocese, hold a second bishopric. At great expense of time and money he carried on a suit to get rid of his oppressive chancellor, and when he was unsuccessful in this he never failed fo appear in person in his court, in the hope that he might shame him into better behaviour by his presence. He worked hard to acquire the Irish language, and as livings in his gift fell vacant, he refused fo appoint any who had hot followed his example. Prayers were read in Irish in his cathedral, and he superintended the translation of the Old Testament, that of the New Testament alone having been hitherto completed. Bedell's zeal was hot without its results. Irish comerts ltsresults, gathered round him, and even Irishmen whom he was unable to convert loved and reverenced the English stranger who had given them his heart. But it was hot in the nature of  Bedell to Laud, Aug. 7, 63o, Zaud's ll'orZ,«, ri. 8o.  Bedell to Uher, Sept. S, 63o, Burnet's ZoEe ofte, le!l, 52. 1633 Ttt IRI.'tI (HUIt'CH 43 things that there shotlld be many Bedells, and there was no hope of gaining the Irish people on an)" other condition. What Wentworth Cotlld do, he did. He sternly repressed the persecuting zeal of the officiais. It was useless, he said, to fine the Catholics for hOt attending church as long Wentworth on Church as there were no churches to go to. 1 tle had no disorder, difficulty in tracing the causes of the evil to 'an un- learned clergy, which bave not so much as the outward form of churchmen to cover themselves with, nor their persons any way reverenced or protected ; the churches unbuilt ; the parsonage and vicarage bouses utterly ruined ; the people untaught, through the non-residency of the clergy, occasioned by the unlimited hameful numbers of spiritual promotions with cure o souls, which they hold by commendams ; the rites and ceremonies of the Church run over without ail decency of habit, order, or gravity, in the course of their service; the possessions of the Church to a great proportion in lay hands ; the bishops alien- ing their very principal houses and demesnes to their children, to strangers,  farming out their jurisdiction to lnean and unworthy persons ; the l:'opish titulars exercising the whilst a foreign juris- diction much greater than theirs ; the schools which might be a means to season the youth in virtue and religion either ill-pro- vided, ill-governed for the lnOst part, or, which is worse, applied SOlnetimes underhand to the lnaintenance of Popish school- masters; lands given to these charitable uses, and that in a bountiful proportion, especially by King James of ever-blessed melnory, dissipated, leased forth for little or nothing, concealed, contrary to ail conscience and the excellent purposes of the founder; the College here, which should be the seminary of arts and civility in the elder sort, extremely out of order, pmtly by means of their statutes, whicb, lllUSç be amended, and partly under the government of a weak provost ; ail the monies raised for charitable uses converted to private benefices ; many patron- ages unjustly and by practice gotten from the Crown.' a t Wentworth to Laud, Dec. 1633, Strafl'ord Letlcrs, i. I7I. -' The hurried omi»sion of the conjunction is quite in Wentworth's manner. It frequently occurs in his speech at York.  Wentworth to Laud, Jan. 31, I634, +tra.[ford Letters, i. I87. 44 H.'ENTI'ORTH IN II?ELAA'D. CH. LXX'¢[. One of the chief offenders amongst the laity was the Earl of Cork. Wentworth had long had his eye upon him, and he Church WŒES now able to charge him with appropriating to proverW himself, for a paltrv rent of coL, the whole of the taken from Cork. revenues of the bishopric of Lismore--which brought him in 1,oool. a year. Another sure of oo/. a year, which should bave been applied to the repairs of the cathedral, went to swell the Earl's income, and the cathedral was in consequence falling into ruins. A suit was at once commenced against him in the Castle Chamber, a court answering to the English Star Chaln- ber, and in the end he was compelled to disgorge thus much of his ill-gottcn wealth, and to submit o a heavy fine. 1 Another dispute between the l)eputy and the Erl was of a more personal character. Lady Cork had lately died, and the I.ady Cork's widower had erected a gorgeous tomb to hcr memory ,,,,,,b. in St. Patrick's. The monument was placed under the chancel arch, and part of it occupied the space on which the high altar had formerly stood. As soon as Laud heard of it, he protested that this was no place for a tomb. Charles was at first inclined to pass the matter over, but he finally decided as Laud wished him. The Lord Deputy, nothing loth, ordered the tomb to be pulled down, and to be re erected in another part of the church. Wentworth's ceremonialism did hot go very deep. He was not likely to agitate the Irish Church as the English Church c«h was being agitated by Laud. But he was himself emo,i«. fond of outward decency and order, and he believed that the neglect of formalities would stand in the way of the conversion of the Catholic population. When he arrived in Ireland he round that one of the Dublin churches had served his predecessor for a stable, that a second had been converted into a dwelling-house, and that the choir of a third was used as a tennis court. The vaults underneath Christ Church were let out as alehouses and tobacco-shops. In the choir above, the conmmnion-table, standing in the midst of the congrega- tion, had become an ordinary seat for maids and apprentices,  State of the Bishopric, May 3- 634, S. t'. Ireland. '633 THE IR1SIt CttURCt-L 45 Wentworth orderee, the communion-table to be placed at the east end, as in English cathedrals. * He put a stop to the practice of walking about in the aisles and chattering during service, and shut up the tobacco-shops below. Further than this he did not go. He was not so ignorant of the relative importance of things as to impose the duty of changing the position of the comnmnion-table upon the country clergy, at least till the Irish clergy were in a different state froln that in which he round them. The first thing tobe donc was to regain the lost property of the Church, so that a single Irish benefice might once lnore be worth accepting. The next thing would be to induce able and zealous ministers to transfer theln- selves to Ireland. When that was accomplished, everything else which Wentworth desired might be expected to follow. Wentworth did all that lay in his power to improve the con- dition of the benefices, l"fore the King he obtained a grant to the clergy of ail impropriations in possession of the Crown, and effolt% which were successfil in some instances, were lnade to induce the laity in like case to follow the Royal example. For Wentworth the difficulties of the Irish Church were only part of the difficulties ot bringing the Irish nation under ,634. discipline and order. For solne rime he had been l«paa,io in correspondence with the King on the subject of for a Parlia- «t. the coming Parlament. That Parliament was in no sense representative of the Irish population. In the House of Iords the bishops, reinforced by Englishmen who had received Irish peerages, could give a majority to the Government ; and the House of Commons had been so arranged in the preceding reign as deliberately to falsify the expression of Irish opinion. Seats had been given to the merest hamlets, provided that they were likely to return Englishmen and Protestants. The session of 63 had been disgraced by an open fight between the two factions. Such a body could never serve any of the  Sir James Ware in his Diary speaks of this as having been donc on June e, before Wentworth's arrival. Bramhall, however, in his letter of Aug. Io (IZrks, i. Ixxix.), speaks of the abuse s still existing. Perhap lhe order was given but not carried out till Wentwoth came. 46 IVF2VTIf'OIVTII I,V II?ELND. CH. LXXV. purposes for which Parliaments are designed. SVentworth likcd if the bettcr for that. He kncw that the two parties were ncar]y equal, and that thcrc was a shght majority oi the side of the Protcstants and he bcli«ved that bya skilful mixture of firmness and blandishment he might play the two parties off against one another, until he had gained from them the semblance of a national sanction to the decrees which elnanated froln his own will. It was an imnense advantage to Wentworth that the Irish Parliament was debarred bv Poyning's law from taking any Bill Hisplanfor into consideration which had not previously been m.,,agi,,g submitted to the English Privy Council. He was thus the Parlia- "'"'- freed froln such claires as had been put forward by the English House of Colnllons 'to a liberty to offer anything in their own time and order.' His immediate object was to gain a grant of subsidies sufficient to support the army for a few years without the Ccntributions. That breathing time was all he needed. He never doubted that, when it was over, the King's revenue would, through his efforts, have become equal to the expenditure. He nmv proposed that there should be two sessions. In the first, supply was to be granted unconditionally. In the second, such Bills for the benefit of the subject as he thought it advisable to pass should be converted into law. The Bills which Wentworth thought it advisable to pass did not include the whole of the Graces. More especially he in- tended to omit the confirmation of all estates with H is resolu- tlonabout sixty years' title, and the concession to the land- the Graces. owners of Connaught of those patents which, through no fault of their own, thev had neglected to enrol. As far as Connaught was concerned, he had a plan of settlement very different rioin the confirmation of the rights of the existing landowners. In the test of Ireland he had no wish to deal hardly with those whese titles were defective. But he would give them security, not by a sweeping measure applicaile to the whole country, but by separate bargains in which each individual proprietor would have to compound for an indefensible title bv the payment of a moderate rent to the Crown. Belote he left England he had obtained froln the King the appointment of a 634 AN IRLçH PA RLL4.1IENT. 47 tody of Commissioners authorised to conclude bargains of this ind, and he now proposed that, together with the Subsidy Act, a Bill should be brought in and passed, even in the first session, giving a Parliamentary confirmation to such arrangements as these Commissioners might see fit to conclude. In rejectiag these two Graces Wentworth undoubtedly believed that he was doing the best for Ireland as well as for the King. It was in his eyes the main condition of Object ,i«n«, good government in the future that the Irish shouid i,,.i«,v, be held in subjection tiil the tilne came when they could be raised to a higher stage of civilisation by the educa- tire influence of a reformed clergy and by the enticelnents of materiai comfort, q'he scheme itself was hopeless from the beginning. Its very conception could only have proceeded from one who was ignorant--as most, if hot ail of lais contemporaries of English blood were ignorant--of the persistency with which a race clings to its ancestral habits and modes of thought. In fact, the very reason which made Wentworth most desirous of effectmg the change wouid be accepted by a lnodern statesman as a sufficient motive for rejecting it without a lnOlnent's hesi- tation. It was because the condition of the Irish stood in need of so much improvelnent that it was cruel as well as unwise to attempt to destroy their sel[-respect by hurrying them forcibly over the stages of progress which separated them froln their English conquerors. Even if Wentworth's policy l:ad been wiser than it was, it would have been heavily weighted from the beginning with the broken word of the King. Charles had ex- pressly promised that the next Parliament shouid be used to confirm the landowners' titles in Connaught as weil as in the rest of Ireland. The course taken for the confirmation in indi- vidual cases might perhaps be regarded as a performance of that promise with a modification imposed by political necessitv. The course taken with regard to Connaught was a direct breach of the engagement which had been given. On July 14, x634, Parliament rnet. As Wentworth had hoped, the Protestants, many of whonl were oncial dependents i Commission, Feb. , 63z. Lascelles, Liber ,llu,«erum hriberniw, L z35. ,8 WEAT[VO_qT"It LV IRELAA'D. CH. LXXVt. on the Covernment, were in a small majority. He had instruc- tions to dissolve Parliament at once in case of an un- lui7 4- ,g « expected refusal of supphes, and to levy the reve.nue v,-i,«t, he needed by his own authority. Nothing s further from h[s intentions than to a]low any freedom of action to any one but himsel£ He heard with indignation that the Catholic priests had been threatening their flocks wth excommunication if they gave the votes to a Protestant. Such a course, he de- clared, would lead to the division of the country into a Papist lhction and a Protestant faction, a result which, as he naïvely added, ' is tobe avoided as much as may be, unless our numbers were the greater.' A shefiff, who 'carried himself mutinously,' as Wentworth expressed it, at the Dublin election, was fined in the Ctle Chamber, and deprived of his oce. A successor was appointed, and two Protestant members were returned.  In the speech with which the I)eputy opened the session, he took care to address his hear&s as he wished them to be, hot as they really were. The King, he explained, had done, ]uly t5- w.t,,-o'» and was doing all that could be done for the benefit »p«h. of Ireland. In order that his, beneficial rule might continue, the army must be maintained to give 'comfort and encouragement to quiet minds in their honest occasions, con- taining the licentious spirits within the modest bounds of sobriety.' For this purpose tbe debts of the Crown, amounting to 75,oool., must be paid off, and the yearly defict of 2o,ooo/. filled up. The remedy must be permanent. It was beneath the dignity of his toaster to 'corne at every year's end, with his hat in his hand, to enteat' theln tobe pleased to preserve them- selves. Then followed words of warning. "Let me advise you," said Wentwortb, witb keen recollections of the events of 69, "surfer no poor suspicions or jealousies to vitiate your judg- ments, much rather become you wise by others' harms. You cannot be ignorant of the misfortunes these meetings have run of late years in England ; strike not therefore upon the saine rock of distrust which hath so offert shivered them. For what- ever other accident this mischief mav be assigned unto, thcre t Wentwt rth to Coke, June 24, Strafford Le:têrs, i. 269. x634 It'ENTH'ORTtt'S OPENING SPEECI-)'. 49 was nothing else that brought it upon us but the King's just standing to have the honour of our trust, and our ill-grounded obstinate fears that would hot be secured. This was that spirit of the air that walked in darkness, abusing both, whereon if once one bealn of light and truth had happily reflected, it had passed over as clouds without rain, and left the King far better contented with lais people and them much more happy ; albeit as they are--thanks to God and his Majesty--the happiest of the whole world." Finally, there must be no divisions anaong them, between Catholic and Protestant, Egiish and Irish. "Above ail, divide hot between the interests of the King and his people, as if there were one being of the King and another being of his people. This is the most mischievous principle that can be laid in reason of State, and that which, if you watch hot very well, may the easiliest mislead you. For you might as well tell me a head might live without a body, or a body without a head, as that it is possible for a king to be rich and happy without his people be so likewise, or that a people can be rich and happy without the king be so also. Most certain it is that their well-being is individually one and the saine, their interests woven up together with so tender and close threads as cannot be pulled asunder without a rent in the commonwcaIth." i Some of those who listened to these words would doubtless look back over 6 9 to 6e8, and would ask whether the speaker "VWnt- was the saine man as he who had stood up in the ,«thcon- English Parliament to declare that unless they were sistent with himself? secured in their liberties they could hot give. Though it was hot Wentworth's habit to defend himself, there can be little doubt that he would have declared his conduct to be per- fectly consistent. There was in his eyes ail the difference in the world between England under Buckingham and Ireland under Wentworth. In the one case the head was at fault. Irt the  Speech, July I 5, SlraffordZellers, i. 86. As this speech œeeas an extempore one, it is more likely to reveal Wentworth's real nature. How permanent his ideas were will be seen b.v comparing it with the speech at :ork, in 168. Even the quotation, ' Qui »t«/ore ubertale g'atiam quietis r,ferre soient,' reappears. VOl.. Vlll. E 5o :, .'.& H.:EAr,2"II'ORTtI I/V IRELA,VD. CH. LXX'I. other case the body was incapable of appreciating the wisdom which flowed from the head. Wentworth's government had al[ the short-lived merits and the grave defects of despotism. The slightest attempt to con- vert constittrtional fiction into a renlity met with his July Parties in most strenuous resistance. The first sitting of the the Hotase. Commons revealed the strength of parties. The Catholics moved to purge the House---in plain words, to ex- ctude many of the Protestants on the ground of non-residence in the constituencies which had elected them. The question was referred to a committee. The members of the committee- were, however, nominated from the Protestant side by a majority of eight. Wentworth struck the iron whilst it was hot. The ne.,,t morning, his friend Wandesford moved for six subsidies, a 'july 8. - grant far larger than the Deputy had, a short while Six,.i,i. before, thought it possible to obtain. Before the granted, sitting-was at an end they were voted without any difficuly whatever. Then, wh.en it was too late, both parties combined to ask that the: Graces might be confirmed. They were told that so many as were go0d for them should be passed into law in the next session. For the prescrit they nlust content them- Aug. . EIId bf" selvcs,with passing-a Bill for giving a Parliamentary ession. ,- title to the awards of the Commissioners for defective titles, il'hey at once submittcd,.and the session calne to an end. Wentworth ordered the judges at tbe sumlner assizes to lnagnify the Klng's grac.ious favour in giving his assent to this -,,g. ,.. Bill, as well as to assure the people of the intention Instructiols of the Govelnnaent to proceed to great reforms in the to the judges, next session. 1 Isolated as he knew himself to be in Ireland, Wentworth s»t.o, turned to the King for some token of his satisfaction 3,Ventworth which lnight give assurance to all men that in resisting asks for an ealeom, the Dep, uty they would have to reckon with the King. In ail humility he asked for an earldom. Charles, who liked  Wentworth to Coke, AUgo 8 ; Wentvorth to the Judges, Aug. 2I, 1634 , Strafford £ettrs, i. 276 292. t634 MA T OBEDIL',VT tL4RLL4,]IEATT. St to be the originator of his own favours, refused to grant the request.  Wentworth had to meet Parliament again without any mark of his sovereign's approbation. The newsession was opened on November 4- On the 27th Wentworth announced that the whole of the Graces would not be the subject of legislation. In a moment the Nov. 4- "rt, e scond Catholic members of the Lower I-touse burst into s,ion. insurrection. Through the accidental absence of a few of their opponents, they round themselves in command of a majority. They declared that if the King's promise was to be thus scandalously broken, they xvould pass no Bills. One vote al-ter another went against the Government. Sir Piers Cosby, a member of the Privy Council, ho had commanded an Irish A Catholic regiment at Rhé, put himself at the head of the majority, movement, and urged the rejection of a Bill for the punishment of accessaries to murder. Wentworth was hOt to be thus overborne. He summoned a meeting of the Privy Council, and obtained their assent to W¢two, th the sequestration of Crosby from the board till the • ¢co«sa King's pleasure could be known. At the saine timc majority. he ruade urgent instances to the absent Protestant members to return to their duty. In his eyes, whatever he might have said in his opening speech about the maintenance of har- mony between Catholic and Protestant, it was still a question' of the gradual and irresistible supersession of the religion of the Irish by the religion of the English. "It may seem strange," he wrote, in the account of the affair which he sent home, "that this people should be so obstinately set against their own good, and yet the rcason is plain; for the ffiars and Jesuits, fearing that these laws would conform them here to the manners of England, and in time be a means to lead them on to a con- formity in religion and faith also, they catholicly oppose and fence up every path leading to so good a purpose ; and, in- deed, I see plainly that, so long as this kingdom continue3 Popish, they are hot a people for the Crown of England to be confident of ; whereas, if they were hot still distempered by  Wentworth to the King, Sept. 20, 1634. The King to Wentworth Oct. 23, ..çtraord Lellers, i. 3oi, 33I. 52 IVtïNTIVORT"&" /,V IRELAND. CH. LXXVl. the infusion of these friars and Jesuits, I ara of belief they would be as good and loyal to their King as any other subjects." The Protestant members responded to Wentworth's appeal. • Dec. fS. "/'hey returned to their posts, and Bill after Bill was E,,««the carried through the House. On December 15 the second ::.ion. second session came to an end, to Wentworth's com- plete satisfaction.  Two more short sessions were needed in the course of the following year to complete the work of legislation. No such series of wise and beneficent laws had ever been x635. a',vo m,e enacted in h'eland. Wentworth would have been ..,.ion». willing to retain so useful a Parliament for future work. Charles, however, who held that Parliaments, being 'of the nature of cats, grew curst by age,' commanded a dissolution. With the aid of a Protestant majority which represented but a small minority of the population of Ireland, Wentworth had obtained the semblance of a national approval to those 634. Ie.emer. changes in the law, which, as he hoped, would lead to "rhe Irish Co,-o- changes greater still. At the saine time his care was un- tion. ceasing for the improvement of the material position of tb.e clergy, in the expectation that they would thereby be the better fitted for the work which he expected from them ; but he was hot content with improving their material position. He thought that it would be necessary, if they were ever to make con- verts of the Irish, to modify their teaching so as to render it more acceptable to those to whom they were sent. As the very fact that in Ireland a Protestant minority had been thrown in the midst of a P,.oman Catholic population, had ruade that minority, wherever it had retained any consciousness of religion at ail, more defiantly and obtrusively Protestant than in countries where Protestantism had no danger to apprehend, the Wentworth demands its Irish articles which, under Usher's guidance, had been aceptance of • ,he V:ngt,sh drawn up in t615, had adopted the Calvinistic doc- articles, trine in its most distinctive form. Wentworth deter- mined that Convocation, without formally repealing these articles, should now adopt the articles of the Chu-rch of England, so as practically to supersede those which he found in existence,  Wentworth to Coke, Dec. 6, 634 , StraffordZetters, i. 345. 1634. TttE IRIStI COA''OCATIOA r. 53 To this high-handed attempt to deal with their belief, the clergy in the Lower House of Convocation naturally objected. Opposition They appointed a committee which proceeded to ofthe Lower revise the canons of the Church of England, and laous« which directed that the Irish articles should be received under pain of excommunication. The Deputy at once interfered. Sending for Dean Andrews, the chairman of the committee, he told him that he was possessed by the spirit of Ananias, and that ' it was hOt for a few petty clerks to pre- sume to make articles of faith.' \Vith his own hand he drew up a canon prescribing the acceptance of the English articles, and ordered that it should be put to the vote. Wentworth's canon was adopted with only two dissentient voices.  q'he other canons of the Church of England were amended by 13ramhail, perhaps under Usher's direction, and were finally adopted. = As far as Dean Andrews was concerned, Wentworth's is. contempt was amply justified. In order to punish l%nplo- him, he obtained from the King his promotion to motion of anaws, the bishopric of Ferns, a sec so poor as to afford to its new bishop a smaller income than that which he had received as Dean of Limerick. So delighted was Andrews with the pro- motion that he boasted of it openly in the pulpit before he learned the cost of it. ': How long," he said, in a serlnon at which Wentworth was prescrit, " how long bave we heretofore expected preferment. But now, God be praised, we have it." Wentworth had much difficulty in keeping his countenance. " He is a good child," he vrote, in giving an account of the scene, "and kisseth the rod." z The condition of the Irish Church, in fact, was such as to invite the interference of the Deputy. It was the The Deputy and the creature of the State as no other Church in the world Church. was. If the protecting hand of the English Govern- ment were removed, it would fall of itself before the combined  Vfentworth to Laud, Dec. I6, Strafford Letters. 13ramhall to Laud. I)ec. o, I634, S. t . Ir«la,td. The latter shows that the point was mooted in the Upper House, which Dr. Elrington doubted. Ush,,"s Forks, ii. 74. z Erington's Life of U.her, Usher'o IZoks, i. 178.  Wentworth to Laud, March to, I633 , Strafford Zett«rs i. 378. 54 I'ENI'II'ORTH 2ryV 2rttEL4A'D. CH. LXXV'I. assaults of the native Catholics and of the rapacious landowners who extended toit a nominal deference. The habit of sub- servience to the Government was a necessity of the situation. It showed itself not merely in time-servers like Andrews, but in men as pious and honourable as Archbis-hop Usher. Went- worth professed a good-humoured but somewhat contemptuous toleration for an Archbishop who had donc so little to help him in the emergency, mingled with a sincere respect for his learning and character. In fact Usher could hardly bave acted othcrwise than he did. T.hough he, as a believer in the Cl- vinistic doctrine of predestination, nmst bave regarded the setting aside of the Irish articles with dissatisfaction, he had a keen sense of the evils which affected the clergy, and he justly regarded those evils as more destructive than slackness to advocate even a doctrine which he believed to be truc. He therefore warmly supported Wentworth and Laud in their efforts for the moral improvement of the Irish clergy without approving of their doctrinal tendencies. The rejection of the Irish articles was followed by a tierce attempt to repress the CMnistic Presbyterianism of the Scottish colonists in Ulster. ]3ramhall, the new Pre.sblz- termmsm in Bishop of Derry, was a man after Laud's own heart. Ulster. He announced that he would soon put an end to such practices in his diocese. " It would trouble a man," he wrote, contemptuously, "to find twelve Common Prayer-books in all their churches, and those only not cast behind the altar because they have none ; but in place of it a table twelve yards long, where they sit and receive the sacrament like good fellows." t ' Zeal, unless it worked in his own grooves, was never in- telligible to Wentworth. No dream of the wildest enthusiast Hop«l«ss- was ever more shadowy than the vision entertained « ° by him of a religion sober and eneretic, alikewith- Ventworth's • tk. out doctrinal exaggerations and without the bitter- ness of party spirit by which they are attended. He might as well have attempted to yoke the zebra to his chariot as to bring the Scottish and English settlers of the North and the impulsive  Bramhall to Laud, Dec. 2o, 634, .& 635 IRLçH PLANTA TIONS. 55 Celts of the rest of Ireland under the saine decorous discipline of the English Church. Yet even here it was Wentworth's per- ception of facts rather than his judgment which was at fault. Calvinistic Presbyterianism with him was simply the work of a few factious agitators. Irish Catholicism was simply the vork of friars and Jesuits. He had no conception that these forms of belicf were but the natural outcome of the life of those by whom they were held, and that in seeking to eradicate those beliefs from the hearts of men he was embarked on an enter- prise to which even his powers were ludicrously inadequate. He might browbeat Parliaments and Convocations, because those Parliaments and Convocations were but shadowy emana- tions from an alien Government. He could neither create nor destroy the religion of a people. The Calvinistic preacher and the Jesuit missionary alike had a hold on the spiritual side of man's complex being. They appealed to his hopes of heaven, his craving for a guidance upon earth which he could follow without abandoning his own habits of belief. What had Wentworth to set in opposition to that ? Closely-connected with Ventworths eagerness to convet the Irish to Protestantism was his eagerness to introduce fresh English colonists in order to tighten his grasp upon The pro- podvan- the native population. In neither case was he tatlon. without a desire for improving the condition of the Irish themselves. He believed in his heart that they would be the better for the influence of the English settlers, just as he believed in his heart that they would be the better for the influence of the English form of religion. The desire of strengthening the King's authority and the desire of elevating the condition ofhis subjects were inseparably con-nected in his mind. How this matter of colonisation looked in the eyes Of Englishmen may be learned from a paper of advice relating to a p or projected plantation of Ormond ad the neighbouring. -adviceonthe districts. " If the natives of those counties," we are Ormond plantation, told, "may be estated in convenient quantitiês for their iivelihood by good grants from the King, they will be more ready and assu.r.ed servants to the Crovn and will build and plant ; whereas now, having no title and much of land divided 56 I, VENTIf:OVTH IN IRI'LAND. cH. LXXVl. into very petty tenancies, the people bave no comfort to build or settle, neither are able to serve as becometh, nor to suppress the insolent idlers. If these countries were so governed by English, there would be an absolute interposition between the Irish of Connaught and the Irish of Leinster, both which are most wavering and doubtful of ail other parts of the kingdom, whereas now, by the opportunity of the freedom they there enjoy to intercourse, the peace is daily disturbed. These were the countries that gave Tyrone passage and most relief when he brought his army into Munster to join the invading Spaniards ; so as the putting of these into right hands and governance is an act of greater consequence than is easily foreseen. Because there is no English in that country, there is not so much as the face of a church or any resident ministers. By this plantation the churches will be endowed, congregations settled, the religion in some measure professed, and the service of God induced." Three towns, the writer added, should be built and settled vith English burgesses, whilst the petty Irish znight be esta- blished as copyholders or tenants for life of small proportions, to dwell about the towns, so that their children might be Lrought up in trade. Such of the natives as were 'possessed of any lands by virtue or pretence of any late patents' were 'to be favourably used.' 1 Another writer treated of the counties of Roscommon, Sligo, and Mayo in a more trenchant style. "The remote Pap«r o,, parts of these counties which border upon the sea," Connaught. he says, "and most of the inland counties, are in- habited with a poor indigent people so barbarous in all respects as the Indians or Moors. This plantation will bring in anaongst them some undertakers of the British nation which sometime .vill beget the natives to more civility and conformity, as in other places they bave done where tbe plantations bave run. The inferior natives do ail of them make their dependency upon the Irish lords, and do now pay unto them either public or private chiefries. There is not any one thing permitted by  Advice to plant a portion on the Shannon, S. t 9. Irela,«,t, Bundle 82. X63 THE CO,%hVA UGH2" PLAWTA TIOV. 5 the State which draws with it a more pernicious inconvenience to the cro'n and commonwealth than this very particular, for it is the condition of the Irish lords and gentry to esteem ail those who pay them rent and chieflies to be their people, their follovers, their very slaves ; and the nature of the inferior Irish natives is to conceive and account his lord to whom he pays rent or chiefry to be his only patron and protector, as good and loyal subjects conceive of their king, to whom they are so devoted as they will at any tilne go into open action of rebellion at the will and pleasure of their lords." This evil, the writer proceeded to argue, would be remedied by the proposed plantation. "This plantation will bring in freeholders of the British nation into all the counties, who will be able to serve his Majesty and the commonwealth at all public services faithfully, equally, and indifferently, agreeable to the truth of their evidence, whereas at this present all business and matters are swayed and carried agreeable to the will and disposition of one or two men in a county, so that neither his Majesty nor any other subject can have any indifferency upon any inquiry or trial, to the great detriment and disservice of his Majesty, and the unspeakable loss and prejudice of the subject. This plantation will double his Majesty's certain revenue in what now is paid and whatsoever it will do more. This planta- tion will intermix the British nation with the natives, which will bring in civility by divers ways and means ; it will procure the natives to becolne laborious, who are apt to labour by the good example of others, when they may have hire and reward for the same; but the Irish lords and gentry do never give the poor people anything for their labour, which doth so dispose them to idleness, It will bring in trade and commerce, the English language, apparel, custolns, and manners. It will beget inclosures, and laying their land into severals which now lies as in common. This will be a great means to banish and «uppress night thieves and stealers of cattle. It will beget good, perfect, and plenty of guides in the Irish coutries of the British nation, the want whereof, in the late rebellions, were a great means of the long continuance of the wars .... It will so intermix the British nation with the natives as the natives 58 H'_F.1VYIVORTtt IA r IPtL.4WD. CH. LXXVl. shall hOt be able hereafter to contrive any rebellions as here- tofore they bave done, but that the State will have tilnely advertisement of the saine to prevent or meet with thc incon- veniency .... It will improve generally the lands of the whole province, and by the well and orderly laying out of the natives' lands round and entire together, the loss of the fourth part will be equally recompensed, and will not be unwelcome to most of the natives who are men of any judgment and sensible of reason, and have taken special notice of the convenient and orderly living of the freeholders in those countries where the plantations have run already."  The view taken in these papers was the saine as that taken by every Englishman who had visited Ireland. Accustomed to a life passed in busy activity, and thrown upon his own Engllsh view of Irish resources to provide for himself and his family under affairs, the discipline of enforced submission to the authority of a Government in the lower functions of which he himself shared, and against the encroachment of which he was to a great extent protected by the law, the Englishman was unable to understand that even this rude povcrty-stricken Irish life lnight have its charms for men whose training had been different from his own. He could not comprehend how what seemed to him tobe a slavish sublnission to the caprices of the chief lnight find its compensation in the kindly intercourse of good- fellowship which sprang up from the acknowledgment of a common kinship between the chief and his tribe ; or how the lack of the sentilnent of individual ownership of land might be ruade up by the sense of joint ownership in the whole of the territory of the tribe. For even the most learned Englishman in those days had never thought of studying the ways and habits of less civilised nations, except as objects of alnusement or derision. The lesson that it is only with tottering steps and slow progress that a people can walk forward on the path of civilisation had yet tobe revealed. In the mistake of under-estimating the amount of resistance which the l;rish were likely to offer to his well-meant efforts to  The be.nefits which will arise from the plantation, S. /9. 1relirai» Bundle 281. 635 STATE OF ULSTER. 59 drag them forward for their good, as a foolish nurse drags for- ward the child committed to ber care, Wêntworth .qtate of the l'.ngli.-h was no wiser than the mass of his countrymen. Nor .t,er». did he take into his calculation the repellent effect of the sudden introduction amongst the native population of a number of rough Englishmen, greedy of gain and contemptu- ously disregardful of the feelings of a peoplc vhom they looked upon as barbarous, and whose very language they were unable to comprehend. Even in Ulster, after a settlement of more than twenty years, colonisation had hot smoothed away ail difficulties. In January j,,,y, and February the municipal authorities of the City T,eLodo.. of London, to the principal companles of which the d:rry settle- ,,,t. county of Londonderry had been granted, appeared before the Star Chamber to answer to a charge of having broken .'b,y. their charter. That charter had imposed conditions F«rituro upon them which they had undoubtedly failed to the I,ondon cbarter, fulfil. They had been expected to build more bouses than they had built, fo send over more Enghsh settlers than they had sent, and, above ail, to exclude the Irish natives from holding land except in certain specified districts. It appeared that in many parts of the county the natives outnumbêred the colonists in a very large proportion ; that, instead of being con- verted to Protestantism, these natives remained constant to their own religion, and supported a large nmnber of priests who confirmed them in their resolution to set the English clergy at defiance. The Star Chamber beld that the charge was fully proved, and condemned the City to a fine of 7o, oooL, and to the forfeiture of the land. It is not unlikely that a body of l.ondon citizens may bave been somewhat remiss in directing the arrangements of a settlement in the north of Ireland ; but it was hard measure to hold them responsible for the failure. It was hot their fault if English colonists would not Condition of the Ulster emigrate in such numbers as was desirable ; and if settlement, the new proprietors could not find Englishmen to rent their fatras, it was more than was tobe expected from human nature to ask them to keep ,their lands out of cultivation rathir than let them to the Iri»h. Nor was the temptatiola to 6o WE2VTI4:ORTH IN ltïELtND, cI. LXXVl adroit Irish tenants, even when an English applicant presented himself, easy te withstand. An Irishman, as it was stated upon evidence at the trial, was always ready te effet a larger sure than an Englishman would consent te pay. It is possible that this un¢xpected result may have been owing in part te the strong desire of the natives te remain attached te the soil which they regarded as their own. Another reason, however, suggests itself, which goes far te explain the difficulties of the task which the Deputy had undertaken. The Irish of Ulster fully believed that the day was at hand when the O'Neill and the O'Donnell would return, and when their dispossessed tribesmen would enter into the possession of the we:l-tilled lands and the newly erected habitations of the English intruders. If this be]ief were shared by the settlers, it is easy te understand that few would be ready te pay a large rent for a farm in a new and unknown land in which he tan a good chance of having his throat cut one morning by his Celtic neighbours. On the other hand, an Irishman would be inclined te effet something more than the fait market price ill order that he might be in actual possession of a portion of the soil when the day of libera- tion came. 1 It would be seine time before the citizens of London learned whether the fine imposed upon them was te be exacted. In the end, affer the expiration of four years, they received a pardon on surrendering their Irish estates and the payment of x2,oool., which Charles wanted te give as a present te the Queen. Wentworth, vho seems te bave taken no very great interest i,a the investigation conducted in England, was never- theless ready, affer sentence had been given, te turn the occasion te the best profit for the King. The lesson of the Ulster diffi- culties, however, had no effect in causing him any hesitation in his resolution te treat Connaught as Ulster had been July. Wentworth treated by James. In July he proceeded westward with lorepares te visit Con- the intention of finding a title for the King--in other n.ught, words, of persuading or compelling the Connaught juries te acknowledge that the soil of the province belonged te t Notes of the proceedings in the Star Chamber, Jan. and Feb. I635 , S. P. IrdaM. 1635 I4"EA'TIVOI"dT"H LV CON.A'A UGHT. 6t the Crown for some reason intelligible only to the English lawyers, in spite of the solelnn plonfise of the King that he would take no advantage of any such technicality. Wentworth had no conception that it was possible for the Irish to resist excepting from interest or spite. He took his See«t tl,e measures accordingly. He did not, indeed, as he ii, might have done if his conscience had convicted him of wrongdoing, order the selection of juries COlnposed of dependents of the Government. He ordered, on the contrary, that ' gentlemen of the best estates and understanding should be returned.' If the verdict of such persons was as he wished it to be, it would carry weight with it amongst their neighbours. If it was otherwise, they would be wealthy enough to 'answer the King a good round suln in the Castle Chamber.' The Deputy's first attempt was ruade iii Roscommon. He sent for half a dozen of the principal gentry, spoke them fairly, J-e 9. and assured them that, though the King had a clear Wntwoth and undoubted title to the whole of Connaught, he was in Ros- «o-,o. ready to heal" any argument which might be urged to bar his rights. The next day, after the case had been argued by the lawyers, Wentworth addressed the jury. He told july xo. them that his Majesty had been moved in the first place 19, his desire to makc them 'a civil and rich people, v¢hich' could ' hOt by an), so sure and ready means be attained as by a plantation .... Yet that should be so done as not to take anything from them that was justly theirs, but in truth to bestow amongst theln a good part of that which was his own.' I.{e had no need to ask them for a verdict at ail. The King's right was so plain that a simple order of the Court of Exchequer would have been sufficient to give him ail he claimed. His l[ajesty was, however, graciously pleased to take his people along with him, and to give them a part of the honour and profit of so glorious a work. Wentworth concluded, with the strongest possible hint, that if they ventured to refuse to ac- knowledge the King's title, they would do so at their peril. This mixture of cajolery and firmness bore down opposition in Roscommon. The jury returned a verdict for the King, and in Sligo and Mayo the saine result was obtained. The 62 IVENT"IVORT"It IN IREL/IND. cr. LXXVl. Galway jury at Portumna gave the Deputy more difficulty. He sueeeed» Wentworth was there in the territory ofthe De Burghs. in Roscom- ,,,on, Sligo, The head of the family, the Earl of St. Albans anaMay« and Clanricarde, had stood by Elizabeth when ail 'l'he Earl of Clanricarde. Ireland was seething with rebellion. Ever since he had loyally kept his country in obedience to the Crown, but it was with the loyalty of a tributary king to his suzerain rather than with the fidelity of a subject. He had himself livcd o! late years in England, but lais chief kinsmen exercised authority and dispensed justice in his naine in Galway. Though sprung from the Norman invaders, the De Burghs had long been Irish in habits and religion, and they naturally looked askance on Wentworth's desire to establish the domination of Protestantism and of the English law on a soil so peculiarly their own. 71"o the Deputy's surl)rise the jury boldly round against August. Resistance the King. His anger knew no bounds. He fined in,»., the sheriff x,oooL for returning a packed }ury, and directed that the jurymen themselves should appear in the Castle Chamber to answer for their fault. He further The jury callea in directed that steps should be taken to procure an question, order froln the Court of Exchequer which would set the verdict aside, and that troops should be sent to Galway to make resistance ilnpossible.  Wentworth's own explanation of these proceedings was that the verdict given did not express the rem sentiments of the ,Ventworth's jurors. It had been dictated to them by the Earl's. explanation, nephew and steward. It was no mere question of truth or falsehood. It was simply a question of loyalty to the Earl or loyalty to the King. Now thcrefore was the time to break the authority of this powerful chieftain. A fait opportunity was offered of securing the county 'by fully lining and planting it with English.' To do this it would be necessary to take from the pre- tended owners of land more than the fourth part, of which, by the rules of a plantation, those of the other three counties were te be deprived. H is Majesty was 'justly provoked so to do, and likely to put a difference between them who force him to under- t Wentworth to Coke, July 4, 635, Slraffbrd Lellers, i. 4- t535 "THE G/ILII'A Y JURI r. 63 take a suit at law for his own, and his other subjects who readily acknowledge his right.'  The chier lesson of Wentworth's history is missed by those who regard him as an oppressor and a tyrant beating resistançe down before him in order to give free scope to his Character of histreatment OWII arbitrary will. In truth the type of his mind of the jury. was that of the revolutionary idealist who sweeps aside all institutions which lie in his path, and who defies the sluggishness of men and the very forces of human nature, in order that he may realise those conceptions which he believe,; to be for the bencfit of all. The real objection to Wcntworth's dealing with the Galway jury was, hot that he respected it too little, but that he ruade use of it at all to attain an object which those who composed it regarded as ur,just. He tried at ont and the saine time to reap the advantages of autocratic despot- isln and of legal government. The result was far worse than if he had interfered authoritatively with the strong hand of power. By consulting the jury and refusing to be bound by its verdict, he sowed broadcast the seeds of di.;trust and disaffection. had bowed in semblance before the majesty of the law, only to. turn upon it in anger when it ceased to do his pleasure. The King's authori:y vould be associated more than ever in the eyes of Irishmen with unintelligible, incalculable violence. It was a force to be bound by no engagelnents, and acting by rules which they vere able to understand. In the end, however, Wentworth's policy would stand or fall by the measure which he dealt out, hot to the kinsmen and followers of Clanrickard, but to the mass of the population of the county. It is useless to deny that his intention was to benefit them. " But here too there was a mixture of force and fraud which ruined what might have been the success of either. He wanted the Irish to be more orderly and industrious, more rational in religion and politics, higher in the scale of civilised beings in every way. Yet his own conduct was hot such as he could fairly ask them to ilnitate. They knew that he proposed to deluge their land with English colonists, who would regard them  Wentworth and the Commissioners to Coke, Aug. aS, 635. fod Lelters, i. 450. 64 I'EA'TIIOITH IN IRELA.VD. cH. LXXVL with contempt, and who were only to be brought so far from home in order that they might keep them in awe, as the gaoler keeps his prisoners. They knew that he treated with contempt the religion to which they clung and the old ancestral reverence with which their chiefs inspired them. To Wentworth the relation which bound them to their chiefs was one of mere tyranny on one side and servitude on the other. He did hot see, what the poorest Irish cotter saw, that that system which seemed to favour none but idle swordsmen and profligate cosherers, kept up in the hearts of the Celtic people the belief in the old principle which still survived as part of the old in- heritance of the race--that the soli belonged hot to this man or to that, but to the tribe which dwelt upon it. What did they know of the arguments of the Dublin lawyers, based upon technicalities which were but the froth and scum of an alien system of law. What were the flaws to be found in the grants of Plantagenet kings, or contrived by the roguery of Dublin officiais, to them ? rl'laey held that the land was theirs, and that it was hot tobe porti«ned out to any intruder vho might corne in by the good favour of a foreign ruler. It does hot fi»llow that Wentworth was hot right in pro- claining that the time had colne when the system of tribal ownership must give way to the system of individual etition o. c- ownership. H is mistake was that he did not even trv "Y" to take a]ong with him those who were most interested in the change. "If," said the inhabitants of Galway in a petition to the King, "pretension of manuring and bettering the country be the ground of plantation, if his Majesty be so pleased, they will undertake to effect such performances as any other planters would bave done, the rather that they will make it appear how the country, though now in a good state, would be shortly much improved if the fear of plantations and other threatenings had hot hindered them." Doubtless there were risks on this side, too, and it would require some pressure to obtain the fulfi- ment of these promises when the fear of danger was withdrawn. It would need the maintenance of a powerful army and the exertion of active diligence to see that the change was reallv effected  but there would have becn the immense advantage of mak[ng if clear in the eyes of the Irish population tha he English Government was on their side, and that it was in favour of the poor and oppressed Irishman, hOt in favour of the English adventurer, that its strong afin was ready to intervene. Above all, Wentworth would at last bave had-a case which would t:nable him to appeal to the sense of justice of those whom he governed. To say that the King's promises to the Connaught landowners were conditional upon the performance by those landowners of the duties which they owed to heir own followers would bave offended no man but those landowners themselves. To seize the lands of rich and poor, upon what every man knew to be a mere pretext, in order to build up upon the ruins a new society, the very foundations of which had yet tobe laid, was to offend against the universal sense of right. There are times when institutions become worthless, when Parliaments and juries are mere cloaks for misgovern- ment and oppression. But behind Parliaments and juries lies the indestructible tenacity with which every population clings to the habits of life which it has inherited. Wentworth, for a rime at least, might bave set aside the institutions which were intended tobe the orgalas of the population if he had reverenced the population itself. In hurrying on social changes which approved thelnselves to few excepting to himself, he courted disaster. He was buildng a bouse upon the sand. The flood would soon rise which was to sweep it away. Wentworth failed where he believed himself to be strongest. At the bottom his life's work was contention, hot so much for the Royal authority as for the supremacy of intellect. Yet it was his own intellectual conception of the Irish probleln which had proved defective. "The voice of the people," as the first Parliament of James had declared, " is, in things of their know- ledge, as the voice of God." If Wentworth saw things to which the Irish people were blind, they too, in their turn, saw things to which he was blind, with all his wisdom. There is no securitv that the wisest statesmen will hOt pursue a phantoln of his own imagination. There is no securty that popular feeling will hot rush headlong into impatient and ignorant action. But the statesman guards himself best against the errors incident to his VOL. VIII. F IENTIORTtt IN IRELA.VD. CH. LXXVl. calling who keeps his ear open to the indications of popular feeling which it is his duty to guide, as the people guard them- selves best against the errors incident to their position when they keep their ear open to the words of experience and intel- ligence which it is their safety to follow. It was Wentworth's fault that he attempted to drive and hot to lead, that he offended deeply that moral sense of the Irish community in cherishing which--far more than in the importation of hundreds of English soldiers or thousands of English colonists--lay the truest hope of the progress of Ireland in civilisation and in things else. CHAPTER LXXVII. THE SECOND WRIT OF SHIP-MONEY. To no man did Wentworth pour out his troubles and his difficul- ties as he did to Laud. The mind of the Deputy indeed was cast in a nobler mould than the mind of the Archbishop. *635. we,t,oth He was less regardful of trivialities, and lnore bent and Laud. upon attaining the higher aires of a statesman's life. In the lnain, however, the characters of the two men were formed upon the saine lines. :Both. trusted to the influence of external discipline upon the minds of the people. :Both were unwilling to adroit that the ruler who had formed his own idea of right ought to be turned aside by the desire of complying with the wishes of the governed. Both were beyond measure energetic, and unsparing of themselves in the service of that toaster whose interests they believed to be identical with the interests of the State. :Both were advocates of that which in the jargon of their confidential correspondence they called Thorouh 1__ of the resolute determination of going through Thorough. with it, as it might nowadays be expressed, of dis- regarding and overriding the interested delays and evasions of those who ruade the public service an excuse for enriching themselves at the public expense, or the dry technical argu- ments of the lawyers which would hinder the accomplishment of schemes for the public good. It was a noble ambition by which these men were possessed, an ambition which was, however, none the less likely to overleap itself because it was not gtained with personal selfishness or greed. It forgot that the desire to do good is not always an  "Thorough ' and 'through' are the same words, and in the 17th cen- tury were sI0elt in the saine wayo 68 THE SECOND If'RIT O. " SHIP-.ilONE}: cH. LXXVII. assurance of wisdom--that even the quirks of ignorant lawyers or the stupidity of an ignorant mob may be a useful safeguard against the hasty and thoughtless actions of men who believe themselves to be wise. In the spring of I635 , however, Wentworth and Laud seemed to be carrying all before tbem. They were able to re- joice together over the removal of the man who was the im- personation of inactivity and selfishness. Portland, tbe cause, they thought, of all that was amiss, the Lady Mora of their cor- respondence, was dead. Month by month Laud had watched lais irregularities, had dragged them to light before the King, and had been startlcd to find that Charles clung to hls oid minister in spite of ail that could be said against him. l.aud fondly hoped that the system which Portland had established would corne to an end with his life. When Edward Co,,-er.- Hyde, the young lawyer who was one day to become tion between Earl of Clalendon, came to him to tell how the late I aud and i-Iye. Trcasurer had thrown obstacles in the way of the merchants of I.ondon, with the sole object of bencfiting a dependent by the obstruction, Laud replied that he knew nothing of such matters, but that as the King had, contrary to his desire, ruade him one of the Commissioners of the Treasury, ' he intended to spare no pains to enable himself to serve his master.' 1 The appointment of the Treasury Commission was only a temporary expedient. Amongst those who were regarded as wt,«,h likely to be ultimately selected as Portland's sucçessor, a,,dCotting- Wentworth and Cottington were the most promi- ton named o thT- nent, and it was believed that, on the whole, the King .u='»stu. inclined to Wentworth.  It is useless to speculate whether, if the Lord Deputy had at this time transferred services to England, he would have accelerated the outburst of resistance by his arrogant defiance of the popular will, or would bave postponed it by the skilfulness of his repressive measures. For the present, however, it was irapossible to recall him from Ireland. When Portland died in March, the Irish Pariiament  Clarendon's Lire, i. * Correr to the Doge, March ""3, 3 ° 1035 TIffE TREA','U'R I" CO.]L]IISSIO.V. 6 was still sitting, and Connaught was still unvisited. Partly in the hope that Wentworth's services might still be available in England, partly in order that a thorough and impartial in- vestigation might be conducted into the financial position of his government, partly too from the natural irresolution of his character, Charles postponed the selection of a Lord Treasurer for some months to corne. At the Treasury Commission Laud was the representative of Wentworth's ideas--less skilful indeed, and far less likely to Lu« « seize the true point at issue in a complicated ques- t.otti.ngton tion, but to the full as pertinacious and as resolute at the ,,,,uy to set the service of the King above ail other con- C,,,,,,,ision. sideratious. Both here and at the Colnmittee for Foreign .\ffairs, he round himself opposed by Cottington, whose faults and merits alike were in glaring contrast with the faults and lnerits of the Archbishop. When Laud willed anything he willed it with ail the fixity of purpose of an earnest if narrow mind. He was utterly ignorant of the wa.vs of the world, and, as he had toid Hyde, he had no acquaintance with the special business of the Treasury. His lnoral indignation against the carelessness and the worse than carelessness of officiais filled the sails of his purpose, and he drove straight to the mark before him, reck!ess what offence he gave or what difficulties he laid up in store for the future. For himself he had no private ends in view, no desire of pelf or vainglory, no family to provide for or state to keep up. Cottington, on the other hand, was svayed neither by zeal for the public good nor by scrupulous regard for justice. He would be content if only, whatever happened, the barque of his fortunes remained floating on the tide. Never at a loss for a COUl'teous word to those who sought his favour, he was never known to do a kind action which entailed loss upon himself. Ifthere was anything which he really respected it was the Church of Rome and the Spanish monarchy. Yet the representatives of the Church of Rome and ofthe Spanish monarchy did not cease to complain that they could never be sure whether he was in earnest or not, or to express a belief that in ail probability he meant to trick them in the end. He had a superficial know- ledge of most thiangs, without knowing anything thoroughly. 70 TttE SECOND tVI¢IT OF SHIP-MONEY. CH. LXXVlI. As Chancellor of the Exchequer, however, he had acquired a close acquaintance with the details of financial business, which, together with his perfect command over his own temper, gave him an enormous advantage over his irritable rival. Nothing pleased him so mueh as when he could contrive, by gravely defending some untenable proposition, to excite the anger of the irascible Archbishop, in order quietly to turn the laugh against him in the end. Nor was the conflict between the two men so entirely unequal as the difference between their moral natures would seem to show. Laud brought with him to the Treasury the same errors which were the cause of his misgovernment of the Church. Just as out- ward form and ceremony was to him not merely the sign but the very source of Christian unity, so he never got beyond the idea that to gather money into the Treasury was the sin and source of the political strength of a financier. It was enough if material wealth were at his command, and he never stopped to ask whether the moral forces upon which the con- sant supply of wealth ultimately depended were also on side. Cottington was very far from seeing the root of the evil, but he had tact enough to know that even a surplus might be dearly bought at the cost of exasperating the nation. Cottington was the morê to be dreaded as an antagonist as he had lately received a. special mark of the King's favour. Sir Robert Naunton, Master of the Court of Wards, March. was old and in ill-health, and Cottington was selected by the King as his successor. The Earl of Salisbury, it is true, had received a promise of the reversion of the place, bu[ Salis- bury was notoriously incompetent to fulfil the duties of any office calling for the exercise of the most ordinary ability, and a letter drawn up by Cottington himself informed him that though his Majesty would not forget him, he would not make him Master of the Wards.  It was more difficult to deal with Naunton himself. Ili as he was, he was hopeful of recovery, and he would not hear of retiring. I was only by the direct intervention of the King, accompanied by general promises of favour, that he was at last induced to surrender his office. t Cottington and Windcbank to Salisht:ry, Fel,. (?}, ç. I . 9». ¢clxxxii I 1o. 635 Tt]E SOAP 310A70POLY. 7 I few days later the poor man was petitioning for a pension granted him by the late King, which had remained unpaid for lar«h x6. years. He died almost immediately after the petition Cottingtonl,laster of had .been penned.  Cottington had solne days before thewar«, taken possession of his office, which became in his hands more profitable to the Crown than his predecessor had ruade it. It was not long before Laud began to doubt whether much had been gained by Portland's death. In ail his efforts to obtain a thorough investigation of the finances he was met by difficuities moved by Cottington. At last the quarrel came "i'he op to a head over an arrangement which had been ruade monopolyo by the late Lord Treasurer for improving the manu- facture of soap, and for filling, at the saine time, the pockets of his friends. The origin of the soap monopoly which came in the end to stir up the ill-feeling of the people against the Government and xe,. to set rival ministers by the ears was a humble one. ne«em,er. Certain persons had obtained a patent in the preced- First soap patent, ing reign for the manufacture of soap by a new pro- cess, from materials produced within the King's dominions. This grant was confirmed in December 63t by a patent in which the Monopoly Act was distinctly appealed to in words which show the anxiety of those who drew it up to keep within the limits of that stature.  So far nothing illegal had been done. It is, however, prover- bially difficult to draw an Act of lZarliament so as to secure it ,6a. eompletely against evasion, and the Monopoly Act 1--. o. proved no exception to the rule. The legis]ature had The Soap Company. distinctly excluded corporations from the incidence of the Act, and as it was a legal maxim that the King could round corporations for the benefit of trade, it was in the King's power to create as many monopolies as he pleased by placing the sole right of manufacture in the hands of a corporation instead of conferring it upon an individual. Nor were the King's powers.exhausted here. He claimed a general righ;, of super-  Petition, & P. Dom. cclxxxv. 74. "-' Grant to Jones and others, Dec. 7, 63 Part 7-'- THE SECO,VD Il'RIT OF SHIP-,I[ONEV. cH. LXXVlI. vision over trade for the benefit of the community, which, if he chose to lnake use of it, would entitle him, in the eyes of the prerogative lawyers, to interfere with commercial transactions in every poss,.ble way. In the exercise of these powers, Charles, early in x632 , erected a company of soap-makers to buy up the rights of the patentees. The company engaged to produce by the new lnethods 5,ooo tons of soap a year, and to pay into the Exchequer 4L for every ton sold by them, which upon the ,luantity named would bring in zo,ol, a year. They engaged to retail the soap at the low price of 3 d. a pound. The King was, on his part, to prohibit the export of tallow and potash, in »rder that the materials of the naanufacture might be attainable ti,,tho- at a cheap rate. No monopoly was granted to the • i¢« to tt company, excepting for the new invention which they ail soap ,««- had secured, but they were empowered to test ail soap tured. ruade by independent persons, and to prohibit its sale unless it had been marked by them as sweet and good.  The last provision was as impolitic as it was oppressive. Pif it the independent soap-makers were subject to a test im- Oppressive posed not by an ilnpart:,al official, but by the very men of who were their rivais in trade, and who had every thi.s per- ,afission. interest in pronouncing their productions to be de- ficient in quality. The suspicions to which the grant of powers so enorlnous naturally gave rise were strengthened when it was known that the greater number of the members of the new company were selected from the clique of Roman Catholics vho had attached themselves to Portland, and who were find- ing so many opportunities of enriching themselves through his protection. Whiist the minds of those who were engaged in the soap trade were still in a state of excitement, a proclamation ap- peared forbidding the use of any oil other than olive June z8. or tape oil in the manufacture. The employment of fish oil, which had been much used for many years, was thus prohibited, on the ground that soap so made was bad.   Erection of the Corporation, Jan. o. Indenture, May 3, I63» lat. 7 Charh's Z, Part 2. 8 Charles Z, Part 5- "-' Proclamation, June 28, 1¢9,mer. xix. 383. 1633 THE SO.,4P ,VO,VOPOL I: 73 The soap-makers protested in vain. They retorted that the Company's soap was as bad as thcirs was good, and they .3. found many believcrs. The question between the Resi.,'.,nce ,,«th¢so,p- Company and the soap-makers ral)idly assumed the makers, dignity of an affair of state. The Council charged the soap-makers with suborning persons to spread false rumours to the disparagement of the Company's soap, and ordered the November. Attorney-General to commence a prosecution in the s.r- Star Chamber of some of their number who persisted Lhamber prosecution in carrying on the manufacture without submitting ordered. to the Company's test. In order to meet the rumour by other means than prosecution, the Council directed that the new soap should be submitted to an impartial tribunal. The r«. 6. Lord Mayor, the Lieutenant of the Tower, together Court or with sundry aldermen and men of note, were formed inqiiry con- stituted, into a court of inquiry.  When the court assembled, two washerwomen vere introduced, to one of whom was handed a piece of the Company's soap, whilst the other was supplied with soap procured elsewhcre. Tubs were brought in and a bundle of dirty clothes. When each washerwoman had done ber best, the court pronounced that the clothes washed with the Company's soap 'were as white and sweeter than' those which had been operated on by the production of the indepen- dent manufacturers. To add weight to this decision a declara- tion in its support from more than eighty persons of various ranks, peeresses and laundresses being included, was circulated with it, and to this was appended a statement that the opinions said to have been given against the soap were hot really the opinions of those to whom they had been attributed, or else that they had been ' procured by persons who had no experience in the said soap.' ,634" Soon after this report had been received, the Vbrw. Privy Council wrote to the justices of the peace in The Council rg t » commendation of the virtues of the authorised soap. of the new op. Its reco.nnnendations were received vith a smile of incredulity. It seemed so probable that the Council cared more t Orders of Council, Dee. 6, 1633, Jan. 9, 634. The Council to the Justices, Feb., S. I'. Do». cclii. l, ccliv. 34, eclx. 74 THE SECOND I4.RIT OF SHIP-3IO«'VE Y. CH. LXXVI[. about their rent of 20,000/. a year than about the excellence ot the manufactured article. When the agents of the Company visited private works in order to seize untested soap, the owners Septe,ber. were able to raise a mob against them. The agents Soap riots, complained that their clothes were torn and their lives in danger. The Companycalled upon the Council to corne to its assistance with that protection without which it would be ruined. Unpopular as monopolists, the members of the Soap Company were additionally unpopular as being for the most part Catholics, and it was even believed in well-informed quarters that much of the money invested had been raised by the Jesuits. The new soap was known in the streets as the Popish soap. It was hard to drive a successful trade in the face of such obstacles. Like the patentees of gold and silver thread fourteen years before, the Company was now in difficulties through the im- Sept.7. possibility of securing itself against competition. "rbe Sop It had incurred considerable expense in establishing Company in difficulties, its business, and it had-been unable to make the promised payments to the Crown. Its charter was thus forfeited by the non-fulfilment of its conditions. Yet the Council con- tinued to take its part, and ordered the arrest of offenders against its regulations.  Such was the position of affairs when Portland died. The Company had been so entirely his creation, that the indepen- 635. dent soap-makers saw in his death the signal for their oerersor t.« triumph. They came forward with the most lavish independent »op-mkes. offers. If only they were formed into a corporation in the place of their rivals, they were ready to pay 8/. a ton into the Exchequer, instead of the 4L which the Company had offered.  '"E pur troppo vero che qualcuni, per non dir molti, in particolare Gesuiti e Benedettini, hanno mutato il negotio delle anime in quello delle borse ; et in particolare si dice del detto asilio," Le. Sir ]3asil ]3rooke, " et suo compagno, che con danari de' Gesuiti sia entrato in un traffico d' un nuovo sapone, il quale, perche a questa plebe non place e conosce Jan. 30 l'autore, locdamasaponepapistico." Panzani'sletter, Feb-9, I635 , O. Transcritts.  Petition of the Company, Sept. 29. Order in Council, Sept. 29, S. P. /)om. cclxxiv. 52, 53. 1635 LA UD A.VD COTTIArGTOA . 75 The share of the King in the proceeds of the manufacture would thus have been raised, upon the estimated rate of 5,ooo tons yearly, from 2o,oool. to 4o,oool. a year. 1 Laud took their part. Fie was doubtless content, like the rest of his contemporaries, to believe that it was a good act to encourage the manufacture of soap ruade out of English terials in the place of the manufacture of soap marie out of foreign materia!s ; but he thought that if this principle could be maintained, it would be better to entrust the work to persons practically acquainted with the business, than to a body of gen- tlemen whose only qualification was the possession of Court favour. Cottington, however, thought otherwise. The friends of Portland were in the main his fliends, and he fought hard jL,,« against Laud at every stage of the discussion. Laud, Contention indeed, unintentionally placed arms in his opponent's 13etween .ua a hands. Instead of advocating the cause of his clients Cttington. on the ground upon which tbey were strong, he SUl» ported them on the ground on which they were weak. If it was wrong to levy 2o,ooo/. a year from the existing Compny, it was still more wrong to levy 40,000[. from their rivals. If the price at which the soap was sold could hot bear the burden, the sellers would be ruine& If it could bear the burden, a new form of indirect taxation would be imposed by the royal pre- rogative. It may easily be understood that neither Laud nor Cottinon cared to enter upon the question involved in this last consideration. On the silnple ground that 4o, ooo/. would be better for the Exchequer than hall that sure, Laud beat Cottington from point to point. But he bitterly complained that Cottington had always an argument in reserve : ' when all holes are stopped, then the King could not do it in honour, and God knows what.' On Laud's own showing, Cottington was plainly in the right. Unless the charter were attacked on higher grounds, it was not for the King's honour that a compact deliberately entered into should be annulled slmp!y because others offered to pay a larger sure into the Ex- chequer. In the end the Company's rights were continued on the understanding that they would advance xo, ooo/. for the  Laud fo Wentworth. June t2, Lattd's lVorks, vii. 138. î6 THE SECOND IVRIT OF SHIP-JIO.VE I z. CH. LXXVII. King's immediate necessities, to be deducted from their future july. payments. I The payments were to be 3o,ooo/. for The Coin- the next two years, and 4o,ooo/. aftetwards.  Laud pari y con- tinued, had therefore gained his point with respect to the money, whilst Cottington had his way about the persons. The independent mauufacturers paid the penalty. They were de- Iivered over to fine and imlrisonlnent in the Star Chamber whenever they ventured to make soap without submitting their articles to the inspection of the Company's searchers. Laud's anger, when once it was aroused by any suspicion of lackness in the service of the King, was not easily allayed. He was convinced that the Company would never l.asd's quarrel with pay the money, whilst he was equally convinced that Windebank. tlaere would be no difficulty in obtaining it from l-ifs own favourites. AIl who had taken Cottington's part in the business were included in his displeasure. The desertion of his old friend Vindebank vexed him greatly, so greatly that he broke off ail ties of friendship with a man whom he had raised to the Secretaryship and who had now turned against him. It was very pitiable, but it was something lnore than a mere differ- erence of opinion which angered him. He had discovered that Portland had been bribed with e,oooL by the Colnpany, and he saw in Cottington the continuator of Portland's want of prin- cil»le. He was disgusted with his disingenuousness, and with his disposition to shrink from going to the root of difficulties. To Wentworth he poured out his distress freely. If Portland had been the Lady Mora, Cottington was the Lady Mora's waiting- lnaid. AI1 he wanted was to get the Treasurer's staff and to fill his own pockets, as Portland had done before him. a The i,$pulse which Laud's presence gave to the Treasury inergetic Board could not possibly remain without effect. actiunofthe Old accounts were subjected to a thorough investi- "l'reasury Commission. gation, new sources of revenue were opened up, and old claires refurbished for modern use. In Portland's time few  Receipt t;ooks, July 7, Hallam was mistaken in supposing this money was paid as a fine/or the renewal of the charter. z Garrard to Wentworth, July 3 o, 3"trafford L«tl«rs, i. 445.  Laud to Wentwoth, July 3, Zaud's IVorks, vii. . 1635 FLVAA'CIAL RESO URCES. 77 new demands had been advanced. There was a good deal of peculation, but scarcely any taxation to which people were hot already accustomed. The compositions for knighthood were universally acknowled.ged to be legally due to the King. Even the payment of ship-money by the port towns had given rise to no generai objection. Scarcely was Portland in his grave when all tb.is was changed. To fill the King's exchequer was the first thought with Laud and with those whom Laud was able to influence. The forest claires were now vigorously pushed forward. On April 8, the blow at last fell upon the Essex landowners. The Court which had adjourned in the preceding autumn April 8. Essex Forest was re-opened by Hoiland, and this time Finch ap- Court. peared as an assessor on the Bench. Sentence was gven for the Crown. Ail lands to the south of the rond from Colchester to Bishop's Stortford were adjudged to be within the limits of the forest. Holland explained that, though he was bound fo carry out the sentence of the Court, he would do what he could to mitigate its violence.  Iitigated or hot, the sentence delivered in Essex could hot fail to propagate the belief that the King was determined to ,y. strain his technical rights in order that he might reap Commission o «epoput» a pecuniary advantage. The issue of a Commission tion. on depopulations pointed in the saine direction. In the preceding October Sir Anthony Roper had been sentenced to a heavy fine in the Star Chamber for allowing fields which had once been cultivated to be desolate, and for ejecting the cultivators from their homes. The Commissioners were directed to inquire into similar caseg, and to compound with the guilty upon payment of a fine. It looked as if there was more thought taken for the money to be paid for condoning the evil than for the redress of the evil itself.  It was but another step in the saine direction when Coventry announced that the King had resolved to give a further exten- sion to the writs of ship-money. On June 17 the Lord Keeper  Abstract of Proceedings in the Statements on behalf of the Commis- sioners of Works, p. 37. Eibping Forest Cott:mission.  Rushworth, ij. 333- Commission, May 8, at.- I I Charles I. Part 5. 78 THE SECOND IVRIT OF Shrlp-IIlONE Y. C. LXXVtI. addressed the judges according to custom before they left London for the sunanaer assizes. The first part of his speech J,,ne27. may be accepted as an exposition of Charles's Sys- Coventry's tem of governlnent in its ideal form. He spoke to speech to thejudges, the judges of the care which it behoved them to take to do equal justice between rich and poor, to guard against ' the corruptions of sheriffs and their deputies, the partiality of jurors, the bearing and siding with lnen of countenance and power in their country,' to lnake ' strict inquiry after depopula- tions and inclosures, an oppression of a high nature and com- monly done by the greatest persons that keep the juries under and in awe, which was the cause there are no more presented and brought in question.' To maintain the right of the weak against the strong was, according to Coventry, the special glory of the Crown. The Oppression records of the Star Chamber, scanty as they are, show o«the weak how ill its action could be spared in this respect. Sir tobe re- sist«d. Francis Foljambe, for instance, laid claim to certain tithes. A verdict having been given against him, he 'being a person of great power in the country,' sent men upon the land, who, 'riotously beat the work-folks and carried away the corn.' Sir Henry Anderson, again, took offence against a person named Poole for refusing to sell him a rectory, threatened to set tire to his tenants' houses, picked a quarrel with him, and with the help of his servants gave hiln a sound beating. Another case was that of John Dunne, who 'at such time as Nathaniel Dunne was giving, evidence against him at a quarter sessions upon an indictment for the King, did interrupt him, pinched him backward, and struck hiln with his hand, and thereby en- forced hiln to go away without giving evidence.' 1 Coventry's practical acquaintance with such facts as these might lead him to doubt the wisdom of placing uncontrolled supremacy in the hands of an assembly consisting mainly of country gentlelnen. The time had now COlne when it would be necessary for the King to be more than the guardian of internal peace. At the moment at which the Lord Keeper was speaking the French and Dutch armles were laying siege fo Louvain, after  ushzvorlh, ii. App. 40, 53, I63. COVE,VTRY CHARGES TItE UDGES. 79 the sack of Tirlemont. Was England sufficiently protected Co,,try against a similar attack ? "Christendom," he said, draws atten- ,« is full of wars, and there is nothing but rumours of tion to the danger of a wars. What hath been done of late years abroad forei- n attack, by tire and sword it were a pity and grief to think of, yet we bave had the goodness of God and his Majesty's providence all this while, and bave enjoyed a most happy peace and plenty. As itis a good precept in divinity, soit holdeth in polity too, jam proximus ardet, which if we observe to defend ourselves, it would be a warning to all nations, and we should be the more assured to enjoy out peace if the wars abroad do make us stand upon our guard at home. Therefore no question it hŒEth ever been accustomed the greatest wisdom for a nation to arm that they may hot be enforced to fight, which is better than hOt to arm and be sure to fight." Coventry next proceeded to speak of the fleet which was then at sea under Lindsey's command. Even Charles's extreme Explalns the claire of the sovereignty of the seas was depicted claim tothe by the Lord Keeper as a purely defensive measure. sovereignty «the se. "The dominion of the sea," he said, "as it is an an- cient and undoubted right of the Crown of England, so it is the best security of the land. The wooden walls are the best walls of this kingdom." A manufacturing and commercial people would be courting ruin if the outlets of its trade were left at the mercy of foreign nations. His Majesty had round it absolutely necessary to increase the strength of his fleet in the coming year. Then followed the conclusion inevitably, as it JunetT. might seem to Coventry. "Therefore," he said, Aoc«s "upon advice he bath resolved that he will forthwith ttaat ship- moneymust send out new writs for the preparation of a greater be paid by an. fleet the next year ; and that hot only to the maritime towns, but to ail the kingdom besides ; for since that ail the kingdom is interested both in the honour, safety, and profit, it is just and reasonable that they should all put to their helping hands." t There are moments in the life of men by which the whole  ushwoth, ii. 294. 80 THE SECOND IVI?IT OF SHIP-,[O.'VE I . cH. LXXVIi. course of their future lives is sensibly affected. Looked back upon from amidst the looln of a ruined career, they stand Importance ofthlsde- out with awful distinctness against rhe backround and. of a forgotten past. At the time, the step taken, or the opportunity lost, slipped bv unnoticed. It was then but one in a chain of causes and effects, with nothing in it calling for special remark or demanding any care[ul or anxious considera- tion. Soit was with these words of the Lord Keeper. Ail that he seelned to ask was that the charges necessarv for the service of ail should be borne by all. In our days no minister would dream of dealing wih the question in any other spirit. No Chancellor of the Exchequer would vcnture to ilnpose the charge of the navy upon Halnpshire and Yorkshire whilst Derbyshire and Worcestershire went free. Coventry's argument that the protection of English comlnerce concerned the man who kept sheep on the Cotswolds or who sat at the loom at Leeds as much as the shipowner who sent the finished cloth across the sea, was unanswerable. Upon the further question of the right of the Crown to levy money which it was undeniably desirable to levy, Coventry was Coventry's entirely silent. It was most unlikely that others silence on would be equally silent. The old maxim of the the right to levy. English constitution, that those things which were for the good of all must be provided by the common consent of all, would be certain to make itself heard onze rnore. Even if Charles had meant no more than Coventry meant, if it had never entered into his head to employ in wanton or unwise aggression the fleet which he needed for defence, it could never bave been safe to entrust a King with the permanent right of maintaining an armed force which he might employ in defiance of the express wishes of the nation. Then too there was the further question of the right of taxation. Charles lnight attempt to explain his demand for money as a mere extension of his right to demand personal service from everyone. The common sense of Englishmen told them that it was hOt so. If money might be levied to-day under this pretext, it might be levied under some other pretext to-lnorrow. _Englishmen would be taxed, not by their representatives in Parliament, but by the 635 FI,'VA.'CIAL IAIPRO Y.II.NT, 8 King and the Cuncil. With the loss of control over taxa- tion MI chance of controlling the political action of the Curt would go ai the saine rime. The nation might hot always be wise in its desires or in the remedies to which it looked. It might cherish in its bosom men who would enlist its sympathies for selfish ends, or who would ue the positions which they occupied for the gratification of their avarice or their passions. Much that Coventry and Wentworth said of the evils of popular government was undeniably truc. But the relnedy which they proposed was worse than the dsease. The extension of ship-money to the inland counties was hot the only inroad upon the property of the subject made under the influence of the Treasury Colnmission. July 6. Increseor Portland had thought himself well off to be able customs. to collect tonnage and poundage very much as it had been collected by his predecessors. There had been an additional impost upon tobacco, and an additional export duty upon coals, with the view of keeping that precious minerai from finding its way abroad. Besides these and a few other trifting exceptions, whatever increase of revenue derived from customs there was, was due to the growth of comlnerce and not to increase of taxation. The average ordinary revenue of the Crown, calculated on the rive years ending in December 1635, was about 618,eeoL R,«m,«or The same revenue in 1623 had been 57o,oooi., th Cow.. showing, if allowance be made for the difference of form in which the accounts were rendered, an incease of no more than 48,000/. in eight years. Of this difference, only 5,oooL is tobe set down to the account of customs duties of various kinds, the remaining 43,oool having been obtained from other sources, 15,ooo/. for instance, being set down to the Court of Wards, and 8,400/. belng the amount of additional payments secured from recusants alone. The annual deficit The deficit. on the ordinary account was i8,oooL, the whole of the ordinary expenditure being calculated at 636,oool If therefore the Soap Company fulfilled its promises, in spire of Laud's doubts, the ordinary expenditure would be more than covered. It does hot fol!ow that there would have VOL. VIII. G Sa THE SECO«VD Il'RIT OF SttlP-AI'OVE Y: cH. LXXçlh been a real balance between revenue and expenditure. Be- sdes the ordinary budget, there was a budget of ex- E, xtra- ordinary traordinary receipts and payments. During the ten budget. years of Charles's reign which ended in the spring of 635, the extraordinary payments had reached z,847,597L, whilst the extraordinary receipts had reached only z,596,3o5L, leaving a sure of 5,z9œeL to be covered by the constant anticipation of the revenue of future years. The extraordinary expenditure had been to a great extent caused by the e/penses of the war at the beginning of the reign; but it was by no means limited to those expenses, and it is probable that an additional oo, ooo/. at least would have been needed to pro- du«e an actual balance of the revenue and expenditure. Be- sides this, the debt still requiring payment stood at i, 173, 98/.1 Such was the result of the thorough investigation into the financial state of the exchequer upon which Laud had insisted. july. l.ong before it was completed, the need of money C,om had driven the Treasury Commissioners to make i««, fresh demands upon the nation. As in the case of ship-money, Coventry was employed to put the best possible face upon the business. On May z8 he had announced to the Privy Council that ' for the better balancing of trade in relation to the impositions in foreign parts upon the native commodities of this kingdom, it was advisable to draw up a new book of rates.' The new book of rates resulted in an augmentation of the duties levled estimated at no less than 7o, oooL = If Laud and his colleagues were to proceed in this fashion, it was certain that if Parliament ever met again in time of peace, the power of the purse would no longer be in the hands of the House of COllllllOns.  See the financial tables in the Appendix. Ranke's statement (Engl. tr. ii. 3 I) that the interest absorbed the greater portion of the revenue is in glaring contradiction with his own figures. On the forced loan, besides, no interest was paid, and some of the test was in the saine condition. Where interest was payable, it does hot follow that it was paid. " Coeotcil Re.oEsler, May 8. E-timate of the revenue froln customs, July I6, s. I . Dont. ccxciii. 27. The whole revenue from customs i there reckoned at 35o,oooL, or more than half of the receipts. I635 FOREIGIV CO,IIPLICA TIONS. 83 Would peace, however, be lnaintained ? The cloud which, vhilst Coventry was speaking to the judges, overhung the Foreign Spanish Netherlands had passed away, and Charles complice- was able complacently to inform Necolalde that his tions, fleet had contributed, by its protection of Dunkirk, to so desirable a result. 1 But behind the question of the Nether- lands lay the question of the Palatinate, which Charles could a'he val» neither let alone nor take up effectively. The news ti,t«-gal,, of the exclusion of his nephew from the benefit of the Peace of Prague touched him deeply, and his sister had been still more affected by it. Once more she appealed to him for active assistance. The treaty, she said, would open his eyes, and the eyes of ail in England, ' if they be not shot out with pistols.'  In the Foreign Committee, however, pacifie counsels prevailed, and in this respect Laud was likely to meet with no opposition from Cottington or Windebank, upon whom the conduct of the secret negotiations with Spain now ex- clusively devolved. The young Elector would complete his eighteenth year in the winter, and it was thought right in England that, before taking up arms, he should make a formal offer of his submission to the Emperor, and should delnand in return to be invested with his father's lands and dignities, in order that no prejudice might follow the neglect of such legal formalities. Charles thus found an excuse for reconciling the duty of aiding F.is nephew with his desire to do nothing at all. In vain his wife painted in brilliant colours the advantages of an alliance with France. In his letters to his sister he explained that it was better for hiln not to avail himself of the overtures of the French too soon. 13y delaying a little he might force them' to unmask and deal plainly upon more equal terlns.' It was at last arranged that Lord Aston--the Sir Walter Aston of James's reign--should go as ambassador to biadrid, and that John Taylor, half a Spaniard himself by birth, t lXleeolalde to Ofiate, July 3 S, a °. Spain. Aug. IO   Elizabeth to loe, July , s./r,. Zom. ccxciii. 4. 84 THE SECOAD II'IIT OF SHII'-IfO.A'E Y. c. LXXVII. should be despatched to Vienna, to feel his way with the Emperor before a formal embassy was sent.  Vhen the first writ of ship-money was issued, the intention of Charles was to use his fleet against the Dutch in alliance with Spain. Now that the second writ, with its far What was Charl«s's larger demands upon the patience of Englishmen, laolicy tobe .9 was preparing for issue, he had no decided policy of any kind. He was equally ready to employ his fleet against France in alliance with Spain, or to employ it against Spain in alliance with France. Whether he was to take one side or the other was to depend hot on any consideration affecting the interests of England, still less on any consideration affecting the interests of humanity, but simply on considerations touch- ing the personal interests of his nephew. No stirring appeal to the English people to accompany the call upon their purses was therefore possible. In the writ Isue of the which came forth on August 4, the demand was «oawit justified on the gmund ' that as all are concerned in of ship- ,,on«y. the mutual defence of one another, so ail might put fo their helping hands for the making of such preparations as, by the blessing of God, may secure this realm against those dangers and extremities which have distressed other nations, and are the common effects of war whensoever it taketh a people unprepared.' From these words it was evident that Charles contemplated not tt temporary measure to resist a sudden danger, but a 7ho fu,- perlnanent taxation to oppose any possible risk from m«,ta ws. a hostile force. Why then, men naturally asked one another, was not the nation itself consulted? Why was not Parliament summoned to provide a remedy for the evil? A phrase which sprung into existence in these first days of doubt and hesitation had a long and brilliant future before it. The new writ, it was said, violated the fundamental laws of England. It mattered little that no one could point out what those funda- mental laws were, any more than their ancestors could have pointed out precisely what were the laws of Edward or Egar Coke to Boswell, July 3 o, & l °. .FZollatd. i635 SPREAD OF DISSA TISFA CTION. 85 the renewal of which they clailned. What they meant was that the English people had never entirely relinquished their control over their own destinies, nor had ever so put themsdves like sheep into the hands of any king as to surfer themselves to be tended or shorn at his arbitrary will. Not in stature or precedent, hot even in the Great Charter itself, but in the imperishable vitality of the nation, lay the fundamental laws of England. The phrase which was soon to become so familiar seems to bave started into life amongst those courtiers of the Queen who were calling for a Parliament to force upon the King a French alliance. 1 It was, however, easily repeated, and it soon became the watchword of the common feeling of dissatisfaction which was slowly spreading over the kingdom. As yet, as far as we can judge, the feeling which prevailed with respect to the King was still one rather of dissatisfaction Feelingof than of positive disapprobation. He had not con> the nation, mitted the nation to any action which was distinctly unpopular. The fleet which had kept the sea during the sure- mer had done but little, good or bad. Nor was the pecuniary pressure of the ship-money great enough to be felt as crushing. The sure required was 2o8,9oo1., or about two-thirds of the sure levied by gift of Parliament in the year in which the Petition of Right had been granted, and only exceeding by about 7o, ooo/. the annual average of the amount levied in subsidies during the first four years of the reign.  The real grievance beyond that which attends any demand whatever for money was that the King had deliberately treated the nation as a stranger to his counsels, and that if his claim to levy money by his own authority were once admitted the door would be opened to other demands of which it was impossible to foresee the limits. . Sept  Salvetti, in hls .Vews-Zetter of ,.. ascribes it to the Puritans, but the Queen's party at Court were Puritans in his vocabulary, and I fancy from his language that these are intended by him.  The subsidies collected since the beginning of the reima were 6z,3S7/. The result given above is obtained by allowing 5z,oool. trxears left uncollected after Match I629. 86 TIgE SECO2VD II5çi7" OF SI4IP-,IIO2VE ]'. eu. LXXVII. The growing i,npression that Charles was using technical law to secure possession of absolute power received some Au,,.,. aliment from the persistency with which he con- Honanàin tinued to urge his forest claims. Holland had the Nev¢ Forest. held his court at Winchester, and had struck at a victim more likely to make his voice heard at Court than the Essex landowners had been. The young Earl of Southampton was called in question for a great part of his estate at 13eaulieu, and it was said that if sentence were given against him his income would be reduced by 2,oool. In October October. the blow fell. It was not likely that the King would prove inexorable to the Earl's petitions for relief ; and in fact Charles, after keeping him nine months in suspense, issued a pardon by which all future claires of the Crown were aban- doned. 1 It was none the less annoying to Southampton to be reduced to beg for the restitution of that which, but for the quirks of the lawyers, he might fairly regard as his own property.  The view which Charles took of these forest claires was one which would bring more odiuln upon his government than the benefit which he derived from them was worth. In September. Commission September he issued a commission to Holland and for Dean d E».,, others, authorising them to grant pardons for en- Forests. croachments upon Dean and Essex Forests to those who were willing to pay a moderate suln into the exchequer, nd even to proceed to their disaflbrestation, if they could obtain the assênt of those who were most intêrested in the measure.  If, therefore, Charles was far from converting his claims into engines of tyrannical oppression, or from wishing to draw from his subjects those enormous sums with which history bas credited his memory, he allowed himsclf, for the sake of a few thousand pounds to be regarded as a greedy and litigious |andlord rather than as a just ruler or as a national King. Every man who would bave to draw froln his purse the small sure needed to satisfy the royal denmnd, knew that the claire itself  Pardon, July $, x636, lalent ]olls, x2 Charl,'s l., l'art 20.  Garrard to Wentworth, Oct. 3, Sl:',ffordl.,'llers, i. 467. That sen- tlta¢ê was given agai, st him is poved by his subsequent t)ardon.  Cmmission, Sept. zS ldymet; xix. 688. 635 RICtt.IIOWD P.CRA: 87 was founded on no broad principles of justice. He learned to regard his sovereign as an unfortunate suitor regards a sharp-witted and unprincipled attorney, who has succeeded in plundering him through his superior knowledge of legal tech- nicalities. Ail this while the struggle between Laud and Cottington at the Treasury Commission was being carried on as vigorously Cottington as ever. Cottington had actually succeeded in i,1 fvo,,- bringing round the Queen to his side, partly perhaps ith the t,een, by holding up Wentworth's invincible probity as a bar to her hopes of obtaining good things for berself and ber family, partly too by his lavish offers to support the French alliance, whi«h he was secretly doing his best to undermine.  ].aud, moreover, was at tbe disadvantage of having as yet no candidate of his own to propose who was likely to be accept- able to the King, now that it had become less probable than ever that Went«orth, with the work of carrying out the plan- tation of Connaught before him, would be able to relinquish lais post in Ireland. Even the King, much as he esteemed Laud, was not insensible to his rival's compliant flattery. Ever since the preceding year he had been bent upon enlarging Richmond Park robe Richmond Park, and had issued a commission to compound with the owners of lands within the pro- jected boundary.  Some of these owners refused to part with their property, and CharlEs, impatient of resistance to his wishes, ordered that a brick wall should at once be built round the circuit of the new park, thus cutting them off from the surround- ing country and depriving them of the value of their land. To August. Laud the whole scheme was most distasteful. Not L,à po- only did it inlringe upon the rights of property, but tests against the expens. It would entail an expense of many thousand pounds. V'hat hope was there of effecting a balance between the re- venue and the expenditure, iï Charles could not control his desire for personal gratification ? When the demand for the money was brought before the Treasury Board, the Archbishop opposed t Seneterre's despatches are full of the intrigt'es of 'ce fourbe de Cottington,' as he calls him. • 2 Commission, Dec. 12, 1634 , ymcr, xix. 585. 88 T/fA SECO'D If'RT Off" StflP-]IO'LY. CH. LXXVII. it stoutly. These were not times, he said, for the King to spend anything in buildings of mere show. He was much astonished to find that there were men who had put such thoughts into his Majesty's head. Cottington, who knew himself to be aimed at, and who had privately remonstrated with the King in the same sense as Laud, nevertheless saw an opportunity of currying favour with Charles by appearing in his defence. They were hot there, he said, to discuss whether his Majesty's intention were good or bad, but simply to put it into execution. As for himself, he did not think that the King was so poor as not to be able to mcet a demand ruade on him for his own private pleasure, even if it entailed considerable expense. It was he who had advised his Majesty to do what he had done, knowing that there was nothing wrong in it. Laud, hearing this as- tounding confession, reproached Cottington bitterly, and the The King sitting broke up in confusion. When Charles heard diappro,,es what had passed he only laughed at Laud for being of his con- duct. SO easily taken in, and showed more favour than ever to Cottington. There were those who thought that he was secretly pleased to find a servant who was ready to tell a false- hood in order to take upon his own shoulders the blame which ought to have devolved on his master. 1 Laud had the mortification of seeing the continuance of the expense ; io,9ool, were paid during the next six months for October. building the wall, and the compensation of the owners Cc.ttington of the soil would be likely to cost much more. Cot- thought sure «theTra- tington was in higher favour than ever. In the be- »urer»hip. ginning of October it was almost universally believed at Court that he had secured the Treasury.  The discovery that Charles was hOt to be depended on in resisting extra-  The story told by Clarendon (i. 208)is demonstrably placed at a wrong date, and differs in most particulars from that told by Correr in his 6 despatch of Aug. . Still they are manlfestly two forms of the saine story, and I bave hot hesitated to give the preference to the contemporary nar- rative, borrowing a point here and there from Clarendon. 2 Wotton to Cottington, Oct. 4, S. . Z)om. ccxcix. 4 ; Correr to  Vcn..M'SS. the Doge, Oct. 1635 St?LF-I2VTERES T. 89 -agance was a heavy blow for Laud. "Now," he wrote, ira commenting on Windebank's opposition, "the course bath fallen out otherwise with me, and so as I little expected, for I bave all fair carriage and all other respects in private, but Laud's in the public he joins with Cottington ; insomuch «omalnt. that in the soap business, 'here I tbought I had all reason on my side, I was deserted, and the opposite assisted by him ; and not in this alone, but in the Commission for the Treasury, Windebank went stiffly, with Cottington and the test, that it was hot fit, nor no good could corne of it, that the King should know his own estate. Now the thing that troubles me is this, that all should be as fait, and as much profession as ever, and a desertion of me in such open, honourable, and just ways as this." Such is the picture of Charles's Court drawn by Charles's most devoted suppoïter. "I ara alone," he said,"in those things which draw hot private profit after them." l The antagonism between the two men and the two systems which they advocated came toits height in the Star Camber. Case ofPell 2 certain Sir Anthony Pell had long had claires an gg against the Crown, and had found it impossible to in the Star Chamb. obtain from the late Treasurer a sure of 6,oooL which was due to him. In his difficulty he appealed to Eliot's old enemy, Sir James 13agg, who had transferred his fawning servility to Portland after 13uckingham's death. 13agg recommended him to bribe the Treasurer, and offered himself as the medium of the operation. On this pretext he drew from him no less a sure than 2,5o0/. Affer some time spent in fresh SUl:plications for payment, Pell, finding himself no nearer his end than he had been before, charged 13agg in the Star Chamber with ap- propriating the money himself. 13agg replied that he had paid it over to Portland, and had no further responsibility Nov. x x. '6ot When the day of sentence arrived, Laud and his divided, fi'iends took the part of Pell, on the ground that, even if Portland had had the money, ]3agg deserved punish- ment as a broker of bribery, whilst Cottington warmly sup- ported ]3agg. In the end the court was equally divided, and  Laud to Wentworth, Oct. 4, Zaz«d's kForks, vii. 171. 9 ° TItE SFCOA'D Il'RIT Off SItlP-.]/O'VE I . Cl-I. LXXVII. judgment was only given for Pell by the casting vote of the Lord Keeper.  It was startling that nine out of eighteen Privy Councillors should bave rallied to the defence of such a transaction. Still ,r,,ments more startling were some of the arguments by which sed in ce- they supported their vote. "Suppose," said Cotting- fence of Bagg. ton of Bagg, "that he had the money, is it a crime if a man undertake to effect a business for another ?" " I do not think it to be a crime," said Dorset, "for a courtier that cornes up to Court for his Majesty's service, and lires at great expense by his attendance, to receive a reward to get a business donc by a great man in power." Windebank followed in words which are enough to show that Laud's estrangement from hiln arose from a difference which went deeper than any mere divergence of opinion on the soap business. " For the bill itself," he said, in speaking of Pell's complaint, " I hold it precisely a most scandalous defamatory libel .... I do hold the main intent and scope of the plaintiff was most lnaliciously to defame the I.ord Treasurer, and under colour of clearing him, to wound lais honour through the sides of his kinsmen, his friends, his two secretaries ; and, rather than this bhould fail, to bring into public agitation and question his Majesty's affairs and debts, which in my poor opinion is of exceeding dangerous conse- quence, and all the good that would corne of the punishment of Sir James Bagg, were he as foul as they would make hiln, is not to be put in the balance with the detriment that by the Laud's precedentmay corne to the King's service."  Laud's ey. reply was crushing. "If the Lord Treasurer have a near kinsman, or secretary, or anv other employed for him, if  A'ushworth, ii. 303 . On Laud's side were Finch, Bramston, Coke, Vane, Newburgh, Holland, Lindsey, and Coventry; on Cottington's, \Vindebank, Juxon, Carlisle, Dorset, Arundel, Lennox. Mnchester, Neile. It is strange to find the two bishgps on Cottington's side. The judges, however, are in their place in voting with Laud. They wished to establish something very like ab.olute monarchy in England, but they wished it to be free from corruption. "- Windebank's notes, Oct. -3, Nov. 4, 6, , S. -P. Z)om. etc. 34, ceci. 3, 9-7, 56" 1635 HAGG'S ESCAPE. 9x those men shall be corrupt, or do those acts which shall make the world believe itis so, it shall be as lnuch as if they were really guilty. For by this means the people will run on with an opinion of bribery and corrup.qon. They cannot have it out of this great lnan's hand, but they lnUst go that way of bribery to the secretary for it. It shall not only bring great men into despite, who perhaps never heard of it, but men when they cannot bave their money without going this way care not what they do." Of 13agg hilnself he spoke as he deserved. "See," he said, "the many letters he writ, 'James Bagg, your most real friend.'--'¥our business will be better donc if vou leave it to your friend, James Bagg.' Here is his hand against lais oath and his oath against his hand. He is a lnost base fellow to say ' Your most real friend,' and to serve Sir Anthony as he did. I have now donc with that bottolnless bag, and with lrly censure." l Once more Laud failed to carry the cou!d hot bear to punish a man who Charles his service. He refused to refu«e to puni.,h ever upon Bagg, and he left 13agg. governorship of the fort at Kingwith him. Charles had devoted himself to inflict any penalty what- him in possession of the Plymouth. Such weak- ness was in truth an abdication of the higher duties of govern- ment which went far to justify the rising distrust of the Royal authority. Laud and Wentworth and Coventry might talk as loudly as they pleased about the duty of submission to his Majesty. The man who condoned the offences of Bagg was deficient in the elementary qualities by which respect is secured for a ruler. Yet if Charles was not sufficiently impressed by the evidence produced at the trial to punish the culprit, he learned enough Cottington's to make him hesitate whether it would be prudent chance of the to entrust the Treasurer's staff to Cottington's hands. Treasurer- ship. A month before it had been believed that his pointment was certain. The end of November found the office still vacant. Opposed as Laud and Cottington were, they agreed in  Laud's IVorks, vi. 29. ç THtï SCOD IVRIT OF SHIP-AIO'tïY. cH. LXXVJI. urging on the collection of ship-money. In the sheriffs and No,e,b«r. justices of the peace the King had his representa- Coll««ion of rives in every county of Eng]and. To the sheriffs ship-money, especially, the work of conducting the assessment was comnfitted, and thcy were directed fo take account of personal as well as of real property, so as fo bring the new levy into trucr proportion fo the actual income of the contributors than that of the old subsidies had been. For some rime very fev venturcd fo attack the imposition as il]ega], but the very nove]ty of the mode of assessment offcred an excuse for comp]a}nts. The work had fo be done suddenly and speedily, and all over England the sheriffs were overwhehned with outcr}es against thc unfairness oftheirdecisions. Every hundred, every in the country" had excellent reasons fo show vhy ]ess than others, and though there was seldom anything said in these complaints in any way inconsistent with an acknow- Icdgment of the King's right fo clahn payment, the agitation would be certain fo predispose those who took part in it to listen eventuaIly fo bolder spirits who might declare the denmnd in itse]f unwarranted. Much depended on the character of the sheriffs. In Lancashire, Humphrey Chetham, whose naine wi]I ever be ]Ulumphrey honoured in IVanchester, was sheriff for the year. Ch«tham. He sent ai once for the mayors and constables, settled the assessment in a rough and ready fashion, refused fo listen fo excuses, and coIIected and sent up the money to Whitehall before the )'ear was at an end.  Few of the sheriffs were so prompt or masterful as Chetham. Letters full of diflïculties about the assessments poured in Difficulties upon the Council. Edward Nicholas, who was now «t,« secretary to the Cornmissioners of the Admiralty, sheriffs. was appointed to carry on the correspondence, and Resistance i O×ford- to give an account of it to the Council at its week]y .ie. Sunday meeting.  The first sign of a direct oppo- tion to the ship-money upon principle came from the hundred ' Chetham to the Council, Dec. 6. Printed in the preface to Bruce's Calendar of .'. t . Z)om. 63. 5. " Council Aegister, lov. 8. I635 RESISTAWCE TO SHIP-«IOWE Y. 93 of Bloxham in Oxfordshire. In that hundred lay Broughton, where was the estate of Lord Saye and Sele, who was dis- tinguished alike for the strength and pertinacity of his Puri- tanism and for the doggedness with which he turned to account every legal weapon which might serve his cause. Close by, too, though not actually within the hundred was Banbury, that most Puritan of Puritan towns, in which, according to a jest which obtained some circulation, men were in the habit of hanging their cats on Monday for catching mice o.n Sundav. t To the chier constables of this hundred Sir Peter Wentworth, the sheriff of the county, made out his warrant directing them to summon the discreetest men of the hundred to assess upon the inhabitants the 2o91. charged on them. The reply he re- ceived, which was probably suggested by Lord Saye, was that 'upon good consideration had,' they thought they had 'no authority to assess or tax any man, neither' did 'they con- ceive the warrant' gave ' them any power so to do,' and there- fore they did ' humbly beg to be excused in and about executing the said service.' A second warrant produced no more satis- factory answer. In Banburyhandred the constable of a tithing absolutely refilsed to make any return of the names of those who would not pay. The sheriff forwarded these answers to the Council, with the suggestion that the constables should be called belote the Board.  But the Council was in no hurry to be brought into personal collision with these men. Went- worth was directed to make the assessment himself. The principle thus adopted of making the sheriffs personally re- sponsible was maintained to the end, and their diligent if not their zealous co-operation was thus enlisted in the service of the Remlssness Court. The London sheriffs, who had been slow in in London. carrying out their assessment, were summoned at the saine rime before the Council, and were ordered to attend every Sunday to gve an account of their proceedings till they had completed their task. 3  Branthwait's Z)rnken Barmb.F.  Wentworth to the Council, Nov. 27 (?), S. P. Dom. eecii. 90. The eertifieates from Bloxham are enclosed, dated Oct. 19 and Nov. z. * Minutes by Nicholas, Nov. z9, S. -P. Z)om. cccii. 9 o. 94 THI. SECOW.D I'RIT OF SHIP-AIOA'E Y. CH. LXXVII. In Essex, too, some of the constables refused to assess. In Devonshire the sheriff reported his fears that at least in some cases it would be necessary to have recourse to dis- Refusal to _«»i. traint and imprisonment.  As )'et, however, such Es»c,,. direct refusal was exceptional, and the Council had no reason to apprehend that it wou d be generally imitated. Still, there was opposition enough to create an uneasy feeling. Charles directed Finçh to ask the opinion of the t)«c«mt*r, judges on the legality of the step which he had Wh«juage taken. Finch afterwards declared thut he 'did never consulted. use the least promise of preferment or reward to any, nor did use the least menace.'  It is likely enough that this was the case. It was unnecessary to remind the judges which way the King's wishes lay, and most of them were inclined by their own temperament to take the saine view of the case as that which had been adopted by Coventry and Finch. Without much delay Finch brought back the signatures of tn of the twelve judges to the following answer :--" I am of Opinion of opinion that as where the benefit doth more particu- thejudges, lady redound to the ports or maritime parts, as in the case of piracy or depredations on the seas, there the charge hath been and may lawfully be imposed upon them according to precedents of former times ; so where the good and safety of the kingdom in general is concerned, and the whole kingdoln in danger--of which his Majesty is the only judge--there the charge of the defence ought to be borne by all the kingdom in general." a Of the two judges xvhose names were hot appended Croke and nu, toao to the paper, Croke gave a guarded opinion that hot sign it. when the whole kingdom was in danger, the defence ' Report of the Sheriff of Essex, Nov. !5. The Sheriff of Devonshire to Nicholas, Nov. 26, S. Z'..Dom. ccci. 96, cccii. 87. " 2'uslzvorlh, iii. I26. s tramston's Aulol, iograîhy (Camden Soc.), 66. Probably he found the paper amongst the MSS. of his father the judge. He says that ail the judges signed, but Finch's evidence (Rushworth, 126) that two did lmt is to be preferred, as he had better opportunities for knowing, and was tlt.t likely to bave misstated a fact which must have been notorious. I35 OI;LVION OF THE 'UDGES. 95 thereof ought tobe borne by ail,' without reference to the quarter from which the demand should corne. Hutton did not sign at all. It is impossible to dive into the hearts of the ten judges who decided for the King. The knowledge that their tenure of office depended on his favour may not have been The legal • -ie,,,«he altogether without its influence, an influence probably «as. entirely unacknowledged by themselves. But it s only fair to allow much more than it bas been the habit ot historians to allow for the difficulty of answering the question put to them in any other way, without admitting, on the one hand, political considerations into a legal opinioll, or abandon- ing, on the other hand, that view of the constitution which they had themselves so frequently defended. The only part of their opinion, indeed, which was in any way subject to doubt was that which asscrted the King to be the sole judge of the danger. For the politician the solution of the dilïïculty vas hOt hard to find. It was hot unreason- able to hold in the seventeenth century that if danger were really to corne suddenly and unexpectedly, the King would be authorised, just as the Cabinet would be authorised in the nineteenth century, to take any steps which lnight be neces- sary for the safety of the State, without regard for the restraints of law ; and that, as such steps would have to be taken in a moment of confusion when there was no time to summon a Parliament, the King must of necessity be the sole judge of the danger, for meeting which he vas alone responsible. It was also not unreasonable to hold that in cases where the dan- ger was likely to develop itself more sloly, he would be bound to apply to Parlialnent for the special powers which he thought hinase]f to stand in need of. Yet not only was it difficult to discover a legal formula which would distinguish between sudden danger and danger of a more deliberate kind, but the training of the judges had not been such as to lead them to look with favour upon any attempt to circumscribe the prerogative. The fact was, not that Charles had assumed to himself a right of judging of the danger which had never been claimed by his predecessors, but that he had stretched that 96 TttE SECO«VD IVRIT OF SHIP-AIO.*E ]. cH. LXX¥II. right immeasurably beyond the limits within which their goocl sense had confined it. They had ca!led upon their subjects to follow them when an attack from an enemy was apprehended, and they had sometimes exaggerated the danger in order to serve their own ends. Charles, vith no immediate risk in view, had rightly judged that there was a necessity of per- manently increasing the defensive forces of the realm, and had imposed upon the kingdom a tax which he intended to make permanent in order to free himself from the necessity of calling a Parliament. Once more, behind all the legal arguments about ship- money rose the great question which had risen behind the legal . l'aia- arguments about tonnage and poundage : Was Par- ment a con- liament a constituent part of the Government or stituent part «thsta«. hOt? Could it use its rights in order to force its policy upon the King, or was the King justified in falling back upon his ancient, and more than his ancient, prerogative, in order to maintain his own policy in spit-e of the objections ofhis subjects ? In plain words, the question was whether the King or Parliament was to be supreme in the State. This broad view of the case could hOt fail to force itself more and more plainly on the eyes of all men. La3"ers might declaim about the prerogatives of the Crown as they had been handed down from the Middle Ages. Common sense would teach the mass of the nation that the practical extent of the preroga- tire had by no means coincided with its theoretical extent, and that there had been all sorts of regular and irregular in- fluences by which it had been kept in check, which might not corne within the purview of the judges, but which it was the duty of the existing generation of Englishmen to refurbish or to replace. Surely Charles was right, though in a sense higher than he thought, in judging that danger was abroad; but it was nota "*,rhero was danger fron a foreign enemy. It lav in the rending thedang« asunder of the old ties which in old days had bound to the kings of England the hearts of their subjects, and against this danger neither ship-money nor ships themselves woutd be of any avaik 635 REStt OVt:'RTURES FROM" FRANCE. 97 Such far-reaching considerations, however, were beyond Charles's ken. His mind was set on the attempt to turn the fleet which he had acquired at the risk of such August. Prop«s wcakcning of thc basis of his authority, fo somc of th« fleeto practical service to himself. Immediately after the issue of the writs, he assured the Spanish Govemment that if" they were still ready to find the money, he was ready to go on with the treaty ofthe preceding year, while Taylor, who Char]es' °fiers to was about to set out for Vienna, was directed to offer Spain anti the Em. to the Emperor the alliance of England if he would pc,r, give satisfaction in respect to the Palatinate.' As before, negotiations with France accompanied negotiations with Spain. The Queen, in her husband's naine, urged Seneterre to take up the broken thread once more. Seneterre answered drily, that it would be better for him to hold his peace than again to go through the form of exchanging words without a meaning. Richelieu decided otherwise. If Charles would simply engage to abstain from helping Spain, would lend his fleet to t.eptember. Richdieu's his nephew, and would allow Louis to levy volunteers ovtures, in his dominions, France would engage hot to make peace without the restitution of the Palatinate, though the question of the Electorate was to be reserved for the final determination of the Electors.  Seneterre saw clearly that Charles's real wishes were that everything should be done for him, and little or nothing by him. "If," wrote the ambassador, "the war could be eternal, and if both we and the Spaniards could be Oct. x. Charles proposes a mutual ex- change of Lorraine and the Palatinate. and peace would be restored. equally ruined, it would be the joy of his heart. '' Charles, as it proved, had nothing but fault to find with the proposais ruade to him. He had, however, a coun- ter-propos-al of his own. As the Emperor had seized the Palatinate, France had seized Lorraine. Let the Emperor and France make restitution of their prey, He would himself be ready to Instructions to Aston and Taylor, Aug. 15, çlar. S. P. i. 3o6, 3o.  16, Seneterre to Bouthillier, Aug. -:-. Memoir for Seneterre, Sept. - x5 l?ibL 2Var. Fr. 15,993. Sept. 3 o Seneterre to BouthiIlier, . ibid. VOL. VIII, H 98 THE SECOND I.VRIT OF SHIP-ZIONE ]: CH. LXXVI, show favour to that power which was the first to give way. Seneterre positively refused to transmit such a project to his toaster, .and Charles was obliged to send it through his own ambassador, Richelieu did hot even think the suggestion worthy of a reply.t The formal justice of the arrangement had taken possession of Charles's mind. He did hot see that a question of territory cannot be decided as a right to an estate is decided. If one landowner is adjudged to surrender a field to another, the loss sustained by him is limited to the actual diminution of his estate. The saine authority which has deprived him of part of his possessions will secure him in the enjoyment of the test. There is no authority in e×istence to prevent a State which bas acquired land by conquest or cession from using it as avantage ground flore which to carry on a further sttack. If Ferdinand were to restore the Palatinate to the young Charles Lewis, who was to assure him that the Palatinate would not again become a focus of intrigue against the Emperor ? If Louis were to restore Lorraine toits own Duke, who was to assure him that Lorraine would not again become a focus of intrigue against France? If indeed France and the Empire with Spain at its back could lay aside all hostile intentions, it would matter little what petty prince was in command at Heidelberg or at Nancy. But the real quarrel was between France and Spain, and Charles's proposal did not even attempt to remove the causes which had brought about the war between the two Western monarchies. The scheme had, in fact, been suggested to Charles by the Queen. It originated in aires which were purely përsonal. She wanted tobe on good terres with Richelieu, in order The plan #uggested by to obtain from him the liberation of the Chevalier de th 2«,,. Jars, and to secure her mother's return to France and the restitution of the Duchess of Chevreuse to Parisian lire. She also hoped by obtaining the restoration of the Duke of Lorraine to give complete satisfaction to the whole circle of her mother's friends. For once the impulsive personal feelings of the Queen were in accord with the cold formal judgment of her husband.  Proposition of the King, Oct. . Seneterre to Bouthillier, Nov. 3__ IiL 2Var. Fr. *5,993- 163 7"HE YO.&'NG ELECT"OR t'ALATINE. 99 One had just as lktle hold as the other on the realities of life. Her confidant Holland urged Seneterre to accept the November. plan, hot because it was likely to effect a peace, but because the Emperor was sure to refuse to fulfil his part of the bargain, and Charles would then throw himself into the arms of France from pique at the refusal. 1 In the midst of these intrigues, the young Elector Palatine suddenly ruade his appearance at the English Court. Elizabeth «. 2,. trusted that her son's innocent boyish face would work The Elector. wonders at Whitehall. Charles had given his consent .Palatine in England. to the visit, and both he and the Queen received the lad with the most affectionate welcome ; but the cause which he came to plead was injured rather than advanced by his pre- a'he'rench sence. Already in the Netherlands, Elizabeth had asked to quarrelled with Charnacé, the French ambassador at acknowledge his title, the Hague, for refusing to give the title of Electoral Highness to her son. To allow the insult to pass unchallenged -was, she said, to acknowledge ber husband to have been legally proscribed. "Believe me," she declared to the ambassador, "neither fait means nor foul shall ever make me do anything that shall give the least touch to the King my husband's honour ; I will sooner sec all my children lie dead before me rather than doit, and ifany of them be so desperate as fo consent to any such thing, I will give them my curse." 9. A demand which sat well on the lips of a high-spirited widow might accord ill with the exi- They refuse gencies of a statesman. Charles, however, was as reso- to ao . lute as his sister had been. The French ambassadors replied that they were quite ready to address the King's nephew as his Highness, but that they could hot style him his Electoral Highness.  Their Gover'nment supported them in their refusal. The King of France had deliberately announced his intention of referring the question of the Palatine Electorate to ihe decision of the Electors, and he knew better than to raise up enemies in Germany for the shadowy chance of making an ally of Charles. x8 * Seneterre to Bouthillier, Nov. , tibL 2Val. Ff. 15,993. * loswell to the King, Match, S. . tZolla»d. * Seneterre to loulhillier, Nov. 2s louthillier fo Senetere, Nov. U Dec. 5" Dec. 7 17iM. 2Var. Ff. 5,993. roo THE SECOND IVRIT OF SHIP-A[ONE Y. CH. LXXVIL Necolalde saw his opportunity. He knew perfectly well that none of the allies of Spain were likely to take offence at any Ie«. ,. words which he might employ for the purpose of Necolde hoodwinking the King of England. He accordmgly gives the title, asked for an audience, and addressing Charles Lewis in a loud and deliberate voice as "Your Electoral Highness," proceeded to congratulate him on having left a rebellious country, and to assure him that his interests were better attended to in Spain than he imagined, t Necolalde gained his object. Charles stiffly rejected all proposais ruade to him by the French. At a meeting of the Committee of Foreign Affairs he openly spoke of Charles turns againstthe Seneterre as a cheat. Hamilton truly said that Fr«,c Necolalde only spoke as a courtier. "I esteem him all the more," replied the King, "for his courtesy and good- will, He bchaves like a Spaniard, and the Spaniards are my friends on whom I can rely. AIl the rest is deception and villainy. I thank Goal that I have been so much the toaster of myself that, with continual temptations for two years, I have hOt given way to those who prefer dissension and hostility in Christendom to peace." z That Charles would render any real service to peace might be doubted. For the present, at least, he was giving immense lon«, sent help to one party in the war. A ship of the fleet to »'a«. which had convoyed his ambassador to Spain re- turned with xoo, oooL in Spanish coin, and landed it safely at Dtànkirk for the payment of the Cardinal Infant's army. s In the meanwhile Taylor had been taking his journey to learn whether the Palatinate was to .drop into Charles's lap or hOt. On November I z he arrived at Vienna. "Ger- Nov. . a',lo t many," he wrote, "the greatest and whilom the fairest Vienna. country of Europe, is now the most miserable, and looks hideous to the eye . . . From Cologne unto Passau I saw nothing but desolation ; the people being ahnost dead:  Correr to the Doge, Dec. Lt, Ven. 21,ISS. " Necolalde to the Cardinal Infant, Dec. , rtt$se'.$ lll'SS. I call only give the translation of a translation  Windebank to Hop:on, Dec. 2o, Clar. S. /. i. 389. 635 TA YLOR A T b'IEIVA'A. o! and no corn sown for next year, so that it is feared that even those few that survive will perish through famine and hunger." Taylor, himself a Roman Catholic, and hall a Spaniard by birth, felt too little interest in the cause which he had corne D«c«mber. tO advocate to be otherwise than hopeful of success. a'he Em- "The Emperor," he wrote, "hath again, at the King's [eror gives ,,opus request, set open the gates of his mercy ;" he would doubtless restore the Lower Palatinate, and everything else ,ese. would follow in due time. According to his instruc- Ja,,ry. tions Taylor held out hopes of a league between his Taylor thinks well toaster and the House of Austria. The idea, he re- OE the pros- ct. ported, vas favourably received. Even Maximilian of Bavaria had talked of giving up such lands as he held in the Lower Palatinate. If only the young heir would visit Vienna and marry the Emperor's daughter, and if the English fleet ,«ere really used for an attack upon France, some concessions might be nmde in Germany.  On January 4 the Feb. 4- The Em- Emperor formally declared that if the Count Palatine wro«.o««, would engage to enter into a close alliance with the House of Austria and would make proper submission, he should be placed in possession of a'not contemptible' part of the lands formerly held by his father. Anything further must be the subject of direct negotiation with the King of England.  Did Charles really mean to accept such terres as these? Was the influence of the Palatine House, whatever it might be, r«. to be thrown into the scale of Spain and the Em- u,,d to peror ? lVas the new ship-money fleet to be employed go to Ger- -y. in an unjustifiable war with France for a simply dy- nastic object? Charles could hot make up his mind. He had now tvo nephews by his side pleading with him to treat the Emperor's overtures with contempt, as Rupert, ardent and boisterous, had corne to join his more sedate elder brother. x8 5, xg, Dec 3  Taylor to Windebank, Nov. 8' Dec. -- . The Emperor's xS 9, Jan. a " Answer, lan. 4 Taylor to Cottington, Jan. L° Clar. S. P. i. 369, 373» . -" 30 375, 394, 434, 432. Taylor to Coke, .lan- 6' L6 S. '. Germany. U4 Clar. S. /. i. 46I. s The Emperor's answer, Feb. a' 1o2 TItE SECO-hrD WIIT OF ','HIP-,][OOEE Y. CH. LXXVII. Charles was half-inclined to thinI that they were in the right ; but in the end he resolved to send a more formal embassy to Vienna to obtain a definite resolution from the Emperor, and he selected the stately Arundel for the task. Uncertain as Cha,es was as to the use to which the new fleet was tobe put, he had no hesitation in enforcing the pay- ment of the ship-money by which it was to be Payment of »hip«nony equipped. At the end of January IIg,oooL had enfor««d, been paid. At the end of Match the sure received amounted to I56,ooo/. ;  but there were still considerable ar- rears, and even this amount had not been gathered without Difficulties difficulty. On February ii, for instance, Sir Peter in Oxford- Wentworth had collected 1,6ooL in Oxfordshire, sbire leaving 1,9ooL unpaid. Failing to get assistance from the constables he had been compelled to make the assass- inent himself. - Sir Francis Norris, who succeeded him as sheriff, found that in some parts of the county the assessments had still to be ruade. Warrants were snt to the incumbents of the parishes, to the churchwardens, overseers, and constables, calling on them to produce their books. They utterly refused to do anything ofthe kind ; and the Council, true to its policy of throwing all responsibility on the sheriff, ordered Norris sharply to make the assessment by his own officers, sending the refrac- tory constablesto the Council to answer for themselves. Even when the assessments had been ruade, resistance did not corne to an end. At Stoke Newington the constable and another of the inhabitants wrote to the sheriff that no money should be gathered in the parish till he informed them of some law or stature binding them thereto. It was a brave answer ; but the two men had hot the courage to deliver it themselves. They sent their letter by the hands of a poor tailor. Norris, goaded past endurance, seized upon the unlucky naessenger and sent him to London. There he remained in prison for some time, protesting, probably in all sincerity, that he was entir!y ignorant of the contents of the letter with which he  s. 19. Dom. cccxii. 76, ccxvii. 41. "-' Receipt, Feb. I. Wentworth to the Council, Feb. z, ibid. cccxiii. $9, 93" I636 .,4SSESSzlIENT OF SItIP-M'ONE I". o3 had been emrusted. The Privy Council did not hold that the seizure of the tailor excused the sherlff. Nor were . ,oril. they influenced b)" his assurances that the resistance was stirred up by persons of high quality in the county. They replied that if such were the case those persons ought to be called to account. It was Norris's business to make the assess- men.t, beginning with men of the highest tank. If the incum- bents or churchwardens refused to show their books, they might be required to enter into bonds to appear before the Council, and if they refused to do this they might be COlmnitted to prison. If, as frequently happened, no one could lIay, be found in the county willing to buy cattle taken by distraint from those who refused to pay, the animals were to be sent to I,ondon to be sold by the King's officers. 1 AI1 that sheriff or Council could do, however, availed but little. Of the ,9ool. outstanding in February, only zoo/. had been collected by the end of Jnne, and at the beginning of October only an additional 2ool. had been paid.- No doubt Oxfordshire was in solne respects an exceptional county. I.ord Saye was always at hand, and, though no direct evidence is to be had, there can be little doubt that Juno G,r he encouraged the resistance. Many other counties, r«.i.ta,,c-_, however, were not llauch better disposed to sublnit. The rcgister of the Privy Council is crowded with letters urging Ch.mb« the sheriffs to do their dut3,. In London Richard appealsto Chambers, untalned by the fine and imprisonment the King's «,«h. which had been inflicted on hiln on account of his resistance to the payment of tonnage and poundage, manfully carried the question of right before the Court of King's Bench. The judges would not even allow the question to be The court  to argued. Justice Berkeley said ' that there was a rule hear him. of law and a rule of governlnent, and that many things which might not be done by the rule of law might be done by the rule of government.'" t Norris to the Councii, March I I. The Council to Norris, March 22. Return by French and Roberts, April 14. Wiilett's petition, April (?i, S. 19. Do»t. cccxv. 133 ; cccxvi. 92 ; cccxviii. 75 ; cccxix, lO8. The C,auncii to Norris, May 5, c?,tctl l.;gto, z lO«shwor'h, ii. 3a 3. to4 THE SECOND t'lIT OF SH1P-IIONE E cr. .XXVlh It was hardly possible to render a worse service to the Crown than to proclaim openly from the bench that Charles's rule was bound by no law. It had been an old maxim, even ofthe Crown lawyers, that the limits of the prerogative were subject to ar- Importn«« gument in Westminster Hall. ]3erkeley would have of the do¢- placed it in a higher sphere, bound by no restraints, trine laid down. limited by no conditions save those which the King might think right to place upon himself. The feeling that law was trodden under foot would quickly spread, and would give an imaginative force to a resistance which would be based on a higher motive than the dislike to pay a tax which had hOt been paid before. The belief quiekly spread that far more was at stake than the payment of the few pounds or the few shillings which were now exacted. "If this, » wrote D'Ewes, " could be done lawfully, then, by the same right, the King, upon the like pretence, might gather the same sum ten, twelve, or a hundred times redoubled, and so to infinite proportions to any one sbire, when and as often as he pleased ; and so no man was, in conclusion, worth anything."  Never was any reproach more ill-founded than that which has been raised against the generation which resisted ship- money, on the ground that its material comforts Justification ofthe re- were well provided for and that the burden imposed sistance. upon it was slight. In nations, as in men, a sensitive apprehension of the consequences which will follow from causes apparently unimportant is the mark of a well-de- veloped and highly strung organisation. It was beeause the English nation had learned in the course of its past history the virtues of self-reliance and perspicacity, that it was roused to indignation by an impost which was materially slight. The possibilities of future hardship, together with the present insult offered by a Government which showed no confidence in the people, and which treated them as permanently incapable of understanding their own interests, stung them to the quick. In the summer of 1636 two years had passed away since England first learned from Coventry's mouth that ship-money  D'Ewes, .4utabiograhy, ii. 3 o. 636 GRO f/IN6 .D.fSCONTEArT. o ,cas to be paid. During those years an attack upon the re- R«lgious ligion of the majority of religious Englishmen had dissatisfac- been running parallel with the attack upon their tion. property. To D'Ewes, the Puritan antiquary, as to many others, 1634 was the beginning of evils.  It is time to see what Laud had been doing in these years to alienate the Protestantism of England.  D'Ewe», Autobi%,'rat,.¥. ii. o6 CHAPTER LXX¥III. THE METROPOLITICAL VISITATION. LAUD might well lainent that there was little chance of seeing his principle of Thorough carried out in the administration of 6s. the Government. At the Queen's Court it was openly "rhorough in said that, with the single exception of the Aich Church and State. bishop, the whole Council might be bought for eo, ooo crowns. Exaggerated as the statement was, there was enough truth in it to cause sorrow to those who had the King's interest at heart. Even in Charles himself Thorough found but little place. His wishes were ail in the direction of just and equal government. But there was no self-sacrificing energy in his character, no resolute discouragement of men who were using his naine to forward their own interests. In Laud's own sphere, the energy of Thorough was hot wanting. His hand was everywhere. Rich and poor, high and low, alike fer its weight. If only his energy had been at the command of a broader intelligence, he would bave gained a naine second to none in the long list of the benefactors of the English people. The best side of Laud's character was his grand sense of the equality ofmen before the law. Nothing angered him so t.«' o,-« much as the claire of a great man to escape a penalty ofequality, which would fall on others. Nothing brought him into such disfavour with the great as his refusal to admit that the punishment which had raised no outcry when it was meted out to the weak and helpless should be spared in the case ot  t'anzani's report, .,4d, L 211.5"6. 5,389, fol. 99. I634 AN ENEt?Gt? TIC ARCILBISHOP. the powerful and wealthy offender. If, as all men then be lieved, it was fitting that the village lass should expiate ber sin by standing up to do penance in a white sheet in the face of the congregation of ber parish church, why was the lord of the manor to pursue a career of profligacy unchecked ? It was Laud's misfortune that an outrage upon good order and decency roused his anger as strongly as an outrage upon morality. He heard everywhere of men slouching into church with their bats on, lolling on the benches till they fell asleep, of churchyards left unfenced, of pigs rooting on the. gaves, and of churches themselves left untended. These things he determined to remedy by the infliction of excessive penalties. Nor was he content with vindicating propriety against mere indecency and disorder. The law of the Church was to be carried out to the letter, even when it came into collision with the conscientious beliefs of the men with whom he had to deal. With hiln it was hot the heart which was to pour itself out in definite forms, but the forms which were to train and discipline the heart. /,len were to kneel at the reception of the COlnlnunion that Ihey might be taught hulnility, to bow at the utterance of the sacred naine of Jesus that they might be taught reverence. In order that his will might be felt beyond his own diocese, it was necessary that he should revive from the storehouse of a'l,eeto- bypast tilnes the right of Metropolitical Visitation ç,,,li,ical which had been exercised by his predecessors before si,ation. the Reformation. Once in the time of his occupation of the archiepiscopal see he was to appear in person or by deputy in every diocese of his province, to take a survey of the state of ecclesiastical discipline, and to carry out the reforlns which were needed to bring the Church and the clergy into accordance with the law of the Church. Like the levy of ship-money, Laud's claire rested on pre- cedents of undoubted antiquity. Like ship-money, too, it con- tained the germs of a great revolution. It reduced Relation t,,,ee, the the episcopate to a subordinate position. No doubt archbishops a,,d the the bishops had been subordinate to Elizabeth. But bishops, there was an immense difference between submission to a queen delicately sensitive to the urrcnts of lay opinion, Io8 THE [ETROPOLITIC,4L VISIT,4TION. CH. LXXVIII, and submission to an Archbishop who treated lay opinion with disdain. For three years, beginning with i634, Sir Nathaniel Brent, Laud's Vicar-General, went through the length and breadth of rent' England south of the Trent, calling the clergy and tr,,gre», the churchwardens to account, correcting disorders, and, at the worst, ordering the prosecution of the offenders in the Court of High Commission. The answer made by members of the Chapter of Salisbury Cathedral may serve as an example of the ordinary irregularities Visitation of into which corporate bodies are apt to fall for want 8alisbury. of adequate supervision. They acknowledged that they had often neglected to preach in the cathedral, as they were bound by their rules to do ; that they were frequently ab- sent from their duties, without any diminution of the revenue assigned them on condition of residence ; that they usually presented themselves to such benefices in their gift as fell vacant, and that one of their number had sold such a benefice for 7oL ; that the choristers had not been well instructed in singing; that in the churchyard there were some houses and sheds which had long been there, though their gardens had recently been extended at the expense of the churchyard ; and that of late years the church had been pestered with movable seats by which many were prevented from hearing, and the preacher was troubled with the noise of persons coming into them, whilst there were some fixed seats, not uniform in height, by which 'the beauty of the church' was 'much blemished.' There were further and more special complaints that the orna- ments of the altar were deficient, and that the clergy did hot wear their square caps. 1 A few extracts from Brent's report to the Archbishop in 1635 will serve to display still further the character of the Visitation. "At Norwich," he writes, "the cathedral Brent's reports, church is much out of order. The hangings of the riorwich, choir are naught, the pavement not good, the spire of the steeple is quite down, the copes are fair but want  Itouse of Lords MSS., Hist. 3ISS. Commi4sion, iv. 128. 163 s BR.ENT'S REPORT. Io9 mending, q.'he churchyard is very ill kept ; . . . there is like- wise a window that letteth smoke and casteth iii savour into the north side of the church. Many ministers appeared without priests' cloaks, and some of them are suspected of noncon- formity, but they carried themselves so warily that nothing could then be proved against them. The mayor and his brethren came not to visit me at my coming in. Afterwards I convented them for walking indecently in the cathedval church in prayer rime before the sermon, and I admonished them to forbear for the future, and an act was ruade of it in their presence. After this they visited me often, and gave me ample satisfaction for their former neglect, protesting that they wiil always be ready to desire your Grace's good opinion of them." At Swaffham there were few Puritans, 'but much s,,'.am, drunkenness, accompanied with ail such vices as usually do attend upon it.' At Lynn, 'since the Lynn. Court of High Commission took in hand some of their schismatics, few of that fiery spirit' remained there or in the parts thereabout ; but there were divers Papists who spoke 'scandalously of the Scriptures and of our religion.' The three churches were well kept, except that at St. Margaret's ' the communion-table wanted a rail, and at the upper end of the choir, instead of divine sentences of Scriptures, divers sayings out of the Fathers were painted.' In these parts 'divers parsonage-houses had been ruined and much glebe land' was 'embezzled.' At Fakenham an excommunicated Fakenham. vicar continued to officiate, and many parsonage- houses were in a ruinous state. At Yarmouth, where 'aoutl. there had been much contention about Çhurch matters, the town was quiet, and the chief persons promised 'absolute obedience to the laws of the Çhurch.' The magis- trates, however, desired a lecturer, but objected to leave the choice of one to the Archbishop. At Bungay one of the churches was 'ruinous.' The Curate of Rumborough 'was charged with divers points of inconformity,' but ' renounced ail upon his oath, and' promised to read the Declaration of Sports. ' Mr. Daines, lecturer at Beccles, a man of more than seventy )ears of age, did never wear the surpli, ce nor use the cro3s in o THE 2IETROPOL[T[CAL VISITATION. cH. LXXV, baptism.' Brent was ' told that all the bishops there had tolerated him, because he' was ' a very quiet and honest man.' He now 'promised reformaton.' At Ipswich 13rent Ipswich. was received by the magistrates with great solemnity. "The town," he wrote, "is exceeding factious, and yet the better sort are conformable in. a reasonable good measure. I ordered many things in the churches and churchyards. I suspended one Mr. Cave, a precise lninister of St. Helen's, for giving the sacrament of the Eucharist to non-kneelants. I excommunicated divers churchwardens in that town who were so preci.", • that they would not take their oath ; but afterwards they all submitted, with protestation to reform their opinions, and many do believe that a good reformation will follow. I hear that in these parts there are son'le that do teach that none bave right to the creatures but the godly. But those who complained either could not or would not tell their names. There is but one hospital in this town, and that very well governed." At Stamford  the church was 'not well Stamford. kept, but the minister and people very conformable. The ministers Were generally in priests' cloaks, and they, with the laity, were all the time of divine service uncovered, and still bowed at the pronouncing of the blessed naine of Jesus.' At Ound|e the schoolmaster was admonished ' for instructing his scholars out of a wrong catechism, and for expounding the Ten Commandments unto theln out of the writings of a silenced minister.' He also refused 'to bow at the name of Jesus.' Order was therefore 'taken for his suspension in case' of his persistent refusal. It is needless to peruse ]3rentes diary further. Everywhere the care for the materia! fabrics of the churches is mixed up with the care for conform;ty. Other documents of lni:ries to C«h the time reveal much the saine state of things as that v°P«Y" which confronts us in the report of the Vicar-General. Sometimes there were cases of direct spoliation of Church property. At Wimborne, for instance, where 5oo/. a year had been assigned by Queen Elizabeth for the maintenance of the * It was here that Vicars had given offence. See Vol. /II. p. a53- I635 B.RENT'X. REPOR T.  ! Grammar Sehool, only Æ56L was paid, the remainder being fraudulently appropriated by the governors. At Louth, of an income of 400/. a year belonging to the Free School, the school- toaster received no more than 2oL At Saxby, Lord Castleton's bailiff was found using the middle iisle of the church as a place for melting the lead which he had stripped from the roof. Some of this lead ran through the floor into a coffin beleath. In order to tecover the metal, the bailiff took up the floor and burnt the coffin, together with the corpse which it contained. " In the North, one Robert Brandling, being charged with aduheries, incest, and other impious profanations, turned the key of the church door upon the Ecclesiastical Court convened to try him, and kept the members of it close prisoners till he chose to let them out. 3 " After this it is little to hear that the Buckinghamshire gentry, John Hampden amongst them, se- lected the churchyards as the fittest places in.which to muster the trained bands of the county. 4 Such cases as these offer no difficulty. If Laud had con- finett himself to taking care that the outward fabrics and the property of the Church were treated with respect, and that both clergy and laity abstained from embezzling money entrusted to them for definite purposes, he ,a, ould have met with no oppo- sition of which he need have been afraid. It was more difficult to know how to deal with clerical non- conformity. Many instances which corne before us are mere Various cases of brawling. Dr. Dennison, for instance, the aspects.of Curate of St. Catharine Cree, was accustomed to noncon- formity, enliven his serinons by personal abuse of his pa- rishioners, comparing them to 'frogs, hogs, dogs, and devils.' Anthony Lapthorne, Rector of Tretire in Herefordshire, seldom read the Iatany except in Lent, and when he reached the Psalms or the Lessons would go up at once into the pulpit,  State of the school of Wimborne, June 22, 635, & /. Dom. dcxci. 28. z Note by the Chancellor of Lincoln, July 4, 1634, ibtd, c¢lxxL ".  Morton to Windehank, May 24, 1634, ..ibid. cclxviii. 63. "  Brent to Farmery, Oct. 27, 634, ibid. cclxxvi. 3. •  TH IETIOPOLITIC]L VISITe]TIOn: c. Lxxv. omitting the rest of the service. In his sermon he frequently reviled some of his congregation in the presence of strangers whom he had invited to hear him, and whom he asked to assist him in praying out the devils with which his own parishioners were possessed. He spoke of the clergy generally in disre- spectful terres, and those of his own neighbourhood he called idle shepherds, dumb dogs, and soul-murderers. Francis Abbot, vicar of Poslingford in Suffolk, broke off the service to bring a form from the end of the church, and pulled three men violently off it. He was accustomed to point to someone or another of his congregation whenever he mentioned any particular sin. At Brigstock in Northamptonshlre, a clergyman named Price scarcely ever read the Litany or the Command- ments. In reading the Scriptures he omitted the naine of Jesus, lest the people should take occasion to bow. IIe left infants unbaptized, and administered the communion to persons sitting. He refused to read the Declaration of Sports, stopping his ears whilst it was being read by the clerk. He locked the door upon his congregation, and kept them in chur«h to hear him preach till dark.  John Workman, a lecturer at Gloucester, preached that every step taken in dancing was a step towards hell; that it was little better than fiat idolatry to possess the picture of the Saviour ; that the election of ministers properly belonged to the people ; that drunkards and debauchees who conformed were thought capable of ecclesiastical promotion, whilst others of higher merits were passed by. s It is plain from these instances that Laud would have no difficulty in finding objects for the exercise of his reforming zeaI. Unrestricted licence to the clergyman to select VIo,f,,a what praycrs he chooses, and to use what language Laud's inter. f,ec« j,s. he chooses in the pulpit, is sheer tyranny over his tified? congregation, as long as that congregation is coin pdled by law to attend upon his ministrations, and is also debarred by law from cxercising any restraint upon his words t High Commission Act Book, S..P..Dont. cclxi. 83, t2t, 282 b, ¢clxxx. 54. "-" Ibid. cclxi. o6. For refutation of the ordlnaty bclief that the High Commission suspendcd and deprived clergymen in shoals, see the Appeadix. 1634 £4 UD'S LEG4L[TY. I 3 and actions. It might be a question whether the whole eccle- siastical constitution ought to be changed or hOt, just as it might be a question whether the whole political constitution ought to be changed or hOt; but as long as either existed it was the plain dut), of archbishop or king to see that the general interests of the people were hOt sacrificed to the self-will of persons in office in Church or State. Yet even if Laud had done no more than to put a stop to exhibitions of rudeness or ill-temper, he would probably have given uunecessary offence by his refusal to recognise the legitimacy of the maintenance of the opinion froln which this uniustifiable coarseness of ex- pression sometilnes sprung. He was on still more dangerous ground in striking at practices which si»rang hot merely from the subversive Puritanism which aimed at the abolition of existing institutions, but at those which symbolised the Pro- testantism which was dear to the heart of the nation. In so doing he brought hilnself into collision hOt merely with a special form of doctrine, but with that instinctive conservatisln which clings to habits of action, and which bitterly resents sudden aud abrupt interference with usage, whether it cornes in the shape of prelnatxre anticipation of the nev, or of antiquarian reproduc- tion of the old. Laud's enormous mistake was that he took uo account whatever of this conservative feeling. He appealed in all Hedespis things to the law, and to the law alone. It was tl,e «on,- nothing to him that the law had been dravn up hall vative in- stinct,  century or a century before, at a rime wheu the temper of men's minds was very different frOln what it had become in his own da),. In his reasonable dislike of a system whch would take the mere self-'ill of a population, His super- stitious its ignorance, its avarice, and its irreverence as the «othh,. basis of government, he refused to take its wishes and habits into account at all. If the law was broken, however obsolete it might be, it was lais duty to see that it was carried out. With the best intentions of preserving the im- Difficulty of applying its partoElity of his judgment, it would be impossible for ,e. Laud to act in this way with complete impartiality. No man ever succeed-z in drawing out of the storeh.uses, of VOL. viii- l  4 THt ,]IETROPOLITICtL VISITe1 TION. cH. LXX'¢. accumulated law only thal wh[ch he finds there. He enters upon the search equipped with his own habits of thought and his own sense of the relative importance of all that he finds. He leaves much behind him, if he carries more away, and even that which he bas round is modified in passing through his mind. How could Laud himself, the least impartial of men, rail in converting the law which he vindicated into an engine of oppression ? Was he not certain to throw undue weight upon all that coincided with his own views, and to shut his eyes to all that naade against theln ? In this is probably to be round the explanation of the order which Laud gave to Brent to direct that the Colmnunion-tables should everywhere be removed to the east end of Order for the • emo,'t « the churches, and should be fenced in by a railing to the com- ,,,io- secure them against profanation. 1 The order, as tu«. Laud always prcfessed, was given for the sake of decency. Men were no lot.ger to bave the opportunity of scribbling on the table, putting ther hats on it, or sitting upon it. The legafity of the order was, however, to say the least of it, doubtful, and those who objected to it would be able to assert that it was only enforced in consequence of the personal decision ,»f the King in the case of St. Gregory's, and of the personal interference of the Archbishop  ith the ordilmry jurisdiction of the bishops. Everybody who could read the canon under which Laud issued the order could sec that a movable table was contemplated, and it was difficult to deny that if the existing praO:ice of a fixed table in the centre of the church was illegal, the new practice of a fixed table at the east end was also illegal. The question of the position of the table was of little im- portance except so fat" as it served to indicate the Significance of,he religious feelings of those who gathered round it, or -''g« of those who had authority over the worshippers. It would be impossible to choose a better symbol of the victory of » Heylyn, QLr..4@ 69. The evldence of Williams that commu- nion-tables were not usually placed at the east end in country churches bas already been given (Vol. VIL p. 8). Land himse]f says muc.h the rame .hing : ' And though it stood in most parish chm-ches the other way,  &c. Speech at the censure of tastick and others» llork«, ri. 59- x65 COM'M U.VIOA r- T./t I3LES 3101 "ED. J  5 one set of ideas over another. The table standing in the centre of the church indicates a body of worshippers who gather round it to perform only one anaongst other acts of devotion. The table standing at the east end indicates that they are to approach with special reverence an act of extraordinary importance. The one arrangement points distinctly in a Protestant, the other in a Catholic direction. Of course it would be ridiculous to deduce all the religious opposition which followed from this single change. Interference in all directions gave fise to irritation in all directions. Yet the removal of the communion-table undoubtedly gave special offence as bringing visibly home to all the conviction that Laud had entered upon a path which, as a large part of the population firmly believed, led directly to Rome--a beliefwhich was strengthened by the knowledge that though the practice of bowing towards the east upon entering a church was hot gene- rally enforced, the Archbishop favoured its introduction, and even compelled its observance where, as was the case in many cathedrals, it was enjoined either by ancient statutes handed down from the lliddle Ages, or by new statutes compiled, as happened at Canterbury, under his own directions. 1 It would be going too far to speak of the opposition roused as universal. In Elizabeth's time conformity had been a matter of theory rather than of practice, and there were The offence given hot doubtless not a few parishes which slipped quietly ui,-«rs, from the old faith to the new, and in which the table had never been moved from its original position in the chancel. In other parishes there may bave been many who, vithout wel- coming the change, did not feel called upon to express any special indignation, and there must bave been a still larger number of persons who, disliking what 'as donc, were never- theless unwilling to expose themselves to the risk of resistance to authority.  At Canterbury the rule introduced was : " Singuli veto eujuscunque fuêrint gradûs aut ordinis in ingressu chori divinam majesatem devota mente adorantes humiliter se inclinabunt versus altare (prout antiquis quarundam ecclesiarum statutis cautum novimus) et deinde conversi decano quoque debitam reverentiam exhibebant." II6 THE JIETROPOLITICtL I-'ISITtTIOV. CH. LXXVI1. In the diocese of London the change had been enforced by Laud belote his accession to the archbishopric. It is evident from the few examples which are available that the pposition raised, important as it was, was the opposition of a minority. In the parish of St. Margaret's, Lothbury, for in- stance, the change was effected by one of the churchwardens, with the consent of the majority of a hesitating Case of (haunceyat vestry.  At Ware, again, where the conduct of the watt. vicar, Charles Chauncey, had already been under ex- amination by the High Commission, the churchwardens sum- moned a meeting of the parishioners, and with the consent of the majority removed the table and railed it in. The vicar objected strongly, declared that he would never administer the communion until the table was restored to its old place, and resigned his benefice rather than break his word. The parish was rent into two factions, and the one opposed to the change invited Chauncey to return to Ware to head them ,s. against the new vicar, who had dêclared himself a follower of the Laudian school. Chauncey accepted the in- vitation, and inveighed publicly against the innovation as a snare to the conscience and an invitation to a breach of the Second Commandment. He was accordingly brought before tbe High Commission, and forced to sign a humble form of regret for his behaviour, including an acknowledgment that he was now persuaded that kneeling at the reception of the Com- munion was a lawful and commendable gesture, and that the rail round the table at Ware was a decent and convenient ornament.  It was not always that the majority of the parishioners could be induced to concur in making the change. Bishop Pierce of Bath and Wells, who had led the attack upon x634. c«,,f the impugners of the Somersetshire wakes, was now Beckington. foremost in the removal of the tables. The church- wardens of Beckington resolutely refused to obey, and were excommunicated by the Bishop for their refusal. They ap- t Paper read by Mr. Freshfield before the Society of An'.iquaries, March 26, t876. a itigh Commission Act Book, Nov. 6. 1635 ; Feb. , 1636 , 19om. cclxi. 29 b, cccxxiv. 5- Prynne, gant. L)oom, 94- 636 SURMZSSION TO LA UD. pealed in vain to the Court of Arches, and a petition to Laud lot relief naturally remained without effect. A petition to x636" the King was equally fruitless. The churchwardens ,637. were thrown into prison as excommunicated persons. There they remained for a year, and were only released on engaging to acknowledge publicly in Beckington church, and in two other churches of the diocese, that they had grievously offended the Divine Majesty of Almighty God and the laws ecclesiastical of the reahn. Laud had his way. Parish after parish submitted more or less willingly to his command ; but in the minds of thousands of peaceful law-abiding men there grew up an Laud's ,à.go during sense of wrong- a fixed belief that, as in the victory. case of ship-money, that was being promulgated as law which was not law, and that, under the cloak of providing for decency, an effort was being ruade to bring England back, as soon as an opportunity occurred, Ieneath the Papal yoke. These men might be but a minority anaongst the population, but they were an energetic and intelligent minority, and they would soon be reinforced by those who cared little for religiou changes, but who on various grounds objected to the paylnent of ship-money. A combination between those who are in earnest about preserving their accustomed forms of vorship, and those who are in earnest about keeping their money in their pockets, is one which no Government can afford to despise. Great as was the offence which Laud gave by strictness in enforcing the one-sided interpretation of the law which, in his 634. eyes, stood in the place of the law itself, he perhaps rIi u,,ym- gave quite as much offence by the hard and unsym- pathising t« pathising temper with which he approached those whose views of lire differed from his own. Without geniality himself he could not appreciate geniality in others, and he required that all men should so frame their speech as to avoid shattering that delicate framework of ceremony and discipline over which he was so anxiously watching. The principle from which he started, of allowing freedom of thought without free-  Prynne, Cant. Doom» I8 THE IETI'¢OPOLITICtL UISITtTIOW. cH. LXXVII[. dom of speech, was bearing its bitter fruits. Speech was bursting forth on every side, no longer against an abstract theological doctrine, but against the very edifice which he was building up, and which threatened to catch tire on every side belote he could tread oat the sparks by which it was en- dangered. No better evidence can be round of the real weakness of Laud's position than his treatment of Samuel Ward of Ipswich. Placed for many years in a county distinguished by Samuel Ward, of its strong Puritan leanings, Ward had gained the ear ]pswich. Of his fellow-townsmen by his earnestness and sin- cerity as well as by his excellence as a preacher. He declared the Puritan gospel, but he was content to accept the Prayer- book as it stod, and was thoroughly loyal to the institutions 66. of his country in Church and State. Even in the qisloyaty. midst of the violent outcry against Buckingham which was ahnost universal in the first years of the reign, he preserved his respect for the King's minister, and was able to declare with a sale conscience that 'in the midst of vulgar rumours' he had ' prayed heartily for his prosperity.'  Laud's proceedings in the diocese of London gave the first shock to Ward's feelings. The strict inquiry into the observ- ance of forms without a corresponding interest in 633- f«lng the manifestations of spiritual life seemed to him of changes, evil augury. In x633 we hear of Vard's ' melancholy fits';* whilst he is charged by an adversary with preaching against set forms of prayer, and with suggesting to ,6«. his congregation the possibility of an alteration of religion.  The charge, as would appear from subsequent pro- ceedings, was wholly or in part exaggerated, and it is possible that a desire to clear himself from these imputations may have had something to do with the fact that he undertook about this time the prosecution before the High Commission of three persons charged with antinomian opinions.  If so the penalty * Ward to Nicholas, Oct. 1626, S. Z'. Z)om. xxxviii. 20. * Peters to Phelips, June 26, 1633, ibid. ccxii. 52. -* Dod to Laud, Feb. 4, 634, ibid. cclx. 7- * High Commission Act Book, Oct. 3 o, 634, S. t , Dom. cclxii. o. I634 I"MRD OF IPSH'ICH. 9 for his offence followed sharply on its commission. In No- r«»,e-r. vember x634 he was summoned before the Council, He is prose- and that body ordered proceedings to be taken against cuted in the l.ig.h Coin- him in the High Commission.  ms,,,. Passages culled by hostile eagerness from a series of serinons spread over a long course of years, and related froln memory, might easily he brought to show that Ward was hostile to the existing system, and even that he inspirited his hearers fo stand on their defence against it. But it was not proved that he had committed any open breach of the canons of the Church. He had, indeed, argued that extempore prayer was lawful, but he had acknow[edged that set forms of prayer were also lawful, though he had shown that he thought that ex- tempore prayers were better than those which were read out of a book. It was impossible, he had said, for anyone to carry about with him a manual of prayer which would be suitable for all occasions. He had even declared that a parrot might be instructed to repeat set forms, and that an ape might be taught to bow and gesticulate. Then had corne an expression of belief that the Church was ready to ring the changes in matter of discipline. There had been more of the saine sort, and though he denied that his words were correctly reported, or that even when correctly reported, they were incapable of a favourable explanation, there can be no doubt that he had used expressions derogatory to the ceremonial worship which was being imposed upon the Church.  As he refused to acknowledge the truth of the charges against him in the form laid down for him to sign, though he was willing to admit that the Court was justified in ,VardOs sentencing him by the evidence before it, he was sent e,« to prison as contumacious. His congregation, hav- ing received froln the bishop of the diocese permiss'.'on to ap- point a minister in his place, refused for some time to take advantage of the privilege, and after his death in I64 o, con- tinued to his widow and eldest son the payment which they had been aczustomed to make to himself.  C.unci! Regisler, Nov. 7. High Commission Act Book, S. t . Dom. cclxi. 24 b. * The papers relating to this case have been printed in the Preface of I,ruce's Ca«e,tdar of Z)omestic State l'aiers , I635-6. j'2_o TH.t? 3IETIOPOLITICA L I/'I.5"ITA TIOA: CH. LXXVIII The proceedings against Ward are of special interest as in- àicating the limit to which the Court of High Commission was 1,npo,tanc« prepared to go. No one who has studied its records o«thecase, will speak of it as a barbarous or even as a cruel tribunal. Ifs chief characteristic was its fixity of aire, and the resoluteness with which disobedience to its orders was over- conte, though not without considerable moderation in the treatment of individual offenders who showed an inclination to give way before the pressure put upon them. It now ap- peared that the court of which I.aud was the soul would not be content with obedience. At least in public there must be no criticism of the system which it imposed upon the clergy. Such a result was but the logical consequence of Laud's con- ception of a Church. If the living spiritual forces moving in the hearts of men were not to be taken into account, a clergy- man could no more be permitted to call in question the rules under which he l.ived than a colonel can be permitted to call in question the regulations of the army in the face of his regi- ment. It was because tlfis conception was in itself a false one, hOt because the mode in which it was carried out was harsh and tyrannical, that Laud went astray. His system left no place for the infinite varieties of the human naind, and looked with horror upon the irregular action of individual life. The pulsations of the religious heart of England were too vigorous to be thus controlled. They called for a forll of discipline more flexible, and less restricted to the expression of a single mood. Orderly freedom of speech and thought was the onlv remedy for the disease from which the English Church was suffering, and unfortunately Laud was never able to compte- hend that freedom was more tl-.an another naine for disorder. Such a man, in such a position, needed to be constantly on the watch. The edifice which he was rearing was of so artificial a character that he dared not withdraw his I634- The foreign eye from it for an instant. He had recently brought C,r«,«s. his authority to bear on the Presbyterianism of Eng- lish merchants and English soldiers residing in the Netherlands, lest the contamination should spread to their native country. He now brought his authority to bear on foreigners resident in 1634 ,FOtdEIGA" COA'GIEGA TIO2VS. England. Elizabeth had ruade no scruple ilt permitting the industrious French and Dutch refugees who flcd from the axe and faggot to worship God in their own language and in their own fashion, and neither she nor James had interfercd with their children because thcy continued to use the form of prayer to which their fathers had been accustolned in the land of their birth. Laud thought otherwise. He almounced indeed his intention of permitting those persons who had been born abroad to continue to pr in their own language in churches of their own, provided that they consented to elnploy a trans- lation of the English Prayer-book ; but he held that thcir sons and daughters, born in England, were clearly English, and he announced to them that they would be expected to attend the parish church. 1 In vain the Englishmen alnongst whonl these children of a foreign race were settled pleaded earnestly in their favour. In vain they themselves petitioned for mercy, z Their deputies applied to Pembroke to adroit them to the presence of the King, that they might assure him of 6». their loyalty. Pembroke, Lord Chamberlain as he was, did not venture to introduce them to the Royal presence, and they were obliged to content thelnselves with offering their petition to Charles on his way from chapel. The King took the petition, and handed it to Pembroke. AIl that was gained was the revocation of the order for the use of the English Prayer-book so far as those were concerned who had been born abroad. No excuse was admitted on behalf of those who vere born in England.  Few governments would fall if they contented themselve» with attacking onlv the devoted and the intelligent. General irritation But it is seldom that a go,ernlnent sufficiently blind caused by aa' po- to throw itself athwart the aires of the devoted and ««':g" intelligent is clearsighted enough to spare the weak- ness and prejudices of the lnass of nmnkind. It is possible  Minute of proceedings at Canterbury, Dec. I9, 1634, S. cclxxvfii. 63.  Prynne, Cant. Z)oo», 403. a Heylyn, Cer. AngL 263. loachimi to the States-General, Feb. - Add. «J/SS. 7,677 O, fol. 287. Sommer to Dell, April eclxxxvi. 8 5. 22 7"HF cille TIOPOLITIdL4L VISITA TIO.V. CH. LXXVII[. that Laud might have carried his point of reducing the clergy to discipline if he had left the laity alone. Itis possible that he might have succeeded in lneting out eq.ual law to the rich and poor if he had left the Puritan clergy to worship according to their conscience. As it was, he irritated ail classes in turn. .ttituae or More especially were the country gentlelnen annoyed the zrgy. by the attitude of superiority assumed by the clergy. Hitherto the rector or the vicar of the parish had not ventured to hold up his head in the presence of the county familles. It was well for him if they did not cheat him of his rights, en- croach upon his income, or deprive him of the means of main- taining his church in repair. The clergylnan of the parish now round himself exalted to a dignity to which he had been un- accustomed. He was the guardian of the morals of his parish, whose business it was to enforce ecclesiastical rules on the laity, to see that they did hot eat meat in Lent without a certificate, nor send their carts across the churchyard. In any difference between the clergyman and the squire, the clergyman knew that he was certain of a favourable hearing with the archbishop, and that there would be a presumption at Whitehall that he was in the right and his opponent in the wrong. When the Government needed information upon which it could depend, it was increasingly in the habit of applying to the bishop or the rector, and of framing its action in conformity with the information which it thus obtained. The country gentle- men had long been ruade to feel that they were overshadowed by the officers of the Crown. They were now ruade to feel that they were overshadowed by the incumbents of their own parishes. The feeling thus engendered served to intensif)" the morti- fication caused by the impartial strictness of the Ecclesiastical C, entlemen Courts. Clarendon's description of Laud tells but b«or«t part of the truth, as he shrinks from admitting that IJjg.h Co,n- r,o,, the Archbishop's unpopularity arose in any way from his antagonisln to men of high re]igious principle. But as far as it goes, itis drawn from the life. " He did court persons too little," wrote Clarendon, "nor cared to make his designs and purposes appear as candid 1 as they were, by shewing : .¢. as white or pure. 1o35 LA UD'S SE«VSE OF EQUMLITY. 23 them in any other dress than their own natural beauty and roughness ; and did not consider enough vhat men said, or were like to say of him. If the faults and vices were fit to be looked into and discovered, let the persons be who they wouid that were guilty of them, they were sure to find no connivance or favour from hiln. He intended the discipline of the Church should be felt as well as spoken of, and that it should be ap- 1,1ied to the greatest and most splendid transgressors, as well as to the punishment of snmller offences and meaner offenders ; and thereupon called for or cherished the discovery of those who were not careful to cover their own iniquities, thinklr, g they were above the reach of other men, or their power or to chastise. Persons of honour and great quality, of the Curt and of the country, were every day cited into the High Com- lnission Court upon the faine of their incontinence or other scandal in their lires, and vere there prosecuted to their shame and punishment ; and as the shame--which they called the insolent triumph upon their degree and quality, and levelhng theln with the common people--was never forgotten, but watched for revenge, so the fines imposed were the more questioned and repined against, because they were assigned to the rebuilding and repairing St. Paul's Church, and thought therefore tobe the more severely imposed and less compasslon- ately reduced and excused."  Such is CIarendon's picture of a man bravely combating evil--colnbating too, alas, many things which were hot evil at all except in his own imaginauon. Other causes of dissatisfaction were at work. A book whlch issued from the press in 635 did much to strengthen the im pression left by the Archbishop's proceedings. Shel- Shelford's »i. z)i- ford's /Yve Z)iscourses  can hardly be said to bave «"'««" gone beyond the limits imposed by the Enghsh Church. But in reproving the unbecoming irreverençe Suffolk parishioners, the author spoke in words which must bave given offence to others besicles the men who brought thelr dogs into the church, discussed the price of oxen in thelr pews, and expected their servants to interrupt thelr prayers m  Clarcttdon, i. lO6.  'ive ious tztttl 1,arued iDiscotrses, Cambridge, I633. x24 T/-/E .IIETROPOLITIC.4L I'ISITATIOA r. CH. IXXVIII. order to star:d up to do them reverence as they passe& The verses prefixed by Crashaw, a young Cambridge poet who was as yet but pluming his wings for a higher flight, were full of defiant scorn of those who resisted the change which had come over the outward form of the churches. He boasts that now ' God's services no longer shall put on Pure sluttishness for pure religion, No more the hypocrite shall upright be, Because he's stilï] and w,ll confess no knee.' Crashaw had caught the tone of the book to which his verses fimned a prelude. It was better that the Suffolk boor of higher or lower degree should bow his head and bend his knee than that he should regard the church as a house built for his own recreation ; but it was not well that one who was labouring to rouse his parishioners to reverence should cast the same scorn upon those to whom the very thought was unknown, and upon those to whom the visible was but a hindrance to the uplifting of the heart in the presence of the invisible. The mischief which men like Shelford were doing can only be appreciated in turning to the reminiscences of such a man ate«sre- as Richard Baxter. Baxter distinctly asserts that till miniscences. I640 he ' knew not one Presbyterian, clergyman nor lay, and but three or four nonconforming ministers.' He de- scribes the mass of men ahnost exactly as Shelford describes them. "The generality," he says, "seemed to mind nothing seriously but the body and the world ; they went to church and would answer the parson in responds, and then go to dinner, and then to play ; they never prayed in their families, but some of them going to bed would say over the Creed, and the Lord's Prayer, and some of them Hail Mary : all the year long, not a serious word of holy things, or the life to come, that I ccuid hear of, proceeded from them. They read not the Scripture, nor any good book or catechism. Few of them could read, er had a Bible. »  Shelford's remedy for this 1 Baxter, T/w ?rue I-Zislory of Cou,oeils, 90. 655 RICHIRD Io'AA'TER 25 to inculcate outward everence in the hope that inward rever- ence would follow, and thus to draw on the soul by the study of the Bible, of good books, and by the listening to devout and godly conversation. Baxter's remedy was to quicken their souls to a higher life by telling them of the Saviour's love. In i635 Baxter was but in his twentieth year. He was the spiritual child of Sibbes, whose rmsed 2eed had, after lnany a struggle, taught him to know his life's work. To the Puritan love of logical precision he joined a flexibility of moral imagination which hindered him from seeing the world entirely through the spectacles of fallible ratiocination. He could hold the doctrine of conversion without thinking it necessary to fix the hour and the minute of the new birth, and he could hold the main Cal- vinistic theories without thinking it necessary to break even ver with the Church of which he aspired to be a minister. The description which he gives of those who were taunted as Puri- tans was doubtless a fair description of himself. "The other sort," he says, "were such as had their consciences awakened to some regard of God and their everlasting state ; and accord- ing to the various measures of their understanding, did speak rmd live as serious in the Christian faith, and would much en- quire what was duty and what was sin, and how to please God and to make sure of salvation ; and ruade this their business and interest, as the rest did the world .... They used to pray in their tamilies, and alone; some on the book, and some without ; they would not swear nor ourse, nor take God's naine lightly. They feared ail known sin. They would go to th.e next parish church to hear a ser.,on when they had none at their own ; would read the Scripture on the Lord's day when others were playing. There were, where I lived, about the number of two or three families in twenty ; and these by the rest were called .Puritans, and derided as hypocrites and pre- cisians, that would take upon them to be holy ; and especially if they told anyone of his swearing, drunkenness, or ungodli- ness, they were ruade the common scorn. Yet not one of many of them ever scrupled conformity to bishops, liturgy, or cere- monies, and it was godly conformable ministers that they went from home to hear ; and these ministers being the ab.lest ,z6 THE 3IETROPOL1T1CAL VISITATION. CH. LXXWn. preachers, and of more serious piety, were also the objects of the vulgar obloquy as Puritans and precisians themselves, and accordingly spoke against by many of their tribe, and envied for being preferred by godly men." 1 In throwing scorn upon such men as these the Laudian clergy were but echoing the voices of the profligate and thought- less crowd. It was by the mocking gibes of men like Shelford and Crashaw that the Puritans were alienated even more than by the removal of the communion-table or the reverential gestures of SOlne of the clergy. Men like Baxter were estranged, too, by the want of moral earnestness which often lay behind the fiercest polemical display. At the end of ,634 , a few months after the execution ofthe Star Chamber sentence upon x634. .,e,-.t Prynne, he found hilnself at Charles's Court. He c«,t, had colne thither in hopes of preferment, being urged by his parents to seek some more ambitious walk of life than that of a lninister. For a lnonth he remained in the house cf Sir Henry Herbert, the Master of the Revels. "But," he says, "I had quickly enough o[ the Court ; when I saw a stage-play instead of a sermon on the Lord's days in the afternoon, and saw what course was there in fashion, and heard little preaching but what was as to one part against thê Puritans, I was glad to be gone."  After his return home came his first questionin£:s about con- formity. "Till this time," he writes, "I was satisfied in the lnatter of conforlnity ; whilst I was young I had never x635. First ques- been acquainted with any that were against it, or that tionings about questioned it. I had joined with the Commola conformity, l'rayer with as hearty fervency as after I did with other prayers. As long as I had no prejudice against it, 1 had no stop in my devotions from any of its imperfections. At last, at about twenty years of age, I became acquainted with Mr. Silnmonds, Mr. Cradock, and other very zealous godly nonconformists in Shrewsbury and the adjoining parts, whose fervent prayers and savoury conference and holy lives did profit me much ; and when I understood they were people prosecuted by the bishops, I found much prejudice arise in my a Il#tory of Councils, 9*. * Lire, , I. I635 A WTttOW Y S TAFFOID. 127 heart against those that perseculed them, and thought those that silenced and troubled such men could hot be the genuine followers of the Lord of love."  If Shelford but interpreted one side of the teaching of his Church, Anthony Sta,fford went far beyond it. His Female Stafford's Glory was a biogral)hy of the Virgin, pieced out with »,,,z« legendary and imaginative details. To the Puritan, az,,,.y, and, it may fairly be said, to the Protestant, the book was repulsive, as ascribing honour only short of divine to a created being. Nor is it less objectionable from the selfcon- scions prudishness  of the character held up as a model of excellence beyond the reach of human imitation. The knowlcdge that such a book had passed the licenser's hands might easily minister food to the growing belief that the C«o,,-ingfea, Archbishop's energy of interference could only be of Rom. explained by a settlcd purpose of leading Englaud in chains to the feet of the Pope. The suspicion vas entirely un- founded. Laud was too serenely and ilnperturbablyassured of the strength of his own position to look elsewhere for authority and support. There were, ho'ever, others who felt less secure of their ground, and opened their ears gladly to the teaching of the emissaries of Rome. Of those who were influenced in this direction a few may have regarded the Anglican ceremonies as too bald or too stiff for purposes of devotiou ; but the greater part sought A ttractlons oftheCatho- a refuge from the burden of couscientious inquiry, ic o»iet, either because they honestly preferred peace of mind to the agitation of doubt, or because they asked for some  Lift, 3" - The word is surely justifiable in face of the passage commenting on the words of the Annunciation : "And when she saw him, she was troubled at his saying, and thought what manner of salutation that should be." It is this : " She saw herself alone with one altogether a stranger to her, whose face she neither knew nor his intent. True it is his language was smooth and even ; but as fair words as these have often proceeded from a foul heart. _qhe trembled at the salutation, thillkillg him tobe a man sub- ;ect to abhorred lust, and therefore fez_red violence." Compare this with the slowness 'ith wlfich the Isabella of 31éasurefar .Ieasure discovers that she is actually in the presence of a telnpter. ,28 THE «IETIOPOLITICAL VI'ITATIOY. cH. LXXVI[I. assurance of salvation in another world which would dispense them from the necessity of following in the ptesent lire the precepts common to all Christian churches. Nor was the English Church herself, as she appeared under ber new rulers, free from blame. Built up in the sixteenth century bymen who strove to reconcile breadth of intellectual mquiry with a conservative attachment to ancient forms and habits of thought, she was taking up in the seventeenth century, under Laud's guidance, a position altogether narrower and less sympathetic. The tendency to rational inquiry was dwindling into a contempt for the freespoken, if often ignorant, promptings of the heart. "A wise and discreet sermon," wrote Shelford, " hot ruade by every minister, but by a man of reading and discretion, right well beseemeth this holy place. Preaching is God's mouth to His people ; therefore great care must be had that it be hot abused either with false doctrines or unsavoury speeches. In this case St. Paul makes his exclamation, 'Who is sufficient for these things ?' How this is regarded, none but the learned see. Not how well, but a sermon of the vulgar is expected. ''t If the better side of the Puritan resistance was its protest against this attempt to confine teaching to a learned oligarchy holding correct opinions, the better side of the Cathol resistance was its protest against Laud's overstrained appeal to law. If there must be uniformity, why hot the uni- formity of Western Christendom rather than the t2niformity of a single nation ? If the legitimacy of forms of worship -as tobe tested by their legality, why hot try thelu by the law of centuries rather than by the recent legislation of Henry and Elizabeth? Such questioning was hard to answer, save by men in whom the broader spirit of the Reformers was living. Neither Cranmer nor Laud were men without great virtues or grave faults. But whilst Cranmer's face had been turned steadily forward towards the future, Laud's gaze was fixed m contemplation of a bygone and, to some extent, an imaginary past. A ballad of the day gives voice to the increasing feeling of  i.e. The vulgar do hot ask whether the sermon be good ; any sermon pleases them. ive Discours,'s, 3. 1635 TttE ,A'E I, V CLERG Y. Iz9 dislike with which the anti-Puritan c!ergy were regarded. The l«on new churchman of the times, it was said, wore a th: cl«rgy, cardinal's cap as broad as the wheel of a cart, and a long cassock reaching to his heels. He was so hungry that he said but a short grace in his hurry to get to his meal, and he ate so much that he cottl not say a long grace afterwards. He swore no man was predestinated, and turned away his curates if they preached twice in a day. I-le hoped to be saved by good works, but never did any ; and on Sundays he playcd at cards and dice in order to confite the formalists. He would hot call himsclf a Protestant, but only a Christian, "And come out Catholic the next edition." * The fear expressed in this line formed the keynote of the grow- ing ill-temper of the nation. It was the fault of Laud's political systeln that every conversion to the Church of Rome acquired an exaggerated importance. The King's supremacy in Chorch and State had received, with Laud's approbation, the widcst interpretation. It was by the King's authority that sweeping changes had been effected in the Church. Why might not the King's authority effect more sweeping changes still ? Though no one as )-et ventured to throw doubt on the sincerity of Charles's Protestantism, the Queen was an acknowledged Catholic, and she loved, as far as her volatile nature permitted, to forward the designs of Catholics. The late I,ord Treasurer had died a atholic, and no one knew how many of the officers of State were ready to follow his example. There was a spread- ing apprehension of danger. The English Church, it was thought, might at any time be the victim of a conspiracy carried on in the very name of the King, and there were many who believed that of such a conspiracy Laud was the prime mover. t tous's Dictry, 79- VOL. VIII. CHAPTER LXXIX. PANZANI'S MISSION. THE position of the Catholics in England had been in some respects ameliorated since Charles's accession, and more espe- ,635. cially since his quarrel with the House of Commons. Position of The payments into the exchequer which, except in the Catho- lies. the cases of a few very wealthy persons, had been fixed by law at two-thirds of the rental of a recusant landowner, were commuted for one-third, to be paid t)y ail who carne for- ward voluntarily to claim the benefit of the King's offer.1 The arrangement brought more money into the exchequer than had been brought before. The recusancy fines, which had been valued at 6,ooo/. ayear in ,6 9, were valued at o, oool. in ,635. The burden, howeve; was more generally diffused, and its incidence was therefore less oppressive on individuals. Many Catholics who had not paid before paid now, whilst some Catholics who had been heavily mulcted round thelnselves in a better position. At the saine rime a check was put upon the annoyance caused by the visits of pursuivants and spies. The petty tyranny over poorer Catholics, the seizure of household furniture from those who had neither lands nor houses, lightened, if it did hot quite corne to an end. Ostensibly there w no relaxation of the persecuting laws against the priests, but except in special cases thev ceased to be put in force, and mass was heard in secret wherever a Catholic family was de- sirous of the privilege. One circumstance ruade it difficult for the Catholic clergy  The statement er Rushworh that much less waa takeu is examined, and shown fo be incorrect, by Lingard, vil. App. III. 1635 THtï CA THOLIC CLERG Y. 31 to take full advantage of their improved position. Ever since Divisions the end of the preceding century they had been dis- amongst the united amongst themselves. On one side were the Catholic «ergs. religious orders, of which the foremost was the busy and strictly disciplined Society of Jesus. On the other side were the more loosely organised secular clergy. At the end of James's reign the secular clergy had obtained from the Pope the appointment of a bishop to subject ail the clerow in Eng- land to a uniform discipline. William 13ishop first, and then William Smith, were appointed to the office, with the title of ]3ishops of Chalcedon. So bitter was the hostility of the Jes,fits that they did hot scruple to inform the Governmert x629, Bnlshmt of both these nominations.* Two proclamations, ont ofthe ]3ishop . oCh«- m 6z8 the other in 6z9, commanded the banish- dol'l. ment of Bishop Smith. For two years he remained hidden in the bouse of the French ambassador, receiving visits from the Catholics who came to see him. ]3y the end of that time the pressure put on him by the Jesuits had ruade his posi- i,. tion untenable. In 63I they circulated a petition to The Jesults the Pope ngainst him, which they persuadcd a large drive him w-y. number of the Catholic nobility and gentry to sign. If the secular priests are to be trusted, the Jesuits used the most nefarious means to accomplish their object. Many signa- tures to the petition were al:solutely forged by them. Others were obtained by misstatements of every kind.  The Jesuits a.sserted that if a bishop were allowed to establish himself in England he would set up a jurisdiction of the most galling description, would take from the laity their confessors, and meddle with their private affairs. This petition was entrusted to Coloma, and soon afterwards the attempt to establish episcopal jurisdiction was abandoned. The natural desire of the Catholics to spread their religious a' O,' belief found support in the Queen. Her chapel in chapel. Somerset House was open to all who chose to visit it, and though restrictions were occasionally placed by the ! This appears with respect to Bîshop from Lingard, vil. Note K IV K, and with regard to Smith from Panzani's Relation. l,td. [.S'S. 5,389, fol. 99.  These statements were brought to Panzani. K J32 PANZAWI'S AIISSIOW. CH. LXXlX. Government upon the access of wisitors, she had always sufiï- tient influence over her husband to obtain their removal. The Capuchins who officiated in the chapel were unwearied in visit- ing the sick, and in carrying the consolations of their religion to those who accepted their ministrations, and their zeal often rewarded by conversions from Protestantism. Ail this, though shocking in the eyes of contemporary Pro- testants, has nothing to call for reprobation. The special danger which had made toleration impossible for Elizabeth Number of tCtho- had passed away. The Catholics were reckoned by ic». those who had the best means of judging at about 5o,ooo, in the midst of a population of perhaps somewhat less than 3,000,000. The advantage of moral and intellectua! • rh&,or-q energ, y was also on the side of Protestantism, un- pos,tion, less its temper had been softened and its strength relaxed by the Laudian discipline. Even after making every allowance for the hostile medium through which our know- ledge is obtained, it cannot be doubted that the discord between the Jesuits and the secular priests worked ill for the moralitv of their flocks. Itis from Catholic lips that we lcam that the rules relating to marriage laid down by the rival fathers were hope- lessly inconsistent with one another, and that one side would treat a marriage as invalid which had been pronounced valid by the other. 1 Scandal was given by the light behaviour of young priests in their intercourse with women. Itis no less clear that a large proportion of the conversions made were utterly worth- less. Many a nobleman was accustomed to keep in his house a Catholic priest to reconcile him on his death-bed, as Portland had been reconciled,--a practice which the more honest priests stigmatised as disgraceful, but which was the result of attributing to an act donc on a death-bed a magical efficacy to wipe away the iniquity of a whole lire. =  Panzani's letter, Feb. o I635, R. O. Transcripts. March  Compare Panzani's rejoicing that in mm:y cases the scheme br-ke down by death anticipating the arrival of a priest, with the bland satisf:,.c- tien of Father Cyprian de Gamache at Portland's reconciliation, in ad 7ï,)es, il. 33 I. * 634 CttA RZES A A'D PAfi'ZA fi'I.  33 The real danger arose hOt from the Catholic clergy, but fiom the Government. Everywhere men were being taught that it Da.ger ap- was their duty to submit to the King. They saw prac- «romPrehn««th« tices and customs everywhere enjoined upon them Coin. of which they had known nothing before, and they began to suspect that some deeper motive was in existence than reached their ears. They knew that language which had been unheard in the reign of Elizabeth was freely use& The clergy talked of priests and altars, sometimes of auricular confession and of honours to be paid to saints. The inference--hasty it may be, but natural enough--was that there was a deep plot to wean the nation from its Protestantism. Charles had need to walk warily. Unluckily for him, he did Charles hot perceive the danger which he was running. He thinkshecan fancied that he could make use of the Pope for his make use of t. pop. own objects, just as he fancied that he could make use of the kings of France and Spain. His first object was to obtain from the Pope a permission for his Catholic subjects to take the oath of allegiance. In Decem- ,%4. ber 634, Gregorio Panzani, a priest of the Oratory, bec" *" had arrived in England with a special mission from Arrival of Panzani. Rome to settle the disputes amongst the Catholics, and to obtain frorn Charles, through the influence of the Queen, an alleviation of their situation. Charles, who would not openly receive him, appointed Windebank to hear what he had to say, and especially to ask that something might be done about the oath. Panzani had every reason to be satisfied with Windebank. Morally and intellectually timid, the Secretary was thoroughly ,6s. alarmed at the progress of Puritanism, and looked January. anxiously about for a shelter against the storm, of Panzani and Windebank. which he could avail himself without an absolute surrender of all the ideas which he had imbibed in his child- hood and youth. By the side of Portland and Cottington he shows to advantage. If he was a weak man, he was hOt with- out a certain honesty of purpose, and if he missed the way in  . O. Transcrits.  Panzoni's 1errer, Jan.  34 PANZA2VI'S [ISS'IO.V. cI«. LxxIx. his searchings after truth, it was at least truth that he sought, and not pelf in this world or exemption from punishment in the other. Itis easy to understand how this honesty of purpose had commended him to Laud, and how his hesitation and general weakness drew him iuto courses of which Laud could hOt approve. Panzani and Windebank had hot often met before they began to talk of other things besides the oath of allegiance. In x634, Christopher Davenport, a friar who went by the naine of Franciscus a Santa Clara, and who was a brother of the John Davenport who had been one of the feoffees and who had sub- 634. sequently emigrated to New England, had published tz«. a bookDets, Nttllra, Grat&--the object of which Gratia. WaS to explain away the differences between the Church of Rome and the Church of England. Windebank and Charles himself looked hopefully to the strength which they would derive froln some kind of understanding with Rome, the exact nature of which they had hot defined to themseh'es, and Windebank was therefore shocked to hear that the Pope thought of censuring the book. Panzani listened to his ex- postulations, and saw a possibility of drawing over to his side men who were so well pleed to explain away the differences between the Churches. He at once took the measure of Windebank's intelligence. He wrote to Rome for a quantity of sacred pictures and artificial flowers to be distributed in presents among the King's ministers. " In this way," he ex- plained, "we shall gain hOt only the lnen, but their wives and daughters as well." 1 Panzani round that the King did hOt welcome the idea of seeing a CatholJc bisbop m England. Windebank had less ob- 6ss. jection. He wished for quiet times, and a good under- Projectofa standing between the King and the Pope seemed Paoal agent i Egd. adlnirably suited to forward hlS aire. He suggested that the Pope should send an agent to reside with the Queen, who might be employed to smooth away diculties, and that the Queen might have an agent at Rome for a similar purpose. ! Panzani's letter, Jan. 6 , R. o. Tra,s«rits. 635 PA.X'z.q.¥ A.VD II'LVDEBA.VA: I35 It is hardly likely that he would bave ruade so important an overture without directions from lais toaster.  A few weeks later Windebank showed that his views of ac- commodation went far beyond the good offices of ambassadors. Xa. Vhy, he asked, could hot the Church of Rome atlow Religious communion in both kinds ? Panzani referred him to conversation -i wia- the works of Catholic authors to enlighten his mind. " Windebank was evidently half-convinced atready. " If it were noç" he said, " for the Jesuits and the Puritans, we should perhaps unite with Rome." Panzani told him that if so great an object vas to be attained, the Pope would make no diculty in removing the Jesuits Urom England. Windebank would plainly have been glad to get rid of the J esuits. With men of his temper, strength of will and force of wi«' character are always annoying. As for the Puritans m fr he ventured to suggest a splendid scheme of his own suppressing the Puritans. for suppressing them. The King was at that time pre- paring to send forth the fleet which was to be supported by the first levy of ship-money. Why, said the Secretary to Panzani, should hOt the King place soldiers under trusty commanders on board the vessels ? He might easily find a pretext to keep some of them in London. Others he might post at other important points. In this way he might be without fear. He might weed out seditious persons from his kingdom by sending them to the wars in Flanders. The priest replied that Charles might count upon the Pope to supply him with captains, soldiez, and money. Such was the discourse which an English Secretary of State allowed himself to carry on with a foreign ecclesiastic. The year belote Windebank had been employed by Charles to contrive how the naval forces of England could be used against a ffiendly nation. This year he was contriving how they could be used against Englishmen. No wonder that the path which he took diverged flore the path of ud. Panzani humoured the man with whom he had to deal, and asked him what concessions the English Church would require if it was to effect a reunion with Rome. Windebank  Panzani's letter, Feb. 2o . O. Transcrits, Iarch a'  3 6 PAWZANI'S AIISSIOI: ci4. LXXIX. went through the usual list. Colnmunion in both kinds, the T«rmof mass and other offices in English, and pe,'mission reunion with Rome dis- to the clergy to marry. Panzani listened sympatheti- cd. cally, but took care to promise nothing. He sug- gested that the last demand proceeded from the lnarried clergy thelnselves. Windebank, whose own comfortable family lire was not threatened, acknowledged that he himself detested the idea of the marriage of the clergy. Panzani pressed him at least to advocate liberty of conscience for the Catholics. Windebank assured him that the King would make no diffi- culty about that, if only the Catholics would take the oath of allegiance.  Panzani was not wlthout hope that something might corne of these overtures. He reported that Çatholic doctrines were a«h, growing in favour with the Court. Two serinons had • r,,« ofth been preached belote the King recommending sacra- Couru lnental confession, and the conversation had turned on the subject at the Klnt, s SUlSper table. A lady remarked that if confession were introduced the clergy must not marry, lest they should tell their wives of all the sins confided to theln. Panzani thought that Dvine Providence was leading the English to appreciate the blessings of a celibate priesthood3 Windebank was not so hopeful. The King, he said, had already given permission to the Queen to send an agent to Rome, but it would take another century to effect the reunion of the Churches. If the Pope would allow the Catholics to take the oath of allegiance in a modified form, it would be a step in the right direction. Panzani, however, found that there were bad signs as well as good ones. Laud had been preaching that tradition was not to be trusted as much as the Scriptures. Others, besides the Secretary, treated Panzani with The Pope ,,myia courtesy. Arundel showed him his pictures and lmthing, statues. Cottington reverently took off his hat when- ever the Pope's naine was mentioned. If, however, these men Panzani's letter, Feb. 7 Match 9  " O. Transcrioels. Ibid., March a3,3" 3 °,=°' MarchA =7' it}/o expected the Pope to make concessions to the English Govern- ment, they were now undeceived. Panzani had to announce that he would propose nothing about the modification of the oath, and that Z)eus, ]Vatura, Gratia had been pro- April. scribed at Rome. The King was vexed at the news, especially as a book had lately appeared arguing on behalf of the right of subjects to depose their kings. At this moment Portland's death had just taken place. Rumours reached Panzani that Parliament was to be sum- moned. The Secretary assured him that they were Windebank on Parlia- quite untrue. "O the great judgments of God !" ments, said Windebank. " He never imnishes men with those means by which they have offended. That pig of a Henry VIII. committed such sacrilege by profaning so many ecclesiastical benefices in order to give their goods to those who being so rewarded might stand firmly for the King in the Lower House ; and now the King's greateat enemies are those who are enriched by these benefices." Cottington took the matter less seriously. " Who told you such nonsense?" he said, laughingly, when Panzani spoke to him of his fears of a Parliament. To some extent the Queen helped Panzani. She brought the httle Prince to mass, and talked the King out of his dis- pleasure ; but she could not be ]nduced to give her- The Queen ,,.ic not .p- self much trouble. She would take up warmly any ply herself, special case of persecution ; but constant application to business of any kind was hOt to be expected from her. 1 Week by week Panzani noted in his letters various reasons for hopefulness. Carlisle told him that he was quite ready to July. accept ail that "«,as taught at Rome, except the daim Pnz,,i' of the Pope to depose kings. Lord Herbert of hopes. Cherbury talked to him about his contemplated History of Henry VIII., assuring him that if he told the truth of that sovereign he would have little good to say of him, and that he would treat his subject as favourably as possible t the Church of Rome. He acknowledged, he said, the Romaa .Match 7 April o, April 4 ,. 0. i Panzani's le.ters, April 6 ' l.lay4 ' 38 tAA'ZA.VI'S 3[I.çSIO.V. CH. LXXX. Church as the mother of ail churches, and would be glad to submit his book, 29e lérig«te, to the judgment of the Pope. At Cambridge, a Dr. Martin to whom Windebank recommended l'anzani, showed him some pictures of saints in pontifical vest ments, swing with a sigh, "Ah, when will such splendour be rcstored to our Church?" Walter Montague, the witty and accomplished favourite of the Queen, came to announce his departure for Rolne, and lais intention to become a Father of the Oratory. It was not so easy to bring Windebank to the point. "If is very difficult," he said, "to leave the religion in which one September has been born." "If only," he murmured, "Rome Wind«- had but a little charity. ''= 13efore the end of I,ank's hesi- ration. October, laowever, Windebank announced to Pan- zani that he had now received the King's orders to confer with 0tob«. him on the reunion with Rome. Laud, he added, Ld'spe- had warned the King that if 'he wished to go to diction. Rome, the Pope would not stir a step to meet him.' It may be that the King's expressions were exaggerated by Windebank. At all events, preparations were being ruade An agent to for despatching an agent to reside in Iavollle on the go tordoir« Queen's behalf. Sir Robert Douglas, who was first chosen, died suddenly, and the King then selected Arthur Brett, who had once been set up by Middlesex as a rival of Buckingham. Con, a Scotchman, was named as a fitting Derson to represent the Pope at Somerset House.  In the beginning of November, Panzani received an invita- tion to confer with Bishop Montague, the author of the Appello No. . Ccesarem. Years had passed away since Montague .,opo,- had engaged in literary 'arfare with priests and tagu.e on the lO. Puritans alike. He now told Panzani 'that, after reflecting deeply on the matter, he confessed ingenuously that he did hOt know why the reunion should hOt be ruade, as he knew that the two Archbishops, the Bishop of London, and some othe bishops, with many of the most learned clerg-y, held the * Panzani's letter, July l.ï . {9. Tramrritts. Ibid., Sept. --.  ibid. s Ibid., Oct. _4 ibid. l' 24' 1635 t:'A A'ZA ;t7 A ;VD MOA'TA G UE. 139 opinions of Rome on dogma, and especially on the authority of the Pope, whom he confessed to be the Vicar of Christ, the successor of St. Peter, without whom nothing could be deter- mined to bind the whole Church, nor could a Council be con- voked.' 'Hé said freely,' added Panzani, 'that he believed what I believed, except transubstantiation.' The bishop then went on to say that the best thing would be to hold a conference of deputies on both sides, to meet in France. Panzani expressed his satisfaction, but declined to write to the Pope till the pro- posal was made by the King or by some public lninister in his naine. Montague acknowledged this to be right, a,d promised to speak with Laud on the subject, adding, however, that Laud was 'very timid and circumspect.'  Montague ought to have known better than to bave applied such epithets to Laud. Neither the Archbishop nor the King Brett° i» ,VaS likely to listen seriously to the scheme. Charles, »tructions. however, in the hope of gaining something for him- self, did not object to play vith danger. It cannot be said how far he shared Windebank's belief that it would be a great advantage to have some one to excommunicate his subjects if they proved unruly, but at all events he had hopes of bringing the Pope to help him about the Palatinate. The greater part of the instructions given to Brett related to his nephew's affairs.  Brett's mission caused no slight commotion at Court. The King's behaviour was all the-more eagerly watched. It was told how, when he visited the Queen's new chapel in lDecember. Somerset House and gave directions about placing the pictures, he bowed reverentially as he left the building. Walter Montague's conversion became a subject of gossip, and the letter in which he announced it to his father, the Earl of Manchester, passed from hand to hand. a Ahnost every week Panzani had to write of the growing __4 R. O, 23"an- I lPauroso e circonspetto ;' Panzani' letter, Nov. striais. " Ibid, Nov. t iid. s VV. lXlontague to Manchester, Nov. -I, S. I . Dont. cccii. 5o. ,6 Panzani's letter, Dec. 76' A'. O. Transcrits. Garrard to Wcntworth, Dec., Jan. 8, Strafford L«lter, i. 489, 5o5. disposition at Court to regard the Catholic doctrines with i6»6. favour. The Queen had promised to do her best to Janua,y. bring up her son as a Catholic. Goring was found Panzanïs ,v. reading Cathohc books. Goodman, Bishop of Glou- tester, said divine offices in private out of the Roman Breviary, and asked permission to keep an italian priest to say mass secretly in his house. Cottington had been ill, and had made lais usual declaration of Catholicism. Such indications were of little value independently, but they served to show how the tide was running, and they were certain to appear in the eyes of l'rotostants to be of far more importance than they really were. 1 The King took alarm. Ho had been willing to be on friendly terres with the Pope, but he had no idea of sacrificing lais ecclesiastical or political position to the Sec of Laud re- g.i,,in- Rome. In January Laud's influence seemed to be tluence. at an end. On the z3rd ho assured Wentworth of his belief that Cottington would soon bave tl,e Treasurer's staff. = I11 February ho had botter hopes. The Queen was prohibited lfore taking the t'rince with her to mass. Montague's promised meeting with Panzani was postponed, a Cottington found that lais chances of grasping the Treasurer's staff were rapidly slipping away. As soon as it had become clear that Wentworth would not leave Ireland, Laud had selected the Bishop of London as his candidate for the vacant office. Cottington, as soon January. Cottington's as he saw his danger, had redoubled his intrigue. intrigues. Ho carried to Necolalde news of the latest utterances of the King in the Committee of Foreign Affairs. Ho flattered the Queen, and offered to do his best to forward the great scheme for the reunion of the Churches. He expressed to Seneterre his willingness to support the designs of France against Spain, as he had previously expressed to Necolalde lais willingness to supItrt the designs of Spain again.t France. Perhaps Charles had some inkling of his double-dealing.  Panzani's letters, Jan., Feb.,/'. O. Transcrips.  Laud to XVentworth, Jan. 23, kVorks, vil. 229.  Panzani'z letters, Feb. _3, x7 /,. O. Transcri2#ts. x3» 7  I636 /1 NEIV LORD Perhaps he shrank from entrustilg an office so important to one who supported, however fitfully, the Catholic propaganda. At all events, he decided in favour of Juxon. The Bishop February. was modest and unassuming, and had shown himself The King to be possessed of habits of business in his manage- ,'esoIves to ,keJ,,xon ment of the property of St. John's College during Treaurr. the time of his Presidentship. He had neither wife nor family to tempt him to amass wealth, and his honesty was beyond dispute. As soon as Cottington knew his fate, he accepted it with his usual cheerfulness. He mystified Seneterre by assuring him that being himself too ill to attend to the duties Cottington d Sn«- of the office, he had recommended the bishop as a trr« friend of his own. The suggestion, he continued, bad been accepted by Laud, who had said that he did not care who was Treasurer as long as Cottington was not. Seneterre, who did not believe the story, replied by warm congratulations on his recovery, upon which Cottington returned his best wishes for the success of the Frenchman's diplomacy. Seneterre was fairly puzzled at his cool audacity. Was Cottington siml,lv angling for a French pension, or did he foresee the failure Charles's negotiations, with the Emperor, and so wish to be on the winning side ? z Lauguage vhich only anaused Seneterre exasperated Laud. On March 6, 636, the Archbishop was gratified by the ap- l«h 6. pointment of a Treasurer who would never make a {.,O,ur" joke or accept a bribe. In delivering the staff to Juxon, Charles explained that he needed a minister whowould be 'discreet and provident for the good ofhis children whom God had blessed him with. Such a conscionable man, he thought, might best be found amongst the clergy.' "Among the clergy, ' he continued, turning to Juxon as he spoke, " I judge you, my Lord of London, the fittest, since you have no children."  " No churchman," noted Laud in his diary, "had t Seneterre to Bouthillier, Jan. 7 Bibi. 2Vat. Fr. 15,993. Feb. 6 '  Ibid., Feb. a, xo, Feb. _4_ x3, o, g---[arch S' ibid. * Crosfield's Diary, in Laud's ligotes, iii. 226, note. 142 PAArZAAY'S zf ISS[OzV. ci4. Lxxx. it since Henry the Seventh's time. I pray God bless him to carry it so that the Church may bave honour, and the King and the State service and contentment by it ; and now if the Church will not hold up themselves under God, I can do no more." 1 Laud's song of triumph was, in fact, a confession of weak ness. Not one layman, forsooth, hot even one mrried clergy- mnn, to be round in England, who could be trusted The cholce a confession of ils JUXOI1 WflS trusted  Was this the result of Laud's great religious revivnl ? Were Middlesex and Port- land fait samples of the laity of England ? ttad Charles no choice between n Juxon and a Çottington ? J uxon himself ruade no enemies. He did his work quetly and industriously, never had a sharp word for anyone, nnd tth kept sedulouslv aloof flore the factions into hich :l'reaury. the Çourt was divided. Nevertheless, there was loud murmuring amongst the English lords at his elevation, as therc had been murmuring amongst the Scottish lords at Spottis- woode's elevation the year belote. The irritation which had been stirred in the winter by the exaction of ship-money acquired a sharper, more personal edge in the spring. The clergy, it was said, were draving all employments into their hands. The voice which had been raised from the manor houses of every county found an echo in the presence chamber of Whitehall.  When the bishops were seen riding through  Laud's ll'orles, iii. 226. Heylyn (Cyr. AnŒl. 285)says Laud had di.covered that a Treasurer could honestlv make 7,000/. a year without defrauding the King or abusing the subject, tIe had also observd ' that divers Treasurers of late years had raiscd themselves from only mean and l,rivate fortunes to the titles and estates of Earls, which he conceived could no: be done without wrong to both : and therefore he resolved to commend such a lllan to his Majesty for the next Lord Treasurer who, having no family to mise, no wife and children to provide for, might better manage th« incomes of the Treasury to the King's advantage than they had been formerly.' "-" Correr to the Doge, Match t-- l?n. 2'IISS. In his despatch of Match 5 he describes Juxon as follows :--" Certo è persona di grand' in- April 4 ' tegrità, ,iente appassionato di alcun partito, condizione stimata molto t636 PROPOSED REUNION IVITH ROM'E. 43 the streets, the bystanders would, half-jestingly, half-angrily, call one another's attention to the passage of the Church triumphant.l Laud was in as much danger from lais friends as from his enemies. He could place a dependent at the Treasury, and he could cite Puritans before the High Commission ; Laud holds alooffrom but the fatal power of enforcing silence upon others Panzani. brought upon hiln the responsibility for ail that was spoken or written against the Puritans. Though both he and J uxon refused even to sec Panzani, and kept themselves strictly aloof from the intrigue which was gathering round hiln, they could hot stop the lnouths of others. Bishop Mon- March o. Montague's tague, in a serlnon preached before the King, recom- .c,-mon. lnended that stone altars should be substituted for the communion-tables. In his diocese, he boasted to Panzani, there was hot a minister who would venture to speak against the Pope. Laud, he added, was well-intentioned, but very tilnid. Panzani told him plainly that he must not expect Rome to change an iota of her dogmas. Montague professed that he looked for no such change, but Panzani suspected strongly that when special points came under discussion the agreement would not be round so great as the Bishop thought. Montague, he round, expected his orders to be recognised at Rolne, which, as he knew very well, was a concession nost unlikely to be ruade. Evidently the Bishop was April. deceiving himself if he expected to join Rome otherwise than on her ovn terres. He himself, however, did not sec the difficultv. With the exception of Morton, Davenant, and Hall, he said, all the bishops were enemies of the Puritans. Half-jestingly, Panzani said to him that he would be a Papist one day. " What harm," he replied, " would there be in that ?" As to the reunion, he had no doubt of its achievement. " I sec," he said, "things insensibly improving through the pro- motion of moderate men."  pregiabile, non trovandosi cosi ordinariamente a telnpi presenti in ogni persona." » May, Hist. of/he Parliamcnt, 2 3. March 23, April 27, 1. O. Transcl its. - Panzani's lerter, April z, llay 7 I44 PAA'ZANI'S ,IISSION. cu.. Lxxlx. It is beyond doubt that in thus speaking Montao-ue wronged the greater part of his episcopal colleagues. But that which Chr«a« seemed possible to him might easily seem certain to the reunion, others, and lmud had to bear the blame of extrava- gances which he would never have countenanced hirnself. Nor could he ever feel sure of the King. Doubtless he knew that Charles would not lay his crown at the feet of the Pope, or sanction an abandonment of the specific doctrines of the English Church. But it vas less easy to calculate on his actions than on his aires, that he would swerve from to realise the direction in and nothing was more likely than the straight path by sheer inability which each special concession was tending. He had had no objection to talk over the reunion as something within the range of possibility, and he had wel- comed heartily the notion of sending an agent to Rome in the Queen's naine. Brett had fallen ill, and died in the begin- Hamilton to ning of April. A substitute was round for him in go to 1o,«. Wflliam Hamilton, a brother of tbe Earl of Abercorn. The selection of a Scotchman was pamcularly offensive to the English courtiers.  At the saine time it was given out by Co to om« Panzani that Con would corne with great splendour to ,g,,d. to revive he esteem for the Papal name. The King, remarked the Venetian ambassador, would probably wish his splendour to be less conspicuous.  About the saine time a circumstance occurred which showed that in matters of discipline at least, Laud could depend on the King. Long ago the marriage which James had x624. Ca¢o¢Lay arranged between Buckingham's brother and Frances v,. Coke had ended in the scandal which, as in the case of Lady Essex, was the" sad result of the cruelty which had bound a lively and sprightly girl to a husband who was dis- tasteful to ber. James could turn Sir John Villiers into Viscount Purbeck, but l'_e could not make him an agreeable or sensible man. When, in a few years his weakness of mind assumed the trm of absolute insanity, his wife left him to lire  Panzani's letters, April 3 May 8, z3' -8 " O. 7"ranscrils. April  " Correr's despatch, ïlaï:-' C. 7o35 LAD Y PURBIçCtt'S CASE. t45 in adultery with Sir Robert Howard, a younger son of Lord Treasurer Suffolk. In x6z4 proceedings we[e commenced against her in the High Commission Court, which '«» ended three years later in a sentence of separation trom her husband and the injunction of penance to be performed for ber t:ault. At that time, however, she eluded the authoritv of the court, and it may well be believed that the officials did hot show an)" great eagerness to expose the sister-in-law of the great Duke in a white sheet to the gaze of a London mob. Lady Purbeck soon round her way to her paramour, living with him for many years and bearing him children at his house in Shropshire. In the spring of 7635 Sir Robert and the lady ventured to corne to London in company. Charles, whose feelings of pro- ,63s. priety were offended, bade Laud to abate the scandal. s* °'" Lady Purbeck was accordingly arrested, thrown into m ttal and eseape, the Gatehouse, and ordered by the High Commission to perform the penance which she had hitherto avoided. Before the appointed day arrived, Sir Robert had bribed the keeper of the prison, dressed his mistress in man's clothes, and sent ber off in this disguise to France. The court at once called him to account, and ordered his imprisonment till he produced the partner of his guilt. He remained in the Gatehouse till Jun.e, when he was set free upon bond not to corne into her company again.  In February 636 a fresh effort was ruade to enforce the sentence of the court. A writ was issued commanding Lady Purbeck to return to England upon her allegiance, x636. I. . and Lord Scudamore, the English ambassador in She is sum- o, to Paris, was directed to serve it on her if he could find .,gl,d. her.  Scudamore's messenger discovered the bouse h» in which she was, and threw the box containing the writ in at the window. This barefaced attempt to serve the King of England's writ in the streets of Paris quickly drew the  Zaud's tVorks, iii. 39z. Acts of High Commission, Ap. 6, e3, 3 o, June 3, S. P. Dvm. cclxi, fol. I9, 2o, 209 b, 2 4 b, 28. e Warrant, Feb. 8, S. P. Dont. cccxiii. 58. Coke to Scudaw..ore, March 7, S. P. trance. rOL. VIII. L 146 PA NZA NI'S MISSION. CH. LXX  X. attention of Richelieu, and a guard of fifty archers was at once sent to oflr protection. In the end, Lady Purbeck withdrcw for safety to a nnnnery.  Lady Purbeck had recently announced her convcrsion to the Papal Church. Immediately, all the weapons in the E«ort i, armoury of that Church were put in use in ber favour. efa,,our. The Duchess of Buckingham, who, much to the King's disgust had recently married the young Irish Lord Dunluce, was induced to speak in her behalf, and to urge I.ady Denbigh fo forbear inciting the King against her erring sister-in-law. The Queen of France wrote to Hen- Y" rietta Maria begging her to procure a licence for jus« Lady Purbeck's return to England, and even Cardinal Barberini wrote a similar letter, which was only kept back by Panzani after he heard that the lady had left July. the nunnery, and that she was therefore not to be regarded as having 'an entire reputation.'  Lady Purbeck, in fact, was not exacfly the sort of person to find herself at home in a nunnery. She refused to conform to the regulations of the establishment. The nuns Lady Pur- b«¢le,, soon began to regard her with aversion. One day th,,,, they omitted to provide her dinner. She resolved to leave the sheltcr which they had afforded to her. In July she was at large in Paris, and it was reported that Sir :Robert Howard was on his way to join her.  Under these circumstances Charles was firm. He refused to allow Lady Purbeck to corne home. For some rime she continued in Paris, living in much distress? In the summer of 636 the Mctropolitical Visitation was almost drawing to a close. A few months later the searching Edofta¢ light of inquiry would have been thrown upon every itopo- diocese in England. Slothful inactivity, petulant self- litical Visita- tion. will, and, alas ! also religious zeal and conscientious conviction, had been alike rebuked and imtated. Laud's last t Scudamore to Coke, Match 5, & z- France. s Panzani's letters, ApriI 27, June 8 x 9 May 7, Ï" July-29,/" o. Transcr2ts.  Scudamore to Coke, July II, S. 1 . France. « Sir K. Digby to Conway, Jan. -, 637 , & ,p. Data. cccxliv. 58. 636 OXFORD UNDER LA UD. 47 triumph was the allowance of his claim to include the Universi- jun« t. ries in his visitation. This claire was debated before Laud'sright the King and Council, and decided in his favour. to vislt the Utfiversities As far as Oxford was concerned the victory was of acknow- ledged, slight importance. During his vigorous Chancellor- ship, opposition, though it still existed, had long ago been silenced. An admiring crowd of masters and doctors looked up to him as their patron and benefactor. In Cambridge it was far otherwise. Under the protection of their Chancellor, Holland, that University had set the Archbishop at defiance. Scholars were in the habit of attending chapel without their surplices. Some of the chapels had never been consecrated, and Laud's remonstrances had been met by the sharp answer that 'they were consecrated by faith and good conscience.' He now hoped to be able to settle all such matters in his on way, in spite of Holland.  Again and again he had shown his affection to Oxford by presents of valuable books. A choice collection of Arabic June es. manuscripts in the Bodleian still bears his naine. The Oxford He now sent down a body of statutes for the regula- statutes, tion of the University, which were cheerfully accepted by Convocation. They were introduced by Secretary Coke in a speech which may fairly be regarded as a defiance alike of the Puritan malcontents and of the sympathisers vdth Rome. "That which commands in chier," he said, "is his Majesty's sovereign power.... Him we all acknowledge to be our Cok«s supreme governor, both of Church and Common- »p««h. wealth, over ail causes and persons, and to his su- premacy and allegiance we are all obliged by oath. This, then, we must built upon as an axiom and fundamental rule of government, that all our laws and statutes are the King's laws, and that none can be enacted, changed, or abrogated without him ; so all courts of law or equity are properly the Kings courts ; all justice therein administered, be it civil or martial, is the King's justice ; and no pardon or grace proceeds from any but from the King. And, as of justice, so is he the source  ushwort, iii. 148 PAA'ZAAT'S ][]SS_?O2V. CH. LXXlX. of honour ; all dignities, ail degrees, ail titles, arms, and orders, corne originally from the King as branches from the root ; and hOt only particular men and fanfilies, but all corporations, societies, nay counties, provinces, and depending kingdoms, bave all their jurisdictions and governments established by him for public good to be changed or dissolved. So his power reacheth to foreign plantations, where he may erect princi- palities, and make laws for their good government which no man may disobey. 1 And as in the temporal, so in the state ecclesiastical, his regal power by ancient right extendeth to the crection of bishoprics, deaneries, and cathedral churches, and to settle orders for governlnent in ail churches, by the advice of his own clergy, without any concurrence of foreign usurping power." Coke's speech was an assertion of absolute power flung in the face of Popes and Parliaments alike. He proceeded to Col«ond jstify the athority which he claimed for Charles asores°f by the effects which it had produced. The clergy, power, he said, had been shielded from'rich encroaching ministers and patrons,' churches had been built and restored, order and virtue had corne back to the University. Whilst the Continent was a prey to war and starvation, England was in better case. "We sit here," said the Secretary, " thankful in true devotion for this wonderful favour toards us ; we enjoy peac.e and plenty ; we are like to those who resting in a calm haven behold the shipwreck of others, wherein we have no part, save only in compassion to help them with our prayers." " So spoke Sir John Coke in his self-satisfied optimism. So believed Charles and Laud. It may be that it was with some thought of proving to the world that he was hOt led Charles pro- poses to visit captive by Panzani, that Charles determined to show O«od. himself at Oxford in the midst of that University in which the standard of Anglican orthodoxy was most uncom- promisingly raised. The chief part of the favour shown to Oxford would fall  Probably a hit at the Massachusetts settlers, of whom more hereafter.  Laud*s IVorks, v. 1"o'6. upon Laud. Before he set out to take his place at the head of the University, Juxon made a feeble attempt to Aug. 13. At)emptto reconcile him with Windebank. He urged that it I.audand was hard to quarrel with an old friend merely be- Windebank. cause of a difft-rence of opinion about a soap com- pany. Windebank might surely be allowed the privilege of changing his opinions. " Truc," replied Laud, "but why did he not acquaint me with this alteration of judgment ?"  It was not, in short, the thing that he had donc, but the manner in • which he had donc it ; the clinging, too, Laud might bave said, if he had spoken ail, to men whom he himself judged to be utterly vile and selfish. There could be no friendship between the man who was scheming for a reunion with Rome, and the man to whom the English Church was a model for all churches, perfect and complete in itself. "That which is the worst of ail, they say," Cottington had written of Laud when the quarrel was at its height, "he can never be reconciled where once he takes dis- Aug. 9- Cottington's pleasure '' The saine absorption in the public in- opimon of " i.u«, terest, and the saine vant of consideration for the feelings of others which ruade him regard those as privatc enemies who were injuring the cause which he himself upheld, ruade him inconsiderate of the prejudices of others, and re- gardless of the courtesies of life. One day young Hyde's con- ,.»tio Hyde ventured to expostulate with him. ' The ,.ih im. people,' he said, 'were universally discontented and' many ' spoke extreme ill of his Grace, as the cause of  that was amiss.' Laud answered that he was sorry for it, but it wa his duty to serve the King and the Church. He could hot abandon them to please the people. Hyde explained that his enemies were hOt confined to those who were the enemies of the King and Church. His roughness of manner was uni- versally disliked. Two Wiltshire gentlemen, for instance, who had lately appeared before the Council on business, had been treated with respect by ail the councillors but himself. Coming to him at Lmnbeth to discove the reason of so strange a ) Juxon to Windebank, Aug. 3, S. . Do»z. cccxxx. 3N  Ccttington to Wentworth, Aug. 4, 635, St'ard Letter» L  50 PANZANI'S I[ISSION. CH. LXXl X. reception, he would not even listen to their inquiries. Saying that 'he had no leisure for compliments,' he had turned hastily away. To Hyde Laud replied that he was sorry if he had appeared to be rude. But it could not be helped. "It is not possible for me," he concluded, "in the many occupations I have, to spend any time in unnecessary compliments. If my integrity and uprightness, which never shall be liable to re- proach, cannot be strong enough to preserve me, I must submit to God's pleasure." t At Oxford, Laud had thrown off the cares of business, and had forgotten his enmities for a season. On the morning of the day on which the King was to arrive, the gowns- Aug. 2 9. Laudat men flocked to St. John's to do homage to their O,««d. Chancellor. 'Courteous he was to ail, but walked most and entertained longest my Lord Cottington.' At one o'clock the bell rang, and doctors in their scarlet gowns rode forth with Laud at their head to await the King two toiles from the city. The citizens, too, as in duty bound, were mustered in sombre black, bringing into the scene that element of un- official life which as yet seemed but brute material in the hands of Laud. When the King had been welcomed and The King' vsit, had conducted the Queen to ber lodgings at Christ- church, he attended the service in the cathedral. In the evening was acted in the spacious and stately Christchurch Hall a play, which Lord Carnarvon declared to be ' the worst that ever he saw but one that he saw at Cambridge.' He was not far wrong. William Strode, the Public Orator, from whose pen it proceeded, had introduced into it the usual hits at the fraudulent feoffees, at Prynne, shorn of his ears, and at the hypocritical Puritan whose religion was a cloak for the grossest profligacy. Even at Court these topics were hOt qu,te so attractive as they would bave been three years belote, z The next morning the Elector Palatine, accompanied by his younger brother, Prince Rupert, was introduced to Convoca-  Clarendon's Lire, i. 72.  The I;loatistg Island was printed in 655 , when anything writtea against the Puritans would find a ready sale amongst Royalists. 636 CHRLES AND LAUD AT OXFORD. xSt tion. Charles Lewis had been created a Master of Arts at Cambridge. Oxford, by the mouth of Laud, declared that it was ,ug. 3« beneath the dignity of one who conferred degrees The Palati- at his own University of Heidelberg to receive a de- nate princes ,t OxCora. gree himself. If he would be pleased to nominate some persons as doctors, the University was ready to ratify his choice. He at once named thirteen. A mastership of arts was conferred upon Prince Rupert. Appropriate presents were ruade to both the King's nephews. To the Elector was assigned a copy of Hooker's .Ecclesiastical .Po/iy, intended perhaps as a warning against the seductions of Calvinism. The hot-headed and adventurous Rupert received Cresar's Commen/aries. If he had studied more deeply the lessons taught by the wariest and most self-controlled of com- manders, the Civil War mighf have ended otherwise than it did. As soon as the ceremony was over, Charles was taken to see the wonders of the University. The Bodleian Library claimed his special attention. He lingered there for more than an hour, and was loth to leave the place. Laud pointed to the Royal bust standing above the shelves, so that the library was, as it were, placed under his Majesty's protection. Then he took him to St. John's, where his own new buildings were just colnpleted. The grey marble of which the pillars were composed brought to mind another servant, the new Lord Treasurer. To the end of his lire Juxon was fond of hunting, and the pillars had been fetched from a quarry which had been discovered by the late President of the College whilst fcllowing the hounds near Woodstock. Then there was St. John's library to be visited, and a grand banquet given by the Archbishop to be partaken of. Presents of meat and game had been sent from all quarters. The ban- quet. A good judge spoke of the entertainment as a mighty feast, in days when noblemen were vying with one another in the costliness and profusion of their hospitalities. Nor were the great alone invited to partake. ' His Grace had provided at his own charge sufficient to feed, nay feast all, from the hignest rank of men even to the guard and footmen of both  52 PAA'ZANI'S glII5SIOV. CH. LXXIX- Courts.' In the afternoon there was another play ; and a t:ird, The Royal Slave, by Cartwright, followed in the evening. The Queen was so pleased with it that she had it repeated some months later at Hampton Court, borrowing the dresses t;sed at Oxford for the occasion. The next morning the Court retired to Woodstock. Amongst the noblemen who accompanied Charles on this occasion were some who a few short years later were to take opposite sides in the civil strife. Essex bore the sword be- tbre the King, seriously and solemnly, as may be imagined. Pembroke with his empty head was there too, nodding approval of the play for ,hich as I.ord Chamberlain he con- ceived himself to be in some sort officially responsible. Besides the lords and gentlemen in attendance, the Court was accompanied by one figure who must have seemed to many as a dark blot on the joyous scene. Panzani, just about to leave England, and to give place to Con, had corne to enjoy Laud's hospitalities, and to express his astonishment at the poor figure cut by the Puritan in Strode's play. Solne of the visitors found in Oxford objects of greater attraction than the plays. "The churches or chapels of ail the Colleges," wrote one of them, "are much The deco- rationsofthe beautified ; extraordinary cost best.owed on them, chapels. scarce any cathedral church, hot Windsor or Canter- bury, nay, hot St. Paul's choir, exceeds them. hlost of them new glazed ; ficher glass for figures and paintings I bave hot seen, which they had most from beyond the seas ; excellently paved their choirs with black and white stone. Where the east end admits hot g]ass, excellent pictures, large and great, church work of the best kind they could get from the other side, of the birth, passion, resurrection, and ascension of out blessed Saviour ; all their communion-tables fairly covered with rich carpets, hung some of them with good hangings."  For Laud and his followers there was free expression of ) Garrard to Conway, Sept. 4, S. t . Dom. cccxxxii. I4. Wood's tfist. 6 ,4ntiq. q" Oxford, il. 408. Panzani's letter, Sept. '6' 2. O. Transcrits. i636 CHAI?LES A T OXFORD. devotional religion. For the Puritan there was sharp coercion and ridicule. As yet the Puritan met the attack in No ntl',u- siasm in the gloolny silence. The enthusiasm shown at Oxford city. was confined to the officials of the University. Red- gowned doctors, with those immediately under their influence, and courtly youths paid their compliments in sonorous Latin. But no loud salutation rang in the ears of Charles as he passed through the streets. Not a cry -f "God save the King ! " was raised.  The scholars and the citizens were alike si!e::  W'ood, ii. 408. CHAPTER LXXX. THE EARL OF ARUNDELS MISSION TO VIENNA. THE high language which Charles assumed at home was backed by no demonstration of physical force. The equally high lrch, language which he assumed to foreign nations was Selden's backed by the most magnificent fleet, in point of Iare Clau- *""- size and numbers, which had ever left our shores. Its setting forth had been preceded by the publication of uncompromising claires to pre-eminence put forward by tl',e most learned of English lawyers, himself one of the prime movers of the opposition in the ]ast Parliament. That argu- ment, now appearing in print under the title of _JZ«re dausum, had been drawn up by Selden in the preceding reign ar the time when James was putting torward a claim to a tribute from the Dutch fishing-boats. James, wiser than his son, had reffained flore pushing his demands in the face of the irritation which they caused ; and the book had been left for some years in the author's hands. It was now dragged to light by Charles. Sent to the press in the autumn of i635, it was issued to the world as a public manifesto in the following spring. One copy was laid up by the King's orders in the Court of Exchequer, another in the Court of Admiralty, whilst a third was to be preserved for the perpetual use of the Privy Council, ' as a faithful and strong evidence to the dominion of the British seas.'  The book thus pompously announced would meet with  5, 635 ' Add. zlSS. I7,677 Joachimi to the States-General, Aug. O, fol. 366. * Order in Council, March 26, Rushworth, ii. 320. I630 SELDEN'S :IARE CLA USLr2L ' I55 nothing but score and derision at the present day. Its very Itsargu- premisses would be contemptuously set aside. Sel- m«t. den did not trouble himself to inquire whether the authority which he claimed was in accordance with the well- understood interests of England itself, to say nothing of the interests of other nations. It was enough for him to flatter the vanity of his countrymen by a long and elaborate compila- tion of precedents exhibiting the rights claimed over the sea by early English sovereigns. He did not stand alone in this method of treatment. He lived in an age when power which was almost absolute, as well as liberty which was ahnost re- publican, was accustomed to justify itself by appealing to the records of the past. The sense of the continuity thus evolved was an important safeguard against rash and inconsiderate ex- periments in politics. Yet it was possible to break even that safeguard down, to clothe revolutionary ag'ession under the form of reverence for ancestral wisdom, and to pursue a violent and provocative policy under the appearance of adhering to tradition. Such was the course upon which Charles had now entered at home and abroad. No doubt there was much that was Ch,rl«s fascinating in the splendid position which he claimed obje«t, to hold anaidst warring nations. As he kept the peace on land, so would he keep the peace at sea. Ail through the German Ocean, ail through the English Channel, hot a shot should be fired in anger. Merchants should ply hither and thither freely, unvexed by pirates, by blockading squadrons, or by inquisitorial searchers for contraband goods. Ail those belligerent rights which Charles had himself exercised so freely and so offensively in the beginning of his reign were to be interdicted to the navies of Spain and France and of the Dutch Republic. He never thought of asking whether other powers would willingly adroit an authority so unlimited, any more than he thought of asking whether his subjects would willingly adroit the authority which he claimed at home. It was for him to lay down the law, and for others to follow. He alone was dis- interested, just, and wise : all others wcre selfish, pugnacious, and grasping. 56 ARb5OErDEL'S ILçSION TO VIENNA. CH. LXXX. The fleet which was to maintain these exorbitant pretensions had been entrusted to a new Admiral. This time it was sent ,vril » out under the command of the young Earl of Nor- he Erl« thumbeiand, the son of that Earl who had been a .Northum- «d prisoner in the Tower for so many years. A cour- Admiral of ,e wt. teous and high-spirited young nobleman, who took care to keep himself aloof from the factions of the Court, he was on the best terres with everybody. He was hilnself in friendly intercourse with Wentworth. His sister, Lady Carlisle, in spite of waning years, was still the reigning beauty at White- hall, and his brother. Henry Percy, had gained a strong influence over the Queen by his light and amusing conversation. "Fhis vear there was little probability that the fleet would be used in combination with Spain. Lindsey and his subordinates had found occupation in convoying Spanish vesseis to Dunkirk, and had been rewarded by Necolalde for their trotlble.  Lindsey's Vice-Admiral, Sir William Monson, had been a Catholic. Northumbrland was ow ordered hot to adroit any officer who refused to take the oath of supremacy as well as the oath of allegiancc,  and Monson had therefore no place in the new fleet. The instructions given to Northumberland were almost identical with those of the previous year. On May 2o he sailed y o. westward from the I)owns. It was known that a large go,th,,- French fleet had been gathering at Rochelle, that it berland in th« ch«, had a considerable number of troops on board, and that it was provided with every appliance for landing on a hostile toast.  As the belief prevailed in England that the expedition was bound for Dunkirk, Northumberland was directed to watch its lnotions. Northumberland, however, like ISndsey the year before, was unable to meet with an enemy. At Calais, ]3ou- logne, and Dieppe he found nothing stirring. He came across a few Dunkirk privateers on the look-out for prizes, but his heavy vessels were no match for theln in sailing, and it proved ; Secret payments to Necolaide, Simancas I1ZSS. 2564.  Garrard to Wentworth, Match 15, Stra.fford Zetters, i. s French preparations at sea, lIarch 30. Scudamore to Coke, Iay 6, S. . France. I636 THE SOVEREIG.'VT"æ OF THt:." SEAS. .7 impossible to bring them to account for their defiance of Charles's sovereignty of the seas. An unlucky llut«h merchant vessel, which had ruade a capture in the Hclford river, was seized and sent to Portsmouth with its prize. Off Portland, Nor- thumberland gave chase to eight Dutch men-of-war. Whether Charles was sovereign of the seas or not, he could not built ships that would sail, and the Dutchmen were soon out of sight. When the fleet reached Ushant in the be- jn« ginning of J une, news was brought to the Admiral that the French had left Rochelle. Then came a false rumour that they had passed up the Channel. Northumberland crowdcd all sail in chase, and arrived in the I)owns on the e4th to find that the French fleet had steered for the BIediterranean.  If French men-of-war were hot to be found in the Channel, something might possibly be done with the Dutch herring-boats in the North Sea. The fishermen were accustomed July. a'h r).t«h tO meet the shoals of herrings somewhere between hcrring iteet. Shetland and Buchan Ness about the second week in July, and to accompany them on their way southward as far as the coast of Norfolk.  Northumberland now received orders to seek out the Dutch boats, and to compel them to accepta fishing licence from the King of Egland. A small payment was tobe ruade, in return for which the licensed vessel was to receive a guarantee against the attacks of the Dunkirk pri- vateers. Some two hundred of the boats, rather August. than lose the benefit of the season, took the licences and paid the money.  Others refused to compromise the honour of their country, and if is hot improbable that their sense of the dignity of the Dutch Republic was reinforced by a doubt vhether the English fleet was able to secure them against the attacks of the swift-sailing Dunkirkers. The crews of those vessels which returned to Holland filled the air with their outcries. The Dutch ambassador was instructed  Northumberland to the Lords of the Admiralty, May 25, 3 o, June 8, zz, S. 1:'. Do»z. cccxxi. 87, cccxxii. 40, cccxxv. 78, cccxxxvii. 42. " Northumberland to the Lords of the Admiralty, June 28, ibid. cccxxvii. 93. s Northumberland to Windebank, Aug. 16, ibid. cccxxxv. 41. 158 .dRUVIEL;S 3IISS[ON TO VIEI'5V.d. CH. LXXX. to remonstrate sharply. Charles replied that if he chose to insist on his rights he might chase their vessels from the sea. It was his exceeding kindness to of-fer them protection. Sooner than surrender his dominion over the sea, he would give up England itself, l It would hardly be fair to say that the second ship-money fleet had effected absolutely nothing. It is not improbable that smu but for its existence the French Admiral would have l'SU|to directed his course to the Channel, and not to the Mediterranean. But at most it had done nothing positive-- nothing that was likely to convince those who were not con- vinced already that there had been any adequate reason for the unwonted pressure which had been put upon the country in order to send it fi)rth. In his warlike preparations Charles had aimed at petty objects by means disproportionately great. In his diplomacy he aimed at the greatest objects by means disproportionately small. His fleet was too powerful to be employed to enforce the lowering of a few flags or the payment of a few shillings by the Dutch fishermen. It was not powerful enough to enable him to regain the Palatinate. When Arundel's instructions had been framed in April, he was ordered to be content with nothing short of a direct Aprli,. engagement from the Emperor to restore the terri- ,nd«Vin tory, and to enter into arrangements for the sub- st ructions. sequent restoration of the title. Charles's offers in return were couched in terres far less precise than his demands. "In general," he wrote, " you must take heed not to engage us by any confederation into an actual war, or to any breach of peace or violation of our treaties with our neighbours and allies ; yet, upon a full restitution of our nephew's dignities and estates, we will be contented to join with the Emperor and his House in a strict league for the common peace, and to that end will interpose out mediation and credit with all the Princes and States of out profession in religion within the Empire, to  Boswell to Windebank, Aug. 9, Beveren's memorial, Aug. 2o. Joachimi to the King, Aug. 25. A.nswer of the King's Commissioners, Aug. 3 o, S..P. ttollaul, 636 CHARLES AND GEI?]IANY. 59 persuade them to submit to the Emperor, and accept peace, to be marie upon such just and equal conditions as at the next Assembly shall be agreed on for the honour of the Emperor and good of the Empire. We will also induce out uncle the King of Denmark to join with us in this work, and will treat with the Swedes to accept reasonable contentment ; and will labour effectually with our neighbours the States-General of the United Provinces to make peace or truce with the King of Spain and his brother the Infant Cardinal; and with France we will do the like ; and with the Italian Princes our friends, as there shall be cause ; and if any of all these shall refuse just and reasonable conditions and disturb the peace, we will assist the Emperor and his House as far as without breach of treaties we may be able, and to this end will maintain a powerful fleet at sea, and will suffer our people to serve him where we see cause ; and ail this vith the consequence may very well deserve hot a partial and ambiguous, but such a total and absolute restitution as we desire, and without which we shall be forced to join with some other party for the advancement of this justice and public peace, which we are unwilling to prosecute to the disadvantage of that House which we and our progenitors have so much honoured and esteemed." * No wonder Arundel had little mind to leave his stately mansion, rich with antique statuary and geins of modern art, a,s,t upon such an errand as this.  But Charles would ,oVi,. hear of no excuse, and the magnificent nobleman who ' resorted sometimes to the Court, because there only was a greater man than himself, and went thither the seldomer because there was a greater man than himself,' was com- pelled to go on a fool's errand across hall a continent. On his arrival he round that a new difficulty had arisen in j,,.« the way of his negotiation. The Elector of Bavaria ri ,i.. had lately married his own niece, the daughter of the Emperor, and it was now known that there was a prospect of a  Arundel's instructions, April , S. t 9. Germany. * Panzani's despatch, lJarch 3 ° R. O. Transcriott. April 9  I6o ARUA'I)'L'S IISSION 7"0 VIEN,'¢A. CH. LXXX. child being born to him. If it should prove a boy, he would be more loth than ever to sacrifice the acquisitions which he had ruade, and would be certain to oppose every suggestion that he should lessen the inheritance which he now hoped to bequeath to his descendants. Even without this, Arundel's terres were such as to cause irritation at Vienna. The alliance which he had to offer was reduced by his instructions to the merest shadow, whilst the terres which he was ordered to exact were tobe the strictest possible. Both Palatinates, together with the Electoral dgnity, were tobe absolutely restored. The utmost concession which Arundel was empowered to make was the allowance of time for the fulfilment of part of these ccn- ditions. To make such a proposal ,cas to invite a rebuff. Ferdlnand replied that he was ready to fulfil the engagement which he had given in February. He would give up a con- siderable portion of the Lower Palatinate, and would take off the ban. Arundel proudly answered that his toaster would hOt be satisfied with less than all. Maximilian said that his language sounded like a declaration of war, and scornfully asked what possible advantage was to be gained from an English alliance. An English fleet could hOt influence the fortunes of a campaign in Alsace. As for English soldiers, he had seen them under Vere and Hamilton, and he had no cause to fear them much. Arundel was soon ruade aware that he had nothing further to expect, and he hinted plainly in his despatches that he wished for nothing better than a speedy recall. 1 To recall his ambassador would have been far too simple a proceeding for Charles. As he had hoped to make the Emperor jury o. more ready to fulfi his wishes by keeping up the r,dt semblance of a negotiation with France, so he now orçered to ,i,. hoped to make the King of France more read)" to ffllfil his wishes by keeping up the semblance of a negotiation with the Emperor. " It is not thought counsellable," wrote  Arundel to the Emperor, June 8. Arundel to Coke, June t3; 2o, 22, S. P. Germ«ny. The Elector of Bavaria to the Emperor, June L% Khevenhiiller, Anu. Ferd. xii. 21o7. x636 TRE SPAA'IARDS IN FRANCE. x6t Coke to Arundel in the King's naine, "to make any open breach which may be a disadvantage to any other treaty that may be thought of for putting this business in any other way."  A despatch was therefore sent off to the Earl of Leicester, who was conducting Charles's diplomacy at Paris as extra- L&estcr ordinary ambassador. I,ouis had lately ruade fresh ordered to u«gotiateltx overtures to Charles, pressing, as Ferdinand had Frn¢« pressed in February, for a league offensive and de- fensive in return for assistance in the recovery of the Palatinate. Leicester was to try and get the aid of Louis on better tenns. He was to say that lais master would allow the King of France to levy volunteers in Egland, would abstain from carrying men and money to the Spanish Netherlands, and would send his fleet to the defence of the French coast. Een this very moderate amount of assistance was not to be promised at once. Leicester was to take care to engage the King of France be- fore he engaged his toaster. Above all, he must clearly make it understood that Charles had no intention of embarking on an open war in alliance with France.  If ever there was a rime when the French Government was inclined to curse the hollowness of Charles's professions of friendship it was now. The Cardinal Infant had Jutae 2 3. France in- resolved to return the blow which had been struck vaded. at the Netherlands the year before. On June -3 the Spanish army crossed the frontier into Picardy. One fortified post after another fell into his hands. On July  he july. forced the passage of the Somme, and on August 5 Agst. he entered Corbie as a conqueror. The French troops retreated behind the Oise, and the road to the heart of France seemed to lie open to the invaders. It was well known in France that this attack had been jy. assisted by English aid. The Count of Ofiate, the Spanish ,cy «,,. son of the able diplomatist who had long represented vey«d in Philip IV. at Vienna, had lately arrived as the am- English p». bassador of Spain in Egland. The Eglish vessel in which he had taken his passage had on board a large SUln of '  Coke to Arundel, Jub" o, s. '. Germaç,. -" Leicester to Coke, July 9 ; Cke to Leicester, July 2o, 5: _P. 'rance. VOL, VIII. BI 16z ARU'DEL'S ,IIISSIO«V TO VIFNNA. CH. Lxxx. money destined for the payment of the Cardinal Infant's anny, and this money was conveyed across the Straits by an order from Windebank, though the King intended it to be stopped till two-thirds of it had been converted into bills of exchange. The difference, sl,_ght in our eyes, was an impor- tant difference then, and Charles sent Windebank for a short rime into confinement. The rumour was spread that both Windebank and Cottington had been bribed by the Spanish ambassador, and Charles for a moment credited the story. His anger, however, soon cooled down, and neither the Secretary nor the Chancellor of the Exchequer felt any serious conse- «luences of the mistake which they had colnmitted, t I Jeicester's negotiation was hot rendered more easy by the evidcnt leaning of Charles to Spain. He told his toaster that in his opinion the terres he was instructed to offer August. Leicete's were insufl-icient. Father Joseph, Richelieu's con- dimculties, ridant, allowed the feelings of the French Govern- ment tobe plainly seen. "We will perform ail we promise,' he said, "and more too, but we are not willing to be drawn on further till your toaster resolve ; for perhaps all that you do with us you make known to the Emperor, that he may see what we have offered, and so judge us tobe in great need of your assistance, and that you may obtain better conditions of the Emperor ; and then you will quit us." Leicester knew how well-founded these suspicions were. " Therefore," was his comment on Father Joseph's words, in writing home, "if I can at all guess at them, they must be honestly and plainly dealt with. They hold it unequal that they should be bound to continue in a war by any that will hot be engaged in it." Charles could hot deal honestly and plainly. Leicester found it hard work to clothe his master's hesitating The nego- tiationcon- utterances in diplomatie language. The French tinued. ministers had nothing to conceal. "We will hot de- ceive you," they said, "and therefore do hot deceive yourselves.  Windebar.k to Juxon anti Conington, July Iz. Windebank to the King, Sept. , Clar. S. P. i. 588, 634. Correr to the Doge, Aug.6 l'ên/ce Sept. $  #lS: Koe to Elizabeth, July 2o, .ç./'. Do». cccxxix. 1636 LEICESTEI¢'S A'EGOTL/I TION. 163 If the King your toaster will have such assistance as we have offered for the recovery of his nephew's estates and dignities, we expect that he join thus in league as we have proposed ; for without that we declare unto you that we can do nothing. If he will not do so, well ; we are content and continue friends as we are, and leave unto the King the recovery aforesaid by his own power, or how else he shall think good, but we believe that without this he shall hardly be able to effectit." Richelieu knew his man, and contented himself with carrying on a negotiation which might serve to keep England aloof from a Spanish alliance. Articles of a treaty September. Articles dis- were accordingly drawn up and discussed. Charles, however, insisted that ail words binding himselfshould be as vague as possible, and that all words binding the King of France should be as strict as possible. For ail practical objects the negotiation at Paris had failed as hopelessly as the negotiation at Vienna. By the end of September Arundel's protracted stay at the Emperor's Curt had served its purpose, so far as it was pos- sible for it to be of any avail at ail, and on the 27th orders for his return were despatched.  Leicester remained at Paris, weaving his Penelope's web of diplomacy without Penelope's pleasure in the delay. He was one of those who would gladly bave seen the relations between England and France more intimate than he was allowed to make them. As the weeks passed on the position of the French Government improved. Ail classes had cheerfully responded to Richelieu's demand upon their patriotism. Failure of thein,,a»ion tholics and Protestants had stood shoulder to of France. shoulder against the invaders. The Spanish onset was arrested. Louis took the field in person to recover the ground which had been lost by his commanders. On his match he was cheered by good news flore Germany. Sept. Battle of The Swedish General Baner had gained a victory at Wittstock. Wittstock, and was pressing forwards into the heart of Saxony. The allies of Prague had failed to dictate their  Leicester to Cke, Aug. 8, 16, S. /. France.  Coke o Arundel, Sept. 7, S..P. Gernany. 64 ./IRUV.DEL'S J¢'Z&ç}OzV TO VZEAVVA. CH. LXXX. will to the Empire. Belote the end of the year Corbie had been regained, and the flag of Spain no longer waved over any corner of French soil. The tide which had set steadily in favour of Spain and the Empire since the day of N6rdlingen was stayed at length. In the face of these events Charles was still wavering and uncertain. He was still taking thought how he might recover o«t«, the Palatinate without striking a serious blow. He c,-pt- still believed it to be impossible that both France pones hls decision, and Spain should refuse his terres. To the urgent entreaties of his courtiers who were crying out for war, he replied that he must await the course of Leicester's nego- tiations. He informed his sister that he wonld allow her son a pension of ,oool. a year, but that she must hot expect more for the present. Laud was instructed to convey to her the disappointing intelligence. "To maintain a land army in (]elmany," he wrote, "and pursue the cause that way, his Majesty, upon most serious consideration of his estate finds ueither fit nor feasible for him at the prescrit." Laud took little interest in foreign politics. His own feelings were ex- pressed to Wentworth. " In nly judgment," he wrote, "the Earl of Leicester writes more like a councillor of France than an ambassador of England .... Well, so a war and the mis- chief which must follow be kept off, I shall care the less." l It would have been well for Charles if he could have kept himself entirely clear of these foreign complications. Ex- cepting so far as l)unkirk was concerned, no national English interest was invohed in the hostilities which were raging on the Continent, and there was no longer such an issue belote the world in the Gennan war as to call upon ail nations to take a side. The point of view from which the modern student is tikely to regard the great struggle on the Continent is indeed Strength of very different from that which engaged the attention tolerafion, of the statesmen of Çharles's reign. It mattered little to the general progress of Europe whether France should t Laud to Elizabeth, Oct. 3 ; Laud to Wentwoith, No'. I5, Dec. 5, U{,rA's, vil 2S9, .293 3oo. 1636 aVROGI?ESS OF TOL.E1L-tTION. I65 extend ber frontiers in the direction of Flanders or of Alsace, or whether the Princes of Germany who had been excluded from pardon by the Peace of Prague should be allowed to retain their terlitories. It mattered, however, a good deal that the principle of toleration should be strengthened, and it is un- deniable that the course of events on the Continent had been such as to favour its increased acceptance. Even the Ena- peror had acknowledged its power, as it was only by the revocation of the Edict of Restitution that resistance to his enemies had become possible, whilst the States-General owed much of the renewal of their strength to the favour accorded to the Arminians by Frederick Henry. In France the star, dard of toleration was held the highest. Richelieu had succeeded in beating back the invaders of his country because his eccle- siastical policy was precisely the opposite of that which seemed right in the eyes of Charles and l Jaud. The rulers of England strove to enforce uniformity, in the hope of reaching the strength of unity after a period, longer or shorter, of severe pression. R1chelieu sought strength by fiankly acknowledging the differences which existed, and by appealing to the common patriotism of those who in religtous belief stood apart at a far wider distance than that which separated Laud from the most fanatical Puritan in England. Although the day would corne when Richelieu's work would be shattered by a bigoted king, it had been donc Example of w« hot for the French nation only, but for all nations tolcration, and for all time. The practical demonstration that toleration did not bring forth national weakness would not be thrown away. Itis not tobe denied that the adoption of a system of toleration would have been in some respects attended with greater difficulties in England than it was in France. What was granted in France was a local toleration for those who lived in certain places. Nothing of the kind would meet the requirements of England. Toleration there must be not local, but universal. The men who reverenced the communion-table as an altar, and the men who Iooked upon it as a mere table to which no reverence was due, lived side by side in the saine t66 ARUA:DEL'S AIISSIOW TO VIENA.,4. cH. LXXK. street. Here and there a few enlightened spirits, or a few sincere believers whose eyes had been opened by the persecu- ion to which they had been exposed, might welcome the idea of mutual toleration, and the time would one day corne when the light shining fitfully in the midst of darkness would kindle a great tire to burn up the bouses of oppression. It is hot, how- ever, by new and great ideas alone that tlae world is saved from misery. They cannot do their work till the conditions of growth are satisfied and the seed has found its appropriate soil. The main condition of toleration was the absence of fear lest toleration should be used as a means of attack upon those Conditions who granted it. The discovery that the dominant oftoleration, religion in France was in no danger from the assaults of the Huguenots had marie toleration possible there. Laud had no such comforting assurance in England. As the leader of a governing minority, he was beset with fear that his work would crumble away the moment the strong hand of Govern- ment was withdrawn from its support. All the more tolerant maxims with which he had started  were stripped away from him by the falseness of his position. In proportion as his weakness grew more evident his intolerance increased. The truc word and thought could hOt proceed from one who was occupying the ground on which he was standing. Not till a Government arose whose ecclesiastical institutions rested on the conviction of the nation, and which could therefore afford to deal generously with the few who held divergent opinions, would the doctrine of toleration take its place anaongst the accepted principles of English politics. It is only necessary to glande at the events which were taking place in New England to acquire a conviction that intolerance Ch,c«s oe was the product of fear far more than of intellectual tol«,,tionN«, i, conviction or theological hatred. It was fear which ngna. ruade Laud sharp-sighted to spy out future danger to England from the establishment of Puritanism in America, and it was fear which ruade those very Puritans who had fled from persecution at home ready to root out the elements of disordex in their new abodes.  See Vol. VII. p. I2 4. 1636 NIz'lV EAGLM.VD TttREM TEA'ED. 67 Laud clearly perceived that the danger of spiritual contagion could nom be confined within anygeographical limits. The few ,6 nundreds of Puritans who had establihed themselves Apri128. in Massachusetts might easily obtain an influence Colonial «o,imiio,,. over thcse like-minded with themselves in England, whilst the hope of finding a refuge beyond the Atlantic might serve as an encouragement to the nonconformists at home. As his manner was, Laud went to the root of the difficulty. In April 1634 , a commission, of which he was himself the head, was appointed to take ail English colonies under its control; ' to make laws, orders, and constitutions ;' to establish a clergy, supported 'by tithes, oblations, and other profits ;' to remove the governors and other officers, to inflict punishment, to set up ecclesiastical courts, and to call ail charters in question before a court of law, if they .ere found to contain privileges injurious to the Crown or to the King's prerogative. 1 In the following December the Privy Councfl placed further December. restrictions on emigration. No man of sufficient Order for means tobe rated on the subsidy books was to go to limiting emigration. New England without a special licence from them- selves, and no poorer person was to go without a certificate of conformity from the minister of his parish.  In the following April the Council of New England, which had for many years exercised a nominal authority over the ,6». settlements, surrendered its powers to the Crown, on April. T«Cou,«n the understanding that the lords and gentlemen of «"«' whom it was composed should share amongst them- England surrenders selves the whole of the territory lying between ¥ir- its powcrs to t« Cow. ginia and the French colony on the St. Lawrence. These lands they were to hold directly from the King. Belote the end of the year all legal difficulties were cleared from their way. At the application of the Attorney-General, the Court of King's Bench declared the Massachusetts charter tobe null and void. t t The Commission in I-fazard, i. 344, is a reissue after Juxon beeame Treasurer. « The Commissioners to the Warden of the Cinque Ports, tZazard, i. • Palfrey, I-[istory of]Vcv England, i. 39 I. 68 AI?U2VD_.Z'S IISSION 7"0 VIF_.NNA. cH. ir Ferdinando Gorges was chosen as the first Governor of the colony under this new arrangement. Yet even in the x634. Privy Council voices had been raised against the Resistance impoticy of forcing the Church system of England in Arnerica tothe upon the Massachusetts settters.  In Massachusetts threatened changes, itself the whole colony prepared for resistance. In I634, with the first news of the danger, orders were given to erect fortifications, and captains were appointed to train for military service those who were unskilled in the use ofarms. The next year still more stringent measures were adopte& 63s. Every resident was ordered to take an oath of fidelity to the local Government, and a military commission was intrusted with unlimited powers 'to do whatsoever might be behoveful for the good of the plantation in case of any war that might befall,' and even to imprison and confine any that they should judge to be enemies to the commonwealth ; 'and such as would not corne under command or restraint, as they should be required, it should be lawful for the Commissioners to put such persons to death.' " The assumption of independent authority by the colonists, and their use of it to secure the exclusive maintenance of their A.,spion own creed, had caused indignation at home. The oi,de»e» Council of New England, in surrendering its charter, dent authr- ity. complained that it was unable to control men who had ' framed unto themselves both new laws and new conceipts of matter of religion and forms of ecclesiastical and temporal orders and government, punishing divers that would not approve thereof, some by whipping, and others by burning their houses over their heads, and some by banishing and the like ; a and all this partly under other pretences, though indeed for no other cause save only to make themselves absolutely masters of the country and unconscionable in their new laws.' Such was the view of the proceedings of the Massachusetts settlers which prevailed in the English Court. So far as it was rue, the strictness of the local government is tobe excused  Joachlmi to the States-General, Narch '__7 ldd. IISS. 7,677 O fol. "ox.  2alfrey, i. 394-  ' For the like' in tlazard (i. 39o). ! 636 ,lçA SSA CtI USE TTS. 169 on the saine ground as Laud's eater severity in England, Obstacles to if either :_s to be excused at all. Fear, nmch more toraton, than bigotry, was in both cases the parent of in- tolerance. In the Dutch Netherlands, the victory of Calvinism in 68 had been so complete, and the political weakness of the _Arminians had been so anaply demonstrated, that it had recently become possible to allow the proscribed Arminian teachers to return to their bornes, and to gather around theln congregations which were never again likely to become dan- gerous. In England it was as yet otherwise. Laud lived in con- stant apprehension that if he relaxed his efforts for a moment, Puritanism would arise as a flood to sweep away himself and all that was dear to him. As it was in the Old England, so it was in the New. The guardians who presided over the fortunes of the settlement feared the disintegrating power of men who woùld advocate Laud's principles amongst them more than they feared ail the military forces which he could send against them ; as the watchman who secs with equanimity the dash of the surf upon the dyke which he is appointed to maintain intact, will yet shudder at the tiny rill of trickling drops which percolates through its sides. Every year the position of the Puritan colonists was growing stronger. Large numbers had joined them in x634. In x635, ,cra« in spite of the restrictions imposed by the Council, thecolony, three thousand persons added themselves to the community. The Metropolitical Visitation was doing its work for them. Their leaders might defy the English Government, but they were sufficiently prudent to repress every action which might imply personal disloyalty to the King. Endicott, the founder of Puritan Salera, came to the conclusion The cross to,, o,t o that the cross in the English flag was a symbol of thg. Popery, and tore it out fiom one which was flying at Salem. Though the feeling which prompted the deed was too widely spread to allow the magistrates to oder the re- placement of the flag, they directed that the royal standard bearing the arms of England should be set up where it might be seen by all vessels approaching the coast.  Almost at the 7o .dRUA'DEL'.ç JIISSIOW TO VI.V1VA. CH. LXXX. saine rime they banished Roger Wil]iams from the colony. The young preacher, who combined the most scep- Baishment o«gog« tical and combative of intellects with the warmest wim, and most affectionate of hearts, had passed a lire of combat ever since he first landed in the settlement in i63i , when he had startled ail around him by announcing, amongst other unusual opinions, ' that the magistrate might hot punish the breach of the Sabbath or any other offence as it was a breach of the first table,'--a view which may perhaps be eon- sidered as the germ of the doctrine of toleration of which he was afterwards fo become the consistent advocate. He now gave offence in another way; for he argued that the King had no right to gmnt to his subjects lands which in reality belonged to the Indians, and that the patent by which they held the territory of Massachusetts was for that reason null and void from the beginning; whilst he had also argued that the magistrates had no right to impose the oath by which they were binding all residents to defend their homes. Williams wandered away into the wilderness to found the settlement of Rhode Island, the first Christian community, which was established on the basis of the open and complete acknowledgment of religious liberty.  The causes which were driving into exile thousands of men unknown to faine, turned towards the New England settlements Le« w- the thoughts of a class of men who had hitherto felt wick'sin- little synpathy with the Separatists. The Earl of terest in the -o» Warwick had been the President of the Council of New England; but there had been some estrangement be- tween him and the other members, and in J63 he had either resigned or had been expelled from his post. It is probable that the quarrel arose from a difference of opinion relating to the course which affairs were even then taking in the Massachusetts colony3 Warwick was passing from the turbulence of earlier years into the steady and resolved Puritanism of maturer lire, and into a feeling of confirmed opposition to the Court, the flames of which had been fanned by the attack ruade in the  Pa'o', i. 406. " As suggested li- Mr. Palfrey, u 399, note. 1636 CO'VA'E C TIC UT. 17  Forest Court in I634 upon the landowners of Essex. In i632 The sertie- he had ruade over a grant which he held of lands in ,e,,t of Connecticut to several persons, amongst whom were Connecticut. two Puritan peers, Lord Saye and Lord Brooke, the latter the cousin and heir of Fulk Greville. It was not till 635 that they thought of making use of the lands which had been conveyed to them. In that year they sent out a small number of persons to the new settlement, but the bulk of the inhabitants came from Massachusetts. j In one point alone the new settlers differed from the old colony. Church membership was hOt to form the qualification for citizenship. The extreme tension of feeling whlch produced and maintained the strict ecclesiasticism of Massachusetts gave way as soon as it ceased to be fanned by opposition. The Puritan noblemen had even thought of joining the ride of emigration themselves; but they had as little conception x634" as Laud had of the real requirements of colonial life. l"nglisla When, in 634, Lords Saye and Brooke, with others noblemen prop,seto of their friends, proposed to transfer themselves to setle in l,«h,- New England, they clearly expected that they were setts. to be the first in rank there, as they were at home. They asked for the establishment in their own favour of an hereditary peerage, from the ranks of which alone the Governor They de- should hereafter be chosen. The members of this md th peerage were to bear the simple style of gentlemen, ¢reation of a p« 'and for the present the Right Honourable the Lord Viscount Saye and Sele, the Lord Brooke, who had already been at great disbursements for the public works in New Eng- land, and such other gentlemen of approved sincerity and worth as they, before their ersonal remove, shall take into their number, should be admitted, for them and their heirs, gentlemen of the country ; but for the future, none should be admitted into this rank but by the consent of both Houses.' A body of hereditary legislators with a veto upon the increase of their own numbers was an idea which found as little favour with the ecclesiastical democracy of Massachusetts as it would bave found with the ecclesiastical monarchy of Laud. The  Pa,'fi'y, i. 45 o. r7 .4RU2VDFL'S «IlISSION TO l/'IFl¥2&rA, cri. Lxxx. settlers thanked the lords for their offer. The country, they x636. said, 'would thankfully accept it as a singular t ir,- favour from God and from them, if He should bow jected, their hearts to corne into the wilderness and help thetn.' "When," they added, "God blesseth any branch of any noble or generous family with a spirit or gifts fit for govern- ment, it would be a taking of God's name in vain to put such a talent under a bushel, and a sin against the honour of magis- tracy to neglect such in out public elections. But if God should not delight to furnish some of their posterity with girls fit for magistracy, we should expose them rather to reproach and prejudice, and the commonwealth with them, than exalt them to honour, if we should call them forth, when God doth hot, to public authority."  Nothing was said in the last sentence which the Massachu- setts settlers had hOt already shown themselves prepared to xs. carry out. In i635 young Henry Vane, the son of v,,, i. the Comptroller of the Household, landed at Boston. Massachu- setts. His desertion of his native country had been but one instance of the repellent e,Tect exercised by the atmo- sphere of Charles's Court upon young and ardent minds. As a boy of fifleen he had felt that influence of religious self- devotion which so oflen breathes a spirit of earnestness into the heart upon the threshold of manhood. In his case the change was hOt evanescent. His opinions were hOt affected by a residence at Oxford, where he was  Palfre_v, i. 389, note. The following extract from a sermon preaehed in t642, Go«fs waiting to begracious, by Thomas Case, does not seem quite to suit this attempt :- " Preparations were ruade by some very eonsiderable personages for a Western voyage, the vessel provided, and the goods ready to be carrled aboard, when an unexpeeted and almost a miraculous provi- dence diverted that design in the very nick of time." Is it possible that Case referred to the alleged emigration of Hampden, Pym, and Cromwell ? The story that they were to bave gone is, indeed, too late in its origin to bave much value, and Mr. Forster (Lire o[l),m, g} bas shown that they could not have been stopped in 638. It does not, however, follow that the tale is entirely without foundation, and the cause of stoppage may bave been the order of December, 634, mentioned at p. I67. If there is any truth in the story, I634 is a more likely date thaxa 638 , when the clouds were beginning to lift. unable to matriculate in consequence of a refusal to take the oaths of" allegiance and supremacy. It was perhaps to wean hiln rioin these fancies that his father sent him to Vienna in t63t" I63 in the train of the ambassador Anstruther. - vt His Puritanism must have relaxed by this time, or Vienna. Anstruther must have been ver), confiding to the son of a minister so high in Charles's favour. All the secrets of the embassy were laid open to him, and in this way he, almost alone of all men hOt within the circle of the King's interior cabinet, became to some extent acquainted with the secret league designed by Charles and the Spanish Government for an attack upon the I)utch Republic.  When he came home he was looked upon as in the fair way to the highest 6» honours. " His French," wrote Sir Toby Matthew to the eld«r Varie, "is excellently good, his discourse discreet, lais fashion comely and fait, and I do venture to foretell that he will grow a very fit man for any such honour as his father's merits shall bespeak or the King's goodness impart to him. '' ]ut young Vane's secret must have been a heavy burden on his mind, and may well bave had its effect in alienating him 3et more from the Court. In 633 his Puritanism took a sharper form. The K ing himself interfered to save him from that which he regarded as his folly. A conference with Laud ended by leaving both parties in the mind in which they had corne, and at last Vane, in order to escape from domestic 63s. disquiet, announced his intention of emigrating. In vn«i- October 635 he arrived in Massachusetts. Voung grates. as he was,--he was but twenty-three,--his opinion was at once sought in matters of moment, and in 636. the following year he was elect«d Governor of the settlement, s  Wood, At. Ox. iii. 578. « It is generally said erroneously, on Winthrop's authority, that he was attached to his father's embagsy.  His letters in French to his father from Vienna in the A'ate «pers, ç¢r,an,, reveal this. Clarendon says he went to Geneva. I suspect he merely knew that he had been abroad sonewhere.  Matthew to Vane, Match 25, 162, S. r. Z)ar. ccxix. 64. » Winthrop's [-istary, i. o3,  . x74 ARUA'DEL'S ,].IISSION TO I.'IEA'_A'A. CH. LXXX. It was a rime of unexampled difficulty. Stern and unbend- ing as the theology of the settlers appeared in the eyes of M,. Arme ordinary Englishmen, there was a theology more stern Hutchinson. and unbending still. Its advocate was Arme Hutch- inson, who had landed in the colony with her husband in I634. She asserted that sanctification was no test of justification, and that those alone were justified in whom the Holy (;host dwelt. Within the narrow limits of the Separatist churches, she drew a limit yet more narrow, a limit undefinable by any outward or moral test. There was, she said, a covenant of grace and a covenant of works. By-and-by, provoked by the antagonism raised by ber assertions, she proceeded to assume the insight which she denied to others. She pointed out the ministers who favoured ber as being under the covenant of grace, and declared that the lninisters who opposed her were under a covenant of works. The wrath which these denunciations aroused was great. Men who had been regarded with the highest respect as pre-eminent for Christian graces, and for the fulfilment of Christian duties, men who it may be had sacrificed their homes and their friends in England for the sake of their faith, found themselves pointed at with the finger of scorn as undeserving of the very naine of a Christian. Mrs. Hutchinson was no mean antagonist. Her voluble tongue, her readiness of argument and illustration, together with her earnestness of purpose, soon procured her numerous followers. She gathered large nulnbers of women for religious discussion, and sent them forth to convert their husbands and brothers. The infant commonwealth was threatened with disruption. At last the angry feeling came to a head. One Greensmith I637. M arch. Grcensmith fined. Whel- wri-ght's with thei for battle was fined for saying that only two, or at most three of the ministers, were under the covenant of grace. Then came a serlnon from Mrs. Hutchinson's brother, Mr. Wheelwright, urging those who were on his side to prepare for a spiritual combat, in which they were to be like the valiant men round Solomon's back swords in their hands, and to make themselves readv lest those under the covenant of works should prevai| ! 637 ,IlRS. HUTCHIN.çO,V 175 against them. He treated the New England ministers, in short, just as Leighton had treated the bishops in England eight years before. For this sermon he was adjudged to be guilty of sedition, though it was not immediately determined what penalty should be imposed upon him. In the discussions which had taken place Vane had sided with Mrs. Hutchinson. His own mystical temperament at- tracted him to her doctrines, whilst the absolute cha- Vane sides with Mrs. racter of his intellect led him to throw asde ail those Hutchinson. considerations for the danger of the commonwealth which weighed deeply with most of the men who, like Winthrop, had long watched over its fortunes. He had conceived the noble belief that religious intolerance was a crime, and he was shocked to hear the imputation of heresy mingled with the imputation of unruliness in the charges brought against Mrs. MaytT. Hutchinson by her adversaries. On May 7, 637, Vn« re- when his year of office vas at an end, Winthrop was jected for Winthrop. chosen Governor in his place after the first contested election in the New World. The first result of the new ad- ministration was a law giving power to the magistrates to refuse to admit into the settlement persons of whom they disapproved, so as to anticipate the scheme which they attributed to Mrs. Hutchinson, of flooding the colony with her partisans from England.  A paper discussion ensued between Vane and Winthrop. At once the controversy was lifted out of the regions of tierce Discussion recrimination and angry polemics to the calmer b«tw««n atmosphere of principle. Winthrop held that the Varie and Winthrop. colnmonwealth had a right to refuse admission to its soil to persons who endangered its peace and even brought into question its future existence. Vane, besides arguing that the rules laid down in Massachusetts must be such as would stand with the King's superior authority, took far higher ground. Under the theological form vhich was natural to his own mind and to the subject -hich he was handling, he declared his conviction that no State had a right to suppress  PaoErey, i. 47z. Winthrop's History, i. 39- Wimhrop's L af Vinthro, ii. 175- ]76 ARUNDEL'S 2[ISSION TO VIENWA. CH. LXX:K. liberty of speech and thought. Winthrop had argued, he said, that Wheelwright's opinions would hot 'stand with external peace' but would 'cause divisions'and would make the people look at their magistrates, ministers, and brethren as enemies to Christ. What then? urged Vane; had not Christ distinctly said that be came not to send peace but a sword ? This is the thought which runs all through Vane's argument.l Winthrop's position was substantially the saine as Laud's. With the wil- derness to fall back upon, he could be content with banishment instead of the pillory, but the principle which he advocated was the saine as that which was accepted by the English Star Chamber. Vane cut boldly at its foot. This peace, he said in effect, which )'ou aire at, this avoidance of strife, is the sign of death. Life is a battle and a conflict, and you must submit toits conditions if you are to win its prizes. In thus anticipating the central doctrine of the Areobagitica, Vane spoke a truth for all ages. It does not follow that his ideal could be realised immediately. Gold, itis said, theory hot may be bought too dear, and there may be sacrifices to be rea- . t which are too great to make even for the sake of the °¢«" pearl of liberty. Those who possess the power to tolerate diversities of opinion may fairly ask that the concession ruade will hOt be used as a lever to overthrow by violence the whole fabric of society. In Massachusetts it was impossible to feel any such assurance. The elements of which the colony was composed were exactly those most likely to be goaded into tierce antagonism by theological discussion. There was no population half-sceptical, half-careless, to keep the balance between rival churchmen, or to trim the vessel from rime to time so as to restrain the hand of the Fersecutor. Above all, as Winthrop knew well, dissension in Massachusetts would be l,aud's opportunity. Unless the settlement could continue to show a united front to the mother country, its dangers would be immeasurably increased. Winthrop felt that he was prac- tically in the position of the commander of the garrison of a besieged fortress. Many things allowable and praiseworthy in  Winthrop's declaration, with Vat:e's reply and Winthrop's rejolnder, are in Hutchinson's Collection, 6 3. I637 21IA t'LAVD. 177 time of peace are neither allowable nor waiseworthy in rime of war. He felt towards Vane and his theories very much as Cromwell felt towards them when he drove him out of the House of Commons with the cry" The Lord deliver me from Sir Harry Vane." The day bas corne when it is possible to do justice to Winthrop and Vane alike. For the moment there was no place for Vane any longer in Massachusetts. After a V 'S r = ,,o brief delay, he took shq» to return to England. His Egland. visit to the New World had cnded in apparent failure ; but the seed which he had sown had not been thrown away. It would reappear in due season to bear fruit for tbe nourish- ment of Europe and America. Strangely enough, at the very time when the ideas of toleration were put forth in vain in New England, another ,a. part of the American Continent was witnessing their tio«' practical adoption. In 6:3 Sir orge Calvert, settlement i N«- afterwards the fit Lord Baltimore, had. whilst foundland, still Secretary of State, received a grant of New- foundland. After his change of religion and his consequent resignation of office, finding little scope for his energies in Egland, he had devoted both time and means to the en- couragement of the colony. The poverty of the soil and the climate were against him, and after a long struggle with the forces of nature, he determined to transfer his operations to a lnore southern land. A visit to Virginia in i68 t68. His visit to ended in the aefusal of the settlers to allow him Virginia. tO dwell anaongst them unless he would take the oaths of supremacy and allegiance, and he thus became convinced that it would be necessary for him to seek new territory, if he was to find shelter for his co-religionists from the English law. The land which he chose was that to which Charles gave the naine of Maryland in honour of his Queen. e real ,63. founder of the colony indeed did hot lire to witness April 5. the completion of the charter of Maryland • but his Death of  r«itim,, son, the second Lord Baltimore, succeeded to his American projects as well as to his peerage. VOL, VIII, N t78 ARUIVD£L'S «lllSSIO.V TO VI.E.V'VA. CH. LXXX. The charter granted by Charles has an interest beyond its bearing on the institutions of America. Copied word for word from the earlier charter of Newfoundland, except Châtrer« where differences were absolutely required, it reveals x«rytna, the ideal of monarchical government which was pro- mulgated by James and adopted by his son, as clearly as the ideal of aristocratic government entertained by the Puritan lords is depicted in the overtures of Saye and Brooke to the settlers of cus«e- Massachusetts. Lord Baitimore, whose authority in !ating to Maryland was to be truly of a kingly nature, was to civil govern-  ment. be the proprietor of the colony, and this proprietor- ship was to desceud to his heirs. The government was to be a ,:onstitutional one, as James and Charles understood the con- stitution of England. New laws could only be ruade by Lord Haltimore himself, ' with the advice, assent, and approbation of the free men of the saine province, or of the greater part of them, or of the delegates and deputies.' It was the right of counsei, hOt the right of control, which was conceded. The free men and the deputies were hOt to make laws without the consent of the proprietor. If sudden accidents happened, Lord altimore might issue ordinances to bave the force of law, provided that thev were consonant with reason and the laws of England, and did hOt violate the right of any one ' in member, lire, freehold, goods, or chattels.' The appointment of judges and magistrates was to test with the proprietor, who was also to exelcise the functions of conunander-in-chief. The thory of government thus propounded was so difficult to remise in England, and so impossible to remise in a new ct,« «- colony, that. except for the light which this part of latine: to the charter throws upon the ideas which prevailed in eccleiasti- «, go,.em- the English Court, it wou)d be unnecessary to refer to it here. It is otherwise with the brief phrases relatirg to the religion of the future settlement. ]3altimore was entrusted in Maryland, as he had been entrusted in Newfound- land, with ' the patronage and advowsons of all churches which, wth the increasing worship and religion of Christ within the aid region, hereafter shall happen to be built ; together with licence and faculty of erecting and founding churches, chapels, 163 TttE M'AR I'LA,:'D CttARTER. 179 and places of worship, in convenient and suitable places, within the premises, and of causing the saine to be dedicated and consecrated according to the ecclesiastical laws of England.'  The retention of the exact phrases used in the New- foundland charter requires explanation. When inserted in .»r-,ntion the grant ruade in 623 to a Secretary of State who of thelatter. WaS still a member of the English Church, they would undoubtedly act as an establishment of that Church in the colony, though it would be an establishment arising rather from the goodwill of the authorities of the settlement than from any words in the charter itself. The proprietor was empowered to found churches, and to have them con- secrated according to the laws of the Church of England, if he chose to do so ; but there was nothing to compel him to do this unless he pleased, or to prevent him from founding other Catholic or Nonconformist places of worship by the side of the churches consecrated after the directions of the charter. It is impossible to suppose that words so vague in their meaning were re-inserted in the Maryland charter without due ,ob,1 deliberation. It was notorious in 632 that both the understand- i,g between first Lord Baltimore and his son were Catholics, and Baltimore that they intended to establish in Maryland a place and the King. of refuge for English Catholics who wished to escape from the penal laws. May it not therefore be taken for granted that the phrases of the charter were intended to cover a secret understanding between Baltimore and the King? Charles could not, with any regard for the necessities of his position, make mention of his purposed toleration of the Papal Church in Maryland. Neither could he, if he meant to favour Balti- more's object, insert words in the charter compelling the sole establishment of the English Church. The clause as it stood would look like a provision for the maintenance of English Church forms without being anything of the kind, and the success with which this object was achieved may be judged * Bozman's Hist. of3Iaryland, ii. l. The Charters may be compaled on the tatettt .olls, 2 James I. Part 9  8 Charles I. Part 3. iN 2 18o ARUNDEL'S II[ISSION TO I.'IE3,'3,A. cH. LXXX. from the fact that even in our own day an American writer has thought himselfjustified in so interpreting it. What was the exact nature of Charles's understanding with Baltimore cannot now be ascertained. But, judging from what followed, it is probable that there was an engagement on the part of the proprietor that if the English Government threw no obstacles in the way of the development of his own Church in Maryland, he would allow no interference with such of the colonists who were and chose to remain Protestants. The colonists, in fact, who sailed in November 1633 , number- 63s. ing between two and three hundred, were a mingled 'Vh« co- body of both religions, though the few gentlemen who Ionists a ,i.,l body. took part in the enterprise were almost, if hot quite all, Ctholics. Baltimore did not himself leave England, but 16s«. he deputed his brother, Leonard Calvert, a Catholic lXlarch 7- like hilnself, to act as (;overnor in his naine. The "!.%èy land i,laryland, settlers landed in Maryland on March z7 of the following year. Three years later a struggle began for political rights. The colonists firmly resisted the claire of the proprietor to dictate 637-9. their laws, and they marie good their opposition .truggle for with little difficulty. From the beginning there had political rights, been no thought of hostility between Protestants and ïo«t;o, Catholics, and whatever germs of discord may bave .-ecred in »«d. lain hid were stifled in the b.armony arising from ioint resistance to the saine political adversary. In 1639 Lord Balti- more gave way, and permitted an assembly to frame its own laws. Its first act was to acknowledge distinctly the position of the Church of Rome. "Holy Church within this province," it was declared, "shall bave ail ber rights and liberties." At the saine  In the Com«mpor«ry oe'iew for Sept. $76, Mr. Neill, in criticising various statements about the colonisation of Maryland, argues that the harter, ' while reco;znising Christianity in general terres, confined its development within the Church of England.' I believe the interpretation given above is more correct, and I ana quite sure that Mr. Neill is wror, g in saying that the 'Holy Church,' which, according to the statute of 639 , was to ' bave ail her rights and liberties,' was ' that of the charter, the Chur6h of England.' Such a phrase was never, to my knowledge, applied to the Churh of England, after the Reformation. 639 TOLERM TION .'IV .IIM R t'LM ND. I 81 time another Act was passed, to secure all free Christian inhabi- tants in the enjoyment of ' all such rights, liberties, imlnunities, privileges, and free customs, as any natural-born subject of England bath or ought to have or enjoy in the reahn of Eng- land, saving in such cases as the salue are or may be altered or changed by the laws and ordinances of this province ;' and this Act secured what had never been questioned in Maryland, com- plete liberty of Protestant worship. It was thus that, while Roger Williams and Vane preached to deaf ears in Massachusetts, the force of circmnstances brought the followers of opposing creeds in Maryland, in their inter- course with one another, to give prominence to the points in which they agreed rather than to those in which they differed. In Maryland the Protestants, slack in zeal and dependent for organisation upon their Catholic leaders, in all probability never thought for an instant of erecting a dominant Church, whilst the Catholics, planted in the midst of zealous Protestant settlements on either side, and depending for support on the goodwill of the King, could hot venture, even if they had wished it, to oppress their Protestant fellew-colonists. The story of Maryland was to some extent an anticipation of the future story of England. In England there was to be a Comparlson struggle for political rights, which was to lead to the bt,,,««n acceptance of the doctrine of religious toleration for llaryland and Eng- those who stood together in resisting oppression. land. That struggle indeed was to be far harder and far longer than the one in the clearings of the woods by the side of the Chesapeake. Yet this compensation, at least, was given to the horrors of rhe strife, that the demand for toleration clothed itself in fitting words, and that the voices of Milton and Vane and Cromwell lifted up a standard round which the thought of the world might rally, and which would make the acquisition of religious llberty not a fortuitous occurrence leaving no lesson behind it, but the victory of a truth for all times and all nations. ! l?ozntan, ii. o7. CHAPTER LXXXI. THE COURT-MARTIAL ON LORD MOUNTNORRI$. TIIE doctrine announced in June i636 by Berkeley from the ]3ench,  and in July by Coke at Oxford,  was nothing less than • 636. the fu[1-blown theory ofabsolutism. Sooner or later jus« the question 'hether the supreme power was lodged Theory of Charl«» in the King alone, or in the King acting in con- govern- ,«t. currence with his Parliament, was sure to be merged in the larger question whether the King could permanently exercise authority in defiance of the nation. That further question was now distinctly put. Of the daim to Divine right which fills so large a space in the minds of modern historians, which was first put forward by Imperialist and Royalist oppo. nents of the Papacy, and which even in Charles's reign formed the staple of many a village sermon, little was said by the King's leading supporters in Church or State. Such men con- tented themselves with disengaging from the storehouse of older constitutional principles the theorv that the King was vested with the power of finally deciding what was for the interest of the nation. It was hot by inventing anything new, but by thrusting out of sight those considerations by which this theory had been balanced, that an arbitrary and despotic Government was erected in England. Ostensibly, at least, Charles's government was a legal one. He was ready at any rime to submit his pretensions to the Itsostensible judges, though he had taken good care that no legality, judge likely to dispute his will should have a seat on the Bench. The Petition of Right was still acknowledged to  See page zo 3.  See page 4'. 1636 I'EA'2"II'ORTH M,VD THE COURT. 83 be in force. It was, however, of little avail to a prisoner to be able to compel his gaoler to present him before the King's Bench with a written signification of the cause of his com- mittal, if the judges of that court were certain to refuse to give him relief, and if the mere fact of his having appealed to them in vain was equally certain to bring upon him a heavy sentence in the Star Chamber, should ill fortune bring him there. The most important clause in the Petition, therefore, had become a dead letter, not because the judges had openly refused to take it into consideration, but because no prisoner since Eliot had thought fit to avail himself of its provisions. The clause relating to taxation was disposed of in the saine way. It was treated with ail possible respect. The King took good care not to levy taxes or ioans or benevolences. But he took the money he wanted for ail that. Neither tonnage and poundage, nor composition for knighthood, nor ship-money was named in the Petition; and the next rime that more money was required, Charles's lawyers would take good care to make the demand in some form which would put them, verbally at least, in the right. No abler or moe resolute advocate of this system could be round than Wentworth. Yet, so far as we know, he had not x635" been consulted on English affairs since his arrival in "*Vent wort h's support ofit. Dublin. ttis vigorous government in Ireland, and especially his proceedings in Connaught, had been stamped with Charles's al»probation. Although not a single Sept. 3 ° . Wentworth's person at Court seems to have found fault with proposed plttio,, his treatment of the landowners of Connaught on the ground on which it was most assailable--namely, its in- justice to the Irish population--the Court swarmed with men ready to take up the interests of any great nob]eman or great official who felt himself aggrieved. The Earls of Pembroke and Salisbury had done their best to save Lord Cork from the Attacks penalty of his misappropriation of Church lands. uponhim. Others were ready to plead for Lord Wilmot, a veteran who had been called to account by the Deputy for taking Crown property to lais own use. Lord Clanricarde, or St. Albans, as he was called in the Engiish peerage, and his t84 COéTRT-,llAITIAL ON A[OgqT, VORRIS. cH. l.XXXt. son, Lord Tunbridge, were themselves in England to re- monstrate against the wrong done to them in Galway. I.aud warned his friend of the risk he was running. "I find," he rov.6. wrote, "that notwithstanding all your great services Ld, in Ireland, which are most graciously accepted by the nl,n. King, you want not them which whisper, and perhaps speak louder where they think they may, against your pro- ceedings in Ireland as being over full of personal prosecutions against men of quality, and they stick not to instance St. Albans, the Lord Wihnot, and the Earl of Cork ;  and this is somewhat loudly spoken by some on the Queen's side. And, although I know a great part of this proceeds from your wise and noble proceedings against the Romish party in that kingdom, yet that shall never be made the cause in public, but advantages taken, such as they can, from these and the like particulars, to blast you and your honour if they are able to do it. I know you have a great deal more resolution in you than to decline any service due to the King, State, or Church for the barking of discontented persons, and God forbid but you should ; and yet, my Lord, if )'ou could find a way to do all hese great services and decline these storms, I think it would be excellent well thought on." = Better advice it was impossible to give, but it was not advice which Wentworth was likely to take. It was his man- I«,b. ner to look straight at his aim, and to care little for • rh «o- the feelings he wounded in attaining it. Least of ail tiers and Wentworth. was he likely to tare for the wretched combination of interested intriguers which gathered round the Queen. Cottington might find it useful to advocate the claires of the Roman Catholics. Holland might find it useful to advocate the claires of the Puritans. Wentworth passed on his way without heeding. His chier regret was that he could never feel quite sure of support from the King. He had adjure« Charles not to squander the grant of the Irish people on his English courtiers. Early in December he learned that Lord Nithsdale was to have ro, oool. paid him out of the subsidies of  ' This Earl ' in the original. I bave altered it to make it intelligible.  Laud to Wentworth. Nov. 6, StraffordLetters L '*79. 635 CO£VD UCT OF .1[0 gUVT«VORRIS. 18 5 Ireland. AIl that his remonstrances gained was that Charles promised that he would not so offend again. Wentworth pushed on, heedless of friend or foe. Clan- ric.trde died in November, and a rumour at once spread that ro,emtr, ho owed his death to Wentworth's malice. Went- >ea,h « worth felt the insult bitterly, but the only notice hê Cl,,,,ri«,,a. took of it was to urge the King to take into his own hands the authority which the late Earl had exercised in Galway.  It was hOt long before the courtiers had a fresh charge to bring against Wentworth. Amongst the officials whom the w«,t,,.«,h Lord Deputy regarded with suspicion and distrust ,«i.a o,,t- was Lord Mountnorris, who, as Sir Francis Annesley, had been one of Falkland's opponents. As Vice- Treasurer of Ireland, the whole of the accounts ofthe kingdom passed through his hands. In such an office Wentwortb looked for scrupulous probity and decorum. Ho complained that blountnorris was a gay and reckless liver, fond of pla.v, and suspected of accepting bribes in the execution of his office. As early as in the spring of 1634 be charged him with taking percentages to which he was hOt entitled, and obtained ,634. an order from the English Privy Council to stop tb.6 May. practice. Mountnorris treated the order with con- October. December. tempt. In that winter session of Parliament hich caused Wentworth so much trouble, ho assumed the airs of a leader. From that moment it was evident that Wentworth, who well remembered how Mountnorris had headed the attack on the last Lord Deputy, would not rest till ho had round the means of ridding himself of so insubordinate an official. A fresh act of petty malversation was discovered in the spring of 635. Mountnorris was in possession of a fee of 63». col. a year as the auditor of accounts which had no lx,«h, existence. It was whispered, too, that either ho or his servants had refused payment upon the Deputy's warrant, April. till a bribe had been received from the person to whom it was payable. ! Wentworth to the King, Dec. 5, Strafford Zetters, i. 49t- ,6 COURT-;IIARTIAL OA" AIOUNTArORRIS. CH. LXXXI. For some time Mountnorris had been talking of resigning his place, and had even asked Wentworth to arrange the terres on which he was to receive compensation from his Mountnorris ,aLor«- successor. At the beginning of April he had broken signing. Off ail treaty with the Deputy, and had announced that he would leave his case in the hands of the King. 1 From that moment secret dislike was exchanged for open defiance. One day a brother of Mountnorris, who was a lieu- Annesley's tenant in a troop of horse, was reproved by Went- i,.ueor«in.-, worth for disorderly conduct at a review. Young tion. Annesley replied to the Deputy's reprimand by an insuhing gesture. Wentworth's quick eye caught the act of insubordination. He brought clown his cane gently on the lieutenant's shoulder, and told him that if he rêpeated the offcnce he would ' lay him over the pate.' Not long afterwards a fresh scene occurred. Another ,.too Annesley, a kinsman of Mountnorris, dropped a drovpao, stool on the Deputy's gouty foot. Then came a Went worth's fot. dinner at the Lord Cbancellor's, at which Mount- norris was present. The story of the dropping of the stool .«wi s. was mentioned. "Perhaps," said Mountnorris, "it The dinner .tth¢ Loa was done in revenge of that public affront that the Chn«ato'». Lord Deputy had done me formerly. But I have a brother who would hot take such a revenge." Wentworth appealed to the King. He received in return two letters, the one authorising him to order an inquiry into Mountnorris's malversations in office, the other in- July 3 x. wnt,,onh structing him to bring hiln before a court-martial for authorised to p,-««d the words spoken at the dinner. Both these letters against to, nt- were dated July 3i. For some unexplained reason noms. no action was taken on them for four months, and it is possible that Wentworth was still hoping for Mountnorris's resignation to cut the knot. In the end of November Mount- norris was SUlnm-oned to give an account of his official conduct before a committee of the Council. The Deputy had a further  Wentworth to Cole, May 13 , Oct. 6, Dec. I6, I634 , Match 25, April 7, 635 ; the King to Wentworth, July 3 I, 635, Strafford Lettlers, [t- 244, 3o4, 345, 39I, 4 oo, 448. r63 IJ'EVTII'Ot?TH'S CHARGE. 187 rod in store for him.l If he was Vice-Treasurer of Ireland, he l-«c. ,2. was also an officer in the army, and on December i :2 q he court- he was summoned to a Council of War in the Castle. martial. On his arrival he found that no oue knew what the business of the day was to be. He took the seat assigned him by his rank, near the head of the table. At last the Deputy arrived, and informed the Council that they were called to sit as a court-martial on Mountnorris. The language used at the 1,ord Chancellor's dinner had broken two of the laws of war by which the army was governed. By one of these it was ordered that no man should 'give any disgraceful words, or commit any act to the disgrace of any person in his army or garrison, or any part thereof, upon pain of imprisonment, public disarming, and banishment froln the army.' The other ordained that no one should ' offer any violence, or contemptuously dis- obey his commander, or do any act or speak any words which are like to breed any mutiny in the army or garrison, or im- peach the obeying of the (;eneral or principal officer's direc- tions, upon pain ofdeath.' On these two grounds Wentworth  Writing on Jan. z, 1636 (tVorbs, vii. 216) Laud says that "William Raylton," Wentworth's agent, "can-e o me and told me that the business of the fanns were stirred again, and that the Lord Mountnorris had a hand in it. I found the King very reserved, yet thus much I discovered, that certainly the Lord Mountnorris had made some offer about it. And I hear from a good hand since I spake with the King, that whereas the King bath now but 8,oooL per annum, he shall then have 2o,oooL What truth is in this I know not. But I ana most confideat that if the King may gain 12,9ool a year, you will be very well advised betore you will stand so much in his light, having so many eyes upon both your actions and your ends." Later in the same letter, referrig to the Court-martial, Laud says, " I pray Goal this be hot interpreted as done by you in revenge for the famas." Writing in answer on Marcl 9 (Strajfford Letters, i. 5  7), Wentworth says, '" If any should impute this to be donc in revenge of Mountnorris his stirring concerning the farms, my answer is full and direct, it was moved long before he offered anytking in this business : so as in truth the ques- tioning of him was the mere impulsive cause to strain hiln to that course, thereby, if it might havc been, to save himself, wh;.ch I daresay he would otherwise have been as far off as anything in the world." But it does not follow that Wentworth's spt.cially angry feeling in December was not due Io the business of the farms. 8 COUI¢T-IIARTIAL ON AIOUNTNORRIS. en. LXXXIo denanded sentence against Mountnorris. He had been himself publicly affronted by Mountnorris's description of the scene which followed on Annesley's insubordination, whilst the words relating to the brother who would hOt take such a revenge were to be regarded as an incitement to that brother to take a rcvenge of a more violent kind than the dropping of a stool. In vain Mountnorris, stupified by the unexpected blow, denied that the words had been correctly reported, and begged Th«sn- that counsel might be allowed to assist him in his t,,c« defence. Witnesses were produced to prove that the words were his, and he was told that it was not the custom of a court-martial to allow the prisoner the benefit of an advocate. As soon as he was withdrawn, Wentworth demanded sentence in respect of the articles he had cite& It is true that he took no part in the deliberations of the court, and that he remained seated in his place bareheaded, as became a suitor for justice. But he could not divest himself of the commanding aspect which seldom failed to secure obedience, of the knit brow and flashing eye which announced him as a ruler of men. It is no wonder that bis enemies spoke of that court as overawed by his presence. Yet it is hardly probable that if Wentworth had left the room the court would bave decided otherwise than it did. Ifs business was to decide according to the strict letter of the law, and it was undeniable that against the letter of the law an offence had been committed. After a short deliberation Mountnorris was recalled. Sen- tence of death was formally pronounced upon him. Then Sntn. Wentworth addressed him. He might, he said, order po,ocd. Out the Provost Marshal at once to execute the judgment of the court. But, as far as lire was concerned, he would supplicate his Majesty. " I would rather lose my hand," he added, "than you should lose your head."  t Wentworth to Coke, Dec. I4. Wentworth on the Council of War to Coke, Dec. 15, Slrafford Zetters, i. 497, 498. Cromwell to Conway, Dee. 17, S. t . Irdand. Rushworth, Trial of Strafford, 186. Mount- norris must have known perfectly well from these last words that his lire oulà be spared, and ail representation of his agonising expe.:tation o[ death whilst in prison is therefore pme thetoric. 163 $ VEA'7"II "OR Tft'S OI35rECT. r 89 It is one thing to justify the conduct of the court-martial : it is another thing to justify the conduct of Wentworth. The Reflections extreme powers entrusted to a commander by martial ,,nit. law are manifestlv intended only to be put in force when necessity requires. The very code under which Went- worth acted bore words limiting its employment to cases of necessity. In the case of Mountnorris it is evident that at the time when the trial was instituted no such necessity existed. In April there was undoubtediy some slight danger. In the excited state of mind in which Mountnorris and his kinsmen were, it was not altogether impossible that some violent act lnight bave been attempted. Since that tmm seven months had pased away. The rash words had been followed by no acts of any kind. There was no such danger as that against which the Articles of War were intended to guard. Wentworth was guilty of applying to the destruction of a political opponent the mere technical letter of the law. It is happily unnecessary to argue that this was the true explanation of the case. We have it upon Wentworth's own confession. More than two years later he acknowledged to Mountnorris himself that all he had wanted was to get rid of hiln. So thought Wentworth in cold blood. It s hardly likely that he thought so at the time. With his heart filled with scorn ,Ventworth's of the man who had ventured, without character or sub»equent talents, to pose himself as his rival, every angry accourir of his conduct, word which Mountnorris had spoken, every corrupt or thoughtless deed which MOUlatnorris had done, probably branded itself upon his mind, not merely as an insult to him- self, but as evidence of insubordination to the King and treason to the State. Most likely, indeed, when the court was sitting,  "At my Lord blountnorris's departure hence he seemed wondrously h mbled, as much as Chaucer's friar, that would not for him anything shguld be dead, so I told him I never wished 111 to his estate nor peson, further than fo remove him thence, where he was as well a trouble as an offence unto me ; that being done (howbeit, through his own fault, with more prejudice to him than I intended) I could wish there were no more debate betwixt us." Wentworth to Conway, Jan. 6, 1638, Straord Letters, ii. 144. See t«o the note to p. X8 7. 19 ° COURT-,IIARTIAL ON 2IOU'VTNORRIS. CH. LXXX|. the idea that tne charge brougnt against Mountnorris had been affected by lapse of rime never presented itself to his mind. To his tierce offended spirit ail time was present, and April was as December. The letter in which Ventworth announced the sentence to lais friend Conway, the son of the late Secretary, was plainly written in the full belief that Mountnorris was the Dec. 3. %Vent-orth:s aggressor. " In my own secret counsels," he wrote of immediate d««n«« his assailant, "I could to myself never discover those rough hands of Esau they so grievously and Ioudly Iay to my charge ; for I dare say that in ail the actions of this nature which ever befell me, I shall be found still on the defensive part ; and if, because I ana necessitated to preserve myself from contempt and scorn, and to keep and retain with me a capacity to serve his Majesty with that honour becoming the dignity of that place I here by his Majesty's favour exercise, therefore I must be taken to be such a rigid Cato the Censor as should render me ahnost inhospitab]e to humankind; )'et shall not that persuade me to surfer myself tobe trodden upon by men indeed of that savage and insolent nature they would have me believed to be, or to deny myself and my own sub- sistence so natural a motion as is the defence of a man's self."  It was not in Wêntworth's nature to offer a public defence of his conduct. To his intimate friends he was less reserved. A few weeks brought him tidings that the English x636. - Feb. 14- Court was up in arms against him. What he had Wentworth's |etter to already written to Conway, he now wrote more ex- Pi«« plicitly and defiantly to Captain Price. " Were it not," he complained, " that such hath ever been my fortune in the whole course of my lire to have things imputed unto InC as crimes whereof I was not at ail guilty, it would have Complains of being ac- been unto me the strangest in the world to hear my- cused of Ctari«'a' self so bloodily traduced as tobe ruade the author of death. my Lord St. Albans'  death. But it is the property of malice to draw other men as ugly as itself, and albeit it love hot the person, yet doth it desire he should be like itself,  Wentworth to Conway, Dec. 23, Strafford Zetters, i. 502.  Wentwortlz here gives Clanrickard's English title. 636 I'I,'E.'VTIVOR TH'S DEFENCE. tgt but su.'h loose draughts as these will be but admitted to bang in son:e obscure corner for the meaner sort of l*eople to teed upon, will never dare to abide long nearer the light where noble and skilful eyes will quickly find out their falsehood and impos- ture, hot to be originals drawn after the lire, but base copies slubbered over only for sale, without either truth or beauty, but barely as pleased the painter to devise them. " Now as that death was charged unto me as chance-medley at least, so I may imagine the sentence of the Council of War Explains upon Mountnorris will be round against me as wilful his conduct murder. Sure the billows will go high in this case, to Mount- n«ris, without one drop of good will to either his lordship or me; for a disaffection to me, hOt any affection to him, is sufficiênt to move somê to proceed to sentence and fault me for him, nay, I fear, to condemn me too before ever I be heard ; and then how is it possible for me to prevent it ? For they bave given )udgment already upon me, and how then will it acquit me to show they have taken the mark anfiss, that I had no part at ail in the sentence, that it was done by all the prilne officers ot that army, assisted by at least fourteen captains, privy coun- cillors, and others. "Alas !" continued Wentworth, after recounting the pro- ceedings of the court, "ail this cornes too late. Halifax law i hath been executed in kind. I ana already hanged, Complains of being tra- and now we corne to exanaine and consider of the duced. evidence ; wherefore I will lay by me this truth which fully satisfieth myself, and betake myself to justify the justice, reason, and necessity of that decree ; howbeit I confess I tan add nothing to the weight it carries in itself, Argues that discipline yet I must needs say that if men, soldiers or officers, must be maintained, may assume a liberty fo traduce their general, to endeavour to effect him cheap and vile in the sight of those he is to govern ; and all this gratis, without control ; how is it possible to govern an army, nay, so much as a company ? If therefore discipline be necessary to contain licentious and encourage modest spirits ; that, if any are to be subject to tl:is  To be hanged first and tried afterwards, like Lydiord law in De,cn- shire, 19 COUR-.I'[AWZ.4L ON MOUxVI'VO]]ZS. cH. LXXXr. discipline» then most properly those that are oflîcers and men» oers of an army are to subject themselves unto it ; if any orders or ru]es of an army to be without exception, then those mo.t convincing that are not ruade upon the present occasion to serve a turn, but such as bave been published and known long beforehand, nav the very same individually this army bath ever been governed under belote 1 was born ; and finally, if any judgment and execution thereon to be admitted tobe in kind, when so much as when the army is in march, the troops in motion ? And will any mind do such a violence toits own candour and ingenuity as to deny that all or any of these do not occur in the case of this gallant fellow ?" No doubt it would bave been hopeless to attempt to con- vince Wentworth that if he had not manufactured new laws ' to serve a turn,' he had given them an application which they had never been intended to have. Against a charge of a different description he was far more successful. " But," he wrote, "I hear it is mightily objected that he is a Peer, and a capital insolence to passa sentence of death on him that is only triable in these exigents by his peers. 'Tis true, to taint him in blood, to forfeit his estate, that compli- Replies to theargument ment the law requires ; but ifany man can show me that Mount- .om ,,,» that privilege ever insisted upon, or at least allowed, protected b' his peerage, to any listed as a soldier under the command of his General, they say well; else ail may be admitted, and the sentence stand firm nevertheless ; and to speak truth, if Peers insist upon such privileges as subsist not with the government of an armv, where the remedies as the mischiefs are sudden, and requlte an instant expedient,  they nrust resolve not fo bear arms rather than whole armies be put in hazard by legal, and to them impossible, forms to be observed. "Then they allege the senten«:e to be too sharp : that's nothing ,qgainst the justice of it; but when the execution is stayed, where is the sharpness? I think no man held his  The best comment on this is in the words of the Man-gers of the Commons :--" The words are pretended to be spoken in April, my Lord of Strafford lrocures the King's letter in July, and questions it not till Decemlger ; here is no o.Pus est." Rushorth, Trhl of St»afford, 2o2. lire to be in danger. For myself, were I put to the choice that he must lose his lire, or I my hand, this should Argues that th «.t«.ce redeem that ; and howbeit it was never in any man's was hOt to b« c-rred heart to hurt the least nail of his finger, the example out. and terror of it to move men to descend into then» selves and to avoid such outrages in the future, was by so much the more aliowable, nay indeed, comlnendable and necessary. "Thus have I given you my judgment upon the whole matter as an indifferent man, as little concerned as any of the Comments seculativi themselves, and as little to answer for the on those sentence as they, but let theln philosophy and censure who are dissafisfied, other men wiscr, and if lnay be better knowing than these flesh files that lie buzzing and blowing upon men of virtue to taint their credits and honours, and render them, if they could, as contemptible, as mean as themselves; I say the sentence given by the council of war upon Mountnorris was, in my poor opinion, just and necessary, his fault, and the persons whom it concerned, equally and rightly considered. For the rest, if you be in any point unsatisfied, look upon the sentence, which mv agent can show yoù, and that will abundantly satisfy you." l Some at least there were who were not satisfied. " 'Tis held by many," wrote one of Wentworth's correspondents, "a severe sentence. They say, if he had meant any ill, or that 1Many re- ,in i- fil should have corne thereof, he would have whis- satisfied, pered those words in corners amongst swordsmen, hot been so great a fool to utter them at the Lord Chan- cellor's table, a great officer and councillor of the kingdom. They wonder that the Viscount Moore should be a witness and a judge, and, in fine, conclude that it cannot be paralleled in any time, that any man for the hke words--no enemy in the country--so long rime after should be adjudged to die."  Mountnorris was stripped of all his offices on the report of the Committee of Investigation. He did hot Mountnorris «p«u«d remain more than three days in prison, though he om office. was afterwards sent back on his refusal to acknow- ledge the justice of his sentence.  Wentworth to Price, Feb. 4, S. P. h'dand. s Garrard fo Went-orth, Jan. zS, Strafford Let:ers, i. 509. 'OL. VIII. O 94 COL'RT-31.4RTL4L OA r .|[OUI'VTVORI]'S. CH. LXXXI. Thc Vicc-Trcasurcrship had long bcen destincd by Went- worth fo the son of thc Lord Chanccllor, Sir Adaln I.oftùs. "Vcntworth had actually advised him, in ordcr fo makc sure of thc succession, fo scnd over 6,oool. fo England, fo be dlstributed amongst Cottington, Vindebank, and others. Eithcr from pure loyalty or bccause, as Laud shrcwdly suspcctcd, thc secret had oozcd out, Cott{ngton offcred thc wholc sure to thc King. Char]es took thc money, and uscd it in thc purchasc of lands in Scot]and, which hc was ai that timc buying as an cndow- nient fol" the two Scottish archbishoprics. 1 Loftus became Vice-Treasurer of Ireland. Although Charles's decision in the Deputy's favour silenced '«,t,o,, the voices of his accusers, Wentworth knew well that  l«« to the storm might at an)" time |mrst out again, and he visit Eng- land. asked leave to visit England on private business, with the hope that he lnight justif.« his conduct to the King more fully than it was possible for him to do bv letter. In June i636, Wentworth was at Charles's Court. With his 1,,« Sovereign on his side, he had enough of lip-service V.'entworth froln fi-iends and enemies a}ike. By the King's direc-  co,, tion he appeared before the Council to defend his conduct in Ireland. Wentworth's defence was a splendid narrative of triumphs achieved. The Church, he said, was re}ieved from its poverty, and united in doctrine and discipline with the w«,t,o,'» Church of England. The Irish exchequer had been -¢,¢,t. saved from ruin. When he landed there was a yearly deficit of 4,oooL and an enomous debt. In a few months the debt would be paid, whilst a sure of 4o, ooo/. had been set aside to buy up sources of revenue which had been mortgaged, and which, when recovered, would bring in 9,45oL a year. There was an increase of iS,ooo/, in the revenue, and thus as scon as the mortgages were paid off the deficit would be con- verted into a surplus. Other sources of income might easily be  Cottington t Wentwotth, Jan. 27 ; Wentworth to Cottington, • eb. 3, Strafford Letters, i. 5, 54- Laud to Wentworth, Jan. /eb. 4, /.aud' tVorks, vl azg, 1636 IRELAND UNDEP, II.'ENTII'ORTH. opened, and a considerable saving in the expenditure effected. "Fhere would soon be a surplus of 6o, oooL Such an exposition of financial success offered a sore tempta- tion to the hungry English courtiers. Wentworth pleaded earnestly with the Council to support him in his efforts to save the money for the public service. He then proceeded to show that he had hot sacrificed the interests of the State to those of the Treasury. The soldiers, he said, were well paid and well disciplined. Every "i_'he army. man who served in the army had passed in review under his own eyes. When the troops were on the march they pad fairly for everything they took, no longer satisfying their wants by force, as if they had been in an enemy's country. They were now welcome in every place, where before they were an abomination to the inhabitants. The King was well served at the saine time. Never had an army been so completely toaster of Ireland. A full treasury and a strong military force may easily be compatible with the direst misgovernlnent. Wentworth in- sisted that he was hOt liable to this reproach. Justice Administra- tion of was dispensed to all without acceptance of persons ; justice. « that the poor knew where to seek and to have his relief without being afraid to appeal to his Majesty's catholic justice against the greatest subject ;' that ' the great men ' were 'contented with reason, because they knew hot how to help themselves, or fill their greedy appetites, where otherwise they were as sharp set upon their own wills as any people in the world.' The Commission of defective titles was doing its work, and now that men could call their lands their own without fear of question, they were able to devote themselves to the improvement of their estates. The acts of the last Parliament were a boon to the whole people, and ' there was a general and steadfast belief on that side in the uprightness of Jun«2x. his Majesty's justice, the people were satisfied, his ajesty by them honoured and blessed, in contemplation the great and princely benefits and graces they participate of, through his Majesty's wisdom and goodness.' Trade flounshed no less than agriculture. Two years before 196 COURT-MARTIAL ON MOUNTNORRIS. CH. LXXZJ. pirates had swarmed in the Irish seas. Now the coasts were a'rad« guarded, and the pirates were no longer heard of. Commerce was rapidly on the increase. Manu- factures had been encouraged. The best flax seed had been imported from Holland. Workmen had been brought over from France and the Netherlands. Six or seven looms were already set up, and the foundation of a great industry in the future had been surely laid. Wentworth at last turned to the subject which was in the minds of all his hearers. It had been said that in his treatment W, ntworth's of offenders he ' was a severe and an austere hard- d«nce of conditioned man ; rather, indeed, a ]3asha of Buda his severl- ries. than the minister of a pious and Christian king.' He earnestly declared that it was not so, that in private life no one could charge him with harshness, and that it was ' the necessity of his Majesty's service' which had forced him to act as he had donc. "And that," he continued, according to his own report in a letter to his friend Wandesford, "was the reason, indeed ; for where I found a Crown, a Church, and a people spoiled, I could hot imagine to redeem them from under the pressure with gracious smiles and gentle looks. It would cost warmer water than so. Truc it was that where a dominion was once gotten and settled, it might be stayed and kept xvhere it was by soif and moderate counsels ; but where a sovereignty--be it spoken with reverence--was going down hill, the nature of a man did so easily slide into the paths of an uncontrolled liberty, as it would not be brought back without strength, hOt be forced up the hill again but by vigour and force. "And truc it was, indeed, I knew no other rule to govern by, but by reward and punishment ; and I must profess that where I found a person well and entirely set for the service of my toaster, I should lay my hand under his foot, and add to his respect and power ail I might ; and that where I found the contrary, I should hOt dandle J him in my arms, or soothe him in his untoward hurnour, but if he came in my reach, so far as   handle,' as printed. I636 IRELAND UNI)ER I4.'ENTIk'ORTI-I'. 197 honour and justice would warrant me, I must knock him soundly over the knuckles, but no sooner he become a new man, apply himself as he ought to the government, but I als« change my temper, and express myself to him, as unto that other, by all good offices I could do him. " If this be sharpness, if this be severity, I desired to be better instructed by his Majesty and their lordships, for in truth it did not so seem to me : however, if I were once told that his Majesty liked not to be thus served, I would readily conform myself, follow the bent and current of my own dis- position, which is to be quiet, not to have debates and disputes with any." Wentworth may have deceived himself as to his own character. He did not deceive himself in his expectation of The King's the King's approval. "Here," he continued, "his ,Wproval. Majesty interrupted me and said that was no severity, wished me to go on in that way, for if I served him otherwise I should not serve him as he expected from me." 1 Wentworth's defence is not to be passed over lightly. It is mere pedantry to meet it with arguments drawn ffom constitutional theories entirely inapplicable to the Reflections on his«e- case. The choice for Ireland in the seventeenth fence. century did not lie between absolutism and parlia- mentary control, but between absolutism and anarchy. If Wentworth be taken at his worst, it is hardly possible to doubt that Ireland would have been better off if his sway had been prolonged for twenty years longer than it was. Yet with every disposition to do justice to his great qualities, it is undeniable that not only was the system which he favoured peculiarly liable to abuse, but that his own arrogant and masterfifl temper was still more liable to foster the abuses incident to the system. Eager, with an unsparing and almost superhuman zeal, for the good of those who were entrusted to his charge, he hardly cared what road he took to reach his aims. Government in his hands was' in the main a rule of beneficence. Yet not only did he treat with disdain the feel- t Wemworth to Wandesford, July 25» Slraff'ord Zellers» il 98 COURT-AIART1AL ON ¢IlOUNTNORRIS. cH. LXXXI. ings of individuals and of whole populations, but he thrust aside as unworthy of a moment's consideration the requirement that he who rules should be calm and frank as well as bold. Threats, surprises, and intrigue, ,vere equally reckoned by him alnongst legitimate weapons of defence. To bully a jury, to cajole a Parliament, to try a man upon a capital charge in order to drive him to resign an office, were his ordinary resources of government. Such a man never did and never could inspire confidence. His actions would be regarded as having some hidden meaning--some deep plan to be fathomed only by himself. Men might become ficher, happier, and more pros- perous under him ; they were hardly likely to become better. The silent diffusion of a sense of moral order, the elevation of mind by the contemplation of a Government subjecting force Wentworth's tO law, were no objects at which Wentworth aimed. power Wentworth's position appeared to be inpregnable. established ,, r«n. Once more, indeed, he had pleaded with Charles for an earldom, as a mark of favour to sustain him against his enemies, and once more he had pleaded in vain.  He carried back, however, permission to proceed with the plantation of Connaught. As far as Ireland was concerned, the whole country was at his feet. The very gentlemen of Galway who had stood out against him humbled themselves before him, and entreated his good offices with the King.  It was impossible to separate Ireland from England. On the one hand, the strength of Wentworth's government might d'» easily become a menace to the English nation. On connectin the other hand, even that strength would be under- with Eng- land. mined by any weakness which might appear in Charles's authority in England. Wentworth to the King, Aug. 23. Laud to Wentworth, 2kug. 23 Wentworth to Laud, Aug. 26, 3"tr«Jord Lett«rs, ii. 26, 27, 31. Notes of he Committee for lrish 2kffair, July 8, 1636. Galwa]¢ Petition, Feb. 9, 637, S. t'. rdatM. lt9 CHAPTER LXXXII. THE THIRD WRIT OF SHIP-MONEY. To all outward appearance Charles's authority had never been stronger than in the summer of x636. Ship-money was paid ,6s6. with reluctance, but reluctance had hOt yet ripened App-re,,t into defiance. The judges, the sheriffs, and the .,,t rtmgt h of Charle;s justices of the peace were the ready instruments of position, the King. The bishops, with a large and increas- ing number of the clergy, were his enthusiastic supporters. Eerything was on his side, except the people of England. How the Prozestantism of England was alienated bas been told already. In the summer of x636 men who cared little for Protestantism were beginning to fear for their pockets. The additional impositions agreed upon by the Treasury Commis- sion in the preceding summer were now levied. The 3o,oooL which as yet flowed into the exchequer from tbis source were far from being the measure of the injury resented. In theory the King had assigned to himself the right of burdening com- merce as he pleased when he levied tonnage and poundage without a parliamentary grant. At last the theory had clothed i,,c,e-s « itself in a practical increase of the duties, and men :ustoms. who were slow to be moved by Eliot's assertion of the privileges and rights of Parliaments were stirred to anger vhen they round that they had to buy their wine or their silk at dearer rates than before. Other burdens were added at the Fines onde-saine time. Country gentlemen were summoned populations, before a Commission of Depopulations, and were zined for pulling down cottages on their estates. The notion 2oo THIRD WRIT 0 " SHIP-ION.E V. c. LXXXI. that the King was the supreme regulator of trade was finding Erection of expression in the crection of new corporations, which, corporations, at least in the opinion of the Crown lawyers, were exempt from the operation of the Monopoly Act, but which were allowed to exclude all other persons from the exercise of certain employments. The intention may have been good, but the way in which it was carried into effect did not serve to increase the popularity of the Government. In the midst of this growing feeling of dissatisfaction, the third writ of ship-moncy, the second of tho;e which had been oct. 9. sent out to the whole of England, was duly issued on The third October 9, 636. It was no longer possible to regard writ of ship- =oney. ship-money as a temporary burden imposed to meet an emergency. It was evidently intended to remain as a per- manent tax upon the nation. The resistance to the collection of the last levy had been rather local than national. When the third writ was issued the de- ficiency of the collection under the second amounted Deficlency in last coi- tO O,544/. , of which ,oool., or more than half, lection. was owing by the six counties of Northumberland, Somerset, Warwick, Oxford, Northampton, and Essex.  The resistance to the third writ was at once raised in the very presence of the King himself. Men of the highest rank, and of the most loyal and devoted character, saw clearly that nothing Rising op- less than the whole future constitution of England position, was at stake. Just as Laud's innovations had driven the moderate Protestants into the arms of the Puritans, so did the th.ird writ of ship-money drive the moderate constitutional- ists into the arms of the partisans of Parliamentary supremacy. Doubtless the tide of opposition was swelled by many a stream stained and corrupted at its source. There were men who, in mere gaiety of heart, were ready to plunge England into war ; and there were men who, without counting the cost, were ready to stir the tire of civil faction. There were others who hardly knew what they wanted or whither they were going. The strength of the opposition did hOt lie here. It was to be found in the fixed resolution of peer and commoner hOt to allow the  S. t'. Dom. cccxxxiii. 3 o. I636 RISING OPPOSITION'. 2ox hercditary rights of Englishmen fo bc sacrificcd. Thcy had bccn willing that Parliamcnts should rcmain in abcyancc for a rime. Thcy wcrc not willing that thcy should bc cast asidc for cvcr as obstaclcs in thc path of an arbitrary and irrcsponsiblc Govcrnmcnt. Thc mouthpicce of this class, so littlc pronc fo faction and, from thc very modcration of ifs sentiments, so dangcrous fo Decemb«r. offend, was Henry Danvers, Earl of Danby. He was Danby's one of those men who allow the prizes of fortune to letter, slip past them. In Elizabeth's reign he had fought bravely in the Low Countries and at sea. As a friend and follower of Essex he had been placed in high office by him in Ireland. His elder brother, Sir Charles Danvers, was involved in his patron's treason, and suffered on the sc«ffold. He was himself taken into favour by James, ruade Lord President of Munster, and subsequently Governor of the Channel Islands. He might atone time have been ambassador in France, vith the prospect of succeeding Falkland as Lord Deputy of Ire- land, but his health was broken and he shrank from the exer- tions of a post which taxed all the resources of Wentworth. He now stepped forward from his retirement to warn Charles of the risk which he was incurring. He told him that, as an old servant of the Crown, he could no longer refrain from representing to him the universal discontent of his subjects. The new levies of money were repugnant to the fundamental laws of England, and to those privileges whlch their ancestors and themselves had till the present rime enjoyed. It was of the manner in which the money was raised, not of the amount, that they complained. He had spoken to no one who was not ready to shed his blood for his Majesty. He entreated him to reflect that the only way of giving satisfaction to his subjects was to summon Parliament. When Danby's letter was placed in the King's hands, he was chatting with some of his attendants. They observed that The. Kin.g he changed colour as he read it. When he came to 'eCeves tt. the end he walked up and down the room, showing his displeasure by his gestures.  Correr to the Doge, Dec.  Peu MSS. 202 THIRD IY[(IT OP" SHIP-AIO'VY. cH. LXXXL Charles, in truth, had gone too far to take Danby's well- meant advice. It would doubtless have been easier to come to terms with a Parliament in 1637 than it afterwards was to agree with a Parliament in I64o ; but it would have been barder than it had been in 1629. The King would have to consent to some limitation of his authority in Church and State, to abandon the ecclesiastical system which he had carefully built up, and to admit, in some form or other, his responsibility to Parliament. Charles hoped to content his people with less than this. He fancied that the inactivity of his fleet in the last summer was the main cause of discontent. He now gave out Charles shrinks from that better things were to be expected in the coming summoning a Parlia- season. The sovereignty of the sea was to be asserted over the Dutch fisherlnen. Something was to be done for the Elector Palatine. AIl active foreign policy, in short, was to turn men's thoughts away from domestic grievances. Before the end of the year Arundel was again in England. He had felt his failure at Vienna almost as a personal insult. Hitherto he had been an advocate of peace and of Dec. 3 0. Arundel's an alliance with the House of Austria. He came +eturn. back a changed man : bitterly denouncing the per- fidy of Spain, and persistently arguing in favour of a French alliance, even if it should lead to open war. t Joyfully did the lords of the Opposition welcome their new Charles ally. Charles was hourly besieged with cries for war urged to go and a Parliament. He had no mind for either. He to,,ar, turned sharply upon Warwick, in whose county of Essex the collection of ship-money was as backward as might geista,«e have been expected in a district still under the lash to ship- of the Forest Court.  In many places the money money in È". could only be obtained by the distraint and sale of «attle ; and in one instance a horse which had been sold had been carried off by force from its purchaser by its original t Correr to the Doge, Dec. o' l/en. +- Mildmay to the Council, Dec. 11, t6, S. P+ Dont. cccvxxvii. 27, .îl. On Jan. 2o, x,9ooL were still unpaid in Esex on the second writ. IbiJ. cccxliv. 5 o. I637 owner. x637. January. Warwick called to RIS1NG OPPOSITIO.W, o3 Charles blamed Warwick as a supporter of this ir.- subordination of his tenants. Warwick's reply u-as couched in terres far plainer than Danby's letter had been. His tenants, he said, were old men, and had been accustomed to the mild government of Queen Elizabeth and King James. They could not bring themselves to consent, at the end of their lires, to so notable a prejudice to the liberties of the kingdom ; nor were thcy willing volun- tarily to deprive their posterity of those benefits which they had themselves inherited froln their ancestors as a sacred deposit, though they were ready, one and ail, to sacrifice lire and goods for lais Majesty. If only the King would join France in a war for the Palatinate, and would maintain his o'n sovereignty over the sea, Parliament would gladly furnish all the supplies he needed. Such language had hOt reached the ears of Charles since Eliot died in the Tower. Warwick, as Charles, well knew, did A pro,est hOt stand aione. The lords who sympathised with l«ovoed, his bold declaration were actually drawing up a protest echoing the words which he had spoken. If this protest ever really came into existence, in ail probability it never reached Charles's eye. He allowed it to be plainly understood that he would have nothing to do with a Parlia- ment. To call Parliament was equivalent to an abandonment of the ecclesiastical ceremonies, and for that he was hot prepared.  For anything short of that, however, Charles was now prepared. Arundel's vigorous language weighed upon his mind. In vain Oflate protested against the slur cast Carles pre- pares to by the anabassador upon his master's good faith. as»ist his nephew. Charles assured his nephews that he was disgusted with the treatment which he had received from the House of Austria, and was determined to do himself right.  He was  Correr to the Doge Jan. 6 Vert. «JlSS. The protest printed in ç6' A'u«hworth, ii. 359, may perhaps have been that which eventually w drawn up, bnt it does not quite agree with Correr's account. • Correr to the Doge, Jan. 3 Ién. MSS. "2'-04 THIRD WiïIT OF SHIP-211"ON.EY. CH. LXXXm. specially angry at the news that the King of Hungary had been chosen King of the Romans, and that Maximilian of Bavaria had been allowed to give an electoral vote. A meeting of the Foreign Affairs Committee decided that some of the King's »hips should be lent to the young Elector, to put to sea under the flag of the Palatine House. The Danes and the Jan. x6. hips to be Swedes were tobe invited to co-operate actively in lent to him. so good a cause.  AI1 this Charles fancied he could Jan. . do without giving offence to anyone. When the resolution of the Committee was referred to the full Council, he asked the opinion of the members how the business could be best effected without the least danger of breaking with Spain. Feb. x. After much discussion, it was resolved that the ships should be lent. Merchant vessels lying in the Thames were to be pressed to make up the number. The news of the King's concession was received with enthusiastic applause at Court. Noblemen came forward to offer voluntary contributions to lighten the expense. Lord Craven declared himself ready to give as much as 3o, ooo/. Itis hot likely that those who thus freely opened their purses expected very happy results from such an enterprise ; but, though they knew well that the Palatinate was hot tobe recovered by the capture of a few Spanish cruisers, they believed that the conflict, once begun, would hot be limited to the sea. When once he was engaged even indirectly Charles would find it impossible to drawback. Ofiate had told hlm that he would hot be allowed to make war under his nephew's cloak, and everyone but Charles himself was of opinion that Ofiate was in the right. So, too, thought the Irench Government. Richelieu could Fresh over- hot comprehend how Charles could mean anything tures from but war with Spain. The very day on which the decision was taken in the Council, a courier arrived with fresh overtures from France. s Richelieu no longer  13everen to the States-General, Jan. 6. 13oswell's proposa1 at the 9 Add..MSS. 7,677 P. fol. 48, 6. Hague, Feb. xg'  Correr to the Doge, Feb. s' o I/en. 2;irss. Beveren to the State- General, Jan. 27 f--b.-6' Feb. , Add..3ISS. 7,677 O, fol. 66, 63. 1637 FRIACH 0 VIR TURES. o demanded the immediate conclusion of a league offensive and definsive. It would be enough for the present if Charles would aee to an auxili.ary treaty, as it was called, by which he was to engage to give no help either directly or indirectly to Spain, the Emperor, or Bavaria, to allow the levy of 6,0o0 volun- teers for the service of Louis, and to put to sea at least thirty armed vessels to guard the coasts of France and England and hinder the transport of money and munitions to Flanders. On the other hand, Louis was to make no peace without Charles's consent, or even to treat for t without assurance or the restitution of the Palatinate, Maximilian being, however, allowed to retain the Electoral title for his lifetime. A con- ference was to be opened at Hamburg or the Hague, at which the allies of France were to meet to draw up conditions em- bodying these demands. If the Emperor refused to grant them, England would then join France in an offensive and defensive alliance. Besides all this, the Elector was at once to be sent to sea at the head of twelve or fifteen ships. Even the league offensive and defensive, distant as it was, was explained away so as to suit Charles's taste. It was to bind him to nothing more than a maritime war. He was to stop the passage of ships between Spain and the Indies and between Spain and Flanders. Places taken by the French in the Low Countries were to be deposited in the hands of the Elector Palatine, as a pledge for the ultimate restitution of his inheritance. Charles could hardly avoid taking into consideration a pro- posal so studiously moderate ; but he resolved to make sure Charles a«- of his position at home before he entered into any t«i,«s to engagement abroad. His right to levy ship-money consult the jt, dges about WaS now denied, hot by isolated persons, nor even ship-money, by isolated groups of persons, but by the leaders of the nobility, by councillors of state, bymen of weight and influence in the country. At least the substance of the pro- testation drawn up can hardly bave failed to corne to his knowledge, and he must have heard that an intention existed of bringing the question to an issue in the Courts o! Vestminster in such a manner that it would be impossible to o6 TIt!t?D IVRIT OF SttlP-JIOA'E : cH. LXXXI| dispose of the complaint as summarily as Chambers had been dismissed by Berkeley a fev months before. Once ntore therefore Charles proceeded to state his case to the judges. "Taking into out princely consideration," he wrote, "that the honour and safety of this out Feb. . The King's realm of England, the preservation of which is on]y letter, entrusted to our care, was and is now more nearly concerned than in late former times, as well by divers counsels and attempts to take from us the dominion of the seas, of which we are sole lord and rightful owner and proprietor, and the loss xhereof would be of greatest danger and peril to this kingdoln and other our dominions,--as many other ways ; ,Ve, for the avoidin. of these and the like dangers, well weighing with ourselves that where the good and safety of the kingdom in general is concerned, and the whole kingdom in danger, there the charge and defence ought to be borne by all the realm in general, did for preventing so public a mischief resolve with ourselves to bave a Royal navy provided that might be of force and power, with Almighty God's blessing and assistance, to protect and defend this our realm and our subjects therein from all such perils and dangers ; and for thnt purpose we issued forth writs, COlnmanding thereby all our said subjects to provide such a number of ships well furnished as might serve for this our royal purpose, and which might be done with the greatest equality that could be. In performance whereof, though generally throughout all the counties of this our realm we have found in our subjects eat cheerfulness and alacritv, which we graciously interpret as a testimony as well of their dutiful affections to us and to our service as of the respect they have to the public, which well becometh every good subject :-- "Nevertheless, finding that some few, haply out of ignor- ance what the laws and customs of this out realm are, or out of a desire to be eased and freed in their particulars, how generaI soever the charge ought to be, have hOt yet paid and contributed the several rates and assessments that were set upon them ; and foreseeing, in out princely wisdom, that from hence divers suits and actions are hOt unlikely to be coin- 1637 MN .4PPE.4L TO TttE 'UDGE& o7 menccd and prosecuted in our several courts at Westminster ; l, Ve, desirous to avoid such inconvenicnces, and out of our prmcely love and affection to all our people, being willing to prevent such errors as any of our loving subjects may happen to run into, have thought fit in a case of th;s nature to advise with you our judges, who we doubt not are all well studied and informed in the rights of out sovereignty ; and because the trials in our several courts by the formality of pleadings will require a long protraction, we have thought expedient by this our letter, directed to you all, to require your judgments in the case as it is set down in the enclosed paper, which will not only gain time, but also be of more authority to overrule any prejudicate opinions of others in the point." Such a letter speaks for itself. Objectionable as was the practice of consulting the judges as legal advisers of the Ya,,r«« Crown, it was sanctioned by too long a course ,hietter. of precedents to make it likely that it would be lightly abandoned. Hitherto, however, whenever the Crown had asked the opinion of the judges, it had asked that opinion at least ostensibly to enable it to shape its course according to the law. Charles now openly asked them to promulgate that opinion which he had received froln them a year before, not to enlighten himself, but to hinder his subjects from arguing the disputed question in Westminster Hall. No doubt, as Finch, who was again entrusted with the work of persua- sion, afterwards declared, they all knew that their opinion could have no binding force till it had been argued be- fore them by counsel ; but neither can there be any doubt that the King wished it to be accepted by his subjects as binding. The case laid before the judges was as follows :--" When the good and safety of the kingdom in general is concerned, "rb« iig's - and the whole kingdom is in danger ;---Whether ««" may not the King by writ under the Great Seal command all the subjects of this kingdom, at their charge, to provide and furnish such number of ships with men, victuals, and munition, and for such time as he shall think fit, for the defence and safeguard of the kingdom from such danger and 2o8 THIRD IURIT OF SHIP-MON.E]: CH. LXXXII. peril, and by law compel the doing thereof in case of refusal or refractoriness ? "And whether in such case is not the King the sole judge, both of the danger, and when and how the same is to be pre- vented and avoided ?" After rive days' deliberation, ail the twelve judges returned an answer in the affirmative to both these questions. Croke and Hutton had only signed because they were informed Feb. 7- ^ns,«roç that it was the practice that the minority should be ,hci,,ag«s. bound by the opinion of the majority, and Bramston, if we rnay trust the tradition of his family, would have pre- ferred to insert words limiting the obligation of furnishing ships to the time of necessity only. But the objection was overruled, and a week afterwards the opinion was read publicly V«b.4. in the Star Chamber by the Lord Keeper as 'the Th«iransw« uniform resolution of ail the judges' opinions with publicly • d. one voice.' Orders were given that it should be entered in the Star Chalnber, in Chancery, in the King's Bench, Common Pleas, and Exchequer, and that it should be published by the judges at the assizes. Coventry, indeed, added that it was not the King's intention to prohibit his subjects from bringing actions if they chose to do so, but he plainly hinted his belief that any lawyer would be very foolish who took up so desperate a cause in defiance of the fathers of the lawJ The judges had been fairly launched upon the tide of political conflict. The question which they had been asked to Position of decide was hot one to be settled by mere reference thejudges, tO statute and precedent. The sovereignty of Eng- land was involved in it ; and it was hardly tobe expected that more than a small minority of the judges, dependent as their seats were upon the good pleasure of the Crown, would be quick-sighted to detect the weakness in Charles's case. Out of the atmosphere of Westminster Hall, however, the solution arrived at by the judges seemed strange indeed. To  The King to the Judges, Feb. . Answer of the Judges, Feb. 7, S. 29. Dont. cccxlvi. 1, ]4 Autobiograhï of Sir fit. ramston, 68. ushworth, ii. 357-. 637 TtlE UDGES AND THE NATION. o men with their eyes open it was perfectly clear that Charles's claim had nothing in common with the demands which the Plantagenet kings had put forward in their hours of peril. Even if it had been conceded, as we at least may fairly concede, that the King had judged rightly that the growth of the mari- time forces of France and the Netherlands constituted a perma- nent danger to England, which needed tobe met by a permanent defence, the lnen of that da, might fairly argue that it was all the more necessary that Carles should t.qe thê nation into his counse!. Their common sense told them that it was no question whether the King or the Parliament was the best judge of danger. It was a question whcther Parliaments should cease to exist in England.  The desire to go back to the old state of things seized Upon the minds of Englishmen. Unhappily, under Charles's lnismanagement, the old days, when Crown and Parliament could work harmoniously together, had passed away, at least for a rime. It could not be long before the bitter feeling thus aroused would make itself plainly felt. For the present, however, the opinion of the judges had its weight. Rapidly and surely the collection of ship-money proceeded. * On February i8 the whole sure gathered in upon the new writ was March. 54,oooL, on Match 4 it was 68,5ool. , and the amount had risen to 89,oool by the end of the month, s  The language, incorrect as it is, in which the Venetian Ambassador described the opinion of the judges is significant of the sense in which it was taken by his informants. They declared, he says 'che il Rè. per difesa del regno et per altri simili gravi urgenze, per il bene del medesimo habbia libera faccoltà d'imponer taglie et aggravie a sudditi a voglia sua, senza haverne mai a tender conto al Parlamento del bisono che in qual- sivoglia tempo possa astringerlo a tal deliberatione, dovendo esser giudice lui solo et la sua sola conscienza, non obligato t tender conto ne dei pro- prii dissegni ne degl' interessi dello stato, a chi si sia de" suoi vassaili.' The consequence, he goes on to say, wiil be ' a sradicare in un colpo per sempre la radunanza de Parlamento et a tender il Rè in tutto e per tutto independente e sovrano.' Correr to the Doge, Feb. ._7 Iç'n. ]IISS. t Correr to the 1-)oge, Match  /en. J/SS. x3 • Accounts of Ship-money, Feb. 8, Match 4, 3 I, S./9. Lom. cccxivii 43, cccxlix. 3I, cccli. 36. " '" VOL VIII. .o THIt?D Il'RIT OF SHIP-.]IO2VEJ . cH. Ly._XXL On February I7, three days after the Lord Keeper's announcement of the opinion of the judges, the treaty proposed Fb. rz. by France, corrected in some minor particulars, was "rhtraty finally accepted by the King. 1 On the 2oth it was accepted. sent back to France. No one at the English Court Fb. 2ï. entertained a doubt that the French alliance was se- The King certain that cure. Full powers were sent to Leicester to conclude the French ali-nc« i everything by March. The riaomerit the riews should secured. reach England that the treaty had been signed pre- parations were tobe ruade for sending the Elector to sea. He was to sail on April 5 with fifteen ships of war, carrying an .\dmiral's COlnmission rioto the King of France. Money was cxpected to pour in from the rich lords and commoners who were anxious to support the enterprise.  Never to the inexperienced had Charles's affairs, appeared in a more prosperous condition. Opposition at home seemed to bave been silenced by the declaration of the judges. Abroad the King seemed to be on the eve of obtaining that which he had long sought in vain--the pledge of a great power to obtain for him the Palatinate, the sole object of his aire upon the Continent, in return for a merely maritime assistance. Ail this, too, was to be his without any necessity of recurring to Parliament. Those who applauded Charles's resolution knew well that he was embarking on a course entailing larger responsibilities than he imagined, and that a war once begun indirectly could hOt be circumscribed at his bidding. If their hearts were a little in the Palatinate, they were much more in England. On the despatches which went forth to Leicester they saw written in invisible characters the supremacy of Parliament, the re- organisation of the Church, and the humiliation of Laud. Laud himself was distracted between hope and fear ; but it was hope that predominated. Like his master, he believed in the possibi.lity of limiting the war. "God speed what must go  Treaties, Feb. 14, S. P. Frattc¢.  Beveren to the States-General, Feb. 2 Add..ISS. 7,677 P, fol, larch 4  x637 PEACE OR IVAR? a) on," he wrote to Ventworth. " ]lut, God be thanked, in ali this rob. ,, troublesome business God hath exceedingly blessed La's i«,, his Majesty. For this term, the judges have all de- of the position, clared under their hands, unanimously, that if the kmgdom be in danger, the King may call for, and ought to have, supply for ship-money through the kingdom, and that the King is sole judge when the kingdom is in this danger. So that now the King--if he be put to it--may anger his enemies at sea, and I hope no man shall persuade him to undertake land-forces out of the kingdom. I did fear every- thing till this point was gaine& Now, by God's blessing, al] may go well, though it should be war." 1 There was one man amongst Charles's subjects who at the saine rime foresaw his danger and desired to avert it. That Feb. 8. man was Wentworth, and to him Charles applied for The King advice. It was the first rime, as far as we know, applies to Wentworth. that the Lord Deputy's opinion had ever been asked on the larger issues of policy. Wentworth knew too well the arduous nature of the difficulties which had still to be over- corne at home before Charles could hope to gather round him a submissive Parliament, to look with anything but the deepest distrust upon the merest shadow of warlike action. To the fortunes of the Palatinate he was utterly indifferent. A rich and prosperous England under his master's sceptre was the ideal for which he strove, and all other considerations were but as dust in the balance. "I must confess," he wrote in reply, "the services and interests of your Majesty are laid so near and close to my heart as it affects me very much to hear the peace and pros- «r 3. perity of your affairs at home disquieted by entering wwotr«s again into action upon any foreign hopes or en- reply. The gagements abroad, until the Crown were discharged King hot o,i fo of debts, the coffers filled, and your Majesty's profits and sovereignties set upon their right foot throughout your three kingdoms. And in truth, this foundation well and surely laid, what, under the goodness ofAlmighty God, could be  Laud to Wentworth, Feb. II, l'r$) vii. I. THIRD If'RIT OF SHIP-.,[OA'EI . CH. LXXXII. able to shake this monarchy or stay the wheel of your Majesty's tri,umph ?" It was 'an acknowledged truth,' he proceeded to say, 'that kings and common parents ought, next to themselves, princi- Toloo,t pally tO intend the weal and security of their people home fit»t, for whom they are . . . answerable to the world in point of honour and to Almighty God in case of conscience.' The proposed war would certainly bring with it a great charge, and would interrupt that stream of commerce of which England as a neutral State was reaping the benefits. It might fairly be asked whether the King was bound in justice and honour to restore his nephew at ail. The misfortunes of that familv had not been due to any advice given toit from England. Even if any such duty existed, it was doubfful whether France were either able or willing to give effectual help. It was also to be doubted whether the mere assistance of an English fleet wouid be sufficient to induce France to fulfil all the promises she migh make ; and even if this were taken for granted, it must be remembered that a fleet sent to sea was subject to casualties, an.d that it was useless to send it out without being ready to reinforce it, or even to provide a second fleet if the first were destroyed. Here, then, came the practical so. unaccountably overlooked. If ment, what was to be How'is the neet to b« to be asked to pay two question which Charles had the fleet needed reinforce- donc? Were the subjects levies of ship-money in the reinforced. saine year? If hot, what remained but to summon Parliament ? Further, it is clear that Wentworth wished the King to bave the acknowledged right of levying money to support an armv, , ,rmy as well as money to support a naD'. Thus only would e,ry. he be able to defend England by keeping his ad- versaries employed abroad. " It is plain indeed," he continued, "that the opinion delivered by the judges, declaring the lawful- ness of the assignment for the shipping, i.s the greatest service tht profession hath done the Crown in my time. But, unless his Majesty bath the like power declared to raise a land army upon the saine exigent of State, the Crown seems to me to stand • 637 14.'ENTIf'ORTtl'S AD VICE. but upon one leg at home, to be considerable but by halves to forelgn princes abroad. Yet even this, methinks, convinces a power for the sovereign to raise payments for land forces, and consequently submits to his wisdom and ordinance the trans- p»rting of the money or men into foreign states, so to carry by way of prevention the tire lfoin ourselves into the dwellings of out enemies--an act which it seems Edward III. and Henry V. full well understood---and if by degrees Scotland and Ireland be drawn to contribute their proportions to these levies for the public, omne luli./,unclum. "Seeing then that this piece well fortified, for ever vindi- cates the Royalty at home from under the conditions and restraints of subjects, renders us also abroad even to the greatest kings the lnost considerable monarchy in Christendom ; seeing again, this is a business to be attempted and won from the subject in time of peace only, and the people first accus- tomed to those levies, when they may be called upon, as by way of prevention for our future safety, and keep his Majesty thereby also moderator of the peace of Christendom, rather than upon the bleeding evil of an instant and active war; I beseech you what piety of alliances is there that shou]d divert a great and wise king forth of a path which leads so manifestly, so directly, to the establishing his own throne and the secure and independent seating of himself and posterity in wealth, strength, and glory, far above any their proêenitors, verily in such a condition as there were no more hereafter to be wished them in this world but that they would be very exact in their care for the just and moderate government of their people, which might minister back to them again the plenties and comforts of lire ; that they would be most searching and severe in punishing the oppressions and wrongs of their subjects, as well in the case of the public magistrate as of private persons, and lastly to be utterly resolved to exercise this power only for public and necessary uses ; to spare them as much and often as were possible, and that they nevet ge wantonly vitiated or misapplied to any private pleasure or person whatsoever. This being indeed the very only means to preserve, as may be said, the chastity of these levies, and to recommend their beaut), so 24 THIRD IVRIT OF .çHIP-lllONEV. CH. LXXXII. far forth to the subject, as being thus disposed, it is to be justly hoped they will never grudge the parting with their monies." 1 Itis unnecessary to follow Wentworth into the details of lais recommendations. Never was any State paper written in which the object and the means by which it was to Tone of the r,commen- be gained stand more clearly before the reader. It dations, needs no interpreter to explain its meaning. Itis the old, old story of a beneficent despotism, of the monarch who is to cast all personal affections, all dynastic entanglements aside in order that he may establish a power which he may use for his people's good. It was no new thought which had won its way into Wentworth's mind. Once he had !ooked for his ideal of government to the authority of the Crown exercised in such a way as to deserve the approbation of the House of Colnmons. In his hatred of the anarchy and disorder which was proceeding from an incapable minister, he had leaned more upon the voice of the House of Commons than under other circumstances he would have been inclined to do. Then had corne a rude awakening. The House of Commons put forth its hand to grasp the sovereignty of the State, and became in its turn, as it might well seem to him, the fountain of anarchy and disorder. He chose his side. He stood for the King, to bring order out of disorder, discipline out of anarchy. Still there was to be answering acceptance by the governed, no longer indeed from the old political classes, but from ' the new social strata' beneath them, speaking their inarticulate thanks not in parliamentary oratory, but in heartfelt prayers by humble cottage hearths. Every year that he had passed in Ireland had branded this ideal of government more deeply on his mind. It could not be that the medicine which had cured, or seemed to cure, so many ills on one side of St. George's ChanneI, should fail of its efîacacy on the other. There have been nations in such a stage of political de- velopment that XVentworth's advice would have been, if not the highest policy, at least the highest possible policy. It is not likely that, with his feeling of dislike towards France, there t Wentworth to the King, lXlareh 3 I, inclosing Considerations, &c., çtra'ord Zetters» ii. 59. 1637 IVENTIVOITH AA'D RI(_.'HELIE. t ç was in Wentworth any conscious imitation of Richelieu ; but there may well have been an unconscious tendency Comparison bet,,,«n to aire by the same means at the ends at which Wentworth aud Riche- Richelieu was aiming. England may well be proud i«,,. of possessing m Wentworth a nobler, ifa less prac- tical statesman than Richelieu, of the type to which the great Cardinal belonged. He was more solicitous for the in- ternal welfare of his country than Richelieu was, less solicitous for its external greatness. The prosperity of the poor, of the weak, of all who had none to help them, held a larger place in his imagination. On the other hand, as far as the foreign relations of the country were concerned, he stands on a lower level than Richelieu. _Anticipating the policy of the reign of Charles II. and of the eighteenth century, he thought of making England materially prosperous, without care for the moral and spiritual interests of Europe as a whole. His foreign policy, like that of Chathaln, was distinctly English ; whilst that of Richelieu ailned at serving France by entering into colnbina- tion with the interests of the most developed of European states. Whatever may be thought of Wentworth's policy, Eng- land may be proud to remember that she needed hot the terrible surgery to which he would have subjected her. In France, to vindicate the throne ' from under the conditions and restraints of subjects ' was to cast off the tyranny of a self- seeking nobility entirely devoid of public spirit and ailning solely at enriching themselves at the public expense. It would be to close our eyes to the history of the parliaments of the early part of the eighteenth century to assert that no danger ot the kind awaited England ; but the danger was as nothing to the danger which awaited England from Wentworth's success. If the great dramatist who had told forth the historical concep- tions of the Elizabethan age had held up to admiration, in Henry V., a king who could live free from the conditions and restraints of subjects, he had acknowledged that the ilnposi- tion of those conditions and restraints upon Richard II. was the last sad necessity of evil rule. He could recount the scenes of the life of John without according even a passing glance to the barons of Runnimede. Though he felt no attraction to the -"6 TH1RD Il'RIT OF .çH1P-JlIOI''E}: cH. LXXXlX. ireat Earl Simon, or the greater Edward I., and though, in telling of the Parliament which called Richard II. to account, he dwelt upon its janglings and its injustice, he could yet acknowledge its action to be a necessity. Yet though to the student of Shakspere there is nothing startling in Wentworth's reliance on the nobleness of kingship rather than on the popular will, it was none the less a mighty revolution which Wentworth was imagining. That which for Shakspere was the result of the combined force of ability and character in the ruler, was placed by Wentworth above those conditions. The armed soldiers and the armed fleet which he was anxious to gather for the defence of the throne would fight for a bad governor as well as for a good one ; would arm the King against treason and con- spiracy, but would also arm him against the natural conse- quences of his own errors and crimes. Shakspere had seen what Wentworth could hOt see, that it was better that a govern- ment should be levelled in the dust than that it should cease to be answerable for its faults. Froln the midst of the glories of the Elizabethan age he had proclaimed that principle of the responsibility of the Governlnent by which the English people had been truly great, that principle which is deeply rooted in the highest needs of the human race itself. To this principle Wentworth had become a traitor--an honourable, high-minded traitor it may be--but a traitor still. If Charles had been far greater and nobler than he was, if his will had been the true measure of justice for his generation, nothing short of the as- surance ofthe utter incapacity of the political classes of England for taking part in government at all could have justified Went- worth in choosing to rest the powers of government upon the unchecked will of the sovereign. Clear perception of all the conditions of action was there- fore wanting to Wentworth. He could see nothing in Puritan- ism but the dry unimaginative contentiousness of a Prynne ; nothing in the political opposition but the greedy brainless agitation of a Holla.nd. Above ail, he could hOt see, how utterly unsuitable Charles was to become the corner.tone of. the policy which he contemplated. With what ears would Charles hear that Wentworth had recommended hirn to post- pone, if not entirely to sacrifice, those claires of his sister and her family which had been so near to hls heart ever since he came to the throne? With what ears would he hear that Wentworth, in his long exposition of the objects to be ailned at by means of ship-lnoney, had absolutely forgotten, till twenty days after his letter was written, even to lnention that scheme for obtaining from the Dutch the payment for the fishing licences which he himself looked to as an acknowledgment of his claire to the sovereignty of the seas?l Wentworth's political aires would bave been equally worthy of condemnation, and would have been far more dangerous, if a ruler with a spirit as lofty as his own had been upon the throne of England. _As it was he might as well have been engaged in spinning ropes out of the sand of the sea as in building up a potent and absolute monarchy of which the sceptre was to be held in the hands of Charles. It needed hot Wentworth's voice to rebuke Charles's fluctuation between peace and war. _Already that The French treaties re- policy was crumbling away by its own inherent rot- ferred to " ff,turccon- tenness. No sooner had the treaty reached France sideration, than the French began to raise objections to the alterations which Charles had made in it. In vain Charles urged baste, that his nephew's fleet might put to sea. He was told that, though Louis was himself ready to accept the treaty, he could hot ratify it till it had been referred to the consideration of the allies who were shortly to meet in conference at Hamburg. Another summer would thus be lost, an object which it is probable enough that the French, despairing of any real aid from Charles, had in view from the very commencement of the negotiations.  In vain Charles, being disappointed of help from France, had attempted to fall back upon Spain, and had sent Windebank to propose to Oflate one more secret treaty for the Palatinate. Oflate replied by asking what Charles intended to do against France and the Dutch. Then came a renewal of the old dis- pute, whether Spain was to begin the friendship by restoring  Wentworth to the King, April I9, Strafford Letters, ii. 64.  Leicester to Coke, March 9 ; Coke to Leicester, May 6 ; Leiceste to Coke, June 6, 2, S..P. France. • .18 THIRD I'tïIT OF SHII'-J*IO2V2?]: CH. LXXXII. the Palatinate, or England by making war against the Dutch. Ol-late kept up the discussion, but he wrote home that it was of no importance whatever. Charles, he said, as had been so' often said before, was too weak to make war unless he would consent to summon Parliament and to accept it as his toaster --a thing which both he and his ministers were afraid of. The Spanish Government, like the French, saw clearly that all that was to be donc with Charles was to keep him mnused. Riche- lieu and Olivares were well aware that, however much he might talk, he would never act.  Charles's dealings with the Dutch were of a piece with his dealings with France and Spain. Erly in the year, Winde- bank had been instructed to write to Boswell at the .lanuary. vi,,dk. Hague, suggesting the probability that, if instead of overtures tO , »,,t« negotiating with the State authorities, he should enter .,n«r,,. into COlnlnunication with the fishennen themselves, they would ail of thcm cheerfully and unanimously accept lais Majesty's gracious offer of licences, and most willingly corne under his protection. Boswell was to reinforce this reason- ing by a judicious use of money, in gratuities and rewards to those that were 'lnOSt powerful and likely to make the greatest opposition among them. ' Boswell reported that the fishermen were hot averse to the proposal, but that they wished to know how the King of England's licences were to protect them against the cruiscrs of the Cardinal Infant. If the Government at Brussels would acknowledge their sufficiency, the offer would be worth thinking of. q'he next best thing would be to induce the Cardinal Infant to support the King's licences with passports of his own, if it were only for the pre- sent season It was unreasonable to ask them to depend merely on the protection of the English fleet. If Boswell would settle the matter for them, they would gladly place » Message by Windebank to Oriate, April 3 x3 ; Philip IV. to Oate, Aprillay 3°,o' May  ; Oiiate's answer to "Vindebank, May -'3 Answer of the King, May u3 May27, May Juê- ; Oïiate to Æhilip IV., June 6, June 7' Simagcas ]]SS. 2521 » 2575. " Windebank to Boswell, Jn. (.*}, s. 1" Iollan& 1637 7ttE DUTCH FISttERME«V. u9 ,,ooo/. at his disposal.* After some further haggling, the sum was raised to =,oooL With Charles's full approval the money was forwarded to Gerbier at Brussels, to use as he thought best in gaining over the Spanish authorities. Gerbier was an adept at such intrigues. He bribed the mistress of the Cardinal Infant. He ruade pressing instances ail, with the brother of the leading minister, President Negotiations De Roose. He was successful even beyond his t,». expectations. The Crdinal Infant was won to promise the passports which Gerbier had been instructed to demand. Tben in the moment of triumph the cup was dashed from his lips. The old Marquis ofFuentes, who was the King of Spain's admiral in those seas, protested that he would pay no attention to any passports which did not corne direct from Madrid. If the Cardinal Infant were to «o down on his knees to him on behalf of the Dutch fishermen, he would not spare a single herring-boat. He repudiated the authority of the Brussels Government to send him such orders on such a subject.  If this easy and pre-arranged triumph was not to be gained, it was hard to say what was to be donc with the great ship- Nohum- money fleet of which Northumberland once more berland's took the command. Charles coud not possibly fleet. know for some months to COlne whether he was to be at war or hot, and there were no signs that either a French or a Spanish navy was inclined to test his pretensions in the Channel. It was hOt till the beginning of June that Northum- berland joined the fleet. After convoying the Elector Palatine and Prince Rupert to Holland, he sailed down the Channel, to meet with nothing but a few poor fishermen between Dorer and the Land's End. He himself felt bitterly the contrast between promise and performance. "No man," he wrote, "was ever * Boswell to Windebank, Feb. 25, S. /. I-Zollan& * Windebank to Boswell, Match 27 ; Boswell to Gerbier, April z 4 ; I3oswell to Winde.bank, May 13, May 2I; Windebank to Boswell, Juv.e 5, s. P. lqollana. Gerbier to Windebank, April 2z, 29 ; Gerbier to Bosweil, May 9, & t: Fland«rs. -o THIRD H/7IT OF SHIP-MOIViEY. CH. nXXX]L more desirous of a change than I ana to be quit ofmy being in a condition where I sec I can neither do service nor gain credit." 1 It would be well for Northumberland if he did not actually lose credit by his employment. When it was known that no july. passports would be granted at Brussels, Northumber- Attempt to land was ordered to make an attempt to induce the distribute fishing li- l)utch fishermen to take the licences without them. ce». He was to send a merchant ship, lest the King's flag should be exposed to the disgrace of a refusal, as Charles, in the uncertain state of his relations with the continental powers, was unwilling to employ forcer" Captain Fielding was accord- ingly despatched to the fishing boats, to offer them the King's protection against the Dunkirk privateers if they would only consent to take the licences. Fielding carried out his orders. He found six or seven hundred boats busy with the fishery off Buchan Ness. He found too, that they were guarded by twenty-three July 8. Thelicences men of war of their own country. The Dutch • eud, admiral absolutely refused to allow him even to speak to a single fisherman, a The story of course got abroad. Windebank at once sent orders to the fleet to explain it away. By the King's special command he directed Northumberland to give out The story to b.:cot.- that Fielding had hot been sent to offer licences at dicte& ail. He was to say that the purpose of his mission had been to give notice to the fishermen 'of the forces prepared by the Dunkirkers to intercept them in their return, and to offer them his Majesty's protection, but no licences ;' the story 'of the licences being to be cried down, and the other to be avowed and reported through the whole fleet. " 1"o which purpose," continued Windebank, "your lordship is.to instruct Cal»tain Fielding, whom his Majesty understands to have been too free in spreading the former report, and there- fore he is to be admonished to be more reserved hereafter in  Northumberland to Roe, Aug. 6, S. /9..Dom. ccclxv. 28.  Windebank fo Northumberland, July 3, 6, ibid. ecclxiii. 2h 41. s Fie_ding to Windebank, July 24, S. t:'. Z)om. ccclxiv. 43. 7637 ulxrpARLIA2IENTAR Y GO VER51LENT. 227 such great services, and in the meantime to make reparafion by divulging this, and suppressing the former." t This, then, was the king who was to free the English monarchy from the conditions and restraints of subjects. Appearances Outwardly ail might yet seem to be well with him. of»,ccess. " Eight years," to use the words of that patient and diligent investigator whose labours bave donc so much to facilitate the task of the historian,  " had clapsed since a Par- liament had been called together, and there seemed no reason to suppose that any person of the then present generation would ever hear 'that noise,' to use the language of Arch- bishop Laud, again. The King was in the prime of life, in excellent health, devoted to active exercise in the open air, happy in his domestic relations, attentive to business, and as attached to the new thorough principles of government as even I.aud or Wentworth, or the most devoted of their adherents. Time and chance, of course, happen to ail men, bat so far as the King was concerned, there seemed no probability of any change for many years to corne. The Queen's accouchement had added a fifth to the arrows in the royal quiver. Two sons and three daughtersS set at defiance all ordinary chances in reference to the succession, and the likelihood seemed to be that long ere the father was called away, the eldest son, then in his seventh year, would be out of tute]age, and that, on his father's death, he would be fully competent to ascend the throne, and carry on the government according to what would then be regarded as the settled principles of the English constitution, ° "The new mode of government was of that kind which is the simplest in the world. It was the English consti- l4"ature of tgo,r,- turion with that.which is supposed to give it its lire ment. and vigour--the Parlialnent--struck out. The Coun- cil took its place, and, with something like a show of following t Windebank to Fogg, Aug. o; Windebank to Northumberland, Aug. o, ibid. ccclxv. 5 , 53- * Bruce, Calendar ofl_)omestic State Iapers, 636- 7. Preface, i.  Charles, May 29, 163 o; Mary, Nov. 4, 63 ; James, Oct. 633 ; E!izÇbeth, Jan. 08, 635 ; Anne, Match 7, 637. z THIRD If'RIT OF SHIP-MOIOEY. CH. LXXX. former precedents, the Council really regulated ail things according to its own notions of right and wrong. In cases of importance, or cases in which the question at issue affected the interests of the State, the King was always ready to give their sittings and determinations the sanction of his presence and authority, and . . . he was no silent melnber of what was then the only public deliberative body in matters of government. On the contrary, he held and controlled its decisions with a lofty regal peremptoriness which rebuked all doubt and negatived the possibility of opposition. "There is in this respect a very great difference between the Charles of the first few years of his reign and the Charles Chresa,, of I637. Under Buckingham, the favourite was hisministers, everything ; he governed alone ; the King scarcely intermeddled with business, was seldom heard of in such matters, and still more seldom seen.l . . . Since Buckingham's death, King Charles had become well versed in business, was informed of whatever was going on, attended meetings even of committees, directed their decisions, and when not present, was consulted in all important matters. The Government was thus really and truly his, hOt by a complimentary oncial figment, but by actual interference with ils management and direction." That government was now, to all appearance, at its height of power. The declaration of the judges seèmed to have given Charles for ever the legal possession of resources which placed him above all necessity of submitting his will to restraint. In reality that declaration was the signal of his decline. It flashed in the faces of his subjects the truth which in their enduring loyalty they had been slow to learn-- the truth that their property, their rights and liberties had passed into the keeping of a single man. That man was hOt indeed uninfluenced by nobler aires. He wished his people to be happy and peaceful, above a!l to be orderly and virtuous  I omit here "Laud, on the contrary, ruled the country through and by the King," because it implies that Laud bore sway in Civil aairs to a greater extent than he did. There were plainly other influences at work to which Charles sueeumbed as he did not in Buckingham's lime. THE 7"URN 05 THE TIDE. 3 under his sway. But he had neither intellectual insight nor force of character to enable him to carry out his idem into practice. Ever, with him, large designs were followed by paltry performances; irritating interference with the habits and opinions of his subjects led to no result worthy of the effort. ttis was a government not of tierce tyranny, but of petty annoyance. It was becoming every year not more odious, but more contemptible. It inspired no one with respect, and very few with goodwill. In x636 the silence of the crowds which witnessed the King's entry into Oxli)rd had given evidence of the isolation in which he stood. In 637 the shouts of anger and derision in Palace Yard and in the streets of Edinburgh were the precursors of change, the voices which ushered in the coming revolution. CHAPTER LXXXIII. THE RELIGIOUS OPPOSITION. IN the summer of 1637 more than eight years had passed away since a lZarliament had met at Westminster. During those years, in spite of threats of war which Charles had neithet x637. Theresultof the ncrve nor the means to carry out, peace had eight years been maintained, and with the maintenance of peace of Charles's r,«. the material prosperity of the country had been largely on the increase. The higher aspirations of the nation remained unsatisfied. England had been without a Government, in the best sense of the word, as truly as she had been without a Parliament. That pacification of hostile ecclesiastical parties which Charles had undertaken to bring about was farther off than when the doors closed upon the Commons after the last stormy meeting in i629. The attempt to restore harmony to the Church by silencing Puritan doctrine, and by Ecclesiastl- caldicul- the revival of obsolete ceremonies, had only served ties. to embitter still more that spirit of opposition which was bitter enough already. The enforced observance of rites enjoined by external authority had not as 3'et produced a retaper of acquiescence. Yet it was in the firm belief that in this way alone could the spiritual welfare of the nation be promoted, that men like Laud and Wren were labouring against the stream which threatened to sweep them away. "The Fountain of w«.,aew holiness," wrote Wren, who as Bishop of Norwich ofthe point round himself in charge of one of the most Puritan at issue. districts in England, "is the Holy Spirit, Goçl blessed for ever. God the Holv Ghost breathes not but in his Holr Catholic Church. The Holy Church subsists not with- 637 UNIFOR.HTY" AND UNITI . 2z out the coInmunion of saints--no communion with tnem Without union anaong ourselves--that union impossible unless we preserve a uniformity for doctrine and a uniformity for discipline."  What Laud and Wren were unable to perceive was that their attempt to reach unity through uniformity was a sign of Unityto be weakness. They seized upon the bodies of men r«ach«d because they were unable to reach their hearts. Ihrough ,,,ror,nity. Yet, as far as could be judged by the avowed eccle- siasticaI Iiterature of the da), they were everywhere triumphant. White and l)ow, Heylya and Shellord, poured forth E¢clesiasti- cal litera- quarto after quarto in defence of the festive character t«. of the Lord's Day, or of the new position assigned to the communion-table. No writer who thought it sinfuI to shoot at the butts on Sunday or to kneeI at the reception of the communion was permitted to make himself heard. Yet, as might bave been expected, indignation found a vent. Thcre were presses in HolIand which would print anythmg The un- licensed sent tO them ; presses too in London itself which P«»" d;d their work in secret. The risk to which the authors of unlicensed books were exposed imparted acrimony t Wren to  {?), May 27, 7"armer 21ISS. lxviii, fol. 92 . The following passage from the saine letter shows low Wren wa prepared to carry out his principles in detail :--" Here I must be bold to say plainly the breach of that unity and uniformity in the Church hath priucipally been caused .... by lectures and lecturers .... 1N'ow, therefore, for :he tt,lwancmg the holy discipline of the Church, and for presetving uniformity therein, I ana resolved to let no nian preach in any place where he is not xlso charged with the cure ; thereby to put a straiter tie upon him to ob- ,erve and justify the rites and ceremonies which the Church enjoineth ; and I shall be very careful, if any man be found opposite or negligent in the one, without any more ado to render him unfit and unworthy of the other. For the preserving of unity of doctrine I date promise myself nothing where the preacher shall be forced to suit his business to the fancy og his auditors, and to say nothing but what pleases them. at leastwi»e nothing that may displease them ; and this needs he must do if his me:ns have hot some competency in it, and if a competency, then so much the worse if no certainty, but wholly depeuding on the will and pleasure of the hearers." VOL. VIII. --6 THE RELIGIO US OPPOSITION. CH. LXXXXXL tO their style. Many a pamphlet, sharp and stinging, passed rapidly and secretly from hand to hand. Laud found himself the object of tierce and angry vituperation. No misstatement was too gross, no charge too insulting, tobe believed against a man who refused to his adversaries ail chance of speaking in their own defence. Laud knew no other course than to persist in the path which he had hitherto followed. The terrors of the Star Chamber and the High Commission must be evoked l,aud re- soh,«.to against the misleaders of opinion. Three pam- suppress it. phleteers--William Prynne, Henry Burton, and John Bastwick--were selected for punishment. Prynne's style of writing had hot grown less bitter since his exposure in the pillory in i634. Under the title of A t636. Divine Tragedy lately acted he clandestinely printed l'rrn«s a collection of examples of God's judgments upon Divine ïragedy. Sabbath-breakers. He told of the sudden deaths of young men who had on that day amqsed themselves by ringing a peal of bel!s, and of young women who had enjoyed a dance on the saine day. He went on to argue that this wickedness was but the natural fruit of the King's Dedaration of Sports, and of other books which had been published by authority. He attributed a fresh outbreak of the plague to the special sin of Sabbath-breaking. In another pamphlet, called 2,éu,s from ZIsu,ich , he directed a violent attack upon Bishop Wren, affer .w,,,/o,,, ,«hich he proceeded to charge the bishops as a body t,,,id,. with SUl)pressing preaching in order to pave the way for the introduction of Popery. He called upon 'pious King Charles' to do justice on the whole episcopal order by which he had been robbed of the love of God and of his people, and ,«hich aimed at plucking the crown from his head, that they might 'set it on their own ambitious pares.' Burton was as outspoken as Prvnne. On November 5, i636 , he preached two serinons which he afterwards pub- Burton's lished under the title of tor God and the ICtn K. In • -.mo,_, Fo,- these he attacked the tables turned into altars, the ¢7d ad the K;. crucifixes set up, and the boving towards the east, • dth a tierce relentlessness which was certain to tell on the 1637 PRYNNE» BASTVICI(, AND tURTON. 227 popular mind. The inference which would be widely drawn was that these innovations being the work of the bishops, the sooner their office was abolished the better it would be for the nation. The inference at which 13urton arrived was the starting- point of Bastwick. Born in Essex, and brought up, like so Bastwick's many Essex men, in the straitest principles of e.arlylife. Puritanism, he had, after a short sojourn at Em- manuel College, the stronghold of Puritanism at Cambridge, left England to serve as a soldier, probably in the Dutch army.* He afterwards studied medicine at Padua, and returned home in 6- 3 to practise his profession at Colchester. ,633. Ten years later he published his Flagell»m His FlageL t'ontificis in Holland. It was an argument in favour lum Pontijq- ,-i,. ofPresbyterianism. He was, in consequence, brought ,e3s. before the High Commission and sentenced to a a'hesen,e, fine of ,ooo/.. to exclusion from the practice of by the High t.om.,isio,, medicine, and to an inaprisonment which was to last till he saw fit to retract his opinions. * The Flagellum _Pontiflcis was a staid production, unlikely to inflame the minds even of those who were able to read the "rhe A«o. Latin in which it was couched. Bastwick's next eeticus, book was the Alologeticus, more fiery in its tone, but still shrouding its vehemence in Latin from the popular eye. s At last he flung off all restraint, and struck fiercely at his persecutors. 2he Zitapty of John tastwick kept no quarter with the bishops. "From plague, pestilence, and x637. "r r.i,,,,» famine," he prayed, "from bishops, priests, and deacons, good Lord, deliver us !" The prelates, he said, were the enemies of Goal and the King. They were the tail of the Beast. They had opened 'the very schools to ungodlines and unrighteousness, impiety and all manner of licentiousness.' The Church was 'as full of ceremonies as a dog is full of fleas.' "To speak the truth, such a multitude of trumperies and  This is nowhere stated ; but his constant use of the word "groll" as a terre of reproach indicates familiarity with the Dutch language.  Sentence, Feb. 2, 635, S. I'. lom. cclxi. 78. I Its first title is poE«s z&v ¢r«r«6rxv. q za8 TttI" RELIGIOU" OPPOSITfOW. c. LXXXm. grollish ceremonîes are brought in by the prelates as all the substance of religion is thrust out." Churchwardens were ordered to inform 'about capping, ducking, standing, and kneeling,' as well as to accuse persons wandering from their own parishes in search of more palatable doctrine than was to be round at home, and persons who met in private for mutual edification and prayer. In Bastwick's eyes the eccle- siastical courts were altogether abominable. " I shall ever b6 of this opinion," he wrote, "that there is never aone of the l»relates' courts but the wickedness of that alone and their vassals in it is able to bring a continual and perpetual plague upon the King's three dominions." All manner of wickedness was there vendible, so that if men would but open their purses ' remission of sins and absolution, with a free immunity from ail dangers,' would be 'with facility granted them.' "Take notice," he wrote in conclusion, "so far ana I from flying or :fearing, as I resolve to make war against the Beast, and every limb of Antichrist, all the days of my lire .... If I die in that battle, so much the sooner 1 shall be sent in a char;ot of triumph to heaven ; and when I corne there, I will, vith those that are under the altar, cry, 'How long, Lord, holy and true, dost Thou not judge and avenge our blood upon them that dwell upon the earth ?'" On June x4 the three assailants of the bishops appeared before the Star Chamber to answer to a charge of libel. Even June,«. men who were attached to the existing system of ahe st government long remembered with bitterness the Chamber trials, scene which followed. When Prynne took his place at the bar, Finch called upon the usher of the court to hold back the locks with which he had donc his best to cover the stars left by the execution of his former sentence. " I had thought," said the Chier Justice with a sneer, "Mr. Prynne had no ears, but methinks he hath ears." The executioner had dealt mercifully with him three years belote, and there was still a possibility of carrying out the sentence which Finch had ruade up his mind to inflict. The three cases were practically undefended. Burton's answer had been signed by his counsel,  Dutch,  grollig,' foolislL I637 PR FTX5VE, B4STIVICI,.; .,4ND BURTON. but was rejected by the court as irrelevant. The answers of the other two were so violent that no lawyer could be induced to sign them. The three accused persons said what they could, but in the place in which they stood nothing that they could say was likely to avail them. "There are some honourable lords in this court," said ]3astwick, his old military instincts stirring strongly within him, "that have been forced out as combatants in a single duel. t It is between the prelates and us at this time as between two that have been appointed the field ; the one, being a coward, goes to the magistrate, and by virtue of his authority disarms the other of his weapons, and gives him a bulrush, and then challenges him to fight. If this be not base cowardice, I know not what belongs to a soldier. This is the case between the prelates and us ; they take away our weapols--our answers--by virtue of your authority, by which we should defend ourselves ; and yet they bid us fight. My Lord, doth not this savour of a base, cowardly spirit ? know, my Lord, there is a decree gone forth--for my sentence was passed long ago--to cut off our ears." The sentence was indeed a foreone conclusion. At Cot- tington's motion the three accused men were condemned to The sert- lose their ears, to be fined 5,ooo/. apiece, and to be tente imprisoned for the remainder of their lives in the Castles of Carnarvon, Launceston, and Lancaster, where, it was fondly hoped, no breath of Puritan sympathy would reach them more. Finch savagely added a wish that Prynne hould be branded on the cheeks with the letters S. L., as a Seditious Libeller, and his suggestion was unanimously adopted.  The speech which Laud delivered in court was long and argumentative.  The main charge which had been brought Laudonhis against him by the prisoners was that the cere- «««n¢« monies which he had enforced were innovations on established usage. His answer was in effect that they were hot innovations on the established law. On many points of  The reference was to the Earl of Dorset, whose duel» when he was $ir E. Sackville, with Lord Bruce is well known.  A brief relation, 11arl..Iisc. iv. iz.  Laud to Wentworth, June zS, IForks, vii. -3o THE RELIGIOUS OPPOSITION, cH. LXXIIII. detail he had far the better of the argument. The removal or the communion-table to the east end he treated as a mere matter of convenience, for the sake of decency and order ; and he quoted triumphantly an expression of the Cal- vinistic Bishop Davenant, "'Tis ignorance to think that the standing of the holy table there relishes of Popery." His own practice of bowing he defended. "For my own part," he said, « I take myself bound to worship with body as well as soul vhenever I corne where God is worshipped ; and were this kingdom such as would allow no holy table standing in its proper place--and such places some there are--yet I would vorship God when I came into His house." He flatly denied that he had compelled anyone to follow his example. "Yet," he said, "the Government is so moderate that no man is con- strained, no man questioned, only religiously called upon-- 'Corne, let us worship.'" True perhaps in the letter, this defence was not true in spirit. Even if those cathedrals and chapels, where the statutes inculcated the practice of bowing upon entrance, had been left out of sight, there was an almost irresistible influence exercised in favour of the general obser- vance of the custom. To the question of the King's jurisdiction in ecclesiastical matters Laud answered with equal firmness. One of the Q,«.ton of charges brought against the Archbishop was that «pi«op.,l he was undermining the Royal authority by laying jnrisdiction, claire to a Divine right for his own order. On this point the speech was most emphatic. "Though our office," Laud said, "be from God and Christ immediately, yet may we hot exercise that power, either of order or jurisdiction, but as God hath appointed us; that is, not in his Majesty's or any Christian king's kingdoms but bv and under the power of the King given us so to do." So pleased was Charles with the lan- guage of the Archbishop that he ordered the immediate pub- lication of his speech. He also referred to the judges the july . question whether the bishops had infringed on his prerogative by issuing processes in their own names, and the judges unanimously decided that they had not. 1  'ymer, xx. 143, I56, June 3o. Execution of the sentence of the Star Chamber. 1637 TI-IE PILLOR Y A T VESTIINSTER. Whatever the judges might say they could hOt meet the rising feeling that the power of the Crown was being placed at the disposal of a single ecclesiastical party. Large numbers of Englishmen leapt to the conclusion that the object of that party was the restoration o! the Papal authority. The three years which had just gone by--the years of the metropolitical visitation--had erfected a great change in the retaper of the nation. In I634 , as far as any evidence has reached us, Prynne had surfered uncheered by any sign of sympathy. There was no lack oi sympathy now. As he stepped forth, with Burton and Bast- wick by his side, on his way to the place where the sentence of the Star Chamber was tobe carried out, he round the path strewed with herbs and flowers. Bastsvick was the first to mourir the scaffold. He was quickly followed by his wife. She kissed him on his ears and mouth. The crowd set up an admiring shout. "Farewell, my dearest," said her husband as she turned to descend, " be of good comfort ; I ara nothing dismayed." For two hours the three stood pilloried, conversing freely with the bystanders. "The first occasion of my trouble," said Bastwick, "was by the prelates, for writing a book against the Pope, and the Pope of Canterbury said I wrote against him, and therefore questioned me ; but if the presses were as open to us as formerly they have been, we should scatter his kingdom about his ears." Prynne characteristically elnployed his time in explaining that his sentence was not warranted by precedent. The real cause of his coming there, he said, was his refusal to acknowledge that the prelates held their office by Divine right. He was ready to argue the question against all comers, and, if he did not make his point good, to be 'hanged at the Hall Gate.' Once more the people shouted applaudingly. Burton followed, thanking God that he had enabled him thus to surfer. Even the rough men whose duty it was to superintend the execution were melted to pity, and sought to alleviate his suffering by placing a stone to ease the weight of the pillory on his neck. His wife sent him a message that 'she was more cheerful of' that 'day than of her wedding-day.' "Sir," called gà . THE RELIGIOUS OPPOSITION f.tt. LXXXIII, out a woman in the crowd, "every Christian is hot wortiy of the honour which the Lord hath cast on you this day." " Alas !" replied Burton, "who is worthy of the least mer.cy ? But it is His gracious favour and free gift to aceount us worthy in the behalf of Christ to surfer anything for His Sake." i At last the time arrived for sharper suffering. 'cArter two hours," wrote a collector of news, "the hangman began to cut off the ears of Mr. Burton, and at the cutting of each ear there was such a roaring as if every one of them had at the saine instant lost an ear." Bastwick, making use of his surgical knowledge, instructed the executioner how ' to eut off his ears ,luiçkly and very close, that he might corne there no more.' "The hangman," wrote one who recorded the sçene, " burnt Prynne in both the cheeks, and, as I hear, because he burnt one cheek with a letter the wrong way, he burnt that again ; presently a surgeon clapped on a plaster to take out the tire. The hangman hewed off Prynne's ears very scurvily, which put him to much pain ; and afier he stood long in the pillo D" belote his head could be got out, but that was a chance."  Amongst the crowd hOt ail were on Prynne's side. "The humours of the people were various ; some wel»t , some laughed, and some were very reserved." A story got about which, whether it were true or false, was certain to be eagerly credited, that 'a Popish fellow told some of those which wept that, if so be they would turn Catholics, they need fear none of this punishment.' On his way back to prison Prynne composed a I.atin distich, in which he interpreted the S L which he now bore indelibly on his cheeks as Stigmata Zaudis, the Scars of Laud. z Well might Laud corne to the conclusion that his purposes L=,,l', Ci»- were hindered rather than furthered by such an ex- • atisfaction, hibition. "What say you," he wrote to Wentworth, "that Prynne and his fellows should be suffered to talk what  tararl. 3lisr. iv. 9- " Not ' a shame,' as printed by Mr. Bruce. s Rossingham's News-Letter, July 6. 19oeuments relating fo Prnn ffamd. Soc. 86. 1637 A T]'IU.IPHAL PROGRESS. 233- they pleased while they stood in the pillory ?"1 Even hero his policy of the enforcement of silence had broken down The very executioners had turned against him. The manifestation of popular feeling round the scaffold was epeated when the prisoners were led out of London to their july 7. far-distant dungeons. Of Bastwick's journey, indeed, nne's no account has reached us. Prynne, as he passed triumphai »rogess. along the Northern Road, was greeted with the loudest declarations of sympathy, which were at the salue time declarations of hostility to Laud. At Barnet friendly hands prepared for him a dinner. At St. Alban's six or seven of the townsmen joined him at supper with hospitable greeting, • At Coventry he was visited by one of the aldermen. At Chester he became .an object of interest to the townsmen. July 28. When Burton left London by the Western Road, crowds joined in shouting ' God bless you ! ' as he passed with his gaolers. 2 The conditions under which the three were imprisoned were hard enough. The use of pen and ink was strictly prohibited. agst. No book was allowed to enter the cells of the prisoners Conctition» except ' the Bible, the Bookof Common Prayer, and of imprison- n,ent. SHCh other canonical books as were consonant to the religion professed in the Church of England.' Anxious as the Privy Council was for the orthodoxy of the prisoners, it was still more anxious that no voice oftheirs should again be heard to lead astray the silly sheep who were unable to distinguish between the false shepherds and the true. Launceston and Çarnarvon and Lancaster were far enough removed from the centres of population, but the keepers reported that they were unable to make adequate provision for the isolation of their charges from the outer world. Fresh orders were therefore i-ssued to transfer the prisoners to still more inaccessible strong- holds, where their persuasive tongues might find no echo. Bastwick was to be immured in a fort in the Scilly Isles. Bur- ton was to be confined in Cornet Castle in Guernsey, Prynne in  Laud to Wentworth, Aug. 8, Straffod Zetters, il. 99- • Examinations of Maynard and Ingrafia, Sept. 22, S. -P. 19ae ecclxviii. ,t. , 234 THE IïELIGIOUS OPPOS1TIOA: cH. LXXXll. Mont Orgueil in Jersey. The object of the Council was hot that they should be separated from the world, but that the world should be separated from them. Burton and Bastwick were married men ; and strict orders were given that their wives should not be allowed to land in the islands in which the prisoners were detained, lest they should' be evil instru- ments to scatter abroad their dangerous opinions and designs.'  The three rnen, victims to Laud's terror rather than to his " hatred, were thus doorned, to all appearance, to a lifelong seclusion frorn rnankind. Other voices took up their against tale. Libels picked up in the streets charged the L.d. Archbishop with being the captain of the army of the devil in his war against the saints. A copy of the Star Chamber decree was nailed to a board. Its corners were cut off as the ears of Laud's victims had been cut off at Westrninster. A broad ink-rnark was drawn round his own name. An inscrip- tion declared that "The man that puts the saints of God into a pillory of wood stands here in a pillory of ink. ''* Laud could but press on to the end in the path on which he had entered. The silence requisite for the success of his scheme rnust be enforced still more strictly. There Stricter ,.e.ur«s rnust be no weak concession, no idle folding of the cuea fo. hands whilst the enerny was on the alert. The policy of 'Thorough' rnust take its course. As far as stature law was concerned, the English press was as free in the reign of Charles as itis in the reign of Victoria. It was rnuzzled by a decree of the Star Chamber, issued at the tirne when the throne of Elizabeth was assailed by bitter and unscrupulous Star Cham- r d««r« attacks. That decree was now reinforced by another n the press, still more sharp. The nurnber of printers authorised to carry on their trade in London was tobe reduced to twenty. Even books formerly licensed were hot to be republished with- out a fresh exarnination. Any rnannot of the nurnber of the privileged twenty who ventured to print a book was ' tobe set in the pil!ory and whipped through the City of London.'   19ocumenls relaling to tgrynne, Camd. Soc. 62-69. * Laud to Wentworth, Aug. (?), IVorbs, vii. 364. * ,çusworth, ii. 45 o, App. 306. Lambe's List of Printers, July, S. P. )otlt. ccclxiv. I I I. 1637 PURITANS AA'D CA TItOLICS u35 The appetite for unlicensed literature was too strong to be thus baulked. Clandestine presses continued to pour forth Clandestine pamphlets, to be read by admiring and increasing blications. crowds. Laud's attempt to silence his accusers only added fresh zest to the banquet of libel and invective. The decorous tones which issued from the licensed press to bewail the folly and ignorance of the times convinced none who were hOt convinced already. Under no circumstances was this system of repression likely to take permanent root in England. To have given it even a temporary chance of success it must have been Laud and the catho- applied fairly on the right hand as well as on the left. iii.s. The Catholic must surfer as well as the Puritan. So much Laud clearly saw. He knew full well that the charge brought against him of complicity with the Church of Rome was entirely false ; and as he could not prove his Pro- testantism by tenderness to the PuriLans, the only way open to him to convince the world that he was nota secret emissary of the Pope was to persecute the members of the Papal Church. For some time, therefore, he had been pleading earnestly with the Council to take steps to limit the freedom of action recently enjoyed by the Catholics. One invincible stumbling-block stood in Laud's way. Charles's support was not to be rehed on for any persistent Charles and course of policy. With no imaginative insight into the the Puritans. condition of the world around him, he did not share in Laud's prognostications ofevil. Puritanism was not to him a wolf held by the ears, but simply a troublesome and factious spitit which needed to be kept down by sharp discipline, but which was not likely to be really formidable. His fear Charles and the Catho- of danger from the Catholics was even less than his l,«s. fear of danger from the Puritans. To him they were merely well-disposed, gentlemanly persons with improper no- tions about SOlne religious doctrines, and more especially with some theoretical objections to the Royal supremacy, which were hOt very likely to influence their practice. It never entered his head that familiarity with such pleasant companions was the most dangerous course which he could possibly pursue. Ttt.E RELIGIOUS OPPOSITION. cH. .xxxlln The King's friendly intercourse with Panzani had been continued with Con, the Scotchman who succeeded him as Cnin Eng- Papal Agent at the Queen's Court. Con dropped and. the subject of the reunion of the churches, which had now served its purpose ; and if the negotiation for a modi- fication of the oath of allegiance was still occasionally mevtic, ned, it was more for the sake of appearance than flore any expecta- tion that it would be really possible to corne to an understanding with the King on this subject. Charles was quite satisfied to find in Con a well-informed and repectful man, ready to discuss politics or theology without acrimony by the bout, and to flatte*him with assurances of the loyalty of his Catholic subjects, without forgetting to point to the sad contrast exhi- hibited by the stiff-ne«ked and contemptuous Puritan. Offence was taken at this unwise familiarity in quarters in which ordinary Puritanism met with but little sympathy. At the festival of the Knights of the Garter the brilliant ¢ont assembly was kept waiting for the commencement Court. of the service in the Royal Chapel till the King had finished exhibiting his pictures to the representative of the Pope. On another occasion, when the Court July. was assembled to witness the leave-taking of thê French ambassador, Seneterre, the Privy Councillors occupied their accustomed positions at the King's right hand, Laud, in virtue of his archbishopric, standing next fo the throne. The Queen was on Charles's left, and next to her was Con. " Now," said a lady of the Court to the Scottish priest, "there is only a step between the archbishop and you. Shake hands and agree together.;' "Out Lord," answered Con significantly, "stands with his arms open to receive all men into the bosom of the Holy Church."  Panzani had striven in vain to win Charles to more than well-bred friendliness. Con turned his attention to The Queen antae the Queen. It had never hitherto been possible to Catholioe, rouse ber to more than spasmodic efforts even on behalfof the Catholics. Averse to sustained exertion, and inter- • Aprii  Con to Barberini, .t ' July Tr, .4d, l. IlISS.  5,390, loi. 46, 346. t637 THE QUEEW A,VD THE CA THOLICS. 237 vening only from some personal interest or momentary pique she had contented herself with the consciousness that the per- secution under which the Catholics suffered had been gradually relaxed. Con wished to make her an active agent in the pro- pagation of the faith, and he was seconded by Walter Montague, 'ho had been recently allowed to return to England, though he was received more warmly at Somerset House than at Whitehall. * Between them they succeeded in securing the support of the Queen for that work of individual proselytism whi«h was to supersede Panzani's fantastic scheme for the ab- sorption of the Church of England. It is true that in the actual work of gaining converts Henrietta Maria took but little part ; but she showed a warm interest in the process, and she prided herself in protecting the converts made by others. It was her part to win from her fond husband, by arguments, by prayers, if need be by tears, their release from the conse quences of a too open violation of the harsh laws which still held their place on the statute-book, and which were supported by a widely diffused public opinion. Atone time she was closeted every morning with Con in eager consultation over the best means of swaying Charles's mind in favour of thé Catholics. The protection of the Queen was invaluable to Con. For • The following sketeh by Con of his first impression» of the Queen's eonduet is interesting :--"Le attioni di S. M *- sono piene d'ineredibile innoeenza, t tale che in presenza di frastieri si vergogna eome zitella. Il Padre Filippo assevera che non ha peceato se non di omissmne, di quali egli è nemmo grande, e non perdona alli eorrotti di euore. In fede 6 peecat,., di carne non è mai tentata. Quando si eonfes:a, e si eommun;ea, appliea tanto che fa stupir il eonfessore e tutti. IIelle sue camere di letto .nessuno puo entrare se non donne, con le quali si ritira qualehe volta et attende a eose leggiere, ma innocenti. Patisce qualehe volta di malineonia, et allora ama 11 silenzio. Quando sta afl]itta ricorre con spirito a Dio. Al futuro applica poco, confidata tutta nel Rè. ]3isogna che prema, più di . guadagnare li Ministri dello stato, de quali puo esser padrona volend0. A' questo et altro servira la presenza del Montagu, da me sollecitata gande- • mente." Con to Barberini, Aug. , 636, ', O. Transcrils. = Con to Barberini, llarch 3o 637, Add. 2ISS, 5,39o,' fol. . THE RELrGIOUS OPPOSITIO;V. cH. LXXXIIt active energy he looked elsewhere. The soul of the proselytis- ing movement was Mrs. Porter, the wife of that Endymion rs. Port,r' Porter who had been employed in so many secret ,on,em. missions by James and Charles. By her mother she was a niece of Buckingham, and she bad inherited tbe quick decision and the prompt impetuosity of the splendid favourite. One day she heard that her father, Lord Boteler, was seriously ill. At once she drove down to his Match. l»rdBo- country seat, hurried the old man into her coach, teler, and carried him up to London. She then brought the priests around him, and was able, before he died, to boast of,him as a convert. Her triumph was the greater be- cause her Protestant sister, Lady Newport, had also driven off to secure the sick man, and had arrived at his bouse too late. The next object of Mrs. Porter's attack was the Marchioness of Hamilton, like herself, one of Buckingham's nieces. Lady Lady Haro- Hamilton's bright bcauty had not long since been the ilton, theme of admiring tongues, which had celebrated her gentleness of heart as equal to the attractions of her person. She was now fading away under that wasting disease which carried her off a few months later. In this condition she was peculiarly susceptible to religious impressions, and she was plied with con- troversial books till she was almost ready to surrender. Her father, Lord Denbigh, 'a Puritan ass,' as Con contemptuously called him, summoned the Bishop of Carlisle to his assistance. The old argument that there was no safety in the next world for those who died outside the pale of the Roman Church was plentifully used. The bishop replied that if the lady remained a Protestant he would be ready to pledge his soul for October her salvation, t "It will profit you little, my sister," sneered Mrs. Porter, "that this old man's soul should keep company with yours in the Devil's house." Lady Hamilton's conversion, however, was never openly avowed, either because, as Mrs. Porter fancied, she shrank from giving pain to her relations, or because, as is more probable, the influences of her old faith were still living in her heart, and ruade themselves Che metterà la sua anima per quella di lei.' X637 L4UD tND THE CtTHOLICS. heard as soon as she was removed from the overpowering presence of her impetuous cousin. 1 Other converts, ladies for the most part, followed in no in- considerable numbers. At last the world was startled by the L, dy New- news that even Lady Newport hd announced herself po,-t, a Catholic. In an unguarded moment she had un- dertaken the part of a champion of Protestantism, for which neither her temperament nor her knowledge fitted her. Once engaged in argument with the priests, she was beaten from point to point till she laid down her arms. Her husband, the eldest son of the adulterous union between the Earl of Devon- shire and Lady Rich, and thus the half-brother of Warwick and Holland, was high in Charles's favour. As Master of the Ordnance he held an important post in the service of the State. A Protestant by position and from a sense of honour rather than from a closely reasoned conviction, he felt his wife's change of re!igion as a slur upon his own good naine. Hurrying to Lambeth, he adjured Laud to punish the instruments Lord New- port-ppel of his misfortune. Together with Con he named to Ld. Walter Montague and Sir Toby Matthew, though it would seem that the two latter had no part in the affair. Laud was eager enough to do as Newport wished. On the next oçt. ,. council-day he spoke his mind freely on the unusual Laud's favours accorded to the Catholics, and begged the »peech at the Conncil. King to forbid Montague's access to Court, and to allow proceedings to be taken against him in the High Com- mission. He knew well that he would himself be held account- able for these defections from the English Church. This rime it seemed as if he would have his wav. Charles expressed his displeasure at what had occurred, and declared his intention of providing a remedy. Laud, however, had counted without the Queen. Con had urged her to stand up stoutly for C»n applies to t her-religion. When once Henrietta Maria was really Q'" interested in a cause, difficulty and danger only pro- duced on her an exhilarating effect. The language held by Laud in the Council was reported to her almost immediately Con to Barberini, Oct. *z .4,ld. MSS.  5, 39 °, fol. z4o THE RELIGIOUS OPPOS1TIOA r. CH. LXXXtlI. In the evening, when the King visited her in her apartments, she spoke her mind freely to him of the insolence of the Arch- bishop. Charles could hOt make up his mind to fly in his wife's fitce. " 1 doubt not," wrote Laud to Wentworth, after recounting what had taken place, "but I have enemies enough to make use of this. But, howsoever, I must bear it, and get out of the briars as I can. Indeed, my lord, I have a very hard task, and Goût, I beseech hhaa , .make me good corn, for I ana between two great factions, very like corn between two mill-stones." In his d.istress Laud appealed to the King. Charles re- commended him to seek out the Queen. " You will find my wife reasonable," he said He did not see that his l.aud's ap- peltothe wife had ruade herself the centre of the opposition King. of which Laud complained. The Archbishop replied by proposing in full Council that her chapel at Somerset House, as well as the çhapels of the ambassadors, should be closed against .the entrance of Eglish subjects. His proposal received warm support, and orders were given for the prepara- tion of a proclamation against the Catholics. Con vas warned.-of what had happened by his friends in ithe_Çou.ncil, and the Queen was warned by Con. Henrietta 'e Q.'s Maria took up the quarrel so warmly that Con be- displeasure. sought her to moderate ber excitement. She feit .that in defe.nding the liberty of her chapel she was warding off ,insult from herself. Charles tried to eflect a compromise with his wife. He .wou.ld leave Somerset House alone ; but he insisted that some- -»November. l'hrettened . roi:ltmation ept,-back "b" Con and the .qeen. "N ov'ember. clamation th.ing must be done with the chapels of the ambas- sadors. Oflate, the Spanish Ambassador, who since his arrival in England had been making himself as disagreeable as h.e possibly could, had lately given offence by ann0uncing that he would build a larger chapel than the Queen herself could boast of. A pro- therefore there must be. Charles, however, did his Con to Barb:rini, Oct. ° Add. ISS. 5,39 o, fol. 46t. Laud'-- 3 o l)iary, Oct. œez. Laud to Wentworth, Nov. , ICorks, iii. zz9, vii. 37t. Gaxrard to. Wentworth, Nov. 9, Straotd Letters ii. IzS. 1637 THE Q UEEN'S TI?IUMPI-[. best to explain it away. '" This sort of thing," he assured Cort, "is done every year. No one would say a word against it if you would let my wile alone." Con had no intention of letting ber alone. Her new position of protectress of her Church in England flattered her vanity. Her chapel was thronged with worshippers. The Holy Sacrament was .on the altar till noon, to satisfy the devotion of the multitude of communicants. On festivals nine masses were celebrated in the course of the morn- ing. The Queen strove hard to induce the King to refrain from issuing any proclamation at ail It was a struggle for influence between her and Laud, and she threw herselfinto it with all the energy of which she was capable. To his astonishment, Con found himself growing in favour even with men who were known as Puritans, as soon as he measured his strength with the man whom they most abhorred. He at least, they said, professed his belief openly, which was more than could be said of Laud.l Ail through the month of November the struggle lasted. It was hOt till December that Con learnt that orders had been t)e««b«r, secretly given for the issue of the proclamation. He again begged Charles to withdraw it, and Charles answered that it was merely directed against the scandal given by indiscreet Catholics. " With your good leave," he said, "I wish to show that I am of the religion which I profess .... Everyone ought to know that the quiet which the Catholics enjoy is derived from my clemency. Itis necessary to remind them that they lire in England, hOt in Rome." Con tried to irritate him against Laud. He replied that he was following the advice of the whole Council, hOt that of Laud alone. ïhe proclamation, he added, would be moderate enough. In fact, as Con afterwards learnt, Charles had promised his wife to omit anything to which she might take exception. $o complete was the Queen's triumph that she even consented to adroit Laud to her presence, and to extend to him some qualified tokens of her favour.   Con to Barberini, Nov. 3, ,o Ad, L ISS. 5,39o, fol. 469, 476. 8 * Ibid. Dec. -8' ibid. fol. 498. Laud's Diary, I)ec. 12t 14orks, iii. 230. VOL. VIII. R 242 TH RELIGIOUç OPPO._çlTION. CH. LXXXm. Thus manipulated, the proclamation was at last issued on December 20. In its final shape it could hardly give offence I)ec. ,,. to anyone. Even Con described it as ' so mild as to Issue ofthe seem rather a paternal admonition to the Catholics proclama- tion. than a menace.' The Puritans, he added, were of the saine opinion. In fact, it contained nothing more than a threat that those who persisted in withdrawing his Majesty's subjects from the Church of England would do so ' under pain of the several punishments' provided by the law, and that ail who gave scandal by the celebration of masses would be punished according to their offence. No definition was given of the amount of notoriety which was to constitute scandal. 1 Gentle as the admonition was, Henrietta Maria could not resist the temptation to treat it with contempt. On Christmas re«. s. Day, by her special orders, Lady Newport and the The ,, t other recent converts were lnarshalled to receive the the Queen's «hpe. communion in a body at Somerset House. As soon as the Queen returned to her apartments she called Con to her side. "You have now seen," she said to him triumphantly, "what has corne of the proclamation." - The Queen's open defiance of the proclamation gave the tone to everv priest in England. Never were masses more 3epo«t» publicly celebrated in the ambassadors' chapels, or mation de- with less concealment in the houses of the Catholic teated. laity. "Before you came," said Lady Arundel to Con, 3s. " I would hot for a million bave entertained a priest at June. my table, and now you see how common a thing it lS." The proclamation, in fact, had been merely wrung from Charles by Laud's insistance, supported by the special annoy- ance caused by the bravado of the Spanish Ambassador. He was too sure of his own position, too blind to the real dangers by which it was surrounded, to sympathise with Laud's perception oi the risk which he would incur bv holding the balance uneven between the Puritans and the Catholics. " The Archbishop,   Proclamation, Dec. 20, Rymer, xx. 18o. * Con to Barberini, Dec. 9 ,4dd. IISS. 15,39I , foL I. Jan. 8 t 1638 TH CA THL1C COA"UERTS. 43 he said to Con, "ls a very honest man, but he wants to have everything his own way." L There is no reason to regret that Laud did hOt in this case have his way. The danger from Rome was less serious than ,mountof it seemed. The bait held out by the Papal clergy dng«r, appealed to the lower and more selfish side of hu- man nature. Fantastic speculators like Sir Kenelm Digby, witty intriguers like Valter Montague, brought no real strength to the cause which they espo'used ; whilst the gay Court ladies, whose life had hitherto been passed in a round of amusement, were personally the better by submitting to a sterner discipline than any which they had hitherto known. The arguments by which they had been moved appealed to motives too low to exercise any attractive force over the real leaders of the age, or to be otherwise than repulsive to the sense of honour which was the common property of English gentlemen. Even such a man, for instance, as William Cavendish, Earl of Newcastle, was entirely beyond the reach of Con. In the The Ear! of summer of 1638 he was selected by Charles tobe «wsfl« the governor of his eldest son. " He was a fine gen- tleman," wrote Clarendon, who knew him well ; "active and full of courage, and most accomplished in those quahties of horsemanship, dancing, and fencing which accompany a good breeding, in which his delight was. Besides that, he was amorous in poetry and music, to which he indulged the greatest part of his time .... He loved monarchy, as it was the founda- tion of r.is own greatness ; and the Church, as it was constituted for the splendour and security of the Crown ; and religion, as ' Con to Barberini, June , July , ,638, Adà. MSS. fol. 64, o4. I'-aud's bewilderment at the charge brought against him of being secretly Roman Catholic is well expressed by some words which he ruade use of nearly two years previously. "Because," he said, " he strove to maintain the old orders of the Church, the common people, who were enemies to ail order and government, proclaimed him a Papist ; but (if he had been one) he had had reason enough--besides his iii-usage he had when he had no fiend at Couit but the King--to have left the Church and have gone beyond seas." Charles Lewis to Elizabeth, May 31» 636 , Forster ghrSS. ha the South Kensington Museum. ,4 TttE RELIGIOUS OPPO.SITrOW. cH. LXXXIIL it chenshed and maintained that order and obedience that was necessary to both, without any other passion for the particular opinions which were grown up in it and distinguished it into parties, than as he detested .hatsoever was like to disturb the public peace." 1 Con's report of Newcastle rallies almost exactly -ith that of the English historian. " In matters of religion," he wrote, "the Earl is too indifferent. He hates the Puritans, he laughs at the Protestants, and has |itt|e confidence in the Catholics. In speaking with'him, therefore, I have been obliged to touch upon first principles, and to bring him to the axiom that in things doubtful the saler part is to be chosen." * It was to no purpose that the temptation was held out to a man like Newcastle. His careless, worldly temper gave as little hold to Con as the higher virtue of a nobler nature. Enough was, however, done to alarm the English Pro- testants. The charge, indeed, which a later age has to bring Englishfeel- against Char|es is not that he abstained from per- ig .bo secuting the Catholics, but that hê fai|ed to give fair t he Catholi¢ ««,e»ion. play to the diverse elements of hich the English Church was compounded. Whilst Catholic books passed from hand to hand, Puritanism was an object of derision to all who took their tone from Whitehall, and of stern repression in the ec- clesiastical courts. Men who had no sympathy with Calvinisti¢ dogmatism were attracted by that stern morality which rebuked the solemn trifling which was the atmosphere of Charles's Court. To the growing feeling of dissatisfaction Milton gave ex- pression in that high satire which bursts forth, as if from some blilton's suddenly raised volcano, out of the smooth and grace- Z.daa. fui lamentations of the Lycidas. Nothing in Milton's past life gave waming of the intensity of his scorn Nothing in the subject which he had chosen invited him to check the flow of his private grief that he might bewail the public sorrows of his rime. Yet from these public sorrows he could not avert his gaze. As it had been with Dante, the poet of medieval  Clarendon, viii. 82. "- Con to Barberiai, Sept. ,;, .4dd. MSS. 5,39, fol. 235. I637 3IILTON'S ' L ]'(.¥DAS.' 245 Catholicism, so was it with the man who was training himself to be one day the poet of English Puritanism. Not alone the living interest in the joys and sorrows of the great world around him, but even the mere official acquaintance with the dry details of that public business, by means of which rulers attempt, if they rise at ail to the height of their duty, to increase those joys and to alleviate those sorrows, were in time to strengthen the Eng- lishman, as they had strengthened the great Italian, to seek for consolation in a serener and purer atmosphere than that in which the best and wisest of statesmen must be content to work. Milton had not as yet had any close insight into the difficulties of govemment. He saw the evil; he could hOt descry the hindrances to good. ]3efore the eye of his imagination rose the Apostle Peter, mournfully addressing the dead Lycidas, lost too early to earthly service. The indignant poet cannot choose but tell how ' the pilot of the Galilean lake' Shook his mitred locks, and stern bespak% " How well would I have spared for thee, young swain, Enow of such as for their bellies' sake Creep and intrude, and climb into the fold ! Of other c.are they little reckoning make, Than how to scramble at the shearers' feast And shove away the worthy bidden guest. ]31ind mouths ! that scarce themselves know how to hold & sheep-hook, or have learnt aught else the least That to the faithful herdsman's art belongs, What recks it them ? What need they ? They are sped, And when they lift their lean and flashy songs Grate on their scrannel pipes of wretched straw. The hungry sheep look up and are not fed, 13ut swoln with vind, and the tank mist they draw Rot inwardly, and foul contagion spread, ]3esldes what the griln wolf with priv¥ paw Daily devours apace and nothing said." Milton's indignation was hot as the indignation of Prynne or Bastwick. He did not approach the Church question from the ceremonial side. He did hOt as yet care to ask Character of liilton'sin- whether the Church ought tobe Episcopalian or dignation. Presbyterian. There is still a touch of the poet of Il 'enseraw and of the 2legy an isha Andrewes in the 6 THE RELIGIOUS OPPOSITION. cH. LXXXIII. ' mitred locks' of Peter. He is kindled to wrath by the moral results of Laud's discipline--results which he doubtless exag- gerated, but which were certainly not entirely imaginary. He saw that, whether Laud was consciously tending towards the Roman Church or not, his superabundant care for the externals of religion was eating the heart out of English Protestantism. It invited the allegiance of men to whom nothing was easier than to assume a posture or to clothe themselves in a vestment. It repelled the allegiance of lnen who saw in that posture or that vestlnent a token of the subordination to external forms of the spiritual life itself. Milton did more than denounce the system which he hated so thoroughly. He predicted its speedy overthrow. He an- nounced that That two-handed engine at the door Stands ready to smite once and smite no more. The prophecy was doubtless intentionally left in v.ague and mysterious outline, but its general intention was unmistakable. Milton's voice, expressed the deepest feelings of the nation. Slowly and reluctantly the generation of serious Englishmen now advancing towards lniddle age was coming to x638. John Hutch- the conclusion that the overthrow of the Laudian lzson. system was the one thing necessary for the restora- tion of a healthy spiritual lire. The feeling was all the stronger  It is impossible tobe dogmatical on the precise meaning of the words, but the interpretation of it5 referring to the two Houses of Parliament eannot be right. Not only was an ipeaching Parliament out of the range of probabilityin 637, but the engine was tobe held by two hands, hot to be two engines held by one. The idea of the axe laid fo the root of the tree seems most natural. Professor Masson says (l]Iilton's II»rks, iii. 455) that the engine here • is at the door of an edifice, hot at the foot of a tree.' blilton, howevel', may haie meant to mingle the idea of smiting the system with the idea of smiting the persons who supported it. He may hot bave wished to be too definite, and the expression ' blind mouths ' shows that we must hot look for rigid consistency. Perhaps, too, he was thinking in an indistinct way of the iron flail with which Talus stormed the .castle of the Lady lunera, and wished to intensify the crushing nature of the blow b' turning the one-handed weapon oI Spenger into a two-handed engine.. 1638 'OH:V HUTCI-flNSO_N'. 47 because ail moral earnestness was repelled by the loose follies of the Court. The growth of this feeling may be traced in the career of John Hutchinson, whose character has been por- trayed by his widow, under the mellowing light of wifely affec- tion. He was educated at Peter House, the college of Cosin and Crashaw, the college which, more than any other, attempted to exorcise the spirit of Puritanism. Yet he was able to boast that, after rive years, he came away untainted with the prin- cil»les or practices of the followers of Laud. On the other hand, he did not come away with any confirmed dislike of the Church in which those principles and practices had taken root. He was 'hOt yet enlightened to discern the spring of thcln In the rites and usages of the English Church.' His was the Puri- tanism of the polished and practical country gentleman, versed from his youth up in the conduct of business, and accustomed to conduct it with a strict but not ungraceful morality, which left room for the ornaments and enjoyments of life. At college ' he kept not company with any of the vain young persons, but with the graver men and those by whose conversation he mioht gain improvement .... For his exercise he practised tennis, and played admirably well at it; for his diversion he chose music, and got a very good hand, which aftenvards he improved to a very good mastery on the viol.' He danced and vaulted with grace and agility, studied eagerly, learning being regarded by him ' as a handmaid to devotion and as a great improver of natural reason.' His choice of the decorations of life was ruade under a sense of serious self-restraint. " In those things that were of mere pleasure he loved not to aim at that he could not attain ; he would rather wear clothes absolutely plain than pretend to gallantry, and would rather choose to have none than mean jewels or pictures and such other things as were not of absolute necessity .... His whole life was the rule of tem- perance in meat, drink, apparel, pleasure, and àll those things that may be lawfully enjoyed, and herein his temperance was more excellent than in others, in whom it is not so much a virtue, but proceeds from want of appetite or gust of pleasure ; in him it was a true, wise, and religious government of thé de- sire and delight he took in the things that he enjoyed. He 48 THE RELIGIO US OPPOSITION. CH. LXXXIIL had a certain activity of spirit which could never endure idle- ness either in himself or others, and that ruade him eager for the time he indulged it, as well in pleasure as in business ; indeed, though in youth he exercised innocent sports a little while, yet afferwards his business was his pleasure. But how intent soever he were in anything, how much soever it delighted him, he could freely and easily cast it away when God called him to something else. He had as much modesty as could consist with a true virtuous assurance, and hated an impudent person. Neither in youth nor in riper age could the most fair or enticing women ever draw him into unnecessary fami|iarity or vain converse or dalliance with them, yet he despised nothing of tbe female sex but tbeir fol|ies and vanities ; wise and virtuous women he loved, and delighted in all pure, holy, and unblanlable conversation with them, but so as never to excite scandal or temptation. Scurrilous discourse even among men he abhorred ; and though he sometimes took pleasure in wit and mirth, yet that which was mixed with impurity he never would endure. The heat of his youth a little inclined him to the passion of anger, and the goodness of his nature to those of love and grief ; but reason was never dethroned by tbem, but continued governor and moderator of his soul." Such was the character--for Hutchinson was but a type of a large section of society--of the noblest class of English ]-Iutchlnson Puritans, of men who possessed their souls in pati- a type of the noblest Puri- ence, uttering no cry of scorn or anger. It was the tnis,, steady and persistent refusal of these men to coun- tenance the Court and its ways which ruade the opposition of such as Prynne and Bastwlck really formidable, and which gave weight to the forlorn hopes which from time to time dashed themselves, apparently in vain, against the defences of the Government. Of such forlorn hopes there were enough and to spare. In the winter of 637 it was the turn of John Lilburne, a youth ,7. of twenty, who had just returned from Holland. A «mbr. certain Chillington, accused of circulating Puritan Liburt!e's ç'- books printed beyond the sea, saved himself by cbarging Lilburne with having them printed at Rotterdam. ,037 'OHIV LILt URIVE. 249 Lilburne was arrested and interrogated, but he absolutely denied that he had had anything to do with Chillington's books. When asked questions on more general matters, he refused to answer. No one, he said, had a right to make him criminate either himself or others. He was brought before the Star Chamber, and ordered to take the usual oath that he would answer truly to all questions that might be put to him. This he steadily refused to do. He came of a sturdy and self-willed race. His father was a Yorkshire gentleman, who was the last man in England to compel the unwilling judges to allow laim to commit a lawsuit to the chances of trial by battle.  Of this opinionativeness he had inherited his full share. In the course of a stirring life he was never in accord with any Government, and never missed an opportunity of making known to the world the grievances which he entertained against everv Government. The claim which he now ruade went far beyond the doctrine ultimately accepted by English Courts that no man may be compelled to criminate himself. He refused to swear to answer truly to any questions of which he did hOt at the time of his oath know the import--a claire which, if admitted, would make it impossible to cross-examine any witness what- ever. Like all the courts, the Star Chamber was peculiarly sensitive to any attack upon its rules, and especially upon the system under which, for so many years, it had been in the habit of procuring evidence from unwilling witnesses. Lilburne was accordingly sentenced to be whipped from the Fleet His sentence is carried to Palace Yard, and then to be placed in the pillory. out. All along the Strand the lash descended on his back. Smarting with pain, he was placed in the pillory. In spire of his agony he exhorted the bystanders to resist the tyranny of the bishops, and scattered amongst them a few copies of Bast- wick's pamphlets which he had in his pockets. The Court of Star Chamber was in session hard by, and an angry His harsh imprison- order to gag him was issued at once. Another ortier ,e,t. directed the Warden of the Yleet to place him in irons on his return, and to keep him in solitary confinement t The King, however, refused to allow the combat to proceed. "l'he .Se iii 1818 did hot proceed so far, as the demand was withdrawn. 5o 7fIE ILIGIOU..ç OPPOSITIO2V. CH. LXXXm. « where the basest and meanest sort of prisoners are used to be put,' to prohibit his friends from visiting him or supplying him with money. But for the persistent contrivance of his admirers Lilburne would have been starved to death. The Warden held that it was no part of his duty to supply the prisoners with food. Those who had no money were accustomed to beg their food from the charitable who passed the door ; but Lilburne was debarred even from that wretched resource. The other prisoners, half-starved and ragged as they were, entered into a conspiracy in his favour. They shared their crusts and broken victuals with him, in spite of blows and kicks from the turn- keys. Sometimes this precarious aid failed, and on one occa- sion the unfortunate man passed ten whole days without tasting food. Yet, broken in health as he could not rail to be, his in- domitable spirit held up, and he survived to unfold the horrors of his prison house to sympathising ears.l It is the nature of a government !ike that of Laud to be too readily terrified to take advantage of the rem strength of its position. Englishmen had not so changed since Laud too easilylright, the days of Elizabeth as to be anxious to deliver ened. themselves over to be manipulated by a Prynne or a Bastwick, or even by a Milton or a Hutchinson. There were many thousands who still regarded with reverent admiration the old Prayer 13ook, which they had learned to love as children. There were probably many more thousands who had no wish to see cakes and ale banished from lire. The most popular George verse-writer of the day was George Wither, and With«r. Wither was neither a Laudian nor a Puritan. En- dowed with considerable poetic gifts, he had unfortunately mistaken his vocation in life. He had given up writing good songs in order to write bad satire. He derided alike new practices and abstruse doctrines. His view of government was the simple one that kings ought not to be tyrannical, and that parliaments ought not to be exacting. People were to be con- tent with the rule in Church and State under which they were born, provided that it ruade no very violent demands upon  State Tria!s, iii. x3tS- t637 PROCEEDINGS AGALX\çT IITLLIA,IIS. 25t their consciences, and provided that they could attain under it to a placid and decorous virtue. Of this virtue, as far as can be judged by Witber's own example, the chier constituent wa to be found in a self-complacent recognition of tbe extreme sinfulness of otbers and an etlually self-complacent assurance that this sinfulness of others was certain to bring Divine ven- gence down upon the world.l Men of this temper--and there can be little doubt tbat the middle classes of the towns were very mucb of this temper-- would bave formed the best security that a Government could have wished against Puritan violence. Laud's proceedings irritated them in every possible way, till they forgot that Puri- tanism could be irritating at all. The only man vho was fitted by his mental qualities for the task of mediation in the dark days which were approaching was unhappily disqualified for the work by his own Position of Ifishop moral defects as well as by the King's dislike. Willialns, Bishop Williams had been for many years an object of a Star Chamber prosecution, on the ground that he had betrayed some secrets entrusted to him as a Privy Councillor. • 6. The charge seems to have been a frivolous one, and StCm- it was probably only brought in order to frighten ber pro,i, ec tto tion against Williams into the surrender of the Deanery of West- him. minstcr, whicb he still beld, together with his bMopric. In I633 the affair took an unexpected turn. A certain Kilvert, to whom the case against the Bishop had 633" been entrusted, and who was himself a man of low Ch« moral character, discovered that one of Williams's -'gainst Pr«gion. witnesses, named Pregion, was the father of an ille- gitimate child, and he fancied that by attacking Pregion on this score hc mlght succeed in discrediting his evidence in the Bshop favour. Williams threw himself into the cause of his witness with characteristic ardour. It is possible that at first he may have t See especially Eritaht's emembrancer, published in 628. The idea of the subject of predestination being one for the devils in hell to discus appears here long belote t'aradise Zost was written. Sz TItE RELIGIOUS OPPOSITIOA. cI. LXXXIII. regarded Kilvet's story as an impudent fabrication, but he can 634. hardly have retained that opinion long; and there Williams can be little doubt that he demeaned himself to ob«ains false «,,i,««« the subornation of false evidence in order to uphold the character of a man whose support he needed in his own quarrel with the Court.  A fresh prosecutior', of Williams on the charge of subor- nation of perjury was now commenced in the Star Chamber. 63». Williams saw his danger, and asked Laud to be his Vrespro- mediator with the King.  He could hardly have secution of w,,am», expected Laud to throw much warmth into his mediation, and he turned with greater hope to Portland, and after Portland's death to Cottington. Cottington was impor- tunate, and Charles was weak. Before the end of 1635 the No,,embe,. King had promised to pardon the ]3ishop. The H«a only question related to the rate at which the par- hopes of a rrdo,, don was to be purchased. "Thus much," wrote Laud in despair, "tan money and friends do against honour in movable Courts."  Suddenly Williams found the barque of his fortunes drifting out again to sea. Fresh evidence of his misdemeanours December. reached the King's ears,  and Charles withdrew his Chrs'» promise of a pardon. A few months later the King hesitation. x636- was again hesitating. Sir John Monson, who had been maligned by Williams, and by whom the new accusations had been brought, was informed that Williams had been boasting that he was now reconciled to the King, and that those who appeared against him had better be careful of  Notes of proceedings, May 27, June 6, 23, 637, S. t 9. 1)om. ccclvii. o 4 ; ccclxi. 99 ; ccclxii. 34- Hacket's narrative is too iaccurate to be accepted as a firm foundation. I have drawn my own conclusions from the evidence produced at the trial. Mr. B,-uce appears, from his preface fo the Calendar for 637 , to have eome to much the same conclusion as I have. z Laud to Williams, Jan. o, 635, ll'orZ's, vl. 402. s Laud to Wentworth, Jan. 2, Oct. 4, Nov. 3 o, ibid. ri. 38, 202. Æ Lambe to Laud, I)ec. 3, IO ; Monson to Laud, I)ec. I I ; Monson'8 petitior., Lambeth 2IISS. mxxx. Nos. 39, 4o, 4, 42. 1636 IVILLIA.IfS ON' TIIE IIOLY TABLE.' z53 attacking a man who would soon be in fu11 .enjoyment of the Royal favour. Monson asked Charles if there was any founda- tion for this assertion. "The King," he afterwards informed Laud, "answered he would be free with me, nnd thereupon said it was true that he was in some treaty with the Bishop, who had enlarged his offers, and was now villing to yield his deanery, give 8,oooL, and leave me to my course in law for my repair, but that he had hot given him any assurance of his acceptance of these terms, nor would if my information were truth." Williams only looked upon his present rebuff as a mischance originating from his neglect to offer a bribe suffi- ciently high. He soon gained over l.ennox as well as Cottington to his side, and, unless Monson xvas misinformed, he assured the courtiers who were pleading his cause that whatever the sure might be which he was required to pay to the King, they should have as much again to divide amongst themselves. Monson took care that this should reach the King's ears, advising him to make a better bargain by allow- ing the law to take its course, and by taking ail the money that could be got from XVilhams for himself. In the end this reasoning prevailed.I The whole negotiation did no credit to Charles. The lower side of XVentworth's 'Thorough' was per- fectly intelligible to him. The higher side he was unable to comprehend. Stung by his failure to bribe his way to impunity, Williams threw himself once more into ecclesiastical controversy. A book recently published by Laud's chaplain, Heylyn, Novernber. Tke Holy A CoM from /he Al/af, had contained an attack upon 7"ale, ',,,«,,,d Williams's well-known views about the position of the TMng. communion-table. To this he replied anonymously in Z'he Ifoly Table, ame and 1"hing.  The authorship of the book was an open secret. It was one long argument in favour of that compromise which Williams had recommended from the beginning as the only legal arrangement ; the compromise  Letters and Papers of Sir J. Monson, Aug. I636 , Zamet mxxx. Nos. 47. 48. "-' H,.ylyn's hook was licensed May 5 ; Williams's was Iicensed for own dioeese Nov. 3 o. 54 THE RELIGIOUS OPPOSITIO:V. CH. LXXXIII; by which the table, usually standing at the east end of the church, was to be brought down to some place in the church or chancel at the time of the administration of the Communion. As might be expected, Villiams preserved the courtesies of debate far better than Prvnne or Bastwick. His work was, perhaps, all the more galling for tbat. Hey]yn deemed it worthy of a serious reply, and Laud referred to it bitterly in the speech which he delivered at the censure of Prynne ; but neither Laud nor Heylyn ruade any serious effort to rcfute its main position. By this book Williams, who had sought to escape by the aid of the Catholics and semi-Catholics of the Court,  threw him- self once more on the side of the Puritans and x637. June 16. semi-Puritans. For the present his change of front The ca-e in the Star was likely to avail him little. On June 76, 1637 , the Ch.n, ber. next Court day affer sentence had been pronounced on Prynne, Bastwick, and Burton, his case was calIed on in the Star Chamber. OEhe evidence for the prosecution was top strong to be resisted. When the day of sentence arrived, Williams's old patron, Cottington, led the way by suggesting a fine of io, oooL to the King, and prie of I,OOO marks July IX. Thesen* to Sir John Monson. The 13ishop was also to be t«e, referred to the High Commission for ecclesiastical censure, to be suspended from the exercise of his functions, to be deprived of tbe profits of ail his benefices, and t6 be tmprisoned during the King's pleasure. This proposal was unanimously adopted, and the High Commission confirmed the decree of the Star Chamber so far as it related to matters within its special jurisdiction. = Williams was sent to the Tower. The administration of his diocese was confided to his most bitter adversaries. By the King's command Laud offered him the terres on which alone he could recover his freedom. He must either pay his  Panzani had hitherto regarded Williarns as a friend of the Catholics.  Rushworlh, il. 46, Cornmissioners for causes ecclesiastmal to Wil- liarns, July 18. .Sentence of suspension, July 24, ._ç./'. Dom. cclxiv. 12, 43- See also Rossingham's 1R'ewsletters in Documenls relating fo l°rynne {Camd. Soc.} • 1637 .LORD F«qLROE.,4ND .Sri fine or give good security for its payment. He must surrender »,ug. 3« his bishopric, receiving i.n return another either in Terres Wales or Ireland, and must give up ail his other be- offered to Wilms. nefices. He must further acknowledge that he had committed the crime imputed to him, and that he had erred in writing The oly Tab&, zme atzd Thhtg. t Many weary months passed over the prisoneFs head before he was ready to accept these hard conditions even in part. In Williams the spirit of compromise, which was the characteristic mark f his genius, was marred by his moral The Latltu- defects. No such complaint could be ruade f a dinarians, group of men who were working in the saine direction, and who, if they failed to mould their own age after their inaage, have long been looked up to by later generations  the pionecrs of thought. These men were Lucius Cary, Viscount Falkland, William Chillingworth, and John Hales. Lucius Cary was the son of the Lord Deputy who had pre- ceded Wentworth in Ireland. When he was but twelve years old he was taken by his father to Dublin, and was »d Fk- there educated at Trinity Co!lcge. s As soon as he ld. had completed his academical course he prepared for a soldier's lifc, and, young as he was, was entrusted by his father's ill-judged weakness with the command of a company. As soon as the Lord Deputy was recalled, the Lords J ustices, glad to make a cheap exhibition of virtue at the expense of the son of a man with whom they had been at variance, deprived the lad of his milita rank, and appointed Sir Francis Wil- ,,9. loughby, an abler and more experenced soldier, z in Chalg his place. Young Ca, being unable to reach the Sir F. Vil- loughby. Lords Justices, sent a challenge to Willoughby, and was consequently committed to prison and threatened with a prosecution in the Star Chamber. Charles, however, set him  The paper containing these terms is in Laud's hand, and endorsed, "The King colnmanded me to set them down." Aug. 3o, Zambetk IS.ç. mxxx. fol. 68 b. " On his mysterious connection with St. John's, Cambridge, see tdloch's Rational 7heology, i. l'S 3. . * He did good service afterwards in defending Dublln Cazt!e in x64t.. 26 THE RELIGIOUS OPPOSITION. CH. LXXXltt. free afler a short confinement of ten days,- allowing him the arrears of his pa.v, and adding a special acknowledgment that he had lost his command through no fault of his own.  The young man was doubtless gratified by the compliment. He stood in no need of the tnoney. His motber, a violent and overbearing woman, the daughter of Chier Baron le¢omes heir tohi.grand- Tanfield. had lately declared herself a Catholic--a father. step which so annoyed her father that he passed her over in his will and left his estates directly to his grandson. As soon, thercfore, as he came of age young Cary found himself master of Great Tew, in Oxfordshire. Scarcely was he settled there when he gave offence to his father by entering upon a marriage of affection with a portionless lady. With the warm impulsiveness which was the principal charm of his character and at the same rime the source of his greatest errors, he offered to l esign the whole estate into his father's hands if only he might have a father's love. The offer was ruade in vain. The first I,ord Falkland died in 1633 , x*3s. reconciled to his son. The young man who now B«o,. inherited the Scottish title of Falkland was as yet Lord Falk- land. but little known to the world at large. For some years he devoted himself to his books and his friends. Falk- illr«at ]and's house was the meeting-place for wits and Gat't'«,,. poets as well as fir scholars and divines. Carew and Suckling, Walter Montague and Sir Kenelm Digby were counted amongst his friends, whilst Sheldon and Morley knew how to lead the conversation to severer topics. Falkland him- self p]a'ed the part of host to perfection. AIl who had any seriou: [.urpose on hand had generous welcome at Great Tew. Unive,ity men from Oxford 'found their lodgings there as ready ,..,; in the colleges ; nor did the lord of the house know of their coming or going, nor who were in his house, till he came to dinner or supper, where ail still met ; otherwise there was no trouble, ceremony, or restraint to forbid men to corne * Lady The, esa Lewis, Lires ofthe Friends ofClarendon, i. 89.  I found this in SOlne formal document in the Record Office, I think in the enrolment of the Privy Seal granting the arrears ; but I have t] reference. 633 LORD FALKLAND. 257 to the house or to make them weary of staying there ; so that many came thither to study in a better air, finding ail the books they could desire in his library, and all the persons together whose society they could wish, and not find it in any other society.' 1 Falkland's mind was as hospitable as his bouse. He was in the highest sense of the words a seeker after truth, and he i4i«ha, was unable to conceive that anything could be true racter, which was not pure and of good report. His virtues were accompanied by their attendant defects. He was more keen to dêtect faultiness than to provide a remedy. He missed being agreat man by a little, but that little was enough. He was too large-minded to take a mere party mould, and he was not sufficlently large-minded to stand above party altogether. He swayed from side to side as the special evils of either struck him more wvidly. It was characteristic of him that of ail poets he rated Ben Jonson most highly, and that in the cata- logue of poetic gifts which he attributed to his favourite-- wit, judgment, learning, art or industry, the highest of all, the supreme gift of imagination, was want- ing. It is equally missing in Falkland's own versification, and in this his versification was but the expression of his lire. He was too clear-sighted to make a great party-leader, like Wentworth or Pym. He could not work out the results of a special political principle, and push it to its extreme cone- quences regardless of other principles which might commend themselves to other minds. His gentle, loving heart longed to compose the differences of the world, and to bid the weapons fall from hands which were prepared for bitter war. But the comprehensiveness of his heart was not supported by compre- hensiveness of brain. The desire for reconciliation vented itself in impulsive anger against those who at any given time stood forth as obstacles to reconciliation ; it did hOt lead up to the reconciling thought which would have satisfied the reason- * Clarendon, ZiJê, i. 4I. There is a curious echo of this description the account of Allworthy's hospitality in Tom .ones. VOL. VIII. .q 58 TItE RELIGIOUS OPPOSITION. CH. LXXXII[. able desires of both parties. When he chose a side he did hot know hall its faults. When he deserted it he did hot know half its merits. Falkland had hot yet thrown himself into opposition. In i637 he went out of his way to praise the King, compliment- I-Iispraiseof ing him on the sovereignty of the seas in a way the Ki,,g. hot very consistent with any strong feeling on the subject of ship-money, though the fact that he was a defaulter in respect of at least one of his estates may be allo ed to stand for something on the opposite side) Ben Jonson had just been carried to the grave, full of vears and honours. He, wrote Falkland, would bave told in befitting verse How mighty Charles, anaidst that weighty care In which three kingdoms as their blessing share (Whom as it tends with ever-watchful eyes, That neither power may force nor art surpriae, So, bounded by no shore, grasps all the main, And far as Neptune claires extends hls rei,.,n), 17ound still some rime to hear and to admie The happy sounds of his harmonious lyre. - It was on a question of religion that Falkland was first drawn into the controversies of the world around him. His mother, .d, having changed her own religion, was anxious to into the con- make proselytes of all upon wholn her influence troversy with Rome. could be brought to bear. Assailed by the usual argument that there was no infallibility but in the Roman Church, and no salvation without infallibility, Falkland was driven to exanaine the grounds of his faith. Under no cir- cumstances is it conceivable that a mind so rational and so candid could have accepted these propositions; but though Falkland's tendencies of thonght belongcd to himself, there was something in the very gentleness of his nature which led him at every important crisis in his life to seek out the support of a mind stronger and more self-reliant than his own. In different phases of his political career he rested alternately en Hampden and on Hyde. In his earlier days he rested on Chillingworth  Arrears for Hertfordshire, 637, & P. om. ccclxx'i, lO6.  'alkland's t'oems, ed. Grosart. x 637 V/ILLL4 31 CttlLZI«VG f 'OR Ttt.  59 in their common effort to free religious belief from bondage to human authority.  Though so nearly akin in their aires, the two men differed widely in their mental characteristics. In Falkland the rea- Falka,a soning powers were subordinate to the moral per- and Chil ceptions. In Chillinovorth they exercised almost iingworth, undivided sway. He was, above all things, a thinker. His singularly clear intellect 1net with but little resistance from those sympathies and antipathies which with most men count for so much. When once he had nmde up his mind that any given course was dictated by reason, nothing except conviction by argument that he had been mistaken would deter him from acting on his belief. Chillingworth's early lire was passed in circumstances which boded for him a prosperous career. Born at Oxford in I6o2, i6«. he had Laud for his godfather. He received a good Chilling- education, and in 1628 he became a Fellow of worth's early i. Trinity. Suddenly his friends learnt, to their con- sternation, that he had betaken himself to Douai as a convert to the Papal Church. The Jesuit Fisher had laid 163. before him the argument that an infallible guide in matters of faith was necessary for salvation, and that such a guide was only to be round in the Roman Church. Chillin'orth was at a loss for a reply, and, as usual, he followed the superior argu- ment. A very brief residence at Douai convinced him that he had not searched the question to the bottom. Books of Jesuit theology were in the habit of applying the test of probability to moral action, and it is by no means unlikely that from them Chillingworth drew the unintended inference that, if it was enough to act upon the mere probability that the action was right, it might be enough to believe on the mere probability that the belief was truc. If he accepted this as the best theory which he could form, it was evident that he had no further need of an infallible guide. In making up his mind to return to the English Church Chillingworth had been helped by letters from Laud. The  I ara aware that the reverse has been asserted, but the relation of the two minds seems too clear tu adroit of any other view than this. 6o THE RELIGIOUS OPPOSITION. CH. LXXXIIL positions assumed by the two men were in the main identical. In his conference with Fisher, Laud had, indeed, declared Laud and Chilling- that it was unnecessary to require assent to more than the fundamental articles of the Christian faith ; 1 but It was hOt likely that any argument would fare in Laud's hands exactly as it would fare in Chillingworth's. Laud would be sure to add something about the consent of antiquity and the practical advantages of submission to authority. Chillingworth would leave it in its own naked simplicity. Chillingworth had not been long in England before he cimng- began to prepare himself for that great controversial ,orthpr«- work by which he hoped to guide others along the pares his gr«at ,ok. path in which his own feet had stumbled. In i63o a Jesuit who passed by the naine of Edward Knott had published a book under the naine of Charity AHstaken, in which he argued that, except under exceptional cir-  630. c,4ty cmnstances, there was no salvation for Protestants. Jit,,/e,,. In I633 Dr. Potter had answered the book, and the 63. Jesuit then replied in support of his former reason- lotter's ing. It was here that Chillingworth intervened in «;Y" the controversy. For three years he was laying the foundations of the book in which the great weapon of the Catholic armoury was to be put to the proof. The attraction of the library at Great Tew drew Chilling- worth to Falkland. Intercourse quickly ripened into intimacy, ,63». and tradition tells how nmch of the argument f the Chilling- scholar was owing to the sucgestions of the peer. worth at  Great Tew. Those who have read with attention the vritings of the two men will probably corne to the conclusion that the peer owed more to the scholar than he gave. Falkland's x636. reply to the letter in which Walter Montague an- nounced his conversion goes over much the saine ground as ' Such a sentence as the following, for instance, bas a very Chilling- worthian ring : "The Church of Egland never declared that every one o! ber articles are fundamental in the thith ; for it is one thing to say, No one of them is superstitious or erroneous, and quite another t, say, Eery one of them is fundamental, and that in every part of it, to ail men's belief. '» Laud's Works, ii. 60. I636 II'ILLIA3I CHILLLVG I, VORTH. .6i that which was subsequently occupied by Chillingworth ; but the argmnents are urged without that sharp incisiveness which marks the work of the stronger reasoner. Itis by no means unlikely that Chillingworth had braced himself to his labours at Laud's instigation, though no evidence to that effect is in existence. At all events, before Knott's ir«ction to the book was published Laud had ample reason to . N. look upon it with interest. In a short pamphlet Knott sought to discredit by anticipation the reply which he. expected. He charged the author with Socinianism, and flouted him on his pretension to appear as the advocate of a religion which no longer dared to deck itself in its own colours. Protestanusm, he wrote, waxeth weary of itself. The pro- fessors of it, they especially of greatest worth, learning, and authorty, love retaper and moderation, and are at this time more unresolved where to fasten than at the infancy of their Church." Their doctrine, he added, was undergoing a change : they now denied that the Pope was Antichrist ; they had begun to pray for the dead, to use pictures, to adopt in many points the teaching of Rome. The articles were 'impatient, nay, ambitious, of some sense wherein they might seem Catholic.' Calvinism was 'accounted heresy and little less than treason.' The 'once fearful names of priests and altars' were widely used, and men were bidden to expound Scripture according to the sense of the Fathers--a practice which would evidently land them at the feet of the Pope, 'seeing that by the confes- sion of Protestants the Fathers were on the side of the Catholic Church.'  No wonder such words as these were gleefully quoted by the Puritans. ]t was exactly what they had been reiterating for c«s ti« years. No wonder, too, that Laud and Charles were to get Knott deeply annoyed at so unexpected an attack. Charles banihed. weakly allowed Wmdebank to apply to Con, asking him to express his displeasure to the audacious Jesuit.  As In addition to Chillingworth's quotation, De Maiseaux gives axa ccount of Knott's work, of which he had seen a copy. Nov. 4 Con to Barberini, b--ec. ' Add. 2ISS. 15,389, fol. 384 . 262 Ttrt IPtLIGIOUS OPPOSITION. CH. LXXXIII. might have been expected, anything of the sort ; and his attention to hastening Con expressed his inability te do Laud, with greater wisdom, turned the appearance of Chillingworth's reply.  Towards the end of I637, in the very heat of the excitelnent engendered by Lady Newport's conversion, Z/te Religion of _Proleslatls was issued to the world. In his main argument that 'nothing is necessary to be believed but what is plainly revealed ' = Chillingworth did little x637. lnore than put in a clearer and more logical form, with Tttel¢«ligion all its excrescences stripped away, the contention of Protes- tants, of I.aud in the conference with Fisher. That which mzrks the pre-elninence of the younger writer is his clear sense of the subordination of intellectual conviction to moral effort. If men, he says, ' suffer themselves neither to be betrayed into their errors, nor kept in theln by any sin of their will ; if they do their best endeavour to free themselves from all errors, and yet fail of it through human frailty, so well ara I persuaded of the goodness of God, that if in me alone should meet a conflu- ence of all such errors of all the Protestants of the wofld that were thus qualified, I should hot be so much afraid of them ail as I should be to ask pardon for them.'  In these words, hot in the counter-dogmatism of the Puritan zealot, la)" the true answer to thc claire to infallibility which was so ostentatiously flaunted before the world by the Roman nais- sionaries. It was the old doctrine of Sir Thomas lXlore and the men of the new learning comin e to the surface once more, under happier auspices. It breathed the very spirit of mutual regard for zeal and earnestness in the midst of intellectual differences. It became men, Chillingworth held, to be very careful how they set up the creatures of their own imaginations as if they were the veriest certainties of Divine revelation. "This presumptuous ilnposing of the senses of men upon the general words of God," he writes, "and laying them upon men's consciences together, under the equal penalty of death and damnation; this vain conceit that we can speak of the things of God better than in the words of God ; this deifying t Chillingworth's reasons, Sept. 19, S. -P. /9oto. ccclxvii, x16.  IVorhs, i. 230.  Ibid. i. 8x. I637 I!'ILLL4AI Ct]ILLLVG IVOR Tri'. 63 our own interpretations and tyrannous enforcing them upon others ; this restraining of the Word of God from that latitude and generality, and the understandings of men from that liberty wherein Christ and the Apostles left then»-is and hath been the only fountain of all the schisms of the Church, and that which makes them immortal; the cornu'non incendiary of Christendoln, and that which tears into pieces, hOt the coat, but the bowels and members of Christ .... Take away these walls of s_paration, and all will quickly be one. Take away this persecuting, burning, cursing, damning of men for not subscribing to the words of men as the words of God ; require of Christians only to believe Christ, and to call no lnan toaster, but Him only; let those leave claiming infallibility that have no title to it, and let theln that in their words disclaim it dis- claim it also in their actions." " Christians," he says again, "must be taught to set a higher value upon those high points of faith and obedience wherein they agree than upon those lnatters of less lnomelt wherein they differ, and understand that agreement in those ought to be more effectual to join them in one comnmnion than their difference in other things of less moment to divide them. When I say in one commu- nion, I lnean in a conlmon profession of those articles wherein all consent--a joint worship of God, after such a way as all esteem lawful, and a mutual performance of all those works of charity which Christians owe one to another." 1 It is not given to any one man, even if he be a Chilling- worth, to lnake out with complete fulness the remedies needed I)efectsof for the evils of his age. Dogmatism, too, has its Chilling- functions to pertorm in the work of the world. The worth's »-»t. vain belief in the possession of ail truth is higher and more ennobling than the disbelief that truth exists at all ; and it is impossible to deny that to the mass of Chillingwolth's contemporaries the suspension of judgment, which was to him the ultilnate result of a keen and earnest search after truth, would seem to be the very negation of the existence of truth itself. Een calmer judgments might well doubt vhether  IForks, ii. 37. 264 Tttt ttLIGIOUS OPPOS.I'T.I'O): ca. LXXXHI. Chillingworth's notion of a 'joint worship of God after such a way as all e»teeln lawful' was feasible, or whether, even if it roved feasible, it was at all desirable. Chillingworth's mind was too purely intellectual to enable him to understand how any given ritual could either raise admiration or provoke hos- tility. He cared much whether a proposition was truc or hot. He had but a languid interest in forlns of prayer. In his reply to Knott's last pamphlet he took up the defence of the recent changes. "What," h said, " if out of fear that too much sin-- plicity and nakedness in the public service of God may beget in the ordinary sort of mena dull and stupid irreverence, and out of hope that the outward state and glory of it, being well- disposed and wisely moderated, may engender, quicken, increase, and nourish the inward reverence, respect, and devo- tion which is due unto God's sovereign majesty and power; what if, out of a persuasion and desire that Papists may be won over to us the sooner by the removing of this scandal out of their way, and out of a holy jealousy that the weaker sort of Protestants might be the casier seduced to them by the mag- nificence and pomp of their Church service, in case it were hot removed--I say, what if, out of these considerations, the governors of our Church, more of late than formerly, have set themselves to adorn and beautify the places where God's honour dwells, and to make them as heaven-like as they can with earthly ornaments ?" 1 There is somethingcontemptuous in such a defence as this. Above all, there is no acknowledg- ment by Chillingworth of the fact that moral influence may spread abroad from men who are very wrong-headed and very positive. The toleration which cheerfully grants free liberty to those who differ irreconcilably from us is the complement of the tolerance which seeks out by preference the points in which others agree with us rather than those in which they differ. The latter was Chillingworth's contribution to the peace of the Church and nation ; for the former we must look elsewhere. Yet, before we plunge into the strife out of which the better thought was to be evolved, we may well linger a » I4ror» i. 3. 1638 'OHN HALES. 65 moment to contemplate the lire of one whose nature was more x6»8. complete, and whose personality was more altogether john Hales lovely, than that of the great controversialist. Rather of Eton. than to Chillingworth, rather than to Falkland, the discerning eye is attracted to one who was in his own estima- tion less than either, but of whom those who knew him best loved to speak as the ever-memorable John Hales. The genial recluse, with his prodigious memory and his keen, rapier-like thrust of argument, was the most loving and tender-hearted of men. In his Eton fellowship he round him- self at home under the provostship of the large-minded Sir Henry Wotton. His views of lire and religion were in the main identical with those of Chillingworth, but he approached the subject from the other side. In Chillingworth the logical faculty was supreme. In Hales it was at the service of a singularly gentle and affectionate heart. Hence he began where Chillingworth left off. He did not argue himself into the belief that the intention to go wrong, and not the failure itself, was culpable. He rather made it the starting-point of his reasoning. "He would often say that he would renounce the religion of the Church of England to-morrow if it obliged him to believe that any other Christian should be damned, and that nobody would conclude another man to be damned that did not wish him so." "Every Christian," he wrote, "may err that will ; for if we might not err wilfully, then there would be no heresy, heresy being nothing else but wilful error. For if we account mistakes befalling us through human frailties to be heresies, then it will follow that every man since the Apostles' times was an heretic. " Hence he could take but little interest in Chillingworth's search after fundamental truths. That men should err was, in his eyes, a necessity of their nature. The venerable names of the Fathers of the ancient Church, the imposing solemnity of ecclesiastical coun- cils, conferred no exemption from the universal law. " If truth and goodness," he wrote, "go by universality and mul- titude, what mean then the prophets and holy men of Goà  Clarendon, Life, i. 54-  On the Sacrament of the Lord's Supper, Vorks, i. 63. z66 TI[E RELIGIOUS OPPOSITIO.V. CH. LXXXIII. everywhere in the Scripture so frequently, so bitterly to coin- plain of the small number of good men careful of God and truth ? Neither is the complaint proper to Scripture ; it is the colnmon complaint of ail that have left any records of antiquity behind them. Could wishing do any good, I could wish well to this kind of proof ; but it shall never go so well with man- kind that the most shall be the best. The best that I can say of argument and reason drawn from universality in multitude is this : such reason nlay perchance serve to excuse an error, but it can never serve to warrant a truth." Yet, for ail this, the investigation of truth was the highest work of man. The words of the Apostle, " Be not decei,'ed," Thesearch were spoken not only to the wise and learned, but for truth.  to everyone, of whatever sex, of whatever rank or degree and place soever, from him that studies in his library to hiln that sveats at the plough-tail.' But the command is not obeyed by those who content themselves with storing their memories with opinions learned by rote. He that would not be deceived must hOt only know' what it is that is COlnmanded,' nmst not therefore take his duties on trust from a Church claiming to be infallible, or from a venerated preacher, but must also know' wherefore--that is, upon wbat authority, upon what reason.' 1 At last the new thought which was to rotin the modern world had reached its full and clear expression. Like Chillingworth, ttales too had his dream of Utopian harmony of worship. "Were liturgies and public forms of Public service so framed," he argued, "as that they admitted worship, not of particular and private fancies, but contained only such things as in which all Christians do agree, schisms in opinion were utterly vanished. For consider of all the liturgies that are or ever have bec,a, and remove from them whatsoever" is scandalous to any party, and leave nothing but what all agree on, and the event shall be that the public service and honour of God shall no waya surfer; whereas to load our public forms with the private fancies upon which we differ is the most sove- reign way to perpetuate schism unto the world's end. Prayer, Sermon on private judgment in religion. IVorks, iii. I4i. 1638 'OH2V HALE& 67 confession, thanksgiving, reading of Scrlpture, exposition ot Scripture, administration of sacraments in the plainest and simplest manner, were matter enough to filrnish out a sufficient liturgy, though nothing else of private opinion, or of church pomp, of garments, of prescribed gestures, of imagery, of music, of matter concerning the dead, of many superfluities which creep into churches under the naine of order and decency, did interpose itself." 1 The tract on schism in which these words occur was circu- lated in manuscript in the spring of 1638. No wonder that 4al«s sent when a copy fell into Laud's hands he sent for thc for byL--ud, author to Lambeth. Yet he could hot but know that Hales, if hOt his ally, was at least the assailant of his enemies. A few years before, perhaps, he would have dealt harshly with him. He could hot find it in his heart now to visit very severely a champion whose thrusts were directed against Puritan and Papist alike. The two men walked up and down the garden in friendly, if sometimes in warm, argmnent. Laud breathed a word of caution. The time, said the Archbishop, was ' very apt to set new doctrines on foot, of which the wits of the age were too susceptible.'  ' There could hot be too much tare taken to preserve the peace and unity of the Church.' As Hales came away he met HIeylyn, and fooled him to the top of his bent,  assuring him that the Archbishop had proved far superior in controversy, ferreting him ' froln one hole to another till there as none left to afford him any further shelter ; tha he was now resolved to be orthodox, and to declare himself a true son of the Church of England both for doctrine and dis- cipline.'  Hales, no doubt, was laughing in his sleeve at the pompous chaplain. Yet it must be remembered that it is not from men of Hales's stamp that vigorous self-assertion is to be expected. In writing to Laud he did not, it is true, retract any of his positive opinions, but he certainly explained away some  Tract concerning schism, fVorZ's, i. 114.  This is Clarendon's account. Z, i. 55.  This is Principal Tulloch's explanation, and is, I bave no doubt, the right one.  Iteylyn, Cyrianus An£licus, 340. 68 THE RELIGIOUS OPPOSITION. c. LxxxIII. of his utterances. Laud was satisfied with his explanation, and in the following year he procured for him a canonry at Windsor. Though in the days of conflict Falkland and Chillingworth and Hales would be found on Charles's side, in the long.run the The influ- spirit which inspired them would be found a far more ence of Lati- powerful dissolvent of Laud's system than the Puri- tudinarian- imnt tanism which he dreaded. Its time was not yet irnmediate. corne. Two theories of the religious life were in presence of one another, and those theories were entwined with a whole mass of habits which could hot readily be shaken off. The strife was approaching, and it was not till the combatants had measured their strength with one another that they would be ready to listen to the words of peace. Even when that rime came the solution would not be altogether such as Hales would have approved. The religious conscience would demanda more definite creed, and a more definite ceremonial, than that for which he had asked. By the side of the idea of com- prehension would arise the idea of toleration. The one would soften down asperities, and teach the assured dogmatist to put on something of that humility in which the controversialist of ail periods is so grievously deficient. The other would prepare room for the unchecked development of that individualit¥ which is the foundation of ail true vigour in churches and in nations. CItAPTER LXXXIV. THE CONSTITUTIONAL OPPOSITION. THE ccclesiastical grievances were only felt by a part of the community. Financial burdens were felt by everyone who had property. In the summer of 1637 the outcry x637. Political against ship-money had become general. grievxnces. NO unprejudiced person can deny that the exist- ence of a powerful fleet was indispensable to the safety of the State, or that the amount of money demanded by Shlp-money net an Charles for the equipment of that fleet was no more actual need; than the case required. The charge which has fre- quently been brought against him of spending the money thus levied on objects unconnected with its ostensible purpose is without a shadow of foundation ; and it is perfectly certain that, though the grant of tonnage and poundage had originally been ruade in order to provide the Crown with the means of guarding the seas, the expenses of government had so far in- creased that if tonnage and poundage were to be applied to that purpose on the scale that had now become necessary, the exchequer would soon be in a condition of bankruptcy. Even the most just and necessary taxation, however, is sometimes received with murmurs. If such murmurs are hOt but was ira- tO lead to actual resistance, it is incumbent on those posed with- who impose the tax to explain to the tax-payer the Otlt tie con- .ent «the necessity under which they are placed, and if possible t»yr, to find some way of obtaining his consent. It was the very thing that Charles had not dared to do. He well knew that to summon a Parliament would be to endanger the z7o THE CONSTITUTIONA l. OPPOSITION. CH. LXXXIV. success of his ecclesiastical policy, and he had no mind to run the risk. The fleet obtained by the levy of ship-money had donc nothing sufficiently striking to make men forger the faults of S«vk«sof its origin. The nmintenance of trade with Dunkirk, the fleet, ill the face of threats of a Dutch or French attack upon that nest of privateers, interested only a few traders in London or Dover ; whilst the exploits of the King's ships amongst the Dutch fishermen  in the summer of I637 would, if the truth had been kno;n, have awakened scorn rather than admiration. If a less inglorious success was achieved in the saine smmner by a squadron of six vessels under Captain Rains- borough at Sallee, it was due to other causes than The expedi- tion to the skill of the commander or the efficiency of the Sallee. annament. Rainsborough was sent to deliver from sla:,ery the European captives of the Barbary pirates, but his efforts to overcome their stronghold by attack or blockade were entirely ineffectual. Luckily, however, a civil war broke out amongst the Moors, and the King of Morocco purchased the neutrality of the English fleet by the surrender of -'7I prisoners. = Yet it was not because ship-money was badly spent that the impost was assailed in England. Voices were raised on every side declaring it to be utterly i]legal. Ship- Ship-nloney attacked as money, it was loudlv declared, was undeniably a tax, illegal, and the ancient customs of the reahn, recently ena- bodied in the Petifion of Right, had announced, with no doubt- ful voice, that no tax could be levied without consent of Parlia- ment. Even this objection, was hot the full mea- The constl- -tutionalob- sure of the evil. If Charles could take this money jection, without consent of Parliament, he need not, un!ess some unforeseen emergency arose, ever summon a parliament ! See page 220. = Brissenden to Nicholas, Sept. 2I. Rainsborough's journal, .5". P. Dom. ccclxviii. 6, ccclxix. 72 ; Carteret to Coke, Sept. 2I. List of prlsoners released. S. t . AIorocco. Garrard's statement (3trafford Lette«, il.  S) that Rainsborough ' put the new town of Sallee into the King of Morocco:s hands ' is exaggerated. 1637 SHIP-«]70E ï  UtSTIOED. 271 again. The true question at issue was whether Parliament formed an integral part of the Constitution or hot. A charge bas sometimes been brought against the English- men of that day that they concerned themselves overlnuch with Attachment legality and precedent. Undoubtedly they loved to «Che na¢ion dwell upon the antiquity of the rights Mfich they m legality, claimed. Antiquaries like Selden or Twysden ex- pressed the tendencies of their age as truly as thinkers like Voltaire and Rousseau expressed the tendencies of theirs. The legality which they cherished was the legality of a nation which had hitherto preserved unbroken the traditions of self- government. Spoken or unspoken, beneath all the technicali- ries of the lawyers, beneath all the records of the antiquaries, .here remained an undertone of reliance upon the nation itself. Parliaments had been established to gather into a focus the national resolve. Kings had been established to give prompt efficacy to the resolve which had been formed. It was a new thing that a king should treat the policy and religion of the nation as if they concerned himself alone ; but the men who opposed it because it was new, pposed it still more because it was degrading. Charles fancied that the question of the legality of ship- money had been settled for ever in his favour by the declara- Thequestion tion Of the judges.  Lord Saye and John Hmnpden ofship- thought otherwise. They resolved that, ¢hatever money tobe argued, the result might be, the argument against ship-money should be heard in open court, and Charles was too confident of the justice of his cause to offer any opposition. For some unknoxvn reason--perhaps because his case was more simple than that of Saye--Hampden's refusal was selected Difficultles to test the opinion of the judges. His case was to in the way. be argued in the Exchequer Chamber. The counsel employed by him were St. J.ohn and Holborne, lawyers con- nected with the Earl of Bedford. They would have to argue with the full knowledge that the court was against them, and they would have therefore to put forward jusr that side of the argument which would not call down the vio!ent censure  See page "oS. 7"- THE CONSTITUTIONAL OPPOSITION. cH. LXXXIV of the judges. It would be far easier to show that Charles was politically in the wrong than to show that he was legally in the wrong ; but they were bound by their position to urge legal objections, only indirectly touching upon the political objections, if they touched on theln at all. They knew that the judges had acknowledged the King to be the sole judge of danger rioto abroad, and they therefore could hot venture to question a maxim adopted on such authority. St. John accordingly began by making a great concession. He abandoned any attempt to draw a distinction between the levy of shiI»lnoney in the inland counties and its Nov. 6. st. john'» levy in the maritime counties. He acknowledged, rgu,,el, t. too, that the King was the sole judge of the existence of danger. The law, he said, had given the King power, 'by writ under the Great Seal of England, to conamand the inhabi- tants of each county to provide shipping for the defence of the kingdom, so that he might by law compel the doing thereof.' The only question was in what manner he was to exercise this power. St. John answered his own question by arguing that as the King could not set fines nor deliver judgment except through the judges, so he could hot raise money beyond his ordinary revenue except by Parliament. He showed that there were special reasons for this restriction. A representative sembly was likely to be a jealous guardian of the property of its constituents. The King was under no such bonds. If he could lay what charge he pleased on his subjects 'it would corne to pass that, if the subject hath anything at all, he is not beholden to the law for it, but it is left entirely in the mercy and goodness of the King.' The remainder of St. John's argument may profitably be stripped of its technicalities. Itis a good thing, he said in effect, that there should be some one to keep an eye on the possibility of danger. It is also a good thing that property should be guarded against unnecessary clailns. It was, there- fore, well that the King, when he had discovered the danger, should, under ordinary circumstances, be compelled to apply to Parliament for the taxation needed to meet it. It might be, indeed, that the danger developed so rapidly that time for an 1637 TttE SttlP-IIONE Y CASE. application to Parliament was wanting. In that case the rights of property would be simply in abeyance. If a French or a Spanish army landed unexpectedly in Kent or Devonshire, no one would blame the Government because it seized horses from a gentleman's stable to drag artillery, or ordered its troops to charge across a farmer's cornfields. It was a matter notoriety, however, that in the present case no such danger had occurred. Writs had been issued in August for the purpose equipping a fleet which was hot needed till March. What pos- sible reason could be alleged why Parliament had hOt been summoned in the course of those seven months, to grant a subsidy in the regular way ? A reason no doubt there was, to which St. John did hOt venture even to allude, but which his hearers were hOt likely to forger. A Parliament, once summoned, would bc certain to discuss other matters besides ship-money, and would most probably demand an entire reversal of the civil and ecclesias- tical policy of the reign. St. John supported his arguments by the usual store of antiquarian learning. He was able to show that the kings of England had frequently paid for services done in defence of the realm, even when they had becn forced to borrow money to enable them to do so. Surely, he urged, no king would have done this if he had been aware that he might legally impose the burden on his subjects. When St. John sat down he round himself famous. The crowded audience drank in every word that he said, listening as men would listen who believed their property and their rights to be at stake. As Solicitor-General, Lyttelton undertook to reply. It would have been strange if he had failed to find cases in which Nov. ,x. English kings had occasionally taken money irregu- Lyttelton's larly. The struggle between Crown and Parliament argument, had been a conflict of strength as well as a conflict of principle, and an advocate of the Government might easily go astray by quoting acts of aggression as if they had embodied the very spirit of the law. When I.yttelton ascended from precedent to principle, the weakness of his case must bave been VOL. VIII. ,74 THE CONSTITUTIONAL OPPOSITION. c. LXXXV manifest even to those who knew little of constitutional lav. He acknowledged that the King had no right to impose ship- money, excepting in ti,ne of danger, and he ruade the most of the argument that the rights of property were hot weakened by taking what was needed for the defence of property itself. All laws must give way to the law of necessity, and in times of ne- cessity it was impossible to appeal to Parliament. Forty days must elapse after thê issue of the writs belote Parliament could meet, and then would follow long debates and conferences bê- tveen the Houses. Before an agreement could be arrived at the kingdom would be lost. Lyttelton's argument would bave been an excellent one if it had had the slightest relation to the actual circumstances of the case. Even supposing that the seven months which passed between the issue of the writ and the assemblage of the fleet had been insufficient to enable Parliament to come to a deci- sion on that year's supply, no such excuse could be pleaded on behalf of an exaction which was now being renewed for a fourth annual period. Evidently the danger was considered at Court tobe a permanent one, and to a permanent danger Lyttelton's veasoning had no application wbatever. Holborne in a few words blew dovn the house of cards which had been erected by the Solicitor-General. The writ, he said, did not mention the existence of imminent Holborne's danger. Then, rising to the occasion, he argued, arg,,ment, amidst interruptions from the Bench, 'that by the fundamental laws of England the King cannot, out of Parlia- ment, charge the subject--no, not for the common good unless in special cases.' Not only could hot the King doit 'for the guard of the sea against pirates, but he could not even doit for the ordinary defence of the kingdom unavoidably in danger to be lost.' Then, going farther than St. John had venturêd to go, he refused to acknowledge that the King was the proper judge of danger, except when that danger was so closly im- pending that it was impossible to consult Parliament at ail. The great constitutional issue was raised more distinctly by Holborne than by St. John. For him Parliament, not the K.ing, was the main organ of the sovereignty of the nation over 637 TttE SHIP-AIONE I" CAS.E. 275 ltself. Bankes, the Attorney-General, refused to meet him on that ground. The court, he argued, had no De'c. x6. argu,ent of right to inquire under what circumstances the King nk«. could exercise his judgment. It was enough to know that it had been exercised. His power of forming the ne- cessary decision was ' innate in the person of an absolute king and in the persons of the Kings of England ; so inherent in the king that it i. not any ways derived from the people, but reserved to the king when positive laws first began.' In the course of his three days' argument Bankes had pro- duced lnany precedents, in which the obligation of the subject to defend the realm in person, by land or sea, was e. zs. often confused with the special obligation of dzellers on the toast to provide ships for its defence. Nor did Ee omit to quote a few cases in which in older times the inh:.lzitants of inland counties had been compelled to find money er the provision of ships. He was, however, totally unable to show anything like a general contribution enforced from year to year. In the end he repeated his declaration that the King Iec. ,9. was an absolute monarch and the sole judge of danger. To ' distrust that he will command too great a power or aid, itis a presumption against the presulnption of the law.' " My Lords," he said in conclusion, "if there were no !aw to compel unto this duty, yet nature and the invioiate iaw of preservation ought to more us. These vapours which are ex- haled from us will again descend upon us in out safety anal in the honour of out nation ; and therefore let us obey the King s command by his writ, and not dispute. He is the first mover among these orbs of ours, and t',e is the circle of tins circum- ference, and he is the centre of us ail, wherein we all as the loins should meet. He is the soul of this body, whose proper act is to command." Bankes thus supplied whatever defects there might be in Holborne's argument. When he sat down it must bave been abundantly clear to all who were present that if his Importance of Bankes's view was accepted as the truc one, the old Parna- argument, mentary constitution of England was at an end. In that case, as they had already learned froln St. John, no man T2 • 76 file CONSTITUTIOJVAL OPPOSITIO]V. CH. LXXXIV. could hold his property except on sufferance. Those who cared less for pelf, and more for the old constitutional inheritance of their race, learned from the glib utterance of a lawyer's tongue that the system under which they fondly believed that long generations of their ancestors had lived and died had never had any real existence. The assemblies of early times before the Conquest, the Great Councils of Norman kings, the Parliaments of the Plantagenets were, it would seem, merely ornamental appendages to the substantial edifice of the monarchy. No doubtthe King still professed his intention of ruling according to the law. No doubt the Great Charter, the confirmation of the Charters, and the recent Petition of Right would still be quoted and wrangled over in Westminster Hall, but their living force would be gone. The representative monarchy of Henry VIII. and Elizabeth would cease to be, as completely as the Parliamentary monarchy of the House of Lancaster would cease to be. In its stead was to be raised the authority of a king ruling in accordance with his own inscrutable counsels, whilst the English people was to wait patiently for the decision ofits toaster. His was the wisdom which foresees everything and arranges everything, which no contingency could take by surprise and no calamity find without resource. Theirs was the ignorance of a herd of cattle contentedly grazing in the fat pastures prepared for them till their owner thought good to send them forth to the slaughter-house of war. It is certain that, whether Charles was or was hot pos- sessed of the profound wisdom needed to make good the Co,dtio,, claire advanced in his naine, no time could be con- ,,d«,hich ceived more unfitted for its general acceptance. So the clalm to absolute far as the King's advocates demanded that compli- 1Dowr Was ,d« cated affairs should be entrusted to the decision of the few rather than of the many, they merely asked what was in accordance with the necessities of human nature ; but they h'ft out of sight the fact that it is equaly in accordance with those necessities that the decision of the few should be openly or tacitly submitted to the approval of the many. At the moment, too, the very success attained by Charles's fleet ruade the mystery in which he veiled his resolutions more unin- I637 Ttttï SHII'-IIO:'VE I" 'UDGiltL'.2¢T. -î77 tel!igible. When a great crisis arrives in the national fortunes, when an invasion by a foreign Power is ilnpending and the means of resistance are scanty, itis far more important that the plans for meeting the danger should proceed from one t3rain, and that the forces of resistance should be concentrated in one hand, than that there should be a public Parliamentary discus- sion on the proper tactics to be pursued. Nothing of the kind was impending now. When Richelieu determined to keep his new fleet out of the English Channel, he struck a decisive stroke, though he knew it hot, on behalf of the Parliamentary liberties of England. If a combined French and Dutch fleet had attacked Dunkirk, and had threatened English comlnerce on the English coasts, ail the patriotism in England would have t)een loud in demanding that the powers of Governlnent should be increased, though it is quite possible that an effort would also bave been lnade to substitute a thoughtful and able Govern- ment for one which had proved itselfshiftless andinefficient. As it was, there was no reason whatever that special powers should be conceded where no special reasons existed for their exercise. The decision of the judges remained to be heard. As only two were to deliver their opinion on the saine day, and as, in ,638. consequence of the claims of other business, a consi- The opinion derable delay would intervene between the utterances ofthejudges, of each pair of speakers, some naonths must elapse belote the judgment of the who|e Bench could be known. It was hOt likely that the judges would break away from their declaration of the preceding winter. On some of theln no doubt the dependent position to which they had been reduced by Charles may have been hOt without its influence ; but it must hOt be forgotten that the question itself was rather one for political than for judicial settlement. Hampden and his supporters were only careful to establish a negative. They saw clearly that the right assumed by the King was fatal to the Parliamentary constitution of England. The judges might well ask what was the alternative proposed. Was a House of Coin- morts, as yet unguided by any cabinet and undisciplined by any party ries, tobe expected to meet with wise forethought ail the exigencies of foreig n affairs ? l'Chat was really wanted, if 2-8 TRE COWSTITUTIO1VAL OPPOSITIOW. CH. LXXXIV, there was not to be a political revolution, was that the King should not only exercise his discretion, but should really be discreet, should only use extraordinary powers in extraordinary circumstances, and should withhold his confidence from the nation no further than it might be in the interest of the nation that secrecy shculd be maintained for a time. Unfortunately, such a consummation was beyond the power of any judicial decision to effect. Something of this difficulty seems to have been felt by Baron Weston, who delivered judgment first. He believed Judgment of that the King had decided rightly in fitting out the Weston; fleet. If, indeed, it had been done by Parliament, it had been done by the happiest means. But he could not lay down the law that it lnUSt always be done by Parliament. If the enemy had corne ' before the Parliament had met, or before they had granted any aid, should the safety of the kingdom depend upon such contir, gencies ?' This reluctance to acknowledge the existence of a genera! prohibitory law was the strongest ground on which the King's supporters could rely. It was not likely that all of of Crawley and Ber- Weston's brethren would be content to give so half- keley; hearted a support to the Crown. Crawley, who followed, declared that it was a royal prerogative 'to impose taxes without common consent of Parliament.' Berkeley went further still. He fixed upon Holborne's argument that, by the fundamental policy of the reahn, sovereigns -ho wished to exact money at their pleasure ought tobe restrained by Parliament. "The law," he said, "knows no such king-yoking policy. The law is of itself an old and trusty servant of the King's ; it is his instrument and means which he useth to govern his peeple by. I never read nor heard that Zex was ex, but itis common and most true that Ne.,c is Zex, for he is Zex loquens, a living, a speaking, an acting law." Vernon and Trevor followed on the same side. It was not till rive of the judges had declared for the King that Of Vernort, a'r«vo, d one was found to take part with the defendant. Sir co. George Croke is said to have hesitated what he should say, but to have been encouraged by his wife to speak i I638 TttE SttlP-.llOA:E Y 'UDG«llEA'T. 279 mind without fear of consequences. The tale has no sufficient evidence to support it, and he was hardly the man to need such an exhortation, llowever this may have been, he spoke distinctly and ernphatically. It was utterly contrary to law, he said, to set any charge whatever upon the subject except in Parliarnent. Even under this condition the King could hot possibly find any difficulty in providing for the defence of the realm. I-Ie had power to press into his service every single man and every single ship in England. ' The imagination of man,' he said, ' could hot invent a danger, but course might be taken till Parliarnet be had.' No example of such a writ as that before the Court could be produced from the whole course of English history. Of the remaining judges, Hutton followed decisively in Croke's steps. Denham who was iii, gave a brief judgment in se.e. Hampden's favour, and Brmnston and Davenport iudges for placed themselves, for technical reasons, on the saine aeCown, side. Jones and Finch pronounced for the King. Charles could count as his own but seven voices out of twelve, giving him the smallest of all possible majorities. Of all the arguments delivered on the side of the Crown none created so profound an impression as that of Finch. It had at least the rnerit of plain speaking, and the Finch's con- stitutional spontaneity of its tone is such as to raise a suspicion "«'" that the Chief Justice of the Comnmn Pleas, over- bearing and brutal as he could be upon occasion, was not the mere time-server that he is generally reckoned. Finch held, as all reasonable politicians now hold, that in every State some man or body of men must exist above all hurnan control, and that though this supreme authority may be wisely subjected to checks and hindrances, it rnust be able in case of suprerne v_eces- sity to brush aside those checks and hindrances without appeal. This power, which is now attributed to the constituencies, was by Finch attributed to the King. The law, he said, having given to the King the duty of defending the country, had of necessity given him the right of laying the charge which would enable him to fulfil the duty imposed upon him. "Acts of Parliament," he boldly added, "te take away his Royal power in -.8o THE COW.S'TITU7ION.4L OPPOSITIOW. cH. LXXXlV. the defence of his kingdom are void .... They are void Acts of Parliament to bind the King hot to command the subjects, their persons and goods, and I say their money too, for no Acts of Parliament make any difference."l This was at least plain speaking. After this, what was the use of going back to those ancient laws which were fondly re- Etrea or garded as the bulwarks of English liberty? Precedent Vi,«h's and statute had been quoted in vain. There was, it ,,.«ds. seemed, a transcendent authority in the King which neither law nor Parliament could fetter. No wonder men took alarm at so portentous a doctrine, and that those who claimed sovereignty for the law and those who claimed sovereignty for Parliaments were equally roused to indignation. "Undoubt- edly," wrote Clarendon long afterwards, "my Lord Finch's speech ruade ship-money much more abhorred and formidable than all the commandments by the Council table and all the distresses taken by the sheriffs of England. '' It did more than that. It taught men to know, beyond all possibility of mistake, that the reign of Parliament and the reign of law were indissolubly connected, and that the fond idea of an unparlia- mentary govermnent acting under legal restraint must be cast aside for ever. The speeches of the popular lawyers, and the judgments of the popular judges, were circulated from hand to hand. A settled conviction took possession of Englishmen that, if the majority of the judges was against them, the weight of argu- ment was on theil, side. Never had the authority of Charles sunk so low as after the victory which he counted himself to have won. Charles acted as if doubt was no longel, possible. The voice of the judges, when it spoke in his own favour, was to him as the voice of the law itself. Sharp orders were Arrears of hip-money at once issued for the immediate collection of the ¢ollected. arrears. Sheriffs were to bring in the money on pain of a summons before the Council. Constables refusing fo assess, magistrates of towns refusing to collect, and mon of standing  State Trials, iii. 825.  Clarendon, i. 7t. '538 p.z/I'JIE.T .E, VFORtïD. "2_ 8I refusing to pay were to be treated in the same manner. This pressure was hOt exerted entirely in vain. Even the sturd), Richard Chambers, who had refused to pay ship-money as he had refused to pay tonnage and poundage before, was liberated from prison upon payment of the iol. charged upon hiln, though he consoled himself by bringing an action against the Lord Mayor, who had assessed it, upon the ground of some technical inforlnality.  At the end of July, 78,ooo/. was still in arrear. Though by the end of October, 3o, oool. of this sure had been paid in, the arrears still unpaid were twice as large as those re- maining at the end of October i637 .l If these, however, could be recovered there was no reason to despair of the exchequer. Never since the accession of the Stuart dynasty had the finances been in so flourishing a condition as in the spring of i638. The great customs, which had for some years been farmed for i5o, oool" were let afresh for I65,oool. 3 The new burdens laid since Portland's death were beginning to tell, and with ordinary prudence the King would be certain to secure himself against a deficit, unless, indeed, he contrived to entangle himself in war. The great case of ship-money was peculiarly adapted to bring into a focus all the political dissatisfaction which existed in England. The incidence of the tax was felt by al! Other griev- a.,ces besides but the very poorest, and the question at issue, with ship-money, its wide and far-reaching consequences, was capable of being summed up in a few terse words which would fix themselves in the dullest understanding. As was, however, to be expected, the grievance of ship-money did not stand alone. Complaints were heard of other mischiefs inflicted for the most part on special classes or special localities, each of them sepa- rately of less importance than that caused by the ship-money, but which, taken together, were sufficient to excite a consider- able anaount of irritation. 1 Rossingham's News-Letter, June 16, 164o, S. 2 °. Dm. cccclvii. 36. " Council Register, June 3 o, July x 5. Russell's account, Oct. 637, July 28, Oct. 27, x638, S. 20./9om. ccclxx. 57, cccxlv. 93, 95, cccc. 4, 5. 3 lndenture, Match 17» 638, 20atent Rdls, 13 Charles I., Part 4h .No. I. • 82 TttE ('ONSTITUTIOArMI. OPPOSITION. CH. LXXXIV. Of these the foremost was the complaint of the action of the Forest Courts, the umvonted activity of which had been in The Vore»t operation ever since 1634. In the course of three years Courts. Holland, as Chief Justice in Eyre, had held his justice- seat in the Forest of Dean, in Waltham Forest, and in the ,637 New Forest. ! In I637 the turn of the Forest of Septebr. Rockingham arrived. The fines set by Holland Court in Ro«kingh.m were enormous. The Earl of Salisbury was called on Forest. to pay 20,000/., the Earl of Westmoreland I9,oooL, Sir Christopher Hatton I2,ooo/. The bounds of the forest had been reckoned as measuring six toiles in circumference. They were now to measure sixty.  As usually happened, the fines actually levied were far less than those originally set. Nov. 4- Theforest In November commissioners were named to COin- commission, pound with all persons guilty of offences against tbrest law. 3 After the conamission had been in action two years and a hall, only 23,ooo/. had been brought by it into the exchequer froln all the forests in England.  The suln paid was indeed small enough when compared with that originally demanded, but it was large enough to cause considerable dis- content in the lninds of those who believed themselves to be buying off, on COlnpulsion, a purely imaginary claire. No public object was aimed at by Charles in these exactions. In the institution of new corporations with exclusive rights of Corrrt manufacture, or of sale, he, or those who acted in monopolies, his naine, were doubtless guided to a large extent by considerations of public benefit. The Monopoly Act of 624 had been the result partly of the jealousy aroused anaongst traders, who saw the profits of trade going into the hands of courtiers, and partly of the pressure felt in consequence of the violation of economic laws by those who could give no accourir of the true cause of the mischie£ Not only had that Act left untouched the general power of the Crown to institute corpora- tions with the right of monepoly, but it had hot been accom-  Sec vol. vii. 36, 365 ; viii. 77, 86.  Garrard to Wentworth, Oct. 9, Strafford Lett«rs, il. 114. s Commission, Nov. 4, t'atcnt ldolls, 3 Charles I., Part I4, Dors. 6. • Brewates of the receipt. x637 TRA DIA'G CORPOI?A TIO A'S. "-83 panied, as the Free-Trade measures of our own time were accompanied, by any intellectual enlargelnent of the traditional sphere of thought upon the subject. The Privy Council of Charles, therefore, not only believed itself to be empowered by law to establish new corporaticns with the sole right of trade, but shared the feelings of a generation which regulated trade in every possible way. Justices of the peace had long counted it to be a part of their business to settle the rate of wages and to keep down the price of food. Inhabitants of towns petitioning for the erection of a municipal corporation were in the habit of ascribing ail the vice and misery of over- populated districts to the 'want of governance' which allowed cach man to corne and go, to manufacture or not to manufac- ture, as he pleased. It is impossible for any candid person to read the numerous entries on the subject of trade which crowd the Register of the Privy Council without COlning to the con- clusion that they were the work of men desirous, perhaps, here and there to obtain a little frzgmentary relief for the impoverished exchequer, but who were also desirous to bave honest work done at low prices, and who conspicuously failed in the attempt. In 1636, for instance, a Corporation of Brickmakers was established for the benefit of the builders of London. These men were to make good bricks at the rate of six shillings the thousand. At the end of three years it was disco- 1636. a'he bria,- vered that they lnade very bad bricks indeed, and ,ake. that, though they sold them at the stipulated price, they kept the carriage of them in their own hands and charged exorbitantly for it.  Still more difficult was the task of bringing the London coal supply to an ideal standard, q'he owners of the coal ships Thecoal were formed into a corporation, and bound them- shippers, selves to pay one shilling to the King on every chaldron imported from Newcastle. They also bound them- selves never to chmge more than seventeen shi]]ings the  Several petitions state this in the ]'eNtion ]ooks at Crowcombe Curt. 2 tat¢nt ]'olA, I 3 Charles I., Part 7, h'o. 5. Cou«dlRegisle; Apri124t 639. --.84 THE CONSTITUTIOnneL OPPOSITIO. . CH. LXXX chaidron in summer and nineteen shillings in winter. Yet, strict as were the rules laid down, the coal-shippers gave end- less trouble to the Government. Again and again there was a scarcity in the London market, and prices rose in defiance of the Privy Council. Sometimes blame wasattributed to a com- bination amongst the shiçpeÆs to delay theiÆ vessels on the way from the North, in order to create an unusual demand, under the pressure of which they might run up prices in defiance of theiÆ agreement ; sometimes to imçÆopeÆ regulations imposed in the I.ondon market ; sometimes to the greed of the retailers. Yet, in spite of the reasoning and the activity of the Council, it was only at rare inteçvals thŒEt coals were not above the regula- lation price in London. l The Corporation of Soapmakers, which had caused such excitenaent in x635,  underwent a complete change in 1637. With Juxon as Treasurer, Laud at last had his way. x637. The soap- The company formed of Portland's friends disap- m-ke», peared. The old independent soapmakers were erected into a corporation, buying out their predecessors with î3,oooL, and agreeing to pay to the King 81. on every ton of soap manufactured by them. The very men who had raised the outcry against the search for illicit soap now made exactly the sanae use of their monopoly as that of which they had themselves complained. They constantly applied to the Council to assist them in the suppression of unauthorised manufactures, and the Council seldom failed to comply with their request, a The original object of the incorporation of the Soap Com- pany had been the encouragement of domestic industry. With ,63». the saine object a cornpany was formed at Shields foï Saltwo»ks. the production of salt. AI1 port towns from Berwick to Southampton were ordered to provide themselves with this salt alone, in place of that which came from the shores of the t The State t'a2bers and the Council A'egqster are full of this business.  See p. 71.  Agreement, July 3, 637, t"atent Rolls, 3 Charles I., Part 39, No. o. There are also frequent entries relating to the suhject in the Coun,il R,'ffister. !635 TRZtDIWG CORPORA TIOWS. "_b 5 Bay of Biscay, and which was at thal time regarded as the best salt in the world. The company was to pay to the King ten shillings on every wey sold for home consumption, and three shillings and fourpence on every wey of that çoarser sort which was used by fishermen.  Complaints were soon ,636. heard. The owners of the Yarmouth fishing-boats declared that they could not obtain salt in sufficient quantity, and that what they did receive was not so good as the old bay salt had been3 The King had a plan of his own to meet the àifficulty. A certain Nicholas Murford had invented a new method of making sait, and had obtained leave to establish lais works in the neighbourhood of Yarmouth, with special per- mission to sell his salt in spite of the monopoly of the Shields manufacturers. An influential company was formed to carry out Murford's project. The King interested himself 163y. so deeply in the affair that he granted lands to the aew COlnpany. As, however, these lands turned out to be the property of others, he was COlnpelled to retract his gift.  The King's claim to levy impositions on soap and salt may have received a sort of justification as a mere demand for an equivalent for the loss of his customs caused by the prohibition of ilnportation. Other interferences with domestic trade re- posed simply on the ground that it was the King's business to sec that his subjects were provided with articles of good quality, though even in these cases he did not disdain to Starch- make a profit for himself. The Company of Starch- ,n,,kes. makers was to take tare that good wheaten flour was hot wasted in their unprofitable manufacture. In order that *lt»t»nà grain might not be misused in brewing beer unneces- «w«. sarily strong, ail persons except a certain nulnber of licensed maltsters and brewers were prohibited from making  Indenture, Nov. 4, t635, Patent Rolls t Charles I., Part 26, No. 4. * Bailiffs of Great Yarmouth to the Council, Nov. JDot. cccxxxv, 51. s Grant to Murford and Hanworth, May Charles I., Part 7, No. 6. The King to Wentworth and others, Jan. Wentworth's petition, Feb. , I637. Murford to Sherwood, 637 .ç. t . Z)om. cccxliv. 35, cccxlvii. 8o, ccclxxvii. 84. -86 THE CONSTITUTIONAL OPPOSITION. cH. LXXXI$/'o malt and brewing beer. This last prohibition caused such an outcry that even Charles gave way before it and threw open the trade once lnore.  For these encroachments some reason, however unsatisfac- tory, could, in every case, be alleged. For Charles's interfer- ence with the wine trade no reason whatever could T he vint- ,,ers. be produced. As early as in x63z a demand z63. was ruade upon the Vintners in London for a pre- mium of 4L per tun. Upon their refusal, it was discovered that they were in the habit of dressing ment for  633- sale to their customers, a mode of obtaining money which was not authorised by their charter. A de- x635. cree of the Star Chamber imt a stop to the practice. At the Council-board the Vintners were urged to be wise in rime. "It is folly in travellers," said Dorset, " to deny their purses to robbers upon the way, and to draw harm upon themseives thereby, when they have no sufficient force either to defend their pnrses or their own persons." A proposal was then ruade that if the Vintners would lend the King 6,oooL, the prohibition should be rel:txed for some months, and that theyshould then be secured from further molestation. They paid the money, but the promised security was hot forthcoming. They complained to the Council, but met with no redress. " Wiil you hOt be satisfied," said Arundel, « with the word of a king ?" Upon this they imagined that they would be allowed to dress ment, as they had hitherto donc. They were at once cailed in question. The Attorney-General offered to overlook the offence for the future if they would pay the King a penny on every quart of wine sold. On their refusal they were again • 63r. prosecuted in the Star Chamber for dressing ment. When the cause was ready for sentence, Alderman Abell, the Master of the Vintners' Company, came to a bargain with the King through the interposition of the Mar- 638. quis of Hamilton. To Hamilton had been granted the fines which were recoverable in the Star Chamber from  Proclamation, july9, 637, June 8, t638 ; A'ymer, xx. 157 , 234. Appointment of Brewer for Essex, Feb. 28, t638, -Patent alls,  Charles I., Part tS» No. 6. 1038 TtfE VINT]VERS' C03IPA¢V 1: 287 the offenders in the matter of dressing meat. He now explained to the Vintners that he had no wish to ruin so many honest men, and that it would be far better for them to comply with the King's wish. His arguments were wamfiy supported by Abell, and by Kilvert, the wretch who had been the main agent in the ruin of Williams, and who was now currying favour at Court by providing for the increase of the revenue at the expense first of the Vintners and ultimately of the consumers of wine. Before this pressure the unfortunate Company gave way. They agreed to all that was asked. They were to be permitted to dress meat and sell beer, and to charge an addi- tional penny on every quart of wine sold. In return they were to grant to the King a payment of 2oL on every tun, or, as was subsequently settled, a rent of 3o, oooL a year.  Ail the vint- ners in England were compelled by the Council to conform to the arrangements ruade with the London Company. Hamilton obtained 4,000/. a year from the rent, and 1,5ooL a year more was assigned to two members of his falnily. No doubt Kilvert had his profit too3 Thus the great body of consumers of wine suflered in order that the King and the courtiers might increase their profits. It is not always by the most hurtful actions that x63 ». The growth the greatest discredit is gained. In our eyes nothing «Lo,don. could be so injurious as any attempt to limit the size of London by prohibiting the erection of new houses. ' Rushworlh, iii. 277. Council ReA*isler, March 2, I635. Garrard to Wentworth, Jan. 8, 1636. Slrafford Letlers, i 5o7. Indenture, Sept. 7, 1638 , t'ale,l Rolls, 14 Charles I., Part 18, No. . This is no doubt the indenture assigned by Rushworth to 1634. See also The kïnlne-s' Answer lo some Scaudalous lam;bhlets, 1642. (E. 140. ) "Those of the better sort which did give their counsel," says the writer of this pamphlet (p. "did it not with any true liking to the project, but merely to avoid ruin in the Star Chamber. For the shipwreck of the soap-boilers and others was then fresh in view ; and that Court had then gotten them the saine repute as a Timariot's horse has in Turkey, where they say no grass ever grows after the impression of his fatal hoof." The early fonn of this saying, which is still current, with a slight change, is curious. - Kilvert's remon-trance, t[arl. 3rss. 1,219, fol. 3- Gants to Hamil- ton and others, Patent R, lls, 4 Charles I., Part 9, Nos. 25, 3I,  THE COA'STITUTIOVZ OPPO+'ITIOA'. CH. LKXXI x,;. England was growing in prosperity and weaith, and the effe«ts of pro»perlty were felt in the increase of the population oi tte capital. In the early part of the reign houses began to sprmg up for the accommodation of the new comers, and a new and fashionahle quarter arose in the neighbourhood of Drury Lane. To provide the requirements necessary for the inaintenance of health wouid have taken some trouble and some thought. It was casier to say that no bouses should be built than to regulate the mode in which they were to be erected. At first, indeed, the anxiety to restrain the increase of buildings gave way before the desire to fill the exchequer, and fines were readily accepted in the place of the delnolition of bouses. When at last a serious effort was ruade to check the supposed evil, the initiative did not proceed from the King. A petition from the Oct. 9- T« Lo,on Lord Mayor and Aldermen drew the attention of the petition. Council to the growing mischie£ They alleged that swarms of beggars were attracted by the new bouses. Prices had risen in consequence of the increasing delnand for the necessaries of life. Many of the houses were built over water- pipes, and cut off the supply .of water. The danger of in- fection was increased. Soil was carried down to the river, which threatened to ilnpede navigation.l Doubtless something more than pure enthusiasm for the public good was at work in the lninds of the petitioners. The population within the City looked on the population outside the City as its rival in trade. After a year's eonsideration the Council responded to the City petition. One valuable suggestion they ruade, but it was ,6» ruade only to be dropped. They advised that the Oct. 3- ,,,- or streets and alleys which had grown up to the north t,Co,«il, of tbe S:rand should be brought under municipal government by being divided between the cities of London and Westminster. For the rest, they slmply adopted the recommendations of the City. In order to ascertain the extent  C,,un,il egiser, Oct. 29, 632. How strongly the Corporation felt on this subject is shown by the presentation of a petttion to the House of Common on June I4, I642. praying that a Bill might be passed against new buildings. Co?tl;lic, n Çoungil Tournal oo' xi. 33" 1633 ._ç.,4 .'f l T.t l ¢  " I_) E F Iz" C T..ç. 289 of their legal powers a test case was brought into the Star Chamber, when Attorney-General Noy argued that though there was no statute to authorise the demolition of the new buildings, they might be proceeded against as nuisances under the common law. Coventry and the two Chief Justices accepted this doctrine, and orders were given to commence the demolitions.l As long as Charles retained authority permission to build was seldom granted, though in a few exceptional cases the prohibition was relaxed on I)ayment of a fine. The natural result was the overcrowding of existing houses. To provide a remedy householders were ordered to forbear • 6» from taking lodgers. It was hot easy to enforce the (_)v«r«ro,,-«- order. A return made in 637, when the ra'«ages of ing to be reedi y the plague had frightened the authorities, who were prohibiting lodgers, ignorantly doing their best to promote the dissemi- nation of disease, shows how little their edicts were observeŒEE In one house were found eleven married couples and fifteen single persons. In another the householder had taken in eighteen lodgers. Een the Company of Freemasons had cut up their common hall into tenements.  The wisest were as far wrong as the most ignorant. In a report on the August. lgeportofthe causes of the plague ruade by the College of Physi- physicians, cians, the chier blame is thrown not on restriction, but on the increase of building, ' by which multitudes of peoplc are drawn hither to inhabit, by which means both the air is much offended and provision is ruade more scarce.' It is truc that this statement is followed by a list of nuisances to be abated. The scwers and ditches were not properly cleansed. Ponds which should have been filled up were left to collect refuse. The streets were hot swept as they should be. Lay stalls were allowed to remain close to the habitations of man. Those who died of the plague were buried within the City, and ome of the graveyards were so full that partially decomposed bodies were taken up to make rc,m for fresh interments. Corn, meat, and fish unfit for consumption were sold to the poor. The physicians recommended the erection of a Health Office  Ço«ndlegister, Oct. 3, 033. d«/. [SS. ,764, fol. 2. - Returns, May 637, S./-'. l)om. ccclix. VOL. VIII. L 1 290 TIlE CONSTITUTIONAL OPPOSITION. cH. LXXXlV. tO pxovi.de a remedy, a recommendation -hich .,,.o one attempted to carry nto effect.  For good or for evil it was dangerou.," to interfere with the great Çity commonwealth. The settlement of the affairs of ,638. Londonderryfl though more favourable to the City TheL,,,don-than had been at one time expected, was long derry forfeit- ur« cherished as a deadly grievance. The Irish lands, settled at the cost of so much labour and capital, were for- feited to the Crown. The greater part of the fine imposed was indeed remitted, but 12,ooo/. was exacted for the use of the Queen, s who happened to be in want of that sure. Another subject of irritation was an arrangement for increasing the The Cit' tithes due to the City clergy. On the face of the clergy, matter, Laud, vho pushed it on in the Council, had justice on his side. The tithes by which the clergy were sup- ported had sunk to a mere pittance through under-valuation of the property on which they were charged, and Laud insisted on a more accurate valuation. The citizens regarded his demand from a very different point of view. If they were illiberal in the payment of tithes, they had been very liberal in irregu]ar pay- ments to preachers and lecturers. They liked, however, to select the recipients of their bounty--as Laud would have put .it, to bring the clergy into subservience to themselves, or, as they would have put it, to take care that their ministers were not infected by the new ceremonialism. Collisions between the Council and the City were of constant occurrence. In i636 the failure of the proposal to extend the municipal governments of London and 6:36. Th nw Westminster over the districts covered with recent corporation, buildings was followed by the establishment of a new corporation for those districts, which, by enforcing the usual trade regulations, should prohibit the intrusion of persons who had not served their regular apprenticeship. The citizens of London regarded the new arrangement with a jealous eye, and  The College of Physicians to the Council, Aug (?) 1637 , S..P..Dont. ¢cclxvi. 78. z See page 6o. a There is a Privy Seal :o this effeet. a636 HACI,:NE Y COACHES. 9 a proposal that apprentices who had served their time under the new corporation should be admitted to trade in the City found no favour in their sight.  The spirit of monopoly was everywhere vigorousl In i634, when an enterprising staole- ,6s4. keeper for the first rime sent hackney coaches to Hackn«y stand for hire in the streets, many persons held up «ach. their hands in horror at the innovation. It was seriously proposed that no coach should be hired for less than a three toiles' journey, and that unmarried gentlemen should be forbidden to ride in them except when accompanied by their parent  The London watermen ruade objections of a different kind. They were quite redy to sec any number of coaches driving northwards towards Islington and Hoxton, but they held it to be intolerable presumption in them to COlnpete with the ,,vherries on the river by driving from the City to West- minster. For a time these objections prevailed. In x636" 636 a proclamation was issued forbidding the .hiring of hackney coaches for a shorter journey than one of three toiles. Too extensive a use of coaches, it was said, would block up the streets, break up the payements, and raise the price of hay.  It was not long before it was discovered that the coaches which had been so severely condemned were not • ,vithout their use. Like the vintners, the coachmen ,637. applied to Hamilton to license fifty hackney coach- men for London and Westminster, and as many as he thought right for other places in England. Hamilton did not grant these licenscs for nothing,  but he provided London with vehicles which were to be hired by ail who wished to employ them. Another salutary innovation was the establishment of a * Charter, June , ,636, Patent Rolls, Iz Charles I., Part o, No. 7- Proclamation, Nov. z, 637, Rymer, xx. 73- Council zVegister, May 6, ,638. " Paper of suggestions, May 5, 634, S. t 9. Z)om. cclxvii. 36.  Watermen's Petition, June 1634 , s. 19. Z)om. cclxix. 5z ; Proclama, tion, June 9, 1636. J¢ymer, xix. 7Zl. * & bundle of these lieenses is presered arnongst tbe Veme, Papets at Claydon. 9z TtlE COA;STITUTIOA'AL OPPO..çlTIOI: cH. LXXX1V. post office for the transmission of letters. Hitherto, anyone who wished to conamunicate with his friends, and "z635. The«t«r- who was hot sufficiently wealthy to send hi letters po»t. by a private messenger, was obliged to entrust them to a carrier, who conveyed them over the miry roads at the rate of sixteen or eighteen mlles a day. Under this system, the few persons who had communications with Scotland or Ireland were well content if they received an answer within two months. In 1635 the Government adopted a proposal for establishing a regular post on the principal roads. Six days were allowed for going to Edinburgh and back. The other main routes were from London to Plymouth, and from London to Holyhead, cross posts being established to serve the principal towns lying off the road. The charge for a single letter was twopence for a distartce of eighty mlles.  By an arrangement vith " z637. the King of France and the Cardinal Infant, the system was extended beyond the Çhannel, and merchants were able to send a single letter to Antwerp for eightpence, and to Paris for ninepence.  Like all the Stuart kings, Carles took an interest in those improvements which were likely to increase the material pros- ,6. perity of the country. In his father's reign there had ]-ralnage or been many projects for reclaimig inundated lands, Httfield cn, but it was not till after his own accession that anv- thing serious was attempted. In 66 a commencement was ruade with Hatfield Case, where 70,000 acres were flooded by the rivers which converge to form the Humber. A Dutchman, Cornelius Vermuyden, skilled in the art of raising embankments and cutting canais, was brought over from Holland. Dutch capitalists werc induced to provide money for the venture, and the strong arms of Dutch labourers, hot without some admixture of Flemish refugees and French Huguenots, were ready to wield the pickaxe and the spade. The operation was certain to be unpopular anaongst the sur-  Proposition, June, S./. /3oto. ccxci. 114; Proclamation, July 3i. .635..'ynter, xix. 649. : Co,amission, Aprii 5, 1637, tatent Roi/s, 3 Charles I., Part 41 I3or. No. 3" 628 HA TFIELD CtIASE. rounding peasantry. VoicC were raised in complaint that ,628. water was being forced over fields which had once Foreign been dry ; and the grievances of landowners were workmen employed, echoed by the grievances of large numbers without avowed occupation, who had gathered round the waste grounds, and who ruade a livelihood by catching fish and snaring ducks, as well as by various other contrivances, for the cessation o! which the undertakers of the works would hardly be able to find an exact pectlniary compensation. Jealousy of tbreigners fanned the flame of hatred. The embankments were broken through and the workmen were attacked. The foreigners took up arms' in self-defence, and an Englishman was killed in the Quarrels ut,.the struggle. The sheriff of the county res.-ored order, foreiners and the and Vermuyden, ruade wise by experience, offerecl natives. to employ native labourers at high wages, and to compensate those whom he had unintentionally damaged. In i62 9 Vermuyden was knighted, and received a grant =629. of the lands which he had recovered on payment o  yearly rent, and a fine of I6,Ooo/.  The old difficulties were not yet at an end. The Govern- ment fouud it a hard task to keep the peace. The enthusiastic The Govem- and quick-tempered Dutch engineer was apt to regard ment at- the English peasants in the light of ignorant and tempts to n,«cl,ate, selfish obstructives. The peasants looked upon everv accidental injury as a premeditated wrong. At last the whole dispute was committed to the mediation of Wentworth and Hutton, the best men for the purpose to be round in England[ After full inquiry, they drew up an award, which was sub- sequently confirmed by the Court of Exchequer, by which the rights of the tenants and the commoners were fully protected. Vermuyden; in dudgeon, parted with his interest. The im- migrants whom he had employed, about two hundred families of foreign origin, remained on the soil which they had rescued. Grass grew, and corn waved, where a few years before Hemy,  Huntcr, Ifist. ofthe D«anery ofDoncaster, i. I6o. Ansbie to Buck- ingham, Aug. t. Vernatti to St. Giles, Oct. 16z8, .5". P. Dom. cxiii. 38 ; cxix. 73- 94 7HE C02V.STITUTIO54L OPPOSITION. cH. LXXXW. Prince of Wales, had captured a whole herd of deer swimming in the waters. The neighbours still remonstrated that they were occasionally deluged by artificial floods ; but when once the drainage was fully completed the inundations ceased.  From another kind of hardship the foreigners round no escape. They had been permitted to erect a chapel in which they x636. might worship God in their native tongues, and Theforeign- they interpreted that permission as conveying a »ch«Oto licence to use the forms of their native land. Arch- conformto bishop Neile was horrified to find that these Dutch- the English Church. men and Frenchmen had established a Presbytetian congregation on English soil, that they baptized infants without a font, and received the Communion without kneeling at the rail. Neile at once intervened. The strangerswere COlnpelled to dismiss their minister, to pull down their chapel, and to attend the parish churches of the neighbourhood. 2 The draining of Hatfield Chase was not the only work of the kind accolnplished in England during these years. Many thousands of acres were reclaimed in Lincolnshire. t69o Wh«G«t Of all the fens the largest was that known as the L««. Great Level, which spread round the Isle of ElyOver lnore than 3oo, ooo acres, covered by the overflow of the Ouse, the Nen, and the Wellanck What was in winter avast expanse of water was in summer a drearv sw,qmp. On the damp islets an ague-stricken population gathered a coarse ha)-, and cut the willows which supplied the basket-makers of England. Wild ducks and wild geese were to be captured by hundt'eds, and pike and other ffesh water fish were to be had in plenty. Men who passed hall their lives in beats, and who, when they left their boats, strapped on the long stilts which enabled them to stride from one piece of dry ground to another, were terrified when they heard of a coming change. Their scared feelings vere well expressed by words placed in their mouths by a rhymester of the day. I /-///?//g?- i. 6. * Neile to Laud, June z3, Sept. 8, I636 ; Neile's report, S. /. Dom. ¢ccxxvii. 47, cccxxd. 7, ccexlv. 85, i. 5. t629 DRAINAGE OF TttE FENS. -"95 Behold the great design, which they do now determine, Will make out bodies pine, a prey to crows and vermin ; For they do mean ail fen to drain and waters overmaster, Ail will be dry, and we must die» 'cause Essex canes want pasture. The first serious attempt to deal with the Great Level was ruade in 629 by the Commissioners of Sewers, a body com- Contraet posed of the neighbouring gentry acting under the ,vith ve,- authority of the Crown. They entered into a contract ,«rde. with Vermuyden to drain the level. The proposal to introduce foreigners was, however, as unpalatable in Lincoln- shire and Cambridgeshire as it had been in Yorkshire, and the Commissioners were forced by the public opinion of the district to rescind the contract. They then urged the Earl ,63« of Bedford to place himself at the head of the work. On his consent, it was arranged that 95,ooo actes of the drained land should be allotted to him. Of this share, however, he t63L WaS to set apart 2,ooo for the King, and the profits The Earl of of 40,000 were to serve as a security for keeoing up Bedford's undertaking, the works afier their completion. The amount of land which he was actually to enjoy would therefore be reduced - to 43,ooo actes. He divided the undertaking_ into x634. tventy shares, and in 634 the shareholders were 637. incorporated by Royal Charter. The work pro- The comple- ceeded rapidly, and in October, 637 the Commis- tion ,,f the ,,ok- sioners of Sewers decided that it had been com- ocd. pleted, and adjudged the stipulated reward to the Earl and his associates.  The associates, however, were not satisfied. They corn- çlained that Bedford had pursued his own interests at their expense, and threatened him with a prosecution The work i,mcintly in the Star Chamber unless he treated them more o« fairly, a V«rmuyden too, who had been employed by Bedford, was equally discontented. Bedford, it was alleged, had claimed his reward before he had fully carried out his ¢ontract. In smmner the reclaimed land was tolerably dr)-.  Dugdale's Hist»y ofEmbatking, 391. z Cole, çol'ctio ofLaws, xxii. s Complaints ol thc sharcholde, Oct. 1637 , tlarl. 31SS. 5Ol 1, fol. -"96 THE COW.STITUTIOA'.,4L OPPOSITIO'C cH. LXXXV, In winter, the streams swelled as before, and the waters poured over the level plain. Bedford, it would seem, had done ali that vas in his power to do. He had spent oc,oooL on the under- taking. Yet, unless more was done, his labours would have been almost in vain. On April  2, 638 , a new body of Commissioners, appointed ,638. for the purpose, opened a session at Huntingdon. • vril. Whilst they were still sitting, they received from the Tbe King ofrer t,-go King a letter in whtch, with his accustomed indiscre. on with the ,,.«k. tion, he announced that he had formed a decided opinion that the works were incomplete, and then added that he was prepored to take them into his own hands.  The Com- .«¢fion of missioners took a personal survey of the works, and t,« Com,,i»- obtained verdicts from seven different juries. Upon .qoner of ewers.- this evidence they declared the drainage to be un- finished, a Whether they were acting under pressure or not, they were, necessarily, after the reception of the King's letter, liable to the imputation of doing so. At their next Y" meeting at Wisbech in May, they imposed a taxation varying from xos. to 4os. an acre, to support the expense of carrying out the original plan. The money was to be paid at their next meeting at Hunting- don in July. * Before the appointed day arrived, other voices Riotsin the ruade themselves heard. Imperfect as it was, Bed- f,n». ford's work had created sore discontent amongst many of the inhabitants of the district.  Landowners complained that  This is distmctly stated by /ermuyden, .4 Z)iscourse touching lhe Draining, &e. Compare Dugdale, 411, and the Act of I649, which shows lhat the drained land as even then under water in winter. The accounts usually given, as for instance in Cole's Collection of Z.aws--ignore this ground of the King's interference. XVells reprints Cole's objurgations, though he interlaces them with remarks of his own, conceived in a different sp rit, giving, however, no intimation which are Cole's sentences and which are his own. • ",Ve have only the abstract of this letter in Cole xxviii. He misdates it as written in 1639.  Inrolments of the laws ofsewers, Part 1, R. O. • Dugdale, 41.  A pamphlet, the /lttli-2rofec/or, written after 1649 , asserts that 638 THE 27EDFORD LE I,'EL. 297 they were worse off than they had been before his intervention. The whole tribe of fishermen and willow-cutters proclaimed themselves grievously wronged. Their commons, as they called the swamp, had been taken from them, and at the best they would have to betake themselves to an uncongenial life of hard agricultural labour. From the moment that the »t-,y. Commissioners declared against the Earl, a vague hope spread that the King might be on their side. In May Bedford's workmen were interrupted by a disorderly June 4- mob.t On June 4 the magistrates of the Isle of Ely were informed that there had been an assemblage of forty or fifty men, at which it had been resolved to collect at least six hundred on the following day, on the pretext of a football match, to destroy the drainage works. Two of the ringleaders were arrested. The next day was rainy, and only June 5- two hundred persons appeared to begin the work of destruction. There wcre more arrest», and the mob was dis- persed. One of the prisoners gave expression to the thought which was doubtless present to the minds-of all. He would hot leave his commons, he said, till he saw the King's hand and seal. He would obey God and the King, and no one else, for they all were but subjects. "What," he asked, "if one might be inspired to do thc poor good, and help them to their commons again ?" 2 Bedford's grant was illegal; and that, whereas by the Act of 43 EIlZ. cap. I I, a lord of the manor was bound to obtain the consent of the majorlty of owners and commoners before commencing drainage works, he had falsely stated that this had been obtained. t Windebank to Pcachy, May t6, .S./'. D0m. cccxc. 89. "' Justices of the Peace to the Council, June 9, 5: o./)o't. cccxcii. 45- It is difficutt to say what Cromwell had to do with the matter. Sir Philip Varwick's statelnent that he threw himself into opposition to the King has ied everyone astrav. Probably Warwick, when he wrote his Memoirs, could hot conceive Cromwell as acting except in opposition to the King. Mr. Forster in his Li_/ë of Cro»twell has a highly imaginative, narrative of Cromwell's proceedings which has no support in any klxown evidence. If Cromwell had reaIly bearded the Court, his naine would have appeared on the Council Register as a prisoner. Mr. Sanford (Studics of the Grt:aI 1ebellion, 252 ) is far more moderate ; but even he suggcsts that Cromwcll z98 THE CONSTITUTIOA.'.tL OPPOSITIO': c. LXXX. When the Commissioners met on July 18, it was to declare their determination to cnforce the taxation which they had july xs. ordered, and to announce that the inhabitants were Decision of tO continue in possession of their lands and common: the Commis- sioners, till the drainage was completed. Nor were Bedford and his partners to bave any reasonable cause for dissatisfac- tion. By the original arrangement, after providing 12,ooo acres for the King and 4o,ooo to form a provision for the maintenance of the works, they would bave had 43,ooo to divide anaongst themselves. They were nowoffered 4o,ooo without the obliga- tion of finishing the works at ail. If, as bas been said, the annual value of the reclaimed land was 3o»: an acre, they would ob- tain a yearly income of 6o, oooL by a capital expenditure of ioo,ooo,/. They had certainly no reason to complain. The King himself was to undertake the work, receiving The Kingls 57'000 acres in return. Little was, however, done to i,n««tak« by him. Troubles were coming thickly upon Charles, tre,vo, and he had neithcr money nor time to bestow upon the fens. Possibly he might not bave succeeded even under appeared on behalf of the commoners, ' turning that current of popular opinion against the King's undertaking, which had been created in order to facilitate his illegal proceedings ; so that the Commissioners, afraid of meet- ing the opposition of the whole of the parties, ruade an order to permit the landholders to take the profits of their lands, and to the generality graned common of pasture over the  hole ofthe acreage .... Both these co,ces- sion, without much doubt, were owing to the skilful opposition of Oliver.' The simple answer to this hypothesis is, that the Commissioners met on July 18, and that Charles had on July IO announced his intention of making hese concessions [Bankes to Windebank, July I, S./9./9oto. cccxcv. 77), 'hen he can have had no fear of Oliver before his eyes. Nevertheless, it is highly probable that Cromwell did take the part of these poor men. If he did so, he must have been on the King's side against ]3edford, and not, as is always asserted, on Bedford's side against tlle King. This would be the more creditable to him, as political motives would have drawn him to ]3edford, and his cousin St. John was Bedford's counsel and one of the adventurers. There is nothing whatever to connect the nickname ' Lord of the Fens ' with these proceedings. It simply occurs as one of the many names for the leading Parliamentarians in the «][etctt.ritts Mt«li«:tts of Nov. 6, 1643. Sir H. Vane appears as ' an old New England man,' Rudyerd as ' a grave senator' &c. &c. Ail that can be lneant is, that Cromwell lived in the fens. Ib38 BEIIA VIOUR Ot r CHARLES. 99 more favourable circumstances. He selected Vermuyden as his july xs. engineer, and even then voices were raised to argue that Vermuyden's ideas were unpractical. Modern engineers bave decided that the objections then brought we, e of great weight. * The story of the first attempt to effect the drainage of the great fens is worthy of notice by the historian as well as by the Behaviourof engineer. It brings out into clear relief both the Charles. merits and the defects of Charles's character. It is evident that he was anxious to carry out a work of real im- portance, both when he entrusted it to Bedford and when he took it into his own hands. It is evident, too, that he desired both that the rich should be benefited and that the poor should llOt be wronged. Yet he gained no credit for his good inten- tions. He took his decision in private belote any inquiry had been held, and he stultified his Commissioners by announcing to them his decision just as they were starting to make the in- quiry upon which it was ostensibly to be based. When all this parade of investigation ended in the assignment of a large number of acres to himself, it was easy to leap to the conclusion that the sole object of the whole proceeding was to fill the exchequer at the expense of a popular nobleman, whose advo- cates belote the Commissioners were St. John and Holborne, the very men who had recently been retained by Hampdcn. Froln whatever side Charles's conduct ig approached, the result is the saine. He failed because morally, intellectually, I.olationof and politically he was isolated in the midst of his Ctaarles. generation. He had no wish :o erect a despotisln, to do injustice, or to heap up wealth at the expense of lais sub- jects. If he had confidence in his own judgment, his confi- dence was not entirely without justification. He was a shrewd critic of other lnen's mistakes, and usually succeeded in hitting the weak point of an opponent's argument, though it often happened that, taken as a whole, the argument of his opponents was far stronger than his own. Especially on theological ques- tions, he was able to hold his own against trained disputants. t Burrell, Excettions against l.rertto'dett's Z)iscottrse. "One of the principal labours of modern engineers has been to rectify the errors of Vetmuyden and his followers." Smiles' Lives oftlu" Engineer, i. 56. $eo TtfI:." CO,VSTITUTIOW.4L OPPOSITIO.': CH. LXXXlV. On all matters relating to art, he was an acknowledged toaster. His collection of pictures was the finest and most complete in Europe. He had that technical knowledge which enabled him instinctively to distinguish between the work of one painter and another. He was never happier than when he was conversing with musicians, painters, sculptors, and architects. He treated Rubens and Vandyke as his personal friends. But the brain which could test an argument or a picture could never test a man. Nothing could ever convince him of the unworthiness of those with whom he had been in the long habit of familiar intercourse. Nothing could ever persuade him of the worthi- ness of those who were conscientusly opposed to his govern- ment. There was no gradation either in his ennmy or his- friendship. An Eliot, or a Pym was to him just the saine virulent slanderer as a Leighton or a Bastwick. A Wentworth and a Holland were. held in.equal favour, and those who were ready to sacrifice their lives in his cause were constantly finding. obstacles thrown in their efforts to advance his interests through the King's soft-hearted readiness to gratify the prayers of some needy courtier. In his unwarranted self-reliance Charles enormously under-.. estimated the dàfficulties of government, and espe.cially of a. n;dr, government such as his. He would have nothing «i,,t ai to say to ' thorough,' because he did hOt understand difficulties, that thoroughness was absolutely essentiaL tIe would hot get rid of slothful or. incompetent officiais, would hot set aside private interests for great public ends, would hot take the trouble to toaster the details of the business on which he was engaged. He thought that he had done everything in ridding himself of Parliaments, though in reality he had done but little. He did hot see that Parliaments The local orTanisation had roots in the local organisations of the country, of the o,,t,--,.- and that, as long as these organisations remained in- t*uched, tact, they would be ready to blossom into Parliaments' again at the first favourable opportunity. Sheriffs and justices of the peace, no doubt, were appointed by the King. In his naine they administered justice or executed the directions of the Council. They were hOt, however, as the Intendants of the 638 TtlE CITI" OF LOA'DON. 3or old French Monarchy or the Prefects of the Empire. entirely dependent upon the toaster in whose naine they acted. They were country gentlemen with the saine habits of thought, the sanie feelings of independence, as their neighbours around them. If they collected ship-money, they collected it un- willingly, and there were few indeed amongst them who did hot sympathise with the gallant resistance of Hampden. , In the towns the local organisation was far more inde- pendent of the Government than it was in the counties. Such • rb« cit. of a city as that of London, for instance, contained a »'à"'" potential force which it would be hard to beat down. It was no mere assemblage of individual units, content to store up wealth, or to secure their daily bread. It had an organisa- -tion of its own, reaching from the highest to the lowest, lts Lord Mayor, its Aldermen, its Common Council and Common Hall constituted a municipal republic. Its great merchant societies were busily engaged in extending the limits of English commerce in the most distant lands. At home the great City Companies maintained the traditions of trade and manu- tacture, and looked with a jealous eye on all attempts ruade by those outside their pale to participate in their profits. If the richer merchants were sometimes tempted into subser- viency by the timidity of wealth and by the allurements of such gains as were attainable by a fariner of the Customs, or a shareholder in one of the new monopolies, the mass of the citizens had nothing directly to hope or fear from the Crown ; whilst the habit of participating in the election of those whom the affairs of the City were directed, and in the actual decision of more important questions, inspired them with that mutual reliance which is the ripest fruit of community of action. Nor was that action confined to speech and counsel. The defence of the City was not confided to an army paid and commanded by the central authority of the State, but to the trained bands composed of its own citizens. The protection of life and property was not entrusted to a salaried police. The citizens themselves kept watch and ward. When trouble was abroad, when apprentices were likely to be riotous, or when o,ne unwonted pageant attracted denser crowds than usual $o,_ THE CONSTITUTIONALOPPOS1TIOA . CH. LXXXIV. into the streets, the householder was still required, as in days of remotc antiquity, tobe answerable for the conduct of cvery member of his household, and to pay the penalty for the wrong-doing of his children and servants.  Such a population--and if other town corporations' were far behind the capital in wealth and population, they were hot far behind in self-reliance--was hot likcly to endure for Charles's task a hope- ever to be entirely excluded from ail participation in less one. the direction of the national policy, especially as the freeholders and gentry of the counties were very much like- lninded with the inhabitants of the towns. "The blessing of Judah and Issachar," wrote ]3acon, "will never meet, that the saine people or nation should be both the lion's whelp and the ass between burdens... Although the same tribute and tax laid by consent or by imposing be ail one to the purse, yet it works diversely upon the courage." From the wisdom which had dictated these words Charles had gone very far astray.. Yet itis no matter of surprise that the inevitable resistance was so long delayed. In the midst of material prosperity there Th« revolu- waS no sharp sting of distress to goad the masses to tiondelayed, defiance of authority. ,Ien of property and educa- tion had, in the intermission of Parliaments, no common centre round which they could rally. Those who were united in po.litical opposition to the Crown were divided by their religious sympathies. The feeling of irritation against Laud's meddle- some interference with habitual usage was indeed almost universal ; but Puritanism was, after ail, the creed only of a minority. Many of those who detested the High Commission most bitterly would be no partners in any violent or revolution- ary change. If the nation, however, was not ready to overthrow its The nation government by force, it was hot prepared to make ne«d an any effort to sustain it. How long this state of things impulse from • ,ithout. would have endured, if no impulse had corne from without, it is impossib'.e to say. The impulse came ffom a t The ournal took ofthe Co,rl of Commot Council is full of informa. tion on these points. 638 DANGER FRO,I TttE ,VORTH. 303 quarter from which Englishinen had long ceased to expect either good or evil. In 1636 Scotland, with its scanty popula- tion and its hardy poverty, was as seldom mentioned in London as the Republic of Genoa or the Electorate of Brandenburg. In I638 it was in the mouths of all men. Charles had inflicted on the Scottish nation a blow which it deeply resented, and its resentment had already led to avowed resistance. CHAPTER LXXXV. THE RIOTS IN EDINBURGH. Sco'rs,tAX as he was by birth, Charles knew even less of his northern than of his southern kingdom. Since his early childhood he had only paid one brief visit to Scot- t633. Chrl«ana iand. That visit had witnessed an outburst of dis- th« S«ots. satisfaction alnongst the nobility with that episcopai government which they had eagerly assisted James to impose on a Presbyterian Çhurch. The nobles had discovered that in placing a yoke on the necks of the clergy they had raised up rivais to themselves. Everywhere in Scotland the bishops vere thrusting "['he nobility ath« theln aside. The Archbishop of St. Andrews was bishops. Lord Chancellor of Scotland. Other bishops were members of the Privy Council. Whenever Parlialnent met the bishops had in their hands the selection of the Lords ot the Articles, and experience had shown that resistance to the decisions of the Lords of the Articles was not likely to be successful. In the country districts the bishops claimed that respect and submission which the earl or the lord believed to be due to hilnself alone. Although Charles had given to the holders of Church property an indefeasible title to the estates which their fathers had usurped, and had actually purchased lands with English money to serve as an endowment for the revived bishoprics, it was hard for him to allay the suspicion that he intended sooner or iater to re-confiscate to the use of the Church that which had been confiscated froln the Church by an earlier generation of landowners. The greater part of the nobility, therefore, hated the bishops thoroughly, and those 1633 TttE SCOTT"ISIt CItURCI-L 3o few who did hOt hate them were not in-clined to more a finger in their behalf. Of all the Scottish lords hot one was more loyal than Lord Napier, the son of the inventor of logarithms. But he was as intolerant as Rothes or Loudoun of the political eminence into which the bishops had been thrust. "That bishops have a competence," he wrote, "is agreeable to the law of God and man; but to invest them into great estates and principal officers of the State is neither convenient for the Church, tor the King, nor for the State." 1 If Charles could bave been content to leave the Scottish Church as he found it at the tilne of lais visit, it is hardly likely The Scottish that the nobles would ever have gathered courage Church. tO resist him. It is true that their power over their tenants was far greater than that possessed by English land- owners, but it was less than that which had been possessed by their fathers. The middle classes had been growing in importance and cohesion, and even the peasants looked for guidance to their minister rather than to their lord. Till very recently the bulk of the clergy was tolerably contente& Here and there was to be found a man who had relnained faithful to the extreme Presbyterianism of a forlner generation, and a large number felt the Articles of Perth to be a serious grievance. But their material colnfort had been greatly in- creased by Charles and his father, at the expense of the neigh- bouring landowners. The bishops interfered but little with their parochial ministrations. Above ail, they were free to preach the whole Calvinistic creed, and to fulminate anathemas against Popery and Arminianism to their hearts' content. No Royal declaration bound them, as it bound the Southern clergy, to abstain from enlarging on controverted topics. No canons or rubrics existed which could be quoted as sanctioning an obsolete ceremonial. The direction of the Articles of Perth to kneel at the re- ception of the Communion roused, it is true, no little opposi- tion. It sometimes happened that when a minister asked the ¢ongregation to kneel, they flocked out of the church, leaving * Napier, AI«morials of3Iontrose, i. 70. VOL. VIII. X .306 THERIOT.ç LV EI.VIURGH cH. Lxxxv. him alone at the table. 1 But in general, either by the con- nivance of the bishops at irregularities or by the sb- Kneeling at the Com- mission of the congregations, there was less trouble lnnion. caused by this injunction than might bave been ex- Varietlesof pected. Here and there, under the shelter of epis- doctrine and copal authority, there were even to be round islands ee,o,y. of a faith and practice which contrasted strangely with the level waters around. The colleges of Aberdeen were notorious for their adherence to a more tolerant creed than that of the rest of the clergy. At the King's Chapel at Holy- food, atone of the colleges at St. Andrews, and at some of the «athedrals, the Enlish Prayer Book was used without giving offence.  If matters had been allowed to take their course, it is just possible, though it is hot very probable, that the Church of Scotland would bave been the first to give an example of that comprehensive tolerance which was he ideal of Chillingworth and Hales. Of no such elasticity in practice was Charles at any rime likely to approve. When, in 633, Laud accompanied the King to Scotland, he was struck by the mean aspect of Charles de- trmine to many of the Scottish churches. Some of them were coerce the • ";cotrish plain square buildings, looking, as he said, very like Chur«h. pigeon-houses. The galleries inside reminded him of seats in a theatre. " On one occasion, when he found an old Gothic building thus maltreated, and was told that the change had been lnade at the Reformation, he answered sharply that it was hot a reformation, but a deformation. « This calelessness about external propriety was no doubt to be attributed in great part to the prevalence of Cai- 635. reeton's vinism. Yet it cannot be aitogether dissociated from the habits of that carelessness about the external decencies of ]ife the Scots. which was silnply the result of poverty. The Eg- land of the seventeenth century was assuredly far behind the ! This happened at Ayr. Br«retou's Traz,,ls, Chetham Society, I2I. 2 Large Declara:ion, 2o. a Vorks, iii. 365.  This fling at the ugliness of the Scottish churches is usually quoted by writers who ought to know better, as if it implied that the Scotch had been better off undcr the Pope. 635 ,4 TRA IELLER IN SCOTLAND. 307 England of out own times in sanitary precautions. An English traveller who visited Ediaburgh in 1635 , spoke with amazmnent of the filth which was allowed to accumulate even in the best bouses. "This city," Ne wrote, "is placed in a dainty, health- ful, pure air, and doubtless were a most healthful place to lire in, were not the inhabitants most sluttish, nasty, and slothful people. I could never pass through the hall but I was con- strained to hold my nose ; their chambers, vessels, linen, and lneat nothing neat, but very slovenly." Linen which had been washed was in nmch the same state as dirty linen would be in England. ' To corne into their kitchen, and to see them dress their meat, and to behold their sink' was ' a sufficient supper, and' would 'take off the edge of the stomach.' The writer is the more tobe credited, because in higher matters he is extremely laudatory. "The greatest part of the Scots," he de- clares, "are very honest and zealously religious. I observed few given to drink or swearing; but if any oath, the most ordinary oath was 'Upon my soul.' The most of my hosts I met withal, and others with whom I conversed, I found very sound and orthodox, and zealously religious. In their demands they do hOt so much exceed as with us in England, but insist upon and adhere unto their first delnand for any commodity." t For ail this 1-:ard-headed zeal and honesty Charles had no admiration. His eye did hot penetrate beneath the external x634. crust of Scottish life. To him, as to Laud, a Re- lIay x3. fommtion which had produced churches so ill-built, q'he King's intentions, and a ritual so unadorned, was no better than a deformation. The long extemporary prayers of the ministers annoyed him, as they bave annoyed many an Englishman since.  For ail this he had a fitting remedy. "We," he wrote to the Scottish bishops soon after his return to England, "ten- dering the good and peace of that Church by having good and decent order and discipline observed therein, whereby religion and God's worship may increase, and considering that there is nothing more defective in that Church than the want of a Book f Comlnon Prayer and uniform service tobe kept in all the  B-o-eton's 7"rards IOJ lO» IiO.  Zarge 1)eclaration, o8 TttE RIOTS I,V EDI, VBURGtt. CH. LXXXV. churches thereof, and the want of canons for the uniformity of the saine, we are hereby pleased to authorise you as the repre- sentative body of that Church, and do herewith will and require you to condescend upon a form of Church service to be used therein, and to set down canons for the uniformity of the cipline thereof." 1 Officially, no doubt, the bishops might be held to be ' the representative body of that Church.' Of the religious heart and The bishox, s SOUI of Scotland they were in no sense the represen- .-,,,d the tatives. Even in relation to the organisation of the Church courts. Church, their position was very different from that of their English brethren. An English bishop had the Church courts at his disposal. The churchwardens, as English Puritans bitterly complained, were bound by oath te present offenders against Church law before authorities entirely independent of the parishioners. In Scotland, the episcopal jurisdiction had taken no such deep foot. In the general management of eccle- siastical affairs the bishops had taken the place of the Assembly, but the local management of parochial affairs was still in the hands of elected officers. Deacons were chosen by the parish- ioners to take charge of the provision for the poor, and elders to take cognisance of moral faults comlnitted by members of the congïegation. The deacons and elders held weekly meel- ings with the ministers to consult on the affairs of the parish. Acts of immorality were punished, as in England, by exposure on the stool of repentance in the face of the congregation. Persons loitering in the streets, or tippling and gaming during service time, were sent to prison.  In this way the Scottish middle class received its political education. Men learned to act together in the Church courts, where they were not over-shadowed, as they were in their single t The King to the Bishops, May 13, Sprott's Scottish Litures, Introd. xlviii. Compare Keble's feeling when he visited Scotland. "The kirks, and the manner in which they defile and _;nsult the sacred places, e... Jedburgh Abbey, are even more horrid than I had ext3ected. I would hOt be in one of them at service rime on any consideration. They proelaim aloud, every inch of them, ' IDown with the altar ! '" Coleridge, AIemoit of Kéble, 350. z trcreton's Tra,els, lO6. 1634 TttE 2VE IV PRA l'ER .BOOA: 309 House of Parliarnent, by great lords and "ministers of State. Political WaS hot an education which would encourage variety educationthe middle°f of character. The established principles of morality ¢lass. and religion were taken for granted in every discus- sion. But if the system bred no leaders of thought, it bound man to man in an indissoluble bond. Such courts necessarily placed themselves in opposition to the bishops, who were every year becoming more distinctly the instruments of Laud. As the bishops of the stamp Growlng op- po.itionto of Pamck Forbes died, they were succeeded by men Episcopacy. after Laud's own heart, such as Wedderburn and Sydserf. Yet, even these men would hardly have entered on a hopeless struggle with the popular feeling, but for the urgency of Laud. Laud, indeed, was far too strong an advo- Laud and theScottish cate of ecclesiastical proprie*.y, to attempt to in- bishops, terfere as Archbishop of Canterbury with the Scottish Church. If, however, the King asked his advice as a private person, he saw no reason why he should decline to give it. Nor did he see any reason why he should not convey the King's directions to the Northern prelates, if Charles asked him to do so. He therefore conveyed instructions to the bishops as if he had been the King's secretary, remonstrated -ith proceed- ings which shocked his sense of order, and held out prospects of advancement to the zealous. Scotchmen naturally took offence. They did not trouble themselves to distinguish be- tween the secretary and the Archbishop. They simply said that the Pope of Canterbury was as bad as the Pope of Rome. In the meanwhile, preparations for applying a remedy to the evils which were supposed to afflict the Church of Scotland were strenuously urged on in London. A draft of z635. Th« os the new canons was submitted by the King to Laud and the Prayer and Juxon, and a draft of the new Prayer Book to Book. Laud and Wren. The alterations proposed were forwarded to Scotland for the approval of the Scottish bishops ; but the brain which had conceived them was that of the restless Archbishop of Canterbury. The canons authorised in 635 were issued in the follow- ing year. In them is to be discerned an attempt to bridge over TttE RIOTS IN 2?DINBURGtL CH. LXXXV. the gap between the bishops and the parochial courts. There were to be diocesan and national synods ; and such *636. Jsueort« synods, if fairly constituted and fairly treated, might canons, have gone far to keep the existing constitution of the Church in working order. But the mode in which these canons were issued was in itself an unmistakable intimation that Charles had no intention of seriously consulting either the clergy or the laity. They came forth to the world on the Royal authonty alone. Even High Churchmen in the next generation shook their heads at the slight shown to the Church. Two or three of the bishops had been privately consulted on the matter, and that was all. 1 The canons thus sent into the world contained some good advice. Ministers were directed to abstain from long and tedious sermons, and to inculcate the duty of righteousness of life as well as that of doctrinal orthodoxy. Other commands there were, which no one who had the slightest respect for the f, elings of Scotchmen would have thought of inserting. The communion-table was to be placed 'at the upper end of the «hancel or church.' Though ' sacramental confession and abso- lution' had in some places been abused, all who felt their con- sciences burdened were to be encouraged 'to confess their offences to the bishop or presbyter.' In every department of m inisterial work the minister was to be strictly subordinated to the bishop, and above the bishops stood the King, whose authority was to be exercised in ail ecclesiastical causes in the saine way as that which ' the godly kings had among the Jews, and the Christian emperors in the Primitive Church.' The Prayer Book, as yet unpublished, was already placed under the guar- dianship of the law of the Church. To assert that it contained ' anything repugnant to the Scriptures,' or that it was ' corrupt, superstitious, or unlawful,' was to incur excommunication.  Like the canons, the Payer Book was submitted to no ecclesiastical body whatever.  Of the few bishops who had Burton, tlist, of Scotland, ri. 397. Canons, Laud's HZork, v. 583. For the earlier history of this Prayer Book, sec Vol. VII. p. 282. I636 THtï A'tïI.V PR.4 I.'ER BOGAç 3 been consulted, hot one had any knowledge of the temper of ThePr-»,r the nation ; and one of them, Wedderburn, Bishop :ookdis- of Dunblane, had spent many years of his life in liked as Popish. England. He strongly advocated the omission, from the sentences spoken at the administration of the Communion, of the clauses which owed their origin to the second Prayer Book of Edvard VI. These clauses, he said, seemed ' to relish somewhat of the Zwinglian tenet that the Sacrament is a bare sign, taken in remembrance of Christ's passion.' This argu- ment, as a mere matter of reasoning, may have been good enough. The clauses from the first Prayer Book of Edward VI. which he proposed to retain lent themselves easily to the Cal- vinistic doctrine of a real, though spiritual, presence. What was wanting to Wedderburn was the imaginative e)e which could see beyond the shelves of lais el)iscopal library to the manses of the country clergy, and the ability to discover that any un- necessary change was certain to arouse suspicion.  Nothing can be more unfair than to argue that the authors of this un- lucky liturgy had any intention of approximating to the Roman ritual ; but they could hardly have given greater offence if they had introduced the missal at once. If the old forms of prayer contained in Knox's ook of Cbmmon Order were to be abolished, it was only natural that a bewildered people, who had not even been consulted on the subject, should ask them- selves what was the hidden object with which the change had been ruade. Other alterations, slight in themselves, pointed in the saine direction as the omission of the strongly Protestant clauses in ThePrayer the administration of the Communion. Another oo, ais- defect was almost equally fatal. Whether the book liked as Eglish. was Popish or not, there could be no doubt that it was English. It had been touched and re-touched by English hands. The knowledge that this had been the case was enough to make it odious in Scotland. Even if the gift offered by Laud  Zattd's Works, iii. 357- Wedderburn, however, was not the first to originate the proposal. It is acted upon in the MS. corrections, probably ruade in 1625, to a Prayer 13ook now in the B-itish Museum. Iz'g,'rtott M.S. 24 t 7. 3J2 Tette IIOTS IN EDITBURGH. CH. LXXXV. had been one of priceless value, it would bave been dashed scornfuily aside. In such a cause, the clergy and their congregations were certain tobe of one mind. Here and there, no doubt, there The mode- were a few men who, like Robert Baillie, of Kil- .-ates. winning, had done their best to fit themselves into the schelne of Church government which existed around them, whilst keeping themselves as much as possible aloof from bishops ,m the one side, and from fanatics on the other. It was pre- «iscly men of this class that Charles was doing everything in his power to alienate. Yet there is every reason to believe that neither Charles nor Laud had any conception that the new l'rayer Book would meet with any serious opposition. It bas sometimes been asked whether Charles was urged on by love of despotism or love of religion. It does not need much know- iedge of his chracter to see that neither of these formed the motive power. What he was doing he did from a love of order, combined with sheer ignorance of mankind, tle could see nothing in the book but the decent comeliness of its arrange- ments and the well-chosen suitability of its expressions. 1 To the very last, Laud thought more of polishing the lan- guage of the Prayer Book than of securing for it a favourable Oct. ,8. reception. It was printed and reprinted, till it seemed Ordersto to have reached typographical perfection. In Octo- nforce the u.e ofthe ber 636 , Charles wrote to the Privy Council inform- Frayer ,oo. ing them that, ' having taken the counsel of his clergy,' he thought fit that the book should ' be used in God's Dec«mber. public worship.' In December a proclamation ordered every parish to adopt it, and to procure two copies of it before the following Easter. * ' One of the parts of the book which gave offence was the direction for the position of the minister at the consecration. See 13urton, I-Iist. f Sctland, ri 424 . The book at Lambeth, which has Laud's annotations, drlers from the Scottish book in directly ordering the eastward position. Possibly, though the handwriting is Laud's, the suggestion may bave been Wren's. " The King to the Council, Oct. 8, alfour il. 224. The reface fo the Prayer Book. 1637 RECEPTION OF Easter came, and still the book was not ready. Rumours ,ocre rife that it had been seen in England, and that it differed from the English Prayer Book ' in addition ofsundry z637. Delaylnits more Popish rites.' Others whispered that it was appearance, merely the Mass in disguise. As time went on, the impending danger grew more terrible in its vagueness. Yet it is worthy of notice that there was as yet no thought of resist- ance. The utmost to which extreme Puritans ventured to aspire was permission to form themselves into a nonconformist body, worshipping apart with the connivance of the Govern- lnent. 1 At last, in the spring of 1637, the long-dreaded volulne reached Scotland. In May every minister received orders to iay. buy two copies on pain of outlawry. The bishops, It ,«hes though they had never consulted their synods on the S«otln«. preparation of the book, now called them together to urge them to obedieflce. Openly no word of resistance was heard. It was hard for a single n-.inister to expose himself to certain ruin. But in private men spoke their minds more freely. The Book, they said, was more Popish than thê English one. It had no authority either from Assembly or Parliament. The Scottish Puritan feeling and the Scottish national feeling were rising higher every day. It was hardly likely that the temper thus aroused would be suffered to die away for lack of leadership. Though, with one Temper of or two brilliant exceptions, the Scottish nobles of the nobili,y, that day were not remarkable for ability, they had the habit of authority which had long been lost by the English Peers, and they would ill brook the continuance of a system which placed the bishops above their heads. It is easy to speak of the zeal of men like Rothes and Loudoun as sheer hypocrisy. It is far more likely that they felt strongly in a direction in which it was their interest to feel strongly. Men of advanced age could indeed remember that the yoke of Pres- bytery had once been as heavy as the yoke of Episcopacy. Men who were even of middle age knew nothing of Presbyterianism L t]aillie, i. 4, 3v4 THE RI'07'S lA/" EDI'ArBURGH. cH. LXXXV. except by report. They saw the bishops out3"ing them in thc Royal favour, and rcducing them to comparative insignifi- tance even on their own estates. Whatever relious feeling was in them had been nurtured through the old Calvinistie doctrine, and jealousy for the national honour of Seotland burnt in them as strongly as in their tenants and dependents. It is impossible to say with certainty what truth there may bc in the story that a meeting in which some of the malcontent ju,le, nobles took part with the leading clergy and a few Alle;ed of' the devouter sex,' was held in Edinburgh for the rteetillff at EOinburgh. purpose of organising resistance.  Attachment to tried religious forms is always stronger in women than in men, and it may well be that some of the Edinburgh ladies stirred up the indignation of the fishwives and serving-women of the city. But no mistake would be greater than to imagine that they created the spirit which they directe& The insult to the Scottish nation and the Scottish Church was one to kindle re- sentlnent in the humble and the exalted alike. July 2 3 was at last fixed as the day on which the patience of the citizens of Edinburgh was to be put to the test, in the july3, hope that the submission of the capital would fur- q_'he reading nish an example to the test of the country. The con- ofthebook, fidence felt by the bishops received a rude shock. At St. Glles', recently erected into the Cathedral Church of the new diocese of Edinburgh, a large nulnber of maid-servants were gathered, keeping seats for their mistresses, who were in the habit of remaining at home till prayers were over and the preacher was ready to ascend the pu!pit. The Dean opened Thetumult the book and began to read. Shouts of disappro- in St. Giles'. bation ri'oto the WOlnen drowned his voiee. "The Mass," cried one, "is entered amongst us!" "13aal is in the «hurch !" called out another. Opprobrious epithets were applied to the Dean. Lindsay, the Bishop of Edinburgh, ascended the pulpit above the reading desk, and attempted to still the tUlnult. I-Ie begged the noisy zealots to desist from  The story cornes from Guthry's .A'moirs, e3. It was written down af ter the Restoration, and is certainly inaccurate in its details. 1637 THtF StFtïVICtF AT ST. GILtFS . 315 thelr profanation of holy ground. The words conveyed an idea which was utterly abhorrent to the Puritan lnind, and the clamour waxed louder under the ill-judged exhortation. A stool aimed b- one of the WOlnen at the Bisho 1) all but grazed the head of the Dean. At this final insult Archbishop Spottis- woode called on the magistrates to clear the church of the rioters. The noisy champions of Protestantism were with nucta difficulty thrust into the streets, and the doors were barred in their faces. They did not cease to knock loudly lrom without, and to fling stones at the windows. Amidst the crash of broken glass, the service proceeded to the end. One woman, who had remained behind unnoticed, stopped ber ears with her fingers to save herself from the pollution of the idolatrous worship, whilst she read ber bible to herself. Suddenly she was roused by a loud Amen from a young man behind ber. " False thief!" she cried, dashing ber bible in lais face, "is there no other part of the kirk to sing Ms in, but thou must sing it in my lug ?" When the doors were at last thrown open, and the scanty congregation attempted to withdraw, the crowd outside dashed fiercely at the Bishop. But for the intervention of the Earl of Wemyss, he would hardly have escaped alive. Such Privy Councillors as could be hastily convened gave immediate orders to the magistrates to protect the afternoon The after- service. Guards were lnarched to the church, and a noonservice, select few were alone permitted to enter. Special directions were given that no wolnan should be allowed to pass the doors. The Earl of Roxburgh drove the Bishop home in lais coach amidst a shower of stones. His footmen were obliged to draw their swords to keep off the mob. 1  Setting aside later narratives, we have two contemporary accounts to rest on, one from the King's Lae Z)«daraNon, the other, written in a 'iolent Purltan spirit, printed in the Appendix to Rothes' t'roceedigs. On the whole they agree very well together. Both agree that only one stool was thrown. The tradition which names Jeanie Geddes as the heroine of the day has long been abandoned. See Burton's Hisloryof9cot- land, ri. 443- Long afterwards V'odrow stated that it was ' a constant believed tradition that it was Mrs. Mean, wife to John Mean, merehant,' i e. shopkeeper, ' of Edinburgh, that cast the first stool.' He thought that 316 TttE RIOTS IN EDI'VtTURGH. CH. LX:.XV. The next day the Council met. It can hardly be doubted that its lay members sympathised heartily with any kind of july24, resistance to the bishops. Sir Thomas Hope, the The privy Lord Advocate, is said to have been one of those Council. Sir T. Hove. who instigated the disturbance. Lord Lorne, the Lorne. heir of the Catholic Earl of Argyle, a man of schêming brain and consulnmatê prudence, is hOt likêly to have gone so far. But he sharêd in thê prevalent feeling, and had rêcêntly corne to high words with the Bishop of Galloway on thê subject of thê imposition of fine and imprisonmênt on one of lais followêrs by the High Comlnission. 1 For the prêsênt, however, the guidance of affairs rested in the hands of the Lord Trêasurer, the Earl of Traquair. In ïrquair. after times Traquair was accused of playing a double gaine. Itis more probable that hê had no sympathy with êithêr party. A cool and wary man of business, immersed in the details of goverlament, he fell a victim to his attempt to play the modêrator in thê impênding collision of fanaticisms. He had opposêd thê bishops when thêy attempted to force thêir own ideas on an unwilling Church, especially as he had reason to bêlieve that onê of their numbêr, Bishop Maxwell, was intriguing to supplant him as Treasurêr of Scotland. But by instinct and position he disliked the domination of a mob, and especially of a mob with clerical backers. Such a man was capable of convêying words of common sense to Charles's car, though it was most improbable that they would ever penetrate to his mind. The Council, in appearance at least, took instant measures to carry out the King's wishes. Six or seven of the rioters were ,¢tio,otth« arrested. The Edinburgh ministers were assured authorities, that they might read the prayers without danger, and the magistrates were ordered to protect them in so doing. As far as words could go, the Council had done its duty. Words, many stools were thrown, and that ' many of the lasses that carried on the fray were prentices in disguise, for they threw stools to a great length.' If so, the prentices must have been singularly incapable of taldng a good aire at the Bishop's head. Gordon's account is a mere copy of the Declarati,m with a few additions.  Z,'ai!lie, i. I6. 637 LUK'EIVAR.II2VESS OF THE COU2VCIL. 37 however, would not suffice. Some of the ministers had no wish to read the book, and those who were willing to read the book did not wish to risk being torn in pieces by the mob. They declared that they had no confidence in the power of the magistratee to preserve order, and it is not unlikely that most of the councillors were of the saine opinion. At Spottis- woode's motion, both the old and the new forms of prayer were suspended in Edinburgh till the King's pleasure could be known. The serinons were to be delivered as usual. I The King was not likely to be satisfied with such timidity. Of the difficulties of his representatives in Scotland he under- stood nothing. He ordered strict measures of re- Dissatlsfac- tion ofthe pression to be taken. He forgot to inquire whether King. the Governlnent had force enough at its disposal to enable it to carry out his orders. As soon as the magistrates attempted to do as they were bidden they round that the rioters had ail Edinburgh at their backs. The Privy Council gave to the magistrates but a lukewarm support. Its lay members threw the blame on the bishops. The bishops threw it back on the laymen. Laud, writing by the King's August 7- I aud'sview orders, distributed it equally between both. He of thecase, scouted the idea of abandoning the Prayer ]3ook because a hand of secret conspirators had hounded on an unruly mob against it. "It was unworthy of the bishops," he said, " to disclaim the book as their own. It was their work, and it was for them to support it." "Will they now," he added, "cast down the milk they have given because a few milkmaids bave scolded at them ? I Lope they will be better advised."  It was easy to write thus in the sale privacy of Lambeth : but it was hard to obey the command at Edinburgh. The magistrates stated plainly that no one would read August 19. ænu to the service on any conditions. They had offered a enforce the K,g'» large sure of money to anyone who would do so, od», but none had been found sufficiently hardy to accept the offer, a  Baillie, i. 18, 447. Gordon, ttist, ofScots .4ffairs, i. I.  Laud to Traquair, Aug. 7, l/Vorks, vi. 493. * The Magistrates to Laud, Aug. I9, Large Z)edaraNon, aS. 38 TIgE ]¢IOTS IN EDIA77UI¢Gt[. CH. LXXXV. The viragoes of St. Giles' were backed by the population of Edinburgh. If Edinburgh were backed by Scotland Charles would bave work enough before him. A threat of outlawing the ministers who had refused to purchase their two copies of the Prayer Book put the feeling of the country clerc, to the test. Petitions drawn up in due legal form began to drop in upon the Council. The only one which bas reached Aug. 3. He,,d«rs«'s US was drawn up by Alexander Henderson, Minister petition, of Leuchars. Its wording carried the controversy out of the region of passion into the region of argument. Henderson descended into the strife as a chalnpion worthy of a great cause. He had not leapt forward impatiently to testify lais displeasure at the proceedings of the bishops. He had hOt been hasty to judge the practice of kneeling at the Cm- lnunion as altogether evil. The time had now corne when it behoved every honourable man who believed, as he believed, in the old Scottish creed, to lift up his voice on behalf of his Curch and nation. Henderson would not be the more likely to bang back in the end, because his protest was studiously moderate now. He did not say, as so many others were saying, that the new Prayer Book was actually Popish, but he professed his readiness to argue that it contained matters ' far from the form and worship and reformation' of the 'Kirk,' and 'drawing near in material points to the Curch of Rome? It was not in this reasoning, however, that the main stress of his argument lay. The old forln of worship, he said, had been recognised by Assembly and Parliament. The new form of worship had been recognised by neither. Further, the Church of Scotland was free and independent. Its own pastors knew best what was suitable to their people, who 'would be found unwilling to the change when they should be assayed.'  In these sober words Henderson raised a standard of re- sistance for the Scotish people. He did not plead lleaning of «d«so'» the cause of Presbyterianism against Episcopacy. protet. He simply announced that the religion of a people was under its own guardianship. Charles was in a great strait. Humiliating as it would have t Supplication, Eaillie, i. 449. 637 CHARLES ASA'ED TO FI«VD A R.E.IIEDV. 319 been if his authority in Scotland had alone been at stake, a frank acknowledgment of his mistake would doubt- Charles =.otdraw less have been lais wisest course. The shock which back. his authority would receive could hot, however, be limited to Scottish ground. What was true in Scotland was aiso true in England, and the artificiai edifice of the Laudian Çhurch would feei the blow struck at the house of cards which had been built up beyond the Tweed. Nor was it easv to persuade Carles that the riot in Edinburgh had been a genuine resuit of popular indignation. He saw in it onlv the çoncealed hands of the angry nobles, grasping at Çhurch lands and at the dignities worthily accorded to men vho were better than themselves. How was Charles to procure obedience in Scotland ? lilitary force he had none, and the Scottish Çouncil was likelv -'«g.=3. to vield him but a half-hearted support, even if it "r, Co,,« yielded him any support at ali. Only in rive or six does hot support him. placeswas the Prayer Book read. When Henderson appeared before the Council he was accompanied by a crowd of gentry. Letters which poured in from distant parts left no doubt that the feeling in lais favour was not confined to the neighbourhood of the capital. Even if the Council had been willing to take severe measures, it would have been helpless te overcome resistance. Henderson was told that he had been ordered to buy the books, not to read them. "We Aug. 5- Th«ir letter found ourselves," wrote the Council to Carles, "fa to the Kitag. by out expectations surprised with the clamours and • S fears of your IIajesty subjects from almost ail the parts and corners of the kingdom, and that even of those who otherwavs had heretofore lived in obedience and conformity to your lIajesty's laws, both in ecclesiastical and civil business, and tlms we find it so to increase that we conceive it to be a matter of high consequence in respect of the general murmur and grudge in ail sorts of people for urging of the practice of the Service 13ook, as the iike hath not been heard in this kingdom." They could therefore only leave it to his Majesty, 'in the deepness of his Royal judgment, to provide a remedy.'   .Cet of Council, Aug. a 5. The 8cottish Council to the King, t?aillie, 3zo TH RIOTS LV EDIW2gURGt-Z. cH. LXXXV. Charles had no remedy to provide. He sent back a scold- ing answer, in which he found fault with evervone except him- Sept.,. self, and ordered the immediate enforcement of the Chare«s use of the Praver Book. No magistrates were to be answer, allowed to give their supl)ort to In Edinburgh a hold office in any borough who would not the new service. 1 fev partisans of Charles's ecclesiastical system were still to be round anaongst the oncial class. Sir Sept. xS. John Hay, the Clerk Register, was thrust as Provost The,,e, upon the unwilling townsmen. Nowhere else was Provost of Edinburgh. such an arrangement possible. "If it were urged," wrote Baillie, "we could bave in all our towns no lnagistrates at ail, or very contcmptible ones. '' Those ministers who in any C,e,er «- place tried to read the book were roughly handled, i.,«« especia!ly by thc women. When the Council met to take the King's last letter into consideration, it was evident that nothing could be done to carry out his orders. Petitions poured in from every quarter. Twenty noblemen, with a crowd of gentlelnen and ministers in their train, appeared Sept. o. to enforce by their presence the language of the petitions, a The Council could but assure Charles that they had done their best, sending him, at the saine time, the petitions, sixty-eight in number, for his perusal.  Belote long there was worse news to be told. The new Provost had attempted to hinder the town from sending in a Sept.=S. petition against the Prayer Book. An angry mob Second riot burst into the Tolbooth, where the Town Council in Edin- burgh, was in session. "The Book," they shouted, "we x-ill never bave." They forced the magistrates to promise that the petition should be sent. This second entry of the mob upon the scene shocked some even of those who had no love for the bishops "What shall be the event," wrote Baillie, "God knows. There was in out land never such an appear- i. 449, 45 t. Traquair to Hamilton, Aug. 27. Burnet, Liz,es ofthe A?ukes of tiare,lion, il. 18.  The King to the Council, Sept. 12, Baillie, i. 452.  Ib;d. i. 25.  Rothes, 7. aillie, L 33. * The Council to the King, Sept. 20, t3aillie, i. t637 POPULAR FEELING. ance of a stir. The whole people thinks Popery at the doors No man may speak anything in public for the King's part, except he wou'.d bave himself marked for a sacrifice to be killed «»ne day. I think out people possessed with a bloody devil, far above anything that ever I could have imagined, though the Mass in Latin had been presented. The ministers who have the conamand of their mind do disavow their un- Christian humour, but are no ways so zealous against the devil of their fury as they are against the seducing spirit of the Bishops." l If such was the language of a Scottish minister, what must bave been Charles's indignation? The courliers at Whitehall Peristence might persuade themselves that but for Laud's inter- of Charles. ference he would have given way. 2 It is far more likely that, whether Laud had been there or hOt, he would have persisted in the course which he believed to be the course of duty. "I mean to be obeyed," were the words which rose to his lips when he was interrogated as to his intentions.  Even Charles, however, could see that he could hot expect to be obeyed at once. He must postpone, he wrote, his answer Oct. 9. on the main subject of the petitions. For the present, I-lisdirec- therefore, the Council were to do nothing in the tions to the Co,cil. matter of religion ; but they must try to punish the ringleaders of the late d:sturbances, and they must order all Te Co,,,¢i strangers to leave Edinburgh on pain of outlawry. 4 «nC the Another letter directed the removal of the Council Court of Session tobe and the Court of Session--first to Linlithgow, and • emod, afterwards to Dundee.  If Charles had had no more than a riot to deal with, it would have been well that the offending city should learn that the lucrative presence of tF.e organs of government and justice * taiEie, i. 3.  Correr to the Doge, Sept. xs, Sept. z 5, Oct. " • Con to Barberini, Oct. L3 Add. 2tlS.ç. 15,39o , fol. 453- • The King to the Council, Oct. 9, alfour, ii. -3.  This letter has hOt been preserved, but is referred to in a subseqtent lroelamation. VOL. VIII. Y 3zz THE RIOTS IN EDI.NI3URGH. Ct. LXXXV. could only be secured by submission to tbe law. ]3ecause he had more than a riot to deal with, his blow recoiled on himself. He had chosen to fling a defiance in the face of the Scottish nation, and he must take the consequences. Vhen these letters arrived in Edinburgh the petitioners had returned to their homes, not expecting so speedy an answer. Johnstonof But they had left behind the shrewdest of lawyers, Warristo,. Archibald Johnston of Warriston, and Johnston at once gave the alarm. On October t 7 they were back Oct. x 7. a'h«pro«l,- again, black-gowned ministers and gay nob]emen, mations, waiting for what might befall. In the evening tbe substance of the King's orders was proclaimed from that Market Cross  where, according to legend, a ghostly visitant had taken his stand to SUlnllon Charles's ancestor froln the field of Flodden to the judgment-seat of God. The simple officer who read the forlnal words of the proclamation was as truly the messenger of iii to Charles. He was pointing to the track which led to the battle-field, the prison, and the scaffold. The next lnorning all Edinburgh was astir. The city bad hot, like London, an independent COlnmercial lire of its own. oct. 8. To lose the Council and tbc Court of Session was to Ththa dwindle to the insignificance of a provincial town. riot at Edin- burgh. The inhabitants, whose very means of livelihood was at stake, raved against the bishops as the cause of the mischief. Bihop Sydserf, of Galloway, who was reported to wear a crucifix beneath his dress, was driven by an angry crowd to take refuge in the council house. Another crowd surrounded the magistrates, and insisted on their joining in a protest. The magistrates, glad to escape with their lires, did all that was required. The mob still thronged the streets, shouting, "God defend ail those who will defend God's cause, and God confound the service book and ail the maintainers of it." Traquair came out to quell the tumult. Hustled and thrown down, he struggled back with loss of hat and cloak, as well as of his white od of office. Sydserf was still a prisoner in the council bouse. Tbe Provost declared that be was unable to help him. * Poclamations Oct. 7, Large D,'daration, $3. 1637 TItE GEA-ERAL SUPPLICATIOA . 33 No one else ventured to more a finger in his behalf. One course, dishonourable as it was, remained to be tried. The noblemen and gentry who had been ordered the day before to leave Edinburgh were sitting in consulation on the best way of opposing the King's orders. To them the King's Council sent, begging them to use their influence with the enraged multitude. What the King's representatives were powerless to effect, his opponents did with the greatest case. The Lord Provost of Edinburgh and the whole body of the Privy Council, including the fugitive bishop, only reached their homes under the pro- tection of the men who were treated as rebels by their toaster.  Forty-one years earlier, Charles's father had quelled a Pres- Contrast byterian riot by the removal of the Council and the between Court of Session frorn Edinburgh. He had been Carles and hisfather, able to do so because he had the nobility and the country at large on his side. The men who guarded his coun- cillors through the streets were no longer as their fathers had been on the side of the King against the capital. The reply of the petitioners was a general supplication, in which the bishops were pointed at as the authors of the calami- Th C',neral ries of the Church. Charles was asked to allow them Supplication. to be put on their trial, and, as they were now parties in the case, to prohibit them from sitting in the Council as judges of matters relating to the present dispute, u The petitioners had thus changed their defence into an attack. Not we, they said in effect, but the bishops are the bfeakers of the law. The demand that the bishops The petition- ers assume should hOt be judges in their own case was the saine the offensive. as that which, four months before, had been rcceived with derision when it proceeded from the lips of Bastwick in the English Star Chamber. In the heat of discussion before the Council, Bishop Sydserf and Sir John Hay threw out a suggestion which had unexpected consequences. Why shouid hOt the mass of the petitioners return home, leaving behind a i ot/tes, 19. Zarge Declaragion, 35- Gordon again simply borrows from the Declaration. It is quite a mistake to treat him, as Mr. Burton does, as an original authority for these events.  Zar£e Z)eclaration, 4. Y  324 THlï RIOTS IN lïDINBURGH', cH. LXXXV. few of their number to speak in their name ? The petitioners took them at their word. They chose a body of The, choose commission- commissioners from amongst themselves. From • r. that moment, if the nation rallied round the new eommissioners, it would have a government, and that govern- ment would not be the King's. There were no more riots in: Edinburgh. *  atk¢s» 17. $aillie, 35» 3 8. CHAPTER LXXXVI, THE SCOTTISH COVENANT. To a man of practical instincts, like Traquair, the outlook in Scotland, after the nomination of the popular commissioners, was indeed pitiable. "I ara in all things," he wrote, Oct. 9. "rTqu:ir's "left alone, and, God is my witness, never so per- çroposaL plexed what to do. Shall I give way to this people's fury, which, without force and the strong hand, cannot be opposed ?" It was hard for him to believe that a compromise was no longer possible. Why, he asked Rothes, could they hot agree to accept the English Prayer Book as it stood ? Rothes would not hear of it, and the resolution of Rothes was the resolution of his countrymen, l On November tS, the petitioners returned to Edinburgh. Their commissioners, hastily chosen, were to give way to a oÇ. . more perlnanent body, composed of six or more OrganLsation noblemen, two gentlemen from each sbire, one towns- of the com- ,_io,«r. man from each borough, and one minister from each presbytery. Traquair, seeing that authority was slipping out of his hands, remonstrated warmly ; but Sir Thomas Hope, the Presbyterian Lord Advocate, gave an opinion that the peti- tioners were acting within their rights, and further opposition was impossible.  In the persons of the commissioners, $cotland walted, not impatiently, for an answer. If Charles could frankly abandon the Service Book, as Elizabeth had once abandoned the mo- nopolies, he might, perhaps, have saved some fragments of  Traquair to Hamilton, Oct. 19, t[ardwicée & 1 . ii. 95. .Rother, .  Ibid. z3. 3z6 authority Scotland 'aits for an answer. l)ec. 7- The procla- l:a tion at Linlithgow. THE SCOTTLçH COUENAVT. cH. LXXXV|o for the bishops. He could not even make up his mind to announce his intentions plainly. On I)e- cember 1, a proclamation issued at Linlithgow, where the Council, in obedience to the King, was nuw sitting, declared that, on account of the riots at Edinburgh, the answer to the supplication would be delayed. Ail that Charles had to say was, that he abhorred Popery, and would consent to nothing which did not tend to the advancement of the true religion as it was'pre- sently professed' in Scotland. "Nothing," the proclamation ended by saying, "is or was intended to be done therein against the laudable laws of this His Majesty's native kingdom." Scotsmen had ruade up their minds with almost complete tmanimity that those laudable laws had been broken. In vain ,«c. 2z. Traquair begged that the King should be pro- Wh« Suppi- pitiated. The deputation from the City of Edinburgh cation and oci.,o, might wait on him at Whitehall, 'offering him their charter and the keys of their gates,' as a mere ma-'.ter of course, s The commissioners would hot hear of the suggestion.a ). 8. It must be settled once for all, whether it was in accordance with the law of Scotland that a king could change the forms of worship without the sanction of any legislative assembly whatever. At last, on December z , a copy of the General Supplication which had been drawn up in October, was formally handed in Oc. . by the commissioners to the Privy Council, accom- Protest panied by a formal demand that the case between against the bshopsre- themselves and the bishops might be judicially de- maining in the Councd. termined, and that the bishops might in the mean- while be removed from the Council. Belote long, Charles sent for Traquair, to hear from his own mouth his opinion on the state of affairs in Scotland. It ,63s. would have been well if he had more seriously a:- February. tended to that cool and dispassionate adviser. The Traquair in London. Lord Treasurer assured him that the Scottish people had no wish to cast off his authority, but that they would hot  Proclamation, Dec. 7, Zarge Declaratian, 46. "- ?otkes, 43.  Bill and Declinator, Dec. I, ibid. 5 o. 1638 CItA RLES  US TIFIES ItlkISEL. 327 ook on idly whilst their religion was assailed. Above all, they ,ere proud of their ancient independence, and they would not take orders from the Archbishopof Canterbury. I His Majesty must plainly understand that, if he wished the new Prayer ]3ook to be read in Scotland, he must support it with an arlny of 40,000 men. To withdraw the Service Book and to assert his civil autho- rity was the substance of this advice. Charles listened, but was not convinced. Traquair was sent back with orders to issue a proclamation which was virtually a declaration of war.  That proclamation was read on February 9, in the streets of Stirling, where the Council, after leaving Linlithgow, had been allowed to take up its quarters, rather than in the Feb. 19. The King's more distant Dundee. Charles truly asserted that defence of the Prayer he, and hot the bishops, was responsible for the look, issue of the Prayer Book. "As much," he said, "as we, out of our princely care of maintenance of the truc religion already professed, and for beating down of ail superstition, having ordained a Book of Colnmon Prayer to be compiled for the general use and edification of our subjects within our ancient kingdom of ScotIand, the saine was accordingly donc, in the perforlning whereof we took great care and pains so as nothing passed therein but what was seen and approved by us, before the saine was either divulged or printed, assuring ail our loving subjects that hot only our intention is, but even the very book will be a ready means to maintain the truc religion al- ready professed, and beat out ail superstition, of which we in our time do hot doubt but in a fair course to satisfy our good subjects." His Royal authority, he proceeded to say, was much impaired by the petitions and declarations which had  Zonca to the Doge, Jan. 2 Feb. ' Feb. "3 "9' x-'-, /larch 5' /ê/'t. Tl'altso'[d[s , d. O.  «' Your Lordship can best witness how unwilling I was that out toaster should bave directed such a proclamation ; and I had too just grounds to foretell the danger and inconveniences which are now like to ensue thereupon." Traquair to Hanlilton, M.trch 5, Hardwiclee 5: 1. il. o. llr. Burton must have overlooked this passage when he wrote that the proclamation was ' too nearly in the tone of the adviee which Traquair had given.' llist, ofScotland, vi. 477-. 3z8 TIIE SCOTTIStI COVENANT. cI-I. ,.xxxvl. been sent to hiin. Ail who had taken part in them were liable to 'high censure, both in their persons and their fortunes,' as having convened themselves without his permission. He was, however, ready to pass over their fault, provided that they returned home at once, and abstained from ail further meet- ings. If they disobeyed, he should hold them liable to the penalties of treason.i Charles could not sec why, if the Prayer Book had satisfied himself, it should not satisfy others. The objection that it • rhe Pr«es- had no legal authority he treated with contemptuous ,,ion. disregard. All the more tenaciously did the Scottish leaders cling to legal forms. As soon as the herald had fi nished his task, Johnston stepped forward to protest against the pro- clamation in their name. They treated it as the work of the Council alone, and announced that from that body they would accept no orders as long as the bishops retained their places in it. They demanded to have recourse to their 'sacred sove- reign, to present their grievances and in a legal way to pro- secute the saine before the ordinary competent judges, civil or ecclesiastical.' * If this appeal to the law was to have any weight with Charles, it must be supported by an appeal to the nation. Rothes, who lgothes's had been placed by his enero T and decision at the ¢ircular. head of the movement, despatched a circular letter to the gentlemen who had not hitherto supported the cause, urging them to lose no time in giving in their adhesion. The next step was to complete the work of organisation. The ThTUs comnfissioners appointed in November had been ' 'p- found too large a body to act as a central authority. From time to tiine a select committee had been appointed to communicate with the Councii, and that committee had been naturally selected from the different classes of which the nation was composed. Four separate committees were now appointed ; one formed of ail noblemen who might choose to attend, the otb.er three of four gentleinen, four ministers, and four borough representatives respectively. These coinmittees might meet i Proclamation, Feb. 19, Lae D,'daralion, 48.  Protestation, Feb. 9, ibid. 5 o. 1638 T]qE T,tBLES. Y'9 either separately or as one body. Sometimes to them, and sometimes to the larger body of the commissioners, the name of The Tables was given, in the popular language of the day.* These committees might form an unauthorised Government, and the commissioners an unauthorised Parliament ; but unless reb » more were donc, they would speak in their own naine An appeal to alone. Even Rothes's circular had been directed the nation nece»sary, only to the upper classes. It was necessary to touch the multitude. The thousands to whom it was a matter of in- difference whether the Church were ruled by bishops or by presbyters, had been deeply wounded bv the threatened inter- ference with their worship. The plan by which their inarticulate dissatisfaction was converted into a definite force was suggested by Archibald Johnston. In the days in which life and property had found no security from the law, the nobility and gentry of Scotland had been in Proposalto the habit of entering into 'bands' or obligations for renew the mutual protection. In x58i , when the country was Covenant of ,s, threatened by a confederacy of Catholic noblemen at home, supported by a promise of assistance from Spain, James had called on all loyal subjects to enter into such a 'hand' or covenant. Those who had signed this covenant pledged themselves to renounce the Papal doctrines, to submit 1 The question of the exact meaning of The Tables is not easy to an- swer. Row (Hist. ofthe A'irk, 486) speaks of the Commissioners by this naine. Gordon, who is tollowed by Mr. Burton, confuses the Commis- sioners with the Committees. The LaTe l)eclaralim2 puts the appointment of The "/'ables at this date, llmiting the number of the nobh.men to four. I follow Rothes, in hose 'elatiot the gradual development of The Tables can be traced. The Commissioners were chosen on Nov. 15 (p. 23. On Nov. 6 thirteen were solicited to wait on the Council (p. 26). On the 18tir six of the entry and some representatives of the boroughs remained in Edinburgh (p. 32). In December six or seven noblemen met with four out of each of the other classes to hold communication with the Council (P- 34). On Dec. 9 we hear of only twelve performing this office (p. 38). On Feb. 22 we are told, ' there was one Committee chosen of four barons, four boroughs, and four nfinisters, to join with Ihe noblemen,' the number not being st.ecified (p. 69). This seems to have becn the ultinmte form taken. At one imuortant meeting on June 9 (P. 146) there were six oblemen preseut. 33o THE SCOTT"Ib'H CO VE«VAA'T. cH. LXXXVI. to the discipline of the Scottish Church, and to' defend the saine according to their vocation and power.' Johnston and Hcnderson were now entrusted with the composition of addi- tions to this covenant appropriate to the actual circumstances, in order that the whole might be sent round to be subscribed ,by all who wished to throw in their lot with the resistance of the upper classes. As soon as Johnston and Henderson had completed ther work it was revised by Rothes, rob. 27. Loudoun, and Balmerino, and on the 27th it was laid before the two or three hundred ministers who happened to be in Edinburgh at the time. The additions proposed consisted in the first place of a long string of citations of Acts of Parliament passed in the days of Presbvterian ascendency. To touch the heart of the The addi- tions to tb« people, something more than this was needed. "We," Covenant. so tan the words which were soon to be sent forth to every cottage in the land, " Noblemen, Barons, Gentlemen, Burgesses, Ministers, and Çommons undersubscribing, con- sidering divers times before, and especially at this time, the danger of the true reformed religion, of the King's honour, and of the public peace of the kingdom, by the manifold :.nnova- tions and evils generally contained and particularly mentioned m out late supplications, complaints, and protestations, do hereby profess, and before God, His angels, and the world, solemnly declare that with out whole hearts we agree and re- solve al] the days of out life constantly to adhere unto and to defend the foresaid true religion, and--forbearing the practice of all novations already introduced in the matters of the worship of God, or approbation of the corruptions of the public govern- ment of the kirk or civil places and powers of kirkmen, till they be tried and allowed in the Assemblies and in Parliaments to labour by ail means lawful to recover the purity and liberty of the Gospel, as it was established and professed before the foresaid novations. And because, after due examination, we plainly perceive, and undoubtedly believe, that the innovations and evils contained in out supplications, complaints, and pro-  'othes, 6 9. 638 AN APPEAL TO HEA UE'V. 331 testations, have no warrant in the Word of God, are contrarv to the articles of the foresaid confessions, to the intention and meaning of the blessed reformers of religion in this land, to the above-written Acts of Parliament, and do sensibly tend to the re-establishing of the Popish religion and tyranny, and to the subversion and ruin of the truc reformed religion and of our liberties, laws, and estates; we also declare that the foresaid confessions are to be interpreted and ought to be understood of the foresaid novations and evils, no less than if every one of them had been expressed in the foresaid confessions, and that we are obligetl to detest and abhor them amongst other par- ticular heads of papistry abjured therein ; and therefore from the knowledge and conscience of our duty to God, to our King and country, without any worldly respect or inducement, so far as human infirmity will surfer, wishing a further measure of the grace of God for this effect, we promise and swear, by the great naine of the Lord our God, to continue in the profession and obedience of the foresaid religion, that we shall defend the same and resist all these contrary errors and corruptions, according to our vocation, and to the uttermost of that power that God hath put in our hands all the days of our life ; and in like manner with the saine heart, we declare before God and men that we bave no intention nor desire to attempt any- thing that lnay turn to the dishonour of God, or to the diminu- tion of the King's greatness and authority ; but, on the contrary, we promise and swear that we shall, to the uttermost of our power with our means and lires, stand to the defence of our dread Sovereign, the King's Majesty, his person and authority, in the defence of the foresaid true religion, liberties, and laws of the kingdom, as also to the mutual defence and assistance, every one of us of another in the saine cause of maintaining the true religion and his Majesty's authority, with our best counsel, our bodies, means, and whole power, against all sorts of persons whatsoever ; so that whatsoever shall be donc to the least of us for that cause shall be taken as donc to us all in general and to every one of us in particuar ; and that we shall neither directly nor indirectly surfer ourselves to be divided or withdrawn by whatsoever suggestion, combination, allurement, 332 TRE SCO TTIStt CO VEArANT. CH. LXXXVl. or terror from this blessed and loyal conjunction, nor shall cast in any let or impediment that lnay stay or hinder any such re- solution, as by cornmon consent be found to conduce for so good ends ; but, on the contrary, shall by all lawful means labour to further and promote the saine, and if any such dan: gerous and divisive motion be ruade to us by word or writ, we and every one of us shall either suppress it, or if need be shall incontinent make the saine known, that it may be timeously obviated ; neither do we fear the foul aspersions of rebellion, combination, or what else our adversaries from their craft and malice would put upon us, seeing what we do is so well warranted and ariseth from an unfeigned desire to rnaintain the true worship of God, the majesty of our King, and the peace of the kingdom for,the c.ommon happiness of ourselves and our posterity ; and because we cannot look for a blessing from God upon our proceedings, except with our profession and subscription we join such a lire and conversation as be- seemeth Christians who have renewed their covenant with God we therefore faithfully pïomise for ourselves, our followers, and all others under us, both in public, in our particular familles and personal carriage, to endeavour to keep ourselves within the bounds of Christian liberty, and to be good examples to others of all godliness, soberness, and righteousness, and of every duty we owe to God and man ; and that this our union and conjunction may be observed without violation, we call the living God, the searcher of our hearts, to witness, who knoweth this to be our sincere desire and unfeigned resolution, as we shall answer to Jesus Christ in the great day and under the pain of God's everlasting wrath, and of infamy and of loss of all honour and respect in this world ; lllOSt humbly beseeching the Lord to strengthen us by His Holy Spirit for this end, and to bless our desires and proceedings with a happy success, that religion and righteousness may flourish in the land, to the glory of Go, the honour of out King, and peace and comfort of us ail."  The Covenant thus worded was eheerfully accepted by the Large Dec!aration, 57. x638 TttE CO VEA'ANT SIGNED. 333 ministers to whom it was proposed.  On the 28th it wascarried "rheCo,,«- to the Grey Friars' Church, to which ail the gentle- nantslgned men present in Edinburgh had been summoned. bï_ the bdityand Henderson and another minister named Dickson, g«nty; who was even more enthusiastic than himself, were prepared to give satisfaction to ail who expressed doubt. Few came forward to criticise, and those few were easily persuaded. At four o'clock in the grey winter evening, the noblemen, the Earl of Sutherland leading the way, began to sign. Then came the gentlemen, one after the other, till nearly eight. March x. by th« The next day the ministers were callëd on to testify ct«rgy; their al)proval , and nearly three hundred signatures were obtaincd belote night. The commissioners of the boroughs signed at the saine time. 2 On the third day the people of Edinburgh were called on to attest their devotion to the cause which was represented by the Covenant. Tradition long loved to tell how the Match a. nd by th« honoured parchment, carried back to the Grey Friars, peopl¢. was laid out on a to.bstone in the churchyard, whilst weeping muhitudes pre.';sed round in numbers too great to be contained in any building. There are moments when the stern Scottish nature breaks out into an enthusiasm less passionate, but more enduring, than the frenzy of a Southern race. As each man and woman stepped forward in turn, vith the right hand raised to heaven belote the pen was grasped, everyone there present knew that there would be no flinchmg amongst that hand of brothers till their religion was sale from intrusive violence.  Modern narrators may well turn their attention to the picturesqueness of the scene, to the dark rocks of the Castle crag over against the churchyard, and to the earnest faces around. The men of the seventeenth century had no thought to spare for the earth beneath or for the sky above. What they  1Cotises, 7I.  Ibid. 79- a The general signature is not described in contemporary accounts. The 28th and Ist were too fully occupied, and I have therefore assigned it to the 2nd, though there is no direct evidence about the date. 334 THE SCOTTISH COVENANT. CH. LXXXVL saw was their country's faith trodden under foot, what they felt was the joy of those who had been long led astray, and had now returned to the Shepherd and Bishop of their souls. No one in Scotland had so lnuch reason as Traqualr to regret the King's ill-advised persistency. " Many things have been COlnplained on," he wrote on the first day ot r Feb. 28. Traquair's signature; " but the Service Book, which they con- letter, ceive by this proclamation, and the King's taking the saine upon hilnself, to be in effect of new ratified, is that which troubles theln most ; and truly, in my judgment, it shall be as easy to establish the Missal in this kingdom as the Service Book, as it is conceived. The hot urging the present practice thereof does no way satisfy them, because they conceive that what is done in the delaying thereof is but only to prepare things the better for the urging of the same at a more con- vement tilne ; and, believe me, as yet I see nota probability of power within this kingdoln to force them ; and whoever has informed the King's Majesty otherwise, either of the Book itself or of the disposition of the subjects to obey his Majesty's commandments, it is high time every lnan be put to make good his own part." 1 Such views were hot confined to Traquair. Spottiswoode, M,r«h t. speaking n behalf of the bishops, avowed to the opinion of Council that peace was hopeless unless the Service Spottis- wood«, 13ook were openly withdrawn. The Council itself March 2. was of the saine opinion, and they despatched one of and of the Coun«il. their number to the King to implore him to listen to the ievances of his subjects, and to suspend ail those orders which had given rise to the late disturbances.  It is hardiy likely that even the promptest acceptance of this advice would now have appeased the Scottish nation. The An Asmbly Covenant had appealed to Asselnbly and Parliament and l'arlia- aS the legal basis of the national religion, and no mere ment de- ,rnaa. withdrawal of the obnoxious orders would any longer suffice. An Assenbly and Parliament must meet to pronounce those orders to bave been utterly and scandalously illegal. * Traquair to Hamilton, Feb. 28, Iarardzvicke S. 19. il. 99.  Extracts from the Register of the Privy Council, 27aillie, i. 458. 1638 THE ILA M'E THRO IVN ON LA UD. 335 Even the lesser demand of the Councii met with appa- rently insuperable resistance in Charles's mind. He knew well that it was not the fortune of Scotland only Charles's relu«tance which was involved in his decision. Englishmen to give ,ay. about him, he believed, in all probability with truth, were already in correspondence with the Northern malcontents, and were hoping that the example which had been set at Edin- burgh might one day be followed in London. His Scotti.sh servants were hot lacking in sympathy with their countrymen. One poor example was ruade. Archie A_mstrong, Match t t. Archie Arm- the King's fool, railed at Lauà in his cups as a monk, pel,«a frora a rogue, and a traitor. I.aud was umvise enough to Court. complain to the King. The unlucky jester was called before the Council, sentenced to have lais coat pulled over his Match tT. ears, to be discharged from the. King's service, and Archie tO be sent before the Star Chalnber for further punish- excused a flogging, ment. The Star Chamber would probably have ordered him to be soundly flogged, but Laud at last inter- fered, and Archie escaped the lash. Others besides Archie bore ill-will to Laud as the adviser of the King's refilsal to content the Scots. The English • rb« ,,gih Privy Councillors protested that they were not re- ,,,«ilo,.. sponsible for conduct on which their advice had throw the u--« o, hot been asked. Charles was only annoyed at their L--d. evident belief that he had been acting under Laud's dictation. In an angry voice he assured the Council that he had never taken the advice of any Englishman in the affairs of Scotland.  It needs no proof to show that Charles's policy of pro- crastination was indeed his own. Week after week The King's procrastina- passed away, with no resolution taken. The Cove- tio,, nanters were not so remiss. By the end of April wellnigh the whole of Scotland had rallied to their cause. In  Council Register, March  , 7- Garrard to Wentworth, Match $traï«rd Letters, ii. 15z. ]fushworth, ii. 47. t Zonca's despatches, idarch , 30 April z, 9 ' Ién. Tran.wripl$, 17... O. ]3 6 TttE SCOTTISH CO VENANT. cH. LXXXVt. every town, in every village, in every secluded nook, the most Apit. influential landowners, the most eloquent preachers Circulation were ready to pour their arguments into willing ears. of the Cove- ,,t. No doubt, as in every such movement, much is to be laid to the accourir of the excellence of the organisation provided by its leaders. Much of the reasoning used would hardly bear the test of a critical examination. Charles's Service Book certainly did hot deserve all the hard things that were said of it. None the less was the resistance of Scotland the result of a determination to be true to the motto of the Scottish Thistle. Scotland bas never at an),time distinguished itself as the originator of new ideas in religion or goernment ; but it bas ever shown itself to be possessed of the most indis- pensable quality of a hardy and vigorous people, the determina- q'h« cottish tion to be itself, and hot what external force might mistance, choose to make it. The Scottish nation had done well to pay a heavy price in the thirteenth century for its politi- cal independence. It did well in the seventeenth century to pay a heavy price for its ecclesiastical independence. For the sake of that, it renounced the wide sympathies of the cultured intellect, and hardened its heart like a flint against all forms of spiritual religion which did not accord with the fixed dogmatic teaching which it had borrowed flore Geneva. Calvinism had but scant regard for the liberty of tF.e individual conscience. Its preachers felt themselves called upon to set forth the un- alterable law, and the law which they preached came back to them in the voice of their congregations. In the many there was no sense of any restriction placed by the system upon themselves. To the few it became an insupportable tyranny--a tyranny which would be more than ordinarily felt in the hours of danger through which the nation was then passing. To reject the Treatmentof Covenant was not merely to differ in belief from the tho,ho lmtltitude ; it was to be a traitor to the country, to refued to sign. be ready to help on the foreign invasion which would soon be gathering in the South. Those who still held out were met with dark looks and threatening gestures. "The greate that the number of subscribents grew," we hear from one who remembered that rime well, "the more imperious they were in 1638 SUBSCRIPTIO2VS ENFORCED. 337 exacting subscriptions from others who refused to subscribe, so that by degrees they proceeded to contumelies and re- proaches, and some were threatened and beaten who durst refuse, especially in the greatest cities--as likewise in other smaller towns--namely, at Edinburgh, St. Andrews, Glasgow, Lanark, and many other places. Gentlemen and noblelnen carried copies of it about in portmantles and pockets, requiring subscription thereunto, and using their utmost endeavours with their friends in private for to subscribe. It was subscribed publicly in churches, ministers exhorting their people there- unto. It was also subscribed and sworn privately. Ail had power to take the oath, and were licensed and welcome to corne in, and any that pleased had power and licence for to carry the Covenant about with him, and give the oath to such as were willing to subscribe and swear. And such ,cas the zeal of many subscribents that, for a while, many subscribed with tears on their cheeks, and it is constantly reported that some did draw their own blood, and used it in place of ink to underscribe their names. Such ministers as spoke most for it were heard so passionately and with such frequency, that churches would not contain their hearers in cities .... Nor were they scrupulous to give the Covenant to such as startled, at any point thereof, with such protestations as in some measure were destructive to the sense thereof ; so that they got subscriptions enough there- unto ; and it came to that height in the end, that such as refused to subscribe were accounted by the test who sub- scribed no better than Papists." 1 If honour be due to the nation which refused to shift its religion at the word of COlumand, honour is also due to those cas« of who, from whatever conscientious motive, refused to ».,-id sign their names to a lie for the sake of peace. Such Michell. men went about the streets of Edinburgh in fear of their lives. David Michell, one of the recusant ministers, was dogged by gentlemen with drawn swords. The cry of "If xe had the Popish villain !" was thrown at him as he passed.  Yet it is worthy of notice that these threats led to nothing worse.  Gordon, 45.  Michell to the Bishop of Raphoe, Match I9, t?«illie, i. 263. VOL. VIII. Z 77-t SCOTTISH COVA'.A2V2 r c. LXXVL No bloodshed, except in avowed war, stained the cause of the Covenant. Practically the nation was united. A few great landowners stood aloof from the movement. A few amongst the clergy took alarm. Scholars like Drummond of Hawthorn- Practical unityofthe den dreaded the rising flood of popular passion nation, which thrcatened to overwhelm their quiet studies. Some there were who signed in defiance of their conviction, and many more who signed in ignorance of the meaning cf their promises. But on the whole the nation swayed torward under the influence of strong excitement, as the cornfield sways undcr the breeze. To the King the Scottish Covenant was much more than an assertion of Puritanism. By its appeal from himself to Par]ia- ment and Assembly, it was in his eyes something What Chr« very like a declaration of republicanism. Yet, re- thought of ,he Cove- solved as he was to resist such pretensions to the nant. utmost, he knew not where to turn for the force which he needed. Though he had little idea how deep the dissatisfaction in England was, he knew enough to be aware that there were many of his subjects who would hot flght very enthusiastically in this cause. Army he had none, in the sense of a disciplined body of men, ready to act independently of the state of popular opinion, and his fleet would hot be of much avail unless it could be used in support of an army. It was at least possible to do something to improve the organisation of the navy. The Navy Commission which had .%,u,» been appointed on Buckingham's death was still in Northum- office, and Charles had perhaps intended that it I rland Lord Admiral. should remain in office till his second son, James, whom he had created Duke of York, and who was not yet rive years old, should becolne capable of performing the duties of a Lord Admiral. In view of the approaching conflict, it was necessary that some other arrangement should be ruade. Northumberland, who had commanded the fleet on its last year's cruise, was therefore created Lord Admiral during the King's pleasure. At the saine time an instrument conveying the office to the young prince was executed, and consigned to t638 A DIFFICULT PosITION. 339 the safe recesses of the Council chest, to be drawn forth when- ever the King wished it to be put in force. Northumberland fell ill shortly after his appointment, and was therefore unable to COmlnand the fleet in person. Even if May. it had been otherwise, no scheme of warlike pre- Chares re- paration had been framed in which the f/eet could solves to ,egott« possibly have taken part. Charles fell back on diplo- macy. It was necessary for him 'to gain time' till he might be able to intervene with effect. Yet it would be to misunder- stand his character and position, to suppose, as bas been so often supposed, that he had ruade up his mind to deceive the Scots by offering concessions which he never intended to make. He knew that he nmst abandon the position which he had taken up in the previous summer ; but he now fancied that it would be enough if he offered to modify the Court of High "Colnmission, and to give assurance not to press the Canons and the Service Book, except in ' such a fait and legal way as' should satisfy his subjects that he intended no 'innovation in religion or laws.' So far he was prepared to go. He was, however, strongly of opinion that the Scots would not be content with this, and he believed that their leaders at least were bent upon throwing off his lawful authority. The Covenant must therefore be surrendered as a standard of rebellion.  Spottis- woode sensibly told him that this demand would make all neg. tiation impossible. He answered curtly, that till the Covenant were abandoned he had no more power than a Doge of Venice. a The request he plainly believed to be a righteous one. It was the fault of the Scots if they did not see it in the saine light. The mere demand would give him time to push on his prepara- tions. If that were to his advantage, the blame would lie with those who rejected such reasonable terres. As the bearer of this overture, Charles selected the Marquis of Hamilton, whom he had for many years consulted on every subject relating to Scotland. Of all men living Hamilton had the greatest share of the King's confidence, and was probably  Northumberland's appointment, April 3, 'atent Rolls, 13 Charles I. Part 38, Council egister, April 8.  Burnet, Zives ofthe Itamiltons, 43.  Ibid 46. 34o 7"ttE SCO TTISIf CO VENANT. cti. LXXXVl. the most Ullfit to be trusted with the difficult task now assigned to him. The charge which was often brought against l-lamiltor, to go_,Co- him by contemporaries of wishing to seat himself n,issioner, upon his master's Scottish throne, as the next heir ni» char¢- after the Stuart line, is doubtless withott foundation.  ter. Everything that we know of him lends itself to the supposition that he felt a warm personal affection for Charles. But even a warm personal affection may easily be clouded over by other passions. When the chivalrous Lovelace as- sured the lady of his heart that he could not love her so much unless he loved honour more, he laid down a principle which holds good in other relations of life than those which exist between man and woman. Attachment arising out of personal admiration, or out of the amenities of personal intercourse, is liable to interruption or decay. Attachment arising out of community of sentiment and community of sacrifice for a common object is subject to no such danger. The enduring loyalty of Wentworth saw in Charles not merely a gracious sovereign, but the symbol of a great political principle. The loyalty of Hamilton saw in Charles a blindly devoted toaster, who had been the founder of a great part of his personal for- tune. He wished to support and maintain the King's authority, but he wished still more to foster his own wealth and state under the shadow of that authority. He would serve the King, but he could not serve him with a perfect heart. To the King he owed the high position which set him apart from other Scottish subjects, and which exposed him to the jealousy of hls brother nobles; but the permanent supports of his family, the broad estates, the attached hearts of followers and de- pendents, were to be found in the rich valley through which the Clyde poured its stream, under skies as yet undimmed by the smoke of a mighty industry. While every feeling of his heart, every demand of his interest, urged him to be the paci- ficator of the strife, he might easily be led to seek the ac- complishment of his object by means which might possibly do credit to his impartiality, but which were by no means Vol. VII. p. 18z. x638 .,4 DESPMIRING DIPLOM'M TIST 34t befitting an anabassador trusted by one of the parties in the quarrel. To the religious aspect of the strife Flamilton was pro- foundly indifferent. If only the Scots would keep quiet, it ttisindiffer- mattered nothing to him whether they read their ence to the prayers out of the new book or not. It was the religious »ideithe indifference of contempt, not the indifference of dispute, wisdom. He was just the man to advocate a com- promise, just the man too not to sec on what terres a com- promise was possible. He would shift lais ground from day to day because, if he did not take his stand on the principles of either of the contending parties, he had no principles of his own to secure him against the attraction or repulsion of every accident that occurred. It is not unlikely that this want of settled principle ex- pressed itself, unconsciously to himself, in that gloomy de- rvis ŒEe.pon- spondency for which he was notorious. He never dent retaper, undertook any work without rapidly coming to the conclusion that success was only attainable by an entire change of plan. He was frequently engaged in war and in diplomacy. Whenever he was engaged in war he became absolutely certain that negotiation would give him everything that he wanted. Whenever he was engaged in diplomacy he was sure that war, and war only, would accomplish the ends which he had been sent to obtain by negotiation. Already, before he could set out from England, he felt the difficulties of his task. " I bave no hope in the world of doing good," he said to Con, " without coming to blows. Hamilton despairs of Our countrymen are possessed by the devil. The »u««e». judgment of God is to be seen in the business ; for though the King is ready fo pardon them, and to do ail that they want, they continue to make new demands, and bave now published orders that none of the Covenanters shall meet the King's Commissioners." l It was too truc Hamilton was ruade to understand that he was to treat with the Covenanting leaders, and must not pass  Con to Barberîni, June , Add. MSS. 5,39x, fol. 04. 342 THE SCO TTISH CO VENANT. CH. LXXXVI. them over to address their followers. Dalkeith was appointed as the place of meeting. Before he reached it, an June 4. His arrival affair occurred which inflicted on him a fresh indig- i, Sçot-na. nity. A vessel arrived at Leith laden with warlike stores for the garrison in the Castle of Edinburgh, which was comlnanded by the Earl of Mar, but which Hamilton The powder ship at hoped to secure for the King. The Covenanters .eith. would not allow it to land its cargo. At last Traquair carried off the gunpowder on board and stowed it away in Dalkeith House. The Covenanting leaders at once refused to go near so dangerous a spot, and set guards round the Castle to hinder the introduction of the powder. 1 On June 7 Halnilton was able to give an account of the state of affairs. He had an interview with Rothes, and had ju,es, told him that if the terres which he brought were Hamilton's rejected, the King would corne in person to Scotland interv,:w with Rothes. with 4o, ooo men at his back. Rothes did hot appear to be terrified. Ail that Scotland wanted, he said, was that their religion might be so securely established that no man might alter it hereafter at his pleasure. * Before leaving England, Hamilton had received from Charles two alternative forms of a declaration which he was expected to publish, in the one the demand for the June 7- Hamilton's surrender of the Covenant was plainly worded. In accourir of the situa- the other it was shrouded in vague exhortations to tion. obedience. Hamilton now assured the King that it was only in the latter form that it would be possible to read the declaration at ME s The Covenanters would be content with nothing short of an abolition of the obnoxious forms, including the Articles of Perth, by an Assembly and Parliament, together with a limitation placed upon the authority of the bishops. The King must therefore be prepared to invade Scotland with a royal army. He was certain to gain a victory, but he must remember that it would be gained over his 'own poor people,' and he might perhaps prefer 'to wink at their  othes, , 9. " Ibid. I35. s I suppose this is what he means by dividing the Declaration. At events, this is what he l'esolved on two days later. 638 ttA]VIIL TON IN SCOTLAND. 343 madness.' As long as that madness lasted, they would 'sooner Iose their lives than leave the Covenant, or part from their demands--imiertinent and damnable as they were.' If the Covenanters could hOt force him to give way, they would call a Parliament themselves. "Be confident," he added, "they, by God's grace, shall neither be able to do the one nor the other in baste, for what I cannot do by strength I do by cunning," 1 Hamilton was, perhaps, using his cunning to frighten Charles into those further concessions which now appeared to him to offer the only chance of peace. Charles, J,ane t t. The King's however, did hOt take the hint. He replied that he instructions. was hastening his preparations. "In the meantime," he continued, "your care must be how to dissolve the multi- tude, and--if it be possible--to possess yourselves of my castles of Edinburgh and Stirling, whiih I do hOt expeit. And to this end I give )'ou leave to flatter them with what hopes you please, so you engage hOt me against my grounds--and in particular that you consent neither to the calling of Parliament nor General Assembly, until the Covenant be disavowed and given up ; your chief end being now to win time that they may hot commit public follies until I be ready to suppress them."  In the main point, in shcrt, there was to be no concession, but on matters of lesser importance Hamilton was to spin out the negotiation as long as he could. Before this letter was written, Hamilton had entered Edin- burgh. The whole population of the town, swollen by numbers JnneS. wbo had flocked in from the country, appeared to Hamilton receive him. He reported that at least sixty thousand enters Edin- burgh, lined the roads. Five hundred lninisters in their black gowns were there. Eluding their purpose of greeting him with a public speech, he ruade his way to Holyrood to hear what they had to say in private. So pleased was he with his reception, that he requested the King to put off any warlike i Hamilton to the King, June 7, r-]amilton ta; ers, 3.  The King to Hamilton, June , urnet, 55- The letter is a reply to the one of the 7th, hOt to the one of the 4th mentioned in the beginning ot it. 344 THE SCO TTISH CO VENANT. CH. LXXXVh effort till he had seen what he was able to accomplish in Edin burgh. The Covenanters, it was true, were not to be induced to surrender the Covenant at once, but it would be possible to obtain other concessions which fell short of that.  In less than a week Hamilton discovered that even these modified hopes had been far too sanguine. On the I5th he wrote that even the Councillors of State declared the June x5. ri «isap- Covenant to be justified by law, 'which,' he added, poix, trnent. 'is a tenet so dangerous to monarchy, as I cannot vet see how they will stand together.' _Ail that was tobe done was to stave off the inevitable rebellion till the King was ready to crush it. He had not dared to publish the Declaration even iu its curtailed form. Nothing short of the immediate meeting of an Assembly and Parliament would satisfy the Covenanters. On any terms short of this it was useless to continue the negotiation. Of the chance of a successful resistance he was equally hopeless. He had sent Huntly and a few other loyal noblemen to their homes to form the nucleus of opposition. Lord Antrim, who as a MacDonell had claires to lands in the Western Highlands, might bring an Irish force to the King's aid. But the immediate prospect was most gloomy. It was useless to expect to gain possession of Edinburgh Castle. There was not much comfort to be given. "When your power comes," wrote Hamilton, "I hope in God, He will give you victory but, believe me, it will be a difficult work and bloody." The next day Hamilton suggested a fresh way out of the June 6. difficu!ty. Might not the Covenanters add an ex- Hamilton planation to the Covenant, declaring that they had suggests that the Cove- no wish to infringe on the authority of the King? nanters shall Charles, however, shrank from acknowledging a de- explain thn Cov«nant. feat so plainly. No explanation would conceal the fact that he had given way because he could not cope with the ju«2o, forces arrayed against him. He therefore replied Charles that he was making ready for war. In six weeks prepares for ,»a. he should have a train of artillery consisting of forty pieces of ordnance. ]3erwick and Carlisle would soon be se- ' Hamilton to the King, June 9, Itami#on l'apers, 7.  Idem, June 5, ibid. 9. t638 HA.IIIL TO_/V' S .IIEDIA TION. 345 cured against attack. He had sent to Holland for arms to equip 4,ooo foot, and 2,000 horse. The Lord Treasurer had assured him that he would have no difficulty in providing 2oo,oooL He was about to despatch the fleet to the Firth of Forth, and 6,000 soldiers should be sent with it, if Hamilton could make sure that they would be able to land at Leith.  A few days later Charles was still resolute. "I will only say," he wrote, "that so long as this Covenant is in force--vhether it be with or without explanation--I have no more power June 5. in Scotland than as a Duke of Venice, which I will rather die than suffer ; yet I commend the giving ear to the explanation, or anything else to win time, which now I see is one of your chiefest cares." He added that he should hOt be sorry if the Covenanters even proceeded to call a Parliament and Assembly without authority from him. By so doing they would only put themselves more completely in the wong.  Hamilton had already discovered that it was hOt so easy to win time as Charles imagined. He threatened to break off the .1,,, 24. negotiation, to return to England, and to advise the Hmitto, King to take another course. At last he obtained talks of re- turning to an engagement from the Covenanters that they would England. disperse to their bornes, and would take no forward step for three weeks, during his absence, on the understanding that he would do his best to induce the King to summon an Assembly and a Parliament. In announcing this arrangement to Charles, Hamilton ruade the most of the delay that he had gained. It was possible, he said, that, having once dispersed, the Covenanters would return in a better frame of mind. They would certainly hOt surrender the Covenant, but they would perhaps ' hOt so adhere to it' as now they did. He had also something to say about the im- pending war. He could hot secure the landing of the pro- posed force of 6,000 men, but a lesser number might be brought in the fleet to make incursions in File and the Lothians. Dumbarton was already in sale hands, and he was in treaty with the Earl of Mat for the surrender of Edinburgh Castle  The King to Hamilton, June 2o, t?urnet» 59. " Idem, June 25, ibid. 6o. 346 TttE SCOTTIStt CO VENANT. CH. LXXXVI. tO himself. Yet he could hot deny that the Covenanters were also active, and were importing arms freely from the Continent. ! In reply, Charles gave the required permission to return. The Commissioner was to promise nothing which would after- June 29. wards have to be refused. He might, however, recall Hamilton the law courts to Edinburgh, and give some vague has leave to return, hopes of a future Assembly and Parliament. On the other hand, the Declaration in its amended form must be published before he left Edinburgh. * Hamilton had already set out for England when this letter reached him. He at once turned back, and on July 4 the Ju|y 4. King's Declaration was read at the Market Cross at "rheDe«t- Edinburgh. Covenanting Scotland was informed • -a,n r«-,l, that the Canons and Service Book would only be pressed in a fait and legal way. Once more, as soon as the herald had fulfilled his task, a protestation was read in reply. The Covenanters again Another pro- pealed to Assembly and Parliament as the only lawful testation, judges of their cause. Nor did they fail to make it known that the Asselnbly which they contemplated was a very different one from those gatherings which had ratified the will of James with enforced subserviency. Bishops were to have no place there excepting as culprits to give an account of their misdeeds. Of this Assembly they began to speak in terres to which a servant of K-ing Charles could hardly dare The Divine right of as- tO listen. It was openly said that the right to hold se,li, assemblies came direct from God, and that no earthly prince might venture to interrupt them. z The long controversy was slowly disentangling itself. The claire of Charles to cast the religion of his subjects in the mould which seemed fairest in his eyes was met by the stern denial of hs right to meddle with religion at ail. This outburst of Scottish feeling penetrated to the Council chamber itself. Before nightfall many of the Privy Councillors,  Hamilton to the King, June 24, t[amiiton 19apers, 14. " The King to Hamilton. June 29, ]3urnet, 6I. s Potestation. Large ]_)edaration» 98. 1638 RESISTAWCE IN SCOTLAA'D. ?47 who in the morning had given an official approval to the TheCouncil Declaration, signified their determination to with- ta,es part a,ainst the draw their signatures. Unless this were permitted, Ïêclaration. they would sign the Covenant at once. To save Julys. himself from this indignity, Hamilton tore up, in their presence, the paper on which their approval had been recorded.  Whilst the Lord Commissioner was still arguing with the Council, a deputation from the Covenanters arrived to remon- I)eputation strate against the language ofthe Declaration. Hamil- from th« ton replied with firmness. The Council, he said, cov«a,t«,». , knew what they did, and would answer it. ' When the members of the deputation took leave, he followed them They are OLlt of the room. "I spoke to you," he is reported encouraged by Hamil- tO have said as soon as he was in private with them, to,. "before those Lords of the Council as the King's commissioner ; now, there being none present but yourselves, I speak to you as a kindly Scotsman. If you go on with courage and resolution, you will carry what you please ; but if you faint and give ground in the least, you are undone. A word is enough to wise men. ''3 "What I cannot do by strength,'" he had explained to Charles, " I do by cunning." Hamilton's cunning was as in- effectual as his strength. Itis not necessary to suppose that he wished to ruin his toaster. He probably wanted simply tobe on good terres with all parties, and thought, as was un-  Hamilton to the King, July 4, ttamilton Paliers , 2. turnet, 64.  Rothes, 75. s These words are given by Guthry (3îémoirs, 40). He says that he heard the story on te saine day from a person who had been told it by Cant, who was himselfone of the deputation, and heard it again, ' in the very saine terms,' that evening from Montrose, who was another of the deputation. It does not follow that the ver), words are accurately set down by Gtthry when he came to write his Memoirs. The belief that he 'as playing a double gaine was too common in Scotland hot to bave had some foundation. The English author of the curious narrative printed in the Appendix to the ttamilton taers (263), says that ' he gave them advice as his countrymen to keep to their own principles, lest the English nation .... should encroach ulon them.' THE SCOTTISIt COVENANT. CH. LXXXVlo doubtedly the case, that it would be better for Charles, as well as for Scotland, that he should accept the terres which appeared to be inevitable. With this object in view, it was to him a nmtter of indifference whether Charles frightened the Scots into surrender, or the Scots frightened Charles into concessions. As the first alternative appeared to be more than ever improbable, he now took his journey southward, with the hope that Charles would give way more readily than his subjects. He Harn[Iton's rtur to was prepared to urge him to give his consent to the Egld. meeting of Assembly and Parliament, to allo' them fo give a legal condemnation to the recent ecclesiastical inno- vations, and even to place the bishops for the future under the control of the General Assembly. It might well be doubted whether Charles would be prepared to yield so much. There could be no doubt whatever that the Scots would not be content with lest. 9 CHAPTER LXXXVII. THE ASSEMBLY OF GLASGOWo Or July x, a few days before Hamilton set out for England, Charles for the first time broached the subject of the Scottish troubles in the Enghsh Privy Council. The necessity x638. July 1. Of placing Berwick and Carlisle in a state of defence, The English Councilin- nmde it impossible to treat the matter any longer formd ofthe stateof as one in which England was wholly unconcerned. r,irs. The King spoke of his wish to have brought about a religious uniformity between the two kingdoms. He explained that he had now found it necessary to entrust Arundel with the work of strengthening the border fortresses, but that he had no intention of dealing hardly with the wild heads in Scotland, if they went no farther than they had gone as yet. Beyond this vague statement he did not commit himself. No opinion -as asked from the Privy Councillors, and none was given. Charles was doubtless not unconscious of the difficulty of gathering an adequate military force. That weary look, which, transferred to the canvas of Vandyke, gained for Charles so many The King's despond- passionate admirers, was now stealing over his coun- «Y tenante. For the first time in his life he left the tennis-court unvisited, and, except on rare occasions, he avoided the excitement of the chase. He announced that, this year, his progress would be but a short one, and that he would return to Oatlands before the middle of August at the latest.  It is not improbable that Charles really fancied it to be possible to subdue Scotland without invading it, and without summoning  Garrard to Wentworth, July 3, Strafford Zettœers, ii. 79. Zon¢a's despatch, July  én. Transcrits» R. O. 35 ° TttE ASSEMBLY OF GLASGOI, V. ca LXXXVII. an English Parliament. On the very day on which he ruade his communication to the Council, a legal opinion was placed in his hands by Bankes, in which the Attorney-General treated the greatest political question of the day from the point of view of a mere lawyer. In this paper the King was informed that he was entitled by law to send all persons who held lands or offices from him in the North of England, to repair thither and to be armed at the expense of their own counties for the defence of the realm. He might also command the towns in the North to erect fortifications at their own charges. When an invasion had thus been rendered impossible, the English navy might be ordered to blockade the coast of Scotland. In this way the Scots would be obliged to submit without the intervention of an English army. I Even Charles could not long continue to believe that the North would really be secured by the means which appeared to Bankes to be sufficient. Before long, though he July. The (Zona- still hesitated to consult the Privy Council as a whole mittee on Scotch on the subject, he directed the formation of a com- affairs, mittee from amongst its members in order that it might advise him on the practicability of an armed interference in Scotland. The committee was soon hopelessly divided in opinion. The Catholics and semi-Catholics--Arundel, Cotting- ton, and Windebank--were for instant war. Vane, Coke, and Northumberland hesitated in the face of its enormous dif- ficulties. With all the financial ilnprovement of recent years, Charles's income was insufficient to bear an extraordinary strain. The promise of 2oo, ooo/ ruade by Juxon a few weeks before had not been realised. Only zoo/. were at the moment in the exchequer. The utmost that could be raised by borrowing was i io,ooo/., a sure which would go but a little way towards the maintenance of an army. What was of more consequence was, that the recent decision in the ship-money case had re- vealed the discontent of the English people, and it was freely acknowledged that they were more likely to support the Scots than to draw their swords for the King. 2 -' The Attorney-General to the King, July. , Melbourne MSS.  othumberland to Wentwoth July z3, Strafford Zetters, ii. 8 5. 1638 IVENT[VORTH II"V IRELA.VD. 35x In these desperate circumstances, it was natural tht the thoughts of those who cared for the maintenance of the King's Attention authority should cross St. George's Channel. There a.,n to at least was a man who had shown that it was possible Ireland. to educe order out of chaos. Might hOt the force which had curbed Ireland be cmployed to restore discipline in Scotland? Never had Wentworth been so hopeful of the success of his great experiment as in the summer of i637. In August, just x637. as the Scottish resistance was growing serious, he set August. Wentworth's out fo1" the west. In a letter to Conway he described, progresin with much anmsement, the triumphal arches erected the west of lreland, in his honour, and the long speeches of welcome inflicted on him by the magistrates of the towns through which he passed. He was well satisfied with the more serious business of his journey. "Hither are we corne," he wrote from 1Ameick, "through a country, upon my faith, if as well husbanded, built, and peopled as are you in England, would show itself not much inferior to the very best you have there. The business we came about is most happily effected, and His Majesty now entitled to the two goodly counties of Ormond and Clare, and which beauties and seasons the work exceedingly--with all possible contentnent and satisfaction of the people. In all my whole life did I never see, or could possibly have believed to have found men with so much alacrity divesting themselves of ail property in their estates, and, with great quietness and singleness of mind, waiting what His Majesty may in his gracious good pleasure and time determine and measure out for them. I protest I that am, to my truth, of a gentle heart, find myself extremely taken with the manner of their proceeding. They have ail along, to the uttermost of their skill and breeding, given me very great expressions of their esteem and affection, so as I begin almost to be persuaded that they here could be content to have me the mmister of His Majesty's favour towards them as soon as any other." 1 Such a letter shows Wentworth at his best. It is probable  Wentworth to Conway, Aug. z, 637, S. t:'. Ireland, Bundle 286. 5 TttE ASSE3IBLY OF GLASGOU. CH. LXXXVII. that the days of this summer progress were the last of unalloyed Ormond and happiness that he ever enjoyed. He could hardly Cla,rickar«. doubt what was the cause of this unexpected loyalty. At Galway, two years belote, he had acted in defiance of the great tribal lord the Earl of Clanrickard. At Limerick he was acting with the warm support of the Earl of Ormond. Whether it would have been possible by patience to bring the other lords to follow Ormond's example, it is impossible now to say. Patience was no part of Wentworth's character. In any case, the impulse to improvement must have corne /rom the Crown, and the improvement to which he looked was rather to be round in the benefits derived by the poor from orderly government, than in the increased activity of the rich. "It is most rare," he wrote about this time, "tbat the Wentworth's view of [rish lower sort of the Irish subject hath not in any age prognose, lived so preserved from the pressures and oppressions of the great ones as now they do ; for vhich, I assure you, they bless God and the King, and begin to discern and taste the great and manifold benefits they gather under the shadow, and froln the immediate dependence upon the Crown, in compari- son of the scant and narrow coverings they formerly borrowed from their petty yet imperious lords."  Such work was not likely to conduce to the formation of a correct judgment on English and Scottish affairs. "Mr. Prynne's oct. x. case," he wrote in October, "is not the first wherein wt,orU' I have resented the humour of the rime to cry up English and magnify such as the honour and justice of the eri. King and State have marked out and adjudged mutinous to the Governlnent, and offensive to the belief and reverence the people ought to have in the wisdom and integrity of the magistrate. Nor ara I now to say it anew .... that a prince that loseth the force and example of his punishments, loseth withal the greatest part of his dominion ; and yet still, methinks, we are hot got through the diseasenay, I fear, do not sufficiently apprehend the malignity of it. In the mean time a liberty thus assumed, thus abused, is very insufferable ; ' Wcntworth to Coke, Aug. 15, StraffordLett«rs, ii. 88. *637 WENTII'ORTH AND HA.1IPDEN. 3t3 but how to help it I know hot, till I see the good as resolute in their good as we daily observe the bad tobe in Oct. 8. their evil ways, which Goal of Hisgrace infuse into us ; for such are the feeble and faint motiofis"of human frailtp.., that I do not expect it thence." 1 To Wentworth, Hampden's case appeared no better than that of. Prynne. - " Mr. Hampden," he complained to Lauà, rov. dr.' "is a great Brother, and the very genius of tha't nation of people leads them always-to oppose civilly as ecc.lesiastically ail that ever authority ordains for them; but, in good faith, were they right served, they should be whipped hoirie into their right wits, and much beholden they should be to any that would thoroughly take pains with them x638. in that kind." " In truth," he wrote some months .wi ,« later, "I still wish . . . Mr. Hampden and others to his likeness were well whipped into their right senses ; if that the rod be so used that it smarts hot, I ana the more sorry." * Whatever may bave been the exact form of punishment which Wentworth designed for Hampden, there can be n6 doubt that he was ready to expend all lais energy off July u8. Wentworth's the Scottish Covenanters. One plan, indeed, which remarks on th o had been suggested in London, that the Earl of Antrim. Antrim  should be allowed to raise a force to attack the West of Scotland, round no favour in his eyes. He told the King that he thought but meanly of Antrim's ' parts, of his power, or of his affections.' It would not be sale to trust him "«'ith arms.. If he did hot misuse them himself, the Scottish colonists were strong enough to seize upon them for their own ends. The Irish Government could hot spare a man of its small arlny for service in Scotland. Three or four thousand foot, however, might be levied for the purpose. If this were done, the greater number ought tobe of English birth. If Irishlnen were allowed to receive a military training in Scotland, they m!ght be dangerous after their return. * XVëiatworth to Laud, Oct. I$, Slrafford Zetters, il. I [9. * ldem;Nov. 27. April io/StraffordLetters, ii. r36 , 56. : s He had married Buckingham's widow, as Lord Dunluce, in hi father's litime. " • :" ç:  " " " ": VOL. VIII. A A .54 TtIt ,4SSE«IIIgLY OF GL,4SGOI': cH. LXXXVII. When Wentworth wrote this letter, he had in his hand a copy of the last protestation of the Scots. It left no doubt on his mind that they were aiming at a change in the I-1" i. opinion or theCo,,e- basis of government. One of his chapIains had n.nt, recently visited Edinburgh. An attempt, Wentworth said, had been ruade to force him ' to sign and swear some- thing which' he thought they called 'their Covenant with God.' If it be such, he sneeringly added, ' it will learn them obedient to their King very shortly.'  As yet Wentworth's advice on the policy to be pursued towards the Scots had not been asked. He therefore un- bosomed himself in a private letter to Northumber- July 3 o. Skache,he land. If the insolency of the Scots, he said, were policy tobe pursue«; hOt 'thoroughly corrected,' it was impossible to fore- see all the evii consequences that would follow. It was true that the preparations in England were hOt sufficiently advanced to justify an immediate declaration of war. But there should be no furthel concessions to the Scots. 'To their bold and unmannerly demand' for a Parliament, ' mixed with a threat that otherwise they' would 'betake themselves to other counsel,' his Majesty should reply that 'it was not the custom of the best and mildest of kings to be threatened into parliaments, or to be circumscribed with days and hours by their subjects.' Their present conduct, he should say, was 'more than ever he expected from them which profess the religion which decries all such tumultuous proceedings of people against their sove- reign.' He should ask what they would have thought 'if the Papists of England or Ireland' had done the like, and should inform them that he would give them leisure 'to constder the modesty, the reverence, wherewith they were to approach God's anointed, and their King, and sç to frame their petitions and supplications as that they might be granted without diminution to his height and Royal estate.' Wentworth's plan for the reduction of Scotland was in the main the saine as that which had been propounded by Bankes, though it was put in a somewhat more practical shape. To t Weutworth to th¢ King, July 28, Strafford letlers, ii. t87.  638 IVENTWOR TH'S PLEA. 355 prepare for the worst, Berwick and Carlisle must be garrisoned, ,« .,gg«»ts and the tro»ps there, as well as the trained bands Ol,m for of the northern counties, rnust be diligently exer- conducting the war. cised during the winter, so as to have a disciplined army ready at the commencement of the summer, without any previous expense to the exchequer. If the Scots continued refractory their ports could then be blockaded, and their shipping seized. Under this stress, their new unity would speedily be dissolved. Partisans of the King would spring up on every side. No unnecessary cruelty must delay the work of submission. Seditious ministers must be merely imprisoned. There must be no death on the scaffold, however richly it might be deserved. Scotland would soon prostrate herself at the feet of the King. Then--for Wentworth never failed to form a clear concep- tion of his ultimate aim--would corne a new day of govern- Hisultimate ment for Scotland. It was to be ruled as Ireland im. was ruled, by a Council of its own, acting in strict subordination to the English Privy Council. The religious difficulty was to be settled on much the saine principle. No extemporary prayers, no Book of Common Order was to be tolerated. Neither was any new-fangled Liturgy to be forced upon the people. Ïhey must be content to accept the time- honoured Prayer Book of the English Church, the Protestantism of which was beyond dispute. If Wentworth, as he undoubtedly did, underestimated the strength which a struggle for national existence would give to Scotland, he overestimated still more the devotion of the Eng- lish people to their Kmg. He imagined that his countrymen were still animated by that fiery loyalty which was peculiarly his own. "Your Lordship," he wrote in conclusion, He holds that the "may say :--How shall money be found to carry us safety of the »--ovl« i th through the least part of this ? In good faith, every highest law. rnan will give it, I hope, from his children, upon such an extremity as this, when no less verily than all we have cornes thus to the stake. In a word, we are, God be praised, rich and able, and in this case it rnay be justly said, Salus ouli a» TttE AçSE3[BLY OF GZASGOII: cH. LXX×VI, sirema lex, and the King must hot want our substance for the pre»ervation of the whole."  Such was Wentworth's confession of faith. He believed i'n his heart of hearts that to fight for the King in this cause was to fight 'for the preservation of the whole.' If may well be that in Scotland no.middle course between a complete coni:]uest and an absolute relinquishment of power was in any way possible. After all that had passed, No mlddle o;,..vo»- it was hopeless to expect that Charles's authority s.ib.le, would ever again strike root in the heart of the v,,,t « Scottish nation. One man indeed there was who, in 51o,roe after years, was to believe it possible, and who was destined to dash himself to pieces, in the Royal cause, agains the rocky strength of Covenanting Scotland. That man was still a. fieryyouth, throwing himself heart and soul into. the cause of the Covenant. Jmnes Graham, Earl of Montrose, was'born in 6, and succeeded to his father's title as a mere lad-in 66. Educated at St. Andrews, he was easily supreme in those bodily exercises in which youths of gentle birth sought: distinction. He bore away the prize for archery ; he was noted • . for his firm seat on horseback, and for the .skill with ,9. which he managed his arms. Married at the early age of seventeen, after four years of wedded happiness, he .,e» sought pleasure and instruction in a prolonged tour 66. on the Continent. When he returned in 636 he passëd through Englafld, and asked Hamilton for an introduc- I.trkked by tion to the King. Hamilton, if report speaks truly, lqmil.t,, was jealous of the young man, and played off on him one of his masterpieces of deception. Telling him that the King could hOt endure a Scotchman, he prepared him for an unfavourable reception. He then warned the King that Mont- rose was likely to be dangerous in Scotland. The traveller was therefore received with coolness, and retfirned home highly dis- ¢ntented. The man With whom he was most closely connected, his brother-in-law, the excellent Lord Napier, and his kinsman,: the .EarI of Airth, were at the salie time loyal to the Sovereign. ' Wentworth to No'rthuberlafid, Iuly 3o, Strafford Zette,-s, ii. x. ":' I638 2I'@VTROSE AS A COIZEA'ANTER. " '357 and hostile to Hamilton, whom they regarded wlth disfavour as withdrawing the management of Scottish affairs from Edin- burgh to Whitehall, and against whom th_y were embittered by one of those family feuds which were still potent in Scotland. Before 637 came to an end, Montrose was in the thick of the opposition. When once he had chosen his side, he was sure to bear himself as a Paladin of old romance. tontro«s If he ruade any cause his own, it was hot with the character, reasoned calculation ot a statesrnan, but with the fond enthusiasm of a loyer. When he afterwards transferred his affections from the Covenant to the King, it was as Romeo transferred his affections from Rosaline to Juliet. He fought for neither King nor Covenant, but for that ideal of his own which he followed as Covenanter or Royalist. He went ever straight to the mark, impatient to shake off the schemes of worldly-wise politicians and the plots of interested intriguers, Nature had marked him for a life of meteoric splendour, to confound and astonish a world, and to leave behind him an inspiration and a naine which would outlast the ruin of his hopes. In t638 Montrose could be nothing but a patriotic Scots.  The story of Hamilton's treatment of Montrose comes from Heylyn (Lire of Zaud, 35o). It is there connected with a story about another Graham, Earl of Menteith, who had a kind of claire to the throne of Scot- land on the ground of the questionable legitimacy of Robert III., through whom the crown had descended, q'he King, lhr,,ugh a legal process, hacl deprived him of hi. titles, though he subsequently granted him the earl- dom of _A_irth by a fresh creation. The whole of his story will be found in IX, Iasson's 1)-llllllltoltti ofI2faZU[]lOITlt&ll, IS 5. He)'lyn says that Itamilton told the King that Mt, ntrose was ' of such estee,n zmongst the Scots, by reason of an old descent fro.'n the Royal family, that he .rnight take part in supporting his kinsman's claire.' It must be remembered that though l]mnihon did not put in any claire to the throne against Charles, he xvas in the line of succession, and was therefore personally interested in the puting down any claire hy IXlenteith. Mr. Napier has pointed out that Heylyn probably derived his infomaation froria Lord Napier. It is difficult to say what ambtint of credit is due to the narrative ptinted in the Appen- dix to the _[]atillot tgapers, but the rivalry between Montrose and Hamil- ton, there alleged fo bave existed, falls in very well with Heylyn's story. 358 Ttt.E .,4SSJEI[BLY Off" GL.4SGOIU. CH. LXXXVI|. man, and as a patriotic Scotsman he threw himself without an • 63. afterthought into the whirl of political strife. He «ontro.« detested and distrusted Hamilton, as he afterwards ,,Ler. detested and distrusted Argyle. He had been one of those who had listened to Halnilton's appeal to the 'kindly Scots,' and the incident had ,nade a deep impression on his mind. When a decision was tobe taken or a protestation read, he was certain tobe foremost.l The Covenanting leaders knew how to make good use of his fervid energy. Scarcely had Hamilton turned his back on Edinburgh, when they launched Montrose against Aberdeen. A great national uprising makes scant account of corporate privilege or individual liberty. He who stands sneeringly, or Th ,be» even hesitatingly, apart from itis soon regarded as a ,t«dto. possible traitor, if not as an actual traitor, who waits for zn opportunity to strike. Ministers who had refused to sign the Covenant had been silenced, ill-treated, and driven from their bornes. Only in one place in Scotland did they gather thickly enough to hold their own. The Aberdeen doctors, indeed, were no enthusiastic supporters of Charles's ill-fated Prayer Book. They felt no attraction to Laud and his Beauty of Holiness. They were/ faithful disciples of the school which had been founded by Patrick Forbes. The danger which they foresaw was that which is inseparable from every popular ex- citement, and especially from every popular religious excite- ment. They feared for their quiet studies, for their right to draw unmolested their own conclusions frolll the data before them. They were Royalists ;not as Laud and Wren were Koyalists, but after the fashion of Chillingworth and Hales. ' Gordon's story (i. 33) may be true, though it looks as if it were dressed up after the event, and .as certainly written after ]65o. "It is reported that at one of these protestations at Edinburgh Cross, Montrose standing up upon a puncheon that stood on the scaffold, the Earl of Rothes in jest said unto him,  James,' says h, ' you will not be at test till you be lifted up there above the rest in three fathom of rope.' .... This was afterwards accomplished in earnest in that saine place. Some say that the saine supports of the scaffold were ruade use of at Montrose's exe- eution. '» 1638 ITUNTL 1 / AND TITE NORTIT. 359 Under the name of authority they upheld the noble banner of intellectual freedom. Under Charles they had such liberty as they needed ; under the Covenant they were not likely to have any liberty at ail. So matters looked at Aberdeen. It was imposs,ble that they should be so regarded in Edinburgh. The liberty of tF.e Aberdeen doctors might easily become the slavery July. Dnger from of Scotland. If the northern city were occupied by ,berde«. the King's forces, t would become to Covenanting Scotland what La Vendée afterwards became to Republican France. The risk was the greater because Aberdcen had other forces behind it than those which were supplied by the logic or its colleges. It lay close to the territory occupied by the Huntlyand powerful Gordon kindred, at the head of which was Argyle. the llarquis of Huntly. Huntly in the north-east, like Argyle in the south-west, was more than an eminent Scottish nobleman. These two were as kings within their own borders. Each of them had authority outside the mountains. Each of them was a Celtic chieftain as well as a peer of the reahn. Far away from Argyle's castle at Inverary, far away from Huntly's castle at the Bog in Strathbogie, the frontiers of rival authority met. Of the two, Huntly's power was less Celtic than that of Argyle, and was therefore more exposed to attack from the I-/untly'; southern populations. An invading army might ro3-alism, easily keep clear of the mountains by clinging to that strip of lowland country which stretches along the shores of the Moray Firth. Huntly's falnily had risen to power by the defence of this more civilised district against lawless attacks from the dwellers in the hills. It was a district isolated from Southern influences, and Huntly's immediate predecessors had retained the faith of the ancient Church. They had therefore looked with jealousy upon any government seated at Edinburgh, and in proportion as the King had become estranged from the sentiments prevailing in the South of Scotland, he would be regarded as the natural ally of his subjects in the North. Huntly's own.position was such as to place him at the head of a struggle for lo,.al independence. The victory of the national 360 TI-[E'. .,zISSlïz[BL Y OI;" GLISGO lI: CH. LXXX-;¢II. party would reduce his power to that of an ordinary nobleman. To a messenger sent to urge him to throw in his lot with his countrymen, he replied that ' his family had risen and stood by the kings of $cotland, and for his part, if the event prcived the ruin of this king, he was resolved to lay his life. honours, and estate under the rubbish of the King's ruins.' " On July -',o, Montrose entered Aberdeen. According to the custom of the place, a cup of wine was offered to him as an honoured guest. He refused to drink it till the July o. ontro.et Covenant had been signed. He brought with him aber«¢en, three preachers--Henderson, Dickson, and Cant. Ail the churches closed their doors against them. They preached in the streets in vain. The men of Aberdeen wou]d hOt sign the Covenant. In the neighbourhood signatures were obtained amongst families which, like the Forbeses, were jealous of Huntly's power. Their example and the pressure of military force brought in a few subscribers. Two ministers appended their names with a protest that they remained loyal july 9- and obedient to the King; and the reservation was ccepted, hOt only by Montrose, but by Henderson and Dickson as well.  Such a reservation, to be different]y interpreted in different mouths, would probably have been accepted by ail Scotland. No such simple means of saving his own dignity July u 7. Hamiton's would commend itself to Charles. After consultation instructions. with Hamilton, he gave way so far as to authorise the lneeting of an Assembly and a Parliarnent. Hamilton was to do his best to obtain as much influence for the bishops in the Assembly as he possibly c.ould. He was to protest against any motion for the abolition of their order, but he might consent to any plan for making them responsible for their conduct to future Assemblies. If this was objected to, Hamilton was 'to yie]d anything, though unreasonable, rather than to break.' Difficult as it would probably be to obtain the consent of Scotland to this compromise, it was ruade more difficult by a  Gordon, i. 49- " General 1)ema«ds concerning the Covcnant. Aberdeen, 1662, Sîbald. inK, i. 93. I638 IrAIIZTOA"S. RETUfi'N TO SC'OTLAArD. 35 gratuitous obstacle of Charles's own invention. The Covnant a'he Cotes- was _neither to be passed over in silence nor ex- sion of t»67. plained away. It was to be met by the resuscitation of a Confession of Faith which had been adopted by the Scottish. Parliament in 567, and which, though strongly Protestant in tone, naturally i, assed entirely over all controversies of a later date. "Fo this Confession Charles now added clauses binding those who accepted it to defend ' the King's Majesty's sacred person and._authority, as also the laws and liberties of the country under his Majesty's sovereign power.' This document was to be circulated for subscription.in Scotland, not in addition to, but in substitution for, the Ngional Covenant. Al1 ministers expelled for refusing to sign the National Covenant were to be restored to their parishes. All ministers admitted to a parish without the intervention of the bishop were to be expelled.  With these .instructions Hamilton started once more for Scotland... On .August xo he reached Edinburgh. He found a,g.,o, himself at once involved in a controversy on the Hamilton's constitution of the Assembly which he had corne to se'cond mis- io,. annouhce.. What Charles proposed was an exclusively clerical Assembly in which the bishops should, if possible, preside. The Covenanting leaders would not hear of the arrangement. They were hardly likely to forget how Spottis- woode had threatened the ministers with the loss of their stipends at the Perth Assembly, and they knew enough of what was passing in London to distrust the King's inten:Æons. XVhether there be truth or not in the story which tells how Scottish grooms of the bed-chamber rifled the King's pockets after he was in bed, so as to learn the contents of his secret correspondence,  there can be no doubt that his projects were known in Scotland even better than they were known His efforts to divide the in England. Hamilton's efforts to divide the King's Çovenanters. opponen served but to weld them together in more compact unity. XVhen he talked to the nobles of the folly of  ur»et, 65.  It is in 'avour of this story that Henrietta l[ria, after she l,ft England in 64, tdvised her husband to be creful of his pockets, where he ben kept the key to the cypher used between them. 362 Th'E 4SSEil[BLY OF GLISGOIV. CH. LXXXVlI. reimposing on their own necks that yoke of Presbytery which their fathers had been unable to bear, he was told that Epis- copacy was hot the only means of averting the danger. Lay elders formed a part of the Presbyterian constitution, and under that naine it would be easy for noblemen and gentlemen to find their way into the Curch courts, where they would have no difficulty in keeping in check any attempt at clerical domination. It is truc that this prospect was hOt altogether pleasing to the ministers, and that many of them were somewhat alarmed at the growing influence of a nobility which would probably become lukewarm in the cause of the Church as soon as their own interests were satisfied. But the nobles told the clergy plainly, that if their support was wanted it must be taken on their own terres, and the chance that Charles would keep the engagements to which he had advanced with such hesitating steps was not sufficiently attractive to induce the clerg 3, to abandon those protectors who had stood by them hitherto without flinching. On August 3 Hamilton laid before the Privy Council his scheme for the pacification of Scotland. AIl extraordinary Aug. » assemblies of the clergy and laity were to be broken H,mnto up, and bishops and expelled ministers were to be end the Cci, ciL protected in their lawful cures. At the elections to the Assembly no laylnan was to have a vote, and the Council was'to advise to give satisfaction anent the Covenant, or to renounce the saine.' So unfavourable was the recep- Aug. 5. Iq,-t,-» tion of these proposais, that Hamilton returned once to England. more to England for further instructions; having first obtained from the Covenanters a promise that they would not proceed to any self-authorised elections till September 2, by which time he hoped to be back in Scotland. 1 When, on September 7, Hamilton appeared for the third spt. 7 time in Edinburgh, he brought with him what must nmnto,' bave seemed fo Charles unlimitedconcessions. Hewas third mis- io. to issue a summons for the meeting of the Assembly and Parliament, and to content himself, as far as the elections t laillie, i. 98. @aldin£, i. 98. thtrnet, 69. Za,'ge Declaratio III. 1638 THE A"IAZG'S CO'.EArANT. 363 to the former body were concerned, with coming as near as was possible to the forms observed in the preceding reign. Hewas to declare that the King absolutely revoked ' the Service Book, the Book of Canons, and the High Commission,' that he sus- pended the practice of the Articles of Perth, and was ready to consent to their entire abolition, if Parliament wished him to do so. Episcopacy was to be limited in such a way that the bishol»s in future would be responsible to the Assembly for their conduct. Charles did not stop here. It is true that he no longer directly asked for the surrender of the National Cvenant. He Th King's abandoned also the idea of sending round for signa- Co,.«.ant. ture the Cnfession of t56 7. But he seems to have thought it necessary to preserve his dignity by sending round for signature some document of his own. This time it was to consist of the Confession drawn up in t58o, which formed the basis of the National Covenant. Naturally, Johnston's additions were to be omitted, and they were to be replaced by a certain Covenant which had been drawn up in 59 o, the signers of which had bound themselves to stand by the King in' suppress- ing of the Papists, promotion of true religion, and settling of His Highness' estate and obedience in all the countries and corners of the realm.'  On the zznd the Privy Councillors, after some hesitation, signed the King's Covenant. The saine day a proclamation was made at the Cross. It began by announcing the Sept. . Poclm» concessions intended. It then called on the people tion of the tO sign the new Covenant, hOt because any fresh Assembly and Parlia- attestation of their own faith was needed, but in ordcr that the Kmg might thereby assure his subjects that he never mtended ' to adroit of an), change or alteration in he true religion already established and professed.' Finally, an Assembly was summoned to meet at Glasgow on November and a Parliament on May z5 . By a few Scotsmen who, like Drummond of Hawthornden, had watched with anxiety the leagues of the nobles and the 75.  Peterkin's A'ecord.r, 81. 364 TI-tE ,4SSE3[BLY OF GL,4SGObV. CH. LXXXVlI. violence of the clergy, the proclamation was hailed as a message of peace. 1 By the mass of Drummond's countrymen it was Anotherpro- received with profound distrust. As its words died testation, away, there followed another protestation, more sharp ,and defint than any before. Scotland had made up its mind to bave no more to do with bishops, whether their power was to be limited or unlimited. The introduction of a new Covenant ,vi.thout apparent reason was in itself certain to arouse suspicion. q'he question at once arose, for what purpose were their signa.m;¢s demanded ? The explanation given by the King was wh_ysh6uta unintelligible. " If we should now enter upon this another covenantbe" new subscription," said the protestors--their words signed': were in ail probability the words of Henderson 3__ " we would think ourselves guilty of mocking God, and taking His naine in vain ; for the tears that began to be poured forth at the solemnising of the Covenant are not yet dried up and wiped away, and the joyful noise which then began to sound bath not yet.ceased ; and there tan be no new necessity fi'om us, and upon our part pretended, for a ground of urging this new subscription, at first intended to be an abjuration of Popery, upon us who are known to hate Popery with an unfeigned hatred, a.nd have all this year byegone given large testimony of our zeal against it. As we are not to nmltiply miracles on God's part,.:ç9 otlght we not to multiply solemn oaths and covenants upon out part, and thus to play with oaths as children do with their toys without necessity." a Behind the controversy about the King's Covenant ap- peared another controversy, more serious still. Charles lsnot the thought he had donc much in offering to place the ._ssembly bishops under limitations. He was told that all such --p¢e questions were beyond his competence. The As- sembly would deal with them as it saw fit. It, not the King, was divinely empowered to judge of all questions relating to the Church. Such was the declaration of war--it was nothing less t Drummond's rene. ,¥orks, 63. -" This is the suggestion of Prof. lIasson, Lire of«lIilton, ii. 33. s Peterkin's Records, 86. 638 THE ELECTIOA'S IAr SCO TLAND. 365 issued by the S6ottish Covenanters. At-the heart of the long a'he lrote- appeals to Scripture .and to Presb)'terian logic lay the tation a de- tlaration of sense of national inJependence. Episcopacy was a ,«-r. foreign .substance, which had never been assimilated by the living organism into which it had been introduced by force and fraud. The àttempt to procure signatures to the King's Covenant was ahnost a total failure. Loyal Aberdeen and its neighbour- hood produced 2,ooo signatures ; only I6,ooo more Few sign the r:i.,.Cov«-could be obtained flore the res.t of Scotland. A ,,.,,it. mad woman named Margaret Michelson, who went about saying that she was inspired to declare that the National Covenant came froln Heaven, and that the K|ng's Covenant was the work of Satan, was very generally regarded as a pro- phetess.I In the face of such evidence of popular feeling, it hardly mattered under what system the rotes in the election of mem- Th««««tor bers of the Assembly were recorded.- The Coven- machiery, anters, however, treated it as. a marrer of course that an Act passed by an Assembly held in 597 was tobe accepted as the constitutional rule, ail later Acts being.hel d to bave been null and void. Hamilton's efforts to introduce jealousy between th e gentry and the clergy were without effect. The. constituency in each Presbytery was composed of the minister and one lay elder from each parish. .By this con- stituency three miniters were chosen to represent the Presbyr ter)', whilst the gentl T of the saine district returned a lay elder to represent themselves. Edinburgh was separately represented by two members, and the other boroughs by one meinber apiece2 It would have puzzled the sharpest logician to give any satisfactory reason why a body, brought into existence by this particular kind of electoral machinery, should be Strength of tha- held to speak with Divine authority, rather than a sembly, body. brought into existence in some other way. But there could be no doubt .that it could speak with a nationa I  Burnet, 81. .ÇOl'dO(1, i. I31. . 366 THE ./ISSt:'z]IBL Y OF GL./ISGO bi:. cri. LXXXVII. authority as no merely clerical assembly could have spoken. Whatever Scotland was, in its strength and its weakness, in its tierce uncompromising dogmatism, in its stern religious enthu- siasm, in its worldly ambition and hair-splitting argumentative- ness, in its homely ways and resolute defiance of a foreign creed and of a foreign worship, was refliected, as in a mirror, in the Assembly which was now elected in the teeth of the King's Commissioner. Charles could hardly avoid taking up the glove thrown down. To allow that he had neither part nor lot, either in the ChérIe»re. constitution of the Assembly or in the decisions to .olv» to which it might corne, would be to acknowledge that take up the challenge, the kingly authority was no more than a cipher in Scotland ; and he knew instinctively that if he gave way in Scotland he would soon be called upon to give way in England as well. The only question now was on what ground the chal- lenge was to be accepted. The Scottish bishops, knowingwhat was before them, advised that the ver), meeting of the Assembly should be prohibited. Hamilton argued that, if this were done, the Covenanters would allege that the King had never seriously intended that any Assembly should meet at ail; and Charler was of the same opinion as Hamilton. Hamilton's plan -as, that the Assembly should be allowed to proceed to business. His first care would be to lay before it the scheme of modified Episcopacy which had Oct. 22. Iqamilton's been foreshadowed in the late proclamation. If ,avic« this were rejected, as it would certainly be, and if the bishops were summoned as culprits to the bar, he would then dissolve the Assembly and declare those who concurred in this course to be traitors to the King. The bishops, on their part, would be ready with a declinator, denouncing the Assembly as unconstitutionally elected, and as disqualified, in any case, from passing senteuce upon bishops. At last, the position taken up by Charles was clearly marked. There was no thought now of gaining time by spinning out negotiations which were to corne to nothing. If the Scots  Hamilton to the King, Oct. 22, Hamilton t'a2ers, 4 6. 638 I«]IPEIVDLVG If'A R. 367 would have accepted Charles's offer of limited Episcopacy, and The King's bave left the question of sovereignty untouched, he intentions, would probably bave been con.tent to sec his con- cessions put in force, however unpalatable they were to him- self. He knew well, however, that the question of sovereignty was at stake, aud he doubtless felt the less anxiety on the score of the largeness of the concessions which he had ruade, because he believed that they were certain to be rejected "Your commands," Hamilton had recently written to him, " I conceive, chiefly tend at this time so to make a party here for your Majesty, and once so to quiet this mad people, that hereafter your Majesty may reign as king, and inflict the due punishment on such as have so infinitely offended against your Majesty's sacred authority."  The Scottish leaders, if they knew what was passing in the King's mind, as there can be little doubt that they did, had :«t-.inty « every reason to make the breach irreparable. They resis,--n«« were not likely to have much difficulty with their followers. Large bodies of men, when once they are set in motion, acquire a momentmn of their own ; and every scrap of news which reached them from England confirmed them in the beliefthat the King meditated an attack upon Scotland, whether his terms were accepted or hot. It was known that Hamilton had purchased from Mar the command of Signsofwar. Edinburgh Castle ; and that it was only owing to the strict watch kept upon it by the citizens that it had not been provided with those warlike stores without which its garrison would be unable to stand a siege. It was known, too, that a trusty officer had been despatched to take charge of Dumbar- ton, that preparations had been made for holding Berwick and Carlisle in force, and for creating a magazine of military stores at Hull. There had also been widely circulated a forged speech, which the Duke of Lennox was said to have delivered in defence of his native country, in the English Privy Council, from which the inference was drawn that the English Council entertained designs hostile to Scotland. t Hamilton to the King, Oct. t$, Hamilton Paters , 42. • .368 TI-IE MSS2EIlP, L I z OF GLMSGOII: cH. LXXXVlL As had usually happened in ttie course of these distractions, the Covenanters t6ok the aggressive. On Octobêr 24, they Oct. ,«. appeared, in due lgal form, b'efore the Edinburgh Thebishops Presbytery, to charge the pretended bishops with cited be fore the As- having overstepped the limits of their powers, and sembly, even with ac/ts of dishonesty and profligacy, and re- quested the Presbytery to refer their cases to the Assembly. As lnight have been expected, this request was at once com- plied with, and the accusation was orde?ed to be ead publicly in all the churches of Edinburgh. 1 The step thus given induced Charles to resort to- threats. "You nlay take public notice," he wrote to Hamilton, "-and I,. 17. declare that, as their carriage hath forced me to take Th« Kig care to arm myself against any insolence tha may b'e announces that heis comrnitted, so you lnay give assurance that my care preparing f,,r w. of peace is such that all those preparationS,, shall e useless, except they first break out with insolCt- actions." As for the threatened proceedings against the bighops, ' it was never heard that one sbould be both judge and party.' The very legality of the constitution of the ,As.sembly was at issue, axd that was no matter to be determined by-thê iA.s.sembly itself. He was still ready to perform everything tlàat he had promised, and was prepared to sulnrnon 'a new Assembly upon the amendment of all the faults and nullities of this."  Tb.e Assembly, too, might well have asked whether Charles himself were not a party rather than a judge ; but it preferred lov. . action to recrimination. On November 21, it lnet in iMeeting of the Cathedral of Glasgow, the only one amongst the the As- »«bb-. Scottish cathedrals which had been saved from de- struction and decay b, the affectionate reverence of the towns- men, and hich had survived to witness the new birth of Pres- byterianism. In spite of Hamilton's efforts to take the lead into his hands, the Asselnbly remained master of itself. The speech Mich he had prepaied for the occasion remained unsFoken, s t Z«rge Declaratim; 2 The King to Hamilton, Nov. 7, Burnet, 99. .. Comçffre'Buxaet; 94, with t?aillie,  I24, ---- I638 TI-IE ASSEJIt?L11 CO.'STITUTED. 369 His demand that the question of the elections should be im- mediately taken up, was promptly refused. His proposal that the Bishops' Declinator should be read was received with con- tempt. The Assembly asserted its right to exist by proceeding to the choice of a Moderator. t That Moderator was Alexander Henderson. The Clerk was Johnston of Warriston. The question being thus decided against him, Hamilton's only object was to put off the evil hour of dissolution as long as No,,. 22. possible. The account which he gave the King was Hamilton's gl00my beyond neasure. "Yesterday, the 2ist," he r-_port, wrote, "xas the day appointed for the downsitting of the Assembly. Accordingly we met, and truly, sir, my soul was nêvêr sadder than to see such a sight ; not one gown amongst the whole company, many swords but many more daggers-- most of them having left their guns and pistols in their lodg- iugs. The number of the pretended members are about 260 ; each one of these bath two, some three, some four assessors, who pretend not to bave voice, but only are corne to argue and assist the Commissioners ; but the true reason is to make up a great and confused multitude, and I will add, a most ignorant one, for some Comrnissioners there are who can neither write nor read,  the most part being totally void of learning, but re- solved to follow the opinion of those few ministers who pretend to be learned, and those be the most rigid and seditious Puri- tans that live. What, then, tan be expected but a total disobedience to authority, if nota present rebellion ? Yet this is no more than that which your Majesty bath had just reason this long time to look for, which I would not so much appre- hend if I did not find so great an inclination in the body of your Council to go along their way ; for, believe me, sir, there is no Puritan minister of them all who would more willingly be freed of Episcopal governance than they would, whose fault it is that this unlucky business is corne to this height. '' Though, by general confession, Hamilton played well the  Answering to the Speaker in the English House of Commons.  This evidently refers to some of the lay members of the Assembly.  Hamilton to the King, Nov. 22, t[amilton ers, 59. VOL. VIII. 13 B 370 TttE ASStAltLY Off" GLASGOIV. cH. LXXXVII. part which he had undertaken, his attempt to get up a clerical movement against the lay elders failed entirely. On H is conduct in th¢ As- the 2Tth, the Assembly declared itself duly consti- ,«by. tuted, and set aside three scantily signed petitions No,..» against the lay elders as unworthy of notice. The As- Hamilton knew that the breach could not be sembly con- stituted, averted much longer. "So unfortunate have I been Hamilton's in this tmlucky country," he wrote to the King, "that «ontof though I did prefer your service before ail worldly the As- sembly, considerations... }'et ail hath been to small purpose; for I have missed my end in hot being able to make your Majesty so considerable a party as will be able to curb the in- solency of this rebellious nation without assistance from E.ngland, and grehter charge to your Majesty than this miserable country is worth." In his annoyance at the approach of that open quarrel in which he expected to be the first to surfer, he dealt his blows impartially around. Everyone, excepting himself and the King, appeared to bave been in fault. The His attack on the bishops had done things which were 'hOt justifiable bishops, by the laws.' ' Their pride was great, but their follv was greater.' Some of them were not 'of the best lires.' Others were 'inclined to simony.' He then, with characteristic Itisadvl«e confidence in schemes as yet untried, assured the o th¢ «o,- King that success would be easily secured. By block- duct of the '- ading the seaports he would ruin the commerce of the country. So far Hamilton was of one mind with Wentworth ; but he believed what Wentworth did not believe, that it was still possible to raise a force in Scotland to fight on Charles's side. Huntly, he argued, should be named as the King's lieutenant in the no:th. Traquair or Roxburgh should hold the saine auhority in the south. There should be a royal commissioner--no doubt, himself--at the head of both. It would be difficult to carry arms and ammunition into Edin- burgh Castle, but it would be easy to secure Dumbarton by sending soldiers from Ireland. "I have now only one suit to your Majesty," he ended by saying " that if my sons live, they may be bred in England, and ruade happy by service in the Court ; and if they prove not loyal to the Crown, my curse be t638 TttE 4SSEJIB£ Y D2rSSOL UED. 371 on them. I wish my daughters be never married in Scot- land." 1 On the zSth, the day after this letter was written, the crisis arrived. The Bishops' Declinator was presented. I-Ienderson Nov. 28. put it to the vote whether the Assembly was a com- DecfinatorTheBish°ps" petent judge of their cause, notwithstanding their prescntcd, assertion to the contrary. ]3efore the answer was Question given, I-Iamilton rose. I-Ie read the King's offer, b«wee, that all grievances should be abolished, and that the 1-tamilton anatt,e bishops should be responsible to future assemblies ; .s,bly. but he refused to acknowledge the legality of the -Assembly before him. The only Assembly which he would acknowledge was one elected by ministers alone, and composed of ministers alone. In a long speech Henderson ascribed to the K.ing very large powers indeed, even in ecclesiastical matters. The constitutional point raised by Hamilton he alto- gether evaded. No assembly likes to hear an attack on the basis upon which it rests. This one refused to re-open a quest!on which it probably considered as settled by its previous rejection of the petitions against the lay elders. Hamilton pleaded in vain for further delay. "I must ask," said the Moder:ttor, "if this assembly finds theraselves competent judges." A warm debate ensued. "If the bishops," said Loudoun, "decline the judgment of a National _Assembly, I know not a competent judgment seat for them but the K.ing of I-Ieaven." "I stand to the King's prerogative," replied the commissioner, "as supreme judge over all causes civil and eccle- siastical, to whom I think they may appeal, and not let the causes be reasoned here." No common understanding was anylonger possible. After a few more words, I-Iamilton declared the Assembly to be dis- solved in the King's naine, and left the church. As Hamilton dissolves the soon as he was gone, the Assembly resolved that it as»ebiy, was entitled to remain in session in spite of anything that had been done. Its first act was to pass a vote claiming competency to sit in judgment on the bishops.  Hamilton to the King, lov. 27, Itardwick« S. t . il. lI 3. 72 TttE ASSEMA?L Y OF GLASGO I/F. CH. LXXXVIL At the moment of Hamilton's departure an incident occurred from which the Assembly must have derived no slight encourage- A_rgyl,e's ment. Argyle, like Huntly, was a potentate exercising declaration, almost royalpower. Hecould bring 5,ooo Highlanders into the field. Like Huntly, he came of a family which had long kept up its attachment to the Papal Church, and his father, who had lately died, had been for many years in the military service of the KingofSpain in the Netherlands. I)uring his father's absence he had exercised over the clan the authoritywhich he now bore in lais own naine. Refusing to follow his father in his adoption of the Roman Catholic religion, he adapted himself to the habits and ideas of the inhabitants of the southern lowlands. ile was often to be seen in Edinburgh, and he took his place as a lnember of the Privy Council. He thus early became a national, rather than, like Huntly, a local politician. _t\s a nobleman, he shared in the jealousy of the bishops which was comnon to his class ; but he was politic and wary, not willing to commit himself hastily to any cause, and tied to more than ordinary caution by his rank as a Privy Councillor. Ite was anabitious of power, and unscrupulous in his choice of means. Unlike the other noblemen of the time, he was absolutely without personal courage. He could not look upon a hostile array without being overcome by sheer terror. $omething of this feeling was manifested in his political career. He had the sure instinct which led him to place himself on the side of numbers, the pride, too, of capacity to grasp clearly the ideas of which those nulnbers were dimly conscious. In times of trouble, such capacity is power indeed. Then, if ever, the multitude, certain of their aire, uncertain of the means by which that aire is to be reached, look for the guidance of one in whose mental power they can repose confidence, and whose constancy they can trust. Such a man was Argyle. It is probable enough that there was no conscious hypocrisy in the choice which he was now to make. He would hardly have maintained himself in power so long as he did if he had not shared the beliefs of those aroand hilla. He was probably as incapable of withstanding a popular belief as he was of with- standina an armv of his foes. At ail events, the time was now 1638 ARGYZE CttOOSES ttlS SIDE. 373 eome tor him to declare himself. XVhen Hamilton swept out of the church, followed by the members of the Privy Council, Argyle alone remained behind. He took the part of the many against the few. "I bave not striven to blow the bellows," he said, "but studied to keep matters in as soft a temper as I could; and now I desire to make it known to you that I take you all for members of a lawful Assembly, and honest countrymen." Till December 2o the Assembly remained in session. As a matter of course, it swept away the Service Book, the Canons, and the Articles of Perth. It received with boundless December. Vurther pro- credulity every incredible charge reported on the ce, dings in the As- merest hearsay against the bishops. It declared epis- semI¥. copacy to be for ever abolished, and all the Assemblies held in episcopal times tobe null and void. It re-established the Presbyterian government, and eiected those ministers whose teaching had not been consonant with Çalvinistic orthodoxy.  The challenge thus uttered by the Scottish Assembly was in the main the saine as that which had been uttered by the Compri.on English Parliament in 1629, and which was to be betweeuthe uttered again by it in 64o. The Assembly de- So,ttish a,enUv manded that the religion recognised by the nation and the English itself should be placed beyond ail contradiction, and Parliament. that neither the King nor anyone else should venture to modify its cerelnonies or its creed. Many conditions were present in the North to make the outbreak occur in Scotland earlier than it did in England. Charles's attack upon the religion of Scotland had been more sweeping and more pro- vocative than anything that he had done in England. The Scottish nation, too, was more ready to combine than the English nation was. Government in England was a present reality. In Scotland it was but the shadow of an absentee sovereign. In the people itself, the influence of the CaMnistic clergy produced a strange uniformity of thought and character. Even the noblemen appear to bave been cast very much in a colnmon mould. It is true that Argyle and Montrose stand out amongst their fellows with distinct characters. The test  Peterkin s Records, 28. 27aillie, i. 65. Hamilton to the King, Dec. I, Itamilton t'acrs, 62. 374 TttE JSSEI[IL F OF GLASGO . CH. LXXXVII. are scarcely more than names. To pass from a history which tells of Wentworth and Northumberland, Cottington and Port- land, Essex and Saye, to a history which tells of Rothes and Loudoun, Balmerino and Lindsay, is like passing from the many-coloured life of the Iliad to the Gyas and Cloanthus of the -.ZEneid. The want of originality of character ruade com- bination the easier. It ruade it the easier, too, to place the real direction of the movement in the hands of the ministers. Whatever forces were behind, the revolution which had been effected was a Presbyterian revolution. The preacher was and remained the guide and hero of Scottish nationality. The preacher was strong because he appealed to an ideal conviction larger and nobler than his logic. Bishops were to be proscribed, hOt because particular bishops had done amiss, but in the naine of the principle of parity amongst all who were engaged in the ministration of the same truths. The influence of the King was to be set aside in the Church, hOt because Charles had been unwarrantably meddlesome, but because the Church knew but one Heavenly King. It is impossible to doubt that the Scottish people grew the nobler and the purer for these thoughts--far nobler and purer than if they h«d accepted even a larger creed at the bidding of any earthly king. Of liberty of thought these Scfgttish preachers neither knew anything nor cared to know anything. To the mass of their followers they were kindly guides, reciprocating in their teaching the faith which existed around them. Scotland was, however, no country for eccentricities of thought and action. Hardihood was there, and brave championship of the native land and the native religion. Spiritual and mental freedom would have one day to be learned rioto England. Charles, affer the rejection of his authority at Glasgow, might wish for peace, but, unless he was prepared to sacrifice War inevit- ail that he had ever counted worth struggling for, he bl« could not avoid war. For him the saying attributed to his father, " No bishop, no king," was emphatically true. He had not chosen bishops in Scotland anaongst men who were imbued with the religious sentiment around them. He had rather sought for those who would serve as instruments in 1638 IVAR IA'.E I YTABLE. 375 imposing his own religious practice upon an unwilling people. It is true that before the Assembly met at Glasgow, he had surrendered ail the original objects of contention. Liturgy and Canons, Articles of Perth, and irresponsible episcopacy had been given up. Itis true that between Charles's moderate episcopacy, responsible to Assçmblies, and the direct govern- ment of the Assemblies themseles, the difference does not seem to have been very great ; but to a man like Charles the appearance of victory was of greater importance than vic- tory itself. He could not yield honourably and gracefully as Edward I. and Elizabeth would have yielded, and he felt that all was lost if he acknowledged that he had yielded to force what he had not been ready to yield to argmnent. The danger would not be confined to Scotland alone. His authority in England rested not on armed force, but on tra- ditional conviction that he was supreme over all causes eccle- siastical and civil. If the Scottish Assembly claimed for itself the supremacy in ecclesiastical causes, it would not be long before the saine claire would be put forward by an English Parliament. The question between Charles and his subjects was no longer one of fonns of prayer and of Church govern- ment. It had become one reaching to the very foundations of political order. Nor was it only upon his relations with England that Charles was compelled to cast his eyes. He knew that his Charles's position in the face .of the Continental Powers was foreign rela- seriously weakened by the Scottish troubles, and he tions, believed that those troubles had been fomented by the French Government. His dplomacy had been as unsuc- Thecongress cessful in the past year on the Continent. as it had at Hamburg. been in Edinburgh and Glasgow. His hopes or" covering the Palatinate for his nephew seemed as little likely to be realised as they had ever been. The meeting of ambassadors at Hamburg, to which had been referred the conditions of the treaty which had been under negotiation at Paris in I637,  was long delayed, and it was not till the smnmer t See page e7- 376 TttE ASSE.*IBL Y OF GLASGO Il: CH. LXXXVIL of 638 that Sir Thomas Roe was despatched to meet the pleni- potentiaries of France and Sweden in that city. Roe soon round that he could accomplish nothing. Charles still asked for an engagement from France and Sweden, that they would make no peace without the full restoration of the Palatinate, and those Powers still refused to comply with his wishes unless he would bind himself to join them in war by land as well as by sea. t With this result Richelieu was well satisfied. He knew that Charles, with the Scottish dispute on his hands, would be unable to, take pari against France. More than that Charles's re- lations with he had long ceased to expect.  France. H«wi»h«sto Charles himself was less clear-sighted. He had h,lp his already lent himself to schemes for placing his nephew nephew. at thê head of an army in the field, at the very moment when he was looking in vain for the means of levying an army against the Scots. He actually sent the young man 3o, ooo/. to raise troops, and Charles Lewis used the money to buy the allegiance of the garrison of Meppen. The Imperialists in the s«i,, « neighbourhood took the garrison by surprise, and OC- lXleppen by cupied the town without any serious resistance. In the Impe- rialists, the summer the young t'rince started from the Nether- lands at the head of a small force to join the Swedes. The Swedes were hot anxious for his assistance, and left him unaided in the face of the enemy. He himself escaped to :Defeat ofthe »:le«to. Hamburg, but his brother, Prince Rupert, with Lord Phtin« Craven and others of his principal officers, were taken prisoners. Charles, however, did hot relax his efforts. Fie kept llnàe's up for some rime a negotiation with Richelieu, w/th toops, the object of inducing the Cardinal to share with him the expense of procurin the services of a small army under General Melander, which was at that rime waiting to sell itseff to the highest bidder. Richelieu, however, preferred to ac- quire the artay for himself, and Charles was doomed to a fresh disappointment, s  Roe's degpatches, S. t'. Germany. " Chavgny's despatches, tibl. 2Val. Fr. 5,95. s Despatches in S. P. ,ll, zu,l and Ger»zazo,. Chavigny to Bellievte, Igov. :, Dec. 4, l?ibl..'a¢. Ff. 5,95, fol. o8, 1638 SECRE T DIPLO«I[A C E 377 Earlier in the year, as soon as Charles had discovered that no very zealous assistance was to be expected from Richelieu, Charl« rG- he turned in the direction of Spain. Under the lationswith naine of a private merchant, he sold 3,000 barrels of Spain. powder to the Government of the Spanish Nether- lands, and lent the services of his fleet to convoy them safely to Dunkirk. Then followed a long secret negotia- Secret nego- tiationat tion with the Princess of Pfalzburg, a sister of the Brussels. exiled Duke of Lorraine, which was carried on by Gerbier at Brussels with the sanction of the Cardinal Infant The scheme of an alliance with Spain si)lit on much the saine rock as that on which the conference at Hamburg had split. l'he Spaniards required that Charles should immediately declare war against France, and Charles required that the Emperor and the Spaniards should immediately deliver up to his nephew so much at least of the Palatinate as was actually in their hands.  In the Council of State at Iadrid, Olivares scornfully asked how it was that Charles, who had lais hands full at home, could talk of affronting France and Holland. No doubt, he added, the whole negotiation was mere trickery. ' Charles had much to do to conceal from the world the fact that all through the summer and autumn of 1638 he was Chana simultaneously offering his alliance to France and Caren. to Spain. A despatch written by Cardenas, the Spanish Resident in London, fell into the hands of the Swedes. It contained a statement that the Emperor was negotiating with the King of England, with the expectation that ,qll diffi- culties about the Palatinate would soon be settled at a con- ference at Brussels. Luckily for Charles, Cardenas knew nothing of the real negotiation in the hands of the Princess of Pfalzburg, and had only been informed of a project put forward without authority by Taylor, the English Resident at Vienna, and disavowed by Charles as soon as it came to his ears. Charles was therefore able with literal truth, though with  Snme nolices of this negotiation are in the Clarendon S. _P. A full account may be derived from Gerbier's own despatches, S. I . Flan Jets.  Consulta of the Council of State, Dec. 4 Simancas 3ISS. 2521. 4  378 7"HE. ASSEAIBLY OF GLASGOI/V. CH. LXXXVII. no more than literal truth, to protest loudly to the world that he had been grossly calumniated, and that Taylor had acted in defiance of his instructions.  Cardenas was suspended from all intercourse with the Court,  and Taylor was recalled and committed to the Tower. a Though neither France nor Spain entertained any hope of serious aid from Charles, there were many indirect ways in which lais goodwill might be of use. Eoth Olivares ]Richellen's overturesto and Richelieu, therefore, were anxious to be on the Queen. fiiendly terres with the Queen. In March 1638 the Cardinal conceded to ber the boon for which she had been so long begging, and released De Jars from captivity. 4 In April April. a heavier weight was thrown into the opposite scale. "rhet,uch The Duchess of Chevreusegay, witty, and licen- of Chevreuse in tglà, tious--arrived to plot against the Cardinal from the secure distance of the English Court. The arrival of the Duchess was the precursor of the  Windebank to Hopton, Dec. 27, 638. Windebank to Taylor, Jan. I. Taylor's Relation, April 4, 639, Clarendou ISS. 6, 7o, z8. Writing to Gerbier, Windebank blames him for hot at once dis- avowing the story. " This," he adds, "you might safely have done with- out fearing to be guilty of Sir Henry Wotton's definition of an ambassador, seeing you know there is no direct treaty at ail between Itis Majesty and them, and that ail that has been done hath been by way of proposition moving from that side and managed by second hands, His Majesty neither appearing nor being engaged nor obliged to anything ; and to this purpose His Majesty hath answered the French Ambassador ; namely, that some propositions bave been made to him from that side ; but hath absolutely disavowed any formal or direct treaty at ail, or that ever any letters to this purpose have passed between himself and them ; and this, besides that it is a trath, His Majesty had reason to do, unless he were more sure of the success of that which hath been proposed from your parts, for by avowing that to be a treaty he is sure to dissolve that with France, and so he may run hazard to lose both." Windebank to Gerbier, Jan. 4, x639, S. _p. l;landers.  In the S. ['. S5baU is a copy of the intercepted despatch, together with the correspondence with Cardenas on the subject. s Windebank to Hopton. Sept. z9, x639, Claren,lon S. P. ii. 71. Feb. e4 blarch 9, Bibi. XVat. Fr. 15,915, foi.  Chavigny to Bellievre, March 6 » 9 93, 97- Seepage9 S. t638 THE QUEEN IOTtlER. 379 arrival of another visitor of more exalted rank. The Queen Mother had long been weary of exile ri'oto France. All hopes of her restoration by the help of an insurrection of her partisans had !ong since passed away, and now that she had ceased to The Q«n be serviceable to Spain, she was treated with cold lother.t courtesy at Brussels. The pension doled out to her Brussels. was irregularily paid, and she looked back with fond regret to ber old sumptuous life at Paris, where courtiers and artists had rivalled one another in doing ber honour. She could hOt believe that it was out of Charles's power to obtain for ber permission to return. Çharles, at ber entreaty, She deslres put the question to the French Government. The to return to response was unfavourable. Mary de Mcdicis attri- France. buted the failure to ber presence on Spanish soil. Under the pretext of a visit to Spa, she left Brussels in the beginning of August, and crossed the frontier into the Dutch Aug. 4. Netherlands. She was there received with every Cro.esthe sign of respect by the Prince of Orange and the frontier. States-General. lier presence soon caused a mis- understanding between the Dutch Government and the French Ambassador. The design of proceeding to England, Proposes to visit Eng- which had probably been follxled long before, look land. entire possession of her mind. Charles had always steadily refused ber permission to land in his dominions, t-le knew that ber mere presence would help to embroil him with France, and that the men whom she most trusted, Cogneux, Fabroni, and Monsigot, were steeped in intrigue, and were Richelieu'sbitterest enemies. He Aug. 3. Charles re- therefore at once sent instructions to Boswell, his on. agent at the Hague, to remonstrate with ber. Bos- well's remonstrances were coldly received. At last Attg. 3 o. he learned that she was making secret preparations Sept. 4- for the voyage, lie appealed to Fabroni, and Fabroni protested that there was no truth in the Sept. 5. report. The next day the Queen Mother embarked for England.  t Coke to Boswe]I, Aux. 13 ; Boswell to Fahroni, Sept. 2 5 ; Boswell to Windebank, Aug. 9, Sept;. 8, 26, 27, --ç. -P. I-olland. 380 TttE ASSE.[tLY OF GZ/ISGOt/V. CH. eXXXVII. On September 3 ° Monsigot presented himself before Charles to announce that his mistress was already on the way, and that, unless he turned her away from his ports, she would Sept. 3 o. IVl.on.sigot's soon be on shore in England. Charles had hot the ,lss,on. heart to repel her, but he would willingly bave seen her land without her disreputable train. Henrietta Maria's pleadings against this insult to her mother bore down his op- position, and orders were given that the mother of the Queen of England should be received with ail the honours due to her exalted rank. No one, except her daughter, wished to sec her in England. "I pray God," wrote Laud, "her Oct. 4- Laud's coming do hOt spend the King more than . . would opinion of th.e. proposed content the Swedes."  There was no remedy. Her v,»,t, arrival, said Windebank, "is so fiat and sudden a surprisal as, without our ports should be shut against her, it is not to be avoided." Mary de Medicis landed at Harwich on October x9- On her way to London she was received with every sign of a cor- Oct. 9. dial welcome. The King met her at Chelmsford. TheQee As she passed through London, the Lord Mayor lother in rà,glnd, offered her his hospitality. The streets were lined with scaffoldings hung with rich cloths, and thronged by citizens ready to do honour to their guest, or at least to satisfy their own curiosity. At St. James's she was received by the Queen, who had parted from ber thirteen years before. With motherly pride she presented her children to their grandmother. St. James's Palace was assigned to her as a residence, z In vain Charles urged Louis to allow his mother to return rrewnego- to France, on her engagement to meddle no more tiation for with politics. In vain did she entreat /3ellievre, the ber return to France. French Ambassador, to plead her cause with the Cardinal. The haughty svidow of Henry IV. humiliated herself * Laud to Roe, Oct. 4, lVorks, vii. 486. " Salvetti's IVews-Ze/ter, Oct. fs' Nov. x-"  La Serre, tIistoire de l'EnArée de la Ideine-3Ière. It is hot necessary to believe all that the writer says about the enthusiasm with which the Queen was greeted. He says that the French Ambassador welcomed her, which is certainly untrue. 638 tERA'ttARD OF WEIAIAR. 38I to no purpose. She was told that if she would betake herself December. to Florence a provision suitable to ber rank would be Failure of bestowed upon her. In France she had always been he negotia- tion. troublesome, and she could hOt be admitted there. Such an offer was unacceptable. Ratherthan revisit the home of ber childhood, where she would find herself a stranger amongst strangers, she preferred to remain in England, a burdensome pelasioner on Charles's bounty. 1 The year x638 did hOt end prosperously for Charles. His overtures had been rejected both by France and Spain. The The struggle Congress at Hamburg, without results for him, was for the hOt without results for others. A fresh compact was Upper Rhine. ruade between France and Sweden for a renewed attack upon the hereditary lands of the Emperor. Equipped with French subsidies, ]3ernhard of Veimar fell upon those Austrian lands upon the Upper Rhine, which barred the way of the French armies. Before the year came to an end he had won a great victory at Rheinfelden, and had forced the strong fortress of Breisach to surrender. To Richelieu, the surrender of Breisach gave the power ofentering Gelmany at his pleasure. It implied, too, the power of cutting off supplies sent by land to the Spanish Netherlands. Richelieu felt that the great objects of his ambition were already within his grasp. A few months before, the birth of the Dauphin, who was afterwards Louis XIV., had corne to strengthen the basis of his power• It would be a son of the toaster whonl he had served who would be the next ruler of France, hOt his enemy Gaston, or aay ally of the exiled Mary de Medicis. The news of ]3ernhard's successes was almost as unwelcome at Whitehall as the news of Hamilton's failure at Glasgow. France was now strong in that very part of Germany Charles's dissatisfac- from which the Palatinate might most easily be over- tion. awed. Nor was this all. The danger by land was more than matched by the danger by sea. The French navy was growing in numbers and eflïciency. One French fleet had  12.ellievre to Chavigny, Dec. *- Arch. des Aff. tr. xlvii. 305. Memoir for Bellievre, Jun. ,__o, t;ibL A'at. Ff. xS,9xS» fol. 382 Tti'E ASSE,IBL Y OF GZASGOP'. cH. LXXXVII, burnt Spanish galleys in the Bay of Biscay. Another French fleet had repulsed Spanish ships in the Gulf of Genoa. It was by no means improbable that belote long a triumphant French Armada would sail up the Channel to join the Dutch in the long-projected attack upon Dunkirk. No wonder Charles looked with wondering bitterness upon the swelling tide of Richelieu's success. No wonder that he fancied that he saw the hand of Richelieu in the Scottish troubles. Everyone who wished well to Charles was anxious that those troubles might be allayed. Till peace vere established in Scotland, England could speak with but a feeble voice on the Continent. "The news of Scotland," wrote Roe, "is mortal to out reputation abroad. I hope itis hot so iil as malignity spreads it." 1 With the opening of the New Year therefore, Charles had to face a Continental difficulty as well as a Scottish difficulty. Nothing would ever persuade him that the two were 1639. Relation of hot far more closely connected than they really were. thetroublesSCottishto The $cottish resistance seemed to him so entirely Continental incomprehensible, that he could not account for it, politics. except on the supposition that Richelieu was at the bottom of the whole movement, stirring up rebellion in the North, in order to keep England from interfering on the Con- tinent. In reality, Richelieu was doing nothing of the kind. Thoroughly convinced that Charles was rushing upon his own ruin, he did not think it worth while to interfere to stir the coals of an insurrection which was burning brightly enough without any aid from him. The very suspicion, howêver, was enough to increase Charles's anxieties. In one way or another, the Sçottish troubles must be brought to an end, if his rule were not to become as despicable abroad as it was insecure at home. Step by step, therefore, pushed on by rate, which is but the consequence of past errors, Charles moved slowly and unwil- lingly towards war. On January 15 Hamilton told, Jan. 15. Iqamilton's belote the English Privy Council, the story of his relation, bootless mission. The discussions which followed were long and anxious. Charles inclined to continue negotiation.  P, oe to Coke» Dec. 14, S. t . Germany. 1639 IVARLIKE PLANS. ]83 Disaftection, as he well knew, was widely spread in England, and any attempt to levy money would be met by redoubled outcries for a Parliament.  It little mattered what scheme of pacification might nebulously form itself in Charles's mind. Even before Hamilton's arrival, Sir Jacob Astley, a veteran who had served long in the Netherlands, was sent down to the North to muster the trained bands, and to bring them to due efficiency. = It was, indeed, officially stmed that the object of these precautions was resistance to a possible invasion, a but it was hardly likely that such an announcement would be seriously believed. On January 17, the Committee on Scotch Jan. 7- Affairs recommended the King to select from the trained banals a force of 30,000 men. It was arranged that the King should go to York in April, to treat or fight as occasion nfight serve, and that Newcastle and Hull should be placed in a state of detence.  Arms and munitions of war were brought over from the Continent in large quantities. Men and arms alone were hot enough. " If money is to be found, and the Puritans kept quiet," wrote a disinterested Financial onlooker, " all will go well. '' Whatever the Puri- s«hem«s, tans mlght do at some future time, they showed no signs of stirring now. For the navy, of course, ship-money was still available ; yet, either because the excitement roused by the result of Hampden's trial had alarmed the Court, or because, in view of the probability that money would be needed for land-service, it was thought wiser to decrease the burdens caused by the fleet as much as possible, no writ ofship- Ship-money. money was issued at the usual time in the autumn of 638. When January came, the writs were indeed sent out, a Salvetti's ACs-Zetter, Jan.  . Bellievre to De Noyers, Jan. ' M tr. xlvii, fol. 34, 35L Joachimi to the States-General, Jan. *' Atd. ISS. I7,677 Q, fol. m. Giustinian to the Doge, Jan. *  acrits. * Astley to Windebank, Jan. 4, , S. F. om. ccccx. 24, 6. * The King to the Lords-Lieutenant, Jan. , ibid. ccccix. 9. * Minutes of the Committee, Jan. I , bid. ççccix. IO6, IO. Jan. 25 « Salvetti's 2Voews-etter . 384 Tt-]E .4SSE«IlI?L 17 O_b" GL.4SGO l/V. CH. LXXXVII. but only 69,oool was asked for : about a third of the amount levied in former years. It was calculated that this would be sufficient to fit out the eighteen vessels which it was proposed to despatch to the coast of Scotland under Pelmington's coin mand.  It was less easy to find means for the equipment and pay- ment of the army. Early in the year, calculations were ruade of the expense which would be entailed by the army |an. 26. Tle nobility of 30,000 men which it had been originally intended called on to .«,.e. to place on the Borders. Such an army, it appeared, The English could only be maintained at the rate of 935,oool a f,c« year.  So large an expenditure was beyond Charles's lneans, and he therefore resolved to content himself with a smaller force. One scheme there was which recommended itself as in some small measure an alleviation of the burden. By their feudal tenures, the nobility were bound to follow the King to war when his banner was displayed before him. It was true that many years had passed since the fulfilment of this duty had been required ; but the King, who had replenished his exchequer by enforcing the antiquated obligation to take up knighthood, might very well replenish his army by enforcing the antiquated obligation to personal service. Every peer of the realm was therefore directed to appear in person in defence of the Borders, bringing with him such a following as his dignity required. It was gleefully calculated at XVhitehall, that in this way the Royal camp would receive an accession of at least 1,2oo horse without any payment whatever. 3 Early in February, orders were given for the levy of 6,000 foot and i,ooo horse, to form the nucleus of the larger force which was to gather round the Royal standard. To these were  Order in Council, Jan. 23, S. 19. 19oto. ccccix. 94.  s. t 9. .Dom. ccccxv, x 19. Mr. Hamilton dates this paper conjec- lurally in March. The project had been abandoned by that time, and it can hardly have been drawn up much later than the end of January. In his Preface he speaks erroneously of the number of 3%o0o being that which actually marched. - The King to Lord Grey of Werk, Jan. z6. lorthumberland to Conway, Jan. 29, S. t'. De»t. ccccx. 24, 8o. 1639 AA" ARJIY TO BE LEVIED. 385 to be added 4,ooo of the trained bands of Yorkshire, Durham, and Northumberland. Charles would thus, after February. se,.« taking account of the cavalry furnished by the no- thousand men to be bility, have an army of about I e,ooo men, disposable «-ie. for service in the field. For garrison dut)' at Ber- wick the Earl of Lindsey was to bring --,ooo men from Lincoln- sbire, and the Earl of Cumberland was to command at Carlisle with a force of 8oo soldiers, of whom 3oo were to be supplied from Wentworth's Irish levies. A little army of 5,ooo men from the eastern counties was to follow Hamilton on shipboard, that it might be landed et Aberdeen to join Huntly in the North. Taken altogether, the forces at the King's disposal might be reckoned as hOt far short of eo, ooo men. 1 Such a force would probably have been insufficient for the work in hand, even if Charles had been assured of national Feeling in support. Of this, however, there was no sign. The E,g .d. nobility, indeed, had either obeyed his summons, o1, in cases of sickness or old age, had sent money in lieu of ser- vice. Wentworth, detained in Ireland by his official duties, had directed his steward to pay e,oooL to the King as soon as he appeared in the North. The Catholic Marquis of Winchester sent 5ooL On the other hand, the Puritan Lord Brooke, when summoned to attend the King, replied that he ' did hOt appre- hend himself obliged to any aid of that nature but by Parlia- ment.'  The equally Puritan Lord Saye returned a somewhat silnilar answer. The letter of the law was, however, clearly against them, and on second thoughts they expressed their readiness to attend his Majesty, at least within the realm of England. For the army thus constituted it was necessary to provide commanders. The general-in-chief was to be the Earl of Arundel, the stately nobleman who had fared ill in his mission to Vienna, and who, as a Catholic by conviction, hated the t "[he details vill be found in the accounts of the Treasurer of the Army, Audit Offce 19echre,t l(eoun¢s, Bundle 3o, Roll 4 8. Hamil- ton's men are there given as 4,5oo. Hamilton himself reckons them at 5,ooo, perhaps counting officers, artillerymen, and supernumermies. " Minutes by Nicholas Feb., S. P. Z?om. ccccxiii. I7- ¥0I. VIII. C C 386 THé ASSF.]IBLY Off" GLASGOII". cH. LXXXVIi. Presbyterian Scots. The new commander had never looked on the face of war. It had been originally intended to confct the command of the horse upon the Earl of Essex, who had seen some service in the Netherlands. t The Queen, however, begged Holhd. this post for her favourite, the Earl of Holland, the C, eneral of lllOSt incompetent of men, and Essex had to content the Horse, ,d ..e,, himself with the less brilliant office of second in com- second in com,.nd, mand of the entire army. The seeds of jealousy were thus sown before a single regilnent was formed. Arundel vowed that he wouid throw up his command rather than see Holland in a post of such authority, and it was only upon the warm intercession of the King that he was induced to withdraw his resignation.  Even if Charles should resolve on increasing his army be- yond the limit-originally fixed, it would leave much to be desired in point of training. A body of veterans, if such a body could be found, would forma nucleus round which tbe mw English ]evies would soon.acquire the consistency of a disciplined force. Such veterans were to be found in Flanders, and as early as in x638. the summer of 1638 a proposal had been ruade to Spanlsh the Spanish Government for the loan of a body of soldiers ,,kedf«. troops. On that occasion Cardenas had been in- structed to refuse the request. So incurable was the distrust which Charles had sown around him, that Olivares feared lest a victory in Scottand might be followed by a league between England and France, in the saine way that Richelieu feared lest it might be followed by a league between England and Spain.  The scheme, dropped for a time, was revived a few months later. In January 1639 , a certain Colonel Gage, a Catholic officer in the Spanish service, comnmnlcated to the English  His sewice in the Palallnate, of which historians are fond of talking, was next to nothing.  Northumherlad to \Ventworth, Jan. -'9, StroEoe, rd Letters, il. =76. The King to Aundel, Feb. 9, S. /'. Z)o»,. ccccxii. 74. Con to Barberini, 1eb" i, Aad. 211SS. 5,39z, fol. 39. 1  Philip IV. to Cardenas, Sept. a' 635' Shnancas 21ISS. :'575-  639 TttE SCO TTISH FORCES. 387 Government his belief that the Cardinal Infant might be t6. 9. induced to supply Charles with a veteran force for his Jna,-y. Scotch campaign, if he were allowed to raise from Gage's popoL year to vear a large n,lmber of recruits in England and Irêland by voluntary ênlistment. A spccial emissary was Vebruan'. accordingly sent to Brussels to carry on the nego- "rheSpn- tiation. The Cardinal Infant recêived him politelv, iards cannot . beprea, but assured him that, menaced as he was by French armies, he could hot spare a single tnan.  Charles was thus saved froln the consequences of the most ruinous step which he had hitherto contemplated. It can hardly be doubted that if these Spanish regiments had set foot in England, the whole country from the Cheviots to the Land's End would bave broken out into instant rebellion. Trained and war-worn troops, the value of which had been thus recognised by Charles, were hot wanting to Scotland. The Sottih very poverty of the Scots, through no prevision of soldi«rs rrom their own, had ruade them strong. For many a year, the German w,r. a stream of needy, stalwart adventurers had been flowing over from Scotland into Germany to be converted into hardy warriors by Gustavus Adolphus and his lieutenants. Many a lnan had returned, bringing with him his share of the plunder of Germany, together with an enthusiasm for the Pro- testantism which had been to him a war cry leading to fortune, as well as a strengthening faith in the hour of peril. Small as the population of Scotland was, when the hour of battle came, she would be able to oppose to the loose ranks of untrained peasants which were all that Charles could bring into the field, an an_ay which comprised at least a fair proportion of practised soldiers. No special credit is due to the Covenanting leaders for being ready to make use of the instrument of war which cir- cumstances had placed in their hands. But credit is due to Jan. 6 a Col. Gage to G. Gage, FC-.. 5" 16 C,I. Gage to Windebank, Feb. C.'arendon & Instructions to Col. Gage, Feb. 5- G Gage to Windebank, Feb. , _larch S, 388 THE .4SS3IL Y OF GL4SGO II . cH. LXXXWl. them fol" avoiding the fault into which a proud and high-spirited Th«com- nobility is most apt to fall. Very early they rest)lved ad of the that no Rothes or Loudoun should contest, as Essex cottish ,,r,,w. and Holland were cor)tcsting, for those posts of mili- tary trust to which they were unequal. The professional army of Scotland was to bave a professional commander. The leader of whom they were in search was round in AIexander Leslie, an illegitinmte son of a Fifeshire laird. :Uxata« Deformed in person, and of low stature, he had c«sli« served with credit in the German wars, and, if he had not gained high renown as a strategist, he was skilled in the arts by which recruits are trained into soldiers, and posts ,ss. are occupied and held. In the spring of 1638, April. when he was in command of a force in the Swedish His visit to s«tt«, service in Pomerania, he visited Scotland in order to fetch away his wife and family. On his way he was presented to the King in London, and told Roc that, if his prescrit masters could spare him, he would be happy to undertake the command of the army which it was at that rime proposed to raise for the Elector Palatine. t Thrown into the midst of the excitement then spreading over his native country, he may even in the spring of 1638 bave seen his way to a position which promised more than the service of the feeble Charles Lewis. It is hot probable that he was himself very enthusiastic in the cause of the Covenant, or in any other cause whatever. For tbat very reason he was the better fitted to take the command of an army in which there were many enthusiasts. No doubt he entered into communication with Rothes, the head of the family of Leslie ; and, whether an)' actual offer of command were ruade to him at this time or hot, Rothes was hOt likely to forget so useful a kinsman. Leslie remrned to the Continent. Belote the end of the -year he was again in Scotland, after sli'pping through the watch  R,e to Elizabeth, Match 22; Elizabeth to Roc, April 2, S. . Ger»any Zonca to the Doge, April 6, /C. Tra»scriits. . O. This l_,UtS an end to the story which bas been copied from Spaldir.g 1-y mcst writers, that Leslie came home with the intention of settling in Scotland. On the fable of his inability to write, sec 5Iasson's Z oIilon, ii. 55. r639 ALE.VANDER LESL[. 389 of the English cruisers in a small barque. He was able to o«,,ber. gladden the hearts of his fellow-countrymen by the retrn. fo announcement that he had induced large numbers of Scotland. SCOtS arriving in Germany to take the Covenant, and that he had procured large stores of military supplies for the use of the Scottish army at home. 1 From rime to time arms and powder were conveyed across the sea. Some of these supplies were intercepted by Charles's agents, but the greater part was safely landed. Soon after the conclusion of the x639. sittings of the Assembly of Glasgow, Leslie was Wbrary. invested with the tank of general. Active prepara- ïakes the «o,m,d. tions for defence were made on every side. "We are busy," wrote a Scotchman in February, " preaching, pray- ing, and drilling ; could his Majesty and his subjects in Eng- land come hither, they will find a barder welcome than before, unless we be ruade quit of the bishops." z On February 14, the Covenanters brought matters to a crisis, They appealed from the King to the Eglish people. vb. ,4. They were loyal, they said, to their sovereign, and "rhe Scottish most anxious to remain on good terms with their manifesto, brethren in the South. Ail the mischief which had happened had been the fault of some 'Churchmen of the greatest power in England.' These men had introduced inno- vations into their own Church, had fined and banished those who strove to resist the Church of Rome, and had finally inter- fered with the Scottish Church in order to create a precedent for similar work in England. Was the English nation willing to fight in such a cause ? Already Papists.--Arundel, whose secret convictions were well known, was clearly pointed out were placed in command of the army preparing against Scotland. If war there was to be, it would be war for the re-establishment of the bishops. If an English Parliament were convened, it would approve the equity and loyalty of the Scots. a Charles was stung to the quick. The appeal to an English  13aillie, i. I  L z Craig to Stewart, Feb. 12, S. P.-Dort. ccccxii. o 3. • ushwarth ïk 798. 39o TttE ,4SSE3IBLY OF GL,4SGOII: CH. LXXXVII. Parliament was specially annoying, and the assertion that he Ch-.le«s was showing undue favour to the Catholics would be ,'e»e,,tme,,t. widely circulated in England. He had long been contending against the belief that Laud was a friend of the l'apacy in disguise, and, in order to refute it, he had recently directed the Archbishop to publish his narrative of the Con- Feb. ,o. ference in which, fifteen years before, he bad upheld Publication the doctrines of the English Church against the of Laud's c,,A,,-,.,,« Jesuit Fisher. The book appeared on February io, ,i«/,Fi/,-. only to be received with jeers I5y Catholic and l'uritan. 1 Laud could no longer count upon equitable con- sideration. At this very molnent he was exposing himself to fresh obloquy by an unwise Star Chamber prosecution, directed Feb. x4. against his old antagonist, Bishop Willialns. Certain .Villiams letters, written by a schoolmaster named Osbaldiston, again before the Star were round in Williams's house at Buckden. In Chamber. lhese letters an unnamed personage was irreverently styled ' the little urchin,' and ' the little lneddling hocus-pocus.' There tan be no reasonable doubt that Laud was intended. Williams suggested that the words referred to one Mr. Spicer. Williams was, however, condemned to pay a fine of 5,ooo/. to the King, and 3,oooL to the Archbishop, for having these letters in his possession. Osbaldiston, who was present in Court, slipped away as soon as he heard how matters were likely to go, and eluded all pursuit. He left behind him a written explanation that he had fled beyond Canterbury.  Charles was able to fine and imprison his English subjects. The Scots were beyond his reach. On February e7 he Feb. 7- published a proclamation in reply to the Scottish The King's manifesto. It was untrue, he said in effect, that the proclama- tion. religion of Scotland was attacked. It was perfectly sale in h.is hands. The Scots were aiming at the destruction of monarchical government. They had been tampering with his English subjects, and were now preparing t. invade Eng-  Laud's DialT, Feb. I% lS/orks, iii. 23I. Con to Barbttini, Feh. Blarch Add. l'tl.ffS. 5,392, fol. 52o  l¢ushwortl, ii 8o3. 1639 TttE' LARGE DECL4R4 TION.' "1 land, in ortier that their leaders might repair their broken -fortunes by the plunder of the South. 1 If he was now coin- pelled to levy an army, it was hot merely to vindicate his rights in Scotland. The very safety of England was at stake. "The question," he said, "is hOt now whether a Service Book is to be received or hOt, nor whether episcopal government shall be continued or presbyterial admitted, but- whether we are their Klng or hot." This proclamation was appointed to be read in Th«Z«,-g« every parish church n England. * It was speedily 9,.d«,-«- followed by the Zage l)edaration, as it was called, tion. a portly volulne in which the whole story of the misdeeds of the Scots was set forth at length froln the King's point of view. The writer, a Scotchman, nalned Dr. Balcan- qual, had accompanied Halnilton to Glasgow as his chaplain. He now received the Deanery of Durham as the reward of his advocacy. In one point, at least, Charles was undoubtedly right. The COlning war would be a struggle for supremacy. Monarchy, Charact«r of as it had been hitherto understood, was now chal- the.,truggle, lenged by the principle of national sovereignty clothed in ecclesiastical forms. The issue thus raised could hardly be fought out in cotiand alone. As the Scottish manifesto declared, tlae future of England was involved in the strife which was now opening in the North.   Charles had said much the same thing of Eliot, when he described him as 'an outlaw desperate in mind and fortune.'  Rushworth, ii. 830. - Amongst the 3I«lboune IZSS. is a letter, dated Feb. 20, from Argyle, and apparently addressed to Laud, in which the wr'.'ter attempts to minimise the differences between them. "Although," he savs, " I do not under- take to excuse anything His Majesty is pleased to disallow, yet with your lordship's favour, I believe you shall find that the complaints of that pres- bytery your lordship mentions, which we call out Church or General Assembly, is concerning ver), essentml differences between the Reformed Church and that of Rome ; and so far only against bishops as they trans- gress the laws and lawful constitutions of this Church and kingdonl ; for whether or not there be a fundamental point in religion is not here ques- tioned nor determined : nor what is |undamentat t'xclttstr, ¢ do I think any man will presume to defme r so as it may be a sufflctent fuie for others." 39 T]/E .4 SS'2IBZ Y OF G£.4SGOIt: cH. LXXXVh Farther on, Arg-yle complains that his countrymen are accused of dis- obedience, ' when truly they only oppose voluntary and constrained action» in religious duties in relation to him who requires cheerfulness at out hands, 'hich I hope no Christian will deny ?' In the last passage Argyle goes, from a modern point of view, to the foot tf the matter. He ends with a stroke at Laud's interference. "So," he writes, « I wish your Lordship and all others of the reformed Church (not knowlng the constitutions of this) were as charitable to it, and meddled as little in disquieting ber peace as, I hope, they bave carefully prevented that fault b)" their proceedings here." IKND OF THE EIGkI'H VOLUME. AND CO., NEW-STItEET LONDON iESRS. LONGMANS, GREE, & C0.'S CLASSIFIED CATALOGUE OF WORKS IN GENERBL LITERBURE. History, Politic.% Polity, Political Memoirs, &¢. Abbott.--A HST,»RV Or GREECE. Byj gwelL---IRELAND UNDER THE Evl.;I.YN ABBOT'F, M.A., LLllï). TUDORS. 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